SW8040230_Current Permit_20040227

OOF W�rF,QQ Michael F. Easley, Governor
(� William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
AAlan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 27, 2004
Mr. William J. Wiggs, President
Dick's Creek Development Co., Inc.
P.O. Box 53587
Fayetteville, NC 28305
Subject: Permit No. SW8 040230
Ferry Dock Landing
Low Density Subdivision Stormwater Permit
Carteret County
Dear Mr. Wiggs:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application. for Ferry Dock Landing on February 27, 2004. 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 211.1000. We are forwarding Permit No. SW8 040230, dated February 27, 2004, for the
construction of the project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact
either Laurie Munn or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:lsm S:\WQS\STORMWAT\PERMM040230.feb04
cc: Ginger Turner
Carteret County Inspections
NCDOT-Division 2, District 2
Division of Coastal Management
Laurie Munn
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

State Stormwater Management Systems
Permit No.SW8 040230
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORM[WATER MANAGEMENT PERMIT
LOW DENSITY 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
Dick's Creek Development Co., Inc.
Ferry Dock Landing
Carteret County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
The maximum built -upon area per lot is as follows: Lots 1, 2, 9-12,15, and 17-20 @
5,590 square feet, Lot 3 @ 6,390 square feet, Lots 4-6 @ 6,590 square feet, Lots 7, 13,
14, and 16 @ 5,090 square feet, Lot 8 @ 5,070 square feet, and Lots 21-24 @ 5,000
square feet, as indicated in the approved plans. CAMA regulations may reduce the
allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained at 25%,
per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and
approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.

State Stormwater Management Systems
Permit No.SW8 040230
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety, vegetated,
and be operational for their intended use prior to the construction of any built -upon
surface.
2. During construction, erosion shaii be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections.
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 040230, 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: Lots 1, 2, 9-12,15, and 17-20
@ 5,590 square feet, Lot 3 @ 6,390 square feet, Lots 4-6 @ 6,590 square feet,
Lots 7, 13, 14, and 16 @ 5,090 square feet, Lot 8 @ 5,070 square feet, and Lots
21-24 @ 5,000 square feet. This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, and coquina, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.

State Stormwater Management Systems
Permit No.SW8 040230
j. All roof drains shall terminate at least 30' from the mean high water mark.
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built -upon area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed under
driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon
area (BUA). Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
12. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. 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 any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14. The Director may determine that other revisions to the project should require a
modification to the permit.
15. Stormwater conveyances will be located in either dedicated right-of-way (public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required easements, in accordance with the
approved plans.
4

State Stormwater Management Systems
Permit No.SW8 040230
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
4. 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 Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves the permit transfer request. Transfers to third parties by the
permittee where the required documentation has not been submitted to the Division does
not relieve the permittee of responsibility for transferring the permit.
7. 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) which have jurisdiction. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stonnwater management system and its
components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
Permit issued this the 27th day of February 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
m, g� Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 040230

OFFICE USE ONLY
Date Received
Fee Paid
Permit umber
a(� v
t� 101ic ?tea
' w
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may he photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Dick's Creek Development Co., Inc.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
William J. Wiggs, Jr., President
3. Mailing Address for person listed in item 2 above:
P.O. Box 53587
City: Fayetteville State: NC Zip: 28305
Telephone Number: ( 910 484-5193
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Ferry Dock Landing
5. Location of Project (street address):
West of Old Ferry Dock Road (SR 1344)
City: Gloucester, Straits Township
6. Directions to project (from nearest major intersection):
County: Carteret
From the intersection of Hwy 70 and Harkers Island Rd (SR1332) travel approx. 2.5 miles on SR1332 merging left__
onto SR1334. Take left on Straits Rd (SR 1335) about 0.75 mile turn right onto Gloucester Road (SR 1343). Follow
Gloucester .
7. Latitude: N34^43'22" Longitude: W76^32'39" of project
8. Contact person who can answer questions about the project:
Name: Dohn Broadwell, Jr. _ Telephone Number: ( 910 ) 484-5193
II. PERMIT INFORMATION:
1. Specify whether project is (check one): °" New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
✓ Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major ✓ Sedimentation/Erosion Control 404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
Low density project with stormwater treated through sheet flow and vegetated swales
2. Stormwater runoff from this project drains to the
3. Total Project Area: 14.48 acres
White Oak
5. How many drainage areas does the project have? 1
River basin.
4. Project Built Upon Area: 24.995 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
Straits
Receiving Stream Class
SA
Drainage Area
631,051 sf
Existing Impervious* Area
0 sf
Proposed Impervious*Area
157,732 sf
% Impervious* Area (total)
24.995%
ions* Surface Area
DratrW Area 1
Dra lz"e A. -ea 2
On-site Buildings
133,080 sf
On -site Streets
23,572 sf
On -site Parking (DRIVEWAY)
1,080 sf
On -site Sidewalks
Other on -site
Off -site
Total: 157,732 sf
Total:
" Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than SEE ATTACHMENT Asquare feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. Allpermitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state.stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off -Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Is
• Original and one copy of the Stormwater Management Permit Application Form oiz
• One copy of the applicable Supplement Form(s) for each BMP Pik
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Stroud Engineering, P.A.
Mailing Address: 151-A Hwy 24
City: Morehead City State: NC Zip; 28557
Phone:( 252 ) 247-7479 Fax: ( 252 ) 247-4098
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) William J. Wiggs, Jr., President
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, an at the proposed project complies with the requirements of 15A
Date: 2 / fl
(0Y
Form SWU-101 Version 3.99 Page 4 of 4

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name: Ferry Dock Landing Subdivision
Contact Person: Dohn Broadwell, Jr. Phone Number: ) 484-5193
Number of Lots: 24 Allowable Built Upon Area Per Lot*:. See Attachment A
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA - OA = BUA
No. Lots Lot
rsdo.nlatinn-
(631,051 SF X 25%)-23,572 SF = 157,762 SF (BUILT UPON AREA FOR LOTS)
**SEE ATTACHMENT A FOR INDIVIDUAL LOT BUA
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
tcovenant. A copy of the recorded document shall be provided to DWQ within 30 days of
Qt III
� platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2

