SW8060149_CURRENT PERMIT_20200723

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Chu D ► 4 cl
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
Z 0 2 o 0-Y13
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
July 23, 2020
NORTH CAROLINA
Environmental Quality
The Wye Property Owners Association, Inc.
Attn: Walter R. Wood, President
P.O. Box 222
Beaufort, NC 28516
Subject: Permit Renewal
State Stormwater Management Permit No. SW8 060149
The Wye Subdivision
Carteret County
Dear Mr. Woods
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on July 23, 2020. The Division is hereby notifying you that permit SW8 060149 has been renewed
on July 23, 2020, and shall be effective until August 30, 2028. For your records, please find enclosed a renewed,
updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please
note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of
the previous terms to provide you with a better understanding of your obligations under the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit. The plans originally approved on August 30, 2006 and transferred
on March 25, 2019, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC
2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Garrett Zorda in the
Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
Brian Wrenn, irecfor
Division of Energy, Mineral and Land Resources
Enclosures: Renewal Application Documents
DES/gdz: %Stormwater\Permits & Projects\2006\060149 HD\2020 07 permit 060149
cc: Wilmington Regional Office Stormwater File
E North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional office 1 127 Cardinal Drive Extension 1 Wilmington North Carolina 28405
>�w

State Stormwater Management Systems
Permit # SW8 060149
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL & LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
The Wye Property Owners Association, Inc.
The Wye Subdivision
US 70 at NC 101 (Cedar Street and Fulford Street,) Beaufort, Carteret County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and the approved
stormwater management plans and specifications and other supporting data as attached and on file
with and approved by the Division of Energy, Mineral & Land Resources (the "Division" or "DEMLR")
and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until August 30, 2028 and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 of this permit. The subdivision is permitted for 24 lots, each allowed a
maximum of 3,299 square feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
4. The tract will be limited to a maximum of 112,841 square feet of built -upon area. The wet pond
has been designed to treat the runoff from 112,841 square feet of Built -Upon Area.
5. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
Page 1 of 5

State Stormwater Management Systems
Permit # SW8 060149
6. The following design elements have been permitted for this wet detention pond stormwater
facility,
and must be maintained at design condition at all times.
a.
Drainage Area, acres:
4.43
Onsite, ft2:
192,970
Offsite, ft2:
0
b.
Total Impervious Surfaces, ft2: 112.841
24 Lots at 3,299 ft2: 79,176
Roads (25'B-B), ftZ: 10,425
Alleys (12' wide), ft2:
15,420
SW (4' wide), ft2:
7,820
Offsite, ft2:
0
C.
Average Pond Depth, feet:
6.0
d.
TSS removal efficiency: 90%
e.
Design Storm, inches: 1.0
f.
Permanent Pool Elevation, FMSL:
8.0
g.
Permitted Surface Area @PP, ft2:
9,600
h.
Permitted Storage Volume, ft3: 11,026
i.
Temporary Storage Elevation, FMSL:
9.1
j.
Controlling Orifice, inches:
1.5"0 pipe
k.
Permanent Pool Volume, ft3: 35,466
I.
Forebay Volume, ft3:
7,300
m.
Maximum Fountain Horsepower:
1/8
n.
Receiving Stream / River Basin:
Taylor Creek / WOK
o.
Stream Index Number: 21-34
p.
Classification of Water Body: "SC"
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division.
2. If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
3. 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), the stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable
surface. The request may require a proposed amendment to the deed restrictions and
protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans
and specifications.
h. Other modifications as determined by the Director.
Page 2 of 5

State Stormwater Management Systems
Permit # SW8 060149
4. The Director may determine that other revisions to the project should require a modification to
the permit.
5. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
6. If the stormwater system is used as an Erosion Control device for any current or future lot
construction, it must be restored to design condition prior to closing out the Erosion Control
file. The collection system of swales, pipes and catch basins and the permitted stormwater
control measure (SCM) shall be protected from excessive sedimentation. Any eroded areas of
the system will be repaired immediately and any accumulated sediment within the swales,
pipes, catch basins or the SCM shall be removed prior to closing out the Erosion Control file.
7. On November 8, 2013, a certification was received from an appropriate designer for the
system installed certifying that the permitted facility had been installed in accordance with this
permit, the approved plans and specifications, and other supporting documentation.
8. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
9. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals.
10. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
11. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the
following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
G. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent pool
volume. The maximum pump power for a fountain in this pond is 1/8 HP.
12. Built -upon area is as defined in NCGS 143-214.7(b2).
13. The following deed restrictions and protective covenants related to stormwater management
which were recorded on May 17, 2007 in Book 1224 on Page 46 and amended on March 4,
2019 in Book 1631 at Page 225 with the Carteret County Register of Deeds, are incorporated
by reference, and must be maintained in perpetuity:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 060149. as issued by the Division of
Energy, Mineral & Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division.
Page 3 of 5

State Stormwater Management Systems
Permit # SW8 060149
f. The maximum built -upon area per lot is 3,299 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
III. GENERAL CONDITIONS
The facilities shall be constructed, operated and maintained in accordance with the conditions
of this permit, the approved plans and specifications, and other supporting data as attached to
this permit and on file with the Division.
2. This permit is not transferable to any person or entity except after notice to and approval by
the Director. The permittee shall submit a completed and signed "Permit Transfer Application
Form" (available on the Division website) accompanied by the required fee and supporting
documentation as listed on the form, to the Division at least 60 days prior to any one or more
of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity,
c. 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).
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08,
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
3. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel.
The facility must be in compliance with all permit conditions. Any items not in compliance must
be repaired or replaced to design condition prior to the transfer. Records of maintenance
activities performed to date will be required.
4. The permittee is responsible for compliance with all of the terms and conditions of this permit
until such time as the Division approves the transfer request. Neither the sale of the project, in
whole or in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the stormwater permit.
5. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit. The permittee shall maintain a copy of the approved plans and
specifications on file.
6. Any individual or entity found to be in noncompliance with the provisions of this stormwater
management permit or the requirements of the Stormwater rules in subject to enforcement
procedures as set forth in NCGS 143 Article 21.
7. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal), which have jurisdiction.
Page 4 of 5

State Stormwater Management Systems
Permit # SW8 060149
8. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate
corrective action, including those actions required by this Division, such as the construction of
additional or replacement stormwater management systems.
9. 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 permit conditions.
10. The Permittee grants permission to staff of the DEMLR to access the property during normal
business hours for the purpose of inspecting the stormwater facilities.
11. 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 Title 15A NCAC 02H. 1045(3).
Permit updated, renewed and reissued this the 231d day of July 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
J�,Brian Wren r
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW8 060149
Page 5 of 5

Project Name: ITHE WYE SUBDIVISION
Project Location: I BEAUFORT, NC (CARTERET COUNTY)
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set locatic
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 &corresponding O&M tables will
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:
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Localion(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
1
No
No
tin common area I
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:
WALTER WOOD
PRESIDENT, THE WYE PROPERTY OWNER'S ASSOCIATION, INC
304 HEDRICK STREET ((T7 L50 Y Z72
BEAUFORT,NC28516
301-907-0170
[e-mail]
M
County of csu r--" If -
personally appeared before me this
acknowledge the due execution of the Opera Ion and
Witness my he
rithen(91offip)al seal,
i9 �(/gL\G Ur
, a Notary Public for the State of
do hearby certify that
day of -i �J
Date:
and
ECEIV, k
AUG 2 4 2018 +
5I(4NM-F/1 8/8/2018
Version 1.4 O&M Manual Page 1 of 5

Seal, My commission expires 7i�/ Z21
IECEOvr .
AU"u 2 4 2018
BY:
STORM-EZ 8/8/2018
Version 1.4 O&M Manual Page 2 of 5

-_:WetDetention 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 it
original design depth for
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 8/8/2018
Version 1 A O&M Manual Page 3 of 5

Wet Detention Pond 'Maintenance Requirements Continued
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 it
original design sediment
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.
CEIVE
AUG 2 4 2018
Bw
STORM-EZ 8/8/2018
Version 1.4 O&M Manual Page 4 of 5

WET POND ID FOREBAY MAIN POND
Permanent Pool EI. M
Permanent Pool El. 8
Temporary Pool EI: Temporary Pool El:9.1Pretreatment other No Clean Out Depth: Clean Out Depth:4than forebay?Sediment Removal El: Sediment Removal El:4Has Veg. Filter? Yes Bottom Elevation: Bottom Elevation: 2
STORM-EZ 8/8/2018
Version 1.4 O&M Manual Page 5 of 5

Date Re eived
Fee Paid
Permit Number
5 leao
3 65 _
NC DEQ Division of Energy, Mineral and Land Resources +EIV, E
STATE STORMWATER: MAY 11 2020
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: 5 W of ot, 0./ �- %!
2. Project name: Tke W,4e Pme"L. Owners AsToci4 en rl/,
3. Project street address: t lS ib A { A' 161 CWa,S(Petf" fufT�Id SI"e�
City: (3QQ-L40r-'t County: CQI< ere zip:
4. What, if any, changes have been made to the project as permitted? Noft 6
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy-
m i neral-la nd-resources/energy-m inera I -la nd-ru les/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property. T �t_
1. Current Permit Holder's Company Name/Organization: 1 e �Ne ProPP� �h QW/tPy f N1�GC�riTtait��wc
2. Signing Official's Name: aWif-i-er' R � Woo 4 —V
3. Signing Official's Title: Pm St �/(,t -t
4. Mailing Address
City: QPc
5. Street Address:
City:
6. Phone: (q0t 1
—UI70 Email:
State: %/� C zip: WUIS(LO
zip: Z0',rAfv
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

Usti ;Al°, ) p

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) orDEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
1k+nrJ,W 1. A permit application processing fee of $505.00 payable to NCDEQ.
WW" 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity. �+,Wnt
�1/�e no� A/��rca dY Alcv.aue��Oan .Qat
vl�r 3. One hard copy and one electroni5,ocfy of recorded documents required by the original permit that
have not yet been received b MLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
✓ 4. O&M Agreements, Please select one:
[� I have a copy of the current recorded O&M Agreement for all SCMs, and 1 will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
h 4 5. Designer Certifications, Please select one:
Er A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
hh,»ttps://www.sosnc.gov/online services/search/by title/ Business Registration
MAY i 1 2020
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'S CERTIFICATION
1 fer R N o0(4 , the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correc an1d WE
Signature: 1 K/W 0_J Date: it/0 7 I ,90
TION:
that
this the
day of
County of
eve `0 4JYe forgoing instrument. Witness my hand and official seal,
allotaL7y�,M)k
expires
a Notary Public for the State of
do hereby certify
personally appeared before me
20 -2-0 , and acknowledge the due
0���,
MAY 11 2020
L.,
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

A
Permit No.
(to be provided by Dt1'Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
1. PROJECT INFORMATION
Project Name: The Wye Subdivision
Contact Person: Hubie Tolson Phone Number: CM
For projects with multiple basins, specify which basin this worksheet applies to: .
elevations
Basin Bottom Elevation 2.0 ft.
Permanent Pool Elevation 8.0 ft.
Temporary Pool Elevation 9.1 ft.
areas
Permanent Pool Surface Area 9,600 sq. ft.
Drainage Area
Impervious Area
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA I
Diameter of Orifice
Design Rainfall
Design TSS Removal '
-
4.43 ac
2 rg ac
(floor of the basin)
1
638-4215
(elevation of the orifice)
(elevation of the discharge structure overfloiv)
(crater surface area at the orifice elevation)
(on -site and of drainage to the basin)
(on -site and off -site drainage to the basin)
35, 466 cu. ft. (combined volume of twain basin and forebay)
11 , 026 cu. ft. (voliane detained above the permanent pool)
7,300 cu. ft. (approximately 20% of total volume)
3.29 (surface area to drainage area ratio from DWQ table)
1.5 in. (2 to 5 day temporary pool draw -down required)
1 in.
90 % (rnininnun 85% required)
Form SWU-102 Rev 3.99 Page I of 4

Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
I1. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
Iti b. The forebay volume is approximately equal to 20% of the basin volume.
A c. The temporary pool controls runoff from the design storm event.
_"ql A. The temporary pool draws down in 2 to 5 days.
Pj A e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
¢� f. The basin length to width ratio is greater than 3:1.
eF g. The basin side slopes above the permanent pool are no steeper than 3:1.
• h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
O i. Vegetative cover above the permanent pool elevation is specified.
A00 j. A trash rack or similar device is provided for both the overflow and orifice.
10 k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
If 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency. III
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) _ Pdeeg Xl does not incorporate a vegetated filter at the outlet.
This system (check one) 0-deer )0 does not incorporate pretreatment other than a forebay.
FormSWU-102 Rev3.99 Page 2of4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation.
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning. ,
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
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.
When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 4.5 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 8. 0
Sediment Re oval EI. 3.5 75 %
______________ __ Sediment Removal Elevation 3' S 75 /0
Bottom Eleation 2.0 %--------------------------------------------- - ° -
Bottom Elevation 2. 0 3 �5%
FOREBAY
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
1 acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print
Hubie Tolson
Title: Member/Manager
Address: 227 East Front Street, New Bern, NC 28560
Note: The legally responsible pany should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
Beth Simmons
a Notary Public for the State of North Carolina
County of Craven do hereby certify that Hubie Tolson
personally appeared before me this `{""� day of ( 2,c>,-, and acknowled_e the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
NOTARY
P9 PUBLIC c,
9�....... �'�`, AfCO'
SEAL
My commission expires April 22, 2009
Fonn SWU-102 Rev 3.99 Page 4 of 4

The Wye Subdivision
Stormwater Permit No. SW8 060149
Carteret County
Designer's Certification
State Storm%A,gter Management Systems
Permit No. SW8 060149
Page 1 of 2
I, J. Kevin Avolis as a duly registered Professional Engineer in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
The Wye Subdivision
(Project)
for UHF Development croup, LLC (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Reg
Date
1
November 7, 2013
Nov o e 20�3
Page 8 of 9

. t State Storm -^ter Management Systems
Permit No. SW8 060149
Certification Requirements: Page 2 of 2
✓ 1. The drainage area to the system contains approximately the permitted
acreage.
1✓2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
✓3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
✓ 4. All roof drains are located such that the runoff is directed into the system.
_Z5. The outlet/bypass structure elevations are per the approved plan.
1/6. The outlet structure is located per the approved plans.
✓7. Trash rack is provided on the outlet/bypass structure.
✓8. All slopes are grassed with permanent vegetation.
�9. Vegetated slopes are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
✓/12. Required drawdown devices are correctly sized per the approved plans.
l3. All required design depths are provided.
_,Z14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
✓15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Carteret County Building Inspections
1 ;2o6g. /0
/p,,c> 7?-
Page 9 of 9

G4A» INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 21-1.1000, the Coastal Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density
Residential Subdivisions where lots will be subdivided and sold. 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. The
following deed restrictions and covenants must 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 Water Quality under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Note: If the BUA per lot varies, please substitute the following paragraph for the
one above and provide a complete listing of the proposed BUA for each lot:
The maximum allowable built -upon area per lot is as follows:
Lot # BUA Lot # BUA Lot # BUA
These allotted amounts include 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. 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 swa/es
to collect the lot runoff and directing them into a component of the stormwater system.
Lots that will naturally drain into the system are not required to provide these additional
measures.

F43
In accordance with Title 15 NCAC 21-1.1000, the Coastal 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, , 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 Water Quality
under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the
following:
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA ' Lot # BUA Lot # BUA Lot # BUA
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. 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.
Signature:
State of
County of
a Notary Public in the
do hereby certify that personally appeared
before me this the day of 20 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires

C%
4
WHEREAS, Declarant now desires to modify certain terms and provisions of the
Declaration, to conform the Declaration and the Subdivision to the requirements of the State of
North Carolina regarding stormwater, all as more particularly set forth herein; and
WHEREAS, each capitalized term used herein and not otherwise defined herein shall
have the meaning attributed thereto in the Declaration.
NOW, THEREFORE, the Declaration is hereby modified as follows:
SECTION ONE
Article VII1, Section 7 of the Declaration is hereby amended by replacing items 1-5 with
the following:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 060149, as issued by
the Division of Water quality under NCAC 21-1.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to slormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 3,299 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not lirrdted to,
structures, asphalt, concrete. gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface
Of swimming POOLS.
g•
JiBdRtlt9nC A70�17CkbFll'x�llii7f00tXXX
h. All runoff from built upon area on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters
which drain to the street, grading the lot to drain toward the street, or
grading perimeter sweres end directing them into the pond or sheet. Lots
that will naturally, drain into the system are not required to provide these
measures.
i. . Built -upon area in excess of the permitted amount will require a permit
modification.

J
E Keft a]i�ll'.`Laa
Except as expressly modified herein, the Declaration shall continue in full force and
effect in accordance with its terms.
IN WITNESS WHEREOF, Declarant has executed this Modification, under seal, as of
the day and year first above written.
UHF DEVELOPMENT, LLC, a North
Carolinalimitedliability company [SEAL]
7
By: ` _._= -- (SEAL)
Hubert G. Tolson, III, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF i _ C PyQ
I, V\r'\rt-fN Sfy-\'\ -YVC-t-\ , the undersigned Notary Public in and for
the aforesaid County and State, do hereby certify that Hubert G. Tolson, I]I did personally appear
before me this day and certify that he is Member/Manager of UHF DEVELOPMENT, LLC, a
North Carolina limited liability company, and that he, as Member/Manager, being duly
authorized to do so, voluntarily executed the foregoing instrument on behalf of said limited
liability company for the purposes stated therein.
WITNESS my hand and official seal this �_ day of March, 2019.
[OFFICIAL SEAL]
My Commission Expires: Ug
`.�QrGN'SrM�T j 10,
OTA t _
1.
"i�rti CO
Notary Public

Prepared by and return to:
Mark S. Hartman
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bern, North Carolina 28560
Karen S. Hardesty
Carteret County, NC
March 4, 2019 2:29:23 PM
MOD # Pages: 3
Fee:S26.00 NC Revenue 'Stamp:$0.00
FILE # 1631225
i
JECEIVE
I MAR 15 2019
jv.5W?0(val<j9 LL 1
VI.2 email ZH-2GrlYrt2�l
STATE OF NORTH CAROLINA MODIFICATION OF DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS
COUNTY OF CARTERET AND EASEMENTS FOR THE WYE
NOTE TO REGISTRAR: PLEASE CROSS INDEX WITH INSTRUMENTS
RECORDED IN BOOK In4, AT PAGE 46 AND IN BOOK 1406, AT PAGE 108.
THIS INSTRUMENT MODIFIES CERTAIN TERMS AND PROVISIONS OF THAT
CERTAX DECLARATION OF COVENAN7S, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE WYE RECORDED IN BOOK 1224, AT PAGE 46 AND
MODIFIED IN BOOK 1406, AT PAGE 108, ALL IN THE OFFICE OF THE
REGISTER OF DEEDS OF CARTERET COUNTY, NC.
THIS MODIFICATION OF DECLARATION (this "Modification") is made as of the
day of Match, 2019, by UHF DEVELOPMENT, LLC, a North Carolina limited liability
company (successor -by -conversion to UHF DEVELOPMENT,. INC.) ("Declarant").
WITNESSETH:
THAT, WHEREAS, Declarant is the declarant under that certain Declaration of
Covenants, Conditions, Restrictions and Easements for The Wye recorded in Book 1224, at Page
46 and modified in Book 1406, at Page 108, all in the Office of the Register of Deeds of Carteret
County, NC (collectively, the "Declaration");
WHEREAS, pursuant to Article XV, Section 16(e) of the Declaration, the Declaration
may be amended or supplemented without member approval by the Declarant or the Association
Board to conform the Declaration or any portion of the Subdivision to the requirements of any
applicable law or any governmental agency.
submitted electronically by "DAMS HARTMAN wRrGNT PLLc"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Carteret county Register of Deeds.

«B»
In accordance with Title 15 NCAC 21-1.1000, the Coastal 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, Hubie Tolson , 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 SLU'EG(vC 1U , as issued by the Division of Water Quality
under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality. 3 299
6. The maximum allowable built -upon area per lot is square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. 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 cy{nponent of the stormwater collection system. Lots that will naturally
drain into the sy�J a ore ed to provide these additional measures.
Signature:
I, Beth Simmons , a Notary Public in the
State of North Carolina , County of Craven
do hereby certify that Hubie Tolson
ally appeared
before me this the Z_1''-'' day of , 20 Off_, and acknowledge
the due execution of the
�foregoing instrument. Witness my hand and official seal,
SE' Y*a.aaaayaa*
Signature ° ...M��NS,t
My Commission expires April 22, 2009 9 rf NOTARY
—z4—
O,Q+• PUBLIC
s 9e.,..,......• -0
a_ 'Y Cel�A -

NORTM CAROLINA, CARTERET COUNTY
TVs Instrument and INS coniticate oa emy hied at the
date and Was and in the Book and Page shown on the
fim page hereof.
WWI Abler, Re terADeede
By /\n.--
rwms+ww�.,ao.a
111elanie Arthur 31P
CARTERET rOUNTY
NH Date 05/17/2007 Time 15:32t00
GR 1224046 Page t of 31
Prepared by and return to:
,( Mark S. Hartman
DAVIS HARTMAN WRIGHT PLLC
209 Pollock Street
New Bem, North Carolina 28560
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
COUNTY OF CARTERET THE WYE
THIS DECLARATION is made as of the _ day of May, 2007, by UHF
DEVELOPMENT, INC., a North Carolina corporation ("Declamm").
WITNESSETH:
THAT, WHEREAS, Declarant is the owner of certain property located in the Town of
Beaufort, Carteret County, North Carolina and more particularly described as follows (the
"Property"):
BEING all of the property shown and delineated on that certain map of The Wye
recorded in Map Book 31 , at Page 236 in the Office of the Register of Deeds of
Carteret County, North Carolina;
WHEREAS, Declarant is developing the Property as a detached single family residential
community known as "The Wye", and has by recordation of the above -referenced map
subdivided the Property into twenty-four (24) lots and various common areas; and
NOW, THEREFORE, for the purpose of protecting the value and desirability of the
Property, Declarant hereby declares that the Property shall hereafter be subject to the covenants,
conditions, restrictions and easements set forth herein, which shall run with the land and be O
binding upon and inure to the benefit of each party as may, from time to time, have any right, 3�
title and/or interest in the Property or any portion thereof.
1300K PAS -
� 1 kS Sw 5 0 6 OM2 LAUG
R4ltE
lSSt�°� 4 2010

ARTICLE 1
DEFINITIONS
SECTION 1. ARB. "ARB" shall have the meaning set forth in Article III.
SECTION 2. ARTICLES. "Articles shall mean the articles of incorporation filed with
the Secretary of State of North Carolina, incorporating The Wye Property Owners Association,
as a nonprofit corporation under the laws of the Stale of North Carolina, as the same may be
amended from time to time.
SECTION 3. ASSESSMENTS. "Assessments" shall mean, collectively, Regular
Assessments, Special Assessments, Working Capital Assessments, Individual Assessments and
Fine Assessments.
SECTION 4. ASSOCIATION. "Association" shall mean The Wye Property Owners
Association, a North Carolina nonprofit corporation, its successors and assigns.
SECTION 5. ASSOCIATION BOARD. "Association Board" shall mean the Board of
Directors of the Association.
SECTION 6. BYLAWS. 'Bylaws" shall mean the Bylaws of the Association, as the same
may be amended from time to time.
SECTION 7. CLASS A MEMBERS. "Class A Members" shall have the meaning set
forth in Article X.
SECTION 8. CLASS B MEMBER. "Class B Member" shall have the meaning set forth
in Article X.
SECTION 9. CONSTITUENT DOCUMENTS. "Constituent Documents" shall mean,
collectively, the Declaration, the Articles, the Bylaws, the Design Guidelines, any Rules and
Regulations of the Association, any Rules and Regulations of the ARB, the Plat and any other
documents used to create and/or govern the Subdivision. Copies of all Constituent Documents
shall be maintained in the office of the Association for review by interested parties.
SECTION 10. COMMON AREAS. "Common Areas" shall mean, collectively, all real
estate in the Subdivision which does not constitute part of a Lot, together with all improvements
thereon and all appurtenances thereto, and any other property owned or leased by the Association
for the common benefit of the Owners.
SECTION 11. COMMON EXPENSES. "Common Expenses" shall mean all charges,
costs and expenses incurred by the Association for and/or in connection with the Subdivision,
including without limitation, in connection with; (a) the administration or operation of the
Subdivision; (b) the maintenance, repair, replacement or restoration of the Common Areas; (c)
any alterations or improvements to the Common Areas; (d) any liability for loss or damage
L§
AhG242018

