20052216 Ver 1_Complete File_20051219

O??F W rF9 pG Michael F. Easley, Governor
s-
William G. Ross Jr., Secretary
0) -7 North Carolina Department of Environment and Natural Resources
(] -? Alan W. Klimek, P.E. Director
Division of Water Quality
January 5, 2006
OW ?2 DWQ Project # 052216
0 [R IM Carteret County
Jackson L. Conner, President JAN 1 l 2006
Conner-W, LLC
PO Box 1276 DENR - WATER QUALITY
Morehead City, NC 28557 WETLANDS AND STORVIWATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions
Fill isolated wetlands and temporarily impact wetlands for a utility easement
The Coves at Newport
Dear Mr. Conner:
You have our approval, in accordance with the attached conditions and those listed below, to temporarily
impact 0.14 acres of wetlands for the purpose of installing a Stormwater pipe (utility line) for The Coves
at Newport. In addition, you are approved to permanently impact 0.473 acres of isolated wetlands for five
road crossings at the subject property, as described within your application dated September 9, 2005 and
received by the N.C. Division of Water Quality (DWQ) on December 14, 2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number
3374 (GC3374) and IWGP100000, a State issued permit for isolated wetlands. The Certification # 3374
allows you to use Nationwide Permit 12 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and NPDES Stormwater regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. The State issued IWGP100000 will expire upon the expiration date of
September 30, 2008 or unless otherwise rescinded by the Director of the Division of Water Quality.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following temporary and isolated wetland impacts are hereby approved as long as all of the
other specific and general conditions of this Certification are met. No other impacts are approved
including incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Servicel-877-623-6748 One
FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
Natmally

Page Two
Jackson L. Conner, President
Conner-W, LLC
DWQ Project # 052216
January 5, 2006
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Isolated Wetlands 0.473 Figure 2
404 Wetlands 0.14 (acres) Figure 2
Waters N/A (acres)
Buffers N/A (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained ion all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor;-owned or leased borrow pits associated with the project.
c. For borrow pit sites; the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the, requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
I
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
i Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completiomto the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Page Three
Jackson L. Conner, President
Conner-W, LLC
DWQ Project # 052216
January 5, 2006
6. Anti-seep collars
Anti-seep collars shall be placed at the downstream (utility line gradient) wetland boundary and
every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility
line. (See condition # 16).
Utility ditches
The two ditches proposed in uplands are not allowed to impact wetlands through drainage and
must follow the plan as shown on the off-site drainage plan (sheet 16 of 16) signed by Ronald D.
Cullipher on November 16, 2005
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Please read the conditions associated with General Certification # 3374 and IWGP100000
(enclosed) and if you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. If you do
not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
i
This letter completes the review of the DWQ Permit #052216 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 ,
J, Alan W. Klimek, P.E.
Enclosures: GC 3374
IWGP100000
Certificate of Completion
cc: Matt Montanye - Stroud Engineering
Wes Fryar - Land Management
an McMillan 401Oversig?it/Express'Review Permitti? Umt
- S..
Mickey Sugg - USAG : E-i mml gton Regujatory FieTd Office
WIRO
Central Files
DWQ 052216
Subject: DWQ 052216
From: Joanne Steenhuis <[e-mail]>
Date: Fri, 06 Jan 2006 09:43:49 -0500
To: Ian McMillan <[e-mail]>, Mickey T Sugg <[e-mail]>,
"cyndi.karoly" <[e-mail]>
DWQ Project # 052216 For the Coves at Newport Carteret County EXPRESS 401 has been
written 1/5/06
1 of 1 1/6/2006 10:11 AM
0S-Z216

North Carolina Wildlife Resources Commission ?
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi Karoly'
401/Wetlands; Unit, Division of Water Quality
North Carolina Department of Environment and Natural Resourc [A
FROM: Maria Tripp, Northeast Coastal Region Coordinator SAN 5 2006
Habitat Conservation Section
wAT EpO,? QUALITY
ER BRANCH
DATE: December 29, 2005 w?T D D j
SUBJECT: Section 401 Water Quality Certification for The Coves at Newport, Carteret County,
North Carolina.
Express Process
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
application with regard to impacts of the project on fish and wildlife resources. The project site is located
near Newport, NC in the northwest corner of US Hwy 70 and Nine Foot Road (SR 1124) behind the Food
Lion shopping center. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401; as amended; 16 U.S.C. 661 et. seq.) and the Clean Water Act of 1977 (as
amended).
The applicant proposes to permanently fill 0.473 acres of isolated wetlands for five road crossings
and stormwater drainage lines and temporarily fill approximately 0.14 acres of jurisdictional wetlands for
the construction of a utility easement. The subject property includes 21.33 acres of undeveloped land to
be developed into The Coves at Newport Subdivision.
The Commission does not object to the proposed wetland fill. However, we request the remaining
wetlands within the 21.33 acre area be placed under deed restriction or conservation easement to prevent
future wetland fill.
We appreciate the opportunity to comment on this permit application. If you have further
questions or comments, please contact me at [phone].
cc: Sugg, M. - US Army Corpse of Engineers
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Jww
s

North Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi Karoly
401/Wetlands Unit, Division of Water Quality
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp, Northeast Coastal Region Coordinator ?--
Habitat Conservation Section lV ?'"W
DATE: December 29, 2005
,SUBJECT: Section 401 Water Quality Certification for Audubon Point (Section V Blair Farm),
Carteret County, North Carolina.
05-2091 version;2
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
application with regard to impacts of the project on fish and wildlife resources. The project site is located
near Morehead City, approximately 1.7 miles from the intersection of Hwy 70 and North 20`h Street,
adjacent to Calico Creek. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Clean Water Act of
1977 (as amended).
The applicant proposes permanently impact approximately 0.063 acres of jurisdictional wetlands
and temporarily impact 0.0339 acres of wetlands. The purpose of the proposed work is to construct a road
with driveways for a single family subdivision. Pipes will be installed at driveway crossings to
hydraulically connect severed wetlands.
The Commission does not object to the proposed wetland fill. However, we request the remaining
wetlands within the 19.79 acre area be placed under deed restriction or conservation easement to prevent
future wetland fill.
We appreciate the opportunity to comment on this permit application. If you have further
questions or comments, please contact me at [phone].
cc: Sugg, M. - US Army Corps of Engineers
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Office Use Only:
Form
' IBY:
USACE Action ID No. 200500278 DW"o. I
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. { Processing
16
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12; GC 3374
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), check here: ?
II. Applicant Information, °l f7[--, ?
?
.a ) 1J
1. Owner/Applicant Information
DEC
2005
Name: Ron Cullipher/Matt Montanye
Mailing Address:_ Stroud Engineering Co,
151-A NC H WY 24W, Hestron Plaza
Morehead City, NC 28557
Telephone Number: 252-247-7479 Fax Number: 252-247-4098
E-mail Address: rculliphergstroudengincer.com/mmontanye a stroudengineer.com
i
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: Wes Fryar
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: wfryar(a lmgroup.net
Page 5 of 14
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: The Coves at Newport
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 633811663035000
4. Location
County: Carteret Nearest Town: Newport
Subdivision name (include phase/lot number):_ The Coves At Newport
Directions to site (include road numbers, landmarks, etc.): The 21.33-acre tract is located in
the northwest comer 'of US Hwy 70 and Nine Foot Road ( SR 1124) north of the Dollar
Store in the Foodlion Shopping Center, in headwaters of an unnamed tributary to the
Newport River, Newport, Carteret County North Carolina
5. Site coordinates, if available (UTM or Lat/Long): 34.7877° N 76.8604 °W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 21.33 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Newport River
8. River Basin: White Oak
(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 subject property is composed of 21.33 acres of
undeveloped land. It is surrounded by Nine Foot Road to the south a Foodlion Shopping
Page 6 of 14
Center and Highway 70 to the east, undeveloped land to the north and residential
development to the west..
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to permanently fill approximately 0.473 acres of isolated non-
iurisdictional wetlands for five road crossings and stormwater utility easements and
temporarily excavate/ fill approximately 0.14 acres of jurisdictional wetlands for the
construction of a utility easement that would flow northwest from the storm water pond
towards Howard Road (SR 1245). Dual 60" RCP Pipe will be used at the five posed
wetland crossings for the utility easement. Mechanized land clearing necessary for the
construction of the utility line will be kept to the minimum necessary and pre-construction
contours will be maintained as near as possible. Material resulting from trench excavation
may be temporarily side cast into 404 wetlands provided that the material is not placed in a
manner that is dispersed by currents or other forces but will be backfilled as soon as the
utility line is installedi ( Silt fences will be used to reduce erosion into adjacent wetlands
11. Explain the purpose of the proposed work: To create roads and a stormwater utility
easement for the Coves at Newport Subdivision.
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.
Mr. Mickey Sugg of the USACE has approved the wetland line for the Coves at Newport
subdivision area on December 16, 2004.
Page 7 of 14
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.
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: The applicant proposes to permanently
fill approximately 0.473 acres of isolated non jurisdictional wetlands for five road crossings
and stormwater drainage lines, and temporarily excavate/fill approximately 0.14 acres of
jurisdictional wetlands for five wetland crossings in the construction of a utility line that
would flow northwest from the storm water pond toward Howard Road Silt fences will be
used to reduce erosion into adjacent wetlands.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact*' Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 FILL 0.09 no 1500 Forested wetland
2 FILL 0.17 no --1800 Forested wetland
3 FILL 0.009 no -2000 Forested wetland
4 FILL 0.02 no -2400 Forested wetland
5 FILL 0.06 no 2400 Forested wetland
6 FELL 0.03 no -2600 Forested wetland
7 FILL 0.08 no 2000
Forested wetland
Page 8 of 14
Forested wetland
8 FILL 0.02 no 2000
FILL Forested wetland
9 (temporary) 0.02 no -2700
FILL Forested wetland
10 (temporary) 0.02 no -2500
FELL Forested wetland
11 (temporary) 0.07 no -2400
FILL Forested wetland
12 (temporary) 0.02 no -1800
FILL Forested wetland
13 (temporary) 0.01 _ no ti 1600
* List each impact separately and identi
temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
tll
excavation, flooding, ditching/dramageetc. 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 httn://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: 1.72 acres of
isolated wetlands on the 21.33 acre parcel (Coves at Newport section), and 0.14 acres to be
temporarily impacted for utili crossing north of property.
Total area of wetland impact proposed: Permanent: 0.473 acres of isolated wetlands;
Temporary: 0.14 acres of jurisdictional wetlands.
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact*' Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

i

* 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 1-800-358-9616, or online at
www.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone, com,
www.mapquest.com, etc.).
Page 9 of 14
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
on ma
(' )
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
> p > ,
bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
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.
Page 10 of 14
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://h2o.enr.state.nc.us/icwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
permanent maintenance features will exist through jurisdictional wetlands, and isolated
wetland impacts have been reduced to 0.473 acres,
no mitigation is proposed.
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
Page 11 of 14
NCWRP, check the NCWRP website at http://h2o.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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required
Does the project involve' an expenditure
(federal/state) land?
Yes ? No
by DWQ)
of public (federal/state) funds or the use of public
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X.' Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
I
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 29 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact
mitigation is required calculate the required
multipliers.
to each zone of the riparian buffers. If buffer
amount of mitigation by applying the buffer
Zone* Impact Multiplier Required
Page 12 of 14
(square feet) Mitigation
1 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.
f
XI'. 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.
There is no existing impervious cover within the pro eeLty. Total proposed impervious cover will
consist of 41 buildings, 284 parking spaces, a community center and pool, and roadways, which
will be approximately 9.38 acre, or 43% of the total site. A stormwater pond will be located on
the north west corner of the property which will drain to the east towards Howard Road. The
applicant will install silt fencing around, the construction area to reduce erosion into wetland
areas-
X11. 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.
Project will tie into local sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of jDWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 13 of 14
X11Y. 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).
Applic nt/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200401155 County Carter .t
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
I
Property Owner: Wallace Conner Agent* ar Baldwin Land Management GrM42 '
197 Salter Path Road Pine Knoll Shores NC 28512 PO Box ?522 Wilmington NC 29402
[phone] [phone]
Size and Location of project (waterbody, road name/number, town, etc.) The 15-acre tract is located on the north side
of Nine Font Road (SR 1124) across from Parker Court and behind the Food Lion Shopping .enter, in Newport
Carteret County. North Carolina.
Your work as described above does not require Department of the Army authorization for the following reason(s):
-X-.. There are no jurisdictional waters or wetlands within the boundaries of the project as described above. All
areas have heen determined to isolated and no interstate commerce was found. This determination is effective for five
years from the date of this notification. It is strongly recommended that you contact Ms. No .II . ith .ran of the NC
Division of Water Quality at [phone] to determine State requirements for working in isolated wetlands.
The proposed project does not have a regulated impact on jurisdictional waters or wetlands
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in
jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers
prior to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other
required Federal, State, or local approvals/permits.
Date: September 16- 2004
Corps Regulatory Official: Telephone: (.910) 251-4811
SAW Form 654
February 1999
U.S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500278
County: Carteret
U.S.G.S. Quad: Masontown
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Jay Conner Agent: Larrv Baldwin Land Management Group
197 Salter Path Road, Pine Knoll1Shores NC 28512 PO Box 2522, Wilmin ton NC 28402
[phone] [phone]
Size and location of property (waterbody, road name/number, town, etc.) The 15-acre tract is located in the northwest
corner of US Hwy 70 and Nine Foot Road (SR 1124), north of the Dollar Store in the Foodlion Shonninc Center, in
headwaters of an unnamed tributary to the Newport River, Newport, Carteret Countv. North Carolina.
Indicate Which of the Followinfy Applv:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine; the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are wetlands in the northwest corner of the above described property subiect to the permit reouirements of Section
404 of the Clean Water Act (CWA)(33 USC & 1344). Unless there is a change in the law or our published regulations this
determination may be relied upon for a period not to exceed five years from the date of this notification Please reference
my December 1, 2004 onsite meeting with Mr. Baldwin. Additionally, there are isolated wetlands on the tract that are not
regulated due to absence of interstate commerce. It is strongly recommended that you contact North Carolina Division of
Water Oualitv in Wilmineton, at [phone], to determine the need for State authorization to work in these isolated
areas.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The wetlands on your property have been delineated, and we strongly suggest you have this delineation surveved.
Upon completion, this survey should be reviewed and verified by the Corps. Once verified this survey will provide an
accurate depiction of all areas subiect to CWA iurisdiction on your property, which, provided there is no change in the law
or our published regulations, may be relied upon for a period not to exceed five years. Please be aware that any placement
of fill material water-ward of the flagged line requires prior DA authorization from our office.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, at [phone], to determine
their requirements.
Corps Regulatory Official:
Date December 16, 2004 Expiration Date December 16, 2009
Page 1 of 2
I
Action Id. 200500278
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact me at [phone].
Basis For Determination: The wetlands on the property are adjacent to an unnamed tributarv to the Newport River a
Section 10 navigable water bodv.
Corps Regulatory Official (Initial): ME
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property o-,yner/agent copy of this form.
• If the property contains isolated] wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 of 2
5ep.JU. 1UU5 11:52AM STROUD ENGINEERING P A No. 3894 P. 2
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
in the determination of jurisdictional wetland boundaries on the subject property,
Co-C-5 ct? Wf-121 ior7V Byway of this form, I/we additionally authorize access to the
site by representatives of the US Army Corps of Engineers and/or the NC Division of
Coastal Management for the purpose of reviewing the flagged wetland boundary and
providing a final jurisdictional determination. Any questions regarding the jurisdictional
wetland determination should be directed to Land Management Group, Inc.
Please provide the following information:
Property Address and Parcel ID Number: ?Q3 3 ??/ lpl ??j
Current Property Owner Name: Nila em - W, LL C
Owner Address & Phone Number: -Vto. 13oY t Z'1 L
H022
Please circle Yes or No for the following questions:
I/We are the current owners:
Yes No
I/We are under contract to purchase the subject property: Yes No
I/We are under option to purchase the subject property: Yes No
I
I/We have no legal interest in subject property: Yes No
(i.e. speculative request-NOTE: Site access will be restricted without notice/authorization by
current owner) _1„N C
11?on1 ?L ?oN?E?.
Print Owne ' nnName
07e ignature
(not r if under contract or under option)
?E V0VV-J )VI OT ° i
lssAi L ?lwieo -?xZJ110rAAe
Print A plicant's Name
licant's Signature
?T = -?'0, -Z
Date Dat
RIP RAP
0'X 2o'X1.5'
1 PIPE INV 21.67
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A-41 N 46.18'54'E 6.90'
Al-A2 N 17.24'7A'E 12.15'
A-AJ S 46.19'51'8 4
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AI-A4 S 21.79'0
11.99
A4 _A5 5 02'90'70'1 19.02'
8-0I N 11.50'52'E 10.06'
11-02 N 15'47'54'E 20.04'
B-03 5 17'50'52'9 7.20
87-04 S 21'49'37'9 9.13'
84-05 S 41.07'11.9 17.45'
C{1 N 07.29'05'E 8.46'
C1-02 N 27.16'20'9 17.91'
C-03 5 01.29'05Y 2.28
C3-C4 S 72.20'29.9 9. D5'
C4-C5 S 24.04'52'9 9.23'
0-0I N SB'76'IB'W 7.29'8
DI-02 N 15'19'36'1 17.0'
02-0 3 N 45.27'55'1 17.55'
03-04 N 11'49'27'9 15.57'
D-05 S 5B•56'1B'E 12.35
D5 -0 6 5 36.03'42'E 8.00''
D6-01 S 5J'19'ii'E 17.11
D7-08 S 59-DO' 21,E 10.75'
D8-09 5 72'31'05'E 17.50
D9-010 N 81'26'15-E 18.51
DIO-DII N 75.25'17'E 16.39'
DI1-012 5 74'29'10'E 12.07'
D12-013 5 69.45'018E 16.77'
D13-014 5 51'47'21'E 12.12'
D14-015 S 56'J6'/7'E 25.52'
D15-016 5 15'73'/i'E 75.28'
E{1 N 10'15'19'W 2.04'
EI{2 N 17.04'57'9 20.07'
E{5 5 10.15'19'E 14.70'
ES{4 5 48'77'2B'9 19.14'
F{1 N 36.03'04'E 7.05'
FI-F2 N 07.21'20'9 13.71'
F43 5 36.07'04'9 5.81
F3-F4 5 63.49'43'9 28.71'
G-01 N 00'44'17'E 19.B3'
G-0 2 5 Gov4' 17'W 2.62
G2-G3 5 18.38'76'1 17.e5'
G7-04 5 27.27' 11'1 11.64'
-------- -- -----/
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114 NS S 56.02'0619.57'
1-11 N 11'15'21'E 1.97'
I1-12 N 16S029'E I 9.6I'
I2-17 5 11.17''21'9 21.79'
J-JI N 06.50'/7'11 4.01'
71.12 n 2e•29'4e'E n.4s'
J2-J3 5 11'1fi'S7'E 12.25'
J3-J4 N 39'09'19'E 21.76'
J,IS 5 06.50'4]'E 12.81'
J5-J6 S 48.24'45'W 14.49'
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WETLANDS HOT FLAGGED.--` / /?-\ TYPICAL, ALL CRIb551NG5 38-31
INFORMATION TAKED FROM
MAP PREPARED BY LAND
MANAGEMENT GROUP INC.
FOR WALLACE CON J J- _ / ' a s
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Environmental Consultants Permanent Fill Impacts
East Carolina Development Wilmington, N.C. Coves at Newport September 2005 Permit Application
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Coves at Newport September 2005 Permit A lication
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1998 NAPP Aerials
l
ARTICLE IX
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or
any part of the Property, the same shall be repaired or restored, and the awards paid on account
thereof shall be used and applied,in accordance with N.C. Gen. Stat. §47C-1-107.
ARTICLE X
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
A portion of this lot has been determined to meet the requirements for designation as a
wetland, stream, or protected stream buffer. Any subsequent fill or alteration of this area shall
conform to the requirements of the state rules adopted by the State of North Carolina in force at
the time of the proposed alteration. The intent of this provision is to prevent additional wetland,
stream, or buffer filling or draining, so the property owner should not assume that a future
application for filling or draining would be approved. The property owner shall report the name
of the subdivision in any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules.adopted by the State of North Carolina and therefore the
State of North Carolina may enfo}ce benefits. This covenant is to run with the land and shall be
binding on all parties and all persons claiming under them.
ARTICLE XI
TERMINATION
The Condominium may be terminated only in strict compliance with N.C. Gen. Stat.
§47C-2-118.
ARTICLE XII
AMENDMENT
This Declaration may be amended only in strict compliance with the Act, including,
without limitation, N.C. Gen. Stat §47C-2-117.
ARTICLE XIII
RIGHTS OF FIRST MORTGAGEE; V.A., FNMA, AND FHLMC PROVISIONS
The following provisions shall take precedence over all other provisions of this
Declaration and the Bylaws: RECEIVED
C 1 4 2005
'BY
13
Office Use Only: 1 1"00 LBY-- LLAorlVeIrsionay 2002
USACE Action ID No. 200500278 DWQ Na;-W
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
f` .16
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regionali or General Permit Number(s) Requested: NWP 12: GC 3374
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: ?
I
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: ?
1701,
H. Applicant Information } ` i ''
L-_ C
1. Owner/Applicant Information
Name: Ron Cullipher/Matt Montanye
Mailing Address: Stroud En ing_ eering Co.
151-A NC HWY 24W Hestron Plaza
Morehead City, NC 28557
Telephone Number: 252-247-7479 Fax Number: 252-247-4098
E-mail Address: rcullipher ,stroudengineer.com/mmontan a a,stroudengineer.com
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: Wes Fryar
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: [e-mail]
Page 5 of 14

M. 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: The Coves at Newport
2. T.I.P. Project Numbe' or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 633811663035000
4. Location
County: Carteret Nearest Town: Newport
Subdivision name (include phase/lot number): The Coves At Newport
Directions to site (include road numbers, landmarks, etc.): The 21.33-acre tract is located in
the northwest corner 'of US Hwy 70 and Nine Foot Road ( SR 1124), north of the Dollar
Store in the Foodlion Shopping Center, in headwaters of an unnamed tributary to the
Newport River, Newport, Carteret County, North Carolina.
5. Site coordinates, if available (UTM or Lat/Long): 34.7877° N 76.8604 °W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 21.33 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Newport River
8. River Basin: White Oak
(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.ne.us/admin/ma-s/.)
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 subject property is composed of 21.33 acres of
undeveloped land. It is surrounded by Nine Foot Road to the south, a Foodlion Shopping
Page 6 of 14
Center and Highway 70 to the east, undeveloped land to the north, and residential
development to the west..
10. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to permanently fill approximately 0.473 acres of isolated, non-
jurisdictional wetlands for five road crossings and stormwater utility easements and
temporarily excavate/ fill approximately 0.14 acres of jurisdictional wetlands for the
construction of a utility easement that would flow northwest from the storm water pond
towards Howard Road (SR 1245). Dual 60" RCP Pipe will be used at the five proposed
wetland crossings for the utility easement. Mechanized land clearing necessary for the
construction of the utility line will be kept to the minimum necessarand pre-construction
contours will be maintained as near as possible. Material resulting from trench excavation
may be temporarily side cast into 404 wetlands provided that the material is not placed in a
manner that is dispersed by currents or other forces but will be backfilled as soon as the
utility line is installed! Silt fences will be used to reduce erosion into adjacent wetlands.
11. Explain the purpose of the proposed work: To create roads and a stormwater utility
easement for the Coves at Newport Subdivision.
I
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.
Mr. Mickey Sugg of the USACE has approved the wetland line for the Coves at Newport
subdivision area on December 16, 2004.
Page 7 of 14
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.
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: The applicant proposes to permanently
fill approximately 0.473 acres of isolated, non jurisdictional wetlands for five road crossings
and stormwater drainage lines, and temporarily excavate/fill approximately 0.14 acres of
jurisdictional wetlands for five wetland crossings in the construction of a utility line that
would flow northwest from the storm water pond toward Howard Road. Silt fences will be
used to reduce erosion into adjacent wetlands.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of wetland***
1 FILL 0.09 no 1500 Forested wetland
2 FILL 0.17 no --1800 Forested wetland
3 FILL 0.009 no 2000 Forested wetland
4 FILL 0.02 no 2400 Forested wetland
5 FILL 0.06 no 2400 Forested wetland
6 FILL 0.03 no 2600 Forested wetland
7 FILL
? 0.08 no 2000 Forested wetland
Page 8 of 14
Forested wetland
8 FILL 0.02 no 2000
FELL
Forested wetland
9 (temporary)
0.02
no
- 2700
FILL Forested wetland
10 (temporary) 0.02 no -2500
FILL Forested wetland
11 (temporary) 0.07 no -2400
FILL Forested wetland
12 (temporary) 0.02 no -1800
FL Forested wetland
13 (temporary) 0.01 no -1600 * 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 htt://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: 1.72 acres of
isolated wetlands on the 21.33 acre parcel (Coves at Newport section). and 0.14 acres to be
temporarily impacted for utility crossing north of property.
Total area of wetland impact proposed: Permanent: 0.473 acres of isolated wetlands-,
Temporary: 0.14 acres of jurisdictional wetlands.
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
I
I

* 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 1-800-358-9616, 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.).
Page 9of14
Cumulative impacts (linear distance in feet) to all streams on site: N/A
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name
Wate)
( applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
I
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
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.
In the site design of this proiect, wetland impacts were avoided and minimized to the maximum
extent practicable. Wetland impacts have been minimized by crossing at the narrowest points and
directing roads around the wetlands as much as possible. Impacts from utili lines will be
temporary.
Page 10 of 14
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://h2o.enr.state.ne.us/ncwetlands/stringide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Since the utility crossing impacts will be temporary _(not to exceed three months) and no
permanent maintenance features will exist through jurisdictional wetlands and isolated
wetland impacts have been reduced to 0.473 acres;
no mitigation is proposed.
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
Page 11 of 14
NCWRP, check the NCWRP website at hqp://h2o.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):
Amount of buffer; mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 ? Nol ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may bed 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 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 1?
Yes ? No ? 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.
Zone* Impact Multiplier Required
Page 12 of 14
(square feet) Miti
gation 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.
Xl. 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.
There is noe_xistina impervious cover within the property. Total proposed impervious cover will
consist of 41 buildings,? 284 parking spaces, a community center and pool, and roadways which
will be approximately 9.38 acre, or 43% of the total site. A stormwater pond will be located on
the north west corner of the pro eelly which will drain to the east towards Howard Road. The
applicant will install silt fencing around the construction area to reduce erosion into wetland
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Project will tie into local sewer system.
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No 1
Page 13 of 14
XIV. 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).

F/3n/o s
Appliclint/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
RIP RAP
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• 0.53%
A-A1 N 46.16'54E 6.90'
A1-A2 N 17.24'18'E 12.55'
A-A3 S 46.16'54'9 1.42'
A3-A4 S 21.39'01'9 11.99'
A4-AS S 02.50'30'W 19.02'
5-01 N 17'50'52'E 10.06'
B1-02 N 15.4T'S4'E 20.04'
B$3 5 il•50'52h 3.20
B3-04 S 2T•49'3Th B. T3'
84-35 5 44- 07, 11'W 17.45'
Cif N 07'29'05'E B.46'
C1 -m N 27.16'20'9 13.94'
Ci3 5 07.29'05h 2346
C3-04 S 32'20'29'15 9.05'
C4-05 5 24'04'52'9 9.23'
INV 25.02
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D-01 N 5B•56'i6'9 3.29'
D1-02 N T5'I9'36'W 17.66'
D2-03 N 45.27'55'9 13.55'
D3-04 N 11.49'23'9 15.53'
D-05 S 58.56'18'E 12.33'
D5-06 6 !6.0742'E 6.00
06-07 5 53.19'47'E 1300
D7-08 5 59'DO'21'E 10.35'
D8-09 S 72'31'05'E 17.50'
D9-0ID N 01'26'15'E 15.56'
D10-D11 N 75.25'17'E 16.39
011-D 5 T4'29'10'E 12.03'
D12-013 5 99'45'01'E 16.73
D13-014 5 5147'21'E 12.12'
D14-0 15 5 56'36'47'E 25.52'
D15-016 5 45.35'47'E 15.28'
E{t N 10.15'49'9 2.04'
E1.62 N 17.04'57'W 20. DT'
E-E3 5 10.15'49'E 14.30'
E3-E4 5 4B•33'28h 19.14'
Fit N 36.03'04'E 7. DS'
Fl-F2 N 07.21'20'N 13.71'
Ff3 S 36.03'04h 5.61'
F3-f4 S 63.49'43'N 28.71'
G-01 N 00.44'13'E 18.63'
C-W 5 DO.44'13'9 2.62
02-03 S 18•38'36'9 13. B5'
G3-04 5 27.23'1191 17.64'
H1i12 N 30'47'43'9 22.03'
H-H3 5 43.28'21'E 3.92'
H3-H4 S 59.09'20'E 17.80
H4-05 5 56'D2'OG'E 19.53'
I-I1 N 11.15'21'E 1.97'
I1-I2 N 16.5D'29'E 115.61'
12-f3 5 11'15'21'9 21.79'
J-01 N D6'5D'43h 4.04'
J1?Ip N 25 29'4W'E 17.46'
J2?13 S 71.16'57, 12.25'
J3-J4 N 39.09'199: 21.76'
"5 5 D6'50'43'E 12.51'
JS-J 5 48.2445'9 14. 49'
-------------------------- 1

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SE i.AtDS s 1652.09 Y 1F WARDS 0 }B2E.6? S ?!? Svc iiawnp
B 7595.92 SF E 7564.30 SF
C E60.61 5F F 705.89 SF
D 6161-55 SF b 023.70 SF 6E71lBOSEILLEfMfT
1v39.65 SF N 2488.31 SF
F 210i_47 5F K '&2;:a SF
6 2161G.49 SF
THE C01IES Af N O T {?'
X 724E_36 Sr L 703.32 SF
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• SHEET 6 16
Ron Cullipher, PE Land Management Group, Inc. Figure # 2
Stroud Engineering Company Environmental Consultants
East Carolina Development Wilmington, N.C. Permanent Fill Impacts
Coves at Newport September 2005
04-04-512 Permit Application

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I -VVV

6 ?
Ron Cullipher, PE
Stroud Engineering Company Land Management Group, Inc. Figure # 1
Environmental Consultants Site Plan
East Carolina Development Wilmington, N.C.
Coves at Newport September 2005 Permit Alication
04-04-512 pp
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200401155
County .art.r .t
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property Owner: Wallace Conner Agent- Larry Baldwin, I and Management (;
IMLP
197 Salter Path Road Pine Knoll Shor .G N 851 PO Box 52 Wilmington NC 2odn2
[phone] [phone]
Size and Location of project (waterbody, road name/number, town, etc.) The 1.5-acre tract is located on th north sid
of Nine Foot Road (SR 1124) across from Parker Co 1rt and behind the Food ion Sho ing enter in N port.
Carteret County, North Carolina.
Your work as described above does not require Department of the Army authorization for the following reason(s):
-X_ There are no jurisdictional waters or wetlands within the bo lndaries of the proj t as describ d ahoy All
areas have been determined to isolated and no inters at _ .omm .r .. was fo nd. This determination is effective for five
years from the date of this notification J It is strongly recommended that you contact MS No II etheran of th N
Division of Water Quality, at (910) 395=3900, to determine Stat , r .quiremPnts for working in isolated wetlands.
The proposed project does not have a regulated impact on jurisdictional waters or wetlands
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in
jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers
prior to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other
required Federal, State, or local approyals/permits.
Date:'SSeptember 16, 2004
Corps Regulatory Official:
SAW Form 654
February 1999
Telephone: [phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500278 County: Carteret U.S.G.S. Quad: Masontown
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Jay Conner Alzent: Larry Baldwin, Land Management Group
197 Salter Path Road, Pine Knoll Shores NC 28512 PO Box 2522, Wilmington NC 28402
[phone] . [phone]
Size and location of property (waterbody, road name/number, town, etc.) The 15-acre tract is located in the northwest
corner of US Hwy 70 and Nine Foot Road (SR 1124), north of the Dollar Store in the Foodlion Shopping Center, in
headwaters of an unnamed tributary to the Newport River, Newport, Carteret County, North Carolina.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are wetlands in the northwest corner of the above described propeEty subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC ? 1344). Unless there is a change in the law or our published regulations, this
determination may be relied tipon for a period not to exceed five years from the date of this notification. Please reference
my December 1, 2004 onsite meeting with Mr. Baldwin. Additionally, there are isolated wetlands on the tract that are not
regulated due to absence of interstate commerce.. It is strongly recommended that you contact North Carolina Division of
Water Quality in Wihnington, at [phone], to determine the need for State authorization to work in these isolated
areas.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The wetlands on vour nronerty have been delineated, and we strongly suggest you have this delineation surveyed.
Upon completion this survey should be reviewed and verified by the Corps Once verified this survey will provide an
accurate depiction of all areas subject to CWA jurisdiction on our property, which, provided there is no change in the law
or our published regulations may be relied upon for a period not to exceed five years. Please be aware that any placement
of fill material waterward of the flagged line requires prior DA authorization from our office.
_ The wetlands have been delineatied and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X
(CAMA) You should contact the Division of Coastal Management in Morehead City, at [phone], to determine
their requirements.
Corps Regulatory Official:
Date December 16, 2004 J Expiration Date December 16, 2009
Page 1 of 2
Action Id. 200500278
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact me at [phone].
Basis For Determination: The wetlands on the property are adjacent to an unnamed tributary to the Newport River a
Section 10 navigable water body.
Corps Regulatory Official (Initial): MTS
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
• Page 2 of 2
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ep.30. 2005 11:52AM STROUD ENGINEERING P A
No. 3894 P. 2
REC?IVEI?
AGENT AUTHORIZATION FORM
DEC C 1 4 2005
BY:
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent
in the determination of jurisdictional wetland boundaries on the subject property,
eo?5 A WL-? . jBy way of this form, Uwe additionally authorize access to the
site by representatives of the US Army Corps of Engineers and/or the NC Division of
Coastal Management for the purpose of reviewing the flagged wetland boundary and
providing a final jurisdictional determination. Any questions regarding the jurisdictional
wetland determination should be directed to Land Management Group, Inc.
Please provide the following information:
Property Address and Parcel ID Number.
Current Property Owner Name: {xuu em _ %4 LL C.
Owner Address & Phone Number: 12n(.

Please circle Yes or No for the following questions:
I We are the current owners: Yes No
I/We are under contract to purchase the subject property: Yes No
I/We are under option to purchase the subject property: Yes No
I/We have no legal interest in subject property: Yes No
(i.e. speculative request- NOTE: Site access will be restricted without notice/authorization by _
current owner) 0 f .r- a _.1.?1! C
J,+cI??c?J ? ?oNI?E?
Print =Owne' Name
Owne ignature
(not rq(luirg if under contract, or under option)
p 11saN L
Print A plicant's Name
licant's Signature
?t? '?l Z d 0
Date ) ` Dat
a
A
ARTICLE IX
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or
any part of the Property, the same shall be repaired or restored, and the awards paid on account
thereof shall be used and applied in accordance with N.C. Gen. Stat. §47C-1-107.
ARTICLE X
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
A portion of this lot has been determined to meet the requirements for designation as a
wetland, stream, or protected stream buffer. Any subsequent fill or alteration of this area shall
conform to the requirements of the state rules adopted by the State of North Carolina in force at
the time of the proposed alteration. The intent of this provision is to prevent additional wetland,
stream, or buffer filling or draining, so the property owner should not assume that a future
application for filling or draining would be approved. The property owner shall report the name
of the subdivision in any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce benefits. This covenant is to run with the land and shall be
binding on all parties and all persons claiming under them.
ARTICLE XI
TERMINATION
The Condominium maybe terminated only in strict compliance with N.C. Gen. Stat.
§47C-2-118. i
ARTICLE XII
AMENDMENT
This Declaration may be amended only in strict compliance with the Act, including,
without limitation, N.C. Gen. Stat. §47C-2-117.
ARTICLE XIII
RIGHTS OF FIRST MORTGAGEE; V.A., FNMA, AND FHLMC PROVISIONS
The following provisions shall take precedence over all other provisions of this
' Declaration and the Bylaws:
CITED
D E C 1 4 2005
BY:
13
P ,: 5 2216

NORTH CAROLINA ?-
CARTERET COUNTY DECLARATION OF CONDO INII
OF THE COVES AT NEWP I 2005
CONDOMINIUMS
THIS DECLARATION, made this. /7, day of 207byy heCoves at
Newport II, Inc., a North Carolina Corporation, hereafter designated "Developer," pursuant to the
Uniform Condominium Act, Chapter 47C of the General Statutes of North Carolina:
WITNESSETH:
WHEREAS, Developer is the owner in fee simple of certain real estate situated in
Carteret County, North Carolina, legally described in Exhibit "A," together with all buildings and
improvements now or hereafter constructed or located thereon, and all rights, privileges,
easements and appurtenances belonging to or in any way pertaining to said real estate; and
WHEREAS, Developer desires to submit all of said property to the Act;
NOW, THEREFORE, Developer, as the owner of said property hereby declares as
follows:
ARTICLE I E?
DEC DEFINITIONS d 9 2005
As used herein, the following words and terms shall have the following meaning"SJn'.FnvV,<<7%CN
1.1 Act.
Uniform Condominium Act, Chapter 47C, General Statutes of North Carolina.
1.2 Association.
The Coves at Newport II Homeowners' Association, Inc., a North Carolina non-profit
corporation organized pursuant to Article III of the Act, and its successor and assigns.
1..3 Board.
The Board of Directors of the Association.
1.4 Bylaws.
The Bylaws of the Associations which are hereby incorporated herein and made a part
hereof by this reference and attached hereto as Exhibit "E".
1.5 Common Elements.

All portions of the Condominium except the Units and Limited Common Elements are
Common Elements.
1.6 Common Expenses.
Expenditures made or liabilities incurred by or on behalf of the Association, together with
anv allocations to resen'e.
1.7 Condominium.
The Condominium created by this Declaration.
1.3 Declarant.
Developer and (i) any other person who has executed this Declaration except a Security
Holder executing this Declaration for purposes of subordinating its interest, and (ii) any person
who succeeds to any special Declarant rights pursuant to the Act, and (iii) any successors and
assigns of Developer specifically assigned the rights of Developer hereunder by written
instrument recorded in the office of the Register of Deeds of Carteret County.
19 Declarant Control Period.
The period of time beginning with the recordation of this Declaration and ending when
Declarant's right to select two (2) Directors of the Association terminates.
1.10 First Mortgage and First Mortgagee.
A First Mortgage is a mortgage or deed of trust which has been recorded so as to give
constructive notice thereof, and which is a first lien on the Unit described therein. A First
Mortgagee is the holder, from time to time, of a First Mortgage as shown by the records of the
office in which the First Mortgage is recorded, including a purchaser at foreclosure sale upon
foreclosure of a First Mortgage until expiration of the mortgagor's period of redemption. If there
be more than one holder J a First '~-lortgage, they shall be considered as, and act as, one First
Mortgage for all purposes under this Declaration and the Bylaws.
1.11 Floor Plans.
The Floor Plan of the Condominium recorded with and by the Act made apart of this
Declaration, as the same may hereafter be amended. The plans for The Coves at Newport II
Condominiums recorded in Map Boot: Page , Carteret County Registry are
incorporated herein.
1.12 Limited Common Elements.
Those portions of the Common Elements allocated by operation of N. C. Gen. Stat.
§47C-2-102(2)(4) of the Act for the exclusive use of one but fewer than all of the Units and also
2
A

any Limited Common Elements specifically allocated to Units on Exhibit "B."
1.13 Occupant.
Any person or persons in possession of a Unit, including Unit Owners, the family
members, lessees, guests, and invitees of such person or persons, and family members, guests
and invitees of such lessees.
1.14 Person.
A natural person, corporation, partnership, trust or other entity, or any combination
thereof.
1.15 Property.
The real estate described on Exhibit "A," together with all buildings and improvements
now or hereafter constructed or located thereon, and all rights, privileges, easements and
appurtenances belonging to or in any way pertaining to said real estate.
I 1.16 Security for an Obligation.
The vendor's interest in a contract or deed, mortgagee's interest in a mortgage, trustee's
interest in a deed of trust, purchaser's interest under a sheriffs certificate of sale during the period
of redemption, or the holder's interest in a lien.
1.17 Security Holder.
Any person owning a Security for an Obligation in a Unit.
1.18 Unit.
That portion of the Condominium, whether or not contained solely or partially within a
building, together with its percentage of undivided interest in the Common Elements as set forth
on Exhibit "C." Each Unit is designated and delineated on the Floor Plans.
1.19 Unit Boundaries.
Pursuant to N.C. Gen. Stat. §47C-2-102, all walls, floors, and ceilings are designated, as
boundaries of the Units. Therefore windows and doors of the Unit are part of the Unit. The
ductwork, the air handler, and compressor of the HVAC system are all a part of the Unit. The
recorded plans of the Condominium are incorporated herein.
1.20 Unit Owners or Owner.
The person or persons, including the Declarant, owning a Unit in fee simple, including
contract-for-deed purchasers of a Unit, but excluding contract-for-deed purchasers of a Unit who
are Security Holders, and also excluding all other Security Holders.
3
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9'
ARTICLE II
SUBMISSION OF PROPERTY TO THE ACT
2.1 Submission.
Developer hereby submits the Property to the Act.
2.2 N am e.
The property shall hereafter be known as The Coves at Newport, II Condominiums.
2.3 Division of Property Into Separately Owned Units.
Developer, pursuant to the Act, and to establish a plan of condominium ownership for the
Condominium, does hereby divide the property into forty-one (41) buildings, with each building
having two (2) Units and does hereby designate each such Unit for separate ownership, subject,
however, to the provisions of Section 2.4 hereof. The actual size, floor plan, and configuration
of the Units may differ from the proposed site plan and/or marketing materials.
2.4 Alterations of Units.
Subject to the provisions of the Bylaws, a Unit may be altered pursuant to the provisions
ofN.C. Gen. Stat. §47C-2-113(a) and (b) of the Act.
2.5 Limited Common Elements.
The Limited Common Elements serving or designated to serve each Unit are hereby
allocated solely and exclusively to each such Unit. In addition to those defined in Section 1. 12,
Limited Common Elements include those set forth on Exhibit "B" and are hereby allocated to
Units as shoNvn on Exhibit "B."
2.6 Unit Allocations.
The allocations to each Unit of a percentage of undivided interest in the Common
Elements, of votes in the Association, and of a percentage of the Common Expenses, are as
stated on Exhibit "C."
2.7 Condominium Ordinances.
The Condominium is not subject to any code, real estate use law, ordinance, charter
pr vision or regulation (i) prohibiting the condominium for Unit Ownership, or (ii) imposing
conditions or requirements upon a condominium which are not imposed upon physically similar
developments under a different form of ownership. This statement is made pursuant to N.C.
4
Gen. Stat. §47C-1-106.
3.1 Encroaclunents.
ARTICLE III
EASEMENTS
In the event that, by reason of the construction, re-construction, rehabilitation, alteration,
or improvement of the buildings or improvements comprising a part of the Property, any part of
the Common Elements now or hereafter encroaches upon any part of any Unit, or any part of any
Unit now or hereafter encroaches upon any part of the Common Elements, or upon any part of
another Unit, an easement for the continued existence and maintenance of each such
encroachment is hereby declared and granted and shall continue for so long as each such
encroachment exists; provided that in no event shall an easement for such encroachment be
created if such encroachment' is detrimental to or interferes with the reasonable use and
enjoyment of the Common Elements or Units so encroached upon.
3.2 Easements Through Walls.
Easements are hereby declared and granted to the Association and to such persons as are
authorized by the Association, to install, lay, maintain, repair and replace any chutes, flues,
ducts, vents, pipes, wires, conduits, and other utility installations, and structural components
running through the walls of the Units, whether or not such walls lie in whole or in part within
the boundaries of any Unit.
33 Easements to Repair, Maintain, Restore and Reconstruct.
Wherever in, and whenever by, this Declaration, the Bylaws or the Act, a Unit Owner,
the Association, the Board, or any other person, is authorized to enter upon a Unit or the
Common Elements to repair, maintain, restore or reconstruct all or any part of a Unit or the
Common Elements, such easements as are necessary for such entry and such repair,
maintenance, restoration, or reconstruction are hereby declared and granted.
I
3.4 Declarant's Easements.
Declarant hereby reserves such easements tlu-ough the Common Elements as may be
reasonably necessary for the purposes of discharging its obligations and completing the
development and construction of the Condominium, which easements shall exist as long as
reasonably necessary for such purposes.
3.5 Construction Easements.
Declarant hereby expressly reserves such easements through the Common Elements as
5
may be reasonabl-,- necessary for the purposes of allowing Declarant to construct additional Units
on property allowed to be annexed into this Condominium by a specific provision of this
Declaration, a part of which construction may occur upon the Common Elements.
3.6 Easements to Run With the Land.
All easements and rights described in this Article are appurtenant easements running with
the land, and except as otherwise expressed shall be perpetually in full force and effect, and shall
inure to the benefit of and be binding upon Declarant, the Association, Unit Owners, Occupants,
Security Holders, and any other person having an interest in the Condominium or any part of any
thereof The Condominium and every part thereof shall be conveyed and encumbered subject to
and together with all easements and rights described in this Article, whether or not specifically
mentioned in any such conveyance or encumbrance.
ARTICLE IV
RESTRICTIONS, CONDITIONS AND COVENANTS
4.l Compliance with Declaration, Bylaws and Rules and Regulations.
Each Unit Owner and Occupant shall comply with all applicable provisions of the Act,
this Declaration, the Bylaws, the rules and regulations promulgated by the Boards, or the
Associations, as amended. Failure to comply shall be grounds for an action by the Associations,
an a:-!grieved Unit Owner, or any person adversely affected, for recovery of damages, injunction
or other relief.
4? Administration of Condominium.
The Condominium shall be administered in accordance with the provisions of the Act,
this Declaration and the Bylaws.
4.3 Use Restricted.
The Unit shall be occupied and used by Unit Owners and Occupants for residential
purposes only.
4.4 Hazardous Use and Waste.
Nothing shall be done to or kept in any Unit or the Common Elements that will increase
any rate of insurance maintained with respect to the Condominium without prior written consent
of the Board. No Unit Owner or Occupant shall permit anything to be done to or kept in his Unit
or the Common Elements that,, ill result in the cancellation of insurance maintained with respect
to the Condominium, or that would be in violation of any law, or that will result in the
commiu-nent of ;waste (damage, abuse or destruction), to or in his Unit or the Common Elements.
4.5 Alterations of Common Elements.
No Unit Owner or Occupant, except Declarant during the Declarant Control Period, shall
alter, construct anything upon, or remove anything from the Common Elements, or paint,
decorate, landscape or adorn any portion of the Common Elements, without the prior written
consent of the Board.
4.( Pets.
Normal household pets may be allowed in the Condominium. Pets must remain within
the unit or be restrained on a leash and accompanied when outside the unit. Such owner is
further specifically obligated to remove from any Common Elements any solid waste produced
by said pet. The Board may promulgate reasonable, additional regulations with regard to pets.
4.7 Rules and Regulations.
In addition to the foregoing restrictions, conditions and covenants concerning the use of
the Condominium, reasonable rules and regulations not in conflict therewith and supplementary
thereto may be promulgated and amended from time to time by the Board or the Association as
more fully provided in the Bylaws.
4.8 Rentals.
The units may be rented. The Owner shall be responsible for ensuring that any renter
abides by the provisions of this Declaration and the rules and regulations established by the
Board. Any Owner electing to rent a Unit must provide in writing to the Association a statement
indicating that said Owner is intending to rent or lease a Unit, which notice must specify the
agent or property manager responsible for renting or leasing the Unit, with responsibility for the
conduct of such renters.
4.9 Common Use Facilities.
The Boards on behalf of the Associations are specifically authorized to restrict or prohibit
mailboxes, newspaper boxes or other such amenities. The Boards are authorized to require that
mail be collected at a post office box, or, if the Boards so determine, that snail be collected in
uniformly approved or joint use mail collection locations and facilities.
4.10 Parking.
No trailers, boat trailers, boats, campers, motor homes, trucks over one (1) ton, service
vehicles, tractors, no unlicensed or inoperative motor vehicles, or other vehicles shall be allowed
to be parked on any Limited Common Elements.
7

II Prohibited Activities.
No business. noxious or offensive trade, or activity shall be carried on upon or in any
Unit, nor shall anything be done which will become an annoyance or nuisance to the
neighborhood.
+.12 Restrictions, Conditions; and Covenants to Run With The Land.
Each Unit Owner and Occupant shall be subject to all restrictions, conditions and
covenants of this Declaration, and all such restrictions, conditions and covenants shall be deemed
to be covenants running with the land, and shall bind every person having any interest in the
Property, and shall inure to the benefit of every Unit Owner.
ARTICLE V
ASSESSNIENTS
5.1 Assessment of Liens.
The Boards have the power to levy assessments against the Units for Common Expenses.
Such assessments shall be a lien on the units against which they are assessed, and if any
payment thereof becomes delinquent, the lien may be foreclosed and the Unit sold, or a money
judgment obtained against the persons liable therefore, all as set forth in the Bylaws. However,
Declarant shall not be assessed for any unsold units without its consent.
?.2 Personal Liability of Transferee; Statement: Liability of First Mortgagee.
a. The personal obligation for assessments, which are delinquent at the time of
transfer of a Unit, shall not pass to the transferee of said Unit unless said delinquent assessments
are expressly assumed by the transferee.
b. Any transferee referred to in (a) above shall be entitled to a statement from the
Boards, pursuant to Section 8.10 of the BylaNvs, and such transferee's Unit shall not be subject to
a lien for anv unpaid assessments against such Unit in excess of the amount therein set forth.
C. Where a mortgagee, or other person claiming through such mortgagee, pursuant
to the remedies provided in a mortgage or deed of trust, or by foreclosure, or by deed in lieu of
foreclosure, obtains title to a Unit, the liability of such mortgagee, or such other person, for
assessments shall be only for the assessments, or installments thereof, that would become
delinquent if not paid after acquisition of title. For purposes hereof, title to a Unit shall be
seemed acquired by foreclosure upon expiration of the applicable period of redemption.
d. Without releasing the transferor from any liability therefore, any unpaid portion of
assessments which is not a lien under (b) above, or resulting, as provided in (c) above, from the
exercise of remedies in a mortgage or deed of trust, or by foreclosure thereof, or by deed in lieu
of such foreclosure. shall be a Common Expense collectible from all Unit Owners, including the
transferee under (b) above, and the mortgagee or such other person under (c) above who acquires
ownership by foreclosure or by deed, or assignment, in lieu of foreclosure.
53 Prohibition of Exemption From Liability For Contribution Toward Common
Expenses.
No Unit Owner may exempt himself from liability for his share of the Common Expenses
assessed by the Association by waiver of the use or enjoyment of any of the Common Elements
or by abandonment of his Unit or otherwise.
ARTICLE VI
MANAGEMENT, MAINTENANCE, REPAIRS, REPLACEMENTS, ALTERATIONS AND
IMPROVEMENTS.
6.1 Common Elements.
a. By the Association. The management, replacement, maintenance, repair,
alteration and improvement of the Common Elements shall be the responsibility of the
Association, and, subject to the provisions of Section 6.2 hereof, the cost thereof shall be a
Common Expense to the extent not paid by Unit Owners pursuant to Section 6.1(b) hereof. All
damage caused to a Unit by any work on or to the Common Elements done by or for the
Association shall be repaired by the Association, and the cost thereof shall be a Common
Expense.
The Association specifically has the obligation and requirement to maintain the
swimming pool and surrounding area. The Association shall establish rules for the use of and
access to the swimming pool or surrounding area.
b. By Unit Owners. Each Unit Owner shall pay all costs to repair and replace all
portions of the Common Elements that may become damaged or destroyed by reason of his
intentional acts or the intentional acts of any Occupant of his Unit. Such payment shall be made
upon demand by the Association.
C. Common Utilities. The water/sewer system extending from each Unit until such
point, as the water/sewer system becomes the property and responsibility of the Town of
Newport shall be a common area, and its maintenance, inspection, and repair shall be a common
expense.
The Association shall further pay all common area utility charges, such as common area
electrical lights, common area irrigation, or water systems, and shall repair and maintain any
signage on Common Elements.
d. Any and all storm water retention ponds together with all pipes and drains
associated with those ponds shall be common elements of the Condominium.
e. Any entrance way gates and activation mechanisms shall be common elements of
9
the Condominium.
f. Any recreational areas, to specifically include, but not limited to, a swimming
pool, clubhouse, and related areas shall be common elements of the Condominium.
6.2 Expenses Associated Nyith Limited Common Elements Or Benefiting Less Than All
Units.
a. Any Common Expense associated with the maintenance, repair, or replacement of
a Limited Common Element shall be a common expense.
b. In addition, the Association may assess any Common Expense benefiting less
than all of the Units against the units benefited in proportion to their Common Expense liability.
6._3 Units.
Each Unit Oiwaier: shall maintain his Unit at all times in a good and clean condition, and
repair and replace at his expense all portions of his Unit; shall perform his responsibilities in
such manner as not to unreasonably disturb other Occupants; shall promptly report to the Board,
or its agents, anv defect or need for repairs, the responsibility for which is that of the
Association; and to the extent that such expense is not covered by the proceeds of insurance
carried by the Association, shall pay all costs to repair and replace any portion of another Unit
that has become damaged or destroyed by reasons of his own acts or omissions, or the acts or
omissions of any Occupant of his Unit. Such payment shall be made upon demand by the Unit
O•.vners of such other Unit. 'Nothing herein contained shall modify any waiver by insurance
companies of rights of subrogation.
6.4 Waiver of Claims.
Except only as provided in Section 6.5 (a) and (b), the Association agrees that it shall
make no claim against the Unit Owner or Occupant, and each Unit Owner and Occupant agrees
that he shall make no claim against the Association, members of the Board, officers of the
Association, or employees or agents of any thereof, or against any manager retained by the
Board or his or its officers, directors, employees or agents, or other Unit Owners or Occupants,
for any loss or damage to any of the Property, or to a Unit or personal property therein, even if
caused by the omission or neglect of any one or more of such persons and all such claims are
hereby waived and released; provided, that this waiver shall not apply to any such loss or
damage due to intentional acts; provided further, this .giver is void if application of the same
Nyill result in loss of insurance coverage by the party suffering the damage.
6.5 Right of Entry.
a. By the Association. The Association, and any person authorized by the
Association, may enter any Unit or any of the Limited Common Elements in case of any
emergency cr dangerous condition or situation originating in or threatening that Unit or any of
the Limited Common Elements. The Association, and any person authorized by the association,
10
after reasonable notice to a Unit Owner or Occupant, may enter that Unit or any of the Limited
Common Elements for the purposes of performing any of the Association's duties or obligations,
or exercising any of the Association's powers under the Act, this Declaration, or the Bylaws with
respect to that or any other Unit, any Limited Common Elements, or the Common Elements.
Notwithstanding Section 6.4, the Association shall be responsible for any damage caused by the
Association, or its authorized person, to the entered Unit, and the cost thereof shall be a Common
Expense. All such entries shall be made and done so as to cause as little inconvenience as
possible to the Unit Owner and Occupant of the entered Unit or any portion of the Limited
Common Elements allocated to the Unit Owner.
b. By Unit Owners. Each Unit Owner and Occupant shall allow other Unit Owners
and Occupants, and their representatives, to enter his Unit, or Limited Common Elements
allocated to his Unit, when reasonably necessary for the purpose of altering, maintaining,
repairing, or, replacing the Unit, or performing the duties and obligations under the Act, this
Declaration, or the Bylaws of the Unit Owner or Occupant making such entry, provided that
requests for entry are made in advance and that such entry is at a time convenient to the Owner
or Occupant whose Unit or Limited Common Element is to be entered. In case of an emergency
or dangerous condition or situation, such right of entry shall be immediate. Notwithstanding
Section 6.4, the person making such entry shall be responsible for repair of any damage caused
by such person to the entered Unit or Limited Common Element.
ARTICLE VII
INSURANCE
7.1 Casualty Insurance.
The Association shall maintain casualty insurance upon the Property in the name of, and
the proceeds thereof shall be payable to, the Association, as Trustee for all Unit Owners and
Security Holders as their interest may appear, and such proceeds shall be disbursed pursuant to
the Act. Such insurance shall be in an amount equal to but not less than the full insurable value
of the Property on a replacement cost basis and shall insure against such risks and contain such
provisions as the Board from time to time shall determine, but at a minimum shall conform in all
respects to the requirement of the Act, and shall provide that, notwithstanding any provision
thereof that gives the insurer an election to restore damage in lieu of making a cash settlement,
such option shall not be exercisable if such restoration is prohibited pursuant to the Act.
Deductibles shall be as determined by the Board of Directors of the Association and shall be a
common expense of the Association.
7.2 Public Liability Insurance.
The Association shall maintain public liability insurance for the benefit of the Unit
Owners, Occupants and holders of a vendor's interest in a contract for deed on a Unit, the
Association, the Board, the manager, if any, the Declarant, and their respective officers,
directors, agents and employees, in such amounts and with such coverage as shall be determined
by the Board. Limits on liability may be altered from time to time by the Board. Said insurance
shall contain a se -crability of interest endorsement precluding the insurer from denying liability
because ofneglioent acts of any insured; insure all of such benefited parties against such liability
arising out of or in connection with the use, ownership, or maintenance of the Common
Elements, and the streets, sidewalks and public spaces adjoining the condominium; and insure
the Association. the Board, the manager, if any, and their respective officers, directors, agents,
and employees against such liabilitv arising out of or in connection with the use or maintenance
of the Units.
7.3 Other Insurance.
The Association may procure such other insurance as it may from time to time deem
appropriate to protect the Association or the Unit Owners.
7.4 Insurance Trustee.
The Board may engage, and pay as a common Expense, any appropriate person to act as
a^ insurance trustee to receive and disburse insurance proceeds upon such terms as the Board
mall determine. consistent with the provisions of the Act and this Declaration.
7.5 Individual Policv for Unit Owners.
Each Unit Owner may obtain insurance, at his own expense, affording personal property,
additional living expense, condominium assessment, personal liability, and any other coverage
obtainable, to the extent and in the amount such Unit Owner deems necessary to protect this own
interest; provided that any such insurance shall contain waivers pursuant to t Section 6.4 and
shall provide that it is without contribution as against the insurance purchased by the
Association. If a casualty loss is sustained and there is a reduction in the amount of the proceeds
that would be otherwise be payable on the insurance purchased by the Association to the
proration of the insurance purchased by a Unit Owner under this Section, such Unit Owner shall
be liable to the Association to the extent of such reduction and shall pay the amount of such
reduction to the Association upon demand, and assigns the proceeds of his insurance, to the
extent of such reduction, to the Association.
ARTICLE VIII
CASUALTY DANIAGE
If all or any part of the Property shall be damaged or destroyed, the same shall be
repaired or replaced, and the proceeds of insurance shall be used and applied in accordance with
the provisions of .C. Gen. Stat. §47C-3-113.
12
ARTICLE IX
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or
any part of the Property, the same shall be repaired or restored, and the awards paid on account
thereof shall be used and applied in accordance with N.C. Gen. Stat. §47C-1-107.
ARTICLE X
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
A portion of this lot has been determined to meet the requirements for designation as a
wetland, stream, or protected stream buffer. Any subsequent fill or alteration of this area shall
conform to the requirements of the state rules adopted by the State of North Carolina in force at
the time of the proposed alteration. The intent of this provision is to prevent additional wetland,
stream, or buffer filling or draining, so the property owner should not assume that a future
application for filling or draining would be approved. The property owner shall report the name
of the subdivision in any application pertaining to said rules. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and therefore the
State of North Carolina may enforce benefits. This covenant is to run with the land and shall be
binding on all parties and all persons claiming under them.
ARTICLE XI
TERMINATION
The Condominium may be terminated only in strict compliance with N.C. Gen. Stat.
§47C-2-118.
ARTICLE XII
AMENDMENT
This Declaration may be amended only in strict compliance with the Act, including,
without limitation, N.C. Gen. Stat. §47C-2-117.
ARTICLE XIII
RIGHTS OF FIRST MORTGAGEE; V.A., FNMA, AND FHLMC PROVISIONS
The following provisions shall take precedence over all other provisions of this
Declaration and the Bylaws: R , CEIVED
DEC 1 4 2005
BY:
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12.1 Availability of Condominium Documents, Books, Records, and Financial Statements.
The Association shall, upon request and during normal business hours, make available for
inspection by Unit Owners and the first mortgagees and the insurers and guarantors of a first
mortgage on any unit, current copies of the Declaration; the Bylaws, other rules and regulations
governing the Condominium and the books, records, and financial statements of the Association.
The Association shall provide a financial statement for the preceding fiscal year if requested in
writing by a first mortgagee or insurer or guarantor of a first mortgage. The Association shall;
upon request and during normal business hours, make available for inspection by prospective
purchasers of Units, current copies of the Declaration, Bylaws, other rules and regulations
,overnirg the Condominium, and the most recent annual audited financial statement (if one is
prepared).
12.2 Successor's Personal Obligation for Delinquent Assessments.
The personal obligation for assessments -vvhich are delinquent at the time of transfer of a
Unit shall not pass to the successors in title or interest to said Unit unless said delinquent
assessments are expressly assumed by them.
12.3 Riehts of Action.
The Association and any aggrieved Unit Owner shall have a right of action against Unit
O%vners and anv aggrieved Unit Owners shall have a right of action against the Association for
failure to comply with the provisions of this Declaration, the Bylaws and the rules, regulations,
and decisions of the Association made pursuant to authority granted to the Association in this
Declaration and the Bylaws.
12.4 Management and Other Agreements
Any management agreement between the Declarant or the Association and a professional
manager, or any other agreement providing for services of the Developer, sponsor, builder or
Declarant, shall be terminable by either party thereto without cause and without payment of a
termination fee upon not more than thirty (30) days prior written notice and shall not exceed a
term of three (3) years, subject to renewal by the consent of both parties.
12.5 Consent of First Mortgagees
This Section 12.5 shall be effective only if, at the time this Section would apply, at least
one Unit is subject to financing. Any decision to terminate the Condominium for reasons other
than substantial destruction or condemnation of the Property shall require the prior written
consent of Security Holders, as defined in Section 12.7 hereof, representing 100% of the votes
allocated to Units subject to First N.1ortgages held by eligible Security Holders. Any amendment
to the Declaration or Bylaws which changes any of the following shall require the prior written
consent of all Unit Owner and of all eligible Security Holders:
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(a) Voting Rights;
(b) Assessments, assessment liens or subordination of such liens;
(c) Reserves for maintenance, repair, and replacement of Common Elements;
(d) Responsibility for maintenance and repairs;
(e) Reallocation of interests in the Common Elements or Limited Common Elements
or rights to their use;
(f) Boundaries of any Unit;
(g) Convertibility of Units into Common Elements or Common Elements into Units.
(h) Expansion or contraction of the Condominium or the addition, annexation or
withdrawal of property to or from the Condominium;
(i) Insurance or fidelity bonds;
0) Leasing of Units;
(k) Imposition of any restrictions on a Unit Owner's right to sell, transfer or otherwise
convey his Unit;
(1) A decision by the Association to establish self management when professional
management had been required previously by any eligible Security Holder;
(m) Restoration or repair of the Condominium (after damage or destruction or partial
condemnation) in a manner other than that specified in this Declaration or the Bylaws;
(n) Any action to terminate the legal status of the Condominium after substantial
damage or destruction or condemnation; or
(o) Any provisions that expressly benefit First Mortgagees or insurers or guarantors
of first mortgages.
12.6 Consent of First Mortgagees or Unit Owners.
This Section 12.6 shall be effective only if, at the time this Section would apply, at least
one Unit is subject to financing. Except with the unanimous consent of all First Mortgagees, the
Association shall not be entitled to;
(a) By act or omission, seek to abandon or terminate the Condominium;
(b) Change the pro rata interest or obligations of any Unit for the purpose of.
15
(1) Levying assessments or charges or allocating distributions of hazard
insurance proceeds or condemnation awards, or
(ii) Determining the pro rata share of ownership of each Unit in the Common
Elements:
(c) Partition or subdivide any Unit;
(d) By act or omission, seek to abandon, partition, subdivide, encumber, sell or
tr_nsfer the Common Elements. (The granting of easements for public utilities or for other
public purposes consistent v.-ith the intended use of the Common Elements shall not be deemed a
tr4nsfer within the meaning of this clause);
(e) Use Hazard insurance proceeds for losses to any part of the Condominium,
(,.whether to Units or to Common Elements) for other than repair, replacement or reconstruction
thereof.
1?.7 Notice
Each First Mortgagee and each insurer or guarantor of a First Mortgage, upon written
request stating its mortgage held, insured or guaranteed, shall be entitled to timely written
notification by the Association of (i) any proposed action which requires consent of a specified
p rcentage of First Mortgages; (ii) any condemnation or casualty loss that affects either a
material portion of the Condominium or the Unit securing its First Mortgage; (iii) any 60-day
delinouency in the payment of assessments or charges owed by the Unit Owner of the Unit on
which the First Mortgagee held its First Mortgage or in the performance of any obligation under
this Declaration or the Bylaws by said unit Owner; or (iv) any lapse, cancellation or material
modification of any insurance policy or fidelity bond maintained by the Association. Each First
NlortL-agee who has requested the Association to notify it of any proposed action that requires the
consent of a specified percentage of eligible Security Holders shall be considered an "eligible
gecurity Holder." 'With respect only to non-material amendments (which excludes items (a ) to
(Q) of Section 12.5), such as for the correction of technical errors or for clarification, any First
Miortgagee who receives a written request by the Association, or any Unit Owner, to approve an
addition or amendment to the Declaration or Bylaws who does not deliver or post to the
requesting party a negative response within thirty (30) days shall be deemed to have approved
such request.
12.S Assessments.
Assessments shall be due and payable in monthly installments or as the Board directs. As
provided in Article V-111 of the Bvla-,vs, and as legally required by N.C. Gen. Stat. §47C-3-115 of
the Act, Dec'.arant shall pay all accrued expenses of the Condominium until assessments are
levied aL-ainst the Units. An assessment shall be deemed levied against the Unit upon the giving
c notice b% the Board to a member of the Association who is a Unit Owner of that Unit. Unit
O%vners shall have no obligation to pay monthly assessments until an assessment is levied.
Assessments will begin at such time as the Board elects.
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12.9 Rights of First Mortgagee; Insurance Proceeds or Condemnation Awards.
With respect to First Mortgages held by or for the benefit of any person, no provision of
this Declaration or the Bylaws shall be deemed to give a Unit Owner, or any other person,
priority over any rights of a First Mortgagee pursuant to its First Mortgage on said Unit Owner's
Unit, in the case of a distribution to said Unit Owner of insurance proceeds or condemnation
awards for losses to or a taking of Units and/or Common Elements.
ARTICLE XIV
GENERAL PROVISIONS
13.1 Conflict with the Act; Severability.
Should any of the terms, conditions, provisions, paragraphs, or clauses of this Declaration
conflict with any provision of the Act, the provisions of the Act shall control unless the Act
permits the Declaration to override the Act, in which event the Declaration shall control. The
invalidity of any covenant, restriction, condition, limitation, provision, paragraph, or clause of
this Declaration, or of any part of the same, or the application thereof to any person or
circumstance, shall not impair or affect in any manner the validity, enforceability or affect the
rest of this Declaration or the application of any such covenants, restrictions, conditions,
limitations, provisions, paragraphs, or clauses to any other Person or circumstance.
'13.2 Interpretation of Declaration.
Whenever appropriate singular may be read as plural, plural may be read as singular, and
the masculine gender may be read as the feminine or neuter gender. Compound words beginning
with the prefix "here" shall refer to this entire Declaration and not merely to the part in which
they appear.
113 Captions.
The captions herein are only for convenience and reference and do not define, limit or
describe the scope of this Declaration, or the intent of any provision.
13.4 Exhibits.
Exhibits "A," "B," "C," "D" and "E" attached hereto are made a part hereof.
13.5 By-Laws
The Bylaws of the Association attached hereto are made a part hereof.
17
13.6 Authority of Association.
Unless specifically limited by a provision of this Declaration or the Bylaws, any action
allowed or required to be taken by the association may be taken by a majority vote of the Board,
without joinder or approval of the members of the Association.
13.7 Unit Numbering.
TO BE DETERMINED BY DECLARANT.
I3.S Allocations.
Each Unit shall be allocated the percentage of common elements, commons expenses,
and votes as set forth in the Exhibits to this Declaration. There shall be no differentiation as to
allocations on particular matters. Upon the election by Declarant to exercise its right to annex
additional properties; all allocations will be based upon a method determined by Declarant.
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above written.
THE COVES AT NEWPORT II, INC.
BY
JACKSON L. CONNER, PRESIDENT
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, , a Notary Public, certify that JACKSON L.
CONNER, personally came before me this day and acknowledged that he is President of THE
COVES AT NEWPORT II, INC., a North Carolina corporation, and that he, as President being
authorized to do so, executed the foregoing on behalf of the corporation.
Witness my hand and official seal, this the day of , 2005.
Notary Public
My Commission Expires_
18
EXHIBIT "E"
BYLAWS OF
THE COVES AT NEWPORT II HOMEOWNERS' ASSOCIATION, INC.,
A North Carolina Non-Profit Corporation
ARTICLE I
IDENTITY
These are the Bylaws of THE COVES AT NEWPORT II Homeowners'
Asscciation, Inc., a North Carolina non-profit corporation. For purposes of these Bylaws,
term s soecincally defined in the Declaration of THE COVES AT NEWPORT II
Condominiums (The "Declaration"), or in the North Carolina Condominium Act (N.C.
Gen. Stat. §,47C-1-101, et seq.) shall have the same meaning herein.
ARTICLE II
QUALIFICATIONS AND RESPONSIBILITIES OF MEMBERS
2.1 Members.
Each Unit Owner shall be a %Iember of the Association, and shall remain a
Member until he ceases to be a Unit Owner.
2.2 More Than One Owner.
«'hen there is more than one unit Owner of a Unit, all such persons shall be
Members of the Association.
2.3 Registration.
It shall be the duty of each Unit Owner to register his name and the number of his
Unit with the Secretary of the Association. If a Unit Owner does not so register, the
Association shall be under no obligation to recognize his membership.
2.4 Prohibition of Assignment.
The interest of a Member in the Association assets cannot be transferred or
encumbered except as an appurtenance to his Unit.
THIS IS A DRAFT DOCUMENT AND DECLARANT RESERVES THE RIGHT
TO IIAKE CHANGES.
2
ARTICLE III
MEMBERS, MEETINGS AND VOTING
3.1 Place.
Meetings of the Members shall be held at the Condominium, or such other place
as may be designated from time to time by the Board.
3.2 Annual Meetings.
The Members shall meet at least once each year as specified in the notice of such
meeting given pursuant to Section 3.4. At each annual meeting, the Members shall elect
Members of the Board of Directors and may transact any other business properly coming
before them.
3.3 Special Meetings.
Special meetings of the Members may be called at any time by the President or by
the Board, and shall be called and held within thirty (30) days after written request
therefore signed by Members of the Association entitled to cast at least one-half of the
total votes of the Association is delivered to any officer or director of the Association.
No business shall be transacted at a special meeting except that which is stated in the
notice thereof.
3.4 Notices.
Notices of all meetings of the Members, stating the time and place, and
accompanied by a complete agenda thereof, shall be given by the President or Secretary to
each member. Such notice shall be in writing and shall be hand-delivered or sent by
United States Mail to the members at the addresses of their respective Units and to other
addresses as any Member may have designated to the President or Secretary, at least
twenty-one (21) days in advance of any annual or regularly scheduled meeting, and at
least seven (7) days in advance of any other meeting.
3.5 Quorum; Adjournment If No Quorum.
A quorum shall consist of Members present, in person, or by proxy, entitled to
cast at least 50% of the total votes of the Association. If a quorum is not present, the
meeting shall be adjourned from time to time until a quorum is present.
3.6 Votes; Association Shall Not Vote.
The total votes in the Association are allocated to Units by the Declaration. The
votes allocated to a Unit may be cast by the Owner of that Unit. If there is more than one
Unit Owner of a Unit, the votes for that Unit shall be cast as they shall determine. The
2
votes allocated to a Unit shall not be split but shall be voted as a single whole. When
there is more than one Unit Owner of a Unit, and said Unit Owners cannot agree on how
the rote for the Unit shall be cast, the vote for such Unit shall be cast by the Owner
'rolding the greatest ownership interest in the Unit, or, if there is no such Owner, by an
Owner designated by the Board.
3.7 Manner of Casting Votes.
Votes may be cast in person or by proxy. A proxy must be in writing, be signed
by all Unit Owners of the Unit, the votes of which are subject to the proxy, be given only
to another Member or to a security holder in that Unit, and be filed with the Secretary
before or at the meeting. The proxy shall be valid until revoked in writing by all Unit
Owners of such Umit.
3.8 Required Votes.
All questions shall be decided by majority vote on the question, unless otherwise
specified in the Act, the Declaration or these Bylaws.
3.4 Action by Members Without Meeting.
Any action that may be taken at a meeting of the Members, may be taken without
a meetine if such action is authorized in a writing setting forth the action taken, and is
sinned by all Members, or if such action is taken in any other manner permitted by law.
3.1 Q Prohibition of Cumulative Voting.
There shall be no cumulative voting.
ARTICLE IV
DIRECTORS
4.1 First Board.
The first Board shall be named by Declarant, and shall serve until the first annual
meeting of members. Declarant shall select two (2) Directors until the earlier to occur of
the following:
(a) Declarant has constructed and sold all of the condominium units that it
intends to construct as a part of the project;
or
4
(b) The giving of written notice by the Declarant to the Association of his
intent to release its right to elect two (2) directors.
4.2 Number and Qualification of Directors.
The Board shall consist of three natural persons. Each director shall be a Unit
I Owner or the individual nominee of a Unit Owner, which is other than an individual,
except that Directors selected by Declarant, need not be Members.
4.3 Election of Directors.
At the first annual meeting of the Members, and at each subsequent annual
meeting, the Members shall elect the directors by a majority of the votes cast in the
election, except as limited by Section 4.1 hereinbefore.
4.4 Term.
The terms of the directors shall be one year but, the directors shall serve until new
directors are elected at the annual meeting.
4.5 Removal.
Any director elected by the Unit Owners may be removed with or without cause,
by a vote of the members entitled to cast 60% of the total votes in the Association, at a
special meeting called for such purpose, and a successor may then be elected by the
Members to serve for the balance of the removed director's term. Any Director selected
by Declarant may be replaced by Declarant at any time.
4.6 Vacancies.
Any vacancy in the Board arising by death or resignation of a director shall be
filled by act of the remaining directors, whether or not constituting a quorum, and a
director so elected shall serve for the unexpired term of his predecessor in office, except
that Declarant may select replacement directors for directors selected by Declarant.
4.7 Regular Meetings.
Regular meetings of the Board may be held at such time and place as shall be
determined by a majority of the directors. Notice of regular meeting shall be given to
each director, personally or by mail, telephone, or telegraph, at least seventy-two (72)
hours prior to the meeting.
4
I .S Special -',,I,etings.
Special meetings of the Board may be called by the President and shall be called
by the President or the Secretary and held within ten (10) days after written request
therefore signed by two (2) directors is delivered to the President or the Secretary. Not
less than seventy-two (72) hours notice of such special meeting shall be given personally
or by mail, telephone, or telegraph, to each director; provided that in case the President or
any two (2) directors determines that an emergency exists, a special meeting may be
called giving such notice as is possible under the circumstances. All notices of a special
meeting shall state the time, place and purpose thereof. No business shall be transacted al
a special meeting except that which is stated in the notice thereof.
4.9 Quorum; Adjournment If No Quorum.
A majority of the Board of Directors shall constitute a quorum for the transaction
of business at any meeting of the Board. If a quorum is not present, the meeting shall be
adjourned from time to time until a quorum is present. The signing by a director of the
:minutes of a meeting shall constitute the presence of such director at that meeting for the
purpose of determining a quorum.
4.10 Manner of Acting.
Each director shall be entitled to one vote. Except as otherwise provided by the
Declaration or the Act, the majority consent of Directors shall constitute the Act of the
Board.
4.11 Board Action Without Meeting.
Any action that may be taken at a meeting of the Board may be taken without
meeting if such action is authorized in a writing setting forth the action taken and signed
by all directors.
4.12 Compensation of Directors Restricted.
Directors shall receive no compensation for their services, but may be paid for
out-of-pocket expenses incurred in the performance of their duties as directors.
4.13 Powers and Duties of the Board.
All of the powers and duties of the Association shall be exercised by the Board,
including those existing under the common law, applicable statutes, the Act, the
Declaration, and these Bylaws, as any thereof may from time to time be amended. Such
po«-ers and duties shall be exercised in accordance with the provisions of applicable law,
the Declaration, the Articles, and these Bylaws, and shall include, but not be limited to,
the following:
a
6
4
(a) To prepare and provide to Members annually, a report containing at least the
following:
(i) A statement of any capital expenditures in excess of 2% of the
current budget, or $5,000.00, whichever is greater, anticipated by the Association during
the current fiscal year or succeeding two fiscal years.
(ii) A statement of the status and amount of any reserve or replacement
fund and any portion of the fund designated for any specific project to the Board.
(iii) A statement of the financial condition of the Association for the
last fiscal year period.
(iv) A statement of the status of any pending suits or judgments in
which the Association is a party.
(v) A statement of the insurance company provided by the
Association.
(vi) A statement of any unpaid assessments payable to the Association,
identifying the Unit and the amount of the unpaid assessment.
(b) To adopt and amend budgets and to determine and collect assessments to
pay the Common Expenses.
(c) To regulate the use of, and to maintain, repair, replace, modify and
improve the Common Elements.
(d) To adopt and amend rules and regulations and to establish reasonable
penalties for infractions thereof.
(e) To enforce the provisions of the Declaration, these Bylaws, the Act, and
rules and regulations, by all legal means, including injunction and recovery of monetary
penalties.
(f) To hire and terminate managing agents and to delegate to such agents such
powers and duties as the Board shall determine, except such as are specifically required
by the Declaration, the Articles, these Bylaws, or the Act, to be done by the Board or the
Members.
(g) To hire and terminate agents and independent contractors.
(h) To institute, defend, intervene in, or settle any litigation or administrative
proceedings in its own name on behalf of itself or the Unit Owners on matters affecting
6
a
the Condominium or the Common Elements, and to give indemnities relating thereto
from and against Emit Owner actions against third parties.
(i) To establish and dissolve and liquidate, from time to time, reserve
accounts for any purpose.
U) To borrow money for the maintenance, repair, replacement, modification
or improvement of Common Elements, and to pledge and pay assessments, and any and
all other revenues and income for such purpose.
(k) To buy Units in foreclosure of any assessment lien or at any other time or
for anv other reason, and to sell, lease, mortgage and otherwise deal in units from time to
time owned by the Association.
(1) To impose and receive payments, fees, and charges for the use, rental or
cYerwtion ofthe Common Elements, other than the Limited Common Elements.
(m) To grant leases, licenses, concessions and easements through and over the
allotted common areas and Common Elements.
(n) To impose and collect reasonable charges, including reasonable costs and
attorney's fees, for the evaluation, preparation and recordation of amendments to the
Declaration, resale certificates required by the Act, or certificates of unpaid assessments.
(o) To provide for indemnification of the Association's officers and directors
and maintain officers' and directors' liability insurance.
(p) To impose charges for late payment of assessments and, after notice and
an opportunity to be heard, levy reasonable fines for violations of the Declaration, these
Bylaws, or the rules and regulations.
ARTICLE V
OFFICERS
5.1 Designation of Officers.
The officers of this Association shall be a President and Secretary/Treasurer.
Each Of_icer shall be a unit Owner or the individual nominee of a Unit Owner, which is
other than an individual.
?.? Election of Officers.
The Officers of the Association shall be elected by the Board. The election shall
be held annually at the first meeting of the Board held after the annual meeting of
i
8
Members, except that the first Board shall elect officers as soon as practicable after filing
of the Declaration.
5.3 Tenn.
Each officer shall serve until his successor has been duly elected and has
qualified.
5.4 Removal.
Board.
Any officer may be removed, with or without cause, and without notice, by the
5.5 Vacancy.
Any vacancy in any office shall be filled by the Board, and an officer elected to
fill a vacancy shall serve for the unexpired term of his predecessor in office.
5.6 Powers and Duties of Officers.
(a) President.
The president shall be the chief executive officer of the Association; shall have all
of the powers and duties incident to the office of a President of a corporation, including,
but not limited to, the duty to preside at all meetings of the Board and of the Members,
and the general supervision of officers in the management of the business and affairs of
the Association; and shall see that all actions and resolutions of the Board are carried into
effect.
(b) Secretary/Treasurer.
The Secretary/Treasurer shall keep the minutes of all meetings and actions of the
Board and of the Members; shall give all required notices to the directors and Members;
shall keep the records of the Association; shall have custody of all intangible property of
the Association, including funds, securities, and evidences of indebtedness; shall keep the
books of the Association in accordance with good accounting practices and, upon request,
shall submit them, together with all vouchers, receipts, records, and other papers to the
Board for examination and approval; shall deposit all moneys and other valuable effects
in depositories designated by the Board; shall disburse funds of the Association as
directed by the Board; and shall perform all other duties incident to the office of
Secretary/Treasurer of a corporation.
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5.7 Execution of Agreements.
All agreements, deeds, mortgages, or other instruments shall be executed by two
officers of the Association.
5.8 Compensation of Officers Restricted.
No officer shall be compensated for his services in such capacity, but may be
reimbursed for out-of-pocket expenses incurred in performing his duties.
ARTICLE VI
INDE?fNIFIC ATION OF DIRECTORS AND OFFICERS
The Association shall indemnify and save the officers and Members of the Board
of Directors harmless from and against all claims, demands and suits, and expenses
incurred in defending the same, relating to actions they took or did not take in their terms
of office, except in the event of fraud or criminal malfeasance.
ARTICLE VII
FISCAL MANAGEMENT
7.1 Depository.
The Board shall designate a depository for the funds of the Association, and may
change such depository. Withdrawal of funds from such depository shall be only by
checks signed by a designated officer of the Association.
7.2 Fidelity Bonds.
Fidelity bonds may be maintained by the Association in an amount determined by
the Board.
7.3 annual Audit.
The officers of the Association shall prepare an annual statement of income and
disbursements, which shall be distributed, to the :Members of the Association. At the
request of a Unit Omer, an audit of the accounts of the Association shall be made by a
certified public accountant.

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7.4 Fiscal year.
The fiscal year of the Association shall be the calendar year, provided that the
Board, from time to time, by resolution may change the fiscal year to some other
designated period.
ARTICLE VIII
ASSESSMENTS
8.1 Obligation of Members to Pay Assessments; Amount of Levy.
Until the Association levies a Common Expense assessment, Declarant shall pay
all accrued expenses of the Condominium. Thereafter, each Unit Owner shall be
personally and severally liable for the Common Expenses that are levied against his Unit
while a Unit Owner. Each Unit shall be assessed in accordance with the Unit's
percentage of Common Expenses as allocated by the Declaration as amended.
8.2 Allocation of Common Surplus.
Any common surplus, including funds in reserve accounts, may be allocated to
each Unit in accordance with its percentage of Common Expenses and, if allocated, shall
be owned by the Unit Owner of that Unit and, if allocated, may be paid to the Unit Owner
or credited against that Unit's share of Common Expenses subsequently assessed.
8.3 Preparation of Budget and Levying of Assessment.
For each fiscal year, beginning with the fiscal year beginning January 1, 2007 the
Board shall prepare and adopt a budget, including therein estimates of the amount
necessary to pay the Common Expenses, together with amounts considered necessary by
the Board for reserves. After preparation and adoption of each such budget, the Board
shall provide each Member with a copy, and shall give each Member notice of the
assessment made against that Member's Unit based upon such budget and may also state
the interest to be charged on delinquent payments therefore. The assessments shall be
deemed levied upon the giving of such notice.
The Board shall prepare a partial year budget from the period of conveyance of the
first Unit through December 31, 2006. A copy of such budget shall be provided to each
member at time of purchase of a Unit. The delivery of such budget shall be deemed a
levy of an assessment based upon such budget, and each Owner shall be responsible for
payment of a monthly assessment beginning with the first month following closing of a
Unit.
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8.4 Assessment Lien.
Everv assessment shall constitute a lien upon such Unit assessed from the date the
assessment is levied, prior to all other liens except only (i) real estate taxes and other
governmental assessments or charges against that Unit; (ii) liens and encumbrances
recorded before the recordation of the Declaration; and other liens given priority by the
Declaration.
8.5 Payment of Assessments.
Assessments shall be payable ,vhen notice thereof is given, but shall not be
delinquent if paid at the times and in the amounts specified in the notice of assessment.
Payment shall be made to the Association, or as the Board may from time to time
otherwise direct.
8.6 Funds and Reserves.
All sums collected by the Association from assessments shall be accounted for as
follows:
(a) Reserve Funds for Repairs and Replacements.
To this fund shall be credited all sums, if any, collected for the purpose of
effecting repairs and replacements of structural elements and mechanical equipment, and
other Common Elements, of the Condominium.
(b) General Operating and Reserve Fund.
To this fund shall be credited all sums, if any, collected to provide a reserve for
purposes of providing a measure of financial stability during period of special stress, and
may be used to meet deficiencies from time to time as a result of delinquent payments and
assessments and other contingencies.
(c) Common Expense Fund.
This fund shall be credited collections of assessments for all Common Expenses
for the current year as well as common profits and surplus from the previous year, and not
to be credited to either of the above reserve funds.
8.7 Special Assessments.
In addition to the assessments levied pursuant to Section 8.3, the Board, in its
discretion may le?? special assessments at such other and additional times as in its
judgment are required for:
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(a) Maintenance, repair, restoration and reconstruction of the Common
Elements, and operation of the Condominium.
(b) Alterations, improvements, and additions to the Common Elements;
provided, however, that any such special assessment involving an expenditure in excess
of $1,000.00 shall be first approved by Members entitled to cast 80% of the total votes in
the Association at a regular or special meeting of the Association; however, there shall be
no member approval required for any assessment required to maintain the wastewater
disposal collection, distribution or storage facilities, as such may be required by any
regulatory agency, including Carteret County or the State of North Carolina.
(c) Payment of costs and expenses incurred in curing defaults pursuant to
Sections 10.1 and 10.3 hereof.
Special assessments made pursuant to this Section shall be a Common Expense,
shall be deemed levied upon notice thereof being given to the Member subject to such
special assessment, and shall be payable as determined by the Board and as set out in
such notice. No special assessment shall be levied prior to January 1, 2007 without
unanimous consent of all Unit Owners.
8.8 Failure to Prepare Budget and to Levy Amiual Assessment; Deficiencies in
Procedure.
The failure of the Board or delay of the Board in preparing any budget, and to levy
or in levying assessments, shall not constitute a waiver or release of the Members'
obligation to pay assessments whenever the same shall be determined and levied by the
Board. Until a new assessment is levied by the Board pursuant to Section 8.3, each
Member shall continue to pay the assessment then previously levied pursuant to Section
8.3 in the same amount and at the same periodic times as levied, or as the Board may
otherwise advise in writing. Also, any deficiencies or inadequacies in the procedure
followed by the Board in levying an assessment shall not in any way affect its validity or
the obligation of Members to pay such assessment.
8.9 Assessment Roll; Certificate.
All assessments shall be set forth upon a role of the Units, which shall be
available in the office of the Association for inspection at all reasonable times by
Members and Security Holders, and their duly authorized representatives. Such rolls
shall include, for each Unit, the names and addresses of the Member or Members, all
assessments levied, and the amount of all assessments unpaid. The Association, upon the
written request, shall furnish to Unit Owner, or his authorized agent, a recordable
certificate setting forth the amount of unpaid assessments currently levied against his
Unit. The certificate shall be furnished within seven (7) business days after receipt of the
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request and shall be binding upon the Association and all Unit Owners. For such
certificate a reasonable fee may be charged by the Board.
5.10 Default and Enforcement.
If any assessment, or installment thereof, levied against a Unit remains unpaid for
a period of thirty (30) days or longer, it shall constitute a lien against that Unit when filed
of record in the Office of the Clerk of Superior Court of Carteret County in the manner
provided therefor in Article 8 of Chapter 44 of the General Statutes of North Carolina.
The Association's lien may be foreclosed in like manner as a mortgage on real estate
under power of sale under Article 2A of Chapter 45 of the General Statutes of North
Carolina. Fees, charges, late charges, fines and interest charged pursuant to the Act are
enforceable as assessments.
In addition to the foregoing, and «-ithout waiving its lien, the Association may sue
to obtain a money judgment for the amount of any delinquent assessment or installment
thereof, together with interest, and the'lember so sued and liable for such assessment
shall pay all costs of collection, at the same rate as charged on the assessments being
collected from the dates incurred until paid, including attorney fees.
3.11 Interest on Delinquent Assessments.
Assessments, or installments, thereof, paid before they become delinquent shall
not bear interest, but all delinquent sums shall bear interest at the rate set forth in the
notice le« ing the assessment, not exceeding the rate of interest allowed by the Act, from
the date delinquent until paid. If no interest rate is set forth in such notice, such interest
rate shall be the maximum allowed by the Act. All payments upon account shall be
applied first to interest and then to the assessment, or installment thereof, longest
delinquent. All such interest shall have the same priority as the assessment on which
sucn interest accrues.
5.12 Common Expenses.
Common Expenses shall mean and include all sums declared Common Expenses
by the Act, or by any specific provisions of these Bylaws or the Declaration, and shall
include, n:thout limitation, the following: real estate taxes, and other governmental
assessments or charges against the Property until the Units are separately assessed;
premiums for any and all insurance maintained by the Association, including any and all
deductible or co-insurance amounts not covered by insurance; utility charges not charged
directl• to Unit Owners; legal and accounting fees; costs and expenses incurred in
connection ,vith any litigation or administrative proceeding pursuant to Section 4.13(h)
hereof. deficits remaining from any prior assessment period; the cost, including fees and
interest incurred, in com:ection xyith any borrowing done by the Association; costs of all
fidelity bonds; costs imposed upon the Association or any part of the Common Elements
or the propem- by, or incurred by- the Association as a result of the performance,
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enforcement or amendment of, any agreement or easement to which the Association is a
party, or to which the Common Elements or Property or any part of either thereof is or
may be subject; amounts determined necessary for reserve funds; and indemnity
payments made by the Association pursuant to Article VI hereof.
ARTICLE IX
RELOCATION AND ALTERATION OF UNITS.
9.1 Procedure.
If any Unit Owners desires to: (i) relocate the boundaries of his Unit pursuant to
N.C. Gen. Stat. §47C-2-111 of the Act, (ii) remove partitions or create apertures pursuant
to N.C. Gen. Stat. §47C-2-111 of the Act, or (iii) make any improvements or alterations
to his Unit which impair the structural integrity or mechanical systems of, or lessen the
support of any portion of, the Condominium, the procedures set out in this Article shall
be followed.
9.2 Notice to and Consent of the Board.
Prior to doing any work of the kind set out in Section 9.1 the Unit Owner shall
give notice to the Board of his intent to do such work and request and receive the written
consent thereto of the Board. With such notice shall be given: (i) a statement of the work
to be done, (ii) a copy of the plans and specifications for the work, and (iii) such
additional information relative to the proposed work as the Board may reasonably
request. Upon receiving all such information and any fees and charges requested by the
Board, the Board shall set a date for a meeting on the proposed work, which shall be
within fifteen (15) days after such information, and fees and charges are received. Notice
of such meeting shall be given to all Members of the Association in the same manner as a
notice of a special Board meeting. At the meeting the Board shall receive such testimony
and evidence, as it deems appropriate. The meeting may be conducted from time to time
by the Board. At the meeting or at such later time, but in any event not later than sixty
(60) days after such meeting, the Board shall decide whether to consent or not to consent
to such work. Written notice of such decision shall be given to such Unit Owner and all
Members.
9.3 Conditions.
The Board may impose conditions on any consent to such work to protect the
Common elements, Units and the Condominium, and to insure that the provisions of the
Act, Declaration, and these Bylaws are complied with, including, without limitation, the
furnishing to the Association of payment and performance bonds, or other security
acceptable to the Board, to insure that the proposed work is timely completed pursuant to
the plans and specifications therefore, and all costs there for paid.
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9.4 Controlling Procedure.
The procedure set out in this Article shall control over any contrary provision in
,he Act.
ARTICLE X
CO.OPLIANCE, ENFORCEMENT, FINES AND PENALTIES.
10.1 Default and Remedies.
Default or failure to comply with any of the terms, conditions; obligations, and
provisions of the Act, the Declaration, these Bylaws, the Articles, or the rules and
regulations, as the same may be amended from time to time, by any Unit Owner or
Occupant, shall be grounds for relief that may include, without intending to limit the
same. or to constitute an election of remedies, an action to recover fines and penalties as
determined by the Board. sums due for damages, and injunction, or any combination
thereof. and which relief may be sought by the Association, an aggrieved Unit Owner, or
by an-,- Person or class of Persons adversely affected. Also if any member fails to perform
ant- obligation under the Act, the Declaration, these Bylaws, the Articles or such rules and
regulations, then the Association may, but is not obligated to, perform the same for the
Members' account, and for such purpose may enter upon his Unit, may make necessary
repairs, advance expenses or other sums necessary to cure the default, and for such other
expenses and costs, may levy a special assessment against the Unit owned by such
defaulting Member. The Association also shall be entitled to suspend the right of a
defending Unit ONvner to vote as a Member of the Association until the default is cured.
10.2 -Notice of Default and Failure to Cure.
In the event of any such default or failure, the Board shall serve upon or mail to
the defaulting Member, a written notice specifying the nature of the default, the cure
thereof. and the time within which the cure shall be effected. Within the time limit
specified in the notice; the defaulting tiiember may cure the default specified, or serve
upon or mail a v,-ritten notice to the Board requesting a hearing before the Board. If a
hearing is so requested. the Board shall thereafter serve upon or mail to the defaulting
Member a notice specifying the time and place for such hearing. At the hearing, the
Board shall take such evidence and hear such testimony, as it deems necessary or
desirable. The Board shall not exercise any remedies to obtain relief from the default
until the hearing is over and the Board has made its determination and served upon or
mailed the same to the defaulting member and each such first mortgagee. The hearing
may be continued from time to time as determined by the Board. Upon taking such
evidence and hearing such testimony, the Board, at the hearing or at such later time, shall
determine in writing. and at its sole option, to waive the default in whole or in part, to
extend the time within which the default may be cured, or to proceed immediately to levy
a fine or penalty, or to exercise any one or more of the remedies available to the Board

15
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r
due to such default. The Board shall serve upon or mail to the defaulting member, a copy
of its determination. If the defaulting Member; (i) does not cure the default or request a
hearing within the time limit specified in the original notice of default given pursuant to
this Section, or (ii) so requests a hearing, but fails to cure the default (to the extent not
waived by the Board), then the Board shall serve upon or mail to the defaulting Member,
a written notice of such Member's failure to effect a cure, and the Board may then proceed
to take such action as it deems necessary to obtain relief.
10.3 Remedy of Abatement in Addition to Other Remedies.
In the event a Member fails to effect the cure specified by the Board within the
time period set out in (i) or (ii) of Section 10.2 hereof, whichever is applicable, where the
default is a structure, thing, or condition existing in or on the premises of the Member's
Unit, the Board, or its duly authorized representative, shall have the right to enter upon
the premises of the Member's Unit in which, on which, or as to which, such default exists,
and summarily to abate and remove, at the defaulting Member's expense (and levy an
assessment therefore as provided in Section 10.1 hereof), the structure, thing, or condition
constituting the default, and the Board, the Association, and their agents, employees, and
representatives, shall not thereby be deemed guilty of any manner of trespass.
10.4 Injunction.
Any Person or class of Persons entitled to seek relief for any such default or
failure may obtain a temporary restraining order, injunction, or similar relief, without first
using the procedure established by Section 10.2 hereof, if such default or failure creates
an emergency or a situation dangerous to persons or property.
10.5 Recovery of Attorneys' Fees and Costs.
In any proceeding arising because of an alleged default by a member, the
prevailing party shall be entitled to recover the costs of such proceeding and such
reasonable attorneys' fees as may be allowed by the Court.
10.6 Non-Waiver of Covenants.
The failure of the Association, or of any Member thereof to enforce any term,
provision, right, covenant, or condition that may be granted by the Declaration, these
Bylaws, the Articles, the rules and regulations, or the Act, as the same may from time to
time be amended, shall not constitute a waiver or abrogation of the right of the
Association or a Member to enforce such term, provision, right, covenant, or condition in
the future irrespective of the number of violations or breaches thereof that may have
occurred.
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10.7 Assessment Liens.
Assessment liens shall be enforced pursuant to Article VIII hereof and not
pursuant to this Article X.
ARTICLE XI
A-IE\DIIENT.
An amendment to these Bylaws shall be made and approved in the manner as set
forth in Article X of the Declaration, and once made shall become effective when
recorded in the same manner and place as an amendment to the Declaration. No
amendment to these Bylaws shall be made, however, without consent of Declarant as
long as Declarant has the right to select two (2) members of the Board.
ARTICLE XII
GENERAL PROVISIONS.
12.1 Rules and Regulations.
The Board, including the first Board, may promulgate from time to time such
rules and regulations as it deems reasonable and necessary governing the administration,
management, operation, and use of Common Elements, so as to promote the common use
and enjoyment thereof by Unit Owners and Occupants; and for the protection and
preservation thereof. In addition, the Board may adopt such rules and regulations, as it
deems reasonable and necessary with respect to Units to provide for the common good
and enjoyment of all Unit Owners and Occupants, including, without limitation, the right
to adopt such rules and regulations with reference to tenants and leases.
12.2 Parliamentarv Authoritv.
Robert's Rules of Order, newly revised, shall govern the conduct of Association
proceedings when not in conflict with the Declaration, these Bylaws, the Act, and/or any
statutes of the State of North Carolina applicable thereto. The Chairman of the meeting
shall have the authority to appoint a parliamentarian.
12.3 Compliance «Vith The Act; Conflict: Severability.
These Bclatvs are established in compliance with the Act, as amended. Should
any of the terms, conditions, provisions, paragraphs, or clauses of these Bylaws conflict
with any of the provisions of said Act, the provisions of said Act shall control unless the
Act permits these Bvlaws to override the Act, in which event these Bylaws shall control.
In the case of any conflict between the provisions of these Bylaws, or the application
thereof to any person or circumstance is judicially held to be invalid, such determination

17

18
shall not affect the enforceability, validity, or effect of the remainder of these Bylaws, or
the application thereof to any other person or circumstance.
IN TESTIMONY WHEREOF, these Bylaws are executed by the Declarant of the
Condominium effective the day the Declaration for The Coves at Newport II
Condominiums Homeowners Association, Inc. is recorded in the office of the Register of
Deeds of Carteret County.
THE COVES AT NEWPORT, II
HOMEOWNERS' ASSOCIATION, INC.
BY: g (-/"
ON L. CONNER, President
STATE OF NORTH CAROLINA
C7,ea1e7J COUNTY OF NORTH CAROLINA
I, M?A-, Tat A,J L. ?Ao Ao t-?v C , Notary Public, certify that JACKSON L.
CONNER, personally calve before me this day and acknowledged that he is
PRESIDENT, of THE COVES AT NEWPORT II HOMEOWNERS' ASSOCIATION,
INC., a non-profit corporation, and that he as PRESIDENT, being authorized to do so,
executed the foregoing on behalf of the corporation.
Witness my hand and official seal, this the 1,9711 day of bOCONrI?C;e ,
2005.
• ?, .
My Commission Expires: :??•;•?pMAR .
?- .tn
•
• N cokjN?
Notary Public
E:\Goines\dients2\TI1E COVES AT NEWPORT, 11, INC.JAY & WALLACE CONNER\BYLAWS.iIOMEOWNERS ASSOCIATION.doc
18
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Article Addressed to:
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Caleb Creek Properties LLC
342 N.Mm Street Suite 6
Greensboro,NC 27401
DWQ# 05-2116-Forsyth
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