20050834 Ver 1_Complete File_20051005

r
OF W ATF9 Michael F. Easley, Governor
?O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> -? Alan W. Klimek, P.E., Director
C1 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 5, 2005
Dan e ?f?kosgwffl
c
/o Thhe Willows Development, Corp. ?------0111)
311-8A Judges Road
Wilmington, NC 28405 OCT 1 1
SUBJECT: A N ?vATER QUALITY
pp? AAb?1Tb >K lity Certification
and Additional Conditions
The Willows Subdivision
DWQ Project # 050834
Brunswick County
Dear Mr. Hilla:
You have our approval, in accordance with the attached conditions (WQC # 3402) to conduct the
following activity located in the proposed Willows Subdivision located in Leland, Brunswick County.
This approval allows you to:
1. Fill 0.42 acre of 404/401 wetlands for road crossings and driveway fill in the proposed Willows
Subdivision and includes the slopes for the fill.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) after-the-fact application received as complete by the Division of Water Quality
(DWQ) in the Wilmington Regional Office on May 18, 2005 and additional information received on
August 25, 2005 and October 4, 2005. After reviewing your application, we have determined that
General Water Quality Certification Number 3402 covers this activity. This Certification can also be
found on line at: htip://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3402) allows you to
use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be
additional Federal, State or Local regulations applicable to your project, such as (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES
Stormwater and Coastal Stormwater. In addition, this approval will expire when the accompanying
404 Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification
and the additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NofthCarolina
Naturally
Page Two
Dan Hilla
c/o The Willows Development, Corp.
DWQ Project # 050834
October 5, 2005
1. 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 Notice
Application. 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;
2. The conservation language needs to include the authority of the 401 section of
the Division of Water Quality (DWQ) towards regulating additional wetland
impacts without authorization. The conservation language must be in place
within 30 days of the issuance of this permit by DWQ or the USACE whichever
is later. A copy of the recorded conservation language shall be sent to this office.
4. 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 this office and a copy to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Please notify this Office at the number listed below if any problem arises during the
construction of the project that may affect water quality.
Please read General Certification # 3402. 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. To ask for a hearing, send a written petition conforming'
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 #050834 under Section 401 of the
Clean Water Act. If you have any questions, please telephone Joanne Steenhuis or Ed Beck at
910-796-7215.
Sincer
Alan W. Klimek, RE., Director
Division of Water Quality
Attachments: GC # 3402
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Tom Farrell
401 Oversight/Express Review Permitting Unit - Ian McMillan
Southern Environmental Group - Dana Lutheran
WiRO
10/04/2005 13:26 9104522899 SEGI PAGE 01/17
r
50utkern Environmental Grow Inc.
rInvironmental, Development & Conservation Advisors
Fax Cover's6ect
C0311
Date. October 4, 2005 v
To: Joanne Steenhuis Fax Number: 910.350.2004
Re: The Willows
Pages: 16, including cover
SEGi Project #: 04-010.01
® Urgent_ © For your review / records wD Please comment_ _D Please reply / call D?Complete and return
Comment(
Joanne, ..
As we discussed earlier. I am faxing you the profile drawings and first page of the PCN. Let me know if there is
anything further you need from me.
Dan
C T 0 4 2005
5r-Gi
5315 South Cilege Road, Suite r;
Wilmington, North Carolina 28412
www.,c j.U V
po[Nowpq
O C T 0 7 2005
DENR-WATER QUALITY
WETLANDS AND STO MWATER BRANCH
rrom t6c desk of:
Dana A- Lutheran
910.11;LX91 t (office)
910.4522x99 (Fa.)
910.22B.16-1-1 (ccU)
NOTICE
This message is intended only for the use of the individual or entity to which it is addressed. This document may contain information that
is privileged, confidential, and exempt from dicclostuv under applicable law. If the reader of this message is not the intended recipient or
the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that anv dissemination,
distribution, or copying of this document or the information contained within this document is strictly prohibited. 1£ you have received this
communication in error, please notify us immediately by telephone and/or e-mail and darn destroy the ori&al communication i n an
effective shredder or return the original communication to us at the above address. Please call if the communication is illegible or
inc JnFlele.
10x'04/2005 13:26 9104522899 SEGI PAGE 02/17
,
Off ce Use Oaly: , Form Version May 2002
r. _
USACE Action ID No. DV
(If any particular item is not applicable to this project, pleas
Processing
I . Check all of the approval(s) requested for this pi
N Section 404 Permit ? i
? Section 10 Permit ?
N 401 Water Quality Certification

2. Nationwide, Regional or General Permit NumbersTxwqu
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 Wetlands Restoration Program (NCWRP) is
proposed for mitigation of impacts (verify availability with NCWRP prior to
submittal of PCN), 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), cheep here: 'N
H. Applicant Information
I . Owner/Applicant Information .
Name: ]he Willows Development, Corp.
Attn: Dan Hilla
Mailing: 311-8A Judges Roads
Wilmington, NC 28405
Telephone: [phone]
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: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc
Mailing Address: 5315 S. College Jtd. Suite E
Wikaington. North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutlweran?':segi.u,
10/04/2005 13:26 9104522399 SEGI
10/04/20051TUB 12:05 FAI 910 343 9504 Norris, luske, Tunstall
PAGE 03/17
0002/016
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0 C T 0 4 2005
OVERALL PLAN BY:
SGALE: 1" . 400'
FM I" Mid
0 400 800 1200
arAWrM.L WETLAND IMPACT The Willows Subdivision
on nwo rm OVERALL PLAN Leland. North Carolina W1
SHEET
w•m ;:%=
w-.W PROJECT NO. : 04226 DATE: 8/15/05
10!0412005 13:26 9104522899 SEGI
10I04Ito05 `1'UE 12:05 FAI 910 343 9604 Norris, Buske, Tunstall
PLAN OF CROSSING
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X x x
SCALE: 1' . 30'
0 3p 60 90
WETLAND IMPACT The Willows Subdivision
WETLAND CROSSING NUMBER 1 Leland, North Carofina W2
SHEET 1 OF 2
PROJECT NO. : 04226 DATE- 8/15f05
10/04/2005, 13:26 9104522899 SEGI
10/04/2005 TUE 12;05 FAX [phone] Norris, Kuske, Tunstall
PROPOSED 12"
RCP CULVERT
t
PROPOSED
CULVERT::-
50.0' 50.0' RIGHT OF WAY
48' WIDE IMPACT
PROPOSED
GRADE SIDEWALK -
PROPOSED
ROAD
3
SANITARY
SEWEA
An
?WATERIVIAIN
i
CROSS SECTION OF ROAD
PROPOSED
GRADE
EXISi1Ni
GRADE
UTILITIES
PAGE 05/17
9004/019
PROPOSED!
GRADE
0 C T U 4 2Q05
PROFILE OF ROAD
SCALE. 1" 10'
0 10 20 30
'
mommemrsm" a '! '"W m WETLAND IMPACT The Willows Subdivision
ulamm mmm WETLAND CROSSING NUMBER I Lelond, North Carolina
SHEET 2 Of 2
nag °"`,CH.'"" PROJECT NO. : 04226 DATE: 8/15/05
10/04/2005 13:26 9104522899 SEGI
ID/04/2005 TUE 12:06 FAI 910 343 9604 Norris, Buske, Tanstall
PA, GE 06/ 17
005%016 `
x . ?..:'
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U 4
PLAN' OF CROSSING BY: CT 2005
SCALE: 1"=30'
0 30 80 90
WETLAND IMPACT The Willows Subdivision
an mum swm WETLAND CROSSING NUMBER 2 Leland, North -Carolina W4
Atw ? p x SHEET 1 OF 2
nX 6016 PROJECT NO. : 04226 OAT-E: 9/1.5/05
10/04/2005 13:26 9104522899 SEMI
10/04/2005 TUB 12:06 FAI 910 343 9604 Norris, Kuske, Testall
PAGE 07/17
8006/016
50.0' RIGHT OF ' WAY

EXIS NG GRADE
1f
PROPOSED
CULVERT i

46' WIDE IMPACT
PROPOSED
SIDEWALK -
F PROPOSED
ROAD

1-WATERMAIN
1
SANITARY SEWER
' PROPOSED
-? GRADE
I
-r -
i
CROSS SECTION OF ROAD
PROPOSED
GRADE ----
PROPOSED 15'
EXISTING RCP CULVERT
GRADE -----rte - i
UTIUT1ES -?
PROFILE OF ROAD
77CEIVED
U C T 0 4 2005
BY:
SCALE: 1' -10'
0 10 20 30
WETLAND IMPACT The Willows Subdivision
ammm"m Pa ovum ma" WETLAND CROSSING NUMBER 2 Leland. North Carolina W5
mmmmcm AL " aL? SHEET 2 OF 2
nmm,00" 0' PROJECT NO. : 04226 DATE: 8/15/05
10104,2005 13:26 9104522899 SEGI
10/04/2005 TOE 12:06 FAI 910 343 9604 Norris, luske, Tunstall
PAGE 08/17
9007%016
72
VERT = 19.80 - „l
I.Cr
x t ?. j x 1't T`? INVERT 9.90
4 -73
23
RECEIVE
Q C T U 4 2005
PLAN OF CROSS(N By.
SCALE: I"= 30'
0 30 60 90
ammw-A{- WETLAND IMPACT The Willows Subdivision
MOM sm mmmmmwm
m % WETLAND CROSSING NUMBER 3 Leland, North Carolina
summom rums W. SHEET I OF wow mw
PROJECT NO. : 04226 DATE: 8/15/05
10/04/2005, 13:26 9104522899 SEGI
10/04/2005 TUB 12:07 FAI 910 343 9601 Norris, Kuske, Tunstall
PAGE 09/17
@008/016
60.0' RIGHT OF WAY
52,0' WIDE IMPACT
I
PROPOSED
(STING GRADE SIDEWALK
-PROPOSED
ROAD
3 PROPOSED
1 i "11 GRACE
PROPOSED 1
CI LVER7 W?4TERMAIN ;
SANITARY
SEWER
CROSS SECTION OF ROAD
PROPOSED
GRADE
EXIS7IN,
GRADE
UTILITIES
PROPOSED 18"
RCP CULVERT
1 .4
OCT U 4 200
5
PROFILE OF ROAD
SCALE: 1" m 10'
pm maw
0 10 20 30
?'°mm aTUNT"-W WETLAND IMPACT The Willows Subdivision
WETLAND CROSSING NUMBER 3 Leland, North Carolina W7
UNIM anon 194110"K on "ON
SWEET 2 OF 2
p"m J43-69W
g
in Ito PROJECT NO. : 04226 DATE: 8/15/05
10/04/2005 13:26 9104522899 SEGI
10/04/2005 TO 12:07 FAI 910 343 9604 Norris, Kuske, Tunstall
PAGE 10117
• ? 000%016 '
-? _moos,-_ _ rI -!_'-• ANTI-SEES
COLLAR
- _ 69
70
• - - - - . - • - - 71
7?4 - . . . 72
73
STORMDRAIN CROSSING
OCTO -„-1:!
4 2005
anmmm&
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w-,ew
WETLAND IMPACT
STORMORAIN CROSSING PLAN
SHEET i
SCALE; 1"= 5o'
0 50 100 150
The Willows Subdivision W8
Leland. North Carolina
PROJECT NO. : 04226 OA7'E: 8/15/05
10104/2005, 13:26 9104522899 SEGI
10/04/2005 TUE 12:07 FAI 910 343 9604 Norris, lusko, Tanstall
PAGE 11117
b10/016