FERRY DOCK LANDING SUBDIVISION
DICK'S CREEK DEVELOPMENT COMPANY, INC.
ATTACHMENT A
LOT NUMBER
BUILT -UPON
AREA S
• 1
5590
2
5590 .
• 3
6390
4
6590
• 5
6590
6
6590
• 7
5090
8
5070
. 9
5590
10
5590
11
5590
12
5590
13
5090
14
5090
• 15
5590
16
5090
17
5590
18
5590
19
5590
20
5590
21
5000
22
5000
23
5000
24
5000
DRIVEWAY TO
KORNEGAY TRACT
1080
TOTAL 134,160 SF

cEIVED
LBY:
V 6 2004
DICKS CREEK DEVELOPMENT CO., INC.
903 Hay Street
P. O. Box 53587
Fayetteville, NC 28305-3587
Telephone [phone]
FAX [phone]
December 3, 2005
North Carolina Department of Environment
And Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Permit No. SW8 040230
Ferry Dock Landing
Low Density Subdivision Stormwater Permit
Carteret County
Gentlemen:
Restrictive Covenants were recorded for this development on November 12, 2004, in Deed Book
1083, page 240, in the Office of the Register of Deeds for Carteret County. A deed of subordination to
subordinate the existing deed of trust lien on the property to the recorded Restrictive Covenants was
recorded on November 12, 2004, in Deed Book 1083, page 239, in the Office of the Register of Deeds for
Carteret County.
Article I, Part One, of the Restrictive Covenants places the restrictions on the tract as required by
the above referenced permit.
As required by subparagraph 5. of Section H. of the permit, I am within 30 days after the
recording of the restrictive covenants attaching hereto a copy of the Restrictive Covenants recorded
November 12, 2004, in Deed Book 1083, page 240, in the Office of the Register of Deeds for Carteret
County. I am also attaching a copy of the deed of subordination.
As required by subparagraph 11. of Section 11. of the permit, within 30 days after the completion
of the project, I certify in writing that the projects stormwater controls, and impervious surfaces have
been constructed within substantial intent of the approved plans and specifications.
Sincerely,
Dick's CAeek Development Co., Inc.
By:
Dohn B. Broadwell, Jr., Vice-Aresident

Melanie Arthur
CARTERET
MA Date 11/12/2004
OR IN5240
15P
COUNTY
Time 11a3600
Page 1 of 15
NORTH CAROLINA, CARTERET COUNTY
The foregoing certificate(s) of Notary Public(s) ls/ re
certified to bo corrW. This instrument ara' this ce3rlifl-
cate are duly registered at — r.,at;) and tim,, Crxd in
the Book and Page show,, Gri the first sago hereof.
By Melanie A r, i�a ' •ter of Gee
pu y, Regls4er of
Prepared by: J. Duane Gilliam, Attorney at Law, 3340 Quarry Drive, Fayetteville, NC 283034695
After recording mail to: Dohn B. Broadwell, Jr., P. O. Box 53587, Fayetteville, NC 28305-3587
DECLARATION OF PROTECTIVE AND
STATE OF NORTH CAROLINA RESTRICTIVE COVENANTS FOR FERRY
DOCK LANDING LOTS 1-24 SUBDIVISION AND
COUNTY OF CARTERET DEED NOTIFICATION AS TO WETLANDS
THIS DECLARATION, made this the 9th day of November, 2004, by 13100S CREEK
DEVELOPMENT COMPANY, INC., a North Carolina Corporation, hereinafter referred to as
"Developer";
WITNESSETH:
WHEREAS, Developer is the owner of certain property located in Straits Township, Carteret
County, North Carolina, which property is more particularly described as follows:
BEING all of Lots 1 through 24, inclusive, of the FERRY DOCK LANDING LOTS 1-
24 Subdivision, as shown on plat prepared by Stroud Engineering, P. A., E. Glenn
Corbett, P.L.S., dated 09/27/2004, and duly recorded in Book of Plats 30, page 604,
Carteret County Registry.
For history of title see deed dated August 12, 2004, recorded in Book 1077, page 40,
Carteret County Registry, from Gloucester Point, LLC, to DICK'S CREEK
DEVELOPMENT COMPANY, INC., and prior deed dated March 14, 2003, recorded
in Book 985, page 146, Carteret County Registry, from Edwin P. McKnight,
Testamentary Trustee, to Gloucester Point, LLC, and the references cited therein.
Develooer desires to promote a uniform and harmonious development of said numbered Lots -as a
desirable residential community, and to provide for the joint use and maintenance of the subdivision streets
and roads, recreational areas and water access easements as shown on said recorded plat and as hereinafter
described, for the joint use, maintenance and enjoyment of the Owners of said numbered Lots; and
To that end, the Declarant has or will cause to be incorporated under the laws of North Carolina,
FERRY DOCK LANDING HOMEOWNER ASSOCIATION, INC., as a non-profit corporation, for the
purpose of exercising and performing the functions delegated to it; and
In order to comply with applicable governmental controls and regulations;
15
BOOK.

Developer does hereby declare that all of the said numbered Lots described above shall be held,
sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for
the purpose of complying with governmental controls and regulations and of protecting the value and
desirability of said real property, and which shall run with the real property and he 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.
As used throughout this declaration instrument, the following terms shall have the following
definitions:
A. Association. Association shall mean and refer to FERRY DOCK LANDING HOMEOWNER
ASSOCIATION, INC., a non-profit corporation formed, or to be formed, its successors and assigns.
B. Developer. Developer shall mean and refer to Dick's Creek Development Co., Inc., a North
Carolina corporation, 903 Hay Street, P. O. Box 53587, Fayetteville, NC 28305-3587, its successors and
assigns.
C. Lot. Lot shall mean and refer to each of Lots 1 through 24, inclusive, of the FERRY DOCK
LANDING LOTS 1-24 Subdivision, as shown on plat prepared by Stroud Engineering, P. A., E. Glenn
Corbett, P.L.S., dated 09/27/2004 and duly recorded in Book of Plats 30, page 604, Carteret County
Registry, and such additional building lots as are brought by Developer under the jurisdiction of the
FERRY DOCK LANDING HOMEOWNER ASSOCIATION, INC. (FERRY DOCK LANDING LOTS 1-
24 Subdivision is sometimes referred to FERRY DOCK LANDING Subdivision.)
D. Assessable Lots. The Assessable Lots shall be determined as of January I of each fiscal year
of the Association and shall consist of Lots I through 24, inclusive, of the FERRY DOCK LANDING
LOTS 1-24 Subdivision, as shown on plat prepared by Stroud Engineering, P. A., E. Glenn Corbett, P.L.S.,
dated 09/27/2004 and duly recorded in Book of Plats 30, page 604, Carteret County Registry, and such
additional building lots as are brought by Developer under the jurisdiction of the FERRY DOCK
LANDING HOMEOWNER ASSOCIATION, INC.
E. Owner. Owner shall mean every person or entity who is a record owner of a fee or undivided
fee interest in any Lot which is subject by the Declaration to assessment by the Association, including
contract sellers. The term "Owner" is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation.
F. Membership in Association. Every Owner of a fee or undivided fee interest in any Lot which is
subject by the Declaration to assessment by the Association, including contract sellers, shall be a member
of the Corporation. Membership shall be pursuant to and may not be separated from ownership of any Lot
which is subject by the Declaration to assessment by the Association.
G. Common Area. Common Area includes (a) the easement as shown on the recorded plat for
community water access, which easement lies 7.5 feet on each side of the common line of Lots 7 and 8;
(b) the easement as shown on the recorded plat for the entrance sign on Lot 24; (c) the right-of-way of
Quiet Cove and the "site triangles" on Lots 6, 7 and 24, subject to the acceptance of said right-of-way and
"site triangles" by a public authority; (d) the drainage easements as shown on said recorded plat subject to
the rights of the individual lot owners and public authorities to use said drainage easements; and (e) any
real property that may be acquired by the Association for the common use and enjoyment of the Owners of
2

