20051766 Ver 2_401 Application_20080324

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
March 19, 2008
TO: Mr. Brad Shaver
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: NWP 14 Application for Sterling Farms Subdivision
Action ID# 200500551 &DWQ# 051766
Onslow County, NC
Dear Brad:
MAR 2 4 2008
DENR -WATER QUAUTV
y~ETLANOS AND STORMWATER BRM~CH
Enclosed is a NWP 14 application for your review. This application is submitted on behalf of Ogden
Highway LLC fora 396-acre tract located offof Old 30 Road in Jacksonville, NC named Sterling Farms. The
applicant is developing a residential subdivision within the site and will impact 0.429 acre of 404 wetlands for
the construction of eight road crossings. As you may recall, 404/401 permits were issued for this project in
March of 2006. However, the permits expired prior to the applicant completing all of the road crossings. The
applicant is requesting a renewal of these permits. Please note that all of the mitigation requirements (NC EEP
payment and preservation of remaining wetlands) have occurred.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sir 1cerely,
;~ ~ 1,~~~
Kim Williams
Wetland Scientist
Encl.
C: Mr. Tom Tucker, Ogden Highway LLC
Ms. Joanne Steenhuis, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

LG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
March 19, 2008
TO: Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification Application for Sterling Farms Subdivision
Action ID# 200500551 &DWQ# 051766
Onslow County, NC
Dear Joanne:
Enclosed is a 401 Water Quality Certification application for your review. This application is submitted
on behalf of Ogden Highway LLC fora 396-acre tract located offof Old 30 Road in Jacksonville, NC named
Sterling Farms. The applicant is developing a residential subdivision within the site and will impact 0.429 acre
of 404 wetlands for the construction of eight road crossings. As you may recall, 404/401 permits were issued
for this project in March of 2006. However, the permits expired prior to the applicant completing all of the
road crossings. The applicant is requesting a renewal of these permits. Please note that all of the mitigation
requirements (NC EEP payment and preservation of remaining wetlands) have occurred.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
~.1~
Kim Williams
Wetland Scientist
Encl.
C: Mr. Tom Tucker, Ogden Highway LLC
Mr. Brad Shaver, ACOE
Mr. Ian McMillan, DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14; GC3404
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: O dg en Hi hway LLC
Mailing Address: c/o Mr. Tom Tucker
315 Friday Drive
Wilmington, NC 28411
Telephone Number: [phone] Fax Number:__(910) 686-2406
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliams(a~lmgroup.net
Updated 11/1/2005
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sterling Farms Subdivision
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 530702792767
4. Location
County: Onslow Nearest Town: Jacksonville
Subdivision name (include phase/lot number): Sterling Farms
Directions to site (include road numbers, landmarks, etc.): Take 17 N to Jacksonville. Turn
right onto Halltown Road. Turn left onto Waters Road. Turn left onto Old 30 Road (SR
1423). Site will be on left (see vicinity maps.
5. Site coordinates, if available (UTM or Lat/Long): 33.7768° N 77.3111° W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
396.83 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Little Northeast Creek
8. River Basin: White Oak River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adminhi~aps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This site is partially developed. Adjacent land use is
undeveloped or residential.
Updated I 1 /1 /2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: This project
will consist of a residential subdivision with approximately 566 lots (206 lots in Phase 1)
The applicant will complete all planned roads and stormwater conveyances Culverts will be
installed at wetland crossin;?s and silt fences will be installed. Infrastructure such as water
will then be installed. Finally lots will be sold for individual development Please note
sections of this development have alreadybeen completed under previous 404/401 permits
11. Explain the purpose of the proposed work: To complete a residential subdivision within the
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Brad Shaver of the Corps approved the wetland delineation 404/401
permits (Action ID# 200500551 & DWQ# 051766) were issued to impact 0 429 acre of wetlands
within this tract in 2006 but thev expired prior to the applicant completing all of the road
crossings. All mitigation requirements were fulfilled The applicant is requesting a renewal of the
previous permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future wetland impacts are anticipated on site. Remaining wetlands have been preserved
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: In 2006, the applicant received
404/401 permits to impact 0.429 acre of 404 wetlands for eight road crossin s Four
crossings totaling 0.246 acre (#5 - #8) were installed prior to the permits expiring_The
applicant requests renewal of the permits to impact the remaining 0 183 acre (#1 - #4)
Updated 11/1/2005
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Culvert/fill Forested wetland no 700 0.005
2 Culvert/fill Forested wetland no 800 0.033
3 Culvert/fill Forested wetland no 1000 0.085
4 Culvert/fill Forested wetland no 300 0.060
5 Culvert/fill (installed) Forested wetland no 1600 0.049
6 Culvert/fill (installed) Forested wetland no 2000 0.067
7 Culvert/fill (installed) Forested wetland no 1800 0.084
8 Culvert/fill (installed) Forested wetland no 600 0.046
Total Wetland Impact (acres) 0.429
3. List the total acreage (estimated) of all existing wetlands on the property: 58.27 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage. multiply length X width. then divide by 43.560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dred~in~. flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) T e of Im act
yp p lake, ond, estua
( p ry> sound, bay,
Impact
(indicate on map) ocean, etc.) (acres)
N/A

Updated 11/1/2005
Page 8 of 12

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.429
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.429
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The applicant revised the site
plan several times in order to avoid and minimize impacts to wetlands, eliminatinc several lots in
the process (designated as open space). However, because of the location of the wetlands and
local regulations, some impacts could not be avoided. Because of the number of proposed lots
and the anticipated traffic, a local ordinance requires that Silver Hill Drive run the length of the
tract. To minimize impacts, the applicant will cross wetlands at narrow points along the wetlands
and has designed the roadways so that five crossings will occur at existing crossings. Please note
that the ap licant applied for and received 404/401 permits for these crossings in 2006. However,
the permits expired prior to the installation of all of the road crossings.
Updated 1 l / t /2005
Page 9 of 12

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation maybe required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 1501inear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for the proposed 0.429 acre of impacts to wetlands, the applicant implemented
the mitigation requirements of the previous permits, which was the preservation of remaining
wetlands on site ( 57.86 acres) through restrictive covenants and a payment to the EEP for
the restoration of 0.5 acre ofnon-riparian wetlands. Please see the enclosed documentation.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wip/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Updated 1 l/1/2005
Page 10 of 12

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 0.5 ac (paid)
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Updated 1 V1/2005
Page 11 of 12

Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Sections of the site have already been developed
in compliance with 404/401 and gradin;? permits Total proposed impervious cover will consist
of roadways and 566 homes with driveways which will comprise approximately 72 acres or
18%. The applicant will install silt fencing around the construction area to reduce erosion into
wetland areas. A sedimentation and erosion control permit has been obtained
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The facility will utilize on-site wastewater treatment
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
h~://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to other tracts
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

~/~~IQ~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

Mar 13 08 05:05a
From: Land Management Group
9104520060 03113/Z008 14:45 8843 P.003I003
AGENT DISCI;OSURE FORM
TO WHO:v1 IT MAY CONCERIti':
I/we, the undersigned, hereby authorize Land Management Group, Ina to act as our agent in the
prepazation and representation of information related to the permit application for the Sterling
Farms site in Onslow County, NC(Job# 40-07-221P). All questions in regazds to this project
should be directed to Land Management Group, Inc.
P•~
Sincerely,
~ ~,
~~
Owner/Applicant ~rG ~~w ~' 1 C
~GyJi=Nl
Punt Name
.~ /~ - ~ ~
Date

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Map Source: North Carolina Atlas & Gazetteer. Pg 77.(2003)
Ogden Highway LLC Land Management Group, Inc.
Sterling Farms Tract Environmental Consultants
Onslow County, NC Wilmington, N.C.
40-05-377 March 2008
SCALE 1 "=2.4 miles
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Ogden Highway LLC Land Management Group, Inc.
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40-05-377 March 2008
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Ogden Highway LLC Land Management Group, Inc.
Sterling Farms Tract Environmental consultants Figure 3
Onslow County, NC Wilmington, N.C. Soils Map
40-05-377 March 2008

