SW8030404_Current Permit_20190723

'ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
July 23, 2019
NORTH CAROLINA
Environmental Quality
Sunset South Owners Association
Attn: Wayne L. Wagner, or Current President
PO Box 4898
Wilmington, NC 28406
Subject: Permit Transfer under SL 2011-256
State Stormwater Management Permit No. SW8 030404
Sunset South
New Hanover County
Dear Mr. Wagner:
On December 16, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a
request from Wilmington Housing Authority to transfer the permit to a unit owners association,
owners association, or other management entity identified in the condominium or planned
community's declaration pursuant to NCGS 143-214.7(c2) and Session Law 2011-256. After two
non -compliant inspections, the original permittee modified Basin #4 to facilitate drawdown within
5 days. A modified permit was issued to the Wilmington Housing Authority on May 11, 2018. The
consultant provided a certification for the basin on January 28, 2019. Due to the drought, the
Division was unable to inspect the project until recently.
A file review and site inspection was performed on July 18, 2019 by DEMLR staff and as noted in the
enclosed inspection report, the site is currently in compliance with the terms and conditions of the
current state stormwater permit. The current permittee has attested that the requirements of
Session Law 2011-256 have been met, including:
1. The subdivision is subject to the requirements of Chapter 47F, aka the Planned Community
Act.
2. A completed and signed Permit Transfer Application;
3. A copy of the recorded deed conveying any common areas of the subdivision to the
Association;
4. A determination by the Division that the project is in compliance with the permit. This
determination must be made in writing no more than 90 days prior to the transfer.
Documents that the permittee needs to submit in order for the Division to make that
determination of compliance include:
a. A copy of the designer's certification for any permitted BMP's;
b. A copy of the recorded deed restrictions limiting the BUA on each lot;
c. Verification that the permitted maximum built -upon area per lot has not been
exceeded;
d. A copy of the recorded subdivision plat documenting the number of lots and the
locations of all required drainage and maintenance access easements as depicted on
the approved plans;
e. Verification that more than 50% of the lots have been conveyed to individuals (not
builders).
The Division is hereby notifying you that the requirements of SL 2011-256 have been met and that
permit SW8 030404 has been transferred on July 23, 2019 and to remind you that this permit shall
be effective until July 10, 2025. For your records, please find enclosed copies of: the permit; the
original application and supplements; the inspection report, the Permit Transfer Application Form;
and the 0&M agreements. Please keep this cover letter, updated permit, permit documents and
approved plans on file at all times.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
ffi •�%/� Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NOfiM CqR UN0. l
oa.vanmu h....w Mft 910.796.7215

State Stormwater Permit No. SW8 030404
Page 2 of 2
The project is subject to the conditions and limitations as specified in the updated and transferred
permit. Please pay special attention to the conditions listed in this permit regarding the Operation
and Maintenance of the BMP(s), enforcement of deed restrictions, ownership changes, transferring
the permit, and renewing the permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system, to enforce the deed restrictions, to transfer
the permit, or to renew the permit, will result in future compliance problems.
if any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of Administrative
Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General
Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You
should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or
the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www,NCOAH.com. Unless such demands are
made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact
Linda Lewis with DEMLR in the Wilmington Regional Office at [phone].
Sinccee ely,
moo` ,
.31;; S. Daniel1§mith, Director
Division of Energy, Mineral and Land Resources
GDS/arl: G:\\\Stormwater\Permits & Projects\2003\030404 HD\2019 07 permit 030404
cc: Wilmington Housing Authority
Phil Norris, P.E., Norris & Tunstall
Wilmington Regional Office Stormwater File

State Stormwater Management Systems
Permit # SW8 030404
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
S T ATE S T ORMWA T ER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Sunset South Owners Association
Sunset South
Southern Boulevard at Adams Street, I/Vilmington, New Hanover County
FOR THE
construction, operation and maintenance of four (4) infiltration basins in compliance with the
minor modification provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules`) and the approved stormwater management plans and specifications and
other supporting data as attached and on file with and approved by the Division of Energy,
Mineral and Land Resources (DEMLR or Division) and considered a part of this permit.
This permit shall be effective from the date of issuance until July 10, 2025 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff
as described in Section 1.6 of this permit.
3. The subdivision is permitted for 130 lots, each limited a maximum amount of built -upon
area as follows: Lots 1-125 and 127-130 are each allowed a maximum of 2,500 square
feet of built -upon area. Lot #126 is allowed a maximum of 2,750 sf of built -upon area.
4. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
5. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
Page 1 of 5

State Stormwater Management Systems
Permit # SW8 030404
6. The following design criteria have been approved for the four infiltration basins and
must be maintained at design condition:
Basin #
1
2
3
4
a. Drainage Area, acres:
Onsite, ft2:
offsite, ft2-0
3.72
162,049
7.02
305,775
0
5.23
227,903
0
12.32
10.94
1.38
b. Total Impervious Surfaces, ft2:
Onsite, ft2:
Offsite, ft2:
78,829
78,829
0
136,750
136,750
0
111,728
111,728
0
219,861
218,821
1,040
c. Design Storm, inches:
2.0
2.0
2.0
2
d. Basin Depth, feet:
5.0
5.0
5.0
4.25
e. Bottom Elevation, FMSL:
21.0
24
24.5
26.5
f. Bottom Surface Area, ft2:
1,613
3,662
6,644
10,875
g. Bypass Weir Elevation, FMSL:
25.78
27.12
27.36
30.75
h. Permitted Storage Volume, ft3:
19,667
65,701
55,451
68,814
i. Type of Soil:
Sand
Sand
Sand
Sand
j. Expected Infiltration Rate, in/hr:
29
29
24
35
k. Seasonal High Water Table, FMSL:
18.5
21
22
24.5
I. Time to Draw Down, hours:
5
<8
<5
<4
m. Receiving Stream/River Basin:
Cape Fear River / CPF17
n. Stream Index Number:
18- 71
o. Classification of Water Body:
Sc
II. SCHEDULE OF COMPLIANCE
The permittee shall maintain the vegetated runoff conveyances and the runoff
collection system of swales, inlets, catch basins and piping at the grades, sizes,
dimensions, slopes, elevations and locations shown on the approved plans.
2. The permittee is responsible for verifying that the proposed built -upon area for each lot
and within the common areas, including driveways and sidewalks, does not exceed
the allowable built -upon area. The assigned and recorded built -upon area limit may not
be revised without approval from the Division.
3. The permittee shall review all proposed new and modified lot plans for continued
compliance with the BUA limits specified in this permit. The plans reviewed must show
and account for all of the existing and proposed built -upon area.
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision, acquisition, or sale of all or part of the project area as
reported on the application.
d. Filling in, altering, removing, relocating, redirecting, regrading or resizing of any
of the vegetated runoff conveyances or runoff collection system components
shown on the approved plan.
e. The construction of any future built -upon area reported on the application.
f. The construction of any areas of permeable pavement or #57 stone or
landscape materials for BUA credit.
g. Any other revision as determined by the Director.
5. The stormwater runoff collection system and the stormwater control measures shall be
constructed, operated and maintained in accordance with the permit documents and
the approved plans.
Page 2 of 5

State Stormwater Management Systems
Permit # SW8 030404
6. The permittee shall provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of infiltration sand media, runoff collection
structures, bypass structures, catch basins and piping.
g. Access to all components of the stormwater system must be available for
inspection and maintenance.
7. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
8. The following deed restrictions and protective covenants related to stormwater
management have been recorded in Deed Book 4260 at Page 742 with the New
Hanover County Register of Deeds and must be maintained in perpetuity. Upon
receipt of this permit, the permittee shall approve and record the prepared amendment
to the recorded deed restrictions to change the BUA limit noted in item (f) for Lot #126
from 2500 sf to 2750 sf. (Note: All references to the Division of Water Quality are
understood to now reference the Division of Energy, Mineral and Land Resources)
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 030404, as issued by the
Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 2,500 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that naturally drain into the system
are not required to provide these measures.
9. Upon receipt of this permit, the permittee shall approve, record and submit the
prepared amendment to the above -recorded deed restrictions to change the BUA limit
for Lot #126 from 2500 sf to 2750 sf. The basin has already been sized to handle the
runoff from the additional BUA.
Page 3 of 5

State Stormwater Management Systems
Permit # SW8 030404
10. The designer certifications for Basins #1, #2 and #3 were submitted on August 15,
2007. The designer certification for the modified Basin #4 was submitted on January
23, 2019. All of the certifications were provided by an appropriately licensed designer
for the type of system installed. All of the certifications indicate that the Basins were
installed in accordance with the provisions of this permit, the approved plans and
specifications, and other supporting documentation.
11. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in the
notice, the permittee shall submit a written time schedule to the Director for modifying
the site to meet minimum requirements. The permittee shall provide copies of revised
plans and certification in writing to the Director that the changes have been made.
12. The stormwater facilities were inspected by DEMLR on July 18, 2019 and found to be
in compliance. Prior to any future transfer of the permit, the stormwater facilities must
be inspected by DEMLR personnel, and determined to be in compliance with the
permit conditions and the approved plans and details. Any items not in compliance
must be repaired or replaced to design condition prior to the transfer. Records of
maintenance activities performed to date will be required.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed Permit
Transfer Application Form, accompanied by the supporting documentation as listed on
the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior
to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in whole
or in part, except in the case of an individual lot sale that is made subject to the
recorded deed restrictions,
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e)
and NCGS 57D-6-07,
2. The permittee shall submit a competed Permit Information Update Form to the Division
within 60 days of any one or more of the following events:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the current permittee;
3. The permittee is responsible for compliance with the terms and conditions of this
permit until such time as the Director approves the transfer request.
4. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject
to enforcement procedures set forth in NCGS 143, Article 21.
5. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
Page 4 of 5

State Stormwater Management Systems
Permit # SW8 030404
6. The issuance of this permit does not preclude the Permittee from complying with all
statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
7. If the facilities fail to meet design conditions, the Permittee shall take immediate
corrective action, including those as may be required by this Division, such as the
construction of additional or replaC�ment stormwater management systems.
8. The permit may be modified, revoked and reissued or terminated for cause. The filing
of a request for a permit modification, revocation and reissuance or termination does
not stay any permit condition.
9. Permittee grants permission to staff of DEQ / DEMLR to access the property during
normal business hours to inspect the stormwater facilities.
10. The permittee shall submit a permit renewal application, fee and supporting
documentation as listed on the renewal application form, to the Division at least 180
days prior to the expiration date of this permit.
11. The permittee shall maintain a copy of the permit, the application documents, the O&M
agreement, and approved plans and specifications on file.
Permit transferred, updated and reissued this the 23rd day of July 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 030404
Page 5 of 5

