SW8060553_HISTORICAL FILE_20140224

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Oo 0553
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
31 HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2c) "-A U� 2 Lj
YYYYMMDD

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM
Director
February 24, 2014
Mr. Chris Manning, Association Manager
Porter's Pointe Homeowners Association, Inc.
PO Box 12051
Wilmington, NC 28405
Subject: Stormwater Permit No. SW8 060553
Name / Ownership Change
Porters Pointe Subdivision
High Density Subdivision Project
New Hanover County
Dear Mr. Manning
Pat McCrory, Governor
John E. Skvada, III, Secretary
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain
in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that any updated
pages or addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit.
On February 3, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit
Name/Ownership Change Form from First Troy SPE, LLC for the subject project. A file review and site inspection
was performed on November 4, 2013 by DEMLR staff and as noted in the enclosed inspection report, the site is
currently in compliance with the terms and conditions of the current state stormwater permit. As indicated on the
Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the
application and supplement fortes, a copy of the approved plans and a copy of the required Operation and
Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the
Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions
outlined in this permit. The Division is hereby notifying you that permit SW8 060553 has been transferred on
February 24, 2014 and to remind you that this permit shall be effective until December 19, 2020. For your records,
please find enclosed a copy of the transferred permit with an updated page 2, a copy of the inspection report, and a
copy of the Name/Ownership Change form submitted on February 3, 2014.
This permit is subject to the conditions and limitations as specified in the previously issued permit. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMPs,
recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the
permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition
must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty
(30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing
fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone] / Fax: [phone]

...a y
February 24, 2014
If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with
DEMLR in the Wilmington Regional Office at [phone].
Sincerely,
�A-���
Tracy Davi , P.E., Director
Division of Energy, Mineral and Land Resources
GDS/kpj: G:\WQS\Stonnwater\Permits & Projects12006\060553 HD\2014 02 permit 060553
enc. Inspection Report
cc: Mr Jerry Kinlaw, First Troy SPE, LLC, Sr. VP,
First Troy SPE, LLC, c/o First Bank, 201 Market St., Wilmington, NC 28401 (previous permittee)
Mr Kenneth M .Kirkman, Attorney, 503 W. Thurman Rd., New Bern, NC 28562
Wilmington Regional Office Stormwater File
Page 2 of 2

State Stormwater Management Systems
Permit No. SW8 060553
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION INFILTRATION BASIN 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
Porter's Pointe Homeowners Association, Inc
Porter's Pointe Subdivision
Porters Neck Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of two (2) infiltration basins in compliance with
the provisions of 15A NCAC 2H .1000 and Session Law 2008-211, as applicable
(hereafter jointly and individually referred to as the "stormwaterrules') and the approved
stormwater management plans and specifications and other supporting data as
attached and on file with and approved by the Division of Energy, Mineral and Land
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 19, 2020 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 of this permit. The subdivision is permitted for
54 lots, each allowed a maximum amount of built -upon area as listed in Section
11.13 of this permit. The stormwater controls labeled A and B have been
designed to handle the runoff from 243,993 and 192,301 square feet of
impervious area, respectively.
3. The drainage areas will be limited to the amounts of built -upon area indicated in
Sections 1.2 and 1.7 of this permit, and per approved plans. The built -upon area
for the future development in the drainage areas labeled A and B are limited to
10,000 and 12,095 square feet, respectively.
4. The excess design storm overflow from the infiltration basin must be directed into
a 50 foot vegetated filter strip and level spreader, designed per Section .1008 (f)
of the stormwater rules.
5. The runoff from all built -upon area within the permitted drainage area(s) of this
project must be directed into the permitted stormwater control system.
Page 3of10