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Ogden Highway LLC Land Management Group, Inc.
Sterling Farms Tract Environmental Consultants Figure 4
Onslow County, NC Wilmington, N.C. Aerial Photograph
40-05-377 March 2008

k51-UTURE UEVEIORMGNf
WEYEP.HAUSER
~.:F~ ~nMPANV
STORMWATER LEGEND
E%ISTINC CONTOUR LINES
_-30---^"'~`~ ` PROPOSED CONTOUR L1NE5
........ PROPOSED GRADE
ELEVATIONS
y RUNOFF FLOW DIRECTION
PHASE 2
~~ PHASE DESIGNATION LINE
PHASE 1
CORRUGATED METAL PIPE
WITH RIP RAP APRON AT
END OF EACH PIPE
-- GRADING LIMITS
-- - SILT FENCE
FLOW DIRECTION
RIP RAP APRON
AS PER SPECIFICATIONS
STORMWATER CONTROL
BASIN
100 VEGETATIVE SWALE
WETLANDS
'~---~ EXISTING DITCH
'~ ~ - ~~ , j
- ~, ~~ Wetland
(INSTAL E~
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etia d i pad iF&
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NOTE: PRELIMINARY PLANS; NOT FOR CONSTRUCTION
March 2006
STERLING FARMS SUBDIVISION
-= -~~~ ~t~t~_~1 Onslow County, NC
-_-
0 ~JO 12v!~ Ogden Highway, LLC
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VICINITY MAP
NOT TO SCALE
WETLANDS CALCULATIONS
AREA OF DEVELOPMENT: 257.7 ACRES
AREA OF WETLANDS: 34.34 ACRES
PERCENT WETLANDS: 13.35 PERCENT
GENERAL NOTES:
1. 5' DRAINAGE AND UTILITY EASEMENT ON EACH LOT
LINE WITHIN THE PROPERTY.
2. ALL SIDE SLOPES ARE (H:V) 3:1.
3. SILT FENCE PLACED INSIDE GRADING LIMITS BY 2
FEET.
4. NO SILT FENCE SHALL CROSS ANY DITCH OR
CHANNEL INSIDE WETLANDS.
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DENNIS `iLVESTEP, 1630 MILTARY CUTOFF, STE 110
910-934-1299 4WLMINGTON, NC 28403
NCSR 1423 (OLD HIGHWAY
Figure 5. Site plan showing
proposed wetland impacts.
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CAPE CARTERET, NC. 28584
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OGDEN HIGHWAY LLC CAPE CARTERET, NC. 28584
Proposed wetland impacts #~-3. PHONE [phone]
LMG JOB NO. 40-05-377 JOSEPH F. DUNNEH00 PE/PLS

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OGDEN HIGHWAY LLC Pro
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OGDEN HIGHWAY LLC Proposed wetland impact ~S. CA PHONE 252 T354-776184
LMG JOB NO. 40-05-377 JOSEPH F. DUNNEH00 PE/PLS

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OGDEN HIGHWAY LLC OA PHONER 252 T354C 776184
Proposed wetland impacts #6-7.
LMG JOB N0. 40-OS-377 JOSEPH F. DUNNEH00 PE~PLS

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LMG JOB NO. 40-05-377 JOSEPH F. DUNNEH00 PE~PLS

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STERLING FARMS SUBDIVISION
FIGURE 14. Typical Side View of Culvert
February 2006

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200500551 County: Onslow USGS Quad: Kellum
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Ogden Highway LLC Agent: Land Management Group, Inc.
Address: attn: Dennis Silvester attn: Kim Williams
1630 Military Cutoff Road
Wilmington, NC 28403
P.O. Box 2522
Wilmington, NC 28402
Telephone No.: 910-934-1299 910-452-0001
Size and location of property (water body, road name/number, town, etc.): The 396.83 acre tract (to be known as
Sterling Farms Subdivision) is located next to Morton Elementary School off the north side of Old 30 Road (SR
1423) adjacent to Little Northeast Creek in the White Oak Community, Onslow County.
Description of projects area and activity: The project involves filling 0.429 acres of headwater wetland drains for the
development of infrastructure to support Sterling Farms Subdivision.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW-39
SEE SPECIAL CONDITIONS ATTACHED.
The reviewed and ayproved plans are attached.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application signed 9/13/2005, plans dated March 6, 2006 entitled cross section impacts #1-4 and
plans dated February 2006 entitled cross section impacts #5-8. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-4611.
Corps Regulatory Official ~ ~,..~,~ Date: March 16, 2006
Expiration Date of Verification: March 18, 2007
Page 1 of 2

Determination of Jurisdiction:
A. ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this
notification.
C. ^ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ®The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 12/12/2005. Action ID 200500551
Basis of Jurisdictional Determination: The subject area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and is adjacent to Northeast Creek, which flows into the New River, a naviEable water of the US.
Corps Regulatory Official: ',~.~.~( ~ ~„~
Date March 16, 2006
Copy Furnished:
ND Division of Water Quality attn: Joanne Steenhuis 127 Cardinal Drive Extension Wilmington, NC 28405
Page 2 of 2

Special conditions:
Sterling Farms Subdivision
AID# 200500551
1. Upon completion of Sterling Farms Subdivision, all the remaining wetlands (+/- 34 acres) within the
396-acre tract, depicted on the survey plat as conservation area entitled Exhibit A Conservation Areas,
originally verified on December 12, 2005, shall be left in their natural or mitigated condition as described in the
Subdivision Declarations.
2. The approved declaration must be executed and recorded with Onslow County Register of Deeds
prior to the selling of any lots within the subdivision. This record must include our verified wetland survey
depicting the location of all waters and wetlands within the boundary of the subdivision. The draft declaration
of covenants reviewed and approved was received complete on February 6, 2005 with the associated plat
prepared by Oceanside Engineering and Surveying received February 23, 2006.
3. The master declaration relating to wetlands within Sterling Farms Subdivision cannot not be amended
or modified without the express written consent of the U.S. Army Corps of Engineers, Wilmington District.
4. The permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP)
in the amount determined by the NC EEP, sufficient to perform the restoration of 0.50 acres of non-riparian
wetlands in the White Oak River Basin, Cataloging Unit 03030001.
5. Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP
has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of Environment and Natural
Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
Corps Regulatory Official: ~~
Date: 3 - ~~ ~ t oo ~

Michael F. Easley, Governor
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
March 16, 2006
Ogden Highway, LLC
c/o Dennis Silvester
1630 Military Cutoff Road
Wilmington, NC 28403
Alan W. Klimek, P.L. Director
Division of Water Quality
DWQ Project # 051766
Onslow County
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions
Impact 0.41 acres of wetlands for eight (8) crossings
Sterling Farms Subdivision
Dear Mr. Silvester:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.41 acres of jurisdictional wetlands for eight (8) crossings, as described within your application
received by the Central Office September 19, 2005 and received by the N.C. Division of Water Quality
(DWQ)Regional Office on September 26, 2005 and additional information received by the Wilmington
Regional Office on February 7, 2006, February 23, 2006 and March 15, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certifications
Number 3404 (GC 3404). .These Certifications can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. The Certification 3404 allows you to use the Nationwide
Permit 14 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge, and NPDES
Stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation maybe required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following wetland impacts are hereby approved as long as all of the other specific and
general conditions of this Certification are met. No other impacts are approved including
incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Seroicel-877-623-6748
Wilmington Regional Offce Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
~atur~rll~

Page Two
Ogden Highway, LLC
c/o Dennis Silvester
DWQ Project ~ 0~ 1766
March 16, 2006
Amount Approved (Units) Plan Location or Reference
Stream Nr'A (feet)
Isolated Wetlands N/A
404 Wetlands 0.41 (acres) Site plan showing proposed
wetland impacts sheet 1 of 2
& sheet 2 of 2
Waters N/A (acres)
Buffers N/A (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned orleased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the Norih Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

