SW8960605_HISTORICAL FILE_20030929

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 05
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20030929
YYYYMMDD

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> i Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 29, 2003
Mr. Michael Nadeau, Secretary
Lakeside Estates, LLC
C/o Creative Properties
PO Box 56
Hampstead, NC 28443
Subject: Permit No. SW8 960605 Modification
Lakeside Park
High Density Subdivision Stormwater Project
New Hanover County
Dear Mr. Nadeau:
The Wilmington Regional Office received a complete modified Stormwater
Management Permit Application for Lakeside Park on September 24, 2003. Staff
review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW8 960605 Modification, dated September 29, 2003, for the
construction of the project, Lakeside Park.
This permit shall be effective from the date of issuance until August 29, 2006, and shall
be subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:arl S:\WQS\STORMWAT\PERMIT\960605.sep03
cc: David S. Hollis, P.E., Hanover Design Services
Tony Roberts, New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
d"A N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service =�
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

,
State Stormwater Management Systems
Permit Number SW8 960605 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Michael Nadeau, Lakeside Estates, LLC
Lakeside Park
New Hanover County
FOR THE
construction, operation and maintenance of 2 wet detention ponds in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 29, 2006, 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. Each lot
created within the project boundaries of the subdivision is permitted for a
maximum of 85% of the lot area as 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.
r
2

State Stormwater Management Systems
Permit Number SW8 960605 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Michael Nadeau, Lakeside Estates, LLC
Lakeside Park
New Hanover County
FOR THE
construction, operation and maintenance of 2 wet detention ponds in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 29, 2006, 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. Each lot
created within the project boundaries of the subdivision is permitted for a
maximum of 85% of the lot area as 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.
2

State Stormwater Management Systems
Permit Number SW8 960605 Modification
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Lakeside Park
Permit Number:
SW8 960605 Modification
Location:
New Hanover County
Applicant:
Michael Nadeau, Secretary
Mailing Address:
Lakeside Estates, LLC
C/o Creative Properties
PO Box 56
Hampstead, NC 28443
Application Date:
August 29, 1996
Modified September 24, 2003
Receiving Stream / River Basin:
Greenfield Lake / Cape Fear
Stream Index Number:
CPF17 18-76-1
Classification of Water Body:
"C Sw"
Pond Number:
POND 1 POND 2
Design Storm:
1" 1"
Drainage Area, acres:
23.12 25.23
Onsite:
23.12 24.28
Offsite:
0 0.95
Total Impervious Surfaces, ft2:
873,378 988,703
Lots at 85% ft2:
757,945 825,897
Roads/Parking, ft2:
115,433 127,631
Other, ft2:
0
Offsite, ft2:
0 35,175
Pond Depth, feet:
7.5 7.5
TSS removal efficiency:
90% (no filter is required)
Permanent Pool Elevation, FMSL:
10.0 10.0
Permitted Surface Area, ft2:
40,370 42,890
Permitted Storage Volume, ft3:
77,225 87,760
Temporary Storage Elevation, FMSL:
11.5 11.50
Controlling Orifice:
4" O 4"0
Permitted Forebay Volume, ft3:
28,000 18,000
3

State Stormwater Management Systems
Permit Number SW8 960605 Modification
II. SCHEDULE OF COMPLIANCE
No one 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 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 or Board will review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area.
Any approvals given by the Committee or Board do not relieve the homeowner of
the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
G. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
7. The stormwater management system shall be constructed in it's entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
13

State Stormwater Management Systems
Permit Number SW8 960605 Modification
10. 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.
11. 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.
12. 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 1, Part 2. The recorded statements must follow the form:
a. The maximum built -upon area per lot is 85% of the lot area. The allotted
BUA 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 street 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.
b. 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.
C. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
d. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
e. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
f. The connection into the pond must be made such that short-circuiting
does not occur.
g. All runoff on the lot must drain into one of the permitted systems.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must bear the signature of the Permittee, the deed book number and page,
and stamp/signature of the Register of Deeds.

State Stormwater Management Systems
Permit Number SW8 960605 Modification
14. 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.
15. Decorative spray fountains will not be allowed in the stormwater treatment
system
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. 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.
18. 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.
19. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director.
In the event the facilities 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, 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 Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.

State Stormwater Management Systems
Permit Number SW8 960605 Modification
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.
A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 29th day of September, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
�h Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 960605

-"
Date Received
Fee Paid
Pernui Number
r5 --.a.l-o 3
0. Q° 1 ,7/ 9t/
,-;�w89
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
I. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
L A tL 5LDG c�ST)n�Tgn L L.0
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
il
t l GAAAa2� C--:;>k-)C f�,eo—LA— c52GV��T�y/t r
3. Mailing Address for person listed in item 2 above:
sCLo��o Cre2ti�� Pt-� hes
City: (. HSMR54eQ State: NG Zip: 443
�(O -7,.g Z70-5100
Telephone Number:
EVn2i ( : m i ke @creofive p!bperl i'eS, b i Z
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
L- Cc..IG25 L Gta_ F' LV i=-
5. Location of Project (street address):
Me, C o��' C�va(�� tier• c!� Izo�.d�
City: L.�91 fly tVL S2� Gin County: �P_t c7 Lr=v
(. nirxtinns to nroiect (from nearest maior intersection):
7. Latitude: 'Z)41::(Z t OC.3a Longitude: -TV-' 55''3� of project
8. Contact person who can answer questions about the project:
Name: mt V xF QC C Telephone Number: ( CP ( 0 )
Z-7©- SIUU
II. PERMIT INFORMATION:
1. Specify whether project is (check one): New Renewal Modification
Fonn SWU-101 Version 3.99 Page l of 4

2. If this application is be submitted as the result of a renewal or modification to an existing ermit, list the
existing permit number 5! 1 i� ��00 %O and its issue date (if known)
3. Specify the type of project (check one):
_Low Density ✓ High Density _Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_LAMA Major —Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
OLcLdacc. 1.2.5 coves a- dyy 2�ea -k�o
2. Stormwater runoff from this project drains to the ( nt-p�o Peaz V River basin.
3. Total Project Area: 4a3.35 acres 4. Project Built Upon Area: 5% %
5. How many drainage areas does the project have? 2 V4 L
6. Complete the following information for each drainage area. If there are more than two dramag areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Receiving Stream Name (2--, Vej2K(x cg?( OL (.•, 9: o G VeQ-1,LPL t--1 r-L (& J�
Receiving Stream Class C 13LAJ C SW
Drainage Area 23.1 •Z 25.23
Existing Impervious* Area
Proposed Im ervious'Area I 2c), c)rJ
% Impervious* Area (total) "7 c�?c E57 ojp
_ _
.���� ...s
� per:•:: it,'
On -site
Other
' Impervious area is defined as the built upon area including, ut not limited to, buildings, roads,
sidewalks, gravel areas, etc.
areas,
Form SWU-101 Version 3.99 Page 2 of 4

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7. How was the off -site impervious area listed above derived? d.8 GL' -C.U-e5 O e,—
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IV. DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sues vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number `3 UJtl::S CO 06(!) E5 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than � squese feeEqf any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the
status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-103
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99
Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form ZDIC; P
• One copy of the applicable Supplement Form(s) for each BMP (S) J::1
• Permit application processing fee of $420 (payable to NCDENR) Z[ 5 H
• Detailed narrative description of stormwater treatment/management t!:�A
• Two copies of plans and specifications, including: T-7� 6-
- Development/Project name n
- Engineer and firm G CIF IES
-Legend 0"�>-6i Lat-
- North arrow CAO-Ji l-t �t cxn
- Scale d.Q�
- Revision number & date
- Mean high water line 5. 2 - C
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section. � � S ^ P,.© w.S) 1PEF5 n(,5
Designated agent (individual or firm): W"f rn +a (i �i 251Cl1 5e_-UX LCCt_S t'PA
Mailing Address: `Ji ( C3 U. nj Vt-L L-+ 5+rQ ¢-f
City: CAS t l/Yl (!!!I�fri" State: K3CG zip: 2840 f
Phone: (�[O ) ?�1'3- ©02 Fax:( S)CO ) 34 5— O941
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) M t CL"_a - G, �30J lt-�.C. ,
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protectivd coven ill be orded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature: 12 Date: 3 Zf O.?
caP� Si�S L L_C_
Form SWU-101 Version 3.99 Page 4 of 4