State Stormwater Management Systems
Permit No. SW8 060553
All stormwater collection and treatment systems must be located in either public
rights -of -way or dedicated common areas or recorded drainage easements. The
final plats for the project will be recorded showing all such required rights -of -way,
common areas and easements, in accordance with the approved plans.
7. The following design elements have been approved for this infiltration basin
stormwater facility, and must be provided in the system at all times.
Infiltration Basin A
Infiltration Basin B
a. Drainage Area, acres:
Onsite, Subject to 1995 Rules, ftZ:
Onsite, Subject to SL 2008-211. ftZ:
Offsite, ftZ.
11.52
496,260
5,397
None
941
401,449
8,542
None
b. Total Impervious Surfaces, ft :
Onsite, Subject to 1995 Rules, ft2:
Onsite, Subject to SL 2008-211, ftZ
Offsite, ftZ:
243,993
238,596
5,397
None
192,301
8,542
183.759
None
c. Design Storm
Subject to 1995 Rules, inches:
Subject to SL 2008-211, inches:
1.5
3.83
1.5
383
d. Basin Depth, ft:
6.0
&0
e. Bottom Elevation, FMSL:
18.0
18.0
f. Bottom Surface Area, ft.
7,454
7,389
Storage/Bypass Weir Elevation, FMSL:
240
24.0
h. Storage/Bypass Weir Surface Area, ftz
12,663
14,288
i. Permitted Storage Volume, ft :
59,883
63,783
j. Type of Soil:
Kenansville
Kenansville
k. Expected Infiltration Rate, in/hr.
9.0
8.8
I. Seasonal High Water Table, FMSL:
16%
16.0
m. Time to Draw Down, days:
0.25
0.20
n. Receiving Stream/River Basin:
Pages Creek / Cape Fear
o Stream Index Number
18-87-22
p. Classification of Water Body,
"SA, HQW"
II. SCHEDULE OF COMPLIANCE
The permittee shall not alter any aspect or any component of the approved
stormwater drainage and collection system, or pipe any ditches or swales shown
on the approved plans, except for a minimum driveway pipe, unless and until the
permittee shall have submitted a modification to the permit and received approval
from the Division. Additionally, the permittee shall not allow any homeowner, lot
owner, builder or developer to alter any aspect or any component of the
approved stormwater collection system or to pipe any ditches or swales shown
on the approved plans, except for minimum driveway crossings, unless and until
the permittee shall have submitted a revision to the permit and received approval
from the Division.
2. The permittee shall routinely monitor the project to ensure that the proposed
built -upon area for the entire project including lot BUA, streets, recreation
facilities and sidewalks, does not exceed the permitted maximum allowable built -
upon area. Where the permittee finds a noncompliance with the permit on an
individual lot, the permittee shall notify the lot owner in writing, requiring
remediation of the noncompliance within a reasonable time frame, and shall
follow-up to ensure that the noncompliance has been resolved.
3. The permittee is responsible for approving and monitoring all driveway pipe
installation on individual lots. The permittee shall assure that all piping shall be
that minimum amount and diameter necessary to adequately pass the drainage
underneath the driveway, while maintaining a 3:1 side slope.
Page 4 of 10

State Stormwater Management Systems
Permit No. SW8 060553
4. The permittee shall not approve any lot plan where the permitted maximum BUA
is exceeded, or where piping of ditches or swales is proposed, or where
excessive driveway piping is proposed, without first submitting a permit
modification and receiving approval from the Division of Energy, Mineral and
Land Resources.
5. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
d. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Infiltration systems should not be used
as erosion control devices, due to the potential clogging. 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.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, the permittee shall cause a
certification from an appropriate designer for the system installed, to be
submitted, certifying that the permitted facility has been installed in accordance
with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must
be noted on the Certification.
11. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function as designed. The approved Operation and Maintenance Agreement
must be followed in its entirety and maintenance must occur at the scheduled
intervals listed in the O&M Agreement.
12. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DEMLR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Page 5 of 10

