SW8940820_HISTORICAL FILE_19941005

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 C140820
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
E� HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 01-0 O 2 O"
YYYYMMDD

\O�QF W ATF9oG
O T
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 6, 2006
Deloris Ryals
Ryals Investments LLC
906 Bayshore Drive
Wilmington, NC 28411
Subject: Stormwater Permit No. SW8 940820 Modification
Northchase -Williamsburg Place
High Density Project
New Hanover County
Dear Ms. Ryals
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a complete Stormwater Management Permit Application
for Northchase - Williamsburg Place on January 24, 2006. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 940820
Modification dated February 6, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until February 6, 2016, 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 request an adjudicatory hearing upon written request within thirty (30) 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. Drawer 27447, 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
Rhonda Hall, or me at [phone].
Sincerely
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:\WQS\STORMWAT\PERMIT\940820Mod.feb06
cc: David Hollis, PE, Hanover Design Services, P.A.
New Hanover County Building Inspections
City of Wilmington Stormwater Services
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Rhonda Hall
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Services-877.823-6748 One
Wilmington Regional Office Wilmington, NO 28405-3845 FAX [phone] Internet: h2o encstale.nc.us NOrtl7CarOfirla
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturalil

State Stormwater Management Systems "
Permit No. SW8 940820 Modification
STATE OF NORTH CAROLI
DEPARTMENT OF ENVIRONMEN NATURAL RESOURCES
DIVISIO WATER QUALITY
HIGH DENSITY
In accbcdanse-wiffi_the provisions of Article 21 of Chapter 143, Ge al Statutes of
e , North Carolina as amended, and other applicable Laws, Rulnd Regulations
PERMISSION IS HEREBY NTED TO
Deloris Ryals, Is Investments, LLC
- Williamsburg Place
New Hanover County
FOR THE
construction eration and maintenance of a wet detention pond ' mpliance with
the provisp s of 15A NCAC 2H .1000 (hereafter refarw as the "stor water rules')
and the pproved stormwater managemenIer>nd specifications a other
supp ing data as attached and o nth and approved by the ision of Water
rhis
ity and considered a this permit.
permits a effective from the date of issuanc ntil February 6, 2016, and shall
be su o the following specified conditions an mitations:
I. DESIGN STANDARDS
1. This permit is effective only w' respect to the nature and volume of stormwater
described in the applicatio nd other supporting data.
2. This stormwater systorh has been approved for the manageme stormwater
runoff as describe in Section 1.6 on page 3 of this a stor ater
control has bee designed to handle the r rom 145,000 squ feet of
impervious a a.
3. The tract ill be limite a amount of built -upon area i icated on page 3 of
this per t, and pproved plans.
4. All stormwater collection and treatment systems st be located in either
dedicated common areas or recorded easemen . The final plats for the project
will be recorded showing all such required ea ments, in accordance with the
approved plans.
5. The runoff from all built -upon area within t e permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7

1J �
State Stormwater Management Systems
Permit No. SW8 940820 Modification
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
Deloris Ryals, Ryals Investments, LLC
Northchase - Williamsburg Place
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond 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 February 6, 2016, 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 ps described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 145,000 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 940820 Modification
The following design criteria have been provided in the wet detention pond and
must be maintained at design condition:
a. Drainage Area, acres:
Onsite, ft :
Offsite, ftz:
b. Total Impervious Surfaces, ftz:
C. Design Storm, inches:
d. Pond Depth, feet:
e. TSS removal efficiency:
f. Permanent Pool Elevation, FMSL:
g. Permanent Pool Surface Area, ftz:
h. Permitted Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL
j. Controlling Orifice:
k. Permitted Forebay Volume, ft3:
I. Receiving Stream/River Basin:
M. Stream Index Number:
n. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
6.60
277,981
9,515
145,000
1
7.25
90%
27.0
5,000
15,372
29.15
1.5"0 pipe
N/A
UT Smith Creek / Cape Fear
18-74-63
"C; Sw"
1. 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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. 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 slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
Page 3of7

State Stormwater Management Systems
Permit No. SW8 940820 Modification
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. 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.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease 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.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. 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.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 940820 Modification
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
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) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 6t' day of February, 2006.
NORT AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
forAan W. Klimek, P.E., Director
Division of Water Quality.
By Authority of the Environmental Management Commission
Page 5 of 7

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
2
El
CURRENT PERMIT INFORMATION:
Stormwater Management Permit Number: -4082-0
Permit Holder's name: GAbewa!, -Je✓cfoPMen-r A-nL-
Signing official's name: �beAd I o*c r Title:
(person legally responsible for permit)
Mailing address: U&tchowri City:
State:_ ZipCode: Phone:
MIM
(Area Code and Number)
NEW OWNER / PROJECT / ADDRESS INFORMATION
(Area Code and Number)
This request is for: (please check all that apply)
a. Change in ownership of the property/company (Please complete Items
#2, #3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: Rpi s s n ✓cs + M c „+s L L c.
3. New owner's signing official's name and title: del ,)a.', s
l�(cm6cr �MA,Jo9�r
(Title)
4. New Mailing Address: 10G F3k4stioye �a City:
State: NC ZipCode: E / ll Phone: Ito W -4SS9 FAX: `fto 6E6 45T I
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:_
Page 1 of 2
Wilmington Regional Office One
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCarolina
Phone. [phone] / FAX [phone] / Internet: h2o.enr.sta(e.nc.us Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Natural J/

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
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance
will change ownership.
Maintenance records.
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 ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, IV ! A I 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 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:
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, 'be of�; s -! ars attest that this application for an ownership
change has been revi wed 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.
Signatu
THE COMPLETED
INFORMATION AND
ADDRESS:
I/- f-7- o.,
APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
MATERIALS, SHOULD BE SENT TO THE FOLLOWING
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
1. PROJECT INFORMATION
Project Name: /iforwl e e — 11/ A,t�s%ar 11ft�ce
Contact Person: eio I. t C _ d 1 t Phone Number: ( lio 1 i r(p - yts`I
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation 161. 7S ft. (floor of the basin)
Permanent Pool Elevation O ft.` (elevation of the orifice)
Temporary Pool Elevation .29 • l.S ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area S 00 sq. ft. (water surface area at the orifice elevation)
Drainage Area w .G o ac. (on -site and off -site drainage to the basin)
Impervious Area 3.33 ac. (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
Form SWU-IO2 Rev 3.99
NiA cu. ft. (combined volume of main basin and forebay)
5 31 Z cu. ft. (volume detained above the permanent pool)
NIA cu. ft. (approximately 20% of total volume)
%1 I. (surface area to drainage area ratio from DWQ table)
S in. (2 to 5 day temporary pool draw -down required)
1 in.
10 % (minimum 85% required)
Page I of 4

Footnotes:
When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. 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, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate 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. If a requirement has not been met, attach justification.
Applicants Initials
✓ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b. The forebay volume is approximately equal to 20% of the basin volume.
✓ c. The temporary pool controls runoff from the design storm event.
✓ d. The temporary pool draws down in 2 to 5 days.
N� e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
NSA f. The basin length to width ratio is greater than 3:1.
✓ g. The basin side slopes above the permanent pool are no steeper than 3:1
NSA h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
✓ i. Vegetative cover above the permanent pool elevation is specified.
✓ j. A trash rack or similar device is provided for both the overflow and orifice.
IY)4 k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does Kdoes not
This system (check one) 0 does Y
does not
incorporate a vegetated filter at the outlet.
incorporate pretreatment other than a forebay.
Forth SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads '- ''A feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 1114 feet in the forebay, the sediment shall be removed.
Sediment Re oval El. '
------------
Bottom Ele ation
FOY
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation
Sediment Removal Elevation Z /. 4 75 -
------------------------------------------- --0
Bottom Elevation /9' 7S 25/°
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99
Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
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: A- toy. s C
Date: /- f�- aGloG
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 division has been named the president.
h �VFK. a Notary P blic for the State of �aU�f' �it/ ,
Co of J ��J, do hereby certify that ,5 s
personally appeared before me this ' day of . 6 , and acknowledge the due
execution of the forgoing wet detention basin maintenance requir ents. Witness my hand and official seal,
SEAL
My commission expires
Form SWU-102 Rev 3.99 Page 4 of 4

%
af19� �
Uti
'rrrr�r�cQ Lily F'``ti

Michael F Easley, Governor
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 20. 2005
Ms. Deloris Ryals
906 Bayshore Drive
Wilmington, NC 28411
NOTICE OF INSPECTION:
Williamsburg Place @ NorthChase
Stormwater Project No. SW8 940820
New Hanover County
Dear Ms. Ryals:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on December 20, 2005 to determine
compliance with Stormwater Permit Number SW8 940820 issued on October 5, 1994.
A summary of the findings and comments are noted under Section 3 of the report. If you
have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Aut - I J�
Gary Beecher
Environmental Technician
EB/ghb: S:\WQS\STORMWAT\INSPECT\940820.Dec05
cc: David S. Hollis (Hanover Design Services)
WLilmington Regional-Office7
.,..TA
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service g
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

State Stormwater Management
Williamsburg Place
December 20, 2005
STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Williamsburg Place @ NorthChase
Project Number: 940820 Control Measure: Storm Pond
Water Body: UT of Smith Creek Classification: C-SW
Directions to site: Located off Highway 132
2. Inspection Date: December 20, 2005
Weather Conditions: Cold (40's)
3. Inspection Results:
The stormwater pond appears to be functioning correctly. The side slopes of the
pond are well grassed and not eroding. The rip/rap around the Eastern side of the
pond appears to be stable. The stormwater pond was certified by David Hollis of
Hanover Design Services on February 18, 2005.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office: [phone]
EB/ghb: S:\WQS\STORMWAT\INSPECT\940820.Dec05
2

Hanover
February 21, 2005
Ms. Linda Lewis, Environmental Engineer
Wilmington Regional Office, Water Quality Section
Department of Environment and Natural Resources, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 27405-3845
Re: Williamsburg Place, SW8 94082
New Hanover County
Dear Linda:
Attached please find three copies of the as -built plans for the above pond, the certification and
checklist. I have provided the new owner with a blank DENR name/ownership change form.
If you have any questions, please call or email me anytime. Thanks for your attention to this
matter.
Sincerely,
David S. Hollis, PE, PLS
Xc: Ryals Investments LLC
2940%vq Ldm
319 Walnut Street Wilmington, N.C. 28401 [phone]

Williamsburg Place @NorthChase
Subject: Williamsburg Place @NorthChase
From: Linda Lewis <[e-mail]>
Date: Tue, 01 Feb 2005 18:18:01 -0500
To: "David S. Hollis" <[e-mail]>
Dear David:
On November 17, 2004, the McGwiers sent me a change of ownership form for this
project, and indicated in their cover letter that you would be sending in the
Designer's Certification. I don't have a copy of the certification in the file. Can
you please forward this to me?
Thanks,
Linda
I of 1 2/1/2005 6:18 PM

Deloris Ryals McGwier
RE EIV
NOV 18 2004
November 17, 2004 gy.
Linda,
All violations of the Williamsburg pond have been corrected and the pond is ready for
certification. David Hollis with Hanover Design should be sending you a copy of the
Certification within the next 30 days.
If there is anything further you need from me, please let me know.
Deloris Ryals McGwier

Michael F. Easley, Governor
William G. Ross, Jr, Secretary
North Carolina Department of Environment and Natural Resources
Ii 1
Alan W. Klimek, P.E. Director
Division of Water Quality
November 4, 2004
Mr. Alan McGwier
906 Bayshore Drive
Wilmington, NC 28411
Subject: Williamsburg Place Pond
Stormwater Project No. SW8 940820
New Hanover County
Dear Mr. McGwier
The Division acknowledges your request to inform the Williamsburg Place HOA and the
NorthChase HOA of the intended actions of the Division regarding this detention pond. On
October 5, 1994, the Division issued a stormwater management permit for the Williamsburg
Place project to Dean Potter and Gateway Development, Inc. A portion of the proposed
development was completed. At some point, Mr. Potter went out of business and transferred
the undeveloped portion of the project to Mrs. Delores Ryals McGwier as repayment of a
business loan. The pond was not mentioned in the transaction, nor did Mr. Potter submit the
necessary paperwork to the Division to transfer the maintenance of the pond to the
homeowners.
The Division conducted a compliance inspection on February 8, 2001, and found several
deficiencies, which were outlined in a Notice of Violation addressed to Mr. Potter. The Notice
was returned unclaimed. A copy of the Notice was sent to Dave Latham with CEPCO, who
provided the Division with Mrs. McGwier's name and address as the new owner of the project.
Unaware of the terms of the business relationship between Mr. Potter and Mrs. McGwier, the
Division sent a letter to Mrs. McGwier requesting that the violations be addressed, that a
permit modification be submitted to address the proposed development, and that she negotiate
with the HOA to have them take over the permit.
The runoff from Williamsburg Place is treated in the pond. While the original permittee did not
fulfill his part of the permit bargain, he is long gone, and the Division is unable to ascertain his
wherabouts. The HOA benefits from this pond and could be held responsible for paying its fair
share of routine maintenance and its prorated cost of this latest effort on your part to bring it
into compliance. The HOA is technically in violation of NCGS 143-215.1 because their runoff is
being treated in a pond that they do not hold a valid permit for.
You indicated to me that you acted with the full knowledge of the HOA and was under the
impression that the HOA was going to reimburse you a prorated portion of the cost to bring the
pond into compliance, however, you have no documentation to support this claim. I
recommend arbitration so that the two of you can have a neutral third party make the
necessary decision on who is responsible for maintaining the pond and how to allocate the fair
cost of maintaining it. Whether the permit is issued to you or to the HOA does not matter to the
Division, but somebody needs to step up and take over the permit for this pond soon.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service14377-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.encstate.nc.us NOne
orthCaro/l/ina
An Equal Opportunity/Aff nnafive Action Employer— 50% Recycled110% Post Consumer Paper Natur'all //