c

I ---- 36° RCP STORMDRAIN LINE
I ,-- CLASS B CONCRETE OR
COMPACTED CLAY
8 CONCRETE OR
kCTED CLAY
0 C T 0 4 2005
Y:
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WETLAND IMPACT The Willows Subdivision
STORMDRAIN CROSSING PLAN Leland, North Carolina
ANTI-SEEP COLLAR DETAIL
W9
PROJECT NO. : 04226 DATE: 8/15/05
. SECTION
PLAN
ANTI--SEEP COLLAR DETAIL
NO SCALE
10/04/2005 13:26 9104522899 SEGI
10/04/2005 TUB 12:07 FAI 610 343 9604 Norris, Kuske, Tunstall
PAGE 12/17
? 011/016
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BY OC j 0 4 2005
:
PLAN OF FILL AREA
SCALE: 1'- 30'
Fm -im
0 30 60 90
margm WETLAND IMPACT The Willows Subdivision
.m„ s mm WEILAND FlLL AREA V Leland, North Carolina W10
AL
PROJECT NO. : 04226 DATE: 8/15/05
10/04/2005[• 13:26 9104522899 SEGI
10/04/2005 TUE 12:08 FAI 910 343 9904 Norris, Euske, Tuastall
PAGE 13/17
9012/016
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323.8'---- ------ -""?-

PLAN OF FILE. AREA
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WETLAND FILL AREA #2
7OCCEIV-III
T U 4 2005
BY:
SCALE: I"- So'
0 50 100 150
The Willows Subdivision 1
Leland[ North Carolina
PROJECT NO. : 04226 DAIS: 8/15/05
10/04/2005 13:26 9104522899 SEGI
10/04/2005 TUE 12:08 EAI 910 343 9604 Norris, Kuske, Tmstall
PAGE 14/17
4013/016
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0
N
r AREA TO BE FILLED. SEE
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X i' V =L
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PLAN OF FILL AREA
OONK&UM 41MS01R SM
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WETLAND IMPACT
WETLAND FILL AREA 13
rti
x
X
7RE CEIVED
T U 4 2005
BY:
SCALE. 1"= 3Q,
0 30 60 90
l
The Willows Subdivision W12
Leland. North Carolina
PROJECT NO. : 04226 DATE: 8/15/05
10f04i2005 13:26 9104522899 SEGI
10/04/2005 TUE 12:08 FAI 910 343 9904 Norris, Kuske, Tunstall
PAGE 15/17
X10141016
-EXISTING GRADE
36.5' IMPACT

AREA
211
FUZD
?ATEAMAlN _SANITAR.. --._............_?_?
"'SEWER_
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• w• w?_??r w r -??
ROADWAY SECTION WETLAND FILL AREA #3
60.0' RIGHT OF WAY
24.6' IMPACT AREA EXISTING GRADE -
PROPOSED ROADWAY
-._ _. ._.._ _ _ ____ .._.__........w _ -r..-
CUT/FIL.L _ Af2EA _....... __.,......._. ---0 .-=- ..--- 4-- SANITARY
I WETLAND AREA ' _... .M_. _ .__?_..__..,._.WATERMAIN
ROADWAY SECTION WETLAND FILL AREA #2 [?_`
o 60.0' RIGHT OF WAY

_. r
12.5' EXISTING GRADE
ETLAND IMPACT
PROPOSED ROADWAY
LAND AR
_.., _WATERMAW
0
N
0
ROADWAY SECTION WETLAND FILL AREA #1 SCALE: V=10'

0 10 20 30
WETLAND IMPACT The Willows Subdivision
WETLAND FILL AREAS
Leland. North Carolina
w13
cmo
ema.?
O ROADWAY SECTIONS
L cm one "fma-ew
n
A
a
PROJECT NO. : 0422,6 DATE:
8/15/05
10/04/2005 13:26 9104522899 SEGI
10/04/2005 TUE 12:09 FAI 910 343 9604 Norris, Kuske, Tunstall
74 17
76 SITE 74 0 Ci
76
U7 /
VICINI'T'Y MAP
NIS
P,kGE 16/17
1015/016

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. . . . . . . . . . . . . . . . . . . --`.
. . . . . . . . . . . . . . .
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. •U,T. .
. . _ . _ ..
RECEIVED
-- O C T 0 4 2005
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000 s"MULL V'VERAND IMPACT The Willows Subdivision
film +?'M wow OVERALL PLMW Leland, North Carolina W14 SCALE: 1" = 400' ? m
uu.IvloK ra s.+ SHEET 1 maple sN-ow 4pp 900 1200 c
PROJECT NO. ; 04226 DAM 8/15/05 0
tew,KdO,I?mel ?-- ~'
SEGO
15outkern F nvironmentaGrou P, Inc.
Environmental, Development and Conservation Advisors
www.segi.us
Letter oF Qencc{
I. :1)0.n.. Pk 110--
k ereby grant
Southern I_nvironmental Group, Inc., (5 ff Gi) the right to represent
Ynys4J in matters regarding environmental consulting
services and real property owned by d?'r
in {iun:?-> 1 t-- Count Counties, iA
throngh the
date of :2LQd'V'-16q"e 200 5/ (Sure)
, .
Land Qwner/ Agent
Date
3973 l) Market Street • Wilmin'Pton, North Carolina 28403
910.254.O602 • Fax: .9 10-25+-04503 • [e-mail]
5outklern Environmental Grou P, Inc.
5315 South College Road • Wilmington, North Carolina 28+12
910.452.271 1 • Fax: [phone] • [e-mail]
Octoher 4, 2005
Hand Delivery
Thomas Farrell
U•5• Army Corps of Engineers Wilmington District
Regulatory Division
P.O. F)ox 1 890
Wilmington, NC 28402
RE: The Willows Deed Language
Dear Mr. Farrell,
Please find the attached Declaration of Covenants Conditions and .Restrictions for the
Willows. Please contact me ifyou should have any questions orconcerns.
Sincerely,
Dana Lutheran
cc: Joanne Steenhuis
Enclosures (1)

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR THE WILLOWS
This Declaration, Made the _ day of , 2005, by Willows Development Corporation,
hereinafter referred to as "Declarant" or "Developer for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Brunswick County, North
Carolina, known as THE WILLOWS, as shown on a plat recorded in the Office of the Register
of Deeds of Brunswick County, North Carolina, in Map Book , Page , to which
maps reference is made for a more particular description (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 The Willows 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.
RECEIVED
OCT 0 4 2005
BY:
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 (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 Willows Development Corporation, 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 The Willows, (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,

