SW8111206_CURRENT PERMIT_20200828

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 \ \ \ 20b
DOC TYPE
II] CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20200828
YYYYMMDD

ROY COOPER
Governor
MICHAELS.REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Director August 28, 2020 ErwarnenW Quality
Jesse L. Malpass, Director
Windermere Estates Homeowners Association, Inc.
846 Livingston Chapel Rd.
Delco, NC 28436
Subject: Permit Transfer
State Stormwater Management Permit No. SW8 111206
Windermere Estates PUD
Brunswick County
Dear Mr. Malpass:
On May 29, 2020, the Wilmington Regional Office received a complete request to transfer the ownership of the
state stormwater management permit under the provisions of 15A NCAC 02H.1045(1)(a). DEMLR staff has
inspected the project, reviewed the available documentation, and determined that the project is currently in
compliance with the terms and conditions of the state stormwater permit. By signing the Name/Ownership
Transfer form and Operation and Maintenance Agreement, you have accepted the responsibility for complying
with the terms and conditions outlined in this permit.
The Division is hereby notifying you that the subject permit has been transferred on August 28, 2020.
A copy of the transferred and updated permit and associated documents are enclosed. Please note that this
transferred, updated, and re -issued permit does not impose new or different terms; it merely restates and clarifies
some of the previous terms to provide you with a better understanding of your obligations under the permit.
This permit shall be effective from the date of issuance until February 6, 2028, which includes all available
extensions. The project shall be subject to the conditions and limitations as specified therein and does not
supersede any other agency permit that may be required. Failure to comply with these requirements will result in
future compliance problems. Please note that this permit is not transferable except after notice to and approval by
the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of
this permit and is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAR). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAR 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 or need additional copies of documents, please contact Steve Pusey in the Wilmington
Regional Office, at [phone] or [e-mail].
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
Pennit Transfer Application Form & Certification letter
Signed and approved Operation & Maintenance Agreement
DES/ sgp: \\\Stormwater\Permits & Projects\2011\1 11206 HD\2020 08 permit 111206
cc: GO Property Management, LLC, Gary Owens, President
Justin Bishop, PE — Malpass Engineering & Surveying, PC
Wilmington Regional Office Stornwater File
®� :> North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
MFIXf�I yFtI.W
910.796.7215

State Stormwater Management Systems
Permit No. SW8 111206
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND 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
Windermere Estates Homeowners Association, Inc.
Windermere Estates PUD
Mt. Misery Rd., Leland, Brunswick County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the
"stormwater rules') the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Energy, Mineral and
Land Resources (hereafter referred to as the Division or DEMLR) and considered an enforceable part
of this permit.
This permit shall be effective from the date of issuance until February 6, 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. The subdivision is permitted for 76 lots, each allowed a maximum of 3,700 square feet of built -
upon area (BUA).
3. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.7 of this permit. The runoff from all built -upon area within the permitted
drainage area(s) of this project must be directed into the permitted stormwater control
measure(s). The stormwater control measure has been designed to handle the runoff from
507,204 square feet of impervious area.
4. The maximum built -upon area (BUA) allowed for the entire subdivision is 507,204 square feet.
5. The drainage area(s) will be limited to the amount of built -upon area(s) indicated in Sections
1.3 and 1.7 of this permit, and per the approved plans. The built -upon area for the future
development is limited to 16,440 square feet and is included in the total BUA listed above.
Page 1 of 8

State Stormwater Management Systems
Permit No. SW8 111206
A 50' wide vegetative buffer must be provided and maintained adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the
top of bank of both sides of streams and rivers and the mean high water line of tidal waters.
The following design criteria have been permitted for the wet detention pond and it must be
provided and maintained at the design condition.
a. Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
b. Total Impervious Surfaces, ft2:
Lot BUA, ft2:
Onsite Streets, ft2:
Onsite Sidewalks, ft2:
Other Onsite, ft2:
Future, ft2:
Offsite, ft2:
C. Average Pond Design Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Permitted Temporary Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL:
j. Predevelopment 1 yr-24 hr. discharge rate, cfs:
k. Controlling Orifice:
I. Orifice Flowrate, cfs
m. Permanent Pool Volume, ft3:
n. Forebay Volume, ft3:
o. Maximum Fountain Horsepower:
p. Receiving Stream / River Basin:
q. Stream Index Number:
r. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
21.66
752,804
190,589
507,204
281,200
66,663
14,650
2,600
16,440
125,651
5.5
90%
1.5"
91.5
40,205
85,979
93.3
12.15
4"Q pipe
0.31
162,770
35.019
% HP
Indian Creek / Cape Fear
18-70
"C; Sw"
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately. If the stormwater system is used as an Erosion Control device, it
must be restored to design condition prior to operation as a stormwater treatment device, and
prior to occupancy of the facility. 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.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 111206
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.
In. Other modifications as determined by the Director
3. The following deed restrictions and protective covenants related to stormwater management
have been recorded in Book B4310 on Pages 874-876 with the Brunswick 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 111206, as issued by the Division of
Energy, Mineral and 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.
f. The maximum built -upon area per lot is 3,700 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 from the built -upon areas on the lot must drain into the permitted system. This
may be accomplished through providing roof drain gutters, which drain to the pond or
street, grading the lot to drain toward the street or directly into the pond, or grading
perimeter swales and directing them into the pond or street.
h. Built -upon area in excess of the permitted amount will require a permit modification.
I. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters,
measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of each side of streams and rivers and the mean high water
line of tidal waters.
j. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is subject
to enforcement procedures as set forth in G.S. 143, Article 21.
4. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, the signature of the Permittee, the deed book number and page, and
the stamp/signature of the Register of Deeds.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 111206
5. If permeable pavement BUA credit is desired, the permittee must submit a request to modify
this permit to incorporate such language as required by the Division. The request to modify
must include a proposed amendment to the deed restrictions and protective covenants for the
subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table
elevation and the infiltration rate. Upon the successful completion of a permit modification, the
individual lot owners that request to utilize permeable pavements shall submit the necessary
forms and documentation to the permittee, or a designated agent, and receive approval prior
to construction of the permeable pavement.
6. The permittee shall review all lot plans for new construction and any subsequent modifications
and additions, for compliance with the conditions of this permit. The permittee shall not
approve any lot plans where the maximum allowed built -upon area has been exceeded, or
where revisions to the grading or to the storm drainage system are proposed unless and until
a permit modification has been approved by the Division.
The permittee is responsible for the routine monitoring of the project for compliance with the
built -upon area limits, grading, and the storm drainage system established by this permit, the
permit documents, the approved plans, and the recorded deed restrictions. The permittee shall
notify any lot owner that is found to be in noncompliance with the conditions of this permit in
writing, and shall require timely resolution.
8. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at design condition. The
approved Operation and Maintenance Agreement is incorporated by reference into this permit
and must be followed in its entirety and maintenance must occur at the scheduled intervals.
Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
10. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will
be allowed in the stormwater treatment system, subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
C. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent pool
volume. The maximum pump power for a fountain in this pond is 3/4 hp.
11, The facilities shall be constructed in accordance with the conditions of this permit, the
approved plans and specifications, and other supporting data.
12. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must
be noted on the Certification. A modification may be required for those deviations.
13, All stormwater collection and treatment systems must be located in either public rights -of -way,
dedicated common areas or recorded easements. The final plats for the project will be
recorded showing all such rights -of -way, common areas and easements, in accordance with
the approved plans. Access to the stormwater facilities for inspection and maintenance shall
be maintained via appropriate recorded easements at all times.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 111206
14. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved
plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project area. The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought.
d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
e. The construction of any future BUA listed on the application.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel.
The project and the stormwater facility must be in substantial compliance with all permit
conditions. Any items not in substantial compliance must be repaired, replaced or restored to
design condition prior to the transfer. Records of maintenance activities performed to date may
be required.
16. 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.
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the Stormwater rules is subject to enforcement procedures as set forth
in NCGS 143 Article 21.
2. The permittee grants DEMLR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater management
facility.
3. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal) having jurisdiction.
In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate
corrective action, including those as may be required by this Division, such as the construction
of additional or replacement stormwater management systems. Additional or replacement
stormwater management systems shall receive a permit from the Division prior to construction.
The permittee is responsible for compliance with all permit conditions 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.
6. Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 111206
Permit Transfer: 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 Homeowners 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;
8. 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.
Approved plans, calculations, supplement forms, operation and maintenance agreements and
specifications for this project are incorporated by reference and are enforceable parts of the
permit. A copy of the approved plans and specifications shall be maintained on file by the
Permittee at all times.
10. Unless specified elsewhere, permanent seeding requirements for the stormwater control
measure must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
11. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,
rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and
NCGS 143-215.1 et.al.
12. 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 revised, transferred, and reissued this the 27th day of August 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 111206
Page 6 of 8

Operation & Maintenance Agreement
Project Name:lWindermere Estates PUD
Project Location:lCassadine Court
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set locatio
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 & c(
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:
O&M tables will
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
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:
Signature:
Jesse L. Malpass
Director, Windermere Estates Homeowners Association, Inc.
846 Livingston Chapel Road
Delco, NC 28436
910-655-2852
[e-mail]
Date: /, R- — 2 U
1, C,r14, a Notary Public for the State of (101rAA1%
County of S do hearby certify that S' sSc 0-'Iptss s
personally appeared before me this day of cSC✓ LY—r./, 20 ZU and
acknowledge the due execution of the Operations and Mainten nce Agreement .
Witness my hand and official sea
ni
HEgf
y0 '
lJ� rl
Notary Public u+
Columbus County
CARO�'\�P�``\
cater m ,
My commission expires
- ti - Z 3
ECEI rJ E
MAY 2 9 2020
B f.
STORM-EZ
Version 1.4
0&M Manual
2/26/201 g
Page 1 of 4

L,
_
.T

Wet Detention Pond Maintenance Requirements
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures:
Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the
basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
basin.
If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event
greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potential problem:
How I will remediate the problem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the BMP
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed.
ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of approximately six inches.
long.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or
Remove sediment and replace with clean stone.
covered in sediment (if
applicable).
The forebay
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where 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 2/26/2019
Version 1.4 O&M Manual Page 2 of 4

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.
STORM-EZ 2/26/2019
Version 1.4 0&M Manual Page 3 of 4

Wet Detention Pond Design Summary
' Wet Pond Diagram
WET POND ID FOREBAY MAIN POND
Wet Pond #1 Permanent Pool El. 91.5 Permanent Pool El. 91.5
Temporary Pool El : 93.3 Temporary Pool El: 93.3
Pretreatment otherPN
o Clean Out Depth: 3 Clean Out Depth: 8.5
than forebay? Sediment Removal El: 88.5 Sediment Removal El: 83.
Has Vag. Filter? o Bottom Elevation: 87.5 Bottom Elevation: 82
STORM-EZ 2/2612019
Version 1.4 O&M Manual Page 4 of 4

