SW8170207_Historical File_20200304

[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
F!rl(1tI carter,, ,", h c.. tui '1;7_/ it rr± t,';;5 adtTresS 5 Sub;eC* tP uip.
North Caro i,::.. .ti .::or..,4s Li-,iw o d rnoy to disciosei to t.` wd,r-7o;_s.
IANIN
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From: Luke Menius <1men [e-mail]>
Sent: Wednesday, March 04, 2020 12:09 PM
To: Pusey, Steven <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
i7at Va*s or open atuKtavem unkas ym ►►ergy. Send ail suxpi juus email as an ammbment to
Builders don't count? This is not a situation where the developer is the builder operating under a different name. JW
has sold the lots. They are out of his control.
Also, many of these lots that the GIS reports as being owned by the builder have been conveyed to homeowners. There
is a lag from the register of deeds to the GIS. I'm sure I can get you 10 deeds but this is a bit more tedious. Please
confirm that ownership by a builder that is not associated with the developer doesn't count before I go through this
process of pulling deeds.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven <steven.puseyCncdenr.eov>
Sent: Wednesday, March 4, 2020 12:00 PM
To: Luke Menius <[e-mail]>
Cc: iwfussel![e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
Yes, but only 21 of those lots have been sold to homeowners other than builders. So, you need 10 more lots which have
actually been sold to homeowners to get > 50%

Please advise.
Thanks,
Steve
From: Luke Menius <ImeniusC-stroudengineer.com>
Sent: Wednesday, March 04, 202010:33 AM
To: Pusey, Steven <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
I just started in 4A and saved/printed them unit I got to 31 lots. There are 60 lots total, so 31 is >50%.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven <[e-mail]>
Sent: Wednesday, March 4, 2020 10:30 AM
To: Luke Menius <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
Are you not transferring Phase 4B at this time? You didn't send any GIS reports for those.
dff
e4te" a way
From: Luke Menius <;[e-mail]>
Sent: Tuesday, February 25, 2020 12:24 PM
To: Pusey, Steven <;[e-mail]>
Cc: b6se11480gmail.corri
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
111M. Do not click lirbks or open attach rents unless you verity. Send all suspicious email as an attachment to
As long as it is enough information. I'm heading that way after lunch to drop off hardcopies.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
3

From: Pusey, Steven <[e-mail]>
Sent: Tuesday, February 25, 2020 11:48 AM
To: Luke Menius <Imenius stroudengineer.com>
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
That's even more than we need, so it is definitely sufficient. Is there not a more concise list just showing the lot owner's
names and lot numbers or addresses or something?
Thanks,
Steve
From: Luke Menius <![e-mail]>
Sent: Tuesday, February 25, 2020 11:38 AM
To: Pusey, Steven <[e-mail]>
Cc: iwfu.sse1148Pgmai1.com
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
i • rnal email. Do notFr-iw-vpen You ► iY. Send aft.suVkivus email as an atl=hment to
I'll get those maps over to you today along with 31 GIS reports from Pender County that show the lot having been
sold. I've attached a typical report. Will this suffice?
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven <[e-mail]>
Sent: Tuesday, February 25, 2020 11:27 AM
To: Luke Menius <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
We will need hard copies of everything.
The table you provided does not list the owners; it just states the lot is sold. In order to transfer the permit, 50 percent
of the lots must be sold to homeowners other than a builder. Please provide some documentation on this issue.
Thanks,
Steve
From: Luke Menius <[e-mail]>
Sent: Monday, February 24, 2020 1:33 PM
To: Pusey, Steven <[e-mail]>
Cc: [e-mail]
Subject: [External] RE: Permit transfer of Avendale Phase 4
4

The record maps for phase 4 are attached. Please let me know if you need hardcopies or these PDFS will suffice.
I inquired about the lot BUA and sales verification in a 1/21. email and you responded that same day with an example of
a table that you preferred. I provided this in a 2/14 email and have attached it again here. Please let me know what else
you need.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven <[e-mail]>
Sent: Monday, February 24, 2020 11:47 AM
To: [e-mail]
Cc: Luke Menius <[e-mail]>
Subject: Permit transfer of Avendale Phase 4
JW,
One other unresolved issue on the transfer was stated as follows in the request for additional information:
1. For all residential subdivision projects that are developed and being transferred to the HOA/POA:
a. Verification that no lot has exceeded its maximum BUA limit;
b. Copies of the recorded plats to verify lot numbers, lot layout and drainage easement locations.
c. Verification that more than 50% of the lots are sold;
Are you preparing a response on these issues?
Steve
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources — State Stormwater
Department of Environmental Quality
910 796 7215 office
910 796 7331 direct
steven.pusey@ ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
74,

Norin Carolina Records L',. and ';.!'7y i)e i71sOosea to mird OartIO.s.
AWN
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Permit Transfer Checklist
Option #2: Only the Current Permittee Signed the Application (to an HOA/POA without their Signature)
Steve Pusey — 314/20
1. Permit Number: SW8170207
2. Project Name: Avendale Phase 4
3. Most Recent Issue Date: 3/14/17
4. Expiration Gate: NA
5. Session Law Extension Previously Issued (Y/N): NA
6. Proposed Permittee:
a. Secretary of State (SoS) is Active: Yes
a. SoS Current Person: Whitney Ledford, Secretary 1 Treasurer
b. Deed Submitted Showing Owner (Y/N): Yes
7. Current Permittee:
a. SoS is Active (Y/N): Yes
b. SoS Current Person: J.W. Fussell
c. Original Signature with Signature Authority (Y/N): Yes
8. Transfer to HOA/POA: Session Law 2011-256 (c2)
a. It is an HOA or POA? HOA
b. Correct type of project:
c. Three criteria for transferring to HOAs:
i. 50% lots are sold to individuals (Y/N): Yes
ii. Common area transferred to HOA (Y/N): Yes
iii. Permit is in compliance (Y/N): Yes
d. HOAs, Transfer Documents Needed:
i. HOA is Viable (Y/N): Yes
ii. Election Meeting Minutes (Y/N): N
iii. Contact Information for HOA (Y/N): Yes
a. Property Manager. Katlic. A. Laverdure
b. President or VP: President
9. Compliance:
a. File Review Inspection Documents:
i. Deed for Common Areas (Y/N): Yes
ii. Recorded Deed Restrictions (Y/N): Yes
iii. 0&M (Y/N): Yes, previous version
iv. PE Certification: Yes
v. BUA/Lot Summary: Yes
b. Letter: If there are items to fix in the field, ask them to send pictures of the finished product with their resubmittal.
a. Field Inspection:
i. Inspector: Steve Pusey
ii. Date: 2/28/20
iii. Issues/Actions Needed: Plan of Action Letter received

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, March 4, 2020 10:42 AM
To: [e-mail]; [e-mail]
Subject: SW8 170207 - Avendale Phase 4
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on March 4, 2020. The project has
been assigned to Steven Pusey and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405

4-
Application Completeness Review Chzckiist �20
Progece Name; bate I
BIMS Received/Accepted Date
Project County/Location: 'BIMS Acknowledged Date:
Paperwork Emailed Engineer on-
ISupplemenx(s) 13 original tier 6M.P)
DO M with currectionginal signatures (I orlgrnal per SMP except LS/VFS and swales)
7 Application with, correci/nriginal signatures
-i' i:orp or LLC Sig. Autni er So5 or Sig nat.ure.Authorization letter or_reporl
Qs�05 j'waha; 5 mu) Cneckr#{s}: 12 -7 r-N - E]No Fee
®Soils Report: w/SHWT or General Repurt
71Ca lcula i r„n. lsignedlseolEd j
D6-'-`ed Restrictions, if subdivided:
0 "Signed & Notanied Template
®Correct Template IComifu 'Res & HDi!-D1 utDer-. Covc--nants & Resi.
Decorded CovenarAs
®Recorded Flats 050%, or more Lots Soiri 1-ic,
EIEmail Address: design Engineer
[:mail Acldress Property Owner
I a
®f:rnail Address: Lessee
01-ease Agreeinent
17 Email Address Purchaser
OPurchase Agreenwr;€
®'Emaii Amess: Deveiorjr�
Email Address HOA Representative
"Project Narrative r f i r T `
vt
FJUSGS Map 1
Plans
132 Sets ®Wetlands: Del!neaiied ui No Vvetiarid,-
DVicinity Map oP.rcrlect Boundaries
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®DA Map- 00eiails (roads, col-ae-adc�, curtr:,. sidewalks. BMPs, Buildings, etc)
7onditions F—Tanciscape Flan
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REVIEWER NAME: NOTES TO REVIEWER: *Enter BINIS Acknowledged Date on this Sheel
.*FOR NEW Protects -Enter New Permit # on
4- Suprikements & Deed Restiction Templates.
G:- vu\�\RpseiK�„ce uprary ilroceoures\Checklisis\ComuueLeness Review Checkiist 2018 03 13

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
DEQ SECTION: DEMLR/Hay
NAME: Nick Garner
FILE ACCESS RECORD
REVIEW TIME / DATE: 2-25-2020 / 8:15-10AM
EMAIL: [e-mail]
REPRESENTING: Coastal Carolina Resource Group PHONE: [phone]
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3;.:
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents.
Payment may be made by check, money order, or cash at the reception desk.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases, large totes, etc. are permitted in the file review area.
6 Necessary large plan copies can be scheduled with _ _ 919-796-7265 for a later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics
can be contacted to set up payment options. WrltteA-tqugstiions may he left. .with :thsi�caniiph ted-,f iji 40d �. staff
metabor, will. be In con ayou IF:YOU provide YOUr`contaet°information vvher FridYcat t bsiv$:
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME
SW8 060352 Avendale Subdivision
4. SW8 170207 Avendale Phase IV
044120
Si ature and Name of Firm/Business Date MM/DD/YY
COPIES MADE I QS_ PAID 7
G1ADM/Shared/File Review Access Form rev 2018
5,y
Time In
INVOICE
COUNTY
Pender
Pender
yid
Time Out

STROUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
dIEUVIEQ @1P 4 ° C ]�CtiV]A �44Qd
[phone]
TO W—V &
WE ARE SENDING YOU
❑ Shop drawing
❑ Copy of letter
DATE ^ ��
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JOB
ATTENTION
RE:
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❑ Attached ❑ Under separate cover via the following items:
s ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
k
THESE ARE TRANSMITTED as checked below:
El For approval
❑ For your use
❑ As requested
El For review and comment
ElFORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
El Return corrected prints
El PRINTS RETURNED AFTER LOAN TO US
COPY TO _
SIGNED:
if enclosures are not as noted, kindly notify us at once.

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Arc
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Radius
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Length
Length
Length
Direction
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22'38'25'
290.00
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114.59
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113.05
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58.D5
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340.00
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3.45
1.73
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163953
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340.00
80.19
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06
9114'38"
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40.29
20.21
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250.00
24.80
24.79
12.41
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250.00
113.03
112.07
57.50
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N
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20.00
16.02
16.33
8.94
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42.301'937"
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29.34
28.2699
15.0371
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5
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40.00
36-T4
35.46
19.79
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C75
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20.00
16.82
16.33
8.94
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C16
63•00'27'
40.00
43.99
41.80
24.52
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C77
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210.00
111.63
110.32
57.17
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C18
0.07'02'
5025.00
10.27
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32.46
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210.00
37.51
37.46
18.80
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5025.00
71.03
71.03
35.51
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26.01'12"
210.00
95.37
94.55
48.52
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2'28'58'
280.Da
12.13
12.13
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7.18'23"
290.00
36.98
36.96
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14.05'44'
280.00
68.88
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C26
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350.00
16.62
16.62
8.31
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0.55'37"
5025.00
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40.65
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350.00
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340.00
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14.73
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17.04'38"
310.00
92.40
92.06
46.54
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310.00
13.43
13.43
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320.00
201.43
198.12
104.18
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320.00
58.43
58.35
29.30
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310.00
76.26
76.07
36.33
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151.64
148.90
78.69
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163.34
159.93
85.29
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Line Table
NOTE:
N®
Direction
Length
RIM OF CBEEA MN FROH AERIAL PHOTOGRAPHS
OR SURVEYS 8Y OTHERS.
LI
N BB•1T'12"
N 16.15
L2
N 41'35:46"
N 25.19
L3
N 18.0353"
N 47.52
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20.00
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LB
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28.79
L9
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28.53
L10
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68.96
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N 53'56'21' E
99.05
L12
S BB•fi'12' E
16.15
L13
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125.60
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AODRE45I NG COOH INTO ATOi D TE
WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION (DEEII DESCRIPTION
RECORDED IN BOOK ,Iff_ PAGE :A7f_gr'THAY THE BOUNDARIES
CERTIFICATE OF FINAL PLAT APPROVAL
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FM
INFORMATION FOUND IN BDUK _d�t PAGE: i THE
APPROVED BY THE FENDER COUNTY PLANNING 11111111)
RATIO OF PRECISION AS CALCULATED.IS 1/10.000 0--:
IP ER COUNTY BOARD OF COMMISSIONERS, IF APPLICABLE)
THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH
1Z11-/L
G.S. 47-3D AS AMENDED, WITNESS IIY jIl I61NA. SIOIA7WE.
LICENSE NUMBER AND SEAL THIS _ DAY O'. _--I✓t
INEENNEr PLANNING DEPT. DATE
gm/(s -
N'I
SEA�L/ OR STAMP
6
�.
aW
- L-337p
.", $
L- 39 7 1p
\
LICENSE NUMBER
SURVEY CERTIFICATE 11 AND III
W
C Aa1FR5O1 rAFFK
d''"
1 46 4
1. CERTIFY THAT
Line Table
THIS RAT DOES CONTAIN SPECIAL FLOOD
b '2461 59.FT
Name
Direction
Length
NA2AR0 AREAS AND IS NOT LOCATED
0.29 Ac.
IN A FLOODWAY AS DELINEATED BY THE
ar .,
L7
N 31'3T'09' W
48.53
FEDERAL EMERGENCY MANAGEMENT ACT
L2
N 45.5D'42' W
22.00
s
L3
N 45'SD'42' W
1.21
THE SUBDIVISION SHOWN ON THIS PLAT
L4
LS
N T3.33'25: V
5 34.3D'51 V
5083
1 :00
GOES NOT CONTAIN AREAS OF ENVIRONMENTAL
L6
N 34.30'55' E
5.34
CONCERN AS DELINEATED BY THE NORTH
CFO
L7
S 40.0T'35' E
51.07
CAROLINA COASTAL RESOURCE COMMISSION.
L8
S 3:22:06: V
38.02
L9
S 693230E
23.95
THIS SURVEY CREATES A SUBDIVISION OF LAND
= _
L 1 0
5 52'48'26' E
32.90
WITHIN THE AREA OF A COUNTY THAT HAS AN
L11
S 37'15'17 E
43.90
ORDINANCE THAT REGULATES PARCELS OF LAND.
L12
S 22'46'14" E
47.34
'��
L13
LIS
S 61'2T'20" E
S 53.06'29' E
33.7B
50.96
WITNESS MY ORIGINAL SIGNATURE, REGISTR TION
FUfUKE W
•�
L15
S 50.09'47" E
32.OT
MINER. AID SEAL THIS ?&- DAY OF __✓'_4__E
A.D.. ��lr( POMOPM W '
L76
L77
N 86.37'54' W
S fi2.0B'26' E
20.00
45. S3
6,/ /� ® �{
32 °i
L 1 0
S 48'46'48' E
50.09
jCl /�i�- '5r^_
9569 m.FT q
g'
L79
S 29.44'54' E
30.2T
G ANDERSON CREENE _ -. AI. =
0.22 AC. •,
9431 5aFT
L2
N 78' 1 B'12" E
48.
0$2 AC.
L2
S 3
G-3 3Jp 1
S T6.04'247" E
48.36
LICENSE NUMBERL22
Curve Table
Ara
Chard Tmgmt
Chord
Nam
Delta
Radius
Length
Length Length
Direction
Ci
3.32'17'
370.00
22.85
22.84
11.43
S 24.14'59' E
C2
340,000
590.03
SB95
29.459
S 2T•27'15' E
f9641
0.'17'
5
3700
764
70.
353
SC3 31.29'16' E
C4
13.12'06'
370.00
85.25
85.06
42.82
S 43.33'28' E
C5
13.35'44'
370.00
87.80
87.59
44.11
S 56:57:23: E
C6
13.35'44'
370.00
87.80
87.59
44.11
S 70.33'07' E
C7
8.43'18'
340.00
51.75
51.70
25.93
S 75.22'59' E
C8
2'23'39'
370.00
15.46
15.46
7.73
S 7B•32'48' E
C9
4.48'18
430.00
36.06
3605
18.04
77•20'29' V
NN
C1074419'
200.00
3782
37.79
16.94
N 75.52'28' V
C 1 1
54.1,38,
4
37.83
3644
20.47
S 13.25'21" V
C12
4811'23'
20.00
0.00
1682
1.33
894
S 025:14' W
C13
8
29.4T
26.87
128.314
S 76.4332` W
C14
13.52'30'
430
10413
103.a
52
N 6B•001051 V
C1
55.42'36'
40.0
38.89
3T.38
21.114
S 22'28' W
15
C16
55.42'36'
40.00
3
373
214
N 55.54:56: V
C7
55.42'36'
40.00
38.89
37.3
21.14
N 0.1221V
C I a
13.58'18'
430.00
04.86
10460
52 6
N 43.52:42: V
C 1 9
85.22'46'
20.00
29.80
27.12
18.49
N B 10 28 V
C20
48.11'23'
20.0
15.2
.
163
94
N 5B•36'36' E
C21
55.03,21,
40.000
97
2085
1038E
531'53:W
C22
10143'20'
43000
80.41
80.35
40.35
10.5924
200.00
53.71
53.63
26.94
7 W
N 253C23
C24
41'
323'
430.00
27.69
27.69
13.85
N 24.19'32' W
C25
2.43'14'
350.00
16.62
16.62
6.31
N 45.09'47' W
C26
13.03'C9'
280.00
63.79
63.65
32.03
H 39.59'49' V
C27
14.05'444'
238100.00
678.88
68
34.12
N 39.2B'32' V
936
00
2
53.75
26.98
N 27.2T'15
WC26
US
328
00
83
120.54
N 39'15'D5' W
C30
23:43'19:
400.00
165.61
164.43
84.01
N 67'52'58" W
C31
B16'40
310.00
44.79
44.75
22.43
N 75'36'18" W
Fu Gl
PRELIMINARY PLAT COMPLIANCE
THEsxUWN
SUBDIVISION THIS FINAL PLAT
OM
y
�'
IS SUBSTANTIALLY
AlY IN COMPLIANCE WITH THE
.••"""""'
APPROVED PRELIMINARY PLAT AND ALL
CONDITIONS OF APPROVAL tIPME0 THEREON.
%
goy.` p�,ssioy
WITNESS MY ORIGINAL SICNA . REGIST ON = Z. i g
NUMBER. AND SEAL iH15 DAY OF
= 2° 5
CERTIFI D P IIJIIAL &11'
DATE:(,\b% VL
SEA.
PRIVATE ROAD CERTIFICATION
CERTIFICATE OF REGISTRATION
BY REGISTER OF DEEDS
NORTH CAROLINA PENDER COUNTY
'
FILED FOR REGISTRATION ON THE
DAY lE AT IAWPNI
ANDP�Y RECORDED IN MAP BOOK_
SONS
G��� �i�=
v` • E i �:n
0i I
NOW OR FORMERLY
BRITTON WOODLANDS, LLC
DEED BOOK 3561 PAGE 260
IIIINIYIYIIIAII
0oer4c a07PSt
��
1�` N SB�+s
110
NBrE:
RIM
OF -El SHOWN FROM AERIAL PHOIDN--SwN,m,t
om7mtett:seasuA
fi•A.NI: drab P.o.tmt
"PP
q0 •(
\
�JO
OR SURVEYS BY OTHERS.
anoal.rwR�bi.
Sic"aNae78
WNW ra 7W-078I1)
it
,Ile
k'
IA
NOW OR FORMERLY
~,�\
to
•'%
BRITTON WOODLANDS. LLC
DEED BOOK 5561 PACE 2.40
`4 J'
N,\!,
\\(��
/
\
� �'\
gal/
/� .��
/
/
RUN OF
HARRI5ONS CREEK
�Lll
Q
/
/
IS PROPERTY LINE
!� SPECIAL FLOOD
HAZARD AREA
'
14d o
MISS SD.FT
0.4.4e A.. e '
117
11W S0,
a." a.
y
le•
ryl
�:.96ai
� IF
NrAJ/ G pA 1'VI♦
I (WE) HEREBY CERTIFY THAT ALL PRIVATE ROADS AS
DEPICTED ON SUBDIVISION PLAT AVENDALE PHASE 3C
fOA fM W y
HAVE BEEN DESIGNED. IIRTALLEO, INSPECTED, AND APPROVED IN
ACCORDANCE WITH ARTICLE 6 OF THE FENDER COUNTY UNIFIED
&ran SF MINE a
DEVELOPMENT ORDINANCE AND ALL APPLICABLE PENDER COUNTYCODES
PRIOR TO FINAL PLAT APPROVAL FOR ALL OR A PORTION
OF THE SUBDIVISION.
THERERAREYNO GUARANTEESR6OR ASSONCESSOFRACCEPTANCE
h
1 � ,C�•A•el .
'Ras
OFSAIDRO
BY THE UMM CARP" HA EPARTMENT OFTRANSPORT
1
.
LER I IFIED A
''•a„k.
FEM
[SEAL)
27
Tom SO."
0.23 K.
119
21536 SO.FT y\
0.50 A.
.I
P
{' y
N 6♦ %E �•
IL
150
t P105Yr 56Ff -
'i o.4e AC. ^'
.I e
0.27 A. a7
>; g 152 .\4(/
ISM SO FT
4` •'� 0.31 a' SPECIAL FLOOD
HAZARD AREA
P 9�• \ep ZONE )AE)
\ A4 SD
\ HIM 9a \ � 9.36 A.L
Y. •
�\ it
,n � ♦SAP
166
12727 50.F7
'14 41•. 0.29 Ac.
WAR a
A 25
HMV M a PAIF a
/ OPEN SPACE/ /
/ CV 2NAREA
IM34SISLFTT /
/ 6.51 Y. /
SPEC) FLOOD
HA AREA
ZOE [AEI
/
y�
7
NOW OR FORMERLY
BRITTON WOODLANDS, LLC
DEED BOOK 3561 PACE 740
I
I
1
I
// 'i
V I
CERTIFICATE OF OWNERSHIP
\
DEDICATION AND JURISDICTION
O \
WE HEREBY CERTIFY THAT WE ARE
\
\
THE OWNERS OF THE PROPERTY SHOWN AND
DESCRIBED HEREON AND THAT HE HEREBY
^
ADOPT THIS PLAN OF SUBDIVISION WITH
V \
OUR FREE CONSENT AND DEDICATE ALL
\
STREETS. AL EYS. WALKS. PARKS. CONSER-
VATION SPACE AND
\
OTHER AREAS TO PUBLIC
DR FRIGATE USE AS NOTED. ALL AND
0, \ \
DRAINAGE EASEMENTS TFDF
FURTHER FWE
\
FDIC UTILITYOSE .
PURPOSES. FURTHER. WE
\
CERTIFY THE LAND AS HEREON IS
\
UBDIV
WITHIN THE SUBDIVISION
JURISDICTION
JIIRISDICTfOM O FENDER COUNTY.
JTMTURE IF OWNER
EASEMENT NOTE:
ALL NEW ACCESS EASEMENTS SHOWN ON DESIGNATED ON THIS PLAT.
rn ieF 7xL TNAxCCL9 nr AM EASEMENT TO 11 FENDER COUNTY FOR
USE BY ITS EMPLOYEES AND AGENTS FOR ACCESS FOR EMERGENCY
PERSONNEL (POLICE. FIRE. A RESCUE) AND FOR USE BY PENDER COUNTY
EMPLOYEES FOR ADMINISTRATION OF ALL PENDER COUNTY
ORDINANCE: 2) TRANSFER OF AN CASEMENT TO PUBLIC ENTITIES AND
PUBLIC UTILITIES FOR THE PURPOSE OF INSTALLATION AND
MAINTENANCE OF WATER. SEWER. ELECTRIC, AND COMMUNICATION
LINES.
CERTIFICATE OF DISCLOSURE:
PRIVATE ROADS
WE. THE DEVELOPERS OF __ A1M�I�ALfPA$f_ A -__ SUBDIVISION LOCATED IN THE UNINCORPORATED
AREA OF PENDER COUNTY UNDERSTAND THAT THE ROADS IN SAID SUBDIVISION ARE DESIGNATED PRIVATE.
I UNDERSTAND THAT OWNERSHIP AND MAINTENANCE OF THE ROADS WILL BE THE RESPONSIBILITY OF THE
DEVELOPER UNTIL SUCH TIME THAT THE DEVELOPER DESIGNATES THE RESPONSIBILITY TO THE PROPERTY
OWNERS ASSOCIATION. RESPONSIBILITIES MOST B ACCEPTED
E CCE TED BY THE HOMEOWNERS ASSOCIATION
AS SPECIFIED IN THEE HOMEOWNER COVENANTS FOR SAID SUBDIVISION. THE PRIVATE ROADS IN SAID
SUBDIVISION ARE TO BE CONSTRUCTED N ACCORDANCE
1ATI WITH THIS UAN AND ALL APPLICABLE COUNTY
CODES WHICH INCLUDES THE RESIGN, INSTALLATION. INSPE
CTION, WORT AND APPROVAL BY A LICENSED
PROFESSIONAL ENGINEER (PE) ON OF THE
IN THE STATE OF NORTH CAROLINA RTIO PRIOR TO AINFRASTRUCTURE
APPROVAL FOR ALL OR A PORTION 1)F THE SUBDIVISION. IF ALL OR A PORTION OF THE ROAD INFRASTRUCTURE
SYSTEM WITHIN THE SUBDIVISION IS ROARER THROUGH A SURETY. PERFORMANCE BOND. OR CASH
ESCROW, NO BOND SHALL BE RELEASED UNTIL ALL ROAD CONSTRUCTION IMPROVEMENTS ARE COMPLETE
AND CERTIFIED BY THE PROFESSIONAL ENGINEER.
IT SHALL BE DISCLOSED TO THE PROSPECTIVE BUYER OF A LOT OR LOTS WITHIN THE SUBDIVISION THAT
ROAD MAINTENANCE SHALL RUN THROUGH THE PROPERTY OWNERS ASSOCIATION IN PERPETUITY AFTER
ACCEPTANCE FROM THE DEVELOPER UNTIL SUCH TIME THAT THE ROADS ARE RE -PLATTED AS PLEIL.ICALLY
DESIGNATED ROADS AND TAKEN OVER FOR MAINTENANCE THROUGH THE NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION INCDOT).
NOTE:
GNATUR IF OVER FEE MP 109M 43 PAGE 96
PHASE M. SECTION 2 = 12.01 AG
YiJ Go-
5'S tit if/� i' -- FOR
F •�° oQ/--------- A \/ A F>L E
e '` - PHASE 4 A, SECTIOfV Z-
`YQ LEGEND
1'L_ • IRON ROM SET TOPSAIL TOWNSHIP PENDER CORNY NORTH CAROLINA
O EX. IRO) PIPE OWNER: AVENDALE DEVELOPMENT. LLC DESIGNED: JHF
"♦ �' �: ■ CONTROL MUNNT SET ADDRESS: PiG BOX1064DRAWN GAG
\ '1t; ; ; • CCONTROLCONTROLPK )MMENC 28M3
IL SET PHONE: (2101 2TO-1725 _ -. APPROVED) JHF:
\ \• ISO o so too S STROUD ENGINEERING, P.A. DATER s/D31119
\ \0847 SCALE: \ \ I.-D Cl..CINEMM DRIVE
\ \ ■ILMINGTON. NDI CAROLINA 2M03
\ GRAPHIC %•ALE: .'-SIP I 19I" 'IS-0775 19101 815-0 23 FAX I SHEET 7 OF 1
rna .5 _7s