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arising out of or in connection with the Common Areas; (e) insurance premiums for insurance
maintained by the Association; (0 enforcing the Constituent Documents, including without
limitation, acquiring a Lot pursuant to judicial sale; (g) administrative, accounting, legal, and
managerial expenses of the Association; and (h) reserve funds or other funds established by the
Association.
SECTION 12. DECLARANT. 'Declarant" shall mean and refer to UHF Development,
Inc., a North Carolina corporation, its successors and assigns.
SECTION 13. DECLARANT CONTROL PERIOD. 'Declarant Control Period" shall
mean the period of time commencing upon recordation of this Declaration and terminating on the
earliest to occur of: (a) the date that Declarant relinquishes, in a writing signed by Declarant and
recorded in the county registry where the Property is located, Declarants exclusive right to
appoint the Association Board; (b) the date that is ten (10) years from the initial recordation of
this Declaration in the county registry where the Property is located; and (c) the date that the
total votes outstanding in the Class A Membership equal or exceed the total votes outstanding in
the Class B Membership; provided, however, that the Class B Membership and the Declarant
Control Period shall be reinstated if after the date described in (c) above and before the dates
described in (a) and (b) above, additional lands are annexed into the Subdivision containing a
sufficient number of Lots to give the Class B Membership a total number of votes in excess of
total number of votes in the Class A Membership.
SECTION 14. DECLARATION. 'Declaration' shall mean this Declaration of
Covenants, Conditions, Restrictions and Easements for The Wye, as the same may be amended
from time to time.
SECTION 15. DEFAULT. 'Default' shall mean any violation or breach of, or any failure
to comply with, any of the Constituent Documents.
SECTION 16. DESIGN GUIDELINES. 'Design Guidelines" shall mean the design
guidelines for the Subdivision which have been adopted as Rules and Regulations of the ARE, as
the same may be amended from time to time. The latest version of the Design Guidelines shall
be kept on file with the AR13 and shall be made available upon request. The Design Guidelines
contain detailed restrictions and obligations with respect to the Lots, including, without
limitation, restrictions and obligations on such matters as front yard setbacks, side yard setbacks,
rear yard setbacks, measuring protocols, front yard walks, cheek walls, side yard walks, rear yard
walks, driveways, impervious surfaces, porches, balconies, decks, garages, storage buildings,
gazebos, materials, colors, textures, minimum square footage and other aspects of the
Subdivision.
SECTION 17. DWELLING UNIT. 'Dwelling Unit' shall mean an individual family
living unit on an individual Lot.
SECTION 18. EROSION PERMIT. 'Erosion Permit' shall mean, collectively, all North
Carolina Sedimentation and Erosion Control Permits applicable to any portion of the
Subdivision.
BOOK _�a_ — PAGE
AUG 242018

SECTION 19. FINE ASSESSMENT. "Fine Assessment" shall have the meaning set forth
in Article XI.
SECTION 20. IMMEDIATE FAMILY. "Immediate Family" shall mean the lineal
ancestors and lineal descendants of a person and the lineal ancestors and descendants of such
person's spouse or life partner.
SECTION 21. IMPROVED LOT. "Improved Lot" shall mean any Lot upon which a
Dwelling Unit has been constructed.
SECTION 22. INDNIDUAL ASSESSMENT. "Individual Assessment" shall have the
meaning set forth in Article XI.
SECTION 23. LOT. "Lot" shall mean any parcel of land designated on the Plat upon
which a Dwelling Unit has been or is to be constructed. Declarant has initially created twenty
four (24) Lots in the Subdivision and has the right to establish additional Lots in accordance with
the terms of this Declaration.
SECTION 24. MEMBER. "Member" shall mean member of the Association.
SECTION 25. OWNER. "Owner" shall mean the record owner, including Declarant,
whether one or more persons or entities, of a fee simple title to any Lot.
SECTION 26. PLAT. "Plat" shall mean the recorded plat of the Subdivision, as the same
may be amended or supplemented by Declarant from time to time.
SECTION 27. PROPERTY. "Property" shall have the meaning set forth in the
introductory recitals of this Declaration and shall also include other real estate that may be
annexed into the Subdivision by Declarant.
SECTION 28. REGULAR ASSESSMENT. "Regular Assessment" shall have the
meaning set forth in Article XI.
SECTION 29. RESIDENT. "Resident" shall mean and refer to any person, not an Owner,
living in the Owner's Dwelling Unit in accordance with the Constituent Documents.
SECTION 30. RULES AND REGULATIONS. "Rules and Regulations" shall mean the
rules and regulations made from time to time by the ARB or the Association Board.
SECTION 31. SPECIAL ASSESSMENT. "Special Assessment" shall have the meaning
set forth in Article XI.
SECTION 32. STORMWATER FACILITIES. "Stormwater Facilities" shall mean all
areas consisting of ditches, ponds, swales and any devices, facilities and equipment which are
[ECREUVIE
AUG242018
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constructed pursuant to and/or regulated by the Stormwater Permit. Some of the Stormwater
Facilities, including retention ponds, may be located on Lots.
SECTION 33, STORMWATER PERMIT. "Stormwater Permit' shall mean, collectively,
all North Carolina Stormwater Management Permits applicable to any portion of the
Subdivision.
SECTION 34. SUBDIVISION. "Subdivision" shall mean the community created and
governed by the Constituent Documents and is used interchangeably with "Property".
SECTION 35. WORKING CAPITAL ASSESSMENT. "Working Capital Assessment'
shall have the meaning set forth in Article XI.
ARTICLE II
RESTRICTIONS
SECTION 1. RESIDENTIAL ONLY. None of the initial twenty four (24) Lots shall be
used for any purpose other than one (1) detached single family residence. Declarant may
develop any annexed properties for multifamily and/or single family purposes.
SECTION 2. NUISANCES. No noxious or offensive activity shall be carried on nor
anything done which may be or may become an annoyance or nuisance to the neighborhood.
There shall not be maintained or allowed any animals, plants, devices or things of any sort whose
activity or existence is in any noxious, dangerous, unsightly, unpleasant, unsafe, unsanitary,
unkept or other condition as may diminish the enjoyment of the Property or decrease the beauty
or desirability thereof. It shall be the responsibility of each Owner to prevent the development of
any unclean noxious, dangerous, unsightly, unpleasant, unsafe, unsanitary, unkept or other
condition as may diminish the enjoyment of the Property or decrease the beauty or desirability
thereof.
SECTION 3. BOATS TRAILERS, VEHICLES AND EOUIPMENT. The following
items may be located on the Property only if stored entirely within a garage on an Improved Lot
with the garage door fully closed so as to not be visible from the exterior of the dwelling: (a)
sailboats, rowboats, motorboats, canoes, kayaks, jet skis, wave runners and any other sort of
watercraft; (b) motorcycles, four wheelers, three wheelers, all terrain vehicles, golf carts, gators
and any other similar machines; (c) unless temporarily, and never overnight, on the Property in
connection with work being performed at the Property in full compliance with this Declaration,
work trucks and work vans; (d) inoperable vehicles, vehicles without a current registration,
vehicles without a current license tag, vehicles without a current inspection sticker and vehicles
with any signage (including "for sale" signs, "for lease' signs and any other advertisement signs);
(e) pit cookers, small open non-commercial trailers, lawn tractors and any other items and
equipment not commonly allowed outside in planned first class detached single family
residential communities in the southeastem United States. The following items may not be
located on the Property unless temporarily, and never overnight, on the Property in connection
with work being performed at the Property in full compliance with this Declaration: dump

trucks, tractor trailers and any medium or heavy duty trucks. The following items may never be
located on the Property: campers, motor homes, mobile homes, buses and recreational vehicles.
The Association may have any non -compliant items immobilized and towed or otherwise
removed at the Owner's expense. There shall be no parking on any Common Areas or on any
grass, natural area or landscaped area.
SECTION 4 WORK, LABOR MAINTENANCE AND REPAIRS. No automotive,
boat, plumbing, electrical, carpentry or other similar manual work, labor, maintenance or repairs
may be performed on the Property unless either: (a) conducted entirely within a dwelling with
the doors fully closed so as to not be visible from the exterior of the dwelling; or (b) due to the
nature of the work (such as landscaping, siding, roof and other exterior work, labor, maintenance
and repairs) the activity must be performed completely or partially outside.
SECTION 5. ANIMALS. No animals, livestock or poultry of any kind may be kept or
maintained on any Lot, or in any dwelling except that dogs, cats or other household pets may be
kept or maintained; provided, however, that they are not kept or maintained for commercial
purposes and provided, further, that they are not allowed to run free, are at all times kept leashed
and within their Owner's immediate personal physical control (not staked or caged) when outside
and do not become a nuisance, cause any health, safety or sanitation problems or constitute an
unreasonable disturbance to Owners or occupants of other Lots. Each Owner shall be
responsible for immediately collecting and properly disposing of waste from his/her pet. Under
no circumstances shall more than three (3) animals, other than fish, be kept on any Lot.
SECTION 6. TOYS AND SPORTS EQUIPMENT. Swing sets, jungle gyms, swings,
slides, trampolines, seesaws, tree houses, gazebos, dog houses, climbing walls, permanent
basketball goals, permanent soccer goals, above ground swimming pools and other similar items
shall be prohibited. Toys, bicycles, tricycles, wagons, slip and slides, temporary basketball
goals, temporary soccer goals and other similar items shall, when not in use, be stored in a
dwelling.
SECTION 7. YARD ART AND COMMUNICATION EQUIPMENT. No statuary, yard
art or other similar items, and no antennae, satellite signal receiving dishes or other similar
equipment, devices or items shall be allowed without the express written consent of the ARB.
SECTION 8. ALTERATION OF COMMON AREAS. No person shall undertake, cause
or allow any temporary or permanent alteration in or upon or removal from any portion of the
Common Area except with the express written consent of the Association Board and the ARB.
The Association Board shall not withhold its consent to any purely aesthetic matter that the ARB
has approved, and the ARB shall not withhold its consent to any matter with no aesthetic
relation.
SECTION 9. SIGNS. No signs (including "for sale", "for rent" or "for lease" signs) shall
be permitted on any Lot or in the Common Areas without permission of the ARB. The foregoing
shall not prohibit the display of one (1) political sign per Lot no larger than 2'x2' for up to forty-
five (45) days prior to the applicable election.
BOOK \PAGE �L(r, _

