SW8931204_Historical File_20020531

�0F W A W
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O - ~C
Mr. B.D. Stanaland, President
W.M. Stanaland Estate, Inc.
1328 Harbour Watch
Calabash, NC 28467
Michael F. Easley, Governor
Secreta
North Carolina Department of Enviro mlent� d Natu'ralrG. Resourcees
May 31, 2002
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
Subject: Permit No. SW8 931204
Ocean Harbour Estates
High Density Subdivision Stormwater Project
Dear Mr. Stanaland: Brunswick County
The Wilmington Regional Office received a complete modification to the Stormwater Management permit
Application for Ocean Harbour Estates on May 21, 2002. Staff review of the plans and specifications has
determined that the project, asproposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 931204, dated May 31, 2002, for the construction of the project,
Ocean Harbour Estates. The modification was required to account for a reduction of the HD-1 trench system.
This permit shall be effective from the date of issuance until May 31, 2012, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to gh request an
adj udicatory hearing upon written request within thirty (3 0) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me
at [phone].
Sincerely,
-Rick Shiver
Water Quality Regional Supervisor
RSS/:arl S:1WQSIST-ORMWATIPERAGT1931204
cc: John Klein, P.E.
Town of Calabash Building Inspections
Division of Coastal Management
Linda Lewis
Wilmington Regional Office
Central Files
&NR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

State Stormwater Management Systems
Permit No. SW8 931204
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
W.M. Stanaland Estate, Inc.
Ocean Harbour Estates
Brunswick County
FOR THE
construction, operation and maintenance of 4 underground infiltration trenches 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 May 31, 2012 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the, Project Data Sheet. The subdivision is permitted for'38 lots, each allowed 5,300 square
feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. This infiltration system must be operated with a 50' vegetated filter.
5. All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements. The final plats for the project will be recorded showing all such required easements,
in accordance with the approved plans.
2

Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Name of Receiving Stream / Index #:
Classification of Water Body:
Design Storm:
Trench Identifier:
Trench Dimensions, LxWxH, feet:
Trench Bottom Elevation, FMSL:
State Stormwater Management Systems
Permit No. SW8 931204
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Ocean Harbour Estates
SW8 931204
Brunswick County
Mr. B.D Stanaland, President
W.M. Stanaland Estate, Inc.
1328 Harbour Watch
Calabash, NC 28467
May 21, 2002
ICWW / 15-25
Drainage Area, acres:
Total Impervious Surfaces, ftz:
38 lots at 5,300 ftz:
Roads/Parking, ftz
Offsite Area entering System, ftz:
Volume exfiltrated during storm, W:
Required Storage Volume, W:
Provided Storage Volume, W:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Type of Soil:
Expected Infiltration Rate:
Seasonal High Water Table Elevation:
Time to Draw Down:
&IN11 N
1.5 inch
HA-1
11IB-1
HC-1
HD-1
130x4x4
422x4x4
420x4x4
63x4x4
24.75
31.35
28
22.7
1.68
3.71
3.91
1.58
21,826
59,928
63,401
25,787
11,936
39,788
37,135
15,467
9,890
20,140
26,266
10,320
none, per Engineer
26,000
84,400
84,000
12,600
2,912
7,753
8,196
4,297
1,077
3,496
3,480
522
28
34.63
32.34
27
bypass to vegetated filter pipe
Wando
300 inches per hour
20.3 FMSL
less than 1 hour for all trenches
3

State Stormwater Management Systems
Permit No. SW8 931204
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown
on the approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including
driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete,
the built -upon area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA
limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not
relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
4. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon 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 was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to the permit.
6. 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
9. 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.
10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
11. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
4

State Stormwater Management Systems
Permit No. SW8 931204
12. 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 side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
h. The vegetated filter shall be kept free of erosion. The spreader mechanism shall be kept free of
sediment and trash, and shall evenly distribute the runoff across the width of the filter.
13. Records of maintenance activities must be kept and made available upon request to authorized personnel
of D WQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
14. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the
form:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number 931204, as issued by the Division of Water Quality under NCAC
211.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 5,300 square feet. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be accomplished through
providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the
system are not required to provide these measures.
5

State Stormwater Management Systems
Permit No. SW8 931204
15. Prior to transfer of the permit, the facilities must be inspected by DWQ personnel, and determined to be in
compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design
condition prior to the transfer. Records of maintenance activities performed to date will be required.
16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the
deed book number and page, and stamp/signature of the Register of Deeds.
17. 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.
18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open. wood decking, or the water surface of
swimming pools.
III. GENERAL CONDITIONS
1. 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 "Name/Ownership
Change Form" must be submitted to the Division of Water Quality accompanied by appropriate
documentation from the parties involved, including as may be required, but not limited to, a deed of trust,
recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good: standing with DWQ. The approval of this request will be considered on its merits
and may or may not be approved.
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 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.
6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities duri-g normal business hours.
7. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days.
8. 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.
0

State Stormwater Management Systems
Permit No. SW8 931204
Permit issued this the 31st day of May, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
--� -"" ki �- -A A N 4 `fir-^---
Gregory J. Thorpe, Ph.1% Acting Director
l Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 931204
7

INFILTRATION TRENCH ANALYSIS
Filename: G:IDATAIWPDATAIWQSIINTRENCH1931204-C
Project # •
931204-D
Date
Project Name
Ocean Harbour Estates Trench D
Reviewer
Recvng Stream
ICWW
Classification
Drainage Basin
Lumber
Index #
Site Area
24.92 acres
Drainage Area
Impervious Area Calculation
Lots
Road
Concrete
Total
Volume/Storage Calculation
15467
10320
If Rational Method is used, place a 1 in this box 0
Required
Provided
Design Storm
RV
100.
Pipe Diameter
Length Of Pipe
Storage In Piping
Total Storage in Piping
Length Of Trench
Width Of Trench
Height Of Trench
Cross -Sectional Area Of Trench
Voids Volume (40% voids)
Total Volume, pipe + voids
31-May-02
L. Lewis
SA
19-25
68746 SF
1.58 Acres
Rational Cc (list C after each BUA)
1
1
% Impervious:
Cc= 0.50
1.5 in
0.39
CF
37.5%
Pipe Size 9 Pipe Size 2
2 Feet
63 Feet
0 198 Cubic Feet
Cubic Feet
63 Feet
4 Feet
4 Feet
16.00 SF
n. yam.:.. Y:\•''''{
qg
Cubic Feet
Trench Volume per linear foot
Volume exfiltrated during 2 hour storm
Elevation Of Bottom Of Trench
Elevation Of SHWT
Overflow Elevation
ExFltration Rate / Drawdown
Reported Hydraulic Conductivity
Bottom Surface Area
i :. e
Cubic Feet
%t Cubic Feet
23.7 Mean Sea Level
20.3 Mean Sea Level
27.7 Mean Sea Level
300 in/hr = 25 Cubic Feet Per Hour Per Sq Ft
252 Square Feet
{ hours
Comments:
Required volume, storage, and drawdown guidelines are met.

Entity Names
http://www.secretaxy.state.nc.us/Corporations/Corp.asp?470962
Gate: 5i31 /2002
Document Filings
Corporation Names
Name Name Type
W. M. Stanaland Estate, Inc. Legal
Business Corporation Information
SOSID: 0139508
Status: Current -Active
Date Formed: 1/4/1978
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Principal Office
Agent Name:
Bennett, Vertilee S
Address:
Registered Office
1159 River Rd
Principal Mailing
Address:
Calabash NC 28467
Address:
Registered Mailing
1159 River Rd
Address:
Calabash NC 28467
No Address Listed
1157 River Rd Sw
Calabash NC 28467-2709
1 of 1 5/31/2002 3:02 PM

* * * COMMUNICATION RESULT REPORT ( MAY.14.2002 10:59AM )
P. 1
FILE MODE
527 MEMORY Tt;
OPTION
REASON FOR ERROR
E-9.) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
9-9105757509
NCDENR WIRO
PAGE
-------------
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State ofNoA Carolina
Department of Environment 4nd Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William, G. Doss Jr., Secretary
FAX COVER SHEET
P. 3/3
Date: 102 No. Of Pages:
To: Fro nm:
CO: _ CO:
FAX #• �'IJb - '7S -- '� SrD 2._ FAX#• 1�0-350-2004 _ ..
REMARKS
L. '
127 Cardinal Drive Extension, Wilmington, N.C. 2840MR45 Telephone (DID) 395-3900 FAX [phone]�� An Equal opportunity AWIrmstive Action Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: A22
To: :z=-
CO:
FAX #:_ I/v -
REMARKS: Wy. 'emu,
No. Of Pages: �
From:
CO:
FAX#: [phone]
. Y�r " 1
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]'Y2�
An Equal Opportunity Affirmative Action Employer

Cal Hunkele To: Beverly Rivenbark Date: 5/14/2002 Time: 9:24:04 AM Page 1 of 1
A,CSIMILE COVER PAGE
Co _ _ _ _ Beverly Rivenbark _ _ _ _ _ From : Cal Hunkele
�ent : 5/14/2002 at 9:24:02 AM Pages : 1 (including Cover)
Subject: Re_ Stormwater Project No SW 8931204
Dear Ms. Rivenbark:
I last received a letter from Linda Lewis dated February 18, 2002 regarding the permit status of the above project. In that
letter she stated she expected furthur responses from the permit holder by February 25, 2002 and that soon a system
would be permitted and constructed for this project. I have received no further updates from Ms. Lewis or see any
construction activity here at Ocean Barbour Estates.
I would appreciate it if you would pull the file and fax me a copy of any additional correspondence or other information
which has been added to this file either by the permit holder or Division of Water Quality since February 18, 2002.
My fax number is 910-575-7509. I will leave my fax on today to receive anything you might send. If you have any
trouble faxing, call me at 910-575-7508.
Thanks once again for your help.
Cal Hunkele

lRl�
,� • From'•.:nr2tq� S-•+uud Ro I15
fax Note 7671
Date 4
�
pages ►
Nbf4 ►..Ewt'�i
From
Air . Vt4 `.
Co K`4tN'{�iV• F.Nf� -
-
Phones
Tel: 843-27.'-
Fax: 843-27;- ; .1
p L vAk \ VA It h
i o:.Iohn Klein From: Vaughn Stanaland
Fax #:[phone] �.----_�
C)111.?�<►1Yr : ��-rt�l;l,.1_... (_in«'rllle Tel [phone]
Sent..i)a/2�),`�ilil� �,t �? 1'lVl Pages' 1 (Including cover)
Page N oFt-,
\l\' ild-I lumrhries) is the Secretary for W. M. Stallaland 17'sultcs. Inc. She %%a• dui •.
-itilh iri ed h-. 11w° or and its President_ B. I7i1rI11� StlnAli111d. [c) h�111t!]e the �tgl't11 ll�ltc r (i1"�ltlias,� ltta''
r��ilrc1111�? {.)��t!tl I I ��lata�. !•h{s ��;lc 11eCesF;lrti' dll2ll) 1 CO11t111U111° Ilh)zs�• -
i Iltoittltlalrlr -m 0 r �t, ill h.• uut of tONVll the Vveek the Meell 1S is scheduled. She has of enA an alicnia:
dmc 'I"ft►� d.t�.. ` 1 ;rlrl.', II the meeting can be scheduled forthell both 41le and 1 will be in ,11tc,,a.,,•
1'd like [t) su.:��. �1 1-.1 t 1, rtn:cting be held on -site at Ocean Habour Estates, In this rasa I think it vNi1 1\ k,u l.I
in order';o th'o v , at 111. rtlinol- nature ofthis issue and discuss the ahernative . As ti%e ha\e
Since 01e ol-wItul •' h- Ill';i4led there have been no occurrence., of overflow colldltic.ms. It �eeI11� tllt!1 II,-•
:!Cc ! tahle operation has been overlooked. MSIvbc It eYdr\•olle saw the kysi r tI:_
drainap-, at'ea .:In,' ; I"w". -xouId understand where we coiling from. j
'I'banks.
V1.111 till►
\Ile 149-7
1\'Int w% PRO ('mrr h.r��•

Wrightsville Engineering services
April 11, 2002 File No.: 97013.1
Ms. Linda Lewis
NCDENR, DWQ
127 Cardinal Drive Extension RECEIVED
Wilmington, NC 28405-3845 APR 15 2002
Re: Ocean Harbour Estates, Brunswick County BY:
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis:
We are responding to the latest correspondence dated April 3, 2002 regarding
the request for additional information. Please note that our office did respond
with a request for an extension and subsequent letter dated March 1, 2002. This
latter letter, in addition to asking for clarification of several key issues, requested
a meeting with the owners and your office to resolve several key issues. To
date, we have not been contacted by DWQ for scheduling this meeting. We are
sure that our client would like to respond directly to some of the issues related to
the project.
Should you wish an additional copy of the letter dated April e, please notify our 2'
office. We await word regarding our future meeting. 30
Sincerely,
2
WRIGHTSVILLE ENGINEERING SERVICES
J N K. KLEIN, PE 1
Cc: Ms. Nester Stanaland-Humphries
Enclosure: March 1, 2002 letter
3410 Wrightsville Avenue Wilmington, Noith Carolina 28403 910.799.7967 Fax 910.793.o599

Wrightsville Engineering Services
March 1, 2002
Ms. Linda Lewis
NCDENR, DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
File No.: 97013.1
APR 15 2002
Re: Ocean Harbour Estates, Brunswick County
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis:
We have reviewed the most recent letter dated January 25, 2002 regarding the
Request for Additional Information with our client; and, would like to forward the
following comments as a response to this most recent request.
1. Regarding the inability to account for infiltration during the storm event, the
January 25t' letter indicates that "The Division is allowed to revise certain
interpretations of the rules...". Later, the letter indicates the following, "Since the
old ales that this project was permitted no longer exist,..... As is appears that
the interpretation and not the rules have changed, we would like some
clarification on this issue such as when this occurred and supporting
documentation regarding such.
2. Our understanding was that your office contacted Raleigh for clarification on
infiltration during the storm event. It is our understanding that a correspondence
with Ms. Jeanette Powell indicated that this could be utilized providing the runoff
is "controlled"; and is, in fact, implemented in areas such as the Outer Banks.
Based on this finding, please clarify your response.
3. Our methodology applies sound engineering and routing methods. We have
difficulty in recommending a design that appears to arbitrarily "store" the given
runoff knowing that a great deal of infiltration will occur during the storm event.
Our client has recommended that a meeting be arranged with your office to
discuss the project to resolve our differences. We hope that a mutually
satisfactory solution can be achieved which meets both DWQ and the
developer's needs. Please contact us at your earliest convenience to arrange.
Sincerely,
XSV LLE ENGINEERING SERVICES
HN LEIN, PE
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
April 3, 2002
Ms. Nester Stanaland-Humphries, Secretary
W.M. Stanaland Estates, Inc.
1328 Harbour Watch
Calabash, NC 28467
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 931204
Ocean Harbour Estates
Brunswick County
Dear Ms. Stanaland-Humphries:
The Wilmington Regional Office requested additional information regarding the Stormwater Permit
Modification for Ocean Harbour Estates on January 25, 2002. A reply was required by February 25, 2002, however,
to date, no response has been received. At this time, I have no choice but to initiate an enforcement action for failing
to respond to that request for additional information.
I have received confirmation from Raleigh that the system must be designed to hold at least the volume
associated with the runoff from a 1.5" storm. As requested on January 25, 2002, please provide the following
information to continue the stormwater review:.
1. Please design the system with sufficient volume to contain the runoff from the 1.5" design storm.
2. Please show the invert of the relocated perforated piping from the new junction box into the existing
trench on the section view of the Junction Box Detail.
. ok
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Wrightsville Engineering Services
March 1, 200.2
Ms. Linda Lewis
NCDENR, DVVQ
127 Cardinal Drive Extension
Wilmington, NIC 28405-3845
File No.: 97013.1
Re: Ocean Harbour Estates, Brunswick County
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis -
We have reviewed the most recent letter dated January 25, 2002 regarding the
Request for Additional Information with our client, and, would like to forward the
following comments as a response to this most recent request,
1. Regarding the inability to account for infiltration during the storm event, the
January 25" letter indicates that "The Division is allowed to revise certain
interpretations of the rules... ". Later, the letter indicates the following, "Since the
old rules that this project was permitted no longer exist,...". As is appears that
the interpretation and not the rules have changed, we would like some
clarification on this issue such as when this occurred and supporting
documentation regarding such.
2. Our understanding was that your office contacted Raleigh for clarification on
infiltration during the storm event. It is our understanding that a correspondence
with Ms. Jeanette Powell indicated that this could be utilized providing the runoff
is "controlled'; and is, in fact, implemented in areas such as the Outer Banks.
Based on this finding, please clarify your response.
3. Our methodology applies sound engineering and routing methods. We have
difficulty in recommending a design that appears to arbitrarily "store" the given
runoff knowing that a great deal of infiltration will occur during the storm event.
Our client has recommended that a meeting be arranged with your office to
discuss the project to resolve our differences. We hope that a mutually
satisfactory solution can be achieved which meets both DWQ and the
developer's needs. Please contact us at your earliest convenience to arrange.
Sincerely,
WSV UE ENGINEERING SERVICES
N LEIN, PE
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsv*� Avenue WIMington, North Cervlina 26403 910.7991W Fax [phone]

Wrigh is ville Engineering Services
February 26, 2002 File No.: 97013.1
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NIC 28405-3845
Re: Ocean Harbour Estates, Brunswick County
Request for Modification to Permit
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis
Items in your letter dated January 251h have required our office to resolve several
major issues: to -date, we have not reached a formal conclusion and request that
we be allowed till the end of week for a response to the letter.
Should there be any questions concerning the request for extension, please feel
free to contact our office.
Sincerely,
CILLE ENGINEERING SERVICES
HN K_ KLEIN,PPE
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsville.•) Avenue Wilmington, North Carolina 28403 910. 799, 7967 Fax 910, 793.0599

Ms. Stanaland-Humphries
April 3, 2002
Stormwater Project No. SW8 931204
---------------------------------------------------
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 May 3, 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:IWQSISTORMWATIADDINFO120021931204.APR
cc: Linda Lewis
John Klein, P.E.

William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
February 18, 2002
Mr. Cal Hunkele
1338 Harbour Watch, SW
Calabash, NC 28467
Subject: Permit Status
Ocean Harbour Estates
Stormwater Project No. SW8 931204
Brunswick County
Dear Mr. Hunkele:
The Division is in receipt of your letter dated February 7, 2002. A modification to the permit was submitted
on May 15, 2001, and after several attempts, the application is still incomplete. The items cited in the February 7,
2001, Notice of Violation are being addressed by the applicant. The application process allows the Division a 90
day review time and the applicanta. 30 day response time. Due to some technical design questions raised by the
engineer, this process has been slightly extended, but I anticipate issuing this permit soon.
Our goal is to bring this site into compliance by requiring a functioning infiltration system to be constructed
in accordance with the permit requirements. I am reluctant to initiate an enforcement action because both you and
Ms. Stanaland-Humphries allege that the other is responsible for the removal of the infiltration system. Rather than
get bogged down in determining who is at fault, I have chosen to get the situation resolved within the scope of the
stormwater management permit rules and conditions. If you wish to assign blame, you are free to seek relief in the
court system.
My letter to Ms. Stanaland-Humphries was sent out on January 25, 2002. She has until February 25,_2002,
to respond. You have been very patient with a very complicated situation, and we appreciate it. I ask you to please
continue to be patient, and soon an appropriately sized infiltration system will be permitted and constructed for this
project. If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\931204.FEB
cc: Linda Lewis
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

February 7, 2002
North Carolina Department of Environment and Natural Resources
Division of Water Quality -Wilmington Regional Office
Attn: Ms. Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: File # 931204 Ocean Harbour Estates Subdivision
Dear Ms. Lewis:
It has now been nearly five months since I received your letter dated September 24, 2001
in response to my letter to you of September 6, 2001. Nearly two years have elapsed
since my first correspondence to you on these matters dated February 19, 2000.
In your letter of September 24, 2001, you stated that the project was resubmitted on
August 23, 2001 and you would try to review it within the next two weeks. What is the
status of your review? Although I have repeatedly asked that our Homeowners
Association be updated on this matter, it just does not happen. The only time we receive
an update is if I initiate correspondence to you.
In your letter of September 24, 2001, you did address some of our concerns I raised in my
letter of September 6, 2001. however your most disturbing response was contained in
Item # 7. You stated " As to what would happen to the developers of Ocean Harbour
Estates, I cannot say. The Division is unable to prove exactly who was at fault for the
removal of the infiltration system; therefore I am hard-pressed to write up an enforcement
action. " I have previously provided you with a survey of lot #11, which showed no
easement, recorded for the original placement of the section of system, which was
removed. I have provided you with a detailed explanation of how it was removed, who
was present and authorized such removal, and written correspondence from the developer
and related parties discussing the removal and their remedy. I also offered to get written
affidavits of persons present during this action but was told by your Division that was not
necessary. Therefore I do not understand your reluctance to issue an Enforcement Action
to the developers.
At this point we need to know what specific action your Division plans to pursue and a
timetable of events. The Board of Directors of the Ocean Harbour Estates Homeowners
Association needs to know if we need to pursue other remedies with the State officials in
Raleigh or elsewhere. We believe we have been extremely patient with your Division for
nearly two years but nothing has changed. We still have two lots affected by this storm
water runoff problem and see no visible action occurring. We have our Annual Member's
Meeting scheduled for Saturday, March 2 and most likely will need to address this issue.

We would prefer to receive an update from you either in person or by telephone unless we
can receive a written update to review. We would like this to occur within the next 7-10
days.
I would appreciate hearing from you on how you wish to update us on this matter.
Respectively,
Cal Hunkele
Director and President, Ocean Harbour Estates Association, Inc.
1338 Harbour Watch, SW
Calabash, NC 28467
910-575-7508
v"c'*c: Mr. Rick Shiver, Division of Water Quality Regional Supervisor
cc: Mr. Henry Lepore, Director, Ocean Harbour Estates Association, Inc.
cc: Mr. Brooks Gore, Director, Ocean Harbour Estates Association, Inc.

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February 7, 2002
North Carolina Department of Environment and Natural Resources
Division of Water Quality -Wilmington Regional Office
/Attn: Ms. Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: File # 931204 Ocean Harbour Estates Subdivision
Dear Ms. Lewis:
It has now been nearly five months since I received your letter dated September 24, 2001
in response to my letter to you of September 6, 2001. Nearly two years have elapsed
since my first correspondence to you on these matters dated February 19, 2000.
In your letter of September 24, 2001, you stated that the project was resubmitted on
August 23, 2001 and you would try to review it within the next two weeks. What is the
status of your review? Although I have repeatedly asked that our Homeowners
Association be updated on this matter, it just does not happen. The only time we receive
an update is if I initiate correspondence to you.
In your letter of September 24, 2001, you did address some of our concerns I raised in my
letter of September 6, 2001. However your most disturbing response was contained in
Item # 7. You stated " As to what would happen to the developers of Ocean Harbour
Estates, I cannot say. The Division is unable to prove exactly who was at fault for the
removal of the infiltration system; therefore I am hard-pressed to write up an enforcement
action. " I have previously provided you with a survey of lot #11, which showed no
easement, recorded for the original placement of the section of system, which was
removed. I have provided you with a detailed explanation of how it was removed, who
was present and authorized such removal, and written correspondence from the developer
and related parties discussing the removal and their remedy. I also offered to get written
affidavits of persons present during this action but was told by your Division that was not
necessary. Therefore I do not understand your reluctance to issue an Enforcement Action
to the developers.
At this point we need to know what specific action your Division plans to pursue and a
timetable of events. The Board of Directors of the Ocean Harbour Estates Homeowners
Association needs to know if we need to pursue other remedies with the State officials in
Raleigh or elsewhere. We believe we have been extremely patient with your Division for
nearly two years but nothing has changed. We still have two lots affected by this storm
water runoff problem and see no visible action occurring. We have our Annual Member's
Meeting scheduled for Saturday, March 2 and most likely will need to address this issue.

We would prefer to receive an update from you either in person or by telephone unless we
can receive a written update to review. We would like this to occur within the next 7-10
days.
I would appreciate hearing from you on how you wish to update us on this matter.
Respectively,
Cal Hunkele
Director and President, Ocean Harbour Estates Association, Inc.
1338 Harbour Watch, SW
Calabash, NC 28467
910-575-7508
cc: Mr. Rick Shiver, Division of Water Quality Regional Supervisor
cc: Mr. Henry Lepore, Director, Ocean Harbour Estates Association, Inc.
cc: Mr. Brooks Gore, Director, Ocean Harbour Estates Association, Inc.

�OF *A
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Ms. Nester Stanaland-Humphries, Secretary
W.M. Stanalarid Estates. Inc.
1328 Harbour Watch
Calabash, NC 28467
Dear Ms. Humphries:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
January 25, 2002
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 SW8 931204
Ocean Harbour Estates
Brunswick County
The Wilmington Regional Office received the response to the previously requested additional
information letter for Ocean Harbour Estates on November 16, 2001. A preliminary review of that information
has determined that the application is not complete.
The reference in the rules to "Controlling Urban Runoff', Tom Schueler,1987,is specific to pages A.1
and A.2 only, storage volume calculation, and nothing else. The parts of that manual that provide design
guidance for exfiltration trenches such as is quoted in Mr. Klein's November 15, 2001, were not incorporated
into the rules and cannot be applied. While the existing prof ect was permitted by allowing the volume of runoff
which infiltrated during the storm event to be subtracted from the required minimum storage volume in 1993,
we are unable to permit the modification the same way. The Division is allowed to revise certain interpretations
of the rules when those interpretations result in nuisance conditions or when they are proven to not be in the
best interest of improving water quality. Had the infiltration system been maintained as permitted, we could
not now go back and ask you to redesign. The system was altered without DENR permission and a modification
was submitted after the fact. Since the old rules that this project was permitted under no longer exist, the
Division must apply current criteria to the modification. If this isn't sufficient to change your opinion, per
NCAC 2H.1008 (c)(6), additional measures may be required on a case -by -case basis to maintain and protect
water quality.- Due to the proximity of this project to SA waters, and the complaints of flooding we have
received at this particular trench location, I am going to require that the trench be designed to hold the entire
1.5" runoff volume., or 3,330 cubic feet.
Please show the invert of the relocated perforated piping from uhe new jumction box into the existing
trench on the section view of the Junction Box Detail.
L��
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Ms. Humphries
January 25, 2002
Stormwater Project No. SW8 SW8 931204
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 February 25, 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 proj ect 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 fiee to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120021931204.JAN
CC' Linda Lewis
John Klein, P.E.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Wrightsville Engineering Services V 16 2001
LJBBY.N'
November 15, 2001 File No.: 97013.1
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Ocean Harbour Estates, Brunswick Cc
DWQ Permit No.: 931204 dated 8-2-9
Dear Ms. Lewis:
We are in receipt of your letter dated Oc
the infiltration gallery for the project. We
the statements in the letter and provide re
1. The Soil Conservation Service 1
stormwater analysis is, perhaps, the cl
available to engineers for modeling a give
most comprehensive evaluation of the sys
occurring prior to and after the major stor
nature, it is perhaps the most conservat
currently available due to this feature.
consistent with providing equivalent protea
I
"n l�fS,P �o�yrif
LLYCo=1me17
CC�� '7�t 4
cl'V99/I
2. We disagree with the requirement to "hold at least the volume associated with
the runoff... n. Review of the Stormwater Best Management Practices Manual by
DEHNR, for which page 84 of this manual is enclosed, requires ca ture and
infiltration of the runoff but makes no mention of the need to hold the entire
volume. During a prior discussion with your office, we were informed that
Raleigh was consulted on this point and that a determination was made to allow
infiltration during the storm event. Review of several projects already approved
validate this point as this approach was used. In fact, the original approval of this
project incorporated infiltration during the storm event. Therefore, we feel this
point to be inconsistent with prior approvals.
3. Regarding NCAC 2H.1008 (c)(1), we noted that it refers to a manual entitled
"Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban
BMP's" for approved calculations methods. Review of this manual validates two
important points, both of which are copied for your needs:
a. In design of complete exfiltration systems, the volume must be "large enough
to accommodate the entire expected design runoff volume, less any runoff
volume lost via exflitration during the storm".
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

b. Regarding design methods of the eAltration, the manual indicates "the
passage of the inflow hydrograph through the trench can be modeled using the
modified TR-20 procedure to determine the appropriate sizing of the trench".
Both points seem to be on point with the both the approach used and the
methodology.
Therefore, based on our review of the design documents, we feel our submittal to
be appropriate and are hereby returning the original completed Underground
Infiltration Trench Supplement for further consideration.
Should there be any questions concerning the enclosed information or additional
copies desired, please feel free to contact our office.
Sincerely,
WRIGHTSVILLE ENGINEERING SERVICES
Enclosures
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

M. Disadvantages
A problem associated with the past high fdbu+e rate is that when a BMP fails, the starmwater radves little
MUnakt Also, drdees which use inmM don are restricted to those areas with pameable sills, deep
water tables, deep bedrock and stable areas where the nmmwdw coutains litde sedimea 7be greatest
potential concern about inMoration practices is that hd brafioo pf atormwater may contaminate ground
water. To date, no major - r - --lnatlon has occurred (Schuder. at al.1992).
IV. Casts
Infiltration devices are less espendve than large wetlands, but mac a q=dve than a simple dry detention
basin. Given that infiltration devices can otan fit iota eras with limited space, they may be the most cost:
effective: eontnol available in some situations. Also, then are situations where an infiltration device may be
constructed beneath an impervious surface, r>2fty COUSUIDIAS no developable mod.
V. Design Requirements
• Soak mat have been tested and shown to hdaftse, a minimum of O.S2 indeafiour at the bottom of the
• Infiltration devces moult capt ow =dQlVMdW'Mn0ff f om first 1.5 inches of rainfall fQ areas that
drain to SA classified wutas, Vd 1.0 inches radnf l in all spas.
• of this mppst otxatne within S days.
• The maximum drainage am that dxx flow to a single device is 5 acres.
• Pretreatment devices Such as catch basim grew traps. fiber strips, grassed swales and sediment traps
must be used to p mtect jufflu don devices from clogging,
• Al inffitratim devise should be abed a minimum of 30 feet f M surface water. 50 feet from Class SA
waters, and 100 foot from =W water supply wells.
• The both of the ink device should be a minluxim of 2 feet above the seasonal high water
tlblcv with graben sqWsdon dedralft
• °fie bottom of the infiltdadou device m= B� a minim m of 3 feet above any bedrock or impervious
soil horizon.
• The bottom of the device most be lined with a layer of clean sand with an avenge depth of four inches.
• The sides of an iuufiltradon trench mat be lined wide geotex1fle filer fabric,
• The rock used in infiltration trenches must be free of fines (washed scene) and have as large a void
ratio as passible. Rounded stone, such as beach gravel, has a largo void ratio than angular crushed
stoce.
• In811ranor< devices must be designed as off-line BMps. This mew that r"_ in eaa of ci s deedgn
volume by-passes the system.
• L MUldon devices should not be eonsaucW on 8II material, but would be allowed on a case -by -case
basis.
• At least onto observation wild should be included in the design of an infiltration device and may be
requited on a case -by -case basis.
• Runoff should not be directed to an fuft [on devise mill the draimp am Is stdOzed
Other Design Gaidelbm
r
�To�a�hwl}T�� EST
84
�NAQEweENT 1�1Q�LTICES
J-