State Stormwater Management Systems
Permit No. SW8 060553
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 060553, as issued
by the Division of Energy, Mineral and Land Resources under NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
f. The maximum built -upon area per lot is as follows:
Built Upon Area s
1-15
4,015
16R
5,000
18-28
4,015
30R
5,000
31 R-32R
4,015
34-61
4,015
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.
All affected lots shall provide a 50-foot-wide buffer adjacent surface
waters, measured horizontally from and perpendicular to the normal pool
of impounded structures, the top of bank of both sides of streams and
rivers, and the mean high water line of tidal waters.
All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
Any individual or entity found to be in noncompliance with the provisions of
a stormwater management permit or the requirements of the Stormwater
rules is subject to enforcement procedures as set forth in G.S. 143 Article
21.
14. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
15. Prior transfer of the permit, the stormwater facilities must be inspected by
DEMLR staff and must be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the
transfer. Records of maintenance activities performed to date will be required.
16. 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.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW8 060553
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, or a
name change of the Permittee or of the project, or a mailing address change, the
permittee shall submit a completed and signed "Name/Ownership Change Form"
to the Division of Energy, Mineral and Land Resources, accompanied by the
appropriate documentation as listed on the form. The project must be in good
standing with DEMLR. The approval of this request will be considered on its
merits and may or may not be approved.
The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Neither the sale of the project area, in whole or in part, nor the conveyance of the
common areas to a third party, constitutes an approved request to transfer the
permit.
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral
and Land Resources, in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
4. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
5. 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.
6. In the event that the facilities fail to perform satisfactorily the Permittee shall take
immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management
systems.
7. 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.
8. The Permittee grants permission to staff of the DEMLR to access the property for
the purposes of inspecting the stormwater facilities during normal business
hours.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. A copy of this permit, the supplement
forms, the Operation and Maintenance Agreements, and the approved plans and
specifications shall be maintained on file by the Permittee at all times.
10. The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit. The renewal application shall include the
required application, appropriate application fee and documentation.
Page 7 of 10

State Stormwater Management Systems
Permit No. SW8 060553
Permit transferred this the 24rh day of February 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 8 of 10

State Stormwater Management Systems
Permit No. SW8 060553
Porter's Pointe Subdivision
Stormwater Permit No. SW8 060553
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for I(Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 10

State Stormwater Management Systems
Permit No. SW8 060553
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the level spreader / vegetated filter strip.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DEMLR Regional Office
New Hanover County Building Inspections
Page 10 of 10

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT TRANSFER REQUEST FORM
(Pursuant to N.C.G.S. 143-21 4.7(c2)/Sess ion Law 2011-256)
This request form is for a transfer of the stormwater permit from a current permittee who is the
declarant of a condominium or declarant of a planned community (as defined in Chapter 47C or
Chapter 47F of the General Statutes, respectively) to a unit owners association, owners association,
or other management entity identified in the condominium or planned community's declaration
pursuant to N.C.G.S. 143-214.7(c2)/ Session Law 2011-256.
I. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer request.
Please notify DWQ prior to the submittal of this transfer form to request an inspection of the
stormwater system.
1. This completed and signed form.
2. Legal documentation showing that common areas related to the operation and maintenance of the
stormwater management system have been conveyed to the proposed permittee in accordance
with the condominium or planned community declaration.
3. Legal documentation showing that the declarant has conveyed at least fifty percent (50%) of the
units or lots to owners other than a declarant.
4. A copy of any recorded deed restrictions, covenants, condominium/planned community
declaration or easements, if required by the permit.
5. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the proposed permittee is a
legal entity and the named representative has the authority to act on behalf of the proposed
permittee.
7. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
F-13EIVE
FE9 0 3 29.4 fj
:.J
SSW HOA N/O Change Rev24Sept2012 Page 1 of 3

II. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: 51418 060 SS
2. Proiect Name: l'Or? 1 C—Q 15 )0G101 T E-
3. Current Permitee's Company Name/Organization: Flf25T T)0 5PE-, LLG
4. Signing Official's Name: T EaPY Title: 5ema- Vice, Prtc,idea-t
5. Mailing Address: Vo F1,757-1 9*/I//� 26 1 M4-9 rec-T si 9'5b i
City: WILMl4/GTON State:11-6 zip: 2�''iG
6. Phone: ( 9/0 ) � y L, , 91 `09 Fax:( c110) 251 , 16 5Z
III. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
The proposed permittee identified in the condominium or planned community's declaration is the
following (check one):
❑ Unit Owners Association
X Owners Association
❑ Other Management Entity
Proposed Permittee's:
1. Company Name/Organization: J00KTC--1eS 10014,t= fb1hG::PWiVitS f)�Grt 471iN� rNc
2. Contact Name & Title (Please provide name of company/organization's authorized representative or agent
and her/his official title such as President):
7'k15MlE-A ^4&/ &G PIGAIT 6a WP�t 11'e-) 1--l-TN. Cf}RIS 4-55vcrr77C14i104wdI6F--�
3. Mailing Address: PO P50 12051 ,P
City: WILMING-T-vi✓ State: A-6- zip: 26yO5
4. Phone: ( 17/0 ) 6'7q -51/l 2 Fax: '799 -'76,2 4
IV. CURRENT PERMITTEE'S CERTIFICATION P�ECJ
I, Fi �i 5�' Lac the current permittee, am sf"bmitti g the reqt e� tfor
a transfer f stormwater permit # SbY d SSA I hereby attest that ave met the
requirements of N.C.G.S. 143-214.7(c2)/ Session Law 2011-256, and propoto transfer the p t
to a unit owners association, owners association, or other management entity ide in ltin It ed-Irrttre—
condominium or planned community's declaration. The common areas related to the operation and
maintenance of the stormwater management system have been conveyed to the unit owners
association or owners association in accordance with the declaration. I have provided a copy" of the
most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the DWQ stormwater
inspection report evidencing compliance to the proposed permittee named in Section III of this form.
I further attest that this request for a permit transfer is accurate and complete to the best of my
knowledge. I understand that if all required parts of this request are not completed or if all required
supporting information and attachments listed above are not included, this request package will be
SSW HOA N/O Change Rev24Sept2012 Page 2 of 3

returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee
named in Section II of this form. I understand that this permit transfer cannot be approved by the
DWQ unless and until the facility is in compliance with the permit.
Signature:
C. Smith
a Notary Public for the State of
County of New Hanover County , do hereby certify that
personally appeared before me this the
20_ _', and acknowledge the due execution of the
fo o g instrument. Witness; Oy hand and Jfficial seal,
Notary Sign ture
MY Commfasfoo Exptres Sept 30, 20f 7.
(Notary Seal)
ce,o".�XIENE C sq,
NOTgRf s
A
41OLIC c;
'* It is recommended that all documents that are required for the transfer of this permit be
sent by a traceable delivery method to the proposed permittee.
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and the processing fee (if required), should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, as shown on the attached map.
DWQ Regional Office Contact Information:
Asheville Office ......
[phone]
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office ...(252)
946-6481
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........(919)
807-6300
SSW HOA N/O Change Rev24Sept2012 Page 3 of 3

Casmer, Jo
From: Casmer, Jo
Sent: ; Monday, February 17, 2014 3:26 PM
To: 'kenkbhisland(dlhotmail.com'
Subject: Porters Pointe Subdivision; Stormwater Permit SW8 060553
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
received the Stormwater Ownership Transfer Application and $40.00 fee on February 3, 2014. Your project will be
assigned to a staff member and reviewed within 75 days of receipt You will be notified if additional information is
needed.
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties

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Completeness Review Checklist 3
//-- \ / Received Date:
Project Name: � V'-!�r c ��e �Y
Project Location:
Accepted Date: -,te-(0 ,3 2-01
Rule(s) ®zoos Coastal ®1995 Coastal ®Phase II (WiRO) Universal �1988 Coastal
of Permit: New or Mod or PR
Permit# (Mod or PR): ®PE Cert on File?
or LD-- -Type:--Commercial--or----Residential--_--. _--uNCG: --.---:==-------
(% OK?) Stream Class: OSA Map DOffsite to SW8
Paperwork Emailed Engineer on:
®Supplement(s) (1 original per BMP) BMP Type(s):
®O&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
Application with correct/original signatures Deed
®Corp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer
®$505 mo) q0- %�� ^�r-7h ` . /A, Email Address: Owner
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❑Soils Report with SHWT Tom.. Note to Reviewer:
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PORTER'S POINTE HOMEOWNERS ASSOCIATION, INC.
RESOLUTION OF BOARD OF DIRECTORS
The undersigned, being the duly elected directors of the Porter's Pointe
Homeowners Association, Inc., ("Association") hereby adopt the following
resolution:
RESOLVED that Chris Manning of Premier Management Company be and
hereby is appointed as contact person for all matters relating to Storm Water
Management Permit Number SWB 060 553, and any modifications or replacements
thereto ("Permit"), and the State of North Carolina is directed and authorized to
communicate with Manning in any manner, verbal, written or electronic as
necessary in relation to the Permit. The Board reserves the right to substitute a
replacement contact person at any time, but shall give notice to the State of North
Carolina if a replacement is named.
This Resolution
/shall be effective upon its execution by the undersigned.
�. ce Ballou
�(: �.�•.-mac j_.� �..z �.-1�— .
tl� Vic"Hutchins
0244 . M�t�
Carmel Strickland
J�,ff D Ibusso
i�Ct� C�(ULK�
Kate Clark
TGENE
FEB 0 3 2014
BY:

C201125600038
SOSID: 0907788
Date Filed: 9/14/2011 12:52:00 PM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C201125600038
NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE
Pursuant to §55A-16-23(b) of the General Statutes of North Carolina, the undersigned nonprofit corporation does hereby submit the
following for the purpose of changing its principal office address currently on file with the Secretary of State.
INFORMATION CURRENTLY ON FILE
The name of the corporation is: Porter's Pointe Homeowners Association, Inc.
The street address and county of the principal office of the corporation currently on file is:
County: New Hanover
Number and Street: 2609 Mimosa Place
City, State, Zip Code: Wilmington, NC 28403
The mailing address if different from the street address of the principal office currently on file is:
NEW INFORMATION
The street address and county of the new principal office of the corporation is:
Number and Street: A� 13 Co / b Ye #1 Or
City, State, Zip Code: Wilmington, NC 2840.5
2. The
County: New Hanover
the street address of the new principal office is:
3. This statement will be effective upon filing, unless a later date andfor time is specified:
This is the_$�, day of PLr.,bt.v , 20h—
Porter's Pointe Homeowners Association, Inc.
Name of Corporation
t
Signature
Type or Print Name and Title
NOTES:
1. Filing fee is $5. This statement and one exact or conformed copy of it must be filed with the Secretary of State.
Revised January 2000 Form N-12
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622

C200710601519
SOSID: 907788
Date Filed: 4/11/2007 10:44:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200710001519
ARTICLES OF INCORPORATION
OF
PORTER'S POINTE HOMEOWNERS ASSOCIATION, INC.
The undersigned natural person of the age of eighteen (18) years or more, does hereby
execute these Articles of Incorporation pursuant to the laws of the State of North Carolina, as
contained in Chapter 55A of the General Statutes of North Carolina, entitled "Non -Profit
Corporation Act", and the several amendments thereto, and does hereby make, sign, and
acknowledge these Articles of Incorporation, and to that end does hereby set forth:
ARTICLE I
NAME
The name of the corporation is 'Porter's Pointe Homeowners Association, Inc.," hereinafter
called the "Association".
ARTICLE 1I
REGISTERED OFFICE FEB 0 3 2014
The principal and registered office of the Association is located at 2MMimosa P�la_ce
Wilmington, New Hanover County, North Carolina 28403.
ARTICLE III
REGISTERED AGENT
Byron A Stratas, whose address is 2609 Mimosa Place, Wilmington, North Carolina 28403 is
hereby appointed the initial registered agent of this Association.
ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members thereof, and
the specific purposes for which it is formed are to provide for maintenance, preservation and
architectural control of the Lots and Common Elements within that certain tract or property (herein
referred to as "Property") described in that certain Declaration of Covenants, Conditions, Easements
and Restrictions of Porter's Pointe recorded in the Office of Register of Deeds of New Hanover
County (herein "Declaration"), and to promote the health, safety and welfare of the residents within
the above described Property and any additions thereto as may hereafter be brought within the
jurisdiction of this Association and for those purposes to:
(a) exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in that Declaration applicable to the Property as the
same may be amended from time to time as therein provided, said Declaration being
incorporated herein as if set forth at length;
(b) fix, levy, collect and enforce payment by any lawful means, all charges or
assessments pursuant to the terms of the Declaration; to pay all expenses in connection
therewith and all office and other expenses including all licenses, taxes or governmental
charges levied or imposed against the property of the Association;
151998 LARCMISARCAOARC )