Mr. McGwier
November 4, 2004
Stormwater Permit No. SW8 940820
Please consider that whoever takes over this pond can charge the other a "user" fee as
deemed appropriate by the parties. If either party doesn't want to pay the fee, then the
Division will require that they find suitable alternate treatment for their runoff and apply for a
permit. It is in everyone's best interest to have this dispute arbitrated and reach an
agreement soon because the Division intends to initiate action on this issue if an agreement
is not reached within the next 60 days.
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\2004\940820.nov04
cc: Tom Murchie, Association Manager, CEPCO
Linda Lewis
Page 2 of 2

lMbzIvII I
To: Linda Lewis
From: Alan McGwier
Linda, attached is an additional copy of the revised plan for Williamsburg Place
that you requested.
Thanks
404X2�1�
C Z Nvr

northchase
Subject: northchase
From: "Don Butler" <[e-mail]>
Date: Thu, 15 Jan 2004 12:47:20 -0500
To: "Lewis, Linda" <[e-mail]>
Linda,
I had mailed the homeowners association president a letter and it was returned.
The address he gave was for CEPCO. He said to use the street address. If your
corresopondence is returned, please send it to the below. -what a hassle.......
Richard Loeffert, Pres.
Northchase Homeowners Association
2502 South 17th St
Wilmington, NC 28401
Outgoing mail is certified Virus Free.
Checked by DKV anti -virus system (http://www.deerfield.com).
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1 of 1 1/23/2004 10:54 AM

Permit No. g40JZ0
(to be provided by DWOJ
State of North Carolina
Department of Environment and N^ S
Dlvisin-
CTn^�
hive- the
V
t;��e?Se
H ,
� � FORM
yu
�hch2s� l�A
DWO . P�¢ Slcrn
A com U
supplen J-hi5
structure n i
I. PRO 05
Project Na62511 b Se,
mGi� f�n z�
ha wet detention basin
oNL, � f e�f
UriZe`� J ;all basin and outlet
+he � /I f -rhe �J'I4hvr-
Contact Pet, J
For projects
elevations
Basin Bottom Elevation
lq,-75 fr.
Permanent Pool Elevation
2 �• Ci fr.
Temporary Pool Elevation
Za • 15 fr.
G Cv� y U
t, mis worksheet applies to:
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 5, CCO sq. ft. (water surface area at the orifice elevation)
Drainage Area ac. (on -site and off -site drainage to the basin)
Impervious Area 3,33 ac. (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume u1A cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume I5, 3 2 cu. ft. (volume detained above the permanent pool)
Forebay Volume cu. ft. (approximately 20% of total volume)
Other parameters
S.A/DAi
Diameter of Orifice
Design Rainfall
Design TSS Removal'-
(surface area to drainage area ratio from DTYQ table)
(2 to 5 day temporary pool draw -down required)
(minimum 85% required)
Form SWU-102 Rev 3 99 Page 1 of 4

Permit No. :5X 5 9 4{)6ZO
(to be provided by D 11'Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Manaeement Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all 'basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: i Ill2lrl S btlrV P12ce Co A&M Ch25 e
Contact Person: Phone Number: ( 1
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation i 5 ft. HSL (floor of the basin)
Permanent Pool Elevation 27, O ft. HSL (elevation of the orifice)
Temporary Pool Elevation 7-9-15 ft. HSL (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 5,000 sq. ft. (water surface area at the orifice elevation)
Drainage Area (Pt (D ac. (on -site and off -site drainage to the basin)
Impervious Area 2 5 ow aeii (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
cu. ft. (combined volume of main basin and forebay)
15 t 3 7 2 cu. ft. (volume detained above the permanent pool)
cu. ft. (approximately 20% of total volume)
1 t7 ( 16 (surface area to drainage area ratio from DWQ table)
1,15 in. (2 to 5 day temporary pool draw -down required)
I in.
_0 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
' When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious °b and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
'- In the 20 coastal counties, to pvide the requirement for a vegetative filter may be waived if the wet detention basin is designed ro
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90%TSS removal.
II. 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, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate 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. If a requirem t h
Applicants Initials
en as not been met, attach justification.
--4a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
✓b. The forebay volume is approximately equal to 20% of the basin volume. CFrlj�r- ki (q'115)
c. The temporary pool controls runoff from the design storm event.
`—`''�� d. The temporary pool draws down in 2 to 5 days.
l L_ e. If required, a 30-foot vegetative filter is provided at the outlet
.(include non -erosive flow
calculations) — `%0% 75S USeCl
--�✓ f The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
--_ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). - f r�o� fD
--�✓ i. Vegetative cover above the permanent pool elevation is specified. tcty5
=--� 1• A trash rack or similar device is provided for both the overflow and orifice.
- of k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
I. If the basin is used for sediment and erosion control during construction, cl
basin is specified prior to use as a wet detention basin. ean out of the
in. A mechanism is specified which will drain the basin for maintenance or an emergency.
9 arfZ"e PUry may be Usee(
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does 9-c oes not incorporate a vegetated filter at the outlet.
This system (check one) 0 does f/Y�oes not incorporate pretreatment other than a forebay.
FormSWIJ-102 Rev3.99
Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
f
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5. 4, feet in the main pond, the sediment shall be removed.
4 k
When the permanent pool depth reads feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 27.0
Sediment Re oval El. N� /75.—\-------- -----� Sediment Removal Elevation 2A , G 75%
Bottom Elevation 0 ------------------------------------------- ----
,J- Bottom Elevation 19.15 25%
-FOREBAY - NI/� MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form S WU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
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:
✓T;rIP• - �
J
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
1, , a Notary Public for the State of
County of do hereby certify that
personally appeared before me this day of and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires
Form SW-102 Rev 3.99 Page 4 of 4

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O
January 13, 2004
Mr. Al McGwier
906 Bayshore Drive
Wilmington, NC 28411
Subject: Williamsburg Place Pond
Stormwater Project No. SW8 940820
New Hanover County
Dear Mr. McGwier
Alan W. Klimek, P.E.,Dlrector
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Qualitv
I received the revised plan of Williamsburg Place showing the ditches, the revised outlet
structure detail and your proposed development. Please provide another copy of that
plan, as only 1 set was delivered. As previously discussed at our meeting in October,
you must apply for a separate offsite permit to drain your project into the Williamsburg
Place pond. I understand that you have also made arrangements with NorthChase HOA
to sigh the O&M and pay your fair share of the maintenance costs associated with your
development.
The original permit included the runoff from your development to be treated in the wet
pond. The plan from Hanover Design Services indicates that there is a total built -upon
area of 137,200 ft2 for the entire Williamsburg project, which is 7,800 ft2 less than the
permit allows.
Please provide me with the name and mailing address of the president of the
NorthChase Homeowner's Association. CEPCO only represents the HOA, and takes
care of collecting the monthly fees and scheduling the maintenance. They are not the
financially responsible party- NorthChase HOA is, or will be, as soon as they sign the
O&M form.
Your project may not proceed with construction until the outlet structure revisions are
done, NorthChase accepts the pond maintenance responsibility, and you have applied
for and received an offsite permit. 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\940820.jan04
cc: David Latham, CEPCO
Linda Lewis
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NODE"

12-19-03
To: Linda Lewis
From: Alan McGwier
Re: Williamsburg Place
4vvo
Linda these are the new drawings you requested from Hanover Design showing the
ditches. Please let me know if there is anything further you need for your file. You can
reach me on my cell phone at 617-0326.
V (2M
RECEIVED
DEC 1 9 2003
BY: _bv-

12'-4
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.4 2-:3O s F
►�D

Alan R. McGwier U u
906 Bayshore Drive
Wilmington, North Carolina 28411�-
Phone [phone]
Ms. Linda Lewis - L
North Carolina Department of Environment and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC 28405 \
RE: Permit No. SW8-940820
NorthChase-Williamsburg Place
New Hanover County
Dear Ms. Lewis,
I have met with Craig Wayne at Hanover Design to discussed the changes to the retention
pond at Williamsburg Place that you and I agreed on. Craig is in agreement that my
suggestion for modifying the existing box in its present location will work and he is in the
process of re -drawing the plan to show those changes. He should have the drawing ready
within the next couple of weeks
Timothy DeMayo, who is with CEPCO, the management company for the Williamsburg
Place HOA, and I met at Williamsburg Place and discussed the work that needs to be
done to bring the pond into compliance. DeMayo said that North Chase HOA would be
taking over the responsibility for the pond as they maintain all of the ponds in the
subdivision. North Chase has actually been handling the routine maintenance of the pond
for several years now even though the permit has never been transferred over to them. It is
my understanding that once the plans are received from Craig Wayne, North Chase HOA
will have the necessary work completed to bring the pond into compliance with state
regulations. Craig Wayne will then certify the pond is in compliance and his certification
along with an application for transfer of the permit will be submitted to your office. All of
this should be completed in a timely manner. Mr. DeMayo has said he would get in touch
with you as well as with Craig Wayne to get the matter taken care of.
Since neither Deloris nor I own any common area in Williamsburg Place and have no
responsibility for the retention pond, I consider our involvement now complete and have
turned the matter over to Mr. DeMayo.
Should you have any questions please fill free to give me a call.
Sincerely,
Alan R. McGwier
cc: Timothy DeMayo - CEPCO
Dick Loeffert - North Chase HOA
leg

Beth Easley Wetherill, CPESC
Soil Erosion Specialist
SEDIMENTATION INSPECTION REPORT
Project Grading Permit #:
Project: tQ l 14M
Person(s)Financially Resl
RE
New Hanover County
Engineering Department
230 Market Place Drive - Suite 160
Wilmington, North Carolina 28403
Phone: [phone]/Fax: [phone]
Email: [e-mail]
Location: /(1. Cf.of. , 0"4.w, WeJ-
Address: RO & (3a"yJ t Vr,- (3t W - (., .Jr— 21 t}i l
1. Pictures: Yes (T) # Weather & Soil Conditions: Ov' res s f,
2. Is site currently under Notice of Violation: Yes '
3. Is the site in compliance with NHC Soil Erosion & Sedimentation Control Ordinance? Yes ©o Circle violations below:
4. Violations: {Circle letter) — - —
(A) No approved plan. (B) Failure to follow approved plan. (C) Failure to submit revised plan.
(D) Failure to provide adequate ground cover. w (E) Insufficient measures to retain sediment on site.
jF) Failure to take all reasonable measures. (G) Inadequate buffer zone. (H) Graded slopes & fills too steep.
(I Unprotected exposed slopes. (J) Failure to maintain erosion control measures. (K) NPDES Problems
(L) Other (describe)
5. Has off -site sedimentation occurred since last inspection? Ye Degree: Slight Moderate Severe
6. Contact made with Title:
Inspection report given/sent
. Inspection Report sent to person(s)
8. Corrective Actions Needed:
F-"Jif+ 4 V- d-(,6 r. •pC
15
r'1 .
1/ e w g v 4
M
-ce4- Tl.'s needs da lie iepmrre� 6e ere. v/Ae rba [4vef_/,
ReportBy: Q3 t enjLFc r Date: 411 C. �o. Others
U3, dh [�ledh cr%ll
Time to Comply:.

EPC O
Coa tidm z�� & Property Control Corp.
March 18, 2003 r(L�l —
�%AR 2 2003
Mr. Rick Shiver, Water Quality Regional Supervisor /
North Carolina Department of Environment and Natural Resources (�
Division of Environmental Management _
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Permit No. SW8 940820
NorthChase —Williamsburg Place
New Hanover County
Dear Mr. Shiver:
Though we have spoken on several occasions by telephone over the years, as a matter of introduction,
I am the Association Manager of both the Williamsburg Place Homeowners Association and the
NorthChase Homeowners Association, and represent these Homeowner Associations by and through
their respective Boards of Directors. I was quite surprised to receive a NOTICE OF VIOLATION today
by certified mail, indicating that the Williamsburg Place Association is in violation of stormwater permit
#SW8 940820. To the best of my knowledge, the referenced permit was issued to P. Dean Potter, and
the Williamsburg Place HOA is not a party to that permit.
I would like to point out several facts that you may not have beer' aware of when you issued this
violation to my client. The majority of these facts were transmitted to your office by phone at various
times over the last four years, and again by letter to Ms. Noel Lutheran on January 15, 2003.
Williamsburg Place is a neighborhood located within the NorthChase community, whose members are
also members of the NorthChase Homeowners Association. Although Williamsburg Place has its own
homeowners association, historically, NorthChase Homeowners Association has taken the
responsibility of contracting for monthly water quality maintenance for all ponds (both permitted and
amenity ponds) within the NorthChase community. In anticipation of changing retention pond
maintenance contractors for 2003, 1 requested from your office (via Noel Lutheran) a copy of the permit
documents for each of the permitted stormwater retention ponds. The purpose of this request was to
identify exactly which ponds are permitted ponds versus amenity ponds, and to assure that the new
contractor would be familiar with and adhere to the maintenance requirements found in the permits.
Upon receiving the requested permit information, I discovered that none of the permits for ponds
located within NorthChase were issued to the NorthChase HOA, and the permit for the Williamsburg
Place stormwater management plan and detention pond remains in the name of P. Dean Potter of
Gateway Development, Inc. Additionally, I noted that the project name assigned to this stormwater
project, as reflected on the permit, is "NorthChase — Williamsburg Place".
At -the time of our request, it was not convenient for me to personally visit your office to collect the
requested information. A member of the NorthChase Board of Directors, Mr. Ron Ryan retrieved these
documents from your office on my behalf. It is my understanding that Ms. Lutheran was so kind to
review the permit file with Mr. Ryan, which included a discussion of outstanding fines and penalties
Professional Property Management
2502 South 17th Street • Wilmington, NC 28401 • 910/395-1500 • Fax [phone]

... � �- � - ' .. "t ri. it 11; -'t �.

Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. SW8 940820
levied against Mr. Potter, the permit holder, for non-compliance issues. The purpose of my writing
today is to document my client's position with respect to this permit, the prior violations and this
NOTICE OF VIOLATION.
As mentioned earlier, the Williamsburg Place development is located within the larger community of
NorthChase. As a result of certain recitals and restrictions found in the Declaration of Covenants,
Conditions and Restrictions for both NorthChase and Williamsburg Place respectively, the property
owners at Williamsburg Place pay homeowner assessments to both Associations. Since the
NorthChase Association is, in part, responsible for the management and maintenance of the
stormwater retention ponds within the community, at some point in the development of the Williamsburg
Place facility, the then developer, P. Dean Potter / Williamsburg Place LLC, approached the
NorthChase Board of Directors to request that the NorthChase Association include the Williamsburg
Place retention pond in its monthly water quality maintenance program. According to Mr. Potter, the
purpose of this request was to assure that the property owners at Williamsburg Place received an
equitable share of services from the NorthChase Association that the other property owners within
NorthChase enjoy.
Subsequent to Mr. Potter's request, the NorthChase FICA included this pond in its monthly water quality
pond maintenance program, and has maintained that aspect of this pond for several years. However,
the NorthChase Homeowners Association has never considered itself responsible for guaranteeing
permit compliance on this project, as it knew that the permit remained in Potter's name, and that Potter
remained responsible for the permit requirements. Additionally, the NorthChase Association was
unaware that its name was associated with the "identifying caption" found on this permit, until receiving
a copy of the current permit in January.
With respect to the current permit and/or permit holder, it is my understanding that Gateway, Inc.,
Gateway Development, Inc. and/or Williamsburg Place, LLC was a business partnership between P.
Dean Potter, Fredrick Block and the late Granville Ryals. I am informed that the late Mr. Ryals retained
the remaining undeveloped land within the Williamsburg Place development, which has now been
inherited by his wife, Ms. Delores Ryals. Further, I understand that any remaining property or dwelling
unit previously owned by Gateway Development (et al) as security for development activities has been
foreclosed by the respective mortgage lender(s), and the corporation is out of business.
I have personal knowledge that Ms. Ryals now considers herself the "developer' of the undeveloped
lots in Williamsburg Place, as she recently engaged in a conversation with the Williamsburg Place
Board of Directors regarding extending the time deadline by which the Declaration of Covenants,
Conditions and Restrictions would have extinguished the "developer's rights". Additionally, Ms. Ryals
agreed to serve on the Williamsburg Place Board of Directors as a means to protect her "developer
rights". I am informed that the remaining undeveloped lots have been deeded in the name of "Ryals
Investments". I understand that Mrs. Ryals has voiced intent to begin construction on additional
dwelling units shortly after the first of this year.
Shortly after my January 151" letter to Ms. Lutheran, by letter dated February 4, 2003 Ms. Linda Lewis
corresponded with Ms. Ryals regarding the condition of this retention pond, the previous violations
issued for non-compliance, instructions to correct the non -compliant issues and a request to make the
necessary provisions to transfer the permit to the proper party. I am informed that Ms. Ryals
responded to this letter. I have requested a copy of her response from your office. Although I have not
received it as yet, I understand that Ms. Ryals has taken the position that (a) the non-compliance issues
Page 2 of 7
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Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. SW8 940820
were created by P. Dean Potter, and not of her doing; (b) that she inherited the land in satisfaction of
her husband's investment in Mr. Potter's development scheme; (c) that the land upon which the pond is
situated was deeded to the Williamsburg Place H.O.A. by Mr. Potter; (d) that the Declaration of
Covenants, Conditions and Restrictions for Williamsburg Place make the Association responsible for
the maintenance of the pond; and (e) that she is not the party responsible for correcting the violations
nor the proper party to be the new permitee.
With those historical facts and understandings said, let me now address the specific issues outlined in
the NOTICE OF VIOLATION. I will respond to each matter in the same order they are presented in
your March 131h letter. For ease of reading, the violations are found in bold print, with our response
following each item in Italics.
The following unpermitted modifications have been made to the plans. All modifications
must be submitted to and approved by the Division prior to construction.
ADMITTED. Our past experience in numerous developments and retention ponds makes us aware
that any modification to a permitted plan must be approved prior to implementation. Our knowledge of
this fact is exemplified by the numerous phone conversations with members of your staff during the
past 4 years regarding this pond, as well as my January 15'h letter, all of which was in an attempt to
assist DEM in keeping track of this permitee, and assuring that DEM would hold the responsible party
responsible for the violations we knew existed.
1.a The layout of the project has been modified from what was originally approved, and an
access road has been added.
Neither Williamsburg Place HOA or NorthChase HOA has any knowledge of any changes or
modifications to the originally permitted plan, as neither of these entities were a party to the original
application, plan or implementation of the project. All preliminary and recorded plats in our possession
reflect the `access road" therefore, we must assume that it was always intended to be installed by the
developer of this project. Neither HOA has any knowledge that this access road was not included in
the original permit application.
1.b A portion of the permitted project has been conveyed to Mrs. Deloris McGwier by
Gateway, as payment for a loan made to Mr. Potter.
Upon information and belief, by numerous phone calls to your office and by letter dated January 15,
2003, 1 informed your office of the transfer of this property to Ms. Ryals (McGwier). Upon information
and belief, Mr. Granville Ryals was a ap rtner in Gateway. We have no knowledge of an alleged "loan"
Upon information and belief, Messrs. Ryals and Block were full partners in this enterprise, and therefore
should be jointly and severally liable for any violations or non-compliance actions taken by the
partnership.
1.c In addition to the unpermitted access road, a ditch was added which conveys runoff to
the pond. The drainage area to the pond may be affected by the addition of this ditch.
I am aware that a ditch exists which collects stormwater runoff from a portion of the site and directs the
flow of that runoff into the pond. We are unaware of said ditch being in violation, being unauthorized or
Page 3 of 7
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Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. S W 8 940820
being added after the permit was issued, as neither Williamsburg Place or NorthChase was involved in
any part of the original application or permit.
1.d The outlet structure is not located per the approved plans.
We have no knowledge of this allegation. Upon information and belief, the outfall structure has always
been located in its current location. Upon information and belief, when NorthChase initially took on the
'Water quality" maintenance of this pond (as described earlier in this letter) NorthChase paid for a new
trash rack to satisfy a violation issued by DEM. Mr. Potter was to reimburse NorthChase for this work.
Mr. Potter has failed and refused to reimburse NorthChase, despite liens being placed on Mr. Potter's
property. The last remaining lot owned by Mr. Potter, upon which a lien was filed in security for this
debt, was foreclosed by the mortgage lender, which extinguished the Association's ability to collect.
Neither NorthChase nor Williamsburg Place has any knowledge of the mis-placement of the outfall
structure, as neither association was involved in the originally approved plan or location. Neither was
either association responsible for the construction of the outfall structure.
1.e The original developer did not transfer the permit to the Williamsburg Place Owner's
Association.
ADMITTED. The purpose of my numerous phone calls to members of your staff, supported by my
January 15th letter, was to put you on notice that the association would not accept permit transfer with
the violations and non-compliance conditions. We always knew that either NorthChase or Williamsburg
Place would eventually become the permitee. For the reasons outlined elsewhere in this document,
neither entity should be held responsible for the violations, non-compliance issues or the corrective
measures necessary to bring the pond into compliance, as neither entity was responsible for the events
that resulted in the violations and/or the current condition of the pond.
Routine maintenance has not been performed on the system. The water level in the pond
was at the storage elevation, while the water inside the outlet structure was much lower,
indicating that the orifice may be clogged.
While the NorthChase Association has performed monthly "water quality" maintenance of this pond,
neither NorthChase nor Williamsburg Place had any knowledge of or responsibility for the maintenance
requirements reflected in this violation. Such responsibility rests with the original/current permitee,
which is the party whose actions resulted in the violations.
3. The required Designer's Certification has not been submitted.
Neither NorthChase nor Williamsburg Place has any knowledge of this allegation, as neither entity was
involved in the original application and/or permit. Neither NorthChase or Williamsburg Place was
involved in the design nor installation of any portion of this system, neither was either party responsible
for engaging the design engineer or assuring the submittal of such certification.
To correct these violations you must:
Page 4 of 7
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Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. SW8 940820
It is the position of NorthChase Homeowners Association and Williamsburg Place Homeowners
Association that neither of these entities caused or was responsible for the actions and/or events that
led to the issuance of this NOTICE OF VIOLATION. Therefore, both these entities believe they are not
responsible for the corrective actions necessary to remedy the violation.
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations and a time frame for completion of those actions, on or before April 13, 2003.
Neither NorthChase nor Williamsburg Place is responsible for submitting the requested `Plan of Action".
Such plan should be sought and obtained from the current permitee.
2. The property has changed ownership to the Williamsburg Place Owner's Association, but
Mr. Potter never transferred the stormwater permit. Since he cannot be located, and
since the pond was designed to accommodate the runoff from Williamsburg Place, it will
fall to the Association to submit the modification and provide for the required
maintenance to the pond. Essentially, the Association is treating runoff in a pond that it
was not permitted to use. Please submit a modification to the permit with Williamsburg
Place Owner's Association as the applicant, to address the modified layout, additional
access road, the potential change in the drainage area, and the outlet structure
relocation.
It is admitted that the ownership of the property has changed to Williamsburg Place HOA. As you are
well aware, it is typical of developers to deed the "common area" (inclusive of the retention pond) to the
HOA. Additionally, you are aware that the "stormwater maintenance requirement" found in the
Declaration of Covenants, Conditions and Restrictions is a requirement that is enforced by DEM when
permits are issued. I am informed by members of your staff that it is a typical ploy for developers who
are aware of violations or non-compliance issues to deed the pond land to the HOA, not transfer the
permit, then deny responsibility after the fact on the basis that they no longer own the land upon which
the pond is situated.
Mr. Potter can be located, his current contact information is:
P. Dean Potter
1626 Shadyside Road
Edgewater, MD 21037
work [phone]
home [phone]
Both Associations acknowledge that the pond was installed to accommodate the stormwater runoff
from Williamsburg Place, however, neither Association contemplated being saddled with an expectation
on the part of DEM to correct violations created by the original developer/permitee, which violations
DEM has known about for years. Additionally, as Association Manager for both Associations, I feel that
I went `above and beyond the call of duty" in my numerous attempts to notify your office of these
violations, and to keep your staff informed of the status of Potter's development company and the
successor in development rights and in title to the undeveloped land.
The Association's use of the pond to treat stormwater runoff that it was not permitted to use is not a
fault of the Association. The original permit was issued between DEM and P. Dean Potter (et al). The
Association was not a party to that permit, the design or construction of the pond, nor the events and/or
actions of the developer that lead to the violations. Therefore, neither Association has a direct liability
Page 5 of 7
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Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. SW8 940820
for the modification of the layout, the installation of an additional access road, the potential change in
the drainage area nor the relocation of an outlet structure that was constructed over eight (8) years ago.
3. Perform the required maintenance on the pond to unclog the orifice.
Neither Association is aware of a clogged orifice. Upon information and belief, the outfall structure was
installed with a "sumpwell" design, whereby the static water level is maintained by a `mouth"in the side
of the box, and an open lid to serve as an "overflow" both openings being covered by a trash rack.
While the current level of the pond may be at the "storage level", purely by its design, the outfall pipe
inside the outfall structure would have a lower level than the pond, unless the downstream drainage
features were clogged. To the best of my knowledge, there is no other orifice in the outtall structure
other than the "mouth" which if it were clogged, would be visibly evident to the inspector. None the
less, by the time you receive this letter, the NorthChase retention pond contractor will have been
notified of this matter, with request to "unclog the orifice':
4. Have an appropriate design professional provide the necessary inspection for purposes
of certifying the pond, and submit the written certification to the Division.
For the reasons outlined above, neither NorthChase or Williamsburg Place believe they are responsible
for hiring a professional engineer to certify the pond as a part of the original permit requirements. Such
certification should be sought from and supplied by the current permitee.
I recognize that the admonitions contained in the parting paragraphs of your letter are standard
language in any NOTICE OF VIOLATION, however, as indicated earlier, such penalties do not apply to
either of my clients. While both Associations are more than happy to cooperate with you and your staff
to bring this unfortunate matter to a favorable resolution, and also to take responsibility for the future
proper maintenance of this pond, neither of these entities is responsible for the existing violations and
non-compliance matters. Since neither of these Associations was involved in the original permit,
design or installation of this pond, neither were they a party to the developer's actions that lead to the
violations. Therefore, it is illogical to expect either of them to be responsible for the corrective actions
necessary to correct these violations.
Any attempt to enforce the Divisions' regulations by way of civil or criminal penalties against either of
my clients with respect to prior violations which the Division has allowed to go uncorrected for many
years will be met with the strongest available legal measures. These violations obviously occurred
during the period of active development of Williamsburg Place by its then developer, P. Dean Potter
and his partners. Division staff knew or should have known that these violations had occurred, existed
and remained unresolved, and the Division staff should have taken proper steps to correct these
violations, non-compliance issues and improperly located outfall structure when the violations occurred.
With all the efforts I have made on behalf of my clients to keep your staff abreast of Mr. Potter's
activities, the status of his development company and the successor developer, I am appalled that you
would now issue a violation to Williamsburg Place HOA with any expectation that the Association would
accept responsibility for Potter's failure. Before any action is taken against Williamsburg Place or
NorthChase, such action should first be initiated against Potter, Ryals and Block, as these are the
partners in the entity who created this problem.
Page 6 of 7
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Rick Shiver, NCDWQ
March 18, 2003
Stormwater Permit No. SW8 940820
Please let this letter serve as NOTICE that neither the NorthChase Homeowners Association nor the
Williamsburg Place Homeowners Association is the responsible party for any non-compliance issues
that may exist, or any remedial work that may be necessary to bring this pond into compliance. Neither
Association is responsible for the financial woes of the original developer, or the desire of the current
developer to escape responsibility for actions of a former partner.
Since it appears that the successor developer and current titleholder of the undeveloped lots intends to
continue development, my clients believe that the proper permit holder should be Ryals Investments.
Additionally, my clients believe that, due to the partnership arrangement, Ryals Investments would
naturally be considered the current developer, as they retain the only assets of the developer entity to
which they were a party. Regardless of the method by which this undeveloped property was obtained,
Ryals Investments should be considered the responsible party for all permit obligations until such time
as development is complete and the pond is certified as compliant with all permit requirements. At that
time, my client (Williamsburg or NorthChase) will be glad to accept transfer of permit responsibility and
provide for the future ongoing maintenance per the permit requirements.
At your earliest convenience, please advise of DEM's position on this matter.
Thanking you in advance for your kind attention to this important matter, I remain
Sincerely,
FOR BOARDS ECTORS
Jaidciation Manager
NorthChase H.O.A. and
Williamsburg Place H.O.A.
C.C. NorthChase BOD
Williamsburg Place BOD
Charles Meier, Esq.
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�0FMATF9Q Michael F. Easley, Governor
�O y North Carolina Department of Environvmllent t and NaturalG. Ross,rR sources
� r
> —1 Alan W. Klimek, P.E., Director
O C Division of Water Quality
Wilmington Regional Office
March 13, 2003
CERTIFIED MAIL #7002 2410 0006 9367 9181
RETURN RECEIPT REQUESTED
Williamsburg Place Owner's Association, Inc.
c/o CEPCO Realty
2502 South 17th Street
Wilmington, NC 28401
Subject: NOTICE OF VIOLATION
NorthChase-Williamsburg Place
Stormwater Permit No. SW8 940820
Dear Sir or Madame: New Hanover County
On March 13, 2003, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as NorthChase-Williamsburg Place, located at the intersection of
NorthChase Parkway and NC 132 in New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 940820,
issued to Mr. Dean Potter, Gateway Development, Inc., on October 5, 1994.
The project has been found in violation of Stormwater Permit Number SW8 940820,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
The following unpermitted modifications have been made to the plans. All
modifications must be submitted to and approved by the Division prior to
construction.
a. The layout of the project has been modified from what was originally
approved, and an access road has been added.
b. A portion of the permitted project has been conveyed to Mrs. Deloris
McGwier by Gateway, as payment for a loan made to Mr. Potter.
C. In addition to the unpermitted access road, a ditch was added which
conveys runoff to the pond. The drainage area to the pond may be affected
by the addition of this ditch.
d. The outlet structure is not located per the approved plans.
e. The original developer did not transfer the permit to the Williamsburg
Place Owner's Association.
2. Routine maintenance has not been performed on the system. The water level in
the pond was at the storage elevation, while the water inside the outlet structure.
was much lower, indicating that the orifice may be clogged.
3. The required Designer's Certification has not been submitted.
X�n
Nroit
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.0 28405 [phone] Fax [phone] Customerr service
800-623-7748