Permit Number: -'5x&g"&/)
(to be provided by DWO)
Drainage Area Number: )
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
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):
Q does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
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 inspect
within 24 hours after every storm event greater than 1.0 inche 5'inches r r
Coastal County). Records of operation and maintenance should be kept; ua,kn%twn
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are of u s11<
be repaired immediately.
BMP element:
Potentialproblem:
How t will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
erosive gullies have formed.
remove the gully, and then plant a
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
long.
approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4 Page l of 4

Permit Number: Sw 8 11 12D G
(to be provided by DWQ)
Drainage Area Number: 1
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
swale
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the Swale if necessary to
swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible. Remove the sediment and
sediment storage.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
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
show that pruning is needed
practices
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. 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.
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible. Remove the sediment and
storage depth,
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4

Permit Number: S'w O 11 I z o 6
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
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 Division of
damage have occurred at the
Water Quality Regional Office, or
outlet.
the 401 Oversight Unit at 919-733-
1786.
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 83 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads 88.5 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom Elevat
BASIN DIAGRAM
(fill in the blanks)
V
Permanent Pool Elevation 91.5
88.5 Pe manen Pool
volume
Sediment Removal Elevation 83
volume
87.5 ft Min.
----------------- -------------
------
Sediment
Bottom Elevation 82
1-ft
Storage
Sedimei
Storage
FOREBAY
MAIN POND
Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4

Permit Number: ! 'wF 1 / l ZD 6
(lo be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the 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.
Projecl name: Windermere Estates PUD
BMP drainage area number:
Print name: Jesse Lee Malpass (TimberLind. Inc.)
Title: President
Address: 846 Livingston Chapel Rd. Delco, NC 284J6
Latc. O it / /
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
1, NA" EI-LEhI a Notary Public for the State of
N01Z1lj CARau,uA , County of N ENJ H8Nc)V 72 , do hereby certify that
3ESSE lee MALPASS personallyappearedbeforemethis—
day of AU6u$7- , 7011 , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
SEAL
My commission expires Db /2S/Zo/ Z
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4

UtMLK UJt UNLY
Date Received
Fee Paid
Permit Number
5
2 0
�
S
lff2o6
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at., http://deg.nc.00v/contact/reoional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until.
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager,(Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor,
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 111206 Modification
2. Project name: Windermere Estates PUD
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
MAY 2 9 2020
BY:_
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018

B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
® 1, Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration,
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part D below).
In accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur,
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
[MAY
CEI l�9 E
2 9 2020
B_
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018

C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark X' if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part 8, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part 8, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
: CCE"fE
MAY 2 9 2020
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018

D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email.
1. Current Permit Holder's Company Name/Organization: TimberLind, Inc.
2. Signing Official's Name: Jesse L. Maloass
3. Signing Official's Title: President
4. Mailing Address: 846 Livingston Chapel Rd
City: Delco State: NC ZIP: 28436
5. Street Address: 846 Livingston Chapel Rd
City:
NC ZIP: 28436
6. Phone: (910) 655,2852 Email: iessemalpass(a)bellsouth.net
I, Jesse L. Malpass , the current permittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
® the most recent permit;
® the designer's certification for each SCM;
® any recorded deed restrictions, covenants, common areas, drainage easements or plats,
❑ the approved plans and/or approved as -built plans,
® the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report,
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be approved by the
/JDEMLR unless and until the facility is in compliance with the permit.
Signature: Date: /— '25- — Z V
I, l �risr(///o0hu E'• ��o� �i S a Notary Public for the State of
iJor C',.-ol J , County of CJU^%0J S , do hereby certify
that N C_tPE sS personally appeared before me
this the `6 day of �c Qc.ry 20LC-) , and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal
(Notary Seal) \\\\,\O\N\�Il III c,10PNF�''/0,.
t� O ?
Notary
commission a fires i�`ZcO umb s OOon N=
y ;o
-�
"'' y CA R OIy�P�`��.
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018

✓�' ; 4 •v'''�
,� ..
,;�:• =
:�
`� ii
r,�
���: ..
`�.
f „"
�\
�: lr
i

E: PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
❑ Property owner (Also complete Part F.)
® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
❑ Corporation, LLC, Partnership, Municipality name:
® HOA / POA / UOA name: Windermere Estates Homeowners Association. Inc.
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name:
b. Signing Official's Title: Director
c. Mailing Address: 846 Livingston Chapel Road
City:
d. Street Address: 846 Livingston Chapel Road
City:
e. Phone: [phone] Email: iessemalpass(dbellsouth.net
NC ZIP : 28436
NC —ZIP: 28436
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name: GOProperty Management. LLC
b. Contact Name: Gary Owens Title: President
c. Mailing Address: 1908 Eastwood Road, Suite 321
d. City: Wilmington State: NC ZIP: 28403
e. Phone: [phone] Email: gary.owensCd)gopropertymgt.com
ECEI E
MAY 2 9 2020
BY
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018

F. PROPOSED PERMITTEE CERTIFICATION
I, Jesse L. Malpass , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
® the most recent permit;
® the designer's certification for each SCM;
® any recorded deed restrictions, covenants, common areas, drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
® the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a "plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written 'plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the
approved plans; and I will (construct), operate and maintain the approved stormwater management system
pursuant to the requirements listed in the permit and in the operation and maintenance agreement.
Signature: ,9 Date: J—R^— ZIJ
I, ey.r,:I& ot,�r /1o11f5 a Notary Public for the State of AjaAi, C.-roj , ,t
County of ec j,) MtOJ S do hereby certify that S�sS� M� jrx SS
personally appeared before me this the day of 5GnLd car ,i 2010, and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signatur,r
My commission Tres
pP H EIR F rIly
�N Or
U L
Notary Publlc
Columbus County c
'.�O
Ty CARD'',\\\\
/"1111l 1111w0\�
JECE®iv� ZI
11
MAY 2 9 2020
BY._ j
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018

r \, . � �
``r.�
�. ,
�. _. _
- r� 4:
�� .\
i � w.
' .. rli f� �I�\
C
�i

G. PROPERTY OWNER INFORMATION AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organization:
Signing Official's Printed Name:
Signing Official's Title:
Mailing Address:
City:
Phone: (_) Email:
ZIP:
I, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21.
Signature of the property owner
my hand and official seal,
(Notary Seat)
Notary Signature
My commission
Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
20 , and acknowledge the due execution of the forgoing instrument. Witness
MAY 2 9 20 q p
BY• �D
Stormwater Permit Transfer Application Form Page 7 of 7
April 27, 2018

k
Permit No_k ///`Do
(to be provided by DINO)
�F W A 7!' 'q
TA
NCDENR o
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Pad 111) must be printed, filled out and submitted along with all of the required information.
I.PROJECT INFORMATION
Project name
Windermere Estates PUD
Contact person
Jeff Malpass
Phone number
910-392-5243
Date
11/1612011
Drainage area number
1
111. DESIGNINFORMATION.,
Site Characteristics
Drainage area
943,393 ft3
Impervious area, post -development
507,204 ftz
%impervious
53.76 %
Design rainfall depth
Storage Volume: Non -SA Waters
Minimum volume required
Volume provided
Storage Volume: SAWaters
1.5• runoff volume
Pre -development 1-yr, 24-hr runoff
Post -development 1-yr, 24-hr runoff
Minimum volume required
Volume provided
Peak Flow Calculations
Is the pre/post control of the lyr 24hr storm peak flow required?
1-yr, 24-hr rainfall depth
Rational C, pre -development
Rational C, post -development
Rainfall intensity: 1-yr, 24-hr storm
Pre -development 1-yr, 24-hr peak flow
Post -development 1-yr, 24-hr peak flow
Pre/Post 1-yr, 24-hr peak flow control
Elevations
Temporary pool elevation
Permanent pool elevation
SHWT elevation (approx. at the pen. pool elevation)
Top of 10ft vegetated shelf elevation
Bottom of 10ft vegetated shelf elevation
Sediment cleanout, top elevation (bottom of pond)
Sediment cleanout, bottom elevation
Sediment storage provided
Is there additional volume stored above the state -required temp. pool?
Elevation of the top of the additional volume
Form SW401-Wet Detention Basin-Reva-9/17/09
1.5 in
62,964 ft3
85,979 ft3
ft3
ft3
ft3
ft3
It
Y (Y or N)
OK
OK, volume provided is equal to or in excess of volume required.
3.8 in
0.15 (unitless)
0.58 (unitless)
4.69 irdhr OK
12.15 ft3/sec
47.01 113/sec
34.86 fti/sec
93.30 fmsl
91.50 fmsl
91.49 8 92.71 fmsl
92.00 fmsl
91.00 fmsl
83.00 fmsl
82.00 fmsl
1.00 ft
N (Y or N)
first
SH1CARp/�i��
0.
ao SEAL 9it':
0036232
DEC 0 7 2011
Parts I. 811. Design Summary, Page 1 of 2

Permit No. w ? 1 11 Z.0 G
fee; be provided by DWO
II. DESIGN INFORMATION—,
Surface Areas
Area, temporary pool 53,241 fl
Area REQUIRED, permanent pool
32,090 ft?
SAIDA ratio
3.40 (unitless)
Area PROVIDED, permanent pool, A
40,205 ft`
OK
Area, bottom of 1 Oft vegetated shelf, Ab,, ,�„ y
34,763 ft`
Area, sediment cleanout, lop elevation (bottom of pond), Abo,.a
9,239 ft`
Volumes
Volume, temporary pool
85,979 ft'
OK
Volume, permanent pool, Vpd, .
162,770 ft'
Volume, forebay (sum of forebays if more than one forebay)
35,019 ft3
Forebay %of permanent pool volume
21.5% %
OK
SAIDA Table Data
Design TSS removal
g0
Coastal SAIDA Table Used?
Y (Y or N)
Mountain/Piedmont SAIDA Table Used?
N (Y or N)
SAIDA ratio
3.40 (unitess)
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
N (Y or N)
Volume, permanent pool, vo.- y
162,770 ft'
Area provided, permanent pool, A..
40,205 Ill
Average depth calculated
It
Need 3 It min.
Average depth used in SAIDA, d., (Round to nearest 0.5ft)
It
Calculation option 2 used? (See Figure 10-21h)
Y (Y or N)
Area provided, permanent pool, APo,,,,-rov
40,205 ft
Area, bottom of loft vegetated shelf, Aw mar
34,763 If
Area, sediment cleanout, top elevation (bottom of pond), Ayory,,
9,239 tC
"Depth" (distance b/w bottom of loft shelf and top of sediment)
8.00 It
Average depth calculated
5.52 ft
OK
Average depth used in SAIDA, d., (Round to nearest O.5ft)
5.5 It
OK
Drawdown Calculations
Drawdown through orifice?
Diameter of orifice (if circular)
Area of odfice (if -non -circular)
Coefficient of discharge (Co)
Driving head (Ha)
Drawdown through wen?
Weir type
Coefficient of discharge (C..)
Length of weir (L)
Driving head (H)
Pre -development 1-yr, 24-hr peak flow
Post -development 1-yr, 24-hr peak flow
Storage volume discharge rate (through discharge orifice or weir)
Storage volume drawdown time
Additional Information
Vegetated side slopes
Vegetated shelf slope
Vegetated shelf width
Length of flowpath to width ratio
Length to width ratio
Trash rack for overflow 8 orifice?
Freeboard provided
Vegetated filter provided?
Recorded drainage easement provided?
Capures all runoff at ultimate build -out?
Drain mechanism for maintenance or emergencies is:
Y (Y or N)
4.00 in
in2
0.60 (unitless)
0.54 It
N (Y or N)
(unitless)
(unitless)
It
If
12.15 ft3lsec
47.01 ft3lsec
0.31 ft/sec
2.35 days
3 :1
10 :1
10.0 If
3 :1
3.5 :1
Y
(Y or N)
4.2 If
N
(Y or N)
Y
(Y or N)
Y
(Y or N)
PUMP
OK, draws down in 2-5 days.
OK ! \ 7jJD
OK
OK L,. 0 7 ctJ11
OK
OK
OK I
OK
OK
OK
OK
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Parts I. a If. Design Summary, Page 2 of 2

