SW8190901_Current Permit_20191015

ROY COOPER
Governor
MICHAEL S. REGAN
Secresa 7
S. DANIEL SMITH
Director
October 15, 2019
NORTH CAROLINA
Emkwuwnad Quality
Leland Town Center, LLC
Attn: Palmer Williams, Member
2709 Thorrigrove Court, Suite 1
Fayetteville, NC 28303
Subject: State Stormwater Management Permit No. SW8190901
Leland Town Center
High Density Subdivision Project
Brunswick County
Dear Mr. Williams:
The Wilmington Regional Office received a complete State Stormwater Management Permit Application
for the subject project on October 14, 2019. Staff review of the plans and specifications has determined
that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC
02H.1000 (1995 Rules) as amended by Session Law (SL) 2008-211 and subsequently amended on
January 1, 2017 (2017 Rules). We are hereby forwarding modified Permit No. SW8 190901 dated
October 15, 2019, for the construction of the built -upon areas (BUA) and stormwater control measures
(SCMs) associated with the subject project.
This permit shall be effective from the date of issuance until October 15, 2027 and the project shall be
subject to the conditions and limitations as specified therein and does not supersede any other agency
permit that may be required. Failure to comply with these requirements will result in future compliance
problems. Please note that this permit is not transferable except after notice to and approval by the
Division.
Please refer to Attachment C for a detailed description of the history of this project site including a list of
all of the past state stormwater permits approved for this site.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this
permit and is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Christine Hall in the Wilmington
Regional Office, at [phone] or christine.hall&cdenr.gov
Sincerely,
S. Daniel Smith, Director
Division of Energy, Mineral and Land Resources
�� North Carolina Department of Environmental Quality I Division of Energy, Wheral and Land Resowces
z�DWilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
K �_iw Eua
910.796.7215

Enclosures: Attachment A — Designer's Certification Form
Attachment B — Built -Upon Area Allocation
Attachment C — Permitting History
Application Documents
GDS/canh:
cc:
State Stormwater Permit No. SW8 190901
Page 2 of 2
111Stormwater\Permits & Projects\20191190901 HD12019 10 permit 190901
Branch Smith, PE; Paramounte Engineering
Brunswick County Engineering
Wilmington Regional Office Stormwater File

State Stormwater Management
Permit No. SW8 190901
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North
Carolina Environmental Management Commission, including 15A NCAC 02H.1000 (1995 Rules) as
amended by Session Law (SL) 2008-211 and subsequently amended on January 1, 2017 (2017
Rules) (collectively, the "stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Leland Town Center, LLC
Leland Town Center
Gateway Blvd, Leland, Brunswick County
FOR THE
construction, management, operation and maintenance of built -upon area (BUA) as well as two (2)
wet ponds ("stormwater control measures" or "SCMs") as outlined in the application, approved
stormwater management plans, supplement, calculations, operation and maintenance agreement,
recorded documents, specifications, and other supporting data (the "approved plans and
specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and
Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and
maintained in accordance with these approved plans and specifications. The approved plans and
specifications are incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until October 15, 2027 and shall be subject to
the,following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission, however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is
1,832,854 square feet. The runoff from all BUA within the permitted drainage areas of this
project must continue to be directed into the permitted SCMs. The following specific
requirements pertain to the BUA on this project:
a. SCM BUA LIMITS. The SCMs labeled Pond 1 and Pond 2 have been designed using the
runoff treatment method to handle the runoff from 112,400 and 1,720,454 square feet of
BUA, respectively, within the delineated drainage areas. This permit does not provide any
allocation of BUA for future development within the delineated drainage area of Pond 1.
Within the delineated drainage area of Pond 2, this permit allocates 227,604 sf of BUA for
the offsite lots previously permitted under SW8 990456, 258,450 sf of BUA for both the
proposed onsite outparcel lots and Gateway Blvd access road, and 1,191,550 square feet of
BUA for future development.
Page 1 of 7

State Stormwater Management
Permit No. SW8 190901
b. BUA FOR INDIVIDUAL LOTS. Each of the 7 lots are limited to a maximum amount of BUA
as indicated in Attachment B of this permit and as indicated in the approved plans and
specifications. The maximum BUA assigned to each lot via this permit and the recorded
deed restrictions and protective covenants may not be increased or decreased by
either the individual lot owner or the permittee unless and until the permittee notifies
the Division and obtains written approval from the Division.
c. LOT 5 BUA. The built -upon area allocated to this onsite Lot 5 is 45,100 square feet. This
permit covers the construction of a total of 45,100 square feet of BUA, which includes 43,600
square feet of proposed built -upon area and 1,500 square feet of future built -upon area
allocation.
d. LOT 6 BUA. The built -upon area allocated to this onsite Lot 6 is 48,000 square feet. This
permit covers the construction of a total of 48,000 square feet of BUA, which includes 46,600
square feet of proposed built -upon area and 1,400 square feet of future built -upon area
allocation.
2. OFFSITE LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by
the permittee shall submit a separate off -site stormwater permit application to the Division and
receive approval prior to construction. Prior to the discharge of stormwater runoff from any lot
into the approved stormwater system, the permittee shall ensure that the owner of the non-
residential lot has obtained the separate off -site stormwater management permit.
3. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project:
a. POND 1 SCM DESIGN. All runoff being directed into wetlands from Pond 1 shall flow into
and through these wetlands at a non -erosive velocity. The following design criteria have
been permitted for Pond 1 and it must be provided and maintained at the design condition:
a.
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
4.75
206,750
0
b.
Impervious Area, ft'-:
Onsite, Allocated ft2:
112,400
112,400
c.
Average Pond Design Depth, feet:
3.0
d.
TSS Removal Efficiency:
90%
e.
Design Storm, inches:
1.5
f.
Permanent Pool (PP) Elevation, FMSL:
19.6
g.
Permitted PP Surface Area, ft2:
20,020
h.
Temporary Storage Elevation, FMSL:
20.3
i.
Permitted Storage Volume, ft':
16,808
i.
Predevelo ment 1 -24 hr. discharge rate, cfs'-:
7.16
k.
Controlling Orifice, inch 0 pipe:
2.00
1.
Orifice Flow Rate, efs:
0.06
m.
PP Volume, ft3:
66,038
n.
Forebay Volume, ft3:
14,495
o.
Maximum Fountain Horsepower:
1,4
p.
Receiving Stream/River Basin:
Jacke •s Creek
q.Stream
Index Number:
18-77-3
C; SW
r. I
Classification of Water Body:
b. POND 2 SCM DESIGN. The SCM is permitted based on the design criteria presented in the
sealed, signed and dated supplement and as shown in the approved plans and
specifications. This SCM must be provided and maintained at the design condition.
c. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be
followed in its entirety during construction. After the plants are established, the operation
and maintenance agreement must be followed.
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State Stormwater Management
Permit No. SW8 190901
d. FOUNTAINS WITHIN POND 1 A decorative spray fountain will be allowed in Pond 1,
subject to the following criteria:
i. The fountain must draw its water from less than 2' below the permanent pool
surface.
ii. 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.
iii. The falling water from the fountain must be centered in the pond, away from the
shoreline.
iv. The maximum horsepower for a fountain in this pond is 1/4 horsepower.
e. FOUNTAINS WITHIN POND 2. At this time, a decorative spray fountain has not been
proposed within Pond 2. Decorative spray fountains will be allowed in the wet pond if
documentation is provided demonstrating that the proposed fountain will not cause
resuspension of sediment within the pond or cause erosion of the pond side slopes.
f. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water
be maintained in the permanent pool, the vegetated shelf is planted with appropriate species
that can handle fluctuating conditions, and human health issues are addressed.
4. POND 2 STORMWATER OUTLET. The peak flow from the 10-year storm event from Pond 2
shall not cause erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained
in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The
setback is measured horizontally from the normal pool elevation of impounded structures, from
the top of bank of each side of streams or rivers, and from the mean high waterline of tidal
waters, perpendicular to the shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans or in the following instances where the BUA has
been minimized and channelizing runoff from the BUA is avoided:
i. Water dependent structures; and
ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security
lights that cannot practically be located elsewhere.
b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated
in an SCM must be released at the edge of the vegetated setback and allowed to flow
through the setback as dispersed flow.
6. RECORDED DOCUMENT REQUIREMENTS. The 2017 stormwater rules require the following
documents to be recorded with the Office of the Register of Deeds prior to the sale of individual
lots or groups of lots:
a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any
SCMs, and maintenance accesses must be located in public rights -of -way, dedicated
common areas that extend to the nearest public right-of-way, and/or permanent recorded
easements that extend to the nearest public right-of-way for the purpose of inspection,
operation, maintenance, and repair.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance
agreement for Pond 2 must be recorded with the Office of the Register of Deeds.
c. FINAL PLATS. The final recorded plats_must reference the operation and maintenance
agreement and must also show all public rights -of -way, dedicated common areas, and/or
permanent drainage easements, in accordance with the approved plans.
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State Stormwater Management
Permit No. SW8 190901
d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and
protective covenants must include, at a minimum, the following statements related to
stormwater management:
i. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 190901, as issued by the Division of
Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000,
effective January 1, 2017.
ii. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
iii. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
iv. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the Division.
V. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This
allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S.
143-214.7, as amended.
vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is
modified to ensure compliance with the stormwater rules, permit, and the approved
plans and specifications.
viii. All runoff from the BUA on the lot must drain into the permitted system. This may
be accomplished via grading, a stormwater collection system and/or a vegetated
conveyance.
ix. A 50-foot wide vegetative setback must be provided and maintained adjacent to all
surface waters in accordance with 15A NCAC 02H.1003(4) and the approved
plans.
X. 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 NCGS 143, Article 21.
A. Each non-residential lot within the subdivision whose ownership is not retained by
the permittee, must apply for and receive a separate offsite stormwater
management permit from the Division prior to construction.
e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and
protective covenants for Lot 1 B, Lot 1 B Access Easement, and Lots 2-6 prior to the issuance
of a certificate of occupancy to ensure the permit conditions and the approved plans and
specifications are maintained in perpetuity. The restrictions for Lots 1 B and Lot 1 B Access
Easement have been recorded in Book 3568, Page 0192 with the Brunswick County
Register of Deeds. Lot 2, as defined in Attachment B and approved under SW8 160219, is
to be covered by deed restrictions recorded as a requirement of this permit, SW8 160219.
7 CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded
areas of the on -site stormwater system will be repaired immediately.
a. SCM OPERATIONAL PRIOR TO DEVELOPMENT. During construction, all operation and
maintenance for the project shall follow the Erosion Control Plan requirements until the
Sediment -Erosion Control devices are converted to SCMs. Once the device is converted to
a SCM, the permittee shall provide and perform the operation and maintenance as outlined
in the applicable section below.
b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device
and/or removed or destroyed during construction, it must be restored to the approved state
stormwater design condition prior to close-out of the erosion control plan and/or project
completion and/or transfer of the state stormwater permit. Upon restoration, a new or
updated certification will be required for the SCM(s) and a copy must be submitted to the
appropriate DEQ regional office.
Page 4 of 7

State Stormwater Management
Permit No. SW8 190901
8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications. Prior to the construction of any modification to
the approved plans, the permittee shall submit to the Director, and shall have received approval
for modified plans, specifications, and calculations including, but not limited to, those listed
below. For changes to the project or SCM that impact the certifications, a new or updated
certification(s), as applicable, will be required and a copy must be submitted to the appropriate
DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material within the common areas to be considered a permeable surface that were not
included in the approved plans and specifications.
g. Other modifications as determined by the Director.
9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if
the project is in compliance with the approved plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the approved plans, then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A
noting any deviations from the approved plans and specifications. Deviations
may require approval from the Division;
ii. A copy of the recorded operation and maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions and
protective covenants; and
iv. A copy of the recorded plat delineating the public rights -of -way, dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the approved plans, the
permittee shall submit an application to modify the permit within 30 days of completion of the
project or provide a plan of action, with a timeline, to bring the site into compliance.
10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement, to
assure that all components of the permitted on -site stormwater system are maintained at the
approved design condition. The approved operation and maintenance agreement must be
followed in its entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by the
Division and the stormwater rules such as the construction of additional or replacement on -
site stormwater systems. These additional or replacement measures shall receive a permit
from the Division prior to construction.
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made
available upon request to authorized personnel of the Division. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
Page 5 of 7

State Stormwater Management
Permit No. SW8 190901
11. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(3).
12. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a
completed Permit Information Update Application Form to the Division within 30 days to making
any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
13. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be
submitted upon occurrence of any one or more of the following events:
i. The sale or conveyance of the project and/or property area in whole or in part,
except in the case of an individual residential lot sale that is made subject to the
recorded deed restrictions and protective covenants;
ii. The assignment of declarant rights to another individual or entity;
iii. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05
or NCGS 57D-6-07 and 08;
V. Bankruptcy;
vi. Foreclosure, subject to the requirements of Session Law 2013-121;
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on -site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
14. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is
responsible for verifying that the proposed BUA on each individual lot and for the entire
project does not exceed the maximum amount allowed by this permit. The permittee shall
review all individual lot plans for new construction and all subsequent modifications and
additions for compliance. The plans reviewed must include all proposed BUA, grading, and
driveway pipe placement. The permittee shall not approve any lot plans where the maximum
allowed BUA limit has been exceeded or where modifications are proposed to the grading
and/or to the stormwater collection system and/or to the vegetated conveyance unless and
until a permit modification has been approved by the Division. The permittee shall review
and routinely monitor the project and each lot to ensure continued compliance with the
conditions of the permit, the approved plans and specifications, and the recorded deed
restrictions and protective covenants. 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.
b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may
establish an ARB or ARC to conduct individual lot reviews. However, any approval given by
the ARB or ARC on behalf of the permittee does not relieve the permittee of the
responsibility to maintain compliance with the conditions of the permit and the approved
plans and specifications.
Page 6 of 7

State Stormwater Management
Permit No. SW8 190901
c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
e. ENFORCEMENT. 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 NCGS 143 Article 21.
f. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have
been made.
g. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
obtaining and complying with any and all other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which are imposed by any other Local, State or Federal government agency having
jurisdiction. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit issued this the 15th day of October 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.9;;; S. DaniprSmith, Direc or
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 190901
Page 7of7

State Stormwater Management
Permit No. SW8 190901
Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this project:
• As -Built Permittee Certification
• As -Built Designer's Certification General MDC
• As -Built Designer's Certification for Wet Detention Pond Project
A separate certification is required for each SCM. These blank certification forms may be copied and
used, as needed, for each SCM and/or as a partial certification to address a section or phase of the
project.
Page 1 of 1

State Stormwater Management
Permit No. SW8 190901
AS-BUELT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my signature below,
that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the
terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided
to the Division.
8 Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is part of a Fast Track As -built Package Submittal.
Printed Name Signature
I, , a Notary Public in the State of
County of , do hereby certify that
personally appeared before me this day of 120
and acknowledge the due execution of this as -built certification. (SEAL)
Witness my hand and official seal
My commission expires
Perrtnittee's Certification NCAC .1042(4)
Car���etodl
nvic
j N/A
A. DEED RESTRIC ONS / DUA RECORDS
1. The deed restrictions and protective covenants have been recorded and
contain the necessary language to ensure that the project is maintained
consistent with the stormwater regulations and with the permit conditions.
Y or N
2. A copy of the recorded deed restrictions and protective covenants has been
provided to the Division.
Y or N
3. Records which track the BUA on each lot are being kept. (See Note 1)
Y or N
R. MAIlMNANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair.
Y or N
2. The access is a minimum of 10 feet wide.
Y or N
3. The access extends to the nearest public right-of-way.
Y or N
C. EASEtaIENTS
1. The SCMs and the components of the runoff collection / conveyance system
are located in recorded drainage easements.
Y or N
2. A copy of the recorded plat(s) is provided.
Y or N
D. SINGLE FAMILY -KEcI�r CNTIAL LOTS - Puts fibr residentiat ➢ois tind
have an SCM io-clud"'5 the foliowit^a
Y or N �
1. The specific location of the SCM on the lot.
Y or N
2. A typical detail for the SCM.
Y or N
3. A note that the SCM is required to meet stormwater regulations and that the
lot owner is subject to enforcement action as set forth in NCGS 143 Article
21 if the SCM is removed relocated or altered without prior approval.
Y or N
-Wvr OIV AND MAINTENANCE AGREEM1r NY
Y or N I
1. The O&M Agreement is referenced on the final recorded plat.
Y or N
2. The O&M Agreement is recorded with the Register of Deeds and appears in
_ the chain of title.
Y or N
F. 0F'FF_ATION AND MAINTENANCt PLAN'— maintenance records arc I
bei ng kept in a known set location for each SCM and are available for revicvv.
v
= or N
G. ESIGNER'S CERTIFICATION FORM — has been provided to the
Division.
Y t� N I
Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records.
Page 1 of 6

State Stormwater Management
Permit No. SW8 190901
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional
sheets as needed.
Page 2 of 6

State Stormwater Management
Permit No. SW8 190901
AS-BUELT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed
the construction of the project named above to the best of my abilities with all due care and diligence, and that
the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit
documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -
BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved.
Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3).
Check here if the designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name
NC Registration Number
SEAL:
Signature
Date
Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
i0 Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2.
OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project.
CK ensL, it's Ce tificat+crn NCAC .1CO((3) & General NODC .1050
OAs-buik
I ONCE
ON/A
A. TREATMENT ] IIREMENTS
J
J
1. The SCM achieves runoff treatment.
Y or N
2. The SCM achieves runoff volume match.
Y or N
3. Runoff from offsite areas and/or existing BUA is bypassed.
Y or N
4. Runoff from offsite areas and/or existing BUA is directed into
Y or N
the permitted SCM and is accounted for at the full build -out
potential.
5. The project controls runoff through an offsite permitted SCM
Y or N
that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project has
Y or N
been accounted for at the appropriate design storm level.
7. The SCM(s) meets all the specific minimum design criteria.
Y or N
B. VEIGIETATED SETBACKS / BUA ;
1. The width of the vegetated setback has been measured from
Y or N
the normal pool of impounded waters, the MHW line of tidal
waters, or the top of bank of each side of rivers or streams.
2. The vegetated setback is maintained in grass or other
Y or N
vegetation.
3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2)
Y or N
is located in the setback.
4. BUA that does not meet the requirements of NCGS 143-214.7
Y or N
(W)(2) is located within the setback and is limited to:
a. Publicly funded linear projects (road, greenway sidewalk)
b. Water -dependent structures
c. Minimal footprint uses (utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at the
Y or N
edge of the setback and allowed to flow through the setback as
dispersed flow.
Page 3 of 6