Williamsburg Place Owner's Association
March 13, 2003
Stormwater Permit No. SW8 940820
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before April 13, 2003.
2. The property has changed ownership to the Williamsburg Place Owner's
Association, but Mr. Potter never transferred the stormwater permit. Since he
cannot be located, and since the pond was designed to accommodate the runoff
from Williamsburg Place, it will fall to the Association to submit the modification
and provide for the required maintenance to the pond. Essentially, the Association
is treating runoff in a pond that it was not permitted to use. Please submit a
modification to the permit with Williamsburg Place Owner's Association as the
applicant, to address the modified layout, additional access road, the potential
change in the drainage area, and the outlet structure relocation.
3. Perform the required maintenance on the pond to unclog the orifice.
4. Have an appropriate design professional provide the necessary inspection for
purposes of certifying the pond, and submit the written certification to the
Division.
Failure to provide the "Plan of Action" by April 13, 2003, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000,
and may result in the initiation of enforcement action which may include recommendations for
the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Ms. Linda Lewis at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\940820.MAR03
cc: David Hollis, P.E.
Tony Roberts New Hanover County Building Inspections
I- inda-L-ewts
Central Office

February 14, 2003 ]
Mr. A.A. Saffo
Ryals, Robinson & Saffo, P.C.
PO Box 135
Wilmington, NC 28402
Subject: Pond Maintenance
Williamsburg Place @NorthChase
Project Number: SW8 940820
New Hanover County
Dear Mr. Saffo:
Thank you for responding so quickly to my letter and for the excellent information. Mr.
Latham was only trying to insure that the NorthChase HOA (the larger organization to which
Williamsburg Place also belongs) was not unjustly saddled with the responsibility of maintaining
the pond. No information was available regarding the conditions under which Mrs. McGwier
received the property, therefore, I reached the incorrect conclusion (as did Mr. Latham) that the
entire property had been transferred to her and that she should be responsible. I am notifying the
Williamsburg Place HOA that they must submit a modified stormwater permit application and
either get the permit put in their name or negotiate with the NorthChase HOA if they want to
transfer the permit and pond maintenance for Williamsburg Place.
One thing that Mrs. McGwier needs to be aware of is that the October 5, 1994, plans
approved by DENR show that the area of the 5 lots (Tract 1) conveyed to her by Mr. Potter is
definitely a part of the approved project area for Williamsburg Place. Tract 2 also appears to be
part of the Williamsburg Place project area, provided that Tract 2 is the property immediately
west of and adjacent Tract 1, and contains I buildings, numbered 25, 27, 32, 34, 36, 38, 40, 42,
44, 46 and 48 as described on Exhibit A and as shown on the map, both included with your
February 13, 2003, fax. Because both of the tracts appear to have been part of the previously
approved Williamsburg Place project, both are still subject to the permit conditions which
currently stipulate that the runoff from a maximum of 145,000 ftz of built -upon area will be
treated in the permitted wet detention pond.
Mrs. McGwier now owns portions of a previously approved project, but does not own the
stormwater pond for Williamsburg Place, therefore, she must now either apply for an offsite
stormwater management permit to allow her to treat the runoff from her project in the Williams-
burg Place pond, or she must apply for a stormwater management,permit to construct a separate
system to treat the runoff from her project. If the "assignment of development rights" does not
specifically give her the right to use the Williamsburg Place pond to treat the runoff, they are
under no obligation to accept it. Can you tell me if the "assignment of development rights"
legally gives her the right to use the pond? If it does, is she also required to contribute her share
of the maintenance costs to the Williamsburg Place HOA?

Mr. Saffo
February 14, 2003
Stormwater Permit Number SW8 940820
Please determine if Tract 2 of the properties conveyed to Mrs. McGwier is indeed a part
of the originally approved Williamsburg Place tract, and then determine if the development rights
assigned to her give her the right to use the Williamsburg Place pond to treat the runoff from her
properties, and if she is responsible for contributing a share of the maintenance costs. Once these
questions are answered, we can then determine the correct permitting route. I enclose an extra
file copy of the approved plans for your use in making these determinations. 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\2003\940820-2.FEB03
cc: Dave Latham, NorthChase Homeowner's Association, c/o CEPCO Corp.
Williamsburg Place Owner's Association, Inc., c/o CEPCO Corp.
Linda Lewis
David S. Hollis, P.E.

FEB-13-2003 13:02
RYALS ROBLNSON SAFFO
P.01i15
RYALS, ROBINSON & SAFFO, P.C.
ATTORNEYS AND COUNSELORS AT LAW
POST OFFICE BOX 135
WILMINGTON, NORTH CAROL)NA 28402
GRANVILL6 A. RYALS (1929.1997)
AMNONY A, SAFFO+a
ROBIN WICKS ROBINSON'
CAMERON C. BUSH°
+CILIO 51CC4Y , Pie =LAW
' CswnRe S►lCu 1- w y LAW
Cp,It Fw y LwM wrm SLPplp11%rn,Rr Nmtxwp
° I.L .TA M.
701 MARKET STREET
TELEPHONE [phone]
FACSIMILE: 910.763.4004
E-MAIL• RRSPC®BELLYOOTII.N"
PLEASE DELVER THE FOLLOWING PAGES) TO: Dare:
L) n d a ke-c.-)is Recipient's Name
CompanyvBusiness
C9iD� 35,i) - a�aV Facsimile Number
THIS MATERIAL FROM:
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COMMENTS:
Sender's Name
TOTAL NUMBER OFPAGES TRANSMITTED INCL UDING THIS PAGE: 14
TAKE NOTICE:
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY -PRIVILEGED
AND CONFIDENTL4L INFORMATIONINTENDED ONLY FOR THE USE OF THE INDIVIDUAL
OR ENTITY NAMED AS RECIPIENT. IF THE READER IS NOT THE INTENDED RECIPIENT,
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATIONINERROR, PLEASE NOTIFY US IMMEDIA TEL YBY TELEPHONE COLLECT,
AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA U.S. POSTAL
SERVICE. r9Wr XCftW J *V1PLCOV

h
RYALS. ROBINSON & SAFFO,, P.C.
ATTORNEYS AND COUNSELORS AT LAW
POST OFFICE BOX 135
WILMINGTON, NORTH CAROLINA 28402
GRANVILLE A. RYALS (1929-1997)
ANTHONY A. SAFFO+
ROBIN WICKS ROBINSON`
CAMERON C. BUSH
+Certified Specialist
Estate Planning & Probate Law
'Certified Family Law and Superior Court Mediator
February 13, 2003
Via Fax and
Regular Mail
Ms. Linda Lewis
Environmental Engineer
Division of Water Quality
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Williamsburg Place
Stormwater Project No. SW8 940820
Dear Lewis:
701 (MARKET STREET
TELEPHONE:[phone]
FACSIMILE: 910 763-4004
E-MAIL: rrspcObellsouth.net
�! FE13 1 << 203 'I ,
I am writing on behalf of Mrs. Deloris Ryals (now
Deloris McGwier) in response to your letter to her of February
4, 2003, a copy of which is attached for your reference.
Mrs. McGwier takes issue with your letter wherein you claim
that, as "new owner" of the Williamsburg Place development, she
is responsible for maintenance and operation of the retention
pond.
The stormwater management permit for the development
was issued to Gateway, Inc., which is a corporation owned by
Mr. P. Dean Potter, who developed Williamsburg Place.
Mrs. McGwier's late husband, Granville Ryals, was not Dean
Potter's partner but rather he had loaned money to the
project. When the project was completed, Mr. Potter defaulted
on the loan. Mr. Ryals then passed away, and Mrs. Ryals sought
to collect what Potter owed. Because Potter did not have the
money to pay, he conveyed to Mrs. Ryals Lots 19, 21, 23, 28
and 30, Phase 1, Section 8, of Williamsburg Place, and 1.71
acres of adjacent land which was to be designated as Section 9,
but which has never been subjected to the Declaration or

made part of Williamsburg Place. Please see the enclosed
copy of the deed marked as Exhibit "A" whereby Mrs. Ryals
acquired this property. I have also enclosed a survey map copy
as Exhibit "B" which highlights the property she acquired.
In addition to the land, Potter caused his company,
Williamsburg Place, LLC, to assign to Mrs. Ryals any development
rights he had to develop the 1.71 acres and add it to the
subdivision. See enclosed copy of Assignment of Development
Rights marked Exhibit "C".
Mrs. Ryals (McGwier) is not responsible for the operation
or maintenance of the retention pond at Williamsburg Place for
the following reasons:
1. She acquired only a group of lots in the subdivision
and a tract of land which has not been made a part
of the subdivision. She did not acquire any portion
of the common areas except as a percentage for being
a lot owner. The "development rights" she acquired
give her the right to develop only the property she
acquired for purposes of adding it to Williamsburg
Place, and not to development of the subdivision as
whole.
2. All common areas, including the retention pond, were
conveyed by Mr. Potter's company to the Williamsburg
Place Owners Association, Inc. See copy of enclosed
deed marked Exhibit "D". They were not acquired by
Mrs. Ryals.
3. There is a Stormwater Maintenance Agreement recorded
in Book 2003, Page 1027, New Hanover Co. Registry,
which states that the Owner's Association has the
responsibility to maintain the pond. See enclosed
Exhibit "E".
Mrs. McGwier does not intend to sign the Name/Ownership
Transfer forms, the Operation and Maintenance Plan, or any other
documents which would place responsibility for the stormwater
management of Williamsburg Place upon her. What is most
disturbing about your letter is that your allegation that she is
responsible appears to be based solely upon a letter from Dave
Latham, the Association Manager of Northchase, without any
independent corroboration. Please contact the Williamsburg
Place Owner's Association to pursue these matters further.
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA 28402-0135

Thank you and I am
Very Truly Yours,
RYALS, ROBINSON & SAFFO, P.C.
a�
A. A. Saffo
TAS/tS
cc: Deloris McGwier
RYALS, ROBINSON & SAFFO, P.C.
WILMINGTON, NORTH CAROLINA Z$AOZ-O i.35

FEB-13-2003 13:04 RYALS ROBLNSON SAFFO P.06i15
FOR RR®EGLRI T�rjlptSTIRN
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pV623-626 F�N$n2j000
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`CL iNSTRU11rN
This instrument was prepared by: Ryals, Robinson, & SalTb, PC, P.O. Box 135,
Wilmington, NC 28402
Brief description for the Index: Tract I' Lots 19,21,23,28,30, Phase One, Section 8,
Williamsburg Place
Tract 2: Metes & Bounds adjacent to Williamsburg
Place
Parcel Number: Part of RO-2611-006-00
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER GENERAL WARRANTY DEED
THIS DEED, made and entered into this 27th day of December, 2000, by and between
WILLIAMSBURG PLACE, LLC, hereafter GRANTOR, and RYALS INVESTMENTS, LLC,
whose mailing address is: 906 Bayshore Drive, Wilmington, NC 28411, hereafter GRANTEE. The
designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neutor as required by context.
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in the County of New Hanover and State of North
Carolina, and more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
TO HAVE AND HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has
the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except:
RYALs, R02INSON S GAIPO, P.C.
70 1 MARKET 6TRELT
WILMINGTON. NORTH CAROLINA 28401
1
RETIV... -- �0 W