Page Three
Ogden Highway, LLC
c/o Dennis Silvester
DWQ Project # 051766
March 16, 2006
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Please read the conditions associated with General Certification # and 3404 (enclosed) and if you do
not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. If you do not accept any of the
conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for
an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.. .
This letter completes the review of the DWQ Permit #051766 under Section 401 of the Clean Water Act. If
you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincerely,
,~
I
i"
... ..-~ .«. -JY ..~ a
Alan W. Klimek, P.E.
Enclosures: GC 3404
Certificate of Completion
cc: Kim Williams-Land Management Group
Ian McMillan - 401 Oversight/Express Review Permitting Unit
Brad shaver - USACE Wilmington Regulatory Field Office
W iRO
Central Files

rY
u sv_i i.a
~'=3++.'.. i'.. .Shy.' s.
PROGRAM
RECEIPT
October 16, 2006
Dennis Sylvester
Ogden Highway, LLC
1630 Military Cutoff Road
Wilmington, NC 28403
Project: Sterling Farms Subdivision
County: Onslow
DWQ #: 2005-17b6
EEP No. ILF-2005-63
Amount Paid; $6,561.50
Check Number; 1085
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the EMC Variance issued for the above referenced project. This receipt serves as
notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with
all other conditions of this certification and any ather state, federal or local government permits or authorization associated
with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation wiI[ be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Cotes of Engineers dated November 4, 1998, as indicated below.
River Basin W
l

CU et
and Credits Stream Credits Buffer I Buffer II
{Sq. Ft.) (Sq. Ft.)
Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm
White Oak
03030001 0 0.5 0 0 0 0 p 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions nr
need additional information, please contact Kelly Williams at {919) 716-1921.
Sincerely,
..
., ~ ~--
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlandsl401 Unit
Brad Shaver, USACE-Wilmington
Noelle Lutheran, DWQ- Wilmington
Doug Huggett, DCM, Morehead City
file
R.P~S'tDYl~... F ~ ... PYDtP.G~U29 OGGY StR.tPi
I~CD~EN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

Mir 13, 08 05:06a
FINAL VERSION
RECORDED l2!7/O6
Book 2782/Pa~e 747
DECLARATION OF COVENANTS, CONDITIONS
Ai~rD RESTRICTIONS FOR
STERLING FARMS
THIS DOCtiA'IENT REGULATES OR PROIIIFITS THE DISPLAY OF THE FLAG OF
THE UNITED STATES OF ANTERICA OR STATE OF tiORTH CAROLINA. THIS
DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive.
Wilmington, NC 25403-4705
Please return to Ward and Smith, P.A., University Corporate Center, l2 7 Racine Drive,
1'~rilmin~ton, NC ?S403-S705
p.5

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR STERLING FARMS.
This Declaration, Made the day of , by OGDEN HWY, LLC, hereinafter
referred to as "Declarant" or "Developer" for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Onslow County,
North Carolina, known as STERLING FARMS,(legal description to be recorded once
subdivision plat is approved for recordation (the "Property"); and
WHEREAS, Declarant now owns or may acquire other lands which at Declarant's
sole option may be added to the Planned Community (as hereinafter defined); and
WHEREAS, Declarant is unable to determine at the time of recording of this
Declaration what types of residential product lines or developments will be constructed
on any Additional Property (as hereinafter defined) but desires to retain the flexibility for
this Declaration to accommodate such different product lines and developments, when
identified.
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set
forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the
following easements, restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
In addition to other terms defined herein, the following capitalized terms shall
have the following meanings as used herein:

SECTION 1. Additional Property shall mean and refer to any lands, in addition to
the above described Property, annexed to and made a part of the Planned Community,
whether such lands are now owned or hereafter acquired by Declarant or others, and
whether developed by Declarant or others.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and
votes in the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Sterling Farms Homeowners'
Association, Inc., a North Carolina non-profit corporation, its successors and assigns,
the owners association organized pursuant to the Act for the purposes set forth herein.
SECTION 4. Association Maintenance Area shall mean any land areas or
facilities which the Association is obligated to operate or maintain which are not
Common Elements. The Association Maintenance Areas shall consist of the unpaved
portions of Sterling Farms (or portions thereof that the Association elects to maintain)
and the portions of such other public highway rights of way within the Planned
Community as the Association elects from time to time to maintain.
SECTION 5. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned'Community which are owned or
enjoyed by the Association, other than a Lot, and intended for the common use and
enjoyment of the Owners, and their tenants including, without limitation, any private
roads, perimeter fencing for the Property (but not privacy fences located on or within a
Lot), and storm water retention ponds within the Planned Community. Common
Elements shall also include any areas designated on any plats for the Planned
Community as "Open Space", "Common Area", "Common Element", "Recreation Area",
"Amenity Area", or other similar designation. Common Elements need not be contiguous
to or abutting the Property or any Additional Property.
SECTION 6. Common Expenses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
SECTION 7. Common Expense Liability means the liability for Common
Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise.
SECTION 8. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to OGDEN HWY, LLC., its successors and assigns, if
such successors or assigns should acquire undeveloped property from the Declarant or
a Lot not previously disposed of for the purpose of development and reserves or
succeeds to any Special Declarant Right.

SECTION 9. Declarant Control Period shall have the meaning set forth in Article
III hereof.
SECTION 10. Declaration shall mean this instrument as it may be from time to
time amended or supplemented.
SECTION 11. Executive Board or Board shall be used interchangeably with the
Board of Directors and means the body, regardless of name, designated in this
Declaration or otherwise to act on behalf of the Association.
SECTION 12. Limited Common Elements shall mean areas and facilities within
any Lot which are for the exclusive use of the Lot Owner but which the Association is
obligated to maintain pursuant to the terms of this Declaration. Initially The Limited
Common Elements shall consist of, but only within Townhomes at Sterling Farms, (i) the
exterior of all dwellings, including by way of illustration, but not limited to, roofs, exterior
building surfaces, decks, porches, gutters and downspouts, and (ii) yards and other
improvements, including by way of illustration, but not limited to, travelways, walkways,
privacy fences for the sole use of a Lot, leaves, shrubs and grass but excluding that
portion of the yard located within any privacy fencing. Declarant may with regard to
Additional Property, by amendment to this Declaration, add Limited Common Elements
to the Planned Community without the consent of any Lot Owners (so long as the
Owners of the Limited Common Elements pay the cost of their operation and
maintenance through Annual Limited Common Element Assessments as hereinafter
defined.
SECTION 13. Limited Common Element Development shall mean any
townhouse, patio, or other type development within the Planned Community which has
Limited Common Elements (the operation and maintenance of which is paid by the
Owners within the Limited Common Element Development).
SECTION 14. Lots shall mean and refer to any portion of the Planned
Community designated for separate ownership by a Lot Owner and shown on a
recorded subdivision plat which has been approved by the applicable planning board or
other governmental authority.
SECTION 15. Lot Owner or Owner shall mean the Declarant or other Person
who owns a fee simple title to any Lot, including contract sellers, but excluding those
having such interest merely as security for the performance of an obligation.
SECTION 16. Master Association means a master association as defined in the
Act.
SECTION 17. Person means a natural person, corporation, business trust,

estate, trust, partnership, association, joint venture, government, governmental
subdivision, or agency or other legal or commercial entity.
SECTION 18. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of the Planned Community by the exercise of any
Special Declarant Right.
SECTION 19. Purchaser means any Person, other than the Declarant or a
Person in the business of selling real estate for the purchaser's own account, who by
means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than
(i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as
security for an obligation.
SECTION 20. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
SECTION 21. Special Declarant Rights means rights reserved for the benefit of
the Declarant including without limitation the right (i) to complete improvements
intended or planned by Developer for the Property or Additional Property; (ii) to exercise
any development or other right reserved to the Declarant by this Declaration or
otherwise; (iii) to maintain within the Planned Community sales offices, management
offices, construction offices/trailers, signs advertising the Planned Community, and
models; (iv) to use the Common Elements for the purpose of making improvements
within the Planned Community; (v) to make the Planned Community part of a larger
planned community or group of planned communities; (vi) to make the Planned
Community subject to a Master Association; (vii) to appoint or remove any officer or
Executive Board member of the Association or any Master Association during the
Declarant Control Period or (viii) to permit other land to be annexed to and made part of
the Planned Community in accordance with the terms of this Declaration.
SECTION 22. Storm water Permit shall mean State Storm water Permit # TBD
issued by the North Carolina Division of Water Quality (DWQ), Department of
Environment and Natural Resources (DENR) as it may be amended, and such other
storm water permits as may be issued for the Planned Community from time to time.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every
Owner shall have and is hereby granted a right and easement of enjoyment in and to