C200710001519
(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of
real or personal property in connection with the affairs of the Association;
(d) borrow money, and with the assent of the Members entitled to cast at least
two-thirds (2/3) of the votes of each class of Members, mortgage, pledge, deed in trust, or
hypothecate any or all of its real or personal property as security for money borrowed or
debts incurred; provided, the rights of any such mortgagee shall be subordinate to the rights
of the Lot Owners and the Association in the Common Elements;
(e) the right of the Association pursuant to Section 4717-3-112 of the Planned
Community Act and with the consent of Members entitled to cast at least eighty percent
(80%) of the votes of each class of Members of the Association, to dedicate or transfer fee
title to all or any part of the Common Elements for such purposes and subject to such
conditions as may be agreed to by the Members consenting to such dedication or transfer;
provided, however, during Declarant's Development Period, Declarant must also consent to
such action and, further provided that no such dedication or transfer shall interfere with or
obstruct utility service to, or ingress, egress and regress to or from, the Lots or any remaining
Common Elements or cause any Lot or any remaining Common Elements to fail to comply
with applicable laws, regulations or ordinances.
. On any instrument of dedication, sale, transfer, easement, lease right of way or other
disposition of real or personal property, the Secretary of the Association shall certify that
eighty percent (80%) of the votes of each class of Members have approved the action
evidenced by the instrument, and that certificate shall be conclusive that the execution and
delivery of such instrument was properly authorized by the Association and its members and
shall be relied upon and binding as to any third party or as to any grantee, its successor and
assigns; provided, however, conveyances for general service utility purposes as specified in
the Declaration may be made without consent of the members, and the Association may
execute an instrument of conveyance therefor without such certification;
(1) the right of the Association, with the assent of the Members entitled to cast two-
thirds (2/3) of the votes of each class of Members to borrow money for the purpose of
improving the Common Elements and facilities and in aid thereof to mortgage the Common
Elements, provided that the rights of such mortgagee in the Common Elements shall be
subordinate to the rights of the Members and the Association hereunder;
On any instrument of loan, mortgage, pledge, deed in trust or other hypothecation,
the Secretary of the Association shall certify that two-thirds (2/3) of the votes of each class of
Members have approved the action evidenced by the instrument, and that certificate shall be
conclusive that the execution and delivery of such instrument was properly authorized by the
Association and its members and shall be relied upon and binding as to any third party or as
to any grantee, its successor and assigns;
(g) the right of the Association, to participate in an equal exchange of land, as
permitted by local government ordinances. The vote of the association shall be eighty
percent (80%) of the votes of each class of Members;
(h) participate in mergers and consolidations with other non-profit corporations
organized for the same purposes or to annex additional property and Common Elements,
provided that any such merger, consolidation or annexation shall have the assent of the
Members entitled to cast at least two-thirds (2/3) of the votes of each class of Members,
except that annexation of additional property by Declarant may be done without the consent
of the members as provided in the Declaration;
f519981.ARC.MISARC.00ARC ) 2

