SW8040806_Historical File_20050203

cF 1N A Ti70 Michael F. Easley, Governor
.,0 6 William G. Ross, Jr., Secretary
22 . JF North Carolina Department of Environment and Natural Resources
1
r NC Alan W. Klimek, P.E. Director
Division of Water Quality
February 3, 2005
Mr. J. Steven Cashwell, Member/Manager
WRB Development, LLC
108 N. Kerr Avenue, Unit D4
Wilmington, NC 28405
Subject: Stormwater Permit No. SW8 040806
Ashton Place Subdivision
High Density Subdivision Project
Brunswick County
Dear Mr. Cashwell:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Ashton Place Subdivision on February 1, 2005. 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 040806,
dated February 3, 2005, for the construction of the project, Ashton Place Subdivision.
This permit shall be effective from the date of issuance until February 3, 2015, 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 sixty (60) 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 Linda Lewis, or me at [phone].
Sincerely,
,,z_.a/ a-e,A.___
Edward Beck
Acting Regional Supervisor
Surface Water Protection Section
ENB/arl: S:1WQS\STORMWAT',PERMIT\040806.feb05
cc: Phil Norris, P.E., Norris Kuske & Tunstall
Delaney Aycock, Brunswick County Inspections
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
NorthCarolina
An Equal Opportunity/Affirmative Action Employer—50%Recyded/10%Post Consumer Paper Natural!

State Stormwater Management Systems
Permit No. SW8 040806
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
J. Steven Cashwell& WRB Development, LLC
Ashton Place Subdivision
Leland, Brunswick County
FOR THE
construction, operation and maintenance of 2 wet detention ponds 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 3, 2015 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The subdivision is
permitted for 100 lots, each allowed a maximum of 4,500 square feet of built-
upon area.
3. Built-upon area includes, but is not limited to, rooftops, asphalt, concrete, brick,
stone, slate, gravel, coquina, and parking areas, but does not include the water
surface of a swimming pool or raised, uncovered wood decking.
4. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
5. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 040806
Ashton_Place_Subdivision Page 1 of 2
Stormwater Permit No. SW8 040806
Brunswick County
Designers Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 8 of 9

State Stormwater Management Systems
Permit No. SW8 040806
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Page 9 of 9

ALGAL BLOOM REPORT February 2,2005
Site(s): P8750000, P8800000 (Calico Creek)
Reason Sampled: dissolved oxygen>9 mg/L(> 110%),pH> 8
Investigated by: Stephanie Garrett(WIRO)
Investigated on: January 31, 2005
Results of Sample Analyses:
P8750000—Did not look like a bloom. The sample was dominated by benthic,pennate
diatoms that were probably dislodged from the sediments and into the water column by
tidal action.
P8800000—Some benthic pennate diatoms in water column but sample resembled a
typical NC estuarine winter bloom. Dinoflagellates (Heterocapsa triquetra, Katodinium
rotundatum) and chain forming diatoms (Skeletonema)were common.
PhysicaUchemical data:
ChemLab#: 5W0540 5W0541
Chlorophyll a(ug/L): pending pending
Total nitrogen (mg/L): pending pending
Total phosphorous (mg/L): pending pending
Dissolved oxygen (mg/L): 14 (120%) 15 (120%)
pH: 8 8
Temperature(C): 8 7
Salinity (ppt): 4 21
Algal density (units/mL): pending pending
Report prepared by:
Elizabeth Fensin, environmental biologist
NC Division of Water Quality, Environmental Sciences Section
Phone: [phone], ext. 241
E-mail: [e-mail]

Re: SWA 040338 Larry Powell
Subject: Re: SW8 040338 Larry Powell
From: "shane lippard" <[e-mail]>
Date: Wed, 2 Feb 2005 16:54:28 -0500
To: "Linda Lewis" <[e-mail]>
OK. Get that to you by week end. Have some meetings tomorrow so
not sure will make it then.
Thanks for the email .
Shane
Original Message From: "Linda Lewis"
<Linda.Lewis@ncmail .net>
To: "Shane Lippard" <[e-mail]>
Sent : Wednesday, February 02, 2005 12 :32 PM
Subject : SW8 040338 Larry Powell
Shane :
The revised calculations do not include the additional 20%
sediment storage volume, which ups the minimum storage to 2, 100
cubic feet . Luckily, the basin is sized for more than this .
Please fax me revised calculations to include this additional
volume requirement .
The additional volume is calculated by taking 20% of the 1"
volume, 1749 cubic feet.
Linda
1 of 1 2/2/2005 4:57 PM

NORRIS, KUSKE & TUNSTALL J. Phillip Norris, P.E. John A. Kuske, Ill, P.E.
John S. Tunstall, P.E.CONSULTING ENGINEERS, INC. James T. Pyrte, P.E. C. Lawrence Sneeden, Jr., P.E.P
902 Market Street•Wilmington,NC 28401-4733•Phone[phone]•Fax[phone]
E-Mail: ofce©nkteng.com
LETTER OF TRANSMITTAL
• - Lewis Date: January 31, 2005 Job No.04064
NC CENR - Wilmington Subject:Ashton Place Subdivision
Brunswick County
SENDINGWE ARE ' ' DELIVER FAX TRANSMITTAL: NUMBER OF PAGES
''' ATTACHED El UNDER SEPARATE COVERINCLUDING THIS TRANSMITTAL
El SHOP DRAWINGS ■ PRINTS ■ TRACINGS
■ SPECIFICATIONS ■ DISKS ■ COPY OF LErrER Call 910-343-9653 if you have any difficulty
■ receiving this message.
COPIES DATE NO. DESCRIPTION
1 Revised Declaration of Covenants, Conditions and Restrictions
❑ AS REQUESTED IE] FOR REVIEW AND APPROVAL ❑ FOR APPROVAL
❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
Per your comments. Also, the correct resolution was e-mailed directly to you from Mr. Keeter today and it
was what you were looking for.
CC: SIGNED J. Phillip Norris, P.E., /asn
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privil identlalliprided for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the Her#AMr ,ai led that any dissemination,
distribution or copying of this document is strictly prohibited. If you have received this d umeFEnBerror please imme ately notify the sender and
return to the address above. 0 1 2005
BY:

STATE OF NORTH CAROLINA DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF BRUNSWICK FOR ASHTON PLACE
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ASHTON PLACE(as may be amended or supplemented as set forth herein,"Declaration")is made this
day of , 2004 by WRB DEVELOPMENT, LLC, a North Carolina Limited
Liability Company, whose address is 108 North Kerr Avenue, Suite D-4, Wilmington, North Carolina
(the"Declarant").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in Brunswick County,North
Carolina, and more particularly described on Exhibit A attached hereto and made a part hereof(the
"Property"or"Subdivision");and
B. Declarant is developing the Property known as "Ashton Place" by subdividing it into
"Lots"that are to be used for residential purposes as well as common real estate and improvements that
are to be owned by a homeowners association to which the Owner of a Lot must belong and pay lien-
supported maintenance assessments.
THEREFORE, the Declarant hereby declares that all of the Lots and Common Areas (defined
below)located within the Subdivision are held and shall be held,conveyed,hypothecated or encumbered,
leased, rented, used, occupied and improved, subject to the following covenants, conditions and
restrictions,all of which are established and agreed upon for the purpose of enhancing and protecting the
value, desirability and attractiveness of the Subdivision as a whole and of each of said Lots. All of these
restrictions shall run with the land and shall be binding upon the Declarant and upon the parties having or
acquiring any right, title or interest, legal or equitable in and to the Property or any part or parts thereof
subject to such restrictions,and shall inure to the benefit of the Declarant and every one of the Declarant's
successors in title to any of the Property.

ARTICLE I
DEFINITIONS
Section 1.1 "Annual Meeting" means the annual meeting of the Members held in
County,North Carolina,within the last quarter of each calendar year, upon
proper notice, at a date,time and at a place from time to time designated by the Board. The first Annual
Meeting of the Members shall be held within one(1)year from the date of incorporation on such date as
the initial Board shall determine.
Section 1.2 "Articles" or"Articles of Incorporation"shall mean those articles,filed with
the Secretary of State of North Carolina, incorporating Ashton Place Homeowners Association,Inc., as a
nonprofit corporation under the provisions of North Carolina State law, as the same may be amended
from time to time.
Section 1.3 "Assessments" means Regular Assessments, Special Assessments, Working
Capital Assessments,Individual Assessments and Fine Assessments.
Section 1.4 "Association" shall mean and refer to ASHTON PLACE HOMEOWNERS
ASSOCIATION,INC.,to be formed as a non-profit corporation, its successors and assigns.
Section 1.5 "Board" or "Board of Directors" shall mean and refer to the Board of
Directors of the Association.
Section 1.6 "Bylaws" shall mean the Bylaws of the Association, as the same may be
amended from time to time.
Section 1.7 "Class A Members"shall mean as defined in Section 4.5.1 below.
Section 1.8 "Class B Members"shall mean as defined in Section 4.5.2 below.
Section 1.9 "Constituent Documents" shall mean the Declaration, the Bylaws, the
Articles of Incorporation, and the Rules and Regulations, if any, and any other basic documents used to
create and govern the Subdivision.
Section 1.10 "Common Areas" shall mean all the real estate (including retention ponds,
storm drainage improvements, entrance signage, streets (including any dedicated streets prior to their
acceptance for public maintenance) and all landscaping and other improvements thereon) owned by the
Association for the common use and enjoyment of the Owners. Common Areas shall include, but not be
limited to, parcels designated on the Subdivision plat as "Park" (unless such parks are later dedicated to
the public by a subsequent dedication plat or conveyance),"Open Space,""Common Area"or reserved as
an access drive or private street.
Section 1.11 "Common Expenses" shall mean, refer to, and include all charges, costs and
expenses incurred by the Association for and in connection with the administration of the Subdivision,
including, without limitation thereof, operation of the Subdivision, maintenance, repair, replacement and
restoration(to the extent not covered by insurance)of the Common Areas;the costs of any additions and
alterations thereto; all labor, services, common utilities, materials, supplies, and equipment therefor; all
liability for loss or damage arising out of or in connection with the Common Areas and their use; all
premiums for hazard, liability and other insurance with respect to the Subdivision; all costs incurred in

acquiring a Lot pursuant to judicial sale; and all administrative, accounting, legal, and managerial
expenses. "Common Expenses" shall also include amounts incurred in replacing, or substantially
repairing, capital improvements within the Common Areas of the Subdivision, including, but not limited
to private road. "Common Expenses"shall also include all reserve funds or other funds established by the
Association. "Common Expenses"shall be construed broadly.
Section 1.12 "Declarant" shall mean and refer to WRB DEVELOPMENT, LLC, a North
Carolina Limited Liability Company, its successors and assigns as a Declarant.
Section 1.13 "Default" shall mean any violation or breach of, or any failure to comply
with,the Restrictions,this Declaration or any other Constituent Documents.
Section 1.14 "Development Period"means the period commencing on the date on which
this Declaration is recorded in the Brunswick County Register of Deeds and terminating on the earlier to
occur of (i) when Declarant no longer owns a Lot in the Subdivision; (ii) the date that Declarant
relinquishes in writing Declarant's right to appoint Directors; or(iii)the occurrence of the date ten (10)
years from the date of recording the Declaration,renewable for an additional ten(10)year period with the
consent of a majority of Lot Owners other than the Declarant.
Section 1.15 "Dwelling Unit" shall mean and refer to the individual family living unit on
an individual Lot.
Section 1.16 "Fine Assessment" means the charge established by Section 5.5.2 of this
Declaration.
Section 1.17 "Individual Assessment"means the charge established by Section 5.4 of this
Declaration.
Section 1.18 "Lot" shall mean and refer to any parcel of land designated on the Plat upon
which a Dwelling Unit has been or is to be constructed. The Declarant has initially created
( )Lots in the Subdivision and has the right to establish additional Lots in
accordance with the terms of this Declaration.
Section 1.19 "Member"shall mean and refer to all those Owners who are Members of the
Association as provided in Article IV below.
Section 1.20 "Owner" shall mean and refer to the record owner, including Declarant,
whether one or more persons or entities,of a fee simple title to any Lot located within the Subdivision.
Section 1.21 "Plat" shall mean and refer to the record plat of the Subdivision recorded by
Declarant,as the same may be amended or supplemented by Declarant from time to time.
Section 1.22 "Planned Community Act" shall mean and refer to the North Carolina
Planned Community Act,currently codified as Chapter 47F of the North Carolina General Statutes,as the
same may be amended from time to time.
Section 1.23 "Property" or "Subdivision" shall mean and refer to that certain real estate
described in Exhibit A and all other real estate that may be annexed into this Declaration and the
Association by the Declarant.

Section 1.24 "Regular Assessment" means the charge established by Article V of this
Declaration.
Section 1.25 "Resident" shall mean and refer to any person, not an Owner, living in the
Owner's Dwelling Unit, including,but not limited to,temporary guests and Tenants.
Section 1.26 "Restrictions" shall mean all covenants, conditions, restrictions, easements,
charges, liens and other obligations provided for in this Declaration, including, without limitation, all
notices,rules and regulations issued in accordance with this Declaration.
Section 1.27 "Rules and Regulations" shall mean and include the rules and regulations
made from time to time by the Board of Directors as provided in Section 4.3 below.
Section 1.28 "Special Assessment" means the charge established by Section 5.2 of this
Declaration.
Section 1.29 "Tenant" means any person occupying any Lot pursuant to a written or oral
lease agreement with the Owner thereof or with any other person or entity claiming under the Owner.
Section 1.30 "Working Capital Assessment" means the charge established by Section 5.3
of this Declaration.
When applicable for the sense of this instrument, the singular should be read as including the
plural and the male,female,and neuter pronouns and adjectives should be read as interchangeable.
ARTICLE II
PROPERTY SUBJECT TO THLS DECLARATION
The Property,each portion thereof,and all Dwelling Units thereon shall be held,transferred,sold,
conveyed, leased, mortgage and occupied subject to the terms, provisions, covenants and conditions of
this Declaration.
ARTICLE III
PROPERTY RIGHTS IN COMMON AREAS
Section 3.1 Owner's Easements of Enjoyment. Except as herein otherwise provided,
each Owner shall have a right and easement of enjoyment in and to the Common Areas, which shall be
appurtenant to and shall pass with the title to his Lot. Each Tenant shall have a non-transferable right to
use and enjoy the Common Areas,if any,which right shall terminate when such person ceases to have the
status of a Tenant. Such rights and privileges shall be subject,however,to the following:
3.1.1 The right of the Board to suspend the right of any Owner or the privilege of
any Resident to use such of the Common Areas that are recreational in nature as determined by
the Board for any infraction of the Rules and Regulations relating to the Common Areas for a
period not to exceed sixty (60) days for each such infraction, or for any non-payment or
delinquency of the Assessments against such Owner's Lot for a period not to exceed the period of
such non-payment or delinquency;