Permit No.Sw g 111 2 06
(to be provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Page/ Plan
'als
Sheet No.
j
1. Plans (1" - 50' or larger) of the entire site showing:
- Design at ultimate build -out,
- Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Basin dimensions,
- Pretreatment system,
- High flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Overflow device, and
- Boundaries of drainage easement.
JBM►
3
2. Partial plan (V = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filter strip.
R A
3
3. Section view of the wet detention basin It" = 20' or larger) showing:
- Side slopes, 3:1 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
�Irl
3
4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
see pro.tier)
on the plans prior to use as a wet detention basin.
pN�
JBm
c41041460
5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for Forebay,
to
JBm
See provAil
verify volume provided.
114hve
6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
rro prgJ4
entire drainage area is stabilized.
J pnl
q cw 4i1erJ
7. The supporting calculations.
J��
see Pre+:ded
4gtYzmg4t
8. A copy of the signed and notarized operation and maintenance (O&M) agreement.
�p�
see prorr:ded
see
9. A copy of the deed restrictions (if required).
pra:ded
Y"rt 10.
A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soil
n.
Utz 0 7 'Ml
Form SW401-Wet Detention Basin-Rev.8-9/17/09 Part III. Required Items Checklist, Page 1 of 1

High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Jesse Lee Malpass (TimberLind, Inc.) , 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 intende to ensure ngoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality under the
Stormwater Management Regu atlon .
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
1-51 33,700 see attachment
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.
7allimp7erv�ious
.TV"EI.�7. Each lot will maintain a 30** foot wide vegetated buffer between areas an surface
waters. 9 tUn**50 foot for projects located in the 20 coastal counties._ —
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Form DRPC-3 Rev.2 05Nov2009 Page t of2

61
High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
a Notary Public in the
State of N01erH CARoiiNR , County of Al-cW aV—QVb"R
do hereby certify that dt55E LCE MfI LPRSS personally appeared
before me this the 8 day of AL)6 V S 7- 20 V) , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
�
r
Si
a�t1r
My Commission expires O6/Z5-1 of Z
SEAL
SUE A/r�'�i�i
�40rg9� a^
�Z m_
TI- GBLIG
s �
ti
'wit,
R 1 O ```o"'
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2

Windermere Estates PUD
Maximum. Built Upon Areas
a l Lot 9 Max. BUA in sq.ft. (per lot)
�- 201. 204, 205, 207, 208, 211, 212, 215,
2 0 216, 219, 220, 223, 224, 227, 228, 232,
233. 235. 236. 242 2,422
202, 203, 206, 209, 210, 213, 214, 217,
2ti 218.221. 222, 225, 226, 229, 230, 231,
234, 237, 238, 239, 240, 241 2,750

200
it I III I I II I IIIII IIII II IIII III IIIII III 84310 Clemm �s-362 PROP
Brunswick County. NC Register of Deeds Page 1 of 3
rM
w:n IIIYN°otal ev Int.
AY 2 9 2020 :k $ yX _ Ck # L I: _Cash $
refund__ Cash $_ Finance_
BY' Portions of document are illegible due to condition
of nr pRI.
ULx:UnlPni Contains seals verified by original
instrtxnynt thai cannot ue reproduced or copied.
AMENDED
DECLARATION, OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
WINDEMERE ESTATES
This Amended Declaration of Covenants, Conditions and Restrictions, made as of the I"
day of January 2020, by TIMBERLIND, INC., a North Carolina corporation, hereinafter
referred to as "Declarant', for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant has recorded a Declaration of Covenants, Conditions and
Restrictions (the "Declaration") for Windemere Estates (the "Development") in Book 3932, Page
75, Brunswick County Registry (all capitalized terms not otherwise herein defined shall have the
meaning set forth in the Declaration); and
WHEREAS, the Declaration contains provisions dealing with stormwater management
which differ slightly from the requirements of NC Department of Environment and Natural
Resources Stormwater Management Permit SW8111206 (the "Permit'); and
WHEREAS, Article VI, Section 4. F. of the Declaration permits its amendment by the
Declarant, without HOA Member approval, to conform its terms to the requirements of any law
or governmental agency having legal jurisdiction over the Development.
NOW, THEREFORE, Declarant declares that Sections 2 and 3 of Article XI of the
Declaration are amended to read as follows:
Section 2. Enforcement of Storm Water Runoff Enforcement of Storm Water Runoff Relations.
(a) The Subdivision is permitted for 76 Lots and the Maximum allowable Built -Upon
Area per Lot is 3,700 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 street pavement. The term "Built -Upon Area" includes but is not limited to:
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, parking areas, but does not

2020
IIIIII III (IIII IIII I IIII II IIIII III Bren a M. Clemons 1-36 PROP
Brunswick County, NC Register of Deeds page 2 of 3
include raised open wood decking or the water surface of swimming pools.
(b) Each Lot will maintain a 30-foot wide (50 foot for projects located in the 20 coastal
counties) vegetated buffer between all impervious area and any surface waters.
(c) All roof drains shall terminate at least 30 feet from the mean highwater mark of any
surface waters..
(d) The covenants contained in this Section 2 are intended to ensure ongoing compliance
with North Carolina Stormwater Management Permit No. SW8111206, as issued by the Division
of Energy, Mineral and Land Resources under the Stormwater Management Regulations, and
may not be altered or rescinded without the express written consent of the State of North
Carolina Division of Energy, Minerals and Land Resources. Alteration of the drainage as shown
on the approved plan may not take place without the concurrence of the Division of Energy,
Minerals and Land Resources.
(e) The covenants contained in this Section 2 shall run with the land and be binding on all
persons and parties claiming under them. The State of North Carolina is made a beneficiary of
these covenants to the extent necessary to maintain and enforce compliance with the stormwater
management permit and regulations.
(f) All runoff from the, built -upon areas on a 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.
Section 3. Allocation of Build -Upon Areas. Declarant reserves the right to impose
additional restrictions upon the Property as and to the extent required by the terms of the
Stormwater Management Permit applicable to Windermere Estates or any portion thereof issued
by the State of North Carolina Division Energy, Minerals and Land Resources. Such additional
restrictions may be imposed by Declarant by the recording of a Supplemental Declaration, and
no joinder or consent of the Association or any other owner or person shall be required for such
Supplemental Declaration.
Declarant further reserves the right, in its sole discretion, as the Stormwater Management
Permit is modified, to recalculate and re -designate maximum built upon areas as set forth in this
Declaration, provided such recalculations and re -designations are in compliance with the
Stormwater Management Permit applicable to Windermere Estates. In addition, if any property
as finally constructed does not use its allocated built upon area, Declarant shall have the sole
right to reclaim such excess allotment and reallocate it to remaining properties pursuant to an
amendment to the Declaration in its sole discretion.
No party shall apply for or obtain any stormwater management permit applicable to any
portion of Windermere Estates without the prior written consent of Declarant (which may be
granted or withheld in Declarant's sole and absolute discretion). Except in the specific event of
-2-
EAViidodielwy SMnSynolShKWIINT.RVArX MMEnelesAnwded Ded"lon Slon larClew.Ox

Brunswick County, NC Register
14310 P0616 z6:36z001
Brenda M. Clemmons PROP
of Deeds page 3 of 3
Declarant's consent (if applicable) in accordance with the foregoing sentence, it is the intent of
Declarant and this Declaration that all such permits are to be in the name of Declarant until such
time as Declarant elects to assign them to the Association as provided herein.
AS HEREBY CHANGED, the Declaration and Amendments remain in full force and
effect.
IN WITNESS WHEREOF, Declarant has caused this instrument to be signed in its
corporate name by its Vice President pursuant to authority of its Board of Directors, as of the day
and year first above written.
TIMBERLIND, INC.
By: fit° ra
Jeffrey B. Malpass, Vice President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public, certify that Jeffrey B. Malpass
personally came before tridthil day and acknowledged that he is Vice President of Timberlind,
Inc., a corporation, and that he in that capacity, being authorized to do so, executed the foregoing
on behalf of said corporation.
Witness my hand and seal, this the day of J a 2020
My commission expires: 15'l0-dot
(SEAL) Notary Public
ENpTARY WB �Y
yEW �O� CO�►►'�' �
-3-
E:1Yctodaft ShenSyrnlShercdl\WfJ%VWXIWnemEewteeWnended Dedmetbn Stamwetmawm. oc

IIII IIIIIIII II II IIIIIIII IIIIII I III III Brenda s 2010
,120P
83932 P0L75 7-4-aa
Brunswick County, NC Register of Deeds M. Cle Monpage 1 26
Drawn by and return to:
Hogue Hill, LLP
P.O. Drawer 2178
Wilmington, NC 28402
Parcel: 01600024
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK .
Presenter �' U� ' ,._ l I let;
i3 ✓ e Total 10 Rev I nt.�
Ck$ N j�—Ck#UJ(AOCash$
Refund: Cash $ _ Finance
❑ Portions of document are illegible due to condition
of original.
Cl Document contains seals verified by original
!�, " merit that cannot be reproduced or copied.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR
WINDERMERE ESTATES,
A PLANNED COMMUNITY
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND
RESTRICTIONS made this the t day of 2017, by TIMBERLIND, INC.,
a North Carolina Corporation with offices located at 2844 Livingston Chapel Road, Delco, NC
28436, the "Declarant' for the purposes hereinafter stated;
WITNESSETH:
That whereas Declarant is the Owner of certain real property in Brunswick County described
as follows: Being all of that 18.28 acres, more or less as shown on a map entitled "Map for Jessie
Malpass" dated August of 2003, prepared by Hanover Design Services, P.A., said map is recorded in
Map Book 28, Page 479, Brunswick County Registry and is incorporated herein by reference for
more particularity of description (the "Property"); and
That Declarant intends to develop the Property into a residential development to be known as
WINDERMERE ESTATES that will be developed in phases and will eventually consist of
approximately 76 detached single family dwellings, and;
Whereas, Declarant desires to subject the Property to these protective covenants and form an
EC EIVE
MAY 2 9 2020
BY