the Common Elements, if any, which shall be appurtenant to and shall pass with the title
to every Lot, subject to the following provisions:
(a) The Association may make and amend reasonable rules and
regulations governing use of the Common Elements by the Owners (but such rules and
regulations may not exclude an Owner from simultaneous use of the Common Elements
except for non-payment of Assessments or rules violations);
(b) The Association may grant a security interest in or convey the
Common Elements, or dedicate or transfer all or part of the Common Elements, to any
public agency, land trust/conservation organization, or authority or utility for such
purposes and subject to such conditions as may be agreed to by at least eighty percent
(80%) of the Members, excluding the Developer; provided, however, that the
Association may without the consent of the Owners grant easements, leases (including
conservation easements), licenses and concessions through or over the Common
Elements. No conveyance or encumbrance of Common Elements shall deprive any
Lot of its rights of access or support.
SECTION 2. Easements in Favor of Declarant and the Association. The
following easements are reserved to Declarant and the Association, their agents,
contractors, employees, successors and assigns:
(a) easements as necessary in the lands constituting the Common
Elements and the rear, front and side ten feet of each Lot for the installation and
maintenance of utilities and drainage facilities (including the right to go upon the ground
with men and equipment to erect, maintain, inspect, repair and use electric and
telephone lines, wires, cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone equipment, gas, sewer,
water or other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to
be recorded in the office of the Register of Deeds of the county where the Planned
Community is located; the right to cut drain ways, swales and ditches for surface water
whenever such action may appear to the Developer or the Association to be necessary
in order to maintain reasonable standards of health, safety and appearance; the right to
discharge storm water into any retention ponds and related drainage facilities; the right
to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to
take any other similar action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and
appearance; and the right to locate wells, pumping stations, and tanks within residential
areas, or upon any Lot with the permission of the Owner of such Lot). No structures or
plantings or other material shall be placed or permitted to remain upon such easement
areas or other activities undertaken thereon which may damage or interfere with the
installation or maintenance of utilities or other services, or which may retard, obstruct or
reverse the flow of water or which may damage or interfere with established slope ratios

or create erosion. Declarant reserves the right to grant easements/curb cuts over all
private or public streets and all Common Elements within the Planned Community to
itself or others for the purpose of providing access and utilities to other lands, whether
owned by the Declarant or others and whether or not part of the Planned Community.
These easement areas (whether or not shown on the recorded plats for the Planned
Community) but not the improvements within such areas shall be maintained by the
respective Owner except those for which a public authority or utility company is
responsible.
(b) easements over all private streets, if any, access easements, and
Common Elements within the Planned Community as necessary to provide access,
ingress and egress, to and the installation of utilities for any Additional Property.
(c) an easement of unobstructed access over, on, upon, through and
across each Lot and the Limited Common Elements located thereon, if any, at all
reasonable times to perform any maintenance and repair to the Limited Common
Elements required by this Declaration.
SECTION 3. Other Easements. The following additional easements are granted
by Declarant:
(a) an easement to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services, to enter upon all Lots
and Common Elements in the performance of their duties.
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other person authorized by it, shall have the
immediate right to enter any Lot for the purpose of remedying or abating the causes of
such emergency and making any other necessary repairs not performed by the Lot
Owners.
(c) the Association is granted an easement over each Lot for the
purposes of providing Lot maintenance when an Owner fails to provide maintenance
and upkeep in accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein
are perpetual easements appurtenant, running with the land, and shall inure to the
benefit of and be binding on the Declarant and the Association, their successors and
assigns, and any Owner, purchaser, mortgagee and other person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust
deed or other evidence of obligation, to the easements and rights described in this
Declaration.

ARTICLE III.
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association shall be incorporated
no later than the date the first Lot in the Planned Community is conveyed. The
Association is a nonprofit corporation organized pursuant to the Nonprofit Corporation
Act of the State of North Carolina for the purpose of establishing an association for the
Owners of Lots to operate and maintain the Common Elements and any Limited
Common Elements in accordance with this Declaration, its Charter and Bylaws The
Association shall be empowered to perform and/or exercise those powers set forth in
the Act as it may be amended from time to time, in addition to any powers and authority
otherwise granted to it.
SECTION 2. Membership. Every Lot Owner shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from Lot
ownership.
SECTION 3. Membership Classes. The Association shall initially have three
classes of voting membership (but the Declarant by amendment to this Declaration
without the consent of any Lot Owners may add other membership classes for each
Limited Common Element Development or other type development which may be
annexed to the Planned Community).
Class A. Class A Members shall be Owners of Lots who have not been
assigned to another membership class pursuant to this Declaration.
Class 8. The Declarant shall be a Class B Member.
SECTION 4. Voting Rights. The voting rights of each class of membership shall
be as follows:
(a) The Class A Members shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in any Lot, all such persons shall be
members. The vote for such Lot shall be exercised as they determine, but in no event
shall more than one vote be cast with respect to any Lot. Fractional voting with respect
to any Lot is hereby prohibited. Only certain classes of members may vote on certain
issues as hereinafter provided.
(b) The Class B Member shall be entitled to three (3) votes for each Lot owned.
The Class C Membership shall cease and be converted to a Class A Membership on
the happening of any of the following events, whichever occurs earlier:

(i) when the total vote outstanding in all Classes of Membership,
other than Class C Membership, equals the total vote outstanding in the
Class C Membership; or
(ii) on December 31, 2020; or
(iii) upon the voluntary surrender of all Class B Membership by the
holder thereof.
The period during which there is Class B Membership is sometimes referred to
herein as the "Declarant Control Period". If the Declarant loses Class B Membership, it
shall re-acquire Class B Membership for the Planned Community upon adding
Additional Property. During the Declarant Control Period, the Declarant shall have the
right to designate and select the Executive Board of the Association and the right to
remove any person or persons designated and selected by the Declarant to serve on
the Executive Board, and to replace them for the remainder of the term of any person
designated and selected by the Declarant to serve on the Executive Board who may
resign, die, or be removed by the Declarant.
SECTION 5. Government Permits. After completion of construction of
any facilities required to be constructed by Declarant pursuant to permits,
agreements and easements for the Planned Community, all duties, obligations,
rights and privileges of the Declarant under any water, sewer, storm water and
utility agreements, easements and permits for the Planned Community with
municipal or governmental agencies or public or private utility companies, shall
be the duties, rights, obligations, privileges and the responsibility of the
Association, notwithstanding that such agreements, easements or permits have
not been assigned or the responsibilities thereunder specifically assumed by the
Association. There are additional provisions made in this Declaration concerning
storm water facilities and the Storm water Permit.
SECTION 6. Common Elements. The Association shall at its sole cost
and expense be responsible for the operation and maintenance of each Common
Element within the Planned Community from the date of completion of its
construction or improvement by the Developer, whether or not (i) such Common
Element has actually been deeded to the Association, or (ii) any permit issued by
a governmental agency to Declarant for the construction and operation of the
Common Element has been transferred from the Declarant to the Association or
assumed by the Association. If the Declarant is required by any government
agency to provide any operation or maintenance activities to a Common Element
for which the Association is liable to perform such operation and maintenance
pursuant to this section, then the Association agrees to reimburse the Declarant
the cost of such operation and maintenance within 30 days after Declarant
renders a bill to the Association therefor. The Association agrees to levy a

Special Assessment to cover the amount of such bill if it does not have other
sufficient funds available. Declarant shall be entitled to specific performance to
require the Association to levy and collect such Special Assessment.
SECTION 7. Architectural Control Committee. The Executive Board shall
perform all duties of the Architectural Control Committee if no such committee is
appointed by it, subject, however, to the Special Declarant Rights. Any
Architectural Control Committee appointed by the Executive Board shall consist
of at least 5 members.
ARTICLE IV.
INSURANCE AND BONDS
SECTION 1. Individual Home Insurance. All Owners shall purchase at their
individual expense individual policies covering each Lot and Lot Owner individually.
SECTION 2. Common Element Insurance. The Board of Directors on behalf of
the Association, as a Common Expense of all Lot Owners, may at all times keep the
Common Elements and other assets of the Association insured against loss or damage
by fire or other hazards and such other risks, including public liability insurance, upon
such terms and for such amounts as may be reasonably necessary from time to time to
protect such property, which insurance shall be payable in case of loss to the
Association for all Members. The Association shall have the sole authority to deal with
the insurer in the settlement of claims. In no event shall the insurance coverage
obtained by the Association be brought into contribution with insurance purchased by
Members or their mortgagees. The Association at minimum shall maintain with regard
to the Common Elements the insurance coverages) required by the Act.
SECTION 4. Fidelity Bond. The Association may maintain, as a Common
Expense paid by all Owners, blanket fidelity bonds for all officers, directors, employees
and all other persons handling or responsible for funds of the Association; provided,
however, that if the Association shall delegate some or all of the responsibility for the
handling of its funds to a management agent, such fidelity bonds shall be maintained by
such management agent for its officers, employees and agents handling or responsible
for funds of or administered on behalf of the Association.
ARTICLE V.
ARTICLE VI.

COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
Each Lot Owner covenants and agrees to pay to the Association the following
assessments, as applicable (collectively the "Assessments"):
A. Annual Common Element Assessments;
B. Annual Limited Common Element Assessments;
B. Special Assessments;
C. Insurance Assessments;
D. Ad Valorem Tax Assessments; and
E. Working Capital Assessments.
The 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 respective Lot
against which the Assessments are made. Each such Assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of
the Person who was the Owner of such Lot at the time when the Assessment fell due.
The personal obligation for delinquent Assessments shall not pass to the Owner's
successors in title unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Common Element
Assessments and the Annual Limited Common Element Assessments levied by the
Association shall be used, as applicable, exclusively to promote the recreation, health,
safety and welfare of the Owners and residents of the Planned Community and for the
maintenance, repair and replacement of the Common Elements and any Limited
Common Elements. The funds arising from said assessments or charges, may be used
for any or all of the following purposes: Operations, maintenance and improvement of
the Common Elements, and any Limited Common Elements, including payment of
utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and
accounting fees and governmental charges; establishing working capital; paying dues
and assessments to any organization or Master Association of which the Association is
a member; and in addition, doing any other things necessary or desirable in the opinion
of the Association to keep the Common Elements and Limited Common Elements in
good operating order and repair.
SECTION 3. Annual Assessments. At least 90 days before the beginning of
each fiscal year, the Executive Board shall adopt proposed annual budgets, as follows:

(i) a budget for the Annual Common Element Assessments
consisting of the annual cost of operating and maintaining the Common Elements.
(ii) a separate budget for the Annual Limited Common Element
Assessment for each Limited Common Element Development within the Planned
Community consisting of the annual cost of operating and maintaining the Limited
Common Elements for such development.
(iii) such other budgets as the Executive Board deems appropriate.
Within 30 days after adoption of the proposed budgets for the Planned
Community, the Executive Board shall provide to all of the Lot Owners a summary of
the budgets and notice of a meeting to consider ratification of the budgets, including a
statement that the budgets may be ratified without a quorum. Each budget is ratified
unless at the meeting a majority of all of the Lot Owners in the Association entitled to
vote on the particular budget rejects the budget. All. members shall be entitled to vote
on the budget for the Annual Common Element Assessments. Only the class of
members to which any budget for the Annual Limited Common Element Assessments
applies shall be entitled to vote with regard to the budget applicable to them. In the
event a proposed budget is rejected, the periodic budget last ratified by the Lot Owners
shall be continued until such time as the Lot Owners ratify a subsequent budget
proposed by the Executive Board. The Annual Assessments for each Lot shall be
established based on the annual budgets thus adopted, with all Lots funding the budget
for the Annual Common Element Assessments and the Lots within a particular Limited
Common Element Development funding the budget for the Annual Limited Common
Element Assessments applicable to them; provided, however, that the first Annual
Assessments shall be set by the Declarant prior to the conveyance of the first Lot to an
Owner. The due date for payment shall be established by the Executive Board. The
Executive Board shall have the authority to require the Assessments to be paid in
periodic installments. The Association shall, upon demand, and for a reasonable
charge furnish a certificate signed by an officer of the Association setting forth whether
the Assessments on a specified Lot have been paid.
SECTION 4. Special Assessments. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes:
A. To defray, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any
Limited Common Elements, including fixtures and personal property related thereto,
provided that any such Special Assessment shall have the assent of two-thirds (2/3) of
the affected Members voting as a class who are voting in person or by proxy at a
meeting duly called for this purpose. Written notice of any meeting of Owners called for
the purpose of approving such Special Assessment shall be sent to all Members not

less than ten (10) days nor more than sixty (60) days in advance of the meeting.
Special Assessments regarding Limited Common Elements shall be voted on and
assessed against only the Class of members to which the Special Assessment applies.
SECTION 5. Insurance Assessments. All premiums on insurance policies
purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a Common Expense, and the Association may at any
time levy against the Members to which it applies an "Insurance Assessment", in
addition to the Annual Assessments, which shall be in an amount sufficient to pay the
cost of all such deductibles and insurance premiums not included as a component of
the Annual Assessment.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may at
any time year levy against the Owners equally an "Ad Valorem Tax Assessment", in
addition to the Annual Assessments, which shall be in an amount sufficient to pay ad
valorem taxes not included as a component of the Annual Assessment.
SECTION 7. Working Capital Assessments. At the time title to a Lot is
conveyed to an Owner by Declarant, the Owner shall pay the sum of $200.00 to the
Association as working capital to be used for operating and capital expenses of the
Association. Such amounts paid for working capital are not to be considered as
advance payment of the Annual or any other Assessments.
SECTION 8. Rate of Assessment. The Association may differentiate in the
amount of Assessments charged when a reasonable basis for distinction exists, such as
between vacant Lots of record and Lots of record with completed dwellings for which
certificates of occupancy have been issued by the appropriate governmental authority,
or when any other substantial difference as a ground of distinction exists between Lots.
However, Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 10. Effect of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable by law.
The Association may bring an action at law against the Owner personally obligated to
pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or
otherwise escape liability for the Assessments provided for herein by non-use of the
Common Elements or abandonment of his Lot. All unpaid installment payments of
Assessments shall become immediately due and payable if an Owner fails to pay any
installment within the time permitted. The Association may also establish and collect
late fees for delinquent installments.

SECTION 11. Lien for Assessments. The Association may file a lien against a
Lot when any Assessment levied against said Lot remains unpaid for a period of 30
days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of lien
is filed of record in the office of the Clerk of Superior Court of the county in which the Lot
is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the
General Statutes. Fees, charges, late charges, fines, interest, and other charges
imposed pursuant to Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 47F-3-115 of the
Act are enforceable as Assessments.
B. The lien under this section shall be prior to all liens and encumbrances on a
Lot except (i) liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien
in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the Lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three years after the docketing of the claim of lien in
the office of the Clerk of Superior Court.
D. Any judgment, decree, or order in any action brought under this section shall
include costs and reasonable attorneys' fees for the prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such purchaser and its heirs, successors and assigns shall not be
liable for the Assessments against the Lot which became due prior to the acquisition of
title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be
Common Expenses collectible from all of the Lot Owners including such purchaser, its
heirs, successors and assigns.
F. A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the lien claimed.
ARTICLE VII.
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and