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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. Lot(s) 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 #
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.
SECTION 23. Townhouse or Townhome shall mean the dwelling located on a Lot within
any Townhome Development.
SECTION 24. Townhome Development shall mean any Townhome project within the
Planned Community.
ARTICLE H.
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, swails 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 stormwater 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 111.
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 B. Class B Members shall be Owners of Lots in Town homes at The Willows.
Class C. The Declarant shall be a Class C Member.
SECTION 4. Voting Rights. The voting rights of each class of membership shall be as
follows:
(a) The Class A and B 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 C 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 C Membership by the holder thereof.
The period during which there is Class C Membership is sometimes referred to herein as
the "Declarant Control Period". If the Declarant loses Class C Membership, it
shall re-acquire Class C 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 replage 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, stormwater 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 stormwater facilities and the Stormwater 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
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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. Townhouse Insurance. Commencing not later than the time of the first
conveyance of a Lot within any Townhouse Development to a Person that is not a Declarant, it
shall be the duty of the Association to maintain in effect casualty and liability insurance covering
the Townhouses and Townhouse Development as follows, to the extent it is reasonably available:
(a) Amount and Scope of Insurance. All insurance policies necessary or desirable upon
any Townhouses and Townhouse Development (except personal property within a Townhome)
shall be secured by the Board of Directors, or its designee, on behalf of the Association. Such
insurance shall at a minimum cover against (1) loss or damage by fire or other hazards normally,
insured against in an amount after application of any deductibles of not less than 80 percent of
the replacement cost of the insured property at the time the insurance is purchased and at each
renewal date exclusive of land excavation, foundations and other items normally excluded from
property policies, and (2) general liability insurance for each Lot, with limits of at least
$1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a
single occurrence.
(b) Insurance Provisions. The Board of Directors shall make diligent efforts to insure that
the insurance policies required by this section provide for the following:
(1) a waiver of subornation by the insurer as to any claims against the
Association, any officer, director, agent or employee of the Association, the Lot
Owners and their employees, agents, tenants and invitees;
(2) a waiver by the insurer of its right to repair and reconstruct instead of
paying cash;
(3) coverage may not be canceled or substantially modified (including
cancellation for nonpayment of premium) without at least thirty days prior written
notice to the named insured and all mortgagees;
(4) coverage will not be prejudiced by act or neglect of the Lot Owners when
said act or neglect is not within the control of the Association or by any failure of
the Association to comply with any warranty or condition regarding any portion of
the Planned Community over which the Association has no control.
(5) the master policy on the Planned Community cannot be canceled,
invalidated or suspended on account of the conduct of any one or more individual
Lot Owners;
(6) the master policy on the Planned Community cannot be canceled,
invalidated or suspended on account of the conduct of any officer or employee of
the Board of Directors without prior demand in writing that the Board of Directors
cure the defect and the allowance of a reasonable time thereafter within which the
defect may be cured;
(7) each Lot Owner is an insured person under the policy to the extent of the
Lot Owner's insurable interest;
(8) if at the time of a loss under the policy, there is other insurance in the
name of a Lot Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
(c) Premiums. All premiums on the insurance policies required by this section and any
deductibles payable by the Association upon loss shall be a Common Expense paid by the class
of Members to which it applies;
(d) Proceeds. All insurance policies purchased pursuant to these provisions shall provide
that all proceeds thereof shall be payable to the Board as insurance trustee or to such
attorney-at-law or institution with trust powers as may be approved by the Board of Directors
who shall hold any such insurance proceeds in trust for Lot Owners within the Townhouse
Development and lien holders as their interest may appear;
(e) Policies. All insurance policies purchased by the Board of Directors shall be with a
company or companies permitted to do business in the State of North Carolina and holding a
rating of "A" or better by the current issue of Best's Insurance Reports. All insurance policies
shall be written for the benefit of the Board of Directors and the Townhouse Development Lot
Owners and their mortgagees as their respective interests may appear, and shall provide that all
proceeds thereof shall be payable to the Board of Directors and duplicates of said policies and
endorsements and all renewals thereof, or certificates thereof, together with proof of payment of
premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration- - date
with respect to the then current policies. Duplicates shall also be obtained and issued by the
Association to each mortgagee, if any, upon request of such mortgagee;
(f) Individual Policies. If the Association shall determine that it would be more
economically feasible in lieu of the Association maintaining a master policy for the Members
within a Townhouse Development to purchase insurance policies covering each Lot and Lot
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Owner individually, then upon the assent of 67 percent of the Members voting as a class (which
votes may be cast in person or by proxy) who are eligible to vote at a meeting duly called for
such purpose, the insurance coverage for the Townhomes may be turned over to the Lot Owners
to purchase individual policies under such terms and conditions as the Association may
prescribe. If the responsibility for maintaining the insurance coverage on the Townhouses is
turned over to the individual Lot Owners under the provisions of this paragraph, then the
Association shall be named as additional insured on each policy, each Lot shall be insured for its
full replacement value, and the provisions of this Section shall be modified accordingly;
(g) Distribution of Insurance Proceeds. Subject to the provisions of Section 47F-3-113(g)
of the Act, the proceeds of insurance policies maintained by the Association pursuant to this
section shall be distributed to or for the benefit of the beneficial owners in the following manner:
(1) all reasonable expenses of the insurance trustee shall be first paid or provision
may therefor;
(2) the remaining proceeds shall be used to defray the cost of repairs for the damage
or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying
such cost shall be distributed to the beneficial owners, including lien holders of record, or
retained by the Association for such common expenses or purposes as the Board shall
determine.
SECTION 2. Individual Home Insurance. All Owners not within a Townhouse
Development shall purchase at their individual expense individual policies covering each Lot and
Lot Owner individually.
SECTION 3. 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 coverage(s)
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.
PARTY WALLS - TOWNHOUSES
SECTION 1. General Rules of Law to Apply. Each wall which is built as a part of the
original construction of any Townhomes and placed on the dividing line between Lots shall
constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the
general rules of law in North Carolina regarding party walls and of liability for property damage
due to negligence or willful acts or omissions shall apply thereto.
SECTION 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
SECTION 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the
other Owners thereafter make use of the wall, they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice, however, to the right of any such Owners to
call for a larger contribution from the others under any rule of law regarding liability for
negligent or willful acts or omission.
SECTION 4. Weatherproofing. Notwithstanding any other provision of this Article, an
Owner who by his negligent or willful act caused the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protection against such element.
SECTION 5. Right to Contribute Runs with Lad. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
owner's successors in title.
SECTION 6. Arbitration. In the event of any dispute arising concerning a party wall, or
under the provisions of this arbitrators shall choose one additional arbitrator, and the decisions
shall be by a majority of all the arbitrators.
ARTICLE VI.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessment. 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;
C. Special Assessments;
D. Insurance Assessments;
E. Ad Valorem Tax Assessments; and
F. 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 (%) 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 riot 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-3-1 02, 4717-3-107, 47F-3-1
07.1 and 47F-3-1 15 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
(1) 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 on 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
footage 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, stornwater
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
Declarant's 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 footage of enclosed, heated dwelling area:
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. 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-Lip 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.
I. Shallow wells for the purpose of watering lawns and not for potable water supply are
permitted. Such wells and pump houses must be located no closer to the front lot line than the
front of the residence constructed on the Lot and the exact location is subject to the approval of
the Architectural Control Committee.
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
anytime, 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.
1. 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. Lease. 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. Tree. 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.
STORMWATER PERMITIFACILITIES
SECTION 1. Stormwater Permit. The Association and each of its Members agree that at
anytime after (I) all work required under the Stormwater Permit has been completed (other than
operation and maintenance activities), and (ii) the Developer is not prohibited under DENR
regulations from transferring the Stormwater 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
Stormwater Permit to be transferred to the Association; provided, however, that at the time the
Developer requests that the Association accept transfer of the Stormwater 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 stormwater 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 Stormwater 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 stormwater facilities
covered by the Stormwater Permit.
SECTION 2. Stormwater Facilities 0 & M. Any stormwater 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 0 & M shall include, but not be limited to, compliance with
all of the terms and obtaining any renewals of the Stormwater 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 Stormwater Permit for operation and maintenance of the
stormwater retention ponds and related facilities.
SECTION 3. 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 stormwater 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 stormwater 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 stormwater 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 4. Enforcement Of Storm Water Runoff Regulations.
A. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division of Water
Quality under NCAC 2H.1000.
B. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
D. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of water Quality.
E. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per Lot is as follows (this data is shown on
the above referenced plat plus lots for which the Declarant has an approved stormwater plan but
which Declarant is under no obligation to subdivide or develop in any particular fashion or for
any particular use):
Lot Number Allowable Impervious (sf)
1-190 3500
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. Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated
with the development except for average driveway crossings, is strictly prohibited by any person.
H. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters
I. All roof drains shall terminate at least 30' from the mean high water mark of surface
waters
J. Filling in piping or altering any designated 5:1 curb outlet swale associated with the
development is prohibited by any persons.
K. This project proposes a curb outlet system. Each designated curb outlet swale shown
on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes
or flatter, have a longitudinal slope no steeper than 5% carry the flow from a 10 year storm in a
non erosive manner, and maintain a dense vegetated cover.
ARTICLE X
CONSERVATION OF MITIGATION AREAS
Section 1. Recitals & Conservation Purposes
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately acres, more particularly described in Exhibit A
attached hereto and by this reference incorporated herein [reference to a recorded map showing a
survey of the preserved area may be required; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or development of
the Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its natural condition. The preservation of the Property in its natural condition is a
condition of Department of the Army permit Action ID 200200709 issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the
United States authorized by that permit, and this Conservation Declaration may therefore be
enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and conditions as
set out herein, to run with the subject real property and be binding on all parties that have or shall
have any right, title, or interest in said property.
Section 2. Prohibited and Restricted Activities
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.
A. . Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or_placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility
on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property.
G. Signage. No signs shall be permitted on or over the Property, except the posting of
no trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs identifying
the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
1. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals
or other materials, and no change in the topography of the land in any manner on the Property,
except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or
biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
Section 3. Enforcement & Remedies
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the United States of America, U.S. Army Corps of
Engineers, Wilmington District, and therefore may be enforced by the United States of America.
This covenant is to run with the land and shall be binding on all parties and all persons claiming
under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right,
with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarants representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle
Corps to bring any action against Declarant for any injury or change in the Conservation Property
caused by third parties, resulting from causes beyond the Declarants control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith
by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to
life, damage to Property or harm to the Property resulting from such causes.
Section 4. Public Access
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
Section 5. Documentation and Title
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any existing
utility lines, Declarations and rights of way.
B. The Declarant covenants and represents that the Declarant is the sole owner and
is seized of the Property in fee simple and has good right to make. the herein Declaration; that
there is legal access to the Property, that the Property is free and clear of any and all
encumbrances, except Declarations of record.
Section 6. Miscellaneous
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Declaration, and the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, shall not be affected thereby.
C. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Property described herein is and at all times hereafter will continue to be in full compliance with
all federal, state and local environmental laws and regulations, and (b) as of the date hereof there
are no hazardous materials, substances, wastes, or environmentally regulated substances
(including, without limitation, any materials containing asbestos) located on, in or under the
Property or used in connection therewith, and that there is no environmental condition existing
on the Property that may prohibit or impede use of the Property for the purposes set forth in the
Recitals.
ARTICLE XI
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 ala 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,
alter 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 act or 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.
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 XII.
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.
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. Notwithstanding the foregoing, no provisions of Article
IX and Article X can be amended without the express written consent of the North Carolina
Department of Environment and Natural Resources and no provision of Article X can be
amended without the express written consent of the US Army Corps of Engineers, Wilmington
District.
Willows Development Corporation
BY:
STATE OF NORTH CAROLINA
COUNTY OF
I, the undersigned notary public hereby certify that President of Willows
Development Corporation personally appeared before me and with the authority duly given and
as the act of the corporation acknowledged the due execution of the foregoing instrument.
Witness my hand and seal this - day of October, 2005.
My Commission Expires:
Notary Public
XAWi11owsmaster.wpd
Soutkern environmental Group) Inc.
5515 5• College KJ. Suite E- Wilmington, Nortk Carolina 2841 2
910.452.27 1 1 • Fax: 910.x-52.2899
www.segws
August 24, 2005
Hand Delivery
Mrs. Joanne Steenhuis
NC DENR DWQ - Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Dan Hilla
The Willows Formerly Leland 100 Acres (DWQ Project # 050834)
Change of Ownership & Additional Information Response
Dear Joanne,

First, we would like to inform you that there has been a change in ownership of the property
formerly referred to as "Ed Burnett's, Leland 100 Acres". The property has been purchased by
Dan Hilla, and all permits should be written in the name of Willows Development Corporation.
The name of the project has changed to "The Willows".
Second, we would like to submit the following information, which was requested in your letter
dated 3 June 2005:
1. Copy of signed Jurisdictional Determination by the US Army Corps of Engineers
2. Profile drawings of the wetland impacts
3. DRAFT language
In addition to this documentation, we are including the Letter of Agency authorizing Southern
Environmental Group, Inc. as representatives for Dan Hilla in matters concerning any and all
State and Federal Regulatory proceedings.
[e-mail]
SEGi. Project # 04-010.02
At this time we are requesting your acceptance of the attached information and processing of the
Pre-Construction Notification application. Thank you in advance for you prompt attention to this
SEGO
matter. If you should have any questions or comments, please fell free to contact me at
910.452.2711.
Sincerely,
Dana Lutheran
Cc: Ms. Cynthia Karoly
Enclosures (4)
- -I.J
. ............... LPUYS or vETLma STUtf
KDVTY LK ("JPIlfS IROR RIPS NO =-C' :lrhED'
1
V