Lots. Common Area includes the right-of-way of Quiet Cove only until such time as said street is accepted
for maintenance by a public authority.
H. Declaration. Declaration shall mean this instrument as it may hereafter be amended or
supplemented.
I. Fiscal Year: Fiscal year shall mean the fiscal year of the Association and shall be from January
1 through December 31.
J. CAMA means the Coastal Area Management Act of 1974 (North Carolina General Statutes, Chapter
113A, Article 7).
K. CAMA's Area of Environmental Concern refers to North Carolina General Statutes, Chapter 113A, Article
7. Part 3. Such "Area of Environmental Concern" is referred to as "AEC" and "75' AEC" on the subdivision plat
hereinafter referred to.
ARTICLE I.
Part One
GOVERNMENT CONTROL AND REGULATIONS
The deed restrictions and protective covenants set forth in this ARTICLE I. are made in order to
comply with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, and to ensure
that the development maintains a "built -upon" surface area consistent with the applicable regulation
limiting built -upon area and to obtain the issuance of the required Stormwater Management Permit.
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 040230, as issued by the Division of Water Quality under NCAC
2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is as follows: Lots 1, 2, 9-12, 15, and 17-20
@5,590 square feet, Lot 3 @ 6,390 square feet, Lots 4-6 @ 6,590 square feet, Lots 7, 13, 14, and 16 @
5,090 square feet, Lot 8 @ 5,070 square feet, and Lots 21-24 @ 5,000 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-
way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.

For convenience of reference, the built -upon area of lots is set forth in table form as:
Lot Number
Built -Upon Area
(square feet
1
5590
2
5590
3
6390
4
6590
5
6590
6
6590
7
5090
8
5070
9
5590
10
5590
11
5590
12
5590
13
5090
14
5090
15
5590
16
5090
17
5590
18
5590
19
5590
20
5590
21
5000
22
5000
23
5000
24
5000
Access for Kornegay to Quiet Cove
lying between Lots 14 and 15
_
1080
Total Built -Upon Area
134160
7. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
8. Lots within the CAMA's Area of Environmental Concern may have the permitted maximum
built -upon area reduced due to CAMA jurisdiction within the AEC.
waters.
8. Each Lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
9. All roof drains shall terminate at least 30' from the mean high water mark of surface waters.
Part Two
DEED NOTIFICATIONS
4

11. Individual Lot owners are notified that they must apply for a "minor development"
(defined in G.S.113A-118(d)) permit before undertaking any development or construction within
CAMA's Area of Environmental Concern (75' AEC) as indicated on each of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9,10,11,12,13,14,15,16,17,18,19 and 20 of the FERRY DOCK LANDING LOTS 1-24,
Subdivision, as shown on the plat prepared by Stroud Engineering, A. A., E. Glenn Corbett, RI.,.S., dated
09/27f2004, recorded in Book of Plats 30, page 604, Carteret County Registry.
12. Lines of wetlands determined Under Section 404 of the Federal Clean Water Act are set
forth on each of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14,15,16,17,18,19 and 20 of the FERRY
DOCK LANDING LOTS 1-24, Subdivision, as shown on the plat prepared by Stroud Engineering, P.
A., E. Glenn Corbett, P.L.S., dated 09/27/2004, recorded in Book of Plats 30, page 604, Carteret County
Registry. All Lot owners are notified that Section 404 regulates the discharge of dredged and fill materials into
waters of the United States, including wetlands.
ARTICLE M.
PROPERTIES SUBJECT TO THIS DECLARATION
Section 1. Initial Properties. The properties initially subject to this Declaration are Lots 1 through
24, inclusive, of the FERRY DOCK LANDING LOTS 1-24 Subdivision, as shown on plat prepared by
Stroud Engineering, P. A., E. Glenn Corbett, P.L.S., dated 09/27/2004, and duly recorded in Book of Plats
30, page 604, Carteret County Registry.
Section 2. Additional Properties. Additional building lots may be brought under the jurisdiction of
the FERRY DOCK LANDING HOMEOWNER ASSOCIATION, INC. (a) by the written consent of
Developer and (b) the affuniative vote of a majority of all members of the FERRY DOCK LANDING
HOMEOWNER ASSOCIATION, INC.
ARTICLE IV.
PROPERTY RIGHTS
Section 1. Common Area. Prior to, or as soon as practicable after, the conveyance by Developer
of the first Lot of the FERRY DOCK LANDING Subdivision to a purchaser, Developer shall convey to the
Association, in trust for the uses and purposes set forth in the Charter and By -Laws of the Association, the
following:
(a) the easement as shown on the recorded plat for community water access, which easement lies 7.5
feet on each side of the common line of Lots 7 and 8;
(b) the easement as shown on the recorded plat for the entrance sign on Lot 24;
(e) the right -of --way of Quiet Cove Drive and the "site triangles" on Lots 6, 7 and 24, subjcct to the
acceptance of said right-of-way and "site triangles" by a public authority (unless such right-of-way of Quiet
Cove Drive and the "site triangles" have already been accepted for maintenance by a public authority); and
(d) the drainage easements as shown on said recorded plat subject to the rights of the individual lot
owners and public authorities to use said drainage easements;
.•olio