I

HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS, ENGINEERS, LAND PLANNERS
319WALNUTST.
' WILMINGTON, NC (06
PH. [phone] FAX: [phone]
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s� 2003
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RE: Children', Learning Center 11 of Wilmington
Subject: RE: Children's Learning Center II of Wilmington
Date: Wed, 17 Sep 2003 14:45:19 -0400
From: "David Hollis" <[e-mail]>
To: "Laurie Munn" <[e-mail]>
CC: "Mike Nadeau (E-mail)" <[e-mail]>
Laurie:
Lakeside Park was approved by the City and DENR with "conceptual" lots only, to show
"anticipated" development but with the flexibility to shift lot lines as they
developed, and to combine or re -orient lots - this is why a formal subdivision plat
of the entire site was never recorded, and we have been subdividing lots off as we
go (the overall is now substantially completed, with only a few remainder parcels
left). The 1996 permit never specified any impervious per lot totals, but rather a
specific percentage maximum based on the size of the proposed lot. Four or five
individual offsite permits have been issued this way (a few of the applications were
not by me, but my competitors). So the number you should be verifying is 858 of
whatever the lot area is - in this case 1.29 acres, so no more than 47,800sf would
be allowed - and we are proposing 29,200s£. This should be well within your comfort
level.
Okay, now on to the Lakeside Park permit modification. This modification was
requested for Pond 2 only (all of the Childrens Center lot, and all of Silver Stream
Lane drains to Pond 1, is already permitted, and does not require a modification).
Lot numbers were not shown because of the reasons stated above - recorded lots are
being numbered sequentially as they are sold and permitted and do not correspond to
any "conceptual" lots shown for planning purposes, in either size or number. Silver
Stream Lane was and always has been shown on all documentation - and in fact has
been built and on the ground for 6 or 7 years now !
I have corresponded with Linda on Mike Nadeau's current contact information, and I'm
sure he will work out the deed restriction issues with her. The previous deed
restrictions had been approved in 1996 and I think it a bit unfair to revise them
when the lion's share of the land is already sold and new restrictions may not apply
legally to the already transferred land. I also reiterate - the modification
requested was for the portion of Lakeside that drains to Pond 2 only, and, in my
opinion, should not affect this offsite supplement in any way, as this portion of
the -96 permit has not changed and no modification was requested.
As always, any questions or comments can sometimes be handled in a brief telephone
conversation. I'm copying Mike Nadeau on this email to forward your concerns.
Thanks.
David Hollis
-----Original Message -----
From; Laurie Munn [mailto:[e-mail]]
Sent: Wednesday, September 17, 2003 12:53 PM
To: David Hollis
Subject: Children's Learning Center II of Wilmington
I have reviewed the off -site application for the Children's Learning
Center. As you know, I cannot issue the permit until the Lakeside Park
permit is issued. Lakeside Park will be issued when deed restrictions
are submitted. The Lakeside Park plans submitted for approval do not
show the lot numbers or the extension of Silver Stream Lane. Linda
asked that you please submit to her 2 copies of the Lakeside Park plans
with the Lot numbers and Silver Stream Lane on them. Also, the
previously approved plans for Lakeside Park show Lot 11 as only 0.80
acres. It appears that Lot 10 & 11 have been combined for the Learning
Center. Please let me know if this is correct. Everything else on the
Children's Center looks fine. I will write a letter to the applicant
I of 2 9/17/2003 3:19 PM

RE: Children'` Learning Center II of Wilmington
letting him know that his approval is pending the approval of Lakeside
Park Modification.
Laurie
2 of 2 9/17/2003 3:19 PM

RE: Lakeside Park SW8 960605
Subject: RE: Lakeside Park SW8 960605
From: "David Hollis" <[e-mail]>
Date: Wed, 10 Sep 2003 08:14:54 -0400
To: "Linda Lewis" <[e-mail]>
Linda: Sorry, sometimes I forget that everyone doesn't keep Bill Gates the
wealthiest nerd in the universe - it was a Microsoft Outlook contact card. Here's the
info:
Mike Nadeau, Broker
Creative Properties
15894 Highway 17, PO Box 56
Hampstead, NC 28443
270-5100
270-5110(fax)
or
201 N. Front St., Suite 602
Wilmington, NC 28401
251-2211
251-2218(fax) .
[e-mail]
-----Original Message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, September 09, 2003 4:51 PM
To: David Hollis
Subject: Re: Lakeside Park SW8 960605
David:
I opened the attachement, and nothing was there. What kind of file is the
attachment? Perhaps you could just include it in the email rather than an
attachement.
Linda .
David Hollis wrote:
Linda: Attached is Mike's current contact info. David
1 of 9/10/2003 8:53 AM

RE: Lakeside Park SW8 960605
i
-----Original Message -----
From: Linda Lewis [mailto:[e-mail]]
Sent: Tuesday, September 09, 2003 12:26 PM
To: David Hollis
Subject: Lakeside Park SW8 960605
David:
I just got my letter back that I sent to Mr. Michael
Nadeau, Lakeside
Estates, LLC, (PO Box 1213) and the phone number we have
(392-1229) has
been changed, but he is not at the new number.
Please send me his current mailing address and phone
number.
Thanks. Linda
Subject:
Mike Nadeau
From:
"David Hollis" <dhollis a,hdsilm.com>
Date: Tue, 23 Jan 2001 17:44:03 -0400
2 of
9/10/2003 8:53 AM

NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845 S
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Mr. Michael Nadeau, Secretary
Lakeside Estates, LLC
PO Box 1213 .A
Wilmington OS ❑ INSUFFICI❑
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❑ ATTEMPTED NOT KNOWN OTHE"Jas
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$ DELIVERABLE AS ADDRESSED
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„,1 i111„UI,,,:IIIIIA AIIIIIIIIIII

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Qo(eo S
Date: q - 1U,()3 No. Of Pages: S
To: Nike N2 e e u- From: L l'oa Pcy j s
CO: Cr¢zFrve PmWr+(es CO:
FAX #: 9 (U - 270 — 5110 FAX#: [phone]
REMARKS:
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

P. 1
* * COMMUNICATION RESULT REPORT ( SEP.10.2003 10:53AM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
------------------------------------------------------------------------------------------------
455 MEMORY TX 92705110 OK P. 5/5
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross Yr., Secretary
FAX COVER SHEET
9'(eo6?o 5
Date: 9- 10-03 No. Of Pages: 5
To: NCO- Na c 2 t - From: L
CO: Cr¢a+iye Prz-ver+i¢S CO:
FAX #: 9 (O - Z70 — 5110 FAX#: [phone]
REMARKS:
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 Telephone (910) 39"000 Fax [phone].
An Equal Opportunity Affirmative Action Employer

OF WATF9 Michael F. Easley, Governor
Q William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural 12esources
j r
1 Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 10, 2003
Mr. Michael Nadeau, Secretary
Lakeside Estates, LLC
c/o Creative Properties
PO Box 56
Hampstead, NC 28443
Subject: Lakeside Park
Stormwater Project No. SW8 960605
New Hanover County
Dear Mr. Nadeau:
Enclosed please find a letter dated August 20, 2003, regarding the required
revisions to the deed restrictions for Lakeside Park. The letter was returned to the
Division because you had moved. Please be advised that it is your responsibility under
the permit to keep the Division apprised of your current mailing address and phone
number..
Please provide the information requested in the letter prior to October 10, 2003,
to avoid a violation and potential enforcement action. By copy of this letter to the New
Hanover County Building Inspector, I am requesting that they consider withholding all
Certificates of Occupancy for all the lots in the Lakeside Park development until such
time as the deed restrictions are properly amended and the permit modification has
been issued.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960605.sep03
cc: David Hollis, P.E., HDS
Tony Roberts, New Hanover County Building Inspections
Linda Lewis
Vim//�
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer service AZ.,�,,,,+
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] N ENR

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
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 20, 2003
Mr. Michael Nadeau, Secretary
Lakeside Estates, LLC
PO Box 1213
Wilmington, NC 28402
Subject: Request for Additional Information
Stormwater Project No. SW8 960605 Mod,
Lakeside Park
New Hanover County
Dear Mr. Nadeau:
The Wilmington Regional Office received a modified Stormwater Management
Permit Application for Lakeside Park on March 21, 2003. The Division requested that a
copy of the recorded covenants be submitted on May 23, 2003. The covenants were
submitted on June 6, 2003, however, they were missing two of the statements required
by the original permit. On July 17, 2003, 1 emailed Mr. Hollis to notify you that these
additional statements would need to be added before the modification could be issued
(copy of email attached). Please add statements 11.5(e) and 11.5(f) to the covenants,
record, and submit a copy to the Division to continue the review of this modification.
Please note that the requested information should be received in this Office prior
to September 20, 2003, or the application will be returned as incomplete. The return of a
project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
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:\WQS\STORMWATWDDINFO\2003\960605.aug03
cc: David S. Hollis, P.E., Hanover Design Services
Linda Lewis
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer service r
Aw
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENB

Lakeside Park
Subject: Lakeside Park
Date: Thu, 17 Jul 2003 11:40:22 -0400
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: "David S. Hollis" <[e-mail]>
David:
In reading the recorded restrictions, which were submitted on June 6,
2003, there are several statements missing. Please have Mr. Nadeau go
back and amend the covenants to include conditions 11.5(e) and 11.5(f)
from the August 29, 1996, permit, then record the amendment, and send me
a copy. I must hold the permit modification until I receive this.
Thanks, Linda
1 of 1 7/17/2003 11:40 AM

Hanover Design Services, P.A.
Land Surveyors, Engineers, Land Planners
June 2, 2003
Ms. Linda Lewis, Environmental Engineer
Department of Environment and Natural Resources
Division of Water quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Lakeside Park
SW8 960605
Dear Linda:
JUN p 0 2003
As requested, attached please several copies of the revised project area map and
the revised certification map.
Also please find a copy of the recorded deed restrictions that were approved in
1997 and have been used in all the previous land transactions.
Attached also are a wet pond supplement and copy for each pond, signed and
notarized as requested. Please note that the ponds themselves have never been
revised, and have been certified... we have just requested the addition of this small
additional area to the inflow drainage, and the ponds already have adequate surface
area and storage volume as -built.
As always, if you have any questions, please feel free to call or email me. Thanks
for your consideration in this matter.
Sincerely,
David S. Hollis, PE, PLS
Attachments
xc: Mr. Mike Nadeau, Lakeside Estates, LLC
2660cert3.doc
319 Walnut Street Wilmington, NC 28401 [phone]