•` tic
WETLAND AREA 1. 15.57 ACRES
WETLAND AREA 2• B,45 ACRES
WETLAND AREA D= 13.67 ACRES
WETLAND AREA 4. 24.76 ACRES
WETLAND AREA 5. 0.01 ACRES
p AREA_ 6= 1 DJ ACP
W'ENNDS ARG= 640 ACRES
WETLANDS AREA- 64.49 ACRES
UPLANDS AREA- 61.07 ACRES
1'?
a
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ZECULATED P.;=E:ANT TO SECTION 404 OF •»E CLEAN WA-Em
ACT AS DET-Pw'E0 BY THE UNDERSIGNED O'. THIS DATE.
-nS DETER'A:'.A'ON OF SECTION 404 MAY BE ?ELIEO UPO.'.
-OR A PER,OD a0T TO EXCEED 5 YEARS FRO:' '.HIS DATE.
-•+IS DETERMI1VA80N WAS MADE L"':!ZING THE 1987 COPaS
OF ENGINEERS WE7ZAND OE-, '.Z;' 0'. MANUAL.
??-3 I ?- aZcsv?
SIGNED GATE
/ ?N
LOCATION LEAP
NOT TO SCALE
MAP
OF
WETLANDS SURVEY
FOR
DEVELOPMENT CO., LLC
TOWN OF LELAND BRUNSWICK COUNTY
NORTH CAROLINA FEBRUARY 14, 2003
Soo 0 Mo 400 600
Scale 1" = 200' K CAA
20 ?FE651a. N'
4, :EAL Vr
L•irA3
SHERWIN D. CRISS IP co
N.C.PROFESSIONAL LAND SURVEYO ?F
1144 SHIPYARD BLVD. aJ,„tio•C
WILLIINCTON,NC 28412
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'MDTLAND AREA 5
k'M?A 04[7611 103755[1
15127511 M on 15S" N ' 116e
4511-4510 M 1621'11" E 3207
453.4519 s 254 4'17- t > 1165
199-315 S 1757'11" N 1740-
313-4312 M 611';5' 1 .;150
KTLA1.0 ARE A 5. 001 ACRES
- I
1165.4164 S 4732'19° ( 3637'
1164-1163 S 1r10'IS" • 136 is'
6U-tl52 5 JSN IS' w x45'
R-1111
.1 51647'01 E 17.76'
. 6117110 5 6631'06' E 299'
4:90-4179 N 3110- f 9173'
+!'"176 N 7117 9' E 672'
.1'0-4177
611'9 f
W:]
85
4117-4176 N F39I E 4.6
41]"175 S 16551 F 41 W2
.1""174 515-337 r 613'
av-073 530424 E
' 74.6'
." 3-1112
1171.1129 23'55'27' E
-f
X571`9'40 E 61 .0
6661
1171-.1+C 5 5T4140' E 5531'
1173-es-S'-T48u f 4347
361.4;&5 r. 'nYle f 311
361-.'r 5 33'379 E qn'
4167-11Ef -5 7-1x5, E 1151
46-40 'S 72151 1 397
/165-.16 51.0034 E 37069
116-.163 -5 627_ E 336'
4163-4161 N 671 1 E 11.11
sr49rnul r n3' 7v 1 s S-14EDU E OF CALLS
SCHmuf OF CALLS SCHEDULE OF CALLS
urn ANO AREA 4
Jog DI0N 03=7979'2
/771-1110 1% 7'71' W 1272'
320-4 s 7602 J7 W 4321'
4!19-4]16 S 162930" r 4590'
4116-4311 S CS55 9" E 3?'
417-31$ S CT17'05" E 59(6'
311-4315 s 57479 r 4&.9
4315-1714 51f11'S6'N 4557'
311-311 51030' r 2256-
43 177312 S NCO r 4166'
312-4311 S26954 r 29 92
1311-4310 s 574705 W 7906
310-4300 S 671 3 r 4.19'
139-.306 N 75-1 42 N 3196
4367301 N 70070 W 3505'
4.-.77901 N C4'4719" Y 3215'
437"!06 N 163603" IN 30 31'
4,5'5.4x4 "2C'1 r 3058'
3C4-43C3 S 5311'6" W 29.31
435-43C2 S 5C14'55" V .167
1377301 S3T05'35E 363'
4301.4300 S C6'15'J1 W 9.94
433-4291 5 2643 N E 41.27'
4259-4746 s2r48' :9E 3531
4295-4291 S CP54'x E 12,71
S ITM3e W 31 6'
N S 3255'50- E 3476'
S 110911 E 7917
0.P. 3767
4294-4512 R- 1650.72
N 71'2171" W CnD90
67767'
317-4511 N 195940 W 4&.8'
4511-45'0 X80205W 365 '
4510.4509 N 0031'33" W 3647 '
4509.4506 N 171343' W 5656
4530-4507 497927'- 9,4
4507-4575 N 061023' N 3C.'-2'
4506.1505 N 5173 E 2695
4505.455 r 67159' E 3771
41_0"506 T7031'4' F 42.8
4503.159 S 675705' E 1 5 33'
45C77S01 N 71'4636' E 113
301.4590 N 2'2110" N 726'
4' 99 N 67'952 E 2676
44997496 N 555516' E 1157
69!7197 N 648 13" E 351"
691.448 N 175401" E 2100
696746 N J ICW r 3169'
695716
3109" 4 1
187'
51!1'
6947493 S Sf307J' w 269
4493-692 S I!C4'34" Y 915'
6927491 S 67161! w 3.21'
6JI-444 N 74'7343- w 211
690-444 S 11'5046' w 37.21'
69"168 S 51'1311" W 32.4
6x•681 S 49C724 W 30,
661. 50233 E 13.
66.6 770444' W 796
1415-41
484 07
E23 1567
416-433 N 272036- W 20 a'
66.461 N 3604'09' w 2011
670µ61 797657,"W 11.19
31.38 s 613738' W 92
4480-671 N 6004'49- w 2647
679-611 N 5741'42' W 31.01
678-617 S 70' 13'9' w' 2631
4429.676 3 5a36 10- W 323'
676-4475 S 062700" W 6.11
445.4474 S 51'3429• w 24.15
444.4413 N 771730' W x17
4473-79,11 N 7755'16' W 2
671-4471 S 873722 ¦ 217
6717410 S 6911'4 w 216
627.3758
"70-n1 R. 3171.11'
0 56351- W C-m
In 4r
37E9-4117 M 571716" E 1111
1617-4531 S 622TC5 E 1116
1631-4C70 S 620'9' E 369'
4630-4EK S 069'10" E 16..S
1629.1(2S S 1750'33 E 6.67
46287f27 S 3721'03 E 55.1
627-4626 S 501717" E 3913'
1125.4575 s 453644' ( 453
415.1621 S SS49'37" E 912'
1674-1123 S 0021'13 r 30NLW3EN NRMA 545 E

1627-4&11 5 10169" W 11.01'
1622-.621 S 50171 M 49.11
46217620 5Arm5 E S4e1'
46207611 51T4011 E 45.11
1619-1616 S IT3409 W 2911'
1616-4617 S 1016' M 8 60'
4617-4616 5 60x05" W 30.50'
4616-1615 S 11'051 N 3170
315.4614 S 07957" IN 37.40
4114-+et7 52x 'W 37.91
413-7911 S 21'5642 r 3514
1612-311
4&,I-4510 5 01'555' r
S 161444 E 32.39
56Ar
4&10-139 79 56"9'04E 88
3E976x 5 7611.5E 4.70'
16C5-R07 N 56'571 E 4010'
4607-4606 N 170156" E 71.44
4606.16.^5 N 19204 E 4679'
1175-115 N 1055' E 53.11'
309-1637 N 7711 N 9.9Y
460}1602 M 35-4232 E 15.15
4&01-1601 N 4716'DY E :956
1601-4670 N01'522 N 4169'
µ7}4S99 N 01'05 42- N 4259
1599.395 N 161149 M x95
4596-397 tl 5616'3" f 3041'
391-1596 S 39-3 E 3302
346-1595 5 67217 C 3565
4595-456 S 5F'5'01- E 6544'
4%"!9! 579TS'I E 4669'
44&7-4592 S 91'1 E 52.10-
.T92 781
4'7"790
390-1.550 `? E
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16 N 41.67
6'
1194'
03 M 7597
1317781 w v7o
367-1756 01' W
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2! E 36.96
1367561 51 E 41.49
156-1561 C7 r 12.29'
156]-1592 56 N 5917
177591 10' W 5515'
4x1720 3 r 9.11
/YO-4579 N 655721 IN 5227'
3797575 N 26'/3'5" Y 49.09
1575-1577 N 4007'27 E 327
3777516 S 575775 E 1212
157"575 X673029 E 12.17
15757!71 M 53015" E 47.66' 1
371-1573 S 76N'01 N 36.70
4517-4571 76713'27W W 1119'
/5127571 79 5736. w 29 67
/5717570 N 57476 W 1185
4570-4568 N 4715']9 w 21.73
7569-"S N ITII 1 8`8'
45667761 N 51'13'47" E 8656
4261-1260 M 5717'27 E 71.37
4260-4259 X55165 E 3017
1159-1156 N 867/51 E 17.56'
358-4251 N e1R4'5,7" E !922
4757-1758 N TI25'IS E 9111
125"255 5 S6C0'Sr C 45.0
1255-1251 4 33'31 E 391
1251-4253 N 6'07'51 E 5065'
129.1257 S 67936E 4091
1752-4251 N 71CI29 E 5971'
/1517250 N 5911 i9" E S7 8
1250.4249 5 3077 ] f 5961
1149-4715 S 00171 N 7995'
114"741 N 392911 N 2259
47477246 N 757321 W 70.62
424"215 N 74'5r29 W 51.51'
1215726 M 7!3'31 W 16.6
42447247 5 7610 N" 1 1623
42437242 T'534145* 4179
/2427241 5 3645'27 r 15,74'
42417240 S 060615 W 7545
237219 5 314803"E 6.52
23"28 S 4630'22 E 821'
r4235-I237 793 0
2]77321 s 1.133'50 r 7211
301 vN5 2'2 55 6 2471 9Es
SCHEDULE OF CALLS
FOR
WETLANDS SURVEY
FOR
LELAND DEVELOPMENT CO.', LLC
TOWN OF LELAND BRUNSWICK COUNTY
NORTH CAROLINA FEBRUARY 14, 2033
200 0 200 401 sco
Scale I" = 200' CA
i[f2G?.lSYJ((6.1 P
SHERWIN 0, CRIBS 2.1099
N.C.PROFESSIONAL LAND SURVEYOR '99
Q 5,j(
1144 SHI BL
WILMING OPYND25412
910-791-0090 SHEET 2 OF 2
SCHEDULE OF CALLS SCHEDULE OF rJu
SCHEDULE OF CALLS
01mNt
3010.931 S Usi'-IF 9 Y 50616'
ID71-4111 N ICW SJ• 9 317.72
4121770 N 7r37'51 W +691'
4120-4111 N 55121 . !2.55
411"116 kW5102-W 13x'
1115-4117 S 7x32/9' Y 6537'
4117-4111
/11"113

4115-1114 k 17]112- Y
N ' 4567 pS6T

37032' w
.
N 15'x'8 w 7316
41147113 N 174825. s192
4115.4117 w 51'44'72" . Ube'
nlir,n w3Ta'K'1 an'
11117110 w 23- 1 8511
All 'C9 Nd25'S4'r .60.50'
4109-4106 NnJ9x•. 112.73'
4106-4107 N 30564&' W 11919'
4107-106 s snl'm . 3293'
1106.41G N 7770',1 Y 36.'3
416 as w 150555 t s, m'
410" 03 N 7648'14' . 7467
ItN-1102 S ril'Of W 363
41027101 w 5629x9 Y ' 5451'
41 01-4100 N794e'la-¦ 3707'
1100-4099 N 71'30'56' w 3002
4099-1096 N 05-01'21" t .159'
fd6-.U7 w 605W t 11-2
/097-1096 M 65705 ( 4150
496-4161 S 1615'3 [ 1012
TICS-Ilpl N KSII ( 490
/1/77093 N 51'35-! . 4975
"95.4094 79 65'11 ( 2622'
1(94-1763 4175537 I 40
65