At the option of Developer, Developer may in the future convey to the Association, in trust, any like
easements or other property or property rights for the common use of the Members of the Association,
including by way of illustration but not by way of limitation, areas or easements for docks or docking
facilities.
The Association may acquire by gift, purchase or otherwise, and may own, hold, improve, build
upon, operate and maintain additional real or personal property in connection with the affairs of the
Association to promote the health, safety and welfare of the residents of the FERRY DOCK LANDING LOTS
1-24 Subdivision and any additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 2. Owners' Easements of Enjoyment. Every Owner of an Assessable Lot shall have a right
of easement of enjoyment in and to the Common Area which shall be appurtenant to and pass with the title
to every Assessable Lot.
ARTICLE V.
EASEMENTS
Section 1. The Association, acting through its officers, agents and employees, shall have the right
of unobstructed access at all reasonable times to all properties of Owners as may be reasonably necessary to
perform maintenance to the Common Area.
ARTICLE VI.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee
interest in any Lot which is subject by the Declaration to assessment by the Corporation, including contract
sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities
who hold an interest merely as security for the performance of an obligation. Membership shall be pursuant
to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
Section 2. Voting Rights. The corporation shall have two (2) classes of voting membership:
CLASS A: Class A members shall be all Owners with the exception of the Developer and shall be entitled
to one vote for each Assessable Lot owned. When more than one person holds an interest in any lot, all
such persons shall be members. The vote for each Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with respect to any Lot; and in the absence of an
agreement between the persons holding the interests in any lot the vote for the Lot shall be in the same
fractions as the ownership.
CLASS B: Class B member(s) shall be the Developer and shall be entitled to three (3) votes for each
Assessable Lot owned. The Class B membership shall cease and be converted to Class A membership on
the happening of either of the following events, whichever occurs earlier:
(a) When the Developer is no longer the owner of any Assessable Lot; or
(b) On January 1, 2024.
TIM

ARTICLE VII.
COVENANTS FOR MAINTENANCE ASSESSMENTS
SecHor, 1. Determination of Lots to be Assessed. The Lots subject to assessments during a fiscal
year of the Association shall be the Assessable Lots as of January 1 of the fiscal year of the Association to
which the assessment applies.
Section 2. Creation of the Lien and Personal Obligation of Assessments. The Owner of each
Assessable Lot by acceptance of a deed therefor, whether or not it shall be expressed in such deed, is
deemed to covenant and agree to pay assessments to the Association as follows:
a. Annual Assessments; and
b. Special Assessments.
All assessments levied by the Association shall be used exclusively for the improvement and maintenance
of the Common Area and to promote the health, safety and welfare of the residents of the Lots.
The Annual Assessments and the Special Assessments on each Assessable Lot, together with interest on
delinquent assessments at the rate of six per cent. per annum, costs and reasonable attorney's fees, shall be a
charge on and a continuing lien upon the Assessable Lot, and shall also be the personal obligation of the
Owner of the Assessable Lot at the time the assessment fell due.
Scction 3. Annual Asscssments. The Annual Asscssmcnts shall be in the amount determined by
the Association to be necessary and adequate for the payment of the expenses of the Association necessary
to carry out its duties. Expenses shall include expenses for the operation, maintenance, repair or
replacement of the Common Area and facilities, costs of carrying out the powers and duties of the
corporation, all insurance premiums and expenses relating thereto, and any expenses designated as common
expenses from time to time by the Board of Directors of the Association.
The maximum Annual Assessment levied for the first fiscal year for which an Annual Assessment
is levied shall not exceed $100.00 per Assessable Lot and no Annual Assessment for any fiscal thereafter
shall exceed $100.00 per Assessable Lot without approval of a majority of the Membership by a vote at a
regular or special meeting of the Members.
Section 4. Special Assessment. Special Assessment may be levied by the Association for the
purpose of replacing or reconstructing improvements to the Common Area. Any Special Assessment
levied in any fiscal year of the Association that exceeds $500.00 per Assessable Lot will require approval
of a majority of the Membership by a vote at a regular or special meeting of the Members.
Section 5. Notice and Ouorum. Notice for approval of the Membership under Sections 3. and 4.
immediately above shall be by written notice of the meeting served upon or mailed to each Member entitled
to vote thereat at such address as appears on the books of the Association, at least ten (10) days but not
more than fifty (50) days prior to the meeting.
Over sixty (60) percent of the total Members of the Assessable Lots of the Association, present in
person or represented by proxy, shall constitute a quorum for the transaction of business. If, however, such
quorum shall not be present or represented at a meeting, 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
rr-
K...

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. Uniform Rate of Assessment. Both Annual Assessment and Special Assessments shall
be fixed at a uniform rate for all Assessable Lots, and shall be payable as determined and ordered by the
Association.
Section 7. Date of Commencement of Assessments. Annual Assessments shall commence in the
first year when on January 1 of that year there are 3 or more the Lots with homes that are owner occupied
by Members, or in the year 2006, whichever is the earlier year.
Section 8. Effect of Nonpayment of Assessments and Remedies of the Association. 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 may enforce its lien for assessments, or take such other action to recover the sums,
charges of assessments to which it is entitled, in accordance with the the statutes made and provided. If the
Association becomes the owner of a Lot by reason of foreclosure of its lien, it shall offer said Lot for sale,
and, at such time as a sale is consummated, it shall deduct from the proceeds of such sale, all sums of
money due it for assessments and charges, 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 all expenses incurred in the resale of the Lot, which shall include but not be limited to advertising
expenses, real estate brokerage fees, expenses necessary for the 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 the subject Lot.
Section 9. Rights of Eligible Mortgage Holders. Upon the written authorization filed with the
Association of an Owner, or upon the written request of an Eligible Mortgage Holder consented to in
writing by the involved Owner and filed with the Association, the Association shall notify such Eligible
Mortgage Holder of any delinquency in payment of assessments by such Owner that have remained
uncured for a period of sixty (60) days.
Section 10. Indemnification. The Association may indemnify any director or officer of the
Association who is made a party to an action by reason of his being or having been a director or officer of
the Association against any 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 corporation.
ARTICLE VH1
DEVELOPER'S USE RESTRICTIONS
1. (a) All deed restrictions and protective covenants as set forth in Article I are also hereby
adopted as Developer's Use Restrictions, and any reduction of said requirements, or any alteration or
rescission to make any provision of Article I less restrictive must also be approved by Developer in order
for such reduction of requirement or alteration or rescission to apply to any Lot or all Lots of the FERRY
DOCK LANDING Subdivision.