State Stormwater Management
Permit No. SW8'190901
®A-j, built
GDN/E
GDN/A
— R—W, TER OUTLETS — the outlet handles the pear: flow
Y or N
from the 10 wxr storm with no downsiope erosion.
D. V.k €' DNS
—
1. A variation (alternative) from the stormwater rule provisions
Y N
has been implemented.
or
2. The variation provides equal or better stormwater control and
Y N
equal or better pZotection of surface waters.
or
E. COMPLIANCE WITH OTIRWR REGULAT RI
N
F'�OGRAA `i f��3 bb n met.
or
j F. SIZING -the volwme of ttw SCM takes the mmPff from all
surfaces into, account and is sufficient to handle the required storm
Y cr N
depth.
i G. CONTANfflgATED SOILS — infiltrating SCM's are not located
Y or N
'
in or on areas with contaminated soils.
�lil.,
SIDE SLOPES
1. Vegetated side slopes are no steeper than 314:1V.
Y or N
2. Side slopes include retaining walls, gabion walls, or other
Y or N
surfaces that are steeper than 311:1V.
3. Vegetated side slopes are steeper than 3H:1 V (provide
Y or N
supporting documents for soils and vegetation).
E F OSION PROUCTION
1. The inlets do not cause erosion in the SCM.
Y or N
2. The outlet does not cause erosion downslope of the discharge
Y or N
point during the peak flow from the 10 year storm.
J. EXCESS FLOWS —An overflow / bypass has been provided.
Y or N
K. A�VE TERING- A method to drawdown suing water- hhas
Y or N
been provided to facilitate maintena&--we and inspv%on.
�
L. CLEAN OUT AIlk CONSTRUM51A — the SCM kasLeen
Y or N j
cleaned out and convertad to its approved design s*,�e.
M. NtAMENANCE ACCESS
1. The SCM is accessible for maintenance and repair.
Y or N
2. The access does not include lateral or incline slopes >3:1.
Y or N
18. DESIGNFR }�UAZ CA i 4S (FAST -TRACK F E " N - ) —
n- a designer is licemszd under Choq rs 89A,13'9C:, 89E, or 89F of
I Y or N
to General Stastuk s.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below.
Attach additional pages as needed:
Page 4 of 6

State Stormwater Management
Permit No. SW8 190901
AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed
the construction of the project named above to the best of my abilities with all due care and diligence, and that
the project meets all of the MDC found in NCAC 0211.1053, in accordance with the permit documents, plans
and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such
that the intent of the stormwater rules and the general statutes has been preserved.
Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is part of a Fast -Track As -Built Package Submittal per .1044(3 ).
Check here if the Designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name
NC Registration Number
SEAL:
Signature
Date
Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2
OO N/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this project or SCM.
This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050
C uttant's Certification (MOC .1053)
COAs-built
! ON/E
ON/A
A. Fsadp/ ' ;ply /Fountain
1. The available Sediment storage is consistent with the approved
plan and is a minimum of 6 in.
y or N
2. Water flow over the forebay berm into the main pond occurs at a
non -erosive velocity.
Y or N
3. The provided Forebay Volume is 15%-20% of the main pool
volume.
y or N
4. The Forebay entrance elevation is deeper than the exit elevation
into the pond.
y or N
5. The Average Design Depth of the main pond below the
permanent pool elevation is consistent with the permitted value?
y or N
6. Fountain documentation is provided.
Y or N
B. :hole siopes r namks/ yegetaced Shelf
j
1. The width of the Vegetated Shelf is consistent with the approved
plans and is a minimum of 6 feet.
Y or N
2. The slope of the Vegetated Shelf is consistent with the approved
Tans and is no steeper than 6: 1.
Y or N
C. As -built Main Pooi / Areas 1 Vain m—eq i FL—vatians
1. The permanent pool surface area provided is consistent with the
permitted value.
y or N
2. The Temporary Pool Volume provided is consistent with the
permitted value.
y or N
3. The permanent pool elevation is consistent with the permitted
value.
y or N
4. The temporary pool elevation is consistent with the permitted
y N
value.
or
Page 5 of 6

State Stormwater Management
Permit No. SW8 190901
(DAs-built
QN/E
Z TVA
D. h&b ;' Outid / Drawdawt
I�
1.
The design volume draws down in 2-5 days.
Y
or
N
2.
The size of the Orifice is consistent with the permitted value.
Y
or
N
3.
A trash rack is provided on the outlet structure.
Y
or
N
4.
Hydrologic impacts to the receiving channel are minimized from
the 1 yr 24 hr storm discharge?
Y
or
N
5.
The inlets and the outlet location are situated per the approved
plan and avoid short-circuiting.
Y
or
N
1.
The vegetated shelf has been planted with a minimum of 3
diverse species.
Y
or
N
2.
The vegetated shelf plant density is consistent with the approved
plans and is no less than 50 plants per 200 sf or no less than 24
inches on center.
Y
or
N
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E" below.
Attach additional pages as needed:
Page 6 of 6

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Attachment C- Permitting History
Leland Town Center
Permit No. SW8 190901
Apprmal
Permit A.e
BM 1on
Descup --,C c the Changes
* Originally issued on July 19, 1999 under the 1995 Rules for 1 pond and was later transferred,
1/25/2017
SW8 990456
-
modified, and subdivided into lots. Two lots (Lots 1B and 2) obtained offsite permits (SW8 140519
Correction
and SW8 160219). Lot 3 remains undeveloped.
* Correction: To simplify the requirements of Lot 2 approved under SW8 160219.
* Originally issued on July 10, 2004 under the 1995 Rules for 1 pond and was later modified,
transferred, and expanded. The modification approved on March 13, 2017 documents that the
11/2/2017
SW8 040236
previously approved pond was never constructed and a new pond (Pond 1) in a new location, was
Modification
approved under Session Law 2008-211.
* Modification: To add a new pond (Pond 2) to eventually treat the two lots approved under SW8
990456 and issued their own separate offsite permits.
* Portions of the project area identified for SW8 190901 were previously approved in their entirety
under SW8 990456 and SW8 040236. The improvements constructed within these two previously
approved projects include: the access roads, the pond approved under SW8 990456 (to be filled in
and replaced by the new Pond 2), Pond 1 approved under SW8 040236, the Lidl outparcel (SW8
160219) and the Hibachi outparcel (SW8 140519). This permit replaces SW8 990456 and SW8
040236 in their entirety, documents that the project owner is now Leland Town Center, LLC,
10/15/2019
Original Approval
1'0
expands the project area, and proposes a new pond (Pond 2) to treat the majority of the development.
SW8 190901
* Pond 1: Previously approved under SW8 040236 and being incorporated into this permit. Using
the future BUA for an access road between Lots 2 and 3. No changes to the overall DA, total BUA,
or pond design.
* Pond 2. A new SCM designed under the 2017 MDC and replacing the pond approved and
constructed under SW8 990456 (to be filled in) as well as the pond proposed (but not built) under
11/2/2017 modification to SW8 040236. The runoff from the Lidl outparcel (SW8 160219) and the
Hibachi outparcel (SW8 140519) will be re -directed to this new pond.
Page 1 of 1

Operation & Maintenance Agreement
.Project Name:
Project Location:
Leland Town Center
Gateway, Ploof, Tradeway Roads, Leland, NC
Cover Page
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location.
Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can
affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s).
The BMP(s) on this project include (check all that apply & co
Bioretention Cell
Quantity:
Dry Detention Basin
Quantity:
Grassed Swale
Quantity:
Green Roof
Quantity:
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Level SpreaderNFS
Quantity:
Permeable Pavement
Quantity:
Proprietary System
Quantity:
Rainwater Harvesting
Quantity:
Sand Filter
Quantity:
Stormwater Wetland
Quantity:
Wet Detention Basin
Quantity:
Disconnected Impervious Area
Present:
User Defined BMP
Present:
ng O&M tables will
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
ISee
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for
each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to
the system or responsible party.
* Responsible Party:
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Palmer Williams
Leland Town Center, LLC
2709 Thorn rove Court, Suite 1
Fayetteville, NC 28303
910-864-3232
pwiliiams@o-s ro .com
Signature: L,//� Date:
I, ' " l!J Ck GI Ca.paga 5 , a Notary Public for the State of 1 6 ril.[��V�1�6tu
1
County of ew iM. 0eilr , do hearby certify that Pat Wc-er Ua < (.( t QWS
personally appeared before me this *7'8- day of ptcw 90 LG) and
acknowledge the due execution of the Oper tions d Maintenance Agreement.
Witness my hand and official seal,
.- OFFICIAL SEAL
Punic
Cu County, NC
�...�!' IZOAANIC G. CAPAPAS
EIS .:
SEP i 1
STOSY&Z IMy commission expires 5/13/2019
Version 1.4 O&M manual Page 1 off

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
_ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the
basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
_ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
_ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
basin.
_ If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
- Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known
set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potential problem:
How I will remediate the problem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the BMP
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed.
ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of approximately six inches.
long.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or
Remove sediment and replace with clean stone.
covered in sediment (if
applicable).
The forebay
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where
original design depth for
it will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred.
Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by hand. If pesticide is used, wipe it
on the plants rather than.spraying.
The vegetated shelf
Best professional practices
Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the problem: soils, hydrology, disease, etc.
dying.
Remedy the problem and replace plants. Provide a one-time fertilizer
application to establish the ground cover if a soil test indicates it is
necessary.
Weeds are present.
Remove the weeds, preferably by hand. If pesticide is used, wipe it
on the plants rather than spraying.
STORM-EZ
Version 1.4
O&M Manual
EGL= .
P�
SEP1t2ti `
BY:
6/11 /2019
Page 2 of 4

Wet Detention Pond Maintenance Requirements ontinueo
The main treatment area
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where
original design sediment
it will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50%
Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other
Remove the plants by wiping them with pesticide (do not spray).
invasive plants cover 50% of
the basin surface.
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and consult a professional to remove
beaver activity is present.
beavers.
A tree has started to grow on
Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Department of Environment and Natural
damage have occurred at the
Resources Regional Office.
outlet.
The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
ECEETWE �
5EP 1 1 2019
BY:
STORM-EZ 6/11 /201 &
Version 1.4 O&M Manual Page 3 of 4

Wet DetwAllon Pond gp§lgn umnw"
uF'et Pond Diar.am
WET POND ID FOREBAY MAIN POND
Pond 1 Permanent Pool El. 19.6 Permanent Pool El. 19.6
Temporary Pool El: 203 Temporary Pool El: 20.3
Pretreatment other No Clean Out Depth: 7.6 Clean Out Depth: 7.6
than forebay? Sediment Removal El: 12 Sediment Removal El: 12
Has Veg. Filter? No Bottom Elevation: 11 Bottom Elevation: 11
WET POND ID FOREBAY MAIN POND
Pond 2 Permanent Pool El. 15 Permanent Pool El. 15
Temporary Pool El: 17.5 Temporary Pool El: 17.5
Pretreatment other No Clean Out Depth: 5 Clean Out Depth: 8
than forebay? Sediment Removal El: 10 Sediment Removal El: 7
Has Veg. Filter? No Bottom Elevation: 9 Bottom Elevation: 6
STORM-EZ 6/11 /2019
Version 1.4 O&M Manual Page 4 of 4

DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
I I 1
3tk 14
11 zi o
Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ Mgmt Plan: =J
State of North Carolina
DePartmert of E^v:ronment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
LELAND TOWN CENTER
2. Location of Project (street address):
GATEWAY BLVD, PLOOF RD, TRADEWAY, OCEAN GATE, AND WEST GATE
City:Leland County:lI Zip:28451
3. Directions to project (from nearest major intersection):
From US 17 and Ploof Rd, the site is the large commercial area southeast of the Roundabout
4. Latitude:34° 12' 43" N Longitude:78° V 9" W of the main entrance to the project.
IL PERMIT INFORMATION:
1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SWU-102 - Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Not Started ❑Partially Completed* ® Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System []Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/Erosion Control: 7.10 ac of Disturbed Area
❑NPDES Industrial Stormwater Z404/401 Permit: Proposed Impacts NWP 14 - No 401/404
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:Not yet except NWP 14 non reporting
5. Is the project located within 5 miles of a public airport? ®No ❑Yes
If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org/web/lr/rules-and-regulations GCIEN
FM
OGJ 0 3 �019
Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 _ _-------

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the prpff.0:
Applicant/Organization:LELAND TOWN CENTER, LLC
Signing Official & Title:Palmer Williams, Member
b. Contact information for person listed in item 1a above:
Street Address:2709 Thornerove Court. Suite 1
City:Fayetteville State:NC Zip:28303
Mailing Address (if applicable):same
City: State: Zip:
Phone: (910 ) 864-3232 Fax: (910 ) 864.1125
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b. Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: ( )
Email:
Fax: ( )
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official & Title:
b. Contact information for person listed in item 3a above:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax:
Email:
4. Local jurisdiction for building permits: Town of Leland
Point of Contact: Gary Vitmar Phone #: [phone]
DER 11 2019
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 BY:

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Wet Retention Ponds treat the stormwater runoff via piped collection system and potentially some ditches
from the lands included herein.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW -1995 ❑ Ph II - Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area: 67.30 acres 5. Total Coastal Wetlands Area: acres
6. Total Surface Water Area: acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:
67.30 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (Nlfllv) line or Mean High Water
(MHM line, and coastal wetlands landward from the NHW (or MHM line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHM line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 65.7 %
9. How many drainage areas does the project have? 4 (For high density, count I for each proposed engineered
stormwater BMP. For low density and other projects, use I for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each are
provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
-
Drainage Area 3
Drainage Area 4
Receiving Stream Name
UT Jackeys
Creek
UT Jackeys
Creek
UT Jackeys
Creek
UT Jackeys
Creek
Stream Class *
C;Sw
C;Sw
QSw
C;Sw
Stream Index Number *
18-77-3
18-77-3
18-77-3
18-77-3
Total Drainage Area (sf)
206,750
2,685,176
69,509
63,966
On -site Drainage Area (sf)
206,750
2,382,609
69,509
63,966
Off -site Drainage Area (sf)
0
1 302,567
0
0
Proposed Impervious Area** s
112,400
1,720,454
45,100
48,000
% Impervious Area** total
54.4 %
64.1 %
64.9 %
75.1 %
Impervious" Surface Area
Drainage Area 1
Drainage Area 2
Drainage Area 3
Drainage Area 4
On -site Buildings/Lots (sf)
9,500
4,900
On -site Streets (sf)
109,400
37,350
On -site Parking (sf)
30,600
37,600
On -site Sidewalks (sf)
3000
5500
3500
4100
Other on -site (sf)
Future (sf)
1,450,000 *
1,500
1,400
Off -site (sf)
227,604
Existing BUA*** (so
Total (sf):
1 112,400
1,720,454
45,100
I&NO
Stream Class and Index Number can be determined at: ht ortal.ncdenr.or eb s Inssi�tcatt�rlb
Form SWU-101 Version Oct. 31, 2013 Page 3 of 6

Imperoious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
'Report only that amount of existing BUA that will remain after development. Do not report any existing BLIA that
is to be removed and which will be replaced by new BUA:
11. How was the off -site impervious area listed above determined? Provide documentation. Outparcels and
Nearby Properties - See DA Map
Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 1 SA NCAC 02B . 0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded
fromhft://portal.ncdenr.org/web/m�g/ws/su/bmp manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
hgp://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map athttp://Rortal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/suZstatesw/forms docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form._
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
hn://www.2nKheIR.org/RaM/onestoRgxRress.htmlforinformationon the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1h
mile radius on the map.
7. Sealed, signed and dated caladations (one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.,;;; P
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures. SEP 11 2019
BY
Form SWU-101 Version Oct. 31, 2013 Page 4 of 6

m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHVVT prior
to submittal, [phone].) LIG lip to
10. A copy of the most current property deed. Deed book: 4HI0 q Page No: 161 S
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http: / /www.seclgM.state.nc.us/Corporations/ CSearch.as,j�x
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from http://12ortal.ncdenr.org/web/Ir/state-
stormwater-forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: Branch Smith
Consulting Firm: Paramounte Engineering Inc.
Mailing Address: 122 Cinema Drive
City:Wilrnington Statc•NC Zip:28403
Phone: [phone] _ Fax: ( )
Email: bsmith®paramounte-eng.com
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person Iisted in Contact Information, item 2a) NA , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item 1a) to develop the project as currently ro osed. A copy of
the lease agreement or pending property sales contract has been provided with the submi
party responsible for the operation and maintenance of the stormwater system.
SEP I 1 20A
Form SWU-101 Version Oct. 31, 2013 Page 5 of 6

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: AUL Date:
a Notary Public for the State of . County of
do hereby certify that personally appeared
before me this _ day of , and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) Palmer Williams
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, and that the proposed project complies with the requirements of the
applicable storm r rules under 15A NCAC 21H.1000 and any other applicable state stormwater requirements.
Signature: -Date: 5,319,M
I, a Notary Public for the State of 14A Ca* VW , County of
CM Kid fe Q-Wk t , do hereby certify that RM Oter µ • �' t «<CX,IM. 5 personally appeared
before me this I'D day of KaA X Q and acicno led the due execution of the application for
a stormwater permit. Witness my hand and official seal,
OFFICIAL SEAL
Notary Public
Cumberland County, NC
ROMNICK G. CAPAPAS
Form SWU-101 Version Oct. 31, 2013
SEAL
My commission expires & ' 7 ` Zo
SEP 11 20,'9
BY:
Page 6 of