SECTION 10 SUBDIVISIONIRECOMBINATION. No Lot shall be subdivided,
recombined with any other property or have its boundary lines changed in any way without the
express written approval of the ARB and the Association.
SECTION 11. GARBAGE DISPOSAL. Owners shall keep trash containers at all times
in each Owner's garage (if applicable), or in such other location as may be approved in writing
by the ARB, except on the days which trash, garbage, or other rubbish is collected by the local
waste removal authorities. Any trash containers placed outside by the Owners in the location
designated for collection by the local waste removal authorities shall only remain in such
location for a period not to exceed twenty-four (24) hours,
SECTION 12. HOLIDAY DECORATIONS. Holiday decorations allowed on the
Property may be displayed only during the following time periods: (a) November 15 to January
15 for all holidays that fall within such time period; and (b) no more than fifteen (15) days before
and no more than fifteen (15) days after any other holiday. The Association Board shall control
any decorations in the Common Areas, but such decorations shall be subject to any rules and
regulations promulgated by the ARB.
SECTION 13. LEASES AND OTHER NON -OWNER OCCUPANCIES. Only the
following persons, other than the Owner and the Owner's Immediate Family, may occupy a Lot:
(a) a tenant of an Owner (and such tenant's Immediate Family) holding a leasehold estate of at
least one (1) year under a written lease agreement, which lease agreement must be approved in
writing by the Association Board prior to possession by such tenant; or (b) such other occupants
as may be approved from time to time by the Association Board upon prior written application
therefor by the Owner, setting forth the type, nature and duration of the proposed occupant
arrangement, the name of the proposed occupant, the nature of the Owner's relationship to the
proposed occupant and such other information as the Association Board may reasonably and
lawfully require.
SECTION 14 OBSTRUCTION OF COMMON AREAS. There shall be no storage or
parking of any items, including baby carriages, playpens, bicycles, wagons, toys, vehicles,
benches, pet cages or chairs in any part of the Common Areas, except with the express written
consent of the Association Board and the ARB. The Association Board shall not withhold its
consent to any purely aesthetic matter that the ARB has approved, and the ARB shall not
withhold its consent to any matter with no aesthetic relation.
SECTION 15. MAILBOXES AND NEWSPAPER BOXES. Each Improved Lot shall
have exactly one (1) box for the receipt of mail and newspapers. As with all other improvements
to any part of the Subdivision, such boxes are subject to the review and approval of the ARB.
The ARB may specify a particular box that must be used for all Lots.
SECTION 16. SEPTIC SYSTEMS AND WELLS. Septic systems and wells are
prohibited. Each Lot must be served exclusively by public water and sewer.
SECTION 17. BURNING. Except with respect to reasonable outdoor grilling activities
in connection with a single family household, all fires and burning are prohibited.
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SECTION 18. STORAGE TANKS. Except with respect to one (1) small propane tank
with respect to reasonable outdoor grilling activities in connection with a single family
household, all storage tanks are prohibited.
SECTION 19 LAUNDRY AND CLOTHESLINES. No clothes, sheets, blankets,
towels, swimsuits or laundry of any kind or any other articles shall be hung out or exposed on
any Lot which is visible from the exterior of the dwelling. Clotheslines shall only be permitted
with the express written consent of the Association and the ARB.
SECTION 20. EXTERIOR SURFACES. Nothing shall be hung or displayed on any Lot
on the interior or exterior of any window or on the exterior of any structure or door, including
signs, awnings, canopies, flags (other than one (1) flag of the United States of America up to
4'X6' in size and one (1) flag of the State of North Carolina up to 4'x6' in size) or shutters,
without the prior written approval of the ARB. The foregoing shall not prohibit holiday
decorations in accordance with the Rules and Regulations or interior curtains, shades, blinds and
other window coverings showing only white or beige tones from the exterior.
SECTION 21 UTILITIES. All lines, wires, pipes, conduits and other facilities for the
accommodation of utilities shall be installed underground, in a good and workmanlike manner
and in accordance with all applicable law.
SECTION 22 IMPAIRMENT OF STRUCTURAL INTEGRITY. No activities shall be
conducted on any portion of the Property which would likely impair the structural integrity of
any building or which, absent the prior written approval of the ARB, would structurally change
any building.
SECTION 23. INSURANCE LAWS AND WASTE. Nothing shall be done or kept
which would increase the rate of insurance of the buildings, or contents thereof, without the prior
written consent of the Association Board. Nothing shall be done or kept.which would result in
the cancellation of insurance on the buildings, or contents thereof, or which would be in violation
of any law. No waste will be committed. All laws shall be obeyed.
SECTION 24. MARKETING OFFICE. Notwithstanding anything contained herein to
the contrary, Declarant may use any Lots owned or leased by it for marketing of the
neighborhood and other developments.
SECTION 25. RULES AND REGULATIONS. In addition to the restrictions set forth
herein, the entire Property, the Lots and/or the Common Areas may be subjected such additional
Rules and Regulations as may, from time to time, be imposed by the Association Board and/or
the ARB. Rules and Regulations which may be promulgated by the ARB are limited to such
Rules and Regulations as may affect any aesthetic aspect of the entire Property, the Lots and/or
the Common Areas. The Association Board shall be bound by any Rules and Regulations
promulgated by the ARB. No Rules and Regulations promulgated by the Association Board may
conflict with or supersede any Rules and Regulations promulgated by the ARB.
JECeiv
AUG 242018

ARTICLE III
ARCHITECTURAL CONTROL
SECTION 1 ARB FORMATION AND JURISDICTION. There hereby is constituted
The Wye Architectural Review Board (the "ARB"). The ARB shall act independently of the
Association and have exclusive jurisdiction over all aesthetic aspects of the Property. No
amendments to this Declaration, the Articles or the Bylaws and no Rules and Regulations
promulgated by the Association shall in any way alter or supersede the aesthetic controls, rules,
regulations, restrictions, covenants, requirements or aspects of the Property or any portion
thereof, without the express written consent of the ARB. The ARB may establish and amend,
from time to time, certain Rules and Regulations. The ARB shall have the right to bring suit in
its own name or in the names of the Owners.
SECTION 2 DESIGN GUIDELINES. The ARB has adopted, and may from time to
time amend, the Design Guidelines. Technical compliance with the Design Guidelines does not
entitle any Owner to ARB approval. The ARB retains the right to be more or less restrictive than
the Design Guidelines in approving plans, but the Design Guidelines should provide Owners
with direction on initial preparation of plans for submittal to the ARB.
SECTION 3. RULES AND REGULATIONS. By a majority vote, the ARB may, from
time to time, adopt, amend and repeal Rules and Regulations with respect to all aspects of the
ARB's rights, activities and duties under this Declaration; provided, however, that the Rules and
Regulations shall not be inconsistent with this Declaration. A copy any Rules and Regulations of
the ARB, as they may from time to time be adopted, amended or repealed, shall be maintained in
the office of the ARB and shall be available to each Owner upon request. Any Rules and
Regulations of the ARB (or amendments thereto) shall be effective from and after the date of
notice of such Rules and Regulations to the Owners.
SECTION 4 ARB MEMBERSHIP AND ADDRESS. The ARB shall consist of between
one (1) and five (5) individuals and shall be appointed as set forth in Section 5 below. Members
of the ARB shall serve without compensation or reimbursement until they resign or are replaced
as set forth in Section 5 below. The initial ARB members are five (5) in number and their names
are R. Edwin Coleman, Jr., Hubert G. Tolson, 111, Jimmy Thiem, Barbara Myers and Eddy
Myers. Any change in the membership of the ARB shall be evidenced by a written instrument
signed by the party with the power of appointment as set forth in Section 5 below, recorded in
the county registry where the Property is located and specifically referencing this Declaration.
Until changed by a written document executed by the party with the power to appoint the ARB
and recorded in the county registry where the Property is located, the address of the ARB is 227
East Front Street, New Bem, North Carolina 28560.
SECTION 5. APPOINTMENT OF ARB MEMBERS. Declarant shall have the exclusive
right to appoint and remove the members of the ARB and to transfer such rights, either in whole
or in part, by a signed document recorded in the county registry where the Property is located
and specifically referencing this Declaration, until the earlier to occur of the following: (a) the
date that Declarant relinquishes, in a writing signed by Declarant and recorded in the county
13UOK 1 PAGE

registry where the Property is located, Declamm's exclusive right to appoint the ARB; and (b)
the date that is twenty (20) years from the initial recordation of this Declaration in the county
registry where the Property is located. From and after such date, the Association Board shall
have the right to appoint, remove and replace members of the ARB.
SECTION 6. TRANSFER OF DECLARANT'S RIGHT TO APPOINT ARB. Al any
time prior to termination of Declarant's power to appoint the ARB as set forth in Section 5
above, Declarant may transfer the right to appoint the ARB by a written document recorded in
the county registry where the Property is located specifically referencing this Declaration and
specifically identifying the property for which the ARB appointment rights are transferred. If
Declarant transfers its right to appoint the ARB as provided herein, the designated transferee
shall possess all ARB powers as to, but only as to, the property for which the APB appointment
rights have been transferred. Since Declarant may retain the right to appoint the ARB for some
property, there may be more than one (1) ARB operating simultaneously. If Declarant transfers
to any party (other than the Association), all or part of its ARB appointment and removal rights,
any such transferee's rights also shall terminate upon the earlier to occur of; (x) the date that is
twenty (20) years after the date this Declaration is recorded in the county registry where the
Property is located; and (y) the date such right is relinquished by such transferee by a signed
document recorded in the county registry where the property is located and specifically
referencing this Declaration.
SECTION 7. MEETINGS AND VOTING OF THE APB. If the ARB has more than one
(1) member, any member of the ARB may call a meeting upon five (5) days notice to the other
member(s) of the ARB. A written decision signed by a majority of the member(s) of the ARB
shall be the decision of the ARB.
SECTION 8. ALTERATIONS AND IMPROVEMENTS. All alterations of and/or
improvements to the Property of any kind, nature, size or character which are visible from any
exterior location on the Property must be approved in writing by the ARB. This provision is
broad and sweeping and covers minor alterations such as the planting of flowers and the altering
in any way of the natural and/or manmade features of the Property and/or any improvements
located thereon and major alterations such as the construction of a dwelling and the installation
of a new roof. This provision also covers the display of any items which are visible from any
exterior location on the Property such as flags, signs, wreaths, flower pots, window treatments
and exterior decorations. So as to not require a lengthy approval process for minor requests that
would frequently occur, the ARB may, without obligation, set forth certain pre -approved matters
in its Rules and Regulations.
SECTION 9, APPROVAL PROCESS. Before any alteration and/or improvement to the
Property may be undertaken by any Owner, the Association or otherwise, two (2) complete sets
of the detailed plans and specifications therefor (including, without limitation, location, size,
style, materials, colors, contractors, subcontractors, insurance, financing/financial ability to
complete, time schedules and such other information as the ARB may request) shall be submitted
to the APB. The ARB shall approve or disapprove any proposals within sixty (60) days from the
receipt thereof. One (1) set of said plans and specifications with the approval or disapproval of
the ARB endorsed thereon shall be returned to the person submitting them and the other copy
10
AUG 2 4 2018
BY:

thereof shall be retained by the ARB for its permanent files. Any disapproval shall state specific
reasons for the disapproval. In the event the plans and specifications are not disapproved within
sixty (60) days after their receipt by the ARB, they shall be deemed approved. All decisions of
the ARB shall be final, but revised plans and specifications addressing the ARB's comments
may be submitted pursuant to the foregoing process.
SECTION 10 APPROVAL STANDARDS. The ARB shall have the right to disapprove
any plans or specifications submitted to it: (a) if the plans and specifications or any portion
thereof are not in accordance with any of the Constituent Documents; (b) if the location, size,
style, materials, colors and or other aesthetic aspects of the proposed alteration and/or
improvement are not in harmony with the general surroundings; (c) if the plans and
specifications submitted are incomplete; (d) if the ARB deems the plans or specifications, or anv
part thereof, to be contrary to the interests, health, safety, welfare or rights of any Owner; (e) for
purely aesthetic reasons which, in the opinion of the ARB, will have an adverse effect on the
Property; (f) if, in.the opinion of the ARB, the proposed contractors and/or subcontractors do not
meet the highest standards of quality and punctual, professional work; or (g) if for any other
reason, the ARB determines that the proposed project is not in the best interests of the Property
and/or its various Owners.
SECTION 11 PROJECT IMPLEMENTATION. Once the plans and specifications have
been approved by the ARB, the project implementation shall adhere to those plans and
specifications in all material respects. If a material deviation is proposed, it shall be approved in
writing by the ARB pursuant to the foregoing process the project proceeds any further. Any
approved project must be commenced within six (6) months after ARB approval or it must be
resubmitted for approval pursuant to the foregoing process. Any approved project must be
completed within one (1) year after commencement.
SECTION 12. LIABILITY OF THE ARB AND ITS MEMBERS. Neither the ARB nor
any member thereof shall be responsible or liable for any defects in any plans or specifications
submitted, revised or approved; for defective construction or for construction which does not
comply with building codes or other applicable law; for any structural or other defects in any
work done according to such plans and specifications; for approving or refusing to approve plans
and specifications for any reason whatsoever; for the failure of any plans and specifications
submitted to comply with the Constituent Documents; for the failure to enforce the Constituent
Documents; or for the failure to enjoin any alteration and/or improvement which either has not
been approved by the ARB or which is not being performed in accordance with plans and
specifications which have been approved by the ARB. The Association shall indemnify the
ARB and each of its members from and against any and all loss, cost, damage and expense
(including reasonable attorneys' fees but excluding routine expenditures associated with ARB
activities) incurred by the ARB and/or any of its members in connection with the Subdivision.
Such indemnification shall not extend, however, to any member of the ARB to the extent that
such member's malicious actions caused such liability.
SECTION 13. COMPLIANCE WITH OTHER REQUIREMENTS. Approval by the
ARB shall not relieve an Owner from conforming with all applicable law and with the
Constituent Documents.