1� _ 1:, 3 vv
SPATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER
G5
AECLARATION
PROTECTIVE COVENANTS
OF LAKESIDE PARK
THESE PROTECTIVE COVENANTS, made and entered in to this theliftmt
�998 by and between Lakeside Estates, LLC, a North Carolina limited liability co pa
first part (hereinafter referred to as "DEVELOPER"); and Purchasers of lots in Lakeside
the second part (hereinafter referred to as "Owners");
000092
W ITNESSETTI:
WHEREAS, DEVELOPER is the owner of certain tracts of real property located in New
Hanover County, North Carolina, and being more particularly shown and described on that certain map
attached hereto as Exhibit A and in that certain deed recorded in Book 1907 Page 422 . in the office
of the Register of Deeds of New Hanover County, reference to said plat being hereby specifically
made; and
WHEREAS, DEVELOPER proposes to sell and convey certain lots or sections within the tracts
above -described to be used for commercial purposes and to develop said lots, and additional property
which may be acquired by DEVELOPER, into a planned community; and
WHEREAS, DEVELOPER prior to selling and conveying the aforesaid lots or sections, desires
to impose upon such lots certain mutual and beneficial restrictions, covenants and conditions and charges
(hereinafter collectively referred to as the "Protective Covenants') for the benefit and complement of all
of the lots in the subdivision in order to promote the best interests and protect the investments of
DEVELOPER and Owners;
NOW, THEREFORE, DEVELOPER hereby declares that all real property described in the map
attached to these Protective Covenants as Exhibit A and the deed recorded in Book 1907
Page 422 . in the office of the Register of Deeds of New Hanover County, North Carolina, and any
additional property as may by subsequent amendment be added to and subjected to these Protective
Covenants, are held and shall be held, conveyed, encumbered, leased, rented, used, occupied and
improved subject to these Protective Covenants and to the following Restrictions. These Protective
Covenants shall run with the land and shall be binding on all parties having or acquiring any right, title or
interest in and to the real property r any part or parts thereof subject to these Protective Covenants.
ARTICLE RECEIVED
DEFINITIONS
JUN 0 6 2003
DWQ
As used herein, PROJ S �SLc:ey i '5
A. "Articles' means the Articles of Incorporation of Lakeside Park Owners Association, Inc.
B. "Business Property" means the Lot(s) in the Development.
C. "By-laws' means the By -Laws of the Lakeside Park Owners Association, Inc.
D. "Common Areas" means all real and personal property, within the Development that is
owned by the Corporation for the common use and enjoyment of the owners. The Common Area to be
owned by the Corporation at the time of the conveyance of the first lot shall be all the area designated as
"Common Area" on the plat of LAKESIDE PARK, and such area or areas as may be so designated on
plats of future additional sections or phases thereof.
E. "Common Expenses' means and includes actual and estimated expenses of
maintaining and operating the Common Area and operating the Corporation for general purpose,
including any reasonable reserve and specifically including expenses associated with maintenance of the
Common Areas and stormwater systems in the Development, all as may be found to be necessary and
appropriate by the Board of Directors pursuant to the Declaration, the By-laws .and the Articles of
Incorporation of the Corporation and as more specifically defihed in Article herein.
P. "Corporation" means Lakeside Park Owners Association, a North Carolina non-profit
corporation organized as to be organized for the mutual benefit and protection of the Development.
RETURNED TO ,qG-�-io4q
try ILk,S

The "Board of Directors" or "Board" shall be the body governing the Corporation and managing the
affairs of the Corporation.
G. "Declaration" shall refer to this Declaration of Protective Covenants of Lakeside Park, and
any amendments made to it thereafter.
H. "DEVELOPER" means Lakeside Estates, LLC, a North Carolina limited liability
company, its successors or assigns.
I. 'Development" means those tracts of land described in that certain map attached hereto as
Exhibit A and also being described in that deed recorded in Book 1907 , Page 422 , of the New
Hanover County Registry and also being referred to as Lakeside Park.
J. "Lot" means a separately numbered tract or section of land lying within the Development
which may be conveyed by the DEVELOPER and owned in fee simple by the Grantee thereof, and held
for such uses as are consistent with these Protective Covenants and the Restrictions covering the area
wherein the tract is located. The Owner of all of a numbered Lot may combine such numbered Lot with
part or parts of another such numbered Lot and the aggregate shall be considered as one Lot for the
purpose of these Protective Covenants.
K. "Owner" shall mean or refer to the record owner, whether one or more persons or entities,
of a fee simple title to any Lot or other real property within the Development, but excluding those having
such interest merely as security for the performance of an obligation.
L. "Unit" means 1,000 square feet of land area for each Lot.
ARTICLE 2
APPLICABILITY
These Restrictions shall apply to all those tracts of real property in the map attached to these
Protective Covenants as Exhibit A and in the deed recorded in Book _ 1907 _ Page 422 of the New
Hanover County Registry and to all those Lots or sections which are or shall be created from those tracts.
ARTICLE 3
CORPORATION
A. A Corporation named Lakeside Park Owners Association, Inc. has been or will be formed
pursuant to the rules and requirements of the Nonprofit Corporation Act (Chapter 55A) of the General
Statues of North Carolina as an association of the Owners of Lots. Its purposes are to own, manage,
maintain, and operate the Common Areas and facilities located upon the Common Areas; to enforce the
restrictions contained herein; and to make and enforce rules and regulations governing the Owners' use
and occupation of Lots; and to maintain the Common Areas and slormwater systems located within the
Development.
B. Each Owner of each Lot, section or other real property within the Development shall be a
member of the Corporation. The DEVELOPER, by these Protective Covenants, and the Owners of
individual Lots by their acceptance of individual deeds thereto, covenant and agree as follows:
1. That for so long as each is an Owner of a Lot or real property within the
Development, each will perform all acts necessary to remain in good and current standing as a member of
the Corporation;
2. That each shall be subject to the By -Laws and other rules and regulations of the
Corporation with regard to ownership of a Lot or other real property within the Development; and
3. That any unpaid assessment, whether general, special or individual levied by the
Corporation in accordance with these Protective Covenants, the Articles or the By-laws shall be a lien
upon the Lot or land upon which such assessment was levied, and shall be the personal obligation of the
Owner of the Lot or other real property at the time the assessment fell due.

0U;1 i 5t10
C. Each membership in the Corporation shall relate to and have a unity of interest with an
individual Lot or other real property owned within the Development which may not be separated from
ownership of said Lot or other real property owned within the Development.
D. The Corporation shall have two classes of members who shall be Owners of Lots or other
real property within the Development:
1. Class A members shall be all Owners with the exception of the DEVELOPER -
Each Class A member shall be entitled to the following weighted votes:
1.00 votes per Unit.
2. Class B member(s) shall be the DEVELOPER and shall be entitled to five (5)
times the votes of Class A members, based upon the same weighted vote system.
Class B membership shall cease and be converted to Class A membership upon the
happening of any of the following events, whichever occurs earlier:
a. When the DEVELOPER sells all of the Lots in the Development,
including all present and prior sections and phases, or
b. On December 31, 2010, or
When the DEVELOPER voluntarily terminates its Class B membership.
E. The affairs of the Association shall be managed by a Board of Directors, the number,
qualifications, term and method of election of which shall be as provided from time to time by the By-
laws of the Corporation. The number of members of the first Board of Directors shall be three (3), and
thereafter shall be five (5). Notwithstanding any of the foregoing, until DEVELOPER'S Class B
membership ceases and converts to Class A membership, the DEVELOPER shall have the right to
designate and select the persons who shall serve as members of each Board of Directors of the
Corporation who need not meet the qualifications for directors as provided by said By-laws or herein.
ARTICLE 4
MANAGEMENT AND ADMINISTRATION
The management and administration of the affairs of the Corporation and the maintenance of the
Common Areas shall be the sole right and responsibility of the Corporation. The management shall be
carried out in accordance with the terms and conditions of these Protective Covenants, the Articles and
the By-laws of the Corporation, but may be delegated or contracted to managers or management
services.
ARTICLE 5
COMMON EXPENSES
The Common Expenses of the Development include:
A. All amounts expended by the Corporation in operating, administering, maintaining,
managing, repairing, replacing and improving the Common Areas of the Development; all amounts
expended by the Corporation in insuring the Common Areas in the Development; all amounts expended
by the Corporation in legal, engineering, or architectural fees; all similar fees which may be incurred by
the Corporation from time to time in performing the functions delegated to the Corporation by these
Protective Covenants; all amounts for a reasonable reserve; and all amounts expended in any form by the
Corporation in enforcing this Declaration, the Articles or the By-laws. Common expenses shall
specifically include all expenses associated with the maintenance and improvement of any streets, roads,
drives, drainage and stornwater systems within the Development, and the landscaping, fence and signage
located within the neighboring right-of-way.
B. All amounts expended by the Corporation in carrying out any duly or discretion as may be
required or allowed by the Declaration, the Articles or the By -Laws.

L J
f
C. All amounts declared to be Common Expenses in the By-laws or in the Declaration.
D. All taxes and special assessments which may be levied from time to time by any
governmental authority upon the Common Areas in the Development.
ARTICLE 6
GENERAL ASSESSMENT
A The DEVELOPER, for each Lot or other real property owned and platted as part of the
Development, hereby covenants, and each Owner of any Lot by acceptance of a deed for same (whether
or not it shall be so -expressed in such deed) is deemed to covenant and agree to pay to the Corporation
general assessments or charges as hereinafter provided. General assessments are assessments for the
Common Expenses of the Corporation. The general assessments, together with interest, costs, late fees
and reasonable attorneys fees, shall be a charge and lien on the land and shall be a continuing lien upon
the real property against which each such assessment is made. Furthermore, each such assessment,
together with interest, costs, late fees and reasonable attorneys fees, shall also be the personal obligation
of the person who was the owner of the Lot or other real property at the time when the assessment fell
due. The personal obligation for delinquent assessments shall not pass to a successor in title to a Lot or
other real property unless expressly assumed by them but, subject to the provisions of the Declaration,
delinquent assessments shall continue to be a lien upon such Lot or other real property.
B. The general assessment may be increased no more than ten percent (10%) per year until
December 31, 1999, unless additional properties are annexed to and made a part of this Development, in
which instance, the general assessment may be increased to meet the Common Expenses for the
additional properties and shall thereafter be increased by no more than ten percent (10%) per year until
December 31, 1999. Thereafter, the general assessment shall be fixed by the Board of Directors in an
amount sufficient to cover the anticipated Common Expenses.
1. Within thirty (30) days of the establishment of the general assessment, notice of the
general assessment shall be given to all members. After the initial.notice of assessment, the assessment
shall become due and payable within 30 days or as otherwise provided by the Board of Directors.
C. The general assessments levied by the Corporation shall be used exclusively to improve,
maintain, insure and repair the Common Areas, to pay the expenses of the Corporation, to pay the cost of
any insurance the Corporation determines to purchase and to promote [lie recreation, health, safely and
welfare of the members, to pay taxes levied upon the Common Areas and for the purposes set forth in
Article 5 herein.
D. The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Corporation setting forth whether the assessments on a specified Lot have
been paid. A properly executed certificate of the Corporation as to the status of assessments on a Lot is
binding upon the Corporation as of the date of its issuance.
E. The lien of the assessments provided for herein shall be subordinate to the lien of any first
mortgage. A sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer
of any Lot pursuant to foreclosure of a first mortgage, shall extinguish the lien of such assessments as to
payments which became due prior to such sales or transfer. No sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due or from the lien thereof.
F. DEVELOPER shall be exempt from the payment of the general assessment fee for any
unsold Lot(s) which are platted of record in the Office of the Register of Deeds of New Hanover County,
during the period ending December 31, 2010.
G. At the time title is conveyed to an Owner by DEVELOPER, each Owner shall contribute
to the Corporation as working capital an amount equal to twelve (12) months assessments. Such funds
shall be used for initial operating and capital expenses of the Corporation, such as prepaid insurance,
supplies, and the Common Areas and facilities, furnishings, and equipment, etc. Amounts paid into the
working capital fund are not to be considered as advance payment or regular assessments. All working
capital funds shall become part of the general operating and reserve funds of the Corporation.

� J U 0 U5'12
H. The general assessments provided for herein shall commence on the date of conveyance of
each Lot to an Owner other than DEVELOPER. The first general assessment shall be adjusted according
to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of
the general assessment against each Lot at least thirty (30) days in advance of each general assessment
period. Written notice of each general assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The Board of Directors shall require the general
assessments to be paid at least annually, but may require the general assessments to be paid more often.
ARTICLE 7
SPECIAL ASSESSMENTS
Special assessment may be levied against Lots or other real property for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal property related thereto, and for
such other reasons as are provided in the Declaration, the Articles or the By-laws and on such terms as
provided by the Board of Directors or the members. The DEVELOPER, for each Lot or other real
property owned and platted as part of the Development, hereby covenants, and each Owner of any Lot by
acceptance of a deed for same (whether or not it shall be so expressed in such deed) is deemed to
covenant and agrees to pay to the Corporation special assessments or charges as herein provided. The
special assessments, together with interest, costs, late fees and reasonable attorney fees, shall be a charge
and lien by the land and shall be a continuing lien upon the Lot(s) against which each assessment is made.
Furthermore, each such assessment, together with interest, costs, late fees and reasonable attorneys'
fees, shall also be the personal obligation of the person who was the owner of the Lot or other real
property at the time when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to a successor in title to a Lot or other real property unless expressly assumed by them but,
subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien upon such
Lot or other real property.
ARTICLE 8
INDIVIDUAL ASSESSMENTS
Individual assessments may be assessed against specific Lot(s) or property. In the event an
Owner fails to comply with the provisions of this Declaration, the Articles, By-laws or Rules and
Regulations of the Corporation, the Corporation, through its Board of Directors, may perform such
required task or remedy such matter, or assess a fine for such failure to comply and may levy the cost of
assessment. The individual assessments, together with the special assessments, together with interest,
costs, late fees and reasonable attorneys' fees, shall be a charge and lien against the land and shall be a
continuing lien upon the Lot(s) against which each assessment is made. Furthermore, each such
assessment, together with interest, costs, late fees and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the owner of the Lot or other real property at the time when
the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor
in title to a Lot or other real property unless expressly assumed by them but, subject to the provisions of
this Declaration, delinquent assessments shall continue to be a lien upon such Lot or other real property.
ARTICLE 9
LIEN FOR ASSESSMENTS
Any general, special or individual assessment, if not paid within thirty (30) days after the date
such assessment is due, together with interest at the maximum rate allowed by law, costs of collection,
court costs, late fees and reasonable attorneys fees shall constitute a lien against the Lot upon which such
assessment is levied. The Corporation may record notice of the same in the Office of the Clerk of
Superior Court of New Hanover County or file a suit to collect such delinquent assessments and charges.
The Corporation may file Notice of Lis Pendens, bring an action at law against the Owner personally
obligated to pay the same and/or bring an action to foreclose the lien against the Property. No Owner
may waive or otherwise escape liability for the assessments provided for herein.

- 0-300 05'13
ARTICLE 10
COMPLIANCE WITH THESE PROTECTIVE COVENANTS, THE ARTICLES
AND THE BY-LAWS OF THE CORPORATION
In the case of failure of a Owner or his agents, lessees, employees, licensees, invitees, to comply
with the terms and provisions contained in this Declaration, the Articles, By-laws or the Rules and
Regulations of the Corporation, the following relief shall be available:
A. The DEVELOPER, its successors and assigns, the Corporation, an aggrieved Owner or
Owners within the Development on behalf of the Corporation, or any Owner on behalf of all the Owners
within the Development shall have the right to enforce by any proceeding at law or in equity, all of the
conditions, covenants and restrictions of the Declaration and the Articles, By-laws and Rules and
Regulations of the Corporation and bring an action and recover sums due, damages, injunctive relief,
and/or such other and further relief as may be just and appropriate. The Corporation shall be entitled to
recover all costs, including attorneys fees if it is the prevailing party.
B. The Corporation shall have the right to remedy the violation and assess the costs of
remedying same against the offending Owner as an individual assessment.
C. If the violation is the nonpayment of any general, or special or individual assessment, or
failure to comply with this Declaration, the Articles, or By-laws, or the published Rules and Regulations
of the Corporation, the Corporation shall have the right to suspend the offending Owner's voting rights
and the use by such Owner, his agents, lessees, employees, licensees and invitees of the Common Areas in
the Development for any period during which an assessment against the Lot remains unpaid.
D. The Corporation may establish a schedule of penalties and fines for the violation of the
Declaration, the Articles, By-laws and Regulations. if the Owner does not pay the fine within fifteen (15)
day the fine shall be an individual assessment against Owner's Lot(s) and may be enforced by the
Corporation in accordance with Article 8 herein.
E. The remedies provided by this Article are cumulative, and are in addition to any other
remedies provided by law.
F. The failure of the Corporation or any person to enforce any restriction contained in the
Declaration, the Articles or the by-laws shall not be deemed to waive the rights to enforce such
restrictions thereafter as to the same violation or subsequent violation of similar character.
ARTICLE 11
PROPERTY RIGHTS OF LOT OWNER, CROSS -EASEMENTS,
AND EXCEPTIONS AND RESERVATIONS BY DEVELOPER
A. Every Owner of Lot or other real property within the Development, as an appurtenance
to such Lot, shall have a perpetual easement over and upon the Common Areas within the Development
for each and every purpose or use to which such Common Areas were intended as determined by their
type, or for which such Common Areas generally are used. Such easements shall be appurtenant to and
shall pass with the title to every Lot located within the Development, whether or not specifically included
in a deed thereto, subject to the following provisions:
1. The Corporation shall have the right to suspend the voting rights of an Owner and
the use by such Owner his agents, lessees, employees, licensees and invitees of the Common Areas within
the Development for any period during which any due assessment against such Owner's property remains
unpaid or such Owner, his agents, lessees, employees, licensees, and invitees fail to comply with the
Declaration, the Articles, or By-laws of the Corporation. The Corporation shall also have the right to
suspend the voting rights of an Owner and the use by such Owner, his agents, lessees, employees,
licensees, and invitees of the Common Areas for a period not to exceed sixty (60) days for any infraction
of the Corporation's Rules and Regulations by such Owner, his agents, lessees, employees, licensees and
invitees.
2. The right of the Corporation to dedicate or transfer all or part of the Common
Area to any public agency, authority, or utility for such purposes and subject to such conditions as may
be agreed to by the Corporation;

" 2300 G5'i'I
3. The right of the Corporation to formulate, publish and enforce rules and
regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations
may further restrict the use of the Common Area and the right of the Corporation to establish penalties
and fines for any infractions thereof.
4. The right of the Corporation, in accordance with its Articles and By-laws, to
borrow money for the purpose of improving the Common Area and facilities and carrying out its
maintenance responsibilities and in aid thereof to mortgage said property, and the rights of such
mortgages in said properties shall be subordinate to the rights of the Owners hereunder.
B. The Corporation hereinafter may grant easements for utility and other proper purposes for
the benefit of the Development and the property now or hereafter located thereon, over, under, along and
through the Common Areas. Provided, however, that no such grant of easement shall have a material
adverse effect on the use, enjoyment or value of any Lot.
C. DEVELOPER shall have the right, at its election, without the consent of any Owner or
Owners, to bring within the coverage and operation of these Protective Covenants additional properties
as may be developed in the future, which real property is located within a one mile radius of and adjacent
to and contiguous with the Development. The addition of property authorized hereby shall be made by
filing of record in the Office of the Register of Deeds of New Hanover County, North Carolina, a
Supplemental Declaration of Protective Covenants with respect to the additional property which shall
extend the operation and effect of the covenants and restrictions of these Protective Covenants as may be
necessary or appropriate in the sole judgment of the DEVELOPER to reflect the different character, if
any, of the added properties and as are not inconsistent with the plan, intent and spirit of these Protective
Covenants.
D. The rights reserved by DEVELOPER herein and all annexed Sections include the right to
change, alter or designate roads, utility and drainage facilities and easements, and to change, alter or
redesignate such other present and proposed amenities or facilities as may in the sole judgment of the
DEVELOPER, be necessary or desirable, except that the DEVELOPER shall have no right to change,
alter or redesignate the character of the use of the Lots within the Development that it has already sold or
conveyed to an Owner(s).
E. Easements and rights of way on, under, over and upon the rear, front and side ten (10)
feet of each Lot for drainage or the installation, inspection, repair and maintenance of utility services or
other proper purposes shall be reserved exclusively to DEVELOPER for such purposes as DEVELOPER
may deem incident and appropriate to its overall development plan, such easements and rights of way are
reserved in the deed for each particular Lot or section affected by such easements or described in the plat
of the particular Lot or section. The easements and right of way areas reserved by DEVELOPER
pursuant hereto shall be maintained continuously by the owner but no structures, plantings or other
material shall be placed or permitted to remain upon such areas or other activities undertaken thereon
which may damage or interfere with the installation or maintenance of utilities or other services, or which
may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope
ratios or create erosion problems without the approval of the Developer. Improvements within these
areas also shall be maintained by the respective Owner except for those for which a public authority or
utility company is responsible. The DEVELOPER shall have no maintenance responsibilities for such
easement areas.
F. An easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services to enter upon the Lots and Common Area
in the performance of their duties.
G. The real property in this Development is subject to a contract with Carolina Power and
Light Company for the installation of underground electrical utilities which may require an initial
contribution and/or the installation of street lighting. The Corporation shall be responsible for the
continuing monthly payment to Carolina Power and Light Company.
H. An easement is hereby established over all Lots and Common Area for the benefit of
applicable governmental agencies for the setting, removing and reading of water meters, maintaining and
replacing water, drainage and drainage facilities, fire fighting, law enforcement, garbage collection and
the delivering of mail.
I. An exclusive easement is hereby established in favor of DEVELOPER over all Common
Areas for access to adjacent properties for the purposes of future development and the installation of
streets and public utilities.

us orris
J. Aleasements and rights described herein are easements appurtenant, running with the
land, and shall inure to the benefit of and be binding on all undersigned, its successors and assigns, and
any Owner, purchaser, Mortgagee and other person having an interest in said land, or any part or portion
thereof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the
benefit of and be binding on the undersigned, its successors and assigns, and any Owner, purchaser,
Mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of
whether or not reference to said easement is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and rights described in these
Protective Covenants.
ARTICLE 12
ARCHITECTURAL STANDARDS
The architectural control of construction within the Development is vested in the DEVELOPER
until such time as the DEVELOPER no longer owns any portion of the property within the Development,
or when assigned to Corporation by Developer, at which time, architectural control will be placed in the
hands of the Board of Directors of the Corporation and at which time, the Board of Directors shall
assume the role of the DEVELOPER as set forth in this Article.
A. No construction, which term shall include within its definition clearing, excavation,
grading and other site work, shall take place except in strict compliance with this Article, and with any
published Architectural Guidelines which may be adopted by the DEVELOPER, until the requirements
thereof have been fully met, and until the approval of the DEVELOPER has been obtained.
B. The DEVELOPER shall have exclusive jurisdiction over all original construction on any
Lot and later changes or additions after initial approval thereof together with any modifications, additions
or alterations subsequently to be constructed on any Lot or made to any improvements initially approved.
C. No structures, buildings, or improvements shall be commences, erected, or maintained
upon the Properties, nor shall any exterior addition to or change or alteration therein be made, including
change of color, until the plans and specifications showing the nature, kind, shape, heights, materials, and
location of the same shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography by DEVELOPER, or by an
architectural committee composed of three (3) or more representatives appointed by the DEVELOPER.
Structures, buildings and improvements shall include, but not be limited to any dwelling, garage, fence,
wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe, drainage canal, ditch,
swale, catch basin, sign, flagpole, exterior illumination, monument or marker, outdoor statuary, exterior
lights, storm door, well utility facility, mailbox, screening for outdoor trash cans or other purposes,
sprinkler system, driveway, outdoor decorative objects, shrubbery or landscaping.
D. The DEVELOPER shall have the absolute and exclusive right to disapprove any plans
specifications or details submitted to it in the event the same are not in accordance with any of the
provisions of the Protective Covenants and the architectural guidelines; if the design, color scheme or
location upon the Lot or Lots of the proposed improvements are not in harmony with the general
surroundings or adjacent structures; if the plans or specifications submitted are incomplete; or in the
event the DEVELOPER deems the plans, specifications or detail, or any part thereof,.to be contrary to
the best interests, welfare or rights of all or any part of the real property subject to these Protective
Covenants or the Owners thereof.
E. The DEVELOPER shall approve or disapprove plans, specifications and details
submitted in accordance with its procedures and architectural guidelines and the decisions of the
DEVELOPER shall be final and not subject to appeal or review. Provided, however, that plans,
specifications and details revised in accordance with the DEVELOPER'S recommendations may be
resubmitted for determination by the DEVELOPER.
P. The DEVELOPER, or its agent, shall have the right to inspect all construction to ensure
that it is performed in strict accordance with the approved plans, specifications and details.
G. Nothing contained herein shall be construed to limit the right of an owner to remodel
the interior of his building or permitted pertinent structures, or to paint the interior of the same any color
design.

2309 0:i'i0
H. Neither the DEVELOPER nor the Board of Directors or any agent thereof shall be
responsible in any way for any defects in plans, specifications or details submitted, revised or approved in
accordance with the provisions contained herein or in the guidelines, nor for any structural or other defect
in any construction.
I. Owner shall be responsible to ensure that all constructions and structures are built in
accordance with all applicable federal, state and local statutes, ordinances, regulations and rules.
ARTICLE 13
LAND USE
Use of the Development property and all improvements thereon shall be restricted exclusively to
the uses set forth below and shall be subject to all applicable ordinances, including zoning and land use
ordinances and regulations and, where applicable, the requirements for the issuance of a Special Use
Permit. Without limiting the generality of the foregoing, the following use restrictions shall be maintained
and enforced with respect to the Development and all parcels or Lots therein:
A. Permitted Uses
1. The lots located in City of Wilmington zoning classification O&I may be used for
all Permitted Uses allowed by the Zoning Ordinance in effect on the date of the execution of these
protective covenants except as follows: A) convenient food stores, B) private kennels, C) fast food
restaurants, D) service stations and E) veterinary services.
2. The lots located in City of Wilmington zoning classification R-5 and R-10 may be
used for all permitted uses allowed by the Zoning Ordinance in effect on the date of the execution of
these protective covenants.
B. Building Remuirements7 _
I. All buildings and structures must meet the requirements of the respective
governmental building codes applicable thereto.
2. All buildings shall be constructed to have a minimum set -back of (15) feet from
any property line (other than a street right of way) to the face of the building.
3. Once construction of a dwelling or other improvements are started on any Lot, the
improvements must be substantially completed in accordance with the approved plans and specifications
within twelve (12) months from commencement unless DEVELOPER otherwise approved in writing.
4. During construction of improvements on any Lot, adequate portable sanitary
toilets must be provided for the construction crew, as well as an adequate arrangement for disposal of
trash, waste, garbage and debris.
5. Construction activity on a Lot shall be confined within the boundaries of said Lot.
Each Owner shall have the obligation to collect and dispose of all rubbish and trash resulting from
construction on his Lot.
C. Parking Areas. Driveways and Loading Areas:
1. All parking areas, driveways and roads must meet the requirements of the
respective governmental rules and regulations applicable thereto.
2. All parking areas and driveways shall be constructed to have a minimum setback of
ten (10) feet from any street right of way.
3. All parking areas and driveways shall be constructed to have a minimum setback of
ten (10) feet from any property line other than a street right of way, unless DEVELOPER otherwise
approves.
4. Loading areas shall not encroach into set -back areas and shall be set back and
screened to minimize the effect of their appearance from neighboring property on the street.

.3U J i. � i
D. Subdivision of Lots:
Lots may be combined and Lot lines altered with approval from DEVELOPER, but no
Lots may be subdivided in order to create additional Lots. Lots may also be subdivided with approval
from DEVELOPER, subject to all applicable zoning and land use regulations. Notwithstanding the
foregoing, the DEVELOPER or its assigns may combine Lots, alter Lot lines or create additional Lots
with respect to Lots or other property that it owns.
E. Temporary Buildings:
No trailer, basement, tent, shack, garage, barn or other out -buildings of temporary or
permanent character shall be built or allowed to remain on any Lot unless specifically approved by
DEVELOPER.
Service Screening, Storage Areas:
Garbage and refuse containers will be concealed and contained within buildings, or shall
be concealed by means of a screening wall or material similar to and compatible with that of the building.
These elements shall be integral with the concept of the building plan, be designed so as not to attract
attention, and shall be located in the most inconspicuous manner possible. Unless specifically approved by
DEVELOPER no materials, supplies or equipment shall be stored on the Property except inside a closed
building. Exterior air-conditioning units and rooftop mechanical units shall be screened to maximize the
effect of their appearance from neighboring property and the street. No outside storage or displays shall
be allowed on any Lot(s) unless specifically approved in writing by DEVELOPER. Storage of
non -business related property, including, but not limited to, campers, boats, vessels or other types of
recreational vehicles is strictly prohibited.
G. Power and Communication Lines:
All secondary power lines and communication lines on any site shall be placed
underground and no portion of any line shall be situated so as to be in public view unless specifically
approved by DEVELOPER.
H. Antennas:
No mast or tower for an antenna, whether transmitting, receiving, or both, or satellite disc
shall be placed on any site or building unless specifically approved by DEVELOPER. In no event shall an
antenna have a wooden mast or lower.
Storage Tanks:
No storage tanks, including but not limited to those used for storage of water or propane
gas, shall be permitted on any Lot except as specifically approved by DEVELOPER.
Mailboxes:
DEVELOPER. No mailboxes shall be permitted on any Lot except as specifically approved by
K. Lighting:
All street and site lighting shall comply with applicable state and local rules, regulations
and ordinances, and be approved by DEVELOPER.
L. Parking. Loading and Unloading:
No damaged vehicles shall be parked or stored in open areas of the Property. No boat,
motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain
on any Lot or on any street in the Development at any time, without the written consent of the
Corporation. Delivery vehicles (trucks, trailers, and/or vans) shall not be allowed to remain in the
parking area located in front of any building for extended periods of time. No on -street parking shall be
allowed by any firm or business.
W