FEB-13-2003 13:05 RYALS ROBLNSON SAFFO P.07i15
1. All restrictive covenants of record;
2. Ad valorem taxes for the year of 2001 and thereafter;
3. All utility easements, permits and rights of way of record;
4. All zoning, land use and planning rules, regulations, ordinances and statutes;
1N WITNESS WHEREOF, Grantor has hereunto set his hand and seal, or if corporate, has caused
this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors, the day and year first above written.
WILLIAMSBURG PLACE, LLC, (Seal)
a North Carolina limited liability company
BY: - (/ (Seal)
P. Dean Potter, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, S-1 Rk' �-- . a Notary Public of the County and the state aforesaid
do hereby certify that P. Dean Potter indivi ually and in his capacity as Manager of Williamsburg
Place, LLC, a North Carolina Limited Liability Company personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes herein expressed.
Witness my hand and official stamp or seal, this the a.j day of December, 2000.
My Commission Expires:
I�I--va- a003
(AFFIX NOTARIAL SEAL)
Gi1HA7- r.!.
eyei' R'UBLIG:'�:.
, y A. ........
. ;
Record of Poor Quality Due To
Condition of Original Document
GS.16144
RYALs, ROBINSON & SAFFO, P.C.
701 MARKET STREET
WILMINGTON, NORTH CARou" 28401
Z

FEB-13-2003 13:05 RYRLS ROBLNSON SRFFO P.08i15
Exhibit "A"
Tract 1:
Being all of Lots 19, 21, 23, 28 and 30, Phase One, Section Eight, Williamsburg Place as shown on
Map entitled "Map of Williamsburg Place, Phase One, Section Eight", as recorded in Map Book 39
at Page 255 of the New Hanover County Registry, reference to which is made for a more particular
description.
Tract 2:
A ccrtain tract or parcel of land lying and being in Cape Fear Township, New Hanover County,
North Carolina, and being a portion of the 6.64 Ammons Land Company, Inc. as shown at
MapBbook 34 page 82 of the New Hanover County Register of Deeds Office, Records of New
Hanover County, North Carolina, and being more particularly described as follows:
Beginning on an existing iron pipe located on the western line of N.C. Highway #132 (South College
Road 200' right of way) said iron being the southeastern most comer of the above mentioned 6.64
acre tract and S 16-31-43 E 590.41 ft. from the intersection of the western right of way South
College Road with the centerline of Northchase Parkway West (90' public right of way);
Proceed thence with the southern line of the above mentioned 6.64 acre tract S 73-28-16 W 377.28
ft. to a point, thence ITT 65-17-48 W 400.15 ft. to a point on the eastern right of way ofNorthchase
Parkway West (50' public right of way), thence with said right of way N 24-42-12 E 88.94 ft. to a
point, thence leaving said right of way S 66-00-00 E 70.00 ft. to a point, thence N 88-29-58 E 53.66
ft. to a point on the western line of a 20' access and utility easement as shown on a plat of
Williamsburg Place, Phase 1 Section 3 at Map Book 36 Page 367 of the New Hanover County
records, thence with said easement S 01-30-02 E 15.30 ft. to a point, thence with a curve to the left
having a radius of 70.00 ft. and a chord bearing and distance of S 34-33-34 E 76.37 ft. to a point,
thence S 67-37-06 E 72.87 ft. to a point, thence leaving the western edge of the easement N 22-22-54
E 47.79 ft. to a point, thence N 72-14-59 E 116.90 ft. to a point, thence S 17-45-01 E 36.68 ft. to a
point, thence N 77-47-48 E 175.98 ft. to a point, thence S 14-15-53 E 49.83 ft. to a point, thence S
72-50-13 E 140.62 ft. to the point of beginning and containing 1.71 acres, according to computations
by Hanover Design Services, P.A. in March of 1999_
All bearings are relative to Map Book 34 Page 251.
LESS AND EXCEPT ALL THE PROPERTY located in Phase One, Section Eight, Williamsburg
Place including all Common Areas and Lots as shown on Map entitled "Map of Williamsburg Place,
Phase One, Section Eight", as recorded in Map Book 39 at Page 255 of the New Hanover County
Registry, reference to which is made for a more particular description.
ALSO TOGETHER WITH an easement for ingress, egress and regress over the common areas of
Williamsburg Place as shown on those various maps recorded in Map Book 36 at Page 310, Map
Book 36 at Page 367, Map Book 37 at Page 116, Map Book 38 at Page 277, Map Book 38 at Page
322, Map Book 39 at Page 104, and Map Book 39 at Page 255 of the New Hanover County Registry.

FEB-13-2003 13:05
RYRLS ROBLNSON SRFFO
P.09/15
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
.1v............. ........fet.afrlf 1v1rv..f..........................*.*.......................fb N.N...O.f.o
Filed For Registration: 12/28/2000 01:40:50 PM
Book: RE 2858 Page: 623-626
Document No.: 663272
DEED 4 PGS $12.00
NC REAL ESTATE EXCISE TAX: $121.00
Recorder: JACQUELINE NELSON
f.fffffa Yffffi.....ffffvvN.tf.fffffffiNfff)*.......................f.f.....faffH ......fffvfttefe..bfffffYfaafN
State of North Carolina, County of New Hanover
The foregoing certificate of CINDE G HATHAWAY NotaW13\cert1fied tR be cortrcf. Pis 28TH of December 2000
REBECCA T. CHRISTIAN , REGISTER OF DEEDS By:
p egis er of Deeds
1ltaNlf...........f......e.ffff.atfa.......Hf.ou...............uf............ov.....vvo.. HM..........
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*663272*
663272

FEB-13-2003 13:06 RYALS ROBLNSON SRFFO
P.10/15
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FEB-13-2003 13:06 RYALS ROBLNSON SRFFO P.11i15
FOR PFOgFCCA T R&M16TY" &0tSTJR OF pEFA
ae�e6ece °�eaiMM�TTa: He
stz.ae
aK-1tJs�i Ppt1AE11Ta• E91174
Phis instrument was prepared by: Ryals, Robinson, & Saffo, PC, P.O. Box 135,
Wilmington, NC 28402
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER ASSIGNMENT OF DEVELOPMENT RIGHTS
THIS ASSIGNMENT OF DEVELOPMENT RIGHTS, made and entered into this 27th day of
December, 2000, by and between WILLIAMSBURG PLACE, LLC, hereafter ASSIGNOR, and
RYALS INVESTMENTS, LLC, whose mailing address is: 906 Bayshore Drive, Wilmington, NC
28411, hereafter ASSIGNEE.', The designation Assignor and Assignee as used herein shall include
said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
WHEREAS, Assignee has this day purchased from the Assignor that real property described in
Exhibit A attached hereto.
WHEREAS, Assignor intends to include with said transfer of property the transfer of all Developer
rights necessary to develop the real property and incorporate the same within the Williamsburg Place
Development.
NOW THEREFORE, the Assignor, for a valuable consideration paid by the Assignee, the receipt of
which is hereby acknowledged, has and by these presents does assign, grant, bargain, sell and convey
unto the Assignee any and all development rights and special declarant rights associated with the
property described in the attached Exhibit "A". By accepting this assignment, Assignee accepts no
responsibility for any prior acts or obligations of Assignor, for which Assignor hereby agrees it is
solely responsible Assignor further agrees to indemnify Assignee for any liability Assignee may incur
as a result of Assignor's prior obligations including the reimbursement of Assignee's attorneys fees
if necessary
IN WITNESS WHEREOF, Assignor and Assignee have hereunto set their hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written.
Assignor:
WILLIAMSBURG PLACE, LLC, (Seal)
a North Carolliiinnaa limited liability copany
BY: Zone. _ 4&jG-- (Seal)
P. Dean Potter, Manager
Assignee:
RYALS INVESTMENTS, LLC, (Seal)
a North Carolina limited liability company
BY: J X"iIA, 4 c-Ak (Seal)
Deloris C. Ryals, Madager
RYALS. ROBINSON S SAPPO. P.C.
70I MARKET STREET
WILMINGTON. NORTH CMaUwA 28401
I RETi UA-NED TO �iLS

FEB-13-2003 13:07 RYRLS ROBLNSON SAFFO P.12i15
after recording to
was prepared by
for the Index
STA
FOR REGISTRRTZON REGISTER GF DMS
2F1iW K"OVER owryr�NC
BR 9 61 P6�111 88101893 PM
EpR
rNSrALWarr V 2001e1376eS10 GG
Wamsburg Places Association, Inc
1 d.�� TJ
Ryals, Robinson, & Saffo, PC, P O Box 135,
Wilmington, NC 28402
Common Area Williamsburg Place Phase 1, Sections 1-8
Part ofRO-2611-006-038-000
GENERAL WARRANTY DEED
THIS DEED, jrr id an entered into this 27th day of December, 2000, by and between
WII:LIAMSB ereafter GRANTOR, and WILLIAMSBURG PLACE
OWNERS ASSO N, efeafter GRANTEE The designation Grantor and Grantee
as used herein shall m p their heirs, successors, and assigns, and shall include singular,
plural, masculine, femu i or ute�a rpqurred by context
ETH
That the Grantor, for a valuab s rat paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these p s s grant, bar sell and convey unto the Grantee in fee
supple, all that certain lot or parcel o d situated a Co of New Hanover and State of North
Carolina, and more parncularly described as fqR6ws,,n
Being all the Common Areas located Willi;
Two, Three, Four, Five, Six, Seven, and Ig
recorded in Book 36 at Page 310, Book 36 a
38 at Page 227, Book 38 at Page 322, Boc
255 of the New Hanover County Registry,
more particular description
TO HAVE AND HOLD the aforesaid lot or parcel of land
thereto belonging to the Grantee in fee simple
Phase One, Sections One,
d recorded on those maps
)ok 37 at Page 116, Book
" and Book 39 at Page
vhlcl�ks hereby made for a
And the Grantor covenants with the Grantee, that Grantor is seized o
the right to convey the same in fee simple, that title is markel
encumbrances, and that Grantor will warrant and defend the utle
persons whomsoever except
RVALS. ROBINSON S SAfFO, P C
70 1 NARKGT STRCLT
WIL INGTON, NORTH CMOUNA 28401
1
appurtenances
simple, has
dear of all
1a ms of all
ea

FEB-13-2003 13:07 RYRLS ROBLNSON SAFFO P.13i15
All restnctive covenants of record,
Ad valorem taxes for the year of 2001 and thereafter,
All utility easements, permits and rights of way of record,
All zoning, land use and planning rules, regulations, ordinances and statutes,
11Iect to Deeds of Trusts recorded in Book 2663 at Page 932 and Book 2663 at Page
83163 of the New Hanover County Registry
antor has hereunto set his hand and seal, or if corporate, has caused
its corporate name by its duly authorized officers and its seal to be
fits Board of Directors, the day and year first above written
COUNTY OF NEW HANOVER
do hereby certify that P. Dean Potter m
Place, LLC, a North Carohna Limited Li
acknowledged the due execution of the
Witness my hand and official stamp or
My Commission Expires
Iz-na-aoo3
(AFFIX NOTARIAL SEAL)
WILLIAMSBURG PLACE, LLC,
a North Carolina htmted liability company
fl��sg� � (Seal)
P Dean Potter, Manager
RYAi9. ROBINSON S $AMO, P C
701 MARKET STREET
I_MINGTON, NORTH CAROUNA 2e401
he County and the state aforesaid
:ity as Manager of Williamsburg
r appeared before me this day and
the purposes herein expressed
day of December, 2000

. FEB-13-2003 13:09 RYRLS ROBLNSON SAFFO
P.14/15
=BECCA T CHRISTIAN
R OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
INCESS STREET
ILVNGTON. NC 28401
Filed For Registration.
Document No..
State of North Carolina, County of New Hanover
The foregoing certificate of CINDE G HATHAWAY
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
*2001013756*
2001013756
This 11TH of April 2001
Deeds
Al

13:08 RYRLS ROBLNSON SRFFO
P.15/15
2003 1027 564)8rT E
STCa TZR Nku"SWOM PLM
a MLIRIMMUM FLAM
IC sball be the responsibility of the
toinepeetiom and
daffat of the storammter system located
Is 9444piname pI. =.-
pLUM MOMS ASSOCIAIMM.
A*Mide the services of a Vernon
a inspect the storawater Oman oa
basis W=Wjdy cc as seededi for
pipe Blockage. The
any tzaah or debris
a the catch basins or
blockages eball be
miners Association for
RECORDED aRD VERIFLM
MART SUE DDT_'-
RECISTER CF DEUS kr
NEW HANOVER CD. RC
Annual 1'aspections I
be made to Bete
excessive
has
sediments io as
occurred to
that the en
elevation of
bottom is more t
foot above the o
pond kwttse el i
the sedimentation 1
be removed at least o
the original pond bottom
elevation.
Annual inspections shall
be made to determine if
excessive plant growth
has occurred. I If the
plant growth has
progressed to the poise
that it interferes with
the effectiveness of the
pond, it shall be
removed.
Any sloughing, erosion,
or vegetative washout of
the stormrater detention
facility shall be
repaired to obtain the
design depth. slopes, and
TOTRL P.15

