SW8020510_Historical File_20070215

F WAxF
O /Q Michael F. Easley, Governor
O� QG
William G. Ross Jr., Secretary
t— North Carolina Department of Environment and Natural Resources
`C Alan W. Klimek, P.E. Director
Division of Water Quality
February 15, 2007
Bert Exum, President
WDV, LLC
PO Box 1967
Wilmington, NC 28402
Subject: Stormwater Permit No. SW8 020510 Modification
Waterford
High Density Subdivision Project
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Waterford on February 9, 2007. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth
in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 020510 Modification, dated
February 15, 2007, for the construction of the project, Waterford.
This permit shall be effective from the date of issuance until February 15, �2017, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, -requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Rhonda Hall, or me at [phone].
Sinc yarBeck
r
Regional Supervisor
Surface Water Protection Section
ENB/rbh: S:VNQS\STORMWAT\PERMITi020510Mod.feb07
cc: Davis Fennell, Cape Fear Engineering, Inc.
Brunswick County Inspections
Rhonda Hall
Wilmington Regional Office
Central Files 1 o Carolina
turullry
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.ora Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 020510 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Bert Exum, WDV, LLC
Waterford
Brunswick County
FOR THE
construction, operation and maintenance of a non -discharging series of wet detention
ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to
as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until February 15, 2017 and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on pages 3, 4and 5 of this permit. Tract A of the
subdivision includes roadways and sidewalks and is allocated a total of 243,889
ft2 built -upon area. Tract B of the subdivision is permitted for 163 lots, each
allowed a maximum amount of built -upon area as follows: Lots 1-45 @ 3,600 ft2,
Lots 46-102 @ 5,800 ft2, Lots 103-130 @ 4,500 ft2, and Lots 131-163 @ 5,000
ft2. Tract C of the subdivision is permitted for 96 lots, each allowed a maximum
amount built -upon area of 3,600 W. Tract D of the subdivision includes the
amenity center for the development and is allocated a total of 146,797 ft2 built -
upon area. Tract E is future development and is allocated a total of 653;400 ft2
built -upon area. Tract F is future development and is allocated a total of 120,661
ft2 built -upon area. Tract G of the subdivision is permitted for 138 lots, each
allowed a maximum amount of built -upon area as follows: Lots 1-41 @ 5,250 ft2,
Lots 42-104 @ 3,600 ft2, and Lots 105-138 @ 4,500 ft2. Tract H of the
subdivision is permitted for 52 lots, each allowed a maximum amount of built -
upon area of 6,000 ft . Tract I of the subdivision is permitted for 41 lots, each
allowed a maximum amount of built -upon area of 8,000 ft2. Tract J of the
subdivision is permitted for 177 lots, each allowed a maximum amount of built -
Page 2 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
upon area as follows: Lots 1-48 @ 6,000 ft2 Lots 49-100 @ 3,600 ft2, Lots 101-
128 @5,800 ft2, and Lots 129-177 @5,800 f?. Tract K is future development and
is allocated a total of 1,256,701 ft2 built -upon area. Tract L of the subdivision is
permitted for 177 lots, each allowed a maximum amount of built -upon area as
follows: Lots 1-134 @ 6,000 ft2 and Lots 135-177 @ 3,850 ft . Tract M is future
development and is allocated a total of 1,061,122 W built -upon area. Tract N is
future development and is allocated a total of 419,047 ft2 built -upon area.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment
systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The following design elements have been permitted for this non -discharging
series of wet detention ponds stormwater facility, and must be provided in the
system at all times.
a. Drainage Area, acres:
578.90
Onsite, ft2:
25,216,877
Offsite, ft2:
None
b. Total Impervious Surfaces, ft2:
9,874,356
Tract A
Roads, ft2:
233,430
Sidewalk/Parking, ft2:
10,459
Total, ft2:
243,889
Tract B
163 Lots, ft2:
815,000
Roads, ft2:
244,322
SidewallYParking, ft2:
24,394
Total, ft :
1,083,716
Tract C
96 Lots, ft2:
345,430
Roads, ft2:
117,612
Sidewalk/Parking, ft2:
3,049
Total, ft2:
466,091
Tract D
Buildings, ft2:
6,970
Sidewalk/Parking, ft2:
78,408
Other, ft2:
61,420
Total, ft2:
146,798
Tract E
Future, ft2:
6531400
Tract F
Future Lot 1, ft2:
64,613
Future Lot 2, ft2:
27,019
Future Lot 3, ft2:
29,029
Total, ft2:
120,661
Page 3 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
C.
d.
e.
f.
Tract G
138 Lots, ft2: 595,030
Roads, ft2: 207,346
Total, ft2: 802,376
Tract H
52 Lots, ft2:
311,890
Roads, ft2:
77,101
Sidewalk/Parking, ft2:
1,307
Total, ft2:
390,298
Tract 1
41 Lots, ft2:
328,000
Roads, ft2:
103,673
Sidewalk/Parking, ft2:
1,307
Total, ft2:
432,980
Tract J
177 Lots ft2:
921,730
Roads, ft2:
311,839
Sidewalk/Parking, ft2:
3,485
Total, ft2:
1,237,054
Tract K
Future Lot K1, ft2:
1,075,751
Future Lot K2, ft2:
180,950
Total, ft2:
1,256,701
Tract L
177 Lots, ft2:
969,550
43 TownUomes, ft2:
143,748
Roads, ft :
385,070
Sidewalk/Parking, ft2:
61,855
Total, ft2:
1,560,223
Tract M
Future, ft2: 1,061,122
Tract N
Future, ft2: 419,047
Pond Depth, feet: 6
TSS removal efficiency: 90%
Design Storm: 4", non -discharging pond
Permanent Pool Elevation, FMSL:
Pond 1, FMSL:
21.0
Pond 2-5, FMSL:
20.0
Pond 3, FMSL:
21.5
Pond 4, FMSL:
23.0
Pond 5, FMSL:
20.0
Page 4 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
Pond 8, FMSL:
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Permitted Storage Volume, ft3:
Storage Elevation, FMSL:
Pond 1, FMSL:
Pond 2-5, FMSL:
Pond 3, FMSL:
Pond 4, FMSL:
Pond 5, FMSL:
Pond 8, FMSL:
Pond 9, FMSL:
Pond 10, FMSL:
Pond 11, FMSL:
Pond 12, FMSL:
Pond 13, FMSL:
Pond 14, FMSL:
j. Controlling Orifice:
k. Permanent Pool Volume, ft3
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
19.0
21.0
22.0
22.0
22.0
22.0
20.0
3,123.260
3,636,768
23.0
22.0
23.5
23.0
22.0
20.0
22.0
23.0
23.0
23.0
23.0
22.0
n/a, non -discharging pond
n/a
n/a
n/a
Jackeys Creek/Cape Fear
18-77-3
"C• Sw"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible or verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
Page 5 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
7. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 020510 Modification,
as issued by the Division of Water Quality under NCAC 2H.1000.
Page 6 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
Tract A of the subdivision includes roadways and sidewalks and is
allocated a total of 243,889 ft2 built -upon area. Tract B of the subdivision
is permitted for 163 lots, each allowed a maximum amount of built -upon
area as follows: Lots 1-45 @ 3,600 ft2, Lots 46-102 @ 5,800 ft2, Lots 103-
130 @ 4,500 ft2, and Lots 131-163 @ 5,000 ft2. Tract C of the subdivision
is permitted for 96 lots, each allowed a maximum amount built -upon area
of 3,600 ft2. Tract D of the subdivision includes the amenity center for the
development and is allocated a total of 146,797 ft2 built -upon area. Tract
E is future development and is allocated a total of 653,400 ft2 built -upon
area. Tract F is future development and is allocated a total of 120,661 ft2
built -upon area. Tract G of the subdivision is permitted for 138 lots, each
allowed a maximum amount of built -upon area as follows: Lots 1-41 @
5,250 ft2, Lots 42-104 @ 3,600 ft2, and Lots 105-138 @ 4,500 ft2. Tract H
of the subdivision is permitted for 52 lots, each allowed a maximum
amount of built -upon area of 6,000 ft2. Tract I of the subdivision is
permitted for 41 lots, each allowed a maximum amount of built -upon area
of 8,000 ft2. Tract J of the subdivision is permitted for 177 lots, each
allowed a maximum amount of b ilt-upon area as follows: Lots 1-48 @
6,000 ft2, Lots z 9-100 @ 3,600 W, Lots 101-128 @5,800 ft2, and Lots 129-
177 @5,800 ft . Tract K is future development and is allocated a total of
1,256,701 ft2 built -upon area. Tract L of the subdivision is permitted for
177 lots, each allowed a maximum amount of built -upon area as follows:
Lots 1-134 @ 6,000 ft2 and Lots 135-177 @ 3,850 ft . Tract M is future
development and is allocated a total of 1,061,122 ft2 built -upon area.
Tract N is future development and is allocated a total of 419,047 ft2 built -
upon area. This allotted amount includes any built -upon area constructed
within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to
reduction in their allowable built -upon area due to CAMA regulations.
All runoff on the lot must drain. into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
Page 7 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
If the ownership of Lots A, E, F, K, M or N is not retained by the permittee,
the owner of each of the lots must submit a separate Offsite Stormwater
Management Permit application package to the Division of Water Quality
and receive a hermit prior to any construction on the lot.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
14. Decorative spray fountains will not be allowed in the stormwater treatment
system.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
18. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL DONDI T iONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Page 8 of 11

State Stormwater Management Systems
Permit No. SW8 020510 Modification
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 15"' day of February, 2007.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan vv. KlimeK, F'.t., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Dumber SW8 020510 Modification
Page 9 of 11

OFFICE USE ONLY
Date Received
Pffmmt Number
q_ r -2rx)�
l &7zZR s 2v
SCO X 0 20 s/o
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION:
1. Applicant's name (specify the name of the corporation, individual, etc. who owns the project):
WDV. INC.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Bert Exum, President
3. Mailing Address for person listed in item 2 above:
P.O.Box 1967
City: Wilmington State: NC Zip: 28402
Telephone Number: (910 ) 540-9716
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Waterford
5. Location of Project (street address):
Poole Road
City: Leland
County: Brunswick
6. Directions to project (from nearest major intersection):
Follow Hwy 17 South out of Wilmington past Hwy 74, 76 overpass. First turn on right is Poole road.
Project entrance straight off Poole road.
7. Latitude: 34°13'45"
Longitude: 78°1' 15"
8. Contact person who can answer questions about the project:
Name: Davis Fennell (Cape Fear Engineering) Telephone Number: [phone]
H. PERMIT INFORMATION:
1. Specify whether project is (check one):
New Renewal
of project
X Modification
Form: SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number SW8 020510 Mod And its issue date (if known) December 7, 2004
3. Specify the type of project (check one):
Low Density X High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
All Stormwater runoff to be conveyed to non-discharge/amenity pond system.
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Project Area:
578.90
acres 4. Project Built Upon Area: 39.15 %
5. How many drainage basins does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
Sturgeon Creek/Jacke 's Creek
Receiving Stream Class
C; SW
Drainage Area
578.90 ac (25,216,877 sf)
Existing Impervious* Area
0 ac
Proposed Impervious* Area
226.68 ac 9,874,356 s
Impervious* Area (total)
39.15 %
Impervious* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings
100.95 ac (4,397,273 sf)
On -site Streets
38.57 ac (1,680,393 sf)
On -site Parking
4.23 ac (184,264 sf)
On -site Sidewalks
INC. IN PARKING
Other on -site
82.93 ac (3,612,426 sf)
Off site
0 ac
Total: 226.68 ac 9,874,356 sf)
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form: SWU-l01 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
SW8 020510 as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than ** square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
** SEE ATTACHED SHEET
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess area of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land , that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SW-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SW-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SW-109
Innovative Best Management Practice Supplement
Form: SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form �a d
• One copy of the applicable Supplement Form(s) for each BMP,�
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment /management Qt��
• Two copies of plans and specifications, including:
-Development/Project name
-Engineer and firm
-Legend
-North Arrow
-Scale
-Revision number & date
-Mean high water line
-Dimensioned property / project boundary
-Location map with named streets or NCSR numbers
-Original contours, proposed contours, spot elevations, finished floor elevations
-Details of roads, drainage features, collection systems, and stormwater control measures
-Wetlands delineated, or a note on plans that none exist
-Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
-Drainage areas delineated
-Vegetated buffers (where required)
VIE. AGENT AUTHORIZATION
If you wish to designate submittal authority to another individual or firm so that they may provide information on
your behalf, please complete this section:
Designated agent (individual or firm): Cape Fear Engineering, Inc.
Mailing Address: 151 Poole Road, Suite 100
City: Belville State: NC
Phone: [phone] Fax: [phone]
VIM APPLICANT'S CERTIFICATION
Zip: 28451
I, (print or type name ofperson listed in General Information, item 2) Bert Exum
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 be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature:
Date: 9- IS - D(o
Form: SW-101 Version 3.99 Page 4 of 4

CAPE FEAR
'WOP' Engineering, Inca
— Poole Road, Suite 100
BeNllle, NC 28451
TEL [phone]
FAX [phone]
www.capeFeareng.com
To:
NCDENR — Div. Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn:
Rhonda Hall
❑ As Requested ❑ For Your Files
❑ Sent via Mail ❑ Sent via Courier
Transmittal
Date: 1 02/09/07
File: 650-06
Subject: I Waterford of the Carolinas
Stormwater Submittal
SW8 020510 Mod. Dec 7,2004
❑ For Distribution ® For your Review / Action / Approval
Quantity
Drawing No.
Description
3
Revised Cover sheet
3
Revised page 2 - application
REMARKS Attached is the information you requested. Please call if I can provide further assistance.
CC: Caye ngi Bring, Inc.
File
Signed
K. Davi ennel1, P.E.
FEB r, 4 ryf"n7
rr
Trans -NC DEN R-09feb07.doc

CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
BeAalle, NC 28451
TEL [phone]
FAX [phone]
www.capefeareng.com
To:
NCDENR — Div. Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn:
Rhonda Hall
FEB11-a�Z-1177 '—f
�y.
Transmittal
Date: 1 02/08/07
File: 650-06
Subject: I Waterford of the Carolinas
Stormwater Submittal
SW8 020510 Mod. Dec 7,2004
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
2
Original + 1 Copy of Revised Deed Restrictions
2
Revised Track "L" with pond section detail
2
Revised Pond Volume Calculations
REMARKS Attached is the information you requested. Please call if I can provide further assistance.
CC: Cape; gine ng, Inc.
File
Signed ^
K. Davis Fennell, P.E.
Trans-NCDENR-04jan07.doc

ATTACHMENT `A'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
"built -upon" area consistent with the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stonnwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area per lot, in square feet, is as listed below:
TRACT
LOT #S
BUA
TRACT
LOT #S
BUA
B
1-45
3,600 SF
B
46-102
5,800 SF
B
103-130
4,500 SF
B
131-163
5,000 SF
C
1-96
3,600 SF
G
1-41
5,250 SF
G
42-104
3,600 SF
G
105-138
4,500 SF
H
1-52
6,000 SF
1
1-41
8,000 SF
1
1-48
6,000 SF
J
49-100
3,600 SF
101-128
5,800 SF
1
129-177
5, 800 SF
L
1-134
6,000 SF
L
135-177
33 850 SF

ATTACHMENT `A'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
"built -upon" area consistent with the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area per lot, in square feet, is as listed below:
TRACT
LOT #S
BUA
TRACT
LOT #S
BUA
B
1-45
3,600 SF
B
46-102
5,800 SF
B
103-130
4,500 SF
B
131-163
5,000 SF
C
1-96
3,600 SF
G
1-41
5,250 SF
G
42-104
3,600 SF
G
105-138
4,500 SF
H
1-52
6,000 SF
1
1-41
8,000 SF
J
1-48
6,000 SF
J
49-100
3,600 SF
J
101-128
5,800 SF
J
129-177
5, 800 SF
L
1-134
6,000 SF
L
135-177
3, 850 SF
FEB n q gov

7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stonnwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Sii
I, kj-rfir*&" .11. ,a Notary Public for the State of A41e ,
County of A/gw /1 ;ye&- ,do hereby certify that ROAM G. G ak&7
personally appeared before me this day of Ab , Z�;r- ,and acknowledge
the due execution of the foregoing wet detention basin maintenance requirements. Witness
my hand and official seal,
My commission expires Q/Gf+ Z ZoOit- OFFICIALSEAL
Notary Public - North Carolina
NEW HANOVER COUNTY
OR SCOTT KENNEDY, JR.

ATTACHMENT `B'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Developments with Outparcels
where Outparcels lots will be subdivided from the main tract and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" area consistent with
the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any outparcel or future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area for the outparcel(s) shown on the approved plans is as listed
below:
OUTPARCEL #
BUA
OUTPARCEL #
BUA
E
653,400 SF
F
120,661 SF
K1
1,075,751 SF
K2
180,950 SF
M
1,061,122 SF
N
419,047 SF
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature: gki— C% 1�,�,4, Date: Z%WOT
I, Y4WMw eA ,%Q ,a otary Public for the State of A1,947h 641VI AA
County of ,do hereby certify that WodeeT C G. gXum
personally appeared before me this day of Zar, ,and acknowledge
the due execution of the foregoing wet detention basin maintenance requirements. Witness
my hand and official seal,
My commission expires %%arcA — "—--�''"' ----
OFFICIAL SEAL
NotPublic - Nodh Carolina
NEW HANOVER COUNTY
0NotaryH.
SCOTT KENNEDY, JR.

Pond Volume and Stage Information
Pond Info,
25-vr Storm Info.
Maximum Info.
Normal Water
25 year Storm
Maximum
Pond
Surface Elev. (sf)
Elev.
Vol. Required (cf)
Storage Elev.
Vol. Provided (cf)
1
21.00
22.55 39,776 !
23.00
52,370
2,5
20.00
21.79 155,418
22.00
218,521
3
21.50
21.95 65,824 j '
23.50
310,426
4
23.00
23.01 188
23.00
---
8 19.00 19.91 1,632,890 20.00 1,802,405
y 21.00
21.64 70,329 22.00
109,715
10,11,12,13 22.00
22.33 310,007 23.00
933,778
14 20.00
21.87 194,997 ! 22.00
209,553
Total ---
---
2,469,429
---
3,636,768
Volume for the 1 "event
-SO!
01014rJ
Total Area = 578.89 acres �•`' A,���3�y%
Total Imp. Area = 235.72 acres 71
Percent Impervious (I) = 39.21 % ? Wit."
- Runoff Volume Per Simple Method
Rv = 0.05 + 0.009 (I) �,. .... /fS
Rv = 0.05 + 0.009 (39.17) �'?'s'"123e1l�g3�
Rv = 0.4029
Volume Required = (Rainfall) x (Rv) x (Drainage Area)
V = (1 in) x (0.4029 in/in) x (578.89 acres) x (1/12 Win) x (43560 sf/ac)
V = 846,657 cubic feet
Volume for the 25-year event
Total Volume = Storage of pond system in the 25-year event as shown
on attached Hydrograph Summary Report
Total Volume = 39,776cf+ 65,824cf+ 83lcf+155,418cf+
1,632,890cf + 70,329cf + 310,007cf+194,997
Total Volume = 2,465,090 cubic feet

ExDress Review
Stormwater Permit Plan Revision
Plan Revision Narrative
Stormwater Permit No: SW8 020510 Modification
Project Name: Waterford
High Density Subdivision Project
County: Brunswick
Permit Last Modified: 2-15-07
Applicant:
WDV, Inc.
Attn: Bert Exum, President
Design Engineer for Original Stormwater Permit:
Cape Fear Engineering, Inc.
151 Poole Road, Suite 100
Wilmington, NC 82451
Attn: K. Davis Fennell, PE
Tel.: [phone]
Engineer for Plan Revision:
Freeland and Kauffinan, Inc.
209 West Stone Avenue
Greenville, SC 29609
Attn: Michael Ranks, Project Manager
Tel.: [phone]

Proiect Description:
Waterford is a master -planned mixed -use development. Stormwater from the Waterford
project has been designed and permitted to be managed by a series of wet retention
basins. For the purposes of stormwater design, the entire Waterford development was
divided into large drainage tracts, lettered A through N. Portions of the Waterford project
remain in an undeveloped state, and are currently in the process of being subdivided and
sold to individual developers.
The purpose of this Plan Revision to the Waterford Stormwater Permit is to
accommodate one such subdivision for commercial development. The proposed
commercial project, Lowe's of Leland, is a retail site comprised of approximately 16.16
acres, including associated public roadways, sidewalks, building, parking area, etc.
The proposed Lowe's development consists is contained within 3 tracts identified on the
approved Waterford stormwater plans, Tracts A, K and M. This plan revision divides
these three Tracts into individual lots which will accommodate the proposed Lowe's
development.
Summary of Plan Revisions:
Following are new drainage area summaries for each of the modified Tracts:
Tract A•
Tract A is mainly comprised of the primary interior roadway through the Waterford
Development, along with some common pond areas and green spaces. Because it is not
intended for future development, it is permitted with a known impervious area for streets
and sidewalks. Due to the proposed configuration of the Lowe's project, a portion of the
street system originally permitted as Tract A will not be constructed (as shown on the
attached Plan Revision), and the area of this former street will be incorporated into the
Lowe's project. This portion of the street system represents approximately 0.25 acres of
impervious area from Tract A. The majority of the portion of Tract A which is
incorporated into the Lowe's project is impervious area, which slightly increases the
overall impervious percentage assigned to Tract A. This slight increase will be offset by
a decrease in the overall impervious area allowed in Tract M. Therefore, the new design
summary for Tract A is as follows:
Roads: 222,437 s.f.
Sidewalk/Parking: 10,459 s.f.
Lot A2: 17,841 s.f.
Total NEW impervious area allowed: 250,737 s.f. (22.17%)
Total PREVIOUS impervious allowed: 243,889 s.f. (21.57%)
Net cbange in impervious allowed: + 6,848 s.f.
Total Tract `A' area: +/- 1,130,818 s.f.