3.1.2 The right of the Board to adopt and enforce and from time to time amend
reasonable limitations upon use and Rules and Regulations pertaining to the use of the Common
Areas, including regulations limiting guests of Owners and Tenants who may use the Common
Areas at any one time;
3.1.3 The right of the Association to grant permits, licenses and public or private
easements over Common Areas for utilities, roads and other purposes reasonably necessary or
useful for the proper maintenance or operation of the Property;or
3.1.4 The right of Declarant or the Association to dedicate or convey portions of
the Common Areas to applicable governmental authorities for park purposes.
Section 3.2 Extension of Use. Any Owner may extend his right of enjoyment to the
Common Areas to the immediate and/or extended members of his family,his Tenants, guests or contract
purchasers of the Owner's Lot.
Section 3.3 Title to Common Areas. The Declarant shall convey by deed all Common
Areas to the Association in fee simple absolute after the fmal platting of all Lots in the Subdivision.Any
such conveyance shall be subject to taxes for the year of conveyance, and to restrictions, conditions,
limitations and easements of record.
Section 3.4 Use of Common Areas by Declarant. In addition to the specific rights and
easements reserved herein,Declarant and its affiliates and associates shall have the same rights of use and
enjoyment of the Common Areas as the Class A Members during the Development Period,and shall have
the same right to use Common Areas for promotional,sales and similar purposes until all of the Lots have
been sold.
ARTICLE IV
HOMEOWNERS ASSOCIATION
Section 4.1 Homeowners Association. There is has been created a North Carolina non-
profit corporation,known as Ashton Place Homeowners Association,Inc.,which shall be responsible for
the maintenance,management and control of the Common Areas and upon each Lot and Dwelling Unit as
more specifically set forth in this Declaration.
Section 4.2 Board of Directors and Officers. The Board of Directors, and such officers
as the may elected or appointed in accordance with the Articles or the Bylaws, shall conduct the affairs of
the Association. The Board of Directors may also appoint committees and managers or other employees
and agents who shall, subject to the general direction of the Board of Directors, be responsible for the
day-to-day operation of the Association.
Section 4.3 Rules and Regulations. By a majority vote of the Board of Directors, the
Association may, from time to time adopt, amend and repeal Rules and Regulations with respect to all
aspects of the Association's rights, activities and duties under this Declaration. The Rules and
Regulations may, without limitation, govern use of the Subdivision, including prohibiting, restricting or
imposing charges for the use of any portion of the Subdivision by Owners, Residents or others, interpret
this Declaration or establish procedures for operation of the Association or the administration of this
Declaration; provided, however, that the Rules and Regulations shall not be inconsistent with this
Declaration, the Articles, or the Bylaws. A copy of the Rules and Regulations, as they may from time to

time be adopted, amended or repealed, shall be maintained in the office of the Association and shall be
available to each Owner upon request.
Section 4.4 Membership of Association. Every Owner of a Lot shall be a Member of the
Association. Such Owner and Member shall abide by the Association's Rules and Regulations, shall pay
the Assessments provided for in this Declaration, when due, and shall comply with decisions of the
Association's governing body. Conveyance of fee simple title to a Lot automatically transfers
membership in the Association without necessity of further documents.Membership shall be appurtenant
to and may not be separated from ownership of any Lot that is subject to Assessment.
Section 4.5 Classes of Membership. The Association shall have two (2) classes of
Membership:
4.5.1 Class A Members. Every person, group of persons, or entity which is a
record Owner of a fee interest in any Lot upon which a Dwelling Unit has been erected within the
Property, shall automatically be a Class A Member of the Association except the Declarant
during the Development Period; provided, however, that any such person, group of persons or
entity who holds such interest solely as security for the performance of an obligation shall not be
a Member. A Class A Membership shall be appurtenant to and may not be separated from
ownership of any Lot upon which a Dwelling Unit has been constructed that is subject to
Assessment. Class A Members shall be entitled to one(1)vote for each Lot in which they hold
the interest required for membership.In the event that more than one person, group of persons or
entity is the record Owner of a fee interest in any Lot, then the vote for the membership
appurtenant to such Lot portion shall be exercised as they among themselves determine,but in no
event shall more than one(1)vote be cast with respect to any Lot. In the event agreement is not
reached,the vote attributable to such Lot shall not be cast.
4.5.2 Class B Members. The Class B Member during the Development Period
shall be the Declarant. The Class B Membership shall cease and be converted to Class A
membership upon the expiration of the Development Period.
4.5.3 Voting. Each Member shall have one vote with respect to each Lot owned
by such Member, but a Class A Member shall not be entitled to exercise any vote until the
expiration of the Development Period.
Section 4.6 Maintenance Obligations of the Association. The Association,at its expense,
shall maintain, operate and keep in good repair,unless such obligations are assumed by any municipal or
governmental agency having jurisdiction thereof, the Common Areas and all improvements located
thereon for the common benefit of the Subdivision. This shall include, without limitation, the
maintenance, repair, replacement and painting of the following landscaping and improvements (to the
extent that such improvements or landscaping are located upon or constitute Common Areas): (a) all
private roadways, driveways, pavement, sidewalks, walkways and uncovered parking spaces; (b) all
lawns,trees, grass and landscape areas, shrubs and fences, except as otherwise set forth hereinbelow; (c)
the Recreational Facilities; (d) all conduits, ducts, utility pipes, plumbing, wiring and other facilities
which are part of or located in, or for the furnishing of utility services to,the Common Areas and which
are not for the exclusive use of a single Dwelling Unit.
The Association shall make the determination as to when maintenance, repair, replacement and
care shall be done, and its determination shall be binding. Declarant shall have the right to employ a
manager to oversee and implement the Association's maintenance obligations,and any such management

fees incurred thereby shall be paid by the Association.The Association shall also perform the other duties
prescribed by this instrument or the Association's Rules and Regulations.
Section 4.7 Maintenance Obligation of the Lot Owners. The responsibilities of each Lot
Owner shall include:
4.7.1 To clean, maintain, keep in good order, repair and replace at his or her
expense all portions of his or her Lot and Dwelling Unit. Any repair, replacement and
maintenance work to be done by an Owner must comply with the Architectural Control
guidelines and any Rules and Regulations of the Association.
4.7.2 To perform his responsibilities in such manner so as not unreasonably to
disturb other persons residing within the Subdivision.
4.7.3 Each Lot Owner shall be deemed to agree by acceptance of delivery of a
deed to a Lot, to repair and/or replace at his or her expense all portions of the Common Areas
which may be damaged or destroyed by reason of his or her own intentional or negligent act or
omission,or by the intentional or negligent act or omission of any invitee,tenant, licensee family
member, including, but not limited to any repairs necessary which result from damage incurred
by pets or vehicles owned by the Lot Owner, or owned by any guest, invitee, Tenant or licensee
of such Lot Owner. To the extent that any Common Area is damaged as an insurable loss and the
proceeds from the Association's insurance policy are utilized to pay for the loss,the Owner shall
be responsible for payment of the deductible as an Individual Assessment in accordance with
Section 5.4 and Section 7.7 below.
Section 4.8 Effect of Insurance or Construction Guarantees. Notwithstanding the fact
that the Association and/or any Lot Owner may be entitled to the benefit of any guarantee of material and
workmanship furnished by any construction trade responsible for any construction defects, or to benefits
under any policies of insurance providing coverage for loss or damage for which they are respectively
responsible, the existence of construction guarantee or insurance coverage shall not excuse any
unreasonable delay by the Association or any Lot Owner in performing his obligation hereunder.
Likewise,this Section 4.8 is not intended to work for the benefit of the person or entity responsible for the
construction defect. Also, performance by Association may be delayed if Association does not have the
means or the funds to repair the defect or if, by repairing the defect, the Association would be
compromising the right to sue to have the defect corrected and/or to collect damages caused by the defect.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 5.1 Regular Assessments. Regular Assessments for the payment of the Common
Expenses shall be made in the manner provided herein, and in the manner provided in the Bylaws. The
Regular Assessment is established for the benefit and use of the Association and shall be used in covering
all of the Common Expenses.
Section 5.2 Special Assessment. In addition to levying Regular Assessments, and to the
extent that the reserve fund is insufficient,the Board of Directors may,with the assent of two-thirds(2/3)
of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for
this purpose, levy Special Assessments for the purpose of defraying, in whole or in part, the cost of any

construction, reconstruction, repair or replacement upon or to the Common Area, including easement
areas,fixtures,and personal property related thereto;provided,however that any such special assessments
for the maintenance of sewer lines and other elements of the sewer system, the drainage and stormwater
runoff systems, and other utility systems, as required by government permits or regulations, may be
assessed by the Board of Directors without a vote of the members. All special assessments for capital
improvements shall be fixed to a uniform rate for all Lots.
Section 5.3 Working Capital Assessment. Upon the initial transfer of record of the Lot
from the Declarant (or successor declarant or designated declarant) to the Lot Owner (other than a
successor declarant or designated declarant),the purchaser is required to pay a sum equal to two(2)full
months of the Regular Assessment due on his or her Lot as his or her initial contribution to the working
capital of the Association. This sum is not an advance payment of the monthly Regular Assessment;
rather the sum is allocated to a working capital fund to meet unforeseen expenditures and operating
expenses or to purchase any additional equipment or services. While the Declarant is in control of the
Association, it cannot use any of the working capital funds to defray its expenses, reserve contributions,
or construction costs. When control of the Association is transferred to the Lot Owners, the working
capital fund shall be transferred to the Association for deposit to a segregated fund. After control of the
Association is transferred to the Lot Owners the Declarant shall be responsible to collect the initial
contribution to the working capital account and forward such funds to the Association. Additionally, at
the closing, each purchaser of a Lot is required to pay a pro-rata share of the Regular Assessment due in
the month of closing.
Section 5.4 Individual Assessment. In the event that the need for maintenance, repair or
replacement of any improvement on the Property, for which the Association has the maintenance,repair
and/or replacement obligation, is caused through the willful or negligent act of an Owner,his family,his
pet(s),Resident,the cost of such maintenance,repairs or replacements shall be paid by such Owner. The
Board shall have the maintenance, repair or replacement done and the cost thereof shall be provided by
the Board to said Owner and shall be paid by said Owner within thirty (30) days thereafter, unless an
earlier date is otherwise set forth herein.
Section 5.5 Date of Commencement of Assessments; Due Dates; Determination of
Regular Assessments;Fine Assessments.
5.5.1 The monthly Regular Assessment provided for herein shall commence as to
each Owner of a Lot, except Declarant, on the first day following the initial conveyance of the
Dwelling Unit to the Owner and shall be adjusted according to the number of days remaining in
the month. The Declarant, its successors and assigns, shall not be required to pay the Regular
Assessment for any Lot which it owns until such time as Declarant transfers the Lot to a third
party. The Board of Directors shall fix the amount of the monthly Regular Assessment to be paid
by each Class A Member against each Lot at the beginning of each calendar year. Written notice
of the monthly Regular Assessment shall be sent to every Class A Member subject thereto. The
Board of Directors shall establish the due dates.
5.5.2 The Board of Directors, or an adjudicatory panel established by the Board of
Directors, may levy a reasonable Fine Assessment, as a fine or penalty for violation of this
Declaration,all in accordance with the Planned Community Act. A lien may be filed for this Fine
Assessment and this Fine Assessment may be enforced by foreclosure and otherwise treated as a
Regular Assessment.
5.5.3 If the Association is paying the water and/or sewer bill(s)for the Subdivision
or any Lot Owner within the Subdivision, the Association may assess each Lot Owner benefited

for its share of the water and/or sewer bill(s). Each Lot Owner shall bear an equal share of the
bill, but the Association can assess an extra amount against a Lot Owner to recover the cost of
any extraordinary amount of water used by that Lot Owner. "Extraordinary" shall be as
determined by the discretion by the Board of Directors. The Assessment for water and sewer
shall be part of the Regular Assessment and shall be considered a Common Expense.
5.5.4 Both Regular and Special Assessments for a Lot Owner shall be determined
by the Association based upon the proportion that each Lot bears to the aggregate number of Lots
located on the Property, except those owned by Declarant which are not assessed in accordance
with Section 5.5.1 above. The Association's governing body may, at its discretion, waive the
Regular Assessment for any year or part of a year for any Lot not occupied as a residence.
Section 5.6 Billing. The Association shall inform each Lot Owner of the amount of the
total Regular Assessment due from the Owner of that particular Lot. This Regular Assessment may be
paid in monthly installments or as otherwise required by the Association. The Owner of each Lot must
pay his Lot's required Regular Assessment in advance on the first calendar day of each month,unless the
Association otherwise directs. Payment is to be made to such person at such an address as Association
determines. Special Assessments are due thirty (30) days after the bill for the Special Assessment has
been mailed or otherwise sent out by Association,unless the Association otherwise directs. The Owners
of the initial Lots in the Subdivision, except Declarant, shall be obligated to begin paying the Regular
Assessment as of the first day of the initial conveyance of the Lot from Declarant to the Owner. If the
Subdivision is expanded and additional Lots are brought into the Subdivision during a given Assessment
year, those additional Lots shall begin paying the Regular Assessment on the first day of the initial
conveyance of the Lot from Declarant to the Owner.
Section 5.7 Common Surplus. If the Regular Assessment collected in any given year is
in excess of the actual Common Expenses for that year, the Board may, at its sole discretion (a)return
each Owner's share of the Common Surplus; (b) credit each Owner's share of the Common Surplus to
each Owner's payment as for the Regular Assessment for the following year; or (c) apply the Common
Surplus to the reserve.
Section 5.8 Assessment Certificate. The Association shall, upon demand, at any
reasonable time,furnish to any Owner liable for Assessments a certificate in writing signed by an Officer
or other authorized agent of the Association, setting forth the status of said Assessments; i.e., "current",
and if not current, "delinquent"and the amount due. Such certificate shall be conclusive evidence of the
payment of any Assessment therein stated to have been paid. A reasonable charge to cover labor and
materials may be made in advance by the Association for each certificate.
Section 5.9 Books and Records of the Association. The Association shall keep full and
correct books of account. The Association shall make available to all Lot Owners and the holders of all
first mortgages on Lots, current copies of the books, records and financial statements of the Association
upon reasonable request during normal business hours. All funds collected by the Association shall be
held and expended solely for the purposes designated by this Declaration and shall be deemed to be held
for the use,benefit and account of the Association and all of the Lot Owners. All books and records must
be kept in accordance with good accounting procedures and must be reviewed at least once a year by an
independent accounting firm.
Section 5.10 Non-Payment of Assessment. Any Assessments levied pursuant to these
covenants which is not paid on the date when due shall be delinquent and shall, together with such
interest and other costs as set out elsewhere in this Declaration,thereupon become a continuing lien upon
the Lot which shall bind the Lot in the hands of the then Owner and the Owner's successors and assigns.

If the Assessment is not paid within thirty(30)days after the due date,the Assessment shall bear
interest at a reasonable rate of ten percent (10%) per year or at such other reasonable rate set by
Association in its minutes, not to exceed the maximum amount allowed by law, and the Association may
bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien
against the Lot, in either of which events interest,costs and reasonable attorneys' fees shall be added to
the amount of each Assessment. No Owner may waive or otherwise escape liability for the Assessments
by non-use or waiver of use of the Common Areas or by abandonment of his Lot.
Section 5.11 Priority of Association Lien. The lien provided for in this Article V shall
take priority over any lien or encumbrance subsequently arising or created, except liens for real estate
taxes and assessments and liens of bona fide first mortgages which have been filed of record before a
claim of this lien hereunder has been docketed in the office of the clerk of superior court in Brunswick
County,and may be foreclosed in the same manner as a mortgage on real property under power of sale in
an action brought by the Association in accordance with the Planned Community Act. The Association is
entitled to recover its reasonable attorneys' fees and court costs and collection costs,as part of the lien. In
any such foreclosure action, the Association shall be entitled to become a purchaser at the foreclosure
sale.
Section 5.12 Purchaser at Foreclosure Sale Subject to Declaration, Bylaws, Rules and
Regulations of the Association. Any purchaser of a Lot at a foreclosure sale shall automatically become a
Member of the Association and shall be subject to all the provisions of this Declaration,the Bylaws and
the Rules and Regulations.
Section 5.13 Non-Liability of Foreclosure Sale Purchaser for Past Due Common
Expenses. When the holder of a first mortgage or first deed of trust of record or other purchaser of a Lot
acquires title to the Lot as a result of foreclosure of the fast mortgage first deed of trust or by deed in lieu
of foreclosure,such acquirer of title,his,her or its successors and assigns,shall not be solely liable for the
share of the Common Expenses or other Assessments by the Association chargeable to such Lot which
became due prior to the acquisition of title to the Lot by such acquirer,other than Assessments for which
a claim of lien has been docketed with the Brunswick County clerk of superior court prior to the
recordation of the lien being foreclosed. Such unpaid share of Common Expenses or Assessments shall
be deemed to be Common Expenses collectible from all of the Lots, including that of such acquirer,his,
her or its successors or assigns. This provision shall not relieve the party acquiring title or any subsequent
Owner of the subject Lot from paying future Assessments.
Section 5.14 Liability for Assessments Upon Voluntary Conveyance. In a voluntary
conveyance of a Lot, any grantee or his or her first mortgagee shall inform the Board of Directors in
writing of such contemplated conveyance and such grantee or first mortgagee shall be entitled to a
statement from the Board of Directors of the Association setting forth the amount of all unpaid
Assessments(including current Assessments)against the grantor due the Association. Neither the grantee
nor the mortgagee shall be personally obligated for any delinquent Assessments, but such delinquent
Assessments, along with interest, late charges, costs and reasonable attorneys fees shall be a lien against
the Lot in accordance with Section 5.10 and Section 5.11 herein.
Section 5.15 Late Charge. The Association may impose a charge against any Lot Owner
who fails to pay any amount assessed by the Association against his Lot within ten (10)days after such
Assessments are due and payable and who fails to exercise his rights under this Declaration or under the
laws of the State of North Carolina to successfully contest such Assessment. The amount of the late
charge shall be the greater of(a)twenty and 00/100 Dollars($20.00), or(b)twenty percent(20%)of the
delinquent amount, or such other amount as may be determined by the Association from time to time.
Additionally, if a Lot Owner shall be in Default in payment of an installment upon an assessment or of a

single monthly assessment,the Association has the right to accelerate all monthly Assessments remaining
due in the current fiscal year. The total of such Assessments, together with the delinquent Assessments
shall then be due and payable by the Lot Owner no later than ten (10) days after the delivery of written
notice of such acceleration to the Lot Owner or twenty(20 days)days after mailing of such notice to him.
by certified mail, whichever occurs first. If such acceleration amount is not paid by the due date, the
above-described late charge may be imposed on the part of such accelerated amount not paid by the due
date.
Section 5.16 Miscellaneous.
5.16.1 The Association may change the interest rate due on delinquent Assessments
(including any late charges), except that the rate cannot be changed more often than once every
six(6)months. As of its effective date, the new interest rate will apply to all Assessments then
delinquent.
5.16.2 The Owner has the sole responsibility of keeping the Association informed of
the Owner's current address if different from the Lot owned. Otherwise notice sent by
Association to the Lot is sufficient for any notice requirement under this Declaration.
5.16.3 The lien under this Article V arises automatically, and no notice of lien need
be recorded to make the lien effective.
5.16.4 The Assessment lien includes all collection costs, including demand letters,
preparation of documents, reasonable attorneys' fees, court costs, filing fees,collection fees,and
any other expenses incurred by the Association in enforcing or collecting the Assessment.
5.16.5 Any Assessment otherwise payable in installments shall become immediately
due and payable in full without notice upon Default in the payment of any installment. The
acceleration shall be at the discretion of the Board.
5.16.6 No Owner of a Lot may exempt himself or herself from liability for his or her
contribution toward the Common Exnenses by waiver of the use or enjoyment of any of the
Common Areas or by the abandonment of his or her Lot.
5.16.7 This Section 5.17 applies to every type of Assessment.
ARTICLE VI
EASEMENTS AND ENCUMBRANCES
Section 6.1 Easement for Encroachments. The Dwelling Units, all utility lines, and all
other improvements as originally constructed by or on behalf of Declarant or its assigns shall have an
easement to encroach upon any setback, Lot or Common Area as a result of the location of tb.e building,
utility lines and other improvements across boundary lines between and along Lots and/or the Common
Areas, or as a result of building or improvement movement or alterations or additions from time to time,
provided that such alterations or additions have complied with the requirements of this Declaration.
Section 6.2 Lot's Utility Easements. Easements are granted in favor of each Lot Owner
to and throughout the Common Areas and, if necessary, the setback areas of any other Lots, as may be