privileges which shall be in addition to the Special Declarant Rights and any other rights,
powers and privileges reserved to the Declarant herein:
SECTION 1. The Architectural Control Committee/Executive Board. The
Declarant shall be entitled, so long as Declarant shall own any Lot within the Planned
Community, to appoint and remove the members of the Architectural Control
Committed. The Declarant shall be entitled during the Declarant Control Period to
appoint and remove the officers and members of the Executive Board.
SECTION 2. Plan of Planned Community. The right to change, add to, delete,
alter or re-designate the allocated planned, platted, or recorded use or designation of
any of the lands constituting the Planned Community including, but not limited to, the
right to change, alter or re-designate road, utility and drainage facilities and easements
and to change, alter, add to, delete, or re-designate such other present and proposed
amenities, Common Elements, Limited Common Elements, or facilities as may in the
sole judgment and discretion of Declarant be necessary or desirable. The Declarant
hereby expressly reserves unto itself, its successors and assigns, the right to re-plat any
one (1) or more Lots shown on the plat of any subdivision of the Property or Additional
Property in order to create one or more modified Lots; to further subdivide tracts or Lots
shown on any such subdivision plat into two or more Lots; to recombine one or more
tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from
such recombination shall be treated as one Lot for purposes of Assessments); to
eliminate from this Declaration or any plats of the Planned Community Lots that are not
otherwise buildable or are needed or desired by Declarant for access or are needed or
desired by Declarant for use as public or private roads or access areas, whether serving
the Planned Community or other property owned by the Declarant or others, or which
are needed for the installation of utilities, Common Elements or amenities, and to take
such steps as are reasonably necessary to make such re-platted Lots or tracts suitable
.and fit as a building site, access area, roadway or Common Elements. The Declarant
need not develop, or develop in any particular manner, any lands now owned or
hereafter acquired by the Declarant, including any lands shown on plats of the Planned
Community as "Future Development" or as "shadow lots" or potential lots in planned
future sections of the Planned Community. Any such lands shall not be subject to this
Declaration unless Declarant expressly subjects them hereto by filing of a supplemental
declaration in the Register of Deeds office of Brunswick County. Declarant is required
by DWQ to state herein the maximum allowed built-upon area for all lots which
Declarant has planned to develop within the Planned Community. By listing the
maximum built-upon area herein for all such lots, Declarant does not obligate itself to
develop in any particular manner or for any particular uses any lands now owned or
hereinafter acquired by Declarant which are not shown on the recorded plats referenced
herein.

SECTION 3. Amendment of Declaration by the Declarant. This Declaration may
be amended without Member approval by the Declarant, or the Executive Board, as the
case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property, including, but not
limited to, amendments to add additional classes of Membership to the Association, to
add, delete or alter Common and Limited Common Elements and to establish minimum
square footages and other standards for structures.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property, or any
portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this Article or
otherwise permitted herein.
F. To conform this Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the Planned Community or to qualify the Planned
Community or any Lots and improvements thereon for mortgage or improvement loans
made, insured or guaranteed by a governmental agency or to comply with the
requirements of law or regulations of any corporation or agency belonging to, sponsored
by, or under the substantial control of the United States Government or the State of
North Carolina, regarding purchase or sale of such Lots and improvements, or
mortgage interests therein, as well as any other law or regulation relating to the control
of property, including, without limitation, ecological controls, storm water regulations,
construction standards, aesthetics, and matters affecting the public health, safety and
general welfare. A letter from an official of any such corporation or agency, including,
without limitation, the North Carolina Department of Environment and Natural
Resources, the Department of Veterans Affairs, U. S. Department of Housing and
Urban Development, the Federal Home Loan Mortgage Corporation, Government
National Mortgage Corporation, or the Federal National Mortgage Association,
requesting or suggesting an amendment necessary to comply with the requirements of
such corporation or agency shall be sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such
request or suggestion. The Declarant may at any time amend this Declaration to
change the maximum built-upon area permitted by DENR/DWQ. Notwithstanding
anything else herein to the contrary, only the Declarant, during the Declarant Control
Period, shall be entitled to amend this Declaration pursuant to this Section.

SECTION 4. Annexation of Additional Property. Declarant may annex to and
make a part of the Planned Community any other real property, whether now owned or
hereafter acquired by Declarant or others, and whether developed by the Declarant or
others (the "Additional Property"). Annexation of Additional Property to the Planned
Community shall require the assent of 67 percent of the Members who are voting in
person or by proxy at a meeting called for this purpose; provided, however, Additional
Property may be annexed to the Planned Community without the assent of the
Members so long as the Additional Property is used for residential purposes (including
but not limited to multifamily, condominiums, townhomes, patio homes, apartments,
Common Elements, roads and other amenities related thereto). Declarant is not
required to annex any land to the Planned Community.
SECTION 5. Sales Model/Parking. So long as the Declarant or its designee
shall retain ownership of any Lot, it may utilize any such Lot for offices, models or other
purposes relating to the development, construction, sale or rental of Lots and dwellings,
including the right to place "For Sale" or "For Rent" signs on any Lots. In addition, in
connection with any of the above activities the Declarant and its agents shall have the
right to park vehicles and materials on any street or within the right of way thereof.
SECTION 6. Transfer of Declarant and Special Declarant Rights. Without
limiting Declarants general authority to transfer its rights hereunder, the Declarant
specifically reserves the right to transfer, without the approval of any Lot Owners, any
Declarant or Special Declarant rights contained herein to any other Person who
develops or build homes in the Planned Community. Upon such transfer, the transferee
shall have all of the rights of the Declarant hereunder except to the extent any such
rights are limited in the document of transfer.
SECTION 7. Use of Infrastructure and Amenities. Declarant may allow other
owners' associations, and their owners (whether residential or commercial), to use the
amenities and infrastructure within the Planned Community so long as such other
owners' associations pay a portion of the cost or the operation and maintenance of such
amenities and infrastructure, the exact amount of such payment to be in the sole
discretion of the Declarant.
ARTICLE VIII.
USE RESTRICTIONS, ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No
dwelling, wall, tent or other structure shall be commenced, erected, or maintained upon
any Lot, nor shall any exterior addition to or change in or alteration therein (including
painting or repainting of exterior surfaces) be made until the plans and specifications
showing the nature, kind, shape, heights, materials, colors and location of the same

shall have been submitted to and approved in writing as to harmony of external design
and location in relation to surrounding structures and topography by the Architectural
Control Committee. If the Architectural Control Committee fails to approve or
disapprove such design and location within thirty (30) 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. Refusal or approval of any such plans,
location or specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the
Architectural Control Committee shall be deemed sufficient. One copy of all plans and
related data shall be furnished to the Architectural Control Committee for its records.
The Architectural Control Committee shall not be responsible for any structural or other
defects in plans and specifications submitted to it or in any structure erected according
to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
A. Each dwelling, on the following Lots shown on the above referenced plat,
shall have the following minimum of square footages of enclosed, heated dwelling area:
1400 square feet
Provided, however, the Architectural Control Committee may permit a dwelling to have
a minimum of 10% less square feet than provided above if the Committee in its sole
discretion finds that the variance will not adversely impact property values within the
Planned Community. The term "enclosed, heated dwelling area" shall mean the total
enclosed area within a dwelling which is heated by a common heating system; provided,
however, that such term does not include garages, terraces, decks, open porches, and
like areas. The Declarant, as provided above, shall be entitled to amend this
Declaration to establish different square footage minimums for any Additional Property
annexed to the Planned Community, whether Townhomes, Patio Homes or otherwise.
B. Since the establishment of inflexible building setback lines for location of
houses on Lots tends to force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be
established by this Declaration. In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling
or other structure upon any Lot shall be controlled by and must be approved absolutely
by the Architectural Control Committee; provided, however, that no structure shall be
constructed closer to a Lot line than is permitted by applicable governmental
regulations.
C. The exterior of all dwellings, yards, landscaping, irrigation and other
structures must be completed within six (6) months after the construction of same shall