Tract K•
Tract K had previously been divided into Lots 1 and 2. With the addition of the proposed
Lowe's project, 2 additional lots are required, which are identified as Lots 3 and 4.
Future Lot K1: 753,152 s.f.
Future Lot K2: 180,774 s.f
Future Lot K3: 291,619 s.f.
Future Lot K4: 51,396 s.f.
Total NEW impervious area allowed: 1,276,941 s.f. (86.37%)
Total PREVIOUS impervious allowed: 1,256,701 s.f. (85.00%)
Net change in impervious allowed: + 20,240 s.f.
Total Tract `K' area: +/- 1,478,426 s.f.
Tract M•
Tract was previously a single lot dedicated for future development. With the addition of
the proposed Lowe's project, this single lot will be divided into 2 lots, with only one
being apart of the Lowe's project.
Future Lot Ml: 842,312 s.f.
Future Lot M2: 191,722 s.f.
Total NEW impervious area allowed: 1,034,034 s.f. (81.86%)
Total PREVIOUS impervious allowed: 1,061,122 s.f. (84.00%)
Net change in impervious allowed: - 27,088 s.f.
Total Tract `M' area: +/- 1,263,240 s.f.
All three of the drainage Tracts affected by this Plan Revision discharge into the same
portion of the Waterford stormwater management system. Therefore, a minor increase in
the allowable impervious area of one drainage Tract can be offset by an identical
decrease in the allowable impervious area of another Tract.
Summarizing the revisions to the Built -Upon -Area allowed by this stormwater permit,
Tract A and K experience a net increase in allowable impervious area of 27,088 s.f., and
Tract M experiences a total decrease in allowable impervious area of 27,088 s.f. This
Plan Revision results in no net change in total impervious area allowed by the previously
issued Waterford Stormwater Permit, and therefore there will be no change in the intent
or functionality of the installed stormwater system.

45w -? aaOs i a
CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
Belville, NC 28451
TEL [phone]
FAX [phone]
www.capefeareng.com
To:
NCDENR — Div. Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn:
Rhonda Hall
Transmittal
Date: 01 /04/07
File: 650-06
Subject: Waterford of the Carolinas
Stormwater Submittal
SW8 020510 Mod. Dec 7,2004
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity Drawing No. Description
2 Original + 1 Copy of Revised Deed Restrictions
REMARKS Bert just got back in town to sign the attached documents. The content is the same, we just put the deed
restrictions on your form. I look forward to discussing the project with you further as you complete
your review.
CC: Cape f,9.-
ngi ering, Inc.
File
Signed
JA N 0 4 Z007
K. Daviffennell, P.E.
Trans-NCDENR-04jan07.doc

ATTACHMENT 'A'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
"built -upon" area consistent with the design criteria used to size the stormwater control facility.
I, Bert Exuma acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 plaoe without
the concurrence of the Division of Water Quality.
6. The maximum built -upon area per lot, in square feet, is as listed below:
TRACT
LOT #S
BUA
TRACT
LOT #S
BUA
B
1-46
3,600 SF
B
46-102
5,800 SF
B
103-130
4,500 SF
B
131-163
5,000 SF
C
1-96
3,600 SF
G
1-41
5,250 SF
G
42-89
3,600 SF
G
90-123
4,600 SF
H
1-52
6,000 SF
1
1.41
8,000 SF
iST Ave., 2
nd St., 3ro Ave.
1-48
6,000 SF
1
4"' St1-52 Ave.
3,600 SF
6 St., 7 thru
9"' Cir.
1-28
5,800 SF
10 ' St.,11 -
14"' Cir.
1-49
5, 800 SF
L
1-134
6,000 SF
L
135-177
3, 850 SF

AM runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature:
0 116'/07
I, ,a Notary Public for the State of
County of AjekiA, ,do hereby certify that oA1:t,-- CG e"i m
personally appeared before me this jt5� day of 2qg-j- ,and acknowledge
the due execution of the foregoing Witness
my hand and official seal,
My commission expires Aacd
OFFICIAL SEAL
Nolmy Public - North Carolina
fNEW HANOVER COUNTY.

ATTACHMENT `B'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Developments with Outparcels
where Outparcels lots will be subdivided from the main tract and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" area consistent with
the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any outparcel or future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area for the outparcel(s) shown on the approved plans is as listed
below:
OUTPARCEL #
BUA
OUTPARCEL #
BUA
E
663,400 SF
F
120,661 SF
K
1,269,486 SF
K1
1,075,751 SF
K2
180,950 SF
M
1,061,122 SF
N
419,047 SF
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature: a�4 Date: 0110410-7
,a Notary Public for the State ofto,rohn� ,
County of ,do hereby certify that )&Gcrj-
,Kum
personally appeared before me this ^ day off v, Z ,and acknowledge
the due execution of the foregoing wet det-62,
Witness
my hand and official seal, i M s1�'J"'T dL,
My commission e znl
OFFICIAL SEAL
Notary P"_ - North Carolina
N j HANOVE; UNTY
H. OTT MN EDY, JR.

ATTACHMENT'A'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 21-1.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for high Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
"built -upon" area consistent with the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCA C 2H.1000.
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 built -upon area per lot, in square feet, is as listed below:
TRACT
LOT #S
BUA
TRACT
LOT #S
BUA
B
1-45
3,600 SF
B
46-102
5,800 SF
B
103-130
4,600 SF
B
131-163
5,000 SF
C
1-96
3,600 SF
G
1-41
5,250 SF
G
42-89
3,600 SF
G
90-123
4,500 SF
H
1-52
6,000 SF
1
1.41
8,000 SF
IST Ave., 2"
St., Yd Ave.
1-48
6,000 SF
1
to to
4 St., 5 Ave.
7-52
3,600 SF
6thSt., 7th thru
9' Cir.
1-28
5,800 SF
1
lothSt.,11 -
14t' Cir.
1-49
5, 800 SF
L
1-134
6,000 SF
L
135-177
3, 850 SF

7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature:
a Notary Public for the State of
County of ,do hereby certify that��
personally appeared before me this day of �� ,and acknowledge
the due execution of the foregoing ��Lz, ` Witness
my hand' and official seal,
My commission expires2ro-
OFFICIAL SEAL
Voteuy Public - North Carolina
NEW HANOVER COUNTY.:

ATTACHMENT 'B'
INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Developments with Outpairceis
where Outparcels lots will be subdivided from the main tract and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" area consistent with
the design criteria used to size the stormwater control facility.
I, Bert Exum, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any outparcel or future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW9 020510 MOD, as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area for the outparcel(s) shown on the approved plans is as listed
below:
OUTPARCEL #
BUA
OUTPARCEL '#
BUA
E
663,400 SF
F
120,661 SF
K1
1,075,751 SF
K2
160,950 SF
M
1,061,122 SF
N
419,047 SF
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature: �—
i
ate:
I, 2 ,a Notary Public for the State of
County of Iy� ,do hereby certify that iWez7"
personally appeared before me this day of j ,l, ZA!1 ,and acknowledge
the due execution of the foregoing roe#t . Witness
my hand and official seal, LI `u L-
My commission e ter-
OFFICIAL SEAL
iy Notary Public - North Carolina
NEW HANOVER LOUNTY
"JR.

Hrt rk sty —Register of Des
Robert J. Robinson
Inert #173882 Hook 181 �7 �
08/26/2003 01:22:27pm Reci
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR WATERFORD COMMERCIAL PROPERTY
(This is the Commercial Declaration referenced in the Master Cross -Access
recorded in Book 1683, Page 1026,
Brunswick County Registry and the property defined
herein shall be deemed to be the "Commercial Property'l
Drawn By: Murchison, Taylor & Gibson, PLLC
16 North Fifth Avenue, Wilmington, NC 28401
NORTH CAROLINA Pz Zpjpj, loR6V z
BRUNSWICK COUNTY R H K AL -CBI cl d
V
THIS MASTER DECLARATION OF COVENANTS FOR WATERFORD
COMMERCIAL PROPERTY (this "Declaration') is made this g day of9 ►.srt
2003 by WDV, INC., a North Carolina corporation, whose mailing address is P.O. Box 1967,
Wilmington, NC 28402 (the "Declarant").
RECITALS
A. Declarant is the owner of certain real property located in the Town of Leland,
Brunswick County, North Carolina which property is described in Exhibit A attached hereto and
incorporated herein by reference (as more particularly defined in Article 1 herein, the
"Property").
B. This Declaration is being executed and recorded by Declarant in order to facilitate
the development of the Property as an integrated business and commercial development and to
fix and establish certain covenants, conditions and restrictions upon and subject to which the
Property shall be improved, held, leased, sold and/or conveyed.
NOW, THEREFORE, Declarant hereby declares that all the real property described in
Exhibit A attached hereto, and any additional real property as may, by subsequent amendment
and/or supplement hereto, be added to and subjected to this Declaration, is held and shall be
held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the
following covenants, conditions, restrictions and easements, which shall run with the land and
shall be binding on all parties having or acquiring any right, title or interest in and to the Property
or any part or parts thereof, their heirs, personal representatives, successors and assigns, and shall
inure to the benefit of each owner thereof.
ARTICLE 1— DEFIMTIONS
Definitions: The following terms shall, except where the context otherwise requires, have
the respective meanings hereinafter specified:
1.01 Additional Property
"Additional Property" shall mean any of the real property located within 2 miles of the
Property, any of which may hereafter be annexed to and made apart of e ®���
subjected to the terms and conditions of this Declaration. KZ E F U`
FED 19 2013
409080 1 0
BY:

inst 0 173882 Hook 1813Page: 767
1.02 Articles
"Articles" shall mean the Articles of Incorporation of the Association, as amended from
time to time.
1.03 Architectural Review Committee
"Architectural Review Committee" means the standing committee of the Association as
specified in Article 6 below, to approve the design, construction, operation, use, appearance and
such other requirements as set forth herein, of all Buildings, Structures, landscaping and other
improvements erected or to be erected, from time to time, on any portion of the Property
(together with all alterations, modifications, additions, deletions thereto).
1.04 Assessments
"Assessments" shall mean and refer collectively to all assessments of any kind or nature
provided for in this Declaration (including, without limitation, General Annual, Special and
Specific Assessments).
1.05 Association
"Association" shall mean Waterford Master Commercial Association, Inc. a North
Carolina non-profit corporation, its successors and assigns.
1.06 Board
'Board" shall mean the duly elected and constituted Executive Board of the Association.
1.07 Building
'Building" shall mean any structure on the Property which (i) is permanently affixed to
the land, (ii) has one or more floors and a roof and (iii) is normally accessible for human use.
1.08 Bylaws
"Bylaws" shall mean the Bylaws of the Association, as amended from time to time.
1.09 Common Areas
"Common Areas" shall include the following:
(i) Any and all public and private streets, roads and drives within the Property which
are designated or shown on the Plats (the "Roads");
(ii) Easements for the common use, benefit and enjoyment of the Owners as shown
on the Plats (including, without limitation, those described in Article 17 of this Declaration);
(iii) Any and all real property owned in fee simple, now and/or in the future, by the
Association for the common use, benefit and enjoyment of all the Owners (including any related
equipment, fixtures, apparatus and personal property), and all other easements and/or other
interests in real property from time to time owned by the Association for the common use,
benefit and enjoyment of the Owners; and
(iv) Any area or portion of the Property designated by the Declarant or on any Plat as
a Common Area.
1.10 Declarant
"Declarant" shall mean WDV, INC. or any legal successor thereto, or any Person who
shall succeed to the rights and obligations of WDV, INC. hereunder. The Declarant shall also
include any Person to which Declarant shall expressly assign Declarant's rights and obligations
hereunder in accordance with the terms hereof.
1.11 Declaration
"Declaration" shall mean this Master Declaration of Protective Covenants for Waterford
Commercial Property, as the same may be amended from time to time.
4080M

1.12 Directors
Inst 8 173882 Book 1813Page: 786
"Directors" shall mean the persons serving from time to time on the Board.
1.13 Floor Area
"Floor Area" shall mean the aggregate area of any floors within all Buildings erected on any Lot.
Each floor shall be measured to the exterior side of each outside wall where such floor extends to
any outside wall and shall be measured to the center of the common walls. The term "Floor
Area" shall not include truck ramps or shipping or delivery areas situated outside any Building,
improvement or other structure.
1.14 Institutional Mortesee
"Institutional Mortgage" shall mean a Mortgage which constitutes a first lien on a Lot on
any portion of the Property and which is held by a bank, savings and loan association, trust
company, insurance company or other recognized lending institution, other firms or entities
customarily affording loans secured by first lions on real property, or by an institutional or
governmental purchaser of mortgage loans in the secondary market.
1.15 Lot
"Lot" shall mean and refer to any lot, parcel or tract of land within the Property owned by
the Declarant or any lot, parcel or tract of land subdivided out of the Property by Declarant and
either conveyed to another person or entity or specifically identified by Declarant as a "Lot" in
an amendment or supplement to this Declaration or a Plat which is hereafter filed and recorded
by Declarant in the Registry, but excluding any Common Areas that are owned in fee simple by
the Association.
1.16 Master Cross -Access Easement
That certain Master Cross -Access Easement and Maintenance Agreement for Waterford
which encumbers the entire residential and commercial portions of the Waterford development and
which is recorded in Book 1683, Page 1026, in the Brunswick County Public Registry.
1.17 Members
"Members" shall mean the members of the Association.
1.18 MortPaee
"Mot gage" with an initial capital letter, shall mean and refer to a mortgage, deed of trust,
installment land sales contract and security agreement or other similar security interest
instrument granting, creating or conveying a lien upon, a security interest in, or a security
encumbered title to a Lot.
1.19 Morteaeee
"Mortgagee" with initial capital letter, shall mean and refer to the holder of a Mortgage.
1.20 Outstandiue Votes
"Outstanding Votes" shall have the meaning ascribed to such term in Article 4.
1.21 Owner
"Owner" shall mean the owner of any part of the Property, as shown on the records of the
Register of Deeds of Brunswick County, North Carolina, as of the date of any action to be taken
by such Owner under the provisions of this Declaration.
1.22 Person
"Person" shall mean an individual, corporation, trustee, partnership, unincorporated
organization, limited liability company or other legal entity.
1.23 Plats
"Plats" shall mean the plats of the Property or any property annexed thereto which are
recorded by Declarant in the Registry, as same may be amended from time to time.
408080

1.24 Property Inst 0 173882 Hook 1813Page: 789
"Property" shall mean the real property described in Exhibit A attached hereto together
with any Additional Property subject to or which may become subject to these Restrictions.
1.25 Reeistry
"Registry" shall mean the Office of the Register of Deeds of Brunswick County, North
Carolina.
1.26 Restrictions
"Restrictions" shall mean the covenants, conditions, restrictions and other terns and
provisions of this Declaration, as amended from time to time, upon and subject to which the
Property, or any part thereof, shall be improved, held, leased, sold and/or conveyed, all as
hereinafter set forth.
1.27 Roads
"Roads" shall have the meaning ascribed to such term under the definition of "Common
Areas" herein.
1.28 Special Assessment
"Special Assessment" shall have the meaning ascribed to such term in Article 19 of this
Declaration.
1.29 Specific Assessment
"Specific Assessment" shall have the meaning ascribed to such term in Article 19 of this
Declaration.
1.30 Structure
"Structure" shall mean any physical object temporarily or permanently affixed to the
Property, except grass, shrubbery, trees or other landscaping.
1.31 Subdivision
"Subdivision" shall mean all of that real property collectively known as Waterford
Commercial Property as shown on plats recorded in the Brunswick County Registry and all Plats.
which maybe recorded in the future showing additional sections of Waterford Commercial
Property and which are annexed into the Subdivision in accordance with Article 23.
ARTICLE 2 — GENERAL PURPOSES OF RESTRICTIONS
2.01 Purposes.
The Property is hereby subjected to the Restrictions for the following purposes, which
purposes are not, and are not intended to be, exhaustive or exclusive:
(a) To encourage development of the Property in a manner which is free from
toxic and noxious matter and other hazards, and from offensive noises and odors and other
objectionable influences.
(b) To promote the proper and most desirable use and development of the
Property in accordance with a well considered plan and scheme of development.
Property. Owners (c) To conserve and enhance the value of Lots and Buildings of of the
(d) To protect against construction on Lots or improvements which is of poor
design or quality and to encourage construction of improvements utilizing good quality and
attractive material and good architectural and planning standards compatible with other
improvements in the Property.
(e) To preserve and enhance the amenities in the Property and provide for the
orderly management of the Common Areas.
40808v3

Inst 0 173882 Book 1813Page: 790
ARTICLE 3 — PROPERTY RIGHTS
3.01 Owner's Easements of Eniovment.
Every Owner shall have and Declarant hereby grants to every Owner, a nonexclusive
right and easement of enjoyment and use in and to the Common Areas including, but not limited
to, all roadways, walkways, entries and exits as shown on recorded maps of the subdivision
which shall be appurtenant to and pass with the title to every Lot, subject to the provisions of this
Declaration and subject to the following provisions:
(a) The right but not the obligation of the Association following approval of
the Board, to (i) dedicate or transfer all or any portion of the Roads to any public agency or
governmental entity so that such Roads shall be maintained as public roads and (ii) dedicate or
transfer to any public or private utility or governmental authority drainage, sewage and/or utility
easements on any part of the Common Areas, all subject to such conditions as the Board may
determine is reasonable. The rights of the Association under this paragraph (a) shall not be
subject to the provisions of paragraph (d) below.
(b) The right of the Association, subject to the provisions of paragraph (d)
below, to mortgage, pledge, hypothecate or otherwise encumber any or all of the Association's
real or personal property as security for money borrowed or debts incurred for the purpose of
improving or maintaining the Common Areas or providing the services authorized by this
Declaration; provided, however, that the Association shall not be entitled to encumber (i) the
Roads, drainage easements or stormwater holding, detention and/or retention ponds, or (ii) any
real estate which is not owned in fee simple by the Association unless the fee simple owner of
the applicable easement area consents thereto (the provisions of this paragraph following the
phrase `provided, however," may not be amended without the consent of all Owners which
would be affected thereby).
(c) The right of the Association, subject to the provisions of paragraph (d)
below, to give or sell or otherwise transfer all or any part of the Common Areas to any
governmental entity, public authority, public service district, or public utility for such purposes
and subject to such conditions as may be agreed upon by the Members as provided in paragraph
(d) below; provided, however, that (i) this paragraph (c) shall not permit the Association to
materially alter or deny access over the Roads to an Owner's Lot unless such Owner consents
thereto and (ii) the Association shall not be entitled to transfer any real estate under this
paragraph (c) which is not owned in fee simple by the Association unless the fee simple owner of
the applicable easement area consents thereto (the provisions of this paragraph following the
phrase `provided, however," may not be amended without the consent of all Owners which
would be affected thereby).
(d) The rights of the Association under paragraphs (b) and (c) above are
subject to authorization by the affirmative vote of eighty percent (80%) of the votes cast at a duly
called meeting of the Association, subject to the quorum requirements established by Article 4,
and subject to the requirement that written notice of the meeting and of the proposed action is
sent to every Member of the Association at least ten (10) days but not more than (60) days prior
to such meeting. A true copy of such resolution, together with a certificate of the results of the
vote taken thereon, shall be made and acknowledged by the President or Vice President and
Secretary or Assistant Secretary of the Association and such certificate shall be annexed to any
instrument affecting the Common Areas. Such certificates shall be conclusive evidence of
authorization by the membership.
3.02 Limitations Unon Use of Common Areas.
As provided in Section 5.04, the Board may establish reasonable rules and regulations
concerning the use of the Common Areas and facilities located thereon
4080Bv3 C

Inst 0 173882 Book 1813Page: 791
ARTICLE 4 —ASSOCIATION MEMBLIKSMr; VUnN( KIGHTS;
EXECUTIVE BOARD; INSPECTION OF RECORDS
4.01 Membershiu.
Every fee simple Owner of a Lot shall be a Member of the Association during the period
such Owner holds its fee simple interest. If fee simple title to a Lot is held by more than one
person, each such person shall be a Member but the voting rights with respect to such Lot shall
be exercised jointly in the manner hereinafter provided. An Owner of more than one Lot is
entitled to one membership for each Lot owned. Each membership is appurtenant to and may
not be separated from the Lot upon which it is based and such membership shall be transferred
automatically by conveyance of fee simple title to that Lot. No person other than a fee simple
Owner of a Lot may be a Member of the Association, and a membership in the Association may
not be transferred except by the transfer of title to a Lot.
4.02 Voting.
The Association shall have two (2) classes of voting membership. The votes aggregated
from both voting memberships shall constitute the total outstanding votes available for voting
purposes in determining the action of the Association on any matter to be approved by vote
(herein "Outstanding Votes").
(a) Class 'W' So long as there is Class B membership, "Class A Members"
shall be all Owners except the Declarant. The number of votes appurtenant to a Lot owned by a
Class A Member shall be computed as follows:
The total number of square feet in land area of the Owner's Lot shall be added to
the total number of square feet of any Building or Structure measured from the
outside walls Iocated upon the Member's Lot to obtain a total gross square
footage. The number obtained by dividing such total gross square footage by
1,000 and rounding to the nearest whole number shall be the total number of votes
appurtenant to the Owner's Lot (i.e., there shall be no fractional votes).
Upon termination of the Class B membership, Class A Members shall be all Owners, including
the Declarant (assuming Declarant remains an Owner). If only one of a number of co -owners of
a Lot is present at a meeting of the Association, the co-owner who is present shall be entitled to
cast all the votes allocated to that Lot. If more than one of the co -owners is present, the votes
allocated to that Lot may be cast only in accordance with the agreement of a majority -in -interest
of the co -owners. Majority agreement is conclusively presumed if any one of the co -owners
casts the votes allocated to that Lot without protest being made to the person presiding over the
meeting by any of the other co-owner; of the Lot.
(b) Class "B". The "Class B Member" shall be the Declarant. The Class B
Member may appoint and remove the members of the Board during the Class B Control Period
(as defined herein). During the Class B Control Period, the number of votes allocated to the
Class B Member shall be entitled to cast in Association matters shall be determined as follows:
The total number of square feet in land area of the portions of the Property and the
Additional Property owned by Declarant shall be added to the total number of
square feet of any Building or Structure measured from the outside walls located
upon such real property to obtain the Declarant's total gross square footage. The
number obtained by (i) dividing the Declarant's total gross square footage by
1,000, (ii) rounding to the nearest whole number (i.e., there shall be no fractional
votes) and (iii) multiplying such whole number by 3 shall be the total number of
votes the Class B Member shall be entitled to cast in Association matters.
The Class B membership shall cease to exist and shall automatically be converted to Class A
membership upon the termination of the Class B Control Period. For purposes of this
Declaration, the "Class B Control Period" shall mean the period beginning on the date of this
Declaration and terminating upon the earliest to occur of the following events:
(i) the voluntary relinquishment by the Declarant of its right to Class
B membership by an instrument recorded in the Registry;
4ososv3

