SW8000647_Historical File_20120727

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
July 27, 2012
Jon T. Vincent
Carmar Park Association
1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Subject: Permit Modification and Name/Ownership Change
State Stormwater Management Permit No. SW8 000647
Carmar Park
High Density Subdivision Wet Pond Project
New Hanover County
Dear Mr. Vincent:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete, modified State Stormwater Management Permit Application for
Carmar Park on July 24, 2012. Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000, effective September 1,
1995. We are forwarding Permit No. SW8 000647 dated July 27, 2012, for the construction, operation and
maintenance of the BMP's and built -upon area associated with the subject project.
On May 25, 2012, the Wilmington Regional Office received a Name/Ownership Change Form from Gulfstream Foods
of NC, Inc. A file review and site inspection was performed on July 10, 2012 by this office 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 Division is hereby notifying you that permit SW8 000647 has been transferred on July 26,
2012. For your records, please find enclosed a copy of the modified permit, a copy of the inspection report, and a
copy of the Name/Ownership Change forms submitted on May 25, 2012.
On August 5, 2009, the Governor signed Session Law 2009406. This law impacts any development approval issued
by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at
any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater
permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August
2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4)
years. This permit shall be effective from the date of issuance until February 26, 2018 (which includes the extension)
and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP, recordation of deed restrictions,
procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
Modifications Include: Creating a subdivision permit from a single -lot permit.
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 150E 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.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX [phone] DENR Assistance:1-877-623-6748
Internet: www.ncwaterquallty.org
ne
o Carolina
An Enual 0000rtunity 1 Affirmative Action Emnlover

If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson, at
[phone].
SincepQly,
-or Charles Wcild, P.E., Director
Division of Water Quality
GDS/kpj: S:IWQS1Stormwater\Permits & Projects120001000647 HD12012 07 permit 000647
enc: Inspection Report
Name/Ownership Change
cc: Phil Tripp, PE
Inspector, New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File
Paize 2 of 2

State Stormwater Management Systems
Permit No. SW8 000647
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER 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
Carmar Park Association
Carmar Park
5810 Market St, Wilmington, New Hanover County
construction, operation and maintenance of one (1) wet detention pond(s) in compliance with the provisions of 15A
NCAC 21-1.1000, effective September 1,1995. (hereafter separately and collectively 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 Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until February 26, 2018 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data.
2. The subdivision is permitted for (4) four lots (a portion of Tract 1 as shown on the plans, Tract 2, Tract 3 and
the pond itself), each limited to a maximum amount of built -upon area as indicated in Section i1.14 (f) uf this
permit.
3. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.7 of this permit. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system. The wet pond has been designed to
handle the runoff from 221,369 square feet of impervious area.
4. The maximum built -upon area allowed for the entire subdivision is 221,369 square feet as documented in
Table A.
5. The project shall provide and maintain a 50' wide vegetative buffer adjacent surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side
of streams and rivers and the mean high water line of tidal waters.
6. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee
shall ensure that the proposed development on the lot is covered by a separate Offsite Stormwater
Management Permit.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 000647
The following design elements have been permitted for this wet detention pond stormwater facility, and must
be provided in the system at all times.
a.
Drainage Area, acres:
10.27
Onsite, ft2:
87,152
Offsite, ft2:
360,209
b.
Total Impervious Surfaces, ft2.
221,369
Onsite, ft2:
0
Offsite, ft2:
221,369
C.
Pond Design Depth, feet:
6.5
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.0
f.
Permanent Pool Elevation, FMSL:
37.5
g.
Permitted Surface Area @PP, ft2:
21,998
h.
Permitted Temporary Storage Volume, ft3:
35,120
i.
Temporary Storage Elevation, FMSL:
39.0
k.
Controlling Orifice:
2.5"0 pipe
m.
Permanent Pool Volume, ft3:
109,223
n.
Forebay Volume, ft3:
21,764
o.
Maximum Fountain Horsepower:
1/3
p.
Receiving Stream / River Basin:
Bradley Creek I Cape Fear
q.
Stream Index Number:
18-87-24-4-(1)
r.
Classification of Water Body:
"SC, HQW"
II. SCHEDULE OF COMPLIANCE
1. No person or entity, including the permittee, shall alter any component of the approved stormwater drainage
system shown on the approved plans, unless and until the Division has approved of the revised plan.
2. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area
limits, grading, and the storm drainage system established by this permit, the permit documents, the
approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to
be in noncompliance with the conditions of this permit in writing, and shall require timely resolution.
3. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions
of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area
has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless
and until a permit modification has been approved by the Division.
4. The Director may notify the perrriittee 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 shaii 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.
5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
6. 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 development, subdivision, acquisition, or sale of any, all or part of the project area. The
project area is defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval or a CAMA Major permit was sought.
d. Alteration of any aspect of the approved stormwater drainage system and/or the approved
stormwater BMPs.
e. The construction of any permitted future development areas shown on the approved plans.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 000647
7. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated
common areas or recorded easements. The final plats for the project will be recorded showing all such
required rights -of --way, common area and easements, in accordance with the approved plans.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition
prior to operation as a stormwater treatment device, and prior to occupancy of the facility.
11. This permit shall become void unless the facilities are constructed in accordance with the conditions of this
permit, the approved plans and specifications, and other supporting data.
12. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at design condition. The approved Operation and
Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled
intervals.
13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity,
name of person performing the work and what actions were taken.
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 000647, 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 as follows. 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.
Tract 1: 10,168sf
Tract 2: 109,311sf
Tract 3: 83,890sf
g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot
to drain toward the street or directly into the pond, or grading perimeter swales and directing them
into the pond or street.
h. Built -upon area in excess of the permitted amount will require a permit modification.
i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured
horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of
each side of streams and rivers and the mean high water line of tidal waters.
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 000647
j. 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 as set forth in G.S.143, Article 21.
k. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a
separate Offsite Stormwater Management Permit application package to the Division of Water
Quality and receive a permit prior to any construction on the lot.
I. If permeable pavement BUA credit is requested, the property owner must submit a request, with
supporting documentation, to the permittee and receive approval prior to construction.
15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the
signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of
Deeds.
16. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The project and
the stormwater facility must be in compliance with all permit conditions. Any items not in compliance must
be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities
performed to date will be required.
17. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in
the stormwater treatment system, subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if
they draw water from the surface in the deepest part of the pond.
C. The falling water from the fountain must be centered in the pond, away from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The
maximum pump power for a fountain in this pond is 1/3.
18. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to
incorporate such language as required by the Division of Water Quality. The request to modify must include
a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils
report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the
successful completion of a permit modification, the individual lot owners that request to utilize permeable
pavements shall submit the necessary forms and documentation to the permittee, or a designated agent,
and receive approval prior to construction of the permeable pavement.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to a
change of ownership, or a name change of the permittee or of the project, or a mailing address change, the
permittee must submit a completed and signed Name/Ownership Change form, to the Division of Water
Quality, accompanied by the supporting documentation as listed on the form. The approval of this request
will be considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such time as the Division
approves a request to transfer the permit. Neither the sale of the project in whole or in part, nor the
conveyance of common area to a third party constitutes an approved transfer of the permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal)
having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective
action, including those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
Page 6of7

State Stormwater Management Systems
Permit No. SW8 000647
6. The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting the permitted stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be
modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification,
revocation and re -issuance or termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit. The permittee shall maintain a copy of the permit, 0&M Agreements, and the approved plans
at all times.
10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking
and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in
Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this
permit. The renewal request must include the appropriate documentation and the processing fee.
Permit modified and reissued this the 27th day of July 2012,
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Aorharies kild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 000647
Page 7of7

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7

A�
A0r
North Carolina De artment of EnnvironmRe n p t and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8000647
2. Project Name: Market Street Business
3. Current Permit Holder's Company Name/Organization: Gulfstream Foods of NC, Inc.
4. Signing official's name: Jon T. Vincent Title: President
5. Mailing address: 1508 Military Cutoff Road, Suite 302
City: Wilmington State: NC Zip: 28403
6. Phone: [phone] Fax: [phone]
II. PROPOSED PERMITTEE l OWNER / PROJECT I ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2, and 3 below)
® Name change of the project (Please complete Item 5 below)
® Change in ownership of the property/company (Please complete Items 1, 2, 3 and 4 below)
❑ Mailing address / phone number change (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Carmar Park Association
2. Proposed permittee's signing official's name: Jon T. Vincent
3. Proposed permittee's title: Director Ok6a.1Tf , 1
4. Mailing Address: 1508 Military Cutoff Road Suite 302 �' sn /�'!ia
City: Wilmington State: NC Zip: 28403
Phone:[phone] Fax:[phone]
5
New Project Name to be placed on permit: Carmar Park
Please check the appropriate box. The proposed permittee listed above is:
® HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print Name of HOA
or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
® The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner information
on page 4) Al
❑ Purchaser (Attach a copy of the pending sales agreement. Final app lt'nsfer
will be granted upon receipt of a copy of the recorded deed) `
❑ Developer (Complete Property Owner Information on page 4) MAY 2 § ?of-)
SSW N/O Change Rev15Feb2011 Page 1 of 4 �'

III. 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.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the transfer to a new owner.
3. A copy of the recorded deed restrictions, covenants, or easements, if required by the permit.
4. 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.
5. If the Proposed Permittee is a firm, partnership, association, institution, corporation, limited
liability company, or other corporate entity, provide documentation showing the authority of the
named representative to act on behalf of the proposed permittee.
6. 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.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement::
❑ Check here if the current permittee is only changing his/her/its name, the project name, or the
mailing address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments listed above are not included, this application package will be returned
as incomplete-
Z Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, Jon T. Vincent , the current permittee, am submitting this application for a
transfer of ownership for permit #_SW8 000647 Mod . I hereby notify DWQ of the sale or other
legal transfer of the stormwater system associated with this permit. I have provided a copy of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plan ",he approved
stormwater inspection report to the proposed permittee named in Sections Il nd.V.PgfAhis form.
further attest that this application for a name/ownership change is accurate and compete?AS*e
best of my knowledge. I understand thatjf all required parts of this application are not complete r
if all required supportin I information an attachments listed above are not included, this applicatioin
package will be returne J as incomple . I assign all rights and obligations as permittee to the
proposed p mittee nar ied in Secti9fis II and V of this form. I understand that this transfer of
ownership c not be a proved by a DWQ unless and until the facility is in compliance with the
permit. /
Signature: Date:
I, 1 - a Notary Public for the State of
County of may,\�•d�, do hereby certify
that personally appeared before me this the
oZ.,S day of � �' , 201 , and acknowledge the due execution of
the forgoing instrument. Witness my hand and official seal, (Notary Seafj _;�
a
of ry Sign ture
SSW N/O Change Rev15Feb2011 Page 2 of 4

V.- PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, Jon T. Vincent , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
M the most recent permit
® the designer's certification for each BMP
® any recorded deed restrictions, covenants, or easements
® the DWQ approved plans and/or approved as -built plans
® the approved operation and maintenance agreement
® past maintenance records from the previous permittee (where required)
❑DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and ther documents listed above, and I will comply
with the terms and con itions of the permit an approved plans. I acknowledge and agree that I will
operate and maintain tie system pursuant the requirements listed in the permit and in the
operation and mainten nce agreement further attest that this application for a name/ownership
change is accurate an complete to a best of my knowledge. I understand that if all required
parts of this plication are not co pleted or if all required supporting information and attachments
listed above not in uded, th' application package will be returned as incomplete.
Signature:
that
a Notary Public for the State of
County of 1 �1 NANtE�11 do hereby certify
personally appeared before me this the
day of �� , 20 I , and acknowledge the due execution of
the forgoing instrument. Witness my hand and official seal, �'
r •-
(Notary_S0al)
bitan Signature F
Additional copies of the original permit and the approved Operation and Maintenance. 'a ementy
can be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and 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.
Please note that if the Proposed Permittee listed above is not the property owner, the property
owner must complete and sign page 4 of this document. Both the lessee / developer and the
property owner will appear on the permit as permittees.
; lvE
SSW N/O Change Rev15Feb2011 Page 3 of 4 MAY 2 5 2012
t• V•

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
different from street address)
State:
State:
Fax:
Zip:
Zip:
I certify that 1 own the property identified in this permit transfer document an avegiven pe
to the Proposed Permittee listed in Sections II and V to develop and/or lease ,epropey. A co
of the lease agreement or other contract, which indicates the party responsible for the co'nsrucion
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Fo within 30 days of procuring a
developer, lessee or purchaser for the grope y. I understa that failure to operate and maintain
the stormwater treatment facility in accordant with the p mit is a violation of NC General Statue
(NCGS) 143-215.1, and may result ' appropri to enfor ment action including the assessment of
civil penalties of up to $25,000 per dV, pursua t to N GS 143-215.6.
Signature of the property owner
I
Date: ':rilZ v 11/
a Notary Public for the State of
ou ty of S,,1A ,NtA\Jt5;?�, do hereby certify that
1 personally appeared before me this the
day ofA�.1 , 20A, and acknowledge the due execution of the
for oing instrument. Witness my hand and official seal,
(Notary Seal)
Notal Signature
SSW N/O Change Revl5Feb2011 Page 4 of 4

Market Street Business
Stormwater Permit No. SW8 000647 Modification
New Hanover County
Designer's Certification
State Stormwater Management Systems
Permit No. SW8 000647 Modification
I, Phillip G. Tripp , as a duly registered professional engineer
in the State of North Carolina, having been authorized to observe (periodically/weekly/full time)
the construction of the project,
Market Street Business
(Project)
for Gulfstream Foods of NC, Inc. (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was 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 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number 17374 "
Date 6- Z's- IF -
SEAL
AR p ',.
•� Z:XOVESS, 0--
+ S
SEALdO
� 17374
/GREG 0�, ,```�
�ECEIVE�
MAY 2 5 2012
BY:_
7

State Stormwater Management Systems
Permit No. S W8 000647 Modification
Certification Requirements:
0.4.
5.
6.
7.
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 outlet/bypass structure elevations are per the approved plan.
The outlet 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.
4ONT&ACrit- �c* Kgrt.V, & WW_-
-raw BACK ImrtoYEA16W.
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, and a
forebay.
14. The overall dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ Regional Office
New Hanover County Building Inspections
A.,

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ECEIVE
JUL 2 4 2012
�v.

Revised: 7/18/12 Market St Business 03071/11039
ALG Stormwater Calculations
Total Drainage Area
ft.
I acres
447,361
1 10.27
Impervious Area
Land Use
sq.ft.
acres
Buildings
331
1E3.2
0.03
Asphalt
2.50
Concrete
0.08
Future
2.07
3 Offsite lots 6000 sf/ea
0.41
Total
221,369
1 5.08
Stormwater Calculations:
Time of Concentration:
Hydraulic Length (L) = 1,200 ft.
change in Height (H) = 3.75 ft.
Tc = (La /H)..me / 128
16.91 min.
Flow for 10 year, 6 hour Storm (Q70):
QPRE _ (CPRE) x (110) x (Area)
16.18 cfs
QPosT = (CposT) x (110) x (Area)
= 38.82 cis
Tor to
mml +
72
P = 4.82 in. forl0yr, 6 hr storm
S = 1000/CN -10
3.89
Depth (D)= [P-(0.2)(S)12 / [P+(0.8)(S)1
2.06 in.
Time to Peak Flow:
TP = [(43.5)(D)(Area)] / Q2,PosT
23.71 min.
Detention Pond Design:
Pond Size:
Elevation
ft.)
Surface Area
(sq. ft.
Normal Pool
37.50
21,998
Flood Pool
39.00
24,828
Top of Bank
41.00
28,853
Bottom of Pooi
31.00
11,609
Provided Storage Volume:
Vol. _ [(Normal pod SA + Flood Pool SA) / 2]
x (F.P. elev. - N.P. elev.)
35,120 cu.ft.
u11..-
11039 Pond 7-18-12 1 of 2
% impervious = 0.495
= 49.5%
say 51.0%
CPRE = 0.25
CPosr = (% imp.)(.95HII 0/o imp.)(.25)
0.60
110 = 6.30 in/hr
1, = 7.13 in/hr
Flow for 25 year, 6 hour Storm (Q25):
()PRE _ (CPRE) x (125) x (Area)
18.31 ofs
QPosT = (CPosT) x (Ix) x (Area)
43.94 cfs
Soil Storage Capacity for 25 vear Storm:
CN = (94)(% imp.) + (50)(1 % imp.)
72
P = 5.71 in. for 25 yr, 6 hr storm
S = 1000/CN - 10
3.89
Depth (D)= [P-(0.2)(S)]2 / [P+(0.8)(S)]
2.76 in.
Time to Peak Flow:
TP = [(43.5)(D)(Area)] 1010.
28.04 min.
State Surface Area Requirement at normal pool:
Pond side slopes = 3 :1
Depth below N.P. = 6.5 ft.
SA/DA = 0.0320
(Chart for 90% TSS Removal for Wet Detention
Pond without Vegetative Filter
Required SA = (SA/DA) x (Total Drainage Area)
14,316 s .ft,
State Volume Required for Storage of first 1" of runoff:
Vol. _ [(1/12) x (DA) x (% imp.)] +
[(1/12) x (DA) x (1% imp.) x C]
C = 0.2
= 22,214 cu.ft.
(. ifn•IZ
RECEIVE
JUL 2 4 2012
BY:

Revised: 7/18/12 Market St Business
ALG Stormwater Calculations 03071/11039
Pond Volume:
Bottom SA = 11,609 sq. ft.
Normal Pool SA = 21.998 so. ft.
Vol. _ [(N.P. SA + Bottom SA) / 21 x (N.P. el. - Bottom el.)
= 109,223 cu. ft.
Forebav:
Required Volume
Vol. = 20% of storage volume
21.845 cu. ft.
Outlet Structure Desigm
Flow for 2-day drawdown:
for 1st 1" of stormwater,
Q = Required Vol. / 172,800 sec. (2-days)
0.129 cfs
Required Area of Pipe for 2-day drawdown:
A= Q/ [Cd x SQRT(2 x g x h)]
Cd = 0.6
g = 32.2 ft./s2
h = (F.P. elev: N.P. elev.) /2
0.75 ft.
A = 0.0308 sq. ft.
Diameter of Pipe for 2-day drawdown:
DIA. = SQRT[(A x 4) / pi]
0.1981 ft.
2.38 in.
'Use: 2.5 In diameter pipe
Outlet Structure Check:
Using a 4' x 4' Basin,
Perimeter L = 16 ft.
Q = CIA
C = (% Imp.)(.95) + (1 '/o imp.)(.25)
0.60
1= 7.13 in. for a 25 yr. Storm
A = 10.27 Apes
43.94 cis
Q= rwxL rw.
H = [Q / (Cw x L)]?"
Cw = 3
0.94 ft.
Peak elevation = flood pool elevation + H
- 39.94 ft.
Provided Volume
Bottom SA = 5,500 sq. ft.
Normal Pool SA = 9.009 sq. ft.
Vol. _ [(N.P. SA + Bottom SA) 121 x (N.P. el. - Bottom el.)
21,764 cu. ft.
depth = 3 ft.
Flow for 5-day drawdown:
for 1st 1" of stormwater,
Q = Required Vol. / 432.000 sec. (5-days)
0.051 cis
Required Area of Pipe for 5-day drawdown:
A= Q/[CdxSQRT(2xgxh)]
Cd = 0.6
g = 32.2 ft./s2
h = (F.P. elev. - N.P. elev.) 12
0.75 ft.
A= 0.0123 sq. ft.
Diameter of Pipe for 5-day drawdown:
DIA. = SQRT[(A x 4) / pi]
0.1253 ft.
= 1.50 in.
FIVE
q JUL 2 11112
BY:._--.r
11039 Pond 7-18-12 2 of 2

TE 11039
Stormwater Drainage System & Erosion Control
Narrative
Carmar Park
5810 Market Street, Wilmington, NC
The Carmar Park project is an existing permitted project located on Market Street in
Wilmington, NC, New Hanover County, parcel ID # R05009-005-046-000. Carmar Park
is owned by Carmar Park Association. The entire site is approximately 2 acres of land
and is not proposed for development. The existing NCDENR stormwater permit number
for Carmar Park is SW8 000647 dated February 26, 2004.
The drainage area for the Carmar Park project encompasses 6 additional off -site lots in
addition to the 2 acre tract which contains the existing wet detention pond. Tract 1 is
allocated 10,168 sf of BUA and is a portion of parcel ID # R05010-001-010-000. Tract 2
is allocated 109,311 sf of BUA and is all of parcel ID # R05010-001-010-003. Tract 3 is
allocated 83,890 sf of BUA and is all of parcel ID # R05009-005-045-000. Three
existing residential lots border the east property line and are allocated 6,000 sf of BUA
each.
The outflow from the existing pond will drain to an unnamed tributary to Bradley Creek;
classification SC HQW, index No. 18-87-24-4-(1), in the Cape Fear River Basin. All
built upon areas (BUA's) for the 10 acre drainage area will be collected and routed
through the existing pipe system and into the existing permitted wet detention pond BMP.
;�--GENE
MAY 2 5 2012
L
M 1+

MARKET
_ T rw' plA3uc � a
--------------------- -------------1------
.ML -
d3 PAW b
I
t I ► =1 V

