20051926 Ver 1_Complete File_20051014

Ecosystem rb??J
PROGRAM
RECEIPT
V@[Affial
MAY 3 0 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
May 24, 2006
DWQ#: 05-1926 (-PP t1
COE#: 200400402
Matt Murphy
SECOF Development
1202 Lake Park Blvd.
Carolina Beach, NC 28428
Project: Windswept Subdivision
County: New Hanover
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $6,561.50, check
number 5330, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Catalo
i Wetlands (credits) Stream (credits)
River Basin g
ng
Unit Riparian Non- Coastal
Cold
Cool
Warm Buffer
(q )
Riparian Marsh
Cape Fear

03030005 0 0 0.5 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
S rely,
.9 o `'IJ
Wi ' m D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File M_
1LP?StO?GGL9... ... Prot2CtGf?l Oar Stag EN
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 1 www.nceep.net
-, f 8 o
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Secof Development
c/o Matt Murphy
March 14, 2006
WQ Project # 051926
("? ??(i 41 D ew Hanover County
MAR ? ? Z®p6
12 02 Lake Park Blvd. QQPPV
Carolina Beach, NC 28428 ,
'W1040 -
SUBJECT: Approval of 401 Water Quality Certification with Additional Conditions
Impact 0.48 acres of wetlands for a road crossing
Windswept Subdivision
Dear Mr. Murphy:
You have our approval, in accordance with the attached conditions and those listed below, to permanently
impact 0.48 acres of jurisdictional wetlands for a road crossings, as described within your application
received by the Central Office October 14, 2005 and received by the N.C. Division of Water Quality
(DWQ)Regional.Office on November 8, 2005 and additional information received by the Wilmington
Regional Office on February 22, 2006 and March 3, 2006. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certifications Number 3404 (GC 3404). .
These Certifications can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html. The
Certification 3404 allows you to.use the Nationwide Permit 14 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and NPDES Stormwater regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following wetland impacts are hereby approved as long as all of the other specific and
general conditions of this Certification are met. No other impacts are approved including
incidental impacts:
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Servicel-877-623-6748 One
FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
Naturally
Page Two
Secof development
c/o Matt Murphy
DWQ Project # 051926
March 14, 2006
Amount Approved (Units) Plan Location or Reference
Stream N/A (feet)
Isolated Wetlands N/A
404 Wetlands 0.48 (acres) Exhibit map for wetland
impact at Windswept S/D
Waters N/A acres
Buffers N/A (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
Page Three
Secof development
c/o Matt Murphy
DWQ Project # 051926
March 14, 2006
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
cert ificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Please read the conditions associated with General Certification # and 3404 (enclosed) and if you do
not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. If you do not accept any of the
conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for
an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
cert ification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #051926 under Section 401 of the Clean Water Act. If
you have any questions, please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincerely„
4-f Gsg f -, '!
Alan W. Klimek, P.E.
Enclosures: GC 3404
Certificate of Completion
cc: Dana Lutheran- Southern Environmental Group. Inc.
Ian McMillan - 4010versight/Express Review Permitting Unit
Jennifer Frye - USACE Wilmington Regulatory Field Office
WiRO
Central Files
Ecosystem,
A
PROGRAM
Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
Project: Wind Swept Subdivision
January 19, 2006
County: New Hanover
1) 5 - q 3-tp
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119@[NOWRI
JAN 2 3 2006
DENR - WATER QUALITY
WETLANDS AND STO"WATER BRANCH
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Cape Fear 0 0.50 0 0 0 0 0 0
03030005
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
2tm"D. Gilmore, PE V04-11
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File
1ZMt-0r ' ... E ... Protect' oar Sta t& MUM
ACDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
9 North Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator DEG
Date: November 30, 2005 yyggR QVJALITY
RE: SECOF, 404/401 Application, Wind Swept S/D, New Hanover County DWQ 420051926
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions
of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401 and
404 of the Clean Water Act (as amended).
The project is located off Carolina Beach Rd. (US 421), just north of The Cape S/D, approximately two miles north
of the Snows Cut Bridge. The site is surrounded by residential developments and forested land and consists of
forested wetlands and sand ridges.
The applicant proposes to provide infrastructure for a subdivision containing 40 single-family home lots. There are
no stream crossings in the project. This would permanently impact 0.33 AC of wetland by filling and culverting for
an access road. The mitigation proposed for these impacts is the preservation, through deed restriction, of all other
wetlands on-site. The applicant purchased additional land to the south to minimize impacts to wetlands through
realignment of the access road. A connection is planned between preserved wetlands on-site to the north and those
to the south by 3 - 48" RCP embedded 1.22 ft to allow for passage and settlement of aquatic organisms.
It is unlikely that this project will adversely impact any threatened or endangered, federal or state listed species. The
eastern fox squirrel (Sciurus niger) occurs in the vicinity and is considered significantly rare by the NC Natural
Heritage Program (NHP).
We do not object to the project as proposed. Thank you for the opportunity to review and comment on this
application. If you have any questions or require additional information regarding these comments, please call me at
[phone].
CC: Joanne Steenhuis, NCDWQ
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
It
'k, 0? W A rF9Q
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5 -i
U
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 22, 2005
CERTIFIED MAIL 7004 2890 0002 34181067
RETURNED RECEIPT REQUESTED
Secof Development
c/o Matt Murphy
1202 Lake Park Blvd.
Carolina Beach, NC 28428
9RO[Roleg I
DEC 6 2005
Q2,fd11- YYAi Ek QUALi7y
Subject: Notice of Violation and ? f
Recommendation for Enforcement
Wetland Standard Violation
401 Water Quality Certification
Violation
Wind Swept Subdivision
New Hanover County
Dear Mr. Murphy:
On November 18, 2005, Joanne Steenhuis of the Division of Water Quality (DWQ)
Wilmington Regional Office stopped by your property off US Highway 421 (Wind Swept
Subdivision) to review a 401 Water Quality Certification application. Ms. Steenhuis's inspection
revealed that the road crossing in wetlands has already occurred.
During the site visit, the investigator took photographs and made observations of wetland
impacts that included clearing, grading and fill in wetlands
A DWQ file review confirms that impacts to wetlands occurred prior to the authorization,
permit or 401 Water Quality Certification from the Division of Water Quality. Also, a review of
the Corps of Engineers records reveal that no 404 Permit has been secured. As a result of the site
inspections and file review, the following violations, detailed on the following pages, are noted:
1) Failure to secure a 401 Water Quality Certification;
2) Wetland standard violations;
Item I. 401 Water Quality Certification
A DWQ site visit and file review confirmed that wetland impacts occurred without a 404
Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps
of Engineers (COE) has not authorized use of a 404 Permit for this activity. The file review
confirmed that a 401 Water Quality Certification has not been issued. A Pre-Construction
Notification has been submitted to the Corps of Engineers and to the Division of Water Quality
but no permit has been issued by either agency.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarola
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper oit h Carol inn
Mytimidlit
if
Page Two
Matt Murphy
DWQ # 05-1926
November 22, 2005
Due to the fact that you initially were aware that the wetlands were designated as
jurisdictional by the US Army Corps of Engineers (a jurisdictional determination was
made on your property with your permission and map(s) were signed by the Corps) and
the fact that you impacted the wetlands on your property without the approval of DWQ or
the USACE, DWQ has determined that the violations were committed willfully and
intentionally
Item II. Wetland Standard Violation
wetland disturbance corresponding to mechanized land clearing, excavating, filling and
grading was observed. Since there is no Corps issued 404 Permit or a corresponding State issued
401 Water Quality Certification for this project, the respective grading in wetlands represents
violations of the following North Carolina wetland standard which states:
15A NCAC 2B .0231(b) (1) and (5)
1) Liquids, fill or other solids or dissolved gases may not be present in amounts which
may cause adverse impacts on existing wetland uses;
5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse
impacts on:
C) The chemical, nutrient and dissolved oxygen regime of the wetland;
D) The movement of aquatic fauna;
F) Water levels or elevations.
This Office also requests that you respond to this letter in writing within 10 days of
receipt of this Notice. Please note, these violations and any future violations are subject to civil.
penalty assessment of up to $25,000.00 per day for each violation. By notice of this letter, your
401 permit application has been placed on hold as of the date of this letter until the issues and
concerns of this office have been addressed. Your response should be sent to both this office at
the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and Stormwater
Branch, Compliance and Assistance Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617.
Your response in writing should address the following items:
1). How much impact occurred in the wetlands and waters;
2). An explanation of why you did not wait for the 404 and 401 Water Quality
Certification prior to impacting the wetlands.
3). A schedule with dates clearly depicting your efforts to become compliant.
Upon the approval of the Sedimentation and Erosion Control Plan, issued by the Division
of Land Resources, an NPDES General stormwater permit (NCG010000), administered by DWQ
was issued. This General Permit allows stormwater to be discharged during land disturbing
activities as stipulated by conditions in the permit. It is the responsibility of the permitee to keep
the required records and produce them when requested by the Division of Water Quality. An
additional copy of the permit and the required forms is attached.
By copy of this letter to the New Hanover County 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.
'*,
Page Three
Matt Murphy
DWQ # 05-1926
November 22, 2005
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality regarding
these issues and any future or continued violations that may be encountered. Your response to
this correspondence will be considered in this process. Your contact for the Corps of Engineers
is Jennifer Fryer [phone], and your contact for the Division of Land Quality is Beth
Wetherill [phone]. Should you have any questions regarding these matters, please
contact Joanne Steenhuis at [phone].
Sin rely, %
Ed Beck
Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc : New Hanover County Building Inspections - Jay Graham
Compliance and Assistance Unit - Danny Smith
Land Quality Section - Beth Wetherill
Wilmington Corps of Engineers - Jennifer• Frye
SeGi - Dana Lutheran
WiRO
Triage Check List
Date: 11/02/05 Project Name: - Windswept Subdivision
DWQ#: 05-1926
County: Onslow

To: Noelle Lutheran, Wilmington Regional Office
60-Day processing time: 11/01/05 to 12/30/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
W A P Michael F. Easley, Governor
F
( >Q
O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
co Alan W. Klimek, P.E., Director
j Division of Water Quality
.? Coleen H. Sullins, Deputy Director
Division of Water Quality
October 20, 2005
DWQ # 2005-1926
New Hanover County
CERTIFIED MAIL
Southern Environmental Group, Inc.
Attn: Dana Lutheran
5315 South College Road Ste E
Wilmington, NC 28412
Subject: Wind Swept Subdivision
Application Fee Payment
Mr./Ms. Lutheran:
k ?
On October 14, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on behalf
of Secof Development for a 401 Certification in New Hanover County, North Carolina. Please note that
beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401
applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than
150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams,
the fee is $475. Your application indicates 0.33 acres of wetland impact. In order for DWQ to begin review and
process your request, you must send a check in the appropriate amount made payable to the N.C. Division of
Water Quality. Please reference the above DWQ # in all future correspondence.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
Sincerely,
Cyndi Karoly
CBK/ jd
cc: Matt Murphy, Secof Development, 1202 Lake Park Blvd., Carolina Beach, NC 28428
File copy
Central Files
20,051926 Wind Swept SD (New Hanover)_Hold for fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

r. ?
,5outkern Environmental Group, Inc.
5515 5. College Rd. Suite E_ • Wilmington, North Carolina 28+12
910A52.2711 . rax: 910.452.2899
www.segi.us 2 0 0 5 1 9 2
October 06, 2005
United States Postal Delivery
Ms. Cynthia Karoly
Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604
RE: Wind Swept
New Hanover County
NWP Application
Dear Ms. Karoly:
OCT?4 D
??r> 2005
Mo
rThis letter is in reference to the SECOF property off US 421, in New Hanover County, North