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-214.7(c2)/Session Law 2011-256)
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
Please notify DWQ prior to the submittal of this transfer form to request an inspection of the
stormwater system.
1. This completed and signed form.
2. Legal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conveyed to the proposed permittee in accordance
with the condominium or planned community declaration.
3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4. A copy of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
5. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee.
7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
ECE,vE
UEC � 9 2016
SSW HOA N/O Change Rev24Sept2012 Page 1 of 3

11. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:. SW8 030404
2. Project Name: Sunset South
3. Current Permitee's Company Narrielorganization How" AW" of" O"y 0"Wnom mo camwe
4. Signing Official's Name: Katrina H. Redmon Title: Chief Executive Officer
5. Mailing Address: 1524 S. 1.6th Street
City: Wilmington mate: NC zip: 28401
6. Phone: , 9( 10 341-7700 Fax.. [phone]
M. PROPOSED PERMITTEE / OWNER / PROJECT /.ADDRESS INFORMATION
The proposed permittee identified in the condominium or planned commumiW) - OR
following (check one):
❑ Unit Owners Association DEC, I
® Owners Association._-.----
❑ Other Management Entity
Proposed Permtte+e's.
1. Company Larne/Organization: Sunset South Owners Association
2. Contact Name & Title (Please provide name of companytorganization's authorized representatives or agent
and Her/his officiai title such as President):
Wayne L. Wagner, President (Vpd2te ail -7-22-1'9� b2SeoCc CSUS Rkict
3. Mailing dress: PO Box 4898
City: Wilmington State: NC ZIp: 28406
4. Phone: ,9( 1O t 722-1664 Fax: (unkripwn
IV. CURRENT PERMITTEE'S CERTIFICATION
1. w.caedma,,ftHatiftAu*xftaftCkyofVan*Xp,, ' the current pamittee, am submitting this request for
a: transfer of stormwater permit # swe 030404 . 1 hereby attest that I have met the
requirements of N.C.G:S.143-214.7(c2)f Session Law 2011-256, and propose to transfer the permit
to a unit owners association, owners association, or other management entity identified in the
condominium or planned community's dOCIarafion. The common areas related to the operation and
maintenance of the stormwater management system haVer been conveyed to the unit owners
association or owners assocmfion in accordance with the declaration. I have provided a copy*" of the
most recent permit, the designer's certification for each. 6MP, any recorded deed restrictions,
covenants or easements, the DWO approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past mairftenance records, and the DWO stormwater
inspectilon report evidencing compliance to the proposed permittee named in Section III of this form..
t further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or ii all required
supporting information .and attachments listed above are not Included, this request package will be
SSW HOA N/O Change Rev24Sept2012 Page 2 of 3

returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWQ unless and until the facility is. in compliance with the permit.
Si
M
gotary Public for the State of
n%cam c_0-V'-.VnC'_ , County of N_v3 �agpx , do hereby certify that
Katrina H. Redmon personally appeared before me this the
1 W"V^ day of O , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary' Signature
'Mj 0"Omr" �%V% QjCQ�ces al l\9
«.: (Notary Seal)
NOTARY �
pUB��C z
** It Is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and the processing fee (if required), should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWQ Regional Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
f �,E�ty 20�
SSW HOA N/O Change Rev24Sept2012 Page 3 of 3

DEMLR USE ONLY
to eceived
FApplicabfe
Jee4LA
er r
Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters D'Universa_ Stormwater Management Plan
❑ Other WQ M nit Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources.
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision; facility, or establishment name - should be consistent w1th project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Sunset South
2. Location of Project (street address):
located between Southern Blvd and Maryland Ave
City:Wil_in ton County:New Hanover Zip:
3. Directions to project (from nearest major intersection):
From intersectionof US421 and US 17 take '317 towards Carolina Beach Turn rigi7t onto Southern Etvd to
Jefferson Street_Pro'ect is on the left
4. Latitude:340 11' 52" N Longitude:77° 56' 33" W of the main ei;trance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): "New OModification ❑ Renewal w/ Modificationt
' tRcnezipals with inodincations also rer idms SI-VU--102 - Renewal Application Fonn
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numberSW8 030404 , its issue date (if known)August P" 2017 , and the status of
construction: ❑Not Started []Partially Completed* N Completed" *provide a designer's certification
2. St:c}Cify tl,c type of project (check one): ��
[]Low Density Niiigh Density "LJrains to an Uttsite Stormwater Sys .
3. If this application is being submitted as the result of a previously returned ap atr lto
DEMLR requesting a state stormwater management permit application, list stormwater project Aber,
if assigned, N/A and the previous name of the project, if ds gent than currently
proposed, NIA
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
"LAMA Major Sedimentation/Erosion Control: ac of Disturbed Area
LjNPDES industrial Stormwater 0404/401 Permit: proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:Aauired and closed out
5. Is the project located 1dit11in 5 ; .11.les of a public airpart7 NNo "Yes
If yes see S.L. 2012-200, Part VT., htt12 ortal.ncdenr.org/web/lr/rules-and-regulati^ -
Form SWU-101 Version Oct. ii,2013 Page 1 of

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization: ilmington Housing Authority
Signing Official & TitleXatrina Redmon, CEO
b. Contact information for person listed in item '3a above:
Street dclress:1.524 South 16f Street
City:Wilmington _ State:NC Zip:28401
Mailing Address (if applicable):NIA
0111: Static: zi
Phone: (19 0 .. ) 341-7700 Ext. 224 _ Fax: )
Email:K.redmon©wha.net
c. Please chick the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person vvhc owns the prcper�.j that the prcject is located on).
Property Owner/Urganization:i--�.
Signing Official &
b. Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:,
Phone: ( ) Fax:
Email:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:. _
Signing Official &'Title:.
b. Contact information for person listed in item 3a above:
Mailing Address:
City: State:------- p:
Phone:- Fax:
Email:
4. Local jurisdiction for building permits: New Hanover County Pevelopment Services
Point of Contact: Nicholn Gadze}�o, Director Phone #: [phone]
Form SWU-101 Version Oct. 31, 2013 Page 2 of

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff. will be treated.
Infiltration Basins
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
I� Approval of a Site Specific Development plan or PUD Approval Date:
Valid Briildlnc, Permit Issued Date: _
17 Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
Coastal SW —1995 ❑ Ph II — Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area: 28.29 acres
5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: f? acres
7. 'Total Property Area (4) —Total Coastal Wetlands Area (5) —Total Surface Water Area (6) = Total Project Area°:
28.29 acres
Total project area shall be caiculated to exchide the followinthe norinal pool of ir)ipounde f struchires, the area
between the banks of streams and rivers, the area below the Normal High Yk'ater (N ii,V) line or Mean High Water
(l�iIAV) lilid, and cowS'tiil "ti etiRlIdS hiiidfward ji-ow the NHW (oi : 11,411 line. 'fie `res .. aili t7Jert area v; -Iscii to
calctelate overall percent hfilt ltpon area (BLIA). Non-roastal wetlands landward of the NI1W(or MHW) line nla f
be included in the total project area.
3. Project percent of impervious area: (Total impervious Area 1 Toiai P rujeci .Area'i X 1.00 _ 44.40 eio
9. Hoer many drainage areas does the project have?4 (For high density, .:aunt I fir each proposed engineered
stonnalater BM11. For low densitil and other projects, rise 1 for the whole property area,)
1.0. Complete th follov ing information for each drainage area identified i31 Project Information item 9. If thcre
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
EVGIV E
DEC 1 M01?
s�
Forin SWU-101 Version Oct. 31, 2013 Page 3 of

Basin Information
DrFdna ge Area 1
Dr r ina e Area 2
Draina e Areal
Drainage Area 4
Receiving Stream Name
UT Ci Cape Dear
River
UT of Cape Fees
Diver
U f' -of Cape Fear
Rivm-
UT of Cape Fear
river
Stream Class *
SC
SC
SC
SC
Stream Index Number
CPF1718471)
CPF17 'i8-(71)
CFF1718-(71)
CPF1718-(71)
Total -Draina aArea(sf)
162,049
305,775
227,903
536,751
On -site Drainage Area (sf)
162,049
305,775
227,903
176,331
Off -site Drainage Area (sf)
0
.0
0
60,420
Proposed Impervious Area's (sf)
1 78,829
136;750
111,728
' 219,861
% Impervious Area** (total)
48.65
}t=..72. —t
49,02
40.96
Im ervious'* Surface Area
Drainage Area 1
Drainage Area 2
Drainage Area 3
Draina a .Area 4
On -site Buildings/Lots (sf)
50,983
95,250
57,500
130,000
On -site Streets (sf)
19,482
31,219
39,675
68,794
On -site Parkin (sf)
i 0
0
0
0
On -site Sidewalks (sf)
8,364
10,281
4,553
20,026
Omer on -site (so
0
0
0
0
Futtue (sf)
0
0
0
0
Off -site (sf)
0
0
0
1,041
Existing BUA*** (sf)
0
0
0
0
Total (sf):
78,.829
136,750
111,728
2.19,861
Stream, Class and Index Number can be determined at: http:l/portal.itcdcr:r.eMlzt eblivcUl�s/c^stilclassiLication
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc:
'Report only that amottnt of existing BLIA #hat zaill remain afterdevelopment. Do rot report any existing BUA that
is to be removed and which zuiil be replaced by neze BUA.
11. How was the off -site impervious area listed above determined? Provide documentation.
Survey_
Projects in Union County: Comact DEAILR Central C1 fGe staff to cheek if the pr(jeO is located ivithin a Thredwelled &
Endangered ,Spevies irater shed that may be .subject to more su-urgent stori rivater requirements as per 1 SA NC.IC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must.be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http:/ 12ortal.ncdenr.or web/wq/ws/su/bmp-manual. �
VT. SUBMITTAL REQUIREMENTS
�+4 2�
Only complete application packages will be accepted and reviewed by the isnwmwr lnergy,'% Min . 1 and
Land Resources tD'EMLIi). A complete package includes all of. the items lis below. A detailed a Iication
instruction sheet amid BMi checklists are available from ��.
httr�:////portai.ncdenr.drg web/wq/wsjsti/statesw/forins docs. The complete app ration package should be
submitted to the appropriate DEMLR Office.. (The appropriate office may be found by locating project on the
interactive online inap at http:ltportal.nedenr.org/web/wq/`ws/Su/nial2s.)
Please indicate that the following required information have 12een provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted aplslicatior<package from lath://iortal.ncdeiir.org web/-vyc/wslsu/statesw/forms docs.
Initials
1. Original and one copy of the Stormweter Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicab�Tl77��e Supplement Form(s) (sealed. signed and dated) and O&M
1.
for e-af--11 13MP.
Form SWU-10I Version Oct. 31, 2013 Page 4 of 7

