SW8881104_Compliance Evaluation Inspection_20030428

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CAN - AM Development Corporation, L.L.C.
6401 Orr Road • Charlotte, NC • 28213
Phone:[phone] • Fax: [phone]
Construction • Development
President Gordon N. Titcomb
Vice President: Kevin P. Kovel
April 25, 2003 L.
Noelle Lutheran rya" :✓ J
N. C. Department of Environment and Natural Resources �-"---
�s.+w•aors..«.,k.
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Attention: Noelle Lutheran
Re: Cedar Tree
Dear Noelle,
I'm sorry this has taken so long to forward to you. We modified the outlet structure to extend the 36"pipe to the
edge of the canal and installed a back flow preventor as specified. See the attached modified sketches and
pictures I took during construction. As shown on Sheet"A"the water would have rushed in from the canal to the
vegetative filter and rise over the banks to cause extreme flooding of Cedar Tree. As shown on Sheet`B"the
water will migrate down the canal without pooling on our property.
Please contact me if you have any further questions.
Sincerely,
&RANO 11/4)
Can-Am Development Corporation
Gordon N. Titcomb
President

�OF 11\iAT6-QQ Michael F. Easley, Governor
6 William G. Ross, Jr., Secretary
y North Carolina Department of Environment and Natural Resources
r
—1 Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
December 16, 2002
Mr. W.J. McLamb
Oceanside Corporation
PO Box 4640
Calabash,NC 28467
Subject: State Stormwater Permit Compliance
Cedar Tree Subdivision
Stormwater Project No. SW8 881104
Brunswick County
Dear Mr. McLamb:
The Wilmington Regional Office conducted a compliance inspection of the subject site to
determine if all violations have been corrected since the Notice of Violation was issued to you on
June 12, 2001. It has been determined that all violations have been corrected and the site is in
compliance with Stormwater Permit No. SW8 881104. You are not responsible for any work
done to the pond after the P.E. Certification was received by this office on October 20, 2002.
Please li out the attached transfer of ownership form and forward it to Mr. Gordon
Titcomb. Mr. Titcomb has agreed to transfer the permit into his name and assume all
maintenance of the approved stormwater system. Mr. Titcomb will fill out his portion of the
form including an operation and maintenance agreement, and will forward the forms and the
recorded deed restrictions to this office. A new permit will be issued in his name.
Thank you for your cooperation on this matter. By copying this letter to the Town of
Carolina Shores, we are requesting that the town release building permits on the remaining lots in
this subdivision. If you have any questions, please call me at(910)-395-3900.
Sincerely,
Noelle Lutheran
Environmental Tech V
RSS\nml: S:1WQSISTORMWAT\LETTERSI8 81104.DEC
cc: Donald Butler, P.E.
Town of Carolina Shores
Clay Collier
Gordon Titcomb
WiRO
NCDENR
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

CAN - AM Development Corp., L.L. C.
6401 Orr Road . Charlotte, NC . 28213
Phone: [phone] . Fax: [phone]
Construction # Development
President: Gordon N. Titcomb
Vice President Kevin P. Rove!
FAX COVER SHEET
DATE: 1V 2S 02-
To: bO ELL E FAX#: Ct 10°SSO -2601
FROM: lD tE
NUMBER OF PAGES IS TRANSMISSION INCLUDING THIS COVER SHEET:
(PLEASE CALL THE ABOVE NUMBER IFM YOU D'O,NOT RECEIVE TOTAL NUMBER OF PAGES)
COMMENTS: 'II E COOT
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CAN - AM Development Corporation, L.L.C.
8401 Orr Rood • Charlotte, NC • 2E213
Phone:[phone] • Fax[phone]
Constructlon • Development
President: Gordon N. Titcomb
Vice President: Kevin P. Kovel
October 25, 2002
Linda Herncane
Town of Carolina Shores
200 Persimmon Road
Carolina Shores, NC 28467
Dear Linda,
Please accept this letter as notification that we will be entering our easement on your property to
do the pond drainage modifications as noted in the attached letter. Please notify your responsible
parties so we don't have a reoccurrence of the last episode(See attached letter).
Sincerely,110442...i
Can-Am Development Corporation
Gordon N.Titcomb
President
•
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CAN - AM Development Corp., L.L. C.
6401 Orr Road • Charlotte, NC # 28213
Phone: [phone] • Fax: [phone]
Construction Development
President: Gordon N. Titcomb
Vice President: Kevin P. Kovel
FAX COVER SHEET
DATE: /O/Q24J4 2
TO: A/Og FAX#: J 1P 3 e00
FROM: 404)%41g
NUMBER OF PAGES IS TRANSMISSION INCLUDING THIS COVER SHEET: a
(PLEASE CALL THE ABOVE NUMBER IF YOU DO NOT RECEIVE TOTAL NUMBER OF PAGES)
COMMENTS: rn')1 2' y ftE A/0f 00
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/Ii 10/24/2002 16:14 704-596-1030 TITCOMB CONST PAGE 01
Facsimile Clover Sheet
To: Noeile Lutheran
Fax: [phone]
From: Gordon Titcomb
Company: Can-Am Development
Phone: [phone]
Fax: [phone]
Date: 10/24/02
Pages including this 2
cover page:
Comments: Please see attached letter.
Please do not hesitate to call should you have any questions.
Hard Copy To Follow In The Mail.

CAN - AM Development Corp,, L.L. C.
6401 Orr Road • Charlotte, NC ss 28213
Phone: [phone] • Fax.• [phone]
Construction # Development
President: Gordon N. Titcomb
October 24, 2002 Vice President: Kevin P. Kove/
Noelle Lutheran
N. C. Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Attention: Noelle Lutheran
Re: Cedar Tree Stormwater Permit SW8 881104
Dear Noelle,
Confirming our conversation today,you have authorized Can-Am Development to proceed with the extension of
the existing drainage pipe(36"C.M.P.)to the edge of the existing canal. We will also relocate the back flow
prevention flap valve to this new location and protect the Intersecting banks with Rip Rap.This pipe will
terminate slightly back from the edge of the canal to allow the flap valve to open unimpeded with excessive flow
of water down the canal. We will provide you with an as-built sketch for your records when comp.s.s.► u►i tig
� .,.
proceall with ibis work late next week(Week of October 28,2002)or the first of the following week.
Thank you,
Th
1CJA,w
r:an-Am Development Corporation •
:3ordon N. Titcomb
:)resident

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■M 10/1412002 15:02 704-596=1030 TITCOMB CONST PAGE 01
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CAN - AM Development Corp., L.L. C.
6401 Orr Road • Charlotte, NC . 28213
Phone: [phone] • Fax: [phone]
Construction 4 Development
President: Gordon N. Tim-oath
Vice President: Kevin P. Kovel
FAX COVER SHEET
DATE: /b /4 02
TO: AUOF 1# P FAX#: l ' S3" 0/
FROM: e2.044.10------
NUMBER OF PAGES IS TRANSMISSION INCLUDING THIS COVER SHEET: /
(PLEASE CALL THE ABOVE NUMBER IF YOU DO NOT RECEIVE TOTAL NUMBER OF PAGES)
COMMENTS: Aga, I)14 OA) _ /4'2L LId 1JK44,Jt'S
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FASCIMILIE COVER SHEET
IS440.
To: /1Q �°
r
Company:
Fax: /0-11 'O-2041
From: atWAIR
Company: Titcomb Construction Co., Inc.
Phone: [phone] -
Fax: [phone]
Date: /O?)P02
Pages including this cover page: /
(flame call the above number if you
do not receive all pages)
Comments: Wig o fide e 1-Pei 4Ac4,4w
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A4, Sy 64s yez'AtO Q fr e qt Nor
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Titcomb Construction Co.,Inc.
6401 Orr Road * Charlotte,NC 28213 #1146 i
Specialty Interior Contractor 400Aiti
441614446
1.0%:
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TO 3E d ISN00 SNOOaIl 0EOI-969-VOL 6t:ET E0OZrLO/0I i

CAN - AM Development Corporation, L.L.C.
6401 Off Road • Charlotte,NC • 28213
Phone:[phone] • Fax:[phone]
Con tnictivn • Developmenr
President: Gordon N. Titcomb
Vice President Kevin P. Koval
October 3, 2002
Joel T. Gibson
P.O. Box 44000
Calabash, NC 28467
Re: Cedar Tree Development pond modification
I received your letter dated 9/27/02 Monday 9/30/02 via fax when I arrived for work in the
a.m. (obviously after the work was complete).
As you have been informed these pond drainage modifications were performed by Oceanside
Corp.to correct the violations to their storm water permit#W8881104.They were issued the
citation June 12,2001 and were required to begin the work September 20i"(see attached letter).
It was the responsibility of Oceanside Corp.to notify and have Carolina Shores approve the
proposed scope of work prior to entering on your client's property.See attached notice of
violation.
I was not impressed with the arrogance of your client In a phone conversation (3-way
speakerphone)we had with them last Friday 9/27/02. 1 recommend that they voice their concerns
to the responsible party,which is Oceanside Corp.
Sincerely,
JACT 2,*0\41Wr .e±?
CAN-AM Development Corporation
Gordon N. Titcomb
President
b0 B9Vd ISNOD SW001I1 0E0T-965-VOL TE:tI ZOOZ/5Z/0T

SEP-27-2002 1r' JEFFCOAT PIKE NAPPIERinn 19105792770 P.01/01
Mins
•
OTIS ALLEN JEFFCOAT, Ill'
JEFFC( a, PIKE NAPPIER, LLC JAMES C. PIKE,
MARK A. NAPPIEWER`
ELDON D. RtsHI_R,III
ATTORNE" AT LAW PATRICKJ. REILLY
JOEL TALMADGE GIBSON, I III"
MELISSA JOHNSON EMERY
NORNORTy Mv LE BEACH,SOUTH CAROLINA OFFICE' MYRTLE BEACH,SOUTH CAROLINA OFFICE: CALABASH,NORTH CAROLINA OFFICE:
110 YE r KINGS HIGHWAY ZOSO CORPORATE CENTRE DRIVE,SUITE 10p OLD GEORGETOWN CF,NTER
POST eVICE BOX 4360 POST OFFICE BOx 3678 9222-8 BEACH DRIVE,SW
NOR,MYRTLE BEACH,SOUTH CAROLINA 29$97 MYRTLE BEACH,SOUTH CAROLINA 29578 POST OFFICE BOX 44000
CALABASH,NORTH CAROLINA 28467
TiLEPHONE(8491Z49-3581 TELEPHONE[phone] TELEPHONE[phone]
FACSIMILE(943) 240-6231 FACSIMILE(843)448-1914 FACSIMILE(910)579-2770
REPLY TO: Calabash Office ADMITTED IN SC&NC
—ADMITTED IN NC
/OF COUNSEL
September 27, 2002
Noelle Lutheran
NC DHNR--Division of Water Quality VIA FACSIMILE: 910-350-2004
127 Cardinal Drive Extension
Wilmington,NC 28405
RE: Construction in Cedar Tree, Brunswick County
Ms. Lutheran:
This firm.represents the Town of Carolina Shores. It has come to the Town's attention
that MAC, Inc. is currently altering the drainage system of the Cedar Tree Subdivision lying
within the Town's property. Furthermore, as you are aware, the Town is also in the process of
implementing a broad and sweeping redesign of the current storm water canals into which that
system enters.
The Town has therefore asked me to ask you if in granting the required permits
you considered not only the existing water canals but also the canals as they will be improved
according to the plans already submitted to your office in connection with the FEMA grant.
Thank-you for your immediate attention in this matter.
er ,
oel T. Gibson, III
cc: Linda I-ierncane, Town Manager—Carolina Shores
TOTAL P.01

09/26/2002 16: 51 704-596-1030 TITCOMB CONST PAGE 01
CAN - AM Development
Corp., L.L. C.
6401 Orr Road a Charlotte, NC . 28213
Phone: [phone] a Fax: [phone]
Construction 0 Development
President: Gordon N. Titcomb
Vice President: Kevin P. Kovel
FAX COVER SHEET
DATE: f (96O 0�
TO: NO112e `PriteA FAX#: 9/O 3f4 -2oo1
FROM: 404eikiff
NUMBER OF PAGES IS TRANSMISSION INCLUDING THIS COVER SHEET: 2
(PLEASE CALL THE ABOVE NUMBER IF YOU DO NOT RECEIVE TOTAL NUMBER OF PAGES)
COMMENTS: 7//)9A1b', /Q/G7Ø,Jg Q/d S ,i
PJe,qs ,1L,Qec.r 1021.15
ja_ofze, /Or Asfove 'Awe 70.
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HARD COPY TO FOLLOW IN THE MAIL? NO

09/26/2002 16: 51 704-596-1030 TITCOMB CONST PAGE 02
q(0 515 - t-tiOL
CAN - AM Development Corporation, L.L.C.
6401 Off Road • Charlotte, NC • 28213
Phone:[phone] • Fax:[phone] •
Constriction • Development
President: Gordon N. Titcomb
Vice President Kevin P. Kovei
September 26, 2002
W.J Mclamb
Mac Construction Company
PO Box 777
Shallotte,NC 28459
I'm sending this letter to confirm the information I gave Troy(your field supervisor) at
Cedar Tree pond project today 9/27/02.
After discussions with Noelle at N.C.D.E.N.R. she has accepted the extension of the new
36"CMP to the edge of the canal with the new 36" flexible flap valve at this location.
Also required riprap at this location to prevent wash from the bank. All outlet pipes will
then be concealed underground to prevent further flooding at the top edge of the
vegetative filter. We will be voiding the vegetative filter.
Please note that CAN-AN will accept responsibility for this change in co-ordination with
N.C.D.E.N.R. We were notified by Noelle to proceed with this change through
negotiation with all parties involved.
Please advise me if there is any added cost to this revision.
Thanks,
Gordon N. Titcomb
902.441eJ 136
Cc: Shelia McLamb
Clay Collier
Roy Wetjen

CROSSLEY MCINTOSH PRIOR & COLLIER
ATTORNEYS AT LAW
2451 SOUTH COLLEGE ROAD
WILMINGTON, NORTII CAROLINA 28412
JOHN F.CROSSLEY* r' •
DOUGLAS F.MCINTOSH '3• 9�
FRANCIS B.PRIOR {' 1. TELEPHONE [phone]
CLAY ALLEN COLLIER September 19, R FAX [phone]
.
H.MARK HAMLET 20I� ` ^" k TOLL FREE 800/499-9711
SAMUEL H.MACRAE
ANDREW HANLEY
ASHLEYM.EDWARDS w... `� E-mail [e-mail]
BRIAN E.EDES
*RETIRED
Mr. Gordon N. Titcomb, President
Can-Am Development Corporation, LLC
6401 Orr Road
Charlotte, NC 28213
RE : Cedar Tree Subdivision
Stormwater Permit No. SW8881104
Dear Gordon:
I thank you for your September 11 correspondence regarding
the status of the above-referenced matter. This will confirm
our subsequent telephone conversations of yesterday when I
updated you on progress and discussed issues concerning
vegetative growth around the pond.
It is my understanding that you have received the September
11 correspondence from Noelle Lutheran of Division of Water
Quality. You and I have previously discussed the planned revi-
sion for the outlet system to the Cedar Tree stormwater pond.
As you know, this revision has been approved by the State. I
enclose herewith a copy of the plan for your records.
I also enclose herewith an original copy of an
AUTHORIZATION, LICENSE AND PERMISSION TO ENTER UPON PROPERTY
which I have prepared in compliance with the request made at
paragraph 4 of your August 23, 2002 correspondence. I request
that you execute this document and return it directly to my
clients .
Yesterday we discussed the issue concerning the removal of
vegetation around the pond. I requested that you assume the
responsibility for this work and you refused. In a good faith
effort to resolve and conclude this matter, and not as any
recognition or admission of any responsibility or duty, my
client has agreed to assume the responsibility for mowing around
the edges of the pond on this one occasion. I have therefore
modified the enclosed document to allow access to the areas as
appropriate.

Can-Am Development Corporation, LLC
September 19, 2002
Page 2
We would like to begin work as soon as possible. While we
may have some short-term delay because of the lingering effects
of recent heavy rainfall, we are prepared to begin as soon as we
receive your permission to enter upon the property. Please give
this matter your immediate attention. If you have any questions
or concerns, please don' t hesitate to contact me. Otherwise, I
look forward to receiving a copy of the executed permission
document which you will forward directly to the McLambs .
Yours very truly,
CROSSLEY, McINTOSH, PRIOR & COLLIER
)1;k.e2146‘ r
Clay A. Collier
CAC/pbw
encls.
cc: Ms . Novlr Lutheran
Sheila K. McLamb, Esq.