`~, %
lol
ool
ool
All
141,
i
LOT
7
l it ``��� / s`:. �'•�,` � .. 4 : or
MAMNr
PLANt M OPEN SPACE, COMMON AREA ,,` 1 95.59' , •'
�L^^ A►8*.KFAIE 68 CREENSPACE,ACC65:AND _ .5 N6•46 07
V�UTY EASEMENT'
95T24.SOFT.
r 2.7R, AC: 1 1 i-f Al • , .. 1 1 �['P l
aL.
Won
1
r 1 1 �1 40Sy
d , 1 1 •y \
.� 1 siilk
10T91 SOFT
0.24 W_ - .Lor
34
35
' - !�' / �'' t . i ' ; _ I I145 SOFT
s an AC.
42
. - • a • 1 14N, SOFT
T I
S � .. - i ' � • � 6.33 u. 91•IB
1
0.11 At
.. ..zs. • 16o,Do
r... ; 56
.. 13266 50.FT
14301 SO.F7 IH t•_dl 0.30 AC.'
N
00
30_OftAINAGE _EASE __- t -
-31
Y
_ 1 " C5
tip'. A.k.-�::y.; ,;'f',, ..Y,., :y?'.�a7W.r`, "•s^ 143C1.30.FT 1 1'
B.33Ac.' 57 1 - io' X'TO
�' ISICIIT EAS., .
.s � ..b:�39 �- \
y -N \;IpIT EAS. i
56
0.31 A¢:. rl.
699938 .FT
37
-
16.9T
.40
IUI43 SOFT
9.25 Ad.
N
r
T
.30.i3 AC..
pew• Io*S0.Fr •.t �- 1(0¢49afC �;;.g y�'_
lip,
•
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54
11 53
,stOY. -• .'-�'ti.- .. .+�,, 31
•. , r '':\
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13BT2 SB.FT. Wi S" 1 S2
` 11 Or32 Ar. , 1 116101aFT "
•\
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'
: O2r AC.
;
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AC.
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. T
- •.•�YEtIDALE: PFIASE'1-3 H011< `: ,51.46
'
f
SPACE/ •
9 Id .T:•:- faD.se
1••
G•� • .� j OP �'l�Vf'�,
��1 � �}'�•'Cp
:roe � r
Y16fA6LE YIOIN • : . .
•
. ..C.. 7'i•4i ..
YRIIINLE 101A - 1 OPEN
';J ii p9A1NABE AID s COMMON AREA
}� . Ea3
. •It NARFi4
t4u �F "A;
'In o\I�'- �f' n. ,Qf�SO.FT
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UTILITY FA50F.MT
u UT1LItt
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60'PI1B'LC-tgY�O .. AT 79.'13 1
--`
i--__�----
-
10' X_-
— - SIGHT EAS. '1� SIGHT EAS.
- -
--_—-----------------------
.NdMe$T.erviF-598wil,,ViVENb}4I:E iiw..i %(R
..
51
16M SOFT
0.37 AC.
41 - .1
3R1 SLft '
TL22 AC
'
43
' •`'
.
106T1 SOFT
0.25 AC.
.42
FT
9.2D AC.
t
IT44�SO.FT
.
0.40 AC..'
mr
6
IIIIYI II
NN
Fw Ane WAO M,P 1a11
lI n01 'AM1�6ip...
Rx UU Polls-u YI
3 „ a / 'BOIEt
J SEE NAP 600x'43 PAGE N
FOR NC CRIB TIE.
9
/
PHASE 4B = 16.07 ACRES
9- NJ• -�" - i(1Sw'--- - - 1 - - NAP FOR RECORD FOR
316
- A V E t�,1 PA L E
PHASE 4 B —
'N• - - - TOPSA[6 TOINSHIP - PENDER.COWTY NORTH CAROL IRA
10Z3T•Z4 - OWNER: AVENbALEDUO LOP3EN7•1 DESIONE61 JHF
! 6. ,wry WAl'.2�0•"^•�'' ^ ADI?RASS: FO BOX 10662N DRANNI GAG14T ss�vvvUCRN4 LEGS D• PHONE: ,1910f RT0 1i2S 28443
`� 'IRON REM SET APPROVED: JHF,
- - .50 0 50 10o EX. IRI7F PIPE DATER 6/09/18
E tONTlia NitAeFxi 5E7 STROUD . ENGINEERING;. P.A.
. -e CONTROL PB,NAIL.SET-'IVE SCALES 1"=5TT
GRAPHIC SCALE: 1" a W. .. - tiI�2-IN6TOA1. NORTH 4:AflOL INA 28905 - _ .
19101"p15-Orr: 4910) U15-0693 FAA SHEET V OF 2
q 3T / 4Q- ;L
50'
1311E SOFT
0.31 AC.
Y v'r
47
.rC
1100022CMIT
46
2aa At
OFT AC.
49
1363T SOFT
-
i0 0.32 Ac.
.
/3TT1 SOFT
O.1P AC.

HNRRISONS
CREEK' :STATE,OF NORTH CAROLINA
4 COUNTY OF�..�P�.EER �}ND
. e�JO 11,Lr' I._v 1PREVIEW OFFICER OF PENDER COUNTY.
/ - N.C.,,CERTIFY THAT THE MAP OR PLAT TD WHICH DIIS CERTIFICATION
.%� IS AFFIXED IEETS`ALL STA7U7ORY REQUIREMENTS FOR RECORDING.
- ' '�\ lJl-lo�ty ��I a 130�rJrc •
REVIEW OFFICER
.,'..�fyc-
?10
VICINITY MAP:..
E M ROAD NAME CERTIFICATE CERTIFICATE OF.OWNERSHIP,', ..
DEDICATION AND JURISDICTION '
THE ROAD NAMES ON THJJS PLAT HAVE BEEN APPROVED '.,,WWE HEAEAY CERT II THAT ME :ARE
BY FENDER COIN7Y'EIEflGENCY IWNAGEIEIIT '. THE OWNER S O: THE PROPSgTY SHOW AND
-DESCRIBED HMGG�M AND THAT WE HEREBY '
OIA�FREEIChNSENT. kA SUBDIVISION
NALLTH
1,11m, APPROVAL DATES
.. SIRE ALLEYS, -KALB.'PARKS; (ANSER-
.VATION SPACE AND OTqER AREAS TO PUBLIC
PARCEL.-IDENTIFiCR CERTIFICATE oil PRIVATE IISE.AS MOTED, ALL ROADS AND
DRAINAGE EASEMENTS ARE DEDICATED FOR
PARCEL IDENTIFIERS HAVE. BEEN ISSDED PoR _ PUBLIC UTILITY PURPOSES. FURTHER. WE
ALL PARCELS SHOWN -ON THIS PLAT CERT�IFY THE LAHI-AS SHOWN HEREON•,IS-
t•. - OCATED WIT N TH 'SUBDIVISION -
327 411 -79l Ii- D+bs. I .-��ig JURI$ OF VEfl C Y.�
- TAT' SMP,LRVf6BR OA /4's'�'t•.
1 -�.. cw
REVIgW 0 ANO APPRDV Q:BY :'SIGMATURE OF OVER
THE'A6DRE$SING"COORDINATOB
.. ... ', ' .. -. : .. i
EASkMENT -NOTE:
CERTIFICATSOF.*'F'INAL�PLAT;APPROVAL ��W'ACCESSEASEIENiSSfi. OffDESIGNATED aN1H1$Pn.
' INCLUDE THE TIE MSFE9'.OF: AN tASEYENT TD 11 PENDER COUNTY FOR -
PROVEO AY , .PFINQER'000NTY PLANNING BOARD .USE BY ITS OpLOYEES AND AGENTS FOR ACCESS FOR EMERGENCY.
(PE C TV B DT EORNMISSIONERS. IF APPLICABLE) PERSONN L IPALICE. FIRE. d RESCUEI AND FOR USE BY REDDER COUNTY
..:.EMPLOYEES FOR ADMINISTRATION OF ALL PENDER COUNTY
'Iz- TO- 1 T. ORDINANCE; 21 TRANSFER OE'AN EASEMENT TO -PUBLIC ENTITIES AND
PLANNING DATE - PUBLIC UTILITIES FDA THE PiOOSE OFINSTALLATION-AND
.: MAINTENANCE OF -WATER: SEINER. ELECTRIC.:AND COMWNICATION
DEPT.�- ... LINES.
�/'. . .. 1, 7 / G
DA78 T
11Rl-Yt1T7y'..
. .FRIZ..]ATECROADSF U[SCLOSUhE:.
CERTIFICATE OF.SURVEY
r AND AC RACY '
I..G ANDERSON GREENE. ,; CERTIFT THAT THIS PLAT
.:'. WAS -PRAWN UNDER .MY 'SUPERVISION FROM AN ACTUAL'
'SDRVEO MAOE.ONOCR'MY SNPER0SjON'1 DEED DESCRIPTION:.,
RECORDED., ;IX DQCII,' ._ .VA6E .THAT THE. BOICADARIES.'::",:..
NOZ.SIIBYEYED, ARE'Qt=AIRLY{1IJIIGATEO AS DOAWN OY `..'. .. .
,, ,•�:� a.. ,: ;�'` INFDIjNl47.IO'F..OURB IN:ADgll;l} .y'PAGE-- HAT THE
r•. •. ,..:::., ::, AAT10.O.1F: PRECjSJQN:AS..;k6�iIpI,•aTE0..1S-j L70.000 +/•:: ..
p THAT-TNTS PL'A7 WAS f4lE ANEO IN ACCORDANCE WITH '
.C.S 4T 30 pS AI MoEQ 1101TI�6S`MY QAICINAL SI NA
:LICENSE�IIA AND SEAL. T.II IS._�: DAY 1., Al �
SEAL:'OR STATAP
1'F..>:-':.,::;.'.'_:.',,.:::.::@.:..:.__..•`..EIIGINEER'$CERTIFICATEOF.:'.
Ew
p ' k??%¢ PRELIMINARY PLAT COMPLIANCE -
s LICENSE -NUMBER „ i TH6.31JBW-iYI5I0M SHORN Gd INNS FINAL'PLAT ' p
S SNBSTANTIALLT;IN COPLIANLE WITH THE
SIIyV�Y CERTIFICATE' I I. AND:'I1I . :• APPROVED PAEL]YJNARY: PLAT AND ALL
-r CONDITIONS UE. ;APPROVAL IMPOSED -THEREON.
1; G ANIlERS .CBEENE �..:_ CERTIFY 'THAT
"'� '.•"' •THIS PLAT p0E5:' GDIITAIN•SPECIAL FL WITNESS, MY OR(WRAL'SICN hili, REGIS7JRATION i. •,
HAZARD AREAS Aro TS. NOT:LOCATED : NOYBER. AND SEAL'THIS a._ DAY OF
V IN A FLOCOWAX:AS DR?,'El(fED'BY-:THE
ECERALEMERGI_IICY I1ENL',AC : L .
'� .►'' - ' `'�-� CERTIFIEO'PROFESSIONAL. ENGINEER. DATE:'IIIT'+?�
UlE 60BOIVISICN iNOWN QN THIS PC0 :' .SEAL.
BEES ROT CONTAIN AREAS OF F11Y,AflON1NTAF� -
cbxCERN.AS'DELINEATEDBY?THN NORTH: r'PRIVATS'ROAD :L'ERT1FICA1ION'
CARO.INA COASTAL RE SOAICE,CWOIISSION •,
-.f( IWEI HEAEAT CERTIFY,THAT ALL PpRIVATE BRAD AS_ -
THIS SURVEY CREATFS A 50BOIYISION GF LAND :DEPICTED ON SUBDIVISION PLAT AVENOALE PHWAJ.g;g._
YIITHIR,.TNE ABFJ};OV A;tOUNIY, lIXT16S ANC' ` HAVE BEEN OESICNEO.'INSTALIAID INSPECTED. AI -ID APPROVEq, IN ,
..` ORDINANCE JHATH OIIL"AYES )SARCELS' UY 4JN51.'r %';F:.e°, ACMDANCE YITN ARTICLE 6:OF THE FENDER COUNTY UNJFIEO
DEVELOPMENT ORDINANCE pND ALL APPLICABLE RENDER COUNTY
CDubuES PRIOt i0 F.INAL' PLAT APPROVAL FOAALL CR A PORTION '
e 3F. TNE5$ Mf ORIF,IAACSICNA. AE REGISTj1�s-
A.T,1�0N,ys* DF<lHE SUBDIVISION.
MTAIBEp4 ANO SE °(HIS' DAY. Lf a�c?
C'ERTLFYUIG THE'CUISTRUCTION DFJHESE ROADS AS PRIYATE, '
::TIfERE.ARE ND BIARANTEES OR ASSURANCES OF ACCEPTANCE
U ' �''�' O. SAID ROA05 BY THENOJiiH CAROLINA DEPARTMENT OFp_�
: -�"�• -mot sMux
4
ANDEHSON'GREENE.
FIEO FwjFLb5juNAL hNumm-
1•...:.. :.: EmN56 NUMBER a:- .'' . AU1Ill
!
. .. .. . .
:I:; .. �' DAT
NO
BY
kiii .
CERTIFICATE OF REGISTRATION
BY REGISTER OF DEEDS
NORTH CARQLINA PENDER COUNTY
FILED FOR REGISTRATION ON THE
DAY OF AT IAM/PMI
AND DULY REQORDED IN NAP BOOR_
AT PAGE
Line Table.
-Name Directlon . Length
' Pg 36 L1 N 73.33'25" V 40.18
L2 N 21'53'44" E 2.76
L3 S 16.32'38" W 29.91
L4 N 21°49'43' E 13. 71
' L5 N 711 O'l0" W 26. 96.
L6 N 77'52'34" W 41.00
L7 S 7.10'10" E 8.66
L8 N 7.10'10" W 25.20-
L9 S 7'10'10' E 11.93
L70 S 21°50'23" N 8.53
Lit N 83.32,5628
L123" 7.48
2 S 1502W 94 L13 S 83.3256" W 21.36
L 1 4 S 61.21'39" E 38.73
L15 S 55:21'21" W 27. 12
L 1 6 S 1445'46" W 19.77
L17 N 70.32'36" E 23.03
L18 N 49'33'44" E 26.72
L19 S 84.26'51" E 38.77
L20 S 76'45'47' E 40.20
L21 N 13.14'13" E 24.80
L22 N 81'38'56' W 39.51
L23 N 4°38'06'" W 39.97
L24 S 79'23'16' E 21.44
L25 S 20. 49'37" E 31.35
L26 S 33°16'47" E 28.60
L27 S 10'22'24" N 32.71
L28 S 42'34'0S' E 20.55
L29 S 40.02'52P E .16.68
L30 N 77100'03" E 43.66
L31 N 76. 53'47' E 35.11
L32 N 76-41'09" W 9.52
L33 S 5-02'59" E 23,,0
L34 S 13-28'41. E 16. 04
L35 S 21.50'23" W, 16.48
L36 S 7.10'10" E 346.26
L37 S 83°32'56' W 97.17
L38 S 83.32,56, W 30.00
Curve Table
Aro Chord Tangent Chord
Name. Deltd -Radius Length Length ;Length Direction
C1-` 10 59'18" 340.00 45. 21 65.11 32.10 S 65.31'41" E
C2- 5 1846 370.00' 34.31 34.30 17.17 S 56.47'55" E
63 5°53'31" 340. DO' 34.96 34.95 17.50 S 57°05'17" E
C4- 14°40.'.55" '370. 00 94.81 94.55 47.67 S 66"47'45" E
C5-' 12. 03'15" 250.00 52,60 52.50 26.40 N 0'15'54" E
C6` B9'09'54" :20. DO 31.12 28.08 19.71 N 38.52'13" E
C7�. ;: 22'24'37" 370.06 144.72 143.80 73.30 S 85. 20'31" If
CB 15,29,52, 250.00 67.62 67.42 34.02 N 14.05'27' E
69 11°1.2'36' 89.00 17.41 17.39 8.73 S 10'50'17' W
CIO 23.21'09', 210. 00 85.59 85.00 43.40 N 10'09'49' E
C11.-, 10°16'58" 89.00 15.97 15.95 8.01 S 0105'30" N
. C12 ­15'39'24" 216.00. '20.T3- 20.72 10.3.7 N 4.20'28" W
C13 33°17'65" 50-DO 29.06 26.65 14.95 N 43'39'01' W
C1A 53107'48" 25.00 23.18 22.36 12.50 N 33'44'04" W
CIS 49.36'49 50.00 43.30 41.96 23.11 N 40'18'12" E
CIS '49'13'56" 50.60 42.96 41.65 22.91 N 89.43'35" E
C77 .56'56'58 ' 50.00 49.70 47-68 27.12 S 37.10'58" E
C16 53'67'48' 25.00 23.10 22.36 12.50 5 1.9123'44' W
C19 5044'07" 50.00 47.71 45.92 25.84 S 18137'35" W
C20 13'35'52" 290.00 59.33 59.19 29.81 S 0'22'14" E
C2Y T5°24'41" 25D:O0 67.24 67.04 33.83 S 14108'03." W
-C22 "-1-6'22'41" 340.00 97.19 96.86 48.93 N 75.21'35" E
C23 107'18'05" 20.00 37.46 32.22 27.18 S 56110*59" E
' C94 24'22'20". 210.00 09.33 58.GG 45.35 S 9.39'13" W'
C25 5^01'08'-430.00 37.61 37.66 15.85 S 69.40'49" W
• - C26 16.22'41" 280.00. S0.04 79.77 40.29 S 75°21'35" W
'C27-.. 8149'24' .430.00. 66.22 66.15 - 33.18 S 76.36'05" W
C28. a-49124" 439•00: 66.22 66.15 33.18 S 85'25.'30" W
. C29 8'49'24'� 430.00 66.22 66.15 33.18 N 85.45'06' W
'C30 ' 8149'24" 430.60 66.22 66.15 33.18 N 76.55'42" N
C31 8"49'24" 430.00 66.22 66.15 33.18 N 68'06'11" W
. C32 '81,9'24" 430.00 66.22 66.15 33.18 N 59'16'53" W
.. C33 17'51'4T" 2BO. 00 87.30 86.94 44.DO N 63.04'25" W
'C34 0'43'39' 430.00 5.46 5.46 2.73. N 54'30'21" W
C35- 6'2005" 25.00 2.81 2.81 1.41 S 5.11'59" W
06 42'29,'S1" 50. 00 37.09. 36.24 19.44 N 5°45'08' W
'C37 '21W 03" 1281.26 176.31 176.17 88.29 N 8130'55" E
C38' 6-29'00' 1281.26 144.98 144.90 72.57 N 1°23'25" N
C39 21'29'34" 69.00 .33.31 13.19 16.89 S 5'41'48" M
C46 13°28'O1" 111:00 26.09 26.03 13.11 S 1°41'01' N
CA 17^05'22" 1281:26: 389.15 380.74 192.51 N 3.54'46' E
.C42 35, 19106 2j0.00 141.78 139.54 73.22 S 4'1D'50i W
C43 .- 29100'33" 230.00 116.45 115.21 59.50 S 7.20'07" W
-C44' 17 19'26' 310.00 .93.73 93.37 47.23 N 62°48'15" W
C.45 S8.474.14" 400.00 4Q9.71 392.04 224.87 N 83°29'09" W
C4fi 16 22'.41' ,310. 00 88.61 88.31 44.61 S 75'21'35" W
•., C47 2'5B''44" 370,06. 19.34 19.34 9.67 A 68.40'07" E
MAP. FOR RECORD
FOR
' A V E tom( GAL E
MPH A5-E 4 13 -
TOPSAIL TOWNSHIP FENDER COUNTY. NORTH CAROLINA
OWNER; AVENDALE DEVELOPMENT. LLC DES TONED: JHF
ADDRE9S"PO box 1069 DRAWN: GAG. HA►PSTEAD: NC 28443
LEGEND ,PHONE: 191D1 270-1725
• IROI,REBARSET
' APPROVED: JHF
ES. 19% PIPE. - STROUD ENGINEERING, P.A. DATE: &09✓1a
- IN CONTROL 1ONNENT SET
o. 'COITRDL:PK NAIL SET 102-D CINEMA DRIVE SCALES AS NOTED
WILMINGTON. NORTH CAROLINA 20403
ISIOI 81"775 1910) 1115-40393 FAX SHEET 2 OF - 2
.... W:V4.Mt. \PW-598\a •h\AVFJ90ALE ' s6 ><B mI`t. - .. .. - / ?A /' G/ & 171�"!V' 2
/ J/ A

Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, February 25, 2020 11:27 AM
To: Luke Menius
Cc: [e-mail]
Subject: RE: [External] RE: Permit transfer of Avendale Phase 4
We will need hard copies of everything.
The table you provided does not list the owners; it just states the lot is sold. In order to transfer the permit, 50 percent
of the lots must be sold to homeowners other than a builder. Please provide some documentation on this issue.
Thanks,
Steve
From: Luke Menius <[e-mail]>
Sent: Monday, February 24, 2020 1:33 PM
To: Pusey, Steven <[e-mail]>
Cc: [e-mail]
Subject: [External] RE: Permit transfer of Avendale Phase 4
The record maps for phase 4 are attached. Please let me know if you need hardcopies or these PDFS will suffice.
I inquired about the lot BUA and sales verification in a 1/21 email and you responded that same day with an example of
a table that you preferred. I provided this in a 2/14 email and have attached it again here. Please let me know what else
you need.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven <[e-mail]>
Sent: Monday, February 24, 2020 11:47 AM
To: i1A/fusse1148,-39maiI.com
Cc: Luke Menius <Imeniuz;@stroudeneineer.com>
Subject: Permit transfer of Avendale Phase 4
JW,
One other unresolved issue on the transfer was stated as follows in the request for additional information:
1. For all residential subdivision projects that are developed and being transferred to the HOA/POA:
a. Verification that no lot has exceeded its maximum BUA limit;

b. Copies of the recorded plats to verify lot numbers, lot layout and drainage easement locations.
c. Verification that more than 50% of the lots are sold;
Are you preparing a response on these issues?
Steve
JtELE t'(JC /
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources State Stormwater
Department of Environmental Quality
910 796 7215 office
910 796 7331 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email tc add;-ss if Si!Qj2 i tC
North Ca'-e,ino PUNiC ;;_cords ..a.: mid r,7y b., di::I(),2 ,' Lc oiird ga; — 2S.
AWN
Before printing this email, please consider your budget and the environment.