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
February 4, 2003
Mrs. Deloris Ryals
Ryals Investments, LLC
906 Bayshore Drive
Wilmington, NC 28411
Subject: Pond Maintenance / Transfer of Ownership
Williamsburg Place @NorthChase
Stormwater Project No. SW8 940820
New Hanover County
Dear Mrs. Ryals:
On October 5, 1994, the Division of Water Quality issued a stormwater management
permit (copy enclosed) to Gateway, Inc., for the development of Williamsburg Place
@NorthChase with a wet detention pond to treat the stormwater runoff. I understand through a
letter we received from Dave Latham, Association Manager of NorthChase, that Mr. Dean Potter
and your late husband were business partners associated with Gateway, Inc. Mr. Latham's letter
also indicates that your corporation has taken over the project and will be continuing with the
development of Williamsburg Place. Since you are now the new owner, you are responsible for
the development, operation and maintenance of the permitted project. Please complete, sign and
return the enclosed Name/Ownership transfer form, and the Operation and Maintenance plan so
that the permit may be transferred to you, as required under the statutes.
Any outstanding violations must be addressed prior to the Division transferring the
permit. A Notice of Violation was issued on March 1, 2001, (copy attached), and includes
unpermitted modifications to the site plan, additional built -upon area, sediment accumulation,
additional drainage area, and failing to submit the required Designer's Certification. Attempts to
contact Mr. Potter were unsuccessful. If you know where he is, please feel free to contact him to
contribute his fair share of the costs to bring the project into compliance with the permit.
If it is your intent to have the NorthChase Homeowner's Association become the
permittee, you must negotiate those terms with the Association directly. Upon resolution of those
negotiations, please submit the appropriate paperwork to transfer the permit to the Association.
By copy of this letter to the New Hanover County Building Inspections Department, we are
notifying them that until the pond is in compliance and the Stormwater permit is transferred,
building permits in Williamsburg Place should be withheld.
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\940820.FEB03
cc: Dave Latham, CEPCO
David S. Hollis, P.E., Hanover Design Services
Linda Lewis AtA
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer service
800-623-7748

Entity Names http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?52975
North Carolina
Elaine F. Marshall DEPARTMENT OFTHE
Secretary SECRETARYOFSTATE
PO Box 29622 Raleigh, INC 27626-0622 [phone]
rtantVNotice
orate Forms -
orations FAQ
Form Notice
✓ Certification
Date: 2/3,
Document
Corporation Names
Name Name Type
Ryals Investments, LLC Legal
Limited Liability Company Information
of -Revenue: >
t SOSID:
0574571
Senate Bills `
Status:
Current -A
Bill Summaries"
al.Reports 1997:
Date Formed:
12/19/2000
rations 199T
Citizenship:
Domestic
Legislation'"
State of Inc.:
INC
,rporate Name
ew Co rporation
Duration: _—_—_____,_____
P_erpetual_
islered A en9 t ":�
Registered Agent
Agent Name:
Ryals, Deloris
Registered Office Address:
906 Bayshore Dr
Wilmington INC 28411
::; Registered Mailing Address:
'
906 Bayshore Dr
Wilmington INC 28411
.";
t:
Principal Office Address:
No Address
Principal Mailing Address:
No Address
Bar -Coded Forms
F
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Ad
Click here for help downloading forms.
1 of 1 2/3/2003 4:59 PM

CPCO
Consolidated Estate &Property Control Corp.
January 15, 2003
Ms. Noel Lutheran
North Carolina Department of Environment and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC .28405
RE: Permit No. SW8 940820
- NorthChase—Williamsburg Place
New Hanover County
Dear Ms. Lutheran:
JA 117 2( 03
Though we have spoken on several occasions by telephone, as a matter of introduction, I am the
Association Manager of the NorthChase community and represent the NorthChase Homeowners
Association by and through its Board of Directors.
Iri-anticipation; of changing retention pond maintenance contractors for 2003, 1 requested from your
office a copy ,of"the , permit documents -for each of the permitted stormwater retention ponds located in
the NorthChase-community.,_Upon-receiving the requested permit inforrrlation;'we discovered that the
permit for the Williamsburg, Place "stormwater, management, plan and detention pond remains in the
name of P. Dean Potter of Gateway Development, Inc. Additionally, we note that the project name
assigned to this stormwater project as reflected on the permit is "NorthChase — Williamsburg Place".
At the time of our request, it was not convenient for me to personally visit your office to collect the
requested information. A member of the NorthChase Board of Directors, Mr. Ron Ryan retrieved these
documents from your office on my behalf. It is my understanding that you were so kind to review the
permit file with Mr. Ryan, which included a discussion of outstanding fines and penalties levied against
the permit holder for non-compliance issues. The purpose of my writing today is to document my
client's position with respect to this permit.
As I am sure you are aware, the Williamsburg Place development is located within the larger
community of NorthChase. As a result of certain recitals and restrictions found in the Declaration of
Covenants, Conditions and Restrictions for both NorthChase and Williamsburg Place respectively, the
property owners at Williamsburg Place pay homeowner assessments to both Associations. Since the
NorthChase Association is, in part, - responsible for the management and maintenance of the
stotinwater retention ponds within the community, at some point in the development of the Williamsburg
Place'facility;"the then„developer,, P. Dean Potter, approached the'NorthChase Board of Directors to
regpest'that the NorthChase. Association ihclude the Williamsburg pond in its monthly water quality
maintenance; program. "According to Mr. ,Potter, the purpose of:this request was to assure -that the
property -owners at -Willi., amsburg Place received ah equitable share of services from the NorthChase
Association that the other property owners within NorthChase enjoy.
\\server\apps\wp51\assoctns\noch\pond\dem)sP8P�.g51006al Property Management
2502 South 17th Street • Wilmington, NC 28401 • 910/395-1500 • Fax [phone]

A

., . a
Subsequent to Mr. Potter's request, the NorthChase HOA included this pond in its monthly water quality
pond maintenance program, and has maintained that aspect of this pond for several years. However,
the NorthChase Homeowners Association does not consider itself responsible for guaranteeing permit
compliance on this project. Additionally, the NorthChase Association was unaware that its name was
associated with the "identifying caption" found on this permit.
With respect to the current permit and/or permit holder, it is my understanding that Gateway, Inc. and/or
Gateway Development, Inc. was a business partnership between P. Dean Potter and the late Granville
Ryals. Further, I understand that any remaining property or dwelling unit previously owned by Gateway
Development as security for development activities has been foreclosed by the respective mortgage
lender(s). It is further my understanding that all assets of Gateway, Inc. and/or Gateway Development,
Inc. have been liquidated and this corporation is out of business, with the remaining partner (Mr. Potter)
having left the state.
With respect to the remaining undeveloped land within the Williamsburg Place development, I am
informed that this property is now owned by the widow of Mr. Potter's former business partner, Mrs.
Delores.Ryals, who I believe has retitled the land in the name of "Ryals Investments". I understand that
Mrs. Ryals has voiced an intent to begin construction on additional dwelling units shortly after the first of
this year.
By way of this letter, it is the intent of my client to put you on NOTICE that the NorthChase
Homeowners Association is not the responsible party for any non-compliance issues that may exist or
any remedial work that may be necessary to bring the pond into compliance. Since the demise of the
original project developer, and the appearance that the subsequent title holder of the undeveloped lots
has an intent to continue development, my client believes that the proper permit holder should be Ryals
Investments, and that entity should be considered the responsible party for all permit obligations.
At your earliest convenience, please advise of DEM's position on this matter.
Thanking you in advance for your kind attention to this important matter, I remain
Sincerely,
FOR THE BOA OF DIRECTORS
avid Lat m
Association Manager
NorthChase H.O.A.
C.C. Noel Lutheran, NCDEM
NorthChase BOD
\\server\apps\wp5I\assoctns\noch\pond\dem wbp pond.doc

P. 1
FILE MODE
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127 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( APR.18.2001
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---------------
89107729456
9:14RM ) * * *
TTI NCDENR WIRO
RESULT PAGE
--------------------------
OK P. 3/3
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State ofNortll Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
i
i
Michael F. Easley, Governor
William G. Ross jr., Secretary
FAX COVER SHEET
Date: No, Of Pages:
To: CZ-644, a IL�-IA From:
CO: CO:
FAX #: O _
6 FAX#:[phone]
REMARKS:
127 Cnrdinnl Drive Extension, Wilmington, N.C, 28405.3845 Telephone [phone] Fnz [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment
''and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Division of Water Quality
March 1, 2001
CERTIFIED MAIL, 97000 1670 0005 7382 2572
RETURN RECEIPT REQUESTED
Mr. Dean Potter, President
Gateway Development, Inc.
2307 N College Road
Wilmington, NC 28405
Dear Mr. Potter:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
NorthChase-Williamsburg Place
Stormwater Permit No. SW8 940820
New Hanover County
On February 8, 2001, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as NorthChase-Williamsburg Place, located off NC Flwy 132 on NorthChase Parkway in New
I lanovcr County, North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 940820, issued to Gateway Development, Inc. on October 5, 1994.
The project has been found in violation of Stormwater Permit Number SW8 940820, issued pursuant to the
requirements of 15A NCAC 21-1.1000. The violations found are:
1. Changes not shown on the approved plans have been made to the 'site without first having the
modifications permitted. There is a new addition of a second access road from NorthChase Parkway
into the development. This increase in built upon area may necessitate an enlargement of the wet
detention pond.
2. Due to the age of the pond and the ongoing construction on the site the amount of sediment
accumulation is in question. The original depth of the pond was designed to be 7.25 feet below
permanent pool elevation of 27.0 FMSL.
3. The overflow weir located on the outlet structure at elevation 29.15 FMSL needs to have some type
of trash guard covering it to prevent trash from flowing down stream.
4. Debris surrounding and inside the outlet structure prevented staff from inspecting the sire and
location of the 1.5 inch outlet orifice.
5. Along with the new addition of road came the installation of a ditch that drains into the pond. This
ditch brings to question the overall drainage area to the pond.
6. The professional engineer's certification has not been completed and/or submitted to this Office.
7. From contact with NorthChase's property manager, CLPCO, the State has been made aware that the
property has had a transfer of ownership. According to the permit a transfer of ownership requires
that the permit be modified to reflect the new owners. Until such time that the permit is transferred
to the new owner the State will continue to hold Gateway Development, Inc. and/or it's officers
responsible for the conditions in the permit, including operation and maintenance on the pond.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper

Mr. Potter
February 8, 2001
Stormwater Permit No. SW8 940820
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or before March 8, 2001.
2. Check the depths throughout the pond and if the pond depth is reduced to 75%of the original design
depth, sediment should be removed to at least the original design depth of 7.25 feet.
3. Place a trash guard over the overflow weir to prevent floating trash and debris from entering the
outlet structure.
4. Inspect the outlet orifice for elevation, size and unclog if necessary.
5. Along with the submittal of the application for modification have the drainage area to the pond
delineated. Water Quality staff will inspect the new ditch and determine if any of the property
adjacent to Williamsburg Place should be considered wetlands and are hence being drained by the
ditch.
6. If there is to be no physical change in the size of the pond then please have the engineer's
certification completed for the pond and development and have it forwarded to this Office.
7. Please copy this letter to the current owners of the property and have them contact Mr. Scott Vinson
in this Office to explain the permit transfer procedures.
Failure to provide the "Plan ofAction" by March 15, 2001, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Mr. Scott Vinson at (9) 0) 395-3900.
Sincerely,
rl, 1 C —V
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:\WQS\STORMWA'l1NO'I'ICE\940820.1-,EB
cc: Mr. David Hollis, P.E.
Mr. Tony Roberts, New Hanover County Building Inspections
David Latham, CEPCO
Wilmington Regional Office
Central Office

Mr. Potter
February 8, 2001
Stormwater Permit No. SW8 940820
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or before March 8, 2001.
2. Check the depths throughout the pond and if the pond depth is reduced to 75% of the original design
depth, sediment should be removed to at least the original design depth of 7.25 feet.
3. Place a trash guard over the overflow weir to prevent floating trash and debris from entering the
outlet structure.
4. Inspect the outlet orifice for elevation, size and unclog if necessary.
5. Along with the submittal of the application for modification have the drainage area to the pond
delineated. Water Quality staff will inspect the new ditch and determine if any of the property
adjacent to Williamsburg Place should be considered wetlands and are hence being drained by the
ditch.
6. If there is to be no physical change in the size of the pond then please have the engineer's
certification completed for the pond and development and have it forwarded to this Office.
7. Please copy this letter to the current owners of the property and have them contact Mr. Scott Vinson
in this Office to explain the permit transfer procedures.
Failure to provide the 'Plan of Action" by March 15, 2001, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 21-1.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
if you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:\WQS\STORMWAT\NO"IICE\940820.FEB
cc: Mr. David Hollis. P.E.
Mr. Tony Roberts, New Hanover County Building Inspections
David Latham, CEPCO
Wilmington Regional Office
Central Office

Entity Naines hnp://www.Secretary.state.nc.us/corporations/Corp asp?4838872
NI
101
Corporations
Date.
2/8/2001
Document
Filings
Corporation Names
Name
Name Type
GATEWAY DEVELOPMENT, INC.
Legal NC
Business Corporation Information
SOSID: 0181065
Status: Current -Active Name
Date Formed: 1/17/1986
Citizenship: Domestic
State of Inc.: NC
Duration: Perpetual
Registered Agent
Principal Office Address
Agent Name: POTTER, P DEAN
3801 Cherry Ave
Registered Office 2307 N College Rd
Wilmington NC 28403-6209
Address: Wilmington NC 28405
Registered Mailing 2307 N College Rd
Address: Wilmington NC 28405
1 01' 1 02/08/2001 10:01 AM

State of N:trth Carolina
Depa, tment of Environment
and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Division of Water Quality
February 8, 2001
CERTIFIED MAIL #7000 1670 0005 7382 2589
RETURN RECEIPT REQUESTED
Mr. Dean Potter, ]'resident
Gateway Development, Inc.
2307 N College Road
Wilmington, NC 28405
a'S4ja,
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
3h 101
1,,7�(14 5
�
r/�—&W(� A.?/1ljr.ro
Subject: NOTICE OF VIOLATION
NorthChase-Williamsburg Place
Stormwater Permit No. SW8 940820
_n nN ew Hanover n P�
Dear Mr. Potter: I ►'h �^ �M1esl `IM, te' `�
ISM r'w+r
-,- aq/sY ce l It ­7
W Y 1
On February 8, 2001, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as NorthChase-Williamsburg Place, located off NC Hwy 132 on NorthChase Parkway in New
Hanover County, North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 940920, issued to Gateway Development, Inc. on October 5, 1994.
The project has been found in violation of Stormwater Permit Number SW8 940920, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
Changes not shown on the approved plans have been made to the site without first having the
modifications permitted. There is a new addition of a second access road from NorthChase Parkway
into the development. This increase in built upon area may necessitate an enlargement of the wet
detention pond.
Due to the age of the pond and the ongoing construction on the site the amount of sediment
accumulation is in question. The original depth of the pond was designed to be 7.25 feet below
permanent pool elevation of 27.0 FMSL.
3. The overflow weir located on the outlet structure at elevation 29.15 FMSL needs to have some type
of trash guard covering it to prevent trash from flowing down stream.
4. Debris surrounding and inside the outlet structure prevented staff from inspecting the size and
location of the 1.5 inch outlet orifice.
Along with the new addition of road came the installation of a ditch that drains into the pond. This
ditch brings to question the overall drainage area to the pond.
The professional engineer's certification has not been completed and/or submitted to this Office.
From contact with NorthChase's property manager, CLPCO, the State has been made aware that the
property has had a transfer of ownership. According to the permit a transfer of ownership requires
that the permit be modified to reflect the new owners. Until such time that the permit is transferred
to the new owner the Slate will continue to hold Gateway Development, Inc. and/or it's officers
responsible for the conditions in the permit, including operation and maintenance on the pond.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper

Mr. Potter
February 8, 2001
Stormwater Permit No. SW8 940820
To correct these violations you must :
Provide a written 'Plan ofAction" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or before March 8, 2001.
2. Check the depths throughout the pond and if the pond depth is reduced to 75% of the original design
depth, sediment should be removed to at least the original design depth of 7.25 feet.
3. Place a trash guard over the overflow weir to prevent floating trash and debris from entering the
outlet structure.
4. Inspect the outlet orifice for elevation, size and unclog if necessary
5. Along with the submittal of the application for modification have the drainage area to the pond
delineated. Water Quality staff will inspect the new ditch and determine if any of the property
adjacent to Williamsburg Place should be considered wetlands and are hence being drained by the
ditch.
6. If there is to be no physical change in the size of the pond then please have the engineer's
certification completed for the pond and development and have it forwarded to this Office.
Please copy this letter to the current owners of the property and have them contact Mr. Scott Vinson
in this Office to explain the permit transfer procedures.
Failure to provide the "Plan of Action" by March 8, 2001, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 21-1.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
I f you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
a",
Rick Shiver V
Water Quality Regional Supervisor
RSS\sav: S:\WQS\S"fORMWA'I\NOTICE\940820.FEB
cc: Mr. David Hollis, P.E.
Mr. Tony Roberts, New Hanover County Building Inspections
Wilmington Regional Office
Central Off -ice

State of North Carolina
Department of EnvirSnment
and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Division of Water Quality
February 8, 2001
CERTIFIED MAIL #7000 1670 0005 7382 2589
RETURN RECEIPT REQUESTED
Mr. Dean Potter, President
Gateway Development, Inc.
2307 N College Road
Wilmington, NC 28405
Dear Mr. Potter:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
NorthChase-Williamsburg Place
Stormwater Permit No. SW8 940820
New Hanover County
On February 8, 2001, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as NorthChase-Williamsburg Place, located off NC Hwy 132 on NorthChase Parkway in New
Hanover County, North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 940820, issued to Gateway Development, Inc. on October 5, 1994.
The project has been found in violation of Stormwater Permit Number SW8 940820, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
1. Changes not shown on the approved plans have been made to the site without first having the
modifications permitted. There is a new addition of a second access road from NorthChase Parkway
into the development. This increase in built upon area may necessitate an enlargement of the wet
detention pond.
2. Due to the age of the pond and the ongoing construction on the site the amount of sediment
accumulation is in question. The original depth of the pond was designed to be 7.25 feet below
permanent pool elevation of 27.0 FMSL.
3. The overflow weir located on the outlet structure at elevation 29.15 FMSL needs to have some type
of trash guard covering it to prevent trash from flowing down stream.
4. Debris surrounding and inside the outlet structure prevented staff from inspecting the size and
location of the 1.5 inch outlet orifice.
Along with the new addition of road came the installation of a ditch that drains into the pond. This
ditch brings to question the overall drainage area to the pond.
The professional engineer's certification has not been completed and/or submitted to this Office.
From contact with NorthChasCs property manager, CEPCO, the State has been made aware that the
property has had a transfer of ownership. According to the permit a transfer of ownership requires
that the permit be modified to reflect the new owners. Until such time that the permit is transferred
to the new owner the State will continue to hold Gateway Development, Inc. and/or it's officers
responsible for the conditions in the permit, including operation and maintenance on the pond.
127 Cardinal Dr. Ext.. Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper

Mr. Potter
February 8, 2001 '
Stonnwater Permit No. SW8 940820
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or before March 8, 2001.
2. Check the depths throughout the pond and if the pond depth is reduced to 75% of the original design
depth, sediment should be removed to at least the original design depth of 7.25 feet.
Place a trash guard over the overflow weir to prevent floating trash and debris from entering the
outlet structure.
4. Inspect the outlet orifice for elevation, size and unclog if necessary.
5. Along with the submittal of the application for modification have the drainage area to the pond
delineated. Water Quality staff will inspect the new ditch and determine if any of the property
adjacent to Williamsburg Place should be considered wetlands and are hence being drained by the
ditch.
6. If there is to be no physical change in the size of the pond then please have the engineer's
certification completed for the pond and development and have it forwarded to this Office.
7. Please copy this letter to the current owners of the property and have them contact Mr. Scott Vinson
in this Office to explain the permit transfer procedures.
Failure to provide the "Plan of Action" by March 8, 2001, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Mr. Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:\WQS\STORMWAT\NOTICE\940820.FEB
cc: Mr. David Hollis, P.E.
Mr. Tony Roberts, New Hanover County Building Inspections
V4ilmittgton_Regio�tal-0fli 7
Central Office

➢O
This instrument was prepared by:
Brief description for the Index
Parcel Number:
Exwarr A
FOR REGISTRPT ION REGISTER OF DEEDS
REBECCP
T COUNTY,PN
NEW 29 ol COUNTY, WC12 00
2000 DECDPG 623-6260FEE:$1
DK 205NC REVENUE STPMP s12i-00
INSTRUMENT 0 663272
Ryals, Robinson, & Saffo, PC, P.O. Box 135,
Wilmington, NC 28402
Tract 1 Lots 19,21,23,28,30, Phase One, Section 8,
Williamsburg Place
Tract 2. Metes & Bounds adjacent to Williamsburg
Place
Part ofRO-2611-006-001-000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER GENERAL WARRANTY DEED
THIS DEED, made and entered into this 27th day of December, 2000, by and between
WILLIAMSBURG PLACE, LLC, hereafter GRANTOR and RYALS INVESTMENTS, LLC,
whose mailing address is: 906 Bayshore Drive, Wilmington, NC 28411, hereafter GRANTEE. The
designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neutor as required by context
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in the County of New Hanover and State of North
Carolina, and more particularly described as follows:
SEE ATTACHED EXHIBIT "A"
TO HAVE AND HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has
the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except:
RYALs, ROBINSON S. SAFFO, P.C.
70 1 MARKET STREET
WILMINGTON, NORTH CAROLINA 28401
RETU:- - �i

1. All restrictive covenants of record,
2. Ad valorem taxes for the year of 2001 and thereafter;
3. All utility easements, permits and rights of way of record,
4. All zoning, land use and planning rules, regulations, ordinances and statutes,
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, or if corporate, has caused
this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors, the day and year first above written.
WILLIAMSBURG PLACE, LLC, (Seal)
a North Carolina limited liability company
BY ZP
6Z�: (Seal)
P. Dean Potter, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, G has- 6 a Notary Public of the County and the state aforesaid
do hereby certify that P. Dean Potter indivi ually and in his capacity as Manager of Williamsburg
Place, LLC, a North Carolina Limited Liability Company personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes herein expressed.
.th
Witness my hand and official stamp or seal, this the a7 day of December, 2000.
NOTARY PUBfIlff At
My Commission Expires.
_ Ia--va-- aoo3
(AFFIX NOTARIAL SEAL)
HA Tyi f
o:N0TAgI
n .PUBLIC:','..
n
Record of Poor Quality Due To
Condition of Original Document
G.S.161.14
RYALS, ROBINSON & SAFFO, P.C.
701 MARKET STREET
WILMINGTON, NORTH CAROUNA 28401
2

Exhibit "A"
Tract 1:
Being all of Lots 19, 21, 23, 28 and 30, Phase One, Section Eight, Williamsburg Place as shown on
Map entitled "Map of Williamsburg Place, Phase One, Section Eight", as recorded in Map Book 39
at Page 255 of the New Hanover County Registry, reference to which is made for a more particular
description.
Tract 2:
A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County,
North Carolina, and being a portion of the 6.64 Ammons Land Company, Inc. as shown at
MapBbook 34 page 82 of the New Hanover County Register of Deeds Office, Records of New
Hanover County, North Carolina, and being more particularly described as follows:
Beginning on an existing iron pipe located on the western line of N.C. Highway # 132 (South College
Road 200' right of way) said iron being the southeastern most comer of the above mentioned 6.64
acre tract and S 16-31-43 E 590.41 ft. from the intersection of the western right of way South
College Road with the centerline of Northchase Parkway West (90' public right of way);
Proceed thence with the southern line of the above mentioned 6.64 acre tract S 73-28716 W 377.28
ft. to a point, thence N 65-17-48 W 400.15 ft. to a point on the eastern right of way ofNorthchase
Parkway West (50' public right of way), thence with said right of way N 24-42-12 E 88.94 ft. to a
point, thence leaving said right of way S 66-00-00 E 70.00 ft. to a point, thence N 88-29-58 E 53.66
ft. to a point on the western line of a 20' access and utility easement as shown on a plat of
Williamsburg Place, Phase I Section 3 at Map Book 36 Page 367 of the New Hanover County
records, thence with said easement S 01-30-02 E 15.30 ft. to a point, thence with a curve to the left
having a radius of 70.00 ft. and a chord bearing and distance of S 34-33-34 E 76.37 ft. to a point,
thence S 67-37-06 E 72.87 ft. to a point, thence leaving the western edge of the easement N 22-22-54
E 47.79 ft. to a point, thence N 72-14-59 E 116.90 ft. to a point, thence S 17-45-01 E 36.68 ft. to a
point, thence N 77-47-48 E 175.98 ft. to a point, thence S 14-15-53 E 49.83 ft. to a point, thence S
72-50-13 E 140.62 ft. to the point of beginning and containing 1.71 acres, according to computations
by Hanover Design Services, P.A. in March of 1999.
All bearings are relative to Map Book 34 Page 251.
LESS AND EXCEPT ALL THE PROPERTY located in Phase One, Section Eight, Williamsburg
Place including all Common Areas and Lots as shown on Map entitled "Map of Williamsburg Place,
Phase One, Section Eight", as recorded in Map Book 39 at Page 255 of the New Hanover County
Registry, reference to which is made for a more particular description.
ALSO TOGETHER WITH an easement for ingress, egress and regress over the common areas of
Williamsburg Place as shown on those various maps recorded in Map Book 36 at Page 310, Map
Book 36 at Page 367, Map Book 37 at Page 116, Map Book 38 at Page 277 , Map Book 38 at Page
322, Map Book 39 at Page 104, and Map Book 39 at Page 255 of the New Hanover County Registry.

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
lf1R#R*#1!#t#ifffl111hRtt#ififlf!*R#**11R#itt11f11f#RR*#11t#11ff1RRR*#11t1f1R*RRhh#fAR*#tt#ifftllRf***h*tR##ilRtlf Rtlfft
Filed For Registration: 12/28/2000 01:40:50 PM
Book: RE 2858 Page: 623-626
Document No.: 663272
DEED 4 PGS $12.00
NC REAL ESTATE EXCISE TAX: $121.00
Recorder: JACQUELINE NELSON
++++++*++f»+%+iitift11f11R%*#+i%tlfifllf!*1RR11Rfi%t#if11f1111f++#iilflflR11h11fiif+iit#++++++++11f++++++++++++++++++++
State of North Carolina, County of New Hanover
n
The foregoing certificate of CINDE G HATHAWAY Nota i certified be co ck' I. 71s28TH of December 2000
REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: 9
of Deeds
%%f#it11111f%%f*%%*%%##iillffff*%%%*%%%%#AR1fR11ff**%%*%%%#%%iffi!%*11%%#f!f#flff111111f1f*ff%*#4%%#%#iR#111fffl11ff111f
*663272*
663272

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i E,IsI r c.
FOR RREBECCA T NCHRISTIAN OF DEEDS
�I NEE HRNOVER COUNTY, NC
2000 DEC 28 01:40:80 PM
SK:20INSTRUMENT8d0663274=12.00
-Phis instrument was prepared by: Ryals, Robinson, & Saffo, PC, P.O. Box 135,
Wilmington, NC 28402
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER ASSIGNMENT OF DEVELOPMENT RIGHTS
THIS ASSIGNMENT OF DEVELOPMENT RIGHTS, made and entered into this 27th day of
December, 2000, by and -between WILLIAMSBURG PLACE, LLC, hereafter ASSIGNOR, and
RYALS INVESTMENTS, LLC, whose mailing address is: 906 Bayshore Drive, Wilmington, NC
28411, hereafter ASSIGNEE. The designation Assignor and Assignee as used herein shall include
said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine
or neutor as required by context.
WHEREAS, Assignee has this day purchased from the Assignor that real property described in
Exhibit A attached hereto.
WHEREAS, Assignor intends to include with said transfer of property the transfer of all Developer
rights necessary to develop the real property and incorporate the same within the Williamsburg Place
Development.
NOW THEREFORE, the Assignor, for a valuable consideration paid by the Assignee, the receipt of
which is hereby acknowledged, has and by these presents does assign, grant, bargain, sell and convey
unto the Assignee any and all development rights and special declarant rights associated with the
property described in the attached Exhibit "A". By accepting this assignment, Assignee accepts no
responsibility for any prior acts or obligations of Assignor, for which Assignor hereby agrees it is
solely responsible. Assignor further agrees to indemnify Assignee for any liability Assignee may incur
as a result of Assignor's prior obligations including the reimbursement of Assignee's attorneys fees
if necessary.
IN WITNESS WHEREOF, Assignor and Assignee have hereunto set their hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers
and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written
Assignor:
WILLIAMSBURG PLACE, LLC, (Seal)
a North Carolina limited liability company
6t_BY: Z Oa(Seal)
P. Dean Potter, Manager
Assignee:
RYALS INVESTMENTS, LLC, (Seal)
a North Carolina limited liability company
BY: I GZAk (Seal)
Deloris C. Ryals, Ma ager
RYALS, ROBINSON S SAFFO, P.C.
701 MARKET STREET
WILMINGTON, NORTH i CAROIJNA 28401 RETUF ED To