Project Name WAD r&&& l 64W(A f Permit # SW8 19, 0
AS -BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my signature below,
that the project meets the below listed Final Submittal Requirements found in 15a NCAC 02H.1042(4) and the
terms, conditions and provisions listed in the per nit docuri eats, plans and specifications on file with or provided
to the Division.
0 Check here if this is a partial certification. Section/phase/SCM # Pond 2
ElCheck here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3).
Printed Name Palmer Williams Signature 2 ?� •
I, , a Notary Public in the State of A)07*h CDS-Q ling,
County of , do hereby certify that�rA rY Qc- LA);% Q oa1
personally appeared before me this L_ day of ��LVC 201_
and acknowledge the due execution of this as -built certification. Q-�a�'(SFAG{�q
` OTAl4
Witness my hand and official al
= y�. PUBL\CJ C)
My commission expires In'iCi.�� �. ��'6`
Permittee's Certification 15A NCAC 02H .1042(4)
DEED RESTRICTIONS / BUA RECORDS
Completed !
N/A
Provided
1. The deed restrictions and protective covenants have been recorded and
Y or N
contain the necessary language to ensure that the project is maintained
consistent with the stormwater regulations and with the permit conditions.
2. A copy of the recorded deed restrictions and protective covenants has been
oe
provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note 1)
Y or N
MAINTENANCE ACCESS
Completed /
N/A
Provided
1. The SCMs are accessible for inspection, maintenance and repair.
or N
2. The access is a minimum of 10-feet wide.
Y or N
3. The access extends to the nearest public right-of-way.
Y or N
I
CEI Y
JAN 0 3 20LJ
NCDEQ 2/9/2018

Project Name 4a*-v rwzwc, Permit # SW8 /1090/
EASEMENTS
Completed /
Provided
1. The SCMs and the components of the runoff collection / conveyance system
Y or
are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided.
Y or4P
SINGLE-FAMILY RESIDENTIAL LOTS
Completed /
Plats for residential lots that have an SCM include the following:
Provided
IVA-
1. The specific location of the SCM on the lot.
Y or N
2. A typical detail for the SCM.
Y or N
3. A note that the SCM is required to meet stormwater regulations and that the
lot owner is subject to enforcement action as set forth in NCGS 143 Article
Y or N
21 if the SCM is removed relocated or altered without prior approval.
OPERATION AND MAINTENANCE AGREEMENT
Completed
Provided
1. The O&M Agreement is referenced on the final recorded plat.
�} or N
2. The O&M Agreement is recorded with the Register of Deeds and appears in
Pam'
the chain of title.
�or N
OPERATION AND MAINTENANCE PLAN
Completed I
Provided
1. Maintenance records are being kept in a known, set location for each SCM
and are available for review.
01 or N
DESIGNER'S CERTIFICATION FORM
Completed /
Provided
1. A completed designer's certification form has been provided to the
%
Division.
or N
Provide an explanation below for every requirement that was not met, and for every item marked "N/A."
Attach additional pages as needed.
NCDEQ 2/9/2018

Project Name
4e2,&J) TV &W 4&4VA
Permit # SWl3 /140*
AS -BUILT DESIGNER'S CERTIFICATION FOR
GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed
the construction of the project named above to the best of my abilities with all due care and diligence, and that the
project meets all of the below listed General MDC found in 15A NCAC 02H.1050, in accordance with the permit
documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT"
drawings, such that the intent of the stormwater rules and the general statutes has been preserved.
® Check here if this is a partial certification. Section/phase/SCM #Pond 2
❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
® Check here if pictures of the SCMs are provided.
Printed NameJ. Branch Smith. PE Signature
NC Registration Number034354 Date Z A -lea 'et
SEAL:
CAROZ
tiss/z'y
:4 SEAL
034354 :Z
�9�dyF�NG I NEB 'S���
BRANC������
Consultant's Mailing Address:
122 Cinema Drive
City:Wilminaton State:NC Zip:28409
Phone:[phone]
Consultant's Email address:
bsmithCaAaaramounte-eng. com
O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3.
® N/E = Not Evaluated (provide explanation on page 2). ®N/A = Not Applicable to this project or SCM.
Consultant's Certification 15A NCAC 02H .1003(3) & General MDC 15A NCAC 02H .1050
TREATMENT REQUIREMENTS
©As -built
®N/E
©N/A
1. The SCM achieves runoff treatment.
or N
2. The SCM achieves runoff volume match.
Y or N
3. Runoff from offsite areas and/or existing BUA is bypassed.
Y or
4. Runoff from offsite areas and/or existing BUA is directed into
or N
the permitted SCM and is accounted for at the full build -out
potential.
5. The project controls runoff through an offsite permitted SCM
Y or
that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project has
r N
been accounted for at the appropriate design storm level.
DECEIVE
i
NCD.EQ 2/9/201 S

Project Name Leib "W"J14 Permit # SW8 MID I
7. The SCM(s) meets all the specific minimum design criteria.
Y or N
VEGETATED SETBACKS / BUA
QAs-built
ON/E
®N/A
1. The width of the vegetated setback has been measured from
Y or N
the normal pool of impounded waters, the MHW line of tidal
waters or the top of bank of each side of rivers or streams.
2. The vegetated setback is maintained in grass or other
Y or N
vegetation.
3C
3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2)
Y or N
is located in the setback.
K
4. BUA that does not meet the requirements of NCGS 143-214.7
Y or N
(b2)(2) is located within the setback and is limited to:
• Publicly funded linear projects (road, greenway sidewalk)
• Water -dependent structures
j(
• Minimal footprint uses (utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at the
Y or N
edge of the setback and allowed to flow through the setback as
�(
dispersed flow.
STORMWATER OUTLETS
(DAs built
©N/E
G)N/A
1. the outlet handles the peak flow from the 10-year storm with
or N
no downslope erosion.
VARIATIONS
OAs-built
ON/E
GN/A
1. A variation (alternative) from the stormwater rule provisions
Y or N
X
has been implemented.
2. The variation provides equal or better stormwater control and
equal or better protection of surface waters.
Y or N
X
COMPLIANCE WITH OTHER REGULATORY PROGRAMS
OAs-built
ON/E
GN/A
1. The project is compliant with other applicable regulatory
or N
G
programs.
SIZING
OAs-built
®N/B
©N/A
1. The volume of the SCM takes the runoff from all surfaces into
©or N
account and is sufficient to handle the required storm depth.
CONTAMINATED SOILSOAs-built
ON/E
©N/A
1. Infiltrating SCM's are not located in or on areas with
Y or N
X_
contaminated soils.
SIDE SLOPES
OAs-built
ON/E
©N/A
1. Vegetated side slopes are no steeper than 3H:1 V.
Y or N
NCDEQ 2/9/2018

Project Name M4004 r#%W GAS' Permit # SW8 lgylo I
2. Side slopes include retaining walls, gabion walls, or other
surfaces that are steeper than 3H:1V.
Y or N
3. Vegetated side slopes are steeper than 3H:1 V (provide
supporting documents for soils and vegetation).
Y or N
EROSION PROTECTION
OAs-built
QN/E
ON/A
1. The inlets do not cause erosion in the SCM.
Y or N
2. The outlet does not cause erosion downslope of the discharge
point during the peals flow from the 10-year storm.
Y or N
EXCESS FLOWSOAs-built
QN/E
ON/A
1. An overflow / bypass has been provided.
0 or N
DEWATERING
OAs-built
QN/E
ON/A
1. A method to drawdown standing water has been provided to
facilitate maintenance and inspection.
(D or N
CLEANOUT AFTER CONSTRUCTION
OAs-built
QN/E
ON/A
1. The SCM has been cleaned out and converted to its approved
design state.
�Y or N
MAINTENANCE ACCESS
OAs-built
QN/E
ON/A
1. The SCM is accessible for maintenance and repair.
Y or N
2. The access does not include lateral or incline slopes >3:1.
Y or N
DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT)
OAs-built
QN/E
OO N/A
1. The designer is licensed under Chapters 89A, 89C, 89E, or
89F of the General Statutes.
@ or N
Provide an explanation below for every MDC that was not met, and for every item marked "NIA" or "N/E."
Attach additional pages as needed.
NCDEQ 2/9/2018

Project Name A1wO"' 7VJ* V 4904%r & Permit # SW8
AS -BUILT DESIGNER'S CERTIFICATION FOR
WET DETENTION POND PI_GJ �:CT
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed
the construction of the project named above to the best of my abilities with all due care and diligence, and that the
project meets all of the MDC found in 15A NCAC 02H.1053, in accordance with the permit documents, plans and
specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the
intent of the stormwater rules and the general statutes has been preserved.
A Check here if this is a partial certification. Section/phase/SCM #Pond 2
❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
0 Check here if pictures of the SCM are provided.
Printed Name J. Branch Smith, PE Signature4WAwo�z•
NC Registration Number 034354 Date 12•��s�/?
SEAL: 0A ///�''/
_� F �s�0
a SEAL
034354
1/11111�
Consultant's Mailing Address:
122 Cinema Drive
City:Wilmington State:NC Zip:28403
Phone:[phone]
Consultant's Email address:
bsmith (a)-paramounte-eng.com
iD Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2.
® N/E = Not Evaluated (provide explanation on page 2). ®N/A = Not Applicable to this project or SCM.
This Certification must be completed in conjunction with the General MDC certification under 15A NCAC 02H.1050.
Consultant's Certification (MDC 15A NCAC 02H .1053)
Forebay ! Depths ! Fountain
(DAs-built
ON/E
®N/A
1. The available Sediment storage is consistent with the approved
©or N
plan and is a minimum of 6 in.
2. Water flow over the forebay berm into the main pond occurs at a
LO or N
non -erosive velocity.
3. The provided Forebay Volume is 15%-20% of the main pool
or N
volume.
4. The Forebay entrance elevation is deeper than the exit elevation
®or N
into the pond.
5. The Average Design Depth of the main pond below the
or N
permanent pool elevation is consistent with the permitted value?
6. Fountain documentation is provided.
Y or N
ECEIVE NCDEQ 2/9/2018

Project Name GWAWf TVAUW Permit # SW8
Side slopes / Banks / Vegetated Shelf
(DAs-built
®N/E
ON/A
1. The width of the Vegetated Shelf is consistent with the approved
or N
plans and is a minimum of 6 feet.
2. The slope of the Vegetated Shelf is consistent with the approved
or N
plans and is no steeper than 6:1.
As -built Main Pool / Areas / Volumes / ElevationsOAs-built
®N/E
QN/A
1. The permanent pool surface area provided is consistent with the
or N
permitted value.
.29
2. The Temporary Pool Volume provided is consistent with the
69 or N
permitted value.
3. The permanent pool elevation is consistent with the permitted
9p or N
value.
4/'
4. The temporary pool elevation is consistent with the permitted
value.
or N
Inlets / Outlet / Drawdown
G)As-built
®N/E
ON/A
1. The design volume draws down in 2-5 days.
or N
2. The size of the Orifice is consistent with the permitted value.
or N
3. A trash rack is provided on the outlet structure.
or N
4. Hydrologic impacts to the receiving channel are minimized from
�or N
the 1 yr 24-hr storm discharge?
5. The inlets and the outlet location are situated per the approved
or N
plan and avoid short-circuiting.
Vegetation
®As -built
OWE
GN/A
1. The vegetated shelf has been planted with a minimum of 3
y or
diverse species.
2. The vegetated shelf plant density is consistent with the
approved plans and is no less than 50 plants per 200 sf or no
Y or ?
less than 24 inches on center.
Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E."
Attach additional pages as needed.
—VCW*rDKJ A, t 2-- 0-11— ,_ T Yer P"rsjT� vr-IrtiL. w*AmAW— MWA145
NCDEQ 2/9/2018

Permit No;g�k)R
(to be provi ed by DWQ) Wo
AA `�1 OF Hof A TE9
�. C 09
NCDENR o <
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETFIMON RASIN clJioPi_r"_EMT
This form must be filled out primed and submitted.
The Required Items Checkfist (Part ill) must be printed, filled out and submitted along with all of the required information.
JwQwT_
Project name Ploof Commercial
Contact person Butch Dunlap
Phone number 910-864-1125
Date 3/2/2017
Drainage area number 1
RL i"
Site Characteristics
Drainage area 206,750 f?
Impervious area, post -development 112,369 1?
% impervious 54.35 %
Design rainfall depth 1.5 in
Storage Volume: Non -SA Waters
Minimum volume required
Volume provided
Storage Volume: SA Waters
1.5" runoff volume
Pre -development 1-yr, 24-hr runoff
Post -development 1-yr, 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
Is the pre/post control of the 1 yr 24hr stone peak flow required?
1-yr, 24-hr rainfall depth
Rational C, pre -development
Rational C, post -development
Rainfall intensity: )-yr, 24-hrstorm
Pre -development 1-yr, 24-hr peak flow
Post -development I-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SHWT elevation (approx. at the perm. pool elevation)
Top of 10ft vegetated shelf elevation
Bottom of 10ft vegetated shelf elevation
Sediment cleanout, top elevation (bottom of pond)
Sediment cleanout, bottom elevation
Sediment storage provided
Is there additional volume stored above the state -required temp. pool?
Elevation of the top of the additional volume
13,934 ft3
16.808 ft3 OK, volume provided is equal to or in excess of volume required.
ft3
ft3
ft3
ft3
ft3
y (Y or N)
3.8 in
0.30 (unitless)
0.63 (unitless)
5.03 inthr OK
7.16 ft3/sec
14.95 ft3/sec
7.79 ft3/sec
20.30 fmsl
19.60 fmsl
20.00 fmsl
20.10 fmsl
19.10 fmsl Data not needed for calculation option #1, but OK if provided.
12.00 fmsl
11.00 fmsl Data not needed for calculation option #1, but OK if provided.
1.00 ft
n (YorN) F'C;wV
fmsl ""••
0 9 207
Forth SW401-Wet Detention Basin-Rev.9-4/18/12 Parts I. & II. Design Summary, Page 1 of 2

Permit
(to be provided by DWQ)
Surface Areas
Area, temporary pool 26,290 fe
Area REQUIRED, permanent pool
13,025 fe
SAIDA ratio
6.30 (unitless)
Area PROVIDED, permanent pool, A,,,, jw
201020 ft
Area, bottom of 1 Oft vegetated shelf, Abe sr
15,315 ie
Area, sediment cleanout, top elevation (bottom of pond), Aw pond
3,106
Volumes
Volume, temporary pool
16,808 fe
Volume, permanent pool, Vp�jcd
66,038 fO
Volume, forebay (sum of forebays if more than one forebay)
14,495 ft
Forebay % of permanent pool volume
21.9% %
SAIDA Table Data
Design TSS removal
Coastal SAIDA Table Used?
Mountain/Piedmont SAIDA Table Used?
SAIDA ratio
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
Volume, permanent pool, Vp,,,_,,d
Area provided, permanent pool, Ace, ,_pm,
Average depth calculated
Average depth used in SAIDA, ds,,, (Round to nearest 0.5ft)
Calculation option 2 used? (See Figure 10-2b)
Area provided, permanent pool, A,,,,,y,d
Area, bottom of 1 Oft vegetated shelf, Abe"heff
Area, sediment cleanout, top elevation (bottom of pond), Ab,tyond
"Depth" (distance b/w bottom of 10ft shelf and top of sediment)
Average depth calculated
Average depth used in SAIDA, d. (Round to down to nearest 0.5ft)
Drawdown Calculations
Drawdown through orifice?
Diameter of orifice (if circular)
Area of orifice (if -non -circular)
Coefficient of discharge (Co)
Driving head (HO)
Drawdown through weir?
Weir type
Coefficient of discharge (Cw)
Length of weir (L)
Driving head (H)
Pre -development 1-yr, 24-hr peak flow
Post -development 1-yr, 24-hr peak flow
Storage volume discharge rate (through discharge orifice or weir)
Storage volume drawdown time
Additional Information
Vegetated side slopes
Vegetated shelf slope
Vegetated shelf width
Length of flowpath to width ratio
Length to width ratio
Trash rack for overflow & orifice?
Freeboard provided
Vegetated filter provided?
Recorded drainage easement provided?
Capures all runoff at ultimate build -out?
Drain mechanism for maintenance or emergencies is:
90 %
y (Y or N)
n (Y or N)
6.30 (unitless)
y (Y or N)
66,038 fta
20,020 if
3.25 It
3.0 ft
N (Y or N)
20,020 fe
15,315 fe
3,106 fe
7.10 ft
ft
ft
Y (Y or N)
2.00 in
in
0.60 (unitess)
0.32 ft
N (YorN)
(unitless)
(unitless)
ft
It
7.16 ft /sec
14.95 ft /sec
0.06 le/sec
2.00 days
OK
OK
OK
OK
OK
OK, draws down in 2-5 days.
3:1 OK �CEIVE,
10 :1 OK F,
10.0 ft OK /
1101 OK NAR09W
OK
y (Y or N) OK BY.-
1.-0 ft OK
n (Y or N) OK
y (Y or N) OK
y (Y or N) OK
pump
Form SW401-Wet Detention Basin-Rev.9-4/18/12 Parts I. & It. Design Summary, Page 2 of 2

High Density Residential Subdivisions
Deed Restrictions & Protective Covenants
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Palmer Williams, Leland Town Center. LLC , acknowledge, affirm and agree by my
signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale
of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations.
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 stonnwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources.
6. The maximum built -upon area per lot, in square feet, is as listed below:
OUTPARCEL No.
Property Areas
Built -Upon Area s
2
48,965
38,000
3
77,572
60,000
4
63,147
50,000
5
69,509
45100
6
63,966
48,000
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.
7. Per 15A NCAC 02H.1019, all subject lots shall have vegetated setbacks from perennial waterbodles,
perennial streams, and intermittent streams shall be at least 50 feet in width for new development and
at least 30 feet in width for redevelopment and shall comply with Rule .1003(4) of 15A NCAC 02H.1003.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
BY:
Form DRPC-3 Page 1 of 2

High Density Residential Subdivisions
Deed Restrictions & Protective Covenants
Signature: Date:T—Zr—
I
I
a Notary Public in the
State of _ JJO VCO(kD Cftpl. ; County of 0-0W,, ev- LCXUz1(_ ,
do hereby certify that �ut ItiL4W u W a ��UAKS personally appeared
before me this the 2 % day of , 20 t o1 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEA!_
Signature _
My Commission expires
& - 2 O •2o ZD
OFFICIAL SEAL
Notary Public
Cumberland County. NC
ROMNICK G. CAPAPAS
BY:
Form DRPC-3 page 2 of 2

IN 1111 III 1111111111111111 II II 111111
BOOK:4241 PAGE:1307 110z 22.000
Page 1 of 29
Wenda M. [lenunons. aiwiswlck county. NC Register of Deeds
Prepared By and Return To;
L. Holden Reaves, Esq.
Reaves Law, PLLC
P.O, Box 53187
Fayetteville, NC 28301
DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS
(COVER SHEET)
DECLARANT; LELAND TOWN CENTER, LLC, a North Carolina
limited liability company
E
BY• '� 5
Submitted electronically by Reaves Law PLLC In compliance with North Carolina statutes governing recordable documents and the
terms of the submitter agreement with the Brunswick County Register of Deeds.