Carolina and the proposed wetland impacts for the completion of a road crossing within the
proposed Wind Swept Subdivision (USACE Action I.D. # 200400402).
Our client is proposing 0.33 acre of wetland impacts to Section 404 wetlands. These impacts
consist of 0.33 acre for road fill for six (6) separate portions of the proposed road. The proposed
fill is necessary to allow construction of an access road to lots within the proposed subdivision.
A permit was issued for a proposed road crossing to be placed in another area of the project site.
In order to minimize impacts to wetlands, the applicant purchased the parcel to the south of the
proposed road, which already had a dirt pathway, and chose to pave it instead. Utilization of
'Best Management Practices' will be carried out to minimize any additional impacts to 404
wetlands that may be caused by erosion and runoff.
At this time we are requesting your review and processing of the attached Pre-Construction
Notification application for a Nationwide Permit 14. Thank you in advance for you prompt
attention to this matter. Please contact me if you should have any questions or comments.
Sincerely,
Dana Lu eran
7Z??
Sheet1
jout6rn Environmental Group, Inc.
5E-Gi
Attachments:
• Wetland Determination Information Package Sheet
• Notification of Jurisdictional Determination and Accompanying Map (dated 19 March 2004)
• Nationwide Permit 414
• 2 Vicinity Maps
• Topographic Map
• Aerial Photograph
• 11 x 17 404 Wetland Impact Map
• Zoom View of 404 Wetland Impact Map
• Impact Area Cross Sectional Drawings
• New Hanover County Residential Building Permit Inspection Cards (Permit #s: 05-28008;
05-28007; 05-28005; 05-28001; 05-25944; 05-28000; 05-27997; 05-29360; 05-29362;
05-29354; 05-29365; 05-29345
• Declarations of Covenants, Conditions and Restrictions of Wind Swept Subdivision
• Letter of Agency
• $250 (Two Hundred Fifty Dollars) Filing Fee
7 "T
U.S. ARMY CORPS OF ENGINEERS
l"'E®
Wilmington District
Action Id. 200400402 County: New Hanover Quad: Carolina Beach
Notification of Jurisdictional Determination
Responsible Party: Secof Development Agent: Southern Environmental Group.
Attn:. Matt Murphy Attn: David Syster
Address: 1202 Lake Park Boulevard 3973 B Market Street
Carolina Beach, NC 28428 Wilmington, NC 28403
Cc: Terry Richardson
3602 Kirby Smith Drive
Wilmington, NC 28409
Decimal Degrees: North: 34.076460 West: 77.895220
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 21 acres located to the south
of Red Lighthouse Lane, west of Carolina Beach Road (Hwy 421), in the headwaters of and adjacent to Telfairs Creek, south of
Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in the headwaters of and adjacent to Telfairs Creek. This determination is based on information submitted by David Syster
of Southern Environmental Group on February 17, 2004, and a site visit by Angie Pennock on January 14, 2004.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determination on your
property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more tirriely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on vanr land have heen delineated- and thn limite of rnrne inrierlietinn hwo ha- -1--]
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The _project is located in on of the 20 Coastal Counties, You should contact the nearest State Office of Coastal
Management to determine their requirements,
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
Date March 19,_2004 Expiration Date March 19, 2009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
NOTIFIC4TJON OF -?DlNIILASTRATINT,?P SS AND
REQUESTORA<
'E r?
„
Applicant: Secof Development File Number: 200400402 Date: 03.19.04
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regardingr an admimstrative appeal of the above
decision. Additional information may be found at http://usace anu-,
,.iiiil.,inet/'functions, c«,,'cecwo'rc- or
_
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD
you may appeal the approved JD under the Corps of En
ineers Administrative
,
g
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION R - REQUEST 'FOR APPEAL or OBJECTIONS; TO AIy LNIT AL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
'initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFO
If you have questions regarding this. decision and/or the appeal
process you may contact:
Ms. Angie Pennock
United States Army Corps of Engineers or [phone]
Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington. NC 28402-1890
If you only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of anv site investigation, and will have the oDDortunity to DarticiDate in all site investigations.
Date:
Telephone number:
Signature of appellant or

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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. _ 2 0 0 5 1 9 2 6
(If any particular item is not applicable to this proiect, please enter "Not Annlicable" or "N/A" 1
L Processing
1. Check all of the approval(s) requested for this project:
9 Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
0 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
H. Applicant Information
1. Owner/Applicant Information

o
Name: M? p
ecof Development
Mailing Address: % Matt Murphy 0 (T 1 4 '1005
1202 Lake Park Blvd.
Carolina Beach, NC 28428 'INK v?r?" P
+_t1,asIus' ?fi?40*?i=t1 HBO
Telephone Number: 910.458.5605 Fax Number: Not Applicable
E-mail Address:_ Not Applicable
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Grou , Inc
Mailing Address: 5315 South College Road, Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutherani4segi.us
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the properly with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Wind Swept Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): R08500-002-033-007. R08500-033-002-008
R08500-033-002-009. R08500-033-002-010. R8500-002-034-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.):
Take US421 South toward Carolina Beach The property can be accessed by taking a
right onto St. Vincent Dr. or a right onto Red Lighthouse Rd The site is located at the
end of and between these two roads.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34.076460 W77.895220
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): - 21.0 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Telfairs Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site is currently undeveloped with woody vegetation. Please see the attached aerial
photograph, soils map, and topographic map included in the application packet.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The property is zoned R-15. 24.5 acres will be disturbed to develop a residential
subdivision. Heave machinery including bulldozers and other equipment will be used
to construct the access roads, implement stormwater mechanisms and build homes on
the property.
11. Explain the purpose of the proposed work:
The purpose of the work includes clearing the land and constructing the access roads
and detention ponds. Only the access road will impact wetlands.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Action ID # 200400402 (Notification of Jurisdictional Determination)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:-
Im pact Area l: Fill is necessary for the placement of the access road
Imp act Area 2: Rip-rap placement - required by the DWQ to prevent erosion from
storm water runoff coming though culvert
Imp act Area 3: Rip-rap fill for strormwater runoff coming from the road
Imp act Area 4: Fill is necessary for the placement of the access road
Imp act Area 5: Rip-rap fill for stormwater runoff coming from the road
Imp act Area 6: Fill is necessary for the placement of the access road
Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***.
1 Fill 0.30 No NA wet flat
2 Fill 0.005 No NA wet flat
3 Fill 0.003 No NA wet flat
4 Fill 2 sq. ft. No NA wet flat
5 Fill 0.002 No NA wet flat
6 Fill 0.006 No NA wet flat
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at htto://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 9.98 Acres
Total area of wetland impact proposed: 0.33 acres
2. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(pleasespecify)
- _

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 4 of 8
wlvw.usgs.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., w\\-..v.tonozone.com,
wxNr\x.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
3. Individually list all open water impacts (including lakes, ponds., estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) ) Wat Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separatety and wenttty temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater retention ponds
Size of watershed draining to pond: Not Applicable
Expected pond surface area: 0.72 acre
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed fill is necessary to allow construction of an access road to lots within the
proposed subdivision. A permit was issued for a proposed road crossing to be placed in
another area of the project site. The applicant purchased the parcel to the south of the
proposed road which already had a dirt pathway and chose to pave it instead thus
significantly reducing the impacts to wetlands
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Preservation of existing wetlands (see attached Restrictive Covenants)
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at h?://h2o.enr.state.nc.us/wyM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Page 6 of 8
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No 0
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No 0 If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* s uimpct are feet Multiplier MiRequired
tigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage is 40.2 ac.. 24.5 ac. of that will be disturbed and 7.07 acre will be
impervious. 17.6 % impervious. Detention ponds will be created to handle stormwater
runoff.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal water and septic.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No N
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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PLAN REVIEW COMME=NTS:
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Sep, 2, 2005 3:39PM
NEW HANOVE No,5819 P. 12
R COUNTY RESIDE B ILDING PERMIT INSPECTION CARD
iT
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PLAN REVIEW COMMENTS: 12 go

Sep. 2. 2005 3 39PM No.5879 P. 13
NEW HA,NOVER COUNTY RESIDENTIAL ?UILDING PERMIT INSPECTION CARD
PE15?•• ADDRESS:
5UBDIVI ; o v °f n4i
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WORK REQUIRED TO BE INSPECTOR DATE INSPECTOR D E INSPECTOR NOTES r ao ?
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Sep. 2. 2005 3;36PM 'tor Cu No.5879 P. 4
NEW HANOVE R COUNT'Y' RESIDENTIAL BUILDING PERMIT INSPECTION CARD
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Sep. 2. 2005 3;35PM LoT (Z.... No-5879 P- 2
NEW HANOVER COUNTY RESIDENTIAL BUILDING PERMIT INSPECTION CARD
RINK IR/'??IE/i .'. , w.. • SUBDMSIO 4?
WO REWIRED TO BE
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Sep. 2. 2005 3:36PM Log 5a No•5879 P. 5
NEW HANOVE R COUNTY RESIDENTIAL BUILDING PERMIT INSPECTION CARD
PERMITI j +
!JJ ADGitESS. ?w •
tiJ(? SUBDIVI510 .
DATE: •r 9 TYPE OF WO CONTRACT

