SW8060404_HISTORICAL FILE_20070301

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

I
February 27, 2007
To: Mary Jean Naugle
NCDENR-DWQ
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Request for Additional Information
Stormwater Project No. SW8 060404
The Cottages at Brick Landing Plantation
After our phone conversation this afternoon I checked on the number of lots and the
impervious area being allocated for the lots. We had left 3 lots out of the calculations.
We have corrected the calculations to allocate 4,000 s.f. for each lot and 66 lots are
proposed on the plan. Page 2 of 4 of the stormwater application and page 1 of 3 of the
basin supplement have been adjusted. The only revision to the plan is the lot numbers
were adjusted.
2 sets of the revised plan, 2 sets of the revised calculations, the original & a copy of the
stormwater application, and the original of the basin supplement are provided.
Thanks.
FES
BY• 2 9 ?007

STORMWATER CALCS. & SPECS.
THE COTTAGES AT BRICK LANDING PLANTATION
FOR:.
DAVY GROUP CONSTRUCTION INC.
P.O. BOX 1571
WRIGHTSVILLE BEACH, N.C. 28480
PH 910-452-1919
FAX [phone]
RECEIVED
FEB 2 7 2007
y„e
FEBRUARY 27, 2007
PREPARED BY:
MALPASS ENGINEERING, P.C.
1134 SHIPYARD BLVD.
WILMINGTON, N.C. 28412
[phone] PHONE
[phone] FAX

Narrative
Description:
The site is located on the corner of NC 179 and SR 1143. The entrance to the site will be
of off Landing Blvd. which is approx. 240 ft to the west of and parallels SR 1143.
Total project acreage is approx. 20.74 acres.
Total disturbed acreage is approx. 22.58 acres.
Soils to be disturbed are mainly PaA, Mu, Lo, & Fo.
r tie .;;n ±f frnm the site was estimated usine the rational Method, 10 year design storm
and rainfall data for the area. '
The purpose of this project is to create a residential subdivision.
The Cottages at Brick Landing Plantation is a high-density project. Stormwater from the
site will be captured in a retention pond and pumped into an infiltration basin. Only the
first 1.5" will be captured and pumped into the infiltration basin. The remaining runoff
will be bypassed.
Construction Sequence:
The gravel construction entrance and silt fence will be installed immediately. The
pond, which will serve as a large sediment basin, will be installed. The site to the east of
Landing Blvd. will be graded so as to drain to the pond. The site to the west of Landing
Blvd. will sheet flow to the silt fence. Storm drain and utilities will be installed. Outlet
and inlet protection will be installed as shown on plan. Upon completion of any phase of
activity disturbed areas will be seeded within 21 days of no construction.
1 V
FES 21 Z007

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RECEIVED
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Practice Standards and Specifications
6.10 KULN&M
r s Definition Planting rapid-growing annual grasses,small grains,or legumes to provide in-
itial,temporary cover for erosion control on disturbed areas.
Purpose To temporarily stabilize denuded areas that will not be brought to final grade
for a period of more than 30 working days.
Temporary seeding controls runoff and erosion until permanent vegetation or
other erosion control measures can be established. In addition, it provides
residue for soil protection and seedbed preparation and reduces problems of mud
and dust production from bare soil surfaces during construction.
Conditions Where On any cleared, unvegetated,or sparsely vegetated soil surface where vegeta-
Practiee Applies live cover is needed for less than I year. Applications of this practice include
diversions,dams, temporary sediment basins, temporary road banks,and top-
soil stockpiles.
Planning_ Annual nlants.which snout and emw ranidly and survive fur nnly one.geasnn
Considerations are suitable for establishing initial or temporary vegetative cover. Temporary
seeding preserves the integrity of earthen sediment control structures such as
dikes,diversions,and the banks of dams and sediment basins.It can also reduce
the amount of maintenance associated with these devices.For example,the fre-
quency of sediment basin cleanouts will be reduced if watershed areas,outside
the active construction zone,are stabilized.
Proper seedbed preparation,selection of appropriate species,and use of quality
seed are as important in this practice as in Practice 6.11, Permanent Seeding.
Failure to follow established guidelines and recommendations carefully may
result in an inadequate or short-lived stand of vegetation that will not control
erosion.
Temporary seeding provides protection for no more than I year,during which
time permanent stabilization should be initiated.
Specifications Complete grading before preparing seedbeds and install all necessary erosion
control practices,such as dikes,waterways and basins. Minimize steep slopes
because they make seedbed preparation difficult and increase the erosion
hazard.If soils become compacted during grading,loosen them to a depth of 6-
8 inches using a ripper,harrow,or chisel plow.
SEEDBED PREPARATION
Good seedbed preparation is essential to successful plant establishment.A good
seedbed is well-pulverized, loose,and uniform.Where hydroseeding methods
are used,the surface may be left with a more irregular surface of large clods and
stones.
Liming—Apply lime according to soil test recommendations.If the pH(acidity)
of the soil is not known,an application of ground agricultural limestone at the
RECEIVED:N
FEB Z 7 0707 6.10.1
BY:

rate of 1 to 1 112 tons/acre on coarse-textured soils and 2-3 tons/acre on fine-
textured soils is usually sufficient.Apply limestone uniformly and incorporate
into the top 4-6 inches of soil.Soils with a pH of 6 or higher need not be limed.
Fertilizer—Base application rates on soil tests. When these are not possible,
apply a 10-10-10 grade fertilizer at 700-1,000 lb/acre. Both fertilizer and lime
should be incorporated into the top 4-6 inches of soil. If a hydraulic seeder is
used,do not mix seed and fertilizer more than 30 minutes before application.
Surface roughening—If recent tillage operations have resulted in a loose sur-
face,additional roughening may not be required except to break up large clods.
If rainfall causes the surface to become sealed or crusted,loosen it just prior to
seeding by disking,raking,harrowing,or other suitable methods.Groove or fur-
row slopes steeper than 3:1 on the contour before seeding(Practice 6.03,Sur-
face Roughening).
PLANT SELECTION
Select an appropriate species or species mixture from Table 6.10a,for seeding
in late winter and early spring,Table 6.10b for summer,and Table 6.10c for fall.
In the Mountains, December and January seedings have poor chances of suc-
cess.When it is necessary to plant at these times,use recommendations for fall
and a securely tacked mulch.
SEEDING
Evenly apply seed using a cyclone seeder(broadcast),drill,cultipacker seeder,
or .hydroseeder.Use seeding rates given in Tables 6.10a-6.10c.Broadcast seed-
ing and hydrosecding are appropriate for steep slopes where equipment cannot
be driven.Hand broadcasting is not recommended because of the difficulty in.
achieving a uniform distribution.
Small grains should be planted no more than 1 inch deep, and grasses and
legumes no more than 1/2 inch. Broadcast seed must be covered by raking or
chain dragging,and then lightly firmed with a roller or .cultipacker.Hydroseeded
mixtures should include a wood fiber(cellulose)mulch.
MULCHING
The use of an appropriate mulch will help ensure establishment under normal
conditions and is essential to seeding success under harsh site conditions(Prac-
tice 6.14, Mulching).Harsh site conditions include:
• seeding in fall for winter cover(wood fiber mulches are not considered
adequate for this use),
• slopes steeper than 3:1,
• excessively hot or dry weather,
• adverse soils(shallow,rocky,or high in clay or sand),and
• areas receiving concentrated flow.
If the area to be mulched is subject to concentrated waterflow,as in channels,
anchor mulch with.netting(Practice 6.14,Mulching).
RECEIVED
LJAN 3 0 2007
6.10.2

Practice Standards and Specifications
Maintenance Reseed and mulch areas where seedling emergence is poor,or where erosion
occurs,as soon as possible.Do not mow.Protect from traffic as much as pos-
sible.
References Site Preparation
6.03,Surface Roughening
6.04,Topsoiling
Surface Stabilization
6.11,permanent Seeding
6.14,Mulching
Appendix
8.02,Vegetation Tables
RECEIVED
BY:
JAN 10 2007
---._-
6.10.3

Table 6.10a
Temporary Seeding Seeding mixture
Recommendations for Late Species Rate(lb/acre)
Winter and Early Spring Rye(grain) 120
Annual lespedeza (Kobe in
Piedmont and Coastal Plain,
Korean in Mountains) 50
Omit annual lespedeza when duration of temporary cover is not to extend
beyond June.
Seeding dates
Mountains—Above 2500 ft: Feb. 15-May 15
Below 2500 ft:Feb. 1 -May 1
Piedmont—Jan. 1 -May 1
Coastal Plain—Dec. 1 -Apr. 15
Soil amendments
Follow recommendations of soil tests or apply 2,000 lb/acreground agricul-
tural limestone and 750 Ib/acre 10-10-10 fertilizer.
Mulch
Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting,
or a mulch anchoring tool. A disk with blades set nearly straight can be.
used as a mulch anchoring tool.
Maintenance
Refertilize if growth is not fully adequate.Reseed,refertilize and mulch im-
mediately following erosion or other damage.
RECEIVED
JAN 3 0 2007
6:10.4 BY.

Practice Standards and Specifications
Table 6.10b
Temporary Seeding Seeding mixture
Recommendations for Species Rate(lb/acre)
Summer German millet 40
In the Piedmont and Mountains, a small-stemmed Sudangrass may be
substituted at a rate of 50 lb/acre.
Seeding dates
Mountains—May 15-Aug. 15
Piedmont—May 1 -Aug. 15
Coastal Plain—Apr. 15-Aug. 15
Soil amendments
Follow recommendations of soil tests or apply 2,000lb/acre ground agricul-
tural limestone and 750lb/acre 10-10-10 fertilizer.
Mulch
Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting,
or a mulch anchoring tool. A disk with blades set nearly straight can be
used as a mulch anchoring tool.
Maintenance
Refertilize itgrowth is not fully adequate.Reseed,refertilize and mulch im-
mediately following erosion or other damage.
RECEIVED
JAN 3 0 2007
BY:____�_
6.10.5

Table 6.10c
Temporary Seeding Seeding mixture
Recommendations for Fall Species Rate(Ib/acre)
Rye(grain) 120
Seeding dates
Mountains—Aug. 15-Dec. 15
Coastal Plain and Piedmont—Aug. 15-Dec.30
Soil amendments
Follow soil tests or apply 2,000 lb/acre ground agricultural limestone and
1,000 lb/acre 10-10-10 fertilizer.
Mulch
Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting,
or a mulch anchoring tool. A disk with blades set nearly straight can be
used as a mulch anchoring tool.
Maintenance
Repair and refertilize damaged areas immediately. Topdress with 50
lb/acre of nitrogen in March. If it is necessary to extend temporary cover
beyond June 15, overseed with 50 lb/acre Kobe (Piedmont and Coastal
Plain)or Korean (Mountains) lespedeza in late February or early March.
RECEIVED
JAN 3 0 2007
BY-
G.10.G

Practice Standards and Specifications
6.11
PS Definition Controlling runoff and erosion on disturbed areas by establishing perennial
vegetative cover with seed.
Purpose To reduce erosion and decrease sediment yield from disturbed areas,and to per-
manently stabilize such areas in a manner that is economical,adapts to site con-
ditions,and allows selection of the most appropriate plant materials.
Conditions Where Fine-graded areas on which permanent,long-lived vegetative cover is the most
Practice Applies practical or most effective method of stabilizing the soil. Permanent seeding
may also be used on rough-graded areas that will not be brought to final grade
for a year or more.
Areas to be stabilized with permanent vegetation must be seeded or planted
within 30 working days or 120 calendar days after final grade is reached,unless
temporary stabilization is applied.
Planning Vegetation controls erosion by protecting bare soil surfaces from raindrop im-
Considerations pact and by reducing the velocity and volume of overland flow.
The most common and economical means of stabilizing disturbed soils is by
seeding grasses and legumes.The advantages of seeding over other means of
establishing plants include the smaller initial cost,lower labor input,and greater
flexibility of method.The disadvantages of seeding include:
• potential for erosion during the establishment stage,
• the need to reseed areas that fail to establish,
• seasonal limitations on suitable seeding dates,and
• a need for water and appropriate temperatures during germination and
early growth.
The probability of successful plant establishment can be maximized through
good planning,knowledge of the soil characteristics(Table 6.1 la),selection of
suitable plant materials for the site,good seedbed preparation,adequate liming
and fertilization,and timely planting and maintenance.
SELECTING PLANT MATERIALS
Climate,soils,and topography are the major factors affecting the suitability of
plants for a particular site. All three of these factors vary widely across North
Carolina,with the most significant contrasts occurring among the three major
physiographic regions of the state=Mountains, Piedmont, and Coastal Plain
(Figure 6.1 la).
To simplify plant selection,a Key to Permanent Seeding Mixtures is presented
in Table 6.1 lb.To find seeding specifications for a specific site,follow this key
through the different steps—region,slope,soil,and maintenance level—to the
appropriate seeding number.Seeding mixtures recommended here are designed
for general use and are well proven in practical field situations(Tables 6.11c
RECEIVED
JAN 3 0 Z007 6.11.1
BY:

Table 6.11 a
Suitability of Soil for Establishment of Low-maintenance Vegetation
Criteria Suitability Limiting Factors
Good Fair Poor
pH 5.6-7.8 4.5-5.5 <4.5 Too acid; possible
Al, Mn, Fe toxicity
Available >.10 .05-.10 <.05 Too dry
water capacity
Texture2 I,sil,si scl,sic] so, sic Too high in clay
sl cl c
Is s Too high in sand
Coarse (3-10 in) <15% 15-35 >35 Lg.stones restrict
fragments3 (>10 in) <3% 3-10 >10 tillage;droughty
Depth to 40 20-40 <20 Insufficient
bedrock(in.) rooting depth
Salinity(mmhos/cm) 8-16 >16 Excess salt
t inAn.
2Sandy clay loam (scl),silty clay loam (sicl),clay loam lot),sandy loam (sl),silt loam(sil), loamy sand (Is),sandy
clay(so), silty clay (sic), clay(c), silt (si),sand (s), and loam (1).
3Percent by weight.
Source: National Soils Handbook, USDA-SCS, 1983.
Coastal Plain
Mountains Piedmont Upper Middle Lower
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RECEIVED
JAN 3 0 2007
6.11.2
BY:_-----

Practice Standards and Specifications
through 6.1 lv).They are designed to produce maximum stabilization and min-
imize the amount of maintenance and repair required.
Land use is a primary consideration in planning permanent seedings.For this
purpose land use,whether residential, industrial,commercial,or recreational,
can be divided into two general categories:
High-maintenance areas are mowed frequently, limed and fertilized
regularly,and either(1)receive intense use(e.g.,athletic fields)or(2)re-
quire maintenance to an aesthetic standard (e.g., home lawns). Grasses
used for these situations are long-lived perennials that form a tight sod
and are fine-leaved and attractive in appearance. They must be well-
adapted to the geographic area where they are planted and able to endure
the stress of frequent mowing. Sites where high-maintenance vegetative
cover is desirable include homes,industrial parks,schools,churches,and
recreational areas.
Low-maintenance areas are mowed infrequently or not at all,and do not
receive lime and fertilizer on a regular basis.Plants must persist with lit-
tle maintenance over long periods of time.Grass and legume mixtures are
favored for these sites because legumes are a source of soil nitrogen.
Mixed stands are also more resistant to adverse conditions.Sites suitable
for low-maintenance vegetation include steep slopes, stream or channel
banks,some commercial properties,and "utility"turf areas such as road-
banks.
SEEDBED PREPARATION
The soil on a disturbed site must be amended to provide an optimum environ-
ment for seed germination and seedling growth.The surface soil mustbe loose
enough for water infiltration and root penetration.The pH(acidity or alkalinity)
of the soil must be such that it is not toxic and nutrients are available--prefera-
bly between 6.0 and 6.5. Sufficient nutrients—added as fertilizer—must be
present.
It is as important to add lime as to add fertilizer.Lime is used primarily as a pH,
or acidity,modifier,but it also supplies calcium and magnesium,which are im-
portant plant nutrients.By increasing soil pH it also makes other nutrients more
available to plants.At the same time,it prevents aluminum toxicity by decreas-
ing the solubility of soil aluminum. Many soils in North Carolina are high in
aluminum,which stunts plant growth.
After seed is in place, it must be protected with a mulch to hold moisture and
modify temperature extremes,while preventing erosion during seedling estab-
lishment.
STEEPSLOPES
The operation of equipment is restricted on slopes steeper than 3:1, severely
limiting the quality of the seedbed that can be prepared.The soil cannot be suf-
ficiently worked,and amendments cannot be.thoroughly incorporated.
Provisions for establishment of vegetation on steep slopes can be made during
final grading.In construction of fill slopes,for example,the last4-6 inches might
be left uncompacted.A loose,rough seedbed is essential.Large clods and stones
RECEIVED
JAN 3 0 2007 6.11.3
BY:--------

provide irregularities that hold seeds and fertilizer.Cut slopes should be rough-
ened(Practice 6.03,Surface Roughening).
Where steepness prohibits the use of farm machinery, seeding methods are.
limited to broadcast or hydroseeding, with hydroseeding giving the most de-
pendable results.Vegetation chosen for these slopes must not require mowing
or other intensive maintenance.Using a hydraulic seeder,seed,fertilizer,wood
fiber mulch,and a tacking agent can be applied in one operation.
Good mulching practices are critical to protect against erosion on steep slopes.
When using straw,anchor with netting or asphalt. On slopes steeper than 2:1,
jute,excelsior,or synthetic matting may be required to protect the slope.
Specifications SEEDBED REQUIREMENTS
Establishment of vegetation should not be attempted on sites that are unsuitable
due to inappropriate soil texture (Table 6.1la), poor drainage, concentrated
overland flow,or steepness of slope until measures have been taken to correct
these problems.
To maintain a good stand of vegetation,the soil must meet certain minimum re-
quirements as a growth medium.The existing soil should have these criteria:
• Enough fine-grained(silt and clay)material to maintain adequate mois-
ture and nutrient supply (available water capacity of at least .05 inches
water to 1 inch of soil).
• Sufficient pore space to permit root penetration.
• Sufficient depth of soil to provide an adequate root zone. The depth to
rock or impermeable layers such as hardpans should be 12 inches or more,
except on slopes steeper than 2:1 where the addition of soil is not feasible.
• A favorable pH range for plant growth,usually 6.0-6.5.
• Freedom from large roots,branches,stones,large clods of earth,or trash
of any kind. Clods and stones may be left on slopes steeper than 3:1 if
they are to be hydroseeded.
If any of the above criteria are not met—i.e.,if the existing soil is too coarse,
dense,shallow oracidic to foster vegetation—special amendments are required.
The soil conditioners described below may be beneficial or,preferably,topsoil
may be applied in accordance with Practice 6.04,Topsoiling.
SOIL CONDITIONERS
In order to improve the structure or drainage characteristics of a soil, the fol-
lowing materials may be added.These amendments should only be necessary
where soils have limitations that make them poor for plant growth or for fine
turf establishment(see Chapter 3,Vegetative Considerations).
Peat—Appropriate types are sphagnum moss peat, hypnum moss peat, reed-
sedgepeat,orpeat humus,all from fresh-water sources.Peat should be shredded
and conditioned in storage piles for at least 6 months after excavation.
Sand—clean and free of toxic materials.
RECEIVED
JAN 3 0 2007
h.u.a BY:

Practice Standards and Specifications
Vermiculite—horticultural grade and free of toxic substances.
Rotted manure—stable or cattle manure not containing undue amounts of
straw or other bedding materials.
Thoroughly rotted sawdust—free of stones and debris.Add 6 lb of nitrogen
to each cubic yard.
Sludge—Treated sewage and industrial sludges are available in various forms;
these should be used only in accordance with local,State,and Federal regula-
tions.
SPECIES SELECTION
Use the Key to Permanent Seeding Mixtures(Table 6.1lb) to select the most
appropriate seeding mixture based on the general site and maintenance factors.
A listing of species. including scientific names and characteristics,is given in
Appendix 8.02.
SEEDBED PREPARATION
Install necessary mechanical erosion and sedimentation control practices before
seeding,and complete grading according to the approved plan.
Lime and fertilizer needs should he determined by soil tests.Soil testing is per-
formed free of charge by the North Carolina Department of Agriculture soil test-
ing laboratory.Directions,sample cartons,and information sheets are available
through county Agricultural Extension offices or from NCDA. Because the
NCDA soil testing lab requires 1-6 weeks for sample turn-around, sampling
must be planned well in advance of final grading.Testing is also done by com-
mercial laboratories.
When soil tests are not available, follow rates suggested on the individual
specification sheet for the seeding mix chosen (Tables 6.11c through 6.11v).
Application rates usually fall into the following ranges:
• Ground agricultural limestone:
Light-textured,sandy soils: 1-1 1/2 tons/acre
Heavy-textured,clayey soils:2-3 tons/acre
• Fertilizer:
Grasses: 800-1200lb/acre of 10-10-10(or the equivalent)
Grass-legume mixtures: 800-1200 lb/acre of 5-10-10(or the equivalent)
Apply lime and fertilizer evenly and incorporate into the top 4-6 inches of soil
by disking or other suitable means. Operate machinery on the contour.When
using a hydroseeder,apply lime and fertilizer to a rough,loose surface.
Roughen surfaces according to Practice 6.03,Surface Roughening.
Complete seedbed preparation by breaking up large clods and raking into a
smooth,uniform surface(slopes less than 3:1).Fill in or level depressions that
can collect water. Broadcast seed into a freshly loosened seedbed that has not
been sealed by rainfall.
RECEIVED
JAN R 0 2007
6.11.5
BY:----

SEEDING
Seeding dates given in the seeding mixture specifications(Tables 6.11c through
6.11v) are designated as "best" or "possible". Seedings properly carried out
within the"best"dates have a high probability of success.It is also possible to
have satisfactory establishment when seeding outside these dates.However,as
you deviate from them,the probability of failure increases rapidly. Seeding on
the last date shown under"possible"may reduce chances of success by 30-50%.
Always take this into account in scheduling land-disturbing activities.
Use certified seed for permanent seeding whenever possible.Certified seed is
inspected by the North Carolina Crop Improvement Association. It meets
published North Carolina Standards and should bear an official"Certified Seed"
label(Figure 6.1 lb).
Figure 6.11 b Label displayed on all North
Carolina certified seed. F CERTIFIED SEED
D
sees n mn comae,e.,mm o;seen.,mn.
oroaucea.carwmoma eat Inaoeciw i�eccooace»rtn;ne
regwaeon CeaMa o;S eacfneiwno th,l nxl theoo uce�o e,o a ms
.araor wnme;ume morn cenemaucn numcer eppmn or.
;me iaeei rs eolNy mpowoie;o me marmeuoo oereon ens
'w;b omoe w.o'me uom.
GROWN IN NORTH CAROLINA
Net Wt.Lbs...,....
^
Pure seed....(%)..
Inert Matter...
Other Crop._
Weed Seed.,.(%)..
Germination..I%)..
Hard Seed.._(%)..
Test Date..........
No..Weed/Ib. .... -
Lot No..
Ca,,.NC.
Kinc...
Vanety .
Vendor
MEMBER OF ASSOCIATION OF OFFICIAL
SEED CERTIFYING AGENCIES
Labeling of non-certified seed is also required by law.Labels contain important
information on seed purity,germination,and presence of weed seeds.Seed must
meet State standards for content of noxious weeds.Do not accept seed contain-
ing"prohibited"noxious weed seed.
Inoculate legume seed with the Rhizobium bacteria appropriate to the species
of legume(Chapter 3.Vegetative Considerations).
Apply seed uniformly with a cyclone seeder, drop-type spreader, drill, cul-
tipacker seeder,or hydroseeder on a firm,friable seedbed.
6.11.E =BY: -

Practice Standards and Specifications
When using a drill or cultipacker seeder,plant small grains no more than 1 inch
deep, grasses and legumes no more than 1/2 inch. Equipment should be cali-
brated in the field for the desired seeding rate.
When using broadcast-seeding methods,subdivide the area into workable sec-
tions and determine the amount of seed needed for each section.Apply one-half
the seed while moving back and forth across the area, making a uniform pat-
tem;then apply the second half in the same way,but moving at right angles to
the first pass(Figure 6.11c).
Figure 6.11c Suggested pattern for
broadcasting seed and fertilizer
(source:NCAES Bulletin AG-69). F i ; •, y "r
Seeding Pattern
EE 1/2
Cover broadcast seed by raking or chain dragging; then firm the surface
with a roller or cultipacker to provide good seed contact.
Mulch all plantings immediately after seeding(Practice 6.14,Mulching).
HYDROSEEDING
Surface roughening is particularly important when hydroseeding, as a rough-
ened slope will provide some natural coverage for lime,fertilizer,and seed.The
surface should not be compacted or smooth. Fine seedbed preparation is not
necessary for hydroseeding operations; large clods, stones, and irregularities
provide cavities in which seeds can lodge.
Rate of wood fiber(cellulose)application should be at least 2,000 lb/acre.
Apply legume inoculants at four times the recommended rate when adding in-
oculant to a hydroseeder slurry.
If a machinery breakdown of 1/2 to 2 hours occurs,add 50%more seed to the
tank,based on the proportion of the slurry remaining.This should compensate
for damage to seed.Beyond 2 hours,a full rate of new seed may be necessary.
Lime is not normally applied with a hydraulic seeder because it is abrasive. It
can be blown onto steep slopes in dry form. D
gECF�VE
JAN � © 2007
6.11.7
gY:�f

SPRIGGING
Hybrid Bermudagrass cannot be grown from seed and must be planted vegeta-
tively.Vegetative methods of establishing common and hybrid Bermudagrass,
centipedegrass,and Bahiagrass include sodding,plugging and sprigging(Chap-
ter 3, Vegetative Considerations). Sprigs are fragments of horizontal stems
which include at least one node Qoint).They are normally sold by the bushel
and can either be broadcast or planted in furrows using a tractor-drawn tobac-
co or vegetable transplanter.
Furrows should be 4-6 inches deep and 2 If apart.Place sprigs about 2 ft apart
in the row with one end at or above ground level(Figure 6.1 ld).
Figure 6.11d Proper placement of grass Q(
sprigs. Each sprig should have at least one Soil Surface c�
node(modified from NCAES Bulletin AG-69).
t
2n
Correct Incorrect
Broadcast sprigs at the specified rate(Tables 6.11r and 6.11s).Press into the
top 1/2-2 inches of soil with a cultipacker or with a disk set nearly straight so
that the sprigs are not brought back to the surface.
IRRIGATION
Moisture is essential for seed germination and seedling establishment. Sup-
plemental irrigation can be very helpful in assuring adequate stands in dry
seasons or to speed development of full cover. It is a requirement for fine turf
establishment and should be used elsewhere when feasible.However,irrigation
is rarely critical for low-maintenance vegetation planted at the appropriate time
of the year.
Water application rates must be carefully controlled to prevent runoff. Inade-
quate or excessive amounts of water can be more harmful than no supplemen-
tal water.
Maintenance Generally, a stand of vegetation cannot be determined to be fully established
until soil cover has been maintained for one full year from planting. Inspect
seeded areas for failure and make necessary repairs and reseedings within the
same season,if possible.
Reseeding—If a stand has inadequate cover,re-evaluate choice of plant mate-
rials and quantities of lime and fertilizer. Re-establish the stand after seedbed
preparation or over-seed the stand.Consider seeding temporary,annual species
if the time of year is not appropriate for permanent seeding(Practice 6.10,Tem-
porary Seeding).
RECEIVE
JAN 10 2007
6.1 l.s BY:---

Practice Standards and Specifications
If vegetation fails to grow,soil be must tested to determine if acidity or nutrient
imbalance is responsible.
Fertilization—On the typical disturbed site,full establishment usually requires
refertilization in the second growing season. Fine turf requires annual main-
tenance fertilization (Table 6.12b). Use soil tests if possible or follow the
guidelines given for the specific seeding mixture(Tables 6.11c through 6.11v).
References Site Preparation
6.03,Surface Roughening
6.04,Topsoiling
Surface Stabilization
6.10,Temporary Seeding
6.12,Sodding
6,14,Mulching
Appendix.
8.02,Vegetation Tables
Chapter 3,Vegetative Considerations
USDA Soil Conservation Service
National Soils Handbook
RECEIVED
JAN 3 0 2007
6.11.9
BY:

Table 6.11 b
Key to Permanent Seeding Mixtures Based on Site Characteristics
Region and Site Characteristics' Seeding Table
Number (6,11)
I. Mountains
A. Steep slopes(steeper than 3:1);low maintenance
1. Average soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 M c
2. Cold sites or rocky, rough,dry soils . . . . . . . . . . . . . . . . . .2M or d
. . . . . . . . . . . . . . . . . . . . . .7M(trees) i
B. Gentle slopes(3:1 or less)
1. Low maintenance
a. Average soil . . . . . . . . . . . . . . . . . . . . . . . . . . . .3M e
b. Rough, rocky, dry soil . . . . . . . . . . . . . . . . . . . . . . .2M or d
. . . . . . . . . . . . . . . . . . . . . .7M (trees) i
2. *High maintenance
a. Full sun,soils with good moisture retention . . . . . . . . . . . .4M f
b. Full sun,drought-prone soils . . . . . . . . . . . . . . . . . . . .5M g
c. Sun or semi-shade, minimum-care lawns . . . . . . . . . . . . .6M h
C. Grass-lined channels . . . . . . . . . . . . . . . . . . . . . . . . . . . SM 1
II. Piedmont
A. Low maintenance
1. Steep slopes or stony,shallow or dry soils . . . . . . . . . . . . . . 1 P k
2. Gentle slopes with average or better soils . . . . . . . . . . . . . .2P I
B. High maintenance(slopes less than 3:1)
1. cool sites;soils with average or better moisture retention . . . . . .3P m
2. Warm sites;dry,poor soils . . . . . . . . . . . . . . . . . . . . . .4P or 3CP n, r
C. Grass-lined channels
1. Soils with average or better moisture retention. . . . . . . . . . . . .5P or eM o,j
2. Full sun,drought-prone soils . . . . . . . . . . . . . . . . . . . . . .7CP v
III. Coastal Plain
A. Well-to poorly-drained soils with good water-holding capacities
1. Low maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . lop p
2. High maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . .2CP 4
B. Well-drained sandy loams to excessively well-drained sands
1. High maintenance,fine turf . . . . . . . . . . . . . . . . . . . . . .3CP r
2. Low-to medium-care lawns . . . . . . . . . .4CP s
3. Lowmaintenance . . . . . . . . . . . . . . . . . . . . . . . .5CP t
C. Intertidal zones of estuarine shorelines,dredged
material, and graded areas in salt water . . . . . . . . . . . . . . . . .6CP u
D. Grass-lined channels . .7CP v
E. Coastal sands exposed to salt spray
and/or wind erosion . . . . . . . . . . . . . . . . . . . . . . . . . . . .see Table 6.16a
'Refer to Table 6.1la for soil suitability limitations.
RECEIVED
JAN 3 0 2007
6.11.10
LBY:_---

Table 6.11 p
Seeding No. 1CP for: Weil-to Seeding mixture
Poorly Drained Soils with Species Rate(lb/acre)
Good Moisture Retention; Tall fescue 80
Low Maintenance Pensacola Bahiagrass 50
Sericea lespedeza 30
Kobelespedeza 10
Seeding notes
1. From Sept. 1 -Mar. 1, use unscarified sericea seed.
2.On poorly drained sites omit sericea and increase Kobe to 30 lb/acre.
3. Where a neat appearance is desired, omit sericea and increase Kobe
to 40 lb/acre.
Nurse plants
Between Apr. 15 and Aug. 15, add 10 lb/acre German millet or 15 lb/acre
Sudangrass. Prior to May 1 or after Aug. 15. add 25 lb/acre rye(grain).
Seeding dates
Best Possible
Early spring: Feb. 15- Mar. 20 Feb. 15-Apr.30
Fall: Sept. 1 -Sept.30 Sept. 1 -Oct.31
Soil amendments
Apply lime and fertilizer according to soil tests,or apply 3,000-5,000 lb/acre
ground agricultural limestone(usethe lower rate on sandy soils)and 1,000
Ib/acre 10-10-10 fertilizer.
Mulch
Apply 4,000 lb/acre grain straw or equivalent cover of another suitable
mulch.Anchor straw by tacking with asphalt, netting,or roving or by crimp-
ing with a mulch anchoring tool. A disk with blades set nearly straight can
be used as a mulch anchoring tool.
Maintenance
If growth is less than fully adequate, refertilize in the second year,accord-
ing to soil tests or topdress with 500 lb/acre 10-10-10 fertilizer. Mow as
needed when sericea is omitted from the mixture. Reseed, fertilize, and
mulch damaged areas immediately.
'Refer to Appendix 8.02for botanical names.
RECEIVED
JAN S 0 2007
6.11 24
BY:_----

Practice Standards and Specifications
Table 6.11q
Seeding No. 2CP for: Well-to Seeding mixture
Poorly Drained Solis with Species Rate(lb/acre)
Tall fescue blend of two or
Good Moisture Retention;High Maintenance three improved varieties) 200
Rye(grain) 25
Seeding dates
Best: Sept. 15-Oct. 15
Possible: Sept. 1 -Oct.31 or Feb. 15-Apr.30
Soil amendments
Apply lime and fertilizer according to soil tests,or apply 3,000-5,000lb/acre
ground agricultural limestone(use the lower rate on sandy soils)and 1,000
lb/acre 10-10-10 fertilizer.
Mulch
Apply 4,000 lb/acre small straw or equivalent cover of another suitable
mulch.Anchor straw by tacking with asphalt,netting,or roving or by crimp-
ing with a mulch anchoring tool.A disk with blades set nearly straight can
be used as a mulch anchoring tool.
Maintenance
Fertilize according to soil tests or apply 40 lb/acre nitrogen in Jan.or Feb.,
40 lb in Sept.,and 40 lb in Nov.,from a 12-4-8, 16-4-8,or similar turf fer-
tilizer. Avoid fertilizer applications during warm weather,as this increases
stand losses to disease. Reseed,fertilize, and mulch damaged areas im-
mediately. Mow to a height of 2.5-3.5 inches as needed.
Refer to Appendix 8.02for botanical names.
RECEIVED
JAN . 0 ?007
• 6.11.25
BY:-- --

Practice Standards and Specifications
Table 6.11v
Seeding No.7CP for: Seeding Mixture
Grass-lined Channels; Species' Rate(lb/acre)
Coastal Plain, Lower Common Bermudagrass 40-80(1-2lb/1.000ft2)
Piedmont,and Dry Soils in
the Central Piedmont Seeding dates
Coastal Plain: Apr.-July
Piedmont: Apr. 15-June 30
Soil amendments
Apply lime and fertilizer according to soil tests, or apply 3,000 lb/acre
ground agricultural limestone and 500 lb/acre 10-10-10 fertilizer.
Mulch
Use jute, excelsior matting, or other effective channel lining material to
cover the bottom of channels and ditches.The lining should extend above
the highest calculated depth of flow. On channel side slopes above this
height, and in drainages not requiring temporary linings, apply 4,000
Ib/acre grain straw and anchor straw by stapling netting over the top.
Mulch and anchoring materials must not be allowed to wash down slopes
where they can clog drainage devices.
Maintenance
A minimum of 3 weeks is required for establishment. Inspect and repair
mulch frequently. Refertilize the following Apr.with 50 lb/acre nitrogen.
'Refer to Appendix 8.02for botanical names.
RECEI
JAN 4 0 2007 11 6.11.31
BY:

February 26, 2007
To: Mary Jean Naugle
NCDENR-D W Q
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Request for Additional Information
Stormwater Project No. SW8 060404
The Cottages at Brick Landing Plantation
1. Provided a distribution channel in the infiltration basin.
2. Located 3 monitoring wells around the infiltration basin.
3. Provided a level spreader. -
4. Provided a signed & notarized level spreader O&M.
5. Provided an infiltration O&M with the added statement.
6. Provided the deed restriction with the added statement.
2 sets of the revised plan are provided. a'N3L`f sOE ZeT Z 621 a0
Thanks.
FEB 2 6 2007
By;

Re: [Fwd: [Fwd: SW8 060404 Cottages at Brick Landing]] I2
Subject: SW8 060404 Cottages at Brick Landing
From: Mary Jean Naugle<Mary.Naugle@ncmaiLnet>
Date: Wed, 07 Feb 2007 10:17:40 -0500
To: sk<[e-mail]>
CC: Jeff Malpass <[e-mail]>,cameron.weaver@ncmaiLnet, Justin Bishop
<j [e-mail]>
Shane;
I received your memo below. Your request for extension until 2/16/07 is approved. After the first of this year,
extensions are rarely approved in express. Due to the express program requiring projects to move quickly, we have
to resolve this soon and issue the permit-or the process requires it to be taken out of express or returned. Normally
alternative designs are not allowed in express. I would like to issue this permit this week or next at the latest.
The requirement for 5 acre drainage areas to infiltration basins have been in the April 1999 BMP design guidelines.
Adherence to the guidelines is required for drainage area sizing due to the high failure rate of infiltration basins
attributed basically to the blinding off, erosion, and mounding in the basins. 1 realize the timing of your project
makes it difficult with no areas available for smaller basins. I will explore options for your project. Some items that
may be allowed as an alternative design are sectioning smaller areas, infiltration rate above 2 inch/hour [you reported
7], inlet distribution flow mechanisms, increased maintenance, pretreatment settling pond to remove sediment prior
to infiltration basin [already proposed], monitoring wells around the basin with frequent soil scientist certifications of
performance and reports submitted to DWQ, etc..
Add the following requirement to your O&M for the infiltration basin supplement and get it notarized again.
[handwritten on the form as an item 6 is fine.]
/The water level in any monitoring wells will be recorded after a I inch rainfall event and at least once a month.
/ The
well observations made by a certified soil scientist must be report to DWQ regional office semi-annually
kat a minimum. Chronic high water table elevations(within I foot of the bottom of the system for a period of three
months)
shall be reported to DWQ immediately."
This is taken from the trench supplement O& M form with the reporting added since this project will be an
alternative design under.1008 (h). This statement will be added to the typical permit language for this permit.
Notarize the deed restriction attached with the statement about O&M as item 8.
Regarding item 5 in the ad info., if you can propose a level spreader at the outlet of the stormwater pipe that is within
the design guidelines in the BMP that provides non-erosive and sheet flow for the 10 year outlet flow rates,then the
additional easement may not be needed. BMP attached.
Jeff,
Can we discuss this on Friday,2/9 at 1:00. Please consider design alternatives to address the large drainage area as
well as the stormwater discharge. We can talk over the phone. In the mean time add an engineered inlet distribution
channel to the infiltration basin plan with detail, sized for the flow rate, locate it down the middle with fingers to
provide non-erosive and sheet flow. A channel type ditch that is maintainable, rock filled, and adequate dimensions
for the flow. Add the level spreader to the plans per the BMP. Locate the monitoring wells on the plans and show a
detail.
Get the O&M and deed restrictions signed and notarized. [attached]
1 am trying to get this project approved as an alternative program with the monitoring and reports.
If you cannot talk on Friday afternoon,then suggest an alternative Thursday afternoon or Friday before I 1 a.m.
Summarize what we need:
1. engineered distribution channel on the inlet to infiltration basin
2. monitoring wells located around the basin
[3. level spreader per BMP
2 of 5 2/12/2007 2:04 PM

Re: [Fwd,;[Fwd: SW8 060404 Cottages at Brick Landing]]
n
4. level spreader O&M signed and notarized
5. infil O&M with added statement on the supplement
6l deed restriction with added statement
V.
thank you,
Mary Jean Naugle
NC DENR
Express Permitting-WiRO
910-796-7303
sk wrote:
Davy Group Construction
1111 Military Cutoff Rd
Suite 151
Wilmington NC 28405
February 5, 2007
To: Mary Jane Naugle
CC: Jeff Malpass, Kirk Davy
RE: Stormwater Permit# SWB 060404
Mary Jane,
It has come to our attention, by way of your letter,that you are requesting
additional information for our project"The Cottages at Brick Landing
Plantation, Brunswick County". We also understand the Mr. Rob Gordon is no
longer with Express Stormwater Permitting. At last we left this permit with
Mr. Gordon, and the Express Permitting division, we were basically approved
for a permit with only a few minor changes. I personally attended a meeting
In May of 06 with Mr. Gordon, Mr. Malpass and also Mr. Paul Bartlett. All
parties were in agreement that this was an acceptable and sufficient design
with minimal modifications. The few changes that were suggested were
detailed in a letter to Mr Malpass. I have copied Mr. Gordon's original
email to Mr. Malpass below:
-----Original Message-----
Front: Robert Gordon[mailto:Robert.Gordon a,ncmail.netJ
Sent: Thursday, May 04, 2006 8:10 AM
To:Justin Bishop;Jeff Malpass
Subject:Brick Landing Comments
Justin8ejj;
There were just a few comments remaining for Brick Landing.
* The impervious area totals listed on the application do not match
the ones totaled at the beginning of the talc packet.
*Please provide a better detail of the vegetated filter. Typically
3 of 5 2/12/2007 2:04 PM

Re: [Fwd: [Fwd: SW8 060404 Cottages at Brick Landing]]
looking for a few spot elevations and a cross-section.
* Offsite drainage. I see the note about the contractor not
allowing sheet flow into the basin, but I would really feel more
comfortable ifsomething were designed. The area I am concerned
with is the Lake Forest, Section 2 area SE of the pond. There are
no contours provided(so I do not know the direction offlow). If
the runoffflows directly towards the basin, it will cause a
problem and a swale/diversion should be designed. If it flows
toward the cart path and over the curb -then nothing additional
is necessary. If contours are unavailable,please provide flow
arrows to document drainage patterns.
*Please submit the signed offsile agreement-Shane indicated this
may be delayed.
Since it is just a few items, I am not planning to send any further
correspondence. Please respond to this email to let me know you received it
when you get a chance.
Rob Gordon
Express Stormwater Permitting
[phone]
On January 29th 2007, Mr. Malpass respectfully submitted our Easement
Agreement along with the revisions suggested in the above letter. We
apologize for the delay in obtaining the offsite agreement. However,during
our permitting process,the tract of land that the stormwater easement is
located on changed ownership. The logistics of this matter were complicated
and the process lengthy, at best.
At this point in time we feel that we have fulfilled the requests of the
Stormwater Permitting division and would like to move forward with
permitting. We would also like to avoid paying the additional 1000 dollar
fee that"...that may be charged for subsequent reviews due to insufficiency
of a permit application..."as you suggested(Item #6)due, in fact, to the
reason that at this point there should be no further reviews.
I thank you in advance for your consideration of this letter and am
available for discussion at your convenience. At the very least, for now, we
would appreciate an extension(currently our deadline is February 9th)while
this letter is under review. 1 have listed my contact information below.
Respectfully,
Shane Keenan
Project Manager
Davy Group Construction Inc.
I I I I Military Cutoff
Wilmington,NC 28405
t 910-443-0640
e: skna,davygroup.com
f: 910-256-3993
------ —-- — — .._.....
Mary Jean Naugle NC DENR Express WiRO<Mary Naugle a,ncmail.net>
Express
4 of 5 2/12/2007 2:04 PM

Re: LFwd: [Fwd:•SW8 060404 Cottages at Brick Landing]]
Subject: Re: [Fwd: [Fwd: SW8 060404 Cottages at Brick Landing]]
From: Mary Jean Naugle<[e-mail]>
Date: Thu, 08 Feb 2007 15:52:08 -0500
To: sk<[e-mail]>, Jeff Malpass<[e-mail]>, Justin Bishop
<[e-mail]>, [e-mail]
Jeff,
1 received your voice mail that you cannot talk on Friday. 1 tried to call your office but missed you. Since you
mentioned that Monday afternoon was good for you, 2:00 on 2/9 is the only time that i have between meetings. 1
will be in my office to receive your call.
Please review the attached. Those are the alternatives that we have to address an infiltration basin above the
guidelines that was approved on a case-by-case basis under the alternative rule .1008 (h). It will not be the norm for
sizing infiltration basins and will be monitored. As i mentioned in another memo, Vincent Lewis will meet with you
on 2/19 to locate the monitoring wells around the basin when he meets with you on a project across the street.
We need to move forward with this project and issue the permit.
Mary Jean
sk wrote:
Im good to talk on Friday. I will call Jeff so that he can confirm as well.
On Thu, 08 Feb 2007 09:25:09 -0500, Mary Jean Naugle wrote
Jeff and Shane;
Please confirm that you read this message and that you are able to
talk on Friday at 1:30 p.m. by phone.
Mary Jean Naugle
NC DENR
Express Permitting - WiRO
Shane Keenan
Project Manager
Davy Group Construction Inc.
1111 Military Cutoff
Wilmington, NC 28405
t: 910-443-0640
e: skGdavygroup.com
f: 910-256-3993
Subject: [Fwd: SW8 060404 Cottages at Brick Landing]
From: Mary Jean Naugle<[e-mail]>
Date: Wed,07 Feb 2007 10:20:04 -0500
To: [e-mail]
I of 5 2/12/2007 2:04 PM

� �
y �
��
, _ �
� � � ` - -
,`

Read: [Fwd: SW8 060404 -The Cottages at Brick Landing Plantation]
Subject: Read: [Fwd: SW8 060404 - The Cottages at Brick Landing Plantation]
From: "Justin Bishop" <[e-mail]>
Date: Thu, 1 Feb 2007 12:39:55 -0500
To: "'Mary Jean Naugle"' <[e-mail]>
Your message
To: [e-mail]
Subject: [Fwd: SW8 060404-The Cottages at Brick Landing Plantation]
Sent: 2/l/2007 10:34 AM
was read on 2/l/2007 12:39 PM.
Reporting-UA: cadOI.MalpassEngineering.local; Microsoft Office Outlook, Build
11.0.6353
Final-Recipient : rfc822;[e-mail]
Original-Message-ID: <[e-mail]>
Disposition: manual-action/MDN-sent-manually; displayed
Content Type: message/disposition-notification
Part 1.2
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10:03Q,rp,
DAVY Ci-'OUP CoNs� ,
R�'ueN� cAi.V 3DOT,rn
I of 1 2/I/2007 12:59 PM

�OF W ATF90 Michael F.Easley,Governor
_� (r William G.Ross Jr.,Secretary
rNorth Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.Director
Division of Water Quality
January 31, 2007
Mr. Kirk Davy, President, Davy Group Construction, Inc.
PO Box 1571
Wrightsville Beach, NC 28480
Subject: Request for Additional Information, Stormwater Project No. SW8 060404 Al
Cottages at Brick Landing Plantation, Brunswick County
Dear Mr. Davy: uu
- The Wilmington Regional Office received a Stormwater Management Permit Application for The Cottages
at Brick Landing on April 5, 2006 with additional information received on April 25, 2006 and January 30, 2007.
Preliminary reviews of that information has determined that the application is not complete. The following
information is needed to continue the stormwater review. p
1. Provide additional infiltration basins for the 30-acre drainage area. Limit the drainage area to each
infiltration basin to approximately 5 acres as required by the Infiltration Supplement; Form SW U-103;
section II (g)and the April 1999 BMP section 8.5, page 83. "The maximum drainage area that should
flow to a single infiltration device is 5 acres."
2. Provide flow distribution mechanism within each infiltration basin to minimize erosion as required in the
Infiltration Supplement, Form SWU-103, section II (o). Designs often include an inlet trench down the
middle of the infiltration basin lined with rock and sized to handle the specific flow rate to provide sheet
flow.
3. Provide level spreaders at the stormwater outlet to wetlands and surface waters according to the BMP
[attached]. Plan sheet number 10 of 13 includes a plan view with protection, but does not appear to meet
the BMP design guidelines.
4. Submit the Operation and Maintenance agreement for the level spreader[attached].
5. Provide a drainage easement for the outfall pipe, vegetated filter, level spreader and the stormwater
discharge area at the 10-year storm event. The agreement for the easement on the outfall pipe and the
vegetated filter were provided on the plans submitted January 30, 2007, but the easement for the
stormwater discharge area was not provided. Document on the plans the easement for the stormwater
discharge area and submit a copy of the signed offsite easement agreement with mention of the outfall
pipe, vegetated filter, level spreader and stormwater discharge area at the 10 year storm event and also
refer to the plan drawing number and date on that agreement. The approval of the large amount of water
discharging on the adjacent property needs to be understood by the owner.
6. Provide an additional fee of$1000 to cover the additional reviews of this project.
Please note that this request for additional information is in response to further preliminary review. The
requested information should be received by this Office prior to February 9, 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.
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. If you have any questions
concerning this matter please feel free to call me at [phone].
Sincerely,
Mary Jean Naugle
ENB/mjn: S:\WQS\STORMWATERWDDINFO\2007\060404jan07
CC: Jeff Malpass, PE, Malpass Engineering, P.C. 910-392-5243 [fax5203] N"o�`n Carolina
Urally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Intcmel: www.nc,vateraualuv.ore Fax '910,150-2004 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer—50%Recycled/l0%Post Consumer Paper

January 30, 2007
E3Y' -
I
To: Mary Jean NaugleNCDENR-DWQ -
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Request for Additional Information
Stormwater Project No. SW8 060404
The Cottages at Brick Landing Plantation
1. Provided is a revised original stormwater application page 2 of 4 and a copy.
Also, 2 copies of the stormwater calculations are provided. The impervious areas
now match.
2. A vegetative filter detail has been added to sheet 10. Spot elevations are shown
on the corners of the vegetative filter.
3. Flow arrows for the off-site area in question have been provided. The site flows
towards the cart path & our proposed road.
4. A copy of the signed off-site agreement for the drainage easement is provided.
2 sets of the revised plan are provided.
Thanks.

STORM WATER DRAINAGE EASEMENT AGREEMENT
THIS STORM WATER DRAINAGE EASEMENT AGREEMENT (the
"Agreement") is entered into this_day of January, 2007, by and between T&J
DEVELOPMENT OF NMB, LLC, a South Carolina limited liability company (the
"Grantor"),and BLP LAND COMPANY, LLC, a North Carolina limited liability
Company ("Grantee"). The designation Grantor and Grantee as used herein shall include
said parties,their successors and assigns, and shall include singular,plural, masculine,
feminine or neuter as required by context.
WITNESSETH:
THAT, WHEREAS, the Grantor is the fee simple owner of certain real property
located in Brunswick,North Carolina, which it acquired by a deed from Landis Stanley
and wife,Linda F. Stanley, recorded in Book 2485,Page 1388 of the Brunswick County
Registry on October 6, 2006, and by a deed from Joseph H. Myers and wife, Tina W.
Myers, recorded in Book 2485, Page 1362 of the Brunswick County Registry on October 6,
2006(collectively referred to as the "T&J Property"); and,
WHEREAS, the Grantee is the fee simple owner of certain real property (the`BLP
Property") which it acquired from BL Partners, LLC, by a deed recorded in Book 2308,
Page 885 of the Brunswick County Registry on December 30, 2005; and,
WHEREAS, the T & J Property is located northeast across SR 1143 from Tract C
of the BLP Property; and,
WHEREAS, the Grantee wishes to obtain a STORM WATER drainage easement
over the T&J Property for the benefit of the BLP Property; and,
gECE1VE�
JAN R 0 2(10?

WHEREAS, the Grantor has agreed to grant to the Grantee a thirty (30) foot wide
drainage easement over and under the T&J Property to provide STORM WATER
drainage from the BLP Property to Sauce Pan Creek.
NOW, THEREFORE, in consideration of the foregoing recitals,the mutual
agreements set forth below and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. STORM WATER Drainage Easement: The Grantor hereby gives, grants and
conveys unto the Grantee, and the Grantee's successors and'assigns, a non-exclusive
easement (the "Storm Water Drainage Easement") over, across, under and upon the area
described on Exhibit A, which is attached and incorporated herein, for the installation,
construction, operation, maintenance, repair and replacement of facilities for draining and
otherwise controlling the flow of storm water runoff from the BLP Property.
(a) In connection with its rights under the Storm Water Drainage Easement,
Grantee shall be entitled to construct in the Storm Water Drainage
Easement such ponds, retention facilities, curbs and gutters, conduits, pipes,
grates, manholes, pumps and other facilities necessary to route and control
surface water drainage and runoff from the BLP Property(collectively, the
"Storm Water Drainage Improvements") provided, however, Grantee agrees
to provide Grantor with copies of the plans and specifications for the Storm
Water Drainage Improvements prior to construction of the same for review
and approval by Grantor. Grantor agrees not to unreasonably withhold,
condition or delay the approval of such plans and specifications, and,in any
event, agrees to approve such plans and specifications if they are consistent
with Grantee's overall development scheme for the BLP Property. To the
extent requested by Grantee, Grantor agrees to join Grantee in signing any
engineering drawings and making necessary applications for storm water
permits relating to the Storm Water Drainage Improvements.
Notwithstanding the foregoing to the contrary, in the event Grantor has not
notified Grantee of Grantor's approval or disapproval of such plans and
specifications within twenty (20) day of receipt thereof, Grantor shall be
deemed to have approved such plans and specifications in all respects.
(b) Grantee agrees, at its own cost and expense, to clean, repair, maintain in
good condition, order and appearance, and replace, as necessary, all Storm
Water Drainage Improvements actually installed by Grantee within the
Storm Water Drainage Easement.
2 gECEIVEV
JAN .10 2007
BY:_-

2. Binding on Personal Representatives, Heirs, Successors and Assigns. The Storm
Water Drainage Easement and other rights and obligations of this Agreement shall run
with title to the T&J Property and the BLP Property and shall be binding upon and shall
inure to the benefit of the T&J successors and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, the parties have executed this Agreement and affixed
their seals on the date and year first above written.
GRANTOR:
T&J DEVELOPMENT OF NMB, LLC
By: (SEAL)
Manager
GRANTEE:
BLP LAND COMPANY,LLC
By: / ` r ... (SEAL)
anager
STATE OF NO SoA Carr))MC -
COUNTY OF"'93A7.=��:v,',R HO(,rN
I, certify that the following person personally appeared before me this day,
acknowledging to me that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: Z)a0l& -r 1- 4 3r, T&J
DEVELOPMENT OF NMB, LLC,A LIMITED LIABILITY COMPANY [CHECK ONE]
DI (I)1 have personal knowledge of the identity of the principal; or ❑ (ii) I have seen
satisfactory evidence of the principal's identity by a current state or federal identification,
with the principal's photograph, in the form of a dr4rs �icem c-
Date:
No a ublic Si ture
0.A CY\ c)"n n-s
Notary Public's Printed Name
(Official Seal of Notary)
My Commission Expires:_Q ' I _a O IS-
3 REC-IV
r
JAN 0 700,
BY

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, certify that the following person personally appeared before me this day,
acknowledging to me that he voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: KID� N 1)1 Vu , BLP
LAND COMPANY,LLC, A LIMITED LIABILITY CO ANY [CHECK ONE] ❑ (1)
I have personal knowledge of the identity of the principal; or � (ii) I have seen
satisfactory evidence of the principal's identity by a current state or federal identification,
with the principal's photograph, in the form of a Vle,la
Date: j(t uci ,U O `I 1 2(1 U7
Notary Publit! Signature
U, (jc, 6"1 nzi1 e—
No ary Public's Printed Name
(Official Seal of Notary)
My Commission Expires:
a RECEIV D
JAN 110 2007
BY:

Justin Bishop
From: Robert Gordon [[e-mail]]
Sent: Thursday, May 04, 2006 9:10 AM
To: Justin Bishop, Jeff Malpass
Subject: Brick Landing Comments
Justin/Jeff,
There were just a few comments remaining for Brick Landing.
• The impervious area totals listed on the application do not match
the ones totaled at the beginning of the calc packet.
* Please provide a better detail of the vegetated filter. Typically
looking for a few spot elevations and a cross-section.
* Offsite drainage. I see the note about the contractor not
allowing sheet flow into the basin, but I would really feel more
comfortable if something were designed. The area I am concerned
with is the Lake Forest, Section 2 area SE of the pond. There are
no contours provided (so I do not know the direction of flow) . If
the runoff flows directly towards the basin, it will cause a
problem and a swale/diversion should be designed. If it flows
toward the cart path and over the curb - then nothing additional
is necessary. If contours are unavailable, please provide flow
arrows to document drainage patterns.
* Please submit the signed offsite agreement - Shane indicated this
may be delayed.
Since it is just a few items, I am not planning to send any further correspondence.
Please respond to this email to let me know you received it when you get a chance.
Rob Gordon
Express Stormwater Permitting
[phone]
I

April 25, 2006
To: Rob Gordon Rj�r �VED
Environmental Engineer 11
APR 9 b 2906
From: Justin Bishop, E.I.
Malpass Engineering, P.C.
Re: Request for Additional Information
Stormwater Project No. SW8 060404
The Cottages at Brick Landing Plantation
1. The 2 isolated wetlands have been shown on the plan and are located just west of
KellyAnn Lane.
2. Added note 419 for clay liner permeability and added to pond cross section detail.
3. A cross section showing both the infiltration basin and the retention pond has been
added (see sheet 10 of 13).
4. Pump on/off elevations have been added to note #15 and to pump detail.
5. A stage-storage chart has been added (see sheet 10 of 13).
6. Cart path dimension has been provided at 2 locations (see sheet 9 of 13).
7. Showed pipe to be buried at end of outlet protection.
8. Retention pond and infiltration basin elevations, bottom areas, and volumes have been
provided on the supplement.
9. Off-site runoff will enter the catch basins located along the roads and travel through
the pipe system to the retention pond. Note #18 has been added to ensure no runoff
will sheet flow directly into the retention pond or infiltration basin.
10. The drainage areas (ac) have been listed on the DA map for both the off-site and on-
site DA.
11. Page 2 of 4 of the stormwater application has been revised to adjust impervious areas.
12. The off-site agreement has not been obtained yet.
13. Topsoil is specified on pond cross section detail and drainage detail.
14. Vegetation to be used on ponds was added to pond cross section detail.
15. The one page form provided was sign and notarized.
Thanks.

]000Zouc - The Wcb'u Topographic Map Page } nf }
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Projection is UTM Zone l7NAD83Datum C=1.45

�0F W A 7F'q
Michael F.Easle}S Governor'
William G. Ross Jr.,Sccretap
r North Carolina Department of Environment and Natural Resources
1 �
O C Alan W.Klimek,P E.Director
Division of Water Quality
April 12, 2006
Mr. Kirk Davy, President
Davy Group Construction, Inc.
PO Box 1571
Wrightsville Beach, NC 28480
Subject: Request for Additional Information
Stormwater Project No. SW8 060404
The Cottages at Brick Landing
Brunswick County
Dear Mr. Davy:
The Wilmington Regional Office received a Stormwater Management Permit Application for
The Cottages at Brick Landing on April 5, 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 show any 404 wetlands on��ite(or the offsite easement). If none exist, please
add a note indicating no wetla�s exiX n site (or on the offsite easement).
2. Please provide (permeability) spocifications for the clay liner.
3. Please show both the infiltration basin and storage pond on the same cross-section.
4. There does not appear to be pump on/offe(evations specified on the drawings
5. Please provide a complete stage-stogag ce hart for both the storage basin and the
infiltration basin. /
6. Please provide a dimension for II e art path on the drawings.
7. A level spreader is required � t e" tlet of the bypass pipe (prior to the vegetated filter).
Please provide a detail of the els spreader.
8. Please add basin dimensions and basin elevations for both the storage pond and the
infiltration basin on the supplement.
9. It is unclear how the offsite runoff will get into the storage basin. Please make sure no
runoff will sheet flow directly into the basin. The basin is 15 ft deep and will likely cause
significant erosion.
10. Please list the drainage area (sf or ac),for both the offsite and onsite DA on the DA map.
11. It appears a portion of the cart pat is offsite, but the entire cart path appears to be
counted as onsite on the applicaion.
NoYhCarolina
.Arrturn//ll
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington,NC 28405 Fax [phone] Intemec www.ncwawrqualitv.ora
An Equal OpportunilylAffirmative Action Employer—50%Recycled110%Post Consumer Paper

Tl;e Cottages at Brick Landing
April 12, 2006
Stormwater Permit # SW8 060404
12. Please submit a copy of the signed offsite eassmment agreement for the outfall
pipe/vegetated filter. ( \ \
13. As mentioned above, clay liner specifics ions were not provided but it is assumed that
the liner is going to be a compacted y. It is unlikely that a good stand of vegetation
will establish if sodded/sown dirpe in compacted clay, even with the specified soil
amendments. Typically, a Jaye f topsoil is specified on to provide a better growing
media for grass/vegetation.
14. Please clarify the vegetation to be used on/in the basin. There are 3 charts of
vegetation provided as well as.a note indicating several species to be planted on the
slopes on the pond.
15. The proposed restrictive covenants do not contain all correct language. Make sure all
attached high-density language is included in the proposed restrictive covenants. The
maximum BUA/lot must be specified-in the proposed restrictive covenants. Also, the
last sentence in Article IX, sectign 1 is not correct — lots can borrow BUA from other lots,
but this must be approved 6,0WQ. The last part of Section 1 (c) is not entirely correct.
Lot line, curb outlet swales are a component of a low-density curb and gutter plan. This
project is high-density and no such permit requirement exists.
Additional fees, not to exceed 50% of the original permit application fee, may be
charged for subsequent reviews due to the insufficiency of a permit application, as
specified by Section 11 AA of S.L. 2003-284. All of the above items must be completed
by the return date specified below to avoid a resubmittal fee.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to April 26, 2006, 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 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,
Yz�- �` -�-
Robert D. Gordon
Environmental Engineer II
ENB/RDG: S:\WQS\STORMWATER\ADDINFO\2006\060404.apr06
cc: Jeff Malpass, PE, Malpass Engineering
Robert D. Gordon

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. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8060404, 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.
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.

, m P. 1
* * * COMMUNICATION RESULT REPORT ( APR. 12.2006 10:50AM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
----------------------------------------------------------------------------------------------------
018 MEMORY TX 93925203 OK P. 4/4
----------------------------------------------------------------------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
FAX COVER SHEET
1
Date: April 10, 2006 No. of Pages:
To: Jeff Malpass, PE From:Robert Gordon `
Express permitting section
Company: Malpass Engineering FAX #[phone]
FAX#: [phone] Phone #[phone]
DWQ Stormwater Project Number: SW8 060404
Project Name: The Cottages at Brick Landing
MESSAGE:
Attached is the request for additional information for Brick Landing. The original
will be mailed to the applicant and a copy will also be mailed to you. Below are
some clarifications from the additional info letter—the#'s correspond to the #'s on
the attached letter. Please call if you have any questions. Thanks!
2). There are permeability specs in the draft BMP manual that are pretty good
(under the wet detention section).
3). 1 need to verify that it is clear that the storage basin gets the clay liner and
the infiltration basin does not (I have seen contractors do some crazy things!)
8), You will have to add that data to the supplement somewhere —there are no
spaces for both the storage and the infiltration basins on the supplement (this is a

I
FAX COVER SHEET
Date: April 10, 2006 No. of Pages: -3-"
To: Jeff Malpass, PE From: Robert Gordon
Express permitting section
Company: Malpass Engineering FAX # [phone]
FAX #: [phone] Phone # [phone]
DWQ Stormwater Project Number: SW8 060404
Project Name: The Cottages at Brick Landing
MESSAGE:
Attached is the request for additional information for Brick Landing. The original
will be mailed to the applicant and a copy will also be mailed to you. Below are
some clarifications from the additional info letter-the #'s correspond to the #'s on
the attached letter. Please call if you have any questions. Thanks!
2). There are permeability specs in the draft BMP manual that are pretty good
(under the wet detention section).
3). 1 need to verify that it is clear that the storage basin gets the clay liner and
the infiltration basin does not (I have seen contractors do some crazy things!)
8). You will have to add that data to the supplement somewhere - there are no
spaces for both the storage and the infiltration basins on the supplement (this is a
hybrid system).
14). Make sure the plants specified can withstand some inundation. Clump
grasses without runners are not suggested on slopes (that's why weeping
Iovegrass is no longer used). I would suggest wetland plants in the bottom. That
area (15' down) is likely to stay pretty wet, even with the pump and drain tile.
Additional Fee note). This request for additional info has quite a few items. Very
close to what we would normally charge an additional fee for (not necessarily an
indication of the quality of the plan, but rather the permitting complexity of the site.
and time required for re-review). Please make sure all items are adequately
addressed - call if you have questions. One thing that helps me is to resubmit a
cover letter that briefly describes how (& where) you addressed each item on the
add-info letter. This helps avoid confusion on if/how you addressed each item.
=> The drawing is a little crowded. If you have any way to turn off the
water/sewer stuff, I would greatly appreciate it.

STORM WATER CALCS. & SPECS.
THE COTTAGES AT BRICK LANDING PLANTATION
FOR: D
DAVY GROUP CONSTRUCTION INC. R CIF;-1`�7F
P.O. Box 1571 qPP 5 t006
WRIGHTSVILLE BEACH,N.C. 28480 _
PH 910-452-1919 '13"
FAX [phone]
���{0949lIfA{A/�
mow`
qr p`
APRIL 4, 2006
PREPARED BY:
MALPASS ENGINEERING, P.C.
11J4 SHIPYARD BLVD.
WILMINGTON, N.C. 28412
[phone] PHONE
[phone] FAX

Narrative
Description:
The site is located on the corner of NC 179 and SR 1143. The entrance to the site will be
of off Landing Blvd. which is approx. 240 ft to the west of and parallels SR 1143.
Total project acreage is approx. 20.74 acres.
Total disturbed acreage is approx. 22.58 acres.
Soils to be disturbed are mainly PaA, Mu, Lo, & Po.
The runoff from the site was estimated using the rational Method, 10 year design storm
and rainfall data for the area.
The purpose of this project is to create a residential subdivision.
The Cottages at Brick Landing Plantation is a high-density project. Stormwater from the
site will be captured in a retention pond and pumped into an infiltration basin. Only the
first 1 .5" will be captured and pumped into the infiltration basin. The remaining runoff
will be bypassed.
Construction Sequence:
The gravel construction entrance and silt fence will be installed immediately. The
pond. which will serve as a large sediment basin, will be installed. The site to the east of
Landing Blvd. will be graded so as to drain to the pond. The site to the west of Landing
Blvd. will sheet flow to the silt fence. Storm drain and utilities will be installed. Outlet
and inlet protection will be installed as shown on plan. Upon completion of any phase of
activity disturbed areas will be seeded within 21 days of no construction.

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THE CLARK GROUP
F veb-F.trvsroimlermil Seiatce.:
i 1),Ts11T jenicc
VIA HAND DELIVERY
February 2, 2006
Mr. Jeffrey Boyd Malpass, P.E.
H34 Shipyard Boulevard
Wilmington, NC 28403
CIE �TF
Re: Infiltrometer Test D
Tract"C", Brick Landing Plantation APR 5 2006
Shallotte, North Carolina
Clark ProjcctNo. 05729 BY._�_
Dear Mr. Malpass:
Purpose/Location
Please accept this letter as a summary of the site meeting at the above referenced property, which
took place on Januan 25. 2006. In addition, please find attached the calculations of incremental
infiltration velocity, based on'a double ring Infiltrometer test which was performed on January 26,
2006. For reference, Figure 1 is a vicinity map showing the site location.
Site Meetine
As you are aware, the purpose of the January 25, 2006 site meeting was to allow the NCDENR
Soil Scientist, Mr. Vincent Lewis, to investigate the site and establish an official State opinion of
the seasonal high water table at various locations within the area of interest. During the course of
the investigation. Mr. Lewis examined soils in five locations. Figure 2 is a site map showing the
test boring locations, as well as the previously installed monitoring wells and other pertinent site
features.
The following is a summary of Mr. Lewis's findings at each of the test points:
LOCATION DEPTHTOSEASONAL SUITABLT/UNSUITABLE
HIGH WATER TABLE FOR INTENDED USE
Test Point 1 30 inches bgs Suitable
Test Point 2 30 inches bgs Suitable
Test Point 3 <I foot bgs Unsuitable
Test Point 4 40 inches bgs Suitable
Test Point 5 < I foot bgs Unsuitable
Note: bgs means "below ground surface"
Corporate:5000 Blue Clay Road Castle Hayne, NC 28429 •Post Office Box 10136 Wilmington, NC 28404
[phone] Office•[phone] Facsimile
Fayetteville: 155 Builders Boulevard Fayetteville,NC 28302• Post Office Box 607 Fayetteville, NC 28302
[phone] Office•[phone] Facsimile
Whiteville: 711 North Madison Street, Whiteville, NC 28472•[phone] Office•[phone] Facsimile
wwcv.cla rk6rou p.us

Mr. Jeffrey Malpass
February 2, 2006
Page 2
Following the site meeting, static groundwater level measurements were collected from the
monitoring wells. The attached Table 1 is a summary of recent and historical groundwater
measurements from the monitoring wells.
Infiltration Test
On January 26, 2006, a double ring infiltrometer test was performed in the vicinity of Test Point
1. The data collected from this test were used to calculate the incremental infiltration velocity at
that location. Based on the calculations, the infiltration rate was determined to be 7.96 inches per
hour(inner ring). The calculations are included as Attachment I.
Limitations
Information obtained and presented as part of this investigation is based on available data in an
effort to understand and/or correct an existing or potential problem. The validity of any resulting
conclusions is limited by methodological constraints and by the lack of a statistically significant
number of data points. There is no warranty, expressed or implied, that additional or new
information and/or additional measures will not be required to ultimately solve dic problem.
Additionally, The Clark Group assumes no responsibility for the validity of subjective or
interpolated interpretations, whether or not implied or indicated, although an attempt is made to
qualify such.
If you have any questions or require further information, please do not hesitate to contact this
office at [phone]. °tttti
CARp�"1°°i°i
Sincerely,
/ S
SEAL
1 z9 e
Z(UZ 0b
W. Michael Tate, P.G. '.lam G+FpLOG�g•�rt�a`e�
Project Manager °
Enclosures °,`''°;��CH'AE��P,:
Cc:
Mr. Shane Keenan, Project Manager, The Davy Group w/enclosures
Mr. R. Paul Clark, P.G., President, The Clark Group w/o enclosures
057?9/hyrtrolo�/ittfillron�eler.lh/fil eOpts)

i
TABLE
THE CLARK GROUP

TABLE 1
SUMMARY OF WATER LEVEL AND MONITORING WELL CONSTRUCTION DATA
BRICK LANDING, SHALLOTTE, NC
CLARK PROJECT NO. 05729
STICKUP TOP:OF WATER
DATE WATER WELL SCREENED BOTTOM A80VE CASING FROM TOP DEPTH TO
DATE LEVEL CASING WTERVAL` OF WELL GROUND ELEVATION OF CASING' :WATER (ft GROUNDWATER
WELL ID INSTALLED ;MEASURED DEPTH (ft) ft BGS) (ft BGS) LEVEL`(ft) (ft) (ft)" bgs) ELEVATION (ft)'.
PW1 12/20/2005 12/21/2005 0 to 3 3 to 10 10 1.60 28.52 3.90 2.30 24.62
PW1 12/20/2005 12/22/2005 0 to 3 3 to 10 10 1.60 28.52 4.00 2.40 24.52
PW1 12/20/2005 1/25/2006 0 to 3 3 to 10 10 1.60 28.52 4.53 2.93 23.99
PW2 12/20/2005 12/21/2005 0 to 3 3 to 10 10 1.50 27.62 2.26 0.76 25.36
PW2 12/20/2005 12/22/2005 0 to 3 3 to 10 10 1.50 27.62 2.29 0.79 25.33
PW2 12/20/2005 1/25/2006 0 to 3 3 to 10 10 1.50 27.62 2.90 1.40 24.72
PW3 1 12/20/2005 12/21/2005 0 to 3 3 to 10 10 1.50 28.90 4.11 2.61 24.79
r PW3 12/20/2005 12/22/2005 0 to 3 1 3 to 10 10 1.50 28.90 4.16 2.66 24.74
x PW3 12/20/2005 1/25/2006 0 to 3 1 3 to 10 10 1.50 28.90 4.55 3.05 PW4 12/20/2005 12/21/2005 0 to 4 4 to 10 10 0.95 28.41 290 .35
. 1.95 224.51
o PW4 12/20/2005 12/22/2005 0 to 4 4 to 10 10 0.95 28.41 3.63 2.68 24.78
7 PW4 12/20/2005 1 1/25/2006 0 to 4 4 to 10 10 0.95 28.41 3.30 2.35 25.11
NOTE:
1. ft bgs represents feet below ground surface

i
FIGURES
THE CLARK GROUP

BRICK LANDING PROPERTY
SHALLOTTE, NC NORTH
PROJECT NO. 05729
SCALE: 1"=2000'
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VICINITY MAP
THE C LARK
MAP OBTAINED FROM FIGURE 1
MAPQUEST.COM INC. WEBSITE DRAWNBY: DATE:
GROUP F.A 01/05/06
7

ATTACHMENT
CALCULATIONS
I
I
THE CLAM,GROUP

r k l'na Nwlrom Jw_;L COMPUTED BY: 'AIM DATE: 1121,106
PROJECT: ��----� v ,
SHEET—L—OF 2 CHECKED BY: DATE: t7
DESCRIPTION:
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CLARK ENVIRONMENTAL.SERVICES. INC.

c`5+ COMPUTED BY: M DATE: 1 )6 oG
PROJECT: Fir'Lfc c l " �—
SHEET OF I CHECKED BY: iP DATE:
DESCRIPTION: Tncf2 ° {"i f + y loc D�seC on d ble-r% L, l✓r.veLr d as
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- ,C.V412006 21: 31 19103430214 MALPASS ENGINEERING PAGE 01
FAGE
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Thanks.

04/04/2006 21:31 19103430214 MALPASS ENGINEERING PAGE 02
03/29/2006 12:38 91e6023975 THECLARKGROU PAGE 02/02
19 THE CLARK GROUP
GOO-Environmental Services
Land/lfydropphic Surveys
VIA FACISIMILE
March 29, 2006
Nornccrest Investment Company
Aun: Mr. Steve McCurry
Pont.Uttice Box 3U6
iarolina Beach,NC 28428
Re: ClarkPrujcctNo: 05729
Dear Mr. McCuury:
This correspondence is in regard to the two tracts of land located, at Brick Landing Plantation, Shallotte
Township, County of Brunswick, State of North Carolina.
The site contains two isolated wetland pockets both of which arc approximately .04 acres in size. Isolated
wetlands such as these are not currently subject to regulation by the US Army Corps of Engineers under
Section404 of The Clc-.fin Water Act- The North Carolina Division of Water Quality regulates isolated
wetlands however,they generally do not assert jurisdiction over isolated wetlands less than 1/3 acre in size.
According to the current stated policies of these regulatory agencies,the areas in,question are not
jmsdictional. There are no wetlands present on the remainder of the two tracts.
Should you find that you have any further questiuns regarding this matter,please do not hesitate to contact
me or Anna Edwards at(910)-602-3900.
Sincerely.
Byron Bateman
Senior Wetland Biologist
Corporate Office:5000 Blue Clay Rd. Castle Hayne, NC 28429• P.O. Box 10136 Wilmington,NC 28404
[phone] Office •[phone] Facsimile • wra+w.clarkgroup.wi

03/15/2006 01: 28 19103430214 MALPASS ENGINEERING PAGE 03
ND N
North Carolina Department of Environment end Natural Resources -
�V( 127 Cardinal Drive,Wilmington NC 28405 [phone] FAX[phone]
Request for Express Permit Review
3�- JT�„ 91 i g
FILL-IN all information below and CHECK required Permit(s).
FAX or email to Cameron [e-mail] 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 a Ce°tfi+lch°„ -
Company ac Count
y
Address C BK1571 Cit IStateW
Z t'J'
Phone 9/6 - Yz L rgt7 Fax 9/a - qr2 - fYsy Email
PROJECT Name The Cotta9U :111• Bncklq
PP,O EC T SYSTEM(S)TRIBUTARY TO S44C�P9n (ta (STREAM NAME)PRO !
RIVER BASIN
ENGNEERICONSULTANI
Company CitylState L Zip244 County .
Address 113`f I Fax �10_34t-5203 Ernail�� I - ® 'xec �r Cee1
Phone�2-3� 3 - — ---
State or National Environmental Policy Act (SEPA; NEPA)-EA or EIS Required ❑ Yes -No — — --- --
❑ STREAM ORIGIN Determination; _# of stream calls; Stream Name
-------------•-----...•----------...____.....__...._.--•--------•-------------------------------------- High Density-Other
Other
STORMWATER ❑ Low Density ❑ High Density-Detention Pond ❑ g ty
Hi h Densir Infltration ❑ Off Site
Wetlan s MUST.be addressed below ❑ Low Density-Curb & Gutter � 9 �' ------------ _ -_--_____
-- ------------------------ — —--------- - - - - - -- - Structures Information
F_ Excavation & Fill ❑ Bridges & Culverts ❑
COASTAL ❑ Urban Waterfront
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑
I - - - -- Erosion and Sedimentation Control Plan with 2-51 _
_AND QUALITY P Z acres to be disturbed.
- - -- -------•----------- - ----------------------- - — - --- -- - ---- --_ pgrt-_ l
Yes No Isolated Wetlands on Properly[] yes No
WETLANDS (401) Wetlands on Property❑ Wetland impacts: Acre(s)
Check all that a I Wetlands Will Be Impacted[] Yes❑ No p
Wetlands Delineation has been completed ❑ Yes ❑ No ❑ Buffers Impacted: Acre(s)
USA COE Approval of Delineation completed❑ Yes❑ No
404 Application in process wIUSACOE ❑Yee ❑No I Permit rPreived from USACE❑Yes ❑No
401 Application required ❑Yes❑ No If Yes, ❑ Regular❑ Express
subsequent to.exceed
to the inFufficiencyginal of the peress*Review rmit applications.it application fee, may be charge or
For pEPJR use only ,
SUBMITTAL DATES: Fee Split for multiple permits:
LQS - ---- $�` Total Fee Amount $ �—

03/15/2006 01: 28 19103430214 MALPASS ENGINEERING PAGE 02
3-15-06
To: Cameron Weaver
From: Justin Bishop, F.I.
Malpass Engineering.P.C.
Re: The Cottages at Bricklanding
The site is located on the corner of NC 179 and SR 1143. The entrance to the site will be
off of Landing Blvd. which is to the west of and parallels SR. 1141. The site area to be
disturbed is approx. 22.51 acres. The project is a high density residential subdivision.
The stormwater to meet the state's requirements will be treated in an infiltration basin.

03/15/2006 01: 28 19103430214 MALPASS ENGINEERING PAGE 04
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"oerwnny SOSID: 0638197
A.a Date Filed: 3/9/2006 1:56 PM
BUSINESS CORPORATION Elaine F. Marshall
ANNUAL REPORT North Carolina Secretary of State
NAME OF BUSINESS CORPORATION: Davy Group Construction,Ine.
FISCAL YEAR ENDING: 1213112006 STATE OF INCORPORATION: NC
SECRETARY OF STATE CORPORATE ID NUMBER: 0638197 FEDERAL EMPLOYER ID NUMBER: 542066457
NATURE"OF BUSINESS: Construction
REGISTERED AGENT: Davy,Kirk P.
REGISTERED OFFICE MAILING ADDRESS: 119 Durands Landing
fVihnington,NC 28412
REGISTERED OFFICE STREET ADDRESS: 119 Durands Landing
Wilmington, NC 28412 County:New Hanover
PRINCIPAL OFFICE TELEPHONE NUNIBER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS: 119 Durands Landing
Wilmington, NC 28412
PRINCIPAL OFFICE STREET ADDRESS: 119 Durands Landing
Wilmington,NC 28412
PRINCIPAL OFFICERS:
Kirk P. Davv
Title:President ,
119 Durands Landing
Wilmington,NC 28412
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL BUSINSSS CORPORATIONS
kirk p.dzvy 3/9/2006
FORM MUST BE SIGNED BY AN OFFICER OF THE CORPORATION DATE
kirk p.davy President
TYPE OR PRINT NAME 'TYPE OR PRINT TITLE
ANNUAL REPORT PEE:E-Paid Secretary of State•Corporations Division•Post Office Box 29525•Raleigh,NC 27626-0525
IIIIIIIIII III IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII

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RECEIVED
APR 1 1 2006
BY:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE COTTAGES AT BRICK LANDING PLANTATION, SECTION ONE
THIS DECLARATION, made the_day of 2006, by BLP LAND
COMPANY;LLC, a North Carolina limited liability company,hereinafter referred to as"Declarant
or Developer", for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property in Brunswick County, North
Carolina. known as The Cottages at Brick Landing Plantation, Section One which is shown on a
plat recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, in Map
Book Page _ (the "Recorded Map") to which reference is made for a more particular
description (the"Property"); and
NOW, THEREFORE, Declarant hereby declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act (the "PCA") in
Chapter 47F of the North Carolina General Statutes and also subject to the following easements,
restrictions, covenants, and conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the land and be binding on and shall inure to the benefit of
all parties having any right,title or interest in the Property or any part thereof, their heirs,successors
and assigns.
ARTICLE I
DEFINITIONS
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above described
Property, and annexed to and made a part of the Development (as hereinafter defined) pursuant to
the provisions of this Declaration, including, but not limited to, that property described on Exhibit
A which is incorporated herein.
SECTION 2. Association shall mean and refer to the Cottages at Brick Landing
Plantation Homeowners' Association, Inc., a North Carolina non-profit corporation, its successors
and assigns, the owners' association organized for the purposes set forth herein.
SECTION 3. Assessments shalt mean the Annual, Special, Insurance, Ad Valorem Tax
and Working Capital Assessments provided for in this Declaration.
SECTION 4. Common Area(s) shall mean and refer to all lands and easements within
or appurtenant to the Development intended for the common use and enjoyment of the Owners(i.e.,
as distinguished from "Common Area" designated under the Master Declaration of Covenants,
Conditions and Restrictions for Brick Landing Plantation,Brunswick County,recorded in Book 587,
Page 611, of the Brunswick County Registry on November 13, 1984 (the"Master Declaration")for
the common use and enjoyment of all owners within the larger Brick Landing Plantation
development),including,without limitation,any private roads,areas designated as"common"areas

on the Recorded Map and storm water retention ponds within the Development.
SECTION 5. Common Expenses shall mean expenditures made by or financial
liabilities of the Association, together with any allocations to reserves.
SECTION 6. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine, feminine, and neuter as required by the
context) and shall mean and refer to BLP LAND COMPANY, LLC, its successors and assigns,if
such successors or assigns should acquire undeveloped property from the Declarant for the purpose
ofdevelopment and shall also mean and refer to Cottages Building Company,LLC,a North Carolina
limited liability company, its successors and assigns, if said successors and assigns should acquire
undeveloped property from the Declarant for the purpose of development.
SECTION 7. Declaration shall mean this instrument as it may be from time to time be
amended or supplemented.
SECTION 8. Development shall mean the Property plus any Additional Property.
SECTION 9. House or Home shall mean the dwelling located on a Lot.
SECTION 10. Improvements shall mean any change or addition to a Lot by or on behalf
of an Owner other than the Declarant.
SECTION 11. LqtW shall mean and refer to any numbered lot within the Development,
together with the dwelling and other improvements situated thereon.
SECTION 12. Master Association shall mean and refer to Brick Landing Plantation
Master Community Association, Inc., a North Carolina nonprofit corporation, its successors or
assigns.
SECTION 13. Master Declarant shall also mean and refer to Brick Landing Plantation
Master Community Association, Inc, or any successor or assign to such party's rights under the
Master Declaration pursuant to the terms thereof.
SECTION 14. Master Declaration shall mean and refer to that certain Master
Declaration of Covenants, Conditions and Restrictions for Brick Landing Plantation, Brunswick
County, recorded in Book 587 at Page 611, in the Brunswick County Registry (as same may be
amended from time to time).
SECTION 15. Member(s) shall mean and refer to every person or entity who has a
Membership in the Association.
SECTION 16. Membership shall mean and refer to the rights,privileges,benefits,duties
and obligations, which shall inure to the benefit of and burden each Member of the Association.
Although the Declarant shall be a member of the Association so long as Declarant owns any
property shown on the Recorded Map or described on Exhibit A, the Declarant shall not be required
to pay Assessments as long as it retains control of the Association as described in Article V, Section
3, below.
SECTION 17. Owner shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding those
having such interest merely as security for the performance of an obligation.
SECTION 18. Proper shall mean the Property as defined in the preamble to this
Declaration.
2

ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoyment in the Common
Area. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to
the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject
to the following provisions:
(a) The Association may make and amend reasonable rules and regulations governing
use of the Common Areas by the Owners;
(b) The Association may suspend the voting rights and privileges of an Owner for any
period during which any Assessments against the Owner's lot remain unpaid and for a period during
which the infraction is pending and not to exceed 60 days following the cessation of the infraction
for an infraction of the published rules and regulations of the Association;
(c) The Association may mortgage or convey the Common Areas,or dedicate or transfer
all or part of the Common Areas, to any public agency, authority or utility for such purposes and
subject to such conditions as may be agreed to by at least two-thirds of the Members, excluding the
Developer; provided, however, the Association may without the consent of the Owners grant
easements over the Common Area for drainage systems and public and private utilities servicing the
Development and provided, further, that any conveyance or encumbrance of Common Area shall
be subject to any rights of ingress and egress to any Lot over private streets.
(d) The Association, acting through the Board of Directors, shall have the right to grant
easements,rights of way, licenses and similar interests over any part of the Common Areas for any
lawful purpose which it detennines, in its own discretion, to be consistent with the interests of the
Association.
(e) The Association may levy fines in accordance with the North Carolina Planned
Community Act (Chapter 47F of the North Carolina General Statutes),
SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their successors and assigns:
(a) Easements as necessary in the lands constituting the Common Areas and that portion
of each Lot not occupied by a structure for the installation and maintenance of utilities and drainage
facilities: including the right of Declarant and the Association to go upon the ground with men and
equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables,
conduits, sewers, water mains and other suitable equipment for the conveyance and use of
electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in
or over each Lot and such other areas as are shown on the plat of the Property or any Additional
Property recorded or to be recorded in the office of the Register of Deeds of Brunswick County; the
right to cut drain ways, swales and ditches for surface water whenever such action may appear to
the Developer or the Association to be necessary in order to maintain reasonable standards of health,
safety and appearance; the right to cut any trees,bushes or shrubbery; the right to make any grading
of the soil, or to take any other similar action reasonably necessary to provide economical and safe
utility installation and to maintain reasonable standards of health, safety and appearance; and the
right to locate wells,pumping stations, and tanks within residential areas, or upon any Lot with the
permission of the owner of such Lot. No structures or plantings or other material shall be placed or
permitted to remain upon such easement areas or other activities undertaken thereon which may
damage or interfere with the installation or maintenance of utilities or other services, or which may
retard,obstruct or reverse the flow of water or which may damage or interfere with established slope
ratios or create erosion problems;
(b) Easements over all private streets and access alley easements, and Common Areas
within the Development as necessary to provide access, ingress and egress, to any Additional
Property.
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(c) Some Lots may be subjected to a non-disturbance easements or similar easements
for conservation or wetlands buffering purposes. Further,some Lots maybe subjected to landscape
easements for the purpose of maintaining specified plantings, levels of maintenance, signs, walls,
fences, and other decorative structures. The operation of such easements shall be governed by
provisions in this Declaration, other recorded instruments and by policies duly enacted by the
Association and pursuant to its authority set forth in this Declaration.
SECTION 3. Other Easements. The following easements are granted by Declarant to
others:
(a) An easement is hereby granted to all police,fire protection,ambulance and all similar
persons,companies or agencies performing emergency services,to enter upon all Lots and Common
Area in the performance of their duties;
(b) In case of any emergency originating in or threatening any Lot or Common Areas,
regardless of whether any Lot Owner is present at the time of such emergency, the Association or
any other person authorized by it shall have the right to enter any Lot for the purpose of remedying
or abating the causes of such emergency and making any other necessary repairs not performed by
the Lot Owners, and such right of entry shall be immediate;
(c) The Association is granted an easement over each Lot for the purposes of providing
Lot maintenance.
SECTION 4.Nature of Easements.All easements and rights described herein are perpetual
easements appurtenant,running with the land, and shall inure to the benefit of and be binding on the
Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee
and other person having an interest in the Property or any Additional Property,or any part or portion
thereof,regardless of whether or not reference is made in the respective deeds of conveyance, or in
any mortgage or trust deed or other evidence of obligation, to the easements and rights described
in this Declaration.
SECTION 5. Prohibition Of Permanent Structures Within Easements. No permanent
structure may be built within the easements described in this Article or those easements shown on
the Recorded Map. Owners may plant trees, shrubs, flowers and grass in those easements. Owners
shall be responsible for the cost of removal, repair and/or replacement of any non-permanent
structures which the Association deems necessary to remove to allow for maintenance, servicing,
repair or replacement within those easements. Owner shall also be responsible for the cost of the
removal of any permanent structure constructed within those easements. Any costs incurred by the
Association for removal, repair and/or replacement of structures or vegetation in the easement areas
shall be assessed to the Owner of the related lot.
ARTICLE III
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the following
rights, powers and privileges which shall be in addition to any other rights. powers and
privileges reserved to the Declarant herein:
SECTION 1. For the duration of the Declarant's rights and obligations, Declarant shall
have the right to conduct development, construction, marketing and customer service operations
within The Cottages at Brick Landing Plantation ("The Cottages") in a customary and
reasonable fashion. This includes the right to maintain construction and sales offices and model
homes on lots which Declarant owns and to park vehicles thereon, the right of access over the
streets and rights of way within The Cottages by construction and supply vehicles and the right.,
to store materials and equipment related to such land development and construction on property;
owned by Declarant, and the right to make and reproduce photographs of the common area and
of private homes in marketing, advertising, and public relations efforts. However, it shall be
incumbent upon those exercising these reserve rights to conduct their activities in ways
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respectful of the comfort and safety of the occupants of lots in The Cottages.
SECTION 2. The Architectural Control Committee. All duties and responsibilities
conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the
Association shall be exercised and performed by the Declarant or its designee, so long as
Declarant shall own any Lot within the Property or any Additional Property.
SECTION 3. Plan of Development. The right to change, alter or redesignate the
allocated planned, platted, or recorded use or designation of any of the lands constituting the
Development including, but not limited to, the right to change, alter or redesignate road, utility
and drainage facilities and easements and to change, alter or redesignate such other present and
proposed amenities or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and
assigns, the right to re-plat any one (1) or more Lots shown on the plat of any subdivision of the
Property or Additional Property in order to create one or more modified Lots; to further
subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one or
more tracts or Lots or a tract and Lots to create a larger tract: to eliminate from this Declaration
Lots that are not otherwise buildable or are needed for access or are needed for use as public or
private roads or access areas, whether serving the Development or other property or are needed
for Common Areas, Designated Common Areas, or amenities, and to take such steps as are
reasonably necessary to make such re-platted Lots or tracts suitable and fit as a building site,
access area, roadway or Common Area.
SECTION 4. Amendment of Declaration by Declarant or Board without
Membership Approval. Subject to the prior written approval of Master Declarant, this
Declaration may be amended or supplemented without member approval by the Declarant, or the
Board of the Association, as the case may be, as follows:
(a) in any respect, prior to the sale of the first Lot;
(b) to the extent this Declaration applies to Additional Property;
(c) to correct any obvious error or inconsistency in drafting, typing or reproduction;
(d) to qualify the Association or the Property and Additional Property, or any portion
thereof, for tax-exempt status;
(e) to include any platting change as permitted herein;
(f) to conform this Declaration to the requirements of any law or governmental
agency having legal jurisdiction over the Property or any Additional Property or to qualify the
Property or any Additional Property or any Lots and improvements thereon for mortgage or
improvement loans made, insured or guaranteed by a governmental agency or to comply with the
requirements of law or regulations of any corporation or agency belonging to, sponsored by, or
under the substantial control of the United States Government or the State of North Carolina,
regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well
as any other law or regulation relating to the control of property, including, without limitation,
ecological controls, construction standards, aesthetics, and matters affecting the public health,
safety and general welfare. A letter from an official of any such corporation or agency,
including, without limitation, the Veterans Administration, U. S. Department of Housing and
Urban Development, the Federal Home Loan Mortgage Corporation, Government National
Mortgage Corporation, or the Federal National Mortgage Association, requesting or suggesting
an amendment necessary to comply with the requirements of such corporation or agency shall be
sufficient evidence of the approval of such corporation or agency, provided that the changes
made substantially conform to such request or suggestion. Notwithstanding anything else herein
to the contrary, only the Declarant, during the Developer Control Period, shall be entitled to
amend this Declaration pursuant to this Section.
SECTION 5. Annexation of Additional Property. Declarant may annex to and make a
part of the Development any other real property which Declarant now owns or which Declarant
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may hereafter acquire (the Additional Property). Annexation of Additional Property to the
Development shall require the assent of two-thirds of the Class A Members who are voting in
person or by proxy at a meeting called for this purpose; provided, however, Additional Property
may be annexed to the Development without the assent of the Members so long as the Additional
Property is developed as a single family residential subdivision. Nothing herein shall require the
Declarant to develop any other lands now owned or hereafter acquired by the Declarant in
accordance with the same general scheme as the Development.
SECTION 6. Alleys and Parking. Notwithstanding that such may not be shown on any
recorded plats for the Development, the Declarant may establish on and over any Common Area
such service alleyways and parking areas as Declarant in its sole discretion deems necessary or
appropriate.
ARTICLE IV
ARCHITECTURAL STANDARDS
SECTION 1. Approval Required.
No improvements shall be made, placed, constructed or installed on any Lot and no
exterior modifications to existing Improvements shall be undertaken without prior approval of
The Cottages Architectural Control Committee in accordance with this Article except that the
Declarant activities shall be exempt from this requirement so long as it is engaged in
development or construction in The Cottages. In addition, all improvements or exterior
modifications to existing improvements must comply with the architectural review requirements
of the Master Declaration. In other words, there will be a two-step process in order to obtain
approval for improvements or exterior modifications to existing improvements.
SECTION 2. Architectural Control Committee.
(a) Composition. The Architectural Control Committee shall be comprised of three to
five persons who shall be appointed, and may be removed and replaced, in the discretion of the
Declarant, so long as the Declarant owns any unimproved Lots, and thereafter in the discretion
of the Association. The members of the Architectural Control Committee may, but need not be,
Owners, and may include architects, engineers or similar professionals who may receive such
compensation for their service as the Association may determine appropriate.
(b) Fees. The Architectural Control Committee may establish and charge reasonable fees
to defray costs of administering applications for approval under this Article.
(c) Powers and Duties. The Cottages Architectural Control Committee shall receive and
act on all applications of Owners seeking approval of proposed Improvements or proposed
changes to existing improvements to Lots in The Cottages. The Architectural Control
Committee shall establish and make available to all Owners guidelines and procedures for
applications and required submissions. The Owner of a vacant lot shall make application for the
construction of a residential structure on said lot within sixty (60) days after taking title to said
lot unless that time limitation is waived in writing by the Declarant or the Association.
The Architectural Control Committee may, by resolution, exempt certain activities from
the application and approval requirements of this Article, provided such activities are undertaken
in strict compliance with the requirements of such resolution.
SECTION 3. Scope of Review. The Architectural Control Committee may consider
any factors it deems relevant, including harmony of external Architectural Control with
surrounding structures and environment and consistency with the visual themes established for
The Cottages. Its decisions may be based on purely aesthetic considerations. Each Owner, by
accepting a deed to a Lot in The Cottages, acknowledges that determinations as to such matters
are subjective and opinions may vary as to the desirability or attractiveness of particular
improvements.
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The architectural standards and procedures established pursuant to this Article are
intended as a mechanism for maintaining and enhancing the overall aesthetics of The Cottages
and shall not create any duty to any person. The Committee shall not bear any responsibility for
ensuring the structural integrity or soundness of approved construction or modifications, nor for
ensuring compliance with building codes and other governmental requirements, nor for ensuring
that all dwellings are of comparable quality, value or size or of similar Architectural Control.
Neither the Declarant, the Association, nor the Architectural Control Committee shall be
held liable for soil conditions, drainage or other general site work; any defects in plans revised or
approved hereunder, or any injury, damages, or loss arising out of the manner or quality of
approved construction or modifications. In all such matters, the Association shall defend and
indemnify The Cottages Architectural Control Committee and its members.
SECTION 4. Schedule for Review. The Architectural Control Committee shall notify
the applicant of its determination on an application within sixty (60) days after receipt of the
completed application and all required information. The Committee may (I) approve the
application, with or without conditions; (ii) approve a portion of the application and disapprove
other portions; or(iii) disapprove the application. In the case of disapproval, the Committee may,
but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for
curing any objections. Notice shall be deemed to have been given at the time the envelope
containing the response is deposited with the U.S. Postal Service. Personal delivery of such
written notice shall, however, be sufficient and shall be deemed to have been given at the time of
delivery to the applicant.
In the event that the Committee fails to respond in a timely manner, approval shall be
deemed to have been denied.
After termination of the Declarant's right to appoint the Committee, any denial of an
application by the Committee may be appealed to the Board of Appeals in accordance with such
procedures as the Board of Appeals may establish.
SECTION 5. Commencement and Completion of Construction. If construction has
not commenced on a project for which an application has been approved within six months after
the date of approval, such approval shall be deemed withdrawn. Once construction is
commenced, it shall be diligently pursued to completion. Unless otherwise agreed in writing by
the Architectural Control Committee, all elements of proposed Improvements for which plans
are approved hereunder shall be completed within one year after the date of approval, or such
shorter period as may be specified in any agreement for the purchase of the Lot from the
Declarant.
ARTICLE V
HOMEOWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots and to own, operate and maintain
the Common Areas in accordance with this Declaration, the Association's Articles of
Incorporation and By-Laws.
SECTION 2. Membershin. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A Members shall be all Owners, with the exception of the Declarant, and shall be
entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot,
all such persons shall be Members. The vote for such Lot shall be exercised as they determine
but in no event shall more than one vote be cast with respect to any Lot. Fractional voting with
respect to any Lot is hereby prohibited.
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Class B. The Declarant shall be a Class B Member and shall be entitled to four (4) votes
for each Lot owned. The Class B Membership shall cease and be converted to Class A
Membership on the happening of any of the following events, whichever occurs earlier:
(a) on December 31, 2025; or
(b) upon the voluntary surrender of all Class B Memberships by the holder thereof;
The period during which there is Class B Membership is sometimes referred to herein as
the Declarant Control Period. During this period, the Declarant shall be entitled to exercise all
of the Special Declarant Rights set out in Section 47F-1-103(28) of the PCA including the right:
to appoint or remove any officer or executive board member of the Association.
SECTION 4. Government Permits. All duties, obligations, rights and privileges of the
Declarant under any water, sewer, stormwater and utility agreements, easements and permits for
the Development with municipal or governmental agencies or public or private utility companies
are at all times the responsibility of the Association.
ARTICLE VI
INSURANCE AND BONDS
SECTION 1. Insurance . The Board of Directors on behalf of the Association, as a
common expense, may at all times keep the Common Areas and other property of the
Association, if any, insured against loss or damage by fire or other hazards and other such risks,
including, but not limited to directors' liability and public liability insurance, upon such terms
and for such amounts as may be reasonably necessary from time to time to protect such property,
which insurance shall be payable in case of loss to the Association for all Members. The
Association shall have the sole authority to deal with the insurer in the settlement of claims.
Such insurance shall be obtained without prejudice to the right of each Member to insure his
personal property for his own benefit at his own expense. In no event shall the insurance
coverage obtained by the Association be brought into contribution with insurance purchased by.
Members or their mortgagees.
SECTION 2. Fidelity Bond. The Association may maintain blanket fidelity bonds for all
officers, directors, employees and all other persons handling or responsible for funds of the
Association (provided, however, that if the Association shall delegate some or all of the
responsibility for the handling of its funds to a management agent, such fidelity bonds shall be
maintained by such management agent for its officers, employees and agents handling or
responsible for funds of or administered on behalf of the Association).
ARTICLE VII
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each
Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so
expressed in such deed, covenants and agrees to pay to the Association the following
assessments (collectively the "Assessments"):
(a) Annual Assessments;
(b) Special Assessments for Capital Improvements;
(c) Insurance Assessments;
(d) Ad Valorem Tax Assessments;
(e) Working Capital Assessments; and
(f) Any other assessments authorized or required by the Master Declaration.
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The Assessments, together with interest, costs and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the
Assessments are made. Each such Assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of such
Lot at the time when the Assessment fell due. The personal obligation for delinquent
Assessments shall not pass to the Owner's successors in title unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and welfare of the
Owners and residents of the Property and Additional Property and for the improvement and
maintenance of the Common Areas. The funds arising from said assessments or charges, may be
used for any or all of the following purposes: Operations, maintenance and improvement of the
Common Areas, including payment of utilities; enforcing this Declaration; paying taxes,
insurance premiums, legal and accounting fees and governmental charges; establishing working
capital; paying any assessments or other charges allocable to the Development pursuant to the
terms of the Master Declaration; and in addition, doing any other things necessary or desirable in
the opinion of the Association to keep the Common Areas in good operating order and repair.
SECTION 3. Annual Assessments. The Board of Directors shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year. Within 30 days after
adoption of the proposed budget for the Development, the Board of Directors shall provide to all
of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification,
including a statement that the budget may be ratified without a quorum. The budget is ratified
unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In
the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners
shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the
Board of Directors. The Annual Assessment for each Lot shall be established based on the
annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by
the Declarant prior to the conveyance of the first Lot to an Owner. The due date for payment
shall be established by the Board of Directors. The Board of Directors shall have the authority to
require the assessments to be paid in periodic installments.
The Association shall,upon demand,and for a reasonable charge furnish a certificate signed
by an officer of the Association setting forth whether the assessments on a specified Lot have been
paid.
SECTION 4. Special Assessments for Capital Improvements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of
any construction,reconstruction,repair or replacement of a capital improvement upon the Common
Areas, including fixtures and personal property related thereto, provided that any such assessment
shall have the assent of a majority of the Members of each class who are voting in person or by
proxy at a meeting duly called for this purpose.
SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by
the Board of Directors or its Architectural Committee and any deductibles payable by the
Association upon loss shall be a common expense, and the Association may in any assessment year
levy against the Owners equally an"Insurance Assessment",in addition to the Annual Assessments,
which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance
premiums not included as a component of the Annual Assessment.
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Areas,if any,shall be a common expense,and the Association may in any assessment year
levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual
Assessments, which shall be in an amount sufficient to pay such ad valorem taxes in such year not
included as a component of the Annual Assessment.
SECTION 7. Working_Capital Assessments. At the time title to a Lot is conveyed to an
Owner by Declarant, the Owner shall pay an amount equal to two months' assessments to the
Association as working capital to be used for initial operating and capital expenses of the
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Association. Amounts paid into the working capital fund are not to be considered as advance
payment of the Annual or any other assessments. Any working capital funds remaining after the last
lot has been sold by Declarant shall be transferred to and become part of the general funds of the
Association, in the discretion of the Board of Directors.
SECTION 8. Rate of Assessment. The Association may differentiate in the amount of
Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots
of record and Lots of record with completed dwellings for which certificates of occupancy have
been issued by the appropriate governmental authority, or when any other substantial difference as
a ground of distinction exists between Lots. However, Assessments must be fixed at a uniform rate
for all Lots similarly situated. Notwithstanding the foregoing, the Declarant shall not be required
to pay assessments with regard to Lots which it owns.
SECTION 9.Commencement of Assessments. Assessments for each Lot shall commence
upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after the due
date shall bear interest from the due date at the highest rate allowable by law. The Association may
bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien
against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments
provided for herein by non-use of the Common Area or abandonment of his Lot. All unpaid
installment payments of Assessments shall become immediately due and payable if an Owner fails
to pay any installment within the time permitted.The Association may also establish and collect late
fees for delinquent installments.
SECTION 11. Lien for Assessments. The Association may file a lien against a Lot when
any Assessment levied against said Lot remains unpaid for a period of 30 days or longer.
(a)The lien shall constitute a lien against the Lot when and after the claim of lien is filed of
record in the office of the Clerk of Superior Court of the county in which the Lot is located. The
Association may foreclose the claim of lien in like manner as a mortgage on real estate under power
of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines,
interest, and other charges imposed pursuant to Sections 47E-3-102, 47F-3-107, 47F-3-107A and
47F-3-1 15 of the Act are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances on a Lot except
(i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust
on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior
Court, and (ii) liens for real estate taxes and other governmental assessments and charges against
the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to enforce the lien
are instituted within three years after the docketing of the claim of lien in the office of the Clerk of
Superior Court.
(d) Any judgment, decree, or order in any action brought under this section shall include
costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a
Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such
purchaser and its heirs,successors and assigns shall not be liable for the Assessments against the Lot
which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid
Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners
including such purchaser, its heirs, successors and assigns.
(f) A claim of lien shall set forth the name and address of the Association, the name of the
record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the
amount of the lien claimed.
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ARTICLE VIII
MINIMUM STANDARDS FOR SITE IMPROVEMENTS, USE RESTRICTIONS
AND MAINTENANCE
SECTION 1. Minimum Standards for the Site Improvements.
(a) Each dwelling shall have a minimum of 1400 square feet of "enclosed, heated
dwelling area". The term enclosed,heated dwelling area as used in the minimum requirements shall
be the total enclosed area within a dwelling which is heated by a common heating system: provided,
however, that such term does not include garages, terraces, decks, open porches, and like areas.
(b) Since the establishment of standard inflexible building setback lines for location of
houses on lots tends to force construction of house both directly behind and directly to the side of
other homes with detrimental effects on privacy, view of the water and surrounding areas,
preservation of important trees, etc.. no specific setback lines are established by these covenants,
except as may be set out on any recorded plats of any areas in the development. In order to assure,
however, that location of houses will be arranged where practical and appropriate so that the
maximum amount of view and tree preservation will be considered for each house; that the
structures will be located with regard to the ecological constraints and topography of each individual
lot, the location of large trees and similar considerations,the Declarant or its designee reserves unto
itself, its successors and assigns, the right to control absolutely the precise site and location of any
house or dwelling or other structure upon all lots, including its relationship to streets, the height of
all buildings, setting of all buildings, and their location on to another. Provided, however, that no
structure shall be located in violation of any set back lines which may appear on any recorded plats,
that such location shall be determined only after reasonable opportunity is afforded to the lot owner
to recommend a specific site and location of buildings and driveway,etc.,and provided further, that
in the event an agreed location is stipulated in writing in the contract of purchase, or subsequent
agreement,the Declarant shall approve automatically such location for a residence. Declarant shall
distribute to each lot owner a list of suggested building standards which will be intended as a
guideline for compliance with the Declaration.
(c) All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or
plant screen of a type and size approved by the Declarant, the Board or the Architectural Control
Committee, so as to preclude the same from causing an unsightly view from any highway, street or
way within the subdivision, or from any other residence within the subdivision. All mail and
newspaper boxes shall be uniform in design. Design for mail and newspaper boxes shall be
furnished by Declarant. Fences shall be permitted; provided, however, that the design, placement,
and materials of any fence are approved by the Declarant, the Board, or the Architectural Control
Committee, as the case may be.
(d) All light bulbs or other lights installed in any fixture located on the exterior of any
building for the purpose of illumination shall be clear, white or non-frost lights or bulbs. Exterior
spot/flood lights must be approved by the Association. Any such approved spot/flood lights shall
be aimed to the greatest extent possible to direct light away from adjoining property.
SECTION 2. Use Restrictions.
(a) Land Use And Building Twe. No Lot shall be used for any purpose except for
residential purposes.All numbered Lots are restricted for construction of one single family dwelling.
(b) Nuisances.No noxious oroffensive activity shall be carried on upon any Lot nor shall
anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort
whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or
other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall
be the responsibility of each Owner to prevent the development of any unclean,unsightly or unkept
condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of
the neighborhood as a whole or the specific area.
(c) Temporary Structures. No structure of a temporary character, trailer, basement, tent,
shack, barn or other outbuilding shall be used on any Lot at any time as a residence, either
temporarily or permanently, provided, however, that this shall not prevent the Declarant from
11

maintaining a construction trailer or office on any part of the Development until the construction of
dwellings on all Lots and Common Area improvements are completed.
(d) Vehicles/Boats. No boat, motor boat or other watercraft, camper, trailer, motor or
mobile homes, recreational vehicles, tractor/trailer, or similar type vehicle, shall be permitted to
remain on any Lot, or on any street at any time. No inoperable vehicle or vehicle without current
registration and insurance, will be permitted on any Lot, street or Common Area. The Association
shall have the right to have all such vehicles towed away at the owner's expense. No repairs to any
vehicle may be made on streets or in driveways but only in garages or other areas not visible from
the street.
(e) Vehicles. Except for temporary guests and visitors, only standard private passenger
vehicles, including passenger vans and pick-up trucks, are permitted to be parked within The
Cottages. Such vehicles must bear current licenses, be in operating condition and bear no signs.
(0 Animals. No animals, livestock or poultry of any kind shall be kept or maintained
on any Lot, or in any dwelling except that dogs. cats or other household pets may be kept or
maintained provided that they are not kept or maintained for commercial purposes and provided
further that they are not allowed to run free, are at all times kept property leashed or under the
control of their owner and do not become a nuisance or cause a disturbance to owners and occupants
of other lots in The Cottages. Each owner shall be responsible for immediately collecting and
properly disposing of wastes of his pet.
(g) Statuary. TV Satellite Dishes and Outside Antennas. No yard statuary, yard art, or
TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television
antennas shall be erected on any Lot, or dwelling unit unless and until permission for the same has
been granted by the Board of Directors of the Association or its Architectural Control Committee;
provided,however, satellite dishes not over eighteen inches(18")in diameter which cannot be seen
from the street are permitted.
(h) Construction in Common Area. No person shall undertake, cause, or allow any
alteration or construction in or upon any portion of the Common Areas except at the direction or
with the express written consent of the Association or as permitted by this Declaration.
(i) Signs and Brochure Distribution Devices. There shall be no advertising or
marketing on any lot and no signs (including for sale or for rent signs) or brochure distribution
devices shall be permitted on any Lot, or in the Common Areas without permission of the Board of
Directors, except that each Lot may have posted, prior to initial occupancy, one sign setting forth
the names of the Owner, builder and architect, and, in the case of a Lot owned by Declarant, such
other signs as the Declarant may choose.
0) Subdividing. Subject to any rights reserved in the Master Declaration or reserved to
the Declarant herein,no Lot shall be subdivided, or its boundary lines changed except with the prior
written consent of the Declarant during the Declarant Control Period and thereafter by the Board of
Directors of the Association.
(k) Trash Cans. All trash cans must be kept from view from the street except on trash
pickup days. Trash cans must be removed from the street within 8 hours of trash pickup.
(1) Christmas Decorations. Christmas decorations may only be exhibited between
November 20 and January 7 of the following year.
(m) Leases. Rental contracts for residences shall not be for a term shorter than three
consecutive months.
(n) Fences and Hedges. No person shall construct or install a fence, hedge or similar
structure on any Lot in such location or manner as to interfere with or obstruct access to utility
meters, sewer cleanouts or utility pedestals on the Lot by any utility company or public works
employees or agents. In the event of a violation of this provision, the Declarant, the Association,
Brunswick County, or the affected utility company shall be entitled to enter upon the Lot and
remove the fence, hedge, or other obstruction and recover all costs incurred from the owner of the
Lot.
12

(o) Street Lighting. The Association may enter into a contract with a public or private
utility company to lease the street lights in The Cottages for a monthly fee which shall be paid by
the Association and included in the monthly assessments pursuant to Article VII.
(p) Sidewalks. The sidewalks in The Cottages maybe located within the private streets
as shown on the Recorded Map.The Association shall be responsible for the removal,repair and/or
replacement of sidewalks necessary in order to facilitate access to utility systems buried under or
near these sidewalks to facilitate the maintenance,repair,servicing or replacement of those systems.
The Association's costs shall be recovered through assessments pursuant to Article VII herein.
These provisions shall not apply to sidewalks within the right of way of Landing Boulevard, also
know as Brick Landing Boulevard.
SECTION 3. Maintenance. Each Owner shall keep his Lot free from weeds, underbrush
or refuse piles,or unsightly growth or objects. In the event the Owner fails to do so,then, after thirty
days notice from the Architectural Control Committee, the Association or its designee may enter
upon the Lot and remove the same at the expense of the Owner, and such entry shall not be deemed
a trespass, and in such event a lien shall arise and be created in favor of the Association for the full
amount of the cost thereof chargeable to the Owner's Lot, including collection costs and such
amounts shall be due and payable within thirty(30)days after the Owner is billed therefor. Such lien
shall be enforceable by Court proceedings as provided by law for enforcement of liens. In the event
that any maintenance activities are necessitated to any Common Areas by the willful act or active
or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such
maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion
of the Board of Directors of the Association, the cost of the same shall be the personal obligation
of the Owner and if not paid to the Association upon demand, may be added to the annual
assessment levied against said Owner's Lot and shall become a lien against the Lot.
Section 4. Maintenance and Repair of Real Property. Each Owner shall also be
responsible for maintaining the structures on such Owner's Lot in a clean and attractive condition
and in good order and repair. In the event a structure sustains damage clearly visible from the
exterior, its Owner shall repair or reconstruct the structure in accordance with its appearance prior
to damage unless the Association agrees to the contrary. The repair or reconstruction shall be
accomplished within 90 days of the damage unless the Association grants a waiver based upon a
finding of hardship. Should an Owner not conform to these provisions, the Association may
accomplish necessary repairs or reconstruction according to its best judgment, and levy an
assessment upon the Owner for the costs involved.
ARTICLE IX
GENERAL PROVISIONS
SECTION 1.Enforcement Of Storm Water Runoff Regulations. No more than_
square feet of any Lot shall be covered by structures and/or paved surfaces, including walkways or
patios of brick, stone, slate or similar materials (the "Built Upon Area"). The covenants contained
in this section are intended to insure continued compliance with storm water runoff rules adopted
by the State of North Carolina and, therefore,may be enforced by the State of North Carolina. The
Declarant may in accordance with applicable governmental regulations borrow from another Lot
any Built Upon Area which is not being utilized by the other Lot. Such transaction need not be
approved by any other Owners or by the Association.
A. Swales shall not be filled in, piped, or altered except as necessary to provide driveway
crossings.
B. Built-upon area in excess of the permitted amount requires state stormwater management
permit modification prior to construction.
C. No Lot nor that portion of the street right of way between the edge of the pavement and
the front Lot line, shall be covered by impervious structures, including asphalt, gravel, concrete,
brick, stone, slate or similar material (but excluding wood decking and the water surface of
swimming pools), in excess of the square footages permitted by applicable governmental rules and
regulations. Roadside or lot line swales may not be filled, piped or altered except as necessary to
provide a minimum driveway crossing. These covenants are intended to insure continued
compliance with the stormwater permit for the Property issued by the State of North Carolina and,
13

therefore, may not be changed or deleted without the consent of the State. For curb and gutter
projects, no one may pipe, fill in, or alter any Lot line swale used to meet North Carolina
Stormwater Management Permit requirements.
D. Lots within CAMA's area of environmental concern may be subject to reduction in
their allowable build upon area due to CAMA regulations.
SECTION 2. Rights of institutional Note Holders. Any institutional holder of a first lien
on a Lot will,upon request,be entitled to(a)inspect the books and records of the Association during
normal business hours, (b) receive an annual audited financial statement of the Association within
ninety(90) days following the end of its fiscal year, (c)receive written notice of all meetings of the
Association and right to designated representative to attend all such meetings, (d) receive written
notice of any condemnation or casualty loss that affects either a material portion of the Development
or the Property securing its loan, (e) receive written notice of any sixty-day(60) delinquency in the
payment of assessments or charges owed by any Owner of any property which is security for the
loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance
policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed
action that requires the consent of a specified percentage of mortgage holders, and (h) be furnished
with a copy of any master insurance policy.
SECTION I Utility Service. Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an initial
payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be
required to pay for any water connections, sewer connections, impact fees or any other charges
imposed by any entity famishing water, sewer or other utility service to the Lots. In the alternative,
the Developer may collect such connection,impact and other fees and charges directly from the Lot
Owners. All Lot Owners shall be required,for household purposes,to use water and sewer supplied
by the companies/governmental units servicing the Development.
SECTION 4. Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full force
and effect.
SECTION S. Lots Subject to Declaration/Enforcement. All present and future Owners,
tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with
the provisions of the Declaration, and as the Declaration may be amended from time to time. The
acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of
any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified
by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure
to the benefit of and be enforceable (by proceedings at law or in equity) by the Declarant, by the
Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and
assigns, and shall run with and bind the land and shall bind any person having at any time any
interest or estate in any Lot, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty(20)years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10) years, unless
terminated by the Lot Owners. Failure by the Master Association, Master Declarant, the Declarant,
the Association or by an Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
SECTION 6.Amendment of Declaration by Membership. Except as provided elsewhere
herein, and subject to the rights of the Master Declarant, the covenants and restrictions of this
Declaration may be amended only by an instrument duly recorded in the Office of the Register of
Deeds of the county where the Development is located, executed by the duly authorized officers of
the Association upon the vote of not less than two-thirds (2/3) of the Lot Owners; provided that no
amendment shall alter any obligation to pay ad valorem taxes or assessments for public
improvements, as herein provided, or affect any lien for the payment thereof established herein. In
no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted
or reserved unto Declarant.
SECTION 7. FHA/VA Approval. So long as there is Class B membership, annexation of
Additional Properties, dedication of Common Area and amendments to this Declaration must be
approved by the Federal Housing Administration and/or the Veterans Administration, as the case
14

may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage
loans within the Development.
SECTION 8. Impact of Declaration of Covenants Conditions Easements and
Restrictions for Brick Landing Plantation. Notwithstanding anything herein to the contrary, in
the event that any provisions of this Declaration are inconsistent with the provisions of the Master
Declaration or the Governing Documents (as defined in the Master Declaration), as the same may
be amended, the provisions of the Brick Landing Plantation restrictions shall control over these
regarding The Cottages. In the event, however, that the restrictions for The Cottages are more
restrictive than those of Brick Landing Plantation,these Restrictions for The Cottages shall control.
IN WITNESS WHEREOF, the Declarant hereto has caused this Declaration to be executed
in the Declarant's name under seal by its duly authorized member manager as of the day and year
first above written.
BLP LAND COMPANY, LLC, (Seal)
BY: (SEAL)
Manager
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public in and for said County and State, do hereby certify
that personally came before me this day and acknowledged that he is a manager
of BLP Land Company,LLC,a limited liability company which is a the limited liability company described
in and which executed the foregoing instrument; that he executed said instrument in the limited liability
company name by subscribing his name thereto.
WITNESS my hand and notarial seal, this the_day of 2006.
Notary Public
My commission expires:
15

Pursuant to the Master Declaration, Master Declarant hereby consents to the foregoing Declaration
of Covenants, Conditions and Restrictions for The Cottages at Brick Landing Plantation, Section One;
provided, however, such consent shall not create any duty, liability or obligation to, for or on the part of
Master Declarant or the Master Association except as otherwise provided in the Master Declaration, and
consent to the terms hereof shall not be deemed to constitute a waiver of the right to withhold approval as to
any subsequent amendments hereto.
BRICK LANDING PLANTATION MASTER COMMUNITY
ASSOCIATION, INC. (SEAL)
By: (SEAL)
Name:
Title: President
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public of County, North
Carolina, do hereby certify that personally appeared before me this
day and acknowledged that he is a President of Brick Landing Plantation Master Community
Association, Inc., a North Carolina nonprofit corporation, and that he, as such President, being
authorized to do so, executed the foregoing on behalf of Brick Landing Plantation Master
Community Association, Inc.
Witness my hand and official stamp or seal this _day of , 2006,
Notary Public
My Commission Expires:
16

CONSENT, JOINDER AND SUBORDINATION OF LENDER AND TRUSTEE
COOPERATIVE BANK, a North Carolina banking corporation ("Lender"), owner and
holder of a note secured by that certain deed of trust (the"Deed of Trust'), recorded in Book
at Page of the Brunswick County Registry and FREDERICK WILLETTS,
Trustee, under said Deed of Trust, hereby agree that they have consented to the terms and
provisions of the attached Declaration of Covenants, Conditions and Restrictions for The
Cottages at Brick Landing Plantation, Section One (the "Declaration"), and that the lien of the
Deed of Trust is hereby subordinated to the lien of the Declarant.
IN WITNESS WHEREOF, the undersigned have duly executed these presents as of the
day of , 2006.
LENDER:
COOPERATIVE BANK, a North Carolina
banking corporation
By:
President
TRUSTEE:
By:
Frederick Willetts
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public, certify that
personally appeared before me, and acknowledged that he/she is President of COOPERATIVE
BANK, a North Carolina banking corporation, and the he/she as President, being authorized to
do so, executed the foregoing on behalf of the corporation.
WITNESS my hand and notarial seal, this the day of , 2006.
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
1, a Notary Public, certify that FREDERICK
WILLETTS, Trustee, personally appeared before me, and that he as Trustee being authorized to
do so, executed the foregoing.
WITNESS my hand and notarial seal, this the_ day of , 2006.
Notary Public
My Commission Expires:
17

BRICK( LANDING TRACTC
(HYDROGEOLOGIC STUDY) 6 ACRE5 POWER POLE
Future
SHALLOTTE, NC Development
CLARK PROJECT NO. 05729 5prokler5ox
(D 2 �F SCALE: 1-=100'
Isolated Wetlands
.04 Acres .PW4 POWER POLE
Cartpath PW3
60.54
INF. /
TE5T BORINCE5T BORI
l 633. l B Total 5q. Ft 04®
Encroachment pW2 0 �a,
TE5T BORING PW1
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TE5T BORING
0.o #2
2 PIEZOMETER
TEST BORING (MONITORING WELL)
A
47.21 #3 POWER POLE O APROXIMATE LOCATION OF
DOUBLE RING INFILTROMETER TEST
APPROXIMATE LOCATION
OF LIMIT OF ACCEPTABLE NOTES:
50IL5 CONOITIONS
1 TRACT D WITHN W 200FT. MEASUR MEASURING TAPE.
4. 76 ACRE5 2. APPROXIMATE LOCATION OF LIMIT
Future Development OF ACCEPTABLE SOIL CONDITIONS
WAS DETERMINED BY NCDENR SOIL
SCIENTIST
60'Access and 3. INFILTRATION TEST #1 WAS
Utlllty Easement PERFORMED ON 12/21/05
INFILTRATION TEST #2 WAS
PERFORMED ON 12/22/05
INFILTRATION TEST #3 WAS
aj PERFORMED ON 01/26/06
SITE MAP
2i� N FIGURE 2
THE C LARK GROUP W