have commenced.
D. All service utilities, garage receptacles, fuel tanks, and wood piles are to be
enclosed within a wall or plant screen of a type and size approved by the Architectural
Control Committee, so as to preclude the same from causing an unsightly view from any
highway, street or way within the subdivision, or from any other residence within the
Planned Community. All mail and newspaper boxes shall be uniform in design within
each type development within the Planned Community. Design for mail and newspaper
boxes shall be furnished by the Architectural Control Committee. Fences shall be
permitted on any Lot; provided, however, that the design, placement, and materials of
any fence are approved by the Architectural Control Committee. Clothes lines are not
permitted on any Lot.
E. Off street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot
which parking areas and the driveways thereto shall be constructed of concrete, brick,
asphalt, or turf stone, or any other material approved by the Architectural Control
Committee.
F. All light bulbs or other lights installed in any fixture located on the exterior of
any building or any Lot for the purpose of illumination shall be clear, white or non-frost
lights or bulbs.
G. Front yards shall be sodded with sod approved by the Declarant or the
Architectural Control Committee.
H. Due to sewer restrictions, no home shall have garbage disposals installed.
I. Construction activity on a Lot shall be confined within the boundaries of said
Lot. Each Lot Owner shall have the obligation to repair damage to common Elements
or other property and to collect and dispose of all rubbish and trash resulting from the
construction on his Lot. Upon a Lot Owner's failure to repair such damage or to collect
and dispose of such trash within thirty (30) days after receipt of a written notice from the
Association, the Association may repair the damage or collect and dispose of such
rubbish and trash at the Lot Owner's expense. Any expense incurred by the
Association in repair or clean-up of the Lot shall be billed to the Owner of the Lot and if
not paid within 30 days, the amount thereof shall become a lien against the Lot which
shall be enforceable pursuant to the provisions of this Declaration as is the case for
delinquent assessments.
SECTION 3. Use Restrictions.
A. Land Use And Building Type. No Lot or parcel of land shall be used for any
purpose except for residential purposes, subject, however, to the rights of the Declarant
contained herein. All numbered Lots are restricted for construction of one single family

dwelling (plus, a detached garage, if there is not one attached to the residence, and
such other accessory buildings as may be approved by the Architectural Control
Committee). Notwithstanding the foregoing, the Declarant may develop any parcel of
land annexed to the Planned Community as multifamily (Condos, apartments, etc.) so
long as the parcel is restricted only to residential use.
B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish or destroy the
enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each
Owner to prevent the development of any unclean, unsightly or un-kept condition of
buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the
neighborhood as a whole or the specific area.
C. Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any
time as a residence either temporarily or permanently without the written consent of the
Association or its designee; provided, however, that this shall not prevent the Declarant,
its designees or assigns from maintaining a construction trailer or office on any part of
the Planned Community until the construction and sale of dwellings on all Lots and the
Common Elements improvements are completed.
D. Vehicles/Boats. No boat, motor boat, camper, trailer, motor or mobile homes,
tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any
street at any time, without the written consent of the Association. No inoperable vehicle
or vehicle without current registration and insurance will be permitted on any Lot, street
or Common Element. The Association shall have the right to have all such vehicles
towed away at the owner's expense. No repairs to any vehicle may be made on streets
or in driveways but only in garages or other areas and not visible from the street.
E. Animals. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets
may be kept or maintained provided that they are not kept or maintained for commercial
purposes and provided further that they are not allowed to run free, are at all times kept
properly leashed or under the control of their owner and do not become a nuisance.
F. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or TV
satellite signal receiving dishes are permitted on any Lot and no outside radio or
television antennas shall be erected on any Lot or dwelling unit unless and until
permission for the same has been granted by the Architectural Control Committee;
provided, however, satellite dishes not over 18" in diameter which cannot be seen from
the street are permitted.

G. Construction in Common Elements. No Person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Association.
H. Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on
any Lot or in the Common Elements without permission of the Executive Board;
provided, however, the Declarant may, so long as Declarant owns any Lot or land,
maintain for sale signs on Declarant's Lots and land and maintain signs on the Common
Elements advertising the Planned Community.
I. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written consent
of the Declarant during the Declarant Control Period and thereafter by the Board of
Directors.
J. Leases. No rental or lease for any Lot shall be for a term of less than 12
months. All leases must be in writing and must contain a provision requiring the tenant
to comply with all the use restrictions of this Declaration and any rules and regulations
adopted by the Association. All leases shall be submitted to the Association to verify
that they comply with this section. When a dwelling is leased to more than one tenant
they must be related by blood or by marriage. Transient rentals are strictly prohibited.
K. Trees. No trees on any Lot in 6 inches in diameter or greater may be cut or
removed without the approval of the Architectural Control Committee.
L. Window Coverings. Each Townhome is to be originally equipped with mini-
blinds which shall be permanent fixtures and shall remain with the Townhome when
sold and may not be removed. The mini-blinds may be replaced with mini-blinds of the
same style and color as those originally installed. Any additional window treatments
must be located inside the mini-blinds.
SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept
neat and in good condition and repair. All shrubs, trees, grass and plantings shall be
kept neatly trimmed and properly cultivated.
ARTICLE IX.
UNITED STATE CLEAN WATER ACT REGULATIONAS AND
STORM WATER PERMIT/FACILITIES
SECTION 1.

A. The United States Clean Water Act imposes the following covenants and
restrictions on all lots and conservation areas of the Willows.
The areas shown on the recorded plat as conservation areas shall be maintained
in perpetuity in their natural or mitigated condition. No person or entity shall perform
any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove or harm any vegetation
c. construct or place any roads, trails walkways, buildings, mobile homes,
signs utility poles or towers or any other permanent or temporary
structures.
d. Drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. Dump or store soil, trash or other waste
f. Graze or water animals or use for any agricultural or horticultural purposes
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United State of America, US
Army Corps of Engineers, Wilmington District, Action ID and therefore .may be enforced
by the United States of America. This covenant is to run with the land and shall be
binding on the Owner and all parties claiming under it.
The covenant set forth above in Section A cannot be amended without the
express written consent of the United States Army Corps of Engineers, Wilmington
District.
In accordance with Title 15 MCAC2H.1000, the Coastal Stormwater
Management Regulations, deed restrictions and protective covenants are required for
certain developments where lots will be subdivided and sold. Deed restrictions and
protective covenants are necessary to ensure that the development maintains and built-
upon surface area consistent with the applicable regulation limiting built-upon area. The
following deed restrictions and covenants must be recorded prior to issuing the
Stormwater Management Permit:
SECTION 2. Storm water Permit. The Association and each of its Members
agree that at anytime after (i) all work required under the Storm water Permit has been
completed (other than operation and maintenance activities), and (ii) the Developer is
not prohibited under DENR regulations from transferring the Storm water Permit for the
Planned Community to the Association, the Association's officers without any vote or
approval of Lot Owners, and within 10 days after being requested to do so, will sign all
documents required by DENR for the Storm water Permit to be transferred to the
21

Association; provided, however, that at the time the Developer requests that the
Association accept transfer of the Storm water Permit, the Developer has delivered to
the Association a certificate from an engineer licensed in the State of North Carolina,
dated no more than 45 days before the date of the request, that all storm water
retention ponds, swales and related facilities are constructed in accordance with the
plans and specifications therefore. If the Association fails to sign the documents
required by this paragraph, the Developer shall be entitled to specific performance in
the courts of North Carolina requiring that the appropriate Association officers sign all
documents necessary for the Storm water Permit to be transferred to the Association.
Failure of the officers to sign as provided herein shall not relieve the Association of its
obligations to operate and maintain the storm water facilities covered by the Storm
water Permit.
SECTION 3. Storm water Facilities O & M. Any storm water retention ponds and
related facilities for the Planned Community which have or are to be constructed by or
on behalf of Declarant constitute Common Elements and, subject only to the provisions
of Section 3 of this Article, the Association, at its sole cost and expense, is responsible
for the operation and maintenance of such facilities. Such O & M shall include, but not
be limited to, compliance with all of the terms and obtaining any renewals of the Storm
water Permit. Except as provided in Section 3 of this Article, the Association shall
indemnify and hold harmless the Developer form any obligations and costs under the
Storm water Permit for operation and maintenance of the storm water retention ponds
and related facilities.
SECTION 4. Damage to Storm Water Facilities. The Declarant shall at its sole
cost and expense be responsible for repairing any damage to storm water facilities
which Declarant determines is caused by the Developer's development activities. The
Developer shall not be responsible for damages to storm water retention ponds and
related facilities caused by any other cause whatsoever, including but not limited to
construction of residences or other activities by Owners, their agents and contractors,
upon their Lots, acts of God, and the negligence of others. Lot Owners shall be
responsible for damages to such storm water facilities caused by construction of
buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days
after receipt of notice of damage to storm water facilities, repair the damage at the
Owner's sole cost and expense to return them to the state required by the storm water
plans and specifications for the Planned Community. If the Lot Owner fails to do so
within said 30-day period, the Association shall perform the work and the cost of the
work shall be added to the Annual Assessment due from the Lot Owner.
SECTION 5. Enforcement Of Storm Water Runoff Regulations.
A. The following covenants are intended to ensure ongoing compliance with
22