/WS-1092
S 6711'26' ( pt
41
4097.4091 S 177137 F .301
1091-1090 S 15-17'10 E 3012'
4000-4x7 5 Ir6 =f ( 2680'
4059765 S 01705E 352
0971012 S 7x1739 f 390
4CE1-+06 S 3!17'11' [ S4 a'
+=ap-1065 s 177711 .
t s4 7e
4"+6-106 N 5511'25- ( 3 u-
61 -'5 -3j 2
wN SS IS
1051-10E7 S 1574&' E K 75
10&2.4061 N 796'4 ( 414/
081-4080 N 13'5x045 . v 4,'
1050-379 N 3710'19 r .21p
3797071 N eJ7el W 486
316-38 N 17570- ( 1711
1011-371 N 67x07'6 t 4111'
047 M 656'57 Y 312
5777-3175 k 6'506 E 56,9'
3773-075 S 215659 E .14
1073-372 5 271736" [ 5644
/0727071 S 1700'17 E 113'
4071-4070 S 0f71'C2 [ 9150'
407D-" S 627'07 W 526'
367051 S 46302 ! 1565
315-367 5 1709pp' [ 61.11'
4067701 5(677'17' [ 4674'
1066-1765 S 064131 (' St 1l
4065-4054
s xcru ( 5549'
1054.4065 S 63609 F 5/37
4015-612 N 27.65 w ,799''
357-5561 M 77165. 4027'
4[617x0 w 165x48• W 697
350-103 w 7613'37- I 55 3'
x2117977 -LA e
wJW(A OWCCn]N 747790.[
1513-311 w [533001- W 5511'
314-451! M 292946 1 36(29
315-1511 M 31]13 w 2117
SCHEDULE OF GaS - SCFEDULE OF CANS
NERANU 37'-A 2
SC IEDIILE OF CANS
Projects
Subject: Projects
From: Joanne Steenhuis <[e-mail]>
Date: Thu, 06 Oct 2005 17:16:59 -0400
To: Ian McMillan <[e-mail]>, Henry Wicker
<[e-mail]>, Doug Huggett <[e-mail]>, "Lillette
M Granade (E-mail)" <[e-mail]>, Tom Farrell
<Thomas.A. [e-mail]. army.mil>
The following projects have received 401 certs:
Leland Subdivision DWQ # 05-0834 Brunswick Permit written 10/5/05 There has been a
change in the ownership, it was Ed Burnett and now it is Dan Hilla new SID name "The
Willows"(Ian this information has been attached to the cert in the courier)
Sandy Ridge DWQ # 05-1682 Pender County written 10/5/05
CAMA projects
Joel Tomaselli DWQ # 051596 Onslow modified his application 10/4/05 and no 401
required
Richard Johnson DWQ # 051828 New Hanover placed on hold 10/6/05 impacts to PNA's (A
DWQ no no)
1 of 1 10/7/2005 8:38 AN
QF WATER Michael F. Easley, Governor
OG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> y Alan W. Klimek, P.E., Director
p -? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 12, 2005
CERTIFIED
7 3418 0923
RETU
RN RECEIPT REQUESTED
I L?
Dan Hilla SEP 1 5 2005
Willow Development Group
311 -8A Judges Road D`N?''.rAT; Q ! 'A I i.'r Wilmington, NC 28405
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
The Willows Subdivision
DWQ Project # 05-0834
Brunswick County
Dear Mr.Hilla:
On May 18, 2005, the Division of Water Quality (DWQ) in the Wilmington Regional
Office (WiRO) received your application dated May 5, 2005 from Central Office to review for
the Division of Water Quality (DWQ) impacts/concerns. Additional information was received
on August 25, 2005. DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application for potential impacts of protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 21-1.0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a draft copy of the preservation language, restrictive covenants, deed
restrictions or deed notifications that will protect the remaining wetlands on the
property from impacts. The draft sent with the additional information package did
not cover this condition.
2. Please provide the plan and profile of the 4 remaining wetland impacts D-G.
3. Please send in a revised first page of the PCN application to show the new owner's
address and contact information.
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 798 -7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
N rthC l'
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper o aro Ina
Naturally
Page Two
Dan Hilla
Willow Development Group
DWQ Project # 050834
September 12, 2005
Please respond in writing within three weeks of the date of this letter by sending a copy
of the information to Joanne Steenhuis and to Ian McMillan, 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn. If you have any questions, please feel free to call meat (910)
796-7215.
Sincerely,
Joanne Steenhuis
/Environmental Specialist III
cc: Ian McMillan - 401 Oversight Unit
Tom Farrell - Corps of Engineers Wilmington
Dana Lutheran - Southern Environmental Group, Inc..
WiRO

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WETLAND AREA 1= 8.45 ACRES
WETLAND AREA 3= 13.67 ACRES
WETLAND AREA 4= 14.76 ACRES
WETLAND AREA 5= 0.01 ACRES
W IL NO AREA 6. 103 ACRES
WELLNDS AREA= 64.49 ACRES
WETLANDS AREA- 64.49 ACRES
UPUNDS AR S

f Z'
- 1,A
61 fli C' if / /I
.-'S PLAT IDE'I- 'ES AS WETLANDS ALL ARE-* OF WETLA,.,--r
^^ULATED P,-E:ANT TO SECTION 404 OF --r CLEAN WA'
*CT AS DETE°v ;ED BY THE UNDERSIGNED DS LAMS DATE.
?'S DETERM'„ -1-N OF SECTION 404 MAY BS PELTED UPDS
?CR A PER,CD AOT TO LxCF.ED 5 YEARS FRO:r 7H1S DA FE.
I'S DETERMINATION WAS MADE L%'!ZtNC TbE 1987 COPPS
OF ENGINEERS WETLAND DEL D'. MANUAL.
SIGNED DATE
LOCATION MAP
NOT TO SCALE
f-= m
DP,@s ?Q
AUG 3 0 2005
DEIRR-WIJERY
VIVW4DS AND STORNffiXTE QUALW BRANCH
h1AP
OF
WETLANDS SURVEY
FOR
DEVELOPMENT CO., LLC
TOWN OF LELAND BRUNSWICK COUNTY
NORTH CAROLINA FEBRUARY 14, 2003
200 a 20a 400 600
-rN
Scale 1° = 200' fe"`AR??*
+0 QFESS
P 7
a SEAL
L ?
L•1 F,3
SHERWIN D. CRIBB N ro
N.C.PROFESSIONAL LAND SURVEYO ?P P
0
1144 SHIPYARD BLVD.
NeMw?
WILMINGTON,NC 18412
910-791-OORO IZWFGT 1 nc P