07-14-27
II IIII I IIII I I II I IIIIII II I I III (IIII III a3s3z p00Ts 018
Z01PROP
Brunswick County, NC Register of Deeds page 2 of 26
association of owners within Windermere Estates to provide for, among other things, the
preservation of the property values and the desirability and attractiveness of the real property in
Windermere Estates and to provide for the establishment and the continued maintenance of the
Common Areas, the Limited Common Areas and the lawn Maintenance and Landscape of Common
Areas and Limited Common Areas (as defined below) in Windermere Estates.
Now therefore, Declarant declares that the Property shall be held, sold, and conveyed subject
to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina
General Statutes (the "Act'), as well as the following easements, restrictions, covenants, and
conditions. These protective covenants shall be binding on and shall inure to the benefit of all parties
having any right, title or interest in the properties or any part thereof, their heirs, successors, and
assigns.
ARTICLE I
DEFINITIONS
Section 1. "Act" shall mean the North Carolina Planned Community Act enacted under
Chapter 47F of the North Carolina General Statutes, as amended.
Section 2. "Articles" shall mean the Articles of Incorporation of the Association as filed
with the Secretary of State, State of North Carolina, as the same may be from time to time amended.
Section 3. "Association" shall mean and refer to WINDERMERE ESTATES
HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit corporation, its successors and
assigns.
Section 4. `Board" or `Board of Directors" shall mean those persons elected or
appointed and acting collectively as the board of directors of the Association.
Section 5. "Bylaws" shall mean the document for governance of the Association as
adopted initially by the Board and as amended by the Members.
Section 6. "Common Areas" shall mean all real property, owned by the Association for
the common use and enjoyment of the Owners and Members of the Association.
Section 7. "Common Elements" shall mean any improvements constructed on the
Common Areas for the common use and enjoyment of the Owners and Members of the Association.
The Common Areas and the Common Elements shall jointly be referred to as the Common
Properties.
Section 8. "Common Expenses" shall mean and include:

IIIIII IIIIII I III IIIIII II i l lllll 111 111 93932 a0077 ons 271 BrunPROP
swlek County, MC Register of Deeds page 3 of 26
(a) Expenses for maintenance of the roads, streets, stormwater management
facilities, rights of way and any amenities that may be provided in this Declaration;
(b) Expenses of administration, maintenance, repair, or replacement of the
Common Properties;
(c) Expenses declared to be common expenses by the provisions of the Act, this
Declaration or the Bylaws;
(d) Hazard, liability, or such other insurance premiums as the Act, the
Declaration or the Bylaws may require the Association to purchase; or as the
Association may deem appropriate to purchase;
(e) Ad valorem taxes and public assessment charges that may be lawfully levied
against Common Properties;
(f) The expense of the maintenance of private stormwater management, drainage
and utility easements and facilities located therein which are within the boundaries of
the Property;
(g) The expense of maintenance of any roads, streets, easements, amenities, taxes
or any other expense item associated with Property or amenities not located on the
Property but permitted to be used by the Members of this Association by any
adjoining landowner, association or other entity pursuant to any cross -access or other
agreement by the Association with the adjoining land owner;
(h) Expenses for maintenance of security devices or personnel; and,
(i) Expenses for the maintenance of pedestrian easements as may be shown on
the recorded map of the Property, and as may be required by this Declaration;
0) Expenses of assessments of any other owners association, council or group
which by virtue of this Declaration or any agreement between the Association and
any other owners association, council or group may be imposed on the Association or
the members of the Association for maintenance of any of the Common Properties
within the Property by the other association or for security or maintenance of roads,
streets and Common Properties outside the bounds of the Property, including security
installations and security personnel so long as the same benefits the Members of this
Association; and,
(k) Any other expenses determined by the Board or approved by the Members to
be common expenses of the Association.

07 14 2017
Brunswick County, NC R��������r 63931dP0078eMons PROP
Section 9. . "Declarant" shall mean and refer to TIMBERLIND, INC., a North Carolina.
Corporation, or its successors and assigns, to whom the rights of Declarant hereunder are expressly
transferred in whole or in part, and subject to such terms and conditions as Declarant may impose.
Section 10. "Limited Common Properties" shall mean those portions of the Common
Properties that serve only a single Lot or a limited number of Lots, and which may include, but
specifically is not limited to, driveways, walkways, parking areas or areas serving only specified
Lots, and such other similar areas as may be designated by a subdivision map or the Property or by
the Association.
Section 11. "Lot" shall mean and refer to any plot or tract of land shown upon any
recorded subdivision map of the Property, as such map or maps may be from time to time be
amended or modified, for detached single-family residential use and designed for separate ownership
and occupancy.
Section 12. "Member" shall mean and refer to every person or entity who holds
membership in the Association.
Section 13. "Membership" shall mean and refer to the rights, privileges, benefits, duties,
and obligations, which shall inure to the benefit of and burden each Member of the Association.
Section 14. "Notice" required to be given herein shall be in writing and mailed by U.S.
mail, postage prepaid, first class to the address of the Association or of any Member on the records
of the Association or shall be hand delivered to the Association or the Member.
Section 15. "Owner" or "Lot Owner" shall mean and refer to the record owner, whether
one or more persons or entities, of a fee simple title to any Lot which is part of the Property,
including contract sellers, but excluding those having such interest merely as security for the
performance of an obligation. Record ownership of any Lot shall make the Owner thereof a Member
of the Association.
Section 16. "Planned Community" shall mean the Property any Additional Property, and
all portions thereof, which the Declarant has submitted or may later submit to the terms, covenants,
conditions, easements and restrictions of this Declaration, as contemplated by Section 47F- 1 -103(23)
of the Act.
Section 17. "Property" shall mean and refer to that certain real property described as "Map
for Jessie Malpass" and shown on a plat recorded in Map Book 28, Page 479 of the Brunswick
County, North Carolina Office of the Register of Deeds.
M

IIiIIIII�IIIIIIIIIIIIIIIIIIIIIIIII'llr Breof nda - Plem 5�ofZ2PROP
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every Owner shall have the right and
easement of enjoyment in.and to the Common Properties together with and including the right of
access, ingress and egress, both pedestrian and vehicular, on and over the private roads, walkways
and parking areas of the Common Properties, all of which shall be appurtenant to and shall pass with
the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for
the use of any recreational or other similar facility situated upon the Common
Properties;
(b) the right of the Association to suspend the voting rights and the right to use
any recreational or other Common Property facilities, if any, by an Owner for any
period during which any assessment against his Lot remains unpaid, and for a period
not to exceed 60 days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate, sell, lease mortgage or transfer all or
any part of the Common Properties, or any interest therein, to any public agency,
authority, or utility, or to any other person for such purposes and subject to such
conditions as may be agreed upon by the Members. No such dedication, sale,
mortgage or transfer shall be effective unless it has been approved by a vote or the
written agreement of no less than sixty-seven (67%)of the Members and an
instrument of dedication, sale, lease, mortgage or transfer properly executed by the
Association has been recorded. On such instrument the Secretary of the Association
shall certify that sixty-seven (67%) of the Members have approved the dedication,
sale, lease, mortgage or transfer, and that certificate may be relied upon by any third
party without inquiry and shall be conclusive as to any grantee, its successors or
assigns; provided, however, conveyances for general utility purposes, as specified
herein, may be made by the Association without consent of the Members;
(d) the right of the Association to limit the number of guests of Members;
(e) the right of the Association, in accordance with its Articles or Bylaws to
impose rules and regulations for the use and enjoyment of the Common Properties,
the Lots and improvements thereon, which rules and regulations may further restrict
the use of the Common Properties and create Limited Common Properties.
(0 the right of Owners of Lots on additional lands annexed to the Property
initially, or subsequently, to the easements of enjoyment and rights of ingress, egress
and access, as specified above, to the initial Property and all lands included in

IIII IIIIIIII IIIIIIIIII II I I II IIIIIIIII B3932 M. Cl ons 27'PR P
Brunswaok County, NC Register of Deeds page 6 of 26
subsequent phases.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Common Properties and facilities to the members of his family,
his tenants, or contract purchasers who reside on the Property but may not delegate or assign
responsibility for the actions of those to whom such right is delegated.
Section 3. Title to the Common Properties. The Declarant hereby covenants for
itself, its heirs and assigns, that it will convey fee simple title to the Common Properties located
within the Property to the Association prior to the conveyance of the first Lot, free and clear of all
encumbrances and liens, other than utility easements or rights of way for service, access, storm
drainage and other similar service or utility easements that may affect the Property.
Section 4. TV Antennas, Cablevision, Music. The Association may, in its discretion,
provide one or more central television or radio antennas for the convenience of the Members and
may supply cablevision, and the cost of these may be included in Annual or Special Assessments. If
it elects to provide such services and facilities, the Association may regulate or prohibit the erection
of television, radio or other antennas on individual Lots.
ARTICLE III
OWNERS' ASSOCIATION
Section 1. Formation of Association. WINDERMERE ESTATES HOMEOWNERS
ASSOCIATION, INC. is a non-profit corporation organized pursuant to the Nonprofit Corporation
Act of the State of North Carolina for the purpose of establishing an association for the Owners of
Lots to operate and maintain the Common Properties, collect and disburse funds to pay the Common
Expenses, and to provide any other services provided in this Declaration or agreed to by a majority of
the Members.
Section 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
Section 3. Voting Rights. Each Member other than the Declarant shall be entitled
to one vote in the affairs of the Association for each Lot owned. The Declarant shall be entitled to
three (3) votes in.the affairs of the Association for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot 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. Unless a greater percentage vote of the Members or Lot Owners is required
by the Act, this Declaration or the Bylaws, any action requiring or submitted to a vote by. the
Members may be taken upon the majority vote of the Members entitled to vote at a meeting at which
a quorum is present, or by the written agreement of a majority of the Members. The determination of
a quorum and other rules governing meetings of the Members and the Association shall be set forth
f3

07 14 2017
illllIIIIIII I III II Jill III IIIIIIIIIIII 8rend PM. 00 l m2ons 27 PROP
Brunswick County, NC Register of Deeds page 7 of 26
in the Bylaws and shall control unless inconsistent with this Declaration or the Act.
The Association may suspend the voting rights and the right to use any recreational or other
Common Property facilities, if any, by an Owner for any period during which any assessment against
his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of the Association's
published rules and regulations.
Section 4. Powers Privileges, Rights and Obligations. In addition to the rights
and powers granted to the Association by the Act, this Declaration, its Articles and Bylaws, and to
the rights and powers with regard to assessments set forth in Article V of this Declaration, the
Association shall have and possess and shall perform and exercise the following powers, privileges,
rights and duties, subject, however, to the rights of the Declarant contained in Article VI hereof:
(a) The Association shall be entitled to make and amend reasonable rules and
regulations governing use of the Lots and the Common Properties;
(b) The Association shall be responsible for the operation, upkeep, maintenance,
protection, preservation, repairs, reconstruction and/or replacement of (i) the
Common Properties improvements and additions thereto, and (ii) the Limited
Common Properties, if any; provided, however, that in the event that any of the
above activities are necessitated by the willful act or active or passive negligence of
any Owner, his family, guests, invitees or tenants, or is caused by fire, wind, rain,
blowing water, lightening, smoke or other hazard or casualty, and the cost of such
maintenance, repair or other activity is not fully recovered by insurance, then, at the
sole discretion of the Board, the cost of the same shall be the personal obligation of
the Owner and if not paid to the Association upon demand, may be added to the
annual assessment levied against said Owner's Lot;
(c) The Association may engage in such other activities as authorized by a
majority of the Members;
(d) The Association may suspend the voting rights and privileges of any Owner
for any period during which any assessments against the Owner's Lot remain unpaid,
and for a period not to exceed 60 days for an infraction of the published rules and
regulations of the Association; and
(e) The Association may mortgage or convey the Common Properties, or dedicate
or transfer all or part of the Common Properties, to any public agency, authority or
utility in the manner described in Article II, Section 1, Paragraph (c) herein.