5.2 Chapter 5: Infiltration Trenches
Advantages of infiltration trenches are that they preserve the natural
groundwater recharge capabilities of the site, are relatively easy to fit
into the margins, perimeters and other unutilized areas of a development
site, and are one of the few BMPs that provide pollutant removal on small
sites or infill developments.
The disadvantages associated with infiltration trenches include practical
difficulties in keeping sediment out of the structure during site
construction (particularly if development occurs in phases), the need for
careful construction of the trench and regular maintenance thereafter, and a
possible risk of groundwater contamination.
INFILTRATION TRENCH METHODS
A schematic of an infiltration trench is shown in Figure 5.1. Basically,
runoff is diverted into a shallow (3-8 feet deep) excavated trench that has
been backfilled with stone to form an underground reservoir. Runoff is then
either exfiltrated from the reservoir into the underlying subsoil or is
collected by perforated underdrain pipes and routed to an outflow facility.
Trench size depends on two factors: the volume of runoff controlled, and
the degree to which exfiltration is used to dispose of runoff. Typically,
larger trenches are needed for stormwater control, whereas smaller versions
can be employed for water quality purposes. The three basic trench systems
are described below.
Complete Exfiltration System
In this design, runoff can only exit the trench by exfiltrating through,
the stone reservoir and into the underlying soils (i.e., there is no positive
pipe outlet from the trench). As a result, the stone reservoir must be large
enough to accommodate the entire expected design runoff volume, less an
runoff volume lost via exfiltration during the storm. The complete
exfi Ltration system provides total peak discharge, volume, and water quality
control for all rainfall events less than or equal to the design storm. A
rudimentary overflow channel, such as a shallow berm or dike, may be needed
to handle any excess runoff from storms greater than the design storm.
Partial Exfiltration System
It may not always be feasible or prudent to rely totally on exfiltration
to dispose of runoff. For example, there may be concerns about the long-term
permeability of the underlying soils, downstream seepage, or clogging at the
interface between the filter fabric and subsoil.
Many current designs use a perforated underdrain at the bottom of the
trench to collect runoff and direct it to a central outlet. Since trenches
are narrow, the collection efficiency of the underdrain is very high. As a
result, these designs may only act as a short-term underground detention
system. The low exfiltration rates and short residence times, together,
result in poor pollutant removal and hydrologic control.
A p2J�cz+[� MAt-J%J L �otie PC.A�1 N� Nt�c
t ANn �sIcTN lNG V��AN 'g��''S�

uliapter 5: Infiltration Trenches
5.3
Performance of partial exfiltration systems can be improved during
smaller storms when perforated underdrains are not used. Instead, a
perforated pipe can be inserted near the top of the trench (Figure 5.2).
Runoff then will not exit the trench until it rises to the level of the outlet
Pipe. Storms with less volume than the design storm may never fill the
trench to this level, and will be subject to complete exfiltration.
In either design, the passage of the inflow hydrograph through the trench
can be modeled using the modified TR-20 procedure (Md WRA, 1983b) to
determine the appropriate sizing of the trench. Due to storage/timing
effects, partial exfiltration trenches will be smaller in size than full
exfiltration trenches serving the same site.
Water Quality Exfiltration Systems
The storage volume of a water quality trench is set to receive only the
first flush of runoff volume during a storm. The first flush volume has been
variously defined as; 1) one-half inch of runoff per impervious acre, 2)
one-half inch runoff per acre, and 3) the volume of runoff produced by a one
inch storm. The remaining runoff volume is not treated by the trench, and is
conveyed to a conventional detention or retention facility downstream.
While water quality exfiltration systems do not satisfy stormwater
storage requirements, they may result in smaller, less costly facilities
downstream. The smaller size and area requirements of water quality
exfiltration systems allows considerable flexibility in their placement
within a development site, an important factor for "tight" sites.
Additionally, if for some reason, the water quality trench fails, stormwater
may still adequately be controlled by a downstream SWM facility.
INFILTRATION TRENCH DESIGN VARIATIONS
Trench designs can be further distinguished as to whether they are located
se runof
on the surface or below ground. Surface trenches accept diffuf
(sheet flow) directly from adjacent areas, after it has been filtered through
a grass buffer. Underground trenches can accept more concentrated runoff
(from pipes and storm drains), but require the installation of special inlets
to prevent coarse sediment and oil/grease from clogging the stone reservoir.
Several examples of surface and underground trench designs are shown in
Figures 5.2 to 5.9, and are described below. In most cas-es, these designs
are adaptable for either full, partial or water quality exfiltration.
Surface Trench Applications
Surface trenches are typically applied in residential areas, where
smaller loads of sediment and oil can effectively be trapped by grass filter
strips. Since the surface is exposed, these trenches have a slightly higher
risk of clogging than underground trenches. However, if preventative
measures are taken (e.g., placing permeable filter fabric 6-12 inches below
the surface of the trench to intercept sediment), any surface clogging that
occurs can be relieved without having to reconstruct the entire trench.
Because of their accessibility, surface trenches are easier to maintain and
inspect.
v �r
o.r�c G6
ELT �L� MANJ�4L Fa+= P�-AN � 1 N G

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional office
October 16, 2001
Ms. Nester Stanaland-Humphries, Secretary
W.M. Stanaland Estates, Inc.
1328 Harbour Watch
Calabash, NC 28467
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 931204
Ocean Harbour Estates
Brunswick County
Dear Ms. Stanaland-Humphries:
The WilmingtonRegional Office received a Stormwater Management PermitApplication for Ocean Harbour
Estates on August 23, 2001. 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. Per NCAC 2H.1008(c)(1), the storage volume of the system shall be calculated to provide for the
most conservative protection using runoffcalculation methods described in the BMP manual. While
the infiltration rates at this site are extremely high, the rules require that at a minimum, the system
be sized to hold at least the volume associated with the runoff from 1.5" of rain. Since the infiltration
rates are so high, the only break I can givc you is that additional storage volume for the 25 year storm
will not be required.
lei
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
w' 800-623-7748

Ms. Stanaland-Humphries
October 16, 2001
Stormwater Project No. SW8 931204
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 November 16, 2001, 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 proj ect 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:\WQS\STORMWAT\ADDINFO\931204.00T
cc: Linda Lewis
John Klein, P.E.
I-

Re: Infiltration
Subject: Re: Infiltration
Date: Tue, 16 Oct 2001 09:33:12 -0400
From: Bill Moore <[e-mail]>
To: Linda Lewis <[e-mail]>
How's my favorite stormwater engineer doing ? Have you attained the
status of "BIMS Master" yet ? I still don't like BIMS, but I'm finally
learning to get around in my "Model T". About infiltration systems; most
systems are designed to store the design volume without considering the
infiltration rate of the soils. If you determine that 1.5-inches of
runoff will generate 5000 cf, then you provide a minimum of 5000 cf of
free storage. The fact that you have a high infiltration rate means that
the system should draw down in a short period of time and should work
really well. If you begin to allow reduced storage capacity due to high
infiltration rates, where do you draw the line ? I think this position
may be consistent with the intent of the rules. However, given the very
favorable site conditions you describe, I might tend to be somewhat
flexible with the design specs, if I felt comfortable with the overall
project. For example, if the basin can store & infiltrate the runoff from
a 10-year storm event (about 4.5 inches), then I would probably forego the
requirement for a bypass system. Be careful, the next project/consultant
may want the same consideration for a site with less favorable site
conditions. "This will come to pass".
Hope you have a great day. I need to come see you sometime soon; we
can talk shop & eat a fancy lunch & you can train me to be a "BIMS
Master".
Linda Lewis wrote:
> Dear Bill:
> What criteria do you use to determine if a project meets the
> infiltration design when it has a high infiltration rate?
> My project has an infiltration rate of 300 inches per hour (high sandy
> bluff overlooking the ICWW). Is there a minimum design size that you
> require? The 1.5" volume equates to about 4,300 cubic feet, but they
> provide a trench system that will hold only 522 cubic feet. How do you
> determine if enough volume has been provided?
> Thanks, hope all is well with you.
> Linda
Biil Moore <Bill.Moore@,nctnail.net>
1 of 1 10/16/2001 10:14 AM

INFILTRATION -TRENCH ANALYSIS
Filename: S:1WQS11NTRENCH1931204A.WK1
Project #
931204A
Project Name
Ocean Harbour Estates
Recvng Stream
ICWW
Drainage Basin
Lumber
Site Area
24.92 acres
Impervious Area Calculation
Lot BUA 11936
Road 9890
Concrete
Total
VolumelStorage Calculation
If Rational Method is used, place a 1 in this box
Required
Design Storm
RV
Provided
Pipe Diameter
Length Of Pipe
Storage In Piping
Total Storage in Piping
Length Of Trench
Width Of Trench
Height Of Trench
Cross -Sectional Area Of Trench
Voids Volume (40% voids)
Total Volume, pipe + voids
Elevation Of Bottom Of Trench
Elevation Of SHWT
Overflow Elevation
ExHitration Rate/Drawdown
Reported Hydraulic Conductivity
Bottom Surface Area
:[cif�1 f ...... fl<< rrr :
25 YEAR 24 HOUR STORM
Intensity, i = .33 inches / hour
Qr=CiA=
Qp through the bottom of the basin=
HIGH INTENSITY EVENT
Intensity, i = 2 inches / hour
Volume=
COMMENTS
Date
16-Oct-2001
Reviewer
Lewis
Classification
SA
Index #
15-25
Drainage Area
72990 SF
1.68 Acres
Rational Cc (list C after each BUA)
0.98
0.98
C 0.43
Percent Impervious= 29.9%
0.24 CFS
3.61 CFS
871.14 CF <
'14?' Cubic Feet
24.75 Mean Sea Level
20.3 Mean Sea Level
28 Mean Sea Level
25 Cubic Feet Per Hour Per Sq Ft
0.007 feet per second
520 Square Feet
hours
Must be > Qr OK
1077.04423 NO

INFILTRATION TRENCH ANALYSIS
Filename: S:\WQSIINTRENCH\931204B.WK1
Project #
931204B
Project Name
Ocean Harbour Estates
Recvng Stream
ICWW
Drainage Basin
Lumber
Site Area
24.92 acres
Impervious Area Calculation
Lot BUA
Road
Concrete
Total
Volume/Storage Calculation
39788
20140
If Rational Method is used, place a 1 in this box
Required
Provided
Design Storm
RV
....................................
................................................
Pipe Diameter
Length Of Pipe
Storage In Piping
Total Storage in Piping
Length Of Trench
Width Of Trench
Height Of Trench
Cross -Sectional Area Of Trench
Voids Volume (40% voids)
Total Volume, pipe + voids
Elevation Of Bottom Of Trench
Elevation Of SHWT
Overflow Elevation
ExHitration Rate/Drawdown
Reported Hydraulic Conductivity
Bottom Surface Area
25 YEAR 24 HOUR STORM
Intensity, i = .33 inches / hour
Qr=CiA=
Qp through the bottom of the basin=
HIGH INTENSITY EVENT
Intensity, i = 2 inches / hour
Volume=
COMMENTS
Date 16-Oct-2001
Reviewer Lewis
Classification SA
Index # 15-25
Drainage Area 161700 SF
3.71 Acres
Rational Cc (list C after each BUA)
0.98
0.98
C 0.49
Percent Impervious= 37.1 %
' 1.5 in
0.38
i CF
Pipe Size 1 Pipe Size 2
2 Feet
422 Feet
0 1326 Cubic Feet
Cubic Feet
422 Feet
4 Feet
4 Feet
16.00 SF
0.60 CFS
11.72 CFS
2178.62 CF <
:4 Cubic Feet
31.35 Mean Sea Level
20.3 Mean Sea Level
34.63 Mean Sea Level
25 Cubic Feet Per Hour Per Sq Ft
0.007 feet per second
1688 Square Feet
hours
Must be > Qr OK
3496.25126 OK

INFILTRATION TRENCH ANALYSIS
Filename: S:1WQS11NTRENCH1931204C.WK1
Project #
931204C
Project Name
Ocean Harbour Estates
Recvng Stream
ICWW
Drainage Basin
Lumber
Site Area
24.92 acres
Impervious Area Calculation
Lot BUA
Road
Concrete
Total
Volume/Storage Calculation
37135
26266
If Rational Method is used, place a 1 in this box C
Required
Provided
Design Storm
RV
0lu'M 4
Pipe Diameter
Length Of Pipe
Storage In Piping
Total Storage in Piping
Length Of Trench.
Width Of Trench
Height Of Trench
Cross -Sectional Area Of Trench
Voids Volume (40% voids)
Total Volume, pipe + voids
Elevation Of Bottom Of Trench
Elevation Of SHWT
Overflow Elevation
ExrIItrafion Rate/Drawdown
Reported Hydraulic Conductivity
Bottom Surface Area
raudsir;
25 YEAR 24 HOUR STORM
Intensity, i = .33 inches / hour
Qr=CiA=
Qp through the bottom of the basin=
HIGH INTENSITY EVENT
Intensity, i = 2 inches / hour
Volume=
COMMENTS
Date
16-Oct 2001
Reviewer
Lewis
Classification
SA
Index #
15-25
Drainage Area
170160 SF
3.91 Acres
Rational Cc (list C after each BUA)
0.98
0.98
C 0.49
Percent Impervious= 37.3%
1.5 in
0.39
BW CF
Pipe Size 1 1Pipe Size 2
Cubic Feet
28 Mean Sea Level
20.3 Mean Sea Level
32.34 Mean Sea Level
25 Cubic Feet Per Hour Per Sq Ft
0.007 feet per second
1680 Square Feet
<li hours
0.63 CFS
11.67 CFS Must be > Qr OK
2300 CF < 3480 OK

�0� W A TF�p
7
j r
Mr. Cal Hunkele, President
Ocean Harbour Estates Association, Inc.
1338 Harbour Watch, SW
Calabash, NC 28467
Dear Mr. Hunkele:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
September 24, 2001
Subject: Ocean Harbour Estates Subdivision
Stormwater Project No. 931204
Brunswick County
I am in receipt of your September 6, 2001, letter regarding your concerns at Ocean Harbour Subdivision.
While the project modification application package submitted on May 15, 2001 was inadequate, I have corresponded
with the applicant regarding how to make their application complete. While very little physical progress has been
accomplished, we have actually made great progress in terms of getting an application in for review. Once the
application is approved, and all requirements under the rules are met, the permit will be issued, and the
improvements can be constructed.
The project was resubmitted on August 23, 2001, for review, and by law there is up to 90 days review time,
however, I should be able to review it within the next week or two. Please be assured that all requirements of the
rules will be met before this permit is issued. As to the other concerns mentioned in your letter, I have the following
comments:
1. The past violations were not ignored. They have since been addressed by the installation of the required
vegetated filter.
2. The infiltration system the Division previously approved at Ocean Harbour was for the storage and treatment
of the runoff from the first 1.5" of rain. For storms that exceed this amount, the original proposed design
( and I stress proposed) is that the runoff overflows from the catch basin and makes its way across the cul-de-
sac to the vegetated filter. The curbing is supposed to channel the overflow to the filter. Part of the problem
here is that changes and revisions were made to this proj ect without benefit of a review. If they don't get built
the way we approve them, then there are going to be permit compliance issues. We review and approve
proposed designs based on whether they will work and meet the design requirements, not whether they are
necessarily the best design. Please also remember that our Office cannot review stormwater designs for
flood control. That is beyond our jurisdiction and not within the scope of the rules.
3. As to the performance of the maintenance, may I suggest you request copies of the maintenance records. If
none can be produced, I suggest you negotiate with the developer to have the system cleaned out and
restored to design condition before the Association accepts it.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Hunkele
September 24, 2001
Stormwater Project No. SW8 931204
4. Recommendations by our Office to withhold Certificates of Occupancy are a standard statement in cases like
this. It is our understanding that the building inspectors are unable to issue Certificates of Completion
wherever the conditions in a required permit are not met.
5. My current workload is overwhelming so please call to schedule an appointment if you wish to discuss the
project at length. If I am not available, my administrative assistant, Beverly Rivenbark, will be more than
happy to help you schedule an appointment with me.
6. I did not notice any additional paved surfaces on the revised plans, but thank you for bringing it to my
attention. When I review the revised plans, I will make sure those surfaces are accounted for.
7. The Division will not hold the Association responsible for the acts of the permittee. You will only be held
responsible for your own acts regarding the operation and maintenance of the system after the permit is
transferred to the Association. As to what will happen to the developers of Ocean Harbour Estates, I cannot
say. The Division is unable to prove exactly who was at fault for the removal of the infiltration system,
therefore, I am hard-pressed to write up an enforcement action. I think at this point, the thing to focus on
is to get the system cleaned out, permitted and rebuilt in accordance with the permit and the rules. Any
action the Association wishes to pursue to recoup the costs this situation has caused is completely your
decision.
8. When the designer sends in the Designer's Certification, the system is considered in compliance; however,
due to the past problems at this site, I am willing to schedule a site visit after the improvements are
completed. The visit will be to determine the status of permit compliance only. Any other issues that you
have with the development company must be resolved between you and developer. The Association will be
required to sign an Operation and Maintenance planprior to permit transfer. All maintenance responsibilities
are listed on this document. There are any number of landscaping and specialty firms willing to assist you
in maintaining the system for a monthly fee if the Association is unable to do the maintenance itself.
If you have any other questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\931204.SEP
cc: Linda Lewis

r RECEIVED
September 6, 2001 SEP 0 7 2001
BY:
North Carolina Department of Environment and Natural Resources
Division of Water Quality -Wilmington Regional Office
Attn: 1`��s. Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: File # 931204 Ocean Harbour Estates
Dear Ms. Lewis:
It has now been nearly nineteen months since I first corresponded with you regarding the above storm water
permit issued to Ocean Harbour Estates, Inc.. That correspondence was dated February 19, 2000. I had a
follow-up conversation with Mr. Shiver and provided additional information to him in correspondence dated
October 11, 2000. I understand the workload your Division undertakes but feel we have been patient as Notices
of Violation have been issued to the original developers, extensions granted, additional information requested,
ninety day review periods triggered, more violations issued, modifications submitted and withdrawn, etc. As
President of the Homeowners Association, the Board has discussed this situation and are discouraged that we see
no remedy in sight. Certain Association members have become aware of the Notices of Violation issued by your
Division and notification to Building Inspectors to consider withholding building permits and Certificates of
Occupancy. This certainly raises fear in their minds as to the viability of their investment in Ocean Harbour
Estates.
I have found it difficult to determine what progress is being made. It appears that I, as well as the Homeowners
Association, do not seem to stay updated by your Division even though the Violations affect where we live and
can impact our committed investment in property and homes. This needs to change. In an effort to find out
more, I asked you to make the file available to me and visited your office on August 9. I reviewed the file and
tried to see you the same day but the front desk was unable to get a response from you. I did expect to hear
from you but I have heard nothing.
Having reviewed the file, these are some preliminary observations that I have:
There have been outstanding violations that may go back to the original permit issued. Either the violations
were ignored or no follow-up was performed.
2. The modified plans submitted by the developers dated June 1999 appear to have been a stall tactic as the
subject property was actively for sale. Unfortunately this modification appears to have been well planned but
was subsequently withdrawn by the developers.
3. The modification submitted by a different firm in May 15, 2001 seems woefully deficient. This modification
according to your own observations provide for replacement of only 12% of the original system. On page two
of the report dated May 2001 by Wrightsville Engineering Services, the statement " Visual evidence would
indicate that the system has been performing satisfactory with only 35 linear feet of trenching active " is

completely false. A simple site visit by you will show obvious erosion from catch basin #19 undermining the
street curbing and overflowing onto lot #10 and along lot #11. Photographs were taken earlier this year showing
water overflowing from this catch basin in this manner.
4. Also indicated on the May 15, 2001 modification subraitted by the developer is an additional paved surface
fronting lots #1,2 and 3. This paved surface does not seem to have appeared on the original permit or any
previous modification submitted to your Division. It is a blacktop street with no curbing and appears to have
been installed by the developers as an afterthought. Also apparently not shown on any plans or modifications
submitted to your Division is a golf cart path located on lot #11 where a grass swale was originally indicated.
There is also concern that the wooden walkway located between lot #6 and lot #7 is not in compliance with the
original permit.
5. The file also indicated, as well as the report mentioned in item #3 above, that there should be an Operation
and Maintenance Plan in effect. No one is aware of any maintenance or cleanout of the existing system having
been performed in previous years, if ever.
According to your last correspondence with the developers, there was a deadline of August 23, 2001 to provide
you with additional information. Has this been received? Is there another 90 day review period? Has additional
information been requested and are further extensions and review periods likely?
Where do we go from here? I feel it is now appropriate for your Division to provide the Board of Directors of
Ocean Harbour Estates Association, Inc. a plan as to what definitive action we can expect the Division of Water
Quality to pursue as to the outstanding Notices of Violation against Ocean Harbour Estates, Inc., the developing
company of Ocean Harbour Estates. If the solution is to be pursued in Raleigh or elsewhere beyond the
Wilmington regional office, we need to know. The file suggests that there are violations dating back to the
original storm water permit issued to the developers. These violations are currently impacting certain members'
property within Ocean Harbour Estates and causing concern as to their investment in property and homes.
Finally, the Homeowners Association cannot assume any responsibility, or liability, for the current storm water
system pertaining to violations not remedied by the developers with the Division of Water Quality. Upon
ultimate resolution of any deficiencies, the Board would request that you review the entire storm water system
and maintenance responsibilities on site with it's current Board members.
We anticipate hearing from you soon.
Respectfully,
Cal Hunkele
Director and President -Ocean Harbour Estates Association, Inc.
1338 Harbour Watch, SW
Calabash, NC 28467
cc: Mr. Rick Shiver -Division of Water Quality Regional Supervisor
cc: Mr. Henry Lepore-Director,Ocean Harbour Estates Association, Inc.
cc: Mr. Brooks Gore -Director, Ocean Harbour Estates Association, Inc.

Wrightsville Engineering Services
August 23, 2001
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
File No.: 97013.1
IZEcEIVED
AUG 2 3 2001
Re: Ocean Harbour Estates, Brunswick County
Request for Additional Information
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis:
As requested in letter dated 7-23-01, please find enclosed additional
informational information as requested. Revisions include the following:
1. Revised application page 2 has been included which contains columns for
each drainage basin and the overall project. As the original project application
form did not contain a breakdown of the impervious areas, merely a weighted
runoff coefficient, we were able to back into the relative acreages as indicated.
2. Enclosed is a letter from the President of W.M. Stanaland Estates, Inc. giving
permission for Nester Stanaland-Humphries, Secretary, to sign on his behalf.
3. An additional vicinity map has been added to the Drawings which include
state routes.
4. Enclosed is revised page 1 of the application which designates W.M.
Stanaland, Inc. as the applicant. Ocean Harbour Estates, Inc. has been
dissolved as a corporation.
5. A detail of the previously designed trench has been included on the Drawing.
Inverts of the existing system are provided on the plan view.
8. It would appear that we have conflicting information as to the frequency of
overflowing of the existing inlet. Enclosed is a letter from the applicant dated
August 3, 2001, regarding ongoing field observations of the system. Review of
the DWQ files also indicates a letter from W. Vaughn Stanaland dated
September 28, 2000 regarding observations as well as photographs of the area.
Both indicate that the system appears to be working satisfactory, even without
the additional lineage which has been blocked off.
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

Page Two.
Ms. Linda Lewis
August 23, 2001
We would like to add that based on our own observations of thevisual evidence,
overflow of the basin had occurred at one time, but that the level erosion around
the vicinity of the basin has remained constant. This would seem to indicate that
the occurrence was not routine, nor re -occurring.
Also, in the unlikely event of overflow, the runoff appears to follow the natural
low -spot of the terrain which falls along the property lines of lots 10 and 11.
Covenants for the lots designate a 5-foot easement along all lot lines which gives
a corridor of 10 feet for the possible overflow. We have designated this on the
Drawing.
We hope the enclosed items are found satisfactory. Should there be any
questions concerning the enclosed information or additional copies desired,
please feel free to contact our office.
Sincerely,
WRIGHTSVILLE ENGINEERING SERVICES
J N K. KLEIN, PE
Enclosures
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

Date Received
F-23-o
Fee Paid
-$420 `" 7 43Z31
Permit Number
<WT 93/Zv¢ hfop.:::
State of North Carolina
Department of Environment and Natural Resources
Division of Water :Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This forest may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. -who owns the project):
�.i.M. S'CwW AV_A.WN ESTATE 1N�.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
MS 06Srt ST1ti1dAt�ANy aVF�IPwR+E� S�L1t�TMyt`f
3. Mailing Address for person listed in item 2 above:
13Z$ �A+ o.>� WATc.H t dc6wN �ownc)qv_ G67o,7ES
City:_ CA L.APSA S14 State: 1-1G 'Lip: Z(34&"t
Telephone Number. I %C)
4. Project Naive (subdivision, fatality, or establishment naive - should be consistent with project nano on plans,
specifications, letters, operation and maintenance agreements, etc.):
_ O�EhN a AYZeow� �STA�' ES
5. Location of Project (street address):
0rAit%1Z,M. WATC\4 OFF CCSAW NA% '6 1v6
City: CAL AO AWA County:_ �tiZ.r N Sw \tom
6. Directions to project (from nearest major intersection):
71SAki3 'tm\•►6 iMOVH \g7lesacnarj of N[.t1..r )ig
M�►a C)�c,+►��►egoa+t�y�, DvA,W 4�A�R�•i�2 En��R dS IS O�-+ T LE¢T
7. Latitude: ''S3 SZ Longitude: 87B '5 3 of project
8. Contact person who can answer questions about the project:
Name:IA MA"S-i-lw�WtS Telephone Number: ( _°i10 ) 5'75'- A91(o
LL PERMIT INFORMATION:
1. Specify whether project is (check one): New Renewal Modification
Farm SWU-101 Version3.99 Page i of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, Ii the
existing permit number and its issue date (if known)
3. ecify the type of project (check one): �.
ow Density High Density Redevelop General Perfnit Other
4. Addition roject Requirements (check applicable blanks):
_CAMA Major Sedimentation/Erosion Control _404/401 Pe-xrrut NPDES Stormwater
Information on required state permits can be obtained by contactinv'he ustomer Service Center at
1-877-623-6748. \ x
-
III. PROJECT INF•ORMATIO
zmx
1. Inthe space provided below, sum.1water willbe treatbd. Also attach a detailed narrative
(one to two pages) describing stormwaterN.tnanaagement for the project.
2. Stormwater runoff
3. Total Project
project drains to the
River basin.
4. Project Built L.ipon Area: %
5. How drainage areas does the project have?
6. mplete the following information for each drainage area. If there are more than two drain eas in the
project, attach an additional sheet w# the i�f�r dtion for each area provided in the same format below.
Receiving Stream Name
Receiving Stream Class
Drainage Area
S
1 *7
S/4
SA
Existing Impervious* Area
—
..
Proposed Impervious*Area
0.
1.4.Ct
% Impervious* Area (total)
8 i
141 IDo
(d
On -site Buildings a . 4. 1.54{97
On -site Streets O .2.4 (103Z0
On -site Parking
On -site Sidewalks
Other on -site O
Off -site O
Total: 0. C25 7,37 Total: Acl
alipaviuu, died a [1mneo as me aunt upon area including, but not limited t0, buildings, roads, parking areas,
sidewalks, gravel areas, etc
Form SWU-101 Version 3.99 Page 2 of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number 5 SM2 04 and its issue date (if known) A - Z- aj4
(o1c►4a►NALLY
3. Specify the type of project (check one): ?NMVV%►rt M
Low Density High Density Redevelop General Permit Z ^ Other
4, Additional Project Requirements (check applicable blanks):
_CAMA Major _Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
(..aa L�ENS►t-� PKo3�R WJ C^%-- %r+Tt�reS eritLtc.TE� koao+ TreEA s
W-4- VAF% rvt�►�oa�c1�S 'Tt►►S rlo�st�►c�4Tte� IWJN_VeS ModRic,�.Tlo�l
OF VIAS ►N Pak t-OON-VI lME51 &W AT b DES Fil> '
2. Stormwater runoff from this project drains to the A.1 WW River basin.
3. Total Project Area: 2A •9 �- acres
4. Project Built Upon Area: 25 %
5. How many drainage areas does the project have? A_
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
��..". .ii
it'ri}.:::;}}.v..: r.: u.:...r:-::.{:F..I..:. $'.. ..: F.... F.:.
Receiving Stream Name
Receiving Stream Class
Drainage Area
Existing Impervious* Area
...:::.:y .::...
.. :":::::.xpv -. •• f..: N:: -"' ... !.. ...
..:.:: ......::.....:. f4rIP. ..v"r'iwv.ryiY} ::::: i 5^{}:.
....vv.. ^:.:,..
p'�WVJ
Z /4 -ct
_
7 .
• 'Y - F.r
:l.
•n:.in:n •:ifi'l • t ..n :. '•: iu
n...v F....:....:. ki'l.>%-il•'i,}:: � . :?f:j,Y,.�.'.•n.�y�_;,•...� rx
A► IWV.1
S�
Proposed Impervious*Area
, Z
% Impervious* Area (total)
e
On -site Buildings
On -site Streets
On -site Parking
On -site Sidewalks
Other on -site
Off -site
Total:
I`otal:
ImperKnous area is denned as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of

7. How was the off -site impervious area listed above derived? h `:tvA L IV% ELD 46m Vw t`( PEte
., Fo%Lw.StN To *t�EZlrxyt -t uo E btAW fiM %i0%)0eAV_y
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
I- The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number Rsto+RDeb V0as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2: No more than ftZat, PE�'pli 7 re feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted rung ffftvm outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit suppleoaent form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-SM for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS �
Only complete application packages will be accepted and reviewed by the 'Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including.
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): 'E,abtw.) i0 fin S MX'J%cVrs
Mailing Address: 2-Arlo A-JerJ106
City: 11� �u-�t N G.T oN State: N G Zip: Z$ 403
Phone: ( Ckt 0 )-T99-`l9(0`1
VIIL APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) tJe�S�C ST/►NAL,aw7b - �t-t�t►`2t>✓S .
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Date: g o
Form SWU-101 Version 3.99 Page 4 of 4

RECEIVED
August 3, 2001
AUG 2 3 2001
DWQ
PROJ #
To whom it may Concern:
Re: IvCDE1vR (.Linda Lewis) Letter of 7/23,12001
Stormwater Project SW8 931204
The authorization/duly authorized representative is not a problem. Let that be the least of
our or anyone- s concern. The authorization that 1tiCDENR has requested will be provided.
Ocean Harbour Estates has been dissolved. I suggest that the application read "W.M.
Stanaland Estates, Inc. f/b/o Ocean Harbour Estates Association, Inc.
We are not building anything "new" so it seems that the original application for the overall
project and the systems need not be modified.
I have lived on Lot 6 in Ocean Harbour Estates, Inc. since October 1, 1996, a year or
more before Lot I I was built upon and long before Lot 10 was sold. I have been aware of the
drainage operations since the systems were put in and have visually observed their operating
during rain activity since the beginning of Ocean Harbour Estates, Inc. construction. The only
time I have ever seen evidence of back up drainage was once while Lot 11 had construction going
on. The debris was cleaned up and the proper drainage restore to full capacity. I have made a
habit of obser,. ing the cul-de-sac for proper drainage. The catch basin there works fine.
However, if NCDENR wants another infiltration rate, w1c have no choice but to provide it.
I do think it would be important for NCDENR to recommend someone to measure the infiltration
rates for the final time.
This entire matter concerns me and I'm eager to see it put to rest.
Sincerely,
°y�� �.-- -
Al
Nester Stanaland -Humphries