CRISER & TROUTMAN CONSULTING ENGINEERS
POST OFFICE BOX 3727 j 3809 PEACHTREE AVENUE I WILMINGTON,NC 28408
[phone] FAX [phone]
MEMORANDUM 5034
DATE: 9-#0 hiji.#11110
TO: Noelle Lutherine
FROM: Don Butler
SUBJECT: Cedar Tree- outlet pipe-bend S384 /101
Noelle,
The owner requests to install a 45-degree CMP bend just behind the existing outlet instead of the new
concrete box. It would be near the outlet so that any debris could be removed by hand. The pipe would
continue as shown on the plans.
We do not see any problem with this change.The owners request that we run it by your office of
review before they install it.If it is acceptable to you, please call or e-mail us.
Thanks
don
� EI,VED
SEP 13 2002
BY:

P. 1
* * * COMMUNICATION RESULT REPORT ( SEP.11.2002 12:20PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
218 MEMORY T., 8-7045961030 OK P. 3/3
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Corolina •
Department of Environment and Natural Resources
Wilmington Regional Office
Michael'F. Easley, Governor William G. Ross Jr., Secretary
FAX COVE, SEEET
Date: �11! 2� No. Of Fag
To: rriolr41 From:
CO: CI4Af- d41 _ CO: Q
FAX#: '1 0 q -5 9, -I [3 3 O FAX#: [phone]
REMARKS: /
127 Cardinal Drive Extension,WIlmin¢lon,N.C.2S405 3945 Telephone[phone] Fax[phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G.Ross Jr., Secretary
FAX COVER SHEET
Date: l II C) I No. Of Pages:
To: ,riavl `l 1-crrm j From: /vat �f ef..,0"/
CO: CAi- 4M CO: DG.)
FAX#: 1 O LI -5 9 -/ © 3 O FAX#: [phone]
REMARKS: ► ha rit �Jo 4e-J 11
ythar
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845 Telephone[phone] Fax[phone]
An Equal Opportunity Affirmative Action Employer

1111 A r� Michael F. Easley, Governor
QG William G. Ross, Jr., Secretary
vj r North Carolina Department of Environment and Natural Resources
i— . Gregory J.Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
September 11, 2002
Mr. W.J. McLamb
Oceanside Corporation
PO Box 4640
Calabash,NC 28467
Subject: State Stormwater Permit Compliance
Cedar Tree Subdivision
Stormwater Project SW8 881104
Brunswick County
Dear Mr. McLamb:
The Wilmington Regional Office has received revised plans for the stormwater pond at Cedar
Tree Subdivision from Criser and Troutman Consulting Engineers. After reviewing these plans,this
office has determined that the following actions must be taken in order to bring this stormwater pond
into compliance.
1. Remove and/or permanently close off the 15"CMP at the northern end of the pond as shown
on the revised plans.
2. Repair or replace the outlet structure so that the elevations of the orifice and overflow allow
the pond to draw down in 2-5 days as required. Construct and plant the 30 ft vegetated filter
at the outlet as shown on the approved plans.
3. Mow the vegetation on the sideslopes of the pond to a height no greater than 6 inches. This
is to include all woody vegetation that has taken over.
4. The engineer has demonstrated that the pond can hold an excess of the required storage
volume,therefore, sediment does not have to be removed from the pond.
Please note that once this work is completed,the engineer must certify that the work has been
done in accordance with the revised plans. Please contact me, and I will visit the site within two
weeks to inspect the pond. This office will then write a letter of compliance to you, request that
building permits he released by the town, and we will request that the Stormwater Permit is
transferred to the new owner. CAN-AM Development Corporation has agreed to this.
iT6ENR
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

Mr. McLamb
Stormwater Permit SW8 881104
September 11, 2002
This work must begin by Friday, September 20, 2002. If work has not been initiated, this
office will initiate enforcement action without any further notice. Please call me at(910)-395-3900
if you have any questions.
Sincerely,
Noelle Lutheran
Environmental Tech V
RSS\nml: S:\WQS\STORMWAT\LETTERS\881104.SEP
cc: Gordon Titcomb, CAN-AM Development
Roy Wetjen, HOA
Town of Carolina Shores Building Inspector
Clay Collier
Don Butler, P.E.

TOPAT 0.1.,11-e. 04-;
•
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
[phone]
File Access Record
SECTION /L.
TIME/DATE 0-0 2--
NAME '°i'�
REPRESENTING: 1
• Guidelines for Access: The staff of the Wilmington Regional Office is dedicated to making public
records in our custody readily available to the public for review and copying. We also have the
responsibility to the public to safeguard these records and to carry out our day-to-day program obligations.
Please read carefully the following guidelines before signing the form:
1. Please call at least a day in advance to schedule an appointment to review the files.
Appointments will be scheduled between 9:00 a.m. and 3:00 p.m. Viewing time
ends at 5:00 p.m. Anyone arriving without an appointment may view the files to the
extent that time and staff supervision is available. -
2. You must specify files you want to review by facility name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time
permits. Copies of 25 or less are free, 26 or more require Payment in full for all
copies made at 10 cents a copy: payment may be made by check, money order, or
cash at the reception desk. Copies can also be invoiced for your convenience.
4. FILES M ST BE KEPT IN THE ORDER YOU FOUND THEM. Files may not be taken
from the office. To remove, alter, deface, mutilate, or destroy material in one of these
files is a misdemeanor for which you can be fined up to $500.00.
5. In accordance with General Statute 25-3-512, a $22.00 processing fee will be charged
and collected for checks on which payment has been refused.
FACILITY NAME z COUNTY
1. C-e-ekr
2. g SS o
4.
5.
Signature and Name.of Firm/Business Date Time In Time Out
Please attach a business card to this form
Revised 10/12/98

CROSSLEY MCINTOSH PRIOR & COLLIER
ATTORNEYS AT IAW
2451 SOUTH COLLEGE ROAD
WILMINGTON, NORTH CAROLINA 28412
JOHN F.CROSSLEY*
DOUGLAS F.MCINTOSH
FRANCIS B.PRIOR TELEPHONE [phone]
CLAY ALLEN COLLIER June 6' 2002 FAX [phone]
H.MARK HAMLET TOLL FREE 800/499-9711
SAMUEL H.MAcRAE
ANDREW HANLEY
ASHLEY M.EDWARDS E-mail [e-mail]
BRIAN E.EDES
RETIRED 'gyp
I , 3
6' �
Ms . Noelle Lutheran I� --` '
NORTH CAROLINA DEPARTMENT OF r `IM, 0 7 Z ''
ENVIRONMENT & NATURAL RESOURCES ! "'
Division of Water Quality '°° L. ,..!!! I
Wilmington Regional Office
127 Cardinal Drive Extension -_,``,
Wilmington, NC 28405
RE: Cedar Tree Subdivision
Stormwater Permit Number SW8881104
Dear Noelle:
I am writing in supplementation of our several recent
conversations and telephone and e-mail messages and in response
to Rick Shiver' s May 17 correspondence regarding the Cedar Tree
Subdivision. Please allow this correspondence to supplement our
previous conversations and confirm our intent to address issues
raised in the Notice of Violation sent to Oceanside Corporation
on June 12, 2001 and refined in the conference which you hosted
this past January.
It is my understanding that your major concern regard-
ing the system itself is focused on the outlet as presently
constructed. I have conferred with engineer David Criser on
this issue. David will prepare a formal plan to modify the
outlet so that it will conform with or exceed the specifications
approved in the original application. David believes that he
can get this plan finalized within 7 to 10 days .
Oceanside Corporation will see that the modifications
are accomplished to conform with the plan submitted by David
Criser. Oceanside believes that the work can be finalized
within 60 days of your approval of the plan for modification.
We will also, within this same time frame, provide you
verification that the remaining undeveloped lots will be subject

Ms . Noelle Lutheran
June 6, 2002
Page 2
to a restrictive covenant placing limitations on the amount of
impervious coverage for each particular lot.
It is our understanding that, once these tasks are
completed to your satisfaction, you will certify the system' s
compliance with the original permit referenced above. If I am
in any way mistaken in this assumption, please contact me
immediately so I can notify the appropriate parties and ensure
that all details are addressed.
I appreciate ate your r patience and understanding in
waiting for us to investigate; evaluate and address concerns
about the Cedar Tree stormwater system. I am hopeful that we
are now close to realizing the fruits of our labor and that we
can work quickly together toward a satisfactory resolution of
all stormwater issues in this development.
Yours very truly,
CROSSLEY, McINTOSH, PRIOR & COLLIER
P)/111\ L
Clay A. Collier
CAC/pbw
cc: Mr. David Criser

CRISER & TROUTMAN CONSULTING ENGINEERS
June 20,2002
Memo: Noelle Lutheran
Div. of Water Quality
From: Donald R. Butler
Subject: Cedar Tree Subdivision
Permit#SW 8 881104
Noelle,
We have calculated the volume of the main pond from the field data in August of 2001
as shown in the attachment The volume required in the permit was 30,948 CF. From
the field data, it appears that it would cause the permanent pond to rise approximately
0.61 feet The surface area required was 0.39 AC. The calculations show that at
elevation 38.5 the surface area is 1.12 AC.
The existing 15" CMP at the end of the lake is to be removed. The existing V notch weir
is to be repaired so that the leakage will be stopped. In our calculations,we did not
include any of the volume from the smaller pond. The area marked for future
development(3.16 AC) has not been developed.
We hope that this data will answer your review letter. If you need more information,
please contact us.
DRB/ett/5034
P.O. Box 3727 • 3809 PEACHTREE AVENUE, SUITE 102 • WILMINGTON, N.C. 28406 • [phone] • FAX [phone]

DATE - DESIGN CRISER & TROUTMAN SHEET
G-'7a.Of- ufLa Wilmington, Consulting Engineers North Carolina ( OF t
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Page 1 of 1
Don Butler _5, Lt
From: Mark Carroll<[e-mail]>
To: Don Butler<[e-mail]>
Sent: Wednesday,June 19,2002 6:02 PM
Subject: Cedar Tree Pond Storage
Cedar Tree Subdivision
Storage Available Above Elevation 38.5'
Elev(ft) Area(Ac) Cumml Avg(ft3) Cumml Conic(ft3)
42.00 1.62 209325 209301
41.50 1.55 174856 174836
41.00 1.48 141890 141872
40.50 1.41 110438 110423
40.00 1.34 80511 80500
39.50 1.27 52121 52114
39.00 1.20 25281 25277
38.50 1.12 0 0
Sincerely,
Clinton Mark Carroll
Civil Design Technician
CRISER&TROD iI'MuNCON`SULTINGENGiNEERS
PO Box 3727 Wilmington, NC 28406
3809 Peachtree Avenue,Suite 102
Wilmington, NC 28403
Voice 910.397.2929 Ext. 113
Fax [phone]
email:[e-mail]
, 1416.11...
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or
privileged material.If you are not the intended recipient of this message you are hereby notified that any use,review, retransmission,
dissemination,distribution,reproduction or any action taken in reliance upon this message is prohibited.If you received this in error,
please contact the sender and delete the material from any computer.Any views expressed in this message are those of the individual
sender and may not necessarily reflect the views of the company.
6/20/02

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CIF W ATF,9 Michael F. Easley, Governor
William G. Ross, Jr., Secretary
9j it r North Carolina Department of Environment and Natural Resources
p Gregory J.Thorpe,Ph.D., Acting Director
r
Division of Water Quality
• Wilmington Regiottl Office
May 17, 2002
CERTIFIED MAIL 7001 1940 0007 1402 3061 '
RETURN RECEIPT REQUESTED
Mr. W.J. McLamb
Ocean Side Corporation
PO Box 4640
Calabash,NC 28467
Subject:NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Cedar Tree Subdivision
Stormwater Permit No. SW8 881104
Brunswick County
Dear Mr. McLamb:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement action to the Director of the Division of Water Quality.
The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.6A(2);Failing to
apply for or secure,and/or act in accordance with the terms,conditions,or requirements of a permit required by
NCGS 143-215.1. You have failed to correct the stormwater permit violations outlined in the Notice of Violation
sent to you on June 12,2001.
If you have an explanation for this violation that you wish to present, please respond in writing to me
within ten(10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
By copy of,this letter to the Building Inspector, this Office is requesting that the Building Inspector
consider withholding building permits and Certificates of Occupancy for this project until this matter is
satisfactorily resolved.
If you have any questions concerning this matter,please contact Noelle Lutheran at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\mnl S:1WQSISTORMWATIENFLETR1881104.may
cc: David Criser, P.E.
Carolina Shores Bui.ldingg_�Inspections
Wilmington Regional Office
Central Files
N.C.Division of Water Quality 127 Cardinal Drive Extension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

;re
appir,
.19
CROSSLEY MCINTOSH PRIOR & COLLIER _.,.'_ : r
ATTORNEYS AT L&w L e)` r
f rt .�
2451 SOUTH COLLEGE ROAD - t . E r; 1 1
WILMINGTON, NORTH CAROLINA 28412 -u,:__ �:'Cs r °, f
JOHN F.CROSSLEY* +
DOUGLAS F.McINrOSH - �� � ;'
FRANCIS B.PRIOR TELEpRotaL„ 2-9711
CLAY ALLEN COWER January 16, 2002 FAx '`9 z51-0446
H.MARK HAMLET TOLL FREB 800/499-9711
SAMUB..H.MACR E
ANDREW HANLEY
ASHLEYM.EDWARDS E-mail clayc®cmpc-law.com
BRIAN B.EDES
•Rcrmao
Wallace W. Bradsher, Jr. , Esq.
Post Office Box 84
Butner, NC 27509
RE: Leroy Wetchin and Roseann Wetchin, et al v.
Ocean Side Corporation
(00 CVS 539 - Brunswick County)
Dear Wallace:
I tried on numerous occasions at the end of last year
and the beginning of this to speak with you telephonically about
the status of the above-referenced case. Please allow this
correspondence to update you on developments.
Stuart Egerton and I have met with state represent-
atives concerning the stormwater retention system in your
clients' neighborhood. We have retained an engineer to evaluate
the system and make suggestions. I believe that we have
negotiated a potential agreement whereby certain modifications
can be made to the stormwater retention system which would
satisfy any potential concerns of state regulators . However,
before proceeding with a consummation of the deal, I want to
include you and your clients in the process to ensure their
satisfaction.
This is why I have been calling you. I would very
much like to speak with you about this matter at your earliest
possible convenience. I believe that we could negotiate a
solution to the concerns of your clients which would satisfy
both them and the State and make improvements to the stormwater
management system in Cedar Tree. However, my clients and their
carrier are loathe to incur the expense of any such improvements
without input from your clients and some sort of agreement that
the work will preclude any further litigation on this subject.
Please call me or Stuart Egerton immediately to
discuss this matter. We would like to proceed as quickly as
possible to negotiate an agreement which would satisfy both your

Wallace W. Bradsher, Jr. , Esq.
January 16, 2002
Page 2
clients and the State. We would be willing to negotiate
directly or use the services of Bill Fairley who has been
previously appointed to mediate this matter. We look forward to
hearing from you and working with you further toward what we
hope will be a mutually agreeable resolution of the stormwater
management situation in Cedar Tree.
Yours very truly,
CROSSLEY, McINTOSH, PRIOR & COLLIER
°/11Clay A. llier
CAC/pbw
cc: Stuart L. Egerton, Esq.
Noelle Lutheran

CAN - AM Development Corporation, L.L.C.
6401 Orr Road • Charlotte, NC • 28213
Phone:[phone] • Fax:[phone]
Construction • Development ( r 1' r `t ILr
President: Gordon N. Titcomb
Vice President: Kevin P. Kovel SEP 2 a 2001
September 12, 2001
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Attention: Noelle Lutheran
Dear Noelle,
CAN-AM Development Corporation L.L.C. purchased the remaining platted lot's, common
areas, etc. from Oceanside Corporation on May 8, 2001. We understand the contents of your
June 12, 2001 notice of violation for Cedar Tree Development, stormwater permit
#SW8881104 were sent to Mr. McLamb on or about June 12, 2001. After our conversation
today I understand that Oceanside Corporation has still not complied with your requirements.
Our firm strongly feels that Oceanside Corporation has had adequate time to correct these
problems or issue you a plan to correct them. We (as the developers) are now suffering the
financial consequences (rather innocently) for Oceanside's errors in a plan of action to
correct non-compliance by withholding the issuance of building permits. We are requesting
that you release the Cedar Tree Development for permitting while your enforcement of the
violation goes into affect. Some of the violations have been ongoing for ten years or so and
we are simply asking that we not be held accountable for errors by the prior owners.
Sincerely,
907.ritstw
IV-
Gordon N. Titcomb
President

