SW8040806_Historical File_20140604

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June4,2014 rte:c
ii
JUN052O14
Steve Pusey BY:
Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, N.C.28405
Dear Steve:
Thank you for your recent inspections of the storm water systems at the Ashton Place community. I have attached
documents that support the transfer of the storm water permit for that community from-its developer,Ashton Place
Developers LLC,to Ashton Place at Brunswick HOA, Inc.
The documents include the following.
-Storm Water Permit Ownership Change Form executed by all parties and a letter from the HOA's attorney stating that
Charles Smith is authorized to sign on behalf of the HOA.
-Addendum to the above form that states I am signing over the permit though I did not sign for the permit when it was
transferred from its original owner to Ashton Place Developers, LLC. The fact that I did not sign for the permit or was even
an owner in Ashton Place Developers, LLC when the permit was accepted by Tim Johnson probably makes no difference as I
am the sole owner of Ashton Place LLC at this time.
-Deed to the HOA for the land on which the storm water facilities are situated. It is drawn,as is our custom,so as to deed
to the HOA all of the lands that encompassed Ashton Place as recorded on all of the maps recorded at the Registry—except
the lots of record. By this procedure we are sure that the HOA has title to all properties except those that were deeded in
the form of lots to the HOA members.
-Copy of the recorded Covenants.
-Certification from the site engineer, Phil Norris,dated 11/20/07 that states the system was built in substantial compliance
and intent with the approved plans and specifications.
-Copy of your inspection report dated April 11,2014.
-Copy of a letter from the landscape contractor employed by the HOA stating that willow trees at the pond on the King
Street side of the community will be pruned on an ongoing basis. This item came up on your inspection and you
subsequently asked that we include said pruning as a maintenance responsibility for the HOA.
-Letter from Phil Norris with Norris and Tunstall Consulting Engineers that responded to your inspection report from above.
-Copy of the new certification from Norris and Tunstall Consulting Engineers dated 5/13/14.
-Copy of email stating the system is in compliance and copy of the follow up notice of inspection and plan revision.
-Copy of the storm water plan as required in the text of the Storm Water Ownership Change Form.

-Copy of the storm water permit as required in the text of the Storm Water Ownership Change Form. Please note that the
permit was issued to WRB Development LLC. It was subsequently acquired by Ashton Place Developers LLC and signed for
by Tim Johnson who is no longer an owner in Ashton Place Developer LLC.
-The Operation and Maintenance Agreement as required in the text of the Storm Water Ownership Change Form.
-Maintenance records of the system as required in the text of the Storm Water Ownership Change Form. Note that the
records begin at the time my company assumed responsibilities and ownership of the development.
Once again,thank you for the inspections and help on getting this permit transferred. If there is anything else that is
necessary to complete the transfer please email me at sandy@trusstbuildergroup or call me at 622.3394.
Sincerely,
:17 ood
cc:Jim Snow
Enclosures

Addendum to the State Storm Water Permit Ownership Change Form
The storm water permit for Ashton Place is in the name of Ashton Place Developers, LLC. That company
was at one time owned by Tim Johnson and Page Robertson and depending on the document either Mr.
Johnson or Mr. Robertson signed on behalf of the company for all DENER required forms. Due to
financial difficulties during the recession both of these persons were unable to complete the project.
My company Wood Family Properties was a minority owner in the land and because of guaranties and
other considerations especially to existing residents I took responsibility of the project.
I am signing the Permit Ownership Change Form in item 1(Current Permit Information)even though I
was not the official that signed the permit.
Sandy D.Wood

MARSHALL, WILLIAMS & GORHAM, L.L.P.
ATTORNEYS AT LAW
WILMINGTON.NORTH CAROLINA
ALAN A. MARSHALL, (1908-1979) MAILING ADDRESS
LONNIE B. WILLIAMS P.O. DRAWER 2088
A. DUMAY GORHAM, JR. WILMINGTON, N.C.
WILLIAM ROBERT CHERRY,JR. 28402-2088
RONALD H. WOODRUFF
TELEPHONE [phone]
LONNIE B. WILLIAMS, JR.
FACSIMILE [phone]
CHARLES D. MEIER
JOHN L. COBLE www.mwglaw.com
F. MURPHY AVERITT III May 21, 2014
MATTHEW B.DAVIS OFFICES
14 SOUTH FIFTH AVENUE
WILMINGTON, N.C.
28401-4539
E-MAIL:
[e-mail]
Ashton Place Developers LLC
do Sandy D. Wood, Manager
P.O. Box 15156
Wilmington,NC 28402
Re: Ashton Place at Brunswick HOA, Inc.
Our File No. 091543-01
Dear Mr. Wood:
I represent Ashton Place at Brunswick HOA, Inc. ("Association") I have reviewed the
Articles of Incorporation and Bylaws of the Association. I have also reviewed meeting minutes
of the Members of the Association held on November 12, 2013 and the minutes of the
organizational meeting of the Directors held on the same date. These minutes and Bylaws were
provided to me by CEPCO and I have performed no due diligence to verify the matters stated
therein. This opinion assumes that the minutes and Bylaws are authentic and that there has been
no material changes in the matters set forth in those minutes or Bylaws since November 12,
2013.
The Association is in good standing with the North Carolina Secretary of State. The
President is Charles Smith. Mr. Smith would have authority under the Bylaws to execute any
necessary documentation to transfer the DENR storm water permit from Ashton Place
Developers LLC to the Association. Should you have any questions please do not hesitate to
call.
Yours very truly,
MARSHALL, WILLIAMS & GORHAM, L.L.P.
Charles D. Meier
CDM/mv
cc: Ashton Place at Brunswick HOA, Inc. (via email)

014
11111111111111111111111111111111111V531M94"1:1 endpageors7'PROP
Brunswick County, NC Register of Deeds 1 of 5
Deed
$0 Excise Tax(conveyance of common areas to owners association)
Parcel identifier No. 037AC00102,037AC00101,037AC00103,and 037AC00104
No certification or opinion on title is expressed by the prcparer of this deed except as may appear from the preparcr's
signed certificate or opinion.
This instniment prepared by:James B.Snow IiI,a licensed North Carolina attorney. Delinquent taxes,if any,to be paid by the
closing attorney to the county tax collector upon slit bu gment of closing propeeds. Closing attorney is:
Grantee mailing address: r.D. 60 r• f f rio, A i/w.in5t.nr 114 2,$4f'a 8
Returned to:
STATE OF NORTH CAROLINA
DEED
COUNTY OF BRUNSWICK
KNOW ALL MEN BY THESE PRESENTS that ASHTON PLACE DEVELOPERS,
LLC, "GRANTOR",in consideration of TEN AND NO/100($10.00) DOLLARS and other
good and valuable consideration, paid to GRANTOR by ASHTON PLACE AT BRUNSWICK
HOA,INC,, "GRANTEE", the receipt of which is hereby acknowledged, by these presents, does
give,grant, bargain, sell and convey unto the said GRANTEE, and GRANTEE'S heirs,
successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the
County of Brunswick, State of North Carolina, and more particularly described as follows:
Tract 1: All of the property and interests in property not identified as a numbered lot on
any of the following maps:
Map of Ashton Place Section 1,recorded in Map Cabinet 46 at Pages 39 and 40,of the
Brunswick County Registry,except as amended by the following maps;
Map of Ashton Place, Section 2,recorded in Map Cabinet 48 at Page 98,of the Brunswick
County Registry,except as amended by the following maps;
Map of Ashton Place, Section 3, recorded in Map Cabinet 52 at Page 36, of the Brunswick
County Registry, except as amended by the following maps;

II I I II III IIIII II I I I III II IIIIIII I II III 83531 Pe944 m ors 101PROP
Brunswick County, NC Register of Deeds page 2 of 5
Map of Ashton Place, Section 4,recorded in Map Cabinet 53 at Page 90, of the Bnrnswick
County Registry, except as amended by the following maps;
Map of Ashton Place, Section 5,recorded in Map Cabinet 59 at Page 7, of the Brunswick
County Registry, except as amended by the following maps;
Map of Ashton Place, Section 6,recorded in Map Cabinet 63 at Page 67, of the Brunswick
County Registry,except as amended by the following maps;
Map of Ashton Place, Section 7,recorded in Map Cabinet 64 at Page 57, of the Brunswick
County Registry, except as amended by the following maps;
Map of Ashton Place, Section 8, recorded in Map Cabinet 69 at Page 68, of the Brunswick
County Registry,except as amended by the following map;
Map of Ashton Place, Section 9,recorded in Map Cabinet 83 at Page 55, of the Brunswick
County Registry;
The foregoing includes: All Common Area, Common Elements,Ponds,Parks, Open Area or
Open Space,Active Open Area,Active Open Space, Passive Open Area,Passive Open Space,
Active Recreation Area, Passive Recreation Area, Streets,Roads,Rights of Way,Utility
Easements,Drainage Easements,Pedestrian Easements,or Access Easements shown on the
following maps, including easements over or encumbering numbered lots shown on the
following maps:
Map of Ashton Place Section 1, recorded in Map Cabinet 46 at Pages 39 and 40,of the
Brunswick County Registry,except as amended by the following maps;
Map of Ashton Place, Section 2, recorded in Map Cabinet 48 at Page 98, of the Brunswick
County Registry,except as amended by the following maps;
Map of Ashton Place, Section 3,recorded in Map Cabinet 52 at Page 36, of the Brunswick
County Registry, except as amended by the following maps;
Map of Ashton Place, Section 4,recorded in Map Cabinet 53 at Page 90, of the Brunswick
County Registry,except as amended by the following maps;
Map of Ashton Place, Section 5,recorded in Map Cabinet 59 at Page 7,of the Brunswick
County Registry,except as amended by the following maps;
Map of Ashton Place, Section 6, recorded in Map Cabinet 63 at Page 67, of the Brunswick
County Registry, except as amended by the following maps;
Map of Ashton Place, Section 7,recorded in Map Cabinet 64 at Page 57,of the Brunswick
County Registry, except as amended by the following maps;
Map of Ashton PIace, Section 8, recorded in Map Cabinet 69 at Page 68, of the Brunswick
County Registry,except as amended by the following map;
Map of Ashton Place, Section 9,recorded in Map Cabinet 83 at Page 55,of the Brunswick
County Registry;
No fee simple interest in any numbered lots or lots is conveyed by this deed.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors,
and assigns,forever, in the same estate held by GRANTOR.

IIIIII III IIII IIII II IIIIIIIIII IIII I III Brend P0.945 m cn35oas PROP
Brunswick County, NC Register of Deeds page 3 of 5
Title to the property is subject to the following exceptions:
The provisions of all applicable zoning and land use ordinances,statutes and regulations;
Real property(ad valorem)taxes; and
Applicable utility easements of record; and
Matters disclosed by the foregoing maps and rights of owners of lots described in the
foregoing maps arising from conveyance of lots by reference to the foregoing maps, or
under the D; and under applicable declarations of covenants,conditions and restrictions
for Ashton Place, as amended; and
Declaration of Covenants, Conditions and Restrictions For Ashton Place,recorded in
Book 2717 at Page 1212 of the Brunswick County Registry, as amended by instruments
recorded in Book 2798 at Page 701,Book 2840 at Pge 460, and Book 2862 at Page
460,of the Brunswick County Registry, as amended.
The designation GRANTOR and GRANTEE as used herein shall include said parties,
their heirs,successors,and assigns, and shall include singular,plural,masculine,feminine or
neuter as required by context.
IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if
corporate,has caused this instrument to be signed in its corporate name by its duly authorized
officer,this thenZq day of M ai./ ,2014.
ASHTON PLACE DEVELOPERS, LLC
By: SDW,Inc., Membe ager
By: , .11
udd`y D Wood,President
The foregoing deed is hereby accepted.
AS TON PLACE AT B RUNS WI K HOA, INC.
By:
Presi ent

0
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brend Pay l mm5 n30s.17P204ROP
STATE OF NORTH CAROLINA Brunswick County, NC Register of Deeds page 4 of 5
COUNTY OF I4i kv ovr
I, €(( UQ f l•a
, certifythat the following person(s)personally
appeai'eti bef8re me this day,and(mark[ ®] one box)
I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principal's photograph in the form of a
•
❑ A credible witness: (insert name of
witness) has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Principal's Name Capacity
Sandy D. Wood President of SDW,Inc,, acting in its capacity
as Member-Manager of Ashton Place
Developers,LLC, a North Carolina limited
liability company
on behalf of and as the act of the follow' g entity: Ashton Place Developers,LLC,a North
Carolina limited liability company s "N/A"if"individual" "trustee"inserted in Capacity
column above)
Date: 5 o21(i t aiy Public
/ant name[required])
��4tttnlln ii
1\`\`k ife �� My commission expires:
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1111111111111111111311111111111 05 30 2014
B3531 F094t 14:56:17.001
Brenda M. Clemmons PROP
Brunswick County, NC Register of Deeds page 5 of 5
STATE OF N 4TH CAROLINA
COUNTY OF Y\SAji( 'iP`
I,'1—a,YKlrk ti C`\htr , certify that the following person(s)personally
appeared before me this day, and(mark[ ®] one box)
N[ I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or
federal identification with the principal's photograph in the form of a
❑ A credible witness: (insert name of
witness)has sworn to the identity of the principal(s);
each acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Principal's Name Capacit
e11"� President of ASHTON PLACE AT
,rl0.0\C� S(lf A\r) BRUNSWICK HOA,INC., a North Carolina
- 14 _ nonprofit corporation
on behalf of and as the act of the following entity: ASHTON PLACE AT BRUNSWICK HOA,
INC.,a North Carolina nonprofit corporation (Insert"N/A"if"individual"or"tnistee"inserted
in Capacity column above) .l
Date: o�Oi ,Notary Public
1 .1-ak.YY)yy-U Pan rOr(print name[required])
(official seal) My commission expires: 3\3\ l tig
•I •
t h

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..•.�° ,pp Brunswick County, NC Register of Deeds page 1 of 31
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
AMENDMENT TO DECLARATION OF
COVENANTS,CONDITIONS AND
RESTRICTIONS FORASIITON PLACE
THIS AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS,AND RESTRICTIONS of Ashton Place is dated for purposes of reference
only this th day of ,2008,by the Ashton Place Developers,LLC,a
North Carolina limited liability company hereinafter referred to as"Declarant".
WITNESSETH:
WHEREAS,the Declarant,Ashton Place Developers,LLC,a North Carolina
limited liability company,by recordation of various plats in the Brunswick County
Registry,subdivided and submitted certain properties shown on said plats for the
purpose of development of single family home sites. These properties are part of a
planned development known as"Ashton Place"as shown on the subdivision plat
recorded in Map Book 46 at Pages 39 and 4o of the Brunswick County Registry.
Properties within Ashton Place have been subjected to Protective Covenants recorded in
Book 2717,Page 1212 of the Brunswick County Registry(the Protective Covenants).
Article VIII,section 3 of the Protective Covenants allows for the amendment of
the covenants and restrictions by recordation of an amendment to such Protective
Covenants upon approval of not less than two-thirds of all Lot Owners;and,further that
the Declarant may amend at any time during the Declarant Control Period without the
consent or joinder of the Owners or the Association for the purpose of correcting clerical
or typographical errors or for clarifying or correcting inconsistencies between the
Protective Covenants,the Articles of Incorporation and the Bylaws of the Association.
There are presently nineteen(19)Lots within Section I.of which fifteen(15)have been
conveyed and sold to Brookside Homes,LLC,a North Carolina limited liability
Company. That Brookside Homes,LLC consents and joins in the approval of the
provisions of this Amendment to the Protective Covenants.
Article VIII,sections 3,7 and 21 of the Protective Covenants and pursuant to the
I

05 90 2009
Brunswick Coun y, NC Register of Deeds page 2 of 33
111111111111111110111110111111 !. Rob,..i.n.
•
Reservation of Rights to the Declarant,Declarant has the right and power to amend the
Declaration to add additional properties to the protective covenants,Common Elements
and Limited Common Elements and to otherwise make complementary additions and
modifications to the Declaration as may be required.
The purpose of this Amendment is to remove surplusage,correct typographical
errors,remove inconsistencies and to otherwise comport the Protective Covenants with
the Articles of Incorporation and Bylaws for the Ashton Place at Brunswick HOA,Inc.as
they apply to all Lots Iocated within Ashton Place;and to add and to subject additional
properties to the Protective Covenants and in particular Lots 4o through 46,Ashton
Place Section 2,as shown on that plat recorded in Map Cabinet 48 at Page 98 of the
Brunswick County Registry.
That due to the number of clerical and other changes throughout the original
Protective Covenants for ease of reference the Declarant has elected to terminate the
original Protective Covenants in its entirety and to substitute in its place a fully amended
and corrected as depicted in Exhibit A attached hereto and incorporated herein as if fully
set forth.
WHEREAS,Ashton Place at Brunswick HOA,Inc.is the property owners
association having certain power and authority over the development known as Ashton
Place and it joins in the execution hereof for the purpose of consenting to and
acknowledging the amendment of the Protective Covenants.
THEREFORE,the Protective Covenants of Ashton Place as recorded in Book
2717,Page 1212 of the Brunswick is hereby amended as follows:
1. By striking the Protective Covenants recorded in Book 2717 at Page 1212 in
its entirety and substituting therefore the Protective Covenants attached hereto as
Exhibit A.
2. Following the recordation of this Amendment the Protective Covenants of
Ashton Place previously recorded in Book 2717,Page 1212 of the Brunswick County
Registry are hereby declared null,void and of no effect;and,the same are hereby
canceled of Record.
[Signature Page to Follow]
2

(11111111111111111111111111111111 ,798 Pa�e3lne6-2'"B
runswick County, NC Register of Ceeds page 3 of 3]
IN WITNESS WHEREOF,the parties hereto have set their hands and seals this
the day and year first above written.
DECLARANT:
ASHTON PLACE DEVELOPERS,LLC
BY
Page A.Robertson
Its:Member/Manager
Ashton Place at Brunswick HOA,Inc.,
a North Carolina nonprofit corporation
BY:
Page A.Robertson
President
Brookside Homes,LLC,
a North Carolina nonprofit corporation
BY:
Page A.Robertson
Its:Member/Manager
CONSENT AND JOINDER OF MORTGAGEE AND TRUSTEE
CRESCENT STATE BANK,as the holder of the existing mortgage loan(s) on
some or all of the property described in Exhibit"A"and W.Keith Betts,as Trustee
under the deed of trust securing said loan(s)join in the execution of this Amendment to
the Declaration of Ashton Place for the purpose of subjecting said deed of trust securing
said loan to the terms and provisions of this Declaration as may from time to time be
amended or supplemented.
Mortgagee:
CRESCENT STATE BANK,a North
Carolina corpor •
By: fc
Name: •
Title:
3

111IIIIII111I111IIIIII11111IIIIIII111 13??g8 07043�ao�-za moo
Brunswick County, NC Repistar of Deeds page 4 of 31
Trustee:
W.KEITH BETTS
BY:
.Ir[ct e s
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s)personally appeared before me this
day each acknowledging to me that he or she voluntarily signed the foregoing
document for the purposes stated therein and in the capacity indicated Page A.
Robertson as Member/Manger of Ashton Place Developers,LLC.
Date: 5'/2'7/U2 1Qtyia,vu
-Tam ava L..Fi '1C Notary Public �y
\\,\\�P 1PR1Al Llll�ll��i4
My Commission expires�uh.( 20a
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No1aryPublic
New11 noverCounly =
STATE OF NORTH CARD J1% CA&o\>\
COUNTY OF NEW HANOV /rum iv.00
I certify that the following person(s)personally appeared before me this
day each acknowledging to me that he or she voluntarily signed the foregoing
document for the purposes stated therein and in the capacity indicated Page A.
Robertson as President of Ashton Place at Brunswick HOA,Inc.
Date: ,$/? 7/D�
1 amara L. R slC Notary Public
My Commission expiresx�L i /3 62
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4

IIII 111111111111111111111111 IA 6Py. Rmes oam 72zme
I 11111Robof 31STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s)personally appeared before me this
day each acknowledging to me that he or she voluntarily signed the foregoing
document for the purposes stated therein and in the capacity indicated Page A.
Robertson as Member/Manager of Brookside Homes,LLC.
Date: St;7/6P 4,9.744 etz,
74noa -2 L F.c.Y Notary Public
0AMpRAz��� / My Commission expirestAzitf /.3��O•
N'tor
yp
ZowKoec ublIr
erCou�ty
O
STATE OF NORTH CAROL "
COUNTY OF NEW HANOVER
I certify that the following person(s)personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing document
for the pu •ose stated her • = ' the capacity indicated:
LJ. -•Nn . S S!V• C,.. •c,�arlk�
Ka°
Date: 51ass)DY .o"(AR;- .�... jYY� .t`
*** �4V 1 1, =V�
Notary Pub 'c
'011®LYG My Commission Expires: 4-It-OS
STATE OF NORTH ' ',�r�=,to*
COUNTY OF NEW
I certify that the following person(s)personally appeared before me this day,
each acknowledging to me that he or she voluntarily signed the foregoing document
for the purpose stated herein and in the capacity indicated:W.Keith Betts,Trustee.
Date: 51 ai,oc t ,'rJ I' 'SY1
m . lid/ , Notary Public
Ito My Commission Expires: I "'"OS
3 Ili$
'°UBUG
"I'County
5

IIIIIIIIIIIIIIIIIII111111 IIII111IIi1 B279$P0106 00-20�0
Brunswick Coun y, NC Register of needs page 6 of 31
EXHIBIT A
DECLARANT RESERVES THE RIGHT TO RESTRICT THE USE
OF THE UNITED STATES FLAG AND THE NORTH CAROLINA
STATE FLAG
STATE OF NORTH CAROLINA
DECLARATION OF COVENANTS,
COUNTY OF BRUNSWICK CONDITIONS AND RESTRICTIONS
FOR ASHTON PLACE
THIS DECLARATION,made on the date hereinafter set forth by Ashton Place
Developers,LLC,a North Carolina limited liability company hereinafter referred to as
"Declarant"
WITNESSETH:
WHEREAS,Declarant is the owner of certain property in Town Creek
Township,County of Brunswick,State of North Carolina, and being more particularly
shown and described on that certain map recorded in Map Book46,Pages 39 and 40;
and,Map Book 48 at Page 98 in the Office of the Register of Deeds of Brunswick
County,reference to said plat being hereby specifically made which is more
particularly described on Exhibit B attached hereto;and
WHEREAS,Ashton Place is being developed by Declarant as a planned
community of single family homes(hereinafter sometimes referred to as the
"Community";and,
WHEREAS,Declarant proposes to sell and convey certain lots or sections within
the tracts above-described to be used for residential purposes and to develop said lots,
and additional property which may be acquired by Declarant,into a planned
community;and
WHEREAS, Declarant desires to impose upon such lots certain mutual and
beneficial restrictions,covenants and conditions and charges(hereinafter collectively
referred to as"Restrictions")for the benefit and complement of all of the lots in the
Subdivision;and,Declarant has deemed it advisable to create an organization to own,
maintain,and administer the Common Areas and to enforce covenants and
restrictions exclusively applicable to the Community and to collect and disburse the
assessments and charges hereinafter created.
6

IIIIIIIIIII1IIIIIIII IIII IIIIIIIIIIII1 13718P07 obi Robinson
Brunsuie County, NC Register o eeds page 7 of 31
NOW THEREFORE,Declarant hereby declares that all of the properties
described on Exhibit B shall be held,sold and conveyed subject to the following
easements,restrictions,covenants,and conditions which shall run with,the real
property and be binding on all parties having any right,title or interest in the
described properties or any part thereof,their heirs,successors and assigns,and shall
inure to the benefit of each owner thereof.
See Map Book 46,Pages 39 and 4o;and Map Book 48,Page 98.
ARTICLE I
DEFINITIONS
Section i. "Act"shall mean and refer to Chapter 47F of the North Carolina
General Statutes known as the North Carolina Planned Community Act.
Section 2. "Association"shall mean and refer to Ashton Place at Brunswick
HOA,Inc.,its successors and assigns.
Section n. "Board of Directors"or"Board"shall mean and refer to the
Board of Directors of the Association elected or appointed to manage the affairs of the
Association.
Section 4. "Bylaws"shall mean and refer to the Bylaws of the Association
as maybe amended from time to time.
Section 5."Common Area"shall mean all real property(including the
improvements thereto)owned by the Association,whether in fee or easement, for the
common use and enjoyment of the Owners and specifically including,but without
limitation,entrance, open spaces,recreation facilities,perimeter and interior fencing
installed by Declarant,private streets(if any),and the areas within any storm water
easements and the facilities constructed thereon and which serve more than one(i)
Lot and are not maintained by any governmental authority.
Section 6. "Common Expenses"means and includes actual and estimated
expenses of maintaining and operating the Common Elements and Areas and
operating the Association for general purposes,including any reasonable reserve and
specifically including expenses associated with maintenance of the storm water
systems in the Development,all as may be found to be necessary and appropriate by
the Board of Directors pursuant to these Protective Covenants,the By-laws and the
Articles of Incorporation of the Association.
Section 7."Declarant"shall mean and refer to Ashton Place Developers,
LLC,a North Carolina Corporation,its successors and assigns.
7

IIIIIIIIIIIIIIIIIIII 111111111IIIIIIIIr 82798 P0708 of Deeds Q 8sonfZ3100
Brunswick Y.
Section 8, "Declarant Control Period"shall mean and refer to the period
of time during which the Declarant may appoint or remove members of the Board of
Directors of the Association. The Declarant Control Period shall terminate upon the
earlier of the following to occur:
(a)December 31,2015;
(b)Relinquishment or transfer of all Special Declarant Rights as provided in
Section 47F-3-1o4 of the Act;or,
(c)The total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership.
Section 9."Lot"shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties with the exception of the Common Area.
Section 10. "Member"shall mean and refer to every person or entity who
owns one(1)or more Lots which are subject to assessment.
Section 11."Owner"shall mean and refer to the record owner,whether one
or more persons or.entities,of a fee simple title to any Lot which is a part of the
Properties,including contract sellers,but excluding those having such interest merely
as security for the performance of an obligation.
Section 12."Properties"shall mean and refer to that certain real property
hereinbefore described,and such additions thereto("Additional Property"),as may
hereafter be brought within the jurisdiction of the Association and made a part of the
Planned Community.
ARTICLE II
PROPERTY RIGHTS
Section 1.Owners'Easements of Enjoyment.Except as maybe limited by
these restrictions and by the Rules and Regulations of the Community every Owner
shall have a right and easement of enjoyment in and to the Common Area which shall
be appurtenant to and shall pass with the title to every Lot,subject to the following
provisions:
(a)the right of the Association to suspend the voting rights and right to
use of the recreational facilities by an Owner,his guests,invitees,or tenants for any
period during which any assessment against his Lot remains unpaid;and for a period
not to exceed sixty(6o)days for any infraction of its published rules and regulations;
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(b)the right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency,authority,or utility for such purposes and subject
to such conditions as may be agreed to by the members.However,no such dedication
or transfer shall be effective unless an instrument agreeing to such dedication or
transfer is signed by the Members entitled to cast at least eighty(8o%)percent of the
votes of the entire membership of the Association has been recorded with the
Brunswick County Register of Deeds.
Section 2.Delegation of Use.Any Owner may delegate,in accordance with
this Declaration and the By-Laws,his right of enjoyment to the Common Area and
facilities to the members of his family,his tenants,or contract purchasers who reside
on the Property.
Section R. Conveyance of Title to the Association. Declarant covenants,for
itself,its successors and assigns that it will convey to the Association,prior to the
expiration of the Declarant Control Period,title to those portions of the Common
Areas,if any,owned in fee by the Declarant. The Association shall be obligated to
accept such conveyance of the Common Areas in its then existing condition.
Section 4. Regulation and Maintenance of Common Area. It is the intent
of Declarant that the Common Area(whether owned by the Association in fee or
easement)be preserved for the perpetual benefit of the Owners of the Community.
To that end,Declarant will,if necessary,prior to the conveyance of the first Lot in any
phase or section of the Community to an Owner,reserve on a recorded plat or grant to
the Association an easement over and across that portion of any Lot within such
phase or section on which a Common Area easement lies for the purpose of enabling
the Association to take action permitted by sections(b)and(c)of this Section 4.
(a)Rights and Responsibilities of the Lot Owners. Each Owner of a Lot upon
which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot,including that portion of such tax or assessment as
is attributable to such Common Area easement. Notwithstanding any other provision
of this Declaration,no Owner or other person shall,without the prior written consent
of the Association:(i)remove any trees or vegetation within any Common Area
easement;(2)erect gates,fences,buildings or other structures on any Common Area
easement;(3)place any garbage receptacles on or in any Common Area easement;(4)
fill or excavate any Common Area easement or any part thereof;or(5)planty
vegetation or otherwise restrict or interfere with the use,maintenance,and
preservation of any Common Area easement.
It is the intent of the Declarant that a Common Area easement shall be
maintained in the same state as when the Lot upon which such easement lies was
conveyed to any Owner. If an Owner of a Lot on which a Common Area easement lies
fails to maintain the easement area as provided herein,whether by act or omission,
the Association shall have the right to enter upon such Owner's Lot for the purpose of
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maintaining same and shall have the right to charge such Owner with the costs of •
such maintenance together with a twenty(20%)percent administrative charge,which
costs,if not paid within thirty(30)days after demand for payment is made by the
Association,shall be collected in the same manner and shall incur the same late
charges,interest and costs of collection as set forth in this Declaration.
(b)Rights and Responsibilities of the Association, The Association shall have
the right and obligation to ensure that the Common Area is preserved to the perpetual
benefit of the Owners and,to that end,shall: (1)maintain the Common Area in its
natural or improved state,as appropriate,and keep it free of impediments to its free
use by the Owners; (2)procure and maintain liability insurance covering the
Association and its Members against any loss or damage suffered by any person,
including the Owner of the Lot upon which any Common Area easement lies,
resulting from the use of the Common Area;and(3)pay all property taxes and other
assessments levied against all Common Areas owned in fee by the Association.
(c)Association's Right of Entry for Maintenance of Common Area Easements.
The Association and its employees,agents,contractors and subcontractors shall have
a nonexclusive right and easement at all times to enter upon any portion of a Lot
reserved or designated as a Common Area easement,and any other portion of the Lot
to the extent necessary to gain access to the Common Area easement for the purposes
of: (i)installing and maintaining entrance signage and other signage;(2)making
such improvements to the Common Area easement as have been approved by the
Association;(3)abating any violations of these Protective Covenants,the Bylaws,or
Rules and Regulations adopted by the Association;and,(4)maintaining the Common
Area easement in its natural or improved state,including without limitation removal
of fallen trees and debris and,in general,keeping the easement area free from
obstructions and impediments to its use. No such entry shall be deemed a trespass;
and,to the extent practicable the Association shall give reasonable oral notice to the
Owner or occupant of such Lot.
Section F. Reservation of Easement. Declarant reserves an easement over
and across the Common.Areas so long as it owns any Lots within the Property for the
purpose of constructing any improvements on the Common Areas as it deems
necessary or advisable.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section i.Every Owner of a Lot which is subject to assessment shall be a
member of the Association.Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment.
Section 2.The Association shall have two classes of voting membership:
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Class A.Class A members shall be all Owners,with the exception of
the Declarant,and shall be entitled to one vote for each Lot owned. When
more than one person holds an interest in any Lot,all such persons shall
be members.The vote for such Lot shall be exercised as they determine,
but in no event shall more than one vote be cast with respect to any Lot.In
the event such joint owners cannot agree,the Board of Directors of the
Association shall designate the member entitled to vote.
Class B.The Class B owner(s)shall be the Declarant and shall be
entitled to three(3)votes for each Lot owned.The Class B ownership shall
cease and be converted to Class A membership on the happening of either
of the following events,whichever first occurs,subject to Section 3 of this
Article III:
(a)on December 31,2015;or,
(b)relinquishment or transfer of all Special Declarant Rights
as provided in Section 47F-3-104 of the Act;or,
(c)when the total vote outstanding in the Class A Membership
equals the total vote outstanding in the Class B Membership.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1.Creation of the Lien and Personal Obligation of Assessments.Each
Owner of any Lot by acceptance of a deed therefor,whether or not it shall be so
expressed in such deed,is deemed to covenant and agree to pay to the Association;(i)
annual assessments or charges,and(2)special assessments for capital improvements,
such assessments to be established and collected as hereinafter provided.The annual
and special assessments,together with interest,costs,and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the Lot against which
each such Assessment is made.All assessments(hereinafter"Assessments"),together
with interest,costs,and reasonable attorney's fees,shall also be the personal obligation
of the person who was the Owner of such Lot at the time when the Assessment fell due.
The personal obligation for delinquent Assessments shall not pass to his successors in
title unless expressly assumed by them.
Section 2.Purpose of Assessments.The Assessments levied by the Association
shall be used exclusively to promote the recreation,health,safety,and welfare of the
residents in the Properties and for the improvement and maintenance of the Common
Areas to the extent allowed by the provisions of these restrictive covenants.These
allowed purposes include,but arc not limited to,the maintenance and upkeep of all
roads and roads rights-of-way,repair and maintenance of the Common Areas and
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improvements thereon including without limitation storm water drainage facilities and
the cost of labor,equipment,materials,management and supervision thereof,payment
of taxes and public assessments levied against the Common Areas,procurement and
maintenance of insurance,payment of any use fees or charges imposed upon the
Members of the Association for utilization of amenities or facilities located outside of the
Community which are not a part of the Community,employment of attorneys,
accountants,managers or management companies, and other persons or firms to
represent the Association when necessary,payment of principal and interest on funds
borrowed for Association purposes,and such other needs as may arise.
Section 3.Annual Assessment.The first Annual Assessment shall be
determined by the Declarant prior to the sale of the first Lot. The Annual Assessment
established above may be increased,effective January i of each calendar year,upon
adoption and ratification of the membership. The Board shall adopt a proposed budget
for the Association at least annually. Within thirty(3o)days after adoption fo the
proposed budget for the Association,the Board shall provide to all of the Lot Owners a
summary of the budget and notice of a meeting to consider its ratification,including a
statement that the budget may be ratified without a quorum as described in Section 5
below and in accordance with the provisions of 47F-3-io3 and the Bylaws. All
Assessments shall be paid in such manner and by such dates as the Board may establish
in this Article III.
Section 4.Special Assessments.In addition to the annual assessments
authorized above,the Association may levy,in any assessment year,a special assessment
applicable to that year for the purpose of defraying,in whole or in part,the cost of any
construction,reconstruction,repair or replacement of a capital improvement upon the
Common Area,including fixtures and personal property related thereto,or for other
purposes deemed appropriate by the Directors of the Association,provided that any
such assessment shall have the assent of two-thirds(2/3)of the votes of the members
who are voting in person or by proxy at a meeting duly called for this purpose.
Section...Notice and Quorum for Any Action Authorized Under Sections 3
and 4.Written notice of any meeting called for the purpose of taking any action
authorized under Section 3 or 4 shall be sent to all members not less than ten(io)days
nor more than sixty(6o)days in advance of the meeting.At the first such meeting
called,the presence of members or of proxies entitled to cast twenty percent(20%)of all
the votes of each class of membership shall constitute a quorum.If the required quorum
is not present,another meeting may be called subject to the same notice requirement,
and the required quorum at the subsequent meeting shall be one-half(1/2)of the
required quorum at the preceding meeting.No such subsequent meeting shall be held
more than 6o days following the preceding meeting.
Section 6.Rate of Assessment. Lots shall be divided into two(2)classes or
categories for purposes of payment of Assessments. These categories are as follows:
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(A) All Lots not within the Declarant Category shall be considered within
the"Unrestricted Category." Lots within the Unrestricted Category shall receive no
reduction from the basic Lot Assessments and shall otherwise be responsible for any Lot
Assessments.
(B)Lots owned by Declarant until December 31,2015,at which time this
category shall terminate. This category shall be referred to as"Declarant Category."
Each Lot within the Declarant Category shall not be required or responsible to pay dues
or Assessments to the Association.
Section 7. Date of Commencement of Annual and Special Assessments:
Due Dates. The annual and special assessment provided for herein shall commence as
to all Lots on the first day of the month following the conveyance of the Deed from the
Declarant. The first annual and supplemental assessments shall be adjusted according
to the number of months remaining in the calendar year. The Board of Directors shall
fix the amount of the annual assessment against the Lots at least thirty(3o)days in
advance of each annual assessment period. Written notice of the annual assessment
shall be sent to every Owner subject thereto. Annual assessments are due on the first
day of January fo each year or such other date as my determined from time to time by
the Board and published to the membership. Special assessments are due on the date
established by the Board of Directors. Special assessments shall likewise be determined
and noticed,subject to the provisions of Section 5 of this Article IV. The Association
shall,upon demand,and for a reasonable charge,furnish a certificate signed by an
officer or managing agent of the Association setting forth whether the Assessments on a
specified Lot have been paid..A properly executed certificate of the Association as to the
status of Assessments on a Lot is binding upon the Association as of the date of its
issuance.
Section 8. Effect of Nonpayment of Assessments:Remedies of the
Association.Any Assessment not paid within ten(io)days after the due date shall be
subject to late charges and or interest charges in amounts not exceeding the maximum
allowable by law. The Association may bring an action at law against the Owner
personally obligated to pay the same,or foreclose the lien against the Lot.No Owner
may waive or otherwise escape liability for the Assessments provided for herein by
non-use of the Common Area or abandonment of his Lot.
Section q.Subordination of the Lien to Mortgages.The lien of the
Assessments provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any Lot shall not affect the Assessment lien.However,the sale or
transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof,
shall extinguish the lien of such Assessments as to payment which became due prior to
such sale or transfer.No sale or transfer shall relieve such Lot from liability for any
Assessments thereafter becoming due or from the lien thereof.
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Section io. Exempt Property. All Declarant owned Lots,all Common Areas
owned in fee by the Association,all property dedicated to and accepted by a public
authority shall be exempt from the assessments created herein. Notwithstanding the
foregoing,no lands or improvements devoted to dwelling use shall be exempt from
assessments.
Section ii. Working Capital Fund. At the time of Closing of the initial sale to
a Class A Owner and each resale thereafter,a sum equal to One Hundred($ioo.00)
Dollars shall be collected from the purchaser of such Lot and transferred to the
Association as working capital. The purpose of the working capital fund is to ensure that
the Association has sufficient cash funds available to meet unforseen expenses and to
acquire additional equipment or services deemed necessary by the Board of Directors.
Amounts paid to the Association pursuant to this Section ii shall not be considered as
an advance payment of any annual,special or regular assessment.
Section 12.Street Lighting.Declarant reserves the right to subject the
Properties to a contract with Progress Energy for the installation of street lighting,
which may require a continuing monthly payment by the Association to Progress
Energy.
ARTICLE V
EASEMENTS
Section i. Access and Utility Easements. Easements for the installation of
maintenance of driveways,walkways,water lines,gas lines,telephone,cable television,
electric power transmission lines,sanitary sewers,storm water drainage facilities,and
for other public utility installations are reserved as shown on the recorded Plats of the
Properties. Declarant,the Board,their Agents,or the Association may reserve and grant
easements over the Common Areas as provided in this Declaration. Within any such
easement herein provided,no structure,planting or other material shall be placed or
permitted to remain which may interfere with the installation or maintenance of the
utilities installed thereon,or which may change the direction or flow of water through
drainage pipes or channels constructed in such easements.
Declarant,the Board,or their agents reserves an easement and rights of
ingress,egress and regress on,over and under the Properties for the purpose of fulfilling
its obligations under this Declaration,the protective covenants and restrictions,and any
other rules,laws,or ordinances which the Declarant or the Association is permitted or
obligated to enforce. Such easement shall include,but not be limited to,the right to go
on any Lot to correct,repair,or alleviate any condition which in the opinion of the
Declarant,the Board or its agents violates these Protective Covenants,any rules and
regulations established by the Board,or creates or may create an imminent danger to
the Properties,the Common Areas or improvements located thereon.
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Declarant further reserves for itself,the Association,the Board or its agents an
easement and rights of ingress,egress and regress,on over and under the Properties to
maintain and correct drainage or surface water run off in order to maintain reasonable
standards of health,safety and appearance. Such right expressly includes the right to
cut any trees,bushes or shrubbery,make gradings of the soil,or take any other similar
action that it deems reasonably necessary or appropriate. After such action has been
completed,Declarant or the Association shall grade and seed the affected areas and
restore the affected property to its original condition to the extent practicable,but shall
not be obligated or required to replace any trees,bushes,sod,or shrubbery necessarily
removed. The reservation contained herein shall not be deemed to obligate the
Declarant or the Association to maintain,repair,or correct deficiencies in the
stormwater drainage and collection systems within the Properties once such systems
have been conveyed or transferred to the Association or to any governmental or quasi-
governmental agency or entity.
Section 2. Easements for Governmental Access. An easement is hereby
established over the Common Areas and every Lot for the benefit of applicable
governmental agencies for installing,removing,and reading water meters,maintaining
and replacing water,sewer,and drainage facilities;and,for acting for other purposes
consistent with the public safety and welfare including,but without limitation,law
enforcement,fire protection,garbage collection,and the delivery of mail.
,Section R. Easement and Right of Entry for Repair. If any part of a dwelling is
located closer than five(S)feet from its Lot Line,the Owner thereof shall have a
perpetual access easement over the adjoining Lot to the extent reasonably necessary to
perform repair,maintenance,or reconstruction of such dwelling. Such work shall be
done expeditiously and upon completion,the Owner shall restore the adjoining Lot to as
nearly the same condition as that which prevailed prior to the commencement of work.
Section 4. Easement Over Common Areas. A perpetual,nonexclusive
easement over the Common Areas is hereby granted to each Lot and its Owners,family
members,tenants,guests and invitees of such Owners for the purpose of providing
access,ingress and egress to and from the Common Areas and for the use thereof.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE PROCEDURES
Section i. Architectural Control Committee. All duties and responsibilities
conferred upon the Board or the Architectural control Committee by this Declaration or
the Bylaws of the Association shall be exercised and performed by the Declarant or its
designee,so long as Declarant shall own any lot in the Properties or any additions
annexed thereto by Supplemental Declaration or Amendment of Declaration. The
Architectural Control Committee shall consist of at least One(1)person appointed by
the Declarant who need not be a Lot Owner of the Association.
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Section 2.Submittal of Plans.At least thirty(3o)days prior to the
anticipated commencement of any landscaping or construction or addition of any
structure,fixture or improvement on any Lot,the owner of such Lot(or his duly
appointed agent)shall submit to the Chairman of the Architectural Control Committee
("Committee")a survey of the Lot,which survey shall show each Lot corner.There shall
further be shown on said survey the proposed location of all proposed and existing
structures or improvements,including driveways,patios,decks and walkways and
existing trees or other landscape features. There shall be further provided to the
Committee sufficient building elevations and landscape plans,including a statement of
exterior building materials and proposed exterior colors,and such other items as to
allow the Committee to appropriately and accurately evaluate what is proposed for
construction on the Lot.The location of a proposed well(if any)shall also be delineated.
The survey,building elevations and landscape plans,shall be of professional quality.
There shall be submitted two copies of all information required to be submitted.
Section R.Standards for Approval.Within thirty(3o)days after receipt of all
required information,the Committee shall notify in writing the owner of the Lot whether
or not the requested improvements are approved. Unless a response is given by the
Committee within said thirty(3o)days,the plan shall be deemed approved.The response
of the Committee maybe an approval,a denial,an approval with conditions or a request for
additional information. A request for additional information shall be deemed a
determination that the information submitted was inadequate,and the thirty(3o)daytime
for response shall only commence upon receipt of the requested additional information.If
approval with conditions is granted,and construction then begins,the commencement shall
be deemed an approval by the owner of the Lot of the conditions imposed.No response
shall be required from the Committee unless a submission contains, on its face, the
information required to be submitted as more fully set out hereinbefore.
The Committee shall approve the plans as submitted,if all required information
is submitted,and the following affirmative findings are made by the Committee:
(1) that the improvements sought to be constructed will not have
negative economic impact on any other property within Ashton Place;and
(2)that all required specific building standards and other conditions
contained within the Declaration of Covenants and other applicable documents have been
met;
(3)that the improvements are architecturally compatible with other
approved improvements on other properties within Ashton Place;
(4) that the natural features of the Lot have been retained to the
maximum extent feasible;and
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(5)that the impervious surface limitation coverage proposed on each
Lot is consistent with the requirements of the Division of Environmental Management
Coastal Stormwater Regulations as more fully set out hereinafter.
It is the intent of Declarant for there to be an architectural theme or style
within Ashton Place which theme or style is to be a southern architectural style,which style
may further be low country or may not be low country, as such terms and styles are
traditionally understood by the architectural profession. In evaluating plans, and in
determining whether the standard imposed by this section has been achieved,evaluation
as to this architectural style shall be permitted by the Committee;however,the Declarant
or its designee during the Declarant Control Period;and thereafter,the Board shall be the
sole arbitrator as to what is to be traditional southern style architecture.The Committee is
further specifically authorized to create and upon approval of the Board to publish
particular construction standards which standards and features shall be made available to
the owner of any Lot requesting the same.
Notwithstanding the procedures contained within this Article VI,review of
proposed minor construction or proposed improvements to existing structures,or minor
landscaping,maybe delegated to a sub-committee and maybe reviewed in accordance with
abbreviated procedures adopted by the Committee,approved by the Board and published
from time to time.
Section 4.Contractor.Because of the desire of Declarant on behalf of all Owners
to provide a uniform quality of construction,and because of the need to control lay down
yards and other contractor facilities due to the limited availability of land,the Committee
reserves the right of approval of the general contractor selected by Owner to construct a
primary residence on any Lot.The Committee shall maintain at all times a list of approved
contractors available for construction on any Lot.Such information shall be made available
to the Owner of any Lot upon request. Neither Declarant, the Association nor the
Committee guarantee or warrant any work performed by any contractor approved by the
Committee,the Association or Declarant.Each Owner shall submit with his application for
approval a statement of said Owner's selected general contractor;if the general contractor
is not selected at that time, the name of the general contractor shall be submitted and
approved prior to commencement of construction.
Section S. Right of Appeal. Any owner disagreeing with the finding of the
Committee may appeal the decision to the Board of Directors of the Association by giving
written notice of appeal to the President of the Association within fifteen 0.5)days following
notice of denial(or notice of imposition of conditions unacceptable to said owner). The
Board of Directors of the Association shall then review the plans,giving the Chairman of
the Committee the opportunity to present to the Board of Directors of the Association
specific reasons why the plans were denied,in the presence of the owner or his agent,and
the owner or his agent may present information challenging the findings of the Committee.
The decision of the Committee shall only be overridden by majority vote of the Board of
Directors of the Association.
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Section 6.Notices.All notices required to be given pursuant to this article shall
be given in writing,hand-delivered or mailed postage prepaid,and the Committee shall be
obligated to specifythe particular grounds upon which denial of any application is founded.
One set of plans, denoted as approved(or approved with specified conditions) shall be
retained by the Committee and the other shall be returned to the applicant.
ARTICLE VII
RECREATION AMENITIES AREA
Section i. Declarant in conjunction with Ashton Place may,but shall not be
obligated to,build a recreation facilities area for the use of Lot Owners within Ashton Place.
In the event that any such recreation facility is built,it and the portion of the property upon
which it is built shall be a common area for the use and benefit of all Lot Owners within
Ashton Place with the ownership,administration and management of the recreation facility
being with Ashton Place Homeowners Association. If constructed,the recreation facility
shall have rules and regulations as may be established by the Association with such dues
and assessments to be established in amounts as determined by the Association. All
Owners of Lots within Ashton Place shall have the right to use the recreation facilities by
virtue of their ownership of such Lots subject to suspension of such right of use by the
Association as provided herein in this Declaration.
ARTICLE VIII
GENERAL PROVISIONS
Section 1.Enforcement.The Association,or any Owner,shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations,liens and charges,including fines and/or suspensions of rights and privileges,
now or hereafter imposed by the provisions of this Declaration.Failure by the Association
or by any Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
Section 2,Severability.Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any of the other provisions which shall
remain in full force and effect.
Section S.Amendment.The covenants and restrictions of this Declaration shall
run with and bind the land.This Declaration maybe amended during the first twenty(2o)
year period upon affirmative vote of not less than two-thirds (2/3)of all Lot Owners in
Ashton Place. Any amendment must be recorded with the Brunswick County Register of
Deeds. During the Declarant Control Period,the Declarant may amend this Declaration,
without the consent or joinder of the Owners or the Association,to further the Declarant's
development purposes which shall include,but not be limited to the following:(i)to annex
or add additional property; (2)to correct any obvious error or inconsistency in drafting,
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typing or reproduction;(3)to qualify the Association or the Property,or anyportion thereof
for tax-exempt status;(4)to incorporate or reflect any platting change as permitted by this
Declaration; or (5) to conform the Declaration to the requirements of any law or
governmental agency having jurisdiction over the Property.
Section 4. Exterior Maintenance. In the event an Owner of any Lot in the
Properties shall fail to maintain the improvements situated on said Lot in a manner
reasonably satisfactory to the Board of Directors, the Association shall have the right,
through its agents and employees,to enter upon said parcel and to repair,maintain,and
restore the Lot and the exterior of the buildings and any other improvements erected
thereon. The cost of such exterior maintenance together with a twenty(20%) percent
administrative charge shall be added to and become part of the Assessment to which such
Lot is subject.
Section 5.Storm water Runoff.The State of North Carolina has adopted Storm
Water Runoff Regulations applicable to the Properties.In accordance with such regulations,
the total amount of impervious surface as defined by the Storm water regulations of the
State of North Carolina,is limited on every Lot.The limitations are set out on Exhibit C
attached hereto in addition to the other requirements for compliance with State Storm
Water Management Permit Number SW8o4o8o6, as issued by the Division of Water
Quality. Declarant, the Association and the State of North Carolina shall have specific
authority to enforce the provisions of the North Carolina Storm water regulations,and each
Owner shall be required to limit the amount of impervious surface on any lot owned by said
Owner as set out on Exhibit C attached hereto. Further in accordance with these
regulations the Declarant has engineered a storm water plan for all of Ashton Place which
includes natural drainage patterns, swales and detention ponds for the general flow of
storm water. Each lot Owner shall be required to develop and maintain his lot in such a
manner that is consistent with this storm water plan.
Section 6. Government Permits. Government permits for the development shall
be assumed by the Association on the following terms and conditions:
A. General. All duties,obligations,rights and privileges of the Declarant under any
water,sewer,storm water and utility agreements,easements and permits for the Planned
Communitywith municipal or governmental agencies or public or private utility companies,
other than storm water permits,shall be the duties,rights,obligations,privileges and the
responsibility of the Association.
B. Storm water Permit(s). The storm water permit(s)for the Development cannot
under the regulations of the NC Department of Environment and Natural Resources
(DEHNR)be transferred to theAssociation until after termination of the Declarant Control
Period. The Association agrees that at anytime after the Developer is permitted under the
DEHNR regulations to transfer the stormwater permit(s) to the Association, the
Association's officers without any vote or approval of Lot owners,and within io days after
being requested to do so,will sign all documents required by DEHNR for the storm water
19

IiIIIIIIIIIIIIIIIII[IIII IIIIIIIIIIIII D??Q ?ww?,:0 O 2:°"
Brunswick Coun y NC Register of Deeds page T of 31
permit(s)to be transferred and assumed by the Association;provided,however,that at the
time the Developer requests that the Association assume the stormwater permit(s),the
Developer(i)has sold 5Q%of the Lots within the Development and(ii)has delivered to the
Association a certificate from an engineer licensed in the State of North Carolina,dated no
more than 45 days before the date of the request,that all storm water retention ponds,
swales,and related facilities are constructed in accordance with the plans therefore,and are
in complian se with the-storm water permits issued by DEHNR. After the Developer makes
a request that the permit(s)be assumed in accordance with this paragraph,any liability of
the Developer for operation or maintenance of any storm water retention ponds and related
facilities,or for the costs thereof,shall cease and the Association shall thereafter indemnify
and hold harmless the Developer from any such obligations and costs. If the Association
fails to sign the documents required by this paragraph,the Developer shall be entitled to
specific performance in the courts of the State of North Carolina requiring that the
appropriateAssociation officers sign all documents necessaryfor the storm water permit(s)
to be transferred to and assumed by the Association.
Section 7.Declarant's Rights. Declarant reserves the right to use,during the
period of Declarant's Class B Membership rights as more fully specified hereinbefore, a
portion of the Common Area or any home constructed on the Property by Declarant as a
Model Home or otherwise to assist in the sale of lots and homes within the Properties.
Section 8.Declarant's Right to Change Development and Annex Property.
With the approval of Brunswick County,Declarant shall have the right,without the consent
or approval of the Owners,to create dwelling units,add Common Areas,re-plat,recombine
or subdivide lots,change unit types and reallocate units within and/or add or withdraw any
real property from the development. Declarant may annex to and make a part of the
Planned Community any other real propertywhich Declarant now owns or which Declarant
may hereinafter acquire or develop(the"Additional Property')which shall be annexed
without the consent of the Owners or Members as long as the Additional Property is
developed in accordance with the same general scheme as the other portion of the Planned
Community. Notwithstanding the foregoing,nothing herein shall require the Declarant to
annex any additional lands to the Planned Community.
Section 9.Signage.The Association shall have full right and authority to regulate
and limit the appearance,size and number of signs on any Lot within the Properties,as long
as such restrictions and limitations are uniformly applied throughout the Properties.There
shall be no "rent" or "for sale" signs posted within the community provided however
Declarant may post such signage on any Lot or on any model home as it deems appropriate
during the period of allowed Class B Membership rights as described above.
Section 10.Housing Sizes.The primary dwelling unit constructed on Lots within
Ashton Place must contain a minimum of enclosed,heated,first(11 floor square footage
of One Thousand(1,00o)square feet.
20

IIIIIIIIIIIIIIIIIIII III!IIIII1111IIII Begs P0721 =o.67.zm e0m
Brunswick County, NC Register of Deeds page 21 of 31
Section 11.Fences.Fences on any Lot are subject to the complete jurisdiction of
the Architectural Review Committee including location,style,materials and height.As used
herein,fences shall include walls,barricades,shrubbery or other impediments to reasonable
mobility and visibility.The Committee shall only approve the construction of a fence in any
location upon a determination that the fence is aesthetically pleasing and does not detract
from the reasonable value of any Lot or property.The Committee shall adopt guidelines
concerning permissible location of fences, and the permissible styling and construction
standards of allowable fences.
Section 12. Satellite Dishes or Antennae. No satellite receiving dish, radio
antennae or other similar device shall be allowed on any Lot without approval by the
Committee. The Committee may regulate as to the size and location of such devices,so as
to minimize the visibility of such satellite receiving dish from any street or adjoining
property,The Committee may impose screening requirements by vegetation or otherwise
as it deems appropriate. The Committee shall adopt guidelines concerning permissible
location(s)of satellite dishes or antennae.
Section iq.Parking.All Lots shall provide adequate parking off the street and not
in the landscaped yard for two(2)vehicles. No vehicles shall be allowed to be parked on
any area that is landscaped or intended to be landscaped. No vehicles shall be allowed to
be parked on any Lot or any Association Property, or on any right-of-way, which is
determined by the Board to be of a type,because of size or weight, not appropriate for
overnight parking within a residential subdivision.As an example,tractor/trailer trucks or
heavy construction equipment shall be determined inappropriate. No boat,motor boat,
camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to
remain on any Lot,or in parking spaces,at anytime,unless by written consent of the Board.
The Board shall have the right to tow any vehicle in violation of this section at the Owner's
expense. The Board shall adopt guidelines,rules and regulations concerning parking.
No parking shall be allowed on the street at any time,unless by written consent of
the Board. During the Declarant Control Period,the Declarant and its assigns are exempt
from this parking requirement.
Section 14.Nuisances.No activity,whether active or passive,that is reasonably
considered a nuisance by the Board shall be allowed within Ashton Place.This prohibition
includes any activities within any structure, on any Lot or on any street or Association
Property.The Board is specifically authorized by Section27 of these Protective Covenants
to adopt rules regarding conduct and use of such properties;however,the Association may
find any conduct or use of a Lot to be a nuisance notwithstanding the fact that such conduct
is not specifically prohibited by these Protective Covenants or by an adopted rule.If any
conduct is deemed by the Board to be a nuisance,and to the extent that such conduct is not
specifically prohibited by the provisions of these Protective Covenants or by an adopted
rule,the Board shall give written notice to the offending owner specifying the nature of the
nuisance, and requesting that such nuisance be terminated. If any nuisance is not
terminated within a reasonabletime thereafter,the Board may pursue anylegal or equitable
21

06 80 2000
11111IIIIIIR IIIIII IIII IIII IIII II III B??98 P0722 re`^�os,2a�
Brunswick County, NC Register of Deeds page 22 of 31
remedy,including fines and/or suspension of rights,and may collect in any such action all
costs and attorney's fees incurred.
Section i4.Yard Maintenance.Each unimproved Lot shall be maintained in a
sightly condition, comparable to the condition of unimproved Lots offered for sale by
Declarant.In order to ensure compliance with this requirement,the Association shall have
the right and authority,which is specifically acknowledged by the Owner of each Lot,to go
upon each Lot which is unimproved,and cause any or each of such unimproved Lots to be
mowed,and trash and debris located thereon to be removed,if the Owner fails to do so after
request by the Association.To compensate the Association for this expense,the Owner of
each unimproved Lot shall pay to the Association,as a special assessment,a sum equal to
the actual cost to the Association of causing this work to be accomplished,plus a twenty
(20%)percent administrative fee. The Association shall establish regular lot mowing and
brush removal cycles as guidance for Owners.
Section i6.Clearing. No significant clearing or landscaping of any Lot shall be
undertaken more than thirty(3o)days prior to the commencement of construction of the
Living Unit to be located thereon. This provision shall not preclude the removal of
underbrush or damaged or diseased trees,nor shall this provision preclude the installation
of a driveway or walkway.
Section 17.Driveways.Non-paved driveway accesses to improvements on Lots
shall not be permitted.All crossings of drainage swells or ditches located on any street
right-of-way must be by appropriately designed and engineered culvert installed by the
Owner of said Lot,as approved by the Committee.
Section i8.Mailboxes. All mailboxes within Ashton Place shall be of one design
and color approved by the Architectural Control Committee.
Section io.Residential Use. All Lots shall be used for residential purposes only;
provided,however,that portions of the primary dwelling units also maybe used for home
office purposes by the residents of such Units,provided that the primary use of each Unit
is residential,no business customers of the Owner visit the Unit and the Owner does not
advertise the address of the Unit as such Owner's business address.Notwithstanding the
foregoing,Declarant may maintain any one or more Units owned by Declarant as a sales
office ormodel Unit,and may relocate any such model Units from time to time.In addition,
all Units shall be used in a manner which is consistent with those rules and regulations
promulgated from time to time in accordance with the Covenants, Conditions and
Restrictions.
Section 20. Prohibitions on Use of Common Areas or Elements. The Common
Elements shall not be used for the storage of personal property of any kind, including
without limitation bicycles,wagons and carts.
22

1111111111111111111111111111111111 10.9,8,, pa7231n, 6:20 000
Brunswlek County, NC Register of Deeds page 23 of 31
Section 21.Garbage. Trash,garbage and other waste shall be placed in sanitary
containers within each dwelling Unit,and the Owner of each Unit shall be responsible for
placing such garbage in the trash bin or receptacle provided by the trash collection service
for Brunswick County on a regular basis.No Owner may place large articles, including
without limitation furniture or mattresses,in or near the trash bin or receptacle area.Boxes
shall be completely collapsed and shredded before disposal.Garbage containers are to be
stored in a manner that they are not visible to adjacent property owners from the street
except on trash pickup day. Receptacle are to be out of sight by the evening immediately
following pick up.
Section 22.Animals. No animals,livestock,or poultry of any kind shall be kept
or maintained on the Property or in any dwelling located thereon except that small
common household pets(limited to dogs,cats,fish,and only such other species as maybe
approved by the Board)maybe kept or maintained within each dwelling Unit,provided
they are not kept or maintained for commercial purposes.No pet shall be permitted upon
the Common Elements unless carried or leashed by a person that can control the pet,and
in no event may any savage or dangerous pet be kept within any Unit or the Property.All
pets shall be controlled so as not to create a nuisance or unreasonable disturbance
(including loud and excessive barking)on the Property and within the Units.Pets shall not
be permitted to defecate in the Common Elements, and each Owner shall clean up
immediately after his or her pet if an accident occurs. All pets shall be registered or
inoculated as required by law.Each Owner shall hold the Association harmless from any
claim resulting from any action of his or her pet,and shall repair at his or her expense any
damage to the Common Elements caused by his or her pet. If any Owner violates these
rules more than twice in any twelve (12) month period, then in addition to any fines
provided in the Bylaws,the Association shall have the right to require the Owner to remove
the pet permanently from the Property upon not less than ten(io)days'written notice.
Section 2a. Windows. No curtains,draperies or blinds shall be installed or hung
in anywindow of any Unit unless they have a white or neutral lining or backing on the side
exposed to the window.No other colors may be used unless approved in writing by the
Board prior to installation.No stickers or decals maybe affixed to the windows in any Unit
or elsewhere on the exterior of a Unit,except that decals of security systems maybe affixed
to windows.
Section 24. Outdoor Flags. Signs, Decorations. The rights of Owners and
occupants to display on their Lot, flags,political signs,signs and symbols of the kinds
normally displayed outside of residences located in single family neighborhoods upon
individually owned property shall not be abridged provided;however,the Board may adopt
reasonable times,place,size and manner of display restrictions regulating flags,political
signs,signs and other symbols which are visible from outside any Lot. Notwithstanding
the foregoing,Owners may display the American Flag on national holidays,Flag Day(June
14)and other nationally recognized dates.
23

kiJLiL!!IL111ft!1
it U1111111 Ber z�9aaz Deeds
at
The rights of Owners and occupants to display religious and holiday signs,symbols
and decorations on their Lot of the kinds normally displayed outside of residences located
in single family neighborhoods shall not be abridged provided;however,the Board may
adopt reasonable times,place, size and manner of display restrictions regulating such
displays which are visible from outside any Lot.
Section 25.. Outside Furniture.Porches and Patios. Front porch and/or patio
areas shall be kept in a clean,neat,and orderly condition at all times,and shall not be used
for the storage of bicycles,overnight storage of garbage,or for the drying of laundry. No
furniture shall be permitted except porch furniture and plants;and,and any dead plants
shall be removed promptly.
Section 26.Temporary Structures.No structure of a temporary character,trailer,
RV,tent,shack,garage,barn or other outbuilding shall be used on any Lot at any time as
a residence whether temporarily or permanently. Modular storage/moving systems may
be utilized for a brief period while an Owner is moving into his residence,not to exceed
twenty-four(24)hours,unless approved bythe Board. TheAssociation shall have the right
to remove any such storage system in violation of this section at the Owner's expense.
Section 27, Insurance. The Association shall procure and maintain liability
insurance covering the Association, in an amount not less than One Million
($1,000,000.00) Dollars. The Association shall also procure and maintain full
replacement value hazard insurance on real and personal property owned by the
Association and shall procure and maintain officer's,and directors liability insurance.The
premiums for any such insurance shall be a common expense and paid from the annual
assessments.
Section 28. Rules and Regulations. The Board of Directors shall have the
authorityto adopt additional rules and regulations governing the use of the Common Areas
and the Lots within the community and shall furnish a written copy of said rules and
regulations to the Owners of each Lot at least fifteen (15) days before such rules and
regulations become effective. Any violation of such rules shall be punishable by fine
and/or suspension of voting rights as provided in this Declaration.
In addition to any other rights and remedies that the Association may have
under this Declaration, the Association may impose sanctions for violations of this
Declaration,the Bylaws of the Association,the rules and regulations adoptedbythe Board,
or the Restrictive Covenants applicable to the Properties, in accordance with the
procedures set forth in the Declarations or Bylaws,which sanctions may include,but are
not limited to, monetary fines, which fines shall constitute a lien upon the Lot of the
violator,and suspension of the right to vote;provided,however,that the Association shall
not have the right to suspend the right to use private streets if any providing access to an
Owner's Lot. In addition,pursuant to procedures provided in the Bylaws,the Association
may exercise self-help to cure violations including but not limited to the towing of Owner,
guest or tenant vehicles that are in violation of parking rules.
24

os ao zoos
11)11111111111111111111111111E Robert J. Robinson.
runswick County, NC Register of Deeds page 25 of 22
The Association shall at all times have the right and easement to go upon any
Lot for the purposes of exercising its rights hereunder. Any entry onto any Lot for
purposes of exercising this power of self-help shall not be deemed a trespass.All remedies
set forth in this Declaration and the Bylaws shall be cumulative of any remedies available
at law or in equity. In any action to enforce its rights and remedies the party prevailing in
such action shall be entitled to recover all costs,including,without limitation,attorney's
fees and court costs reasonably incurred in such action.
Section 29. Subdivision of Lots. No Lot within the Community may be
subdivided by sale or otherwise so as to reduce or increase the total Lot area shown on the
recorded plat of the Community,except with the consent of the Declarant,and if required,
by Brunswick County.
Section 3o. Planned Community Act. It is the intent of Declarant to comply
with the requirements imposed on the Planned Community by the Act and to the extent
any of the terms of this Declaration violate the Act,the terms of the Act shall control.
Section Rt. Condemnation/Casualty. If all or any part of the Common Area and
improvements thereon are taken by power of eminent domain or are damaged or destroyed
by fire or other casualty,the proceeds of the condemnation award or any insurance policies
covering such improvements shall be payable to the Association. The Board of Directors
shall propose to the Members,at an annual or special meeting held within sixty(6o)days
after the date of the condemnation or casualty, whether or not to reconstruct the
improvements unless at least sixty-seven(67%)percent of all the Members vote at such
meeting against reconstruction, in which event the proceeds shall be retained by the
Association for operation expenses or reserves,as determined by the Board. Nothing in
this section shall prevent the Board from proposing and the Members from approving the
use of such proceeds for construction of different improvements from the improvements
taken,damaged or destroyed.
Section 12. Evidence of Member Approval. In the event that any action
requires evidence of consent of the Members or a specified percentage of the Members,
such approval shall be conclusively presumed if supported by a Certification signed bythe
President or Secretary of the Association in substantially the following form:
Certificate of Ashton Place at Brunswick HOA,Inc.
This is to certify that,upon proper notice given a[the]Special[Annual]
Meeting of the Members ofAshton Place at Brunswick HOA,Inc.was held on
[date and year]at[time]. The purpose[set out purpose]of the meeting as set
forth in the Notice of Meeting was to[state action].
At such meeting,at which a quorum was present,in person or by proxy,
a total of votes were cast: votes were cast in favor of such action
25

06 80-Z008
IIIIIIIIIIIII IIIIIII IIII IIIIIIIIIIIII B?798 P07R6 i�5o:zo.m�
Brunswick County, NC Register of Deeds page 26 of 31
,and votes were cast against such action. Accordingly the motion to
approve[describe action]was approved by at least %of the Members as
required by the Declaration and/or Bylaws of the Association.
President/Secretary
Section SR. Number and Gender. Whenever the context requires,the singular
shall include the plural and vice versa and one gender shall include all.
Section A4. Severability. If any provision of this Declaration is held by a Court
of competent jurisdiction to be invalid or void,such provision shall be deemed severable
from the remaining provisions of the Declaration and shall not be deemed to nullify,affect,
or void any other provisions hereof. If any such provision is deemed invalid due to its
scope or breadth,such provision shall be deemed valid to the extent of the scope or breadth
permitted by law. Additionally, if any items, term or provision contained in the
Declaration is in conflict with any applicable federal,state,or local law,this Declaration
shall be affected only as to its application to such item,term,or provision and shall in all
other respects remain in full force and effect.
Section f15. Conflicts. In the event of a conflict between this Declaration and
the Articles of Incorporation of the Association the Articles of Incorporation of the
Association shall control. In the event of a conflict between this Declaration and the
Bylaws,this Declaration shall control.Specific provisions shall control general provisions.
Notwithstanding the foregoing, a construction consistent with the Act and the North
Carolina Nonprofit Corporation Act shall in all cases control over any construction
inconsistent therewith.
Section R6. Rule Against Perpetuities. As provided in Section 47F-2-1.03 of the
Act, the rules against perpetuities may not be applied to defeat any provision of the
Declaration,Bylaws,or rules and regulations adopted pursuant thereto. In the absence of
the protection provided by the Act, if any provision of this Declaration violates any
applicable rule against perpetuities,such provision shall be deemed amended to be and
remain in effect for the maximum period of time that such provision could be in effect
without violating the applicable rule against perpetuities.
•
[Signature Page Follows]
26

IIIIIIIIIII�III IIIII flll'IIIIIIIIIIII 82798 P0727f° za 0eo
w Brunsio County, NC Register of Deeds page 27 of 31
IN WITNESS WHEREOF,the undersigned,being the Declarant herein has
caused this instrument to be executed in it's name by it's authorized representative this
day of ,2008.
DECLARANT:
ASHTON PLACE DEVELOPERS,LLC
Page A.Robertson
Its:Member/Manager
Ashton Place at Brunswick HOA,Inc.,
a North Carolina nonprofit corporation
BY:
Page A.Robertson
President
Brookside Homes,LLC,
a North Carolina nonprofit corporation
BY:
Page A.Robertson
Its:Member/Manager
CONSENT AND JOINDER OF MORTGAGEE AND TRUSTEE
CRESCENT STATE BANK,as the holder of the existing mortgage loan(s)on some
or all of the property described in Exhibit"A"and W.Keith Betts,as Trustee under the
deed of trust securing said loan(s)join in the execution of this Declaration for the purpose
of subjecting said deed of trust securing said loan to the terms and provisions of this
Declaration as may from time to time be amended or supplemented.
Mortgagee:
CRESCENT STATE BANK,a North
Carolina corporation
BY:
Name: �.c ;
Title: eriid
27

IIIIIIIIIIIIII IIII II 1111111111111111 B2798 F0]281ns1on-z0 00®
Brunswick County, C Register of Deeds page 2B of 31
Trustee: ® j
W.KEI B
BY:
W.Keith etts
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s)personally appeared before me this day each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purposes stated therein and in the capacity indicated Page A. Robertson as
Member/Manger of Ashton Place Developers,LLC.
Date: 5/9 7�d8 '&1Th i[,z n ,
721_/11 el, .L 4's TC Notary Public
0,1L
IIA ILI!!l�i��'
My Commission expires:/9,tcltl /g.24d
No
toryPubiic
STATE OF NORTIi3Lunty
COUNTY OF NEV- .NOVER 2�
i,��'/',�T� C
I certify that the follo' ig1 en(s)personally appeared before me this day each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purposes stated therein and in the capacity indicated Page A.Robertson as President of
Ashton Place at Brunswick HOA,Inc.
Date: I 'y
S a 7/� L rntl L 4's1( Notary Public
NO' /9Lut f l� 2667
Public My Commission expires: . I
STATE OF NORTH C$ROLit arcounty
COUNTY OF NEW HiTiNOVE2. e\
I certify that the f011o ` Eric rsonallyappearedbeforemethisdayeach
acknowledging to me that he or glidtvuttiAtaxily signed the foregoing document for the
purposes stated therein and in the capacity indicated Page A. Robertson as
Member/Manager of Brookside Homes,LLC.
Date: ,s'�X1)0 g " I (;C,y?ICc j L "
`vutluntoo., yrty&. L-i S')L Notary Public
4 � MyCommissionexpires:04A.I 1312069
t NDnov
oW
O OR/111111C1�a�\``\•

IIIIIt11111IIIIIIII1IIIIIIIIIII IIIIII B??98 P07?9inso��20�1
Brunswick Coun y, NC Register of Deeds page 29 of 31
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s)personally appeared before me this day,each
acknowledging to me that he or s - i tarily signed the foregoing document for the
purposestatedhereinandinth;0!. ';'1 ed:Li)Keo1"its,Sr.s arscert5{z3z ,,,-ice.
46
Date: 5 a b4 �fi OT#RA- 7 .�1., �.
*4 4 X. \e .� :�
'4 otary Pub is
j0!/BL�O y Commission Expires: 2'-15-O9
STATE OF NORTHCk
i•
COUNTY OF NEW CoUT
I certifythat the following person(s)personally appeared before me this day,each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated herein and in the capacity indicated:W.Keith Betts,Trustee.
Date: 5 1.�(
�`! gyp, w t 1-4,
�� Notary Public
437Ai9y `4 My Commission Expires: S-i`-Og
8 L •
00 Li 106,
Counc4'�
29

06-88-2®BB
Robert J. Robinsprie_ al
Brunswick County, NC Register of Deeds page 30
EXHIBIT B
1, BEING all of the real property shown on a plat entitled"Ashton Place,Section
i"prepared by Sherwin D.Cribb,N.C.Professional Land Surveyor No.L-1099 1099and
recorded in Map Book 46,Pages 39 and 4o of the Brunswick County Registry and
specifically including Lots i-to and Lots 6o-68, and the property identified as
"Common Area Park"and"Common Area Pond"all as depicted on said map.
2. BEING all of the real property shown on a plat entitled"Ashton Place,Section
2"prepared by Sherwin D.Cribb,N.C.Professional Land Surveyor No. L-1099
and recorded in Map Book 48,Pages 98 of the Brunswick County Registry and
specifically including Lots 40-46,and the property identified as"Common Area
Park"and"Common Area Pond"all as depicted on said map.
30

III II111111IIIIIII IIIIIIIIIIIIII Rebe
III r .1. Ro insonY0.0000
Brunswick County, NC Register of Deeds page 31 of 31
EXHIBIT C
STORM WATER MANAGEMENT REGULATIONS
IMPERVIOUS SURFACE COVERAGE
i. The following restrictions and covenants are intended to ensure ongoing
compliance with State Storm water Management Permit Number SW8 o4o 806,as issued
by the Division of Water Quality.
2. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the storm water management permit.
3.These covenants herein run with the land and are binding upon all persons and
parties claiming under them.
4. The covenants pertaining to storm water may not be altered or rescinded
without the express written consent of the State of North Carolina,Division of Water
Quality.
5.Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State of North Carolina,Division of Water Quality.
6.The Maximum Built Upon Area(BUA)per lot is 4,50o square feet.This allotted
amount includes anybuilt-upon area constructed within the lot propertyboundaries,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.
7. Lots withing CAMA's Area of Environmental Concern(AEC)maybe subject to
a reduction in their allowable built-upon area due to CAMA regulations.
8. All runoff on the lot must draft into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,grading the
lot to drain toward the street,or grading perimeter swales and directing them into the
pond or street. Lots that will naturally drain into the system are not required to provide
these measures.
9. Built-upon areas in excess of the permitted amount will require a permit
modification.
31

State Stormwater Management Systems
Permit No. SW8 040806
Ashton Place Subdivision Page i of 2
Stormwater Permit No. SW8 040806
Brunswick County
Designer's Certification
IV6'rresY, . , as a duly registered 11"t� SSipt10t 1 LY1 i hf t'.fin
the State of Ndrth Carolina, having been authorized to observe eriodical /week) /full
(P � y
time) the construction of the project,
AIM
li \-,Qodllon
(Project)
for wee, be yQ 14.p P\ 0-i LL.5 (Project Owner) hereby state that, to the
best of my abilities, due dare 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:
'VriA)0(
CARck
a• ' ., ess/.
Signature g r' '• ; L
Registration Number
g TAM
, _11
j �r
Date 4it
11 z o 1 'NC:g U st°
NOV 2 ,
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
runo drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. utlet/bypass structure elevations are per the approved plan.
The outlet structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
9 Vegetated slopes are no steeper than 3:1.
he inlets are located per the approved plans and do not cause short-
circ��Jting of the system.
1 The permitted amounts of surface area and/or volume have been
provided.
. Required drawdown devices are correctly sized per the approved plans.
13. 'All required design depths are provided.
. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
. 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

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
April 11, 2014
Sandy Wood
Ashton Place Developers, LLC
P.O. Box 2696
Wilmington, NC 28402
Subject: Notice of Inspection—Non Compliant
Ashton Place Subdivision
Permit No. SW8 040806
Brunswick County
Dear Mr. Wood:
On April 8, 2014, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Ashton Place Subdivision in Brunswick County to determine the status
of compliance with the State Stormwater Management Permit Number SW8 040806 issued on
February 3, 2005. DEMLR file review and site inspection revealed that the site is not compliant with the
terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
For Pond #1:
1. All erosion on banks needs to be repaired and re-seeded. Seed should be secured via tacked
down straw mulch or other equivalent method.
2. Clean sediment and debris from the base of the outlet structure and ensure that the orifice pipe
is clean.
3. There is an additional weir slot and an additional orifice pipe in the outlet structure that are not
shown on the plans. Please explain the reason for these features or remove/fill in as needed.
Please verify the inlet elevation and size of the orifice pipe for the 1" design storm. It appears
that the bottom elevation of the outlet structure may be lower than shown on the plans. A plan
revision may be needed.
For Pond#2:
1. Forebay berm needs to be re-built in one spot so that flow path doesn't short-circuit.
2. There is what appears to be a County flood pond in the common area across the street from
pond 2. Please verify with the County Engineering Dept. and inquire about maintenance
requirements.
Please inform this Office in writing before May 12, 2014, of the specific actions that will be undertaken
and the time frame that will be required to correct the deficiencies. Failure to provide the requested
information, or to respond to this letter by the due date, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this
office by May 12, 2014, then DEMLR staff will re-inspect the site and issue a Notice of Deficiency if the
listed deficiencies have not been addressed.
If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a
completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to
making the changes. Please include the name, mailing address and phone number of the person or
entity that is now responsible for this permit on the Name/Ownership Change form.
Division of Energy, Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
inem'cn 'nnn

Mr. Sandy Wood
April 11, 2014
If you have any questions, please contact me at the Wilmington Regional Office, telephone number
(910)-796-7215 or via email at [e-mail].
Sincerely,
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
` DS\sgp: G:1WQ\Shared\Stormwater\Permits&Projects120041 040806 HD12014 04 CEI_deficient 040806
cc: Georgette Scott,Wilmington Regional Office Stormwater Supervisor
Page A. Robertson, Ashton Place at Brunswick HOA, Inc.
WiRO Stormwater File
Paae 2 of 2

Compliance Inspection Report
Permit: SW8040806 Effective: 02/03/05 Expiration: 02/03/19 Owner: Cashwell Enterprises
Project: Ashton Place Subdivision
King Rd And Old Fayetteville Rd Area
County: Brunswick
Region: Wilmington Leland NC 28451
Contact Person: Steven Cashwell Title:
Phone: [phone]
Directions to Project:
From the intersection of US 17&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. 1/2 mile on left.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Sturgeon Creek)(03-06-17)(C;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 04/08/2014 Entry Time: 01:30 PM Exit Time: 02:30 PM
Phone:
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Other Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant ■ Not Compliant
Question Areas:
ig State Stormwater
(See attachment summary)
Page: 1

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 04/08/2014 Inspection Type: Transfer Renewal Reason for Visit: Other
Inspection Summary:
In order to bring this project into compliance,the following actions need to be taken:
For Pond 1:
1.All erosion on banks needs to be repaired and re-seeded. Seed should be secured via tacked down straw mulch or
other equivalent method.
2. Clean sediment and debris from the base of the outlet structure and ensure that the orifice pipe is clean.
3.There is an additional weir slot and an additional orifice pipe in the outlet structure that are not shown on the plans.
Please explain the reason for these features or remove/fill in as needed. Please verify the inlet elevation and size of the
orifice pipe for the 1"design storm. It appears that the bottom elevation of the outlet structure may be lower than shown
on the plans.A plan revision may be needed.
For Pond 2:
1. Forebay berm needs to be re-built in one spot so that flow path doesn't short-circuit.
2.There is what appears to be a County flood pond in the common area across the street from pond 2. Please verify with
the County Engineering Dept. and inquire about maintenance requirements.
Page: 2

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 04/08/2014 Inspection Type: Transfer Renewal Reason for Visit: Other
File Review Yes No NA NE
Is the permit active? ■ 0 0 n
Signed copy of the Engineer's certification is in the file? ■ n n n
Signed copy of the Operation&Maintenance Agreement is in the file? ■ n n n
Copy of the recorded deed restrictions is in the file? U 0 0 0
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ■ 0 n 0
Is the drainage area as per the permit and approved plans? ■ 0 0 0
Is the BUA(as permitted)graded such that the runoff drains to the system? ■ n n n
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • n n 0
Are the inlets located per the approved plans? ■ 0 0 0
Are the outlet structures located per the approved plans? ■ n ❑ n
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 • 0 0
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ n n n •
upon request?
Comment: For Pond 1:
1. Erosion on banks needs repair and re-seeding.
2. Sediment and debris needs to be removed from base of outlet structure and ensure
that orifice pipe is clean.
3. There is an additional weir slot and an additional orifice pipe in the outlet structure
that are not shown on the plans. Please explain the reason for these features or
remove/fill in as needed. Please verify the inlet elevation and size of the orifice pipe
for the 1" design storm. It appears that the bottom elevation of the outlet structure may
be lower than shown on the plans.
For Pond 2:
1. Forebay berm needs to be re-built in one spot, as this is causing short-circuit of flow
through the pond.
2. There is what appears to be a County flood pond in the common area across the
street from pond 2. Please verify with the County Engineering Dept.
Page: 3

•
Underground Connections Inc.
2013 Olde Regent Way
Suite150#200
Leland,NC 28451
DERCv OU D CO ECT ONS INC.
Phone:[phone]
Mobile:[phone]
May 5,2014
To:Ashton Place HOA
I have been informed that the willow trees that have grown on the slope and in the edges of the pond
at Ashton Place need to be pruned on an ongoing basis. That duty has been added to my
maintenance contract. My company will prune the trees twice annually or more often if necessary.
Regards,
Ruggles Pope

NORRIS & TUNSTALL
CONSULTING ENGINEERS P.C.
1127 Floral Parkway 1429 Ash-Little River Road
Suite 400 Ash,NC 28420
Wilmington,NC 28403 [phone]
[phone] [phone] Fax
[phone] Fax
John S.Tunstall,P.E. J.Phillip Norris,P.E.
April 29, 2014
Mr. Steve Pusey, Environmental Engineer
NC DENR
Division of Energy, Mineral and Land Resources
Surface Water Protection
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Ashton Place Subdivision
Permit No. SW8 040806
Response to Notice of Inspection report
NT Project No. 13092
Dear Mr. Pusey,
We are responding on behalf of Mr. Sandy Wood regarding your Notice of Inspection
Letter dated April 11, 2014 for the subject project.
The specific actions to be undertaken and the timeframe to accomplish them are as
follows:
For Pond #1:
1. The erosion areas will be repaired and reseeded within 2 weeks.
2. The sediment and debris at the base of the outlet structure will be removed to
allow the orifice to function as designed. This will be done within 2 weeks.
3. Our review of our final plans and field measurements reveal that the orifices are
located properly. Also both the weir and additional orifice are on the plans which
are attached. These were added on top of the state storage requirements to
meet Brunswick County water quantity discharge requirements.
For Pond #2:
1. The forebay berm will be repaired as directed within 2 weeks.
2. You are correct that the pond across the street from Pond #2 is a Brunswick
County Flood Pond. Brunswick's permit and maintenance requirements are in
place under permit number 2007000381.
NCBELS License C-3641

Mr. Steve Pusey/NCDENR
Aston Place Subdivision
NT 13092
April 29, 2014
Page 2
We hope these responses are sufficient for you. Mr. Wood will contact you when the
repairs and maintenance has been completed so a re-inspection can occur.
Sincerely,
NORRIS & TUNSTALL
AikONSULTT ENGINES S, P.C.
iN/neh
Phillip Norris, P .
13092 s-sw not response-Itr
cc: Sandy Wood /Ashton Place Developers, LLC
Georgette Scott/ NCDENR

State Stormwater Management Systems
Permit No. SW8 040806
Ashton Place Subdivision Page 1 of 2
Stormwater Permit No. SW8 040806
Brunswick County
Designees Certification
1, John Phillip Norris ,as a duly registered Professional Engineer in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time)the construction of the project,
Ashton Place Subdivision
(Project)
for J. Steven Cashwell/WRB Development, LLC(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:
I,
Signatu
SEAL
= r� �- /
Regis+ation Nu ber 1966 eU �tosot��
Date /3 if
NovA
sEAL t
% 118e6
% &LIP Q$
as+rac�rnvQeo�
Page 8 of 9

State Stormwater Management Systems
Permit No.SWB 040806
Certification Requirements: Page 2 of 2
411
ciao!'" 1. The drainage area to the system contains approximately the permitted
acreage.
I�f. The drainage area to the system contains no more than the permitted
i amount of built-upon area.
�,%_ . All the built-upon area associated with the project is graded such that the
runoff drains to the system.
w!*_ 4 All roof drains are located such that the runoff is directed into the system.
r//* 5. The outlet/bypass structure elevations are per the approved plan.
r�r'�
I.*• 6. The outlet structure is located per the approved plans.
Ni Trash rack is provided on the outlet/bypass structure.
*AP 8. All slopes are grassed with permanent vegetation.
a* • Vegetated slopes are no steeper than 3:1.
r 10. The inlets are located per the approved plans and do not cause short
0%. circuiting of the system.
^le 11. The permitted amounts of surface area and/or volume have been
provided.
F4:1 , 12. Required drawdown devices are correctly sized per the approved plans.
"PP 13. All required design depths are provided.
IrVie,/14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
op 5. The required dimensions of the system are provided, per the approved
or
plan.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
Page 9 of 9

5/9/2014 Ashton Place Subdivision-Sandy Wood
Ashton Place Subdivision
Pusey, Steven <[e-mail]>
Fri 5/9/2014 11:01 AM
To:Sandy Wood <[e-mail]>;
Sandy,
I confirmed that the permit is now in compliance. A revised plan will be submitted with the inspection report
referencing the changes to the outlet structures of both ponds.
As discussed,you may now complete the Name/Ownership Change Form and submit with all required
documentation for processing the transfer.
Regards,
Steve
Steven 9. )usej
Environmental Engineer
NCDENR- Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Ph [phone]/Fax[phone]
httlD://oortal.ncdenr.org/web/Ir/stormwater
Before printing this email, please consider your budget and the environment.
E-mail correspondence to and from this address maybe subjectto the North Carolina Public Records Law and maybe disclosed
to third parties.
https://outlookr ice365.comrowaMewmodel=ReadMessageltem&ItemID=AAMIsADZkNmNINmU1LTExNjItNGlwYylhZmU3LTc1OTRkNGJhZT130QBGAAAA... 1/1

AIM
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
May 8, 2014
Sandy Wood
Ashton Place Developers, LLC
do: Hearthside Developers, Inc.
P.O. Box 15156
Wilmington, NC 28408
E-mail: [e-mail]
Subject: Follow-up Notice of Inspection & Plan Revision
Ashton Place Subdivision
Permit No.SW8 040806
Brunswick County
Dear Mr. Wood:
As a followup to our previous inspection of April 8, 2014, staff from the Wilmington Regional Office of the Division
of Energy, Mineral and Land Resources (DEMLR) inspected Ashton Place Subdivision on May 7, 2014 to
determine the status of compliance with the State Stormwater Management Permit Number SW8 040806.
DEMLR file review and site inspection revealed that the site is compliant with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report"attached to this letter,
which summarizes the findings of the recent inspection.
Outlet structure details did not match previous plans. However, as-built plans have been submitted showing the
correct details for the outlet structures of both ponds#1 and#2. The only changes to the ponds were the addition
of one weir slot and one orifice pipe in the outlet structure to meet County requirements for larger storms. Also,
the emergency overflow elevations were changed. For your reference, please see the revised plan sheet D4,
which shows the modified outlet structure and emergency overflow. Please replace the previously approved plan
sheet with this one.
Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater
Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General
Statute 143-214.7, including operation and maintenance of your permitted stormwater system. Violations of your
Stormwater Management Permit may be subject to the assessment of civil penalties of up to$25,000 per day per
violation.
If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed
and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes.
Please include the name, mailing address and phone number of the person or entity that is now responsible for
this permit on the Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number(910)-796-
7215 or via email at [e-mail].
Sincerely,
. 1 e
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
klz .GDS1sgp: G:IWQ\Shared1Stormwater\Permits&Projects120041 040806 HD\2014 05 CEI_compliant 040806
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Page A. Robertson, Ashton Place at Brunswick HOA, Inc.
Phil Norris, Norris&Tunstall Consulting Engineers
WiRO Stormwater File
Division of Energy,Mineral,and Land Resources
Land Quality Section-Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington, North Carolina 28405•[phone]/Fax:[phone]

Compliance Inspection Report
Permit: SW8040806 Effective: 02/03/05 Expiration: 02/03/19 Owner: Cashwell Enterprises
Project: Ashton Place Subdivision
County: Bninswink King Rd And Old Fayetteville Rd Area
Region: Wilmington
Leland NC 28451
Contact Person: Steven Cashwell Title: Phone: [phone]
Directions to Project:
From the intersection of US 17&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. 1/2 mile on left.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Sturgeon Creek)(03-06-17)(C;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 05/07/2014 Entry Time: 12:30 PM Exit Time: 01:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant 0 Not Compliant
Question Areas:
III State Stormwator
(See attachment summary)
Page: 1

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 05/07/2014 Inspection Type: Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
This project meets the minimum requirements for compliance with the permit. For your reference, please see the revised
plan sheet D4, which shows the modified outlet structure and emergency overflow.
File Review Yes No NA NE
Is the permit active? MOOD
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
.Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment: Outlet structure details did not match previous plans. However, as-built
plans have been submitted showing the correct details for the outlet structures of both
ponds#1 and #2. The only changes to the pond were the addition of one weir slot and
one orifice pipe in the outlet structure to meet County requirements for larger storms.
Also, the emergency overflow elevation was changed.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? MODO
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: Maintenance has been accomplished.
Page: 2

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;off WA.rz;.?Q Michael F. Easley,Governor
O. G. William G. Ross,Jr.,Secretary
INorth Carolina Department of Environment and Natural Resources
•Q 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. SW$ 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 forwardingPermit No. SW8 040806,
dated February 3, 2005,for the construction of the project,Ashton ace 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(910)395-3900.
Sincerely,
<-120,0a_ea4a-al_.
Beck
Acting Regional Supervisor
Surface Water Protection Section
ENB/arl: S:1WQSlSTORMWATIPERMIT1040806.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 Qua1ity 127 Cardinal Ddve Extension Phone[phone] Customer SeMce1.877-823.8748
Wifrnington Regional Office Wilmington.NC 28405.3845 FAX [phone] Internet h2o enr.state nc.us „{3ne CSio .
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State S' nwater Management Systems
Permit No. SW8 040806
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAND 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 S' water Management Systems
Pe
rmit No. SW8 040806
.6. The following design elements have been permitted for the wet detention ponds
and must be provided in the system at all times.
{ POND 1 POND 2
a. Drainage Area, acres: 17.98 4.49
Onsite,ft2: 783,026 195,492
Offsite, ft2: 0 0
b. Total impervious Surfaces,ft2: 469,816 97,746
Lots at 4,500 ft2: 373,500 76,500
Roads/Parking, ft2: 77,842 15,044
Other,ft• 18,747 6,202
Offsite, ftt 0 0
c. Pond Depth, feet: 7.0 5.0
d. TSS removal efficiency: 90% 90%
e. Design Storm: 1" 1"
f. Permanent Pool Elevation, FMSL: 30.0 36.50
g. Permitted Surface Area ©PP,ff2: 27,822 7,2$9
h. Permitted Storage Volume, ft3: 44,626 12,004
i. Storage Elevation, FMSL: 31.5 38.0
j. Controlling Orifice: 2.5"f pipe 1.5" 0 pipe
k. Permanent Pool Volume, ft3: 131,169 19,683
I. Forebay Volume,ft3: 28,857 4,535
m. Maximum Fountain Horsepower: 1/2 118
n. Receiving Stream/ River Basin: UT Sturgeon Creek/Cape Fear
o. Stream Index Number: CPF17 18-77-1
p. Classification of Water Body: "C Sw"
IL SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built-upon area for
. the entire lot, including driveways and sidewalks, does not exceed the allowable
built-upon area. Once the lot transfer is complete,the built-upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built-upon area limit is transferred to the individual property owner.
Page 3 of 9

State S' iiwater Management Systems
Permit No. SW8 040806
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built-upon area.Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Ariy revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee,for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling In, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice,the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements.The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
7. The stormwater management system shall be constructed in its entirety,•
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been Installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. if the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 4of9

State S' nwater Management Systems
Permit No. SW8 040806
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 040806, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
c. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built-upon area per lot is 4,500 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 fine
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.
f g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable builtupon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
males and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built-upon area in excess of the permitted maximum amount will require a
permit modification, and may or may not be approved.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above,the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
14. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered In the pond,away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/2 HP.
Page 6 of 9

1 State S' meter Management Systems
Permit No. SW8 040806
•
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions.Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
a Maintenance of side slopes In accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date, .
activity, name of person performing the work and what actions were taken.
18. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
19. Built upon area includes, but is not limited to, structures,asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
1. This permit Is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form"must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may Include, but Is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ.The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The Issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal)which have jurisdiction.
Page 6 of 0

State S` water Management Systems
Permit No. SW8 040806
5. In the event that the facilities fail to perform satisfactorily, Including the creation of
nuisance conditions,the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modifications revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 3rd day of February 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
4, Alan . limek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 040806
Page7of9

' ' State S' meter Management Systems
Permit No. SW8 040806
Ashton Place Subdivision Page 1 of 2
Stormwater Permit No. SW8 040806
Brunswick County
Designer's Certification
l , as a duty registered in
the State of North Carolina, having been authorized to observe (periodicaflylweeklylfull
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:
Signature
Registration Number
Date
Pam 8of0

State S' nwater 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.
I 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
Pogo 9 of 9

NORRIS, KUSKE & TUNSTALL J. Phillip Norris, P.E.
John S. Tunstall, P.E. John A. Kuske, Ill, P.E.
James T. Pyrtle, P.E J. A. Kuske, P.E.
CONSULTING ENGINEERS, INC.
902 Market Street • Wilmington, NC 28401 • Phone [phone] • Fax [phone]
office©nkteng.com
DATE: June 3, 2009
TO: Mr. Page Robertson
Ashton Place Developers, LLC
SUBJECT: INSTRUCTIONS FOR FILING PERMIT APPLICATION(S)
PERMIT(S): State Stormwater Permit Name/Ownership Change Form
PROJECT: Ashton Place Subdivision
NKT#: 07002
THE BOXES CHECKED BELOW APPLY TO THE ATTACHED APPLICATION(S):
____X _Original(s) to be ►lsigned; ®dated; ❑initialed; Dsealed with corporate seal, as indicated.
X Signature(s) to be ®notarized; ❑witnessed; Eattested, as indicated.
0 Return completed original(s) to Norris, Kuske & Tunstall on or before ASAP
❑ Include Permit/Application Fees listed below:
$ payable to
/1 Special Instructions: Please sign, have notarized as indicated, and return to our
Brunswick Office at 1429 Ash-Little River Road, Ash, NC 28420. Also please provide
legal documentation of the transfer of ownership (copy of sale documents, etc.)
("::.„14' i - .- )A44""//XtfL''
Philli N .
p rls, P. E.
1414JPN/neh
07002 06-03-09-pt
1
I

ecicvA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
1. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8 040806
2. Permit Holder's Name: WRB Development, LLC
3. Signing official's Name: J. Steven Cashwell Title: Member/Manager
(person legally responsible for permit)
4. Mailing Address: 108 N. Kerr Avenue, Unit D4
City: Wilmington State: NC Zip: 28405
Phone: [phone] Fax: (91l 392-4716
II. NEW OWNER/ PROJECT/ ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
X a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
X c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: Ashton Place Developers, LLC
3. New owner's signing official's name and title: Mr. Page Robertson
Title: Member/Manager
4. New Mailing Address: P.O. Box 2696
City: Wilmington State: NC Zip: 28402
Phone: [phone] Fax: [phone]
5. New Project Name to be placed on permit:
Ownership/Name Change-022309 Page 1 of 3

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
1, J. Steven Cashwell , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: Date:
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, Page Robertson , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be 5
returned as incomplete.
Signature: Date:
Mail the entire package to: NCDENR Division of Water Quality
Surface Water Protection Section—Stormwater
at the Appropriate Contact Address (see the following page)
Ownership/Name Change-022309 Page 2 of 3

• xT.22..?0.03 s:.2 M .HCDENR NIRO NO.507 P.2 —
PERMIT NAME/OWNERCH.. E FORM
THIS APPLICATION PACT AGE 'ILL NOT BE ACCEPTED BY Ile DIVISION O
WATER QUALITY UNLESS ALL OF THE APPLICABLE IDS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL,REQU]RED ITEM:
I -
i 1. This completed form,
2. Legal documentation of the transfer of ownership.
3.' A copy of the recorded deed restrictions,ifrequired by the permit.
4. The engineer's certification,if required by the pcmii
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records,
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
T
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF
OWNERSHIP.
FOIL NAME CHANGES, Cf3MPLETE AND SIGN ONLY THE CURRENT
PERMITTEE'S CERTIFICATION,
Current Pernaii*ee's Certification:
vt-% g1 '
attest that this applies for a name/ownership
change been reviewed and is aceirate and complete to the beet of my knowledge.
understand.that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this
returned as incomplete. application package will be
Date: _
New Applicant's Certification: —''
(Must be completed for all#ransfer$of ownership)
has ecn reviewed sAd is a�ccttrate and complete attest�$ this application for an ownership change
all required of thisare best of my lmowl .I understand that if
inform lefty and attachmentsp� not included, tnot his application andthat
package required supportining
mP be returned as
Signature;
Date:
THE COMPLETED APPLICATION PACKAGE, 1NCLUDIIVG ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
North Carolina Depeonent of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington,NC 28405
ATTN:Linda Lewis
Page 2 of 2

Permit Number: . 0 g 04.0m
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BM '. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public,and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system(check one):
❑ does ❑ does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does El does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
- Immediately after the wet detention basin is established,the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed,until the plants become established(commonly six weeks).
- No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
- Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
- If the basin must be drained for an emergency or to perform maintenance,the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
- Once a year,a dam safety expert should inspect the embankment.
After the wet detention pond is established,it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches(or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to
detention basin . erosive gullies have formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 1 of 4

Permit Number: S1&8 0 AtId$Ll('
(to be provided by DWQ)
Drainage Area Number: j
BMP element: Potential problem: How I will remediate the problem:
The inlet device: pipe or The pipe is dogged. Unclog the pipe. Dispose of the
swale sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to
swale. smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design depth for possible. Remove the sediment and
sediment storage. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present Remove the weeds,preferably by
hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional
show that pruning is needed practices
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present Remove the weeds,preferably by
hand. If pesticide is used,wipe it on
the plants rather than spraying.
The main treatment area Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design sediment possible. Remove the sediment and
storage depth. - dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over Consult a professional to remove
50% of the area. and control the algal growth.
Cattails,phragmites or other Remove the plants by wiping them
invasive plants cover 50% of with pesticide(do not.spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4

Permit Number: SW g x/OgOeo
(to be provided by DWQ)
Drainage Area Number: f
BMP element Potential problem: How I will remediate the problem:
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment.
Evidence of muskrat or Use traps to remove muskrats and
beaver activity is present. consult a professional to remove
beavers.
A tree has started to grow on Consult a dam safety specialist to
the embankment. remove the tree.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device Clogging has occurred. Clean out the outlet device. Dispose
of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Division of
damage have occurred at the Water Quality Regional Office,or
outlet. the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 5.25 feet in the main pond,the
sediment shall be removed.
When the permanent pool depth reads 5.25 feet in the forebay,the sediment
shall be removed.
BASIN DIAGRAM
(fill in the blanks)
0 Permanent Pool Elevation 30.00
•
Sediment Removal .24.75 Pe anen Pool
Volume Sediment Removal Elevation 24.75 Volume
Bottom Elevatio 23.00 E Min.
Sediment Bottom Elevation 23.00 1-ft
Storage Sediment
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4

Permit Number: %,tJ g O'IQ n Co
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the 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.
Project name:Ashton Place Subdivision
BMP drainage area number:l
Print name:Page Robertson
Title:Member/Manager/Ashton Place Developers, LLC
Address:P.O. Box 2696, Wilmington,NC 28402
Phone:[phone] .
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
I, a Notary Public for the State of •
, County of , do hereby certify that
personally appeared before me this
day of , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
SEAL
My commission expires
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4

Permit Number: ad 8' f1140&)(o
(to be provided by DWQ)
Drainage Area Number: c.
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public,and the removal efficiency of the BMP.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
❑ does ❑ does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established,the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed,until the plants become established(commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance,the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year,a dam safety expert should inspect the embankment.
After the wet detention pond is established,it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problem: How I will remediate the problem:
The entire BMP Trash/debris is present Remove the trash/debris.
The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to
detention basin erosive gullies have formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too Maintain vegetation at a height of
long. approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4 Page i of 4

Permit Number: t�wg DG g4(p
(to be provided by DWQ)
Drainage Area Number: �.
BMP element Potential problem: How I will remediate the problem:
The inlet device: pipe or The pipe is clogged. Unclog the pipe. Dispose of the
swale sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged.
Erosion is occurring in the Regrade the swale if necessary to
swale. smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design depth for possible. Remove the sediment and
sediment storage. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand. If pesticide is used,wipe it on
the plants rather than spraying.
The vegetated shelf Best professional practices Prune according to best professional
show that pruning is needed practices
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present. Remove the weeds,preferably by
hand. If pesticide is used,wipe it on
the plants rather than spraying.
The main treatment area Sediment has accumulated to Search for the source of the
a depth greater than the sediment and remedy the problem if
original design sediment possible. Remove the sediment and
storage depth. dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over Consult a professional to remove
50% of the area. and control the algal growth.
Cattails,phragmites or other Remove the plants by wiping them
invasive plants cover 50% of with pesticide(do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4

Permit Number: V"Lt, O o 54)solo
(to be provided by DWQ)
Drainage Area Number:
BMP element Potential problem: How I will remediate the problem:
The embankment Shrubs have started to grow Remove shrubs immediately.
on the embankment
Evidence of muskrat or Use traps to remove muskrats and
beaver activity is present consult a professional to remove
beavers.
A tree has started to grow on Consult a dam safety specialist to
the embankment remove the tree.
An annual inspection by an Make all needed repairs.
appropriate professional
shows that the embankment
needs repair.(if applicable) _
The outlet device Clogging has occurred. Clean out the outlet device. Dispose
of the sediment off-site.
The outlet device is damaged Repair or replace the outlet device.
The receiving water Erosion or other signs of Contact the local NC Division of
damage have occurred at the Water Quality Regional Office,or
outlet the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 3.75 feet in the main pond,the
sediment shall be removed.
When the permanent pool depth reads 3.75 feet in the forebay,the sediment
shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 36.50
Sediment Removal .32.75 I Pe anen Pool
Volume Sediment Removal Elevation 32.75 Volume
Bottom Elevatio 31.50 I -ft Min.
Sediment Bottom Elevation 31.50 2 1-ft
Storage Sediment
Storage
FOREBAY MAIN POND
Form SW401-Wet Detention Basin O&M-Rev.4 Page 3 of 4

Permit Number: Z.a) Q/0�D(n
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the 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.
Project name:Ashton Place Subdivision
BMP drainage area number:2
Print name:Page Robertson
Title:Member/Manager/Ashton Place Developers, LLC
Address:P.O.Box 2696, Wilmington,NC 28402
Phone:[phone]
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
•
•
I, ,a Notary Public for the State of
• •
, County of , do hereby certify that •
personally appeared before me this
day of _ , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
SEAL
My commission expires
Form SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4

MAINTENANCE RECORDS FOR THE ASHTON PLACE STORM WATER SYSTEM
BEGINNING SEPTEMBER 2012 (DATE SDW INC.ACQUIRED ASHTON PLACE
DEVELOPERS LLC
Sep-12
REVIEWED THE CONTRACT WITH GROUND MAINTENANCE FIRM AND VERIFIED
REQUIREMENT TO MAINTAIN THE POND SLOPES AND DEBRIS REMOVAL
INSPECTED FOREBAY ON BOTH PONDS. CLEANED OUT FOREBAY ON THE
OLD FAYETTEVILLE ROAD FRONTAGE POND
12-Oct
DRAINED THE FOREBAY ON THE KING STREET POND EXCAVATED TO
DESIGN DEPTH
12-Nov
ALL IN ORDER
12-Dec
ALL IN ORDER
13-Jan
ALL IN ORDER
13-Feb
DEBRIS ON OUTLET STRUCTURES. REPORTED TO GROUND MAINTENANCE
13-Mar
ALL IN ORDER
13-Apr
IRRIGATION SYSTEM TIMER WAS SHORTED OUT. PROBLEM REPORTED TO
GROUND MANTENANCE COMPANY
13-May
DEBRIS ON SLOPES. PROBLEM REPORTED TO GROUND MAINTENANCE
13-Jun
ALL IN ORDER
13-Jul
ALL IN ORDER
13-Aug
ALL IN ORDER
13-Sep
DRAINAGE AFTER LARGE RAIN EVENT SLOW ON THE OUTFALL DITCH AT
KING STREET. SHOTS TAKEN ON THE DITCH. FOUND PROBLEM TO BE
A HIGH SPOT BETWEEN KING STREET ENTRANCE AND LANVALE ROAD.
DOT NOTIFIED BY ENGINEERING FIRM.
ADDITIONAL PROBLEM WITH SLOW DRAINAGE IN THE COMMUNITY
FOUND TO BE CAUSED BY A 5 GALLON BUCKET IN THE STORM DRAIN
ROADSIDE CATCH BASIN.
13-Oct
ALL IN ORDER
13-Nov
ALL IN ORDER
13-Dec
ALL IN ORDER

14-Jan
VERIFIED THAT NEW HOA BOARD HAD RENEWED GROUND MAINTENANCE
CONTRACT WITH EXISTING FIRM (UNDERGROUND UTILITIES)
14-Feb
ALL IN ORDER
14-Mar
REQUESTED AN INSPECTION BY DWQ FOR PURPOSE OF ASSIGNING
THE PERMIT TO THE HOA.
14-Apr
SYSTEM INSPECTED BY DWQ(STEVE PUSEY) REPORT ATTACHED

AnfA,
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 8, 2014
Sandy Wood
Ashton Place Developers, LLC
c/o: Hearthside Developers, Inc.
P.O. Box 15156
Wilmington, NC 28408
E-mail: [e-mail]
Subject: Follow-up Notice of Inspection & Plan Revision
Ashton Place Subdivision
Permit No.SW8 040806
Brunswick County
Dear Mr. Wood:
As a followup to our previous inspection of April 8, 2014, staff from the Wilmington Regional Office of the Division
of Energy, Mineral and Land Resources (DEMLR) inspected Ashton Place Subdivision on May 7, 2014 to
determine the status of compliance with the State Stormwater Management Permit Number SW8 040806.
DEMLR file review and site inspection revealed that the site is compliant with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter,
which summarizes the findings of the recent inspection.
Outlet structure details did not match previous plans. However, as-built plans have been submitted showing the
correct details for the outlet structures of both ponds#1 and#2. The only changes to the ponds were the addition
of one weir slot and one orifice pipe in the outlet structure to meet County requirements for larger storms. Also,
the emergency overflow elevations were changed. For your reference, please see the revised plan sheet D4,
which shows the modified outlet structure and emergency overflow. Please replace the previously approved plan
sheet with this one.
Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater
Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General
Statute 143-214.7, including operation and maintenance of your permitted stormwater system. Violations of your
Stormwater Management Permit may be subject to the assessment of civil penalties of up to$25,000 per day per
violation.
If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed
and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes.
Please include the name, mailing address and phone number of the person or entity that is now responsible for
this permit on the Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number(910)-796-
7215 or via email at [e-mail].
Sincerely,
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
pGDS1sgp. Q:IWQ\Shared\Stomiwater\Permits&Projects120041040806 HD12014 05 CEI_compliant 040806
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Page A. Robertson, Ashton Place at Brunswick HOA, Inc.
Phil Norris, Norris &Tunstall Consulting Engineers
WiRO Stormwater File
Division of Energy,Mineral,and Land Resources
Land Quality Section-Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington, North Carolina 28405.[phone]/Fax:[phone]

Compliance Inspection Report
Permit: SW8040806 Effective: 02/03/05 Expiration: 02/03/19 Owner: Cashwell Enterprises
Project: Ashton Place Subdivision
County: Brunswick King Rd And Old Fayetteville Rd Area
Region: Wilmington
Leland NC 28451
Contact Person: Steven Cashwell Title: Phone: [phone]
Directions to Project:
From the intersection of US 17&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. 1/2 mile on left.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Sturgeon Creek)(03-06-17)(C;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 05/07/2014 Entry Time: 12:30 PM Exit Time: 01:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: • Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 05/07/2014 Inspection Type: Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
This project meets the minimum requirements for compliance with the permit. For your reference, please see the revised
plan sheet D4,which shows the modified outlet structure and emergency overflow.
File Review Yes No NA NE
Is the permit active? ■ n ❑
0
Signed copy of the Engineer's certification is in the file? • 0 0
Signed copy of the Operation&Maintenance Agreement is in the file? 17] n Q n
Copy of the recorded deed restrictions is in the file? NA 0 0
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? U 0 0 n
.Are the inlets located per the approved plans? U n 0 0
Are the outlet structures located per the approved plans? U n 0 n
Comment: Outlet structure details did not match previous plans. However, as-built
plans have been submitted showing the correct details for the outlet structures of both
ponds#1 and #2. The only changes to the pond were the addition of one weir slot and
one orifice pipe in the outlet structure to meet County requirements for larger storms.
Also, the emergency overflow elevation was changed.
Operation and.Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ n n n
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 0 0 ■
upon request?
Comment: Maintenance has been accomplished.
Page: 2

NORRIS & TUNSTALL
CONSULTING ENGINEERS P.C.
1127 Floral Parkway 1429 Ash-Little River Road
Suite 400 Ash,NC 28420
Wilmington,NC 28403 [phone]
[phone] [phone] Fax
[phone] Fax
John S.Tunstall,P.E. J.Phillip Norris,P.E.
April 29, 2014
Mr. Steve Pusey, Environmental Engineer
NC DENR
Division of Energy, Mineral and Land Resources
Surface Water Protection
127 Cardinal Drive Extension
Wilmington, NC 28405-3845RE
Re: Ashton Place Subdivision MAY 0 1 2014
Permit No. SW8 040806 BY:
Response to Notice of Inspection report
NT Project No. 13092
Dear Mr. Pusey,
We are responding on behalf of Mr. Sandy Wood regarding your Notice of Inspection
Letter dated April 11, 2014 for the subject project.
The specific actions to be undertaken and the timeframe to accomplish them are as
follows:
For Pond #1:
Al. The erosion areas will be repaired and reseeded within 2 weeks.
„g. The sediment and debris at the base of the outlet structure will be removed to
allow the orifice to function as designed. This will be done within 2 weeks.
3. Our review of our final plans and field measurements reveal that the orifices are
located properly. Also both the weir and additional orifice are on the plans which
are attached. These were added on top of the state storage requirements to
meet Brunswick County water quantity discharge requirements.
For Pond #2:
1. The forebay berm will be repaired as directed within 2 weeks.
2. You are correct that the pond across the street from Pond #2 is a Brunswick
County Flood Pond. Brunswick's permit and maintenance requirements are in
place under permit number 2007000381.
NCBELS License G3641

Mr. Steve Pusey/NCDENR
Aston Place Subdivision
NT 13092
April 29, 2014
Page 2
We hope these responses are sufficient for you. Mr. Wood will contact you when the
repairs and maintenance has been completed so a re-inspection can occur.
Sincerely,
NORRIS & TUNSTALL
ONSULT ENGINES S, P.C.
01.11
Phillip Norris, P .
•N/neh
13092 s-sw not response-ltr
cc: Sandy Wood /Ashton Place Developers, LLC
Georgette Scott/ NCDENR

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AriA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
April 11, 2014
Sandy Wood
Ashton Place Developers, LLC
P.O. Box 2696
Wilmington, NC 28402
Subject: Notice of Inspection —Non Compliant
Ashton Place Subdivision
Permit No. SW8 040806
Brunswick County
4
Dear Mr. Wood:
On April 8, 2014, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Ashton Place Subdivision in Brunswick County to determine the status
of compliance with the State Stormwater Management Permit Number SW8 040806 issued on
February 3, 2005. DEMLR file review and site inspection revealed that the site is not compliant with the
terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
For Pond #1:
1. All erosion on banks needs to be repaired and re-seeded. Seed should be secured via tacked
down straw mulch or other equivalent method.
2. Clean sediment and debris from the base of the outlet structure and ensure that the orifice pipe
is clean.
3. There is an additional weir slot and an additional orifice pipe in the outlet structure that are not
shown on the plans. Please explain the reason for these features or remove/fill in as needed.
Please verify the inlet elevation and size of the orifice pipe for the 1"design storm. It appears
that the bottom elevation of the outlet structure may be lower than shown on the plans. A plan
revision may be needed.
For Pond #2:
1. Forebay berm needs to be re-built in one spot so that flow path doesn't short-circuit.
2. There is what appears to be a County flood pond in the common area across the street from
pond 2. Please verify with the County Engineering Dept. and inquire about maintenance
requirements.
Please inform this Office in writing before May 12, 2014, of the specific actions that will be undertaken
and the time frame that will be required to correct the deficiencies. Failure to provide the requested
information, or to respond to this letter by the due date, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this
office by May 12, 2014, then DEMLR staff will re-inspect the site and issue a Notice of Deficiency if the
listed deficiencies have not been addressed.
If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a
completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to
making the changes. Please include the name, mailing address and phone number of the person or
entity that is now responsible for this permit on the Name/Ownership Change form.
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405•[phone]/Fax:[phone]

Mr. Sandy Wood
April 11, 2014
If you have any questions, please contact me at the Wilmington Regional Office, telephone number
(910)-796-7215 or via email at [e-mail].
Sincerely,
112.
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
DS1sgp: G:IWQ\Shared\Stormwater\Permits&Projects120041040806 HD12014 04 CEI_deficient 040806
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Page A. Robertson, Ashton Place at Brunswick HOA, Inc.
WiRO Stormwater File
Page 2 of 2

Compliance Inspection Report
Permit: SW8040806 Effective: 02/03/05 Expiration: 02/03/19 Owner: Cashwell Enterprises
Project: Ashton Place Subdivision
County: Brunswick King Rd And Old Fayetteville Rd Area
Region: Wilmington
Leland NC 28451
Contact Person: Steven Cashwell Title: Phone: [phone]
Directions to Project:
From the intersection of US 17&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. 1/2 mile on left.
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Sturgeon Creek)(03-06-17)(C;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 04/08/2014 Entry Time: 01:30 PM Exit Time: 02:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Other Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: 0 Compliant •Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 04/08/2014 Inspection Type: Transfer Renewal Reason for Visit: Other
Inspection Summary:
In order to bring this project into compliance,the following actions need to be taken:
For Pond 1:
1.All erosion on banks needs to be repaired and re-seeded. Seed should be secured via tacked down straw mulch or
other equivalent method.
2. Clean sediment and debris from the base of the outlet structure and ensure that the orifice pipe is clean.
3.There is an additional weir slot and an additional orifice pipe in the outlet structure that are not shown on the plans.
Please explain the reason for these features or remove/fill in as needed. Please verify the inlet elevation and size of the
orifice pipe for the 1"design storm. It appears that the bottom elevation of the outlet structure may be lower than shown
on the plans.A plan revision may be needed.
For Pond 2:
1. Forebay berm needs to be re-built in one spot so that flow path doesn't short-circuit.
2. There is what appears to be a County flood pond in the common area across the street from pond 2. Please verify with
the County Engineering Dept. and inquire about maintenance requirements.
Page: 2

Permit: SW8040806 Owner-Project: Cashwell Enterprises
Inspection Date: 04/08/2014 Inspection Type: Transfer Renewal Reason for Visit: Other
File Review Yes No NA NE
Is the permit active? U ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? U ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? U ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? I ❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? I 0 ❑ ❑
Is the drainage area as per the permit and approved plans? re ❑ ❑ 0
Is the BUA(as permitted)graded such that the runoff drains to the system? ■ ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? U ❑ ❑ ❑
Are the inlets located per the approved plans? . 000
Are the outlet structures located per the approved plans? • 0 0 0
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 ■ 0 0
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 000111
upon request?
Comment: For Pond 1:
1. Erosion on banks needs repair and re-seeding.
2. Sediment and debris needs to be removed from base of outlet structure and ensure
that orifice pipe is clean.
3. There is an additional weir slot and an additional orifice pipe in the outlet structure
that are not shown on the plans. Please explain the reason for these features or
remove/fill in as needed. Please verify the inlet elevation and size of the orifice pipe
for the 1" design storm. It appears that the bottom elevation of the outlet structure may
be lower than shown on the plans.
For Pond 2:
1. Forebay berm needs to be re-built in one spot, as this is causing short-circuit of flow
through the pond.
2. There is what appears to be a County flood pond in the common area across the
street from pond 2. Please verify with the County Engineering Dept.
Page: 3

Pusey, Steven
From: Sandy Wood<sandy©trusstbuildergroup.com>
Sent: Tuesday,April 22, 2014 10:22 AM
To: Pusey, Steven
Subject: RE:Ashton Place
Steve:
Thanks. The address you used was for Ashton Place Developers' previous owners. Most likely the package will
be returned. Please substitute with the following address.
Ashton Pace Developers, !!C
C/O Hearthside Developers Inc.
P. O. Box 15156
Wilmington, N C 28408
Sandy
From:Pusey,Steven<steven.pusev ncdenr.gov>
Sent:Monday,April 21,2014 9:30 AM
To:Sandy Wood
Subject: RE:Ashton Place
Sandy,
The inspection report was mailed out last week. Please reference the attached copy.
To confirm your listed items,see below:
• Cleaning is needed around outlet structures of both ponds
• Slopes should be stabilized where eroding on rear pond(pond 1)
• Willow trees should be pruned on pond 1
• Portion of forebay berm on front pond(pond 2) needs to be re-built.
Regards,
Steve Pusey
From: Sandy Wood [mailto:sandy0trusstbuildergrouo.com]
Sent: Friday,April 18, 2014 3:47 PM
To: Pusey, Steven
Subject: Ashton Place
Steve:
Please use this email address for the report on needs at the Ashton Place storm water system. Here are the
items I listed on our walkabout.
-clean around and in the outlet structures on both the front and the rear property ponds
-stablize the slope on the rear pond at the inlet side of the pond. 0 intend to place mats and seed the area)
-remove the willow trees or prune them. This was an item you were to advise me on. If the decision is the
prune them I am to add it to the maintenance contract for the landscape firm.
i

Pusey, Steven
From: Sandy Wood<sandy©trusstbuildergroup.com>
Sent: Friday,April 18,2014 3:47 PM
To: Pusey, Steven
Subiect: Ashton Place
Steve:
Please use this email address for the report on needs at the Ashton Place storm water system. Here are the
items I listed on our walkabout.
-clean around and in the outlet structures on both the front and the rear property ponds
-stablize the slope on the rear pond at the inlet side of the pond. (I intend to place mats and seed the area)
-remove the willow trees or prune them. This was an item you were to advise me on. If the decision is the
prune them I am to add it to the maintenance contract for the landscape firm.
-Rebuild the portion of the forebay berm on the front pond.
I will start work on the above items excepting the tree removal or pruning.
Thanks
Sandy Wood
This email has been scanned for email related threats and delivered safely by Mimecast.
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1

4/11/2014 North Carding Secretaryci State
{• North Carolina
ifs
" ` Elaine F. Marshall DEPARTMENT OF THE
," Secretary SECRETARY OF STATE
: :a PO Box 29622 Raleigh,NC 27626-0622 (919)607-200o
Account Login Register
Date: 4/11/2014
Click here to:
View Document Filings I File an Annual Report
J Print a Pre-populated Annual Report Fillable PDF Form ! Amend A Previous Annual Report
Corporation Names
Name Name Type
NC ASHTON PLACE DEVELOPERS, LLC LEGAL
Limited Liability Company Information
SOSID: 0870089
Status: Current-Active
Effective Date! 10/3/2006
Citizenship: DOMESTIC
State of Inc.: NC
Duration: PERPETUAL
Annual Report Status: CURRENT
Agent
Agent Name: WOOD, SANDY D
Office Address: 1088 LEESBURG DRIVE
WILMINGTON NC 28451
Mailing Address: PO BOX 15156
WILMINGTON NC 28408
Principal Office
Office Address: 1088 LEESBURG DRIVE
WILMINGTON NC 28451
Mailing Address P.O. BOX 2696
WILMINGTON NC 28402
Officers/Company Officials
Title: MANAGER
Name: SANDY WOOD
Business Address: PO BOX 15156
WILMINGTON NC 28402
TI4Cw• 111Cmi12C®

4/11/2014 North Carolina Secretaryd State
u.uo. mrinocn
Name: SDW INC
Business Address: PO BOX 15156
WILMINGTON NC 28402
Title: MEMBER
Name: WOOD FAMILY PROPERTIES, LLC
Business Address: 1088 LEESBURG DRIVE
IWILMINGTON NC 28451
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB)system. Version:
2752

i r • CA201309800406
SOSID:0870089
Date Filed:4/8/2013 2:25:00 PM
' ;'' - LIMITED LIABILITY COMPANY ANNUAL RI Elaine F.Marshall
• (. tNorth Carolina Secretary of State
NAME OF LIMITED UABILI Y COMPANY: Ashton Place Developers,LLC CA2013 098 00406
SECRETARY OF STATE ID NUMBER:0870089 STATE OF FORMATION: NC Rog°"s°Ilse Only'
REPORT FOR THE YEAR: 2013
SEChroN a
►.( Changes
:1.NAME OF REGISTERED AGENT: SANDY D WOOD
' ~ 2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
.•; :S.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
_._,1088 Leesburg Drive PO Box 15156
Wilmingion,NC 28451 New Hanover Wilmington,NC 28408
w•
SECTION 8:1111ICIEALDERICH INE e
1.DESCRIPTION OF NATURE OF BUSINESS: Development
' 2.PRI1ICWAL OFFICE PHONE NUMBER: [phone] 3.PRINCIPAL OFFICE EMAIL:
5
IE.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS
`'7! - .1088 Leesburg Drive P.O.Box 2696
101bnirsaion,NC 28451 New Hanover Wilmington,NC 28402
z- • SECTION C:Mll►NAAERS I UMIRSIORGANIMS(Enter additional Managers/Members/Organizers In Section E.)
..i
` 1 NAME: Sdw Inc NAME: SANDY WOOD NAME: Wood Family Properties,LLC
TITLE Member TITLE: MANAGER TITLE: Member
7.x - ADt7RESS: • . ADDRESS: ' ' ADDRESS: ..
:' .! Pe Box 15156 PO BOX 15156 1088 Leesburg Drive
I NC 28402 WLLMiNGTON,NC 28402 Wilmington,NC 28451
' ! . SECTION-D:CER .'• OF , - .- Sewn 0 must be completed in its entirety by aper o►business entity.
X "°'''.. - - -"-- ,/°°.:
• S1GNA
.. signedbra Monagedfle r listed ender ee atom C ofMie fares.
DATE
•
•!' ' / t 3112 7/i3
c• : SANDY WOOD MANAGER
Pabt or Type None of lbaragadMaan9ler TITLE
�. I$ A 1S& MIT THIS ANNUAL REPORT WNT}I THE REQUIRED FILING PEE OF 5200 I III;
: s, pli
tR Ise
i MAIL TCe Seerelary of Slab.Corporallone Dtvhfon. Post(Mice Baas 29625.Raleiek NC 27628