Ii 1111111III I111 f ! 1 it i1I[I111III 1 II 111
BOOK:4241 PAGE:1308 ii:az z2Z0a0d
Page 2 at 29
Benda M. Clemmans. Brunswick County. NC Register of Deeds
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Peggy M. Israel, Esq.
5509 Matifeldt Avenue
Baltimore MD 21209
(Space above for Recorders use)
DECLARATION OF COVENANTS. CONDITIONS,
RESTRICTIONS AND EASEMENTS
THiS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS (-Declaration")
is made as of this —aday of , August 2019, by LELAND TOWN CENTER, LLC, a North Carolina limited liability
company ("Dedarant"), with respect to the following facts,
RECITALS:
A. Declarant is the owner of real property located in the City of Leland, County of Brunswick, State of
North Carolina, consisting of Outparcels 2, 3, 4, 5 and 6 more particularly described on Exhibit -A- attached hereto and as shown as
Lots 2, 3, 4, 5 and 6, respectively, on the site plan ('Site Plan") attached hereto as Exhibit "B-.
B. Outparcels 2, 3, 4, 5 and 6 are hereinafter referred to as the "Development"
C. Declarant intends by this Declaration to impose upon the Development mutually beneficial
restrictions under a general plan of Improvement for the benefit of all of the Development, and Dedarant further intends to establish
hereby certain easements and to impose covenants running with the land affecting the Development.
NOW, THEREFORE, Declarant hereby declares that the Development shall be held, conveyed, mortgaged,
encumbered, leased, rented, used, occupied, sold and improved subject to the following declarations, limitations, covenants,
conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of
the Development, and every part thereof, to accordance with the plan for the Improvement of the Development. All of the
limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and every
part thereof or interest therein, and shall be binding upon Declarant and its successors and assigns with respect to the
Development, and shall Inure to the benefit of each Owner, and to all parties having or acquiring any right, title or interest In or to
a".y pad of the Development.
ARTICLE I - DEFINITIONS
Section 1.1 Defined Terms. The capitalized terms used In this Declaration are defined below. Unless otherwise noted, a
definition applies, where appropriate to the context, tc the noun (singular and plural), verb and adjective forms of the defined term.
A. "Building" shall mean any structural improvement on any Outparcel which is enclosed by exterior walls, floor
and roof and Is designed for human occupancy, and the oonductwithin of activities and business by the Owner of such Oulparcel or
such Ownees licensees, tenants, successors or assigns.
B. "Building Area" is the area shown on the Site Plan as a "Building Envelope- In which a Building may be located.
Sidewalks adjacent to Buildings and Service Areas for a given Oulparcel need not be located within the Building Area. Building

1100K:4241 PAGE:1309
t ii022f.uo;o
Page 3 o29
Brenda M. Cleum,ons. Biunswltk County. NC Register of Deeds
canopies and similar architectural treatments on the facade of a Building may be located outside a Building Area if approved by
Declarant.
G. "City" shall refer to the City of Leland, Stale of North Carolina.
D. 'Exterior Area" Is all portions of the Development, exclusive of all Building Areas and Service Areas, together
with all improvements existing on, in or under said portions, Including, without Ilmllatlon, monument signs, sidewalks, parking
areas, Common Utilities, and any other facilities to be used In common by all Owners, Occupants and Permiltess.
E. "Counly' Is the County of Brunswick, State of North Carolina.
P. "Declarant" Initially shall be LELAND TOWN ENTER, LLC, a North Carolina limited liability company or
other entity controlled by, controlling or under common control with LELAND TOWN CENTER, LLC, a North Carolina limited
liability company ("Initial Developer"), so long as Initial Developer owns any portion of the Development or until initial Developer
elects toresign from its position as the Declarant. After initial Developer shall no longer own in fee any portion of the Development
or resigns its position as the Declarant, the Declarant shall be the party designated in a recorded Instrument executed by fifty one
parcenl (51 %) of the Owners. Until such time as the Owners shall record such instrument, the Owner whose Outparcei(s) contain
the most constructed and completed Building floor area shall be the "Declarant". The easements, covenants, conditions and
restrictions of this Declaration to be kepi, performed, observed and enforced by Dederant shall be binding upon and enforceable
against such Person only during, and with respect to obligations accruing while, such Person Is the'Declaranr hereunder.
G. "Declaration Assessment" is any Owner's monetary obligation to (1) reimburse Declarant or another Owner for
any costs and expenses incurred as a result of an Owner's breach of the provisions of (his Declaration, and/or (It) satisfy such
Owner's duty to Indemnify arlsIng hereunder and/or (hi) reimburse another Owner for the Installation of Common Utilities, Access
Drives and/or Monument Signs as provided herein, and/or (Iv) pay any other monetary obligations owing by such Owner to another
Owner hereunder pursuant to the terms of this Declaration. A Declaration Assessment shall include the principal amount due plus
any late charges, Interest at the interest Rate and costs (including attorneys' fees) expended to collect the same.
H. "Hazardous Material' shall mean any hazardous or toxic substance, material or waste which Is or becomes
regulated by, or is subject to or governed under, any local governmental authority, any agency of the State of North Carolina, or any
agency of the United States Government, Including, without limitation, any material or substance which Is (a) defined as a
'hazardous waste,' "extremely hazardous waste; "restricted hazardous waste," 'hazardous substance," "hazardous material,'
"toxic material" or "toxic substance" under any federal, state or local governmental rule, regulation, ordinance, statute or act now or
hereafter enacted, (b) petroieum.and any petroleum by-products, (c) asbestos, (d) urea formaldehyde foam insulation, and (a)
polychlorinated byphenai.
I. "Indemnify' means (hat an Owner rIndemnitor') shall Indemnify, protect, defend and hold harmless another
Owner (Indemnitee') from and against all loss, claims, actions, liens (including mechanic's liens), proceedings, liability, damages,
cost or expense, Including Indemnitee's reasonable allomays' fees Incurred in defending itself against any "loss' or enforcing an
Owner's duty to Indemnify (ooliectiveiy,'ioss"), resulting from the death, bodily injury or personal injury of any person or physical
damage to, or (In case of a mechanic's lien) economic loss of, any property arising out of the specified matters and/or the specified
duties or conduct of the indemnitor or its agents and employees. An Indemnitee shall Include an Owner and its officers, directors,
shareholders, members, partners, agents and employees. The duty to Indemnify shall be conditioned on the Indemnitee
adequately notifying the indemnitor of the circumstances entilling the Indemnitee to indemnity so as to pewit the Indemnitor to
provide Indemnity. No Owner shall be obligated to Indemnify a proposed Indemnitee where the toss (a) is caused, in whole or in
part, by the Indemnitee's act, omission or negligence, or (b) has been released and waived in accordance with Section 6,5 hereof.
J. "improvements" shall mean and include structures and construction of any kind, whether above or below the
land surface, including, butnot limited to, Buildings, outbuildings, walls, water lines, sewers, electrical and gas distribution facilities,
parking facilities, loading areas, walkways, fences, hedges, mass plantings, poles, signs, balconies, screens, awnings, canoples
and any other structures of any type or kind.
K. "Interesl Rale' shall mean the lesser of two percent (2%) in excess of the current prime lending rate of Bank of
America, N.A., or the maximum non -usurious amount permitted by law.

ii o,o111!1Ill IIIl 1111111!111111111 BOOKA241 PAGE:1310 z210
Page 4 0 Brenda M. Cienmrons. Branswlck County. NC Register of Deeds
L. "Mortgage" shall mean and refer to any duly recorded mortgage or deed of trust encumbering all or a portion of
a Outparcel.
M. "Mortgagee" shall mean and refer to the mortgagee or beneficiary under any Mortgage.
N. 'Occupant" is any Owner or other Person from time to time entitled to use and occupy any floor area In a
Building under an ownership right or any lease, sublease, license, concession or other similar agreement with the Owner thereof.
0. "Owner" shall mean or refer to one or more persons or entities who alone or collectively are the record owners)
of fee simple title to a Oulparcel, Including initial Declarant, or the vendee under an installment land sales contract, but excludes
those having any such interest merely as security for the performance of an obligation. in the event that the ownership of any
Building and any portion of the Outparcel shall be severed from the land, whether by lease or by deed, the owner(s) of the fee
interest in the land and not the Building shall be.deemed the Owner thereof. if the Outparcel Is leased, the Owner of the fee title
and not the lessee of such Outparcel shall be doomed the Owner regardless of the term of the lease.
in the event of the assignment, transfer or conveyance of the whole of the interest of any Owner in and to the
Outparcel In whirr such Owner has an interest, without retaining any beneficial tnterestolher than under the (arms of a Mortgage or
without simultaneously acquiring a new interest by way of leasehold, life estate or other possessory interest, then the rights
conferred upon. such Owner shall be deemed assigned, transferred or conveyed and the duties assumed with its interest.
In the event the whole of the interest of such Owner in and to the Outparcel in which it has a present Interest is
assigned, transferred, conveyed or released, but a new interest Is created in such Owner simultaneously with the assignment,
transfer, conveyance or release of such interest by way of leasehold or similar possessory arrangement (by way of example but not
of limitation, a sale -leaseback arrangement}, or In the event such Owner shall encumber its Interest in said Outparcel or any part
thereof by a Mortgage, then none of the rights or duties conferred upon such Owner shall be deemed to have been assigned,
transferred, conveyed or released, but all of the rights and duties herein referred to shall remain in such Owner so long as it retains
any possessory interest In and to said Outparcel (other than as a Mortgagee). In the event the interest of an Owner referred to In
this paragraph shall cease and terminate, then upon such termination the rights and duties of such Owner shall vest in accordance
with this definiflon.
In the event an Owner shall transfer its present interest In Its Oulparcel or a portion of such Interest in such
manner as to vest its interest In its Outparcel In more than one Person, then not less than iffy -one percent (61 %) In interest of such
transferees shall designate one of their number to act on behalf of all of such transferees in the exercise of the powers granted to
such Owner under this Declaration. So long as such designation remains in effect, such designee shalt be an Owner hereunder
and shall have the power to bind such Ou(parcel and such transferees, and such transferees shall not be deemed to be Owners,
Any such designation must be in writing and served upon the other Owners hereto by registered or certified mail and must be
recorded in the Official Records of the County. In the absence of such written designation with respect to the exercise of the
powers vested by this instrument, the acts of the Persons constituting Owner whose Interest Is so divided shall be binding upon all
Persons having an interesi in such Outparcel until such time as rrrlttan notice of such designation, is given and recorded in the
Official Records of the County.
P. "Outparcer shall mean 0) prior to the recordation of a subdivision map, the Oulparcels 2, 3, 4, 6 and 6 shown
on the Site Plan; and (it) after the recordation of a subdivision map, the Oulparcels within the Development shown on the
subdivision map; provided however that if one or more Owners record a lot One adjustment between two or more of such
Outparcels, and upon recordation of such lot fine adjustment, "Oulparcel" shall refer to such Oulparcels as adjusted by such lot line
adjustmant.
0. "Permitted" is any officer, director, employee, agent, contractor, customer, vendor, supplier, visitor, invitee,
licensee or concessionaire of an Owner or Occupant insofar as such Person's activllies relate to the intended commercial use of a
Outparcel.
R. "Person" Is any Individual, partnership, joint venture, firm, association, corporation, trust or any other form of
entity.

11111 Jill 11111111111111111 BOOK:4241 PAGE:1311 ii/oz z22 00
Page 5 0
Brenda M. Clennnons. Bnmswlck County. NC Register of Deeds
S. "Rules and Regulations" are those rules and regulations Declarant may reasonably adopt from lime to time to
govern use and management of the Exterior Areas; neither the Rules and Regulations nor the enforcement thereof shall be applied
an a discriminatory basis among Cu [parcels or Owners.
T. 'Service Area" is any trash compactor pad, trash enclosure area, storage areas designated on the Site Plan
(which may be fenced or enclosed), shippinglrecelving area, truck dock loading area, or customer pickup area.
U. 'Site Plan" is that plan for the Development shown in Exhibit'B' aflacbed hereto, which shall not be revised,
modified or amended without Declarant's approval, which approval Declarant may withhold In Its sole discretion.
V. "Utifilles" are any lines, conduits and facilities for the supply, service or transmission of water (fire protection
and domestic), electricity, natural gas, storm water, sanitary sewer discharge, telephone, cable TV and communication data.
"Separate Utifities" are Utilities that serve the Buildings and/or improvements of only one Owner within the Development.
"Common Utilities° are Utilities that serve the Buildings and/or improvements ormore than one Owner within the Development.
W. "Access Drives' are the access drives designated as 'Access Drive' on the Site Plan.
ARTICLE II • GRANT OF EASEMENTS
2.1 Easement: Access. Fw h Owner grants to Declarant, all other Owners and their Occupants a
non-exclusive easement over and across the portion of the Access Drive located on such Owner's Outparcel for access, passage
and accommodation of pedestrians and vehicles. Each future Owner, by talking titre to its Outparcel subject to this Declaration,
shall be subject to the grant of the foregoing easement with respect to the portion of the Access Drive located on Its Oulparoet to all
other Owners and their Occupants. Each Owner reserves the right at any time and from time to time to exclude and restrain any
Person who Is not a Permittee from using the portion of the Access Drive located on Its Outparcel. Subject to compliance with the
terms of Article IV (including, without limitation, obtaining Declarant's consent pursuant to Section 4.5 and all necessary
governmental and Utility district approvals), an Owner may relocale the Access Drives and Common Utilities located on its
Outparcel at such Owner's sole cost and expense, provided that access or Utility service for the other Outparcefs is not materially
impaired. The foregoing easement for access over the Access Drives shall be perpetual, and all other easements In this Section 2.1
shall be for the duration of this Declaration.
2.2 Easement, Utilities.
(a) Each Owner grants Declarant, all other Owners and their Occupants a nonexclusive perpetual
easement in, to, over, under, along and across those portions of the Exterior Areas (exclusive of any portion located within a
Building Area) necessary for the Installation, use, maintenance, relocation and removal of Utilities. Each future Owner, by taking
Me to Its Outparcel subject to this Declaration, shall be subject to the grant of such easement with respect to the Exterior Areas on
Its Oulparcel to all other Owners and their Occupants. Except with respect to ground -mounted electrical transformers or as may
be necessary during periods of consimction, repair, ui' teirhporary service, as Utilities shall be histalfed and maln;ained
underground, unless required to be above ground by the Utility company providing such service, and with respect to initial
construction, shall be located and constructed substantially in accordance with the utility plan provided by the Initial Developer (
'UOlity Plan'j and shall otherwise be located so as not to unreasonably interfere with the use and enjoyment of any Outparcel by the
Owners and their Occupants. Each Owner shall construct and install the Common Utilities and Separate Utilities needed for its
Intended development In accordance with such Utility Plan (including, without limitation, the sizing requirements for Common
Utilities set forth in such Utlllly Plan and any stubbing necessary for other Owners served by such Common Utilities as set forth in
such Utility Plan). In the event an Owner constructs and completes Common Utilities on another Owner's Outparcel, the
constructing Owner shall be entitled to be reimbursed by the other Owner for the reasonable cost Incurred by the constructing
Owner to construct the portion of the Common Utilities located on the reimbursing Owner's Outparcel, which reimbursement shall
be made within thirty (30) days after receipt of (1) Invoice therefor and such other supporting documentation as shall be reasonably
necessary; (IQ unconditional full lien releases for such work; and (lit) any warranties applicable to such work.
(b) Prior to any Owner ("grantee') utilizing the easement granted in subparagraph (a) to install, relocate or
remove any Separate Utilities, the grantee shall first provide the grantor and Deolarant with a written statement describing the need
4

1111 Jill 11111111111111111111111111111 BOOKA241 PAGE:1312 �i:az 2g.00a
Page G of 29
Brenda M. Clemons. Bltnlswlck County. MC Register of Deeds
for such easement and identifying the proposed location of the Separate UNIties. Any Owner initially installing Separate Utllihes
pursuant to the provisions of this subparagraph shall pay all costs and expenses with respect thereto and shall cause all work In
connection therewith (Including general dean -up and proper surface and/or subsurface restoration) to be oomplaled as quickly as
possible and in a manner so as to minimize interference with the use and enjoyment of the Exterior Areas, The location and width
of any Separate Utilities shall be subject to the prior written approval of Owners whose Exterior Area Is to be burdened thereby,
such approval not to be unreasonably withheld, and such Separate Whites shall be consistent with the Utility Plan. The easement
area for the Separate Utilities shag be no larger than that required by the applicable public or publicly regulated Utitily company or
five feet (6) on each side of the centerline as to privately maintained Utilltes. Upon request, the grantee shall provide to the
grantor a copy of an as -built survey showing the location of such Separate Utilities. The grantee benefitting from a Separate
Utilities easement across the grantor Owner's Oulparcel shall Indemnify the grantor Owner In connection with the use, Installation,
maintenance and removal of such Separate Utilitles.
(c) The grantor shall have the right at any time to relocate Separate Utilities located on the grantor's
Outparosl upon thirty (30) days' prior written notice to the grantee, provided that such relocation shall:
(i) not interfere with or diminish the Utilities service to the grantee;
(11) not reduce or unreasonably Impair the usefulness or function of such Utilities;
(ilk) be performed without cost or expense to grantee,
(iv) be completed using materials and design standards which equal or exceed those originally
used;
(v) have been approved by the Uglily company and the appropriate governmental or
quasi -governments) agencies having jurisdiction thereon, and
(vi) not interfere with the conduct or operation of the business of any Occupant of the grantee's
Oulparcel.
At its sofa cost, the grantor shall promptly provide Declarant and the grantee with documentation (Including an as -built survey, if
requested) showing the new location of any such relocated Separate Utilities.
2.3 Easement in Eavorof Declarant. Declarant hereby reserves to itself, together with the right to grant
and transfer same to Its successors and assigns, a non-exclusive easement for Ingress, egress, construction and maintenance
purposes over such portions of the Development as may be reasonably necessary for Declarant to discharge its obligations as
described In this Declaration. All future Owners, by taking title to a Outparcel subject to this Declaration, shall be subject to the
grant of the foregoing easement.
2.4 Easement: Drainaoe. Each Owner grants to Declarant, all other Owners and their Occupants a
nonexclusive easement over and under Its Oulparcel for surface water drainage over and through the drainage patterns and storm
water drainage systems that are established from time to time within the Development, Nothing herein shall prevent an Owner
from relocating the drainage patterns established upon such Owner's Outparcel, provided such relocation does not unreasonably
interfere with the surface water drainage of other Outparcefs within the Development nor interfere with the orderly discharge of
surface water From such other Outparcels. By taking title subject to this Declaration, each future Owner shall be subject to this
grant of easement. The parties acknowledge that the Reciprocal Easement and Maintenance Agreement recorded in Book 1836,
Page 1392 of the Offidal Records of Brunswick County, North Carolina (as amended, "Leland Town Center REA") provides for a
storm water drainage pond serving the larger bland Town Center project, which will be used by the Development for storm water
drainage and may be relocated as provided by the !eland Town Center REA.
2.5 Permlitees, Each Owner and Occupant shall have the right to license or permit any or all of their
Permittees to use and enjoy the easements granted In this Article II, subject to all limitations, conditions, duties and/or restrictions
this Declaration imposes thereon and that such Owner and/or Occupant may Impose, if any, in granting such license or permission;
provided, however, that no such license or permission shall authorize a Permitlee to expand the scope or nature of the easement

