20060725 Ver 1_COMPLETE FILE_20060428

WA
0 T??Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
5 r North Carolina Department of Environment and Natural Resources
C? C Alan W. Klimek, P.E. Director
Division of Water Quality
August 31, 2006
DWQ Project # 060725
Onslow County
Mr. Wayne Lanier
744 Cockle Street
Holly Ridge, NC 28445
Subject Property: Redds Cove Road TER,
Holly Ridge S E P Y 1 2006
Approval of 401 Water Quality Certification with Additional Conditions DENR - WA'T'ER QUALITY
WETLANDS AND SrORMWATER-BRANCH
Dear Mr. Lanier:
You have our approval, in accordance with the attached conditions and those listed below, to
maintenance dredge 158600 square feet of open water and 350 square feet of coastal wetlands
for the purpose of maintenance of an access channel` two existing canals and Bethea Branch, fill
700 square feet of open water for a boat ramp, fill 2613 square feet of 404/401 wetlands and
construct 2750 linear feet of bulkhead and 350 linear' feet of breakwater, as described within your
application dated April 25, 2006 received by the Division of Water Quality(DWQ) in the
Wilmington Regional Office (WiRO) on April 26, 2006 and additional information received via
e-mail July 25, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification' Number 3400 (WQC 3400). The Certification
allows you to use the CAMA Major Permit when issued by the Division of Coastal Management.
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 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 or CAMA Permit.
This. approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us _a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions.` If total fills for this project (now or in
the future) exceed one acre of wetland or 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:
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748 ,
Wilmington Regional Office Wilmington, NC 28405-3845. FAX [phone] Internet: www.newatergualitv.org '
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper N E N
Page Two
Mr. Wayne Lanier
DWQ Project # 060725
August 31, 2006.
T- t EIEE
ved
ac s ro -
Amount Approved (Units)
Plan Location or Reference
Stream N/A (feet)
Coastal Wetlands 350 (square feet)
(dredging
404/401 wetlands 2,613 (square feet) Page :8 of 13
(fill)
Open Water 400' X 40 and 500' X20 Page .9 of 13
(Dredging) for the access channel
780' X 70' S. canal
700' X 80" n. canal
550" X 40" Bethea Branch
total of 158,600 (square
feet) Page11 of 13
Open Water (fill) 700 (square feet)
Shallow Bottom N/A (Square Feet)
Buffers N/A (square feet) m
2. Deed Notification
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A copy of the recorded deed notification must be sent to
the Wilmington Regional Office.
3.- Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion'
control measures must be such; that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
L
Page Three -
Mr. Wayne Lanier
DWQ Project # 060725
August 31, 2006
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.
4. 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.
5. No Sediment & Erosion Control Measures wIn Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this.
Certification shall expire upon expiration of the 404 or CAMA Permit.
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.
Page Four
Mr. Wayne Lanier
DWQ Project #060725
August 31, 2006
This letter completes the review of the Division of Water Quality (DWQ) Permit # 060725 under
Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne
Steenhuis in the'DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,
Alan W. Klimek, P.E.
Enclosures: WQC 3400
Certificate of Completion
cc: Brent Manning - Land Mana-cmcnt
Dave Timpy - USACE Wilmimpii Regulatory Field Office
lan Nlc>\lillaii - D\N'Q 101 0' ,ersi.jht Unit, Raleigh
Doug Huggett - CAMA Nl orehead
Jon Giles - CAMA WiRU
Central Files
WRO; ,
THIti NO r
CA pE
A
P
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
OF
SAWGRASS PLANTATIONS AT REDD'S COVE
Date:
U'
Prepared by Law Office of Ladd Gasparovic, P.A.,14889 US Highway 17 North, P. O.
Box 818, Hampstead, NC 28443
Please return to Law Office of Ladd Gasparovic, P.A., 14889 US Highway 17 North, P.
0. Box 818, Hampstead, NC 28443, Attention: Ladd S. Gasparovic
1'
t t
TABLE OF CONTENTS
1. , Definitions
II. Association - General Purposes, Membership and Voting
III. Management and Administration of Subdivision
IV. Easement for Landscaping Maintenance
V. Assessments for Common Expenses
VI.' Special Assessments
VII. Lien for Assessments
VIII. Compliance With Association Documents
IX. Property Rights of Lot Owners, Cross-Easements, and Exceptions
X. Architectural Committee and Architectural Restrictions
XI. Insurance
XII. Restrictions on Use and Occupancy
XIII. Special Declarant Rights
XIV. Development of the Subdivision
XV. Waiver
XVI. Variances
XVII. Duration, Amendment and Termination
XVIII. Common Areas: Private
XIX. Acceptance
XX. ` Hearing Procedure
XXI. Captions
XXII. Notice
XXIII. Liberal Construction
XXIV. Joinder
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DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
SAWGRASS PLANTATIONS AT REDD'S COVE
(Note to LSG *** check grantee and grantor)
This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF SAWGRASS PLANTATIONS AT REDD'S COVE ("Declaration"),
a subdivision located in Onslow County, North Carolina, made and entered into as of the
day of , 200_, by and among Lanier Limited Partnership Two, a North
Carolina Limited Partnership, whose address is 1161 Spot Lane (P.O. Box 2190), Surf City,
NC 28445 ("Declarant") (Note to'LSG *** add all current owners) and ALL PROSPECTIVE
PURCHASERS OR OWNERS of Lots as shown on all maps of Sawgrass Plantations at
Redd's Cove ("Redd's Cove") recorded in the Onslow County Register of Deeds office;
WITNESSETH:
WHEREAS, Declarant and are the owners of all the Lots
and Declarant is the owner of all Common Areas and streets shown on the various maps.of
Redd's Cove including, but not limited to, those recorded in Map Book _, at Page _ and
Map Book _, at Page _ in the office of the Register of Deeds of Onslow County (all
such maps, together with future maps, herein referred to as "the Maps");
WHEREAS, Declarant, desires to submit the Lots and Common Areas,
together with the improvements thereon, to the provisions of Chapter 47F of the General
Statutes of North Carolina (hereinafter sometimes referred to as the "North Carolina Planned
Community Act" or the "Act"), and develop a residential community and intends by the
recordation of this Declaration to impose the covenants, conditions, restrictions and
easements contained herein (hereinafter sometimes called Restrictions) on the property
described herein as Lots and Common Areas to the end that the Lots and Common Areas
shall be held subject to the Act and said Restrictions;
WHEREAS, Redd's Cove owns certain Lots within the Subdivision and desire
to submit the Lots so owned, together with the improvements thereon, to this Declaration and
the Restrictions; and,
WHEREAS, Declarant also owns in fee simple the real estate designated as
Additional Property, in the description attached as Attachment A (Note to LSG ***) hereto,
as the same may be amended by Declarant from time to time, and may hereafter elect to
subject all or any portion of the Additional Property to the provisions of this Declaration
pursuant to Article XIV hereof.
NOW, THEREFORE, Declarant does hereby declare that the Restrictions
contained herein shall run with the Lots and Common Areas described herein; shall be a
burden on and a benefit to such Lots and Common Areas; shall be binding on all parties
having or acquiring any right, title, or interest in the Lots or any part thereof; and shall inure
to the benefit of each Owner of any part thereof.
1.
+ 3
Definitions
As used in this Declaration, the Articles, the Bylaws, and the Rules and
Regulations of the Association, exhibits attached and all amendments thereof, unless the
context requires otherwise, the following definitions shall prevail:
(1)' "Additional Property" means the real property so designated on
Attachment A attached hereto which Declarant may submit to this Declarant and to the
jurisdiction of the Association pursuant to Article XIV hereof.
(2) "Articles" means the Articles of Incorporation of Redd's Cove HOA,
Inc.
(3) "Association" means Redd's Cove HOA, Inc.
(4) "Association Documents" means collectively, the Articles of
Incorporation of the Association, this Declaration, the Bylaws and the Rules and Regulations,
all as may be amended, modified or restated from time to time. Any exhibit, schedule or
amendment to an Association Document shall be considered a part of that document.
(5) "Bylaws means the Bylaws of Redd's Cove HOA, Inc.
(6) "Common Areas" means all real property (including the
improvements thereon), interest in real property and personal property now owned or
hereafter acquired by the Association for the common use and enjoyment of all of the
Owners. The Common Areas are subject to those easements and restrictions set forth in this
Declaration, including but not limited to Article I hereof.
(7) "Common Expenses" means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
(8) "Declarant" means Lanier Limited Partnership Two, its successors
and assigns. In the event another Person acquires title to three (3) or more Lots on which no
Dwelling has been constructed at the time of such acquisition, Lanier Limited Partnership
Two, by recorded instrument, may designate such party as an additional Declarant, and in
such event, such party shall be a Declarant as specified herein as to such Lots and as to such
Lots shall be entitled to the same; rights; as Lanier Limited Partnership Two. Additionally, for
purposes of the provisions in Article V(1)(c) and (8) (Note for LSG ***) are Declarants.
(9) "Declaration" means this Declaration of Redd's Cove and any
amendments hereto. This Declaration sometimes is referred to herein as the Restrictions.
(10) "Development Period" means the period ending on the earliest of (i)
December 31, 2015 or (ii) the date specified by Declarant ina written notice to the
Association that the Development Period is to terminate on that date.
(11) "Dwelling" means the primary residential structure located on a Lot
built in accordance with the requirements of this Declaration.
4 p
r
(12) "Eligible Mortgage Holder" means the holder of a first deed of trust
on a Lot who has requested in writing that the Association notify them of any proposed
amendment to the Declaration, the Articles, or the Bylaws.
(13) "Executive Board" means the Executive Board of Redd's Cove HOA,
Inc.
(14) "Improved Lot" means a Lot containing a Dwelling for which a'
certificate of occupancy (temporary, conditional or final) has been issued or upon which
Landscaping has been installed.
(15) "Landscaping" means living plants, shrubs, vegetation, ground
coverings (including grass or sod), and appurtenant live/growing vegetative materials
together with straw, mulches and composting materials installed upon a Lot.
(16) "Lot" means those separately numbered and designated parcels shown
on any of the Maps and on any other Maps of the Additional Property brought within the
Subdivision.
(17) "Owner' means the record Owners, whether one or more Persons, of a
fee or undivided fee: interest in a Lot, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
(18) "Permit" shall mean the North Carolina State Stormwater
Management Permit Number (Note to LSG ***) and any amendments, additions
or replacements thereof, or any such permit obtained by Declarant and relating to the
Additional Property.
(19) "Stormwater Management Facilities" or "Stormwater Management
Facility" as those terms are used herein shall mean all areas consisting of ditches, swales,
stormwater retention ponds and any other improvement located in the Subdivision
constructed pursuant to the Permit:
(20) "Subdivision" means all of the property defined herein as Lots and
Common Areas, and includes all or any portion of the Additional Property submitted to this
Declaration by Declarant.
(21) "Unimproved Lot" means any Lot other than an Improved Lot.
(22) Any capitalized word not defined herein, unless it is plainly evident
from the context of this Declaration that a different meaning is intended, shall, as used
herein, have the meaning as set forth inN.C.S. 47F-1-103.
II.
Association - General Purposes, Membership and Voting
(1) An association named Redd's Cove HOA, Inc. has been or will be
formed under the direction of Declarant pursuant to the rules and requirements of the
Nonprofit Corporation Act (Chapter 55A) of the General Statutes of North Carolina as an
association of the Owners of Lots. Its purposes are to own, manage, maintain, and operate
5
the Common Areas and facilities located upon the Common Areas, specifically including,
but not limited to, the Subdivision entrance signs, street lights, Stormwater Management
Facilities, drainage pipes and drainage outlets, streets (until accepted for maintenance by a
governmental entity) and other improvements and amenities in the Subdivision' owned by the-
Association; to maintain Landscaping installed on the Lots as provided herein to enforce the
Restrictions contained herein; and to make and enforce rules and regulations governing the
Owners' use and occupancy of Lots and Common Areas. In addition to the foregoing; the
Association has as its purposes the acceptance of the transfer of the Permit from Declarant
and to take. all actions and pay all fees required to affect such transfer of the Permit, and
thereafter to oversee, inspect, manage and, when necessary, repair and replace all Stormwater
Management Facilities located within the Common Area or on individually owned Lots.
(2) To fulfill the general purposes of the Association as set forth herein
and in the other Association Documents, together with those purposes set forth in the Act, the
Association shall have all the powers set forth in the Association Documents, the Act and the
North Carolina Nonprofit Corporation Act.
(3) Declarant, by this Declaration, and (Note to LSG ***)
and the Owners of individual Lots by their acceptance of individual deeds thereto, covenant
and agree with respect to the Association: (a) that each is a member of the Association; (b)
that for so long as each is an Owner, each will perform all acts necessary to remain in good
and current `standing as a member of the Association and (c) that each shall be subject to the
rules and regulations of the Association with regard to ownership of a Lot.
(4) Each membership in the Association shall relate to and have a unity of
interest with an individual Lot which may not be separated from ownership of said Lot.
(5) The Association shall have two (2) classes of members:
Class A - The Class A member(s) shall be all Owners with the exception of
any Owners who qualify as Class B members, and they shall be entitled to one vote for each
Lot owned; provided, however, when more than one Person holds an interest in any Lot, all
such Persons shall hold the membership with regard to such Lot in undivided interests. The
vote of such multiple Owners of a Lot shall be exercised as they, among themselves, shall
determine, but in no event shall any fractional vote be counted or more than one vote be cast
with respect to any Lot.
Class B - The Class B member(s) shall be Declarant. Class B members shall
be entitled to ten (10) votes for each Lot owned. The Class B membership shall cease and be
converted to Class A membership upon the occurrence of either of the following events,
whichever first occurs: (i) December 31, 2015 or (ii) when the total votes outstanding in the,
Class A membership equal or exceed the total votes outstanding in the Class B membership.
III.
Management and Administration of Subdivision
The Association shall be fully responsible for the maintenance, management
and operation of the Common Areas, Subdivision entrance signs, street lights, Stormwater
Management Facilities, drainage pipes and drainage' outlets,, roads (until accepted for
maintenance by a governmental entity) and other improvements and amenities in the
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Subdivision owned by the Association. Pursuant to and subject to the provisions contained
herein but only to the extent specifically provided herein, the Association shall be
responsible for the maintenance of Landscaping installed on the Lots as provided herein. The
management shall be carried out in or contracted to managers or management services.
Provided, however, any contract entered into by the Association prior to the termination of
the Class B membership shall contain a provision allowing the Association to terminate the
contract without cause and without penalty or extra charge, at anytime after the termination
of the Class B membership upon ninety (90) days advance notice.
IV.
Easement for Landscaping Maintenance (Note to LSG ***)
(1) Declarant hereby reserves unto itself, its successors and assigns, a
temporary, alienable and releasable easement and right over, across and upon the front of
each Lot, being that portion between the right of way of the street abutting said Lot extending
towards the rear of the Lotto the plane representing the front portion of the Dwelling on said
Lot, for Landscaping to be performed at such times and at such levels of quality as Declarant
in its sole discretion shall determine. The easement herein reserved shall be for a period not
to exceed three (3) years commencing upon the date of the recordation of this Declaration in
the office of the Register of Deeds of Onslow County. Until the easement herein reserved
terminates, or Declarant releases said easement, the Owner of the Lot shall make no changes
to the Landscaping or related improvements without the prior written consent of Declarant.
(2) Upon the termination or release of the easement for Landscaping
described above by Declarant, the Association may elect to enter into contracts to maintain
the Landscaping. Except as may be approved by the Board from time to time, the
Landscaping maintenance to be performed by the Association shall be limited to cutting the
grass, edging planted beds adjoining the grass and to trimming shrubs and trees on a schedule
to be determined by the Board, together with fertilizing or providing nutrients to the grass,
trees and shrubs as the Board may determine.
(3) The Owner shall be responsible for the maintenance, repair and
replacement of all Landscaping installed on the Lot except as specifically to be performed by
the Declarant or the Association as specifically set forth in Sections (1) and (2).
Additionally, and notwithstanding the provisions of Section (2) above, any Landscaping
installed or existing within areas located on such Owner's Lot enclosed by a fence, fencing
material, wall or other aboveground barrier shall be maintained, repaired and replaced by the
Owner, whether such Landscaping is part of the Landscaping shown on the plans approved
by the Committee as part of the original improvement of the Lot or otherwise.
V.
Assessments for Common Expenses
(1) Assessments:
(a) Each Owner of any Lot by acceptance of a deed for same
(whether or not it shall be so expressed in such deed) is deemed to agree to pay to the
Association assessments as hereinafter provided. The assessments, together with interest,
costs and Reasonable Attorneys' Fees, subject to the provisions of Section (7) of this Article,
7
shall be a continuing lien upon the Lot against which each such assessment is made.
Furthermore, each assessment, together with interest, costs, and Reasonable Attorneys' Fees,
shall also be the personal obligation of the Person who was the Owner of the Lot at the time
when the assessment fell due. The Personal obligation for assessments shall not pass to a
successor in title to a Lot unless expressly assumed by them but, subject to the provisions of
this Declaration, delinquent assessments shall continue to be a lien upon such Lot.
Assessments shall commence as to each Lot upon the delivery of the deed to the Person
owning the Lot.
(b) Subject to the limitations set forth herein upon the Declarant's
obligation to pay, assessments, the Executive Board shall establish and set the assessment for
each Lot for each fiscal year and may provide that such assessments shall be payable
installments during the fiscal year, which installment shall be no less frequent than quarterly.
The initial assessment for each Lot is One Thousand Dollars and No/ 100 Dollars ($1,000.00)
per year.
(c) Declarant shall not be obligated to pay any assessments as
would otherwise be payable for each Unimproved Lot owned by the Declarant.