(b) Without the prior written consent of Developer, as well as the required consent of regulatory
authorities, no Lot shall be bulkheaded or increased in size by filling in waters or marsh on which it abuts.
Without the prior written consent of Developer, as well as the required consent of regulatory authorities, no
private or public docks, piers, moorings, boathouses, lifts, floating docks or similar structures or facilities
shall be erected on, placed ors, maintained or connected with any lot h°ontkig on "The Straits" or Dick's
Creek.
(c) Lot 7 and Lots 21 through 24, inclusive, shall have road access from Quiet Cove Drive only;
and this covenant may not be modified or changed by Developer or the Lot Owners without the written
consent of the Carteret County Planning Department recorded in the Carteret County Register of Deeds
office.
2. (a) So long as Developer retains title to the property involved, Developer reserves the right
absolutely to change, alter or redesignate the lot lines of the Lots as shown on the recorded plat and the
roads and utility and drainage easements and facilities as in the sole judgment of Developer shall be
necessary or desirable, so long as the changes or alterations are in conformance with the Carteret County
Subdivision and Zoning Ordinances. Subject to this provision, all areas indicated as streets and easements
on the aforesaid recorded plat are hereby dedicated to public use forever.
(b) No Lot that has been conveyed by Developer shall thereafter be changed or modified by the
initial grantee, or his successors in title, so as to be further subdivided, its boundary lines changed, except
with the written prior consent of Developer, or its successor in title. No portion of any Lot that has been
conveyed by Developer shall thereafter be used as a street, road, lane or easement over which access may
be obtained by properties adjacent to the FERRY DOCK LANDING subdivision to the FERRY DOCK
LANDING subdivision properties or streets, without the specific written consent of Developer, or its
successor in title.
3. (a) All of said numbered Lots shall be used for residential purposes only and shall not be used
for any business or commercial purposes. Group family homes are prohibited. No structures shall be
erected, altered, placed or permitted to remain on any of said numbered Lots except one detached single
family dwelling that may include a private garage for not more than three cars, and out -buildings as herein
permitted and defined. No structures on any numbered Lot shall be of a height more than 45 feet measured
from the natural ground adjacent to a structure measured to the highest point of the structure.
(b) With respect to numbered Lots 15 through 20 only, no out -buildings shall be permitted on
these Lots. With respect to numbered Lots 1 through 14 and Lots 21 through 24, one detached out -building
structure not exceeding one story in height may be constructed for use as a cabana, gazebo, or utility
building; provided that such cabana, gazebo, or utility building shall not be located so as to interfere with
the view of adjoining numbered Lots, such out -building may not be constructed prior to the construction
of the main dwelling, the out -buildings shall be of the same quality, workmanship and material as the
principal dwelling structure, and the detached out -building structure shall be located no closer to the street
on which the Lot fronts than the rear building line of the main dwelling.
(c) The only permitted access to each numbered Lot from the Subdivision streets shall be over a
culvert and driveway constructed over the drainage ditching and swales along the Subdivision roads. All
driveway culverts must be constructed of reinforced concrete pipe and shall be installed according to North
Carolina Department of Transportation regulations, with the location and invert elevations of driveway
pipes being approved in advance by Developer, or its designee. Lot Owner shall not fill in or alter any of
the drainage system, ditches or swales of the Subdivision without the written approval of the Developer
previously obtained.
9
1"N - -�D4- (%*

(d) Without the written consent of Developer, or its designee, no existing Live Oak (Quercus
Virginia) tree 4 inches or more in diameter that is located more than 10 feet from the foundation of a
principal dwelling or approved out -building on any numbered Lot shall be cut, killed, or removed from any
numbered Lot.
(c) The Owner of each improved numbered Lot shall provide space for parking of two automobiles
off the street prior to occupancy of any dwelling constructed on said Lot, and automobiles shall not be
parked on the streets within said subdivision. No personal watercraft or jet skis shall be parked or stored on
any numbered Lot.
4. (a) No dwelling shall be erected or allowed to remain on any of the said numbered Lots which
shall contain a heated -area living space of less than 1,500 square feet; provided, that if the Developer in
conveying in making the initial conveyance of a numbered Lot to a purchaser shall specify a minimum
square footage greater that 1,500 square feet of heated -area living space, then the higher square footage as
so specified in the deed of conveyance shall be controlling and shall be complied with by the grantee and
his successors in title . Heated area living space shall mean the ordinary living space in a house which is
designed and constructed so as to be capable of being heated for regular living use in cold weather. In the
computation of floor space, furnace room areas, garages, carports, and porches shall not be counted.
(b) No building shall be erected or allowed to remain on any numbered Lot in said subdivision
within 20 feet of the street abutting the front of each lot,
within 10 feet of any interior side line of each lot,
within 15 feet of the street side of a corner lot, or
within 30 feet of the rear lot line.
(c) With respect to numbered Lots 15 through 20 only, in order to provide unrestricted views of
the Straits waterfront from the interior of this subdivision, the floor elevation of the first floor living area of
the residential structure must be a minimum of 14.0 feet above mean sea level, and no more than 700
square feet of the ground floor (the floor below the first floor living area) may be enclosed. As also set
forth in paragraph 3(b) above, and for the same purpose of providing unrestricted views of the Straits
waterfront from the interior of this subdivision, no out -buildings are permitted on Lots 15 through 20.
(d) The exterior of all houses and other structures must be completed within twelve (12) months
after construction is commenced, except under such circumstances where such completion is impossible or
would result in great hardship to the Owner or builder due to strikes, fires, national emergency or natural
calamities.
(e) Air conditioning and heat pump compressors must be screened so as not to be visible from the
road giving access to the premises.
(f) The Owner of each numbered Lot shall provide receptacles for garbage and trash in a screened
area not generally visible from the road giving access to the premises, or shall provide underground trash
and garbage receptacles or similar facilities.
(g) All fuel tanks or similar storage receptacles and wood piles are prohibited from being exposed
to view. Any such receptacles may be installed only within the main dwelling house, within a permitted
accessory building, within a screened area, or buried underground. Provided, that the Developer shall be
permitted to erect, place or permit the placement of tanks, equipment or other apparatus within the
Subdivision for uses related to the providing of sewage, water and other utilities to the Subdivision.
10