M. Landscaping: " 3 U `I U J it 8
All property shall be landscaped according to applicable local ordinances and plans
approved by DEVELOPER. All shrubs, trees, grass and plantings of every kind shall be kept neatly
trimmed, properly cultivated and free of trash and other unsightly material. Appropriate provisions shall
be provided by Owner for watering and other maintenance of the grounds.
N. Robbies
Hobbies or activities that tend to detract from the aesthetic character of the Development
and improvements used in connection with such hobbies or activities shall not be permitted in open areas
unless carried out or constructed as directed by DEVELOPER. This paragraph is intended to include, but
not be limited to, such activities as automotive repair, boat repair and sports equipment placed on any
Lot.
O. Advertising:
All signs for advertising or otherwise must be approved by DEVELOPER
P. Limited Use:
No improvement on any Lot shall be used for shopping center and/or retail food sales
without the approval of DEVELOPER.
Q. Mineral Exploration
Lot(s) shall not be used in any manner to explore for or to use any oil, or other
hydrocarbons, minerals of any kind, gravel, earth or any earth substance or other mineral of any kind.
R. Special Use Permits
Owners may be required to obtain a Special Use Permit from the City of Wilmington
prior to the construction of any structure on any Lot(s). Owners of the Lot(s) within the Development
shall not object to the issuance of a Special Use Permit to any other Owner(s) within the Development or
engage in any conduct which is intended to interfere with or prevent such Special Use Permit being
issued, so long as such use is a permitted use under these Protective Covenants and such use is approved
by the DEVELOPER.
S. StormwaterRunoff Re ulations
All Lots are subject to the State, County and City rules and regulations concerning
stormwater runoff as these rules and regulations are amended from time to time. These regulations
currently provide that the land area of each Lot will be restricted to 85% of built upon area including
impervious surfaces such as foundation; structures; pavement; concrete; driveways, including that portion
of the driveway, located within, a street. right -of --way, which runs from the property line to the road
pavement; and walkways or patios of brick, stone or slate, and gravel, marl or stone covered -areas, not
including wood decking. -DEVELOPER reserves the right to recalculate the maximum allowable built
upon area in accordance with applicable stormwater runoff rules and regulations. All required drainage
swales or drainage patterns used to treat stormwater runoff may not be filled in, piped or changed
without the consent of the DEVELOPER, its designee, the Association,"or the appropriate government
authority atid'sliall be maintained asset .forth in Section W below: The,State of North Carolina, New
Hanover Counly, and the City of Wilmington are hereby made a beneficiaryof these PROTECTIVE
COVENANTS to the extent necessary to enforce their stormwater runoff regulations andb_rdiriances as
the same may be amended from time to time. This paragraph cannot be changed or deleted without the
consent of at such governing authorities.
T. Undeveloped Property
DEVELOPER shall maintain all undeveloped property in the Development in a neat and
attractive condition.

U. Destruction ., 3 0 'J 5 '; 9
Any building, structure or improvement which is destroyed in whole or in part by fire or
other casualty shall be *either rebuilt or tom down, and all debris removed. The Lot shall be restored to a
sightly condition with reasonable promptness, however, in no event shall such debris remain on such Lot
longer than three (3) months. A temporary privacy wall or fence must be built to screen the property from
view within seven (7) days and such fence or wall must be approved in advance by the DEVELOPER
V. Municipal Water. Sewer Service and Utilities Municipal water and sewer service shall be
provided by the City of Wilmington. No private well shall be permitted on any Lot except for irrigation
purposes. A well for irrigation purposes shall only be allowed with the consent of the DEVELOPER or
Committee.
W. Maintenance.
1. All buildings will be permanently maintained in a neat, orderly, and presentable
fashion. Owner shall be responsible for the maintenance of right-of-ways affronting its property and the
area between the Lot line and the Roadway. If, in (lie opinion of the Corporation or the DEVELOPER,
any Owner shall fail to maintain any Lot owned by him in a manner which is reasonably neat and orderly
or shall fail to keep improvements constructed thereon in a stale of repair so as not to be unsightly, all in
the sole opinion of the Corporation or the DEVELOPER, the Corporation in its discretion, by the
affirmative vole of a majority of the members of the Board of Directors, or the DEVELOPER, in its
discretion, and following ten (10) days of written notice to Owner, may enter upon and make or cause to
be made repairs to such improvements and perform such maintenance on the Lot as the removal'of trash,
cutting of grass; pruning of shrubbery, weeding and items of erosion control. The Corporation shall have
an easement for the purpose of accomplishing the foregoing. The reasonable cost incurred by the
Corporation in rendering all such services, plus a service charge of fifteen percent (15%) of such cost,
shall be added to and become an individual assessment to which such Lot is subject as provided in Article
8 herein.
2. The Owner of each Lot shall keep the Lot mowed regularly and clear of any
unsightly objects, including that area from the Lot line to the edge of the paved street. In the event that
the Owner of any Lot within the said Development breaches this restriction, the DEVELOPER and
Corporation reserve the right to enter upon the Lot and mow the grass, clean up the Lot and remove
unsightly structures and objects at property Owners expense as provided in Paragraph I above. This
obligation and right may be enforced by the Corporation or any Owner as provided in Article 10 therein.
X. Residential Buffer Area. Owner(s) of Lot(s) in which a Residential Buffer Area is located
shall construct and maintain a buffer on such Lot(s), which location and appearance shall be approved by
DEVELOPER. The Corporation shall be responsible to maintain the area between the fence and the Lot
line in a neat and orderly condition and appearance.
ARTICLE 14:
AMENITIES AND RACILITIES
The DEVELOPER has submitted the extension of Medical Center Drive and the other
roads within (lie Development for dedication to the City of Wilmington, as shown on a map prepared for
such dedication. Any dedicated road and access within the Development shall be considered public for
non-exclusive use by Lot Owner(s) and the general public. The DEVELOPER contemplates dedicating
the water, sewer and stormwater utility installations within the Development to the City of Wilmington as
well. However, all such amenities shall be appurtenant to the Development, whether or not shown and
delineated on any recorded plat of the Development, and shall be considered private and for the sole and
exclusive use of the Owners of Lots or property within the Development.
ARTICLE 15
WAIVER
No provision contained in this Declaration, the Articles, the By-laws, or the Rules and
Regulations of the Corporation shall be deemed to have been waived, abandoned, or abroga t;e S ��
of failure to enforce them on the part of any person as to the same or similar future viola[ a t
how often the failure to enforce is repeated. h V 2017
BY,"-—
12

3 0 J ARTICLE 16
VARIANCES
The DEVELOPER and the Board of Directors in its discretion may allow reasonable
variances and adjustments of these Protective Covenants in order to alleviate practical difficulties and
hardship in their enforcement and operation. Any such variances shall not violate the spirit or the intent of
this document to create a Development of Lots owned in fee by various persons will, each such Owner
having an easement upon areas owned by the Corporation.
ARTICLE 17
DURATION, AMENDMENT AND TERMINATION
A" Lots Persons and Eimilies Subject to these Protective Covenants All present and future
Owners, tenants, and occupants of Lots and their guests or invitees, licensees, employees or agents, shall
be subject to, and shall comply with the covenants, conditions, restrictions and affirmative obligations set
forth in these Protective Covenants, and as these Protective Covenants may be amended from time to
time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into
occupancy of any Lot shall constitute an agreement that the provisions of these Protective Covenants are
accepted and ratified by such Owner, tenant or occupant and that they will filly comply with the terms
and conditions of said Declaration. The covenants, conditions, restrictions, and affirmative obligations of
these Protective Covenants shall inure to lite benefit of and be enforceable by lite DEVELOPER~ the
Corporation, or the Owner of any Lot, their respective legal representatives, heirs, successors and
assigns, for a term of twenty (20) years from the date these Protective Covenants are recorded in the
New Hanover County Registry, alter which dale these Protective Covenants shall be extended for
successive periods of twenty (20) years, unless a vole of not less than ninety percent (90°/n) of the then
Owners agree to revoke (lie same, and (lie covenants, restrictions, conditions and affirmative obligations
of these Protective Covenants shall nun with and bind [lie land and shall bind any person having at any
time any interest or estate in any Lot as (]tough such provision were made a part of each and every deed
of conveyance or lease.
B. Amendment. The following amendments may be effected by the DEVELOPER, or the
Corporation, as the case may be, without consent of the Owners:
I. Prior to the sale of the first Lot, this Declaration may be unilaterally amended by
the DEVELOPER.
2. DEVELOPER may amend this Declaration upon annexation of additional lands as
specified in Article I I Paragraph C herein.
3. The DEVELOPER or the Corporation may amend [his Declaration to correct any
obvious error or inconsistency in draping, typing or reproduction.
4. The DEVELOPER, until tile cessation of its Class B membership in the
Corporation as provided in Article 3, Paragraph D herein, shall have the right to amend this Declaration
to conform to the requirements of any law or governmental "agency having legal jurisdiction over the
Development or to qualify the Development or any lots and improvements thereon for mortgage or
improvement loans made, insured or guaranteed by a governmental agency or to comply with the
requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under lice
substantial control of the United Stales Government or the State of North Carolina, regarding purchase
or sale of such lots and improvements, or mortgage interests therein, as well as any other law or
regulation relating to the control of property, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health, safely and general welfare. A
letter from an official of any such corporation or agency, including, without limitation, the Veterans
Administration, U. S. Department of (lousing and Urban Development, the Pederal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Pederal National Mortgage
Association, requesting or suggesting an amendment necessary to comply with the requirements of such
corporation or agency shall be sutfucicnl evidence of the approval of such corporation or agency,
provided that the changes made substantially conform to such request or suggestion.
5. The DEVELOPER, until the cessation of its Class B membership in the
Corporation, and, thereafter, the Corporation, may amend this Declaration as shall be necessary, in its
opinion, and without the consent of any owner, to qualify [he Corporation or the Development, or any
portion thereof, for tax exempt status.
13