(d) For purposes of assessments to be determined, levied and paid
pursuant to this Article or otherwise in the Association Documents, and notwithstanding the
provision for recombination of Lots in Article XII( ), each Lot shown on the Maps recorded
in,Onslow County Register of Deeds Office and each Lot shown on the Maps of the
Additional` Property recorded by Declarant in the Onslow County Register of Deeds Office
shall be considered one Lot. The number of Lots in the Subdivision shown on the Maps
originally recorded by Declarant shall not be reduced for purposes of determining, levying
and paying assessments. The obligation and liability for payment of assessments levied
against each. Lot and the Owners thereof resulting from the recombination of previously
existing Lots shall be as such Owners may determine pursuant to the written agreement of
such Owners delivered to the Association as required in Article XII(l).
(2) Annual Budget:
(a) As provided in the Bylaws and subject to the restrictions and
limitations provided herein, the Executive Board shall establish an Annual Budget in advance
for each fiscal year. Such Budget shall project all Common Expenses for the forthcoming
fiscal year, including a reasonable allowance for contingencies and reserves. The budget
shall take into account the maintenance obligations as set forth above and any projected or
anticipated income. The Executive Board shall keep separate, in accordance with
subparagraph (c) of this Section (2), items relating to the daily operation, management and
maintenance of the Association and Common Areas from items relating to capital
improvements. Upon adoption of such Annual Budget by the Executive Board, copies of
said budget shall be delivered to each Owner and the assessment for said year shall be
established, subject to the restrictions and limitations provided herein, based upon such
budget; however, the non-.delivery of a copy of said budget to each Owner shall not affect the
liability of any Owner for such assessment. The Annual Budget shall be ratified by the
Owners as provided in the Bylaws. Should the Executive Board at any time determine, in its
sole discretion, that the assessments levied are, or may prove to be insufficient to pay the
Common Expenses' of the Association during such fiscal year, or in the event of emergencies,
the Executive Board shall have the authority to levy such additional assessment or
assessments it may deem to be necessary.
8
(b) The Executive Board, in establishing the Annual Budget, shall
designate therein a sum to be collected and maintained as a reserve fund (the Capital `
Improvement Fund) for the periodic maintenance, repair and replacement of capital
improvements to the Common Areas and Landscaping on the Lots. The amount to be
allocated to the Capital Improvement Fund may be established by the Executive Board' so as
to collect and maintain a sum reasonably necessary to anticipate the need for repair,
maintenance and replacement of capital improvements to the Common Areas and to
maintain, repair and replace Landscaping on the Lots as provided herein. The Capital
Improvement Fund shall be maintained in a separate account by the Association and such
monies shall be used only for periodic maintenance, repair and replacement of capital
improvements to the Common Areas and to maintain, repair and replace Landscaping on the
Lots' as provided herein. Any interest earned on monies in the Capital Improvement Fund
shall not be, expended for daily operation, management and maintenance of the Association
and Common Areas.
(c) All monies collected by the Association shall be treated as the
separate property of the Association and such monies may be applied by the Association to
the payment of any expense of operating and managing the Association, or the proper
undertaking of all acts and duties imposed upon it by virtue of this Declaration, the Articles
and the Bylaws, except that monies placed in the Capital Improvement Fund shall be used
only for the specified purposes of said account. As monies for assessments are paid into the
Association by any Owner, the same may be commingled with monies paid to the
Association by the other Owners for the same purposes. Although all funds, including other
assets of the Association, and any increments thereto or profits derived therefrom or from the
leasing or use of Common Areas, shall be held for the benefit of the members of the
Association, no member of the Association shall have the right to assign, hypothecate, pledge
or in any manner transfer his membership interest therein, except as an appurtenance to his
Lot. When the Owner of a Lot shall cease to be a member of the Association by reason of
his divestment of ownership of such Lot, by whatever means, the Association shall not be
required to account to such Owner for any share of the funds or assets of the Association,
including any monies which such Owner may have paid to the Association, as all monies
which any Owner has paid to the Association shall be and constitute an asset of the
Association which may be used in the operation and management of the Association.
(3) Except as herein provided, assessments for Improved Lots shall be
fixed at a uniform rate, and assessments for Unimproved Lots shall be fixed at a uniform
rate.
(4) The payment of any assessment or installment thereof shall be in
default if such assessment or installment is not paid to the Association within thirty (30)days
of the due date for such payment. When in default, the delinquent assessment shall bear
interest at such rate as may be determined by the Executive Board, from time to time, until
paid in full. The Executive Board may establish procedures to collect delinquent`
assessments, together with penalties, interest. and other charges as permitted by the Act; and,
in accordance with such procedures, may declare the payment of any future installments of
the assessment to be accelerated and the entire assessment due and payable immediately.
(5) The assessments levied by the Association shall be used exclusively to
pay Common Expenses and to promote the recreation, health, safety and welfare of the
9
Owners and the improvement and maintenance of the Common Areas and Lots as provided
herein.
(6) The Association shall,, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association setting forthwhether the
assessments on a specified Lot have been paid. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the
date of its issuance.
(7) The lien of the assessments provided for herein shall be subordinate to
the lien of any first lien deed of trust. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of a first
lien deed of trust or any proceeding in line thereof, shall extinguish the lien (but not the
personal obligation of the Person who was the Owner of the Lot at the time when the
assessment fell due) of such assessments as to payments which became due prior to such sale
or transfer. No sale or transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof:
(8) In order to establish a working capital fund, upon the conveyance of a
Lotto any Owner other than any Declarant identified in Article I(8),in this Declaration or
otherwise specified by recorded instrument as provided in Article 1(8), each such Owner shall
contribute at closing an amount equal to one-sixth (1/6) of the assessment levied for the
current year against such Lot, said sum to be paid to the Association. Said sum is not an
advance payment of regular assessments, but shall be utilized to establish the working capital
fund. (Note to LSG ***)
Vl.
Special Assessments
(1) Special assessments may be levied against Lots for such reasons as are
provided in the Association Documents, and on such terms as provided by the Executive
Board. Furthermore, special assessments may be assessed against a specific Lot to pay for
the cost of curing a violation of the Association Documents and as may.otherwise be
provided for in the Act. No special assessments shall be levied upon any Lot owned by
Declarant unless Declarant consents. Special assessments, together with interest, costs and
reasonable attorneys' fees, shall be a continuing lien upon the Lot against which each such
special assessment is made. Furthermore, each such special assessment, together with
interest, court costs, and reasonable attorneys' fees, shall be the personal obligation of the
Person who was the Owner of the Lot at the time when the assessment fell due. The personal
obligation for delinquent special assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions of this Declaration,
delinquent special assessments shall continue to be a lien upon such Lot. It is provided,
however, that no special assessments shall be levied upon a`Lot until a Dwelling on such Lot
either has been constructed and occupied or constructed and sold unless Declarant consents
to such special assessments.
(2) The Association 'shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association setting forth whether the special
assessments on a specified Lot have been paid. A properly executed certificate of the
10
Association as to the status of special assessments on a Lot is binding upon the Association
as of the date of its issuance.
VII.
Lien for Assessments
Any assessment, together with interest at the rate specified herein, 'costs of
collection, court costs, and reasonable attorneys' fees, shall constitute a lien against the Lot
upon which such assessment is levied. If such assessment is not paid within thirty (30) days
after the date of such assessment is due the Association may record notice of the same in the
Office of the Clerk of Superior Court of Onslow County and thereafter proceed to collect
such delinquent assessments and charges in accordance with the assessment collection policy
established from time to time by the Executive Board. Action to collect delinquent
assessments may include, but not be limited to, filing a Notice of Lis Pendens, bringing an
action at law against the Owner personally obligated to pay ,the same and/or bringing an
action to foreclose the lien against the Lot. No Owner may waive or otherwise escape
liability " for the assessments provided for herein. ;
VIII.
Compliance With Association` Documents
In the case of failure of an Owner to comply with the terms and provisions
contained in Association Documents, the following relief shall be available:
(1) The Association or an aggrieved Owner on his behalf shall have the
right to bring an action and recover sums due, damages, injunctive relief, and/or such other
and further relief as may be just and appropriate.
(2) The Association, in addition to any other rights set forth in the
Association Documents, is authorized and shall have the right to: (a) enter any portion of the
Subdivision or a Lot on which, or as to which, a violation or breach exists and summarily to
abate and remove, at the expense of the defaulting Owner, any structure, thing or condition
that may exist thereon contrary to the intent and meaning of the provisions of the Association
Documents, and the Executive Board, its agents or employees, shall not thereby be deemed
guilty in any manner of trespass; and (b) to use self--help to remove or cure any violation of
the Association Documents within the Subdivision. Such actions undertaken by the
Association shall be upon compliance with the Notice and Hearing procedures contained in
this Declaration. However, notwithstanding any other provisions in the Declaration to the
contrary, the Association, acting though its Executive Board may enforce any provision and
regulations of the Association Documents by self-help specifically including, but not limited
to, violations and defaults which create a health hazard, a dangerous or emergency situation,
the towing of vehicles that are in violation of parking rules and regulations and removing of
signs, mail boxes and other items of similar size which are in violation of the Association
Documents without complying with the Notice and Hearing procedures through a civil action
at law or in equity to enjoin any violation or to recover monetary damages or both. In any
such civil action or lawsuit, to the maximum extent permissible, the Owner or occupant
responsible for the violation for which abatement is sought shall pay all costs incurred by the
Association,` including reasonable attorneys' fees actually incurred, if the court finds for the
Association.
Tl
(3) ; The Executive Board shall not impose a fine or penalty, undertake
permitted remedial action; suspend voting or infringe upon other rights of an Owner or other
occupant of a Lot for violations of the Declaration, the Bylaws or the Association's rules and .
regulations without compliance with the Notice and Hearing procedures contained in this
Declaration.
(4) The remedies provided by this Article are cumulative and are in
addition to any other remedies provided in the Association Documents, by law and the Act.
(5) The failure of the Association or any Person to enforce any provision
of the Association Documents shall not be deemed a waiver of the right to enforce such
provisions thereafter as to the same violation or subsequent violation of similar character.
1X.
Property Rights of Lot Owners,
Cross-Easements and Exceptions
(1) Every Owner of a Lot as an appurtenance to such Lot shall have a non-
exclusive perpetual easement over and upon the Common Areas for each and every purpose
or use for which such Common Areas were intended as determined by their type or for which
such Common Areas generally are used, subject to the limitations and provisions contained
herein. Such easements and rights shall be appurtenant to and shall pass withthe title to
every Lot, whether or not specifically included in a deed thereto; subject to the restrictions
and limitations contained herein, including but not limited to, the following provisions:
(a) The Association shall have the right to make reasonable rules
and regulations respecting the use of same, and exercise any powers granted by the Act and
the North Carolina Nonprofit Corporation Act.
(b) The Association shall have the right, upon compliance with the
Notice and Hearing Procedures contained in this Declaration, to suspend the rights of an
Owner to utilize the Common Areas and the improvements thereon during any period in
which any assessments against such Owner's Lot remains unpaid, and fora period not to
exceed sixty (60) days for any other violation of the Association Documents.
(2) Any Owner may delegate, in accordance with the Bylaws, his right of
enjoyment to the Common Areas and facilities to the members of his family, his tenants, and
guests.
** (3) Easements for the installation and maintenance of utilities and
drainage facilities as shown on the Maps are hereby reserved and retained by Declarant,
together with the right to grant similar easement rights to other persons. No structure,, fence,
planting, Landscaping or other material' which may interfere with the installation and
maintenance of utilities, which my change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of water through drainage channels in
the easements may be placed in the easement areas without prior approval by the Committee.
Structures, fences, Landscaping and other materials which have been approved by the
Committee may be placed in the easement areas. The Committee may deny placement of
12
structures, fences, Landscaping or other materials in the easement areas if it determines they
would adversely affect the drainage or utilities of the Subdivision.
(4) Each Owner, as an appurtenance to his Lot, shall have and is hereby
conveyed a perpetual, non-exclusive right of way and easement for the purposes of ingress,
egress and regress to and from his Lot over, through and across the streets and roads shown
on the Maps.
(5) An easement is granted to the Association, its employees and
designees, to make any reasonable entry onto any Lot without notice to the Owner thereof in
the event of any emergency.
X.
ArchitecturalCommittee and Architectural Restrictions
(1) There hereby is constituted Redd's Cove Architectural Committee
("Committee") to be appointed, and replaced, and to possess the qualifications and powers as
specified herein. The Committee shall "consist of one (1) individual to be appointed by
Declarant until Declarant releases its right, in writing, to make such appointment who shall
serve until he resigns or is replaced by Declarant, which Declarant reserves the right to do.
Declarant shall have the sole right to replace said member unless Declarant has released that
right to appoint the member of the Committee. The right of Declarant to appoint, remove
and replace the Committee shall expire upon termination of the Development Period without
any further action or consent of Declarant, at which time the Executive Board shall thereafter
have the right to appoint,; remove and replace members of the Committee. Thereafter, the
Committee shall be subject to such procedures and regulations as may be approved,
amended, restated or modified from time to time at the direction of the Executive Board.
(2) Before any Lot clearing, grading, or removal of trees, or before any
structure, fence, building, wall, walkway, mailbox, paper box, sign, trash can holder, or any
improvement, replacement or addition to any of same shall be commenced, erected, or '
maintained upon any Lot, or upon any Common Areas and before any alteration (including
painting) of the exterior portion of any structure located upon the Lots or the Common Areas
and before any alteration of the surface of any Lot or area appurtenant to any Lot including,
but not limited to installation of Landscaping, in the Subdivision shall be commenced (except
as shall be undertaken by the Declarant or the Association itself), the Person desiring to make
such changes or erections' shall submit and have approved by the Committee plans and
specifications detailing the changes and erections, which plans and specifications shall
include Landscaping. The;plans 'and specifications must show the structure, kind, shape,
height, color material and location of the changes or erections. Applications to the
Committee shall include two (2) complete sets of the final plans and specifications for any
and all proposed improvements and other information requested by the Committee on its
application forms and shall be (a) hand delivered to the current president of the Association,
or (b) mailed certified or registered with return receipt requested to the registered office of
the Association and marked to the attention of the Committee.
(3) The Committee shall make its decision approving or disapproving the
plans by taking into consideration the nature of the Subdivision, the aesthetics of the
proposed changes or alterations, the harmony, of the proposed change or erection with the
architectural style of neighboring' buildings (including the Dwelling on a Lot in the case of
13
approval sought for permitted outbuilding appurtenant to the Dwelling), durability of
construction, relative costs, and protection of the investment of the Owners of other Lots in
the Subdivision. Submission of incomplete or inaccurate plans and specifications shall result
in disapproval. One set of plans and specifications with the approval or disapproval of the
Committee shall be returned to the party submitting them and the other copy shall be retained
by the Committee for its permanent files.
(4) " A majority vote of the Committee shall be required to take any action.
If the Committee fails either to approve or disapprove any plans so' submitted within thirty
(30) days of receipt by the chair of the Committee, the plans will be deemed approved. The
Committee does not have to hold formal meetings. Any action or decision of the Committee
may be appealed to the Executive Board by the Person submitting such request to the
Committee or any other party deemed by the Executive Board to have standing as an
aggrieved party. The Executive Board may modify or reverse any such action or decision of
the Committee or may grant reasonable variances of the requirements of this Article as
generally permitted in Article XVI. Any appeal to the Executive Board shall be in writing
and delivered to the President of the Executive Board in the manner provided for delivery of
notices set forth in Article XXIII within ten (10) days following the decision by the
Committee.
(5)' Neither the Executive Board, the Committee nor any agent of
Declarant shall be responsible in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the foregoing provisions or any structural
or other defect in any work done according to such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or