IN WORK REQUIRED TO BE
SPECTED AND APPROVED NBPECTOR
REJECTION DATE WSPECTOR
APPROVAL DATE INSPECTOR S
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STATE OF NORTH CAROLINA DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER OF WINDSWEPT SUBDIVISION
This Declaration, made this day of 2005, by SECOF, LLC,
A North Carolina Limited Liability Company, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of'the properties
described above shall be held, sold and conveyed subject to Chapter 47F of'the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of 'protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or- interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof'.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater• Management Permit Number SW ,
as issued by the Division of Water Quality under NCAN 2H. 1000.. The State of North
Carolina is made a beneficiary of these covenants to the extent: necessary to maintain
compliance with the stormwater management permit.. The covenants are to run with the
land and be binding on all persons and patties claiming under them,. 'the covenants
pertaining to stotrnwater may not be altered or rescinded without the express written
consent of the State of'North Carolina Division of Water Quality.. Alteration of the
drainage as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality..
ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to WINDSWEPT HOA, INC.., a
North Carolina non profit corporation, its successors and assigns, the owners' association
organized for the mutual benefit and protection of all the Properties, within Snows Cut
Landing, as expanded from time to time, herein after referred to as the Properties.. All
property owners of lots in WINDSWEPT SUBDIVISION and any adjoining areas
hereinafter developed and subjected to this declaration, if any, shall be members of the
association, which membership shall be appurtenant to and may not be separated fiom the
ownership of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of•the Association., or at a
Special Meeting duly called for, that purpose.. The initial committee shall be elected at a
special meeting called for that purpose after the period of Developer control has ended..
The committee shall, after the period of•Declatant control, exercise the architectural
review and controls established by this Declaration, and all amendments hereto.,
Section 3 OWNER shall mean and refer to the record owner(s), whether one or
more persons or entities, of fee simple title to any lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation
Section 4 PROPERTIES shall mean and refer to all of'WINDSWEPT
SUBDIVISION as described above, and any additional properties that may hereafter- be
brought within the jurisdiction of the Association as herein provided..
Section S ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one-mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration.. No additional
properties maybe annexed without prior approval of'HUDNA, if'so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed.
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Snows Cut Landing. The common area to
be owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of WINDSWEPT SUBDIVISION,
if any, recorded or to be recorded in New Hanover County Registry., The term shall also
2
include any additional property or Lot later designated as Common Area by the
Declarant, as provided for herein, and any detention, and/or retention pond(s) located
within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), and all roads, streets, drives and rights of'-way in WINDSWEPT
Subdivision, as expanded from time to time..
Section 8 DECLARANT shall be used interchangeably with Developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if'such successors and
assigns should acquire the remaining undeveloped property in WINDSWEPT
Subdivision from the Declarant for the purpose of development..
Section 9 DECLARATION shall mean this instrument as it may be fiom time to
time amended or supplemented.
Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of'directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf' of the association..
Section 11 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association..
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of'making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of'planned communities;(vi) to make the planned
community subject to a master association;(vii) to appoint or remove any officer or
executive Board member of'the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfer s all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights permanently or for limited time periods.,
Section 13 LIMITED COMMON AREAS AND FACILIIES -WINDSWEPT
Subdivision has no Limited Common Area, but if it ever does, it will be for the use of all
Lot Owners.
3
Section 14 ADDITIONAL SPECIAL DECLARANT RIGHT'S Declaiant
reserves the right, in its sole discretion, to construct improvements, or to allow
construction of improvements, including, but not limited to a swimming pool and related
facilities, upon a portion of the Common Area. Upon completion of such improvements
Association Dues shall be recalculated to include the costs of insuring and maintaining
such improvements,
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
Section 1 OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas , if any, and all roads, streets, drives and rights of
way in Snows Cut Landing, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after- the period of Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non-owner members;
B.. The right of the Declarant, and after the period of 'Declarant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C.• The Declarant, and after the period of'Declarant control, the Association may
grant a security interest in or- convey the Common areas, or dedicate or
transfer- all or patt of'the common areas, to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by
at least (8O%) eighty percent of the members, excluding the developer,
provided, however, that the Declarant, and after the period of Declarant
control, the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through or- over the common
areas.. No conveyance or encumbrance of common elements shall deprive any
Lot of its tights of access or- support..
D. The right of the Declarant, and after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if'any, and improvements thereon, which regulation may fiuther resttict
the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their- agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of'way, on, over, and under the
4
ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for- the conveyance and use of electricity,
telephone equipment, gas, sewer, water- or- other public conveyances or
utilities on, in of over, each lot, the rights of way of'roads and streets, and such
other- areas as are shown on the plat, of the properties recorded or to be
recorded in the office ofthe Register- of'Deeds of'New Hanover County,
provided further, that the Declar ant may cut drain ways for sux•face water-
whenever- such action may appear to the Developer to be necessary in order. to
maintain reasonably standards of health, safety, and appearance.. These
easements and fights of way expressly include the right to cut any trees,
bushes or shrubbery,. make any grading ofthe soil, or take any other similar
action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance.. The
Declarant further reserves the tight to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or
subsequently designated for such use or to locate same upon any lot with the
permission of the owner- of'such lot. Such rights may be exercised by any
licensee of the Declarant, but this reservation shall not be considered an
obligation of the Declarant to provide or maintain any such utility of'service.
B.. the developer reserves the tight to subject the real property in this subdivision
to a contract with the Carolina Power and Light, their successor- or assigns, for
the installation of'str-eet lighting, which requires a continuing monthly
payment to such utility company by each residential customer.
C.. Easements over all private streets and roads, access easements, and the
common areas within the planned community as necessary to provide access,
ingress and egress to and the installation of utilities for any property..
D. All easements and rights described herein are perpetual easements
appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other, person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether
or- not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other, evidence of obligation, to the easements and
rights described in this declaration..
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 Every owner of a lot shall be a member ofthe association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.
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Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned. When more than one person holds an interest in any lot,
all such persons shall be members. The vote for such lot shall be exercised as the owners
of'such lot among themselves determine, but in no event shall more than one vote be cast
with respect to any lot.,
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of 'the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all ofthe powers and duties
of the Board of Directors may be exercised by the Declarant until such time as 75% of
the lot have been sold and conveyed by the Declarant to purchasers or- until January 2010,
whichever occurs first. Management and control may be transferi•ed to the lot owners at
any time but no later than 36 months after the happening of either of the above events.
The Developer may maintain architectural control until all lots have been sold, or until
such control shall be expressly relinquished to the Association in writing, whichever
occurs earliest.
ARTICLE; V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for assessments. Each lot
owner, covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments:
B . Special assessments.
C, Insurance assessments.,
D.. Ad valorem Tax assessments,
E Working capital assessments..
These assessments together with interest, costs, and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the charges ar•e assessed. Such charges and reasonable attorney's fees shall
also be the per sonal obligation of the person who was the owner of such lot at the time
the assessment fell due., The personal obligation for delinquent assessments shall not
pass to the owner's successors in title unless expressly assumed by them, or a lien for
such charges has been filed in the Office of 'the Clerk of Court of'New Hanover County
prior to transfer of 'title to such successor-; however, such changes remain a lien on the
Lot, in any event..
Section 2 Purpose Of Annual Assesments The annual assessments levied by the
association shall be used to promote the recreation, health, safety and welfare of the
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owners and residents of the planned community and for the maintenance, repair-, and
replacement ofthe common elements, any limited common elements, any repairs or-
reconstructions of units required or allowed by this Declaration, and any
retention/detention pond(s) located within the subdivision. The funds arising from said
assessments of charges, may be used for-, but is not limited to, any or all of the following
purposes: Operations, maintenance and improvements of the common areas, including all
private roads, streets and rights-of=way, and any limited common areas, including
payment of utilities, enforcing this declaration: paying taxes, insurance premiums, legal
and accounting fees and governmental charges: establishing working capital: paying dues
and assessments to any organization or master association of'which the Association is a
member, and in addition, doing any other things necessary or desirable in the opinion of
the Association to keep the common areas and limited common areas in good operating
order and repair-.
Section 3 Annual Assessments Annual assessments shall be in an amount to be
fixed from year to year by the Board of'D rectois which may establish different rates
from year to year as it may deem necessary far- the purposes set forth in Section 2 above.
The amount of the annual assessment against each lot for any given year shall be fixed at
least 30 days in advance of the annual assessment period, provided, however that the first
annual assessment shall be set prior to the conveyance of the first lot to an owner at or,
prior- to the closing of their lots. Written notice of each annual assessment thereafter shall
be sent to every owner- subject thereto.. The due date shall be established by the Board of
Directors, and the Board of'Dhectois shall have the authority to require the assessments
to be paid in pro rata monthly installments. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The Initial Dues are set at
$300..00 per ,year, billed monthly, $25..00 per month, or quarterly, $75..00 per quarter-..
At such time as a pool, clubhouse, or other- improvements are constructed on the
common area, the annual dues may increase,.
Section 4 Initial Working Capital Assessment Each purchaser- of a lot from the
Declarant, or its successor-, shall pay to the Association a Working Capital assessment of
$100.00..
Section 5 Special Assessments Fox Ca ip tal Improvement In addition to the annual
assessments authorized above, the association may levy, in any assessment year, a special
assessment applicable to the year only fox- the purpose of defraying in whole or in part,
the cost of any common area improvements or maintenance.. Any such assessment shall
have the assent of two-thuds of the votes of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 6 Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the property ofthe Association,
if any, insured against loss or, damage by fire or other hazards and other such risks,
including, but not limited to, directors' liability and public liability insurance, upon such
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terms and for- such amounts as may be reasonably necessary from time to time to protect
the Properties and common area, which insurance shall be payable in case of loss to the
Association for- all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all claims., Such insurance shall be obtained without
prejudice to the right of each member, to insure his personal property for his own benefit
at his own expense. In no event shall the insurance purchased by the members or- their
mortgagees. The Association reserves the right to assess members in an amount sufficient
to pay the cost of all such deductibles and insurance premiums not included as a
component ofthe annual assessment.. These insurance assessments shall include but are
not limited to Ad valorem tax assessments..
Section 7 Rate of Assessment the Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other- substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated..
Section 8 .Commencement of 'Assessments Assessments for each lot shall
commence upon the date of closing by an owner- fr•orn the Declarant.
Section 9 -Effect of'Nonpayment of'Assessments and Remedies of the
Association Any Assessment not paid within Thirty (30) days after- the due date shall
bean interest from the due date at the highest interest rate allowable by law.. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other, legal or
equitable remedy available., No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse ofthe Common area or by abandoning his lot_
The association may also establish and collect late fees for, delinquent installments..
Section 10 Lien for Assessments. The Association may file alien against a lot
when any assessment levied is left unpaid for a period of 30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanover County.. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power- of sale under article 2A
of chapter 45 of the General statutes,, The Trustee for such for-eclosure
shall be a person or entity appointed in writing by the Board or Officers of
the Association.. Fees, charges, late charges fines, interest, reasonable
attorney's fees, and other charges imposed pux-suant to Sections 47F-3-
102, 47F'-3-107, 47F-3-107.4 and 47F-3-115 of the Act are enforceable as
Assessments.,
B . The lien under- this section shall be prior- to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or, deed of trust on the lot) recorded before the
docketing of the claim of lien in the office of the Clerk of'Superior court,
and (ii) liens for real estate taxes and other governmental assessments and
charges against the lot,.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of
the claim of lien in the office of the Clerk of the Superior Court.
D.• Any judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party..
E.. Where the holder of a first mortgage or deed of trust of•record, or other,
purchaser of 'a lot obtains title to the Lot as a result of foreclosure of a fir st
mortgage or deed of trust, such purchaser- and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which
became due prior to the acquisition of title to the Lot be such purchaser.
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns.
F. A claim of lien shall set forth the name and addresses of the association,
the name of the record owner of the Lot at the time the claim of lien is
filed, a description of the Lot and the amount of the lien claimed.,
ARTICLE V
RIGHTS OF DEVELOPER
The Declatant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section 1 the Architectural Control Committee/Board of Directors/Executive
Board All duties and responsibilities conferred upon the Architectural Control Committee
by this Declaration or the Bylaws of the Association shall be exercised and performed by
the Declatant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property. The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board..
Section 2 Plan of Planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility, stormwater, and drainage facilities and easements and to
change, alter or redesignate such other present and proposed amenities, common
elements, or facilities as may in the sole judgment and discretion of Declatant be
necessary or desirable.. The Declarant hereby expressly reserves unto itself, its successors
and assigns, the right to replat any one (1) or mote lots shown on the plat of any
subdivision of the property of additional property in order- to create one or more modified
lots: to further subdivide tracts or lots shown on any such subdivision plat into two or
more lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger
9
tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of•any plats of' the planned
community lots that are not otherwise buildable or are needed or- desired by Declarant for
access or axe needed or desired by Declarant for use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or- others, or which are needed fox, the installation of
utilities, common elements or- amenities, and to take such steps as are reasonably
necessary to make such re-platted Lots or tracts suitable and fit as a building site, access
area, roadway or- common elements., Declarant specifically reserves the right, but not
obligation, to convert one Lot owned by the Declarant, or- its successor, to Common Area
for the subdivision.
Section 3 Amendment of Declaration bathe Declarant. This Declaration may be
amended without member approval by the Declarant, or the board of 'the Association, as
the case may be, as follows:
A.. In any respect, prior to the sale of the fast lot..
& To the extent this declaration applies to additional property.
C.. To correct any obvious error or inconsistency in drafting, typing, or
reproduction.
D.. To qualify the Association or the property and additional property, or any
portion thereof, for tax-exempt status..
E. To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To conform this declaration to the requirements of any law or governmental
agency having legal jurisdiction over the property or any Additional Property
or to qualify the property or any additional property or any Lots and
improvements thereon for mortgage or improvement loans made, insured or,
guaranteed by a governmental agency belonging to, sponsored by, or- under
the substantial control of the United States Governmental or the State of North
Carolina, regarding purchase or sale of 'such lots and improvements, or
mortgage interests therein, as well as any other law m regulation relating to
the control of the property, including, without limitation, ecological controls,
construction standards, aesthetics, and matter s affecting the public health,
safety and general welfare.. A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
U.S. Department of housing and urban development, the fedex•al home loan
mortgage corporation, Government National mortgage corporation, or the
Federal National Mortgage Association, requesting or- suggesting an
amendment necessary to comply with the requirements of such corporation or
agency, provided that the changes made substantially conform to such request
or suggestion., Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section..
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ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1 Architectural Control and Maintenance After the period of'Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of'plans for building and site improvements.. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
feet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed-type porches, even
though attached to the house are specifically excluded from the definition of the
aforesaid term "heated square footage"..
B.. Since the establishment of inflexible building setback lines for
location of houses on Lots tends to force construction of houses directly to the
side of'other homes with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related considerations, no
specific setback lines shall be established by this Declaration, In order to assure,
however, that the foregoing considerations are given maximum effect, the site and
location of any house or- dwelling or, other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant, and after- the
period of Declarant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot Line than is
permitted by applicable governmental regulations..
C . The exterior of all dwellings and other structures must be completed
within twelve (12) months after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to
the Owner or builder, due to strikes, fires, national emergency, natural calamities,
or- complexity of design and construction.,
D.. Fences shall be permitted on any Lot; provided, however, that the
design, placement, and materials of any fence are approved by the Declarant, and
after the period of'Declarant control, by the Architectural Review Committee.. No
fence shall be permitted any further forward the fi ont cornets of the house on the