PATTERSON, DILTHEY, CLAY & BRYSON, L.L.P.
`,1 ATTORNEYS AT LAW
30- 16 204*\ POST OFFICE Box 2258
2214-C WRIGHTSVILLE AVENUE(ZIP CODE 28403)
WILMINGTON, NORTH CAROLINA 28402-2258
TELEPHONE [phone] RALEIGH OFFICE
4020 WESTCHASE BOULEVARD
FACSIMILE [phone] SUITE 550
RALEIGH,N.C.27607
www.pdcb.com TELEPHONE[phone]
FACSIMILE(919)829-0055
STUART L.EGERTON
WRITERS E.MPL sleepdcb.com
July 11, 2001
Mr. Rick Shiver
Water Quality Regional Supervisor
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NCDR Notice of Violation
Cedar Tree Subdivision
Stormwater Permit No. SW8 881104
Our File: Leroy Wetchin et al v. Ocean Side Corporation
00 CVS 539 — Brunswick County Superior Court
Our File No.: 020-00-0346
Dear Mr. Shiver:
This letter is a follow up to my preliminary response of June 26. It also follows my
conversation with Noelle Lutheran of your office yesterday afternoon.
As predicted in my letter, we will be unable to complete the "Plan of Action"
response that you requested by July 12. As Ms. Lutheran and I discussed yesterday, the
issues are complex and the investigation necessary to prepare a plan of action and
response will be occurring in a step by step process. One of the steps I mentioned on
June 26 was our need to receive interrogatory responses from the Cedar Tree Homeowner
plaintiffs. We don't have these responses in hand yet—the plaintiffs' attorney applied for
and obtained a 30 day extension of time to respond. Thus, we will be delayed in
presenting key information to David Criser, our consulting engineer.
We did meet with Mr. Criser before the end of June, and we subsequently met with
our Ocean Side clients last week. We anticipate we will be engaging a surveyor next week

to begin the process of providing an "as-built survey" of the ponds.
I trust you will indulge us the additional time necessary to work through this process.
If a new time limit needs to be set, please contact me next week— I will be out of the office
starting tomorrow and will return Tuesday, July 17. (I will be staying in Asheville with my
Dad, who has Alzheimer's, while my Mother is on a trip out of the country.)
With best regards, I remain,
Sincerely yours,
iii,stanii( . cilp4
Stuart L. Egerton
SLE/jm
Enclosures
cc: Joseph Hill, Jr., P.E.
W. J. McLamb, Ocean Side Corporation
Wallace Bradsher, Esquire
Sheila McLamb, Esquire
Clay A. Collier, Esquire
-2-

PATTERSON, DILTHEY, CLAY & BRYSON, L.L.P. # t o r
tt
ATTORNEYS AT LAW
POST OFFICE Box 2258
/ 4 A,
2214 C WRIGHTSVILLE AVENUE(ZIP CODE 28403) 7
WILMINGTON, NORTH CAROLINA 2 8402-2 2 58
R4LE1 iM'F.rtlC R
TELEPHONE [phone] 4020 WESTCHASE BOULEVARD arm.
FACSIMILE [phone] SUITE 550
RALEIGH,N.C.27607
www.pdcb.com TELEPHONE [phone]
FACSIMILE 1919)829.0056
STUART L.EGERTON
WRItRSE-MAIL:sleepdcb.cam
June 26, 2001
Mr. Rick Shiver
Water Quality Regional Supervisor
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NCDR Notice of Violation
Cedar Tree Subdivision
Stormwater Permit No. SW8 881104
Our File: Leroy Wetchin et al v. Ocean Side Corporation
00 CVS 539 — Brunswick County Superior Court
Our File No.: 020-00-0346
Dear Mr. Shiver:
I am one of the attorneys of record defending Ocean Side Corporation in the above
referenced lawsuit. It has been pending in Brunswick County since the spring of 2000.
In connection with my representation, I have received a copy of your June 12, 2001 letter
to Mr. W. J. McLamb of Ocean Side Corporation. Please allow this letter to serve as a
preliminary response.
First, I'll observe the May 31,2001 visit by the Regional Office personnel to perform
a Compliance Inspection at Cedar Tree has not occurred by mere coincidence. As Mr.
Leroy Wetjin appears as a copy recipient of your correspondence, I am led to conclude
that he went to your offices at or around the time his "day in court" against the developer
was continued from the Superior Court trial calendar on May 21. In other words, the
Compliance Inspection occurred the week after the matter would have been heard in court,
but for the continuance motion presented by the attorney for the Cedar Tree plaintiffs.

"VIOLATIONS" LIST:
There are three violations cited in your letter, and I want to offer some thoughts on
these well before the July 12 deadline, in order to show you the history of this matter and
where we stand at present.
As to the first"violation"cited, "failure to record required deed restrictions in the
restrictive covenants for Cedar Tree Subdivision", I note that the restrictions were
originally recorded 12 years ago, and amended 8 years ago. These restrictions were
authored by attorney Mason H. Anderson, formerly an officer and shareholder in Ocean
Side. Mr. McLamb bought out Mr. Anderson's interests in 1997. In any event, the
documents recorded in the Registry speak for themselves, and if the language of the
November 22, 1988 letter signed by Mr. McLamb was omitted in Mr. Anderson's
preparation of the documents, it appears we've discovered a problem from those days
gone by. (I haven't run down to the Registry yet to inspect full copies of the "Master Plan"
restrictions.).
I am curious, however,whether your Compliance Inspection at the project revealed
whether any sites in Cedar Tree were observed to have over 3,000 square feet of
structures or paved surfaces. While the documents of record in the Registry should have
included the paragraph concerning the 3,000 square feet restriction, perhaps in practice
the architectural review control retained by the developer prevented any
overbuilding on the lots. We plan to look into this since you have cited it to us.
The second violation states "failure to maintain pond in accordance with
approved operation and maintenance plan." The issue raised here is central to Mr.
Wetchin's lawsuit and our defenses, and would have been resolved in Superior Court
during the week of May 21 had there not been a continuance. First, the Cedar Tree
Property Owner's Association, Inc. did maintain the ponds and grounds at Cedar Tree, at
least until the plaintiffs group, presumably led by Mr.Wetchin, began to withhold their dues
which were to be paid to the Cedar Tree Property Owner's Association, Inc. They
organized "Cedar Tree Homeowners' Association" (the name you use in your letter) and
have been presumably maintaining the grounds and the ponds since then from monies
paid to the new "HOA". (Please note the distinction between these two entities— Cedar
Tree Property Owner's Association, Inc. (the "POA") is the original association set up at
the inception of the development. The new "HOA" is an ad hoc group of homeowners
aligned with Mr. Wetchin.)
Ocean Side, the developer, retained a level of"developer's control" of the Cedar
Tree Property Owner's Association, Inc. through the rules of the restrictive covenants. In
this role, at least until shortly after Hurricane Floyd, it engaged a company known as
"Aquagenix" to make monthly inspections for maintenance of the Cedar Tree retention
ponds. Records show the grounds were mowed and the ditches were periodically "bush
hogged" during the same period until the homeowners began to withhold their dues in
early 2000. (We are going to research checks and invoices of the year 2000 to see
-2-

whether there was any mowing or bush hogging after the dues were withheld.)
The developer, Ocean Side Corporation, performed the"management services"for
Cedar Tree Property Owner's Association, Inc., and expended its own funds in excess of
its obligations in order to maintain the grounds and services at the subdivision. inasmuch
as it was responsible for operating the Cedar Tree POA, it had no need to "transfer the
permit" to the POA. The trouble began, and apparently continues to the date of your
recent Compliance Inspection, when the HOA (the ad hoc group) was organized and
withheld funds from the POA. Ocean Side was sued very shortly thereafter by Mr.
Wetchin, and has been in no position to expend funds for operation and maintenance of
the stormwater management system since then. Since the matter is the subject of
litigation, Ocean Side has not and did not transfer any legal responsibility for maintenance
of the subdivision to Mr. Wetchin's homeowners group.
The third violation states "failure to construct the pond in accordance with the
approved plan." In connection with defending the lawsuit, I had already obtained Joseph
Hill's plans of 1988, and I had also noted that the"outlet structure" was not in the location
shown on Mr. Hill's plans. "Field revisions", for lack of a better word, no doubt occurred,
but I have asked myself whether such field revisions were of major consequence or
whether they were inconsequential to the overall operation of the stormwater management
system at the project. Memories are dim as to why any such "field revisions" occurred,
inasmuch as construction occurred approximately 12 years ago. Still, was there
substantial compliance with the plan when it was constructed back then?
In order to pursue investigation of my question—were changes of consequence or
inconsequential?—we have retained a consulting engineer, David Criser, to visit the
subdivision and we presently have a follow-up meeting with Mr. Criser scheduled
this week. Mr. Criser visited the subdivision on May 2, and will offer us his thoughts after
more materials are given to him for evaluation.
"MUST DO" LIST:
Your letter continues with a"must do"list,and I'll offer preliminary thoughts on this
listing, as well. First, before doing so, let me advise that Ocean Side Corporation sold
all of its remaining lots and assigned its developer's rights and responsibilities to
CAN-AM Development Corporation, LLC on May 9, 2001. I was not involved in this
transaction, inasmuch as I am retained simply to defend the lawsuit. Nonetheless, I am
enclosing copies of the deeds which I have found were recorded in the Brunswick County
Registry on the date of closing. This sale of all of Ocean Side's interests in Cedar Tree
may well impact its ability to respond to your "must do" list.
Responding to the list by correspondingly numbered paragraphs:
1. For now, the "plan of action" from our end will be to continue to meet with
David Criser this week to investigate the current status of Cedar Tree vis a vis the original
-3-

plans of Joseph Hill in 1988. We will look at them with an eye toward determining whether
field revisions were of consequence or inconsequential, and whether the construction was
in substantial compliance with the plans.
We will also continue to prepare for the trial of Mr. Wetchin's lawsuit.
Defendant's First Interrogatories and Request for Documents have already been served,
copies of which are attached, that should inform us more of when, where and how the
water rises in the Cedar Tree Subdivision. The lawsuit itself says that Cedar Tree
Subdivision has "flooded twice in the three years" prior to its filing. We interpret this to
mean the floods that came with the two hurricanes, Bonnie and Floyd, which caused
widespread flooding damage in south Brunswick County and elsewhere in the state. It has
been my understanding that Ocean Side Corporation was not required to build a
stormwater management system to withstand 100 year and 500 year flood events.
Our court-ordered Mediated Settlement Conference occurred in April, and was
adjourned so that both sides could hear suggestions from a consulting engineer. The
defense has been willing to let David Criser study the situation at Cedar Tree, and if he
found that the system was not built in compliance with regulations, we could review his
suggestions for feasibility and perhaps consider funding remediation efforts in lieu of
facing the possibility of a money judgment if the lawsuit were tried.
During our earlier site meeting with Mr. Criser, he told us he would need more than
anecdotal evidence supporting the plaintiffs' allegations concerning the flooding in the
subdivision. We are seeking such evidence through the written interrogatories which were
served on the plaintiffs' attorney on May 31. If these interrogatories are answered
within the 30 days allotted, we may have sufficient information for Mr. Criser to
assist us with a response for you by July 12. However, if under the Rules of Civil
Procedure, the plaintiffs' attorney obtains a 30 day extension of time to answer the
interrogatories, we will not have the information until the end of July. Thus, we may be
delayed in further preparing a "written plan of action".
Finally, our plan of action must focus on preparing for trial during the week of
August 28, the week the Trial Court Administrator has rescheduled it once it was continued
from the May 21 calendar. Inasmuch as Mr. Wetchin appears to be seeking the
assistance of your office for leverage in his lawsuit,and perhaps for court testimony,
we may need to depose those from your office who performed the site inspection
on May 31.
2. The list requires the developer to record the "built upon area limit" in future
restrictions on remaining unsold lots. This is a matter that will have to be addressed with
the new owner of the those lots, CAN-AM, inasmuch as Ocean Side will no longer be the
conveying party on future deeds. Although I don't represent the new owner, and have
never spoken to anyone involved with CAN-AM, I will go out on a limb and predict
cooperation on this item.
-4-

3. Summarizing, this paragraph requires repair of eroded areas around the
ponds, seeding with permanent vegetation, mowing and verification of pond depth. Again,
this appears to be a matter that will need to be addressed between the current
homeowner's association and CAN-AM. I will, however, offer that Ocean Side did not have
the wherewithai to accomplish these tasks through its operation of the Cedar Tree PGA
after Mr. Wetchin's HOA group withheld its financial obligations.
4. As for preparing and providing an as-built survey of the pond, let me withhold
our commitment on this until we review matters with Mr. Criser. He may need the benefit
of the discovery answers as well as other input before giving us his recommendations. I
don't know whether we can accomplish this by July 12 or not.
Finally, let me address the end of your letter,where you tell Ocean Side that you've
requested that the building inspector consider withholding future building permits for the
project until the matters raised in your letter are satisfactorily resolved. First, I haven't
researched statutes and regulations, but could you save me time and cite the
authority for your agency to make such a request to a county or municipal building
inspector? Is there a formal N.C.Attorney General Opinion, or an Assistant Attorney
General I could talk to who has given an opinion that there is such authority?
Second, we believe most of your anecdotal information has come from Roy
Wetchiai,who certainly has a secondary-gain motive for providing a one-sided view
of the situation to NCDENR. A review of the iawsuit, a copy of which is aiso provided,
demonstrates that there are numerous other issues between Mr. Wetchin and the
developer, separate and apart from the stormwater management questions. It would be
a shame to see your office become involved in requesting that building permits be
withheld, to the detriment of the new developer, CAN-AM, when there has not been
a full and fair hearing from Ocean Side concerning, as Paul Harvey would say, "the
rest of the story...".
I stand ready to offer further thoughts concerning this matter, and invite you to give
me a call at your convenience.
Sincerely yours,
Stuart L. Egerton
SLE/jm
Enclosures
-5-

cc: Joseph Hill, Jr., P.E. (without enclosures)
W. J. McLamb, Ocean Side Corporation (without enclosures)
Calabash Building Inspections Office (without enclosures)
Wallace Bradsher, Esquire (without enclosures)
Sheila McLamb, Esquire (without enclosures)
Clay A. Collier, Esquire (without enclosures)
-6-

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE.
SUPERIOR COURT DIVISION
COUNTY OF BRUNSWICK on CvS 539
LEROY and ROSEMARY WETCHIN, )
REGINALD N. and LIN ADDINGTON, )
• JERRY and BETTY ARMSTRONG, )
JAMES H. BARKER, STANLEY and )
ELISSA J. BERGER, VIRGINIA M. )
BOLLINGER, ROBERT J. BORSTOCK, )
THOMAS and LINDA HERNCANE, ) •
ROBERT H. and JOAN HERRE, MARVIN )
B. HULL, ELMER and MARGARET KRONEN,)
OLIVIA N. LIEB, HAROLD and JEAN )
LIGHTWEIS, VIRGINIA A. LUCERC, KARL )
and LAVONNE LEINFELDER, RONALD and )
GEORGANNE GARBUS, JOSEPH and )
MARIA MARSHALL, MARY MCGINN. )
GRACE MINERVA, IRVING and TRUDY )
ROSNER, FRANK and BARBA SCHLEDORN,)
CARL and CAROL SCHWARCH, WALTER )
and EILEEN SKAWINSKI, ARTHUR and )
JANET PAIGE, SUSAN TAYLOR, JOHN and )
ROBERTA TARANTINO, RICHARD and ) DEFENDANT'S
DELORES WILLIAMS, ) INTERROGATORIES
Plaintiffs, ) AND
) REQUEST FOR PRODUCTION
vs. ) OF-DOCUMENTS
TO PLAINTIFFS
OCEAN SIDE CORPORATION, )
)
Defendant. )
TO: ALL NAMED PLAINTIFFS, by and through their attorney of record,
Wallace Bradsher, Esquire
P.O. Box 84
Butner, NC 27509
Please take notice that these interrogatories are propounded pursuant to Rule 33
of the North Carolina Rules of Civil Procedure and should be answered under oath within
30 days from the date of service.
PATTERSON,DILTHEY,CLAY&BRYSON,L.L.P.
Attorneys at Law
Wilmington,North Carolina

The words used in this document have been selected for their common meanings,
and no particular magic of punctuation or sentence-construction is intended. Please
resolve any doubt about the meaning or intent of any phrase or combination of phrases
by arriving at an interpretation that permits the interrogatory or request for document(s) to
address relevant, even productive, area of inquiry. (If you are in a kindly frame of mind,
you may wish to say a small blessing for the author who has refrained from burdening you
with page upon page of instructions and demands.)
INTERROGATORIES
1. State the name and address of any person or persons who have participated
in the provision of information and preparation of answers to these interrogatories.
ANSWER:
2. With respect to paragraph 46 of the Amended Complaint, where plaintiffs
allege"[that]the Cedar Tree Subdivision has flooded two times in the last three years...",
please identify:
a) The specific dates when the two floods occurred, and, if applicable,
the name of the hurricane or tropical storm associated with the flood events.
ANSWER:
b) The name of the owner(s) and address of each plaintiffs house in
Cedar Tree that experienced the entry of flood waters into the house, garage or crawl
space during the floods, specifying whether such house experienced water entry on one
or both occasions.
ANSWER:

c) For each plaintiffs house identified in 2(b) above, state the dollar
amount for repair expended by the owner to repair and/or clean the flood damage.
ANSWER:
3. Other than the two occasions referred to in the Complaint, have there been
other occasions when flood waters have risen in the Cedar Tree Subdivision to a point
where water has entered a house, garage or crawl space?
ANSWER:
a) If so, provide the specific dates when the flood events occurred, and,
if applicable, the name of the hurricane or tropical storm associated with the flood events.
ANSWER:
b) If so, provide the name of the owner(s)and address of each plaintiffs
house in Cedar Tree that experienced the entry of flood waters into the house, garage or
crawl space during a flood event described in response to this interrogatory.
ANSWER:

c) If so,for each plaintiffs house identified in 3(b) above, state the dollar
amount for repairs expended by the owner to repair and/or clean the flood damage arising
from flood events identified in response to this interrogatory.:
ANSWER:
4. Identify by name, address and employer any person known to plaintiffs who
has knowledge that defendant failed to "...maintain the drainage ditches in and around
Cedar Tree Subdivision thus...making the land subject to annual flooding..." as alleged in
paragraph 52 of the Amended Complaint.
ANSWER:
5. With respect to paragraph 67 of the Amended Complaint, state the date
plaintiffs contend defendant "abandoned the maintenance of Cedar Tree Subdivision in
the face of excessive flooding...".
ANSWER:

6. Identify each person whom plaintiffs expect to call as an expert witness at the
trial of this action, stating with respect to each expert:
a) Name and address;
ANSWER:
b) The name and address of the expert's employer or if self employed,
the name and address of the expert's trade or business name;
ANSWER:
c) The expert's field of expertise or Specialization;
ANSWER:
d) The expert's education and qualifications;
ANSWER: •

e) The subject matter on which the expert is expected to testify;
ANSWER:
f) The substance of all facts and opinions to which the expert is expected
to testify;
ANSWER:
g) A statement of all facts upon which the expert is relying as essential
to his or her opinion(s);
ANSWER:
h) A summary for the grounds for each opinion;
ANSWER:

i) The substance of the opinions held by the expert with reference to this
case;
ANSWER:
j) Identify all reports prepared and/or submitted by the expert with
reference to any aspect of this case (identifying the date, to whom the report was
addressed, and all third parties having copies of such report);
ANSWER:
7. As to each expert identified above, state the following:
a) Identify each document, report, photograph, videotape, map or plat,
or any other document or object provided to the expert with reference to this case.
ANSWER:

b) Identify specific documents, standards, texts, journal articles,
publications, or other materials reviewed, consulted or relied upon by the expert in
formulating facts or opinions in this case.
ANSWER:
REQUEST FOR PRODUCTION OF DOCUMENTS
8. Pursuant to Rule 34 of the North Carolina Rules of Civil Procedure, you are
hereby requested to produce and permit the defendant, or someone acting on its behalf,
to inspect and copy the following documents which are in the possession, custody or
control of any of the plaintiffs or their attorney:
A. All photographs which show and depict any damage sustained by any of the
plaintiffs during any of the flood events described in the preceding Interrogatories.
RESPONSE:

•
•
B. All other photographs depicting any other flooding in Cedar Tree which is the
subject matter of plaintiffs' complaint.
RESPONSE:
C. All photographs of the ditches in and around Cedar Tree that plaintiffs
contend show inadequate maintenance.
RESPONSE:

D. All estimates for, and documentation of, the costs of repair of any flood
damage to any house owned by any of the plaintiffs within Cedar Tree.
RESPONSE:
E. A copy of any expert's report containing information concerning the subject
matter on which the expert may testify, or the substance of the facts and opinions to which
the expert may testify, or a summary of the grounds for each opinion.
RESPONSE:

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F. All maps, surveys, drawings, diagrams, or renderings of the Cedar Tree
Subdivision, including its drainage system, in possession of the plaintiffs.
RESPONSE:
G. Any reports, memoranda, studies, permits, minutes or notes of meetings, or
documents from local, state or federal agencies concerning the Cedar Tree Subdivision
and its drainage system.
RESPONSE:

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H. Any notes, memoranda, diary or journal entries concerning the Cedar Tree
Subdivision and its drainage system in possession of any plaintiff.
RESPONSE:
I. For any house of any plaintiff identified in Interrogatory 2(b) or 3(b), a copy
of any survey of the subject house and lot.
RESPONSE:

Further, please take notice that these Interrogatories and the Requests for
Production of Documents are continuing in nature and that any information acquired after
your answers have been served upon adverse counsel, should, as soon as possible after
acquisition, be supplied to adverse counsel by way of written supplemental answers to
these interrogatories and/or produce the newly acquired documents.
The inspection and copying shall be done at the offices of Patterson, Dilthey, Clay
& Bryson, LLP, 2214-C Wrightsville Avenue, Wilmington, NC 28403 thirty three (33) days
from the service hereof, at 10:00 a.m. or at such other place and time to which the parties
shall agree. The documents shall be copied by electrostatic duplication. In the alternative,
this request may be satisfied by the delivery of the requested material to the office of the
undersigned counsel on or before the above stated date.
This the 7/' day of , 2001.
PATTERSON, DILTHEY, CLAY & BRYSON, L.L.P.
By
Stuart L. Egerton
State Bar No. 9207
Attorneys for Defendant
2214-C Wrightsville Avenue
Wilmington, NC 28403
Telephone: [phone]

CERTIFICATE OF SERVICE
This is to certify that the undersigned, counsel-for defendant has this date served
the Defendant's Interrogatories and Request for Production of Documents to Plaintiffs in
the above-captioned action upon all parties to this cause by depositing the original and/or
a copy thereof, postage prepaid, in the United States Mail, addressed to the attomey(s)
for said parties.
SERVED:
Wallace W. Bradsher, Jr.
P.O. Box 84
Butner, NC 27509
Clay A. Collier, Esquire
Crossley, McIntosh, Prior & Collier
2451 South College Road
Wilmington, NC 28412
This 3/ day of 71t , 2001.
PATTERSON, DILTHEY, CLAY& BRYSON, L.L.P.
By
Stuart L. Egerton
State Bar No. 9207
Attorneys for Defendant
2214-C Wrightsville Avenue
Wilmington, NC 28403
Telephone: [phone]

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Tfl1S DEED.Made this day of �Yl
i.;w::,' : _'7._. 'tit II. by a,ui between Ucean Side ',:8'
:. Corporation,a corporation organized and existing and r the fats s of the Stine of North Carolina. . .�1? ==' Grantor; and (:AN-AM Development Corporation, i..I..C'., a limited liability conlpam �'
ice;:;:a ,_:.;<: ::; . ' p .:.
"„�..p.r, °�- ^" on uiiicd and existing under the laws of the State of North Carolina, Grantee, whose in;nhng
-. x= 'r `' address is n401 Orr Road,Charlotte
.North Carolina.29213, _
•
the designation Grantor and Grantee as used herein shall include said parties, their ..,rV A.
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�>> b�,�''• ,�-�•�. `c�i heirs,successors,and ahslgns,and shall include singular,plural,masculine,teminme or neuter as
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required by contest.
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That the Grantor for a valuable consideration paid by the Grantee,the receipt of uhlch s'
is hereby acknowledged. has and by these presents does hereby give, grant. bargain, sell and - _
convey unto the Grantee in fee simple,all that certain lot or parcel of land situated in 13mmnsu'ick ''
(aunty,State of North Carolina,and more particularly described as follows: "ti3's e`-`•e."
it
BEGINNING at a point the centerline of U.S. 17 intersects Mc • ' to ,r
.• centerline of S.R. 1167;thence with the centerline of S.R 1 167 the
following courses and distances:South 5 degrees 4'ininutcs West •A : .
1.223; South 2 degrees 21 minutes East 268.5 feet; South 1?n t
degrees I minute East 200 feet;South 26 degrees 33 minutes East
,.y
t. - .
200 feet; North 68 degrees 45 minutes'East 2R n feet; North 49
degrees 51 minutes East 58.75 feet to an iron pipe;thence with the
•
old run of the swamp as it meanders the following courses and
•
distances; North 12 degrees 2 minutes East 319.06 feet; North 7
degrees 54 minutes East 217.53 feet; North 7 degrees 45 minutes •
•
West 111.09 feet; North 21 degrees 7 minutes East 139.44 feet;
North 76 degrees 20 minutes East 143.24 feet; North 51 degrees •
38 minutes East 253.75 feet; North 12 degrees 54 minutes West
246.25 feet; North 5 degrees 58 minutes East 128.21 feet; North
47 degrees 12 minutes East 349.98 feet; North 42 degrees 22
minutes Fast 144.68 feet; North 13'legrecs 3 minutes East 75t)7
feet; thence leaving the canal,North 67 degrees 12 11ti11111cS West
•
823 feet to a point which is in the centerline of U.S. 17; thence
with the centerline of U.S. I7, South 32 dcgrecs l nurture west ;;r'
292.: to the place and Willi of beginning containing 21.7 acres net ;"
of highway right-of-way, all according to a survey by Jimmy 1. --`K= '
• Cam, <t,I..S., dated October 1980, a copy of the phi of which is
referenced hereto and incorporated herein for •:,''-•
R .(treater certainty at
- •
description. s' ._".
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- top. u: pail IS de, nhc,l belu.t• •..hteh liace hcen 1n'i1101.1s15 :--'
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1-0111.e..t!or are nut a part of thr<If.111cattlun: I.utti I. '. .•.1, s,%r
111. •1 1. _'`.26, ..'.29.32 ..1•35 U. :r, 1),411.•11. 42.•1 i,44.
�. .15 4r, 1. it). 51, 53. 5.. t�2,61. h-1 as shown on H "'J.asse map.
!ecurdeI in Map('ahntct I. Pages ec 4,1 'SU,and 251,and recision fr.
Lc-' Ill i recorded in \I:rp (abater l. Paler 340, all of the l3runtiurck
i: County. Registn_, reference: Ir, •.hu•h in ips are berth. made 'or•a
more particular(lescnptr:n.,intl
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Beginning at a punt in the eastern educ of l'ti 1" nhcrc it is
intersected by the eastern edge ill S R. 1167 at an esreintL iron
pipe,this tieing the point and place of tieginnini,,iheme\"nth 2 '"' ."
degrees i minute Last 88.h(, feet along the eastern edge of l' S. `
1 7 to an existing iron pipe; thence South 67 degrees 17 minutes
East 224.97 fc:a to an existing iron pipe:thence South 32 degrees !
z;: .:,: .': minute \Pest 56'.Ilj feet to an existing iron pipe:thence North '4 syYS
Y . degrees I?minutes West I t�4(i feet to an existing iron pipe in the 'fir`' ":
eastern edge of S.R. I Ib': thence North 0; degrees 47 minute,
East 201.51 feet along the eastern edge of S.R. 1167 to an e';stint;
- iron pine. Said iron pipe heine the point and place of beginning
and being all of that 2.75 acre tract according to a survey by,lames
4 _ ":: R. 1 nompkins, R.L.S. dated February I. l98•),howe.er excepting "rl,'- '"
from said tract the property taken by condemnation by the Staie of r ''-';w,....
North r•arolina for the expansion of L'.S. 1' to a finer lane
highw-ay.
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TO HAVE AND TO HOLD the aforesaid lot or pared of land and all privileges and • •', .
appurtenances thereto belonging to the Grantee in fee simple, subject to the covenants, .• ,' ,F
reservations and restrictions set out above. K; ,':cr
. � . , q, ar And the Grantor covenants with the Grantee that Grantor is seized of the premises in
R1 ; fee simple, has the right to convey the same in fcc simple,that title is marketable and tree and
-.� :Yf 4 ::•:' clear of all encumbrances, and that Grantor will warrant and defend title against the lawful ._.•-,-:'y-
x ` ` ' '` "= " claims of all persons whomsoever except for the exception hereinafter stated. Title to`the
- ' ' :"''. property hereitiabove described is subject to the following exceptions: " '''
1. 2001 Ad valorem property taxes .'
2. Applicable restrictions,easements,and reservations of record.
•
3. All local,county,state and federal taws and regulations relative to the zoning. . :;,.4;;.a=aj'
occupancy,subdivision,usage,construction and development of the described 4. '`• =`,
property.
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.inri -.ii tI 4t;.chair‘.trimii
?;yf,.•� ,,c, ''`�a` O('1;.1N SIl)I{( ORPOR:1I 111ti
��r'"•.•flQi i..4 s .rJ,,1.ti le Amh, •csidenl -- .
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• ti FATE(11.NO1(1 H CAROLINA
I. r,`Ylrl .'\GL_ ,a Notary Public,do hereby certify that
- \y J. Mel.al i President of Ocean n Sid Co_rporation personally appeared before I
acknott;edged,on behalf of OCEAN SIDE CORPORATION,the due execution of the
foregoing instrument and that he is authorized to sign on hchall of said cmporatton.
,
Witness hand and official seal,this 2__"_ n�t,day of `I' 2ntll '
7F' vt
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•Ai ,fro' A NOTARi PI 131.1('
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R" y•r ;'a ?;; STATE OF NORTH CAROLINA
'rF' " ' `'-" COUNTY OFBRUNSWI(:K
� ,, :; i,YNtN M Mi+NN I NG
y;Nlp,,_:„, .,,, The Foregoing(or annexed)Certificate(s)of
Notary(ies)Public is(arc)Certified to be Correct.
This Instrument was filed for Registration on this -It n Day of May 2iH)I •
in the Book and Page shown on the First Page hereof. -----Taff-114::1- ` "
It INsoN,Register of 1)ced�
.
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4 T S =C^ -^x '.a'-�° 116 "E A y� ,l - k. I.Q. y •_
i. •c a7'.' ` . .rv� • ' F ="�"a .i - -�'i` a. .• �� a�`� ' `� ;
Ihruuwick County -Register of Deeds -4 r'4'�
Robert J. Robinson ra� -
i that dl75258 Rook I46UP,ctt' 651 9d4
;IMF ,;'I ',I!•if.•\ ;; \t: 1\Ili .k ,
05/09/7.(l0I 02:4H:37fm Rrr./ t ,�0� :ti s
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• ' ()I \I'I.OF URI'\ti\Vlt'I.. r' Yi
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,
IHIS ASti1G\\II:1V'1',made this the day of �'IlF ,
, , .
r5. 71'Scu.._ _ I,by OCf :\�SIDE ,
. . ,
l'OItl'OH\1ION.a North Carolina commotion with principal offices in Brunswick County.North . - *g,�
I :Irolnra.and('AN-AJI Development Corporation,L.L.C.a North Carolina limited liability company a._,:
0- ,.nh offices in Charlotte,North Carolina.
•
\\'1'1'NESSF.I'L1 : Er
FOR VALI?li RECEIVED,Ocean Side Corporation hereby assigns to CAN-ANt Development
Corporation, L.L.C.all of its developer rights,privileges and obligations pertaining to Cedar Free
Snbdivlsion.
FOR VAI.I:E RECEIVED,CAN-AM Development Corporation, L.L.0 hereby accepts all of ,.Y'y
the de%eloper rights,privileges and obligations of Ocean Side Corporation pertaining to Cedar Tice
Subdivision.
•
IN TESTIMONY WHEREOF,Ocean Side Corporation and CAN-AM Development
Corporation,L.L.C.can and have caused this Assignment to he signed and sealed the day and year first r
...;.
•
above written.
•
• '',Pduuepu4 :
e,,GCAN�1 4 OCEAN SIDE CORPORATION
a l ,-s:i SO� a t�'',.
\' .McLamb,P silent --- - '
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•
CAN-AM DF:Vh;LOPMI.VI CORPORATI(?N,L.1..('. i.
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of ,.;.'
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- ,.„ _ -• '1A2 ram.,,,,. .,g - , Notary Public,do heresy certify that(-Jordon- lilt milli,Urg•niter,\lembei•-Mlanager of C'AN-AM Development Corporation,I..I..C'.personalh cane
before me this day and acknowledged that on behalf nl'CAN-Ah'1 ne t c ioprnm C corpttnninn,I.,I .(',the
due execution of the toregomg rnstniment and that he is aulhorved to sum on behalf of said cor),oration �;_,
_:. , •
•• `•: `� ? ,3.�1•F•I;�,( ny hand and official scat. 1
�'ti:. Np� %y 1 I tis•.—t day ol. /1�J - _'11111.
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• wOgi. ;ar.` S'1'A'I'E OF NORTH CAROLINA :
m `$3 :... COUNTY OF : -. _:.
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•
�,Notary Public,do hereby cenil'y that itic,in P "1
�: l:ovcl.Org r» ihtcmbcr-Manager of f'A\-A11 Development C•orporltion, ..L C'.personal1;i c:me
,v•p.'.P - before me this day and acknowledged that on behalf of CAN-AM Development Cotporation, I..L.('. t
1:. .�v„, due execution of the foregoing instrument and that he is authorircd to sign on behalf of said corporation.
e�gg g glullnrrin4 '
`• �:: • �`�y 1T!VE16�jrrfrE�r`hand and official seal,this dayof f _ 2001.
•
`. 5i:. s • 'tj. ...........N ,,. '4. _- K, ter_.; •" ,','.
•
.. = 7 : G. 4• Z = � w fir-:. � ._
1 tr'• >: J f41y t `i• ..... t: 01 d NOTARY PUBLIC .
s.
STATE OF NORTH CARUI.INr� i
�' COUNTY OF HItl1N51V1t'K
The hurcsoinE(or annexed ('• (.) .-4-:A t�
it , �s .' Notlry(ie%)Public is cue)Certified to he correct.
—� ___ rj3 `
�� i'�'''' ' This Instrument was filed for Registration on this ••r i _I)ayof
. a
,a
1,t` ilf- in the Itcnsk and P.I,;e shown.,n the I ii..1 Page her;;;;I.- _ '- � "
�}(�-ter) jJ`y,7�—'.•.-•" ��
Rt) I' 'J,)tli i?:tii1,*i,kr9iar!rrof nerds

•
•
Tiq
•
.v ;d ,- nyyy
na ' I Ills \Stil(:V111:1'I',rn•III• ('us the (Ln nl' t .3 ryp
2 r {tllf'UIl r,.r rinl.!.y Ot"! t� tl)F :
l't �' s,I"I(Tti,.1 North('arnilna.'orpor.lnon nrlh principal office,.in firunsnlrk('Inmtt" ,oh �'�_:
4 ; x7 Y`, y` ri n:,!rrl.I tin('(cdar I t ce Pro/writ Owners Association.Inc.;r Nn
:,1� . . v.1111r u•\o rth Carolina aF,n profit.,:rpFrtatl)ll .:•.:::
xi, ., _'.�. F .1111('eti In x' rth
� _uMnF.>: NY I rti1 tiSF:'r II :
f: ,
i OR t ALI I• RI(-riwI? ).Ocean Side Corporation hereby assigns to Cedar Tree Propel s'
t'rcncr:s Association. Inc,all of its rights,prn'ilcgosand obligations pertaining to thin easem('rlt«inch is
riconlcd in iislap( ahinel I•,Page 205 and Easement Agreement rcctudcd to B loi. 766,I':iLe I()'4 at the
iirunst irk('aunty Register of Deeds Office.
IN TESTIMONY WHEREOF,Ocean Side Corporation can and have caused this Assignment
,,.to be signed and scaled the day and year first above written 'Mi.
`
(,1(Itltr111„,,,. 4 1 '
t r • r
a wQ ,c� �ti�`'r' OCEAN SIDE CORPOR:1'!'ION
i A:, ��'• '�` By: '"-;%� .-; ,r
•▪ '▪ •• O W,..:r , pre __(SEAL)
�'IcLam ent
•
i •
STATE OF NORTH CAROLINA Torts .•. E�.^T :ca r2
t- COUNTY UFO /a v r}'` .. '''`
;.r:•- — •-/.. nECa.�...,..,CK AM1 CK I p 1 r .
_42tAti /)aa-`f- —,Notary public,do hereby certify that W.J.
' McLamb,President of Ocean Side Corporation personally came before me this day and acknowledged .(w-'a -
�'
k
I --,�� .h that on behalf of Ocean Side Corporation.the due execution of the foregoing instrument and that Il is ,.��P
z a`a��tt-Nl�t`ttl' d to sign on behalf of said corporation.
„ ,.? •• �. v .... . rP ration.
? `;i _ NO t� ti_ NESS my handand official -, t`-I
•.. t , a i 9;s _ seal,this day of, � 2(101.
1?* art % LtC%~~IC �\� — . f 1�[Y f•1 .. ( a
NOTARY PUBLIC
r
bV' If,�rrttlUiVtEommission expires:
A�
e 1 r i'• STATE OF NORTH CAROLINA .3 Y
`*d' COUNTY OF BRUNSWICK
x y ` ,..
a 'Y u';x•' .;• The Foregoing(or annexed)Cerlificate(s)of _.YN;1 M ;dANPtiN(: :-
9s. 'ss Not ry res Public ,: ;..
( 1 is is(are)Certified to be Correct. x
7.r _ This instrument was filed for Registration on this •r•1• Dav of t,44 , 04 [C41_ tte•-.7 -,'-•-•.;..-..........4.t,
_-•;?` ' in the Book;end Far shown on the First Page herwf.
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iL,- . ram:• - tct) a: i.xr) ityti()x,ReRistcrotUeeda s �':;: n:.

STATE, OF NORTH CAROLINA File N
UO Gr/S .531
County F ,E ; In The General Court Of Justice
❑ Districtrior Court Division
re' !^. t -
Name Of Plaintiff L e Itotseo.n C• 1.0Se taZ• :4'45ANCI`t.,.,g� '' 'f- '
Address
`Il41 -ec cree. -ore.. c5 Z CIVIL SUMMONS
City,State,Zip
VERSUS G.S. 1A-1, Rules 3, 4
Name Of Defendant(s)W (C\CLlQ• b
13 tde, b( 0' 1 p n ❑ Alias and Pluries Summons
Date Last Summons Issued
To Each Of The Defendant(s) Named Below:.
Name And Address Of Defendant 1 Name And Address Of Defendant 2
clAtIO-cr•b
Ott0.4 S; L " et CC oct
Co�tabosl.J 1S C, a c q(49
A Civil Action Has Been Commenced Against You!
You are notified to appear and answer the complaint of the plaintiff as follows:
1. Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff's attorney within thirty (30)
days after you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it
to the plaintiff's last known address, and
2. File the original of the written answer with the Clerk of Superior Court of the county named above.
If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.
Name And Address Of Plaintiff's Attorney(If None,Address Of Plaintiff) Date Issued Time
t1�7`0.\\o u LA. Dr046L14 r. 3/o o . . /ia PM
814. �'4 Signatu
« `5 6 Deputy SC ❑ Assistant CSC ❑ Clerk Of Sup ' urt
ri
ENDORSEMENT Date Of Endorsement Time
This Summons was originally issued on the date El AM El PM
indicated above and returned not served. At the Signature
request of the plaintiff, the time within which this
Summons must be served is extended thirty (30) ❑ Deputy CSC El Assistant CSC ❑ Clerk Of Superior Court
days.
NOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is
$15,000 or less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory
arbitration, and, if so, what procedure is to be followed.
AOC-CV-100
Rev. 9/96 (Over)
1997 Administrative Office of the Courts

•
•
CO P� _3 �: t ►• I
APR i
NORTH CAROLINA =gu ;2, : IN THE-,GERAL COURT OF JUSTICE
BRUNSWICK COUNTY SUPERIOR COURT DIVISIONN
FILE NO. 0 0 c 53 I
LEROY WETCHIN and ROSEANN WET IN, )
INDIVIDUALLY, AND LEROY WETCHIN )
ON BEHALF OF THE )
CEDAR TREE HOMEOWNER'S )
ASSOCIATION, )
Plaintiff, )
)
vs. ) COMPLAINT
)
OCEAN SIDE CORPORATION, )
Defendant. )
NOW COMES the Plaintiffs, Leroy Wetchin and Roseann Wetchin,individually
and Leroy Wetchin on behalf of the Cedar Tree Homeowner's Association,by and
through their undersigned attorney and hereby complains of the Defendant, Ocean Side
Corporation, as follows:
1. That Leroy and Roseann Wetchin are residents and citizens of Brunswick
County.
2. That The Cedar Tree Homeowner's Association is an association of
homeowners that own residences within a subdivision called"Cedar Tree,"
which is entirely situated in Brunswick County.
3. That Leroy Wetchin is the duly authorized agent of the Cedar Tree
Homeowner's Association.
4. That Ocean Side Corporation is a North Carolina Corporation with its
principle place of business in Brunswick County,North Carolina.
5. That on or about April 22, 1993, Ocean Side Corporation filed an"Amended
Consolidated Master Declaration and Development Plan for Cedar Tree" with
the Brunswick County Register of Deeds.
6. That on December 6, 1991, Ocean Side Corporation did grant a North
Carolina General Warranty Deed to Leroy R. Wetchin and Roseann C.
Wetchin, for lot 41 of the Cedar Tree subdivision more specifically described
in book 64 page 724 in the Brunswick County Register of Deeds.

7. That within said warranty deed the grantor stated"the lot herein conveyed is
made subject to and bound by the master declaration containing the covenants,
reservations, and restrictions with respect to the use of the lots herein
conveyed as recorded in Book 782 Page 395 of the Brunswick County
Registry."
8. That all homeowners within the Cedar Tree development who are members of
the Cedar Tree Homeowner's Association(hereinafter the Association),
received general warranty deeds with the same provision that subjecting all
homeowners to the restrictive covenants of record, and also bind the grantor to
the same.
9. That the Plaintiffs were promised by the Defendant that their property would
have an underground irrigation system and that they would have use of the
clubhouse, a private security entrance, tennis courts, a pool and Jacuzzi, and
other amenities as set forth in the"Cedar Tree Standard Specifications and
Features."
10. That in fact Plaintiffs were given said specifications as an inducement to
purchase their home in the Cedar Tree Subdivision.
11. That Plaintiffs were given an implied warranty of habitability from Defendant
with regards to the purchase of their land in the Cedar Tree development.
12. That the Defendant actually constructed the Cedar Tree development in the
middle of the Persimmom Swamp.
13. That the Defendant never disclosed to any homeowner that Cedar Tree was
developed in the middle of swamp land.
14. That the Defendant has failed to construct an underground irrigation system,
despite the Defendant sending all homeowners an estimate dated February 11,
1999 for the cost to install said system.
15. The Defendant has failed to maintain driveways, lawn and shrubbery in the
front yard, and mail and newspaper receptacles as set forth in Section 9.3,
section 10.1, section 12.3, and section 4.1 in the master plan.
16. That the Defendant illegally took out this requirement by amending the master
plan without the consent of the homeowners, and in fact the above described
maintenance has never been performed since the first homeowner moved in.
17. That the Defendant has illegally failed to pay annual assessments on lots
owned by the Defendant as set forth in section 7.4 and section 7.5 of the
master plan.

•
18. Upon information and belief the Defendant has collected fees from the
Plaintiffs as required by the master plan and has misappropriated said monies
to operations other than the maintenance of Cedar Tree Subdivision.
19. That upon information and belief that in 1997 the Defendant misappropriated
the reserve fund as described in section 7.2e of the Master Plan, and there is
no reserve fund in existence even today as required by said section 7.2e.
20. That the Defendant has been charging the Plaintiffs fees to act as Cedar Tree's
management company, and they have failed to provide repairs, failed to keep
drainage ditches cleaned, failed to make clubhouse repairs, and have allowed
the clubhouse to be in such a state of disrepair that it was declared unusable
by the North Carolina Department of Health and Human Services.
21. That the Cedar Tree Subdivision has flooded two times in the last three years,
and the Federal Government has spent an estimated$400,000.00 to date to
repair flood damage and the Plaintiffs have spent nearly $200,000.00 on
repairs of said flood damage.
22. The Defendant has known about the flooding problem and has not done
anything to the drainage system to correct the problem.
23. That upon information and belief the Defendant collects a substantial amount •
of dues from the Plaintiffs each year for the maintenance and operation of the
Cedar Tree Subdivision.
24. Upon information and belief the Defendant has misappropriated, and/or
mismanaged said monies to the detriment of the Plaintiffs, depleting all
monies without maintaining all of the amenities as promised in the restrictive
covenants.
FIRST CLAIM FOR RELIEF
(BREACH OF THE IMPLIED WARRANTY OF HABITABILITY)
25. Paragraphs 1 —24 are hereby incorporated as if fully set forth.
26. That the Defendant warranted to Plaintiffs that the land conveyed to them
would be fit for residential purposes and would be habitable.
27. That in fact the land as warranted is not habitable because of excessive
flooding, and the Defendants failure to maintain the drainage ditches in and
around Cedar Tree Subdivision thus not only making the land subject to
annual flooding but also uninhabitable because of the unhealthy conditions of
standing stagnant water in a mosquito infested area.

i 1 • •
28. The Plaintiffs further allege that the lots in Cedar Tree Subdivision are
essentially worthless and that the difference between the value of their homes
as warranted, and the actual value in their present condition is equal to the
purchase price of their home plus any appreciation that would have been
gained had the Defendant complied with the implied warranty of habitability.
29. Therefore,the Plaintiffs have been damaged in excess of$10,000.00 because
of the Defendants breach of the implied warranty of habitability.
SECOND CLAIM FOR RELIEF
(BREACH OF DEVELOPER'S MASTER PLAN)
30. Paragraphs 1 —29 are hereby incorporated as if fully set forth.
31. That the Defendant had a duty to abide by its master declaration and
development plan for Cedar Tree.
32. That the Defendant without due authority amended said plan on April 22,
1993 to the detriment of the Plaintiffs,thereby depriving the Plaintiffs of
services and thereby depreciating the value of their property.
33. That the unlawful amendment of the master plan has damaged the Plaintiffs in
excess of$10,000.00.
34. That the master plan and the amended master plan have been breached by the
Defendant as described above thus damaging the Plaintiffs in excess of
$10,000.00.
THIRD CLAIM FOR RELIEF
(MISAPPROPRIATION AND MISMANAGEMENT OF DUES AND FEES)
35. That paragraphs 1 —34 are hereby incorporated as if fully set forth.
36. That the Defendant had a duty to act as trustee for the Plaintiffs in the
collecting and management of their homeowner's fees and dues under the
master plan.
37. That upon information and belief as described more specifically above the
Defendant has breached said duty and has misappropriated and/or
mismanaged said fees and dues to the damage of the Plaintiffs in excess of
$10,000.00.