Brend P00lem ors PROP
Brunswick County, NC Register of Deeds page 8 of 26
ARTICLE IV
INSURANCE
(a) Commencing not later than the time of the first conveyance of a Lot to a person other
than the Declarant, the Association shall maintain, to the extent reasonably available;
(1) Property insurance on the Common Properties insuring against all risks of
direct physical loss commonly insured against including fire and extended coverage
perils. The total amount of insurance after application of any deductibles shall be not
less than eighty percent (80%) of the replacement cost of the insured property at the
time the insurance is purchased and at each renewal date, exclusive of land,
excavations, foundations, and other items normally excluded from property policies;
and
(2) Liability insurance in reasonable amounts, covering all occurrences
commonly insured against for death and/or bodily injury arising out of occurrences
taking place on the Common Properties.
(b) If the insurance described in paragraph (a) of this Article is not reasonably available,
the Association promptly shall cause notice of that fact to be hand -delivered or sent prepaid by
United States mail to all Lot Owners. The Declaration may require the Association to carry any
other insurance, and the Association in any event may carry any other insurance it deems appropriate
to protect the Association or the Lot Owners.
(c) Insurance policies carried pursuant to Paragraph (a) of this Article shall provide that:
(1) Each Lot Owner is an insured person under the policy to the extent of the Lot
Owner's insurable interest;
(2) The insurer waives its right to subrogation under the policy against any Lot
Owner or member of the Lot Owner's household;
(3) Not act or omission by any Lot Owners, unless acting within the scope of the
Owner's authority on behalf of the Association, will preclude recovery under the
policy; and
(4) If, at the time of a loss under the policy, there is other insurance in the name
of a Lot Owner covering the same risk covered by the policy, the Association's policy
provides primary insurance.
(d) Any loss covered by the property policy under Paragraph (a)(1) of this Article shall be
adjusted with the Association, but the insurance proceeds for that loss shall be payable to any
d

II I III I I III I II I I I III I I II I I II III II I III Brend P0083 morons 2°'PROP
Brunswick County, NC Register of Deeds page 9 of 26
insurance trustee designated for that purpose, or otherwise to the Association, and not to any
mortgagee or beneficiary under a deed of trust. The insurance trustee or the Association shall hold
any insurance proceeds in trust for Lot Owners and lienholders as their interest may appear. The
proceeds shall be disbursed first for the repair or restoration of the damaged property, and Lot
Owners and lienholders are not entitled to receive payment of any portions of the proceeds unless
there is a surplus of proceeds after the property has been completely repaired or restored, or the
Planned Community is terminated.
(e) An insurance policy issued to the Association does not prevent a Lot Owner from
obtaining insurance for the Lot Owner's own benefit.
(f) Any portion of the Development for which insurance is required under Paragraph
(a)(1) of this Article which is damaged or destroyed shall be repaired or replaced promptly by the
Association unless (i) the Development is terminated as a Planned Community, (ii) repair or
replacement would be illegal under any State or local health or safety statute or ordinance, or (iii) the
Lot Owners decide not to rebuild by an eighty percent (80%) vote, including one hundred percent
(100%) approval of Owners assigned to the Limited Common Properties not to be rebuilt. The cost
of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. If any
portion of the Development is not repaired or replaced, (i) the insurance proceeds attributable to the
damaged Common Properties shall be used to restore the damaged area to a condition compatible
with the remainder of the Development, (ii) the insurance proceeds attributable to Limited Common
Properties which are not rebuilt shall be distributed to the Owners of the Lots to which those Limited
Common Properties were allocated, or to the lienholders, as their interest may appear, and (iii) the
remainder of the proceeds shall be distributed to all the Lot Owners or lienholders, as their interest
may appear, in proportion to the Common Expense liabilities of all the lots. Notwithstanding the
provisions of this paragraph, North Carolina General Statutes Section 4717-2-118 (termination of the
planned community) shall govern the distribution of insurance proceeds if the Development is
terminated as a Planned Community.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or charges which are Common
Expenses, and (2) special assessments for extraordinary maintenance and capital improvements, (3)
special assessments for purchase, construction or reconstruction of improvements; (4) to the
appropriate governmental taxing authority, a pro rata share of assessments for public improvement to
the Common Properties and private roads if the Association shall default in payment thereof; and (5)
assessments (fines) levied as a result of violations of the Declaration rules, policies and design
guidelines. The annual and special assessments, together with interest and costs, fines, and
E

000
Brunswick County, NC egaster of B3932dP0084s page 10m oref'260P
reasonable attorneys' fees for collection, shall be a charge on the land and shall be a continuing lien
upon the Lot against which each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who
was the Owner of such Lot at the time when the assessment fell due. The personal obligation for the
delinquent assessments shall not pass to his successors in the title unless expressly assumed by them.
The Association shall also have the authority, through the Board to establish, fix and levy a
special assessment on any Lot to secure the liability of the Owner thereof to the Association arising
from breach by such Owner of any of the provisions of this Declaration which breach shall require
the expenditure of time and money or both, by the Association for repair or remedy.
Each Owner covenants for himself, his heirs, successors and assigns, to pay each assessment
levied by the Association on the Lot described in such conveyance to him within ten (10) days of the
due date as established by the Board, and further covenants that if said assessment shall not be paid
within thirty (30) days of the due date, the payment of such assessment shall be in default and the
amount thereof become a lien upon said Owner's Lot as provided herein and shall continue to be
such lien until fully paid.
Section2. Purposes of Assessments. The assessments levied by the Association shall
be used exclusively for the paying of Common Expenses to promote the recreation, health, safety,
and welfare of the Owners of Lots; and, in particular, but not limited to, for the acquisition,
improvement and maintenance of the Property, services, amenities and facilities, and for the use and
enjoyment of the Common Properties, including, but not limited to, the cost of repairs, maintenance,
replacements and additions, the cost of labor, equipment, materials, management and supervision,
the payment of taxes and public assessments assessed against the Common Properties, the providing
for security of the Property, the procurement and maintenance of insurance in accordance with the
Bylaws or as deemed appropriate by the Board, the payment of common antenna or cable service, the
employment of counsel, accountants and other professionals for the Association when necessary, the
enforcement of this Declaration and such other needs as may arise. Out of the assessments, the
Board may create and maintain a reserve fund for the periodic maintenance, repair, and replacement
of improvements to the Common Properties which the Association may be obligated to maintain.
Section 3. Annual Assessments. Annual Assessments shall be in an amount to be
fixed from year to year by the Board which may establish different rates from year to year as it may
deem necessary for the purposes set forth in Section 2 above. The amount of the Annual Assessment
against each Lot for any given year shall be fixed at least 30 days in advance of the Annual
Assessment period; provided, however, that the first Annual Assessment shall be set prior to the
conveyance of the first Lot to an Owner, and written notice to the Owners to be subjected thereto
shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each
Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be
established by the Board and the Board shall have the authority to require the assessments to be paid
in pro rata monthly or quarterly installments. The Association shall, upon demand, and for a
reasonable charge furnish a certificate signed by an officer of the Association setting forth whether
10

IIIIIIilllll IIIIIIIIIIIIIIIIIIIIIIIII B3s32 P00a5m o�s-z01PROP
Brunswick County, NC Register of Deeds page 11 of 26
the assessments on a specified Lot have been paid.
(a) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the Annual Assessment may be increased each year by not more than
ten percent (10%) above the Annual Assessment for the previous year without a vote of the
Members, except as herein provided.
(b) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the Annual Assessment may be increased by more than ten percent
(10%) by a vote of sixty-seven percent (67%) of the Members who are entitled to vote in
person or by proxy at a meeting duly called for this purpose at which a quorum is present.
(c) The Board may increase the amount of the Annual Assessment to $350.00 per Lot
notwithstanding the provisions of Paragraphs (a) and (b) above, and thereafter the limitations
set forth in said Paragraphs shall apply to any annual increase.
Section 4. Special Assessments for Extraordinary Maintenance and Capital
Improvements. In addition to the Annual Assessments authorized above, the Association may
levy, in any assessment year, a Special Assessment applicable to the year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, restoration, repair or
replacement of a capital improvement upon the Common Properties and any Limited Common
Properties, including fixtures and personal property related thereto, and any property for which the
Association is responsible, provided that any such assessment shall have the assent of sixty-seven
percent (67%) of the Members who are entitled to vote in person or by proxy at a meeting duly called
for this purpose at which a quorum is present.
Section 5. Insurance Assessments. All premiums on insurance policies purchased
by the Board or its designee pursuant to Article IV and any deductibles payable by the Association
upon loss shall be a Common Expense, and the Association may in any assessment year levy against
the Owners equally an "Insurance Assessment", in addition to the Annual Assessments provided for
under Section 3 above, which shall be in an amount sufficient to pay the annual cost of all such
deductibles and insurance premiums not included as a component of the Annual Assessment. Such
Assessment shall not be subject to the 10% limitation set out in Section 3, (a) and (b) of this Article
V.
Section 6 Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Properties, if any, shall be a Common Expense, and the Association may in any assessment
year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual
Assessments provided for under Section 3 above, which shall be in an amount sufficient to pay such
ad valorem taxed in such year not included as a component of the Annual Assessment. Such
assessment shall not be subject to the 10% limitation set out in Section 3, (a) and (b) of this Article
V.
11

