SW8041111_HISTORICAL FILE_20091110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW �(gj&
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
,.__ Q=�ZZZ12
11-1
YYYYMM D D

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
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SECTION
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NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone]
November 10, 2009
Carolina Site Design, Inc.
P.O. Box 538
North 1\1yrtle Beach, SC 29597
Attn: Amie Drucker, P.E.
RE: Lake Brewster Subdivision
ATC File #142/201-4/ 11 /2005
Dear Ms. Drucker:
James P. lannucci, PE, CFM
County Engineer
During the August 6, 2009 meeting between you, Ardie Lupton, NCDENR representatives and
New Hanover County representatives there was an agreement to revise the plans and calculations to
accurately reflect the conditions on -site. The County hasn't received the agreed upon revisions or
had any contact from yourself or Willa Properties since the August 6, 2009 meeting. This project
was certified by yourself to be completed per the approved plans. Please provide a plan of action
with the plan and calculation revisions required to bring the site into compliance.
Upon receipt of the plan of action and newly revised plans the County will review and advise the
residents of Lake Brewster. The plan of action must clear up all of the issues discussed at the
August 6, 2009 meeting. Please list any requirements the State has imposed. Please address all of
the items that were requested in the additional information letter issued to you on October 2, 2008.
The October 2, 2008 additional information letter was mailed after reviewing your September 3,
2008 submittal. A copy of the October 2, 2008 additional information request letter is enclosed.
These above items must be submitted in a timely manner to avoid the holding of building permits
and the revocation of the Storm -water ATC.
If you have any questions regarding the foregoing information, please contact our office.
Sin rel
T son Clark, PE NOV 1 3 2009
P ject Engineer BY:
cc: File
N,1s. Ardie Lupton, Willa Properties, Inc.
Ashley Turner Building Company
Angela Hammers, NCDENR

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•F�A8Li5t1ED 1�•
October 2, 2008
NEW HANOVER COUNTY
Carolina Site Design, Inc.
P.O. Box 538
North Myrtle Beach, SC 29597
Attn: Amie Drucker, P.E.
Engineering Department
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone]
RE: Lake Brewster Subdivision
ATC File #142 / 201-4/ 11 /2005
Dear Ms. Drucker:
Dennis J. Ihnat
Director
James P. lannucci, PE, CENI
Deputy Director/Chief Engineer
We have reviewed the ATC application and submittal package for the above referenced project from Ms. Arnie Drucker,
PE, Carolina Site Design, and are requesting additional information. We offer the following comments requesting
additional information:
I . On August 29, 2008 I had a conversation with Ms. Ardie Lupton, she said that Willa Properties Inc. is no
longer the owner of Lake Brewster. However, we have no evidence of this and all permits are still in Willa
Properties name. Willa Properties Inc. is the responsible party until all permits have changed name and all
forms have been received by this office. Please submit the appropriately executed Application and the required
$100.00 name change fee.
2. The previously approved plans showed the existing property line ditch, running parallel to Hanna Drive and
into the storm water pond, completely off of lot 125 and running through the wetlands. The newly submitted
plans show the centerline of this ditch/swale 35 feet inside of lot 125. This ditch/swale must be contained
within an appropriately sized drainage easement. Lot 125 has been recorded, sold and built -on without any
easement. This ditch/swale hasn't been shown in this location on any plans before now. An agreement with
the Lot 125 property owner must be reached allowing a drainage easement or other options must be explored.
This plan cannot be approved as is.
3. The proposed plans show unapproved piping shown within unrecorded drainage easements. These pipes must
be contained within appropriately sized drainage easements and d-ie lots must be rerecorded with the drainage
easements. All of these lots are recorded, sold and built -on without drainage easements. A plan submittal to
the New Hanover County Planning Department is required to have these lots rerecorded.
4. Per Section 30.2.4 & 100, please provide a Storm Water Operation and Maintenance Plan/Schedule and
Agreement signed by the owner and notarized.
5. Per Section 30.3, please include executed Designer's and Owner's Certifications with original signatures on at
least one plan drawing sheet for the final submittal.
G. Please provide a schematic identifying each aspect of the model. As presented, the model is very difficult to
understand. Please note, the Pre -developed topo for Sycamore Grove shows that the site drained toward the
west northwest, toward the property line ditch.
7. The newly shown Swale segment running through lot 125 must be analyzed for the 25-year storm. This swale
wasn't included on the approved plans. The HGL for the 25-year storm must be contained within the banks.
The drainage area for this swaie includes off -site areas that previously drained to the ditch, including Sycamore
Grove.
8. Please provide an updated drainage area map. The submitted drainage area map is unchanged from the
previous approval. Many pipes and catch basins have been added to the plans since the original approval.
9. Please provide calculations demonstrating that the pond will drawdown within the required 2 to 5 day period.

Ms. Dru6ker, PE Page 2 October 2, 2008
Carci_:ia Site Design Lake Lrewster
These items must be addressed before the review and approval of the project can be completed. Also, a submittal to the
New Hanover County Planning Department will be required to have the newly shown easements and the impacted lots
rerecorded.
Please be advised that any wetlands impacts may require a separate permit from the appropriate governing agency.
If you have any questions regarding the foregoing information, please contact our office.
Sincerely,
T. a n Clark, PE
Project Engineer
cc: File
Ms, Ardie Lupton, Willa Properties, Inc.
Ashley Turner Building Company

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October 2, 2008
NEW HANOVER COUNTY
Carolina Site Design, Inc.
P.C.-Box 538
North Myrtle Beach, SC 29597
Attn: A nic Drucker, P.E.
Engineering Department
230 Government Center Drive • Suite 160.
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax .[phone]
RE: Lake Brewster Subdivision
ATC File #142/201-4/1f/2005 J
Dear Ms. Drucker:
Dennis J. Ihnat
Director
James P. lannucci, PE, CFM
Deputy Direcror/ChfefEngineer
We have reviewed the ATC application and submittal package for the above referenced project from Ms. Arnie Drucker,
PE, Carolina Site Design, and are requesting a ddidonal'informadon. We offer the following comments requesting
additional information:
1. On August 29, 2008 I had a conversation with his. Ardie Lupton, she said that Willa Properties Inc. is no
longer the owner of Lake Brewster. However, we have no evidence of this and all permits are still in Willa
Properties name. Willa Properties Inc. is the responsible party until all permits have changed name and all
forms have been received by this office. Please submit the appropriately executed Application and the required
$100.00 name change fee.
2. The previously approved plans showed the existing property tune ditch, running parallel to Hanna Drive and
into the storm water pond, completely off of lot 125 and running through the wetlands. The newly submitted
plans show the centerline of this ditch/swwale 35 feet inside of lot 125. Tlis ditch/swale must be contained
uathin an appropriately sized drainage easement. Lot 125 has been recorded, sold and built -on without any
easement. This ditch/swale hasn't been shown in this location on any plans before now. An agreement with
the Lot 125 property owner must be reached allowing a drainage casement or other options must be explored.
This plan cannot be approved as is.
3. The proposed plans show unapproved piping shown within unrecorded drainage easements. These pipes -must
be contained within appropriately sized drainage easements and the lots must be rerecorded with the drainage
easements. All of these lots are recorded, sold and built -on without drainage easements. A plan submittal to
the New Hanover County Planning Department is required to have these lots rerecorded.
4. Per Section 30.2.4 & 100, please provide a Storm Water Operation and Maintenance Plan/Schedule and
Agreement signed by the owner and notarized.
5. Per Section 30.3, please include executed Designer's and Owner's Certifications.-kvith original signatures on at
least one plan drawing sheet for the frnal'subnittal.
b. Please provide a schematic identifying each aspect of the model, As presented, the model is very difficult to
understand. Please note, the Pre -developed topo for Sycamore Grove shows that the site drained toward the
west northwest, toward the property line ditch.
7. The newly shown swale segment ruining through -lot 125 must be analyzed for the 25-year storm. This Swale
wasn't included on the approved plans. The HGL for the 25-year storm must be contained within the banks.
711ne drainage area for dis Swale includes off-site,areas that previously drained to the ditch, including Sycamore
Grove.
8. Please provide an.updated drainage area map. The submitted drainage area map is unchanged from the
previous approval. Many pipes and catch basins have been added to the plans since the original approval.
9. Please provide calculations demonstrating that the pond will drawdown within the required 2 to 5 day period.

Ms. Drucker, PE Page 2 October 2, 200.
Carolina Site Design Lake Brewste
These items must be addressed before the review and approval of the project can be completed. Also, a submittal to the
New Hanover County Planning Department will be required to have the newly shown easements and the impacted lots
rerecorded.
Please be advised that.any wetlands impacts may require a separate permit from the appropriate governu3g agency.
If you have any ques6oris regarding the foregoing information, please contact our office.
Sincerely,
T. a n
Sincerely,
Clark, PE
Project Engineer
cc: rile; .
Ms. Ardie Lupton, Willa Properties, Inc.
Ashley Turner Building Company

a,
CAROLINA
SITE DESIGN, INC.
ENGINEERING 4 PLANNING
September 3, 2008
Mr. T. Jason Clark, PE
New Hanover County Engineering
230 Market Place Drive, Suite 160 rDEPARTMENT
Wilmington, NC 28403Re: Lake Brewster
501 Vallie Lane
Federal Point Township, New Hanover County
ATC File #142/201-4/11/2005
Dear Jason:
Enclosed please find one (1) set of revised Civil Design Drawings (Sheets C-5 through C-7), dated 4-14-
08, one (1) copy of the revised Stormwater Management Report, revised 9-2-08 and one,(1) copy'of
velocity/energy dissipator calculations for the side lot swales that were piped from Hanna Drive to the
southern property line ditch, dated 4-14-08.
The enclosed information is submitted in response to your July 24, 2008 letter. After construction of the
roads, drainage, water and sewer of the project was complete, the home builder piped the grassed swales
that were originally designed to convey the runoff from Hanna Drive to the southern property Iine ditch.
The enclosed calculations demonstrate the proposed velocities within the culverts and the appropriate
sizing of the outlet protection.
The enclosed plans have been revised to reflect the culverts that have been installed to replace the grassed
swales of the lots along Hanna Drive as shown in the original design.
The enclosed stormwater management report has been revised to include the discharge from Sycamore
Grove ponds I & 2. From the topographic information we obtained during design of our project and the -
information Stroud Engineering, PA submitted to your office for approval, it is not evident that the runoff
from their property drained to the common ditch between the two projects. However, since they are now
discharging to the ditch, we have included their runoff through our detention pond to model current
conditions. Data regarding their project was taken from the "Stormwater Management & Erosion Control
Calculations for Sycamore Grove", prepared by Stroud Engineering, PA, dated 8/3/06. As can be seen on
Page 7 of the "Lake Brewster Stormwater Management and Sediment/Erosion Control Narrative with
Calculations", dated 9-2-08 the Lake Brewster detention pond is restricting peak post developed flow to
peals predeveloped conditions.
843-280-5870 Post Office Box 538 843-280-5870
Office North Myrtle Beach, SC 29597 Facsimile

Mr. Jason T. Clark, PE
September 3, 2008
Page 2
Please call if you have any questions or require additional information.
Sincerely,
Carolina Site Design, Inc.
Amie S. Drucker, P.E.
Cc: Ms. Ardie Lupton, Willa Properties, Inc., wlenclosnres

NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone]
July 24, 2008
Carolina Site Design, Inc.
P.O. Box 538
North Myrtle Beach, SC 29597
Attn: Arnie Drucker, P.E.
RE: Lake Brewster Subdivision
ATC File #142/201-4/11/2005
Dear Ms. Drucker;
Dennis J. lhnat
Director
James P. lannucei, PE, CFM
Deputy Director/Chief Engineer
It has come to the attention of the New Hanover County Engineering Department that the storm
water drainage system for the project listed above has deviated from, the approved plans. Specifically;
the drainage ditch/swale located at the back of Lot 125 at the end of Hanna Drive and other storm
water pipes are not located in required drainage easements. Modified plans were not submitted to or
approved by New Hanover County. A.modified plan was submitted to -Beth Wetherill, of the.New
Hanover County Erosion and Sedimentation Department, on April 17, 2008. Modified plans and
calculations must be submitted to New Hanover County for storm water review and approval or the
approved plan must be followed.
Please provide modified plans and calculations that demonstrate the project meets the New Hanover
County Storm Water Management Ordinance. These plans and calculations must address all
deviations from the approved plans. Please note that all storm water conveyance swales, ditches and
pipes withhi subdivisions and outside of right of ways are required to be in recorded drainage
easements.
Please respond to this letter within 30 days, on or before September 5, 2008, If you have any
questions, please contact the County office at 798-7139.
Sincerely,
T. son Clark, PE
Project Engineer
New Hanover County
cc: F-TC_File #.14q/idi. 4/�1-1 /2005
Willa Properties, Inc., Ms. Ardie Lupton
Mr. Robert Milligan, 202 Hanna Drive; Wilmington, NC 28412

NEW HANOVER COUNTY
Engineering Department Dennis J. Innat
230 Government Center Drive- Suite 160 Director
Wilmington, North Carolina 28403 .larnes P. Iannuce.i, PE, CFNJ
TELEPHONE [phone] Deputy Director/Chief f;ngineer
Fax [phone]
September 1 G; 2008
Ms, Ardie Lupton
Willa Properties, Inc.
P_O. Box 1104
Smithfield, North Carolina 27577
Fax: [phone]
RE: Lake Brewster Subdivision
ATC File #142/201-4/11/2005
Dear Ms. Lupton:
We have reviewed the ATC application and submittal package for the above referenced project from Ms. Arnie Drucker,
PE, Carolina Site Design, and are requesting additional information. We offer the following comments requesting
additional information:
During our August 29, 2008 conversation you said that Willa Properties Inc. is no longer the owner of Lake Brewster.
However, we have no evidence of this and all permits are still in Willa Properties name. Willa Properties Inc. is the
responsible parry until the permit has changed names. Please submit the appropriately executed application, Operation
and Maintenance Agreement and the required $100.00 name change fee.
Several storm water and easement related issues exist at Lake Brewster. The project as currently constructed is in
violation of the New Hanover County issued Storm Water ATC. The below issues must be addressed and a plan of
action to remedy each must be received within '30 days to avoid permit revocation and further enforcement.
1*he newly proposed plans include a major swale/ditch on a previously recorded, sold and built -on lot. All
swales/ditches within the property limits must be within recorded drainage casements or in areas labeled as
common areas to be maintained by the I-IOA. The swale on Lot 125 cannot be approved by NHC without an
easement. An easement agreement must be reached between the Lake Brewster Owner/Responsible Party and
the individual Lot 125 property owner or other options must he explored
Also, the new plans show unapproved piping and new drainage easements between existing and recorded lots
south of Hanna Drive. The new piping was installed in violation of the New Hanover County Storm Water
ATC. The easements shown around the new piping are not on the recorded plat. A plan submittal to the Nevv
Hanover County Planning Department is required to have these lots rerecorded to include the easements.
You indicated to me on August 29, 2008 that Ashley Turner Building Company is the current owner and responsible
parry. Ashley Turner Building Company is receiving a copy of this letter.
These items must be addressed before the review and approval of the project can be completed. If you have any
questions regarding the foregoing information, please contact our office.
Sincerely,
on Clark, PE
Pr ect Engineer
cc: __ :File
Asliley Turner Building Company; 181 Cleveland Crossing Drive; Garner NC 27529
IMs. Arnie Drucker, PE - Carolina Site Design

�s
UNITED STATES
• Sender: Please print your name, address, and ZI
NC DENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ard;-e.r-j., LvP+01)
gyp. }60x 110q
�-75-1�
A. Signature
❑ Agent
E�&J? 0 ddreSSeE
B. Iv by (Prf d Name) C. Date of ky
D. Is delivery address different from item 17 U Yes
If YES, enter delivery address below: ❑ No
3. rvice Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
Il {Transfer from servicerabet) 7007 0220 ❑QOO 8222 7399
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-154C

UNI7Ed SrA7EsbStAk
• Sender: Please print your name, address, and ZIP+4 in this box • 1
Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington. NC 28405
:�). 4L,0k/moo
!„l k I l i,,,,l,l„!, I1„1 Ill ,,, III;,,lIll I Fill 111 11

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
s Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1 1. Article, Addressed to:
is/�j � 7 f7 •1'/•E � � /� G
A. Signature
X 0 ❑ Agent
Addressee
B. Weeived by ( Printed ame) C. Date of Deliven
O o 0
D. Is delivery address different from item 1 T Cl $
If YES, enter delivery address below: ❑ No
3. k7ice Type
Certified Mail ❑ Express Mall
" ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
7 7 / 4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number- -- 7005 0390 '0001 3200' 529
(!-ransfer from service label}
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154

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Hammers, Angela
From:
Sent:
To:
Cc:
Subject:
Good Morning Ms. Lupton,
Hammers, Angela
Tuesday, October 13, 2009 10:05 AM
'[e-mail]'
Cox, David
Lake Brewster, Wilmington, NC SW8 041111
It was good meeting with you a couple of weeks ago onsite at the Lake Brewster subdivision. I understand from David
that our Director has received some concerns from the residents about the ditches and the vegetation left after the
cutting. I am planning to visit the site early this afternoon to get an idea of the status and measure of the concerns.
can no longer remember how they looked when David and I were out there with you, and I did not take any photos.
Additionally, I recall some trees were to be removed after we looked at it.
Do you know the status of the vegetation in the ditch? Was the cut vegetation removed or left on the slopes?
Thanks. 1 know you have been working on this site diligently and it is appreciated by DWQ.
Sincerely,
Angel Hammers (Please note my new email address is [e-mail])
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
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.

Hammers, Angela
From: Cox, David
Sent: Tuesday, October 13, 2009 9:04 AM
To: Hammers, Angela; Hammers, Angela
Subject: FW: Lake Brewster
From: Wayne Scott [mailto:[e-mail]]
Sent: Sunday, October 11, 2009 11:12 AM
To: Lewis,Linda; Cox, David; Scott, Georgette
Subject: RE: Lake Brewster
Hi Linda, will the State ask Willa Properties to clear the ditch debris? They haven't even finshed clearing
the ditches yet. There has been no action in 2 weeks now. Is there a deadline as to when they have to
have the ditches & the pond cleared?
Thanks, Wayne
From: [e-mail]
To: [e-mail]; [e-mail]; [e-mail]
Date: Mon, 5 Oct 2009 08:43:55 -0400
Subject: RE: Lake Brewster
Mr. Scott:
While the permit itself sets no specific procedure for debris removal when clearing ditches, common sense
would dictate that if the debris is left behind, all it will do is create the potential for clogging of any pipes
downstream. A clogged pipe leads to flooding. You may want to check with the County on that issue.
Essentially, the person clearing the ditch has passed the problem on down to the next person.
Linda
Please note my new email address is Linda.Lewis@ncden_r.gov
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
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: Wayne Scott [mailto:[e-mail]]
Sent: Sunday, October 04, 2009 8:32 PM
To: Lewis,Linda; Cox, David; Scott, Georgette
Subject: FW: Lake Brewster
Hi Linda, David & Georgette, here is an e-mail from a neighbour in Lake Brewster. When they started
clearing the ditches they have left all of the debris & now they have stopped for over 1 week. I am not

sure of the requirements or timeline that the ditches have to be cleaned, that is why I am sending you this
update.
Thank you, Wayne Scott
From: [e-mail]
To: Wayne. [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]
Subject: Fw: Lake Brewster
Date: Thu, 1 Oct 2009 16:02:16 -0400
Thomas K. Bissette
[e-mail]
Blue Atlantic Management
1221 Floral Pkwy Ste 106
Wilmington, NC 28403
910-612-5970
--- Original Message -----
Fr6 am: nad0154Qyaho6:com�o,��
To: Thomas Bissette
Sent: Thursday, October 01, 2009 3:45 PM
Subject: Re: Lake Brewster
Hey Thomas, the debris has been cut down however it has been left in the ditches which defeats the
purpose of making a clear path for the water. Are they going to come back to clear them? Thanks so much
Nick dimeo 210 Hanna Sent from my Verizon Wireless BlackBerry
From: "Thomas Bissette"
Date: Thu, 1 Oct 2009 13:58:12 -0400
To: <[e-mail]>
Subject: Lake Brewster
Christine,
I recieved your letter and was concerned about the debris? I have done my drive through but will
Tuesday, the ditches have been cut but the debris was left behind? Also new coupon books will be issued
when the budget is passed and the BOD decides on dues. You will recieve them well before the time the
first payment is due. Please let me know about the debris. Thank you.
Thomas K. Bissette
Thomas(@BAMGT.com
Blue Atlantic Management
1221 Floral Pkwy Ste 106
Wilmington, NC 28403
910-612-5970
No virus found in this incoming message.
Checked by AVG - www.avg.com
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Hammers, Angela
From: [e-mail]
Sent: Thursday, September 17, 2009 1:03 PM
To: Hammers, Angela
Subject: LAKE BREWSTER, WILMINGTON, NC
Angela
Per our conversation this date, Mr. Blackmon went to Wilmington yesterday afternoon to access the equipment
he would need to mobilize to clean out the ditches and clean around the pond dam and forebay. Due to the
close proximity of fences, barriers etc. behind the houses, we will mobilize a crew to hand cut the ditch no later
than October 1 Oth. Once the hand work is completed, we will mobilize whatever equipment we deem necessary
around the pond and forebay to complete the work. We will then have the forebay surveyed as to the size and
depth so Amie can complete her calculations for DENR.
Per your instruction this date, we can cut all vegetation within the ditch area and leave the cattails and seagrass
on the pond dam. We will notify you within 24 hours of starting and you will meet us at the site to clarify any
questions our crew superintendent might have.
Thank you for your assistance in this matter. I will be in touch.
Ardie Lupton
Vice President
Willa Properties, Inc.
PO Box 1104, Smithfield, NC 27577
September 17, 2009

i
For: LINDA LEWIS
Fax number: [phone]
From: CART_ SHAFER
r �ti�y.��a1 (,L�l►�
Fax number: [phone]
Date: SEPTEMBER 8, 2009
Regarding: LAKE BREWSfER SUBDIVISION
Number of pages: I f('4) C.c Vic
Comments: It has come to my attention that you are in the
process of modifying the stormwater permit currently held
by Willa Properties for Lake Brewster Subdivision, to include
the ditches behind the homes on Hanna and Vailie,
According to our covenants, the ditches are the responsibility
of the owner of each lot where these ditches are located.
How will these changes effect the recorded covenants? Will
the ditches now become the responsibility of the HOA?
Additionally, a much bigger issue affecting this subdivision is
a severe drainage problem left by the developer/builder s
within the interior lots that is being ignored and is currently
causing the streets -this to explode from misdirected water.
It too would also need to be included in the modified permit.
I am faxing to you communications with the New Hanover
County and information distributed by the HOA.
CARL SHAFER
345 HANNA DRIVE
WILMINGTON, NC 28412
CC: DAVID COX
GEORGETTE SCOTT
Z908869 066
J`sleys laeo dLq,:80 60 LO d8S

Blue Atlantic Management
12 1 Floral PkA y Ste 106
Wilmington, NC 28403
910-392-3130
www.bamgt.com
Lake Brewster Homeowners,
As you know; through rumors, the website, and talks from meetings, Lake
Brewster HOA has many arising issues that are being sought out responsibly and
aggressively. The Board of Directors (BOD) has been working relentlessly on these
issues throughout the community. The BOD held an emergency meeting on Friday, July
17, 2009 to clarify these issues. Attached to this letter you will find two separate letters,
one ftm Department of Environmental and Natural Resources (DENTR) and one from the
North Carolina Department of Transportation (NCDOT.) These letters contain crucial
information regarding Lake Brewster.
The first letter from DEh`R states that when Lake Brewster (LB) was inspected
Tune 19, 2009, that the Storm water system was out of compliance with the terms and
conditions. There were also findings that a drainage ditch between Sycamore Grove and
LB is routing from Sycamore into LB's detention pond without being shown on the
approved plan. DENR is requesting from the original developers by August 10, 2009 to
respond or will be charged $25,000 a day. This is the reason the DOD has never cut the
ditches and taken care of the Detention Pond. If LB had cut or maintained anything our
lawyers told us that LB would assume ownership and would be responsible for these
issues. The BOD will Iet all homeowners know the outcome.
The second letter from the NCDOT dated June 16, 2006 showed the investigation
of LB being out of compliance with non-standard frames and gates that were not built to
NCDOT standards. This letter is not dated in 2009 but in 2006 well before the
completion of LB. LB's covenants state the roads will be taken over by the NCDOT.
The BOD received a quote of$203,000.00 to fix all grate and francs and to have the
roads come into compliance with the NCDOT. The SOD and majority, of homeowners at
the meeting decided LB will have an HOA specialized lawyer to investigate LB's
options. The HOA will have another meeting to let homeowners vote on the options that
are acquired by the lawyer.
If any homeowner hasn't paid their dues a statement will be attached with these
letters. Please submit your payment payable to Lake Brewster HOA, for the HOA needs
the dues for these issues and dues are legally binding in the state of NC. If you have any
questions please email or call Blue Atlantic Management.
Also, if any homeowners would like to be contacted about crime in the
community, please provide Blue Atlantic Management with your preference of phone
number and/or email
Sincerely,
t
Thornas Bissette
Thomasabamgt.corn
Blue Atlantic Management
Property Manager
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I received the same letter. In talking to NCDENR the ditches are pre-existing & nct part of the storms wager
drainage. In the covenants Ashley Turner has filed that each home owner has to clean their part of the
ditch. The HOA board have gotten 3 quotes to have this done, but the home owners on the ditches would
have to oay, it would not be part of the dues. We were going to send out a letter at the beginning of next
week.
Then I found out yesterday that during the meeting with Willa Properties in August it was agreed that the
storm water drainage permit would be modified & the ditches would now be part of the storm water
drainage. So we are still checking this out.
Wayne
bttp:/lsn l 19w.sntl l9.mail.live.comlmaiUPrint5hell.aspx?type—�nessage&cpids=aa232338-3... 9/4/2009
C'd M996C 01.6 je}8yS P120 dgC:90 60 LO deS

September 2, 2009
Jason Clark, PE,
RE: Lake Brewster Subdivision
New Hanover County Storm Water ATC File #142/201-4/11/2005
Mr. Clark,
Thank you for your letter dated August 31, 2009 regarding the drainage in our
subdiAsion. I have worked in new home construction for more than twenty years as a
contractor, and have knowledge.
My question: Are you saying the builder did not disturb the contour of the land when he
regraded for foundations, driveways and curbs? Your letter implies that. it is only the
fences that impede the drainage of these lots. I would ask that you take a second look at
the lots. I'm sure you will find that is not the case. The "natural contours to the street"
was compromised when the houses were built with drainage going from backyard to
backyard to backyard, etc. The backyards do not have a drainage system to take the
water to the storm water system. This "sheet flow" is stopped at every foundation, every
patio, every driveway, etc. The drainage issue still needs to be addressed by the County.
This is a serious issue and to date New Hanover County has neglected to address these
issues that were not created by the homeowners, but by the developer/ builder of this
subdivision. New Hanover County approved those 2005 plans in error: They were not
complete. Furthermore, by your own statement, you say that "ideally there would have
been a drainage easement and a swale or drainage system to get water off of the rear
lots." This should have been a requirement and plans not approved until such measures
were written into the plans. The County should take responsibility for this error in
judgment. To say it now falls to the homeowners to fix is unreasonable. We bought the
homes ignorant of the County'% and builder's mistakes. We did not build the homes.
When I met with you on July 23, 2009, we also discussed the streets bubbling clay and
water. I took you to those streets and you agreed this was caused by the drainage
problems ---the drainage problem was forcing the water underground and coming up at a
lower point thru the streets and lots as evidenced with the breaking up of the streets,
curbs and the sidewalks stained with clay.
I would stress again the seriousness of this matter. I have seen houses cracked in half,
sink holes under slab measuring 4 feet deep, and houses that have slid down slopes and
hillsides all from mis6ected water.
This matter needs to be addressed and resolved by the County and Lake Brewster
builders, and not left to the homeowner to resolve.
Regards,
Carl Shafer
t7•d Z90226£ M J81e4S Pao d9£�80 60 LO deS

concern from the State was that the stoan water from Sycamore Grove was entering the Lake
Brewster storm water pond, which it wasn't designed to treat. The determination was that Like
Brewster needed to submit to the State and NBC a revised set of plans and calculations that
accurately reflects the site as constructed.
The plans are currently being re-6sed to meet the New Hanover Countg Ordinance and the State's
permit requirements. We currendy do not have a set of plans that accurately reflects the conditions
Within the subdivision.. The plans will need to be corrected in order to proceed with turning the
stormwater system over to the homeowners association.
' I
The grading of these interior lots seems to be a subdivision wide problem. It may requite the interior j
homeowners to come together and find a solution that will. benefit all lots with yont drainage `
Problem. ?
Please contact our office with any questions.
Sincerely,
�/ ason Clack, PE
Project Engineer
New Hanover County
cc: ATC File #142/201-4/11/2005
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9•d Z90996£ Ol6 Jejegs laeO dq£�80 60 LO deS

NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE (910) 79&- 713 9
Fax [phone]
August 31, 2009
Mr. Carl Shafer
345 Hanna Drive
Wilmington, North Carolina 28405
RE: Labe Brewster Subdivision I
New Hanover County Storm Water ATC File #142/201-4/11 /2005 '
Dear Mr. Shafer -
DennisJ. ihnat
Director
James P. lannucci, PE, CFM
Deputy DirecrorlCkief Engineer
On July 23, 2009, Jerry May and I met with you at your home. You had concerns with the grading of
your lot and others in the subdivision. We viewed your lot and walked along Hanna Drive viewing
your concerns with other lots and the roadway. You expressed concern with the way the subdivision
was constructed, specifically how the lots were graded.
After our visit it is clear that the rear of your lot and many others were not graded to drain to the
street. Looking at the lots aad the 2005 approved plans, it appears that the grading of the interior
lots follows the contours that existed prior to development. Ideally there would have been a drainage
easement and a swale or drainage system to get the water off of the rear of these Iots. However, this
wasn't included in the plans. This wasn't a requirement as long as the nmoff reaches the storm water
system_ The fences in the area impede storm water flow and do not allow the stones water to sheet
flow over the namral contours to the street and ultimately the permitted storm water pond. Section
8.5, (g), Coastal Stormwater Management Regulations, of the Restrictive Covenants for Lake
Brewster Subdivision (Recorded in Deed Boost 4906, Pages 899-913) reads:
gill nrn f frotu the built upon anus on the lot trust drain into the penvitted rystem. This may be
acmmp•'ithed through pronding roof drain gathers whicb drain to the street, grading the lot to drain toward the street, or
grading perimeter swalex to collect lot runoff asd darraing them into The x;ormaw:er system or into the street. Lott that
will naturally drain into the system arc not required to provide there additional measures. "
The above section of the restrictive cotenants is the only wording in our file that concerns the
grading of individual lots. l found no details on the plans or within the covenants that would have
required the lots to be graded to the toadways.
There was a meeting held on August 10, 2009 between the Lake Brewster representatives (Ardie
Lupton, Arnie Drucker), Sycamore Groves representatives (Alan Schroeder, Sr., Alan Shroedet, Jr.,
Jimmy Fentress), the New Hanover County Engineering office Qun Iannucci, Beth Wetheril) and the
NCDENR representatives ( Linda Lewis, Georgette Scott, David Cox). This meeting was called
because the site as constructed didn't match the approved plans for NHC or NCDENR. The major
9•d Z90996C N6
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E ,
Please note, this subdivision has a storm water permit with the State, NCDENR Ile State has
maintenance requirements for the approved storm water system. The responsible party for each of
these maintenance requirements is the owner of record on the permit Therefore, the owner is
responsible fox the maintenance requirements outlined by the existing pertrut. Please check with
NCDENR for their maintenance requirements.
Please contact our office with any questions.
Sincerely,
ason Clark, PE
Project Engineer
cc: ATC File #142/201-4/11/2005
Mr. Wayne Scott, 370 Hanna Drive; Wilmington, NC 28412
1%.Lr. Carl Shafer, 345 Haring Drive; Wilmington, NC 28412
L•d Z90886C 066 a01e4S Ilea d9£'•$0 60 LO doS

NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive • Suite 160
Wilmington, North Carolina 29403
TELEPHONE [phone]
Fax (910) 79&7051
August 13, 2009
Lake Brewster Homeowners Association
125 North Cardinal Drive, Suite 104
Wilmington, North Carolina 28405
Attention: Registered Agent, Charles M. Elarn, II
RE: Lake Brewster Subdivision
New Hanover County Storm Water ATC File # 142/201-4/11 /2005
Dear hit. Elam:
Den a is J. Ih nat
Direczor
James P. lannucci,PE, CFM
Deputy DirsceoriChief Engineer
It has come to the attention of the New Hanover County Engineering Department that the
responsibility of maintenance of the subdivisions drainage ditches has been questioned.
Section 23-342 of the New Hanover County Storm Water Management Ordinance reads:
`71 shall he the responsibility of the individual properly owners of developed or undeveloped land urtlnn the
unincorporated arias of the county, to mainlaxn stormurater conztiyanc-- faahites. Such as water ayr, slrrams, creek..*;
ditches , .wales; channe,f, canals, conduits, culverts; and slorm;vater control faciaities, such aspon* and lakes within
their bmmpery. Wbere conditions of existing storvwater fadA ies andetermined to he ae ent and a public nuisance,
and the proppery asvner fails !a co met the deficiencies after b eing notified by the covxy; the romp mg x7mge for the
dezencaes to he corrected and recoter all costs thereto farm theproperr, owner. Houcever, the recovery of casts from
property osuners is subject to appeal as described in section 23-315, "
Also, Section 8.4 Easements, 'of the Restrictive Covenants for Lake Brewster Subdivision (Recorded
in Deed Book 4906, Pages 899-913) reads:
`Easements far installation and maintenance of utilities and drainage facilities are resenud as shown or the
recorded saodi✓Aron plan and o ver the rear of the outer lots. These easements arr far. installation and maintenance of
utilities and drainage facilvies intended to proeride senices to the residences in the subdivision. il'/ithin there easemews,
no structure, planting or other materials, shall be placed orpermiaed to remain which may damage or interferr with the
installation and maintenance of utilities, or :vhich may chance the direction or obstruct or retard the flow of Water
through drainage ones or ehaanoels in the easements. Thi easement arenas o{each lot shall be maintained coniinuousy by
the lot owner, except for improvements for whieb a public arcthoriy or utility company has responsibih' r. '
The above paragraphs outline the New Hanover County policy and the subdivisions recorded
restrictive cotenants. Both state that the maintenance of the ditches within the subdizrision are the
responsibility of the property owners. Each property owner is responsible for rnaintaining the ditch
and easement located on their respective property until either a public authority or utility accepts
responsibility or another association, such as an HOA, forms and records an overriding agreement
with the Register of Deeds to take ownership of the maintenance from the individual property -
owners. Tl.e maintenance of the common area -within the subdivision is the responsibility of the
owner/developer/HOA on file. I ;,
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DATE
NOTES
_06/19/09_Complaint received by DWQ RE: overgrowth of ditches at Lake Brewster._
Lake Brewster, SW8 041 1 1 1, inspected by DWQ personnel. Inspection report stated that ditches
Were in compliance with slope and vegetative stability, and that the section of the ditch located
Between Lake Brewster and Sycamore Grove subdivisions is routing stormwater to the detention
_Pond of....Lak.e Brews_ter._n_ot...s.hown..on th.e._D.WQ ap.Proved plan.
--............... ...... ....... .......... ...... ..... ....... _._....... -._..... ............
07117109: Conference call with Beth Wetherili, NHC Enqineerinq Services.
Permit application brought to NHC, under NHC Stormwater Ordinance v.2000, changed plan to
Account for Pre&Post drainage from some rear yards not draining to the street /not captured by
_piping to the sw pond. Per B.Wetherill, both Lake Brewster and Sycamore Grove received a county
Permit meeting their requirements(25 yr storm event). Upon any change to a permit, it would be
The applicants/engineer's responsibility to inform DWQ. The folks that need to be consulted with
_NHC also include Jim Innuci and Jason (last name?) from the Stormwater group. Agreed to have
A meeting set up with representatives of DWQ, NHC, developers & associated engineers from
Both, Labe Brewster and Sycamore Grove subdivisions present to solve this issue.
Possible solutions include cooperation between both Permittee's to resolve this in accordance
With both DWQ and NHC requirements.

NC DENR - Division of Water Ouaiity
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Carolina Site Design
291 Highway 90 E, #D
Little River, SC 29566
2040.505406
4,P ES %� 1r1®
a wmr.v Aowrs
02 1M $ ®Q.440
0004,265E80 JUL t'3 2009
MAILED FROM "``+FCODE 28405
NIXIE 292 DE 1 00 07/16/09
.. MTNc►.
NOT DELiVERAGLE AS ADDRESSEE
tJNABLE TO FORWARD
DC: 284055406 27 *1592-01972— 13-40
I..II11.11111111111111111111111f1ll1IIIm11M)h111.11.11

- - -
each Quality Park Item #90019
Treated with an Ant -Microbial Agent to guard against
Ncus the growth of bacteria, mold, mildew, fungus and odors
°0°"s Licensed bySifverco

North Carolina
Beverly Eaves Perdue
Governor
July 10, 2009
Ms. Ardieth Lupton
Willa Properties, Inc.
PO Box 1104
Smithfield, INC 27577
A�
NC®ENR
bepartment of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Subject: NOTICE OF INSPECTION
Lake Brewster Subdivision
Permit No. SW8 041111
New Hanover County
Dear Ms. Lupton:
Dee Freeman
Secretary
On June 19, 2009, Angela Hammers of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Lake Brewster Subdivision in New Hanover County to determine
compliance with Stormwater Management Permit Number SW8 041111' issued on November
24, 2004. DWQ 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:
1. A section of the drainage ditch located between Lake Brewster and Sycamore Grove
Subdivisions is routing stormwater from Sycamore Grove to the detention pond of Lake
Brewster without being shown on the approved plan.
Please inform this Office in writing before August 10, 2009, 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, when required, 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 August 10, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sincerely,
Angela Hammers
Environmental Specialist
Enclosure: Compliance Inspection Report
GDSlakh: S:IWQSISTORMWATERIINSPECT1041111.ju109
cc: John Hennessy(NPS-ACOU); Amie Drucker, PE, Carolina Site Design;
Beth E. Wetherill, NH County Engineering; Angela Hammers; WiRO; Central
Files
Wilmington Regional Orrice
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
?hone: 910-796-72151 FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwatercluaiity,org '�`rn"Jatul ,
An Equal Opportunity 1 Affirmative Action Employer � �I f LL

Compliance Inspection Report
Permit: SW8041111 Effective: 11/24/04 Expiration: 11/24/14 Owner: Willa Properties, Inc.
Project: Lake Brewster
County: New Hanover 501 Vallie Ln
Region: Wilmington
Wilmington NC 28405
Contact Person: Ardieth Lupton Title: Phone: [phone]
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek (Todds Creek)} (03-06-17 } { C;Sw}
On -Site Representative{s}:
Related Permits:
Inspection Date: 06/19/2009 Entry Time: 09:45 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: Q Compliant ® Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
Exit Time: 10:45 AM
Inspection Type: Complaint
Phone: [phone]
Ext.7317
Page: 1

Permit: SW8041111 Owner - Project: wilia Properties, Inc.
Inspection Date: 06/19/2009 Inspection Type: Complaint Reason for Visit: Complaint
Inspection Summary:
The following deficiency was noted during an inspection and file reveiw:
1. The drainage ditch between Lake Brewster and Sycamore Grove Subdivisions appears to be utilized by Sycamore
Grove as stormwater drainage system to the pond at Lake Brewster. This is not shown on the approved plan for Lake
Brewster.
To bring this permit into compliance, please complete the following:
1. Submit a plan of action to modify the permit to show the drainage routed through the ditch to the Lake Brewster
detention pond forebay.
File Review
Yes No
NA
NE
Is the permit active?
■ Q
n
n
Signed copy of the Engineer's certification is in the file?
■ Q
O
Q
Signed copy of the Operation & Maintenance Agreement is in the file?
■ ❑
n
n
Copy of the recorded deed restrictions is.in the file?
■ ❑
Q
Q
Comment:
SW Measures
Yes No
NA
NE
Are the SW measures constructed as per the approved plans?
n ■
00
Are the inlets located per the approved plans?
D Q
D
Are the outlet structures located per the approved plans?
❑ ❑
❑
■
Comment: The drainage ditch between Lake Brewster and Sycamore Grove
Subdivisions appears to be utilized by Sycamore Grove as stormwater drainage system
to the pond at Lake Brewster. This is not shown on the approved plan for Lake
Brewster.
Operation and Maintenance
Yes
No
NA
NE
Are the SW measures being maintained and operated as per the -permit requirements?
S
0-0
0
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ
❑
❑
[I
upon request?
Comment: All ditches were observed at a 3:1 slope or flatter and were stable.
Other Permit Conditions
Yes
No
NA
NE
Is the site compliant with other conditions of the permit?
n
n
n
Comment:
Other WO Issues
Yes
No
NA
NE
Is the site compliant with other water quality issues as noted during the inspection?
❑
Q
fl
p
Comment:
,s
Page: 2

North Carolina
Beverly Eaves Perdue
Governor
July 10, 2009
Ms. Ardieth Lupton
Willa Properties, Inc.
PO Box 1104
Smithfield, NC 27577
NCDENR
Department of Environment and Natural
Division of Water Quality
Coleen H. Sullins
Director
Subject: NOTICE OF INSPECTION
Lake Brewster Subdivision
Permit No. SW8 041111
New Hanover County
Dear Ms. Lupton:
Resources
Dee Freeman
Secretary
On June 19, 2009, Angela Hammers of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Lake Brewster Subdivision in New Hanover County to determine
compliance with Stormwater Management Permit Number SW8 041111 issued on November
24, 2004. DWQ 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:
1. A section of the drainage ditch located between Lake Brewster and Sycamore Grove
Subdivisions is routing stormwater from Sycamore Grove to the detention pond of Lake
Brewster without being shown on the approved plan.
Please inform this Office in writing before August 10, 2009, 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, when required, 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 August 10, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sincerely,
Angela Hammers
Environmental Specialist
Enclosure: Compliance Inspection Report
GDSlakh: S:1WQSISTORMWATERIINSPECT1041111.ju109
cc: John Hennessy(NPS-ACOU); Annie Drucker, PE, Carolina Site Design;
Beth E. Wetherill, NH County Engineering; Angela Hammers; WiRO; Central
Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Caro li n a
Intemet: www.nrwate;quality.org 'J, "
atmrn //„
An Equal OpportunitylAfirmativeAction Employer � �/ {iJ

STATE OF NoRTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PtrRWE
GOVMMR
June 4, 2009
Mr. Wayne Scott -President H.O.A
370 Hanna Drive
Wilmington, NC 213412
EUGENE A. CONTL JR.
SBCMARY
Subject: Request for Addition of Vallie Lane, Hanna Drive, Ulloa Place, Kathleen Drive
--........ and. Margttette.Qrlve Within the.Lake..I3rewste.r Subdivision ir1 New -Hanover
County to the State Secondary Road System Division File No. 1145-N
Dear Mr. Scott,
This office has received your petition requesting the Division of Highways to add the roadways
listed above to the State Highway System for maintenance in Lake Brewster Subdivision in New
Hanover County. The Division of Highways (DOH) requires that the following standards be
complied with before a subdivision street may be added to the State System:
On .tune 16, 2006 "Caroilna Site Design, Inc.' was provided with a deficiency letter (A
copy of the letter is provided for your convenience) which detailed that construction
methods did not comply with NCDOT requirements as outlined within the approved
preliminary plans dated (Phase I -August 24, 2005 and Phase II -January 25, 2006),
specifically noted are the drainage box structures and drainage castings. A follow up
inspection along these two phases conducted in May 2009 confirmed that all of the
concerns referred to remain the saute as mentioned within the ,June 16, 2006 letter.
2. All encroachments for utilities within the rights -of way have not been received.
After an investigation of your petition by inspectors of the DOH, it has been determined that the
roadways listed do not meet the standards for addition to the system at this time. The standard(s)
which have not been met are listed above. Therefore this letter serves as notification that the
petition for road addition has been denied. If there are any questions concerning this action,
please contact John Diaz at 910-251-2655.
Sinc ely,
Aill GU.
Anthony
District Engineer
ALWljdd
CC: Al Edgerton -Division Staff Engineer
Sam Burgess, New Hanover County Planning
300 DNision Drive, Wilmington, N.G. 21MI [phone] Fax: [phone]

STATE OF NORTH CAROLiNA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DMSiON OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
June 16, 2006
Carolina Site Design, Inc
P.O: Box 538 -
North Myrtle Beach, SC 29597
Attn: Nfs. Arnie Drucker
Subject: Basic Letter
Phase I&H Lake Brewster Subdivision
Dear Ms. Drucker,
This is to advise you that ail on -site investigation for a basic letter for Phase I and II Lake
Brewster Subdivision has been completed. Our investigation concluded that non-standard
frames and grates have been installed within the public right of way and drainage structures
were not built to comply with NCDOT standards_
I have spoken with Mr. David Greene with our Materials and Test Unit in Raleigh and he
concurred that foreign castings have not been tested or approved by NCDOT for at least
three years.
As noted in the Preliminary Plan Approval letters dated August 24, 2005 and January 25,
2006 All work and raterials shall be in - accordance with the current edition of the
following: the Subdivision Roads Manual, the NCDOT Slandard Specifications for Roads
and Structures, the NCDOT Roadway Standard Drawings, and the Manual of Uniform
Traffic Control Devices (MUTCD).
300 Division Drive, Wilmington, N.C. 28401 [phone] Fax: [phone]

Therefore it has been determined by this department that Phase I&II Lake Brewster
Subdivision does not qualify for a basic letter at this time. if there are any questions
concerning this action, please contact this office @ 910-251-2655.
Sincerely,
.W O/Uj
Anthony W. Law
District Engineer___
AWL pp
cc: Joe Justice, Acting New Hanover County Maintenance Engineer
New Hanover County Planning
300 Division Drive, Wilmington, N.C. 28401 [phone] Fax: [phone]

CAROLINA
SITE DESIGN, iNc.
ENGINEERING � PLANNING
September 3, 2008
Mr. T. Jason Clark, PE
New Hanover County Engineering
230 Market Place Drive, Suite 160
Wilmington, NC 28403
Re: Lake Brewster
501 Vallie Lane
Federal Point Township, New Hanover County
ATC File #142/201-4/11/2005
Dear Jason:
i5 ll V E
D
n T 8 2008
ENGINEER NG DEPARTMENT
T�!
Enclosed please find one (1) set of revised Civil Design Drawings (Sheets C-5 through C-7), dated 4-14-
08, one (1) copy of the revised Stormwater Management Report, revised 9-2-08 and one (1) copy of
velocity/energy dissipater calculations for the side lot swales that were piped from Hanna Drive to the
southern property line ditch, dated 4-14-08.
The enclosed information is submitted in response to your July 24, 2008 letter. After construction of the
roads, drainage, water and sewer of the project was complete, the home builder piped the grassed swales
that were originally designed to convey the runoff from Hanna Drive to the southern property line ditch.
The enclosed calculations demonstrate the proposed velocities within the culverts and the appropriate
sizing of the outlet protection.
The enclosed plans have been revised to reflect the culverts that have been installed to replace the grassed
swales of the lots along Hanna Drive as shown in the original design.
The enclosed stormwater management report has been revised to include the discharge from Sycamore
Grove ponds I & 2. From the topographic information we obtained during design of our project and the
information Stroud Engineering, PA submitted to your office for approval, it is not evident that the runoff
from their property drained to the common ditch between the two projects. However, since they are now
discharging to the ditch, we have included their runoff through our detention pond to model current
conditions. Data regarding their project was taken from the "Storrwater Management & Erosion Control
Calculations for Sycamore Grove", prepared by Stroud Engineering, PA, dated 8/3/06. As can be seen on
Page 7 of the "Lake Brewster Stormwater Management and SedimentlErosion Control Narrative with
Calculations", dated 9-2-08 the Lake Brewster detention pond is restricting peak post developed flow to
peak predeveloped conditions.
843-280-5870 Post Office Box 538 843-280-5870
Office North Myrtle Beach, SC 29597 Facsimile

Mr. Jason T. Clark_. PE
1► September 3, 2008
Page 2
Please call if you have any questions or require additional information.
Sincerely,
Carolina Site Design, Inc.
(2, xt ���
Arnie S. Drucker, P.E.
Cc: Ms. Ardie Lupton, Willa Properties, Inc., w/enclosures

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-0 CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
November 23,.2008
N.ew FIanover.County. Engineering Department
230 Market Place Drive
Wilmington, NC 28405
Attn: Mr, T. Jason Clark, P.E. -
Re: Marquette Drive
Dear- Mr. Clark.
Pursuant an email that I received from you on August 20`I' of this year, I have
reviewed the improvements within the Marquette Road Right of Way. The issue that was
noted in that email is understood to be within the right of way recorded by Map Book 48,
Page 237 at the New Hanover County registry. The Final Plat of Lake Brewster, Phase 1
therein recorded, appears to dedicate the portion of the right of way adjacent lot 65 as
"Public". It is my understanding that the sub -divider, Willa Properties, Inc., would be
responsible for making improvements or providing bonding as is determined necessary to
complete the required improvements. The dedication as `Public" stipulates that the right
of -way .will be de-1 loped to North Carolina Department of Transportation, NCDOT,
Construction Stan1'rds for Subdivision Roads. "These construction standards prescribe
ihe' typical cross., section• for fifty feel wide public right of ways. The road shoulder
grading adjacent lot 65 is clearly -not per the NCDOT standard. The developer of
Sycamore Grove, the adjacent subdivision, did not record nor receive compensation for
improving the subject right of way. I contend that the issue you raised in the
aforementioned email is the responsibility of the sub -divider of Lake Brewster.
5Stroud
u,
Fel ress. Jr. PLS
Cc Schroeder Builders, LLC gineering. PA
Wayne Scott
Tint Rivenbark
.ItlF/;F p � C� � o d C�
FJmasterlpw6455 w'pd/t;asonclarkmarquetle.doc
107 COMMERCE ST. NOV 2 5 2046J-H
AZA TWO
SUITE B 102-D CINEMA DRIV Y. 24
GREENVILLE, NC 27858 WfLMINGTON, NC 284 3 MORE) -'-:AD CY, NC 28557
[phone] [phone] ENGINEERING DEPARTM15Ni i
7479

NEW HANOVER COUNTY
Engineering Department
230 Government Center Drive - Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone]
October 2, 2008
Carolina Site Design, Inc.
P.O. Box 538
North Myrtle Beach, SC 29597
Attn: Amie Drucker, P.E.
RE: Lake Brewster Subdivision
ATC File #142/201-4/11/2005
Dear Ms. Drucker:
Dennis J. thnat
Director
,tames P. lannucci, PE, CFM
Deputy Director/Chief Engi�zeer
We have reviewed the ATC application and submittal package for the above referenced project from Ms. Amie Drucker,
PE, Carolina Site Design, and are requesting additional information. We offer the following comments requesting
additional information:
1. On August 29, 20081 had a conversation with Ms. Ardie Lupton, she said that Willa Properties Inc. is no
longer the owner of Lake Brewster. However, we have no evidence of this and all permits are still in Willa
Properties name. Willa Properties Inc. is the responsible party until all permits have changed name and all
forms have been received by this office. Please submit the appropriately executed Application and the required
$100.00 name change fee.
2. The previously approved plans showed the existing property line ditch, ninrung parallel to Hanna Drive and
into the storm water pond, completely off of lot 125 and running through the wetlands. The newly submitted
plans show the centerline of this ditch/swale 35 feet inside of lot 125. This ditch/swale must be contained
within an appropriately sized drainage easement. Lot 125 has been recorded, sold and built -on without any
easement. This ditch/swale hasn't been shown in this location on any plans before now. An agreement with
the Lot 125 property owner must be reached allowing a drainage easement or other options must be explored.
This plan cannot be approved as is.
3. The proposed plans show unapproved piping shown within unrecorded drainage easements. These pipes must
be contained within appropriately sized drainage easements and the lots must be rerecorded with the drainage
easements. All of these lots are recorded, sold and built -on without drainage easements. A plan submittal to
the New Hanover County Planning Department is required to have these lots rerecorded.
4. Per Section 30.2.4 & 100, please provide a Storm Water Operation and Maintenance Plan/Schedule and
Agreement signed by the owner and notarized.
5. Per Section 30.3, please include executed Designer's and Owner's Certifications with original signatures on at
least one plan drawing sheet for the final submittal.
G. Please provide a schematic identifying each aspect of the model. As presented, the model is very difficult to
understand. Please note, the Pre -developed topo for Sycamore Grove shows that the site drained toward the
west northwest, toward the property line ditch.
7. The newly shown Swale segment running through lot 125 must be analyzed for the 25-year storm. This swale
wasn't included on the approved plans. The I-IGL for the 25-year storm must be contained within the banks.
The drainage area for this swale includes off site areas that previously drained to the ditch, including Sycamore
Grove,
8. Please provide an updated drainage area map. The submitted drainage area map is unchanged from the
previous approval. Many pipes and catch basins have been added to the plans since the original approval.
9. Please provide calculations demonstrating that the pond will drawdown within the required 2 to 5 day period.

'Page 2 October 2, 2008
`leis. Driscker, PE Lake Brewster
"�:. a
Carolina Site Design
These items must be addressed before the review and approval of the project can be completed. Also, a submittal to the
v TTecv.Hanover County Plan Wing Department will be required to have the newly shown easements and the impacted lots
rerecorded.
t Please be advised that any wetands impacts may require a separate permit from the appropriate governing ages -icy.
If you have any questions regarding the foregoing information, please contact our office.
Sincerely,
y T. a n
Sincerely,
PE
Project Engineer
CC Pile
Ms. Ardie Lupton, Willa Properties, Inc.
Ashley Turner Building Company

i r
i
NEW HANOVER COUNTY
Engineering Department Dennis J. Ihnat
230 Government Center Drive • Suite 160 Director
Wilmington, North Carolina 28403 James P. lannucei, PE, CFM
TELEPHONE (9I0) 798-7139 Deputy, Director/Chief Engineer
Fax [phone]
September 16, 2008
Ms. Ardie Lupton
Willa Properties, Inc.
P.O. Box 1104
Smithfield, North Carolina 27577
Fax: [phone]
RE: Lake Brewster Subdivision
ATC File # 142/201-4/ 11 /2005
Dear Ms. Lupton:
We have reviewed the ATC application and submittal package for the above referenced project from Ms. Arnie Drucker,
PE, Carolina Site Design, and are requesting additional information. We offer the following comments requesting
additional information:
During our August 29, 2008 conversation you said that Willa Properties Inc. is no longer the owner of Lake Brewster.
However, we have no evidence of this and all permits are still in Willa Properties name. Willa Properties Inc. is the
responsible party until the permit has changed names, Please submit the appropriately executed application, Operation
and Maintenance Agreement and the required $100.00 name change fee.
Several storm water and easement related issues exist at Lake Brewster. The project as currently constructed is in
violation of the New Hanover County issued Storm Water ATC. The below issues must be addressed and a plan of
action to remedy each must be received within 30 days to avoid permit revocation and further enforcement.
The newly proposed plans include a major swale/ditch on a previously recorded, sold and built -on lot. All
swales/ditches within the property limits must be within recorded drainage easements or in areas labeled as
common areas to be maintained by the HOA. The swale on Lot 125 cannot be approved by NHC without an
easement. An easement agreement must be reached between the Lake Brewster Owner/Responsible Party and
the individual Lot 125 property owner or other options must be explored.
Also, the new plans show unapproved piping and new drainage easements between existing and recorded lots
south of Hanna Drive. The new piping was installed in violation of the New Hanover County Storm Water
ATC. The easements shown around the new piping are not on the recorded plat. A plan submittal to the New
Hanover County Planning Department is required to have these lots rerecorded to include the easements.
You indicated to me on August 29, 2008 that Ashley Turner Building Company is the current owner and responsible
party. Ashley Turner Building Company is receiving a copy of this letter.
These items must be addressed before the review and approval of the project can be completed. If you have any
questions regarding the foregoing information, please contact our office.
Sincerely,
T. an Clark, PE
Pr ect Engineer
cc: File
Ashley Turner Building Company; 181 Cleveland Crossing Drive; Garner NC 27529
Ms. Amie Drucker, PE - Carolina Site Design

I ENGINEERING DEPARTMENT

Lake Brewster
Flume 1
Manning Pipe Calculator
Given Input Data:
Shape ...........................
Circular
Solving for .....................
Depth of Flow
Diameter ........................
1.5000 ft
Flowrate ........................
3.7400 cfs
Slope ...........................
0.0050 ft/ft
Manning's n .....................
0.0150
Computed Results:
Depth ...........................
0.8209 ft
Area ............................
1.7671 ft2
Wetted Area .....................
0.9897 ft2
Wetted Perimeter ................
2.4982 ft
Perimeter .......................
4.7124 ft
Velocity ........................
3.7.787 fps
Hydraulic Radius ................
0.3962 ft
Percent Full ....................
54.7260 %
Full flow Flowrate ..............
6.4373 cfs
Full flow velocity ..............
3.6428 fps
Critical Information
Critical depth ..................
0.7391 ft
Critical slope ..................
0.0071 ft/ft
Critical velocity ........ I ... ...
4.3130 fps
Critical area ...................
0.8672 ft2
Critical perimeter ..............
2.3343 ft
Critical hydraulic radius .......
0.3715 ft
Critical top width ..............
1 A998 ft
Specific energy .................
1.0427 ft
Minimum energy ..................
1.1086 ft
Froude number ................... 0.8202
Flow condition ..................
Subcritical
tmp#2.txt
Page 1

Lake Brewster
CB 39, 41 & 43
Manning Pipe Calculator
Given Input Data:
Shape...................
Solving for ............
Diameter ..............
Flowrate ...............
Slope....................
Manning's n ..........
... Circular
... Depth of Flow
.... 1.5000 ft
2.3000 cfs
0.0050 ft/ft
...... 0.0150
Computed Results:
Depth ...........................
0.6196 ft
Area ............................
1.7671 f:2
Wetted Area .... ........... ...-
0.6889 ft2
Wetted Perimeter ................
2.0940 ft
Perimeter .......................
4.7124 ft
Velocity ........................
3.3385 fps
Hydraulic Radius ................
0.3290 ft
Percent Full ....................
41.3057 %
Full flow Flowrate ..............
6.4373 cfs
Full flow velocity ..............
3.6428 fps
Critical Information
Critical depth ..................
0.5734 ft
Critical slope ..................
0.0066 ft/ft
Critical velocity ...............
3.7026 fps
Critical area ...................
0.6212 ft2
Critical perimeter ..............
1.9997 ft
Critical hydraulic radius .......
0.3106 ft
Critical top width ..............
1.4578 ft
Specific energy .................
0.7928 ft
Minimum energy ..................
0.8601 ft
Froude number ...................
0.8618
Flow condition ..................
Subcritical
tmp#3.tut
Page 1

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATEITIME �Zz�
NAME C�� Z �L REPRESENTING �cG�
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying_ We also have the responsibility
to the public to safeguard these records and to carry out our day-to-day program obligations.
Please read carefully the following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and_3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files' you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3_ You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5_per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
rev
2.
3.
4.
Z' /4' Z?:
Si9 naturelName of Firm or Business Dalte Aime In. Time Out
(Please attach business card to form if available)
# Copes: /0
Amt. Pd:

NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone]
May 30, 2008
Willa Properties, Inc.
P.O. Box 1104
Smithfield, NC 27577
Attn: Ms, Ardieth Lupton
IIE, (_:railing Permit 471-04, Revision #1
Lake Brewster
Dear Ms. Lupton:
Beth E. Wetherill, C.P.E.S.C.
Soil Erosion Specialist
This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be
acceptable.
Please rears the permit conditions carefully and return the signed original to our office and keep the
copy for your records.
Please be advised that a copy of the approved soil erosion plan and a copy of the issued grading permit
must be available at all times at the site.
New Hanover County's Soil Erosion and Sedimentation control program is performance oriented
requiring protection of the natural resources and adjoining properties. If following the commencement of the
project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County Soil
Erosion and Sedimentation Control Ordinance, this office may require revisions in the plan and its implementation
to insure compliance with the ordinance.
Recognizing the desirability of early coordination of sedimentation and erosion control measures,
preconstruction meetings are now required. These meetings should be held prior to any land disturbing activity
on site and should be attended by the grading contractor and job superintendent. Please contact this office to set
the date of the pre -construction conference at [phone]. This permit will not preclude any other permits or
approvals necessary for beginning or completing this development. It is the owner's responsibility to have all the
approvals or permits that are required prior to beginning construction. Approval of an erosion control plan is
conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations and rules.
Respectfully yours,
Beth Easley Wetherill
NHC Soil Erosion Specialist
cc: Arnie Drucker, PE, Carolina Site Design, Inc.
CDaVlC1 Cox,.DENRWQ _�
ED Beck, DENR WQ
James Iannucci, PE, NHC Engineering

I
Permit# GP 71-04
Revision #1
Permit for a Land Disturbing Activity
New Hanover County
Department of Engineering
230 Government Center Drive - Suite 160
Wilmington, North Carolina 28403
[phone]
As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance
This permit issued to Willa Properties, Inc. authorizes the development of 36 acres of land at Lake
Brewster in New Hanover County. This permit issued on January 28, 2008 is subject to compliance with the
application and site drawings, all applicable regulations and special conditions and notes set forth below. Any
plan modifications must be approved b. this prior to field changes.
It is understood by the applicant that a representative of New Hanover County's Engineering Department
may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Plan
and this permit must be available at all times at the site.
Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other
provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in
immediate legal action by the County to the limits prescribed by the Ordinance. If the measures outlined on the
approved Soil Erosion Plan and this Permit prove insufficient, additional Erosion Control measures can and will
be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other
permits or approvals necessary for beginning or completing this development. Approval of an erosion control
plan is conditioned on the applicants compliance with Federal and State laws, regulations and rules. It is the
Permittee's responsibility to obtain all necessary permits and approvals.
SPECIAL CONDITIONS
(THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS)
*All the soil erosion control measures will be installed as the site is cleared and maintained throughout
construction. These include two (2) construction entrances, silt fences, a 3:1 grassed swale #1 from the common
area to lot 74 and from lot 126 to the pond, a 2:1 grassed swale from lot 74 to lot 127, two (2) check dams, inlet and
outlet protection and modifications to the existing pond. Note: The southern realignment of the 2:1 and 3:1
grassed swale needs to be done immediately prior to disturbance of the adjacent lots to prevent off site
sedimentation.
**Revision #1, approved 5/30/2008, includes drainage changes and pipe additions with outlet protection."
*Tree Removal Permits must be acquired from the City of Wilmington and/or New Hanover County prior to
clearing the site.
*Silt fence stakes must be metal and will be placed six feet apart without wire reinforcement or eight feet apart
with wire reinforcement. Silt fence is not allowed as inlet protection.
*This permit does not preclude any permits or approvals which may be necessary such as DEM Water Quality,
C.A.M.A., the Corps of Engineers, DEM Solid Waste or any other agencies.
*No sediment shall leave the site.
*If plan revisions are necessary you must submit a copy to this office for approval prior to any field changes.
*If soil is removed from the site, it must be taken to an approved or permitted site to be identified to this office
prior to removal from the site.

(Continued) - Page Two
Permit # GP 71-04
Revision #1
*All City and/or County and State drainage and stormwater requirements will be adhered to.
*If these measures fail to adequately control erosion', more restrictive measures will be required.
*If any phase of grading ceases for more than 21 calendar days (all areas, including slopes), the site will be
temporarily stabilized.
*The approval of an erosion control plan is conditioned on the applicants compliance with Federal and State
Water Quality laws, regulations and rules.
*Note the enclosed NPDES information from the State for sites disturbing 1 acre or more and the required
rates for seed, lime, fertilizer and mulch in your seeding specifications.
*A pre -construction meeting is required prior to any activity on site. Please contact Beth E. Wetherill at (910)
798-7139 to set up this meeting.
-------------------------------------------------------------------------------------------------------------------------------------------
This Permit will expire one year from date of issue Acknowledgment of receipt of Permit
if no construction activity begin on site. This permit
may not be amended or transferred to another party
without approval of this office. Owner
Beth E. Wetherill, C.P.E.S.C..
Soil Erosion Specialist/New Hanover County
By (please print)
Signature

AUG-07-1996 06:22
P.01/01
MEMO
Date: April 14, 2008
To: David W. Cox
Division of Water Quality
Fax No. 910/350-2004
From: Ardle Lupton
Willa Properties, Inc.
Phone [phone]
Fax No. 919/934-9832
RE: Notice of Violation — Lake Brewster
Stormwater Permit No. SW8 041111
David:
Per our conversation of 4109/08 and today, we need to meet on site pertaining to
your comments regarding the swale between Lake Brewster and Sycamore
Grove. I thought we had clarified this situation last year and Arnie Drucker, our
Engineer, needs
Qsee" what you are referring to in your 3/14/2008 letter.
+o
With regards to piping between the lots, Ashley Turner Building Company
performed this work; however, Amie has prepared a revised drawing for New
Hanover County showing the revision and will share a copy for your file when we
are able to meet on site.
Please let me know at your earliest convenience; give me several days notice so
I can coordinate with Arnie Drucker.
Thanks!
cc: Arnie Drucker
TOTAL P.01

r�
o�o� W A r�9p�
`? , r
Michael F. Easley, Governor
William G. moss Jr., Secretary
?north Carolina Department of Environment and Natural Resources
R WE
March 14, 2008
CERTIFIED MAIL #7007 0220 0000 8222 7399
RETURN RECEIPT REQUESTED
Ms. Ardieth Lupton, Vice President
Willa Properties, Inc.
P.O. Box 1104
Smithfield NC, 27577
Subject: NOTICE OF'VIOLATION WITH INTENT TO ENFORCE
Lake Brewster Subdivision
Stormwater Permit No. SW8 041111
New Hanover County
Dear Ms. Ardieth Lupton:
Coleen H. Sullins Director
Division of Water Quality
On February 29, 2008, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vallie Lane, New Hanover County, North Carolina.
The inspection was performed to determine the status of compliance with. Stormwater Permit
Number SW8 041111, issued to you on November 24, 2004.
The project has been found in violation of Stormwater Permit Number SW8 041111 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to submit a plan revision for an alteration of the approved plan. 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. An inspection performed on February 29, 2008
revealed an unapproved section of the drainage swale located between
Sycamore Grove and Lake Brewster subdivisions. This drainage swale appears
to drain into the detention pond for Lake Brewster. The drainage ditch received
stormwater from the Sycamore Grove detention pond. The Lake Brewster
detention pond is not approved to receive offsite stormwater.
2. Failure to follow the Wet Detention Basin Operation and Maintenance
Agreement, An Inspection performed on February 29, 2008 revealed that
collection system maintenance has not been followed as required. Eroded areas
were witnessed on the pond slopes. The vegetation on the slopes was sparse
and over the maximum height of six inches.
To correct these violations you must
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
�' •` before April 14, 2008.
ej 2. Submit a modification or remove the unapproved drainage'swale that is routed
into the Lake Brewster detention pond forebay.
o`
Nr thCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwalernuality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper

September 26, 2007
Lake Brewster
Stormwater Permit No. SW8 041111
3. Repair eroded areas immediately, -re -seed as necessary to maintain good
vegetative cover, mow vegetative cover to maintain a maximum height of
six inches and remove trash as needed. Regularly inspect the collection
system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper function.
Failure to provide the "Plan of Action" by April 14, 2008, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David W. Cox at (910)
796-7215.
cerely,
Ed eck
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:1WQSISTORMWATINOTICE1041111.sep07
CC' Arnie Drucker, P.E.
New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
David Cox
Shelton Sullivan
Central Office
CNiRO=
U.S.
Postal
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CERTIFIED
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(L -- PO Box Na-tate,--- � .. K _ O
e d 11 G a-7 5 7 Page 2 of 2

JAN-27-1996 07=45
r
1
P.01/03
WILLA PROPERTIES, INC.
PO Box 1104
Smithfield, NC 27577
[phone] Phone
[phone] Fax
FAX TRANSMITTAL
TO:,Johnn(4 L-eg
COMPANY:
FAX NO. 9(()93 2,0 PHONE NO. `
0
FROM: Arlie Lupton
Wlla Properties, Inc.
Fax [phone] Phone [phone]
�)
SUBJECT, MCDVOa 1/ 1 oixtn) CIOLd cq
_ Z�3`J!�q
FAXING -�3 PAGES, INCLUDING THIS PAGE
IF YOU DO NOT RECEIVE THIS ENTIRE TRANSMITTAIo,
PLEASE CALL 919/934-5176. THANK YOU!
�-
���UDG.,

;BAN-27-1996 07:46 P.02iO3
�O�v �Vn�
William G. Russ 7r., 5ccrctary
rNorth Carolina Department of Environment and Natural Resources
Cnlccn H. Sullins Director
Division ur Water Quality
September 26, 2007
CERTIFIED MAIL #7005 0390 0001 3200 5298
RETURN RECEIPT REQUESTED
Ms. Ardieth Lupton, Vice President
Willa Properties, Inc.
P.O. Box 1104
Smithfield NC, 27577
Subject: NOTICE OF VIOLATION
Lake Brewster Subdivision
SYormwateir 7ermit'No.'SW8^041111
New Hanover County
Dear Ms_ Ardieth Lupton:
On September 25, 2007, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vallie Lane, New Hanover County, North Carolina.
The inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 041111, issued to you on November 24, 2004.
The project has been found in violation of Stormwater Permit Number SW8 041111 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to submit a plan revision for an alteration of the approved plan. 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. An inspection performed on September 25, 2007
revealed an unapproved section of the drainage swale located between
Sycamore Grove and Lake Brewster subdivisions. This drainage Swale appears
to drain into the detention pond for Lake Brewster. The drainage swale received
stormwater from the Sycamore Grove detention pond. The Lake Brewster
detention pond is not approved to receive offsite stormwater.
2. Failure to follow the Wet Detention Basin Operation and Maintenance
Agreement. An Inspection performed on September 25, 2007 revealed that
collection system maintenance has not been followed as required. Eroded areas
were witnessed on the pond slopes. The vegetation on the slopes was sparse
and over the maximum height of six inches.
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before October 25, 2007.
2. Submit a modification or remove the unapproved drainage swale that is routed
into the Lake Brewster detention pond forebay. talcm-rovor
North Carolina Division of Water Quality 127 Cardinal Drive E»xtcnsion Wilmington, NC 29405 Phone [phone] Cwtarner Service
Wilmington Regional Office Internet wwwwwatcratiallly.grgFax [phone] 1-877-623-6748
An Equal OpportunitylAfflmiaM Action Empiayer - 50% RecycleW10% Post Consumer Paper

JAN-27-1996 07:46 P.03iO3
September 26, 2007
Lake Brewster
Stormwater Permit No. SW8 041111
3. Repair eroded areas immediately, re -seed as necessary to maintain good
vegetative cover, mow vegetative cover to maintain a maximum height of
six inches and remove trash as needed. Regularly inspect the collection
system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper function.
Failure to provide the "Plan of Action" by October 25, 2007, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requestingAhat-the-Building Inspector consider -withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David W. Cox at (910)
796-7215.
Sincere ,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENBldwc-. S:IWQSISTORMWATINOTICE1041111.sep07
cc: Arnie Drucker, P.E.
New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
David Cox
Central Office _ ._ _.��._.....
_.. .
Page 2 of 2
TOTAL P.03

.. wr, ar�OF q n, Michael F. Easley, Governor
William G. Ross Jr_, Secretar}
CoNorth Carolina Department of Environment and Naturai Resources
Q Coleen H. Sullins Director
Division of Water Quality
September 26, 2007
CERTIFIED MAIL #7005 0390 0001 3200 5298
RETURN RECEIPT REQUESTED
Ms. Ardieth Lupton, Vice President
Willa Properties, Inc.
P.O. Box 1104
Smithfield NC, 27577
Subject: NOTICE OF VIOLATION
Lake Brewster Subdivision
Stormwater Permit No. SW8 041111
New Hanover County
Dear Ms. Ardieth Lupton:
On September 25, 2007, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vallie Lane, New Hanover County, North Carolina.
The inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 041111, issued to you on November 24, 2004.
The project has been found in violation of Stormwater Permit Number SW8 041111 issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to submit a plan revision for an alteration of the approved plan. No
homeowner/lot ownerldeveloper shall fill in, after, 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. An inspection performed on September 25, 2007
revealed an unapproved section of the drainage swale located between
Sycamore Grove and Lake Brewster subdivisions. This drainage swale appears
to drain into the detention pond for Lake Brewster. The drainage swale received
stormwater from the Sycamore Grove detention pondJhe LakeBrewster
detention pond is not approved to receive offsite stormwater.
2. Failure to follow the Wet Detention Basin Operation and Maintenance -
Agreement. An Inspection performed on September 25, 2007 revealed that
collection system maintenance has not been followed as required. Eroded areas
were witnessed on the pond slopes. The vegetation on the slopes was sparse
and over the maximum height of six inches.
' Jo correct these violations you must
u �
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before October 25, 2007.
2. Submit a modification or remove the unapproved drainage swale that is routed re
into the Lake Brewster detention pond forebay. 1�orthcarolina
.1vatura!!il
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.nc%vaterqualirv.ora Fax [phone]
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper

Ln
a
M
N
September 26, 2007
Lake Brewster
Stormwater Permit No. SW8 041111
3. Repair eroded areas immediately, re -seed as necessary to maintain good
vegetative cover, mow vegetative cover to maintain a maximum height of
six inches and remove trash as needed. Regularly inspect the collection
system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper function.
Failure to provide the "Plan of Action" by October 25, 2007, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David W. Cox at (910)
796-7215.
Sincere ,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:1WQSISTORMWATINOTICE1041111.sep07
cc: Arnie Drucker, P.E.
New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
CDavid-Cox
Central Office
WiRO
ge2of2

r ,
�oF wR AT, Michael F. Easley, Governor
C5 G William G. Ross Jr., Secretan'
CO Korth Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
September 26, 2007
CERTIFIED MAIL #7005 0390 0001 3200 5298
RETURN RECEIPT REQUESTED
Ms. Ardieth Lupton, Vice President
Willa Properties, Inc.
P.O. Box 1104
Smithfield NC, 27577
Subject: NOTICE OF VIOLATION
Lake Brewster Subdivision
Stormwater Permit No. SW8 041111
New Hanover County
Dear Ms. Ardieth Lupton:
On September 25, 2007, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vallie Lane, New Hanover County, North Carolina.
The inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 041111, issued to you on November 24, 2004.
The project has been found in violation of Stormwater Permit Number SW8 041111 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to submit a plan revision for an alteration of the approved plan. 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. An inspection performed on September 25, 2007
revealed an unapproved section of the drainage swale located between
Sycamore Grove and Lake Brewster subdivisions. This drainage swale appears
to drain into the detention pond for Lake Brewster. The drainage swale received
stormwater from the Sycamore Grove detention pond. The Lake Brewster
detention pond is not approved to receive offsite stormwater. an
2. Failure to follow the Wet Detention Basin Operation and Maintenance
Agreement. An Inspection performed on September 25, 2007 revealed that
collection system maintenance has not been followed as required. Eroded areas
were witnessed on the pond slopes. The vegetation on the slopes was sparse
and over the maximum height of six inches.
To correct these violations you must
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before October 25, 2007.
2. Submit a modification or remove the unapproved drainage swale that is routed
into the Lake Brewster detention pond forebay. lvonhcarohna
Xaturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 29405 Phone [phone] Customer Service
Wilmington Regional Office Internet: Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

September 26, 2007
Lake Brewster
Stormwater Permit No. SW8 041111
3. Repair eroded areas immediately, re -seed as necessary to maintain good
vegetative cover, mow vegetative cover to maintain a maximum height of
six inches and remove trash as needed. Regularly inspect the collection
system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper function.
Failure to provide the "Plan of Action" by October 25, 2007, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A.NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David W. Cox at (910)
796-7215.
Sincere ,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENBldwc- S:1WQSISTORMWATINOTICE1041111.sep07
CC' Arnie Drucker, P.E.
New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
David Cox
Central Office
C_— VCI.i 130=
Page 2 of 2

�\n/ 2005033893
FOR REGISTRATAP SMITH
OF DEEDS
REBECCNEW HANWER COUNTY, NC
2005 SEP 20 MICA AM
RAN PG,899-913 FEE:$53.00
NON 1WE
Mailed To
Return to: Ashley Turner Building Co., Inc., PO Box 996, Hampstead, NC 28443
Brief Description: Restrictive Covenants for Lake Brewster Subdivision (PB 48, pg 237-239)
DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS
FOR LAKE BREWSTER SUBDIVISION
NORTH CAROLINA
NEW HANOVER COUNTY
THIS DECLARATION OF RESTRICTIVE AND PROTEC 1VE COVENANTS made and
published this 15T day of September, 2005, by Ashley Turner Building Co., Inc. of Hampstead,
New Hanover County, North Carolina and Willa Properties, Inc. of Smithfield, Johnston County,
North Carolina.
WITNESSETH:
THAT WHEREAS, Willa Properties, Inc. of Smithfield, Johnston County, North Carolina, Is
the Owner of all that land designated and known as "Lake Brewster Subdivision" as shown on
that certain plat recorded in Plat Book 48, pages 237-239, in the office of the Register of Deeds
of New Hanover County, North Carolina and Ashley Turner Building Co., Inc. of Clayton, Johnston
County, North Carolina, hereinafter "Developer" Is contracted to purchase all lots within said
subdivision.
WHEREAS, the Developer wishes to assure proper development, reasonable use and
maintenance of value In the Subdivision by beneficial property restrictions enforceable by the lot
owners;
WHEREAS, the Developer has incorporated or will incorporate under the laws of the State
of North Carolina, as a non-profit corporation, LAKE BREWSTER HOMEOWNERS ASSOCIATION,
INC., for the purposes of exercising the functions aforesaid and more fully described
hereinbelow.
NOW, THEREFORE, for and in consideration of the premises and the benefits to be
derived by Developer and each and every subsequent owner of any of the lots In the Subdlvlslon,
Developer covenants and agrees with all person, firms and corporations now or hereafter owning
or acquiring any of the numbered lots I through 137 in the Subdivision, hereinafter called "Lots",
that all of said Lots and all of the lands within the boundaries of the Subdivision are made subject
to the following restrictive and protective covenants running with the land by whomever owned:

ARTICLE I
DEFINITIONS
1.1 "ArticEes" means the Assodation's Article of Incorporation.
1.2 "Association" means LAKE BREWSTER HOMEOWNERS ASSOCIATION, INC., A North Carolina
non-profit corporation.
1.3 "Board of Directors" means the Board of Directors for the Association.
1.4 "Bylaws" means the Associations bylaws.
1.5 "Common Area" means all real property which is owned or leased by, or located in an
easement granted to or reserved by, the Association and which has been designated by the
Owner, the record owner of newly annexed land, or the Association as "Common Area",
"Open Space", or some other similarly descriptive term, on a recorded plat, In a Declaration
of Annexation, or In a deed or other written Instrument for the common use and enjoyment
of the Members of the Association. Common Area shall also mean and Indude the following:
(a) all personal property owned or leased by the Association and designated for the common
use and enjoyment of the Members of the Association; and (b) the following Subdivision
Improvements which are not otherwise dedicated to and accepted by the governmental
entity or serving only a single Lot: (1) slgnage, and (il) water and sewer lines. All Common
Area shall be subject to the terms and conditions of this Declaration.
1.6 "Dedarant" means Ashley Turner Building Co., Inc., a North Carolina Corporation, and its
successors and assigns to whom the rights of Declarant hereunder may be transferred in
whole or In part, and subject to such conditions as Dedarant may impose, if such successors
or assigns acquire more than one undeveloped lot. The development of a Lot shall mean
and refer to the construction of Improvements thereon.
1.7 "Declaration" means this Declaration of Restrictive and Protective Covenants applicable to
the Property, and any amendments thereto which are recorded in the Office of the Register
of Deeds, New Hanover County, North Carolina.
1.8 "Improvements" means any structure of any type or kind and all exterior modifications
thereof, including, without limitation, buildings, outbuildings, parking areas, loading areas,
screening walls, retaining walls, fences, hedges, mass plantings, laws, sidewalks, poles,
signs, and utility lines and facilities.
1.9 "Lot" means any numbered or lettered parcel of land (excluding Common Area) shown on
any plat, described by a metes and bounds description, recorded in the Office of the Register
of Deeds, New Hanover County, North Carolina, which is made subject to this Declaration, as
it may be amended.
1.10 "Lot In Use" means any Lot which has been conveyed by the builder of the Initial
Improvements thereto to a subsequent purchaser. Except, in the event the Lot is a vacant
lot, the Lot does not become a Lot in Use until such time as a certifkate of occupancy for
Improvements on the Lot is initially granted or twelve (12) months from the date of
conveyance, whichever is earlier. In no event shall it mean a Lot owned by the Declarant on
which no Improvement have been constructed.
1.11 "Member" means every Person who holds membership in the Association.

1.12 "Owner" means the record owner, whether on or more Persons, of a fee simple title to any
lot, except those having an interest merely as security for the performance of any obligation.
1.13 "Person" means an Individual, a trust, an estate, a domestic corporation, a foreign
corporation, a professional corporation, a partnership, a limited partnership, a limited liability
company, an unincorporated association, or other entity.
1.14 "Property" is as defined above, but shall also include any annexations thereto of the real
property described In Article I1I.
1.15 "Subdivision" means LAKE BREW57R SUBDIVISION, as shown on the recorded subdivision
plats of the Property.
ARTICLE II
MERGERS
Upon a merger or consolidation of the Association with another organization, as provided
for in its Bylaws, the Associations` properties, rights and obligations may be transferred to
another surviving or consolidated homeowners association or, alternatively, the properties, rights
and obligations of another homeowners association may, by operation of law, be added to the
properties, rights and obligations of this Association as a surviving corporation pursuant to a
merger. The surviving or consolidated homeowners association may administer the Covenants
and Restrictions established by this declaration, together with the covenants and restrictions
established for any other properties as one scheme. No such merger or consolidation shall,
however, effect any revocations, changes or additions to the Covenants and Restrictions, as the
same may be amended, established by this Declaration within the Property, except as hereinafter
provided.
ARTICLE III
ANNEXATION OF ADDITIONAL PROPERTIES
3.1 Annexation by Members. Except as provided in Section 3.2, and subject to the approval, as
may be required, of any governmental authority having jurisdiction over the Property,
additional properties may be added and annexed to the Property only If two-thirds (2/3) of
each class of all the votes entitled to be cast in such class by Members are cast In favor of
annexation. The annexation will be accomplished by recording with the appropriate
Register of Deeds a Declaration of Annexation, duly executed by Members comprising no
less. than two-thirds (2/3) of each class of Members entitled to cast votes In favor of
annexation describing the lands annexed and Incorporating the provisions of this
Declaration. No other action or consent shall be necessary. For the Purpose of such
meeting, the presence of Members or authorizing proxies entitled to cast sixty percent
(60%) of the votes of each class of Members shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be called within sixty (60)
days thereafter, subject to the notice requirement set forth in Section 7.6 hereof, and the
required quorum of such subsequent meeting shall be one-half (1/2) of the required quorum
of the preceding meeting. If a quorum is present and a majority of the votes area cast In
favor of the annexation, but the majority is less than the two-thirds (2/3) majority of each
class required for approval of the annexation and It appears that the required two-thirds
(2/3) of each class may be achieved if the Members not present or voting by proxy assent
to the annexation, then and in that event, the Members not present or voting by proxy may

assent to or dissent from the proposed annexation in writing within one hundred twenty
(120) days following the date of the meeting at which said Member Is entitled to vote either
in favor of or against the annexation. If the number of votes cast at the meeting In favor of
the annexation, together with the votes deemed to have been cast by Members assenting to
the annexation, shall constitute the requisite two-thirds (2/3) majority of each class of all
votes entitled to be cast, the annexation shall stand approved. .
3.2 Annexation by Declarant. If within ten (10) years from the date the Association is
incorporated Declarant develops additional land located adjacent to or across a public or
private street from the Property, and any property adjacent thereto or across a public or
private street therefrom which Is annexed thereto in accordance with the provisions hereof,
Declarant may annex such land to the Property without the consent of Members. The
annexation will be accomplished by recording with the appropriated Register of Deeds a
Declaration of Annexation, duly executed by Declarant, describing the lands annexed and
incorporating the provisions of this Declaration. No other action or consent shall be
necessary.
3.3 Conveyance of Common Area. Subsequent to recordation of the Declaration of Annexation,
but prior to conveyance of the first Lot within the newly annexed property, whichever shall
first occur, Declarant or any other record owner of newly annexed land shall deliver to the
Association, in accordance with Section 6.3, one or more deeds conveying any property that
will be designated as Common Area within the annexed property as such designated
property is platted.
ARTICLE IV
MEMBERSHIP
Ownership of a Lot shall be the sole qualification for membership In the Association. The
Association's Board may make reasonable rules relating to the proof of ownership of a Lot.
Membership shall be appurtenant to and may not be separated from ownership of any Lot.
ARTICLE V
VOTING RIGHTS
The Association may have the following two (2) classes of voting membership:
(a) Class A Members shall be all Owners, Except Declarant. Declarant shall, however, be a Class
A Member upon the termination of Class B membership. Class A Members shall be entitled
to one vote each Lot owned. When more than one Person holds an Interest In any one Lot,
all such Persons shall be Members, and the vote for such Lot shall be exercised as the
majority of such Persons among themselves determine; but in no event may more than one
(1) vote be cast with respect to any lot.
(b) The Class B Member shall be the Declarant. The Class B Member shall be entitled to three
(3) votes for each Lot owned. The Gass B membership shall cease and be converted to
Gass A membership on the happening of one of the following events, whichever occurs first:
(€) Declarant's written consent to termination; or
(ii) When the total votes outstanding in Class A equal the total votes outstanding in
Class B [provided, however, that Dedarant shall retain its architectural review

and approval rights until the Class 8 membership is terminated in accordance
with either Section 5.1(b)(1) or (iii); or
(lii) Ten (10) years following the date of incorporation of the Association.
Notwithstanding anything contained in sub -paragraph (i) and (11) above to the contrary,
the Class B membership shall be reinstated if, after the events described in sub -paragraphs (1)
and (ii) above, and before the time stated in sub -paragraph (iii) above, Declarant annexes
additional lands to the Property without the assent of the pass A Members, as provided for in
Section 3.2 of the Declaration.
ARTICLE VI
PROPERTY RIGHTS IN COMMON AREA
6.1 Every Member shall have a right and
easement of use and enjoyment in and to the Common Area (the "Owner's Easement"),
together with and including the right of access, ingress and egress, both pedestrian and
vehicular, on and over the drives, walkways and parking areas, if any, of the Common
Area. The Owner`s Easement shall be appurtenant to and pass with the title to every
Lot, subject to the following provisions.
a) Subject to the legal requirements of any governmental authority having
Jurisdiction over the Property, the right of the Association to charge
reasonable admission and other fees for the use of any recreational or other
facility situated upon the Common Area.
b) The right of the Association, in accordance with Its Articles and Bylaws, to
Impose rules and regulations for the use and enjoyment of the common Area
and the Improvements related thereto, which rules and regulations may
further restrict the use thereof. The Association's Board of Directors shall
have the right to suspend the voting rights and right to use the recreational
or other Common Area facilities by an Owner, with notice and a hearing, for
any period during which any assessment against such Owner's Lot remains
unpaid, and for a period not to exceed sixty (60) days for any infraction of its
published rules and regulations; and any such suspension shall apply to any
Person delegated the right to use and enjoy the Common Area and
Improvements by the suspended Owner.
c) The right of the Association to dedicate, sell 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. No
such dedication, sale or transfer shall be effective unless it has been
approved by two-thirds (2/3) of each class of Members and an instrument
properly executed by the Association has been recorded In the New Hanover
County Registry. On such instrument the Secretary of the Association shall
certify that two-thirds (2/3) of each class of Members have approved the
dedication, sale or transfer and that certificate shall be conclusive as to any
grantee or its assigns; provided, however, that conveyances for general
utility purposes as specified herein may be made without consent of the
Members. Any dedication of transfer shall be made subject that portion of
the Owners' Easement providing for access, ingress and regress to public
and private streets and walkways.
d) The Association shall have the right to exchange Common Area for other
properties, subject to the approval, as may be required, of any governmental
authority having jurisdiction over the Property.
e) The right of the Association, in accordance with its Articles and Bylaws, to
borrow money for the purpose of improving the Common Area, and the

Improvements related thereto and, in aid thereof, to mortgage and
properties, and the rights of such mortgagees In said properties shall be
subordinate to the rights of the Association and the Members hereunder.
f) The right of the Association to grant and/or establish upon, over, under and
across the Common Area further easements (Including, without limitation,
those provided herein) as may be necessary for the convenient use and
enjoyment of the Property.
6.2 Delegation of Use. Except as may be specifically limited herelnbelow, any Owner of a Lot
may delegated, in accordance with the Bylaws, its right of use and enjoyment to the
Common Area and Improvements related thereto to the members of its family, its
guests, its tenants, or contract purchases who reside on such Owner's Lot.
6.3 Title to the Common Area, Prior to the conveyance of the first Lot within the Property,
Declarant shall dedicate and convey to the Association (by deed without warranty at
Declarant's option) fee simple tide to all real property portions of the Common Area to
the Association, free and clear of all encumbrances and liens, other than the lien of: (i)
current taxes and assessments not In default; (il) utility, drainage, and greenway
easements, and other easements and encumbrances not constituting a lien to secure the
payment of money; and (III) the terms and conditions of this Declaration, Including any
amendments thereto and any applicable supplemental Declaration of Annexation.
ARTICLE VII
COVENANT FOR MAINTENANCE ASSESSMENTS
7.1 Dedarant, for each Lot owned within the Property, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, Its deemed to covenant and agree to pay to the Association: (a) annual assessments
or charges (the "Annual Assessments") and (b) special assessments for extraordinary
maintenance and capital improvements (the "Special Assessments"), all as hereinafter
provided (collectively, the "Assessrents"; and each an "Assessment"). The Assessments
shall be set on a calendar year basis (the "Annual Assessment Period') by the Board of
Directors and may be collected on a monthly, quarterly, semiannual or yearly basis, as
determined by the Board of Directors. The Assessments shall be charged to each Owner of
a Lot In Use. The Assessments, together with Interest, late fees, and costs of collection
(including reasonable attorneys' 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 the delinquent Assessments shall not pass to such Owner's successors In title
unless expressly assumed by them. The Association shall also have the authority, through
the Board of Directors, to establish, fix and levy a Special Assessment on any Lot to secure
the liability of the Owner thereof to the Association arising from breach by such Owner of
any of the provisions of this Declaration.
Each Owner covenants for itself, Its heirs, successors and assigns, to pay each Assessment
levied by the Association on each Lot conveyed to such Owner within ten (10) days of
receipt of an Invoice for the same; and if such charge shall not be paid within thirty (30)
days from the date that the invoice Is deposited, postage prepaid, In the United States mall,
in an envelope addressed to such Owner at its address as It appears on the books of the
Association or to such other address as the Owner shall have designated in writing, the
amount of such charge shall become a lien upon such Lot and shall continue to be such a
lien until fully paid.

7.2 Pgrpose of ALcMsmenb, The Assessments shall be used exclusively for the purposes of
promoting the beautification of the Property, the recreation, health, safety and welfare of
the Owners, and the Improvement, maintenance and repair of the Common Area and
Improvements related thereto. Expenses to be funded with the Assessment (the "Common
Expenses'l shall include, without limitation, taxes and assessments levied against the
Common Area, all insurance premiums required hereunder (including, without limitation,
casualty, liability and fidelity bond premiums), Association operational costs, management
fees, if any, the enforcement of this Declaration and the rules of the Association, the
employment of counsel, accountants and other professionals for the Association when
necessary, the cost of landscaping, maintaining and repairing the Common Area, the
bidding at foreclosure sales as set forth in Section 7.9, and the cost of such other needs as
may arise. The Assodation may maintain a reserve fund for periodic maintenance, repair
and replacement of the Common Area and the Improvements thereto.
7.3 Annual Assessments.
a) On or before December 1t of each year, the Board of Directors shall adopt the Budget
(as defined below) for the upcoming Annual Assessment Period. The annual budget for
the Association shall Indude all anticipated revenues (including revenues from Annual
Assessments to be charged in the next Annual Assessment Period — the "Anticipated
Annual Assessment") and anticipated costs for the Association for the upcoming Annual
Assessment Period (together the "Budget"}. The Anticipated Annual Assessments for
the approved Budget shall be the basis for calculating the Annual Assessment to be
charged each Owner for the upcoming Annual Assessment Period.
b) Notwithstanding the above to the contrary:
(i) Through and Inducting January 1 of the year Immediately following the
conveyance of the first Lot to an Owner, the maximum Annual Assessment
per Lot shall not exceed Two hundred forty dollars and no/100 ($240.00)
per Lot in Use.
(il) An annual Increase shall not be more than ten percent (10%), except by
approval of at least two-thirds (2/3) of the votes of each class of Members
who are voting In person or by proxy at a meeting called for this purpose.
The provisions of this subsection shall not apply to, nor be a limitation
upon, any change in the maximum annual assessment undertaken as an
Incident to a merger or consolidation in which the Association Is authorized
to participate under this Declaration or its Articles or Bylaws.
(111) Subject to the provisions of this Article VII, the Board of Directors may fix
the Annual Assessment at any amount not in excess of the maximum
Annual Assessment allowed for the applicable calendar year.
7.4 WorkingCaQital, In addition to the regular Assessments to be charged and paid hereunder,
each Lot Owner shall, at the time of the initial sale of each Lot by Dedarant to that Lot
Owner, pay to the Association a sum equal to two (2) months Assessment on that Lot as
additional working capital of the Association. These amounts need not be segregated, but
may be commingled with regular Assessment funds. This working capital Assessment shall
be paid by the Lot Owner notwithstanding the fact that Declarant may have made prior
regular Assessment payments to the Association on the Lot being sold in accordance with
the provisions hereof.
7.5 Special Assessments for Capital „Improvements In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the purpose of defraying, In whole or in part, the costs of
any construction, reconstruction, restoration, repair or replacement of a capital -

Improvement upon the Common Area, or any other unexpected expense for which the
Association is responsible, provided that, any such assessment shall have the assent of
sixty-seven percent (67%) of the votes of each class of Members who are voting In person
or by proxy at a meeting duly called for this purpose.
7.6 Notice and Ougi;uu_fQr Any Action AuthQfjzed Under Sections 7.3 and 7.5. Written notice of
any meeting called for the purpose of taking any action authorized under Sections 7.3 and
7.5 shall be delivered to all Members entitled to vote not less than ten (10) days nor more
than sixty (60) days In advance of the meeting. If mailed, such notice shall be deemed to
be delivered two (2) calendar days after being deposited in the United States mil, addressed
to the Member at Its address as it appears on the books of the Association, with postage
thereon prepaid. At the first such meeting called, the presence of Members or of proxies
entitled to cast sixty percent (60%) of all 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 sixty (60) days following the preceding meeting.
7.7 Uniform Rate of Assessment. Both Annual and special assessments must be fixed at a
uniform rate for all lots and may be collected on a monthly basis. Notwithstanding
anything to the contrary contained hereinabove, the assessment for Lots for which dwelling
construction has been Initiated and a certificate of occupancy for Improvements located
thereon has not yet been issued shall be one-third (1/3) of the regular assessment for
developed Lots.
7.8 Date of Commencement of Annual Assessment/Due Date, The Annual Assessments shall
commence as to a Lot on the first day of the month following the date it becomes a Lot in
Use. The first Annual Assessment shall be adjusted according to the number of months
remaining in the calendar year. Written notice of the Annual Assessment shall be sent to
every Owner subject thereto at least fifteen (15) days in advance of each Annual
Assessment Period. The due date of the Annual Assessment shall be January 15 or as
otherwise established by the Board of Directors. The Association shall, upon demand at any
time, furnish a certificate in writing signed by an officer of the Association setting forth
whether the Assessment on a specified Lot have been paid. A reasonable charge may be
made by the Board for the Issuance of these certificates. These certificates shall be
conclusive evidence of payment of any Assessment as to third parties acting in reliance on
the statement
7.9 Etfect of Nonvment_of Assessme : ReD20ies of the Association. Any assessments,
which are not paid when due, shall be delinquent. The Association shall have the option to
declare the outstanding balance of any assessment due and payable if any installment
thereof becomes delinquent. If the assessment is not paid within thirty (30) days after the
due date, the assessment shall incur a late charge of $2S.00 and bear interest from the
date of delinquency at the rate of twelve percent (12%) per annum or the highest rate
allowed by law, whichever is less, and the Association may bring an action at law against
the responsible Owner and/or foreclose the lien against the applicable property. Interest,
costs, and reasonable attorney fees of any such action shall be added to the amount of the
delinquent assessment. Each Owner, by acceptance of a deed to a Lot, expressly vests in
the Association, its agents, or assigns, the right and power to bring all actions against the
Owner personally liable for the collection of a debt and to enforce the lien by all methods
available for the enforcement of such liens, Including foreclosure by an action brought in
the name of the Association in a like manner as a mortgage or a deed of trust lien on real
property. Each Owner also expressly grants to the Association a power of sale in

connection with foreclosure of a lien for Assessments. The lien provided for in this Article
VII shall be in favor of the Association acting on behalf of the Owners, which shall have the
power to bid at foreclosure and to acquire and hold, lease, mortgage and convey the
foreclosed property. No Owner may waive or otherwise escape liability for assessments by
non-use of the Common Area or by abandonment of said Owner's property.
7.10 Subordination Qf the Lien of Assessment Ig Mortgages and Ad Valorem Taxes. The lien of
the assessment provided for herein shall be subordinate to the lien of any first mortgage (or
deed of trust) and ad valorem taxes. Sale or transfer of any Lot shall not affect the
assessment lien. However, the sale or transfer of any Lot pursuant to such mortgage or tax
foreclosure, or any proceeding in lieu thereof, shall extinguish the lien of such assessments
as to payments, which became due prior to such sale or transfer. No sale or transfer shall
relieve the Owner of any such Lot from liability for any assessments thereafter becoming
due or from the lien thereof.
7.11 Exempt Progggv_. All properties dedicated to and accepted by, a local public authority, the
Common Area and all properties owned by a charitable or non-profit organization exempt
from taxation by the laws of the State of North Carolina shall be exempt from the
assessments created herein. However, no land or Improvements devoted to dwelling use
shall be exempt from such assessments.
ARTICLE VIII
ARCHITECTURAL CONTROL AND USE RESTRICTIONS
8.1 Residentigl Use,
a) All lots shall be used for residential purposes only; no home business or occupation shall
be permitted.
b) No building, structure or living quarters shall be erected, altered, placed or permitted to
remain on any lot other than one detached single-family dwelling not exceeding two (2)
stories in height and one or more small accessory buildings such as a detached private
garage (but not garage apartment), provided that no accessory building shall be
constructed or placed prior to construction of the dwelling and that no building shall be
used for any activity normally conducted as a business. Only one residence or dwelling
shall be permitted on any one lot.
c) No mobile home or similar mobile dwelling, trailer, tent, shack, garage, barn, outbuilding
or structure of a temporary character shall be used on any lot at any time as a residence
or for living quarters, either temporarily or permanently. No mobile home, movable
dwelling, trailer, habitable motor vehicles, camper or like vehicle shall be parked, stored
or permitted to remain on any lot at any time for any purpose, except that after a
residence is erected on any lot, a trailer, camper or similar vehicle may be parted on a
portion of the Lot away from the street behind the front building line and more that ten
(10) feet from any Lot line.
8.2 Bullding-and Sit�UlLcm4
a) No dwelling shall be erected or permitted on any Lot unless It has the minimum required
square footage of enclosed dwelling area of no less than 1,200 square feet. The term
"enclosed dwelling area" as used herein means that the total enclosed area within a
dwelling, but not including garages, terraces, decks, open porches, steps and like areas.
b) No building shall be located on any lot nearer to the front lot line, the side lot lines or the
back lot line than any minimum setback lines shown on the recorded plat of the
subdivision. If the plat does not show minimum set -back lines, or in case of any doubt,
no building shall be located on any lot nearer than 20 feet to the front lot line, nearer
than 20 feet to any side street line, nearer than 10 feet to any other side lot line, or

or his tenant. The continuing monthly payment may be terminated at any time upon
payment of a one-time charge subject to the then applicable regulations approved by the
state regulatory authority. The subdivision property may also be subjected to a contract
with Progress Energy or any other utility company for the installatlon of street lighting
which requires a continuing monthly payment.
c) All roadways have been constructed in compliance with the North Carolina Department of
Transportation guidelines and specifications. The roadways have been conveyed to the
NCDOT and accordingly, will be maintained by the State. All driveway culverts, if any,
adjoining state roads must be approved by the North Carolina Department of
Transportation prior to Installation.
8.5 Coastal Stormiyatet Manaaerng tgtR-gulatio %
a) The following covenants are Intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8041111, as Issued by the Division of
Water Quality under 15A 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 plan may not take place without the
concurrence of the Division of Water Quality.
f) The maximum allowable build -upon area per lot is 4,050 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement.
Built upon area includes, but is not limited to structures, asphalt, concrete, gravel, brick,
stone, slate, coquina, and parking areas, but does not Include raised, open wood
decking, or the water surface of swimming pools.
g) All runoff from the built upon areas on the lot must drain into the permitted system. This
may be accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect lot
runoff and directing them into the stormwater system or Into the street. Lots that will
naturally drain Into the system are not required to provide these additional measures.
SECTION IX
TERMS AND ENFORCEMENT
9.1 All covenants, restrictions and affirmative obligations set forth herein shall run with the land
and shall be binding upon all parties and persons claiming under them, Including but not
limited to the successors and assigns of the Developer, for a period of ten (10) yeas from
the date hereof, after which time all said covenant shall be automatically extended for
successive periods of ten (10) years, unless an instrument signed by a majority of the then
owners of lots (not including mortgages or trustees under deeds of trust) substantially
affected by such changes In covenants, agreeing to change said covenants In whole or in
part, has been recorded In the New Hanover Registry.
9.2 If, at a future date, there is a change to the Restrictive and Protective Covenants, the
changed said covenants shall include the current Coastal Stormwater Management
Regulations in accordance with Title 15 NCAC 2H.1000.

9.3 In the event of any actual or threatened violations or breach of any of these restrictive
covenants by any lot owner or other person, then the Developer or the owner of any Eat In
the subdivision, or any of them jointly or severally, shall have the right to proceed at law or
equity to compel compliance with the terms hereof or to prevent the violation or breach or
to obtain other suitable remedies.
9.4 The invalidation by any court, agency or legislation of any provision of these restrictive
covenants shall in no way affect any of the other covenants which shall remain In full force
and effect.
9.5 For public record and as recorded on the Subdivision Plat, portions of this site have been
previously mined for sand under NCDENR Permit No. 65-17 and have been utilized as a
temporary land Gearing Debris Treatment & Processing Facility under NCDENR Notification
No. T&P65-004. Phase I and Phase II environmental audits have been performed to ensure
no environmental hazards exists.

IN WITNESS WHEREOF, the aforementioned have caused this declaration to be executed
in its names on the day and year first above written.
ATTEST, j
ATTEST: iVri-S11A OJ.AZ.
NORTH CAROLINA
JOHNSTON COUNTY
WILLA PROPERTIES, INC.
BY'
Wilson Earl Blackmon, President
ASH TURNER BUILDING CO., INC.
I
On
By. ,
Deborah Johnson, Vice Pres161t
1, Ardieth Gall Luptog a Notary Public of the County and State afores � t
Wilson Earl Blackmonpersonally appeared before me this day and stated that; 'F•,,
Willa Prooerties. Inc. and acknowledged the due execution of the f R
Covenants. �pTA,gr boy
Witness my hand and official seal, this the 15` day of September, 2U(I. U
°y P(JE G =
My Commission Expires: 6/21/2008
Ardieth Gale Lupton, Nota b ' "'q
***************************
NORTH CAROLINA
JOHNSTON COUNTY
I, Ardleth Gale Lupton, a Notary Public of the County and State afo
DeWrah Johns= personally appeared before me this day and stated that sinu
of g�eyTurnerBuilding Co,. Inc. and acknowledged the due executiofRestrlcdve Covenants.0
Witness my hand and official seal, this the 1¢ day of September, 200A2;
My Commission Expires: 6/21/2008 -CU °� J/ <VU-x
Ardieth Gale Lupton,

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate(s) of ARDIETH GALE LUI'TON, Notary Public is certified to be
correct. This Instrument was presented for registration this day and hour and duty recorded in
the office of the Register of Deeds in New Hanover Go., NC in Book _ , Page
This day of , 2005 at am/pm.
Register of Deeds
BY , Deputy

I
f..
wu
W
N
M
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 09/20/2005 08:34:46 AM
Book: RE 4906 Page: 899.913
Document No.: 2005053895
DECL 15 PGS $53.00
Recorder: NANCY A SCOTT
State of North Carolina, County of New Hanover
The foregoing certificate of ARDIETH GALE LUPTON Notary Is certified to be correct. This 20TH of September
2005
RE B A P. SMITH , REGISTER OF DEEDS
all:
Deputyl4sekstard 11961sterf DeeAAj
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2005053895*
2005053895

4
State Stormwater Management Systems
Permit No. SW8 041111
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Ardieth Lupton & Willa Properties, Inc.
Lake Brewster Subdivision
Vallie Lane, New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until November 24, 2014 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 1.5 on page 3 of this permit. The subdivision is
permitted for 137 lots, each allowed 4,050 square feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 041111
5. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres: 36.06
Onsite, ft2: 1,570,808
Offsite, ft2: 0
b. Total Impervious Surfaces, ft2: 768,270
137 Lots at 4,050 ft2: 554,850
Roads/Parking, ft2: 187,860
Other, ft2: 25,560
Offsite, ft2: 0
C. Pond Depth, feet:
mug
d. TSS removal efficiency: 90%
e. Design Storm: 1
f. Permanent Pool Elevation, FMSL: 6.00
g. Permitted Surface Area @PP, ft2: 92,075
h. Permitted Storage Volume, ft3: 65,907
i. Storage Elevation, FMSL: 6.7
j. Controlling Orifice: 4"0 pipe
k. Permanent Pool Volume, ft3: 176,715
I. Forebay Volume, ft3: 39,750
m. Maximum Fountain Horsepower: 314
n. Receiving Stream 1 River Basin: Mott Creek 1 Cape Fear
o. Stream Index Number: CPF17 18-82
p. Classification of Water Body: "C Sw"
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 041111
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. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of 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 4 of 9

State Stormwater Management Systems
Permit No. SW8 041111
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 041111, 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 4,050 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
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 314 horsepower.
Page 5of9

State Stormwater Management Systems
Permit No. SW8 041111
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.
e. 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.
Ill. 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 6of9

State Stormwater Management Systems
Permit No. SW8 041111
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 modification, 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 24th day of November 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Hian vv. KumeK, r.c., uirecior
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 041111
Page 7 of 9

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
b2 & wstee-
L zP-ess Ar- P h -c2h b, i
FAX COVER - SHEET
Sw804-1 11
Date: ti— - No. Of Pages: T _
To: Amie OrUckeFrom: bi qd2 L(�,cNiS
CO: rol ZSis�' - CO. -
FAX #: 343 = Z�ci-' 58-76FAX#: [phone]
REMARKS: `A--6 i h�A zl Inke-m2 hr-, regVesf I e f er.
127 Cardinal Drive Extension, Wilminpm, V.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment and'Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Serra+�—•---
FAX COVER SHEET
.4
Date:
To: I)rtcclk e
CO: -
FAX #:
REMARKS:
1-4- �(7-
No. Of Pages:
From: Shaun Simpson
CO: Surface Water Protection/Store
FAX#: [phone] -
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
r An Equal Opportunity Affirmative Action Employer

CAROLINA
SITE DESIGN, INC.
ENGINEERING 4 PLANNING
November 18, 2004
Ms. Linda Lewis
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Sent via UPS Next Day Air J 166 230 902 3
=By.
Re: Lake Brewster
Stormwater Project No. SW8 041 111
New Hanover County, North Carolina
Dear Linda:
Pursuant to your November 16, 2004 Request for Additional Information, enclosed please find the
following information submitted for your review and approval:
1) Two (2) copies of the Road Profiles (Sheets C-3 and C-4).
2) Both mailing addresses are correct.
3) One (1) copy of an 8 %z"xl 1" plan showing the 36.06 drainage area that will drain to the detention
pond.
4) A seeding schedule has been added to the Detention Pond Detail, see Sheet C-5. Two (2) copies
of the Road & Drainage Details (Sheet C-5) are included for your use.
5) One (1) original and one (copy) of the revised wet pond supplement form. The detention pond
cleanout elevation has been adjusted based upon the 7.5' design depth of the pond. The cleanout
elevation of the forebay has not been revised. The proposed forebay depth is 4', not 2'.
6) The Pond Outfal I Structure Detail has been revised to show the 12" sump in the bottom of the
concrete box to minimize debris from entering the orifice. See Sheet C-5.
843-280-5870 Post Office Box 538 843-280-5870
Office North Myrtle Beach, SC 29597 Facsimile

IF
November 18, 2004
Ms. Linda Lewis
Page 2
7) The intake pipe to the structure is angled downward and submerged under the normal water
elevation of the pond. This should minimize the amount of debris that enters the structure.
Please do not hesitate to call if you have any questions or require additional information to issue the storm
water management permit for this project. Thank you very much for your assistance.
Sincerely,
Carolina Site Design, Inc.
Amie S. Drucker, P.E.
Fc: Ms. Ardic Lupton, 919-934-9832

RECEIVED
NOV 19 2004
DW
PROD #

Lake Brewster SW8 041111
Subject: Lake Brewster SW8 041111
From: Linda Lewis <[e-mail]>
Date: Tue, 16 Nov 2004 15:27:00 -0500
To: "Arnie Drucker, PE" <[e-mail]>
Amie:
Please find attached my letter requesting additional information. As I told you
earlier, the original.signature page of the supplement has been mailed to you for
revision.
Linda
041111.noN,04.doc Content -Type: application/msword
Content -Encoding: base64
11/16/2004 5:04 PM

O�OF W A TERQG
0 �
November 16, 2004
Ardieth Lupton, Vice President
Willa Properties, Inc.
PO Box 1104
Smithfield, NC 27577
Subject: Request for Additional
Stormwater Project No.
Lake Brewster
New Hanover County
Dear Mr./Ms. Lupton:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Information
SW8 041111
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Lake Brewster on November 16, 2004, with a scheduled review date of November 16, 2004. A
preliminary review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
Please provide road profiles or add the elevations of the high and low points of
the road to the plans.
2. Please verify your mailing address. The plans show a different address of PO
Drawer 2318 in Smithfield, which is different from the mailing address provided
on the application.
3. Please delineate the 36.06 acre drainage area. The runoff from all of the built-.
upon area on every lot must drain into the system.
4. Please specify the type of seed to be used on the pond's slopes.
5. Please revise the wet pond supplement form. The cleanout elevation must be
based on the 6' pond design depth. The forebay cleanout elevation is too high. If
the forebay is only 2' deep, the cleanout must occur at elevation 4.5.
6. The orifice should not sit on the bottom of the outlet structure. The bottom of the
outlet structure tends to collect a lot of debris. Please specify a minimum of 12"
from the bottom of the orifice to the structure floor to prevent clogging.
7. A trash guard may still be needed for the orifice, since it is straight through the
wall, and not angled downward.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to November 23, 2004, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
North Carolina Division of Water Qualify 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Intemet: h2o.enr.state.nc.us One
NorthCarollirta
An Equal OpportunitylAffirmative Action Employer — 50% Recycled/10% Post Consumer paper NQtlma`/y

MOW. Lupton
November 16, 2004
Stormwater Application No. SW8 041111
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:\WQS\STORMWAT\ADDINFO\2004\041 11 1.nov04
cc: Arnie Drucker, P.E., Carolina Site Design, Inc.
Linda Lewis
Page 2of2

CAROLINA
SITE DESIGN, INC.
ENGINEERING O PLANNING
November 151, 2004
Ms. Linda Lewis
NCDENR
Division of Environmental Management
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Lake Brewster
Vallie Lane
New Hanover County, North Carolina
Dear Linda,
NOV 10 2004
Enclosed please find the following information submitted for your review and approval:
1) One (1) original and one (1) copy of the Stormwater Management Permit Application Form.
2) One (1) original and one (1) copy of the Wet Detention Basin Supplement
3) A check in the amount of $4,000.00 payable to NCDENR-Water Quality for the EXPRESS
permit application processing fee
4) Two (2) sets of Construction Drawings, Sheets 1-1, C-5 through C-7.
5) Two (2) copies of the Detention Pond Calculations.
b) One (1) copy of the Draft Restrictive Covenants.
Please do not hesitate to call if you have any questions or require additional information to issue the storm
water management permit for this project. Thank you very much for your assistance.
Sincerely,
Carolina Site Design, Inc.
Arnie S. Drucker, P.E.
843-280-5870 Post Office Box 538 843-280-5870
Office North Myrtle Beach, SC 29597 Facsimile

DRAFT -AWAITING APPROVAL
RECEIVED
NOV 16 2004
PROD # � ?o � 1
Return to: Willa Properties, Inc., PO Drawer 2318, Smithfield, NC 27577
Brief Description: Restrictive Covenants for Lake Brewster Subdivision (PB , pg _)
NORTH CAROLINA
RESTRICTIVE AND PROTECTIVE COVENANTS
NEW HANOVER COUNTY
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS made and
published this 15t day of November, 2004, by Willa Properties, Inc. of Smithfield, Johnston
County, North Carolina.
WITNESSETH:
THAT WHEREAS, Willa Properties, Inc. of Smithfield, Johnston County, North Carolina,
hereinafter "Developer" is the Owner of all that land designated and known as "Lake Brewster
Subdivision" as shown on that certain plat recorded in Plat Book , page in the office of
the Register of Deeds of New Hanover County, North Carolina,
WHEREAS, the Developer wishes to assure proper development, reasonable use and
maintenance of value in the Subdivision by beneficial property restrictions enforceable by the lot
owners;
NOW, THEREFORE, for and in consideration of the premises and the benefits to be
derived by Developer and each and every subsequent owner of any of the lots in the Subdivision,
Developer covenants and agrees with all person, firms and corporations now or hereafter owning
or acquiring any of the numbered lots 1 through 137 in the Subdivision, hereinafter called "Lots",
that all of said Lots and all of the lands within the boundaries of the Subdivision are made subject
to the following restrictive and protective covenants running with the land by whomever owned:
1. RESIDENTIAL USE
(a) All lots shall be used for residential purposes only; no home business or
occupation shall be permitted.
(b) No building, structure or living quarters shall be erected, altered, placed or
permitted to remain on any lot other than one detached single-family dwelling
not exceeding two (2) stories in height and one or more small accessory
buildings such as a detached private garage (but not garage apartment),
provided that no accessory building shall be constructed or placed prior to
construction of the dwelling and that no building shall be used for any activity

DRAFT -AWAITING APPROVAL
normally conducted as a business. Only one residence or dwelling shall be
permitted on any one lot.
(c) No mobile home or similar mobile dwelling, trailer, tent, shack, garage, barn,
outbuilding or structure of a temporary character shall be used on any lot at any
time as a residence or for living quarters, either temporarily or permanently. No
mobile home, movable dwelling, trailer, habitable motor vehicles, camper or like
vehicle shall be parked, stored or permitted to remain on any lot at any time for
any purpose, except that after a residence is erected on any lot, a trailer,
camper or similar vehicle may be parted on a portion of the Lot away from the
street behind the front building line and more that ten (10) feet from any Lot
line.
2. BUILDING AND SITE IMPROVEMENTS
(a) No dwelling shall be erected or permitted on any Lot unless it has the minimum
required square footage of enclosed dwelling area of no less than 1,200 square
feet. The term "enclosed dwelling area" as used herein means that the total
enclosed area within a dwelling, but not including ,garages, terraces, decks,
open porches, steps and like areas.
(b) No building shall be located on any lot nearer to the front lot line, the side lot
lines or the back lot line than any minimum setback lines shown on the recorded
plat of the subdivision. If the plat does not show minimum set -back lines, or in
case of any doubt, no building shall be located on any lot nearer than 20 feet to
the front lot line, nearer than 20 feet to any side street line, nearer than 10 feet
to any other side lot line, or nearer than 20 feet to the back lot line. For the
purpose of this paragraph (i) eaves, (ii) steps, (iii) chimneys, (iv) flues, and (v)
open porches on the front of the dwelling only shall not be considered as part of
the building. For the purpose of this paragraph (i) open porches on the side or
rear of the dwelling, (ii) closed porches, (iii) carports and (iv) garages shall be
considered as part of the building. This paragraph shall not be construed to
permit any portion of a building on one lot to encroach on another lot.
(c) No fence or wall shall be erected or permitted on any lot nearer the front lot line
than the minimum building setback line. No fence or wall over six (b) feet in
height above the ground shall be erected or permitted on any lot.
(d) Sewage disposal shall be by New Hanover County sewage disposal system. Lot
owners will be allowed to use septic tanks only if County sewer is not available.
When County sewer becomes available, septic tanks will be abandoned and lots
will be connected to the County sewer system. Any connection costs or
assessments shall be paid by the lot owner.
(e) No fuel tanks or similar storage receptacles may be exposed to view. Any such
receptacles may be installed only within the dwelling house, within an accessory
building, within a screened area, or buried underground.
(f) No sign of any kind shall be erected or displayed on any lot or dwelling thereon,
except (1) a temporary "For Sale" sign, or (2) a property or owner identification
sign not exceeding a combined total of two (2) square feet.
3. NUISANCES.
(a) It shall be the responsibility of each lot owner to prevent the development of
any unclean, unsightly, or unkempt conditions of buildings or grounds on his lot
which would tend to decrease substantially the beauty of the neighborhood as a
whole or the specific'area.

DRAFT -AWAITING APPROVAL
(b) No noxious or offensive activity shall be carried on upon any lot nor shall
anything be done thereon which may be or become an annoyance, danger,
discomfort, or nuisance to owners in the neighborhood.
(c) No animals, livestock or poultry of any kind shall be raised, bred or kept on any
lot, except that dogs, cats, or other household pets may be kept if they are not
kept, bred or maintained for any commercial purpose.
(d) No automobile or motor vehicle may be dismantled or repaired on any lot; no
mechanically defective or inoperable automobile, motor vehicle, mechanical
device, machinery or junk car shall be placed or allowed to remain on any lot at
any time.
4. EASEMENTS.
(a) Easements for installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded subdivision plan and over the rear of the
outer lots. These easements are for installation and maintenance of utilities and
drainage facilities intended to provide services to the residences in the
subdivision. Within these easements, no structure, planting or other materials
shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities, or which may change the direction or
obstruct or retard the flow of water through drainage lines or channels in the
easements. The easement areas of each lot shall be maintained continuously
by the lot owner, except for improvements for which a public authority or utility
company has responsibility.
(b) The Developer of this subdivision reserves the right to subject such real
property to a contract with Progress Energy or any other utility company for the
installation of underground utility service facilities. This contract may require an
initial payment and/or a continuing monthly payment to such utility company by
the purchaser of any lot or lots or his tenant. The continuing monthly payment
may be terminated at any time upon payment of a one-time charge subject to
the then applicable regulations approved by the state regulatory authority. The
subdivision property may also be subjected to a contract with Progress Energy
or any other utility company for the installation of street lighting which requires
a continuing monthly payment.
5. COASTAL STORMWATER MANAGEMENT REGULATIONS.
(a) The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 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 plan may not take place
without the concurrence of the Division of Water Quality.
(f) The maximum allowable build -upon area per lot is 4,050 square feet. This
allotted amount includes any built -upon area constructed within the lot property

DRAFT -AWAITING APPROVAL
boundaries, and that portion of the right-of-way between the front lot line and
the edge of the pavement. Built upon area includes, but is not limited to
structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking
areas, but does not include raised, open wood decking, or the water surface of
swimming pools
(g) All runoff from the built upon areas on the lot must drain into the permitted
system. This may be accomplished through providing roof drain gutters which
drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect lot runoff and directing them into the stormwater
system or into the street. Lots that will naturally drain into the system are not
required to provide these additional measures.
6: TERM.
(a) All covenants, restrictions and affirmative obligations set forth herein shall run
with the land and shall be binding upon all parties and persons claiming under
them, including but not limited to the successors and assigns of the Developer,
for a period of ten (10) yeas from the date hereof, after which time all said
.covenant shall be automatically extended for successive periods of ten (10)
years, unless an instrument signed by a majority of the then owners of lots (not
including mortgages or trustees under deeds of trust) substantially affected by
such changes in covenants, agreeing to change said covenants in whole or in
part, has been recorded in the New Hanover Registry.
(b) If, at a future date, there is a change to the Restrictive and Protective
Covenants, the changed said covenants shall include the current Coastal
Stormwater Management Regulations in accordance with Title 15 NCAC
2H.1000.
7. ENFORCEMENT.
(a) In the event of any actual or threatened violations or breach of any of these
restrictive covenants by any lot owner or other person, then the Developer or
the owner of any lot in the subdivision, or any of them jointly or severally, shall
have the right to proceed at law or equity to compel compliance with the terms
hereof or to prevent the violation or breach or to obtain other suitable remedies.
(b) The invalidation by any court, agency or legislation of any provision of these
restrictive covenants shall in no way affect any of the other covenants which
shall remain in full force and effect.
IN WITNESS WHEREOF, the said Willa Properties, Inc. has caused this declaration to be
executed in its name on the day and year first above written.
ATTEST:
Ardieth Lupton, Secretary
WILLA PROPERTIES, INC.
By:
Wilson Earl Blackmon, President

DRAFT -AWAITING APPROVAL
NORTH CAROLINA
]OHNSfON COUNTY
I, Eva ,Massenpill, a Notary Public of the County and State aforesaid, certify that Wilson
Earl Blackmon, personally appeared before me this day and stated that he is President of Willa
Properties. Inc. and acknowledged the due execution of the foregoing Restrictive Covenants.
Witness my hand and official seal, this the 15' day of November, 2004.
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
The foregoing certificate(s) of
(SEAL)
Notary(ies) Public is (are)
certified to be correct. This instrument was presented for registration this day and hour and duly
recorded in the office of the Registrar of Deeds in
Carolina in Book , Page
County, North
This day of 2001 at am/pm.
Register of Deeds
BY - - . Deputy

Entity Names
t'
Page 1 of 1
North Carolina
Elaine F !Marshall D EPARTM ENT OF THE
Secretary SECRETARY OF STATE
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 11 /16/2004
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11 Print a pre -populated Annual Report Form I File an Annual Report I
Corporation Names
Name Name Type
NC Willa Properties, Inc. Legal
Business Corporation Information
SOSID:
0561082
Status:
Current -Active
Date Formed:
8/18/2000
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing
Address:
Principal Office Address
Principal Mailing Address:
Lupton, Ardieth
724 S Third St
Smithfield NC 27577
P.O. Box 1104
Smithfield NC 27577
724 S Third St
Smithfield NC 27577
P.O. Box 1104
Smithfield NC 27577
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http:/hvww.secretary.state.nc.us/Corporations/soskb/Corp.asp?5281593 11/16/2004

s$
2 a 2 2 9 5 0 G 9 State of North Carolina
Department of the Secretary of State
SOSID: 561082
ARTICLES OF INCORPORATION Date Filed: 8/18/2000 1:27 PM
Elaine F. Marshall
Pursuant to §55-2-02 of the General Statutes of North Carolina, the undersigned does hen North Carolina Secretary of State
Incorporation for the purpose of forming a business corporation.
1
2.
3
4.
5
6
The name of the corporation is. Willa Properties, Inc.
The number of shares the corporation is authorized to issue is: 100
These shares shall be: (check either a or b)
a. X all of one class, designated as common stock; or
b. divided into classes or series within a class as provided in the attached schedule,
with the information required by N.C.G.S. Section 55-6-01.
The street address and county of the initial registered office of the corporation is:
Number and Street: P.O. Drawer 2318
724 S. Third Street
City, State, Zip Code: Smithfield, NC 27557 County: Johnston
The mailing address tf di f'erent from the street address of the initial registered office is: NIA
The name of the initial registered agent is: Wilson E. Blackmon
Any other provisions, which the corporation elects to include, are attached.
7. The name and address of each incorporator is as follows: Wilson E. Blackmon
P.O. Drawer 2318
724 S. Third Street
Smithfield, NC 27577
8. These articles will be effective upon filing, unless a date and/or time is specified: N/A
This the ZP day of �, 20 a e>
Wilson E. Blackmon, President INCURPORAMR
Type or Print Name and Title
NOTES:
I . Filing fee is $ 125. This document and one exact or conformed copy of these articles must be filed with the Secretary of State.
(Revised January 2000) (Form B-01)
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGK NC 27626-0622

State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
§55-2-02
QUESTION #6
Whereas, Willa Properties, Inc. has less than 50 shareholders and in accordance with
G. S. §55-5-01, Willa Properties, Inc., hereby dispenses with the Board of Directors.
Willa Properties, Inc. hereby assigns all of the duties of the Board of Directors to Wilson
E. Blackmon.

1 BUSINESS CWPORATION
' ANNUAL REPORT
lb
NAW.'OF CORPORATION: VV I t-L-A FZoFffP-TI ES l NC -
STATE OF INCORPORATION: ur.
22 1 2 i 0610
SECRETARY OF STA'M" CORP. ID NUMBER: O 5� D FISCAL YEAR ENDING: I'- a r la
MONTI IIDAYIYEAR
FEDERAL EMPLOYER ID NUMBER: 0, 0 5 e? O(9 ` -
IF'nILS IS TFIE INITIAL ANNUAL REPORT FILING, YOU MUST COMPLETE ITIE FM IRE FORM. IF YOUR �C
BUSINESS C0RPORA"I10N'S INFORMATION HAS NOT CHANGED SINCE '11 [E PREVIOUS REPORT,
PLEASE CHECK THE BOX AND COMPLETE LINE 8 ONLY.
1. RE(',IS"11:R :D AGENT & REGISTERED OFFICE MAILING ADDRESS:
ARDIETN "F-rotl
2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE:
sue► �-n-� �-��, r�� ��o ������ ���� �
3. IF TIIE REGISTERED AGENT CHANGED, SIGNATURE OF TIfE NEW AGE
SIGNATURE CONSTITUTES C NSENT THE APPOINTMENT
4. ENTER PRINCIPAL OFFICE ADDRESS I fFRF.: ADDRESS- PQ FjO
CITY-jry) ST- NC ZIP-
S. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER MERE: b (9-) <334- 517
PLEASE INCLUDE AREA CODE
6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF PRINCIPAL OFF[CERRS HERE: , t
NAME-W. E . $ L-AC1-' 1 NJ ADDRESSS--�0 � .T� LAGKb-01� rAf2 L �
TITLE- I rc (:51 J/� CITY- C�IsS�Q � � ST� 'LIP- p�" E]
I5 "0
NA&M- �2�( W`MY\j ADDRESS- �� D l�• �• l/ .
TI'i E- Y['r 5ac'r CITY- Bi GCtJ ST- NC ZIP- Zg50 C�
NAME- ADDRESS-
Ti' IE- CITY- ST- GIP-
7. 13RIFFLY DESCRIBE TI-iE NATURE OF BUSINESS: �- .
S. C TIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL CORPORATIONS
AA��� D 4-- z5-0 a --
FORM MUST BE SIGNED BY. FFICE F CORPORATION DATE
TYPE OR PRINT NANEE TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $20,00 MAIL 10: Secretary of State • Corporations Division • Past Office Box 29525 • Raleigh, NC 27626-0525

SOSID: 0561082
0 Date Filed: 3/17/2004 7:49:00 AM
Elaine F. Marshall
North Carolina Secretary of State
CD-479 (51) Business Corporation Use this form only 2004 047 00819
9 1903 North Carolina Annual Report Contact the North
an Annual Report
Liability Parinershl
Name of Corporation: WILLA PROPERTIES, INC.
i State of Incorporation: NORTH CAROLINA Fiscal Year Ending: 12/31/03
///�� Montwoayn'ea1
Secretary of State Corporation ID Number: 05 (V Federal Employer IA Number: 02-0580694
It this is the initial annual report filing, you must complete the entire rm fo. If your business corporation's information has not
vi❑
changed since the preous report, check the box and complete Line 7 only. 'e
1 Registered agent and registered office street address: (Must be a North Carolina Address)
Name:
Street Address:
City, State, Zip Code: County:
2 Mailing address if different from street addtess:
Mailing Address: P.O. BOX 1104
City, State, Zip Code: SMITHFIELD NC 27577
3 If registered agent changed. signature of new agent
(s.gmt:lle mnslitules consent to the appol m ni)
4 Enter principal office address and telephone numb r�]he e:
Street Address: I. 5 . Y[i S-t-,
City, State, Zip Code: SMITHFIELD NC 27577 Telephone: [phone]
5 Briefly describe the mature of business: REAL ESTATE
6 Enter name, title, and business address of principal officers here:
Complete Farm CD-479A to list additional principal officers
Name: WILSON E. BLACKMON
Address: P.O. DRAWER 2318
City: SMITHFIELD
Name: ARDIETH G. LUPTON
Address: 111 OAK PARK DRIVE
City: BENSON
Name:
Address:
City:
Title: PRESIDENT
state: NC ZiP: 27577
Title: SECRETARY/VP
State: NC ZIP: 23504
Title:
State: ZIP:
r V91V1ll.aV 11 01 allrlual TWPV1\ \ uJl NC LV111WvLvV Rr O11 �vpvvrauvi]aJ.
51gNtwe (Form rqgWba an ollicer at corporation) fete
1Ic PIs�
Type a Punt lime TWO
- Title
N=05011 OWMI

P. 1
COMMUNICATION RESULT REPORT ( NOV.16.2004 2.36PM )T-T-T *NCDENR WIRO
FILE MODEOPTION
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REASON FOR ERROR '
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
88432805870
RESULT _1__ -WHIRL
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E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington .Regional Office
Michael F. Easley, Governor 'William G. Ross Jr., Secretary
FAX COVER - SHEET
Date:—( No.-OfPages:
`fib: _AmiC Qrucka-From: Lj�7 e L ewiY
CO: Caroiozs4e I j' CO: C
FAX #: 43 - 2E0- 581C FA.X#: 910-350-2004
REMARKS: �Cxia(�1n?rG�y25f„��
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0 127 Cardinal Drive Extonsian, Wllmingron, N.C. IB405-3945 Telephone (910) $95.3900 Fax [phone]
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Project Name:
Stormwater Permit No.:
Designer's Certification
I,
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,
for
Project)
(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 substanfial compliance and
intent of the approved plans and specifications.
Signature
Registration Number
Date
Certification Requirements:
I.The drainage area to the system contains approximately the permitted acreage.
910-

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(5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are
in compliance with the provisions contained in Article 4, Section B, Article 5, Section G(3)(a) & (b), Article 5, Section
G(4) and Article 5, Section G(6) of this ordinance on the current version of the North Carolina "National Flood
Insurance Program V-Zone Certification" form.
(6) Fill shall not be used for structural support. Limited non -compacted and non -stabilized fill may be used around the
perimeter of a building for landscaping/aesthetic purposes provided it is demonstrated through coastal engineering
analysis that the proposed fill would not result in any increase in the Base Flood Elevation and not cause any adverse
impacts by wave ramping and deflection to the subject structure or adjacent properties.:
(7) There shall be no alteration of sand dunes or sand dune vegetation which would increase potential flood damage.
(8) No manufactured homes shall be permitted except in an existing manufactured home park or subdivision. A
replacement manufactured home may he placed on a lot in an existing manufactured home park or subdivision
provided the anchoring and elevation standards of this Section have been satisfied.
(9) Recreational vehicles may be permitted in Coastal High Hazard Areas provided that they meet the Recreational
Vehicle criteria of Article 5, Section B(6)(a) and the Temporary Structure provisions of Article 5, Section B(7).
SECTION H. STANDARDS FOR AREAS OFSHALLOW FLOODING (ZOrVE AO).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding
areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Article 5,
Section A, all new construction and substantial improvements shall meet the following requirements:
(1) All new construction and substantial improvement of residential structures have the lowest floor, including basement,
elevated above the crown of the nearest street or the highest adjacent grade, whichever is higher, to or above the depth
number specified on the County's FIRM, plus a freeboard of two feet, above the highest adjacent grade. If no depth
number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the crown of the
nearest street or the highest adjacent grade, whichever is higher.
(2) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in Article 5, Section
H(1) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with
walls substantially impermeable to the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per Article 4,
Section B(3) and Article 5, Section B(2).
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT OA' RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVF_NTION ORDINANCE:
This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance
April 3, 1978 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All
provisions of the flood damage prevention ordinance of New Hanover County enacted on April 3, 1978, as amended, which
are not reenacted herein are repealed.
SECTION B. EFFECT UPON OUTSTArVD1AG FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or
any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her
June 5, 2006 24

(a) the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base
flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice
and presented to the floodplain administrator prior to issuance of floodplain development permit, or
(b) a Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision
(LOMR) must also be obtained upon completion of the proposed encroachment.
(2) If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduction
provisions of this ordinance.
(3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured
home park or subdivision, provided the following provisions are met:
(a) the anchoring and the elevation standards of Article 5, Section B(3); and
(b) the no encroachment standard of Article 5, Section F(1).
SECTION G. COASTAL HIGH HAZARD AREAS (ZONES VE).
Coastal High Hazard Areas are Special Flood Hazard Areas established in Article 3, Section B, and designated as Zones VE.
These areas have special flood hazards associated with high velocity waters from storm surges or seismic activity and,
therefore, in addition to meeting all requirements of this ordinance with the exception of floodway and non -encroachment
area provisions (Article 5, Section F), the following provisions shall apply:
(1) All development shall:
(a) be located landward of the reach of mean high tide;
(b) be located landward of the first line of stable natural vegetation; and
(c) comply with all applicable CAMA setback requirements.
(2) All new construction and substantial improvements shall be elevated so that the bottom of the lowest horizontal
structural member of the lowest floor (excluding pilings or columns) is no lower than the regulatory flood protection
elevation. Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas to satisfy the regulatory
flood protection elevation requirements.
(3) All new construction and substantial improvements shall have the space below the lowest floor free of obstruction so as
not to impede the flow of flood waters, .with the following exceptions:
(a) Open wood latticework or insect screening may be permitted below the regulatory flood protection elevation for
aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in
accordance with Article 5, Section 13(4)(d)(i). Design plans shall be submitted in accordance with Article 4,
Section B(1)(d)(iii)(2); or
(b) Breakaway walls may be permitted provided they meet the criteria set forth in Article 5, Section B(4)(b). Design
plans shall be submitted in accordance with Article 4, Section 6(1)(d)(iii)(I).
(4) All new construction and substantial improvements shall be securely anchored to pile or column foundations. All
pilings and columns and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral
movement due to the effect of wind and water loads acting simultaneously on all building components.
(a) Water loading values used shall be those associated with the regulatory flood protection elevation.
(b) Wind loading values used shall be those required by the current edition of the North Carolina State Building
Code.
June 5, 2006 23