C200710001519
(i) dedicate or transfer non-exclusive easements on, over and upon all or any part
of the Common Elements for such purposes and subject to such conditions as maybe agreed
to by the Association's Board; provided, however, no such dedication or transfer shall
interfere with or obstruct drainage rights in favor of, utility service to, or ingress, egress and
regress to or from, the Lots or any remaining Common Elements or cause any Lot or any
remaining Common Elements to fail to comply with applicable laws, regulations or
ordinances and no such dedication or transfer shall be effective unless an instrument
executed on behalf of the Association by its duly authorized officers, agreeing to such
dedication or transfer, has been recorded.
0) have and to exercise any and all powers, rights and privileges, which a
corporation organized under the Non -Profit Corporation Law of the State of North Carolina
by law, may now or hereafter have or exercise.
ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot
which is subject by Declaration to assessment by the Association, including contract sellers, shall be
a member of the Association. The foregoing is not intended to include persons or entities who hold
an interest merely as security for the performance of an obligation or trustees under a security
instrument. Membership shall be appurtenant to, and may not be separated from, ownership of any
Lot which is subject to assessment by the Association.
ARTICLE VI
VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A Members shall be every person or entity who or which is a
record owner of a fee or undivided fee interest in any Lot which is subject by covenants of
record to assessment by the Association, except for Declarant or any Affiliate, prior to the
conversion of Class B membership to Class A membership. The foregoing is not intended to
include persons or entities that hold an interest in a Lot merely as security for the
performance of an obligation. Class A Membership shall be appurtenant to and may not be
separated from ownership of any Lot that is subject to assessment by the Association. The
vote for such Lot shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any Lot. Class A Members shall be entitled
to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot,
all such persons shall be Members.
Class B. The Class B Member shall be the Declarant and shall be entitled to six
(6) votes for each Master Plan Lot that is owned by Declarant and/or any Affiliate or for
which Declarant or any Affiliate holds a contract right to purchase. The Class B membership
shall cease and be converted to Class A membership on the happening of either of the
following events, whichever occurs earlier:
(a) when Declarant or any affiliate of Declarant no longer owns a Lot within the
Property, or
(b) at Declarant's election, provided however, a majority of the Lots shall have
(51998 LARC.MISARC.00ARC (

C200710001519
been sold to Consumer -Occupant Lot Owners at the time of such election.
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of not less than three (3) no more
than seven (7) Directors, who shall be qualified as set forth in the Bylaws. The initial Board shall be
comprised of three (3) members. The number of directors may be changed by amendment of the By -
Laws of the Association. The names and addresses of the persons who are to act in the capacity of
directors until the selection of their successors are:
NAME ADDRESS
Byron A. Stratas 2609 Mimosa Place, Wilmington, NC 28403
Calvin F. Wells, Jr. 1051 Military Cutoff Rd., Ste. 200, Wilmington,
NC 28405
David H. Sprunt 1308 Live Oak Pkwy., Wilmington, NC 28403
ARTICLE VIII
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less than
three-quarters (3/4) of each class of members. Upon dissolution of the Association, other than
incident to a merger or consolidation, the assets of the Association shall be dedicated to an
appropriate governmental agency to be used for purposes similar to those for which this Association
was created. In the event that such dedication is refused acceptance, such assets shall be granted,
conveyed and assigned to any non-profit corporation, association, trust or other organization to be
devoted to such similar purposes.
ARTICLE IX
DURATION
The corporation shall exist perpetually.
ARTICLE X
AMENDMENTS
Amendment of these Articles shall require the assent of seventy-five percent (75°/u) of the
entire membership; provided that should additional property later be brought within the jurisdiction
of this Association, pursuant to the Declaration, it shall not be necessary to amend these Articles to
reflect such additional property.
J519981.ARCNISARC.00ARC 4