Imt # 173882 Book 1813Rge: 792
(ii) the date on which the Declarant no longer owns any portion of the
Property or the Additional Property, or
(iii) December 31, 2041.
(c) The total Outstanding Votes in the Association may vary from time to
time depending upon the number of Lots sold by Declarant. A quorum consisting of ten percent
(101/6) of the Outstanding Votes represented by Members in attendance or by proxy will be
necessary to vote on all decisions to be made by the Association pursuant to the terms of its
Articles and Bylaws, with a simple majority of the Outstanding Votes then present or represented
by proxy being necessary for approval or disapproval of an action of the Association (unless a
greater percentage is required by this Declaration or the Articles or Bylaws for any specific
action).
(d) The Bylaws shall establish reasonable procedures whereby the Association
shall, prior to each meeting of the Members, prepare a voting list setting forth the Members
entitled to vote together with the number of votes which may be exercised by each Member and
the basis upon which the votes were calculated. If requested in writing by a Member, the
Association will deliver to such Member annually a copy of the current voting list.
4.03 Executive Board.
The Board shall be established and maintained in accordance with the Articles, this
Declaration and the Bylaws.
(a) The number of Directors constituting the initial Board shall be three (3)
and the persons who are to serve as the initial Directors shall be appointed by the Declarant and
shall be set forth in the initial Articles.
(b) The number of Director; shall be not less than three (3) nor more than five
(5), as may be fixed or may be changed from time to time at any annual meeting, within the
minimum and maximum, by the Members or by the Directors. Each Director shall hold office until
his or her successor is elected and qualified or until his or her earlier death, resignation, retirement,
removal or disqualification.
(c) Directors shall be elected by a majority vote at any annual meeting of the
Members or at a special meeting of the Members of which notice of the purpose to elect one or
more Directors has been duly given. The election of Directors shall be a part of the order of
business of each annual meeting of the Members.
(d) A Director may resign at any time by giving notice of his resignation in
writing addressed to the President or Secretary of the Association, or by presenting his written
resignation in person at an annual or special meeting of Directors.
(e) Directors may be removed from office at any time with or without cause
by the Members by the vote that would be required to elect a Director to the Board; provided,
however, a Director may not be removed by the Members at a meeting unless the notice of meeting
states as a purpose the removal of a Director. If a Director is removed, a new Director may be
elected to fill the vacancy at the same meeting.
(f) A vacancy occurring in the Board shall be filled by a majority of the
remaining Directors (but not less than two) at any regular meeting or special meeting of the
Board.
4.04 Inspection of Books and Records.
The Board shall establish reasonable procedures whereby the Members are permitted to
inspect the books and records of the Association during convenient hours on business days. The
Board may impose reasonable rules, regulations and procedures concerning the inspection of
books and records of the Association including, without limitation, those which (a) provide that
the President and/or Secretary of the Association be given prior written notice of the inspection;
40808v3

inst 0 173882 Book 1813Page: 793
(b) limit the business days during a calendar month during wnrcn such books and records may be
inspected to no less than four (4) business days; (c) provide a reasonable charge to a Member for
more than one (1) inspection in any calendar quarter; (d) provide that any costs associated with
the inspection (such as, for example, copy costs) shall be paid by the inspecting Member; and (e)
such other rules and regulations as the Board may establish.
4.05 Amplification.
The provisions of this Declaration are amplified by the Association's Articles and
Bylaws; but no such amplification shall alter or amend substantially any of the rights or
obligations of the Owners set forth in this Declaration. The provisions of this Declaration on the
one hand, and the Articles and Bylaws on the other, shall be interpreted, construed, and applied
to avoid inconsistencies or conflicting results. If such conflict necessarily results, however, the
provisions of this Declaration shall control anything in the Articles or Bylaws to the contrary.
ARTICLE 5 — RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
5.01 The Common Areas.
Subject to the rights of Owners and Declarant as set forth in this Declaration and
excepting the maintenance responsibility for certain stormwater retention facilities described in
Section 24.01 hereinafter, the Association has exclusive management and control of the
Common Areas and all improvements thereon and all furnishings, equipment and other personal
property relating thereto.
(a) The Association's duties with respect to such Common Areas include, but
are not limited to, the following: (a) the maintenance of the Common Areas; (b) the
management, operation, maintenance repair, servicing, replacement and renewal of all
landscaping, improvements, equipment and personal property constituting part of the Common
Areas or located upon the Common Areas so as to keep all of the foregoing in good, clean,
attractive, sanitary, safe and serviceable condition, order and repair; (c) all landscaping of the
Common Areas; (d) the maintenance of adequate public liability, property casualty and hazard
insurance for the benefit of the Association with respect to the Common Areas; (e) the payment
of all taxes and assessments validly levied, assessed or imposed with respect to Common Areas;
and, (f) the management, operation, maintenance, repair, servicing, replacing and renewal of all
Roads and all improvements thereon; provided, however, that following the irrevocable
acceptance of the Roads for maintenance as public rights of way by the applicable governmental
entities, the maintenance obligations of the Association for the Roads shall only be the extent
such activities are not performed by the applicable governmental entities. The Association also
may provide other services, such as, but not limited to, security services as the Association
deems appropriate.
(b) In the event that the need for maintenance upon or replacement of the
Common Areas is caused (i) by construction activities on a Lot by an Owner or its agents or
contractors, or (ii) by the willful or negligent acts of any Owner or its agents or contractors, then
the cost of such maintenance, replacement or repairs shall be home exclusively by such Owner,
shall be added to and become a part of the assessments to the Lot or Lots of such Owner, and
shall constitute a Specific Assessment.
(c) To insure continuity and to protect property values, Declarant may in the
exercise of its discretion, require that all landscaping be done and performed by the same entity
on all Common Areas and all Lots within the property. In the event the landscaping is to be
performed by one entity, the charges therefore shall be reasonably allocated to the Lots by the
Association and collected by the Association.
5.02 Services.
The Association may obtain and pay for the services of any person to manage its affairs
to the extent the Board deems advisable, as well as such other personnel as are furnished or
employed directly by the Association or by any person with whom it contracts. Without
limitation, the Board may obtain and pay for legal and accounting services necessary or desirable
in connection with the Common Areas or its duties and rights under this Declaration, the
Articles, the Bylaws and/or the Rules and Regulations (as defined in Section 5.04 herein);
409080 Q

Imt: $ 173882 Book 1813Page: 794
provided, however, the Declarant shall bear all costs to establish this Declaration and related
documents required to establish the Association.
5.03 Property Owned by Association. Conveyance of Common Areas by Declarant.
The Association may acquire, hold, and dispose of real property and tangible and
intangible personal property, subject to such restrictions as from time to time may be contained
in the Articles and Bylaws. The Declarant agrees to convey to the Association (by easement or in
fee simple) the then -established Common Areas within three (3) months following the
termination of the Class B membership; provided, however, the Declarant shall be entitled, in the
Declarant's sole discretion, to convey all or any portion of the Common Areas to the Association
prior to the deadline provided above. The Association shall accept title to such Common Areas
subject to all easements, encumbrances and restrictions of record. All costs, if any, associated
with such transfer or assignment shall be borne by the Declarant.
5.04 Rules and Regulations.
The Association, through its Board, from time to time, may adopt, alter, amend, rescind,
and enforce reasonable rules and regulations governing building and maintenance standards for
and the use, enjoyment and operation of the Property (including, without limitation, all Lots, the
Common Areas, and any combination thereof) (the "Rules and Regulations"). The Rules and
Regulations shall be consistent with the rights and duties established by this Declaration
(although same may further restrict the use of the Common Areas). The Rules and Regulations
shall be binding upon the Owners, and the Association shall have the right to establish penalties
and fines for any infractions of this Declaration, the Articles, the Bylaws and the Rules and
Regulations (including, without limitation, monetary fines and other sanctions for violation of
the rules which may be collected by alien and foreclosure as a Specific Assessment). The
validity of the Association's Rules and Regulations, and their enforcement, shall be determined
by a standard of reasonableness for the purpose of protecting the value and desirability of the
Property as a first class project.
5.05 Implied Rights.
The Association may exercise any other right, power or privilege given to it expressly by
this Declaration, its Articles or Bylaws, and every other right, power, or privilege reasonably to
be implied from the existence of any right, power, or privilege so granted or reasonably to
effectuate the exercise of any right, power, or privilege so granted. The Association shall have
the power to do any and all lawful things which may be authorized, required, or permitted to be
done by the Association under and by virtue of this Declaration and to do and perform any and
all acts which may be necessary or proper for or incidental to the exercise of any of the express
powers of the Association for the safety and/or general welfare of the Owners. Without in any
way limiting the generality of the foregoing, after five (5) days' written notice with a specified
time stated to adhere to the provisions set forth herein, the Association shall have the power and
authority at any time and from time to time, without liability to any Owner, to enter onto any Lot
for the purpose of enforcing any and all of the provisions called for herein, or for the purpose of
maintaining and repairing any such Lot if, for any reason whatsoever, the Owner thereof fails to
maintain or repair such Lot as required. The Association shall also have the power and authority
from time to time, in its own name, on its own behalf or on behalf of any Owner or Owners who
consent thereto, to commence and maintain actions and suits to restrain or enjoin a breach or
threatened breach of this Declaration, the Articles and Bylaws of the Association and to enforce,
by mandatory injunction or otherwise, the provisions of the Declaration, the Articles and Bylaws
of the Association.
5.06 Conveyance and Acceptance of Permits.
The Declarant shall assign and transfer to the Association all applicable regulatory
permits including stormwater retention and all modifications thereto, including all duties and
responsibilities thereunder. The Association by and through the Members shall be obligated to
accept transfer of the permit and such rights, duties and obligations.
40808v3

5.07 Mixed -Use Common Area Maintenance. Inst 0 173882 Book 1813Page: 795
The Association shall be responsible for the maintenance, repair, operation, supervision,
administration and management of the Mixed Use Common Areas as set forth in the Master
Cross Access Easement.
ARTICLE 6 — REVIEW AND APPROVAL OF IMPROVEMENTS
6.01 Architectural Review Committee.
So long as there is Class B membership in the Association, the Architectural Review
Committee shall be composed of up to three (3) persons appointed by the Declarant from time to
time in Declarant's sole discretion. Without limiting the generality of the foregoing, the
Declarant shall be entitled to appoint itself to the Architectural Review Committee. Upon and
after termination of Class B membership, the Architectural Review Committee shall be
composed of three (3) persons appointed by the Board from time to time, who shall serve at the
pleasure of the Board. Any vacancy occurring on the Architectural Review Committee shall be
filled by the Board. No member of the Architectural Review Committee shall be entitled to
compensation for services performed unless the Board determines compensation is necessary in
order to induce persons with suitable qualifications to serve on the Architectural Review
Committee, but the Architectural Review Committee may employ independent advisors and
allow reasonable compensation to such advisors from Association funds. The Architectural
Review Committee shall have full power to regulate all matters as have been delegated to the
Architectural Review Committee in this Declaration. All decisions of the Architectural Review
Committee shall be final and binding on any Owner. The Directors (or any of them) may also
serve on the Architectural Review Committee.
6.02 Approval of Plans.
No Building, Structure, or other improvement, including, without limitation, any signs,
poles or towers, paved areas or fences, shall be erected, placed or altered on any Lot unless and
until the plans and specifications therefor, a plot plan showing the location thereof on the
particular Building site, a landscaping plan and such other plans and specifications as the
Architectural Review Committee may request (collectively the "Plans') shall have been
submitted to and approved in writing by the Architectural Review Committee. The Architectural
Review Committee shall also be entitled to require the submissions set forth in Section 6.07 of
this Article. The approval of such Plans shall be based upon the following standards: adequacy
of site dimensions; adequacy of structural design; conformity and harmony of external design
and building materials with neighboring Buildings, Structures and improvements and with other
Buildings, Structures and improvements on the Property; the affect of the location and use of the
proposed improvements upon neighboring Buildings, Structures and improvements on the
Property, and the operations and uses thereof or conducted thereon; relation to topography, grade
and finished ground elevation of the Lot being improved to that of neighboring Lots; proper
orientation of main elevations with respect to nearby streets; conformity of the Plans to the
purpose and general plan and intent of this Declaration and with the Restrictions; and such other
criteria as the Architectural Review Committee may reasonably deem necessary or advisable in
order to effectuate the general plan and intent of this Declaration. The Architectural Review
Committee in its sole and uncontrolled discretion, may withhold its approval of such Plans for
any reason (including, without limitation, aesthetics). In the event the Architectural Review
Committee fails to approve or disapprove such Plans, in writing, within sixty (60) days after the
same have been submitted to the Architectural Review Committee, then such Plans shall be
deemed to have been approved; provided, however, that lack of approval by the Architectural
Review Committee shall not waive any express covenant contained herein. In the event of any
disagreement on the question of suitability, the decision of the Architectural Review Committee
shall be final.
6.03 Cost of Review.
The Owner or any other person having its Plans reviewed hereunder shall pay for all
costs associated with review of its Plans by the Architectural Review Committee including any
expense for architectural, engineering or attorneys' fees. Such sums shall be paid prior to final
approval of the Plans. The Architectural Review Committee may adopt a schedule of reasonable
fees for processing applications and a construction deposit to the Architectural Review
408080 to

Inst: 0 173882 Book 1813Page: 796
Committee. Such fees, if any, shall be payable to the Association, in cash, at the time the
applications are submitted to the Architectural Review Committee. In the event that the
foregoing expenses and fees are not paid by the Owner, they shall become a lien of the
Association on the Lot as a Specific Assessment.
6.04 Certificates of Approval.
Upon approval of Plans as set forth above, the Architectural Review Committee shall,
upon the written request of an Owner, issue a certificate executed by the Association stating that
the Plans have been approved, and if the improvements are constructed in substantial accordance
with such Plans, the Architectural Review Committee shall, upon the written request of an
Owner, issue a final certificate of compliance as set forth in the next sentence. Upon final
approval of any construction by the Architectural Review Committee, it shall, upon request of
the Owner completing such construction, issue a certificate of compliance signed by the
Association stating that the construction was constructed in accordance with requirements of this
Declaration.
6.05 Liabili
The Association, the Members of the Association, the Architectural Review Committee,
the Declarant and their respective employees or agents shall not be liable in damages to anyone
submitting Plans for approval or to anyone affected by this Declaration in connection with the
exercise of the rights or duties under this Article or by reason of mistake in judgment, negligence
or nonfeasance arising out of or in connection with the approval or disapproval of the Plans. All
persons who submit plans or specifications to the Architectural Review Committee for approval
agree, by the submission of same, and every Owner of any Lot agrees, by acquiring title thereto
or an interest therein, that he will not bring any action or suit against the Association, the
Members of the Association, the Architectural Review Committee, the Declarant or their
respective employees or agents to recover damages arising from or in any way connected with
this Declaration or the approval or failure to approve any Plans submitted. In regard to any Plans
approved by the Architectural Review Committee, neither the Declarant, nor the Association, nor
any member of the Architectural Review Committee, nor any Member of the Association, shall
be responsible or liable in any way for (i) any defects in any Plans, (ii) any structural defects in
any work done according to such Plans, or (iii) the failure of the Plans to comply with any law,
rule, regulation or code.
6.06 No Deviation After Approval.
After approval of the Plans by the Architectural Review Committee, no deviation
therefrom shall be made during construction which would materially change the scopc of the
improvements and no changes in exterior quality or appearance of the improvements thereby
contemplated shall be made, without prior written approval of the Architectural Review
Committee.
6.07 Submissions.
The Architectural Review Committee may require all or any part of the following
information to be submitted to it in connection with the consideration by the Architectural
Review Committee of any Plans, submittal or application:
(a) Architectural plans and elevations for the proposed Building or Buildings
which shall include outline specifications designating materials and mechanical, electrical and
structural systems, and samples of external colors;
(b) A site plan showing the location and design of Buildings, set back lines,
driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas
and sidewalks;
(c) A grading plan and planting plan, including screen walls and fences for
analysis of adequacy of visual screening, erosion control, drainage and landscape architectural
design;
(d) A site plan showing utilities and utility easements;
40808v3 11

Inst 0 173882 Book 18LWage: 797
(e) Plans for all signs to be erected, including details of materials, location,
design, size, color and lighting;
(f) A description of proposed use of the improvements in sufficient detail to
permit a determination (i) of the extent of any noise, odor, glare, vibration, smoke, dust gases,
hazard, radiation, radioactivity or liquid wastes that may be thereby created; and (ii) as to
whether or not the proposed use complies with then existing zoning ordinances, the Restrictions,
and other laws and governmental regulations applicable thereto; and
(g) Any other information as may be reasonably requested by the
Architectural Review Committee in order to insure compliance with the Restrictions.
6.08 Variance.
The Architectural Review Committee shall have the right to approve a variance from the
Restrictions resulting from an inadvertent error in surveying of lot lines, or unintentional
mislocation of improvements on a Lot, at the sole reasonable judgment of Architectural Review
Committee, provided approval of such variance does not violate the spirit of the Restrictions.
6.09 No Withdrawal of Approval.
Once the Architectural Review Committee has approved Plans for Building or other
Structure and such Building or other Structure has been constructed in conformity with such
Plans, the approval shall not be withdrawn and such Building or other Structure shall thereafter
be deemed to be in compliance with these Restrictions as then in effect thereafter amended.
ARTICLE 7 — BUILDING LINES
7.01 Buildine Lines.
The Architectural Review Committee shall determine the location of (and setbacks
applicable to) any Building or Structure on the Property, having regard for all relevant
considerations, community -wide standards, size, shape and location of the property, the type and
use of the Building or Structure and any other reasonable considerations. The areas between
property lines and setback or building lines ("Building Lines' are to be used only for landscaped
areas, lawns, driveways and walks in accordance with other provisions of this Declaration. With
the written approval of the Architectural Review Committee, off-street parking may be permitted
in required yards provided that appropriate landscaping areas are maintained, and further
provided that no parking shall be permitted within ten (10) feet of property lines adjoining a
public street, or within six (6) feet of other property lines. Incidental, low profile Structures may
be permitted within areas between property lines and Building Lines only upon prior written
approval of the Architectural Review Committee (which approval may be withheld in the sole
discretion of the Architectural Review Committee). Such structures shall be of the same or
comparable quality and design so as to blend harmoniously with the Buildings erected or
permitted to be erected on Lots.
7.02 Minimum Setback Lines.
No Building or Structure of any kind and no part thereof shall be placed within the
setback lines established by applicable Town of Leland and County of Brunswick laws,
ordinances and regulations. Provided, however, the following improvements are expressly
excluded from those setback restrictions so long as permitted by the applicable ordinance:
(i) Structures below and covered by ground;
(ii) steps, walks, parking areas, driveways, and curbing;
(iii) planters, walls, fences or hedges, not to exceed four (4) feet in height;
(iv) landscaping; and
(v) any other improvements approved in writing by Declarant.
40808v3 12

7.03 Site coveraee and Stormwater Runoff Rules. Inst 0 173882 Book 1813Page: 798
All Lots are subject to the State of North Carolina rules and regulations concerning
stormwater runoff as these rules and regulations may be amended from time to time. Without
limiting the foregoing, Declarant or its designee, including the Architectural Review Committee,
reserves the right to impose additional restrictions upon the Property as to the extent required by
the terms of the stormwater permit for the Waterford Development as issued by the State of
North Carolina. Such additional restrictions may be imposed by Declarant by the recording of a
Supplemental Declaration, and no joinder or consent of the Association or any other owner or
person shall be required on such Supplemental Declaration.
(a) This covenant is intended to ensure ongoing compliance with State Stormwater
management Permit Number SW8020510, as amended, as issued by the Division of Water
Quality under NCAC 211.1000 and any subsequently issued permits or modifications.
(b) The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all persons and parties
claiming under them.
(d) The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
(f) The maximum built -upon area for outparcel(s) and future areas shown on the
approved plans is as set forth in said permit which is basically an allotment of 85% impervious
surface for each property. The specific allotment shall be specifically set forth as to each
property in its contract of sale. This allotted amount includes any built -upon area constructed
within the property boundaries and that portion of the right-of-way between the lot lines and the
edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools.
(g) The runoff from all built -upon area on the outparcel or future area must be
directed into the permitted stormwater control system.
(h) Built -upon area in excess of the permitted amount will require a permit
modification.
(i) The connection from the outparcel's collection system into the stormwater control
shall be made such that short-circuiting of the system does not occur.
0) Each outparcel or future development tract whose ownership is not retained by the
permittee, shall submit a separate offsite stormwater permit application to the Division of Water
Quality and receive a permit prior to construction.
(k) Declarant reserves the right in its sole discretion as state stormwater permits are
modified to recalculate and redesignate maximum built upon areas as set forth in (f) above,
provided such recalculations and redesignations are in accordance with state stormwater permits.
In addition, if any property as finally constructed does not use its allocated built upon area,
Declarant shall have the sole right to reclaim such excess allotment and reallocate it to remaining
properties in its sole discretion.
ARTICLE 8 — PARKING AND LOADING
8.01 Parking.
No parking of automobiles, trucks, or other vehicles will be permitted on any public or
private streets in the Property, and it will be the responsibility of each Owner to provide at all
times sufficient parking and loading facilities on its Lot at least to the minimum standards set
408080 13

Inst 8 173882 Book 1813Page: 799
forth herein, and each Owner shall be responsible for compliance with the provisions of this
Section by its employees, customers, visitors, invitees, tenants, and motor carriers serving the
Lot. Each Owner shall keep available and maintain on its Lot paved areas, or land for future
paved areas, at least as set forth below in this Article 8.
8.02 Parking Areas.
Parking areas shall be as approved by the Architectural Review Committee (subject to the
requirements of Town of Leland and County of Brunswick laws, ordinances and regulations). If
parking requirements increase as a result of a change in use or number of employees, additional
off-street parking shall be provided by Owner to satisfy the intent of this section. All parking
facilities and private drives must be approved by the Architectural Review Committee. In
addition, there shall be no parking within the entrances, exits and driveways of or on a Lot.
8.03 Loading Docks.
No loading dock shall be erected fronting on any public street unless adequately screened
by landscaping or other screening approved by the Architectural Review Committee pursuant to
Article 6.
8.04 Pavine.
Paving of any portion of any Lot used for driveways, parking areas and loading areas
shall be paved with a dust -free, all-weather surface and shall be kept in a good condition and
state of repair as approved by the Architectural Review Committee.
8.05 Curbs; Driveway Connections.
Subject to applicable law, the edges of all paved areas, driveways and loading areas
adjoining a landscaped area or open space shall be formed and secured with standard concrete
curb and gutter or other neat, permanent edging materials unless otherwise approved in writing
by the Architectural Review Committee.
8.06 Parking Lot Light Fixtures.
The specifications for the parking lot light fixtures shall be as determined from time to
time by the Architectural Review Committee.
ARTICLE 9 — BUILDING CONSTRUCTION
9.01 Building Construction.
All Buildings erected on an Owner's Lot shall be constructed with exterior materials
approved by the Architectural Review Committee. All walls of Buildings shall be finished with
face brick, stone, glass or other attractive surface not otherwise prohibited, as approved by the
Architectural Review Committee pursuant to Article 6 of this Declaration. The use of any other
materials shall be permitted only upon the Architectural Review Committee's prior written
approval.
9.02 Snecifeations:
(a) Every Building shall be built to the following specifications which:
(i) provide adequate fire protection systems;
(ii) provide for all underground utilities (public and private);
(iii) preserve the quality and atmosphere of the area and do not detract
from adjacent properties;
(iv) do not include exterior fire escapes; and
(v) do not make extensive use of reflective or mirrored glass.
(b) Each Building, complex of Buildings or separate business enterprise shall
have a trash dumpster on the premises adequate to handle the trash and waste items generated,
manufactured or acquired thereon by such activities. The sorting, removing and disposing of all
such waste materials must be constantly housed or screened in a manner approved in writing by
408080 14

inst #t 173882 Hook 1813Page: 800
the Architectural Review Committee. All facilities and plans for the disposal of wastes other
than by public sewerage methods (such as shredding, compaction, incineration, reclamation or
chemical dissolution) must be approved in writing by the Architectural Review Committee.
(c) Each kitchen facility within a restaurant shall contain a water flushing
garbage grinder disposal. Scheduling for grease traps, trash removal and deliveries shall be as
set forth in the Rules and Regulations promulgated by Declarant or Association.
(d) All Structures will be equipped with gutters, downspouts and/or other
interior or exterior drainage conveyances if determined appropriate by the Architectural Review
Committee and are tied in underground to storm drainage system.
(e) No excavation shall be made except in conjunction with construction of an
improvement. When such improvement is completed, all exposed openings shall be back -filled
and graded.
ARTICLE 10 — LANDSCAPINGAND MAINTENANCE OF GROUNDS AND
BUILDINGS
10.01 Landscapine Plans.
All Lots upon which a Building is constructed shall be landscaped in accordance with (i)
applicable Town of Leland and County of Brunswick laws, ordinances and regulations and (ii)
the plans approved by the Architectural Review Committee pursuant to Article 6 hereof.
Landscaping plans shall be submitted to the Architectural Review Committee prior to
commencement of any construction and all landscaping plans, once approved by Architectural
Review Committee, shall not be altered without the Architectural Review Committee's prior
written approval. Landscaping plans shall include adequately defined information pertaining to
areas to be landscaped with lists, size and locations of planting materials. Landscaping pursuant
to such landscaping plans approved by the Architectural Review Committee shall be installed
within thirty (30) days after the occupancy or completion of a Building, whichever occurs first.
Landscaping shall:
(a) Be required on all sites contemporaneously with completion of other
improvements, but in no event later than thirty (30) days after first occupancy or completion of
Buildings, whichever shall first occur.
(b) Conform to a landscaping plan approved by the Architectural Review
Committee. Normally, such approval will be limited to landscaping plans which:
(i) provide automatic underground sprinkling systems for all
landscaped areas directly adjacent to the Building;
(ii) do not obstruct sight lines of street or driveway intersections;
(iii) preserve existing trees within any buffer required by the
Architectural Review Committee and/or the Town of Leland (it
being understood that trees within the buffer CANNOT BE
REMOVED without prior written approval of the Architectural
Control Committee; and
(iv) permit reasonable access to public and private utility lines and
easements for installation and repair.
10.02 Landscapine Outside of Buildine Lines; Screenine of Parking and Loading Areas.
All areas betwecn required Building Lines and property lines not used for drives, walks
parking, and loading areas must be attractively landscaped and maintained. The landscaping
plan shall include the use of indigenous trees, evergreens, palms and other subtropical material
conducive to this area and other landscaping plants approved by the Architectural Review
408080 15

Inst g 173882 Book 1813Page: 801
Committee. Groups of indigenous trees and tall evergremus luau oe provided between property
lines and Building Lines along streets to provide year round screening in these areas. All
parking areas and loading areas shall be adequately screened from adjacent roadways and/or
properties.
Not less than fifteen percent (15%) of any Lot shall be devoted to Green Area unless
otherwise approved by the Architectural Review Committee. As used herein, "Green Area" shall
mean an area of land associated with, and located on the same tract of land as, a Building or
group of Buildings, in relation to which it serves to provide light and air or scenic, recreational or
similar purposes. Such space shall, in general, be available for entry by the occupants of the
Building or Buildings involved, but may include a limited proportion of space so located and
treated as to enhance the amenity of the development by providing landscaping features,
screening for the benefit of the occupants of those in neighboring areas, or a general appearance
of openness. Green Area may include, but shall not be limited to, lawns, decorative planting,
wooded areas, landscaping areas covering structures that are not protruding more than ten (10)
feet above ground level, sidewalks and walkways, active and passive recreational areas, and
water surfaces that comprise not more than twenty-five percent (25%) of the total Green Area. It
shall not include parking lots or other vehicular surfaces or accessory Buildings.
10.03 Rubbish: Mowine.
The record Owner of each Lot shall keep the property free of rubbish and trash and shall
keep grass, weeds and undergrowth mowed so as to keep the Lot in a neat and clean condition.
10.04 Maintenance of Landscaping; Sprinklers.
The landscape development having been installed, shall be maintained by the Owner or
tenant of the Lot in a neat and adequate manner subject to the provisions of 5.01(c), which shall
include the mowing of lawns, trimming of hedges, and removal of weeds from planted areas on
the Owner's Lot and public and private rights -of -way adjacent thereto. Maintenance of the
landscaping development shall include remulching, replacement of all plant material included in
the approved landscaping plan. A sprinkler system and adequate watering shall be required for
all landscaped areas (except those which have been left in a natural state). Declarant and/or
Association reserve the right to require the use of reuse water for irrigation from reuse water
ponds and the corresponding right to prohibit the use of individual wells.
10.05 Maintenance of Clean Condition: Compliance with Laws; Disposal of Trash
Each Owner and tenant shall keep its premises, Building(s), improvements and
appurtenances in a safe, sightly, clean and neat condition (including, without limitation, all
necessary painting, repair and cleaning) and shall comply with all governmental, health, and
police requirements. Each Owner and every tenant and occupant of a Lot shall remove at its own
expense any rubbish or trash of any character which may accumulate on its property. Rubbish
and trash shall not be disposed of on the premises by burning in open fires.
10.06 Association's Right to Maintain.
In the event any Owner, tenant or occupant does not comply with the provisions of this
Article within ten (10) days after written notice by the Association, the Association and its
representatives or employees shall have the right to enter on such Lot and perform the work
specified in such notice and the Owner, tenant or occupant, each having liability therefor, shall
pay the cost thereof within thirty (30) days following demand. If the cost of such work is not
paid after such demand is made therefor upon such Owner, tenant or occupant, it shall become a
lien on such Lot as a Specific Assessment. In addition, the Owner, tenant or occupant shall be
deemed to have contracted with the Association for that work and the Association shall be
entitled to file and enforce a mechanic's lien against the interest of the Owner, tenant or occupant
for the cost of that work and to recover the cost of that work and any other allowable fees or
expenses in accordance with North Carolina mechanic's lien law.
408080 16

imt #t 173882 Book 1813Page: 802
10.07 Drainage.
Where storm water drainage is not piped, it shall be passed through drainage ditches and
swales which may be constructed and maintained on each Lot by the Owner thereof (at such
Owner's expense), and such drainage ditches and swales shall comply with all rules, regulations
and requirements of Brunswick County and/or the Town of Leland and/or other governmental
entities, districts or authority(ies) having jurisdiction.
ARTICLE 11- OUTSIDE STORAGE
11.01 Outside Storage: Screening.
No outside storage of any type (including, but not limited to, materials, supplies,
equipment, finished or semi -finished products, raw materials or articles of any nature) shall be
stored or permitted to remain on any Lot outside the Building or Buildings constructed thereon,
without the prior written approval of the Architectural Review Committee pursuant to Article 6
(except during initial construction of a Building). Any permitted storage shall be screened
and/or fenced in accordance with the terms of the Architectural Review Committee's approval
and shall be continued only in accordance with the terms of the Architectural Review
Committee's approval.
11.02 Trash Facilities.
Facilities for storage of waste and rubbish shall be maintained in closed containers of a
type approved by the Architectural Review Committee in writing and in locations with fencing
and landscaping approved by the Architectural Review Committee in writing. All trash facilities
are subject to further rules and regulations adopted by Declarant or Association.
11.03 Storaee of Liquids.
The bulk storage of any liquids on the outside of Buildings shall be permitted only in
locations and in a manner as may be approved in writing by the Architectural Review Committee
and the Town of Leland or County of Brunswick.
ARTICLE 12 - NUNERALS
12.01 Minerals.
No oil or gas drilling, oil development, mining or quarrying operations of any kind shall
be permitted upon the Property, or any part thereof, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon the Property or any part thereof without prior written
approval of the Board.
ARTICLE 13 - SIGNS
13.01 Sien Requirements.
Subject to approval by the Architectural Review Committee, one (1) temporary sign may
be erected on a Lot prior to and during construction of any Buildings or Structures thereon
(unless additional temporary signs are approved by the Architectural Review Committee). After
construction is substantially complete, such temporary signs shall be promptly removed and may
be replaced with an appropriate permanent building identification signage as approved in writing
by the Architectural Review Committee. Each building identification sign will be constructed of
standard materials prescribed by the Architectural Review Committee. Unless the prior written
approval of the Architectural Review Committee is obtained, no building identification sign shall
be attached to any Structure or Building located upon a Lot, and each building identification sign
shall be free-standing and located in a manner intended to provide ready identification from
Roads or other rights -of -way located within the Property.
The Plans submitted for approval pursuant to the requirements of Article 6 above shall
identify the location of the permanent building identification sign, if any, which the Owner
desires to locate upon the Lot. Relocations of permanent building identification signs are subject
to approval by the Architectural Review Committee. In addition, the location, style, graphics,
and other features and characteristics of any other temporary or permanent signs (including,
408080 17

Inst # 173882 Book 1813Page: 803
without limitation, directional signs, traffic control signs and promotional signs) shall be subject
to the prior written approval of the Architectural Review Committee.
Any and all signs on the Property must comply with all applicable requirements and
ordinances of the Town of Leland and/or County of Brunswick. Flashing or moving signs shall
be prohibited on the Property.
13.02 Sien AOproval.
All signs must be approved by the Architectural Review Committee in writing prior to
order, purchase or installation. Normally, such approval will be limited to those signs which:
(a) Identify the name and business of the occupant, or which give directions, or
which offer the premises for sale or lease. The Committee shall approve all signs prior to
installation and may impose size limits. No advertising signs or billboards or other advertising
structure(s) of any kind shall be erected on any Unit or displayed to the public on any Unit
subject to these restrictions without prior written approval of the Committee. This covenant shall
not apply to signs erected by the Declarant, including signs used to identify and advertise the
Properties as a whole, or construction identification signs approved by the Committee showing
Unit numbers and name of builder, or for a homeowner for the purposes of identifying the
homeowner as a resident on said Unit. Declarant or Committee retains the right to modify this
restriction including the right to disallow signs altogether or to require that all signs must be of
similar size and color. Declarant or Committee has the right to enter upon the unit and remove
any unapproved sign.
(b) Are not of unusual size or shape when compared to the Building or
Buildings on the Property; or
(c) Preserve the quality and atmosphere of the area.
Signs of a flashing or moving character and inappropriately colored signs will not be permitted.
The Association shall have the right to enter on and to remove any sign erected without such
written approval.
ARTICLE 14 - PERMITTED AND PROHIBITED USES
14.01 Nonresidential Purposes.
Lots are hereby restricted exclusively to nonresidential purposes; provided, however, this
covenant shall not apply to hotels, motels, or similar temporary stay facilities. This Declaration
specifically provides that the North Carolina Planned Community Act (N.C.G.S. §47-•F) does not
apply to the Commercial Property.
14.02 General Restrictions.
The Property shall be used only for those purposes as permitted in this Declaration and in
the zoning ordinances of the Town of Leland and/or County of Brunswick in force and effect on
the date of this Declaration (as the same may hereafter from time to time be amended). The
Declarant reserves the right, however, further to limit or restrict the use of a particular Lot or
Lots under the provisions noted throughout these Restrictions. No use will be made of any Lot
or any portion thereof or any Building or Structure thereon at any time, nor shall any materials or
products be manufactured, processed or stored thereon or therein, which shall in the opinion of
the Declarant and/or the Architectural Review Committee cause an undue fire or health hazard to
adjoining properties, detract or hinder the visibility of adjoining properties, or constitute a
nuisance or cause the emission of noxious odors or gases or smoke, or cause noises or other
conditions which might violate the purpose and intent of these Restrictions and development
criteria or which shall constitute a violation of any law of the United States, the State of North
Carolina, County of Brunswick and/or Town of Leland, or any other applicable law, ordinance
rule or regulation. No antenna or tower shall be erected on the Property for any purpose without
prior written approval from the Declarant. Satellite dishes will be allowed as approved by the
Architectural Review Committee in its sole discretion.
408080 18

14.03. Prohibitions. Inst 0 173882 Hook 1813Page: 804
No operation or use shall be permitted or maintained which causes or produces any of the
following effects discernible outside the improvements or affecting any adjacent property:
(a) Noise, sound or vibration that is objectionable because of its volume, duration,
intermittent beat, frequency or shrillness;
(b) Smoke;
(c) Noxious, toxic or corrosive fumes or gases;
(d) Obnoxious odors; or
(e) Dust, dirt or fly ash.
(f) The following list of uses are prohibited: agricultural uses, kennels, sanitary
services, mini warehouses, adult entertainment establishments, bars, cabarets, discos, fruit and
vegetable stands, funeral homes, stables, dwelling units contained within the principal use of the
structure excluding security personnel, all recycling facilities, outdoor bazaars, Christmas tree
sales, pumpkin sales, evangelistic and religious assemblies not conducted at a church.
The only excavations allowed on the Property shall be those made in connection with
construction of an improvement, and then only when proper protection is afforded to adjacent
property. Upon completion of such excavations, all exposed openings shall be backfilled and
distributed grounds shall be graded, stabilized and restored as close to its original condition as is
practicable.
ARTICLE 15 -UTILITY CONNECTION
15.01 Utility Connections.
All public utility connections and installations of wires and conduits and gas lines or the
equivalent to Buildings (except for those servicing temporary construction) shall be made
underground from the nearest available power, gas or other services source. Transformers,
meters of any type or other apparatus shall be screened and landscaped, and all such installations
shall be subject to prior written approval of the Architectural Review Committee pursuant to
Article 6.
ARTICLE 16 - SUBDIVISION
16.01 Approval by Architectural Review Committee.
Except as provided in Section 16.02 and 16.03 below, no Lot shall be subdivided nor
shall any portion be separately sold, leased or rented, nor shall separate Lots be combined, unlesF
and until the plan for such proposed subdivision or separate sale, leasing or renting or
combination shall have been submitted to and approved in writing by the Architectural Review
Committee and, if applicable, any governmental authority having jurisdiction thereof. The
Architectural Review Committee shall not approve any subdivision or combination which would
violate any setback, open space or other requirements of this Declaration or of any applicable
governmental entity having jurisdiction thereof. Notwithstanding anything herein to the
contrary, the approval by the Architectural Review Committee of subdivisions or combinations
of property owned by Declarant as provided in Sections 16.02 and 16.03 below shall not be
required.
16.02 Subdivision by Declarant.
The Property owned by Declarant may be subdivided by Declarant into individual Lots.
16.03 Combination: Resubdivision by Declarant.
Lots owned by Declarant may be combined and/or resubdivided in Declarant's sole
discretion and without the need of approval or consent by any party, provided all Lots resulting
from such combination and/or resubdivision meet all applicable governmental subdivision rules,
408080 19

Inst #F 173882 Book 1813Page: 805
regulations and codes. Resubdivision resulting in a violation of setback, open space or other
requirements is prohibited.
ARTICLE 17 - EASEMENTS
17.01 Utilities.
In addition to easements and rights -of -way in existence at the time of the conveyance by
Declarant of any Lot, non-exclusive easements and rights -of -way are reserved in favor of the
Declarant and the Association in, over and under a strip of land ten (10) feet in width along all
rear and side parcel lines for utility easements to be utilized by the Declarant and the Association
for the installation, maintenance, repair and replacement of such utilities (including, without
limitation, electricity, gas, telephone, cable TV, water, sewer and drainage) as may be necessary,
appropriate or desirable for other development of the Property and the servicing of Lots within
the Property. The execution of formal easements, as and when such utility easements shall be
deemed by the Association to be appropriate, shall be entirely at the discretion of the
Association, and the Association shall have the right to execute any such easement agreements
without the joint execution or the consent of the Owner of any Lot affected. For such purposes,
the non-exclusive use of all or any part of such easements and rights -of -way may be granted or
conveyed by the Association to any person, fim-, governmental unit or agency or corporation
furnishing any such services. In the event that (i) an Owner shall be the Owner of the adjoining
Lots or (ii) a subdivision or combination of an Owner's Lot(s) has been effected in accordance
with Article 15, such Owner shall have the right, at its sole cost and expense, to relocate the
easements reserved under this paragraph to another location upon such Owner's Lot(s), provided
that (i) such relocated easement provides substantially the same services as the original easement
and (ii) utility services to other portions of the Property are not interrupted. The Association
shall, upon satisfaction of the conditions and requirements set forth in the preceding sentence,
execute such instruments of documents that may be necessary or desirable to relocate such utility
easements at the Owner's expense. Nothing contained in this Section 17.01 shall place any
obligation upon the Association for the installation, maintenance, repair or replacement of
utilities within the easement areas reserved under this Section unless the Association expressly
assumes such obligation following approval of the Members at a meeting duly called subject to
the voting and quorum requirements set forth in Article 4.
17.02 Recreational Pathways Easement Areas.
The Declarant may, at its option, establish easements across any portion of the Property
for recreational pathways (the areas so devoted to such recreational pathways easements being
referred to herein as the "Recreational Pathways Easement Areas"). If recreational pathways are
constructed on any Lot, Declarant agrees to use good faith efforts, to the extent practicable, to
locate the Recreational Pathways Easement Areas in the vicinity of the edges of such Lot or in
areas which do not materially impair the use or value of the Lot. The Declarant and all other
Owners hereby grant and convey to the Association, its successors and assigns, permanent
nonexclusive easements and rights of way over and under the Recreational Pathways Easement
Areas for the purposes of (i) the use of the Recreational Pathways Easement Areas for pedestrian
traffic within the Property, (ii) maintaining, repairing, replacing and improving the recreational
pathways located from time to time within the Recreational Pathways Easement Areas, and (iii)
performing any obligations of the Association with respect to the Common Areas as are specified
in Article 5 of this Declaration.
17.03 Entrance Sign and Fencine Easement Areas.
The Declarant may, at its option, establish easements for entrance signs for the Property
and fencing (the "Entrance Sign Easement and Fencing Areas') in locations to be determined by
Declarant. The Declarant and all other Owners hereby grant and convey to the Master
Association and the Association, its successors and assigns, permanent nonexclusive easements
and rights of way over and under any Entrance Sign Easement and Fencing Areas for the purpose
of (i) the use of the Entrance Sign Easement and Fencing Areas as part of the Common Areas for
the placement of such signs and fences therein as may be approved by the Architectural Review
Committee from time to time, (ii) constructing, maintaining, repairing, replacing and improving
signs and fences within the Entrance Sign Easement and Fencing Areas, and (iii) performing any
40808v3 20