August 3, 2001
As, President of W. M. Stanaland Estates, Inc. and the dissolved Ocean Harbour Estate,
Inc., I hereby, assign Nester Stanaland-Humphries, Secretary of both the aforementioned
Corporations, to be the duly authorized representative for signing all correspondence and the
application for Stormwater Project SW8 931204 with NCDENR and Linda Lewis. In addition,
she is authorized to work with John Klein, P.E. as he endeavors to assist us in this matter.
Dated: 0131 0
WITNESS JAMIN-DAIUS STANALAND
RECEIVED
AUG 2:3 2001
DWQ
PROJ #

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
`William G. Ross, Jo r., Secretary
July 23, 2001
Ms. Nester Stanaland-Humphries, Secretary
Ocean Harbour Estates, Inc.
1328 Harbour Watch
Calabash, NC 28467
?WA 1
4 •
�r
NCDENR
NORTYi C;AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 931204
Ocean Harbour Estates
Brunswick County
Dear Ms. Stanaland-Humphries:
The Wilmington Regional Office received a modification to the Stormwater Management Permit
Application for Ocean Harbour Estates on May 15, 2001. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue the
stormwater review:
I.- Please complete a separate column on the application for each infiltration system, one for the
modified system, one for each of the three existing systems, and one for the overall low
density of the project. These documents will replace those originally submitted, therefore all
information from the original application for the overall project and the systems that are not
being modified must be shown in addition to the information for the modified system.
✓ 2. Only the president or vice-president of Ocean Harbour Estates, Inc., may sign the
application, or a duly authorized representative. Please have either the president or vice-
president sign the application or have one of them provide a signed signature authorization
which will allow you to sign the application on their behalf.
✓ 3. Please add the nearest major intersection to the vicinity map.
r/ 4. Which corporation will this permit be issued to? Both Ocean Harbour Estates, Iric., and
W.M. Stanaland, Inc. are listed as the applicant. Please choose one, preferably Ocean
Harbour Estates, Inc., since that is what was submitted for a name/ownership change earlier
this year.
5. Please detail the proposed infiltration trench on the plans. Include the height, width, stone
type, elevations, inverts, etc.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone]o rAx 910-350-2004
An Equal Opportunity Affirmative Action Employer 50% recvcled/10% nnd-rnncmm-r nanny

Ms. Stanaland-Humphries
July 23, 2001
Stormwater Project No. SW8 931204
6. The engineer indicates that the overflow will occur at the lowest point, the catch basin in the
road, but where will it go from there? If the road is pitched toward the basin, the overflow
would have to head across Lot 10. The calculations indicate that the system should never
overflow because it infiltrates faster than it can rain, but I have received complaints
concerning the erosive overflows from this system. It is very possible that after all the
construction over the years, the system is clogged with fines and needs to be restored to
design condition. Please confirm the condition of the system.
7. An onsite soils investigation will be performed in the near future to verify the claim of the
engineer concerning the infiltration capacity of the soils.
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 August 23, 2001, 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,
4c�� leu�-
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWATIADDINFO\931204.JUL
cc: Linda Lewis
John Klein, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Re: Question 931204
Subject: Re: Question 931204 �AVI
Date: Mon, 23 Jul 2001 08:07:30 -0400
From: Jeanette Powell <[e-mail]>
Organization: NC DENR DWQ
To: Linda Lewis <[e-mail]>
CC: Darren England <[e-mail]>
Linda -
I think you can take into consideration the infiltration rate, but it must be verified through an on -site
soils evaluation by an appropriate professional.
.1005(2)(b)(ii) ...control the runoff from all surfaces generated by 1 1/2 inches of rainfall.
.1008(d)... may be designed to provide infiltration of the entire design rainfall volume...
.1008(d)(5) Infiltration systems must be designed to completely draw down the design storage volume...
The argument could be made that if the soil conductivity will actually infiltrate to the point that the
storage volume can be reduced you are still meeting the regulations because you are still controlling it
and drawing it down. Not that this is justification, but WARO routinely undersizes basins where
conductivity permits, most typically on the outer banks.
I hope this helps.
0
Linda Lcwis wrote:
Jeanette:
I have an old project with a lot of history, but to be brief, we
received a modification to replace an infiltration trench system that
had been "accidentally" torn out and not replaced. The proposed trench
system is about 60% smaller than originally approved, but the drainage
area was reduced considerably as well. The problem is that the required
minimum volume for the first 1.5" is 4,297 cubic feet, but the proposed
trench will only proivde 522 cubic feet. The engineer claims that the
infiltration rate is so great that it can infiltrate much faster than it
can ever rain, and will never fill up, so he wants us to permit the
reduced trench size.
This project is already under a microscope by the residents, so I really
need to dot all my is and cross all my t's. I believe that the rules
require that the system be designed to store the 1.5" volume, regardless
of how fast it will infiltrate. Please confirm and comment on how, if at
all, the high infiltration rate could be considered a factor to reduce
the trench size.
Thanks, LL
1 of 2 7/23/2001 12:12 PM

IrNorth Carolina e ❑
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
FAX COVER SHEET
Date: July 21, 2001
To: Jeanette Powell
Company: DWQ Stormwater General Permits Unit
`
FAX #: 1cl — 733 — qql 7
DWQ Stormwater Project Number: SW8 SW8 931204
Project Name: Ocean Harbour Estates
MESSAGE:
Jeanette:
1 daW, A I r ,�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
My email is down until July 27. Please respond to my questions via voice mail or fax. Thanks.
Ocean Harbour Estates received a permit in 1994 for an infiltration system to treat the collected runoff from the
streets of a low density subdivision. During the course of construction on one of the lots, a portion of the
infiltration system was dismantled for a septic system. The developers have recently resubmitted, but the
system proposed is not nearly big enough to hold the minimum 1.5" storm (SA Waters). They need 4,300 cubic
feet, but propose only 522. They say the soils have an infiltration rate of 300 inches per hour, which will mean it
infiltrates faster than the heaviest rainfall, and the system will never fill up. Is this a valid argument for not
providing storage for the first 1.5", as required by the rules?
Thanks for any input you have.
Linda
S:\WQS\STORMWAT\ADDINFO\931204.J-UL
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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State of North Carolina--
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111ic11ae1 F.1�asIey, Governor
William G, Ross jr, Secretary
FAX COVER STET
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(910) 350.200.1
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Wrightsville Engineering Services
May 14, 2001
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
File No.: 97013.1
RECEIVED
MAY 15 2001
BY:
Re: Ocean Harbour Estates, Brunswick County
Request for Modification to Permit
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis:
On behalf of Ocean Harbour Estates, Inc., please find enclosed submittal for
revisions to the Harbour Watch cul-de-sac drainage basin within Ocean Harbour
Estates. Enclosed for your review are the following items:
Original plus one (1) copy of the Permit Application form
Original plus one (1) copy of applicable Supplement form
Permit application process fee in amount of $420
Two (2) copies of the Drawings
Two (2) copies of the Narrative Package which include Calculations
Should there be any questions concerning the enclosed information or additional
copies desired, please feel free to contact our office.
Sincerely,
U
WRIGHTSVILLE ENGINEERING SERVICES
2
FHN K. KLEIN, PE
Enclosures
Cc: Ms. Nester Stanaland-Humphries
3410 Wrightsville Avenue Wilmington, North Carolina 28403 910.799.7967 Fax [phone]

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor " William G. Ross jr., Secretary
FAX COVER SHEET
Date: L9 11,16
To: (e✓
CO:
FAX #: '5--'7 b - Y2
REMARKS:
No. Of Pages:
From: �' ✓ v, ,�
CO:
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

From: Cal Hunkele To: Beverly Rivenbark Date: 6/21/2001 Time: 2:02:36 PM Page 2 of 2
FACSIMILE COVER PAGE
To: Beverly Rivenbark From : Cal Hunkele
sent: _ _ 6/20/2001 at 1:48 22 PM Pages : 1 (including Cover)
Subject_ Violation of Pemit # SW8931204--May 15 2001 Response
Ms. Rivenbark,
This morning I spoke by telephone with Linda Lewis regarding the written response dated May 15 by Darius Stanaland
responding to the "Notice of Violation and Intent to Enforce" notice dated February 7, 2000 issued by the NCDENR.
She told me she has not reviewed the response yet and has until August 15 to do so (90 days).
Since the Ocean Harbour Estates Homeowners Association and certain of its' members are affected, as President of the
Association, I would like to update the Board of Directors on the May 15 response to your department. I believe this
respnse is considered public information and can be requested. I telephoned Ms. Lewis back this morning after our
original conversation and asked her to fax me a copy of the May 15 document from Mr. Stanaland. She has not returned
my call. Can you check with her and see if you can fax me a copy of this document. My fax number is 575-7509. If she
is unavailable, please ask Mr. Shiver if you can fax me this document.
Thanks for your help.
Cal Hunkele
President-OHEHA

Cal Hunkele To: Beverly Rivenbark Date: 6/21/2001 Time: 2:02:36 PM
A SINIILE COVER PAGE
Page 1 d2
o : Beverly Rivenbark _ From: Cal Hunkele
ent _ _ _ _ _ 6/21 /2001 at 2:02:32 PM Pages : 2 (including Cover)
Subject_ _ _Fax Request of June 20 _
Ms. Rivenbark,
In case you did not receive my fax of yesterday.
Cal Hunkele
President-OHEHA

MAY 15 2001
*9
BASIN HD-1 STORM DRAINAGE CALCULATIONS
for
OCEAN HARBOUR ESTATES
HARBOUR WATCH DRIVE
BRUNSWICK COUNTY, NORTH CAROLINA
PREPARED FOR
Ocean Harbour Estates, Inc.
1328 Harbour Watch
Ocean Harbour Estates
Calabash, NC 28467
[phone]
May 2001
FILE NO.: 97013.1
CARC%,
SEAL
1409
PREPARED BY
WRIGHTSVILLE ENGINEERING SERVICES
3410 Wrightsville Avenue
Wilmington, NC 28403
[phone]

DESIGN NARRATIVE
1. GENERAL:
The purpose of this submittal is to modify the infiltration basin for the Harbour Watch Drive (private) collection
basin within the Ocean Harbour Estates subdivision. Included within this submittal are the Drawings and Storm
Drainage Calculations. All items are part of the overall plan and included by reference.
The project involves modifying an existing infiltration system originally permitted on February 8, 1994 and
subsequently modified on July 27, 1994. Correspondence with the original designer, Castles Consulting
Engineers, Inc. of Myrtle Beach, has identified the basin designation as "HD-1" with calculations furnished by
the designer for the original configuration. These have been included within this package.
The original design called for an infiltration system to be constructed along the roadway frontage of lots 10 and
11 extending westward along the northern property line of lot 11. Construction was completed and lots
subsequently sold. Review of the history of the project would indicate portions of the infiltration trench on lot
11 were deliberately destroyed while installing the septic tank for the residence by the lot Owner's
representative.
2. EXBTING SITE:
Basin HD-1 consists of lot areas and pavement west of the intersection of Harbour Gate South and Harbour
Watch Drive. The existing collection system consists of inlet # 19 (original designation), trenching to junction
box #18, and an additional infiltration trench leading junction box #20 (see Drawing).
The site topography in the area of the proposed infiltration trench corridor is relatively flat with a mild slope
from east to west, closely following the grades of the roadway pavement. Vegetation consists of roadside ground
cover within the right-of-way. As part of this modification, Land Management Group, Inc. has been asked to
prepare a site -specific report of the soils directly within the new trench corridor. Soils consist of sand/loamy
sands with an estimated seasonal high static water table occurring at 105 to 108 inches below the ground
surface. For additional data regarding the soils report, the reader is asked to refer to the report by Land
Management which is included within this package.
Review of the original design and the actual construction indicated that the drainage basin for the system was
much smaller than originally anticipated. Due to grades dropping off sharply to the south from the right-of-way,
little, if any, built -upon can be drained to the infiltration system. Similarly, a ridge line running approximately
mid -way of the lots on the northern section of the roadway results in runoff away from the system. To verify
this, Brunswick Surveying, Inc. was contacted to determine the actual drainage basin of the system. This
boundary has been identified on the Drawings.

Page Two
Design Narrative
Ocean Harbour Estates, Basin HD-1
Currently, only that portion of the infiltration system from catch basin #19 to junction box #18 has been
active as the Developer had blocked the line toward junction box #20 upon learning of the lot owner's actions.
Visual evidence would indicate that the system has been performing satisfactory with only 35 linear feet (LF)
of trenching active. This is probably attributed to a factor of safety in excess of 5.0 used in the original design
with respect to the actual infiltration rates.
3. PROPOSED IMPROVEMENTS:
The proposed improvement consists of removing the installing a new junction box for that segment to remain
running westward. The location is just inside the right-of-way line and results in salvaging 28 LF of the existing
infiltration trench.
4. STORM DRAINAGE DESIGN METHODOLOGY:
Storm drainage calculations were aimed at satisfying NCDENR requirements for areas within an SA watershed.
Due to inability to obtain a suitable overflow, the system was designed with the 24 hour, 25-year storm event.
This rainfall event generates 8.0 inches and exceeds the required 1.5 inches for traditional SA watershed design.
As indicated, the actual drainage basin was surveyed. This indicated that the overall drainage basin size is 1.58
acres versus the originally planned 2.59 acres (61 % of original size). Furthermore, the original design indicated
soil infiltration rates in excess of 200 inches per hour while 40 inches per hour was used for design. Updated
soils information indicates infiltration rates in the range of 300 to 900 inches per hour occurring. For our design,
we chose the lower figure of 300 inches per hour (5 inches per minute)
Hydraulic calculations were made using "HydroCAD" stormwater modeling program developed by Applied
Microcomputer Systems. Site specific drainage basin data as well as trench parameters were input while the
design storm was used. Refer to Calculations for modeling input data.
5. DESIGN RESULTS
Based on the modeling of the system, the design should be satisfactory for the 24-hour, 25-year storm event with
no discharge from the system. Results were expected based on past visual observations during storm events.
f:. MAINTENANCE CONSIDERATIONS
The Operation and Maintenance Plan currently in effect will be retained unless otherwise noted or required by
the Division of Water Quality.

DRAINAGE CALCULATIONS
GENERAL SITE DATA AND MODELING PARAMETERS
MODEL SIMULATION OF SYSTEM
SITE SPECIFIC SOILS REPORT
ORIGINAL DESIGN NARRATIVE AND CALCULATIONS

GENERAL SITE DATA
F."Wo1
MODELING PARAMETERS

WRIGHTSVILLE ENGINEERING SERVICES
PROJECT NAME: Ocean Harbour
CLIENT: Ocean Harbour Estates, Inc.
LOCATION: Ocean Harbour Estates, Brunswick County
Design:
FILE NO.: 97013.1
DATE: May 2001
BY: JKK
determine adequacy of existing reduced system with actual drainage basin
design flows
A. SITE CHARACTERISTICS:
Actual Total Drainage Basin: 68746 SF
= 1.58 Ac
Residential Lot Built -upon Area Estimate:
Lot 7 minor amount of driveway
120 SF
Lot 8 minor amount of driveway
120 SF
Lot 9 significant amount of driveway
1080 SF
Lot 12 all deeded built -upon
5305 SF
Lot 13 2/3 of deeded built -upon
3537 SF
Lot 14 all deeded built -upon
5305 SF
Total Lot Built -upon Area =
15467 SF or
Harbour Watch roadway
Total Built -upon Estimate =
Overall Basin Percent Impervious:
25787 SF /
SCS Runoff Coefficient:
10320 SF or
0.355 Ac
0.237 Ac
25787 SF or 0.592 Ac
68746 SF = 37.5 %
Area CN Area x CN
Built -upon 25787 98 2527126
Lawns 42959 35 1503565
Total 4030691
Weighted Coefficient:
4030691 / 68746
58.6
Use: 59
Watershed slope: 1.9 %
Watershed length: 310 ft
Design Stone: 25-year, 1-day precipitation
8.00 inches (see Figure 8.03k)
B. EVALUATION OF INFILTRATIVE SURFACES
Soils: Wando, Soil Classification: A
Infiltration Rate (see attached report):
minimum: 5 in/min
maximum: 15 in/min
use: 5 in/mi or
0.42 ftlmin
Length of trench to remain: 63 LF
C. TRENCH DESIGN PARAMETERS
1. Design Volume (1.5" over collection area)
Area C Factor Rainfall Conv. Factor Total
Built -upon 25787 1.00 1.5 1/12 3223
Lawns 42959 0.20 1.5 1/12 1074
Total 4297 CF
Ocean Harbour Estates - 97013.1

WRIGHTSVILLE ENGINEERING SERVICES
2. Estimated maximum drawdown time:
Note: trench exfdtrates greater than the inflow rate, therefore, never
fills up to it's entirety. The time to extiltrate the design volume will
be used.
Area of Sides and Bottom: 756 SF
4297 CF / 0.42 ft/min / 756 SF =
13.6 minutes
D. MODELING PARAMETERS
1. Trench Open Space Calculations:
Void Ration of Gravel: 40 %
Cross section of trench:
4' x
41. = 16.00 SF/LF'
Storage Volume in Pipe:
3.14 CF/LF
Storage Volume in Tench:
( 16.00 SF -
3.14) x 0.40
=
5.14 CF1LF
Total Storage Volume In Trench:
3.14 CF/LF +
5.14 CF/LF = 8.28 CF/LF
Trench Open Space =
8.28 CF/LF / 16.00 CF/LF = 0.52 or
52 %
Overall Trench Storage Volume Provided =
8.28 CF/LF x 63 LF = 522 CF
2. Infitration Rate used for Model:
as the model allows only infiltration through the bottom of the trench, multiply the infiltration
rate by a factor of 3 to allow for infiltation through the sides as well.
Area of Bottom: 252 SF
Area of Sides and Bottom: 756 SF
Ratio of total sides to bottom: 3 therefore, factor is valid.
use: 1.25 ftfmin over infiltrative area
3. Trench surface area:
63 LF x 4 'wide = 252 SF
4. Overflow design:
Flow is to be self contained with no overflow. Should the system design be exceeded,
then flow will overflow the curbing at the lowest elevation.
Overflow Elevation (top of grate): 27.00 MSL
E. MODEL RESULTS:
Based on results of the routing, the trench is satisfactory to handle the entire 25-year
storm event with no discharge. This corresponds with field reports that the system
has been operational with no exceedence other than blockage of the grate opening.
Ocean Harbour Estates - 97013.1

MODEL SIMULATION OF SYSTEM

0
Table 8.03b
Runoff Curve Numbers (CN)
Hydrologic
gic $as l Group
Land Use/Cover
A
D
Cultivated land
without conservation
72
81
88
91
with conservation
62
71
78
81
Pasture land
poor condition
68
79
86
89
fair condition
49
69
.79
84
good condition
39
61
74
80
Meadow
good condition
30
58
71
78
Wood or forest land
Thin stand - poor cover, no mulch
45
66
77
83
Good stand - good cover
25
55
70
77
Open spaces, lawns, parks, golf courses, cemeteries, etc.
good condition:
grass cover on 75%
or more of the area
39
61
74
80
fair condition:
grass cover on 50
to 75% of the area
49
69
79
84
Commercial and business
areas (85% Impervious)
89
92
94
95
Industrial districts
(720/6 Impervious)
81
88
91
93
Residential:' Mvelopment completed and vegetation established
Average lot size Average % Impervious
1/8 acne or less 65
77
85
90
92
114 acre 38
61
75
83
87
1 /3 acre 30
57
72
81
86
1 /2 acre 25
54
70
80
85
1 acre 20
51
68
79
84
2 acre 15
47
66
77
81
Paved parking lots, roofs,
driveways, etc.
98
98
98
98
Streets and roads
paved with curbs and
storm sewers
98
98
98
98
76
as
89
91
duel
72
82
87
89
Newly graded area
81
89
93
95
Residential: Development underway and no vegetation
Lot sizes of 1/4 acre
88
93
95
97
Lot sizes of 1/2 acre
85
91
94
96
Lot sizes of 1 acre
82
90
93
95.
Lot sizes of 2 acres
81
89
92
94
'Curve numbers are computed assuming the runoff from the house and driveway is directed toward the street.
source: USDA-SCS
8.03.10

0
CO CO
8
oyi
t
a
E
d
a
Q
a
m
J
r
J
4
v
LL
r
T
Q
N�
Figure 9.03k 25-near ? day precipitation (inches)
%D 1
$1,
S 4
d
CO
9.P1R.ld

Data for Ocean Harbour Page 1
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
WATERSHED ROUTING
OSUBCATCHMENT a REACH /\ POND ci LINK
SUBCATCHMENT 1
= Drainage Basin HD1
-> POND 1
POND 1 = Infiltration Trench -> REACH 1

Data for Ocean Harbour Page 2
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
RUNOFF BY SCS TR-20 METHOD: TYPE II 24-HOUR RAINFALL= 8.00 IN, SCS U.H.
RUNOFF SPAN = 10-20 HRS, dt= .10 HRS, 101 POINTS
SUBCAT
AREA
Tc
WGT'D
PEAK
Tpeak
VOL
NUMBER
(ACRE)
(MIN) --GROUND COVERS (RCN)--
CN C
(CFS)
(HRS)
(AF)
1
1.57
16.0 38%98 62%35
59 -
5.99
12.04
.38

Data for Ocean Harbour Page 4
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
POND ROUTING BY STOR-IND METHOD
POND START
FLOOD
PEAK
PEAK ------
PEAK
FLOW-------
---Qout---
NO. ELEV.
ELEV.
ELEV.
STORAGE Qin
Qout
Qpri
Qsec ATTEN. LAG
(FT)
(FT)
(FT)
(AF) (CFS)
(CFS)
(CFS)
(CFS) (%) (MIN)
22.5 27.5 23.8 0.00 5.99 5.48 0.00 5.48 8 .7

Data for Ocean Harbour Page 6
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
SUBCATCHMENT 1
Drainage Basin HD1
PEAK= 5.99 CFS @ 12.04 HRS, VOLUME= .38 AF
ACRES CN SCS TR-20 METHOD
.59 98 Pavement and Lot Built -upon TYPE II 24-HOUR
.98 35 Lawns RAINFALL= 8.00 IN
1.57 59 SPAN= 10-20 HRS, dt=.1 HRS
Method Comment Tc (min)
CURVE NUMBER (LAG) METHOD Travel Time. 16.0
L=310' s=.019
6.0
5.5
5.0
4.5
4.0
�+- 3 . 5
u
3.0
2.5
O 2.0
L.L_ 1 . 5
1.0
5-
00.0m
SUBCATCHMENT 1 RUNOFF
Drainage Basin HD
TIME Chniar--0
AREA= 1.57 AC
T== 516 MIN
CN= 9
SCS TR-20 METHOD
TYPE II 24—HOUR
RAINFALL= 8.00 IN
PEAK= 5.99 CFS
e 12.04 HRS
VOLUME= .38 AF
Ft ao Cn C53
N

Data for Ocean Harbour Page 7
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
POND 1
Infiltration Trench
Qin = 5.99 CFS @ 12.04 HRS, VOLUME= .38 AF
Qout= 5.48 CFS @ 12.05 HRS, VOLUME= .38 AF, ATTEN= 8%, LAG= .7 MIN
Qpri= 0.00 CFS @ 0.00 HRS, VOLUME= 0.00 AF
Qsec= 5.48 CFS @ 12.05 HRS, VOLUME= .38 AF
Storage reflects 52% open space
ELEVATION
AREA
INC.STOR
CUM.STOR
(FT)
(SF)
(CF)
(CF)
22.5
252
0
0
26.5
252
524
524
27.5
1000
326
850
ROUTE INVERT OUTLET DEVICES
STOR-IND METHOD
PEAK STORAGE = 171 CF
PEAK ELEVATION= 23.8 FT
FLOOD ELEVATION= 27.5 FT
START ELEVATION 22.5 FT
SPAN= 10-20 HRS, dt=.1 HRS
20 x FINER ROUTING
Tdet= 7.7 MIN (.37 AF)
1 P 27.0' 2' x 2' HORIZONTAL ORIFICE/GRATE
Q=.6 Area SQR(2gH) (Limited to weir flow @ low head)
2 S 0.0' EXFILTRATION
V= 1.25 FPM over SURFACE AREA
Primary Discharge
I I =Orifice/Grate
Secondary Discharge
L--2=Exfiltration
27.5
27.0
26.5
26. A
25.5
z
O 25.0
Q 24.5
i 24.0
w 23.5
23.0
22.5.
POND 1 DISCHARGE
Infiltration TrLench
sac
_2- H05j7-0bt'F4E"OR-IrM- 6RATE_P7 i
� tD do m N '� 40 m
DISCHARGE Ccf's�
WILTRATION

Data for Ocean Harbour Page 8
TYPE II 24-HOUR RAINFALL= 8.00 IN
Prepared by Wrightsville Engineering Services 7 May 01
HydroCAD 5.11 001707 (c) 1986-1999 Applied Microcomputer Systems
6.0
5.5
5.13
4.5
4.0
c+ 3.5
v 3.0
2.5
0 2.0
1.0
.5
0.0m
POND 1 INFLOW & OUTFLOW
Inf i I trc it i on Trench
N f+'7 .t lf'1 tiD
TIME Chours5
STOR—IND METHOD
PEAK 5TOR= 171 CF
PEAK ELEU= 23.8 FT
Gin= 5.99 CFS
Qout= 5.48 CFS
Qpr- i = 0. 00 CFS
Qaec= 5.46 CFS
LAG= .7 MIN
0

SITE SPECIFIC SOILS REPORT

Swag. .boa!
TM.0
DATE:
SUBJECT:
92d C)F6 max 25M
Vdm*Wtbx, ✓imbeds W ,28W2
9� 910-45,E-000Y
April 21, 1999
979& Y¢
gw
SW3 W#*AAWA
9�"ami
Land & soils evaluation of Lot 9, Ocean Harbour Subdivision for on -site stormwater
treatment usage, Brunswick County, North Carolina.
TO: Mr. John Klein
Klein Engineering and Associates
322 South 4th Street
Wilmington, North Carolina 28401
The land and soils within front portions of Lot 9, Ocean Harbour Estates were evaluated to determine
potential suitability for on -site stormwater treatment usage. NCDEH&NR ° Stormwater Runoff
Disposal" rules and regulations (NCAC 15-2H-.1000) were used as guidelines in making this
evaluation.
Projects that are greater than 1 acre in size, with greater than 25% impervious surface, and is less
than % mile from and drains into Class SA waters is required to use infiltration basins/galleries or
an equivalent method for stormwater treatment. principle soil and site requirements for an infiltration
system are: —the infiltration system's bottom must be 2 feet or greater from the seasonal high water
table; ---must be capable of complete draw -down within 5 days; ---the soil's hydraulic conductivity
must be 0.52 in/hr or greater.
Soil borings to a depth of 10 feet were performed on the front of the lot where the proposed
stormwater infiltration trenches are proposed. The soil texture consisted of sand/loamy sand to a
depth of 10 feet with no restrictive horizons encountered. The estimated seasonal high static water
table occurred at 105-108 inches below the existing soil surface. The permeability ranged from 5-15
in/min.
Based on the above findings, the soils located on the front of Lot 9, Ocean Harbour Estates meet
and exceed all NCDEH&NR-DEM parameters for an infiltration stormwater treatment system. Soil
logs can be provided upon request. If you have any further questions regarding this project, please
do not hesitate to call.
Jlark D. i pett
Licensed Soil Scientist, NC#1088
�le_ p SOIL
IV
V.

ORIGINAL DESIGN NARRATIVE
CALCULATIONS

STORM WATER MANAGEMENT
NARRATIVE
Project Type: Low density with curb and gutter and exfiltration
system
Description: One of the motives for developing this storm water
management concept was to minimize the abrupt
grade changes that a swale system would require
for the driveways extending on to the residential
lots. Additionally, the developer would prefer to
minimize the number of trees which have to be
removed out of the right of ways behind the
curbing.
Beginning with this view of the project, we
designed the'road-profiles with curb and gutter
using a minimum .,road slope of 0.5 percent.
Designing the road grades with this criteria, low
points were established on the profiles in an
effort to minimize the curb depth below the
existing grades.. Having established the low
points in the roadways, we delineated the
drainage areas and computed their respective
hydrologic parameters using the SCS Unit
Hydrograph Method.
Onsite subsurface investigation confirmed the
presence of Wando, Soils and percolation tests
yielded permeabilities in excess of 200
inches/hour. The water table was not reached in
these tests which were conducted to a depth
of 5 feet. (See "Soils" on page 1 of this
report).
From.the attached plan "Drainage Areas", the site
has been subdivided into 7 catchments. Each
catchment was then summarized for percentages of
pervious and impervious surfaces based on the
following land use categories.
Land Use a Cn
Streets 98
* Roofs and Driveways 98
Lawns and open spaces 35
* Maximum impervious surface per lot = 5305 sq.ft.