11����1���i������������������������ B3932 P0986� onof Deeds page 12s f'PROP
Section 7. Working Capital Assessments. At the time title to a Lot is conveyed to a
retail purchaser by the Declarant or by an approved builder, the retail purchaser shall pay to the
Association as working capital the sum of $350.00. Such funds shall be used solely for initial
operating and capital expenses of the Association such as pre -paid insurance, supplies, and
furnishings, fixtures and equipment for the Common Properties, etc. Amounts paid into the working
capital fund are not to be considered as an advance of the Annual or any other assessments. Any
working capital funds remaining after the last Lot has been sold by Declarant shall be transferred to
and become part of the general funds of the Association, to be used in the discretion of the Board.
Section 8. Uniform Rate of Assessment. Both Annual and Special Assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly or other
periodic basis established by the Board. This should not, however, prevent the Association from
establishing different rates for Lots based upon such factors as whether or not the Lot is vacant land
or contains a completed residence.
Section 9. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from the Declarant.
Section 10. Effect of Nonpayment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default, and
will be subject to a $20.00 monthly late fee. The Association may bring an action at law against the
Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable
attorneys' fees, or foreclose the lien against the Lot. No Owner may waive or otherwise escape
liability for the assessments provided for herein by non-use of the Common Properties or
abandonment of his Lot.
The lien herein granted unto the Association shall be enforceable pursuant to the provisions
of Article 2A of Chapter 45 of the North Carolina General Statutes from and after the time of
recording a Claim of Lien in the Office of the Clerk of Superior Court in the County in which the
Property is located in the manner provided therefore by Article 8 of Chapter 44 of the North Carolina
General Statutes, which claim shall state the description of the Lot encumbered thereby, the name of
the record owner, the amount due and date when due. The claim of lien shall be recorded.any time
after thirty (30) days after the due date of the assessment or any installment thereof and the lien shall
continue in effect until all sums secured by said lien as herein provided shall have been fully paid.
Such claims of lien shall include all assessments which are due and payable when the claim of lien is
recorded, plus interest, costs, reasonable attorneys' fee, advances to pay taxes and prior
encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed by an
officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the
same shall be satisfied of record.
Section 11. Subordination of the Lien to Mortgages and Ad Valorem Taxes. The
lien of the assessments provided for herein shall be subordinate to the lien of any institutional first
12

II I I III I III I II I IIII I I II I I III I I I II III E R087 ro07-14-2017
mans 27.0 P
Brunswick County, NC Register Brenda
Deeds page 13 of 26
mortgage and ad valorem taxes on said Lot. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to mortgage or tax foreclosure or
any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which
become due prior to such sale or transfer, but shall not abate the personal obligations of the prior
Owner. No sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof. Should the priorities set forth above be modified by law,
such variation as established by law shall prevail.
Section 12. Exempt Property. Any portion of the Property dedicated to, and accepted
by, a local public authority and any portion of the Property owned by a charitable or non-profit
organization exempt from taxation by the laws of the State of North Carolina shall be exempt from
the ad valorem tax assessments created herein. However, no land or improvements devoted to
dwelling use shall be exempt from said assessments.
NOTWITHSTANDING any other provision of this Declaration, no assessments shall be
paid by (i) the Declarant and (ii) any Owner who is conveyed a lot by the Declarant who is a
general contractor that intends to resell the Lot for his own account.
ARTICLE VI
RIGHTS OF DECLARANT/DECLARANT CONTROL
The Declarant shall have, and there is hereby reserved to the Declarant, the following rights,
powers and privileges which shall be in addition to any other rights, powers and privileges reserved
to the Declarant herein:
Section 1. The Association/Period of Declarant Control. All the powers and duties of
the Board may be exercised by the Declarant, and the Declarant shall appoint all members of the
Board, until such time as ninety percent (90%) of the Lots within the Development have been sold or
conveyed by the Declarant to purchasers (the "Declarant Control Period"). Management and control
of the Association can be voluntarily transferred earlier by Declarant to the Owners at any time.
Section 2. The Architectural Control Committee. During the Declarant Control Period,
all duties and responsibilities conferred upon the Architectural Control Committee by this
Declaration or the By-laws shall be exercised and performed by the Declarant or its designee.
Section 3. Plan of Development. The right to change, alter or redesignate the allocated
planned, platted, or recorded use or designation of any of the lands constituting WINDERMERE
Estates (so long as the Declarant retains title to said lands) including, but not limited to, the right to
change, alter or redesignate road, utility and drainage facilities and easements and to change, alter or
redesignate such other present and proposed amenities or facilities as may in the sole judgment and
13

III IIIIIIII IIIIII III IIIIII IIIiiIII 13932 P0098m o 5 27.000
PROP
Brunswick County, NC Register of Deeds page 14 of 26
discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto
itself, its successors and assigns, the right to re -plat any one (1) or more Lots shown on the
subdivision plat of the Property or Additional Property in order to create one or more modified Lots;
to further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine
one or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from this
Declaration Lots that are not otherwise buildable or are needed for access or are needed for use as
private roads or access areas, and to take such steps as are reasonably necessary to make such re -
platted Lots or tracts suitable and fit as a building site or access area or roadway.
Section 4. Amendment of Declaration by the Declarant. This Declaration may be
amended by the Declarant as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property, or any
portion thereof, for tax-exempt status.
E. To include any platting change as permitted herein.
F. To conform this Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the Property or any Additional Property, or to qualify the
Property or any Additional Property or any Lots and improvements thereon for mortgage or
improvement loans made, insured or guaranteed by a governmental agency or to comply with the
requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under
the substantial control of the United States Government or the State of North Carolina, regarding
purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other
law or regulation relating to the control of property, including, without limitation, ecological
controls, stormwater management, Conservation Areas, construction standards, aesthetics, and
matters affecting the public health, safety and general welfare. A letter from an official of any such
corporation or agency, including, without limitation, the Veterans Administration, U. S. Department
of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, Government
National Mortgage Corporation, or the Federal National Mortgage Association, requesting or
suggesting an amendment necessary to comply with the requirements of such corporation or agency
shall be sufficient evidence of the approval of such corporation or agency, provided that the changes
made substantially conform to such request or suggestion. Notwithstanding anything else herein to
the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this
Declaration pursuant to this Section 41.
Section 5. Street Lighting. The Declarant reserves unto itself, and unto the Association
14

Br���sIic��County, NC Register 63932dP00pageCle 8sfPR
''Y6p
after the Declarant Control Period, the right to subject the real property in the subdivision to a
contract with BRUNSWICK ELECTRIC MEMBERSHIP CORP. (BEMC), or other similar
provider, for the installation of street lighting which shall require a continuing monthly payment by
each residential customer.
ARTICLE VII
USE RESTRICTIONS AND ARCHITECTURAL CONTROL
Section 1. Building and Site Improvements. No site preparation (including, but not
limited to grading, elevation work, landscaping, sloping or tree work) or initial construction, erection
or installation of any improvements or any exterior modification to a lot, including but not limited to,
buildings, fences, signs, walls, bulkheads, screens, landscaping, plantings, equipment, or other
structures shall be commenced, erected, placed, altered or maintained upon any lot, until the plans
and specifications showing the nature, kind, shape, height, materials, exterior colors, siding, location
and elevations of the proposed improvements, landscaping or plantings shall have been submitted to,
and approved in writing, as to harmony of external design and location in relation to surrounding
structures and topography, by the Declarant, or after the sale of ninety percent (90%) of all Lots by
Declarant, by the Board or by an Architectural Control Committee composed of three (3) persons
appointed by the Board. In the event the Declarant, the Board, or the Architectural Control
Committee fails to approve or disapprove such submission made by any Lot Owner within thirty (30)
days after said plans and specifications have been received by the Declarant, the Board, or
Architectural Control Committee, approval will not be required and this Article will be deemed to
have been fully complied with, providing such submission complies with the requirements of the
Declaration and design guidelines that are in place at the time of submission. Refusal or approval of
any such plans, location or specification may be based upon any ground, including purely aesthetic
and environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the
Board, or the Architectural Control Committee shall be deemed sufficient. Two copies of all plans
and related data shall be furnished to the Declarant, the Board, or the Architectural Control
Committee, as the case may be, for its records. Neither the Declarant, the Board, nor the
Architectural Control Committee shall be responsible for any structural or other defects in plans and
specifications submitted to it or any structure erected according to such plans and specifications.
Section 2. Approval of Plans.
A. No house plans will be approved unless the proposed house shall have a
minimum of 1,200 square feet of enclosed, heated dwelling area. The term "enclosed, heated
dwelling area" as used in the minimum requirements shall be the total enclosed area within a
dwelling which is heated by a common heating system; provided, however, that such term does not
including garages, terraces, decks, open porches, and like areas.
B. Since the establishment of inflexible building setback lines for location of
houses on lots tends to force construction of houses directly to the side of other homes with
detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological
15

IIIIIIIIIIIIII il11111111111 Brend M. Cl m onsZm'PROP
Brunswick County, NC Register of Deeds page 16 of 26
and related considerations, no specific setback lines shall be established by this Declaration. In order
to assure, however, that the foregoing considerations are given maximum effect, the site and location
of any house or dwelling or other structure upon any lot shall be controlled by applicable county or
municipal zoning ordinances and must be approved absolutely by the Declarant, the Board, or the
Architectural Control Committee, as the case may be.
C. The exterior of all new houses and other structures must be completed within
twelve (12) months after the Owner's receipt of approval from the Declarant, the Board, or the
Architectural Control Committee; and construction of any addition to a dwelling, or subsequent
exterior improvement to an existing dwelling, any grading, landscaping, or any outbuilding,
swimming pool or improvement ancillary to the dwelling shall be completed within six (6) months
after the Owner's receipt of approval; except where such completion is impossible or would result in
great hardship to the Owner or building, due to strikes, fires, national emergency or natural
calamities. The Declarant, the Board, or the Architectural Control Committee shall have the
authority to extend the foregoing times upon application of the Lot Owner and for good cause shown
for a period not to exceed six (6) months. Any approvals given by the Declarant, the Board, or the
Architectural Control Committee shall expire if construction of the dwelling is not beyond that of the
foundation within six (6) months of the date of approval.
D. No dwelling structure shall be erected, altered, placed or permitted to remain
on any Lot, except one single family dwelling and storage building to match home finish.
E. All service utilities, fuel tanks, wood piles and trash containers are to be
enclosed within a wall or plant screen of a type and size approved by the Declarant, the Board or the
Architectural Control Committee, so as to preclude the same from causing an unsightly view from
any street or way within the subdivision. All mail and newspaper boxes shall be uniform in design.
Design for mail and newspaper boxes (if allowed) shall be furnished by Declarant. Fences shall be
permitted on any Lot; provided, however, that the design and materials of any fence are approved by
the Declarant, the Board, or the Architectural Control Committee, as the case may be, and provided
further, that no fence shall be over six feet in height or located forward of a point located three feet to
the rear of the front elevation of the dwelling on the Lot. Clothes lines are not permitted on any Lot.
F. Off street parking for not less than two (2) passenger automobiles must be
provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking
areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any
other material approved by Declarant, the Board or the Architectural Control Committee.
G. The Declarant, the Board and the Architectural Committee, or their
appointment agents, shall have the right, at their election, but shall not be so required, to enter upon
any of the Lots during site preparation or construction, erection, or installation of improvements to
inspect the work being undertaken and to determine that such work is being performed in conformity
with the approved plans and specifications.
16