!r recording to
�h1 strument was prepared by
e es p on for the Index
az um
STA O INA
COUN Y R
THIS DEED, d an en t rec
WILLIAMSBU A L
OWNERS ASSO N
as used herein shall in p
plural, masculine, femim or utc
G<H tgrr �
FOR REGIS
REBECCRTRRTION REGISTER OF DEEDS
NEW 7 VCHRISTIRN
2001 APPR11 02W04 P f9 N
BKINS9TR PG 1891-1893 FEE S10 00
UMENT t 2001013758
Tiamsburg Pla Owners Association, Inc
. /3i< i-!r/g—
w;./,h, A44-,s,r., A2 2 54 tl3 ,
Ryals, Robinson, & Saffo, PC, P O Box 135,
Wilmington, NC 28402
Common Area Williamsburg Place Phase I, Sections 1-8
Part ofRO-2611-006-038-000
GENERAL WARRANTY DEED
Into this 27th day of December, 2000, by and between'
ereafter GRANTOR, and WILLIAMSBURG PLACE
ea t GRANTEE The designation Grantor and Grantee
their heirs, successors, and assigns, and shall include singular,
as quired by context
That the Grantor, for a valuab> c S rat paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these pre nts es grant, bar sell and convey unto the Grantee in fee
simple, all that certain lot or parcel o d situated e Cou ty of New Hanover and State of North
Carolina, and more particularly described as f ws
:� )
Being all the Common Areas located 16,1ya
Two, Three, Four, Five, Six, Seven, and Fig -
recorded in Book 36 at Page 310, Book 36 a
38 at Page 227, Book 38 at Page 322, Bo(
255 of the New Hanover County Registry,
more particular description
Phase One, Sections One,
d recorded on those maps
)ok 37 at Page 116, Book
M4, and Book 39 at Page
rhich s hereby made for a
TO HAVE AND HOLD the aforesaid lot or parcel of land a�an 1 d e and appurtenances
thereto belonging to the Grantee in fee simple
And the Grantor covenants with the Grantee, that Grantor is seized o nu in a simple, has
the right to convey the same in fee simple, that title is marketabl a f an ear of all
encumbrances, and that Grantor will warrant and defend the title agar s e la�4i)i l cl ins of all
persons whomsoever except / %
Me
RYAL9, ROBINSON IS. $AFFO, P C
701 MARKET STREET
V`/II-MMOTON, NORTH CAROUNA 28401

All restrictive covenants of record,
Ad valorem taxes for the year of 2001 and thereafter,
All utility easements, permits and rights of way of record,
All zoning, land use and planning rules, regulations, ordinances and statutes,
ject to Deeds of Trusts recorded in Book 2663 at Page 832 and Book 2663
63 of the New Hanover County Registry
has hereunto set his hand and seal, or if corporate, has caused
its corporate name by its duly authorized officers and its seal to
Fits Board of Directors, the day and year first above written
STATE OF NORTH CAROLIN)
COUNTY OF NEW HANOVER
do hereby cemfy that P. Dean Potter in
Place, LLC, a North Carolina Limited L
acknowledged the due execution of the
Witness my hand and official stamp or
My Commission Expires
(AFFIX NOTARIAL
-ReeeW of Pat
CondiYon of 0
G.S.
WILLIAMSBURG PLACE, LLC,
a North Carolina lirmted liability company
L (Seal)
P Dean Potter, Manager
RYAIS. ROBINSON & $AI O
701 MARKET STREET
LMINGTON, NORTH CAROUNA
2
he County and the state aforesaid
-ity as Manager of Williamsburg
i appeared before me this day and
the purposes herein expressed
day of December, 2000

=BECCA T CHRISTIAN
R OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
=I INCESS STREET
I NGTON, NC 28401
Filed For Registration.
Document No..
State of North Carolina, County of New Hanover
The foregoing certificate of CINDE G HATHAWAY
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
*2001013756*
2001013756
This 11TH of April 2001
Deeds

2003 1027 F-,<H)3rr r
SPCRmaTBR NanrrEm lm pL"
YILLIJN SMM PLACE
It shall be the responsibility of the
WILLIADISHIMG PLACE OWMRs ^SSOaATI(M. ISCC.,
to ide the following inspections and
t of the storarater system located
in toe
PLACE:
PLACE GWIERg ASSOCIMCB,
rovide the services of a person
� inspect the stormweter system on
basis (monthly or as needed) for
Pipe
Blockage.
The
e any
trash
or debris
in the
catch
basing
-or
i bloom
shall
be
Owners
Association
for
RECORDED AND VERIFIED
MARY SUE OOTS
RECISTER CF DEEDs 1/
NEW HANOVER Co. RC
Annual ? mpections 1
be made to dete
excessive r
has ac
sediments io as
occurred to ext
that the en
elevation of
bottom is more t one
foot above the o
pond bottom el i
the sedimentation I
be removed at least to
the original pond bottom
elevation.
Annual inspections shall
be made to determine if
excessive plant growth
has occurred. If the
plant growth has
Progressed to the point
that it interferes with
the effectiveness of the
pond, it shall be
removed.
Any sloughing, erosion,
or vegetative washout of
the stormwater detention
facility shall be
repaired to obtain the
design depth, slopes, and
specifications_

9)�
Boo& PACE
2003 1028
Baez.:
The net effect of the above inspections, and
repaim hbe to keep the
stormwaterddeetent acsility ingoodfair
and to see that the pollutant control
effectiveness is not diminished
in that this stormsat system has
I Led in accordance with the Plans
the State North Carolina
"'oneotal Management shall be
�the Wilmingtam Regional office
tioa� cospletion of the work.
shall be signed and sealed
cad Professional Rsgineer Licensed
In the state of north Carolina_
!mace Plan shall not be
thout the consent of the
Carolina Division of
!je
By:
%r ti;yr,
�s Secretary
ir' s ,tc
STATE of NORM CAROLIHA
Cam' ry of Men RAypvER
Z, a Rotary Public in and for the
do certify that a- jL_ RnLs personally
and acknowledged that he is Secretary
a North Carolina Limited Liability
instrument was signed in its name by P.
sealed with its corporated seal, and
Secretary.
Witness my band and official �.j
NOTARY
PUBLIC
PLACE, LLC
IN
this " day
My Commission Expires:
STATEOF NORTH CAROLDtA
New Hm mCom,y
T°eraa*i A—d C.MmeW d
Nawypimrko pbbkb/a .0
State,
s day,
its

FOR REGISTRATION REGISTER OF DEEDS
NEW NNAiMVER I�NC
OK HOg PAGPRt891--IM
INSTRI'MU 0 �1Ot 7H So
after recording to WAVisburg Plate Owners Association, Inc
was prepared by Ryals; Robinson, & Saf
Wilmington, NC 28402
Common Area Williamsburg Place Phase 1, Sections 1-8
GENERAL WARRANTY DEED
I jJN.M.II,�yif a an ent ed into this 27th day of December, 2000, by and between
WII;LIAMSB ereafter GRANTOR, and WILLIAMSBURG PLACE
OWNERS ASS N, eafter GRANTEE The designation Grantor and Grantee
as used herein shall p their heirs, successors, and assigns, and shall include singular,
plural, masculine, fe or tt�`seaurred by context
That the Grantor, for a vaJuabIirUCeds ra paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these p es grant,
simple, all that certain lot or parcel o situated �`��r
Carolina, and more particularly described as f9>1Gv
Being all the Common Areas located Willi,
Two, Three, Four, Five, Sit, Seven, and ig
recorded in Book 36 at Page 310, Book 36 a
38 at Page 227, Book 38 at Page 322, Bo(
255 of the New Hanover County Registry,
more particular description
sell and convey unto the Grantee in fee
sty of New Hanover and State of North
TO HAVE AND HOLD the aforesaid lot or parcel of land
thereto belonging to the Grantee in fee simple
Phase One, Sections One,
d recorded on those maps
)ok 37 at Page 116, Book
phihand Book 39 at Page
s hereby made for a
And the Grantor covenants with the Grantee, that Grantor is seized o
the right to convey the same in fee simple, that title is market
encumbrances, and that Grantor will warrant and defend the title
persons whomsoever except
ROBINSON Is 3Ary0, P C
701 NARRET sin me
wIWINOTON, Now cA oumA 2a4o1

All restrictive covenants of record,
Ad valorem taxes for the year of 2001 and thereafter,
All utility easements, permits and rights of way of record,
All zoning, land use and planning rules, regulations, ordinances and statutes,
St jest to Deeds of Trusts recorded to Book 2663 at Page 832 and Book 2663
of the New Hanover County Registry
urtor has hereunto set his hand and seal, or if corporate, has caused
its corporate name by its duly authorized officers and its seal to be
its Board of Directors, the day and year first above written
STATE OF NORTH CAROLIN)
COUNTY OF NEW HANOVER
do hereby certify that P. Dean Potter in
Place, LLC, a North Carolina Lmuted L1
acknowledged the due execution of the
Witness my hand and official stamp or
My Commission Expires
1-�-oa-aribs
(AFFIX NOTARIAL SEAL)
- Beof Px
Commn of 0
G.S.
WILLIAMSBURG PLACE, LLC,
a North Carolina limited liability company
(Seal)
P Dean Potter, Manager
701 MARKET STREET
WILMINOTON. NORTH CAROUNA Z8401
2
he County and the state aforesaid
;ity as Manager of Williamsburg
r appeared before me this day and
the purposes herein expressed
day of December, 2000

203549106
b
State of North Carolina
Department of the Sect=ry of State
LIMITED LIABILITY COMPANY
ARTICLES OF ORGANIZATION
SOSID: 574571
Date Filed: 1211912000 10:51 AM
Elaine F. Marshall
North Carolina Secretary of State
Pursuant to Section 57C-2-20 of the General Statutes of North Carolina, the undersigned does
hereby submit these Articles of Organization for the purpose of forming a limited liability
company.
The name of the limited liability company is:
RYALS INVESTMENTS, LLC
2. The company's existence shall be perpetual.
The name and address of each organizer executing these articles of organization is as
follows (attach additional pages if necessary):
Mark F. Caner
701 Market Street
Wilmington, NC 28401
4. The street address and county of the initial registered office is:
906 Aayshare Drive, New Hanover County, Wilmington, North Carolina 29411.
S. The mailing address is: 906 Bayshore Drive, Wilmington, North Carol inn 29411
6. The name of the initial registered agent is:
Deloris Ryals
7. XL_ (i) Member -managed LLC: all of the members by virtue of their status as members
shall be managers of this limited liability company.
_ (ii) Manager -managed LLC: except as provided by N.C,G.S. Section 57C-3-20(a),
the members of this limited liability company shall not be managers by virtue of their status as
members.

2003 102?
STCRMMTM NAnfrEURM P:JHi
wI* * 7SNSBM PIKE
It sAa11 be the responsibility of the
UILLIAMBUAG PLACE GUMS A.SSOCIATIOB, INC..
to vide the following inspections and
dt of the storsirater system located
in 91441ANSBUM PI.ACS:
MPM PLAM OMMERS ASSOCIATICN.
tovide the services of a person
5 inspect the stormwecer system am
basis (Monthly or as needed) for
Pipe Blockage. The
e any trash or debris
in the catch basins or
r blockages Shall be
Owners Association for
RECORDED AND VERIFIED
MART SUE DOTS
RECISTER QF DEEDS I/
)IEw HANOVER CO. NC
Annual 7Y spections 1
be made to dete
excessive men i
hasrl
sedimenta io as
occurred to ext
that the en
elevation of t
bottom is more t one
foot above the o
1.
pond bottom eleva i
the sedimentation 1
be removed at least to
the original pond bottom
elevation.
Annual inspections shall
be made to determine if
excessive plant growth
has occurred. If the
plant growth has
progressed to the point
that it interferes with
the effectiveness of the
pond, it shall be
Any sloughing, erosion,
or vegetative washout of
the stormwater detention
facility shall be
repaired to obtain the
design depth, slopes, and
specifications_

9009 PACE
2003 1028
Q MNART-
The net effect of the above inspections, and
repairs to keep the
sco teerr ddeetentnsfacilityshall
i l in good repair
and to see that the pollutant control
effectiveness is not disiniabed.
T Cert'fi tins that this storm.rater systes has
led in accordance with the plane
the State of north Carolina
D visi o Envirourental Management shall be
the Wilmington Regional office
wi of the completion of the work.
cation shall be signed and sealed
Bred Professional Engineer licensed
p ,4catiin the State of north Carolina.
lnance plan shall not be
thout the consent of the
Carolina Division of
�1
{.e - BY:
FT
S �F Secretary
STATE OF NORTH CAROLINA
COUNTY OF NEW EMNOVER
1, a notary Public in and for the
do certify that 0. JL. R3MM personally
and acknowledged that he is Secretary
a north Carolina Limited Liability
instrument was signed in its name by P.
sealed with its corporated seal, and
Secretary -
Witness my hand and official seal
NOTARY
PUINUC
PLM$, LLC
IN
State,
a day,
. LLC,
attested f to
this 11 day o h,/199$.
My Commission Expires:
SrATEOF NORTH CAROLINA
New Hm v Co"
7bERNWI- i a®ma CmMkw as
fA"*J rWPd rb/marMW '
b0eav�.