II I II I II Ili I ! II ! I II IIlIII I ! II II I I III BaoK:4241 PAGE:1313 Noe o 9
Page 7 of 29
Brenda M. Clennnons. Brunswick County. NC Register of Deeds
granted herein to such Owner and Occupant. The easements granted hereunder are not intended to, nor shall they be construed
as, creating any rights in or for the general public, nor shall they affect any real property outside of the Development.
2.6 Restriction on Grant of Easements. No Owner shell grant any easements over any land within the
Development for the benefit of any land outside the Development; provided, however, that the foregoing shah not prohibit the
granting or dedicating of Utility and drainage easements by an Owner on Its Outparcel to governmental or quasi -governmental
aulhoriiles or to public Utilities. Notwithstanding the foregoing, the Owners acknowledge the existing rights and easements
created by the Leland Town Center REA and by that certain Easement and Restriction Agreement recorded in Boots 3880, Page
937 of the Official Records of Brunswick County, North Carolina (as amended, the "Aldt REX).
2.7 Dominant and Servient Estates. Each easement granted or reserved pursuant to the provisions
hereof is expressly for the benefit of each Outparcel, and the Oulparcel benefilted shall be the dominant estate and the Oulparcel
upon which each such easement is located shall be the servient estate, and each such easement shall run with the land and shall
Inure to the benefit of and be binding upon the successors and assigns of Declarant.
ARTICLE 11- MAINTENANCE AND REPAIR
3.1 Maintenance and Repair.
(a) Each Owner shall be responsible for keeping the Exterlor Areas on Its Oulparoel clean and free from
refuse and rubbish. Each Owner shall use dhlgent efforts to keep the Improvements on its Outparcel In slightly conditlon, free of
graffi(i. Any landscaped areas on an Outparcel shah be mowed and otherwise tended to by such Owner and shall comply with any
landscape plan promulgated by the Initial Developer (el.andscape Plan'), as well as with any landscaping requirements Imposed by
the City. Such Owner shall maintain, repair and replace all portions of the Access Drive located on Its Outparcel to keep such
portion of the Access Drive at all limes In a safe, sightly, good and functional condition.
(b) Each Owner shall patch, slurry --seat, repave, restripe and replace markings on the surface of the
parking areas, Accoss Drives and driveways on Its Outparcel from time to time as and when necessary in keeping with industry
standards to provide for the orderly parking and passage of automobiles, and shall place and maintain adequate exit, entrance and
other traffic control signs to direct traffic in and out of said parking areas. All striping and other markings on each Oulparcel shall
be consistent with the balance of the Development, and the lighting, paving and striping materials on any Oulparcel shall be
consistent with those used on the balance of the Development. Notwithstanding the foregoing, nothing herein shall be deemed to
provide Owner with any obligation to oarstruot any initial parking area Improvements on Its Outparcel prior to construction of a
Building thereon.
(c) Each Owner shall service, maintain, repair, replace and pay the cast of any fees or charges in connection
with the Utilities located on its Outparcel to the extent that such Utilities service the improvements on that Oulparcel. To the extent
that any Utilities exclusively servicing any Outparcel crosses another Ownef's Parcel, such Utilities shall be so maintalned by the
party served by the Utilities, subject to the provisions of Section 2.2 hereof, With respect to Utilities serving more then one
Outparoel, each Owner shall malnlain Me pordort of such Utilities crosaing Its respsc1111e OutYarcel.
(d) The Owner of each Outparcel shall be responsible for cleaning, maintaining and re-lemping of any
external lighting fixtures and related fixtures located on such Oulparcel. All lighting facilities and fixtures shall be designed and
Installed with separate meters to measure the electricity consumed on such Oulparcei.
(a) Monument signs may be constructed within the locations shown therefor on the Site Plan. Such monument
signs shalt be constructed In accordance with all governmental requirements applicable thereto, and shall be subject to Section 4.5
below. The Owner constructing such monument sign shall obtain all governmental approvals therefor and shall design such
monument sign that it may accommodate the number of Identification sign panels required therefor. The position of each
Occupant's identification sign panels shall be subject to the prior written approval of the Declarant, which approval shah not be
unreasonably vdthheid. Each Occupant locating Its Identification sign on a monument sign shall, prior to locating such sign, first
reimburse the Owner which constructed such monument sign for its prorate share of the reasonable cost of design, fabrication and
installation of such monument sign and the electrical service thereto as well as the reasonable cost of obtaining governmental
approvals therefor. Such prorate share shall be equal to the square footage of such identification sign divided by the total square

BOOIC:4241 PAGE:1314 Pa oz of 9
I i i i Page 8 of 29
Brenda M. Clenmions. Brunswick County. NC Register of Deeds
..Mage approved for all identification signs which may be located thereon. Each Occupant locating its Identification sign on a
monument sign shall be obligated to reimburse the Owner on whose 04arcel such monument sign is located for its prorate share
of the cost of operating and malntaining, repairing and replacing such monument sign, which prorate share shall be equal to the
square footage of such Identification sign divided by the total square footage of identification signs located thereon.
Notwithstanding the foregoing, the Owner constructing such monument sign and each Occupant may alter the cost -sharing
arrangement above.
(i) Any signage installed by an Owner or Occupant In the development shall comply with all appllcacie
governmental requirements.
(g) The Initial Declarant hereby grants to the Owner of the adjacent development shown on Exhibit S
("Adjacent Developmenr) (and initial Declarant, as the Owner of the Adjacent Development, reserves) the right to construct, install,
operate, maintain, repair and replace a pylon or monument sign on Outparcet 5 approximately In the localion shown on x� hub t "a!
(Tylonl. The Pylon shall be for the benefit of the occupants of the Adjacent Development and the Owners and Occupants shag
not have any right to slgnage on the Pylon unless granted by Declarant pursuant to a separate agreement between the Owner of
the Adjacent Development and such Owner of an Outparcel. The "Owner" of the Adjacent Development shall mean or refer to one
or more persons or entities who alone or collectively are the record owner(s) of fee simple title to the Adjacent Development,
Including initial Declarant
ARTICLE IV- COVENANTS AND RESTRICTIONS
4.1 Permitted Uses. AN Outparcels in the Development shall be used for no purpose other than as
permitted by the applicable zoning and land use ordinances of the City applicable to the Development and not prohibited by the
Leland Town Center REA or the Aldl REA.
4.2 restrictions on Devalwopt. Each Oulparcei shall be subject to the following restrictlons which
shall be binding on each Owner, Occupant and Permiltee:
(a) No obstruction lo the he flow of traffic and use of the parkhig and delivery facilities shall be
permitted, except to the extent, ff any, indicated on the Site Plan or therein expressly provided for.
(b) No Building shall be permitted in portions of the Development except within the Building Areas
shown on the Site Plan, nor shall any Building or structure in the Building Areas exceed the 'Maximum Building Floor Areas°
applicable to each Outparcel as shown on the Slte Plan. If any adjacent Outparcels are jointly developed under common
ownership, Then Maximum Building Floor Areas may be aggregated on such Outparcels. If Initial Declarant shall pursue a lot line
adjustment between Outparcels owned by Initial Declarant, Initial Declarant may reallocate the Maximum Building Floor Area
between such Outparcels, provided the total Maximum Building Floor Area for the affected Outparcels shag remain unchanged.
(a) Each Owner shall at all Umes maintain on its Outparcel at least the number of parking spaces equal
to the number of parking spaces required under applicable governmenrai rules, regulations and ordinances, subject to
thm-applicable variances. No Building or other structure shall be pemdtled on a Outparcel If such Building or other structure
would reduce the number of parking spaces on such Outparcel below such required number. If any adjacent Outparcels are jointly
developed under common ownership, then parking may be aggregated on such adjacent Outparcels. If Initial Declarant shall
pursue a lot line adjustment between Outparcels awned by Initial Declarant, Initial Declarant may reallocate the parking between
such Outparcels, provided the total amount of parking to be provided for the affected Outparcels shall remain unchanged.
(d) Any construction shall be conducted in such a manner as will limit, to the maximum extent
practicable, any interference with the operation of the balance of the Development.
(e) No Oulparcel shall be used for a business or use which (1) creates strong, unusual or offensive
odors, fumes, dust or vapors which are experienced on any other Outparcei; (lI) Is a public or private nuNews; (IIQ emits noise or
sounds which are ot>jeclionable due to intermittence, beat, frequency, shrillness or loudness, or (Iv) or creates unusual fire,
explosive or other hazards.

BOOI<:4241 PAGE:1315 Pa o2 of29
1 f i I i i i 1 Page 9 of 29
Brenda M. Clenmtons. Bnmswick County. NC Register of Deeds
(f) No"ior. of a Oulparcel A —hall be Used for any prohibited use listed on Dxhibl "C" attached hereto.
The Development shall also be subject to the use restrictions set forth on Exhibit T
(g) No Building on an Outparcel shall exceed thirty (30) feet In height above grade, Including
architectural embellishments.
4.3 Use of Exterior Areas. In order to provide for the orderly development and operation of the Property, no
Owner or Occupant shall display, store or sell any merchandise or place portable signs or other objects outside the defined exterior
walls, roof and permanent doorways of Its Building; provided, however, this restriction shall not apply to (I) any Owner's or
Occupant's use of any Service Area on its outparcel for loading, unloading and staging inventory; (11) any outdoor dining areas
adjacent to a Building; and (tit) drive -through facilities.
4.4 Oth -rOperallonsaindUns. Operations and uses that are neither specifically prohibited nor specifically
authorized by this Declaration may be permitted In a specific case If (1) written operational plans and specifications for such
operations or uses, containing such Information as may be reasonably and in good faith required by Declarant, are submitted to and
approved in writing by Declarant, which approval shall be based reasonably and in good faith on analysis of the anticipated affect of
such operations or uses upon other Outparcels, upon other real properly In the vicinity of the Development, and upon the
Occupants thereof, but shall be In the sole discretion of Declarant; and (11) upon obtaining approvals and any necessary variances
from governmental authorities having jurisdiction themover.
4.5 Architectural Control. No Improvements of any kind shall be constructed, erected, painted or
maintained on any outparcel, nor shall any alteration of any kind be made thereto, until the same shall have been determined by
Declarant to comply with the Site Plan, to be architecturally consistent and harmonious with the remainder of the Development, and
to be In compllance with the Landscape Plan and Utility Plan; provided, however, that the restrictions set forth in this Section shall
not apply to improvements which are to be erected, placed or altered entirely within a Building and which do not affect the exterior
or the structural design of the Building. Not less than two (2) complete sets of plans and specifications, labeled with the Owner's
name, address and telephone number, which shall be prepared by a licensed architect or landscape architect, as applicable, and
other documentation which shall include, but. not be timiled to, site plans, floor plans, exterior elevations, sections, materials, colors,
landscaping, irrigation, signage, exterior lighting and any other information needed to accurately describe the exterior appearance
or functional characteristics of the Improvements, shall be submitted to Declarant for written approval prior to the commencement
of the construction or alteration of any such improvements. Declarant shall have a right to assess a reasonable fee to defray the
expenses or Its review obligations under this Section.
Declarant shall approve or disapprove any application within thirty (30) days from the recelpt thereof. If
Declarant falls to either approve or disapprove such application within said 30-day period, It shall be conclusively presumed that
Declarant has approved the request. One copy of said application shall, with the approval or disapproval endorsed thereon, be
returned to the party submitting the request and a duplicate set shall be retained by Declarant for its permanent files.
Declarant shall not be liable in damages or otherwise for any good With reason, including, without limitation,
any mistake in judgment, negligence or nonfeasance, arising out of or In connection with the approval or disapproval or failure to
approve or disapprove any application submitted pursuant to this Declaration. Every Person who submits plans, drawings and/or
specifications to Declarant for approval agrees by submission of such plans, drawings and/or specifications, and every Owner of
any Interest in a Outparcel agrees by acquiring title thereto or interest therein, that It will not bring any action or suit against
Declarant to recover any sucli damages. In addition, each Owner hereby agrees to Indemnify Declarant with respect to the
approval or disapproval of any plans, drawings and/or specifications submitted to It by or on behalf of such Owner. In reviewing
and approving plans, drawings and/or specifications pursuant to this Declaration, Declarants decisions may be based solely on
aesthetic grounds, and no representation or warranty regarding the suitability, adequacy or completeness of such plans, drawings
and/or specifications shall be deemed to have been made. No approval shall be considered an approval of the plans, drawings
and/or specifications from an engineering perspective or a determination that the plans, drawings and/or specifications are suitable
to meet building, environmental or engineering design standards, or that any Improvements have been built in accordance with
such plans, drawings andlor specifications. Decarant need not engage the services of a licensed engineer or architect.
Declarant shall not be liable for any damage, loss or prejudice suffered or claimed on account of or in connection with (a) the
approval or disapproval of any plans, drawings and/or specifications, whether or not defeclive; (b) the construction or performance

BOOI<:4241 PAGE:13 a 6 0911112019 ,o
I i Page 10 of 29
Brenda M. Clemmais. Brunswick County. NC Register of Deeds
of any work, whether or not pursuant to approved plans, drawings and/or specifications, or (c) the development of any pars of [he
land within the Development.
Any officer, director, employee or agent of Declarant, at any reasonable time and after not less than
twenty-four (24) hours' notice, during construction or for one (1) year after completion of construction, may enter, without being
deemed guilty of trespass, upon any Outparcel and Improvements thereon In order to inspect Improvements constructed or being
constructed on such Outparcal to ascertain that such Improvements have been or are being built In compliance with plans and
specifications approved by Declarant
4.6 Compliance with Laws. All Improvements and all landscaping shall be completed in compliance with all
applicable permits and authorizations, all building and zoning laws and all other laws, ordinances, orders, codes, rules, regulations
and requirements of all federal, state, county, municipal governmental agencies and bodles having jurisdiction, including the
provisions of the applicable Uniform Building Code or its successor.
4.7 Complellon of Work. After the commencement of the work with respect to any improvements approved
by Declarant in accordance with the terms hereof, such work shall be diligently prosecuted so that the Improvements shall not
remain in a partly finished condition any longer than reasonably necessary for the completion thereof. All construction shall be
done so as to cause minimal interference with the business operations conducted from those Buildings already open for business.
During any oonstnrctlon, the construction site and surrounding areas shall be kept reasonably clean and free of construction
materials, trash and debris, and appropriate precautions shall be taken to protect against personal injury and property damage to
Declarant, other Owners and Occupants. With regard to excavation, and without limiting any other provision of this Declaration,
no excavation shall be made on, and no sand, gravel, sail or other material shall be removed from, the site, except in connection
with the construction or alteration of Improvements approved in the manner set forth to this Article, and upon completion of any
such operations, exposed openings shall be backfired and disturbed ground shall be graded, leveled and paved or landscaped in
accordance with the previously approved plans and specifications contemplated In this Article. After such completion of the
improvements, there shall not be any other material change in the aforesaid Improvements without prior approval In writing by
Declarant in the manner contemplated in this Article. Failure to comply with this Article shall oonsfitule a breach of this Declaration
and subject the defaulting party or parties to ail enforcement procedures set forth in this Declaration and any other remedies
provided by law or In equity.
4,8 Undeveloped Building na and Exterior Areas•
(a) During such time as any Outparcal is undeveloped, all such Building Areas and Exterior Areas thereon shell be
leveled, clearedr maintained free of all weeds, vegetation and other debris and with adequate provisions for erosion control, at the
sole cost of the Owner thereof until such time as such Owner shall construct a Building on Its Outparcel. If any Building shall be
razed after its Initial construction, until such Building is restored, the Owner thereof shall maintain, at its sole cost, its Building Area
In the same manner required by this Section 4.8 prior to its redevelopment.
(b) Notwithstanding the foregoing, with respect to the Access Drives of the Development, an Owner may construct
all or any portion of the Acwse Drives as shown on the Slle plan and in accordance udth plans and specifications approved by
Declarant. Such plans and specifications shall meet any applicable governmental requirements. With respect io tha portions of
the Access Drives and/or monument signs which shall be located on the Oulparcel of another Owner, the constructing Owner shall
be obligated to give to the other Owner not less than fifteen (16) days prior written notice before exercising such right, and tf the
other Owner shall covenant with the construcling Owner within such ftfieen (15) day period to commence such construction and to
complete the same within a time frame reasonably acceptable to the constructing Owner,'then the constructing Owner shall not
have the right to oonstruct and complete the same on the other Owner's Oulparcel unless the other Owner shall default on such
covenant. In the event the constructing Owner constructs and completes such Access Drives and/or monument signs on the other
Owner's Outpareel, the constructing Owner shall be entitled to be reimbursed by the other Owner for the reasonable cost Incurred
by the constructing Owner to construct the portion of the Access Drive and/or monument signs located on the reimbursing Owner's
Outparcel, which reimbursement shall be made within thirty (30) days after receipt of (t) Invoice therefor and such other supporting
documentation as shall be reasonably necessary; (10 unconditlonal full Gen releases for such work; and (lit) any warranties
applicable to such work. Each Owner grants the other Owners a temporary nonexolusive easement in, to, over, under, along and
across those portions of the Exterior Areas (exclusive of any portion located within a Building Area) necessary for the exercise of
the rights set forth In this paragraph (b).