After determining the weighted Cn number of each
catchment, a time of concentration was
calculated based'on the proposed grades and
routes of runoff. (A summary of the catchment
data and runoff hydrographs for the 10 year
storm is contained in Table #1.)
Having determined the roadway low points and the
10 year peak runoff associated with each of the
drainage areas,'the following principles were used
to design the drainage exfiltration system.
1. Following the conveyance of storm water runoff along
the curb and gutter, the runoff is intercepted by.catch
basins which discharge to a subsurface exfiltration
system.
2.-The.exfiltration system is typically composed of a 24
inch perforated pipe encased in a one foot washed
gravel envelope which in turn is wrapped in a.permeable
geotech fabric. (See detail on sheet 5 of the plans.)
3. A typical length of this "exfiltration trench" has the
capacity to (1) percolate storm water into the ground
along the surface area of its sides and bottom and (2)
to store a volume of storm water equivalent to the pipe
volume and void ratio of the surrounding gravel
envelope.
4. The gravel envelope serves a two fold purpose to the
performance of the "exfiltration trench". First, it
enlarges the surface area of the trench yielding a
greater discharge per,'linear foot of pipe installed and
secondly, it provides a filter media to remove
impurities from the runoff.
5. The following method was used to size the required
length of exfiltration trench for each drainage area.
a. From Table #1, the peak runoff for a particular
drainage area was obtained.
b. Catch basins and junction boxes were networked
together with lengths of exfiltration trench.
Typically, the lengths of "trench" were connected
to boxes located in the drainage area under
study.
C. Each drainage areas cumulative length of
"trench" was theri analyzed to obtained the total
perc surface area of the envelope and the total -
permeability of this surface area (based on the
soil permeability).

d. Having determined the total perc rate of a
drainage area's trench length, this perc rate was
then plotted along the X axis of a graph of the
drainage area's hydrograph.
e. This pert rate as plotted on the hydrograph,
therefore, represents that rate of runoff which
can be per into the ground surrounding the
sides and bottom .of the trench.
f. The area of the hydrograph remaining under the
curve and above the perc rate line represents the
volume of water from the hydrograph that can not
be percolated out of the trench during the storm
peak and therefore would have to be stored in the
trench system until complete percolation takes
place.
g. The volume of runoff below the curve and above the
perk rate line is then determined as follows:
1. From the X and Y axes of the graph, linear
interpolation is used to obtain an equivalent
flow in cubic feet per second per inch on the
graph and seconds per inch on the graph. By
multiplying these two values, we obtain a
volume in cubic feet per square inch on the
graph.
2. The area under the graph and above the perc
rate line is then calculated in square inches
and when multiplied by the conversion factor
of cubic feet per square inch, we obtain the
volume of runoff which must be stored in the
trench. This volume will typically be called
the "required storage".
h. Having determined the "required storage" for the
study area, the available storage is computed by
(1) calculating the volume in the 24" pipe, (2)
calculating the volume in the rock envelope (40%
void ratio) and (3) calculating the volume in
each catch basin or junction box which connects
the trench system.in the drainage area. The
cumulative total of these volumes yields the
"available storage".
i. A comparison of the "available storage" to the
"required storage" should -result in an adequate or
surplus volume in the system which is necessary to
prevent surcharging of the catch basins or pre-
mature release of storm water runoff out of the
system.

j . By way of trial and error each system of trench is
lengthened or shortened to produce the desired
results.
6. Additional features of. the exfiltration system includes
the following:
a. Each catch basin and junction box will feature a
one foot deep sediment basin to allow sand and
dirt to be trapped in the basin before it -enters
the perforated pipe.
b. Each catch basin and junction box will also
feature a one foot diameter hole cast in the
bottom and filled with gravel to allow for
automatic draining of the sediment basin at the
end of the storm and allowing easy removal. of
sediment.
7. Maintenance of the system will largely involve the
periodic cleaning of the sediment traps in both the
catch basins and junction boxes.
8. Emergency overflow for runoff from storms greater than
the -designed frequency. The following considerations
have been included in this design for emergency
overflow conditions: (Please reference sheet 1 of
the plans.).
a. System of CB #1 = aB #3
Emergency overflow of this system involves minor
ponding of the entrance to South Gate Drive where
the storm waterwill over top the curb and be
routed down an existing 270 linear foot swale in
the shoulder of Ocean Harbour Drive which dis-
charges to an existing pond at the rear of lot
#38.
b. System of CB #5-' CB#11
Emergency overflow of this system will involve
surcharging or head water build up at the frame
and grate of CB #6 located on South Gate
Extension. South Gate Extension has a "downward
grade" toward South Gate Drive which in turn
slopes down to the intersection of South Gate
Drive and Harbour Watch Drive. During emergency
overflow conditions storm water will "back out'.'
of the frame and grate at CB #6 and be conveyed
along the curb and gutter -to the catch basins
located at the intersection of South Gate Drive
and Harbour Watch Drive. The emergency overflow
for the catch basins at this intersection is
described below.

C. System of CB #12 - CB #17
Emergency overflow of this system will occur at CB
#14. (See detail'on right of Sheet 1.) A brick
weir will be installed in this catch basin to
isolate the exfiltration system from the 18" RCP
which outfalls to the existing channel between lot
numbers 6 and 7. This weir has been designed from
the catch basin bottom to 6 inches above the top
of the perforated pipe in the exfiltration.trench.
The weir at this elevation will allow complete
saturation of -the exfiltration trench which is
.necessary to produce the designed performance of
this system. During overflow conditions storm
water will "over top" the weir and be discharged
via the 18" pipe and down the grass lined channel.
The outlet of the 18" pipe will be equipped with
outlet stabilization, per the detail on Sheet 51
which will prevent scouring of the -grass lined
channel.
d. System of JB #18 - JB #20*
Emergency overflow of this system will involve
"surcharging" or head water build up until
overflow occurs out of the frame and grate of JB
#20. The frame and grate of this junction box
will have a grate with holes and since the grate
of this junction box is set 6 inches lower than
the. other, two. boxes in this system, storm water
will overflow this grate and sheet flow down 400
feet of the side yard along lot #11.
Stormwater Calculations:
The following nine pages comprise the calculations that were
performed in the design of this storm water management
system. Table #1 which follows, is a summary of the hydro -
graphs for each of the drainage areas. The remaining eight
pages describe the design of each portion of the-exfiltra-
tion system. Each drainage area (i.e. RAI) has its sheet of
calculations along with a corresponding hydrograph which
graphically represents the performance and required storage
of each portion of the system.
Conclusion:
This drainage plan represents a somewhat innovative approach
to design of the "Low Density Development with Curb and
Gutter". In preparing this design, we have attempted
to exercise care in creating a'project design that
would both fulfill our client's vision and comply with
the intent of the laws of North Carolina. The design
of the "exfiltration system" is based on sound
engineering principles with a conservative approach.
In the preceding calculations, a permeability of 40

inches per hour was used instead of a larger value
which our percolation tests yielded in the field.
Additionally, within each portion of the exfiltration
system there exists surplus storage above the volume
required and lastly, the emergency overflow from each
of these systems will provide a safe and adequate
discharge of storm water for events greater than the
design frequency. In conclusion we would also like to
note, that 100 percent of the 10 year events runoff
from the directly connected.impervious surfaces will be
treated by this system.

' Advanced Interconnected
Channel & Pond Routing
(adICPR
Ver
1.40)
Copyright
1989,
Streamline Technologies,
Inc.
���N���
m����u�u~ mru
BASIN NAME
HA
H01
HC1
HD1
HE1
NODE NAME
NA1
N81
NC1
NO!
NE1
UNlT HYDROGRAPH
UH484
UH484
UH484
UH484
UR484
PEAKING FACTOR
484.
484.
484.
484.
424.
RAINFALL FILE
SCSIII
SCSIII
SCSIII
SCSI%I
SCSIII
RAIN AMOUNT (in)
6.55
6.55
6.55
6.55
6.55
STORM DURATION (hrs)
24.00
24.00
24.00
24.00
24.00
AREA(ac}
1.22
61
4.10
2.59
2.08
CURVE NUMBER
60.O0
59.00
61.00
56.00
55.00
DCIA (%)
.00
.00
.0("'
.00
.00
TC Wins)
10,00
20.00
20.00
20.00
10.00
LAG TIME (hrs)
.00
.00
.00
.00
.00
BASIN STATUS
ONSITE
ONSITE
ONSITE
ONSITE
ONSITE
BASIN QMX (cis) TMX
(hrs)
VOL
(in) NOTES
HA1 2.52
12.27
2.29
H81 6.10
12.31
2.20
HC1 7.57
12.31
2.38
HD1 3.78
12.31
1.93
HE! 3.45
12.27
1.84 DIRECT
RUNOFF
BASIN NAME
HE2
HE3
NODE NAME
NE2
NE",!-'
UNIT HYDROGRAPH
UH484
UH484
PEAKING FACTOR
484.
484.
RAINFALL FILE
SCS1II
SCSIII
RAIN AMOUNT (in)
6.55
6.55
STORM DURATION (hrs)
24.00
24"00
AREA (ac)
1.66
9.66
CURVE NUMBER
56.00
48.00
DCIA (%)
.00
.00
TC Wins)
15.00
8.00
LAG TIME (hrs)
.0O
.00
BASIN STATUS
[}NSlTE
ONSITE
BASIN QMX (cfs> TMX
(hrs) VOL
(in) NOTES
HE2 2,66
12.30
1.93 DIRECT RUNOFF
HE3 11.05
12.27
1.26 DIRECT RUNOFF

DRAINAGE AREA
HA1
Soil borings and perc tests have been performed on site to verify
soil type, depth of water table and permeability. Results are as
follows:
Soils: Wando--Hydrologic Soil Group A
Water table: > 5 feet
Permeability: 40 inches/hour-
Calculations:
From the attached hydrograph and summary for Area HAI, the peak
discharge equals 2.52 cfs.
The plan.for area HA1 calls for installing 130 feet of 24 inch
perforated pipe with a 1 foot gravel envelope.
Total perc surface of this envelop equals:
(4.0 feet + 4.0 feet + 4.0 feet)(130 feet) = 1560 sq.ft.
Permeability of soil equals:
40 inches/hour = 3.3 feet/hour = 0.0009 feet/sec.
Total permeability along 100 feet of gravel envelope equals:
0.0009 feet/sec. x.1560 sq.ft. =.1.4 cu.ft./sec.
From the attached hydrograph the 1.4 cu.ft./sec. perc rate is
plotted leaving an.area under the curve above this line as
the volume of storage required within this system.
Area under the curve = 0.341 sq..in.
1 sq.in on graph = 3241 cu.ft./sq.in.
Volume of storage required = 1105 cu.ft.
Volume of storage in system:
Volume in pipe = 130 ft. (3.1416) (1.0)2 = 408 cu.ft.
Volume in rock = 130 ft. ((4.0 ft.)
(4.0 ft.) - 3.1416 (1.0)2(0.4) = 669 cu.ft.
Volume in catch basins = 3 (3 ft. x 3 ft. x 3 ft.) = 81 cu.ft.
1158 cu.ft.
Available storage - Required storage
1158 cu.ft. - 1105 cu.ft. = 53 cu.ft. surplus

.................
Q ,4 0
0
ew

DRAINAGE AREA
HB1
Soil borings and perc tests have been performed on site to verify
soil type, depth of water table and permeability. Results are as
follows:
Soils: Wando--Hydrologic Soil Group A
Water table: > 5 feet
Permeability: 40 inches/hour
Calculations:
From the attached hydrograph and summary for Area HB1, the peak
discharge equals 6.10 cfs.
The plan for area HA1 calls for installing 422 feet of 24 inch
perforated pipe with a 1 foot gravel envelope.
Total perc surface of this envelop equals:
(4.0 feet + 3.0 feet + 3.0 feet.) ( 422 feet) = 4220 sq. ft.
Permeability of soil equals:
40 inches/hour = 3.3 feet/hour = 0.0009 feet/sec.
Total permeability along 100 feet.of gravel envelope equals:
0.0009 feet/sec. x 4220 sq.ft. = 3.8 cu.ft./sec.
From the attached hydrograph the 3.8 cu.ft./sec. 'perc rate is
plotted leaving an area under the curve above this line as
the volume of storage required within this system.
Area under the curve = 0.326 sq.in.
1 sq.in on graph = 6483 cu.ft./sq.in.
Volume of storage required = 2113 cu.ft.
Volume of storage in system:
Volume in pipe = 422 ft. (3.1416) (1.0)2 =
Volume in rock = 422 ft. ((4.0 ft.)
(3.0 ft.) - 3.1416 (1.0)2(0.4) =
Volume in catch basins = 6 (3 ft. x 3 ft. x 3 ft.)
Available storage -
3037 cu.ft. _
.Required storage =
1326 cu.ft.
1495 cu.ft.
216 cu.ft.
3037 cu.ft.
2113 cu.ft. = 924 cu.ft. surplus

0
�411-4 m m
�14

DRAINAGE AREA
HC1
Soil borings and perc tests have been performed on site to verify
soil type, depth of water table and permeability. Results are as
follows:
Soils: Wando--Hydrologic Soil Group A
Water table: > 5 feet
Permeability: 40 inches/hour
Calculations:
From the attached hydrograph and summary for Area HC1, the peak
discharge equals 7.57 cfs.
The plan for area HA1 calls for installing 420 feet of 24 inch
perforated pipe.with a 1 foot gravel envelope.
Total perc surface of this envelop equals:
(4.0 feet + 4.0 feet + 4.0 feet)(420 feet) = 5040 sq.ft.
Permeability of soil equals:
40 ,inches/hour = 3.3 feet/hour = 0.0009 feet/sec.
Total permeability along 100 feet of gravel envelope equals:
0.00.09 feet/sec. x 5040 sq.ft. = 4.5 cu.ft./sec.
From the attached hydrograph the 4.5 cu.ft./sec. perc rate is,
plotted leaving an area under the curve above this line as
the volume of storage required within this system.
Area -under the curve = 0.465 sq.in.
1 sq.in on graph =.6483 cu.ft'./sq.in.
Volume of storage required = 3015 cu.ft.
Volume of storage in system:
Volume in pipe = 420 ft. (3.1416) (1.0)2 = 1319 cu.ft.
Volume in rock = 420 ft. 2((4.0 ft.)
(4.0 ft.) - 3.1416 (1.0) (0.4) 2160 cu.ft.
Volume in catch basins = 6 (3 ft. x 3 ft. x 3 ft.) = 162 cu.ft.
3641 cu.ft.
Available storage Required storage =
3641 cu.ft. - 3015 cu.ft. = 626 cu.ft. surplus

I
Min s v IN
CD, M Cl e4i V.,
MO.
t'l
0
P-4
ci

DRAINAGE AREA
HD1
Soil borings and perc'tests have been performed on site to verify
soil type, depth of water table and permeability. Results are as
follows:
Soils: Wando--Hydrologic Soil Group A
Water table: > 5 feet
Permeability: 40 inches/hour
Calculations:
From the attached hydrograph and summary for Area HD11 the peak
discharge equals 3.78 cfs.
The plan for area HA1 calls for installing 190 feet of 24 inch
perforated pipe.with a 1 foot gravel envelope.
Total perc surface of this envelop equals:
(4.0 feet•+ 4.0 feet + 4.0 feet)(190 feet) = 2280 sq.ft.
Permeability of soil equals:
40 inches/hour = 3.3 feet/hour = 0.0009 feet/sec.
Total permeability. along 100 feet of gravel envelope equals:
0.0009 feet/sec. x 2280 sq.ft. = 2..1 cu.ft./sec.
From the attached hydrograph the 2.1 cu.ft./sec. perc rate is
plotted leaving an area under the curve above this line as
the volume of storage required within this system.
Area under the curve = 0.481 sq.in.
1 sq.in on graph = 3241 cu.ft./sq.in.
Volume of storage required = 1559 cu.ft.
Volume of storage in system:
Volume in'
pipe = 190 ft.
(3.1416) (1.0)2 =
597
cu.ft.
Volume in
rock = 190 ft.
((4.0 ft.)
(4.0 ft.)
- 3.1416 (1.0)2(0.4)
=
977
cu.ft.
Volume in
catch basins =
3 (3 ft: x 3 ft. x 3
ft.) = 81
cu.ft.
1655
cu.ft.
Available
storage --
Required storage
=
1655 cu.ft.
-
1559 cu.ft.
= 96 cu.ft. surplus

C�I
I
61
Ci

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
April 11, 2001
Mr. Darius Stanaland, President
Ocean Harbour Estates, Inc.
8551 Ocean Highway West
Sunset Beach, NC 28468
RCD I
ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Ownership Transfer
Ocean Harbour Estates
Stormwater Project No. SW8 931204
Brunswick County
Dear Mr. Stanaland:
The Division of Water Quality received your request to transfer the ownership of Ocean Harbour Estates
on April 4, 2001. It is the policy of the Division not to issue transfers until an inspection is done and all problems
arising as a result of the inspection are resolved. As you are aware, the infiltration system in the cul-de-sac at Ocean
Harbour has been rendered useless. Until the system is either restored or modified and repermitted, the transfer
cannot be done, and will be placed on hold.
Upon issuance of a modification to the stormwater permit, or the reopening of the existing infiltration system
as designed, the transfer of ownership will be completed. If you have any questions, please do not hesitate to call
me at [phone].
Sincerely,
Z6�� &kA-�
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\SW8 931204.APR
cc: Linda Lewis
12; Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
APR 0 4 0;70IJ
I
CDEFk
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
Stormwater Management Permit Number: S(,UF cisiw¢
Permit Holder's name: SAi-o„nQI CIL 0.11 d �s �e fi.1 C -
2. Permit's signing official's name and title: D a ,r w 5 S -�L r) 0 i CL 1 C
(person legally responsible for permit)
-P-res I d e n4-
critic)
3. Mailing address: S ( eQ II (A), City: S to r)
State:-bjiy`Zip Code: 2� Phone: !119- 41oa FAX AAAreaCode�
(Area Code and Number) and Number)
II- NEW OWNER/NAME INFORMATION
This request is for:
a. Change in ownership of the property/company
b. Name change of project or company.
c. Other (please explain): _
2. New owner's name (name to be put on permit): Q tre0. r, i a a C eS s
3. New owner's signing official's name and title: �� _ Jhct Vr we S
(Person legally isponslible for permit)
ein-
(Title) CC pQ
4. Mailing address: FS 5 S` ( Ce r� )4 ► kwa l t) City: J u n
�3
State: C Zip Code: Phone: D - ;2-,f 7
(Area Code and Number) (Arta Code and Number)

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY
UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
I . This completed form.
2. Legal documentation of the transfer of ownership.
A copy of the recorded deed restrictions, if required by the permit. — 2 f<r'ey pYvv� de
The engineer's certification, if required by the permit. 0/re4
A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND
THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN THE CURRENT PERMITTEE'S CERTIFICATION.
Current Permittee's Certification:
11 _ sJ . Okxr " 51 attest that this application for a name/ownership change has been reviewed and
is accurate and complete to the best of my knowledge. I understand that if all required parts of this applicatiion are not
completed and that if all required supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature:�� yJGZ��GGG�y
Applicant's Certification:
1, , attest that this application for a name/ownership change has been reviewed and
is accurate and complete to the hest of my knowledge. 1 understand that if all required parts of this application are not
completed and that if all required supporting information and attachmentr;.are not included, this application package will be
returned as incomplete.
Signature: Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis

v✓�iclsbaf.
State of North Carolina PPC
4� l; R _ / e
Department of Environment and Natural Resources ~ `''�k>,
Division of Water Quality
ep PERMIT NAME/OWNERSHIP CHANGE FORM
�A Any changes made to this formformwill result in the application being returned. �a "Oe A
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
For more information, visit our web site at: h2o.enr.state.nc.us/ndnu/
I. REQUIRED ITEMS
1. Submit one original of the completed and appropriately executed Permit Name/Own(
change of ownership, the certification must be signed by both the current permit hole
For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership (such as a contract, deed, ai
for ownership changes. A copy of the Association Bylaws and Declarations should b
ownership to a Homeowner's Association.
3. Submit a properly executed Operation and Maintenance Agreement for all Single F
permits requesting a change of ownership.
II. CURRENT PERMIT INFORMATION
1. Permit number: S W e 13) zc,4
2. Permit holder's name: M ! rWA LAOC� EgTATE KX
3. Permit's signing official's name and title: 'b A RI US 5TAIJALA O'D
(Person legally responsible for permit)
1)0-E51DEJ i
(title)
4. Mailing address: 9 S Y 1 6 cC-a r,
City: r,s �_ a co.C,h
Telephone number: (jL_ ) _4g 7 - Sal
LII. NEW OWNER/NAME INFORMATION
1J C Zip: Z .VyC 4 8
Facsimile number: (_
This request for a permit change is a result of:
�a. Change in ownership of property/company
b. Name change only
Z— A til
c. Other (please explain): jt--k % e C.1na,nq r �e r r;n � �- � ro.Y, W rY1 S-�o nC',
IN C `ic-a �Cea f11 1��C�Lo �•t Ir• � S4,L�—C
IAO+e- : C1ri[ E G S �/�� !�Lf e A [1S L'V Ir► n_�
QWAaY'S Y1 8T VropeY-
FORM: PNOCF 06/00 Page 1 of 2

2. New owner's name (name to be used in permit): &F A tJ r A Q 3 O&S, F5TOE 5 I aC. .
3. New owner's or signing official's name and title: I1 ARly5 9i14At,Ar3b
(Person legally responsible for permit)
�¢�slt�EaT
(title)
4. Mailing address: S_5"S I O e.ee4 yx h q �w x N LLU-S �
City: State: l4 C. Zip: 2.
Telephone number: (_gL ) a 4 7 - (PS" Facsimile number: (
IV. CERTIFICATION
1. Current Permittee's Certification:
I, 17. Al1t 05 ' ' *,A LAA D , attest that this application for name/ownership change has been reviewed and is
accurate and complete to the best of my knowledge. I understand that if all required parts of this application are
not completed and that if all required supporting information and attachments are not included, this application
package will be returned as incomplete. I understand I will continue to be responsible for compliance with the
current permit until a new permit is issued
Signature: , p/T.�; VJ,, Dater
2. Applicant's Certification:
I, L AAWS STa AL AAh attest that this application for name/ownership change has been reviewed and is
accurate and complete to the best of my knowledge. I understand that if all required parts of this application are
not completed and that if all required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature: Dater
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER 512 NORTH SALISBURY STREET, SUITE 1219
RALEIGH, NORTH CAROLINA 27699-1617 RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone] .
FORM: PNTOCF 06/00 Page 2 of 2

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FILE MODE
--------------
104 MEMORY T:;
* * * COMMUNICATION RESULT REPORT ( MAR.12.2001 1:
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
TRANSMITTAL
to:
Cal Hunkele
fax 0:
910-575-7509
re:
Ocean Harbour Estates
date:
March 12, 2001
pages:
2, including this cover sheet,
ADDRESS (GROUP)
9-9105757509
P. 1
_.h TTI NC ENR WIRO
RESULT PAGE
---------- ------------
OK P. 3/3
E-2) BUSY
E-4) NO FACSIMILE CONNECTION

facsimile
TRANSMITTAL
to: Cal Hunkele
fax #: [phone]
re: Ocean Harbour Estates
date: March 12, 2001
pages: 2, including this cover sheet.
From the desk of...
Beverly Rivenbark
Admin Assistant
NCDENR
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-395-3900
Fax:[phone]

P. 1
COMMUNICATION RESULT REPORT ( MAR.12.2001 2:04PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-------------------------------------------------------------------------------------------------
107 MEMORY TX B-9105757509 OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
gym, Cal Hu*Ne To: Devft Wranba*
,CSIMILE COVER PAGE
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Date: 3/12101 lime:1 A:% PM Page 1 of 1
Co : Beverly Rivenbark From: Cal Hunkeie
bent ; 3112/01 at 1:49:46 PM Pages : 1 (including Cover)
Subject;
Beverly Rivenbark,
Thank you for faxing me the February 7 violation notice pertaining to Ocean Harbour Estates. According to this
notice, a Plan of Action was to be provided to the NCDEN R by March 7, 2001. Has such a response been
received? If so, please fax me a copy of this also.
Thanks for your help,
Cal Hunkele

=rom: Cal Hunkele To: Beverly Rivenbark Date: 3/12/01 Time: 1:49:52 PM Page 1 of 1
ACSIMILE COVER PAGE
Beverly Rivenbark From : Cal Hunkele
bent : 3/12/01 at 1:49:46 PM Pages : 1 (including Cover)
Subject :
Beverly Rivenbark,
Thank you for faxing me the February 7 violation notice pertaining to Ocean Harbour Estates. According to this
notice, a Plan of Action was to be provided to the NCDENR by March 7, 2001. Has such a response been
received? If so, please fax me a copy of this also.
Thanks for your help.
Cal Hunkele

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
March 7.2001
Mr. Darius Stanaland
W.M. Stanaland Estate, Inc.
c/o Jeffcoat, Pike & Nappier, LLC
PO Box 3608
Myrtle Beach, SC 29578
NCDENR
NORTH C.AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Plan of Action
Ocean Harbour Estates Subdivision
Stormwater Project No. SW8 931204
Brunswick County
Dear Mr. Stanaland:
The Division received a faxed letter from your engineer, John K. Klein, P.E., with Wrightsville Engineering
Services, regarding the proposed Plan of Action, filed in response to the Notice of Violation dated February 7, 2001.
Mr. Klein indicates that this will be a two-phase process, and up to 90 days may be needed to complete the
Information gathering for the first phase, after which you wish to reassess your options.
The Division is willing to allow you some time for information gathering, however, we feel that both the
information gathering and the reassessment of your options can take place withing 60 days. There are pending sales
in the subdivision that necessitate the speedy resolution of this situation. Given that this process was started almost
1 year ago, a fair amount of time has already elapsed for the gathering of information. Further delays are unnecessary
and unwarranted.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\SW8 931204.MAR
cc: Linda Lewis
John Klein, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/101%) post -consumer paper

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P. 1
COMMUNICATION RESULT REPORT ( FEB.22.2001 4:21PM)
NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) > r Q�_111T r�
704 MEMORY TX
--------------------
-
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
facsimile
TRANS MIT`I"AL
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
to: John Semmes
fax #: [phone]
re: SW8931204--Ocean Harbour Estates Subdivision
date: February 22, 2001
Pages: 3, including this cover sheet,
Concerning the Professional Engineer's Certiileation, we do not have a copy of that in our file.
If you need this, you can get a copy from the Engineer....
If I can be of further assistance, please advise..

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* * * COMMUNICATION RESULT REPORT ( FEB.13.2001 9:
P. 1
FILE MODE OPTION
283 MEMORY TX
ADDRESS (GROUP)
TTI NCDENR WIRO
RESULT Pf9E
8-9105757509 % OK
'
Co (e r-
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Govemor 'William G. Ross jr., Secretary
FAX COVER SHEET
Date: 13v/ o. O Pages:
To: rom:,
CO: o: _ Ak,. 5 4 W4
FAX « 5-2j-- % D'� � FAX#:,910-350-2004 ..�
REMARKS
127 Cardinal Drive Extension,' Wilmington, N.C. 28405-3045 Telephone (910) 39&3900 r+ax [phone]
An Equal opportunity Airrmative Action Employer

* * * COMMUNICATION RESULT REPORT ( FEB.13.2001 11:04AM
FILE MODE OPTION
--------------
289 MEMORY TX
REASON FOR ERROR
ADDRESS (GROUP)
8-9105757509
OK
RESULT
P. 1
NCDENR WIRO
PAGE
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
l jial'tTX1e11t Of'nvjT"==t Md Nadal ResoUrces
WliMungton Rtrgional Qi1'ice
Michael F, LasIey, favor
Date:t
CO:
FAX #: a � �
127 CA
- -•• ""� w"Mingrou, N.C. 284O"A45 Tdiphond (910) 3PS-30 Faz (910) 350.2if04
An l"quoi Opportunity Af iirmstive Aetiou Employer
William G. moss jr., Secretary,
FA-X COVFP SREFT
No. Of Pages:
From:
CO: `
M#: 91 o-ssa2004

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross jr., Secretary
FAX COVER SHEET
Date: );//.I yrao
To:
CO:
FAX #: q 10
REMARKS:
o�ILZ— Ct11"S l�a� �
No. Of Pages:
From: iJ %�,`✓ 1�,_►�
CO:
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

JEFFCOAT, PIKE & NAPPIER, LLC
ATTORNEYS AT LAW
OTIS ALLEN JEFFCOAT, III"
JAMES C. PIKE, JR?
MARK A. NAPPIER*
ELDON D. RISHER, III
PATRICK J. REILLY
JOEL TALMADGE GIBSON, 111"
KENNETH R. MOSS
NORTH MYRTLE BEACH, SOUTH CAROLINA OFFICE: MYRTLE BEACH, SOUTH CAROLINA OFFICE: CALABASH, NORTH CAROLINA OFFICE:
110 YE OLDE KINGS HIGHWAY
POST OFFICE BOX 4360
NORTH MYRTLE BEACH, SOUTH CAROLINA 29597
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL jpnlaw2®sccoast.net
REPLY TO: Myrtle Beach Office
1601 NORTH OAK STREET, SUITE 303
POST OFFICE BOX 367E
MYRTLE BEACH, SOUTH CAROLINA 29578
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL jpnlawl ®sccoasLnet
December 11, 2000
State of NC Department of Environment and Natural Resources
ATTN: Mr. Rick Shiver
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Re: Ocean Harbour Estates
Storm Water Permit Number SW8 931204
Brunswick County
Our File No. 2513-002
Dear Mr. Shiver:
OLD GEORGETOWN CENTER
9222-3 BEACH DRIVE, SW
POST OFFICE BOX 44000
CALABASH, NORTH CAROLINA 28467
TELEPHONE[phone]
FACSIMILE(910) 579-2770
E-MAIL jpnlaw3®nccoasLnet
ADMITTED IN SC & NC
"ADMITTED IN NC
tOF COUNSEL
This letter is a follow up to my letter of July 20, 2000 and in response to your letter
of November 27, 2000, to Darius Stanaland. As I previously explained, this firm represents W.M.
Stanaland Estates, Inc. and Ocean Harbour Estates, Inc. and we have been asked to address some
concerns you raised in your last letter. Since Darius Stanaland does not receive mail at the 625 Sea
Mountain Highway address that you sent your letter to, I would appreciate you sending any further
correspondence relating to these corporations to me at my Myrtle Beach Office.
In reading your November 27, 2000 letter, it appears that you may have some
misconceptions and erroneous information regarding the infiltration system on Mr. Hunkele's
property. In the first paragraph of your letter, you stated that my clients' corporations did not have
an easement on Mr. Hunkele's property to install an infiltration system. This is in error because when
the system in question was being put in, Mr. Hunkele did not own the property, so naturally there was
no need to have an easement. Tle property was in fact owned by Ocean Harbour Estates, Inc. at the
time in question.
Another issue my clients took exception with was your statement that my clients had
not addressed a past citation they had been given regarding the infiltration system not having the
required vegetated filter. My clients assure me that they had in fact fixed this problem at the time they

State of NC Department of Environment and Natural Resources
ATTN: Mr. Rick Shiver
December 11, 2000
Page 2
had been made aware of its existence. While my clients had ownership of the property, they always
tried to comply with any and all requirements of NCDE&R.
The last issue my clients had with your latest letter was your assertion that my clients
claimed that W.M. Stanaland Estates, Inc. is a defunct corporation. W.M. Stanaland Estates, Inc.
is an active and viable corporation and is still very much in existence. However, as I have stated to
you before, this corporation and Ocean Harbour Estates, Inc. currently have no ownership interest
in the land that is at the heart of this matter. They have not had ownership of this land for a number
of years now and therefore they are in no position to do any work upon this land. Any problems that
may exist with this land were not caused by these corporations and therefore they feel that they
should have no further responsibility with regards to this matter.
As I have offered in the past, I will be happy to further discuss this matter with you
at your earliest convenience. I would suggest that the best way to accomplish this would be to
arrange for a conference call between the two of us together with Vaughn Stanaland, who also has
some knowledge regarding the events in questions. Please feel free to contact my office at your
convenience to schedule such a conference call and hopefully we will be able to bring this matter to
a resolution. I look forward to hearing from you at that time. With kind regards, I am
Sincerely yours,
Mark A.
MAN/mas
cc: Vaughn Stanaland

t 01/30/2001 16:02 910-483-6524 MRI
PAGE 01
Management Recruiters-,
of Fayetteville, NC
Fax Cover
Date: / O /
TO:
Company:
From: CJ04u4i.,
Fax #: 14 510 ~ aoo ( f
Subject:
951 S. McPherson Church Rd, Ste 105
FayettvAle, NC 28303
TdVhone: [phone]
Fax: [phone]
CONFIDENTIAUTY NOTICE - IMPORTANT
Jo: ,A
# of Pages:
)e documents accompanying this fax contain legally protected, confidential Information belonging to the sender. The information Is intended only for
e use of the addressee. If you are not the Intended recipient, or his or her agent, you are notified that any diecloWre, copying, distribution or the taking
any action based upon the contents of this Information In prohibited. If you have received this fax In error, plans nolly us Immediately by telephone
oliect) to arrange for the return of the documents to us. We appreciate your cooperation.