necessary for the installation, maintenance, repair and use of underground water, gas, sewer, power and
other utilities and services including power and communication, now or hereafter existing, including
maintaining, repairing and replacing any pipes,wires, ducts, conduits, equipment,fixtures,utility, power
or communication lines or equipment, or other components. The foregoing notwithstanding, no Lot
Owner(other than Declarant) may exercise the easement rights reserved in this Section 6.2 without the
prior written approval of the Board as described in Section 6.6 below and the Declarant, so long as it
owns a Lot in the Subdivision.
Section 6.3 Utility Easements. Easements are reserved and/or granted hereby in favor of
the Declarant and/or the Association through each Lot(provided that such easements shall not materially
and unreasonably interfere with the use of any dwelling located upon any Lot)and the Common Areas for
the purpose of installing, laying, maintaining, repairing and replacing any pipes, wires, ducts, conduits,
equipment, fixtures,utility,power or communication lines or equipment, or other components throughout
the Common Areas. Each Lot Owner and/or his respective mortgagee by acceptance of a deed conveying
such ownership interest and each mortgagee encumbering such ownership interest, as the case may be,
hereby irrevocably appoint Declarant, or the Association, as the case may be, as his attorney in fact,
coupled with an interest,and authorize,direct and empower such attorney,at the option of the attorney,to
execute, acknowledge and record for and in the name of such Lot Owner and his mortgagee, such
easements or other instruments as may be necessary to effect the purpose of this Section 6.3. The
easements may be assigned and/or granted by the Declarant and/or the Association to any utility or
service company.
Section 6.4 General Easements. An easement is hereby reserved and/or granted in favor
of the Declarant and/or the Association in, on, over and through the Common Areas, the Lots and/or
Dwelling Units for the purposes of maintaining, cleaning, repairing, improving, regulating, operating,
policing,replacing and otherwise dealing with the Common Areas,Lots and/or Dwelling Units, including
all improvements thereon as required or permitted by the Constituent Documents or applicable law. An
easement is hereby reserved in favor of Declarant over the Common Areas for the purpose of advertising
or promoting sales of Lots or Dwelling Units in the Subdivision.
Section 6.5 Access Easement. Appurtenant to each Lot is an easement over any
Common Area for necessary pedestrian and vehicular ingress and egress to and from any such Lot over
the Common Areas, to and from a thoroughfare. The easement shall be over such walkways, driveways,
or other ways as are designated by the Declarant and/or the Association and shall be subject to the terms
of the Constituent Documents.
Section 6.6 Use of Easement. Any use of the rights and easements granted and reserved
in this Article VI shall be reasonable. If any damage, destruction, or disturbance occurs to a Lot or
Common Area as a result of the use of any easement or right, the Lot or Common Area shall be restored
by,or at the direction of,the Association promptly in a reasonable manner at the expense of the person or
persons making the use of the easement or right that resulted in the damage, destruction or disturbance.
Before beginning work,Association may require all or any part of the expected expense to be prepaid by
that person or those persons liable for the expense. Additionally, should any Lot Owner other than
Declarant elect to exercise its easement rights hereunder, it shall be required to obtain the Board's prior
written approval (not to be unreasonably withheld), after providing the Board with detailed plans of its
proposed work, as well as evidence of appropriate insurance and other such reasonable information or
assurances as the Board may require. No easement may be granted across, through, over, or under any
Lot or Common Area, which materially restricts ingress and egress to the Lot or Common Area, unless
reasonable alternate ingress and egress is provided or unless the restrictions is only temporary. All
easements reserved hereunder shall be perpetual and non-exclusive.

Section 6.7 Reservation of Access Easement by Declarant. Declarant reserves an
easement for itself,its grantees, successor and assigns,to enter upon the Subdivision for access,including
ingress and egress for both vehicles and pedestrians,to and from any public street,road,land,walkway or
right-of-way. The easement shall be over all the streets and other access ways of the Subdivision.
Declarant further reserves the right to connect,at Declarant's expense,to any street,roadway,walkway or
other means of access that are located on the Common Areas of the Subdivision. This reservation of
access easements and the right of connection should be construed liberally in favor of the Declarant, in
order to facilitate the development of all or any portion of Ashton Place.
Section 6.8 Reservation of Construction Easement by Declarant. The Declarant reserves
the non-exclusive right and easement to temporarily go upon the Subdivision in order to complete the
development of the Subdivision and the construction of the improvements to be located therein, and to
develop other neighboring land. The easement should be construed broadly in favor of the Declarant,
including giving Declarant the right to store temporarily construction materials,equipment or dirt. After
the construction is fmished, Declarant must, at Declarant's cost, repair any damage done to the
Subdivision including to any landscaping. As soon as reasonably possible after Declaration has
completed construction on the neighboring land, Declarant must remove all debris, equipment, materials
and dirt from the Subdivision.
Section 6.9 Declarant's Easements: General. The easements and grants reserved for and
granted to the Declarant also benefit and bind any heirs, successors and assigns of Declarant and their
respective guests, invitees or lessees, including, without limitation, assignees of Declarant who do not
own property within Ashton Place.
Section 6.10 Easements to Run with Land. All easements and rights described in this
Article VI are easements appurtenant,running with the land,perpetually in full force and effect,and at all
times shall inure to the benefit of and be binding on the Declarant, its successors and assigns, and any
Owner, purchaser, mortgagee, and other person or entity now or hereafter having an interest in the
Subdivision,or any part or portion of it.
Section 6.11 Reference to Easements and Deeds. Reference in the respective deeds of
conveyance or any mortgage or trust deed or other evidence of obligation, to this Declaration, shall be
sufficient to create and reserve such easements and rights to the respective grantees, mortgagees and
trustees in said instruments as fully and completely as those such easements and rights were recited fully
and set forth in their entirety in such instruments.
ARTICLE VII
INSURANCE
Section 7.1 General Insurance. In addition to such insurance as is required to be
maintained by the Association pursuant to the Roadway Declaration and the Recreational Facilities
Easement Agreement, the Association shall carry a master policy of fire and extended coverage,
vandalism, malicious mischief and liability insurance, and if required by law, workmen's compensation
insurance with respect to the Subdivision and the Association's administration thereof in accordance with
the following provisions:
7.1.1 The Association shall purchase a master policy for the benefit of the
Association, the Lot Owners and their mortgagees as their interest may appear, subject to the

provisions of this Declaration and the Bylaws. The "master policy"may be made up of several
different policies purchased from different agencies and issued by different companies.
7.1.2 All Common Areas now or at any time hereafter constituting a part of the
Subdivision shall be insured against fire and other perils covered by a standard extended coverage
endorsement, in an amount not less than one hundred (100%) percent of the replacement value
thereof, with a deductible agreed to by the Board of Directors, exclusive of the cost of the land,
foundations, footings, excavation, and architect's fees, without deduction for depreciation. The
policy shall have cost of demolition, water damage (excluding floods, backing up of sewers and
drains,the running off of surface water,and the overflow of a body of water),and agreed amount
endorsements and a deductible on any single loss or group of losses within one year in such
amounts as shall be found reasonable by the Board of Directors, after carefully considering and
comparing the increased premium costs resulting from a low deductible with the lower premium
costs but higher per loss risk resulting from a high deductible, together with all other pertinent
factors. The policy providing such coverage shall provide that no mortgagee shall have any right
to apply the proceeds thereof to the reduction of any mortgage debt. Such policy shall provide
coverage for built-in fixtures and equipment in an amount not less than one hundred percent
(100%)of the replacement cost thereof(subject to the deductible provisions described above)and
shall also provide that the insurer shall have no right to contribution from any insurance which
may be purchased by any Lot Owner as hereinafter permitted. Such policy shall also contain
either a waiver by the insurer of any increased hazard clause, a severability of interest
endorsement, or a provision stating that the coverage will not be affected by the act, omission or
neglect of any person unless such act,omission or neglect is within the knowledge and control of
the Association prior to the occurrence of the loss. Such policy shall not provide coverage for
any items of personal property owned by any Lot Owner.
7.1.3 Such master policy of insurance shall contain provisions requiring the
issuance of certificates of coverage and the issuance of written notice to the Association and to
any mortgagee or mortgagees of any Lot Owner not less than thirty (30) days prior to any
expiration,substantial modification or cancellation of such coverage.
7.1.4 Such insurance by the Association shall not prevent an Owner of a Lot to
obtain insurance on its own property, but no Lot Owner may at any time purchase individual
policies of insurance covering any item which the Association is required to insure. If any Lot
Owner does purchase such a policy, he or she shall be liable to the Association for any damages,
expenses or losses which it suffers or incurs as a result thereof,and the Association shall have the
same lien rights provided by Article V hereof for Common Expense payments with respect to any
such damages,expenses or losses not paid to it by such Owner.
7.1.5 The Board of Directors shall review the insurance coverage required under
this Section 7.1 at least annually, and if any of such insurance coverage becomes impossible or
impractical to obtain, the Association shall obtain coverage that most closely approximates the
required coverage with the deductible provisions as determined by the Board of Directors. In any
event, all such insurance must comply, at a minimum,with the applicable requirements set forth
in the North Carolina Planned Community Act.
7.1.6 The Association shall also maintain liability insurance in reasonable
amounts, covering all occurrences commonly insured against for death, bodily injury, and
property damage arising out of or in connection with the use, ownership, or maintenance of the
Common Areas. The Association shall try to have its liability insurance contain cross-liability

endorsements or appropriate provisions to cover liability of the Lot Owners,individually and as a
group(arising out of their ownership interest in the Common Areas),to another Lot Owner.
Section 7.2 Fidelity Insurance. The Association must have fidelity coverage against
dishonest acts on the part of Officers and employees,Members of the Association,members of the Board,
trustees, employees or volunteers responsible for the handling of funds collected and held for the benefit
of the Lot Owners. The fidelity bond or insurance must name the Association as the named insured and
shall be written in an amount sufficient to provide protection which is in no event less than the insured's
total Regular Assessment,plus all accumulated reserves and all other funds held by the Association either
in its own name or for the benefit of the Lot Owners.
Section 7.3 Directors' and Officers' Errors and Omissions Insurance. The Association
shall purchase insurance to protect itself and to indemnify any Director or Officer,past or present against
expenses actually and reasonably incurred by him/her in connection with the defense of any action,suit or
proceeding,civil or criminal,in which he is made a party by reason of being or having been such Director
or Officer,except in relation to matters as to which he shall be adjudged in such action,suit or proceeding
to be liable for negligence or misconduct in the performance of duty to the Association; or to obtain such
fuller protection and indemnification for Directors and Officers as the law of North Carolina permits. The
policy or policies shall be in an amount to be reasonably determined by the Association.
Section 7.4 Premiums. All premiums upon insurance purchased by the Association shall
be Common Expenses. Notwithstanding the foregoing, the Lot Owners may be responsible for certain
deductibles to the insurance policies purchased by the Association as outlined in Section 7.1 and Section
7.7 herein.
Section 7.5 Proceeds. Proceeds of all insurance policies owned by the Association shall
be received by the Association for the use of the Lot Owners and their mortgagees as their interest may
appear,provided,however,the proceeds of any insurance received by the Association because of property
damage shall be applied to repair and reconstruction of the damaged property,except as may otherwise be
permitted by this Declaration.
Section 7.6 Power of Attorney. Each Lot Owner shall be deemed to appoint the
Association as his true and lawful attorney-in-fact to act in connection with all matters concerning the
maintenance of the master policy or any other insurance policy obtained by the Association. Without
limitation on the generality of the foregoing, the Association as said attorney shall have full power and
authority to purchase and maintain such insurance,to collect and remit the premiums therefor, to collect
proceeds and to distribute the same to the Association,the Lot Owners and their respective mortgagees as
their interest may appear,to execute releases of liability and to execute all documents and to do all things
on behalf of such Lot Owners and the Subdivision as shall be necessary or convenient to the
accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to
such matters.
Section 7.7 Responsibility of Lot Owner. The Association shall not be responsible for
procurement or maintenance of any insurance covering any Lot or Dwelling Unit, or the contents of and
Lot or Dwelling Unit nor the liability of any Lot Owner for injuries not caused by or connected with the
Association's operation, maintenance or use of the Common Areas or other property located in the
Subdivision. Each Lot Owner shall, at his or her own expense, obtain public liability insurance for
personal injuries or damage arising out of the use and occupancy of or occurring within his Lot or
Dwelling Unit. In addition, each Lot Owner shall maintain fire and extended coverage insurance on his
Dwelling Unit, and the contents of his Dwelling Unit. The Association may request the Lot Owner to
provide a copy of the policy(s)to the Association evidencing this insurance coverage at any time.

Each Lot Owner agrees that if any Owner(s)damages a building or other improvements now or at
any time hereafter constituting a part of the Common Areas of the Subdivision which is covered under the
Association's insurance policy, the Owner or Owners causing such damage shall be responsible for
paying the lesser of: (a)the insurance deductible due under the Association's insurance policy;or(b)the
cost to repair and/or replace any damage to a building or other improvements,which amount shall be due
within ten(10)days after the delivery of written notice of such deductible due or replacement/repair costs
by the responsible Lot Owner(s) or twenty (20) days after mailing of such notice by certified mail,
whichever occurs first. In the event a Lot Owner refuses or fails to pay the insurance deductible or
replacement/repair costs in the time period provided in the preceding sentence,the amount thereof may be
advanced by the Association and the amount so advanced by the Association shall be assessed to such
Owner as an Individual Assessment, which shall be due and payable following seven (7) days written
notice.
Section 7.8 Release. All policies purchased under this Article VII by either the
Association or the individual Lot Owners shall provide for the release by the issuer,thereof,of any and all
rights of subrogation or assignment and all causes and rights of recovery against any Lot Owners,
member of their family, their employees, their tenants, servants, agents and guests, the Association, any
employee of the Association, the Board, or any occupant of a Dwelling Unit in the Subdivision, for
recovery against any one of them for any loss occurring to the insured property resulting from any of the
perils insured against under the insurance policy.
Section 7.9 Approximate Coverage. If any of the required insurance coverage under this
Article VII becomes or is impossible to obtain or can be obtained only at an unreasonable cost, the
Association shall obtain coverage which most closely approximates the required coverage, if such
substitute insurance is available.
Section 7.10 Additional Policy Requirements. All such insurance coverage obtained by
the Association shall be written in the name of the Association,for the use and benefit of the Association,
the Lot Owners and their mortgagees, as further identified below. Such insurance shall be governed by
the provisions hereinafter set forth:
7.10.1 Exclusive authority to adjust losses under policies in force on the Subdivision
obtained by the Association shall be vested in the Association provided, however, that no
mortgagee having an interest in such losses may be prohibited from participating in the settlement
negotiations,if any,related thereto.
7.10.2 In no event shall the insurance coverage obtained by the Association
hereunder be brought into contribution with insurance purchased by individual Owners,
occupants,or their mortgagees,and the insurance carried by the Association shall be primary.
7.10.3 All casualty insurance policies shall have an agreed amount endorsement
with an annual review by one or more qualified persons.
7.10.4 The Association shall be required to make every reasonable effort to secure
insurance policies that will provide for the following:
7.10.4.1 a waiver of subrogation as discussed in Section 7.8;
7.10.4.2 that no policy may be canceled, invalidated,or suspended on account
of the acts of any one or more individual Owners;

7.10.4.3 that no policy may be canceled, invalidated or suspended on account
of the conduct of any Director, officer or employee of the Association or its duly
authorized manager without prior demand in writing delivered to the Association to cure
the defect and the allowance of a reasonable time thereafter within which the defect may
be cured by the Association,its manager,any Owner or mortgagee; and
7.10.4.4 that any "other insurance" clause in any policy exclude individual
Owner's policies from consideration.
ARTICLE VIII
ASSOCIATION
Section 8.1 Association. The administration of the Subdivision shall be vested in the
Association. The Owner of any Lot, upon acquiring title, shall automatically become a Member of the
Association and shall remain a Member until such time as his ownership of such Lot ceases for any
reason,at which time his membership in the Association shall automatically cease. The Association shall
have full power and responsibility to administer, operate, sustain, maintain, and govern the Subdivision
including but not limited to,the powers and responsibilities to make prudent investments of funds held by
it; to make reasonable Rules and Regulations; to borrow money; to make Assessments;to bring lawsuits
and defend lawsuits; to enter into contracts; to enforce all of the provisions of this Declaration, the
Bylaws and any other documents or instruments relating to the establishment, existence, operation,
alternation of the Subdivision. The powers of the Association shall be construed liberally and shall
include, without limitation, all of the powers set forth in Section 47F-3-102 of the Planned Community
Act.
Section 8.2 Board of Directors. Unless otherwise specifically stated in this Declaration,
the Association shall act exclusively through its Board of Directors (the "Board"). The Association in
accordance with the Bylaws shall choose the Board. The Board shall be authorized to delegate the
administration of its duties and powers by written contract to a managing agent or administrator employed
for that purpose by the Board.
Section 8.3 Limitations on Association's Duties.
8.3.1 The Association did not construct the improvements, including the Dwelling
Units. The Association does not warrant in any way or for any purpose,the improvements in the
Subdivision. Construction defects are not the responsibility of the Association.
8.3.2 The Association shall have a reasonable time in which to make any repair or
do any other work,which it is required to do under the Constituent Documents. The Association
must first have actual knowledge of a problem. Any determination of the reasonableness of the
Association's response, must allow for the facts that the Association is volunteer and that the
funds available to the Association are limited.
8.3.3 In case of ambiguity or omission, the Board may interpret the Declaration
and the other Constituent Documents, and the Board's interpretation shall be final if made
without malice or fraud. Notwithstanding the foregoing, the Declarant may overrule any
interpretation affecting it, for so long as Declarant owns any portion of the Property, and such
interpretation cannot be enforce against the Declarant,its successors or assigns.

