SW8020709_HISTORICAL FILE_20101201

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. I SW
DOC TYPE ❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE-
WYYMMDD

M 1 '% �,�Lfab� d, G.
Hammers, Angela r� J
From: Hammeff,"Angela
Sent: Wednesday, Dece er 01, 2010 2A2 PM
To: '[e-mail].
Subject: reserve - SW8 020709
Attachments: 020709 octl0.pdf; DOC120110preserve.tif; DOC120110preservepe.tif
Mr. Leber,
I hope this finds you well. In response to a concern from a resident of The Preserve, I conducted a state stormwater
inspection at The Preserve located at the end of Bretonshire Road in Wilmington. I have attempted to forward the
inspection report findings to you at the address listed with DWQ (7202 Farrington Farms Drive, Wilmington, NC 28411),
however, the mail was returned.
DWQ has you as the VP for T. Leber Corporation as the Permittee and thus, responsible party, for Stormwater Permit
number SW8 020709 issued on August 3, 2003. Please find attached the inspection report and Notice of Violation for
the above mentioned project. Please note the date requested for a response is December 17, 2010.
As part of the plan of action to address the listed violations, please include an updated mailing address. You may contact
me via email, at 910-725-7317 or via snail mail at the address below.
Thank you.
Sincerely,
Angel Hammers
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.
Tracking:

Hammers, Angela
From:
Mail Delivery Service [[e-mail]]
To:
[e-mail]
Sent:
Wednesday, December 01, 2010 2:43 PM
Subject:
Undeliverable: The Preserve - SW8 020709
Delivery has failed to these recipients or distribution lists:
tsl(alec.rr.com
The recipient's e-mail address was not found in the recipient's e-mail system. Microsoft Exchange will not try to redeliver
this message for you. Please check the e-mail address and try resending this message, or provide the following diagnostic
text to your system administrator.
The following organization rejected your message: cdptpa-smtpinO1. mail.rr.com.
Diagnostic information for administrators:
Generating server: relay2mcmail.net
[e-mail]
cdptpa-smtpin0l.mail.rr.com #<cdptpa-smtpin01.mail.rr.com #5.1.1 smtp; 550 5.1.1 - Invalid mailbox: [e-mail]>
#SMTP#
Original message headers:
Return -Path: <angela.hammers ncdenr.gov>
Received: from relay2.ncmail.net (127.0.0.1) by relay2.ncmail.net (7.3.118)
id 4C6B33620047781F for tsl(aec.rr.com;. Wed, 1 Dec 2010 14:42:25 -0500
Received: from smtp.mail. nc.gov (10.12.5.151) by relay2.ncmail.net (7.3.118)
id 4C6B335F00422653 for tsl(alec.rr.com;. Wed, 1 Dec 2010 14:42:24 -0500
Received: from NCWITMXMBEV40.ad.ncmail ([10.12.5,42]) by
ncwitmxhtep32.ad.ncmail ([10.12.5.151]) with mapi; Wed, 1 Dec 2010 14:42:24
-0500
From: "Hammers, Angela" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Disposition -Notification -To: "Hammers, Angela" <[e-mail]>
Return -Receipt -To: <angela.hammers(a)ncdenr.gov>
Date: Wed, 1 Dec 2010 14:42:17 -0500
Subject: The Preserve SW8 020709
Thread -Topic: The Preserve - SW8 020709
Thread -Index: AcuRj9xXEDEd4WV2S+W8se3D]gOkCw==
Message-ID:<[e-mail]>
Reply -To: "Hammers, Angela" <[e-mail]>
Accept -Language: en -US
Content -Language: en -US
X-MS-Has-Attach: yes
X-M S-TN EF-Correlator:
acceptlanguage: en -US

Content -Type: multipart/mixed;
boundary="_006_3BO319EC73AB974DBD8E33AOD615F1184274DED972NCWITMXMBEV40_
MIME-V�ers�ion: 1.0
The Preserve -
SW8 020709

---------------r
TANHRIDGE ROAD
rea nni — ia� .
— —
--- --,.,, — — — � I � � Via•
N N W
Z
o Ln
�"z
m
N N (,+I -y
— O U7 O_ I $1 p �,'l �.•c{J o _ems.,. _
_
tea"as"A
WHIM
p qp p j t
N Ngn;.!
W F gqj E.
k I"II f.�� ,`` 11='� —y 'x I!!�
Z I NII Ya�{�yl!y
�'ffi�.1Yfd.A,J:1i k
-- — HRETONSHIRE ROAD
i I — • r�
al i;q
� . tg44�o � 74t �'•�� � 8�� � ��' F ;f� �r` • xaq e' � r «,� •' � / r � § �M �
gp T! l[... ItF _ tip 7� i=i �,:' 1• '�' t'
e 0.4l.il Nt Ra '"ud S .14�. ay a4i �" 'rf •~ '�� rif,..... :; :1
Hill
jj­_J�j
aa _ . - l 1_ _
GRBGORY Rl_0YuBLICj,y� ��}� �� i4 A - _ �•�__w` _-- a ----
.. 2'pd ^ Fq MtiOy l04*0v fREi vu'G JL {�_ a � _-� y _ _
fb
✓g<Til 11jig
gg � :4 n y 1 I I I I I Ij I I
g4f�fep vP a r �� 'I --�''9 '.•' - I Ilir
�lS 9� � �, •h iiq �;ttvv
104q $a.. a gg'.ul lil ^i .v I• II .��a i Il I I, i I .� I
F�� �� �� 8 F U S • j, .I � �� 7 I P III '! _ I I
�tj I 111
4 $ 4 GRADING, DRAINAGE, ER03[ON CONTR04
TRIPP ENGINEERING, P.C. I
� STORMI91TE, 'lATER MANAGEMENT AND UTILITY PLAN - - - - - -
Cgtio., t Street THE PRESERVE
11
NllminQton, Nnrlh Carolina 213407 - T
Phone !,m-•res-atoa (PERFORMANCE RESIDENTIAL COMMUNITY)
• ,,,+ Pe>�!lo vea-seat Wn,MDNGTON, NORTH CAROLINA
a

0 tip 1111 I` f1,11
'I 1� # 1 1 tQ �I 14 I 4t
y:{ .i;. nk
€i9
C.
kti•I E$Q- !!I$ � $ � h � � Ali j�;�a �$ •� �p! � �$� �y
lrr� t1 t' a• i� to 9 in
At
1141
` €Ikli 93Ixar_4Qe�
1 I��I I• IP+foA t
g�� 1 iQ�k 'g�+�•I!
�'
999 !1
3�-
c if r
I-14 1 r,�. z I'
i I e Ujl
1q�ji'I•III�I `
i LI
rr �1—. r
I ,1
is
rl j' i
a
' 9
n
ash
nj
s�
1
!r
�f
<I.
�,iq'ilnrc
le~
I I y da��3•���
! Ala , }
1
\I
1 1,
1111i
�
A
i t� ��I III ` 1 � I •v�. � - �� I
M• I a 1�
e � r i ' � Q p°= � B °j ° �IE`I=• t = ;' j'� 11 11 dd•• t, erz:Il== � e{ = tt =t } e
da, eli la �` � r
ffig i y y gg
y d _• I rt € • 4jg 11! ��I:Qad'h gg !j$•d F R I'M!11# 101111 qai 8 dit
it
II ' !'€r#$ MI6 ! !% 9€ IN 11 9i € II$dEal° gy f xlj�it a 11 a 1; d 1 35j tje•ed = d -tt t a i
YS�I I! 9 3I ; I !• a $ , t 3a• E E 8 I Il' I ! . 19-E '$�•Ea'- t$E
I ed € r $ �° QII_ ' I Iq q $ �lsg1 { r A rQ!!illIII s �i��r i E �Yi 1 !Q e + , I i'I$a99 a I iji
ellj' �' �I d` t�, i t�� • 2 A
� a e 1 � � � �4 !� � rl 5a� !e o l�aA, � , �I $;..a g!►$$ I ad• I''Q ,,£ }�9fa�r-i $,1 1! :�81I�
an . >< N � �. ^., t I' al I ! II � i d6 0 E� � � 7, I• E ITT� '
i :�$d I�iQii � #Ee eQ ��� 1 g�QQl I.aI I,� IjRrl� �I € ,B�I a lit s , j' 1 j j I '9• I • Ig aEt • ':€'a
1 r=
°
at
' 'i A d;I .1#` 3 'a I• ' d`dl Q ! i . 9 Ik � t
° r ! .� � {�� �l •I i� f�i � i. A $I #�•��� l�� • a I ro � ;IQ $ � �i� ' i � =al � I� . i � Qa €€#� :
' � �r :z • , � t, ' �# $� �,1 f �� d � ��i I$$ d !' 1 e� �1j �j jIt �° �` j ' d I I
!
jWk TRIPP ENGINEERING, P.C. DETAILS AND NOTES
alo cheelnut s11111 p
P.9 �Y �_ Milminalan, Narlh Caa�ina 28401
THE PRESERVE 9{6
-�I-
-
'•?a ""'+?f P.: sdo-Yes-6es1 WILMINGTON, NORTH CAROLINA

N.C. DIVISION OF. -.WATER QUALITY
Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
CAm I Date Time OU
Received by .I
Emergency Complain _City iL tt ounty ry 87W o lu f1y
Report Received From
Agency.
Phone No.
Complainant_ r�j S
Address b Phone No. `I
Check One: Fish IV/f Spfff Bypass Animal NPDES N.D.
_�:L,Stormwater Wetland k Other, Specify.
S
Nature of Referral
+ s
Time and Date
Location of Area Affected
Surface Waters Impacted Cfassitication
Other Agencies Noted
Investigation Details
Investigator Date
SAWO=HELL SIREPORK SHL
EPA Region IV [phone] Pesticides 733.3556 Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733-2178 Marine Fisheries 726-7021 Water Supply 733-2321 Coast Guard MSO 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 9 Telephone [phone] • Fax [phone]

4:ZA7-/ toll /0-,0OA/�q
ORC,d 11,4e A'M =

Water Body: Black River near Raccoon Isl,
Station: B9013000 Date:
Collector: S. Garrett
Analysis: Metals (Jan, April, July, Oct)
Preservative: HNO3
Water Body: Black River near Raccoon Isl.
Station: B9013000
Collector: S. Garrett
Analysis: Turbidity
Preservative: Ice
Water Body: Black River near Raccoon Isi.
Station: B9013000
Collector: S. Garrett
Analysis: Sus Residue (Jan, April, July, Oct)
Preservative: Ice
Water Body: Waccamaw River ,@ Freeland
Station: 18970000 Date:
Collector: S. Garrett
Analysis: N & P
Preservative: H2SO4
Water Body: Waccamaw River @ Freeland
Station: 18970000
Collector: S. Garrett
Analysis: Turbidity
Preservative: Ice
Water Body: Black River near Raccoon Isl.
Station: B9013000 Date:
Collector: S. Garrett
Analysis: Fecal
Preservative: Ice
Water Body: Waccamaw River @ Freeland
Station: 18970000 Date:
Collector: S. Garrett
Analysis: Metals (Feb, May, Aug, Nov)
Preservative: HNO3
Water Body: Waccamaw River @ Freeland
Station: 18970000
Collector: S. Garrett
Analysis: Hardness (Ca+Mg) (Feb,May,Aug,Nov)
Preservative: HNO3 .
Water Body: Waccamaw River @ Freeland
Station: 18970000 Date:
Collector: S. Garrett
Analysis: MF Fecal
Preservative: Ice

iNll�Ndtl�'I��WmIi�NIY,8000221
FOR REGISTRATION REGISTER OF DEEDS
REMCCA P, SMITH
NEW HFNOvER COUNTY, NC
20M Al 03 10:53:11 RM
9 5265 PG:1492-1495 f EE : $20 , 00
00— NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 0.00
Parcel Identifieg,1�4o. R0M.003-1120 04(? Verified by County on the day of .20
By: Ac
Mail/Box to: Eugene B. Davis, Jr., P.C. Attorney at_Law 2030 Eastwood Road, Suite 6, Wilmington, NC 28403
This instrument was prepared by: _Eugene S. Davis, Jr., P.C. Attorney at Law, 2030 Eastwood Road, Suite 6, Wilmington, NC
Brief description for the Index: COMMON AREA OFF THE PRESERVE,
THIS DEED made this 31 st day of December , 20_Q�, by and between
T. l..eber Corporation GRANTOR
5232 Greenville I..00p Road
Wilmington, NC 28409
MT —Tar -Um
The Preserve Homeowners
Association of Wilmington, Inc.
5232 Greenville hoop Road
Wilmington, NC 28409
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall inchtde
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated
in the City of Wilmington Township, New Hanover County, North CarolinaaW
more particularly described as Follows:
See Attached .t ,(h • b.'/ " i
The property hereinabove described was acquired by Grantor by ins rent recorded in Book 4459 page 675
A map showing the above described property is recorded in Plat Book
46 page 263
NC Bar Association Form No. Ira ® 1976, Revised C 1977, 2002
Printed by Agreement with the NC Bar Association --1981 SoflPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609

.TO 11A V E :%ND TO HOLD the aforesaid lot or parcel of land and all privileges and oppurtcnaaces thereto belonging to the Crrantee
in fee si:'rpl:.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, bas the right to convey the same in
fee simple, tb:tt title is marketable and bee and clear of O enerunbrances, and first Grantor will warrant and defend the title against
the lawful claim: of all persons whomsoever, other than the following exceptions: ad valorem taxes for current & subsequent
ouin Lland use ordinances,starutes& regulations;&applicable restrictive coven ants&casements of record.
WHEREOF, the Grantor has drily executed the foregoing as of the dsy and year fast above written.
By:
Tidc:
title:
T Lc.bcr Corporation
Entity Name)
(SEAT.)
(SEAL)
(S EAT.)
State of',wth Carolina - County of
I, the undersigned Notary Public of the County and State aforesaid, certify that
pemnally appeared before me this day and
actsnowlcdred dX due exccutioa of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial
stamp or seal this.-- clay of - T^ - , 20T,
My Com:r,i;>ion Expires:
Notary Public
State of':oiih Carolita - County of New Hanover
:,,',tc to tdcrsigned Notary Public of the County sad State aforesaid, cat* that
persona!;v c:unc before me this day and Wcoowledged tbat_he is the President� T of
_ T _ T. Leber Corporation , a North Carolina or
Corporatio (strike through the in ZAkabI4 and
that by au ho., i ty du 1y given and as the act of sueb entity, Ahe signed the foreg g instrument ifl its on its beFi�x i� sF1' "
deed. �'; itr,c s my hand and Notarial stamp or seai, this _ day of >M ' 20 r G �OTgR'y0
My Cornnnssior.. Expires: tp d
o c :Z
State tf Czrulirss -County of V
:i:c unkrsigned Notary Public of the County and State aforesaid, certify (7�S A
Witness rsy lra0 the Notarial stamp or seal, this day of , 20__
My C:arnmission Expires:
Notary Public
The fwcgoies: CcrtiCcatc(s) of
isiarc c ct ti l i _,d to be corn c c t. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown
on the :irst im: ,c !xrcof.
Register of Deeds for County
Deputy/Assistant - Register of Deeds
NC liar Association Form No, L-3 0 1976, Revised © 1977, 2002
Printed by :Agreement with the NC Bar Association— 1991 Sof To Corporation, 333 E. Six Forks Rd-, Raleigh, NC 27609

Exhibit "A"
!'rnict I: Lkin� all of that parcel labeled as "OPEN SPACE" marked as having 4,347
tiqunrL F4ct nntl being 0.10 +1- Acres as shown on a map entitled "The Preserve"
r�cordcd in :4,Lq) Book 46 at Page 263, New Hanover County Registry, reference to
,ch.ch i� lr,rel v-mad6 for a more particular description, and having the tax parcel
number of R05000-003-121-000
1'nict 136no all of that parcel labeled as "OPEN SPACE/POND SITE" marked as
havins, 4,234 square feet and being .56 +1- Acres as shown on a map entitled "The
Presen u" recorded in Map Book 46 at Page 263, New Hanover County Registry,
rcf�rcncc to v.•hich is hereby made for a more particular description, and having the tax
:::ci idcn:iiication number ofR05000-003-120-000

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 01/03/2008 10:53:11 AM
Book: RE 5265 Page: 1492-1495
Document No.: 2008000221
DEED 4 PGS $20.00
Recorder: CRESWELL, ANDREA
State of North'Carolina, County of New Hanover
DOCUNiE_i'� i OV
POOR QUALITY
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2008000221*
1 2008000221

dQ+
d�0
Il V�
REYURN TO tl�rAk_ 12 OVr5
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY. NO
2004 OCT 29 04 : 38 PM
BK ; 4550 PG : 214-230 FEE : $59. 00
MI M I1MEN
PROTECTIVE COVENANTS
THE PRESERVE
THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS, dated for purposes of reference only this the 29'b day of October, 2004, is made by T. Leber
Corporation, a North Carolina Corporation (hereinafter "Declarant").
RECITALS:
Declarant has, by recordation of a subdivision plat, subdivided certain property shown on said plat
into lots intended for utilization for construction of single family homes. The subdivision plat is recorded in
Map Book 46, Page 263, New Hanover County Registry, and all property shown thereon is hereinafter
referred to as the "Subdivision." Each numbered lot shown on the recorded plat is referred to herein as a
"Lot." The name of the subdivision is THE PRESERVE.
Within the Subdivision and as shown on the recorded plat, there has been privately dedicated a
street right of way, and there will be constructed within said right of way, in accordance with applicable
construction standards of the State of North Carolina, a subdivision road. Access to each Lot within the
Subdivision is over the street shown on the recorded plat of the Subdivision.
In order to own, manage and maintain common areas and utilities as more fully set out hereinafter,
and to enforce these Protective Covenants and to provide an organization for the benefit of the owner of
each Lot within the Subdivision, Declarant has or will charter a North Carolina nonprofit corporation
named THE PRESERVE HOMEOWNERS ASSOCIATION (the "Association'). The owner of each Lot is
a member of the Association, and the owner of each Lot is obligated to pay dues and assessments to the
Association for the benefit of the Association and the owner of each Lot within the Subdivision except that
if two adjacent lots are combined for building purposes and only one residence is placed on the combined
lots, then in that event the combined lots should be counted as one Lot for payment of Association dues and
assessments. The organization and operation of the Association is described in these Protective Covenants
and in the By -Laws of the Association.
It is the desire and intention of the Declarant, for its benefit and with the intent of preserving the
value of each Lot, to restrict the utilization of and improvements on each Lot within the Subdivision in
accordance with guidelines established herein. Therefore, Declarant hereby subjects the property described

hereinafter to the terms and provision of these Protective Covenants for the use and benefit of all present
and future Lot owners within the Subdivision.
1. DESCRIPTION. This Declaration shall run with the land and shall bind and inure to the benefit of
the owner of each Lot within the Subdivision, and the property made subject to these Protective Covenants
is all of the property shown on that plat of THE PRESERVE recorded in Map Book 46, Page 263, New
Hanover County Registry, as the same may be amended from time to time.
2. SINGLE FAMILY UTILIZATION. This Protective Covenant restricts all numbered Lots subjected
to its terms to use only for single family residential purposes. No home or other structure constructed within
the Subdivision shall be utilized for commercial purposes, except that Declarant or its assigns shall be
entitled to use any structure located within the Subdivision for purposes of assisting in the sale of Lots
within the Subdivision. Nothing contained herein shall limit to single family utilization property subjected
to this Declaration by valid amendment hereto, but all such properties shall be limited to residential
utilization.
3. BUILDING AND SITE RESTRICTIONS. The Architectural Control Committee must give prior
approval of any removal of any tree of a size of twelve inches in diameter or greater from any Lot or the
construction of any improvement or structure on any lot in accordance with the procedures described in
Paragraph 4 of these Protective Covenants. In addition, the following restrictions shall apply:
(a) No storage shed or carport shall be permitted unless architecturally compatible with the
primary dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed per Lot and each house shall
have a minimum two car garage which may be attached or detached.
(c) All homes must be constructed substantially on site, and no modular home shall be located
within the Subdivision and no homes constructed elsewhere shall be allowed to be conveyed into and
located on a Lot within the Subdivision. No temporary structures shall be allowed.
(d) No sign shall be allowed on any Lot so as to be visible from any street right of way or any
adjoining Lot, except as to the following signs, which shall be allowed:
(1) a sign, no greater than twenty four square feet in size, specifying the general
contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance of a
certificate of occupancy for the structure;
(2) a sign identifying the property upon which such sign is placed only by the name
of the owner and a street number. Such sign must be constructed at a size, and to specifications and styles
established by the Architectural Control Committee, and must be located on the Lot in a place specified by
the Architectural Control Committee;
(3) street or directional signs erected by the Association;
(4) any sign required to be constructed by any governmental agency; and
(5) identification and informational signs construeted by Declarant, or its agent,
installed in places, for the purpose of assisting the Declarant in identifying the project and the location of
sales offices, amenities, lots for sale, sales models or other nonresidential uses within the Subdivision.

(6) any other sign approved by the Architectural Control Committee.
All permitted signs, except those required to be constructed by a governmental entity, shall be
constructed of materials, in a style of colors and in a location cstablished and approved by the Architectural
Control Committee.
(e) The minimum square footage of heated, enclosed living space for each approved residential
structure shall be 2,000 square feet.
(f) There are no absolute building setback requirements other than those that may be imposed
by a local government or those shown on the recorded plat of the Subdivision. However, no structure will
be allowed within 30 feet of any street right of way, 10 feet of any side Lot line, or 10 feet of any rear Lot
line, unless alternatives are approved by the Architectural Control Committee. NOTWITHSTANDING
ANY SUGGESTED SETBACK, THE ARCHITECTURAL CONTROL COMMITTEE SHALL HAVE
COMPLETE AUTHORITY TO DETERMINE THE APPROPRIATE BUILDING SITE ON EACH AND
EVERY LOT. THERE IS NO PRESUMPTION THAT SUCH APPROVED BUILDING LOCATION
SHALL BE WITHIN THE SUGGESTED SETBACKS SET OUT HEREINBEFORE.
(g) The heights of structures shall be subject to approval of the Architectural Control Committee
in accordance with the standards set out in Paragraph 4 hereunder, but no structure may exceed in height the
height limitation imposed by New Hanover County.
(h) Fences are subject to the complete jurisdiction of the Architectural Control Committee as to
location, style, materials (except there shall be no chain link fencing allowed) and height. As used herein,
fences shall include walls, barricades, shrubbery or other impediments to reasonable mobility and visibility.
The Architectural Control Committee shall only approve the construction of a fence upon a determination
that the fence is aesthetically pleasing and does not detract from the reasonable value of any Lot. It is the
responsibility of the Lot owner to ensure all structures or fences are constructed within their Lot.
(i) No satellite receiving dish, radio antennae or other similar device shall be located on any Lot
unless aproved by the Architectural Control Committee. The Architectural Control Committee shall
approve the location of such device only upon making an affirmative finding that the location of the device
on the Lot is in the area of minimum visibility from any surrounding Lot or from any street, and upon a
further finding that the proposed location will not significantly detract from the aesthetic values of the
Subdivision.
0) No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the
extent that a truck is rated as a two and one-half ton truck or larger) shall be allowed to remain on any street
right of way or on any Lot or on any common property overnight unless it is enclosed within a garage, solid
fenced area or planted screen that has been constructed in accordance with the provisions of these
Protective Covenants. Motor Homes of short term guests may be allowed to park on a lot temporarily
overnight with permission of the Board of Directors.
(k) The Association shall have authority to adopt rules and regulations prohibiting or restricting
the location of temporary or permanent clotheslines, the number of vehicles that may be parked on any Lot
and the number, type and location of trash receptacles and trash receptacle enclosures which shall be
required for all dwellings.
(1) No activity, whether active or passive, that is reasonably considered a nuisance by the
Association shall be allowed on any Lot. This prohibition includes any activities within any structure, on
any Lot or on any street or common area. The Association is specifically authorized by Paragraph 14 of

these Protective Covenants to adopt rules regarding conduct and use of any Lot; however, The Association
may find any conduct or use of a Lot to be a nuisance notwithstanding the fact that such conduct is not
specifically prohibited by these Protective Covenants or by an adopted rule. If any conduct is deemed by the
Association to be a nuisance, and to the extent that such conduct is not specifically prohibited by the
provisions of these Protective Covenants or by an adopted rule, the Association shall give written notice to
the offending owner specifying the nature of the nuisance, and requesting that such nuisance be terminated.
If any nuisance is not terminated within a reasonable time thereafter, the Association may, in addition to
any other remedy, impose a fine in the amount of $100.00 per violation. If the nuisance is of a continuing
nature, a separate violation shall be considered made each day the nuisance continues. All such fines may
be collected in the same manner as an assessment as more fully specified herein, and all attorney's fees
incurred may be collected as allowed by Paragraph 6 herein.
(m) Improved and unimproved Lots must be maintained by the owner in a manner consistent
with the Subdivision as determined by the Architectural Control Committee.
(n) All homes must be constructed under the minimum guidelines of the United States
Environmental Protection Agency's "Energy Star" program and shall be certified as "Energy Star" labeled
homes.
(o) Homes in The Preserve must be certified by a third party as being built to high performance
standards using the current version of the NC HealthyBuilt Homes Checklist; current version is the version
in force at the date of construction commencement. Homes must achieve, at minimum, a bronze level of
certification and must meet the following passive solar design minimum requirements within the checklist:
each home will be oriented with long dimension within 15 degrees of solar south, and provide passive solar
heating for at least 20% of its heating needs. The glass area on southern side wall of home shall be at least
6% of total floor area, eastern wall glazing shall be less than 3% of total floor area, west glazing less than
2% of total floor area and must provide an eave overhang at least 2' deep. For reference, the NC
HealthyBuilt Homes is administered by the NC Solar Center at NC State University through the Industrial
Extension Service. Contact the NC Solar Center at 919-515-3480 or at WWW.NCSC.NCSU.EDU.
(p) Wetlands shall be left in their natural state. No buildings or site improvements shall be
permitted within the wetlands; however, piers or pile -supported walkways are permitted. Prohibited
activities shall include denuding, clearing, cutting of trees, seeding, or altering the existing grade. No fill
may be placed or discharged in any wetland area, nor may any excavation be performed in any wetland area
unless specific approval is obtained from the Department of the Army for fill in jurisdictional wetlands.
4. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES. At least thirty (30) days prior to
the anticipated commencement of any landscaping or construction of any structure or improvement on any
Lot, the owner of such Lot (or his duly appointed agent) shall submit to the Chairman of the Architectural
Control Committee a survey of the Lot, which survey shall show each Lot comer. There shall further be
shown on said survey the proposed location of all proposed and existing structures or improvements,
including driveways, bulkheads, piers, patios, decks and walkways, and further including a specific
delineation of the proposed location of all improvements that will result in the creation of impervious
surfaces as defined by the Department of Environmental Management of the State of North Carolina in
accordance with the North Carolina coastal storm water regulations. There shall further be provided to the
Architectural Control Committee sufficient building elevations and other site plans, including a statement of
exterior building materials and proposed exterior colors, to allow the Architectural Control Committee to
appropriately and accurately evaluate what is proposed for construction on the Lot. The survey shall be
prepared by a registered or licensed land surveyor, and the building elevations and other site plans shall be
prepared professionally. There shall be submitted two copies of all information required to be submitted.

The owner of each Lot shall notify the Architectural Control Committee of the identity of the
contractor proposed for construction of any major improvements on any Lot. Major improvements shall be
all improvements of a reasonable construction cost of $10,000.00 or more. The owner of each Lot shall
include with the name of the contractor a statement as to the classification of contractor's license held by
such contractor and the address and telephone number of the contractor. This information shall be submitted
to the Architectural Control Committee at time of submission of plans, if such information is available at
that time; if the information is not available as that time, the information shall be submitted to the
Architectural Control Committee at Ieast thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control Committee
shall submit in writing to the owners of the Lot whether or not the requested improvements are approved.
Unless a response is given by the Architectural Control Committee within thirty (30) days, the plan shall be
deemed approved. The response of the Association may be an approval, a denial, an approval with
conditions or a request for additional information. A request for additional information shall be deemed a
determination that the information submitted was inadequate, and the thirty (30) day time for response shall
only commence upon receipt of the requested additional information. if approval with conditions is granted,
and construction then begins, the construction shall be deemed approval by the owner of the Lot of the
conditions imposed.
The Architectural Control Committee shall approve the plans as submitted, if all required information
is submitted, and the following affirmative findings are made by the Architectural Control Committee:
(a) that the improvement sought to be constructed will not have negative economic impact on
any other Lot within the subdivision;
(b) that all required specific building standards and other conditions contained within the
Protective Covenants and other applicable legal documents have been complied with;
(c) that the improvements are architecturally compatible with proposed or constructed
improvements on other Lots within the Subdivision;
(d) that the natural features of the Lot have been retained to the maximum extent feasible;
(e) that the impervious surface limitation coverage proposed on each Lot is consistent with the
requirements of the Department of Environmental Management coastal storm water regulations. An average
Lot shall not contain impervious surfaces as defined by said regulations in excess of 4500 square feet.
Excess impervious surface area allotment not used on a particular lot may be transferred from that lot to
another lot within the subdivision upon agreement between the affected lot owners and upon approval by
the Architectural Control Committee. At no time shall the total impervious surface coverage on all lots,
including Lots which have construction existing or approved thereon exceed the amount of impervious
surfaces determined by multiplying the number of said lots by 4500 square feet; and,
(f) that all runoff from the built -upon areas on the lot drain into the permitted system. The
developer has determined that this will be accomplished through grading each lot in the subdivision to drain
from the back to the front, where the runoff will drain into the street. Lots that will naturally drain into the
system are not required to provide these additional measures.
In addition to plan approval, the Architectural Control Committee must approve the contractor
selected by the owner of each Lot. A contractor shall be approved if the contractor has an appropriate North
Carolina general contractor's license in good standing, is of good financial standing, has a good reputation
in the community and has constructed to the satisfaction of the owner of property comparable structures on

a regular and routine basis.
Any owner of any Lot disagreeing with the finding of the Architectural Control Committee may
appeal its decision to the Board of Directors of the Association by giving written notice of appeal to the
President of the Association within fifteen (IS) days following receipt of notice of denial. The Board of
Directors of the Association shall then review the plans, giving the Chairman of the Architectural Control
Committee the opportunity to present to the Board of Directors of the Association specific reasons why the
plans were denied, in the presence of the owner of the lot or his agent, and the owner of the Lot or his agent
may present information challenging the findings of the Architectural Control Committee. The decision of
the Architectural Control Committee shall only be overridden by unanimous vote of the Board of Directors
of the Association.
All notices required to be given herein shall be given in writing, hand -delivered or mailed postage
prepaid, return receipt requested, and the Architectural Control Committee shall be obligated to specify the
particular grounds upon which denial of any application is founded. One set of plans, denoted as approved
(or approved with specified conditions) shall be retained by the Architectural Control Committee and the
other shall be returned to the applicant.
The Architectural Control Committee shall have the right to issue rules and regulations governing the
maintenance of construction sites and the procedures to be followed by contractors and owners of lots
during construction periods. Contractors will be expected to keep all construction areas clean at all times.
S. ASSOCIATION. The owner or owners of every Lot shall be a voting member of the Association.
However, only one vote shall be allowed per Lot; to the extent that there is more than one owner of any one
Lot, said owners shall determine among themselves, and designate, one voting member, which voting
member shall cast the vote allocated to said Lot. if the owners cannot agree among themselves, the board of
Directors of the Association shall determine and designate a voting member from among the owners of the
Lot. In the event two adjacent lots are combined for building purposes and only one residence is placed on
the combined lots, then in that event the combined lots should be counted as one Lot for voting purposes.
The Association shall be governed by a Board of Directors, selected in accordance with the By-laws of the
Association, and the Association shall operate and do business in accordance with the terms of its By-laws,
see attached Exhibit "A".
The Association shall have the responsibility of maintaining a sightly appearance along all street
rights of way and utility easements, to the extent that the same are utilized for common ingress and egress
or benefit.
The Association shall have the responsibility of maintaining in good condition all common areas, and
shall be responsible for adopting rules and regulations governing utilization of such common areas. The
Association shall be obligated to accept ownership of all common area designated on any recorded
subdivision plat the properties of which are made subject to the provisions of this Declaration. To the extent
necessary, the Association may employ personnel necessary to perform its obligations, or needed to benefit
the owners of Lots within the Subdivision.
The Association shall have the obligation to provide for itself and for the benefit of the owner of each
Lot all necessary professional services to promote the proper maintenance of all streets and other common
areas and to provide the smooth, proper and legal administration of the Association. These services may
include services of an engineer, lawyer, accountant or other professional. The Association is specifically
authorized to provide such other incidental services for the benefit of the Subdivision and in the
management of the Association as deemed reasonably necessary by the Board of Directors of the
Association. The Association shall also have an affirmative obligation to maintain common elements in

good condition, utilizing its funds so to do, notwithstanding the utilization of such facilities by any or all
Lot owners.
The Association shall have the optional authority to provide any service to the Lots it believes
desirable, including, but not limited to cable television, waste collection or utility service. Such services
may be provided by the Association directly, by a subsidiary owned by the Association or by contract with
a third party. Assessments may be collected to pay for the provision of such services.
in order to fund its obligations, the owner of every Lot (or combined Lot if two lots are, as previously
discussed, combined with one dwelling built upon them) is obligated and bound, whether or not expressly
stated in any instrument of conveyance, to pay to the Association the following:
(a) annual charges or dues; and
(b) special assessments.
All such assessments, charges, and dues, together with any interest thereon, shall be a charge on the
land and shall be a continuing lien upon the Lot against which such assessments are made. Liens shall be
perfected in the manner of mechanics or materialmen's lien under North Carolina General Statutes, and any
lien for dues unpaid shall be filed within nine (9) months after the due date of the payment of such
assessment, The due date shall be the first day of the fiscal year of the association, as to annual dues; and
the date established for payment of a special assessment, as more fully set out hereinafter. Any such lien
may be enforced in the manner of a deed of trust with power of sale, as allowed by North Carolina General
Statutes, through a foreclosure proceeding. This instrument shall be deemed to give to the President of the
Association said power of sale.
Annual assessments shall be in an amount determined by a majority vote of the Directors of the
Association. The fiscal year of the Association shall be the calendar year; dues for the first year of the
Association, prorated by date of closing, shall be payable to the Association at closing. Declarant shall pay
dues for all unsold Lots beginning on the first day of the month following the first conveyance of a Lot to a
third party by Declarant. Beginning with the first day of the month following the issuance of a Certificate of
Occupancy for a home on a Lot, the dues for each such Lot for which the Certificate of Occupancy has been
issued shall be twice the then determined assessment for each unimproved Lot. No amendment to these
protective Covenants, unless approved by Declarant and all owners of Lots within the Subdivision, shall
alter the ratio of dues paid by the owner of an unimproved Lot compared to the dues paid by an owner of an
improved Lot.
A special assessment may be levied from time to time by vote of a minimum of 70% of the total votes
cast in any regular or special meeting, called in accordance with the By -Laws. A special assessment may be
made for any purpose for which expenditures are allowed in accordance with this Declaration. The
resolution approving a special assessment shall specify the date payable.
Notwithstanding any provisions of these Protective Covenants, including this Paragraph 5, the Board
of Directors shall have authority to levy any special assessment if, in the sole discretion of said Directors,
the assessment is reasonably required to protect properties impacted in case of an emergency, such as a
storm causing severe erosion. In such event, the Directors shall give written notice to the members so
affected as promptly as possible after the determination of said assessment and the action shall be binding
as though ratified by the requisite vote of the owners of Lots.
The Declarant shall retain control of the Association until Eighty percent (80%) of the Lots have been
sold and closed, or until Declarant gives control to the owners, whichever comes first.

6. ENFORCEMENT. These Protective Covenants, including any amendment hereto, may be enforced
by any individual Lot owner; by the Association, upon action by its Board of Directors; or by Declarant, as
long as Declarant owns any Lot within the Subdivision. Appropriate remedies shall include, but are not
limited to, specific performance. In any action to enforce these Protective Covenants, including any action
to collect assessments, either regular or special, or to foreclose upon any real property for payment of such
assessment, all costs associated with said collection, including court costs and reasonable attorney's fees,
shall be collected as an additional assessment. In addition, interest at the rate of twelve percent (12%) per
annum shall be collected from the due date of any assessment, until the assessment is paid in full.
The State of North Carolina is given specific authority to enforce these covenants to the extent
necessary to cause compliance with the impervious surface limitation of the North Carolina coastal storm
water regulations, and these covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8020709, as issued by the Division of Water Quality under NCAC
2H.1000. The State of North Carolina is made a beneficiary of these covenants and is specifically granted
authority to enforce these Protective Covenants for such purpose, with remedies available to the State of
North Carolina including, but not limited to, the remedy of specific performance. These covenants are to
run with the land and be binding on all persons and parties claiming under them. The covenants pertaining
to storm may not be altered or rescinded without the express written consent of the State of North Carolina,
Division of Water Quality. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
7. SETBACK$. All setback and building restriction areas, and allowable building area, as shown on
the recorded subdivision plat of the Subdivision, shall be incorporated herein by reference.
8. AMENDMENTS. These Protective Covenants shall continue in full force and effect until 12:00
noon on OCTOBER 1, 2014, at which time it shall automatically extend for additional successive periods of
ten (10) years, unless a document terminating or modifying these Protective Covenants is recorded prior to
any renewal date in the office of the Register of Deeds of New Hanover County, which amendment shall
require approval of sixty-seven percent (67%) of the lots subjected to these Protective Covenants (including
any amendments hereto). The covenants pertaining to storm water may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality.
9. BINDING EFFECT. All covenants, restrictions, reservations, easements and privileges contained
herein shall run with the land and the grantee, by accepting any deed to any portion of such land described
herein, accepts the same subject to these Protective Covenants and its terms and conditions and agrees for
himself, his heirs, successors and assigns, to be fully bound by each and all of the terms and conditions of
these Protective Covenants, jointly, separately, and severally.
10. RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all streets and roads
within the Subdivision for purposes of ingress and egress to Lots within such Subdivision owned by it, or
for purposes of providing access to other contiguous properties owned by it. This right shall be assignable
by Declarant to successors in interest to it of other contiguous properties. Any utility easements reserved as
shown on any recorded plat (and all roadways shall be deemed for this purpose a utility easement) shall be
available for utilization by Declarant, authorized utility companies, or by the owner of any Lot within THE
PRESERVE, for purposes of providing utility services or necessary drainage, but only upon approval of the
Association given by its Board of Directors.
11. RESUBDIVISI-ON. No resubdivision of any single Lot shall be allowed, if any resulting Lot will
be smaller in size than any of the Lots resubdivided, prior to resubdivision. Nothing contained herein shall
prohibit conveyance of more than one Lot, or portions of contiguous Lots, as long as site resulting Lot or

Lots are greater in size than those originally subdivided. The deed of conveyance of any such resubdivided
or recombined Lots shall restrict the construction thereon to one single family residential home per
redivided Lot, so that the maximum number of homes which can be constructed within the Subdivision
shall not increase. Upon the recombination of any Lots to reduce the total number of allowable building
Lots within the Subdivision, for purposes of membership in the Association and for purposes of the
payment of dues and assessments, any recombined Lots shall be considered a single Lot. Furthermore,
should any Lot be determined by Declarant to be unbuildable, and should such Lot then be deeded to the
Association as common area, or dedicated by Declarant as a recreation or open space area for the benefit of
the Association, all by document duly recorded in the office of the Register of Deeds of New Hanover
County, there shall be no further dues owed from the date of such recordation; however, any dues prepaid
shall not be reimbursed.
12. UTILITY EASEMENTS. There is hereby reserved for the benefit of the Association and the
owner of each Lot within the Subdivision a utility, drainage and maintenance easement running parallel to
each street a width of 10 feet, and parallel to each side and rear Lot line a width of five feet and adjacent to
any body of water (whether natural or manmade) a width of ten feet. Utilization of such easement by
anyone other than the Lot owner across which such easement runs shall be made only upon approval of the
Board of Directors of the Association. In addition to the above named easements, all lots will be subject to
the easement granted City of Wilmington, the provider of water to the development.
13. MINOR AMENDMENT. Declarant, or its successors or assigns, shall be allowed to amend these
Protective Covenants, notwithstanding any other provision contained herein, and without joinder of any
other party, for the purpose of correcting any discovered error contained herein, clarifying any ambiguity
contained herein, or adding or deleting any incidental provisions deemed in the sole discretion of Declarant
to be in the best interest of the Subdivision, and the owner therein. This right may be exercised, and shall be
effective, only upon the recordation of a "Corrected Declaration' in the office of the Register of Deeds of
New Hanover County, which Corrected Declaration shall specifically reference this document, and the
provision impacted.
14. RULES. The Board of Directors may from time to time establish rules for use of any property
within the Subdivision in order to protect the value of Lots, the aesthetic qualities of the Subdivision and the
tranquility of the owners of Lots. Said rules may include, but are not limited to, reasonable restrictions on
pets, rental use of homes, and parking of cars, trailer, boats, campers and other vehicles on Lots and streets.
All such rules shall be effective after written notice of adoption is mailed to the record owners of all Lots.
All such rules shall be enforceable as though set out within these Protective Covenants.
15. FEES AND BONDS. The Board of Directors is specifically authorized, but is not required, to
charge application or processing fees for approval of plans, and to require the posting of reasonable bonds
or deposits prior to commencement of construction to protect the Association against damage to streets or
other common area or costs incurred in causing correction of any construction or site work performed
otherwise and in accordance with approved plans.
IN TESTIMONY WHEREOF, said party has caused this instrument to be executed in its
corporate name by its corporate officers all by order of its Board of Directors first duly given, this
the day and year first above written.
T. LEBER iOTION
B y : -Ta'ab 1._696t, V 4t� ��..�-

STATE OF NORTH CAROLINA
COUNTY OF W HANOVER
I, 6K 9. -T'- , a Notary Public for the said County and
State, do hereby ctftify that TODD LEBER personally came before me this day and acknowledged that
he/she is the Vice President of T. LEBER CORPORATION and acknowledged the due execution of the
foregoing instrument.
Sworn to scribed fore me this 29th day of October, 2004.
Notary Pub ' n (Notary Sea])
My Commission Expires: p�� N� a ° o f� .0w— 8.
a
per �O T A R
hnwWM�
10

EXHIBIT A
BYLAWS OF
THE PRESERVE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
ASSOCIATION MEMBERS
Section 1. ANNUAL MEETING OF MEMBERS. The annual meeting of the Members of the
Association shall be held at the principal office of the Association, at an hour to be fixed by the President,
on the second Tuesday in January of each year for the purpose of electing directors and for the transaction
of such other business as may be brought before the meeting. If the day fined for the annual meeting shall
be a legal holiday, such meeting shall be held on the next succeeding business day.
Section 2. SUBSTITUTE ANNUAL MEETING. If the annual meeting shall not be held on the
day designated in these Bylaws, a substitute annual meeting at the principal office of the Association may
be called in accordance with the provisions of Section 3 of this Article 1. A meeting so called shall be
designated and treated for all purposes as the annual meeting.
Section 3. SPECIAL MEETINGS OF MEMBERS. Special meetings of the members may be held
in the principal office of the corporation, or elsewhere by consent of the members, whenever called in
writing by the President or any member of the Board of Directors of the corporation or by members
representing twenty percent (20%) of the membership entitled to vote.
Section 4. NOTICE OF MEETING. Written or printed notices stating the time and place of
meeting shall be mailed or delivered by the Secretary to each member of record at the member's last
known address. The notice of each meeting shall be mailed or delivered by the Secretary not less than ten
days nor more than fifty days prior to the date set for such meeting and as to special meetings, the Notice
shall indicate the purpose or purposes thereof.
Section 5. QUORUM. At any meeting of the members, forty percent (40%) of the members
entitled to vote, present in person or represented by proxy, shall constitute a quorum of the membership
for all purposes. If a quorum is not present, the meeting may be recessed from time to time by
announcement from the chair at the time such meeting was set and such shall be sufficient notice of the
time and place of the recessed meeting. The members present at a duly organized meeting may continue
to transact business until adjournment, notwithstanding the withdrawal of enough members to leave less
than a quorum.
Section 6. ORGANIZATION. The President, or, in his absence, the Vice President, shall preside
over all meetings of members and the Secretary of the Association shall act as Secretary at all meetings of
the members; provided, however, in the Secretary's absence the President may appoint a Secretary for the
meeting of the members.
Section 7. VOTING. Each member of the Association, as defined in the Articles of Incorporation
of said Association, shall be entitled to one vote for each unit owned on each matter submitted to a vote at
a meeting 'of members. The vote of a majority of the members at a meeting of members at which a
quorum is present shall be the act of the members on that matter, unless the vote of a greater number is
required by law or by the charter or other Bylaws of this Association. Cumulative voting shall not be
allowed.
Section 8. VOTING BY PROXY. The vote allocated to a member may be cast pursuant to a

dated written proxy signed by the member. A member may not revoke a proxy except by written notice
delivered to the person presiding over a meeting of the Association. A proxy terminates one year after its
date, unless it specifies a shorter term.
ARTICLE U
BOARD OF DIRECTORS
Section 1. NUMBER AND TERM OF OFFICE. The affairs of the Association shall be managed
by a Board of Directors of three (3) members, which shall be entitled to act on behalf of the Association,
in all routine, day to day operations of the Association. Said Board shall consist of the President, Vice
President and Secretary of the Association. The term of office for each Board member shall be until the
successors to such offices shall have been duly elected and qualified as hereinafter stated. Corporate
members, including the Declarant and Developer, may elect individual candidates to said offices as
hereinafter provided.
Section 2. COMPENSATION. No Board member shall receive compensation for any service he
may render to the Association. However, with the prior approval of the Board, any Board member may be
reimbursed for actual expenses incurred in the performance of his duties.
Section 3. ACTION WITHOUT MEETING. The Board shall have the right to take any action in
the absence of a meeting which it could take at a duly held meeting by obtaining the written consent of all
of the Board members to the action. Any action so approved shall be filed in the corporate books and
records and shall have the same effect as though taken at a meeting of the Board.
Section 4. MEETINGS. Meetings of the Board shall be held quarterly without notice, at such
place and hour, as may be fixed from time to time by resolution of the Board. Special meetings of the
Board may be called by any member of the Board after not less than five (5) days' notice to each Board
member.
Section 5. QUORUM. A majority of the Board members shall constitute a quorum for the
transaction of business. Every act or decision done or made by a majority of the Board members present
at a duly held meeting shall be regarded as the act of the Board.
Section 6. POWERS AND AUTHORITY OF THE BOARD OF DIRECTORS. Subject to the
provisions contained herein and applicable law, the Board shall have the power and authority to exercise
all of the rights and powers of the Association, including, but not limited to, the following powers:
(a) To adopt rules and regulations governing the use of the common area and facilities,
the personal conduct of the members and their guests thereon, and establish penalties for the infraction
thereof;
(b) To suspend the voting rights and right of use of the recreational facilities of a member
during any period in which such member shall be in default in the payment of any assessment levied by
the Association; and to suspend such rights, after notice and hearing, for infraction of published rules and
regulations for a period of at least 60 days;
(c) To declare the office of a member of the Board to be vacant in the event such member
shall be absent from three (3) consecutive regular meetings of the Board;

(d) To employ a manager, an independent contractor, or other employees as is deemed
necessary, and prescribe their duties; provided, that any contract for professional management must
contain a clause requiring not more than 90 days termination notice;
(e) To procure, maintain, and pay premiums on, insurance policy(s) and equitably assess
the members same for their prorata portion of such expense;
(f) To impose and receive any payments, fees, or charges for the use, rental, or operation
of the common areas or elements other than for service provided to members;
(g) To open and maintain bank account(s) on behalf of the Association and designate the
signatures required therefor;
(h) To exercise any other powers necessary and proper for the governance and operation
of the Association;
(i) To have and to exercise any and all powers, rights and privileges which a corporation
organized under the Non -Profit Corporation Law of the State of North Carolina by law may now or
hereafter have or exercise; and
0) To exercise all other powers that may be exercised in this state by legal entities of the
same type as the Association.
Section 7. DUTIES OF THE BOARD OF DIRECTORS. It shall be the duty of the Board to do
the following:
(a) To cause the common elements to be maintained, repaired, and replaced as necessary,
and to assess the members to recover the cost of the upkeep of the common elements;
(b) To serve as the architectural committee or to appoint an architectural committee as
provided in the Bylaws;
(c) To keep a complete record of all its acts and corporate affairs and present a statement
thereof to the members at the annual meeting, or at any special meeting when such statement is requested
in writing by twenty percent (20%) of the members;
(d) To supervise all officers, agents and employees of the Association, and see that their
duties are properly performed;
(e) To fix the amount of the annual assessment at least three (3) months in advance of
each annual assessment period based on the projected budget for the annual assessment period and
pursuant to the provisions set forth in the Declaration of Covenants, Conditions and Restrictions;
(f) To send written notice of each assessment to every member at least thirty (30) days in
advance of the due date for each annual assessment;
(g) To foreclose any unpaid assessments and liens resulting therefrom against any
property for which assessments are not paid within thirty (30) days after due date or to bring an action at
law against the member personally obligated to pay the same;
(h) To issue, or have issued, for a reasonable charge, a certificate setting forth whether or

not any assessment has been paid; provided, however, that if a certificate states that an assessment has
been paid, such certificate shall be conclusive evidence of such payment as to all parties except the
member and lot owner as of the date of the assessment;
(i) To procure and maintain, at all times, adequate hazard insurance on the property
owned by the Association and all property for which the Association has the duty to maintain, and
sufficient liability insurance to adequately protect the Association as provided in the Declaration of
Covenants, Conditions and Restrictions; and
0) To cause all officers or employees, including officers and employees of professional
management, having fiscal responsibilities to be bonded, as it may deem appropriate.
Section 8. LIABILITY OF THE BOARD OF DIRECTORS: The members of the Board of
Directors shall not be liable to the Association or any of its members for any mistake of judgement,
negligence, or otherwise except for their own individual willful misconduct or bad faith. The members of
the Association shall indemnify and hold harmless each member of the Board of Directors against all
contractual liability to others arising out of contracts made by the Board of Directors on behalf of the
Association unless any such contract shall have been made in bad faith or contrary to the provisions of the
Articles of Incorporation or these By Laws. It is intended that the members of the Board of Directors shall
have no personal liability with respect to any contract made by them on behalf of the Association. It is
also intended that the liability of any member of the Association arising out of any contract made by the
Board of Directors or out of the indemnity in favor of the members of the Board of Directors shall be
limited to the such proportions of the total liability thereunder as his interest in the Association bears to
the interest of all members of the Association in the Association. Every agreement made on behalf of the
Association shall provide that the members of the Board of Directors are acting only as agents for the
Association and shall have no personal liability thereunder (except as members of the Association), and
that each member of the Association's liability thereunder shall be limited to such proportion of the total
liability thereunder as his interest in the Association bears to the interest of all members of the
Association.
ARTICLE III
OFFICERS
Section 1. OFFICERS. The Executive officers of this Association shall be a President, Vice
President, and Secretary/Treasurer.
Section 2. ELECTION OF OFFICERS. Each officer shall be elected from member -candidates
nominated from the boor at the annual meeting of the Association. Election shall be by secret written
ballot and by a majority of the members present at such meeting provided that a quorum is present.
Corporate members, including the Declarant and Developer, may elect individual candidates to said
offices. Cumulative voting shall not be allowed. Each officer elected shall serve until the next annual
election or until his successor shall have been elected and qualified.
Section 3. POWERS AND DUTIES OF THE EXECUTIVE OFFICERS.
(a) The President shall preside at all meetings of the Board; he shall see that orders and
resolutions of the Board are carried out; he shall sign all leases, mortgages, deeds and other written
instruments; and he shall co-sign all checks and promissory notrs. The President shall have all the general
powers and duties incident to the office of the President of a corporation organized under the Business
Corporation laws of the State of North Carolina.
4

(b) The Vice President shall act in the place of the President in the event of his absence, or
his inability or refusal to act, and shall exercise and discharge such other duties as may be required of him
by the Board.
(c) The Secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the members; he shall keep the associate seal and affix it on all papers
requiring said seal; he shall serve notice of meetings of the Board and of the members; he shall keep
appropriate current records showing the members of the Association together with their addresses; he
shall prepare, execute, certify, and record amendments to the Declaration of Covenants, Conditions and
Restrictions on behalf of the Association; and he shall perform such other duties as required by the Board.
(d) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the
Association and disburse such funds as directed by the Board; he shall sign all checks and promissory
notes (such checks and promissory notes to be co -signed by the president) of the Association; he shall
keep proper books of account; he shall cause an annual audit of the Association books to be made by a
public accountant at the completion of each fiscal year; and he shall prepare an annual budget and a
statement of income and expenditures to be presented to the membership at its annual meeting, and
deliver a copy to each member.
Section 4. ACTION WITHOUT MEETING. The Officers shall have the right to take any action
in the absence of a meeting which they could take at a duly held meeting by obtaining the written consent
of all of the Officer members to the action. Any action so approved shall be filed in the corporate books
and records and shall have the same effect as though taken at a meeting of the Officers.
Section 5. REMOVAL. Any Executive Officer, may be removed with or without cause, by a vote
of at least sixty-seven percent (67%) of all members present and entitled to vote at any meeting of the
members at which a quorum is present. In the event of death, resignation or removal of an executive
officer, his successor shall be selected by the Board to serve until the next annual meeting of the members
at which election of officers shall be had when his successor shall be elected.
ARTICLE IV
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business
hours, be subject to inspection by any member or a mortgagee of any member. The Articles of
Incorporation and the Declaration of Covenants, Conditions and Restrictions and Bylaws of the
Association shall be available for inspection by any member at the principal office of the Association,
where copies may be purchased at reasonable cost.
ARTICLE V
FORMS OF PROXY AND WAIVER
Section 1. FORMS OF PROXY. The following form of proxy shall be deemed sufficient, but any
other form may be used which is sufficient in law:
THE PRESERVE HOMEOWNERS ASSOCIATION, INC.
Know all men by these presents that the undersigned member of The Preserve Homeowners
Association constitutes and appoints the attorney and proxy of the
undersigned to annual and special meeting of the members of The Preserve Homeowners Association, at
which I am not present, until the secretary of the Association receives from me a letter revoking this

proxy and for and on behalf of the undersigned to vote as the undersigned would be entitled to vote if
personally present, hereby ratifying and confirming all that said attorney and proxy shall do in the
premises, and giving and granting unto said attorney and proxy full power of substitution and revocation.
Dated: .20
Member:
Witness:
Section 2. FORM OF WAIVER OF NOTICE. The following form of waiver of notice shall be
deemed sufficient, but any other form may be used which is sufficient in law:
THE PRESERVE HOMEOWNERS ASSOCIATION, INC.
We the undersigned (Board or Association Members) of The Preserve Homeowners Association do
hereby severally waive notice of the time, place, and purpose of the (annual or a special) meeting of the
Board or Association members of the said Association, and consent that same be held at
___._ on the day of _ ._ _._.._ __._V_.20 , at o'clock _. M., and we
do further consent to the transaction of any and all business of any nature that may come before the
meeting.
Dated this day of ...
ARTICLE VI
GENERAL PROVISIONS
Section 1. AMENDMENTS. Except as otherwise provided herein or in the Declaration of
Covenants, Conditions and Restrictions, these Bylaws may be amended or repealed and new bylaws may
be adopted by the affirmative vote of a majority of the Board then holding office at any regular or special
meeting of the Board; at a regular or special meeting of the members at which a quorum is present, by a
vote of the majority of the members.
CERTIFICATION
I, the undersigned, the duly elected and acting Secretary of
THE PRESERVE HOMEOWNERS ASSOCIATION, INC., a North Carolina corporation, do hereby
certify the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted by the
Board of Directors thereof at a meeting held on the _day of , 20 .
IN WITNESS WHEREOF, I have hereunto subscribed my name this day of , 20
Secretary

4
p
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
rwwwrwww+r�wwwwwwr+r►��wtiw wwwrw,�..w.�w�t►..M.w�irrrr+�,�ee+n�t�w�,�,�rr,�rw
Filed For Registration:
Book:
Document No.
Recorder:
10/2912004 04.22:38 PM
RE 4550 Page: 214-230
2004058105
MISC DOC 17 PGS $59.00
MICAH PHELPS
State of North Carolina, County of New Hanover
The foregoing certificate of EUGENE B DAVIS JR Notary Is certified to be correct. This 29TH of October 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
Deputy/As�#s t Register of Deeds
w wwrRrMw�wrMwwrrw ►•iir4rwwwwwwa++M/nMM InFww++++r�+
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004058105*
2004058105

The Preserve
New Hanover County
Stormwater Project No. SW8 020709
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 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:
SEAL
Signature
Registration Number
Date
cc: NCDENR DWQ Regional Office
Tony Roberts, New Hanover County Building Inspector

Certification Requirements:
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.
S. 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.
19. 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
Tony Roberts, New Hanover County Building Inspector

The Preserve
Subject: The Preserve
From: Linda Lewis <[e-mail]>
Date: Mon, 13 Oct 2003 11:23:39 -0400
To: Kent Harrell <[e-mail]>, Beth Wetherill
<bwetheri [e-mail]>
CC: [e-mail]
Beth and Kent:
I inspected The Preserve on Friday. There is no impervious area
yet, and the vegetation on the slopes, while not the best in the
world, is coming along. In the corners of the pond, there was
severe erosion, which I will address in my inspection report. The
fact that we had had up to 8" of rain in the three days immediately
preceeding the inspection is a contributing factor to the observed
erosion.
Unfortunately, once the runoff leaves the property and enters the
ditch, DWQ has no jurisdiction regarding the condition of the ditch
slopes. If Beth determines that the site is not in compliance with
it's ES&C plan, we can certainly measure the turbidity at the
outlet.
Kent, what did you mean by "no protection on the pond outlet pipe"?
Are you referring to rip rap? There is supposed to be a riprap pad
at the outlet into the ditch. It was too flooded and wet for us to
observe if the rip rap was in place.
The invert of the outlet pipe is supposed to be at 23.4.
Unfortunately, the approved SW plans do not show the contours and
inverts for the receiving ditch, so I am unable to comment on the
pipe being too low. In any case, this would be a situation for the
engineer to address. Additionally, the receiving ditch is located
in a 30' drainage and utility easement across the back of Ms.
Hunley's property. Your email made it sound like the ditch was
totally on her property, and there was no easement.
I did notice that another property owner, the Simmons, at the end
of Bretonshire, are experiencing some flooding of their front yard,
adjacent the road. I first thought that The Preserve may have
blocked off their drainage, but upon inppection of the plans, they
have the low spot in their front yard, and there was no existing
ditch on their shared property line to be blocked off.
I'll keep this one in the spotlight over the next few months to
track progress.
Linda
1 of 1 10/13/2003 11:28 AM

October 9, 2003 . ��Cqf�
Mr. Todd Leber
TSL Construction
7270 Farrington Farms Drive
Wilmington, NC 28411
Subject: The Preserve
Wilmington NC
File # 2002027
Dear Mr. Leber:
An inspection of this site was conducted October 9, 2003. Items were
noted that do not comply with the approved construction plans and Chapter 20 of
City Code. An energy dissipater was not employed where the storm pipe meets
the ditch (see sheet C3 on approved plan). The pond outlet pipe was too low
relative to the ditch. Approximately thirty feet of the ditch had been excavated to
match the pipe invert. The ditch excavation was not approved and must be
corrected. The City of Wilmington Engineering Division must approve ditch
excavation. Private property and Beckingham Road were flooding along the
southwest property boundary of the site. The grading observed did not direct
runoff to the new inlets and existing ditches.
These items are to be corrected within fifteen business days of receipt of
this letter. Failure to comply will result in issuance of a Notice of Violation and
civil penalty citations of $100 for the first day of violation and $200 per day for
each additional day of violation in accordance with Section 20-44 of Wilmington
City Code.
Should you have any questions regarding these matters, please call me at
341-5818. Your time and consideration of this matter is greatly appreciated.
Sincerely,
Kent Harrell, P.E.
Project Engineer
Cc: Arley Day, Construction Inspector
Jim Quinn, P.G., Stormwater Services
Bill Penny, P.E., City Engineer
Phillip G. Tripp, PE

State Stormwater Management Systems
Permit No. SW8 020709
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
Todcl Leber, T. Leber Corporation
The Preserve
New Hanover County
FOR THE
construction, operation and maintenance of wet detention pond in compliance with the provisions
of 15A NCAC 2H .1000 (hereafter referred to as the "stonnwater 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 April 3, 2013 and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
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 on page 3 of this permit, the Project Data Sheet. The subdivision is permitted
for 10 lots, each allowed 4,500 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.
5. The runoff from the built -upon areas on each lot must be directed into the stormwater
collection system. The lot must be graded to drain from back to front.
2

State Stormwater Management Systems
Permit No. SW8 020709
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
The Preserve
Permit Number:
SW8 020709
Location:
New Hanover County
Applicant:
Mr. Todd Leber, Vice President
Mailing Address:
T. Leber Corporation
7202 Farrington Farms Drive
Wilmington, NC 28411
Application Date:
March 27, 2003
River Basin / Receiving Stream :
Cape Fear / Bradley Creek
Index Number:
CPF24 18-87-24-4-(l )
Classification of Water Body:
"SC HQW 4"
Design Storm:
1.0"
Drainage Area, acres:
4.46
Onsite:
4.46
Offsite:
0
Total Impervious Surfaces, ft2:
64,873
Lots at 4,500 ft2:
45,000
Roads/Parking, ft2
16,851
Sidewalks, ft2
3,022
Offsite, ft2:
0
Pond Depth, feet:
5.0
Permanent Pool Elevation, FMSL:
24.50
Permitted Surface Area, ft2:
8,108 @Permanent pool elevation
Permitted Storage Volume, ft3:
14,353
Temporary Storage Elevation, FMSL:
26.00
Controlling Orifice:
1.25"cp pipe (must drawdown in 2-5 days)
3

State Stormwater Management Systems
Permit No. SW8 020709
1I. SCHEDULE OF COMPLIANCE
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. If an Architectural Review Committee (ARC) 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 ARC 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 the project area. The project area is
defined as all property owned by the pennittee, for which Sedimentation and
Erasion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
b. 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 it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
.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.
4

State Stormwater Management Systems
Permit No. SW8 020709
11. Decorative spray fountains will not be allowed in the stormwater treatment system
12. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
13. 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.
14. 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.
15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the form:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 020709, 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.
These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
.Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 4,500 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot 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. The developer has
determined that this will be accomplished through grading each lot in the
subdivision to drain from back to front, where the runoff will drain into the street.
Lots that will naturally drain into the system are not required to provide these
measures.

State Stormwater Management Systems
Permit No. SW8 020709
16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and determined to 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.
17. 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 bear the
signature of the Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
I & This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
III. GENERAL CONDITIONS
l . This permit is not transferable except after notice to and approval by the Director. In the
event there is 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,
including as may be required, but 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 the terms and conditions of this permit
until such time as the State 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 pen -nit 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.
Permittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
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.
0

State Stormwater Management Systems
Permit No. SW$ 020709
Permit issued this the 3rd day of April, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
1-191 Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SWS 020709
7

Re: Preserve/Windermere/Gregory Road
Subject: Re: Preserve/Windermere/Gregory Road
From: Kent.l-larrell n ci.wilmington.ne.us
Date: Thu, 9 Oct 2003 10:53:19 -0400
To: [e-mail], [e-mail]
CC: [e-mail], [e-mail], Phil.[ 3evilacyuaaci.wilmington.ne.us,
[e-mail]
Beth and Linda.
The Preserve
Sue Hunley has the last house on the right on the west end of Gregory Road. The pond outlet pipe discharges to the ditch behind her
house. The ditch is on her property.
I visited the site at 5pm October 8, 2003.
The pond banks were eroding in the form of gullies.
The upper pond banks had no cover.
There was no protection on the pond outlet pipe.
Turbid water was in the pond.
Turbid water entered the pond outlet pipe from the pond.
Turbid water entered the ditch. The flow was about 1' deep in the ditch at Banbury Road.
The turbidity was such that the bottom of the ditch was not visible.
Before development the water was clear with no significant turbidity.
The ditch has been excavated such that vertical banks have been created with no protection.
The pipe is too low relative to the ditch for proper function.
I will be able to address the last two items with applicable City Code. I recommend each of you inspect this site and evaluate compliance.
Hinton Oaks
Mrs. Black and her attorney agreed to have the fill cleaned out of the ditch rather than go before City Council. The resolution (agenda item
no. 6) was rescinded.
Thanks
Kent
[e-mail]
10/08103 04:23 PM
To: [e-mail]
CC:
Subject: Re: PreservelWindermerelGregory Road
Thanks. where is her property in relation to the site? If you get there
before I do let me know whats going on.
My grading contractor for the Hinton Oaks project was in here today and
mentioned that all of the berm blocking the ditch on Mrs. Blacks property
otill has not been removed and its causing flooding along the street.
Someone else told me the city council last week told Mrs Black that her
ditch was a nusiance. Do you know anything about it er the outcome the
meeting with her atty. the Wed. before the hurricane?
NOTICE: 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
by an authorized county official.
1 of 1 10/9/2003 3:01 PM

MAR 2 6 2003
TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, Nlorth Carolina 28401
Phone: [phone] • FAX: [phone]
LETTER OF TRANSMITTAL
To: rNl� C_ C)
Attention: LAS r�
Su bj ect: l—� � P 1z
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER A-O
I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER
( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other
Item N
These are transmitted as checked below:
( ) For Approval ( ) For Your Use ( ) Sign & Return ( ) Review
Remarks:
-
^--� I (-_� _ AL nA ,c�,, L
cc:
Signed: --

fkl:

From- HBD 9102560720 To: Ackie Care_ ;jMIM Time: 6-.56,52 AM Page t T I D
ST FE Ol NURTII CAROLINA
COUNTY OF NEW ILL NOVER
PROTFCTRI COVENANTS
THE PRESERVE
THIS DECLARAVHON OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS. dated for purposes of reference only this the _ day of 2002 by T.
Leber Corporation, Inc. (hereinafter "Declarant').
RECITALS:
Declarant has, by recordation of a subdivision flat, subdivided certain property shown on said
plat into lots intended for utilization for construction of single family homes, The subdivision plat is
recorded in Map Book , Page _ New Hanover County Registry, and all property shown
thereon is hereinafter referred to as the "Subdivision." Each numbered lot shown on the recorded plat is
referred to herein as a "Lot." 'The name of the subdivision is THE PRESERVE.
lVithin the Subdivision and as shown an the recorded plat, there has been privately dedicated a
street right of way, and there will be constructed within said right of way, in accordance with applicable
construction standards of the State of North Carolina, a subdivision road. Access to each Lot within the
Subdivision is over the street shown on the recorded plat of the Subdivision.
In order to own. manage and maintain common areas and utilities as more fully set out
hereinafter, and to cttforce these Protective Covenants and to provide an organization for the benefit of
the owner of each Lot xvitNrr the Subdivision, Declarant has or will char-Wr a North Carolina nonprofit
corporation named Tf IE PKESFRVE Ht=1't1.0N%HERS ASSOCIATION (the "Association"). The owner
of each Lot is a member of the Association, and the owner of each Lot is obligated to pay dues and
assessments to the Association for the benefit of the Association and the owner of each Lot within the
Subdivision, The organization and operation of the Association is described in these Protective
Covenants and in the By -Laws of the Association.
It is the desire and intention of the Declarant, for its benefit and with the intent of preserving the
value of each Lot, to restrict the utilization of and improvements on each Lot Nvithin the Subdivision in
accordance with guidelines established herein. Therefore, Declarant hereby subjects the property
described hereinafter to the terms and provision of these Protective Covenants for the use and benefit of
all present and future L.et owners within the 5uhdi;-,ision.
1. DESCRIPTION. This Declaration shall run with the land and shall hind and inure to the benefit of
the owner of each Lot wltl in the Subdivision, and the property made subject to these Protective
Covenants is all of the property shown on that plat of THE PRESERVE recorded in Map Bnok
Page New Hanover County Registv,, as the same may be amended from time to time.
2. ADDITIONAL PROPERTIES. Declarant reserves the right to subject additional properties to the
teens and provisions of these Protective Covenants The property which may be made subject to the terms
and provisions of these Protective Covenants may include additional adjacent properties thereto (adjacent
being defined as inclusive of propetties across a rigl►t of way or water hod+,•)..Ail or any part of such
property may be surjected hereto; such property may be subjected hereto in one or more phases.
However, to the e%tent that any portion of such property has not been subjected to the terms and

I - , 7 ., i , i! �' ' ',' r' ' L '
I

FTMIL EBD 9192560720 To: ?ackie TAc 3120103 Time: C:36:52 ati1 Fege 3 of 10
provisions of these Protective Covenants by recordation of an amendment to these Protective Covenants
in the Office of the Register of Deeds of New Hanover County Registry; which amendment specifically
exercises such right, on or before November 1, 2010, this right shall terminate, Lots made subject to the
terms and provisions of these Protective Covenants by amendment shall he liable for payment of dues as
specified in such amendment; but in no event shall dues be payable later than the conveyance by
Declarant of any lot within a given phase or section to a third party.
3. SINGLE: FAt\ULY UTILlLA1'I0N, This Protective Covenant restricts all numbered Lots
subjected to its terms to use only for single family residential purposes. No home or other structure
constructed within the Subdivision shall be utilized for commercial purposes, except that Declarant or its
assigns ;hall be entitled to use anv structure located within the Subdivision for purposes of assisting in the
sale of Lots within the Subdivision. '.Nothing contained herein shall limit to single family utilization
property subjected to this Declaration by valid amendment hereto, but all such properties shall be limited
to residential utilization.
4. BUILDING AND SITE RESTRICTIONS, The Architectural Control Committee must give prior
approval of any removal of any tree of a size of twelve inches in diameter or greater from any Lot or the
construction of any improvement or structure on any lot in accordance with the procedures described in
Paragraph 5 of these Protective Covenants. In addition, the following restrictions shall apply:
(a) No storage shed or carport shall be permitted unless architecturally compatible with the
prinulry dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed per Lot and each house shall
have a minimum two car garage which may be attached or detached.
(c) All homes must be constructed substantially on site, and no modular home shall be
located within the Subdivision and no homes constructed elsewhere shall be allowed to be conveyed into
and located on a Lot within the Subdivision. No temporary structures shall be allowed.
(d) No sign shall be allowed on any Lot so as to be visible from any street tight of way or
any adjoining Lot, except as to the following signs, which shall be allowed:
(1) a sign, no greater than four square feet in size, specifying the general
contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance of a
certificate of occupancy for the structure;
(2) a sign ident4ing the property upon which such sign is placed only by the
name of the owner and a street number. Such sign must be constructed at a size, and to specifications and
styles established by the Architectural Control Committee, and must be located on the Lot in a plat:
specified by the Architectural Control Committee:
(3) street or directional signs erected by the Association;
(4) any sign required to be constructed by any govetnniental agencv-, and
(5) identification and informational signs constructed by Declarant, or its agent,
installed in places, for the purpose of assisting the Declarant in identih'ing the project and the location of
sales offices., amenities, lots for sale, sales models or other nonresidential uses within the Subdivision.
(6) any other sign approved by the Architectural Control Committee.

Pion: FBD 91(12560720 To: Sack;e Gate: 3120a13 Tim;: 5:56:52 Ali Page 4 of 10
All permitted signs, except those required to be constructed by a governmental entity, shall be
constnlcted of materials, in a style of colors and in a location established and approved by the:
Architectural Control Committee.
M The minimum square footage of heated, enclosed living space for each approved
residential structure shall he'L000 square feet.
(t) Tftere are no absolute building setback requirements other than those that may he imposed
by a local government or those shown on the recorded plat of the Subdivision. However. no structure will
he allowed within 30 feet of any street right of way, 10 feet of any side Lot line, 111 feet of any rear Lot
line, unless alternatives are approved by the Architectural Control Committee. N'OT\%q`fI-ISTANDING
ANY SUGGESTED SETBACK. THE ARCHTTECTURAL CONTROL COLMN,[ITTEE SHALL HAVT•.
CONIPLFTF. AUTHORITY TO DETEPMENT THE APPROPRIATE BUILDING SITE ON EACH
-1ND EVERY LOT. THERE IS 1`10 PRESUN[PTION THAT SUCH APPROVED BLILDING
LOCATION' SHALL BE NVITFUN THE SUGGESTED SETBACKS SET OUT HEREFNBEFORE.
(g) The heights of structures shall be subject to approval of the Architectural Control
Committee in accordance with the standards set out in Paragraph ' hereunder, but no structure may
exceed in height the height limitation imposed by New Hanover County.
(h) Fences are subject to the complete jurisdiction of the Architectural Control Committee as to
location, style, materials (except there shall be no chain link fencing allowed) and height. As used herein.
fences shall include walls, barricades. shrubbery or other impediments to reasonable mobility and
visibility. The Architectural Control Committee shall only approve the Construction of a fence upon a
determination that the fence is aesthetically pleasing; does not detract from the reasonable value of any
Lot and does not unreasonably imped= the view of any water course or other attractive feature from any
other Lot. It is the responsibility of the Lot owner to insure all structures or fences are constructed within
their Lot.
(i) No satellite receiving dish, radio antennae or outer similar device shall be located on any
Lot. The Architectural Control Committee shall approve the location of such device only upon making an
of rinative finding that the location of the device on the Lot is in the area of minimum visibility- from any
surrounding Lot or from any street. and upon a farther finding that the proposed location will net
significantly detract from the aesthetic values of the Subdivision.
U i No boat. boat trailer. other trailer, camper, recreational vehicle, utility vehicle or truck (to
the c%-tent that a truck is rated as a two and one-half ton truck or larger) shall be allowed to remain on any
street tight of way or on an), Lot or on any common property overnight unless it is enclosed within a
garage, solid fenced area or planted screen that has been constructed in accordance with the provisions of
these Protective Covenants. Motor Homes of short term guest may be allowed to park on a lot
temporarily overnight with permission of the Board of Directors.
(k) The Association shall have authority to adopt rules and regulations prohibiting or
restricting the location of temporary or permanent clotheslines, the nurnher of vehicles that may be parked
on ant' Lot and the number, typ.- and location of trash receptacles and trash receptacle enclosures which
shall be required for all dwellings.
(1) No activity, whether active or passive, that i; reasonably considered a nuisance by the
Association shall be allowed on any Lot. This prohibition includes any activities within any structure, an
any Lot or on any street or common area. The Association is specifically authorized by Paragraph 15 (it'

10

Flaw: HBD 9101 56117?0 Tw: raie Date: 3120iC3 T¢7e. 6:56:32 AM page 5 Of r 6
these Protective Covenants to adopt rules regarding conduct and use of any Lot; however, The
Association may find any conduct or use of a Lot to be a nuisance notwithstanding the fact that such
conduct is not specifically prohibited by these Protective Covenants or by an adopted rule. If any conduct
is deemed by the Association to be a nuisance, and to the extent that such conduct is not specifically
prohibited by the provisions of these Protective Covenants or by an adopted rute, the Association shall
give written notice to the offending owner specifying the nature of the nuisance, and requesting that such
nuisance be terminated. if any nuisance is not terminated within a reasonable time thereafter, the
Association may, in addition to any other remedy, impose a fine in the amount of SI00.00 per violation. If
the nuisance is of a continuing nature, a separate violation shall be considered made each day the nuisance
continues. All such fines may he collected in the same manner as an assessment as more fully specified
herein, and all attorneys fees incurred may be collected as allowed by Paragraph 7 herein.
(m) improved and unimproved Lots must be maintained by the owner in a manner consistent
with the Subdivision as determined by the Architectural Control Committee.
(n) All homes must he constructed under the minimum guidelines of the United States
Environmental Protection Agency's "Energy Star" program and shall be certified as an "Energy Star"
laMed home.
(o) All homes shall be of a passive solar design meeting "Energy Star" southern wall glazing
standards and roof eaves should extend 2 feet horizontally from the exterior wall surface for every 8 feet
of vertical wait height.
5. ARCHITECTURAL CONTROL CC NIMITTEE PROCEDURES. At least thirty (30 ) days prior
to the anticipated commencement of any landscaping or construction of any structure or improvement on
any Lot, the owner of such Lot (or his duly appointed agent) shall submit to the Chairman of the
Architectural Control Committee a survey of the Lot, which survey shall show each Lot corner. There
shall further be shown on said sun-ey the proposed location of all proposed and existing structures or
improvements, including driveways, bulkheads, piers, patios, decks and walkways, and further including
a specific delineation of the proposed location of all improvements that will result in the creation of
impervious surfaces as defined by the Department of Environmental Management or the State of North
Carolina in accordance with the North Carolina coastal storm water regulations. There shall further be
provided to the Architectural Control Committee sufficient building elevations and other site plans,
including a statement of exterior building materials and proposed c terior colors, to allow the
Architectural Control Committee to appropriately and accurately evaluate what is proposed for
construction on the Lot. The survey shall be prepared by a registered or licensed land surveyor, and the
building elevations and other site plans shall he prepared professionally. There shall he submitted two
copies of all information required to be submitted.
The owner of each Lot shall notity the Architectural Control Committee of the identity of the
contractor proposed for construction of any major improvements on any Lot. Major improvements shall
be all improvements of a reasonable construction cost of S10,000.00 or more. The owner of each Lot shall
include with the name of the contractor a statement as to the classification of contractor's license held by
such contractor, the address and telephone number of the contractor. This information shall be submitted
to the Architectural Control Committee as time of submission of plans, if such information is available at
that time; if the information is not available as that time, the information shall be submitted to the
Architectural Control Committee at least thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control
Committee shali submit in writing to the owners of the Lot whether or not the requested improvements
arc approved. {rinless a response is given by the Architectural Control Committee within thirty (30) days.

('"...Ai'' .1 - ": '. .y

PrnmI i3D 9105617"Z1) "ro::acktt r)Ae: 3f20101 'rune '06 32 AM Page 5aI I U
the plan shall be deemed approved. The response of the Association may be an approval. a denial, an
approval with conditions or a request for additional information. A request for additional information
shall be deemed a determination that the information submitted was inadequate, and the thirty (30) day
time for response shall only commence upon receipt of the requested additional information. If approval
with conditions is granted, and construction then beginR, the construction shall be deemed approval by the
owner of the 1,ot of the conditions imposed.
The Architectural Control Committee shall approve the plans as submitted, it' all required
information is submitted, and the following affirmative findings are made by the Architectural Control
Committee:
(a) that the improvement sought to be constructed will not have negative economic impact on
any other Lot withiri the subdivision,
(b) that all required specific building standards and other conditions contained within the
Protective Covenants and other applicable legal documents have been complied with.
(c) that the improvements are architecturally compatible with proposed or constructed
improvements on other Lots within the Subdivision;
I d) that die natural features of the Lot have been retained to the maximum extent feasible; and.
te) that the impetl,ious surface limitation coverage proposed on each Lot is consistent with the
requirements of the Department of Environmental Management coastal storm water regulations. An
average Lot shall not contain impervious surfaces as defined by said regulations in excess of 4500 square
feet. Excess impervious surface area allotment not used on a particular lot may be transfen'ed from that
lot to another lot within the subdivision upon agreement between the affected lot owners and upon
approval by the Architectural Control Committee. At no time shall the total impervious surface coverage
on all lots. including Lots .which have construction existing or approved thereon exceed the amount of
impervious surfaces determined by multiplying the number of said lots by 4500 square feet,
{f) that all runoff from the built -upon areas on the lot drain into the permitted system. The
developer has determined that this will be accomplished through grading each lot in the subdivision to
drain from the back to the front, where the runoff will drain into the street. Lots that will naturally drain
into the system are not required to provide these additional measures.
In addition to plan approval, the Architectural Control Committee must approve the contractor
selected by the oti ncr of each Lot. A contractor shall be approved if the contractor has an appropriate
Forth Carolina general contractor's license in good standing, is of good financial standing, has a good
reputation in the community and has constructed to the satisfaction of the owner of property comparable
structures on a regular and routine basis.
.Any owner of any Lot disagreeing with the finding of the Architectural Control Committee Inav
appeal time decision to the Board of Directors of the Association by giving written notice of appeal to the
]'resident of the Association within fifteen (15) days following receipt of notice of denial. The Board of
Directors of the Association shall then review the plans, giving the Chairman of the Architectural Control
Committee the opportunity to present to the Board of Directors of the Association specific reasons why
the plans were denied. in the presence of the owner of the lot or his agent, and the owner of the Lot or his
agent may present information challenging she findings of the Architectural Control Committee. 'file
decision of the Architectural Control Conunittee shall only be overridden by unanimous vote of the Board
of Directors ofthe Association.

0

From: FBI) 9102560720 To: '®ckie Dore: 31:0103 Time: 106:5' AR1 Pap 7 of tG
All notices required to be given herein shall be given in writing, hand -delivered or InMkA postage
prepaid, return receipt requested, and the Architectural Control Committce shall be Obligated to speciA
the particular grounds upon which denial of any application is founded. One set of plans, denoted as
approved for approved with specified conditions) shall be retained by the Architectural Control
Committee and the other shall be returned to the applicant.
The Architectural Control Committee shall have the right to issue rules and regulations governing
the maintenance of construction sites and the procedures to be followed by contractors and owners cif lots
during construction periods. Contractors will he expected to keep all construction areas clean at all times.
6. ASSUCIA,rlQN. The owner or owners of every Lot shall he a voting member of the Association.
However, only one vote shall be allowed per Lot; to the extent that there is more than one owner of any
one Lot, said owners shall determine among themselves, and designate, one voting member. which voting
member shall cast the vote allocated to said Lot. If the owners cannot agree among themselves, the board
of Directors of the Association shall determine and designate a voting member from among the owners of
the Lot. The .association shall he governed by a Board of Directors. selected in accordance with the ]By-
laws of the Association, and the Association shall operate and do business in accordance with the terms of
its By-laws. see attached Exhibit "N'.
The Association Shall have the responsibility of maintaining, a sightly appearance along all street
rights of way and utility easements, to the extent that the same are utilized for common ingress and egress
or beltefit.
The Association shall have the responsibility of maintaining in good condition all conunon areas,
and shall be responsible for adopting rules and regulations governing utilization of such common areas.
The Association shall be obligated to accept ownership of all common area designated on any recorded
subdivision plat the properties of which are made subject to the provisions, of this Deelaration. To the
extent necessary, the association may employ personnel necessary to perform its obligations, or needed
to benefit epic owners of Lots within the Subdivision.
Tho Association shall have the obligation to provide for itself and for the benefit of the owner of
each Lot all necessary professional seniees to promote the proper maintenance of all strut, and other
common areas and to provide the smooth, proper and legal administration of the .association. These
sen°iecs may include services of an engineer, laiwycr. accountant or other professional, The .association is
specifically authorized to provide such other incidental services for the benefit of the Subdivision and in
the management of the Association as deemed reasonably necessary by the Board of Directors of the
Association. The Association shall also have an affirmative obligation to maintain common elements ill
good condition, utilizing its fimds so to do, notwithstanding the utilization of such facilities by any or all
Lot owners.
The Association shall have the optional authority to provide any service to the Lots it believes
desirable, including, but not limited to cable television, waste collection or utility se -mice. Such services
may be provided by the Association directly, by a subsidiary owned by the .association or by contract
with a third path. Assessments may be collected to pay for the provision of such sern-ices.
In order to find its obligations, the owner of Li•ery Lot, is obligated and bound, whether or not
expressly stated in any instrument of conveyance, to pay to the Association the following:
(a) annual charges or dues, and

Fnatr EHU 910.)607:0 TO;JIMte 1;Ae:3120'0', Tstne: h'.56:5:R11 PAge8orIU
(b) special assessments.
All such assessments, charges, and dues, together with any interest thereon. shall be a charge on the
land and shall be a continuing lien upon the Lot against which such assessments are made. Liens shall bo
perfected in the manner of mechanics or rnaterialmen's lien under North Carolina Ocneral Statutes, and
any lien for dues unpaid shall be filed within nine (9) months after the due date of the payment of such
assessment, The due date shall he the first day of the fiscal year of the association, as to annual dues; and
the date established for payment of a special assessment, as more fully set out hereinafter. Any such lien
may be enforced in the manner of a deed of trust with power of sale. as allowed by North Carolina
General Statutes, through a foreclosure proceeding, This instrument shall be deemed to give to the
President of the Association said power of sale.
Attrual assessments shall be in an amount determined by a majority vote of the Directors of the
Association. The fiscal year of the .Association shall be the calendar year; dues for the first year of the
Association, prorated by date of closing, shall be payable to the Association at closing. Declarant shall
pay dues for all unsold Las beginning on the first day of the month lollo-%ying the first conveyance of a
Lot to a third party by Declarant. Beginning with January I of the year following issuance of a building
permit for Construction of a home on a Lot, the dues for each such Lot for which a building permit for
construction of a home has been issued shall be twice the then determined assessment for each
unimproved Lot. No amendment to these protective Covenants, unless approved by Declarant and all
owners of Lots within the Subdivision, shall alter the ratio of dues paid by the owner of an unimproved
Lot compared to the dues paid by an owner of an improved Lot.
A special assessment may be levied from time to time by vote of a minimum of 70"'o of the total
votes cast in any regular or special meeting, called in accordance with the By -Laws. A special assessment
may be made for any purpose for which e.xpenditures are allowed in accordance with this Declaration.
The resolution approving a special assessment shall specify the date payable
Notwithstanding any provisions of these Protcctive Covenants, including this Paragraph G, the
Board of Directors shall have authority to levy any special assessment if, in the sole discretion of said
Directors, the assessment is reasonably required to protect properties impacted in case of an emergence,
such a. a storm causing severe erosion. In such event, the Directors shall give written notice to the
members so affected as promptly as possible after the determination of said assessment and the action
shall be binding as though ratified by the requisite vote of the owners of Lots.
The Declarant shall retain control of the Association until Seventy -Five percent ('75" of of the Lots
have been sold and closed, or until Declarant gives control to the owners, whichever comes (first.
7. ENFORCEMENT. These Protective Covenants, including any amendment hereto, may be
enforced by any individual Lot owner: by the Association, upon action by its Board of Directors; or by
Declarant, as long as Declarant owns any Lot within the Subdivision. Appropriate remedies shall include,
but are not limited to, specific performance. In any action to enforce these Protective Covenants,
including any action to collect assessments, either regular or special, or to foreclose upon any real
property for payment of such assessment. all costs associated with said collection, including zourt costs
and reasonable attorney',, fees, shall he collected as an additional assessment. In addition. interest at the
rate of hvelve percent (12%) per annum shall be collected from the due date of any assessment, until the
assessment is paid in full.
The State of North Carolina is given specific authority to enforce these covenants to the extent
necessary to cause compliance with the impenious surface limitation of the North Carolina coastal storm
water regulations. and these covenants are intended to ensure ongoing compliance with State Stonriwater

From, EBD 9102360720 To: inkie DFAei 3JM03 Time: 5:56:i2 AM Page 9 of 10
IvIanagcment Permit Number as issued by the Division of 'Water Quality
under NCAC 2H.1000 The State of' North Carolina is made a beneficiary of these covenants and is
specifically granted authority to enforce these Protective Covenants for such purpose, with remedies
available to the State of North Carolina including, but not limited to, the remedy of specific performance.
These covenants are to run with the land and be binding on all persons and parties claiming under them.
The covenants pertaining to storm may not be altered or rescinded without the express written consent of
the State of Nortlr Carolina, Division of Water Quality. Alteration of the drainage as Sllown on the
approved plan may not take place without the concurrence of the Division of Water Quality
K. SE'113ACKS. AlI setback and building restriction areas, and allowable building area, as shown
on the recorded subdivision plat of the Subdivision, shall be incorporated herein by reference.
9. AMENDMENTS. these Protective Covenants shall continue in bill force and efleet until 12:00
noon on OCTOBER 1, 2012, at which time itshall automatically extend for additional successive periods
of ten {10) years, unless a document terminating or modifj-ing these Protective Covenants. is recorded
prior to any renewal date in the office of the Register of Deeds of New Hanover County, which
amendment shall require approval of sixty-seven percent (67110) of the lots subjected to these Protective
Covenants (including any amendments hereto). The covenants pertaining to storm may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water Quality.
10, BINDING EFFECT. All covenants, restrictions, reservations, easements and privileges
contained herein shall run with the land and the grantee, by accepting any deed to any portion of such
land described herein, accepts the same subject to these Protective Covenants and its terms and conditions
and agrees for himself, his heirs, successors and assigns, to be fully bound by each and all of the tertns
and conditions of these Protective Covenants, jointly, separately; and severaliv.
11. RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all streets and
roads within the Subdivision for purposes of ingress and egress to Lots within su.h Subdivision owned by
it, or for purposes of providing access to other contiguous properties owned by it. Thus right shall be
assignable by Declarant to successors in interest to it of other contiguous properties. Any utility
easements reserved as shown on any recorded plat (and all roadways shall be deemed for this purpose a
utility easement) shall be available for utilization by Declarant, authorized utility companies, or by the
owner of any Lot within THE PRESERVE, for purposes of providing utility services or necessary
drainage, but only upon approval of the Association given by its Board of Directors.
12, REStBDIVISION'. No resubdivision of any single Lot shall be allowed. if any resulting Lot
will be smaller in size than any of the Lots resubdivided, prior to resubdivision. Nothing contained herein
shall prohibit conveyance of more than one Lot, or portions of contiguous Lots, as long as site resulting
Lot or Lots are greater in size than those originally subdivided, The deed of conveyance of any such
resubdivided or recombined Lots shall restrict the construction thereon to one single family residential
home per redividcd L,ot, so that the maximum number of homes which can be constructed within the
Subdivision shall not increase. iJpon the recombination of any Lots to reduce the total number of'
allowable building Lots within the Subdivision, for purposes of membership in the Association and for
purposes of the payment of Clues and assessments, any recombined Lots shall be considered a single Lot.
Furthermore, should any Lot be determined by Deciarant to be unbuildable, and should such Lot then be
deeded to the Association as common area, or dedicated by Declarant as a recreation or open space area
for the benefit of the Association, all by document duly recorded in the office of the Register of Deeds of
New Hanover Corutty, there shall be no further dues owed from the date of such recordation; however,
any clues prepaid shall not be reimbursed.
1 UTILITY" EASEMENTS.. There is hereby reserved for the benefit of the Association and the

Fanny FHD 91021560720 'ro: Snckie Date: 3120103 Time: &56:52 A.ti1 Page 10 or 1 �
owner of each Lot within the Subdivision a utility, drainage and maintenance casement running parallel to
each street a width of 10 feet, and parallel to each side and rear Lot line a width of five feet :and adjacent
to any body of water (whether natural or manmade) a width of ten feet. Utilization of such casement by
anyone otlrer than the Lot owner across . liich such easement runs shalt be made only upon approval of
the Board of Directors of the Association. In addition to the above named easements. all lots will he
subject to the easement granted (:fly of Wilmington, the provider of water to the development.
14. MINOR A-MENDMENT. Declarant, or its successors or assigns, shall be allowed to amend
these Protective Covenants, notwithstanding any other provision contained herein, and without joinder of
any other party, for the purpose of correcting any discovered error contained herein, elariiving any
ambiguity contained herein, or adding or deleting any incidental provisions deetned in the sole discretion
of Declarant to be in the hest interest of the Subdivision, and the owner therein. This right may he
exercised, and shall he effective, only upon the recordation of a "Corrected Declaration" in the office Of
the Register of Deeds of New Hanover County, which Corrected Declaration 9ha11 specifically reference
this document, and the provision impacted.
15. RULES. The Board of Directors may from time to time establish titles for use nl' any property
Within the Subdivision in order to protect the value of• Lots, the aesthetic qualities of the Subdivision and
the tranquility of the owners of Lots. Said rules may include, but are not limited to, reasonable restrictions
on Lets, rental use of homes, and parking of cars, trailer, boats; campers and other vehicles on Lots and
streets. All such rules shall he effective after written notice of adoption is mailed to the record owners of
all Lots. All such n11es shall be enforceable as though set out within these Protective Covenants.
16. FEES AND BONDS. The Board of Directors is specifically authorized, but is not required, to
charge application or processing fees for approval of plans, and to require the posting of reasonable binds
or deposits prior to commencement of construction to protect the Association against damage to streets or
other colnmon area or costs incurred in causing correction of anV construction or site work performed
otherivisc and in accordance with approved plans.
IN TFSTIXIONY" WHEREOF_ said parties have caused this instrulrtent to he eYecuted in
their corporate name by their corporate officers all by order of their Board of Directors firs: duly
given, this the day and year first above written.
T. LEBER CORPORATION, I?�
ATTEST:
s,rATE OF NOKM CAROLINA
COUNTY OF NEW' HANOVER
I,
State, do hereby certify that _
day and acknowledged that he/she is the President of
acknowledged the due execution of the foregoing instptment.
Sworn to and subscribed before me this day of
Notary Public
Commission Expires: _
a Nctary Public for the said County and
personally came before me this
1'. LEBER CGRPOR.A:l1C)N. INC. and
(Notary Seal)

Michael F.. Easley, Governor
�0� W ATFRQ
MAX
Date: March 14, 2003
To: Charlie Cazier
Company: Tripp Engineering
FAX #: [phone]
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
DWQ Stormwater Project Number: SWS 020709
Project Name: The Preserve
MESSAGE:
Charlie:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1
From: Linda Lewis Av�/
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
If the proposed method of ensuring that the runoff on the lots gets to the pond will be by
requiring the lots to be graded from back to front, then the following condition needs to be placed
into the deed restrictions:
All runoff from the built -upon areas on the lot must drain into the permitted system. The
developer has determined that this will be accomplished through grading each lot in the
subdivision to drain from the hack to the fi-ont, where the runoff will drain into the street.
Lots that will naturally drain into the systent are not required to provide these additional
pleasures.
The Architectural Review Committee should also be charged with the responsibility to make sure
any lot plans they approve are graded appropriately.
S:IWQSISTORMWATIADDINF0120031020709.MAR03
7JCDENR
N,C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

TRANSACTION REPORT
MAR-14-2003 FRI 04:39 PM
FOR: NCDENR WIRO 9103502004
SEND(M)
DATE START RECEIVER PACES TIME NOTE M#
�K MAR-14 04:38 PM 97635631 1 43" OK 75
�c �c

315/2003
CDC
THE PRESERVE
Stormwater Calculations
(11096
Total Drainage Area
s . ft.
acres
194,278
4.46
Impervious Area
Land Use
sq. ft.
acres
Buildings
45,000
1.03
asphalt street
16,851
0.39
concrete
3,022
0.07
Total
64,873
1.49
Stormwater Calculations:
Time of Concentration:
Hydraulic Length (L) = 800 ft.
change in Height (H) = 2 ft.
Tc = (L' 11-1)'7 / 128
= 13.49 min.
Flow for 2 year, 6 hour Storm (02)
QPRe = (CPRE) x (170) x (Area)
6.47 cfs
QPosr= (CPosT) x (I so) x (Area)
12.68 cfs
Soil Storaae Capacity for 2 vear Storm:
CN = (98)(% imp.) + (60)(1-% imp.)
73
P = 3.30 in. for2yr, 6 hr storm
S = 10001CN - 10
= 3.70
Depth (D)= 1P-(0.2)(S)]2 1 [P+(0.8)(S)]
1.05 in.
Time to Peak Flow:
TP = [(43,5)(D)(Area)] 1 02 Posr
16.03 min,
Detention Pond Design:
Pond Size:
Elevation
ft.
Surface Area
s , ft.
Normal Pool
24.50
8,108
Flood Pool
26.00
11,029
Top of Bank
29.00
15.280
Bottom of Pool
19.50
592
Provided Storage Volume:
Vol. _ [(Normal pool SA + Flood Pool SA) 121
x (F.P. elev. - N.P. olov.)
14,353 cu.ft.
01096PONDR
% impervious = 0.334
= 33.4%
say 34.0%
CPRE = 0,25
CPcsr = (% imp,)(,95)+(1-% imp.)(.25)
0.49
12 = 5.80 in/hr
I,o = 7.23 in/hr
Flow for 10 year, 6 hour Storm (Q10):
QPRe = (CPRe) x (125) x (Area)
8.06 cfs
QPCST = (CPosT) x (125) x (Area)
15.80 cfs
Soil Storage Capacity for 10 year Storm:
CN = (9B)(% imp.) + (60)(1-% imp.)
73
P = 4.82 in, for 10 yr, 6 hr storm
S = 10001CN - 10
= 3.70
Depth (D)= [P-(0.2)(S)]21 {P+(0.8)(S)]
2.14 in.
Time to Peak Flow:
TP = [(43.5)(D)(Area)] ! Q50,P05T
= 26.28 min.
State Surface Area Requirement at normalpool:
Pond side slopes = 3 :1
Depth below N.P. = 5 ft.
SNDA = 0.0244
(Chart for 90% TSS Removal for Wet Detention
Pond without Vegetative Filter
Required SA = (SA/DA) x (Total Drainage Area)
= 4,740 s . ft.
State Volume Reauired for Storace of first 1" of runoff:
`011111f[111)1j
CA
SEAL
Rol
aQQ� • of/y�''�.
02
-d 17374
G0O1,`\����`�.
,�a 11(n o2'
I03.05•c
Vol. _ [(1112) x (DA) x (% imp.)] +
[(V12) x (DA) x (1-orb imp.) x C]
C = 0.2
7,563 cu. ft.
RECEIVED
MAR 0 5 2003
DWQ
PROD # S% X 0 Z02 O

3/5/2003 THE PRESERVE 01096
CDC Stormwater Calculations
Foreba
Required Volume
Vol. = 20% of storage volume
= 4,350 cu.ft.
Outlet Structure_ Design:
Flow for 2-day drawdown:
for 1 St 1" Of stormwater,
Q = Required Vol. 1172,800 sec. (2-days)
0,044 cfs
Required Area of Pipe for 2-day drawdown:
A= Q1[CdxSQRT(2xgxh)]
Cd = 0.6
9 = 32.2 ft./sr
h = (F.P, elev.- N.P. elev.)12
= 0,75 ft.
A = 0,0105 s ,ft.
Diameter of Pioe for 2-dav drawdown
DIA. = SORT[(A x 4) 1 pi]
0.1156 ft.
1.39 in.
use 1.25" orifice
Outlet Structure Check:
Using a 6' x 6' Basin,
Perimeter L = 24 ft.
Q = CIA
C = (% imp.)(.95) + (1-% imp)(25)
0.49
1 = 7.23 in. for a 25 yr. Storm
A = 4,46 Acres
— 15.80 cfs
Q= CwxLxH'-5
H= [Q1(CwxL)1213
Cw = 3
0.36 ft.
Peak elevation = flood pool elevation + H
= 26.36 ft.
Provided Volume
Normal Pool SA =
830 sq. ft.
Bottom Pool SA =
2.379 s . ft.
Vol. _
[(N.P, SA + Bottom SA) 1 2] x (N.P. ol. - Bottom el.)
=
4,814 cu. ft.
depth =
3 ft.
Flow for 5-day drawdown.-
for 1st 1" of stormwater,
Q = Provided Vol. 1432,000 sec. (5-days)
= 0.018 cfs
Required Area of Pipe for 5-day drawdown:
A= QI[CdxSQRT(2xgxh)]
Cd = 0.6
g = 32.2 ft-Is'
h = (F.P. elev. - N.P. elev.) 12
0.75 ft.
A = 0.0042 s . fL
Diameter of Pipe for 5-d2drawdown:
DIA. = SQRT](A x 4) 1 pi]
0.0731 ft.
0.88 in.
01096PONDR 2 of 2

TRIPP ENGINEERING, P.C.
41 419 Chesnut Strce:t
\V'rilmington, North Carolina 28101
I'lionc: [phone] • [-AX: [phone]
March 5, 2003
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
SW8 020709
New Hanover County, NC
TE 01096
Dear Linda:
EI VE
MAR 0 5 2003
NV
In response to your correspondence dated March 3, 2003, we offer the following:
1. 1 apologize for the confusion with the supplement form and calculations.
Please find both corrected and enclosed.
2. All lots will be graded to drain to the street. Please see typical lot drainage
plan.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
0/" J�?e ��
Charles D. Cazier, E.I.
XONme 7
Enc.

P. 1
I
FILE NODE
--------------
023 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( MAR. 3.2003
OPTION
-------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---------------
9-7635631
1:59PM )
TTI
RESULT
--___--OK--
NCDENR WIRO
PAGE
-------------
P.
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carol na Department of Environment and Natural Resources
Alan W. Klimek P.E=., Director
Division o? Water Quality
WllmIngton Regional Office
FAX COVER SHEET
f
Date: March 3, 2003 No. of Pages: 1
To. Charlie Cazier From: Linda Lewis
Company: Tripp Engineering Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DW Stormwater Project Number: ,SWS 0110709
4 1
Project Name: r The Preserve
ld i a 1VT4T1 � X
Dear Charlie:
The pond surface area, volume and i'orebay vdiume calculations do not match up at all with the
numbers reported on the supplement. Please deck and verify.
Since the subdivision; exceeds low density, a method must be proposed to collect all the nuwff
from all the lots. As previously requested, pledse show on the plans how the nmofl`from Lots 1-6

_ �OF W A T�9Q
� r1
o �
Date: March 3, 2003
To: Charlie Cazier
Company: Tripp Engineering
FAX #: [phone]
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
DWQ Stormwater Project Number: SW8 020709
Project Name: The Preserve
MESSAGE:
Dear Charlie:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1
From: Linda Lewis AO/
Water Quality Section - Stormwater
FAX ## [phone]
Phone # [phone]
The pond surface area, volume and forebay volume calculations do not match up at all with the
numbers reported on the supplement. Please check and verify.
Since the subdivision exceeds low density, a method must be proposed to collect all the runoff
from all the lots. As previously requested, please show on the plans how the runoff from Lots 1-6
will be collected and sent to the forebay.
S:\WQS\STORMWAT\ADDINFO\2003\020709.MAR03
T'"
NCDEN-R
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington; N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

TRIPP ENGINEERING, P.C.
419 Chestnut street
Wilmington, North C.u-olin.t 28401
Phone: [phone] • FAX: [phone]
January 3, 2003
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
SW8 020709
New Hanover County, NC
TE 01096
Dear Linda:
In response to your correspondence dated December 9, 2002, we offer the following:
l . Type "H" gutter is to be used for the project.
2. Calculations provided to include sidewalks.
3. Page 2 of the stormwater application, page 1 of the wet detention basin
supplement and the narrative have been revised and provided.
4. Two (2) sets of plans are provided.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline King
JK:dcb
Enc.

January 3, 2003
Storm water Narrative
The Preserve
Wilmington, North Carolina
TE 01096
The Preserve is a proposed 10-lot subdivision on an existing vacant 4.46-acre tract. The
project is located within the City of Wilmington and will be designed to meet both the
State's requirement as well as the City's. Stormwater will be treated by wet detention and
discharged to Bradley Creek, classification C-SW.
Each lot will have a total imperviousarea of 4,500 sf to include buildings and parking.
Roads are 16,851 sf, and sidewalks are 3,022 sf. Total built upon area is 64,873 sf or
33.4% impervious.

.+
T REP ?T DEt� . 9.2002
TTI NCDENR �fiRO
C4MMUNICATIW RESULT Y J PAGE
ADDRESS
OP�I4fti _� _ _ __YY---g753563ti~ -
RRO
' `NANG Up OR UIN FAI4�
REASON POR~ F-1)R NO ANSWER
OJ
Date: December 91201
To: Charles Caziier
Company: Tripp El
FAX #: [phone]
DWQ Stormwater
Project Name:
MESSAGE:
.Dear Charlie:
^E-2) BUSa-ACSIMILE CONNECTION
E-a) NO - --- -- -._ - --
-
Michael F= Easley, Governor
William G. Ross, Jr., secretary
North Caroiina Department of Environment and Natural Resources
Alan W. Klimek F'.E Director
Division of Water Quality
Wilmington Regional dtiice
FAX COVER SHEET � J _�
No. of Pages: 1
From: Linda Lewis
Water Qasiity Section - Stormwater
FAX # [phone]
Phone # [phone]
t Number: SW8 020709
Preserve
The street section detail pro idod on the plans shows the possibility of two curb types, Type H and
Type A. Please make it cl on the plans which type is to be used. The detail shows that Type A. is
to be used with sidewalk, D es the City allow the use of Type H with a sidewalk?
Please 'include the sidewaltotal in the Pond�-
cir A'al'11lrc UAII Imp M.04e-A r.• a

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
FAX COVER SHEET
—revised
Date: December 9, 2002
To: Charles Cazier
Company: Tripp Engineering
FAX #: [phone]
DWQ Stormwater Project Number: SW8 020709
Project Name: The Preserve
MESSAGE:
Dear Charlie:
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
The street section detail provided on the plans shows the possibility of two curb types, Type H and
Type A. Please make it clear on the plans which type is to be used. The detail shows that Type A is
to be used with sidewalk. Does the City allow the use of Type H with a sidewalk?
Please include the sidewalk total in the pond design calculations. The detail indicates that the
sidewalks will be graded to drain into the right-of-way, which will be collected and sent to the pond.
Please label the permanent pool contour elevation on the pond dimension detail.
The application and supplement account for 56,191 ft2 of built -upon area, while the revised
calculations account for 61,851 ft2, while I calculate 64,581 ft2 (including sidewalks.) Please revise
page 2 of the application, the calculations and page 1 of the supplement so that all the numbers agree.
Unless you plan to use a different pond drainage area than 4.46 acres, all the numbers must agree.
Additionally, in order to not have to collect the runoff from the lots, the BUA per lot must be 3,870
ft2 or less. The deed restrictions show 4,500 ft2. If you use 4,500 ft2 per lot, you must provide a means
to collect the runoff from the lot and direct it into the pond.
S:1WQSIST0RM WATIADD INF0120021020709. DEC
AA*��rvA
RCOERR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

P. 1
U
FILE MODE
199 MEMORY TX
COMMUNICATION RESULT REPORT ( DEC. 9.2002 10:OOAM )
TTI NCDENR WIRO
ADDRESS (GROUP) - RESULT - PAGE
OPTION _ ---------------------
---------
- --- P. 1/1
97635631
-- -
REASONFOR ERROR
E--1) HANG UP OR LINE FAIL
E-3) NO ANSWER
Date: December
To: Charieo C
Company: Tri
rAX #: 763
DWQ Stormwater
Project Name:
MESSAGE:
Dear Charlie:
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross. Jr., Secretary
North Carolina Department of Environment and Natural resources
Alan W. Klimek P.E., Director
Division oti? Water Quality
Wilmington Regional Office
FAX COVER SHEET
2002 No. of Pages: 1
er From: Linda Lewis
Engineering Water Quality Section - Stormwater
01 FAX # [phone]
Phone # [phone]
?oject dumber: SW8 020709
The Preserve
The street section det '1 provided on the plans shows die possibility of two curb types, Type H and
Type A. Please make it clear on the plans which type is to be used. The detail shows that Type A is
to be used with side k, Does the City allow the use of Type H with a sidewalk?
Please include the siewalk total in the pond design calculations. The detail indicates that the
sidewalks will be gra ri to drai" ;„+ +L, . - .�-. _ r _... , • , -

OF
Date: December 9, 2002
To: Charles Cazier
Company: Tripp Engineering
FAX #: [phone]
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
DWQ Stormwater Project Number: SW8 020709
Project Name: The Preserve
MESSAGE:
Dear Charlie:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: l
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
The street section detail provided on the plans shows the possibility of two curb types, Type H and
Type A. Please make it clear on the plans which type is to be used. The detail shows that Type A is
to be used with sidewalk. Does the City allow the use of Type H with a sidewalk?
Please include the sidewalk total in the pond design calculations. The detail indicates that the
sidewalks will be graded to drain into the right-of-way, which will be collected and sent to the pond.
Please label the permanent pool contour elevation on the pond dimension detail.
The application and supplement account for 56,191 ftz of built -upon area, while the revised
calculations account for 61,851 ft', while I calculate 64,581 ftz (including sidewalks.) Please revise
page 2 of the application, the calculations and page 1 of the supplement so that all the numbers agree.
Unless you plan to use a different pond drainage area than 4.46 acres, all the numbers must agree.
S:IWQSISTORM WATIA DDINFO120021020709.DEC
• Vx�r
NCDENIR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina, Department of Environment and Natural Resources
August 28, 2002
Mr. Todd.Leber, Treasurer - - --
Leber Corporation
7202 Farrington Farn-ts Road
Wilmington, NC 28411
Alan W..Klimek,.P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 020709
The Preserve
New Hanover County
Dear Mr. Leber:
The'Wilmington Regional Office received a Stormwater Management Permit Application
for The Preserve on July 10, 2002. A preliminary review of that information has determined that
the application is not complete. The following information is needed to continue the stormwater
review:
t/ 1. Only the president or vice president may sign the application. The signature of an
agent can be accepted only if accompanied by.a letter of authorization from the
president or vice president.
v1 2. Please.provide a.copy of the proposed deed restrictions and covenants to include
all required conditions and limitations for a high density subdivision, omitting the
requirement to direct all of the lot's runoff into the system, since the overall
subdivision is-Iimited to 30% built -upon. Please do not return the attached sheet
as your proposed document.
✓ 3. If the lots will be sold individually as singe family, please provide a complete
listing of the maximum allowable BUA per lot. It is not necessary to break down
the aniountss-allocated to house and drive, as long as the total BUA on the lot does
not exceed the maximum allotted amount.
4. The calculations are titled "Kendall Court". Has this project changed names? Is
The Preserve the correct name'? In order to track projects effectively, we must
have the correct project name.
t✓5. Depending on the type of gutter used, Tyne A or Type D, the width of the street
could be either 27' or 30'. Please either specify the type of gutter to be used, or
calculate the street BUA using 30'.
2 6. Please identify the contour elevation corresponding to the dimensions shown in
the "Pond Dimensions" detail, and add contour elevations to the pond on the plan.
'P�lK V- -7. Please dimension the driveway widths and the parking pads.
8. Please correct the name of your corporation on the application to T. Leber
Corporation. Inc.' It is currently shown as just Leber Corporation, which is not
listed with the Secretary of State. For, legal purposes, all corporate names ��
must be.accurately shown on -the application, A{h'A
NC7ENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Leber
- August 28, 2002
__..-_Stormwater Project No._SW8 020709
---------------------------------------------------
9. Please provide a 3:1 L:W ratio in the pond by either lengthening the pond to 210'
or reducing the width to 45'. The model we use for pond design.is dependent on
--- - - - ---- - meeting this requirement_for. TSS removal efficiency.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office. prior to September 28,
2002, 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 completedapplication'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
RSS/arl: S:1WQSISTORMWATIADDRI FO120021020709.AUG
cc: Linda Lewis
Jackie King, Tripp Engineering

TRIPP ENGINEERING, P.C.
419 Chestnut street
wilmingic)ii, A'orth Carolina 28101
Phone: [phone] • FA\. [phone]
October 1, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
SW8 020709
New Hanover County, NC
TE 01096
Dear Linda:
RECEIVED
OCT 0 1 ZOOZ
ii:
� 4-,i
In response to your comments, dated August 28, 2002, we offer the following:
1. Mr. Leber is the vice president of the corporation, not the treasurer. The
application has been revised to reflect this change.
2. Deed restrictions are currently being drawn up by the attorney and will be
Provided as soon as they are recorded.
3. The maximum allocation is calculated at 4,500 sf of built upon area per lot,
4. The Preserve is the correct name for this project.
5. Type H gutter will be used. Cross section of street and gutter details are provided
on sheet C3.
6. Pond elevations have been added to the plan.
7. The original site plan sent to you was a schematic and required by the City for
Subdivision Review. The final buildings and driveways are not known to us;
therefore driveway and parking dimensions cannot be provided.
8. Corporation name has been corrected on the application.
9. Pond has been revised and calculations are provided.
Please review for approval and contact us with any questions, comments or if you
need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline King
JK:dcb
Enc.

TRIPP ENGINEERING, P.C.
419 Chestnut S11-cet
Wilmington! North Carolina 28401
Phone: [phone] • FAX: [phone]
November 21, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
SW8 020709
New Hanover County, NC
TE 01096
Dear Linda:
Nn % I zoo
Enclosed please find two (2) sets of plans and one (1) set of deed restrictions to be
included in you review of the above referenced project. Please note the road name has been
changed to Cicada. Please review for approval and contact us with any questions, comments
or if you need additional information. Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline King
JK: dcb
Ene.

rf •1 _ r._
/� ~ •_ _
•, • ram`. _ •��\�\�y •�• � .- .F�. ,•

TRIPP ENGINEERINGI P.C.
419 Chestnut Street
Wilmington, North Qtr()limi 28401
Phone: [phone] + FAX: [phone]
September 27, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
SWS 020709
New Hanover County, NC
TE 01096
Dear Linda:
SEP 3 0 L002
BY:
We respectfully request a minor extension of our revision deadline for the above
referenced project. We anticipate submittal on or before October 4, 2002. Please contact
us with any questions or comments. Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline King
JK: dcb
Enc.

Entity Names
http://www.secretary.state. nc. us/Corporations/soskb/Corp.asp'?54856
Elaine F. Marshall
Secretary
NC
.... .
Corporations, Home
AImporta it Notice
Corporate Forms,
a,Corporatioris FAQ
New Form
_.Notice:. 3
s
!verify: Certification
QSecretary Of State Home
,epusiness:License:.'
*Register ,for E Procurement
!Dept ofiRevenu"e; '
)(11 Bill; Summaries;:;;,,,,a
nnual Reports 1997
orporation& 1997:
ther l.egislationY
.!By Corporate, Name t.
*For;�New'Corporation''-
!Bv: Registered Agent
!Start -An -,.Order
Corporation Names
North Carolina
DEPARTMENT GIFT!-IE
SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 8/28/2002
Document Filings
Name Name Type
T. Leber Corporation Legal
Business Corporation Information
SOSID: 0639568
Status:
Current -Active
Date Formed:
7/24/2002
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address
Principal Office Address:
Principal Mailing Address:
Leber, Todd S.
7202 Farrington Farms Drive
Wilmington NC 28411-6180
7202 Farrington Farms Drive
Wilmington NC 28411-6180
No Address
No Address
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail
Webmaster.
For questions or comments concerning the Corporations Division, please send e-mail to Corporations Admij
I of 1 8/28/2002 1 t :47 AM

TRIPP ENGINEERING, P.C.
419 Chestnut Street
Wilmington, North Caroline 28401
Phone: [phone] • PAX: (910) ,763-5631
�v 0
July 9, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: The Preserve
New Hanover County, NC
TE 01096
Dear Linda:
RECEIVED
JUL 10 1002
Enclosed please find two (2) sets of plans, one (1) signed original and one (1)
copy of the application form with narrative, one (1) wet detention basin supplement, two
(2) sets of calculations and one check for the application fee.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Jacqueline King
JK:dcb
Enc.

July 8, 2002
Stormwater Narrative
The Preserve
Wilmington, North Carolina
TE 01096
The Preserve is a proposed 10-lot subdivision on an existing vacant 4.46-acre tract. The
project is located within the City of Wilmington and will be designed to meet both the
State's requirement as well as the City's. Stormwater will be treated by wet detention and
discharged to Bradley Creek, classification C-SW.
Each lot will have a 2,252 sf house with varying driveway configurations. The driveways
total 14,090 sf, roads are 16,851 sf, and sidewalks are 2,730 sf. Total built upon area is
56,191 sf or 28.9% impervious.
RECEIVED
JUL t o 2002
nWQ
13KOJ # 31u F o Z0 7a-