encumbrance on any Lot on which construction is complete, and any subsequent, purchaser
thereof is in no way affected by the failure of his predecessors in title to comply with the
terms hereof.
(7) Subject to approval of the Executive Board, the Committee may
establish (a) such procedures and requirements for submittal and review of plans and
specifications as it deems appropriate from time to time the review of plans and inspections
which are not inconsistent, with Sections (2), (3) and (4) above, (b) times during which
construction may take place upon Lots or within Dwellings and (c) fees and costs associated
with the review of plans and the conduct of inspections.
(8) All light bulbs or other lights installed in any fixture located on the
exterior of any building or any Lot for the purpose of illumination shall be clear, white or
non-frost lights or bulbs.' There shall be no yellow or colored lighting, including but not
limited to bug repellant lighting and frosted light bulbs.
(9) The exterior of all dwellings, yards, landscaping, irrigation and other
structures must be complete within twelve (12) months after the construction of same shall
have commenced. In the event that such improvements on any lot is not completed within
one year, and it is determined by the Declarant, its successors and assigns, or if the Declarant'
so designates, by the Architectural Review' Committee, that construction progress has
diminished to such an extent that completion of the dwelling, outbuildings, or other
improvements is unlikely within 120 days, the Association, will be advised of this
determination. The Association shall then have the right to give notice to the Owner that the
Owner has the obligation, within 30 days, to complete the removal of all, the construction
14 ,
x
work in progress, including without limitation, the foundation and all building improvements
and all stored building materials, and fill and grade the lot so that it is restored to its natural
grade level, and the Association shall have the right to undertake this work upon Owner's
failure to do so and charge the cost to the Owner and place a lien upon the lot upon the
Owner's failure to pay these charges. During period of construction, the general contractor
shall be allowed a sign of a' design and substance approved by the Declarant, its'successors or
assigns, or if the Declarant so designates, by the Architectural Review Committee, but no
sub-contractor signs shall be permitted. The size and appearance of all contractor signs shall
be approved by the Declarant or the Association. Declarant shall also have the right to allow
certain selected "Preferred" or "Approved" Builders to have larger more elaborate signs, the
location, size dimension and colors of which must be approved by Declarant, in its sole and
absolute discretion.
(10) All service utilities, garbage receptacles, fuel tanks, and heating'
ventilation and air conditioning units are to be enclosed within a wall or plant screen of a
type and size approved by the Architectural Review Committee, so as to preclude the same
from causing' an unsightly view from any highway, street or way within the subdivision, or
from any other residence within the Planned Community. All mail and newspaper boxes
shall be uniform in design within each 'type development within the Planned Community.
Design for mail, and newspaper boxes shall be furnished by the Architectural Review
Committee. Fences shall' be permitted on any Lot; provided, however, that the design,
placement, and materials of any,fence are approved by the Architectural Review Committee.
Clothes lines are not permitted on any Lot.
(11) Off street parking for not less than two (2) passenger automobiles must
be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot
which parking areas and the driveways thereto shall be constructed of concrete, brick,
asphalt, or turf stone, or any other material approved by the Architectural Review
Committee. Garages must be included as part of any plans submitted to the Architectural
Review Committee. As with all other provisions, this restriction may be amended for future
phases.
(12) If the Architectural Review Board requires grass on a particular Lot,
then such requirement shall be accomplished by sodding such area.
(13) Construction activity on a Lot shall be confined within the boundaries
of said Lot. Each Lot Owner shall have the obligation to repair damage to Common
Elements or other property and to collect and dispose of all rubbish and trash resulting; from
the construction on his Lot. Upon a Lot Owner's failure to repair such damage within thirty
(30) days or to collect and dispose of such trash within fourteen (14) days after receipt of a
written notice from the Association, the Association may repair the damage or collect and
dispose of such rubbish and trash at the Lot Owner's expense. Any expense incurred by the
Association in repair or clean-up of the Lot shall be billed to the Owner of the Lot and if not
paid within thirty (30) days, the amount thereof shall become a lien against the Lot which
shall be enforceable pursuant to the provisions of this Declaration as is the case for
delinquent assessments.
N(13) The Association shall be entitled to collect a Construction deposit of
One Thousand Five Hundred and No/100 Dollars ($1,500.00) and an Architectural Review
Fee of Two Hundred and No/ 100 Dollars ($250.00) from any Owner who desires to construct
15
a home on his or her Lot. These Construction Deposit and Architectural Review Fee'
amounts may be adjusted by the Declarant during the Declarant Control Period and thereafter
by the Board in any amount in its sole discretion.
(14) More than one lot maybe combined to form one or more lots' by (or
with the written consent of) Declarant, its successors and assigns. If a Person other than
Declarant combines two Lots into one Lot,., and elects to notify the Association to treat the
combined Lots as one Lot it may do so but by doing so, the Owner waives any right or ability
to thereafter have the Lots divided back into two Lots as before and the Association is
entitled to demand a proper filing be made with the Pender County Registry showing that the
Lots shall thereafter be treated as a single Lot. If the Owner does not make such an election
and make such a filing, then the two `Lots shall continue to be treated as two Lots by the
Association despite their being owned !by one Owner. No Lot may be subdivided by sale or
otherwise, except by written consent of Declarant, its successors and assigns. Upon'.
combination or subdivision of Lots, the building line requirements prescribed herein shall`
apply and the easements reserved herein shall be applicable to the rear; side and front Lot
lines of such Lot as combined or subdivided. The resulting building site and structures
erected thereon must otherwise comply with these Restrictions and the new property line of
the resulting, building site shall be used to compute the setback lines as set forth herein.
(15) All connection of private driveways to the Saltwater Landing road
system shall be constructed by the Lot Owner, and maintained by the Lot Owner, in
accordance with the rules regulations` and specifications of the Committee. However, in
order to insure emergency vehicle access to all lots, all driveways which connect residences
or other structures that are more than fifty (50) feet from the subdivision road must be at least
eleven (11) feet in width, with a clearance of no less than eleven (1.1) feet in height.
(16) The exterior materials used in the construction of a house shall be
subject to Architectural Review Board approval. ; The Architectural Review Board shall
establish general guidelines for acceptable construction materials and may alter and revise
the same at their discretion.
(17) As , of the date these `Declarations are being prepared, because of
unavailability of certain services such as high speed internet and because of potential cost
savings to the Lot Owners and other reasons, the Declarant is investigating the propriety of
having an integrated wiring system installed in the Planned Community for the Lots to
receive cable, high speed internet, telephone and/or security systems from a third-party
service provider. As is set forth in this Declaration and in the By-Laws; the Association may
contract with such third-party service provider to install fiber optic lines in easement areas
and to supply such cable, internet, telephone and/or security system services to all Lots and
the cost of same shallbe collected from Lot Owners through assessments or otherwise,
regardless of whether the services are actually used by the Owners. If this contract is
consummated, then the Architectural Review Board is required to reject any plan that fails to
include structural wiring for telephone, data and video and security system wiring. Wiring
specifications shall` be developed by the third-party service providers and will be made
available to all Owners and the Architectural Review' Board. Further, in the event this
contract is entered into, all owners will be required to comply with any terms therein. By
purchasing a Lot in the Planned Development, all Owners agree and consent that any
violation of such terms shall be subject to immediate enforcement action by the Declarant
16
and/or the Association and agree that immediate and irreparable harm can and will occur to
the Declarant, the Association and all Owners if such terms are violated and thus agree that
Temporary Restraining Order, Preliminary -Injunctions and Permanent Injunctions shall be
granted by the Court to avoid the same and require specific performance to ' ensure
compliance with such contractual terms and attorney's fees and all costs of enforcing such
contractual terms shall be awarded to the Declarant and/or the Association.
(18) Except for trees located within ten feet of an approved "house foot
print," no trees on any Lot 6 inches in diameter or greater may be removed without the
approval of the Architectural Review Committee.
(19) Each Lot Owner must install an irrigation system on each lot to
effectuate an agreement with the Town of "Holly Ridge". All costs, installation and
maintenance of said irrigation system shall be the responsibility of the Lot Owner and not
Declarant. Said irrigation system must be approved by the Committee and shall be installed
and operational at the time of issuance of certificate of occupancy by the County."
(20) All Landscaping shall be completed no later than six (6) m'on'ths after
the completion of construction, which shall be determined by the date of the issuance of the
certificate of occupancy by the County.
(21) Final grading shall be contoured to prevent any standing water and to
prevent any run off onto adjacent properties and shall be directed to the nearest Swale, ditch
and/or culvert. Swales in the front property line shall not exceed a ratio of more than 3 feet
horizontal to one foot vertical (3:1). Where swale and ditches are used for road drainage, a
culvert of no less than twelve inches in diameter shall be installed. At the sides of the lot and
between houses, a common swale shall be created using the side property line as the center of
the swale. -
XI.
Insurance
(1) The Association shall purchase and maintain, to the extent reasonably
available, hazard insurance against loss or damage by fire and similar perils for all
improvements and fixtures owned by the Association located on Common Areas, including
personal property of the Association. The insurance, if reasonably available, shall cover at
least ninety percent (90%0) of the current replacement costs of the improvements and fixtures,
after application of any deductibles, as determined by the Association with the assistance of
the insurance company providing coverage or consultant selected by the Executive Board.
Coverage may exclude land, foundations, excavations, or other items that are usually
excluded from insurance coverage. The. insurance policy shall require that the insurer notify
the Association in writing at least sixty (60) days prior to any substantial change in coverage
or cancellation. The insurance policy shall also contain clauses providing for waiver of
subrogation.
(2) If the property of the Association is located within a special flood
hazard area, the Association may purchase and maintain flood insurance in amounts it deems
17
necessary. Any such policy shall require the insurer to notify the Association in writing at
least sixty (60) days priorto cancellation or any substantial change in the coverage.
(3) The Association shall purchase and maintain at all times a
comprehensive general liability insurance policy covering all Common Areas and any other
areas that are under its supervision. The liability insurance shall "insure against liability to the
public or to Owners, their tenants, guests or invitees, relating in any way to the ownership,
operation, maintenance and/or use of the Common Areas, and any part thereof, and any other
areas under the Association's supervision. Such insurance policy shall, if reasonably
available, contain a "severability of interest endorsement" or equivalent coverage which
precludes the insurer from denying the claim of an Owner because of the negligent acts of
the Association or other Owners. Limits of liability shall be at least One Million Dollars
($1,000,000) covering all claims for bodily injury and/or property damage arising out of a
single occurrence. Coverage under this policy shall include, if available and economically
feasible, legal liability arising out of losses related to employment contracts of the
Association.' The policy shall require the insurer to notify the Association in writing at least
ten (10) days before the insurer cancels or substantially changes the coverage. The general;
liability insurance to be purchased pursuant to this subsection shall include Directors and
Officer Liability Insurance in an amount not less than One Million Dollars ($1,000,000), or,
if such coverage cannot be obtained within said policy, a separate policy providing such
coverage and in such amount shall be purchased by the Association.
(4) Fidelity bonds or insurance coverage against dishonest acts on the part
of such persons (including by way of illustration and not limitation, Association' members,
officers, directors, managers, agents, employees and volunteers) handling or responsible for
funds belonging to or administered by the Association may be maintained by the Association
if deemed necessary. In the event the Association has delegated some or all of the
responsibility for handling of funds to a management agent, such bonds or insurance
coverage may include officers, employees and agents of such management agent. Any such
fidelity bond or insurance shall name the Association as the named insured. Any such policy
shall contain a provision providing that it may not be cancelled or substantially modified
(including cancellation for nonpayment of premium) without at least ten (10) days prior
written notice to the Association and all Eligible Mortgage Holders.
(5) If the insurance described in Section (1) and (3) above is not
reasonably available, the Association promptly shall cause notice of that fact to be hand-
delivered or sent prepaid by United States Mail to all Lot Owners.
(6) Each Owner shall be responsible for obtaining and shall pay the cost of
any hazard insurance against fire and similar perils including flood on such Owner's
Dwelling, personal' property, fixtures and appliances. Each Owner's hazard insurance policy
shall name the Association as a loss payee. Each Owner shall be responsible for purchasing
and maintaining liability insurance covering his Lot and Dwelling.'
(7) If any Dwelling locatedon a Lot is destroyed by fire or other casualty,
all rubbish and debris shall be removed with promptness after such fire or other casualty. In
no event shall debris or rubbish remain on a Lot longer than two (2) months after such fire or
other casualty. Provided, however, no such removal or demolition shall be required if
prohibited by court: order or if a legal or insurance investigation concerning such fire or
casualty is ongoing.
18
(8) The deductible, if any, of any insurance policy purchased by the
Executive Board shall be a Common Expense; provided, however, that the Association may,
pursuant to Article VI hereof, assess as a special assessment any deductible amount
necessitated and arising from the act, misuse or neglect of an Owner or such Owner's tenant,
household, guests, employees, agents, and invitees.
XII.
Restrictions on Use and Occupancy
(1) The division or any recombination of Lots shown on plats of the
Subdivision recorded by the Declarant in the Onslow County Register of Deeds is permitted
provided that the Person(s) requesting a division or recombination shall make a written '
request therefore to the Executive Board, as hereinafter provided, and the Executive Board
determines that the following requirements are met and conditions fully satisfied:
(a) The Person(s) submitting the application shall be Owners of the
Lots to be divided or recombined.
(b) The proposed division or recombination of Lots shall not
increase the number of Lots (i.e., Lots or portions of Lots are combined with other Lots or
portions of other Lots to form a new Lot).
(c) A surveyor registered to conduct land surveys in the State of
North Carolina shall have prepared a map or plat meeting all requirements for the recording
thereof in the Onslow County Register of Deeds depicting the division or recombination of
Lots.
(d) The Executive Board shall have received fully executed copies
of the deed(s) or other instruments(s) of conveyance affecting the division or recombination
of the Lots.
(e) The Owners shall have submitted to the Executive Board an
executed copy of the agreement between such Owners of the divided or recombined Lots, in
form so as to be recordable in the Onslow County Register of Deeds, establishing the liability'
as between said Owners for the purpose of establishing the obligation and liability for
payment of assessments levied against the Owners resulting from the recombination or
division of the previously existing Lot(s).
Applications to the Executive Board shall include two (2) complete sets of the documents set
forth above and shall be (a) hand delivered to the current President of the Association or (b)
mailed certified or registered with return receipt requested to the registered office of the
Association and marked to the attention of the President of the Executive Board.
Any Lot which is created by the combination of one or more Lots or portions thereof shall be
considered only one Lot under these Restrictions notwithstanding the fact that it may contain
more thanone Lot, except for purposes relating to assessments as set forth in Article V(1)(d).
Any drainage or utility easement which runs along the side lot lines of a Lot automatically
shall' be relocated to the new side lot lines of any new or resultant Lot. If the drainage or
utility easement is already in use, the Owner combining the Lots shall pay for the relocation
19
of such drainage or utility easements and the lines and pipes using such and any replacement
and re-location of Landscaping.
(2) All Lots shall be used for single family residential purposes only and
no dwelling shall be erected on any Lot other that one detached single family dwelling not to
exceed two and one-half stories in height (which shall include pilings for houses with
foundations' not directly on the ground), and a one, two, or three car garage. No permitted
garage shall be utilized for living quarters. No trailer, tent, mobile home, or other structure
of a temporary character shall be placed on any Lot. All buildings shall be of fiber cement
siding, cedar siding or brick. Any other materials must be approved by Declarant.
(3) Setbacks: All improvements to all Lots must comply with Pender
County setback requirements for a development of this type. The establishment of inflexible
building setback lines for location of houses on Lots tends to force construction of houses
directly to the side of other homes with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related considerations. 'In order to
assure, however, that the foregoing considerations are given maximum effect; the site and
location of any house or dwelling or other structure upon any Lot shall be controlled by and
must be approved absolutely by the Architectural Review Committee; provided, however,
that no structure shall be constructed: closer to a Lot line than is permitted by applicable
governmental regulations. Further, absent extraordinary circumstances set forth below, the