C200710001519
ARTICLE XI
TERMS
The terms used herein shall have those meanings as defined in the Declaration.
ARTICLE XII
EARNINGS
No part of the net earnings of the Association shall inure to the benefit of, or be distributable
to, its Directors, Officers or other private persons, except that the Association shall be authorized and
empowered to pay reasonable compensation for services rendered and expenses incurred and to make
payment and distribution in furtherance of the purposes as set forth herein.
ARTICLE XM
INDEMNIFICATION
Every Director and every Officer of the Association shall be indemnified by the Association
against all expenses and liabilities, including counsel fees, reasonably incurred by, or imposed upon,
him in connection with any proceeding to which he 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 is a Director or Officer at the time such expenses are incurred, except in such cases for
liabilities owed as a lot owner or wherein the Director or Officer is adjudged to have acted in bad
faith or have been liable or guilty by reason of willful misconduct in the performance of his duties;
provided that, in the event of any claim for reimbursement or indemnification hereunder based upon
a settlement by the Director or Officer seeking such reimbursement or indemnification, the
indemnification herein shall only apply if the Board of Directors approves such settlement and
reimbursement as being in the best interests of the Association. The foregoing right of
indemnification shall be in addition to, and not exclusive of, all other rights of indemnification to
which such Director or Officer may be entitled by law or otherwise and, specifically, indemnification
of Officers and Directors shall be available as set forth in G.S.§55A-8-50 et seq. The Board of
Directors by Bylaw provision is authorized to establish further criteria for indemnification of
Officers or Directors.
It is also intended that the liability of any Lot Owner arising out of any contracts made by the
Board of Directors or out of the aforesaid indemnity in favor of the members of the Board shall be
limited to such proportions of the total liability thereunder as his voting interest in the Common
Elements bears to the interest of all of the Lot Owners. Every agreement made by the Board or by
the manager on behalf of the Association shall provide that the members of the Board of Directors,
or the manager, as the case may be, are acting only as agents for the Association, and shall have no
personal liability thereunder (except as Lot Owners), and that each Lot Owner's liability thereunder
shall be limited to such proportion to the total liability thereunder as its voting interest in the
Association bears to the voting interest of all Lot Owners.
Furthermore, notwithstanding the foregoing provision, in the event that Chapter 55A of the
General Statutes of North Carolina or any other provision of the North Carolina General Statutes is
amended or enacted to permit further limitation or elimination of the personal liability of the
Association's Officers or Directors, such liability shall be limited or eliminated to the fullest extent
permitted by the applicable law.
This Article shall not affect a charter or bylaw provision or contract or resolution of the
Association indemnifying or agreeing to indemnify an Officer or Director against personal liability.
{519981.ARC.MISARC.00ARC } 5

C200710001519
Any repeal or modification of this Article shall not adversely affect any limitation hereunder on the
personal liability of any Officer or Director with respect to acts or omissions occurring prior to such
repeal or modification.
Name
0-11WOM"I"T
INCORPORATOR
Address
Alison R. Cayton 3605 Glenwood Avenue, Suite 500
Raleigh, North Carolina 27619
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the
State of North Carolina, the undersigned, constituting the incorporator of this Association, has
executed these Articles of Incorporation this fp_K day of April, 2007.
Alison R. Cayton
1519981 ARC MISARC.00ARC } 6

KENNETH M. KIRKMAN
ATTORNEY AT LAW
503 W. Thurman Road
New Bern, NC 28562
Email: [e-mail]
February 3, 2014
State of North Carolina
DENR, Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405
Dear Sir or Madam:
Telephone [phone]
Telefax 252-634-9900
Accompanying this letter is the package of information required to
request transfer of SW 060 553 from the current permittee, First
Troy SPE, LLC to Porter's Pointe Homeowners Association, Inc. This
package includes the following:
1. Transfer Request Form
2. Check for $40
3. Copy of recorded restrictive covenants
4. Copy of Articles of Incorporation for the Association
5. My title letter verifying that more than 50% of the lots have
been transferred
6. Board Resolution by the Association appointing the designated
contact person, and
7. Copy of November 4 inspection report.
If any additional information is needed, please contact me.
Sincer 1 ,
K neth M. Kirkman
encl.
RECEIVED
FEB 0 3 2014
FEB 0 3 2014
7
BY:

KENNETH M. KIRKMAN
ATTORNEY AT LAW
503 W. Thurman Road
New Bern, NC 28562
Email: [e-mail]
January 20, 2014
State of North Carolina
DENR, Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405
Dear Sir or Madam:
Telephone [phone]
Telefax 252-634-9900
This certification is presented in support of the Permit Transfer
Request submitted by First Troy SPE, LLC requesting that permit SW8
060 553 for the Porter's Pointe subdivision be transferred to
Porter's Pointe Homeowners Association, Inc.
As a licensed North Carolina attorney, I have examined sufficient
public records of New Hanover County to allow me to certify to you
that approximately 90% of all lots in Porter's Pointe have been
transferred from the permit holder to third parties. Thus, the
requirement that 50% or more of the lots have been transferred, as
set out in G.S. 143-214.7(c)2 has been met.
I also enclose a copy of the Articles of Incorporation of the
transferee, Porter's Pointe Homeowners Association, Inc. and I
further certify that this entity is duly organized under the laws
of the State of North Carolina, and is active and in good standing.
Should you have questions, please contact me.
Sincerely,
nne"MKir/km/an���
encl. ECEME
FEB 0 3 2014
BY: