SW8050101_HISTORICAL FILE_20120625

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW(il
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
I /,/74&2�5
YYYYMMDD

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/v
DOC TYPE
❑ HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑
YYYYMMDD

STATE OF NORTH CAROLINA
Department ofEnvironmoutal and Natural R.esourcm
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910) 796-72I5 ,
FILE ACCESS RECORD
SECTION
TI?YEIDATE
NAla
'REPRESENTING
ON
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5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
wllected.for checks on which payment has been refused.
FACILITY NAla
2.
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4.
Signature and Name of Firmo si
Please attach a business c ,cjt this j
COPIES MADE.=
S:Admin.file access
COUNTY
Date Time In Time Out
AID INVOICE

AZ,AF*
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
June 25, 2012
Division of Water Quality
Charles Wakild, P. E,
Director
Mr. Michael Newton, President
Somersett Place Development, Inc.
5600 Maxwell place
Wilmington, NC 28409
Subject: NOTICE OF INSPECTION
Somersett Place
Permit No. SW8 050101
New Hanover County
Dear Mr. Newton:
Dee Freeman
Secretary
On June 22, 2012, staff of the Wilmington Regional Office of the Division of Water
Quality (DWQ), inspected Somersett Place in New Hanover County to determine the
status of compliance with Stormwater Management Permit Number SW8 050101 issued
on January'25, 2005. DWQ file review and site inspection revealed that the site is
compliant with the terms and conditions of this permit. Please find a copy of the
completed form entitled "Compliance Inspection Report" attached to this letter.
Please be advised that you are required to comply with the terms, conditions and
limitations of your Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including
operation and maintenance of your permitted stormwater system.
If the project has changed its name, ownership or mailing address, a completed and
signed Name/Ownership Change form must be submitted to DWQ at least 30 calendar
days prior to making the changes. Please include the name, mailing address and
phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form.
If you have any questions, please contact David Cox at the Wilmington Regional
Office, telephone number (910)-796- 7215.
Sincerely,
David Cox
Environmental Senior Specialist
Enc-. Compliance Inspection Report
GDSldwc: S:IWQSIStormwater\Permits & Projects12051050101 HD12012 06 CEI_compliant 050101
cc: Phil Tripp
Georgette Scott
WiRO Stormwater File
Wilmington Regional Offioe
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] CENR Assistance: 1.877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org '�?"L✓!
a4um/y
An Equal Opportunity 1 Afrmative Action Employer (/ j�

Compliance Inspection Report
Permit: SW8050101 Effective: 01/26/05 Expiration: 01/26/19 Owner: Somersett Development, Inc.
Project: Somersett Place
County: New Hanover Somersett Ln
Region: Wilmington
Wilmington NC 28409
Contact Person: Michael Newton Title: Phone:
Directions to Project-.
From the intersection of NC 132 and NC 76, travel east on 76 to Pine Grove Drive. Turn right on Pine Grove for approx 400011.
Somersett Lane is on the left.
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (Hewletts Creek) (03-06-24) ( SA;HQW)
2 - (Hewletts Creek) (03-06-24) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/22/2012 Entry Time: 02:30 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 02:40 PM
Phone: [phone]
Inspection Type: Compliance Evaluation
Page: 1

Permit: Sw8050101 Owner - Project: Somersett Development, Inc.
Inspection Date: 06/222012 Inspection Type: Compliance Evaluation
Inspection Summary:
This permit is in compliance with the permit requirments.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Reason for Visit: Follow-up
Yes No NA NE
Page: 2

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
June 14, 2012
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Georgette Scott
Re: Somersett Place
Notice of Deficiency NOD-2012-PC-0045
Project No. SW8 050101
TE 04086
Dear Georgette:
In response to the Notice of Deficiency dated May 23, 2012, we offer the
following:
1. Engineer's certification of the stormwater system is enclosed.
2. Recorded restrictive covenants are enclosed.
Please review for approval and contact us with any questions, comments or if
you need additional information. Thank you.
Sincerely,
Trip ngineering, P.C.
Phillip G. Trip ,
PGT:dcb
Enc.
J U N 14 2012
BY.
RUM JUN 14 2012

Somersett Place
Stormwater Project No. SW8 050101
New Hanover Count
Engineer's Certification
TE 04086
State Stormwater Management Systems
Permit No. SW8 050101
Page 1 of 2
I, Phillip G. Tripp , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodicallyl�l
tie) the construction of the project,
Somersett Place
(Project)
for Somersett Development, Inc. (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature ���`' k CA,y
Registration Number 17374 _ _ 4 = �� SeAL 9� .v
-_
-� 17374 t
Date i • °
111
rR G OR` ,`�.
,EBV..
JUN 14 2m
BY:

State Stormwater Management Systems
Permit No. SW8 050101
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
__4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
_&_6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 11.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
� 13. All required design depths are provided.
M14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office"' SUN 1 2412
Tony Roberts, New Hanover County Building Inspections

ti
FOR REGSfi7RRTSON REGISTER OF DEEDS
REBECCR P. 5MSTH
NEW HRNOV£R COUNTY, NG
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Bl(A9i2 PG.993-1@29 FcE;$ii9,00
low 125MG
STATE OF NORTH'CAROLINA
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR Somersett Place (as may be amended or supplemented as set forth herein, "Declaration") is
made this ay of September, 2005, by Somersett Development, Inc., a North Carolina
corporation, wh Leaddress is 5600 Maxwell Place, Wilmington, North Carolina, 28409, (the
" cl t").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in New Hanover County,
North Carolina, and more particularly described on Exhibit A attached hereto and made a part hereof
(the "Pro e " or "subdivision"); and
B. Declarant is developing the Property known as "Somersett Place" by subdividing it
into "Lots" that are to be used for residential purposes as well as common real estate and
improvements that are to be owned by a homeowners association to which the Owner of a Lot must
belong and pay lien -supported maintenance assessments; and
C. At the time of the conveyance of a Lot to an Owner, the Declarant intends to make
available the common amenities on the Property, if any, as they are built, and, at the time of
completed development, the entire Property, excluding the Lots and dedicated streets, if any, shall
be conveyed without cost or charge to the Association.
THEREFORE, the Declarant hereby declares that all of the Lots and Common Areas
(defined below) located within the Subdivision are held and shall be held, conveyed, hypothecated
or encumbered, ]eased, rented, used, occupied and improved, subject to the following covenants,
conditions and restrictions, all of which are established and agreed upon for the purpose of enhancing
and protecting the value, desirability and attractiveness of the Subdivision as a whole and of each
CEME
JUN 14 2�t2
BY:
PREPARED 9Y & RETURN TO:
FUSS & FAIRLEY
910-256-8252

COASTAL STORMWATER MANAGEMENT
REGULATIONS BINDING ON SOMERSETT PLACE,
A HIGH DENSITY SUBDIVISION
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for certain developments where lots will be
subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" surface area consistent with the applicable regulation limiting
built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the
Stormwater Management Permit:
&ggion 1 For All Projects:
1.1 The following covenants are intended to ensure ongoing compliance with the State
Stormwater Management Permit Number SW8050101, as issued by the Division of Water
Quality under NCAC 2H.1000.
1.2 The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
1.3 These covenants are to run with the land and be binding on all persons and parties
claiming under them.
1.4 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.
1.5 Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
Section 2. High Density Residential SubdivisiQns
2.1 The maximum allowable built -upon area per lot is 3,250 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, and coquina, but does not include raised, open wood decking, or the water surface of
swimming.
2.2 Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any persons.
2.3 All runoff from the built -upon areas on the lot must drain into pem fitted .
JUN 14 2012
SY:_--------ram

system. This may be accomplished through a variety of means including roof drain
gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect the lot runoff and directing them into a component of the
storm water system. Lots that will naturally drain into the system are not required
to provide these additional measures.
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day
and year first above written.
Somersett Development, Inc.
BY: , �'Udent
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This day of , 2005, pe onaliy c e before me
} 1 , No Public of K Q L A County,
State of , who, being by
me duly sworn, says that he/she is President of So ersett Devel pment, Inc., a North Carolina
corporation, and that said writing was signed and sealed by himon behalf of said corporation
by its authority duly given. And the President acknowledged the said writing to be the act and
deed of said corporation.
Witness my hand and official stamp or seal this day of September, 2005.
My commission expires: R-L�' a'
Notary Public
A a,#k
DAT?'t. oSAgy 1
r 000 z
O Aug`,>
�t. w

EXHIBIT A
Legal Description
BEING located in New Hanover County, North Carolina, and being more particularly depicted
as thirty (30) subdivided residential building Lots, together with associated Common Areas
(including private alleys, public rights of way, -private parks and common open space depicted
as "COS") on a plat of survey entitled "Somersett" and recorded in Map Book 48 at Page 174
New Hanover County Registry.

CONSENT OF MORTGA-GEE
SunTrust Bank and the holder of a deed of trusts recorded in the Office of the New
Hanover County, North Carolina Register of Deeds, in Book 4482, Page 651 and Book 4757,
Page 300, and Southland Associates, Inc., in its capacity as trustee under the aforesaid deed of
trust, hereby consent to the execution and delivery of the foregoing Declaration of Covenants,
Conditions and Restrictions, with exhibits thereto (the "Declar lion"), and to the filing thereof,
in the office of the County Recorder of New Hanover County, North Carolina, and further
subject and subordinate the above -described deed of trust to the provisions of the foregoing
Declaration with attached exhibits (including, without limitation, any easements reserved
therein).
IN WITNESS WHEREOF, , by its authprized officer, and the
undersigned Trustee have caused this Consent to be executed this Zq - day of September,
2005.
SUNTRUS�T B
BY:
r5t V j President
SOUTHL S, INC.
BY: _._.
President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, D Voun n d a Notary Public of the aforesaid county and state,
certify that r ,personally came before me this day and,
being duly +,Nqacknowledged tha isPresident of SunTrust Bank andsaid writing
was si>a, �n y him in behalf of said corporation by its authority duly given. And he
ackrL ged the ting to be the act and deed of said corporation.
Co8e� d official stamp or seal this day of September, 2005.
2 '°UB00 IS, fi t)
�'-•,, y GO Notary Plublic
My Commission Expires:

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• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405 i
4
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PIA7
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
May 23, 2012
CERTIFIED MAIL #7010 0290 0003 0834 5671
RETURN RECEIPT REQUESTED
Mr. Michael Newton, President
Somersett Development, Inc.
5600 Maxwell Place
Wilmington, NC 28409
Subject: NOTICE OF DEFICIENCY NOD-2012-PC-0045
Somersett Place
Stormwater Permit No. SW8 050101
New Hanover County
Dear Mr. Newton:
On May 23 2012, Wilmington Regional Office personnel performed a Compliance Inspection
and a file review of the subject project, located at Pine Grove Drive in Wilmington, New Hanover
County, North Carolina. The inspection was performed to determine the status of compliance
with Stormwater Permit Number SW8 050101, issued to you on January 26, 2005.
The project has been found in violation of Stormwater Permit Number SW8 050501, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to certify the stormwater system. A file review revealed that this office
has not received a Designers Certificate.
Permit condition states that 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.
2. Failure to submit the recorded Restrictive Covenants. A file review revealed that
this office has not received a Designers Certificate.
Permit condition II. 13 states that prior to the sale of any lot, the following deed restrictions must
be recorded.
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 30 days of receipt of this Notice of Deficiency.
2. Submit the required Designers Certificate,
3. Provide the recorded restrictive covenants
Wilmington Regional 01fice
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748
Internet: www.ncwaterquatity.org
An Equal Opportunity 1 AfTirmkve Action Employer
Aturally
ehCarolina

May 23, 2012
Somersett Place
Stormwater Permit No. SW8 050101
Failure to provide the "Plan of Action" upon 30 days of receipt of this letter, or to correct the
violations by the date designated in the "Plan of Action", is considered a violation 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.
If you have any questions concerning this matter, please tali David Cox at 910 796-7318.
Sinc rely,
foT Charles Viakild, P.E., Director
Division of Water Quality
GDSI dwc: S:IWQS1Stormwater\Permits & Projects120121050101 HD12012 05 NOD 050101
cc: Phil Tripp
New Hanover County Building Inspections
Karen Higgins
Georgette Scott
WiRO
if
Page 2 of 4

May 23, 2012
Somersett Place
Stormwater Permit No. SW8 050101
Designer's Certification
1, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically / weekly 1
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 3 of 4

May 23, 2012
Somersett Place
Stormwater Permit No. SW8 050101
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are.located per the approved plans and do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
inspector, county County Building Inspections
Page 4 of 4

Compliance inspection Report
Permit: SW8050101 . Effective: 01/26/05 Expiration: 01/26/19 Owner. Somersett Development, Inc.
Project: Somersett Place
County: New Hanover Somersett Ln
Region: Wilmington
Wilmington NC 28409
Contact Person: Michael Newton Title: Phone:
Directions to Project:
From the intersection of NC 132 and NC 76, travel east on 76 to Pine Grove Drive. Turn right on Pine Grove for approx 40001f.
Somersett Lane is on the left_
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (Hewletts Creek) (03-06-24 ) ( SA;HQW)
2 - (Howletts Creek) (03-06-24 ) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 05/23/2012 Entry Time: 02:10 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: Q Compliant ® Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 02:30 PM
Phone., 910-796-7215
Inspection Type: Compliance Evaluation
Page: i

Permit: SW8050101 Owner - Project: Somersett Development, Inc.
Inspection Date: 05/23/2012 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
In order to bring this system into compliance for permit transfer you must provide the following:
1. Submit the recorded Deed Restrictions
2. Submit the required Engineer's Certification
File Review
Yes
No
NA
NE
Is the permit active?
■
❑
❑
❑
Signed copy of the Engineer's certification is in the file?
❑
®❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
®❑
❑
❑
Copy of the recorded deed restrictions is in the file?
❑
❑
❑
Comment: This office has not received the Engineer's Certification or Recorded
Restrictive covenants.
SW Measures
Yes
No
NA
NE
Are the SW measures constructed as per the approved plans?
■
❑
❑
❑
Are the inlets located per the approved plans?
®❑
❑
❑
Are the outlet structures located per the approved plans?
■
❑
❑
❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to IDWO ❑ ❑ ❑ B
upon request?
Comment:
Page: 2

a
State Stormwater Management Systems
Permit No. SW8 050101
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
Michael Newton & Somersett Development, Inc.
Somersett Place
Pine Grove Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of an infiltration basin 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 January 26, 2015 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for 31 lots, each allowed 3,250 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 8

State Stormwater Management Systems
Permit No. SW8 050101
5. The following design elements have been permitted for this infiltration basin
stormwater facility, and must be provided in the system at all times.
Basin #1
Basin #2
a.
Drainage Area, acres:
1.46
5.69
Onsite, ft2:
59,097
247,856
Offsite, ft2:
4,500
0
b.
Total Impervious Surfaces, ft2:
31,590
112,674
Lots at 3,250 ft2:
16,250
84,500
Roads/Parking, ft2:
7,793
20,520
Other, ft2:
3,047
7,654
Offsite, ft2:
4,500 (Pine Grove)
0
C.
Basin Depth, feet:
2.25
4.5
d.
Design Storm:
3.5"
2.5"
e.
Bottom Elevation, FMSL:
20.5
19.0
f
Permitted Surface Area @Bottom, ft2:
3,415
3,760
g.
Permitted Storage Volume, ft3:
9,516
26,944
h.
Storage/Bypass Elevation, FMSL:
22.75
23.5
i.
Type of Soil:
Fine - medium sand
j.
Expected Infiltration Rate, inlhr:
7.0
33.0
k.
Time to Draw Down, hours:
5
3
I. Receiving Stream 1 River Basin: Hewletts Creek 1 Cape Fear
m. Stream Index Number: CFP24 18-87-26
n. Classification of Water Body: "SA"
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.
3. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 050101
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 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.
7. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Infiltration systems should not be used
as erosion control devices, due to the potential clogging. If the stormwater
system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
8. 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.
9. 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.
10. 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.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 050101
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.
12. 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.
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050101, 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.
The maximum built -upon area per lot is 3,250 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. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
14. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
15. 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.
16. 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.
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 050101
III. GENERAL CONDITIONS
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.
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 26th day of January 2005.
NORTI�--CAROLIN,A ENVIRONMENTAL MANAGEMENT COMMISSION
Alan . Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 8

Re: Somersett Place
"
;.. 'a
Subject: Re: Somersett Place
From: Kent. [e-mail]
Date: Thu, 20 Jan 2005 14:20:01 -0500
To: Linda Lewis <Linda.Lewis@ncmail. net>, [e-mail]
CC: [e-mail], [e-mail],
[e-mail]
Linda,
No city stormwater permit can be issued until DWQ approval is obtained per city code. We are satisfied
that the plan otherwise complies with city code.
This segment of Pine Grove is depressed and does not have a drainage system. A portion of this site is
in the depressed area. ,
Where extension of drainage systems to a site are not feasible; City code allows the developer to
construct an oversize system to serve the site. The system is to be designed such that there is no
discharge in the 10-year storm. That is what the developer opted for in this case.
I believe the county topo map indicates the current plan configuration is consistent with the existing
drainage pattern.
Thanks
Kent
Linda Lewis <[e-mail]>
To: Kent Harrell <[e-mail]>
01/19/2005 05:37 PM cc: Charles Cazier <[e-mail]>
Subject: Somersett Place
Kent:
Tripp Engineering responded to my concerns regarding the "looping" of
drainage. Charlie explained that the overflow from the infiltration
basin will be directed onto the adjacent property. Is this OK with the
City? Is that lot the historic drainage outlet or low spot for this
drainage? Does this drainage go anywhere or does it just collect on the
adjacent property? There is not enough contour information provided to
make a judgement.
I am hesitant to issue a permit knowing that the overflow from this
basin is simply directed onto an adjacent property, which may expose the
State to litigation about flooding or property damage due to flooding.
Additionally, depending on what happens to the drainage that collects on
the adjacent property, the flood potential could be considered a
contributing factor in whether or not we think this system might fail
prematurely.
1 of 2 1/21/2005 8:18 AM

Re: Somersett Place
Charlie also indicates that the City requested them to pick up the water
from Pine Grove Drive. I would prefer if that runoff was not.directed
into the infiltration basin. I thought you had told me in our previous
emails that the DOT was responsible for this.
Thanks,
Linda
2 of 2 1/21/2005 8:18 AM

Somersett Place
Subject: Somersett Place
From: Linda Lewis <[e-mail]>
Date: Wed, 19 Jan 2005 17:37:25 -0500
To: Kent Harrell <Kent.Harrel [e-mail]>
CC: Charles Cazier <[e-mail]>
Kent:
Tripp Engineering responded to my concerns regarding the "looping" of drainage.
Charlie explained that the overflow from the infiltration basin will be directed
onto the adjacent property. Is this OK with the City? Is that lot the historic
drainage outlet or low spot for this drainage? Does this drainage go anywhere or
does it just collect on the adjacent property? There is not enough contour
information provided to make a judgement.
I am hesitant to issue a permit knowing that the overflow from this basin is simply
directed onto an adjacent property, which may expose the State to litigation about
flooding or property damage due to flooding. Additionally, depending on what
happens to the drainage that collects on the adjacent property,.the flood potential
could be considered a contributing factor in whether or not we think this system
might fail prematurely.
Charlie also indicates that the City requested them to pick up the water from Pine
Grove Drive. I would prefer if that runoff was not directed into the infiltration
basin. I thought you had told me in our previous emails that the DOT was
responsible for this.
Thanks,
Linda
1 of 1 1/19/2005 5:37 PM

TRIPP ENGINEERING P.C.
419 Chestnut Street
Wilmington, North Carolina 28401
Phone: [phone] • FAX: [phone]
January 17, 2005
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Somersett Place
Project No. SW8 050101
TE 04086
Dear Linda:
In response to your comments dated January 12, 2005, we offer the following:
1. Revised deed restrictions are enclosed.
2. The current design of basin No. 1 does not overflow during a 10-year storm.
(See enclosed 10-year routing) The overflow during a larger event will
follow the existing vegetated topography to the adjacent lot, not Pine Grove
right-of-way,
3. We acknowledge Pine Grove Drive is not required to be treated by state
rules. The City of Wilmington has requested this.
4. A sealed, notarized acknowledgement of the creation of Somersett
Development, Inc. is enclosed.
Please review for approval and contact us with any questions, comments or if
you need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
(XU&'O '/'
Charles D. Cazier, E.I.
CDC: dcb
Enc.

storm water drainage. Except as provided by this Declaration, no acts shall be taken or
things done by an Owner or the Association which are inconsistent with the reservation and
grant of use and enjoyment hereinahove provided.
Section 13.2 Snow Removal, Nfaintenance. Reconstruction or Resurfacing. The
Association, at the cost zinc] expense of the Association, shall provide snow removal from,
maintenance to and resurfacing or reconstruction of any non -dedicated streets or any storm
water drainage facilities included as a part thereof or installed thereunder as it deems
necessary or appropriate from time to time within its sole discretion.
ARTICLE ?HIV
RECEIVED
JAN 18 2005
CONS`rAL STORNINVATER NIANAGENIEN`I' DWQ
REGULATIONS BINDING ON Soniersett Place
PROM #
in accordance with Title 15 NCAC 2H.1000. the Coastal Stormwater tManaoement
Regulations, deed restrictions and protective covenants are required for certain
developments where lots will be subdivided and -sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" surface
area consistent with the applicable regulation limiting built -upon area. The following deed
restrictions and covenants must be recorded prior to issuing the Stormwater Management
Permit:
1.1 The following covenants are intended to ensure ongoing compliance with the
State Storm Water Permit Number SW5050101. ;is issued by the;
Division of Water Quality under NCAC 21-1.1000.
1.2 The State of North Carolina is made a beneficiary of these covenants to the
extent necess.rry to maintain conpliance with the stornnvater Mana�lcillent permit.
1.3 'These covenants are to run with the land and be binding on all persons and
parties claiming under them.
1.4 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.
1.5 Alteration of the drainage as shown on the approved pion may not tale place
without the concurrence of -the Division of Water Quality.

114 31 d2569788
`+► FUSS & FAIRL.EY, PC PAGE 01
gcti2. i h Densily Re
sidgnub ivis' ns
2.1 The maximum allowable built -upon area per lot is 3,250 square :Feet. This
allotted amount includes any built -upon area consti-uctc l 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, and coquina, but does not include
raised, open wood decking, or the water surface of swimming.
2.2 Filling in or piping of any vegetative conveytLnccs (ditches, (wales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any parsons.
2.3 All a-unof'f from the built -Ligon area.,, on the lot mint drain into the permitted
system. This may be accomplished through a variety of means including roof drain
gutters which drain to the,street, grading the lot to'drain toward the street, or grading
perimeter swales to collect the lot runoff and directing them into a component of the
storm water system. Lots that will naturally drain into the system are not required
to provide these additional measures.

NORTH. CAROLINA
Department of The eeretar y of State
To all whom these presents shall come, Greetings:
r, FLA.INE [{. MARS:I:--TALL, Secretary of State of the State of :\Iorth Cailolina; do
hereby ceftify the; following aiici hereto attached to be a true copy of
/.-UkT> CLE' S O:r+ INC:ORPORf1TIOiV
0 1�
SOMERSETT DEVELOPMENT, INC.
the original of which was filed in this office on the 5th day of August, 2004.
RECEIVED
JAN 1 8-2005
nwQ
PROD #
M WITNESS WHEREOF, I have hereunto
set my hand anti affixed nay official seal at the
City of Rhleigl�, this Sth clay of August, 2004
Secretary of State
Document Id: C2004218DD06
4

SOSTD: 737576
'Date Filed: 815/2004 1:06:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200421800064
' Sf�3te of North CArolina
I)epartn:ietit of the 1.3ecretayy cif State
ARTICLES OF INCORPORATION
Pursuant to s.s, 55-2-02 of the General. Status of North Carolina, the undersigned does
hereby submit these Articles of Incorporation for the purpose of forming a business
corporation.
1. The name of the corporation is: Sonnersett Development, Inc.
2. The number of shares the corporations is authorized to issue is: 1000
Thesc shares shall bc: (check either a or b).
X all of one class, desigiated as connmon stock; or
b. divided into classes or series within a class as provided in the
attached schedule, with the information required by NCGS s.s 55-5-01.
3. The street address and county of the initial registered office of the
corporation is:
5600 Maxwell Place
Wilmington, NC 29409
New Hanover County
4, The Tnai ling address if different from the street address of the initial `
registered office i s:
5600 Maxwell Place
Wilmington, NC 28409
5. The name of the initial registered agent is: Michael Newton
G.. Ariy other provisions which the corporation elects to include are attached,

7. The narne and address of each incorporator is as follows.
Williarn H. Fuss
19041-�ist%vood Road, Suite•2t4
Wilmington, NC 28403
New Hanover County
8. These articles will be effective upon filing, unless a date and/or times is
specified.
This the 2"' .lay of August, 2004
Somersett Developement, Inc was set up in the offices of Fuss and Fairley, P.0
and sent to the North Carolina Department of The Secretary of State for filing.
)VkN S.1109
WARY PUBLIC
EXPIRES
SEPTEMBECOMMISSION, 2008 Z
OVER CGI

U,U A)g
•7i 8Uq WiA'Tf;:7
r) l roS .t B50f."MR

NI NUTES OF FIRST MEETNG OF RECEIVED
BOARD OF DIRECTORS OF
Sornersett Development, L e.
JAN 12 2005
nwQ 1
pRQJ Cw 050/o1
The First meeting of the Board of Directors of the Corporation was held at the date, time
and place described in the written Waiver of Notice immediately preceding the minutes of this
meeting. The foilowiw, directors were present:
Michael Newton
Gary S. Pope
The following were chosen Temporary Chairman and Temporary Secretary of the
meeting:
Temporary Chairman: Michael Newton
Temporary Secretary: Gary S. Pope
The Chairman indicated that the first order of business was the election of officers.
Upon motions duly made, seconded and carried. the following were elected as officers of the
Corporation:
President: Michael Newton
Vice President: Gary S. Pope
Secretary: Michael Newton
Treasurer: G�Iry S. Pope:

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
S64j'?0s0101
Date: [—I 2 -05 No. Of Pages: 4 �✓ �.O;i� fhrs0,1e)
To: Ch-a-b'e Cazr'e►-- From: Li h 2 e,,z 5
CO: T�=-+-pp Co..
FAX 5603 I FAX#: [phone]
REMARKS: COOS, Of re UeS � zc�4� �i'v� z� I- &-m0 it 6o .
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

�0F W ATER Michael F. Easley, Governor
p G William G. Ross, Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
0 'r Alan W. Klimek, P.E. Director
Division of Water Quality
January 12, 2005
Mr. Michael Newton, President
Somersett Development, Inc.
5600 Maxwell Place
Wilmington, NC 28409
Subject: Request for Additional Information
Stormwater Project No. SW8 050101
Somersett Place
New Hanover County
Dear Mr. Newton:
The Wilmington Regional Office received previously requested information regarding the
Express review of the Stormwater Management Permit Application for Somersett Place on
January 12, 2005. A preliminary review of that information -has determined -that --the application -- is not complete. The following information is needed to continue the stormwater review:
1. As previously requested, since this is a high density project, the deed restrictions
must be revised to include the language for high density subdivisions. Please
revise the deed restriction language to that shown on the attached document.
2. 1 am concerned about the "looping" of drainage from the new swales along Pine
Grove Drive into Basin #1. The overflow from Basin #1 appears to go right back
into the swale. No ultimate drainage outlet for this basin is shown.
3. Why are you bringing in runoff from Pine Grove Road? Under the stormwater
rules, you are not required to do this. You have the option of rerouting that runoff,
if possible.
4. Please have the person who transcribed the minutes of the meeting for the Board
of Directors of Somersett Development, Inc., sign and date the submitted
document.
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 January 19, 2005, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which.you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the
permit.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748
Wilmington Regional Office Wilmington, INC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
Nah malty

Mr. Newton
January 12, 2005
Stormwater Application No. SW8 050101
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:1WQSISTORMWATIADDINFO120051050101-2.jan05
cc: Charles Cazier, Tripp Engineering
Linda Lewis
Page 2 of 2

FILE MODE
191 MEMORY TX
P. 1
COMMUNICATION RESULT REPORT ( JAN.12.2005 3:51PN )
TI NCDENR WIRO
OPTION ADDRESS (GROUP) ---RESULT-----_PAGE
-----
9-7635631
----REASON
—FOR ERROR ---- E-2),BUSY
E-1) HANG UP OR LINE FAIL i
E-3) NO ANSWER E-4)',NO')FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office,
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
P. 4/4
�Gv ��sol�l
Z � (� i� 441s0ft)
Date: j— t r0 ' No. Of Pages::�';�' r
To: 11'2 cai!l,e►- From: L'In}_ P- L&AIjS
CO: CO,
FAX # : rl (a 3 -- S 31 FAX#: 9 0-350=2004
REMARKS:a�at� rZ rr, U¢S�,' hAl al 0 m &wi
' � Y
127 Cardinal Drive F.Wnalon, Wilmington, N.C. 28405-3045 Telephone [phone] pea [phone]
An Equal Opportunity Affirmative Action Employer

�GY—lY.l—CJY IJ�J-/ YKUI.I�SO,1�C WILI'711�{1s 1VIY l U; Z' lr/����J 51:1
I�fl4aG G/ G
'• fit :'� �,1¢�y�i,�, ��- �;1: f�_,
Mr. Gary Pope
709 Benchmark Court
Wilmington, North Carolina 28409
September 10, 2004
Reference: Double Ring hifiltrometer Testing
Somerset Lane
Somerset Place
Wilmington, North Carolina
Job No. 1061-04-3 11
Dear Mr. Pope:
RECEIVED
JAN 12 2005
roQS
PROM # '5(4)C)/D l
As requested, S&ME personnel have recently conducted two double -ring infiltrometer tests of the
surficial soils at the subject site at the approximate locations shown in Figure 1. Specifically, our
representatives performed the following work items on September 8, 2004:
1. Advanced one hand-augered boring near each infiltrometer test location in
order to visually classify the in -place soils. A Munsell Soil Color Chart was
used to define the hue and chnoma of the recovered soil samples.
2. Conducted two double -ring infiltrometer tests at a depths of 3 and 4 inches
below the existing ground surface. This testing was conducted in general
accordance with American Society for Testing and Materials (ASTM)
procedure D-3385 entitled, "Infiltrations Rate of Soils in Field Using Double -
Ring Infiltrometer".
Barad on our field classifications of the excavated soils at the hand-augered boring locations, the in -
place soils consist of -fine to medium sands with a trace of silt which extended to the completed
boring depths of 66 and 86 inches below the existing ground surface- Water was encountcrrd at
Location l at a depth of 71 inches below the existing ground surface, and at a depth of 77 inches at
Location 2. The site water level will fluctuate with climatic and seasonal conditions, however, and
may be higher or lower at other tunes of the year. It is our opinion that the depth to the seasonal
high water table exceeds six feet below the existing ground surface.
58,ME, Inc. [phone]
6419 Amsterdam Woy, Building 33 (9101 799-9958 fox
Wilmington, North CaroUna 28405

SEP-10-04 13:37 FROM�SaME WiLMLNUTUM
IWitjIf0'?t.Jtit) y7ta t-Ak;t J/4
Mr. Gary Pope .
S&ME Job Number 1061-04-311
September 10, 2004
Page Two
The average infiltration rate at test location 1 was approximately 7.8 inches per hour. At test
location 2, the average infiltration rate was approximately 33.2 inches per hour. A summary of the
field test results is presented in Tables I and 2.
S&ME appreciates the opportunity to provide our services during this phase of the project. Should
you ha've any questions after reviewing this letter, or if we can be of additional assistance, please do
not hesitate to contact us at your convenience.
Sincerely,
S&ME, INC.
CA
C. Richard Connell,1I
Senior Engineering Technician n
Randy Martin, P-E.
Branch Manager
CRCRG1AJJns
Copy: Tripp Engineering

SEP— 1 0-04 1 3 : 38 FROM : S&ME 1./ 1 LM 1 M;TON 113 % �j 1 Yl /=y�y 5u
s
11AGE 4/6
TABLE I
Double Ring lnfiltrometer Testing
Somerset Lane
Somerset Place
Wilmington, North Carolina
Job No. 1061-04-311
Location: 1
Date of Test: September 8, 2004
Depth of Test Below Site Grade: 3 inches
Depth of Water in Rings: 4 inches
Inner Diameter of Inner Ring: 113/, inches
Inner Diameter of Outer Ring: 22'/2 inches
Depth to Water: 71 inches
Average Infiltration: 7.8 inches per hour
SOIL PROFILE
Depth
Inches
Hue
Value/Chrome
Soil 12sagi tR ion
0-12
2.5 Y
5/4
Light olive brown fine to medium SAND - trace of silt
12-26
10 YR
5/8
Yellowish brown fine to mediurn SAND - trace of silt
26-45
2.5 Y
6/8
Olive yellow fine to medium SAND - trace of silt
45-66
2.5 Y
7/3
Palo yellow fine to medium SAND - trace of silt

SEP-10-04 13:36 rHUM466ME W1LM114"lUty eu:=IrJ�trb5�J5o
YHI:G 7/ C
TABLE 2
Double Ring Infiltrometer Testing
Somerset Lane
Somerset Place
Wilmington, North Carolina
Job No. 1061-04-311
Location: 2
Date of Test: September 8, 2004
Depth of Test Below Site Grade: 14 inches
Depth of Water in Rings: 4 inches
Inner Diameter of Inner Ring: 11% inches
Inner Diameter of Outer Ring: 22'/1 inches
Depth to Water: 77 inches
Average Infiltration: 33.2 inches per hour
SOIL PROFILE
Inches
Hue
Value/ChroM
Soil Description
0-4
2.5 Y
4/1
Dark gray fine to medium SAND - truce of silt
4-12
2.5 Y
5/2
Grayish brown fine to medium SAND - trace of silt
12-63
10 YR
5/6
Yellowish brown fine to medium SAND - trace of sift
63-86
10 YR
4/6
Dark yellowish brown fine to medium SAND - trace of silt

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DOUBLE•RI NQ INFiLTftOMETFR iasnNG
FIGURE
SOMERSET LANE
NUMBER
SOMER8ET PLACE
WILMINGTON, NORTH CAROLINA
JOB NU►IDE rt- 1061.04.311

RECEIVED
JAN 12 2005
DWQ
PRQJ # sw OSv��
STATE OF NORTH CAROLINA
DECLARATION OF COVENANT'S,
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW I-IANOVER
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR Somersett Place (as may be amended orsupplemented as set forth
herein, "Declaration") is made this day of , 2004, by Somersett
Development, Inc., a North Carolina corporation, whose address is 5600 Maxwell Place,
Wilmington, North Carolina, 28409, (the "Declarant").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in New Hanover
County, North Carolina. and more particularly described on Exhibit A attached hereto and
made a part hereof (the "Pro el-W' Or "SLfbdly4slon"); and
B. Declarant is developing the Property known as "Sonlersett Place" by
subdividino it into" Lots" that are to be used for residential purposes as well as common real
L��Iate and improvements that �rre to be owned by a liomeowners� associatic,:i to which the:
Owner of a Lot ntLtSt belong and pay lien-tiuppoi-ted niturltenanec astie.s5ment,s; and
C. At the time of the conveyance of a Lot to an Owner, the Declarant intends to
make available the common amenities on the Property, if any, as they are built, and. at the
time of completed development, the entire Property, excluding the Lots and dedicated
streets, ifany, shall be conveyed without cost or charge to the Association.
,rHEREi+ORE, the Declarant hereby declares that all ol� the Lots and Common
Areas (defined below) located within the Subdivision are Iield �rnd shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied and improved, subject to the
following- covenants, conditions and restrictions. all of which are established and agreed
upon for the purpose, of enhancing, and protecting the value, desirability and attractiveness
of the Subdivision as a whole and of each of -said Lots. All of these restrictions shall run

storm water drainage. Except as provided by this Declaration, no acts shall be taken or
things done by an Owner or the Association which are inconsi sten't with the reservation and
grant of use arid enjoyment hereinabove provided.
Section 13.2 Snow Rcmoval, 1Jlaintemincc, R.econstructio€h br Resurfacing- The
Association, at die cost and expeiis� of the Association, shall. provide snow removal l-roni,
maintenance to and resurfacing or reconstruction of any non -dedicated streets or any storm
water drainage facilities included as a part thereof or installed thereunder as it deems
necessary or appropriate from time to time within its sole discretion.
COASTAL STO.RMWATER NIANAGEMEN'r, ,
RI ,GULATI.ONS BINDING ON Solnersett Place
In 'accordance with Title 1.5 NCAC 21-I,1000, the Coastal Storrnwatel' Management
Regulations, deed restrictions and protective covenants are required for certain
developments where lots will be subdivided and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" surface
area consistent with the applicable regulation limiting built -upon area. The following deed
restrictions and covenants must be recorded prior to issuing the Stormwater Management
Permit -
Section 1 For All Projects:
1'.1 The following covenants are intended to ensure ongoing compliance with the
State Stol-lllwiltel_ 1%/l1na0er1ler1t I)CClllit Number SW8050101, its issued by the;
Division of Water QEI�lhCy tlrldel' NCAC 2l-l.l OOO.
1.2 T11e State of Nol-th Ca101111i1 15 made it beneticlal'y Of these Wven�lnts CO ,the
extent neCCsSilry to ilia lntaln CbillpIlance. wll:h the storl11wati;r Ill ,I11,1g :111en[ per1111t-
1.3 Tlleso covenants are to run with the land and be binding on all 1iaersons and
parties claiming under them.
1.4 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.
l _5 Alteration of the drainage as shown on the approved plan play not take place
without the concurrence of the Division of Water Quality.
Section 2. Low Density Residc; tlid Subdivisions
2.1 The lllaxinlunl al]OWable bllilt-upon arca'per lot is 3,250 square lect. This
allotted anlotlnt includes any bt€ilt-upon area constructed within the lot prol)crty

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, brave], brick, stone, slate, and cocluina, but does not include
I-aisccl, open wood decking, or the water surface of swimming.
2.2 Filling in .or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
2.3 f-'ach lot will n)aintain a 30" wide vebctlted buffer helween all illmpervious areas
and SLH-17"ICG waters.
2.4 All roof drains sliall tel-niinate at least 30" from the mean high water mark of
SLIrfaCC WateiS.

January 11, 2005
Site Visit Report
Somersett Place
Wilmington, NC
TE 04086
Vincent Lewis, Gary Pope, Michael Newton and myself visited the proposed site for soils
investigation on August 25, 2004 at 1:30 pm. A test hole was excavated by means of
backhoe at the proposed basin No. 2. This site was found to have an 8' SHGWT (16.5
elevation). A second test hole was excavated at the proposed basin No. 1. This site was
found to have a 5.5' SHGWT (18.5 elevation).
Both test sites were deemed acceptable for infiltration. Basin No. 1 contained light gray
medium -fine sand. Basin No. 2 contained yellow course -medium sand.
RECEIVED
JAN 12 2005
nw@
PROJ # SU90 SU/D/

�0F WATFRQ Michael F. Easley, Governor
O G William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
January 5, 2005
Mr. Michael Newton, President
Somersett Development, Inc.
5600 Maxwell Place
Wilmington, NC 28409
Subject: Request for Additional Information
Stormwater Project No. SW8 050101
Somersett Place
New Hanover County
Dear Mr. Newton,
The Wilmington Regional Office received a Stormwater Management Permit Application for
Somersett Place on January 4, 2005, with a scheduled review date of January 4, 2005. A
preliminary review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
2. Please provide a copy of the soils report and let me know if our Soils Scientist,
Vincent Lewis, has visited this project. If Vincent has not visited .the site to
confirm the soils, please make arrangements through me to schedule a site visit.
3. Please delineate the drainage area to each of the proposed infiltration basins.
4. Please show the location and boundaries of the 2,880 square foot offsite area
accounted for in Basin #1.
5. Please add the nearest intersection of two major roads to the vicinity map. A
major road is any 1, 2 or 3 digit NC, US or interstate highway.
6. As a high density project, all runoff from the impervious areas must be directed
into the proposed infiltration basins. Please show on the plans the methods to be
employed which will accomplish this.
7. Please provide a corrected copy of the proposed deed restrictions to include the
required language for high density subdivisions, attached. Additionally, the built -
upon area per lot specified in the deed restrictions is 4,000 square feet, but the
calculations only account for 3,250 square feet.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
NorthCaralina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Naturally

Mr. Newton
January 5, 2005
Stormwater Application No. SW8 050101
8. The built -upon area reported on the application for Basin 1 is 29,970
square feet, however, the calculations only account for 27,090 square
feet.
9. The street built -upon area reported on the application for Basin 2 is 29,520
square feet, however, the calculations only account for 20,520 square
feet.
10. Please provide documentation of your status as president of Somersett
Development, Inc.
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 January
12, 2005, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 60 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,
44_'6kU �"'
Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWATIADDINFO120041050101.jan05
cc: Phil Tripp, P.E., Tripp Engineering
Linda Lewis
Page 2of2

STATE OF NORTH CAROLINA
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR Somersett Place (as may be amended or supplemented as set forth
herein, "Declaration") is made this day of . 2004, by Somersett
Development, Inc., a North Carolina corporation. whose address is 5600 Maxwell Place.
Wilmington, North Carolina, 28409, (the "Declarant").
WITNESSETH:
A. Declarant is the owner and developer of certain real estate in New Hanover
County. North Carolina, and more particularly described on Exhibit A attached hereto and
made a part hereof (the "Pro arty" or "Subdivision"); and
B. Declarant is developing the Property known as "Somersett Place" by
subdividing it into "Lots" that are to be used for residential purposes as well as common real
estate and improvements that are to be owned by a homeowners association to which the
Owner of a Lot must belong and pay lien -supported maintenance assessments: and
C. At the time of the conveyance of a Lot to an Owner. the Declarant intends to
make available the common amenities on the Property, if any, as they are built, and, at the
time of completed development, the entire Property, excluding the Lots and dedicated
streets, if any, shall be conveyed without cost or charge to the Association.
THEREFORE, the Declarant hereby declares that all of the Lots and Common
Areas (defined below) located within the Subdivision are held and shall be held, conveyed,
hypothecated or encumbered, leased, rented, used, occupied and improved, subject to the
following covenants, conditions and restrictions, all of which are established and agreed
upon for the purpose of enhancing and protecting the value, desirability and attractiveness
of the Subdivision as a whole and of each of said Lots. All of these restrictions shall run

with the land and shall be binding upon the Declarant and upon the parties having or
acquiring any right, title or interest, legal or equitable in and to the Property or any part or
parts thereof subject to such restrictions, and shall inure to the benefit of the Declarant and
every one of the Declarant's successors in title to any of the Property.

utility lines. mains, sewers or other facilities to transmit and carry sanitary sewerage and
storm water drainage. Except as provided by this Declaration. no acts shall be taken or
thin(,s done by an Owner or the Association which are inconsistent with the reservation and
arant of use and enjoyment hereinabove provided.
Section 13.2 Snow Removal. Maintenance. Reconstruction or Resurfacina. The
Association, at the cost and expense of the Association, shall provide snow removal from,
maintenance to and resurfacing or reconstruction of any non -dedicated streets or any storm
water draina�7e facilities included as a part thereof or installed thereunder as it deems
necessary or appropriate from time to time within its sole discretion.
ARTICLE XIV
COASTAL STORMWATER MANAGEMENT
REGULATIONS BINDING ON Sornersett Place
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management
Regulations, deed restrictions and protective covenants are required for certain
developments where lots will be subdivided and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a"built-upon" surface
area consistent with the applicable regulation limiting built -upon area. The following deed
restrictions and covenants must be recorded prior to issuing the Stormwater Management
Permit:
Section 1 For All Projects:
] .I The following covenants are intended to ensure ongoing compliance with the
State Stomlwater Management Permit Number as issued by
the Division of Water Quality under NCAC 2H.1000.
1.2 The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the stormwater management permit.
1.3 These covenants are to run with the land and be bindin, on all paersons and
parties claiming under them.
1.4 The covenants pertaining to storntwater may not be altered oi- rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
1.5 Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
Section 2. Low Density Residential Subdivisions
11 The maximum allowable built -upon area per lots 5 4.000 s uare 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, and coquina, but does not include
raised, open wood decking, or the water surface of swimmin�c, UY,
The maximum allowable built -upon area per
# BUA \ Lot # B
s as follows:
Lot n \BUA
These all ted amount, include any bui -upon area con', tructed withi the lot
property bo daries, and rt portion of the 'ght-of-way bet een the front l line
XIC the edge the paveme Built upon a �a includes, bu is not limited o,
structures, alpha ,concrete, grav brick, stone. ate, coquina a 1 parking areas,
but d s not include ,used, open wood decking, or t water surfact f swimming
pools.
2.2 Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
2.3 Each lot will maintain a 50" wide vegetated buffer between all impervious areas
and surface waters.
2.4 All roof drains shall terminate at least 30" from the mean high water mark of
surface waters.
Section ; Low.Densitv.Subdivisionwith Curbs and Gutters.
r
3.1 Filling in, Bpi" ng or altering y desi gat -:1 curb outs w le associated
with .the de lopment is' prohi ' ed b -any sons.
3.2 is projecfi /DprODpo e, a curb o tlet system.,E' desi�rratedcurb tlet Swale
shy n on the,approv plan rri�u rbe maintained• a minim um,of 10 Ion- with 5:1
:V) side slopes r flatter fi�►ve a lonRI udi a�tl slope steepe an °lo,/cany the
slow fcorn a 10 ear st in a non�erosi man�neeiZair rnai ain a dense vegetated
cover. �

IN WITNESS WHEREOF. Declarant has caused this instrument to be executed as of
the day and year first above written.
Somersett Development, Inc.
President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
This day of 2004, personally came before me
Notary Public of
COuntV, State Of
who, being by me duly sworn, says that lie/she is President of Somei\sett Development,
Inc., a North Carolina corporation, and that the serf] affixed to the foregoing instrument
in writing is the corporate seal of said corporation, and that said writing was signed.and
sealed by him/her in behalf of Said corporation by its authority duly given. And the
President acknowledged the said writing to be the act and deed of said corporation.
Witness my hand and official stamp or seal this day of
.2004.
Notary Public
My conunission expires:
[NOTARIAL SEAL]

Page 1 of 1
North Carolina
Elaine F Marsha!! DEPARTMENT OFTI-lE
Secretary SECRETARYOFSTATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
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Date: 1/4/2005
Click here to:
View Document Filings I
Print apre-populated Annual Report Form I File an Annual Report I
Corporation Names
Name
Name Type
NC Somersett
Legal
Development, Inc.
Business Corporation Information
SOSID:
0737576
FID:
Status:
Current -Active
Date Formed:
8/5/2004
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Newton, Michael
Registered Office Address:
5600 Maxwell Place
Wilmington NC 28409
Registered Mailing
5600 Maxwell Place
Address:
Wilmington NC 28409
Principal Office Address:
No Address
Principal Mailing Address:
No Address
Stock
Class Shares
No Par Value Par Value
Common 1000
Yes NIA
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PItemld=6503769 1/4/2005

SOS] D: 737576
Date Filed: 8/5/2004 1:06:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200421800064
State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
Pursuant to s.s. 55-2-02 of the General Status of North Carolina, the undersigned does
hereby submit these Articles of Incorporation for the purpose of forming a business
corporation.
l . The name of the corporation is: Somersett Development, Inc.
2. The number of shares the corporation is authorized to issue is: 1000
These shares shall be: (check either a or b)
a. --_XL 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 NCGS s.s 55-6-01.
3. The street address and county of the initial registered office of the
corporation is:
5600 Maxwell Place
Wilmington, NC 28409
New Hanover County
4. The mailing address if different from the street address of the initial
registered office is:
5600 Maxwell Place
Wilmington, NC 28409
5. The name of the initial registered agent is: Michael Newton
6. Any other provisions which the corporation elects to include are attached.

7. The name and address of each incorporator is as follows:
William H. Fuss
1904 Eastwood Road, Suite 214
Wilmington, NC 28403
New Hanover County
8. These articles will be effective upon filing, unless a date and/or times is
specified.
This the 2°' day of August, 2004

December 10, 2004
RECEIVED
JAN 12 2005
DWQ
PROJ *
Stormwater Narrative
Somersett Place
Wilmington, NC
TE 04086
Somersett Place is a proposed residential subdivision of 6.98 acres. The necessary
improvements for the 31 lot subdivision include 28,313 sf of asphalt streets and 10,701 sf
of concrete sidewalk. Each of the 31 lots are allocated 3,250 sf, therefore the total
impervious area of this site is 139,764 sf. Runoff is to be treated by open infiltration. The
site is split into two drainage areas.
Basin No. 1 is designed to treat 1.46 acres. 0.17 acres is of off -site drainage. Within the
off -site drainage 4,500 sf of asphalt pavement is included. Within the site (1.29 ac), 5 lots
at 3,250 sf (16,250 so, 7,793 sf of asphalt street and 3,047 sf of concrete sidewalk also
drain to the basin. The proposed basin provides an overflow to an existing vegetated Rat
area for filtration. The eventual course for runoff not infiltrated is Hewlett's Creek,
classification SA. The basin is sized for the 1'/z" storm and overflow to meet the City pre -
post requirement.
Basin No. 2 is designed to treat 5.69 acres. Within this area 26 lots at 3,250 sf each
(84,500 so, 20,520 sf of asphalt street and 7,654 sf of concrete sidewalk are proposed.
The basin is designed for the first 1 %" of runoff and outflow to meet the City pre -post
requirement. The overflow is through thick vegetated area at approximately 7 to 1 slope
and more than 70 If. Overflow is routed to an existing ditch and to Hewlett's Creek,
classification SA

TRIPP ENGINEERING P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone; [phone] • FAX; [phone]
December 28, 2004
NCDENR
Division Water Quality
427 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Somersett Place
New Hanover County, NC
TE 04086
Dear Linda:
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, two (2) infiltration basin supplements, two
(2) sets of calculations and one check for the fast track application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
_I
Charles D. Cazier, E.I.
CDC:dcb
Enc.
RECEIVED
JAN 0 4• 2005
BY,�k D o /o 1

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I � ,

Somerset Lane Stormwater Infiltration
Subject: Somerset Lane Stormwater Infiltration
From: Vincent Lewis <[e-mail]>
Date: Fri, 13 Aug 2004 10:01:28 -0400
To: Linda Lewis <Linda. Lewi s@ncmai 1. net>, Rhonda Hall <Rhonda.Hall @ncmail.net>
An evaluation was done on Somerset Lane on August 13, 2004. The
watertable at the front of the site next to Pine Grove was at a depth of
5 feet and the site at the rear of the property was at 8 feet.
Vincent Lewis <Vincent.Lewis(a�ncmail.net>
0
1 of 1 8/13/2004 2:45 PM