ARTICLE IX
HARMONY,ENVIRONMENTAL CONTROLS
Section 9.1 Architectural Control Committee.The following design and architectural control restrictions
shall apply for all lots:
9.1.1 No structure shall be erected, altered, placed or permitted to remain on any lot
other than a detached single-family dwelling not to exceed two (2) stories in height, plus one or more
accessory buildings, which may include a detached private garage; provided, however, that no garage
apartments shall be permitted; and,provided that any said accessory building may not be constructed prior
to the construction of the single-family dwelling and without the prior written approval of the Declarant or
its assignee;multi-family dwellings of any type are expressly forbidden.
9.1.2 . No dwelling, building, fence, wall, or mail receptacle or other structure, of
whatever nature or kind, or any portion thereof, shall be erected,placed or altered on any lot, nor shall the
grade or elevation or physical characteristics of any such lot, or portion thereof, be altered in any way
whatsoever, UNTIL the proposed building plans, specifications, fmishes, materials, site and grading plan
(showing the proposed location of such buildings or structures, drives, parking areas, fences, walls, mail
receptacles, and any proposed alterations to the grade, elevation or physical characteristics of the site),and
the construction schedule shall have been APPROVED IN WRITING BY THE DECLARANT, OR ITS
ASSIGNEE. Approval or disapproval of any of the above may be based by the Declarant upon any ground,
including purely aesthetic and environmental considerations that in the sole and uncontrolled discretion of
the Declarant shall seem sufficient.
9.1.3 Due to the fact that the establishment of standard inflexible building set back
lines for locations of dwellings on lots tends to force construction of dwellings directly to the side of one
another with detrimental effects on privacy, view, preservation of important trees and other vegetation,
ecological and related considerations,NO SPECIFIC SET BACK LINES are established by these Articles.
In order to assure,however, that the foregoing considerations are given maximum effect, the Declarant re-
serves the right to control and approve absolutely, as stated in Paragraph B hereinabove, the site and
location of any dwelling and/or structure upon any lot.
9.1.4 No single-family dwelling design or plan will be approved by the Declarant
unless the proposed dwelling will have the minimum required square footage of"enclosed dwelling area".
The term "enclosed dwelling area" as used in these minimum size requirements shall mean the total
enclosed area within a dwelling, provided, however, that such term does not include garages, terraces,
decks, porches, and like areas; provided, however, that shed-type porches, even though attached to the
house, are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". Said
minimum square footage shall be 1800 square feet.
9.1.5 Any structure erected on the lots shall be of wood, stone, brick veneer, tiles,
stucco, or concrete and stucco, and the design, as well as the materials used, as stated hereinabove in
Paragraph B,shall be subject to the prior written approval of the Declarant.
9.1.6 . Each lot owner shall provide receptacles for garbage in a screened area on his lot
not generally visible from any street or road or other lots, or provide underground garbage receptacles for
similar facilities.

9.1.7 No fuel tanks or similar storage facilities may be exposed to view on any lot.
Any such facility must be installed only within the main residential dwelling,within an accessory building,
within a screened area,or buried underground.
9.1.8 No trees of any size,exceeding five(5)inches in diameter measured one(1)foot
above the ground, may be removed from any lot without the prior written approval of the Declarant or its
assignee; said approval to be based upon a site plan, landscaping plan, or planting plan submitted to the
Declarant,or its assignee,by the lot owner.
9.1.9 Potable water is and shall be supplied to all lots within the development by the
city of Leland or some other community water system provider. No Owner of a lot in Ashton Place shall be
permitted to drill or otherwise construct any water well on said Owner's lot. However,an Owner may drill a
private well for the purpose,and only for the purpose,of providing a water supply for a lot or lawn sprinkler
system, provided, however, that such lot owner shall obtain the permission of the Declarant or the
Architectural Control Committee, its successors or assigns, for the drilling, installation and maintenance of
such sprinkler system,which such permission shall not be unreasonably withheld.
Section 9.2. Stormwater Runoff/NCDNR Permit Restrictions.
The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number SWB 040806, as issued by the Division of Water Quality under NCAC 2H.1000. The
State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stormwater management permit. These covenants are to run with the land and be
binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not
be altered or rescinded without the express written consent of the State of North Carolina, Division of
Water Quality. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality. The maximum allowable built-upon area(the"BUA")per
lot is 4500 square feet. This allotted amount includes any built-upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools. All runoff from the built-upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters which drain to the street,grading
the lot to drain toward the street, or grading the perimeter swales to collect lot runoff and directing them
into the stormwater system or into the street. Lots that will naturally drain into the system are not
required to provide these additional measures.
ARTICLE X
USE RESTRICTIONS
Section 10.1 Use and Occupancy. The Association shall make Rules and Regulations to
govern the use and occupancy of the Subdivision. In addition, the following covenants, conditions, and
restrictions, as to use and occupancy shall run with the land and shall be binding upon each Lot Owner,
his heirs,tenants, licensees and assigns.
Section 10.2 Purpose of Subdivision. Except as otherwise provided in this Declaration,no
part of the Subdivision shall be used for other than housing and the common recreational purposes for
which the property was designed, and each Lot shall be used only for residential purposes, unless the
Board of Directors authorizes some other use. Except for the construction, sales and management

activities (including, without limitation, the right of Declarant to maintain one or more model Dwelling
Units,or sales offices)of the Declarant,no business,trade,industry,occupation or profession of any kind,
whether for profit or not for profit, may be conducted, maintained, or permitted on any part of the
Subdivision property. To the extent permitted by law,an Owner may use a portion of his or her Dwelling
Unit for an office or studio(other than a music and/or dance studio)provided that the activities conducted
therein shall not interfere with the quiet enjoyment or comfort of any other owner or occupant; and
provided further that such activities do not increase the normal flow of traffic or individuals in and out of
the Subdivision or in and out of said Owner's Lot.
Section 10.3 Obstruction of Common Areas. There shall be no storage or parking of any
items, including baby carriages, playpens,bicycles, wagons, toys,vehicles, benches or chairs in any part
of the Common Areas, except as permitted by the Rules and Regulations. Patios porches (except
screened in and/or enclosed porches)and decks,may be used only for their intended purposes.
Section 10.4 Parking. Except for vehicles being used by persons providing services to the
Declarant,the Association,the Lot Owners or otherwise used or authorized to be used at the Subdivision
by the Declarant, no part of the Subdivision may be used for the parking of any trailer coach, house
trailer,mobile home, automobile trailer,motorcycle, camp car,recreational vehicle, camper,truck which
exceeds 3/4 ton, boat, boat trailer, or any vehicle with letters or other markings over four inches tall or
wide, or any other similar vehicle (collectively, "Special Vehicles"), unless such Special Vehicles are
parked in the garage of the Lot Owner who owns such Special Vehicle and the garage door of such Lot
Owner is completely closed at all times when a Special Vehicle is parked therein. Operative vehicles,
other than Special Vehicles, used by a resident of a Lot as a primary source of transportation may be
parked in the driveway of such Lot Owner or in any garage space owned by the Owner of such Lot.
However, the residents of any one Lot may not collectively park more than three (3) operative vehicles
other than Special Vehicles in the Subdivision. Inoperative vehicles may not be parked within the
Subdivision unless these inoperative vehicles are parked in the garage and the garage door is completely
closed. No auto maintenance and/or repairs may be performed on the Subdivision except if performed
inside the garage of a Lot Owner. Vehicles,whether owned by a Lot Owner or not,parked in violation of
any part of this Declaration or in violation of any Rules or Regulations,shall be towed away and stored at
the Owner's risk and expense. By parking in the Project, the Owner of the vehicle or other vehicle user
hereby waives any claim against the Association resulting directly or indirectly out of the towing,unless
the towing can be shown beyond a reasonable doubt to have been done maliciously by the Association.
Note that the Association is not obliged to try to determine the owner of a vehicle and first give notice,
before towing the vehicle.
Section 10.5 Compliance With Insurance Policies and Waste. Nothing shall be done or
kept in any Dwelling Unit, in the Common Areas or on a Lot which will increase the rate of insurance of
the buildings, or contents thereof, applicable for residential use, without the prior written consent of the
Association. No Lot Owner shall permit anything to be done or kept in his or her Dwelling Unit, in the
Common Areas or on a Lot which will result in the cancellation of insurance on the buildings,or contents
thereof, or which would be in violation of any law. No waste will be committed in the Common Areas.
All laws shall be obeyed.
Section 10.6 Animals and Pets. No animals, livestock or poultry of any kind shall be kept
or maintained on any Lot or in any dwelling except that dogs,cats or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and provided further
that they are not allowed to run free and are at all times properly leashed and personally escorted. No
animals, livestock or poultry of any kind may be raised,bred or kept in any Common Area. Pets must be
restrained or confined within the Lot and shall not become a nuisance or offend reasonable sensibilities of
other Owners. Owners must promptly remove any and all animal excrement from any and all Common

Areas and Lot(s)and keep such area(s)clean and free of pet debris.All animals must be properly tagged
for identification.
Section 10.7 Nuisances. No noxious or offensive activity shall be carried on in any
Dwelling Unit or in the Common Areas or on the Lot of an Owner, nor shall anything be done therein,
either willfully or negligently, which may be or become an annoyance or nuisance to the other Lot
Owners or occupants.
Section 10.8 Laundry or Rubbish and Open Fires in Common Areas and Facilities. No
clothes, sheets,blankets, laundry of any kind or other articles shall be hung out or exposed on any part of
the Common Areas,or on any Lot in a manner visible from any Common Area,neighboring Lot or street.
All Lots shall be kept free and clear of rubbish,debris and other unsightly materials. All trash,garbage or
other rubbish shall be deposited only in covered sanitary containers as provided in Section 10.
below. No open fires shall be permitted on any part of the Subdivision other than fires in charcoal grills
or other similar cooking devices located upon Lots or grills or similar devices (if any), owned by the
Association and constituting a portion of the Recreational Facilities, provided the use of such devices
does not violate any local governmental rules or regulations.
Section 10.9 Signage. Except as otherwise provided in this Declaration, no business, trade,
industry, occupation or profession of any kind, whether for profit or not for profit, shall be conducted,
maintained or permitted on any part of the Subdivision. A Lot Owner is permitted to place and maintain a
standard"For Sale"or"For Rent"sign only in the window of his Dwelling Unit;provided,however it is
of a typical size within the industry or within an area expressly permitted by the Board of Directors. No
other sign that is visible from the outside of Dwelling Units may be placed on any part of the Subdivision
except as expressly permitted by the Board of Directors. Declarant and/or the Board shall have the right
to immediately remove and dispose of those items in violation of this Declaration. A Lot Owner must
obtain the prior written consent of the Board of Directors in the event a Lot Owner desires to maintain a
"For Sale" or "For Rent" sign which is not of a typical size within the industry, or desires to maintain
other displays or advertising,unless otherwise provided for under the Rules and Regulations. The right is
reserved by the Declarant to use any such unsold or unoccupied Dwelling Units or other structures in the
Subdivision as models and/or offices in connection with the construction,sale or rental of Dwelling Units.
Section 1 0.1 0 Antennas/Satellite Dishes. No outside antennas or satellite dishes shall be
erected on any Lot or structure unless and until permission for the same has been granted by the
Committee or Declarant. Any such antennas or satellite dishes shall be screened from view by adjoining
property Owners and the users of any street or recreation area or Common Area. The design and location
of the screening shall be approved by the Committee or the Declarant.
Section 10.11 Utility Connections. All dwelling connections for all utilities, including, but
not limited to, water, electricity, gas,telephone, and television shall be run underground from the proper
connecting points to the dwelling structure in such manner as may be acceptable to the appropriate utility
authority. The cost for such underground service shall be shared by the Owner and utility company in
conformity with existing utility company policy if any.
Section 10.12 Alteration of Common Areas. Nothing shall be altered or constructed in or
removed from the Common Areas except as otherwise provided in this Declaration and except upon the
written consent of the Association. In addition, a Lot Owner must obtain the prior written consent of the
Board prior to installing and landscaping or planting any flowers, herbs or vegetables, on any portion of
the Subdivision(including any Lot).

Section 10.13 Trash Disposal. Each Lot Owner shall deposit all trash, garbage, or other
rubbish by as directed and instructed by the Board. Lot Owners shall keep trash containers at all times in
each Lot Owner's garage(if applicable), or in such other location as designated by the Board, except on
the days which trash, garbage, or other rubbish is collected by the local waste removal authorities. Any
trash containers placed outside by the Lot Owners in the location designated for collection by the local
waste removal authorities shall only remain in such location for a period not to exceed twenty-four(24)
hours. The Board shall have the right to dispose of any trash,garbage,or other rubbish of a Lot Owner in
violation of this Article X, and may assess the Lot Owner for the cost of such removal, which amount
shall be payable on the date the next installment of the regular assessment is due.
ARTICLE XI
ENFORCEMENT
Section 11.1 Enforcement.
11.1.1 The Association or any Lot Owner may enforce these covenants, conditions
and restrictions. Enforcement of these covenants, conditions and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
("Violating Party")any covenant, condition or restriction, either to restrain or enjoin violation or
to recover damages, and against the land to enforce any lien created by these covenants. In
addition to all other amounts due on account of said violation or attempted violation, the
Violating Party shall be liable to the parties enforcing the covenants and/or restrictions of this
Declaration (the "Enforcing Parties") for all reasonable attomey's fees and court costs incurred
by the Enforcing Parties. Failure or forbearance by the Association or any Owner to enforce any
covenant, condition or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter.In any lawsuit filed to enforce this Declaration by injunction or restraint,
there shall be and there is hereby created and declared to be a conclusive presumption that any
violation or breach or any attempted violation or breach of any of the within covenants,
conditions or restrictions cannot be adequately remedied by action at law or by recovery of
damages.
11.1.2 In addition to all other remedies of the Association, the Association shall
have the right to assess a maximum fine of$150.00 per day (or such higher amount as may be
allowed by law)per violation against any Owner who violates any provision of this Declaration
or the Articles, Bylaws or Rules and Regulations of the Association after such Owner has been
given notice of the violation and an opportunity to be heard with respect to the violation in
accordance with such policies and procedures as may be adopted from time to time by the Board
of Directors or as may be set forth in the Bylaws.
11.1.3 In addition to the above rights,the Association may also enter upon a Lot or
any land upon which a violation exists to remove any violation, perform maintenance or make
repairs thereon which is the responsibility of a Lot Owner who has failed to remove said violation
or to perform such maintenance or make such repairs (i) after having given such owner at least
ten(10)days prior notice,or(ii)without giving notice in the event of an emergency.
Any action brought by the Association hereunder may be brought in its own name, in the name of
its Board or in the name of its managing agent. In any case of flagrant or repeated violation by a Lot
Owner, he or she may be required by the Association to give sufficient surety or sureties for his or her

future compliance with the covenants, conditions and restrictions contained in this Declaration, the
Bylaws and the Rules and Regulations.
Section 11.2 Severability. Invalidation of any one of these covenants, conditions or
restrictions by judgment or court order shall in no way affect any other provisions,which shall remain in
full force and effect.
Section 11.3 Restrictions Run With Land. The easements or other permanent rights or
interests are herein created, the covenants and restrictions of this Declaration shall run with and bind the
land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any
Dwelling Unit subject to this Declaration, their respective legal representatives, heirs, successors, and
assigns.
Section 11.4 Amendment. The Association (the Declarant controlling the Association
until the expiration of the Development Period) may amend this Declaration at any time, as long as
consistent with the design, scheme and purposes of this Declaration, by the affirmative vote or written
agreement of the Owners to whom not less than seventy-five percent (75%) of all of the votes in the
Association are allocated in accordance with Section 4.4 and Section 4.5 above. Any amendment must be
recorded in the Brunswick County Register of Deeds. Following the end of the Development Period,no
such agreement to amend, in whole or in part, shall be effective unless written notice of the proposed
amendment is sent to every Member at least thirty(30)days in advance of any action taken,and no such
amendment shall be effective with respect to any permanent easements or other permanent rights or
interests relating to the Common Areas herein created(unless such amendment is consented to in writing
by Declarant and all other beneficiaries of such permanent easements,rights of interests).
Section 11.5 Reservation of Special Declarant Rights. Declarant reserves the right to
maintain sales and management offices, model units, construction trailers, storage or staging areas, and
advertising signs upon Lots or the Common Areas and upon Lots owned by it until the expiration of the
Development Period and to exercise all other "Special Declarant Rights" as defined in the Planned
Community Act. Without limiting the foregoing, and notwithstanding anything herein to the contrary,
during the Development Period, Declarant shall have the right to annex additional Lots or Common Areas
into the Subdivision by filing a supplement to this Declaration in the Brunswick County Public Registry
together with an amendment to the Plat(if applicable). Such additional Lots or Common Areas need not
be contiguous to the Property. Declarant shall have the right to assign all or a portion of any rights or
easements reserved herein by a written assignment thereof, recorded in the Brunswick County Public
Registry.
Section 11.6 Management and Service Contracts. Any agreement for the professional
management of the Subdivision of the Common Areas may not exceed three(3) years and shall provide
for termination by either party without cause and without payment of a termination fee upon reasonable
notice.
Section 11.7 Binding Determination. In the event of any dispute or disagreement with or
between any Owner(s) relating to, or of any other disputes, disagreements or questions regarding, the
interpretation or application of the provisions of this Declaration or the Articles or Bylaws of the
Association, the determination thereof(i) by Declarant for so long as Declarant retains control of the
Association; and(ii)thereafter by the Board of Directors of the Association shall be final and binding on
each and all such Owners;providing that any determination which directly or indirectly affects Declarant
shall require Declarant's prior consent to become binding upon Declarant.