•
•
FOURTH CLAIM FOR RELIEF
(UNFAIR AND DECEPTIVE TRADE PRACTICES)
38. That paragraphs 1 —27 are hereby incorporated as if fully set forth.
39. That the Defendant is in the business of developing land.
40. That the Defendant has also assumed the responsibility as serving as the
management company of Cedar Tree Subdivision.
41. That upon information and belief the Defendant has violated N.C. General
Statute 75-1.1 by engaging in unfair and deceptive trade practices against the
Plaintiffs.
42. That some of the unfair and deceptive acts include modifying the master plan
without the homeowner' consent, thereby relieving the Defendant of many
maintenance responsibilities of and regarding the Cedar Tree Subdivision,
misappropriating and/or mismanaging fees and/or dues paid for by the
Plaintiffs, inducing the.homeowners to purchase their homes by promising
amenities and then failing to provide and/or maintain said amenities,
constructing the subdivision in a swamp where the Defendant knew or should
have known the property would be subject to excessive flooding, and finally
abandoning the maintenance of the Cedar Tree Subdivision in the face of
excessive flooding and after creating very dangerous health condition in and
around the premises.
43. That as a result of the foregoing Plaintiffs are entitled to treble damages and
reasonable attorney's fees in the prosecution of this action.
MOTION IN THE CAUSE
44. That paragraphs 1 —43 are hereby incorporated as if fully set forth.
45. That whereas the Plaintiffs have alleged mismanagement and
misappropriation of dues paid as said homeowners, and whereas there is a
question as to whether the Defendant has breached their trustee obligation to
the Plaintiff,the Plaintiffs hereby ask the Court to appoint an independent
receiver of said homeowner dues while this action is pending and to further
direct this receiver to make an accounting of all monies paid to the Defendant
and how said monies were disbursed and to thereafter make an accounting to
this Court.
WHEREFORE,the Plaintiffs pray the following:

1. That the Court appoint an independent receiver to receive all homeowner's
dues and fees pending a resolution of this action.
2. That the Court appoint a receiver to make an accounting of all homeowner's
dues and fees paid to the Defendant,and to account for all disbursement of all
said monies, since the creation of Cedar Tree.
3. That the Plaintiffs have and recover damages from the Defendant in excess of
$10,000.00.
4. That the Defendant be found to have committed unfair and deceptive trade
practices, and that the Court treble all damages awarded in this case and grant
Plaintiffs an award of reasonable attorney's fees for the prosecution of this
case.
5. For a trial by jury on all issues.
6. For such other relief as the Court deems just and proper.
This the day of "atice„4. ,2000.
Wallace W. Bradsher, Jr.
Attorney for Plaintiffs
PC Box 84
Butner,NC 27509
[phone]

North Carolina
Department of Environment and Natural Resources
4
T pi 2 I
Division of Water Quality
Wilmington Regional Office
Michael F. Easley,Governor NCD EI'I R
William G. Ross,Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 12,2001
CERTIFIED MAIL #7000 1670 0005 7382 2688
RETURN RECEIPT REQUESTED
Mr. W.J. McLamb
Ocean Side Corporation
PO Box 4640
Calabash,NC 28467
Subject: NOTICE OF VIOLATION
Cedar Tree Subdivision
Stormwater Permit No. SW8 881104
Brunswick County
Dear Mr. McLamb:
On May 31,2001,Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as Cedar Tree Subdivision, located Off Hwy 17 in Brunswick. County,North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 881104,
issued to you on December 12, 1988.
The project has been found in violation of Stormwater Permit Number SW8 881104,issued pursuant to
the requirements of 15A NCAC 2H.1000.' The violations found are:
1. Failure to record required deed restrictions in the Restrictive Covenants for Cedar Tree Subdivision.
This office has received a copy of the Restrictive Covenants for Cedar Tree Subdivision. The
covenants do not include the required built upon area limit per lot. See the attached deed restriction
agreement.
- 2. Failure to maintain pond in accordance with approved Operation and Maintenance Plan.
It is the understanding of this office that the Cedar Tree Homeowners'Association has not taken legal
responsibility of the subdivision. There is no language in the Restrictive Covenants that describes
operation and maintenance of the Stormwater Management System;therefore,you are responsible
for maintenance of the system until the time you transfer the permit to the HOA. See the attached
Operation and Maintenance Plan.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

•
Mr. McLamb
June 12,2001
Stormwater Permit No. SW8 881104
3. Failure to construct the pond in accordance with the approved plan.
A Professional Engineer's Certification was received on July 29, 1993 for Cedar Tree Subdivision and
theStormwater Treatment System; however, the pond is not built according to the approved plan.
The outlet structure is not in the location shown. There is no vegetative filter. There is an additional
outlet pipe that is not shown on the approved plans. The grassed swale leading to the pond is now
an expansion of the pond.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before July 12, 2001.
2. Record the required deed restrictions on the remaining unsold lots. Provide a copy to this office.
3. Repair any eroded areas on the sideslopes of the pond and seed with permanent vegetation. Mow
the sideslopes of the pond on a regular basis maintaining a grass height of no more than 6 inches.
Verify the pond depth. If the bottem elevation is greater than 35.2', remove the sediment to the
original bottom elevation of 34.2'. Follow the approved Operation and Maintenance Plan.
4. Provide an as built survey of the pond and demonstrate that it meets the State Stormwater Rules.
You must demonstrate that the pond can handle the runoff from all of the lots including those that
have already been sold at full built out potential or 100% impervious coverage. Provide a
Professional Engineer's Certification when work is complete.
Failure to provide the "Plan of Action" by July 12,2001, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the
initiation of enforcement action which may include recommendations for the assessment of civil and criminal
penalties,pursuant to NCGS 143-215.6A.
By copy of this letter to the Calabash Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project
until this matter is satisfactorily resolved.
If you have any questions concerning this matter,please call Noelle Lutheran at(910) 395-3900.
Sincerely,
Cam• C V— -/ -4)\ Q- 1
Rick Shiver
Water Quality Regional Supervisor
RSS:\nml S:\WQS\STORMWAT\NOTICE\881104.JUN
cc: Joseph Hill, Jr.
Calabash Building Inspections
Noelle Lutheran
Central Office
Roy Wetgen, Homeowner

OCEAN SIDE CORPORATION
(i17.71 REAL ESTATE DEVELOPERS
HWY.179 IN CALABASH
P.O.BOX 4640 MASON H.ANDERSON
CALABASH,NORTH CAROLINA 28459 PRESIDENT
BARRY].SMALL LOCAL TELEPHONE[phone] Hra.McI.AMF3 JR
GENERAL MANAGER N.C.1-800-422-8092 SECRETARY-TREASURER
OUTSIDE N.C.1-800-443-4819
c S l l
November 22, 1988
Mr. Mark Hawes
N. C. Division of Environmental Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Subject: Cedar Tree at Calabash
Stormwater Management Plan
Restrictive Covenants Limiting "Built-Upon" Surfaces
Brunswick County
Dear Mr. Hawes:
The following statement will be included in the Restrictive Covenants
for Cedar Tree at Calabash Subdivision:
"No more than 3,000 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. This covenant
is intended to insure continued compliance with stormwater
runoff rules adopted by the State of North Carolina and therefore
benefits may be enforced by the State of North Carolina."
The following will be stated in the deed:
"This (these) covenant(s) is (are) to run with the land and shall
be binding on all parties and all persons claiming under them."
SIGNATURE
Signature
Date
VERIFICATION
(Typed or Printed Name) W. •J. McLamb
personally appearing before me and, being first duly sworn, says that the
information contained in this application and in the exhibits attached
hereto are true to the best of his/her knowledge and belief.
This- j 1st day of December 1988
/ �7ai . 7J� • Tc'iGzh-
oNOTARY PUBLIC
Lake Waccamaw, N.C. - Columbus County
Address
cc: JSH. Jr. and A.SSnr. It71; o....t....-.+ nn. nn

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, . ??,..5/Ott 10:35 FAX S434481914 JEFFCOAT MEE
s [�1OU2:003
.
OTiS ALLEm K T.
JEFFCOAT, PIKE NAPPIER, LLC JwME3 C_9U KZE?
MARK A_PArPR
ATTORNEYS AT LAW E1DON D.R7SHER,al
PATRICKREILLY
MELISSA JOHNSON EMERY
NORTH CAROLINA OFFICE:
MYRTLE s£ACH,SOUTH CARMAN OFFAC:: CALABASH,,ypHTN Mvfi7LE BEACH.SOt7?N CAROLINA OFctCEc OLD GEORG ETO7MN GE+7TER
I NGS HtGHWA" 1501 NOkTt+OAR STREET.SuITE 303 GE BEACH SW
POST110 TC FF.C1 t� POST OFFICE 90X 3678 POST iCG DRIVE.SW
YR BOX 49fi0 MYRTLE BEACH.SOUTH CAROLINA 29578
NORTH00
1•"•YR7'LE BEACH,SOUTH C�ROL7NA 29$97 CALABASH.NORTH CAROLINA Z8467
TELEPHONE(910)579-d050
TELEP
TELEPHONE(643)6Z6-9000 ELEPHONE.[phone]
FACSI I E(B43)2b-249-623I FACSIMILE 0343)448-1914
E-MAIp a..20 ecosst E' E-MA1L1D^IEwl�� n[
E-MAI L�[e-mail]
-AO M7TTE0C
IN Sc&NC
UNiEL
REPLY TO: Myrtle Beach Office '�P�O
•
February 15,2000
Ocean Side Corporation
ATTN:'W.J. McLamb
Post Office Box 4640
Calabash,North Carolina 28467 •
Re: Carolina Shores Drainage Easement
Our File No 6744-001
Dear Mr.McLamb:
As you are aware,in April of 1989,Ocean Side Corporation was granted an easement
by the Carolina Shores Prop exty Owners Associatio;Inc.to"install,construct,maintain,keep open
and in good repair drainage ponds or lakes,storm drainage pipes and ditches,water and utility lines
and landscape improvements on land owned by the Association. This easement was recorded in
Book 766 at Page 1074 at theBrun*wick County Register ofDeeds in Bolivia,North Carolina. (See
attached Easement) The ownership of this land has;since transferred to the Town of Calabash and
then eventually to the Town of Carolina Shores.
It has become evident, after heavy iains in this area,that the drainage ponds and
ditches have not been kept in good repair and in fact are filled with tree limbs and other debris,
which arc clogging pipes and causing these ponds and ditches to overflow and flood peoples houses.
Allowing these ditches and lakes to fall into disrepair is a clear violation of the terms of the
easement. The Town has been contactedby several individuals whose houses have been flooded and
they demand that steps be taken to correct these problems so that future rains do not cause further
flooding.Therefore,the Town is demanding that Ocean Side Corporation take immediate steps to
bring these drainage ponds,lakes,storm drainage pipes and ditches into good repair as required by
this easement,so that further flooding can be prevented. If steps have not been taken within thirty
(30)days from the date of this letter to correct this problem,the Town will havealternative
but
to take action itself to contract with a third party to make the necessary repairs and .hen proceed.
against Ocean Side Corporation for the reimbursement of these costs,together with Any attorney's
fees incurred. Obviously,the Town does not want to take such drastic action,however the current
situation leaves the Town with na alternative.

O .'15/00 10:36 FA1 8434481914 JEFFCOAT PIKE V1003'003
•
Ocean Side Corporation
ATTN: -N.J.McLamb
February 15,2000
Page 2
I look forward to heating from you regarding this matter in the near future so that this
can hopefully be resolved in an amicable manner. With kind regards,I am
Sincerely yours,
•
Mark A.Nappier
MAN/mas
cc: Town of Carolina Shores

CoPY
", •-
i
MASTER DECLARATION
AND DEVELOPMENT PLAN
FOR
CEDAR TREE
AN
OCEAN SIDE CORPORATION DEVELOPMENT
Prepared by
Mason H. Anderson .
Anderson & McLamb
Attorneys at Law
Shallotte, NC 28459

INDEX
Q R
MASTER DECLARATION
FOR
CEDAR TREE
Definitions 2
Property Subject to this Master Development Plan 5
Applicability 5
Mutuality of Benefit, Obligations And Duration 6
Basic Plan of Development and General Provisions 6
Basic Plan of Development 6
General Provisions 7
Water and Sewer 7
Temporary Structures 7
Completion of Structures 8
Occupancy 8
Animals and Pets 8
Storage Recepticals 8
Placement of Outdoor Clothes Drying Structures 9
Offensive and Illegal Activities 9
Parking 9
Repair or Removal of Building 9
Removal of Trees and Natural Vegetation 10
Outside Burning 10
Division of Single-Family Lots 10
Storage of Boats, Motor Homes and Travel 10
Motor Vehicles and Noise Level 10
Exterior Maintenance of Buildings 11
Television Antennas 12
Additional Rules 12
Architectural Review 12
Plans and Specifications Approval _ 12
Number of Plans to be Submitted 13
Time for Approval of Plans 13
Architectural Theme 13
Associations Right of Disapproval 14
Building Certificate 14
Mail and Newspaper Receptacles 15
Plan and Specification Approval 15
Membership, Voting Rights and Turnover 15
Membership 15
Voting Right 15
Turnover 17
Covenants for Assessments 18
Creation of the Lien and Personal Obligation of
Assessments 18

Purpose of Assessments 18
Date of Commencement of "Annual Assessments" Due
Date: Assessment Period 20
Basis of Annual Assessment 20
Special Assessments 21
Uniform Rate of Assessment 21
Changes in the Amount of Annual Assessments. . . . . . . . . , ,22
Duties of the Board of Directors 22
Effect of Non-Payment of Assessment; The Personal
Obligation of the Owner: The Lien: Remedies
of the Association: Late Fees for Resale
Certificate 23
Subordination of the Lien to Mortgages 24
Property Rights in the Common Areas 24
Members Easements of Enjoyment in the Common Areas 24
Title to the Common Areas 25
Limitation of Member's Easements 25
Easements and Rights Reserved to the Developer 28
Easement for Governmental, Health, Sanitation and
Emergency Services 28
Ingress and Egress for Utility Easements 28
Maintenance Easement for Privacy Fences, Driveways,
Lawn Care, etc 28
Construction Easement 29
Assignment 29
Maintenance Responsibilities of the Association 29
Maintenance 29
Insurance. . . . . . . . . . . . . . . 30
Property and Casualty Insurance 30
Premiums 30
Priority of Documents, Invalidation and Amendments. 31
Invalidation 31
Priority of Land Use Documents 31
Amendment and Modification 31
Enforcement 32
Specific Enforcement for Article Four 32
Enforcement - General 33
Construction of this Document 34

MASTER DECLARATION AND DEVELOPMENT PLAN
FOR
CEDAR TREE
INCLUDING
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS MASTER DECLARATION AND DEVELOPMENT PLAN Made and
entered into this the day of , by OCEAN SIDE
CORPORATION,A North Carolina Corporation with principal offices
in Calabash, North Carolina, hereinafter called the "Developer" .
W I T N E S S E T H :
WHEREAS, the TlevPl oper is travel raping certain property near
Calabash, North Carolina and desires to establish certain
covenants, conditions and restrictions on the use of certain of
its property for the mutual benefit of present and future
Owners of the property; and
WHEREAS, the Developer has incorporated under the laws of
the State of North Carolina as a non-profit corporation, Cedar
Tree Property Owners Association, Inc. for the purposes of
exercising the functions stated above and as contained in this
Master Development Plan; and •
WHEREAS, it is anticipated that the Common Areas depicted
on the map showing the property subject to this Master
Development Plan will be conveyed to the Master Association; and

WHEREAS, the Developer desires : (1) to provide for the
preservation of the values and amenities in the residential
community which is subject to this Master Development Plan and
for the maintenance, repair, replacement and administration of
such Common Areas and facilities located thereon and; (2) to
establish the classes of persons entitled to use of such Common
Areas and their respective rights, desires and obligations
relative to such use and the payment of their respective share
of the cost of maintenance, repair, replacement and
administration; and
NOW, THEREFORE, the Developer declares that the real
property as may be subjected to this Master Development Plan
shall be held, transferred, sold, conveyed and occupied subject
to the covenants, restrictions, conditions, easements, charges,
fines and liens as hereinafter set forth.
ARTICLE ONE
DEFINITIONS
Section 1. 1 The following words when used in this Master
Development Plan for Cedar Tree hereinafter called, Master
Development Plan or Declaration, shall have the following
meaning:
1. 1 (a) . "ARTICLES" means the Articles of Incorporation
of the Association, a copy of which is attached hereto as
Exhibit 1 .
2.

1. 1 (b) . "ASSOCIATION" means the Cedar Tree Property
Owners Association, Inc. , a-not-for-profit corporation, whose
purpose is to administer the property which is made subject to
' this Master Development Plan.
1 . 1 (c) . "BOARD" means the Board of Directors of the
Association.
1. 1 (d) . "BY-LAWS" means the By-Laws of the Association,
a copy of which is attached hereto as Exhibit 2.
1. 1 (e) . "COMMON AREAS AND FACILITIES" means the Club
House, Swimming Pool, Tennis Court and Parking Complex, the
Drainage Ways, Ponds, Lakes, Roads, Medians separating lanes of
travel in the road and any area designated as "Common Areas" on
any map filed of public record by the Developer subject to this
Master Development Plan.
1. 1 (f) . "DECLARATION" means this document. This
document may also be referred to as the Master Development Plan.
1. 1 (g) . "DEVELOPER" or "DECLARANT" means Ocean Side
Corporation its successors or assigns.
1. 1 (h) . "LAND USE DOCUMENTS" shall mean this Master
Development Plan (Declaration) , the Articles, the By-Laws, and
the Rules and Regulations promulgated by the Board.
1.1 (i) . "LOT" means a space on the earth' s surface to be
used exclusively for a Single-Family Detached Dwelling.
1. 1 (j ) . "MASTER DEVELOPMENT PLAN" see the definition for
Declaration above.
3 .

1 .1 (k) . "MEMBER" means every person or entity who is an Owner
of a Lot, provided that any such person or entity who holds an interest
merely as security for the performance of an obligation shall not be a
member.
1 . 1 (1) . "OWNER" means the record. Owner, whether one or more
persons or entities, of the fee simple title to any Lot situated upon
any property subject to this Master Development Plan; provided, however,
notwithstanding any applicable theory of the mortgage, shall not mean or
refer to the mortgagee, unless and until such mortgagee has acquired
title pursuant to foreclosure or any proceeding in lieu of foreclosure.
1 . 1 (m) . "RULES" means any and all rules and regulations of the
Association promulgated by the Board pursuant to its powers under this
Master Development Plan or any other "Land Use Document" .
1. 1 (n) "SUBDIVISION" , "DEVELOPMENT" or "PROJECT" means all of
the lots shown on the map recorded in Map Cabinet T at Page 249 and
Map Cabinet T at Page 250 (Map Cabinet T at Page 323 which amends the
survey for Lots 38 and 39) and Map Cabinet T at Page 251 of the
Brunswick County Registry, together with any additional property which
may be added pursuant to Article Two.
1.1 (o) . "TURNOVER" means that date following conversion of the
Class "B" Member to Class "A" Membership and upon which the Developer
conducts a special meeting of the Members for the purposes of election
of the officers and directors as set forth in Article Six of this
Master Development Plan.
4.

•
ARTICLE TWO
PROPERTY SUBJECT TO THIS MASTER DEVELOPMENT PLAN
Section 2. 1 APPLICABILITY: This Master Development Plan
shall apply to the property shown on the map recorded in Map
' Cabinet T at Page 249 , Map Cabinet T at Page 250, Map Cabinet
T at Page 251 and Map Cabinet T at Page 323 of the Brunswick
Registry. This map shows the Common Areas which are a part of
the subdivision. New areas may be added to the subdivision and
subjected to this Master Development Plan by the Developer by:
2 . 1 (a) . Filing a plat of the new area which shows the
Common Areas thereon which recites on the face of the map that
the area contained thereon and the lots depicted are subject to
this Master Development Plan; or
2.1 (b) . By filing a map showing the Common Areas together
with a Supplemental Declaration which recites that the area and
lots shown on the map are subject to this Master Declaration and
the Supplemental Covenants and Restricitons which may apply only
to that particular area as contained in the Supplemental Declaration.
2 . 1 (c) . Any new area which is added to the community pursuant
to this Article must be located within two miles of the property
presently constituting the subdivision as above described.
5.

ARTICLE THREE
MUTUALITY OF BENEFIT, OBLIGATIONS AND DURATION
Section 3 . 1 DURATION: This Master Development Plan and
the covenants conditions and restrictions contained herein
shall affect and run with the land described in Article Two and
shall be binding upon all parties having any right, title or
interest therein, there heirs, successors and assigns and shall
inure to the benefit of each Lot Owner until December 31, 2019
and shall continue in full force and effect thereafter until 60
percent of the Owners have by written vote agreed to terminate
them.
ARTICLE FOUR
BASIC PLAN OF DEVELOPMENT AND GENERAL PROVISIONS
Section 4 . 1 BASIC PLAN OF DEVELOPMENT: The Basic Plan of
Development of this subdivision is for detached single family
dwellings constructed on site as a theme community. All houses
shall be constructed according to preapproved architectural
plans which conform to the architectural theme of the community.
The Common Areas shall consist of a Club House, Swimming
Pool and Tennis Court as well as the Streets, Drainage Ditches
and any open space not included in a Lot. Other than the
Developers occupacy of the Club House during the selling phase
as a sales office of lots and homes located in the subdivision
no commercial activities shall be carried on in the subdivision.
6 .

Nothwithstanding any other provisions of this Master
Declaration this Basic Plan of Development may not be altered
or amended without the unanimous consent in writing of all the
owners of Lots in the subdivision.
Section 4 .2 GENERAL PROVISIONS: No Lot shall be used,
except for Single-Family detached residential purposes . No
structure shall be erected or permitted to remain on any Lot
other than one detached Single-Family Dwelling which shall be
subject, however, to additional limitations set out in Section
5 . 1. Nothing herein contained shall preclue the right to
maintain a sales office by the Developer in any building
located (including the Club House) in Cedar Tree so long as
such sales activity is related to the sale of Lots or Homes
within the subdivision.
4.2 (b) . WATER AND SEWER Water and sewer for each
individual home must be obtained from the public utility
serving the subdivision. The Association may however obtain
water for irrigation purposes from any other source available
to it.
4 .2 (c) . TEMPORARY STRUCTURES: Other than construction by
the Developer no temporary house, trailer, tent, garage or
other building shall be placed or erected on any Lot, provided,
however, that the Association may grant permission for any such
temporary structures for storage of materials during
7 .

construction. No such temporary structures as may be approved
shall be used at any time as a dwelling place.
4 . 2 (d) . COMPLETION OF STRUCTURES: Once construction or
improvement is started on any dwelling or other structure, it
must be substantially completed in accordance with the plans
and specifications as approved within six (6) months from date
of commencement.
4 .2 (e) . OCCUPANCY: No residence shall be occupied until
the same has been substantially completed in accordance with
its plans and specifications, and a certificate of occupancy
has been issued by the Association.
4 .2 (f) . ANIMALS AND PETS: No animals or livestock of . any
description, except the usual household pets, shall be kept on
any Lot. Should the household pet be a dog or other large pet,
it shall be kept in the dwelling or kept on a leash accompanied
by a person and shall not be allowed to run loose in the
subdivision; nor may any household pet be maintained in a pen
or other structure located outside of the dwelling unit.
4 .2 (g) . STORAGE RECEPTICALS: Every fuel storage tank
shall be buried below the surface of the ground or screened to
the satisfaction of the Association. Every outdoor receptical
for ashes, trash, rubbish or garbage shall be installed
underground, screened or so placed and kept as not to be
visable from any street or recreation area.
S.

•
4 .2 (h) . PLACEMENT OF OUTDOOR CLOTHES DRYING STRUCTURES:
No outdoor clothes poles, clothes lines or similar equipment
shall be placed on any Lot unless it be screened so that it is
' not visible from any street, recreational area or adjoining
property.
4 .2 (i) OFFENSIVE AND ILLEGAL ACTIVITIES: No noxious,
offensive or illegal activities shall be carried on within the
subdivision nor shall anything be done that shall be or become
an unreasonable annoyance or nuisance to any person whomsoever.
4 . 2 (j ) . PARKING: No vehicle shall be parked within any
street right-of-way over night in the subdivision. No truck
larger than that described as a half-ton pick-up truck shall be
parked for longer than forty-eight (48) hours on any Lot in
such a manner as to be visible to occupants of other Lots or
users of any streets or recreational area. Should this
requirement become burdensdme, the Association may grant
limited relief for a specified time period if it deems such
relief to be reasonable and expedient in the circumstances. No
stripped, partially wrecked, or junk motor vehicle, or part
thereof, shall be permitted to be parked or kept on any street
or lot.
4 .2 (k) REPAIR OR REMOVAL OF BUILDING: Any building which
may be destroyed in whole or in part by fire, windstorm or from
any other cause or act of God must be rebuilt or all debris
removed and the Lot restored to a sightly condition with
9 .

reasonable promptness, provided, however, that in no event
shall such debris remain longer than three (3) months.
4 .2 ( 1) _ REMOVAL OF TREES AND NATURAL VEGETATION: Other
than as removed by the Developer, no tree, dogwood, flowering
shrub or bush shall be removed from any lot except upon
approval and consent by the Association.
4 .2 (m) . OUTSIDE BURNING: No outside burning of wood,
leaves, trash, garbage or household refuse shall be permitted.
4 .2 (n) . DIVISION OF SINGLE-FAMILY LOTS: No Lot shall be
subdivided, or its boundary lines changed except with the
written consent of the Developer. However, the Developer
hereby expressly reserves to itself, its successors or assigns,
the right to replat any two (2) or more Lots in order to create
modified Lots .
4 .2 (o) . STORAGE OF BOATS, MOTOR HOMES AND TRAVEL
TRAILERS: No boat, motor home or travel trailer shall be
stored longer than forty-eight (48) hours on any lot unless it
be parked in a garage with the door closed. Should this
requirement become burdensome, the Association may grant
limited relief for a specific time period if it deems such
relief to be reasonable and expedient in the circumstances.
4.2 (p) . MOTOR VEHICLES AND NOISE LEVEL: No motorcycle,
motorbike, go cart, all terrain vehicle (ATV) or similar motor
vehicle except automobiles and pickup trucks shall be used on
the streets except for the purpose of coming from the state
10.

highway to a particular Lot or from a particular Lot to a fixed
location within the subdivision or the state highway. No dirt
bikes may be used within the subdivision at all under any
' circumstances . All motor vehicles operated in the subdivision
shall have quiet mufflers. Futher, no person shall operate any
such vehicle except he hold a valid drivers ' license.
4 .2 (q) . EXTERIOR MAINTENANCE OF BUILDINGS: The exterior
portion of all buildings located on any Lot shall be maintained
by the owner in a sightly condition. Specifically, the
exterior portions of all buildings, shall be painted so as to
maintain a neat appearance as an intergraded part of the
community. Likewise, since the roof is a highly visible
portion of each dwelling the roofs shall be maintained in a
sightly condition. Should the Association deem affirmative
enforcement of this provision necessary, it shall appoint an
aesthetic committee. Upon recommendation of the aesthetic
committee and concurrence by the Board of Directors of the
Association, the Association shall notify the offending
property Owner of the aesthetic deficiency, and the action
necessary to correct the deficiency, whereupon the Owner shall
commence correction of the deficiency within 15 days after
receipt of the notice. Should the property owner fail to
commence and timely correct the noted deficiency in appearance
the Association shall have the right of entry onto the lot for
the purpose of correcting the noted aesthetic deficiency. The
11.

cost of correction incurred by the Association shall be
reimbursed by the lot owner, as described in Article 13 . (1) .
4 .2 (r) . TELEVISION ANTENNAS: No outside television
antennas or satellite disks may be placed or erected on any
lot, dwelling or other structure within the subdivision, unless
it is approved by the Developer or the Association as and for
the common benefit of all of the lot owners .
4 .2 (s) . ADDITIONAL RULES: The Board of Directors of the
Association, may establish such additional rules and
regulations as may be deemed for the best interest of the
Owners in the subdivision.
ARTICLE FIVE
ARCHITECTURAL REVIEW
Section 5 . 1 PLANS AND SPECIFICATIONS APPROVAL: Other than
construction by the Developer, all plans and specifications for
any structure or improvement whatsoever to be erected on any
Lot, and the proposed locations thereof on any Lot, the
construction materials, the roofs and exterior color schemes.,
any later changes or additions after initial approval thereof,
any remodeling, reconstruction, alterations, or additions °.t.
thereto on any Lot shall be subject to and shall require the
written approval of the Association before' any such work is
commenced. In this connection Cedar Tree is a theme community
and therefore all construction shall be in accordance with the
theme established by the Developer during original construction.
12.

Section 5.2 NUMBER OF PLANS TO BE SUBMITTED: Other than
construction by the Developer there shall be submitted to the
Association two (2) complete sets of the plans and
specifications for any and all proposed improvements, the
erection or alteration of which is desired and no structures or
improvements of any kind shall be erected, altered, placed or
maintained upon any Lot unless and until the final plans,
elevations, and specifications therefore have received such
written approval as herein provided. Such plans shall include
plot plans showing the location on ,the Lot of the building(s) ,
or other structure(s) proposed to be constructed, altered,
placed or maintained together with the proposed construction
material, color schemes for roofs and exteriors thereof and
proposed landscape plan.
Section 5 .3 TIME FOR APPROVAL OF PLANS: The Association
shall approve or disapprove plans, specifications, and details
within thirty (30) days from the receipt thereof. One (1) set
of said plans and specifications and details with the approval
or disapproval endorsed thereon, shall be returned to the
person submitting them and the other copy thereof shall be
retained by the Association for its permanent files .
Section 5 .4 ARCHITECTURAL THEME: The Association shall be
guided by the theme of the community, as established by. the
Developer, in reviewing all plans, specifications and details
submitted for its approval.
13 .

Section 5. 5 ASSOCIATIONS RIGHT OF DISAPPROVAL: The
Association shall have the right to disapprove any plans,
specifications or details submitted to it by an owner, other
than the Developer, in the event the same are not in accordance
with any of the provisions of this Master Development Plan, the
written criteria or the general plan of the Lots, if the design
or color scheme of the proposed building(s) or other
structure(s) is not in harmony with the general surroundings of
such Lot or with the adjacent buildings or structures, if the
plans and specifications submitted are incomplete, or in the
event the Association deems the plans, specifications or
details, or any part thereof, to be contrary to the interests,
welfare or rights of all or any part of the real property
subject hereto, or the Owners thereof .
Section 5. 6 BUILDING CERTIFICATE: Prior to commencement
of construction, by an owner other than the Developer, a
building certificate must be obtained from the Association and
prior to occupancy, an occupancy permit must be obtained from
the Association. The Association or its agents shall have the
right to inspect all construction except that carried out by
the Developer or its agents, to insure that the structure is in
accordance with the approved plans, specifications and
details . No structure or improvement shall be made unless it
conforms strictly to the approved plans, specifications and
14.

details . These required certificates are in addition to those
required by the local, county, or state authorities.
Section 5 .7 MAIL AND NEWSPAPER RECEPTACLES: Other than
' those furnished by the Developer as a part of construction, on
any Lot, all mail and newspaper receptacles must be approved by
the Association prior to erection by any owner.
Section 5 . 8 PLAN AND SPECIFICATION APPROVAL -
NON-LIABILITY: Neither the Association nor any architect or
agent thereof shall be responsible in any way for any defects
in any plans or specifications submitted, revised or approved
in accordance with the foregoing provisions, nor for any
structural or other defects in any work done according to such
plans and specifications, their inspection being for the
purpose of aesthetics and not structural soundness or integrity
of the proposed building(s) .
ARTICLE SIX
MEMBERSHIP, VOTING RIGHTS AND TURNOVER
Section 6 . 1 MEMBERSHIP: Every person or entity who is an
Owner of a Lot subject to this Master Development Plan shall be
a member of the Association, provided that any such person or
entity who holds an interest merely as security for the
performance of an obligation shall not be a member.
Section 6.2 VOTING RIGHT: The Association shall have two
classes of voting membership;
15 .

6.2 (a) . Class "A" - Class "A" Members shall be all those
Owners as defined in Section 1 of this Article with the
exception of the Developer. Class "A" members shall be
entitled to one vote for each Lot in which they hold the
interest required for membership by Section 6 . 1. When more
than one person holds such interest in any Lot all such persons
shall be members and the vote for such lot shall be exercised
as they among themselves determine, but in no event shall more
than one vote be cast with respect to any Lot . The By-Laws may
establish procedures for voting when the title to a Lot is held
in the name of a corporation or more than one person or entity.
6 .2 (b) . Class "B"
(i) The Class "B" Member shall be the Developer. The
Class "B" Member shall be entitled to four votes for each Lot
in which it holds the interest required for membership by
Section 6 . 1; provided that Class "B" membership shall cease and
become converted to Class "A" membership on the happening of
the earlier of either of the following events :
1. When the total votes outstanding in the Class "A"
membership equal the total votes outstanding in the
Class "B" membership; or
2 . At any earlier time that the Developer, in its sole
discretion voluntarily converts its Class "B"
membership to Class "A" membership.
16 .

From and after the happening of the earlier of these
events, the Class "B" Member shall be deemed to be a Class "A"
Member entitled to one vote for each Lot in which it holds the
interest required for membership under Section 6.1.
(ii) Notwithstanding any provision in paragraph (i) of
this subsection (6 .2 b) to the contrary, the Developer shall
have the absolute unrestricted right to appoint all of the
Board of Directors (who need not be members of the Association)
until the occurrence of either of the following events :
1. One year after the Developer no longer holds title to
any portion of the subdivision; or
2 . The Developer relinquishes its right described in
clause one of this sentence.
Upon the occurrence of either (6 .2 i) or (6.2 ii) , then the
existing members shall be obligated to elect the Board and
assume control of the Association.
Section 6 . 3 TURNOVER: Prior to ninety (90) days after
the happening of the events described in paragraph (6.2 i) or
(6.2 ii) , the Association shall conduct a special meeting of
the membership hereinafter called the Turnover Meeting for the
purpose of electing officers and directors, provided however
that so long as the Developer is the Owner of one Lot governed
by the Association, the Developer shall be entitled to appoint
at least one member to the Board of Directors.
17.

ARTICLE SEVEN
COVENANTS FOR ASSESSMENTS
Section 7. 1 CREATION OF THE LIEN AND PERSONAL OBLIGATION
OF ASSESSMENTS: Each Owner of any Lot, by acceptance of a deed
therefore, whether or not it shall be so expressed in the
particular deed of conveyance shall be deemed to covenant and
agree to pay to the Association: (1) Annual Assessments and
(2) Special Assessments for capital improvements and other
expenditures that the Association deems appropriate, such
assessments to be fixed, established, and collected from time
to time as hereinafter provided. The Annual and Special
Assessments, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall also be the
personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. Each member
expressly covenants by acceptance of a deed that liens may be
placed against the Owner' s Lot for nonpayment of assessments .
Section 7 .2 PURPOSE OF ASSESSMENTS: The assessments
levied by the Association for common expenses shall be used
exclusively for the general purpose of promoting the
recreation, health, safety, welfare, common benefits and
enjoyment of the Owners and Occupants of : Cedar Tree and
maintaining the improvements therein all as may be more
specifically authorized from time to time by the Board of
Directors . The common expenses to be funded by the annual
18.

•
assessments may include but shall not necessarily be limited to
the following: (a) management fees and expenses of
administration; (b) charges for any common services for the
Development including trash collection and security services if
any such services are in fact paid for by the Association; (c)
the cost of insurance coverage as the Board of Directors
determine to be in the best interest of the Owners; (d) the
expenses of maintenance, operation and repair of the Common
Areas and facilities located thereon as described in the
definitional section of this Master Declaration; (e) the
establishment and maintenance of a reasonable reserve fund for
the maintenance, repair and replacement of the Common Areas and
facilities , to cover emergency repairs as a result of
casualties which are not covered by insurance and to cover
unforeseen operating contingencies or deficiencies arising from
unpaid assessments; and (f) the maintenance of the lawn and the
shrubbery located between the street right-of-way and the front
portion of the dwelling on each individual lot (the front
yard) , as well as, the landscape and shrubbery for the Common
Areas; and (g) the maintenance of the privacy fence, the
mailbox and newspaper receptacle and driveways connecting the )
garage to the street and (h) such other expenses as may be
determined from time to time by the Board of Directors of the
Association to be common expenses .
19 .

Section 7 .3 DATE OF COMMENCEMENT OF "ANNUAL ASSESSMENTS" ;
DUE DATE: ASSESSMENT PERIOD: The Annual Assessments provided
for herein shall commence upon conveyance of each Lot to a
Class "A" Member . Notwithstanding anything contained herein
to the contrary the Developer shall be responsible for the
payment of the monthly assessment for any Lot which it owns on
which is located a completed occupied residence. These fees
may be collected annually, quarterly or monthly as deemed
appropriate by the Board of Directors.
Section 7 .4 BASIS OF ANNUAL ASSESSMENT: The annual
assessment for the year 1989 shall be $780 . 00 ($65 .00 per
month) for each lot owned by a Class "A" member. The
assessment shall be prorated for the month of sale at closing .
In addition to the monthly assessment which is to be prorated
at closing there shall also be paid $200.00 contribution to
the working capital of the Property Owner ociation at
closing. The $200 .00 is not a prepayment of any monthly
assessment. Future annual assessments may not exceed the funds
necessary to fund those items described in Section 7.2.
Until the time of turnover to the Association the Developer
shall not pay any annual or special assessment for any
unimproved Lot which it owns; however, the Developer shall pay
the difference in cost between the sum of all annual
assessments collected from Class "A" members and the actual
cost of operation of the Association. After turnover, the
20 .

Developer shall not be obligated to pay an annual or special
assessment on any Lot owned by it. Notwithstanding any other
provision to the contrary in this Master Declaration, the
Developer may at any time commence paying assessments as to
Lots owned by it and thereby automatically terminate its
obligation to fund deficits, but at any time thereafter the
Developer may again elect to follow the procedure specified in
the proceeding sentence.
Section 7 . 5 SPECIAL ASSESSMENTS: In addition to the
Annual Assessments authorized by this Article Seven, the Board
may levy in any Assessment Year a Special Assessment,
applicable to that year only, for the purpose of defraying, in
whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of a described
capital improvement upon the Common Areas, including the
necessary fixtures and personal property related thereto, or
for other purposes deemed appropriate by the Association. The
due date of any Special Assessment under this Article shall be
fixed in a resolution authorizing such assessment. The
Developer shall not be obligated to pay a Special Assessment
levied on any Lot owned by it.
Section 7. 6 UNIFORM RATE OF ASSESSMENT: Both annual and
special assessments must be fixed at a uniform rate for all
Lots owned by Class "A" Members and may be collected on a
monthly basis .
21.

Section 7.7 CHANGES IN THE AMOUNT OF ANNUAL ASSESSMENTS:
Subject to the limitations contained in Section 7.4 hereof, the
Board may change the amount of the assessments fixed by Section
7.4 for any period, provided that written notice containing a
copy of the newly adopted budget outlining the assessment
change is sent to all members at least thirty (30) days in
advance of the effective date of the adopted change.
Section 7. 8 DUTIES OF THE BOARD OF DIRECTORS: The Board
of Directors of the Association shall prepare a roster of
Owners and assessments applicable thereto which shall be kept
in the Office of the Association and shall be open to
inspection by any Owner. Written notice of the assessment for
each Assessment year shall be sent to every Owner subject
thereto at least thirty (30) days prior to the commencement of
the Assessment Year.
The Association shall, -upon demand at any time, furnish to
any Owner liable for said assessment a certificate in writing
signed by an officer of the Association setting forth whether
said Assessment has been paid. Such certificate shall be
conclusive evidence of payment of any assessment therein stated
to have been paid.
22.

Section 7.9 EFFECT OF NON-PAYMENT OF ASSESSMENT: THE
PERSONAL OBLIGATION OF THE OWNER: THE LIEN: REMEDIES OF THE
ASSOCIATION: LATE FEES RESALE CERTIFICATE: If the assessments
are not paid on the date when due then delinquent assessments
together with interest thereon and cost of collection shall
become a continuing lien on the property. The obligation of
the Owner to pay such assessment shall remain his personal
obligation until paid. If the Seller presents at closing, a
certificate showing all assessments are paid, the purchaser
shall not be responsible for any past due assessments,
otherwise he shall also become liable therefore. The Owner
requesting the certificate shall pay to the Association a
Teasonab?e sum to cover the cost of examining records and
preparing the certificates . If the assessment is not paid
within thirty (30) days after the delinquency date, the
assessment shall bear interest from the date of delinquency at
the rate established by the Board of Directors not to exceed
the maximum legal rate of interest, the Association may bring
an action at law against the Owners personally obligated to pay
the outstanding assessments and/or bring an action to foreclose
the lien against the property. There shall be added to the
amount of such assessment all cost of collection. including.
but not limited to the cost of preparing and filing the
complaint in such action, the cost of any and all attorneys '
fees incident to collection whether or not suit is brought.
23 .

including attorneys ' fees on appeal. In the event a judgment
is obtained, such judgement shall include interest on the
assessments as provided above and a resonable attorneys ' fee to
be fixed by the court, together with cost incident to the
action.
In addition to the foregoing remedies, the Board of
Directors may assess a "Late Fee" not to exceed ten percent
(10%) , compounded monthly, on the delinquent assessment for
each Annual or Special Assessment which is more than ten (10)
days delinquent, for the purpose of helping defray collection
costs .
Section 7 . 10 SUBORDINATION OF THE LIEN TO MORTGAGES: The
lien of the assessments provided for in this Declaration shall
be subordinate to the lien of any first mortgagee now or
hereafter placed upon the Owners property subject to
assessment, unless the assessments are secured by a Claim of
Lien that is recorded prior to the recording of such mortgage.
Sale or transfer by the mortgagee after he takes possession in
foreclosure or deed in lieu of foreclosure shall not relieve
him from liability for any assessments thereafter becoming due.
ARTICLE EIGHT
PROPERTY RIGHTS IN THE COMMON AREAS
Section 8 . 1 MEMBERS EASEMENTS OF ENJOYMENT IN THE COMMON
AREAS: Subject to the provision of Section 8.3 and any
additional provisions of this Master Development Plan, every
24 .

member, his agent, licensees, invitees, and members of his
household, shall have a permanent and perpetual easement for
the use and enjoyment of the Common Areas and each easement
shall be appurtenant to and shall pass with title to every
Lot. Such easements of enjoyment shall include but not be
limited to the members ' right of ingress and egress over the
streets, roadways and walkways over the Common Areas for the
purpose of access to the Owners ' Lot.
Section 8.2 TITLE TO THE COMMON AREAS: The Developer may
(but need not) retain legal title to the Common Areas until
such time as it has sold all of its properties subject to the
Master Development Plan; notwithstanding any other provision
herein, however, the Developer hereby covenants for itself, it
successors and assigns that it will convey and the Association
for itself, covenants that it shall accept a conveyance of any
or all of the Common Areas free and clear of all liens and
encumbrances except this Master Development Plan.
Section 8.3 LIMITATION OF MEMBERS' EASEMENTS: The rights
and easements of use and enjoyment created hereby shall be
subject to the following:
8.3 (a) The right of the Developer and of the
Association, in accordance with its Articles and
By-Laws, to accumulate and retain money for the
purpose of improving the Common Areas and in aid
thereof to mortgage such properties .
25.

8.3 (b) The right of the Association as provided in its
Articles and By-Laws to suspend the enjoyment
rights of any member for any period during which
any assessment remains unpaid, or for a period
that may be determined by the. Board of Directors
for any violation of this Master Development
Plan, the Association' s Articles, By-Laws or
published rules and regulations; provided,
however, that the right of a member of ingress
and egress over the streets shall not be
abrogated; and
8.3 (c) The right of the Developer and the Association to
dedicate or transfer all or any part of the
Common Areas to any public agency, authority or
utility for such purposes; and
8.3 (d) The right of the Developer, without approval of
the Association, to add to or delete part of the
Common Areas and to dedicate easements and
rights-of-way over the Common Areas in accordance
with the terms of this Master Development Plan;
and
8.3 (e) The right of the Association to adopt and
enforce, at any time, rules and regulations
governing the use of the Common Areas and all
facilities situated thereon. Any rules and/or
26.

regulations so adopted shall apply until
rescinded or modified the same asif originally
set forth at length in this Master Development
Plan.
8.3 (f) The right of the Developer and its sales agent to
occupy and use as a sales facility the Property
Owner ' s Club House during the sales period of
Cedar Tree. In this connection, the Developer
shall be responsible, during its occupancy of the
Club House, for the payment of all utility fees
in connection with the Club House, and shall
after all of the lots in Cedar Tree have been
sold or the Developer has otherwise vacated the
Club House as a sales office, turn over the Club
House building and attendant parking lot to the
Property Owner' s Association in good working
order free and clear of any liens or
indebtedness. Further in this connection, during
the Developers period of occupancy as a sales
office, the Property Owners shall be free to use
any of the common facilities located on the
premises except that portion of the Club House
which is being used as a sales office by the
Developer.
27.

ARTICLE NINE
EASEMENTS AND RIGHTS RESERVED TO THE DEVELOPER
Section O 7 EASEMENT FOR GOVERNMENTAL, ATTH SANI 7ATION
Section � . � HEALTH, SANITATION
AND EMERGENCY SERVICES: A non-exclusive easement is hereby
granted to the appropriate governmental authorities and to the
appropriate private organizations supplying health, sanitation,
police services and any emergency services such as fire,
ambulance and rescue services, for purpose of ingress and
egress over the Common Areas .
Section 9 .2 INGRESS AND EGRESS FOR UTILITY EASEMENTS:
Easements for ingress and egress and for the installation and
maintenance of all utilities (including Cable T.V. ) , and
drainage facilities are reserved on, over and under each lot
and the Common Areas. The right is also reserved to the
Developer and the Association to create additional easements
for these purposes by separate instrument as may be required
from time to time.
Section 9 .3 MAINTENANCE EASEMENT FOR PRIVACY FENCES.
DRIVEWAYS, LAWN CARE, etc. : The right of entry on all Lots is
hereby reserved for the Association and the Developer, their
agents and employees for the purpose of entering thereon to
carry out the maintenance responsibility of the privacy fences,
driveways, lawn and shrubbery in the front yard and 'the mail
and newspaper receptacles. In this connection any such entry
28 .

by the Association or the Developer, its agents or employees
for these purposes shall not be deemed a trespass .
Section 9 _4 CONSTRUCTION EASEMENT: The Developer shall
' have the right of ingress and egress to, through, over and
above the Common Area, during such period of time as the
Developer is engaged in any construction or improvement work on
or within the Property; and shall further have an easement
thereon for the purpose of the storage of materials, vehicles,
tools, equipment, etc. , which are being utilized in such
development or construction; and
Section 9 . 5 ASSIGNMENT: The Developer shall have the
right to assign all of its right, title and interest in the .
Property both as Declarant and as a member of the Association
to another party by the execution and recording of a proper
instrument in the public Records of Brunswick County, North
Carolina.
ARTICLE TEN
MAINTENANCE RESPONSIBILITIES OF THE ASSOCIATION
Section 10 . 1 MAINTENANCE: The Association is responsible
for management, maintenance, upkeep and repair of:
1. the Common Areas; and
2 . privacy fences located on individual lots which are a
part of the construction theme; and
29.

3 . mailbox and newspaper receptacles which serve the
individual lots; and
4 . driveways which connect the individual residences to
the streets; and
5. the lawn, shrubs and landscaping located on the
individual lots which lies between the street
right-of-way and the front part of the dwelling (the
front yard)'.
Nothwithstanding the Property Owners Association' s maintenance
responsibility, however, if any one of these item or facilities
are damaged (as opposed to ordinary wear and tear) , by any
property owner, his agent, employees, members of his household
or guests then the property owner shall be responsible for
reimbursing the Association for the cost of any such required
repair work. It may hire maintenance people or contract with
others to perform these tasks .
ARTICLE ELEVEN
INSURANCE
Section 11. 1 PROPERTY AND CASUALTY INSURANCE: The
Association shall purchase such premises liability and hazard
insurance as it deems necessary on the Common Areas. The
Association may also purchase Directors and Officers Liability
Insurance. •
Section 11.2 PREMIUMS: The premiums for all insurance
policies purchased by the Association shall be deemed to be
30 .

general expenses of the Association and shall be paid by the
members through the Annual Assessments against each Lot, as
provided in this Declaration.
ARTICLE TWELVE
PRIORITY OF DOCUMENTS, INVALIDATION AND AMENDMENTS
Section 12. 1 INVALIDATION: Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affbct any other provision hereof .
Section 12 .2 PRIORITY OF LAND USE DOCUMENTS: This Master
Development Plan shall take precedence over conflicting
provisions in the Articles of Incorporation or the By-Laws of
the Association and the Articles shall take precedence over the
By-Laws .
Section 12.3 AMENDMENT AND MODIFICATION: The Developer
reserves the right to amend or modify this Master Declaration
prior to turnover as herein defined without prior notice and
without the consent of any Lot Owner or the Association
provided however such amendment or modification may not alter
the Basic Plan of Development of the subdivision, nor any
rights in the Common Area of any Lot Owner. Should any such
modification or amendment attempt to change or alter the Basic
Development Plan as described in Article 4. such modification or
amendment shall be null and void. This right to amend shall
not render these covenants and restrictions purely personal to
the Declarant and the benefits and burdens shall remain
31 .

mutual and reciprocal to all owners. After turnover the
Association acting through its dully elected Board of Directors
and officers shall have the same right of amendment or
modification subject to the same limitation. Once the Master
Declaration has been so amended or modified such amendment or
modification shall extend to and be applicable to all Lots in
the subdivision. Notwithstanding anything contained in this
section to the conttary no amendment, modification or
termination shall be effective which materially or adversely
affects the validity or priority of the lien or any other
rights of Institutional Lenders holding first mortgage loans on
property located within the Development without the prior
approval of any such Institutional Lenders. "Institutional
Lender" shall mean and refer to banks, savings and loan
associations, insurance companies, other firms or entities
customarily affording loans secured by first liens on
residences and eligible insurors and governmental guarantors.
ARTICLE THIRTEEN
ENFORCEMENT
Section 13 . 1 SPECIFIC ENFORCEMENT FOR ARTICLE ELEVEN:
With regard to the restrictions and conditions contained in
Article Four, each 24 hour period a violation of any one or
more of these requirements, prohibition, duties and obligations
exist shall be considered a new and separate violation. A fine
of up to $50.00 per 24 hour period, may be levied by the
32.

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r
•
Association for each such violation. The Association, upon at
least 15 days notice to the Owner, is hereby granted the right
of entry on any lot or access to any building and such entry
shall not be considered a trespass, for the purpose of curing,
correcting, or abating the violation. The actual cost thereof
shall be paid by the Owner to the Association within 30 days
after the bill for such expenses have been deposited in the U.
S. Mail addressed to the Member at the address on file with the
Association and if no address is on file, 30 days after the
Association has posted notice of the bill on the Lot. If the
Member does not pay the bill within the 30 day period, then the
bill shall bear interest at the highest legal rate allowed in
North Carolina for personal loans until paid. Any such fine,
charge or cost together with legal fees and costs for
collection shall constitute a lien in the nature of ad valorem
taxes against the Lot. The Member shall be responsible for
violations committed or allowed by himself, his licensees,
invitees, guests or members of his household to the same extent
as if he had personally committed such violation.
Section 13 .2 ENFORCEMENT - GENERAL: Failure of an Owner
to comply with a provision of this Declaration or a provision
in the By-Laws, Articles of Incorporation 'or Rules and
Regulations of the Association shall provide the Association
with the right to bring legal action at law or in equity,
including but not limited to an action for injunctive relief;
33 .