lot. No chain link fences may be visible fi•om the streets that border the lot.
Clotheslines are permitted on lots, however-, no clothesline may be visible from
the streets that border- the lot upon which the clothesline is located.
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E. Off'street parking for not less than (2) two passenger automobiles
must be provided on each lot. prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf' stone, or any other- material approved by the
Declarant, and after the period of'Declatant control, by the Architectural Control
Committee.
F . the Declarant may, at its option, construct and install sprinkler-
systems upon some or all of the lots in the development.. However- after a lot with
a sprinkler system has been conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair', including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
G.. It shall be the continuing duty and responsibility of 'the lot owner to
landscape and maintain their lawns and environment in the manner that has been
approved by the Declarant, and after- the period of Declarant control, by the
Architectural Control Committee..
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for- any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained herein, and the right to convert lots to Common Area, or- a lot
for access to adjacent property.. All numbered Lots are restricted for construction
of'one single family dwelling not to exceed two stories in height (plus such
detached garages and other- accessory buildings as may be approved in their sole
discretion by the Declarant, and after the period of'Declarant control, by the
Architectural Control Committee)..
B.. NUISANCES No noxious or, offensive activity shall be carried on
upon any lot, nor shall anything be done thereon which may be or- may become an
annoyance or nuisance to the neighborhood.. There shall not be maintained any
plants or animals, nor- device or thing of any sort whose normal activities or
existence are in any way noxious, dangerous, unsightly, or of other nature as may
significantly diminish or destroy the enjoyment of other lots by the owners
thereof'. It shall be the responsibility of each owner- to prevent the development of
any unclean, unsightly ofunkept condition of'buildings or grounds on the
Ownet•'s lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.
C.. TEMPORARY STRUCTURES No structure of a temporary
character-, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether- temporarily or- permanently
without the written consent of the Declarant, and after, the period of'Declarant
control, by the Association.
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D. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or other household pets, provided they are not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above..
E.. TELEVISION SATELLITE DISHES AND OUTSIDE
ANTENNAS No yard statuary or TV satellite signal receiving dishes are
permitted on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until permission for the same has been
granted by the Declarant, and after the period of'Declarant control, by the
Architectural Control Committee; provided, however, satellite dishes under 18" in
diameter which cannot be seen from the street are permitted..
F . EXTERIOR LIGHTS All light bulbs and other, lights installed on
any fixture located on the exterior of any building or any lot shall be of clear-,
white, non-frost or- yellow bug bulbs.
G.. SIGNS No signs (including "for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of' the Executive
Board, provided, however the Declarant may, so long as it owns any lot, maintain
for sale signs on Declarants lots and signs on its lots and in the common area
generally advertising the planned community.,
R JUNK VEHICLES No inoperable vehicle will be permitted on
the premises.. The Association shall have the right to have all vehicles towed away
at the owner's expense.
I, SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of 'the Declarant during the Declarant control period and
thereafter by the Board of Director s of'the Association..
J. FENCING In order to maintain compliance with all stormwater
permits, no fencing will be allowed on, or along, any drainage or access easement
between any lot and any common area, conservation area, or recreation area
without the express written consent of'the Declarant.
K. IMPERVIOUS SURFACE No mote, than 2500 square feet of any
lot shall be covered by structures or impervious materials. This allotted amount
includes any built upon areas constructed within the property boundaries, and that
portion of'the road tight-of-way between the front lot line and the edge of the
pavement.. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, brick, stone, slate, coquina, parking areas, or similar material but
13
do not include raised open wood decking or the water surface of'swimming pools.
Built upon area in excess of' the permitted amount requires a state stormwater
management permit modification prior to construction.
All runoff' fiom the built upon areas on the Lot must drain into permitted
systems. This may be accomplished through the use of•roof drain gutters which
drain to the street, grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them into the stormwater• system, or into
the street.. Lots that naturally drain toward the street are not required to provide
these additional measures,
L.. SWALES. Swales shall not be filled in, piped, or altered except as
necessary to provide driveway crossing.
M. SIORMWAIER All permitted runoff'fiom out parcels or future
development shall be directed into the permitted stormwater• control system.
These connections to the stormwater• control system shall be performed in a
manner that maintains the integrity and performance of the system as permitted..
N, MECHANICS No mechanical or maintenance work shall be done
on cars or other- machinery or equipment in the front or- side yard of any home,
or in the street in fi-ont of any Lot..
0.. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or on pads,
the design and location of which must be approved by the Declarant, and after the
period of'Deciarant control, by the Architectural Review Committee, and may not
be parked in the front or side yard, or, in the street in front of any Lot..
P. LEASES No property shall be leased for- less than 6 months.
Q.. MODULAR AND MOBILE HOMES No modular or mobile
homes shall be placed on any lot.,
R. WINDOW TREATMENTS Permanent window treatments must
be installed on all new homes within 30 days of occupancy.
S.. EXTERIOR MAINTENANCE Each lot owner shall maintain the
exterior of all buildings, walls, and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts and shall regularly
repaint all painted surfaces and shall not permit the roofs, rain gutters,
downspouts, exterior walls, windows, doors, or other exterior portions of the
improvements to deteriorate in an unattractive manner. The maintenance
referenced herein may be supervised and regulated by the WINDSWEPT
SUBDIVISION HOMEOWNERS ASSOCIATION, INC.., as hereinafter, provided
and herein-after referenced as "the Association".. In the event that the lot owner-
shall fail to comply with these maintenance requirements, the Association is
14
hereby expressly authorized, and the lot owner hereby expressly agrees, that said
maintenance and/or, repair, may be effected by the said Association with the
expenses incurred for the same to be assessed against the individual lot owner as a
special assessment and subject to the regulations regarding liens and assessments
as herein set forth:,
ARTICLE VII
STORMWAIER/RUNOFF FACILITIES
Section 1 Transfer' of'Permit The Association and each of its Members agree
that at anytime after (i) all work required under the Stormwater Permit has been
completed (other- than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations fi•om transferring the Stormwater Permit to the
Association, the Association's Manager shall, without any vote or approval of Lot
Owners, and within 10 days after being requested to do so, sign all documents required
by DENR for the Stormwater Permit to be transferred to the Association., If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific performance in the courts of'North Carolina requiring that the
Association Manager- signs all documents necessary for the Stormwater Permit to be
transferred to the Association. Failure of 'the Manager to sign as provided herin shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stormwatet Permit..
Section 2 Hold Harmless The stormwater retention/detention pond(s) and
related facilities constitute Common elements/Area, and the Association is responsible
for operation and maintenance of such. The Association shall indemnify and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for-
operation and maintenance under the stormwater permit after the permit is transferred to
the association, as provided for- above
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
Section 1 Lots subject to declaration. The covenants and restrictions contained in
this declaration aie for the purpose of protecting the value and desirability of the planned
community and the lots.. All present and future owners, tenants and occupants of lot and
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended from time to time, and all Rules and
Regulations set by the Declarant, or- Executive Board after the period of'Developer
Control, The acceptance of a deed of conveyance, or, the entering into of a lease or the
entering into occupancy of any lot, shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such owner, tenant, or occupant. The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
15
and assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) ,years, unless amended or terminated by the Lot Owners..
Section 2 Miscellaneous Failure by the association, or by an owner, to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
Institutional lender or, Institutional lenders as the term is used herein, shall mean
and refer to banks, savings and loans, savings banks, insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of'such first
mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights..
A.. To be furnished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of'annual catrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by April 1 Sth of each calendar year..
B . To be given notice of 'the association of the call of any meeting of the
membership to be held for the purpose of'considering any proposed
Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings.
C . I o be given notice of default in the payment of 'assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of'such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D.. To inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof; for a reasonable copying fee.
E.. To be given notice by the Association of any substantial damage to an y part of
the common area.
F . To be given notice by the association if'any portion of' the common area is
made the subject matter of'any condemnation of'eminent domain proceedings
or is otherwise sought to be acquited by a condemning authority..
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ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement.. The Association, or- any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions ofthis Declaration. Failure by the Association or by an owner
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver- of'the right to do so thereafter.
Section 2.. Sevetability. Invalidation of' any one of 'these covenants or
restrictions by judgment or court order shall in no way affect any other- provision
which shall remain in full force and effect..
Section 3.• Amendment of Covenants.. Except as otherwise provided in
these Covenants, the terms herein may not be amended during the period of
Developer Control., After the period of'Developer Control the terms herein may
not be amended unless seventy five percent (75%) o€'the Lot Owners agree to
such amendment at a meeting duly called for- the purpose of'voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed by all Lot owners approving, and which
writing shall be recorded in the Registry of'New Hanover- County., In no event
shall any amendment be effective to remove or modify any of'the Declarant's
rights without the written approval of the Declarant.,
17
ARTICLE X
CONSERVATION OF DECLARATION
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS, AND
RESTRICTIONS is made on this 6a' day of October 2005.
RECITALS AND CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation property
(Windswept Subdivision). Being approximately 21 acres, more particularly
described in Exhibit A attached hereto and be this reference incorporated herein
(Map bkat Page to .
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the property, and prevent the use of
development of the Property for any purpose or in any manner that would conflict
with the maintenance of the Property in its original condition. The preservation of
the property in its natural condition is a condition of Department of the Army
permit Action ID xoogelb#lcZ issued by the Wilmington District Corps of
Engineers (Corps), required to mitigate for unavoidable impacts to waters of the
US authorized by that permit, and this conservation may therefore be enforced by
the USA.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE 1. PROHIBITED AND RESTRICTED ACTIVITIES
Any Activity n, or use of, the property inconsistent with the purposes of this
Conservation Declaration is prohibited. The property shall be maintained in its natural,
scenic and open condition and restricted from any development or use that would impair
or interfere with the conservation proposes of this Conservation Declaration set forth
above.
Without limited the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any Change Disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-
native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt, or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, Conduit, line, pier, landing, dock, or any other
temporary or permanent structure or facility on or above the Property.
C. Industrial, Commercial, and Residential Use. Industrial, commercial and
residential activities including any right of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticulture use. Agricultural, grazing, animal
husbandry and horticultural use of the property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property.
G. Siage_. NO signs shall be permitted on or over the property, except the posting
of no trespassing signs, signs identifying the conservation values of the property,
signs giving directions or proscribing rules and regulations for the use of the
property and/or signs identifying the Grantor as owner of the property.
H. Dumping or storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste or any placement of underground or aboveground storage tanks
or other materials on the Property is prohibited.
1. Excavation, dredging, or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock
peat, minerals, or other materials, and no change in the topography of the land in
any manner on the property except to restore natural topography or drainage
patterns.
Water Quality and Drainage pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the
restored, enhanced, or created drainage patterns. In addition, diverting or causing or
permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal or wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conversation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles including but not limited to
motorcycles, dirt bikes, all-terrain vehicles, cars and truck is prohibited.
M. Other Prohibitions. Any other use of activity on the property, which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, US Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declaration under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage o property or
harm to the property resulting from such causes.
ARTICLES III. PUBLIC ACCESS
A. This conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any
existing utility lines, Declarations and rights of way.
B. Titles. The Declarant covenants and represents that the Declarant is the sole
owner and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the Property, that the Property is free and clear of
any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with the respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Conservation
Declaration. If any provision id found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid shall not be affected
thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of New lkygoyee- County, North
Carolina, and may re-record it at any time as may be required to preserve its rights.
D. Environmental condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all the federal, state, and local environmental laws, and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes or environmentally regulated substances (including Vn without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing in the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DISCLOSURE OF PRIVATE ROADWAY
Re: WINDSWEPT SUBDIVISION
This disclosure is given in accordance with North Carolina General Statutes Section 136-
102.6, in connection with your purchase of'a Windswept Subdivision Lot.. the purpose is to advise
you that the roads, drives and streets serving all Lots in Windswept Subdivision are, or- will be,
designated on the Subdivision maps as a private roads, not a public roads.. All of-die property owners
of'property on the private roads have easements with each other in order to travel over and across the
roadways. As a private, not public, roads this property is not open for use by the general public,
rather-, is restricted for- use only by the owners, tenants and guests in the development As private
roads, and not public roads, the responsibility for- maintenance of'these roads is upon the property
owners.. No representation is made to you that construction of this roadway is sufficient to be
included in the State secondary road system or- that the State of'North Carolina would eventually
assume maintenance of'.these roadways.
The owners ofthe Lots in Windswept Subdivision will be responsible for sharing the costs of
maintenance of'said private roads, through the Owners' Association.
Some lending vehicles may not be available to properties located on private drives, or
properties that are located in what may be deemed to be a "planned unit" development., This is
usually not an issue as long as long as maintenance is provided for- the roads.
This the day of
SECOF LLC
By: Bermlac, Inc
BY:
, 2005.
The undersigned purchasers, or potential purchasers, of 'a Lot, or Lots, in Windswept
Subdivision, do hereby acknowledge receipt of the above disclosure statement..
This the day of
, 2005.
(SEAL) (SEAL)
IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/Managets(s), all the day
and year first above written..
SECOF,LLC
By: Betmlac, Inc.,,Membet - Manangez
By:
Its:
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER.
I, , a Notaty Public in and fat the
aforesaid State and County of , do hereby certify that
came before me this day and
acknowledged that he is of BERMLAC,
INC.., the Membei/Managet of SECOF, LLC, a North Carolina Limited Liability
Company, and that by authotity duly given and as the act of the company, the
foregoing instrument was signed in its name by him as its president of the
Membei/Managei.,
Witness my hand and official stamp or seal, this the day of
.2005.
Notaty Public
My commission expires:
\XFS11SYS\APPS\MSWDOCSIRobertIWINDSWEPT Subdivision- By RC.doc
18
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SEG50utkem F nvironmental Cirou , Inc.
Environmental) Dcvclopment; and Camsecvation Advisors
www.sae.us
J efer of Afency
Jam' c?uditm E-rwirommntal Group, Inc., (51f.Gi) the rOt to represent
- _ f dgr e Q J-- c 4 C in matters regarAngerrvirommntal consulting
scrvk" on r-i Proper owned by/ (,lnder Comma by/
at in
Counky/Countics, NoA Carofma Arotay tote date of December 31, 2003.
sand Owner/Agent
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910.+j2.7.y11 - Fmmg1or1z.Z8jOy - CffkOCe5cg$Ax5
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2005182s
Sheet1
joutkern Environmental Group, Inc.
5315 College Roadjuite E • Wilmington, Nortk Carolina 26+12
F10-452-2711 • Fax: [phone] . [e-mail]
www.segi.us
Wetland Determination Information Package
Project Name: Wind Swept SEGi Project #: 04-030.01
Owner: SECOF Applicant
(If different
from Owner): Matt Murphy
Project Site: Lighthouse Road in Federal Point Township, New Hanover County, NC
Parcel ID: R08500-002-033-007, R08500-033-002-008, R08500-033-002-009,
R08500-033-002-010, 88500-002-034-000
Project Size: Approx. 21 Acres Square Feet
Subdivision Name: N/A
Block and Lot #:
Directions to Site: Take US421 South toward Carolina Beach. The property can be accessed by
taking a right onto St. Vincent Dr. or a right onto Red Lighthouse Rd. The site
is located at the end of and between these two roads.
Nearest Water Body: Cape Fear River
Watershed: Cape Fear
Lat / Long N 34.07646° W W770 54.037'
USGS Quad Name: Carolina Beach
Wetland Acreage: q-+9 Jurisdictional N/A Isolated
Attached Maps:
EF=@P=0WP= D
OCT 1 4 2.005
UENR - WATER QUALOY
Page 1 WETLANDS AND STORMWATER BRANCH
/`(yu
U.S. ARMY CORPS OF ENGINEERS Rr; 8M[
[D
Wilmington District t
Action Id. 200400402 County: New Hanover Quad: Carolina Beach
Notification of Jurisdictional Determination
Responsible Party: Secof Development Agent: Southern Environmental Group
Attn: Matt Murphy Attn: David Syster
Address: 1202 Lake Park Boulevard 3973 B Market Street
Carolina Beach, NC 28428 Wilmington, NC 28403
Cc: Terry Richardson
3602 Kirby Smith Drive
Wilmington, NC 28409
Decimal Degrees: North: 34.07646° West: 77.895220
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 21 acres located to the south
of Red Lighthouse Lane, west of Carolina Beach Road (Hwy 421), in the headwaters of and adjacent to Telfairs Creek, south of
Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in the headwaters of and adjacent to Telfairs Creek. This determination is based on information submitted by David Syster
of Southern Environmental Group on February 17, 2004, and a site visit by Angie Pennock on January 14, 2004.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed lines must be verified by our staff before the Corps will make a final jurisdictional determination on your
property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more tirriely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on vnnr land havr haan dalinPafad anti +ha 1.-;+c -f f`t.,.-
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The project is located in one of the 20 Coastal Co antic You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work, on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
Date March 19, 2004 Expiration Date March 19, 2009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
NOIIFIC4TION 0? ?bIINISTRTIVE APPEALOPTT C-ESS .A"IYD
v 1 a t? t
! REQUEST TOR"4P?Pl?A;L?, ? y