Section 11.8 Captions and Titles. All captions, titles or headings in this Declaration are
for the purpose of reference and convenience only and are not deemed to limit,modify or otherwise affect
any of the provisions hereof,or to be used in determining the intent or context thereof.
Section 11.9 Notices. Except as otherwise provided in this Declaration,any notice to any
Owner under this Declaration shall be in writing, shall be effective on the earlier of(i) the date when
received by such Owner, or (ii) the date which is three days after mailing (postage prepaid) to the last
address of such Owner set forth in the books of the Association. The address of an Owner shall be at his
Lot (or any of them if more than one) unless otherwise specified in writing to the Association. The
Articles and Bylaws shall specify the permissible manner of giving notice for voting and all other
Association matters for which the manner of giving notice is not prescribed in this Declaration.
Section 11.10 Governing Law. This Declaration shall be deemed to be made under, and
shall be construed in accordance with and shall be governed by, the laws of the State of North Carolina,
and suit to enforce any provision hereof or to obtain any remedy with respect hereto shall be brought in
state court in Brunswick County, and for this purpose each Owner by becoming such hereby expressly
and irrevocably consents to the jurisdiction of said court.
ARTICLE XII
MORTGAGEE'S RIGHTS
Section 12.1 Notice of Rights of Mortgagee of a Lot. As used herein, the term
"Mortgagee"shall mean the holder of a first lien mortgage or deed of trust on a Lot who provides notice
to the Association with its name and address with a request to receive any notices and other rights
provided to "Mortgagees" under this Article XII. A Mortgagee of a Lot shall be entitled to receive
written notification of any default, not cured within sixty(60)days after its occurrence,by the Owner of
the Lot with respect to any obligation of the Owner under the Declaration,the Bylaws of the Association
or the Articles of Incorporation of the Association. Any Mortgagee of a Lot can make the request for
notification. The notification shall be sent not later than the 65th day after the occurrence of an uncured
Default.
Section 12.2 Rights of First Refusal. Any right of first refusal now or hereafter contained
in this Declaration or any amendment or modification hereto or otherwise arising in favor of the
Association or certain Owners shall not apply to or preclude or impair in any way the right of the first
Mortgagee to (i) foreclose or take title to the Lot pursuant to the remedies provided in its mortgage; (ii)
accept a deed or assignment in lieu of foreclosure in the event of a default under the Mortgage;or(iii)sell
or lease a Lot and Dwelling Unit acquired by the Mortgagee.
Section 12.3 Rights of Mortgagee. Unless at least seventy five percent (75%) of the
Mortgagees(based upon one vote for each first mortgage or deed of trust owned), and a vote of seventy-
five percent(75%)of the votes allocated to the Members entitled to vote hereunder,the Association shall
not:
12.3.1 by an act or omission seek to abandon,partition,subdivide,encumber,sell or
transfer the Subdivision or Common Areas or improvements located thereon which are owned
directly or indirectly by the Association for the benefit of the Lots(the granting of easements for
public utilities or for other purposes consistent with the intended use of the Subdivision, or the
conveyance of Common Area(not including the Recreational Facilities)to a local governmental

authority for public park purposes or the conveyance or dedication of Roadways shall not be
deemed a transfer within the meaning of this clause);
12.3.2 change the method of determining the obligations,assessments,dues or other
charges which may be levied against a Lot;
12.3.3 by act or omission change, waive or abandon any scheme of regulation or
enforcement thereof pertaining to the architectural design or exterior appearance of the Dwelling
Units, the exterior maintenance of the Dwelling Units, the maintenance of common fences or
driveways or the upkeep of lawns and plantings in the Subdivision;
12.3.4 fail to maintain fire and extended coverage insurance on insurable Common
Areas on current replacement cost basis in an amount not less than one hundred percent(100%)
of the insurable value(based on current replacement cost); or
12.3.5 use hazard insurance proceeds for losses to any Common Areas for other
than the repair,replacement or reconstruction of such Common Areas.
Section 12.4 Right to Examine Books and Records. Mortgagees, their successors or
assigns, shall have the right to examine the books and records of the Association.
Section 12.5 Taxes and Insurance. Mortgagees may,jointly or singly, pay taxes or other
charges which are in default and which may or have become a charge against any Lot and may pay
overdue premiums on hazard insurance policies,or secure new hazard insurance coverage on the lapse of
a policy, for such Lot, and first mortgagees making such payments shall be owed immediate
reimbursement therefor from the Lot Owner.
Section 12.6 Insurance Proceeds and Condemnation Awards. No provision of this
Declaration or any other document or instrument affecting the title to the Property, Common Areas, any
Lot or the organization or operation of the Association shall give an Owner or any other party priority
over any rights of first mortgagees of Lots within the Subdivision pursuant to their mortgages in the case
of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of
Common Areas.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day
and year first above written.
WRB DEVELOPMENT,LLC
a North Carolina Limited Liability Company
By: (Seal)
J. Steven Cashwell,Manager
By: (Seal)
Timothy Johnson,Manager

STATE OF NORTH CAROLINA
COUNTY OF
I, ,a Notary Public of the State and County aforesaid,certify that
J. STEVEN CASHWELL and TIMOTHY JOHNSON, personally came before me this day and
acknowledged that they are MANAGERS of WRB DEVELOPMENT, LLC, a North Carolina limited
liability company with its principal office in New Hanover County, and that by authority duly given and
as the act of the limited liability company,the foregoing instrument was signed by them on behalf of and
as an act of the Company.
WITNESS my hand and official seal this day of_ 2004.
Notary Public
My commission expires:
[NOTARIAL SEAL]

EXHIBIT A
Legal Description
BE NG located in Brunswick County,North Carolina,and being more particularly depicted as
( _)subdivided residential building Lots,together with associated Common Areas
(including private alleys,public rights of way,private parks depicted as" "and" "and
common open space depicted as"COS")on a plat of survey entitled"

CONSENT OF MORTGAGEE
FIRST CITIZENS BANK, a North Carolina banking corporation and the holder of a Deed of
Trust recorded in the Office of the Brunswick County,North Carolina Register of Deeds, in Book
Page , and , in his/"her capacity as trustee under the aforesaid deed
of trust, hereby consent to the execution and delivery of the foregoing Declaration of Covenants,
Conditions and Restrictions, with exhibits thereto (the "Declaration"), and to the filing thereof, in the
office of the County Recorder of Brunswick County,North Carolina,and further subject and subordinate
the above-described deed of trust to the provisions of the foregoing Declaration with attached exhibits
(including,without limitation,any easements reserved therein).
IN WITNESS WHEREOF, FIRST CITIZENS BANK, by its authorized officer, and the
undersigned Trustee have caused this Consent to be executed this day of ,2004.
FIRST CITIZENS BANK
By:
Name:
Title:
Name:
Title: Trustee under the aforesaid Deed of Trust
STATE OF
COUNTY OF
1, , a Notary Public of County,
State of ,certify that ,personally came before me this
day and, being duly sworn, acknowledged that he/she is President of
, an corporation and that the seal affixed to the foregoing
instrument in writing is the corporate seal of said corporation,and that said writing was signed and sealed
by him/her in behalf of said corporation by its authority duly given. And the President
acknowledged the said writing to be the act and deed of said corporation.
Witness my hand and official stamp or seal this day of ,2004.
My Commission Expires:
Notary Public
[NOTARY SEAL]

STATE OF
COUNTY OF
I, , a Notary Public of County, State of
, do hereby certify that , Trustee, personally
appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal this day of ,2002.
My Commission Expires:
Notary Public
[NOTARY SEAL]

INFORMAL ACTION OF ORGANIZER
OF
WRB DEVELOPMENT,LLC
The undersigned, being the Organizer of WRB DEVELOPMENT, LLC does hereby take the
following actions pursuant to North Carolina law:
1. Iuiiial--Manager. The following individual is hereby appointed as the initial
Manager to serve until his successor is elected and qualified:
J.Steven Cashwell
Timothy C.Johnson
•
The Organizer hereby directs the Manager to hold the
2. . .
initial meeting of Manager of the Companyor to otherwise cause the organizational
function of the Company to occur through informal action as permitted by North Carolina
law.
3. Effective_Date. This action shall be effective as of the day of June 2004.
JEFF TER,Organizer
RECEIVED
JAN282005
DWQ
PROJ# 5( )$0 1-O FQCO
\i;( '2. ern2ii

P. 1
* * * COMMUNICATION RESULT REPORT ( JAN.27.2005 6:04PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
554 MEMORY TX 93439604 ;,,,. : OK P. 2/2
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael P. Easley, Governor William G.Ross Jr., Secretary
FAX COVER SHEET
P'rrlW Retire W LV,8 •
Date: t - -U5 No. Of Pages:
To: Phil 1 Der-S From: Lind a- L.-e.. .X S
CO: CO: CAW
FAX#: 43-RCe0 FAX#: [phone]
REMARKS: h PI'
127 Cardlnol Drive Extension,Wilmington,N.C.284054845 Telephone[phone])'ax(910)350.2004
An Equal Opportunity Alllrmatl vn Action Emplayor

WA:TF9 Michael F. Easley, Governor
Cft
0 6 William G. Ross,Jr., Secretary
r North Carolina Department of Environment and Natural Resources
0 " Alan W. Klimek, P.E. Director
Division of Water Quality
January 27, 2005
Mr. J. Steven Cashwell, Member/Manager
WRB Development, LLC
108 N. Kerr Avenue, D4
Wilmington, NC 28405
Subject: Request for Additional Information
Stormwater Project No. SW8 040806
Ashton Place Subdivision
Brunswick County
Dear Mr. Cashwell:
The Wilmington Regional Office received previously requested information regarding the
Express Stormwater Management Permit Application for Ashton Place Subdivision on January
26, 2005. A preliminary review of that information has determined that the application is not
complete. The following information is needed to continue the stormwater review:
1. The restrictive covenants do not reflect the high density subdivision language as
previously requested. The covenants provide restrictions for curb outlet swales,
however, no curb outlet swales are proposed. The amount of built-upon area for
each lot is listed in the covenants as 2,200 square feet. However, the previously
submitted application was for 4,500 square.feet. Is it your intent that the overall
project be kept as low density? If so, you will need to resubmit page 2 of the
application to accurately reflect the proposed built-upon area.
2. The Division previously requested that you provide documentation of your status
as the manager of the LLC. The document you submitted is only a copy of the
Articles of Incorporation. They do not name you as the manager of the LLC.
Please provide a document wherein you are named as the manager of the LLC.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to February 3, 2005, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us ne
1V�rthCarolina
An Equal opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally

Mr. Cashwell
January 27, 2005
Stormwater Application No. SW8 040806
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer,
ENB/arl: S:IWQS\STORMWATERIADDINFO120051040806.jan05
cc: Phil Norris, P.E., Norris Kuske & Tunstall
Linda Lewis
Page 2 of 2

,Alk
' NORRIS, KUSKE & J. Phillip Norris, P.E.
TUNSTALL John illipe, III, RE.
John S.Tunstall, P.E.
CONSULTING ENGINEERS , INC . J.A. Kuske, RE.ofCounsel
January 25, 2005
Ms. Linda Lewis
NC DENR
Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Ashton Place Subdivision
SW8 040806
Express Submittal
Additional Information Response
NKT Project No. 04064
Dear Ms. Lewis:
We are responding to your comment letter of November 15, 2004 as follows:
1. We are enclosing a copy of the revised deed restrictions for your review.
2. The grades have been changed to allow drainage of Swale#3 to Pond #2.
3. Contour data has been added to the plans.
4. It is our intent that the drainage from the turn lanes not go into the ponds. We have added spot
elevations to clarify this.
5. The orifice inverts have been corrected.
6. A baffle has been added to Pond #2 to increase the length to width ratio.
7. Documentation of Mr. Cashwell's status as Manager of the LLC is enclosed.
We are submitting two (2) sets of revised plans, one (1) copy of the deed restrictions, and one (1) copy of
the LLC management documentation for your continued review and approval. Please let us know if you
need any additional information. Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE &TUNSTALL
•j,frNGEEI. RECEIVED
OPhi • orris, P.:� BY:____--- -
PN/asn 04064 01-25-05-s-sw response-itr
cc: Steve Cashwell
902 Market Street • Wilmington, NC 28401-4733 • Phone:[phone] • Fax: [phone]

JAN-25-2005—TUE 04: 29 PM B C & K FAX No, 910 762 6429 P. 002
SOSID:722918
Date Filed:4/27/2004 10:40:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C200411700744
ARTICLES OF ORGANIZATION
OF
WRB DEVELOPMENT,LLC
1
•
•
TO THE SECRETARY OF STATE
OF THE STATE OF NORTH CAROLINA:
Pursuant to Section 57C-2-21 of the North Carolina Limited Liability Company Act,the
undersigned adopt the following Articles of Organization for the company:
ARTICLE I
NAME
The name of the Limited Liability Company shall be:
WRB DEVELOPMENT,LLC
ARTICLE II
JNZJAL REGISTERED AGENT AND REGISTERED OFFICE
The street address of the initial registered office shall be:
108 North Kerr Avenue,Suite D-4,
Wilmington,New Hanover County,
North Carolina 28405.
The mailing address of the initial registered office shall be:
108 North Kerr Avenue,Suite D-4,
Wilmington,New Hanover County,
North Carolina 28405.
The name of the initial registered agent at the registered office is:J.Steven Casbwell.
ARTICLE 111
PRINCIPLE PLACE OF BUSINESS
The street address and mailing address of the initial principle place of business shall be:
108 North Kerr Avenue,Suite D-4,
Wilmington,New Hanover County,
North Carolina 28405.
1

JAN-25-2.005—TUE 04: 30 PM B C & K FAX No. 910 762 6429 P. 003
ARTICLE IV
PERIOD OF DURATION
The Company's existence shall commence upon the acceptance and filing of these Articles of
Organization by the Secretary of State of North Carolina and shall have perpetual existence unless
sooner dissolved pursuant to the terms of the Operating Agreement or North Carolina law.
ARTICLE''V
MANAGER MANAGED COMPANY
Except as provided by NCGS 57C-3-20(a),not all members shall be managers of the Limited
Liability Company by virtue of their status as members.
ARTICLE VII
PARTIES TO THIS DOCUMENT
• The name and address of the person executing these Articles of Organization as Organizer is
as follows:
Jeffrey P. Keeter,Organizer
310 North Front Street,Suite 200
Post Office Box 4
Wilmington,New Hanover County,
North Carolina 28402
ARTICLE VII •
INDEMNIFICATION QF MANAGERS
A. A manager of this Company shall not be personally liable to the Company or its
members for monetary damages for breach of fiduciary duty as a manager,except for liability(i)for
any breach of the manages duty of loyalty to the Company or its members,(ii)for acts or omissions
not in good faith or which involve intentional misconduct or knowing violation of any law,(iii)for a
transaction from which the manager derived an improper personal benefit, or (iv) under the
provisions of Section 57C-4-07 of the North Carolina Limited Liability Company Act..
B. A manager ofthis Company shall be reimbursed for and indemnified by the Company
against any payments made or personal liabilities reasonably incurred by any manager in the
authorized conduct of its business or for the preservation of its business or property.
C. The Company may,by action of its managers,provide indemnification to such of the
officers,employees,and agents of the Company to such extent and to such effect as the managers
shall determine to be appropriate and authorized by applicable law.
•