01/30/2001 16:02 910-483-6524 MRI PAGE 02
January 30, 2001
Rick Schiver, Regional Supervisor
N.C. Department of
Environment and Natural Resources
127 Cardinal Drive Ext
Wilmington, NC 28405
Rick,
I appreciated you taking the time to speak with me today concerning the storm drainage
problem in front of my lot (Lot #10 at Ocean Harbor Estates). I have owned this lot over
three years and since we have changed our retirement plans, we have it on the market.
We have accepted an offer and we were scheduled to close on January 29`h or 30". But
because of the drainage problem, it is preventing the transaction. This situation is
causing me a financial loss for each day that passes.
I have spoken with my attorney and I have provided him with all the information that was
provided to me relevant to this problem. It is my attorney's opinion, no one should have
tampered with the drainage pipes - not the owner of Lot #11 or Mr. Standaland. By
tampering with the drainage system. and by removing the pipes, it has caused water to
overflow at the curb and onto my lot.
I am told that North Carolina law prevents anyone tampering with or doing anything to
alter storm water run-offand that they are liable; and that I have a legal remedy. I know
in my discussions with you, you have assured me that the situation is not in compliance
and your department is taking action to bring the responsible parties into compliance.
I am attaching copies of the recorded restrictive covenants pages 20 and 21 for your
review. Please bring this matter to the appropriate people at tomorrows meeting.

01/30/2001 16:02 910-483-6524 MRI PAGE 03
thereto. Upon such owner's failure to do so the Association, at its sole option upon
providing fifteen t1S) days written notice to the Owner at such Owner's last known
address, may prof ide a copy of said materials to the lessee and may charge the owner for
the preparation and delivery thereof. Fines levied against a tenant for violations of this
Declaration or rules or regulations of the Association shall, be due and payable from the
Owner and shall be a lien on the Owner's Lot if not paid to the Association in a timely
manner.
Section 23. Minimum Living Area Requirements, The Living Space of the
main structure of any Unit shall not be less than the minimums established by the
Declarant on Exhibit "B" attached hereto or by separate supplement to this Declaration.
Section 24. Outdoor Elements. No clothes lines, clothes poles, or similar
equipment shall be allowed on any Lot. Any outdoor recreational equipment shall be
approved by the Architectural Review Board prior to place ncrnt. Any pumps, storage tanks,
or similar devices shall be located within the garage of the residence or underground. All
utility services shall be contained underground.
Section 25, Access. There shall be no access allowed to any Lot within the
Properties except that access provided by designated roadways within the Properties, and
no Lot shall be accessible to Ocean Harbour Drive except by other roadways.
Section 26. Stormwater Runoff. No more than 5,300 square feet of any lot
shall be directly covered with an impervious surface, This covenant is intended to insure
continued compliance with stormwater runoff rules as adopted by the State of North
Carolina and therefore the benefits of this Section 26 may be enforced by the State of
North Carolina, a duly appointed agency thereof, the Declarant, or the Association.
Section 27. Prohibition Against 'Tittle Shag" Use. No Lot or structure
shall be "time shared", nor shall any Lot or structure be owned, used or operated in
violation of the North Carolina Time Share Act, N.C.G.S. §§93,A-39 et sg . as the same may
be amended from time to time, nor shall any Lot or structure be owned, used or operated
so as to constitute such Lot or structure as a "time sharing unit" required to be registered
within the meaning of such statutory provisions.
ARTICLE M. - EASEMENTS- AND SETBACKS
Section 1. Easements for the installation and maintenance of driveway,
walkway, parking area, water line, gas line, telephone, cable tevision, ec c power Me,
sanitarLr end/nr torm sewer drains a facilities, surface water drainage, and for other utility
instal aal tiow are reserved as outlined on the recorded plat and/or may be granted by the
Declarant, its successors and assigns over any properry owned by either of them, and the
Association may reserve and grant additional easements for the installatign and
maintenance of the aforementioned utilities, or other necessary purposes, over and across
any Common Area. Within an such easements above provided for, no structure, lanting,
or other material shall be place or pe wTiici`�may interfere with the
installation of said utilities or which may change the direction of now or drainage
20

01/30/2001 16:02 910-483=6524 MRI PAGE 04
channels in the easements or which may obstruct or~retard the flow of water�h
'drainage chaiine s m a easements. In addition the ASS50ation sha—fl'ave the continuing
right (buc not obligation) and easement tQ maintain all sewer and water lines locaxed on
any Lot as well as to direct the flow of surface water drainage along easement areas.
Section 2. Declarant further reserves unto itself, the Association, their
respective successors and assigns, a perpetual, alienable and releasable easement and right
on, over, and under the ground upon any Lot to erect and/or maintain, in any manner all
items as outlined by -section 1 above. Said easements shall be ten riol feet .o er
side o all Lot hues. Any entry upon a Et -or use of these easernmr areas, within these
grante easement areas, by the Declarant or the Association, their successors, duly
appointed representatives, and/or assigns, shall not be deemed a trespass.
Section S. Building Setbacks. Building Setback areas, over which no
residence or other building or. above -ground structure may be erected, shall be established
by the Declarant for each. Lot_ Such setbacks shall be evidenced on a plat which is duly
recorded in the appropriate governmental office in Brunswick County, North Carolina.
Until such time as the first Lot within a phase or section is sold the Declarant shall have
the right and privilege to modify any and/or all of the building setbacks on any and/or all
of the lots within that phase or section subject to the jurisdiction of the appropriate
governmental authorities. Each Residence or other structure which shall be erected on any
Lot shall be situated on such Lot in accordance with the building and setback requirements
of any applicable zoning ordinances.
ARTICLE X11. - INSURANCE AND CASUALTY LOSSES
Section 1. The Association's Board of Directors ("the Board"), or its duly
authorized agent, shall have the authority to and shall obtain blanket all-risk insurance, if
reasonably available, for all insurable improvements to or on the Common Area. if blanket
all-risk insurance coverage is not available then at a minimum an insurance policy
providing fire and extended coverage shall be obtained. This insurance, if practical, shall
be in an amount sufficient to cover one hundred (100%) percent of the replacement cost
of any repair or reconstruction in the event of damage or destruction from any insured
hazard within the Common Areas,
The Board shall also obtain a public liability policy covering the Common
Area, the Association and its members for all damage or injury caused by the negligence
of the Association or any of its Members or agents. If reasonably available, at the
discretion of the Board, the public liability policy shall have at least a One Million
($1,000,000.00) Dollar single person limit with respect to bodily injury and property
damage, a '1 awe Million. ($3,000,000.00) Dollar limit per occurrence, and a One Million
($1,000,000.00) Dollar minimum property damage limit.
The Board shall also obtain a policy protecting its officers and directors from
liability and every director and officer of the Association shall be indemnified by the
Association against all expenses and liabilities, including attorney's fees, reasonably
incurred by or imposed upon him/her in connection with any proceeding to which he/she
21

❑�� Kimley-Horn
and Associates, Inc.
June 09, 2000
JUN 15 LUUU
BY:
Linda Lewis
NCDENR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Ref: Ocean Harbour stormwater project �W8- 000415�
Dear Linda
This letter is to request an extension of time to resubmit the Ocean Harbour
project. We plan to have this project ready to resubmit on or before June 30,
2000.
If you have any questions or need additional information please give me a call
(919 677-2149) or e-mail [e-mail]).
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
1ai
�
nes R. Com ton P.E.
P
cc: Harlan Britt, P.E.
Don Safrit
isle
■
P.O. Box 33068
Raleigh, North Carolina
27636-3068
TEL [phone]
FAX [phone]

Corporation Information
http://corp.secstate.state.nc.us/cgi-bin/]istbycorp.pI
DEPARTMENT OF THE SECRETARY Of STATE
Data Current as of 02/01/00
Information for W. M. STANALAND ESTATE, INC.
Corporation Id: 0139508 Date of Corporation: Jan 4 1978
Corporation Status: ACTIVE
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: VERTILEE S BENNETT
Address: 1159 RIVER RD
[City: CALABASH State: NC ~ Zip: 28467
Filings-�
Put III 11 In (1! tw( IIi1me rch
10611,11 so solly1rlrx ;:r.1101
Notice: Information presented on this Web site is collected, maintained, and provided for the convenience of the
reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not
certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no
circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
1 of 1 12/14/2000 8:09 AM

625 Sea Moutain Highway
North Myrtle Beach, SC 29582
November 5, 1999
ivis. Linda Lewis
Environmental Engineer
DHEC
127 Cardinal Drive Extension RECEIVED'
Wilmington, NC 28405-3845 I
NOV 13 1999
Re: Stormwater Project Number SW8 931204 Modification
BY:
Dear Ms. Lewis,
Please be advised that Ocean Harbour Estates, Inc. no longer wishes to pursue the
above referenced modification as it no longer owns the subject property. Please
withdraw the application.
Sincerely,
(Mrs.) Nester P. Stanaland-Humphries
CAMy Documents\Stanaland Stewart Company\Stormwater Mod withdraw .doc

August 23, 1999
Mr. Nester Stanaland, Secretary
Ocean Harbour Estates, Inc.
625 Sea Mountain Highway
N. Myrtle Beach, SC 29582
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 931204 Modification
Ocean Harbour Subdivision
Brunswick County
Dear Mr. Stanaland:
The Wilmington Regional Office received a Stormwater Management Permit Application for Ocean
Harbour Subdivision on July 1, 1999. 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 fill in Section I, Part 5 of the permit application.
2. Please add a location map to the plans in conformance with the requirements of .1003 (g) of the
stormwater rules.
3. Please complete Section II, Part 6 of the application, and provide the breakdown of the
impervious area within the drainage area.
4. Please delineate the entire drainage area to system.
5. Please reference the project number above on all correspondence.
6. Please add street and cul-de-sac section details.

Mr. Stanaland
August 23, 1999
Stormwater Project -No. SW8 931204 Modification
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 September 23, 1999, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. 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
Sedunentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\931204.AUG
cc: Linda Lewis
John Klein, P.E.

J
Permit No. 510S98 MW .A/)A ,
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground infiltration trench supplement for each system, design calculations, and plans and specifications
showing all stormwater conveyances and system details.
L PROJECT INFORMATION
Project Name: loc.&Aa 4w*.Y&*V0— Es�wieS
Contact Person: t4ES-tER Phone Number: (bon ) Z41- Z1 oO *-xk. 3Ql1
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
worksheet applies to: Trench _ 1 in Drainage Area "b i
( from plans) (from Form SWU-101)
H. DESIGN INFORMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type SM�o
Infiltration Rate �r cf/hr/sf (circle appropriate units)
SHWT Elevation 20. Z fmsi (Seasonal High Water Table elevation)
Trench Design Parameters
Design Volume
Design Storm
Drawdown Time
Perforated Pipe Size
Perforated Pipe Length
No. Observation Wells
Stone Type (if used)
Stone Void Ratio
59(o c.f.
1. S inch event (1.5 inch event for SA waters, I inch event for others)
0 -L FAR S -ds-
24 inch diameter
l30 ft.
t (PRi9s) (may be required on a case -by -case basis)
314" EsrwE
40%
Trench Elevations (in feet mean sea level)
Bottom Elevation Z2.4 fmsl
Storage/Overflow Elevation Z4 . S fmsl
Form SWU-107 Rev 3.99
Page 1 of 4

Trench Dimensions
Height
Width
4 ft. Length 13o ft.
t{- ft. Volume Provided 10"111 cu.ft.
III. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C.
Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15
A NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table.
d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
tb f A e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided). wmwe R6@o-,Reo Fnc 9�2+oR P� P�•-+�. Ati�a 1s�S�b►t.� .
f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltration
through the bottom only (a hydrogeologic evaluation may be required).
g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour.
h. System is not sited on or in fill material or DWQ approval has been obtained.
i. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
j. System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage.
k. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters ).
m. Drainage area for the device is less than 5 acres.
n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided.
o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches.
p. Sides of the infiltration trench are lined with geotextile fabric.
q. Rock used is free of fines (washed stone) and has a large void ratio.
r. Side to bottom area ratio is less than 4:1.
Form SwU-107 Rev 3.99 Page 2 of 4

s. Observation wells) are provided (case -by -case basis).
t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and
detail is shown on plans.
u. A benchmark for checking sediment accumulation is provided.
IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT
After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general
condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain
system performance.
3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
separation to be reduced and may compromise the ability of the system to perform as designed.
4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month.
Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months)
shall be reported to DWQ immediately.
5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater control
devices as allowed by NCAC 2H .1000 must be designed, approved. and constructed.
6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced
to 75% of the original design depth. The system shall be restored to the original design depth without
over -excavating. Over -excavating may cause the required water table separation to be reduced and may
compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in
an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e.
stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the infiltration system. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used
to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
ti
When the depth at the benchmark reads O , the accumulated sediment shall be removed
from the system.
Form SVM-107 Rev 3.99 Page 3 of 4

I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater ; M
collection system in accordance with the six maintenance procedures listed above. I agree to notify DWQ
of any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: NWg-B-, ST.'�+Il-����� - e'% wo- 4Q�C'e
Address:_ (,25�+ M�•n-�•� F-��G.H�•+AY
Phone: 15 A-3) -z 4 - 2 too Date:
Signature:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and
a resident of the subdivision has been named the president.
a Notary Public for the State of :16� &It- County of
do hereby certify that personally appeared before me this
llo day of , !n l� 1� , and acknowledge the due execution of the forgoing infiltration
31
basin maintenance requireme .Witness my hand and official seal, }�
SEAL My commission expires h'y6
Form SWU-107 Rev 3.99 Page 4 of 4

KLEIN ENGINEERING
AND ASSOCIATES
June 30, 1999
Ms. Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
3410 Wrightsville Avenue
Wilmington, NC. 28403
[phone]
FAX [phone]
DECEIVED
JUL 01 1999 File No.: 97013.1
BYO.'
t t- cr"4�
Re: Ocean Harbour Estates, Brunswick County
Request for Modification to Permit
DWQ Permit No.: 931204 dated 8-2-94 (original permit dated 2-8-94)
Dear Ms. Lewis:
On behalf of Ocean Harbour Estates, Inc., please find enclosed submittal for revisions to the
Harbour Watch cul-de-sac drainage basin within Ocean Harbour Estates. Enclosed for your review
are the following items:
Original plus one (1) copy of the Stormwater Management Permit Application form
One (1) copy of applicable Supplement form
Permit application process fee in amount of $420
Two (2) copies of the Drawings
Two (2) copies of the Narrative Package which include Calculations
Should there be any questions concerning the enclosed information or additional copies desired,
please feel free to contact our office.
Sincerely,
KLEIN ENGINEERING AND ASSOCIATES
\JbHN K. KLEIN, PE
enclosures
cc: Mr. Vaughn Stanaland

Date Received Fee Paid Permit Number
-1_ ,9 r u l
_. State of_N.orth Carolina__.._...._......
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
OCEAN'-IAVU%,Q riC E�aTJlTES ti INC.-
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
1JESTE� 1'�• �A��LA�h - C �.Sace .
3. Mailing Address for person listed in item 2 above:
G2S SEh MWa��►•+� 1�w-i .
City: 1�1 . WI-cvt.Tc.6 �cw State: C.G Zip: 2R582.
Telephone Number: ( 8 A S ) Z AR - 2100 k-A . 3,0%
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
OIL6A0 V�A06e,%C ESTATES
5. Location of Project (street address):
City: eA,_A^A,s%4 County:
6. Directions to project (from nearest major intersection):
_3�erA wour otnn rec., yk,� 1i"l A+3,1
bcs + 4A.C4,"e- I-mvie OcEy l lS tw-+ LEFT .
7. Latitude: 336 S2 , Longitude:_ '78 0 33, - of project
8. Contact person who can answer questions about the project:
Name: t\1 EsT t _ <X-4L14 A. L A*3Telephone Number. ( 8 co ) 7Olai— Moo a4. U%
H. PERMIT INFORMATION -
I. Specify whether project is (check one): New Renewal Modification
Form SWE3-101 Version 3.99 Page 1 of 4

-0
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number, Sw %az * : "9MZ04 and its issue date (if known) JR-Z-94
(0W.%6'%" 4t.L1Y
3. Specify the type of project (check one): Z _g 94)
Low Density ✓ High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major —Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
?wassCT tNVot-V'eS "LMCATWa OF TR cm-loc-A 1R�Lt�r4�C- TIGENC.K +tea 'TO
AEI zo-r-A -0- LAcxria-) vat-r"wi bh* OF TH6 m4viA6,E $�iry11JS
2. Stormwater runoff from this project drains to the A 1WW River basin.
3. Total Project Area: ZA •9Z acres
5. How many drainage areas does the project have? IZ
4. Project Built Upon Area: Z15 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
gAsttJ �1�'1
Receiving Stream Name
A W W
Receiving Stream Class
SA.
Drainage Area
Z . 5°1 A e-
Existing Impervious* Area
Proposed Im ervious*Area
p wtee 'Af.T
s� as
Impervious* Area (total)
Z a
. .
On -site Buildings
On -site Streets
Cet t
On -site Parking
0+C1G, wh< CAC-C-S.
On -site Sidewalks
Other on -site
Off -site
Total:
Total:
" Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Pone SWU-101 Version 3.99 Page 2 of 4

J,
7. How was the off -site impervious area listed above derived?_ t0oNE ivttwt �T�cD 10
Eary-%t corle
rV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed resu ctior►s and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2: No more than squarefeet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. AlI permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stonnwater management permit supplement form(s) listed below must be submitted for
each BMP-specified for this project. Contact the Stonnwater and General Permits Unit at [phone] for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SW-J-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU--109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99
Page 3 of 4

•I.
k
VI. SUBMi:'I'I'AL REQUIREMENTS
r�
Only complete application packages will be accepted and reviewed by the Division of water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required) i
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): k�ICVa Ea(-wV.S*\rZE. ar*-, AsSocaKVftS.
Mailing Address: 3A10 A-4m .
City: State: 0e- Zip: Ze4o'3
Phone: ( 110 ) 119 9 -119 (.-I Fax: ( g \ O ) - (Rs - n5l*)
VUL APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) tJm= T-'-. SrANA1-A0o
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Date: x G / (a, -1f
Form SWU-101 Version 3.99 Page 4 of 4

November 18, 1998
Mr. Cal Hunkele
PO Box 6838
South Brunswick, NC 28470
Dear Cal,
OCEAN HARBOUR
E S T A T E S
Thank you for your letter of November 14th .
I am forwarding copies of your letter to Nester Stanaland and Scott
Stewart, our other directors, along with this reply. Along with you, I
believe communication is an important aspect of our business and so I am
also copying your letter and this reply to our property management
company (Ally) with a request to incorporate all relevant information for
1998 in a newsletter to be included in the information packet for our annual
meeting.
In our most recent phone conversation I mentioned that both of your
concerns were being addressed. Specifically, the cul-de-sac drainage and
the matter of your driveway. Those concerns are still being addressed but
I can share further information with you even though I cannot be specific
with regard to dates.
It is my feeling that the slope of your driveway (where it meets the curb)
was a choice made by you or your contractor. Your driveway was built
after the roadway and curb. Neither the curb or roadway has changed
since your driveway was installed.
I agree that you have a reason to be concerned in that cars cannot enter
your driveway at a reasonable speed without scraping. I do not believe the
association or developer should be held accountable for correcting your
driveway because neither exercised control in the construction process.
Understanding your concerns, however, I believe the association should
take this matter into account if the cul-de-sac drainage issue results in a
removal of a section of your driveway. I will encourage the directors to
correct both matters at the same time, as I promised you I would do, if one
impacts the other.
The cul-de-sac drainage issue, as you recall, was a problem created as a
result of your septic field installation. Prior to that event there was no
drainage problem within the cul-de-sac. Unfortunately, the resolution to
this matter rests with our engineering firm and with governmental
agencies. In a nutshell, the engineer must design a suitable solution which
must be approved by the appropriate authority. I understand' and
empathize with your frustration in this matter and share your implicit
questioning about whether anything is really being done. I apologize for
the delay but ask for your patience as we work out a permanent solution
that will cause no further problems.
Regarding the other topics you mentioned:
"L"""'Ma,Uo'untain Highway • North Myrtle Beach, SC 29582 • 1-800-249-2100 • 1-803-249-2100

far

-2-
The fence along Ocean Harbour Drive is completed. The funding for the
construction of the fence was provided by Stanaland Stewart Company and
Mr. Poff, not through association funds. Fence maintenance will be an
association responsibility as the fence (like the columns) are within an
association easement area. Whether or not to paint, for instance, will be an
association decision that will be based, partly, on the residents desires.
Hurricane Bonnie caused a number of problems to the association grounds
and to individual lot owners. Personally, the damage on our -lots was in
excess of $6, 000.00. The association common area expenses are $6, 500.00
to -date and the work is still not complete. We have reviewed each lot and
received pricing for what it will take to restore each to "Pre -Bonnie"
condition. That information will be forwarded to each lot owner along with
a letter giving the owner the choice of utilizing our suggested provider or
handling 'the cleanup themselves, in accordance with association guidelines.
The mailbox design was approved by the board of directors in accordance
with our association's governing documents. All directors are lot owners.
There is no requirement that you or any owner use the vendor that we
suggested. You may build the mailbox yourself or have someone else build
it for you. You may opt for no mailbox at all. The pricing is, however,
for a completely finished product that is very attractive, approved, and
well -constructed. I estimated that I could probably build the mailbox for
about half the cost priced but I would probably spend a lot of time
(woodworking skills are quite novice) and I would not be nearly as happy
with the result.
As I mentioned earlier, I believe communication is important. I also believe
that owners willing to participate should be given ample opportunity to do
so. For better or for worse (depending on your opinion) property owner
associations are set up like our government. An association mimics a
republic in that the members elect directors and directors run the affairs
(with assistance from managers or committees) on behalf of their members.
Directors have an obligation to the membership that is governed by the
deed restrictions (declaration) and by the by-laws. Directors' jobs can be
rewarding but are typically thankless.
I'll close by letting you know that we are in the process of formulating our
1999 association budget, corresponding with lot owners about cleanup,
working to resolve the drainage issue, and exploring other ways to maintain
or enhance all of our property values. As well, we will be soon setting the
date for our annual meeting where all are welcome to participate in the
election of new directors, among other association matters.
I hope this addresses your concerns and I'd like you to feel free to call me
anytime at [phone], extension 3033.
HUNKLE=ALEMGMT/OHE

,p 1,

-3-
Sincerely,
Ocean Harbour Estates Association, Inc.
Z-
W. aughn Stanaland
c: Nester P. Stanaland, Director
Scott D. Stewart, Director
O. Allen Jeffcoat
Ally Property Management

1. a

OCEAN
E S T
May 4, 1998
Mr. Cal Hunkele
PO Box 6838
South Brunswick, NC 28470
Dear Cal,
iARBOUR
A T E S
Thank you for your letter of April 29, 1998. I too am excited that we are
neighbors and would like to welcome you to Ocean Harbour Estates. I hope
you enjoy many years here in good health and happiness.
In reviewing the Architectural Guidelines, Section VI, 6.1, the first
sentence of the paragraph states the purpose for the bond is "...to assure
completion of all improvements, including landscaping, within the time
periods required." The bond is to assure an appealing exterior presence of
both the home and the land. Since this requirement has been adhered to
with other properties, I'm sure you can understand why it is prudent to
maintain such a standard.
We will work with you regarding the completion time because I certainly
understand your situation and concur that high water levels can be a
detriment to landscaping improvements. Please don't rush your
improvements out of a concern that your bond will be forfeited. I'm sure
all would agree that you have encountered an unexpected situation.
The storm drainage system was installed in accordance with the plans and
specifications certified by a professional engineer and approved by the
necessary authorities. In that sense, I do not believe the high water level
you speak of is a result of the storm drainage system but rather the
natural underground flow of the water from uphill to lower areas. I do not
recall our discussing the matter, but I am aware that Vaughn discussed the
function of the system with the engineer prior to your purchasing the
property so he could honestly and intelligently answer your questions.
It is difficult to imagine Vaughn telling you that "none of the storm drain
basins or lines were active." The very purpose of the basins and the
drainage system would be contrary to such a statement. In speaking with
Vaughn yesterday, he said he told you that the outflow located on the
westernmost corner of your property had never been utilized, even in the
heaviest rains we have experienced. Our engineer, given the outstanding
percolation rates for the area more than once, expressed his belief that
much of the system would never be needed. We built the system according
to the possibility of a deluge that we have yet to experience (even during a
hurricane) .
Century 21 Thomas
HUNI{I,E01/SALEMGMT/OHE ka? i t4'a l kx# 1fUff I I Otfilt It itI w Ncxrt11 A-tgrde Beach, SC 2�) 382
1-80" 1^24�. 2100 a W) 3- 24 tc}-21(X )

-2-
Vaughn also mentioned that the supply line for the golf course irrigation
system was also in question. While, according to Ocean Harbour Golf
Links, the old supply line has been abandoned and is inactive the
possibility could exist that the new line could have a leak. I am told that
those lines are typically always maintained under pressure. While I am not
an authority on golf course irrigation systems, it would seem to me that a
leak in a line that is kept under pressure could create quite a problem.
You might find it comforting to query the golf course regarding such a
possibility and, if a leak existed, how it would be detected.
I shared your letter with Vaughn and he still believes, as I do, that the
drain lire did little, if anything, to contribute to your water problem.
Given our views, I believe his offer to wall the access to the section of the
drain along the perimeter of your iot was very generous and eliminates the
possibility of any water entering that section further. Since the water will
not be able to reach the area in question, I see no purpose in removing
any further portion of the line.
I would like to reiterate that the Association at no time represented that the
drainage lines or basins were inactive - either to you or anyone else. The
storm drainage system is designed to remove surface water (and thus be
active) during rainy weather and be dormant (inactive) during dry
weather. Vaughn's observations regarding the outflow on the corner of
your property were quite accurate and his views were honest, in good
faith, and in no way misleading.
Vaughn and I will continue to work with you with great care, exercising
diligence .and honesty as we have done heretofore.
Please do not hesitate to contact me if I may be of further assistance.
Sincerely,
Ocean Harbour Estates Association, Inc.
Nester P . Stanaland
Secretary
c: O. Allen Jeffcoat
Ally Property Management
HUNKLE01/SALEMGMT/OHE

Castles
kconsulting
Engineers,inc,
January 25, 1996
BAN 2
s
---q 3(Z �...
State of North Carolina
Dept. of Environment, Health, and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attention: Mr. Rick Shiver, P.G.
Re: Ocean Harbour Estates
Stormwater Project # 931204
Brunswick County
Plan of Action
Dear Mr. Shiver:
It is Mr. Stanaland's intent to comply with all the regulations
for the State of North Carolina and it was an oversight by the
contractor in running the pipe so close to SA waters. Our plan
of action to correct the matter is as follows:
1. Remove the rip rap from around the end of the pipe, seal the
end of the pipe with a glued cap and bury the end of the
pipe.
2. Proceed upstream of the pipe to a distance of at least 50,
from the critical line and construct an overflow structure
on the pipe, to allow excess flow to overflow across the
vegetated area.
3. The swale between the overflow and the critical line will be
vegetated with a permanent stand of grass. This swale will
be adjacent to the new wooden walk.
4. This plan will be put into effect by February 15, 1996
provided it is acceptable to the agency.
ENGINEERING / LAND PLANNING / SURVEYING
Founders Centre, Suite 304
2411 N. Oak Street / Myrtle Beach, SC 29577 / 8q3-448-0910 / Fax: [phone]

S. We have enclosed a copy of the engineer's certification
for the infiltration system.
Please give me a call if you need additional information or have
any question.
Sincerely,
Castles Consulting Engineers, Inc.
Robert L. Castles Jr. P.E.
President
RLC/smg
xc: Ms. Nester Stanaland
Mr. Delaney Aycock
Ms. Linda Lewis

1008 783
CIEfTt rno per,!gTn, kT1^3,,1
STATE OF NORTH SECOND A14ENDMENT TO
DECLARATION OF RESTRICTIONS AND
COUNTY OF BRUNSWI94 NOV 15 )PM 2: 36FROTECTIVE COVENANTS FOR
OCEAN HARBOUR ESTATES, INC.
R60E"? J. °URNSON
REGISTER OF DEEDS
BRUNSWICK COU.+1Y, N.C.
This Amendment is made this /5 )�- day of November, 1994,
by OCEAN HARBOUR ESTATES, INC., a North Carolina Corporation,
hereinafter called "Declarant".
RECITALS
A. By instrument entitled "Declaration of
Restrictions and Protective Covenants for
Ocean Harbour Estates Subdivision", dated
March 8, 1994, recorded in the Office of the
Register of Deeds for Brunswick County on
March 16, 1994, in Deed Book 973 at Page 356
("the Declaration"), the Declarant imposed
certain easements, restrictions, covenants and
conditions on the real property ("the
Properties") described in the Declaration and
thereafter amended said restrictions by that
certain First Amendment to the Declaration of
Restrictions and Protective Covenants for
Ocean Harbour Estates, Inc. dated March 29,
1994 and recorded April 5, 1994 in the Office
of the Register of Deed for Brunswick County
in Book 976 at Page 242.
B. Pursuant to Article III of the Declaration,
the Declarant has the unilateral right,
privilege and option to subject to the
provisions of the Declaration any property
that the Declarant owns adjacent to the
Properties;
C. The Declarant wishes to annex and subject to
the Declaration the adjacent property
described on Exhibit "A1l attached hereto.
REI.
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TOTA!-.- _ ----
Tc
Cy 190
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2 _ . _

8(foy= PACE
1008 784
AMENDMENT
Now, therefore, in consideration of the foregoing
premises and powers, the Declarant hereby amends the Declaration as
follows:
1. The property described on the attached Exhibit
"A" are hereby submitted to the above
referenced Declaration.
2. The lots described on Exhibit "A" shall also
be subject to the Supplemental Restrictions
set forth on Exhibit "B" attached hereto.
3. Except as expressly set forth above, the
Declaration shall remain in full force and
effect and unaltered hereby.
IN WITNESS WHEREOF, Declarant has caused this instrument
to be executed by its president and attested by its secretary the
day and year first above written.
OCEAN HARBOUR ESTATES, INC., (Cor orate
a North Carolina corporation PL
By
L An
.01
B. Darius Stanaland
Attest: :: �•:. .:: � : ; •;
vie rtilee S. Bennett
4 � '' tttt+tom
STATE OF SOUTH CAROLINA )
ACKNOWLEDGEMENT
COUNTY OF HORRY )
I, F , a Notary Public, do
hereby certify that . Darius Stanaland, the President of Ocean
Harbour Estates, Inc., a North Carolina corporation, personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument on behalf of such corporation. Witness.my .
hand and notarial seal this 15th day of November, 1994.
Notary Public for South �." c i °• �> ='
My Commission expires: 3e
STATE OF NORTH CAROLINA •'t
u s '
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of—� t =-YI'r y.
Notary(ies) Public (is)(are) Certified to be Correct.
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof•

ars
gCoK` PAGE
1008 789
EXHIBIT "A"
Description of Property Submitted to
the Declaration, Constituting Ocean Harbour
Estates Subdivision as the Time of
Filing the Declaration of Restrictions
and Protective Covenants
LOTS
All those certain pieces, parcels or lots of land
situate, lying and being in Shallotte Township, Town of
Calabash, Brunswick County, North Carolina, being shown
and designated as Lots Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), Twenty
(20), Twenty-one (21), Twenty-two (22), Thirty-one (31),
Thirty-two (32), Thirty-three (33), Thirty-four (34),
Thirty-five (35), Thirty-six (36), Thirty-seven (37) and
Thirty-eight (38) as referenced on the Plat of Survey for
Section Two, Ocean Harbour Estates prepared by Thomas W.
Morgan, R. L. S., dated October 20, 1993, revised
February 25, 1994, August 29, 1994 and October 19, 1994
and recorded in the office of the Register of Deeds for
Brunswick County in Plat Book Z at Page /D/ , which
plat is incorporated herein and made a part hereof by
reference.
OTHER COMMON AREAS
All those certain pieces, parcels or tracts of land
situate lying and being in Shallotte Township, Town of
Calabash, Brunswick County, North Carolina, being shown
and designated as "Vest -Pocket Park Site" on Plat of
survey for the W. M. Stanaland Estate by Thomas W.
Morgan, R.L.S. dated June 1, 1993, last revised January
27, 1994, recorded in the office of the Register of Deeds
for Brunswick County in Plat Book Y at page 172 and on
the Plat of Survey for Section Two, Ocean Harbour Estates
prepared by Thomas W. Morgan, R. L. S. , dated October 20,
1993, revised February 25, 1994, August 29, 1994 and
October 19, 1994 and recorded in the office of the
Register of Deeds for Brunswick County in Plat Book Z
at Page /D/ , which Plats are incorporated herein and
made a part hereof by reference.
3