4. Permit application processing fee of $505 payable is NCDENR. (For an Express review, refer to
http://www.eiivhelp.oxgLl2ages/onesftWress.htmi for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information. and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1h mile of the site boundary, include the
mile radius on the map.
7. Sealed, signed and dated calculations (one copy). _
3. Two sets of plans folded to 8.5" x 14" {sealed, signed, & dated), including: _
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSn numbers.
d. Legend.
e. North arrow.
f: Scale.
g. Revision number and dates.
h. ldentiN, ail surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the i1-II1W or NHW line of tidal
waters, and any coastal wetlands landward of Ime MI1'1'v or NHW lines.
o Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of stye-ams or rivers, and the iv�i iVv (or NHW) of tidtal waters.
L Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposers contours, sprit elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stornlwater control measures.
rn, Wetlands delineated, ors note on the flans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans,
n. existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHIMT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit ft-ir D_ EMIR to verfAj the SHWr prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: Page No:
11. For corporations and limited liability corporations (LT.C): Provide documentation from the NC
Secretary of State or other.' official documentation, ivhich supports the titles and positions held
by the persons listed in Contact information, ite n la 2a and/or 3a ner 1.5A, NCAC2H.,,003(e)
The corporation or LLC must be listed as an active corporation in good standing with the. NC
Secretary of State, otherwise the application will be returned.
htt1://www.secretary.state.nc.usiCorl2orations/CBearch.aspx
form SWU-101 Version Oct. 31, 20i3 Page 5 of

VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outpascels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded .from http://12ortal.ncdenr.orgLvNeb/Ir/state-stormwater-
forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property.
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holders) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT _NFi"?iiMATION AND AUT-IORIZATICiN
Applicant: Complete this section if you wish to designate aLIthorit_th y 0 anoer individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting F.ngineer:1. Phillip Norris, P.E.
Consulting Firm: Norris & Tunstall Consulting Engineers, P.C.
Mailing Address:1429 Ash Little River )toad
City:Ash _ _ _ State:NC Zip:28420
Phone: (910 ) 287-5900 Fax: (910 ) 287-5902
Em ail :i?norrisCaa7-itengineers.com
IX. PROPERTY OWNER AUTHORIZATION (if Coutnct Information, item 2 has been filled out, complete this
e,ection)
I, (print or type name (f person listed in Contact h!formation, item 2a) . certify that I
own the property identified in this permit application, and thus give permission to (print or type name qf person
listen in Contact Information, itein 1a) .— with (print or type name c f orgrndzation listed in
Contact.liifnrmation, item 1r1) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
CEIVE
.DEC
BYt
Form SWU-101 Version Oct. 31, 2013 ?age 6 of 7

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Cortac: Information, item 1) dissolves their company and/or cancels or defaults.on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DFMLR immediately and
submit a comnleted Narne/Ownerslhip Charge Eorrn within 30 days; otherwise I will be operating a"stormwater
treatment Icac:iity withouut a valid permit, I understand that the operation of a stormwater treatment fact' ity
without a valid permit is a violation of NC General Statue 1�'3-215.1 and srmay result in appropriate enforcement
action including ene assessment of civil penalties of up to $25,000 per day, pursuant to Ni:GS 143-215.6.
Signature: Date:
a Notary i abiic for the State of ..� Countyof
do hereby certify that _ personally appeared
before me this _clay of ,and acknow-lec+ge the due executian of the application for
a stormwater permit. Witness my hand and. official seal, _
SEAL
My commission expires IEG NC
DEC 1 �017
X. APPLICANT'S CERTIFICATION
1, (print or fr/pe. naive of person listed in Contact Information, itenn 1a) Katrina Rednion, CEO
certify that the information included on this permit application form is, to the best of my krowledge, correct and
that the project will be constructed in conformance with the approved plaits, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable storpwater rules under 15A NCAC 21H.1003 an.d any other applicable state stormwater requirements.
Date Llock z0
I, + f s J a Notary Public for the State of County of
' 44 __4_&JV do hereby certify that _�r�+Qa a a ip personally appeared
before me this day of OV and acknow dge the flue eXecuti of th pplication for
e —
a stormwater permit. Witness my hand and official seal, '
0111111 fit/
jDt/BL1�' 2
yq�VER
SEAM
My commission expires �v .- 05ic Z
Porm.SWU-101 Version. Oct. 31, 2013 Page 7 of

A&K #02282
Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater application form, an
infiltration basin supplement for each system, design calculations, soils report and plans and
specifications showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name:
Sunset South
Contact Person: Benjamin J. Quattlebaum, II Phone Number: [phone]
This worksheet applies to: Basin No. 1 in Drainage Area 1
(as identified on plan) (from Form SWU-101)
H. DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable
source of soils information. All elevations shall be in feet mean sea level (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Sand
29.4 In/hr or cf/hr/sf (circle appropriate units)
18.50 finsl (Seasonal High Water Table elevation)
2.0 inch (1.5 inch event for SA waters, I inch event for others)
15,912 c.f.
0.38s mays
40.16 ft. x 40.16 ft. = 1,613 sq. ft (bottom dimensions)
19,667 c.f.
21.0 -finsl
25.78 finsl 25 YR Event
26.00 finsl
Form SWU-103 Version 3.99 Page 1 of 3

M. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e. System is not sited on or in fill material DWQ approval has been obtained.
f. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
g. Drainage area for the device is less than 5 acres.
h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters). Design volume and infiltration calculations attached.
j. System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any oil site drainage. Calculations attached.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
m. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
or dense vegetative cover is provided
n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum
length is 50 feet for SA waters, 30 feet for other waters
o. Flow distribution mechanism within the basin is provided.
p. A benchmark is provided to determine the sediment accumulation in the pretreatment
device.
q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
r. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
Form SWU-103 Version 3.99 Page 2 of 3

IV. ,INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six -inches, and remove trash as needed.
3. After every ruiioffproducing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when
depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be
restored to the original design depth without over -excavating. Over -excavation may cause the required
water table separation to be reduced and may compromise the ability of the system to perform as
designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a
manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or
stream, etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the design depth reads 3. 5q feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the inidtration basin.
5. If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the five
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Benjamin J. Quattlebaum, Il, Executive Director
Address: P.O. Box 899 Wilmington, NC 28402
Phone:
Signature:
al n-:;a1-77nn
Date:
Note: The lega)ly responsible party should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president.
I, i!V l dAti( G J.- • ke ryi n , a Notary Public for the State of �odyNc County of
-,do hereby certify that ,e \q K I A QUlet JRe,,'gersonally appeared before me this
day of RafCt q,00 3 , and acknowledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
SEAL
Signature
commission expires
Form SWU-103 Version 3.99 Page 3 of 3
7's-2o0`f

A&K #02282
Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DM Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater application form, an
infiltration basin supplement for each system, design calculations, soils report and plans and
specifications showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name:
Sunset South
Contact Person: Benjamin J. Quattlebaum, II Phone Number: [phone]
This worksheet applies to: Basin No. 2 in Drainage Area 2
(as identified on plan) (from Form SWU-101)
H. DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable
source of soils information. All elevations shall be in feet mean sea level (fmsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Sand
29.6 In/hr or cf/hr/sf (circle appropriate units)
21.00 finsl (Seasonal High Water Table elevation)
2.0 inch (L 5 inch event for SA waters, 1 inch event for others)
28,392 c.f.
0.26 Days
60.51 ft. x 60.51 ft. = 3,662 sq. ft (bottom dimensions)
65,701 c.f.
24.00 finsl
27.12 finsl
29.00 finsl
Form SWU-103 Version 3.99 Page 1 of 3

,Ill. I&QUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
initial in the space provided to indicate the following design requirements have been ami and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e. System is not sited on or in fill material DWQ approval has been obtained.
f. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
g. Drainage area for the device is less than 5 acres.
h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters). Design volume and infiltration calculations attached.
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage. Calculations attached.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H.V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed Swale or
sediment trap is provided.
in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
or dense vegetative cover is provided
n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum
length is 50 feet for SA waters, 30 feet for other waters
o. Flow distribution mechanism within the basin is provided.
p. A benchmark is provided to determine the sediment accumulation in the pretreatment
device.
Aaq. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided).
r. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
s. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
Form SWU-103 Version 3.99 Page 2 of 3

-IV.. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six -inches, and remove trash as needed.
3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when
depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be
restored to the original design depth without over -excavating. Over -excavation may cause the required
water table separation to be reduced and may compromise the ability of the system to perform as
designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a
manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or
stream, etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the design depth reads 2 • �11 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the five
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Benjamin J. Quattlebaum, II, Executive Director
Address: P.O. Box 899 Wilmington, NC 28402
Phone:
Signature:
910-34 i -7700
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president
I, t C �i./ t Y , a Notary Public for the State of 1�01(t nCaY01 ' County of
Cut% 1n N e � ., do hereby certify that - j'1 iQ1M� 1� haXVVjpersonally appeared before me this
7o l day of yL�\ 2X3 , and acknowledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
SEAL
Signature
commission expires
Form SWU-103 Version 3.99 Page 3 of 3

A&K #02282
Permit No.
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater application form, an
infiltration basin supplement for each system, design calculations, soils report and plans and
specifications showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name:
Sunset South
Contact Person: Benjamin J. Quattlebaum, II Phone Number: [phone]
This worksheet applies to: Basin No. 3 in Drainage Area 3
(as identified on plan) (from Form SWU-101)
H. DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be
based upon an actual field investigation and soil borings. County soil maps are not an acceptable
source of soils information. All elevations shall be in feet mean sea level (finsl).
Soils Report Summary
Soil Type
Infiltration Rate
SHWT Elevation
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
Basin Elevations
Bottom Elevation
Storage Elevation
Top Elevation
Sand
24.1 In/hr or cf/hr/sf (circle appropriate units)
22.0 fmsl (Seasonal High Water Table elevation)
2.0 inch (1. S inch event for SA waters, 1 inch event for others)
22,324 c.f.
0.16 Days
81.51 ft. x
55,451 c.£
24.50 fmsl
27.36 fmsl
29.5 finsl
81.51 ft. = 6,644 sq. ft (bottom dimensions)
Form SWU-103 Version 3.99 Page 1 of 3

M. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
,� d
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e. System is not sited on or in fill material DWQ approval has been obtained.
f. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
g. Drainage area for the device is less than 5 acres.
h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch evert
for areas draining to SA waters). Design volume and infiltration calculations attached.
j•
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any oil site drainage. Calculations attached.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
or dense vegetative cover is provided
n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum
length is 50 feet for SA waters, 30 feet for other waters
o. Flow distribution mechanism within the basin is provided.
p. A benchmark is provided to determine the sediment accumulation in the pretreatment
device.
q. Runoff in excess of the design volume. bypasses off-line systems (bypass detail provided).
r.
System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days. A soils report and all
pertinent draw -down calculations are attached.
Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
Form SWU-103 Version 3.99 Page 2 of 3

Iv. INFULTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, vegetative cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maximum height of six -inches, and remove trash as needed.
3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when
depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be
restored to the original design depth without over -excavating. Over -excavation may cause the required
water table separation to be reduced and may compromise the ability of the system to perform as
designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a
manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or
stream, etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the design depth reads 2, 14 feet in the pretreatment unit, the sediment shall be
removed from both the pretreatment unit and the infiltration basin.
5. If the Division determines that the system is failing, the system will immediately be repaired to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the five
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Benjamin J. Quattlebaum, II, Executive Director
Address:
P.O. Box 899
Phone:
910-341-7700
Signature:
41
NC 28402
Date:
Note. The legally"responsible party should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president.
I, (1i ket,vi oh , a NotaryPublic for the State of Nov-1 tv, ' County of
([)Yj( j 0, do hereby certify that ^'�jkVi �Q win &�-� k;(I�kpersonally appeared before me this
J l day of 114 U YC.,K „ ?,0()3 , and acknowledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
SEAL //�9� mmission expires '7—Cj'%O�
Signature Vd4ly
Form SWU-103 Version 3.99 ' Page 3 of 3

NT# 170113
A&x #I02282
Permit No.:�i 903C74G4-
State of North Carolina (to be provIded by I)WQ)
Department ofEnvirommont and Natural Resources
Division of Water Quality
SMRMWATER.IvI-ANAOPhIEW PERM T- APPLICAMN FORM
I NFILTRA110N BASIN $UPPLEM.ENT
This, form may be photocopied fog• use as rm original ,
DW O Stomwater Masaagezx nt Plat Rcviaw.
A complete stoxmwater management plan submittal includes a stonnwater application fornx, an
infiltration Basin supplement for each systwn design calculations, soils xepoxt and plans and
specifications showing all stonmater conveyances and system details.
E PROJECT MFORUA'ITION
Project Name: Sunset South
Contact -Person: Benjarnln J. Qusitlebsum, it PhoneM nzber: [phone]
This worlcsbeet applies to: Basin No. 4 in Dzainage Area 4
_ (m Idmi€fled onplar4f -- - - Oom Form sliwor)
JI. DESIGN- MORMATION --Attach sappoorUng calculations/dooumentstion. The soils report must be
based upon an actual Bald investigation and soil borings. Cauray soil maps aw not an astable
source of soils ivy a.tion All elevations shall be in feet mean sea level (fmsl).
Sot7s Report Summary
Soil Type Sand
Inirittution Rate 35.5 (JM-x� cflhrlsf (circle appropriate units)
SHW Elevation 24.60 ` final (Seasonal ugh Water Table elevation)
t�a 1•'1
Bassin Design Parameters
Design Stozm 2.0 inch (1.5 Bich everts for ,SA waters, I inch event for others)
Design Volpme 47,124 c.f.
Drawdovm Time O • l� f Ds s
Basini)iineusians lv�G.Z$ - 1n�.ZB /Di 575 141111
Basin Size - U-.24- fb x �9 .4 -- it. = sq. ft (hoizom dimensions)
Basin VolumoPrmded c. .
III s fit?
Basin EIevations
Bou=Elcvation lue-60 fmsl
StarageEfevation f &.1z; � fmsl QQ
12jtt�f� * ��
Top Elevation 61.50 fans] .y� t� All E `i E I �'
MAR 19 2018
Form SWU-143 Version 3.99 Page I of 3 - E <
BY:, A) Fo3G-TC4

IN
%A
I L REQURZED UEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
�1+T.U. Departure:; of Env;;orutteait; health and Natural P.escurc4s, Febru4:y 1� q) and Adrninistraiive Code
Section: 15 A NCAC 2H .1008.
,initial in the space provided to indicate tha following design requirements harve been met and supporting
docurnentatioh is attached. Ifthe applicant has designated an agent in the Storrnwater Management Permit
Application Form, the agent znay initial below. Ita requirement has not been met, attach justfiicafirtn.
Applicants Initials
a. System. is Iocated 50 feet from class SA wafers and 30 feet from other surface waters.
b. Sydteam is located at Ieast 100 feet from water supply wells. .
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 foot above any bedrock or impervious soil horizon.
e. System is not sited on or in fill material DWQ approval has been obtained.
E System is located in a recorded drainage easement for the purposes of operation and
naainfenanoe and has recorded access easemmts to the nearest public right-af way.
g. drainage area for the device is less than 5 acres.
h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached
r L
Form SWE1-103
j-
System captum and iaafiltrates the runoff front the first 1.0 inch of rainfall (1.5 inch event
fir areas drai¢iaagto SA waters). Design volume and infiltration cakulations attached.
System is sized to take into account the runoff at the ultimate built -out potential from all
s►arfa= draining to the systean, includhag any off -site drainage. Calculations attached. .
k- All side slopes stabilized with 'vegetated cover are no siaepix than 3:1(II V).
1. A pretreatment device such as a catch basin, grease trap, filter strip„ grassed swale or
sediment trap is provided
rn. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
or dense vegetative, cover is provided
n.
A
P-
q.
r.
Vegetated filter is provided for overflow and detail is shomm on plans (Required minimum
length is 50 feat for SA waters, 3 0 feet fqr other Waters
l low distribution mechanism wi6nb the basin. is mvvided.
A benchmark is provided to determine the sediment accumulation in the pretreatment
davige.
Runoff in excess ofthe design volume bypasses off-line systems (bypass de%if provided).
System is designed to draw down the design storage volume to the proposed bottom
eieuatlon under seasonal high water conditions within free days_ A soils report and all
pertinent draw -down calcnlations are attached.
s. flans ensure that the fiwtafled system will meet design specifications (constructed or
restored) upoaa initial operal ion once the project is complete and the entire drainage area is
stabilized.
Version 3.99 Page 2 of 3

Z4: rOMTRATION 13A,SIN OPERATION AND 1VWMENANCE AGRBEh3FNT
l . After every runoff producing rainfall event and at least monthly inspect the infiltration system for crosion,
trasl; accumulation, vegetative cover, and general condition. -
2. Repair aroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetated cover to maintain a maxfinurn height of six -inches, and remove trash as needed.
3. A&r every runoffprodueing rainfall event and at least monthly inspect the bypass, Mow and overflow
structures for blockage and deterioration. Remove any blockage and repair the structure to approved
design specifications.
4. Remove accumulated sediment from the pretreatment systuin and infiltration basin anmrally or when
depth in the pmtrentrneait unit is reduced to 75% of the original design depth. The system shalt be
restored to the original design depth without over-oxcavating. Over -excavation may cause the required
water table separation to be reduced and may compromise the ability of the system to perfoim as
designed, Removed sediment shall be disposed of in an appropriate manner and shall not be handled iva a
maramer that vniff adversely impact water quality (i.e. stockpiling near a stor water treatment device or
stream, etc.).
A benchmark shall be established in the pretreatment unit. The benchmark will document the original
design depth so #hat accurate sediment accumulation readings can be taken. The measuring device used to
datmmine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated seditn
When the dasip depth reads in the pretreatment unit, the sediment shall be
removed h-ow both the pretreatment nulkj4hd the irfiltration basin.
S. If the, Division determines that the system is failing, the systotn will immediately be repaked to original
design specifications. If the system cannot be repaired to perfntin its design function, other storrnwatw
control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
I ac.iaxowledge and agree by my signature below that I am responsible for the pe&ri nance ofthe five .
maintenance procedures listed above. I agree to notify DWQ of any problems witli the systx= or prior to any
changes to the system or responsible party.
Print Name and Title: _Senjarnln Jufn
. Quattlebaum, Execte Director
.AAA oss: F.O. l3ox 899 Wilmington, NC 28402
Phone: 910-3'41-7700 Fate:14
�
Signatruye:
.prole: .The legc7lbYTwpoxfible p4 shouldna be a homeomt+ners avociation unless snore than 3U° o of the lots have heezr sold
and a redder# of the mUmirlon has been framed thepresidenL h , j,�
L r 11 {/�` �lL ' Vtvwl,Y, , a NotaryPub1k fDr the State of 1 Vcar t l LUW L � -n County of
d0 her&y rWtWy that eft lag, v► � .(?JgrUjc WLLWjjpersontally appeared before me this
clay of {'Mlle rCl-t and aelmowledge the due exeoution of the farpgaing in£]h'ation
basin maintetince requirements. Witnessmyhond and official seal.
SEAL.
Sigpatum
counnission expires
Form SVVU-103 Verslon 3.99 Page 3 of 3