(h) Except when used in providing screening of garbage or trash area or fuel tanks or similar
storage receptacles and wood piles or satellite dish antennas as herein permitted, no fences shall be
permitted to be erected or maintained on any numbered Lot of this subdivision.
(i) No outside clotheslines shall be permitted on any numbered Lot. Mailboxes shall be only of a
style or styles that have been approved by Developer. No satellite dish antenna larger than twenty-four
(24) inches in diameter shall be placed or allowed to remain on any numbered Lot, and any satellite dishes
within the permitted size shall be installed at a location to the rear of the main dwelling and screened
appropriately with fencing or vegetation so as not to be seen or observed from adjoining Lots or from the
Subdivision street on which the Lot fronts. One radio antenna, attached to dwelling, shall be allowed on
each numbered Lot; provided, that the mast of the antenna shall not exceed 2 inches in diameter or 10 feet
in length and the top of the antenna shall be no more than 45 feet above the natural ground adjacent to the
dwelling.
5. (a) Only stick built homes shall be permitted on numbered Lots in said subdivision.
(b) Mobile homes, trailers, manufactured homes, modular homes, tents and all other structures of a
temporary character, are expressly prohibited from being placed, put or maintained on any numbered Lot at
any time. As used herein, the tern "mobile home" and "manufactured home" shall have those definitions
and meanings, set forth in G.S. 41-2.5, G.S. 143-143.9(6), and G.S. 143-145(7); provided, that the width
and length of a manufactured home, or mobile home shall be irrelevant and inapplicable as it is the intent of
these covenants to prohibit manufactured homes, modular homes and mobile homes of all sizes regardless
of length or width. As used herein, the term "modular home" is defined as a prefabricated structure having
floors, walls, ceilings, or roof composed of sections or panels of varying size which have been fabricated
prior to erection on a building foundation. The prohibitions herein shall not apply to shelters or materials
storage facilities used by a Contractor or Builder during the construction of a single family dwelling so long
as said temporary shelter or materials storage facility is not used at any time as a residence and the
temporary shelter or materials storage facility is removed immediately following completion of the
dwelling.
6. (a) Prior to January 1, 2030, no building, driveway culvert, fence, or other improvement shall be
erected, placed, altered, or allowed to remain on any numbered Lot until the construction plans and
specifications and a plan showing the location of the structure, fencing and other improvements on the
individual numbered Lot have been approved by DICK'S CREEK DEVELOPMENT COMPANY, INC, or
its designee, as to quality of workmanship and materials, harmony of external design with existing and
proposed structures, and as to location with respect to topography and finished grade elevation.
(b) Prior to breaking ground for the initial construction of a dwelling house on any numbered Lot
prior to January 1, 2030, the owner of such Lot must submit construction plans and specifications (to
include exterior colors and finishes) and a plan showing the location of the structure, fencing and other
improvements on the individual numbered Lot to DICK'S CREEK DEVELOPMENT COMPANY, INC.,
or its designee, for architectural conformity and covenant approval. After the initial construction, and prior
to January 1, 2030, the owner of any numbered Lot prior to breaking ground for the construction of any
addition to the main dwelling, or any modification or addition of a garage, storage building, fencing, or any
other structure on any numbered Lot, must submit plans therefor to DICK'S CREEK DEVELOPMENT
COMPANY, INC., or its designee, for architectural conformity and covenant approval. Determination of
architectural conformity includes approval of exterior colors and finishes.
11
0 a V � m ': � L. (�

(c) If due to topography, irregular lot shape or similar factors directly related to other Lots within
the subdivision, the setbacks herein specified would create a hardship or burden on the Owner of a
numbered Lot, the Owner of such numbered Lot may make a written application to the Developer, or its
designee, for a variance of the setbacks herein set forth; and the Developer, or its designee, until its finding
in its absolute discretion that a variance of the otherwise required setback or setbacks will not depreciate
the value of the entire subdivision or the value of the adjoining Lots, may vary the setbacks by the
minimum necessary in order to provide for a suitable and aesthetically pleasing structure on the particular
numbered Lot. The Owner of the numbered Lot may request that the approved variance be set forth in an
instrument in recordable form, but such Owner shall be responsible for reimbursing Developer for the cost
of the preparation of such legal instrument. If the Developer, or its designee, is of the opinion that the
variance requested by the Owner of the numbered Lot would also require approval by Carteret County or
some other governmental agency having authority over the issuance of building permits and enforcement of
subdivision zoning setback requirements, then the Developer may require the Owner of the numbered Lot
to first obtain such governmental approval before a variance is considered by the Developer, or its
designee.
(e) The members of the Board of Directors of DICICS CREEK DEVELOPMENT COMPANY,
INC. shall by majority vote make the approvals or disapprovals as herein provided, and making such
judgments each individual member of the Board of Directors and the corporation itself shall act in his and
its absolute discretion.
7. The rights -of -way for streets as shown on the recorded plat shall not be used for any purpose
other than ingress and egress and placement of one mailbox of approved style on a break a -way pole for
each Lot as shown on the plat. Any shrubbery, edging, fencing, rocks, basketball goals or other objects in
the right-of-way (the area between the front property corners and the actual pavement) may be removed by
Developer without notice. Any trucks or other commercial vehicles left in a street right-of-way overnight
may be removed without notice and any towing charges shall be the responsibility of the owner or operator
of such vehicle. Upon the acceptance of the streets of the subdivision by a public entity for public
maintenance by that entity, the provisions of this paragraph 7. shall be subject to the use and towing
regulations of such streets by the public entity.
8. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
9. No signs of any kind or nature whatsoever shall be placed on any Lot, except as specifically
permitted by this section. The only permitted signs on the property shall be: (1) Developer's entrance sign
constructed on Lot 24 and any other signs of Developer identifying and promoting the subdivision; and (2)
a "For Sale" or "For Rent" sign not larger than four (4) square feet in area placed on a numbered Lot as
applying to that specific numbered Lot.
10. No unserviceable motor vehicles, boats, trailers, appliances or other assorted junk and useless
materials may be kept on any Lot. All motor vehicles and boats kept on any lot must be in operable
condition and must maintain valid registrations and inspections in accordance with the laws or regulations
of the state of North Carolina. Notwithstanding the above, these restrictions shall not apply if such vehicle,
boat or trailer is kept in ar_ enclosed garage. All Lots shall be maintained free and clear of rubbish and
debris.
11. (a) No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be
done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood.
12
BQO PAr,E.--2��

(b) The maintenance, keeping, boarding and/or raising of animals, livestock, poultry or reptiles of
any kind, regardless of number, shall be and is prohibited on any Lot, except that the keeping of not more
than two (2) orderly domestic pets (dogs or cats) shall be permitted; provided, however, that such pets are
not kept or maintained for commercial purposes or for breeding; and provided, further, that any such pet
causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the
Lot upon ten (10) days written notice from Developer, or its designee. All pets shall be inoculated as
required by law. No dangerous dogs, including, but not limited to, pit bulls, rottweilers, Dobermans and
chows, shall be permitted on the premises.
12. With the exception of motion -activated security lights with an automatic shut-off feature which
shall be permitted, no automatic night lights, or dusk -to -dawn lights, shall be permitted on any numbered
Lot, whether installed by the Owner of a numbered Lot or provided by a utility provider. This prohibition
shall not apply to street lights erected within the right-of-way of the subdivision streets by Developer or a
public entity maintaining such streets.
13. Developer reserves the right to subject the Lots in this entire subdivision to a contract with the
provider of electrical service for the installation of underground electric cables and/or the installation of
street lighting, either or both of which will require an initial payment and/or a continuing monthly payment
to the provider of electric service by each residential customer having service in the subdivision, and which
charge may be included in the regular bill for residential electric service.
14. (a) Developer reserves unto itself a perpetual, alienable and releasable easement and right-of-
way on, over, under, through and upon the ground with men and equipment to erect, maintain, and inspect,
repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and pipes and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewage, water and
community utilities or conveniences in and over the front twenty feet of each lot and ten feet along one
side line side of each Lot and such other areas as may be shown on the recorded map of the Subdivision,
together with the right to cut drainways for surface water whenever action may appear to the Developer to
be necessary in or to maintain reasonable standards of health, safety and appearance. These easements and
rights -of -way expressly include the right to cut trees, bushes or shrubbery, grading of the soil, or to take
similar actions reasonably necessary to provide economical and safe utility installation and to maintain
reasonable standards of health, safety and appearance. The Developer reserves the right to assign said
easements to one or more public or private water and/or sewer utility companies for service to each Lot in
the future.
(b) Each Lot Owner shall keep free and clear each and all drainage easements shown on his Lot on
the recorded map of the Subdivision, and each Owner shall in no way obstruct, block or impede the flow of
water through said drainage easements as shown on being that Owner's Lot. In the event any Lot Owner
should obstruct, block or impede the flow of water through said drainage easements or allow any
obstruction or blockage to remain so as to impede the flow of water, then the .Developer or any one or
other property Owners within the Subdivision shall have the right to clear said drainage easements and to
recover from the party responsible the cost of said clearing if said obstruction or blockage were the results
of deliberate acts or negligence of the responsible party.
15. Notwithstanding the foregoing provisions requiring residential use of the Lots in this
subdivision, Developer, and its successors in title, may devote any Lot or portion thereof, not already sold,
for any constructions and uses which it, in its discretion, deems necessary in order to provide the
subdivision with utilities; and Developer, and its successors in title, may devote any Lot or portion
thereof, not already sold, or once sold but later reacquired by Developer, for street purposes for access to
any adjoining properties now owned, or hereafter acquired, by Developer.
13

16. The invalidation of any one or more or any part of any one or more of the covenants and
conditions set forth herein shall not affect or invalidate the remaining covenants or portions thereof.
17. It is understood and agreed that these restrictions are made for the mutual benefit of the
Developer and grantees of Developer and any and all subsequent grantees, and all such parties shall be
deemed to have a vested interest in these restrictions and the right to enforce same. Any Owner shall have
the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by
any Owner to enforce any covenants or restriction herein contained shall in no event be deemed a waiver of
the right to do so thereafter.
18. All present and future owners, tenants and occupants of Lots and their guests or invitees, shall
be subject to, and shall comply with, the provisions of the Declaration, and as the Declaration may be
amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are
accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of the Declaration
shall inure to the benefit of and be enforceable by the Owner of any lot, their respective legal
representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any
person having at any time any interest or estate in any lot as though such provisions were made a part of
each and every deed of conveyance or lease.
19. The covenants and restrictions of this Declaration shall run with and bind the land until January
1, 2030, after which time they shall be automatically extended for successive periods of ten (10) years
unless terminated by a written instrument to such erect signed by the Owners of not less than fifty (50%)
percent of the Lots and recorded; and such termination shall become effective at the end of the initial stated
period, or the subsequent ten (10) years term during which the specific termination instrument is recorded.
20. While DICK'S CREEK DEVELOPMENT COMPANY, INC. remains as the owner of (or
holds a purchase money deed of trust on) one or more Lots of this subdivision, the covenants and
restrictions of this Declaration may be released, changed, modified, or amended, to make the covenants less
restrictive, with respect to all Lots, or with respect to one or more specific Lots, by an instrument executed
by DICK'S CREEK DEVELOPMENT COMPANY, INC. and recorded. After DICK'S CREEK
DEVELOPMENT COMPANY, INC. is no longer the owner of (nor holds a purchase money deed of trust
on) any Lot or Lots within said subdivision, the covenants and restrictions of this Declaration may be
released, changed, modified, or amended, to make the covenants less restrictive, with respect to all Lots, or
with respect to one or more specific Lots, by an instrument to such effect signed by the Owners of not less
than fifty (500/9) percent of the Lots and recorded.
IN WITNESS WHEREOF, DICK'S CREEK DEVELOPMENT COMPANY, INC., the Developer
herein, has caused this Declaration to be signed in its name the day and year first above written.
DICK'S CREEK DEVEL MENT COMPANY, INC.
(CORPORATE SEAL)
By: -8iw�� i - C
' William, J. W, Jr., side
14
4� µ PAbGE—�

NORTH CAROLINA
CUMBERL COUNTY
I, r +2 a Notary public of said County and State, certify that
William J. iggs, Jr. person fore me this day and acknowiedged that he is President of DICK'S
CREEK DEVELOP C., a corporation, and that he as President, being authorized to
do so, executed the fo _ corporation.
WITNESS
My Commission
ananIo.tanal
P11BB r, I ��
,.6
or seal, thi OA&y G of November, 2004. T G-' c �%� o-
Notary Public
15