Inst 0 173882 Book 1813P&ge: 806
obligations of the Association with respect to the Common Areas as are specified in Article 5 of
this Declaration.
ARTICLE 18 - PRIVATE ROADS, RESERVED EASEMENTS, AND
RESERVED RIGHTS
18.01 Private Roads.
In the development of the Property, the Declarant may construct certain private streets
within the Property connecting parcels of the Property to public rights -of -way or to the Roads.
Except as set forth in the Master Cross Access Easement described hereinafter, the Owners shall
have no more than an easement for ingress and egress over and across such private streets for
themselves, their tenants, agents, employees, representatives, invitees and assigns, and there shall
be no public rights of any kind therein except as may be dedicated by the Declarant. Declarant
reserves unto itself its successors and assigns, all easements and rights of way over the private
roads and Common Areas for ingress, egress, utilities for access to and development of any
property.
18.02 Master Cross -Access Easement and Maintenance A reement.
The Declarant has recorded in Book 1683 at Page 1026 of the Brunswick County
Registry a Master Cross -Access Easement and Maintenance Agreement for Waterford which
grants to Lot Owners herein a right of common reciprocal access, ingress, egress and use of such
Mixed -Use Common Areas as described therein and for the allocation of expenses of maintenance
of such areas. All Lots are subject to the terms and conditions thereof and are held together with
all rights and privileges as set forth in the Master Cross -Access Easement.
18.03 Reserved Rights.
Declarant reserves unto itself, its successor and assigns the following rights:
(i) the right to complete improvements indicated on its plats and plans;
(ii) the right to exercise any development rights;
(iii) the right to maintain sales offices, management offices, signs advertising the
Property or any additions thereto or any other property owned and/or developed by Declarant;
(iv) the right to use easements through the common elements for the purpose of
making improvements within the Property or within real estate which may be added to the
Property;
(v) the right to make the Property part of a larger planned community or group of
planned communities;
(vi) the right to subject the Property to a master association; and
(vii) the right to appoint or remove any officer, director or executive board member of
any property owners' association (including, without limitation, the Association, any sub -
association and/or the Master Association) during the Class B Control Period.
ARTICLE 19-ASSESSMENTS
19.01 Assessments Established.
(a) General Annual Assessments as provided in Section 19.02 of this Article.
(b) Special Assessments as provided in Section 19.03 of this Article.
(c) Specific Assessments as provided in Section 19.04 of this Article.
All of the foregoing (together with interest at the maximum rate allowed by law, court
costs, late charges, charges for reasonable attorneys' fees and all costs and expenses of
408080 21

Inst 0 173882 Hook 1813Page: 807
collection) are continuing charge on the land and are secured by a continuing lien upon the Lot
against which such assessments are made, as provided in Section 19.08 below. Each assessment
(together with interest at the maximum rate allowed by law, court costs, late charges, charges for
reasonable attorneys' fees and all costs and expenses of collection) is also the personal obligation
of the person who was the Owner of such Lot when such assessment became due and is a lien on
the Lot, which lien will remain on the Lot even if title to the Lot is transferred to any other
person or entity whether or not related to the Owner; provided, however, the personal obligation
for delinquent assessments shall not pass to the Owner's successors in title unless expressly
assumed by them. Co -owners of a Lot shall be jointly and severally liable for the entire amount
of the assessment.
19.02 General Annual Assessment.
The General Annual Assessment shall be used exclusively to promote the recreation,
health, safety and welfare of the Owners within the Property, including, without limitation, (i)
the operation, management, maintenance, repair, servicing, security, renewals, replacement and
improvement of the Common Areas and other responsibilities of the Association set forth in this
Declaration, (ii) taxes assessed on the Common Areas; (iii) insurance on and with respect to the
Common Areas (including liability insurance); and (iv) all other general activities and expenses
of the Association, including the enforcement of this Declaration. The General Annual
Assessment shall be utilized for payment of costs and expenses relating to the following (which
list is not intended to be exclusive or exhaustive):
(a) Street lights and all other utilities;
(b) Street light maintenance;
(c) Common Areas maintenance reserve;
(d) Maintenance of the Common Areas (including, without limitation,
recreational pathways, irrigation systems and landscaping);
(e) Street and sidewalk snow removal;
(f) Liability insurance;
(g) Officers' and directors' insurance;
(h) Tax preparation;
(i) Bookkeeping;
0) Office supplies/check printing;
(k) Property taxes on Common Areas (main road, internal road, sewer access);
(1) Common signs and sign easements;
(m) Stormwater Retention Facilities maintenance and repair and compliance
with all terms and conditions of stormwater retention permits which charges, maintenance and
repairs are performed by the Waterford Residential Association and billed to Association for
inclusion in the General Annual Assessment;
(n) Stormwater Retention Facility maintenance and repair and compliance
with all terms and conditions of stormwater retention permits which charges, maintenance and
repairs are not performed by the Waterford Residential Association or any individual property
owner or project.
(a) Maintenance and repair of drainage and utility easements;
(p) Maintenance, cleaning, repair and replacement of Roads until accepted for
maintenance by the appropriate governmental authorities;
408080 22 I

Inst $ 173882 Book 1813page: 808
(q) Storm repair, replacement and cleanup; and
(r) Mixed Use Common Area Expenses as established in the Master Cross -
Access Easement and Maintenance Agreement described herein.
The General Annual Assessment provided for herein shall commence on the date of
conveyance of each Lot to an Owner other than Declarant and shall be prorated based upon the
number of calendar months, or portion thereof, remaining in the fiscal year in which the
conveyance of each Lot occurs.
19.03 Special Assessments.
In addition to the General Annual Assessment, the Association may levy a Special
Assessment for the purpose of defraying, in whole or in part, the cost of any acquisition,
construction, reconstruction, renewal, repair or replacement of a capital improvement upon the
Common Areas and for such other purposes as may be determined from time to time by the
Board, provided such assessment first is approved by a vote of two-thirds (2/3) of the votes cast
at a duly called meeting of the Association, subject to the quorum requirements established by
Article 4, and subject to the requirement that written notice of the meeting and of the proposed
action is sent to Members of the Association at least ten (10) days prior to such meeting but not
more than sixty (60) days prior to such meeting. Any such Special Assessment may be payable
in one or more installments with or without interest as the Board determines.
Notwithstanding anything to the contrary contained in this Declaration, the Board may, at
any time and from time to time, levy a Special Assessment should the Board determine that there
shall be a deficit in its receipts versus its expenditures for any fiscal year of the Association. The
purpose of such Special Assessment shall be to defray any such deficit. Approval is required of
the levy of this Special Assessment by a simple majority vote of the votes cast at a duly called
meeting of the Association for the purpose of acting on such Special Assessment, subject to the
quorum requirements established by Article 4 and subject to the requirement that written notice
of the meeting and of the proposed action is sent to the Members of the Association at least ten
(10) days prior to such meeting, but not more than sixty (60) days prior to such meeting.
19.04 Specific Assessments.
Any of the following costs and expenses may be assessed by the Association as a
"Specific Assessment" against any specific Lot or Lots in the event the Owner (or Owners) of
such Lot (or Lots) fails to pay such indebtedness due to the Association within thirty (30) days
after written demand therefor: (1) any and all accrued indebtedness of any Owner to the
Association arising under any provision of this Declaration, arising by contract (express or
implied), or arising because of any act or omission of any Owner or person for whose conduct
such Owner is legally responsible or to cover the costs incurred in bringing a Lot into
compliance with this Declaration, the Articles, the Bylaws or the Rules and Regulations of the
Association; (2) any common expense or portion thereof benefiting fewer than all of the Lots;
and/or (3) any costs incurred by the Association to bring the relevant Lot(s) or Common Areas into
compliance with the terms of these Restrictions, the Articles, Bylaws or Rules and Regulations
caused by the failure of Owner, or the Owner's agents, lessees, guests, or invitees, to comply with
such provisions (including, without limitation, any acts of negligence or misconduct). In the event
any Owner fails to perform any obligation required herein, the Association may perform such
obligation on the Owner's behalf, assess a fine for such failure to comply, and levy the cost of
such performance or remedy against the Owner and the Owner's Lot(s) as a Specific Assessment
hereunder.
19.05 Amount: Due Dates.
The assessment period shall be the fiscal year. The amount of the General Annual
Assessment, as determined in accordance with a budget prepared according to the criteria
contained in Section. 19.02, shall be fixed by the Board on or before .tune 30 of each calendar
year; provided, however, that the amount of the General Annual Assessment for the first fiscal
year shall be fixed by the Board within sixty (60) days following the recording of this
Declaration. Written notice of the assessment shall be given each Owner. The Board shall
408MO 23

Inst 0 173882 Book 1813Page: 809
establish the due dates in its discretion. The General Annual Assessments shall be paid at least
annually, although the Board may require them to be paid more often. As to each Lot (but
subject to Section 19.04 above), the amount of each assessment shall be the sum obtained by
multiplying the total General Annual Assessment amount as described above by a fraction
having as its numerator a number equal to the gross square feet of Owner's Lot and Buildings as
described in 4.02(a) above and as its denominator a number equal to the total square footage of
all Lots in the subdivision plus the total heated square footage of all Buildings erected on Lots
within the Subdivision.
19.06 Commencement.
The assessments provided by this Article will commence as to each Lot on the date of the
conveyance of the Lot to an Owner other than Declarant.
19.07 Assessment Lien.
All sums assessed to any Lot (together with interest at the maximum rate allowed by law,
court costs, late charges, charges for reasonable attorneys' fees and all costs and expenses of
collection) are secured by a continuing lien on such Lot in favor of the Association. Such lien is
subject and inferior to the lien of any Mortgage encumbering such Lot as provided in Section
19.11, below; but all other lienors acquiring liens on any Lot after the Declaration is recorded are
deemed to consent that such liens are inferior to the lien established by this Declaration whether
or not such consent is set forth in the instrument creating such lien. The recording of this
Declaration constitutes constructive notice to all subsequent purchasers and creditors, or either,
of the existence of the Association's lien and its priority. The Association from time to time
may, but is not required to do so, record a notice of lien against any Lot to further evidence the
lien established by this Declaration.
19.08 Association Remedies.
Any assessment or portion thereof not paid within ten (10) days after its due date is
deemed to be delinquent and shall bear interest at the lesser of (i) the rate of eighteen percent
(181/6) per annum or (ii) the highest rate permitted by applicable law from the date of such
default. The Association shall be entitled to enforce all remedies of the Association provided
herein for delinquent assessments if such delinquency continues for thirty (30) days following
written demand by the Association to cure such delinquency. Upon an Owner's failure to pay
any installment of an assessment for which installment payments are permitted, the Association
may declare the whole assessment immediately due and payable upon ninety (90) days notice as
aforesaid. The Association may sue the Owner personally obligated to pay such assessment for a
money judgment and/or may foreclose its lien against the Lot. A suit to recover a money
judgment for unpaid assessments may be maintained without foreclosing, waiving, or otherwise
impairing the security of the Association's lien or its priority. No Owner may waive or escape
liability for the Association's assessment by nonuse of the Common Areas or by abandonment of
such Owner's Lot.
19.09 Foreclosure.
The lien for sums assessed pursuant to this -Article shall be deemed a mortgage for the
purposes of, and may be foreclosed by appropriate action in accordance with Article 29A of
Chapter 1 of the North Carolina General Statutes, or may be foreclosed in any other manner
permitted by law. In any such foreclosure, the Owner is required to pay all costs and expenses of
foreclosure, including reasonable attorneys' fees. All such costs and expenses are secured by the
lien foreclosed. Such Owner also is required to pay the Association all assessments against the
Lot that become due during the period of foreclosure, which also are secured by the lien
foreclosed and will be accounted and paid as of the date the Owner's title is divested by
foreclosure. The Association has the right and power to bid at the foreclosure or other legal sale
to acquire the Lot foreclosed, or to acquire such Lot by deed or other proceeding in lieu of
foreclosure, and thereafter to hold, convey, lease, rent, use and otherwise deal with such Lot as
its owner. If any foreclosure sale results in a deficiency, the Owner shall remain liable therefor.
The Association may not own or otherwise acquire Lots except pursuant to foreclosure of the
Association's lien or pursuant to a deed in lieu of foreclosure of the Association's lien.
408080 24

Inst #f 173882 Book 1813Bage: 810
19.10 Subordination of Liens.
The lien provided for herein in connection with a given Lot or Lots shall be subordinate
to the lien or any Mortgage that is of record as an encumbrance against such Lot or Lots. The
sale or transfer of any Lot pursuant to a judicial foreclosure or foreclosure by power of sale of a
Mortgage encumbering any Lot shall extinguish any subsequent assessment lien which has
attached and become effective with regard to the Lot being so transferred, and shall prohibit the
creation of any lien against such Lot on account of expenditures which became due prior to the
date of such sale or transfer; provided, however, that there shall be a lien on the interests of the
purchaser at such sale which shall attach, be created and become effective, and be foreclosed in
accordance with this Declaration and which shall secure all assessments becoming due after the
date of any such sale or transfer. For the purposes of this section, a sale or transfer of a Lot shall
be deemed to occur on the date of recordation of a deed or other instrument of title evidencing
the conveyance of record title to the Lot.
19.11 Exemption of Declarant.
Notwithstanding anything to the contrary contained in this Declaration, Declarant shall be
exempt from the payment of Assessments for any (i) unsold Lot(s) owned by Declarant which
are unplatted or platted of record in the Registry and (ii) any other portions of the Property
owned by Declarant.
19.12 Workine Capital.
At the time title to a Lot is conveyed to an Owner by Declarant and in every transaction
thereafter involving the sale of the Lot, each new Owner shall contribute to the Association as
working capital an amount to be designated by the Declarant (such amount not to exceed the
amount of the total General Annual Assessment due relative to such Lot during the calendar year
of such conveyance). Such funds shall be used for operating and capital expenses of the
Association such as prepaid insurance, supplies and the expenses of maintaining the Common
Areas as provided herein. Amounts paid into the working capital fund are not to be considered
as an advance payment of the General Annual Assessment. All working capital funds shall
become a part of the general operating and revenue funds of the Association.
ARTICLE 20 - ASSIGNABILITY OF DECLARANT'S RIGHTS AND
DUTIES
20.01 Assienment of D_eclarant's Riehts.
Declarant may assign any or all of its rights, powers and reservations as Declarant
hereunder to any person or entity which owns or controls a substantial part of the Property or in
connection with a sale or transfer by Declarant to any person or entity of substantially all of
Declarant's remaining Property. Where such person or entity evidences its consent in writing to
accept such assignments and assume such duties, he, she or it shall, to the extent of such
assignment, have the same rights and powers and be subject to the same obligations and duties as
are imposed upon Declarant hereunder and Declarant shall be relieved thereof. The term
"Declarant" as used herein includes all such assignees and their heirs, successors and assigns.
ARTICLE 21- ENFORCEMENT AND DURATION
21.01 Covenants Runnine With Land.
The conditions, covenants, restrictions and reservations herein contained shall run with
the land, and be binding upon and inure to the benefit of Declarant, the Association and the now
and future Owners of every part of the lands now or hereafter covered by the provisions hereof,
shall create mutual, equitable servitudes upon each Lot in favor of every other such Lot; and
shall create reciprocal rights and obligations between and among Declarant, the Association and
the respective Owners and tenants of all Lots and privity of contract and estate between
Declarant, the Association and all Owners of said Lots, their heirs, successors and assigns;
provided, however, only the Declarant or its assignees shall have the right to exercise the
discretionary powers herein reserved to the Declarant.
40808v3 25

21.02 Enforcement. Inst 0 173882 took 181.3Page: 811
These Restrictions may be enforced as herein provided by Declarant, the Association, any
Owner, or any tenant with approval of the Owner of the Lot of which the tenant occupies in
whole or in part, and violation of any condition, covenant, restriction or reservation herein
contained shall give to Declarant, the Association, and to the Owners or any of them, the right to
bring proceedings at law or in equity against the party or parties violating or attempting to violate
any of said Restrictions, to enjoin them from so doing, to cause such violation to be remedied, or
to recover damages resulting from any such violation. Every act, omission to act, or condition
which violates these Restrictions shall constitute a nuisance and every remedy available at law or
in equity for the abatement of public or private nuisances shall be available to the Declarant, the
Association and the Owners. In any legal or equitable proceeding to enforce the provisions
hereof or to enjoin their violation, the party or parties against whom judgment is entered shall
pay the reasonable attorneys' fees of the party or parties for whom judgment is entered in such
amount as may be fixed by court in such proceeding. Such remedies shall be cumulative and not
exclusive. The Association shall have the right to remedy any violation of this Declaration and
the Bylaws and assess the costs of remedying same against the offending Owner as a Specific
Assessment. For any violation by an Owner (including, but not limited to, the nonpayment of
any General Annual, Special or Specific Assessment), the Association shall have the right to
suspend the offending Owner's voting rights hereunder and the use by such Owner, his agents,
lessees, employees, licensees and invitees of the Common Areas in the Subdivision for any
period during which a violation continues (except that such penalties may not be for more than
sixty (60) days for violation of any of the Association's published Rules and Regulations). The
Association may establish a schedule of fines for the violation of this Declaration, the Articles,
Bylaws and Rules and Regulations. The remedies provided by this Section are cumulative, and
are in addition to any other remedies provided by law.
21.03 Dedication.
It is understood that from time to time Declarant or other Owners or the Association may
dedicate portions of the Property to various governmental bodies or to public utilities, to be used
as public streets, utility corridors, or similar purposes essential to the use and development of the
Property.
21.04 Priori
All Restrictions and other provisions, except for liens for assessment, herein contained
shall he deemed prior and superior to all Mortgages now or hereafter executed upon land subject
to this Declaration, and to all leases covering part or all of any Lot; provided, however, the
violation of these Restrictions shall not defeat nor render invalid the lien of any Mortgage made
in good faith and for value, nor the leasehold estate of any tenant except to the extent otherwise
expressly provided in its lease. If any portion of the Property is sold under foreclosure of any
Mortgage, any purchaser at such sale, and his or her successors and assigns, shall hold any and
all of such properties purchased subject to all of the Restrictions and other provisions hereof as
fully as if such purchaser were an original party to this Declaration.
21.05 No Waiver.
The failure of Declarant or any Owner or the Association to take action to enforce the
provisions hereof or to enjoin their violation shall in no event be deemed a waiver of its right
subsequently to do so, nor shall it be deemed a waiver of any subsequent default or of the
continuation of any existing default nor shall such failure give rise to any claim or course of
action against Declarant, Association or any Owner.
21.06 Duration.
These Restrictions shall run with and bind the land and shall be binding upon and shall
inure to the benefit of the Association, the Declarant and each Owner, their respective legal
representatives, heirs, successors and assigns and parties and all persons claiming under or
through Declarant or any Owner for a period of twenty (20) years, at which time the Restrictions
shall be automatically extended for successive periods often (10) years; provided, however, that
there shall be no renewal or extension of this Declaration if, during the last year of the initial
409080 26

Inst # 173882 Book 1813Page: 812
period (or during the last year of any subsequent ten (10) year renewal period), three -fourths
(3/4) of the votes at a duly held meeting of the Association are cast in favor of terminating this
Declaration at the end of its then current term; provided, however, that so long as Declarant owns
at least twenty percent (20%) of the Lots including, without limitation, proposed or planned Lots
in the Property, no such termination shall be effective without the written approval of Declarant.
It shall be required that written notice of any meeting at which such a proposal to terminate this
Declaration is to be considered, setting forth the fact that such a proposal will be considered,
shall be given each Member at least (30) days in advance of said meeting. In the event that the
Members vote to terminate this Declaration, the President and Secretary of the Association shall
execute a certificate which shall set forth the resolution of termination adopted, the date that
notice of such meeting was given, the total number of votes of Members, the total number of
votes required to constitute a quorum at a meeting of the Association, the number of votes
necessary to adopt a resolution terminating this Declaration, the total number of votes cast in
favor of such resolution, and the total number of votes cast against such resolution. Said
certificate shall be made of record and may be relied upon for the correctness of the facts
contained herein as they relate to the termination of this Declaration.
21.07 Amendments by Members.
(a) The procedure for amendment shall be as follows: All proposed
amendments shall be submitted to a vote of the Members at a duly called meeting of the
Association and any such proposed amendment shall be deemed approved if sixty-seven percent
(67%) of the votes cast at such meeting vote in favor of such proposed amendment; provided,
however, that so long as Declarant owns at least twenty percent (20%) of the Lots including,
without limitation, proposed or planned Lots in the Property, no such amendment shall be
effective without the written approval of Declarant. Notice shall be given each Member at least
ten (10) days but not more than sixty (60) days prior to the date of the meeting at which such
proposed amendment is to be considered. If any proposed amendment to this Declaration is
approved by the Members as set forth above, the President and Secretary of the Association shall
execute an addendum to this Declaration which shall set forth the amendment, the effective date
of the amendment, the date of the meeting of the Association at which such amendment was
adopted, the date that notice of such meeting was given, the total number of votes required to
constitute a quorum at a meeting of the Association, the total number of votes necessary to adopt
the amendment, the total number of votes cast in favor of such amendment, and the total number
of votes cast against the amendment. Such amendment shall be recorded in the Registry.
Furthermore, these Covenants may be amended unilaterally by Declarant so long as it
owns twenty-five (25%) or more of the Lots, including without limitation, proposed or planned
Lots in the Property, exclusive of public rights -of -way by recording the appropriate document in
the Registry, and by giving notice of such change to the then Owners of Lots. No such
termination, extension, modification of amendment shall (i) be effective until a proper instrument
in writing has been executed acknowledged, delivered and recorded in the Registry or (ii) affect
any plans, specifications or use theretofor approved by Declarant or any improvements
theretofore or thereafter made pursuant to such approvals. Retention of this right to amend by
Declarant is not intended to affect the general or common scheme of development for the
Property, but to correct and/or modify situations or circumstances which may arise during the
course of development.
(b) Amendments by the Members to this Declaration shall be subject to the
following additional limitations:
(i) if any provisions of this Declaration expressly prohibit or place
limitations upon an amendment to this Declaration, then such provisions shall control over the
provisions of this Section 21.07; and
(ii) this Declaration may not be amended so as to alter any obligation
to pay ad valorem taxes or assessment for public improvements or so as to deprive Declarant, its
designee or successors or assigns of any rights granted or reserved unto Declarant without
Declarant's written approval.
408080 27