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LELAND
? t I
AEOF C
N[IMN3 MLA 1'
NUN3r DREL7N44 D67ANCE
g?40:58-3071 S 459'11' N 508.16
943"171 N 4 5353- W 317.22-
T121-4-120 N 2'37'50 W 46.91'
1120-4111 N 57!721 1 72.37
4067-1066 S 062710' E 16834'
4066-1565 S 08493.1' (' 5711
4065-4064 S 159117 [ 3549'
4764-4767 66"3601 [ 5787
476.1-10(7 N 2748sl 1 5{92'
4062-4061 N 371604' 1 6010
4761-4060 N 185746' N 6493'
47643994. N 394532' I 557"
SCHEDULE OF CALLS
4rz14N41 M'r o
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4515.451/ N CT32'Dr a 5134'
451 K51! N 277946 ( 34[E'
1515.1516 N 77'1140 r 1643'
451'-1517 N x7425 [ 5036
SCFb)ULE OF CALLS
SCHEDULE OF CALLS
nfnNm AREA 5
MUa:R Q9,EC(ON 105'18[!
4542_3511 W 081131° [ 11464
/wHSW N e6H'11" 4
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151]-/2'2 .671725"1 .3457
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SCHEDULE OF CA1:S . .. SCHEDULE CF. L-15
cf!l, 2569' rr PpI s SCHbx" OF CALLS
SCHEDULE OF CALLS SGIEDU? F CALLS
ert11ua7 axon ,
N193fA gRECTgI 112'
4721-I.VO S 0'19!1' W 35_32'
/72D-1.719 67430279" 1121'
1719-1716 5 1629 JO' W 1190'
4318-4717 SOS'YJ 33 E 1106'_
74-6-14'5 $ 730441 1 3411
44,5-4664 N 762]'07' W 2567
4164-4463 N 2737'36" W 200
4183-445 N 7604'09' W
.
2011
4191-4661 N 72'5521" 1 17.49'
4481-4" S 673238" 1 13.20'
4430-2'79 N B7w'19' N 2569
4679-4476 N 5741'42' 1 31.01
4676-4177 5 771309" 1 16.31
4477-4476 S 5776'10' 9 541'
7476-1475 5 062r0O 1 46.16'
441L44]l f 51'.18'2' W 14.17
w13N a'.Ei11ON D61A4I
4623-4623 S 171823 r 33.01'
4671-4621 S 50'1215 IN 4"
4621-4620 S 41x"5 E 54.52'
4620-4619 51710'19 E 45.41
4619-1618 S 1734'09 r 2911
1616.4617 S 171' W 3860'
4617-4611 S 6708'03' W 3690 '
/616-1616
4615-1614 S S 11'05'19' W 35.70'
03 S-37" N 37.40
4614.4611 S 27x'50 N 392
4613.1612 S 21'5642 W 3531'
4612-4611
4611"4610 S 01'15'55 W 32]9'
5 464446' E 56.07
/61D-1609
1679-4-08
4608-4607 N 5ff29'04 E 36
S7LI/7' E 44.70
N 5657 E 402W
1607-IE3M N 150158" E 71.46
1606-4(05 N IP204 E 4'.79'
1f05-1604 N 1035' E Si.11'
4901-460_3 N 7747 W 5997'
69 N SSU E 15.15'
-4601 N 4716' E 3968'
-4670
-4539 N w5I2r N 4169'
N 019512' M 49_39'
-4598 N 11'11'48' W 3396
-4517 N 5616'13 E 3041'
-1564
-1.535 S M43 E 3302
5 97261 E 38.65'
"4534 5 564501 E E144'
I
593
3+592 5 77D5'1A E --
S 81'1709 E 52.10'
.4581 N 2647`6' E
1-4590 N 370]'08' E
-4X5 N 1626'18 W 4]04
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-4557 a 875 OD W 5770
7-1566 N Ors 01 W net
45-6-4525 N 103273 E 38.96'
455-4584
'
N Iff26'51 E 40.49'
4584-4583 T0648 Or W 3279'
1587-1582 N 6714'58 W 5919
15'2-4581 s 750'10 W 3518'
451.4580 N 773742' W 438'
1580-1579 N 6557'22 W 5227'
1579-4578 N 2645'0' W 19.9
1578-4577 W 4007'23 E 4713'
477.1578 S 835228" F 22.12'
1576-4575 N 617020 E 4213
4515-4574 N 03015" E 47.69
1511-157! S 7633'0 W 3670'
4573-4572 N 63'139 ' N 4149
1 N 5T3642' W 29.87'
0 N 824778' N UPS
9 9' N 54.73'
M 47157
8 _
N IJ712 W 3856'
61
P M 51'1397 E 1°861'
60
425i?260 2''7/7'23 E 71]7
59 N 56168 E b1
58 N &'4.51 E 37.56'
57 7 N 817457' E 39.22'
4257-4258 N 773515 E 9174
1256-1155 S 55'00 Y E 4e 0Y
54 4 4649']1 E 4193
53 WOM 51 E 50-6
52 5 L•9 6 E 0
51 N 719129 E 3971'
50 E7144r E 528
49
1 S 383732 E 59
48 S 1 W 4695
47 N ]57941' W 22.
46 382321 W 2062
245
1
22' 2'
4145244 N 744354 W 1666
4244-4243 S 161030" W 46.73
4243-4242 5 44115' W 1179
4712-4241 S 7645'73 W 15.71'
1741-1240 S OE'0815 W 2515'
4243-4279 5 ]1'48'03 [ 6452'
/239-/238 T46.302.2 E 351/
1235-42:1 T7333 U E 1105'
4231-1321 S 133]50 W 721.91
WEr,MD API A H 2475 ACRES
SCHEDULE OF CALLS
FOR
WETLANDS SURVEY
FOR
LELAND DEVELOPMENT CO., LLC
TOWN OF LELAND BRUNSWICK COUNTY
NORTH CAROLINA FEBRUARY 14, 2033
2- 0 20n 407 6CO
Scale 1" = 200' a CAE?
SFAL
n o
SEAL
SHERWIN D. CRIBB i L4M19
N.C.PROFESSIONAL LAND SURVEYORS 40997 S?
1144 SHIPYARD BLVD. Fq CP
W1MINGTON,NC 28412 7N4?
910-791-0080 SHEET 2 OF 2
SCHEDULE OF GALS
50utkcrn r nvironmental Group, Inc.
5315 5• College Rd. 5uite E_ Wilmington, North Carolina 2841 2
910.452.271 1 - Fax: [phone] . [e-mail]
www.segi.us
August 24, 2005
Hand Delivery
Mrs. Joanne Steenhuis
NC DENR DWQ - Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
SEGi 1)ruje c:t 04-910,01
Q
P G 3 0 2005 . WATER QUALITY
RE: Dan Hilla fps AND ST6ROATER BRANCH
The Willows Formerly Leland 100 Acres (DWQ Project # 050834)
Change of Ownership & Additional Information Response
Dear Joanne,
First, we would like to inform you that there has been a change in ownership of the property
formerly referred to as "Ed Burnett's, Leland 100 Acres". The property has been purchased by
Dan Hilla, and all permits should be written in the name of Willows Development Corporation.
The name of the project has changed to "The Willows".
Second, we would like to submit the following information, which was requested in your letter
dated 3 June 2005:
1. Copy of signed Jurisdictional Determination by the US Army Corps of Engineers
2. Profile drawings of the wetland impacts
3. DRAFT language
In addition to this documentation, we are including the Letter of Agency authorizing Southern
Environmental Group, Inc. as representatives for Dan Hilla in matters concerning any and all
State and Federal Regulatory proceedings.
At this time we are requesting your acceptance of the attached information and processing of the
Pre-Construction Notification application. Thank you in advance for you prompt attention to this
r`' -. r
SEGO
matter. If you should have any questions or comments, please fell free to contact me at
910.452.2711.
Sincerely,
Dana Lutheran
?6c: Ms. Cynthia Karoly
Enclosures (4)
08/19/2005 TUE 14:01 FAI 910 343 9604 Norris, Kuske, Tunstall

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SCALE: V = 400'
400 800 1200
NQRRI$, KUBKE&Ut%1ATnLL WETLAND IMPACT The Willows Subdivision
cONf;l)L.TiJq EN mmmS W pVI-RALL PLAN Lclond, North Carolina
W W, am ( 30-6110
U*."" SHEET 1
0
PROJECT NO. 04226 DATE: 8/15/05
08/16/2005 TUE 14:02 FAI 910 343 9604 Norris, Kuske, Tunstall
PLAN OF CROSSING
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SCALE: 1". 30'
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WETLAND IMPACT The Willows Subdivision
KTLAND CROSSING NUMBER 1 Leland. North Carolina
SHEET 1 OF 2
PROJECT NO. : 04226 DATE: 8/15/05
08/16/2006 TUE 14:02 FAI 910 343 9604 Norris, Kuske, Tunstall
f 004/009
•-EXIS N
4 PROPOSW.
CULVERT-
50.0' RIGHT OF WAY
48' WIDE IMPACT
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PROPOSED
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SCALE. 1' -10'
Now
0 10 20 30
'own,Kum°a " WETLAND IMPACT The Willows Subdivision MOM
WNW 1NO` sn WETLAND CROSSING NUMBER 1 Leland, North Carolina
? ?r SHEET 2 OF 2
W, a C910),23-21153
'N' _ °°°` PROJECT NO. : 04226 DATE: 8/15/05
PROPOSED;
GRADE
, 08/19/2005 TUE 14:02 FAI 910 343 9604 Norris, Kuske, Tunstall
f 005/009
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PLAN OF CROSSING
i
SCALE: 1" . 30'
0 30 60 90
WETLAND IMPACT The Willows Subdivision
GOML"m .use Im
= MGM swat WETLAND CROSSING NUMBER 2 Leland, North Carolina
w ks0ft W. ?1 SHEET 1 OF 2
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,A&
F?? PROJECT NO. : 04226 DATE: $/15/05
. 08/16/2006 TUE 14,603 FAX [phone] Norris, Auske, Tunstall
2006/009
50.0' RIGHT OF WAY
46' WIDE IMPACT
ING GRADE
3
11-
PROPOSED
CULVERT:--?
PROPOSED
GRADE
EXISTI N+
GRADE
UTILITIES
PROPOSED 4
SIDEWALK
PROPOSED
LOAD
s
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s
SANITARY SEWER
CROSS SECTION OF ROAD
3 PROPOSED`!
--11 GRADE
PROPOSED 15"
RCP CULVERT
PROFILE OF ROAD
SCALE: 1" =10'
0 10 20 30
jikja WETLAND IMPACT The Willows Subdivision
WETLAND CROSSING NUMBER 2 Leland, North Carolina
m wow mm
Sol w .SHEET 2 OF 2
amc K 30-M2
R" 0"M 30-00"
PROJECT NO. : 04226 DATE: 8/15/05
08/16/2005 TUE 14:03 FAI 910 343 9604 Norris, Euske, Tunstall
b07/009

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WETLAND IMPACT The Willows Subdivision
WETLAND CROSSING NUMBER 3 Leland, North Carolina
SHEET 1 OF 2
PROJECT NO.: 04226 DATE: 8/15/05
. rs't' C

9.90
. 08/16/2005 TUE 14;03 FAX [phone] Norris, Kuske, Tunstall
9008/009
60.0' RIGHT OF WAY
52.0' WIDE IMPACT
PROPOSED
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i ;
PROPOSED
LOAD
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.------------
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PROPOSED 18°
RCP CULVERT
PROFILE OF ROAD
SCALE: 1" =10'
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NO"'""'"1°a"'"W"A
A WETLAND IMPACT The Willows Subdivision
c..Tm emw.w mm
+= war == WETLAND CROSSING NUMBER 3 Leland. North Carolina
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103 SHEET 2 OF 2
PH&W ?* PROJECT NO. : 04226 DATE: 8/15/05