Ock, PAGE
1008 78S
EXHIBIT "B"
Supplemental Restrictions Applicable
Only to Lots Described on Exhibit "A"
V4
Every residence shall contain a minimum of two thAsand two hundred
(2,200) square feet of fully enclosed heated and cooled floor area
devoted to living purposes. This area shall be exclusive of roofed
or unroofed porches, terraces, decks, and/or garages. In all
residences more than one story in height the first story shall
contain a minimum of one thousand five hundred (1,500) square feet
of heated and cooled floor area devoted to living purposes. In
addition to the aforementioned minimum area requirements each
residence shall contain an enclosed garage sufficient to contain at
least two large automobiles in their entirety. The Architectural
Review Board shall have the authority to determine minimum and/or
maximum garage dimensions, should the same become necessary, in its
sole discretion. No garage shall have an opening for cars that
faces the front roadway side of the Lot unless the Architectural
Review Board determine that the same is necessary due to the size
and/or shape of the Lot.
4

s 2>�jCD D
r
ImAy 19 1995
FLED . R ,
---------------------------
DECLARATION OF RESTRICTIONS AND PROTECTIVE `COVEi�AIV`P5- -
r FOR 94 MAR 16 PM 3: 54
OCEAN HARBOUR ESTATES pp pp'Ri�tE� 61S I t r? vi r E E3SIT
SWU
TABLE OF CONTENTS
ARTICLE I: DEFINITIONS ....................................... 2
ARTICLE II: PROPERTY SUBJECT TO THIS DECLARATION ................ 4
ARTICLE III: ANNEXATION OF ADDITIONAL PROPERTY ................... 5
ARTICLE IV: MEMBERSHIP AND VOTING RIGHTS ...................... 6
ARTICLE V: PROPERTY RIGHTS IN THE COMMON AREAS ............... 6
ARTICLE VI: RESTRICTIONS AFFECTING GOLF RESIDENTIAL AREAS ........ 8
ARTICLE VII: RESTRICTIONS AFFECTING WATERFRONT RESIDENTIAL AREAS .. 9
ARTICLE VIII: COVENANT FOR MAINTENANCE AND ASSESSMENTS ........ 10
ARTICLE IX: ARCHITECTURAL REVIEW ............................. 14
ARTICLE X: USE RESTRICTIONS ................................. 15
ARTICLE XI: EASEMENTS AND SETBACKS ........................... 20
ARTICLE XII: INSURANCE AND CASUALTY LOSSES .................... 21
ARTICLE XIII: NO PARTITION .................................... 24
ARTICLE XIV: RULES AND REGULATIONS ........................... 2G
ARTICLE XV: MORTGAGEE AND FINANCING PR VVVVVVt ..... 27
ARTICLE XVI: LENDER'S NOTICES ........... 27
ARTICLE XVII: DECLARANTS RIGHTS ......... ..... _ ...:. DD ... 28
ARTICLE XVIII: GENERAL PROVISIONS ............. 01 , M
EXHIBIT'W. ............................PROJ �'`..... ........ 31
EXHIBIT°Bil...................................................32

STATE OF NORTH CAROLINA ) DECLARATION OF RESTRICTIONS
AND
PROTECTIVE COVENANTS
FOR
OCEAN HARBOUR ESTATES
COUNTY OF BRUNSWICK ) SUBDIVISION
THIS DECLARATION is made this 8th day of March, 1994, by OCEAN
HARBOUR ESTATES, INC., a North Carolina corporation, hereinafter called "Declarant".
RECITALS:
The Declarant is the owner of certain real property located in Brunswick
County, North Carolina, which is more particularly described in Exhibit "A" attached hereto
and made a part hereof by reference.
The Declarant proposes to create on such property a subdivision ("the
Properties"), containing Lots for single family detached houses, villa homes, condominiums,
townhouses, recreational and/or club facilities.
The Declarant wishes to accomplish the following objectives for its benefit
and the benefit of Owners of property in the Properties by the imposition of the covenants,
restrictions and easements set forth herein:
(a) To maintain the value and the residential character and integrity of
the residential portions of the Properties,
(b) To insure the attractiveness of the Properties and to prevent any
impairment thereof,
(c) To preserve, protect and enhance the quality and value of the natural
amenities of the Properties,
(d) To minimize or eliminate the possibility of any nuisances or disruptions
of the peace and tranquility of the residential environment of the Properties,
(e) To provide for the maintenance and upkeep of the property in the
Properties,
(f) To prevent the abuse or unwarranted alteration of the trees,
vegetation, streams, marshes and other bodies of water and natural character of the land
in the Properties,
(g) To prevent any property Owner or any other persons from building or
carrying on any other activity in the Properties to the detriment of any Owners of property
in the Properties, and

W To keep property values in the Properties high, stable and in a state
of reasonable appreciation.
The Declarant wishes to maintain design and location criteria, construction
specifications, and other controls to assure attainment of the foregoing obj; cdves, and has
established an architectural review board to which all plans and drawings for proposed
construction within the Properties must be submitted and from which written approval
must be received for such plans and drawings prior to the start of any construction within
the Properties, as is more fully set forth hereinbelow.
The Declarant has deemed it desirable for the efficient preservation of the
value and amenities in the Properties to create an association to which should be delegated
and assigned the powers of owning, maintaining, and administering the community
properties and facilities, administering and enforcing the covenants and restrictions
collecting and disbursing the assessments and charges hereinafter created, and promoting
the recreation, health, safety, and welfare of the residents.
The Declarant has incorporated under the laws of the State of North Carolina
a nonprofit corporation known as Ocean Harbour Estates Association, Inc. ("the
Association") for the purpose of exercising the aforesaid functions, among others.
DECLARATION:
NOW, THEREFORE, the Declarant hereby declares that all of the Property
described in Exhibit "A" shall be held, mortgaged, transferred, sold, conveyed, leased,
occupied and used subordinate and subject to the following easements, restrictions,
covenants and conditions which are hereby imposed for the purpose of protecting the value
and desirability of these lands and which restrictions, easements, conditions, and covenants
shall touch and concern and run with title to the real property subjected to this Declaration
and which shall be binding on all parties having any right, title or interest in these
described lands or any portion of them. This instrument also binds the respective heirs,
devisees, fiduciary representatives, successors, successors in title and/or assigns, and shall
inure to the benefit of anyone or anything who/which purchases or takes any interest in
real property within the lands subject to this Declaration.
ARTICLE I. - DEFINITIONS
The following words and terms when used in this Declarations or any
supplemental Declarations (unless the context shall clearly indicate otherwise) shall have
the following meanings:
Section 1. "Annual Assessment" shall mean an equal assessment established
by the Board of Directors of Ocean Harbour Estates Association, Inc., for the common
expenses as provided for herein or for the purpose of promoting the recreation, common
benefit, and enjoyment of the Owners and occupants of all Lots.
2

Section 2. "Association" shall mean and refer to Ocean Harbour Estates
Association, Inc., a North Carolina nonprofit corporation, its successors and assigns.
Section-J. "Common Area" shall mean the real property owned by the
Association for the common use and enjoyment of the Owners. The Common Area owned
by the Association shall include (but shall not necessarily be limited to) the roadways, road
right-of-ways, pedestrian pathways/walkways and certain open areas as conveyed by the
Declarant.
Section 4. "Declarant" shall mean and refer to Ocean Harbour Estates, Inc.,
its successors and assigns.
Section S. "Designated Builder" shall mean any person, firm, corporation,
partnership, or other legal entity that is so designated by the Developer in any written
instrument of record that (1) concerns property that is now or hereafter a part of the
Properties and (b) makes reference to this Declaration.
Section 6. "Eligible Mortgagee" refers to an institutional lender holding a
mortgage or deed of trust ("Mortgage'l encumbering a Lot that has notified the Association
in writing of its status, stating both its name and address and the address of the Lot its
Mortgage encumbers, and requesting all rights under the Association's governing
documents and this Declaration. When any right is to be given to an Eligible Mortgagee,
such right shall also be given to any public or private secondary mortgage market entity
participating in purchasing, insuring, or guaranteeing Mortgages within the Properties if
the Association has notice of such participation.
Section 7. "Living Space" shall mean and refer to enclosed and covered areas
within a residence on a Lot, exclusive of garages, rooms over garages, unenclosed porches,
porte-cocheres, carports, breezeways, terraces, balconies, decks, patios, courtyards,
greenhouses, atriums, bulk storage areas, attics and basements.
Section 8. "Lot" shall mean and refer to any plot of land regardless of size
appearing on a recorded subdivision neap of the Properties which has been approved by
Declarant as required by this Declaration (with the exception of any Common Area). Each
Lot shall be undeveloped or shall contain one Residence. In the event any Lot is increased
or decrease by resubdivison, the same shall nevertheless be and remain a Lot for the
purposes of this Declaration. This definition shall not imply, however, that a Lot may be
subdivided if prohibited elsewhere in this Declaration. In the event that an Owner desires
to combine two (2) or more adjoining Lots for the purpose of constructing and maintaining
a single Residence thereon, the resulting combined Lots shall from that date forward be
deemed one Lot for the purposes of this Declaration.
Section 9. "Member" shall mean and refer to every person or entity who
holds membership in the Association, as provided by this Declaration and in the Bylaws.
Section 10. "Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of the fee simple title to any Lot which is part of the
3

. . .. ,.—_— .—__— L._—_aa..]4; �=—R�.YD Y...�i.� �. -_w«p
Properties, including contract sellers, but excluding those having such interests merely as
security for the performance of an obligation.
Section 11. "Properties" shall mean and refer to the real property as
described in Article II, Section 1 hereof, and any additions thereto as are or shall become
subject to this Declaration and brought within the jurisdiction of the Association under the
provisions of Article II hereof.
Section 12. "Residence" shall mean and refer to the improvements to a lot
in the form of a single family dwelling. Residence may, for the purposes of this Declaration,
be referenced as building, structure, or home being constructed on any Lot within the
Properties.
Section 13. "Setback°' or "Building Setback" shall mean and refer to an area
along the boundary of a Lot where no building or other structure, or part thereof, shall be
permitted without the express written permission of the Association.
Section 14. "Special Assessment" shall mean and refer to any assessment
levied by the Association in addition to the "Annual Assessment" as provided for herein.
Section 1 S. "Subsequent Amendment" shall mean an amendment to this
Declaration which adds property to this Declaration and makes it subject to the
Declaration. Such Subsequent Amendment may, but is not required to, impose, expressly
or by reference, additional restrictions and obligations on the land submitted by that
Subsequent Amendment to the provisions of this Declaration.
ARTICLE H. - PROPERTY SUBJECT TO THIS DECLARATION
AND JURISDICTION OF OCEAN HARBOUR ESTATES ASSOCIATION, INC.
Sect_ 'on 1. Property. The real property which is and shall be held,
transferred, sold, conveyed, and/or occupied subject to this Declaration, and within the
jurisdiction of the Association is located in Brunswick County, North Carolina, and more
particularly described in the attached Exhibit "A" together with any additional property
which may be annexed by virtue of the provisions of Article III of this Declaration.
Section 2. Merger or Consolidation. Upon consolidation or merger of the
Association as provided in its Articles of Incorporation, or by other applicable law, its
properties, rights and obligations may, by operation of law, be transferred to another
surviving or consolidated association or, alternatively, the properties, rights and obligations
of another association may, by operation of law, be added to the properties, rights and
obligations of any association as a surviving corporation pursuant to a merger. The
surviving or consolidated association may administer the covenants and _restrictions
established by this Declaration within the Properties together with the covenants and
restrictions established upon any other properties as one scheme. No such merger or
consolidation, however, shall effect any revocation, change, or addition to the covenants
established by this Declaration within the Properties.
..1

ARTICLE M. - ANNEXATION OF ADDITIONAL PROPERTY
Section 1. Annexation by Declarant. As the owner thereof, Declarant, its
successors and assigns, shall have the unilateral right, privilege, and option to subject to
the provisions of this Declaration and the ju.-isdiction of the Association any property that
it now, or in the future, owns adjacent to that shown on Exhibit "A" or by way of previous
annexation any property adjacent to property adjacent to Exhibit "A", attached hereto and
by reference made a part hereof, whether in fee simple or leasehold, by filing in the office
of the Register of Deeds in Brunswick County, North Carolina, and amendment annexing
such Properties.
Such annexation shall be for any purpose designated by the Declarant, its
successors and assigns, including but not limited to connection of roadways through
previously platted/planned lots owned by the Declarant. Such Subsequent Amendment to
this Declaration shall not require the vote of the Association members. Any such
annexation shall be effective upon the filing for record of such Subsequent Amendment
unless otherwise provided therein. The Declarant shall notify the Association of the
Amendment within thirty (30) days of its recording of any amendment annexing real
property. Declarant's notification shall include a complete written description and location
of annexed property and a survey of said property as prepared by a Registered Land
Surveyor.
Section 2. Annexation by Association. Upon the affirmative vote of the
majority of the members of the Board of Directors of the Association or voting alternates
at a Special Meeting duly called for such purpose the Association may annex real property.
Provided however, Declarant must approve such annexation so long as the Declarant owns
any property subject to this Declaration.
Any property may be submitted to the provisions of this Declaration and the
jurisdiction of the Association by the Association filing of record in the Public Records of
Brunswick County, North Carolina, a Subsequent Amendment in respect to the Properties
annexed after the affirmative vote of the Association as outlined within this section 2.
Such Subsequent Amendment shall be signed by the President and the Secretary of the
Association and the owner of the properties being annexed, and such annexation shall be
effective upon filing unless otherwise provided for herein. The relevant provisions of the
Association's By -Laws dealing with a Board of Directors Special Meeting shall apply to
determine the time required for and proper form of notice of any meeting duly called for
the purpose of considering annexation and to ascertain the presence of a quorum at such
meeting.
Section 3. Acquisition of Additional Common Area. Declarant may convey
to the Association additional real property, improved or unimproved, located within the
properties which upon conveyance or dedication to the Association shall be accepted by the
Association and thereafter shall be maintained by the Association at its expense for the
benefit of all its members.
5

Section 4. Amendment. This article shall not be amended without the
written consent of the Declarant as long as the Declarant owns property within or adjacent
to the subdivision.
ARTICLE IV. - INIEMBERSHEP AND vOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a
member of the Association. Membership shall be appurtenant to and may not be separated
from ownership of any Lot which is subject to assessment.
Section 2. The voting rights of the membership shall appurtenant to the
ownership of the Lots. The shall be two classes of Members with respect to voting rights:
(a) Class I Members. Class I Members shall be all owners, except the Class
II Member as the same is hereinafter defined. Each Class I Member shall be entitled to one
(1) vote for each Lot owned. In no event shall more than one vote be cast per lot owned
by any Class I Member.
(b) Class II Member. The sole Class II Member shall be the Declarant. The
Declarant shall be entitled to five (5) votes for each lot owned by it. The Class II
Membership shall cease to exist and be converted to Class I Membership when eighty
percent (80%) of the Lots within the Properties, including any property subjected to these
restrictions via subsequent amendment, have been conveyed to Class I Owners by
Declarant, or at such earlier time when the Declarant, its successors or assigns, notifies the
Association in writing that the Declarant has elected to cease being the Class II Member.
ARTICLE W - PROPERTY RIGHTS IN THE COMMON AREAS
Section 1. Members Easements. Each Member and each Member's tenant,
agent, and/or invitee shall have a permanent and perpetual easement for ingress and egress
for pedestrian and vehicular traffic over and across the roadways from time to time laid out
on the Common Areas, for use in common with all other such Members, their tenants,
agents, and invitees. The portions of the Common Areas not used from time to time for
roadways shall be for the common use and enjoyment of the Members of the Association,
and each member shall have a permanent and perpetual easement for pedestriantraffic
across all such portions of such tracts as may be regulated by the Association. Further,
each Member, tenant, agent and invitee of each such Member shall have a nonexclusive
permanent and perpetual easement for ingress and egress over and across the entrance
road.
Section 2. Easements Appurtenant. The easements provided in Section 1
shall be appurtenant to and shall pass with the title to each Lot, regardless of whether such
easements are expressly described in any instrument of conveyance.
Section 3. Public Easements. Fire, police, health, sanitation, and other public
service personnel and vehicles shall have a permanent and perpetual nonexclusive easement
for ingress and egress over and across the Common Areas.
P

Section 4. Declaranes Easements. Declarant reserves unto itself and its
successors and assigns the right of ingress and egress over all roads and/or Common Areas
within the Properties whether existing or constructed in the future for access to any areas
which adjoin or are a part of the properties to areas adjacent to the properties which may
not be part of the properties for the purposes of maintenance, construction. sales,
development, and/or enjoyment. The easement herein reserved shall be in addition to, and
not in lieu of, any other easements to which Declarant, its successors and assigns, may be
entitled. This easement shall exist so long as Declarant retains any ownership in the
Properties or any interest in lands adjacent to the Properties.
Section S. Maintenance. The Association shall at all times maintain in good
repair, and shall repair or replace as often as necessary, the paving, drainage structures,
street lighting and fixtures, landscaping, and amenities (except utilities) situated on the
Common Areas. The Board of Directors of the Association acting by a majority vote shall
order all work to be done and shall pay for all expenses including but not limited to all
common utilities on all Common Areas. All work pursuant to this Section 5 and all
expenses hereunder shall be paid for by the Association through assessments imposed in
accordance with Article VIII. Paving and maintenance of individual driveways and the
portion of the Common Areas between each Lot and the roadway shall be maintained by
each Lot owner. The Association may delegate or transfer its maintenance obligations to
a governmental authority under such terms and conditions as the Board of Directors may
deem in the best interest of the Association.
Section 6. Utility Easements. Use of the Common Areas for utility easements
shall be in accordance with the applicable provisions of this Declaration.
Section 7. Delegation of Use.
(a) Family. The right and easement of enjoyment granted to every Owner
in Section 1 of this Article V may be exercised by members of the Owners' family who
occupy the residence of the Owner within the Properties.
(b) Tenants. The right of easement of enjoyment granted to every Owner
in Section 1 of this Article V may be delegated by the Owner to his tenants who occupy
a residence within the Properties.
(c) Guests. Recreational facilities, if any, situated upon the Properties may
be utilized by guests of Owners or tenants subject to the rules and regulations of the
Association as established by the Board of Directors.
Section 8. Ownership. The Common Areas shall be conveyed to the
Association upon the cessation of the Class II Member or earlier, at the discretion of the
Declarant. The Association shall immediately accept such conveyance. The Association,
prior to conveyance, shall, at the request of the Declarant, perform all work as outlined in
Section 5 of this Article on any property that the Declarant intends to be conveyed as
Common Area and absorb the expense for the same in accordance with Section_ 5. Prior
to conveyance of the Common Areas, the Association shall request of the Declarant, and
7

be provided, a list of areas to be maintained by the Association that are intended to be
conveyed. Upon conveyance, it is intended that all real estate taxes against the Common
Areas shall be assessed against and payable by the Association, as shall any personal
property taxes on any personal property owned by the Association. Declarant shall have
the right from time to time to enter upon the Common Areas and adjoining properties
during periods of construction for the purpose of construction of any facilities on the
Common Areas which the Declarant elects to build. The Owner of a Lot shall have no
personal liability for any damage for which the Association is legally liable or arising out
of or connected with the existence or use of any Common Areas or any other property
required to be maintained by the Association.
ARTICLE VL - RESTRICTIONS AFFECTING GOLF RESIDENTIAL AREAS
Section 1. Golf Residential Areas Defined. "Golf Residential Areas" are
defined as all those residential lots, tracts of land, or Common Area within the Properties
located adjacent to any golf course.
Section 2. Landscape Requirements. That portion of any Golf Residential
Area within twenty (20) feet of the line bordering the golf course shall be in general
conformity with the overall landscaping pattern for the golf course area as established by
the golf course. As with any lot improvements, all individual lot landscaping plans must
be approved by the Architectural Review Board prior to implementation.
Section 3. Golf Course Maintenance Easement Area. There is reserved by
the Declarant, its successors and assigns, a "Golf Course Maintenance Easement Area" on
each Golf Residential Area of twenty (20) feet from the property line bordering the Golf
Residential Area. This reserved easement area shall permit the Declarant or the
Association, their successors or assigns, to go onto any Golf Course Maintenance Easement
Area for the purpose of landscaping or maintaining said area. Such maintenance and
landscaping may include, but is not limited to, regular removal of underbrush, trees less
than five (5) inches in diameter, stumps, trash or debris, planting of grass, watering,
application of fertilizer, and mowing the Easement area. Provided however, that the
described maintenance and landscaping rights shall apply to an entire residential lot until
there has been filed with the Association a landscaping plan for such lot by the Owner
thereof, or alternatively, a residence constructed thereon. The Declarant reserves the right
to waive the easement herein reserved in whole or in part in its sole discretion.
Section 4. Permissive Easement Prior to and After Residence. Until such time
as a residence is constructed on a Lot, the Declarant, its successors and assigns, and the
Association reserve an easement to permit and authorize registered golf course players and
their caddies to enter upon a Lot to recover a ball or play a ball, subject to the official rules
of the course, without such entering and playing being deemed a trespass. After a
residence is constructed, the use of such easement shall be limited to the _recovery and
removal of balls only. No play shall be permitted in the Easement area or lot during or
after the construction of a residence. Golfers or caddies shall not be entitled to enter any
such lot with a golf cart or other vehicle (motorized or otherwise), nor spend more than
five (5) minutes time on such Lot, or in any other way commit a nuisance or damage such

Lot. On a Golf Residential Area Lot, "Out of Bounds" markers may be placed by the
Declarant, the Association, their successors and assigns.
Section S. Distracting Activity Prohibited. Owners and occupants of Golf
Residential Areas shall refrair from any actions, including but not limited to landscaping,
which would detract from the playing qualities of the golf course or the development.
Such prohibited actions shall include the maintenance of uncontrolled pets or persons or
any other activity in the discretion of the Declarant, the Association, their successors or
assigns may be deemed a nuisance due to noise or activity. Examples of this type of
activity include but are not limited to loud dog barking, pickup of golf balls during hours
the course is open, running on the fairways, or other like interference with golf play. No
fences shall be allowed on Golf Course Maintenance Easement Areas except as required by
governmental authorities.
ARTICLE VQ. - RE 7MCTIONS AFFECTING WATERFRONT RESIDENTIAL AREAS
Section 1. Waterfront Residential Area Defined. "Waterfront Residential
Areas" or "Waterfront Property" shall be defined as all those residential lots, common area,
tracts, or blocks of land intended for residential development located, or to be located by
Subsequent Amendment, within the Properties having a boundary line which borders the
Intracoastal Waterway, the Calabash River, any lake or pond within the properties whether
natural or man made. This definition also applies to any residential lot, common area,
tracts, or blocks of land intended for development which border marshlands or wetlands.
Section 2. Governmental Authority. Should this Article VII conflict with the
ordinances, regulations, laws, and/or restrictions imposed by any local, county, state, or
national governmental authority then those regulations shall take precedence, provided
however, that this Article VII, if more restrictive, shall be followed.
Section 3. Landscape Requirements. All Waterfront lots shall be maintained
in an extremely neat, finished, and attractive manner upon completion of a residence or
other iriiprovements, judgement of which shall be in the sole discretion of the Association,
its successors and assigns. Prior to completion of residence or completion or other
improvements upon any Waterfront Property no change may be made to the natural
appearance (ground topography or otherwise) without the approval of the Association, its
successors or assigns.
Section 4. No Owner shall be permitted to use the water from any of the
areas listed in the above Section 1 of this Article V1I for the purposes of irrigation or
otherwise without the permission of the Declarant, its successors and assigns. Provided
however, that this provision shall not prohibit any Owner from digging a well and using
the water found directly beneath such Owner's property for the sole purpose of lot or lawn
irrigation.
E

ARTICLE VIII. - COVENANT FOR MAINTENANCE AND ASSESSMENTS
Section 1. Creation of Lien and Personal Recreation of Assessments. The
Declarant, for each Lot owned within the Properties, hereby covenants and each Owner of
any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments
or charges, (2) special assessments for capital improvements or other matters as herein
provided, and (3) special assessments established hereinafter providing for fines imposed
upon offenders or violators of the rules and regulations of the Association, in the sole and
uncontrolled discretion of the Association.
Section 2. Purposes of Assessments. The assessments levied by the
Association shall be used to promote the comfort and livability of the residents of the
Properties and for the acquisition, improvement and maintenance of properties, services
and facilities devoted to these purposes and related to the use and enjoyment of the
Common Area, including but not limited to, the cost of repair, replacement and additions
to the Common Areas, the cost of labor, equipment, materials, management and
supervision thereof, the payment of taxes assessed against the Common Area, the
procurement and maintenance of insurance, the employment of attorneys to represent the
Association when necessary, the employment of Accountants and other professionals when
necessary, the establishment and -maintenance of reasonable reserves for maintenance and
improvement, and such other needs as may arise. The Owner shall maintain the structures
and/or grounds on each Lot at all times in a neat and attractive manner. Upon the
Owner's failure to do so, the Association may, at its option after giving the Owner ten (10)
days written notice sent to the owner's last known address, or to the address of the subject
premises, have the grass, weeds, shrubs, and vegetation cut when and as often as the same
is necessary in the sole and uncontrolled discretion of the Association. The Owner, by
virtue of deed acceptance, agrees that all such expenses for such work and materials plus
the maximum allowable interest rate by law shall be a lien and charge against the current
Owner of such Lot. Upon the Owner's failure to maintain the exterior of any structure in
good repair and appearance, the Association may, at its sole and uncontrolled discretion,
after giving the Owner thirty (30) days written notice sent to his last known address or the
address of the subject premises, make repairs and improve the appearance in a reasonable
and workmanlike manner. The cost of any of the work performed by the Association upon
the Owner's failure to do so shall be immediately due and owing from the Owner of the
Lot and shall constitute an assessment against the Lot as herein provided. The
Association's right to maintain the exterior of a structure or a Lot shall not be construed
as its obligation. Any entry upon the property for maintenance purposes shall not be
deemed a trespass.
Section 3. Capital Improvements. Funds necessary for capital improvements
and other designated purposes relating to the Common Areas under the ownership of the
Association may be levied by such Association as special assessments, upon the approval
of a majority of the Board of Directors of the Association. The Board may levy a special
assessment of Ten Thousand and 00/100 ($10,000.00) Dollars or Ten (10%) percent of
the annual budget, whichever is greater, without the approval of the membership. The due
date of any special assessment shall be fixed by the Board.
10