Applicant: Secof Development File Number: 200400402 Date: 03.19.04
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights'and options regarding ail administrative appeal of the abo-y c
decision. Additional information maybe found at http://usace armv.mil!inct/functions/c«'%cecNNo re,, or
Corps regulations at 33CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: -PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you. may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION TI - REQUEST FOR APPEAL or OBJECTIONS TO AN MTIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
'initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS` OR INFORMATION:
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Ms. Angie Pennock Mr. Arthur Middleton, Administrative Appeal Review Officer
United States Army Corps of Engineers or [phone] CESAD-ET-CO-R
Wilmington District, Regulatory Division U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Avenue 60 Forsyth Street, Room 9M15
Wilmington, NC 28402-1890 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
Z
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Office Use On : Form Version May 2002
USACE Action ID No. DWQ No. _ 2 0 0 5 1 9 2 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
Q Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
D 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
H. Applicant Information
1. Owner/Applicant Information

Name: Seeof Development
Mailing Address: % Matt Murphy 0 C T X 4 2005 L"!
;-d'
1202 Lake Park Blvd.
Carolina ENR - WATER QUALITY
Beach, NC 28428 *ErLAWDS AND sTORMW,q7j?4 BRMcH
Telephone Number: 910.458.5605 Fax Number: Not Applicable
E-mail Address: Not Applicable
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Road, Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran66egi.us
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a
small scale such that the final version is illegible, the applicant will be informed that the project
has been placed on hold until decipherable maps are provided.
1. Name of project: Wind Swept Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): R08500-002-033-007, R08500-033-002-008
R08504-033-002-009, R08500-033-002-010 R8500-002-034-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.):
Take US421 South toward Carolina Beach The property can be accessed by taking a
right onto St. Vincent Dr. or a right onto Red Lighthouse Rd The site is located at the
end of and between these two roads.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34.076461 W77.895220 -
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): - 21.0 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Telfairs Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site is currently undeveloped with woody vegetation. Please see the attached aerial
photograph, soils map, and topographic map included in the application packet.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The property is zoned R-15. 24.5 acres will be disturbed to develop a residential
subdivision. Heavy machinery including bulldozers and other equipment will be used
to construct the access roads, implement stormwater mechanisms, and build homes on
the property.
11. Explain the purpose of the proposed work:
The purpose of the work includes clearing the land and constructing the access roads
and detention ponds. Only the access road will impact wetlands
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Action ID # 200400402 (Notification of Jurisdictional Determination)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:_
Impact Area l: Fill is necessary for the placement of the access road
Impact Area 2: Rip-rap placement - required by the DWQ to prevent erosion from
storm water runoff coming though culvert
Impact Area 3: Rip-rap fill for strormwater runoff coming from the road
Impact Area 4: Fill is necessary for the placement of the access road
Impact Area 5: Rip-rap fill for stoomwater runoff coming from the road
Impact Area 6: Fill is necessary for the placement of the access road
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 Fill 0.30 No NA wet flat
2 Fill 0.005 No NA wet flat
3 Fill 0.003 No NA wet flat
4 Fill 2 sq. ft. No NA wet flat
5 Fill 0.002 No NA wet flat
6 Fill 0.006 No NA wet flat
fi List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at htto://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 9.98 Acres
Total area of wetland impact proposed: 0.33 acres
2. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 4 of 8
wtivw.usas.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., ww-w.topozone.com,
wwvv.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
(if Name applicable) Wateplicabllee) Type of Waterbody
(lake, pond, estuary, sound,.
bay, ocean, etc.

