20190313 Ver 1_PCN Form Submission_20190307

DWR
Urtslpu of W.-10"Revourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190313
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office - [phone] Chad Coburn:eads\cccoburn
Information for Initial Review
1a. Name of project:
3334 Portside Drive SW
1a. Who is the Primary Contact?*
Dana A. Lutheran
1b. Primary Contact Email:*
[e-mail]
Date Submitted
3/7/2019
Nearest Body of Water
Shallotte Creek
Basin
Lumber
Water Classification
SA;HOW
Site Coordinates
Latitude:
33.92880
Longitude:
7834641
1c. Primary Contact Phone:*
[phone]
A. Processing Information -
County (or Counties) where the project is located:
Brunswick
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
[ Non -404 Jurisdictional General Permit
Individual Permit
18 - Minor Discharges
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
rJ Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Mr. Stewart Montgomery
2b. Deed book and page no.:
4082/0923
2c. Responsible party:
2d. Address
Street Address
137 White Oak Drive
Address Line 2
CKY
Wilmington
Postal / Zip Code
28409
2e. Telephone Number:
[phone]
2g. Email Address:*
stewmont@yahoo. mail
C. Project Information and Prior Project History
r Unknown
State / Province / R�gbn
NC
Country
US
2f. Fax Number:
C Yes r No
C Yes r No

1. Project Information
1b. Subdivision name:
(d appropriate)
Oyster Harbor
1c. Nearest municipality/town:
Shallotte
2. Project Identification
2a. Property Identification Number:
2b. Property size:
230EB023
0.38
2c. Project Address
Street Address
3334 Portside Dr. Sw
Address Line 2
City
State / Fravince / F?agbn
Supply
NC
Fbstal / Zip Code
(buntry
US
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Shallotte Creek
3b. Water Resources Classification of nearest receiving water:*
SA;HQW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12 -digit HUC in which the project is located
030402080203
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site borders Shallotte Creek, on its west side, and two developed lots to the north and south. The site has been mowed recently. A pocosin wetland feature runs up through the
middle of the lot. There is steep grades associated with the wetland feature.Two large dwellings are positioned on each side of the lot.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes F No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
3334 Portside Dr SW Topo Map 011719.pdf 9.18MB
3334 Portside Dr SW LiDAR Map 011719.pdf 414.68KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
3334 Portside Dr SW Soils Map 011719.pdf 8.73MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.06 AC
4g. List the total estimated linear feet of all existing streams on the property:
NA
4h. Explain the purpose of the proposed project:*
The purpose of this project is construct an approArnately 4000 SF single family dwelling, with detached garage, uncovered deck and 20' of back yard, measured from the deck.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
First, the area to be filled and graded will be cleared of all vegetation. Clean earthen fill will be brought in, by dump truck, and graded, using front end loaders and excavators, to the
desired contour.
4j. Please upload project drawings for the proposed project.
3334 Portside Dr SW Wetland Impact Map 3-7-19.pdf 1.43MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
A PJD packet was submitted to the USACE, but SEGi's delineation has not been verified.
5b. If the Corps made a jurisdictional determination, what type of determination was made?

f Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David M. Scibetta
Agency/Consultant Company: SEGi
Other:
Sd1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
To SEGi's knowledge, there are no other NWPs, regional general permits or individual permits associated with the lot or Oyster Harbour Subdivision.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
,W Wetlands r Streams -tributaries ❑ Buffers
F Open Waters r Pond Construction
2. Wetland Impacts
_]
Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
1 Building Footprint P Pocesin 1 Yes Both 0.035
(acres)
171Fnst.
2g. Total Temporary Wetland Impact
0.001
2g. Total Wetland Impact
0.036
2g. Total Permanent Wetland Impact
0.035
2h. Comments:
Temporary
impact area will be returned to its original grade and contour and allowed to re -vegetate naturally. Please see site plan for details.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the position of the wetland, avoidance is not possible. Most of the homes located along the water are positioned as to close to the water as
possible. The Applicant positioned the dwelling as far forward on the property, as possible, but would also provide a decent view of the water. Had the
Applicant positioned the dwelling as close to the water as is permitted by the Division of Coastal Management, another 1155 SF (0.03 AC) of wetlands
would need to be filled. Additionally, a retaining wall will be used to ensure that unauthorized discharges of sediment will not occur once
the dwelling
has been constructed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment fence will be installed, along all wetland lines, prior to undert
aking land disturbing activities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
fJ DWR W,
Corps
2d. If yes, which mitigation option(s)
will be used for this project?
Buffer
T
Pocosin
1
No
Both
0.001
(acres)
2g. Total Temporary Wetland Impact
0.001
2g. Total Wetland Impact
0.036
2g. Total Permanent Wetland Impact
0.035
2h. Comments:
Temporary
impact area will be returned to its original grade and contour and allowed to re -vegetate naturally. Please see site plan for details.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the position of the wetland, avoidance is not possible. Most of the homes located along the water are positioned as to close to the water as
possible. The Applicant positioned the dwelling as far forward on the property, as possible, but would also provide a decent view of the water. Had the
Applicant positioned the dwelling as close to the water as is permitted by the Division of Coastal Management, another 1155 SF (0.03 AC) of wetlands
would need to be filled. Additionally, a retaining wall will be used to ensure that unauthorized discharges of sediment will not occur once
the dwelling
has been constructed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment fence will be installed, along all wetland lines, prior to undert
aking land disturbing activities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
fJ DWR W,
Corps
2d. If yes, which mitigation option(s)
will be used for this project?