Architectural Review Committee shall approve no -plans unless the following minimum
setback requirements are met:
Front yard: 40 feet from Lot line
Side yard (not situated on a Road): 10 feet from Lot line
Rear yard and Side yard on Road: 20 feet from Lot line
Setbacks for Lots in all other phases or annexed properties shall be set by Declarant in its
sole discretion. It is possible that future phases may have Villa Lots or townhomes, which
could have less setbacks than those set forth above.
The Architectural Review Committee shall have the right, to approve deviations from each of
these setback requirements upon application of an individual lot owner if, for reasons of
topography or septic approvals, strict compliance creates a hardship if such approval does not
violate the applicable governmental regulations or approvals. If required by:Pender County,
each plot plan must receive zoning approval prior to the comrhencement of any construction.
(4) No dwelling erected on any Lot shown on the Maps shall have less
than 2200 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used
herein shall be the total finished/heated.area within the dwelling; provided, however, that
such term does not include garages, terraces, decks, porches and other unheated areas. The
Declarant, as provided above, shall be entitled to amend this Declaration to establish
different square footage minimums for any Additional Property annexed to the Planned
Community for the types of homes that could be included in these future phases,. including
Villa Lots or townhomes.
(5) No Lot shall be re-subdivided in such a manner as to create a re
subdivided Lot or a portion of a Lot having less than 20,000 square feet. Nothing herein shall
20
prevent a redivision which shall increase the square footage of a Lot used for the erection of
a detached single; family dwelling as hereinbefore defined. Any subdivision or
recombination must be approved by the Declarant of the Executive Board.
(6) No commercial trade or activity, or any noxious trade or activity
whatsoever, shall be carried on upon any Lot, nor shall anything be done thereon which may
be, or may become, an annoyance or nuisance to other Lot Owners. Unsightly, inoperative
junk cars and, like eyesores: cannot be maintained on any Lot either prior to or after a
dwelling has been erected on said Lot or on any Street located in the Subdivision and any
such automobiles may be removed by the Declarant or the Corporation at the 'Lot Owner's
expense.
(7) There shall not be placed or used on any Lot any of the following
structures: trailer, mobile home (including a multiple-wide mobile home), tent, shack, garage
apartment, barn, any other out building or any such structure of a`permanent or temporary
character.
(8) All buildings, structures and their appurtenances located on a Lot shall
be maintained in a suitable state of repair, and in the event of destruction by fire or other
casualty, the Lot is to be cleared and debris removed within sixty (60) days from the date of
such casualty,
(9) No animals, other than domesticated dogs, `cats or other household
pets, may be kept or housed on any Lot. No dogs, cats or other household pets may be kept,
bred or maintained for any commercial purposes, nor may they be kept in such numbers or of
such nature as to be or become a nuisance to adjoining Lot Owners or any residents of the
Subdivision. Any housing or shelter constructed for said domesticated dogs or cats shall be
screened with fencing (or otherwise) that shall be approved by Declarant or the Committee.
Animals, when not housed, shall be on a leash at all times.
(10) No Lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage, or other waste, and such materials may not be kept on any Lot, except in
sanitary containers. All incinerators or other equipment for the storage or disposal of such
materials shall be kept in a clean and sanitary condition. Upon completion of construction of
a dwelling, and as a part of the construction, the Owner of said Lot thereof shall generally
landscape the Lot so as to be in keeping with the yardsof the Owner's neighbors. The front
yard areas of all Lots shall be generally smoothed and sodded at all street fronts and all
Stormwater Management Facilities, as hereinafter defined, located on a Lot shall be
maintained by the Owner of such Lot in compliance with North Carolina State Stormwater
Management Permit Number and any amendments, additions or
replacements thereof, or any such permit obtained by Declarant and relating to property
annexed into the Subdivision by Declarant as provided herein. There shall be no mass
clearing or stripping of trees from any Lot without the prior written consent of the Declarant
or the Committee. ,
(11) No fence shall be erected on any Lot nearer the front property or lot
line than the rear corners of the dwelling erected on said Lot, and all fences types, materials,
and locations shall be approved by the Committee. No fence or structure of any kind shall be
placed within utility and drainage; easements shown on the Maps or upon any Stormwater
Management Facility except as permitted by the Permit.
21
(12) No boat, motor boat, camper, trailer, school bus, motor home, mobile
home, truck rated over one (1) ton, or other vehicle similar to any of the same shall be
permitted to remain on any Lot, or in any parking space on or adjacent to any Lot, unless
prior written consent forthe same is obtained from the Declarant or the Committee, or unless
the same is properly stored in an enclosed area such that no part of such vehicle is visible to
anyone from the Streets located in the Subdivision.
(13) Any and all erosion from a Lot occurring, as the result of any
construction on said Lot must be stabilized and,controlled as described hereinabove within
thirty (30) days of the occupancy of said dwelling by the Owner of the Lot or as required by
any applicable law, regulation, rule or ordinance.
(14) Omitted.
(15) In the event the Owner of a Lot shall damage or through negligent
failure to act allow damage to occur to any drainage or utility easement or Stormwater
Management Facilities located in the Subdivision, the Owner of said Lot shall be responsible
and liable for the repair or replacement.of said drainage or utility easement or the Stormwater`
Management Facilities as provided in these Restrictions. From and after the time the Permit
is transferred to the Corporation, Declarant shall have no responsibility for maintaining any
drainage easements or Stormwater Management Facilities in the Subdivision except drainage ;
easements or Stormwater Management Facilities located on Lots owned by Declarant.
Within the drainage and utility easements set forth in these Restrictions or shown on the
Maps, no structure, fencing, planting or other material shall be placed or permitted to remain
which may damage or interfere with the installation or maintenance of utilities or which may
change the direction or flow of drainage channels in the easements or violate the provisions
of the Permit.
(16) It shall be the obligation of the Owner of any Lot in the Subdivision to
provide, install and maintain an adequate culvert or drain pipe beneath any driveway located
on said Lot as said driveway crosses the ditch or swale line at the front of the Lot in order
that the natural flow of drainage will not be at any time blocked along the street. The culvert
or drainage pipe must be of sufficient size to accommodate the flow of surface water in the
ditch line. In no instance shall said drainage pipe be less than 15 inches in diameter. This
pipe shall be installed prior to the construction of any dwelling on a Lot. The foregoing
provisions of this Paragraph (16) notwithstanding, all such culverts or drain pipes, shall
comply with the Permit.
(17) Motor vehicles without. current and valid licenses and inspections shall
not be permitted to remain on any Lot or any Streets within the Subdivision. Motor vehicles
utilized for commercial -purposes shall not be permitted upon any Lot or upon the Streets
within the Subdivision except during the construction of residential dwellings upon the Lots
and for the delivery of goods and services to the residential dwellings located upon the Lots.
(18) All signs must be approved by the Declarant or HOA. It is the
developer's intent to limit signage to one builder/contractor sign, site number/identification
sign and the marketing company sign per lot. No tree signs or subcontractor's signs of any
type will be allowed. Construction signs are not to exceed 16 sq. ft per acre or 32 sq ft,
whichever is less. Real Estate "for sale" signs and marketing signs must have 2 x 2 posts
with a maximum sign width and height of 2 feet but not to exceed 3.5 sq ft. All signs must
22
Tr
be professional quality with vinyl.or sandblasted lettering. No sign erected shall be
unpainted. All wood components including posts must be painted. All signs must comply
with the Surf City Town Ordinance and any other relevant ordinances.
Subdivision signs advertising the sale of lots or homes within new subdivisions on
which they are located are permitted, provided that no more than one sign shall be located at
each major entrance to the subdivision.
(19) No yard statuary or TV satellite signal receiving dishes are permitted
on any Lot and no outside radio or television antennas shall be erected on any Lot or
dwelling unit unless and until permission for the same has been granted by the Architectural`
Review' Committee; provided, however; satellite dishes not over 18" in diameter' which
cannot be seen from the street are permitted. If a contract with a third-party service provider
prohibits the use of satellite dishes or outside antennas, then the same shall be prohibited.
(20) No Person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Elements except at the direction or with
the express written consent of the Association.
(21) Except as provided herein for Declarant and for Builders, no signs
(including "For Sale" or "For Rent" signs) shall be permitted on any Lot or in the Common
Elements. Again, Declarant shall be allowed to erect and maintain whatever signs it desires,'
at its sole and absolute discretion, including signs on Common Elements. Prior to the
expiration of the Declarant Control Period, Declarant shall have the authority to establish
sign rules and regulations that will be permitted after the end' of the Declarant Control Period.
For example, Declarant may establish a standard "For Sale" sign that will be allowed to be
displayed after the expiration of the Declarant Control Period.
(22) Leases. No rental or lease ' of any Lot or any residence shall be
permitted without the express written permission of Declarant or the Association.
Mil.
Special Declarant Rights
In addition to rights elsewhere reserved by Declarant in this Declaration, the Articles and the
Bylaws, Declarant hereby reserves those Special Declarant Rights as defined in the Act
together with the following:
(1) Declarant reserves the right to subject the Lots to a contract with any
public utility or municipality for electricity and lighting to the Lots, including the installation
of underground electric cables, which contract may require an initial payment and/or
continuing monthly payments to such public utility or municipality by the Owner of each
Lot. Such expense, including both initial and continuing monthly payments, shall be an
individual cost to be borne by each individual Lot Owner and is not a Common Expense paid
through assessments.
(2) Declarant hereby retains and reserves for itself, together with the right
to grant similar easements to other Persons, perpetual non-exclusive general access and
utility easements over, upon and under the streets, roads, utility lines, Common Areas, and
23
drainage and utility easements existing in the Subdivision and/or shownon the Maps. Such
easements are non-exclusive and are for the purpose of providing utilities and access to
property in the Subdivision area. Said easements shall run to the benefit of all parties and
property to whom Declarant grants similar easements. Reference to access easements
throughout this Declaration shall be interpreted to include perpetual non-exclusive general
access and utility easements for ingress, egress, regress, access and the maintenance and
installation of utilities.
(3) Declarant retains and reserves a perpetual easement over and under the
Streets in the Subdivision for the purpose of installing, maintaining, and repairing power
lines, light poles, light fixtures and other apparatus necessary for a,street light system for the
Subdivision.
(4) Declarant retains. and reserves for itself, together with the right to grant
a similar easement to any other Person, a perpetual easement over and under the Streets in
the Subdivision for the purpose of installing, maintaining, and repairing water and sewer
lines to service property in the Subdivision area.
(5) Declarant' reserves for itself and its successors and assigns the
easements depicted on the Maps for the installation and maintenance of Landscaping during
the Development Period.
(6) The right to appoint the Committee as set forth in Article'X(1) of this
Declaration.
Declarant may transfer all or any portion of the Special Declarant Rights created or reserved
hereunder to any Person pursuant to the provisions of the Act.
(7) The Declarant and Association reserves the right to subject the real
property to a contract with an electric utility company for the installation of underground
electric cables and/or the installation of street lighting, either or both which may require an
initial p4yment and/or a continuing monthly payment to an electric compaLay or Association
by the owner of apy Lot. If the moneigg obligation is required of the Association, then the
same shall be a Common Eaense.
(8) Declarant may transfer all or any portion of the Special Declarant
Rights created or reserved hereunder to any Person; pursuant to the provisions of the Act.
(9) Declarant shall have the , right to require all purchasers of Lots to "
complete construction within a certain designated time period. At the time of the publishing
of this Amendment,, Declarant intends to condition the sale of all Lots on purchasers
completing construction within one (1) year from the date of purchase (which shall be
determined by the date of recording of the deed of conveyance to original purchaser from
Declarant). The purpose of this provision is to promote growth and development and to
ensure that the development of the Property is not unreasonably hindered. As such, this
provision is a material condition on which all prices, terms, and features of the Property are
expressly conditioned. Declarant may enforce this provision by any means permissible under
the law, including but not limited to, requiring purchasers to execute and record Rights of
First'Refusal or Options to Purchase that will allow Declarant (or its assigns) to purchase any
lot or property on which' construction is not complete (which shall be determined by issuance
24
f z
of a certificate of occupancy from the County) within the designated or agreed upon time
period or which violates the terms of this provision.
XIV.
Development of the Subdivision
(1) Declarant hereby reserves' an option to expand the Subdivision from
time to time without the consent of any Owner or Eligible Mortgagee by submitting all or any
portion of the Additional Property to the provision of this Declaration and the jurisdiction of
the Association. The option to incorporate Additional Property into the Subdivision shall
continue to the end of the Development Period and may be terminated only upon the
recordation by Declarant of an instrument relinquishing such option. When submitting any
portion of the Additional Property to the provisions of this Declaration and the jurisdiction of
the Association, Declarant reserves the right unilaterally to record additional amendments to
the Declaration subjecting any Lot on such portion of the Additional Property to such
additional covenants, restrictions and conditions as may be necessary, in the discretion of
Declarant, to reflect the different characteristics of the development of such portions of the
Additional Property as are not inconsistent with the overall scheme of the Declaration;
provided, however, that Declarant shall not have such right over a specific Lot after the
conveyance of such Lot to an Owner other than Declarant.
(2) Declarant may unilaterally amend the description of the Additional
Property set forth in **Attachment A** and the Maps of the Additional Property. All
easements, rights of ways and other rights granted to Declarant in this Declaration' shall
specifically apply to the development of Additional Property..
(3) Declarant shall record in the office of the Register of Deeds of Onslow
County one or more amendments to the Declaration submitting such portion of the
Additional Property described thereinto this Declaration and to the jurisdiction of the
Association. Each amendment shall include a legally sufficient description of the real estate
added and each of the Maps. shall designate such real estate with the term "Section" followed
by a unique identifier so as to differentiate between each Section of the Subdivision. Any
such amendment may contain such additions, modifications or other changes to the
provisions in this Declaration as may be necessary, in the discretion of Declarant, to reflect
the different character of the Additional Property added thereby and as are not inconsistent
with the overall scheme of this Declaration; provided, however, that such additions shall not
apply to any real estate previously submitted to this Declaration. When recording; an
amendment. adding all or portions of the Additional Property to the Subdivision, appropriate
Maps shall be recorded showing such Additional Property being submitted, describing any
real estate being conveyed to the Association as Common Areas and, showing any new Lots.
XV.
Waiver
No provision contained in Association Documents shall be deemed to have
been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any
Person as to the same or similar future violations, no matter how often the failure to enforce
is repeated.
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XVl.
Variances
The Executive. Board in its discretion may. allow reasonable variances and
adjustments in the restrictions contained herein in order to alleviate practical difficulties and
hardship in their enforcement and operation. Any such variances shall not violate the spirit
or the intent of this document to create a Subdivision of Lots owned in fee by various Persons
with each such Owner having an easement upon areas owned by the Association. No
variance or adjustment will be permitted if such would be materially detrimental or injurious
to the welfare of the other property and improvements in the Subdivision as determined by
the Executive Board.
XVIL
Duration, Amendment and Termination
(1) The Restrictions contained in this Declaration shall run with and bind
the Lots and Common Areas until April 1, 2026; after which time they shall automatically be
extended for successive periods of ten (10) years. This Declaration may be amended in full
or part by an affirmative vote or written agreement signed by Owners of Lots to which at
least sixty-seven percent (67%) of the votes in the Association are allocated; provided, that
no amendment shall: (a) alter any obligation to pay ad valorem taxes on the Common Areas;
(b) alter any obligation to pay assessments for street lighting as herein provided or affect any, ;
lien for the payment of same; (c) modify any provision contained herein which specifically
requires the consent of another party to modify such provision unless the required consent of
such other party has been obtained; or (d) modify the rights or add to the obligations of the
Declarant unless the Declarant executes the instrument.
To be effective any amendment must be recorded in the Onslow County
Register of Deeds office.
(2) , Until the termination of the Class B membership, Declarant may
unilaterally amend' this Declaration for any purpose; however, any such amendment shall not
adversely affect the title to any Lot unless the Owner thereof shall consent in writing. .
(3) Invalidation of any of these Restrictions by judgment or court order
shall in noway affect any other provision of these Restrictions which shall remain in full
force and effect.
(4) This Declaration and Redd's Cove planned community may be
terminated only by written agreement signed by Owners of Lots to which at least eighty
percent (80%0) of the votes in the Association are allocated. Any such termination shall be in