BOOI<:4241 PAGE:1317 11 oz zz°auo
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Brenda M. Clenunons. Brunswick County. NC Register of Deeds
4,9 Machanic's or Construction Ugn If, because of any actual or alleged act or omission of any Owner
constructing improvements In the Development, any mechanic's or construction lien shall be filed with respect to any portion of the
Development (whetheror not such lien Is valid or enforceable), such constructing Owner shall cause such lien to be discharged of
record or bonded with respect to such portion of the Development not owned by the constructing Owner, within thirty (30) days after
the filing thereof, and the constructing Owner shall Indemnify all other Owners, ground and underlying lessors and Mortgagees with
respect to such lien. If such constructing Owner fags to comply with the foregoing, Declarant shag have the option of discharging
or bonding any such Tian and, If such option is exercised, of then assessing the constructing Owner for of costs and expenses
(including reasonable attorneys' fees) incurred in connection therewith. If the constructing Owner fails to pay such assessment
within ten (10) days, Declarant shall have all rights allowed by law for the collection thereof including, but not limited to, the rights
set forth In Article VI I hereof,
ARTICLE V - EMINENT DOMAIN
If any part of the Development Including the Access Drive, shall be taken by eminent domain or under any
other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Owner whose
property was so taken or Its Occupants, as their interests may appear, or as such Owner and Occupants have agreed to, and the
other Owners shag not claim any portion of such award by virtue of any interests created by this Declaration. However, the other
Owners may isle a claim with the condemning authority over and above the value of the property so taken to the extent of any
damage suffered by such Owner resulting from lire severance of such area taken. The Owner whose property was so condemned
shag promptly repair and restore In accordance with this Declaration the remaining portion of Its Oulparcel as nearly as practicable
to the condition existing immediately prior to such condemnation without contribution from the other Owners; provided, however,
that If (a) such portion of an Owner's Building Area (which for purposes of this Article V shall Include all Service Areas), or (b) such
portion of the Access Drive which, In an Owner's reasonable judgment, materially impairs the operations of such Owner or Its
Occupants, is taken by condemnation, then the Owner whose operations are so materially Impaired may elect, within sixty (60)
days of the date of the taking by the condemning authority, by written notice to the other Owner(s), to terminate this Declaration as
to the Outparcel so materially Impaired; provided, further, however, that in the event such taking is so substantial that the operation
of the entire Development Is materially impaired, this Declaration shall be terminated in its entirety (except any perpetual
easements shall continue In effect).
ARTICLE Vl - TAXES, INSURANCE AND INDEMNITY
6.1 Realty Taxes and Assessments. Each Owner shag pay, or cause to be paid by such Owner's
Occupants, when due all real estate taxes and assessments that may be levied, assessed, or charged by any public authority
against such Owners Outparcel, the improvements thereon or any other part thereof. If an Owner shall deem any real estate tax
or assessment (including the rate thereof or the assessed valuation of the property) to be excessive or Illegal, such Owner shall
have the right, at its sole cost, to contest the same by appropriate proceedings, and nothing contained herein shall require such
Owner to pay any such real estate tax or assessment as long as (a) no other Owner's Oulparcel would be immediately affected by
such failure to pay (or bond); and (b) the amount or validity thereof shall be contested in good With. If the failure to pay (or bond)
such tax would affect another Owners Outparcei, such other Owner shall have the right to pay such tax and shall have a lien on the
nonpaying Owner's Outparcel for the amount so paid until reimbursed for such payment. Any such Ilan shall be subject and junior
to, and In no way impair or defeat, the lien or charge of any Mortgage.
6.2 Properly I sr sura�ce, At all Imes, each Owner, with respect to all Improvements located from time to
time on its Oulparcel, shag maintain or cause to be maintained 'all risk" property insurance In an amount equal to one hundred
percent (1 ON) of the full replacement cost of such improvements, exclusive of costs of excavation, foundations BnA footings.
Coverage for earthquake and flood shall not be required.
6.3 Liability Insurance. At all times, Declarant and each Owner shall maintain or cause to be maintained
commercial general liability insurance with a combined single limit of liability per occurrence of not less than Two Million Dollars
($2,000,000.00) covering claims, actions, liabilities, damages and costs arising from the construction, restoration, maintenance,
use, operation, occupancy and/or management by Declarant or such Owner of any portion of the Development and resulting In
bodily injury, personal injury ordeath of any Person and/or damage or destruction of property. Declarant's and each Owners policy
10

III 11 I1 ! Jill 111111 i 11111 II 111 BOOK:4241 PAGE:1318 ii oz z o00
Page 22 of 29
Banda M. Clenmions . Brunswick Comity. NC Register of Deeds
shall contain a broad -form contractual liability endorsement Insuring the Insurable aspects of Declarant's or such Owners
Indemnity dunes set forth In Section 63.
6.4 Generd Each policy of Insurance required by Sections 6.2 and 6.3 above shall provide that the insurer
shall endeavor to notify Dedarant and ail Owners thirty (30) days before canceling, reducing (except for payment of claims) or
materially amending such policy. All Insurers shall be financially responsible and qualified to do business In the State. Upon any
Owner's request, Declarant or the requested Owner shall provide the requesting Owner with a certificate from Its insurer evidencing
that the required Insurance is In full force and affect.
6.5 Release and W b ation. Each Owner hereby releases and waives for Itself, and to the
extent legally possible for it to do so, on behalf of Its Insurer, each other Owner and its Occupants from all liability for any loss or
damage to any property located upon the Development which loss or damage Is of the type covered by the "all-risk" property
insurance described in this Article VI, Irrespective of any negligence on the part of the released Owner or Occupant which may
have contributed to or caused such loss. Each Owner covenants that it will, if generally available in the insurance industry, obtain
for the benefit of the other Owners an express waiver of any right of subrogation which the Insurer of such Owner may acquire
against any other Owner by virtue of the payment of any such toss covered by such Insurance,
if any owner is unable by law, statute or governmental regulation to obtain a waiver of the foregoing right of
subrogation for the benefit of another Owner, Then, during any period of time when that waiver is unobtainable, sold owner shall be
deemed not to have released any subrogated claim of its insurer against the other Owner and, during the some period of time, the
other Owner shall be deemed not to have released the Owner who shall have been unable to obtain such waiver from any claims It,
or its insurer may assert which otherwise would have been released pursuant to this Section,
6.6 Blanket Insurance• Self-insurance, Dedarant and any Owner shag have the right to provide the
Insurance required by Sections 6.2 and 6.3 undet a so-called "blanket` Insurance policy covering other gablUdes and locations of
Declarant and an Owner; provided, however, that such blanket policy shall apply to the properties required to be insured by this
Declaration in fie full amount of Insurance required to be carried. Declarant or any Owner shag be entitled to satisfy the insurance
required by this Declaration by means of self-insurance, provided such self -Insuring party shall have a net worth determined in
accordance with generally accepted accounting principles consistently applied In excess of the product of Twenty Five million
Dollars ($26,000,000) multlptlad by the number of Outparcais owned by such party.
6.7 Indem ' . Declarant and each Owner (as Indemnitor) shall Indemnity Declarant and all other Owners,
as applicable, with respect to Indemnitor's construction, restoration, maintenance, use, operation, occupancy and/or management
of any part of the Development.
ARTICLE Vll • DAMAGE TQ IMPROVEMENTS
7.1 Restoration in the event of any damage or destruction to the Access Drive or Common Willies,
whether insured or uninsured, sach' 0!uner shall restore the portion of tha Across Drive and/or Common Utilities located on its
Outparcel with all due diligence In accordance with the plan approval procedure set forth In Article IV, and to the extent feasible to
a condition at least as good as that of the Access Drive or Common Utilities, as applicable, that existed immediately prior to such
damage or destmollon. The rights under Section 2.2(a) for an Owner to construct Common Utilities on another Owner's Outparcel
and to be reimbursed therefor and the rights under Section 4.6(b) for an Owner to constructAccess Drives and/or monument signs
on another Owner's Outparcel and to be reimbursed therefor shall apply in the event of damage or destruction to the Access Drives
or Common Utilities, as applicable (but only to the extent the cost of reconstruction is not covered or required to be covered by
Insurance under this Declaration).
7.2 Restoration of Fa ices. If an Owner's Building Is damaged or destroyed, such Owner may, but shall
not be obligated to, restore Its Building within the Building Area shown on the Site Plan for such Owner's Outpercel. If an Owner
elects to so restore its building, such Building shalt be restored to a condition at least as good as that of the Butiding that existed
immediately prior to such damage or destruction and all such restoration and reconstruction shall be performed in accordance with
the following requirements, as the same are applicable thereto:
11

11111111 III 11111111111111111111111111 BOOKA241 PAGE:1319 °i as /2 019
Page 13 of 29
Brenda M. Clemmons . Brunswick County. NC Register of Deeds
(a) No such work shall be commenced unless the Owner desiring to perform the same has In each
Insianoe dwmpgad with the appropriate provisions of Arlicie IV with respect to plan approval.
(b) All work shall be performed In a good and workmanlike manner and shall conform to and comply
with:
Q) The plans and specifications prepared therefor as aforesaid;
(it) All applicable requirements of laws, codes, regulations and rules; and
till) All applicable requirements of this Declaration.
(c) All such work shall be completed with due diligence and at the sole costof the Owner performing the
same.
7.3 Clearing of Pre sea. Whenever an Owner elects not to restore Its Building following its damage or
destruction, such Owner, at Its sole cost, shall raze Its Building or such part thereof as has or have been damaged or destroyed,
dear the Building Area and surrounding Exterior Areas of all debris. Ail such Building Areas not restored to their originat use shall,
at such Owner's sole cost, be leveled, cleared and maintained in accordanoe with Section 4.8(a).
ARTICLE Vill • DECLARATION ASSESSMENTS
8.1 Covenant to by Declaration Assessments. Each Owner covenants to pay Dederant, when due, all
Declaration Assessments levied In accordance with this Declaration.
8.2 DeclaraHon Assessment Lion If any Owner shall have fatted to pay a Declaration Assessment within
ten (10) days after It became due, Declarant shall have the rat to notify such delinquent Owner of such default and demand
payment thereof within ten (10) days. If the delinquent Owner falls to pay the Declaration Assessment in fug within such ten (10)
day period, Dedarent shall have the right to record, in the office of the County where documents are to be recorded, a notice
(°Notice of Declaration Assessment Lien") which shall set forth the then -delinquent amount of the Declaration Assessment
(includ6ng, If applicable, a late charge, interest at the Interest Rate and accrued collection costs, Including attorney fees) owed by
the delinquent Owner and a legal description of the Outparcel of the delinquent Owner. Upon recordation of such Notice of
Declaration Assessment Lien, the then -delinquent Declaration Assessment shag constitute a continuing "Declaration Assessment
Lien° upon the delinquent Owner's Outparcel described in the Notice of Declaration Assessment Lien which lien may be enforced
by lawsuit, trustee's sale under power of sale (such power being hereby granted to Declarant), by judicial foreclosure or by any
other method allowed bylaw. If the Declaration Assessment secured by such Declaration Assessment Lien shall not have been
paid in full within ten (10) days after such Notice of Declaration Assessment Lien shall have been recorded, and if the delinquent
Owner shag have been provided with a copy of such recorded Notice of Declaration Assessment Lien, Declarant may enforce
payment of the Declaration Assessment or enforce the Declaration Assessment Lien against the Oulparcel of the delinquent Owner
by taking either nr both of the following actions, concurrently or separately:
(i) Filing an action against the delinquent Owner seeking a personal judgment for money
damages equal to the fug amount of the Declaration Assessment; and/or
(11) Foreclosing the Declaration Assessment Lien against the delinquent Owner's
Outparcel In accordance with the law relating to the foreclosure of really mortgages
(including the right to recover any defidency).
8.3 Declaration Assessments as}' Mnal Obltgaflons. Each Declaration Assessment shall be the personal
obligation of such delinquent Owner, but such personal obligation of such Owner shag not be deemed to discharge or limit any
Declaration Assessment Llen encurthering the Outparcel of such Owner. The obligations of such Owner hereunder do not,
however, constitute personal obligations of the Individual or individuals comprising the entity or entities which are an Owner herein
and neither Declarant not any other Owner shall seek recourse against such individuals nor their personal assets for any money
judgment against an Owner. If any Oulparcei as to which a Notice or Declaration Assessment Lien has been recorded pursuant to
12

BOOK:4241 PAGE:1324 Page 14: fcoo
Page of 29
Brenda M. Clenrnons. B,unswkk County. NC Register or Deeds
Section 8.2 is sold, conveyed or otherwise transferred, In whole or In pars, by the Owner thereof, the fee interest in such Outparcal
shall remain subject and subordinate to the Declaration Assessment Lien created by reason of the delinquency described In the
recorded Notice of Declaration Assessment Lien,
84 Superiod�gf Declaration Assess enm t Lien. The Declaration Assessment lien shall be superior to any
and all other charges, liens and encumbrances which hereafter in any manner may arise or be Imposed upon any portion of the
Development, regardless of the order of filing of any of the foregoing; provided, however, that such Declaration Assessment Lien
shall be subject and subordinate to;
(1) Liens for taxes and assessments and other public charges which by applicable law are
expressly made superior thereto.
(ii) Any Mortgages recorded in the office of the County where documents are recorded, prior
to the date of recordation of a Notice of Declaration Assessment Lien; provided, however,
that any Mortgages recorded after a Notice of Declaration Assessment Lien Is recorded
shall be junior and subordinate to the Declaration Assessment Lien.
If an Owner shall be delinquent in paying any amounts due hereunder and, as a result thereof, a Notice of
Declaration Assessment lien shall be recorded against such Owner's Oulparcel, the Person recording such Notice of Declaration
Assessment Lien may record subsequent Notices of Declaration Assessment Lien as to any amounts owing by such Owner to such
Person that become delinquent after the recordation of such Notice of Declaration Assessment Lien, and the priority of the
Declaration Assessment Lien as to any such amounts thereafter becoming delinquent shall be fixed as of the date of recordation of
the first such Notice of Declaration Assessment Lien, but only If same has not been discharged. A Person may prosecute a single
Declaration Assessment Lien foreclosure action as to amounts delinquent at the time a Notice of Declaration Assessment Lien Is
recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendorod In such
action.
8.5 Release of Declaration Assessment Lien. Upon the curing of any default for which a Notice of
Declaration Assessment Lien was recorded, the Person recording such Notice of Declaration Assessment Lien shall record an
appropriate release of any Notice of Declaration Assessment Lien upon payment by the defaul ft Owner of a reasonable fee, to be
determined by the Person recording such Notice of Declaration Assessment lien, to cover the costs of preparing and recording
such release, together with the payment of such other costs, Including, without Ilroltation, reasonable attorney fees and court costs,
Interest and other fees such Person shall have incurred in connection therewith.
ARTICLE IX - REMEDIF&
9,1 self Heig, Lien PJghts DIs up_tes.
(a) In the event an Owner of a Outparcel defaults in the performance of any of Its obligations or
agreements set forth herein "Defaulting Owner"), Declarant and arc►. other Owner shall have the right; but not the obligation, to
cure such default for the account of and at the expense of such Defaulting Owner, and shall be permitted to enter upon any
Defaulting Owner's Oulparcel to effect such cure, provided, however, that the foregoing remedy shall riot be exercisable until ten
(10) days following written notice of such breach to the Defaulting Owner, and only If the breach has not been cured (or the cure
commenced and diligently prosecuted) during said ten (10) day period.
(b) All costs and expenses incurred by the curing party to cure any Defaulting Owner's default pursuant to
Section 9.1(a) above, together with Interest at the Interest Rafe from the date of outlay, shall be reimbursed as a Declaration
Assessment by the Defaulting Owner to the curing party hereunder upon demand therefor.
9.2 Remedies. The violation or breach by an Owner of any covenant, condition or restriction heroin
contained, whether by act or omission, shall constitute a nuisance and shall give each other Owner the right to (a) enter such
breaching Owner's Oulparcel and summarily abate and remove, at the expense of the breaching Owner, any structure, thing or
condition that may exist thereon contrary to the intent and meaning of the provisions hereof; provided, however, that the foregoing
remedy shall not be exercisable until ten (10) days following written notice of such breach to such breaching Owner, and only If the
13