-. ,.. 1...:_
6. The DEVELOPER, until tlh d 'cessation of its Class B membership in the
Corporation, may amend this Declaration to include any platting change of the Development as permitted
herein. In situations not covered in sub -paragraphs 1 - 6 above, this Declaration may be amended by vote
of not less than sixty percent (60%) of the Owners by instrument recorded in the New Hanover County
Registry. Unless completely revoked as provided in Paragraph A of this Article 17, in no event may this
Declaration be amended so as to alter any obligations to pay ad valorem taxes or assessments for public
improvements, as herein provided, or affect any lien for payment thereof, or as to deprive the
DEVELOPER, its successors or assigns orany rights herein granted or reserved unto DEVELOPER.
ARTICLE18
CAPTIONS
The captions preceding the various Articles of these Protective Covenants are for the
convenience of reference only, and shall not be used as an aid in interpretation or construction of these
Protective Covenants . As used herein, the singular includes the plural and where there is more than one
Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed.
Throughout these Protective Covenants, references to the masculine shall be deemed to include the
feminine, the feminine to include the masculine and the neuter to include the masculine and feminine.
ARTICLE 19
LIBERAL CONSTRUCTION
Contrary to the general rule of strict construction of restrictive covenants, the provisions
of these Protective Covenants shall be construed liberally to effectuate its purpose of creating a
Development of fee simple ownership of Lots and buildings governed and controlled by rules,
regulations, restrictions, covenants, conditions, reservations and easements administered by an Owners'
association with each owner entitled to and burdened with the rights and easements equivalent to those of
other Owners.
ARTICLE 20
CONFLICT
In the event of any irreconcilable conflict between these Protective Covenants and the By-
laws of the Corporation, the provisions of these Protective Covenants shall control. In the event of an
irreconcilable conflict between these Protective Covenants or the By-laws and the Articles, the provisions
of the Articles shall control.
ARTICLE 21
SEVERABILITY
Invalidation of any one of these covenants or restrictions by judgment or any court,
agency or legislative order shall in no way affect any other provision, covenants, conditions or restrictions
contained in these Protective Covenants.
ARTICLE 22
ASSIGNABILITY OF RIGHTS AND LIABILITIES
DEVELOPER shall have the right to sell, lease, transfer, assign, license and in any manner
alienate or dispose of any rights, interests and liabilities retained, accruing and reserved to it by these
Protective Covenants. Following any such disposition, DEVELOPER in no way shall be liable or
responsible to any party with regard to any such right, interest, or liability or any claim or claims arising
out of same in any manner.
14

Door, h"`` ARTICLE 23
j kICIITS OF INSTITUTIONAL LENDERS
A. "Institutional Lender' or "Institutional Lendcrs', as the terms arc used herein, shall mean
and refer to banks, savings and loan associations, savings banks, insurance companies, Veterans
Administration, Federal Housing Authority, Federal National Mortgage Association and other reputable
mortgage lenders and guarantors and insurers of such first mortgages. So long as any Institutional
Lender or Institutional Lenders shall ]told any mortgage upon any Lot, or shall be tine owner of any Lot,
such Institutional Lender or Institutional Lenders shall have the following rights:
1. To be furnished with at least one copy of the Annual Financial Statement and Report
of the Corporation, including a detailed statement of annual carrying charges or income collected and
operating expenses, such financial statement and report to be Furnished by April 15 of each calendar year.
2. To be given notice by the Corporation of the call of any meeting of the
membership to be held for the purpose of considering any proposed Amendment to the Declaration, or
the Articles of Incorporation and By-laws of the Association, which notice shall state the nature of the
amendment being proposed, and to be given permission to designate a representative to attend all such
meetings.
3. To be given notice of default in the payment of assessments by any owner of a Lot
encumbered by a mortgage held by the Institutional Lender or Institutional Lenders, such notice to be
given in writing and to be sent to the principal office of such Institutional Lender or Institutional Lenders,
or to the place which it or they may designate in writing to the Corporation.
4 To inspect the books and records of the Corporation and Declaration, By-laws and
any Rules and Regulations during normal business hours, and to obtain topics thereof.
5. To be given notice by the Corporation of any substantial damage to any part of Lite
Common Areas.
6. To be given notice by the Corporation if any portion of the Common Areas is made
the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be
acquired by a condemning authority.
B. Whenever any Institutional Lender, guarantor or insurer desires the benefits of the
provisions of this section requiring notice to be given or to be furnished a financial statement, such lender
shall serve written notice of such fact upon the Corporation by registered mail or certified mail addressed
to the Corporation and sent to its address staled herein, or to the address of the property, identifying the
lot upon which any such Institutional Lender or Institutional Lenders ]told any mortgage or mortgages, or
identifying any Lot owned by them, or any of them, together with sufficient pertinent facts to identify any
mortgage or mortgages which may be held by it or them, and which notice shall designate the place to
which notices are to be given by the Corporation to such Institutional Lender.
IN TESTIMONY WHEREOF, LAKESIDE ESTATES, LLC, the DEVELOPER,
has caused this instrument to be properly executed under seal this 111" day e a a0 ,19-L�—.
Lak ide Estates, L
BY: r %��✓ (SEAL)
'ft4ichael d Nadeau, Manager
Central Carolina Bank and Trust Co. a North Carolina Banking Corporation hereby consents to the
adoption and recording of this Declaration of Protective C-venants and subordinates the lien of its Deed
of Trust to the provisions of this Declaration. This the � day of February 1998.
Central Carolina Bank
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STATE OF NORTH CAROLINA
y 9 2r .wc COUNTY
I i• G���,.c��-, a Notary Public of said County and State, do
.' . ', - personally came before me this day and
hereby certii'y that
acknowledged that he/she is ctetary/Cashier of Central Carolina Bank a North Carolina Banking
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument
�'�' 6'•� President, sealed with its corporate seal, and attested by
was signed in its name by its
himselgherself as its Secretary/Cashier.
WITNESS my hand and notarial seal, this the day of/,t./, ,.-.•, . 1998.
Notary Public
My Commission Expires:
NORTH CAROLINA
A S \Jo:n � COUNTY
1 U. nt' C', 11a4-1,t Wig 4. a Notary Public or said County and State, do hereby
certify that Michael G. Nadeau, Manager of ILaKeSIce Estates, LLC, a limited liability company,
personally appeared before me this day and acknowledged the due execution of the foregoing instrument
on behalf of the company.
rt95ti�... Q�
WITNESS my hand and official stamp or seal, this \ l� day of 19 _=>o
My Commission Expires:
1a-aa-9t
STATE. OF NORTH CAROLINA
New 11anover County i
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Notary Public
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y4V. ...

� —i
Mr. Michael Nadeau, Secretary
Lakeside Estates, LLC
PO Box 1213
Wilmington, NC 28402
Dear Mr. Nadeau:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Subject:
Alan W. Klimek, P.E.,Director
Division of Water Quality
May 23, 2003
Request for Additional Information
Stormwater Project No. SW8 960605 Mod.
Lakeside Park
New Hanover County
The Wilmington Regional Office received a modified Stormwater Management
Permit Application for Lakeside Park on March 21, 2003. A preliminary review of that
information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
Please provide 2 copies of a revised project area map that shows the new
property boundary. The old plans do not show this additional area, and
since they will no longer be valid, they need to be replaced with a plan
sheet that shows the new subdivision area.
2. Please provide a copy of the recorded,deed restrictions containing all of
the items as found under Condition 11.5 of the permit.
3. The original permit was issued prior to the use of current wet pond
supplement forms. Please submit a completed and signed wet pond
supplement for each pond, showing the proposed revisions.
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
June 23, 2003, or the application will be returned as incomplete. The return of a project
will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance
under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-
215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service C*A
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

Mr. Nadeau
May 23, 2003
Stormwater Application No. SW8 960605 Mod.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
44��i
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\2003\960605.may03
cc: David S. Hollis, P.E,.
Linda Lewis
K

Hanover Design Services, P.A.
Land Surveyors, Engineers, Land Planners
ADDITIONAL COMPUTATIONS FOR STATE D.E.M.- now DWQ
Impervious calculations:
ORIGINAL -
POND NO.1 -
A. Streets (37' BTB + I O' SW)
1. Medical Center Drive 1550 LF 1.67 ac.
2. Street "A" 910 LF 0.98 ac.
2.65 ac.
B. 22.9 ac. total - 2.65 ac. = 20.25 ac. @ 85%
(to be deed restricted to 85% max. impervious)17.21 ac.
19.86 ac.
C. 19.9 / 22.9 = 0.869, use 87%
D. At 7.5' depth, 90% TSS removal, from chart:
22.9 X 0.1 X 3.15 = 0.72 ac., SA required
E. SA provided (see Stage -Storage) = 0.83 ac. SA
F. Volume required - 19.9 X 1/12 = 72,237 cf
Volume provided - @ EL= 11.5 = 73,850 cf
G. Drawdown time -
Use 4"PVC
Q = CA(2gh)^1/2
A = 0. 873 sf
C = 0.6
Q = 0.297 cfs
T = 248,550 sec.
= 2.9 days
RECEIVED
MAR 21 2003
DWQ
PROJ #�
MODIFICATION TO POND NO.I -
---------(same)--------------- 1.67 ac.
---------(same)--------------- 0.98 ac.
---------(same)--------------- 2.65 ac.
23.12 - 2.65 = 20.47 ac. @ 85%
-------------------------------- 17.40 ac.
-------------------------------- 20.05 ac.
20.05 / 23.12 = 87% (same)
23.12 X .01 X 3.15 = 0.73 ac. SA req.
= 31,725 sf
As -built SA = 40,370 sf
20.02X.98+3.07X.20 /12 = 73,550 cf
As -built Storage = 77,225 cf
As per As -built
= 3.0 days
319 Walnut Street
Wilmington, NC 28401 [phone]