P Mitigation bank r Payment to in -lieu fee F Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Stone Farm Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.07
Attach Receipt and/or letter
3c. Comments
Once the impacts and mitigation has been preliminarily approved by the USACE, SEGi will seek the credit reservation letter from the Bank:
Ms. LaDane Williamson
11 Causeway Drive
Stone Farm Investment, LLC
Ocean Isle Beach, NC
Phone: [phone]
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
C Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The site is not located within a Riparian Buffer River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
According to the Oyster Harbour Restrictive Covenants, each lot is allotted 6500 SF of built upon area (BUA). The proposed project will have approximately 4000 SF of BUA.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed project will not result in providing access to currently undeveloped, inaccessible land. In addition, sediment and erosion control
measures will be installed prior to commencing with land disturbing activities. BUA stormvrater will be treated, through vegetated conveyances, prior to
discharging into receiving waters.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Sewer is treated
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The site is in a residential neighborhood and has been mowed recently.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The proposed work will not take place within any areas that would support Essential Fish Habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
There are no buildings on the site and the area has been historically disturbed.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? *
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Part of the proposed work will take place within the AE Flood Zone. The proposed dwelling will be built in compliance with FEMA requirements (i.e.
heated areas elevated 2' higher than the base flood level, if necessary).
8c. What source(s) did you use to make the floodplain determination?*
Brunswick County GIS Mapping.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.

BC Property Appraisal Card.pdf
Deed.pdf
Restrictive Covenants.pdf
3334 Portside Dr SW Vicinity Map 011719.pdf
Signature
P By checking the box and signing below, I certify that:
66.91 KB
187.48KB
592.63KB
5.35MB
. I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
. I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
. I intend to electronically sign and submit the PCN form.
Full Name:
Dana A. Lutheran
Signature
061111'-d%me—
Date
3/7/2019

C. t~ /-
-OL- ]l
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: L-23 .38AC PH -1 PLAT 23/154-158
LOT NO. PLAN NO. PARCEL I.D. 230EB023
STREET ADDRESS: 3334 Portside Dr. SW
Property Owner (please print): Stewart Montgomery
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group. Inc. (SEGi) to act on their behalf in matters regarding areas of
environmentat concern.
Property Owner's Address (if different than property above):
147 White Oak Dr.
Wilmington, NC 28409
Telephone:
910-524-1039
We hereby certify the above information submitted in this application is true and accurate to the best of
our owled
PropPrtv Owner Ai Drize Signature SEGi Authorizers Signature
r K -tzo David 5cibetta
Print Name —� Print Name
1- 1 11,
1/17/2019
Date Date

14082 P0923 07-18-2018
VIII III I II II County,
III I IIII ill Register
ofrenda M. Deeds page 1 ns PROP
Brunswick y,
Brenda M. Clemmons Register of Deeds
07-18-2018 14:38:36.000 Brunswick County, NC
NC REVENUE STAMP: $ 95.00 (#592415)
Return i✓�Type
Total Rev Int.
3'-k $ _ Ck #+ __ Cash $
-'efund Cash $ Finance
ja Portions of document are illegible due to condition
of original.
D!-.)ciment contains seals verified by original
instrument that cannot be reproduced or copied.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 95.00
Parcel Identifier No. 230EB023 Verified by
By:
County on the day of 20_
Mail/Box to: York Law, PLLC 2030 Eastwood Rd, Ste 7 Wilmington, NC 28403
This instrument was prepared by: Richard F. Green, Attorney at Law, PLLC WITHOUT OPINION OF TITLE
Brief description for the Index: LOT 23 & EASEMENTS,
THIS DEED made this 16th day of July 20 18 by and between
GRANTOR
GRANTEE
STEWART MONTGOMERY
ROBERT B. HUGHES and wife,
137 WHITE OAK DRIVE
LAURIE G. HUGHES
WILMINGTON, NC 28409
4406 UPLAND DRIVE
ALEXANDRIA, VA'222310
`'
This property _is is not a
Grantor's primary residence
Enter in appropriate block for each Grantor and Grantee: name, mailing
address, and, if appropriate, character of entity, e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
City of LOCKWOOD FOLLY Township, Brunswick County, North Carolina
and more particularly described as follows:
SEE ATTACHED EXHIBIT A
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1720 page 939
All or a portion of the property herein conveyed includes or does not include the primary residence of a Grantor.
A map showing the above described property is recorded in Plat Book 23 page 154
NC Bar Association Form No. 3 © 1976, Revised © 1/1/2010
Printed by Agreement with the NC Bar Association