accordance with the provisions of N.C. Gen. Stat. § 4717-2-118.
(5) The covenants and restrictions contained in this Declaration are for the
purpose of protecting the value and desirability of the Planned Community and the Lots. All
present and future Owners, tenants and occupants of Lots and their guests or invitees, shall
be subject to, and shall comply with the provisions of the Declaration, and as the Declaration
may be amended from time to time. The acceptance of a deed of conveyance or the entering
26
into of a lease or the entering into occupancy of any Lot shall constitute an agreement that
the provisions of the Declaration are accepted and ratified by such Owner, tenant or
occupant. The covenants and restrictions of this Declaration shall run with and bind the land
and shall bind any person having at anytime any interest or estate in any Lot, their heirs,
successors and assigns, as though such provisions were made a part of each and every deed
of conveyance or lease, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of ten
(10) years, unless terminated by the Lot Owners.
Will.
Common Areas: Private
(1) All Common Areas and any facility thereon are private. Neither the
Declarant's execution of this Declaration; nor recording of the Map nor any other act of the
Declarant with respect to the property is or is intended to be or shall be construed as a
dedication to the public of any of the Common Areas. An easement for the use and
enjoyment of each of the areas designated as Common Areas is reserved by the Declarant, its
successors and assigns.
(2) All Common Areas shall be owned by the Association and shall be
accepted by the Association free and clear of all liens and encumbrances except pro rata ad
valorem real property taxes for the year of conveyance, reasonable drainage and utility
easements, the easement rights specified herein, including but not limited to, easement rights
retained by Declarant herein, all government laws and regulations, and this Declaration.
XIX.
Acceptance
(1) The grantee of any Lot subject to these Restrictions, by acceptance of
a deed conveying title thereto, or by the execution of a ,contract for the purchase thereof,
whether from Declarant or a subsequent owner of such Lot, shall accept such deed or
contract upon and subject to each and all of these Restrictions herein contained and "also the
jurisdiction, rights and powers of Declarant and the Association, and by such acceptance
shall for himself, his heirs, personal representatives, successors and assigns, covenant,
consent and agree to and with Declarant and the Association and to and with the grantees and
subsequent owners of each of the Lots to keep, observe, and comply with the Association
Documents.
(2) Each such grantee also agrees, by such acceptance, to assume, as
against Declarant, its successor and assigns, all of the risks and hazards of ownership or
occupancy attendant to such Lot, including but not limited to its proximity to any Common
Element or recreational facility.
XX.
Hearing Procedure
Except as may be otherwise specifically authorized by this Declaration or the
Bylaws, the Executive Board shall not impose a fine or penalty, undertake permitted
27
t ,
remedial action, suspend voting or infringe upon other rights of a member or other occupant
for violations of the Declaration, the Bylaws, or the Association's rules and regulations, or
during any period that assessments or other amounts due and owing to the Association
remain unpaid for a period of thirty (30) days or longer unless and until the following
procedure is followed:
(1)' Demand. Written demand to cease and desist from an alleged
violation shall be served upon the alleged violator specifying (i) the alleged violation;, (ii) the
action required to abate the violation; and (iii) a time period, not less than ten (10) days,
during which the violation may be abated without further sanction, if such violation is a
continuing, one, or a statement that any further violation may result in the imposition of a
sanction after notice and hearing if the violation is not continuing.
(2) Notice. At anytime within twelve (12) months following such
demand, if the violation continues past the period allowed in the demand for abatement
without penalty or if the same rule is subsequently violated, the Board or its delegate shall
serve the violator with a written notice of a hearing to be held by the Covenants Committee if
such committee is appointed, and if not the Executive Board of the Association inexecutive
session. The notice shall contain: (i) the nature of the alleged violation; (ii) the time and
place of the hearing, which shall not be less than ten (10) days from the giving of the notice;
(iii); an invitation to attend the meeting and produce any statement, evidence and witness on '
his or her behalf; and (iv) the proposed sanction to be imposed. The notice prescribed herein
may be served by mailing a copy of said notice to the alleged violator by placing said notice
in the United States mail; postage prepaid, by any method as permitted for the service of
summons as set forth in Rule 4 of the North Carolina Rules of Civil Procedure or by the
delivery of said notice by an officer, director or agent of the Association to the alleged
violator or to any person who may be served on the alleged violator's behalf as provided in
said Rule 4.
(3) Hearing. The hearing shall be held in executive session of the
Covenants Committee, if such committee is appointed, or if not, the Executive' Board of the
Association pursuant to the notice affording the member a reasonable opportunity to be
heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation'
to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed
adequate if a copy of the notice, together with a statement of the date and manner of delivery,
'i
is entered by the officer, director or agent who delivered such notice. The notice requirement
shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the
meeting shall contain a written statement of the results of the hearing and the sanction, if any,
imposed. In addition, a written statement of the results of-the hearing and the sanction, if any
imposed shall be mailed by United States mail, postage prepaid, by the Association to the
violator.
(4) Appeal. Following a hearing before the Covenants Committee of the
Association, if such committee is appointed, the violator shall have the right to appeal the
decision to the Executive Board. To perfect this right, a written notice of appeal must be
received by the managing agent of the Association, President or Secretary of the Association
within thirty (30) days following the hearing date, said written notice to contain information
by which the Executive Board may notify the alleged violator of the date of the appeal
hearing. If no Covenants Committee is appointed by the Executive Board, no right of appeal
shall exist.
28
(5) Sanctiorras Assessment. Pursuant to the provisions of this Section a
fine may be imposed by the Association in an amount not exceeding One Hundred Fifty and
No/100 Dollars ($150.00) (or as may be provided otherwise by law) per violation of the
Declaration, the Bylaws, and the Association's rules and regulations and without further
hearing, for each day after the decision to impose such fine that the violation occurs. Any
such fine shall be an assessment asset forth in North Carolina General Statutes §47F-3-
107(d). If it is decided pursuant to the provisions of this Section that a suspension of
privileges or services should be imposed, the suspension may be continued without further
hearing until the violation or delinquency is cured.
XXI.
Captions
The captions preceding the various Articles of these Restrictions are for the
convenience of reference only, and shall not be used as an aid in interpretation or
construction of these Restrictions. As used herein, the singular includes the plural and where
there is more than one Owner, of a Lot, said Owners are jointly and severally liable for the
obligations herein imposed. Throughout this Declaration, references to the masculine shall
be deemed to include the feminine, the feminnine to include the masculine and the neuter to
include the masculine and feminine.
XXII.
Notice
All notices provided for or permitted pursuant to these Restrictions shall be in
writing and, except as is herein expressly otherwise provided, notice; shall be deemed
sufficient and service thereof completed upon transmittal by facsimile, hand-delivery or
receipt, refusal or non delivery of same when mailed postage prepaid to the party to or upon
whom notice is being given or served at the address of such party last reflected on the records
of the Association. '
XXIII.
Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its
purpose of creating a Planned Community of fee simple ownership of Lots with Common
Areas governed and controlled by rules, regulations, restrictions, covenants, conditions,
reservations and easements administered by an owners' association with each Owner entitled
to and burdened with various rights and easements.
XXIV.
Joinder
(Note to LSG ***)
joins in the execution of this Declaration to consent to the terms of
the same pursuant to the deed of trust on the property to, Trustee for
29 -
=owl
t r ?
said deed of trust being recorded in Book at Page in the office
of the Register of Deeds of Onslow County.:
XXV.
Stormwater Permit/Facilities
(1), Stormwater Permit. The Association and each of its Members agree
that at anytime after, (i) all work required under the Stormwater Permit has been completed
(other than operation and maintenance activities), and(ii) the Developer is not prohibited
under DENR regulations from transferring the Stormwater Permit for the Planned
Community to the Association, the Association's officers without any vote or approval of Lot
Owners, and within 10 days after being requested to do so, will sign all documents required
by DENR for the Stormwater Permit to be transferred to the Association; provided, however,
that at the time the Developer requests that the Association accept transfer of the Stormwater
Permit, the Developer has delivered to the Association a certificate from an engineer licensed
in the State of North Carolina, dated no more than 45 days before the date of the request, that
all stormwater retention ponds, swales and related facilities are constructed in accordance
with the plans and specifications therefore. If the Associationfails to sign the documents
required by this paragraph, the Developer shall be entitled to specific performance in the
courts of North Carolina requiring that the appropriate Association officers sign all
documents necessary for the Stormwater Permit to be transferred to the Association, Failure
of the officers to sign as provided herein shall not relieve the Association of its obligations to
operate and maintain the stormwater facilities covered by the Stormwater Permit.
(2) Stormwater Facilities_ Operation and Maintenance. Any stormwater
retention ponds and related facilities for the Planned community which have or are to be
constructed by or on behalf of Declarant constitute Common Elements and, subject only to
the provisions of Section 3 of this Article (damage by Declarant), the Association, at its sole
cost and expense, is responsible for the operation and maintenance of such facilities. Such
Operation and Maintenance shall include, but not be limited to, compliance with all of the
terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3
of this Article, the Association shall indemnify and hold harmless the Developer from any
obligations and costs under the Stormwater Permit for : operation and maintenance of the
stormwater retention ponds and related facilities.
(3) ; Damage to Storm Water Facilities. The Declarant' shall at its sole cost
and expense be responsible for repairing any damage to storm water facilities- which -
Declarant determines is caused by the Developer's development: activities. The Developer
shall not be responsible for damages . o stormwater retention ponds and related facilities
caused by another other cause whatsoever,' including but not limited to construction of
residences or other activities by Owners, their agents and contractors, upon their Lots, acts of
God, and the negligence of others. Lot Owners shall be responsible for damages to such
stormwater facilities caused by construction of buildings or other activities upon the Owner's
Lot. Each Owner, shall within 30 days after receipt of notice ` of damage to stormwater
facilities, repair the `damage at the Owner's sole cost and expense to return them to the state
required by the stormwater plans and specifications for the Planned Community. If the Lot
30
Owner fails to do so within said 30-day period, the Association shall perform the work and
the cost of the work shall be added to the Annual Assessment due from the Lot Owner:
(4) Enforcement Of Storm Water Runoff Regulations. The following
covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number as issued by the Division of Water Quality under NCAC
- 2H.1000.**
(a) The State of North' Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with
the stormwater management permit.
(b) These covenants are to run with the land, and be binding on all
persons, and parties claiming under them.
(c), The covenants pertaining to `stormwater' may not be altered or
rescinded without the express written consent of the State of
North Carolina, Division of Water Quality.
(d) Alteration of the drainage as shown on the approved plan may
not take place without the concurrence of the Division of Water
Quality.
(e) The maximum allowable built-upon area per Lot is as follows ;
(this data is for Lots shown on the above-referenced plat plus
lots for which the Declarant has an approved stormwater plan
but which Declarant is under no obligation to subdivide or
develop in any particular fashion or for any particular use):
These allotted amounts include any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot` line and the
edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised,
open wood decking, or the water surface of swimming pools. Declarant. reserves the right to
recalculate the maximum allowable built-upon areas if required by applicable regulations.
(f) Build-upon area in excess of the permitted amount will require a
permit modification.
(g) Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the development except for average driveway
crossing, is strictly prohibited by any persons.
(h) Each Lot will maintain a 30' wide vegetated buffer between
impervious areas and surface waters.
(i) All roof drains shall terminate at least 30' from the mean high water
mark of surface waters.
31
XXVI
Mitigation and Clean Water Act Comliance
(1) The areas shown on the recorded plat (entitled dated and
recorded in Map Book at Page of the County Registry **) as
conservation areas shall be maintained in perpetuity in their natural or mitigated condition.
No person or entity shall perform any of the following activities on such conservation area:
(a) fill, grade, excavate or perform any other land disturbing activities;
(b) cut, mow, burn, remove, or harm any vegetation;
(c) construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or
temporary 'structures; -
(d) drain or otherwise disrupt or alter the hydrology of drainage ways of
the conservation area;
(e) dump or store soil, trash, or other waste;
(f) graze or water animals, or use for any agricultural or horticultural
purpose.
This covenant is intended to ensure continued compliance with the mitigation_
condition of a Clean Water Act authorization issued by the United States of America, US
Army Corpsof Engineers, Wilmington' District, Action ID, and therefore may be enforced by
the United States of America. This covenant is to run with the land, and shall be binding on
the Owner, and all parties claiming under it. The provisions of this paragraph **
cannot be amended without the express written consent of the U.S. Army Corps of Engineers,
Wilmington District."
32
IN TESTIMONY WHEREOF, the parties have caused this instrument to be
executed in such form as to be binding, all by authority duly given, this the day and year first
above written.
Lanier Limited Partnership Two,
a North Carolina limited partnership
BY: (SEAL)
David C. Lanier - Managing Partner
STATE OF NORTH CAROLINA
COUNTY OF
This day of , 2006, personally came before me
Notary Public of County, State of
North Carolina, who, being by me duly sworn, says that he/she is a General Partner of Lanier
Limited Partnership Two, a North Carolina limited liability corporation, and that said writing
was signed and sealed by him/her in behalf of said partnership by its authority duly given.
And the said General Partner acknowledged the said writing to be the act and deed of said
Limited Partnership.
Witness my hand and official stamp or seal this day of ;
200,
Notary Public
My commission expires:
33
Joinder and Consent
The undersigned, owners of Lot Redd's Cove, recorded in Map Book - at Page
of the Onslow County Registry, join in the foregoing Declaration of Covenants, Conditions
and Restrictions for the purpose of subjecting their Lot to the foregoing Declaration of
Covenants, Conditions and Restrictions.
In Witness whereof, the undersigned have hereunto set their hands and seals, this the
day of , 200.
(SEAL)
(SEAL)
34
i
Subject: Off hold ???
From: Joanne Steenhuis <[e-mail]>
Date: Tue, 05 Sep 200617:57:32 -0400
To: Bev Strickland <Bev. Strickland@ ncmail.net>, Ian McMillan <[e-mail]>
Alright, my brain is fried and I must ask you this question
If a, project is on hold (per the regional office) and they send me the info and not you
(although in the letter I specifically tell them to)...is it technically still on hold with
you until I send a copy of the information to the Central Office????
project in question is 06 0725 Redds Cove in,onslow county
I have issued the certification on 8/31/06 and I am sending the ad-info stuff along with the
certification letter, I didn't enter it into BIMS because of this question ........ help
?OF W A 7TF99 Michael F, Easley, Governor
?O William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Ca Y Alan W. Klimek, P.E. Director
Division of Water Quality
June 1, 2006
DWQ Project #-06ft4 1"
Onslow County
CERTIFIED MAIL: 7005 0390 0001 3200 4017
RETURN RECEIPT REQUESTED
Wayne Lanier
744 Cockle Street
Holly Ridge, NC 28445
Subject Property: Redds'Cove Subdivision
Maintence Dredging, bulkhead and boat ramp
REQUEST FOR MORE INFORMATION
Dear Mr. Lanier:
On April 26, 2006; the Division of Water Quality (DWQ) Regional Office received your CAMA application dated
April 25 for maintenance dredging of existing canals, to construct a bulkhead along the canal shoreline and construct
a boat ramp. This will impact 2613 sq ft of 401 `wetlands. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide a copy of the draft deed notification or covenants and restrictions that, at a
minimum, notify future lot owners that there are wetlands on the property, which are protected by the NC
Division of Water Quality and the US Army Corps of Engineers. , If you plan on preserving the remaining
wetlands on the tract, please provide the draft language that will accomplish preservation:
If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we
will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized (at
this time) by the DWQ. Please call me at 910-796-7215 if you have any questions regarding or would like to -
set up a meeting to discuss this matter:
Sincerely,
Joanne Steenhuis
Environmental Specialist III
cc: Brent Manning - Land Management ® Ll 0 t^r
Ian McMillian - 401 Oversight Unit
Jon Giles -;DCM Wilmington SEP 1 `5 2006
Doug Huggett DCM - Morehead
WiRO DENR-WATILr.a ;
Central Files WETIANDSANDSTt9RMWAi'AbRANCH
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.623-6748
Wilmington Regional Office Wilmington, NC 28405.3845 FAX [phone] Internet: h2o.encstate.nc us' One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarolina
Natura!!il
Redds Cove/Wayne Lanier CAMA application
Subject: Redds Cove/Wayne Lanier CAMA application
From: "Brent Manning" <[e-mail]>
Date: Fri, 23 Jun 2006 15:57:10 -0400
To: <[e-mail]>
Hello Joanne,
The examples off of the website are what I forwarded to the Mr. Lanier's lawyers. Once the final language/plat
have been finalized I will forward a copy to your attention and to Jonathan Howell in Morehead City. Thanks for
your time.
Brent Manning
Environmental Scientist
Land Management Group, Inc.
3805 Wrightsville Ave. Suite 15
Wilmington, NC 28403
(o) 910.452.0001
(f) 910.452.0060
(c) 910.471.0005
1 of 1 6/29/2006 8:54 AM