Section 4. Capital Contribution. Each Owner of a Lot shall be assessed an
amount of $200.00 for start-up costs which shall be designated a Capital Contribution to
the Association. If any adjoining Lots are combined at the time of closing as provided in
Article 1, Section 1, the Owner of such Lot shall be assessed one (1) Capital Contribution.
The Capital Contribution shall be collected and transferred to the Association only once for
each Lot, at the time of the closing of the initial sale of each Lot by the Declarant. The
Capital Contributions so collected shall be maintained in a separate account for the use and
benefit of the Association and shall be used to pay expenditures (including but not limited
to funding the Association's maintenance obligations), funding reserves, or to acquire
additional property, equipment or services deemed necessary or desirable by the Board of
Directors. All sums paid as Capital Contributions are in addition to and not in lieu of
regular assessments for common expenses.
Section 5. Annual Assessments. The Annual Assessments provided for in this
Article VHI shall commence upon the closing of each Lot. The Assessments shall be payable
in advance in annual installments unless approved otherwise, in writing, by the Board of
Directors. The annual assessment amount may be changed at any time by said Board from
any other assessment that is adopted. The annual assessment shall be for the calendar year
and shall be due at such time as prescribed by the Board. Any proration of the Annual
Assessment due to the transfer of a Lot shall be due at closing and shall be equivalent to
a proration of the number of full months remaining in the year.
Section 6. Duties of the Board of Directors. The Board of Directors of the
Association shall fix the due date of commencement and the amount of the assessment
against the Lots subject to the Association's jurisdiction for each assessment period at least
thirty (30) days in advance of such date or period, and shall, at that time, prepare a roster
of the properties and assessments applicable thereto which shall be kept in the office of the
Association and shall be open to inspection by any Owner. Any increase in the Annual
Assessment applicable to the Lots which is less than an increase of thirty (30%) percent
over the immediately preceding year's assessment may be made by the Board of Directors
without the consent or approval of the Members and any such increase that exceeds thirty
(30%) percent, excluding insurance, reserves, utilities and Acts of God, shall be effective
only if approved by not less than sixty seven (67%) percent of the Voting Members
representing votes appurtenant to each Class of Membership (Class I and Class II). Written
notice of assessment shall be sent to every Owner subject thereto. The Association shall,
upon demand made by the Owner at any time, furnish to any Owner liable for an
assessment a certificate in writing signed by an officer of the Association, setting forth
whether such assessment has been paid as to any particular Lot. Such certificate shall be
conclusive evidence of payment of any assessment to the Association therein stated to have
been paid. The Association shall, through the action of its Board of Directors, have the
power, but not the obligation, to enter into an agreement or agreements from time to time
with one or more persons, firms, or corporations for the management services of the
Association. The Association shall have all other powers provided in its Articles of
Incorporation and its By Laws.
Section 7. Effect of Nonpayment of Assessments; the Personal Obligation of
the Owner, the Lien, Remedies of the Association. If any assessments are not paid when
11

due (being the date specified in Section 5 hereof), then such assessment shall become
delinquent and shall, together with the maximum allowable interest by law and the cost
of collection thereof as hereinafter provided, thereupon become a continuing lien on the
property which shall bind such property in the hands of the then Owner, his heirs,
devisees, personal representatives, successors, and assigns. Every Purchaser of a Lot shall
be required to determine the status of the Lot Assessment at the time of purchase and
hereby agrees to have assumed any and all outstanding assessment(s) not paid by the
Seller at the time of closing. Any assessment not paid when due shall be delinquent and
said assessment shall bear interest from the date which due at the maximum allowable rate
of interest and the Association may bring an action at law against the Owner personally
obligated to pay the same and/or may record a claim of lien against the property on which
the assessment is unpaid, or may pursue one or more of such remedies at the same time
or successively, and there shall be added to the amount of such assessment such attorneys
fees and costs of preparing and filing the claim of lien and the complaint in such action,
and in the event a judgment is obtained, such judgment shall include interest on the
assessment as above provided and a reasonable attorneys' fee to be fixed by the court
together with the costs of the action, and the Association shall be entitled to attomeys' fees
in connection with any appeal of any such action. The Board may, in its sole discretion,
waive the imposition of interest as to any delinquent assessment. The Board may bring an
action at law against the Owner personally obligated to pay any assessments and interest
or foreclose the lien created herein in the same manner as prescribed by the laws of the
State of North Carolina for the foreclosure of deeds of trust. In the event of such action
at law and in the further event that such action results in a judgment being entered against
the Owner and in favor of the Association, then the Association shall be further empowered
to execute on that judgment in such manner and to the extent provided and permitted by
the laws of the State of North Carolina.
The lien of the assessments provided for herein on any Lot shall be
subordinate to the lien of any mortgage or deed of trust representing a first lien on such
Lot in favor of any bank, savings and loan association, insurance company or similar
financial institution for the financing of construction or acquisition of improvements upon
such Lot or for the refinancing of such Improvements now or hereafter placed upon any
Lot, provided that such fast mortgage or deed of trust was recorded before the delinquent
assessment was due. Sale or transfer of any Lot shall not affect the assessment lien,
provided, however, that the sale or transfer of any Lot pursuant to a decree of foreclosure
on a deed of trust or mortgage thereon or any proceeding in lieu of foreclosure thereof,
shall extinguish the lien of such assessments as to payments which became due prior to
such sale or transfer. No sale or transfer shall relieve such Lot from liability or liens arising
from assessments thereafter becoming due. Any portion of the Common Areas or
Properties dedicated to, and accepted by, a local public authority may be exempt from the
assessments created herein in the sole discretion of the Board; provided, however, no land
or improvements restricted to use as a Lot shall be exempt from such assessments except
as otherwise provided for herein.
In addition to the rights of collection of assessments stated in this Section 7,
the Owner and all persons acquiring the title to or an interest in a Lot as to which the
assessment is delinquent, including, without limitation, persons acquiring title by operation
`Fa

of law and by judicial sales, shall not be entitled to the enjoyment and use of recreational
facilities, if any, or to vote upon Association matters until such time as all unpaid and
delinquent assessments due and owing from the selling Owner have been fully paid and the
account of the purchasing Owner are similarly satisfied. It shall be the duty, obligation,
and responsiblity of the Association to enforce payment of all assessments hereunder in
a timely fashion
Section 8. Access During Reasonable Hours. For the purpose solely of
performing the maintenance authorized by this Article, including without limitation all of
the maintenance and work permitted under Section 2 of this Article, the Association alone
or through its duly authorized agents or employees or independent contractors, shall have
the right, to enter upon any Lot at reasonable hours or at any time in case of emergency.
Such entry shall not be deemed a trespass.
Section 9. Effect on Declarant. Notwithstanding any provision that may be
contained to the contrary in the instrument, for as long as the Declarant is the Owner of
any Lot in the Properties, including those Lots acquired by Subsequent Amendment, the
Declarant shall not be liable for any assessments against such Lot, provided that the
Declarant funds any deficit in the annual operating expenses of the Association. Declarant
may at any time and its sole discretion commence paying such assessments as to Lots that
it owns and thereby automatically terminate its obligation .to fund any and all deficits of
the Association and be due a refund for any payment in excess of its per lot election. The
Declarant shall have the right to select its method of payment on an annual basis after
being provided an annual budget by the Association. Such budget shall be prepared by the
Association assuming the Declarant will pay on a per lot basis although it is not obligated
to do so under the terms of this Section 9.
Section 10. Exempt Property. The following property, individuals,
partnerships or corporations, subject to this Declaration, shall be exempted from each and
every assessment, charge and lien created herein:
(a) The grantee(s) in conveyances made for the purposes of granting road,
access, ingress, drainage, water, sewer, utility, cable television or security system
easements, or other easements for common purposes.
(b) The Declarant as to any unsubdivided land and/or Units owned by the
Declarant.
Section 4 of Article VIII of this Declaration shall not apply to conveyances from the
Declarant to any Designated Builder nor to conveyances from any Designated Builder to
the Declarant, neither of which conveyances shall be deemed to be a "sale" within the
meaning of Section 4 of Article VIII of this Declaration. Any reconveyance from a
Designated Builder to another party (other than the Declarant) shall be deemed to be a
"sale" within the meaning of Section 4 of Article VIII of this Declaration.
13

ARTICLE DL - ARCHITECTURAL REVIEW
Except for any improvements or construction made by the Declarant on any
Lot or upon any other area of the Properties, which shall be exempt from the provisions
of this Article IBC, no building, wall, fence, ornamentation, structure, or improvements of
any nature shall be erected, placed, or altered on any Lot until plans and specifications
showing the same together with the location and landscaping improvements and/or
changes as may be required by the Architectural Review Board have been approved in
writing by the Architectural Review Board. Each of the above referenced items may only
be placed and/or changed in accordance with the plans as approved by the Architectural
Review Board. Refusal of approval may be based on any grounds, including purely
aesthetic grounds, which in the sole and uncontrolled discretion of said Architectural
Review Board seem sufficient. Any change in the appearance of any building, wall, fence,
or other structure or improvements and any change in the appearance of the landscaping,
shall be deemed an alteration requiring approval. The Architectural Review Board shall,
subject only to any provisions of this Declaration to the contrary, hereby be deemed to
have the power to establish such rules and regulations at it deems necessary to carry out
the provisions and intent of this paragraph. Provided however that any rules, regulations,
and/or fees established by the Architectural Review Board may not take effect until
approved by the Board of Directors of the Association. The Architectural Review Board
shall be annually appointed by the Declarant for as long as the Class II membership exists.
At such time as the Class II membership expires, the Architectural Review Board shall be
annually appointed by the Board of Directors of the Association with the Chairman of the
Architectural Review Board being appointed by the President of the Association. A
majority of the Architectural Review Board may take any action said Board is empowered
to take, may designate a representative to act for the Architectural Review Board, and may
employ personnel and consultants to act for it in whole or in part. In the event of a
vacancy on the Architectural Review Board by death, disability, resignation by any member
the remaining members shall have full authority to designate a successor. The members
of the Architectural Review Board shall be entitled to reimbursement for expenses incurred
by any of them for services rendered subject to the approval of the Chairman of the
Architectural Review Board and the Board of Directors of the Association. The members
of the Architectural Review Board shall not be entitled to any compensation for service
provided outside of reimbursement of actual expenses incurred, subject to the approval of
the Board of Directors of the Association. The Architectural Review Board shall act (in
writing) on any and all submissions to it within thirty (30) days after receipt of the same
and receipt of any required fees as herein provided or else the submission shall be
considered approved. Provided however, that no submissions of any nature, whatsoever,
shall be considered approved should there exist any delinquency of assessments on the part
of the Owner of the Lot on which the plans are submitted. All requests and submissions
shall be in such form and contain such information as the Architectural Review Board may
require prior to its being required to act. The Architectural Review Board may establish
a fee to cover the expense of reviewing the plans and related information at the time the
plans are submitted for review in order to compensate any consulting professionals,
including but not limited to, architects, landscape architects, urban designers, and/or
attorneys. The Architectural Review Board may adopt guidelines for the review of
residence plans and specifications, subject to confirmation by the Board of Directors of the
14

Association. Those guidelines, if reduced to writing, shall not in any way constitute the
sole guidelines for the construction of a residence. An Owner ruled upon has the right to
appeal the decision of the Architectural Review Board to the Board of Directors of the
Association provided that all parties involved comply with the decision of the Architectural
Review Board until such the decision of such appeal had been made by the Board of
Directors of the Association. Appeals must be legibly written, state the grounds for the
appeal and be submitted to the Association or its designee within ten (10) days of the date
of the notification of the Architectural Review Board. The Board of Directors shall act
upon the appeal by amending, reversing, or confirming the decision of the Architectural
Review Board within thirty (30) days of receipt of appeal petition. The Board of Directors
decision shall be by majority vote and any Owner must exhaust this avenue of appeal prior
to resorting to a court of law or equity for relief. No Owner, tenant, guest, invitee, or
other person shall occupy a residence within the Properties until the residence has passed
the final inspection of the Architectural Review Board or the owner has gained written
permission of the Architectural Review Board that permission to occupy has been granted
in advance of, but not in lieu of, their final inspection. A grant of occupancy prior to final
inspection may be made by the Architectural Review Board when, in its sole discretion, the
aesthetic nature of the property per the plans and specifications previously approved has
been substantially complied with. Such grant of occupancy shall carry the signature of the
Chairman of the Architectural Review Board and shall contain a date of final compliance
with the plans and specifications. The owner of the lot shall sign the grant of occupancy
and the same shall be considered an agreement between the Association and the Lot Owner
that the Owner will complete the improvements to the lot on or before the compliance date
so specified. This provision shall apply to the initial construction of a residence and not
the remodeling thereof. The Architectural Review Board, subject to confirmation by the
Board of Directors of the Association, shall have the right to establish and collect from the
Owner and/or Contractor of a residence performance bond(s) to insure the completion of
a residence in a timely, efficient, and workmanlike manner. Those performance bonds shall
be held in trust pending the completion of the residence by the Treasurer of the Association
and shall not be released until all of the requirements of construction, per the plans and
specifications previously approved, have been completed and a final inspection letter or
certificate issued to the Owner by the Architectural Review Board. In the event that an
Owner or Contractor does not complete the residence improvements or fails to do so within
the established time frame allowed by the Architectural Review Board, said bond(s) may
be partially or wholly seized and used to offset the cost of any damage done to adjacent
lots or to the common area, penalties, and/or to complete the lot improvements, subject
to the confirmation by the Board of Directors of the Property Owners Association. Any and
all interest accruing on performance bond(s) shall belong to the Association. The paint,
stain, coating, and any other exterior colors and materials shall be :maintained on all
buildings by the owner thereof as that originally approved by the Architectural Review
Board without the subsequent approval of the Architectural Review Board. Any change in
exterior color or materials shall be deemed a change requiring approval.
ARTICLE X. - USE RESTRICTIONS
Section 1. Land Use. Except for areas designated by the Declarant for
commercial use, all Lots shall be used for residential purposes only. Declarant may
15

a
maintain sales offices, information centers, models, property management offices, design
center offices, and construction offices upon any Lot owned by it and/or upon the Common
Area until all Lots to be located on the Properties and any additions thereto have been sold.
No Lot may be subdivided or its boundaries changed where the result would be a decrease
in the size of any Lot without the prior written consent of the Decla =t. In the event that
an owner combines two (2) or more adjoining Lots for the purpose of constructing a single
residence thereon, from that date forward, the resulting Lost shall not be subdivided or its
boundaries changed so as to result in a decrease in the size of the combined Lot without
the written permission of the Declarant.
Section 2. Nuisance. No noxious, illegal, or offensive activities shall be
conducted upon any Lot or in any dwelling nor shall anything be done thereon or therein
which may be or may become an annoyance or nuisance to the neighborhood. The
determination of noxious, offensive, annoyance, and/or nuisance shall be in the sole and
uncontrolled discretion of the Board of Directors, its agents, or assigns. This section,
however, shall not be construed as to grant permission for the Association to enter upon
any lot or into any dwelling without the permission of the owner except in the case of
emergency or as otherwise provided for in this Declaration.
Section 3. Pets. Owners may keep as pets only companion pets such as
birds, domesticated cats, fish, dogs, and other small mammals. No Owner shall keep exotic
cats, nonhuman primates, insects, horses or other farm livestock or zoo type animals on
the Property. Pets must be on a leash or otherwise restrained when on Common Property.
Pets are not allowed on Golf Course Property. It shall be the Owner's obligation to safely
dispose of waste material from pets. The Board of Directors of the Association and/or the
Declarant shall have the right to order the removal of any pet which, in either of their
discretion, is considered a nuisance, and the same shall be done without compensation to
the Owner. In such event, the Board shall give written notice to the pet owner, and the
pet shall immediately thereafter be permanently removed from the Property. An
unrestrained pet on Common Property or on a lot of another Owner shall be considered
a nuisance. Failure to clean the waste material from a pet shall be deemed a nuisance.'
Section 4. Gardens. No fruit or vegetable gardens or combination thereof
may be planted or the ground prepared for planting without the express written consent
of the Architectural Review Board.
Section S. Temporary Structures. No structure of a temporary nature shall
be erected, placed, or allowed to remain on any lot unless and until written permission for
the same has been granted by the Architectural Review Board, or its designated agent or
representative.
Section 6. Use of Common Area. The Common Area shall not be used in a
any manner except as shall be approved or specifically permitted by the Association.
Section 7. Access to Lot. In addition to easements granted elsewhere, the
Association, its agents or employees shall have access to all Lots from time to time during
reasonable working hours, upon oral or written notice to the owner, as may be necessary
Fr-1

for the maintenance, repair or replacement of any portion of the Common Area, or facilities
situate upon such Lot which serve another Owner's Lot. The Association or its agent shall
also have access to each Lot at all times without notice as may be necessary to make
emergency repairs to prevent damage to the Common Area, that Lot, or another Lot.
Section 8. Recreational Vehicles, Boats, Trailers, Commercial Vehicles. No
campers, recreational vehicles, trailers, boats, motorbikes, motor cycles, tractors, or other
vehicles designated or designed as commercial type vehicles either by signs thereon or
licensing may be parked or kept within the properties unless parked within an enclosed
garage or in an area specifically designated by the Association for such use and subject to
the rules of the Association. Neither the Association nor Declarant is obligated to provide
such area(s). If a question arises regarding the applicability of this Section 8 to a
particular vehicle, the determination of whether that vehicle is subject to this provision
shall be that of the Board of Directors of the Association.
Section 9. Signs. No signs or other advertising devices shall be displayed
upon any Lot, Common Area, or any structure thereon without the prior written permission
of the Association. Declarant, however, may post "For Sale" or other marketing related
signs on the Properties until such time as all Lots owned by Declarant have been sold.
Except for signs placed by the Declarant, any sign placed with the permission of the
Association must be in a form and contain wording or verbiage as approved by the
Association or its designee. Any sign or advertising device placed upon a Lot or the
Common Areas without the prior written permission of the Association shall be subject to
removal by the Association without prior notification to the Owner thereof. Any expense
incurred by the Association for removal shall be that of the Owner and shall, if not paid,
constitute alien against the Owner thereof.
Section 10. Mailboxes. No mailbox may be placed upon any Lot or any of
the Common Area until it has been approved by the Architectural Review Board. Any
mailbox or any structure placed upon the Common Areas or Lot without the prior written
permission of the Architectural Review Board shall be subject to removal by the Association
without prior notification to the Owner thereof. Any expense incurred by the Association
for removal shall be that of the Owner and shall, if not paid, constitute alien against the
Owner thereof. The Board of Directors of the Association may, in its sole and uncontrolled
discretion, adopt a common mailbox area for the properties or any section or neighborhood
thereof. Any owner with an individual mailbox shall remove his/her mailbox once notified
by the Association of the establishment of a common mailbox area that includes his
delivery area.
Section 11. Garbage Disposal. At the time of the construction of a residence
all garbage and debris from a Lot or residence thereon shall be safely stored within the
garage of each residence until properly disposed. No trash, ashes, garbage, or other refuse
shall be accumulated, dumped, stored, or allowed to remain on any lot either prior to or
after the construction of a residence. No burning of garbage shall be allowed on the
Properties except minor burning of construction debris during the construction of a
residence. No noxious or offensive odors shall be allowed exit from any garage area where
garbage is stored. If the public health authorities, other public agency, or the Association
17

shall require a specific method of garbage disposal, nothing herein contained shall prevent
the compliance by Owners with such rules and regulations.
Section 12. Antennae and Satellite Dishes. No exterior television antennae,
radio antennae, or receptacle devices, including but not limited to "satellite dishes," shall
be permitted upon any Lot without the express written consent of the Architectural Review
Board. The Declarant, its successors and assigns, may locate such facilities upon the
Common Areas.
Section 13. Regulations. Reasonable regulations governing the use of the
Common Areas shall be promulgated by the Declarant and may be amended from
time -to -time by the Board of Directors of the Association. The Association shall maintain
a "Book of Regulations" containing any rules, regulations, or resolutions duly approved by
the Board for the governance of the Association which are not contained in these
restrictions, the Bylaws, or any amendments thereof. Copies of such regulations shall be
furnished to each Owner by the Association upon request at the expense of the Owner.
Section 14. Fences. No chain link fences shall be permitted on any Lot or
any part thereof. No fence, wall, or similar structure of any kind shall be located upon any
lot or any part thereof without the prior written permission of the Architectural Review
Board. Except as otherwise provided for herein the Architectural Review Board and/or the
Association shall not prohibit the location of a fence if the same is required by
governmental authorities although they may exercise reasonable authority in the design
work of the same. As stated in Article Vt., Section 5, no fences are permitted on any Golf
Course Maintenance Easement Area except as may be required by governmental authorities.
Section 15. Vehicle Storage. No inoperative vehicle or vehicle in a state of
noticeable disrepair (stripped, partially wrecked, junked, etc.) shall be kept or stored upon
any Lot or Common Area nor may any repair work be done to any motor vehicle, boat,
trailer, or likewise upon any Lot or Common Area except for very minor repair work or
cleaning.
Section 16. Parking. Each Owner shall provide paved space for off-street
parking. There shall be no parking upon any unpaved area. No parking shall be allowed
upon the Common Areas except as may be provided by the Association.
Section 17. Water and Sewer Systems. No individual water system may be
installed upon any Lot with the exception of lawn irrigation systems. No individual
sewerage or septic system maybe installed upon any Lot without the permission of the
Architectural Review Board and any applicable governmental authority. Provided however,
that permission for an individual sewerage system (septic type) shall be herein granted if
access to a public system has not been provided by the Declarant, its successors and
assigns, or by the Association. Water for Lot irrigation may only be taken from wells or
public lines and may not be diverted or taken from ponds, lakes, or any other source
without the prior written permission of the Association. Nothing contained herein,
however, shall preclude the Declarant or Association from using such areas for the purpose
of irrigation of the Common Areas.
18

Section 18. Drilling or Mining Operations. No drilling of oil, oil development
operations, oil refining, or similar drilling, or mining operations of any kind shall be
permitted under or upon any Lot, nor shall oil wells, tanks, tunnels, mineral excavations
or shafts be permitted upon any Lot. No derrick or other structure designed for boring
shall be permitted to be erected or maintained upon any Lot. Provided however, nothing
in this section 18 shall prohibit an Owner from drilling a well for the purpose of Lot
irrigation as provided for in Section 17 of this Article X. Storage tanks for water and/or
tanks for fuel for residence comfort shall be allowed provided they are buried in the ground
or located within the residence or its garage. This allowance shall not be construed as to
permit the storage of any substance not intended for the comfort of the occupants of a
residence.
Section 19. Lighting. No mercury vapor or similar lighting of the kind used
by public authorities for street type lighting shall be permitted on any lot without the prior
written consent of the Architectural Review Board, which may decline permission in its sole
discretion and may, but shall not be obligated to, consider the feelings of any adjoining lot
owners.
Section 20. Trees. Except as approved by the Architectural Review Board
in writing, no tree greater than five (5') inches in diameter shall be cut, removed, or
intentionally damaged unless such tree interferes with the construction of improvements,
is dead or diseased, or presents a hazard to persons and/or property.
Section 21. Erosion Control. Each Owner shall be responsible for protecting
such Owner's lot against soil erosion and/or sediment run off onto other lots, Common
Areas, any waterway, or any roadway. Each Lot Owner shall take actions as necessary to
prevent erosion during construction including, but not limited to, silt fencing or similar
device. Erosion control devices must be in a form and manner approved by the
Architectural Review Board. Any erosion control devices installed upon any lot shall be
removed prior to occupancy of said residence. Therefore, landscaping plans for each lot
shall take into account that erosion control devices are temporary in nature and plan
accordingly landscaping that will not contribute to lot erosion of that lot or adjacent areas.
Section 22. Tenants, Lessees, Renters, Boarders. No residence shall be
rented to or leased by any person except those residences rented by an Owner. No
residence may be rented or leased for a period of less than twelve (12) consecutive months.
It is the intention of this Section 22 to prohibit subletting of rooms within a residence or
the occupancy of less than the entire residence by boarders or tenants that occupy via
monetary compensation to the Owner, any portion of a residence less than the entire
residence, including any garage or storage areas. Any Owner leasing his residence shall
submit a signed statement to the Association certifying the name(s) of the lessee, the
mailing address of the lessee, and the beginning and ending dates of the lease within thirty
(30) days of occupancy of the lessee or within thirty (30) days of execution of the lease,
whichever shall come fast. No renting or leasing of a Lot on which there is no residence
shall be permitted. It shall be the responsibility of each Owner leasing a residence to
provide the lessee therein a copy of all rules and regulations of the Association as well as
a copy of this Declaration of Restrictions and Protective Covenants and any amendments
19

thereto. Upon such Owner's failure to do so the Association, at its sole option upon
providing fifteen (15) days written notice to the Owner at such Owner's last known
address, may provide a copy of said materials to the lessee and may charge the owner for
the preparation and delivery thereof. Fines levied against a tenant for violations of this
Declaration or rules or regulations of the Association shall be due and payable from the
Owner and shall be a lien on the Owner's Lot if not paid to the Association in a timely
manner.
Section 23. Minimum Living Area Requirements. The Living Space of the
main structure of any Unit shall not be less than the minimums established by the
Declarant on Exhibit "B" attached hereto or by separate supplement to this Declaration.
Section 24. Outdoor Elements. No clothes lines, clothes poles, or similar
equipment shall be allowed on any Lot. Any outdoor recreational equipment shall be
approved by the Architectural Review Board prior to placement. Any pumps, storage tanks,
or similar devices shall be located within the garage of the residence or underground. All
utility services shall be contained underground.
Section 25. Access. There shall be no access allowed to any Lot within the
Properties except that access provided by designated roadways within the Properties, and
no Lot shall be accessible to Ocean Harbour Drive except by other roadways.
Section 26. Stormwater Runoff. -'c more 5,&-00 square feet of any lot
shall be directly covered with an impervious surface. T 'his covenant is intended to insure
continued compliance with stormwater runoff rules as adopted by the State of North
Carolina and therefore the benefits of this Section 26 may be enforced by the State of
North Carolina, a duly appointed agency thereof, the Declarant, or the Association.
Section 27. Prohibition }against 'Time Sharing' Use. No Lot or structure
shall be "time shared", nor shall any Lot or structure be owned, used or operated in
violation of the North Carolina Time Share Act, N.C.G.S. §§93A 39 et s_q. as the same may
be amended from time to time, nor shall any Lot or structure be owned, used or operated
so as to constitute such Lot or structure as a "time sharing unit" required to be registered
within the meaning of such statutory provisions.
ARTICLE XI. - EASEMENTS AND SETBACKS
Section 1. Easements for the installation and maintenance of driveway,
walkway, parking area, water line, gas line, telephone, cable television, electric power line,
sanitary and/or storm sewer drainage facilities, surface water drainage, and for other utility
installations are reserved as outlined on the recorded plat and/or may be granted by the
Declarant, its successors and assigns over any property owned by either of them, and the
Association may reserve and grant additional easements for the installation and
maintenance of the aforementioned utilities, or other necessary purposes, over and across
any Common Area. Within any such easements above provided for, no structure, planting,
or other material shall be placed or permitted to remain which may interfere with the
installation of said utilities or which may change the direction of flow or drainage
20

channels in the easements or which may obstruct or retard the flow of water through
drainage channels in the easements. In addition the Association shall have the continuing
right (but not obligation) and easement to maintain all sewer and water lines located on
any Lot as well as to direct the flow of surface water drainage along easement areas.
Section 2. Declarant further reserves unto itself, the Association, their
respective successors and assigns, a perpetual, alienable and releasable easement and right
on, over, and under the ground upon any Lot to erect and/or maintain, in any manner, all
items as outlined by section 1 above. Said easements shall be ten (10) feet along either
side of all Lot lines. Any entry upon a Lot or use of these easement areas, within these
granted easement areas, by the Declarant or the Association, their successors, duly
appointed representatives, and/or assigns, shall not be deemed a trespass.
Section 3. Building Setbacks. Building Setback areas, over which no
residence or other building or above -ground structure may be erected, shall be established
by the Declarant for each Lot. Such setbacks shall be evidenced on a plat which is duly
recorded in the appropriate governmental office in Brunswick County, North Carolina.
Until such time as the first Lot within a phase or section is sold the Declarant shall have
the right and privilege to modify any and/or all of the building setbacks on any and/or all
of the lots within that phase or section subject to the jurisdiction of the appropriate
governmental authorities. Each Residence or other structure which shall be erected on any
Lot shall be situated on such Lot in accordance with the building and setback requirements
of any applicable zoning ordinances.
ARTICLE xQ. - INSURANCE AND CASUALTY LOSSES
Section 1. The Association's Board of Directors ("the Board"), or its duly
authorized agent, shall have the authority to and shall obtain blanket all-risk insurance, if
reasonably available, for all insurable improvements to or on the Common Area. If blanket
all-risk insurance coverage is not available then at a minimum an insurance policy
providing fire and extended coverage shall be obtained. This insurance, if practical, shall
be in an amount sufficient to cover one hundred (100%) percent of the replacement cost
of any repair or reconstruction in the event of damage or destruction from any insured
hazard within the Common Areas.
The Board shall also obtain a public liability policy covering the Common
Area, the Association and its members for all damage or injury caused by the negligence
of the Association or any of its Members or agents. If reasonably available, at the
discretion of the Board, the public liability policy shall have at least a One Million
($1,000,000.00) Dollar single person limit with respect to bodily injury and property
damage, a Three Million ($3,000,000.00) Dollar limit per occurrence, and a One Million
($1,000,000.00) Dollar minimum property damage limit.
The Board shall also obtain a policy protecting its officers and directors from
liability and every director and officer of the Association shall be indemnified by the
Association against all expenses and liabilities, including attorney's fees, reasonably
incurred by or imposed upon him/her in connection with any proceeding to which he/she
21

1
may be a party, or in which he may become involved, by reason of his being or having
been a director or officer of the Association, whether or not he/she is a director or officer
at the time such expenses are incurred, except in such cases wherein the director or officer
is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties;
provided, that in the event of any claim for reimbursement or indemnification herein shaL'
only apply if the Board of Directors approves such settlement and reimbursement as being
in the best interest of the Association. The foregoing right of indemnification shall be in
addition to and not exclusive of any and all other rights to which such director or officer
may be entitled.
In addition to the other insurance required by this section, the Board shall
have the full authority to obtain, as a common expense, worker's compensation insurance,
and should it deem necessary, a fidelity bond or bonds on directors, officers, employees,
and other persons handling or responsible for the Association's funds. The appropriate
amount of fidelity coverage shall be determined in the directors best judgement. Bonds
shall contain a waiver of all defenses based upon the exclusion of persons serving without
compensation and may not be canceled or substantially modified without at least thirty
(30) days prior written notice to the Association. The Board shall have the authority to
obtain additional insurance, as a common expense, as it deems necessary, toward
protecting the Association, its officers and/or its directors from liability. Premiums for all
insurance purchased by the Association shall be paid for by and included in the Assessment,
as described in Article VIII, Section 2. All insurance coverage obtained by the Board of
Directors shall be written in the name of the Association as Trustee for the respective
benefitted parties, as further identified in (b) below. Such insurance shall be governed by
the provisions hereinafter set forth:
(a) All policies shall be written with a company licensed to do business in
North Carolina holding a Best's rating of A or better and assigned a financial size category
of XI or larger as established by the A.M. Best Company, Inc. If such a rating becomes
unavailable the most nearly equivalent rating shall be used.
(b) All policies on the Common Area shall be for the benefit of Owners and
their Mortgagees as their interests may appear.
(c) Exclusive authority to adjust losses under policies in force on the
Properties obtained by the Association shall be vested in the Association's Board of
Directors; provided, however, no mortgagee having an interest in such losses may be
prohibited from participating in the settlement process, if any, related thereto.
(d) In no event shall the insurance obtained and maintained by the
Association be brought into contribution with insurance purchased by individual Owners,
occupants, or their mortgagees.
(e) All casualty insurance policies shall have an inflationguard endorsement,
if reasonably available.
22

(f) The Association's Board of Directors shall be required to make every
reasonable effort to secure insurance policies that will provide for the following:
(i) a waiver of subrogation by the insurer as to any claims against the
Association`s Board of Directors, its manager, the Owners, and their respective tenants,
servants, agents, and guests;
(ii) a waiver by the insurer of its rights to repair, and reconstruct,
instead of paying cash;
(iii) that no policy my be canceled, invalidated, or suspended on
account of any one or more individual Owner;
(iv) that no policy may be canceled, invalidated, or suspended on
account of the conduct of any Director, Officer, or Employee of the Association or its duly
authorized manager without prior demand in writing delivered to the Association to cure
the defect and the allowance of a reasonable time thereafter within which the defect may
be cured by the Association, its manager, any Owner, or mortgagee;
(v) that no policy may be canceled or substantially modified without
at least thirty (30) days prior written notice to the Association.
Section 2. Individual Insurance; Obligation to Repair or Reconstruct. By
virtue of taking title to a Lot subject to the terms of this Declaration, each owner covenants
and agrees with all other Owners and with the Association that each Owner shall carry
blanket all-risk property and casualty insurance on his property and any structures
contained thereon. Each owner further covenants and agrees that in the event of a partial
loss or damage and destruction resulting in less than total destruction of the structures
upon his Lot, the Owner shall proceed promptly to repair or to reconstruct the damaged
structure(s) in a manner consistent with the original construction as approved by the
Architectural Review Board unless otherwise approved by the Architectural Review Board.
In the event. that the structure is totally destroyed and the Owner determines not to repair
or to reconstruct, the Owner shall clear the Lot of any and all debris and return it to the
natural state in which it existed prior to the beginning of construction within ninety (90)
days of the date of the destruction.
Section 3. Disbursement of Proceeds. Proceeds of insurance policies shall
be disbursed as follows:
(a) If the damage or destruction for which the proceeds are paid is to be
repaired or reconstructed, the proceeds, or such portion thereof as may be required for
such purpose shall be disbursed in payment of such repairs or reconstruction as hereinafter
provided. Any proceeds remaining after defraying such costs of repairs or reconstruction
to the Common Area or, in the event no repair or reconstruction is made, after making
such settlement as is necessary and appropriate with the affected Owner or Owners and
their mortgagee(s), if any, shall be retained by and for the benefit of the Association and
23

placed in a capital improvement account. This is a covenant for the benefit of the
mortgagee of a structure and may be enforced by such mortgagee.
(b) If it is determined, as provided for in Section 4 of this article, that the
damage or destruction to the Common Area for which the proceeds are paid shall not be
repaired or reconstructed, such proceeds shall be disbursed in the manner provided for
excess proceeds in Section 3(a) of this Article XQ.
Section 4. Damage and Destruction.
(a) Immediately after the damage or destruction by any casualty to all or any
part of the Properties covered by insurance in the name of the Association, the Board of
Directors, or its duly authorized agent, shall proceed with the filing and adjustment of all
claims arising under such insurance and obtain reliable and detailed estimates of the cost
of repair or reconstruction of the damage or destroyed Properties. Repair or
reconstruction, as used in this paragraph, means repairing or restoring the Properties to
substantially the same condition in which they existed prior to the casualty.
(b) In the event that it shall be determined by the Board of Directors that
the damage or destruction shall not be repaired or replaced and no alternative
improvements are authorized, than an in that event the affected portion of the Properties
shall be restored to its natural state and maintained by the Association in a neat and
attractive manner. In no event shall a mortgagee have the right to participate in the
determination of whether the Common Area or any structure thereon damaged or
destroyed shall be repaired or reconstructed.
Section S. Repair and Reconstruction. If the insurance proceeds paid are not
sufficient to repair or reconstruct the damage or destruction then the Board of Directors
shall have the authority, without the approval of the membership, to levy a special
assessment against all owners equally for the purpose of making up the difference in the
insurance proceeds and the amount necessary to repair or reconstruct the damage or
destruction. If, however, the damage or destruction shall not be repaired or replaced then
no such assessment shall be allowed without approval of at least fifty one (51%) percent
of the members of the Association, in person or by proxy, at a meeting duly called for such
purpose.
ARTICLE X M. - NO PARTITION
Except as permitted in this Declaration or any amendment hereto, there shall
be no physical partition of the Common Area or any part thereof, nor shall any person
acquiring any interest in the properties or any part thereof seek any such judicial partition,
unless the Properties have been removed from the provisions of this Declaration. This
article shall not be construed to prohibit the Board of Directors from acquirhng and/or
disposing of tangible personal property not from acquiring title to real property which may
or may not be subject to this Declaration.
24