Hanover Design Services, P.A. 0
Land Surveyors, Engineers, Land Planners � �
�1
ADDITIONAL COMPUTATIONS FOR STATE D.E.M.- now DWQ
Impervious calculations:
ORIGINAL -
POND NO.2 -
A. Streets (37' BTB + 10' SW)
1. Medical Center Drive 1760 LF 1.90 ac.
2. Street "B" and cul-de-sac 380 LF 0.60 ac.
3. Street "C" 400 LF 0.43 ac.
2.93 ac.
B. 24.2 ac. total - 2.93 ac. = 21.27 ac. @ 85%
(to be deed restricted to 85% max. impervious)18.08 ac.
21.01 ac.
C. 21.01 / 24.2 = 0.868, use 87%
D. At 7.5' depth, 90% TSS removal, from chart:
24.2 X 0.1 X 3.15 = 0.76 ac. SA required
E. SA provided (see Stage -Storage) = 0.93 ac. SA
F. Volume required - 21.0 X 1/12 = 76,270 cf
Volume provided - @ EL= 11.5 = 85,100 cf
G. Drawdown time -
Use 4"PVC A = 0. 873 sf
C=0.6
Q = CA(2gh)^1/2 Q = 0.297 cfs
T = 286,300 sec.
= 3.3 days
E,ECEIVED
MAR 21 2003
DWQ PROJ #'W-3 ctP6!�5 MN
MODIFICATION TO POND NO.2 -
------------(same)-------------- 1.90 ac.
------------(same)-------------- 0.60 ac.
------------(same)-------------- 0.43 ac.
------------(same)-------------- 2.93 ac.
25.23-2.93 = 22.30 @ 85%
--------------------------------- 18.96 ac.
--------------------------------- 21.89 ac.
21.89 / 25.23 = 87% (same)
25.23 X .01 X 3.15 = 0.795 ac. req.
= 34,620 sf
As -built SA = 42,890 sf
21.89X.98+3.34X.20/12 = 80,300 cf
As -built Storage = 87,760 cf
As per As -built
J
= 3.4 days
CAROL
S. NO;.�`.
319 Walnut Street Wilmington, NC 28401 [phone]

Hanover Design Services, P.A.
Land Surveyors, Engineers, Land Planners
March 20, 2003
Ms. Linda Lewis, Environmental Engineer
Department of Environment and Natural Resources
Division of Water quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Lakeside Park
SW8 960605
Dear Linda:
Attached please find a minor modification request for the above permit, 'resulting
from the rezoning, some time ago, of a small (1 .25 acre) adjoining portion of the
overall Lakeside tract to O&I. The addition of this small area to the permitted
drainage area had been somehow overlooked until now.
Included in this packet to you, please find:
❑ A new signed application and copies, reflecting the additional area, and the
accompanying check for $420.
❑ Copies of the original approved computation sheets, with the requested
modification delineated directly next to the applicable original numbers.
❑ The original permit data sheet, with the modifications in parentheses.
❑ The original drainage area map with the additional area shown.
❑ Three copies of the certification as -built drawing — no physical modifications
to the existing ponds are proposed or needed.
As always, if you have any questions, please feel free to call or email me. Thanks
for your consideration in this matter.
Sincer
David S. Hollis, PE, PLS
Attachments
xc: Mr. Mike Nadeau, Lakeside Estates, LLC
2660cert2.doc
319 Walnut Street Wilmington, NC.28401 [phone]

Hanover Design Services, P.A.
Land Surveyors, Engineers, Land Planners
May 23, 2001
Ms. Linda Lewis, Environmental Engineer
Department of Environment and Natural Resources
Division of Water quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Lakeside Park
SSW8-960605,,
Dear Linda:
Attached please find the:�E�ngineer's Certification for the above W ater Quality Pond,
yW and three copies of the ater Quality As -built Plan.
As always, if you have any questions or comments, please feel free to call me.
Thanks for your consideration in this matter.
Sincerely,
David S. Hollis, PE, PLS
Attachments
xc: Mr. Mike Nadeau, Lakeside Estates, LLC
2660cert.doc
319 Walnut Street Wilmington, NC 28401
RECEIVED
MAY Y 4 ?C:;j
DWQ
PROD #
[phone]

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
May 9, 2001
Mr. Michael G. Nadeau, Secretary
Lakeside Estates, LLC
Post Office box 1213
Wilmington, NC 28402
ALX.I�WA
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: REQUEST FOR ENGINEER'S CERTIFICATION
Stormwater Project No. SW8 960605
Lakeside Park
New Hanover County
Dear Mr. Nadeau:
On August 29, 1996, the Division of Water Quality issued a Stormwater Management Permit for Lakeside Park.
Per the terms and conditions of the permit, and Stormwater Regulation 15A NCAC 2H.10080), which stipulates the
following:
"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."
As of this date, our records indicate the required designer's certification has not been received. Operation of the
stormwater system prior to submission of the required certification is a violation of NCAC 2H.10080) in accordance with
NCGS 143-215.6. Construction is considered complete at the time the project is occupied by an owner or tenant for its
intended use. Please submit the required certification by May 24, 2001. Failure to submit the certification is considered
a violation of the permit, and is subject to enforcement action, per NCGS 143-215.6A.
This office cannot issue offsite permits for the lots in this commercial subdivision until the certification is received.
Thank you for your immediate attention to this matter, if you have any questions, please call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\PEREQ\960605.MAY
cc: David Hollis, P.E.
Tony Roberts, New Hanover County Inspections
Linda Lewis
Central Files
Dr. Thaddeus Dunn
Phil Tripp, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

Lakeside Park
Stormwater Permit No. SW8 960605
New Hanover County
Designer's Certification
as a duly registered
in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the
project,
for
ect Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
cc: Tony Roberts, New Hanover County Building Inspections
SEAL

Lakeside Park
Stormwater Permit No. SW8 960605
New Hanover County
PE 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 runoffdrains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, forebay. and vegetated filter.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
S:\WQS\STORM WAT\PEREQ\960605.MAY
cc: Tony Roberts, New Hanover County Building Inspections

P. 1
FILE MODE
--------------
241 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( MAR.15.2001
OPTION
RERSON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---------------
9-7635631
3:56PM ) * * *
TTI NCDENR WIRO
RESULT PAGE
--------------------------
OK P. 7/7
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr„ Secretary
FAX COVER SHEET
Date: 3-/.r o/
To:
CO:
FAX
REMARKS:
W-4,
No. Of Pa es:
From: r✓a,_.lQr..rL-
CO: 'j /Z,
FAX#: 910-350,2004
e..'
127 Cardinal Drive Extension, Wilmington, N.C. 284054845 Telephone [phone] pax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
Date:
To:
CO:
FAX
.3-/-j o/
REMARKS
FAX COVER SHEET
No. Of Pa es:
From:
CO: c-��N iA) /L
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-38457'elephone [phone] Fax [phone]a
An Equal Opportunity Affirmative Action Employer

tl?_ cUf✓l V �ij
L
MAY 16 2001
BY:
Hanover Design Services, P.A.
Land Surveyors, Engineers, Land Planners
May 15, 2001
Ms. Linda Lewis, Environmental Engineer
Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Independence Regional Pond, Stormwater Project No. SW8 951208
Shipyard Commons Pond, Stormwater Project No. SW8 000120
Lakeside Park Pond, Stormwater Project No. SW8 960605
Dear Linda:
I called you last Wednesday to request clarification on the issue of when it is
appropriate to require a certification on regional and semi -regional ponds. Rather
than,return,my. call to discuss this, you wrote "three letters to the owners of the
above ponds demanding certification by May 24, or threatening enforcement
action.
On the above projects, in the past, you have routinely issued offsite permits for lots
draining to these ponds without a certification, and had gone so far as to tell me
that you wanted projects to be approximately half built -out before certification.
These are NOT discrete one -use, one -pond projects, where you have routinely
required certification before a CO is issued; they are regional or semi -regional
facilities. You have previously permitted lots for Lakeside, and Shipyard, and over 6
offsite permits draining to the Independence facility. All the above ponds are siiil
serving their sedimentation basin function.
I can understand if you have changed your policy and we will try to accommodate
this, but neither my clients nor I knew about this change before these unexpected
notifications arrived, with less than 2 weeks to comply?
The Shipyard facility is not completed. Only about 1 /3 of the designed and
approved drainage pipes and outfalls to the pond have been constructed. Do you
want a partial certification? '
_
319 Walnut Street Wilmington, NC 28401 [phone]

2
Regarding the Lakeside Pond, my understanding is that you are sitting on two off -
site lot permits until you receive the certification. These lots are under a strict
timeline for construction that did not factor in this delay. Is there some way you
could issue a conditional, or temporary permit so that construction will not be
delayed, based on an assurance from the owner and me that you will receive the
certification in as timely a manner as possible?
You have told me in the past that any deviation from the original design plans,
regardless of the magnitude, will require a re -submittal of a new application and all
design documents. We can probably complete as -built surveys and support
documentation in less than two weeks, but your routine review timeframe could
seriously impact these two lots. This is a major concern to the owner.
I called you again yesterday and left another message requesting that you call me
on this problem. The owners of these three projects are understandably upset, and
confused about the sudden urgency, when the ponds were built some time ago, as
you can tell by the permit dates, and this had never come up until now.
As always, if you have any questions or comments, please feel free to call me. I am
almost always available, by phone or in person if you would like to meet about this
or any other matter. I had hoped that you would have at least given me the
opportunity to express my concerns and position before unilaterally writing the
above three notices. I thought we had a better professional relationship than this
response indicates, as we have been working out issues together successfully for
over 7 years. Thanks for your consideration.
Sincerely,
David S. Hollis, PE, PLS
xc: Mr. Jabe Hardee, Cameron Company
Mr. Mike Nadeau, Lakeside Park LLC
5834113.doc