Y. a fi
/ 0 0 T 5
T
NCDENR
North Carolina Department of Environment and Natural Resources`
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
;

.
-71
L

April 25, 20064 I

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MEMORANDUM:,
APR 2 8 2006

WOEK'QUALITY
TO: C n
d i Kar I
y O y, Supervisor t n , p 0qT(_1,R.WATERBRANCH
401 Oversight and Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Hu9gett
, ,
Major Permits Coordinator
SUBJECT: CAMA Permit Application Review a

Applicant: Wayne Lanier l Redds Cove Road
Project Location: Adjacent to the AIWW in Holly Ridge, Onslow County

Proposed Project: Applicant proposes to perform maintenance excavation and construct f?
a bulkhead & boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 19, 2006. If you have any questions regarding the proposed project, please
contact Jon Giles'at [phone], when appropriate, in-depth comments with supporting
data is requested.
REPLY: This agency has no objection to*the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.

This agency objects to the project for 'reasons described in the attached
comments. ,p
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled t 10% Post consumer Paper
RECEIVED
` DCM WILMINGTON, NC
CAMA Major Application APR 0 4 2006
Redds Cove Property, Morris Landing area
Hardison and Wilderness Roads, Onslow County
April 3, 2006
Site Overview: The project site is located in Onslow County on the AIWW/Stump
Sound, just south of Holly Ridge. The 48.3-acre property is bounded to the north by
Hardison Road, to the east by Wilderness Road, and by the AIWW/Stump Sound to the
south. A formerly.channelized creek exists along the western property boundary with
two man-made canals existing on the property, perpendicular to the channelized creek.
Morris Landing is just west of the property.
In this area, waters of Stump Sound are classified by the NC Division of Water Quality as
SA, and are open to the harvest of shellfish. Waters have been classified by the NC
Marine Fisheries Commission as Primary Nursery Area (PNA).
Requested Development: Maintenance dredging within the entrance channel and canal
areas comprise a majority of the activities proposed in this application. Approximately
14,000 cy of material will be dredged and then wasted on-site at two specified areas. The
proposed footprint for these activities is nearly identical to previously permitted actions
authorized by CAMA permit #31-94. Slight alterations to the channel location were
performed to minimize impact to existing coastal marsh.
Following the proposed dredging activities, approximately 350' of non-reinforced
breakwater will be installed along the eastern edge of the entrance channel. This
structure is necessary to prevent further loss of coastal wetlands and was also authorized
by the aforementioned permit.
A total of 2,750' of vinyl bulkheading will be installed around the existing canals on the
property. The installation of the bulkhead will not impact any of the existing coastal
marsh, however, a small amount of impact is proposed to Section 404 wetlands. A total
of 0.06 acres of wetland fill is proposed due to the installation of the tie-backs associated
with bulkhead construction.
A standard concrete boat-ramp is also proposed on the eastern edge of the first canal.
This feature will be 35' in length and will observe a 12:1 slope. Final contours of the
boat ramp will match existing depths with the canal, -3.6 MSL. The ramp will be
designated for the use of the property owners within the community and not for public
use. Due to this restriction, no parking is proposed in conjunction with theconstruction
of this amenity.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
L APPLICANT'S NAME: Wayne Lanier / Redds Cove
2. LOCATION OF PROJECT SITE The project site is located on Redds Cove Road adjacent to the`AIWW and a
man-made canal system in Holly Ridge, Onslow County.
Photo Index-2000: 26-349: V(5-12); U(6-15); T(6-14); S(9-14); R(11-13); Q(12,13) P(13,14)
1995: 26-334: B-H(14); C-L(15,16); D-K(17); G-K(18); I-K(19,20)
1989:4 172 5: L-N(3); M,N(4); K-S(5); K-T(6); K-U(7)
State Plane Coordinates - X:2450863 Y: 267764 GPSFile: P032718A
3. INVESTIGATION TYPE CAMA / Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01-24-06 & 03-14-06
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received Complete on April 3, 2006`
Office = Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan- Onslow County
Classification From LUP - Community
(B) AEC(s) Involved: ES, EW,;PT, CW, OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Piers`
Planned'- Bulkheads and channel stabilization devices
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION: [AREA]
D F
DGED FILLED OTHER
(A) Vegetated Wetlands
350 ft .2 2613 ft .2
(coastal wetlands) (§404 wetlands)
(B) Non-Vegetated Wetlands - open water 109460 ft .2 700 ft .2
(C) Other (Highground) 173560 ft .2
(D) Total Area Disturbed: 286,773 ft.' (6.5 ac.)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA / SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing maintenance excavation (M.E.) of a 750' x 20' x -5' MLW
access channel, M.E. of existing canals and Bethea Branch, a 35' x 20' boat ramp, 2750 linear feet of bulkhead
and 350 liner feet of breakwater.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: wvM.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110%o Post Consumer Paper
Wayne Lanier / Redds Cove
Page Two
9. PROJECT DESCRIPTION:
The project site is located on Redds Cove Rd. adjacent to the Atlantic Intracoastal Waterway (AIWW) and a
man-made canal system, in Holly Ridge, Onslow County. To get to the site from Wilmington, take US Hwy 17
North to Sound Rd., which is the first road on right after crossing NC Hwy 50 in Holly Ridge. Turn right onto
Sound Rd. (which will turn into Morris Landing Rd.) and travel approximately 3 miles to Hardison Rd. Turn
left onto Hardison Rd, and travel approximately 0.5 miles. There will be two 6" x 6" white post on the right side
of the road with "Redds Cove" written on the post, turn right at sign (this is Redds Cove Rd).
According to the survey provided, the tract of land is 48.27 acres (in addition to the main tract there are 11 lots
that were previously subdivided but are still owned by the applicant). These lots average approximately .6 acres.
The property is bordered by NCSR 1537 (known locally as Hardison Rd.) to the north and undeveloped
residential land to the.east and south. The property is bordered by Bethea Branch, a tributary to Stump Sound, to
the west. The property has approximately 7 acres of §404 wetlands. Brad Shaver, Regulatory Specialist, US
Army Corps of Engineers, has verified the wetland delineation. The property is accessed by a dirt road known
locally as Redds Cove Rd. Portions of the property have been bush-hogged to clear the under-brush and the
remaining highground land is undisturbed. The vegetation on the highground area includes: Live Oak (Quercus
virginiana), Sweet Bay (Magnolia virginiana), Sweet Gum (Liquidambar stryciflua), Loblolly Pine (Pinus
taeda), and Red Cedar (Juniperus virginiana) with a dense under-story of Yaupon (Ilex vomitoria), Wax Myrtle
(Myrica cerifera), Japanese Honeysuckle (Lonicera japonica). Other than the roadway accessing the property,
the property is undeveloped. There are two man-made canals on the property that were created prior to 1974.
The southern canal runs from Bethea Branch east approximately 763', measures 70' in width, and terminates
into a basin area that measures approximately 80' x 130'. The northern canal runs from,Bethea Branch east
approximately 694' and is an average of 80' wide. Both of the canals and Bethea Branch have unstabilized
shorelines.
There are coastal wetlands present on the project site. The majority of the coastal wetlands are located on both
sides of Bethea Branch. Starting at the entrance to Bethea Branch, on the eastern side of the branch, there is a
high marsh area approximately 2' - 30' wide x 350' long consisting of the following coastal wetlands plant
species: Giant Cordgrass (Spartina Cynocoroides), Sea Lavender (Limonium, Spp.), Spike Grass (Distichlis
Spicata), Salt Meadow Grass (Spartina Patens), Salt Marsh' Cordgrass (Spartina alterniflora) and Glasswort
(Salicornia spp.) transitioning intoa low marsh' consisting of Salt Marsh Cordgrass that is approximately 5'- 20'
wide x 350' long. Along the western side of the branch the high marsh area consists of the same plant species as
stated above with the addition of Cattail (Typha, spp.) and Black Needlerush (Juncus roemarianus). However,
the high marsh area on this side of the branch is much wider and runs almost the entire length of the shoreline
on the western side of the branch. The high marsh transitions into a low marsh of similar width and runs almost
the entire length of the shoreline on the western side of the branch. The southern canal has high marsh on the
southern side of the mouth that is approximately 2' - 5' wide and 100' long consisting of the following coastal
wetlands species: Giant Cordgrass, Spike Grass, Salt Meadow Grass, and Salt Marsh Cordgrass that transitions
to open water. The southern canal has high marsh on the northern side of the mouth that is approximately 2' -
10' wide and 150' long consisting of the following coastal wetlands species: Giant Cordgrass, Spike Grass, Salt
Meadow Grass, and Salt Marsh Cordgrass that transitions to open water. At the end of the canal, in the basin
area, there are only spotty areas of coastal wetlands that total approximately 20 - 30 ft.z consisting of the
following coastal wetlands species: Giant Cordgrass, Salt Marsh Cordgrass, and Black Needlerush
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action' Employer - 50% Recycled \ 10% Post Consumer Paper
Wayne Lanier / Redds Cove
Page Three
that transitions to open water. The area located between the two canals along the eastern bank of Bethea
Branch has a high marsh area ranging from approximately 20' to 100' in width and 470' in length,
consisting of the following coastal wetland species: Giant Cordgrass, Sea Lavender, Spike Grass, Salt Meadow
Grass, and Salt Marsh Cordgrass that transitions to open water. The northern canal is void of coastal wetlands
with the exception of a small portion at the mouth. There is a band of coastal wetlands ranging from 2' to 100'
from the mouth of the northern canal to the head waters of Bethea Branch consisting of the following coastal
wetlands species: Giant Cordgrass, Sea Lavender, Spike Grass, Salt Meadow Grass, and Salt Marsh Cordgrass
that transitions to open water.
There were two previous State permits issued for this site. State Permit #118-73 was issued on September 23,
1975, for the excavation of a 1400' x 80' x -5' below mean low water (MLW) access channel connecting the
mouth of Bethea Branch to the Atlantic Intracoastal Waterway(AIWW). State Permit #.31-94 was issued on
March 1, 1994 for the maintenance excavation of a 1300' x 40' x -5' MSL and two breakwaters or retaining
walls. This permit also authorized the excavation of approximately 1400 ft." of Spartina alterniflora marsh in
the mouth of Bethea Branch to allow for a maximum bottom width of 20'. Based on comments from adjacent
property owners no work was ever preformed under permit # 31-94.
The Onslow County Land Use Plan classifies the upland areas of this project as Community. The waters of the
Bethea Branch and the associated canals are classified as SA and the waters from the mouth of Bethea Branch
into Stump Sound are classified as SA-ORW by the NC Division of Water Quality. The NC Division of Marine
Fisheries has designated Bethea Branch as a Primary Nursery Area, and the adjoining waters are open to the
harvesting of shellfish.
PROPOSED PROJECT:
The applicant is proposing to perform maintenance excavation of a previously permitted access channel. The
access channel would measure a total of 900' in length and 40' in width, for the first 400' in Stump Sound and
taper down to 20' in width for the remaining 500'. The channel would be tapered down as they approach the
mouth of Bethea Branch through a narrow channel with coastal wetlands on both sides. The channel was
decreased in width to minimize the impact to coastal wetlands. The channel would widen to 50' once on the
northern side of the coastal wetlands. The average existing water depths in the access channel is -l' @ Mean
Low Water (MLW). The applicant is proposing to excavate to a depth of -5' @ MLW., This was the authorized
depth in permit #31-94, however the proposed access channel would be shorter and more narrow than what was
previously permitted.
The applicant is also proposing to perform maintenance excavation of the two existing canals and the
connecting channel within Bethea Branch. The southern canal is approximately 780' in length and
approximately 70' in width with an average water depth of -2' @ MLW. The northern canal is approximately
700' in length and approximately 80' in width with an average water depth of -2' @ MLW. The section of
Bethea Branch is approximately 550' in length and approximately 40' in width with an average water depth of
-1.5' @ MLW. The applicant is proposing to excavate these areas to a final depth of -5' @ MLW.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone]intemet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110%Post Consumer Paper
Wayne Lanier / Redds Cove Road
Page Four
The applicant is proposing to use a dragline and backhoe for the excavation. The spoil material would be placed
in two on-site spoil disposal areas. The disposal area, labeled as "Dredge Disposal Area #1" on work drawing 9,
of 13, dated 4/3/06, would measure approximately 75' x 350'. This site would be located on the southeastern
portion of the project site, and would be located approximately 150' landward of normal high water (NHW).
The second disposal area, labeled as "Dredge Disposal Area #2", on work plan drawing 9 of 13, dated 4/3/06,
would be located near the center of the project site and would measure approximately 220' x 420'. The area
would be located approximately 20' to the south of the northern canal, as shown on the work plan drawings
(sheet 4 of 4). Both of the labeled disposal areas are to be enclosed with a silt fence.
The applicant is also proposing to install a breakwater along the eastern edge of the entrance channel that would
measure approximately <350' in length and would be located no more than 2 waterward of coastal wetlands.
The. breakwater would be installed in an effort to prevent the coastal marsh from sluffing into the entrance
channel and also to prevent erosion along the shoreline. In addition, the applicant is proposing to install
approximately 2,750 linear feet of vinyl bulkhead for shoreline stabilization of the canals. The northern canal
would be completely bulkheaded from where it intersects Bethea Branch. The southern canal would be
bulkheaded, on the northern side, from approximately 100' east of where the canal intersects Bethea Banch and
would continue to the northwest corner of lot 24, as indicated on work plan drawing 9 of 13, dated 4/3/06. On
the southern side of the southern canal the applicant is proposing to install bulkheads on Lot 21, Lots 19-16 and
a portion of Lot 15. The bulkhead would be installed an average of 0' waterward of the NHW and a maximum
of 2' waterward of NHW.
The applicant is also proposing to install a 35' long x 20' wide boat ramp at the southern portion of the eastern
edge of the southern canal. There would be 15' of the ramp below NEW and 20' above NHW. The ramp would
be constructed of concrete.
10. ANTICIPATED IMPACTS
The proposed channel excavation would result in the disturbance of approximately 109,460 ft2 of shallow
bottom, approximately 350 ft.' of Smooth Cordgrass Marsh and approximately 173,560 ft.2 of highground.
Approximately 14,200 cubic yards of material would be removed for the access channel, Bethea Branch and the
two canals. The bulkhead construction and associated backfill would result in the filling of approximately; 2,613
ft.2 of §404 wetlands and approximately, 109,460. ft of shallow bottom area within the canals. The boat ramp
would result in the filling of and.additional 700 ft of shallow bottom area with the southern finger canal
Submitted by: J. W. Giles Date: April 25, 2006 Office: Wilmington
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper
DCM WILMINGTON, NC
APR 0 4 2006
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ly rJ' ) ti J
tr '' Y
r Y.
y
i
'HOLLY I GE
RECEIVED S3a ?Ss rSITE''
DCM WILMINGTON, NC
/ ;.
FEB 2 8 2006
MORRIS
LANDING
w P? GEP?
o
3 o c) : ¢ O Q
I ,2 .' ?? URF CITY
v d Z :: to
SccY :tp
\ ?'?-Q? . ;. LOCATION MAP
INTERNATIONAL PAPER CO, I m"-Z
yyo\ P.AC O. BOX 278KSONVILLE,N.C. a w2 E. RHODES SCALE: I °= 2,MILES
KN-? TRACED FROM'N.C. STATE COUNTY ROAD MI
o m? ,I
TITLED PENDER 8 0NSLOW,,
.c
s`
\ n? /° EXISTING DIKED
DISPOSAL AREA
• • PROP OF '•
'EVELYN RHODES
• : , ERWA?
•• R CHA MENDED Z-5- * •-z.s'" ?f
NNEL ,
1400 X 80? X-5.0? ACOASTA
TR
?ANtIC I? Soo
N
AT
/1UM
S
EBB
PLAN
S / 400 0 400 800
SCALE 4N FEET
NOTE:
EXIST. SPOIL AREA AND DIKE TO BE BUILT
TO ELEVATION +6.0
APPROX. 21,000 C.Y. TO BE MOVED BY HYDRAULIC DREDGE.
SOUNDINGS &' ELEV. ARE EXPRESSED" IN FEET AND
REFER 'f0 M.L.W. = 0.0 PROPOSED DREDGING
IN STUMP SOUND
REDRAWN TO COMPLY WITH RECOMMENDED CHANGES AT STUMP SOUND TOWNSHIP
BY- DIV. COMM. & SPORTS FISHERIES LETTER OF 10 APR. 73. TOPSAIL COUNTY, NORTH CAROLINA"
APPLICATION BY EVELYN RHODES `
y 306 JOHNSON STREET
WILMINGTON, N.C.
DATED. FEB. 17, 1969
REV. JAN. 3 1973
?- REDRAWN APHIL 18,1973
r ?t 11
I t {
cjy
RECEIVED
+ CM WILMINGTON, NO
?r FEB 2 8 2006
z
Cl?
`o\
PIN
"WA
z
R1EC`,EIVF:-
DCM WILMINGTON, NC
3
FEB 2 8 2006
}
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A-A
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` j + jr" 1. r J' C? .mss ?..J i 0 F i t ll' + rat
±ta
APP-'ICAT?OW r3`1
17, f G O /' - a
Y ROBERT J. SALMON, JR-
„a\un .. a?\\cau ,,?a\a?\w . Zal$TfERED LAND SUR/PYr,.q
/"l J .ti p.... ..
'NALLACcE, \i.
,s Mill
n '
t`7 J.a
< 112L ? 210 .. r
U
o F e / , < JJ.
?4 ry;i, ts?s P r , r
?F ( I
172 \ 4 1531 B (?'
F 1 0
1344 'I§A
,
1
q
Fdkstono
J
17 \ b >
1537
1534
.Thomas ( 1
4 Land inQ![ 1517 j
kr J
h Creek 7 j
REDO
1567
?,?.? t ' S1`CE
' Is7? Morn; O `
1 LondinQ , Q _ 210 ,
.? 1.<
'1' i:-? Ll?'V??( ??N JVr11R\ 4
FAS 1:3 E.
50 a
? Sp U?D •R?. .JIt T1?
HOLLY` . ; S'UsR75 t-t.ocK ) ` , ;J suttF CITY
RIDGE~ s! E3E`(OIJD (}JORTN) \ 1. o PO?. A21 NOTE: MAI
rOr. aos L` r p T?# L'?' t t OR
S? CtP ` ? MJL
Rol
PE,? •? , t JJJ
77- SCALE: ,
0 1 2 3 4. AMLES
• 0.5 1 , r s
SCALE FOR ENLARGEMENTS I
.11 : J
f-,!vr
C"NT
CQPS r,:, . t,:u Ivl?
Tr;1-
MAINTENANCE DREDGING
AT REDO COVE CANAL
HOLLY RIDGE. N.C.
STUMP SOUND. ONSLOW COUNTY
_ HOLLY; RIDGE. N.C. - -
BY EVELYN RHODES
107 RIDGEWAY DRIVE
1MLMlt4GTON, N ,C.