Burd, Tina J
From:
Burd, Tina J
Sent:
Monday, February 24, 2020 1:32 PM
To:
iwfussel148(d)amail.com; Luke Menius
Subject:
SW8170207 - Avendale Phase IV
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Minor Modification Application fee for the subject project on February 24, 2020. The project has
been assigned to Steven Pusey and you will be notified if additional information is needed. Please be advised that the
construction of built -upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405

Application Completeness Review Checklist (Non -Transfers) - Short Version
Project Name: �t ��� Date Delivered to VORO �2 T/2o
Project County/Location: Zim"'rDE — BIMS Received/Accepted Date-
Rule(s): 017 Coastal 2008 Coasts` 1995 Coastal `~=
Ep dIMS Acdcnowiedged Date , •� a
Pnase #+ MUniversw F11988 Coasta!
Permit Action:
P1ev
Major Mod i orn M / Renewa'
Permit Type: AID eZn_) i LD Overall / HD &LD Combs
Genera+ Permit/ Offsite j Exempt / Rescission
Development Type: Commercial esidential i Othe°
Subdivided?: Subdivision of Single Lot
Pertmittee Type & Documents Needed:
[ZI;q13rooertv Owner(s) Purchase Lessee
MViabi0 Viable' E]Viabie+
Deed EDPurcnase Agmt Elease
Not Subdivided: Deed
Subdivision- Common Area Deed
F•Jew Permit #'
Existin Permit M ` O
LXW8 Zy U 1,7 oz %
rxpnation Date . P.) /A
1:30ffsite to SW8:
Lot is in Master Permit''
PE CErt on hie?
1:1HOA ElDeveioper
viable" ®Viabie
MEiection Minutes
Paperwork
E]Anoiication
rf!5&ee: _M5505 (witt+in bmw Check#"#?:
Supplement' (7 new#orm or for order forms. I orryrriai per .SCM)
DO&M'
ESvils Report (rnfil.or Pp)
1:1Caiculations +signewseaieoi
Teed Restrictions, .i sui7c hided'
Pro;ec: 1darrai ive
EIUSGS lvlao orar file.. Suolectto 5A� Y i N 5ubiect to ORW3
MPian.�, tt: Sets.
EIPE Certificatior.
FlUectronic Cooiec,
Easements Recorded (2017 Rules)
N OTES:
Enter BiMS Acknowiedgeo Date on this Sheer
'For New Projects -Enter New Permit # on Suppiements & Deed Restiction -lempiaies.
'!f w/in 6 months and they are requesting a mod; STOP Needs a renewal first.
EMAILED ENGINEER DATE:
REVIEWER NAME:
Comments:
,3:*Q;';,Rererence Liorarv�Proceoures\Checklists'\Lomoleteness Hev+ew (necKnst_2020 01 31
EIN-D Fee
'v I N

STROUD ENGINEERING, P.A.
102-D Cinema Drip FEB 21 2020
Wilmington, NC 28403
[phone]
TO PGP &a
DATE
JOB NO.
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES
DATE
NO.
DESCRIPTION
j
/ylo r' od
THESE ARE TRANSMITTED as checked t di r IVO �(
M P 40 1
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
199,1FIr.17:61
Pw blb,-r
bmit copies for approval
(it copies for distribution
corrected prints
AFTER LOAN TO US
COPY TO
ff enclosures are not as noted, kindly notify us at once.

S\ STROUD ENGINEERING, PA.
CONSULTING ENGINEERS
102D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
W W W.STROUDENGI NEER.COM
LICENSE NO. C-0647
February 20, 2020
NCDEQ
Attn: Steve Pusey, EI
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Avendale Phase 4
NCDEQ Stormwater Certification
Permit # SW8 170207
Mr. Pusey:
I have observed the subject project periodically throughout its construction and met with the
permittee to conduct a walkthrough of the completed facilities.
The stormwater system has been constructed according to —and is substantially compliant with —
approved plans along with the Design Standards and Schedule of Compliance outlined in the
attached permit, which I am incorporating by reference. Therefore, I am issuing this Certification.
Noted deviations from approved plans and specifications:
I.4. Vegetated conveyances adjacent to homesites under construction will require reestablishment
of vegetation. I observed yards and ditch banks of adjacent completed lots to have been sodded.
II.6. Erosion control measures installed by builders (silt fence and gutter guards) should be
removed upon stabilization of lots.
Thank you for your attention to this matter. Please do not hesitate to contact me should you have
any questions or concerns.
�\ t\ CAI? 0
�Q`OFESs"lpr,!9�:
4� SEAL 9�
• 35677�;;
0. GIPIE
Regards,
David L. Menus, P.E.
Stroud Engineering, PA
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE, NORTH CAROLINA 27858 WILMINGTON, NORTH CAROLINA 28403 MOREHEAD CITY, NORTH CAROLINA 28557
252.756.9352 910.815.0775 252.247.7479

STORMWATER PERMITTING FORM 7:
Standard Permitting Program — No Fee for Minor Modification
Express Permitting Program — See Express Fee Schedule
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc..qovlcontactlregional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification, Pursuant to Rule 15A NCAC 02H .1002 a minor modification is a change to the project that.
1) does not increase the net built -upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL UNFORKIATIOY'
1. State Stormwater Permit Number: SW8 170207
2. Current Permit Holder's Company Name/Organization: Avendale Development, LLC
3. Signing Official's Name: J.W. Fussell
4. Signing Official's Title: Manager
5. Mailing Address: 4345 Bythal Hill Circle
City: Wilmington State: NC ZIP: 28409
6. Street Address (if different):
City:
ZIP:
7. Phone: [phone] Email: iwfusse1148Agmail.com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
A 15" conveyance pipe behind lots 46-51 has been removed and replaced with a 3:1 swale.
S. Si:Bltp'i TTAL REOU'P,EINIE&TS
Please mark "Y" to confirm the items are included with this form. Please mark X" if previously provided. if not
applicable or not available, please mark N/A.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
X 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
X 4. If applicable, the appropriate Express review fee.
tior, Page 1 o` 2 Liy 14, 2017

C. CONTACT !INFOR.PWAT$O 41
1 The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name: David L. Menius, P.E.
Consulting Firm: Stroud Engineering, P.A.
Mailing Address:102-D Cinema Drive
City: Wilmington State: NC Zip: 28403
Phone: [phone] Fax:
Email:: Imenius(a)-stroudengineer.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization: _
Mailing Address:
City:
Phone:
Email:
D. CERTIFICATION OF PiER0A;TTEE
State:
Zip:
Fax: ( )
I, J.W. Fussell, Manager, Avendale Development, LLB , the current permittee, certify that I have
authorized the minor modifications listed in Section A and shown in the attached revised plan sheets. 1 further attest
that this information is accurate and complete to the best of my knowledge.
Signature:
Date:
I, , a Notary Public for the State of
County of do hereby certify that
personally appeared before me this the day of 20 , and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
S os+ziwaiar Perrr i. Form 7: M'r, r M:;&::,ation Page 2 0` 2 C t ��, 2017

Pusey, Steven
From: Pusey, Steven
Sent: Friday, February 14, 2020 3:24 PM
To: Luke Menius;[e-mail]
Subject: RE: [External] Avendale
Attachments: 20200207_120455_resized_1 jpg
We will need your confirmation that this swale will have positive flow from this corner all the way to the wetlands. It
looks like there is a slight rise in the swale preventing the water from flowing over to where it then falls towards the
wetlands. See attached photo.
Steve
-----Original Message -----
From: Luke Menius <[e-mail]>
Sent: Friday, February 14, 2020 3:01 PM
To: Pusey, Steven <[e-mail]>; [e-mail]
Subject: RE: [External] Avendale
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
I'm seeing a backyard grading issue. I'll look at it when I'm out there.
Between Saturday and Wednesday, I've been from Sunset Beach to Jacksonville and with an eye out for drainage the
whole time. I saw puddles standing, ditches backed up, and ponds full. This is to be expected of a 3 inch event.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
-----Original Message ----
From. Pusey, Steven <[e-mail]>
Sent: Friday, February 14, 2020 2:46 PM
To: Luke Menius <[e-mail]>; [e-mail]
Subject: RE: [External] Avendale
Here is another photo showing the back yards. It looks like the runoff is separated by high ground along the fence line.
It appears that the runoff is coming from the houses on Raven Drive. However, is it possible that some of the runoff
comes from the swale from the Phase 4 cul-de-sac?
Steve
-----Original Message----

From: Luke Menius <[e-mail]>
Sent: Friday, February 14, 2020 2:28 PM
To: Pusey, Steven <[e-mail]>; [e-mail]
Subject: RE: [External] Avendale
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Steve,
I'm sure this is a Saturday picture of the effects of the 3+ inches of rain they got on Friday night. The removal of the pipe
has eliminated the condition by which water stages up into the backyards along Raven Drive during the design storm.
This water dissipates in time. I'm pleased it is not rapid/erosive. I will make it a point to schedule my walkthrough
within a day or 2 of a rainfall event and will observe this area. A slow draining conveyance swale is not a violation of any
DEQ permit condition and will not hold up my certification.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
-----Original Message -----
From: Pusey, Steven <[e-mail]>
Sent: Friday, February 14, 2020 2:08 PM
To: [e-mail]; Luke Menius <[e-mail]>
Subject: RE: [External] Avendale
J.W.,
How are things going with the repair work out there?
Also, there is one other item we need to discuss. We received the attached photo, taken by a homeowner after a recent
storm event, showing that the swale is not draining properly. It should be flowing towards the wetlands to the north but
instead is still ponding at the intersection of Phase 4 and Phase 1-3 section. Is there still more work to be done in this
area? It is my understanding that DOT cannot do anything about it so it has to be addressed with the grading through
the Phase 4 section. Please advise.
Regards,
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources State Stormwater Department of Environmental Quality
910 796 7215 office
910 796 7331 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Before printing this email, please consider your budget and the environment.
-----Original Message -----
From: [e-mail] <[e-mail]>
Sent: Thursday, January 23, 2020 10:01 AM
To: Pusey, Steven <[e-mail]>
Subject: [External] Avendale
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: repo rt.spa m @ nc.gov>
Steven,
When you get a chance today, would you give me a call to discuss the above photos.
I just want to make sure I understand and I am on the same page.
Thanks,
J.W. Fussell

Pusey, Steven
From: Luke Menius <Imen [e-mail]>
Sent: Friday, February 14, 2020 2:28 PM
To: Pusey, Steven; [e-mail]
Subject: RE: [External] Avendale
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Steve,
I'm sure this is a Saturday picture of the effects of the 3+ inches of rain they got on Friday night. The removal of the pipe
has eliminated the condition by which water stages up into the backyards along Raven Drive during the design storm.
This water dissipates in time. I'm pleased it is not rapid/erosive. I will make it a point to schedule my walkthrough
within a day or 2 of a rainfall event and will observe this area. A slow draining conveyance swale is not a violation of any
DEQ permit condition and will not hold up my certification.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
----Original Message ----
From: Pusey, Steven <[e-mail]>
Sent: Friday, February 14, 2020 2:08 PM
To: [e-mail]; Luke Menius <[e-mail]>
Subject: RE: [External] Avendale
MR
How are things going with the repair work out there?
Also, there is one other item we need to discuss. We received the attached photo, taken by a homeowner after a recent
storm event, showing that the swale is not draining properly. It should be flowing towards the wetlands to the north but
instead is still ponding at the intersection of Phase 4 and Phase 1-3 section. Is there still more work to be done in this
area? It is my understanding that DOT cannot do anything about it so it has to be addressed with the grading through
the Phase 4 section. Please advise.
Regards,
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources - State Stormwater Department of Environmental Quality
910 796 7215 office

910 796 7331 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
Before printing this email, please consider your budget and the environment.
-----Original Message -----
From: [e-mail] <[e-mail]>
Sent: Thursday, January 23, 2020 10:01 AM
To: Pusey, Steven <[e-mail]>
Subject: [External] Avendale
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Steven,
When you get a chance today, would you give me a call to discuss the above photos.
I just want to make sure I understand and I am on the same page.
Thanks,
J.W. Fussell

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STROUD ENGINEERING, P.A.
102-D Cinema Drive
WiImin0on, NC 28403--
I--I U C
[phone] FED 14, 2020
4- TO n I G p L ,Cl c - �---
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DATE ^ I • �&0� JOB NO. u
ATTENTION yJ
L.Ae 4
RE:
D ?O 'Z
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
,,
1.,p �- TO L
2.
ems:
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
IVAiri/:1:1:6y
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
!f enclosures are not as noted, kindly notify us at once.

STATE STORMWATER LOT SUMMARY
1of2
PRO.;ECT NAME:
AVENDALE PHASE 4
PERMIT NUMBER:
SW8170207
DATE:
2/14/2020
RECORD MAP
DEED RESTRICTION
OWNED BY
PERMITTED
ACTUAL
LOT#
PHASE
SECTION
BOOK/PAGE
BOOK/PAGE
PERMITTEE
SOLD
BUA
BUA
24
4A
1
59/60
4621/2195
N
Y
4000
<4000
25
4A
1
59/60
4621/2195
N
Y
4000
<4000
26
4A
1
59/60
4621/2195
N
Y
4000
<4000
154
4A
1
59/60
4621/2195
N
Y
4000
<4000
155
4A
1
59/60
4621/2195
N
Y
4000
<4000
156
4A
1
59/60
4621/2195
N
Y
4000
<4000
157
4A
1
59/60
4621/2195
N
Y
4000
<4000
158
4A
1
59/60
4621/2195
N
Y
4000
<4000
159
4A
1
59/60
4621/2195
N
Y
4000
<4000
160
4A
1
59/60
4621/2195
N
Y
4000
<4000
161
4A
1
59/60
4621/2195
N
Y
4000
<4000
162
4A
1
59/60
4621/2195
N
Y
4000
<4000
163
4A
1
59/60
4621/2195
N
Y
4000
<4000
164
4A
1
59/60
4621/2195
N
Y
4000
<4000
165
4A
1
59/60
4621/2195
N
Y
4000
<4000
27
4A
2
59/78
4624/1626
N
Y
4000
<4000
28
4A
2
59/78
4624/1626
N
Y
4000
<4000
29
4A
2
59/78
4624/1626
N
Y
4000
<4000
30
4A
2
59/78
4624/1626
N
Y
4000
<4000
31
4A
2
59/78
4624/1626
N
Y
4000
<4000
32
4A
2
59/78
4624/1626
N
Y
4000
<4000
146
4A
2
59/78
4624/1626
N
Y
4000
<4000
147
4A
2
59/78
4624/1626
N
Y
4000
<4000
148
4A
2
59/78
4624/1626
N
Y
4000
<4000
149
4A
2
59/78
4624/1626
N
Y
4000
<4000
150
4A
2
59/78
4624/1626
N
Y
4000
<4000
1.51
4A
2
59/78
4624/1626
N
Y
4000
<4000
152
4A
2
59/78
4624/1626
N
Y
4000
<4000
153
4A
2
59/78
4624/1626
N
Y
4000
<4000
166
4A
2
59/78
4624/1626
N
Y
4000
<4000
ECEI='.
FEB 14
BY:

STATE STORMWATER LOT SUMMARY 2 of 2
PROJECT NAME: AVENDALE PHASE 4
PERMIT NUMBER: SW8170207
DATE: 2/14/2020
RECORD MAP
DEED RESTRICTION
OWNED BY
PERMITTED
ACTUAL
LOT#
PHASE
SECTION BOOK/PAGE
BOOK/PAGE
PERM]TTEE
SOLD
BUA
BUA
33
4B
63/35-36
4675/2337
N
Y
4000
<4000
34
4B
63/35-36
4675/2337
N
Y
4000
<4000
35
4B
63/35-36
4675/2337
N
Y
4000
<4000
36
4B
63/35-36
4675/2337
N
Y
4000
<4000
37
4B
63/35-36
4675/2337
N
Y
4000
<4000
38
4B
63/35-36
4675/2337
N
Y
4000
<4000
39
4B
63/35-36
4675/2337
N
Y
4000
<4000
40
4B
63/35-36
4675/2337
N
Y
4000
<4000
41
4B
63/35-36
4675/2337
N
Y
4000
<4000
42
4B
63/35-36
4675/2337
N
Y
4000
<4000
43
4B
63/35-36
4675/2337
N
Y
4000
<4000
44
4B
63/35-36
4675/2337
N
Y
4000
<4000
45
4B
63/35-36
4675/2337
N
Y
4000
<4000
46
4B
63/35-36
4675/2337
N
Y
4000
<4�100
47
4B
63/35-36
4675/2337
N
Y
4000
<4000
48
4B
63/35-36
4675/2337
N
Y
4000
<4000
49
4B
63/35-36
4675/2337
N
Y
4000
<4000
50
4B
63/35-36
4675/2337
N
Y
4000
<4000
51
4B
63/35-36
4675/2337
N
Y
4000
<4000
52
4B
63/35-36
4675/2337
N
Y
4000
<4000
53
4B
63/35-36
4675/2337
N
Y
4000
<4000
54
4B
63/35-36
4675/2337
N
Y
4000
<4000
55
4B
63/35-36
4675/2337
N
Y
4000
<4000
56
4B
63/35-36
4675/2337
N
Y
4000
<4000
57
4B
63/35-36
4675/2337
N
Y
4000
<4000
58
4B
63/35-36
4675/2337
N
Y
4000
<4000
142
4B
63/35-36
4675/2337
N
Y
4000
<4000
143
4B
63/35-36
4675/2337
N
Y
4000
<4000
144
4B
63/35-36
4675/2337
N
Y
4000
<4000
145
4B
63/35-36
4675/2337
N
Y
4000
<4000
TOTAL LOTS IN PHASE 4: 60
% OWNED BY PERMITTEE: 0%
% SOLD: 100%
ECEIV7.
FEB 14 20 �

STROUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
119UTEQ &F 4MMMUMIL
[phone]
TO
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
DATE I� � i�
JOB No
ATTENTI
RE:
v o0
❑ Attached ❑ Under separate cover via the following items:
❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Change order ❑
COPIES
DATE
NO.
`DESCRIPTION
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FOR BIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED
if enclosures are not as noted, kindly nobly us at once.

SOSID: 1517483
Date Filed: 9/30/2019 11:53:00 AM
Elaine F. Marshall
STATE OF NORTH CAROLINA North Carolina Secretary of State
DEPARTMENT OF THE SECRETARY OF STAT C2019 260 00717
STATEMENT OF CHANGE OF REGISTERED
OFFICE 11 ND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
fT+l TlON CURRENTLY ON Fi4E
The name of the entity is: Avendale Phase 4 HOA Inc.
The street address and county of the entity's registered office currently on file is:
Number and Street:4345 Bythai Hill Circle
City: Wilmington
State: NC Zip Code: 28409
County. New Hanover
The mailing address if different from the street address of the registered office currently on file is:
Number and Street:
City:
State: N_Q Zip Code:
The name of the current registered agent is: J W Fussell
TG�iitJ�l,TIb'NTi�
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 395 Avendale Dr
City: Rocky Point
State: NC Zip Code: 28457
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered offlee is being changed)
Number and Street:
City:
State: NC Zip Code:
County:
County:
Pender.
County: nG C I E t.
3. The name of the new.registered agent and the new agent's consent to appointment appears below:
(complete this item only tf the name of the registered agent is being changed)
Whitney Ledford'
Type or Print Name of New Agent
* Signature & Title
NOV 0 7 2019°
4. The address of the entity's registered office and the address of the business office of its registered agent, as. changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the 12 nay of September , 2019 Avejld#lp Ppase I H�Onc
V Sign4ture .
Whitney Ledford, Secretary / Treasurer
Notcs: Filing fee is $5.00. This document must he filed with the Secretary of State. Type or Print Name and Title
* instead of signing here, the nesv registered agent may sign a separate written consent to the appointment, which must he attached to this statement.
BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised July 2017 Form BE-06

BK 4690 PG 278 - 280 (3) . DOC# 20052061
This Document eRecorded: 07/29/2019 11:42:25 AM
Fee: $26.00 DocType: DEED Tax: $0:00
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
CI:
NOY 0 7 2019
QUITCLAIM DEED
An-LA-1 A vIt1VEY rXArAKMG THIS INSTRUMENT HAS MADE NO RECORD SEARCH OR
TITLE EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED.
Mail after recording to: This instrument was prepared by:
Avendale Phase 4 HOA, Inc. F. Darryl Mills, PLLC
4345 Bythal Hill Circle PO Box 216
Wihnington, NC 28409 Wrightsville Beach, NC 28480
19-001
Brief description for the Index: Common Areas/open Spaces - Avendale Phase 4B,
Avendale Phase 4B Private Roads Map Book 63, Page 3 5; and Avendale Phase 4A Sections 1
and 2 Private Roads Map Boob 59, Pages 60 and 78
Parcel No: 3273-16-1.901-0000; 3273-06-8634-0000; and 3273-16-6038-0000
Rev: $0.00-
STATE OF NORTH CAROLINA
COUNTY OF PENDER
THIS DEED made this 26th day of July, 2019 by and between AVENDALE
DEVELOPMENT, LLC, a North Caro na Limited Liability Company, 4345 Bythal Hill
Circle, Wilmington., NC 28409, hereafter GRANTOR, and AVENDALE PHASE 4 HOA,
INC., 4345 Bythal Hill Circle, Wilmington, NC 28409, hereafter GRANTEE. The designation
Grantor and Grantee as used herein shall include said parties, their heirs,. successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
That said Grantors, for and in consideration of the sum of Ten ($10.00) Dollars and other good
and valuable consideration to them in hand paid, the receipt of which is hereby acknowledged,
have remised and released and by these presents do remise, release, convey and forever
.quitclaim unto the Grantees and their heirs and/or successors and assigns all right, title, claim
submitted electronically by "F. Darryl Mills, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds.

BK 4690 PG 279 DOC# 20052061
and interest of the Grantors in and to a certain tract or parcel of land lying and being in Pender
County, State of North Carolina, and more particularly described as follows:
Tract 1: BEING the common area designated as "Open Space/Common Area
110862 Sq, Ft. 2.55 ac." on the plat of AVENDALE PHASE 4B recorded in Map
Book 63, Page 35, of the Pender County Registry, reference to said map is made
for a t oore particular description of same.
Tract 2: BEING the Private. Roads (Avendale Drive and St. Lawrence Drive)
shown on the plat of AVENDALE PHASE 4B recorded in Map Book 63, Page
35, .of the Pender County Registry, reference to said map is made for a more
particular description of same.
Tract 3: BEING the Private Roads (Maxwell Drive and Avendale Drive) shown
on the plat of AVENDALE PHASE 4A, Section 1 recorded in Map Book 59,
Page 60, of the Pender County Registry, reference to said map is made for a more
particular description of sEune.
Tract 4: BEING the Private Roads (Avendale Drive and Buchanan Court) shown
on the plat of AVENDALE, PHASE 4A, Section 2 recorded in Map Book 59,
Page 78 of the Pender County Registry, reference to said map is made for a more
particular description of same.
The property hereinabove described property was acquired by Grantor by deed recorded
in Book 2994, Page 157, Pender County Registry, North Carolina. The preparer of this
instrument has been informed that property described above does not include the primary
residence of the grantor, but no independent verification has been made and none is represented
herein.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges
thereunto belonging to him, the Grantee and his heirs and/or successors and assigns, free and
discharged from all right, title, claim., or interest of Grantors or anyone claiming by, through, or
under them.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and
year first above written.
AVENDALE DEVELOPMENT, LLC,
A North Carolina L' 'ted 'ability Company
r By: <.. �""� (SEAL)
J. Fussell, anager

BK 4690 PG 280
DOC# 20052061
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Tracy Wilson, a Notary Public of the County of Brunswick and State aforesaid, do
hereby certify that J. W. FUSSELL personally appeared before me this day and acknowledged
that he is Manager of AVENDAI.E DEVELOPMENT, LLC, and acknowledged on behalf of
AVENDALE DEVELOPMENT, LLC, the due execution of the foregoing instrument for the
purposes therein expressed.
WITNESS my hand and official stamp or seal, this the QIq-1kday of July, 2019.
My Commission Expires:
June 2, 2021
(AFFIX NOTARIAL SEAL)
Tracy�Wilson-,Notary Public
NOV 0 7 2019

Doc No: 20043440
Recorded: 12/11/2018 11:16:41 AM
Fee Amt: $25.00 Page 1 of 14
Pander County North Carolina
Sharon Lear Willoughby, Register of Deeds
13K 4675 PG 2337 - 2360 (14)
fleceivE.
NOV O 7 2019
BY: _
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF PENDER AVENDALE, PHASE 4B
THIS DECLARATION, made • on the date -hereinafter set forth by AVENDALE
DEVELOPMENT, LLC, hereinafter referred to as "Declarant" or "Developer".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Pender County, North Carolina,
which is more particularly described as AVENDALE, PHASE 4B, as shown on map of same
recorded in Map Book 63, at Pages 35-36, in the PENDER County Registry (hereinafter sometimes
referred to as "AVENDALE, PHASE 413").
NOW, THEREFORE, Declarant hereby declares that all ofthe properties, including all lots,
described above shall be held, sold and conveyed subject to the following easements, restrictions,
covenants and conditions, which = for the purpose of protecting the value and desirability of, and
which shall run with, the real property and be binding on all parties having any right, title or interest
in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section I. "Association" shall mean and refer to AVENDALE PHASE 4 HOA, INC.,. or
its successors and assigns, a non-profit corporation formed or to be formed by the Declarant
primarily as an association for the lot owners of AVENDALE, PHASE 4. In the event that the
Association merges with Avendale Owners Association, then the OWNERS shall be members of
Avendale Owners Association and therefore "Association" shall mean and refer to Avendale
Owners Association.
Section . "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is a part ofthe Properties, including contract sellers,
but excluding those having such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinbefore
descnibed, known as AVENDALE, PHASE 4B, and/or such additions thereto as may hereafter be
brought within the jurisdiction ofthe Association.
Section 4. "Common Area/Open Space" shall mean all real property, if any, (including the
improvements thereto) owned or maintained (subject to the authority of the Declarant) by the
Association for the common use, benefit and enjoyment of the owners. The Common Area/Open
Space to be owned or maintained by the Association will be shown on a recorded plat recorded in
the Pender County Registry. Common areas shall include all roads and streets within the Properties.
Section 5. "Lot" shall mean and refer to those enumerated parcels of land upon which only
single family residences may be built as shown upon that map recorded in Map Book 63, at Pages
35-36, in the Pender County Registry and any other recorded subdivision map ofthe Properties. As
used herein, "Lot" does not include "Common Area/Open Space".
Prepared by/Return: F. Darryl Mills
V

Bk 4M
Pg 2338
Section 6. "Declarant" or "Developer" shall mean and refer to AVENDALE
DEVELOPMENT, LLC, its successors and assigns if such successors or assigns should acquire more
than one undeveloped Lot from the Declarant or Developer for the purpose of development.
"Undeveloped Lot" shall mean a lot which has not been subdivided or platted for sale or building
purposes.
Section 7. "Subdivision" shall refer to AVENDALE, PHASE 4B, the map of which is
recorded in Book 63, at Pages 35-36, in the Pender County Registry.
Section 8. "Declaration" or "Restrictions" shall mean and refer to this Declaration of
Covenants, Conditions and Restrictions, AVENDALE, PHASE 4B, recorded in Book 63, at Pages
35-36, in the Pender County Registry, and all duly adopted amendments thereto.
ARTICLE H
PROPERTY RIGHTS
Section 1 Owners' Easements of Enjoyment. Every owner shall have a right and easement
of enjoyment in and to the Common Area/Open Space (if any) which shall be appurtenant to and
shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to suspend the voting rights and right to use of the
Common Area/Open Space by an owner for any period during which any assessment against his Lot
remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and
regulations;
(b) the right of the Association to dedicate or transfer all or any part of the Common
Area/Open Space to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the members. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) vote ofthe
members of the Association has been recorded;
® due to noise concerns, safety, liability and property damage reasons, no motorized,
gas or electric vehicles, including dirt bikes and all terrain vehicles (ATV's) are permitted on the
Common Area/Open Space or grounds of the properties. Only maintenance equipment needed to
maintain the grounds are exempt from this rule.
(d) the rights of the Declarant as set forth herein.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws,
his right of enjoyment to the Common Area/Open Space the members of his family, his tenants, or
contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessment shall be a member of the
Association. Membership.shall be appurtenant to and may not be separated from ownership of any
Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
1 ss A. Class A members shall be all Owners, with the exception ofthe Declarant,
and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in no event shall more than one vote be
cast with respect to any Lot.

Class B. The Class B member(s) shall be the Declarant and shall be entitled to three
(3) votes for each Lot owned. The Class B membership shall cease and be converted
to Class A membership on the happening of either ofthe following events, whichever
occurs earlier:
(a) when the total vote outstanding in the Class A membership equals
the total votes outstanding in the Class 13 membership, or
(b) on December 31, 2027.
Section . Management of the affairs of the Association shall be the right and responsibility
of its Board of Directors in accordance with this Declaration and the By -Laws, PROVIDED,
HOWEVER, that any powers and duties exercised by the Board of Directors shall not affect, reduce
or impair the authority or power of the Declarant to exercise its rights as developer, including, but
not limited to, matters pertaining to planning, drainage, grading, subdivision plans and architectural
control.
ARTICLE IV
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant,
for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and collected as
hereinafter provided and (3) such other assessments or charges as the Declarant or the Board of
Directors shall determine, including penalties for late payments. The annual and special
assessments, together with fines, penalties, interest, costs and reasonable attorney's fees as
determined by the Declarant or Association, shall be a charge on the land and shall be a continuing
lien upon the property against which each such assessment is made. Each such assessment, together
with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person
who was the Owner of such property at the time when the assessment fell due. The personal
obligation for delinquent assessments shall not pass to his successors in title unless expressly
assumed by them.
Section 2. Purpose of Assessments. The assessments leviedby the Association shall be used
exclusively to promote the health, safety and welfare of the residents in the Properties and for the
improvement and maintenance of all streets and roads, easements, utilities and the Common
Area/Open Space, specifically including, but not limited to, the maintenance, repair and replacement
ofutility easements, stormwater drainage facilities and easements, delegated to the Association by
the Declarant, and maintenance and repair of all other utility facilities and utility equipment not
otherwise maintained and repaired by municipal, public or private utility authorities or by the
Declarant. The assessments shall also be used for the maintenance and operation of all lighting
facilities, if any, maintenance and repair of any amenities located upon the Common Area/Open
Space, if any, maintenance of the entrance area and subdivision sign, the costs of enforcing this
Declaration, and the payment of all other expenses associated with the Common Area/Open Space,
including the prompt and full payment of all ad valorem property taxes and insurance for said
Common Area/Open Space. In addition, the assessments shall also be used for doing any other
thing(s) necessary or desirable in the opinion of the Association to keep the property in neat and
good order, and to provide for the health, welfare and safety of the Owners and residents of
AVENDALE, PHASE 4B SUBDIVISION.
Section 3. Annual Assessment. A lot shall not be subj ectto annual assessments until the lot
is sold by the Declarant.
(a) The maximum annual assessment may be increased each year not more than 5%
above the maximum assessment for the previous year without a vote of the membership.
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Bk 4675
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(b) The maximum annual assessment maybe increased above 5% only by avote of two-
thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly
called for this purpose.
® The Board of Directors may fix the annual assessment at an amount not in excess of
the maximum as desired.
(d) Notwithstanding any language to the contrary, Declarant shall not be liable for the
payment of any assessments, annual or special.
Section 4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a capital improvement upon the Common
Area/Open Space, including fixtures and personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are
voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Insurance. The Board of Directors, on behalf of the Association, as a common
expense, shall at all times keep the property, if any, of the Association insured against loss or damage
by fire or other hazards and other such risks, including, but not limited to, directors' liability and
public liability insurance, upon such terms and for such amounts as may be reasonably necessary
from time to time to protect the Properties and Common Area/Open Space, which insurance shall
be payable in case of loss to the Association for all members. The Association shall have the sole
authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained
without prejudice to the right of each member to insure his personal property for his own benefit at
his own expense. In no event shall the insurance coverage obtained by the Association be brought
into contribution with insurance purchased by members or their mortgagees. An individual lot
owner's liability for damage to the Common Area/Open Space shall not be absolute, but rather only
that determined in accordance with North Carolina law.
Section 6. Insurance Assessments. All insurance policy premiums on the Common
Area/Open Space for the benefit of the Association purchased by the Board of Directors or its
designee and any deductibles payable by the Association upon loss shall be a common expense, and
the Association shall levy against the Owners equally as an additional annual assessment, (herein
called "Insurance Assessment") which shall be in addition to the amounts provided for under Section
3 above, an amount sufficient to pay the annual cost of all such insurance premiums.
Section 7. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written
notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4
shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting.
At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent
(60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half ('/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than 60 days following the preceding
meeting. No provision in this Section 7 shall operate to prevent the Declarant from enjoying and
exercising the rights set forth in Article III above.
Section 8. Uniform Rate ofAssessment. Both annual and special assessments must be fixed
at a uniform rate for all Lots.
Section 9. Amount of Annual Assessments: Due Dates. The Board of Directors shall fix
the amount of the annual assessment against each Lot at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual assessment shall be sent to every Owner
subject thereto. The due dates shall be established by the Board ofDirectors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association
setting forth whether the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments on a lot is binding upon the Association

Bk 4675
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as of the date of its issuance. Notwithstanding any language to the contrary herein, as long as the
Developer is actively developing AVENDALE, PHASE 4B and is primarily responsible for the
maintenance ofthe Common Area/Open Space thenthe Developermay, in its sole discretion, choose
not to levy or assess any lots for assessments.
Section 10. Effect of Nonnavment of Assessments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest from the due date
at the maximum legal rate in effect when due along with such other penalties, fines, costs, expenses
and attorney's fees as determined by the Declarant orBoard of Directors. The Association may bring
an action at law against the Owner personally obligated to pay the same, or foreclose the lien against
the property. No owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the Common Area/Open Space or abandonment of his Lot. Failure to pay
assessments does not constitute a default under any insured mortgage owed by an Owner.
Section 11. Subordination of the Lien to MortQaees. The lien of the assessments provided
for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not
affectthe assessment lien. However, the sale or transfer of any Lotpursuant to mortgage foreclosure
or any proceeding in lieu thereof; shall extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for
any assessments thereafter becoming due or from the lien thereof Mortgagees are not required to
coilect assessments.
Section 12. Maintenance by Association. The Association shall be responsible f 'A
maintaining, repairing and replacing all areas, facilities, easements and other matters referred to NOV 0 7 20 W
' J"
Article IV, Section 2 above as may be directed or assigned by the Declarant.
Section 13. The Association formed pursuant to this Declaration shall becompy.,
responsible for the stormwater management of &e properties at such time as requested by the
Declarant/Developer. At such time the Association shall sign such documentation as may be
requested or required by the State of North Carolina Department of Environmental and
Natural Resources, Division of Water Quality, including but not limited to a stormwater
managementpermit application, a Curb OutletSystem Supplement, PermitNamelOwnership
Change Form. In addition, the Association shall enter into any other agreements or
documentation required by the State of North Carolina or any agency or department
thereunder as well as any agency or department of the County of Pender. Any person or
entity purchasing a lot in this subdivision shall be subject to and shall be deemed to have
agreed to comply with and cooperate with the requirements herein. All covenants relating to
dormwater management in AVENDALE, PHASE 4B Subdivision may not be revised without
the concurrence of the Division of Water Quality.
Section 14. S�reer,g and Roads. Cost of maintenance, repair and replacement of the private
streets and roads will be assessed by the Association, equal to all the lot owners in Phase 4B. No
representation is made that construction ofthese private roads is or will be sufficient to be included
in the state secondary road system or the Pender County of State of North Carolina will eventually
assume maintenance of these private streets and roads. Notwithstanding the foregoing, Declarant
reserves the right, but not the obligation, to dedicate any or all ofthe roads to Pender County or the
State of North Carolina.
ARTICLE V
ARCHITECTURAL CONTROL
'Section 1. The Declarant shall have all architectural control over all improvements of any
type constructed an any Lot as long as Declarant owns lots in PHASE 4B as set forth in Article III
hereinabove. Thereafter, no dwelling, residence, building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change
or alteration therein be made until the plans and specifications showing the nature, kind, shape,
height, 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
the Declarant, or its designee, or if applicable, the Board of Directors of the Association, or by an
5

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architectural committee composed of three (3) or more representatives appointed by the Board. In
the event said Board, or its designated committee, fails to approve or disapprove such design and
location within thirty (30) days after said plans and specifications have been submitted to it, approval
will not be required and this Article will be deemed to have been fully complied with provided that
such addition, construction or alteration is in conformity with the overall plan, design and appearance
of AVENDALE, PHASE 4B SUBDIVISION, in general. Non -approval of any such plans, location
or specification may be based upon any reasonable ground that in the discretion of the Declarant or
Architectural Control Committee shall be deemed as inconsistent with the general development and
the standards of quality of said subdivision and is materially detrimental to the value of the
subdivided lots in said subdivision. One copy of all plans and related data shall be furnished to the
Declarant or Architectural Control Committee, as the case may be, for its records. Neither the
Declarant nor the Architectural Control Committee shall be responsible for any structural or other
defects in plans and specifications submitted to it or any structure erected according to such plans
and specifications.
Section 2. Developer's Rights. Notwithstanding any language or provision to the contrary,
all duties and responsibilities conferred upon the Board of the Architectural Control Committee by
this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant
or its designee, so long as Declarant shall own any lot in the Properties or any additions annexed
thereto by Supplemental Declaration or Amendment to this Declaration. Declarant reserves all
rights as to planning, installation and construction of all matters concerning grading and drainage
and all matters involving or pertaining to engineering and architectural matters. In addition, the
Declarant shall have sole authority as to matters requiring compliance or adherence to state or county
planning, land use, drainage and stormwater requirements or regulations.
Section 3. Approval of Plans:
A. No house plans will be approved unless the proposed house shall have a minimum
of 1,100 square feet of finished (heated)area as defined by the National Association of Home
Builders Accredited Standard Committee's Proposed Standards Approved Sept. 30,1995. The term
"enclosed dwelling area" as used in the minimum requirements shall be the total enclosed areawithin
a dwelling; provided, however, that such term does not include garages, terraces, decks, open
porches and like areas.
B. The exterior of all houses and other structures must be completed within twelve (12)
months after the construction of same shall have commenced, except where such completion is
impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national
emergency, or natural calamities.
C. No improvement shall be erected, altered, placed upon, or permitted to remain on any
lot other than one detached single family dwelling and garage or garages (whether attached or
detached to the dwelling). No detached garage shall be more than one story in height and shall never
be used for living quarters of any kind, either for guests, members of the family or servants, and the
construction or maintenance of so-called "garage -apartments" on any lot is expressly prohibited.
Storage and utility buildings, in conformity with the dwelling constructed on said lot, may be
allowed only with the express written consent of the Developer.
ARTICLE VI
EASEMENTS
Section 1. Easements are reserved and may begrantedby Declarant (ortheAssociation, once
the Declarant has assigned or transferred management and control of the Association to the owners)
as necessary in the Common Area/Open Space for installation and maintenance of underground
utilities and drainage facilities.

Sk 4M
Pg 2343
Section 2. 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/Open Space in the performance of their duties.
Section 3. In case of an emergency originating in or threatening any jot or the Common
Arpe/Open Space and facilities, regardless of whether any Lot Owner is present at the time of such
emergency, the Board of Directors, or any other person authorized by it, shall have the right to enter
upon any lot for the purpose of remedying or abating the causes of such emergency and making any
other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate.
Section 4. The Declarant reserves unto itself, its successors and assigns, a perpetual,
alienable and releasable easement and right on, over and under the ground with men and equipment
to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits,
sewers, water mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveniences or utilities on, in, or over each
lot and such other areas as are shown on the plat ofthe Properties recorded or to be recorded in the
office of the Register of Deeds of Pender County; provided further, that the Declarant may out drain
ways for surface water whenever such action may appear to the Developer to be necessary in order
to maintain reasonable standards of health, safety and appearance. These easements and rights ■ '`4
expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to ECE■ E^•
take any other similar action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance. It further reserves the right NOV 0 7 2019
to locate wells, pumping stations, and tanks within residential areas, or on any residential lot now
or subsequently designated for such use or to locate same upon any lot with the permission of the BY:
owner of such lot. Such rights may be exercised by any licen.9ee of the Declarant, but this
reservation shall not be considered an obligation of the Declarant to provide or maintain any such
utility or service.
Section 5. The Declarant reserves unto itself, its successors and assigns, the right to subject
the real property in this Subdivision to a contract with Four County Electric for the installation of
street lighting, which contract requires a continuing monthly payment to Pour County Electric by
each residential customer for street lighting service.
Section 6. All easements and rights described herein are easements appurtenant, running
with the land, and shall inure 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 this Declaration.
ARTICLE VU
DRAINAGE EASEMENTS
The following classification system shall apply to all drainage easements shown on all maps
ofAVENDALE, PHASE 4B. Basedupon the classification of each easement, it shall be maintained
as explained hereinbelow either principally by the homeowners association or by the individual lot
owners._ There shall be two (2) classes of drainage easements to be known as: CLASS 1 and CLAS S
2.
CLASS 1: CLASS 1 denotes a drainage easement that shall be maintained exclusively by
the Owners Association ("Association"). The Association shall be responsible for all maintenance,
repair and replacement of all CLASS 1 drainage easements identified on the recorded plats or maps
of AVENDALE, PHASE 4B. Notwithstanding, each individual lot owner shall have the personal
responsibility to refrain from taking any action or doing anything of any nature whatsoever which
impairs or damages the location, size, utility, function or the appearance of each such CLASS 1
drainage easement. Nothing herein is intended to prevent or prohibit individual lot owners from
taking actions to maintain the appearance, such as mowing or cleaning, of CLASS 1 drainage
easements.

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CLASS 2: CLASS 2 denotes a drainage easement that is typically nothing more than a swale.
The portion of any such swale located on any lot shall be maintained by that individual lot owner
which shall include mowing it, keeping it clean of trash and debris and otherwise taking the steps
reasonably necessary to ensure that the drainage easement operates properly and is not impaired in
any way. Notwithstanding, ifthe CLASS 2 drainage easement in question lies within a subdivision
which is being managed by an Owners Association then the Owners Association shall be responsible
exclusively for maintaining the proper depth (and nothing else unless the Association agrees to
do so) of all such CLASS 2 drainage easements.
ARTICLE VIII
UTILITIES
Section 1. Water Service. Water service for AVENDALE, PHASE 4B shall be provided by
Pender County. No lot owner may drill or otherwise construct a water well on any lot in
AVENDALE, PHASE 4B or use any other source of water supply for household use, except for
irrigation purposes, and then only with the consent of Pender County. All charges for water service
will be the responsibility of each individual lot owner.
Section 2. Sewer Service. Sewer service for AVENDALE, PHASE 4B shall be provided
by AQUA. No lot owner may construct or install a sewage disposal system on anylot in the
AVENDALE, PHASE 4B, withoutthe express consent ofthe appropriate agency of Pender County.
All charges for sewer service will be the responsibility of each individual lot owner and paid to
AQUA_ at their present rate.
ARTICLE IX
FIDELITY BONDS
Section 1. General. The Association shall maintain blanket fidelity bonds for all officers,
directors, employees and all other persons handling or responsible for funds of the Association. If
the Association shall delegate some or all of the responsibility for the handling of its funds to a
management agent, such fidelity bonds shall be maintained by such management agent for its
officers, employees and agents handling or responsible for funds of or administered on behalf ofthe
Association.
Section 2. Amount of Coverage. The total amount of fidelity bond coverage required shall
be based upon best business judgment and shall not be less than the estimated maximum of funds,
including reserve funds, in the custody of the Association or the management agent, as the case may
be, at any given time during the term of each bond. However, in no event may the aggregate amount
of such bonds be less than a sum equal to three months aggregate assessments on all lots plus reserve
funds.
Section 3. Other Requirements. Fidelity bonds required herein must meet the following
requirements:
a. Fidelity bonds shall name the Association as an obligee.
b. The bonds shall contain waivers by the issuers of the bonds of all defenses based
upon the exclusion of persons serving without compensation from the definition of
"employees", or similar terms or expressions.
C. The premiums on all bonds required herein for the Association (except for premiums
on fidelity bonds maintained by a management agent for its otiicers, employees and
agents) shall be paid by the Association as a common expense.
d. The bonds shall provide that they may not be canceled or substantially modified
(including cancellation fornon-payment ofpremium) without at least thirty (30) days
prior written notice to the Association, to any insurance trustee and each Eligible
Mortgage Holder.

ARTICLE X
GENERAL RESTRICTIONS
. Section 1. Only single family residences shall be constructed on any lot, except as
specificaiiy provided here. Front setbacks, rear setbacks and side setbacks shall be as shown on the
recorded plat. However, if the owner of two or more adjoining lots shall elect to use them for one
residence, the common boundary line or lines between the lots so used shall not be regarded as side
boundary lines of the lots. Provided, that detached garages or approved storage or utility buildings
may be constructed no nearer than 5 feet to the side or rear lines of any lot, provided, however, that
no such structure or improvement shall encroach upon or he located within any easement
shown on a recorded map. In computing the front and side setback distances called for in these
restrictive covenants, measurements shall be from the base or ground level of the building or
structure, and neither the overhang of eaves, not in excess of three feet, nor the establis'nment of
uncovered stoops, patios, decks, or steps within the setback area, shall be considered a violation of
this covenant. Regardless of the set back requirements set forth herein, lot owners shall comply with
the greater ofthe building set back and separation distances established by the Pender County Zoning
and Subdivision Ordinances in effect at the time of construction of a dwelling or those set forth
herein. Only with the written consent of the Developer, the front or side set back distances,
exclusive of recorded map easements, as established by the Developer, herein may be waived or
modified.
Section2. The Developer reserves a 10-foot easement along the front lot line and a 5-foot
easement along each side lot line and rear lot line of all lots in the subdivision for the purpose ofthe
installation and maintenance of water, sewer, gas, electric, cable, telephone or other lines, cables,
conduits, poles, pipes, and other equipmdnt necessary or useful for furnishing electric power, gas,
telephone service or other utilities, including water and sewer service, and for drainage. The 10-foot
easement shall apply to all street frontages on lots having multiple street frotitages. The Developer
reser vms the right to grant encroachment on these easements to utility companies to serve the
subdivision.
Section 3. No culvert or pipe shall be placed in any street or road, ditch or drain unless it in
all respects meets the standards set by the governmental authority having jurisdiction over the same.
No drainways along any lot within the subdivision shall be filled or modified except by the
Developer or at the request of State, Federal or local agencies.
All driveways shall be paved with concrete and if applicable shall be piped with
driveway pipes of not less than 20 feet in length. Should the grade of the lot be more than 30 inches
above the ditch bottom on the yard side of the ditch, the owner of such lot shall bulkhead each end
of the driveway culvert ditch with concrete, bagged sacrete, interlocking block, or brick. No wood
or other materials shall be used in the bulkhead.
Section 4. No commercial trade or activity, or any noxious trade or activity whatsoever, shall
be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an
annoyance or nuisance to other lot owners. In the event yards in the subdivision are not properly
maintained they maybe cleaned by the Developer or Association at the owner's expense. Unsightly,
inoperative junk cats and like eyesores cannot be maintained on any lot or on any street in the
subdivision either prior to or after the dwelling has been erected and any such automobiles may be
removed bythe Developer at the lot owner's expense. This paragraph shall not be deemedto prohibit
or limit in any way, the Developer or any person, company or firm approved by the Developer, from
building houses or other improvements on the subject property and selling same.
Section 5. There shall not be placed or used on any lot any of the following structures:
trailer, mobile home (including double -wide mobile home), tent, shack, garage apartment, barn, any
other out building or any such structure of a permanent or temporary character. No manufactured
homes shall be placed or installed on any lot. However, nothing herein shall be meant to prevent the
construction (with. Developer's consent) of storage and utility buildings. It is the express intention
of the Developer that no trailer or mobile home (including a double -wide mobile home) shall be
allowed on said property.
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Section 6. All buildings, structures and their appurtenances shall be maintained in a suitable
state of repair, and in the event of destruction by fire or other casualty, premises are to be cleared and
debris removed within ninety (90) days from date of such casualty.
Section 7. No animals, other than domesticated dogs, cats or other household pets, may be
kept or housed on any lot. No dogs, cats or other household pets may be kept, bred or maintained
for any commercial purposes, nor may they be kept in such numbers or of such nature as to be or
become a nuisance to adjoining property owners or any residents of the subdivision. Any housing
or shelter constructed for said domesticated dogs or cats shall be screened with fencing (or
otherwise) that shall be approved by Declarant. Animals when not housed shall be on a leash at all
times. A maximum of two (2) dogs, cats or other household pets per lot.
Section g. No lot area shall be used or maintained as a dumping ground for rubbish, trash,
garbage, or other waste, and such materials may not be kept on any lots, except in sanitary con-
tainers. Upon completion of construction of a dwelling, and as a part of the construction, the owner
thereof shall generally landscape his lot so as to be in keeping with the yards of his neighbors. The
front, side and rear yard areas of all dwellings shall be generally smoothed and sodded at all street
fronts. There shall be no mass clearing or stripping of trees from any lot without the written consent
of the Developer. The covenant contained in this Section 8 shall not be construed to prohibit or
prevent a contractor from constructing a residence or other approved improvements so long as said
contractor shall dispose of all debris, unused materials or any other matter in a timely fashion and
dumpsters may be used for this purpose. Dumpsters, construction equipment, excess building
materials, etc. may be stored on vacant lots as well as lots where homes are under construction.
Section 9. No lot as shown on the maps of the subdivision above referred to shall be re -
subdivided unless each part of the subdivided lot becomes a part of another whole lot, except, that
Developer may subdivide any lot, so long as each portion of any such re -subdivided lot meets the
requirements for said lots established by the Pender Zoning Ordinance.
Section 10. No fence shall be erected on any lot nearer the front property or lot line than the
rear corners of the house erected on said lot, and all fences erected shall not exceed six (6) feet in
height and shall be constructed of wood, aluminum, or fiberglass type composition. Provided, no
fencing may be allowed without written approval of Developer. No fence or structure of any kind
shall be placed on utility and drainage easements shown on the recorded map of the AVENDALE,
PHASE 4B, recorded in Map Book 63, at Pages 35-36, of the Pender County Registry.
Section 11. Except for lots upon which are located model homes constructed by builders
approved by the Declarant, no signs of any type or description shall be placed on or displayed on any
residential lot except signs "For Rent" or "For Sale," which signs shall not exceed six square feet in
size. Model homes, including unrestricted signage, may remain in use as models as long as there are
lots available for sale in said subdivision. Notwithstanding any language to the contrary, builders
may erect in Common Area/Open Space temporary directional signs or signage not larger than thirty-
six (36) square feet in size.
Section 12. No boat, motor boat, camper, trailer, school bus, motor home, mobile home,
truck rated over one (1) ton, or other vehicle similar to any of the same shall be permitted to remain
on any lot, or in any parking space on or adjacent to any lot, unless written permission for the same
is first obtained from the Declarant or unless the same is properly stored in an enclosed area behind
a wooden fence which must be first approved by the Declarant and built in accordance with this
Declaration with a minimum height of six (6) feet. No motorized, gas or electric, motor bikes or all
terrain vehicles (ATV's) shall be operated on the properties except for actual authorized maintenance
purposes on an individual owner's lot.
Section 13. No outside clotheslines shall be permitted. No satellite dishes, more than
eighteen (18) inches in diameter shall be permitted; and the location of all satellite dishes must be
approved by the Association before installation.
Section 14. In accordance with the requirements ofthe State of North Carolina, a system for
the drainage of storm water from all of the lots of the AVENDALE, PHASE 4B has been established
10

including (a) the establishment of drainage easements along some ofthe side and rear lot lines ofthe
lots in said Section, (b) the establishment ofvarious drainage ponds within said Section, as well as
( c ) the use of the streets and roads of said Section for drainage purposes, all of which are shown
upon the map of said Section, recorded as referenced above. The design of said system allows all
such storm water w drain from said Section into the area storm water drainage system. The
operation and integrity of said area -wide storm water drainage system requires the owners of lots
within said Section to take various preventive maintenance steps to prevent any sand, silt or other
unwanted erosion materials from entering the system from the lots in said Section and to allow for
thenecessary maintenance of all drainage easements and other areas designated as apart ofthe storm
water drainage system. Therefore, all owners of lots in the AVENDALE, PHASE 413, by accepting
a deed for their lot or lots from the Declarant, do hereby covenant and agree to be bound by the
following restrictions:
a. Nothing otherthan grass shall be allowed orpermitted to be placed within any
drainage, water or sewer easement .that is established on any lot by the map of said Section
referenced above. Not by way of limitation, but by way of example, shrubs, trees and other
vegetation (grass clippings, leaves and branches), fences, walls, storage buildings and all other
structures and improvements, of whatever nature or kind, are prohibited from being located within
any such easement area; and
b. For any lot bounded on any one or more sides by either a drainage ditch, pond
or other open drainage easement area, as shown on said recorded map, no sheet flow or surface flow
of storm water shall be permitted from said lot into any ditch of two and one-half (2 %) feet in depth
or greater, any pond or other open drainage easement area of two and one-half (2 V2) feet or greater.
In lieu thereof, the owner of said lot shall grade and maintain a berm along the entire length of the
common boundary or boundaries of said lot and any such drainage area, sufficient in size to prevent
any surface or sheet flow drainage from occurring except at one outfall location along said berm;
which outfall location shall either be. piptu or riprapped to prevent any amount of erosion caused by
surface water drainage at that location; and
C. Owners are encouraged to grade and maintain their property in such a way as
to encourage surface water drainage toward any existing swales. No one may pipe, fill in, block,
or alter any existing swale used to meet North Carolina Stormwater Management Permit
requirements; and
d. Any and all erosion from said lot occurring at the time of occupancy of any
residence constructed on said lot must be stabilized and controlled as described hereinabove within
sixty (60) days of occupancy of said residence by the owner of record; and
e. The Declarant, its successors and assigns, shall have the absolute authority
and right to design, construct and implement drainage and grading plans without the consent or
approval of the Association.
f. Any and all other terms, conditions or restrictions contained within the
Declaration which conflict with any of the provisions of this Section 14 are to be deemed and
interpreted in strict accord and harmony with the provisions of this Section 14.
Section15. No more than 4000 square feet of any lot, including that portion of the right-0f-
way between the edge of pavement and the front lot line, shall be covered by impervious structures,
including asphalt, gravel, concrete, brick, stone, slate or similar material, not including wood decking
or the water surface of swimming pools. This covenant is intended to ensure continued compliance
with the stormwater permit (#SW8170207) issued by the State of North Carolina. This covenant
may not be changed or deleted without the consent of the State.
Section 16. Developer shall have no responsibility for maintaining any drainage easements
located on any lot. All maintenance for all easements located on any lot shall be the responsibility
ofthe owner of said lot, his successors and/or assigns. Within all utility and drainage easements no
structure, planting or other material shall be placed or permitted to remain which may damage or
11
9k 4"
P9 2347
ECEIV :
40V 0 7 2019
BY:--

Bk 4M
Pg 2348
interfere with the installation or maintenance of utilities or which may change the direction or flow
of drainage channels in the easements.
Section 17. Notwithstanding any provision, covenant or language contained in this
Declaration of the AVENDALE, PHASE 4B, the undersigned hereby reserves for itself and for
others as it may designate, the right to erect and use an office for construction, development and sales
purposes with unrestricted signage.
Section 18. All front, rear and side yards in AVENDALE, PHASE 4B shall be sodded.
Section 19. Notwithstanding any provision, covenant, restriction or other language contained
in this Declaration of Covenants, Conditions and Restrictions, the Declarant or Developer reserves
for itself the right to construct and install a road or street across any Lot which in the sole discretion
of the Declarant is determined to be necessary, advantageous or appropriate for the development of
this subdivision or adjacent properties.
Section 20. Parking. Adequate off-street parking shall be provided by the owner of each
lot for the parking of automobiles owned by such owner, and owners of lots shall not be permitted
to park their vehicles on the streets in the subdivision. Owners of lots shall not be permitted to park
boats, trailers, campers, commercial vehicles and all other similar property on the streets in the
development, and such property shall not be permitted to be parked where it is visible from .any
streets within the subdivision.
Section 21. One United States Flag is permitted to be displayed on each lot, so long as the
flag is displayed from a pole attached to the residence and is in good condition.
ARTICLE M
NON -DEDICATED STREETS
All non -dedicated streets constructed within the Subdivision are reserved as easements of
public access for the common use of Owners and their families, guests and invitees, by commercial
vehicles authorizedto make pick-ups and deliveries, by public and private utilities' personnel, trucks
and equipment, by postal authorities and mail carriers, by emergency personnel and vehicles such
as police, fire and ambulance, and by such other persons or classes of persons authorized by the
Board of Directors of the Association, as a means of ingress or egress, and for such other uses as may
be authorized from time to time by the Board. Such non -dedicated streets may also include
underground utility lines, mains, sewers or other facilities to transmit and carry sanitary sewer and
storm water drainage. Except as provided by this Declaration, no acts shall be taken or things done
by an Owner or the Association which are inconsistent with the reservation and grant of use and
enjoyment hereinabove provided.
ARTICLE MI
COMPLIANCE WITH WETLAND REGULATIONS
In accordance with 27de 15NCAC2H.0500, thefollowingdeed notification applies to Lot(s)
154-161 of the AVENDALE PHASE 4B Subdivision, Plat Book 63, Pages 35-36, Pender County
Registry, North Carolina, prepared by StroudEngineering, PA, dated 519118 and recorded 12110118,
with respect to the aforesaid Lot(s) being asfollows:
"In the event arty portion of this lot(s) is determined to meet the requirements for designation as a
regulatory wetland any subsequent fill or alteration of this wetland shall conform to the
requirements of the sate wetland rules adopted by State of North Carolina in force at the time of the
proposed alteration. The intent ofthis provision is to prevent additional wetland ftll, so the property
owner should not assume that a future application for fill would be approved The property owner
shall report the name of the subdivision in any application pertaining to said wetland rules. This
covenant is intended to ensure continued compliance with wetland rules adopted by the State of
North Carolina and therefore benefits may be enforced by the State of North Carolina This
12

covenant is to run with the land and shall be binding on all parties and all persons claiming under
them.
ARTICLE XIiI
ANNEXATION OF ADDITIONAL PROPERTIES
Section]. The Developer hereby reserves the right to annex additional land located adjacent
to AVENDALE, PHASE 4B which may be owned or hereafter acquired by the Declarant, without
the consent of the Class A members within ten (10) years of the date of this instrument provided that
HUD, the FHA, or VA determines that the annexation is in accord with the general plan hereto
approved by them. Any property annexed for such purpose will be subject to and under the
jurisdiction of the Association and shall be designated as consecutively numbered phases or such
other similar designations for any additional phase added.
Section 2. The rights reserved by the Developer also include the power to amend this
Declaration of Restrictions to subject any property described above to the jurisdiction of the
Association and to the rights and obligations of this Declaration of Restrictions without the consent
of Class A members, subject, however, to prior approval by the Department of HUD or the Veterans
Administration.
ARTICLE XIV
DECLARANT RIGHTS
Section 1. Notwithstanding any provision in this Declaration of Covenants, Conditions and
Restrictions the Developer has no duty or obligation to annex additional properties or develop or
create additional sections to AVENDALE, PHASE 4B or develop or create other subdivisions.
SWion 2. Ir_ the event that the Developer sloes annex additional properties or create new
section(s) ofAVENDALE, PHASE 4B then in that event the Developer reserves the right in its sole
discretion to vary or alter the covenants contained in this Declaration as to the new sections, new
subdivisions or additional properties.
Section 3. Declarant reserves the right, but not the obligation, to merge the Association
established herein with the Avendale Owners Association. In that event, the Owners defined herein
shall become members of the Aven&de Owners Association.
ARTICLE XV
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions ofthis Declaration. Failure by the Association
or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed
a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no wise affect any other provisions which shall remain in full force
and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with
and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10) years.
Notwithstanding any language to the contrary, the Declarant shall be authorized to amend this
Declaration in its sole discretion, without the consent of any owner, at any time for a period of
twenty-four (24) months next following the date of recording this instrument. This Declaration may
be amended during the first twenty (20) year period by an instrument signed by not less than ninety
percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-
five percent (75%) of the Lot Owners. Any amendment must be recorded in the Pender County
Register of Deeds.
13
Bk 4675
Pg 2349
E 0 E I VC'-;'
NOV 0 7 ,2019
BY: _

Section 4. FHANA Approval. As long as there is a Class B membership, the following
actions will require the prior approval of the Federal Housing Administration or the Veterans
Administration: Annexation ofadditional properties, dedication ofCommon Area/Open Space, and
amendment of this Declaration of Covenants, Conditions and Restrictions.
ARTICLE XVI
SCOPE OF RESTRICTIONS
THESE RESTRICTIONS APPLY ONLY TO AVENDALE, PHASE 4B, AS THE SAME
IS SHOWN ON THE MAP REFERENCED ABOVE, AND NOTHING HEREIN IS INTENDED,
NOR SHALL BE DEEMED, TO BE A REPRESENTATION, WARRANTY, COVENANT OR
PROMISE THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL
PROPERTY OWNED BY DEVELOPER. DEVELOPER FOR ITSELF, ITS SUCCESSORS
AND/OR ASSIGNS, DECLARES THAT AVENDALE, PHASE 4B, IS NOT PART OF ANY
OVERALL PLAN FOR THE DEVELOPMENT OF ANY REAL PROPERTY OWNED BY
DEVELOPER.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its
hand and seal this the 13" day of November, 2018.
AVENDALE DEVE ,LLC
BY:
J. V. FU . ELL, Member -Manager
(AFFIX CORPORATE SEAL)
STATE OF NORTH CAROLINA
[•Ziii01 &W,kf:CM:rrz Eel L, rj: 3:�
I, Tracy Wilson, a Notary Public ofthe County of Brunswick and State aforesaid, do hereby
certify that J. W. FUSSELL, personally appeared before me this day and acknowledged the foregoing
instrument as aMember/ManagerofAVENDALE DEVELOPMENT, LLC, ANORTH CAROLINA
LIMITED LIABILITY COMPANY.
WITNESS my hand and notarial seal, this the t day of November, 2018.
My Commission Expires:
June 2, 2021
(AFFIX NOTARIAL SEAL)
/AVENDALE, PHASE 4B
iW/4S ��,
T ARq
7� '01j J.\G Z
G
s�,e,CK'Cw0��
14
6k 4675
Pg 2350

Burd, Tina J
From: Burd, Tina J
Sent: Monday, November 18, 2019 3:02 PM
To: [e-mail]'; '[e-mail]'
Subject: SW8 1702007 - Avendale Phased
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on November 7, 2019. The project
has been assigned to Steven Pusey and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate 11
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
F-t2 Ft CvrreSparldenG,e to <' nd Fr m this address is subject k'i 0re
NOfU1 r'Xralir» Public RPG'Ords UILY and may be gisclosed to thirft Parties-

Pusey, Steven
From: Jimmy Fentress <[e-mail]>
Sent: Tuesday, June 26, 2018 1:32 PM
To: Chris & Kristin Medlin
Cc: [e-mail]; Pusey, Steven; Kyle Breuer, Medlin; kbreuercwpendercountync.gov;
Luke Menius
Subject: [External] RE: Avendale Subdivision New Phase Stormwater Management
Medlins,
OK, I have been to the site after the recent rains. The drainage Swale along the NC HWY 210 frontage will be cleaned
out as necessary to insure that the low area behind the phase 1 lots is drained to Harrison Creek well to the north. This
is planned to be done simultaneous to the abandonment of the driveway off 210 serving the wastewater treatment
plant. The driveway transition will happen once the paving is complete. I have ordered survey of the existing swale to
determine exactly what the extent of the cleanout needs to be. The work will be coordinated accordingly.
I hope this helps.
Jimmy
From: Chris & Kristin Medlin <[e-mail]>
Sent: Monday, June 25, 2018 7:55 AM
To: Jimmy Fentress <[e-mail]>
Cc: [e-mail]; [e-mail]; Kyle Breuer <[e-mail]>; Medlin
<[e-mail]>; [e-mail]
Subject: Re: Avendale Subdivision New Phase Stormwater Management
Mr. Fentress,
I am writing to follow up with you on your findings/plans for the drainage issues in Avendale as it has been a week since
we last communicated. I'd like to know your path forward to engineer a solution to the problem at our property as it
appears that paving of the new driveway entrance onto HWY 210 is near. I look forward to your reply. You are also
welcome to contact me via phone at 910-232-3981 if you'd prefer.
Regards,
Kristin Medlin
On Mon, Jun 18, 2018 at 1:39 PM, The Medlins <[e-mail]> wrote:
Mr. Fentress, thank you for the reply. I look forward to hearing from you.
Sincerely,
Kristin Medlin
On Jun 18, 2018, at 12:34 PM, Jimmy Fentress <[e-mail]> wrote:
Mrs. Medlin,

We are still the project engineers. I am investigating this and wilt report back through the course of th-2
next couple of days.
Thanks,
Jimmy
James H. Fentress Jr. PE 20643, PLS L-3902
G�..roud Enginecri�-�z r A
C":!D Cine:.ir; Di.
It-Tningtc -,i. K'C 4"s.
4' G.b15.0775 �.722a
w_fw.stroudens�.ine r.com
t_iick hrtve to upload large files to me securely.
From: Chris & Kristin Medlin <[e-mail]>
Sent: Saturday, June 16, 2018 3:39 PM
To: Jimmy Fentress <ientress stroudengineer.com>; [e-mail]: [e-mail];
Kyle Breuer <[e-mail]>; Medlin <[e-mail]>
Subject: Avendale Subdivision New Phase Stormwater Management
Mr. Fentress,
My husband and I own the property at 107 Raven Dr. in Avendale subdivision. As you may recall, we
have been plagued with flooding from stormwater runoff problems since moving into our home in
2008. Although a corrective measure you engineered was placed in 2010, the size and elevation of the
pipe placement has done little to alleviate the problem. As recently as last year, my husband was in
touch readdressing these concerns as development of the final phase of Avendale was beginning.
During those conversations, we were told via Luke Menius that during this final construction phase a
revision would be made to the existing plan that would alleviate our issues. This "fix" was to be timed
with the installation of the new driveway entrance onto HWY 210.

It seems, however, that instead of those improvements we were told would happen, a culvert/drain
system has been installed directly behind our property that will carry water from the new cul-de-sac to
the same affected area. Most certainly this will only aggrevate the existing problem, particularly once
the impermeable space grows when paving and home construction begins.
First, we wish to confirm your firm is still in charge of the engineering of this new phase. Second, we
wish to converse with you about the plans in place to finally rectify the problem we've been repeatedly
reassured would be addressed. We were told that by October 2017 the unpermitted access road
behind our home would be removed to help the water flow better to the creek beyond our
property. This has not yet occured, and now this recent addition of the culvert/drainage system can
only cause more problems unless the access road is removed and the drainage ditch lowered to allow
the outflow of water away from our property (the apparent low point in the equation).
We look forward to your prompt reply to this email. You can imagine how ready we are to finally
achieve resolution to this ten-year issue. We continue to suffer monetary damages due to the ongoing
flooding. Our fence has required multiple repairs, and we've lost thousands of dollars in landscaping
due to the problem. We are eager to discuss your plans for corrective action as the current phase of
development is well underway.
Sincerely,
Kristin and Christopher Medlin
[phone]
107 Raven Dr.
Rocky Point, NC 28457

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Pusey, Steven
From: The Medlins <[e-mail]>
Sent: Monday, June 18, 2018 1:40 PM
To: Jimmy Fentress
Cc: [e-mail], Pusey, Steven; Kyle Breuer, Medlin
Subject: [External] Re: Avendale Subdivision New Phase Stormwater Management
Mr. Fentress, thank you for the reply. I look forward to hearing from you.
Sincerely,
Kristin Medlin
On Jun 18, 2018, at 12:34 PM, Jimmy Fentress <ife,tress r?strnudengineer.coni> wrote:
Mrs. Medlin,
We are still the project engineers. I am investigating this and will report back through the course of the
next couple of days.
Thanks,
Jimmy
James H. Fentress Jr. PE 20643, PLS L-3902
Ftreu4 rrI.&*",e+.�r!ng, FA
r2n cinemi: Dr.
rMilmingtoa, `4!C 28412
910.915.0775 x223
www.stroudeneineer.com
Click here to upload large files to me securely.
From: Chris & Kristin Medlin <5medlinsdginail.com>
Sent: Saturday, June 16, 2018 3:39 PM
To: Jimmy Fentress<ifer:[e-mail]>; '%ecollettgDnc.Pov; Sreven.puseyCc�ncdenr.gov;
Kyle Breuer <breuerk@rtender-count1 com>; Medlin <cImerilin Prnail.com>
Subject: Avendale Subdivision New Phase Stormwater Management
Mr. Fentress,
My husband and I own the property at 107 Raven Dr. in Avendale subdivision. As you may recall, we
have been plagued with flooding from stormwater runoff problems since moving into our home in 2008.
Although a corrective measure you engineered was placed in 2010, the size and elevation of the pipe
placement has done little to alleviate the problem. As recently as last year, my husband was in touch
readdressing these concerns as development of the final phase of Avendale was beginning. During those
conversations, we were told via Luke Menius that during this final construction phase a revision would
be made to the existing plan that would alleviate our issues. This "fix" was to be timed with the
installation of the new driveway entrance onto HWY 210.

It seems, however, that instead of those improvements we were told would happen, a culvert/drain
system has been installed directly behind our property that will carry water from the new cul-de-sac to
the same affected area. Most certainly this will only aggrevate the existing problem, particularly once
the impermeable space grows when paving and home construction begins.
First, we wish to confirm your firm is still in charge of the engineering of this new phase. Second, we
wish to converse with you about the plans in place to finally rectify the problem we've been repeatedly
reassured would be addressed. We were told that by October 2017 the unpermitted access road behind
our home would be removed to help the water flow better to the creek beyond our property. This has
not yet occured, and now this recent addition of the culvert/drainage system can only cause more
problems unless the access road is removed and the drainage ditch lowered to allow the outflow of
water away from our property (the apparent low point in the equation).
We look forward to your prompt reply to this email. You can imagine how ready we are to finally
achieve resolution to this ten-year issue. We continue to suffer monetary damages due to the ongoing
flooding. Our fence has required multiple repairs, and we've lost thousands of dollars in landscaping due
to the problem. We are eager to discuss your plans for corrective action as the current phase of
development is well underway.
Sincerely,
Kristin and Christopher Medlin
[phone]
107 Raven Dr.
Rocky Point, NC 28457
2

Pusey, Steven
From: Pusey, Steven
Sent: Monday, June 18, 201812:14 PM
To: [e-mail]; Kyle Breuer
Subject: RE: [External] Avendale Subdivision New Phase Stormwater ManagemeWL
Has anything changed since this last inspection. If so, please let me know. Jimmy, are you working on this now?
As stated in my last inspection of 5/16/2017:
The swale shown on the plans from the back corner of Lot 46 (adjacent Hwy 210) to the back of Lot 53, including an
existing section of 1V corrugated plastic pipe (under the temporary access driveway), approx. 45' in length, is not built
in accordance with the plans. It appears that the pipe is installed at a higher elevation than shown on the plans. This
results in storm water flooding in the swale along Hwy. 210. The rising water goes into the adjacent property owners'
yards at the end of Raven Drive, where we have received many complaints.
The temporary access driveway (to the wastewater treatment plant) needs to be closed once a new access is
available. At that time, the culvert pipe under the driveway needs to be re -installed at a lower elevation and/or
removed and a Swale section constructed to match up with the swale downstream. The water should flow away from
the low area behind the lots adjacent Hwy 210 and go through the swale towards the wetland area.
Thanks,
ISA" any
DEMLR-SW
From: Chris & Kristin Medlin [mailto:[e-mail]]
Sent: Saturday, June 16, 2018 3:39 PM
To: [e-mail]; [e-mail], Pusey, Steven <[e-mail]>; Kyle Breuer
<[e-mail]>; Medlin <[e-mail]>
Subject: [External] Avendale Subdivision New Phase Stormwater Management
Mr. Fentress,
My husband and I own the property at 107 Raven Dr, in Avendale subdivision. As you may recall, we have been plagued
with flooding from stormwater runoff problems since moving into our home in 2008. Although a corrective measure you
engineered was placed in 2010, the size and elevation of the pipe placement has done little to alleviate the problem. As
recently as last year, my husband was in touch readdressing these concerns as development of the final phase of
Avendale was beginning. During those conversations, we were told via Luke Menius that during this final construction
phase a revision would be made to the existing plan that would alleviate our issues. This "fix" was to be timed with the
installation of the new driveway entrance onto HWY 210.
It seems, however, that instead of those improvements we were told would happen, a culvert/drain system has been
installed directly behind our property that will carry water from the new cul-de-sac to the same affected area. Most

certainly this will only aggrevate the existing problem, particularly once the impermeable space grows when paving and
home construction begins.
First, we wish to confirm your firm is still in charge of the engineering of this new phase. Second, we wish to converse
with you about the plans in place to finally rectify the problem we've been repeatedly reassured would be
addressed. We were told that by October 2017 the unpermitted access road behind our home would be removed to
help the water flow better to the creek beyond our property. This has not yet occured, and now this recent addition of
the culvert/drainage system can only cause more problems unless the access road is removed and the drainage ditch
lowered to allow the outflow of water away from our property (the apparent low point in the equation).
We look forward to your prompt reply to this email. You can imagine how ready we are to finally achieve resolution to
this ten-year issue. We continue to suffer monetary damages due to the ongoing flooding. Our fence has required
multiple repairs, and we've lost thousands of dollars In landscaping due to the problem. We are eager to discuss your
plans for corrective action as the current phase of development is well underway.
Sincerely,
Kristin and Christopher Medlin
[phone]
107 Raven Dr.
Rocky Point, NC 28457

