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127 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MECOFLED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC FEB 13 4 37 PH '87 BOOK PAGE 1363 0950 DECLARATION OF COVENANTS THIS DECLARATION, made this 13th day of February, 1987, by TERRY TURNER, INC., hereinafter referred to as "Declarant"; WITNESSETH WHEREAS, DECLARANT is the owner of certain property in New Hanover County, North Carolina, which is more particularly described as follows: Lot 1, Block A, Section 19, of Figure Eight Island Subdivision as shown and described on a plat entitled "Figure Eight Island" and recorded in Map Book 20 , at Page 13, of the New Hanover County Registry.

NOW, THEREFORE, Declarant hereby submits the above described property to the terms, restrictions and obligations imposed by the New Hanover County Health Department on the permit which is attached hereto and incorporated herein by reference as Exhibit "A". These terms, restrictions and obligations shall run with the real property and be binding on all parties having and right, title or interest in the described property, their heirs, successors and assigns, and shall be binding on each owner thereof. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and shall be enforceable by the New Hanover County Health Department or its successors.

IN WITNESS WHEREOF, Declarant has caused this instrument to be signed all on the day and year first above written.

TERRY TURNER, INC.

By: Tumn {President THE Secretary GORPORATE SEAL) lliam STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER GUILFORD I, Becky G. Hatfield Britt a Notary Public in and for the aforesaid County and State do hereby certify that Cassandra L. Williams.

personally appeared

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OF NORTH CAROLINA COUNTY OF NEW HANOVER GUILFORD I, Becky G. Hatfield Britt a Notary Public in and for the aforesaid County and State do hereby certify that Cassandra L. Williams.

personally appeared before me this day and acknowledged he/she is the Secretary of TERRY TURNER, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by herself as its secretary.

WITNESS my hand and official seal, this the 13th day of February, 1987.

My Commission Expires: July 23,1989 (NOTARIAL SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Beck G. Harfield Britt Notary Public BECKY G. HATFIELD (BRITT) NOTARY PUBLIC GUILFORD COUNTY w COMM. EXPIRES JULY 23. 1959 The foregoing certificate of Becky G Halfield (Brit), a Notary Public, is certified to be correct. This the 13 day of Feb 1987.

RETURNED TO (B&B/cnw 089773 REBECCA P. TUCKER Register of Deeds - Pender County By: Deputy/Assistant STATE COUNTY INIT 300K PAGE 1363 0951 New Hanover County Health Department 2029 South 17th Street Post Office Box 3785 Wilmington, North Carolina 28406 Phone 763-2931 Environmental Health Division (919) 763-8661 Lot Evaluation LE-86-22 Improvements Permit S-87-42 NORTH HEALTH DIRECTOR ROBERTS. PARKER ASSISTANT HEALTH DIRECTOR LYNDA F. SMITH IMPROVEMENTS PERMIT Expires Three Years From Date of Issue By authority of Article 11 of Chapter 130A of the General Statutes of North Carolina, an Improvements Permit is granted to as Terry Turner Incorporated on-site ground The alternative system is known for construction/installation of an alternative absorption sewage treatment and disposal system.

ground absorption sewage treatment and disposal

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rporated on-site ground The alternative system is known for construction/installation of an alternative absorption sewage treatment and disposal system.

ground absorption sewage treatment and disposal a recirculating sand filter septic tank system.

Construction/installation of the recirculating sand filter septic tank system is granted under provisions of Title 10, Chapter 10, Subchapter 10A of the North Carolina Administrative Code, Section .1948 (c) of Laws and Rules for Sanitary Sewage Collection, Treatment and Disposal. Engineering, hydrogeologic and soil studies conducted on the property located at One Beachbay Lane, Lot 1 Block A Section 19, Figure Eight Island, New Hanover County, North Carolina have indicated that an alternative system the recirculating sand filter septic tank system can reasonably be expected to function satisfactorily. Permission is hereby granted to construct/install a recirculating sand filter septic tank system on to serve a four 1 Beachbay Lane Lot 1, Block A, Section 19 Figure Eight Island (4) New Hanover County North Carolina bedroom residential structure to be constructed on this same property. The residence will receive potable water from the System.

Figure Eight island Community Water BOUR PAGE 1363 0952 Improvements Permit (Cont.)

1 Beachbay Lane Lot 1, Block A, Section 19 Figure Eight Island Page 2 The recirculating sand filter septic tank system shall be located on the above described property as specified on the attached site plan Exhibit A and constructed/installed as specified on the attached engineering plans Exhibit B prepared by Donald R.

Butler, N.C. P.E.

#8948 of Henry Von Oesen and Associates, Wilmington, North Carolina. Acceptance of these plans is based on "approval with provisos" granted on January 26, 1987 by the

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ed by Donald R.

Butler, N.C. P.E.

#8948 of Henry Von Oesen and Associates, Wilmington, North Carolina. Acceptance of these plans is based on "approval with provisos" granted on January 26, 1987 by the North Carolina Department of Human Resources, Division of Health Services, Environmental Health Section.

Prior to putting the recirculating sand filter septic tank system into service, the property owner shall obtain an Operations Permit from the Environmental Health Division. Issue of the Operations Permit will be contingent on the following additional provisions of this Improvements Permit,: 1) the residential structure shall be located on this property as specifically indicated on Exhibit A; 2) the residential structure shall be of the specifically indicated on Exhibit A; 3) 4) 5) 6) dimensions inspections of the construction/installation of the recirculating sand filter septic tank system will be conducted in accordance with the attached Inspections Requirements Exhibit C; upon completion of the construction/installation, the design engineer shall certify in writing to the Environmental Health Division that the recirculating sand filter septic tank system has been constructed/installed as specified on plans Exhibit B; the property owner shall provide a notarized copy of the executed Service and Maintenance Agreement Exhibit D to the Environmental Health Division; and, the property owner shall provide a copy of the recorded Declaration of Covenants Exhibit E and a copy of the recorded Improvements Permit to the Environmental Health Division; BOOK PAGE 1363 0953 Improvements Permit (Cont.)

1 Beachbay Lane Lot 1, Block A, Section 19 Figure Eight Island Page 3 Upon completing the inspections process, recirculating sand filter septic tank system finding the to meet the

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ments Permit (Cont.)

1 Beachbay Lane Lot 1, Block A, Section 19 Figure Eight Island Page 3 Upon completing the inspections process, recirculating sand filter septic tank system finding the to meet the aforementioned requirements and Laws and Rules for Sanitary Sewage Collection, Treatment and Disposal, and being provided copies of the above described documents, the Environmental Health Division will issue an Operations Permit.

Improvements Permit by Jamia , R.

James A. Hayes, R.S.

Environmental Health Division February 2, 1987 Date Improvements Permit issued I hereby certify that no change in location/specifications will be made without prior Health Department approval. I hereby certify application has been prepared and work will be done in accordance with New Hanover County Ordinances and Regulations and State Laws and Rules.

Signed By Address Telephone # They Tumor Inc.

They Tumw Pres.

P.O.Box 4517 395.4006 Wilm. N.C. 28406 Date 2/3/87 BEACH ROAD 4 SHOUTH PAGE Exhibit A BOOK 1363 0954 DESIGNATED DISPOSAL AREA Buff ZONE-(Remix) SEPTIC TANK RESIAC TANK EFFLUENT TANK EFFLUENT DISPOSAL FIELD DECIRCULATING SAND BUTTER ZONE BEACHBAY LAVE 6 FILTER Line SITE PLAN BEACHBAY LANE 1 = 20