77.000
IIIII IIII II I II III II I I II IIIIII III Brend P00 l ons 2
01PROP
Brunswick County, NC Register of Deeds page 17 of 26
H. The Declarant, the Board, or the Architectural Committee shall have the
power to grant, and may allow, variances of, and adjustments of, the restrictions established herein
in order to overcome practical difficulties and prevent unnecessary hardships in application of the
restrictions. contained herein; provided, however, that variances or adjustments are done in
conformity with the intent and purposes hereof; and, provided also, that in every instance such
variance or adjustment will not be materially detrimental or injurious to other Lots in the immediate
neighborhood. Variances and adjustments may be of the height, size, and setback requirements, but
shall not be limited thereto. No variance shall be permitted if it violates governmental minimum
standards.
I. After the Declarant Control Period, if the Association shall discontinue the
Architectural Control Committee (1) no further approvals need be obtained by any Lot Owner
pursuant to this Article, and any Lot Owner thereafter shall improve its Lot as the Lot Owner deems
appropriate, without such prior approval but not inconsistent with the other Articles of the
Declaration, and (2) any improvement located on any Lot shall be deemed approved by the
Architectural Control Committee and any variance of any improvement from any building
restrictions presented by any applicable covenants shall be deemed approved by the Architectural
Control Committee whether or not a document of variance approval has been recorded unless there
shall be pending in the County where the Lot is situated an action against any Lot Owner for
enforcement of the provisions of this Declaration or any applicable protective covenants for failure to
comply with the provisions of this Article or for having constructed an improvement which violates
the building restrictions and a variance shall not have been given, and as to the Lot affected by the
action, the result of the action shall be determinative thereof.
Any purchaser of a lot or institution financing the purchase and/or construction of a residence
on a lot may rely on the foregoing provision.
Section 3. Land Use And Building Type. No Lot shall be used for any purpose except
for residential purposes. All numbered Lots are restricted for construction of single family dwellings
only. Different and amended land use restrictions and architectural control guidelines may be
established for Additional Property added to the Development by Declarant; provided, however, that
no Lot may be used for other than single family dwellings except pursuant to approval of the
Members in accordance with this Declaration.
Section 4. Nuisances. No noxious or offensive activity shall be carried on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort
whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or of
such other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof.
Section 4.1 Appearance. It shall be the responsibility of each Owner to prevent the
development of any unclean, unsightly or unkept condition or disrepair of buildings or grounds of the
Owner's lot which would tend to substantially decrease the beauty of the neighborhood as a whole or
17
s :ape=:—'...a}z. �.. �r .:..�.::. r �—.—,.., ,,.... .._... _.. :.,. .- . -- ..,— .._.:_ _ --• __ �s.�'

7.000
IIII iill illlllllllllllll IIIIIIIII Brend M. em ons 27'PROP
Brunswick County, NC Register of Deeds page 18 of 26
the specific area. The exterior storage or placement of personal items not normally expected to be
kept out of doors is prohibited. Toys, strollers, bicycles and other similar items may not be kept on
porches, patios, driveways or in yards. Grills may be kept on rear porches or rear yards only.
Section 5. Right of Entry. In the event that a lot owner fails to comply with any provision
of these Covenants or any adopted rule, policy or ARC Design Guidelines then after a thirty day
notice to the lot owner, the Declarant, the Board or the Association's representatives, agents,
management company, designees or contractors may enter upon the lot to remedy any violation or to
conduct required maintenance, and such entry shall not be deemed a trespass, and in such event a lien
shall arise and be created in favor of the Association for the full amount of the cost thereof
chargeable to such Lot, including collection costs and such amounts shall be due and payable within .
thirty (30) days after the Owner is billed therefore. Such lien shall be enforceable by proceedings as.
provided herein and by law for enforcement of assessment liens.
Section 6. Temoorary Structures. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either
temporarily or permanently without the written consent of the Association or its designee; provided,
however, that this shall not prevent the Declarant, its designees or assigns from maintaining a
construction trailer or office on any part of the Development until the construction of dwellings on
all Lots is completed.
Section 7. Vehicles/Boats. No boat, motorboat, camper, trailer, motor or mobile homes,
tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any street at any
time, without the written consent of the Association or its designee. No inoperable vehicle or vehicle
without current registration and insurance will be permitted on any Lot, street or Common Property.
The Association shall have the right to have all such vehicles towed away at the Owner's expense.
No repairs to any vehicles may be made on streets or in driveways but only in garages or other areas
not visible from the street. No dirt bikes, ATV's or other unregistered or off road vehicles may be
driven or parked on any Lot, street or Common Area.
Section 8. Animals. No animals, livestock or poultry of any kind shall 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 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 properly leashed or under the control
of their owner and do not become a nuisance to the neighborhood. Only a resident's personal
household pets may be kept or maintained.
Section 9. Statuary, TV Satellite Dishes and Outside Antennas. No yard statuary or
TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television
antennas shall be erected on any Lot or dwelling unit unless and until written permission for the
same has been granted by the Declarant, the Board or the Architectural Control Committee.
Section 10. Exterior Lights. All light bulbs or other lights installed in any fixture located
on

07 14 2017
IIIIIiilllil IIIIIIIIIIIIIIIIII IIIIIII B3 ? ?00Cl mm nis s 27 PAR P
Brunswick County, NC Register of Deeds page 19 of 26
on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -
frost lights or bulbs.
Section 11. Landscaping. Prior to initial occupancy of the each residence the Lot must
be sodded and irrigated; provided, however, that any areas to be used as planting beds for trees and
shrubs need not be sodded so long as such beds are planted prior to initial occupancy of the Lot. The
Declarant, the Board or the Architectural Control Committee, as the case may be, may on account of
adverse weather conditions or for other good cause shown permit such landscaping to be done within
a period of six (6) months after initial occupancy of the residence.
Section 12. Signs. No signs shall be permitted on any Lot or in the Common Properties
without permission of the Declarant, the Board, or the Architectural Control Committee.
Section 13. Alterations. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Properties except at the direction or with the
express written consent of the Association.
Section 14. Subdividing. Subject to the provisions of Article VI hereof, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant
during the Declarant Control Period and thereafter by the Board.
Section 15. Business. No industry, business, trade, occupation, or profession of any
kind, whether commercial or otherwise, shall be conducted, maintained, or permitted on any Lot,
except that the Declarant or its agents may use any unsold Lots for sales or display purposes, and
Declarant may maintain sales or rental offices on the Property.
Section 16. Mailboxes. All mailboxes shall be of a uniform design, color and type
which shall be selected and approved by Declarant or the Architectural Control Committee.
ARTICLE VIII
ANNEXATION OF ADDITIONAL PROPERTY
Section 1. Declarant may annex to and make a part of the Development any other real
property which Declarant now owns or which Declarant may hereafter acquire or develop (the
"Additional Property"), as follows:
A. Except as provided in subparagraph B. below, annexation of additional
property to the Development shall require the assent of sixty-seven percent (67%) of the Members,
written notice of which shall be sent to all Members not less than 30 days nor more than 60 days in
advance of the meeting called for this purpose.
B. Additional Property may be annexed to the Development without the assent of
the Members so long as the Additional Property can be used only for residential purposes and related
19

IIII IIIIIIII 0111IIIIII I I III II III III Brend M. Cl mens m27'PR P
Brunswick County, NC Register of Deeds page 20 of 26
facilities usually appurtenant to residential developments, recreational facilities and Common
Property.
Section 2. Annexation of Additional Property shall occur upon the recording, in the
Office of the Register of Deeds for the county where the Additional Property is located, of (i) a
subdivision plat for the Additional Property and (ii) a supplemental declaration stating that the
Additional. Property is made a part of the Development and is subject to this Declaration. Upon
recording of such plat and supplemental declaration, the Additional Property shall become fully
subject to the terms of this Declaration, except to the extent that pursuant to Article V, Section 4
hereof, the Declarant amends the applicability of this Declaration to the Additional Property.
Section 3. Nothing herein shall prevent Declarant from using the name "WINDERMERE
ESTATES" in conjunction with the development of other real property which is not made part of the
Development and subject to this Declaration.
ARTICLE IX
EASEMENTS
Section 1. Easements in Favor of Declarant. The following easements are reserved to
Declarant, Declarant's successors and assigns:
(a) easements as necessary in the lands constituting the Development for the
installation and maintenance of utilities and stormwater management facilities; including the right of
Declarant to go upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable
equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other
public conveniences or utilities on, in or over each Lot and such other areas as may be shown on
plats of the Property or any Additional Property recorded or to be recorded in the office of the
Register of Deeds of Brunswick County; the right to cut drain ways for surface water whenever such
action may appear to the Developer to be necessary in order to maintain reasonable standards of
health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any
grading of the soil, or to take any other similar action reasonably necessary to provide economical
and safe utility installation and to maintain reasonable standards of health, safety and appearance; the
right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the
permission of the owner of such Lot; and the right to subject the Property and any Additional
Property to a contract with the appropriate electric utility company for the installation of street
lighting, which contract requires a continuing monthly payment to the electric utility company by
each resident customer for street lighting service (such rights may be exercised by any licensee of the
Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or
maintain any such utility or service).
(b) easements over all private streets, access easements, and Common Properties
fell

IIIIIIIIIIII IIIIIIIIII IIIIII II II'I III Brenda N. RCle12:18 ons 20.000
B3932 P9999 ,2-,9-27. ppp
Brunswick County, NC Register oPROP
f Deeds page 21 of 26
within the Development as necessary to provide access, ingress and egress, to any Additional
Property.
(c) an easement of unobstructed access over, on, upon, through and across each
Lot and the Limited Common Area located thereon, if any, at all reasonable times to perform any
maintenance and repair to the Limited Common Areas required by this Declaration. This easement
shall also run in favor of the Association and the Associations' agents, employees, successors and
assigns.
Section 2. Other Easements. The following easements are granted by Declarant to
others:
(a) an easement is hereby granted to all police, fire protection, ambulance,
sanitation, telephone, cable TV, and all similar persons, companies or agencies performing
emergency services, to enter upon all Lots and Common Properties in the performance of their
duties.
(b) in case of any emergency originating in or threatening any Lot or Common
Properties, regardless of whether any Lot Owner is present at the time of such emergency, the
Association or any other person authorized by it, shall have the right to enter any Lot for the purpose
of remedying or abating the causes of such emergency and making any other necessary repairs not
performed by the Lot Owners, and such right of entry shall be immediate.
(c) the Association is granted an easement over each Lot for the purposes of
exercising its rights under Article VH, Section 5, of this Declaration.
Section 3. Nature of Easements. All easements and rights described herein are perpetual
easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the
undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person
having an interest in the Property or any Additional Property, or any part or portion thereof,
regardless of whether or not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and rights described in this
Declaration.
ARTICLE X
STORMWATER PERMIT / FACILITIES
Section 1. Stormwater Permit. The Association and each of its Members agree that at
anytime after (i) all work required under the Stormwater Permit has been completed (other than
operation and maintenance activities), and (ii) the Developer is not prohibited under DENR .
regulations from transferring the Stormwater Permit for the Planned Community to the
Association, the Association's officers without any vote or approval of Lot Owners, and within
10 days after being requested to do so, will sign all documents required by DENR for the
Stormwater Permit to be transferred to the Association and will accept a deed conveying such
21

Illillllllll IIIIIIIIIIIIIi111lllll111 B3932 �27'
M. Cl mmos PROP
Brunswick County, NC Register of Deeds page 22 of 26
facilities to the Association (if not already deeded); provided, however, that at the time the
Developer requests that the Association accept transfer of the Stormwater Permit, the Developer
has delivered to the Association a certificate from an engineer licensed in the State of North
Carolina, dated no more than 45 days before the date of the request, that all stormwater retention
ponds, swales and related facilities are constructed in accordance with the plans and
specifications therefore. If the Association fails to sign the documents required by this paragraph
or to accept a deed conveying such facilities, the Developer shall be entitled to specific
performance in the courts of North Carolina requiring that the appropriate Association officers
sign all documents necessary for the Stormwater Permit to the transferred to the Association and
accept a deed conveying such facilities to the Association. Failure of the officers to sign as
provided herein shall not relieve the Association of its obligations to operate and maintain the
stormwater facilities covered by the Stormwater Permit.
Section 2. Stormwater Facilities Operation and Maintenance. Any stormwater
retention ponds and related facilities for the Planned Community which have or are to be
constructed by or on behalf of Declarant within the Common Ares shall constitute Common
Elements and, subject only to the provisions of Section 3 of this Article X, the Association, at its
sole costs and expense, is responsible for the operation and maintenance of such facilities. Such
operation and maintenance shall include, but not be limited to, compliance with all of the terms
and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this
Article X, the Association shall indemnify and hold harmless the Developer form any obligations
and costs under the Stormwater Permit for operation and maintenance of the stormwater
retention ponds and related facilities.
Section 3. Damage to Stormwater Facilities. The Declarant shall at its sole cost and
expense be responsible for repairing any damage to stormwater facilities caused by the
Developer's development activities. The Developer shall not be responsible for damages to
stormwater retention ponds and related facilities caused by any other cause whatsoever, including
but not limited to construction of residences or other activities by Lot Owners, their agents and
contractors, upon their Lots, acts of God, and the negligence of others. Lot Owners shall be
responsible for damages to such stormwater facilities caused by construction of buildings or
other activities upon the Owner's lot. Each Owner, shall within 30 days after receipt of notice of
damage to stormwater facilities, repairs the damage at the Owner's sole cost sand expense to
return them to the state required by the stormwater plans and specificiations for the Planned
Community. If the Lot Owner fails to do so within said 30-day period, the Association shall
perform the work and the cost of the work shall be added to the Annual Assessment due from the
Lot Owner.
Section 4. Enforcement of Stormwater Runoff Regulations. The Property is subject
to certain restrictive covenants imposed by DENR, which are set forth in Article XI of this
Declaration.
22

I III IIII I II IIIIII I II I IiII I I rend M. Clem ons 27'PROP
Brunswick County, NC Register of Deeds page 23 of 26
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Association, the Declarant or any Owner, shall have the rights to
enforce, by, any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association, the Declarant or an Owner to enforce any covenant or restriction herein contained shall
in no event be deemed a waiver of the right to do so thereafter.
Section 2. Enforcement of Storm Water Runoff Regulations.
(a) The Subdivision is permitted for 76 Lots and the Maximum allowable Built -Upon Area
per Lot is 3,700 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 street pavement. The term "Built -Upon Area" includes but is not limited to: structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised open wood
decking or the water surface of swimming pools.
(b) This Development utilizes a curb outlet system. Each designated curb outlet swale or 100'
vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain
5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, accommodate the flow
from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in
either a dedicated Common Area or a recorded drainage easement.
(c) The filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the Development, except for average driveway crossings, is strictly prohibited.
(d) Each Lot will maintain a 30 foot wide vegetated buffer between all impervious area and
any surface waters.
(e) All roof drains shall terminate at least 30 feet from the mean high water mark of any
surface waters.
(f) The covenants contained in this Section 2 are intended to ensure ongoing compliance with
North Carolina Stormwater management Permit No. SW8111206, as issued under regulations
promulgated by the North Carolina Divisions of Water Quality, and may not be altered or rescinded
without the express written consent of the State of North Carolina Division of Water Quality.
Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
(g) The covenants contained in this Section 2 shall run with the land and be binding on all
persons and parties claiming under them. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain and enforce compliance with the stormwater
23

IIIIIIIIIIII IF I I IIIIIII I 111111111111 B3s32 P0098 mans 20.000
Brunswick County, NC Register of Deeds pageMOTI
24 of 2PROP
6
management permit and regulations.
Section 3. Allocation of Build -Upon Areas. Declarant reserves the right to impose
additional restrictions upon the Property as and to the extent required by the terms of the .
Stormwater Management Permit applicable to Windermere Estates or any portion thereof issued
by the State of North Carolina Division of Water Quality. Such additional restrictions may be
imposed by Declarant by the recording of a Supplemental Declaration, and no joinder or consent
of the Association or any other owner or person shall be required for such Supplemental
Declaration.
Declarant further reserves the right, in its sole discretion, as the Stormwater Management
Permit is modified, to recalculate and redesignate maximum built upon areas as set forth in this
Declaration, provided such recalculations and redesignations are in compliance with the
Stormwater Management Permit applicable to Windermere Estates. In addition, if any property
as finally constructed does not use its allocated built upon area, Declarant shall have the sole
right to reclaim such excess allotment and reallocate it to remaining properties pursuant to an
amendment to the Declaration in its sole discretion.
No party shall apply for or obtain any stormwater management permit applicable to any
portion of Windermere Estates without the prior written consent of Declarant (which may be granted
or withheld in Declarant's sole and absolute discretion). Except in the specific event of Declarant's
consent (if applicable) in accordance with the foregoing sentence, it is the intent of Declarant and
this Declaration that all such permits are to be in the name of Declarant until such time as Declarant
elects to assign them to the Association as provided herein.
Section 4. Severability. The provisions of this Declaration are independent and severable,
such that invalidation of any one of these covenants or restrictions by judgment or court order shall
in no way affect any other provisions which shall remain in full force and effect.
Section 5. Lots Subject to Declaration. All present and future Owners, tenants and
occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the
provisions of the Declaration, and as the Declaration may be amended from time to time. The
acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of
any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified
by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to
the benefit of and be enforceable by the Declarant, the Association, or the Owner of any Lot, their
respective legal representatives, heirs, successors and assigns, and shall run with and bind the land
and shall bind any person having at any time any interest or estate in any Lot, as though such
provisions were made a part of each and every deed of conveyance or lease. The covenants,
conditions and restrictions contained in this Declaration and any amendment thereto shall be
effective as of the date and time of recording and shall continue in force and effect until the
Declaration is amended to delete them or the Development is terminated.
24

NC Register B3932of eP0099 Mo 14-2017
s page PROP
Brunswick County, of 26
Section 6. Rights Reserved to Institutional Lenders. "Institutional Lender" or
"Institutional Lenders", as the terms are used herein, shall mean and refer to banks, savings and loan
associations, savings banks, insurance companies, Veterans Administration, Federal Housing
Authority, Federal National Mortgage Association and other mortgage lenders and guarantors and
insurers of such first mortgages. So long as any Institutional Lender or Institutional Lenders shall
hold any mortgage upon any Lot, or shall be the owner of any Lot, such Institutional Lender or
Institutional Lenders shall have the following rights:
(a) To be furnished with a least one copy of the annual financial statement and
report of the Association, including a detailed statement of annual carrying charges or income
collected and operating expenses, such financial statement and report to be furnished upon request.
(b) To attend any meeting of the membership to be held for the purpose of
considering any proposed Amendment to the Declaration, or the Articles and Bylaws of the
Association.
(c) To inspect the books and records of the Association and the Declaration,
Bylaws and any Rules and Regulations during normal business hours, and to obtain copies thereof.
(d) Whenever any Institutional Lender, guarantor or insurer desires the benefits of
the provisions of this, section or to be furnished a financial statement, such Lender shall serve written
notice of such fact upon the Association by Registered Mail or Certified Mail addressed to the
Association and sent to its address stated herein, or to the address of the Property, identifying the Lot
upon which any such Institutional Lender or Institutional Lenders hold any mortgage or mortgages,
or identifying any Lot owned by them, or any of them, together with sufficient pertinent facts to
identify any mortgage or mortgages which may be held by it or them, and which notice shall
designate the place to which such information requested from the Association is to be forwarded to
the Institutional Lender.
Section 6. Amendment of Declaration. Except as provided elsewhere herein, the
covenants and restrictions of this Declaration may be amended only by an instrument duly recorded
in the Office of the Register of Deeds of the county where the Development is located, executed by
the duly authorized officers of the Association upon the vote or written agreement of not less than
sixty-seven percent (67%) of the votes allocated to the Lot Owners; provided that no amendment
shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein
provided, or affect any lien for the payment thereof established herein.
Any amendment to this Declaration for the purpose of terminating the Declaration or
terminating the Development as a Planned Community shall require the vote or written agreement of
not less than eighty percent (80%) of the Lot Owners, and must be made pursuant to the provisions
of Section 47F-2-118 of the Act.
In no event may the Declaration be amended so as to deprive the Declarant of any rights
25

illlllllll illl lllllllll lllll III I I I Brenda M. Clem ans 2"PR P
Brunswick County, NC Register of Deeds page 26 of 26
herein granted or reserved unto Declarant.
No amendment which would change or delete any provision herein required by any
governmental authority shall become effective until submitted to and approved by that authority.
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed by
the Declarant this the r day of , 2017.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
TIMBERLIND, INC., Declarant
By.
Jesse L. Malpass, President
a Notary Public for N e,� eu ounty and
State of North Carolina, do hereby certify that ftSSE L. MALPASS, personally appeared before
me this day and acknowledged that he is the President of TIMBERLIND, INC., a North Carolina
corporation and further acknowledged the due execution of the foregoing instrument on behalf of the
corporation.
WITNESS my hand and notarial seal this day, _,Dj I �,Z, 2017.
Notary PulSlic
My Commission
I&AftbowNING
Notary Public
New Hanover County, NO
M