Pusey, Steven 45� w g t 7 n 2d 7
From: Chris & Kristin Medlin <[e-mail]> v(
Sent: Saturday, June 16, 2018 3:39 PM !!
To: [e-mail]; [e-mail], Pusey, Steven; Kyle Breuer; Medlin
Subject: [External] Avendale Subdivision New Phase Stormwater Management
Mr. Fentress,
My husband and I own the property at 107 Raven Dr. in Avendale subdivision. As you may recall, we have been plagued
with flooding from stormwater runoff problems since moving into our home in 2008. Although a corrective measure you
engineered was placed in 2010, the size and elevation of the pipe placement has done little to alleviate the problem. As
recently as last year, my husband was in touch readdressing these concerns as development of the final phase of
Avendale was beginning. During those conversations, we were told via Luke Menius that during this final construction
phase a revision would be made to the existing plan that would alleviate our issues. This "fix" was to be timed with the
installation of the new driveway entrance onto HWY 210.
It seems, however, that instead of those improvements we were told would happen, a culvert/drain system has been
installed directly behind our property that will carry water from the new cul-de-sac to the same affected area. Most
certainly this will only aggrevate the existing problem, particularly once the impermeable space grows when paving and
home construction begins.
First, we wish to confirm your firm is still in charge of the engineering of this new phase. Second, we wish to converse
with you about the plans in place to finally rectify the problem we've been repeatedly reassured would be
addressed. We were told that by October 2017 the unpermitted access road behind our home would be removed to
help the water flow better to the creek beyond our property. This has not yet occured, and now this recent addition of
the culvert/drainage system can only cause more problems unless the access road is removed and the drainage ditch
lowered to allow the outflow of water away from our property (the apparent low point in the equation).
We look forward to your prompt reply to this email. You can imagine how ready we are to finally achieve resolution to
this ten-year issue. We continue to suffer monetary damages due to the ongoing flooding. Our fence has required
multiple repairs, and we've lost thousands of dollars in landscaping due to the problem. We are eager to discuss your
plans for corrective action as the current phase of development is well underway.
Sincerely,
Kristin and Christopher Medlin
[phone]
107 Raven Dr. S AAA
Rocky Point, NC28457 J �^^^^' �6rVrr`�SS I i � `

Pusey, Steven
From: Pusey, Steven
Sent: Tuesday, June 13, 2017 10:25 AM
To: 'Christopher Medlin'
Subject: RE: Avendale-Stormwater
Chris,
I just talked with the engineer who is diligently working on the project. In addition, I discussed the matter with my
Supervisor, Georgette Scott, and the Regional Manager of the Division. This project is in compliance with the permit
requirements that state the stormwater control measures are designed to handle a 1" storm, and runoff from a 10-year
storm without erosion.
The engineer, Luke Menius, is planning to revise the drainage pipe to make it lower, which will help runoff drain better
during large storms. The timing for conducting this work will need to coincide with the construction of Phase 4 where
the pipe is located. Specifically, it will be modified after the other entrance driveway to Avendale is built off Hwy.
210. That driveway must be there to enable traffic to the wastewater plant. Then, they can get rid of the temporary
access drive and modify the pipe installation.
At this point, we have done everything we can to make the modification happen. We will follow up on our inspection in
due time and it should be constructed within 3 -4 months.
Regards,
Steve Pusey
From: Christopher Medlin [mailto:[e-mail]]
Sent: Monday, June 12, 2017 7:02 PM
To: Pusey, Steven <[e-mail]>
Subject: Re: Avendale-Stormwater
Steve - Thank you for the follow through. The pipe is improperly installed and I appreciate your help with
it. The access road is a significant problem set that is neither in their submissions nor is it accounted for in their
storm water management plan. The developer has also been allowed to neglect their requirements for upkeep
and maintenance of the ditch. Neither I nor my neighbors are willing to let this go so that it accommodates the
developer's timeline or financial desires. My personal financial losses are not considered in this equation and
neither should the developers be.
I am surprised by your deference to the developer as he is deceitfully submitting permitting plans and then
modifying his actions to suit his own financial interests. Because the state is unwilling to force compliance, the
residents of this subdivision are being forced to pay the price for flood damage. We have absorbed thousands of
dollars in losses of fencing and plantings and must continue to worry about the flood waters encroaching on our
house.
I am going to find the entity that can hold the developer accountable and will start with the DEQ Office of
General Counsel, the state inspector general, and will also follow up with the EPA. The developer/engineer
clearly stated this is a known problem yet they are not forced to fix it in a timely manner. Worst yet, DEQ
knows the developer is not in compliance with his permitting plan.

It should not be lost on anyone that hurricane season is again upon us and the potential for flooding increases y
exponentially during this time. It is unreasonable to ask us to wait it out through yet another storm season to suit
the needs of the developer who has not been forced to comply with his permitted plans.
Respectfully,
Chris Medlin
On Mon, Jun 12, 2017 at 5:30 PM, Pusey, Steven <steven.pusey @.ncdenr..gov> wrote:
Chris,
Trentt James has been involved in the inspections for Erosion & Sediment Control permits during the construction
phases 1— 3, which have all been completed. He is now working on Phase 4.
As discussed, this project has been under construction since even before 2009. It was first permitted in
2006. Previously this year, Phases 1— 3 were closed out and Phase 4 was broken out into a separate permit because it
is a low density project. My inspection in May, 2017 has called out the pipe in Phase 4 which was not installed
properly. Note that the pipe has been shown on the plans since the 2015 modification. I will contact the developer
again to see if he can possibly expedite this part of the project but there are no guarantees that he can do anything
since this is all tied in with the Phase 4 construction plans.
Regards,
Steve
From: Christopher Medlin [mailto:[e-mail]
Sent: Monday, June 12, 2017 3:22 PM
To: Pusey, Steven <[e-mail]>
Subject: Fwd: Avendale-Stormwater
Steve - As you requested, the previous point of contact was Trent James. As you will see we've been engaged
at the county and state level since 2009. I look forward to your response by tomorrow.
---------- Forwarded message ----------
From: Chris & Kristin Medlin <5medlins2gmail.eom>

n
`Date: Tue, May 2, 2017 at 6:59 AM
Subject: Fwd: Avendale-Stormwater
To: Medlin <clmedlinggmail.com>
---------- Forwarded message ----------
From: Kyle Breuer <breuerk e,pender-county.com>
Date: Wed, Sep 16, 2009 at 10:53 AM
Subject: Avendale-Stormwater
To: Chris & Kristin Medlin <5inedlins a ),mail.com>
Mrs. Medlin
Attached, please find the stormwater permit on file in our office. Trentt James, DWQ, has been my point of contact for stormwater
related issues and enforcement.
His contact is:
Trentt James
Frlvironmental Senior Specialist
127 Cardinal Dr Ext
Wilmington, NC 28405
[phone]
f: [phone]
If you need further assistance, feel free to contact me and I will do everything I can to get you pointed in the right direction.
Sincerely,
Kyle
Kyle M. Breuer, Planner
Fender County Planning & Community Development

Division of Planning
805 South Walker Street
Burgaw, NC 28425
Phone - 910.259.1403
Fax - 910.259.1295

Pusey, Steven
From: Christopher Medlin <[e-mail]>
Sent: Monday, May 15, 2017 5:39 PM
To: Pusey, Steven
Subject: Avendale Photos
Attachments: OA01B196-7805-483D-91F1-F647D4A193CA.JPG; 81039269-BDDE-4FD4-8188-
C845912OD542.JPG; EB1C334A-381F-4958-9959-1053033D7064.JPG; IMG_2477.JPG
Steve - I appreciated your time this afternoon. I hope these photos can show you the extent of the problem.
I spoke with Tommy Farmer (910-540-1668) and he may be available to look at the issue depending on your
timeline. He said you are welcome to call him if you would like him to accompany you or have questions.
I am here to help/assist you if needed.
Chris Medlin

Pusey, Steven
From: [e-mail]
Sent: Monday, May 08, 2017 11:19 AM
To: Pusey, Steven; 'Christopher Medlin'
Cc: 'Dan Benson'; 'Kristin Medlin; 'Tommy Farmer; 'Jake Davis'; '[e-mail]'
Subject: RE: we need your help
Attachments: DSC06705.JPG; DSC06706.JPG; DSC06704.JPG; DSC06703.JPG
Mr. Pusey
I am head of the Avendale Homeowners Association and the HOA has heard from these homeowners for some
time now. They are frustrated by the lack of action in resolving a situation they have not created and can't
resolve by themselves. The HOA has contacted NCDOT and Pender County only to be told it is not their
problem and ther is nothing they can do. I have talked with the developer several times, the most recent and e-
mail last week, and have not heard back from him.
Over a year ago I could see the inlet pipe under the acces road to the wastewater plant was to high and probably
crushed at some point. This prevended water that go to the pipe from being adiquately handled. The inlet ditch
is also choked with weeds and small trees also hurting flow. The developer did remove a portion of the long
pipe and creater a ditch. Nothing was done about the weeds or the culvert being too high to allow drainage
water to smoothly flow out.
Attached are pictures I took after the rain last Monday morning. The inlet is still clogged (Picture 46705), the
ponding is evident(#6706), the outlet is showing very little flow and the ditch (#6704) is erroding on its banks
(#6703).
I don't believe the property owners really object to the access road as much as the culvert pipe entrance being to
high. I would hope that the DEQ could aid in having the developer correct a situation that has existed for years.
Richard D. Hartman, President
Avendale Homeowners Assocation
From: "Pusey, Steven"
To: "Christopher Medlin"
Cc: "Dan Benson", "Kristin Medlin", "Tommy Farmer", "[e-mail]", "Jake Davis"
Sent: 08-May-2017 13:07:32 +0000
Subject: RE: we need your help
Their plan is to fix the problem while Phase 4 is under construction. It is scheduled for completion by the end of
August. We can do an inspection and say that a plan revision is necessary to fix the drainage issue. This would officially
put it on a schedule and document that it needs a revision. However, the schedule will be in accordance with their
construction plans.
I will send an inspection letter after I get a chance to go out there and take a look, within the next week or so.
i

Pusey, Steven
From: Tommy Farmer <[e-mail]>
Sent: Monday, May 08, 2017 10:19 AM
To: Pusey, Steven; 'Christopher Medlin'
Cc: 'Dan Benson'; 'Kristin Medlin'; deehartman�gucharter.net; 'Jake Davis'
Subject: RE: we need your help
Mr. Pusey,
I'm Tommy Farmer. As one of the affected parties I've been cc'd on these emails.
want to thank you for the attention you are giving to the drainage problem were are experiencing on Raven drive
We are not dealing; with minor water issues or "puddling" as the engineer puts it. Every time there is a hard rain or even
a strong summer thunderstorm, water backs up into the Medlin's backyard then the Benson's and then into our yard.
Over the past 8 years we have experienced minor flooding multiple times and significant flooding, up to 22" deep, at
least a half dozen times. We were promised a fix and after much delay the current drain pipe was installed. When
compieted, it appeared to me that it would not perform as it should, given that the drain pipe inlet was obviously higher
than the area it was supposed to drain. We had to wait for another hard rain, but when it came so did the rising water.
This past October during hurricane Mathew, the water rose again. We had :nature wax myrtle plants (14' tall) across the
back and up one side of our yard. Six of the plants were uprooted, all in the flooded area. None of the plants that were
on dry ground were uprooted. This damage cost over 1000.00 dollars to repair by a landscape contractor.
It is unacceptable for the developer and engineering firm to sit on a known and now acknowledged problem. This repair
needs to be completed ASAP, not at the developers convenience. As Mr. Medlin stated, hurricane season is almost here.
Sincerely,
Tommy Farmer
93 Raven Drive
910-540-1668
From: Pusey, Steven[mailto:[e-mail]]
Sent: Monday, May 08, 2017 9:08 AM
To: Christopher Medlin <[e-mail]>
Cc: Dan Benson <[e-mail]>; Kristin Medlin <[e-mail]>; Tommy Farmer <[e-mail]>;
[e-mail]; Jake Davis <[e-mail]>
Subject: RE: we need your help
Their plan is to fix the problem while Phase 4 is under construction. It is scheduled for completion by the end of
August. We can do an inspection and say that a plan revision is necessary to fix the drainage issue. This would officially
put it on a schedule and document that it needs a revision. However, the schedule will be in accordance with their
construction plans.
I will send an inspection letter after I get a chance to go out there and take a look, within the next week or so.
Regards,
Steve

Pusey, Steven
From:
Pusey, Steven
Sent:
Friday, May 05, 2017 3:43 PM
To:
'Dan Benson'
Cc:
Christopher Medlin
Subject:
RE: we need your help
I just spoke with the engineer. He said that construction will take place this summer to correct the problem. Their plan
is to modify that entire area and regrade a new swale and pipe section. Also, the temporary access road to the
wastewater treatment plant will be eliminated. We will keep following up with them to track the project.
Have a good weekend!
Regards,
Steve Pusey
From: Dan Benson [mailto:[e-mail]]
Sent: Friday, May 05, 2017 3:29 PM
To: Pusey, Steven <[e-mail]>
Cc: Christopher Medlin <[e-mail]>
Subject: Re: we need your help
That would be much appreciated by us as well as everyone effected by this.
Thank You,
Dan Benson
-------- Original message --------
From: "Pusey, Steven" <steven.pusey0q)ncdenr.,gov>
Date: 5/5/17 3:26 PM (GMT-05:00)
To: Dan Benson <Dan dBenson.cc>
Cc: Christopher Medlin <clmedlinLcogMail.com,>
Subject: RE: we need your help
Dan,
Unfortunately, we do not have jurisdiction when it comes to flooding issues. However, the stormwater system is
supposed to have positive drainage and this pipe / swale is part of the system. My guess is that the elevation at the back
property corner is actually lower than shown on the plans. Therefore, it is lower than the pipe inlet. Once the water
level reaches the pipe inlet, it flows and maintains that level until the water finally draws down by infiltration, which
probablytakes several days. According to the approved plans, it should work. In orderto match the plans, fill dirt would
need to be brought in to fill the low area at the property corner. Or, the developer could offer another workable plan.
We will try to get out there and inspect this area soon to get the problem fixed.

Pusey, Steven
From:
Pusey, Steven
Sent:
Friday, May 05, 2017 3:26 PM
To:
'Dan Benson'
Cc:
'Christopher Medlin'
Subject:
RE: we need your help
Dan,
Unfortunately, we do not have jurisdiction when it comes to flooding issues. However, the stormwater system is
supposed to have positive drainage and this pipe / swale is part of the system. My guess is that the elevation at the back
property corner is actually lower than shown on the plans. Therefore, it is lower than the pipe inlet. Once the water
level reaches the pipe inlet, it flows and maintains that level until the water finally draws down by infiltration, which
probably takes several days. According to the approved plans, it should work. In order to match the plans, fill dirt would
need to be brought in to fill the low area at the property corner. Or, the developer could offer another workable plan.
We will try to get out there and inspect this area soon to get the problem fixed.
Regards,
Steve Pusey
From: Dan Benson [mailto:[e-mail]]
Sent: Friday, May 05, 2017 3:10 PM
To: Pusey, Steven <[e-mail]>
Subject: Re: we need your help
After more thought. This is not a "puddle" issue and calling it a nuisance is an understatement. Costing our
neighbors thousands of dollars, and putting our own property improvements on hold. Waiting for the next
"phase" to commence(unless that is next week) is not acceptable. Why don't they move that excavator and use
it to fix our drainage issue now!
The engineer that wrote you back is the one who designed the drainage. He isn't going to say he screwed up. He
is going to cover his butt. This needs to be rectified quicker.
Thank You,
Dan Benson
-------- Original message --------
From: "Pusey, Steven" <steven.pusgyd?�iicdenr, gv>
Date: 5/5/17 2:22 PM (GMT-05:00)
To: Dan Benson <Dan�Benson.cc>
Subject: FW: we need your help
Dan,
FYI, it looks like there is hope for the future. See below.

Pusey, Steven
From: Christopher Medlin <[e-mail]>
Sent: Friday, May 05, 2017 2:57 PM
To: Pusey, Steven
Subject: Avendale
Steve -
I appreciated your time on the phone Wednesday and I look forward to staying engaged with the state as we
rectify the storm water management problem within the Avendale community.
I attended our Board of Directors meeting last night and addressed the ongoing issue and mentioned you by
name. It was not lost on the property manager, the HOA, and my fellow residents that Avendale LLC is non
compliant in their approach to stormwater management, they are not conducting the prescribed inspections or
maintenance / upkeep, the access road north of phase 1 is not specified in their permitting and is a significant
contributor to our lack of drainage, and that if the developer is allowed to turnover his responsibility to the HOA
unchecked, it would become our financial burden.
I ask for your continued engagement and to help the citizens of Avendale as we press the developer to do what
is required. Thank you for your time and your efforts.
Regards,
Chris Medlin
107 Raven Dr.
Rocky Point, NC 28457
[phone]

Pusey, Steven
From: Dan Benson <[e-mail]>
Sent: Friday, May 05, 2017 2:40 PM
To: Pusey, Steven
Subject: Re: we need your help
The pipe installed isn't doing a great job. The yards have to flood before the pipe gets any water. During
hurricane Mathew water got to my house, but because it's raised up no damage was done to my home.
Thank You,
Dan Benson
-------- Original message --------
From: "Pusey, Steven" <[e-mail]>
Date: 5/5/17 2:22 PM (GMT-05:00)
To: Dan Benson <[e-mail]>
Subject: FW: we need your help
Dan,
FYI, it looks like there is hope for the future. See below.
Steve
From: Luke Menius [mailto:[e-mail]]
Sent: Friday, May 05, 2017 2:13 PM
To: Pusey, Steven <[e-mail]>
Cc: JW Fussell <[e-mail]>
Subject: RE: we need your help
Thanks for the heads up. I was actually out there to meet with the contractor a few hours prior to these pictures being
taken. This spot has always held water after heavy rains. I agree that this puddle is a nuisance but the pipe was installed
to prevent any threat to homes or the roadway, which it has done as designed.
Once the next phase commences, this area will be provided with positive drainage. It is unfortunate that it has taken 10
years to get to the final phase, but we are getting close. Note the excavator in the background.
David L. Menius, P.E.
Stroud Engineering, P. A.
102-D Cinema Drive
Wilmington, NC 28403
910-815-0775 ext 225
From: Pusey, Steven [mailto:steyen.pus€'y0ncC'enr.?oy]
Sent: Friday, May 5, 2017 2:01 PM

To: Luke Menius <[e-mail]>
Subject: FW: we need your help
Importance: High
Luke,
I just wanted to pass along these pics showing how the water ponds along Hwy. 210 and next to the corner house at
Avendale. I hope this helps. Please let me know when something can be done.
Thanks,
Steve
From: Dan Benson [mailto:[e-mail]
Sent: Friday, .May 05, 2017 11:09 AM
To: Pusey, Steven <steven.gusw@ncdeni. ov>
Subject: we need your help
Importance: High
Mr. Pusey,
My name is Dan Benson, I live at 103 Raven drive, Rocky Point, NC 28457, Or you might have it down as lot 6 on Raven
drive. Attached I have included pictures from the drainage ditch that runs along Hwy 210. As you can see the drainage
ditch is way below the drainage pipe to get to the river or retention pond. This has cause my property and neighbors
properties to get excessive water on them during storms and it takes a while for the water to recede. The draining
problem we believe is from a poorly designed and executed drainage system. The pictures were taken at 1030am May
5th, 2017. If your office could please get this addressed it would be much appreciated. And give us guidance of where to
go from here.
Thank You,
Dan Benson

. a
Pusey, Steven
From: Dan Benson <[e-mail]>
Sent: Friday, May 05, 2017 11:09 AM
To: Pusey, Steven
Subject: we need your help
Attachments: Avendale lot 5,6, and 7 on Raven Dr - 1 jpg; Avendale lot 5,6, and 7 on Raven Dr 2jpg
Importance: High
Mr. Pusey,
My name is Dan Benson, I live at 103 Raven drive, Rocky Point, NC 28457, Or you might have it down as lot 6 on Raven
drive. Attached I have included pictures from the drainage ditch that runs along Hwy 210. As you can see the drainage
ditch is way below the drainage pipe to get to the river or retention pond. This has cause my property and neighbors
properties to get excessive water on them during storms and it takes a while for the water to recede. The draining
problem we believe is from a poorly designed and executed drainage system. The pictures were taken at 1030am May
5', 2017. If your office could please get this addressed it would be much appreciated. And give us guidance of where to
go from here.
Thank You,
Dan Benson

AVENDALE DEVELOPMENT, LLC
281 Elk Summit Dr. — Todd, N. C. 28684
April 7, 2017
N C Department of Environmental Quality
Div. of Energy, Mineral & Land Resources — Storm Water Section
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Re: Permit # SW8060352 MOD +�
Permit # SW8170207'
Avendale Development, LLC +
Please change our mailing address to the following: s
Avendale Development, LLC
281 Elk Summit Dr.
Todd, N. C. 28684
Thanks,
JW Fussell cell [phone]
bt
[we
r.� p sa.�
�a

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy, Mineral &
Land Resources
ENVIRONMENTAL ODUI"
March 14, 2017
J.W. Fussell, Manager
Avendale Development, LLC
405 Elk Summit Drive
Todd, NC 28684
Subject: State Stormwater Management Permit No. SW8170207
Avendale Phase 4
Low Density Subdivision Project with a Curb Outlet Swale System
Pender County
Dear Mr. Fussell:
TRACY DAVIS
Director
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Avendale Phase 4 on January 20, 2017. Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211
and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 170207, dated March 14, 2017, for
the construction of built -upon area associated with Phase 4 of the subject project. It is important to note
that this Phase 4 section was previous permitted as part oermt #SW8, 060352; therefore, it will be
removed from that permit effective immeTate y with modification pending.
This permit shall be effective fi•om the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supersede any other agency permit that may
be required. Please pay special attention to the conditions listed in this permit regarding the Operation
and Maintenance of the BMP(s), recordation of deed restrictions, certification of the project, procedures
for changing ownership, and transferring the permit. Failure to establish an adequate system for operation
and maintenance of the stormwater management system, to record deed restrictions, to certify the project
or to transfer the permit in a timely manner, 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 by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per
NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this
permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required)
and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made
this permit shall be final and binding.
If you have any questions, or need additional information, please contact Steve Pusey at [phone].
Sincerely,\{\
`x Tracy Davis, P.E , Director
Division of Energy, Mineral and Land Resources
GDS/sgp: \\\Stormwater\Permits & Projects\2017\170207 LD\2017 03 permit 170207
cc: David L. Menius, PE — Stroud Engineering, PA
NCDOT District Engineer
Onslow County Inspections
Onslow County Engineering
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Qualt y 1 Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, NC 28405
910 796 7215

State Stormwater Management Systems
Permit No. SW8 170207
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMW',-.`TER MANAGEMENT PERMIT,
LOW DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SWALE SYSTEM
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
Avendale Development, LLC
Avendale Phase 4
4000 block of NC 210 west of Hampstead, Pender County
FOR THE
construction, operation and maintenance of a 24% low density subdivision project with a curb outlet
swale system in compliance with the provisions of Session Law 2008-211 and Title 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 Energy, Mineral and Land Resources (hereafter referred to as the Division or DEMLR) and
considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. The overall tract built -upon area percentage for the project must be maintained at 24% per the
requirements of the stormwater rules. This permit covers the construction of a total of 403,712
square feet of built -upon area (BUA), which includes 333,462 square feet of proposed BUA,
70,250 square feet of future BUA allocation, and 0 square feet of existing BUA.
2. Each of the 60 lots is limited to a maximum of 4,000 square feet of built -upon area, as
indicated on the application and supplement and as shown on the approved plans.
3. This project proposes a curb outlet system. Each designated curb outlet swale or 100'
vegetated area shown on the approved plan must be maintained at a minimum of 100' long,
maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry
the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover.
4. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches,
must be vegetated with side slopes no steeper than 3:1 (H:V).
5. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath
an impervious surface such as a road or under driveways to provide access.
6. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean high
water line of tidal waters. All runoff directed into and through the vegetative buffer must flow
through the buffer in a diffuse manner. Roof drains must terminate at the outer edge of the
buffer.
Page 1 of 4