BOOI<:4241 PAGE:1321 11:02:::22 a
Page 15 of 29
Brenda M. Clentmons. Brunswick Courtly. NC Register of Deeds
breach has not been cured for the cure commenced and diligently prosecuted) during said ten (10) day period, andlor (b) prosecute
a proceeding at law or In equity against the person or persons who have violated or are attempting to violate any of these
covenants, conditions or restrictions, to enjoin or prevent them from doing so, and to cause such violation to be remedied. Should
any of the provisions hereof be violated, it will be difficult or impossible to determine the amount of damages resulting therefrom.
Therefore, in addition to any other remedles set forth herein, each olher Owner shall be entitled to seek a temporary and a
permanent Injunction by any court of competent jurisdiction against the breach of any such provisions. Any costs and expenses of
any such proceeding, Including attorneys' fees, shall be Included as a Declaration Assessment hereunder and shall be paid by the
breaching Owner to such other Owner upon demand therefor.
ARTICLE X - NOTICES
Any notice, report or demand to be given to an Owner under the provisions of this Declaration shall be in
writing and shall be delivered personally, sent by registered or certified mail, return receipt requested, or sent by overnight courier
(Le., Federal Express or similar service) to the most recent addressfurnished by such parties in writing to Declarant for the purpose
of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Outparcel. Any notice
so deposited In the mall within the county in which the Development is located shall be doomed delivered sevenly-two (72) hours
after such deposit. In the case of co -Owners, any such notice maybe delivered or sent to anyone of the co -Owners on beh alf of
al co -Owners and shall be deemed delivered on all such co-Owwners.
Any notice to Initial Declarant shall be delivered in the above manner to:
LELAND TOWN CENTER, LLC
2709 Thorrhgrove Court, Suite I
Fayetteville NC 28303
or to the most recent address furnished by Declarant in writing to the Owners for the purpose of giving notice.
HAZARDOUS PKERIALS
t 1.1 Qogral Prohibition ainst Use of Hazardous Materials. Neither the Owner nor any Occupant shall
release, generate, use, store, transport, handle or dispose of any Hazardous Material within any portion of the Development,
except an Owner or Oocupant may generate, use, store, transport or handle Hazardous Materials on such Owner's or Occupant's
Outparcel but only In accordance with all applicable laws, ordinances, rules and regulations now or hereafter promulgated by any
governmental authority having jurisdiction thereof. No Owners or Occupants shall Install, operate or maintain any above-, below -
or at -grade tank, sump, pit, pond, lagoon or other storage or treatment vessel or device on or about Its Ouiparcel, unless plans for
the construction thereof have been submitted to and approved by Declarant pursuant to Section 4.4 hereof and submitted to and
approved by governmental authorities having jurisdiction fhereover.
11.2 Clean -Up of Hazardous Materials Compliance with Hazardous Materlds Laws, Each Owner shall (a)
be responsible for the dean -up, removal, remediallon and Investigation of any Hazardous Materials contamiriallon of SPY portion of
the Development which arises in connection with such Owner's or such Owner's Occupant(sy use, handling, storage, generation,
release, disposal or transport of Hazardous Materials; (b) use its good faith diligent efforts to comply with all orders, directives and
requests of applicable governmental agencies with respect to the clean-up, removal, remedlation andlor investigation of such
contamination, and (c) comply with all statutes, ordinances, regulations and rules governing the use, handling, storage, treatment,
transport or disposal of Hazardous Materials.
11.3 Irhdemn'siicallon. Notwithstanding any other provision of this Declaration to the contrary, in the event
Hazardous Materials are released within the Development and such release occurs as a director Indirect result of an Owner's orits
Occupants use, handling, storage or transportation of such Hazardous Materials, as between the Owners, the Owner who
engaged In such activity or whose Occupant engaged In such activity shall be solely responsible and liable for the prompt cleanup
and remedlation of any resulting contamination and shall Indemnify all other Owners with respect to such release.
14

! 1 ill Jill 1111111 !! I11 ! 1111 BOOK:4241 PAGE:1322 ii/a /2019
Page 16 of 29
Brsnda M. Clemmons-, Brunswick County. K Register of Deeds
ARTICLE_XL- M-140LI.ANE0U5
12.1 Invalldltof Provisiotrs. if any provision of this Declaration or portion hereof, or the application hereof
to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Declaratlon,
or the application of such provision or portion hereof to any other persons or circumstances, shaft not be affected hereby; It shall not
be deemed that any such invalid provision affects the consideration for this Declaration, and each provision of this Declaration shall
be valid and enforceable to the fullest extent permitted by law.
12.2 Term. This Declaration and the easements, rights, obligations and liabilities created hereby, as the
same may be modified, amended, or terminated pursuant to the terms of this Declaration, shall be perpetual to the extent permltted
by law,
12.3 Applicable Law. This Declaration shall be construed in accordance with the laws of the State of North
C :1u IM
12.4 Headings. The section headings In this Declaration are for convenience only, shall in noway
define or limit the scope or content of this Declaration, and shall not be considered In any construction or Interpretation of this
Declaration or any part hereof,
12.6 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained
herein shall allach to and run with each Outparcei and shall benefit or be binding upon the successors and assigns in interest of the
respective Owners. This Declaration and all the terms, covenants and conditions herein contained shall be enforceable as
equitable servitudes in favor of said Outparcels and any portion thereof.
12.6 Breach Shall Not PermitTerminallon. No breach of this Declaraflon shall entitle any Owner to cancel,
rescind, or otherwise terminate this Declaration, and such limitations shall not affect In any manner any of the rights or remedies
which the Owners may have by reason of any breach of this Declaration.
12.7 Breach - Effect on Mortgagee and Egght to Cure. Breach of any of the covenants or restrictions
contained In this Declaration shall not defeat or render invalid the lien of any Mortgage made In good faith, but all of the foregoing
provisions, restrictions, and covenants shall be binding and effective against any Owner, who acquires ttla by foreclosure or
trustee's sale or by deed In lieu of foreclosure or trustee's sale; provided, however, that any such Owner who acquires title by
foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shalt take titre free of any liens created or provided for
hereunder, though otherwise subject to (he provisions hereof. Notwithstanding any other provision in this Declaration for notices
of default, the Mortgagee of any Defaulting Owner shall be entitled to notice of the Defaulting Owner's default, given in the same
manner that other notices are required to be given under this Declaration; provided, however, that said Mortgagee shall have, prior
to the occurrence of the default, notified the other Owners of the Mortgagee's interest and malting address, if any notice shall be
given of the default to an Owner and such Defaulting Owner shall have failed to cursor commence to cure such default as provided
In this Declaration, then the Owner desiring to pursue its remedies against the Defaulting Owner shall give such Mortgagee (which
has previously given the above -stated notice to sii0 Crimer) under any Mortgage affecting the Oulparcet of the Defaulting Owner
an additional notice given in the manner provided above, that the defaulting Owner has failed to cure such default and that such
Mortgagee shall have thirty (30) days after said additional notice to cure any such default. Giving or falling to give any notice of
default to any Mortgagee shall In no event create any liability on the part of the Owner desiring to pursue Its remedies.
12.8 Effect on Third Parties. Except for the benefits to Mortgagees under Section 12.7, the rights,
privileges, or Immunities conferred hereunder are for the benefit of the Owners and not for that of any third party.
12,9 No Partnershlc. Neither this Declaration nor any acts of the Owners shall be deemed or construed by
any of the parties hereto or by any third person to create any relationship of principal and agent, partnership, joint venture, or other
form of assoclallon between any of the Owners.
12.10 Terc All personal pronouns used In this Declaration, whether used In tho masculine,
feminine, or neuter gander, shall include all other genders; the singular shall Include the plural and vice versa.
16

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Brenda M. Clentrnous. Brunsw[ck County. NC Register of Deeds
12.11 Consent In any instance in which any Owner shall be requested to consent to, or approve of, any
matter with respect to which such consent or approval is required or allowed by any of the provisions of this Declaration, such
consent, approval or disapproval shall be given In writing.
12.12 Estoogel Certificate. Upon the written request of any Owner, each Owner shall issue to such other
Owner, or to any prospective Mortgagee or purchaser of such Owner's Outparcel, an estoppel certificate stating (a) whether the
Owner to whom the request has been directed knows of any default under this Declaration and, if there are known defaults,
specifying the nature thereof, (b) whether to Its knowledge this Declaration has been assigned, modified or amended in any way
and, It It has, then stating the nature thereof, and (c) whether, to the Owner's knowledge, [his Declaration as of that date Is In full
force and effect.
12.13 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any
portion of the Development to the general public or for the general public or for any public purpose whatsoever, it being the intention
of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed.
12.14 Release. Itan Owner shall sell, transfer, conveyor assign its entire Oulparcel or Its interest [herein,
such Owner shall, except as provided In this Declaration, be released from its unaccrued obligations hereunder from and after the
date of such sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any transferor Owner
from its unaocrued obligations hereunder that the following conditions are satisfied: (a) such Iransferor Owner shall give notice to
the other Owners of any such sale, transfer, conveyance or assignment; and (b) the transferee shall execute and deliver to the
other Owners a written statement in recordable form in which (I) the name and address of the transferee shall be disclosed and (11)
the transferee shall expressly assume and agree to be bound by and perform all duties of the transferor Owner under this
Declaration. Failure to deliver any such written statement shall not effect the running of any covenants herein with the land and
shall constitute a default by the transferee. Natwithstanding anything In this Section 12.14 to the contrary, no such sale, transfer,
conveyance or assignment or written acknowledgment by the transferee of its duties hereunder shag effectuate a release of the
transteror Owner with respect to duties that accrued hereunder prior to the subject transfer. The foregoing oonditions precedent
shall not apply to any sale, transfer or conveyance by the Initial Developer; such release being effective Fran and after the date of
such sale, transfer or assignment without further action by the Initial Developer, and all transferees of the Initial Developer are
deemed to have assumed and agreed to be bound by and perform all duties of the Initial Developer as Owner of the Outparoel
being transferred.
12.16 Time of fi ssence. 71me is of the essence with respect to the performance of each of the covenants
and duties contained in this Declaration.
12,16 Excuse for Non -Performance. Declarant and each Owner shall be excused from performing any
obligation or duty provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions
hereof, In the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by act of
God, fire, earthquake, flood, explosion, war, Invasion, insurrection, riot, mob violence, sabotage, inability to procure or general
shortage of labor, equipment, facilities or materials supplied in the ordinary course on the open market, failure of normal
transportation, strikes, lookouts, action of labor unions, condemnation, requisition, taws, Inability to obtain governmental approvals
or permits despite an Owner's exercise of due diligence and best efforts,
12.17 Walver of Default. No waiver of any default by Declarant or any Owner shall be implied from any
omission by Declarant or any other Owner to take any action in respect of such default If such default continues or is repeated. No
express written waiver of any default shall affect any default or cover any period of lime other then the default and period of time
specified in such express waiver. One or more written waivers of any default in the performance of any term, provision or
covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the
same term, provision or covenant or any other term, provision or covenant contained herein. The consent or approval by
Declarant or any Owner to or of any act or request by Declarant or any other Owner requiring consent or approval shall not be
deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and
remedies given to Declarant or any Owner by this Declaration shag be deemed to be cumulative and no one of such rights and
remedies shall be exclusive of any of the others, or if any other right or remedy at law or in equity which Declarant or any such
Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by Dederant
or any such Owner shall not impair Dedarant's or such Owner's standing to exercise any other right or remedy.
W.

II I Jill 11111111111111111111111111111 BOOK:4241 PAGE:1324 ii oz 22 utio
Page 18 of 29
Brenda M. Clemmons . Bfunswick County. NC Register of Deeds
12.18 Common Ownership. one Person's ownership of more than one Oulparcei in the Deveiapmenf shall
not constitute a merger between such Outpareels nor operate to terminate this Declaration. For purposes of voting, a Person shall
have one vote for each Oulparcel owned by such Person.
12.19 Conflicts. Notwithstanding a conflict between the terms of this Declaration and either (i) the
provisions of a particular agreement betwcen an owner and its Occupant or (II) the provisions of a particular securily Instrument
between an Owner and a secured party, as among the Owners and their respective successors and assigns in interest, this
Declaration shall control over all such occupancy agreements and security instruments.
12.20 Amendments. Subject to Section 12.23 below, this Declaration may be amended In writing only with
the prior written consent not less than seventy percent (70%) of the Owners of the Development. Notwithstanding the foregoing,
any exclusive use provision set forth on Exhibit "C" may be modified only with the consent of the Owner to whose benefit such
exclusive use provision runs.
12.21 Effect of Declaration. Thts Declaration Is made for the purposes set forth In the Recitals to this
Declaration, and Decarant makes no warranties or representations, express or Implied, as to the binding effector enforceability of
all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations
applicable thereto.
12,22 Non-Ltabttity of Officials. To the fullest extent permitted bylaw, neither the Declarant nor any of its
agents, employees, successor or assigns shall be gable to any Owner for any damage, loss or prejudice suffered or claimed on
account of any decision, approval or disapproval of plans or speclticatians (whether or not defective), course of action, act,
omission, error, negligence or the like made in good faith and reasonably behaved to be within the scope of their duties.
12.23 Additional Rights of initial Developer. Nothing In this Declaration shall limit the right of Initial
Developsr k} alter or reconfigure the Outparcels owned by initial Developer, or to construct such additional Improvements on the
Outparceis owned by Initial Developer as lnifial Developer deems reasonably necessary or advisable. Such right shall include, but
shall not be limited to, erecting, constructing and maintaining on its Oulparcels such structures and displays as may be reasonably
necessary for the conduct of the business of disposing of its Oulparcels by sale, lease or otherwise. This Declaration shall not limit
the right of Initial Developer at any time to establish on the Oulparcels owned by Initial Developer additional licenses, reservations
and rights-ol way to itself, to Wily companies, or to others as may from Ome to time be reasonably necessary for the proper
development and disposal of its Outparcels. Initial Developer reserves the right to alter its construction plans and designs as it
deems appropriate In Its discretion. This Section 12.23 notwithstanding, initial Developer'a ability to modify the exclusive use
provisions set forth in hlFar bit V Is subject to the provisions of Section 12.20 above (otherwise, Initial Developer may amend the
Declaration to achieve the purposes set forth herein without necessity of votes of or signatures by 70% of the Owners). The
provisions of this Section 12.23 are personal to initial Developer and may not be assigned.
12.24 gxculpation of Dedarent. Neither Declarant nor Dedarant's partners, officers, directors, employees or
shareholders shall hays any persons; Ilablity with respect to any of the provisions of this Declaration; and any Persons entitled to
make Bairns hereunder shall look solely to (1) the estate and properly of Declarant In the Oulparcels awned by Declarant and (II)
the proceeds from the sale of any Oulparcels owned by Declarant at the time of the act or omission upon which the claim was
made, for the satisfaction of such claiming Person's remedies, Including, without limitation, the collection of any judgment or the
enforcement of any other judicial process requiring the payment or expenditure of money by Declarant in the event of any default or
breach by Declarant with respect to any of the terms and provision of this Declaration to be observed andlor performed by
Declarant and no other assets of Declarant or any principal of Declarant shall be subject to levy, execution or other judicial
process for the satisfaction of the claiming Person's claim.
12.26 Exhibits. The exhibits attached hereto Exhibit" ", exhibit `B", Exhibit "S-1' and " " are Incorporated
herein by this reference.
12.26 TIt ird Party Beneficiaries. There are no third party beneficiaries of this Declaration other than, (i) Chic k-FII-A,
Inc., as the Tenant under the Ground Lease dated July 10, 2017 for Oulparol 6 ("Chick -RI -A Lease"), is a third party beneficiary of
the rights of the Owner for Oulparcel 6 and for the use restrictions benefiting Chick-Ftl-A, Inc, listed In Exhibit C.; and Starbucks
17

BOO{<:4241 PAGE:I325 Pa oz o o9 e
Page 19 0� 29
Bmwida M. Clemnons. Btrwswick County. NC Register of Deeds
Corporation, as the Tenant under the Lease dated November 16, 2018 for Oulparcei 5 ("Starbucks Lease', Is a third party
benefraary of the rights of the Owner for Outparcei b and tar the use resiriciions bene1tang SWbucka Corporation listed In Exhibit
2.
18

Jill11111 B00K:4241 PAGE:1326 Pa e20of29
1 Page 2D of 29
Brenda M. Clenunons. Biunswick County. NC Register of Deeds
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written.
LELAND TOWN CENTER, LLC, a North Carolina limited partnership
sy
Its
STATE OF NORTH CAROLINA )
) ss.
COUNTY OF CUMBERLAND )
On August 29, 2019 before me, Leonard H . Reaves , Notary Public, personally
appe d as Manager of Leland Town
personally known to me - OR - ❑proved to me on the bas s of salts ory evidence to be the person(s) Center, LLC
whose names
Islare subscribed to the within instrument and acknowledged
to me that helshe/they executed the same In hlAerltheir
authorized capacity(les), and that by hislherllheir
signature(s) on the Instrument the person(s) or the entity
upon behalf of which the pe—ison(s) acted, executed the
Instrument.
WITNESS my hand nd official seal,
Affix notary seat Imprint above -
�AuQus12>�t?0Z4
,SOH„J►,,,,
AVEtS 6
r
♦♦ Cj J
♦,�,JJJJJJIlI1tl` ���,``�
19

BC}OK:4241 PAGE:132 7 0911012019 e u
i Page 2t ai 29
Brarda M. Clenuuons. Brunswick County. NC Register of Deeds
EXHIBIT A
LEGAL DESCRIPTION OF DEVELOPMENT
Lots 2, 3, 4, 5 and 5 as shown on that certain Final Subdivision Plat of Leland Town Center Lots 2.6 located In Town Creek
Township, Brunswick County, North Carolina, which Plat was recorded in Plat Book 115, Pages 17.18 of the Official
Records of the Register of Deeds for Brunswick County, North Carolina ("Parcel Map"j.
"Outparcel 2" Is Lot 2 of the Parcel Map.
"Outparcel 3" Is Lot 3 of the Parcel Map.
"Outparcel 4" Is Lot 4 of the Parcel Map.
"Outparcol 5" is Lot 5 of the Parcel Map.
"Outparcel.6" is Lot 6 of the Parcel Map.
In the event there is a future lot line adjustment between any of Lot 2, Lot 3, Lot 4, Lot 5 andlor Lot 6, the corresponding
"Outparcel" shall be deemed adjusted to correspond with the boundaries as adjusted by the lot line adjustment.
EXHIBIT B
SITE PLAN
B-1-1

1111111111111111111111111111111111111
BOOK:4241 PAGE:1328 ii0222000 E
Page 22 op 29
Brenda M. Clemmons. Brunswick County. NC Register of Deeds
nm»'�nlw.alw, � u
�weananawmuxim n of vor+alooal"wmwi 4 Cj
. :•. .. artvultaazauiarcai nm aluHra N+041WiY� +
-rmolwati
KY'41rWg ••
db
N
"TI.HS MAP MAY NOT BB A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A LOCAL
GOVERNMENT AGENCY FOR COMPLIANCE WITF.
ANY APPLICABLE LAND DEVELOPMENT
REGULATIONS AND HAS NOT BEEN REVIEWED
FOR COMPLIANCE WITH RECORDING
REQUIREMENTS FOR PLATS."
EXHIBIT B-1
ADJACENT DEVELOPMENT