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR MALLORY CREEK PLANTATION
This Declaration, Made the _ day of , 2005, by Kardan Holdings, LLC, hereinafter
referred to as "Declarant" or "Developer for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Brunswick County, North
Carolina, known as THE WILLOWS, as shown on a plat recorded in the Office of the Register
of Deeds of Brunswick County, North Carolina, in Map Book , Page , to which
maps reference is made for a more particular description (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 2nd 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 Mallory Creek Plantation 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 (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 me-ns 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 Kardan Holdings, 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 Ill
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 The Willows, (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. Lot(s) 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 # SW8 021111
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.
SECTION 23. Townhouse or Townhome shall mean the dwelling located on a Lot within
any Townhome Development.
SECTION 24. Townhome Development shall mean any Townhome project within the
Planned Community.
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, swails 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 stormwater 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.
SECTION 5. Gas Line Easement. ExxonMobil Chemical Company is the holder of a 30'
easement located over portions of the Planned Community which is recorded in Book 313 Page
572 of the Brunswick County Registry. ExxonMobit maintains a gas line(s) within the easement.
Declarant has designated portions of the gas line as Common Area/Open Space. Lot Owners and
the Association are prohibited from digging or making any excavations whatsoever or from
installing any apparatus within the gas line without first having obtained the consent of
ExxonMobil.
ARTICLE Ill.
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 B. Class B Members shall be Owners of Lots in Town homes at The Willows.
Class C. The Declarant shall be a Class C Member.
SECTION 4. Voting Rights. The voting rights of each class of membership shall be as
follows:
(a) The Class A and B 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 C 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 C Membership by the holder thereof.
The period during which there is Class C Membership is sometimes referred to herein as
the "Declarant Control Period". If the Declarant loses Class C Membership, it
shall re-acquire Class C 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, stormwater 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 stormwater facilities and the Stormwater 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. Townhouse Insurance. Commencing not later than the time of the first
conveyance of a Lot within any Townhouse Development to a Person that is not a Declarant, it
shall be the duty of the Association to maintain in effect casualty and liability insurance covering
the Townhouses and Townhouse Development as follows, to the extent it is reasonably available:
(a) Amount and Scope of Insurance. All insurance policies necessary or desirable upon
any Townhouses and Townhouse Development (except personal property within a Townhome)
shall be secured by the Board of Directors, or its designee, on behalf of the Association. Such
insurance shall at a minimum cover against (1) loss or damage by fire or other hazards normally
insured against in an amount after application of any deductibles of not less than 80 percent of
the replacement cost of the insured property at the time the insurance is purchased and at each
renewal date exclusive of land excavation, foundations and other items normally excluded from
property policies, and (2) general liability insurance for each Lot, with limits of at least
$1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a
single occurrence.
(b) Insurance Provisions. The Board of Directors shall make diligent efforts to insure that
the insurance policies required by this section provide for the following:
(1) a waiver of subornation by the insurer as to any claims against the
Association, any officer, director, agent or employee of the Association, the Lot
Owners and their employees, agents, tenants and invitees;
(2) a waiver by the insurer of its right to repair and reconstruct instead of
paying cash;
(3) coverage may not be canceled or substantially modified (including
cancellation for nonpayment of premium) without at least thirty days prior written
notice to the named insured and all mortgagees;
(4) coverage will not be prejudiced by act or neglect of the Lot Owners when
said act or neglect is not within the control of the Association or by any failure of
the Association to comply with any warranty or condition regarding any portion of
the Planned Community over which the Association has no control.
(5) the master policy on the Planned Community cannot be cancelled,
invalidated or suspended on account of the conduct of any one or more individual
Lot Owners;
(6) the master policy on the Planned Community cannot be cancelled,
invalidated or suspended on account of the conduct of any officer or employee of
the Board of Directors without prior demand in writing that the Board of Directors
cure the defect and the allowance of a reasonable time thereafter within which the
defect may be cured;
(7) each Lot Owner is an insured person under the policy to the extent of the
Lot Owner's insurable interest;
(8) if at the time of a loss under the policy, there is other insurance in the
name of a Lot Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance.
(c) Premiums. All premiums on the insurance policies required by this section and any
deductibles payable by the Association upon loss shall be a Common Expense paid by the class
of Members to which it applies;
(d) Proceeds. All insurance policies purchased pursuant to these provisions shall provide
that all proceeds thereof shall be payable to the Board as insurance trustee or to such
attorney-at-law or institution with trust powers as may be approved by the Board of Directors
who shall hold any such insurance proceeds in trust for Lot Owners within the Townhouse
Development and lien holders as their interest may appear;
(e) Policies. All insurance policies purchased by the Board of Directors shall be with a
company or companies permitted to do business in the State of North Carolina and holding a
rating of "A" or better by the current issue of Best's Insurance Reports. All insurance policies
shall be written for the benefit of the Board of Directors and the Townhouse Development Lot
Owners and their mortgagees as their respective interests may appear, and shall provide that all
proceeds thereof shall be payable to the Board of Directors and duplicates of said policies and
endorsements and all renewals thereof, or certificates thereof, together with proof of payment of
premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration f± date
with respect to the then current policies. Duplicates shall also be obtained and issued by the
Association to each mortgagee, if any, upon request of such mortgagee;
(f) Individual Policies. If the Association shall determine that it would be more
economically feasible in lieu of the Association maintaining a master policy for the Members
within a Townhouse Development to purchase insurance policies covering each Lot and Lot
Owner individually, then upon the assent of 67 percent of the Members voting as a class (which
votes may be cast in person or by proxy) who are eligible to vote at a meeting duly called for
such purpose, the insurance coverage for the Townhomes may be turned over to the Lot Owners
to purchase individual policies under such terms and conditions as the Association may
prescribe. If the responsibility for maintaining the insurance coverage on the Townhouses is
turned over to the individual Lot Owners under the provisions of this paragraph, then the
Association shall be named as additional insured on each policy, each Lot shall be insured for its
full replacement value, and the provisions of this Section shall be modified accordingly;
(g) Distribution of Insurance Proceeds. Subject to the provisions of Section 47F-3-113(g)
of the Act, the proceeds of insurance policies maintained by the Association pursuant to this
section shall be distributed to or for the benefit of the beneficial owners in the following manner:
(1) all reasonable expenses of the insurance trustee shall be first paid or provision
may therefor;
(2) the remaining proceeds shall be used to defray the cost of repairs for the damage
or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying
such cost shall be distributed to the beneficial owners, including lienholders of record, or
retained by the Association for such common expenses or purposes as the Board shall
determine.
SECTION 2. Individual Home Insurance. All Owners not within a Townhouse
Development shall purchase at their individual expense individual policies covering each Lot and
Lot Owner individually.
SECTION 3. 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 coverage(s)
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.
PARTY WALLS - TOWNHOUSES
SECTION 1. General Rules of Law to Apply. Each wall which is built as a part of the
original construction of any Townhomes and placed on the dividing line between Lots shall
constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the
general rules of law in North Carolina regarding party walls and of liability for property damage
due to negligence or willful acts or omissions shall apply thereto.
SECTION 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall in
proportion to such use.
SECTION 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the
other Owners thereafter make use of the wall, they shall contribute to the cost of restoration
thereof in proportion to such use without prejudice, however, to the right of any such Owners to
call for a larger contribution from the others under any rule of law regarding liability for
negligent or willful acts or omission.
SECTION 4. Weatherproofing. Notwithstanding any other provision of this Article, an
Owner who by his negligent or willful act caused the party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protection against such element.
SECTION 5. Right to Contribute Runs with Lad. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such
owner's successors in title.
SECTION 6. Arbitration. In the event of any dispute arising concerning a party wall, or
under the provisions of this arbitrators shall choose one additional arbitrator, and the decisions
shall be by a majority of all the arbitrators.
ARTICLE VI.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessment. 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;
C. Special Assessments;
D. Insurance Assessments;
E. Ad Valorem Tax Assessments; and
F. 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
attomey'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:
(1) 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 riot 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 riot 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 4717-3-1 02, 4717-3-1 07, 4717-3-1
07.1 and 47F-3-1 15 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 on 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, stormwater
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:
Tyler's Cove Sect. 1 1,000 sq. ft. to 1,400 sq. ft.
The Palms Sect. 1 1,400 sq. ft. to 1,600 sq. ft.
Emberwood Sect. 1 1,800 sq. ft.
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. 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-Lip 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.
1. Shallow wells for the purpose of watering lawns and not for potable water supply are
permitted. Such wells and pump houses must be located no closer to the front lot line than the
front of the residence constructed on the Lot and the exact location is subject to the approval of
the Architectural Control Committee.
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
anytime, 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.
1. 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. Lease. 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. Tree. 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.
STORMWATER PERMIT/FACILITIES
SECTION 1. Stormwater Permit. The Association and each of its Members agree that at
anytime after (I) all work required under the Stormwater Permit has been completed (other than
operation and maintenance activities), and (ii) the Developer is not prohibited under DENR
regulations from transferring the Stormwater 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
Stormwater Permit to be transferred to the Association; provided, however, that at the time the
Developer requests that the Association accept transfer of the Stormwater 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 stormwater 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 Stormwater 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 stormwater facilities
covered by the Stormwater Permit.
SECTION 2. Stormwater Facilities 0 & M. Any stormwater 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 0 & M shall include, but not be limited to, compliance with
all of the terms and obtaining any renewals of the Stormwater 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 Stormwater Permit for operation and maintenance of the
stormwater retention ponds and related facilities.
SECTION 3. 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 stormwater 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 stormwater 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 stormwater 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 4. Enforcement Of Storm Water Runoff Regulations.
A. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8021111, as issued by the Division of Water
Quality under NCAC 2H.1000.
B. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
D. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of water Quality.
E. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
F. The maximum allowable built-upon area per Lot is as follows (this daia is shown on
the above referenced plat plus lots for which the Declarant has an approved stormwater plan but
which Declarant is under no obligation to subdivide or'develop in any particular fashion or for
any particular use):
Lot Number Allowable Impervious (sf)
50-76 (Ember-wood) 4,000
1-10; 111-145 (The Palms) 3,500
147-155; 173-181 (Tyler's Cove) 3,000
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 and the townhome complex must drain
into Pond No. 3.
H. Built-upon area in excess of the permitted amount will require a permit modification.
1. The connection from the future commercial development and the townhome complex
collection system shall be made such that short-circuiting of the system does not occur.
J. The owner of each development tract, whose ownership is not retained by the permit
shall submit a separate offsite stowmwater permit application to the Division of Water Quality
and receive a permit prior to construction.
ARTICLE X.
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 ala 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,
alter 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 act or 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.
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 Xl.
GENERAL PROVISIONS
SECTION 1. Rights of Institutional Note Holders. Any institutional holder of a first lien
on a Lot willl, 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.
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. FHANA 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 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.
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Land Owner/Agent
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(state)
3973 g Market Street • Wilmington, North Carolina 28403
910.254.0602 • Fax: 910.254.o6o3 • [e-mail]
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 3, 2005
11
CERTIFIED MAIL: 7004 1160 0004 4620 3259
RETURN RECEIPT REQUESTED
Ed Burnett
Leland Development Co. LLC
602 Market Street
Wilmington, NC 28401
Subject:
Dear Mr. Burnett:
Q?c?r?ad?a
JUN 9 2005
DENR • WATER OtMITY
WETLANDS AND STORMINATER BRANCH
Project on Hold for
Additional Information
Leland Subdivision
DWQ Project # 050834
Brunswick County
On May 18, 200514 he Division of Water Quality (DWQ) in the Wilmington Regional Office
(WiRO) received your application dated May 5, 2005 to impact 0.42 acres of wetlands to
construct the proposed Leland Subdivision. The DWQ has determined that your application was
incomplete. The DWQ will require additional information in order to process your application to
impact protected wetlands on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required
by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. Please provide a copy of the signed Jurisdictional Determination by the US Army Corps
of Engineers.
2. Please provide plan and profile drawings of the wetland impacts (to scale) and include the
necessary pipe to allow flow between the wetland and be sure to show the pipe buried as
required in'GC # 3402.
3. Please provide a copy of the DRAFT language to place the remaining wetlands on site
under deed notification, deed restriction or wetland preservation as required by GC # 3402
and/or the Corps of Engineers (whichever is the more restrictive).
Please respond within three weeks of the date of this letter by sending this information in
writing to Joanne Steenhuis and to Cyndi Karoly, 401 Oversite/Express Review Permitting
Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaro/l/
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper orthCarolina
n
. F
Page Two
Ed Burnett
Leland Development Co.
DWQ Project # 050834
June 3, 2005
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application. are not authorized (at this time) by the DWQ. Please call Joanne
Steenhuis at 910 796-7215 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Joanne Steenhuis
Environmental Specialist III
cc: Cyndi Karoly, - 401 Oversite/Express Review Permitting Unit
Tom Farrell, - USACE Wilmington Regulatory Field Office
David Syster - Southern Environmental Group, Inc.
WiRO
On Hold
Subject: On Hold
From: Joanne Steenhuis <Joanne. Steenhuis @ ncmail.net>
Date: Fri, 03 Jun 2005 10:30:54 -0400
To: Ian McMillan <[e-mail]>
Hello Ian,
The following projects have been placed on hold as of 6/3/05
1) Ed Burnett/Leland SID - DWQ project # 050834 - Brunswick
2) Baileywick SID DWQ project # 050872 - New Hanover