VIII'IIIIIIIIIIIIIiIIIIIIIIIIIIIIIII14 18 6
84082 P0924 14 38:336.0.000
Brenda M. Clemmons PROP
Brunswick County, NC Register of Deeds page 2 of 3
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever, other than the following exceptions: All easements, rights of way, restrictions,
and reservations of record.
"This instrument prepared by: Richard F. Green, a Licensed North Carolina attorney. Delinquent taxes, if any, to be paid by
the closing attorney to the county tax collector upon disbursement of closing proceeds."
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year
-�fiirsstt above w 'tten.
(SEAL)
(Entity Name) Print/Type Name: ROBE 71< B. HUGHES
By. _ V:�2L.m
SEAL
Print/Type Name & Title: rin ype Name: LAURILY. HUGHES
Bv:
Print/Type Name &
(SEAL)
Print/Type Name:
By: (SEAL)
Print/Type Name & Title: Print/Type Name:
State of Wm o—l_ - County or City of •N k-5!5 Oe-\
I, the undersigned Notary Public of the County or City of • and State aforesaid, certify that
ROBERT B HUGHES and LAURIE G 14UG14ES personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or
seal this -fir day of July • 1) H TAIN
1 NOTARY PUBLIC, State of New York -_'
My Commission Expires: 0 `k No. 01 TA6122450 To - Notary Public
Qualified in Nassau County Notary's rinted or Typed Name
(Affix Seal) Commission Expires February 14,
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally came before me this day and acknowledged that _he is the
of a North Carolina or
corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority
duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness
my hand and Notarial stamp or seal, this day of 20_
My Commission Expires: Notary Public
(Affix Seal) Notary's Printed or Typed Name
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
Witness my hand and Notarial stamp or seal, this day of
My Commission Expires:
(Affix Seal)
NC Bar Association Form No. 3 @ 1976. Revised © 1!1/2010
Printed by Agreement with the NC Bar Association
20
Notary's Printed or Typed Name
otary Public

64@2 P@925 1-4:38:36.01000
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'VIII Brenda M. Clemmons PROP
County, NC Register of Deeds page 3 of 3
Exhibit A
Legal Description
TRACT ONE:
BEING all of Lot 23, Phase I, of Oyster Harbour as set forth in that plat of survey by Brian N. Hobbs,
P.L.S., dated August 1, 2000 and recorded in Map Cabinet 23 at Page 154 in the office of the Register
of Deeds of Brunswick County, North Carolina.
TRACT TWO (Easement Tract):
A nonexclusive easement over, under and across the below described land:
BEGINNING at the southwestern corner of Lot 20 of the aforedescribed Lot 23 and being the northern
right-of-way line of Portside Drive as shown on the aforedescribed plat of survey; thence under and
across and within the right-of-way of Portside Drive along the northern side continuing past the cul de
sac along the eastern side of said right-of-way to a 15 foot utility easement as shown on a plat of survey
by Brian N. Hobbs, P.L.S., dated September 10, 2001 and recorded in Map Cabinet 24 at Page 529 in
the office of the Register of Deeds of Brunswick County, North Carolina; thence under and across the
aforedescribed 15 foot utility easement to the western right-of-way line of Portside Drive.
TRACT THREE (Easement Tract):
Being a nonexclusive easement over, under and across the area designated "15 foot Access and Utility
Easement" as shown on that plat of survey by Brian N. Hobbs, P.L.S., dated September 10, 2001 and
recorded in Map Cabinet 24 at Page 529 in the office of the Register of Deeds of Brunswick County,
North Carolina.
The easements described in Tract 2 and 3 shall be for the purpose of installing and maintaining lines
and other equipment necessary to serve a septic tank drain field for the use and benefit of the owners
of Lot 23, Phase I of Oyster Harbour Subdivision. This easement shall run with the land and shall be
for the use and benefit of the owners of Lot 23, Phase I, Oyster Harbour Subdivision, their heirs and/or
assigns.
TRACT FOUR (Easement Tract):
Being an exclusive easement over, under and across that tract of land designated 23A as described in
that plat of survey by Brian N. Hobbs, P.L.S., dated September 10, 2001 and recorded in Map Cabinet
24 at Page 529 in the office of the Register of Deeds of Brunswick County, North Carolina, said
easement being of the purpose of installing and maintaining a drain field and repair area for the use
and benefit of the owners of Lot 23, Phase I of Oyster Harbour Subdivision. This easement shall be
perpetual in nature and shall run with the land for the use and benefit of the owners of Lot 23, Phase I,
Oyster Harbour Subdivision, their heirs and/or assigns.
The easements granted in Tracts 2, 3 and 4 shall continue until 90 days after public sewer becomes
available to all lots utilizing the drain fields shown on that plat of survey described in Tract 4 above.
Exhibit A to OWNER AFFIDAVIT REGARDING LEASES - 3334 Portside Drive SW, Supply, NC 28462

Brunswick County—Register of Deeds
Robert J. Robinson
Inst #55057 Book 1403gage1
09/14/2000 04:19:40pm Rec#55 51-POW
AMENDMENT TO
RET -�� DECLARATION OF RESTRICTIVE COVENANTS
TOTAL REV TC#- OF
REC# CK AMT (0 CK60433
CASH a REFS B OYSTER HARBOUR
KNOW ALL MEN BY THESE PRESENTS, the undersigned Declarant of Oyster
Harbour Subdivision of Lockwood Folly Township, Brunswick County, North Carolina, does
hereby adopt and declare the following actions by setting its hand and seal hereto;
WITNESSETH:
THAT WHEREAS, the Declarant of Oyster Harbour Subdivision (herein
"DECLARANT") filed a Declaration of Restrictive Covenants of Oyster Harbour Subdivision in
Book 1357 at Page 1097 (herein "RESTRICTIONS") of the Brunswick County Registry; and
WHEREAS, said RESTRICTIONS provided that the DECLARANT reserves the right to
amend the RESTRICTIONS from time to time without joinder of any other person; and
WHEREAS, the DECLARANT deems it expedient to amend said RESTRICTIONS as
follows:
NOW THEREFORE, in accordance with the recitals which by this reference are made a
substantive part hereof, Declarant declares that all of the property described on recorded plat(s)
in Map Cabinet 23 at Page(s) 154-158 in the Brunswick County Registry and any other lots or
parcels of land the conveyance of which makes specific reference to this Declaration of
Restrictive Covenants are made subject to these Restrictions and the Declaration and shall be
held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of OYSTER
HARBOUR as it now exists and is hereafter expanded and that such easements, restrictions,
covenants and conditions shall burden and run with said property and be binding on all parties
now or hereafter owning said real property and their respective heirs, successors and assigns,
having any right, title or interest in the properties now or hereafter subjected to these Restrictions
and the Declaration of Covenants, Conditions and Restrictions of Oyster Harbour Planned
Community,as amended, previously filed (herein the "DECLARATION") or any part thereof,
and shall inure to the benefit of each owner thereof and their respective heirs, successors and
assigns.
PROPERTY SUBJECT TO THESE RESTRICTIONS AND THE DECLARATION
AND ADDITIONS THERETO
1. Existing Property The real property (herein the "PROPERTY") which is, and shall be held,
transferred, sold conveyed and occupied subject to these Restrictions and the Declaration,
irrespective of whether there may be additions thereto as hereinafter provided, is located in
Brunswick County, North Carolina, and is shown on maps recorded in Plat Cabinet 23, Pages
154-158 in the Office of the Brunswick County Register of Deeds.
2. Additions to Existing Property. Additional property may be brought within the scheme of
these Restrictions and the Declaration and the jurisdiction of the Oyster Harbour
Homeowners Association, Inc. (herein "Association"):
(a) Declarant reserves the right to subject to the Declaration and the Restrictions
other certain contiguous property that it owns, which may be developed into tracts
and roadways and may later made a part of OYSTER HARBOUR. Declarant
shall have and hereby reserves the right and option, from time to time and for so
long as the Declarant owns any contiguous property, to subdivide all or any
portion of the same into additional tracts by the filing of a plat designating such

Inst # 55057 Book 1403Page: 2
tracts on the records of Brunswick County, North Carolina, and upon any such
filing the number of tracts located on the property shall be increased to include
such additional tracts.
(b) Additional residential property and common area, consisting of not more than five
hundred (500) acres, outside of the area may be annexed to the properties and
brought within the scheme of these Restrictions and the Declaration and the
jurisdiction of the Association in future stages of development without the
consent of the Association or its members; provided, however, that said
annexations, if any, must occur within ten (10) years after the date of this
instrument.
(c) The additions authorized under subsections (a) and (b) shall be made by filing of
record Supplementary Declaration of Restrictive Covenants of OYSTER
HARBOUR and by filing of record Supplementary Declarations of Declaration of
Covenants, Conditions and Restrictions of OYSTER HARBOUR and OYSTER
HARBOUR Homeowners Association, Inc., with respect to the additional
properties which shall extend the scheme of these Restrictions and the Declaration
and the jurisdiction of the Association to such properties and thereby subject such
additions to assessments for their just share of the Association's expenses. Said
Supplementary Declarations and Restrictions may contain such complementary
additions and modification of these Restrictions and the Declaration as may be
necessary.
GENERAL USE RESTRICTIONS
Declarant does hereby covenant and agree with all persons, firms or corporations
hereafter acquiring title to any portion of the Property that the Property is hereby subject to these
Restrictions as to the use thereof and do agree, publish and declare that the deeds hereinafter
made by it to purchasers of the Property shall be made subject to the Declaration and to the
following Restrictions:
1. Except as otherwise provided in these Restrictions, the lots shall be used for residential
purposes only, and no structure shall be erected, placed, altered or permitted to remain on
any lot other than one detached, single-family dwelling and related structures incidental
to the residential use of the lot, such as garages and boat houses, which otherwise comply
with these Restrictions, except that Declarant reserves the exclusive right to construct a
roadway over any lot owned by it in order to grant access to other property acquired by
Declarant and in such cases the remainder of any such lot not used for the roadway shall
still be subject to these Restrictions.
2. Each single-family dwelling shall have an enclosed, heated living area (exclusive of open
porches, garages, and other unheated spaces) not less than Two Thousand Four Hundred
(2,400) square feet if fronting on the waterfront and One Thousand Eight Hundred
(1,800) square feet otherwise. The design, location, and construction of all improvements
on each lot (regardless of when such improvements are made) and the landscaping of
each lot must be approved in advance by the Architectural Review Committee of Oyster
Harbour of Oyster Harbour Homeowner's Association, Inc. (hereinafter referred to as the
"Committee"), which Committee is established pursuant to the Declaration.
3. All improvements to the lot must comply with Brunswick County setback requirements
or those set out in the recorded plat.
4. More than one lot (as shown on said plat(s))or portions thereof, may be combined to form
one or more lots by (or with the written consent of) Declarant, its successors and assigns.
No lot may be subdivided by sale or otherwise, except by (or with the 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 set -back lines as set forth herein.

Inst # 55057 Book 1403Page: 3
5. All connections of private driveways to OYSTER HARBOUR road system, and all
connections of private easements and right-of-ways to that road system shall be
constructed and maintained in accordance with the rules, regulations and specifications as
approved by the Committee.
6. There shall be no signs, fencing, or parking permitted within the road right -of- way.
7. No building, fence, wall, pool, outbuilding, driveway, or any other accessory feature to
the dwelling or any other structure upon any lot shall be commenced, erected, placed,
maintained or altered on any lot or combination of contiguous lots until the Complete
Construction Plans (hereinafter "Plans") are approved in writing by the Committee or its
designated agents. The Committee's refusal or approval of Plans may be based upon
purely aesthetic considerations, which in its sole discretion the Committee shall deem
sufficient, but approval shall not unreasonably be withheld. One copy of all Plans and
related data shall be furnished to the Committee for its records. If no action is taken by
the Committee within forty five (45) days after Plans are submitted to it, the owner may
proceed to build without approval.
8. Construction of new residential buildings only shall be permitted, it being the intent of
this covenant to prohibit the moving of any existing building or portion thereof on a lot
and remodeling or converting the same into a dwelling unit in this Planned Community
excepting however, Declarant's mobile offices provided for hereinbelow.
9. With the exception of construction which is interrupted or delayed due to physical
damage to the work in progress (such as damage due to fire, lightning, windstorm, hail,
riot or civil commotion, explosion, or theft), any dwelling constructed upon a lot must be
completed within one (1) year subsequent to commencement of construction, except with
the written consent of Declarant, its successors or assigns, or, if the Declarant so
designates, by the Committee. The normal period of completion time for outbuildings or
other improvements shall be presumed to be four (4) months from the issue date of the
building permit. In the event that completion of the dwelling, outbuildings, or other
improvements on any lot is not completed within one year, and it is determined 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 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
10. No trailer, truck, van, modular home, mobile home, tent, camper, barn, garage, or other
outbuilding or temporary structure parked or erected on lots in this Planned Community
shall at any time be used as a residence, temporarily or permanently, nor shall any
structure of a temporary character be used as a residence; provided, however, that this
prohibition shall not apply to shelters used by the contractors during the construction of
the main dwelling house, it being clearly understood that these temporary shelters will
not be permitted to remain on any lot after completion of construction. The Committee
shall have the right to approve or disapprove these temporary construction shelters or
vehicles. The Committee, upon approval of a temporary construction shelter or vehicle,
will issue a letter stating the length of time such shelter will be "") allowed to remain
upon such lot and where such shelter is to be located upon such lot.
11. All homes constructed in OYSTER HARBOUR must be supplied with water for normal
domestic use from individual privately drilled wells, or from a public utility company, if
available. Each individual owner shall locate the well drilled on such owner's lot so as to
comply with all the governmental regulations regulating the minimum distance between
such well and septic fields proposed or approved for owner's lot and all lots adjoining
such owner's lot. Before drilling a well, each owner must submit a site plan locating the
proposed building site, drainage and repair septic field and well site.
12. Exposed exterior walls composed of the following materials shall be prohibited from
OYSTER HARBOUR: concrete block, imitation asphalt brick siding, imitation asphalt
stone siding, tarpaper.