1111112019 E
BOOK:4241 PAGE:1329 11:02:24000
Page 23 of 29
Brenda M. Cle1111111011S. BI Lill swick County. NC Register of 6eeds
Adjacent Development Is outlined In blue below.
"THIS MAP MAYNOTB9ACERTIFIED SURVEY
AND HAS NOT ]B" REvIF-WBD BY LOCAL
GOVERNMENT AGENCY FOR COMPLIANCE WITF
ANY AppLICABL13 LAND DEVELOPMEMr
REGULATIONS AND HAS NOT BEEN REVIEWED
FOP, COMPLIANCE WITR RWORDING
REQUIREMEWS FOR PLATS "
C-2

I 11 BOOKA241 PAGE:1330 iioz2z000 E
III
Ilrl ��f Brenda M.Clenuuais.61unswlckCounty. NCRegister ofDeedsge2¢o�29
EXHIBIT C
RESTRICTIONS ON USE OF DEVELOPMENT
Prohibited Uses
No portion of the Development shall be used for any of the following:
(1) "Rea market';
(2) massage parlor;
(3) adult book store or adult video tape store (which are defined as stores at least twenty percent (201%) of the inventory of
which is not available for sate or rental to children under 15 years old because such inventory explicitly deals with or
depicts human sexuality);
(4) agricultural or industrial use;
sale, rental, performance or exhibition of pornographic material;
(6) liquor store, bear lavern, bar or cocktail lounge (but this shall not prevent the incidental sale of liquor for on -premises
consumption as part of a sit-down restaurant);
(7) funeral parlor;
(S) billiard or pool hall;
(9) storage or warehouse facility (other than incidental to the operation of a permitted business);
(10) Marijuana facility or headshop
ll. Use Restrictions
For so long as the Starbucks Lease is In full force and effect:
5.4 EXCLUSIVITY. Landlord shall not use or allow any other person or entity (except
Tenant) to use any portion of the Development for the sale of: (a) whole or ground coffee beans, (b)
espresso, espresso -based drinks or coffee -based drinks, (a) tea or tea -based drinks, (d) brewed coffee,
and/or (e) blended beverages. Notwithstanding the foregoing, the following exceptions shall apply:
(1) Other tenants of the Development may sell brewed coffee or brewed tea
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ill IIit tiff11111111111111111111
II111I' 11I t111 BOO K:42 41 PAG E:13 31 ii!zu;2 000
Page25of29
Brenda M. CFemnions. Brunswick County. NC Register of Deals
which Is neither 0) gourmet, nor (11) brand Identified. For purposes of this Lease, "gourmet" shell be
defined as: (a) beverages made using Arabloa banns or (b) sourced from a gourmet coffee or tea brand
such as Coffee Been & Tea Leaf, Dunkin Donuts, Intelligentsia, Peets, Caribou or other similar branding.
For purposes of this Lease, "brand identified" shall mean beverages advertised or marketed within the
applicable retail space using a brand name primarily Identified with coffee and/or tea and/or served in a
cup displaying a brand name primarily Identtfted with coffee and/or tea. Notwithstanding the foregoing,
"brand Identiffed" and "gourmet" shall exclude (1) pre -bottled tea or pre -bottled tea -based beverages,
and (IQ sweetened or unsweetened brewed iced tea as typically served In a brand identified dispenser in
a fast-food or quick service restaurant, such as "Lipton's", "t-uzienne", or "Nester".
(2) Other tenants of the Development may sell pre -bottled tea or pre -bottled tea -
based beverages.
(3) Any existing tenant In the Development with a lease which predates the date
of this lease (which existing tenants, with a statement of their permitted use douses, are set forth on
attached hereto and by this reference Incorporated herein) whose lease allows It to sell any of
the foregoing products shall not be subject to Tenant's exclusive use restriction set forth herein, if and to
the extent that any such existing tenant Is permitted by its tease to sell any of Tenant's exclusive use
Items; provided, however, that with respect to the tenants set forth on Exhibit H, Landlord agrees that to
the extent Landlord has reasonable control over any such tenant's use and changes in use, Landlord
shall exercise such control to enforce and protect Tenant's exclusive use rights described herein.
(4) Anchor tenants occupying at least twenty thousand (20,000) contiguous
square feet of Interior space operating under a single trade name and full -line grocery store tenants
occupying at least ton thousand 110,000) contiguous square feet of interior space operating under a
single trade name shall not be subject to tenant's exclusive so long as any such anchor or grocery store
tenant at all times ocouples and operates out of the foregoing minimum contiguous square footage, does
not have a separate entrance or exterior signage for the sale of Tenant's exclusive Items, and does not
otherwise advertise, In a manner visible from the exterior of such tenant's space, the sale of Tenant's
exclusive Items. The size of anchor tenants and grocery tenants referred to In this paragraph shall be
determined based on the floor area of any such tenant's space, measured from the exterior face of ail
exterior walls and shall Include all columns and projections therein.
(5) Full service, sit-down restaurants with a wall staff and table service serving a
complete dining menu may sell, in conjunction with a sale of a meal, brewed coffee, tea and hot espresso
drinks for on -premises consumption only.
(8) Other tenants In the Development may sell tea or tea -based drinks, brewed
coffee, and/or blended beverages so long as the aggregate of any such tenant's sales of the foregoing
Items does not exceed ten percent (10%) of such tenant's annual gross sales.
Notwithstanding Tenant's exclusive described herein, if T enani (or its permitted assignee or
subtenant) ceases to sell the exclusive items described In subsections (a) through (e) above at the
Promises for a period of three hundred sixty five (365) consecutive days (excluding any cessation of such
sales due to Excused Closures), then until Tenant (or Its permitted assignee or subtenant) subsequently
recommences operations at the Premises for the sale of the exclusive Items, Landlord shall have the right
to use or allow the use of any portion of the Property for the sale of any or all of the foregoing exclusive
items; provided, however, that if Tenant (or any permitted assignee or subtenant) subsequently reopens
for business at the Premises In a bona fide manner (@a, opening for one (1) day simply for the purpose
of reinstating the exclusive shall not be sufficient to reinstate the exclusive) and sells any of the exclusive
Items, then the exclusive described herein shall be reinstated, In each case subject to an exception for
any lease entered into by Landlord dur)ng Tenant's (or its permitted assignee's or subtenants) cessation
of operation.
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ii oz z°BOOK:4241 PAGE:1332 zo00
dge2ba129
Brenda Cremn,ons.BrunswrckCounty_NCRegisterofDees
For so long as the Lease with [WENDY'S CORPORATION] is In full force and effect:
a. Use Restriction. Throughout the term of this Lease, but subject to the terms, conditions and
limitations set forth In this Section 3(b), for so long as Tenant Is operating a restaurant upon the,
Premises that (1) offers drive-thru service, and (il) derives fifty percent (50%) or more of Its gross
sales from the sale of hamburgers and/or chicken, then neither Landlord, not any other occupants or
owners of portions of the Adjoining Properly other than the CFA Parcel (as defined herein) (the:
"j estricted Area"), shall be permitted to operate a restaurant that (1) offers ddva-ihru service, and
(i1) derives fifty percent (50%) or more of Its gross sales from the sale of hamburger$ and/or chicken
(the 'Tenant 9xclrlshre). Tenant acknowledges that, prior to the Effective Date, Landlord Ines
entered In a lease with Chick -nil -A, Inc., with respect to Oulparcel 3 of the Adjoining property as
shown on Exhibit V (the "CFA Parcel"), and that the restrictions set forth In this subsection shall
not apply to the CFA Parcel and that the CFA Parcel Is not part of the Restricted Aree. Landlord
shall be In violation of this Section 3(b) only If, at any time throughout the term of this Lease, all of
the following shaft oocur: (a) after the Effective Onto, Landlord either (t) enters Into a new leese for
space within the Restricted Area with another tenant (a "New Tenant'). nr (11) consonis to a change
In the permitted uac by an existing tenant of Its space within the Restricted Area (but only to the
extent that Landlord's consent to a change In use Is required under such existing lease) (a
"Changed Use Tenant"); (b) fifty (60%) percent or greater of the Now Tenant's or Changed Use
Tenant's gross sales are derived tram the sale of hamburgers and/or chicken; (c) the Now Tenant or
Changed Use Tenant operates a restaurant that offers drive-thru service; and (d) Landlord falls to
cure the violation within ninety (00) days after receipt of written notice from Tenant that a violation of
the Tenant Exclusive has occurred. Landlord shall not be deemed to have violated the Tenant
Exclusive If a tenant of the Restricted Area, pursuant to a lease In effect prior to the Effective Date
(an "ExIsting Tenainn, violates the Tenant Exclusive, If such Existing Tenant has the right to do so
prior to the Effective Date. If Landlord has not cured the violation within said ninety (90) day period,
then Tenant atoll have the right by written notice given to the Landlord at any time after the
expiration of such ninety (90) day period until the violation is cured. to elect either (1) to terminate
the Lease as Tenant's site remedy for such violation, or (2) to abate Rent by fifty (50%) percent until
such time as said breach has been cured. Notwithstanding the foregoing, If Landlord ties not cured
the violation within three hundred slxty-flve (366) days after receipt of written notice from Tonent that
a Mellon of the Tenant Exclusive has occurred, then Tenant shall have the right by written notice
given to the Landlord prior to the expiration of the three hundred sixty-five (365) day cure period, to
terminate the Lease or return to paying Rent In the full amount set out In Section 6. At the expiration
of the three hundred sixty -live (365) day cure period, unless Tenant has previously terminated this
Lease In accordance herewith, Tenant is deemed to have waived Its right to such remedy and
acknowledged that said other tenant does not violate the Tenant Exclusive and may continue Its
operations notwithstanding the violation of the Tenant Exclusive. Notwithstanding the foregoing, the
Tenant Exclusive granted to Tenant shall be terminated upon default by Tenant under the Lease
and/or Tenant's cessation of such use within the Promises.
For so long the Chick-Fll-A Lease is in full force and affect or if Chick-Fli-A, Inc. becomes the owner of Oulparcel 6 In the
Development
For so long as the Heartland Dental Lease is in full force and effect:
Landlord agrees that it will not enter Into a lease or consent to the use and occupancy of any other space within the
Development by a tenant, subtenant, assignee, licensee or concessionaire (each, an "Occupant") whose primary
business Is the provision of dental patient care services (the Mcclusive Use"). As used herein, the tern "primary
business' shall mean that more than ten percent (10%) of the Gross Receipts of such Occupant are derived from the
provision of dental patient care services. Notwithstanding the foregoing, the Exclusive Use shall not be applicable to
any Occupant whose lease, as of the date of this Lease, does not prohibit the subject premises to be used In violation
of the Exclusive Use, or any successor, assign or replacement of any such tenant or occupant. In addition,
notwithstanding the foregoing, or In the eventTenantceasesto operate Its business in the Premises during theTerm for
a period of ninety (90) days or more, except in the event of damage or destruction to the Shopping Center or premises,
or defaults under the terms and conditions contained in this Lease beyond any applicable notice and cure period, the
Exclusive Use shall terminate as of the expiration of such ninety (90) day period or the date of such default and the
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1�1�I■ I�, �I �� `I�! �1�� �! �� I ! I! BOOK:4241 PAGE:1333 Pa a ofcoo
11 ■ Page 27 a� 29
Brenda M. Cienmons. Brunswick County. NC Register of Deeds
expiration of any applicable cure period, whichever shalt be the case, and thereafter the Exclusive Use shall be null, vold
and of no further effect.
1. Chik-HI A, Inc.
A restaurant deriving twenty-five percent (26%) or more of its gross sales from the sale of
chicken.
Any use that is not a retail use (except for associated child care, office or medical office). The
term 'retell" as used herein includes a restaurant use.
Landlord will not lease, rent, sell or occupy, or permit to be leased, ranted, sold or occupied, any
portion of the Adjoining Property (whlch comprises tho Development] for any of the following uses: a
skating rink; amusement park; carnival or circus; mortuary or funeral parlor; establishment salling cars or
other motor vehicles; motor vehicle maintenance or repair shop; any establishment selling (tellers; billiard
parlor; tavern, pub, or bar, except that (he following will be pormitted; (A) any store containing a minimum,
of 2,000 square feet that sells beer or wine (provided no liquor Is sold) for off -premises consumption, and
(13) any restaurant that sells alcoholic beverages for on -premises consumption If the alcoholic beverage
sales are ancillary to food sales and do not exceed 60% of the total sales from the restaurant or store;
pawn shop; tattoo or body piercing parlor; casino, gaming room, or "oH track betting" operation; store (hat
sells paraphernalia for use with illicit drugs or for the sale of medicinal marijuana; store that sells, rents or
displays pornographic materials; flee market; or massage parlor (provided a Massage Envy or a day spa
or wellness center offering therapeutic massage would be permitted). In addition, Landlord will not lease,
rent, sell or occupy, or permit to be leased, rented, sold or occupied, any portion of the Preferred
Restricted Arne (which comprises the Development) for any of the following uses: a (healer: bowling
May, meeting hall; place of Instruction, other than a tutoring or other educational facility containing not
more than four thousand (4,000) square feet of building space; sporting event or other sports facility;
audllorium or any other like place of public assembly; amusernerA canter, "disco" or other dance hall; or
Byrn or fitness facility other than a yoga or pure barre studio containing not more than four thousand
(4,000) square feet of building space. The uses set forth in the immediately preceding sentence shall be
permitted upon the remainder of the Adjoining Property, other than the preferred Restricted Area,
provided that the entire related parking field for such uses is located outside of the Preferred Restricted
Area. Landlord will not lease, rent, sell or occupy, or permit to be leased, rented, sold or occupied. any
portion of the Adjoining Property for a gas station except in the Permitted Gas Station Locations [which
are depicted in this lease but exclude the Properly].
No full -service restaurant primarily offering table service to Its patrons will be permitted on any
portion of the Preferred Restricted Area unless the restaurant Independently maintains a parking ratio of
the greater of (a) the number of spaces required by law without a variation, or (b) ton (10) parking spaces
for ovary one thousand (1,000) square feet of building space for a restaurant with up to five thousand
(5,000) square feet of building space and fifteen (15) parking spaces for every one thousand (1,000)
square feet of buitding space for a restaurant with more than five thousand (5,000) square feet of building
spaca, w1thout relying on any parking spaces !ocated on !ho Land or any other property other then where
the restaurant Is located.
Except as expressly permitted In the last sentence of this subsection, no portion of the Adjoining
Property will be leased, used or occupied as a restaurant selling or serving chicken as a principal menu
Item, For the purposes of this Lease, "a restaurant selling or serving chicken as a principal menu Item"
means a restaurant deriving twenty -Ave percent (25%) or more of Its gross sales from the sale of chicken.
A 'restaurant° includes any business establishment, Including, without limitation, a kiosk, stand, booth,
food truck or area located inside another business facility, Notwithstanding the foregoing, a restaurant
selling or serving chicken as a principal menu item shall be pormlllad upon portions of ilia Adjoining
Properly other than the Preferred Restricted Area, provided that It Is a full -service restaurant primarily
offering table service to its patrons.
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BOOI<:4241 PAGE:1334 ii:oz°.ii°oou
Page 28 of 29
Brenda M. Clenunons. Biunswlck Coulay. NC Register of Deeds
No portion of the Adjoining Property will be leased, used or occupied by or for any at the following
uses; Mcifonald's, Arby's, Boston Market, Kentucky Fried Chicken, Popeye's, Church's, BoJongle's, Mrs.
Winner's, Chicken Out, Zaxbys, Ranch One, El Polio Loco, Polio Campero, Polio Tropical, Raising
Canes, Chester's, Bush's Chicken, Biscultville, Chicken Now, PDQ, ChlkWlch, Ezell's Famous Chicken,
or Roy Rogers.
Notwithstanding anything to the contrary In the !.ease, the restrictions set forth In (the preceding
two paragraphs] shall not apply to restaurants operating under the following trade name: Panera Bread
and Wendy's.
(W) Landlord will not lease, rent, sell or occupy, or permit to be leased, rented, sold
or occupied, any portion of the Adjoining Property for any of the following uses: a skating rink;
amusement park; carnival or circus; mortuary or funeral parlor; establishment selling cars or other
molor vehicles; motor vehicle maintenance or repair shop; any establishment selling trailers;
billiard parlor, tavern, pub, or bar, except that the following will be permitted: (A) any store
containing a minimum of 2,000 square feet that sells beer or ovine (provided no liquor is sold) for
off -premises consumption, and (B) any restaurant that sells alcoholic beverages for an-pramises
consumption irthc alcoholic beverage sales are ancillary to food sales and do not exceed 50% of
the total sales from the restaurant or store; pawn shop; tattoo or body piercing parlor; casino,
gaining room, or "off track belting" operation; store dust sells paraphernalia for use with illicit
drugs or for die sale of medicinal marijuana; More that sells, rents or displays pornographic
materials; Rea market; or massage parlor (provided a Massage Envy or a day spa or wellness
center offering therapeutic massage would be permitted). In addition, Landlord will not lease,
rent, sell or occupy, or permit to be leased, rented, sold or occupied, any portion of the preferred
Restricted Area for any of the following uses: a theater; bowling alley; meeting hall; place of
instruction, other than a tutoring or other educational facility containing not more than four
thousand (4,000) square feet of building space; sporting event or other sports tkcllity; nuditorlum
or any other like pin= of public assembly; amusement canter, "disco" or other dance hall; or gym
or fitness facility other than a yoga or pure barre studio containing not more then four thousand
(4,000) square feet of building space. The uses set fortis in the immediately preceding sentence
shall be permitted upon the remainder of the Adjoining Property, other than the Preferred
Restricted Area, provided that the entire related parking field for such uses Is located oatside of
the Preferred Restricted Area. Landlord will not lease, rent, sell or occupy, or permit to be leased,
rented, sold or occupied, any portion of the Adjoining Property for a gas station except in the
Permitted Gas Station Locations, as depicted on ".
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BOOK:4241 PAGE:1335 09111112019 e
Page 29 0l 29
Brenda M. Clemmons. Brunswick County, NC Register of Deeds
The folkywing site plan describes the areas described in the Chick Fll A restrictions:
"THIS MAP MAY NOT BE A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A LOCAL '
GOVERM BNT AGENCY FOR COMPLIANCE WITF i
ANY APPLICABLE LAND DEVELOPMENT I
REGULATIONS AND HAS NOT BEEN REVIEWED ►
FOR COMPLIANCE WITR 112CORDING
REQUIREMENTS FOR PLATS."
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