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): Z uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater retention ponds
Size of watershed draining to pond: Not Applicable
Expected pond surface area: 0.72 acre
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed fill is necessary to allow construction of an access road to lots within the
proposed subdivision. A permit was issued for a proposed road crossing to be placed in
another area of the project site The applicant purchased the parcel to the south of the
proposed road which already had a dirt pathway and chose to pave it instead, thus
significantly reducing the impacts to wetlands.
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2 o. enr.state.nc. us/ncwetlands/strmy,ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Preservation of existing wetlands (see attached Restrictive Covenants)
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Page 6 of 8
Amount of Non-riparian wetland mitigation requested (acres):Not applicable.
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1.
IX.
Environmental Documentation (required by DWQ)
(federal/state) land?
Yes ? No 0
Does the project involve an expenditure of public (federal/state) funds or the use of public
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence. from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Yes ? No 0 If you answered "yes", provide the following information:
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone* s uImpact are feet Multiplier Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage is 40.2 ac., 24.5 ac of that will be disturbed and 7.07 acre will be
impervious. 17.6 % impervious. Detention ponds will be created to handle stormwater
runoff.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal water and septic.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No Rx
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
fig ?? 9-ag^o5
Applicant/`Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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PLAN REVIEW COMMENTS:
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N N

S ep. 2. 2005 3:39PM No.5879 P. 11
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PLAN REVIEW COMMENTS:

Sep. 2. 2005 3:
NEW HANOV 39PM ((,,?? No•5879 P
ER COUNTY RR3IDEIN4 BUILDING PERMIT INSPECTION CARD . 12
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;LAN REVIEW COMMENTS:
N N tG