Inst # 55057 Book 1403Page: 4
13. Declarant shall be permitted to erect one -mobile -office on any lot that it owns for the
purpose of maintaining a sales information center and construction office.
14. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall
anything be done thereon which may become an annoyance or nuisance to the
neighborhood. No animals, reptiles or poultry of any kind, except dogs and cats and other
indoor household pets. In addition, all barns, fences, outbuildings and structures of any
kind must be approved in writing by the Committee prior to commencement of
construction thereof. Each owner must see to it that all of the owner's dogs are kept on
the owner's property unless leashed. No dogs shall be permitted to roam the property and
the Association may have strays and dogs that are not leashed and are found off their
owner's lot picked up by governmental authorities. The throwing or dumping of trash,
garbage, and waste materials shall not be permitted. The interference of any stream or
future waterways so as to cause pollution or stagnation in these waterways is prohibited.
There shall be no excavation which does not pertain to the building or construction of a
home. Bottled gas containers and oil tanks shall be screened from public view. There
shall be no above ground swimming pools, unless approved by the Committee.
15. No portion or part of any lot shall be used or maintained as a dumping ground for rubbish
or other refuse. Trash, garbage, or other waste shall not be kept, except in sanitary
containers screened from view from all roads, all other lots, and from the Common
Property that the Declarant, prior to the sale of such lot, may use portions of such lot as a
burial pit in accordance with governmental regulations.
16. In addition to the easements that are shown on the recorded plats of OYSTER
HARBOUR, easements seven and one-half (7.5) feet in width along the side and rear
property lines of all lots are reserved by Declarant for installation, repair, replacement
and maintenance of utilities and drainage, including the right to keep said easements free
and clear of all obstructions. An easement of fifteen (15) feet is reserved for such
purposes along the front property lines of all lots. In the event the rear property line of a
lot is not a common line with the rear property line of another lot in Oyster Harbour, then
in such event the utility and drainage easement along the rear property line of such lot
shall be fifteen (15) feet in width. As between the easements reserved by these
Restrictions and the easements that are located in the same areas as shown on the
recorded maps, the easements that are greater in width shall be the easements that are in
effect.
17. Declarant reserves a temporary construction easement of thirty-five (35) feet in width
along both sides and running parallel to streets or roads, which easements shall expire
eighteen months after the particular road construction commences, or upon the
acceptance of such streets or roads for maintenance by governmental authority. No
outside clotheslines shall be permitted. No satellite dishes shall be permitted unless
concealed from view from all lots and open spaces. The design of such enclosures must
be approved by the Committee prior to erection. Mailboxes shall be of a design, color and
choice of materials as designated by the Declarant or, if the Declarant so designates, by
the Committee, and may not violate North Carolina Department of Transportation
standards or US Postal Service regulations.
18. There shall be no junk automobiles, junk of any sort, unserviceable vehicles, or salvage
stored or placed or allowed to remain on or in any portion of this Planned Community.
Unless located within enclosed garages, no large boat and/or boat trailer (over 28 feet in
length), travel trailer, motor home, tractor trailer truck, or any other such vehicle shall be
kept or maintained or located upon any lot unless and except with prior approval of the
Committee. Other boats and/or boat trailers (less than 28 feet in length) must be stored
behind the building set back line. No vehicles that are disabled or under repair shall be
kept upon any lot unless located within enclosed garages. Unlicensed automobiles,
including antique cars, if present must be stored out of sight in a garage. Large trucks
shall not be parked on a regular basis within this Planned Community. No lot shall be
used for storage of building materials prior to the issuance of the building permit for the
Primary Residence. Large truck shall be defined as any non -passenger vehicle larger than
a pick-up truck.
19. No billboards or signs of any description shall be displayed upon any lot with the
exception of those approved by the Declarant or if the Declarant designates, by the

Inst # 55057 Book 1403Page: 5
Committee, the Declarant reserves the right to place and maintain appropriate
development signs at the entrance to this Planned Community. All sign colors must be
approved by Declarant, or if Declarant so designates, by the Committee. Declarant also
reserves the right to erect and maintain signs designating streets, boat landings,
recreational areas, and any other sign that will aid in the development of OYSTER
HARBOUR.
20. Except within the building site or within 20 feet of the main dwelling, no trees of any
kind in excess of 6 inches in diameter at ground level may be removed from any lot
without " prior approval of the Committee.
21. Declarant, or its successors and assigns, will deed a lot or right of way to the Association
which will provide access for lot owners to a community pier, boat ramp, community
beach or other amenities which will be constructed by the Declarant and maintained by
the, Association. Notwithstanding anything herein to the contrary, Declarant will also
deed to the Association at least one (1) acre fenced for dry boat storage, or for any other
use permitted in these Restrictions, for its use and maintenance. Other amenities provided
by Declarant and deeded to the Association will be maintained by the Association.
22. As provided for herein (see Section 2 of "Property Subject To These Restrictions and
Declaration and Additions Thereto"), it. is understood that Declarant, its successors and
assigns, may develop, subdivide or sell additional tracts or parcels of land. Declarant
reserves the right for its successors or assigns to connect such additional property to this
Planned Community and to grant easements to use the Planned Community roads and
community access to the water and recreational areas of this Subdivision.
23. DEFINITIONS: Reference to "Planned Community" in this document is intended to
refer to Phase I of OYSTER HARBOUR consisting of five (5) sheet in the Brunswick
County Registry. Reference to "Association" in this document is intended to refer only to
"OYSTER HARBOUR Homeowners Association, Inc."
24. Nothing herein contained shall be construed as imposing any covenants and restrictions
on any property of the owner of this Planned Community other than the Property that is
subjected to these Restrictions. The Property herein described is also made subject to the
Declaration of Covenants, Conditions and Restrictions of OYSTER HARBOUR and
OYSTER HARBOUR Homeowners Association, Inc. recorded separately, which
Declaration is incorporated herein by reference.
25. Enforcement of these Restrictions may be at law or in equity against any person or
persons violating or attempting to violate any covenant, condition or restriction herein
contained. In the event of enforcement of these Restrictions at law or in equity and a
violation hereof is judicially determined, then the violator shall be assessed with the costs
of such action, including without limitation reasonable attorneys fees.
26. The Declarant and purchasers of lots in OYSTER HARBOUR understand that the vesting
of rights relating to proposed piers, docks, boat access ramps, floats, boathouses or
disturbance of the shoreline buffer is subject to the terms and conditions set out by the
United States Army Corps of Engineers and the State of North Carolina or their assigns.
Zoning and Building permits are required from Brunswick County.
27. Declarant reserves the right to assign its rights to a successor who also assumes the
Declarant responsibilities.
28. Judicial invalidation of one or more of the provisions hereof shall not adversely affect the
remainder hereof which shall remain in full force and effect.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL AND NATURAL RESOURCES DIVISION
OF WATER QUALITY REQUIRED RESTRICTIONS
The following covenants are intended to insure ongoing compliance with State
Stormwater Management Permit #SW8000611 as issued by the Division of Water Quality. These
covenants may not be changed or deleted without the consent of the State of North Carolina.

Inst # 55057 Book 1403Page: 6
1. The allowable built upon area per lot is 6500 square feet. This allotted amount includes
any built upon area constructed within the lot property boundaries, and that portion of the
right or way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wooden decking, or the water surface of
swimming pools.
2. The covenants pertaining to stormwater regulations may not be changed or deleted
without concurrence of the Division of Water Quality.
3. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings is strictly prohibited by any
persons.
4. Lots within LAMA'S Area of Environmental Concern may have the permitted built upon
area reduced due to CAMA jurisdiction within the AEC.
5. Each lot will maintain a thirty (30) foot wide vegetative buffer between all impervious
areas and surface waters.
THESE RESTRICTIONS RUN WITH THE LAND
This Declaration of Restrictive Covenants of OYSTER HARBOUR and the Declaration
of Covenants, Conditions and Restrictions of OYSTER HARBOUR and OYSTER HARBOUR
Homeowners Association, Inc. compose the general plan of development for the Property herein
described and run with the land and shall benefit and be binding on all parties and persons (and
their respective heirs, representatives, successors and assigns) claiming title to any of the
Property herein described for a period of thirty (30) years from the date these Restrictions are
recorded, after which time said Restrictions shall be automatically extended for successive
periods often (10) years, unless an instrument signed by a sixty-six percent (66%) majority of the
then owners of the lots and the Declarant has been recorded agreeing to change said Restrictions
in whole or in part. These Restrictions may be amended by the affirmative vote of the owners
representing sixty-six percent (66%) of the lots and the Declarant at the time of the vote.
Except as herein amended, said restrictive covenants recorded in Book 1357 at Page 1097
of the Brunswick County Registry shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this Declaration of Restrictive
Covenants of OYSTER HARBOUR to be duly executed this /-7 day of S � , 2000.
OYSTER HARBOUR, LLC
MANAGER i