JAN-25-?005—TUE 04:30 PM B C & K FAX No, 910 762 6429 P, 004
D. The rights and authority conferred in this Article shall not be exclusive of any other
right which any person or the Company may have or hereafter acquire under any statute,provision of
the Articles of Organization or Operating Agreement of the Company,agreement,vote of members
or-disinterested managers or otherwise.
This the 50day of April,2004.
4gan ± i
•
•
•
1

11/23/2004 TUE 13:25 FAX [phone] Norris, Kuske, Tunstall I1001/001
lli
ANORRIS, KUSKE TUNSTALL J hJ. A.Kusk ,III,P.E.
ohnA.Kuske,III,P.E.
sr: John S.Tunstall,P.E.
CONSULTING ENGINEERS , INC . J.A.Kuske, RE.of Counsel
Memorandum,
Date: November 23, 2004
To: Linda Lewis
NC DENR
From: Phil Norris, P.E. ,fr (1)(1
I
Re: Ashton Place Subdivision
Stormwater Project No. SW8 040806
NKT Project No. 04064
In response to your comment letter of November 15, 2004, we are not able to meet the
deadline of November 22, 2004 for sending in the requested additional information. We will
submit the information to you as soon as possible. Thank you for your assistance on this
project.
JPN/asn
04064 11-23-04-s-sw response-m
cc: Steve Cashwell/WRB Development, LLC
902 Market Street • Wilmington, NC 28401-4733 • Phone:[phone] • Fax:[phone]

,bQF W Ar i(1 Michael F. Easley, Governor
0 G William G. Ross, Jr., Secretary
�? North Carolina Department of Environment and Natural Resources
T Alan W. Klimek, P.E. Director
Division of Water Quality
November 15, 2004
Mr. John Steven Cashwell, Member/Manager
WRB Development, LLC
108 N. Kerr Avenue, D4
Wilmington;-NC 28405
Subject: Request for Additional Information
Stormwater Project No. SW8 040806
Ashton Place Subdivision
Brunswick County
Dear Mr. Cashwell:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Ashton Place Subdivision on November 11, 2004, with a scheduled review date of November
15, 2004. A preliminary review of that information has determined that the application is not
complete. The following information is needed to continue the stormwater review:
1. Since the project is now high density, please provide revised restrictive covenants to
add the language in Section VII, #2. Please delete the requirements for a 30'
vegetated buffer and for terminating the roof drains 30' from MHW. Since the project
is no longer low density, these statements do not apply.
2. Please explain how the runoff which enters Swale #3 will ever be able to drain into
Pond #2, given that the invert of Swale#3 is 38, and the invert of the swale behind
Lot 7 is 40.
3. Please provide sufficient contour information for the adjoining properties to support
your claim that no offsite runoff enters this project.
4. How will the drainage for the turn lanes added to Old Fayetteville Road be handled?
It appears that some of it may enter Pond #2, unless it is picked up and redirected.
The labels for the existing and proposed grades on the plans are on top of each
other and difficult to read. It is not clear from the Drainage Area map if the turn lane
is included in the drainage area of Pond #2 or not.
5. Please correct the orifice inverts on the outlet structure details. The label description
between the section and elevation views has the orifice invert for both ponds as
27.5.
6. The lack of a 3:1 length to width ratio in Pond 2 is a concern. By making the forebay
a triangular shape, and placing the outlet in the opposite corner, you have effectively
reduced the average width from 73' to 53'. Therefore, the diagonal length must be
around 160', from forebay to outlet. If you elect to use baffles in the pond to
artificially create the necessary 3:1 ratio, please specify a top elevation of the baffle
which is at least up to the temporary storage elevation, revise the section detail to
include the baffles, and add the locations of the baffles to the dimension detail.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet h2o.enr.state.nc.us e
o Caro/ma
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Naturally

Mr. Cashwell
November 15, 2004
Stormwater Application No. SW8 040806
7. Please provide documentation of your status as Manager of the LLC.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to November
22, 2004, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
4:xic .4.0A6/
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\2004\040806.nov04
cc: Phil Norris, P.E., Norris Kuske & Tunstall
Linda Lewis
Page 2 of 2

P. 1
* * * COMMUNICATION RESULT REPORT ( NOV.15.2004 6:58PM )
TTI NCDENR WIRO
FILE*MODE OPTION ADDRESS (GROUP) RESULT PAGE
063 MEMORY TX 93439604 OK P. 8/8
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
FAX COVER SHEET
Date: November 15, 2004 No. of Pages: r8'
To: Phil Norris, P.E. From: Linda Lewis
Company: Norris Kuske &Tunstall Water Quality Section - Stormwater
FAX#: [phone] FAX#[phone]
Phone#[phone]
DWQ Stormwater Project Number: SW8 041025 & SW8 040806
Project Name: Caison's Creek and Ashton Place Subdivisions
MESSAGE:
Attached are the additional information request letters, dated November 15,
2004, for the Express projects listed above.

Entity Names Page 1 of 1
North Carolina
" •
iE•t- �;: Elaine F Marshall EPA I EN$I.� OE' '111E
r� Secretary ,DECRETARY of t�+T, ;sTE
•
PO Box 2%22 R4 ii"NC 276.264)6 R91 U 8C7-2-V5
Corporations Date: 11/15/2004
*Corporations Home Click here to:
"Important Notice
*Corporate Forms/Fees View Document Filings
"Corporations FAQ 1.111rint a pre-populated Annual Report Form I File an Annual Report I
*Tobacco Manufacturers
"Verify Certification Corporation Names
*Online Annual Reports
Lin s Name Name Type
*Secretary Of State Home P Yp
r't+ WRB Development,
*Business LicenseLegal
"Register for E-Procurement LLC
"Dept. of Revenue Limited Liability Company Information
Legislation
01999 Senate Bills SOSID: 0722918
62001 Bill Summaries
'Annual Reports 1997 Status: Current-Active
='Corporations 1997 Date Formed: 4/27/2004
*Other Legislation
Search Citizenship: Domestic
"By Corporate Name State of Inc.: NC
'For New Corporation Duration: Perpetual
*By Registered Agent p
Online Orders Registered Agent
*Start An Order
"New Payment Procedures Agent Name: Cashwell, J. Steven
Registered Office Address: 108 N. Kerr Avenue
Suite D-4
Wilmington NC 28405
Registered Mailing 108 N. Kerr Avenue
Address: Suite D-4
Wilmington NC 28405
Principal Office Address: 108 N. Kerr Avenue
Suite D-4
Wilmington NC 28405
Principal Mailing Address: 108 N. Kerr Avenue
Suite D-4
Wilmington NC 28405
For questions or comments about the North Carolina Secretary of State's web site,please send e-mail to Webmaster.
For questions or comments concerning the Corporations Division,please send e-mail to Corporations Administrator
Click here for help downloading forms.
http://www.secretary.state.nc.us/Corporations/soskb/Corp.asp?6462489 11/15/2004

SOSID: 722918
Date Filed:4/27/2004 10:40:00 AM
Elaine F.Marshall
North Carolina Secretary of State
C200411700744
ARTICLES OF ORGANIZATION
OF
WRB DEVELOPMENT,LLC
TO THE SECRETARY OF STATE
OF THE STATE OF NORTH CAROLINA:
Pursuant to Section 57C-2-21 of the North Carolina Limited Liability Company Act, the
undersigned adopt the following Articles of Organization for the company:
ARTICLE I
NAME
The name of the Limited Liability Company shall be:
WRB DEVELOPMENT,LLC
ARTICLE II
INITIAL REGISTERED AGENT AND REGISTERED OFFICE
The street address of the initial registered office shall be:
108 North Kerr Avenue,Suite D-4,
Wilmington,New Hanover County,
North Carolina 28405.
The mailing address of the initial registered office shall be:
108 North Kerr Avenue,Site D-4,
Wilmington,New Hanover County,
North Carolina 28405.
The name of the initial registered agent at the registered office is: J.Steven Cashwell.
ARTICLE III
PRINCIPLE PLACE OF BUSINESS
The street address and mailing address of the initial principle place of business shall be:
108 North Kerr Avenue,Suite D-4,
Wilmington,New Hanover County,
North Carolina 28405.
1

ARTICLE IV
PERIOD OF DURATION
The Company's existence shall commence upon the acceptance and filing of these Articles of
Organization by the Secretary of State of North Carolina and shall have perpetual existence unless
sooner dissolved pursuant to the terms of the Operating Agreement or North Carolina law.
ARTICLE V
MANAGER MANAGED COMPANY
Except as provided by NCGS 57C-3-20(a),not all members shall be managers of the Limited
Liability Company by virtue of their status as members.
ARTICLE VI
PARTIES TO THIS DOCUMENT
The name and address of the person executing these Articles of Organization as Organizer is
as follows:
Jeffrey P. Keeter, Organizer
310 North Front Street, Suite 200
Post Office Box 4
Wilmington,New Hanover County,
North Carolina 28402
ARTICLE VII
INDEMNIFICATION OF MANAGERS
A. A manager of this Company shall not be personally liable to the Company or its
members for monetary damages for breach of fiduciary duty as a manager,except for liability(i)for
any breach of the manager's duty of loyalty to the Company or its members,(ii)for acts or omissions
not in good faith or which involve intentional misconduct or knowing violation of any law,(iii)for a
transaction from which the manager derived an improper personal benefit, or (iv) under the
provisions of Section 57C-4-07 of the North Carolina Limited Liability Company Act.
B. A manager of this Company shall be reimbursed for and indemnified by the Company
against any payments made or personal liabilities reasonably incurred by any manager in the
authorized conduct of its business or for the preservation of its business or property.
C. The Company may,by action of its managers,provide indemnification to such ofthe
officers, employees, and agents of the Company to such extent and to such effect as the managers
shall determine to be appropriate and authorized by applicable law.
2
1

D. The rights and authority conferred in this Article shall not be exclusive of any other
right which any person or the Company may have or hereafter acquire under any statute,provision of
the Articles of Organization or Operating Agreement of the Company,agreement,vote of members
or disinterested managers or otherwise.
This the 30day of April,2004.
Ie g
a r Or an der
3

WET DETENTION POND ANALYSIS
FILE NAME: G:IDATAWPDATAIWQSIPOND1040806-2.nov04.WK1
PROJECT#: SW8 040806-2.nov04 REVIEWER: L. Lewis
Pond 2
PROJECT NAME: Ashton Place Subdivision DATE: 15-Nov-04
Receiving Stream: UT Sturgeon Creek Class: C Sw
Drainage Basin: Cape Fear Index No. CPF17 18-77-1
Site Area 22.62 acres
Drainage Area .`?.<:` '„square feet Area in Acres 4.49
IMPERVIOUS AREAS Rational C
17 lots ©4500 76500.00 square feet 1.00
Street 15044.00 square feet 1.00
SW square feet
Future 6202.00 square feet 1.00
square feet
square feet
TOTAL ..:.: Ili square feet Rational Cc= 0.60
SURFACE AREA CALCULATION
% IMPERVIOUS 50.00% SA/DA Ratio 3.50%
Des. Depth 5 Req. SA 6842 sf
TSS: 90 Prov. SA , ,. . y€>€ •i sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?* 1 FOREBAY
Des. Storm !!::iiiiiiiiiiiiiiiiiiiiiiiiiiii:x .inches Perm. Pool Volume= 19683
Rv= 0.500 Req. Forebay Volume= 3936.6
Bottom 31.5 msl Provided Volume= 4535.00
Perm. Pool ..:..,......."` ".> msl Percent= • N..
.....::.. "
Design Pool 38 msl
Storage met @elev 37.72 msl Elevation Area Inc. Vol. Acc. Vol.
Req. Volume ISIEMPOUNI cf 36.50 7289.00 0.00
Vol. Prov. at DP {`ri< ; t cf 38.00 8717.00 12004.50 12004.50
ORIFICE CALCULATION
Avg. Head = 0.72 ft Q2 Area = 2.00 sq. inches
Flow Q2, cfs 0.057 cfs Q5 Area = 0.80 sq. inches
Flow Q5, cfs 0.023 cfs Orifice Area 1.77 sq. inches
No. of Orifices I`.'."';`:.'''v_:�" '..,>;.'``..'g:<I Q= 0.050 cfs
.............................. .::...
Diameter,
a ,eter inches
>w weir:�:f e x W
in x
:::........................
{ 8717 sq. ft.
Drawdown = ,,,,,. ;;':>�>: days Surface Area ©DP =
Falling Head Drawdown = 3.8 days
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines.

WET DETENTION POND ANALYSIS
FILE NAME: G:1DATAIWPDATAIWQS1POND1040806-1.nov04.WK1
PROJECT#: SW8 040806-1.nov04 REVIEWER: L. Lewis
Pond 1
PROJECT NAME: Ashton Place Subdivision DATE: 15-Nov-04
Receiving Stream: UT Sturgeon Creek Class: C Sw
Drainage Basin: Cape Fear Index No. CPF17 18-77-1
Site Area ... 22.62 acres
Drainage Area 2:.:MSOM square feet Area in Acres 17.98
IMPERVIOUS AREAS Rational C
83 lots ©4500 373500.00 square feet 1.00
Street 77842.00 square feet 1.00
SW square feet
Future 18474.00 square feet 1.00
square feet
square feet
TOTAL ii..1NOEMPal square feet Rational Cc= 0.68
SURFACE AREA CALCULATION
% IMPERVIOUS 60.00% SA/DA Ratio 2.40%
Des. Depth 7 Req. SA 18793 sf
TSS: 90 Prov. SA 1.'::;:::iininadsf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?* 1 FOREBAY
Des. Storm ii:.:2i:!1!it.:!.,'..04in0i inches Perm. Pool Volume= 131169
Rv= 0.590 Req. Forebay Volume= 26233.8
Bottom 23 msl Provided Volume= 28857.00
Perm. Pool Saini:laa:in msl Percent= tin2210%1110
Design Pool 31.5 msl
Storage met @elev 31.49 msl Elevation Area Inc. Vol. Acc. Vol.
Req. Volume NEERigium cf 30.00 27822.00 0.00
Vol. Prov. at DP Maki4414274 cf 31.50 31680.00 44626.50 44626.50
ORIFICE CALCULATION
Avg. Head = 0.70 ft Q2 Area = 9.19 sq. inches
Flow Q2, cfs 0.257 cfs Q5 Area = 3.68 sq. inches
Flow Q5, cfs 0.103 cfs Orifice Area 4.91 sq. inches
No. of Orifices v...:1;?!:!!!!'Hq:T:Vel Q= 0.137 cfs
Diameter, inches ... weir H x W li:........................ ... HillESEM in x iiiiniiiia.......Alii in
Drawdown = i.;:it,q.,....:-i $10A days Surface Area @DP = 3. 1680 sq. ft.
Falling Head Drawdown = 5.1 days
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines.

Date Design ,�` Sheet
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CONSULTING ENGINEERS, INC. Wilmington, N.C.28401-4733 of
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I`IORRIS, KUSKE & TUNSTALL
902 Market St. CONSULTING ENGINEERS, INC. Wilmington,N.C.28401 [lob
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IL- P.E.
NORRIS, KUSKE &TU NSTALL John J. PhA.illip illip Norris,e, III, RE.
- John S.Tunstall, P.E.
CONSULTING ENGINEERS , INC . JAKuske, PE.ofCounsel
Yet?' __.-s5
j.
November 9, 2004
Mr. Cameron Weaver, Express Review Coordinator V V
NC DENR Division of Water Quality ULA- in
127 Cardinal Drive Extension /
Wilmington, NC 28405-3845
Re: State Stormwater Express Permit Submittal v eP Q
SW8 040806 vJ
Ashton Place Subdivision
Leland, NC
NKT Project No. 04064
Dear Mr. Weaver:
Enclosed are two (2) sets of plans for the subject project, one (1) drainage area
plan, one (1) set of calculations, the original Division of Water Quality
Stormwater Management Permit application, the original SWU-102 supplement
forms for Pond #1 and Pond #2, a draft copy of the stormwater restrictions, one
(1) copy of the stormwater narrative and a $2,000.00 check for the express
permit review fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE, & TUNSTALL
CONSULTING ENGINEERS, INC.
13diP\k,04
`
.IVW Q.\. RECEIVED
J. illip Norris, P. . NOV 1 1 2004
JPN/asn BY:
04064 11-09-04-s-sw express-Itr
Enclosures
cc: Ms. Linda Lewis/ NC DENR
Steve Cashwell I WRB Development, LLC
902 Market Street • Wilmington, NC 28401-4733 • Phone:[phone] • Fax:[phone]

STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
ASHTON PLACE SUBDIVISION
LELAND, NORTH CAROLINA
For
Cashwell Enterprises
108 N. Kerr Avenue D4
Wilmington, NC 28405
[phone]
Ilt
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IN A
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Revised August 3, 2004 RE C E I TE D
July 2004 NOV 1 1 2004
DWQ
Prepared by: PROJ#
ANDREW& KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
E-mail: [e-mail]
A&K Project No. 04064

NARRATIVE
DESCRIPTION:
The project site is a 22.62-acre tract located in Leland, North Carolina. The soils
of the site consist of lightly vegetated sandy clay topsoil and grades ranging from 0.5%
to 3.0%. Approximately 7.0 acres will be graded to allow construction of a new
residential subdivision with paved parking and paved access. The runoff from the site
is estimated using the rational method 10-year design storm and rainfall data for the
area. Construction is scheduled to begin as soon as all permits and approvals are
obtained.
EROSION CONTROL MEASURES:
The attached plans and specifications give the requirements for erosion control
measures. Silt fencing will be provided along each side of the entrance drive where
stormwater would be expected to sheet flow from disturbed areas directly to adjacent
property. Gravel check dams will not be provided unless the Contractor has to
temporarily discharge into an open ditch instead of the proposed storm drain outfall. A
gravel construction entrance will be constructed at the King Road and Old Fayetteville
Road entrances. Maintenance will be provided by the grading contractor and
developer.
STORMWATER MANAGEMENT MEASURES:
The project site is located in Brunswick County. Land disturbing on the site will
exceed one acre, which requires the site to comply with the State Regulations. The site
is designed to be high-density with treatment by retention ponds.
CONSTRUCTION SEQUENCE:
The Contractor will install the gravel construction entrance and silt fence prior to
beginning any clearing and grading operations. Additional silt fence will be installed
when and if conditions warrant during construction. . The detention pond/silt basin will
be constructed immediately after that portion of the site is cleared, and outlet structure
with protection will be installed. Disturbed areas will be landscaped or seeded upon
completion.

MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and
operation following every runoff-producing rainfall but in no case less than once
every week. Any needed repairs will be made immediately to maintain all
practices as designed.
2. Install erosion control measures before beginning construction or as soon
thereafter as possible. All erosion and sediment control practices will be
checked for stability and operation following every runoff-producing rainfall but in
no case less than once every week. Any needed repairs will be made
immediately to maintain all practices as designed.
3. Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site. The contractor shall inspect the
construction entrances on a daily basis. This will require periodic top dressing
with additional No. 4 stone. Any objectionable materials spilled, washed, or
tracked onto public roadways shall be removed immediately.
4. Install erosion control measures around the drop inlets as shown on the plans to
trap silt during construction. Inspect the erosion control around the inlets after
each rain and make repairs immediately. Remove sediment when it becomes
0.50 deep to provide adequate storage volume for subsequent rains. When the
contributing drainage area has been adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly. Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets.
5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet
deep at the fence. The sediment fence will be repaired as necessary to maintain
a barrier.
6. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.
7. The stormwater ponds will act as sediment basins and will be cleaned out when
the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be
cleaned or replaced when the sediment pool no longer drains properly.
6. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.

9. All disturbed areas shall be seeded within 15 days of disturbance. All seeded
areas will be fertilized, reseeded as necessary and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover.
10. More stringent measures shall be used to halt erosion if those shown on this plan
are not effective.
11. All erosion shall be controlled including side slopes before the project is
completed.
12. Remove temporary measures upon completion of project. All permanent
measures will be well established before project closeout.

SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of suspension or completion of land
disturbing activities, provide permanent protective covering for disturbed areas.
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and continuous erosion and siltation control throughout the
construction and post-construction period. Use the specified seed for both temporary and
permanent seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a
minimum of 6 inches.
2.8 Gravel for check dams shall be#57 washed stone.

2.9 Aggregate for construction entrance shall be#4 washed stone.
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown.
3. EXECUTION
3.1 General: Take every practicable measure during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland or watercourse.
3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise
shown or directed.
3.3 Temporary Physical Barriers are required where sedimentation on off site
property or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt emulsion used for anchoring straw should be
applied at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade.
3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales,
shall consist of Class A rip rap at minimum two feet high and three feet thick across the

watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4
inch. Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore. Reapply as necessary to retain cover until grass is
established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long
by 6 inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is constructed. Remove soil if accumulated to a depth
greater than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION

NKT#04064
•
flat Rec ived Fee Paid Permit Number
y add o . " ‘5Ng 441-efsQ�6
2-01a-3 g al-o-rr). v
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation, individual,etc.who owns the project):
WRB Development, LLC
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
-Sdnn Steven Cashwell, Member I Manager
3. Mailing Address for person listed in item 2 above:
108 N. Kerr Avenue D4
City: Wilmington State: NC Zip: 28405
Telephone Number: [phone]
4. Project Name(subdivision,facility,or establishment name—should be consistent with project name on
plans,specifications, letters,operation and maintenance agreements,etc.):
Ashton Place Subdivision
5. Location of Project(street address):
Located between King Road and Old Fayetteville Road, adjacent to Azalea Mobile Home Park.
City: Leland County: Brunswick.
6. Directions to project(from nearest major intersection):
From the intersection of US 17 and NC 133,take US 17 south to the intersection of US 17 and Lanvale Rd.(SR 1438).
Turn right onto Lanvale Rd.and follow to King Rd.(SR 1487). Turn right onto King Rd. Site is approx.%mile on left.
7. Latitude: 34° 14' 18" Longitude: 78° 03'06" of project
8. Contact person who can answer questions about the project:
Name: J. Phillip Norris, P.E. Telephone Number: [phone]
II. PERMIT INFORMATION
1. Specify whether project is(check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number N/A And its issue date(if known) N/A
3. Specify the type of project(check one):
Low Density X High Density Redevelop General Permit Other
4. Additional Project Requirements(check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1 In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
Retention Ponds.
2. Stormwater runoff from this project drains to the Cape Fear River Basin.
3. TotaI Project Area: 22.62 AC 4. Project Built Upon Area: 57.6 %
5. How many drainage areas does the project have? 2
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
Bade 1uen
Receiving Stream Name o UT Sturgeon Creek UT Sturgeon Creek
Receiving Stream Class C Swamp C Swamp
Drainage Area 17.98 AC/783,026 SF 4.488 AC/ 195,492 SF
Existing Impervious*Area 0 0
Proposed Impervious*Area 10.78 AC/469,816 SF 2.244 AC/97,746 SF
%Impervious*Area(total) 60% 50%
Impervious*Surma ADrainage. . Area 2
On-site Buildings 8.574 AC/373,500 SF 1.756 AC/76,500 SF
On-site Streets 1.787 AC/77,842 SF 0.345 AC/ 15,044 SF
On-site Parking 0 0
On-site Sidewalks 0 0
Other on-site(Future @/Common Area) 0.424 AC/ 18,474 SF 0.142 AC/6,202 SF
Off-site 0 0
Total: 10.78 AC/469,816 SF Total:2.244 AC 197,746 SF
*Impervious area is defined as the built upon area including, but not limited to, buildings,roads,parking areas
sidewalks,gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off-site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a
table listing each lot number,size and the allowable built-upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than 4,500 square feet ofany lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel,concrete, brick,stone, slate or similar material but do not include
wood decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
5. All permitted runof from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and persons
claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted
without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for
the status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU 106 Off Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
/ s
• Original and one copy of the Stormwater Management Permit Application Form C
• One copy of the applicable supplement form(s)for each BMP
• Permit application processing fee of$420(payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number&date
Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours,proposed contours,spot elevations,finished floor elevations
- Wetlands delineated,or a note on plans that none exist
- Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
- Drainage areas delineated
- Vegetated buffers(where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
J. Phillip Norris, P.E.
Designated agent(individual or firm): Norris, Kuske&Tunstall Consulting Engineers, Inc.
Mailing Address: 902 Market Street
City: Wilmington State: NC Zip: 28401
Phone: (910) 343-9653 Fax: (910) 343-9604
VIII. APPLICANT'S CERTIFICATION
7r�
I,(print or type name of person listed in General Information, item 2) , Steven Cashwell, Member/Manager ,
Certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions and
protective covenants will be recorded,and that the proposed project complies with the requirements of 15A NCAC
2H.1000.
Signature: „._,J Date: //6157/200
Form SWU-101 Version 3.99 Page 4 of 4

Ashton Place SD(SW8 040806)NKT#04064
Subject: Ashton Place SD (SW8 040806)NKT#04064
From: "Amy Norris/Norris,Kuske & Tunstall Engineers" <[e-mail]>
Date: Wed, 29 Sep 2004 15:21:23 -0400
To: [e-mail]
Linda,
In response to your e-mail of 9/29/04 to Phil Norris, the Owner has decided to keep
the piping. We are redesigning this project with retention ponds. If you need
anything else, please let us know.
Thank you and have a good day. L
Amy S. Norris for Phil Norris, P.E. 5f,Norris, Kuske & Tunstall Consulting Engineers, Inc. _6C
902 Market Street (((
Wilmington, NC 28401
910.343.9653
910.343.9604 (Fax)
Pr
1 of 1 9/29/2004 4:00 PM

Ashton Place SD SW8 040806
Subject: Ashton Place SD SW8 040806
From: Linda Lewis<[e-mail]>
Date: Wed, 29 Sep:2004 11:31:39 -0400
To: Phil Norris<[e-mail]>
CC: Cameron Weaver<[e-mail]>
Phil:
What is the status of this project? Our last correspondence was a few weeks ago
regarding the removal of the perimeter piping, but I have not heard from you since
then. Please advise. I am not allowed to keep Express projects lounging around my
office.
Thanks,
Linda
1 of 1 9/29/2004 11:31 AM

Notification for"Ashton Place SD SW8 040806"
Subject: Notification for"Ashton Place SD SW8 040806"
From: "Phil Norris/Norris, Kuske&Tunstall Engineers" <[e-mail]>
Date: Wed, 29 Sep.2004 14:30:08 -0400
To: Linda Lewis <[e-mail]>
The message you sent on Wed, 29 Sep 2004 11:31:39 -0400 regarding "Ashton Place SD
SW8 040806" has been displayed by Phil Norris / Norris, Kuske & Tunstall Engineers.
•
Reporting-UA: QUALCOMM Windows Eudora Version 6.0.1.1
Final-Recipient: rfc822; <[e-mail]>
Original-Message-ID: <[e-mail]>
Disposition: manual-action/MDN-sent-manually; displayed
Part 1.2 Content-Type: message/disposition-notification
1 of 1 9/29/2004 2:37 PM

:m08/09i 2004 MON 15:50 FAX [phone] Norris, Kuske, Tunstall SW DAD�lg1 ig1001/008
■
ANDREW & KUSKE J. Phillip Norris, P.E. John S. Tunstall, P.E.
John A. Kuske, Ill, P.E. J.A. Kuske, P.E.
CONSULTING ENGINEERS, INC. James T. Pyrtle, P.E. C_ Lawrence Sneeden, Jr., P.E.
902 Market Street•Wilmington,NC 28401-4733•Phone[phone]•Fax[phone]
www.endrawandkuske.corn a [e-mail]
LETTER OF TRANSMITTAL
To: Cameron Weaver Date: August 9, 2004 Job No.04064
NC DENR-Wilmington Subject. Ashton Place Subdivision
Leland, NC
WE ARE SENDING YOU VIA FAX tF : TRANSII�ITT;AL;; ;:ti ;N I IBEI :;:;G �w?'.:PAGES
,
El ATTACHED ❑UNDER SEPARATE COVER Lu. IN I w• T;;, ::
;:INC_ � G:�:TiiISw
• SHOP DRAWINGS 0 PRINTS TRACINGS 'x.' <:r.i:. ';alas;:•;�:'•.';%:; ::;. s�.•' ;::.,:; ;:,.•: .M,; = ."
❑ SPECIFICATIONS ❑DISKS 0 COPY OF LETTER
�al><>'� 9:-a-0;-3:� :9es�>��-�if�:'• :o� ;:�ha�e�; �ar"°��'`'d�iffcu'':. ..,:
..... .. ... .... ...."xa,=:. .,:::5,,... .... ,ter' ..:�n::.s.:• ,. .. ,.
COPIES DATE NO. DESCRIPTION
1 08-03-04 Copy of Stormwater System & Erosion Control Narrative �l
/ V
/1„)
S
Q
❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT 0 FOR APPROVAL
❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
Please review and contact us to schedule a State Stormwater Express review date. We missed the
original date scheduled for today. We are sorry for any inconvenience this may have caused.
cc: SIGNED J. Phillip Norris, P. E. /asn
CONFIDENTIAL AND PRIVILEGED: Information contained In this document is privileged and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination,
distribution or copying of this document is strictly prohibited. If you have received this document in error please Immediately notify the sender and
.eturn to the address above.

08/09/2004 MON 15:51 FAX [phone] Norris, Kuske, Tunstall 1 002/008
STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
ASHTON PLACE SUBDIVISION
LELAND, NORTH CAROLINA
For
Cashwell Enterprises
108 N. Kerr Avenue D4
Wilmington, NC 28405
[phone]
`� .�K CA -pits
r•' ti ' : -'- y93
4,
&W4yel 1 , is i
,y �,r
f4LIP �,w;�+�,1
..,.,,ps..
•
Revised August 3, 2004
July 2004
Prepared by:
ANDREW& KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
E-mail: [e-mail]
A&K Project No. 04064

08/09/2004 M0N 15:51 FAX [phone] Norris, Kuske, Tunstall R 003/008
NARRATIVE
DESCRIPTION:
The project site is a 22.62-acre tract located in Leland, North Carolina. The soils
of the site consist of lightly vegetated sandy clay topsoil and grades ranging from 0:5%
to 3.0%. Approximately 7.0 acres will be graded to allow construction of a new
residential subdivision with paved parking and paved access. The runoff from the site
is estimated using the rational method 10-year design storm and rainfall data for the
area. Construction is scheduled to begin as soon as all permits and approvals are
obtained.
EROSION CONTROL MEASURES:
The attached plans and specifications give the requirements for erosion control
measures. Silt fencing will be provided along each side of the entrance drive where
stormwater would be expected to sheet flow from disturbed areas directly to adjacent
property. Gravel check dams will not be provided unless the Contractor has to
temporarily discharge into an open ditch instead of the proposed storm drain outfall. A
gravel construction entrance will be constructed at the King Road and Old Fayetteville
Road entrances. Maintenance will be provided by the grading contractor and
developer.
STORMWATER MANAGEMENT MEASURES:
The project site is located in Brunswick County. Land disturbing on the site will
exceed one acre, which requires the site to comply with the State Regulations. The site
is designed to be low-density with curb and gutter with swale outlets.
CONSTRUCTION SEQUENCE:
The Contractor will install the gravel construction entrance and silt fence prior to
beginning any clearing and grading operations. Additional silt fence will be installed
when and if conditions warrant during construction. The detention pond/silt basin will
be constructed immediately after that portion of the site is cleared, and outlet structure
with protection will be installed. Disturbed areas will be landscaped or seeded upon
completion.

08/09/2004 MON 15:51 FAX [phone] Norris, Kuske, Tunstall 1004/008
MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and
operation following every runoff-producing rainfall but in no case less than once
every week. Any needed repairs will be made immediately to maintain all
practices as designed.
2. Install erosion control measures before beginning construction or as soon
thereafter as possible. All erosion and sediment control practices will be
checked for stability and operation following every runoff-producing rainfall but in
no case less than once every week. Any needed repairs will be made
immediately to maintain all practices as designed.
3. Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site. The contractor shall inspect the
construction entrances on a daily basis. This will require periodic top dressing
with additional No. 4 stone. Any objectionable materials spilled, washed, or
tracked onto public roadways shall be removed immediately.
4. Install erosion control measures around the drop inlets as shown on the plans to
trap silt during construction. Inspect the erosion control around the inlets after
each rain and make repairs immediately. Remove sediment when it becomes
0.50 deep to provide adequate storage volume for subsequent rains. When the
contributing drainage area has been adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly. Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets.
5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet
deep at the fence. The sediment fence will be repaired as necessary to maintain
a barrier.
6. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.
7. The stormwater ponds will act as sediment basins and will be cleaned out when
the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be
cleaned or replaced when the sediment pool no longer drains properly.
8. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.

08/09/2004 MON 15:51 FAX [phone] Norris, Kuske, Tunstall R1 005/008
9. All disturbed areas shall be seeded within 15 days of disturbance. All seeded
areas will be fertilized, reseeded as necessary and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover.
10. More stringent measures shall be used to halt erosion if those shown on this plan
are not effective.
11. All erosion shall be controlled including side slopes before the project is
completed.
12. Remove temporary measures upon completion of project. All permanent
measures will be well established before project closeout.

08/0R/2004 MON 15:51 FAX [phone] Norris, Kuske, Tunstall R 006/008
•
SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of suspension or completion of land
disturbing activities, provide permanent protective covering for disturbed areas.
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and continuous erosion and siltation control throughout the
construction and post-construction period. Use the specified seed for both temporary and
permanent seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion,jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a
minimum of 6 inches.
2.8 Gravel for check dams shall be#57 washed stone.