NORRIS & TUNSTALL
0O'NSi1LTING ENGINEERS P.C.
1900 Eastwood Rd., Suite #11
Wilmington, NC 28403
[phone]
[phone] Fax
John S. Tunstall, P.E.
T. Jason 0ar3, P37
January 23, 2019
Ms. Linda Lewis, E. I.
NC DEQ
RECEIVED/NCDENOWR
JAN 2 8 2019
Water Quality Regional
Operations Section
Wilmington Regional Office
Division of Energy, Mineral and Land Resources — State Stormwater Program
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Sunset South
SW8 030404
Engineer Certification Basin #4
NT# 17043
Dear Ms. Lewis,
1429 Ash -Little River Road
Ash, NC 28420
[phone]
[phone] Fax
J. Phillip Norris, P.E.
'fliomas J. Scheetz, E.I.
We were informed by the Wilmington Housing Authority that the modification to Basin #4 had been
completed per the recent permit modification of May 11, 2018. We conducted a site inspection on
January 22, 2019 and observed that the basin was dry, has been reshaped and grassed, and the inlet
structure modified per the approval plans. We would also note that there was a rainfall event in the
early morning of January 20, 2019. As such, the basin has dried up in less than five days.
Please find attached the Attachment A — Designer's Certification which has been completed by_ me.
Please let us know if you have any questions or comments.
Sincerely,
NORRIS & TUNSTALL
CONSULTING -ENGINEERS, R.0
J. I' fillip Norris, I'. E
JP ttw
1 43 01-23-19 s sw eng cert basin 4 Itr - L. Lewis
Enclosure
cc: Katrina Redmon
Julie Shaw
Amy Wang
Jim Conlon
ECEI E
JAN 2 8 2019
aln... .
NCBELS License C-3641

�xvg,bc `J� ManagementState Stormwater anagement Permit
Permit'.-o. SW8 030404
Sunset South " ` . I%0`{3
Stormwater Permit No. SW8 030404 d, 7°
New Hanover County �, ��4
Attachment A - Designer's Certification
dov;rtiri,, as a duly registered &aw- in
the State of No; ih Catalina, having been authorized to observe (periodically/
-#?) the construction of the project,
`5av
(Project)
for (Project Owner) hereby state that; to the
best of my ab' Ities, due care a d diligence w s used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2.nf this farm are a part of this Certification.
Noted deviations from approved plans and specifications:
Sign-c
Regi:
Date
`
�'1t++t111Mr?"I
,'p,'' ,
Of f-SSIO'
A "
SEAL
r 11966 '
;moo.,� .
NGINE� 0��.`�
N
Page I of 2

State Sturnwater Management Pennit
Pennit 'No. SW8 030404
Certification Requirements
JAN 2 8 W9
The drainage area to the system contains approximately the permitted
acreage.
The drainage area to the system contains no more than the permitted
amount of built -upon area,
All the built -upon area associated with the project is graded such that the
runoff drains to the system.
The outletibypass structure elevations are per the approved plan.
The outiet/bypass structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
'Vegetated slopes are no steeper than 3: 1.
The inlets are located per the approved plans and do not cause short-
circuiting of the system.
The permitted amounts of surface area and/or volume have been
provided.
Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
The dimensions of the system, as shown on the approved plan, are
provided.
DDEQ-DEMLR Wilmington Regional Office
New Hanover County Building Inspections
Page 2 of 2

NOY/2V2007ME 04:06 PM NORRIS I= 7LWTAL
FAX Ka, 910-343-9604 P, 005
Sunsat Sowh
wh w Pannit No. S WO 0304"
Mcwamovcrcounty
Deftwes fk-x don
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Pmmmt m Me MOH
Fags 1 of 2
X lhvN ' „ as a etudyt iatet+ad is
do Sh" 0fNcdhCw0&k hsvinj bow =dwimd to owm" (p
� aic�c project
owa")
fcw UW,! (Prq=t Owm) bamby daftice, to tip Wd of
my ab�[ies, � care and tvaa ihcs abate �ifihe pcat�jc,�t can �
160So san mu mwoe dbsm td lobe; buMwldk mAntam at sa mpUmm aad mcmt afft
q*mved pkw mad Rmafieatiaos.
T!w chackw critm on par I 011wa ibamt are a part cadificasom
xCia
7 MAL
ECEIVE
DEC 19 2016
BY:
11/27/07 TUE 15:31. (TX/R8 NO 77301 Q006

NOV/27/2007ME 04.06 PM NORRIS KUSKE TUNSTAL FAX No.910-343-9604 P. 096
stm� Saa mwift r mmosgmeaR syalaw
ramift N% sw6 034+ o
E:e wfecafla a Require wts: PMP 2 of2
The Qr9MV area to tim mlam coats= appnx y She pelcbMvd sum
7U drakaV aces to the;ydoca uWahm no mars #han the peg iftd wooM of
bulll,�.
All dw Salt-apm am ammided wf$ dwpmJad is graded mch tW thcrmsaff
Ar2;m** ** eltwn.
T7 c oudKAmm drooftm obvat€am on per ffia appmed plsu.
lu mom skate i= hmated par de Approved plus.
2}a h redsispeovided cw.t a oudt o, om fit.
Allsiapee aa+a pit lion.
Veered slop= sari tea'dm3:1.
She i" star lamated per tie spp ravod ph= And do imt saema d oorw*vjW rg of
do syetaa.
1 �o permuted �vmtiar afeurfbca aces and/aar v lr�arvrt%a pa+ov�uderd.
dw:k=am aommay ondper ilea spmvedpla,
M AS>l symam bam1mv�id� a wh as a a m farms,
The5�;>afdw syabeea. as iirayvu oo appruvcviplser! rpxovideKi
lii r ill 1'_•_.+ �.-� rr..
9
11/27/07 TUE 16:31 [TXtRX NO 77301 11006

56v? 030 ¢c-)q--
a(A)-I/v 20%al- /5607
NIfC Websd11-¢-1/.
1111111111111
5FOR REGISTTRREBECCATTONC�ISTIN OF QUA.
NEW HAMM COUNTY NC
2004 APR 16 04:33:44 PM
BK:4266 PG:138-141 FEE:$20,00
INSIMT I M 0193
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS OF SUNSET SOUTH
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMI?N'I'S OF SUNSET SOUTH ("First
Amendment") made and entered into this laL` day of Ac.l , 2004 by HOUSING
AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit corporation
(hereinafta called `Declarant").
WITNESSETH:
WHEREAS, Declarant has caused to be recorded that certain Declaration of
Covenants, Conditions, Restrictions and Easements of Sunset South in Book 4253, at Page 669
in the office of the Register of Deeds of New Hanover County, North Carolina, and rerecorded in
Book 4260, at Page 742 in the office of the Register of Deeds of New Hanover County, North
Carolina-. and
WHEREAS, pursuant to Section 2 of Article XVII of the Declaration, the
Declarant may unilaterally amend the Declaration for any Purpose; and
WHEREAS, Declarant desires to reduce the initial assessment for each Lot,
change certain provisions in the Declaration providing for the construction of fences on Lots, and
otherwise amend the Declaration as provided herein.
NOW, THEREFORE, Declarant acting Pursuant to the provisions of Section 2 of
Article XVII of the Declaration, does hereby amend the Declaration as follows:
PVRXU d by WARD AND SWM P.A., 127 Racine Drive, Wilmington, NC 29406.7069
Please return to WARD AND SWM P.A., PO Box 7068, Wilmington, NC 2UN-7069
Attention: Henry W. Ger+ock, III

the following:
I. Article XI, Section 10 is hereby deleted in its entirety and replaced with
i�io fence shall be erected on any Lot nearer the front property or lot line than the
front comers of the dwelling erected on said Lot, and all fences erected on Lots
shall not exceed six (6) feet in height and shall be constructed of wood in a
manner and design consistent with guidelines promulgated from by the
Committee. No fence or structure of any kind shall be placed within utility and
drainage easements shown on the Map or upon any Stormwater Management
Facility except as permitted by the Permit.
2. Article IV, Section 1(b) is hereby amended as follows: The initial
assessment for each Lot is One Hundred Eighty and N6/100 Dollars ($180.00) per year.
IN TESTIMONY WHEREOF, Declarant has caused this First Amendment to be
executed in such form as to be binding, by authority duly given, this the day and year first
written above.
HOUSING AND ECONOMIC
OPPORTUNI'MS, INC., a North Carolina nonprofit
corporation

STATE OF NORTH CAROLINA
COUNTY OF No 4,o^ose.r
I, a cu-" 0, . scyMw.k , a Notary Public in and
for said County and State, do hereby certify that BENJAMIN L QUATTLEBAUM, II personally
came before me this day and acknowledged that he is President of HOUSING AND
ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit corporation, and that he, as
President being authorized to do so, executed the foregoing on behalf of the corporation.
W rMESS my hand and official seal, this the 1a iay of _ P4c % 1 , 20M.
VX01.— G. sck.a---�
Notary Public
My Commission Expires:
of V kx%'�A
8, —a
ssa,.■■..•.y psi
t40TARy i
a • •
Notary seat or stamp must appear within this box.
021074-0004-001
WLMAIM107316 I

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
##fNiNfA#f #iiRNN#fi####ifY###A#RN#NiiNi i#fN# #Ni#iii#i#fff #Ni#A#Ni##iliiR##N# i##f NiiRN#Ni ##Ni#Ni####N#N
Filed For Registration:
Book:
Document No..
Recorder:
04/1812004 04:33:44 PM
RE 4280 Page: 138-141
2004019268
DECL 4 PGS $20.00
ANDREA FULFORD
iAii##Nf##iilAf!#AAAii ANif#iANAANiiAiilf iAif NAN##NlIAAAANAN#N#NNii###!#iNAAA#!Ni# fNflNf ANAANNIf f RIARi
State of North Carolina, County of New Hanover
The foregoing certificate of KAREN A SCHRAML Notary is certified to be correct. This 16TH of April 2004
REBECIC T. CHRISTiuw'ri , REGISTER OF DEEDS
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004019268*
2004019268