1 of 1 6/3/2005 10:31 Ab
Triage Check List
Date: 5/16/05 Project Name: Leland s/d c/o Ed Burnett
DWQ#: 05-0834
County: Brunswick
To: Noelle Lutheran, Wilmington Regional Office
60-day Processing Time: 5/13/05 to 7/1105
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
, . _I
05083,4 Pp"I'MEI` IT
RECEIVED
,
Southern Environmental 6rou Inc.
5315 S• College KJ. Suite E- Wilmington, North Carolina 28+12
910.452.271 1 Fax: [phone] ' [e-mail]
www.segi.us
May 5, 2005 D Mr. Tom Farrell MAY 1_ 3 2005
Regulatory Division r , q
US Army Corps of Engineers ' i;' mat - WATER QUALITY
Post Office Box 1890 N?T1Al?DSAN?STORMyyATERBRANCH
Wilmington, NC 28406-1890
Ms. Cyndi Karoly
NC DENR DWQ
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Mr. Ed Burnett's
Proposed Leland Subdivision
Brunswick County
NWP Application
Dear Mr. Farrell & Ms. Karoly:
This letter is in reference to Mr. Ed Burnett's property in Leland, Brunswick County, North
Carolina and the proposed wetland impacts for completion of a number road crossings and a
driveway within the proposed Leland Subdivision (Action I.D. # 200200709).
My client is proposing 0.42 acres of wetland impacts to Section 404 wetlands. These impacts
consist of 0.39 acres for road fill for six (6) separate portions of the proposed road and 0.003
acres of fill for one (1) proposed driveway. Minimization of additional impacts to 404 wetlands
will be accomplished by utilization of 'Best Management Practices' during construction of the
subdivision to ensure no material leaves the site and has the potential to impact any off-site
wetlands.
At this time we are requesting your review and processing of the attached Nationwide Permit
Application. Thank you in advance for you prompt attention to this matter. Please contact me if
you should have any questions or comments.
Sincerely,
David A. Syste
Senior Consultant Enclosure
Cc: Ms. Noelle Lutheran; DWQ Wilmington
FAYMENT
° ???Qd? fl RECEIVED
Office Use Only: MAY Z 3 2005 Form
Version May 2002
?ENR -WATER QUALITY 050834
USACE Action ID No. *ETIANDSANDSTORMyyATERBRAQWQ 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:
0 Section 404 Permit ? Riparian or Watershed
Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit
from DWQ
0 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP)
is proposed for mitigation of impacts (verify availability with NCWRP prior
to submittal of PCN), complete section VIII and check here: 0
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 Ed Burnett / Leland development CO. LLC.
Mailing 602 Market St. Wilmington, NC 28401
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: David Syster
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 S. College Rd. Suite E
Wilmington, North Carolina 28421
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: david.s s(a,segi.us
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 may be 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: Proposed Leland Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):0370005505
4. Location
County: Brunswick Nearest Town:Leland
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
The property is on the north side of US 74-76 at the intersection of
Highway 17
Site coordinates, if available (UTM or Lat/Long):34.22840 N 78.01240 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 water body.)
6. Property size (acres):125 acres
Nearest body of water (stream/river/sound/ocean/lake): Sturgeon Creek,
Brunswick River
River Basin: Cape Fear
(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/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity
of the project at the time of this application:
The area is undeveloped forest land and has been cleared.
10. Describe the overall project in detail, including the type of equipment to be
used: A subdivision with 296 home sites, associated landscaping and
roadways, using heavy machinery.
11. Explain the purpose of the proposed work: To create a 296 home-site
subdivision with associated road ways, landscaping, and utilities
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.
U.S. Army Corps of Engineers Wetland Permit (issued 3-18-03 through 3-18-
08). action id # 200200709
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 permit requests are anticipated for this site.
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.
The applicant must also provide justification for these impacts in Section VII
below. All proposed impacts, permanent and temporary, must be listed herein,
and must be clearly identifiable on an accompanying site plan. All wetlands and
waters, and all streams (intermittent and perennial) must 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: Fill material for
road access will be placed in wetland areas A,B,C,D,F, and G. as listed
below and shown on surveyed map of the property. Fill material for
portion of a parking area will be placed in wetland area E.
2. Individually list wetland impacts below:
Wetland
Impact
Site Number
(indicate on
map)
Type of
Impact*
_ - --- .-
A
B
C
D
Road/fill
Road/fill
E
G
Road/fill
Road/fill
_ fill
Road/fill
Area Located within Distance to
of 100-year Nearest

Impact
Floodplain**
Stream Type of Wetland***
(acres) (yes/no) (linear feet) j
0.08 1605 - -- --
_-- _- Wet flat
006 1 I 1905 Wet flat
1
a Wet flat -- - -
0.01
0.03
0.01
Road/fill 0.16
2505
2055
2355
2880
Wet flat
_ Wet flat
Wet flat
Wet flat
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA
Map Service Center at 1-800-358-9616, or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland,
beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by
USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland: 64.49 acres total. Plan to impact 0.42 acres.
3. Individually list all intermittent and perennial stream impacts below: Not
Applicable
Stream Impact Length of Average
Site Number Type of Impact Width of Perennial or
(indicate on Impact* (linear Stream Name** Stream Intermittent?
map) I feet) I i Before (please specify)
T
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and
associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet
before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary)
to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at I-
800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of
USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:Not
Applicable
4. Individually list all open water impacts (including lakes, ponds, estuaries,
sounds, Atlantic Ocean and any other water of the U.S.) below :Not
Applicable
Open Water
Impact
Site Number
(indicate on
-- - ma
Area
of ! Name of Waterbod Type of Waterbody
Type of Impact* Impact (if applicable) y r (lake, pond, estuary,
sound, bay, ocean, etc.)
(acres)
* List each impact separately and identify temporary impacts. Impacts include, but are not
excavation, dredging, flooding, drainage, bulkheads, etc.
d to: fill,
5. Pond Creation Not Applicable
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.):
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.
Wetland impacts were avoided to the greatest extent possible by planner.
Wetland fill is only proposed for portions of roadways where no route
through upland is possible. In addition, proposed roadways shall be built
not to exceed the minimum DOT standard width. All impacts will be within
local setbacks and consistent with zoning regulations.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be 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 150 linear
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 March 9, 2000,
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 may be 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 NCWRP
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://Ii-?o.enr.state.nc.us/ncwetlands/strmgide.html.
I. 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.
One acre of non-riparian wetland will be restored through payment to
the NC EEP. A 2:1 ratio is required.
2. Mitigation may also be made by payment into the North Carolina Wetlands
Restoration Program (NCWRP). Please note it is the applicant's
responsibility to contact the NCWRP at [phone] to determine
availability and to request written approval of mitigation prior to submittal of
a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at
http://h?o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed,
please check the appropriate box on page three and provide the following
information:
Amount of stream mitigation requested (linear feet):Not Applicable
Amount of buffer mitigation requested (square feet):Not Applicable
Amount of Riparian wetland mitigation requested (acres):Not Applicable
Amount of Non-riparian wetland mitigation requested (acres):1.0 acre
Amount of Coastal wetland mitigation requested (acres):Not Applicable
Environmental Documentation (required by DWQ)
IX.
Does the project involve an expenditure of public (federal/state) funds or the use
of public (federal/state) land?
Yes ? No ?x
If yes, does the project require preparation of
pursuant to the requirements of the National or N
Policy Act (NEPA/SEPA)? Note: If you are not
document is required, call the SEPA coordinator
current thresholds for environmental documentation.
Yes ? No ?
in environmental document
)rth Carolina Environmental
sure whether a NEPA/SEPA
it [phone] to review
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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B
.0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250
(Randleman Rules and Water Supply Buffer Requirements), or other (please
identify
)?
Yes ? No ?X If you answered "yes", provide the following
information:
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.
* Impact Required
Zone Multiplier
(square feet Mitigation
i 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed
(i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration
Fund). Please attach all appropriate information as identified within 15A NCAC
2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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. The proposed impervious surface
acreage will be within state and local thresholds for impervious surface per
acre of land.
XI. 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.
Public water and sewage utilities will be present and used by the subdivision.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any
Buffer Rules?
Yes ? No Fx_1
Is this an after-the-fact permit application?
Yes ? No 0
XII. 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).
Ap icant/Agent's Si ature Date
(Agent's signature is valid only if an authorization letter from the applicant is
provided.)
SE.G?
5outkern environmental Grou P, Inc.
E-nvironmental, Development and Conservation Advisors
www.scgi.us
Letter of agencLi
11 r=O '-L4NE11V , hereby grant
jouthern Environmental Group, Inc., Q5E-Gi) the right to represent
? ?A?n` iC1.re..t.?- to j Au'., in matters regarding environmental consulting
services and real property owned 6y SAnMg _
in ?w..?S.•??? Count Counties, AA-- through the
(state)
date of 200 ?.
Land Owner/ Agent
`Z -
Date
3973 B Market Street • Wilmington, Nortk Carolina 28403
910.254.0602 • Fax: [phone] [e-mail]
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3~.T`~ 101 105 72 71 Sj 2s~ ~ 8Q 54 1~~1 S2T02'36"W 3.36' ! 62
£ 'S9' ~ / Oy R. 81 57 52 , R a4 soe'1o'o7"w s7.ss' 61 58 53 46.1 O4~' 501'43'09"W 60 59 „ cN.1 29.78
6g / 82 - > 6 Jj 1 QQ 83 _ N8T02'32"W N86'23'2 r~4.14' 1156, 2g E S15'5319"E 6.56' x'23'20 W ~ N73 N48'2043'W CH.36.30'
8 • ~3~ 84 - 0 W N~ ~ 99 85 p9.86' 78,00' . 132.41' N86'18 46"W - - ' 32.41' N8T02'45"W R=50.00 196.00'
86 82' R~196, 98 / 7 ~55~ .1067.E 8 ~ ~ cN 193,39' N53'3T29"W CH.22.36' R=25.00'
97 88 •2~' 1.° 26 w N80'11'23"W 9,66`
~ ~ ~2 S~ 5 G 89 ~ N36'11'38"E 7.43'
90 96 Ntt'29'56"E 33.36' 7 S80'11'23"E 5.37'
4,r 1 ' 4'41. ~ 92 N73'14'43"E CH.22.36'
R=25.00' N63'23'46"E CH.28.76'
S~r6" r, ~ 93 t 9~ c 2 22'81.66' ~ ~ 4 e o~. ~ R,2g~ „w R=50.00'
' 5.0560' '2 0~, 5~1 g2 181.
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TOWN OF LELAND BRUNSWICK COUNTY NORTH CAROLINA SCALE:.1 150' .gg, .}.gg3'
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N07ES: 1. ALL INFORMATION TAKEN FROM MAPS DRAWN BY SHERWIN D. CRIBB: ,~tlrieeereeya
WETLANDS SURVEY MAP DATED FEBRUARY 14, 2003 \ / +se~~ ~QUA1 a°aa
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PRELIMINARY OF THIS SITE I I\l.~ li I 1 V .11.1 Vl V\
2. -THIS MAP IS NOT A RESULT OF AN ACTUAL SURVEY PERFORMED APNOL~J w.., CAp.S N, f?-5, pc a :G w, . .
Y C A B ARNOLD W. CARSON PLS PC. -r C For x+06 X11 TNIpD Stl ~t f o oa 7 / Y -
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