ARTICLE XIV. - RULES AND REGULATIONS
Section 1. Compliance by Owners. By virtue of taking title to a Lot subject
to these restrictions and covenants, every Owner shall comply with the restrictions and
covenants set forth herein and any and all rules and regulations which from time to time
may be adopted by the Board of Directors of the Association.
Section 2. Enforcement. Failure of an Owner to comply with such
restrictions, covenants, and/or rules and regulations shall be grounds for action which may
include, without limitation, an action to recover sums due for damages, injunctive relief,
or an combination thereof. Failure of the Association to enforce any restriction, covenant,
and/or rules and regulations at any point in time shall not be deemed a waiver of the right
of the Association to do so thereafter.
Section 3. Fines. In addition to any and all other penalties or remedies
available to the Association, the Board of Directors of the Association in its sole discretion,
shall have the right to impose a fine or fines upon an Owner for failure of an Owner, his
family member, guest, invitee, tenant, or employee(s) to comply with any covenant,
restriction, rule or regulation, provided the following procedures are adhered to on the part
of the Association:
(a) Notice: The Association shall notify the Owner of the infraction.
Included in the notice the Association shall list; 1) the infraction, 2) a copy of this Article
MV, 3) the proposed fine for the infraction, and 4) the date and time of the next meeting
of the Board of Directors. The notice shall also state that the Lot Owner(s) shall have the
right to appear before the board at the meeting stipulated in the notice to offer any
reason(s) the board should not impose the fine. Said notice shall be mailed or delivered
personally by the Board to the Owner's last known address at least fourteen (14) days
before the meeting date stipulated in the notice.
(b) Hearing: At the meeting stipulated by the Notice as provided for in
section (a) above, there shall be read a copy of the Notice to the Owner along with the
date the notice was mailed. The Board shall then give the Owner the opportunity to
present such Owner's reasons why the fine stipulated in the Notice should not be imposed.
The Board shall have the right, but not the obligation, to ask reasonable and pertinent
questions of the Owner or other interested parties towards determining truth and fairness.
The owner or other interested parties shall have the right to refrain from answering such
questions and such refrain shall not be taken by the Board or any other party as any
inference of guilt or innocence. The Owner shall have the right, but not Obligation, to ask
reasonable questions of any party offering information to the Board that pertain to the
issue at hand, as determined by the Chairperson of the Board hearing. Should the Owner
fail to appear at the hearing the Board shall use the information at its disposal in
determining whether or not a penalty should be imposed in accordance with the Notice.
No inference of guilt or innocence shall be presumed by the Board should an Owner fail
to appear at the hearing. The chairperson of the Board meeting shall make the
determination as to when to close the hearing. When closed, the Board shall immediately
enter into private or executive session to determine whether or not the fines stated by the
25

Notice should be imposed. The Board shall notify the Owner within fourteen (14) days
of the hearing date in the same manner as outlined in section (a) above of the decision of
the hearing. The Board shall not be obliged to render any reasoning for its decision to the
Owner or any other person. While the board may reduce or eliminate the penalty as
provided for by the Notice the decision of the Board shall not impose a greater penalty
than that stipulated in the Notice.
(c) Fines: The Board of Directors may levy the fines hereinafter described,
in the form of special assessments, against any Lot Owner found by the Board to have
committed an infraction of the restrictions, covenants, and/or rules and regulations of the
Association. Should the infraction involve the family, guest, tenant, or other invitee of an
Owner, the fine shall be levied against the Owner.
(1) First noncompliance or violation: a fine not to exceed one
hundred ($100.00) dollars.
(2) Second noncompliance or violation: a fine not to exceed five
hundred ($500.00) dollars.
(3) Third noncompliance or violation: a fine not to exceed one
thousand ($1,000.00) dollars.
(d) Payment of Fines: Fines shall be paid no later than thirty (30) days after
the date of a notice mailed to the violator stating the result of the hearing and imposition
of the fine.
(e) Collection of Fines: Fines shall be treated as special assessments subject
to the provisions for the collection of assessments as set forth in Article VIH. Each level
(first through third) of fines shall be cumulative and shall be treated as a separate special
assessment against the Lot Owner.
(f) Application of Fines: Monies received from fines shall be allocated in a
manner prescribed by the Board of Directors.
(g) Distinction: Each issue considered by the Board as an infraction shall
be treated separate and apart from each other issue. A Lot Owner shall be entitled to
separate Notice for each issue. The Board retains the right to hear multiple issues on any
given hearing date provided the Lot Owner has been given separate and proper Notice of
each issue to be heard.
(h) Deferment: A Lot Owner may ask the Chairperson of Board to Delay the
date for such Owner's hearing by no more than sixty (60) days. The Chairperson, in
his/her sole and uncontrolled discretion, may grant such deferment if he/she feels the same
is warranted. A deferment request must be in writing and delivered to the Chairperson of
the Board at least seven (7) days prior to the hearing date.
26

(i) Nonexclusive Remedy: Fines shall not be construed as to be the
Association's exclusive remedy against violators. Fines shall be construed to exist in
addition to all other rights and remedies to which the Association may be otherwise legally
entitled; however, any penalty paid by the offending Owner shall be deducted from or
offset against any damages which the Association may otherwise be entitled to recover by
law from an Owner.
ARTICLE XV. - MORTGAGEE AND FINANCING PROVISIONS
Section 1. Approval of Owners and First Mortgagees. Unless at least sixty
seven (67%) of the Owners and those entities holding first mortgages, as evidenced by
public record, grant their approval in person or proxy at a meeting duly called, the
Association shall not have the authority to:
(a) Change the method of determining obligations, assessments, dues, or
other charges which may be levied against a Lot Owner or the voting rights of the Owners.
(b) Change the responsibility for maintenance and repairs as may be
otherwise set out herein.
(c) Impose any restriction upon an Owner's right to sell such Owner's Lot
with the exception of duly placing liens upon an Owner's Lot in accordance with this
Declaration.
Section 2. Books and Records. Any Owner, holder, insurer, or guarantor of
a first mortgage on any Lot shall have the right to examine the books and records of the
Association, copies of the Declaration and any amendments thereto, By -Laws of the
Association, and any other Rules and/or Regulations of the Association during reasonable
business hours of the Association and upon written request. Any holder of a first mortgage
shall be entitled, upon written request, to a copy of the Association's financial statement
for the previous year.
Section 3. Payment of Taxes or Insurance Premiums. Any Owner or holder
of a first mortgage may, jointly or singly, pay taxes or other charges which are in default
and which may or have become a charge or lien against any Common Area of the
Association. Overdue insurance premiums for hazard insurance or premiums for new
hazard insurance for the Association may be similarly paid. Persons, firms, or other entities
making such payments shall be owed immediate reimbursement therefore from the
Association.
ARTICLE XVI. - LENDER'S NOTICES
Upon written request to the Association from any bona fide lender, holder,
guarantor, or insurer of any Lot within the Properties the Association shall provide a timely
written notice of any and/or all of the following:
27

(a) Any condemnation or casualty loss that affects either a material portion
of the project or the lot securing its mortgage or similar instrument.
(b) Any sixty (60) day delinquency in the payment of any assessments or
charges owed by the owner of any lot on which it holds the mortgage.
(c) A lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the owner's association.
(d) Any proposed action that requires the consent of a specified percentage
of the mortgage (or similar instrument) holders. The Association may, in its sole an
uncontrolled discretion, charge a fee for the preparation and mailing of the above materials
or any other materials required by any entity under this article with such charge being an
obligation of the requesting party.
ARTICLE XVII. - DECLARANTS RIGHTS
Any or all of the special rights and obligations of the Declarant may be
transferred to other persons or entities, provided that the transfer shall not reduce an
obligation nor enlarge a right beyond that contained herein, and provided further, no such
transfer shall be effective unless it is in a written instrument signed by the Declarant and
duly recorded in the Office of the Register of Deeds of Brunswick County, North Carolina.
Notwithstanding any provisions contained in the Declaration to the contrary,
so long as the sale of Lots shall continue by the Declarant or the Declarant's assigns, it
shall be expressly permissible for the Declarant to maintain and carry on upon portions of
the Common Area such facilities and activities as, in the sole opinion of the Declarant, may
be reasonably required, convenient, or incidental to the sale of such Lots, including, but
not limited to, business offices, signs, model units, and sales offices. The Declarant shall
have an easement for access to such facilities. The right to maintain and carry on such
facilities and activities shall include specifically the right to use residences owned (or
leased) by the Declarant, if any, and any which may be owned by the Association.
As long as the Declarant continues to have rights under this Article XVII, no
person or entity shall record any declaration of restrictions and protective covenants or
similar instruments affecting any portion of the Properties without the Declarant's review
and written consent thereto, and any attempted recordation without such compliance
herewith shall result in such declaration or similar instrument being void and of no force
and effect unless subsequently approved by recorded consent signed by the Declarant.
This Article XVII shall not be amended nor deleted by amendment to these
restrictions and protective covenants except by the Declarant; provided, however, the
rights contained in this Article shall terminate upon the expiration of the initial period of
this Declaration.
28

e
ARTICLE XVIH. - GENERAL PROVISIONS
Section 1. Severability. Invalidation of any one of these covenants or
restrictions; or anv section thereof, or any rule or regulation of the Association by
judgment or a court or court order shall in no way affect any other provisions which shall
remain in full force and effect.
Section 2. Term. The covenants and restrictions of this Declaration shall run
with and bind the land for an initial term of thirty (30) years from the date of this
Declaration after which time they shall automatically be extended for successive periods
of ten (10) years.
Section 3. Amendment. This Declaration may be amended by an instrument
signed by the Owners of not less than fifty one (51%) percent of the Lots, or as otherwise
provided for in this Section 3.
The Declarant, without the consent or approval of another, shall have the
exclusive right and privilege to amend this Declaration to conform to the requirements of
law or governmental agency having legal jurisdiction over the Property or to qualify the
property or any Lots and/or improvements thereon for mortgage or similar loans from any
source whatsoever. A letter from an official of any such governmental or lending agency
requiring an amendment as condition of approval, or suggesting an amendment, shall be
sufficient evidence of the approval of such amendment of such corporation of agency and
shall permit the Declarant to amend in accord with such letter.
No amendment shall tape effect until it is duly recorded in the office of the
Register of Deeds for Brunswick County or similar governmental office of public records.
Section . Litigation No judicial or administrative proceeding shall be
commenced or prosecuted by the Association unless approved by not less than sixty seven
(67%) percent of the members of the Board of Directors at a regular meeting or at a
special meeting duly called therefor. This section, however, shall not apply to (a) actions
brought by the Board to enforce the provisions of this Declaration, including, without
limitation, the foreclosure of liens, (b) the imposition and collection of assessments, (c)
proceedings involving challenges to ad valorem taxation, or (d) defenses, counterclaims or
third -party claims brought by the Association in proceedings instituted against the
Association.
29

IN WITNESS WHEREOF, Declarant has caused this instrument to be executed
by its president and attested by its secretary the day and year first above written.
OCEAN HARBOUR ESTATES, INC.
A North Carolina corporation
Ehr-�. �A,&Cg A. s� ja�
B. Da ius Stanaland, President
Attest: L—� �-
Vertilee S. Bennett, Secretary
STATE OF NORTH CAROLINA )
ACKNOWLEDGEMENT
COUNTY OF BRUNSWICK )
I, a Notary Public, do hereby certify
that B. Darius Stanaland, the President 6f Ocean Harbour Estates, Inc., a North Carolina
corporation, personally appeared before me this day and acl mowledged the due execution
of the foregoingInstnnnent on behalf of such corporation. Witness my hand and notarial
seal this the jay of , 1994.
Notary Public for North Caro a
My commission expires:
„„eo„ra,trr
i
' ti.:ltNfitY•
30

EXHIBIT "A"
Description of Property Submitted to
the Declaration, Constituting Ocean Harbour
Estates Subdivision at the Time of
Filing the Declaration of Restrictions
and Protective Covenants
LOTS
All those certain pieces, parcels or lots of land, situate, lying and being in Shallotte
Township, Town of Calabash, Brunswick County, North Carolina, being shown and
designated as Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7),
Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14),
Twenty-three (23), Twenty-four (24), Twenty-five (25), 'Twenty-six (26), Twenty-seven
(27), Twenty-eight (28), Twenty-nine (29), and Thirty (30) on Plat of Survey for Section
One, Ocean Harbour Estates prepared by Thomas W. Morgan, R.L.S. dated October 20,
1993, recorded in the office of the Register of Deeds for Brunswick County in Plat Book
y at page 2 o 1 , which Plat is incorporated herein and made a part hereof
by reference.
STREETS AND ROADS
Those certain streets shown and described on the plat described above as "Harbour Gate
North", "Harbour Gate South" and "Harbour Watch'; together with an alienable,
nonexclusive easement and right to use the road shown as "Ocean Harbour Drive" for
access, ingress and egress to and from the property described above.
TOGETHER WITH a perpetual, non-exclusive easement of access, egress and ingress over
and across that certain parcel of land lying and being in Shallotte Township, Brunswick
County, North Carolina, and more particularly described in Deed Book 972 at Page 176,
Brunswick County Registry.
OTHER COMMON AREAS
All those certain pieces, parcels or tracts of land situate lying and being in Shallotte
Township, Town of Calabash, Brunswick County, North Carolina, being shown and
designated as Tract B (0.79 acres) and Tract C (7.23 acres) on Plat of survey for the W.
M. Stanaland Estate by Thomas W. Morgan, R.L.S. dated June 1, 1993, last revised January
27,1994, recorded in the office of the Register of Deeds for Brunswick County in Plat Book
Y at page 172, which Plat is incorporated herein and made a part hereof by reference.
ALSO, a perpetual, non=exclusive easement for pedestrian access to and from Tracts B and
C described above and the road known as Harbour Watch, being ten (W) feet in width
and being shown and designated as "10 Easement" on the Plat of Section One, Ocean
Harbour Estates described above.
UTILITY AREAS
(None)
31

EXHIBIT "B"
Il► 11 � a � ► ► 1 1
01-AMMMINIMM77.r. I 1 ► i
Every residence shall contain a minimum of two thousand two hundred (2,200) square feet of
fully enclosed heated and cooled floor area devoted to living purposes. This area shall be
exclusive of roofed or unroofed porches, terraces, decks, and/or garages. In all residences more
than one story in height the first story shall contain a minimum of one thousand five hundred
(1,500) square feet of heated and cooled floor area devoted to living purposes. In addition to
the aforementioned minimum area requirements each residence shall contain an enclosed garage
sufficient to contain at least two large automobiles in their entirety. The Architectural Review
Board shall have the authority to determine minimum and/or maximum garage dimensions,
should the same become necessary, in its sole discretion. No garage shall have an opening for
cars that faces the front roadway side of the Lot unless the Architectural Review Board
determines that the same is necessary due to the size and/or shape of the Lot.
32

0976 0242
FILED FOR R�WS T R ATION
STATE OF NORTH CAROLINA ) FIRST AMEND1dhT_ 'Q9 __1 ` Z
DECLARATION OF RESTRICTIONS AND . - Q-s-
COUNTY OF BRUNSWICK ) PROTECTIVE COV9)4qffl-gO]AM10:49
OCEAN HARBOUR ESTATES# INC.
RGGEL'i J. 6'01 SON
REGISTER OF GEEDS
BRUNS l" E u�'�1TY. N.C.
This Amendment is made this 29th day of March, 1994, by
OCEAN HARBOUR ESTATES# INC., a North Carolina Corporation,
hereinafter called "Declarant".
RECITALS
A. By instrument entitled "Declaration
of
Restrictions and Protective Covenants
for
Ocean Harbour Estates Subdivision", dated
March 8, 1994, recorded in the Office of
the
Register of Deeds for Brunswick County
on
March 16, 1994, in Deed Book 973 at Page
356
("the Declaration"), the Declarant imposed
certain easements, restrictions, covenants
and
conditions on the real property ("the
Properties") described in the Declaration.
4
B. The Declarant is still the owner of all of
the
Properties, and therefore has the right
to
amend the Declaration. pursuant to Article
XVIII, Section 3 thereof.
C. The Declarant wishes to amend the DeclaratBEn .2dt'19 TWO
TOM 12,00 REV
-
in the respects set forth below.
_ -. -1Lr.
TC--
#_e��
CKr,;���_. .r�u
1y02�
CASH
BY
- �

AMENDMENT
Now, therefore, in consideration of the foregoing
premises and powers, the Declarant hereby amends the Declaration as
follows:
1. Article V, Section 1 is hereby amended by
adding the following language at the end
thereof:
"Further, each member owning a lot described
as Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 on
the plat described in Exhibit "A" shall have
all rights as riparian owners under the laws
of the State of North Carolina across such
portions of Tract C as lies within the line
marked "Riparian Boundary" immediately
adjacent to such lot, including but not
necessarily the right to build, maintain and
use boat docks within such portions of the
common areas. Such riparian rights shall be
subject to all applicable governmental
regulatory requirements and restrictions and
the provisions of Article IX hereof. The
Declarant reserves the right to grant such
rights to owners of other lots that may later
be incorporated into the Properties as to
those common areas upon which such lots join.
2. Except as expressly set forth above, the
Declaration shall remain in full force and
effect and unaltered hereby.
2

0976 n244
IN WITNESS WHEREOF, Declarant has caused this inst
to be executed by its president and attested by its secreta:
day and year first above written.
OCEAN HARBOUR EST.
a North Carolina
By:X Aai��"
B. Darius St
Attest: v
Vert lee S.
STATE OF NORTH CAROLINA )
ACKNOWLEDGEMENT
COUNTY OF BRUNS K
I, . , a {Nota
hereby certify that B. D Stanaland, the Pres
Harbour Estates, Inc., a North Carolina corporati
appeared before me this day and acknowledged the dt
the foregoing instrument on behalf of such corporati
hand and notarial seal this 2.9'TH day of /4.42t^.s4
S•
Notary Public for
My Commission expi
nt ;
• L
Y � � •� � 3.}Ei -- ..
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of 1!5� ad
Notary(ies) Public (isxare) Certified to be Correct.
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof.
ROBE T J. ROBI S N, Register of Deeds
3

UCFOK'.___r_ PACE
• 1008 783
[!L EP nD PrrIgTRA7'14
STATE OF NORTH CAW.LIa�0).. %•�_ �� SECOND AME1�1D1�E�1T TO
DECLARATION OF R$BTRICTION8 AND
COUNTY OF BRUNSWI94NO`! IS )PH 2: 361?ROTECTIva COVENANTS FOR
OCEAN HARBOUR ESTATES® INC-
R03ERT I MI-INSOH
REGISTER Or DEEDS
BRUNSWICK COUNTY. N.C.
This Amendment is made this /5 day of November, 1994,
by OCEAN HARBOUR ESTAT$8, INC., a North Carolina Corporation,
hereinafter called "Declarant".
RECITALS
A. By instrument entitled "Declaration of
Restrictions and Protective Covenants for
Ocean Harbour Estates Subdivision", dated
March 8, 1994, recorded in the Office of the
Register of Deeds for Brunswick County on
March 16, 1994, in Deed Book 973 at Page 356
("the Declaration"), the Declarant imposed
certain easements, restrictions, covenants and
conditions on the real property ("the
Properties") described in the Declaration and
thereafter amended said restrictions by that
certain First Amendment to the Declaration of
Restrictions and Protective Covenants for
Ocean Harbour Estates, Inc. dated March 29,
1994 and recorded April 51 1994 in the Office
of the Register of Deed for Brunswick County
in Book 976 at Page 242.
B. Pursuant to Article III of the Declaration,
the Declarant has the unilateral right,
privilege and option to subject to the
provisions of the Declaration any property
that the Declarant owns adjacent to the
Properties;
C. The Declarant wishes to annex and subject to
the Declaration the adjacent property
described on Exhibit 00All attached hereto.
REI.
TOTS`.! _ I . M — -
TG "-- # 1r3 97
Ck . .. _ _ 1,10 —
CASH - -

.
h"
000rt' _ PAGE -__...__
1008 784
Now, therefore, in consideration of the foregoing
premises and powers, the Declarant hereby amends the Declaration as
follows:
1. The property described on the attached Exhibit
"A" are hereby submitted to the above
referenced Declaration.
2. The lots described on Exhibit "A" shall also
be subject to the Supplemental Restrictions
set forth on Exhibit "B" attached hereto.
3. Except as expressly set forth above, the
Declaration shall remain in full force and
effect and unaltered hereby.
IN WITNESS WHEREOF, Declarant has caused this instrument
to be executed by its president and attested by its secretary the
day and year first above written.
OCEAN HARBOUR ESTATES, INC., (Corporate
a North Carolina corporation
By 40. v B. Darius Stanaland, P.
V).
Attest :
S.
STATE OF SOUTH CAROLINA )
ACKNOWLEDGEMENT
COUNTY OF HORRY )
I,72�, a Notary Public, do
hereby certify that . Darius Stanaland, the President of Ocean
Harbour Estates, Inc., a North Carolina corporation, personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument on behalf of such corporation. Witness
hand and notarial seal this 15th day of November, 1994.
`,: w - .e..°.. • �• °ice; �:: ' •.
Notary Public for South! '',t? tt.�s-
My Commission expires: • d•
STATE OF NORTH CAROLINA CO �►
COUNTY OF BRUNSWICK ro-4:o
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public (isXare) Certified to be Correct. - -
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof.

BC�K __PAGE
1008 785
EXHIBIT $'Au
Description of Property Submitted to
the Declaration, Constituting Ocean Harbour
Estates Subdivision as the Time of
Filing the Declaration of Restrictions
and Protective Covenants
LOTS
All those certain pieces, parcels or lots of land
situate, lying and being in Shallotte Township, Town of
Calabash, Brunswick County, North Carolina, being shown
and designated as Lots Fifteen (15), Sixteen (16),
Seventeen (17), Eighteen (18), Nineteen (19), Twenty
(20), Twenty-one (21), Twenty-two (22), Thirty-one (31),
Thirty-two (32), Thirty-three (33), Thirty-four (34),
Thirty-five (35), Thirty-six (36), Thirty-seven (37) and
Thirty-eight (38) as referenced on the Plat of Survey for
Section Two, Ocean Harbour Estates prepared by Thomas W.
Morgan, R. L. S., dated October 20, 1993, revised
February 25, 1994, August 29, 1994 and October 19, 1994
and recorded in the office of the Register of Deeds for
Brunswick County in Plat Book Z at Page /Dl , which
plat is incorporated herein and made a part hereof by
reference.
OTHER COMMON AREAS
All those certain pieces, parcels or tracts of land
situate lying and being in Shallotte Township, Town of
Calabash, Brunswick County, North Carolina, being shown
and designated as "Vest -Pocket Park Site" on Plat of
survey for the W. M. Stanaland Estate by Thomas W.
Morgan, R.L.S. dated June 1, 1993, last revised January
27, 1994, recorded in the office of the Register of Deeds
for Brunswick County in Plat Book Y at page 172 and on
the Plat of Survey for Section Two, Ocean Harbour Estates
prepared by Thomas W. Morgan, R. L. S., dated October 20,
1993, revised February 25, 1994, August 29, 1994 and
October 19, 1994 and recorded in the office of the
Register of Deeds for Brunswick County in Plat Book Z
at Page 101 , which Plats are incorporated herein and
made a part hereof by reference.
3

as i" PAGE
1008 786
EXHIBIT "B"
r
Every residence shall contain a minimum of two thousand two hundred
(2,200) square feet of fully enclosed heated and cooled floor area
devoted to living purposes. This area shall be exclusive of roofed
or unroofed porches, terraces, decks, and/or garages. In all
residences more than one story in height the first story shall
contain a minimum of one thousand five hundred (1,500) square feet
of heated and cooled floor area devoted to living purposes. In
addition to the aforementioned minimum area requirements each
residence shall contain an enclosed garage sufficient to contain at
least two large automobiles in their entirety. The Architectural
Review Board shall have the authority to determine minimum and/or
maximum garage dimensions, should the same become necessary, in its
sole discretion. No garage shall have an opening for cars that
faces the front roadway side of the Lot unless the Architectural
Review Board determine that the same is necessary due to the size
and/or shape of the Lot.
4

Q9?6 0242
MAY 191995
--------------------------- MED FOR RQST R AT�Z
STATE OF NORTH CAROLINA ) FIRST AMENDl� ANT— Q9 __ _-- ---
) DECLARATION
PRRO PROTECTIVE OFOCORESTRICTIONS OIRM 1A 9
COUNTY OF BRUNSWICK p_s-4+F
OCEAN HARBOUR ESTATES, INC.
iU�t :EGINSGN
�J�ls � J. Iilai':
REGISTER Of DEEDS
BRUNSWI€K COUNTY, N.C.
This Amendment is made this 29th day of March, 1994, by
OCEAN HARBOUR ESTATES, INC., a North Carolina Corporation,
hereinafter called "Declarant".
RECITALS
A. By instrument entitled "Declaration of
Restrictions and Protective Covenants for
Ocean Harbour Estates Subdivision", dated
March 8, 1994, recorded in the Office of the
Register of Deeds for Brunswick County on
March 16, 1994, in Deed Book 973 at Page 356
("the Declaration"), the Declarant imposed
certain easements, restrictions, covenants and
conditions on the real property ("the
Properties") described in the Declaration.
r
B. The Declarant is still the owner of all of the
Properties, and therefore has the right to
amend the Declaration. pursuant to Article
XVIII, Section 3 thereof.
C. The Declarant wishes to amend the DeclaratROn �
�'� F.
in the respects set forth below. tOTA2 y.
CK
CASH — - —
BY - �--

AMENDMENT
Now, therefore, in consideration of the foregoing
premises and powers, the Declarant hereby amends the Declaration as
follows:
1. Article V, Section 1 is hereby amended by
adding the following language at the end
thereof:
"Further, each member owning a lot described
as Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 on
the plat described in Exhibit "A" shall have
all rights as riparian owners under the laws
of the State of North Carolina across such
portions of Tract C as lies within the line
marked "Riparian Boundary" immediately
adjacent to such lot, including but not
necessarily the right to build, maintain and
use boat docks within such portions of the
common areas. Such riparian rights shall be
subject to all applicable governmental
regulatory requirements and restrictions and
the p3`ovisions of Article IX hereof. The
Declarant reserves the right to grant such
rights to owners of other lots that may later
be incorporated into the Properties as to
those common areas upon which such lots join.
2. Except as expressly set forth above, the
Declaration shall remain in full force and
effect and unaltered hereby.
2

0976 '244
IN WITNESS WHEREOF, Declarant has caused this instrume'�
to be executed by its president and attested by its secretaxy..,t-f
day and year first above written. a
OCEAN HARBOUR ESTATES-,, ..
a North Carolina corpb;
By: .ry
B. Darius StantlaC
Attest:'''
Vert lee S. Berinett:;
STATE OF NORTH CAROLINA )
ACKNOWLEDGEMENT
COUNTY OF BRUNS K
I , , a �-,Notary:;
hereby certify that B. D44ft Stanaland, the Preside
Harbour Estates, Inc., a orth Carolina corporation
appeared before me this day and acknowledged the dui
the foregoing instrument on behalf of such corporat ;*- .
hand and notarial seal this 2011'H day of
Notary Public for I
My Commission expirf
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of his 62/&e2
Notary(ies) Public (isxare) Certified to be Correct.
This Instrument was filed for Registration on the Day and Hour in the Book and Page shown on the First Page hereof.
ROBE T J. ROBI S N, Register of Deeds
3

rN
JEFFCOAT '�Q PIKE t--RI" "P y OTIS ALLEN JEFFCOAT, III
ATTORNEYS AT LAW JAMES C. PIKE, JR.
AUG # # MARK A. NAPPIER
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS PATRICK J. REILLY
NORTH MYRTLE BEACH, SOUTH CAROLINA OFFICE:
110 YE OLDE KINGS HIGHWAY
POST OFFICE BOX 4360
NORTH MYRTLE BEACH, SOUTH CAROLINA 29597
TELEPHONE [phone]
FACSIMILE [phone]
REPLY TO:
Calabash
MYRTLE BEACH,OL1iFY l."RRi9EWNA OFFICE:
1601 NORTH OAK STREET, SUITE 303
POST OFFICE BOX 3678
MYRTLE BEACH, SOUTH CAROLINA 29578
TELEPHONE (B03) 626-9000
FACSIMILE [phone]
August 8, 1994
Mr. Dave Adkins, Water Quality Supervisor
State of North Carolina Department of
Environment, Health, and Natural Resources
Division of Environmental Management
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
CALABASH, NORTH CAROLINA OFFICE
SALT MARSH SQUARE
10195-3 BEACH DRIVE, SW
POST OFFICE BOX 44000
CALABASH, NORTH CAROLINA 28467
TELEPHONE [phone]
FACSIMILE [phone]
p EC E 0 V
Do
AUG 0 9 1994
D E M
1,R0J C1.3f2D¢
Re: Certification of Compliance with Stormwater Regulations
Stormwater Project No. 931204
Ocean Harbour Estates - Brunswick County
Our File No. 2513-002
Dear Mr. Adkins:
In compliance with your certification request dated August 2, 1994 to Ocean
Harbour Estates, I am enclosing and forwarding to you a "clocked copy" of the Declaration
of Restrictions and Protective Covenants for Ocean Harbour Estates, recorded in the office
of the Register of Deeds for Brunswick County at 3:54 o'clock p.m. on March 16, 1994 in
Deed Book 973 at page 356, together with a copy of the First Amendment to Declaration
of Restrictions and Protective Covenants for Ocean Harbour Estates, Inc., recorded in said
Register's office at 10:49 o'clock a.m. on April 5, 1994 in Deed Book 976 at page 242.
Very truly yours,
Otis Allen Jeffcoat, III
OAJ/rnr
Enclosures
cc: Ocean Harbour Estates, Inc.