Inst 9 173882 Hook 1813Page: 813
ARTICLE 22 - RIGHTS OF HOLDERS OF INSTITUTIONAL
MORTGAGES
22.01 Inspections; Notices.
Any holder of an Institutional Mortgage which is a first lien on a Building site will, upon
written request to the Association and payment of a fee, if any, established by the Board, be
entitled to:
(i) Inspect the books and records of the Association during normal business hours;
(ii) Receive a copy of the annual financial statement of the Association, if any,
delivered to the Members;
(iii) Receive written notice of all meeting of the Association and the right to designate
a representative to attend all such meetings;
(iv) Receive written notice of any condemnation or casualty loss that affects the
Common Areas;
(v) Receive copies of any thirty (30) day notice of delinquent assessments given by
the Association to an Owner under Section 20.09 applicable to a Lot upon which
it holds an Institutional Mortgage;
(vi) Receive written notice of a default (other than a default in the payment of
assessments) under this Declaration by an Owner of a Lot upon which it holds an
Institutional Mortgage, if such Owner has failed to cure such default within thirty
(30) days following demand therefore by Association;
(vii) Receive written notice of a lapse, cancellation, or material modification of any
insurance policy or fidelity bond maintained by the Association; and
(viii) Receive written notice of any proposed action that requires the consent of a
specified percentage of Institutional Mortgage holders.
ARTICLE 23 -ADDITIONAL PROPERTY
23.01 Additional Property.
During the Class B Control Period, Declarant shall have the right from time to time,
without the requirement of any consent of the Members, to annex any or all of the Additional
Property into the Property, thereby subjecting such Additional Property to the coverage and
operation of this Declaration and the Restrictions herein contained. The Additional Property
may be annexed hereto by filing of record in the Registry an amendment to this Declaration or a
supplement to this Declaration (a "Supplemental Declaration') with respect to the Additional
Property (or the relevant portion thereof) which shall extend the operation, effect and
enforceability of the Restrictions of this Declaration to such Additional Property. The
amendment or Supplemental Declaration may contain such complementary additions and
modifications of the Restrictions contained in this Declaration as may be necessary or
appropriate in the sole judgment of Declarant to reflect the different character, if any, of the
Additional Property provided such additions and modifications as are not materially inconsistent
with the plan, intent and spirit of this Declaration.
408080 28

Inst # 173882 Hook 1813Page: 814
ARTICLE 24 - COORDINATION WITH WATERFORD RESIDENTIAL
PROPERTYASSOCIATION
24.01 Stormwater Retention Facilities.
Certain stonnwater facilities physically located on Waterford commercial property
subject to this Declaration are interrelated with and/or connected to stormwater retention
facilities within the residential property and subject to the residential declaration. The
stormwater retention permit described herein will be transferred to the residential association
which shall assume the responsibility for those stor nwater retention facilities enumerated in the
permit. The residential association shall perform all maintenance and repairs to such facilities
and shall insure compliance with the permit conditions and requirements. Such charges shall be
billed to the commercial association to be included in the General Annual Assessment. All
necessary easements for access, maintenance, repair, reconstruction and all other easements
necessary to keep these facilities in compliance with the permits are reserved over those
properties adjoining said facilities and will be shown on recorded maps thereof. The commercial
association, as part of the general assessment, shall prorate all charges associated with the
commercial stormwater retention facilities to commercial property owners based upon the ratio
that the impervious surface square footage allotment to each property bears to the total allocation
of the facilities.
ARTICLE 25 - AUSCELLANEOUS
25.01 Notices.
All notices, consents, approvals or other communications (herein called Notices) required
or permitted to be given hereunder shall be in writing and shall be deemed to have been properly
given if sent by registered or certified mail, postage prepaid, addressed as follows:
If to Declarant:
WDV, Inc.
P. O. Box 1967
Wilmington, North Carolina 28402
If to the Association:
Waterford Master Commercial Association, Inc..
P. O. Box 1967
Wilmington, North Carolina 28402
If to any Owner:
At the address specified in the deed from Declarant to the
Owner of the Lot in question, or at such other address
provided in writing to the Association from time to time by
the Owner (if any).
If to an Institutional
Mortgagee:
At the address provided in writing to the Association by
such Institutional Mortgagee.
Declarant, any Owner or any Institutional Mortgagee may change the address to which
notices are to be sent by delivering notice of such address change to the Association in the
manner herein before provided. The Association may change the address to which notices are to
be sent to the Association by delivering notice of such address change to the Declarant, the
Owners, and any Institutional Mortgagee in the manner herein before provided. Notices shall be
deemed given on the date of the registration or certification thereof. The Association shall not be
bound by any change in record ownership of any Lot until it has been given notice of such
change in ownership and the address of such Owner in the manner herein provided for the giving
of notices.
408080 29

25.02 Consent. Ynst 0 173882 Book 1813Page: 81.5
Every person who now or hereafter owns or acquires any rights, title, estate or interest to
any portion of the property covered hereby is and shall be conclusively deemed to have
consented and agreed to every covenant, condition and restriction contained herein, whether or
not reference to this Declaration is contained in the instrument by which such person acquired an
interest in said property.
25.03 Subordination of Deed of Trust.
The lenders and the trustees of any Mortgages encumbering the Property as of the date of
this Declaration have joined in the execution of this Declaration so as to subordinate their
respective deeds of trust to the terms and provisions of this Declaration.
25.04 Paragraph Headings.
Paragraph headings are inserted for convenience only and are not intended to be a part of
this Declaration or in any way to define, limit, or describe the scope or intent of the particular
paragraph to which they refer.
25.05 Severability.
If any provision of this Declaration is held to be invalid by any court, the invalidity of
such provision shall not affect the validity of the remaining provisions hereof, and for the
purposes hereof all covenants as contained herein shall be deemed to be severable each from the
other without qualification.
25.06 Governine Law.
This Agreement and the separate provisions thereof shall be construed and enforced in
accordance with the laws of the State of North Carolina without regard to principles of conflict
of laws.
ARTICLE 26—REDESIGNATION-SERVICE EASEMENTS
26.01 Chanees.
Declarant hereby reserves the right, in its sole discretion, to change, alter, designate or
redesignate streets (including Roads), utility and drainage facilities and easements, and to
change, alter, designate and/or redesignate such other present and proposed amenities and
facilities as may, in the sole judgment of Declarant, be necessary or desirable within the Property
and/or Additional Property, except that Developer shall have no right to change, alter or
redesignate the character of the use of the Lots in the Property.
26.02 Services.
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 Areas in the performance of their duties. Also, an easement is hereby established over
all Lots and Common Areas for the benefit of applicable governmental agencies for the setting,
removing, and reading of water meters, maintaining and replacing water, drainage and drainage
facilities, garbage collection and delivery of mail.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to by duly
executed as of the date first above written.
WDV, INC. y�
By:C /) �
President
408080 30

NORTH CAROLINA Inst 8 173882 Book 1813Page: 816
NEW HANOVER COUNTY
I, .� pilaca cl_ )� FL c 1Q.r�, a Notary Public of the State and County
aforesaid, certify that Robert C. G. Exum personally came before me this day and acknowledged
that he is President of WDV, INC., a North Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing instrument was signed in its name by its
President.
WITNESS my hand and official seal this $ day of �y�p�(1 , 2003.
����
My commission expires: \
i
� S• �i
PaY v!'
A
AN,-%Ip Vey` GOJ
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
SANDRA S HATGLER
1 \ f
Notary Public
-` -
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 2 6th Day of August 2003
in the Book and page shown on the First Page hereof.
RO J. R I SON, Register oP Deeds
408080 31

•
EXHIBIT A
Inst ii 173882 Book 1813Page: 817

CAPE FEAR
Engineering, Inc.
151 Poole Road, Suite 100
BOM11e, NC 28461
TEL [phone]
FAX [phone]
www.capefeareng.com
To:
NCDENR — Div. Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Attn:
Rhonda Hall
h1o0 Z0510
Transmittal
Date: 9/18/06
File: 650-06
Subject: Waterford of the Carolinas
Stormwater Submittal
SW8 020510 Mod. Dec 7,2004
❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval
❑ Sent via Mail ❑ Sent via Courier
Quantity
Drawing No.
Description
2
Original + 1 Copy of Application and Supplement
1
$420.00 Application Fee
2
Sample Deed Restriction
2
Project Narrative and Supporting Calculations
2
Sets of Plans
REMARKS
CC: d Cape r /naering, Inc.
File
Signed
Trans-NCDENR-18sept06.doc

Project No. SW8 .Z /O QDJ
1 .� �oF A WTEgp
Project Name: o
County-
Dear
The Wilmington Regional Office of the Division of Water Quality received
your stormwater application and $420.00 fee on /9 G
Your project will be reviewed within 75 days of receipt, 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.
if you have any questions, please contact any member of the stormwater
review staff in the Wilmington Regional Office at [phone].
Date Sent: Patricia Collins
0

Central Files. APS_ SWP
09/29/06
Permit Number SW8020510
Permit Tracking Slip
Program Category
Status Project Type
State SW
In review Major modification
Permit Type
State Stormwater
Version Permit Classification
Individual
Primary Reviewer
linda.lewis
Permitted Flow
Permit Contact Affiliation
Facility.
Facility Major/Minor Region
Waterford Phase II Minor Wilmington
Location Address
Poole Rd
Leland NC 28451
County
Brunswick
Facility Contact Affiliation
Omer _
Owner Name Owner Type
WDV Inc Non -Government
Owner Affiliation
Bert Exum
PO Box 1967
Wilmington NC 28402
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
11 /25/02 09/29/06
Regulated Activities Requested/Received Events
State Stormwater - HD - Detention Pond Deed restriction requested
State Stormwater - Low Density Deed restriction received
Outfall NULL
Waterbody Name Stream Index Number Current Class Subbasin

41 CAPE FEAR
Engineering, Inc.
January 3, 2007
Rhonda Hall
NCDENR
Water Quality
127 Cardinal Dr. Ext.
Wilmington, NC 28405
RE: Waterford (SW8 020510 Mod.)
Rhonda:
7� 7T
JAN R tuu/
B'�-_
We are in receipt of a request for additional information regarding this project dated
December 1, 2006 and offer the following response:
1. Proposed deed restrictions have been revised to match the format of the
documents provided. The applicant has been unavailable to execute the
documents, but should return some time during the day today (01/03/07). I will
forward the executed documents to your office as soon as they are available, but
no later than tomorrow (01/04/07).
2. There is only 1 pond system proposed, comprised of several sub -basins. The
drainage area of the overall system is the project boundary, and the areas of sub -
basins and storm drainage collection systems are shown on individual tract sheets.
3. Revised sheets for tracts A, K, L, M, and N are attached. All drainage easements
are labeled and dimensioned on those sheets. Previously approved sheets have
not been revised.
4. Fore bays, vegetated shelves, and wetland plantings have not been required of this
system previously. No pond section details have ever been included on the
stormwater plan, but all supplements submitted to date have been consistently
approved with the disclaimer that these items are not required for this system.
The proposed modification is simply an expansion of the previously approved
pond with the same design requirements.
5. The total permanent pool surface area (SA) of the ponds is listed at 3,123,260
square feet ( 71.70 acres) on the pond supplement, and the drainage area (DA) is
listed at 578.90 acres. Therefore the SA/DA ratio 71.70/578.90, or 12.38%.
6. See item 2.
In addition to this information, we have resolved a slight tract boundary discrepancy on
tracts K and M and we have removed the land plan from tract K leaving it only as a
future development tract. These revisions were required to reconcile this permit and an
application made by others for the development of tract K (see SW8 061114 for details).
151 Poole Road, Suite 100 - 8elville, NC28451 - TEL: [phone] -FAX [phone]
www.cqpefearengineering.com

I trust this information to be sufficient for your review and approval. If you have any
questions or require additional information, please contact this office. Thanks again for
your timely review.
Sinc7x,31-&
K. Davis Fennell, P.E.
cc: file (650-06 "36")
WDV, Inc. (Attn. Bert Exum)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 1, 2006
Bert Exum, President
WDV, Inc.
PO Box 1967
Wilmington, NC 28402
Subject: Request for Additional Information
Stormwater Project No. SW8 020510 Mod.
Waterford
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received.a Stormwater Management Permit Application for
Waterford on September 19, 2006. A preliminary review of that information has determined
that the application is not complete. The following information is needed to continue the
stormwater review:
1. Please revise and reformat the proposed deed restrictions to incorporate the
necessary statements, as shown on the attached document. Among others, a
statement regarding the BUA limits for parcels E, F, K, M and N must be included
as well as a statement regarding the need for the purchaser of one of those
parcels to obtain a State Stormwater Permit. For the single family lots, additional
statements are needed.
2. Please provide a map that delineates the one overall drainage area for each of
the 8 proposed pond systems:
3. Please locate, label and dimension all drainage easements.
4. Please provide a typical pond section detail, including the required 3:1 slopes
above permanent pool, the forebay, vegetated shelf width, and a table of
elevations for each pond. Please include grassing specifications for the slopes
and a list of wetlands species to be planted on the vegetated shelf.
5. Please provide SA/DA calculations which demonstrate that the total surface area
provided at the permanent pool elevation meets or exceeds the minimum
required.
6. Please list the acreages of the 8 individual pond drainage areas and the square
footages of the built -upon area within each of the 8 pond drainage areas. The
breakdown of the individual tracts is helpful, but a breakdown by drainage area
would be even more helpful.
o�'hn"Caro 'na
Nawrallry
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: _www.ncwatergualiiy.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Mr. Exum
December 1, 2006
Stormwater Application No. SW8 020510
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to January 3,
2007, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed application
to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143.215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
f"O",
Linda Lewis
Environmental Engineer
ENB/arl: S:IWQSISTORMWATERIADDINFO120061020510.dec06
cc: Davis Fennell, P.E., Cape Fear Engineering
Linda Lewis
Page 2 of 2

In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
"built -upon" area consistent with the design criteria used to size the stormwater control facility.
1, , acknowledge, affirm and agree by my signature below, that
w I ill cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
9. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued. by the Division of Water Quality
under NCAC 2H.1000.
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 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the
following:
6. The maximum built -upon area per lot, in square feet, is as listed below.
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
Signature: Date:
1, , a Notary Public in 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 foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restrictions and protective covenants are required for High Density Developments with Outparcels
where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" area consistent with
the design criteria used to size the stormwater control facility.
acknowledge, affirm and agree by my signature below, that I will
cause the following deed restrictions and covenants to be recorded prior to the sale of any outparcel or
future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Water Quality
under NCAC 2H.1000.
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 built -upon area for the outparcel(s) shown on the approved plans is as follows:
Outparcel # BUA Outparcel # BUA
These allotted amounts include any built -upon area constructed within the property boundaries,
and that portion of the right-of-way between the lot lines and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. The runoff from all built -upon area within the outparcel or future development area must be
directed into the permitted stormwater control system.
8. Built -upon area in excess of the permitted amount.will require a permit modification.
9. The connection from the outparcel(s collection system into the stormwater control shall be made
such that short-circuiting of the system does not occur.
10. For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate offsite stormwater permit application to the
Division of Water Quality and receive a permit prior to construction.
Signature: Date:
1, , a Notary Public in 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 foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires

�-v t
NCDENR u_X) NT
North Carolina Department of Environment and Natural Resources I.tJt.
127 Cardinal -Drive, Wilmington NC 28405 [phone] FAX [phone] la`I,< 6p
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s).
FAX or email to Cameron. Weaverg7ncmail.net along with a. narrative and vicinity map of the project location.
Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made.
APPLICANT Name Billy Cashion
Company Weingarten Realty Investors
Address 9420 Forum Drive, Suite 101 City/State Raleigh Zip NC County 27615
Phone [phone] Fax [phone] Email BCashionQWein, arten.com
PROJECT NAME Harris Teeter at Waterford
PROJECT SYSTEM(S). TRIBUTARY TO Jackeys Creek (STREAM NAME) Cape Fear River BASIN
ENGINEERICONSULTANT ichard M 011ie P.E: �fp,` ri10 := 9 Via-( t1?A CO- 0 M i
Company McKim & reed_ , P.A. _ „-n r m01-TC_1fr7¢....'i' co rA Kv-
Address 243 Noih Front Street. City/State Wilmington' Zip NC County 28401
Phone [phone] — Fax [phone] Email rcollier(amckimcreed.com
State or National_ Environmental Policy Act (SEPA, NEPA).-_EA or EIS Required ❑ Ye s.ZJVo.
❑ STREAM ORIGIN Determination; # of stream calls; Stream Name
® STORMWATER ❑ Low Density ® High. Density -Detention Pond ❑ High Density -Other
Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter 0 High Density -Infiltration ❑ Off Site
-------------------------
0 COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
® LAND QUALITY® Erosion and Sedimentation Control Plan with 10.65 acres to be disturbed.
WETLANDS (401) Wetlands on Property ❑ Y s WesM
ed Wetlands on Property ❑ yes N No —
Check all that apply Wetlands Will Be Impacted WetlandImpacts: Acre(s)
Wetlands Delineation has been completed ® Yes ❑ No ❑ Buffers Impacted: Acre(s)
USA COE Approval of Delineation completed ® Yes ❑ No
404 Application in process w/USACOE [:]Yes ®No I Permit received from USACE ❑Yes ❑No
401 Application required ❑Yes ® No If Yes, ❑ Regular ❑ Express
Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for
subsequent reviews due to the insufficiency of the permit applications.. Cr A I
SUBMITTAL DATES:
SW
CAMA
LQS
401
Fee Split for multiple permits:
$
For DENR use only
Total Fee Amount $
400t'X VL'_�
r
C10-
n

Harris Teeter at Waterford
Express Stormwater Narrative
September, 2006
4628-0001
Project Narrative:
Existing Site
Weingarten Realty Investors owns a 29.47 acre tract of land, located in Brunswick County, NC.
The project site is bound by US Highway 74/76 to the north, Magnolia Greens Golf Plantation to
the west, US Highway 17 to the east.
The existing site is presently undeveloped with scarce vegetation. The tract is part of the
Waterford development has been previously permitted, SW8 020510 Modification. The permit
last revision is dated December 7, 2004. The site's allotment has designated as "Tract K" with
an 85 Built. Upon.
The proposed project area discharges to an unnamed tributary into Jackeys Creek. Jackeys
Creek is within the Cape Fear River Basin and is a classified C; Sw.
Proposed Improvements
This portion of "Tract K' will be developed as commercial development, Harris Teeter. The
area of the proposed construction limits is 10.65 acres. The previously permitted detention
ponds designated for the site are currently in place. Silt fencing will be located around any area
of off -site discharge. Temporary diversion ditches and temporary sediment traps will be
installed initially to alleviate the runoff. The drainage will be contained within the streets and
parking lots with curb and gutter. Drainage at the low pointes will flow into a storm drain
collection system previously allotted for the development. Sedimentation and erosion control
measures will be established. The county and state storm water regulations will be
accommodated.
Maintenance
The Contractor shall be responsible for .periodic inspection and maintenance of all. indicated
erosion control devices. In addition, inspection and any necessary maintenance will be required
immediately following any significant storm event. Any measure that fails to function as
intended shall be repaired immediately. Upon completion of construction and the establishment
of stabilizing ground cover, the property owner shall be responsible for site maintenance.

't 'y. •Y�H'-e._� < „{ i'4-�.. J � - 3„ ��,,,�� � ` l". r, .•- �'„�{�+. •:�"d'—`NR 4.� .. �R .
s �'u —
I
re
QF
in
Gl
rm
.T
�.-:_• •^:.-=.:;Y� _:ram= .. .. - - -
•
_ - `a�r .sue:-' .� - - y�;=;.;•:�X�F� pt _....i..�.-.'_':... _ `�� - • ;u:.' .. '
,._ i�'�ap: •:• _ �Y� - .. � vi., ��L :fit � - - _ � . -' ..
_
r s - may.. i•' :.. ? :, • _
_ �'` �-i � �?tea+ � ..1=". �•+w`1
_
k
•mac.
-t:HK.r _i.�: �.1-i...<., �:,...�:..T +�,rF.,.�;f _ ��i .. �Yy •;.; i 1.�
_ }-�• _ "`$y'+—���s- •n-�.' i�.L tea; � - '� ... .. 7
Cr -
rz
_ F _ �•";
- Esa u^ ,
�� - e'er' ,,yf _ _-;r'-�•:..�,:,;.;;:':._.�
"
'.L.
a�
i:fi' �'j?�_ti.' _ .i _ +1��v�Y�..._� '^�_�':L•` '_'may :-
`'i:J. � _ :%' - _ �:.�'E "_ �]!'•. - , .•}. _.;., cr -
- j I- 4
,
All
Olt
'Cs •k
�''!
- - _;q - `'i •' 'fie
ja-
�! ,� _ �,':: :�','.- _ �:,� F•+.. :•jai:" ti. j:'i.:Q
- �.�. -_ �`-��s,e =•may - :�^ - .f: -+ - �:s:,,:
�: 3*
- G
rcJ•.L
fir. ✓ �'�
I: - � -z"M - ',.K "I _ "�J'"Ys ,: ��• -S C'. :t.�� the Stir' �•�t. .��
- _��: ,•.ram .:YsE`x':;:;.) +.4 .. '" - _ .�:.•�_r.,�•._...,�.:"i�-z - :�_' -� '•i •� -�. L�=�,.� Y�_-.:6. !` �f� •C=�.•.+-_ .'k.-s���pr��::'`i'f�5 r(�:�J�:� ��. _. '���+�f x -� �'f��.��:z' F.'
.i. ...
I-
v�.•
.. J- .:�'':.=��r�•y�g• _ -:f:: �l:i. wYu�.`.�v .k �: _ �z'j � -. s:�`.�'..�%• � m'•��=E.. •:aF�-�.n �,w a`..g�.. - �1'=r• - _. ...
4:.