State Stormwater Management Systems
Permit No. SW8 170207
7. Stormwater runoff that is directed to flow through any wetlands shall flow into and through
these wetlands at a non -erosive velocity.
II. SCHEDULE OF COMPLIANCE
1. No person shall alter the approved stormwater management system or fill in, alter, or pipe any
drainage feature (such as swales) shown on the approved plans as part of the stormwater
management system, except for minimum driveway crossings, unless and until the permittee
submits a modification to the permit and receives approval from the Division.
2. The maximum built -upon area assigned to each lot via this permit and the recorded deed
restrictions may not be increased or decreased by either the individual lot owner or the
permittee unless and until the permittee notifies the Division and obtains written approval from
the Division.
3. The permittee shall review each lot for new construction and all subsequent modifications and
additions; for compliance with the requirements of the permit. The plans reviewed must include
all proposed built -upon area, grading, and driveway pipe placement. The permittee may
establish an Architectural Review Board (ARB) or Committee (ARC) to review new and
modified lot development plans for compliance with the Covenants and Restrictions, including
the BUA limit. However, any approval given by the ARB or ARC on behalf of the permittee
does not relieve the permittee of the responsibility to maintain compliance with the overall
permitted built -upon area for the project.
4. The permittee is responsible for verifying that the proposed built -upon area on each individual
lot, and for the entire project, does not exceed the maximum allowed by this permit. The
permittee shall routinely monitor the lots and where a lot is determined to have exceeded the
permitted maximum BUA, the permittee shall notify the lot owner of such in writing and shall
require remediation within a reasonable time frame to bring the lot into compliance.
5. Curb outlet swales, swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and operational for their intended use prior to the
construction of any built -upon surface, per the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
7. The permittee shall, at all times, provide and perform the operation and maintenance
necessary as listed in the signed Operation and Maintenance Agreement, such that the
permitted curb outlet swales and stormwater management system functions at its optimum
efficiency.
8. Deed restrictions are incorporated into this permit by reference and must be recorded with the
Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must
include, at a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 170207, as issued by the Division of Energy,
Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built -upon area per lot is 4,000 square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina, driveways, and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
Page 2 of 4

State Stormwater Management Systems
Permit No. SW8 170207
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is prohibited by
any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area
associated with the development is prohibited by any persons.
i. A 50-foot wide buffer must be provided adjacent to surface waters, measured horizontally
from and perpendicular to the normal pool of impounded structures, the top of bank of
both sides of streams and rivers, and the mean high waterline of tidal waters.
j. All roof drains shaii terminate at ieast 50' from the normal pool of impounded structures,
the banks of rivers and streams and the Mean High Waterline of tidal waters.
k. Each designated curb outlet swale or 100' .vegetated area shown on the approved plan
must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter,
have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either a
dedicated common area or a recorded drainage easement.
I. Any individual or entity found.to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in N.C.G.S. 143, Article 21.
9. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date
of recording:
10. 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. Redesign or addition to the approved amount of built -upon area or to the drainage area.
c. Further subdivision, acquisition or sale of the proiect area in whole or in part. 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.
d. Filling in, piping, altering, modifying, removing, relocating, or redirecting any runoff
conveyance shown on the approved plan, except for a minimum driveway crossing
e. The construction of any future BUA noted on the application.
f. The construction of permeable pavement for BUA credit.
11 All stormwater conveyances will be located in either public rights -of -way, dedicated common
areas or drainage easements. The final plats for the project will be recorded showing all such
required rights -of -way, common areas and easements, in accordance with the approved plans.
12. The permittee must certify in writing that the project's stormwater controls, and impervious
surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification. The
permittee shall submit the Certification to the Division within 30 days of completion of the
project.
13. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
14. 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.
III. GENERAL CONDITIONS
The Permittee is responsible for compliance with all the terms and conditions of this permit
until such time as the Division approves the permit transfer in writing. Neither the sale of the
project area, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
2. The permit issued shall continue in force and effect until revoked or terminated.
Page 3 of 4

State Stormwater Management Systems
Permit No. SW8 170207
3. This permit is not transferable to any person or entity except after notice to and approval by
the Director. The permittee shall submit a completed and signed Name/Ownership Change
Form, accompanied by the supporting documentation as listed on the form, to the Division of
Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following
events:
a. Any ownership change including:
i. The assignment of declarant rights to another individual or entity;
ii. The sale or conveyance of the project area in whole or in part, except in the
case of an individual iot sale that is made subject to the recorded deed
restrictions;
iii. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
iv. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e)
and NCGS 57D-6-07;
b. Bankruptcy;
c_ Foreclosure, subject to the requirements of Session Law 2013-121;
d. A name change of the current permittee;
e. A name change of the project;
f. A mailing address change of.the permittee;
4. The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and re -issuance, or termination does not stay any
permit condition.
5. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
6. The issuance of this permit does not preclude the PermitteP from complying with and obtaining
any and all other permits or approvals that are required in order for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
7. Any person or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in N.C.G.S. 143, Article 21.
8. Approved plans, application, supplements, operation & maintenance agreements and
specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit. A copy of this permit, application, supplements, the operation
and maintenance agreements, and the approved plans and specifications shall be maintained
on file by the Permittee at all times.
9. The Perm ittee grants permission to DEMLR Staff to enter the property during normal business
hours for the purposes of inspecting the stormwater control system and its components.
10. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual.
Permit issued this the 14th day of March, 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
?ra--------------
c Davi P r:ctor
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 4 of 4

DEMLR USE ONLY
Date Receiv
Fee Pai
ermit Numb r
J
ApplicableRules: ❑ Coastal SW —1995 ❑ Coastal SW — 2008 ❑ Ph h - Post C nstruction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ Mgmt Plan:
State of North Carolina
Department of Environmeni and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Avendale Phase 4
2. Location of Project (street address):
4000 block of NC 210 west of Hampstead
City: Topsail Township County: Pender Zip: 28443
3. Directions to project (from nearest major intersection):
From Hampstead, take NC 210 west approximately 5 miles. The project is on the right just before the
Harrisons Creek bridge.
4. Latitude: 34° 23' 20" N Longitude: 77° 46' 15" W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): NNew ❑Modification ❑ Renewal w/ Modificationt
tRenewals with modifications also requires SVVU-102 - Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density []High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned applicati
DEMLR requesting a state stormwater management permit application, list the st ""'0t
if assigned, and the previous name of the project, if differe aar�ry�ly,�t1
proposed, 6
4. a. Additional Project Requirements (check applicable blanks; information on required siffit.permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ❑Sedimentation/Erosion Control: 78 ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit: pende-2006-327
5. Is the project located within 5 miles of a public airport? NNo ❑Yes
If yes, see S.L. 2012-200, Part VI. httl2:llportal.ncdenr.org/web/lr/rules-and-regulations
Form SWU-101 Version Oct. 31, 2013 Page 1 of 6

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization: Avendale Development, LLC
Signing Official & Title: T.W. Fussell, Manager
b. Contact information for person listed in item 1a above:
Street Address: 405 Elk Summit Drive
City: Todd
Mailing Address (if applicable):
City:
Phone: (336 ) 877-3779
Email: [e-mail]
State: NC Zip: 28684
State: Zip:
Fax: ( 1
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
El Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b. Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City:_
Phone:
Email:
State: Zip:
Fax:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project: E V E IVE
Other Contact Person/Organization:
Signing Official & Title: R JAN Z
b. Contact information for person listed in item 3a above:
Mailing Address:
City:
Phone:
Email:
BY.
State: Zip:
Fax:
4. Local jurisdiction for building permits: Pender County
Point of Contact: Inspections Phone #: (910 ) 259-1201
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Runoff from low density areas with curb and gutter will be treated in curb outlet swales Runoff from other
low density areas will be conveyed by sheet flow and/or vegetated swales to the greatest extent practicable
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
El Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
® Other: SW8 060352 Date: 8/13/2006
b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
® Coastal SW -1995 ❑ Ph II - Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area: 38.62 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area+:38.62 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHM line or Mean High Water
(1✓1'hW) line, and coastal wetlands landward from the NHW (or I line. The resultant project area is used to
calculate overall percent built upon area (B ). Non -coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24.0 %
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
storm -water BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Drama a Area 1
Draina ge Area _
Dramit :.:e Area _ .
Drama e Area
Receiving Stream Name
Harrisons Creek
_
Stream Class *
C; Sw
Stream Index Number *
18-74-49
Total Drainage Area (sf)
1,682,134
On -site Drainage Area (sf)
1,682,134
Off -site Drainage Area (sf)
0
Proposed Impervious Area** s
403,712
% Impervious Area** total
24.0
lm ery ous� Surface Area
Drama .e Area 1
Drama a Area _
Drama e Area _
Drama e Area
On -site Buildings/Lots (sf)
240,000
On -site Streets (sf)
93,462
On -site Parking (sf)
0
On -site Sidewalks (sf)
0
Other on -site (sf)
0
Future (sf)
' 70,250
EA.
Off -site (sf)
0
gy;
Existing BUA*** (sf)
0
Total (sf):
403,712
* Stream Class and Index Number can be determined at: http Yportal.ncdenr.or fcvg eb/wq[ps/csu/classi cations
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new B UA.
Form SWU-101 Version Oct. 31, 2013 Page 3 of 6

11. How was the off -site impervious area listed above determined? Provide documentation. na
Pro aects in Union Countv: Contact DEMLR Central Office staff'to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http: / /Dortal.ncdenr.org/web/wq /ws/su/bmn-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://Qortal.ncdenr.org/web/wq/ws/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq./ws/su/statesw/forms docs.
Initi Is
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants (,
Form. (if required as per Part VII below) I
3. Original of the applicable Supplement Form.(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale. fiECEIVE g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevatio
impounded structures, the banks of streams and rivers, the MHW or NHW line tidu►N Z 2017
waters, and any coastal wetlands landward of the MHW or NHW lines. 11
• Delineate the vegetated buffer landward from the normal pool elevation of iftounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
Form SWU-101 Version Oct. 31, 2013 Page 4 of 6

p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 2994 Page No: 157
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC_
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
h#p://www.secretaly.state.nc.us/Corporations/CSearch.aVx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from httl2:lZportal.ncdenr.org/web/lr/state-stormwater-
forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, 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 NC DEMLR, and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: David L. Menus, P.E.
Consulting Firm:_ Stroud Engineering, P.A.
Mailing Address: 102-D Cinema Drive
City: Wilmington State: NC Zip: 28403
Phone: (910 ) 815-0775 Fax:
Email: [e-mail]
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) na . certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item Ia) na with (print or type name of organization listed in
Contact Information, item Ia) na to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system. ECEIVE
JAIL 2 0 2017
sr: --
Form SWU-101 Version Oct. 31, 2013 Page 5 of 6

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: Date:
I,
a Notary Public for the State of
, do hereby certify that
before me this _ day of
County of
personally appeared
, and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item 1a) T.W. Fussell
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 protective covenants will b ecor , d that the proposed project complies with the requirements of the
applicable stormwater rules i der 1 C 2H 090 and any other applicable state stormwater requirements.
Signature: C Date:
I, K L i h c E . Karr'05JI, a Notary Public for the State of N c- County of
mr w Na hove- r J do hereby certify that T. W . F - sse. I personally appeared
before me this 20 day of Sar+ k a i 2017 and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
IF
-, KEIIIE E. NORRIS
+I Notary Public
C` North Carolina
New Hanover County
L
SEAL
My commission expires 201 `I
�ECEIVED
JAN 2 01017
BY.•
Form SWU-101 Version Oct. 31, 2013 Page 6 of 6

HCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
Permit Numbel�1"' Pj 7,,�a -7
(to be provided by DWQ)
o(1�oF warF9Q�
r
This form must be filled out, nr.',nted and submitted.
The Required Items Checklist (Part Ill) must also be tilled out, printed and submitted along with all of the required information.
L. PROJECT INFORMA71ON
Project name
Contact name
Phone number
Date
Drainage area number
Avendale Phase 4
J W. Fussell
336-877-3779
January 19, 2017
1
11. DESIGN INFORMATION
Site Characteristics
Drainage area
28,484.00 ft2
Impervious area
14,242.00 ft
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10-yr storm runoff depth 7.13 in
10-yr storm intensity 763 in/hr
Post -development 10-yr storm peak flow 2.98 fe/sec
Velocity
Maximum non -erosive velocity (peak 10-year storm) 5.00 ft/sec
Soil characteristics (enter Y' below)
Sand/silt (easily erodible) x
Clay mix (erosion resistant)
Grass Type (enter 'Y below)
Bermuda x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale: y (Y or N)
Maximum velocity 1.18 OK
Side slopes 5.00 :1 OK
Swale length 10000 ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale): n (Y or N)
Maximum velocity for 10-yr storm ft/sec
Side slopes :1
Swale length ft
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 1 of 2

Permit Number:
s�
(to be provided by DWQ)
'Swale Characteristics
Swale Shape: Enter an 'Y' in the appropriate cell below:
Trapezoidal
x
Parabolic
V-shaped
Width of the bottom of the swale
500 ft
Width of the top of the swale
3000 ft
Additional Information
Is the swale sized for all runoff from ultimate build -out?
y (Y or N)
OK
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
y (Y or N)
OK
What is the distance from the bottom of the swale to the SHWT?
1.00 ft
OK
What is the ground level elevation?
9 50 fmsl
What is the elevation of the bottom of the swale?
9.00 fmsl
What is the SHWT elevation?
8.00 fmsl
What is the longitudinal slope of the swale?
0.80 %
OK
What is the depth of freeboard?
OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

AA
rMi
NICDEHR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
Permit Number:
(to be provided by DWQ)
W A7�9QG
y
This form must be filled out, panted and submitted.
The Required Items Checklist (Part /I/) must also be filled out, printed and submitted along with all of the required information.
I. PROJECT INFORMATION
Project name
Contact name
Phone number
Date
Drainage area number
Avendale Phase 4
J.W Fussell
336-877-3779
January 19, 2017
2
II. DESIGN INFORMATION
Site Characteristics
Drainage area
113,665.00 f}2
Impervious area
56,833.00 fe
Percent impervious
50.0% %
Design rainfall depth
1,50 inch
Peak Flow Calculations
10-yr storm runoff depth
7.13 in
10-yr storm intensity
7.63 in/hr
Post -development 10-yr storm peak flow
11.95 ft3/sec
Velocity
Maximum non -erosive velocity (peak 10-year storm)
5.00 ft/sec
Soil characteristics (enter 'Y' below)
Sand/silt (easily erodible)
x
Clay mix (erosion resistant)
Grass Type (enter "x" below)
Bermuda
x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale: y , (Y or N)
Maximum velocity 1.57 OK
Side slopes 5.00 :1 OK
Swale length 100A0 ft OK
Option 2: Swale Seekino Pollutant Credit ("For -Credit" Swale): n (Y or N)
Maximum velocity for 10-yr storm ft/sec
Side slopes :1
Swale length ft
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
Swale Characteristics
Swale Shape: Enter an 'Y' in the appropriate cell below:
Trapezoidal
x
Parabolic
V-shaped
Width of the bottom of the swale
1000 f`
Width of the top of the swale
30.00 ft
Additional Information
Is the swale sized for all runoff from ultimate build -out?
or N)
OK
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
y (Y or N)
OK
What is the distance from the bottom of the swale to the SHWT?
1.00 ft
OK
What is the ground level elevation?
10 70 fmsl
What is the elevation of the bottom of the swale?
10.20 fmsl
What is the SHWT elevation?
9.20 fmsl
What is the longitudinal slope of the swale?
0.40 %
OK
What is the depth of freeboard?
OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

AM
A
HCDENRr
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
Permit Numbel: �lelqi �wa7
(to be provided by DWQ)
ATFRQG
=" r
r
This firm must be filled out, printed and submitted.
The Required Items Checklist (Part lll) must also be filled out, printed and submitted along with all of the required information.
I, PROJECT INFORMATION
Project name
Avendale Phase 4
Contact name
J.W Fussell
Phone number
336-877-3779
Date
January 19, 2017
Drainage area number
3
III. DESIGN INFORMATION
Site Characteristics
i
Drainage area
58,343.00 fe
Impervious area
29,172 00 ft
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10•-yr storm runoff depth
10-yr storm intensity
Post -development 10-yr storm peak fiow
Velocity
Maximum non -erosive velocity (peak 10-year storm)
Soil characteristics (enter 'Y' below)
Sand/silt (easily erodible)
Clay mix (erosion resistant)
Grass Type (enter "x" below)
Bermuda
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale:
Maximum velocity
Side slopes
Swale length
Option 2: Swale Seekinq Pollutant Credit ("For -Credit" Swale):
Maximum velocity for 10-yr storm
Side slopes
Swale length
r.13 In
763 in/hr
6.13 ft'/sec
5.00 ft/sec
x
x
y (Y or N)
1.92 OK
5.00 :1 OK
10000 ft OK
n (Y or N)
ft/sec
:1
ft
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
'Swale Characteristics
Swale Shape: Enter an 'Y' in the appropriate cell below:
Trapezoidal
X
Parabolic
V-shaped
Width of the bottom of the swale
10.00 ft
Width of the top of the swale
30.00 ft
Additional Information
Is the swale sized for all runoff from ultimate buiid-out?
y (Y or N)
OK
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
y (Y or N)
OK
What is the distance from the bottom of the swale to the SHWT?
1.00 It
OK
What is the ground level elevation?
12.00 fmsl
What is the elevation of the bottom of the swale?
1150 fmsl
What is the SHWT elevation?
10.50 fmsl
What is the longitudinal slope of the swale?
3.20 %
OK
What is the depth of freeboard?
100 ft
OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

Permit Numbe'��'?/74!��1%
(to be provided by DWG)
0
��wnrE9
o�' PG
CC 4j Y
GNR j r
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part Ill) must also be filled out, printed and submitted along with all of the required information.
I. PROJECT INFORMATION _
Project name
Contact name
Phone number
Date
Drainage area number
II: DESIGN .INIFOPWATIOI
Avendale Phase 4
J W Fussell
336-877-,779
January 19, 2017
4
Site Characteristics
Drainage area
70,604,00 ftz
Impervious area
35,302,00 fe
Percent impervious
50.0% %
Design rainfall depth
150 inch
Peak Flow Calculations
10-yr storm runoff depth 7,13 in
10-yr storm intensity 763 in/hr
Post -development 10-yr storm peak flow 7.42 ff/sec
Velocity
Maximum non -erosive velocity (peak 10-year storm) 5.00 ft/sec
Soil characteristics (enter'Y below)
Sand/silt (easily erodible) x
Clay mix (erosion resistant)
Grass Type (enter "x" below)
Bermuda x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale: y (Y or N)
Maximum velocity 1.90 OK
Side slopes 5,00 :1 OK
Swale length 10000 ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale): n 0 or N)
Maximum velocity for 10-yr storm ftlsec
Side slopes :1
Swale length ft
Form SW401-Grassed Swale-Rev.4 Parts I and H. Project Design Summary, Page 1 of 2

Permit Number.
(to be provided by DWQ)
Swaie Characteristics
Swale Shape: Enter an ;r. the appropriate cell below:
Trapezoidal
Parabolic
V-shaped
Width of the bottom of the swale
Width of the top of the swale
Additional Information
Is the swale sized for all runoff from ultimate build -out?
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
What is the distance from the bottom of the swale to the SHWT?
What is the ground level elevation?
What is the elevation of the bottom of the swale?
What is the SHWT elevation?
What is the longitudinal slope of the swale?
What is the depth of freeboard?
Iz,uu TT
30.00 ft
y (Y or N) OK
y (Y or N) OK
1.00 ft OK
11.50 fmsl
11 M fmsl
10 00 fmsl
2.90 % OK
1.00 ft OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

Permit NumbeS
(to be provided by DWQ)
WVIAT�
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part I//) must also be filled out, printed and submitted along with all of the required information.
L PROJECT INFORMATION
Project name
Contact name
Phone number
Date
Drainage area number
Avendale Phase 4
J W Fussell
336-877-3779
January 19, 2017
5
Ill. DESIGN INFORMATION
Site Characteristics
Drainage area
108;355 00 ftz
Impervious area
54,178.00 fe
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10-yr storm runoff depth
7,13
in
10-yr storm intensity
7.63
inlhr
Post -development 10-yr storm peak flow
11.35
fO/sec
Velocity
Maximum non -erosive velocity (peak 10-year storm)
5.00 ft/sec
Soil characteristics (enter "x" below)
Sand/silt (easily erodible)
x
Clay mix (erosion resistant) _
Grass Type (enter "x" below)
Bermuda
x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale:
y
(Y or N)
Maximum velocity
1.90
OK
Side slopes
5,0..0
:1 OK
Swale length
100.00
ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale):
n
(Y or N)
Maximum velocity for 10-yr storm
ft/sec
Side slopes
:1
Swale length
ft
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
Swale Characteristics
Swale Shape: Enter an 'Y in the appropriate cell below:
Trapezoidal
Parabolic
V-shaped
Width of the bottom of the swale
Width of the top of the swale
Additional Information
Is the swale sized for all runoff from ultimate build -out?
Is the BMP located in a proposed drainage easement with a
recorded access easement to a pub;ic Right of Way (ROW)?
What is the distance from the bottom of the swale to the SHWT?
What is the ground level elevation?
What is the elevation of the bottom of the swale?
What is the SHWT elevation?
What is the longitudinal slope of the swale?
What is the depth of freeboard?
1200.ft
3000 ft
y (Y or N) OK
y (Y or N) OK
1.00 ft OK
11.00 fmsl
1.30 % OK
OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

���A
A, .
NCO NR.
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
Permit Number�-_�v ! wK
(to be provided by DWQ)
of W ATF
This form must be filled out, rented and submitted.
The Required Items Checklist (Part III) must also be filled out, printed and submitted along with all of the required information.
t. PROJECT INFORMATION
Project name
Contact name
Phone number
Date
Drainage area number
Avenaale vnase 4
eR111MQMrsa1�
336-877-3779
January 19, 2017
6
ll. DESIGN INFORMATION
Site Characteristics
Drainage area
27,793.00 ft2
Impervious area
13,897,00 ftz
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10-yr storm runoff depth 7.13 in
10-yr storm intensity 7.63 in/hr
Post -development 10-yr storm peak flow 2.93 f?/sec
Velocity
Maximum non -erosive velocity (peak 10-year storm) 5.00 ft/sec
Soil characteristics (enter'Y' below)
Sand/silt (easily erodible) x
Clay mix (erosion resistant)
Grass Type (enter "x" below)
Bermuda x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale: y (Y or N)
Maximum velocity 1.29 OK
Side slopes 500 :1 OK
Swale length 100.00 ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale): n (Y or N)
Maximum velocity for 10-yr storm ft/sec
Side slopes ;1
Swale length ft
Form SW401-Grassed Swale-Rev.4 Parts I and H. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
Swale Characteristics
SwalevShape: Enter an 'Y' in the appropriate cell below:
Trapezoidal
Prgrabolic
V-shaped
Width of the bottom of the swale
Width of the top of the Swale
Additional Information
Is the swale sized for all runoff from ultimate build -out?
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
What is the distance from the bottom of the swale to the SHWT?
What is the ground level elevation?
What is the elevation of the bottom of the swale?
What is the SHWT elevation?
What is the longitudinal slope of the Swale?
What is the depth of freeboard?
5.00 ft
30.00 ft
y (Y or N) OK
y (Y or N) OK
1.00 ft OK
10 00 fmsl
9.50 fmsl
8.50 fmsl
1.10 % OK
100 ft OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

�1
NCDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
Permit Number_ �YY/ _��'
(to be provided by DWQ)
oa�F W A7Lr
This form must be filled out, ponied and Swibmifferi
The Required Items Checklist (Part Ill) must also be filled out, printed and submitted along with all of the required information.
I. PROJECT fNFORMATI0N
Project name
Contact name
Phone number
Date
Drainage area number
Avondale Phase 4
d vv russell
336-877-3779
January 19, 2017
7
11. DESIGN INFORMATION
T�
Site Characteristics
Drainage area
65,410.00 ftz
Impervious area
32,705.00 ft
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10-yr storm runoff depth
713
in
10-yr storm intensity
7.63
in/hr
Post -development 10-yr storm peak flow
6.87
elsec
Velocity
Maximum non -erosive velocity (peak 10-year storm)
5.00 ftlsec
Soil characteristics (enter "x" below)
Sand/silt (easily erodible)
x
Clay mix (erosion resistant)
Grass Type (enter "x" below)
Bermuda
x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale:
y
or N)
Maximum velocity
1.91
OK
Side slopes 500 :1 OK
Swale length 100.00 ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit' Swale): n (Y or N)
Maximum velocity for 10-yr storm ft/sec
Side slopes :1
Swale length ft
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
Swale Characteristics
Swale`Shape: Enter an 'Y' in the appropriate cell below:
Trapezoidal
x
Parabolic
V-sh,,ped
Width of the bottom of the Swale
5.00 ft
Width of the top of the Swale
30.00
Additional Information
Is the swale sized for all runoff from ultimate build -out?
y (Y or N)
OK
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
y (Y or N)
OK
What is the distance from the bottom of the swale to the SHWT?
1.00 ft
OK
What is the ground level elevation?
15.50 fmsl
What is the elevation of the bottom of the swale?
'15 00 fmsl
What is the SHWT elevation?
14.00 fmsl
What is the longitudinal slope of the swale?
0.80 %
OK
What is the depth of freeboard?
100 It
OK
Form SW401-Grassed Swale-Rev.4 Parts I and 11. Project Design Summary, Page 2 of 2

