SW8020406_HISTORICAL FILE_20121221

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. I SW
DOC TYPE ❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

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NORTH NORTH CAROLINA
FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND
NEW HANOVER COUNTY ROWMed To.
THIS FIRST AMENDMENT TO DECLARATION OF COVEN S, CONDITIONS
AND RESTRICTIONS OF AVE]NIR (this 'Amendment'), dated as of
QL
2012, is made by AVENIR COA0 UNUY ASSOCIATION, INC., a North Carolina nose -profit
corporation ("Association') and AVENiR DEVELOPMENT, LLC, a North Carolina limited
liability company ("Developer")
WHEREAS, Developer executed and recorded a Declaration of Covenants, Conditions
and Restrictions of Avenir in Book 3920 at Page 792 of the New Hanover County, North
Carolina Registry (the "Declaration'), and
WHEREAS, a majority of the Dwwtors of Association approved the amendments
contained herein at a duly called and notioed meeting of the Director's of Association, and
WHEREAS, a copy of this Amendment was sent to each member of Association with the
notice of the duly called meeting of the members of Association at which this Amendment was
approved, and
WHEREAS, the requisite number of members of Association have approved this
Amendment at a dul�called and noticed meeting of the members of Association held on
A&gte_ A&,1- ,�a. 2012, either in person or by Proxy, and
WHEREAS, the Developer also agrees and consents to the terms of this Amendment and
the amendments to the Declaration contained herein,
NOW, THEREFORE, the Association hereby declares as follows
433Mn

I Ameodment of Decla gWon Article VI, Subsection 2(f) of the Declaration is herby
amended by deleting the text of the first sentence of Article VI, Subsection 2(f) of the
Declaration in its entirety and inserting in lieu thereof the following
"Each Owner shall comply with all stormwater runoff and other
governmental regulations applicable to the Owner's Lot as required by
applicable State ofNorth Carohna and other governmental permits (the
"Permits" and the built -upon area of each Lot is hereby limited and
restricted to a mwamum of 3,000 square feet "
2 &w ment and Cm&mt of DevelThe Developer hereby specifically agrees and
consents to the amendments to the Declaration contained herein, and hereby expressly waives
and terminates its right to amend the Declaration
3. Except as hereby specifically amended, modified or supplemented, the
Declaration and all other agreements, documents, and instruments related thereto are herby
confirmed and ratified in all respects and shall remain in full force and effect according to their
respective germs
IN WITNESS WHEREOF, Association and Developer have duly executed this
Amendment as of the date first above written
ASSOCIATION.
AVENIR COMWUNITY ASSOCIATION, IKC
By UtdL�&, -
President
DEVELOPER
AVP" PI VELOPMENT. LLC
By
Manager
433Mn 2

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
c4r#el a Notary Public in and for said County and
State, do hereby certify t &# personally appeared before me this
day and acknowledged that he is President of Avenir Community Association, Inc. a North
Carolina nonprofit corporation (the "Corporation"), and that, by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its President
WrrMS my hand and notarial seal airs the Mt -day Of.
2012
Notary Public Print flame �1C�ece �'. Ile -
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
t L. Lo Ai-i a Notary Pubhc for the County and State afm md,
certify that , b►-rA 1_m+ia N individual mambedmanager of Avenir
Development, LLC, a North Carolina bmited liability company (the "Company'� Iummfly
appeared before me this day and acknowledged the due examdon of this instrument on bdudf of the
Company, and that by authmity duly given and as the act of the Company, the foregoing instrument
was signed by trim in its name
My Commission Expires
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433=28

CERTIFICATION OF VALIDITY OF FIRST ANEMMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AVBNM
Avenir Community Association, Inc., a North Carolina nonprofit corporation (the
"Corporation"), hereby oertifies that the foregoing instrument has been duly authorized and
approved by at least a majority of the members of the Corporation and is, therefore, a valid
amendment to the Declaration of Covenants, Conditions and Restrictions of Avenir in Book
3920 at Page 792 of the New Hanover County, North Carolina Registry
AVENIR COh04UNITY ASSOCIATION, INC
By A1�OU^� (%w-
President
433Mz8

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, 7a C a Notary Public in and for said County and
State, do hereby cattify that --- personally appeared before me this
day and a imowledged that he is President of Avenir Community Association, Inc, a North
Carolina nonprofit corporation (the *Corporation"), and that. by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its President
WITNESS my hand and notarial seal this the day of
2012
Print name _ ]o.S--kA C . �`t Ga 1W<7r
----F
My Commission Expires,
[NOTARIAL SEAL]

SOSID: 858964
Date Filed: 7/28/2006 4:14:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200620900165
ARTICLES OF INCORPORATION
OF
AVENIR COMMUNITY ASSOCIATION, INC.
A NONPROFIT CORPORATION
The undersigned natural person of the age of 18 years or more does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation
under and by virtue of the laws of the State of North Carolina, as contained in Chapter 55A of
the General Statutes of North Carolina, entitled `Nonprofit Corporation Act," and the several
amendments thereto, and to that end does hereby set forth:
1. The name of the Corporation is Avenir Community Association, Inc. (hereinafter
referred to as the "Association").
2. The period of duration of the Association shall be perpetual.
3. The purposes for which the Association is organized are:
(a) To enforce the covenants, restrictions, easements, charges and liens that
are to be enforced by the Association as provided in the Declaration of Covenants, Conditions
and Restrictions for Avenir, a Performance Residential Community, made by Avenir
Development, LLC (the "Declarant"), which said Declaration is recorded in Book 3920, Page
792, in the Office of the Register of Deeds for New Hanover County, North Carolina (such
Declaration, as the same may be amended, modified, supplemented or restated from time to time
being hereinafter referred to as the "Declaration'); to own, operate, maintain, manage, repair,
replace, improve and care for property as provided in the Declaration; to fix, levy, assess, collect,
enforce and disburse the charges and.assessments created under the Declaration, all in the
manner set forth in and subject to the.provisions of the Declaration; and to exercise all power and
privileges and to perform all duties and obligations of the Association under the Declaration; and
(b) To engage in any lawful act or activity for which corporations may be
organized under Chapter 55A of the General Statutes of North Carolina.
4. The Association is not organized for pecuniary profit, nor shall it have any power
to issue certificates of stock or pay dividends. No part of the net assets or earnings of the
Association shall inure to the benefit of any private individual, firm or corporation.
5. The Association shall have members which may be divided into such classes as
shall be provided in the bylaws. All members shall be accepted, appointed, elected or designated
in the manner provided in the bylaws.
6. The name and address of the initial registered office and the principal office of the
Association is John D. Lennon, 1437 Military Cutoff Road, Suite 201, Wilmington, New
Hanover County, North Carolina 28403.
7. The incorporator of this Association is Mark S. Hartman, and his address is clo
Helms, Mulliss & Wicker, PLLC, 127 Grace Street, Wilmington, New Hanover County, North
Carolina 28401.

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8. in the event of a dissolution and/or liquidation of the Association, all of the
residual assets of the Association shall be distributed to such organizations as shall, in the
judgment of the Board of,Directors, be most likely to fulfill the purposes of the Association and
that are organized under Chapter 55A of the North Carolina General Statutes or corresponding
chapters of subsequent North Carolina General Statutes or that qualify as exempt organizations
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or corresponding
sections of any future Internal Revenue Code.
9. To the fullest extent permitted by the North Carolina Nonprofit Corporation Act,
as the same exists or may hereafter be amended, no person who is serving or has served as a
director of the Association shall be personally liable to 'the Association, its members or otherwise
for monetary damages for breach of duty as a director, whether an action is brought by or in the
right of the Association or otherwise. No amendment or repeal of this Article, nor the adoption
of any provision to these Articles of Incorporation inconsistent with this Article, shall eliminate
or reduce the protection granted herein with respect to any matter that occurred prior to such
amendment, repeal or adoption.
10. These articles will be effective upon filing.
This is the 27`s day of July, 2006.
'-az (SEAL)
Mar S. Hartman — In orporator

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NORTH CAROLINA
Department ®f The Secretary of State
CERTIFICATE OF REINSTATEMENT
FROM SUSPENSION
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that
the Articles of Incorporation of
AVENIR COMMUNITY ASSOCIATION, INC.
were reinstated from suspension pursuant to the provisions of N.C.G.S. § 105-232 on 28th day of December,
2012 and, further, that the corporation was thereupon again entitled to exercise its rights, privileges, and
franchises in this state.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 28th day of December, 2012
Secretary of State
Document Id: C201236301484

Dec, 28. 2012 11:00AM SOSID:0858964
Date Filed: 12/28/2012 3:25.00 PM
Elaine F. Marshall
e North Carolina Secretary of State
C201236301484
North Carolina Department of Revenue
Beverly Bowes Perdue
Governor
December 20, 2012
The Honorable Blaine P. Marshell
Secretary of State
Stato of North Carolina
Raloigb, North Carolina
ID: 0858964
n., Reinstatement of
XX Articles of Ineorporaiion
Cerdficate of Authority
Dear Ms, Marshall:
David W. Hoyle
Secrctary
Please refer to the list of corporations certified to you for suspension on September. 17,
2012 and rcinatate AVEN1R COMMUNITY ASSOCIATION, INC.
Sincerely,
eAml
C. David ' t
Revenue Administrative Officer 11
Telephone [phone] x30042
Cc: AVENIR COMMUNITY ASSOCIATION, INC.
1437 murARY CUTo1F ROAD, suet 201
WILMNGrTON NC 28403
PO BOX 871,11s1Eigb, NC 27602
M egad 0WINnity Iffipinsw

1111111111111�e
FOR REGISIRATION REG[11ER of DFEOS
x =566GCOUNT"f
M2 DEC 27 44:ZO
BK:5700 4GA45447 FEEIN.M
10fig 1241MM
PREPARER HAS NOT SEARCHED AND
DOES NOT CERTIFY TrME TO THE
PROPERTY DESCRIBED HEREIN
Prepared by:
MCGUMBWOODS LLP
300 North Third Shed, Suite 400
Wilmington, North Carolina 28401
Revenue Stamps: None Returned TO:
JAG Hearne,l�
Tax Parcel Number: R06213-001-020-OW
•#sacra######sssst######ssss###sissa#ssasssas#rsrarristatissss•######asst#•ss######s#
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS NON -WARRANTY DEED (this Mood"), dated as of July akk 2011. is made by
AVENIR DEVICi.OPMM4 T, LLC, a North Carolina limited liability company (the 'r1 ntor"), to
AVENIR COM IUNM ASSOCIATION. INC., a North Carolina nonprofit corporation (the
"Gmntcc"), whose address is Post Ofrwe Box 15066, Wilmington, North Carolina 28408.
THAT the Grantor does hereby grant, bargain, sell and convoy unto the Grantee, in fee simple,
all of the Grantor's interest in that certain property situated in New Hanover County, North Carolina and
more particularly described as follows:
Being all of that property identified as "Common Elements" as shown on a map entitled,
"Avenir Perfon=ce Residential" said map prepared by Amold W. Carson, PLS, P.C.
and recorded in Map Book 44, Page 249, Now Hanover County Registry. For further
refermca, at also Map Book 46, Page 114; Map Book 47, Page 279; and Map Book 48,
Page 1 S4; New Hanover County Registry.

TO HAVE AND TO HOLD the afaresald property, together with all easements. tenements,
privileges and appurtenances therounto belonging to the Gmatee in fee simple forever.
The property described herein is conveyed in an "AS IS, WHERE IS" condition. Further, the
Grantor has not made, does not make and specifically negates and disclaims any representations,
wanantles, promises, covenants, agreements or guaranties of any kind or character whatsoever, whodw
express or implied, oral or written, past, presem, or flrturo, of, as to, coamning or with respect to: (a) the
value, nature, quality or condition of the property described Herein, (b) the suitability of the property
described herein fbr any activities and/or uses, (c) the habitability, merchantability, marketability,
profitability or fitness for a particular purpose of the property described herein, or (d) any other natom
with respect to the property described herein.
The Grantee hereby accepts coalition to the property herehrabove descr%ed AS IS,
WHERE I%wlth a0 fault&
IN WITNMSS WHEREOF, the Grantor has duly executed this Deed, all as of the day and year
first above written.
AVENIR DEVELOPMENT, LLC
a Npo CarAljna limited liability company
Jahn D.Lennon
Merger
STATE OF NORTH CAROLINA
I, CNLCL11,iE L. Cvr-(O , a Notary Public, do hereby certify that
John D. Lennon personally appeared befam me this day, and acknowledged that he is Manager of Aventr
Development, LLC, a North Carolina limited liability company, and that by authority duly given and as
the act of the company, the foregoing inamment was signed and sealed in its name by him as its
Manager.
WITNESS my hand and notarial seal, this o2OM day of JJW , 2011.
Notary ids
Print or Type Name: Qb�LUNE L. lEZ40
My Commission Expires:
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TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
fRffffffRRHffif if Hfff if 11ff 1ff ffffff •if ■fRRRf•RRH iRiRfffffif Rf RfRiiif fff iff Rf Rf iliffiHRf Riff lfif fff Hf fiiRHfff•Hf•
Filed For Registration: 12/2712012 04:26:44 PM
Book: RE 6700 Page: 145447
Document No.: 2012045139
3 PGS $26.00
Recorder. CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL. DOCUMENT.
*2012045139*
2012045139

Puse , Steven
From:
J. C. Hearne [e-mail]]
Sent:
Friday, December 21, 2012 2:37 PM
To:
Pusey, Steven
Cc:
[e-mail]; tsaude; [e-mail]; Cheryl Gora
Subject:
FW: Scan from a Xerox WorkCentre
Attachments:
Scan001.PDF
The fully executed document attached is going to the register of deeds to be recorded today.
jc J.C. Hearne, II Attorney at Law Board Certified Specialist in Real Property Law:
Residential, Commercial, Business and Industrial Transactions White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
jch(7awhiteandhearne.com
www.whiteandhearne.com
NOTICE: The information and all attachments contained in this electronic communication are
legally privileged and confidential information subject to the attorney -client privilege and
intended only for the use of the intended recipients. If the reader of this message is not
an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received
this communication in error, please immediately notify us of the error by return email and
permanently remove any copies of this message from your system and do not retain any copies,
whether in electronic or physical form or otherwise.
-----Original Message -----
From: xeroxawhi_t_eandhearne.com[mailto:xerox(a)whiteandhearne.com]
Sent: Friday, December 21, 2012 9:55 AM
To: J. C. Hearne
Subject: Scan from a Xerox WorkCentre
Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre.
Attachment File Type: PDF
WorkCentre Location: machine location not set Device Name: XRX76SS
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1

NORTH CAROLINA
FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF AVENIR
NEW HANOVER COUNTY
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF AVENIR (this "Amendment"), dated as of _� � �r �� . 1X09
2012, is made by AVENIR COMMUNITY ASSOCIATION, INC., a North Carolina non-profit
corporation ("Association"), and AVENIR DEVELOPMENT, LLC, a North Carolina limited
liability company ("Developer").
WHEREAS, Developer executed and recorded a Declaration of Covenants, Conditions
and Restrictions of Avenir in Book 3920 at Page 792 of the New Hanover County, North
Carolina Registry (the "Declaration"); and
WHEREAS, a majority of the Directors of Association approved the amendments
contained herein at a duly called and noticed meeting of the Directors of Association; and
WHEREAS, a copy of this Amendment was sent to each member of Association with the
notice of the duly called meeting of the members of Association at which this Amendment was
approved; and
WHEREAS, the requisite Humber of members of Association have approved this
Amendment at a duly called and noticed meeting of the members of Association held on
I te-M6c-l' /#>I. 2012, either in person or by proxy; and
WHEREAS, the Developer also agrees and consents to the terms of this Amendment and
the amendments to the Declaration contained herein;
NOW, THEREFORE, the Association hereby declares as follows:
433M2a

1. Amendment of Declaration. Article VI, Subsection 2(f) of the Declaration is hereby
amended by deleting the text of the first sentence of Article VI, Subsection 2(f) of the
Declaration in its entirety and inserting in lieu thereof the following:
"Each Owner shall comply with all stormwater runoff and other
governmental regulations applicable to the Owner's Lot as required by
applicable State of North Carolina and other governmental permits (the
"Permits"), and the built -upon area of each Lot is hereby limited and
restricted to a maximum of 3,000 square feet."
2. AZ=Ment and Consent of Developer. The Developer hereby specifically agrees and
consents to the amendments to the Declaration contained herein, and hereby expressly waives
and terminates its right to amend the Declaration.
3. Rtatatement, Except as hereby specifically amended, modified or supplemented, the
Declaration and all other agreements, documents, and instruments related thereto are hereby
confirmed and ratified in all respects and shall remain in full force and erect according to their
respective terms.
IN WITNESS WBEREOF, Association and Developer have duly executed this
Amendment as of the date first above written.
ASSOCIATION:
AVENIR COMMUNITY ASSOCIATION, INC.
By: ka,-z WtLy,
, President
DEVELOPER:
AVPI qR AqVELOPMENT, LLC
By:
Lennon, Manager
43302328 2

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, _1 C • e4r'NL allotary Public in and for said County and
State, do hereby certify that personally appeared before me this
day and acknowledged that he is President of Avenir Community Association, Inc., a North
Carolina nonprofit corporation (the "Corporation"), and that, by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by
him as its President.
WITNESS my hand and notarial seal this the `day of
2012.
Notary Public
Print name: —j" t A C . _ c'q""7r
My Commission Expires:
[NOTARIAL SEAL] � �Q\A C
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43302328 3

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
X L Lo AA 3Am•ct� a Notary Public for the County and State aforesaid,
certify that 3txA-rS^i—e-yv rvo" _ , individual member/manager of Avenir
Development, LLC, a North Carolina limited liability company (the "Company"), personally
appeared before me this day and acknowledged the due execution of this instrument on behalf of the
Company, and that by authority duly given and as the act of the Company, the foregoing instrument
was signed by him in its name.
Witness my hand and official stamp or seal, this day of _ 2012,
Public
Print name:L.
My Commission Expires:
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43302328 4

CERTIFICATION OF VALIDITY OF FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDMONS AND RESTRICTIONS OF AVENIR
Avenir Community Association, Inc., a North Carolina nonprofit corporation (the
"Corporation"), hereby certifies that the foregoing instrument has been duly authorized and
approved by at least a majority of the members of the Corporation and is, therefore, a valid
amendment to the Declaration of Covenants, Conditions and Restrictions of Avenir in Book
3920 at Page 792 of the New Hanover County, North Carolina Registry.
AVENIR COMMUNITY ASSOCIATION, INC.
President
43302328 5

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, _�,k, p i� C . C.�r,,4 T`, a Notary Public in and for said County and
State, do hereby certify that _ hr, 4, ' d;t /,�c _ personally appeared before me this
day and acknowledged that he is President of Avenir Community Association, Inc., a North
Carolina nonprofit corporation (the "Corporation"), and that, by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its President.
WIINESS my hand and notarial seal this the s� day of a1 Ul L
2012.
Notary Public
Print name:o.l��� C Ilea rra-1,775--
My Commission Expires:
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ARTICLES OF INCORPORATION
OF
AVENIR COMMUNITY ASSOCIATION, INC.
A NONPROFIT CORPORATION
SOSID: 858%4
Date Filed: 7/28/2006 4:I4:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200620900165
The undersigned natural person of the age of 18 years or more does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation
under and by virtue of the laws of the State of North Carolina, as contained in Chapter 55A of
the General Statutes of North Carolina, entitled "Nonprofit Corporation Act," and the several
amendments thereto, and to that end does hereby set forth:
1. The name of the Corporation is Avenir Community Association, Inc. (hereinafter
referred to as the "Association").
2. The period of duration of the Association shall be perpetual.
3. The purposes for which. the Association is organized are:
(a) To enforce the covenants, restrictions, easements, charges and liens that
are to be enforced by the Association as provided in the Declaration of Covenants, Conditions
and Restrictions for Avenir, a Performance Residential Community, made by Avenir
Development, LLC (the "Declarant"), which said Declaration is recorded in Book 3920, Page
792, in the Office of the Register of Deeds for New Hanover County, North Carolina (such
Declaration, as the same may be amended, modified, supplemented or restated from time to time
being hereinafter referred to as the "Declaration"); to own, operate, maintain, manage, repair,
replace, improve and care for property as provided in the Declaration; to fix, levy, assess, collect,
enforce and disburse the charges and assessments created under the Declaration, all in the
manner set forth in and subject to the provisions of the Declaration; and to exercise all power and
privileges and to perform all duties and obligations of the Association under the Declaration; and
(b) To engage in any lawful act or activity for which corporations may be
organized under Chapter 55A of the General Statutes of North Carolina.
4. The Association is not organized for pecuniary profit, nor shall it have any power
to issue certificates of stock or pay dividends. No part of the net assets or earnings of the
Association shall inure to the benefit of any private individual, firm or corporation.
S. The Association shall have members which may be divided into such classes as
shall be provided in the bylaws. All members shall be accepted, appointed, elected or designated
in the manner provided in the bylaws.
6. The name and address of the initial registered office and the principal office of the
Association is John D. Lennon, 1437 Military Cutoff Road, Suite 201, Wilmington, New
Hanover County, North Carolina 28403.
7. The incorporator of this Association is Mark S. Hartman, and his address is c/o
Helms, Mulliss & Wicker, PLLC, 127 Grace Street, Wilmington, New Hanover County, North
Carolina 28401.