Harris Teeter at Waterford
Express Stormwater Narrative
September., 2006
4628-000.1
Proje.0 Narrative:
Existing Site
Weingarten Realty Investors owns a 29.47 acre tract of land, located in Brunswick County, NC.
The project site is bound by US Highway' 74176 to the north, Magnolia Greens Golf Plantation to
the west, US Highway 17 to the east
The existing site Is. presently -undeveloped with scarce vegetation. The tract is part of the
Waterford development has been
last revision is dated December 7, 2004. The 'site's allotment has designate5tas, "Trad K!'-with,
=-MO/0-BuLlTp9n.
The proposed project area discharge's to an unr . -Lamed tributary into Jackeys; Cie& Jackeys
Creel is within the Cape Fear River'Basin and is a classified C; 5w.
Proposed Improvements
This portion of "Tract K will be developed as commercial development, Harris Teeter. The
area of the proposed construction limits . is 10.65 acres.. The previously permitted -detention
ponds designated for the site 'are currently in place. Silt fencing will be located ar6M&`an_y`area__
of _off -site discharge. Temporary diversion ditches and temporary sediment traps will be
installed initially to alleviate the runoff. The drainage
will be contained within the streets and
parking lots with curb and gutter. Drainage .at the low pointer will flow into a storm drain
collection system previously allotted for the' development. Sedimentation and erosion control
measures will be established. The county and state storm water regulations will be
accommodated.
Maintenance
The Contractor shall be responsible for periodic inspection ection and maintenance of all indicated
erosion control devices. In addition, inspection and any necessary maintenance will be required
immediatelyfoll6wffig any significant . storm event. Any measure . that fails to function as
intended shalll. be repaired immediately. Upon completion of construction and the establishment
of stabilizing ground cover, the property owner shall be responsible for site maintenance

RE: Harris Teeter at Waterford
Subject: RE: Harris Teeter at Waterford
From: "Richard Collier" <[e-mail]>
Date: Tue, 24 Oct 2006 12:50:04 -0400
To: "Mary Jean Naugle" <[e-mail]>, <[e-mail]>,
<[e-mail]>
Thanks for the prompt response Mary Jean. I will coordinate with the
Master Permit Holder to have the modifications to the Master done
simultaneously with our permit.
Richard M. Collier, PE
McKim & Creed
I&E Wilmington, NC
[phone]
-----Original message -----
From: Mary Jean Naugle [mailto:[e-mail]]
Sent: Tuesday, October 24, 2006 12:28 PM
To: [e-mail]; Richard Collier; [e-mail]
Subject: Harris Teeter at Waterford
Ray and Richard;
I reviewed the permitting approach with Linda for Harris Teeter at
Waterford.
when a parcel of a project is sold and developed, that is within the
allocation for impervious and project areas of the master plan permit, a
plan revision is not required as long as the alloted areas are the
same.
Since Harris Teeter at Waterford is only a portion of the section K on
the master plan, then the master plan will need to be modified to
reflect those parcel project areas for what we discussed *may* be
identified K1 and K2. [or K & N, or whatever you chose]. The fee for
express modifications to HD are $4000.
Harris Teeter at Waterford will be permitted as an off -site to the
master plan for an express fee of $2000.
The master plan, SW8 020510, must be modified, prior to issuance of the
off -site for Harris Teeter, to include the changes for pond #14 since
Harris Teeter drains to that pond.
We recommend that the modification for changes to pond #14 submitted
through the regular stormwater program in September 2006, be retracted
and resubmitted to the express program to included both the pond changes
and the changes to alloted BUA for section K to two separate owners.
Both applications for modification to master plan and off -site permits
can be reviewed together with the submittal date prior to November 27,
2006, but each will carry it's own express fee.
Mary Jean Naugle
NC. DENR
Express Permitting
1 of 1 10/24/2006 2:18 PM

Design Narrative and
Supporting Calculations
For
Waterford
Brunswick County, North Carolina
RECEIVED
Prepared for SEP 19 2006
`vDV, Inc. Sc,u ©2os�U
P.O. Box 1967 PROJ #
Wilmington, North Carolina 28402
[phone]
Modification Date:
Prepared by
\F'�'s,
� % •! wL
SEAL
CQ24
�.t
ills
Cape Fear Engineering, Inc.
151 Poole Road, Suite 100
Belville, North Carolina 28451
[phone]

DESIGN NARRATIVE
L GENERAL:
The project site is located within Brunswick County, North Carolina and is bound by US Hwy.
74/76 to the north, Magnolia Greens Golf Plantation to the west, US Hwy. 17 to the east, and
Lincoln Industrial Park to the south. The project site is approximately 579 acres. Drainage
considerations are to be in accordance with DWQ stormwater requirements.
The intent of this project is to develop the infrastructure to support a residential and commercial
development. This is a high -density submittal with curbed and guttered streets draining to a
surrounding non -discharge lake system.
2. EXISTING SITE:
Site topography in the area is relatively flat with slopes typically less than (2) percent. Areas of
environmental concern, including potential wetland areas, are shown on the plan and will remain
undisturbed. Most of the site drains to the east, under US Highway 74/76, and ultimately to
Sturgeons Creek, which has a stream classification of C; SW. A small portion of the project will
drain to the south, under US Highway 17, and ultimately to Jackeys Creek which also has a
stream classification of C; SW. Vegetation consists primarily of grasses and minor ground cover
within the areas of the improvement. Subsurface soils are typically a mixture of sands, silty
sands and organics.
3. PROPOSED IMPROVEMENTS:
Proposed improvements include the installation of municipal utilities (water, sewer, and storm
drainage), small utilities (power, cable, telephone), and curb and gutter streets to serve a mixed
use development of single family residential, multi -family residential, a recreation center, and
commercial development. Drainage for the most part will be contained within the streets, which
will have curb and gutter to direct drainage to low points. Drainage at the low points in the
streets will flow into a storm drain collection system that will convey all runoff to inter-
connected non -discharge stormwater lakes.
The non -discharge lake system is a multi tier system with normal water surfaces controlled by
riser structures. Pond #1 has a drainage area of approximately 15.6 acres. The entrance and
main roadway make up approximately 4 acres of the drainage area to Pond #1, while the
remaining acreage is from Tract `K'. The water level in Pond #1 rises only 1.55 feet in response
to the 25 year storm event, discharging a negligible volume to Pond #2.
Pond #2 and Pond #5 are interconnected by a 24" pipe. The Pond #245 system has a drainage
area of approximately 36.1 acres. Surrounding roadways, all of the residential Tract `C', Tract
`F', and a portion of Tract `L' drain to this system. In the 25 year storm event, the ponds rise
1.79', discharging a negligible volume to Pond #8.
Pond system #3 has a drainage area of approximately 25.1 acres. The surrounding roadways, a

portion of Tract `D', and a portion of Tract `L' drain to this system. In the 25 year storm event,
the pond rises 0.45', discharging a negligible volume to Pond #2.
Pond system #4 is an isolated amenity pond without any storage. No area drains to Pond # 4 and
it discharges directly to Pond #2.
Swale #7 and Pond #15 are to be deleted. Pond #14 has been enlarged to accept a drainage area
of 32.85 acres comprised of portions of Tracts `K' and "M'. In the 25 year storm event, the
pond rises 1.70', discharging a negligible volume to Pond #8.
Pond system #10 is connected to Ponds # 11, # 12 and #13. All of the lots in Tract `J' (97.97
acres) and Tract `G' drain to this pond system. Also, approximately 8 acres comprised mainly of
runoff from the back of lots 97-102 and lots 119-130 of Tract `B' and a small portion of the main
road drain to the Pond # 10, # 11, # 12 and # 13 system. An offsite area, Tract `N', has been added
to this system, increasing the drainage area by 11.3 acres for a total of 168 acres. The water
level in the Ponds rises only 0.33 feet in response to the 25 year storm event, discharging a
negligible volume to Pond #9.
Pond #9 has a drainage area of 24 acres, comprised of lot and road drainage from Roads F, J, K,
L, and M of Tract `B' (see plan for specific drainage area). Pond #9 also receives the lake
discharge from the Pond #10, 11, 12 and 13 system. The water level in Pond #9 rises 0.64 feet in
response to the 25 year storm event, discharging a negligible volume to Pond #8.
Pond #8 previously had a drainage area comprised of the balance of Tract `B', the balance of the
amenity Tract `D', all of Tract `E' and connecting roadways. Now, all of Tract `H' (25.92
acres), all of Tract `I' (33.53 acres) and a portion of Tract `K' (22.63) for a total of 191.36 acres.
Pond #8 has been expanded to include the balance of Tract `L' (86.57 acres) for a total drainage
area of 277.93 acres. Pond #8 also receives the lake discharge from Ponds #9, 5, and 14. Pond
#8 shall have a normal water surface elevation of 19.0', with storage to elevation 20.0'. The
storage elevation is maintained by a pond outlet structure with the rim of the riser set at elevation
20.0'. The riser will only discharge in response to storm events greater than the 25 year storm.
The normal water surface elevation of 19.0' shall be maintained by a series of seven irrigation
and recirculation pumps that move water as needed through the interconnected lake system. The
main goal of the system is to charge the irrigation lines and to withdraw water from Pond #8 (the
lowest elevation) and discharge to Pond #10 (the highest elevation), The location of all
irrigation and recirculation pumps is shown on sheet `A' of the attached plans. These pumps are
set to run automatically on a timed system, and the system must be monitored and adjusted
seasonally by staff to maintain the desired water levels in all ponds. At some times of the year,
evaporation and irrigation demands will outpace precipitation, creating more storage than
required. In the event of multiple, high return period storms in a short span (typically in
hurricane season), the maintenance valves may be opened between storms to regulate water level
and ensure flood protection from forecasted events.
In this manner the storage in Pond #8 is maintained such that there is storage available for the
runoff from a 25 year storm event. The excess volume in the remaining ponds, created by the
recirculation system, will be used to charge an irrigation system for landscaping in the right of

ways and common areas of the project. The water demand for irrigation, combined with normal
evaporation (generally accepted to be about 0.25 inches per day in this area), will restore the
normal water surface elevations in all the ponds.
Flood control for storm event greater than the 25 year storm has also been incorporated into this
design. All of the ponds require a storm event greater than the 25 year to discharge through the
riser, otherwise only orifice discharge occurs. The riser structures also have gate valves in their
bottoms to lower the pond levels for maintenance and in the event of a forecasted extreme storm
event, the lakes may be lowered in advance to create additional storage.
The proposed non -discharge lakes not only provide stormwater treatment and flood control, but
will provide a tremendous recreational amenity to the residents of Waterford. The lakes have
been designed to promote active recreation for the residents, such as canoeing, kayaking, and
fishing. All the lakes will be stocked with game fish to create a healthy fish population. The
game fish population will be maintained not only to provide recreation to the residents of
Waterford, but also to control any nuisance insects.
4. PERMITTING STRATEGY:
The non -discharge lakes shall ultimately be expanded to serve the entire 568 acre development.
To facilitate the accounting of impervious areas and treatment areas over the life of the project,
we proposed to break the project up into multiple tracts with individual tract boundaries
following development phase lines. The Stormwater Management Plans are designed to be
flexible and stream line the review process for future modifications to this large permit. Each
tract has been dedicated a single sheet in the plan set, and the single sheet includes all necessary
details and impervious calculations. Upon approval, each of the individual tract plans sheets
shall bear an approval stamp from DWQ including the date approved. When the need to modify
the permit arises due to future development, copies of individual plans for all previously
approved tracts will be resubmitted with the revised plan set bearing the approval stamp from
DWQ. The tracts that bear approval stamps will indicate to the reviewer that nothing has
changed within that particular tract and the reviewer can then limit analysis of proposed
modifications to only those tracts that have changed. For example, the approved submittal
included tracts A, B, C, D, E, F, G, H, I, J and . This submittal modifies tracts "A" and `K' and
adds Tract L, M, N. Therefore, Tracts B, C, D, E, F, G, H,1, and J are unchanged and are being
resubmitted with the DWQ approval stamp. To simplify the accounting of impervious areas, a
tracking chart has been devised and is shown on the cover of the plan set. This tracking chart
includes all impervious areas, by tract, and includes the total impervious area for the project to
date. The total of impervious coverages will correspond to the application and, ultimately, the
permit. The goal of this permitting strategy is to avoid the pitfalls in the permitting and tracking
of stormwater management plans for larges developments that we have experienced in the past.
This strategy accomplishes that goal by ensuring that the treatment device and the development
share a common permit and by eliminating the need for multiple permits (sometimes as many as
three) to develop a single tract.

5. TRACT SUMMARY:
Tract A includes the collector roads and all undeveloped areas of the project. Over time, the area
of Tract A has decreased as phases were developed and accounted for separately. Currently,
Tract A encompasses 25.96 acres. The balance of the project area is found in tracts B, C, D, E,
F, G, H, I, J, K, L, M, and N.
Tract B is the first phase of single family development. This tract was originally approved on
November 25, 2002 and was assigned the permit number SW8 020510. This project includes the
first phase of the non -discharge lake system, and is the basis for creating the overall stormwater
management plan to include all of the expanded non -discharge lake and all of the property.
Tract C is a phase of single family development and includes 96 lots on 24.70 acres. Stormwater
runoff collected in Tract C drains to the non -discharge lake system for treatment.
Tract D is the amenity center for the development and includes a clubhouse, sales center,
swimming pool and cabana, tennis courts, and associated parking areas and sidewalks. Tract D
covers 6.49 acres and is 51.93% impervious. Stormwater runoff collected in Tract D drains to
the non -discharge lake system for treatment.
Tract E is to be sold and developed by others. The developer of Tract E will have to obtain an
individual state stormwater permit for any work done within that tract. Tract E is being allocated
15.00 acres of impervious draining to the non -discharge lake system for treatment.
Tract F is also being sold and developed by others. The developer of Tract F will have to obtain
an individual state stormwater permit for any work done within that tract. Tract F is being
allocated 2.77 acres of impervious draining to the non -discharge lake system for treatment.
Tract G is a phase of single family development and includes 138 lots on 50.65 acres.
Stormwater runoff collected in Tract G drains to the non -discharge lake system.
Tract H is a phase of single family development and includes 52 lots on 25.92 acres. Stormwater
runoff collected in Tract H drains to the non -discharge lake system.
Tract I is a phase of single family development and includes 41 lots on 33.53 acres. Stormwater
runoff collected in Tract I drains to the non -discharge lake system.
Tract J is a phase of single family development and includes 177 lots on 97.97 acres.
Stormwater runoff collected in Tract J drains to the non -discharge lake system.
Tract K is to be sold and developed by others. The developer of Tract K will have to obtain an
individual state stormwater permit for any work done within that tract. Tract K is being
allocated 29.14 acres of impervious draining to the non -discharge lake system for treatment.
Tract L is the next phase of single family and multi -family development and includes 177 lots

and 43 town homes on 113.71 acres. Stormwater runoff collected in Tract L drains to the non -
discharge lake system for treatment.
Tract M is to be sold and developed by others. The developer of Tract M will have to obtain an
individual state stormwater permit for any work done within that tract. Tract M is being
allocated 24.36 acres of impervious draining to the non -discharge lake system for treatment.
Tract N is to be sold and developed by others. The developer of Tract N will have to obtain an
individual state stormwater permit for any work done within that tract. Tract N is being
allocated 8.99 acres of impervious draining to the non -discharge lake system for treatment
DESIGN CALCULATIONS
- Hydraflow Model with Hydrographs
- Reservoir Report
- Volume Calculations

DAB
pct4D4t
(Pool
N
,k a
4&�Ot4-,D J& 8
Project: kdf6sept06.GPW I OF: BrunCo_hydrograph_vero.Myd's 1 09-10-2006

Hydtograph Summary Report
Page 1
Hyd.
No.
Hydrograph
type
(origin)
Peak
flow
(cfs)
Time
interval
(min)
Time to
peak
(min)
Volume
(cult)
Return
period
(yrs)
Inflow
hyd(s)
Maximum
elevation
(ft)
Maximum
storage
(cuft)
Hydrograph
description
1
Rational
95.02
1
7
39,907
25
----
--
---
Ent. draining to P
2
Reservoir
0.28
1
14
19,889
25
1
22.55
39,776
DA thru Pond#1
4
Rational
109.82
1
10
65,892
25
---
--
--
Area draining to P
5
Reservoir
0.12
1
20
9,383
25
4
21.95
65,824
DA thru Pond#3
7
Rational
2.79
1
5
837
25
---
----
-----
Area draining to P
8
Reservoir
0.02
1
10
720
25
7
23.03
831
DA thru Pond#4
10
Rational
126.05
1
20
151,263
25
---
---
Area drain to Pond
11
Combine
126.33
1
20
171,152
25
10 + 2
DA#2,5 + Pond#1
12
Combine
126.45
1
20
180,535
25
11 +5
---
-
DA#2+Pd#1+Pd#3
13
Combine
126.47
1
20
181,255
25
12 + 8
--
DA#2+Pd#1+Pd#3+Pd#
14
Reservoir
0.31
1
1212
25,983
25
13
21.79
155,418
Pd's#1,2,3,4 th Pd
16
Rational
162.50
1
20
194,997
25
--
-----
---
Area draining to P
17
Reservoir
4.75
1
39
149,002
25
16
21.82
190,015
DA thru Pond#14
18
Combine
5.05
1
39
174,985
25
14 + 17
---
Pond#14+Pond#2-5
20
Rational
516.76
1
10
310,054
25
--
---
Area draining to P
21
Reservoir
0.08
1
20
6,343
25
20
22.33
310,007
Pond #10
23
Rational
58.66
1
20
70,394
25
--
Area draining to P
24
Combine
58.74
1
20
76,737
25
21 + 23
DA#9 + Pond #10
25
Reservoir
0.17
1
40
13,843
25
24
21.64
70,329
Pond #9
27
Rational
962.71
1
25
1,444,063
25
--
---
---
Area drain Pond #8
28
Combine
5.22
1
39
188,829
25
18 + 25
POND#14 + Pnd#9
29
Combine
966.23
1
25
1,632,890
25
27 + 28
--
Pnds7,9 + DA#8
30
Reservoir
0.00
1
0
0
25
29
19.91
1,632,890
Pond #8+14+15
Proj. file: kdf6sept06.GPW
OF file: BrunCo_hydrograph
erRdBfdate: 09-10-2006

Reservoir Report Page 1
Reservoir No. 1 - Pond #1 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage Elevation
ft ft
0.00
21.00
1.00
22.00
2.00
23.00
3.00
24.00
4.00
25.00
5.00
26.00
Contour area Incr. Storage Total storage
sgft cult cuft
22,283E--
0
0
26,171
24,227
24,227
30,115
28,143
52,370a--
34,116
32,116
84,486
38,173
36,145
120,630
42,287
40,230
160,860
Culvert / Orifice Structures
Weir Structures
[A]
[B]
[C]
[D]
[A]
[B]
[C]
[D]
Rise in
= 24.0
3.0
0.0
0.0
Crest Len ft = 12.0
0.0
0.0
0.0
Span in
= 24.0
3.0
0.0
0.0
Crest El. ft = 23.00
0.00
0.00
0.00
No. Barrels
= 1
1
0
0
Weir Coeff. = 3.00
0.00
0.00
0.00
Invert El. ft
= 15.00
21.00
0.00
0.00
Eqn. Exp. = 1.50
0.00
0.00
0.00
Length ft
= 75.0
10.0
0.0
0.0
Multi -Stage = Yes
No
No
No
Slope %
= 0.00
0.00
0.00
0.00
N-Value
= .010
.010
.000
.000
Orif. Coeff.
= 0.60
0.60
0.00
0.00
Multi -Stage
= -----
Yes
No
No
Tailwater Elevation = 21.00 ft
Stage / Storage / Discharge
Table
Note: All outflows have been analyzed under inlet and outlet control.
Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs
0.00
0
21.00
0.00
0.00 ---
--- 0.00 ---
--- --- 0.00
0.10
2,423
21.10
4.78
0.02 ---
-- 0.00 ---
-- --- 0.02
0.20
4,845
21.20
6.76
0.06 ---
--- 0.00 ---
--- -- 0.06
0.30
7,268
21.30
8.28
0.05 ---
--- 0.00 ---
--- -- 0.05
0.40
9,691
21.40
9.57
0.09 ---
--- 0.00 --
--- -- 0.09
0.50
12,114
21.50
10.69
0.12 ---
--- 0.00 --
-- --- 0.12
0.60
14,536
21.60
11.72
0.14 ---
--- 0.00 -
--- --- 0.14
0.70
16,959
21.70
12.65
0.16 ---
--- 0.00 ---
-- --- 0.16
0.80
19,382
21.80
13.53
0.18 ---
-- 0.00 ---
-- --- 0.18
0.90
21,804
21.90
14.35
0.19 ---
--- 0.00 ---
-- --- 0.19
1.00
24,227
22.00
15.12
0.21 ---
--- 0.00 ---
--- --- 0.21
Continues on next page...