Sep- 2. 2005 3:3 , No-5879 P.
9PM 13
NEW HAI?OVl r
rR COUNTY RESIDENTIAL IUILDING PERMIT INSPECTION CARD
PERIip{T rj 6
(J ADDRESS: SUBDIVI j o °f cp
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF WINDSWEPT SUBDIVISION
This Declaration, made this day of 2005, by SECOF, LLC,
A North Carolina Limited Liability Company, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of 'protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof'.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater• Management Permit Number SW ,
as issued by the Division of Water- Quality under- NCAN 2H. 1000.. The State of North
Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stotmwater management permit,. The covenants are to run with the
land and be binding on all persons and parties claiming under- them.. 'the covenants
pertaining to stormwater- may not be altered or rescinded without the express written
consent ofthe State of'North Carolina Division of Water Quality. Alteration of the
drainage as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality..
ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section I ASSOCIATION shall mean and iefer to WINDSWEPT HOA, INC.., a
North Carolina non profit corporation, its successors and assigns, the owners' association
organized for the mutual benefit and protection of all the Properties, within Snows Cut
Landing, as expanded from time to time, herein after referred to as the Properties.. All
property owners of lots in WINDSWEPT SUBDIVISION and any adjoining areas
hereinafter developed and subjected to this declaration, if any, shall be members of the
association, which membership shall be appurtenant to and may not be separated fiom the
ownership of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of the Association, or at a
Special Meeting duly called for that purpose., The initial committee shall be elected at a
special meeting called for that purpose after the period of Developer control has ended..
The committee shall, after the period of'Declarant control, exercise the architectural
review and controls established by this Declaration, and all amendments hereto.,
Section 3 OWNER shall mean and refer to the record owner(s), whether one or
more persons or entities, of fee simple title to any lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation
Section 4 PROPERTIES shall mean and refer to all of WINDSWEPT
SUBDIVISION as described above, and any additional properties that may hereafter be
brought within the ,jurisdiction of the Association as herein provided..
Section S ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one-mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration.. No additional
properties may be annexed without prior approval of HUDNA, if'so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed.
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Snows Cut Landing. The common area to
be owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of WINDSWEPT SUBDIVISION,
if any, recorded or to be recorded in New Hanover County Registry. The term shall also
2
include any additional property or Lot later designated as Common Area by the
Declarant, as provided for herein, and any detention, and/or retention pond(s) located
within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of'the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), and all roads, streets, (hives and rights of'-way in WINDSWEPT
Subdivision, as expanded from time to time..
Section 8 DECLARANT shall be used interchangeably with Developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if'such successors and
assigns should acquire the remaining undeveloped property in WINDSWEPI
Subdivision from the Declarant for the purpose of development..
Section 9 DECLARATION shall mean this instrument as it may be from time to
time amended or- supplemented,
. Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of'directors and means the body, regardless of'name, designated in this Declaration or
otherwise to act on behalf' of the association..
Section 11 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association,,
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of'making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of'planned communities;(vi) to make the planned
community subject to a master association;(vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfers all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights permanently or for limited time periods,
Section 13 LIMITED COMMON AREAS AND FACILIIES -WINDSWEPT
Subdivision has no Limited Common Area, but if it ever does, it will be for the use of'all
Lot Owners.
Section 14 ADDITIONAL SPECIAL DECLARANT RIGHTS Declaiant
reserves the right, in its sole discretion, to construct improvements, or to allow
construction of improvements, including, but not limited to a swimming pool and related
facilities, upon a portion of the Common Area. Upon completion of such improvements
Association Dues shall be recalculated to include the costs of insuring and maintaining
such improvements,
ARTICLE H
PROPERTY RIGHTS AND EASEMENTS
Section I .OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, and all roads, streets, drives and rights of
way in Snows Cut Landing, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after the period of'Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non-owner members;
B.. The right of the Declarant, and after the period of'Declar•ant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C.• The Declarant, and after the period of'Declarant control, the Association may
grant a security interest in or convey the Common areas, or dedicate or
ttansfer all or part of' the common areas, to any public agency, authority or-
utility for such purposes and subject to such conditions as may be agreed to by
at least (80%) eighty percent of the members, excluding the developer;
provided, however, that the Declarant, and after the period of Declatant
control, the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through or- over- the common
areas. No conveyance or encumbrance of common elements shall deprive any
Lot of its rights of access or, support.,
D., the right of the Declarant, and after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if' any, and improvements thereon, which regulation may further restrict
the use of the common area.
Section 2. EASEMENT'S IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the
4
ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or- other public conveyances or
utilities on, in of over each lot, the rights of way of roads and streets, and such
other areas as are shown on the plat, of the properties recorded or to be
recorded in the office of the Register- of'Deeds of'New Hanover County,
provided further, that the Declar ant may cut drain ways for surface water-
whenever- such action may appear to the Developer to be necessary in order- to
maintain reasonably standards ofhealth, safety, and appearance, These
easements and rights of way expressly include the right to cut any trees,
bushes or shrubbery, make any grading of'the soil, or take any other similar
action reasonably necessary to provide economical and safe utility installation
and to maintain reasonable standards of health, safety and appearance.. The
Declarant further reserves the right to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or-
subsequently designated for such use or to locate same upon any lot with the
permission ofthe owner of' such lot. Such rights may be exercised by any
licensee of the Declarant, but this reservation shall not be considered an
obligation of the Declarant to provide or maintain any such utility of service.
B.. the developer- reserves the right to subject the real property in this subdivision
to a contract with the Carolina Power and Light, their successor or assigns, for
the installation of'str•eet lighting, which requires a continuing monthly
payment to such utility company by each residential customer-.
C.. Easements over all private streets and roads, access easements, and the
common areas within the planned community as necessary to provide access,
ingress and egress to and the installation of 'utilities for any property.
D. All easements and rights described herein are perpetual easements
appurtenant, running with the land, and shall inure to the benefit of and be
binding on the Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other- person having an interest in
the Planned Community, or any part or portion thereof, regardless of whether
or- not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of'obligation, to the easements and
rights described in this declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.
Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned. When more than one person holds an interest in any lot,
all such persons shall be members. The vote for such lot shall be exercised as the owners
of'such lot among themselves determine, but in no event shall more than one vote be cast
with respect to any lot..
ARTICLE IV
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all of the powers and duties
of the Board of Directors may be exercised by the Declarant until such time as 75% of
the lot have been sold and conveyed by the Declarant to purchasers or until January 2010,
whichever occurs first. Management and control may be transferred to the lot owners at
any time but no later than 36 months after the happening of either of the above events.
The Developer may maintain architectural control until all lots have been sold, or until
such control shall be expressly relinquished to the Association in writing, whichever
occurs earliest.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for, assessments. Each lot
owner- covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments.,
B. Special assessments..
C, Insurance assessments.
D.. Ad valorem Tax assessments.
E Working capital assessments..
These assessments together with interest, costs, and reasonable attorney's fees,
shall be a charge on the land and shall be a continuing lien upon the respective Lot
against which the charges ar•e assessed.. Such charges and reasonable attorney's fees shall
also be the per sonal obligation of the person who was the owner of such lot at the time
the assessment fell due.. The personal obligation for delinquent assessments shall not
pass to the owner's successors in title unless expressly assumed by them, or a lien for
such charges has been filed in the Office of the Clerk of'Court of'New Hanover County
prior to transfer of title to such successor-; however, such charges remain a lien on the
Lot, in any event..
Section 2 Purpose Of' Annual Assesments The annual assessments levied by the
association shall be used to promote the recreation, health, safety and welfare of the
6
owners and residents of'the planned community and for the maintenance, repair, and
replacement of the common elements, any limited common elements, any r epairs or
reconstructions of* units required or allowed by this Declaration, and any
retention/detention pond(s) located within the subdivision. The funds arising from said
assessments of'charges, may be used for, but is not limited to, any or all of the following
purposes: Operations, maintenance and improvements of the common areas, including all
private roads, streets and rights-of=way, and any limited common areas, including
payment of utilities, enforcing this declaration: paying taxes, insurance premiums, legal
and accounting fees and governmental charges: establishing working capital: paying dues
and assessments to any organization or master association of'which the Association is a
member, and in addition, doing any other things necessary or desirable in the opinion of
the Association to keep the common areas and limited common areas in good operating
order and repair.
Section 3 Annual Assessments Annual assessments shall be in an amount to be
fixed from year to year by the Board of'Directors which may establish different rates
from year to year as it may deem necessary for, the purposes set forth in Section 2 above.
The amount of'the annual assessment against each lot far any given year shall be fixed at
least 30 days in advance of the annual assessment period, provided, however that the first
annual assessment shall be set prior to the conveyance of the first lot to an owner at or,
prior to the closing of 'their lots.. Written notice of* each annual assessment thereafter shall
be sent to every owner subject thereto.. The due date shall be established by the Board of
Directors, and the Board of'Directors shall have the authority to require the assessments
to be paid in pro rata monthly installments. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The Initial Dues are set at
$300..00 per year, billed monthly, $25.00 per month, or quarterly, $75..00 pet quarter..
At such time as a pool, clubhouse, or other improvements ate constructed on the
common area, the annual dues may increase..
Section 4 Initial Working Capital Assessment Each purchaser of* a lot from the
Declatant, or- its successor, shall pay to the Association a Working Capital assessment of
$100.00..
Section 5 Special Assessments For Capital Improvement In addition to the annual
assessments authorized above, the association may levy, in any assessment year, a special
assessment applicable to the year only for the purpose of' defraying in whole or in part,
the cost of* any common area improvements or maintenance.. Any such assessment shall
have the assent of two-thuds of'the votes of the members who are voting in person or by
proxy at a meeting duly called for- this purpose..
Section 6 Insurance Assessments The Board of Directors on behalf' of the
Association as a common expense, shall at all times keep the property of the Association,
if' any, insured against loss or, damage by fire or other hazards and other such risks,
including, but not limited to, directors' liability and public liability insurance, upon such
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terms and for such amounts as may be reasonably necessary from time to time to protect
the Properties and common area, which insurance shall be payable in case of' loss to the
Association for- all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all claims. Such insurance shall be obtained without
prejudice to the right of each member, to insure his personal property for his own benefit
at his own expense. In no event shall the insurance purchased by the members or- their
mortgagees. The Association reserves the right to assess members in an amount sufficient
to pay the cost of all such deductibles and insurance premiums not included as a
component of the annual assessment.. These insurance assessments shall include but are
not limited to Ad valorem tax assessments.
Section 7 Rate of Assessment The Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated..
Section 8 .Commencement of Assessments Assessments for each lot shall
commence upon the date of closing by an owner, from the Declarant.
Section 9 Effect of'Non a ment of'Assessments and Remedies ofthe
Association Any Assessment not paid within Thirty (30) days after- the due date shall
bear- interest fiom the due date at the highest interest rate allowable by law.. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other legal or
equitable remedy available.. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common area or by abandoning his lot_
The association may also establish and collect late fees for- delinquent installments.,
Section 10 Lien for Assessments. The Association may file a lien against a lot
when any assessment levied is left unpaid for a period of 30 days or longer.
A . The lien shall constitute a lien against the Lot when and after- the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanovei County.. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power- of sale under- article 2A
of chapter 45 of the General statutes,, The Trustee for- such foreclosure
shall be a person or- entity appointed in writing by the Board or Officers of
the Association, Fees, charges, late charges fines, interest, reasonable
attorney's fees, and other- charges imposed pursuant to Sections 47F-3-
102, 47F-3-107, 47F-3-107..1 and 47F-3-115 of the Act are enforceable as
Assessments.,
B . The lien under- this section shall be prior- to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or• deed of trust on the lot) recorded before the
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docketing of'the claim of lien in the office of the Clerk of Superior court,
and (ii) liens for- real estate taxes and other governmental assessments and
charges against the lot..
C.. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three yeats after the docketing of
the claim of lien in the office of the Clerk of the Superior Court.
D.. A.ny.judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.,
E.. Where the holder of 'a fast mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a fir st
mortgage or deed of trust, such purchaser- and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which
became due prior to the acquisition of title to the Lot be such purchaser
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns..
F. A claim of lien shall set forth the name and addresses of'the association,
the name of the record owner of'the Lot at the time the claim of lien is
filed, a description of the Lot and the amount of the lien claimed..
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section 1 The Architectural Control Committee/Board of* Director s/Executive
Board All duties and responsibilities conferred upon the Architectural Control Committee
by this Declaration or the Bylaws of the Association shall be exercised and performed by
the Declarant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property. The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board..
Section 2 Plan of'Planned Community The tight to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility, stormwater, and drainage facilities and easements and to
change, alter or redesignate such other present and proposed amenities, common
elements, or facilities as may in the sole judgment and discretion of Declarant be
necessary or desirable.. The Declatant hereby expressly reserves unto itself, its successors
and assigns, the right to replat any one (1) or more lots shown on the plat of any
subdivision of the property of additional property in order, to create one or more modified
lots: to further subdivide tracts or lots shown on any such subdivision plat into two or
more lots; to recombine one or, more tracts or Lots or a tract and Lots to create a larger
tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of any plats of the planned
community lots that are not otherwise buildable or, are needed or- desired by Declarant for
access ovate needed or desired by Declarant fox, use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or, others, or which are needed fox- the installation of
utilities, common elements or amenities, and to take such steps as are reasonably
necessary to make such re-platted Lots or- tracts suitable and fit as a building site, access
area, roadway or common elements., Declarant specifically reserves the tight, but not
obligation, to convert one Lot owned by the Declatant, or its successor-, to Common Area
for the subdivision.
Section 3 Amendment of'Declaxation by the Declarant. This Declaration may be
amended without member approval by the Declatant, or the board of the Association, as
the case may be, as follows:
A.. In any respect, prior to the sale of the fast lot..
S.. To the extent this declaration applies to additional property.
C.. To correct any obvious error or inconsistency in drafting, typing, or
reproduction.
D.. To qualify the Association or- the property and additional property, or any
portion thereof, for tax-exempt status.
E. To incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To conform this declaration to the requirements of any law or governmental
agency having legal jurisdiction over, the property or any Additional Property
or- to qualify the property or any additional property or- any Lots and
improvements thereon for mortgage or improvement loans made, insured or-
guaranteed by a governmental agency belonging to, sponsored by, or under
the substantial control of the United States Governmental or the State of'North
Carolina, regarding purchase or sale of 'such lots and improvements, or
mortgage interests therein, as well as any other law or• regulation relating to
the control of 'the propetty, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health,
safety and general welfare., A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
U.• S.. Department of housing and urban development, the federal home loan
mortgage corporation, Government National mortgage corporation, or the
Federal National Mortgage Association, requesting or- suggesting an
amendment necessary to comply with the requirements of such corporation or
agency, provided that the changes made substantially conform to such request
or suggestion. Notwithstanding anything else herein to the contrary, only the
Declat•ant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section..
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ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1 Architectural Control and Maintenance After the period of Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of'plans for building and site improvements.. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
feet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed-type porches, even
though attached to the house are specifically excluded from the definition ofthe
aforesaid term "heated square footage"..
B.. Since the establishment of inflexible building setback lines for
location of houses on Lots tends to force construction of houses directly to the
side of'other homes with detrimental effects on privacy, view, preservation of
important trees and other vegetation, ecological and related considerations, no
specific setback lines shall be established by this Declaration. In order to assure,
however, that the foregoing considerations are given maximum effect, the site and
location of any house or dwelling or- other structure upon any Lot shall be
controlled by and must be approved absolutely by the Declarant, and after the
period of'Declar•ant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot Line than is
permitted by applicable governmental regulations.