CONCRETE POST
SIGN
*REDD COVE"

zy?

SOS)
N ?
Rio co
OP
OF:
Z to. HPRp15?N PR
•? 4 EVELYN RHODES
a
s ? f 1
f I Cr{ .. .
? 15??. I I
0
$
5
o l 11
.? l
j l
? ?
j
W/PI
WAY
l
l 9 ? O
?l 10 it
& I I Q.) I l
0
4RY
!
mil ?,
°o 11
III . ?? w l?
FS II
I?
'VII ?.?

LOCATION _OF NEW o
I
RETAINING WALL ? '• m) I
RP
I

RHO
EW4'M ( l

BOAT RAMP
LANDING, :. M. GOTTE
W. FERRELL

AUM •',
D=NG CHANNEL I 1
if) MAINTENANCE DREMING ` t
CV
??- ------ - -----.--- ------ .e _ --- -- ?-Z??
AI M 90'
CHANNEL

-
- - - - - - - - - - - - - - - - - -
i? f"--
Tcf- -7'
'
v
L'I i• .,i I()
COASTAL NiAINAGEMNT
MAINTENANCE DREDGING
"L ISLAND
AT REDD COVE CANAL
HOLLY RIDGE, N.C.
..:...STUMP SOUND, ONSLOW COUNTY
WA_R(g - HOLLY RIDGE. N.C.
- --
- BY EVELYN RHODES'
?" - 107 • RIDGEWAY DRIVE.
500 0 500 WILMINGTON, N.C.
SCALE IN FEET S 'T Z o

W W ?/ CHANNEL TAPERED
TO AUTHORIZED 'WIDTH
1N --dNvvj 7b1Sd0o
?0 NOISIA10 le
I

AON
W
f ?

t 1s
PROP OF;
EVELYN RHODES

1 +

G WALL
NEW RETAININ
NEW RETT
AINI G WALL
LF
60 25, O
LF

7 ?
y
1
a W CAMA MARKER
f *41
v<1 It , W
PROPERT
Y LINE

l

LRASSW f
9'

L i
PROP OF:
dM W M. GOTTE
d I -
_
d
41 X6 PLF. ON 5
CTRS.
LENGTH AS REQUAW-\

0 i W W
1
TOP OF RETAINING

WALL +15 4X6
5 GTI0 ROD
: /SVREQUIR
GRASS
1
?, W

TER CLOTH
Y W MLW'
V W :p

\\ ? V - _?M 7. AND Q

TAPERED
CHANNEL BOTTOM CU

TO
FROM AUTHORIZED MOTH 77<

7/7
/.\ x

W
Y
J
DD
0
Z
r

R
W

1
RETAINING WALL SECTIC
rs NOT TO SCALE
RETAINING WALL Pl.M
- ?0 MAINTENANCE OREDgN(
20 O '
AT REDO COVE CANAL
?- HOLLY RIDGE, N.C.
SCALE INi FEET STUMP SOUND, ONSLOW COUNT`
HOLLY RIDGE. N. C_
BY EVELYN RHODES
107 RIDGEWAY DRIVE
-y WILMINGTON, N.C.
.
,... .: ??,ytlo't'i.???,, •'esj.'••'z7y °'. Y"; A,". ?, 1 ?
''' w i' T?y?? w?}'ta`+4T.?A'+?,?g? a .. <r, ar`a t •q';br . { n '' .
LN3W39dNVW -JVJ- d0
J0 iL'0 Mill
AON N
Q ¢
w° 25' .w° 6' g'
NEW RETAINING TOP OF EXISTING BULKHVkD
+3.5 ' cn +5.2
N
EXISTING. BOTTOM • '?
+1.2
NORMAL HW ` _ -_ -?
,? II1-1II ?'
0.0 MLW ANCHOR
1=IIII
CUT ROD w 1
-s.o o I
Q
SECTIdN THRU CHANNEL AND RETAINING ,1NALL
SCALE: 1"=10'
? gp C •
EXISTING CHANNEL MAINTENANCE
MLW=0.0
BOTTOM
VARIES CUT TO -5:0 MSL CUT
SECTION THRU CHANNEL
NOT TO "SCALE'
-5A (-67" off''
MAINTENANCE DREDGING
AT REDD COVE CANAL
HOLLY RIDGE, N.C.
STUMP SOUND, ONSLOW COUNTY
_ HOLLY RIDGE, N.C. _
BY EVELYN RHODES
107 RIDGEWAY DRIVE
WLMINGTON, N.C.
fS.s, r
iNV435VNVIN - VISd03
30 NO1SIAIG
1661 t l AOIN 4' TO 1,
?,.
I' SRI-LING BASIN EDGEO
, -? DIKE GRASS
• ors
-1.5 le?[LT
8
SP01 L
. - I SPILLWAY PIPE
TO L.W.
EXCAVATE FOR DIKE
TYPICAL SPOIL. AREA SECTION
NOT TO SCALE
S QF
MAINTENANCE DREDGING'
AT REDD COVE CANAL
HOLLY RIDGE,. N.C.
STUMP SOUNO, ONSLOW COUNTY
HOLLY RIDGE, N.C.
BY EVELYN RHODES
.107 RIDGEWAY DRIVE - -
WILMINGTON, N.C.

4,e Projects
Redds Cove- CAMA
YW -4
Id ? ?an `?Q i
Major Application ?,„?

Title,
Entrance. Channel goal tk93. 2522 n
Wd-Vwol- 28902
Cross Section 5,d,.:- 940-952-0004

Scale, ,. Job
<°m Dater Revlslon
Nunbe
Date O2-05"209
y 2/28/06 Drawn Sheet
Dy.
B. Mannln
Number 16 00 -3
J
D
J
T
L
XIStinC` OY1 ? JL .B'
-
2
ri-- ----
- - ----------
s Il -- -1 E3 011°t?' -?1 e:a --
?I land r-xcovatloL)-? - - - - -
a
Z C1E' at;-.I? 1 Sl:epe)'
U .
- -
J -? -
` (?0'--fit lr7_ Sl.Ope) ----- ---- ----.rl -- -- - - --
u Concrete Slob
_ -
a, - , --- - - --- --
Horizontal Scale: 1^ = 20'
m
N
LP
V
T
P-Ject, Reads Cove --AMA da?na ? a?rrum? J?sce?L, Yno.
m " Major Ppptica tion
itte? ?&.d goo, 2529
Boat Ramp W
m Crn,s Section
Scola Iiunbe?? L'
?Iu. r,l ( of 3
4/17/06 Y B. Manning

om
General Sediment and Eros or,, Control Plan z
z
-Format S+E Plan tole submi t,ed to Land Quality Pro,Ject:

?,?.
Redds Cove CAMA
prior to disposal of - terial E =
8
Major Application

T?'tle .`Pont 9W3 ROM 2522
Dis osal Area Wd. i? I- 28y02
a. p 5wy". 940-152-0004
''
-
Cross Section
Scoter o
Doter Revi
- '
Nurobe-
i
-0
?
s
on
02
5-209
Date
2/28/06
" Drown Sheet t r^?/
By,
Number,
?•
.
\ ^ p
R Mann l n
.