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C280620900165
8. In the event of a dissolution and/or liquidation of the Association, all of the
residual assets of the Association shall be distributed to such organizations as shall, in the
judgment of the Board of Directors, be most likely to fulfill the purposes of the Association and
that are organized under Chapter 55A of the North Carolina General Statutes or corresponding
chapters of subsequent North Carolina General Statutes or that qualify as exempt organizations
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or corresponding
sections of any future Internal Revenue Code.
9. To the fullest extent permitted by the North Carolina Nonprofit Corporation Act,
as the same exists or may hereafter be amended, no person who is serving or has served as a
director of the Association shall be personally liable to the Association, its members or otherwise
for monetary damages for breach of duty as a director, whether an action is brought by or in the
right of the Association or otherwise. No amendment or repeal of this Article, nor the adoption
of any provision to these Articles of Incorporation inconsistent with this Article, shall eliminate
or reduce the protection granted herein with respect to any matter that occurred prior to such
amendment, repeal or adoption.
10. These articles will be effective upon filing.
This is the 27u' day of July, 2006.
JZ(SEAL)
MOM Hartman - In orporator

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New Hanover County
Page I of I
PARID:R06213-001-020-000
AVENIR DEVELOPMENT LLC
Parcel
AN ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
314609.25.3706.0D0
0 MASTERS LN
WILMINGTON
D5B70
RES-Residential
OAC-OWNERS ASSOCIATION COMMON AREA
3.37
R-15-RESIDENTIAL DISTRICT
COMMON AREAAVE NIR
WM
AVENIR DEVELOPMENT LLC
WILMINGTON
NC
28408
THE DATA IS FROM 2012
0 MASTERS LN
http:Hetax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R06213-001-020-000&gsp=PROFI... 12/27/2012

iTTI,
, - IN I(
�,,:,,

Pusey, Steven
From: John Lennon [e-mail]
Sent: Thursday, December 20, 2012 10:47 AM
To: J. C. Hearne; McLean, J. Dickson; Pusey, Steven
Subject: Re:
The signed and notarized document was delivered to J.C.'s office this morning along with funds for recordation. Thanks.
John Lennon
910-239-5895
From: "J. C. Hearne" <ich(@whiteandhearne.com>
Date: Wednesday, December 19, 2012 5:48 PM
To: Dickson McLean <[e-mail]>, "Pusey, Steven" <[e-mail]>
Cc: John Lennon <[e-mail]>
Subject: RE: RE:
Dickson if you will deliver the signed amendment with all recording fees ill have HOA sign they have agreed to the
amendment. Will that be a problem?
J.C. Hearne,11
Attorney at Law
Board Certified Specialist in Real Property Law: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
jchi.whiteandhearne.com
www.whiteandhearne.com
NOTICE: The information and all attachments contained in this electronic communication.are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: McLean, J. Dickson[mailto:DMcLean Cabmcguirewoods.coml
Sent: Wednesday, December 19, 2012 5:45 PM
To: J. C. Hearne; Pusey, Steven
Cc: John Lennon
Subject: RE: RE:
I have just sent J.C. a copy of the executed Avenir operating agreement per his request, and I believe that he has had the
executed deed for the common areas in his possession for some time. I also believe that he has indicated that the HOA
has approved the amendment but I don't know if it has been signed by the HOA. Once it's signed by the HOA I believe
that John Lennon (copied) will need to sign it for Avenir. That's the status as I know it. Dickson
From: J. C. Hearne[mails,o:[e-mail]
Sent: Wednesday, December 19, 2012 8:32 AM
To: Pusey, Steven

Pusey, Steven
From: McLean, J. Dickson [[e-mail]]
Sent: Wednesday, December 19, 2012 5:56 PM
To: J. C. Hearne; Pusey, Steven
Cc: John Lennon
Subject: RE: RE:
Attachments: Active_43302328_1_Avenir First Amendment to Declaration.pdf
Attached is the amendment. By copy of this email I am requesting that John sign it for Avenir, have it notarized and
deliver it to your office with a check for the recording fees.
From: J. C. Hearne [mailto:[e-mail]]
Sent: Wednesday, December 19, 2012 5:48 PM
To: McLean, J. Dickson; Pusey, Steven
Cc: John Lennon
Subject: RE: RE:
Dickson if you will deliver the signed amendment with all recording fees ill have HOA sign they have agreed to the
amendment. Will that be a problem?
J.C. Hearne, II
Attorney at Law
Board Certified Specialist In Real Property Law. Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
IchAwhiteandhearne.com
www.whiteandhearne.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: McLean, J. Dickson [mailto:DMcLean me uirewoods.com]
Sent: Wednesday, December 19, 2012 5:45 PM
To: J. C. Hearne; Pusey, Steven
Cc: John Lennon
Subject: RE: RE:
I have just sent J.C. a copy of the executed Avenir operating agreement per his request, and I believe that he has had the
executed deed for the common areas in his possession for some time. I also believe that he has indicated that the HOA
has approved the amendment but I don't know if it has been signed by the HOA. Once it's signed by the HOA I believe
that John Lennon (copied) will need to sign it for Avenir. That's the status as I know it. Dickson
From: J. C. Hearne [[e-mail]
Sent: Wednesday, December 19, 2012 8:32 AM
To: Pusey, Steven

P
Cc: McLean, J. Dickson
Subject: RE: RE:
Good morning Steven, by copy of this email I will ask Dickson McLean the status. Thanks jc
J.C. Hearne, II
Attorney at Law
Board Certified Specialist in Real Property Law: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
ch whiteandhearne.com
www.whiteandhearne:com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: Pusey, Steven [mailto:[e-mail]]
Sent: Monday, December 17, 2012 9:52 AM
To: J. C. Hearne
Subject: RE: RE:
Can you send me a copy of the recorded deed restriction amendments this week? Please advise the status.
Thanks,
Steve Pusey
DWQ
From: J. C. Hearne [mailto:[e-mail]]
Sent: Tuesday, December 11, 2012 1:35 PM
To: Pusey, Steven
Cc: shj(8whiteandhearne.com
Subject: RE:
Hello Steven I am expecting the Avenir executed documents today or tomorrow then I can record shortly thereafter. I
am preparing the Cove Landing docs as we speak. jc
J.C. Hearne, 11
Attorney at Law
Board Certified Specialist In Real Property Law: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
jch(d)whiteandhearne.com
www.whiteandhearne.com

NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: Pusey, Steven [mailto:steven.pusey(@ncdenr.gov]
Sent: Monday, December 10, 2012 1:50 PM
To: J. C. Hearne
Subject: RE:
Can you give me an update on getting the deed restrictions amended for Avenir in New Hanover County, and Cove
Landing in Brunswick County?
Thanks,
Steve
From: J. C. Hearne [mailto:jchCabwhiteandhearne.com]
Sent: Monday, December 03, 2012 11:13 AM
To: Pusey, Steven
Cc: nUC&whiteandhearne.com
Subject:
Good morning Steve, 2 things Avenir new restrictions should be ready this week. Second I'm trying to assist Jordy Rawls
of Stevens building revise their declaration asap. What book and page are the- restrictions you need corrected I believe
its cove landing in Brunswick County
J.C. Hearne, 11
Attorney at Law
Board Certified Specialist In Real Property Law. Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
jch(a7whiteandhearne.com
www.whiteandhearne.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.

l r�
Pusey, Steven
From: Pusey, Steven
Sent: Thursday, November 08, 2012 8:31 AM
To: 'J. C. Hearne'
Subject: RE: Avenir Community Association
The only thing I can think of changing would be the word "Lot." On the County property information, they describe it as
a "Unit/Lot" which I think is a better description since it is not a typical lot.
Regards,
Steve Pusey
DWQ
From: J. C. Hearne [mailto:[e-mail]
Sent: Wednesday, November 07, 2012 2:21 PM
To: Pusey, Steven
Subject: FW: Avenir Community Association
Hello Steven, attached is a draft of amendments for the Avenir Subdivision. Could you review and approve or disapprove
(with changes of course) thanks jc
J.C. Heame, II
Attorney at Law
Board Certified Specialist in Real Property taw: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
jch(cD,whitea nd hea me. com
www.whiteandheame.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: McLean,]. Dickson{mailto:[e-mail]
Sent: Monday, November OS, 2012 5:47 PM
To: J. C. Hearne
Cc: John Lennon
Subject: RE: Avenir Community Association
Attached is a draft amendment for your review.
From: J. C. Hearne [mailto:,[e-mail]
Sent: Friday, October 26, 2012 10:21 AM
To: McLean, J. Dickson
Subject: Avenir Community Association

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,'•`.,i'I:a l.}1:'P ." '''i'.€'4. t1 +;�;�. IIE �:: '� '�.5��'�N.i ti.'.

J.C. Hearne, II
Attorney at Law
Board Certified Specialist in Real Property Law. Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
j chAwhitea ndheame. com
www.whiteandheame.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged arn1
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, disseminatioji,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message fro6i your
system and do not retain any copies, whether in electronic or physical form or otherwise.

.. - - — I'; 'ic -&-
. OjWci. ill

NORTH CAROLINA
FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF AVENIR
NEW HANOVER COUNTY
'n-ilS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF AVENIR (this "Amendment"), dated as of ,
2012, is made by AVENIR COMMUNITY ASSOCIATION, INC., a North Carolina non-profit
corporation ("Association"), and AVENIR DEVELOPMENT, LLC, a North Carolina limited
liability company ("Developer").
WIT NESSET H:
WHEREAS, Developer executed and recorded a Declaration of Covenants, Conditions
and Restrictions of Avenir in Book 3920 at Page 792 of the New Hanover County, North
Carolina Registry (the "Declaration"); and
WHEREAS, a majority of the Directors of Association approved the amendments
contained herein at a duly called and noticed meeting of the Directors of Association; and
WHEREAS, a copy of this Amendment was sent to each member of Association with the
notice of the duly called meeting of the members of Association at which this Amendment was
approved;and
WHEREAS, the requisite number of members of Association have approved this
Amendment at a duly called and noticed meeting of the members of Association held on
, 2012, either in person or by proxy; and
WHEREAS, the Developer also agrees and consents to the terms of this Amendment and
the amendments to the Declaration contained herein;
NOW, THEREFORE, the Association hereby declares as follows:
43302328

l . Amendment of Declaration. Article VI, Subsection 2(f) of the Declaration is hereby
amended by deleting the text of the first sentence of Article VI, Subsection 2(0 of the
Declaration in its entirety and inserting in lieu thereof the following:
"Each Owner shall comply with all stormwater runoff and other
governmental regulations applicable to the Owner's Lot as required by
applicable State of North Carolina and other governmental permits (the
"Permits"), and the built -upon area of each Lot is hereby limited and
restricted to a maximum of 3,000 square feet."
2. Agreement and Consent of Developer. The Developer hereby specifically agrees and
consents to the amendments to the Declaration contained herein, and hereby expressly waives
and terminates its right to amend the Declaration.
3. Restatement. Except as hereby specifically amended, modified or supplemented, the
Declaration and all other agreements, documents, and instruments related thereto are hereby
confirmed and ratified in all respects and shall remain in full force and effect according to their
respective terms.
IN WITNESS WHEREOF, Association and Developer have duly executed this
Amendment as of the date first above written.
ASSOCIATION:
AVENIR COMMUNITY ASSOCIATION, INC.
M
, President
DEVELOPER:
AVENIR DEVELOPMENT, LLC
John Lennon, Manager
43302328 2

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I
a Notary Public in and for said County and;
State, do hereby certify that personally appeared before me this
day and acknowledged that he is President of Avenir Community Association, Inc., a North
Carolina nonprofit corporation (the "Corporation"), and that, by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its President.
WITNESS my hand and notarial seal this the day of
2012.
Print name:
My Commission Expires:
[NOTARIAL SEAL]
4330232H
Notary Public

STATE OF NORTH CAROLINA
COUNTY OF NEW FIANOVER
I, , a Notary Public for the County and State aforesaid.
certify that , individual member/manager of Avenir,
Development, LLC, a North Carolina limited liability company (the "Company"), personallyi
appeared before me this day and acknowledged the due execution of this instrument on behalf of thel
Company, and that by authority duly given and as the act of the Company, the foregoing instrument;
was signed by him in its name.
Witness my hand and official stamp or seal, this day of , 2012.
Notary Public
Print name:
My Commission Expires:
[NOTARIAL SEAL]
43302328 4

CERTIFICATION OF VALIDITY OF FIRST AMENDMENT ,rO DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS OF AVENIR
Avenir Community Association, Inc., a North Carolina nonprofit corporation (the
"Corporation"), hereby certifies that the foregoing instrument has been duly authorized and
approved by at least a majority of the members of the Corporation and is, therefore, a valid
amendment to the Declaration of Covenants, Conditions and Restrictions of Avenir in Book
3920 at Page 792 of the New Hanover County, North Carolina Registry.
AVENIR COMMUNITY ASSOCIATION, INC.
By:
43302328
President

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for said County and
State, do hereby certify that personally appeared before me this
day and acknowledged that he is President of Avenir Community Association, Inc., a North
Carolina nonprofit corporation (the "Corporation"), and that, by authority duly given and as the
act of the Corporation, the foregoing instrument was signed in its name by him as its President.
WITNESS my hand and notarial seat this the day of
2012.
Print name:
My Commission Expires:
[NOTARIAL SEAL-1
43302328
Notary Public

i209WUI1357W��NMCd�V�
FOR REGISTRATION REGISTER OF lIEEQS
REBECCA T CMISTIAN
NEW HANOVER COUNTY, NC
2003 JUL 29 02 519 PM ,
81( 3920 PG .792-811 FEE . S58 0 ��
XNAV OEM?
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
—_AVENIR - .....
a Performance Residential Community
nr 9-Q J%AREF00rr
107-C North Second Street
P 0 Box 1766
Wilmington, N C 2M
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This Declaration, Made the day of May, 2003, by AVENIR DEVELOPMENT,
LLC, hereinafter referred to as "Declarant" or "Developer" for the purposes hereinafter
stated;
WITNESSETH-
Whereas, Declarant is the owner of certain real property In the City of
Wilmington, New Hanover County, North Carolina, upon which It is developing a
performance residential community to be known as AVENIR, a plat of which Is
recorded or to be recorded In the Office of the Register of Deeds of New Hanover
County, North Carolina, to which reference is made for a more particular description
(the "Property").
NOW, THEREFORE, Declarant declares that the Property described above 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.
Declaration of Covenants. Conditions and Restrictions
AVENIR
1
F 1SHAREIREI0ECLRESTVAveni0Avenir 051403 doc

ARTICLE I.
DEFINITIONS
SECTION 1. Act. shall mean and refer to the North Carolina Planned
Community Act set forth in Chapter 47F of the General Statutes of North Carolina, as
the same may be amended from time to time.
SECTION 2 Additional Property shall mean and refer to any lands which are
now owned or may be hereafter acquired or developed by Declarant, in addition to the
above described Property, and annexed to and made a part of the Planned Community
(as hereinafter defined).
SECTION 3. Allocated Interest shall mean the Common Expense Liability and
votes in the Association allocated to each Lot.
SECTION 4. Association shall mean and refer to Avenir Community
Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
SECTION 5. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned by the
Association, other than a Lot, and intended for the common use and enjoyment of the
Owners, including, without limitation, any private roads and storm water retention
ponds within the Planned Community. Common Elements shall also include any
landscaping, sidewalks, lighting, and irrigation located within the boundaries of any
public roads.
SECTION 6. Common Expenses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
SECTION 7. Common _Expense Liability means the liability for Common
Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise
by law.
SECTION 8. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to AVENIR DEVELOPMENT, LLC, its successors and
assigns, if such, successors or assigns should acquire undeveloped property from the
Declarant or a Lot not previously disposed of for the purpose of development and
reserves or succeeds to any Special Declarant Right.,
SECTION 9 Declaration shall mean this instrument as it may be from time to
time amended or supplemented.
Declaration of Covenants, Conditions and Restrictions
AVENIR
2
F %SHAREIREUECLRES71AvenLMvemr 051403 &C

SECTION 10. Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration to
act on behalf of the Association.
SECTION 1 1 . Limited Common Elements shall mean areas and facilities within
any Lot which are for the exclusive use of the Lot Owner but which the Association is
obligated to maintain pursuant to the terms of this Declaration. SECTION 12.
Lots shall mean and refer to any portion of the Planned
Community designated for separate ownership by a Lot Owner.
SECTION 13. Lot Owner shall mean the Declarant or other Person who owns a
fee simple title to any Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
SECTION 14. Member. shall mean and refer to every person who is a member of
the Association. Membership shall be limited to persons having ownership interest in a
lot(s)
SECTION 15. 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 16 Person means a natural person, corporation, business trust,
estate, trust, partnership, association, joint venture, government, governmental
subdivision, or agency or other legal or commercial entity.
SECTION 17 Planned Community shall mean and referto the Property plus any
Additional Property made a part of Planned Community.
SECTION 18. Property. shall mean and refer to all of AVENIR, a Performance
Residential Community, as shown on any recorded plat thereof, as described in the
preambles above, including, without limitation, Lots 1 through 16 and any Additional
Property that may hereafter be brought within the jurisdiction of the Association as
herein provided.
SECTION 19. Purchaser means any Person, other than a Declarant or a Person
in the business of selling real estate for the purchaser's own account, who by means
of a voluntary transfer acquires a legal or equitable interest in a Lot, other than f i) a
leasehold interest (including renewal options) of less than 20 years, or (ii) as security
for an obligation.
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SECTION 20. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Emoyment. Every
Owner shall have and is hereby granted a right and easement of enjoyment in and to!
the Common Elements, if any, which shall be appurtenant to and shall pass with the'
title to every Lot, subject to the following provisions:
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners;
(b) The Association may mortgage or convey the Common Elements, or dedicate
or transfer all or part of the Common Elements, to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by the
Members; provided, however, that the Association may without the consent of the
Owners grant easements over the Common Elements for drainage systems and public
utilities servicing the Planned Community and that any conveyance or encumbrance of
Common Elements shall be subject to any rights of ingress and egress to any Lot over
private streets.
(c) The Board of Directors on behalf of the Association, as a Common Expense,
may at all times keep the Common Elements and other assets of the Association, if
any, insured against loss or damage by fire or other hazards and such other risks,
including public liability insurance, upon such terms and for such amounts as may be
reasonably necessary from time to time to protect such property, which insurance shall
be payable in case of loss to the Association for all Members, The Association shall
have the sole authority to deal with the insurer in the settlement of claims. In no
event shall the insurance coverage obtained by the Association be brought into
contribution with insurance purchased by Members or their mortgagees
SECTION 2. Easements in Favor of Declarant and the Association. The
following easements are reserved to Declarant and the Association, their successors
and assigns:
(a) easements as necessary in the lands constituting the Common Elements and
the rear, front and side ten feet of each Lot for the installation and maintenance of
utilities, irrigation systems, and drainage facilities; including the right of Declarant and
the Association to go upon the ground with men and equipment to erect, maintain,
inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers,
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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, to
or over each Lot and such other areas as are shown on the plat of the Property or any
Additional Property recorded or to be recorded in the office of the Register of Deeds of
j
New Hanover County; the right to install and maintain equipment associated with the+
irrigation systems, including, without limitation, the right to install control devices on
the exterior wall of selected residences; the right to cut drain ways, swales and
ditches for surface water whenever such action may appear to the Developer or the;
Association 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; and 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.
No structures or plantings or other material shall be placed or permitted or remain
upon such easement areas or other activities undertaken thereon which may damage
or interfere with the installation or maintenance of utilities or other services, or which
may retard, obstruct or reverse the flow of water or which may damage or interfere
with established slope ratios or create erosion problems. These easement areas
(whether or not shown on the recorded plats for the Planned Community) and
improvements within such areas shall be maintained by the respective Owner except
those for which a public authority or utility company is responsible.
(b) easements over all private streets, if any, access easements, and Common
Elements within the Planned Community 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 Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limped Common Elements
required by this Declaration. This easement shall also run In favor of the Association
and the Association's agents, employees, successors and assigns.
SECTION 3. Other Easements. The following easements are granted by
Declarant to others:
(a) an easement is hereby granted to all police, fire protection, ambulance and all
similar persons, companies or agencies performing emergency services, to enter upon
all Lots and Common Elements in the performance of their dunes
(b) in case of any emergency originating in or threatening any Lot or Common
Elements, 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
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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#
providing Lot maintenance when an Owner falls to provide maintenance and upkeep inl
accordance with this Declaration
SECTION 4. Nature of Easements. All easements and rights described herein
are perpetual easements appurtenant, running with the land, and shall inure to thel,
benefit of and be binding on the Declarant and the Association, their 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 111.
OWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association is a nonprofit
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 Elements and any Limited Common Elements in
accordance with this Declaration, Its Charter and Bylaws.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Associa-
tion. Membership shall be appurtenant to and may not be separated from Lot
ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one vote for each lot owned by the Member
When more than one person holds an interest in any Lot, all such persons shall
be Members. The votes for such Lot shall be exercised as they determine, but in
no event shall the Owners of the Lot collectively be entitled to cast more than
aggregate number of votes with respect to any Lot. Fractional voting with
respect to any Lot is prohibited
Class B. The Declarant shall be a Class B Member and shall be entitled to
two (2) votes for each vote held by the Class A Members. The Class B
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Membership shall cease on the happening of any of the following events,
whichever occurs earlier:
(a) when the Developer no longer owns any land within the Development,
or
(b) upon the voluntary surrender of all Class B Membership by the holder
thereof.
The period during which there is Class B Membership is sometimes referred to 1
herein as the "Declarant Control Period"
SECTION 4. Government Permits. All duties, obligations, rights and privileges
of the Declarant under any water, sewer, stormwater and utility agreements,
easements and permits for the Planned Community with municipal or governmental
agencies or public or private utility companies shall be the duties, rights, obligations
and privileges the responsibility of the Association.
ARTICLE IV.
COVENANTS' FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation_ of Assessments.
Each Lot Owner covenants and agrees to pay to the Association the . following
assessments (collectively the "Assessments"):
(a) Annual Assessments;
(b) Special Assessments for Capital Improvements;
(c) Insurance assessments;
(d) To the appropriate governing taxing authority, a pro rats share of ad valorem
taxes levied against the Common Area, if any; and a
(e) Working Capital Assessment
The Assessments, together with interest, costs and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the Assessments are made. Each such Assessment, together with
interest, costs and reasonable attorney's 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 delinquent Assessments shall not pass to the Owner's
successors in title unless expressly assumed by them.
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SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied,
by the Association shall be used exclusively to promote the recreation, health, safety's
and welfare of the Owners and residents of the Property and Additional Property and,
for the maintenance, repair and replacement of the Common Elements and any Limited
Common Elements. The funds arising from said assessments or charges, may be used
for any or all of the following purposes; Operations, maintenance and improvement of
the Common Elements, and any Limited Common Elements, including payment of
utilities, enforcing this Declaration; paying taxes, insurance premiums, legal andi
accounting fees and governmental charges; establishing working capital; paying dues
and assessments to any organization or master association of which the Association is ,I
a member; and in addition, doing any other things necessary or desirable in the opinion
of the Association to keep the Common Elements and Limited Common Elements in
good operating order and repair.
SECTION 3. Annual Assessments. At least 60 days before the beginning of
each calendar year, the Executive Board shall establish a proposed operations and
maintenance budget for the calendar year. If the amount of the budget does not
exceed the prior years budget by over 10 percent, then the budget shall become final
without approval of the members. If the budget exceeds the prior year's budget by 10
percent, then within 30 days after adoption of the proposed budget for the Planned
Community, the Executive Board shall provide to all of the Lot Owners a summary of
the budget and notice of a meeting to consider its ratification, including a statement
that the budget may be ratified without a quorum. The budget is ratified unless at the
meeting a majority of all of the Lot Owners in the Association rejects the budget. In
the event the proposed budget is rejected, the periodic budget last ratified by the Lot
Owners shall be continued until such time as the Lot Owners ratify a subsequent
budget proposed by the Executive Board. The budget thus established shall be the
Annual Budget.
Except as provided in SECTION 5 below, the Annual Assessment for each Lot
shall be fixed at a uniform rate for all lots on a per lot basis and shall be determined by
dividing the total budget by the number of lots in the subdivision. Notwithstanding the
foregoing, the first Annual Assessment shall be set by the Declarant prior to the
conveyance of the first Lot to an Owner. The due date for payment shall be
established by the Executive Board. The Executive Board shall have the authority to
require the assessments to be paid in periodic installments. The Association shall,
upon demand and for a reasonable charg_e furnish certificate signed by an officer of
the Association setting -forth whether the assessments on a specified Lot have been
SECTION 4 Special Assessments for Capital Improvements, In addition to the
Annual Assessments authorized above, the Association may levy, in any assessment
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year, a Special Assessment applicable to the year only for the purpose of defraying, ln�
whole or in part, the cost of any construction, reconstruction, repair or replacement ofl
a capital improvement upon the Common Elements and any Limited Common'
Elements, including fixtures and personal property related thereto, provided that any!
such assessment shall have the assent of a majority of the Members of each class who;
are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 5. Working Capital Assessment.. At the time title is conveyed to an,
owner by the Declarant, each Owner shall contribute to the Association as a working,
capital reserve an amount equal to two months of the estimated annual assessment. i
Such funds shall be used for initial operating and capital expenses of the Association,
including, without limitation, prepaid insurance, supplies and the Common Elements
furnishings and equipment, etc. Amounts paid Into the working capital fund are in
addition to and not to be considered as advance payment of regular assessments. Any'
working capital funds remaining at the end of the first full operating year shall be
transferred to and become part of the general funds of the Association, in the discretion
of the Executive Board. Transfers of ownership beyond the initial conveyance by the
Declarant (re -sales) shall be subject to reasonable transfer fees to be established by the
Executive Board.
SECTION 6. Rate of Assessment. The Association may differentiate in the
amount of Assessments charged when a reasonable basis for distinction exists, such
as between vacant Lots of record and Lots of record with completed structures for
which certificates of occupancy have been issued by the appropriate governmental
authority, or when any other substantial difference as a ground of distinction exists
between Lots. However, Assessments must be fixed at a uniform rate for all Lots
similarly situated.
SECTION 7. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 8. Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days
after the due date shall bear interest from the due date up to at the highest rate
allowable by law. The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien against the Owner's Lot.
No Owner may waive or otherwise escape liability for the Assessments provided for
herein by non-use of the Common Elements or abandonment of his Lot. All unpaid
Installment payments of Assessments shall become immediately due and payable if an
Owner falls to pay any Installment within the time permitted. The Association may
also establish and collect late fees for delinquent Installments.
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SECTION 9. Lien for Assessments. The Association may file a lien against a
Lot when any Assessment levied against said Lot remains unpaid for a period of 30
days or longer.
(a) The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of the county in which;
the Lot is located. The Association may foreclose the claim of lien in like manner as a�
mortgage on real estate under power of sale under Article 2A of Chapter 45 of thel
General Statutes Fees, charges, late charges, fines, interest, legal fees and other
charges imposed pursuant to this Declaration are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on a
Lot except (i) liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien
in the office of the Clerk of Superior Court, and (ill liens for real estate taxes and other
governmental assessments and charges against the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of the claim of
lien in the office of the Clerk of Superior Court.
(d) Any judgment, decree, or order in any action brought under this section shall
include costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage
or first deed of trust, such purchaser and Its heirs, successors and assigns shall not be
liable for the Assessments against the Lot which became due prior to the acquisition of
title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be
Common Expenses collectible from all of the Lot Owners Including such purchaser, Its
heirs, successors and assigns
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description
of the Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and
privileges which shall be in addition to the Special Declarant Rights and any other
rights, powers and privileges reserved to the Declarant herein:
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SECTION 1 . The Architectural Control Committee. All duties and
responsibilities conferred upon the Architectural Control Committee by this Declaratloii
or the Bylaws of the Association shall be exercised and performed by the Declarant o'ir
Its designee, so long as Declarant shall own any portion of the Property or any
Additional Property.
SECTION 2. Plan of Planned Community. The right to change, alter or re; -
designate the allocated planned, platted, or recorded use or designation of any of thE;:
lands constituting the Planned Community Including, but not limited to, the right tc)
change, alter or redesignate roads, utility and drainage facilities and easements and to
change, alter or redesignate such other present and proposed amenities or facilities a.i;
may in the sole judgment and discretion of Declarant be necessary or desirable. Thf�
Declarant hereby expressly reserves unto itself, Its successors and assigns, the right t6
re -plat any one (1) or more Lots shown on the plat of any subdivision 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 public or private roads or access areas, whether,
serving the Planned Community or other property or are needed for Common Elements
or amenities, 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 or
Common Elements.
The Declarant may at anytime dedicate to the public any private streets or utility
facilities within the Development.
SECTION 3 Amendment of Declaration by the Declarant. This Declaration
may be amended without member approval by the Declarant, or the Board of the
Association, as the case may be, as follows:
(a) In any respect, prior to the sale of the first Lot.
(b) To the extent this Declaration applies to Additional Property.
8C) 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.
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(f) To conform this Declaration to the requirements of any law or governmental
agency aving legal jurisdiction over the Property or any Additional Property.
(g) To address and accommodate (i) the broad range of uses permitted under the,
current zoning ordinance applicable to the Property and (ii) the fact that the Developer.
is unable to determine at this time the sizes of the various Lots which may UI
subjected to this Declaration, the Declarant may, at anytime the Declararit owns any:
land within the Development, amend this Declaration in any fashion Declarant deems1
appropriate. It is not the intention of this provision to circumvent the general or,
common scheme of development described herein but to accommodate situations or,
circumstances which may arise during the course of development and to alleviate:
practical differences and hardship in the enforcement and operation of this Declaration
In addition to amending this Declaration for such purposes, the Developer shall be,
entitled to grant variances and adjustments from these protective covenants as they,
apply to any particular Lot.
SECTION 4 Annexation of Additional Property. Declarant may annex to and
make a part of the Planned Community any other real property which Declarant now
owns or which Declarant may hereafter acquire or develop (the "Additional Property").
ARTICLE VI.
USE RESTRICTIONS ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No
building, wall or other structure shall be commenced, erected, or maintained upon any
Lot, nor shall any exterior addition to or change in or alteration therein (including
painting or repainting of exterior surfaces) be made until the plans and specifications
showing the nature, kind, shape, heights, materials, colors and location of the same
(including proposed setbacks and the location of outside walkways, drives, trash
containers, parking areas, parking area striping, storage areas/tanks, loading/service
areas and utilities, plus proposed lighting and signage) 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 its designee, or, after the
sale of all Lots by Declarant, by the Executive Board, or by an Architectural Control
Committee composed of three (3) or more representatives appointed by the Board. In
the event the Declarant, or its designee, or, if applicable, the Board, or the
Architectural Control Committee, fail's to approve or disapprove such design and
location within thirty (30) days after said plans and specifications have been submitted
to it, approval will not be required and this Article will be deemed to have been fully
complied with. 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 Architectural
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Control Committee shall be deemed sufficient. One copy of all plans and related datIa
shall be furnished to the Declarant, the Board, or Architectural Control Committee, as
the case may be, for Its records. Neither the Declarant, nor the Board, nor thtls
Architectural Control Committee shall be responsible for any structural or other defect:,5
in plans and specifications submitted to it or any structure erected according to such
plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
(a) Exterior Materials. The exterior of all buildings shall be constructed of woody
masonry, stucco and/or glass.
(b) Setbacks. The site and location of any house or structure upon any Lot shall.
be controlled by and must be approved absolutely by the Declarant, the Board, or the
Architectural Control Committee, as the case may be.
(c) Screening. All service utilities, garbage receptacles, exterior storage areas,
fuel tanks, and loading docks are to be enclosed within a screen of a type and size
approved by the Declarant, the Executive Board or the Architectural Control
Committee, so as to preclude the same from causing an unsightly view from any
highway, street or way within the Development, or from any other Lot within the
Development .
(d) Utilities. All secondary power Imes and communication lines on a Lot shall
be placed underground.
(e) Reservation for CP&L. Further, Declarant reserves the right to subject the
Property to a contract with Carolina Power & Light Company for the Installation of
underground electric cables and/or the Installation of street lighting, either or both of
which may require an initial payment and/or continuing monthly payment to Carolina
Power & Light Company by the Owner of each Lot, or by the Association on behalf of
the Lot Owners as a common expense.
O(f)Stormwater Regulations. Each Owner shall comply with all stormwater
runoff and other governmental regulations to the Owner's Lot as required by applicable
N. C. State and other governmental permits(the "Permits"), the built -upon area of each
Lot is limited and restricted to(859 of the Lot area. Built -upon area includes, but is
not limited to, structures, aspha , concrete, gravel, brick, slate and coquina, but does
not include raised, open wood decking, or the water surface of swimming pools. All
runoff from the built -upon area on each Lot shall be directed into the approved
stormwater management system as indicated by the approved stormwater
management plan for the Development covered by the Permits. An
access/maintenance easement to all stormwater facilities covered by the Permit will be
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granted/retained in favor of the permittee under the Permit if access to the stormwatex
facilities will be restricted by the sale of any portion of the Planned Community. ThEI
State of North Carolina is hereby made a beneficiary of this Declaration to the extem
necessary to enforce its stormwater runoff regulations. This paragraph may not bE�
changed or deleted without the consent of the State of North Carolina.
SECTION 3 Use Restrictions.
(a) Land Use And Building T /De No Lot shall be used for any purpose except
for residential purposes other than the "Common Area" which may be used for
recreational purposes Any building erected, altered, placed or permitted to remain on
any lot shall be subject to the provisions of Article VI of this Declaration relating to'
architectural control
(b) 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 other nature as may diminish or destroy
the enjoyment of the other property in the neighborhood by the owners thereof. It shall
be the responsibility of each Owner to prevent the development of any unclean,
unsightly or unkempt condition of buildings or grounds on such lot which would tend
to substantially decrease the beauty of the neighborhood as a whole or the specific
area.
(c) Temporary Structures,. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at
any time either temporarily or permanently without the written consent of the
Association or its designee; provided, however, that this shall not prevent the use of a
construction trailer or office on any part of the Planned Community until the
construction of Improvements are completed
(d) Construction in Common Elements. No person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common Elements or
limited common elements except at the direction or with the express written consent
of the Association.
(e) Signs. No signs (including "for sale" or "for rent" signs) shall be permitted
on any Lot or in the Common Elements without prior written permission of the
Executive Board.
(f) Subdividing Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written
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consent of the Declarant during the period of Declarant control of the Association and
thereafter by the Executive Board.
SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free frorr,i
weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall
be kept neat and in good condition and repair. All shrubs, trees, grass and planting;,
shall be kept neatly trimmed and properly cultivated. Each Owner shall maintain anal
keep in good repair the exterior of all structures and all parking areas and other exterior
facilities. Parking areas, sidewalks and grounds shall be kept clear and free of snow,,
ice, rubbish and obstructions of every nature with adequate drainage and lighting!
provided thereon. Striping on parking areas shall be renewed as necessary to remain
bright and visible. Any structures damaged or destroyed by fire or other casualty shall4
immediately be repaired, replaced, or demolished and the site left clean and neat.1
Burned out light bulbs shall be replaced immediately. Not withstanding Section 2. A.
herein, normal maintenance responsibility of the Association shall be limited to
Common Areas and Limited Common Areas
ARTICLE VII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subiect to Declaration. The covenants and restrictions
contained in this Declaration are for the purpose of protecting the value and desirability
of the Planned Community and the Lots contained in it. 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
run with and bind the land and shall bind any person having at any time any interest or
estate in any Lot, their heirs, successors and assigns, as though such provisions were
made a part of each and every deed of conveyance or lease, for a term of twenty (20)
years from the date this Declaration is recorded, after which time they shall be
automatically extended for successive periods of ten (10) years, unless terminated by
the Lot Owners.
SECTION 2. Enforcement and Remedies The covenants and restrictions of
this Declaration shall inure to the benefit of and be enforceable (by proceedings at law
or in equity) by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns. The Executive Board shall be entitled
to enforce its Articles of Incorporation, Bylaws and Rules and Regulations. In addition
to the remedies otherwise provided for herein concerning the collection of
Assessments, the following remedies shall be available:
Declaration of Covenants, Conditions and Restnctlons
AVENIR
15
F WSHAREtiREM)ECLRESMAventAAvenir 051403 doe

(a) Association to Remedy Violation. In the event an Owner (or other occupant
of a Lot) is in violation of or falls to perform any maintenance, correct an architectural
control violation, or other activities required by this Declaration, the Association';;
Bylaws, Charter or Rules and Regulations, the Executive Board or its designee, after
30-days notice, may enter upon the Lot and remedy the violation or perform the:
required maintenance or other activities, all at the expense of the Owner, and sucl`
10
entry shall not be deemed a trespass. The full amount of the cost of remedying the
violation or performing such maintenance or other activities and shall be chargeable ta;
the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall
be due and payable within 30 days after Owner is billed. If not paid within said 30,
day period, the amount thereof may Immediately be added to and become a part of thd;
Annual Assessment levied against said Owner's Lot. In the event that any
maintenance activities are necessitated to any Common or Limited Common Elements;
by the willful act or active or passive negligence of any Owner, his family, guests,
invitees or tenants, and the cost of such maintenance, repair or other activity is not
fully covered by insurance, then, at the sole discretion of the Board of Directors of the',
Association, the cost of the same shall be the personal obligation of the Owner and if
not paid to the Association upon demand, may immediately be added to and become a
part of the Annual Assessment levied against said Owner's Lot. Notwithstanding the,
foregoing, the Association shall not have a lien for the cost of any maintenance and
repairs mentioned in this section if the Association is obligated to make such repairs or
conduct such maintenance by virtue of yards or structures being Limited Common
Elements.
(b) Fines. The Association may establish a schedule of and collect fines for the
violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or
Rules and Regulations consistent with NC General Statutes and other applicable laws
and regulations. If an Owner does not pay the fine when due, the fine shall
immediately become a part of and be added to the Annual Assessment against the
Owner's Lot and may be enforced by the Association as all other Assessments
provided for herein.
(c) Suspension of Services and Privileges. The Association may suspend all
services and privileges provided by the Association to an Owner (other than rights of
access to Lots) for any period during which any Assessments against the Owner's lot
remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot
is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or
Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by 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. The remedies provided herein are cumulative
and are in addition to any other remedies provided by law.
Declaration of Covenants, Conditions and Restrictions
AVENIR
16
F 15HAREIRETECLREST\AveniMvemr 051403 doc

ARTICLE Vill.
GENERAL PROVISIONS.
SECTION 1. Insurance. Each Owner will maintain fire and casualty insurances
covering the improvements on the Owner's Lot in the minimum amount of 80% of theI
replacement value of the improvements. The Owner will provide Declarant or the `I
Association with such evidence that the required Insurance is in effect as Declarant
may reasonably request.
SECTION 2 Rights of Institutional Note Holders_ Any Institutional holder of a�
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records ofi
the Association during normal business hours, (b) receive an annual audited frnanclal�
statement of the Association within ninety (90) days following the end of its fiscal
year, (c) receive written notice of all meetings of the Association and right to designate
a representative to attend all such meetings, (d) receive written notice of any
condemnation or casualty loss that affects either a material portion of the Planned
Community or the Property securing its loan, (e) receive written notice of any sixty-day
(60) delinquency in the payment of assessments or charges owed by any Owner of j
any property which is security for the loan, (f) receive written notice of a lapse,
cancellation, or material modification the end of its fiscal year, (c) receive written
notice of all meetings of the Association and right to designate a representative to
attend all such meetings, (d) receive written notice of any condemnation or casualty
loss that affects either a material portion of the Planned Community or the Property
securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the
payment of assessments or charges owed by any Owner of any property which is
security for the loan, (f) receive written notice of a lapse, cancellation, or material of
any insurance policy or fidelity bond maintained by the Association, (g) receive written
notice of any proposed action that requires the content of a specified percentage of
mortgage holders, and (h) be furnished with a copy of any master insurance policy.
SECTION 3 Utility Service. Declarant reserves the right to subject the
Property to contracts for the installation of utilities, cable TV and street lighting, which
may require an initial payment and/or a continuing monthly payment by the Owner of
each Lot. Each Lot Owner will be required to pay for any water connections, sewer
connections, impact fees or any other charges imposed by any entity furnishing water,
sewer or other utility service to the Lots In the alternative, the Developer may collect
such connection, impact and other fees, and charges directly from the Lot Owners. All
Lot Owners shall be required to use water and sewer supplied by the
companies/governmental units servicing the Planned Community. Separate water
systems for outside irrigation and other outdoor uses shall not be permitted without
the consent of the Declarant or the Association
Declaration of Covenants, Conditions and Restrictions
AVENIR
17
F 1SHAMREMSCLREST1AvemMvemr 051403 doc

SECTION 4. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no way affect any other provision:;
which shall remain in full force and effect.
SECTION 5. Amendment of Declaration. Except in cases of amendments that
may be executed by the Declarant under this Declaration, this Declaration may bE!
amended by affirmative vote or written agreement signed by Owners of Lots to whirr
at least sixty-seven percent (67%) of the votes in the Association are allocated, or bye
the Declarant if necessary for the exercise of any right reserved to the Declarant
herein.
(Remainder of Page Intentionally left blank)
(Signature Page Follows)
Declaration of Covenants, Conditions and Restrictions
AVENIR
18
F ISHARMReDECLRESrAvenieAvernr 051403 doc

IN TESTIMONY WHEREOF, the Declarant has caused this Declaration to b+la
executed in its company name, by its duly authorized Manager, and has adopted as it-'S
seal the,word "SEAL" appearing at or beside the signature line of its Manager, all the dad
and year first above written.
AVENIR DEVELOPMENT, LLC.
a North Carolina Limited Li Company
By: (SEAL
C. G. YE ES, nag
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, kk L. bsc> a Notary Public in and for the'
aforesaid County and ttate do hereby certify that C. G. YERKES personally appeared
before me this day and acknowledged that he is Manager of AVENIR DEVELOPMENT,;
LLC, a limited liability company, and that he, as Manager, being authorized to do so,
executed the foregoing deed on behalf of the company
WITNESS my hand and notarial seal this the/-eday of May, 2003,
My Com MtOkxpires:
Notary blic
(NOTARIAL S AL) ������ ,OL!FTOHz/i�
�; NOTARY n
PUBLIC V
-y
0VER G4U;`\\��\`
IIIiiIM
Declaration of Covenants, Conditions and Restrictions
AVENIR
19
F IS HAREIREIDECLRES71AveniMyonir 0514C3 doc

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
#Arw++rAA++r+Rlr+r+r!#RAlNRAiifr#•!l++fAlt•r+erlrwrrrrw!lrrwrwl+wrlfArwff!#arrwfrrrwrrrrRwr+rAwflrRrr!lRrfN#fril+fr+•
Filed For Registration: 07/29/2003 02:05:19 PM
Book: RE 3920 Page: 792-811
Document No.: 2003048057
DECL 20 PG$ $08.00
Recorder: MARVIS ANN STORER
RRwrRRRwwr•RRw+•RRRAAAw#A#RAwARRRr+A#AR•!+#Rl+r+rlrrARNRR!!lARAA+•ARRf+RAR1irRRr+++Rrrrr#f+MR!#RRw•#ArwrAARl++RRw++AAA
State of North Carolina, County of New Hanover
The foregoing certificate of AUDREY CLIFTON ROSS Notary Is certified to be correct. This 29TH of .July 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/AsslatentRegister of Deeds
wfirrwwfArRAwfA#RwfRRRRw#Awwwr•Rfw+rr•w#RRRRr#rRwr###wr•r#w•rsrA+#i#wRRAr#lRArrMAM+RrfrMRfif#ri+}f!!!A!!!!if!!+#r+l+r
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003048057*
2003048057

Pusey, Steven
From:
Pusey, Steven
Sent:
Friday, October 12,.2012 1:39 PM
To:
'J. C. Heame'
Cc:
Scott, Georgette
Subject:
RE: RE:
As this permit is not transferred to the HOA yet, DWQ would be required to enforce on the current permit own(;!r of
record, John Lennon.
Regards,
Steve Pusey
DWQ
From: J. C. Hearne[mailto:jchCa)whiteandhearne.com]
Sent: Friday, October 12, 2012 11:29 AM
To: Pusey, Steven
Subject: RE:
Hello Steven, Thanks for the email to clarify I represent the homeowner themselves. Dickson Mclean representsithe
developer Avenir, LLC. The question on the table between us and them is, who will the DWQ penalize? They want us to
bear the cost but we think they should. I realize in the eyes of DWQ that may be irrelevant but my people are asking
since they will pay a fee for the Amendment and want to keep costs down if the developer should have done thi s
already. jc
J.C. Hearne, 11
Attorney at Law
Board Certified Specialist in Real Property Law: Residential, Commercial, Business and Industrial Transai..tions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
[e-mail]
whiteandheame.com
www.whiteandheame.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attomey-client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, disseminatiori,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message from your
system and do not retain any copies, whether in electronic or physical form or otherwise.
From: Pusey, Steven [mailto:st:even.puseyc ncdenr.goyI
Sent: Thursday, October 11, 2012 2:43 PM
To: J. C. Hearne
Cc: Scott, Georgette
Subject: RE:
Yes. My job is to get these deed restrictions corrected so that the permit is in compliance. The permit and approved
plans are based on Units, not Lots. Therefore, as we discussed, please follow through and get that done. As stated
before, the following change is required to the deed restrictions paragraph 2.f:

6
d; Ci lJ t;;rl'1'Yit' CC 1.11j'�� �.\ �w'•k5
cirr-. j.--a < :. -�,... ,-as:rn.:. �<: ;; .nat:,-. . � ._.-_ �•xc.�_.'� �_ a_' �r�� t�.ae_ _c. .:_:.i:.'v�;t-__r_. �—...:^e•.,:arn..x;,;�:�-,az=�x:is^t::x"w,.:ax.:r.,....z-;-,•.: -:.,;. �: �.:xs -.»

"... the built -upon area of each Unit is limited and restricted to 3,000 square feet of built -upon area"
in lieu of "... the built -upon area of each Lot is limited to 85% of the Lot area."
Much thanks,
Steve Pusey
Environmental Engineer i
DWQ
From: J. C. Hearne[mailto:jch(&whiteandhearne,coml i
Sent: Thursday, October 11, 2012 10:30 AM
To: Pusey, Steven
Subject:
Hey Steven have you had a chance to review my prior emails? comments? Thanks jc
J.C. Hearne, II
Attorney at Law
Board Certirred Specialist -in Real Property Law: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
ich(cDwhiteandheame.com
www.whiteandheame.com
NOTICE:: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attomey-client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, disseminatiop,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message fronri your
system and do not retain any copies, whether in electronic or physical form or otherwise.

iI w
9

Pusey, Steven
From:
Pusey, Steven
Sent:
Thursday, October 11, 2012 2:43 PM
To:
'J. C. Hearne'
Cc:
Scott, Georgette
Subject:
RE:
Yes. My job is to get these deed restrictions corrected so that the permit is in compliance. The permit and approved
plans are based on Units, not Lots. Therefore, as we discussed, please follow through and get that done. As stated
before, the following change is required to the deed restrictions paragraph 2.f:
"... the built -upon area of each Unit is limited and restricted to 3,000 square feet of built -upon area"
in lieu of "... the built -upon area of each Lot is limited to 85% of the Lot area."
Much thanks,
Steve Pusey
Environmental Engineer
DWQ
From: J. C. Hearne [mailto:[e-mail]]
Sent: Thursday, October 11, 2012 10:30 AM
To: Pusey, Steven
Subject:
Hey Steven have you had a chance to review my prior emails? comments? Thanks jc
J.C. Hearne, 11
Attorney at Law
Board Certified Specialist in Real Property Law: Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
'chOwhiteandhearne.com
www.whiteandhearne.com
NOTICE. The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attomey-client privilege and intended only for the use of the intended recipients. If
the reader of this message is not an intended recipient, you are hereby notified that any review,. use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,,
please immediately notify us of the error by return email and permanently remove any copies of this message fromyour
system and do not retain any copies, whether in electronic or physical form or otherwise.

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Pusey, Steven®
From: J. C. Hearne [e-mail]]
Sent: Monday, October 08, 2012 11:07 AM
To: Pusey, Steven
Cc: tsaude
Hello Steven, before I am authorized to proceed further with the Avenir matter my clients want me to ask you'two
questions. One, who does DWQ
hold legally responsible for getting the Amendment done.?ISecond,
if the Amendment is not done who will the DWQ go after with penalties etc.? I look forward to your response jcl:
J.C. Hearne, 11
Attorney at Law
Board Certified Specialist in Real Property Law. Residential, Commercial, Business and Industrial Transactions
White & Hearne, LLP
265 Racine Drive Suite 104
Wilmington NC 28403
Telephone: [phone]
Facsimile: 910-798-9294
6ch whiteandhearne.com
www.whiteandheamg.com
NOTICE: The information and all attachments contained in this electronic communication are legally privileged and
confidential information subject to the attorney -client privilege and intended only for the use of the intended recipieInts. If
the reader of this message is not an intended recipient, you are hereby notified that any review, use, dissemination,
distribution or copying of this communication is strictly prohibited. If you have received this communication in error,
please immediately notify us of the error by return email and permanently remove any copies of this message fronI your
system and do not retain any copies, whether in electronic or physical form or otherwise.

I
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Van,
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Steven
From: Pusey, Steven
Sent: Thursday, September 27, 2012 10:36 AM
To: 'tsaude'
Subject: RE. common area deed storm water permit update
Mr. Saude,
As I stated before, the previous inspection will be in compliance once the deed restrictions are amended and recorded.
Can you get that done without Mr. Lennon?
Concerning the transfer of the permit, that is between your HOA and Mr. Lennon. One of the requirements is thiat Mr.
Lennon transfer the deed for the common area over to the HOA. Mr. Lennon has told us that he is ready to transfer the
deed and submit the transfer form but is waiting on you to amend the deed restrictions. Please reference Mr. L(i nnon's
email to Mr. Hearne of 9/10/12, which states the following:
Jc,
Hope all is well with you. In a good faith effort to finalize the affairs of the dissolved entity, Avenir Development, LLC, I have completed the stormtivater
permit transfer application and am prepared to execute the deed for the transfer of the Common Area. Steven Pusey at DWQ advised me that then
Declaration needs to be changed to reflect the restriction in the permit in order for it to be in compliance at the time of transfer. As I have no coni.roi over
that document anymore 1 wanted to see how you would like to proceed. While I can transfer the permit without the HOA consent, I would prefer". have it
compliant when the transfer occurs. Thanks very much.
John Lennon
910-239-5895
1 mope this information Kelps. Can you please get back with me and advise about getting the deed restrictions
amended?
Thanks,
Steve Pusey
From: tsaude (mailto:[e-mail])
Sent: Thursday, September 20, 2012 4:25 PM
To: Pusey, Steven
Subject: RE. common area deed storm water permit update
Importance: High
Mr. Pusey,
Our attorney has been unable to contact Mr. Lennon's attorney.
In an earlier email to me you stated:
Yes, there is a timeline. Amending the deed restrictions is necessary to bring the project into compliance. Howevi2r, the
timeframe depends on what answer I get. 1f they tell me it will take a year to get the Declaration amended, obvioysly
that won't suffice. I would think this should only take a couple weeks.
Steve Pusey

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Mr. Lennon has known about this since Nov of 2011. Will it be a year this November? if you can't tell me when he has
to have this done, then is there a more senior official of NCDENR that could? Is there a statue or state law or policy
within NCDENR that dictates the timely response to infractions? Still no contact from Mr. Lennon or his attorney to the
Avenir board. The Avenir board has approved the one change you stated in a previous email.
This is a time sensitive issue, please forward this email to the proper NCDENR representative for review if possible.
r/s
Mr. Saude
From: Pusey, Steven[maiIto: steven.pusgy(cbncdenr.aov]
Sent: Friday, September 14, 2012 3.36 PM
To: tsaude
Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
Okay, thanks. I look forward to hearing from you.
Steve Pusey
From: tsaude fmailto:[e-mail]
Sent: Friday, September 14, 2012 3:31 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
I will have a course(s) of action for you by next week from our lawyer.
From: Pusey, Steven [mailto:[e-mail]]
Sent: Thursday, September 13, 2012 2:31 PM
To: tsaude
Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
The lawyer representing your HOA, Mr. Hearne, said that you had a small Board and could easily have a meeting rind
agree to amend the Declaration. So, can you give me an estimated date as to when you can have that done? I alrleady
asked your lawyer, Mr. Hearne, but he has not responded.
Steve Pusey
DWQ
From: tsaude [mailto:tsaude0ec.m.com]
Sent: Thursday, September 13, 2012 2:01 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Good luck...
From: Pusey, Steven v n. se n enr. v]
Sent: Wednesday, September 12, 2012 9:45 AM
To: tsaude
Subject: RE: common area deed storm water permit update

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Yes, there is a timeline. Amending the deed restrictions is necessary to bring the project into compliance. However, the
timeframe depends on what answer I get. if they tell me it will take a year to get the Declaration amended, obviously
that won't suffice. I would think this should only take a couple weeks.
Steve Pusey
From: tsaude fmailto:[e-mail]]
Sent: Wednesday, September 12, 2012 9:41 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Mr. Pusey,
So I understand, there is no time limit on getting this done as far as the NCDLNR is concerned?
Mr. Saude
From: Pusey, Steven[maJIto:steven.puseyancdenr.gov]
Sent: Wednesday, September 12, 2012 8:31 AM
To: tsaude
Subject: RE: common area deed storm water permit update
I have had some correspondence in the last couple days with Mr, Lennon, and lawyers J.C. Hearne and Dickson IV.IcLean.
I have asked for an estimated date from J.C. Hearne as to when they will be able to submit the amended Declaration but
have not heard a response yet. Hopefully, he will get back with me today. You may also want to check with Mr. Hearne
on this matter.
Steve Pusey
DWQ
From: tsaude [mailto:tsa,Vde@ec_rr_&oml
Sent: Wednesday, September 12, 2012 7.37 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Is there a time line established to have this done?
From: Pusey, Steven[mailto:steven.nuse-y@ncdenr.00v]
Sent: Monday, September 10, 2012 8:23 AM
To: tsaude
Subject: RE: common area deed storm water permit update
As soon as we receive it, I will let you know.
Steve Pusey
From: tsaude m iI u e ec.rr.com
Sent: Sunday, September 09, 2012 7:43 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Mr. Pusey
Please let me know when you receive your finalized permit paperwork completed from Mr. Lennon. (changes to
covenants, storm water deed, etc...)
Thank you in advance

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Mr. Saude
From: Pusey, Steven[mailto:steven.puse—&ncdenr.00v]
Sent: Friday, September 07, 2012 10:16 AM
To: tsaude
Subject: RE: common area deed storm water permit update
Yes.
From: tsaude [mailto:[e-mail]]
Sent: Friday, September 07, 2012 9:58 AM
To: Pusey, Steven
Cc: [e-mail]
Subject: RE. common area deed storm water permit update
Mr. Pusey,
Did you receive my last email?
Mr. Saude
From: Pusey, Steven [maiito:steyen.uusey_@ncdenr.-gov]
Sent: Thursday, September 06, 2012 12:59 PM
To: tsaude
Subject: RE: common area deed storm water permit update
Mr. Saude,
Can you advise when the deed restrictions will be amended and recorded? This is important so that the permit can be
brought into compliance.
Thanks,
Steve Pusey
DWQ
From: tsaude [mailto:tsaude(cbec.rr.com}
Sent: Friday, August 31, 2012 7:13 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
So it not every ten years. But 4 years now?
From: Pusey, Steven [mailto:[e-mail]}
Sent: Wednesday, August 29, 2012 8:47 AM
To: tsaude
Subject: RE: common area deed storm water permit update
The previous inspection will be in compliance once the deed restrictions are amended and recorded.
I cannot make any guarantees about future inspections. However, most likely, it will not be inspected again until it's
time to renew the permit, which is set to expire in September of 2016.
Steve Pusey

ta: hwv lopwo
[:'offCI: r: J!"o I I I qQj I

DWQ
From: tsaude m it d .rr m
Sent: Tuesday, August 28, 2012 7:24 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
So if all garden areas have more than 101% that' ok?
From: Pusey, Steven [mailto:steven.ouse&ncdenr,aovl
Sent: Monday, August 27, 2012 3:40 PM
To: tsaude
Subject: RE: common area deed storm water permit update
Importance: High
Mr. Saude:
As stated before, the proposed wording for the amendment to the deed restrictions paragraph 2.f should be as follows:
"...the built -upon area of each Unit is limited and restricted to 3,000 sf of built -upon area" in lieu of "...the built -upon
area of each Lot is limited to 85% of the Lot area".
Also, it has been determined by the engineer, Phil Tripp, that the impervious area left over for the garden areas, i.alled
courtyards on the architectural plans, is 100 sf. This means that 10% impervious area is allowed in the garden areas,
which have a total area of about 1,000 sf each. I don't think it is necessary to add this into the deed restrictions ars it was
not mentioned before now.
Regards,
Steve Pusey
DWQ
From: tsaude [mailto:tsaude@ec.[r.com]
Sent: Tuesday, August 21, 2012 10:55 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Thank you Mr. Pusey.
1t was informative for me as well.
As I stated, I am asking for an answer by close of business Friday, from the DENR. Our next scheduled board meeting is
this Saturday, if the language is proper as we discussed, then by our meeting, I will recommend those of which we;spoke
about. Please forward me the draft of what changes we would make to the deed restrictions please.
The board will approve the changes to the deed restrictions at that time.
Please try and forward an answer by Friday. This is a time sensitive issue.
r/s
Mr. Saude
Vice President
ACA
From: Pusey, Steven [maiIto: Agven.ousey ncdenr.aov]
Sent: Tuesday, August 21, 201210:02 AM
To: tsaude

J J'.t si"
�u 4:1

Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
Mr. Saude,
It was a pleasure to meet you today. I am following up with Phil Tripp about his engineer certification for Avenir. As
soon as I hear back from him, l will let you know what specific actions need to be taken regarding a possible change to
impervious area, if any, and what changes need to be made to the deed restrictions.
As discussed in our meeting today, the general requirements that need to be completed are as follows:
1. Deed restrictions to be amended by the HOA
2. Deed of common areas to be transferred to HOA by Mr. Lennon
3. Permit Transfer Request form to be completed and signed by Mr. Lennon
Regards,
Steve Pusey
From: tsaude fmailto:[e-mail]]
Sent: Thursday, August 09, 2012 5:25 PM
To: Pusey, Steven
Subject: FW: common area deed storm water permit update
Mr. Pusey,
Mr. Lennon has not contacted board about any information or data required to transfer our common area deed. One
board member in May 2012 contacted him about the delay in the common area deed transfer. Mr. Lennon stateil he
had a problem with the storm water permit certification, (states he's been working on it for 4 months, nothing else. )
I have enclosed my synopsis based upon public records held by your office obtained this week.
I am urgently requesting a meeting with you to discuss the Avenir Community Association (ACA) issues raised by my
findings this week at your office.
I would prefer you not discuss this with Mr. Lennon until after I meet with you.
Monday after 1 pm would be great, if not please let me know when your available.
r/s
Mr. Saude
Vice President.
ACA
From: tsaude [mailto:tsaudeaec.rrr.com]
Sent: Wednesday, August 08, 2012 4:25 PM
To: [e-mail]; Carol crumpler; dianehardinci a ec.rr.com
Subject: common area deed storm water permit update
Board members,
please refrain from discussing this document outside the board, until our board meeting on 25 August. If you have any
questions about it, please send them to me, so I can compile a list for Mr Steven Pusey.
I am trying to schedule a meeting with Steven Pusey, of the NCDENR in Wilmington. If anyone is available and would like
to go along please let me know. He may be able to answer any questions we might propose.
I am still needing to meet with Jim Diepenbrock of the City planner regarding the Avenir file they have to see if any
further data is available with regards to Avenir. I spoke to him once and seemed agreeable to making copies of the file
he has.
r/s
Terry

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Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, September 11, 2012 2:50 PM 0
To: '[e-mail]'
Cc: Scott, Georgette
Subject: FW: NOV - Avenir Subdivision
Dear Mr. Hearne:
It was a pleasure talking with you today and thanks for clarifying things. Here is a string of emails that was sent to Mr.
Lennon on May 9. Please note the original email to Phil Tripp, the engineer on the project. In this email it states the
changes that are required to the Declaration. For your convenience, I will restate below:
Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each Unit is
limited and restricted to 3,000 sf of built -upon area."
The statement above would be in lieu of the current wording which is: "...the built -upon area of each Lot is limited to
85% of the Lot area".
Please advise if you have any questions. I hope this is enough to get the ball rolling.
Please confirm that things are proceeding and advise a date when you believe you can submit a copy of the amended
Declaration to me. This will bring the permit into compliance, which is a requirement in order to transfer it to the
Owners Association.
Thanks,
Steve Pusey
DWQ
From: Pusey, Steven
Sent: Wednesday, May 09, 2012 2:24 PM
To: 'John Lennon'
CC: Scott, Georgette; 'Phil Tripp'
Subject: RE: NOV - Avenir Subdivision
Dear Mr. Lennon:
We have received the engineer's certification and the house floor plan from Phil Tripp. The floor plan is in accordance
with the original design of allowable SUA, which is not greater than 3,000 square feet per unit.
In response to your email, the change is required on the Declaration of Covenants, Conditions, and Restrictions
document for Avenir, "The Declaration". If you no longer have control over this document, I suggest you have someone
from the Avenir Board of Directors make the change and record it with New Hanover County since they are allowed to
make this change according to the Declaration (reference Article V, Section 3.f). Once complete, I will need a copy of
this recorded Amendment. The changes need to be affected before we can call the permit compliant, and it must be
compliant before we can transfer the permit to the Avenir HOA.
In addition, we need a copy of the deed transfer for the common areas to the HOA. And, finally, please provide
documentation showing that the proposed permittee (Avenir HOA) is a legal entity and that the named representative

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Pusey, Steven
From:
Pusey, Steven
Sent:
Friday, July 27, 2012 8:24 AM
To:
'John Lennon'
Cc:
Scott, Georgette
Subject:
RE: NOV - Avenir Subdivision
Dear Mr. Lennon:
How are things going with the HOA Board? It has been almost a couple months since we last conversed.
Steve Pusey
910-796-7334
From: John Lennon [mailto:[e-mail]
Sent: Tuesday, June 05, 2012 11:33 PM
To: Pusey, Steven
Cc: Scott, Georgette; Phil Tripp
Subject: Re: NOV - Avenir Subdivision
Steven,
I am communicating with the HOA Board in an effort to address your requirement of amending the documents. Is there a form I need to complete to
transfer the permit once that requirement is complete? Thanks very much.
John Lennon
From: "Pusey, Steven" <[e-mail]_>
Date: Wednesday, May 9, 2012 2:24 PM
To: John Lennon <[e-mail]>
Cc: "Scott, Georgette" <ReorPette.scott@ncdenr.g_ov>, Phil Tripp
Su - • I:.AlQ.1L Avenir Subdivision
Dear Mr. Lennon:
We have received the engineer's certification and the house floor plan from Phil Tripp. The floor plan is in accordance
with the original design of allowable BUA, which is not greater than 3,000 square feet per unit.
In response to your email, the change is required on the Declaration of Covenants, Conditions, and Restrictions
document for Avenir, 'The Declaration". If you no longer have control over this document, I suggest you have someone
from the Avenir Board of Directors make the change and record it with New Hanover County since they are allowed to
make this change according to the Declaration (reference Article V, Section 3.f). Once complete, I will need a copy of
this recorded Amendment. The changes need to be affected before we can call the permit compliant, and it must be
compliant before we can transfer the permit to the Avenir HOA.
In addition, we need a copy of the deed transfer for the common areas to the HOA. And, finally, please provide
documentation showing that the proposed permittee (Avenir HOA) is a legal entity and that the named representative
has the authority to act on its behalf. Sources for this information may include but are not limited to the Office of
Secretary of State, legal deeds, and meeting minutes.
Let me know if you have further questions.

I

Regards,
Steve Pusey
DWQ
From: John Lennon [mailto:iohnlennon2oceancrest.com]
Sent: Monday, May 07, 2012 10:36 PM
To: Phil Tripp; Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Mr. Pusey,
I will complete the transfer documentation. Can you please clarify the change to the deed restrictions? I know longer have any control overthe HOA
documents and I was not clear whether you were referring to those or the permit itself?Thanks very much.
John Lennon
910-239-5895
From: Phil Tripp <[e-mail]>
Date: Thu, 3 May 2012 14:36:55 -0400
To: "'Pusey, Steven"' <[e-mail]>
Cc: John Lennon <johnlennon@o_ceancrest.com>
Subject: RE: NOV - Avenir Subdivision
Steve,
Will do.
We have the architectural floor plan and we are preparing the certification.
Thank you,
Phil
From: Pusey, Steven[mailto:steven.puseyflncdenr.aov]
Sent: Thursday, April 26, 2012 10:42 AM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks, Phil. I look forward to receiving the footprint and certification.
There are a couple other issues to deal with on this permit, as follows:
1. Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each
Unit is limited and restricted to 3,000 sf of built -upon area."
2. The owner, John Lennon, wants to transfer this permit to the HOA. As such, he needs to fill out and sign the
Permit Transfer Request form for an HOA. This development is subject to the Planned Community Act, Chapter
47F laws. Therefore, he does not need the HOA's signature to complete the transfer. The requirements to
transfer are shown on the form (reference DWQ website). I also talked with Mr. Lennon about this form and he
may already have a copy.
Let me know if you have any questions about this transfer procedure. I just thought it would be good to get that process
started as the paperwork can take considerable time.
Can you copy in Mr. Lennon on this email? I don't seem to have his email address.
Thanks,

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From:
Pusey, Steven
Sent:
Tuesday, September 11, 2012 8:53 AM
To:
'John Lennon'; [e-mail]
Cc:
Dickson McLean
Subject:
RE: Avenir Subdivision
According to the Board of the Association for Avenir, the Registrar of Deeds representative stated that even though
Avenir, LLC has dissolved, Mr. Lennon, as previous manager of the LLC, is required to make changes to the deed
restrictions if deemed necessary.
Also, the Declaration of Covenants, Conditions, and Restrictions specifically state, in Article 5, Sec. V, that the
Declaration may be amended without member approval by the Declarant or the Board of the Association to conform
this Declaration to any law or governmental agency having legal jurisdiction over the Property.
Regards,
Steve Pusey
DWQ
From: John Lennon [mailto:[e-mail]]
Sent: Monday, September 10, 2012 8:31 PM
To: [e-mail]
Cc: Pusey, Steven; Dickson McLean
Subject: Avenir Subdivision
Jc,
Hope all is well with you, in a good faith effort to finalize the affairs of the dissolved entity, Avenir Development, LLC, I have completed the stormwater
permit transfer application and am prepared to execute the deed forthe transfer of the Common Area. Steven Pusey at DWQ advised me that the
Declaration needs to be changed to reflect the restriction in the permit in order for it to be in compliance at the time of transfer. As I have no control over
that document anymore I wanted to see how you would like to proceed. While I can transfer the permit without the HOA consent, I would prefer to have it
compliant when the transfer occurs. Thanks very much.
John Lennon
910-239-5895

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Pusey, Steven
From:
Pusey, Steven
Sent:
Thursday, September 13, 2012 2:31 PM
To:
'tsaude'
Cc:
Scott, Georgette
Subject:
RE: common area deed storm water permit update
The lawyer representing your HOA, Mr. Hearne, said that you had a small Board and could easily have a meeting and
agree to amend the Declaration. So, can you give me an estimated date as to when you can have that done? I already
asked your lawyer, Mr. Hearne, but he has not responded.
Steve Pusey
DWQ
From: tsaude [maiito:[e-mail]]
Sent: Thursday, September 13, 2012 2:01 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Good luck...
From: Pusey, Steven [mailto:[e-mail]]
Sent: Wednesday, September 12, 2012 9:45 AM
To: tsaude
Subject: RE: common area deed storm water permit update
Yes, there is a timeline. Amending the deed restrictions is necessary to bring the project into compliance. However, the
timeframe depends on what answer I get. If they tell me it will take a year to get the Declaration amended, obviously
that won't suffice. I would think this should only take a couple weeks.
Steve Pusey
From: tsaude fmailto:[e-mail]1
Sent: Wednesday, September 12, 2012 9:41 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Mr. Pusey;
So I understand , there is no time limit on getting this done as far as the NCDENR is concerned?
Mr. Saude
From: Pusey, Steven[mailto:[e-mail]
Sent: Wednesday, September 12, 2012 8:31 AM
To: tsaude
Subject: RE: common area deed storm water permit update
I have had some correspondence in the last couple days with Mr. Lennon, and lawyers J.C. Hearne and Dickson McLean.
I have asked for an estimated date from J.C. Hearne as to when they will be able to submit the amended Declaration but
have not heard a response yet. Hopefully, he will get back with me today. You may also want to check with Mr. Hearne
on this matter.

Steve Pusey
DWQ
From: tsaude [mailtoasaude6 ec.rr.com]
Sent: Wednesday, September 12, 2012 7:37 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Is there a time line established to have this done?
From: Pusey, Steven[mailto:[e-mail]]
Sent: Monday, September 10, 2012 8:23 AM
To: tsaude
Subject: RE: common area deed storm water permit update
As soon as we receive it, I will let you know.
Steve Pusey
From: tsaude rmailto:[e-mail]
Sent: Sunday, September 09, 2012 7:43 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Mr. Pusey
Please let me know when you receive your finalized permit paperwork completed from Mr. Lennon. (changes to
covenants, storm water deed, etc...)
Thank you in advance
Mr. Saude
From: Pusey, Steven [mailto:[e-mail]]
Sent: Friday, September 07, 2012 10:16 AM
To: tsaude
Subject: RE: common area deed storm water permit update
Yes.
From: tsaude [[e-mail]
Sent: Friday, September 07, 2012 9:58 AM
To: Pusey, Steven
Cc: marina(a)nielsen.fi
Subject: RE: common area deed storm water permit update
Mr. Pusey,
Did you receive my last email?
Mr. Saude
From: Pusey, Steven [mailto:[e-mail]
Sent: Thursday, September 06, 2012 12:59 PM
To: tsaude
Subject: RE: common area deed storm water permit update

Mr. Saude,
Can you advise when the deed restrictions will be amended and recorded? This is important so that the permit can be
brought into compliance.
Thanks,
Steve Pusey
DWQ
From: tsaude [mailto:[e-mail]]
Sent: Friday, August 31, 2012 7:13 AM
To: Pusey, Steven
Subject, RE: common area deed storm water permit update
So it not every ten years. But 4 years now?
From: Pusey, Steven[mailto:[e-mail]]
Sent: Wednesday, August 29, 2012 8:47 AM
To: tsaude
Subject: RE: common area deed storm water permit update
The previous inspection will be in compliance once the deed restrictions are amended and recorded.
I cannot make any guarantees about future inspections. However, most likely, it will not be inspected again until it's
time to renew the permit, which is set to expire in September of 2016.
Steve Pusey
DWQ
From: tsaude maiIto :tsaude@ec. rr.com
Sent: Tuesday, August 28, 2012 7:24 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
So if all garden areas have more than 10% that' ok?
From: Pusey, Steven[mailto:[e-mail]
Sent: Monday, August 27, 2012 3:40 PM
To: tsaude
Subject: RE: common area deed storm water permit update
Importance: High
Mr. Saude:
As stated before, the proposed wording for the amendment to the deed restrictions paragraph 2.f should be as follows:
"...the built -upon area of each Unit is limited and restricted to 3,000 sf of built -upon area" in lieu of "...the built -upon
area of each Lot is limited to 85% of the Lot area".
Also, it has been determined by the engineer, Phil Tripp, that the impervious area left over for the garden areas, called
courtyards on the architectural plans, is 100 sf. This means that 10% impervious area is allowed in the garden areas,

which have a total area of about 1,000 sf each. I don't think it is necessary to add this into the deed restrictions as it was
not mentioned before now.
Regards,
Steve Pusey
DWQ
From: tsaude [mailto:tsaude ec.rr.com]
Sent: Tuesday, August 21, 2012 10:56 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Thank you Mr. Pusey.
It was informative for me as well.
As I stated, I am asking for an answer by close of business Friday, from the DENR. Our next scheduled board meeting is
this Saturday. If the language is proper as we discussed, then by our meeting, I will recommend those of which we spoke
about. Please forward me the draft of what changes we would make to the deed restrictions please.
The board will approve the changes to the deed restrictions at that time.
Please try and forward an answer by Friday. This is a time sensitive issue.
r/s
Mr. Saude
Vice President
ACA
From: Pusey, Steven [ en. use ncdenr. ov]
Sent: Tuesday, August 21, 2012 10:02 AM
To: tsaude
Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
Mr. Saude,
It was a pleasure to meet you today. I am following up with Phil Tripp about his engineer certification for Avenir. As
soon as I hear back from him, I will let you know what specific actions need to be taken regarding a possible change to
impervious area, if any, and what changes need to be made to the deed restrictions.
As discussed in our meeting today, the general requirements that need to be completed are as follows:
1. Deed restrictions to be amended by the HOA
2. Deed of common areas to be transferred to HOA by Mr. Lennon
3. Permit Transfer Request form to be completed and signed by Mr. Lennon
Regards,
Steve Pusey
From: tsaude [mailto:[e-mail]]
Sent: Thursday, August 09, 2012 5:25 PM
To: Pusey, Steven
Subject: FW: common area deed storm water permit update
Mr. Pusey,

Mr. Lennon has not contacted board about any information or data required to transfer our common area deed. One
board member in May 2012 contacted him about the delay in the common area deed transfer. Mr. Lennon stated he
had a problem with the storm water permit certification, (states he's been working on it for 4 months, nothing else. )
I have enclosed my synopsis based upon public records held by your office obtained this week.
I am urgently requesting a meeting with you to discuss the Avenir Community Association (ACA) issues raised by my
findings this week at your office.
I would prefer you not discuss this with Mr. Lennon until after I meet with you.
Monday after 1 pm would be great, if not please let me know when your available.
r/s
Mr. Saude
Vice President.
ACA
From. tsaude [mailto:tsaudeCaec.rr.com]
Sent: Wednesday, August 08, 2012 4:26 PM
To: marina(&nielsen.fi; Carol crumpler; dianehardingCaec.rr.com
Subject: common area deed storm water permit update
Board members,
please refrain from discussing this document outside the board, until our board meeting on 25 August. If you have any
questions about it, please send them to me, so I can compile a list for Mr Steven Pusey.
I am trying to schedule a meeting with Steven Pusey, of the NCDENR in Wilmington. If anyone is available and would like
to go along please let me know. He may be able to answer any questions we might propose.
I am still needing to meet with Jim Diepenbrock of the City planner regarding the Avenir file they have to see if any
further data is available with regards to Avenir. I spoke to him once and seemed agreeable to making copies of the file
he has.
r/s
Terry
VP Avenir

Pusey, Steven
From: Pusey, Steven
Sent: Monday, September 10, 2012 1:29 PM
To: 'John Lennon'
Subject: RE: NOV - Avenir Subdivision
Please advise the status of your amending the covenants and deed restrictions for Avenir. This is the final item required
to bring the permit into compliance. Then it can be transferred.
Steve Pusey
DWQ
From: John Lennon[mailto:johMen non @oceancrest.com]
Sent: Wednesday, August 29, 2012 2:40 PM
To: Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Can you accept the transfer prior to the deed restrictions being amended? I was under the impression that you could not, if so, I can forward the application
right away. Thanks.
John Lennon
910-239-5895
From: <Pusey>, Steven <[e-mail]>
To: John Lennon <0ohnlennon2 ceancrest.com>
Subject: RE: NOV - Avenir Subdivision
Okay. The HOA Board has told me that they can amend the deed restrictions if needed. Will you be doing that or will
they?
Steve Pusey
DWQ
From: John Lennon fmailto:iohnlennon @oceancrest.com]
Sent: Wednesday, August 29, 2012 11:44 AM
To: Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Steven,
I have completed the application and am prepared to convey the Common Area over to the HOA. This has taken so long primarily due to my extensive work
travel and the very contentious relationship between me as the former developer of the project and the HCA. As such, my attorney is reaching out to theirs
in an effort to get the CCRs changed to conform to the permit which should be the last item.
John Lennon
910-239-5895
From: <Pusey>, Steven <[e-mail]>
To: John Lennon <[e-mail]>
Cc: "Scott, Georgette" <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Dear Mr. Lennon:

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Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, August 29, 2012 2:50 PM
To: 'John Lennon'
Subject: RE:: NOV - Avenir Subdivision
No, I will need the deed restrictions amended first.
Steve Pusey
DWQ
From: John Lennon [mailto:[e-mail]]
Sent: Wednesday, August 29, 2012 2:40 PM
To: Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Can you accept the transfer prior to the deed restrictions being amended? I was under the impression that you could not, If so, I can forward the application
right away. Thanks.
John Lennon
910-239-5895
From: <Pusey>, Steven <steven.pusey@ncde�nr.gov>
To: John Lennon <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Okay. The HOA Board has told me that they can amend the deed restrictions if needed. Will you be doing that or will
they?
Steve Pusey
DWQ
From: John Lennon [mailtojohnlennon @oceancrest.com]
Sent: Wednesday, August 29, 2012 11:44 AM
To: Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Steve n,
I have completed the application and am prepared to convey the Common Area over to the HOA. This has taken so long primarily due to my extensive work
travel and the very contentious relationship between me as the former developer of the project and the HOA. As such, my attorney is reaching out to theirs
in an effort to get the CCRs changed to conform to the permit which should be the last item,
John Lennon
910-239-5895
From: <Pusey>, Steven <[e-mail]>
To: John Lennon <[e-mail]>
Cc: "Scott, Georgette" <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Dear Mr. Lennon:

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How are things going with the HOA Board? It has been almost a couple months since we last conversed.
Steve Pusey
910-796-7334
From: John Lennon[mailto:[e-mail]
Sent: Tuesday, June 05, 2012-11:33 PM
To: Pusey, Steven
Cc: Scott, Georgette; Phil Tripp
Subject: Re: NOV - Avenir Subdivision
Steven,
I am communicating with the HOA Board in an effort to address your requirement of amending the documents. Is there a form I need to complete to
transfer the permit once that requirement is complete? Thanks very much.
John Lennon
910-239-5895
From: "Pusey, Steven" <[e-mail]>
Date: Wednesday, May 9, 2012 2:24 PM
To: John Lennon <johnlennon @oceancrest.com>
Cc: "Scott, Georgette" <[e-mail]>, Phil Tripp <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Dear Mr. Lennon:
We have received the engineer's certification and the house floor plan from Phil Tripp. The floor plan is in accordance
with the original design of allowable BUA, which is not greater than 3,000 square feet per unit.
In response to your email, the change is required on the Declaration of Covenants, Conditions, and Restrictions
document for Avenir, "The Declaration". If you no longer have control over this document, I suggest you have someone
from the Avenir Board of Directors make the change and record it with New Hanover County since they are allowed to
make this change according to the Declaration (reference Article V, Section 3.f). Once complete, I will need a copy of
this recorded Amendment. The changes need to be affected before we can call the permit compliant, and it must be
compliant before we can transfer the permit to the Avenir HOA.
In addition, we need a copy of the deed transfer for the common areas to the HOA. And, finally, please provide
documentation showing that the proposed permittee (Avenir HOA) is a legal entity and that the named representative
has the authority to act on its behalf. Sources for this information may include but are not limited to the Office of
Secretary of State, legal deeds, and meeting minutes.
Let me know if you have further questions.
Regards,
Steve Pusey
DWQ
From: John Lennon ftmailto,i4hMen non @oceancrest.com]
Sent: Monday, May 07, 2012 10:36 PM
To: Phil Tripp; Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Mr. Pusey,

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I will complete the transfer documentation. Can you please clarify the change to the deed restrictions? I know longer have any control over the HOA
documents and I was not clear whether you were referring to those or the permit itself? Thanks very much.
John Lennon
910-239-5895
From: Phil Tripp <[e-mail]>
Date: Thu, 3 May 2012 14:36:55 -0400
To: "'Pusey, Steven"' <[e-mail]_>
Cc: John Lennon <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Steve,
Will do.
We have the architectural floor plan and we are preparing the certification.
Thank you,
Phil
From: Pusey, Steven [mailto:st men. use ncdenr, v]
Sent: Thursday, April 26, 2012 10:42 AM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks, Phil. I look forward to receiving the footprint and certification.
There are a couple other issues to deal with on this permit, as follows:
1. Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each
Unit is limited and restricted to 3,000 sf of built -upon area."
2. The owner, John Lennon, wants to transfer this permit to the HOA. As such, he needs to fill out and sign the
Permit Transfer Request form for an HOA. This development is subject to the Planned Community Act, Chapter
47F laws. Therefore, he does not need the HOA's signature to complete the transfer. The requirements to
transfer are shown on the form (reference DWQ website). I also talked with Mr. Lennon about this form and he
may already have a copy.
Let me know if you have any questions about this transfer procedure. I just thought it would be good to get that process
started as the paperwork can take considerable time.
Can you copy in Mr. Lennon on this email? I don't seem to have his email address.
Thanks,
Steve

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Pusey, Steven
From: Pusey, Steven
Sent: Monday, August 27, 2012 3:40 PM
To: 'tsaude'
Subject: RE: common area deed storm water permit update
Importance: High
Mr. Saude:
As stated before, the proposed wording for the amendment to the deed restrictions paragraph 2.f should be as follows:
"...the built -upon area of each Unit is limited and restricted to 3,000 sf of built -upon area" in lieu of "...the built -upon
area of each Lot is limited to 85% of the Lot area".
Also, it has been determined by the engineer, Phil Tripp, that the impervious area left over for the garden areas, called
courtyards on the architectural plans, is 100 sf. This means that 10% impervious area is allowed in the garden areas,
which have a total area of about 1,000 sf each. I don't think it is necessary to add this into the deed restrictions as it was
not mentioned before now.
Regards,
Steve Pusey
DWQ
From: tsaude [mailto:[e-mail]]
Sent: Tuesday, August 21, 2012 10:56 AM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Thank you Mr. Pusey.
It was informative for me as well.
As I stated, I am asking for an answer by close of business Friday, from the DENR. Our next scheduled board meeting is
this Saturday. If the language is proper as we discussed, then by our meeting, I will recommend those of which we spoke
about. Please forward me the draft of what changes we would make to the deed restrictions please.
The board will approve the changes to the deed restrictions at that time.
Please try and forward an answer by Friday. This is a time sensitive issue.
r/s
Mr. Saude
Vice President
ACA
From: Pusey, Steven [maiLtQ.5teYen.pusey0ncdenr.gov]
Sent: Tuesday, August 21, 2012 10:02 AM
To: tsaude
Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
Mr. Saude,

It was a pleasure to meet you today. I am following up with Phil Tripp about his engineer certification for Avenir. As
soon as I hear back from him, I will let you know what specific actions need to be taken regarding a possible change to
impervious area, if any, and what changes need to be made to the deed restrictions.
As discussed in our meeting today, the general requirements that need to be completed are as follows:
1. Deed restrictions to be amended by the HOA
2. Deed of common areas to be transferred to HOA by Mr. Lennon
3. Permit Transfer Request form to be completed and signed by Mr. Lennon
Regards,
Steve Pusey
From: tsaude Lmailto:[e-mail]]
Sent: Thursday, August 09, 2012 5:25 PM
To: Pusey, Steven
Subject: FW: common area deed storm water permit update
Mr. Pusey,
Mr. Lennon has not contacted board about any information or data required to transfer our common area deed. One
board member in May 2012 contacted him about the delay in the common area deed transfer. Mr. Lennon stated he
had a problem with the storm water permit certification, (states he's been working on it for 4 months, nothing else. j
I have enclosed my synopsis based upon public records held by your office obtained this week.
I am urgently requesting a meeting with you to discuss the Avenir Community Association (ACA) issues raised by my
findings this week at your office.
I would prefer you not discuss this with Mr. Lennon until after I meet with you.
Monday after 1 pm would be great, if not please let me know when your available.
r/s
Mr. Saude
Vice President.
ACA
From: tsaude rmailto:tsaude(alec.rr.com]
Sent: Wednesday, August 08, 2012 4:26 PM
To: [e-mail]; Carol crumpler; [e-mail]
Subject: common area deed storm water permit update
Board members,
please refrain from discussing this document outside the board, until our board meeting on 25 August. If you have any
questions about it, please send them to me, so I can compile a list for Mr Steven Pusey.
I am trying to schedule a meeting with Steven Pusey, of the NCDENR in Wilmington. If anyone is available and would like
to go along please let me know. He may be able to answer any questions we might propose.
I am still needing to meet with Jim Diepenbrock of the City planner regarding the Avenir file they have to see if any
further data is available with regards to Avenir. I spoke to him once and seemed agreeable to making copies of the file
he has.
r/s
Terry
VP Avenir

Pusey, Steven
From: tsaude [[e-mail]]
Sent: Friday, August 24, 2012 7:53 PM
To: Pusey, Steven
Subject: RE: common area deed storm water permit update
Mr. Pusey,
Some points I need addressed are as follows. Please let me know if you can assist.
The slope between houses for drainage and required number of manholes.
The depth of manholes.
The Garden/Patio side of house plans that are mostly paved or have rock instead of vegetation. ( some drainage issues
by homeowners.)
Mr. Saude
From: Pusey, Steven[mailto:[e-mail]]
Sent: Tuesday, August 21, 2012 10:02 AM
To: tsaude
Cc: Scott, Georgette
Subject: RE: common area deed storm water permit update
Mr. Saude,
It was a pleasure to meet you today. I am following up with Phil Tripp about his engineer certification for Avenir. As
soon as I hear back from him, I will let you know what specific actions need to be taken regarding a possible change to
impervious area, if any, and what changes need to be made to the deed restrictions.
As discussed in our meeting today, the general requirements that need to be completed are as follows:
1. Deed restrictions to be amended by the HOA
2. Deed of common areas to be transferred to HOA by Mr. Lennon
3. Permit Transfer Request form to be completed and signed by Mr. Lennon
Regards,
Steve Pusey
From: tsaude [ mail to-.tsaude(aec.rr.com]
Sent: Thursday, August 09, 2012 S:2S PM
To: Pusey, Steven
Subject: FW: common area deed storm water permit update
Mr. Pusey,
Mr. Lennon has not contacted board about any information or data required to transfer our common area deed. One
board member in May 2012 contacted him about the delay in the common area deed transfer. Mr. Lennon stated he
had a problem with the storm water permit certification, (states he's been working on it for 4 months, nothing else. J
I have enclosed my synopsis based upon public records held by your office obtained this week.
I am urgently requesting a meeting with you to discuss the Avenir Community Association (ACA) issues raised by my
findings this week at your office.
I would prefer you not discuss this with Mr. Lennon until after I meet with you.
Monday after 1 pm would be great, if not please let me know when your available.
r/s

Mr. Saude
Vice President.
ACA
From: tsaude [mailto:[e-mail]]
Sent: Wednesday, August 08, 2012 4:26 PM
1'o: marina6lnielsen^fi; Carol crumpler; dianehardingiftc.rr.com
Subject: common area deed storm water permit update
Board members,
please refrain from discussing this document outside the board, until our board meeting on 25 August. if you have any
questions'about it, please send them to me, so I can compile a list for Mr Steven Pusey.
I ,gym trying to schedule a meeting with Steven Pusey, of the NCDENR in Wilmington. If anyone is available and would like
to go along please let me know. He may be able to answer any questions we might propose.
I aim still needing to meet with Jim Diepenbrock of the City planner regarding the Avenir file they have to see if any
further data is available with regards to Avenir. I spoke to him once and seemed agreeable to making copies of the file
he has.
r/s
Terry
VP Avenir

Pusey, Steven
From: Phil Tripp [[e-mail]]
Sent: Wednesday, August 22, 2012 10:47 AM
To: Pusey, Steven
Subject: RE: Avenir permit SW8 020406
Correct
From: Pusey, Steven [mailto:[e-mail]]
Sent: Tuesday, August 21, 2012 4:34 PM
To: Phil Tripp
Subject: RE: Avenir permit SW8 020406
OK. I guess we are stuck with 2900 sf impervious then. Only 100 sf is left over for the garden areas, which is about 10%
impervious for that area, correct?
Steve
From: Phil Tripp [ma ilto:ptripp0ec.rr.com]
Sent: Tuesday, August 21, 2012 2:08 PM
To: Pusey, Steven
Subject: RE: Avenir permit SW8 020406
We included decks and porches as impervious.
From: Pusey, Steven[mailto,:steven.pusey(�)ncdenr.gov]
Sent: Tuesday, August 21, 2012 12:17 PM
To: Phil Tripp
Subject: RE: Avenir permit SW8 020406
I have heard that some decks are covered and some are not. Are you including that as impervious?
Also, the porches are open. Are you including that as impervious?
I'm trying to nail down how much % impervious the garden area can be.
Thanks,
Steve
From: Phil Tripp [mailto;ptripp@g!c.rr.com]
Sent: Tuesday, August 21, 2012 12:03 PM
To: Pusey, Steven
Subject: RE: Avenir permit SW8 020406
You are right. 2900.
Garden area is green. 100 sf left over.
From: Pusey, Steven[mailto:[e-mail]]
Sent: Tuesday, August 21, 2012 10:58 AM
To: Phil Tripp
Subject: RE: Avenir permit SW8 020406

:r
Phil,
Where are you getting the 2400 sf for the house from?
From the architectural drawings, the first floor plan measures approx. 2,900 sf and the courtyard measures approx. 900
sf. This means that only 100 sf is available as impervious courtyard.
If you use only the heated square footage plus garage, the total area equals 2,508 sf (excluding the covered deck and
porch). This means you would have 3000-2508 = 492 sf available for impervious courtyard. Since the courtyard
measures 900 sf, it should be approximately 492 / 900 = 55% impervious.
Please advise.
Steve
From: Phil Tripp fmailto:[e-mail]]
Sent: Tuesday, August 21, 2012 10:31 AM
To: Pusey, Steven
Subject: RE: Avenir permit SW8 020406
Steve,
The garden areas were designed as "green" space. The total garden area for each unit is about 1000 sf.
Some owners may have put in a small patio, walkway or storage space however the footprint if any should be well below
the 600 sf of impervious area remaining available to each unit. (3000 sf total — 2400 sf house = 600 sf remaining)
We trust this information is of assistance.
Thank you,
Phil
From: Pusey, Steven[mailto:[e-mail]]
Sent: Tuesday, August 21, 2012 9:45 AM
To. Phil Tripp
Subject: Avenir permit SW8 020406
Importance: High
Phil,
I have a question about the impervious area per unit on the houses at Avenir. I know we discussed this before, but can
you confirm that the garden areas shown on the plans are green areas? If they are impervious, the total square feet per
unit would be more than 3,000 sf.
I need this information by Thursday this week. I hope it is possible for you to get back with us by then. Please advise.
Regards,
Steve
Ca..,,.,.. G.
Environmental Engineer
NCDENR - Div. of Water quality
Surface Water Protection
Ph [phone] / Fax [phone]

Pusey, Steven
From:
Phil Tripp [[e-mail]]
Sent:
Thursday, April 26, 2012 T.49 AM
To:
Pusey, Steven
Subject:
RE: NOV - Avenir Subdivision
Steve,
The driveways and sidewalks for each unit were calculated separate from the buildings and were included with asphalt
and concrete totals. The 3000 sf per unit is allotted exclusively for the house. The houses are approximately 2400 sf
each yielding approximately 600 sf per unit for other impervious. It appears the units are below the threshold. We will
be forwarding an actual footprint for your review.
In addition we are completing our review of the drainage facilities. Certification to follow.
Thank you for your patience with this project. We know it has been lengthy and laborious. Time has been been
required to adequately re -collect information from ten years ago.
Is there any other submittal data you will need to close out?
Thank you,
Phil
From: Pusey, Steven[mailto:[e-mail]]
Sent: Wednesday, April 25, 2012 6:13 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
So, does this mean that each lot should only have 3,000 sf, including driveway, sidewalk, patios, etc.?
Or, were the driveways and sidewalks, at least, calculated as concrete and asphalt separate from the buildings? This
would mean that each house (2,400 sf) would have an extra 600 sf to add a patio.
Steve
From: Phil Tripp [mailto:[e-mail]]
Sent: Wednesday, April 25, 2012 2:54 PM
To: Pusey, Steven
Subject: FW: NOV - Avenir Subdivision
Steve,
We have determined 3000 sf per lot is for the house only. Driveways and sidewalks were calculated separately in the
original design. We have researched the house footprint and determined the area at approximately 2400 sf. The houses
are basically the same or a mirror image. We will be submitting the footprint for your review. The good news is the
project should be under impervious limits.
Your thoughts on how to address the restrictive covenants?
Thank you,
Phil
From: Pusey, Steven[mailto:[e-mail]]
Sent: Thursday, April 12, 2012 1:20 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Phil,

-Just by running some preliminary numbers, it looks like you are at around 35% BUA per lot at present. So, I don't think it
will be possible to handle 85% BUA per lot. Instead, you may need to raise the BUA to somewhere around 4,300 sf per
lot. This means the permit and the recorded deed restrictions would need to be modified.
I look forward to receiving your final calculations and submittal.
Thanks,
Steve
From: Phil Tripp [mailto:[e-mail]]
Sent: Thursday, April 12, 2012 12:27 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steve,
Thank you for the follow up.
We have been working with the original developer to find additional as -built information for the improvements at the
individual homes.
We need this information to calculate existing impervious area. Accumulating data for each and every homesite has
been laborious.
We have notified the owner of the two week deadline and will continue working to assemble a return package.
Thank you for patience.
Phil
From: Pusey, Steven[maiito:[e-mail]]
Sent: Thursday, April 12, 2012 10:11 AM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Importance: High
Phil,
What happened with this one? I thought you were going to have something submitted around the first week in March.
This permit needs to be modified so that the deed restriction statement in the permit matches the recorded deed
restrictions. The recorded deed restrictions state that BUA cannot exceed 85% of the lot area. So, we need a drawing
showing the lot area for each lot. The lots are not shown on the current plans. Or, you may want to nail down an actual
BUA amount for each lot. Either way, we need a drawing showing the lots, and possibly a table showing the BUA
allowed per lot. Also, you must show in your calculations that this maximum allowed BUA per lot is being handled by
the infiltration basins.
The bottom line here is that we will have to proceed with enforcement if the permit is not modified within 2 weeks.
Please advise ASAP.
Thanks,
Steve Pusey
From: Phil Tripp [mailto:ptripp(d.rr.com]
Sent: Thursday, February 23, 2012 6:10 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision

Steven,
We are in receipt of the as-builts. We will review and be in touch early next week.
Thank you,
Phil
From: Pusey, Steven [mailto:steven. use ncdenr. ov]
Sent: Monday, February 06, 2012 12:02 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks for the update, Phil. I look forward to hearing more from you later. I will check back in a couple weeks if I don't
hear from you.
Steve
From: Phil Tripp [mailto: tri c.rr.com]
Sent: Monday, February 06, 2012 11:59 AM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
Owner has retained a surveyor and in the process of preparing an as -built of the stormwater. Upon receipt and review
we will be able to better give you an update.
Thank you,
Phil
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Pusey, Steven
eg cc A �, Z Z
From: tsaude [[e-mail]]
Sent: Thursday, August 09, 2012 5:25 PM
To: Pusey, Steven
Subject: FW: common area deed storm water permit update
Attachments: update stormwater and deed covenants 2.docx
Mr. Pusey,
Mr. Lennon has not contacted board about any information or data required to transfer our common area deed. One
board member in May 2012 contacted him about the delay in the common area deed transfer. Mr. Lennon stated he
had a problem with the storm water permit certification, (states he's been working on it for 4 months, nothing else. )
I have enclosed my synopsis based upon public records held by your office obtained this week.
I am urgently requesting a meeting with you to discuss the Avenir Community Association (ACA) issues raised by my
findings this week at your office.
I would prefer you not discuss this with Mr. Lennon until after I meet with you.
Monday after 1 pm would be great, if not please let me know when your available.
r/s
Mr. Saude
Vice President.
ACA
From: tsaude [mailto:tsaude@)ec.rr.com]
Sent: Wednesday, August 08, 2012 4:26 PM
To: marina@)nielsen.fi; Carol crumpler; dianehardinciftec.rr.com
Subject: common area deed storm water permit update
Board members,
please refrain from discussing this document outside the board, until our board meeting on 25 August. 1f you have any
questions about it, please send them to me, so I can compile a list for Mr Steven Pusey.
I am trying to schedule a meeting with Steven Pusey, of the NCDENR in Wilmington, If anyone is available and would like
to go along please let me know. He may be able to answer any questions we might propose.
I am still needing to meet with Jim Diepenbrock of the City planner regarding the Avenir file they have to see if any
further data is available with regards to Avenir. 1 spoke to him once and seemed agreeable to making copies of the file
he has.
r/s
Terry
VP Avenir

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Pusey, Steven
From:
Pusey, Steven
Sent:
Wednesday, June 06, 2012 8:53 AM
To:
'John Lennon'
Cc:
Scott, Georgette; Phil Tripp
Subject:
RE: NOV - Avenir Subdivision
John,
I believe this development is subject to the Planned Community Act, Chapter 47F. If so, you do not need the HOA's
signature to complete the transfer. The form you would use in this case is the "HOA Name/Ownership Change Form"
Otherwise, you can use the regular "Name/Ownership Change form."
The requirements to transfer are explained on the forms, which can be downloaded from the DWQ website at
ham://portal.ncdenr.orpjweb/wq/ws/su/statesw/forms dots
Regards,
Steve
From: John Lennon[mailto:[e-mail]]
Sent: Tuesday, June 05, 2012 11:33 PM
To: Pusey, Steven
Cc: Scott, Georgette; Phil Tripp
Subject: Re: NOV - Avenir Subdivision
Steven,
I am communicating with the HOA Board in an effort to address your requirement of amending the documents. Is there a form I need to complete to
transfer the permit once that requirement is complete? Thanks very much.
John Lennon
910-239-5895
From: "Pusey, Steven" <[e-mail]>
Date: Wednesday, May 9, 2012 2:24 PM
To: John Lennon <iohniennon oceancrest.com>
Cc: "Scott, Georgette" <[e-mail]>, Phil Tripp <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Dear Mr. Lennon:
We have received the engineer's certification and the house floor plan from Phil Tripp. The floor plan is in accordance
with the original design of allowable BUA, which is not greater than 3,000 square feet per unit.
In response to your email, the change is required on the Declaration of Covenants, Conditions, and Restrictions
document for Avenir, `The Declaration". If you no longer have control over this document, I suggest you have someone
from the Avenir Board of Directors make the change and record it with New Hanover County since they are allowed to
make this change according to the Declaration (reference Article V, Section 3.f). Once complete, I will need a copy of
this recorded Amendment. The changes need to be affected before we can tali the permit compliant, and it must be
compliant before we can transfer the permit to the Avenir HOA.

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1"• '._ 1,'I 14��}{� ' fir`.' 1 �. .f� `l - l� "i'�^;^1:+<�.
m

k
In addition, we need a copy of the deed transfer for the common areas to the HOA. And, finally, please provide
documentation showing that the proposed permittee (Avenir HOA) is a legal entity and that the named representative
has the authority to act on its behalf. Sources for this information may include but are not limited to the Office of
Secretary of State, legal deeds, and meeting minutes.
Let me know if you have further questions.
Regards,
Steve Pusey
DWQ
From: John Lennon [mailto:johnlennon(&ggeanCrest.com)
Sent: Monday, May 07, 2012 10:36 PM
To: Phil Tripp; Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Mr. Pusey,
I will complete the transfer documentation. Can you please clarify the change to the deed restrictions? I know longer have any control over the HOA
documents and I was not clear whetheryou were referring to those or the permit itself?Thanks very much.
John Lennon
910-239-5895
From: Phil Tripp <[e-mail]>
Date: Thu, 3 May 2012 14:36:55 -0400
To: "'Pusey, Steven"' <steven.puseNt@ncdenr.,gov>
Cc: John Lennon <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Steve,
Will do.
We have the architectural floor plan and we are preparing the certification.
Thank you,
Phil
From: Pusey, Steven [mailto:steven.puseyan, denr.pov]
Sent: Thursday, April 26, 2012 10:42 AM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks, Phil. I look forward to receiving the footprint and certification.
There are a couple other issues to deal with on this permit, as follows:
1. Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each
Unit is limited and restricted to 3,000 sf of built -upon area."
2. The owner, John Lennon, wants to transfer this permit to the HOA. As such, he needs to fill out and sign the
Permit Transfer Request form for an HOA. This development is subject to the Planned Community Act, Chapter
47F laws. Therefore, he does not need the HOA's signature to complete the transfer. The requirements to
transfer are shown on the form (reference DWQ website). I also talked with Mr. Lennon about this form and he
may already have a copy.

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J
l
•
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r
4.
.—J

Let me Know if you have any questions about this transfer procedure. I just thought it would be good to get that process
started as the paperwork can take considerable time.
Can you copy in Mr. Lennon on this email? I don't seem to have his email address.
Thanks,
Steve

+ it
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone]. FAX: [phone]
RECD MAY 0 8 2012
May 8, 2012
NCDENR
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Mr. Steve Pusey
Re: Avenir
Project No. SW8 020406
NOV-2011-PC-0624
TE 12016
Dear Steve:
In response to your email comments regarding the Notice of Violation for Avenir
subdivisign, we have enclosed the Engineer's Certification for stormwater and the house
footprint. Please review for approval and contact us with any questions, comments or if
You need additional information. Thank you.
Sincerely,
T Engineering, P.C.
Phillip G. Tripp, P. ,,
PGT:dcb
Enc.
ECEIVE
MAY 0 8 2012
BY•

December 9, 2011
Avenir
Stormwater Permit No. SW8 020406
Avenir Page 1 of 2
New Hanover County
Stormwater Project No. SW8 020406
Designer's Certification
I, P141UuP C?� as a duly registered ?to re&woN4L- Fm C, pm,6x ih
the State of North Carolina, having been authorized to observe (periodically-Awee#�y.�
-4444"e} the construction of the project,
(Project) .
for Lgit. E t 6q - i..i (Project Owner) hereby state that, to the
best of my abilities, due care and d ligence was used in the observation of the project
construction.�uchithat the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications: 5&& Ct•Vk[Isr.
Signature
Registration Number 7 :7,-T4'
Date ZQ, - 4' IZi
EGEIVE
MAY 0 S 2012
BY:
SEAL
CA /?
F SEAL
-a 17374 ¢ C y
r� % Q
OR
i,��'R iGO0'
Page 3 of 4

I
December 9, 2011
Avenir
Stormwater Permit No. SW8 020406
Certification Requirements: Page 2 of 2
A 1. The drainage area to the system contains approximately the permitted
acreage.
2. Jhe,;drainage. area to the system contains no;mQre than-ti7e'-permitted:.
amount of built -upon area.
�3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
_4. The outlet/bypass structure elevations are per the approved'plan.
The outlet structure is located per the approved plans.
N 6. Trash rack is provided on the outlet/bypass structure. ,L
7. All slopes are grassed with permanent vegetation.
N A 8. Vegetated slopes are no steeper than 3:1. `t
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
W C+La�4tN W �►� Z SNl�T ��� .
13. All required, parts of the system are provided, such as a vegetated shelf,
and,,a,forebay.
14. The;dimensons of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ F
New Hanover County Building Inspectionsfl MAY 08 2012
Page 4 of 4

Control Committee shall be deemed sufficient. One copy of all plans and related data
shall be furnished to the Declarant, the Board, or Architectural Control Committee, as
the case may be, for Its records. Neither the Declarant, nor 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. Minimum Standards for Site Improvements.
(a) Exterior Materials. The exterior of all buildings shall be constructed of wood,
masonry, stucco and/or glass.
(b) Setbacks. The site and location of any house or structure upon any Lot shall
be controlled by and must be approved absolutely by the Declarant, the Board, or the
Architectural Control Committee, as the case may be.
(c) Screening. All service utilities, garbage receptacles, exterior storage areas,
fuel tanks, and loading docks are to be enclosed within a screen of a type and size
approved by the Declarant, the Executive Board or the Architectural Control
Committee, so as to preclude the same from causing an unsightly view from any
highway, street or way within the Development, or from any other Lot within the
Development .
(d) Utilities. All secondary power lines and communication Imes on a Lot shall
be placed underground.
(e) Reservation for CP&L. Further, Declarant reserves the right to subject the
Property to a contract with Carolina Power & Light Company for the Installation of
underground electric cables and/or the Installation of street lighting, either or both of
which may require an initial payment and/or continuing monthly payment to Carolina
Power & Light Company by the Owner of each Lot, or by the Association on behalf of
the Lot Owners as a common expense.
(f) Stormwater Regulations. Each Owner shall comply with all stormwater
runoff and other governmental regulations to the Owner's Lot as required by applicable
N. C. State and other governmental permits(the "Permits"), the built -upon area of each
Lot is limited and restricted to 85% of the Lot area. Built -upon area includes, but is
00 5 not limited to, structures, asphalt, concrete, gravel, brick, slate and coquina, but does
not include raised, open wood decking, or the water surface of swimming pools. All
�a runoff from the built -upon area on each Lot shall be directed into the approved
stormwater management system as indicated by the approved stormwater
w�p management plan for the Development covered by the Permits. An
access/maintenance easement to all stormwater facilities covered by the Permit will be
' Declaration of Covenants, conditions and Restnctlons
Np�
AVENIR
13
F hSHARE1RE\DECLRES rAvenirlAvnrnr 051403 doc

granted/retained in favor of the permittee under the Permit if access to the stormwater
facilities will be restricted by the sale of any portion of the Planned Community. The
State of North Carolina is hereby made a beneficiary of this Declaration to the extent
necessary to enforce its stormwater runoff regulations. This paragraph may not be
changed or deleted without the consent of the State of North Carolina.
SECTION 3 Use Restrictions.
(a) Land Use And Building Type No Lot shall be used for any purpose except
for residential purposes other than the "Common Area" which may be used for
recreational purposes Any building erected, altered, placed or permitted to remain on
any lot shall be subject to the provisions of Article VI of this Declaration relating to
architectural control-
(b) 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 other nature as may diminish or destroy
the enjoyment of the other property in the neighborhood by the owners thereof. It shall
be the responsibility of each Owner to prevent the development of any unclean,
unsightly or unkempt condition of buildings or grounds on such lot which would tend
to substantially decrease the beauty of the neighborhood as a whole or the specific
area.
(c) Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at
any time either temporarily or permanently without the written consent of the
Association or its designee; provided, however, that this shall not prevent the use of a
construction trailer or office on any part of the Planned Community until the
construction of improvements are completed
(d) Construction in Common Elements. No person shall undertake, cause, or
allow any alteration or construction in or upon any portion of the Common Elements or
limited common elements except at the direction or with the express written consent
of the Association.
(e) Signs. No signs (including "for sale" or "for rent" signs) shall be permitted
on any Lot or in the Common Elements without prior written permission of the
Executive Board.
(f) Subdividing Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written
Declaration of Covenants, Conditions and Restrictions
AVENIR
14
F %HAR0RE1DECLRES-rAver4r%Avenw 051403 doc

IN TESTIMONY WHEREOF, the Declarant has caused this Declaration to be
executed in its company name, by its duly authorized Manager, and has adopted as Its
seal the word "SEAL" appearing at or beside the signature line of its Manager, all the day
and year first above written.
AVENIR DEVELOPMENT, LLC.
a North Carolina Limited Li Company
By: 1SEAL)
C. G. YE ES, nag
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
��}}
I, a &S a Notary Public in and for the
aforesaid County and tate do hereby certify that C. G. YERKES personally appeared
before me this day and acknowledged that he is Manager of AVENIR DEVELOPMENT,
LLC, a limited liability company, and that he, as Manager, being authorized to do so,
executed the foregoing deed on behalf of the company
WITNESS my hand and notarial seal this the/ of May, 2003.
01 CLAU.)
My Com O spires: Notary blic
(NOTARIAL S AL) `,���F,`l , . , • O,y i���
••mow �
�• NOTARY
�x • PUBLIC •. V
//1111100
Declaration of Covenants, Conditions and Restrictions
AVENIR
19
Fh.SHARElRE1DECLREST1AvenirlAvensr 051403 doc

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
###!R!!#RRwlfRRRf!\f\##RRi#RRRf#i;Rf#R##/f!#ii!•Rfi/f!•fi;ff!•\fif/!\if#!fflifri•AirfR##/!\\!flfflf RR!!•Rift!!!if###Riff
Flied For Registration: 07/29/2003 02:05:19 PM
Book: RE 3920 Page: 792411
Document No.: 2003048057
DECL 20 PGS $68.00
Recorder: MARVIS ANN STORER
' lift;;i•lffRNHw!•fRf;/iRf!!#\!!!R•MfRR!/Rf/!!iR!!!\#\fRRRMRRRflRR!!f!!!liifwifR/h\#\i!#RfffR*R#iii\iiw!!#lRifRRwwiww
State of North Carolina, County of New Hanover
The foregoing certificate of AUDREY CLIFTON ROSS Notary is certified to be correct. This 29TH of July 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
Deputy/Assistent-Register of Deeds
# Rf#!R#\!!N •ffif••f\i#•;##lfwRRlf##w Ri!#f;###!lRRRM R#ff#iRlfi R RliR\*!Ri\!!\!f!/!f!/R\lf1RR!!•It!!#•!!\#!!#!!f!!!•fRlff
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003048057*
2003048057

� ja
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(per N.C.G.S. 143-214.7(c2)ISession Law 2011-256)
Dee Freeman
Secretary
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes respectively) to -a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
1, This completed and signed form. Q P -�,, r<
2 Legal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conve ed to the proposed permittee in accordance
with the condominium or planned`corrimunity declaration.
✓(3 Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
J. A copy of any recorded deed restrictions, covenants, condominium/planned community
— declaration or easements, if required by the permit.
�5he designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
61jIf the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee. S05
f 7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required, Subsequent ownership transfers will require the $40.00 processing fee.
This completed form, including all supporting documents and the processing fee (if required), should
be sent to the appropriate Regional Office of the North Carolina Department of Environment and
Natural Resources, Division of Water Quality, as shown on the attached map.
Page 1 of 3

li. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:
2. Project Name:
3. Current Permitee's Company Name/Organization:
4. Signing Official's Name: -
5. Mailing Address:
City:
6. Phone: (��
Title:
State: Zip:
Fax: (�
III. PROPOSED PERMITTEE 1 OWNER 1 PROJECT 1 ADDRESS INFORMATION
The condominium or planned community's declaration identifies the proposed permittee as the
following "type" of entity (check one):
❑ Unit Owners Association
❑ Owners Association
❑ Other Management Entity
1, Proposed Permittee's Company Name/Organization:
2. Proposed Permittee Contact Name:
3. Proposed Permittee Contact's Title:
4. Proposed Permittee's Mailing Address:
City
State: Zip:
5. Phone: () Fax:
IV. CURRENT PERMITTEE'S CERTIFICATION
I, , the current permittee, am submitting this request for
a transfer of stormwater permit # . I hereby attest that I have met the
requirements of N.C.G.S. 143-214.7(c2)1 Session Law 2011-256, and propose to transfer the permit
to a unit owners association, owners association, or other management entity identified in the
condominium or planned community's declaration. The 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. I have provided a copy** of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWQ stormwater
inspection report evidencing compliance to the proposed permittee named in Section Ill of this form.
I further attest that this -request for a permit transfer is accurate and complete to the best of my
knowledge. 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
Page 2 of 3

named in Section II of this form. I understand th&t this permit transfer cannot be approved by the
DWQ unless and until the facility is in compliance with the permit.
Signature:
Date:
I 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 my hand and official seal, (Notary Seal)
Notary Signature
** It is recommended that all documents that are required for the transfer of this permit be
sent by a secured delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
Page 3 of 3

State Stormwater Management Systems
Permit No. SW8 020406
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Avenir Development, LLC
Avenir
'New Hanover County
FOR THE
construction, operation and maintenance of three underground infiltration trench systems in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and considered a
part of this permit.
This permit shall be effective from the date of issuance until September 11, 2012, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet. The stormwater control has
been designed to handle the runoff from 12,486 W, 9,895 ftz, and 63,567 ftzof impervious
area. The bypassed design storm must pass through a 50' vegetated filter prior to
discharge.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system. A permit modification must be
.submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area.
2

Post -it* Fax Note 7671 Da (� d pages
To F.,
c acr,CoL) n
Phone # ,' r, Phone #

State Stormwater Management Systems
Permit No. SW8 020406
DIVISION
OF WATER QUALITY
PROJECT
DESIGN DATA SHEET
Project Name:
Avenir
Permit Number:
SW8 020406
Location:
New Hanover County
Applicant:
Mr. Christopher G. Yerkes,
Manager
Mailing Address:
Avenir Development, LLC
PO Box 2473
Wilmington, NC 28402
Application Date:
September 6, 2002
Receiving Stream/River Basin/Index 4:
Cape Fear / Hewlett's Creek / 18-87-26
Classification of Water Body:
"SA"
Trench Number:
1 2
3A 313
Trench Depth, feet:
4' 4'
4' 4'
Trench Length x Width, feet:
65x25 108x15
263x15 160x25
Pipe Size/Length, feet:
8"/120 811/110
12"/260 8"/338
12"/5 5 12 "/98
12 "/ 190
Trench Bottom Elevation, FMSL:
15.5 13.5
10.25 10.25
Drainage Area, acres:
.55 .70
3.24 (3A & 313)
Total Impervious Surfaces, ftz:
12,486 9,895
63,567 (3A & 3B)
Offsite Area entering Pond, ft2:
none, per Engineer
Required Storage Volume, ft3:
1,845 1,754
9,885 (3A & 313)
Provided Storage Volume, ft3:
2,651 2,661
12,996 (3A & 313)
Temporary Storage Elevation, FMSL:
19.5 17.5
14.25 (3A & 313)
Type of Soil:
Sand
Seasonal High Water Table Elevation:
8.25 FMSL (All trenches)
Expected Infiltration Rate:
2 inches per hour
Time to Draw Down, hours:
7 6.5
15
3

State Stonnwater Management Systems
Permit No. SW8 020406
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at optimum efficiency. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of bypass structures, flow spreader, vegetated
filter, catch basins and piping,
g. Access to the bypass structures must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall
become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed 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.
8. The Division does not recommend use of the infiltration system as an Erosion Control
device. If it is, the system must be restored to design condition prior to operation as a
stormwater treatment device, and prior to occupancy of the facility.
9. 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. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or drainage area.
e. Further subdivision, acquisition, or sale 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.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
4

State Stormwater Management Systems
Permit No. SW8 020406
10. The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction. If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
12. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ
and provide the name, mailing address and phone number of the purchaser or leasee. An
access/maintenance casement to the stonnwater facilities shall be granted in favor of the
permittee if access to the'stonnwater facilities will be restricted by the sale or lease of any
portion of the property.
13. The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system.
14. 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
This permit is not transferable except after notice to and approval by the Director. In the
event there is a desire for the facilities to change ownership, or there is a name change of
the Permittee, a formal permit request must be submitted to the Division of Water Quality
accompanied by an application fee, documentation from the parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved. Responsibility for compliance
with all permit conditions remains with the Permittee until such time as the Division
approves the formal permit request.
2. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
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) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, 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.
5. The permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the project must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.

State Stormwater Management Systems
Permit No. SW8 020406
8. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days.
Permit issued this the 1 Ith day of September, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

i
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Coldwell Banker Commercial Suncoast Partners
1430 Commonwealth Drive #102, Wilmington, NC 28403 [phone]
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North Carolina Secretary of State
Page 1 of 1
North Carnlinn
Elaine F. Marshall D EPAR'T'M ENT VF THE
Secretary S EG RETARY of STATE
PO Box 29622 Raleigh, NC 2762"622 [phone]
Date: 10/28/2011
Click here to:
View Document Filings I Sign Up for E-Notifications I
J Pre -populated Annual Report Fillable PDF Form I File an Annual Report I
Corporation Names
Name Name Type
NC CAROLINA COMMERCIAL LEGAL
PARTNERS, LLC
Limited Liability Company Information
S OS I D:
0696457
Status:
Current -Active
Effective Date:
10/28/2003
Dissolution Date:
Annual Report Due Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
Office Address:
Mailing Address:
Principal Office
LENNON, JOHN D
1437 MILITARY CUTOFF ROAD SUITE 201
WILMINGTON NC 28403
1437 MILITARY CUTOFF ROAD SUITE 201
WILMINGTON NC 28403
Office Address: 1437 MILITARY CUTOFF ROAD SUITE 201
WILMINGTON NC 28403
Mailing Address: 1437 MILITARY CUTOFF ROAD, SUITE 201
WILMINGTON NC 28403
Officers
Title: MANAGER
Name: JOHN DAVID LENNON
Business Address: 1437 MILITARY CUTOFF ROAD SUITE 201
WILMINGTON NC 28403
Title: MEMBER
Name: JOHN R STIKE
Business Address: 1437 MILITARY CUTOFF ROAD SUITE 201
WILMINGTON NC 28403
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
1378
://www.secretary.state.nc.iis/corporations/Corp.aspx?Pitemid=5710482 10/28/2011

STATE O1' NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME i I �� _l"�f"} - a�' do
JAME TGy►yt Lt?.�nt),i REPRESENTING Aueni
Guidelines for Access: The staff of the Regional Office is.dedicated to making public recordsin our
custody readily available to the public for review and copying. We also have the responsibility to lr+e public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before,signing the form,
1 Due, to the large public demand for f�i? acce5 , we request that yob;'caWat least a day in
advance to schedule'an appointment for file review so Sou can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4.45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2... You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one apoointm_ ent will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for_25 or less copies.; -cost per -copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are -permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00,
5. In accordance with GS 25-3-51 2, a $25.00 processing fee will be charged and collected. for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAi*rttE
1. 1 Ve►'%1r
2. }
3.
4. I
tune/Name of Firm or Busihess . Date
e attach business card to form if available)
Amt. 1_10: A
COUNTY
S -3 _aU
Time In Time OLlt

North Carolina Secretary of State
Page 1 of 1
North Carolina
Elaine F. Marshall D E PARTM ENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 2762"622 [phone]
Date: 10/28/2011
Click here to:
View Document Filings 1 Sign Up for E-Notifications 1
J Pre -populated Annual Report Fillable PDF Form 1 File an Annual Report i
Corporation Names
Name Name Type
NC SUN COAST LEGAL
PARTNERS, LLC
NC SUNCOAST PREV LEGAL
PARTNERS, LLC
Limited Liability Company Information
SOSID:
0741780
Status:
Current -Active
Effective Date:
9/2/2004
Dissolution Date:
Annual Report Due
Date:
Citizenship:
DOMESTIC
State of Inc.:
NC
Duration:
1/1/2103
Annual Report Status:
CURRENT
Registered Agent
Agent Name: POWELL, GRAYSON
Office Address: 1430 COMMONWEALTH DR,STE. 102
WILMINGTON NC 27411
Mailing Address: 1430 COMMONWEALTH DR,STE. 102
WILMINGTON NC 27411
Principal Office
Office Address: 1430 COMMONWEALTH DR,STE. 102
WILMINGTON NC 27411
Mailing Address: 1430 COMMONWEALTH DR,STE. 102
WILMINGTON NC 27411
Officers
Title: MANAGERIMEMBER
Name: W GRAYSON POWELL
Business Address: 1430 COMMONWEALTH DR,STE. 102
WILMINGTON NC 27411
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
1378
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=6522978 10/28/2011

PLANTATION, INC.
NCDENR
DATE: 03/19/02
REFERENCE: AVENIR
CHECK # 1440
State Stormwater
AMOUNT: - 420.00
1440

Pusey, Steven
From:
Phil Tripp [[e-mail]]
Sent:
Thursday, February 23, 2012 6:10 PM
To:
Pusey, Steven
Subject:
RE: NOV - Avenir Subdivision
Steven,
We are in receipt of the as-builts. We will review and be in touch early next week.
Thank you,
Phil
From: Pusey, Steven[mailto:steven.pusey(@ncdenr.gov]
Sent: Monday, February 06, 2012 12:02 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks for the update, Phil. I look forward to hearing more from you later. I will check back in a couple weeks if I don't
hear from you.
Steve
From: Phil Tripp [mailto:[e-mail]]
Sent: Monday, February 06, 2012 11:59 AM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
Owner has retained a surveyor and in the process of preparing an as -built of the stormwater. Upon receipt and review
we will be able to better give you an update.
Thank you,
Phil
No virus tound in this message.
Checked by AVG - www.av-
Version: 2012.0.1913 / Virus Database: 2112/4792 - Release Date: 02/06/12

Pusey, Steven
From:
Phil Tripp [[e-mail]]
Sent:
Monday, February 06, 2012 11:59 AM
To:
Pusey, Steven
Subject:
RE: NOV - Avenir Subdivision
Steven,
Owner has retained a surveyor and in the process of preparing an as -built of the stormwater. Upon receipt and review
we will be able to better give you an update.
Thank you,
Phil

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Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, February 01, 2012 1:40 PM
To: 'Phil Tripp'
Subject: NOV - Avenir Subdivision
Phil,
Please advise status of this project. You previously advised, on December 13, 2011, that you were going to provide a
certification for the stormwater system. Also, the deed restrictions need to be changed to match the permit at 3,000 sf
BUA per lot.
Regards,
cr>t-,�.c Cj . P"
Environmental Engineer
NCDENR - Div. of Water Quality
Surface Water Protection
Ph [phone] / Fax [phone]
`k Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties.

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Pusey, Steven
From: Phil Tripp [[e-mail]]
Sent: Wednesday, April 25, 2012 2:54 PM
To: Pusey, Steven
Subject: FW: NOV - Avenir Subdivision
Steve,
We have determined 3000 sf per lot is for the house only. Driveways and sidewalks were calculated separately in the
original design. We have researched the house footprint and determined the area at approximately 2400 sf. The houses
are basically the same or a mirror image. We will be submitting the footprint for your review. The good news is the
project should be under impervious limits.
Your thoughts on how to address the restrictive covenants?
Thank you,
Phil
From: Pusey, Steven [mailsg:steven.eusey@)ncdenr.cLov]
Sent: Thursday, April 12, 2012 1:20 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Phil,
Just by running some preliminary numbers, it looks like you are at around 35% BUA per lot at present. So, I don't think it
will be possible to handle 85% BUA per lot. Instead, you may need to raise the BUA to somewhere around 4,300 sf per
lot. This means the permit and the recorded deed restrictions would need to be modified.
I look forward to receiving your final calculations and submittal.
Thanks,
Steve
From: Phil Tripp [mailto:ptripp0%.rr.com]
Sent: Thursday, April 12, 2012 12:27 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steve,
Thank you for the follow up.
We have been working with the original developer to find additional as -built information for the improvements at the
individual homes.
We need this information to calculate existing impervious area. Accumulating data for each and every homesite has
been laborious.
We have notified the owner of the two week deadline and will continue working to assemble a return package.
Thank you for patience.
Phil
From: Pusey, Steven[mailto:steven.puseyCa}ncoenr.00v]
Sent: Thursday, April 12, 2012 10:11 AM
To: Phil Tripp

r I-
4

C`
J1
Subject: RE: NOV - Avenir Subdivision
Importance: High
Phil,
What happened with this one? I thought you were going to have something submitted around the first week in March.
This permit needs to be modified so that the deed restriction statement in the permit matches the recorded deed
restrictions. The recorded deed restrictions state that BUA cannot exceed 85% of the lot area. So, we need a drawing
showing the lot area for each lot. The lots are not shown on the current plans. Or, you may want to nail down an actual
BUA amount for each lot. Either way, we need a drawing showing the lots, and possibly a table showing the BUA
allowed per lot. Also, you must show in your calculations that this maximum allowed BUA per lot is being handled by
the infiltration basins.
The bottom line here is that we will have to proceed with enforcement if the permit is not modified within 2 weeks.
Please advise ASAP.
Thanks,
Steve Pusey
From: Phil Tripp [maiIto: otripp ec.rr.com]
Sent: Thursday, February 23, 2012 6:10 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
We are in receipt of the as-builts. We will review and be in touch early next week.
Thank you,
Phil
From: Pusey, Steven [ it ven. n nr. v]
Sent: Monday, February 06, 2012 12:02 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks for the update, Phil. I look forward to hearing more from you later. I will check back in a couple weeks if I don't
hear from you.
Steve
From: Phil Tripp [mailto: trippaec.rr.com]
Sent: Monday, February 06, 2012 11:59 AM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
Owner has retained a surveyor and in the process of preparing an as -built of the stormwater. Upon receipt and review
we will be able to better give you an update.
Thank you,
Phil

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2007061061
FOR REOISIOnTION REGISTER OF DEEDS
REM= P. SMITI4
NEW HANOVER COUNTY, NC
2007 DEC 3 f 04:17:04 R
8K:5264 PG:2873-2877 FEE123.00
INSiRI BT # WNW
REVENUE: NONE E
This instrument was prepared by: Stephen C. Bailey
To The Law Firm of Hutchens, Senter & Britton, P.A.
WHEN RECORDED RETURN TO: The Law Firm of Hutchens, Senter and Britton, P.A.
Tax Id #: R06213-001-027-000, R06213-001-028-000, R06213-001-032-000
STATE OF NORTH CAROLINA
QUIT CLAIM DEED
NEW HANOVER COUNTY
THIS DEED made this 4S. day of December, 2007, by and between Avenir Development,
LLC a North Carolina Limited Liability Company, hereinafter called Grantor, and Alex E, Cramer,
unmarried, o R. Like unmarried, and John D. Lennon, married, whose mailing address is
hereinafter called Grantee;
h!r m"ygg tdh L a 4e y11
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WITNESSETH
That said party of the first part, for and in consideration of the sum of One Dollars
(S 1.00) to it in hand paid, the receipt of which is hereby acknowledged, has remised and released
and by these presents does remise, release, convey, and forever quitclaim unto the party of the
second part and his successors and assigns all right, title, claim any interest of the said party of
the First part in and to a certain lot or parcel of land lying and being in the county of New
I lanover, North Carolina, and more particularly described as follows:
SEE A'rl'ACI IED EXI IIBIT `A'
SUBJECT, HOWEVER, to all taxes, special assessments and prior liens or encumbrances
of record against said property and any recorded easements.
To have and to hold the aforesaid lot or parcel of land and all privileges thercunto
belonging to him, the Grantee, his heirs and/or successors and assigns, free and discharged from
all right, title, claim or interest of the Grantor or anyone claiming by through or under him,
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed and sealed the
day and year first above written,

Avenir Development, LLC
By:_ AA,
�Cmm,,
ger
By: (SEAL)
John R. Stike, member/manager
By: (SEAL)
hn 6. Lennon, member/manager
STATE 1OF NORTH CAROLINA
COUNTY
11 .; 13� ,,., , r�._ , A Notary Public of the County and State aforesaid
certify that Alex F. C er, member/manager of Avenir Development, LLC personally appeared
before me this day, and (I have personal knowledge of the identity of the principal(s)(I have seen
satisfactorily evidence of the principal's identity, by a current state or federal identification with
the principle's photograph in the form of a „ )(1, L, )(a erodible witness has sworn
to the identify of the principal(s)); each acknowledging to me that he or she voluntarily signed
the foregoing document for the purpose stated therein and in the capacity indicated.
Date: U
NOTARY
r. o4ina
My CommissionF,xpires: {SEAL J
rrie, ' 2,2ooe
•4*######*##i*f*#####4##i###4###4##i##i#f######## ####�y��
STATli Oh NORTH CAROLINA
COUNTY
I, L -- ✓ _7 - /L. -, -, �-r ,, _ A Notary Public of the County and State aforesaid
certify that John R. Stike, member/manager of Avenir Development, LLC personally appeared
before me this day, and (I have personal knowledge of the identity of the principal(s)(1 have seen
satisfactorily evidence of the principal's identity, by a current state or federal identification with
the principle's photograph in the form of a n/,-L (a credible witness has sworn
to the identify of the principal(s)); each acknowledging to me that he or she voluntarily signed
the foregoing document for the purpose stated therein and in the capacity indicated.
Date: 0-/1 1 /07
NOTARY PUBLIC
My Commission Expires: SEAL )
##4#s+F##f4*44*s#4##**#*##*#****4**#***4********4*s*t4**4#**s*s***4*#s*##*s#***
OFFICIAL SEAL
SEA],
Notary Public, A100 Carolina ~' r^ uolina i
i MINTY "IMECNLENBURG i y 'IRG
ERW T, OFNNINGTON
1 N ,0"S;ion expires Nov ki 12, 2008 I. n08

STA"1'E OF NORTH CAROLINA
Nt,, 4, -16 -- COUNTY
C- R i 161 e l n- , c , A Notary Public of the County and State aforesaid
certify that John D. Lennon, member/manager of Avenir Development, LLC personally appeared
before me this day, and (i have personal knowledge of the identity of the principal(s)(l have seen
satisfactorily evidence of the principal's identity, by a current state or federal identification with
the principle's photograph in the form of a u�o�4— (a credible witness has sworn
to the identify of the principal(s)); each acknowledging to me that he or she voluntarily signed
the foregoing document for the purpose stated therein and in the capacity indicated.
Date:
NOTARY PUBLIC
My Commission Expires: I / 1 Z U { SEAL }
*#*####ti##!#i#####rt#♦*#!!*i###t!#*!!##*##**#t#i#!i#*###!ii#iiii#i#!#ii#i####!
1 �� OFFICIAL 5f��+ qt, �~
Notary Public. North Carolina
{ COUNTY OF MECKLENBURG
ERIK T. BENNINGTON
l... -. t -TT SiO.w.RYp

EXHIBIT A
Tract No. l:
Being all of Lot 7, Avenir Subdivision, as shown on Plat recorded in Book 44, Page 249,
New Hanover County Registry.
Tract No. 2:
Being all of Lot 8, Avenir Subdivision, as shown on Plat recorded in Book 44, Page 249,
New Hanover County Registry.
Trace No. 3:
Being all of Lot 12R, Avenir Subdivision, as shown on Plat recorded in Book 48, Page
154, New Hanover County Registry.

'01NIY;,
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 1213112007 04:17:04 PM
Book: RE 5264 Page: 2873-2877
Document No.: 2007061061
QCD 5 PGS $23.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
DOCUMENT OF
POOR QUALITY
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007061061*
2007061061

C201004200257
State of North Carolina
Department of the Secretary of State
ARTICLES OF DISSOLUTION OF
LIMITED LIABILITY COMPANY
=i/512010
12947
Date F101:25:00 PM
/5/2010arshallNorthretary of State00257
Pursuant to §57C-"6 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the
following Articles of Dissolution for the purpose of dissolving the limited liability company.
1. The name of the limited liability company is: Avenir Development, LLC _
2. The dates of filin of its Articles of Organization and ail amendments thereto are as follows:
December 12, 2001
h
3. The reason for filing the Articles of Dissolution is : (please check one of the following items)
❑ The time specified in the articles of organization or the company's written operating agreement has occurred. T
❑ The happening of an event specified in the company's articles of organization or their written operating agreement.
Q The written consent of all members.
❑ The company no longer has any members.
❑ The entry of a decree of judicial dissolution under G.S. §57C-6-02.
4. The effective date (which shall be date certain) of the dissolution, as determined in accordance with N.C.G.S. §57C-6-01, is
February 5th. 2010
5. Attach any other information determined by the managers filing these articles.
This the 5th day of- February ^, 20 10
lent, LLC
Liability Company
7 ' Signature
Jo D. Lennon IMana er
Type or Print Name and Title
Notes:
1. Filing fee is $30. This document must be cited with the Secretary of State.
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January, 2002) (Farm L-07)

f

Pusey, Steven
From:'
Pusey, Steven
Sent:
Wednesday, May 09, 2012 2:24 PM
To:
'John Lennon'
Cc:
Scott, Georgette; 'Phil Tripp'
Subject:
RE: NOV - Avenir Subdivision
Dear Mr. Lennon:
We have received the engineer's certification and the house floor plan from Phil Tripp. The floor plan is in accordance
with the original design of allowable BLIA, which is not greater than 3,000 square feet per unit.
In response to your email, the change is required on the Declaration of Covenants, Conditions, and Restrictions
document for Avenir, "The Declaration". If you no longer have control over this document, I suggest you have someone
from the Avenir Board of Directors make the change and record it with New Hanover County since they are allowed to
make this change according to the Declaration (reference Article V, Section 3.f). Once complete, I will need a copy of
this recorded Amendment. The changes need to be affected before we can call the permit compliant, and it must be
compliant before we can transfer the permit to the Avenir HOA.
In addition, we need a copy of the deed transfer for the common areas to the HOA. And, finally, please provide
documentation showing that the proposed permittee (Avenir HOA) is a legal entity and that the named representative
has the authority to act on its behalf. Sources for this information may include but are not limited to the Office of
Secretary of State, legal deeds, and meeting minutes.
Let me know if you have further questions.
Regards,
Steve Pusey
DWQ
From: John Lennon [mailto:[e-mail]]
Sent: Monday, May 07, 2012 10:36 PM
To: Phil Tripp; Pusey, Steven
Subject: Re: NOV - Avenir Subdivision
Mr. Pusey,
I will complete the transfer documentation. Can you please clarify the change to the deed restrictions? I know longer have any control over the HOA
documents and I was not clear whether you were referring to those or the permit itself? Thanks very much,
John Lennon
910-239-5895
From: Phil Tripp <[e-mail]>
Date: Thu, 3 May 2012 14:36:55 -0400
To: "'Pusey, Steven"' <steven.pusey@ncdenr.g_ov>
Cc: John Lennon <[e-mail]>
Subject: RE: NOV - Avenir Subdivision
Steve,
Will do.
We have the architectural floor plan and we are preparing the certification.

Thank you,
Phil
From: Pusey, Steven [mailto:[e-mail]_v]
Sent: Thursday, April 26, 2012 10:42 AM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks, Phil. I look forward to receiving the footprint and certification.
There are a couple other issues to deal with on this permit, as follows:
1. Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each
Unit is limited and restricted to 3,000 sf of built -upon area."
2. The owner, John Lennon, wants to transfer this permit to the HOA. As such, he needs to fill out and sign the
Permit Transfer Request form for an HOA. This development is subject to the Planned Community Act, Chapter
47F laws. Therefore, he does not need the HOA's signature to complete the transfer. The requirements to
transfer are shown on the form (reference DWQ website). I also talked with Mr. Lennon about this form and he
may already have a copy.
Let me know if you have any questions about this transfer procedure. I just thought it would be good to get that process
started as the paperwork can take considerable time.
Can you copy in Mr. Lennon on this email? I don't seem to have his email address.
Thanks,
Steve
2

SGv �D �D fD,6
Bob Chance
From: John Lennon [e-mail]]
Sent: Mo day— 07 2012 10:46 AM
To: Bob Chang [e-mail]-, [e-mail]
Subject: e: venir Common Area Deed
"1`lLiI`-70L-(
Before you go down that path.......
I have delayed the transfer in order to insure that the DWQ stormwater permit could be transferred to the HOA in good
standing. It is up renewal at the end of this year and they indicated two deficiencies on the permit. 1.) There was no engineer's
certification of the final improvements and; 2.) they wanted to insure that the covenants were in -line with the permit as far as
restricting built upon area, In an effort to do the right thing, and at my expense, I have retained an engineer, had the final
improvements surveyed and provided additional documentation to the DWQ to address the built upon area issue. I felt it best
to insure that when the common area was transferred, it was done with a current stormwater permit that didn't require any
additional action on the part of the HQA. I spoke to the engineer, Phil Tripp, last week and will follow up with him again this
week to see where we are in the process. I have been working on this for the four months you describe and hope It will be
resolved in the next several weeks.
I am traveling on business all week but will have intermittent access to e-mail.
John Lennon
910-239-5895
From: Bob Chance <[e-mail]>
Date: Mon, 7 May 2012 10:37:28 -0400
To: "john.lennon - coldwellbanker.com" <john.lennbn cDcoldwellbanker.com>, John Lennon
<[e-mail]>, "DMcLean Mc uirewoods.com" <[e-mail]>
Subject: Avenir Common Area Deed
John & Dickson,
I have recently been re-elected to the Avenir Board of Directors.
I am informed that you John have still not delivered a signed deed transfer to our attorney J.C. Hearne, despite promises
from Dickson that this was being done.
It is now well over 4 months that we have been trying to obtain this deed transfer.
This lack of action seems to reflect yet another example of behavior unbecoming to a Realtor and prominent figure in
Wilmington society.
You are showing the same disregard to the homeowners of Avenir as was exhibited when you failed to honor a
legitimate business agreement,.and deliberately defaulted on an agreed settlement figure.
Your current lack of action in this matter might be taken to be deliberate ploy to frustrate homeowners who had
previously filed a complaint with the NCREC. I sincerely hope this is not the case.
I know from past business dealings how adverse you are to deadlines set, however you leave us no choice in this
instance.
We request that you respond to this email by Friday May 11`h, with a date when you will be able to execute the Deed
Transfer.
The Deed Transfer needs to be executed before Thursday May 3151 or we will assume that you have no valid reason for
the delay in executing your last legal link to Avenir.

Pusey, Steven
From: Pusey, Steven
Sent: Thursday, April 26, 2012 10:42 AM
To: 'Phil Tripp'
Subject: RE: NOV - Avenir Subdivision
Thanks, Phil. I look forward to receiving the footprint and certification.
There are a couple other issues to deal with on this permit, as follows:
1. Paragraph 2.f of the deed restrictions need to be amended to state something like "the built -upon area of each
Unit is limited and restricted to 3,000 sf of built -upon area."
2. The owner, John Lennon, wants to transfer this permit to the HOA. As such, he needs to fill out and sign the
Permit Transfer Request form for an HOA. This development is subject to the Planned Community Act, Chapter
47F laws. Therefore, he does not need the HOA's signature to complete the transfer. The requirements to
transfer are shown on the form (reference DWQ website). I also talked with Mr. Lennon about this form and he
may already have a copy.
Let me know if you have any questions about this transfer procedure. I just thought it would be good to get that process
started as the paperwork can take considerable time.
Can you copy in Mr. Lennon on this email? I don't seem to have his email address.
Thanks,
Steve
From: Phil Tripp [maiIto: [e-mail]]
Sent: Thursday, April 26, 2012 7:49 AM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steve,
The driveways and sidewalks for each unit were calculated separate from the buildings and were included with asphalt
and concrete totals. The 3000 sf per unit is allotted exclusively for the house. The houses are approximately 2400 sf
each yielding approximately 600 sf per unit for other impervious. It appears the units are below the threshold. We will
be forwarding an actual footprint for your review.
In addition we are completing our review of the drainage facilities. Certification to follow.
Thank you for your patience with this project. We know it has been lengthy and laborious. Time has been been
required to adequately re -collect information from ten years ago.
Is there any other submittal data you will need to close out?
Thank you,
Phil
From: Pusey, Steven [mailto:steven. usey(i�ncdgnr_oov]
Sent: Wednesday, April 25, 2012 6.13 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
So, does this mean that each lot should only have 3,000 sf, including driveway, sidewalk, patios, etc.?

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Or, were the driveways and sidewalks, at least, calculated as concrete and asphalt separate from the buildings? This
would mean that each house (2,400 sf) would have an extra 600 sf to add a patio.
Steve
From: Phil Tripp [m@[e-mail]]
Sent: Wednesday, April 25, 2012 2:54 PM
To: Pusey, Steven
Subject: FW: NOV - Avenir Subdivision
Steve,
We have determined 3000 sf per lot is for the house only. Driveways and sidewalks were calculated separately in the
original design. We have researched the house footprint and determined the area at approximately 2400 sf. The houses
are basically the same or a mirror image. We will be submitting the footprint for your review. The good news is the
project should be under impervious limits.
Your thoughts on how to address the restrictive covenants?
Thank you,
Phil
From: Pusey, Steven [mpi�:[e-mail]]
Sent: Thursday, April 12, 2012 1:20 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Phil,
Just by running some preliminary numbers, it looks like you are at around 35% BUA per lot at present. So, I don't think it
will be possible to handle 85% BUA per lot. Instead, you may need to raise the BUA to somewhere around 4,300 sf per
lot. This means the permit and the recorded deed restrictions would need to be modified.
I look forward to receiving your final calculations and submittal.
Thanks,
Steve
From: Phil Tripp fmailto:ptri,pp@g&.rr.com]
Sent: Thursday, April 12, 2012 12:27 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steve,
Thank you for the follow up.
We have been working with the original developer to find additional as -built information for the improvements at the
individual homes.
We need this information to calculate existing impervious area. Accumulating data for each and every homesite has
been laborious.
We have notified the owner of the two week deadline and will continue working to assemble a return package.
Thank you for patience.
Phil
From: Pusey, Steven[ma iIto: [e-mail]]
Sent: Thursday, April 12, 2012 10:11 AM

_ -. _1 1' � - r• ice.

To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Importance: High
Phil,
What happened with this one?. I thought you were going to have something submitted around the first week in March.
This permit needs to be modified so that the deed restriction statement in the permit matches the recorded deed
restrictions. The recorded deed restrictions state that BUA cannot exceed 85% of the lot area. So, we need a drawing
showing the lot area for each lot. The lots are not shown on the current plans. Or, you may want to nail down an actual
BUA amount for each lot. Either way, we need a drawing showing the lots, and possibly a table showing the BUA
allowed per lot. Also, you must show in your calculations that this maximum allowed BUA per lot is being handled by
the infiltration basins.
The bottom line here is that we will have to proceed with enforcement if the permit is not modified within 2 weeks.
Please advise ASAP.
Thanks,
Steve Pusey
From: Phil Tripp [maiIto: ptripp0ec.rr.com]
Sent: Thursday, February 23, 2012 6:10 PM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
We are in receipt of the as-builts. We will review and be in touch early next week.
Thank you,
Phil
From: Pusey, Steven [mailto;[e-mail]]
Sent: Monday, February 06, 2012 12:02 PM
To: Phil Tripp
Subject: RE: NOV - Avenir Subdivision
Thanks for the update, Phil. I look forward to hearing more from you later. I will check back in a couple weeks if I don't
hear from you.
Steve
From: Phil Tripp [mailto.otrinpCa eC.rr.com]
Sent: Monday, February 06, 2012 11:59 AM
To: Pusey, Steven
Subject: RE: NOV - Avenir Subdivision
Steven,
Owner has retained a surveyor and in the process of preparing an as -built of the stormwater. Upon receipt and review
we will be able to better give you an update.
Thank you,
Phil

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TRIPP ENGINEERING? P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] * FAX: [phone]
July 18, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Avenir
SWS 020406
New Hanover County, NC
TE 01090
Dear Linda:
JUL 18 ZOOZ
In response to your correspondence dated June 13, 2002, we offer the following:
1. A typical unit has been detailed and dimensioned.
2. A proposed typical grading plan for each lot has been shown.
3. A vegetative filter has been shown in more detail and a flow spreader provided.
4. The math errors have been corrected. New calculations and supplements are
provided.
5. Revised calculations and supplements are provided.
b. Trench #2 has been drawn at 108'.
7. All lengths and widths have been identified and labeled on the supplement.
8. The two sections in question are designed to not have laterals.
9. Basin #1 has been labeled "overall".
10. The supplement for trench #3 has been revised along with the corresponding
details.
11. Detail does correspond with the top of the trench at 14.25.
12. The applicant has been changed to Avenir Development, LLC, of which Chris
Yerkes is a manager.
Please review for approval and contact us if you have any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
June 13, 2002
Mr. Christopher G. Yerkes, Project Manager
Plantation, Inc.
PO Box 2473
Wilmington, NC 28402
Subject: REQUEST FORADDITIONAL INFORMATION
Stormwater Project No. SW8 020406
Avenir
New Hanover County
Dear Mr. Yerkes:
The Wilmington Regional Office received a Stormwater Management Permit Application
for Avenir on April 4, 2002. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review,
1. Please provide a dimensioned typical building footprint, including any sidewalks
leading from the driveway to the front door, patios, and covered decks.
2. Please show the roof drainage collection piping or some other methodology to ensure
that the roof drainage is directed into -an infiltration trench.
3. The 5:1 swale on the plans is not the same thing as a vegetated filter. Please provide
an appropriate 50' vegetated filter and detail with a flow spreader, specify the
vegetation to be planted in the filter, and show all elevations and inverts.
4. There are math errors in the volume calculations, all in the volume of the smaller
diameter pipe, which will result in a smaller volume provided. For example, in
Trench 1, the area of an 8" diameter pipe is 0.349 ft'. In the 120' of 8" pipe provided,
the volume is 42 ft', not 62.8 ft'. Please check and correct.
The volume calculation must be based on the entire drainage area, not just the
impervious area. The volume calculation for an infiltration system is no different that
for a wet pond, except that in this case, the design storm is 1.5". Please revise.
6. Trench 2 measures only 100' on the plans, but the supplement reports 108'.
Please report the leiigths and widths of the various pieces that make up Trench 3 on
the supplement. "Varies" isn't sufficient since the engineer does not show the lengths
and widths in the calculations. Please assign an identifier such as "A", "B" and "C"
to the various pieces and Iist the length and width of each piece on the supplement.
Two pieces of Trench 3 do not show any laterals. -Are the laterals not shown for a
reason, or are they not proposed for those two pieces?
Please label the "Drainage Basin 1" column on the application as the "Overall".
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
80C-623-7748

Mr. Yerkes
.lure 13, 2002
Stormwater Project No. SW8 020406
----------------------------------------------
10. The supplement for Trench 3 reports both the Seasonal High Water Table elevation
and the trench bottom elevation as 10.25. The plan details, however, show the trench
bottom elevation at 13.25. Please correct and revise.
11. The Infiltration Structure "3" detail on sheet C3 shows a weir elevation at 14.25. This
elevation should correspond to the top of the trench elevation of 17.25. Please correct
and revise.
12. Only the president or vice-president of the corporation may sign the application. As
the project manager, you will need to provide a signed letter of authorization from
the president or vice-president of Plantation, Inc., on company letterhead, authorizing
you to sign the permit application.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to July 13, 2002, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of all
required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a
time extension to the Division at the address and fax number at the bottom of this letter. The request
must indicate the date by which. you expect to submit the required information. The Division is
allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original documents
must be returned or new originals must be provided. Copies are not acceptable. If you have any
questions concerning this matter please feel free to call me at [phone].
Sincerely, .....
Linda Lewis
Environmental.Engineer
RSS/arl: S:IWQSISTORMWATIADDINF0120021020406.JUN
cc: Linda Lewis
Charlie Cazier, Tripp Engineering

March 29, 2002
Storntwater Narrative
Avenir
Wilmington, NC
TE 01090
Avenir is an existing 5.66 acre tract with one existing house. The existing house will be
removed for the construction of sixteen (16) 3,000 sf homes. Within the community, will
be paved streets (19,586 so and concrete sidewalks (17,461 so. A proposed total
impervious area of 85,047 sf requires a high density design at 34.5% impervious.
Stormwater will be treated by underground infiltration systems designed to exceed the
State's l'/z" requirement for SA waters. Discharge will be routed through existing
vegetated drainage out to Hewletts Creek, classification SA.

TRIPP ENGINEERING, P.C.
41 419 Chestnut street
Wilmington, Nortli Caroline 28401
Phone: [phone] • FAQ:: [phone]
March 26, 2002 RECEIVED
NCDENR APR 0 4 ZOOZ 2r�`
Division Water Quality $y
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis X
Re: Avenir
New Hanover County, NC
TE 01090
Dear Linda.
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, three (3) underground infiltration trench
supplements, two (2) sets of calculations and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
r
Charles D. Cazier, E.I.
MCA&
Enc.

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION _-- t.; .So"
TIME/DATEu��ts
REPRE, SEMYNG f- COfnMu11 �SSyc.•diV,a,,
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to snaking public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
caretully the following guidelines signing the form:
1. Due to die large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. AUVointments will be scheduled
between 9:00am and 3:00nm. Viewing time ends at 4:45pin. Anyone arriviny without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facilityname. The number'of files that you
may review at one time will be limited to five,
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no
charge for 25 or less copies. Payment may be made by check, money order, or cast] at the
reception desk, Copies can also be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are
permitted in the file review area.
�. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
2.
4.
5.
/ bl-71112,
ignature- a a f Firrivausiness Dat Time In Time Out.
Please attach a business card to this ornn r-
COPIES MADE —� PAID ,�Z 1NV0fCE _

Tmpp ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX [phone]
September 6, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Avenir
SW8 020406
New Hanover County, NC
TE 01090
Dear Linda:
M.
I
SEP 6 2002
In response to your correspondence dated September 5, 2002, we offer the following:
1. We have made the 24" pipe a 12" both in the plan view and detail of trench 3A.
By using your scaled numbers, we now have 450 If of 12" CPP and 338 If of 8"
CPP. A new set of calculations, supplements and plans have been provided.
2. The dimensions on page 2 are as follows:
Height: All trenches are 4' in depth
Width: Section A is 15'
Section B is 25'
Length: Section A — two trenches: 73' + 190' = 263'
Section B — two trenches: 60' + 100' = 160'
Please review for approval and contact us if you have any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, EA.
CDC -deb
Fj
Enc.

P. 1
FILE MODE
--------------
061 11FMORY TX
* * COMMUNICATION RESULT REPORT ( SEP. 5.2002
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
Date: September 5, 2002
To: Charlie Cazier
Company: Tripp Engineering
FAX #: [phone]
ADDRESS (GROUP)
9-7635631
3:OOPM )
TTI
RESULT
--_----OK
NCDENR WIRO
PAGE
---------- 1i1
P.
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F, Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.F„ Director
Division of Water Quality
Wilmington Regional Office
FAX COVER SHEET
DWQ Stormwater Project Number: SW8 020406
Project Name: Avenir
MESSAGE:
Dear Charlie;
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
I tried to get this permit issued, but I am confused by the following items:
I . The detail for Trench #3 indicates that there are three pipe sizes, 24", 12" and 8", but
the supplement and calculations only account for the 12" and S". By scaling the
plans, I calculate 210' of 24" CPP, 240' of 12" CPP, and 338' of 8" CPP. Please revise

W ATFR
o -c
Date: September 5, 2002
To: Charlie Cazier
Company: Tripp Engineering
FAX #: [phone]
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
DWQ Stormwater Project Number: SW8 020406
Project Name: Avenir
MESSAGE:
Dear Charlie:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
I tried to get this permit issued, but I am confused by the following items:
The detail for Trench #3 indicates that there are three pipe sizes, 24", 12" and 8", but
the supplement and calculations only account for the 12" and 8". By scaling the
plans, I calculate 210' of 24" CPP, 240' of 12" CPP, and 338' of 8" CPP. Please revise
the supplement and calculations. You can either come in and correct the supplement,
or I can mail the original back to you.
2. The dimensions for Trench #3 on page 2 of the supplement are confusing. Please
identify which pipe size(s) is associated with each of the trench lengths and widths
reported.
S:\WQS\STORMWAT\ADDTNFO\2002\020406.SEP
NCDEN.It
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748