Permit Number��,!;Z&�,7
(to be provided by DWQ)
o�'�� W ArFAQG
AAl.
MCDENR r
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
GRASSED SWALE SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part I11) must also be filled out, printed and submitted along with all of the required information.
PROJECT INFORMATION
Project name
Contact name
Phone number
Date
Drainage area number
Avendals Phase 4
J.W. Fussell
336-877-3779
January 19, 2017
8
It, DESIGN INFORMATION
Site Characteristics
Drainage area
69,533,00 fe
Impervious area
34,767.00 fe
Percent impervious
50.0% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
10-yr storm runoff depth
9
in
10-yr storm intensity
, ,63
in/hr
Post -development 10-yr storm peak flow
732
ft (sec
Velocity
Maximum non -erosive velocity (peak 10-year storm)
5.00 ff/sec
Soil characteristics (enter "x" below)
Sand/silt (easily erodible)
x
Clay mix (erosion resistant)
_
Grass Type (enter "x" below)
Bermuda
x
Tall fescue
Bahiagrass
Kentucky bluegrass
Grass -legume mixture
Swale type: Fill out one of the options below:
Option 1: Curb Outlet Swale:
ty
(` or N)
Maximum velocity
1.77
OK
Side slopes
5.00
:1 OK
Swale length
100.00
ft OK
Option 2: Swale Seeking Pollutant Credit ("For -Credit" Swale):
n
(Y or N)
Maximum velocity for 10-yr storm
ft/sec
Side slopes
:1
Swale length
ft
Form SW401-Grassed Swale-Rev.4 Parts i and II. Project Design Summary, Page 1 of 2

Permit Number:
(to be provided by DWQ)
Swale Characteristics
Swale Shape: Enter an Y in the appropriate cell below:
Trapezoidal
Parabolic
V-shaped
Width of the bottom of the swale
Width of the top of the swale
Additional Information
Is the swale sized for all runoff from ultimate build -out?
Is the BMP located in a proposed drainage easement with a
recorded access easement to a public Right of Way (ROW)?
What is the distance from the bottom of the swale to the SHWT?
What is the ground level elevation?
What is the elevation of the bottom of the swale?
What is the SHWT elevation?
What is the longitudinal slope of the swale?
What is the depth of freeboard?
500 ft
30.00 ft
y (Y or N) OK
y (Y or N) OK
1.00 ft OK
18.50 fmsl
18.00 fmsi
17.00 fmsl
0.50 % OK
1.00 ft OK
Form SW401-Grassed Swale-Rev.4 Parts I and II. Project Design Summary, Page 2 of 2

Low Density Residential Subdivisions with Curb Outlet Swales
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for Low Density Residential Subdivisions with curb
outlet swales, where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built -upon" area consistent with the applicable
regulation governing the density !eve;.
1, J.W. Fussell, acknowledge and affirm by my signature beiow, that i will cause the following deed
restrictions and protective covenants to be recorded for Avendale Phase 4 prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 , as issued by the Division of Water Quality under the
Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 4000 square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved
plan must be maintained at a minimum of 100` long with 5.1 (H: V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner,
and maintain a dense vegetated cover.
9. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
10. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface
waters.
11. All roof drains shall terminate at least 50 foot from the mean high water mark of surface waters.
12. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons. E C E I V L
JAN 2 0 2017
6Y.
Form DRPC-6 Rev2 05Nov200.9 Page 1 of 2

Low Densitv Resifilential Subdivisions with Curb Outlet Swales
Deed (est 'c ' ns & Protective Covenances
Signature: Date:
I,2 , a Notary Public in the
A�1� Z- V�'d
State of N. C , County of / lc w Pa.r) o v c r
do hereby certify that T.- W , F"5sc / personally appeared
before me this the 2c2 day of Tanuay-w , 20=1, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
�, SEAL
•'.;•• WLIE E. NORRIS
Si ature 't:4 Notary Public
•: '� North Carolina
My Commission expires 3 5 1 12-o I "t New Hanover County
�ECEIVE�
JAN 2 0 2017
BY.
Form DRPC-6 R.ev2 05Nov2009 Page 2 of 2

Pusey, Steven
From: Luke Menius <[e-mail]>
Sent: Tuesday, March 14, 2017 4:36 PM
To: Pusey, Steven
Subject: Re: Avendale Phase 4
Some open space was needed for the % BUA. That particular location was used because there was some
agreement that the 1-3 folks had some creek front open space.
From: Pusey, Steven <[e-mail]>
Sent: Tuesday, March 14, 2017 4:33 PM
To: Luke Menius
Subject: RE: Avendale Phase 4
Good catch on that one. I will proceed with the permit. I guess that area was needed to keep the low density permit
status?
Steve
From: Luke Menius [mailto:[e-mail]]
Sent: Tuesday, March 14, 2017 3:43 PM
To: Pusey, Steven <[e-mail]>
Subject: Re: Avendale Phase 4
The northwestern most corner of the project is open space that remains with phases 1-3 and the original
permit, so the 30' buffer applies. I've attached a red line drawing of this project area.
You are correct that the portion of the project area that was severed off will be a new permit and has been
designed to the more stringent 2008 rules. This includes the 50' buffer and the 24% impervious limit.
Thanks for looking in to this and let me know if you have any additional questions.
From: Pusey, Steven <[e-mail]>
Sent: Tuesday, March 14, 2017 2:39 PM

To: Luke Menius
Subject: Avendale Phase 4
Lu ke,
Upon review of the subject project, I noticed that you have both a 50' stream buffer and a 30' stream buffer
for this phase 4 part of the project. I believe this should be all be 50' buffer as I am permitting this phase
under the 2008 Rules with a 1.5" design storm, the addition of one lot, and 24% density.
Please advise whether you agree. If so, please change the notes on the plan and show a 5U' buffer on the
entire length of the creek.
Thanks,
Steve
SteUP,J?145e�
Steve Pusey
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven. Pusey(a)-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
2

Completeness Review Checklist
Project Name:A ve-'I cf&4 k� Received Date: ��� Zv Z.XZ
Project Locati ,� ����,�, Cc� Accepted Date:
Rule(s) U2008 Coastal - 1995 Coastal Phase II (WiRO.) Universal �1988 Coastal
Type of Permit Ne or Mod or PR [Existing Permit # (Mod or PR): nPE Cert on File?
Density: H.D or LD Type: Ccmnnercial or Residential r7NCG:
%: M(% OK?) Stream Class: 1:15A Map MOffsite to SW8
Subdivided?: Subdivision or Single Lot IMORW Map nExempt
Paperwork Emailed Engineer on:
upplement(s) (1 original per BMP) BMP Type(s):
n6&M with correct/original signatures !l original per BMP except LS/VFS and swales)
application with correct/original signatures eed
t3l'orp or LLC: Sig. Auth. per SoS or letter 11 'nail Address: Design Engineer
`505 (within 6mo) mail Address: Owner
Lei Cfl 3 � ✓� �_�
Soils Report with S WT
❑A"j 0'� 6 4t O 3 Note to Reviewer:
L, __ culations (sinned/sealed) b`° 3 "-a, -k
MNo obvious errors
u,M1u k� �-�.�� �..,-.-..� pr.r•.,�-• �, r,� '6 Ste+.
Density includes common areas, etc
Restrictions, if subdivided:
gned & Notarized
ui Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest
Plans
r2Sets etails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
rading [Wetlands: Delineated or No Wetlands
icinity Map ayout (proposed BUA dimensions)
E]4fe"gend O—DA Maps i5ct Boundaries
Infiltration Wet Pond Offsite
Soils Report Soils Report MPE Cert for Master Lot #:
SHWT: SHWT: re--" Rest for Master Lot # Matches Master
Bottom: PP: BUA Permitted ("faster): sf
Visited: BUA Proposed (Offsite): sf
Additional Information:
Permitted Proposed: Proposed: Proposed:____ _
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
7

Avendale Phase 4; Stormwater Permit SW$ 170207 - Casmer, Jo Page 1 of 1
Aveo-dale Phase 4; Stormwater Permit SW8170207
Casmer, Jo
Mon 2/13/2017 4:20 PM
[e-mail] <[e-mail]>; Luke Menius <[e-mail]>;
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater
Section) accepted the Stormwater Permit Application and $505.00 fee on February 13, 2017. The project
has been assigned to Steve Pusey and you will be notified if additional information is needed. Please be
advised that the construction of built -upon area may not commence until the Stormwater Permit is issued.
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
io.casmer(@__ncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third Parties.
https://outlook.off ce365.corn/owa/?viewmodel=ReadM,essageItem&ItemID=AANIkADJ1... 2/13/2017

0
STROUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
[phone]
TOek
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
dIE4411n OCR u D e Gr1@xDVV11
DATE
/ 2� ►
JOB NO.
v-sv
ATTENTIO
RE:
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
d
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
El
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNtD:
If enclosures are not as noted, kindly notify us at once.

STROUD ENGINEERING, P.A.
TCONSULTING ENGINEERS
�+ 102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
January 19, 2017
NCDENR
127 Cardinal Drive
Wilmington, North Carolina 28405
attn: Linda Lewis
Re: Avendale
Phase 4
Linda,
Please find the attached plans, application and supporting documents for a new low density curb
and gutter stormwater permit for phase 4 of the Avendale subdivision. This phase is being
removed from the SW8 060352 project area and is designed in accordance with current low
ensity regulations which limit the BUA to 24%.
Please note that this modification proposes no changes to drainage areas or BMPs which are to
remain in the SW8 060352 project area and that I am submitting a separate application
simultaneously which seeks to modify SW8 060352 by removing the 38.62 acres which
constitute the low density cM and gutter phase 4.
Thank you for your attention to this matter. Please let me know if you have any questions or
concerns as you review either of these projects.
Respectfully,
David L. Menus, P.E.
Stroud Engineering, PA
IA" 2 0 2011
ev
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

Project Narrative
Avendale Subdivision
1/20/2017
Introduction
The Avendale subdivision is situated on a 99.64 acre parcel and will consist of 212 residential units at build
out. Of these, 166 will be traditional single family homes and 46 will be cottage style townhome units.
The site is located on NC 210 approximately 5 miles west of Hampstead.
Roadways
Access to the site is by way of two driveways along NC 210. Roads are designed to meet NCDOT
subdivision road standards and will be dedicated as private. Sidewalks are provided along the frontage of
lots 1-23. Maintenance of roadways and sidewalks shall be the responsibility of the home owner's
association.
Public Utilities
All units are afforded public water and sewer service. Water mains in the subdivision are owned and
operated by Pender County Utilities. The site is sewered by gravity mains which are owned and operated
by Aqua North Carolina. Wastewater is treated and disposed of onsite by a treatment facility and high rate
infiltration system owned and operated by Aqua North Carolina.
Stormwater Management
The stormwater management system for Avendale consists of 2 separate systems which are permitted
separately. Permit # SW8 060352 covers phases 1-3. The permit for phase 4 is pending.
The overall impervious area of Avendale phases 1-3 is 30%. There are two drainage basins which are
treated by wet ponds due to the density of impervious areas and/or the use of a piped collection system.
Phases 1 and 3, which drain to pond A, are comprised of traditional single family lots. A piped collection
system was utilized due to the topography in this area. Runoff from phases 1 and 3 which is generated by
or directed to the streets and the piped collection system is treated as high density runoff. Phase 2, which
drains to pond B, is a detached townhome development which qualifies as a pocket of high density and
utilizes a piped collection system. All runoff from impervious surfaces in phase 2 is directed to the pond.
The overall impervious area of Avendale phase 4 is 24%. Phase 4 is similar to phases 1 and 3 in that it
features single family homes along with curb and gutter. The topography and soils in phase 4 enable a
traditional low density curb and gutter system to be utilized. Runoff from phase 4 which is generated by or
directed to the streets and the curb outlet system is treated in vegetated swales.
Erosion Control
Silt fence will be used to contain sediment around portions of the site which will drain towards adjoining
property or wetlands. The curb outlet swales will be used to direct drainage to temporary sediment traps at
the perimeter of the project. Hardware cloth and gravel type protection is proposed at curb inlets and at the
ends of curb outlet flumes. Stone construction entrances will be used at both ties to existing roadways to
prevent transport of sediment away from the jobsite.
ECEIVE
JAN 2 0 2017
Y.

AVENDALE PHASE 4
NCDEQ STORM"J1r'ATER
MANAGEMENT CALCULATIONS
OWNER:
AVENDALE DEVELOPMENT, LLC
405 ELK SUMMIT DRIVE
TODD, NC 28684
STROUD ENGINEERING, P.A.
102 D CINEMA DRIVE
WILMINGTON, N.C. 28403
[phone]
G A RQ
lo
•d SEAL. 9r
35677
GIN ti'•
I 20 �Zo ► �RECEIVE
14 JANZp
ZOf/
BY.

CURB OUTLET SWALE CALCULATIONS-10 YEAR
PROJECT: AVENDALE PHASE
PROJECT#: PW-598
DATE 1202017
NOTES:
CHECK USING MANNING EQUATION
ESTMATED TIME OF CONCENTRATON =
10 MIN PER SOILS AND TOPOGRAPHY
RESULTING 10 YEAR STORM INTENSITY =
7.53 INIHR PER NHC
SWALE DA PERCENT IMPERVIOUS=
50%
RESULTING"C"=
0.6
MANNING 'N'VALUE=
QD4 CHANNELWITH BERMUDA GRASS
SWALE SIDE SLOPES=
0.2 VM
DESIGN UTILIZES A CONSERVATIVE ESTIMATE OF 50%BUA FOR PERMANENT SWALES DUE TO UNCERTAINTY OF LOT IMPROVEMENTS
SWALE
NUMBER
DRAINAGE
AREA
IMPERVIOUS
AREA(AC)
PERVIOUS
AREA j
RUNOFF
RATE CFS
SWALE
SLOPE(FT
BOTTOM
WIDTH FT
RUNOFF
DEPTH FT
ALLOWABLE
VELOCITY
RUNOFF
VEL (FPS)CAPACITY
SWALE
RUNOFF
VELOCITY
SWALE 1
0.65
0.33
0.33
2.98
0.020
5.0
0.34
2.00
1.46
OK
OK
SWALE 2
3.30
1.65
1.65
15.11
0.004
10.0
0.77
2.00
1.78
OK
OK
SWALE 3
1.34
0.67
0.67
6.13
0.032
10.0
0.29
2.00
1.92
OK
OK
SWALE 4
1.62
0.81
0.81
7.42
0.029
12.0
0.30
2.00
1.90
OK
OK
SWALE 5
2A8
1.24
1.24
11.35
0.013
12.0
0.48
200
1.90
OK
OK
SWALES
0.64
0.32
0.32
2.93
0.011
5.0
0.38
200
1.29
OK
OK
SWALE7
1.50
0.75
0.75
6.87
0.008
5.0
0.80
200
1.91
OK
OK
SWALE 8
1.80
0.80
0.80
F.
0.005
5.0
0.69
200
1.77
OK
OK
BYPASS SWAI,E CALCULATIONS-10 YEAR
PROJECT: RIVER OAKS SECTION 8 PHASE 1
PROJECT#: PW-103-8
DATE: 6252014
NOTES:
CHECK USING MANNING EQUATION
MANNING "N" VALUE - 0.04 CHANNEL WITH BERMUDA GRASS
SWALE SIDE SLOPES = .333 VM
SWALE DRAINAGE ESTIMATED RESULTING ESTIMATED RESULTING RUNOFF SWALE BOTTOM RUNOFF ALLOWABLE RUNOFF SWALE RUNOFF
NUMBER AREA (AC) BUA% "C Tc (MIM "I' RATE ICFSI SLOPE(FTIFTfI5 WIDTH(FT) DEPTHfFT1 VELOCITY VEL FPS)
CAPACITY vci OCIY
SWALE9 8.30 30_ 0.43 30 4.88 1879 0007 I Inn n72 enn 212 OK

9 ECEIVE
JA►N 2 0 201?
BY:

w
LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Avendale Development, LLC
SECRETARY OF STATE ID NUMBER: 0839528 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2018
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Fussell, J. W.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
405 Elk Summitt Drive
Todd, NC 28684-9133 Ashe Countv
SECTION B: PRINCIPAL OFFICE INFORMATION
Fling Office Use Only
E-Filed Annual Report
0839528
CA201603400874
2/3/2016 01:18
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
405 Elk Summitt Drive
Todd, NC 28684-9133
1. DESCRIPTION OF NATURE OF BUSINESS: Land Development
2. PRINCIPAL OFFICE PHONE NUMBER: [phone]
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
405 Elk Summitt Drive
Todd, NC 28684-9133
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
405 Elk Summitt Drive
Todd, NC 28684-9133
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: J W Fussell NAME:
TITLE: Manager TITLE:
NAME:
TITLE:
ADDRESS: ADDRESS: ADDRESS:
405 Elk Summitt Drive VJAN
I
Todd, NC 28684 2017
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety b�%:person usiness entity.
J W Fussell
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
J W Fussell
Print or Type Name of Company Official
2/3/2016
DATE
Manager
Print or Type The Title of the Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525

HIDER CUUKTY AC 33
06/30/ZpD6
ffrA7E $6300.00 FILED
�qOL NA Real Estate
Excise Tax 06 JUN 30 PM 4- 18
J�r",r/O�E K SWICECOOD
PIV 3� oia ;; COUNTY. NC
TaF+
NORTH CAROLINA GENERAL WARRA Tv DE
PK2994PG 157
ED
oy end Ve0fred
Registe, - cegood
ceder CoUntyC�
STATE OF NORTH CAROLINA PIN: 3273-15-5730-0000
ALT PIN•
COUNTY OF FENDER xcis Tax $6,300.0 /
This instrument was prepared James Brandon
The attorney preparing this inst ument has made no record search
or title examination as to the property herein described, unless
the same is shown by his written and signed certificate.
Further no tax advice of any nature has been rendered to the
parties to this instrument.
Brief description for the index: 102.72 Acre E/S 210 Harrison Crk
THIS DEED, made this 23rd day of June, 2006, by and between,
DOROTHY LEA MEDLIN and husband, DWIGHT TYRONE MEDLIN
BERT L. LEA, JR. and wife, BARBARA P. LEA
JUDY LEA LANE and husband CHARLEs m. LANE
(hereinafter called "Grantor"); and
AVENDALE DEVELOPMENT, LLC,
a North Carolina Limited Liability Company,
whose mailing address, is
P. O. Box 1069, Hampstead, North Carolina 28443
(hereinafter called "Grantee").
The ddsignation Grantor and Grantee as used herein shall include
said parties, their heirs, successors and assigns, and shall
include singular, plural, masculine, feminine or neuter as .
required by context.
W I T K E S S E T
THAT WHEREAS, the said Grantor for a valuable consideration
paid by the Grantee, receipt of which is hereby acknowledged, has
bargained and sold, and by these presents does hereby grant,
bargain, sell and convey unto the said Grantee in part fee simple
absolute and in part fee simple defeasible, the following
described lot or parcel of land located in
Topsail Township, Pender County, North Carolina:
ECEIVE
JAN 10 2017
BY:

V2994H I so
Being all that certain 102.72 Acre Tract on the East side
Of NC 210 and more particularly described on the attached
Exhibit A which is incorporated by reference as if fully
set forth herein.
Subject to all matters set forth on the attached Exhibit A
and hereinbelow.
The property hereinabove described was acquired by Grantor by
instrument(s) recorded in Book _914_ at Page _141_ and Book _941_
at Page _312_ of the Pander County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and
all privileges and appurtenances thereto belonging to the Grantee
in part fee simple absolute and in part fee simple defeasible.
And the Grantor covenants with the Grantee, that Grantor is
seized of the premises in fee simple, has the right to convey the
same in fee simple, that title is marketable and free and clear of
all encumbrances, and that Grantor will WARRANT and DEFEND the
title against the lawful claims and demands of any and all persons
whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the
following exceptions:
1. Ad valorem taxes for 2006 and subsequent years.
2. General utility service easements and rights of way of
record.
3. That portion of the property within the right of way of NC
Fiwy 210.
4. Matters shown on maps recorded in the Pander County
Registry.
5. The defeasible quality of the estate as set forth on the
attached Exhibit A.
6. Applicable local, county, state or federal government laws
or regulations relat�ye to environment, zoning, subdivision,
occupancy, use or construction of the subject property.
[This deed contains three separate signature pages]

Bit2994PG 159
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
Deed dated June 23, 2006; PIN 3273-15-5730-0000
DOROTHY LEA MEDLIN and husband, DWIGHT TYRONE NEEM N
STATE OF &A
COUNTY OF
I certify that the following person(s), know to me or proved to me
on the basis of satisfactory evidence to be the person(s)
described, personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the
foregoing document for the purposes stated therein and in the
capacity indicated:
DOROTHY LBA =DLIN and MQHT TYRON'E 1ULDLYPY
Date: /� ��� O(��, ^C
(Signature of Notary)
)ffi ' a1) Z/n-IA O e,44- , Notary Public
° a•HC(j� . Printed or typed name
yr -.� My commission expires; �1S fiJ
,oTAAy J.,.aw.a
s �.L a. p�
�: �18� i .ty ape ,,.•.....,
' .R•.....r �' ', $ �,,TAF?1.
.off ;• `°U$L���

B,M2994P.G [ GO
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
(SEAL)
LEA, J12.
A�CI Ndi( A- 6 L - -(SEAL)
BARBARA P. LEA
Deed dated June 23, 2006: PIN 3273-15-5730-0000
BERT L. LIRA, JR. and wife, BARBARA p. LEA
STATE OF AloA C4,,ohm
COUNTY OF �.
I certify that the following person(s), know to me or proved to me
on the basis of satisfactory evidence to be the person(s)
described, personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the
foregoing document for the purposes stated therein and in the
capacity indicated:
RERT L. LA, JR and BARBARA F I,gA
Date: •' vv6a �1&,41 r.
(Signature of Notary)
( Of f i eta 1)/nc4f
Printed or typed name
.r'.••••.., My comminsiorr, expires:
v '
C
Notary Public

RX2994PG 161
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
Q �, -""411. 1, a . - Y, � ,
(SEAL)
l .liCdt ['j t Ai e (SEAL)
CHARLES M. LANE
Deed dated June 23, 2006; PIN 3273-15-5730-0000
JUDY LEA LANE and husband CHARLEs M. LANE
STATE OF Oi DIf A
COUNTY OF _ Mendee
I certify that the following person(s), know to me or proved to me
on the basis of satisfactory evidence to be the person(s)
described, personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the
foregoing document for the purposes stated therein and in the
capacity indicated:
MAY LEA LAM and MRIM X. mpg
Date : U lF / 7yAW-, c.-
(Signature of Notary)
(Offi QP:A' )
.z
Off!
. .� Af18LXrj
ui k- , Notary Public
Printed or typed name
My commission expires:
41 4s`• •+
sS J111ja c) : o
` 4j coin

OK2994PG162
Exhibit A
Lying and being in Topsail Township, Pen.der Co„ntn North Carolina Q-1 ,r...�
a,
particularly described as follows:
Being all that certain tract of land containing 102.72 acres as shown on map entitled "A
Survey for Bert L. Lea, Jr., Dorothy Lea Medlin and Judy Lea Lane" recorded in Map
Book 30 at Page 95 of the Pender County Registry, reference to which said map is hereby
made for a more particular description.
Less and except from the hereinabove-described 102.72 acre tract 3 medium priced
residential building lots, said lots to be shown on a map recorded in the Pender County
Registry and mainly platted on that portion of the hereinabove-described 102.72 acre
tract that lies between two lines running parallel to NC Hwy 210 and located 400 feet and
800 feet from the eastern right of way line of NC Hwy 210 (an approximate 25 acre
portion of the hereinabove-described 102.72 acre tract originally intended to be Phase 3
lots in the development), said lots to be chosen in the sole and absolute discretion of the
Seller within 30 days after the map defining the lots in the area or any portion of the area
is recorded, which shall be completed by the Grantee within the 36 month period next
following the recording of this deed. And W. James Brandon, the Trustee set forth in the
Contract Of Purchase And Sale dated July 1, 2005 between The Grantor as Seller and
Coastal Investments of NC, LLC as Buyer, shall be empowered with the authority to
make the conveyance to Grantor, and said conveyance shall be binding on both Grantor
and Grantee herein. And further, W. James Brandon, as the said Trustee, without the
joinder of the Grantor is granted the authority to release portions or all of the property
from the interest of the irantor in the defeasible fee of the Grantee set forth herein.