RECEIVED
XM WILMINGTON, NC
MW APR 0 4: 2006
OSED GRADE
PROP
EXISTING GRADE
Pw
N- O $„ WALERS
?
O
-??EgPG
$,, TREATED
CONCRETE WOOD PILING
ANCHOR
3"`V-GROOVE
SHEATHING
. i i FILTER CLOTH
EXISTING BULKHEAD
PILING DEPTHS
PER CONTRACTOR
Notes:
1. Proposed bulkhead will extend an average
of 19" and no more than 24" waterward of the
existing bulkhead alignment (MHW)
2. ' Proposed bulkhead would be raised 2' in elevation.
above the existing-grade, to allow for tie-back and anchor
l
i
t SCALE 1'? - 51
-
a
er
installation. Backfill will be clean ma

CAMA Major Application
Land Management Group, Inc. gpplicant:'Wayne Lanier
Environmental Consultants TYPICAL Location: Holly Ridge, N:C.
P.O. Box 2522
Wilmington, NC 28402-
CROSS SECTION Project Name: Redds Cove Road
910-452-0001 tr?
Sheet G2
f `7
-
1
12/28/2005-
Date
02-05-209
96.40' 1 NII'21'GS"E. Y
s1 65452"W
101.27' n
Q' N17I74'47E
4
EXIS77NO
' LILHIM'D00 LS
PULE
• FMS
66.02' 11 100.99'
NOB'JI'54"W N21'49'16'E WDUSIRIAL HOMES ING
BUD DOCK 24JQ PAGE 879 '
32.42' IOI.J7' MAP BOOK 45, PAGE 4J
NI7'58'12'W LJ NT975'21'F
Vti L{
NOO'!0'16"E
51.59' N£ILANO
IINF
16.11'
.r: r AIA-All. N715Y'S5"E
!1LN LO' CMP Y 16
6779' '
NJI'15'09"W
? LB
431 e,
5487!''0' N50'50J7"W 0
?\ yy 92.62' L12
AO 5 NOS!7'OJ'W 1
0 ?US
C/L DRANCII
66.94•.. I.B7 .1.0 ?l
NIS'JD'14'W 1.67 ; O 7)
'
N8.?9??6 •W, 418
0.67 1.17 \'0.37
. . J Ya
O
' 0.7 J. 43 ACRES M£1LAN05
O.J9 f, t0 /1lGIIr aO Di-IY EASEAIEN! Els
-0.97 10 NCS? 1577 0119 RLOOS COVE
WVUI11SIOY 0114CHS EIS
67108'26^E
11.90'
0 T ,yT
-0.49-7.69 \' ?a
L16 I?5
- -- NUS'11' W ?a AREA OP CONFLICT
Ill.[?f
I W -2.09
.ICJ 1> i ,.:r -179
• 2 IJJ
-J I 0.6
111 .19 -759 NVW
LJ3
,?) 110 > -0. 9 w L30 r?
]
,.j 0 r.._?. -2.49 -J19ti'.n L4Y L40 N0403S "W
?' - -0.5.x, Zn 580'71'2J'W BILLA MAE HARTLEY
77 r 02•J7'W 14991 07 DEED BOOK 396, PAGE 690
l - 57.1{ -7.59 0.01 na.
OI -7.89 MAP GOOK 10. PAGE IB
-0,99 SCO'17'a-6B -4.09
-J. 890' ?? IJJ.6Y -J U9 _J.39 1.04 117.90 J.TI
0
1.11 `? p?j "h79'41'(!6^W 1.07 -17fl 46'JI'19 f a. `^
11 S.U8 -7.79 CANAL 060 N6.-p3 E ... '?'
ry 1544
-127 -16711 -7.59 I. TJ I?5.2?? 11FR.AND
.-7.99 0.91 9' N7U4 5 LINE
-7.69 0.82 7.11'
56J'19J9'W
O.JS N7G9eA4l"F
-2.87 NL'f?'qq 44))1 O_r e97 Lv
ry? iZ°w N6Y9?IvE
1.05 r7 `A0 L49 170 yg
-J97 LS! ' ??
w
1118 0515 Y ?j
-1.1..
0.4
_ 5 \L S J ACRES
154
11£ILANUS
.a I J
6 O
L6
-0.4I'.4'/?t,Z •n .n u J o L57 L 59 L61 \G7 V ?b
54 N
? I
02 257 MIIES I L70 ? i
NI U' ML ILAr4U5 (P? n 'JO eVy,
-144 W
$3.?y N 9o>s
-J.I7 L77 v F P
O.L LUU L79 L7 L74 L73
3 -0.67 ELBA L L7y v v^? ,?"> ?VrW-'
?0 B
1
o.e1 - Lc3 0.6 571E'6J7o^w
-zes Lo
w => C.14
5 q
-0.75 0.64 -4.J7 -.197 -4.47- 171 Ir7547 U 9'+5'.W
-0. N ?U4 0.45 -4.57 0. 67 NJi'lI'71'W CIP
i., 0.07_2.6) u ___054 4.37 CANAL 0.43 0.47 ?B
-J 77- -1.07 -J. a flP.
'70^W
-1.76 v 0.69 -7.51 0.43 100.62' ?/ ! O X69 3ig1
1U0.OS -? Ntll'S9'20•E B ` ' 15U'
V 0.04
k 0.44 - -J23 p7>0.99NJ61u y9E 0.67 EIP E1P
-2.85 0-4 1LQ?j7 E ?QF I oo
-101 o'? n7}3' N gv E(n11???GESLI?;r??
-z° U,85 De4 ±o0 rz'y'39 E p ns fi.U f7i.l'&Sa.'rv Nld?! Js 1r
-0.28 -0.06 .. NIUS ; U. U.lILS. P. .B 0.51 af? p LIP °.
-1.67 q ACRES
J?iJ 1.79?M1 1.119 NIJ?1,'? _W 3 -n "? n Q r' v
L 20 \a _ - _ wl;i
-0 - L171 \,\ m 059;'?i Z 4?},2U^W fIP
-I 0.5 NSL' 274U q't C!!t m> 'Y'`r 7%67? LOT 21 57'
-1.06 EIP 1.11
0 e ACRES 1.11 C1P •17'W ACHES
u5?e { UP574'36
,0 -l.ll o J 1 N\ LOT I9 tor 20 W E!P 574 J W 10U.U5 ; Rtor
IVOS COVE SURDlOWN
.1' o l 574
057 JB yO,UI _ MAP 14, PACE 5J
EE®06LI?XC:>aU?hGC 160 0 DJ 5425617'11!, " 1+ ?o v: LIOraB ACHES 9OI.lY 5j410000 E/P vl tor 12 OG + <1,? LOr l6 Lor I, A11111 'W 57x()0.00 LIP 0, p?W) 10781 Veto ACHES \00 L109;
1. N2q f?p7U?J-C n Z 054 057 574.39 U? EIP EE1 IB S1?J.X0117f AC/tES LY07 L .U 4 W
LOr l3 ACRES ACRES 974,y9 p1'IY OP 1DO NEA SIR 0 L101 ri 103 V0z L10'L_t 06 175.23 576
A. 0.51 g'W IW UO 0E' w Li0 L
1.0 yp d'JJ AIIES 574'?g 26V rip
\?i 1 7? °Ie N, rJ /UU. LOr 70
o.rly. N111.Ji6E EDP LIP yv:v?'LlP su?rD3s'w
LOF
6 Lip q 1
L NHW L 0
O N 11
y L S7??G (1/ W
ACHES N7????1L9'E
0. /
1.4 3 NO1[?.63%5'F 'W Ci
A 0.. y'S JU1.Vji SLUMP SOUND
?
M. :d I
I.l 8 El \? Y.71i6J2,
0.12 -O2
0.47 4. JS
-0.12 0.33
-O. JB
097 _021 CURLS TABLE
-048 BEARING CHORD DISIANCE RADIUS ARC LENG711
C1 N 02-06-JI 67706' 50,0' JB 6j:
C2 N 49-30-07 C42.50' 50.0' 4J89' _
_T05 -0.73 CJ 5 76-40-I9 L44.74' 500' 46.J9'
. N -094 -0.99 CI N 29-J9-51 142.42' 700' 47.12'
C5 N 29-38-10 L9905' 50.0' 143.29' Jj S
v
-I.JI
-J.SB
-I.37 -1.62
-1.62
-2.44 S7U.lIP SOUND
-2.67 1{:? z
-I.YS /?
IV 42
-J.Y7 -5. U1 _J J1 L? O
cr) 2:
s1uMP sourm
-6.99 -5.09 _
-3 99 ?L
t J
EML - Waterward Edge of Marsh
NHW - Norval High Water
Pro,Jeet1 - -
Redds Cove CAMA
Major Application
TI-tlel
Site Ptan
Un tee Rev1.1.n
L? ?1 Date/
2120106
ed.7(J4Ld?
(J 9t474.'IW'7NrWgIAAS4 ?tA'IlAU40Q??
,P/w.a aV,? 93,yx, 2522
41/c61I L1 7KLG.Tv' r vrUL• 'c u".14?L(L 2 8 /10 2
Je4/LIw4w,: 910-1152-0001
:nlee Job
1„ - 20071 N02unberv-05-209
'awn Sheet / A?
??. i''lanning Nunberl/_ Of j./1/
Q -0.7 S z4
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m v
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0.44
N7335,47 L
4C4 Wetland Impact a 39"E New
(Bulkhead Backfill, 0.06ac.) -0 N70'S Butkhead
ut?UBd00KC3?4YA0E 1,30
1.11'
1.5
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0.12
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0
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End J N n LOT 20
.0 Proposed
Breakwater
O p LOT 19
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ACRES
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Proposed Breakwater Start
4.38
3
-0.43- 0.
38
-0.94 -0.99
BEAR
Cl N 02-
C2 N 49-.
C3 S 78-
C4 N 29-,
C5 N 29-:
1.58
-1.37
EML - Waterward Edge of Marsh Project'
Redds
Cove CAMA
NHW -Norval High Water Major Application

- Proposed Dredge Footprint Tit`e' P.J 0ffz.. .2? 2522
Proposed Wetland Impacts a", - 281102
Y.ald.. 9f0-1152-000f
Scale. Job
. Date, Revision lw _ 100' Nunber, 02-05-200,
Date
- - 4/3/06 Drawn
Br B. Manning Sheet I
Nunben of ,
fXlsnNC \
LICLI TWOOD LS us
POLE
t00. 99' INDUSTRIAL HOMES, INC.
66.02' N22.49'76•£ DEED BOOK 24JD, PACE 879
N08'JI'54•W
MAP BOOK 45, PAGE 43
lOl. J7'
32.12• '29'15'21"E
NI 7'58'22"W LJ L4
b
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51.59' W£ILANO
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(
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EIS
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- ----N 79 7.44'
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ppnn y L
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9
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0
-D i7 L zo ?`tl A}In/Js z j1•}e51 LIP
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0, LOTTO FIP 57117 U? 858•W 5 10005 woo CODE SURDIWSION
tor 19 574 ygg1 MAY 14, PACE SO
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r.r ; ?•? ACRES AO 311L IE A -
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LOT 15 -W 514iuo '0- -LIP 0E
cr» Liu, _
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NNW 0.58 O /00.10
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12'0,12-
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-0.22
0.78 CURVE TABLE
-0.48 -0' BEARING CHORD DISTANCE RADIUS ARC LENGTH
Cl N 02-06-JI 6)766' 500' Ja. a1'
C'2 N 49-!09 '44 50' 500' 4!.89
CJ 5 78-10_- 119 1.71' 50.0' 46.79'
75 C4 N 29-J9-51 E42.42' JO O' 47.12'
N -0.94 -099 C5 N 29-JB-I0 ©9.05' 50.0' 14!.29'
-1.55
-I.J7
- I, 6' l 7
-1.41 3IDAIP SUUNU
-J.97 -J.J2 -1 - 1' I
SIUAIP SOUND l 1
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-6.99 -5.07 -+ LJ L..e.s
-5.99 I? /I fI
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l
EML - Waterward Edge of Marsh Project,
NHW - Normal High Water Redds Cove CAMA ?'J9wimomaTLVTttaG t°
Major Application
® - Proposed Dredge Footprint Title, Pwd
VYP"? S?w°z 252 2
28,102
Dredge Disposal 9940-1152-0004
Area Scale- Job
Date, Revlslon 111 = 200[ Nunber,02-05-209
Date,
Dr-n Sheet
4/3/06 D
Y'13. Manning Nub, T of,

h ,-
`a
r'
22 '771"'I?
THIS CERTIFIES THAT THIS COPY CF THIS PLAT ACCURATELY DEPICTS
THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN
WATER ACT AS DETER
'MINED BY THE UNDERSIGNED ON THIS DATE. UNLESS
THERE IS A CHANG'F IN THE I A W OR CUR PURL IS-ED REGULA TICKS,
THIS Ct TERMINATION OF SECTION 404 JURISOICTION MAY BE RELIED UPON
FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION
WAS MACE UTILIZIN'S THE 13B7 CORPS OF ENGINEERS F_TLAP.DS CELINEArION MANUAL.
NAME Bnl Et!„n-?[J(,
TITLE ,-,f
DATE D .-6- 0-,s
AID# 1P,foii5-l
6.76 ACRES CF WETLAN;S OA PRO=ERTY
TRACT TFO 43.27 ACRES
PECOS COVE SUBDIVISION ACRES
LOT 11 0.28 ACRE'
101 12 0.32 ACRES
LOT 13 • 1.43 ACRES
'Gr 14 • 0.58 ACRES
LOT 15 • 0.51 ACRES
LOT 15 • 0.54 ACRES
LOT 17 • 0.57 ACRES
'Or 18 • 0.56 ACRES
LOT 15 • C.57 ACRES
LOT 21 • 0.55 ACRES
LOT 24 • C.57 ACRES
1
nrmP,n >? se ?a Liw fim0b.la•
WTAU? 14 PAQ kl? 1 14 PAGE f[4t
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TRACT ONE is wum
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NOT PART OF THIS PRO„ECT
I
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u - s 2x32-34 . o . 91 53'
25--4 15 / D - 99.71'
l1 5
• 5 31-)9-]2 x U 23 51'

S•\.
1
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TRACT
u?

TWO
?n
,
L6 • N 35-03-31 E C • 77.53' N.
4;}
1 1
w?n
48,27 ACRES 1 1 ' 1
LiPYF LASE 1
1
GEARING c'"CISANCE zlis ARC LENGTH
1
1
1
C1 H 07-05-31 E 37.66 50.0' 38.[3' a ?•
r 1
1
C2 R 12-30-o E A2.53' 53.0' 43. BS 1 •nk:w,-J 3
I
A 1 1 1
1
0
CI 5 M-10-19 E
N 25-39-54 E u. 71'
12
42 50 0'
30
0' 6.35'
17
17' ,
rf
Q' ay 1 1
•.ra,>n 1 1
,
CS N 2.4-38-10 E .
99.05 .
50.0 .
113.25' n
^ +! ?i 1
11 1 1
L WILLIE G. MILLER, JR., CERTIFY THAT THIS MAP
WA5 DRAWN 1M'OER MY SUPERVISION FROM AN
ACTUAL SURVEY MACE BY ME THAT THE RATIO
OF PRECISION AS CALCULATED BY LAiITUCES
ANC OEPAPTURES IS 1:17.0001.
THAT BOUNDARIES NOT SURVEYED ARE SHOWN AS
BROKEN LINES PLOTTED FROM INFORMATION
FOwND IN E KS REFERENCED HERE.-%' WITNESS
MY HAND AND SEAL THIS 24 DAY OCTOBER. 2005.
2 Z„
;71 Lit G ILLEH, Jrn. S-A
QQ, less,.'..
%
SEAL
4z'.4 L-3544 NOTES

1. SET IRON PIPES AT ALL CORNERS NOT MARKED
2. DEED REFERENCE.' DEED BOOK 343, PAGE 355
3. ON CANALS THE EML NHW AND THE ECM JOIN AS
ONE LINE AN IS ABOUT +-3 FEET FROM EVERY SET IRON
PIPE ON CANALS.
M1 i\ .? .q?'.r 111
ra. / uvu 9?M" 1 , 1 1x
J
404 WETLANDS TABLE
LINES AND CALLS \ wrll?
?V, 1 1 1
wnwv wurl,/ ? wr,r wi °Tw 1
i? ed?LI ?; \ Y\?`• • `1111 ??
u. -?? 11
6 w p?, ,1 "vw w.
• I
_?1y A. 4.
o.a+• K p Sf a?? brA Y"
??t A
d Was ' .
> 1
-
LEGEND
^ NCSR 1537
P
a ?
n
V h
2
m
i
NCSR 1538
HOLLY
RIDGE
NW 50
VICINITY MAP NOT TO SCALE
STUMP--'
SOUNt
t
SITE
I
DEC3020f
BY?
BOUNDARY SURVEY & 404 WETLANDS SURVEY
FOR
D. C. LANIER
STUMP SOUND TOWNSHIP, ONSLOW COUNTY, KORTH CAROLINA
PREPARED BY
WILLIE MILLER LAND SURVEYING
197 OTTIS MILLER ROAD BEULAVILLE N.C. 28518
PHONE [phone] DATE: OCTOBER 22. 2005
SCALE 1--200-
0 200 <00
EML• WATERWARD EDGE OF MARSH
NHW • NORMAL HIGH WATER
EON_ UPPER EDCE OF COASTAL MARSH
EIS- EXISTTN4 IRON STAKE
EIP• EXISTING IRON PIPE
SIP• SET IRON PIPE