State Stormwater Inspection Report
General
Project Name: /J � 91/ e' Permit No: SW8 O��Q6 Expiration Date:
Contact Person: 5-0,7 4 W oc d Phone Number: Inspection Type: 'W
Inspection Date: A/o f„pi Time In: /: 3 PA/ Time Out: 2 . 3 0 0,..,
Current Weather: ('L o c�c4 707 Recent Rain(Date)? E(-7-j Y Rain- /' in
Location
Facility Address/Location: .e4.4 A��
City: t,� l 44 ,( Zip: County: 24,e5- Lat: ° "N Long: - ° "W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High Low(LD)
Stormwater Best Management Practices(BMPs) (insert number of each):
j- Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other(specify):
File Review Ysex No N/A N/E
1. Is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file? o%"
4. Recorded Deed Restrictions on file?
Site Visit: Built Upon Area(BUA) Yes 410 N/A N/E
5. BUA is constructed and consistent with the permit requirements? yfis
6. BUA(as permitted)is graded such that the runoff drains to the system?(high density only)
7. Drainage area is consistent with permit?(i.e.no unpermitted drainage to the SW BMPs) /
8. Drainage area is stabilized?(to reduce risk of sedimentation to the SW BMPs) V
Site Visit: Stormwater BMPs Yes No N/A N/E
9. Stormwater BMPs are located per the approved plans? r/
10. Stormwater BMPs have dimensions(eg. length,width,area)matching the approved plans? 4" ---
11. Stormwater BMPs are constructed per the approved plans? i/
_Site Visit: Operation and Maintenance Yes/ No N/A N/E
12. Access points to the site are clear and well maintained? v/
13. Trash has been removed as needed? ✓
14. Excessive landscape debris(grass clippings,leaves,etc)is controlled? `/ /
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995-present only)
Site Visit: Other Permit Conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit? r/
Site Visit: Other Water Quality Issues, Yes No N/A N/E
I�18. Is the site compliant with other water quality issues as noted during the inspection? I,
State Stormwater Inspection Report,Version 3.0_3-09 Page 1 of 2

State Stormwater Inspection Report
_Comments
_Inspection Pictures (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant E7 Non-Compliant
Letter Sent(circle one): Yes No Letter type s NOV NOVRE Other
Date Sent: Reference Number:
Inspector Name and Signature: Date:
State Stormwater Inspection Report,Version 3.0_3-09 Page 2 of 2

/ WET DETENTION 0 &M Inspection Checklist
POi71d-x [ T_ YES NO WA NE
Lrnrrs and FORESAW i __
1. Inlets are located per the approved plans: [,✓].' El ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: Lld" ❑ ❑ ❑
3. Forebay berm is in place and without erosion: ❑ ❑ ❑
4. Forebay is free of excessive sediment: [ ❑ ❑ ❑
SIDE SLOPES AND BANKS _.------_—�_-- -_—_--- ___
5. Vegetated slopes are 3:1 or less:
6. Banks are stable and free of erosion or bare soil: 1;I ❑ ❑ ❑
7. Slopes or berms are free of woody vegetation: /trees A ip,"00, ❑ ❑ ❑
8. Free of muskrats or beaver activity: [— ❑ ❑ ❑
9. Grass is being maintained and mowed (not scalped)as required: 44,4 sr ❑ [ J• ❑ ❑
PERIMETER AND MAIN BAY ry"�'c` -=�/ c:.-. c:s G..v p0 t Cyr)le
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ® - ❑ ❑ ❑
11. Algal growth covers less 50%of the area: [jj/' ❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: V ❑ ❑ ❑
13. Main treatment area is free from excess sediment accumulation: Ltd' ❑ ❑ ❑
mans _
14. Swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ❑ ❑
15. Drawdown device is correctly sized free of damage or dogging: ,, J ,.,e, EV ❑ ❑
16,,brifice size matches the approved plans - C 3.41 [--"- ❑ ❑ ❑
17. Outlet is free of erosion or other signs of damage: ❑ ❑
18. Trash rack is installed ❑ ❑
19. Vegetated filter is in place(if applicable) ❑ ❑ [1-'
❑
20. Relative elevations match approved plans �❑ ❑ ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ P-"' ❑
Aerf arL ice E,f t y 4 4 .
ttl W.f A 0 c-ee-1 $ Lre_ !S c1.1 61,-.7 1/4185
V3.3_09

WET DETENTION 0 & M Inspection Checklist
' 63.4 YES NO NA NE
INLETS and rust w
1. Inlets are located per the approved plans: lE" ❑ ❑ ❑
2. Inlet device (swale or pipe) is free of damage, clogs or erosion: lfr—❑ ❑ El3. Forebay berm is in place and without erosion: � s c� • • ❑64� ( i [� ❑ ❑
ti �p ❑
4. Forebay is free of excessive sediment: it ❑ El
SIDE SLOPES AND BANKS —'
5. Vegetated slopes are 3:1 or less: [ ❑ ❑ ❑
6. Banks are stable and free of erosion or bare soil: Ll ❑ ❑ ❑
7. Slopes or berms are free of woody vegetation: E - ❑ ❑ ❑
8. Free of muskrats or beaver activity: ®/ ❑ ❑ ❑
9. Grass is being maintained and mowed (not scalped) as required: ❑ 0 ❑
I PERIMETER AND MAIN BAY
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: [12' ❑ ❑ ❑
11. Algal growth covers less 50% of the area: ®-----❑ ❑ ❑
12. Cattails, phragmites or other invasive plants cover less than 50%of the basin surface: ❑ ❑
13. Main treatment area is free from excess sediment accumulation: Er ❑ 0 ❑
OUTLETS —--
14. Swale or emergency outlet bypass is in the correct place and is in good condition: L7 ❑ ❑ ❑
15. Drawdown device is correctly sized free of damage or clogging: ❑ ❑
16. Orifice size matches the approved plans E I' ❑ ❑ ❑
17. Outlet is free of erosion or other signs of damage: ErEl ❑ 0
18. Trash rack is installed ❑ ❑ ❑
19. Vegetated filter is in place (if applicable) ❑ ❑ ❑
20. Relative elevations match approved plans [ ❑ ❑ ❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ [R]� ❑
V3.3_09

3/2 /2014 •s North Carolina Secretary of State
North Carolina
..fr i` '.,!\
� , "`.�.. k � ElaineF. Marshall
OF THE
`- �g' SecretarySECRETARY OF STATE
+w $ . „,
PO Box 29622 Raleigh.NC 27626.0622 [phone]
Account Login Register
Date: 3/25/2014
Click here to:
View Document Filings I
PC, PLLC, LP and Non-Profit entities are not required to file annual reports.
Corporation Names
Name Name Type
NC ASHTON PLACE AT LEGAL
BRUNSWICK HOA, INC.
Non-Profit Corporation Information
SOSID: 1016777
Status: Current Active
Effective Date: 12/12/2007
Citizenship: DOMESTIC
State of Inc.: NC
Duration: PERPETUAL
Registered Agent
Agent Name: ROBERTSON, PAGE A.
Office Address: 109 FAIRVIEW ROAD
LELAND NC 28451
Mailing Address: POST OFFICE BOX 2696
WILMINGTON NC 28402
Principal Office
Office Address: 109 FAIRVIEW ROAD
LELAND NC 28451
Mailing Address: 109 FAIRVIEW ROAD
LELAND NC 28451
Officers/Company Officials
This website is provided to the public as a part of the Secretary of State Knowledge Base(SOSKB)system. Version:
2656
https:/lwww.secretar state.nc.us/corporations/Corp.aspx?Pitemld=8705697 1/1

c200734600278 SOSID:1016777
Date Filed: 12/12/2007 1:43:00 PM
Elaine F.Marshall
North Carolina Secretary of State
C200734600278
ARTICLES OF INCORPORATION
OF
ASHTON PLACE AT BRUNSWICK HOA,INC.
A Nonprofit Corporation
The undersigned,being of the age of 18 years of age or more, acting as
incorporator for the purpose of creating a nonprofit corporation under the laws of the State of
North Carolina as contained in Chapter 55A of the General Statutes of North Carolina,entitled
"Nonprofit Corporate Act," and the several amendments thereto,does hereby set forth:
1. The name of the corporation is ASHTON PLACE AT BRUNSWICK HOA,
INC.
2. The period of duration of the corporation shall be perpetual.
3. The purpose of the corporation is to engage in any lawful act or activity for
which a corporation may be organized under Chapter 55A of the North Carolina General
Statutes,as the same may be limited by the provisions of the Declaration of Covenants,
Conditions and Restrictions for ASHTON PLACE,as the same may be amended from time to
time of Record in the Office of the Register of Deeds of Brunswick County,North Carolina,and
as further limited by the By-Laws of ASHTON PLACE AT BRUNSWICK HOA,Inc.as the
same may be amended from time to time.
4. The owner of each Lot or Living Unit(as defined in the Declaration)within the
development known as ASHTON PLACE shall be a member of the corporation,as more fully
specified in the Declaration of Covenants,Conditions and Restrictions for ASHTON PLACE and
By-laws of ASHTON PLACE AT BRUNSWICK HOA,Inc. as they may be amended from time
to time.
5. The directors of the corporation shall be selected as set out in its By-Laws.
6. The initial registered and principal office of the corporation is 109 Fairview
Road,Leland North Carolina 28451,New Hanover County,and the name of the initial registered
agent at such address is Page A.Robertson.
7. The mailing address if different from the street address of the initial registered
office is: Post Office Box 2696,Wilmington,New Hanover County,North Carolina 28402.
8. The initial Board of Directors of the corporation shall consist of two(2)
members. They are:Page A.Robertson,2326 Tattersalls Drive,Wilmington,North Carolina
28403,New Hanover County,and,Timothy Johnson,2234 Tattersalls Drive,Wilmington,
North Carolina 28403.

C200734600278
9. The incorporator is Jerry A.Mannen,Jr., 102 N.Fifth Avenue,Post Office
Drawer 479,New Hanover County,Wilmington,North Carolina 28402.
10.Upon dissolution of the Corporation,other than incident to a merger or
consolidation,the assets of the Corporation shall be dedicated to an appropriate public agency to
be used for purposes similar to those for which this Corporation was created.In the event that
such dedication is refused acceptance,such assets shall be granted,conveyed and assigned to any
nonprofit corporation,association,trust or other organization to be devoted to such similar
purposes as maybe further provided in the Declaration of Covenants, Conditions and
Restrictions for ASHTON PLACE AT BRUNSWICK.
11.No part of the net earnings of the corporation shall inure to the benefit of its
members,directors,officers or other persons except that the corporation shall be authorized and
empowered to pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of the exempt purposes of the organization.
This the /r day of Dr.,R.v(,a,,/ ,2007.
BY: (SEAL)
JE Y . N,JR.,Incorporator
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ktU55r1AN (-16PSl,a Notary Public,do hereby certify that JERRY A.
MANNEN,JR.personally appeared before me this day and acknowledged the due execution of
the foregoing Articles of Incorporation.
WITNESS my hand and notarial seal this the 1 !day of' cl ,2007.
'‘14-fLcd
Notary Public
My Commission Expires.• '1 ���i p�"�%"!mul iii%i,
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Weev-71.4614 , .0gc.e 37 ?0,11
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/1 Phil Norris / Pb — ..e f
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S(0,ejt,.;,1

Pusey, Steven
From: Scott, Georgette
Sent: Monday, March 24, 2014 10:33 AM
To: Pusey, Steven
Subject: FW: Inspection on Storm Water Pond/Ashton SW8 040806
See Sandy's phone number below.
From: Hearthside Builders Inc. [mailto:[e-mail]]
Sent:Thursday, March 20, 2014 4:52 PM
To: Scott,Georgette
Subject: Re: Inspection on Storm Water Pond/Ashton SW8 040806
OK thanks
From: "Scott,Georgette"<georoette.scott(ncdenr.uov>
To: Hearthside Builders Inc. <[e-mail]>
Sent:Thursday, March 20,2014 2:15 PM
Subject: RE: Inspection on Storm Water Pond/Ashton SW8 040806
Ok. I will ask one of them to call you.
From:Hearthside Builders Inc. [mailto:hsbd(a bellsouth.netj
Sent:Thursday,March 20,2014 10:11 AM
To: Scott,Georgette
Subject:Re:Inspection on Storm Water Pond/Ashton SW8 040806
Georgette:
Phil indicated he did not need to be at the inspection but if you think there may be questions within the
engineering realm then I can get him there. Have an inspector give me a call to schedule. I have to be out of
town at the end of next week but other than that I am flexible. My number is 622.3394.
Thanks
Sandy
From: "Scott,Georgette"<georgette.scott@,ncdenr.gov>
To:Hearthside Builders Inc.<hsbd(a),bellsouthnet>
Sent:Thursday,March 20,2014 9:12 AM
Subject:RE:Inspection on Storm Water Pond/Ashton SW8 040806
I have already discussed with 2 of the inspectors. I think this can be taken care of pretty quickly if we can get
any minor issues taken care of. When we inspect do you want Phil present so everyone is on board with
everything that needs to be done? I think that would be the way to go.
I will let you know when the inspectors can get out there so you can have Phil there if you wish.
Georgette
From:Hearthside Builders Inc. [mailto:hsbd(a),bellsouth.net1
Sent:Wednesday,March 19,2014 2:37 PM
1

'o: 5cott,Georgette
Subject:Re:Inspection on Storm Water Pond/Ashton SW8 040806
Georgette:
Here is the history on this project. I owned a part interest in the Ashton Place subdivision located on Old
Fayetteville Road in Leland. I acquired that interest well after the community had been developed. The builder
in the community who also developed the community failed during the downturn and I was required to take
over and build the community out. Eventually I became the sole owner of the subdivision and its ownership
entity-Ashton Place Developers LLC. Although the builder filed for bankruptcy,the development entity,
Ashton Place Developers satisfied all of its obligations and remains viable to this day.
I am nearing the end of the project with about 20 lots remaining. I turned the neighborhood HOA over to the
residents a few months ago. I had Phil Norris who designed the community for the previous owners out at the
site yesterday. He had a couple minor comments on needs but suggested that I contact you guys and get an
inspection accomplished so that I can get everything done at once.
Let me know what I need to do to get scheduled. The restrictions are recorded at B2998 P0719.
Thanks
Sandy
From: "Scott,Georgette"<[e-mail]>
To: "Lewis,Linda"<lindalewis a(ncdenr.gov>;Hearthside Builders Inc.<[e-mail]>
Sent:Wednesday,March 19,2014 10:25 AM
Subject:RE:Inspection on Storm Water Pond/Ashton SW8 040806
Sandy,
We reorganized last August. State Stormwater is now a part of Land Quality. So Linda is trying to make a
determination about the deed restrictions(unless you have information for us about them?) I will than ask one
of the inspectors assigned to Brunswick to do an inspection of the site. Is the development almost complete?
Let me know what info you have.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Energy,Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington,NC 28405
Phone[phone]
Fax[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From:Lewis,Linda
Sent:Tuesday,March 18,2014 4:30 PM
To:Hearthside Builders Inc.
Cc: Scott,Georgette
Subject:RE:Inspection on Storm Water Pond/Ashton SW8 040806
Sandy-
I don't see you listed as the permittee for this project. If the developer went bankrupt or if the project was foreclosed and
you bought it from the bank and finished it up,you'll have to take the permit. Please submit the transfer request form as
the proposed permittee, then it can be inspected,and then you can transfer it later to the HOA.
2

I donn't'see where the deed restrictions were recorded or submitted. Phil Norris certified the pond back in 2007.
I'll forward this to Georgette. She is doling out the inspection/transfer load to all of the reviewers. My plate is full
already—working on a bunch of other transfer/inspection/NOV sites.
Linda
From:Hearthside Builders Inc. [mailto:[e-mail]
Sent:Tuesday,March 18,2014 2:35 PM
To:Lewis,Linda
Subject:Inspection on Storm Water Pond
Linda;
I am finishing up a project in North Brunswick and need an inspection on the storm water. It is not a
subdivision that I developed but one that I had to finish due to problems with the previous builder and
developer. The name of the subdivision is Ashton Place and the permit number is SW8 040806. Who would be
the contact in your office for this need?
Thanks
Sandy
3

Scott, Georgette
From: Scott, Georgette
Sent: Wednesday, March 19, 2014 12:14 PM
To: Conway, Jean; James, Trentt
Subject: FW: Inspection on Storm Water Pond I Ashton SW8 040806
Jean,
This is the State Stormwater permit I mentioned to you that will need an inspection. It is called Ashton Place
and it is located in Leland(US 17, Lanvale Rd&King Rd). The permittee on our permit is J. Steven Cashwell &
WRB Development LLC. As you can see Hearthside Builders Inc. is finishing out the development and wants
an inspection but they don't own the permit.
So I need you folks to inspect to see if everything is in working order. I do have an engineer certification for
the ponds dated 2007. So I just need to know if everything looks good.No erosion,pipes not clogged, swales in
correct location etc.
Linda has the folder in her office so please get with her when you are ready to go out. She is tracking down the
deed info and based on your inspection can prepare a letter on what Hearthside needs to do.
Thank you
Georgette
From: Scott, Georgette
Sent: Wednesday, March 19, 2014 10:25 AM
To: Lewis,Linda; Hearthside Builders Inc.
Subject: RE: Inspection on Storm Water Pond/Ashton SW8 040806
Sandy,
We reorganized last August. State Stormwater is now a part of Land Quality. So Linda is trying to make a
determination about the deed restrictions (unless you have information for us about them?) I will than ask one
of the inspectors assigned to Brunswick to do an inspection of the site. Is the development almost complete?
Let me know what info you have.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Energy, Mineral and Land Resources
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone [phone]
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Lewis,Linda
Sent:Tuesday, March 18, 2014 4:30 PM
To: Hearthside Builders Inc.
Cc: Scott, Georgette
Subject: RE: Inspection on Storm Water Pond /Ashton SW8 040806

Sandy-
I don't see you listed as the permittee for this project. If the developer went bankrupt or if the project was foreclosed
and you bought it from the bank and finished it up,you'll have to take the permit. Please submit the transfer request
form as the proposed permittee,then it can be inspected,and then you can transfer it later to the HOA.
I don't see where the deed restrictions were recorded or submitted. Phi! Norris certified the pond back in 2007.
I'll forward this to Georgette.She is doling out the inspection/transfer load to all of the reviewers. My plate is full
already—working on a bunch of other transfer/inspection/NOV sites.
Linda
From: Hearthside Builders Inc. [mailto:hsbd(abellsouth.net]
Sent: Tuesday, March 18, 2014 2:35 PM
To: Lewis,Linda
Subject: Inspection on Storm Water Pond
Linda;
I am finishing up a project in North Brunswick and need an inspection on the storm
water. It is not a subdivision that I developed but one that I had to finish due to problems
with the previous builder and developer. The name of the subdivision is Ashton Place and
the permit number is SW8 040806. Who would be the contact in your office for this need?
Thanks
Sandy
2