FOR RE6ISTRRTION RECOGISTER OF DEEDS
p N KgNNWER CIlROITYIRNC
2004 MRR 30 01:13: 16 PM
1
BK:4253 PG:668-698 FEE: M.00
IDS
IIii K 12NNI
FOR REGESTRRTIOh REGISTER OF DEEDS
NEW HAE�OUER C�OiNEyTY NC
20H NPR 0211:19: i5 AM
BK:4260 PG:742-774 FEE3105.00
I11KN1 11001691
(re r¢ccrcled
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
SUNSET SOUTH
rreparea oy ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Attention: W. Daniel Martin, III
REYURNED Tb � nj

screened with fencing (or otherwise) that shall be approved by Declarant or the Commit`".
Animals, when not housed, shall be on a leash at all times.
(9) 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 yards of the Owner's neighbors. The front yard areas of all Lots shall
be generally smoothed and sodded at all street fronts. There shall be no mass clearing or
stripping of trees from any Lot without the prior written consent of the Declarant or the
Committee.
(10) 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 erected on any Lot shall
not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition.
No fence or structure of any kind shall be placed within utility and drainage easements shown on
the Map or upon any Stormwater Management Facility except as permitted by the Permit.
(11) No boat, motor -oat, 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 for the 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.
(12) Any and all erosion from a Lot occurring as the result of any construction
on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the
occupancy of said dwelling by the Owner of the Lot or as required by any applicable law,
regulation, rule or ordinance.
(13) The maximum allowable "built -upon area" on any Lot in the Subdivision
is 2,500 square feet. "Built -Upon Area" includes any area constructed within the Lot property
boundaries and that portion of the right-of-way between the front lot line and the edge of the
pavement. "Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools. All runoff from the Built -Upon Area on all Lots must drain into the
permitted Stormwater Management Facilities. This may be accomplished through providing roof
drain gutters which drain to the streets, grading the Lots to drain toward the streets or grading
perimeter swales to collect Lot runoff and directing them into the Stormwater Management
Facilities or into the streets. Lots that will naturally drain into the Stormwater Management
Facilities are not required to provide these additional measures. The covenants set forth in this
Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8030404 as issued by the Division of Water Quality under NCAC 2H.1000 and
any amendments, additions or replacements thereof, or any such permit obtained by Declarant
15

and relating to property annexed into the Subdivision by Declarant as provided herein (the
"Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this
Paragraph (13) to the extent necessary to maintain compliance with the Permit. The covenants
set forth in this Paragraph (13) pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved stormwater plan for the Subdivision may not take
place without the concurrence of the State.
(14) 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 Association, 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 Map, 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.
(15) 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 15
notwithstanding, all such culverts or drain pipes shall comply with the Permit.
(16) 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.
(17) No signs of any type or description shall be placed on or displayed on a
Lot or the improvements thereon except signs advertising the property as being for sale, which
signs shall not exceed six (6) square feet in size.
16

e FOR REGI REBECGA MTIT. ON CHRREGISTERISTIAN OF DEEDS
COUNTY. NC
2904 PIR30 01:13:16 PM
9K:426� 9.69-6% FEE:S101.N
ICM 12NOI 61@
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
OF
SUNSET SOUTH
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Attention: W. Daniel Martin, III
ROURKS
.�_l0� - 0� ���

This DECLARATION OF COVENANTS, CONI)rIIO*:S, RES'YRICTIONS
AND EASEMENTS OF SUNSET SOUTH ("Declaration"), a subdivision located in New
Hanover County, North Carolina, made and entered into as of the day of March, 2004, by
and among HOUSING AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit
corporation (hereinafter called "Declarant"); WACHOVIA BANK, NATIONAL
ASSOCIATION, a national banking association (hereinafter called "Lender"); and ALL
PROSPECTIVE PURCHASERS OR OWNERS of Lots as shown on the map of "Sunset South"
recorded in the New Hanover County Register of Deeds Office;
WITNESSETH:
WHEREAS, Declarant is the owner of all the Lots and Common Elements and
streets shown on the map of Sunset South recorded in Map Book _, at Page _ in the office
of the Register of Deeds of New Hanover County (herein referred to as "the Map");
WHEREAS, Declarant, desires to submit the Lots and Common Elements,
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 Elements to the end that the Lots and Common Elements shall be held subject to the
Act and said Restrictions;
NOW, THEREFORE, Declarant does hereby declare that the Restrictions contained
herein shall run with the Lots and Common Elements described herein; shall be a burden on and
a benefit to such Lots and Common Elements; 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.
I.
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 of property designated on the Map as
"RESERVED FOR FUTURE DEVELOPMENT" which Declarant may submit to this
Declaration and to the jurisdiction of the Association pursuant Article XIII hereof.
(2) Articles" means the Articles of incorporation of Sunset South Owners
Association.

screened with fencing (or otherwise) that shall be approved by Declarant or the Coinwittee.
Animals, when not housed, shall be on a leash at all times.
(9) 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 keenine with the vards of the Owner's neighbors. The front yard areas of all Lots shall
be generally smoothed and sodded at all street fronts. There shall be no mass clearing or
stripping of trees from any Lot without the prior written consent of the Declarant or the
Committee.
(10) 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 erected on any Lot shall
not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition.
No fence or structure of any kind shall be placed within utility and drainage easements shown on
the Map or upon any Stormwater Management Facility except as permitted by the Permit.
(11) 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 for the 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.
(12) Any and all erosion from a Lot occurring as the result of any construction
on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the
occupancy of said dwelling by the Owner of the Lot or as required by any applicable law,
regulation, rule or ordinance.
(13) The maximum allowable "built -upon area" on any Lut in the Subdivision
is 2,500 square feet. "Built -Upon Area" includes any area constructed within the Lot property
boundaries and that portion of the right-of-way between the front lot line and the edge of the
pavement. "Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools. All runoff from the Built -Upon Area on all Lots must drain into the
permitted Stormwater Management Facilities. This may be accomplished through providing roof
drain gutters which drain to the streets, grading the Lots to drain toward the streets or grading
perimeter swales to collect Lot runoff and directing them into the Stormwater Management
Facilities or into the streets. Lots that will naturally drain into the Stormwater Management
Facilities are not required to provide these additional measures. The covenants set forth in this
Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8030404 as issued by the Division of Water Quality under NCAC 2H.1000 and
any amendments, additions or replacements thereof, or any such permit obtained by Declarant
15

and relating to property annexed into the Subdivision by Declarant as provided herein (the
"Permit"). The State of North Carolina is made a beneficiary of the covenants set forth in this
Paragraph (13) to the extent necessary to maintain compliance with the Permit. The covenants
set forth in this Paragraph (13) pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved stormwater plan for the Subdivision may not take
place without the concurrence of the State.
(14) 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 Association, 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 Map, 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.
(15) 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 axommodate the flow of surface k pater it 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 15
notwithstanding, all such culverts or drain pipes shall comply with the Permit.
(16) Motor vehicles without current and valid licenses and inspections shall not
be permitted to remain on any !At 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.
(17) No signs of any type or description shall be placed on or displayed on a
Lot or the improvements thereon except signs advertising the property as being for sale, which
signs shall not exceed six (6) square feet in size.
16

4/1 `
jV \
FOR RE6ISTRATION REGISTER OF DEEDS
REWMA T. CMtISTIM
WU HANOVER COUNTY, NC
2004 MR 30 01:19:16 PIS
�1
1
B(:4253 PG:668-699 FEE:S101.00
IDS
17191 WIN
FOR REGIS?RRTtION REGISTER OF DEEDS
NEW KVMER STY I NC
2004 APR 12 %J9:45 m
RKA260 PG:741-774 FE:s1@5.o0
DECLARATION OF COVENANTS, CONDMONS, RESTRICTIONS AND EASEMENTS
OF
SUNSET SOUTH
RECEIVED
AUG 02 1011
sv:
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Attention: W. Daniel Martin, III
6

TABLE OF CONTENTS
I. Definitions........................................................................................ ....... I
............................
H. Association - General Purposes, Membership and Voting .................
III. Management and Administration of Subdivision ...................... .........4
.................................
IV. Assessments for Common Expenses .............................................
V. Special Assessments..............................................................
VI. Lien for Assessments..........................................................................................................8
VII. Compliance With Association Documents ................................................... ..._8
VIII. Property Rights of Lot Owners, Cross -Easements, and Exceptions ..................... .......9
IX. Architectural Committee and Architectural Restrictions .............................. ...............10
X. Insurance............................................................................................................................12
XI. Restrictions on Use and Occupancy..................................................................................14
XII. Special Declarant Rights...............................................................................................17
XIII.,, Development of Subdivision.............................................................................................18
�IV. Transfer of Pehtiit and Responsibilities.......................................................
XV. Waiver...............................................................................................................................19
XVI. Variances...........................................................................................................................20
XVII. Duration, Amendment and Termination ................ ......................20
......................................
XVIII. Common Elements: Private .......................................... .......21
.............................................
XIX. Acceptance............................................................... .
XX. Captions...........................................................................................................................21
XXI. Notice ...................... .

XXII. Bearing Procedure ....................................................
XXIH- Liberal Construction ..............
XXIV. Joinder of Lender..........

This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS OF SUNSET SOUTH ("Declaration"), a subdivision located in New
Hanover County, North Carolina, made and entered into as of the Je day of March, 2004, by
and among HOUSING AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit
corporation (hereinafter called "Declarant"); WACHOVIA BANK, NATIONAL
ASSOCIATION, a national banking association (hereinafter called "Lender"); and ALL
PROSPECTIVE PURCHASERS OR OWNERS of Lots as shown on the map of "Sunset South"
recorded in the New Hanover County Register of Deeds Office;
WITNESSETH:
WHEREAS, Declarant is the owner of all the Lots and Common Elements and
streets shown on the map of Sunset South recorded in Map Book -1-6, at Page join the office .
of the Register of Deeds of New Hanover County (herein referred to as "the Map");
WHEREAS, Declarant, desires to submit the Lots and Common Elements,
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 Elements to the end that the Lots and Common Elements shall be held subject to the
Act and said Restrictions;
NOW, THEREFORE, Declarant does hereby declare that the Restrictions contained
herein shall run with the Lots and Common Elements described herein; shall be a burden on and
a benefit to such Lots and Common Elements; 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.
I.
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 of property designated on the Map as
RESERVED FOR FUTURE DEVELOPMENT" which Declarant may submit to this
Declaration and to the jurisdiction of the Association pursuant Article XIII hereof.
Association. (2) Articles" means the Articles of Incorporation of Sunset South Owners

assigns. (3) "Association" means Sunset South Owners Association, its successors and
(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 Sunset South Owners Association.
(6) "Common Elements" means all real property (including the improvements
thereon), interests 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 Elements
are subject to those easements and restrictions set forth in this Declaration.
(7) "Common Expenses" means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves.
(8) "Declarant" means Housing and Economic Opportunities, Inc., its
successors and assigns.
(9) "Declaration" means this Declaration of Sunset Soutar 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) March 31, 2015 or (ii) the date specified by Declarant in a written notice to the Association
that the Development Period is to terminate on that date.
01) "Dwelling" means the primary residential structure located on a Lot built
in accordance with the requirements of this Declaration.
(12) "Eligible Mortgage Holder" means the holder of a rust 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.
Association. (13) "Executive Board" means the Executive Board of Sunset South Owners
the Map. (14) "Lot" means those separately numbered and designated parcels shown on
0 5) "Owner" means the record Owner, 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.
2

(16) "Permit" shall mean the North Carolina State Stormwater Management
Permit Number SW 8030404 and any amendments, additions or replacements thereof, or any
such permit obtained by Declarant.
(17) "Person" means a natural person, a corporation, business trust, estate,
trust, partnership, association, joint venture, Iimited liability company or other legal or
commercial entity.
(18) "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 improvements located in the Subdivision constructed
pursuant to the Permit.
(19) "Subdivision" means all of the property defined herein as Lots and
Common Elements.
(20) 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 in N.C.G.S. 47FR1-103.
H.
Association - General Purposes Membership and Voting
(1) An association named Sunset South Owners Association has been 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 the Common Elements
and facilities located upon the Common Elements, 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 enforce the
Restrictions contained herein; and to make and enforce rules and regulations governing the
Owners' use and occupancy of Lots and Common Elements. 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 effect 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 Elements or on individually owned Lots.
(2) To fulfill the general purposes of the Association as set forth herein, in the
other Association Documents, and in the Act, the Association shall have all the powers set forth
in the Act and the North Carolina Nonprofit Corporation Act and any other specific powers
enumerated and set forth in the Association Documents.
3

(3) Declarant, by this Declaration, and the Owners of inn ivid,val Ws' by the;
acceptance of individual deeds thereto, covenant and agree with respect to the Association:
(A) that each is a member of the Associations (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 CIass 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 shali be Declarant. Class B member shall be
entitled to three (3) 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, 2010; or (ii) when the total votes outstanding in the
Class A membership equal or exceed the total votes outstanding in the Class B membership.
Management and Administration of Subdivision
The As=izdon shall be frilly responsible for the maintenance, management and
operation of the Common Elements and the Subdivision entrance signs, street ligbps, Stormwater
Management Facilities, drainage pipes and drainage outlets, roads (until ace-e-pt d for
mfainteraance by a governmental entity) and other improvements and amenities in the Subdivision
owned by the Association. The Association shall also be responsible for maintenance of
Landscaping installed within the right of way of the Subdivision streets between the edge of the
paved street and the boundary line of each Lot. The management shall be carried, out in
accordance with the terms and conditions of the Association Documents, but may be delegated
or contracted to managers o 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 any time after the termination of the Class B membership upon ninety (90) days
advance notice.
4

IV.
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 attomeys' fees, subject to the provisions of Section (7) of this Article, 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 monthly. The
initial assessment for each Lot is Three Hundred Sixty and No/100 Dollars ($360.00) per year.
(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 Elements 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 by Section 4.5(n) of 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.
5

(b) The 1GxeCII1f VP. R(IgSY�1 i» y�t�Isli.°aiiiiiS, U , ft1L M41 1�udgeL, 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 Elements 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 Elements 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 Elements
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 Elements.
(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 Assmiarion 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 Elements,
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.
rate. (3) Except as herein provided, assessments for Lots shall be fixed at a uniform
(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, but not greater than the rate permitted by the
Act, 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
6

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 Owners and
the improvement and maintenance of the Common Elements 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 forth whether 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 lieu 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 Lot,
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
shall be an advance payment of regular assessments.
V.
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 be provided otherwise 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 tide 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.
7

(2) The Association shalt; upon r�P**�,—And, 'nd fora zcasorable -I- - --ge, 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 Association as to the
status of special assessments on a Lot is binding upon the Association as of the date of its
issuance.
Vl.
Lien for Assessments
Any assessment, together wifli 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 such assessment is due, the Association may record notice of the same in the Office of
the Clerk of Superior Court of New Hanover 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.
VIL
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/ such other and further
relief as may be just and a!" ropriate including all rights and powers enumerated in the Act.
(2) The Association, in addition to any other rights and remedies set forth in
the Act and 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 Hearing Procedure contained in this Declaration.
However, notwithstanding any other provisions in the Declaration to the contrary, the
Association, acting through its Executive Board may enforce any provision and regulations of
8

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. Additionally, the
Board may elect to enforce any provision of the Association Documents without complying with
the Hearing Procedure 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 fords for the Association.
(3) Except as set forth in (2) above, the Executive Board shall not impose a
fine or penalty, other than reasonable charges for late payment of assessments, undertake
permitted remedial action, suspend voting or infringe upon other rights of an Owner or other
occupant of a Lot for violations of the Association Documents without compliance with the
Hearing Procedure 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.
VIII.
RMgy 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 Elements for each and every
purpose or use for which such Common Elements were intended as determined by their type or
for which such Common Elements generally are used, subject to the limitations and provisions
contained herein, together with a non-exclusive perpetual easement over these areas designated
as "IY ACCESS EASEMENT" to access certain portions of the Common Elements. Such
easements and rights shall be appurtenant to and shall pass with the 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.
Z

(b) The Association shall have the right, upon compliance with the
Hearing Procedure contained in this Declaration, to suspend the rights of an Owner to utilize the
Common Elements and the improvements thereon during any period in which any assessment
against such Owner's Lot remains unpaid, and for a 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 Elements and facilities to the members of his family and guests.
(3) Easements for the installation and maintenance of utilities and drainage
facilities as shown on the Map 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 may 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 structures, fences, Landscaping or
other materials in the easement areas if it determines thev would adversely affect the drama or
utilities of the Subdivision.
"
Architectural Committee and Architectural Restrictions
(1) There hereby is constituted Sunset South 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 Hoard.
(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 Elements and before any alteration (including
painting) of the exterior portion of any structure located upon the Lots or the Common Elements
and before any alteration of the surface of any Lot or area appurtenant to any Lot including, but
10

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. 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 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 XXI 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
11

deems appropriate from time to time the review of plans and inspections which are nor
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.
X.
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 Elements, including personal
property of the Association. The insurance, if reasonably available, shall cover at least ninety
percent (90%) 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. 'Me
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 necessary.
Any such policy shall require the insurer to notify the Association in writing at least sixty
(60) days prior to 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 Elements 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 Elements, 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 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 Officers Liability Insurance in an amount not less than One Million
Dollars ($1,000,000.00), 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.
12

(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 Sections (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) Any loss covered by the insurance maintained by the Association under
Section (1) of this Article shall be adjusted with the Association; provided, however, all
insurance proceeds for that loss are payable to any insurance trustee designated for that purpose,
or otherwise to the Association, and not to any mortgagee or beneficiary under a deed of trust.
The insurance trustee or the Association shall hold any insurance proceeds in trust for the Lot
Owners and their respective mortgagees as their interests may appear. Such proceeds shall be
distributed and utilized as provided in the Act.
(7) 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.
(8) If any Dwelling located on 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.
(9) 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 V 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.
13

XI.
Restrictions on Use and Occupancy
(1) All Lots shall be used for single family residential purposes only and no
dwelling shall be erected on any Lot other than one detached single family dwelling not to
exceed two and one-half stories in height, a one, two, or three car garage, and appurtenant
accessory buildings or structures as may be approved by the Committee. No permitted garage or
accessory building 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 wood,
stone, brick, brick veneer, stucco, masonite, or vinyl siding. Any other materials must be
approved by Declarant or the Committee.
(2) No building shall be erected nearer to the front lot line, or side lot line, or
rear lot line than the setback lines shown or noted on the Map.
(3) No dwelling erected on any Lot shown on the Map shall have less than
1100 square feet of enclosed dwelling area. The term "enclosed dwelling anew" 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.
(4) No Lot shall be re -subdivided.
(5) 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 Association at the Lot Owner's expense.
(6) Owner covenants that it will use, enjoy and occupy the dwelling on the
Lot as Owner`s primary and principal residence for Owner and his family. Owner shall not rent
or lease the dwelling and Lot or permit the dwelling and i of to be occupied by persons other
than Owner and his family members under any oral or written agreement.
(7) 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 ninety (90) days from date of such casualty.
(8) 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
14

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.
(9) 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 yards of the Owner's neighbors. The front yard areas of all Lots shall
be generally smoothed and sodded at all street fronts. There shall be no mass clearing or
stripping of trees from any Lot without the prior written consent of the Declarant or the
Committee.
(10) 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 erected on any Lot shall
not exceed four (4) feet in height and shall be constructed of wood or "PVC" type composition.
No fence or structure of any kind shall be placed within utility and drainage easements shown on
the Map or upon any Stormwater Management Facility except as permitted by the Permit.
(11) 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 for the 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.
(12) Any and all erosion from a Lot occurring as the result of any construction
on said Lot must stabilized and controlled as described hereinabove within sixty (60) days of the
occupancy of said dwelling by the Owner of the Lot or as required by any applicable law,
regulation, rule or ordinance.
0 3) The maximum allowable "built -upon area" on any Lot in the Subdivision
is 2,500 square feet. "Built -Upon Area" includes any area constructed within the Lot property
boundaries and that portion of the right-of-way between the front lot line and the edge of the
pavement. "Built -Upon Area" includes, but is not limited to, structures, asphalt, concrete, gravel,
brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools. All runoff from the Built -Upon Area on all Lots must drain into the
permitted Stormwater Management Facilities. This may be accomplished through providing roof
drain gutters which drain to the streets, grading the Lots to drain toward the streets or grading
perimeter swales to collect Lot runoff and directing them into the Stormwater Management
Facilities or into the streets. Lots that will naturally drain into the Stormwater Management
Facilities are not required to provide these additional measures. The covenants set forth in this
Paragraph (13) are intended to ensure ongoing compliance with State Stormwater Management
Permit No. SW8030404 as issued by the Division of Water Quality under NCAC 2H.1000 and
any amendments, additions or replacements thereof, or any such permit obtained by Declarant
15

and relating to property annexed into the Subdivision by Declarant a„c ;✓ro;, � hereir,
B(utc
Permit ). The State of North Carolina is made a beneficiary of the covenants set forth in this
Paragraph (13) to the extent necessary to maintain compliance with the pennit. The covenants
set forth in this Paragraph (13) pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality. Alteration
of the drainage as shown on the approved stormwater plan for the Subdivision may not take
place without the concurrence of the State.
(14) 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 Association, Declarant shall have no responsibility for maintaining any drainage easements
or Stormwater Management Facilitics 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 Map, 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.
(1 S) 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 swalc 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 15
notwithstanding, all such culverts or drain pipes shall comply with the Permit.
(16) 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.
(17) No signs of any type or description "be placed on or displayed on a
Lot or the improvements thereon except signs advertising the property as being for sale, which
signs shall not exceed six (6) square feet in size.
16

XII.
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, and drainage and utility
easements existing in the Subdivision and/or shown on the Map. 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) The right to appoint the Committee as set forth in Article IX(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.
17

Development of Subdivision
(1) Declarant hereby reserves an option to expand the Subdivision from time
to time without the consent of any Owner or Eligible Mortgage Holder by submitting all or any
portion of the Additional Property to the provisions 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 prior thereto 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 such portion of the Additional Property to such covenants,
restrictions and conditions as may be necessary, in the discretion of the Declarant, to reflect the
different characteristics of the development of such portion of the Additional Property.
(2) Declarant shall record in the office of the Register of Deeds of New
Hanover County one or more amendments to the Declaration submitting such portion of the
Additional Property described therein to this Declaration and to the jurisdiction of the
Association. Each amendment shall include a legally suf lcient description of the real estate
added and each recorded plat 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, modification 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; 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 plats shall be
recorded showing such Additional Property being submitted, describing any real estate being
conveyed to the Association as Common Elements and showing any new hots.
1.3w
Transfer of Permit and Responsibilities
The Declarant shall, at its sole cost and expense, initially construct all Stormwater
Management Facilities required to be located upon the Common Elements and the IA& to the
standards required by the Permit. Upon completion of the initial construction of said Stormwater
Management Facilities, Declarant shall transfer the Permit and Declarant's responsibilities under
the Permit to the Association and the Association shall accept such transfers. Transfer of any
such Permit shall occur upon the earlier to occur of (i) the date the North Carolina Department of
Environment and Natural Resources allows the transfer of the Permit to occur; or, (u) the date
after which at least fifty percent (50%) of the lots therein are conveyed to Owners other than
Declarant.
18

Prior to any such transfer of the Permit, the Stormwater Management Facilities
shall be certified to the Association and the State of North Carolina, either by state inspection or
by a licensed engineer, as being in compliance with the applicable Permit prior to such
assignment or transfer.
The Association shall indemnify and hold Declarant harmless from any loss, cost,
claim, fee, fine, suit, damage or expense, including reasonable attorneys' fees, incurred by
Declarant in the defense of any action against Declarant as the responsible party under the Permit
from and after the date Declarant tenders transfer of its responsibilities under the Permit. The
Association shall indemnify and hold Declarant harmless from any loss, cost, claim, fee, fine,
suit, damage or expense, including reasonable attorneys' fees, incurred by Declarant in the
defense of any action against Declarant as holder of the Permit from and after the date Declarant
tenders transfer of the Permit to the Association following the approval of such transfer by the
North Carolina Department of Environment and Natural Resources and the certification of
compliance as set forth above. Further, Declarant may bring an action for specific performance
of the obligations of the Association pursuant to this paragraph.
From and after the transfer of Declarant's responsibilities under the Permit
applicable to the property annexed into the Subdivision and from and after transfer of the Permit
from the Declarant to the Association, the oversight, supervision, management and
administration of the Permit shall be the sole responsibility of the Association. The Association's
duties with respect to the Permit shall be carried out in accordance with the terms and conditions
of this Declaration, the Articles, the Bylaws, and the Permit.
The Association hereby is granted and conveyed an easement over, under and
upon each Lot for the purpose of access to and inspection, maintenance, repair and replacement
of all Stormwater Management Facilities and to enforce all requirements of the Permit. In the
event the Declarant annexes additional property into the Subdivision and transfers the applicable
Permit and Declarant's responsibilities under the Permit to the Association, the Association shall
have, and hereby is granted and conveyed, an easement over; under and upon each annexed Lot
for the purpose of access to and inspection, maintenance, repair and replacement of all
Stormwater Management Facilities located upon such additional property and to enforce all
requirements of the Permit.
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.
19

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.
XVII.
Duration. Amendment and 'Termination
(1) The Restrictions contained in this Declaration shall run with and bind the
Lots and Common Elements until March 31, 2024, 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 signal 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 Elements;
(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 acid to the obligations of the Declarant unless
the Declarant executes the instrument.
To be effective any amendment must be recorded in the New Hanover 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 no way affect any other provision of these Restrictions which shall remain in full force and
effect.
(4) This Declaration and the Sunset South planned community may be
terminated only by written agreement signed by Owners of Lots to which at least eighty percent
(80%) of the votes in the Association are allocated. Any such termination shall be in accordance
with the provisions of N.C. Gen. Stat. § 47F 2-118.

XVIH.
Common Elements: Private
(1) All Common Elements 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 Elements. An easement for the use and enjoyment of each
of the areas designated as Common Elements is reserved by the Declarant, its successors and
assigns.
(2) All Common Elements 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.
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 successors 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.
�I
C!Vtions
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
21

the feminine; the feminine to include the masculine and the renter irr,liidc is mas ;a"e and
feminine.
XXL
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
nondelivery 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.
♦ 40
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 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 allegcxi violator specify+ng (i) the alleged violation; (iii) 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 nne_ nr n
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 any time within twelve (12) months frollowing 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 in executive 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
22

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, 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 the
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.
(5) Sanction as Assessment. Pursuant to the provisions of this Section, a fine
may be imposed by the Association is 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 as set forth in North Carolina General Statutes Section 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.
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
Elements 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.
23

Joinder of Lender
Lender joins in the execution of this Declaration to consent to the terms of the
same and subordinate the lien of the deed of trust held by Lender and recorded in Book 4144, at
Page 360 to the provisions of this Declaration.
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.
HOUSING AND ECONOMIC
OPPORTUNITIES, INC.
a North Carolina nonprofit corporation
TRSTE, INC.
r
By:
President
WACHOVIA BANK, NATIONAL
ASSOCIATION, Lender
By:w r ��
4 President
24

STATE OF NORTH CAROLINA
COUNTY OF t\e+ t�c.3ec
1, Y\G11;L~t t\
a Notary Public in and
for said County and State, do hereby certify that 'Y���,q S. personally
came before me this day and acknowledged that he is President of HOUSING AND
ECONOMIC OPPORTUNITIES, INC., a corporation, and that he, as President being authorized
to do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and official seal, this the a`i` day of ly*u h , 2004.
My Commission Expires:
�•� yi'yoD�i
��atN„tlpM,�
A ` 8Cy yam°
NQTI%P
c Z � � rrr.• i
A
Notary seal or stamp must appear within above box.
1,
C%. � \n"C' —R
Notary Public

STATE OF NORTH CAf tOIJNA
COUNTY OF kke IPAMM
Dim (I jut jLrmm , a Notary Public in and
for said County and State, do hereby certify that D. S v personally
i
came beforeKsident
is day and acknowledged that he sident of TRSTE, INC., a corporation,
and that he, being authorized to do so, executed the foregoing on behalf of the
corporation.
WITNESS my hand and official seal, this the L4 day of j"+QK h .2004.
i
916- Notary
My Commission Expires:
OC70BER 06, 2008
Notary seat or stamp must appear within above box.
26

STATE OF NORTH CA OLINA
COUNTY OF Mf
`c0,6A M
I, !.JGiV►1 � - r-erraft) , a Notary Public in and
for said County and State, do hereby certify that M h,.ID. S1C.'0&--personally
came before me this day and acknowledged that he i resi t of WACHOVIA BANK,
NATIONAL ASSOCIATION, a corporation, and that he, aresident being authorized to do so,
executed the foregoing on behalf of the corporation. (-
WITNESS my hand and official seal, this the day of r'Lh 2004.
f Notary Public
My Commission Expires: 1l i
w Comm" EXP1W
nCir7aEA a& gas
Notary seal or stamp must appear within above box.
11L F '•�
021074-0004-001
WLMAU-M452511
27

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
ifiblkiRidliid�liiR!litMAliiiiiiiiiiilii'y!li6liidiiiiliilAll049itr5`e0044.1iiiiAOpORACOiilkiiCiii4RQiiG04MifdiAhfsrliAllifi!!
Filed For Registration:
Book:
Document No.:
Recorder.
03I3=04 01:13:16 PM
RE 4263 Page: 068E-698
2004015610
DECL 31 PGS $101.00
LIESEL WARD
tfikiiiifiilkfif#itiiiiiliilFrti#itiiiiiNfRi/illiiiiillflY!lliifMli/iMilf liM�liiii Ntliiiifllif iiAfMif iiMlffiif fflfRiiMli
State of North Carolina. County of New Hanover
The foregoing certificate of KAREN A SCHRAML o DAVID M FERRARO Notaries are certified to be correct. This
30TH of March 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By: Aaal"11
Deputy/Aselefaet Register of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004015610*
2004015610

EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S)
MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED
RE: BOOK: 4253,
PAGES: 668-698
RECORDED IN THE NEW HANOVER COUNTY REGISTRY
NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
DECLARANT: HOUSING AND ECONOMIC OPPORTUNITIES, INC.
LENDER: WACHOVIA BANK, NATIONAL ASSOCIATION
TRUSTEE: TRSTE, INC.
STATE OF NORTH CAROLINA
COUNTY.OF NEW HANOVER
I, W. Daniel Martin, the undersigned attorney, hereby certify that I drafted the instrument
described above and that the following corrections are made in the above -named recorded
instrument in accordance with the provisions of N.C. Gen. Stat. § 47-36.1 ratified June 30, 1986.
DESCRIPTION OF CORRECTION (S): The fast page of the body of the
document (recorded in Book 4253 at page 671) has been corrected by inserting
the date of the document, March 30, 2004, and by inserting the Map Book and
Page number for the map of Sunset South, which was recorded in Map Book 45 at
page 359.
This the 1st day of April, 2004.
By:
Martin (Attorney
This explanation statement together with the attached instrument is duly recorded at
o'clock .M., this the day of April, 2004 in the Book and Page shown on the first
page hereof.
REGISTER OF DEEDS
By:

r e
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
RAMARAlii#RAARAAdddAIAIARA#AA#dAA##MM►##M#A#1MAAdAAAA#AdAAdddd#d#AOAIY#AAAAWAddAAA##d##AAddAAAdAddRAll#1YAAid#AAA#IARAA
Filed For Registration: 0410212MK 11!19:45 AM
Book: RE 4260 Page: 742-774
Document No.: 2004016564
REREC DECL 33 PGS $105.00
Recorder. LIESEL WARD
State of North Carolina, County of New Hanover
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
DepIster of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004016564*
2004016564