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
July 23, 2012
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Kelly Johnson
Re: Carmar Park
Permit No. SW8 000647
TE 11039
Dear Kelly:
In response to your email comments dated July 10, 2012, for Carmar Park (master permit),
we offer the following:
a. Project Area/Drainage Area: The SW8 000647 application shows the drainage area to be 436,471 sf
(10.02ac). However, the sum of lot areas of Tract 3 (3.00+/-ac), Tract 2 (3.48+/-ac), the pond (2.00+/-ac),
and the three residential lots shown on the plan (110ft x 200ft = 0.505ac each) total to -10ac. This does not
include the portion of Tract 1 that is shown to be in the drainage area (139.43ft x 85ft = 0.272ac). Please
clarify this discrepancy.
We have updated the plans with the new survey data and agree that the total at.a
for the project should be 10.27 ac. I have enclosed an updated page 3 of the
nnr►linnt;nn to raflnrt t1 - updated drainage area.
b. Project Area/Drainage Area: If the drainage area to the pond is being expanded beyond what has been
previously approved please provide calculations that the pond can hold the required volume.
ttevised pond calculations are enclosed.
c. Plans: Please clearly label the various tracts with bearing and distance lines on the plans.
All tracts have been labeled with bearing and distance Imes on the plans.
d. Permit Transfer: A transfer form has been submitted to transfer the permit from Gulistream Foods of NC,
Inc. to Carmar Park Association. Mr. Jon Vincent is listed as the President of Gulfsh earn Foods on NC, Inc.
and the Director and President of Carmar Park Association. Because the permit is being transferred
between two entities for which a single person is signing, please provide documentation demonstrating
compliance with each of the following pursuant to Session Law 2011-256. In order to transfer the permit
under this Act the project must meet the three conditions outlined below:
1. The common areas related to the operation and maintenance of the stormwater system must
be conveyed to the POA.
Carmar Park Association is the owner of the common area containing the
stormwater pond. nECEIVE
JUL 2 11111
8 ff

2. At least 500/6 of the lots have been conveyed to owners other than the permittee.
I have attached a list of land owners for your use.
3. The stormwater management system must be found to be substantially compliant with the
stormwater permit. (This has been dome.)
e. Tract 3 (PARID 13201002941): This tract is owned by Oceanside Motor Company per New Hanover County.
What is the status of the of fte permit for this tract? I do not see record of a permit under this owner's
name, but the site is developed.
New Hanover iounty GIS shows that this tract is owned by Mitchell Homily,
LLC. The site was developed when the original permit was issued. We are not
;nvnlvari urith tMe namar
f. Residential lots: The 2004 application shows that the three loth accounted for a total of 18,000sf, which
matches the 6,000sfAot is in line with what was previously permitted.
L ;orrect.
g. Inspection of SW8 000647: The site is compliant.
.rumu.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Della Baird
Enc.
ECEIV
JUL 2 4 2012
BY:

New Hanover County
Page 1 of 1
PARID:8201002941
OCEANSIDE MOTOR COMPANY
Parcel
Location
Tax District
WM
Exemption Code
Exemption Amount
Mobile Home(s)
$0.00
Boat and Motors
$0.00
Trailers
$0.00
Aircraft
$0.00
Business Supplies
$0.00
Business Equipment
$21,175.00
Household
$0.00
State Appraised
$0.00
Unregistered Vehicle
$0.00
Total Taxable
$21,175.00
Sw8 oo0 Gys
-(uccj
t o 1\l, I LLc ?
5810 MARKET ST
http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=B201002941 &gsp=PP_PROFILEAL... 7/10/2012

C201124100208
SOSID: 1122512
Date Filed: 8/30/2011 12:31:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201124100208
ARTICLES OF AMENDMENT
OF
OCEANSIDE MOTOR COMPANY, LLC
The undersigned limited liability company (the %LC'j hereby submits these Articles of
Amendment for the purpose of amending its articles of organization:
1. The name of the limited liability company is OCEANSIDE MOTOR COMPANY,
LLC.
2. The articles of organization of the LLC are being amended for the purpose of
changing the LLC from a Member -managed. LLC to a Manager -managed LLC and such
amendment to the articles of incorporation shall be as follows:
Paragraph 7 of the articles of organization of the LLC is hereby rewritten in its
entirety to read as follows:
"7. Check one of the following:
(i) Member -managed LLC: All members by virtue of their status as
members shall be managers of this limited liability company.
.q (ii) Manager -managed LLC: Except as provided by
N.C.G.S. Section 57C-3-20(a), the members of this limited liability company
shall not be managers by virtue of their status as members."
3. a amended articles of organization were adopted by its members on the
day of S20A,,_, in the manner prescribed by law.
4. These Articles of Amendment shall be effective upon filing.
This the 0, day of A IUIAS� 2011,
OCEANSIDE MOTOR COMPANY, LLC
Its: Manager
103869

C201122700693
SOSID: 1122512
Date bled: 8/17/20119:49:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C201122700693
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State ofNorth Carolina.
INFORMATION CURRENTLY ON FILE
The time of the entity is: Oceanalde Motor Company, LLC
Entity Type: []Corporation, []Foreign Corporation, []Nonprofit Corporation, ElForeign Nonprofit Corporation,
OLimited Liability Company, []Foreign Limited Liability Company []Limited Partnership, []Foreign Limited Partnership,
❑Limited Liability Partnership, []Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Street: 5810 Market Street
City, State, Zip Code: Wilmington, NC 28409
County: New Harrower
The mailing address (%tPfferent from the street address of the registered office currently on file is:
The name of the current registered agent is:.krnm 0. Wright
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 5810 Market Street
City, State, Zip Code. V11Iminpton. NC 28409
Cody: New HanoW
2. The mailing address if sWerent from the stred address of the new registered office is:
(complete this item only tithe address of the registered dice is being changed)
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being chm9 r
Frederick G. Neuwirth
Type or Print Name of New Agent • Signature do Title
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
S. This statement will be effective upon filing, unless a date and Vor time is specified:
This is the 1 I ilday of S Tl20 t t Oceanside Motor Company, LLC
Signature
Frederick G. Neuwirth, Manager
Type or Print Name and Title
Notes: Finns fee is S&M This document mot be filed with the Secretary of State.
• [asked of signing here; the new registered Mat may sign a uparate wd#n eonoeat to the appoiaimml, which most be atteehad to this stsumnt.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised January 2002 Form BE-06

WNW
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
July 10, 2012
Mr. Jon T. Vincent, Director [SW8 000647]
Carmar Park Associations
1508 Military Cutoff Rd, Suite 203
Wilmington, NC 28403
Mr. George Venters, Member/Manager[SW8120602]
Vanguard Ventures, LLC
3900 Merton Drive, Suite 210
Raleigh, NC 27609
Ms. Nicole Turley, Member/Manager [SW8120617]
Fdendzy'z, LLC
703 Huntington Ridge Road
Wilmington, NC 28411
Subject: Request for Additional Information
Stormwater Project No. SW8 000647 (Carmar Park)
Stormwater Project No. SW8120602 (Carquest on Market)
Stormwater Project No. SW8120617 (Friendzy'z)
New Hanover County
Dear Mr. Vincent, Mr. Venters, and Ms. Turley:
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application
for the subject projects on June 5, 2012 (Carmar Park and Carquest on Market) and June 27, 2012 (Friendzy'z). A
preliminary in-depth review of that information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
Carmar Park (SW8 000647): This is the master permit which receives drainage from offsite permits.
a. Project Area/Drainage Area: The SW8 000647 application shows the drainage area to be
436,471sf (10.02ac). However, the sum of lot areas of Tract 3 (3.00+/-ac), Tract 2 (3.48+/-ac),
the pond (2.00+/-ac), and the three residential lots shown on the plan (11 Oft x 200ft = 0.505ac
each) total to —10ac. This does notinclude the portion of Tract 1 that is shown to be in the
drainage area (139.43ft x 85ft = 0.272ac). Please clarify this discrepancy.
b. Project Area/Drainage Area: If the drainage area to the pond is being expanded beyond what
has been previously approved please provide calculations that the pond can hold the required
volume.
c. Plans: Please clearly label the various tracts with bearing and distance lines on the plans.
d. Permit Transfer: A transfer form has been submitted to transfer the permit from Gulfstream
Foods of NC, Inc. to Carmar Park Association. Mr. Jon Vincent is listed as the President of
Gulfstream Foods on NC, Inc. and the Director and President of Carmar Park Association.
Because the permit is being transferred between two entities for which a single person is
signing, please provide documentation demonstrating compliance with each of the following
pursuant to Session Law 2011-256. In order to transfer the permit under this Act the project
must meet the three conditions outlined below:
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] DENR Assistance:1-877-623-6748 NorthCarolina
Internet: uVww.ncwaterqualiy,org �atura!!t�
An Equal Opportunly I Atfirmallve Adon Employer

1. The common areas related to the operation and maintenance of the
stormwater system must be conveyed to the POA.
2. At least 50% of the lots have been conveyed to owners other than the
permittee.
3. The stormwater management system must be found to be substantially
compliant with the stormwater permit. (This has been done.)
e. Tract 3 (PARID 3201002941): This tract is owned by Oceanside Motor Company per New
Hanover County. What is the status of the offsite permit for this tract? I do not see record of a
permit under this owner's name, but the site is developed.
f. Residential Lots: The 2004 application shows that the three lots accounted for a total of
18,000sf, which matches the 6,OOOsf/lot is in line with what was previously permitted.
1. Inspection of SW8 000647: The site is compliant.
i. Previous Inspection: The forebay has been fixed since the previous inspection on
March 5, 2012.
ii. Deed Restrictions: Deed restrictions have been recorded BK5596:PG1143-1156 and
are shown on pages 7 and 8 of that document.
iii. PE Certification: The wet detention pond was certified to have been built in
substantial compliance on May 25, 2012.
iv. 0&M Agreement: An 0&M Agreement signed by Carmar Park was received on May
25, 2012.
Carquest on Market (SW8120602): This is an offsite permit draining to Carmar Park (Tract 1).
a. Portion of Tract 1: Please see 1(a) and clarify why the entire Tract 1 is not included. (Was the
development on that lot built prior to 1988 and an access area created -2004 for Tract 2 to
access Cardinal Drive such that a portion of Tract 1 became subject to being covered by the
masterpennit? Or, was there another situation?)
b. Project Area: Please clearly label the project area to be permitted with bearing and distance
lines on the plans.
c. Grading:
i. Drainage Area 1(drains to the pond): Please provide grading/spot elevations to
show that the entire project area drains to the curb inlet draining to the pond. .
ii. Drainage Area 2 (does not drain to the pond): Please provide grading/spot elevations
to show where this site drains if it does not drain to the pond.
3. Fdendzy'z (SW8120617): This is an offsite permit draining to Carmar Park (Tract 2).
a. Signature Authority: Please submit documentation that Nicole Turley is a member/manager of
Fdendzy'z, LLC. The Articles of Incorporation are available online, but they do not list the
members.
b. Plans:
i. Project Area: Please clearly label the project area to' be permitted with bearing and
distance lines on the plans.
ii. Pipe Inverts: Please clearly label the pipe inverts on the plan.
iii. Grading: Please provide grading and/or spot elevations describing how the site will
drain.
iv. FFEs: Please provide FFEs.
4. Please remember that a change to one number may have a domino effect on other numbers. Please check
all plans, calculations and forms and make changes as needed.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to August 10, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmission of all required items, including the application fee.
Page 2 of 3

If you need additional time to submit the information, please mail, email or fax your request for a time extension to the
Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you
expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application
to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, Is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need to be
revised have been sent to the engineer or agent. All original documents must be returned or new originals must be
provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at
[phone] or email me at [e-mail].
SinVely,Kelln
Environmental Engineer
GDSlkpj: SMQSIStormwaterlPermits & Projectsl20001000647 HD12012 07 addinfo 000647
GDS/kpj: S:IWQSIStormwaterlPermits & Projects120121120602 offsite12012 07 addinfo 120602
GDS/kpj: S:1WQS1StormwateAPermits & ProjecW20121120617 offsite12012 07 addinfo 120617
enc : Inspection Report, SW8 000647
Inspection Report, SW8120602
Inspection Report, SW8120617
cc: Phil Tripp, PE (SW8 000647 & SW8120602 consultant)
Garry Pape, PE GSP Consulting (SW8120617 consultant)
Wilmington Regional Office Stormwater File
Page 3 of 3

Permit: SW8120602 Effective:
County: New Hanover
Region: Wilmington
Compliance Inspection Report
Expiration: Owner: Vanguard Ventures I,LC
Project: Carquest on Market
5832 Market St
Contact Person: George Venters Title: Member Manager
Directions to Project:
Approx. 120 If west from intersection of Market Street and Cardinal Drive Extension.
Type of Project:
Drain Areas:
On -Site Representative(s):
Wilmington NC 28405
Phone: [phone]
Related Permits:
SW8000647 Carmar Park Associations - Carmar Park formerly Market Street
Business
Inspection Date: 07/10/2012 Entry Time: 07:30 AM Exit Time: 08:15 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8120602 Owner - Project: Vanguard Ventures LLC
Inspection Date: 07/10/2012 Inspection Type: Modification Offsite Reason for Visit: Routine
Inspection Summary:
File Review Yes No NA NE
Is the permit active? Q ❑ ❑ 0
Signed copy of the Engineer's certification is in the file? E ❑ O 0
Signed copy of the Operation & Maintenance Agreement is in the file? ■ Q ❑ 0
Copy of the recorded deed restrictions is in the file? ■ ❑ 0 ❑
Comment: Application is in-house for first issue.
Built Upon Area
Yes No NA NE
Is the site BUA constructed as per the permit and approval plans?
■ 0 0 Q
Is the drainage area as per the permit and approved plans?
0000
Is the BUA (as permitted) graded such that the runoff drains to the system?
E Q Q Q
Comment: Only a portion of this tract drains to SW8 000645. The drainage is divided
as it is shown on the approved plans. The drainage from the portion that does not drain
to SW8 000645 appears to drain through a piping system to a roadside ditch.
SW Measures
Yes No NA NE
Are the SW measures constructed as per the approved plans?
0000
Are the inlets located per the approved plans?
0111111111
Are the outlet structures located per the approved plans?
❑ ❑ n ■
Comment: BMP covered by master permit SW8 000645
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ ■
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ 0 ■
upon request?
Comment: BMP covered by master permit SW9 000645
Page: 2

Permit: SW8000647
County: New Hanover
Region: Wilmington
Compliance Inspection Report
Effective: 02/26/04 Expiration: 02/26/18 Owner: Carmar Park Associations
Project: Carmar Park formerly Market Street Business
5810 Market St
Contact Person: Jon T Vincent Title: Director
Directions to Project:
Approx. 350 If west from the intersection of Market Street and Cardinal Drive Extension.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Bradley Creek) (03-06-24 ) ( SC;HQW:#)
On -Site Representative(s):
Related Permits:
SW8120602 Vanguard Ventures LLC - Carquest on Market
SW8120617 Friendzyz LLC - Friendzyz
Inspection Date: 07/10/2012 Entry Time: 07:30 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Wilmington NC 28405
Phone: [phone]
Exit Time: 08:15 AM
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8000647 Owner - Project: Carmar Park Associations
Inspection Date: 07/1012012 inspection Type: Modification Offsite Reason for Visit: Routine
Inspection Summary:
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ■ Cl ❑ ❑
Copy of the recorded deed restrictions is in the file? . ■ ❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑
Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment: It looked like the pond had been pumped down for maintenance recently.
The forebay and grate had been fixed since the previous inspection.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit?
Comment:
Other WO Issues
Is the site compliant with other water quality issues as noted during the inspection?
Comment:
Yes No NA NE
❑ ❑ ❑ ■
Page: 2

`-T6 WE'5. trF" C:O Z \ Pa ?ptR.VC
From: Marie Raynor
To: trippeno0ec.rr.com
Subject: Carmar Park Association
Date: Tuesday, June 05, 2012 12:15:04 PM
Della - Pursuant to our telephone conversation Carmar Park Association
has been filed with the North Carolina Secretary of State as it appears
"Carmar Park Association." This is technically a non-profit corporation
for the purpose of setting up a property management association. It is
not a limited liability company and therefore there are no members or
managers. There are initial named directors which have the authority to
sign any documents pertaining to the association. These directors will
also be president, vice president, secretary etc. I have highlighted
below what I'm trying to explain above.
Section 4. Definition. As used herein, the term "Corporation" may
be used interchangeably with and shall be the equivalent to
"Association" as defined in the Declaration of Covenants, Conditions and
Restrictions for CARMAR PARK and all definitions set forth in the
Declaration for CARMAR PARK , as amended from time to time, shall be
applicable herein unless otherwise defined herein. The term
"Declaration" shall refer and mean the Declaration of Covenants,
Conditions and Restrictions of CARMAR PARK .
ARTICLE VIII
The number of Directors constituting the initial Board of
Directors shall be three (3); and the names and addresses of the persons
who are to serve as initial Directors are:
NAME ADDRESS
Jon T. Vincent 1508 Military
Cutoff Road, Suite 302
Wilmington, NC 28403
Lisa D. Mathis 1508 Military
Cutoff Road, Suite 302
Wilmington, NC 28403
Richard Mitchell 8526
Reisling Avenue
Wilmington, NC 28411
Mr. MacDonald adds that the stormwater permit needs to be transferred
into the Association's name and the Association is currently controlled
by the original stormwater applicant. Currently one of the properties
has been sold and the remaining property is under contract to be sold.
When the second sale occurs Directors, Vincent and Mathis will resign
and be appointed by the new property owners. Currently the above named
officers specifically Jon T. vncent as president have authority to sign
any documents on behalf of the association pursuant to the association
by-laws.
RECEIVED
ET
JUN 0.4 2012
BY:

Please call Jim MacDonald with any questions or comments.
Marie V. Raynor
The MacDonald Law Firm, PLLC
1508 Military Cutoff Road, Suite 102
Wilmington, NC 28403
[phone]
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Thank you for your cooperation.

Compliance Inspection Report
Permit: SW8120617 Effective: Expiration: Owner: Friendzyz LLC
Project: Friendzyz
County: New Hanover 5820 Market St
Region: Wilmington
Wilmington NC 28405
Contact Person: Nicole Turley Title: Member Manager Phone: [phone]
Directions to Project:
Approx. 1900 LF heading north on Market Street from Market Street/Eastwood Road intersection on the right.
Type of Project:
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 07/10/2012 Entry Time: 07:30 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 08:15 AM
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8120617 Owner - Project: Friendzyz LLC
Inspection Date: 07/10/2012 Inspection Type: Modification Offsite Reason for Visit: Routine
Inspection Summary:
Compliant
File Review
Yes No NA NE
Is the permit active?
0000
Signed copy of the Engineer's certification is in the file?
000 ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■ n ❑ ❑
Copy of the recorded deed restrictions is in the file?
■ 0 ❑ ❑
Comment: Application is in-house for first issue. Not yet active.
Built Upon Area
Yes No NA NE
Is the site BUA constructed as per the permit and approval plans?
11110 ■
Is the drainage area as per the permit and approved plans?
111111100 ❑
Is the BUA (as permitted) graded such that the runoff drains to the system?
000 ❑
Comment: The drainage inlets in the parking area are located per the plans.
There is
a parking lot in -place, but the whole site is not yet built.
SW Measures
Yes No NA NE
Are the SW measures constructed as per the approved plans?
0000
Are the inlets located per the approved plans?
❑ ❑ ❑ ■
Are the outlet structures located per the approved plans?
0011 ■
Comment: BMP covered by master permit, SW8 000647
Operation and Maintenance
Yes No NA NE
Are the SW measures.being maintained and operated as per the permit requirements?
❑ ❑ ❑ ■
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: BMP covered by master permit, SW8 000647
Page: 2

Compliance Inspection Report
Permit: SW8000647 Effective: 02/26/04 Expiration: 02/26/18 Owner: Carmar Park Associations
Project: Carmar Park formerly Market Street Business
County: New Hanover 5810 Market St
Region: Wilmington
Wilmington NC 28405
Contact Person: Jon T Vincent Title: Director Phone: [phone]
Directions to Project:
Approx. 350 If west from the intersection of Market Street and Cardinal Drive Extension.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Bradley Creek) (03-06-24 ) (SC;HQW:#)
On -Site Representative(s):
Related Permits:
SW8120602 Vanguard Ventures LLC - Carquest on Market
SW8120617 Friendzyz LLC - Friendzyz
Inspection Date: 07/10/2012 Entry Time: 07:30 AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Exit Time: 08:15 AM
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8000647 Owner - Project: Cannar Park Associations
Inspection Date: 07110/2012 Inspection Type: Modification Offsite Reason for Visit: Routine
Inspection Summary:
File Review
Yes
No
NA NE
Is the permit active?
■
❑
❑ ❑
Signed copy of the Engineer's certification is in the file?
■
❑
❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
■
❑
❑ ❑
Copy of the recorded deed restrictions is in the file?
■
❑
❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 000 ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? 01111 ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans?
■ ❑
❑
❑
Are the inlets located per the approved plans?
■ ❑
❑
❑
Are the outlet structures located per the approved plans?
■ ❑
❑
❑
Comment: It looked like the pond had been pumped down for maintenance recently.
The forebay and grate had been fixed since the previous inspection.
Operation and Maintenance
Yes No
NA
NE
Are the SW measures being maintained and operated as per the permit requirements?
■ ❑
❑
❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 ❑
b
■
upon request?
Comment:
Other Permit Conditions
Yes No
NA
NE
Is the site compliant with other conditions of the permit?
Comment:
Other WQ Issues
Is the site compliant with other water quality issues as noted during the inspection?
Comment:
Yes No NA NE
❑ ❑ ❑ ■
Page: 2

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Tuesday, June 05, 2012 2:12 PM
To:
'Tripp Engineering'
Cc:
[e-mail]
Subject:
RE: SW8 000647, Carmar Park
Della,
This level of review is more than I generally get into at this stage. I will give the package to admin to log in so that it can
get assigned to someone. That person will go through the details of the application and contact you with further
questions. I will leave this email on file for them. (Also, just FYI, Jim McDonald (the attorney) was asking me if the
building at the corner of Cardinal Dr. and Market St. is covered in the permit because it is not located in a drainage area.
The reviewer will look into that as well).
Thanks,
KJ
From: Tripp Engineering [mailto:[e-mail]]
Sent: Tuesday, June 05, 2012 1:05 PM
To: Johnson, Kelly
Cc: [e-mail]
Subject: RE: SW8 000647, Carmar Park
Dear Kelly:
In response to your email comments dated May 29, 2012 we offer the following:
1.) Transfer: The transfer will be from Jon Vincent of Gulfstream Foods of North Carolina, Inc to Jon
Vincent of Carmar Park Association.
a. Carmar Park Association: The Articles of Incorporation dated 10/25/11 were submitted, but the
Secretary of State does not show that it is active? This will have to be an active listing with the
SOS.
Articles have been filed with the Secretary of State on May 31, 2012. (attached)
b. Gulf Stream Foods of North Carolina, Inc.: There appears to be a typo on the application.
"North Carolina" is abbreviated. The transfer document has to match the Secretary of State's
records. I will snake and initial the change to the transfer forri, unless you have objections.
Please do, thank you.
c. Signature Authority, Carmar Park Association: The association has three Directors per the
(draft?) Articles of Incorporation. The "association" is a "corporation" per the by-laws. All
directors are members per the by-laws. The Articles of Incorporation typically say that the
corporation is .either member -managed or manager -managed, but these do not. Can you provide
documentation that Carmar Park Association is member -managed?
Please see the attached email from Marie Raynor at The MacDonald Law Firm for
explanation. I have also attached a copy of the association by-laws.
d. Transfer Requirements: Since the transfer will be between the same individual under two
separate entities,
i. 50% Lots Sold: Please provide a list of lot numbers and -their respective lot owners in the
subdivision in order to show that Gulf Stream Foods of North Carolina, Inc. has sold at
least 50% of its lots. SESSION LAW 2011-256 says that lots have to be sold "to owners

other than a declarant", so please also show that the lots have been sold to entities other
than affiliates of "Gulf Stream Foods of North Carolina, Inc." if applicable.
I have attached a list of land owners for your use.
I Ownership in Subdivision: Mr. Vincent also has to still be affiliated with the subdivision
(meaning he or one of his LLCs/Incs has to still own lots there) in order to be on this
permit. (This is probably the case because it looks like that has to also be true for the by-
Iaws but we will still -need documentation of that.)
Mr. Vincent is a Manager of Gulf, Worsley and Cowper, LLC and a Director of
Calmar Park Association.
iii. POA Own Common Areas: The POA has to own the common areas so that they can
implement the permit (if there are common areas). Please submit this documentation if
applicable.
Carmar Park Association is the owner of the common area containing the
stormwater pond. (Parcel No. R05009-005-046-000)
2.) Deed Restrictions: I understand that this modification is intended to subdivide the permit so that it can
sell a lot to Friendzy'z which will need to offsite to SW8 000647. The deed restrictions reference SW8
000647 but they do not include the required statements for commercial subdivisions (such as the
BUA/lot). Please submit either updated recorded deed restrictions containing all of the required
statements, or the notarized version to be recorded later which is available on our website,
htt�://portal.ncdenr.or web/wg/ws/su/statesw/forms_docs.
Pages 7 and 8 of the recorded restrictive covenants that were submitted with the
application contain the required statements and breakdown of allowable BUA per lot.
Please review for approval and contact us with any questions, comncnts or if you need additional
information. Thank you.
Sincerely,
Tripp Engineering, P.C.
DeLLa gaud
Della Baird
Tripp Engineering, P.C.
419 Chestnut Street
Wilmington, NC 28401
Office: 910363.5100
Fax: [phone]
NOTICE: This electronic correspondence and all attachments may contain privileged information intended only for the
use of the addressee. Any information contained within this correspondence is provided for your convenience. No
assertion of accuracy is made by Tripp Engineering, P.C. unless physical documents are obtained, sealed AND signed.
User assumes all responsibility for use of this digital information.
From: Johnson, Kelly f ailto:kelly.p.johnsonOncdenr govl
Sent: Tuesday, May 29, 2012 9:19 AM
To: 'Phil Tripp'; 'Lee Galloway'
Subject: SW8 000647, Carmar Park
Phil & Lee,

We received this application, and I have a few questions for you:
3.) Transfer: The transfer will be from Jon Vincent of Gulfstream Foods of North Carolina, Inc to Jon Vincent of
Carmar Park Association.
a. Carmar Park Association: The Articles of Incorporation dated 10/25/11 were submitted, but the
Secretary of State does not show that it is active? This will have to be an active listing with the SoS.
b. Gulf Stream Foods of North Carolina, Inc.: There appears to be a typo on the application. "North
Carolina" is abbreviated. The transfer document has to match the Secretary of State's records. I will
make and initial the change to the transfer form unless you have objections.
c. Signature Authority, Carmar Park Association: The association has three Directors per the (draft?)
Articles of Incorporation. The "association" is a "corporation" per the by-laws. All directors are
members per the by-laws. The Articles of Incorporation typically say that the corporation is either
member -managed or manager -managed, but these do not. Can you provide documentation that
Carmar Park Association is member -managed?
d. Transfer Requirements: Since the transfer will be between the same individual under two separate
entities,
L 50% Lots Sold: Please provide a list of lot numbers and their respective lot owners in the
subdivision in order to show that Gulf Stream Foods of North Carolina, Inc. has sold at least 50%
of its lots. SESSION LAW 2011-256 says that lots have to be sold "to owners other than a
declarant", so please also show that the lots have been sold to entities other than affiliates of
"Gulf Stream Foods of North Carolina, Inc." if applicable.
ii. Ownership in Subdivision: Mr. Vincent also has to still be affiliated with the subdivision
(meaning he or one of his LLCs/Incs has to still own lots there) in order to be on this permit.
(This is probably the case because it looks like that has to also be true for the by-laws but we will
still need documentation of that.)
iii. POA Own Common Areas: The POA has to own the common areas so that they can implement
the permit (if there are common areas). Please submit this documentation if applicable.
4.) Deed Restrictions: I understand that this modification is intended to subdivide the permit so that it can sell a lot
to Friendzy'z which will need to offsite to SW8 000647. The deed restrictions reference SW8 000647 but they do
not include the required statements for commercial subdivisions (such as the BUA/lot). Please submit either
updated recorded deed restrictions containing all of the required statements, or the notarized version to be
recorded later which is available on our website, http://Portal.ncdenr.org/web/wg/ws/su/statesw/forms docs.
Please let me know if these are things that can be resolved in the next couple of days. Otherwise I will have to return
the application.
Thanks,
KJ
*** My email has changed to kellv.o.iohnson0ricdenr.gov
I _eLLW0hws0w
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
3

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Johnson, Kell
From: Johnson, Kelly
Sent: Friday, June 01, 2012 1:28 PM ('�o
To: 'Phil Tripp; 'Lee Galloway'
Subject: RF SW8 000647, Carmar Park �C 1TJ
Phil &Lee,
Any news on this? I need to either accept or return it pretty soon because I cannot hold uncashed checks for very long.
Thanks,
KJ
From: Johnson, Kelly
Sent: Tuesday, May 29, 2012 9:19 AM
To: 'Phil Tripp; 'Lee Galloway'
Subject: SW8 000647, Carmar Park
Phil & Lee,
We received this application, and I have a few questions for you:
1.) Transfer: The transfer will be from Jon Vincent of Gulfstream Foods of North Carolina, Inc to Jon Vincent of
Carmar Park Association.
a. Carmar Park Association: The Articles of Incorporation dated 10/25/11 were submitted, but the
Secretary of State does not show that it is active? This will have to be an active listing with the SoS.
b. Gulf Stream Foods of North Carolina, Inc.: There appears to be a typo on the application. "North
Carolina" is abbreviated. The transfer document has to match the Secretary of State's records. I will
make and initial the change to the transfer form unless you have objections.
c. Signature Authority, Carmar Park Association: The association has three Directors per the (draft?)
Articles of Incorporation. The "association" is a "corporation" per the by-laws. All directors are
members per the by-laws. The Articles of Incorporation typically say that the corporation is either
member -managed or manager -managed, but these do not. Can you provide documentation that
Carmar Park Association is member -managed?
d. Transfer Requirements: Since the transfer will be between the same individual under two separate
entities,
L 50% Lots Sold: Please provide a list of lot numbers and their respective lot owners in the
subdivision in order to show that Gulf Stream Foods of North Carolina, Inc. has sold at least 50%
of its lots. SESSION LAW 2011-256 says that lots have to be sold "to owners other than a
declarant", so please also show that the lots have been sold to entities other than affiliates of
"Gulf Stream Foods of North Carolina, Inc." if applicable. 7 . O 4sM`4
ii. Ownership in Subdivision: Mr. Vincent also has to still be affiliated with the sWdivisiokf
(meaning he or one of his LLCs/Incs has to still own lots there) in order to be on this permit.
(This is probably the case because it looks like that has to also be true for the by-laws but we will
still need documentation of that.)
iii. POA Own Common Areas: The POA has to own the common areas so that they can implement
the permit (if there are common areas). Please submit this documentation if applicable.
2.) Deed Restrictions: I understand that this modification is intended to subdivide the permit so that it can sell a lot
to Friendzy'z which will need to offsite to SW8 000647. The deed restrictions reference SW8 000647 but they do
not include the required statements for commercial subdivisions (such as the BUA/lot). Please submit either
updated recorded deed restrictions containing all of the required statements, or the notarized version to be
recorded later which is available on our website, http://Portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
1

Please let me know if these are things that can be resolved in the next couple of days. Otherwise I will have to return
the application.
Thanks,
KJ
*** My email has changed to kellv.u.8ohnson0ricdenr.eov
V_dLW0h VtS0K'
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be
disclosed to third parties.

BY-LAWS =By..,
OF CARMAR PARK ASSOCIATION
ARTICLE I: GENERAL
Section 1. Name. The name of the corporation is CARMAR PARK ASSOCIATION.
Section 2. Principal Office. The principal office of the Association shall be 1508 Military
Cutoff Road, Suite 302, Wilmington, NC 28403, New Hanover County, or at such other place as may
be subsequently designated by the Board of Directors.
Section 3. Registered Office. The registered office of the Association, which by law is
required to be maintained in the State of North Carolina, shall be located at 1508 Military Cutoff Road,
Suite 302, Wilmington, New Hanover County, North Carolina 28403, or at such other place within
the State of North Carolina as may from time to time be fixed and determined by the Board of Directors.
Section 4. Definition. As used herein, the term "Corporation" may be used interchangeably
with and shall be the equivalent to "Association" as defined in the Declaration of Covenants, Conditions and
Restrictions for CARMAR PARK and all definitions set forth in the Declaration for CARMAR PARK
, as amended from time to time, shall be applicable herein unless otherwise defined herein. The tern
"Declaration" shall refer andmean the Declaration of Covenants, Conditions and Restrictions of CARMAR
PARK.
ARTICLE H: MEMBERSHIP
Section 1. Definition. Each owner shall be.a member of the Association and membership in
the Association shall be limited to owners of units in CARMAR PARK .
Section 2. Transfer of Membership and Ownership. Membership in the Association may
be transferred only as an incident to the transfer of the transferor's unit, and such transfer shall be subject to
the procedures set forth in the Declaration.
ARTICLE III: MEETINGS OF MEMBERSHIP
Section 1. Place. All meetings of the membership shall be held at Wilmington, North Carolina,
or at such other place as may be stated in the notice.
Section 2. Annual Meetine.
A. Meetings shall be held at least annually. The annual meeting of members shall be held at
Wilmington, North Carolina, upon the earlier of the following events: 90 days after conveyance of at least
60% of all lots that may be created under the "Declaration' for all phases of CARMAR PARK. The first
Directors and Officers will be appointed by the Declarant, and will hold office until the initial annual meeting
occurs, and new directors and officers are elected. In the event of a vacancy occurring prior to the first
meeting the Declarant will appoint a successor.
B. Regular annual meetings subsequent to the first meeting shall be held on the fast Wednesday
in March in each year, if not a legal holiday and if a legal holiday, then on the next secular day following,
unless otherwise determined by the Board.
C. All annual meetings shall be held at such hour as is determined by the Board.
D. At the annual meeting, the members shall elect the new members of the Board of Directors
and transact such other business as may properly come before the meeting.
E. Written notice of the annual meeting shall be served upon or mailed to each member entitled
to vote thereafter at such address as appears on the books of the Association, (or if there is no such address,
to the street address of the Unit) at least ten (10) but not more than sixty (60) days prior to the meeting. Each
member shall notify the Secretary of any address change, and the giving of said notice shall be in all respects
sufficient if sent to the address of the member which is then on file with the Secretary.

Section 3. Membership List. At least ten (10) but not more than sixty (60) days before every
election of Directors, a complete list of members entitled to vote at said election with residence of each shall
be prepared by the Secretary. Such list shall be produced and kept for said ten (10) days prior to and
throughout the election at the office of the Association, and shall be open to examination by any member
throughout such time.
Section 4. Special Meetin
A. Special Meetings of the members for any purpose or purposes not prescribed by statute, the
Articles of Association, or these By -Laws may be called by the President, by a majority of the Board or at
the request in writing often percent (10%) of the members. Such request shall state the purpose or purposes
of the proposed meeting.
B. Written notice of a Special Meeting of members stating the time, place and object thereof
shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the
books of the Association (or if there is no such address, to the street address of the Unit) at least ten (10) days
before such meeting and no more than sixty (60) days before such meeting. If mailed, such notice shall be
deemed to be delivered when deposited in the United States mail, postage prepaid, addressed to the member
at such address as appears on the records of members of the Association.
C. Business -transacted at all special meetings shall be confined to the objects stated in the
notice thereof.
Section 5. Quorum. Fifty percent or more of all members of the Association present in person
or represented by written proxy, shall be requisite to and shall constitute a quorum as otherwise provided by
statute or by these By -Laws. If, however, such quorum shall not be present or represented at any meeting
of the members, the members entitled to vote thereat present in person or represented by written proxy shall
have power to adjourn the meeting from time to time without notice other than announcement at the meeting
until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be
present or represented, any business may be transacted which might have been transacted at the meeting
originally called. If adjournment extends past thirty (30) days, notice of the date on which the adjourned
meeting is to be reconvened shall be given as herein provided for regular meetings.
Section 6. Vote Required to Transact Business. When a quorum is present at any meeting,
a majority of the votes cast in person or represented by written proxy filed with the Secretary in advance of
the meeting shall decide any question brought before the meeting, unless the question is one upon which by
express provision of the statutes, the Declaration of Covenants, Conditions and Restrictions for CARMAR
PARK or these By -Laws a different vote is required in which case such express provision shall govern and
control the division of such question. There shall be no cumulative voting.
Section 7. Rieht To Vote. Each Lot shall have appurtenant thereto, the following votes: Lot
1 (1 vote), Lot 2 (3.5 votes) Lot 3 (3.0 votes) (a number of votes equal to the percentage interest allocated
to such Lots in the Common Elements). At any meeting of the members, every member having the right to
vote shall be entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or
subsequent adjourned meetings thereof. If more than one person or entity owns a lot, they shall file a
certificate with the Secretary naming the person authorized to cast the vote for said lot. If same is not on file,
the vote of any co-owner present who is acceptable to other co -owners of that lot present shall be accepted
as the vote of all co -owners. Any legal entity which is an owner shall have the right to membership in the
Association.
Section 8. Waiver and Consent. Whenever the vote of members at a meeting is required or
permitted by any provision of the statutes the Declaration or these By -Laws to be taken in connection with
any action of the Association, the meeting and vote of members may be dispensed with if all members who
would have been entitled to vote upon the action of such meeting if such meeting were held shall consent
in writing to such action being taken.
Section 9. Order of Business. The order of business at annual members' meetings and as for
as practical at other members' meetings will be:
A. Roll call and certification of proxies;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of prior meeting;

D. Officers' reports;
E. Committee reports;
F. Appointment by Chairman of Inspectors of Election;
G. Approval of budget;
H. Elections of directors and officers;
I. Unfinished business;
J. New business;
K. Adjournment.
ARTICLE IV: BOARD OF DIRECTORS
Section 1. Number and Term. The number of directors which shall constitute the whole
Board of Directors (the "Board") shall be three. Until succeeded by directors elected at the fast annual
meeting of members, after the expiration of the right of the Declarant to name the majority of the directors,
the directors need not be members; thereafter, all directors shall be members or in the case of partnership
or limited liability company owners or mortgagees, shall be members or employees of such partnership,
limited liability company or mortgagee, or in the case of corporate owners or mortgagees, shall be officers,
shareholders, employees, of such corporations, or in the case of fiduciary owners or mortgagees, shall be
officers, shareholders or employees of such fiduciary.
Section 2. Vacancy and Replacement. Other than a director selected by Declarant, if the
office of any director becomes vacant by reason of transfer of ownership, death, resignation, retirement,
disqualification, removal from office or otherwise, a majority of the remaining directors, though less than
a quorum, at a special meeting of directors duly called for this purpose, shall choose a successor or
successors, who shall hold office for the unexpired term in respect to which such vacancy occurred.
Section 3. Removal. Other than directors selected by Declarant, directors may be removed
with or without cause, by an affirmative vote of a majority of the total membership.
Section 4. Initial Board of Directors. The first Board shall consist of three members to wit:
Jon T. Vincent, Lisa D. Matthis and Richard Mitchell, who shall hold office and exercise all powers of the
board until the initial annual membership meeting, provided, any or all of said directors shall be subject to
replacement in the event of resignation or death as above provided.
Section S. Powers and Duties. The property and business ofthe Association shallbe managed
by the Board, which may exercise all Association's powers not specifically prohibited by statute or the
Declaration to which these By -Laws are attached. The powers of the Board shall specifically include, but
not limited to, the following:
A. To make and collect regular and special assessments and establish the time within which
payment of same are due.
B. To use and expend the assessments collected to maintain, care for and preserve the common
areas and other items more particularly set forth in the Declaration for CARMAR PARK , except those
portions thereof which are required to be maintained, cared for, and preserved by the owners.
C. To purchase the necessary equipment and tools required in the maintenance, care and
preservation referred to above.
D. To enter into and upon the lots when necessary and at as little inconvenience to the owner
as possible in connection with such maintenance, care and preservation.
E. To insure and keep insured the common areas and facilities including the stormwater pond
and common easements in the manner set forth in the Declaration against loss from fire and/or other casualty,
and against public liability, and to purchase such other insurance as the Board may deem advisable, including
insurance against Directors' liability.

F. To collect delinquent assessments by suit or otherwise, abate nuisances and enjoin or seek
damages from owners for violations of these By -Laws and the terms and conditions of the Declaration.
G. To employ and compensate such personnel as may be required for the maintenance and
preservation of the property.
H. To make appropriate changes in the Rules and Regulations for the use of the lots as may be
deemed necessary. Changes not approved at the next meeting of the membership by a majority of the votes
cast shall be invalid from the date of such change.
To acquire and/or rent and/or lease a lot in the name of the Association or a designee.
J. To contract for management of Association properties and to delegate to such other parties
all powers and duties of the Association except those specifically required by the Declaration of Covenants,
Conditions and Restrictions for CARMAR PARK to have specific approval of the Board of membership.
K. To carry out the obligations of the Association under any restrictions and/or covenants
running with the land.
L. To designate allocate or assign, as the Board deems appropriate, parking spaces for each lot,
visitors, service vehicles, and other vehicles.
M. To adopt such Rules and Regulations as the Board deems appropriate and to amend said
Rules and Regulations, provided said Rules and Regulations may not be inconsistent with or contrary to these
Bylaws, the Declaration or any existing applicable zoning regulations by any governmental entity having
jurisdiction over the property.
N. To impose a special asscssmnnt (against any owner) after notice and opportunity to be heard,
not to exceed one hundred fifty ($150.00) dollars for each occurrence, for the violation by the owner of any
By -Law contained herein, any rule or regulation of the Units, or the breach of any provision of the
Declaration. Such assessment shall be in addition to any costs incurred or to be incurred by the Association
as a result of the violation of the rule, regulation, By -Law, or provision.
O. To propose and adopt an annualbudget forthe property. Summaries ofthe adoptedproposed
budget shall be provided to all Unit owners within thirty (30) days from adoption and the Board shall set a
date not less than fourteen (14) nor more than thirty (30) days after delivery of the summary for a meeting
of the lot owners to consider ratification of the proposed budget.
P. Institute, defend, or intervene in its own name in litigation or administrative proceedings on
matters affecting the Association.
Q. Make contracts and incur liabilities.
R. Cause additional improvements to be made as a part of the common elements.
Grant easements, leases, licenses, and concessions through or over the common elements.
Section 6. Liability. The directors shall not be liable to the owners except for their own
individual willful misconduct, bad faith or gross negligence.
Section 7. Compensation. Neither directors nor officers shall receive compensation for their
services as such, provided that the Association may budget such sums as it may deem appropriate for direct
reimbursement of actual expenses incurred by the directors or officers in behalf of the Association.
Section S. Meetings.
A. The fast meeting of each Board newly elected by the members shall be held immediately
upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or
as soon thereafter as may be practicable. The annual meeting of the Board shall be held at the same place
as the general members' meeting, and immediately before or after the adjournment of same.
B. Special meetings shall be held whenever calledby the direction of the President or a majority
of the Board. The Secretary shall give notice of each special meeting either personally, by mail or telegram,

at least three (3) days before the date of such meeting, but the directors may, in writing, waive notice of the
calling of the meeting, before or after such meeting.
C. A majority of the Board members shall be necessary and sufficient at all meetings to
constitute a quorum for the transactions ofbusiness, and the act of a majority present at any meeting at which
there is a quorum shall be the act of the Board. If a quorum shall not be present at the meeting, the directors
then present may adjourn the meeting without notice other than announcement at the meeting until a quorum
shall be present.
D. Action taken by a majority of the Directors without a meeting shall constitute Board action
if written consent to the action in question is signed by all the Directors and filed with the minutes of the
proceedings of the Board, whether done before or after the action so taken.
Section 9. Order of Business. The order of business at all meetings of the Board shall be as
follows:
A. Roll call;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of last meeting;
D. Consideration of communications;
E. Elections of necessary directors and officers;
F. Reports of officers and employees;
G. Reports of committees;
H. Unfinished business;
I. Original resolutions and new business;
J. Adjournment.
Section 10. Annual Statement. The Board shall present, no less often than at the annual
meeting, a full and clear statement of the business and condition of the Association, including a report of the
operating expenses of the Association and the assessments paid by each member.
ARTICLE V: OFFICERS
Section 1. Executive Officers. The executive officers of the Association shall be, at a
minimum, a President and Secretary, but may also include a Vice -President and Treasurer; all of whom shall
be elected annually by the Board from the Membership, provided the Office of President and Secretary shall
not be held by the same person. However, the same person may hold the Office of Vice President and
Treasurer or Secretary and Treasurer. Any or all officers may also be directors of the Association.
Section 2. Subordinate Officers. The Board may appoint such other officers and agents from
the membership as they may deem necessary, who shall have such authority and perform such duties as from
time to time may be prescribed by said Board.
Section 3. Tenure of Officers: Removal. All officers shall be subject to removal, with or
without cause, at any time by action of the Board. The Board may delegate powers ofremoval of subordinate
officers and agents to any officer.
Section 4. The President.
A. The President shall preside at all meetings of the members and directors; he shall have
general and active management of the business of the Association; he shall see that all order and resolutions
of the Board are carried into effect; he shall execute bonds, mortgages, amendments to the Declaration or
By -Laws, deeds of trust and other contracts requiring a seal, under the seal of the Association.
B. He shall have general superintendence and direction of all the officers of the Association,

and shall see that their duties are performed properly.
C. He shall submit a report of the operations of the Association for the fiscal year to the
directors whenever called for by them, and to the members at the annual meeting, and from time to time shall
report to the Board all matters within his knowledge which the interest of the Association may require to be
brought to their notice.
D. He shall be an ex-officio member of all committees, and shall have the general powers and
duties of supervision and management usually vested in the office of the President of an Association.
Section 5. The Secretary.
A. The Secretary shall keep the minutes of the members meetings; and of the Board's meetings
in one or more books provided for that purpose.
B. He shall see that all notices are fully given in accordance with the provisions of these By -
Laws or as required by law.
C. He shall be custodian of the Association's records.
D. He shall keep a register of the post office address of each member, which shall be furnished
to the Secretary by such member.
E. In general, he shall perform all duties incident to the office of Secretary and such other duties
as from time to time may be assigned to him by the President or by the Board of Directors.
Section 6. The Vice -President.
A. The Vice President shall be vested with all the powers and required to perform all the duties
of the President in his absence, and such other duties as may be prescribed by the
Board.
Section 7. The Treasurer,
A. Shall keep full and accurate accounts of receipts and disbursements in books belonging to
the Association, and shall deposit all monies and other valuable effects in the name and to the credit of the
Association, in such depositories as may be designated by the Board.
B. Shall disburse the funds of the Association as ordered by the Board, taking proper vouchers
for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board,
or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition
of the Association. Such records shall he onen to inanectinn by members at reasonable times.
C. May be required to give the Association, at the Association's cost, a bond in a sum and with
one or more sureties satisfactory to the Board, for the faithful performance of the duties of his office, and
the restoration to the Association, in case of his death, resignation or removal from office, of all books,
papers, vouchers, money or other property of whatever kind in his possession belonging to the Association.
D. Shall maintain a register for the names of any mortgage holders or lien holders on lots who
have requested in writing that they be registered and to whom the Association will give notice of default in
case of nonpayment of assessments. No responsibility of the Association is assumed with respect to said
register except that it will give notice of default of any owner in his obligations to the Association to any
registered mortgagee or lienor therein, if so requested by said mortgagee or lienor.
E. With the approval of the Board, he shall be authorized to delegate all or part of his
responsibilities to competent accounting, collection or management personnel, pursuant to written definition
of the responsibilities delegated to, and the condition of performance imposed upon, such personnel, but, in
such event, the Treasurer shall retain supervisory responsibilities.
Section 8. Vacancies. If the office of any director or officer becomes vacant by reason of
death, resignation, disqualification or otherwise, the remaining directors, by majority vote of the remaining
directors provided for in these By -Laws, may choose a successor or successors who shall hold office for the
unexpired tens. If the number of directors falls below three, a special members' meeting shall be called for
the purpose of filling such vacancies in the Board of Directors.

Section 9. Resignations. Any director or officer may resign his office at any time, such
resignation to be made in writing, and to take effect from the time of its receipt by the Board of Directors,
unless some later time be fixed in the resignation, and then from that date. The acceptance of a resignation
by the Board shall not be required to make it effective.
ARTICLE VI: NOTICES
Section 1. Definition. Whenever under the provisions ofthe statutes, the Declaration, or these
By -Laws, notice is required to be given to any director or member, it shall not be construed to mean personal
notice, but such notice may be given in writing by mail, by depositing the same in a post office or letter box
in a post paid, sealed envelope, addressed as appears on the books of the Association.
Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the
provisions of the statutes, the Declaration, or these By -Laws a waiver thereof, in writing, signed by the
person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the
equivalent thereof.
ARTICLE VII: FINANCES
Section 1. Fiscal Year. The fiscal year shall be the calendar year, unless changed by action
of the Board of Directors.
Section 2. Checks. All checks or demands for money and notes of the Association shall be
signed by any one of the following officers: President, Secretary, Vice -President or Treasurer, or by such
officer or officers or persons as the Board of Directors may from time to time designate.
Section 3. Determination of Assessments.
A. The Board shall determine from time to time the sum or sums necessary and adequate for
the common expense of the lots. At the annual meeting of the Association, such budget shall constitute the
basis for all regular assessments for common expenses against lot owners, which assessments shall be due
and payable periodically as determined by the Board. Common expenses shall include expenses for the
operation, maintenance, repair or replacement of the common areas and facilities, costs of carrying out the
powers and duties of the Association, all insurance premiums and expenses from time to time by the Board
of Directors of the Association and all other matters set forth in the Declaration or these By laws.
B. The Board is specifically empowered on behalf of the Association to make and collect
assessments and maintain repair and replace the common areas and facilities. Funds for the payment of
common expenses shall be assessed against the lot owners in the proportions of percentages of sharing
common expenses provided in the Declaration. Assessments shall be payable periodically as determined by
the Board.
C. Special assessments may be imposed as provided in the Declaration under Article V.
D. When the Board has determined the amount of any assessment, the Treasurer of the
Association (or the personnel to whom such authority has been delegated) shall mail or present a statement
of the assessment to each of the assessed owners. All assessments shall be payable to the Association, and
upon regzwat, the Treas¢rar or his designate'. agent shall give a receipt for each payment made.
E. The Board may enter into a management contract with third parties to whom the Board may
delegate the power to levy and collect assessments approved by the Board or required by the Declaration.
F. All assessments not paid when due shall bear interest at a rate of 12% per annum and incur
late penalties as set forth in the Declaration in or Bylaws.
Section 4. Excess of Assessments. In any year in which there is an excess of assessments
received over amounts actually used or payable for the purposes described in these By -Laws, and in the
Declaration, such excess shall, unless otherwise determined by the Board of Directors of the Association,
be deposited in a capital reserve account for use in replacement, repair or maintenance of the common areas
and facilities of the Association.
ARTICLE VIII: DEFAULT
Section 1. Enforcement of Lien for Assessments. In the event an owner does not pay any

sums, charges, or assessments required to be paid to the Association by the due date, the Association, acting
on its behalf or through its Board, may enforce its lien for assessments, or take such other action to recover
the sums, charges or assessments to which it is entitled in accordance with the Declaration and the statutes
made and provided or both.
Section 2. Chams for Late Payments, Fines. In the event that any assessments are not vaid
within thirty (30) days of the due date, then said assessment shall bear interest at the rate of 12% per annum
until paid. The Board may appoint an 4udicatory panel to determine if a lot owner should be fined, not to
exceed one hundred fifty ($150.00) dollars, for a violation of the Declaration, By -Laws or rules and
regulations of the Association. The panel shall accord to the party charged with the violation notice of the
charge, opportunity to be heard and to present evidence, and notice of the decision. Such a fine shall be an
assessment secured by lien under Article 17 of the Declaration.
Section 3. Governmental Liens and Assessments. In the event that an owner fails to pay any
tax or assessment lawfully assessed by any governmental subdivision within which the property is situated,
by the date such tax or assessment is due, the Board may pay the same from the funds of the Association and
specially assess such owner for the amount paid.
Section4. Foreclosure. Ifthe Associationbecomes the owner ofa lot by reason of foreclosure,
it shall offer said lot for sale and at such time as a sale is consummated, it shall deduct from the proceeds of
said sale all sums of money due it for assessments, charges, and late fees, all costs incurred in the bringing
of the foreclosure suit, including reasonable attorney's fees, funds necessary to discharge any liens or
mortgages of record, and any and all expenses incurred in the resale of the lot, which shall include, but not
be limited to, advertising expenses, real estate brokerage fees and expenses necessary for repairing and
refurnishing of the lot in question. All monies remaining after deducting the foregoing items of expenses,
costs and other deductions shall be returned to the former owner of subject lot.
Section 5. Other Remedies. In the event of violation of the provisions of the Declaration for
as the same are defined in the Declaration, for ten (10) days after notice from the Association to the lot
owners to correct said violation, the Association, on its own behalf or by and through its Board of Directors,
may bring appropriate action to enjoin such violation or may enforce the provisions of said Declaration or
may sue for damages, or take such other courses of action, or other legal remedy as it or they may deem
appropriate.
Section 6. Legal Costs. In the event any legal action is brought against an owner and results
in a judgment for the Association, the owner shall pay the Association's reasonable attorney's fccs, costs of
collection, and Court costs.
ARTICLE IX: JOINT OWNERSHIP
Membership may be held in the name of more than one owner. In the event ownership is in more
than one person, all of the joint owners shall be entitled collectively to only one voice or ballot in the
management of the affairs of the Association, and the vote may not be divided between plural owners. The
manner of determining who shall cast such vote shall be sex forth in ARTICLE III, Section 7 of these By -
Laws.
ARTICLE X: INDEMNIFICATION
The Association may secure such insurance as it deems appropriate to insure the directors or officers
of the Association, against all suits or actions arising out of matters performed in their capacity as directors
or officers of the Association including the reasonable expenses including attorney's fees actually and
necessarily incurred by him in connection with the defense or settlement of such action, or in connection with
an appeal therein, except in relation to such matters as to which such director or officer is adjudged to have
been guilty of gross negligence or misconduct in the performance of his duty to the Association.
ARTICLE XI: AMENDMENT
These By -Laws may only be altered, amended or added to at any duly called meeting of the
members; provided (i) that the notice of the meeting shall contain a full statement of the proposed
amendment; (ii) that the quorum requirement for such purposes shall be a majority of all the then members,
in person or by proxy; (iii) that there be an affirmative vote of owners holding not less than two-thirds of the
qualified votes of members represented at such quorum; and (iv) that there is or has been affmnative vote
of the Board of Directors. ARTICLE III, Section 2A may not be amended without express approval of
Declarant, as defined in the Declaration. No amendment to these By -Laws shall be passed which would

operate to impair or prejudice the rights and/or liabilities of any mortgagees, and no amendment shall become
operative unless set forth in an Amended By -Laws and duly recorded. All lot owners shall be bound to abide
by any amendment upon the same being passed and duly set forth in an Amended By -Laws, duly recorded
in the Office of the Register of Deeds of New Hanover County, North Carolina.
ARTICLE XII: CONTRACTS NOT BINDING
The Association shall not be bound, either directly or indirectly, to contracts or leases, including
management contracts, unless there is a right of termination of any such contract or lease, without cause,
which is exercisable without penalty at any time after transfer of control of the Association from the initial
directors to the lot owners, and upon not more than 90 days notice to the other party.
ARTICLE XIII: RIGHT TO INFORMATION AND FINANCIAL STATEMENT
The Association shall make available to any lot owner, any lender, and to holders, insurers or
guarantors of any first mortgage, current copies of the Declaration, By -Laws, and other rules concerning the
project, and the books, records, and financial statements of the Association.
ARTICLE XIV: DISTRIBUTION OF ASSETS IN EVENT OF TERMINATION
No part of the net earnings of the Association shall inure to the benefit of any officers, directors or
members of the Association and in the event of dissolution of the Association, the assets thereof shall, after
all of its liabilities and obligations have been discharged or adequate provisions made therefor, be distributed
to any association or associations organized for purposes similar to those set forth in the Articles of
Incorporation for the Association.
ARTICLE XV CONSTRUCTION
Wherever the masculine singular form of the pronoun is used in these By -Laws, it shall be construed
to mean the masculine, feminine or neuter, singular or plural, where the context so requires.
Should any of the covenants herein imposed be void or be or become unenforceable at law or in
equity, the remaining provisions of this instrument shall nevertheless be and remain in firll force and effect.
The foregoing were adopted as the By -Laws of CARMAR PARK ASSOCIATION at the first
meeting of its Board of Directors.
IN WITNESS WHEREOF, the first Board of Directors have hereunto set their hands and seals, this
the day of October, 2011.
Director
Director
Director
Certified to be correct, this the day of October, 2011.
SECRETARY OF THE MEETING OF THE FIRST
BOARD OF DIRECTORS OF CARMAR PARK
ASSOCIATION.

C201104800462
SOSID: 0181416
i
Date Filed: 2/23/20119:51:00 AM
Effective: 12/15/2010
Elaine F. Marshall
North Carolina Secretary of State
C201104800462
State of North Carolina
Department of the Secretary of State
APPLICATION FOR REINSTATEMENT FOLLOWING
ADMINISTRATIVE DISSOLUTION
Pursuant to §55-14-22 of the North Carolina General Statutes, the undersigned corporation hereby submits
this Application for Reinstatement Following Administrative Dissolution.
1. The name of the applicant corporation is:
GULF STREAM FOODS OF NORTH CAROLINA, INC.
2. The effective date of the administrative dissolution of the applicant corporation was:
DECEMBER 15, 2010
3. The ground or grounds for administrative dissolution of the applicant corporation as stated in its
Certificate of Dissolution was or were:
DELINQUENT ANNUAL REPORTS
4. Complete either (a) or (b) as appropriate:
(a) The grounds stated above for the administrative dissolution of the applicant corporation did
not exist. (Insert brief explanation.)
(b) The grounds stated above for the administrative dissolution of the applicant corporation
have been eliminated. (Insert brief explanation.)
WE ARE ENCLOSING COPIES OF THE DELINQUENT ANNUAL REPORTS.
5. Enclosed is a fee of $100 as required by §55-1-22 of the North Carolinakicneral Statutes.
This is the 9th day of FEBRUARY , 20 11 4
iEA FOODS Of NORTH CAROLINA, INC.
'emrt rpararionJ
��nce�-E P,�es�dr�1
0 or Print Name and Tide)
NOTES:
I. The filing fee for this Application is $100.
2. This application must be filed with the Secretary of State.
(Revised January 2000) (Fora B-08)
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622

CKIVED
BY-LAWS SV`il►3 Zo��
OF
CARMAR PARK ASSOCIATION
ARTICLE I: GENERAL
Section 1. Name. The name of the corporation is CARMAR PARK ASSOCIATION.
Section 2. Principal Office. The principal office of the Association shall be 1508 Military
Cutoff Road, Suite 302, Wilmington, NC 28403, New Hanover County, or at such other place as may
be subsequently designated by the Board of Directors,
Section 3. Registered Office. The registered office of the Association, which by law is
required to be maintained in the State of North Carolina, shall be located at 1508 Military Cutoff Road,
Suite 302, Wilmington, New Hanover County, North Carolina 28403, or at such other place within
the State of North Carolina as may from time to time be fixed and determined by the Board of Directors.
Section 4. Definition. As used herein, the term "Corporation" may be used interchangeably
with and shall be the equivalent to "Association" as defined in the Declaration of Covenants, Conditions and
Restrictions for CARMAR PARK and all definitions set forth in the Declaration for CARMAR PARK
, as amended from time to time, shall be applicable herein unless otherwise defined herein The term
"Declaration" shall refer andmeanthe Declaration ofCovenants, Conditions andRestrictions of CARM[AR
PARK.
ARTICLE H: MEMBERSHIP
Section 1. Definition. Each owner shall be a member of the Association and membership in
the Association shall be limited to owners of units in CARMAR PARK .
Section 2. Transfer of Membership and Ownership. Membership in the Association may
be transferred only as an incident to the transfer of the transferor's unit, and such transfer shall be subject to
the procedures set forth in the Declaration.
ARTICLE III: MEETINGS OF MEMBERSHIP
Section 1. Place. All meetings ofthe membership shall be held at Wilmington, North Carolina,
or at such other place as may be stated in the notice.
Section 2. Annual Meeting.
A. Meetings shall be held at least annually. The annual meeting of members shall be held at
Wilmington, North Carolina, upon the earlier of the following events: 90 days after conveyance of at least
60% of all lots that may be created under the "Declaration" for all phases of CARMAR PARK. The first
Directors and Officers will be appointed by the Declarant, and will hold office until the initial annual meeting
occurs, and new directors and officers are elected In the event of a vacancy occurring prior to the first
meeting the Declarant will appoint a successor.
B. Regular annual meetings subsequent to the first meeting shall be held on the first Wednesday
in March in each year, if not a legal holiday and if a legal holiday, then on the next secular day following,
unless otherwise determined by the Board
C. All annual meetings shall be held at such hour as is determined by the Board.
D. At the annual meeting, the members shall elect the new members of the Board of Directors
and transact such other business as may properly come before the meeting.
E. Written notice ofthe annual meeting sball be served upon ormailed to each member -entitled
to vote thereafter at such address as appears on the books of the Association, (or if there is no such address,
to the street address of the Unit) at least ten (10) but not more than sixty (60) days prior to the meeting. Each
member shall notify the Secretary of any address change, and the giving of said notice shall be in all respects
sufficient if sent to the address of the member which is then on file with the Secretary.

Section 3. Membership List. At least ten (10) but not more than sixty (60) days before every
election of Directors, a complete list of members entitled to vote at said election with residence of each shall
be prepared by the Secretary. Such list shall be produced and kept for said ten (10) days prior to and
throughout the election at the office of the Association, and shall be open to examination by any member
throughout such time.
Section 4. Special Meetin
A. Special Meetings of the members for any purpose or purposes not prescribed by statute, the
Articles of Association, or these By -Laws may be called by the President, by a majority of the Board or at
the request in writing often percent (10%) of the members. Such request shall state the purpose or purposes
of the proposed meeting.
B. Written notice of a Special Meeting of members stating the time, place and object thereof
shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the
books of the Association (or if there is no such address, to the street address of the Unit) at least ten (10) days
before such meeting and no more than sixty (60) days before such meeting. If mailed, such notice shall be
deemed to be delivered when deposited in the United States mail, postage prepaid, addressed to the member
at such address as appears on the records of members of the Association.
C. Business transacted at all special meetings shall be confined to the objects stated in the
notice thereof.
Section S. Quorum. Fifty percent or more of all members of the Association present in person
or represented by written proxy, shall be requisite to and shall constitute a quorum as otherwise provided by
statute or by these By -Laws. If, however, such quorum shall not be present or represented at any meeting
of the members, the members entitled to vote thereat present in person or represented by written proxy shall
have power to adjourn the meeting from time to time without notice other than announcement at the meeting
until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be
present or represented, any business may be transacted which might have been transacted at the meeting
originally called. If adjournment extends past thirty (30) days, notice of the date on which the adjourned
meeting is to be reconvened shall be given as herein provided for regular meetings.
Section 6. Vote Required to Transact Business. When a quorum is present at any meeting,
a majority of the votes cast in person or represented by written proxy filed with the Secretary in advance of
the meeting shall decide any question brought before the meeting, unless the question is one upon which by
express provision of the statutes, the Declaration of Covenants, Conditions and Restrictions for CARMAR
PARK or these By -Laws a different vote is required in which case such express provision shall govern and
control the division of such question. There shall be no cumulative voting.
Section 7. Right To Vote. Each Lot shall have appurtenant thereto, the following votes: Lot
1 (1 vote), Lot 2 (3:5 votes) Lot 3 (3.0 votes) (a number of votes equal to the percentage interest allocated
to such Lots in the Common Elements). At any meeting of the members, every member having the right to
vote shall be entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or
subsequent adjourned meetings thereof. If more than one person or entity owns a lot, they shall file a
certificate with the Secretary naming the person authorized to cast the vote for said lot. If same is not on file,
the vote of any co-owner present who is acceptable to other co -owners of that lot present shall be accepted
as the vote of all co-cv mers. Any legal entity which is an owner shall have the right to membership in the
Association.
Section 8. Waiver and Consent. Whenever the vote of members at a meeting is required or
permitted by any provision of the statutes the Declaration or these By -Laws to be taken in connection with
any action of the Association, the meeting and vote of members may be dispensed with if all members who
would have been entitled to vote upon the action of such meeting if such meeting were held shall consent
in writing to such action being taken.
Section 9. Order of Business. The order of business at annual members' meetings and as far
as practical at other members' meetings will be:
A. Roll call and certification of proxies;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of prior meeting;

D. Officers' reports;
E. Committee reports;
F. Appointment by Chairman of Inspectors of Election;
G. Approval of budget;
H. Elections of directors and officers;
I. Unfinished business;
J. New business;
K. Adjournment.
ARTICLE IV: BOARD OF DIRECTORS
Section 1. Number and Term. The number of directors which shall constitute the whole
Board of Directors (the 'Board') shall be three. Until succeeded by directors elected at the first annual
meeting of members, after the expiration of the right of the Declarant to name the majority of the directors,
the directors need not be members; thereafter, all directors shall be members or in the case of partnership
or limited liability company owners or mortgagees, shall be members or employees of such partnership,
limited liability company or mortgagee, or in the case of corporate owners or mortgagees, shall be officer,
shareholder, employees, of such corporations, or in the case of fiduciary owner or mortgagees, shall be
officer, shareholder or employees of such fiduciary.
Section 2. Vacancy and Replacement. Other than a director selected by Declarant, if the
office of any director becomes vacant by reason of transfer of ownership, death, resignation, retirement,
disqualification, removal from office or otherwise, a majority of the remaining director, though less than
a quorum, at a special meeting of directors duly called for this purpose, shall choose a successor or
successor, who shall hold office for the unexpired term in respect to which such vacancy occurred.
Section 3. Removal. Other than directors selected by Declarant, director may be removed
with or without cause, by an affirmative vote of a majority of the total membership.
Section 4. Initial Board of Directors. The first Board shall consist of three member to wit:
Jon T. Vincent, Lisa D. Matthis and Richard Mitchell, who shall hold office and exercise all power of the
board until the initial annual membership meeting, provided, any or all of said director shall be subject to
replacement in the event of resignation or death as above provided.
Section5. . Powers and Duties. The property and business ofthe Association shallbe managed
by the Board, which may exercise all Association's power not specifically prohibited by statute or the
Declaration to which these By -Laws are attached. The power of the Board shall specifically include, but
not limited to, the following:
A. To snake and collect regular and special assessments and establish the time within which
payment of same are due.
B. To use and expend the assessments collected to maintain, care for andpreserve the common
areas and other items more particularly set forth in the Declaration for CARMAR PARK , except those
portions thereof which are required to be maintained, cared for, and preserved by the owners.
C. To purchase the necessary equipment and tools required in the maintenance, care and
preservation referred to above.
D. To enter into and upon the lots when necessary and at as little inconvenience to the owner
as possible in connection with such maintenance, care and preservation.
E. To insure and keep insured the common areas and facilities including the stormwater pond
and common easements in the manner set forth in the Declaration against loss from fire and/or other casualty,
and against public liability, and to purchase such other insurance as the Board may deem advisable, including
insurance against Director' liability.

F. To collect delinquent assessments by suit or otherwise, abate nuisances and enjoin or seek
damages from owners for violations of these By -Laws and the terms and conditions of the Declaration.
G. To employ and compensate such personnel as may be required for the maintenance and
preservation of the property.
H. To make appropriate changes in the Rules and Regulations for the use of the lots as may be
deemed necessary. Changes not approved at the next meeting of the membership by a majority of the votes
cast shall be invalid from the date of such change.
To acquire and/or rent and/or lease a lot in the name of the Association or a designee.
L To contract for management of Association properties and to delegate to such other parties
all powers and duties of the Association except those specifically required by the Declaration of Covenants,
Conditions and Restrictions for CARMAR PARK to have specific approval of the Board of membership.
K. To carry out the obligations of the Association under any restrictions and/or covenants
running with the land.
L. To designate allocate or assign, as the Board deems appropriate, parking spaces for each lot,
visitors, service vehicles, and other vehicles.
M. To adopt such Rules and Regulations as the Board deems appropriate and to amend said
Rules and Regulations, provided said Rules and Regulations may not be inconsistent with or contrary to these
Bylaws, the Declaration or any existing applicable zoning regulations by any governmental entity having
jurisdiction over the property.
N. To impose a special assessment (against any owner) after notice and opportunity to be heard,
not to exceed one hundred fifty ($150.00) dollars for each occurrence, for the violation by the owner of any
By -Law contained herein, any rule or regulation of the Units, or the breach of any provision of the
Declaration. Such assessment shall be in addition to any costs incurred or to be incurred by the Association
as a result of the violation of the rule, regulation, By -Law, or provision.
O. To propose and adopt an annual budget for the property. Summariesoftheadoptedpropowd
budget shall be provided to all Unit owners within thirty (30) days from adoption and the Board shall set a
date not less than fourteen (14) nor more than thirty (30) days after delivery of the summary for a meeting
of the lot owners to consider ratification of the proposed budget.
P. Institute, defend, or intervene in its own name in litigation or administrative proceedings on
matters affecting the Association.
Q. Make contracts and incur liabilities.
R. Cause additional improvements to be made as a part of the common elements.
Grant easements, leases, licenses, and concessions through or over the common elements.
Section 6. Liability. The directors shall not be liable to the owners except for their own
individual willful misconduct, bad faith or gross negligence.
Section 7. Compensation. Neither directors nor officers shall receive compensation for their
services as such, provided that the Association may budget such sums as it may deem appropriate for direct
reimbursement of actual expenses incurred by the directors or officers in behalf of the Association.
Section 8. Meetines.
A. The first meeting of each Board newly elected by the members shall be held immediately
upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or
as soon thereafter as may be practicable. The annual meeting of the Board shall be held at the same place
as the general members' meeting, and immediately before or after the adjournment of same.
B. Special meetings shall be held whenever calledby the direction of the President or a majority
of the Board. The Secretary shall give notice of each special meeting either personally, by mail or telegram,

at least three (3) days before the date of such meeting, but the directors may, -in writing, waive notice of the
calling of the meeting, before or after such meeting.
C. A majority of the Board members shall be necessary and sufficient at all meetings to
constitute a quorum for the transactions of business, and the act ofa majority present at any meeting at which
there is a quorum shall be the act of the Board. If a quorum shall not be present at the meeting, the directors
then present may adjourn the meeting without notice other than announcement at the meeting until a quorum
shall be present.
D. Action taken by a majority of the Directors without a meeting shall constitute Board action
if written consent to the action in question is signed by all the Directors and filed with the minutes of the
proceedings of the Board, whether done,before or after the action so taken.
Section 9. Order of Business. The order of business at all meetings of the Board shall be as
follows:
A. Roll call;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of last meeting;
D. Consideration of communications;
E. Elections of necessary directors and officers;
F. Reports of officers and employees;
G. Reports of committees;
H. Unfinished business;
I. Original resolutions and new business;
J. Adjournment.
Section 10. Annual Statement. The Board shall present, no less often than at the annual
meeting, a full and clear statement of the business and condition of the Association, including a report of the
operating expenses of the Association and the assessments paid by each member.
ARTICLE V: OFFICERS
Section 1. Executive Officers. The executive officers of the Association shall be, at a
minimum, a President and Secretary, but may also include a Vice -President and Treasurer; all of whom shall
be elected annually by the Board from the Membership, provided the Office of President and Secretary shall
not be held by the same person. However, the same person may hold the Office of Vice President and
Treasurer or Secretary and Treasurer. Any or all officers may also be directors of the Association.
Section 2. Subordinate Officers. The Board may appoint such other officers and agents from
the membership as they may deem necessary, who shall have such authority and perform such duties as from
time to time may be prescribed by said Board.
Section 3. Tenure of Officers: Removal. All officers shall be subject to removal, with or
without cause, at anytime by action of the Board. The Board may delegate powers ofremoval of subordinate
officers and agents to any officer.
Section 4. The President.
A. The President shall preside at all meetings of the members and directors; he shall have
general and active management of the business of the Association; he shall see that all order and resolutions
of the Board are carried into effect; he shall execute bonds, mortgages, amendments to the Declaration or
By -Laws, deeds of trust and other contracts requiring a seal, under the seal of the Association.
B. He shall have general superintendence and direction of all the officers of the Association,

and shall see that their duties are performed properly.
C. He shall submit a report of the operations of the Association for the fiscal year to the
directors whenever called for by them, and to the members at the annual meeting, and from time to time shall
report to the Board all matters within his knowledge which the interest of the Association may require to be
brought to their notice.
D. He shall be an ex-officio member of all committees, and shall have the general powers and
duties of supervision and management usually vested in the office of the President of an Association.
Section 5. The Secretary.
A. The Secretary shall keep the minutes of the members meetings; and of the Board's meetings
in one or more books provided for that purpose.
B. He shall see that all notices are fully given in accordance with the provisions of these By -
Laws or as required by law.
C. He shall be custodian of the Association's records.
D. He shall keep a register of the post office address of each member, which shall be furnished
to the Secretary by such member.
E. In general, he shall perform all duties incident to the office of Secretary and such other duties
as from time to time may be assigned to him by the President or by the Board of Directors.
Section 6. The Vice -President.
A. The Vice President shall be vested with all the powers and required to perform all the duties
of the President in his absence, and such other duties as may be prescribed by the
Board.
Section 7. The Treasurer.
A. Shall keep full and accurate accounts of receipts and disbursements in books belonging to
the Association, and shall deposit all monies and other valuable effects in the name and to the credit of the
Association, in such depositories as may be designated by the Board.
B. Shall disburse the funds of the Association as ordered by the Board, taking proper vouchers
for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board,
or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition
of the Association. Such records shall be open to inspection by members at reasonable times.
C. May be required to give the Association, at the Association's cost, a bond in a sum and with
one or more sureties satisfactory to the Board, for the faithful performance of the duties of his office, and
the restoration to the Association, in case of his death, resignation or removal from office, of all books,
papers, vouchers, money or other properly of whatever kind in his possession belonging to the Association.
D. Shall maintain a register for the names of any mortgage holders or lien holders on lots who
have requested in writing that they be registered and to whom the Association will give notice of default in
case of nonpayment of assessments. No responsibility of the Association is assumed with respect to said
register except that it will give notice of default of any owner in his obligations to the Association to any
registered mortgagee or lienor therein, if so requested by said mortgagee or lienor.
E. With the approval of the Board, he shall be authorized to delegate all or part of his
responsibilities to competent accounting, collection or management personnel, pursuant to written definition
of the responsibilities delegated to, and the condition of performance imposed upon, such personnel, but, in
such event, the Treasurer shall retain supervisory responsibilities.
Section 8. Vacancies. If the office of any director or officer becomes vacant by reason of
death, resignation, disqualification or otherwise, the remaining directors, by majority vote of the remaining
directors provided for in these By -Laws, may choose a successor or successors who shall hold office for the
unexpired term. If the number of directors falls below three, a special members' meeting shall be called for
the purpose of filling such vacancies in the Board of Directors.

Section 9. Resignations. Any director or officer may resign his office at any time, such
resignation to be made in writing, and to take effect from the time of its receipt by the Board of Directors,
unless some later time be fixed in the resignation, and then from that date. The acceptance of a resignation
by the Board shall not be required to make it effective.
ARTICLE VI: NOTICES
Section 1. Definition. Whenever under the provisions of the statutes, the Declaration, or these
By -Laws, notice is required to be given to any director or member, it shall not be construed to mean personal
notice, but such notice may be given in writing by mail, by depositing the same in a post office or letter box
in a post paid, sealed envelope, addressed as appears on the books of the Association.
Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the
provisions of the statutes, the Declaration, or these By -Laws a waiver thereof, in writing, signed by the
person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the
equivalent thereof.
ARTICLE VII: FINANCES
Section 1. Fiscal Year. The fiscal year shall be the calendar year, unless changed by action
of the Board of Directors.
Section 2. Checks. All checks or demands for money and notes of the Association shall be
signed by any one of the following officers: President, Secretary, Vice -President or Treasurer, or by such
officer or officers or persons as the Board of Directors may from time to time designate.
Section 3. Determination of Assessments.
A. The Board shall determine from time to time the sum or sums necessary and adequate for
the common expense of the lots. At the annual meeting of the Association, such budget shall constitute the
basis for all regular assessments for common expenses against lot owners, which assessments shall be due
and payable periodically as determined by the Board. Common expenses shall include expenses for the
operation, maintenance, repair or replacement of the common areas and facilities, costs of carrying out the
powers and duties of the Association, all insurance premiums and expenses from time to time by the Board
of Directors of the Association and all other matters set forth in the Declaration or these By laws.
B. The Board is specifically empowered on behalf of the Association to make and collect
assessments and maintain repair and replace the common areas and facilities. Funds for the payment of
common expenses shall be assessed against the lot owners in the proportions of percentages of sharing
common expenses provided in the Declaration. Assessments shall be payable periodically as determined by
the Board.
C. Special assessments may be imposed as provided in the Declaration under Article V.
D. When the Board has determined the amount of any assessment, the Treasurer of the
Association (or the personnel to whom such authority has been delegated) shall mail or present a statement
of the assessment to each of the assessed owners. All assessments shall be payable to the Association, and
upon request, the Treasurer cr his designated agent shall give a receipt for each payt made.
E. The Board may enter into a management contract with third parties to whom the Board may
delegate the power to levy and collect assessments approved by the Board or required by the Declaration.
F. All assessments not paid when due shall bear interest at a rate of 12% per annum and incur
late penalties as set forth in the Declaration in or Bylaws.
Section 4. Excess of Assessments. In any year in which there is an excess of assessments
received over amounts actually used or payable for the purposes described in these By -Laws, and in the
Declaration, such excess shall, unless otherwise determined by the Board of Directors of the Association,
be deposited in a capital reserve account for use in replacement, repair or maintenance of the common areas
and facilities of the Association.
ARTICLE VIII: DEFAULT
Section 1. Enforcement of Lien for Assessments. In the event an owner does not pay any

sums, charges, or assessments required to be paid to the Association by the due date, the Association, acting
on its behalf or through its Board, may enforce its lien for assessments, or take such other action to recover
the sums, charges or assessments to which it is entitled in accordance with the Declaration and the statutes
made and provided or both.
Section 2. Charges for Late Pament,Ffnes. In the event that any assessments are not paid
within thirty (30) days of the due date, then said assessment shall bear interest at the rate of 12% per annum
until paid. The Board may appoint an adjudicatory panel to determine if a lot owner should be fined, not to
exceed one hundred fifty ($150.00) dollars, for a violation of the Declaration, By -Laws or rules and
regulations of the Association. The panel shall accord to the party charged with the violation notice of the
charge, opportunity to be heard and to present evidence, and notice of the decision. Such a fine shall be an
assessment secured by lien under Article 17 of the Declaration.
Section 3. Governmental Liens and Assessments. In the event that an owner fails to pay any
tax or assessment lawfully assessed by any governmental subdivision within which the property is situated,
by the date such tax or assessment is due, the Board may pay the same from the funds of the Association and
specially assess such owner for the amount paid.
Section4. Foreclosure. Ifthe Association becomes the owner of a lotby reason of foreclosure,
it shall offer said lot for sale and at such time as a sale is consummated, it shall deduct from the proceeds of
said sale all sums of money due it for assessments, charges, and late fees, all costs incurred in the bringing
of the foreclosure suit, including reasonable attorney's fees, funds necessary to discharge any liens or
mortgages of record, and any and all expenses incurred in the resale of the lot, which shall include, but not
be limited to, advertising expenses, real estate brokerage fees and expenses necessary for repairing and
refurnishing of the lot in question. All monies remaining after deducting the foregoing items of expenses,
costs and other deductions shall be returned to the former owner of subject lot.
Section 5. Other Remedies. In the event of violation of the provisions of the Declaration for
as the same are defined in the Declaration, for ten (10) days after notice from the Association to the lot
owners to correct said violation, the Association, on its own behalf or by and through its Board of Directors,
may bring appropriate action to enjoin such violation or may enforce the provisions of said Declaration or
may sue for damages, or take such other courses of action, or other legal remedy as it or they may deem
appropriate.
Section 6. Legal Costs. In the event any legal action is brought against an owner and results
in a judgment for the Association, the owner shall pay the Association's reasonable attorneys fees, costs of
collection, and Court costs.
ARTICLE IX: JOINT OWNERSHIP
Membership may be held in the name of more than one owner. In the event ownership is in more
than one person, all of the joint owners shall be entitled collectively to only one voice or ballot in the
management of the affairs of the Association, and the vote may not be divided between plural owners. The
manner of determining who shall cast such vote shall be set forth in ARTICLE IiI, Section 7 of these By -
Laws.
ARTICLE X: INDEIViMFICATION
The Association may secure such insurance as it deems appropriate to insure the directors or officers
of the Association, against all suits or actions arising out of matters performed in their capacity as directors
or officers of the Association including the reasonable expenses including attorneys fees actually and
necessarily incurred by him in connection with the defense or settlement of such action, or in connection with
an appeal therein, except in relation to such matters as to which such director or officer is adjudged to have
been guilty of gross negligence or misconduct in the performance of his duty to the Association.
ARTICLE XI: AMENDMENT
These By -Laws may only be altered, amended or added to at any duly called meeting of the
members; provided (i) that the notice of the meeting shall contain a full statement of the proposed
amendment; (ii) that the quorum requirement for such purposes shall be a majority of all the then members,
in person or by proxy; (iii) that there be an affirmative vote of owners holding not less than two-thirds of the
qualified votes of members represented at such quorum; and (iv) that there is or has been affirmative vote
of the Board of Directors. ARTICLE III, Section 2A may not be amended without express approval of
Declarant, as defined in the Declaration. No amendment to these By -Laws shall be passed which would

operate to impair or prejudice the rights and/or liabilities of any mortgagees, and no amendment shall become
operative unless set forth in an Amended By -Laws and duly recorded. All lot owners shall be bound to abide
by any amendment upon the same being passed and duly set forth in an Amended By -Laws, duly recorded
in the Office of the Register of Deeds of New Hanover County, North Carolina.
ARTICLE XII: CONTRACTS NOT BINDING
The Association shall not be bound, either directly or indirectly, to contracts or leases, including
management contracts, unless there is a right of termination of any such contract or lease, without cause,
which is exercisable without penalty at any time after transfer of control of the Association from the initial
directors to the lot owners, and upon not more than 90 days notice to the other party.
ARTICLE XIH: RIGHT TO INFORMATION AND FINANCIAL STATEMENT
The Association shall make available to any lot owner, any lender, and to holders, insurers or
guarantors of any first mortgage, current copies of the Declaration, By -Laws, and other rules concerning the
project, and the books, records, and financial statements of the Association.
ARTICLE XIV: DISTRIBUTION OF ASSETS IN EVENT OF TERMINATION
No part of the net earnings of the Association shall inure to the benefit of any officers, directors or
members of the Association and in the event of dissolution of the Association, the assets thereof shall, after
all of its liabilities and obligations have been discharged or adequate provisions made therefor, be distributed
to any association or associations organized for purposes similar to those set forth in the Articles of
Incorporation for the Association.
ARTICLE XV CONSTRUCTION
Wherever the masculine singular form of the pronoun is used in these By -Laws, it shall be construed
to mean the masculine, feminine or neuter, singular or plural, where the context so requires.
Should any of the covenants herein imposed be void or be or become unenforceable at law or in
equity, the remaining provisions of this instrument shall nevertheless be and remain in full force and effect.
The foregoing were adopted as the By -Laws of CARMAR PARK ASSOCIATION at the first
meeting of its Board of Directors.
IN WITNESS WHEREOF, the first Board ofDirectors have hereunto set theirhands and seals, this
the day of October, 2011.
Director
Director
Director
Certified to be correct, this the day of October, 2011.
SECRETARY OF THE MEETING OF THE FIRST
BOARD OF DIRECTORS OF CARMAR PARK
ASSOCIATION.

NORTH CAROLINA
a Department of the Secretary of
To all whom these presents shall come, Greetings:
JUN 0!6 2012
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
CARMAR PARK ASSOCIATION
the original of which was filed in this office on the 31 st day of May, 2012.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal at the City of
Raleigh, this 31st day of May, 2012.
Certification# C201215000306-1 Reference# C201215000306-1 Page: 1 of 3 Secretary of State
Verify this certificate online at www.secretary.state.nc.us/verification

C201215000306
SOSID: 1262317
Date Filed: 5/31/201212:51:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201215000306
ARTICLES OF INCORPORATION
OF
CARMAR PARK ASSOCIATION
The undersigned, being of the age of eighteen years or more does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation under
and by virtue of the laws of the State of North Carolina.
ARTICLE I
NAME
The name of the corporation is CARMAR PARK ASSOCIATION.
ARTICLE II
The period of duration of the corporation is perpetual.
ARTICLE III
The purposes for which the corporation is organized are to engage in any lawful act or activity
for which corporations may be organized under this Chapter, including, specifically, the maintenance
of the Owners Association of CARMAR PARK, located in New Hanover County, North Carolina.
ARTICLE IV
The corporation shall have members which may be divided into such classes as shall be
provided in the By -Laws. All members shall be accepted, appointed, elected, or designated in the
manner provided in the By -Laws.
ARTICLE V
The Directors of the corporation shall be elected or appointed in the manner and for the terms
provided in the By -Laws.
ARTICLE VI
No part of the net earnings of the corporation shall inure to the benefit of any officer, director,
or member of the corporation; and upon dissolution of the corporation the assets thereof shall, after
all of its liabilities and obligations have been discharged or adequate provision made therefor, be
distributed to any association or associations organized for purposes similar to those set forth in
ARTICLE III hereinabove, all as more particularly provided in the By -Laws of the corporation.
Certification# C201215000306-1 Reference# C201215000306- Page: 2 of 3

C201215000306
ARTICLE VII
The address of the initial registered office of the corporation in the State of North Carolina
is 1508 Military Cutoff Road, Suite 302, New Hanover County, North Carolina 28403; and the name of its
initial registered agent at such address is Jon T. Vincent.
ARTICLE VIII
The number of Directors constituting the initial Board of Directors shall be three (3); and the
names and addresses of the persons who are to serve as initial Directors are:
NAME ADDRESS
Jon T. Vincent 1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Lisa D. Mathis 1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Richard Mitchell 8526 Reisling Avenue
Wilmington, NC 28411
FOX I foo: I►:i
The street address and county of the principal office of the corporation is: 1508 Military
Cutoff Road, Suite 302, Wilmington, NC 28403
ARTICLE X
The name and address of the incorporator is:
James A. MacDonald
1508 Military Cutoff Road, Suite 102
Wilmington, North Carolina 28409
This the eday of May, 2012.
a -)xze tQ.'aao
6JFes A. MacDonald
porator
Cerdtfcadon# C201215000306-1 Reference# C201215000306- Page: 3 of 3

BY-LAWS
OF
CARMAR PARK ASSOCIATION
ARTICLE I: GENERAL
Section 1. Name. The name of the corporation is CARMAR PARK ASSOCIATION.
Section 2. Principal Office. The principal office of the Association shall be 1508 Military
Cutoff Road, Suite 302, Wilmington, NC 28403, New Hanover County, or at such other place as may
be subsequently designated by the Board of Directors.
Section 3. Registered Office. The registered office of the Association, which by law is
required to be maintained in the State of North Carolina, shall be located at 1508 Military Cutoff Road,
Suite 302, Wilmington, New Hanover County, North Carolina 28403, or at such other place within
the State of North Carolina as may from time to time be fixed and determined by the Board of Directors.
Section 4. Definition. As used herein, the term "Corporation" may be used interchangeably
with and shall be the equivalent to "Association" as defined in the Declaration of Covenants, Conditions and
Restrictions for CARMAR PARK and all definitions set forth in the Declaration for CARMAR PARK
, as amended from time to time, shall be applicable herein unless otherwise defined herein. The term
"Declaration" shall refer and mean the Declaration of Covenants, Conditions and Restrictions of CARMAR
PARK .
ARTICLE H; MEMBERSHIP
Section 1. Definition. Each owner shall be a member of the Association and membership in
the Association shall be limited to owners of units in CARMAR PARK .
Section 2. Transfer of Membership and Ownership. Membership in the Association may
be transferred only as an incident to the transfer of the transferor's unit, and such transfer shall be subject to
the procedures set forth in the Declaration.
ARTICLE III: MEETINGS OF MEMBERSHIP
Section 1. Place. All meetings of the membership shall beheld at Wilmington, North Carolina,
or at such other place as may be stated in the notice.
Section 2. Annual Meeting.
A. Meetings shall be held at least annually. The annual meeting of members shall be held at
Wilmington, North Carolina, upon the earlier of the following events: 90 days after conveyance of at least
60% of all lots that may be created under the "Declaration" for all phases of CARMAR PARK. The first
Directors and Officers wiii be appointed by the Declarant, and will hold office until the initial annual meeting
occurs, and new directors and officers are elected. In the event of a vacancy occurring prior to the fast
meeting the Declarant will appoint a successor.
B. Regular annual meetings subsequent to the first meeting shall be held on the first Wednesday
in March in each year, if not a legal holiday and if a legal holiday, then on the next secular day following,
unless otherwise determined by the Board.
C. All annual meetings shall be held at such hour as is determined by the Board.
D. At the annual meeting, the members shall elect the new members of the Board of Directors
and transact such other business as may properly come before the meeting.
E. Written notice of the annual meeting shall be served upon or mailed to each member entitled
to vote thereafter at such address as appears on the books of the Association, (or if there is no such address,
to the street address of the Unit) at least ten (10) but not more than sixty (60) days prior to the meeting. Each
member shall notify the Secretary of any address change, and the giving of said notice shall be in all respects
sufficient if sent to the address of the member which is then on file with the Secretary. �C E
MAY 2 5 2012

Section 3. Membership List. At least ten (10) but not more than sixty (60) days before every
election of Directors, a complete list of members entitled to vote at said election with residence of each shall
be prepared by the Secretary. Such list shall be produced and kept for said ten (10) days prior to and
throughout the election at the office of the Association, and shall be open to examination by any member
throughout such time.
Section 4. Special Meetin
A. Special Meetings of the members for any purpose or purposes not prescribed by statute, the
Articles of Association, or these By -Laws may be called by the President, by a majority of the Board or at
the request in writing of ten percent (10%) of the members. Such request shall state the purpose or purposes
of the proposed meeting.
B. Written notice of a Special Meeting of members stating the time, place and object thereof
shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the
books of the Association (or if there is no such address, to the street address of the Unit) at least ten (10) days
before such meeting and no more than sixty (60) days before such meeting. If mailed, such notice shall be
deemed to be delivered when deposited in the United States mail, postage prepaid, addressed to the member
at such address as appears on the records of members of the Association.
C. Business transacted at all special meetings shall be confined to the objects stated in the
notice thereof.
Section 5. Quorum. Fifty percent or more ofall members of the Association present in person
or represented by written proxy, shall be requisite to and shall constitute a quorum as otherwise provided by
statute or by these By -Laws. If, however, such quorum shall not be present or represented at any meeting
of the members, the members entitled to vote thereat present in person or represented by written proxy shall
have power to adjourn the meeting from time to time without notice other than announcement at the meeting
until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be
present or represented, any business may be transacted which might have been transacted at the meeting
originally called. If adjournment extends past thirty (30) days, notice of the date on which the adjourned
meeting is to be reconvened shall be given as herein provided for regular meetings.
Section 6. Vote Required to Transact Business. When a quorum is present at any meeting,
a majority of the votes cast in person or represented by written proxy filed with the Secretary in advance of
the meeting shall decide any question brought before the meeting, unless the question is one upon which by
express provision of the statutes, the Declaration of Covenants, Conditions and Restrictions for CARMAR
PARK or these By -Laws a different vote is required in which case such express provision shall govern and
control the division of such question. There shall be no cumulative voting.
Section 7. Right To Vote. Each Lot shall have appurtenant thereto, the following votes: Lot
1 (I vote), Lot 2 (3.5 votes) Lot 3 (3.0 votes) (a number of votes equal to the percentage interest allocated
to such Lots in the Common Elements). At any meeting of the members, every member having the right to
vote shall be entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or
subsequent adjourned meetings thereof. If more than one person or entity owns a lot, they shall file a
certificate with the Secretary naming the person authorized to cast the vote for said lot. If same is not on file,
the vote of any co-owner present who is acceptable to other co -owners of that lot present shall be accepted
as the vote of all co -owners. Any legal entity which is an owner shall have the right to membership in the
Association.
Section S. Waiver and Consent. Whenever the vote of members at a meeting is required or
permitted by any provision of the statutes the Declaration or these By -Laws to be taken in connection with
any action of the Association, the meeting and vote of members may be dispensed with if all members who
would have been entitled to vote upon the action of such meeting if such meeting were held shall consent
in writing to such action being taken.
Section 9. Order of Business. The order of business at annual members' meetings and as far
as practical at other members' meetings will be:
A. Roll call and certification of proxies;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of prior meeting;

D. Officers' reports;
E. Committee reports;
F. Appointment by Chairman of Inspectors of Election;
O. Approval of budget;
H. Elections of directors and officers;
I. Unfinished business;
J. New business;
K. Adjournment.
ARTICLE IV: BOARD OF DIRECTORS
Section 1. Number and Term. The number of directors which shall constitute the whole
Board of Directors (the "Board") shall be three. Until succeeded by directors elected at the first annual
meeting of members, after the expiration of the right of the Declarant to name the majority of the directors,
the directors need not be members; thereafter, all directors shalt be members or in the case of partnership
or limited liability company owners or mortgagees, shall be members or employees of such partnership,
limited liability company or mortgagee, or in the case of corporate owner: or mortgagees, shall be officers,
shareholders, employees, of such corporations, or in the case of fiduciary owner; or mortgagees, shall be
officers, shareholders or employees of such fiduciary.
Section 2. Vacancy and Replacement. Other than a director selected by Declarant, if the
office of any director becomes vacant by reason of transfer of ownership, death, resignation, retirement,
disqualification, removal from office or otherwise, a majority of the remaining directors, though less than
a quorum, at a special meeting of directors duly called for this purpose, shall choose a successor or
successors, who shall hold office for the unexpired term in respect to which such vacancy occurred.
Section 3. Removal. Other than directors selected by Declarant, directors may be removed
with or without cause, by an affirmative vote of a majority of the total membership.
Section 4. Initial Board of Directors. The first Board shall consist of three members to wit:
Jon T. Vincent, Lisa D. Matthis and Richard Mitchell, who shall hold office and exercise all powers of the
board until the initial annual membership meeting, provided, any or all of said directors shall be subject to
replacement in the event of resignation or death as above provided.
Section S. Powers and Duties. The property and business ofthe Association shall be managed
by the Board, which may exercise all Association's powers not specifically prohibited by statute or the
Declaration to which these By -Laws are attached. The powers of the Board shall specifically include, but
not limited to, the following:
A. To make and collect regular and special assessments and estab'.ish the time within which
payment of same are due.
B. To use and expend the assessments collected to maintain, care for and preserve the common
areas and other items more particularly set forth in the Declaration for CARMAR PARK , except those
portions thereof which are required to be maintained, cared for, and preserved by the owners.
C. To purchase the necessary equipment and tools required in the maintenance, care and
preservation referred to above.
D. To enter into and upon the lots when necessary and at as little inconvenience to the owner
as possible in connection with such maintenance, care and preservation.
E. To insure and keep insured the common areas and facilities including the stormwater pond
and common easements in the manner set forth in the Declaration against loss from fire and/orother casualty,
and against public liability, and to purchase such other insurance as the Board may deem advisable, including
insurance against Directors' liability.

F. To collect delinquent assessments by suit or otherwise, abate nuisances and enjoin or seek
damages from owners for violations of these By -Laws and the terms and conditions of the Declaration.
G. To employ and compensate such personnel as may be required for the maintenance and
preservation of the property.
H. To make appropriate changes in the Rules and Regulations for the use of the lots as may be
deemed necessary. Changes not approved at the next meeting of the membership by a majority of the votes
cast shall be invalid from the date of such change.
I. To acquire and/or rent and/or lease a lot in the name of the Association or a designee.
J. To contract for management of Association properties and to delegate to such other parties
all powers and duties of the Association except those specifically required by the Declaration of Covenants,
Conditions and Restrictions for CARMAR PARK to have specific approval of the Board of membership.
K. To carry out the obligations of the Association under any restrictions and/or covenants
running with the land.
L. To designate allocate or assign, as the Board deems appropriate, parking spaces for each lot,
visitors, service vehicles, and other vehicles.
M. To adopt such Rules and Regulations as the Board deems appropriate and to amend said
Rules and Regulations, provided said Rules and Regulations may not be inconsistent with or contrary to these
Bylaws, the Declaration or any existing applicable zoning regulations by any governmental entity having
jurisdiction over the property.
N. To impose a special assessment (against any owner) after notice and opportunity to be heard,
not to exceed one hundred fifty ($150.00) dollars for each occurrence, for the violation by the owner of any
By -Law contained herein, any rule or regulation of the Units, or the breach of any provision of the
Declaration. Such assessment shall be in addition to any costs incurred or to be incurred by the Association
as a result of the violation of the rule, regulation, By -Law, or provision.
O. To propose and adopt an annual budget for the property. Summaries of the adopted proposed
budget shall be provided to all Unit owners within thirty (30) days from adoption and the Board shall set a
date not less than fourteen (14) nor more than thirty (30) days after delivery of the summary for a meeting
of the lot owners to consider ratification of the proposed budget.
P. Institute, defend, or intervene in its own name in litigation or administrative proceedings on
matters affecting the Association.
Q. Make contracts and incur liabilities.
R. Cause additional improvements to be made as a part of the common elements.
S. Grant easements, leases, licenses, and concessions through or over the common elements.
Section 6. Liability. The directors shall not be liable to the owners except for their own
individual willful misconduct, bad faith or gross negligence.
Section 7. Compensation. Neither directors nor officers shall receive compensation for their
services as such, provided that the Association may budget such sums as it may deem appropriate for direct
reimbursement of actual expenses incurred by the directors or officers in behalf of the Association.
Section 8. Meetines.
A. The first meeting of each Board newly elected by the members shall be held immediately
upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or
as soon thereafter as may be practicable. The annual meeting of the Board shall be held at the same place
as the general members' meeting, and immediately before or after the adjournment of same.
B. Special meetings shall be held whenever called by the direction of the President or a majority
of the Board. The Secretary shall give notice of each special meeting either personally, by mail or telegram,

at least three (3) days before the date of such meeting, but the directors may, in writing, waive notice of the
calling of the meeting, before or after such meeting.
C. A majority of the Board members shall be necessary and sufficient at all meetings to
constitute a quorum for the transactions of business, and the act of a majority present at any meeting at which
there is a quorum shall be the act of the Board. If a quorum shall not be present at the meeting, the directors
then present may adjourn the meeting without notice other than announcement at the meeting until a quorum
shall be present.
D. Action taken by a majority of the Directors without a meeting shall constitute Board action
if written consent to the action in question is signed by all the Directors and filed with the minutes of the
proceedings of the Board, whether done before or after the action so taken.
Section 9. Order of Business. The order of business at all meetings of the Board shall be as
follows:
A. Roll call;
B. Proof of notice of meeting or waiver of notice;
C. Reading of minutes of last meeting;
D. Consideration of communications;
E. Elections of necessary directors and officers;
F. Reports of officers and employees;
G. Reports of committees;
H. Unfinished business;
1. Original resolutions and new business;
J. Adjournment.
Section 10. Annual Statement. The Board shall present, no less often than at the annual
meeting, a full and clear statement of the business and condition of the Association, including a report of the
operating expenses of the Association and the assessments paid by each member.
ARTICLE V: OFFICERS
Section 1. Executive Officers. The executive officers of the Association shall be, at a
minimum, a President and Secretary, but may also include a Vice -President and Treasurer; all of whom shall
be elected annually by the Board from the Membership, provided the Office of President and Secretary shall
not be held by the same person. However, the same person may hold the Office of Vice President and
Treasurer or Secretary and Treasurer. Any or all officers may also be directors of the Association.
Section 2. Subordinate Officers. The Board may appoint such other officers and agents from
the membership as they may deem necessary, who shall have such authority and perform such duties as from
time to time may be prescribed by said Board.
Section 3. Tenure of Officers: Removal. All officers shall be subject to removal, with or
without cause, at any time by action of the Board. The Board may delegate powers of removal of subordinate
officers and agents to any officer.
Section 4. The President.
A. The President shall preside at all meetings of the members and directors; he shall have
general and active management of the business of the Association; he shall see that all order and resolutions
of the Board are carried into effect; he shall execute bonds, mortgages, amendments to the Declaration or
By -Laws, deeds of trust and other contracts requiring a seal, under the seal of the Association.
B. He shall have general superintendence and direction of all the officers of the Association,

and shall see that their duties are performed properly.
C. He shall submit a report of the operations of the Association for the fiscal year to the
directors whenever called for by them, and to the members at the annual meeting, and from time to time shall
report to the Board all matters within his knowledge which the interest of the Association may require to be
brought to their notice.
D. He shall be an ex-officio member of all committees, and shall have the general powers and
duties of supervision and management usually vested in the office of the President of an Association.
Section 5. The Secretary.
A. The Secretary shall keep the minutes of the members meetings; and of the Board's meetings
in one or more books provided for that purpose.
B. He shall see that all notices are fully given in accordance with the provisions of these By -
Laws or as required by law.
C. He shall be custodian of the Association's records.
D. He shall keep a register of the post office address of each member, which shall be furnished
to the Secretary by such member.
E. In general, he shall perform all duties incident to the office of Secretary and such other duties
as from time to time may be assigned to him by the President or by the Board of Directors.
Section 6. The Vice -President.
A. The Vice President shall be vested with all the powers and required to perform all the duties
of the President in his absence, and such other duties as may be prescribed by the
Board.
Section 7. The Treasurer.
A. Shall keep full and accurate accounts of receipts and disbursements in books belonging to
the Association, and shall deposit all monies and other valuable effects in the name and to the credit of the
Association, in such depositories as may be designated by the Board.
B. Shall disburse the funds of the Association as ordered by the Board, taking proper vouchers
for such disbursements, and shall render to the President and Directors, at the regular meetings of the Board,
or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition
of the Association. Such records shall be open to inspection by members at reasonable times.
C. May be required to give the Association, at the Association's cost, a bond in a sum and with
one or more sureties satisfactory to the Board, for the faithful performance of the duties of his office, and
the restoration to the Association, in case of his death, resignation or removal from office, of all books,
papers, vouchers, money or other property of whatever kind in his possession belonging to the Association.
D. Shall maintain a register for the names of any mortgage holders or lien holders on lots who
have requested in writing that they be registered and to whom the Association will give notice of default in
case of nonpayment of assessments. No responsibility of the Association is assumed with respect to said
register except that it will give notice of default of any owner in his obligations to the Association to any
registered mortgagee or lienor therein, if so requested by said mortgagee or lienor.
E. With the approval of the Board, he shall be authorized to delegate all or part of his
responsibilities to competent accounting, collection or management personnel, pursuant to written definition
of the responsibilities delegated to, and the condition of performance imposed upon, such personnel, but, in
such event, the Treasurer shall retain supervisory responsibilities.
Section 8. Vacancies. If the office of any director or officer becomes vacant by reason of
death, resignation, disqualification or otherwise, the remaining directors, by majority vote of the remaining
directors provided for in these By -Laws, may choose a successor or successors who shall hold office for the
unexpired term. If the number of directors falls below three, a special members' meeting shall be called for
the purpose of filling such vacancies in the Board of Directors.

Section 9. Resignations. Any director or officer may resign his office at any time, such
resignation to be made in writing, and to take effect from the time of its receipt by the Board of Directors,
unless some later time be fixed in the resignation, and then from that date. The acceptance of a resignation
by the Board shall not be required to make it effective.
ARTICLE VI: NOTICES
Section 1. Definition. Whenever under the provisions ofthe statutes, the Declaration, or these
By -Laws, notice is required to be given to any director or member, it shall not be construed to mean personal
notice, but such notice may be given in writing by mail, by depositing the same in a post office or letter box
in a post paid, sealed envelope, addressed as appears on the books of the Association.
Section 2. Service of Notice - Waiver. Whenever any notice is required to be given under the
provisions of the statutes, the Declaration, or these By -Laws a waiver thereof, in writing, signed by the
person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the
equivalent thereof.
ARTICLE VII: FINANCES
Section 1. Fiscal Year. The fiscal year shall be the calendar year, unless changed by action
of the Board of Directors.
Section 2. Checks. All checks or demands for money and notes of the Association shall be
signed by any one of the following officers: President, Secretary, Vice -President or Treasurer, or by such
officer or officers or persons as the Board of Directors may from time to time designate.
Section 3. Determination of Assessments.
A. The Board shall determine from time to time the sum or sums necessary and adequate for
the common expense of the lots. At the annual meeting of the Association, such budget shall constitute the
basis for all regular assessments for common expenses against lot owners, which assessments shall be due
and payable periodically as determined by the Board. Common expenses shall include expenses for the
operation, maintenance, repair or replacement of the common areas and facilities, costs of carrying out the
powers and duties of the Association, all insurance premiums and expenses from time to time by the Board
of Directors of the Association and all other matters set forth in the Declaration or these By laws.
B. The Board is specifically empowered on behalf of the Association to make and collect
assessments and maintain repair and replace the common areas and facilities. Funds for the payment of
common expenses shall be assessed against the lot owners in the proportions of percentages of sharing
common expenses provided in the Declaration. Assessments shall be payable periodically as determined by
the Board.
C. Special assessments may be imposed as provided in the Declaration under Article V.
D. When the Board has determined the amount of any assessment, the Treasurer of the
Association (or the personnel to whom such authority has been delegated) shall mail or present a statement
of the assessment to each of the assessed owners. All assessments shall be payable to the Association, and
upon request, the Treasurer or his designated agent shall give a receipt for each payment made.
E. The Board may enter into a management contract with third parties to whom the Board may
delegate the power to levy and collect assessments approved by the Board or required by the Declaration.
F. All assessments not paid when due shall bear interest at a rate of 12% per annum and incur
late penalties as set forth in the Declaration in or Bylaws.
Section 4. Excess of Assessments. In any year in which there is an excess of assessments
received over amounts actually used or payable for the purposes described in these By -Laws, and in the
Declaration, such excess shall, unless otherwise determined by the Board of Directors of the Association,
be deposited in a capital reserve account for use in replacement, repair or maintenance of the common areas
and facilities of the Association.
ARTICLE VIII: DEFAULT
Section 1. Enforcement of Lien for Assessments. In the event an owner does not pay any

sums, charges, or assessments required to be paid to the Association by the due date, the Association, acting
on its behalf or through its Board, may enforce its lien for assessments, or take such other action to recover
the sums, charges or assessments to which it is entitled in accordance with the Declaration and the statutes
made and provided or both.
Section 2. Charges for Late Payments, Fines. In the event that any assessments are not paid
within thirty (30) days of the due date, then said assessment shall bear interest at the rate of 12% per annum
until paid. The Board may appoint an adjudicatory panel to determine if a lot owner should be fined, not to
exceed one hundred fifty ($150.00) dollars, for a violation of the Declaration, By -Laws or rules and
regulations of the Association. The panel shall accord to the party charged with the violation notice of the
charge, opportunity to be heard and to present evidence, and notice of the decision. Such a fine shall be an
assessment secured by lien under Article 17 of the Declaration.
Section 3. Governmental Liens and Assessments. In the event that an owner fails to pay any
tax or assessment lawfully assessed by any governmental subdivision within which the property is situated,
by the date such tax or assessment is due, the Board may pay the same from the funds of the Association and
specially assess such owner for the amount paid.
Section 4. Foreclosure. Ifthe Association becomes the owner of a lot by reason of foreclosure,
it shall offer said lot for sale and at such time as a sale is consummated, it shall deduct from the proceeds of
said sale all sums of money due it for assessments, charges, and late fees, all costs incurred in the bringing
of the foreclosure suit, including reasonable attorney's fees, funds necessary to discharge any liens or
mortgages of record, and any and all expenses incurred in the resale of the lot, which shall include, but not
be limited to, advertising expenses, real estate brokerage fees and expenses necessary for repairing and
refurnishing of the lot in question. All monies remaining after deducting the foregoing items of expenses,
costs and other deductions shall be returned to the former owner of subject lot.
Section 5. Other Remedies. In the event of violation of the provisions of the Declaration for
as the same are defined in the Declaration, for ten (10) days after notice from the Association to the lot
owners to correct said violation, the Association, on its own behalf or by and through its Board of Directors,
may bring appropriate action to enjoin such violation or may enforce the provisions of said Declaration or
may sue for damages, or take such other courses of action, or other legal remedy as it or they may deem
appropriate.
Section 6. Legal Costs. In the event any legal action is brought against an owner and results
in a judgment for the Association, the owner shall pay the Association's reasonable attorney's fees, costs of
collection, and Court costs.
ARTICLE IX: JOINT OWNERSHIP
Membership may be held in the name of more than one owner. In the event ownership is in more
than one person, all of the joint owners shall be entitled collectively to only one voice or ballot in the
management of the affairs of the Association, and the vote may not be divided between plural owners. The
manner of determining who shall cast such vote shall be set forth in ARTICLE III, Section 7 of these By -
Laws.
ARTICLE X: INDEMNIFICATION
The Association may secure such insurance as it deems appropriate to insure the directors or officers
of the Association, against all suits or actions arising out of matters performed in their capacity as directors
or officers of the Association including the reasonable expenses including attorney's fees actually and
necessarily incurred by him in connection with the defense or settlement of such action, or in connection with
an appeal therein, except in relation to such matters as to which such director or officer is adjudged to have
been guilty of gross negligence or misconduct in the performance of his duty to the Association.
ARTICLE XI: AMENDMENT
These By -Laws may only be altered, amended or added to at any duly called meeting of the
members; provided (i) that the notice of the meeting shall contain a full statement of the proposed
amendment; (ii) that the quorum requirement for such purposes shall be a majority of all the then members,
in person or by proxy; (iii) that there be an affirmative vote of owners holding not less than two-thirds of the
qualified votes of members represented at such quorum; and (iv) that there is or has been affirmative vote
of the Board of Directors. ARTICLE III, Section 2A may not be amended without express approval of
Declarant, as defined in the Declaration. No amendment to these By -Laws shall be passed which would

operate to impair orprejudice the rights and/or liabilities of any mortgagees, and no amendment shall become
operative unless set forth in an Amended By -Laws and duly recorded. All lot owners shall be bound to abide
by any amendment upon the same being passed and duly set forth in an Amended By -Laws, duly recorded
in the Office of the Register of Deeds of New Hanover County, North Carolina.
ARTICLE XII: CONTRACTS NOT BINDING
The Association shall not be bound, either directly or indirectly, to contracts or leases, including
management contracts, unless there is a right of termination of any such contract or lease, without cause,
which is exercisable without penalty at any time after transfer of control of the Association from the initial
directors to the lot owners, and upon not more than 90 days notice to the other party.
ARTICLE XIII: RIGHT TO INFORMATION AND FINANCIAL STATEMENT
The Association shall make available to any lot owner, any lender, and to holders, insurers or
guarantors of any first mortgage, current copies of the Declaration, By -Laws, and other rules concerning the
project, and the books, records, and financial statements of the Association.
ARTICLE XIV: DISTRIBUTION OF ASSETS IN EVENT OF TERMINATION
No part of the net earnings of the Association shall inure to the benefit of any officers, directors or
members of the Association and in the event of dissolution of the Association, the assets thereof shall, after
all of its liabilities and obligations have been discharged or adequate provisions made therefor, be distributed
to any association or associations organized for purposes similar to those set forth in the Articles of
Incorporation for the Association.
ARTICLE XV CONSTRUCTION
Wherever the masculine singular form of the pronoun is used in these By -Laws, it shall be construed
to mean the masculine, feminine or neuter, singular or plural, where the context so requires.
Should any of the covenants herein imposed be void or be or become unenforceable at law or in
equity, the remaining provisions of this instrument shall nevertheless be and remain in full force and effect.
The foregoing were adopted as the By -Laws of CARMAR PARK ASSOCIATION at the first
meeting of its Board of Directors.
IN WITNESS WHEREOF, the first Board ofDirectors have hereunto set their hands and seals, this
the day of October, 2011.
Director
Director
Director
Certified to be correct, this the day of October, 2011.
SECRETARY OF THE MEETING OF THE FIRST
BOARD OF DIRECTORS OF CARMAR PARK
ASSOCIATION.

ARTICLES OF INCORPORATION
OF
CARMAR PARK ASSOCIATION
The undersigned, being of the age of eighteen years or more does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation under
and by virtue of the laws of the State of North Carolina.
ARTICLE I
NAME
The name of the corporation is CARMAR PARK ASSOCIATION.
ARTICLE II
The period of duration of the corporation is perpetual. MAY 2 5 2012
ARTICLE III -_-_--
The purposes for which the corporation is organized are to engage in any lawful act or activity
for which corporations may be organized under this Chapter, including, specifically, the maintenance
of the Owners Association of CARMAR PARK, located in New Hanover County, North Carolina.
ARTICLE IV
The corporation shall have members which may be divided into such classes as shall be
provided in the By -Laws. All members shall be accepted, appointed, elected, or designated in the
manner provided in the By -Laws.
ARTICLE V
The Directors of the corporation shall be elected or appointed in the manner and for the terms
provided in the By -Laws.
ARTICLE VI
No part of the net earnings of the corporation shall inure to the benefit of any officer, director,
or member of the corporation; and upon dissolution of the corporation the assets thereof shall, after
all of its liabilities and obligations have been discharged or adequate provision made therefor, be
distributed to any association or associations organized for purposes similar to those set forth in
ARTICLE III hereinabove, all as more particularly provided in the By -Laws of the corporation.

ARTICLE VII
The address of the initial registered office of the corporation in the State of North Carolina
is 1508 Military Cutoff Road, Suite 302, New Hanover County, North Carolina 28403; and the name of its
initial registered agent at such address is Jon T. Vincent.
ARTICLE VIII
The number of Directors constituting the initial Board of Directors shall be three (3); and the
names and addresses of the persons who are to serve as initial Directors are:
NAME ADDRESS
Jon T. Vincent 1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Lisa D. Mathis 1508 Military Cutoff Road, Suite 302
Wilmington, NC 28403
Richard Mitchell 8526 Reisling Avenue
Wilmington, NC 28411
ARTICLE IX
The street address and county of the principal office of the corporation is: 1508 Military
Cutoff Road, Suite 302, Wilmington, NC 28403
ARTICLE X
The name and address of the incorporator is:
James A. MacDonald
1508 Military Cutoff Road, Suite 102
Wilmington, North Carolina 28409
This the _eday of October, 2011.
amen A. MacDonald
Incorporator

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TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
May 25, 2012 C'D MAY 2 0
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Kelly Johnson
Re: Carmar Park (formerly Market Street Business)
Permit No. SW8 000647
TE 11039
Dear belly:
We are requesting a transfer of owner ship and modification to existing permit
SW8 000647 for Market Street Business now known as Carmar Park. Enclosed please
find the following items for review:
• 2 sets of plans
• $505 check
• Stormwater Permit Name/Ownership Change Form
• Engineer's Certification
• Stormwater application — one original and one copy
• Wet Detention Basin Operation and Maintenance Agreement
• Narrative
• USGS map
• Secretary of State info for corporation
• Copy of the Declarations
Please review for approval and contact us with any questions, comments or if
you need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Della Baird
Enc.

Completeness Review Checklist
Project Name: (lgsms X-Lc V- [ NcV-kN 5-r Received Date: 5 f .X I
Project Location: 7Lin- Accepted Date: 5 �Jmw : i �
Rule(s) 1:12008 Coastal P1995 Coastal Phase II (WiRO) ❑Universal ®1988 Coastal
Type of Permit: New or o or PR Existing Permit # (Mod or PR): OCC& -7 MPE Cert on File?
Density: Hb or LD Type: Commercial or Residential EINCG:
%: M(% OK? Stream Class: ®SA Map 1®Offsite to SW8
Subdivided?: ubdivisio or Single Lot ~� , yq � MORW Map 1 oExempt
Paper ork .51cAQ Emailed Engineer on: sjag �I� N 4 (Q r
Supplements) (1 original per BM Cx V BMP Type(s).
&M with correct/original signatures (1 original per BMP except LS/VFS and swales) CI
Application with correct/original signatures f t�olr or Soy
®Corp or LLC: Sig. Auth. per SoS or letter ote to Reviewe 5\01D TO du�yD�� DE
505 (within 6mo)
i'arn� furs htpnc
Soil Report with SHWT r j _ W- CEQrF C�
Calculations (signed/sealed) i C`'
No obvious errors +
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Density includes common areas, et
®Deed Restrictions, if subdivided: ^, AJ VC A 4S>r. �*
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Plans
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®Grading
®Vicinity Map
®Legend
Infiltration
Soils Report
SHWT:
Bottom:
Additional Information:
Permitted
BUA (so
DA (so
PP (el)
SHWT (el)
Depth (ft)
SA (so
®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings,
Wetlands: Delineated or No Wetlands
Layout (proposed BUA dimensions)
DA Maps El Project Bou
Wet Pond
®Soils Report
SHWT:
PP:
Proposed:
Offske
OPE Cert for Master
Deed Rest for Master
BUA Permitted (Master):
BUA Proposed (Offsite):
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
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SFOR RE hTRRTION RESISTER OF MD-
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11"r # 3,4119102
DECLARATION OF EASEMENTS, COVENANTS AND CONDITIONS
FOR
CARMAR PARK
THIS DECLARATION OF EASEMENTS, COVENANTS AND CONDITIONS FOR
CARMAR PARK, made on the date hereinafter set forth by MARKET AUTO PROPERTIES, LLC, a
North Carolina limited liability company, (hereinafter "Market Auto"), GULF, WORSLEY & COWPER
PROPERTIES, LLC, a North Carolina limited liability company, (hereinafter "GWC" ), collectively
"Declarant"), and MITCHELL FAMILY, LLC, a North Carolina limited liability company, (hereinafter
"Mitchell'I
WITNESSETH
WHEREAS, Market Auto and GWC own lots shown as Tract 1, 2 and the Stormwater Pond
Common Area Tract as shown on a recombination map recorded in Map Book -5fL-- at Page 160 of the
New Hanover County Registry, (hereinafter the "Map"), and
WHEREAS, Mitchell has acquired Tract 3 as shown on the recombination map as recorded in
Map Book 5-(—at Page 1fiQ, of the New Hanover County Registry, and loins in this Declaration for the
purpose of subjecting Tract 3 to the common scheme of development set out herein, and
WHEREAS, the Declarant desires to develop all of the property under a common scheme of
development such that they will share certain storm water facilities and access and utility easements, and
NOW, THEREFORE, Declarant and Mitchell hereby declares that all of the Properties
described above shall be held, sold and conveyed subject to the following easements, restrictions, rights
and responsibilities, which are for the purpose of protecting the value and desirability of, and which shall
run with the real property and be binding on all parties having any right, title or interest in the described
Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each
owner thereof
ARTICLE i
DEFINITIONS
SECTION 1 "Association" shall mean and refer to CARMAR PARK ASSOCIATION, its
successors and assigns
SECTION 2 'Building" shall mean and include, but shall not be limited to, both the main
portion of a structure built for permanent use and all projections or extensions thereof, including, but not
limited to, garages, outside Platforms and decks, canopies, porches and outbuildings
SECTION 3 "Common Area" and "Common Easements" "Common Area" and/or "Common
Facilities", which terms may be used interchangeably, shall mean and refer to all common facilities
designated as such, now or in the future, by Declarant for the common use and enjoyment of all of the
Owners in accordance with this Declaration and shall specifically include the following
a All Access Easements, Drainage Easements and Utility Easements as depicted on the
Map,
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b All stormwater and drainage facilities identified and described in the stormwater
permit issued to Declarant for development of the Property, including the existing
Stormwater Facility as depicted upon the Map,
c All roads now or hereafter constructed upon the Property and reasonably intended to
be used for ingress and egress to; from and through the Property as shown, and
d Any and all utility installations located upon the Property reasonably designed and
constructed for use by two or more Parcels, including but not limited to all
stormwater piping and facilities transporting water to and from the stormwater pond
SECTION 4 "Declarant" shall mean and refer to Market Auto and GWC, either individually or
collectively, for so long as said Market Auto or GWC owns any of the Properties
SECTION 5 "Improvements" shall mean and include, but shall not be limited to, buildings,
outbuildings, roads and driveways (other than those dedicated to public use), parking areas, fences,
screened walls, retaining walls, loading areas, signs, utilities, lawns, landscaping, irrigation and walkways
located on Lots, together with any construction work or treatment done or applied to a Lot in connection
therewith, including, any storm water drainage lines or facilities and any piping related thereto
SECTION 6 "Lot" or "Tract" shall mean and refer to any numbered or lettered plot of land
shown upon the Map Within the context of this Declaration, the terms Lot or Tract shall be used as
interchangeable terms
SECTION 7 "Members" shall mean and refer collectively to the Members of the Association
SECTION 8 "Occupant" shall mean any person or entity who occupies, or who has the right to
occupy, all or part of any Lot which is a part of the Properties, whether such occupancy or right of
occupancy is based on ownership, lease, license or easement
SECTION 9 "Owner" shall mean and refer to the record Owner, whether one or more persons
or entities, of a fee simple title to any Lot, or any portion thereof, which is a part of the Properties,
including contract sellers, but excluding those having such interest merely as security for the performance
of an obligation
SECTION 10 "Properties" shall mean and refer to that certain real property hereinabove
described, and such additions thereto as may hereafter be bought within the jurisdiction of the Association
and this Declaration
ARTICLE II
PROPERTY RIGHTS
SECTION 1 OWNERS' EASEMENTS OF ENJOYMENT Every Owner shall have a right
and easement of enjoyment in and to the Common Easements which shall be appurtenant to and shall pass
with the title to every Lot, subject to the following provisions
(a) the right of the Association to permit the use of and to charge reasonable fees for the use
and maintenance of the Common Easements,
(b) the right of the Association to suspend the voting rights of an Owner or Occupant for any
period during which any assessment against his Lot remains unpaid or for any infraction of its published
rules and regulations,
(c) the right of the Association to grant easements and rights of way, to dedicate or transfer
all or any part of the Common Easements to any public agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by the Association consistent with the terms of this
Declaration and the Articles and bylaws of the Association Provided, however, that no dedication or
transfer of any Common Area shall be effective unless an instrument signed by two-thirds (2/3) of the
Members
(d) the right of the Association to impose regulations for the use and enjoyment of the
Common Easements and any improvements thereon, which regulations may further restrict the use of the
Common Easements, and
(e) the right of the Association, in accordance with its Articles and Bylaws, to borrow money

for the purpose of maintaining and /or improving the Common Easements and facilities thereon
SECTION 2 EASEMENTS Declarant hereby grants a perpetual non-exclusive easement to
the Association over and across the Existing 50' wide ingress/egress access and utility easement depicted
on the Map Declarant hereby grants said Easements to the Association, its members, occupants,
successors and assigns as shown on the Map In consideration for the perpetual easement, over and
across said Easements, the Association shall be responsible for maintenance costs (including the cost of
any capital improvements) of said easements Such expense shall be part of the common expenses of the
Association, payable by the lot owners as part of the Annual Assessments and/or Capital Improvement
Special Assessment prorated among and levied against the Lots in accordance with the formula
established in SECTION 5 of ARTICLE V ofthis Declaration
SECTION 3 DELEGATION OF USE Any Owner may delegate, in accordance with
this Declaration, his rights of use and enjoyment of the Common Easements and its facilities to an
occupant
SECT[ 4 LEASES OF LOTS Any lease agreement between an Owner and a lessee for
the lease of such Owners lot or any part thereof (including a lease of all or a portion of a Building
constructed on a Lot) shall provide that the terms of the lease shall be subject in all respects to the
provisions of this Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation
and Bylaws of the Association and that any failure by the lessee to comply with the terms of the
Declaration, Articles, Bylaws shall be a default under the terms of the lease All leases of Lots, Buildings
or any portions thereof shall be in writing Provided, however, that as between the Association and a lot
Owner, no lease agreement shall release the Lot Owner from ultimate responsibility for payment of all
assessments due against that Owner's Lot Other than the foregoing, there are no restrictions on the right
of any Owner to lease his lot
ARTICLE III
COMMON EASEMENT MAINTENANCE AND MANAGEMENT
After obtaining approval from DENR for transfer of the stormwater pond system at its expense,
then Market Auto and GWC covenants thz themselves, their successors and assigns, that they shall
convey to the Association the Stormwater Permit SW8000647 The Association shall accept the
conveyance and immediately become responsible for all maintenance and operation of such properties In
addition, Market Auto, GWC, and the Mitchell Family, LLC agree and covenant that the Lots subject to
the Declaration shall also be subject to the Common Easements as hereinafter set out
(a) a perpetual non-exclusive easement over the 50' Access, Drainage and Utility Easements
and the Stormwater Detention Pond Lot as shown on the Map
(b) a perpetual non-exclusive easement to utilize the storm water transmission and retention
facilities, including the Stormwater Pond as shown on the Map
(c) Common Areas designated as such on the Map recorded as to the Properties
(d) Any easements as shown on the Properties
Any future transfers of the Lots shall be subject to the provisions of this Declaration and to all
easements and encumbrances, rights-of=way and restrictive covenants of record at the time of the
conveyance
The record title holder of the pond reserves the right to transfer the fee ownership of the pond as
described on the Map to the Association at such time the pond has been approved for transfer under the
existing governmental regulations then in force for subdivision of parcels of land and no later than 60
days after the sale of the last Lot by the Declarant
Once Market Auto and GWC provide the Association with written certification from DENR that
the stormwater system is in compliance and contemporaneously with the transfer of the stormwater
facilities to the Association, the Board of Directors for the Association shall sign acceptance of the
Stormwater Pond Permit transfer and the Association agrees that it will indemnify and hold the Declarant
harmless from any costs expense or loss associated with the Stormwater Pond after the tender of the
Stormwater Pond Permit to the Association as set forth in this Article
Market Auto and GWC shall be responsible for the repair of the stormwater system necessary for
the transfer of the stormwater permit to the Association, and for the costs to prepare the stormwater
system and facilities for certification by DENR and for transfer to the Association
3

ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
SECTION 1 MEMBERS Every Owner of a Lot which is subject to a lien for assessments
shall be a Voting Member of the Association An Owner may assign in writing his membership voting
rights to an Occupant upon such terms as the Association may prescribe Otherwise, membership and
voting rights shall be appurtenant to, and may not be separated from, ownership of any Lot which is
subject to assessment, provided, however, that no such assignment shall affect the obligation of the owner
to pay the assessments described in ARTICLE V hereof
LOT VOTES
Tract 1 1
Tract 2 35
Tract 3 3 0
Total Votes 75
In the event a Lot recombination or resubdivision is approved as set out in SECTION 2 of
ARTICLE VII of this Declaration, votes among or between the recombined or resubdtvided Lot shall be
reallotted by the Board of Directors, in its sole discretion, however, that any such vote reallocation shall
not increase or decrease the proportionate voting share of any lots not then being resubdivided or
recombined
When more than one person holds an interest in any Lot, all such persons shall be Members The
vote or votes for such Lot shall be exercised as they among themselves determine, but in no event shall
multiple Owners of a Lot be entitled to cast more than the vote allotted to such Lot
SECTION 2 DECLARANTS RIGHT TO SELECT DIRECTORS Notwithstanding anything
to the contrary herein, until 2 or more of the Lots as shown on the Map referred to in this Declaration
have been conveyed to Owners other than Declarant, or until January 1, 2014, whichever occurs first,
Declarant shall have the right to designate and select a majority of the Board of Directors of the
Association Whenever Declarant shall be entitled to designate and select any person to serve on any
Board of Directors of the Association, the manner in which such person shall be designated shall be
provided in the Articles of incorporation and/ or Bylaws of the Association Declarant shall have the
right to remove any person selected by it to act and serve on said Board of Directors and to replace such
person with another person to act and serve in the place of any Director so removed Any Director
designated and selected by Declarant need not be the Owner or Occupant of a Lot in the Properties Any
representative of the Declarant serving on the Board of Directors of the Association shall not be required
to disqualify himself from any vote upon any contract or matter between Declarant and the Association
where Declarant may have a pecuniary or other interest Similarly, Declarant, as a Member of the
Association, shall not be required to disqualify itself upon any contract or matter between the Declarant
and the Association where Declarant may have a pecuniary or other interest
SECTION 3 OWNERS' RIGHT TO SELECT DIRECTORS Upon the conveyance by
Declarant of 2 or more of the Lots shown on the Map to Owners other than Declarant, then a meeting to
elect a new Board of Directors for the Association shall be held within 30 days and each Owner shall
have the right to appoint one Director per Lot to the Board of Directors, which Directors will
subsequently hold office pursuant to the Association's bylaws
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
SECTION I CREATION OF THE LiEN AND PERSONAL OBLIGATION OF LOT
OWNERS FOR ASSESSMENTS The Declarant, for each Lot owned within the Properties, and each
Owner of any Lot or portion thereof, by acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association, (1) Annual
Assessments or charges, (2) Special Assessments for capital improvements and/ or for such assessments
to be established and collected as hereinafter provided, (3) any fine, charge or late fee which may be
levied by the Association against an owner pursuant to the provisions of this Declaration, (4) to the
appropriate governmental taxing authority (a) a pro rate share of ad valorem taxes levied against the
Common Area, if any, and (b) a pro rata share of assessments for public improvements to or for the
benefit of the Common Area if the Association shall default on the payment of either or both for a period
of (6) months, and (5) such amounts as may be necessary to secure a liability insurance policy in a

minimum amount of $1,000,000 00 for each incident insuring the Association and each Owner from any
liability ansing from the Common Easements including but not limited to the stormwater pond, all as
hereinafter provided Such annual and special assessments, and any fine, late fee or other charge, together
with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing
lien upon the property against which each such assessment, fine, late fee or charge is made Each such
assessment, fine or late fee and charge together with interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the entity which was the Owner of the Lot at the time when the
assessment, fine, late fee or charge fell due The personal obligation of a Lot Owner for delinquent
assessments shall not pass to its successors in title unless expressly assumed by them
SECTION 2 PURPOSE OF ASSESSMENTS
(a) The assessments levied by the Association shall be used exclusively to promote the
health, safety and welfare of the Members of the Association, their Occupants, lessees and employees and
in particular for the improvements and maintenance of properties, services and facilities devoted to this
purpose or for the use and enjoyment of the Common Easements, including but not limited to, the cost of
repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision,
the payment of taxes assessed against the Common Easements, the maintenance of private streets (as
required in SECTION 2 of ARTICLE II of this Declaration), storm water run-off facilities, detention
ponds, fences, walls and other elements of the Common Easements, the procurement and maintenance of
liability insurance for the Stormwater Pond and all Common Easements in accordance with the Bylaws,
the payment of charges for street lights located in the Common Easements, the payment of charges for
water and sewer services furnished to the Common Easements, the employment of attorneys and other
professionals to represent the Association when necessary, and such other needs as may arise
(b) 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 Properties, or to the proper undertaking of all acts and duties imposed upon it
by virtue of this Declaration, the Articles of Incorporation and the Bylaws of the Association As monies
for any assessment are paid into the Association by any Member, the same may be commingled with
monies paid to the Association by the other Members Although all funds and common surplus, including
other assets of the Association, and any increments thereto or profits derived therefrom 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 an Owner shall cease to be a Member of the Association by reason of his
divestment of ownership of his Lot, by whatever means, the Association shall not be required to account
to such Member for any share of the funds or assets of the Association, or which may have been paid to
the Association by such Member, as all monies which any Member has paid to the Association which
may be used in the operation and management of the Properties and/ or the Common Easements
SECTION 3 ANNUAL ASSESSMENTS FOR LOT OWNERS The Association shall
levy, in each calendar year, Annual Assessments for the purpose of maintaining and operating all portions
of the Common Area including utility cost, fixtures and personal property related thereto Such Annual
Assessments shall be levied only against the Lots and Lot Owners thereof Until December 31 of the
second year following the conveyance of the first Lot to an Owner other than the Declarant, the Annual
Assessment shall be $1,000 00 per vote (as assigned in SECTION 1 of ARTICLE IV above Based on an
initial budget of $7,500 00 per year) In subsequent years, the amount of the Annual Assessment shall be
as established by the Board of Directors, in its reasonable discretion, and may be increased or decreased
from year to year by the Board, without consent of Lot Owners, so long as any increase does not exceed
109/6 from the prior year Provided if the increase does exceed 10% from the prior year said increase shall
be approved by a majority of the lot owners
SECTION 4 CAPITAL IMPROVEMENT SPECIAL ASSESSMENTS In addition to the
annual assessments authorized above, the Association may levy, in any calendar year, a special
assessment for the purpose of defraying in whole or in part the costs of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Area including fixtures and personal
property related thereto, provided that any such assessment shall be approved by two-thirds vote of the
Members who are voting in person or by proxy at a meeting duly called for this purpose The Capital
Improvement Special Assessments shall be levied against each Lot in the same manner as Annual
Assessments, as set forth in SECTION 5 below
Written notice of any meeting called for the purpose of taking any action authorized under this
SECTION 4 shall be sent at least ten (10) days but not more than sixty (60) days in advance of the
meeting At the first such meeting called, the presence of Voting Members or the proxies entitled to cast
twenty percent (20%) of the votes of the membership shall constitute a quorum if the required quorum is
not present, another meeting may be called subject to the same notice requirement, and the required

quorum at the subsequent meeting shall be one-half (%) of the required quorum at the preceding meeting
No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting
SECTION 5 RATE OF ASSESSMENTS The Annual Assessments and Capital improvement
Special Assessments shall be levied against the Lots so that each Lot's portion of the assessment bears the
same relationship to the total assessment as such Lot's appurtenant vote in the Association bears to the
total number of votes then outstanding in the Association (For example, if a Lot has one (1) vote in the
Association out of a total of three (3) possible votes, such Lot and its Owner would be liable for one-third
(1/3) of any assessment
SECTION 6 DATE AND COMMOCEMENT OF ANNUAL ASSESSMENTS DUE
DATES The Annual Assessments provided for herein shall be collected on an annual basis, or other
periodic basis established by the Board, and shall commence as to each Lot, on the date the Declarant
conveys any lot to another party The first annual assessments shall be adjusted according to the number
of months remaining in the calendar year At least thirty (30) days in advance of each annual assessment
period, the Board of Directors shall fix the amount of the Annual Assessment applicable to every Owner
subject thereto The due dates for all such annual assessments shall be December 1 of each year, or such
other date as established by the Board of Directors 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 has been paid
SECTION 7 EFFECT OF NONPAYMENT OF ASSESSMENTS LATE FEES REMEDIES
OF THE ASSOCIATION Any assessment not paid within thirty (30) days after the due date shall bear
interest from the due date at the rate of twelve percent (12%) per annum In addition, the Association
may impose a late fee of $15 00 per month for each month any assessment remains unpaid for 30 days
after its due date per delinquent assessment per Lot The Association may bring an action at law against
the Owner personally obligated to pay the same or foreclose the lien created herein against the property in
the same manner as created herein against the property in the same manner as prescribed by the laws of
the State of North Carolina for the foreclosures of deeds of trust, and late fees, interest, costs and
reasonable attorneys fees for representation of the Association in such action of foreclosures shall be
added to the amount of such assessment No Owner may waive or otherwise escape liability for any
assessment provided for herein by non-use of the Common Area or abandonment of his Lot, nor shall
damage to or destruction to any improvements on the Common Area, or any Lot by fire or other casualty
result to any abatement or diminution of the assessments provided herein
SEMQN S EFFECT OF DEFAULT IN PAYMENT OF AD VALOREM TAXES OR
ASSESSMENTS FOR PUBLIC IMPROVEMENTS BY ASSOCIATION Upon default by the
Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied
against the Common Area or assessments for public improvements, which default shall continue for a
period of six (6) months, each Owner of a Lot shall become personally obligated to pay to the taxing or
assessing governmental authority a portion of such unpaid taxes or assessments in an amount determined
by dividing the total taxes and/or assessments due the governmental authority among the Owners in
accordance with the formula established in SECTION 5 of this ARTICLE If such sum is not paid by the
Owner within thirty (30) days following receipt of notice of the amount due, then such sum shall become
a continuing lien on such Lot and the taxing or assessing governmental authority may either bring an
action at law or may elect to foreclose the lien against such Lot in accordance with foreclosure actions set
forth in N C G S & 45 et seq
The Declarant and the Lot Owners shall direct the tax office to have the value of the Stormwater
Pond Common area and the Common Easements proportionately added to the three tracts shown as Tract
1, 2 and 3 on the Map, said proportion to be allocated for each tract as follows the numerator will be the
acreage for the individual tract (i a Tract I is 10 acre) and the denominator will be the total area of all the
tracts (7 5 acres)
SECTION 9 SUBORDINATION OF THE LIEN TO MORTGAGES The liens provided for
herein shall be subordinate to the lien of any first mortgage or deed of trust Sale or transfer of any Lot
shall not affect the assessment lien or liens provided for in the preceding section No such sale or transfer
shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof,
but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage or deed
of trust
ARTICLE VI
USE AND MOROVEMENTS; RECOMBINATION OR SUBDIVISION OF LOTS
SECTION 1 LAND USE AND BUILDING TYPE Ali Lots shall be used for business or

commercial purposes as permitted by law except to the extent that any portion thereof is utilized for
stormwater pond use or for access and utility easements
SECTION 2 RECOMBINATION AND SUBDIVISION OF LOTS No Lots shall be
combined nor shall any Lots be further subdivided from that shown on the recorded Plat(s) of the
Properties unless the prior written consent of Declarant is obtained Any permitted recombination or
subdivision shall meet all applicable requirements of New Hanover County In the event of any other
permitted recombination or resubdivision, the Board of Directors of the Association shall reallocate the
vote so that it shall allocate the vote based on 10 vote rounded to the nearest 0 5 acre owned (e g if 1 5
acres and 1 5 acres are recombined into one 3 0 acre tract - the vote of the surviving tract would be 3 0)
ARTICLE VD
UTILITY, DRAINAGE AND ACCESS EASEMENTS;
STORMWATER REGULATIONS, ALLOCATION OF IIMMVIOUS SURFACE,
EMERGENCY EASEMENT
SECTION 1 UTILITY AND DRAINAGE EASEMENTS Easements for installation and
maintenance of utilities, dramage facilities and buffers are shown as indicated on recorded Map or
attached Exhibits Within all such drainage and utility easements no structures, planting or other material
shall be placed or permitted to remain which may interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage channels in the drainage easements, or
which may obstruct or retard the flow of water through drainage channels in the easements Provided,
however, that Lot Owners may install landscape planting, parking areas and driveways within easement
areas, if such planting, parking areas and driveways do not interfere with the installation or maintenance
of the utilities, or interfere with or change the direction of flow of water in drainage channels, and
provided that it shall be the responsibility of the Lot Owner to remove and to repair or replace such
plantings or paved areas if necessary to allow access to the easement area for maintenance and repairs
An easement is hereby established for the benefit of the City of Wilmington and New Hanover
County (and any other person or firm providing services to the Properties under agreement with or at the
direction of the Association) over all Common Areas as may be reasonably necessary for the setting,
removal and reading of electric and water meters, and the maintenance and replacement of electric, water,
sewer and drainage facilities and for the electric, water, sewer and drainage facilities and for the fighting
of fires and collection of trash The Association shall have the power and authority to grant and establish
upon, over and across the Common Areas such additional easements as are necessary or desirable for the
providing of service or utilities to the Common Areas, Lots or Affiliate Lots
Furthermore, in addition to the foregoing reserved specific easements, the Declarant, so long as it
appoints a majority of the Board of Directors of the Association, and thereafter the Association, may cut
and create drains and dramways along, over or across any Lot, both above ground and underground, for
the purpose of facilitating the removal of surface water whenever such action may appear to be necessary
in order to maintain reasonable standards of health, safety and appearance of the Properties
These reservations of easements expressly include the right to out any trees, bushes, shrubs or
growth, to grade, cut or ditch the soil and to take any other action necessary to complete installation,
and/or to repair and maintain the utilities and facilities located therein
SECTION 2 ENFORCEMENT OF STORM WATER RUNOFF REGULATIONS The
following covenants are intended to ensure ongoing compliance with State Storm Water Management
Permit Number SW8000647 as issued by the Division of Water Quality under NCAC 214 1000
(a) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the storm water management permit
(b) These covenants are to run with the land and be binding on all persons and parties
claiming under them
(c) The covenants pertaining to storm water may not be altered or rescinded without the
express written consent ofthe State of North Carolina, Division of Water Quality
(d) Alteration of the drainage as shown on the approved plan may not take place without the
concurrence ofthe Division of Water Quality
(e) The existing Stormwater Control Permit has been designed to handle the runoff from

221,369 square feet of impervious area The build upon area for future development is limited to 90,000
square feet The permit shall allow for drainage to the pond of up to 18,000 square feet from off site
stormwater attributable to Mitchell, Taylor and Jordan properties on the South side of Tract 2 The
impervious surface allocations will be made in accordance with the acreage contained in each tract as the
numerator and the total acres within the lots defined as subject to this declaration as the denominator
multiplied by the available impervious surface This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that noroo�, 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
(f) All runoff from the built -upon areas on the lot must drain into the permitted system This
may be accomplished through providing roof dram gutters which dram to the street, grading the lot to
drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the storm
water system or into the street Lots that will naturally drain into the system are not required to provide
these additional measures
SECTION 3 ALLOCATION OF ALLOWED IMPuRVIOUS SURFACE UNDER THE
STORMWATER PERMIT All of Tracts 2 and 3 and a portion. of Tract 1 are subject to the stormwater
control permit as set forth herein The permit allows a maximum total of 203,369 square feet of
impervious surfaces on the property The impervious surface shall be allocated as follows
Tract 2 - 109,311 53 75%
Tract 3 - 83,890 41 25%
Tract 1 10,168 500%
SECTION 4 EMERGENCY EASEMENT In the event of any emergency originating within a
Lot, which emergency threatens other Lots, the owners or occupants thereof and/or the Common Area,
the Association is hereby granted an easement on and over all Lots for the purpose of remedying or
abating the cause of such emergency All costs incurred by the Association in remedying or abating the
cause of such emergency shall be reimbursed by the owner of the Lot upon which the emergency
originated, and such costs shall be a charge on the land and the personal obligation of the owner of the
Lot enforceable as an assessment pursuant to the provisions of ARTICLE V of the Declaration
SECTION 5 RELOCATION OF STORMWATER DRAINAGE OUTFLOW PIPE The Owner
or its successors and assigns of Tract 3 shall have the right to relocate the drainage outflow pipe for the
Stormwater Pond which currently crosses Tract 3 to another location within the boundaries of Tract 3 or
to install another drainage outflow pipe for the Stormwater Pond which would drain southwardly from the
Stormwater Pond crossing the Common Area Tract to empty into an eighty foot (80) drainage easement
adjacent to the southern boundary of the Pond, provided that the owner of Tract 3 must comply with all
stormwater and city regulations then in place In the event of relocation of the stormwater drainage
outflow pipe, the abandoned stormwater drainage pipe easement would be relinquished upon the
acceptance of the replacement stormwater drainage pipe easement by the Association Any relocation or
installation of such stormwater pipe, including any necessary modifications to the stormwater permit,
shall be made at the sole cost and expense of the Owner of Tract 3
ARTICLE VIII
MISCELLANEOUS
SECTION 1 ENFORCEMENT The Association, and any Owner or Occupant, shall have the
right to enforce, by any proceeding at law or equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of the Declaration, the Articles of
Incorporation or Bylaws of the Association Failure by the Association or by any Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
thereafter The Association shall have the right to request that law enforcement, public safety and animal
control officers come on the Properties to facilitate the enforcement of the laws, codes and ordinances of
any governmental authority
SECTION-1 SEVERABILITY Invalidation of any one of the covenants or restrictions by
judgment or court order shall not affect any other provision which shall remain in full force and effect
SECTION 3 AMENDMENT The covenants and restrictions of this Declaration shall run with
and bind the land for a term of twenty (20) years from the date this declaration is recorded, after which
time they shall be automatically extended for successive periods of ten (10) years This Declaration may
be amended by an instrument signed by (a) owners holding at least sixty-seven percent (67%) of the then
outstanding votes in the Association, and (b) Declarant, for so long as Declarant has the right to select a

majority of the members of the Board of Directors of the Association, provided that no amendment shall
alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided,
or affect any lien for the payment thereof established herein Any amendment must be properly recorded
in the New Hanover County public records, and must refer to the recording data for this Declaration
Notwithstanding anything in this SECTION 3 to the contrary, no consent by Members shall be
required to amend this Declaration in connection with any of the following matters
(a) the reallocation of votes among Lots occasioned by Lot recombinations and/or
resubdnnsions, as set out in SECTION 1 of ARTICLE IV of this Declaration
SECTION 4 ANNEXATION OF RESIDENTIAL LOTS ON EASTERN SIDE OF
STOJJJyIWATER POND There are three small residential lots on the eastern side of the Stormwater
Pond for which the existing Stormwater Pond allocated drainage capacity of 18,000 square feet in the
event that any of the three residential lots shall connect and dram to the common stormwater pond which
is designated in this Declaration, then said residential lot shall automatically be annexed and subjected to
this Declaration and shall be subject to assessments as provided herein and shall be allocated a vote of one
half of one (0 S) vote per residential lot

IN WIT�SS
instrument to be xeci
DECLARANT• 1
Gulf, orsley owpi
a No imit
By. iA
Jon t, a
Mi shell F tly, LLC
a rth Ca a;Jimit
By
WHEREOF, tKe undersigned, being the Declarant herem, has taus this
ted by its du authorized manager this the ay pf October, 20
is, LLC. Mark Auto P relies, L;.
company a Nort fins limits is lily company
By
STATE WN RTH CAROLiNA
COUNTY O-P NEW HANOVER
I, a Notary Public of the County and State aforesaid certify that -TA" T U4mrew*
personally came before me this day and acknowledged that he/she is the Manager of Gulf, Worsley,6
Cowper Properties, LLC, a North Carolina limited liability company, the limited liability company
named heremabove, and executed the foregoing instrument for the purposes therein expressed for and on
behalf of the North Carolina limited liability company
WITNESS my hand and official stamp or
My commission expires• 5118/201-1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
the 2
2.ELjd_yof October, 2011
Notary Public
IL
�i
�Ii�,11G
I, a Notary Public of the County and State aforesaid certify that Jon T. Vincent NMI
personally came before me this day and acknowledged that he/she is the Manager of Market Auto
Properties, LLC, a North Carolina limited liability company, the limited liability company named
hereinabove, and executed the foregoing instrument for the purposes therein expressed for and on behalf
of the North Carolina limited liability company
WITNESS my hand and official stamp
of October, 2011
\ � 1 Notary Public
My commission expires 5/ZRi2nig `�� QT
�e 0
STATE OF NORTH CAROLINA i�.© e *0
COUNTY OF NEW HANOVER
1, a Notary Public of the County and State aforesaid certify that Richard L. Mitchell
personally came before me this day and acknowledged that he/she is the Manager of Mitchell Family,
LLC, a North Carolina limited liability company, the limited liability company named hereinabove, and
executed the foregoing instrument for the purposes therein expressed for and on behalf of the North
ited liability company
�f o • RIB November
���`;' •• S my hand and official stamp or seal, this the 1 t d of ainicbm 2011
N31AFir'�• �
' x �'
�
4No Public
y %omit�is' n expires• 10/16/15
ISO. at j 10
11

CONSENT AND JOINDER OF MORTGAGEE AND TRUSTEE
NEWBRIDGE BANK, as the holder of the existing mortgage loan on some or all of the property
described in Exhibit "A" and Paul McCombie as Trustee under the deed of trust securing said loans and
recorded in Book 4758 at Page 105 of the Now Hanover County Registry, join in the execution of this
Declaration of Easements, Covenants and Conditions for the purpose of subordinating said deed of trust
securing saiit loan to the terms and provisions of this Declaration as may from time to time be amended or
supplemented.
MORTGAGEE:
NEWBRIDGE BAA�
By;
Marcus Smith, Vice President
TRUSTEE -
Paul McCombie, Trustee
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid certify that Marcus Smith personally came
before me this day and acknowledged that he/she Is the Vice President ofNEWBRTDGE BANK, the
lending institution named hereinabove, and executed the foregoing Instrument for the purposes therein
expressed for and on behalf of NEWBRIDGE BANK.
WITNESS my hand and official stamp or seal, this the 91 day of Oc r, 2011.
4U"&ANotary Public
My commission expires: A7-2015
JudithA Rinere
Notary New Hanover public
MY Comrtas 'n Expses'L'` l�
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
T, a Notary Public of the County and State aforesaid certify that Paul McCombie personally came
before me this day and acknowledged that he/she is Trustee named hereinabove, and executed the
foregoing instrument for the purposes therein expressed.
WITNESS my hand and official stamp or seal, this the 21_ day of October, 11.
Xc4y-e-
Notary Public
My commission expires: 137-,2015
9i
I Judith A Rinere
Notary Public
New Hanover County, NC
My Cemn'l Expres

CONSENT AND JOINDER OF MORTGAGEE AND TRUSTEE
FIRST BANK, as the holder of the existing mortgage loan on some or all of the property
described in Exhibit "A" and Teresa C Nixon as Trustee under the deed of trust securing said loans and
recorded in Book 4059 at Page 891 of the New Hanover County Registry, Join in the execution of this
Declaration for the purpose of subordinating said deed of trust securing said loan to the easements, terms
and provisions of this Declaration as may from time to time be amended or supplemented
MORTGAGEE
FIRST BANK
cz—
Vice President
TRUSTEE
Teresa C Nixon, Ttvstee
STATE OF NORTH CAROLINA
COUNTY OF Moni or^i Mr j
1, a NotaryPublic of the Countyand State aforesaid certify that ereoSa C N IXon
personally came before me this day and acknowledged that he/she is ice President of FIRST BANK,
the lending institution named hereinabove, and executed the foregoing instrument for the purposes therein
expressed for and on behalf of FIRST BANK
WITNESS my hand and official stamp or seal, this the 31 St day
Notary Public
,��pnnripyn�.
My commission expires �i OI .�� ••••• 4P*%sy,
11.% }' •s
C aZ
STATE OF NORTH CAROLINA
COUNTY OF Mon�omeoj '�•.
I, a Notary Public of the County and State aforesaid certify that Teresa C Nixon personally came
before me this day and acknowledged that he/she is Trustee named he:remabove, grid executed the
foregoing instrument for the purposes therein expressed
WITNESS my hand and official stamp or seal, this the St Si day of 0etgber,,,201 I
My commission expires. 4
12
Notary Public�uinen�ei�yn�
J o
�. O ;in
D% •Q :JQ
µa .•

fHIS MAP I% N01 A( I RTIFIED SURVEY AND
HAS NOT BEEN REVIEWED BY LOCAL
WIIBIT "A' GOVERNMENT AGENCY FOR COMPLIANCE
WITH ANY APPLICABLE LAND DEVELOPMM
REGULATIONS
1
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O�JNIY.
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JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration.
Book
Document No..
Recorder:
WILMINGTON, NC 28401
11/0212011 04.19 07 PM
RE 5596 Page: 1143-1166
2011030142
14 PGS $26.00
JOHNSON,CAROLYN
State of North Carolina, County of Now Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2011030142*
2011030142

I Ar
e
NCDE:R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
April 30, 2012
Ms. Nicole Turley, Member
Frendzy'z, LLC
703 Huntington Ridge Rd.
Wilmington, NC 28411
Subject: APPLICATION RETURN
Friendzy'z
New Hanover County
Dear Ms. Turley:
Dee Freeman
Secretary
On April 24, 2012, the Division received an incomplete State Stormwater Management Application for the project
listed above. The application and check number 3168, in the amount of $505 are being returned because the
application package lacked the necessary elements to accept it for review. Please provide the following information
upon the next submittal of this application package:
I. Master Permit, SW8 000647 Subdivision: Frendzy'z will be located in a lot within SW8 000647, and is
intended to drain offsite to SW8 000647. However, Frendzy'z cannot be permitted on a lot within SW8
000647 until SW8 000647 is subdivided (or the two permits can be submitted simultaneously). By copy of
this letter to Jon Vincent (SW8 000647 permittee) the Division requests a permit modification of that permit
to formally subdivide it.
2. Master Permit, SW8 000647 Compliance: Please ensure that deed restrictions are submitted for the
master permit when it is submitted. Please also ensure that the pond has been certified by a Professional
Engineer, and that it is otherwise in compliance with its permit.
Please visit DWQ's website at http://h2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms.
Please provide the requested information and return the package to the address below. Note that the 90-day
statutory permit review time begins upon receipt of a complete application. If you have any questions, please do not
hesitate to call me at [phone] or email me at [e-mail].
Sincerely,
elly o nson
Environmental Engineer
GDS/kpj: S:lWQSlStormWaterlPermits & ProjectslApplication Returns12012 04 Friendzy'z
cc: Garry Pape, PE
Mr. Jon T. Vincent, President Gulfstream Foods of NC, Inc. (SW8 000647 Permittee)
1508 Military Cutoff Rd, Suite 302 Wilmington, NC 29403
Wilmington Regional Office File, SW8 000647
Wilmington Regional Office File, Frendzy'z
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 ne
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748 46aCarofina
Internet: www.ncwaterquality.org ��r�"rr
An Equal Opportunity 1 Affirmative Action Employer i off

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION 1 C� I W Q7
TIME/DATE / 12i (1 a QKl
NAME
REPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3:00ym. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents
for ALL copies if you make more than 25 copies. There is no charge for 25 or less copies. Payment may be made b
check, money order, or cash at the reception desk. Copies can also be invoiced for your convenience
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases, large totes, etc. are permitted in the file review area
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME
1. 5 05010
2. AA� 8 c5,yb (D 4`1
COUNTY
4.
5. j
r
Signature and of Firm/Business Date I Time In Time Out
Please attach a Asiness card to this form
t r�4
COPIES MADE 4,: PAID INVOICE