C . The exterior of all dwellings and other structures must be completed
within twelve (12) months after the construction of same shall have commenced,
except where such completion is impossible or would result in great hardship to
the Owner or builder-, due to strikes, fires, national emergency, natural calamities,
or complexity of design and construction.,
D., Fences shall be permitted on any Lot, provided, however, that the
design, placement, and materials of any fence are approved by the Declarant, and
after- the period of Declarant control, by the Architectural Review Committee.. No
fence shall be permitted any further forward the front corners of the house on the
lot.. No chain link fences may be visible from the streets that border the lot.
Clotheslines are permitted on lots, however-, no clothesline may be visible from
the streets that border the lot upon which the clothesline is located.
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R. Off'street parking for not less than (2) two passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf stone, or any other material approved by the
Declarant, and after the period of'Declatant control, by the Architectural Control
Committee.
F . the Declarant may, at its option, construct and install sprinkler,
systems upon some or all of the lots in the development.. However after a lot with
a sprinkler system has been conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair, including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
G.. It shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their- lawns and environment in the manner that has been
approved by the Declarant, and after the period of'Declar•ant control, by the
Architectural Control Committee..
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for, any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained herein, and the right to convert lots to Common Area, or- a lot
for access to adjacent property.. All numbered Lots are restricted for construction
of'one single family dwelling not to exceed two stories in height (plus such
detached garages and other accessory buildings as may be approved in their sole
discretion by the Declarant, and after the period of'Declarant control, by the
Architectural Control Committee)..
B., NUISANCES No noxious or offensive activity shall be carried on
upon any lot, not shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.. Them shall not be maintained any
plants or animals, nor, device or thing of any sort whose normal activities or,
existence are in any way noxious, dangerous, unsightly, or of other nature as may
significantly diminish or destroy the enjoyment of other lots by the owners
thereof'. It shall be the responsibility of each owner, to prevent the development of
any unclean, unsightly of unkept condition of buildings or- grounds on the
Owner's lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.
C.. TEMPORARY STRUCTURES No structure of'a temporary
character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether- temporarily or permanently
without the written consent of the Declarant, and after- the period of'Declatant
control, by the Association.
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D.. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or- other household pets, provided they ate not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above..
E.. TELEVISION SATELLITE DISHES AND OUTSIDE
ANTENNAS No yard statuary or, TV satellite signal receiving dishes are
permitted on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until permission for the same has been
granted by the Declarant, and after the period of'Declatant control, by the
Architectural Control Committee; provided, however satellite dishes under 18" in
diameter which cannot be seen from the street are permitted.
F . EXTERIOR LIGHTS All light bulbs and other- lights installed on
any fixture located on the exterior of any building or any lot shall be of clear,
white, non-frost or- yellow bug bulbs.,
G.. SIGNS No signs (including "for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of'the Executive
Board, provided, however the Declarant may, so long as it owns any lot, maintain
for sale signs on Declatants lots and signs on its lots and in the common area
generally advertising the planned community.,
H.. JUNK VEHICLES No inoperable vehicle will be permitted on
the premises.. The Association shall have the tight to have all vehicles towed away
at the owner's expense.
I, SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of 'the Declarant during the Declarant control period and
thereafter by the Board of'Directors of'the Association..
J. FENCING In order to maintain compliance with all stormwater
permits, no fencing will be allowed on, or along, any drainage or access easement
between any lot and any common area, conservation area, or recreation area
without the express written consent of'the Declarant.
K_ IMPERVIOUS SURFACE No more than 2500 square feet of any
lot shall be covered by structures or impervious materials. This allotted amount
includes any built upon areas constructed within the property boundaries, and that
portion of'the road right-of-way between the front lot line and the edge of'the
pavement,. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, brick, stone, slate, coquina, parking areas, or- similar material but
13
do not include raised open wood decking or the water surface of'swimming pools.
Built upon area in excess of'the permitted amount requires a state stormwater
management permit modification prior to construction.
All runoff'ff•om the built upon areas on the Lot must drain into permitted
systems.. This may be accomplished through the use of roof'drain gutters which
drain to the street, grading the lot to drain toward the street, or grading perimeter
swales to collect lot runoff and directing them into the stormwater• system, or into
the street.. Lots that naturally drain toward the street are not required to provide
these additional measures,
L.. SWALES. Swales shall not be filled in, piped, or altered except as
necessary to provide driveway crossing.
M.. STORMWATER All permitted runoff'fiom out parcels or future
development shall be directed into the permitted stormwater control system.
These connections to the stormwater control system shall be performed in a
manner that maintains the integrity and performance of'the system as permitted..
N., MECHANICS No mechanical or- maintenance work shall be done
on cars or- other- machinery or equipment in the front or- side yard of'any home,
or in the street in front of'any Lot.
O.. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or- on pads,
the design and location of which must be approved by the Declarant, and after- the
period of'Declarant control, by the Architectural Review Committee, and may not
be parked in the front or, side yard, or in the street in front of any Lot.,
P. LEASES No property shall be leased for- less than 6 months.
Q.. MODULAR AND MOBILE HOMES No modular- or mobile
homes shall be placed on any lot.
R. WINDOW TREATMENTS Permanent window treatments must
be installed on all new homes within 30 days of* occupancy,,
S. EXTERIOR MAINTENANCE Each lot owner shall maintain the
exterior of'all buildings, walls, and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts and shall regularly
repaint all painted surfaces and shall not permit the roofs, rain gutters,
downspouts, exterior walls, windows, doors, or other exterior portions of the
improvements to deteriorate in an unattractive manner. The maintenance
referenced herein may be supervised and regulated by the WINDSWEPT
SUBDIVISION HOMEOWNERS ASSOCIATION, INC.., as hereinafter- provided
and herein-after referenced as "the Association". In the event that the lot owner
shall fail to comply with these maintenance requirements, the Association is
14
hereby expressly authorized, and the lot owner- hereby expressly agrees, that said
maintenance and/or repair- may be effected by the said Association with the
expenses incurred for the same to be assessed against the individual lot owner as a
special assessment and subject to the regulations regarding liens and assessments
as herein set forth..
ARTICLE VII
STORMWAIER/RUNOFF FACILITIES
Section 1 Transfer of'Permit The Association and each of its Members agree
that at anytime after (i) all work required under- the Stormwater Permit has been
completed (other- than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations from transferring the Stormwater Permit to the
Association, the Association's Manager shall, without any vote or approval of'Lot
Owners, and within 10 days after being requested to do so, sign all documents required
by DENR for the Stormwater Permit to be transferred to the Association.. If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific performance in the courts of'North Carolina requiring that the
Association Manager- signs all documents necessary for the Stormwater Permit to be
transferred to the Association. Failure of 'the Manager to sign as provided herin shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stormwater Permit.,
Section 2 Hold Harmless the stormwater retention/detention pond(s) and
related facilities constitute Common elements/Area, and the Association is responsible
for operation and maintenance of such. The Association shall indemnify and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for
operation and maintenance under the stormwater permit after the permit is transferred to
the association, as provided for above
ARTICLE VIII
LOTS SUBJECT TO DEQLARATIQN/ENFORCEMENT
Section 1 Lots subject to declaration. The covenants and restrictions contained in
this declaration are for, the purpose of protecting the value and desirability of' the planned
community and the lots.. All present and future owners, tenants and occupants of lot and
their, guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended fiom time to time, and all Rules and
Regulations set by the Declarant, or- Executive Board after the period of'Developer
Control. The acceptance of 'a deed of conveyance, or, the entering into of a lease or the
entering into occupancy of any lot, shall constitute an agreement that the provisions of
the Declaration are accepted and ratified by such owner, tenant, or occupant. The
covenants and restrictions of this Declaration shall run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
15
and assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) ,years, unless amended or terminated by the Lot Owners..
Section 2 Miscellaneous Failure by the association, or by an owner, to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter, The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
Institutional lender or Institutional lenders as the term is used herein, shall mean
and refer to banks, savings and loans, savings banks, insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of'such first
mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or- shall be the owner of'any lot, such Institutional Lender or
lenders shall have the following rights..
A. To be furnished with at least one copy ofthe Annual Financial statement and
report of'the association, including a detailed statement of'annual carrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by April 15th of each calendar- ,year-.
B. To be given notice of 'the association of the call of any meeting of the
membership to be held for the purpose of'considering any proposed
Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings .
C. To be given notice of'default in the payment of'assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of'such
Institutional lender or- lenders, or to the place which it or they may designate
in writing to the Association.
D.. Io inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof, for a reasonable copying fee.
E.. To be given notice by the Association of any substantial damage to any part of
the common area,
F . To be given notice by the association if'any portion of the common area is
made the subject matter of any condemnation of'eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority..
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ARTICLE IX
GENERAL PROVISIONS
Section 1. Enforcement.. The Association, or any Owner, shall have
the right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter imposed
by the provisions of'this Declaration. Failure by the Association or- by an owner
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver- of'the right to do so thereafter.
Section 2.. Severability- Invalidation of'any one of 'these covenants or
restrictions by judgment or court order shall in no way affect any other- provision
which shall remain in full force and effect..
Section I Amendment of Covenants.. Except as otherwise provided in
these Covenants, the terms herein may not be amended during the period of
Developer Control.. After the period of'Developer Control the terms herein may
not be amended unless seventy five pet-cent (75%) o€'the Lot Owners agree to
such amendment at a meeting duly called for- the purpose of'voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed by all Lot owners approving, and which
writing shall be recorded in the Registry of New Hanover- County.. In no event
shall any amendment be effective to remove or modify any of'the Declarant's
rights without the written approval of the Declarant..
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ARTICLE X
CONSERVATION OF DECLARATION
This DECLARATION OF CONSERVATION COVENANTS, CONDITIONS, AND
RESTRICTIONS is made on this 6 b day of October 2005.
RECITALS AND CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation property
(Windswept Subdivision). Being approximately 21 acres, more particularly
described in Exhibit A attached hereto and be this reference incorporated herein
(Map US% Page to?).
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the property, and prevent the use of
development of the Property for any purpose or in any manner that would conflict
with the maintenance of the Property in its original condition. The preservation of
the property in its natural condition is a condition of Department of the Army
permit Action ID soaloo yoZ issued by the Wilmington District Corps of
Engineers (Corps), required to mitigate for unavoidable impacts to waters of the
US authorized by that permit, and this conservation may therefore be enforced by
the USA.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE 1. PROHIBITED AND RESTRICTED ACTIVITIES
Any Activity n, or use of, the property inconsistent with the purposes of this
Conservation Declaration is prohibited. The property shall be maintained in its natural,
scenic and open condition and restricted from any development or use that would impair
or interfere with the conservation proposes of this Conservation Declaration set forth
above.
Without limited the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any Change Disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-
native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt, or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, Conduit, line, pier, landing, dock, or any other
temporary or permanent structure or facility on or above the Property.
C. Industrial, Commercial, and Residential Use. Industrial, commercial and
residential activities including any right of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticulture use. Agricultural, grazing, animal
husbandry and horticultural use of the property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on
the property.
G. Signage. NO signs shall be permitted on or over the property, except the posting
of no trespassing signs, signs identifying the conservation values of the property,
signs giving directions or proscribing rules and regulations for the use of the
property and/or signs identifying the Grantor as owner of the property.
H. Dum iinng or storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste or any placement of underground or aboveground storage tanks
or other materials on the Property is prohibited.
1. Excavation, dredging, or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock
peat, minerals, or other materials, and no change in the topography of the land in
any manner on the property except to restore natural topography or drainage
patterns.
Water Quality and Drainage pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the
restored, enhanced, or created drainage patterns. In addition, diverting or causing or
permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal or wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conversation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles including but not limited to
motorcycles, dirt bikes, all-terrain vehicles, cars and truck is prohibited.
M. Other Prohibitions. Any other use of activity on the property, which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, US Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declaration under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage o property or
harm to the property resulting from such causes.
ARTICLES III. PUBLIC ACCESS
A. This conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any
existing utility lines, Declarations and rights of way.
B. Titles. The Declarant covenants and represents that the Declarant is the sole
owner and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the Property, that the Property is free and clear of
any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with the respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings, or agreements relating to the Conservation
Declaration. If any provision id found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid shall not be affected
thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of New &v?ove- - County, North
Carolina, and may re-record it at any time as may be required to preserve its rights.
D. Environmental condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all the federal, state, and local environmental laws, and .
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes or environmentally regulated substances (including \m without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing in the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DISCLOSURE OF PRIVATE ROADWAY
Re: WINDSWEPT SUBDIVISION
This disclosure is given in accordance with North Carolina General Statutes Section 136-
102.6, in connection with your put-chase of'a Windswept Subdivision Lot.. The purpose is to advise
you that the roads, drives and streets serving all Lots in Windswept Subdivision are, or will be,
designated on the Subdivision maps as a private roads, not a public roads.. All of'the property owners
of property on the private roads have easements with each other in order to ti avel over and across the
roadways. As a private, not public, roads this property is not open for use by the general public,
rather-, is restricted for- use only by the owners, tenants and guests in the development As private
roads, and not public roads, the responsibility for- maintenance ofthese roads is upon the property
owners. No representation is made to you that construction of this roadway is sufficient to be
included in the State secondary road system or that the State of'North Carolina would eventually
assume maintenance of these roadways.
The owners ofthe Lots in Windswept Subdivision will be responsible for sharing the costs of
maintenance of'said private roads, through the Owners' Association.
Some lending vehicles may not be available to pr-opetties located on private drives, or-
properties that are located in what may be deemed to be a "planned unit" development. This is
usually not an issue as long as long as maintenance is provided for- the roads,
This the day of
SECOF LLC
By: Bermlac, Inc
BY:
, 2005.
The undersigned purchasers, or potential purchasers, of 'a Lot, or Lots, in Windswept
Subdivision, do hereby acknowledge receipt of the above disclosure statement..
This the day of , 2005.
(SEAL) (SEAL)
IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/Managers(s), all the day
and year first above written..
SECOF,LLC
By: Bermlac, Inc., Member - Manangei
By:
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
I, , a Notary Public in and for the
aforesaid State and County of , do hereby certify that
came before me this day and
acknowledged that he is of BERMLAC,
INC.., the Membei/Mana.ger of SECOF, LLC, a North Carolina. Limited Liability
Company, and that by authority duly given and as the act of the company, the
foregoing instrument was signed in its name by him as its president of the
Membei/Managei.
Witness my hand and official stamp or seal, this the day of
, 2005.
Notary Public
My commission expires:
i1FS11SYSIAPPSIMSWDOCSIRobertlWINDSWEPT Subdivision- By RC.doc
18
SEGO
Southern Environmental Grow Inc-
F_nvironmentsl) Development, and Conservation Advisors
wwW-140.us
ewer afAff-en
?, ,_..,..., . l +?L? ? s/AD/?? 0' -- -- hereby grant
5out6Gm Er vironmental Group, Inc, (5LGi) the right to represent
-,-<' 4Ee Q A?' G L e- in matters regarJ;nSenvir-Onmcntaj cCMMWMS
scr&os on real property owned by/ (Ander Contract by/
at in
Cour4VCourwOos, North &rofm through the date of December 31, ZW3.
Land Owner/Ages
/o a -0-4-
Date
5 5outh Cie Rid, 5uite r- WJW, NoA Ceram Is+12
910.+52.Z7)1 • Fm 9 t 0."2-zsg9 - off e*segr us
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ZUZZS
N.C. Division of Water Quality
Inventory: Development:Windswept - Dev
10/26/2005
200.00
BB&T - Checking DWQ# 2005-1926
8?@&Rfl
D
NOV 2005
y?,DE 1 -
? ? 5ASTT Q JAUT?
R SR,gNCH
200.00
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you,
¦ Attach this card to the back of the mailpiece, '
or on the front if space permits.
1. Article Addressed to:
Southern Environmental Group,Ine
Attn: Dan- Lutheran
5315 South College Road Ste E
Wilmington,NC 28412
DWQ# 2005-1926-New Hanover
A. Signature
? Agent
11 Addresse(
Received by (Printed Name) C. Date of Deliver)
t,.vuy?ca X.. so I," iii -.?/-
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Jjl? Certified Mail ? Express Mail
? Registered 'Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
?. Article Number - -
(rransferfrom service ?a 7205 1820 0006 0493 2755
?0 If-- '3011 nnnA
UNITED STATES POSTAL SERVICE
• Sender: Please
First-Class Malt
,, • ; \ Postage & Fees Paid
LISPS
.° _ Permit No G-1D .:
OCT
4a'mfq, address,`and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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