Reservoir Report Page
Reservoir No. 2 - Pond #2 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage Elevation
Contour area
Incr. Storage Total storage
ft ft
sgft
cult cult
0.00 20.00
75,9834
0 0
1.00 21.00
87,294
81,639 81,639
2.00 22.00
98,718
93,006 174,645 dr-
3.00 23.00
110,256
104,487 279,132
4.00 24.00
121,907
116,082 395,213
5.00 25.00
133,671
127,789 523,002
Culvert / Orifice Structures
Weir Structures
[A]
[B] [C]
[D]
[A]
[B] [C]
[D]
Rise in = 24.0
3.0 0.0
0.0
Crest Len ft = 12.0
0.0 0.0
0.0
Span in = 24.0
3.0 0.0
0.0
Crest El. ft = 22.00
0.00 0.00
0.00
No. Barrels = 1
1 0
0
Weir Coeff. = 3.00
0.00 0.00
0.00
Invert El. ft = 19.00
20.00 0.00
0.00
Eqn. Exp. = 1.50
0.00 0.00
0.00
Length ft = 216.0
5.0 0.0
0.0
Multi -Stage = Yes
No No
No
Slope % = 0.20
0.00 0.00
0.00
N-Value = .010
.010 .000
.000
Orif. Coeff. = 0.60
0.60 0.00
0.00
Multi -Stage = ----
Yes No
No
Tailwater Elevation = 20.00
ft
Stage / Storage / Discharge Table
Note: All outflows have been analyzed under inlet and outlet control.
Stage Storage Elevation
Clv A
Clv B
Clv C Clv D Wr A Wr B
Wr C Wr D
Discharge
ft cuft ft
cfs
cfs
cfs cfs cfs cfs
cfs cfs
cfs
0.00 0 20.00
0.00
0.00
--- --- 0.00 ---
--- ---
0.00
0.10 8,164 20.10
2.67
0.02
--- --- 0.00 ---
--- ---
0.02
0.20 16,328 20.20
4.33
0.06
--- --- 0.00 ---
--- --
0.06
0.30 24,492 20.30
5.72
0.06
--- --- 0.00 ---
--- --
0.06
0.40 32,655 20.40
7.26
0.11
--- --- 0.00 -
--- --
0.11
0.50 40,819 20.50
8.20
0.14
--- --- 0.00 --
-- --
0.14
0.60 48,983 20.60
8.73
0.16
--- --- 0.00 ---
--- --
0.16
0.70 57,147 20.70
9.14
0.18
--- --- 0.00 --
-- ---
0.18
0.80 65,311 20.80
9.51
0.19
--- -- 0.00 --
--- ---
0.19
0.90 73,475 20.90
9.70
0.21
-- -- 0.00 ---
--- ---
0.21
1.00 81,639 21.00
9.45
0.22
-- -- 0.00 ---
-- ---
0.22
Continues on next page...

Reservoir Report
Reservoir No. 3 - Pond #3
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage Elevation
ft ft
0.00
21.50
1.00
22.50
2.00
23.50
3.00
24.50
4.00
25.50
5.00
26.50
Contour area Incr. Storage Total storage
sqft cuft cult
140,573d
0
0
155,199
147,886
147,886
169,880
162,540
310,426 4--
184,617
177,249
487,674
199,386
192,002
679,676
214,194
206,790
886,466
Page 1
English
Culvert / Orifice Structures
Weir Structures
[A]
[B]
[C]
[D]
[A]
[B]
[C]
[D]
Rise in
= 24.0
3.0
0.0
0.0
Crest Len ft = 12.0
0.0
0.0
0.0
Span in
= 24.0
3.0
0.0
0.0
Crest El. ft = 23.50
0.00
0.00
0.00
No. Barrels
= 1
1
0
0
Weir Coeff. = 3.00
0.00
0.00
0.00
Invert El. ft
= 21.50
21.50
0.00
0.00
Eqn. Exp. = 1.50
0.00
0.00
0.00
Length ft
= 240.0
5.0
0.0
0.0
Multi -Stage = Yes
No
No
No
Slope %
= 0.00
0.00
0.00
0.00
N-Value
= .010
.010
.000
.000
Orif. Coeff.
= 0.60
0.60
0.00
0.00
Multi -Stage
= ----
Yes
No
No
Tailwater Elevation =
21.50 ft
Note: All outflows have been analyzed under inlet and outlet control.
Stage / Storage / Discharge
Table
Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs
0.00
0
21.50
0.00
0.00 ---
--- 0.00 --- --- ---
0.00
0.10
14,789
21.60
0.07
0.02 --
-- 0.00 --- --- ---
0.02
0.20
29,577
21.70
0.28
0.06 --
-- 0.00 -- --- ---
0.06
0.30
44,366
21.80
0.61
0.06 --
--- 0.00 --- --- ---
0.06
0.40
59,154
21.90
1.01
0.11 ---
--- 0.00 -- -- ---
0.11
0.50
73,943
22.00
1.53
0.14 ---
-- 0.00 --- -- ---
0.14
0.60
88,732
22.10
2.17
0.16 -
-- 0.00 --- --- --
0.16
0.70
103,520
22.20
2.95
0.18 --
--- 0.00 --- --- --
0.18
0.80
118,309
22.30
3.60
0.19 ---
--- 0.00 --- - --
0.19
0.90
133,097
22.40
4.57
0.20 ---
--- 0.00 --- --- --
0.20
1.00
147,886
22.50
5.62
0.22 ---
--- 0.00 --- --- --
0.22
Continues on next page...

Reservoir Report
Reservoir No. 4 - Pond #4
Pond Data
Pond storage is based an known contour areas
Stage / Storage Table
Stage
Elevation
ft
ft
0.00
23.00
1.00
24.00
2.00
25.00
3.00
26.00
Contour area Incr. Storage Total storage
sqft tuft cult
26,514�-- 0 0
28,877 27,696 27,696
31,295 30,086 57,782
33,770 32,533 90,314
Culvert / Orifice Structures
[A] LBl [C] [D]
Rise in
= 18.0
0.0
0.0
0.0
Span in
= 18.0
0.0
0.0
0.0
No. Barrels
= 1
0
0
0
Invert El. ft
= 23.00
0.00
0.00
0.00
Length ft
= 120.0
0.0
0.0
0.0
Slope %
= 0.42
0.00
0.00
0.00
N-Value
= .010
.000
.000
.000
Orif. Coeff.
= 0.60
0.00
0.00
0.00
Multi -Stage
= ----
No
No
No
Weir Structures
[A]
Crest Len ft
= 0.0
Crest El. ft
= 0.00
Weir Coeff.
= 0.00
Eqn. Exp.
= 0.00
Multi -Stage
= No
Page 1
English
[Bl [C] [D]
0.0
0.0
0.0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
No
No
No
Tailwater Elevation = 21.50 ft
Note: All outflows have been analyzed under inlet and outlet control.
Stage / Storage / Discharge
Table
Stage
Storage
Elevation
Clv A Clv B
Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft
tuft
ft
cfs cfs
cfs cfs cfs cfs cfs cfs cfs
0.00
0
23.00
0.00 ---
--- --- --- -- --- --- 0.00
0.10
2,770
23.10
0.06 ---
--- --- --- -- --- --- 0.06
0.20
5,539
23.20
0.24 ---
--- --- -- -- --- --- 0.24
0.30
8,309
23.30
0.49 --
--- --- --- --- -- --- 0.49
0.40
11,078
23.40
0.84 ---
-- --- --- --- --- --- 0.84
0.50
13,848
23.50
1.30 ---
-- --- --- --- -- -- 1.30
0.60
16,617
23.60
1.76 ---
-- -- --- --- - --- 1.76
0.70
19,387
23.70
2.39 ---
--- --- --- --- --- --- 2.39
0.80
22,156
23.80
2.96 ---
--- --- -- --- -- --- 2.96
0.90
24,926
23.90
3.69 ---
--- --- -- -- --- --- 3.69
1.00
27,696
24.00
4.31 ---
--- --- --- --- -- --- 4.31
Continues on next page...

Reservoir Report Page 1
Reservoir No. 5 - Pond #5 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage
ft
0.00
1.00
2.00
3.00
4.00
5.00
Elevation
ft
20.00
21.00
22.00
23.00
24.00
25.00
Contour area
sgft
22,301 F--
25,272
28,299
31,383
34,524
37,721
Incr. Storage Total storage
cuft cult
0 0
23,787 23,787*_ 2t -q3 ,ait�
26,786 50,572
29,841 80,413
32,954 113,367
36,123 149,489
Culvert / Orifice Structures
Weir Structures
[A]
IB]
[C]
[D]
[A] IB]
[C]
[D]
Rise in
= 24.0
3.0
0.0
0.0
Crest Len ft = 12.0 0.0
0.0
0.0
Span in
= 24.0
3.0
0.0
0.0
Crest El. ft = 21.75 0.00
0.00
0.00
No. Barrels
= 1
1
0
0
Weir Coeff. = 3.00 0.00
0.00
0.00
Invert El. ft
= 19.00
20.00 0.00
0.00
Eqn. Exp. = 1.50 0.00
0.00
0.00
Length ft
= 216.0
5.0'
0.0
0.0
Multi -Stage = Yes No
No
No
Slope %
= 0.20
0.00
0.00
0.00
N-Value
= .010
.010
.000
.000
Orif. Coeff.
= 0.60
0.60
0.00
0.00
Multi -Stage
= ----
Yes
No
No
Tailwater Elevation = 20.00 ft
Stage / Storage / Discharge Table
Note: All outflows have been analyzed under inlet and outlet control.
Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs
0.00
0
20.00
0.00
0.00 --
--- 0.00 --- --- --
0.00
0.10
2,379
20.10
2.67
0.02 --
--- 0.00 -- --- --
0.02
0.20
4,757
20.20
4.33
0.06 ---
--- 0.00 -- --- ---
0.06
0.30
7,136
20.30
5.72
0.06 ---
--- 0.00 -- --- ---
0.06
0.40
9,515
20.40
7.26
0.11 ---
--- 0.00 --- --- ---
0.11
0.50
11,893
20.50
8.20
0.14 ---
-- 0.00 --- -- ---
0.14
0.60
14,272
20.60
8.73
0.16 ---
--- 0.00 -- -- --
0.16
0.70
16,651
20.70
9.14
0.18 --
-- 0.00 --- -- ---
0.18
0.80
19,029
20.80
9.51
0.19 ---
-- 0.00 --- --- --
0.19
0.90
21,408
20.90
9.70
0.21 ---
--- 0.00 --- --- ---
0.21
1.00
23,787
21.00
9.45
0.22 ---
--- 0.00 --- -- ---
0.22
Continues on next page...

Reservoir Report
Reservoir No. 8 - Pond #8
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage
Elevation
ft
ft
0.00
19.00
1.00
20.00
2.00
21.00
3.00
22.00
Contour area Incr. Storage Total storage
sqft cult tuft
1,745,187f--
0
0
1,859,622
1,802,405
1,802,405 E--
2,152,029
2,005,826
3,808,230
2,248,776
2,200,403
6,008,633
Culvert / Orifice Structures
[A] [B] [C] [D]
Rise in
= 24.0
0.0
0.0
0.0
Span in
= 24.0
0.0
0.0
0.0
No. Barrels
= 1
0
0
0
Invert El. ft
= 20.00
0.00
0.00
0.00
Length ft
= 20.0
0.0
0.0
0.0
Slope %
= 0.00
0.00
0.00
0.00
N-Value
= .010
.000
.000
.000
Orif. Coeff.
= 0.60
0.00
0.00
0.00
Multi -Stage
= ----
No
No
No
Weir Structures
[A]
Crest Len ft
= 0.0
Crest El. ft
= 0.00
Weir Coeff.
= 0.00
Eqn. Exp.
= 0.00
Multi -Stage
= No
Page 1
English
[B] [C] [D]
0.0
0.0
0.0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
No
No
No
`iailwater Elevation = 0.00 ft
Note: All outFlows have been analyzed under inlet and outlet control.
Stage / Storage / Discharge Table
Stage Storage Elevation Civ A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft
tuft
ft
cfs cfs cfs cfs cfs cfs cfs cfs
cfs
0.00
0
19.00
0.00 -- --- --- --- --- --- --
0.00
0.10
180,241
19.10
0.00 --- -- --- --- --- --- --
0.00
0.20
360,481
19.20
0.00 --- -- -- --- --- --- --
0.00
0.30
540,721
19.30
0.00 --- -- --- --- --- --- --
0.00
0.40
720,962
19.40
0.00 --- --- --- --- --- --- ---
0.00
0.50
901,202
19.50
0.00 --- --- --- -- --- --- ---
0.00
0.60
1,081,443
19.60
0.00 --- --- --- -- --- --- --
0.00
0.70
1,261,683
19.70
0.00 --- --- --- --- --- -- --
0.00
0.80
1,441, 924
19.80
0.00 --- --- --- _-_ --- -_ ___
0.00
0.90
1,622,164
19.90
0.00 --- --- -- --- --- --- ---
0.00
1.00
1,802,405
20.00
0.00 -- --- -- --- --- ---
0.00
Continues on next page...

Reservoir Report Page 1
Reservoir No. 9 - Pond #9 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage
ft
0.00
1.00
2.00
3.00
4.00
Elevation
ft
21.00
22.00
23.00
24.00
25.00
Contour area
sqft
102,3154--
117,114
132,214
147,615
163,319
Incr. Storage Total storage
cult cuft
0 0
109,715 109,715
124,664 234,379
139,915 374,293
155,467 529,760
Culvert / Orifice Structures
Weir Structures
[A]
IB]
[C]
[D]
[A]
IB]
[C]
[D]
Rise in
= 24.0
3.0
0.0
0.0
Crest Len ft = 24.0
0.0
0.0
0.0
Span in
= 24.0
3.0
0.0
0.0
Crest El. ft = 22.00
0.00
0.00
0.00
No. Barrels
= 1
1
0
0
Weir Coeff. = 3.00
0.00
0.00
0.00
Invert El. ft
= 16.70
21.00 0.00
0.00
Eqn. Exp. = 1.50
0.00
0.00
0.00
Length ft
= 130.0
5.0
0.0
0.0
Multi -Stage = Yes
No
No
No
Slope %
= 0.50
0.00
0.00
0.00
N-Value
= .010
.010
.000
.000
Orif. Coeff.
= 0.60
0.60
0.00
0.00
Multi -Stage
= -----
Yes
No
No
Tailwater Elevation =
19.00 ft
Note: All outflows have been analyzed under inlet and outlet control.
Stage / Storage / Discharge Table
Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge
ft cuft ft cfs cfs cfs cfs cfs afs cfs cfs cfs
0.00
0
21.00
21.39
0.00 ---
-- 0.00 --- ---
-- 0.00
0.10
10,971
21.10
21.92
0.02 ---
--- 0.00 -- ---
-- 0.02
0.20
21,943
21.20
22.43
0.06 ---
--- 0.00 -- ---
--- 0.06
0.30
32,914
21.30
22.94
0.06 --
--- 0.00 --- -
--- 0.06
0.40
43,886
21.40
23.43
0.11 ---
-- 0.00 --- --
--- 0.11
0.50
54,857
21.50
23.91
0.14 ---
--- 0.00 --- -
-- 0.14
0.60
65,829
21.60
24.39
0.16 ---
--- 0.00 --- ---
--- 0.16
0.70
76,800
21.70
24.85
0.18 --
-- 0.00 --- --
--- 0.18
0.80
87,772
21.80
25.31
0.19 --
--- 0.00 --- --
--- 0.19
0.90
98,743
21.90
25.76
0.21 -
--- 0.00 --- --
--- 0.21
1.00
109,715
22.00
26.20
0.22 ---
-- 0.00 --- --
--- 0.22
Continues on next page...

Reservoir Report Page 1
Reservoir No. 10 - Pond #10 , It ( 12 f (3 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage Elevation
ft ft
0.00 22.00
1.00 23.00
2.00 24.00
3.00 25.00
4.00 26.00
Contour area
sqft
896,825*
970,731
1,045,195
1,120,229
1,195,816
Incr. Storage Total storage
cult cult
0 0
933,778 933,778---
1,007,963 1,941,741
1,082,712 3,024,453
1,158,023 4,182,476
Culvert / Orifice Structures
Weir Structures
[A] [B]
[C]
[D]
[A]
[B]
[C] [D]
Rise in
= 24.0 3.0
0.0
0.0
Crest Len ft = 12.0
0.0
0.0 0.0
Span in
= 24.0 3.0
0.0
0.0
Crest El. ft = 23.00
0.00
0.00 0.00
No. Barrels
= 1 1
0
0
Weir Coeff. = 3.00
0.00
0.00 0.00
Invert El. ft
= 18.00 22.00 0.00
0.00
Eqn. Exp. = 1.50
0.00
0.00 0.00
Length ft
= 400.0 5.0
0.0
0.0
Multi -Stage = Yes
No
No No
Slope %
= 0.00 0.00
0.00
0.00
N-Value
= .010 .010
.000
.000
OHL Coeff.
= 0.60 0.60
0.00
0.00
Multi -Stage
= ---- Yes
No
No
Tailwater Elevation = 21.00 ft
Stage 1 Storage /Discharge Table
Note: All outflows have been analyzed under inlet and outlet control.
Stage Storage Elevation Clv A Clv B Civ C Clv D Wr A Wr B Wr C Wr D Discharge
ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs
0.00
0
22.00
12.00
0.00 ---
--- 0.00 --- --- --
0.00
0.10
93,378
22.10
12.58
0.02 ---
-- 0.00 --- --- --
0.02
0.20
186,756
22.20
13.14
0.06 ---
-- 0.00 -- --- ---
0.06
0.30
280,133
22.30
13.68
0.06 ---
-- 0.00 -- --- ---
0.06
0.40
373,511
22.40
14.20
0.11 ---
--- 0.00 -- -- --
0.11
0.50
466,889
22.50
14.69
0.14 --
--- 0.00 --- --- --
0.14
0.60
560,267
22.60
15.18
0.16 ---
--- 0.00 --- -- ---
0.16
0.70
653,645
22.70
15.64
0.18 ---
--- 0.00 --- --- ---
0.18
0.80
747,022
22.80
16.10
0.19 ---
--- 0.00 --- --- --
0.19
0.90
840,400
22.90
16.54
0.21 ---
-- 0.00 --- -- --
0.21
1.00
933,778
23.00
16.97
0.22 --
--- 0.00 --- --- ---
0.22
Continues on next page...

Reservoir Report
Page 1
Reservoir No. 11 - Pond#14 English
Pond Data
Pond storage is based on known contour areas
Stage / Storage Table
Stage
ft
0.00
1.00
2.00
3.00
Elevation
ft
20.00
21.00
22.00
23.00
Contour area
sgft
91,279 <-
104,761
118,305
131,912
Incr. Storage Total storage
cult cuft
0 0
98,020 98,020
111,533 209,553
125,109 334,662
Culvert / Orifice Structures
Weir Structures
[A]
[B]
[C]
[D]
[A]
IB]
[C]
[D]
Rise in
= 60.0
0.0
0.0
0.0
Crest Len ft = 18.0
0.0
0.0
0.0
Span in
= 60.0
0.0
0.0
0.0
Crest El. ft = 22.00
0.00
0.00
0.00
No. Barrels
= 1
0
0
0
Weir Coeff. = 3.00
0.00
0.00
0.00
Invert El. ft
= 20.00
0.00
0.00
0.00
Eqn. Exp. = 1.50
0.00
0.00
0.00
Length ft
= 200.0
0.0
0.0
0.0
Multi -Stage = Yes
No
No
No
Slope %
= 0.01
0.00
0.00
0.00
N-Value
= .013
.000
.000
.000
Orif. Coeff.
= 0.60
0.00
0.00
0.00
Multi -Stage
= ---
No
No
No
Tailwater Elevation = 0.00 ft
Note: All outflows have been analyzed under inlet and outlet control.
Stage / Storage / Discharge
Table
Stage
Storage
Elevation
Clv A Clv B
Clv C Clv D Wr A
Wr B Wr C Wr D Discharge
ft
cuft
ft
cfs cfs
cfs cfs cfs
cfs cfs cfs cfs
0.00
0
20.00
0.00 -
-- --- 0.00
--- -- -- 0.00
0.10
9,802
20.10
0.03 ---
-- -- 0.00
--- --- -- 0.00
0.20
19,604
20.20
0.10 ---
--- -- 0.00
--- --- 0.00
0.30
29,406
20.30
0.19 ---
--- --- 0.00
--- --- --- 0.00
0.40
39,208
20.40
0.34 ---
--- --- 0.00
--- --- --- 0.00
0.50
49,010
20.50
0.54 --
--- --- 0.00
-- -- -- 0.00
0.60
58,812
20.60
0.81 ---
--- --- 0.00
-- - -- 0.00
0.70
68,614
20.70
0.98 ---
-- -- 0.00
-- - --- 0.00
0.80
78,416
20.80
1.16 ---
--- - 0.00
-- --- --- 0.00
0.90
88,218
20.90
1.57 ---
-- -- 0.00
--- --- --- 0.00
1.00
98,020
21.00
1.81 ---
--- -- 0.00
--- --- --- 0.00
Continues on next page...

Pond Volume and Stage Information
Pond
Pond Info.
Normal Water
Surface Elev. (sf)
25-vr Storm Info.
25 year Storm
Elev. Vol. Required (cf)
Maximum Info,
Maximum
Storage Elev. Vol. Provided (cf)
1
21.00
22.55
39,776
23.00 !
52,370
2,5
20.00
21.79
155,418
! 22.00
218,521
3
21.50
21.95
65,824
23.50
310,426
4
23.00
23.01
188
23.00 i
---
8
19.00
19.91
1,632,890
20.00 '
1,802,405
9
21.00
21.64
70,329
22.00
109,715
10,11,12,13 ; 22.00
22.33
310,007
23.00
933,778
14
20.00
21.87
194,997
i 22.00
209,553
Total
--- !
---
2,469,429
---
3,636,768
Volume for the 1 "event
Total Area = 578.89 acres
Total Imp. Area = 235.72 acres
Percent Impervious (I) = 39.21 %
- Runoff Volume Per Simple Method
Rv = 0.05 + 0.009 (I)
Rv = 0.05 + 0.009 (39.17)
Rv = 0.4029
k CA
-- SEAL r
dr ,` � fed'✓ �1�
iinaeee�
Volume Required = (Rainfall) x (Rv) x (Drainage Area)
V = (1 in) x (0.4029 in/in) x (578.89 acres) x (1/12 ft/in) x (43560 sf/ac)
V = 846,657 cubic feet
Volume for the 25-year event
Total Volume = Storage of pond system in the 25-year event as shown
on attached Hydrograph Summary Report
Total Volume = 39,776cf + 65,824cf + 831 cf +155,418cf +
1,632,890cf + 70,329cf + 310,007cf+194,997
Total Volume = 2,465,090 cubic feet