State Storm water Management Permit Number SW8 , as issued by the
Division of Water Quality under NCAC 2H.1000.
B. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the storm water management permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
D. The covenants pertaining to storm water may not be altered or rescinded
without the express written consent of the State of North Carolina, Division of water
Quality.
E. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per lot is SEE ATTACHED
SHEETS square feet. This allotted amount includes any built-upon area constructed
within the lot property boundaries, and that portion of the right-of-way between the front
lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not
include raised, open wood decking, or the water surface of swimming pools.
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line and
the edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
G. All runoff from the future commercial area must OBTAIN PERMIT TO DO
SO.
H. Built-upon area CANNOT BE IN excess of the permitted amount.
I The owner of each development tract, whose ownership is not retained by the
permittee, shall submit a separate offsite storm water permit application AND SUBMIT A
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM to the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL AND NATURAL RESOURCES, Division of
Water Quality AND LAND QUALITY DIVISION prior to construction.
ARTICLE X.
23

LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions
contained in this Declaration are for the purpose of protecting the value and desirability
of the Planned Community and the Lots. All present and future Owners, tenants and
occupants of Lots and their guests or invitees, shall be subject to, and shall comply with
the provisions of the Declaration, and as the Declaration may be amended from time to
time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such Owner, tenant or occupant. The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any person having at any time any interest or estate in any Lot, their heirs,
successors and assigns, as though such provisions were made a part of each and
every deed of conveyance or lease, for a term of twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for
successive periods of ten (10) years, unless terminated by the Lot Owners.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns. The Executive Board shall be entitled
to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition
to the remedies otherwise provided for herein concerning the collection of Assessments,
the following remedies shall be available:
A. Association to Remedy Violation. In the event an Owner (or other occupant
of a Lot) is in violation of or fails to perform any maintenance or other activities required
by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board, after 30-days notice, may enter upon the Lot and remedy the violation
or perform the required maintenance or other activities, all at the expense of the Owner.
The full amount of the cost of remedying the violation or performing such maintenance
or other activities shall be chargeable to the Lot, including collection costs and
reasonable attorneys' fees. Such amounts shall be due and payable within 30 days
after Owner is billed. If not paid within said 30 day period, the amount thereof may
immediately be added to and become a part of the Annual Assessment levied against
said Owner's Lot. In the event that any maintenance activities are necessitated to any
Common or Limited Common Elements by the willful actor active or passive negligence
of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance,
repair or other activity is not fully covered by insurance, then, at the sole discretion of
the Board of Directors, the cost of the same shall be the personal obligation of the
Owner and if not paid to the Association upon demand, may immediately be added to
and become a part of the Annual Assessment levied against said Owner's Lot.
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B. Fines. The Association may in accordance with the procedures set forth in
the Act establish a schedule of and collect fines for the violation of this Declaration or of
the Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an
Owner does not pay the fine when due, the fine shall immediately become a part of and
be added to the Annual Assessment against the Owner's Lot and may be enforced by
the Association as all other Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may in accordance
with the procedures set forth in the Act suspend all services and privileges provided by
the Association to an Owner (other than rights of access to Lots) for any period during
which any Assessments against the Owner's lot remain unpaid for at least 30 days or
for any period that the Owner or the Owner's Lot is otherwise in violation of this
Declaration or the Association's Charter, Bylaws, or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. The remedies provided herein are cumulative
and are in addition to any other remedies provided by law.
ARTICLE XI.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of
the. Association during normal business hours, (b) receive an annual financial
statement of the Association within ninety (90) days following the end of its fiscal year,
(c) receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any
condemnation or casualty loss that affects either a material portion of the Planned
Community or the property securing its loan, (e) receive written notice of any sixty-day
(60) delinquency in the payment of Assessments or charges owed by any Owner of any
property which is security for the loan, (f) receive written notice of a lapse, cancellation,
or material modification of any insurance policy or fidelity bond maintained by the
Association, (g) receive written notice of any proposed action that requires the content
of a specified percentage of mortgage holders, and (h) be furnished with a copy of any
master insurance policy.
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SECTION 2. Utility Service. Declarant reserves the right to subject the Property
to contracts for the installation of utilities, cable TV and street lighting, which may
require an initial payment and/or a continuing monthly payment by the Owner of each
Lot. Each Lot Owner will be required to pay for any water connections, sewer
connections, impact fees or any other charges imposed by any entity furnishing water,
sewer or other utility service to the Lots. In the alternative, the Developer may collect
such connection, impact and other fees, and charges directly from the Lot Owners. All
Lot Owners shall be required, for household purposes, to use water and sewer supplied
by the companies/governmental units servicing the Planned Community. Separate
water systems for outside irrigation and other outdoor uses shall not be permitted
without the consent of the Architectural Control Committee.
SECTION 3. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provisions which
shall remain in full force and effect.
SECTION 4. Amendment of Declaration. Except in cases of amendments that
may be executed by the Declarant under this Declaration or by certain Lot Owners
under the Act, this Declaration may be amended by affirmative vote or written
agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the
votes in the Association are allocated, or by the Declarant if necessary for the exercise
of any Special Declarant Right or development or other right reserved to the Declarant
herein.
SECTION 5. FHA/VA Approval. So long as there is Class B membership,
annexation of Additional Properties, dedication of Common Elements and amendments
to this Declaration must be approved by the Federal Housing Administration and/or the
Department of Veterans Affairs, as the case may be, if either of those agencies has
approved the making, insuring or guaranteeing of mortgage loans within the Planned
Community.
SECTION 6. North Carolina Planned Community Act. It is the intent of the
Declarant to comply with the requirements imposed on the Planned Community by the
Act and to the extent any of the terms of this Declaration violate the Act, the terms of the
Act shall control.
SECTION 7. Liability Outside Class. By virtue of this Declaration, the
Association's Articles and Bylaws, certain actions by the Association are required to be
taken for only a particular Class of Members. The Members of any Class of
Membership outside of a Class for which the Association is required or elects to take
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any action shall have no liability, through assessments or otherwise, for the
Association's failure to take or to mismanage any such action.
IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed
in its corporate name by its president pursuant to authority of Declarant's Board of
Directors as of the day and year first above written.
OLDEN HWY, LLC.
By:
President
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
I, , a Notary Public, certify that
personally came before me this day and acknowledged that he is the President
of Wilmington West, Inc., a corporation, and that he, as President, being
authorized to do so, executed the foregoing on behalf of said corporation.
Witness my hand and seal, this the day of , 2005.
My commission expires:
(SEAL)
Notary Public
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LOT
NUMBE
R LOT SIZE
TOTAL IN SQ.
FT. ALLOWABLE
IMPERVIOUS
AREA IN SQ. FT.
LOT 1 38,714 9,679
LOT 2 14,209 3,552
LOT 3 12,846 3,212
LOT 4 12,532 3,133
,LOT 5 12,958 3,240
LOT 6 19,952 4,988
LOT 7 21,477 5,369
.LOT 6 14,661 3,665
LOT 9 15,087 3,772
LOT 10 15,512 3,878
LOT 11 15,938 3,985
LOT 12 16,364 4,091
LOT 13 16,790 4,198
LOT 14 17,215 4,304
LOT 15 17,641 4,410
LOT 16 18,067 4,517
LOT 17 18,492 4,623
LOT18 18,918 4,730
LOT 19 19,344 4,836
LOT 20 19,770 4,943
LOT 21 20,195 5,049
LOT 22 20,621 5,155
LOT 23 21,047 5,262
LOT 24 21,473 5,368
LOT 25 28,095 7,024
LOT 26 27,449 6,862
LOT 27 22,963 5,741
LOT 28 23,388 5,847
LOT 29 23,814 5,954
LOT 30 24,240 6,060
LOT 31 24,665 6,166
LOT 32 25,002 6,251
LOT 33 25,389 6,347
LOT 34 14,892 3,723
LOT 35 13,830 3,458
LOT 36 14,026 3,507
LOT 37 14,222 3,556
LOT 38 14,418 3,605
LOT 39 14,562 3,641
LOT 40 14,655 3,664
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