ARTICLE IV
COMMON AREAS
SECTION 1. TITLE TO COMMON AREAS. Declarant shall convey by deed all
Common Areas to the Association in fee simple absolute after the final platting of all Lots in the
Subdivision. Any such conveyance shall be subject to taxes for the year of conveyance, and to
restrictions, conditions, limitations and easements of record.
SECTION 2. CONTROL OF THE COMMON AREAS. The Common Areas shall,
subject to the terms, conditions and provisions of the Constituent Documents, be exclusively
controlled by the Association and the ARB.
ARTICLE V
EASEMENTS
SECTION 1 USE AND ENJOYMENT FOR SUBDIVISION. The Owners and
Residents, and their guests and invitees, shall have a non-exclusive right and easement of general
use and enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass
with the title to each Lot. Such rights and privileges shall be subject, however, to all terms
conditions and provisions of the Constituent Documents which may, among other things, provide
for the suspension of the rights and privileges to use certain Common Areas for violations of the
Constituent Documents,
SECTION 2. ACCESS FOR SUBDIVISION. The Owners and Residents, and their
guests and invitees, shall have a non-exclusive right and easement of vehicular and pedestrian
ingress, egress and regress over and upon the Common Areas, which shall be appurtenant to and
shall pass with the title to each Lot. Such rights and privileges shall be subject, however, to all
terms conditions and provisions of the Constituent Documents which may, among other things,
limit the access along private lanes, private alleys and other similar areas shown on the Plat to
certain Owners and Residents, and their guests and invitees. Vehicular access shall be limited to
streets, alleys, lanes, drives and other similar areas on the Plat. Nothing contained herein shall be
construed as graining any parking rights in the Common Areas.
SECTION 3 ACCESS FOR DECLARANT ARB AND ASSOCIATION. Declarant, the
ARB and the Association, and their agents, employees, directors, officers, contractors, guests and
invitees shall have a non-exclusive right and easement of vehicular and pedestrian ingress, egress
and regress in, on, over and through the entire Property, including without limitation, Common
Areas, Lots, Dwelling Units and any other improvements for the purposes of maintaining,
cleaning, repairing, improving, regulating, inspecting, operating, policing, replacing and
otherwise dealing with the Subdivision to insure compliance with the Constituent Documents
and/or any applicable law. In the case of Declarant, the purposes of such right and easement
shall be expanded to include all such activities with respect to developing or otherwise dealing
with any other property, whether or not such property has been or will be annexed into the
Subdivision.
BOOK PAGE G
12

SECTION 4 GENERAL ACCESS. All non -dedicated streets and alleys constructed
within the Property are reserved as easements of vehicular and pedestrian ingress, egress and
regress: (a) by vehicles authorized to make customary pick-ups and deliveries; and (b) by such
other persons or classes of persons who may be authorized, from time to time, by the Association
Board. The purposes of this easement may be expanded and otherwise changed from time to
time by the Association Board.
SECTION 5 UTILITIES FORS BDIVI ION. The Owners and Residents, and their
agents, contractors and invitees, shall have a non-exclusive right and easement to and throughout
the Common Areas and, if necessary, the setback areas of Lots, as may be necessary for the
installation, maintenance, repair and use of underground water, gas, sewer, power, telephone,
cable television and other utilities and services now or hereafter existing, including maintaining,
repairing and replacing any pipes, wires, ducts, conduits, equipment, fixtures, utility, power or
communication lines or equipment or other components. The foregoing notwithstanding, the
easement rights reserved in this Section 5 shall not be exercised without the prior written
approval of the ARB and the Association Board.
SECTION 6. UTILITIES FOR DECLARANT AND ASSOCIATION. Declarant and the
Association, and their agents, employees, directors, officers, contractors, guests and invitees
shall have a non-exclusive right and easement to and throughout the Common Areas and, if
necessary, the setback areas of Lots, as may be necessary for the installation, maintenance, repair
and use of underground water, gas, sewer, drainage, power, telephone, cable television and other
utilities and services now or hereafter existing, including maintaining, repairing and replacing
any pipes, wires, ducts, conduits, equipment, fixtures, utility, power or communication lines or
equipment or other components. In the case of Declarant, the purposes of such right and
easement shall be expanded to include all such activities with respect to developing or otherwise
dealing with any other property, whether or not such property has been or will be annexed into
the Subdivision. The right and easement of Declarant and the Association hereunder shall also
extend to any public utility provider for the above -described purposes.
SECTION 7. DEVELOPMENT AND CONSTRUCTION EASEMENT. Declarant
reserves the non-exclusive right and easement to temporarily go upon the Property in order to
complete development and/or construction of any other property, whether or not such property
has been or will be annexed into the Subdivision. This right and easement should be construed
broadly in favor of Declarant, including giving Declarant the right to temporarily store
construction materials, equipment or dirt on the Property. After any such activities are finished,
Declarant must, at Declarant's cost, remove all debris, equipment, materials and dirt from the
Property and repair any damage done to the Property including to any landscaping.
SECTION 8. ENCROACHMENTS. Any Dwelling Units, structures, fences, utilities,
sidewalks, roads, driveways and other improvements as originally constructed by or on behalf of
Declarant or its assigns shall have an easement to encroach upon any setback, Lot, Common
Area or other portion of the Property. Such easement shall also extend to alterations and/or
13 \ 1 `` ``

improvements which may be made to such improvements from time to time; provided, however,
that such alterations and/or improvements comply with the requirements of this Declaration.
SECTION 9 MARKETING. An easement is hereby reserved in favor of Declarant over
the Common Areas for the purpose of advertising or promoting sales of Lots and/or Dwelling
Units in the Subdivision and the sale and/or lease of any other property of Declarant, whether or
not such property has been or will be annexed into the Subdivision.
SECTION 10. STORMWATER MANAGEMENT EASEMENT. Declarant hereby
reserves unto itself and grants unto the Association and the State of North Carolina the right,
privilege and easement to go upon any portion of the Property to inspect for compliance with the
Stormwater Permit and to maintain, repair, replace and construct ditches, ponds, swales and
other Stormwater Facilities thereon which are necessary to insure that the Property (and any
additional property annexed pursuant to this Declaration) is in compliance with the Stormwater
Permit.
SECTION 11 SEDIMENTATION AND EROSION CONTROL EASEMENT.
Declarant hereby reserves unto itself and grants unto the Association and the State of North
Carolina the right, privilege and easement to go upon any portion of the Property to inspect for
compliance with the Erosion Permit and to undertake any activities necessary or appropriate to
insure that the Property (and any additional property annexed pursuant to this Declaration) is in
compliance with the Erosion Permit.
SECTION 12. GRANTING FURTHER EASEMENTS. Each Owner and/or his
respective mortgagee by acceptance of a deed conveying such ownership interest and each
mortgagee encumbering such ownership interest, as the case may be, hereby irrevocably appoints
Declarant and/or the Association, as the case may be, as his attorney in fact, coupled with an
interest, and authorizes, directs and empowers such attorney in fact, at the option of such
attorney in fact, to execute, acknowledge and record for and in the name of such Owner and his
mortgagee, such easements or other instruments as may be necessary to effect the purposes of
Section 6 above. The easements may be assigned and/or granted by Declarant and/or the
Association to any utility or service company. Furthermore, the Association and/or the
Declarant may grant further rights and easements in the Common Areas for the use of others,
including the general public.
SECTION 13 USE OF EASEMENTS. Any use of the rights and easements granted and
reserved in this Article V shall be reasonable. If any damage, destruction, or disturbance occurs
to a Lot, Common Area or any improvements as a result of the use of any easement or right, the
Lot, Common Area or improvements shall be restored by, or at the direction of, the ARB and the
Association promptly in a reasonable manner at the expense of the person or persons making the
use of the easement or right that resulted in the damage, destruction or disturbance. Before
beginning work, the ARB and the Association may require all or any part of the expected
expense to be prepaid by that person or those persons liable for the expense. No easement may
be granted across, through, over, or under any Lot or Common Area, which materially restricts
ingress and egress to the Lot or Common Area, unless reasonable alternate ingress and egress is

provided or unless the restrictions is only temporary. All easements reserved hereunder shall be
perpetual and non-exclusive.
ARTICLE VI
MAINTENANCE
SECTION I MAINTENANCE OBLI ATIONS OF THE ASSOCIATION. The
Association, at its expense, shall maintain, operate and keep in good repair, unless such
obligations are assumed by any municipal or governmental agency having jurisdiction thereof,
the Common Areas and all improvements located thereon for the common benefit of the Property
and its various Owners. The Association shall make the determination as to when maintenance,
repair, replacement and care shall be done, and its determination shall be final and binding. The
Association shall have a reasonable time in which to make any repair or do any other work,
which it is required to do under the Constituent Documents, but the Association must first have
actual knowledge of the problem. Any determination of the reasonableness of the Association's
response, must allow for the facts that the Association is volunteer organization and that the
funds available to the Association are limited.
SECTION 2. MAINTENANCE OBLIGATION OF THE OWNERS. Each Owner shall
maintain his Lot in accordance with the terms, conditions and provisions of the Constituent
Documents. The responsibilities of each Owner shall include, without limitation, the obligation:
(a) to clean, maintain, keep in good order, repair and replace at his or her expense all portions of
his or her Lot, Dwelling Unit and any landscaping, improvements, structures or other features of
or items in or on such Lot; (b) to perform his responsibilities in such manner so as not
unreasonably to disturb other persons; (c) not to change paint colors or otherwise alter, decorate,
improve or change any aspect of his or her Lot, Dwelling Unit and any landscaping,
improvements, structures or other features of or items in or on such Lot which are visible from
any exterior location on the Property without the written consent of the ARB; (d) not to impair
the use of any easement without first obtaining the written consents of the Association and all
parties for whose benefit such easement exists. Each Owner shall also repair and/or replace at
his or her expense all portions of the Common Areas which may be damaged or destroyed by
reason of his or her own intentional or negligent acts or omissions, or by the intentional or
negligent act or omissions of any invitee, tenant, licensee, family member or pet.
SECTION 3. CONSTRUCTION DEFECTS. The obligations of the Association and of
Owners to repair, maintain and replace the portions of the Property or other items for which they
are respectively responsible shall not be limited, discharged or unreasonably postponed by
reason of the fact that any maintenance, repair or replacement may be necessary to cure any
latent or patent defects in materials or workmanship. The undertaking of repair, maintenance or
replacement by the Association or Owners shall not constitute a waiver of any rights against any
warrantor but such rights shall be specifically reserved. Likewise, this Section 3 is not intended
to work for the benefit of the person or entity responsible for the construction defect.
Notwithstanding anything contained herein to the contrary, performance by Association may be
delayed if the Association does not have the means or the funds to repair the defect or if by
15 BQOK PAGE 4(, - _.

repairing the defect, Association would be compromising the right to sue to have the defect
corrected and/or to collect damages caused by the defect.
SECTION 4. EFFECT OF INSURANCE OR CONSTRUCTION GUARANTEES.
Notwithstanding the fact that the Association and/or any Owner may be entitled to the benefit of
any guarantee of material and workmanship famished by any construction trade responsible for
any construction defects, or to benefits under any policies of insurance providing coverage for
loss or damage for which they are respectively responsible, the existence of construction
guarantee or insurance coverage shall not excuse any unreasonable delay by the Association or
any Owner in performing his obligation hereunder. Likewise, this Section 4 is not intended to
work for the benefit of the person or entity responsible for the construction defect.
Notwithstanding anything contained herein to the contrary, performance by Association may be
delayed if the Association does not have the means or the funds to repair the defect or if by
repairing the defect, Association would be compromising the right to sue to have the defect
corrected and/or to collect damages caused by the defect.
ARTICLE VII
INSURANCE
SECTION 1. INSURANCE OBTAINED BY THE ASSOCIATION. The Association
may, without obligation, obtain insurance in such coverages and amounts as it deems necessary
or appropriate in connection with the Property. Such coverages may include, without limitation,
liability insurance, casualty insurance, flood insurance, fidelity insurance and/or errors and
omissions insurance. If the Association maintains errors and omissions insurance for the
Association Board or the Association officers, then the Association must purchase errors and
omissions insurance for the ARB in the greater of the amount of coverage maintained for the
Association Board and the amount of coverage maintained for the Association officers.
SECTION 2 INSURANCE OBTAINED BY OWNERS. Each Owner (other than
Declarant) shall, at his or her own expense, obtain public liability insurance for personal injuries
or damage arising out of the use and occupancy of or occurring within his Lot or Dwelling Unit
in such amount as the Association may, from time to time, prescribe. In addition, each Owner
(other than Declarant) shall maintain fire and extended coverage insurance on his Dwelling Unit
and the contents of his Dwelling Unit for the full replacement value thereof If the Property or
any portion thereof is located within a flood hazard zone, each Owner (other than Declarant)
shall maintain flood insurance. The Association may request the Owner to provide a copy of the
policy(s) to the Association evidencing this insurance coverage at any time, and the Association
may change the insurance requirements, including coverage types and amounts, from time to
time in the Association's Rules and Regulations.

ARTICLE Vlll
STORMWATER MANAGEMENT
SECTION I GENERAL RESTRICTIONS. No structure, plantings or other material
shall be placed or permitted to remain on any Stormwater Facilities except in full compliance
with the Stormwater Permit and with the prior written approval of the ARB and the Association
Board, and no activities shall be undertaken which may: (a) damage such facilities; (b) interfere
with the maintenance, use and/or operation of such facilities; (c) affect or change the direction of
the flow of water through such facilities; or (d) cause the Property or any portion thereof not to
be in compliance with the Stormwater Permit.
SECTION 2 GENERAL INDEMNIFICATION. In the event the Owner of a Lot and/or
any guest, licensee, invitee, tenant, employee or agent of such Owner shall damage or through
negligent failure to act allow damage to occur to any of the Stormwater Facilities or violate any
of the other provisions of this Article VIII, the Owner of said Lot and any such person shall,
jointly and severally, be fully responsible and liable for all costs associated therewith. Such
Owner and any such other person shall indemnify and hold Declarant and the Association
harmless from and against any and all loss, cost, damage and expense (including, without
limitation, reasonable attorneys' fees) incurred by Declarant or the Association in connection
with such damage or other violation.
SECTION 3 GENERAL EASEMENT. Declarant hereby reserves unto itself and grants
unto the Association and the State of North Carolina the right, privilege and easement to go upon
any portion of the Property to inspect for compliance with the Stormwater Permit and to
maintain, repair, replace and construct ditches, ponds, swales and other Stormwater Facilities
thereon which are necessary to insure that the Property (and any additional property annexed
pursuant to this Declaration) is in compliance with the Stormwater Permit.
SECTION 4. GROUND COVER. At the time a dwelling is constructed on a Lot, a
Centipede, Saint Augustine, or Zoysia, or other ARB approved turf grass sod lawn (together with
such accompanying natural areas, plantings and landscape features as may be approved or
required by the ARB) shall be installed pursuant to a comprehensive landscaping plan previously
submitted to and approved by the ARB in writing. Such lawn, and the installation thereof, shall
comply with the Stormwater Permit and shall be maintained by the Owner of the Lot in a neat,
clean, orderly, weed -free and mowed condition, in keeping with other planned first class
detached single family residential communities in the southeastern United States.
SECTION 5. DIVERSION SWALES. Until such time as ground cover is established on
a Lot, any diversion swalc on such Lot shall not be graded or otherwise modified except in
compliance with the Stormwater Permit. The Stormwater Permit requires, at a minimum, the
replacement of the stormwater diversion swale with a silt fence until ground cover is established
on the entire Lot. After ground cover is established on a Lot, the stormwater diversion swale
located on a Lot may be graded; provided, however, that such grading is performed in
compliance with the Stotmwater Permit. The Owner of the Lot upon which such grading is
performed shall be responsible for compliance with all requirements of the Stormwater Permit.

SECTION 6. DENSITY LIMITS. Nothing contained herein shall prohibit Declarant
from exceeding density limits through permits properly obtained through state stormwater rules,
which may include engineered systems. Any of the provisions of this Article V11I may be
amended, modified or terminated to comply with stormwater rules now or hereafter adopted by
the State of North Carolina by an instrument in writing executed by Declarant, its successors or
assigns.
SECTION 7. SPECIFIC RESTRICTIONS. The following is set forth verbatim as
required by the State of North Carolina:
I. The following covenants are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW8060149, as
issued by the Division of Water Quality. These covenants may not be changed or
deleted without the consent of the State.
2. No more than 3 299 square feet of any lot shall be covered by
structures or impervious materials. Impervious materials include asphalt, gravel,
concrete, brick, stone, slate or similar material but do not include wood decking or
the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary
to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state
stormwater management permit modification prior to construction.
5. All permitted runoff from outparcels or future development shall
be directed into the permitted stormwater control system. These connections to
the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
ARTICLE IX
SEDIMENTATION AND EROSION CONTROL
SECTION 1. GENERAL RESTRICTIONS. No activities shall be undertaken (or
omitted if such omission would constitute negligence) which may create and/or exacerbate any
sedimentation and/or erosion problems or cause the Property or any portion thereof not to be in
compliance with the Erosion Permit.
SECTION 2. GENERAL INDEMNIFICATION. In the event the Owner of a Lot and/or
any Resident, and/or any guest, licensee, invitee, tenant, employee or agent of such Owner or
Resident shall violate any provision of this Article IX, such persons or entities shall, jointly and
severally, be fully responsible and liable for all costs associated therewith. Such Owner and any
such other person shall indemnify and hold Declarant and the Association harmless from and

against any and all loss, cost, damage and expense (including, without limitation, reasonable
attorneys' fees) incurred by Declarant or the Association in connection with such violation.
SECTION 3. GENERAL EASEMENT. Declarant hereby reserves unto itself and grants
unto the Association and the State of North Carolina the right, privilege and easement to go upon
any portion of the Property to inspect for compliance with the Erosion Permit and to undertake
any activities necessary or appropriate to insure that the Property (and any additional property
annexed pursuant to this Declaration) is in compliance with the Erosion Permit.
ARTICLE X
THE ASSOCIATION
SECTION I FORMATION AND PURPOSE. The Association has been formed to,
among other things, maintain, manage and control the Common Areas and carry out the other
duties set forth in this Declaration. The Association shall be governed by this Declaration, the
Articles and the Bylaws.
SECTION 2 BOARD OF DIRECTORS AND OFFICERS. The Association Board and
such officers as the may elected or appointed in accordance with this Declaration, the Articles
and the Bylaws, shall conduct the affairs of the Association. The Association Board may also
appoint committees and managers or other employees and agents who shall, subject to the
general direction of the Association Board, be responsible for the day-to-day operation of the
Association. Unless otherwise specifically stated in this Declaration, the Association shall act
exclusively through the Association Board. The Association Board shall initially consist of five
(5) members and may be increased to as many as nine (9) members pursuant to Bylaws.
Notwithstanding anything contained herein to the contrary, Declarant shall have the exclusive
right to appoint all members of the Association Bond for a period of ten (10) years following the
initial recordation of this Declaration in the county registry where the Property is located. After
such time, the Association Board shall be elected pursuant to the Bylaws.
SECTION 3. RULES AND REGULATIONS. By a majority vote of the Association
Board, the Association may, from time to time, adopt, amend and repeal Rules and Regulations
with respect to all aspects of the Association's rights, activities and duties under this Declaration.
The Rules and Regulations of the Association may, without limitation, govem use of the
Property, including prohibiting, restricting or imposing charges for the use of any portion of the
Property; provided, however, that the Rules and Regulations shall not be inconsistent with this
Declaration, the Articles, the Bylaws, the Design Guidelines or any other Rules and Regulations
of the ARE. A copy any Rules and Regulations of the Association, as they may from time to
time be adopted, amended or repealed, shall be maintained in the office of the Association and
shall be available to each Owner upon request. Any Rules and Regulations of the Association
(or amendments thereto) shall be effective from and after the date of notice of such Rules and
Regulations to the Owners.
BOOK^ PAGE 4( _
19

SECTION 4 MEMBERSHIP OF ASSOCIATION. Each Owner shall be a member of
the Association. Each member of the Association shall abide by the Constituent Documents,
pay the Assessments provided for in this Declaration, when due, and shall comply with decisions
of the Association Board and the ARB. Conveyance of fee simple title to a Lot automatically
transfers membership in the Association without necessity of further documents. Membership
shall be appurtenant to and may not be separated from ownership of any Lot.
SECTION S. CLASSES OF MEMBERSHIP. The Association shall have two (2) classes
of membership:
(a) Class A Members. Each Owner of a Lot shall automatically be a Class A
Member of the Association except Declarant during the Declarant Control Period; provided,
however, that any such person, group of persons or entity who holds such interest solely as
security for the performance of an obligation shall not be a member. Class A Members shall be
entitled to one (1) vote for each Lot in which they hold the interest required for membership. In
the event that more than one person, group of persons or entity is the record owner of a fee
interest in any Lot, then the vote for the membership appurtenant to such Lot portion shall be
exercised as they among themselves determine, but in no event shall more than one (1) vote be
cast with respect to any Lot. In the event agreement is not reached, the vote attributable to such
Lot shall not be cast.
(b) Class B Member. The Class B Member shall be Declarant. The Class B
Membership shall cease and be converted to Class A Membership upon the expiration of the
Declarant Control Period. The Class B Member shall be entitled to four (4) votes for each Lot it
owns.
SECTION 6. POWERS OF THE ASSOCIATION. Except for the powers exclusively
reserved for the ARE, the Association shall have full power and responsibility to administer,
operate, sustain, maintain, and govern the Property including but not limited to, the powers and
responsibilities to: (a) adopt and amend its Bylaws and it Rules and Regulations; (b) adopt and
amend budgets for revenues, expenditures, and reserves and collect Assessments from Owners;
(c) hire and discharge managing agents and other employees, agents, and independent
contractors; (d) institute, defend, or intervene in litigation or administrative proceedings on
matters affecting the Property; (e) make contracts and incur liabilities; (f) regulate the use,
maintenance, repair, replacement, and modification of common elements; (g) cause additional
improvements to be made as a part of the common elements; (h) acquire, hold, encumber, and
convey in its own name any right, title, or interest to real or personal property; (i) grant
easements, leases, licenses, and concessions through or over the common elements; Q) impose
and receive any payments, fees, or charges for the use, rental, or operation of the common
elements other than any limited common elements and for services provided to Owners; (k)
impose reasonable charges for late payment of Assessments, not to exceed the greater of twenty
dollars ($20.00) per month or ten percent (10%) of any Assessment installment unpaid and, after
notice and an opportunity to be heard, suspend privileges or services provided by the Association
(except rights of access to lots) during any period that Assessments or other amounts due and
owing to the Association remain unpaid for a period of 30 days or longer; (1) after notice and an
opportunity to be heard, impose reasonable fines or suspend privileges or services provided by
20

the Association (except rights of access to lots) for reasonable periods for violations of the
Constituent Documents; (m) impose reasonable charges in connection with the preparation and
recordation of documents, including, without limitation, amendments to the Declaration or
statements of unpaid Assessments; (n) provide for the indemnification of and maintain liability
insurance for its officers, the Association Board and its members, employees and agents; (o)
provide for the indemnification of and maintain liability insurance for the ARB and its members;
(p) assign its right to future income, including the right to receive Assessments; (q) exercise all
other powers that may be exercised in North Carolina by legal entities of the same type as the
Association; (r) dedicate Common Areas for public use; and (s) exercise any other powers
necessary and proper for the governance and operation of the Association.
SECTION 7. LIABILITY OF ASSOCIATION. The Association does not construct any
improvements, including the Dwelling Units, and the Association does not warrant in any way or
for any purpose, any improvements in the Property. Construction defects are not the
responsibility of the Association. In case of ambiguity or omission, the Association Board may
interpret the Constituent Documents (other than the Design Guidelines and any ARB Rules and
Regulations which may only be interpreted by the ARB), and the Association Board's
interpretation shall be final if made without malice or fraud. Notwithstanding the foregoing,
Declarant may overrule any interpretation affecting it, for so long as Declarant owns any portion
of the Property; and such interpretation cannot be enforced against Declarant, its successors or
assigns. The Association shall indemnify the Association Board and each of its members from
and against any and all loss, cost, damage and expense (including reasonable attorneys' fees but
excluding routine expenditures associated with Association Board activities) incurred by the
Association Board and/or any of its members in connection with the Subdivision. Such
indemnification shall not extend, however, to any member of the Association Board to the extent
that such member's malicious actions caused such liability.
ARTICLE XI
ASSESSMENTS
SECTION 1 REGULAR ASSESSMENTS. Regular Assessments for the payment of the
Common Expenses shall be made in the manner provided herein, and in the manner provided in
the Bylaws. The Regular Assessment is established for the benefit and use of the Association
and shall be used in covering all of the Common Expenses.
SECTION 2 SPECIAL ASSESSMENT. In addition to levying Regular Assessments,
and to the extent that the reserve fund is insufficient, the Association Board may levy Special
Assessments to construct, structurally alter, or replace improvements which are a pan of the
Common Areas. The Association Board shall calculate each Lot's proportionate share of the
Special Assessment, and shall give the Owner(s) written notice of the proportionate share and of
the date(s) that the Special Assessment is due and payable. Notwithstanding the foregoing,
Declarant shall have no obligation to pay any Special Assessment with respect to any Lot owned
by it unless there is a Dwelling Unit located upon the Lot that is occupied as a residence.
21

SECTION 3 WORKING CAPITAL ASSESSMENT. Upon the initial transfer of record
of the Lot from Declarant (or successor declarant or designated declarant) to the Owner (other
than a successor declarant or designated declarant), the purchaser is required to pay a sum equal
to two (2) full months of the Regular Assessment due on his or her Lot as his or her initial
contribution to the working capital of the Association. This sum is not an advance payment of
the monthly Regular Assessment; rather the sum is allocated to a working capital fund to meet
unforeseen expenditures and operating expenses. Additionally, at the closing, each purchaser of
a Lot is required to pay a pro -rats share of the Regular Assessment due in the month of closing.
SECTION 4 INDIVIDUAL ASSESSMENT. In the event that the need for maintenance,
repair or replacement of any improvement on the Property, for which the Association has the
maintenance, repair and/or replacement obligation, is caused through the willful or negligent act
or omission of an Owner, his family, his pet(s), his guests or his invitees, the cost of such
maintenance, repairs or replacements shall be paid by such Owner. The Association Board shall
have the maintenance, repair or replacement done and the cost thereof shall be provided by the
Association Board to said Owner and shall be paid by said Owner within thirty (30) days
thereafter, unless an earlier date is otherwise set forth herein. In the event that Declarant, the
ARB and/or the Association cures the Default of any Owner (the right to do so being hereby
expressly reserved in the event of an emergency or in the event that any Default is not cured
within ten (10) days after written notice to the Owner), then all amounts expended to cure such
Default shall constitute an Individual Assessment. Furthermore, all amounts owed by an Owner
pursuant to any Constituent Document and not constituting another kind of Assessment under
this Declaration shall constitute an Individual Assessment.
SECTION 5 FBNE ASSESSMENTS. The Association Board, or an adjudicatory panel
established by the Association Board, may levy a reasonable Fine Assessment, as a fine or
penalty for violation of the Constituent Documents.
SECTION 6, COMMENCEMENT OF ASSESSMENTS. The monthly Regular
Assessment provided for herein shall commence as to each Owner of a Lot, except Declarant, on
the first day following the initial conveyance of the Dwelling Unit to the Owner and shall be
adjusted according to the number of days remaining in the month. Declarant, its successors and
assigns, shall not be required to pay the Regular Assessment for any Lot which it owns until a
Dwelling Unit is constructed thereon.
SECTION 7 BILLING. The Association Board shall fix the amount of the monthly
Regular Assessment at the beginning of each calendar year. Written notice of the monthly
Regular Assessment shall be sent to every Owner subject thereto or provided prior to closing for
any new Owners. The Association Board shall establish the due dates. Both Regular and
Special Assessments for an Owner shall be determined by the Association based upon the
proportion that each Lot bears to the aggregate number of Lots located on the Property, except
those owned by Declarant which are not assessed. The Association's governing body may, at its
discretion, waive the Regular Assessment for any year or part of a year for any Lot not occupied
as a residence. The Association shall inform each Owner of the amount of the total Regular
Assessment due from the Owner of that particular Lot. This Regular Assessment may be paid in
monthly installments or as otherwise required by the Association. The Owner of each Lot must
2 BOCA a eaGr _�1� -

pay his Lot's required Regular Assessment in advance on the first calendar day of each month,
unless the Association otherwise directs. Payment is to be made to such person at such an
address as Association determines. Special Assessments are due thirty (30) days after the bill for
the Special Assessment has been mailed or otherwise sent out by Association, unless the
Association otherwise directs. The Owners of the initial Lots in the Subdivision, except
Declarant, shall be obligated to begin paying the Regular Assessment as of the first day of the
initial conveyance ofthe Lot from Declarant to the Owner.
SECTION 8 COMMONSURPLUS. If the Regular Assessment collected in any given
year is in excess of the actual Common Expenses for that year, the Association Board may, at its
sole discretion (a) return each Owner's share of the Common Surplus; (b) credit each Owner's
share of the Common Surplus to each Owner's payment as for the Regular Assessment for the
following year; or (c) apply the Common Surplus to the reserve.
SECTION 9 ASSESSMENT CERTIFICATE. The Association shall, upon demand, at
any reasonable time, famish to any Owner liable for Assessments a certificate in writing signed
by an Officer or other authorized agent of the Association, setting forth the status of said
Assessments; i.e., "current", and if not current, "delinquent" and the amount due. Such
certificate shall be conclusive evidence of the payment of any Assessment therein stated to have
been paid. A reasonable charge to cover labor and materials may be made in advance by the
Association for each certificate.
SECTION 10 BOOKS AND RECORDS OF THE AS OCIATION. The Association
shall keep full and correct books of account. The Association shall make available to all Owners
and the holders of all first mortgages on Lots, current copies of the books, records and financial
statements of the Association upon reasonable request during normal business hours. All funds
collected by the Association shall be held and expended solely for the purposes designated by
this Declaration and shall be deemed to be held for the use, benefit and account of the
Association and all of the Owners. All books and records must be kept in accordance with good
accounting procedures and must be reviewed at least once a year by an independent accounting
firm.
SECTION 11 NON-PAYMENT OF ASSESSMENT, Any Assessments levied pursuant
to these covenants which is not paid on the date when due shall be delinquent and shall, together
with such interest and other costs as set out elsewhere in this Declaration, thereupon become a
continuing lien upon the Lot which shall bind the Lot in the hands of the then Owner and the
Owner's successors and assigns. If the Assessment is not paid within thirty (30) days after the
due date, the Assessment shall bear interest at a reasonable rate of ten percent (10%) per year or
at such other reasonable rate set by Association in its minutes, not to exceed the maximum
amount allowed by law, and the Association may bring an action at law against the Owner
personally obligated to pay the same and/or foreclose the lien against the Lot, in either of which
events interest, costs and reasonable attorneys' fees shall be added to the amount of each
Assessment. No Owner may waive or otherwise escape liability for the Assessments by non-use
or waiver of use of the Common Areas or by abandonment of his Lot. The Assessment lien
includes all collection costs, including demand letters, preparation of documents, reasonable
attorneys' fees, court costs, filing fees, collection fees, and any other expenses incurred by the

Association in enforcing or collecting the Assessment. Any Assessment otherwise payable in
installments shall become immediately due and payable in full without notice upon Default in the
payment of any installment. The acceleration shall be at the discretion of the Association Board.
No Owner of a Lot may exempt himself or herself from liability for his or her contribution
toward the Common Expenses by waiver of the use or enjoyment of any of the Common Areas
or by the abandonment of his or her Lot.
SECTION 12. PRIORITY OF ASSOCIATION LIEN. The lien provided for in this
Article XI shall take priority over any lien or encumbrance subsequently arising or created,
except liens for real estate taxes and assessments and liens of bona fide first mortgages which
have been filed of record before a claim of this lien hereunder has been docketed in the office of
the clerk of superior court in the county where the Property is located, and may be foreclosed in
the same manner as a mortgage on real property under power of sale in an action brought by the
Association. The Association is entitled to recover its reasonable attorneys' fees and court costs
and collection costs, as part of the lien. In any such foreclosure action, the Association shall be
entitled to become a purchaser at the foreclosure sale.
SECTION 13. FORECLOSURE SALE PURCHASERS, Any purchaser of a Lot at a
foreclosure sale shall automatically become a Member of the Association and shall be subject to
all the provisions of the Constituent Documents. When the holder of a first mortgage or first
deed of trust of record or other purchaser of a Lot acquires title to the Lot as a result of
foreclosure of the first mortgage first deed of trust or by deed in lieu of foreclosure, such acquirer
of title, his, her or its successors and assigns, shall not be solely liable for the share of the
Common Expenses or other Assessments by the Association chargeable to such Lot which
became due prior to the acquisition of title to the Lot by such acquirer, other than Assessments
for which a claim of lien has been docketed with the county clerk of superior court in the county
where the Property is located prior to the recordation of the lien being foreclosed. Such unpaid
share of Common Expenses or Assessments shall be deemed to be Common Expenses collectible
from all of the Lots, including that of such acquirer, his, her or its successors or assigns. This
provision shall not relieve the party acquiring title or any subsequent Owner of the subject Lot
from paying future Assessments.
SECTION 14 VOLUNTARY CONVEYANCES. In a voluntary conveyance of a Lot,
any grantee or his or her first mortgagee shall inform the Association Board in writing of such
contemplated conveyance and such grantee or first mortgagee shall be entitled to a statement
from the Association Board setting forth the amount of all unpaid Assessments (including
current Assessments) against the grantor due the Association. Neither the grantee nor the
mortgagee shall be personally obligated for any delinquent Assessments, but such delinquent
Assessments, along with interest, late charges, costs and reasonable attorneys fees shall be a lien
against the Lot in accordance with this Article XI.
SECTION IS LATE CHARGE. The Association may impose a charge against any
Owner who fails to pay any amount assessed by the Association against his Lot within ten (10)
days after such Assessments are due and payable and who fails to exercise his rights under this
Declaration or under the laws of the State of North Carolina to successfully contest such
Assessment. The amount of the late charge shall be the greater of (a) twenty and 00/100 Dollars

($20.00), or (b) twenty percent (20%) of the delinquent amount, or such other amount as may be
determined by the Association from time to time. Additionally, if an Owner shall be in Default
in payment of an installment upon an assessment or of a single monthly assessment, the
Association has the right to accelerate all monthly Assessments remaining due in the current
fiscal year. The total of such Assessments, together with the delinquent Assessments shall then
be due and payable by the Owner no later than ten (10) days after written notice of such
acceleration to the Owner. If such acceleration amount is not paid by the due date, the above -
described late charge may be imposed on the pan of such accelerated amount not paid by the due
date. The Association may charge interest due on delinquent Assessments (including any late
charges).
ARTICLE XII
ENFORCEMENT
SECTION 1. REMEDIES.
The Association, Declarant, the ARB and/or any Owner may
enforce the Constituent Documents. Enforcement of the Constituent Documents shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
any provision thereof to restrain and/or enjoin the violation or to recover damages, and against
the land to enforce any lien created by this Declaration. In addition to all other amounts due on
account of said violation or attempted violation, the violating party shall be liable to the parties
enforcing the Constituent Documents for all reasonable attorney's fees and court costs incurred
by the enforcing parties. There shall be and there is hereby created and declared to be a
conclusive presumption that any violation or breach or any attempted violation or breach of any
of the Constituent Documents cannot be adequately remedied by action at law or by recovery of
damages. Any action brought by the Association, Declarant and/or the ARB hereunder may be
brought in its own name, in the names of any Owners, in the name of the Association or in the
name of its managing agent.
SECTION 2. FINES. In addition to all other remedies of the Association, the
Association shall have the right to assess a fine of $100.00 per day (or such higher amount as
may be allowed by law) per violation against any Owner who violates any provision of the
Constituent Documents after such Owner has been given notice of the violation and an
opportunity to be heard with respect to the violation in accordance with such policies and
procedures as may be adopted from time to time by the Association Board or as may be set forth
in the Bylaws.
SECTION 3. SELF HELP. In addition to the above rights, the Association, Declarant
and the ARB may also enter upon a Lot or any land upon which a violation exists to remove any
violation, perform maintenance or make repairs thereon which is the responsibility of an Owner
who has failed to remove said violation or to perform such maintenance or make such repairs (i)
after having given such owner at least ten (10) days prior notice, or (ii) without giving notice in
the event of an emergency.
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ARTICLE XIII
DECLARANT RIGHTS
SECTION 1. GENERAL DECLARANT RIGHTS. Notwithstanding anything contained
in the Constituent Documents to the contrary and in addition to the other Declarant rights set
forth in the Constituent Documents, Declarant reserves the right (i) to complete improvements
indicated on plats and plans filed with the Declaration or any other improvements in the
Common Areas which are consistent with the Constituent Documents; (ii) to exercise any
development right; (in) to maintain construction trailers, storage or staging areas, advertising
signs, sales offices, management offices, signs advertising the planned community, and models;
(iv) to use easements through the common elements for the purpose of making improvements
within the Subdivision or within other neat estate which may or may not be added to the
Subdivision; (v) to make the Subdivision part of a larger planned community or group of planned
communities; (vi) to make the Subdivision subject to a master association; (vii) to appoint or
remove any officer member of the Association Board for a period of ten (10) years following the
initial recordation of this Declaration in the county registry where the Property is located; and
(viii) to appoint or remove any member of the ARB for a period of twenty (20) years following
the initial recordation of this Declaration in the county registry where the Property is located.
SECTION 2 DECLARANT ANNEXATION RIGHTS. Without limiting the foregoing,
and notwithstanding anything herein to the contrary, for a period of ten (10) years following
initial recordation of this Declaration in the county registry where the Property is located,
Declarant shall have the right to annex additional Lots or Common Areas into the Subdivision by
filing a supplement to this Declaration in the county registry where the property is located
together with an amendment to the Plat (if applicable). Such additional Lots or Common Areas
need not be contiguous to the Property.
SECTION 3 ASSIGNMENT OR TRANSFER OF DECLARANT RIGHTS. Declarant
shall have the right to assign all or any portion of any rights or easements reserved herein by a
written assignment thereof, recorded in the county registry where the Property is located.
ARTICLE XIV
RIGHT OF FIRST REFUSAL
If at any time during the ninety (90) year period commencing upon the initial recordation
of this Declaration in the Office of the Register of Deeds of Carteret County, North Carolina, any
Owner receives a bona fide offer from a third party to purchase such Owner's Lot which such
Owner wishes to accept, such Owner shall provide to Declarant: (a) a copy of such third party
offer; and (b) a written offer from such Owner to Declarant on the same terms and conditions set
forth in such third party offer. Declarant shall have ten (10) days from the receipt of such offer
to execute, accept and return such offer to such Owner if Declarant so desires. If Declarant does
not accept the offer within such ten (10) day period, such Owner shall be free to complete a sale
on such terms to third persons fora period of up to one (1) year. If the terms are altered or if the
closing does not occur within such one (1) year period, such Owner must resubmit an offer to

Declarant in accordance with the foregoing. If Declarant does accept the offer within such ten
(10) day period, Declarant and such Owner shall proceed in accordance with the terms of their
contract.
ARTICLE XV
GENERAL PROVISIONS
SECTION 1 BINDING EFFECT. The Property shall be held, sold and conveyed subject
to the easements, covenants, conditions, restrictions, terms and provisions of this Declaration,
which shall run with the land and shall inure to the benefit of and be binding upon all parties, and
their heirs, successors and assigns, having any right, title or interest in the Property (or any part
thereof).
SECTION 2. NO PUBLIC DEDICATION. Except as otherwise expressly provided
herein, nothing herein contained shall be deemed a gift or dedication of any portion of the
property described herein to the general public or for any public use or purpose whatsoever, it
being the intent of Declarant that this Declaration shall be strictly limited to and for the purposes
herein expressed, and shall be solely for the benefit of Declarant, the Association, the ARB and
all parties, and their heirs, successors and assigns, having any right, title or interest in the
Property (or any part thereof).
SECTION 3. NO WARRANTY. By accepting or approving anything required to be
observed, performed or fulfilled under this Declaration, neither the Association nor the ARB
shall be deemed to have warranted or represented the sufficiency, legality, effectiveness or legal
effect of the same.
SECTION 4 RULES OF CONSTRUCTION. This Declaration shall be liberally
construed to effectuate the intent of Declarant in creating a planned first class detached single
family community, in keeping with other such communities in the southeastern United States.
The words "hereof.. "herein," "hereunder," "hereto," and other words of similar import refer to
this Declaration in its entirety. The terms "agree" and "agreements" mean and include
"covenant" and 'covenants." The words "include" and "including" shall be interpreted as if
followed by the words "without limitation." The word "person' includes partnerships,
corporations, associations, entities and organizations. The captions and headings contained in
this Agreement are included herein for convenience of reference only and shall not be considered
a part hereof and are not in any way intended to define, limit or enlarge the terms hereof. All
references (a) made in the neuter, masculine or feminine gender shall be deemed to have been
made in all such genders, (b) made in the singular or plural number shall be deemed to have been
made, respectively, in the plural or singular number as well, (c) to this Declaration are to the
same as extended, amended, restated, supplemented or otherwise modified from time to time
unless expressly indicated otherwise, (d) to the Property, the Common Areas, the Lots or a Lot
shall mean all or any portion of each of the foregoing, respectively, and (e) to Articles, Sections
and Exhibits are to the respective Articles, Sections and Exhibits contained in this Declaration
unless expressly indicated otherwise. Capitalized terms used in this Declaration shall have the
meanings ascribed to them in Article I of this Declaration.

SECTION 5. EXHIBITS. Each and every exhibit referred to or otherwise mentioned in
this Declaration is attached to this Declaration and is and shall be construed to be made a part of
this Declaration by such reference or other mention at each point at which such reference or
other mention occurs, in the same manner and with the same effect as if each exhibit were set
forth in full and at length every time it is referred to or otherwise mentioned.
SECTION 6 SFVERABILiTY. If any term, covenant, condition or provision of this
Declaration, or the application thereof to any person or circumstance, shall ever be held to be
invalid or unenforceable, then in each such event the remainder of this Declaration or the
application of Such term, covenant condition or provision to any other person or any other
circumstance (other than those as to which it shall be invalid or unenforceable) shall not be
thereby affected, and each term, covenant, condition and provision hereof shall remain valid and
enforceable to the fullest extent permitted by law.
SECTION 7 NON -WAIVER. None of the terns or provisions of this Declaration may
be changed, waived, modified, discharged or terminated except by instrument in writing
executed by the party or parties against whom enforcement of the change, waiver, modification,
discharge or termination is asserted. Failure by any aggrieved party to complain of any action,
non -action or breach shall not constitute a waiver of any such parry's rights hereunder, and any
properly executed written waiver shall not constitute a waiver of any other right arising from a
subsequent breach of the same obligation or for any other Default, past, present or future. None
of the terms or provisions of this Agreement shall be deemed to have been abrogated or waived
by reason of any failure or failures to enforce the same.
SECTION 8. ENFORCEMENT. All rights, remedies, powers and privileges conferred
under this Declaration shall be cumulative and in addition to, but not restrictive of or in lieu of,
those conferred by law. Declarant the Association, the ARB, each Owner and their respective
heirs and/or successors and assigns shall have the right to enforce by any proceeding at law or in
equity, the covenants, conditions, restrictions and easements contained herein. No liability shall
be incurred by Declarant the Association, the ARB or any Owner for the failure to enforce any
right it may have under this Declaration.
SECTION 9 THIRD PARTIES Except as may otherwise be expressly provided herein,
all the covenants, conditions, restrictions and easements contained herein are solely and
exclusively for the benefit of Declarant, the Association, the ARB and each Owner, and no other
persons or entities shall have standing to require satisfaction of such provisions, and no other
person or entity shall, under any circumstances, be deemed to be the beneficiary of such
provisions.
SECTION 10 COSTS AND EXPENSES. In the event of any litigation arising under or
in connection with this Declaration, the prevailing party shall be entitled to recover from the
other party the expenses of litigation (including reasonable attorneys' fees, expenses and
disbursements) incurred by the prevailing party.
BOOK , �_ PAGE U(a _
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SECTION 11. TIME OF ESSENSE. Time is of the essence of this Declaration. If any
date set forth in this Declaration shall fall on, or any time period set forth in this Declaration
shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other non -business
day, such date shall automatically be extended to, and the expiration of such time period shall
automatically to be extended to, the next day which is not a Saturday, Sunday, federal or state
holiday or other non -business day.
SECTION 12 NOTICES. All notices, requests, consents, demands and other
communications required or which any party desires to give under or with respect to this
Declaration shall be in writing and shall be deemed sufficiently given or furnished if delivered
by personal delivery, by nationally recognized overnight courier service, or by certified United
States mail, postage prepaid, addressed to the party to whom directed. If such party is the ARB,
then at the address set forth herein or in a subsequently recorded instrument as provided for
herein. If such party is an entity, then at the address listed with the appropriate secretary of state
as the registered agent's address and at the address listed with such office as the principal
business address. Otherwise, then at the address of the relevant property and at the address
where the county tax collectors office sends the tax bill for such property. Any such notice or
communication shall be deemed to have been given either at the time of personal delivery or, in
the case of courier or mail, as of the date of first attempted delivery at the address and in the
manner provided herein; provided, however, that service of a notice required by any applicable
statute shall be considered complete when the requirements of that statute are met.
Notwithstanding the foregoing, no notice of change of address shall be effective except upon
actual receipt.
SECTION 13 BINDING DETERMINATION. In the event of any dispute or
disagreement with or between any Owner(s) relating to, or of any other disputes, disagreements
or questions regarding, the interpretation or application of the provisions of this Declaration or
the Articles or Bylaws, the determination thereof (i) by Declarant for so long as Declarant retains
control of the Association; and (n) thereafter by the Association Board shall be final and binding
on each and all such Owners; providing that any determination which directly or indirectly
affects Declarant shall require Declarant's prior consent to become binding upon Declarant.
SECTION 14. GOVERNING LAW. This Declaration shall be deemed to be made under,
and shall be construed in accordance with and shall be governed by, the laws of the State of
North Carolina, and any suit to enforce any provision hereof or to obtain any remedy with
respect hereto shall be brought in state court in county where the Property is located.
SECTION 15. DURATION OF DECLARATION. Unless modified or amended as
provided herein, this Declaration shall continue in full force and effect for a period of ninety (90)
years following the initial recordation of this Declaration, after which time this Declaration shall
be extended automatically for successive periods of ten (10) years unless terminated as of the
end of such initial period or as of the end of any renewal period by an affirmative vote of the
Owners to which at least seventy five percent (75%) of the votes in the Association are allocated
which is recorded in the county registry where the Property is located prior to such automatic
renewal.
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SECTION 16. MODIFICATION AND AMENDMENT. This Declaration may only be
amended by an instrument executed by the Owners to which at least seventy five percent (75%)
of the votes in the Association are allocated which is recorded in the county registry where the
Property is located; provided, however, that this Declaration may be amended or supplemented,
without Member approval, in the following instances: (a) by Declarant or the Association Board,
in any respect, prior to the sale of the first Lot; (b) by Declarant, to the extent this Declaration
applies to any property which has not yet been annexed into the Subdivision or which, by such
amendment or supplement, such property is annexed into the Subdivision; (e) by Declarant or the
Association Board, to correct any obvious error or inconsistency in drafting, typing or
reproduction; (d) to include any platting changes permitted herein; and/or (e) by Declarant or the
Association Board, to conform this Declaration or any portion of the Subdivision to the
requirements of any applicable law, any governmental agency or any lender. Notwithstanding
anything herein to the contrary, no amendments to this Declaration shall be made without
Declarant's written consent for a period of twenty (20) years after the initial recordation of this
Declaration in the county registry where the Property is located or which, either directly or
indirectly, singly or collectively, affect any rights of Declarant.
SECTION 17 PLANNED COMMUNITY AC'C. Whether or not the Subdivision now
or hereafter contains more than twenty (20) Lots, an election is hereby made that the Planned
Community Act as codified in Chapter 47F of the North Carolina General Statutes shall be
applicable to the Subdivision.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Declarant has executed this Declaration, under seal, as of the
day and year first above written.
UHF DEVELOPMENT, INC., a North
CaroliMoEAL]
By (SEAL)
Hubert G. Tolson, III
STATE OF NORTH CAROLINA
COUNTY OF (2 K �,,% >o_v
1, _ktlAro r s , the undersigned Notary Public in and for
the aforesaid County and State, do hereby certify that Hubert G. Tolson, III did personally appear
before me this day and certify that he is President of UHF DEVELOPMENT, INC., a North
Carolina corporation, and that he, as President, being duly authorized to do so, voluntarily
executed the foregoing instrument on behalf of said corporation for the purposes stated therein.
WITNESS my hand and official seal this \L*a� ' day of May, 2007.
[OFFICIAL SEAL] h0rn)�a.vr�
Notary public
My Commission Expires:��o-Qq
,AOTAgY
a/BLIC
31