08/09`/2004 MON 15:51 FAX [phone] Norris, Kuske, Tunstall J007/008
•
2.9 Aggregate for construction entrance shall be#4 washed stone.
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown.
3. EXECUTION
3.1 General: Take every practicable measure during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland or watercourse_
3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise
shown or directed.
3.3 Temporary Physical Barriers are required where sedimentation on off site
property or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt emulsion used for anchoring straw should be
applied at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade.
3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales,
shall consist of Class A rip rap at minimum two feet high and three feet thick across the

Q8/09/2004 NON 15:52 FAX [phone] Norris, Kuske, Tunstall IJ008/008
watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer. 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4
inch. Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore. Reapply as necessary to retain cover until grass is
established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long
by 6 inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is constructed. Remove soil if accumulated to a depth
greater than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION

07/26/2004 NON 13:50 FAX [phone] Norris, Kuske, Tunstall I001/008
1
ANDREW & KUSKE J. Phillip Norris, P.E. John S. Tunstall, P.E.
John A. Kuske, Ill, P.E. J.A. Kuske, P.E.
CONSULTING ENGINEERS, INC. James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E.
902 Market Sheet•Wilmington,NC 28401-4733•Phone[phone]•Fax[phone]
www.andrewandkuske.com•[e-mail]
LETTER OF TRANSMITTAL
To: Cameron Weaver Date: July 26, 2004 Job No.04064
NC DENR/ Express Permit Program Subject Ashton Place Subdivision
Brunswick County
WE ARE SENDING YOU VIA FAX Ta :T NSINf 'TAIL; 'f`°=N NIB.ERu OF:tiPAGESy;
El ATTACHED 0 UNDER SEPARATE COVER ' r -ter;:= `k '� "`
�'1N;C�.t��11�IG;;TF�1S T1�N.S`I�A1�`C;iX►�,.: ��.8,�';�. �-;`''''::.:: :;� H:.
❑ SHOP DRAWINGS 0 PRINTS ❑ TRACINGS ;;::' a,:e. rs �;�•:.`,;_,`•" .'•r::
SPECIFICATIONS �,•_,..:,:�-'`�. ,�.V,„. .,. ' °�,.,...;;.v.,.:�.�; � �4�� :�r ;._°... y•:
❑ ❑ DISKS ❑ COPY OF LETTER ,:Ciitt.5:;�.9'1.0-343,;00,: tri, o,ll ;Have` an: : ,ltIcult
r.:eceivin� nth ismess�. e: . �.. <.
COPIES DATE NO. DESCRIPTION
1 07-04 Copy of Stormwater System & E siorrControl-N . ive
A/tiO/CRIC4/J.kTEtiC t C49in i )
5 .
\y\ frLP)
o AS REQUESTED ® FOR REVIEW AND APPROVAL 0 FOR APPROVAL
❑ FOR YOUR USE 0 FOR BIDS DUE 0 YOUR PRINTS LOANED TO US
REMARKS:
Please review and contact us for a submittal/review date. If you have any questions, please feel free to
call. Just so you know, we already have a submittal / review date set up with Carol Miller for State
Erosion Control.
-
CC: SIGNED J. Phillip Norris, P_ E. /asn
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination,
distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and
return to the address above.

07/26/2004 MON 13:50 FAX [phone] Norris, Kuske, Tunstall R002/008
zItia.tm 8.0,MON t !7.(• Fr`o
• " 7 . -
STORM WATER SYSTEM & EROSION CONTROL NARRATIVE
ASHTON PLACE SUBDIVISION
;,„I..; •. - ...; LELAND,'NORTH CAR QLINk . \
•".1'- :Ale/
Aiirta ornet
ry.- • n ,r -r •zok,t7,,71.1/0"61,41/4/
For
Cashwell Enterprises
108 N. Kerr Avenue D4
Wilmington, NC 28405
[phone]
1‘k C ,Ro
=
AVE
10 if 9561, 0 _
AD,
' '64VUM
V
July 2004
Prepared by:
ANDREW& KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
E-mail: office©nkteng.com
A&K Project No. 04064

07/26/2004 MON 13:50 FAX [phone] Norris, Kuske, Tunstall R 003/008
NARRATIVE
DESCRIPTION:
The project site is a 22.62-acre tract located in Leland, North Carolina. The soils
of the site consist of lightly vegetated sandy clay topsoil and grades ranging from 0.5%
to 3.0%. Approximately 3.0 acres will be graded to allow construction of a new
residential subdivision with paved parking and paved access. The runoff from the site
is estimated using the rational method 10-year design storm and rainfall data for the
area. Construction is scheduled to begin as soon as all permits and approvals are
obtained.
EROSION CONTROL MEASURES:
The attached plans and specifications give the requirements for erosion control
measures. Silt fencing will be provided along each side of the entrance drive where
stormwater would be expected to sheet flow from disturbed areas directly to adjacent
property. Gravel check dams will not be provided unless the Contractor has to
temporarily discharge into an open ditch instead of the proposed storm drain outfall. A
gravel construction entrance will be constructed at the King Road and Old Fayetteville
Road entrances. Maintenance will be provided by the grading contractor and
developer.
STORMWATER MANAGEMENT MEASURES:
The project site is located in Brunswick County. Land disturbing on the site will
exceed one acre, which requires the site to comply with the State Regulations. The site
is designed to be low-density with curb and gutter with swale outlets.
CONSTRUCTION SEQUENCE:
The Contractor will install the gravel construction entrance and silt fence prior to
beginning any clearing and grading operations. Additional silt fence will be installed
when and if conditions warrant during construction. The detention pond/silt basin will
be constructed immediately after that portion of the site is cleared, and outlet structure
with protection will be installed. Disturbed areas will be landscaped or seeded upon
completion.

07/26/2OO4 MON 13:50 FAX [phone] Norris, Kuske, Tunstall 2 004/008
MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and
operation following every runoff-producing rainfall but in no case less than once
every week. Any needed repairs will be made immediately to maintain all
practices as designed.
2. Install erosion control measures before beginning construction or as soon
thereafter as possible. All erosion and sediment control practices will be
checked for stability and operation following every runoff-producing rainfall but in
no case less than once every week. Any needed repairs will be made
immediately to maintain all practices as designed.
3. Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site. The contractor shall inspect the
construction entrances on a daily basis. This will require periodic top dressing
with additional No. 4 stone. Any objectionable materials spilled, washed, or
tracked onto public roadways shall be removed immediately.
4. Install erosion control measures around the drop inlets as shown on the plans to
trap silt during construction. Inspect the erosion control around the inlets after
each rain and make repairs immediately. Remove sediment when it becomes
0.50 deep to provide adequate storage volume for subsequent rains. When the
contributing drainage area has been adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly. Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets.
5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet
deep at the fence. The sediment fence Will be repaired as necessary to maintain
a barrier.
6. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan_ All slopes shall be seeded and stabilized within
15 days.
7. The stormwater ponds will act as sediment basins and will be cleaned out when
the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be
cleaned or replaced when the sediment pool no longer drains properly.
8. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.

07/26/2004 MON 13:51 FAX [phone] Norris, Kuske, Tunstall Z 005/008
9_ All disturbed areas shall be seeded within 15 days of disturbance. All seeded •
areas will be fertilized, reseeded as necessary and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover.
10. More stringent measures shall be used to halt erosion if those shown on this plan
are not effective.
11. All erosion shall be controlled including side slopes before the project is
completed.
12. Remove, temporary measures upon completion of project. All permanent
measures will be well established before project closeout.

07/26./2004 MON 13:51 FAX [phone] Norris, Kuske, Tunstall R006/008
SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of suspension or completion of land
disturbing activities, provide permanent protective covering for disturbed areas.
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and continuous erosion and siltation control throughout the
construction and post-construction period. Use the specified seed for both temporary and
permanent seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion,jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20%turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a
minimum of 6 inches.
2.8 Gravel for check dams shall be#57 washed stone.

07/26/2004 MON 13:51 FAX [phone] Norris, Kuske, Tunstall R 007/008
2.9 Aggregate for construction entrance shall be#4 washed stone.
•
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown.
3. EXECUTION
3.1 General: Take every practicable measure during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland or watercourse.
3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise
shown or directed.
3.3 Temporary Physical Barriers are required where sedimentation on off site
property or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt emulsion used for anchoring straw should be
applied at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade.
3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales,
shall consist of Class A rip rap at minimum two feet high and three feet thick across the

07t26/.2004 MON 13:51 FAX [phone] Norris, Kuske, Tunstall a008/008
watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4
inch. Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore_ Reapply as necessary to retain cover until grass is
established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long
by 6 inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is constructed. Remove soil if accumulated to a depth
greater than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION

P. 1
* * * COMMUNICATION RESULT REPORT ( AUG.17.2004 10:51AM )
TTI NCDENR NIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
180 MEMORY TX 9-3439604 OK P. 3/3
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
•
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G.Ross Jr., Secretary
PK( 5
. '1�br� FAX COVER SHEET
5(4)8 04086*
Date: ' ---._.__v¢ No, Of Pages:
To: tri5
CO. From: Lfa
FAX#: 343-� cICoO er
CO:
FAX#: [phone]
REMARKS:
•
127 Cardinal Drive Extension,Wilmington,MC,28405.3g45 Telephone(910)39S.. 90o Pax(910)250,7A04
An Equal Opportunity Affirmative Action Employer

F WA .46Michael F. Easley, Governor
( y William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 17, 2004
Mr. Steven Cashwell, President
Cashwell Enterprises
108 N. Kerr Avenue D4
Wilmington, NC 28405
Subject: Request for Additional Information
Stormwater Project No. SW8 040806
Ashton Place Subdivision
Brunswick County
Dear Mr. Cashwell:
The Wilmington Regional Office received an Express Stormwater Management Permit
Application for Ashton Place Subdivision on August 13, 2004, with a sheduled review
date of August 17, 2004. . A preliminary review of that information has determined that
the application is not complete. The following information is needed to continue the
stormwater review:
1. Please remove all perimeter stormwater piping. Under low density, only short
runs of piping may be used under an impervious area to get from one side of the
road to the other. Transport of runoff via piping is not allowed.
2. The deed restrictions indicate that the minimum enclosed heated space is 1,800
square feet, and does not include the garage. With only a maximum of 2,200
square feet of built-upon area per lot, this leaves very little, if any, for a driveway
and any extras such as a patio, sidewalk or outbuilding. Please confirm that this
amount is adequate to cover the type of homes expected and each lot's driveway
needs, or make the necessary changes to the application to provide an adequate
amount of built-upon area per lot.
3. The Declarant in the deed restrictions is WRB Development, LLC, however, the
application has been submitted in the name of Cashwell Enterprises. Please
revise either the deed restrictions or the application so that the applicant and the
Declarant are one and the same.
4. Please delineate the drainage area for each swale. I am unable to verify the
swale calculations until the drainage area map is submitted.
5. I calculate the road BUA as 93,931 square feet, however, only 72,691 square
feet has been reported on the application. According to the details provided on
the plans, the road width, including the 1.5' curbing, is 23' and the cul-de-sac
radius, including the curbing, is,36.5'. At a scale of 1"=50', I measured Dunlop
Drive as 1395', Clancy as 2010 , Acher Court as 95', and Breendle Court as 220'.
The 2 sacs provide a total of 8,371 square feet. Please recalculate the road and
make the necessary adjustments to the application.
North Carolina Division of Water Quality 127 Cardinal Drive Extenlion Phone[phone] Customer Service1-877-623-6748
Wilmington Regional Office Wilmington,NC 28405 FAX [phone] Internet h2o.enr.state.nc.us
1�` Caroli;a
Naturally
An Equal Opportunity/Affirmative Aeon Employer—50%Recycled/10%Post Consumer Paper

Mr. Cashwell
August 17, 2004
Stormwater Application No. SW8 040806
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to September
17, 2004, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
46erfu
4(je,
.
Linda Lewis
Environmental Engineer
RSS/arl: S \WQS\STORMWAT\ADDINFO\2004\040806.aug04
• cc: Phil Norris, P.E., Andrew and Kuske
Linda Lewis
Page 2 of 2

— =_ Andrew & Kuske
CONSULTING ENGINEERS, INC. John R.Andrew,P.E. J.Phillip Norris,P.E.
902 Market Street Wilmington,NC 28401-4733 John S.Tunstall,P.E. Neal W.Andrew,P.E.
910/343-9653 910/343-9604 Fax John A.Kuske,Ill,P.E. J.A.Kuske,P.E.of Counsel
www.andrewandkuske.com James T.Pyrtle,P.E. C.Lawrence Sneeden,Jr.,P.E.
August 13, 2004
Mr. Cameron Weaver, Express Review Coordinator
NC DENR Division of Water Quality RECEIVED
127 Cardinal Drive Extension
Wilmington, NC 28405-3845 AUG 13 2004
Re: State Stormwater Express Permit Submittal BY:
Ashton Place Subdivision
Brunswick County, NC
A&K Project No. 04064
Dear Mr. Weaver:
Enclosed are two (2) sets of plans for the subject project, one (1) set of
calculations, the original Swale Maintenance Requirements form, one (1) copy of
the Declaration of Covenants, Conditions and Restrictions, the original Division
of Water Quality Stormwater Management Permit application, the original SWU-
104 & 105 supplement forms, one (1) copy of the stormwater narrative and a
$2,000.00 check for the express permit review fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC. ,
TVAjj:)i) t a A
J. hillip Norris, P.E. v,,k
JPN/asn \ .\ ., -, �w
04064 08-1 3-04-s-sw express-ltr \\
Enclosures
cc: Linda Lewis / NC DENR
Steve Cashwell /Cashwell Enterprises

A&K#04064
Permit No. Sw 60 40 SO(p
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H.1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H.1005 through.1007.
I. PROJECT INFORMATION
Project Name: Ashton Place Subdivision
Contact Person: J. Phillip Norris, P.E. Phone Number: [phone]
Number of Lots: 101 Allowable Built Upon Area Per Lot*: 2,200 SF
• If lot sizes are not uniform, attach a table indicating the number of lots, lit sizes and allowable built
upon area for each lot. The attachment must include the project name,phase,page numbers and provide
area subtotals and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes,complete the following calculation in the space provided below where:
• SA Site Area—the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor—the appropriate percent built upon area divided by 100.
• RA Road Area—the total impervious surface occupied by roadways.
• OA Other Area—the total area of impervious surfaces such as clubhouses,tennis courts, sidewalks,etc.
• No.Lots—the total number of lots in the subdivision.
• BUA/Lot—the computed allowable built upon area for each lot including driveways and impervious surfaces
located between the front lot line and the edge of pavement.
Form SWU-104 Version 3.99 Page 1 of 2

(SA xDF)—RA—OA=BUA
No.Lots Lot
Calculation:
(985,327 SF x 30%) -72,691 SF -707 SF
= 2,200 SF I Lot
101 Lots
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IL REQUIRED ITEMS CHECKLIST
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.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River Basin may require additional buffers.
ed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC(if applicable).
[15A NCAC 2H.1007(2)(b)]
Form SWU-104 Version 3.99 Page 2 of 2

A&K#04064
Permit No. 45O¢O3O o
State of North Carolina (to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application
form,a curb outlet system supplement,design calculations, soils report and plans and specifications showing
all stormwater conveyances and system details.
L PROJECT INFORMATION
Project Name: Ashton Place Subdivision
Contact Person: J. Phillip Norris, P.E. Phone Number: [phone]
Curb outlets to (check one): ® Swale 0 Vegetated Area
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
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. Curb outlets direct flow to a swale or vegetated area.
b. Swales or vegetated areas receiving curb outlet flow are designed to carry,at a minimum,
the peak flow from the 10-year storm.
4j c. Flow velocity is non-erosive for peak flow from the 10-year storm event.
`r/ d. Longitudinal slope of the swale or vegetated area does not exceed 5%.
Me/_ e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
f. L-ngth of swale or vegetated area is>_ 100 feet.
Akp 1. The system takes into account the run-off at ultimate built-out potential from all surfaces
draining to the system(delineate drainage area for each swale).
h. Swales are located in recorded drainage easements.
i. Grass type(s)for permanent vegetative cover specified on detail
j. .1 provided on plans.
Form SWU-105 Version 3.99 Page 1 of 3

III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format at Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of
North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
'. .. ,. V Flow
Swale Ne •l� ge Impel-viol -Grassed` C ' �►
O ) , s a ATea( e) 3 :(efs). .. -; :( s): MAY th( ;..
1 0.043 0.043 0 .95 0.28 2.0 0.94 0.24
2 0.043 0,043 0 .95 0.28 2.0 1.80 0.18
3 0.111 0.111 0 .95 0.74 2.0 0.96 0.39
4 0.111 0.111 0 .95 0.74 2.0 0.86 0.41
5 0.413 0.138 0.275 .65 1.73 2.0 1.10 0.56
6 0.744 0.248 0.496 .65 3.12 2.0 1.28 0.70
7 0.303 0.115 0.188 .65 1.48 2.0 1.53 0.96
8 0.854 0.303 0.551 .65 4.18 2.0 1.38 0.78
9 0.496 0.165 0.331 .65 2.43 2.0 1.50 0.57
10 1.24 0.413 0.826 .65 6.07 2.0 1.83 0.81
11 0.358 0.119 0.239 .65 1.75 2.0 1.11 0.56
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Form SWU-1 05 Version 3.99 Page 2 of 3

IV. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins,curb cuts,velocity reduction devices,and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered,piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: Steven Cashwell, President
Address: 108 N. Kerr Avenue D4 Wilmington, NC 28405
Phone: 9 52-9300 Date: . OAO p V
Signature: �
Note: /- legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold
nd a resident of the subdivision has been named the president.
I, A- 1 . hOrri3 ,a Notary Public for the State of N 10 ri-11 0_,(j�,�'01 I fl&County of
11� I I QrO\(tf do herebycertify that L personally appeared before me this
N fY �T e.Ve�(1 QLI 5hwe l 1 P Y PPe
,?,o day of �U`I U a U O Li ,and acknowledge the due execution of the foregoing infiltration
basin maintenance requirements. Witness my hand and official seal.
ottoomi
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�o�eiv- ,�� .pP��o My commission expires O rj- (. - V
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av rnn
s' SignatureA4, • ( U
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Form SWU-105 Version 3.99 Page 3 of 3