/ Melanie Arthur 3tP
CARTERET COUNTY
MA Date 11/12/2004 Time 1106.00
�S OR 1083239 Page 1 of 3
NORTH CAROLINA, CARTE -REP COUNTY
The foregoing cOrtificate(s) of Notary Publics) is/�t re
certified to be correct. This instrument and this cerTffi--
CWG are duly registered at si:e date r9d time and in
the Book and Rage sho%yn cry lieu first Page hereof.
AAela Arthur, .ecJistear Deeds
By
+bS .m.p.V. Reg' of each
Prepared by: J. Duane Gilliam, Attorney at Law, 3340 Quarry Drive, Fayetteville, NC 28303-4695
After recording mail to: Richard L. Stanley, Attorney at Law, P. O. Box 150, Beaufort, NC 28516
NORTH CAROLINA
CARTERET COUNTY
DEED OF PARTIAL RELEASE OF SECURITY
FROM DEED OF TRUST AND DEED OF
SUBORDINATION TO DEED OF TRUST
THIS DEED OF PARTIAL RELEASE OF SECURITY FROM DEED OF TRUST AND DEED
OF SUBORDINATION TO DEED OF TRUST, made this the 9th day of November, 2004, by
RICHARD L. STANLEY, Tnrstee, and GLOUCESTER. POINT, LLC, a North Carolina Limited Liability
Company, herein called PARTIES OF THE FIRST PART; and DICK'S CREEK DEVELOPMENT
COMPANY, INC., a North Carolina corporation, hereinafter called PARTY OF THE SECOND PART;
WITNESSETH:
THAT, WHEREAS, the PARTY OF THE SECOND PART heretofore executed and delivered to
Richard L. Stanley, Trustee, a certain deed of trust dated August 12, 2004, recorded in Book 1077, page
41, Carteret County Registry, to secure an indebtedness payable by the PARTY OF THE SECOND
PART to the Grantees to GLOUCESTER POINT, LLC; and
WHEREAS, GLOUCESTER POINT, LLC, desires to release from the lien of said deed of trust
the property hereinafter described, and has requested Richard L. Stanley, Trustee, to join in this deed of
release;
NOW, THEREFORE, in consideration of the premises and in further consideration of the sum of
Ten Dollars in hand paid by the PARTY OF THE SECOND PART to each of the PARTIES OF THE
FIRST PART, the receipt of which is hereby irrevocably acknowledged, the PARTIES OF THE FIRST
PART have bargained and sold, and by these presents do bargain, sell, and convey to the PARTY OF
THE SECOND PART, and its successors and assigns, certain property located in CARTERET
COUNTY, STRAITS TOWNSHIP, STATE OF NORTH CAROLINA, and more particularly described
as follows:
BEING all of the property described in the aforesaid deed of trust except the following property:
All of Lots 1 through 24, inclusive, of the FERRY DOCK LANDING LOTS 1-24
Subdivision, as shown on plat prepared by Stroud Engineering, P. A., E. Glenn
Corbett, P.L.S., dated 09/27/2004, and duly recorded in Book of Plats 30, page 604,
Carteret County Registry.
TO HAVE AND TO HOLD all of the property described in the aforesaid deed of trust, except
and excluding Lots 1 through 24 above described and that are retained as security, together with all
yD BOOK 0�� PAGE

privileges and appurtenances thereunto appertaining, to the PARTY OF THE SECOND PART, and its
successors and assigns, free and discharged from the lien of the aforesaid deed of trust to Richard L.
Stanley, Trustee, recorded in Book 1077, page 41, Carteret County Registry.
AND, WHEREAS, DICK'S CREEK DEVELOI'1�1—E T COMPANY, INC. has now recorded a
DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE FERRY
DOCK LANDING LOTS 1-24 SUBDIVISION, which instrument is recorded in Book of Plats 30, page
604, Carteret County Registry, and GLOUCESTER POINT, LLC, desires to subordinate the lien of deed
of trust dated August 12, 2004, recorded in Book 1077, page 41, Carteret County Registry, to the
DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE FERRY
DOCK LANDING LOTS 1-24 SUBDIVISION, and has requested Richard L. Stanley, Trustee, to join in
this deed of subordination;
NOW, THEREFORE, in consideration of the premises and in further consideration of the sum of
Ten Dollars in hand paid by the PARTY OF THE SECOND PART to each of the PARTIES OF THE
FIRST PART, the receipt of which is hereby irrevocably acknowledged, the PARTIES OF THE FIRST
PART do contract and agree that Lots 1 through 24, inclusive, of the FERRY DOCK LANDING LOTS
1-24 Subdivision, as shown on plat prepared by Stroud Engineering, P. A., E. Glenn Corbett, P.L.S.,
dated 09/27/2004, and duly recorded in Book of Plats 30, page 604, Carteret County Registry, shall be
subject to the provisions of the DECLARATION OF PROTECTIVE AND RESTRICTIVE
COVENANTS FOR THE FERRY DOCK LANDING LOTS 1-24 SUBDIVISION, recorded in Book of
Plats 30, page 604, Carteret County Registry, to the same extent as if the deed of trust dated August 12,
2004, recorded in Book 1077, page 41, Carteret County Registry, had been recorded subsequent to the
recording of the DECLARATION OF PROTECTIVE AND RESTRICTIVE COVENANTS FOR THE
FERRY DOCK LANDING LOTS 1-24 SUBDIVISION, recorded in Book of"Plats 30, page 604, Carteret
County Registry.
But it is expressly understood and agreed that except for such subordination the deed of trust now
held by GLOUCESTER POINT, LLC, and all and singular the terms and conditions thereof shall be and
remain in full force and effect.
IN WITNESS WHEREOF, the PARTIES OF HE FIRST P ave executed this Deed of
Release the day and year first above written.
(SEAL)
chard . tanley,
GLOUC TER POINT, LLC
By:Up� 1
Dohn B. Broad/w�ell, Jr., tmvb
By:
Kenneth W. SmM4111-A, Member
By:
William J. W' s, Jr e r
2

NORTH CAROLINA
U K.&Ii F COUNTY
I, Ddro,�% A •,K�a Notary Public of the County and State aforesaid, do hereby certify
that Richard L. Stanley, Trustee, personally appeared before me this day and acknowledged the due
execution of tho,foregoing instrument.
4%-
and official stamp or seal this the 12 day of November, 2004.
�Q�s '(ARy'•y�
Myoo
� piiine\i{}ii� 1 0 aoal
NORTI'��
CUMBERLAND COUNTY
I, �P a Notary public of said County and State, certify that Dohn B.
Broadwell, i 1 I 'th and William J. Wiggs, Jr., members of GLOUCESTER POINT, LLC,
each perso ae 's day and acknowledged the due execution of the foregoing instrument
by them cji be,a1�Q ES R POINT, LLC.
C_3 • 9
S my hind tarial stamp or seal, this day of Nov ber, 2004.
o•+�ra�Vd cd��e�'Notary Public
My Commission es:
3