STATE OF NORTH CAROLINA Inst # 55057 Book 1403Page: 7
COUNTY OF BRUNSWICK
I, a Notary Public, in and for the county and state aforesaid do hereby certify that
WILLIAM G. ALLEN personally appeared before me this day and acknowledged that he is the
Manager of OYSTER HARBOUR, LLC, a North Carolina limited liability company, and that by
authority duly given and as the act of the LLC , the foregoing instrument was signed by him.
Witness my hand and official seal this /J - day of , 2000.
• �{5Y�E
Pll7
NO ARY P LIC r
/7- z00
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of JUDY ODOM
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 14th Day of September , 2000
in the Book and Page shown on the First Page hereof.
8irwo
ROBER J. ROBI SON Register f Deeds

2/25/2019
BRUNSWICK COUNTY
Appraisal Card
2/25/2019 4:28:42 PM
HUGHES ROBERT B ET LAURIE G Return/Appeal Parcel: 230EB023
Notes:
3334 PORTSIDE DR SW CO PLAT: UNIQ ID
/ 83399
52996660 ID NO: 109612852786
BRUNSWICK COUNTY (100), TRI -BEACH FIRE (14) CARD NO. 1 of
1
Reval Year: 2015 Tax Year: L-23 .38AC PH -1 PLAT 23/154-158 0.3800 AC SRC=
2018
Appraised by 33 on 05/22/2014 506E OYSTER HARBOR TW -05 Cl- FR- EX- AT- LAST ACTION
00 19 20140522
CONSTRUCTION MARKET VALUE
DETAIL
DEPRECIATION
CORRELATION OF VALUE
TOTAL POINT VALUE�9800
Eff.
D Area
UAL
BASE
RATE
RCN
EYBAYB
CREDENCE TO
BUILDING
ADJUSTMENTS
I
DEPR. BUILDING VALUE - CARD 0
TOTAL ADJUSTMENT TYPE: VACANT LAND
DEPR. OB/XF VALUE - CARD 0
FACTOR
MARKET LAND VALUE - CARD 37,500
TOTAL QUALITY INDEX STYLE:
TOTAL MARKET VALUE - CARD 37,500
TOTAL APPRAISED VALUE - CARD 37,500
TOTAL APPRAISED VALUE - PARCEL 37,50
TOTAL PRESENT USE VALUE - PARCEL 0
TOTAL VALUE DEFERRED - PARCEL 0
TOTAL TAXABLE VALUE - PARCEL 37,500
PRIOR
BUILDING VALUE 0
OBXF VALUE 0
LAND VALUE 37,500
PRESENT USE VALUE 0
DEFERRED VALUE 0
TOTAL VALUE 37,500
PERMIT
CODE I DATE I NOTE I NUMBER AMOUNT
ROUT: WTRSHD:
SALES DATA
OFF.
RECORD DATE
DEEDINDICATE
BOOK
PAGE MO
R
TYPE
/U
/I
SALES PRICE
040820923
7
2018
GW*
Q
V
47500
01720
0939 3
2003
WD
U
V
140000
013571070
2
2000
WD
U
V
0
HEATED AREA
NOTES
SUBAREA
UNIT
ORIG
%
SIZE
ANN
DEP
%
OB/XF
DEPR.
GS
RPL
TYPE
AREA
%
CS CODE
UALITYDESCRIPTION
COUNTLTH
WTH
UNITS
PRICE
COND
BLDG# FACT
AYB
EYB
RATE
OVRCOND
VALUE
FIREPLACE TOTAL OB/XFVALUE 0
SUBAREA
TOTALS
BUILDING DIMENSIONS
LAND INFORMATION
OTHER
HIGHEST
ADJUSTMENTS
AND
AND NOTES
LAND
TOTAL
ADJUSTED
BEST
USE
LOCAL
FRON
DEPTH
LND
COND
RF AC LC
ROAD
UNIT
LAND
UNT OTAL
UNIT
LAND
OVERRIDE
LAND
USE
CODE
ZONING
TAGE
DEPTH
SIZE
MOD
FACT
TO OT
TYPE
PRICE
UNITSTYPADJST
PRICE
VALUE
VALUE
NOTES
SFR
0103
R75
0
0
1.0000
0
0.5000
PW
75,000.00
1.000
LT 0.500
37,500.00
37500
RIVER
TOPO/SZE
TOTAL MARKET LAND DATA
37,50
TOTAL PRESENT USE DATA
http://tax.brunsco.netlitsnetlAppraisalCard.aspx?parcel=230EB023&TaxYear=2018 1/1

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Single family Dwelling
Total Wetlands
0.06 ac.
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