SW8970532_HISTORICAL FILE_20160921

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 0/ 7('S�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME
NAME �� �'`' .�� REPRESENTING
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00_p.m. Viewing time ends at 445
p.m, Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for_25 or less copies.: cost per „copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review „area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME
1. G7�•9r"�� r le-- ;9V7-E
k,
Signature/Name of Firm or Business Date
(Please attach business card to form if available)
# Copes: 1 K Amt. Pd: �/
COUNTY
Time In Time Out

Corporations Division
Page 1 of 1
Click Here To:
North Carolina
Elaine F. Marshall DEPAR"T"MENT 017THE
Secretary SECRETARYOF STATE
POEtox2J!i22 Raleigh, 14C 27626-0622 (3191007.2040 Account
Login
Register
View Document Filings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Fogleman Associates, Inc.
Business Corporation Information
Sosld:
0183026
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
2/18/1986
Fiscal Month:
September
State of Incorporation: NC
Registered Agent. Fogleman, F M
Corporate Addresses
Mailing:
109 Hinton Ave Ste 7
Wilmington, NC 28403
Principal Office:
109 Hinton Ave Ste 7
Wilmington, NC 28403
Reg Office:
109 Hinton Ave Ste 7
Wilmington, NC 28403
Reg Mailing:
109 Hinton Ave Ste 7
Wilmington, NC 28403
Officers
President: Floyd M Fogleman
109 Hinton Ave Ste 7
Wilmington NC 28403
Stock
Class: COMMON
Shares: 100000
Par Value: 1
littps://www,sosnc.gov/Searchlprofcorp/4645 917
9/13/2016

SOSID: 0183026
Date Filed: 4/19/2016 11:59:00 PM
Elaine F. ,Marshall
• CD-479 (5 Business Corporation Annual Repc North Carolina Secretary of Stale
10-2 a CA2016 019 01736
CA201601901736
Nam th<ElusinessCorpordGon: FOGLEMAN ASSOCIATES, INC.
Secretary of Slate 10: 0183026 State of Formation: NORTH CAR Fisca) Year Ending: 09/3D/2015
I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by
NCGS 55-16-22) has not changed and is therefore complete,
Section A: Registered Agent's Information
1 Name of Registered Agent'. F M FOGLEMAN
2 Signature of the New Registered Agent:
t5ignetute cvn6Giutes consent to the appointment)
3 Registered Office Street Address 8 County 4 Registered Office Mailing Address
109 HINTON AVENUE #7 109 HINTON AVENUE #7
WILMINGTON NC28403 NEW HANOVER WILMINGTON NC28403 NEW HANOVER
Section B: Principal Office Information
1 Description of Nature of Business: BUILDING CONTRACTOR
2 Principal Office Phone Number. [phone] 3 Principal Office Email:
4 Principal Office'Street Address E County 5 Principal Office Mailing Address
109 HINTON AVENUE #7 109 HINTON AVENUE #7
WILMINGTON NC28403 NEW HAN6VER WILMINGTON NC28403 NEW HANOVER
Section C: Officers (Enter additional Officers in Section E.)
Name: FLOYD M FOGLEMAN Name: Name:
Title: PRESIDENT Title: Title:
Address: 109 HINTON AVENUE #7Address: Address:
WILMINGTON NC28403
Section D: Certification of Annual Report Section D must be completed in its entirety and signed by a person
listed under Section C, or a person signing for an entity listed under Section C.
(Form must be 6igned by an officer or corporation)
- ISMAN
Print a Type Name or Ofil",
NCCZ0501 12117113
115b2 - -
Pate
P(e-s•
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BOOK PAGE
?574 07`17
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS
NEW HANOVER WARLICK ESTATES
THIS AMENDMENT, made this 14th day of MAY, 1999, by the DECLARANT of
WARLICK ESTATES, FOGLEMAN ASSOCIATES, INC., referred to as "DECLARANT"
0000.9.r
WHEREAS, the DECLARANT desires to Amend the PROTECTIVE COVENANTS OF
WARLICK ESTATES, which were recorded in Book 2391, at Page 0691 in the New Hanover
County Registry, as provided Section 2 in said Declarations.
NOW THEREFORE, the DECLARANT hereby declares that the PROTECTIVE
COVENANTS OF WARLICK ESTATES are amended to add the following:
1. The Lots as shown in the Plat for WARLICK ESTATES, SECTION TWO,
recorded in Map Book 39 , Page 3 , New Hanover County Registry
are hereby made subject to the PROTECTIVE COVENANTS FOR WARLICK
ESTATES.
DATED this 14th day of May, 1999.
PS S C/ �'.
�• ,,.......,,�4T
•';�N's FOGLEMAN ASSOCIATES, INC.
ctr • GpF►poRAiE '; Z
•s
I%),:
BY:
ATTEST:
STEVEN F. SIEGEL-SECRETARY
MAN -PRESIDENT
(CORPORATE SEAL)
F ]RETURN TO
STEVEN F. SIEGEL
L. [phone]

BOOK PAGE
STATE OF NORTH CAROLINA ? 5 7 4 7 8
COUNTY OF NEW HANOVER
I, � re�ie� L . -,)Iyj of ( a Notary Public for New Hanover County, North Carolina,
certify that STEVEN F. SIEGEL personally came before me this day and acknowledged that he
is Secretary of FOGLEMAN ASSOCIATES, INC., a North Carolina corporation, and that by
authority duly given and as the act of the corporation, the foregoing instrument was signed in
its name by its President, sealed with its corporate seal and attested by him as its Secretary.
Witness my hand and official stamp or seal, this i q'h day of MAY, 1999.
Notary Public
(NOTARIAL SEAL) TERESA L SHAVER
Notary public
My Commission Expires: State of North Carolina
Now Hanover County
Commission Expires October 13, 2002
�u--13-tea
'99 MRY 14 PSI 12 48
RECORDED & VERIFIED
MARY SUE OOTS
RECISTER OF DEEDS
IIE"'i !,'1"J OVER CO. NO
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Certificate(s) of
Notary (Notaries) Public is/ are certified
to be correct.
` QQ
'Phis the day of 19!
� Mary
`A Sue�Oats, Register of be s
bylhJ""iQ
Deputy/Assistxrrt-^

' 00 !UIN 20 10 11 49
BOOK PAGE
2391 0691
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANT'S
WARLICK ESTATES
,5-6v I q70 5 2 3
THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS, dated for purposes of reference only this the ZZ,�day of , 1999,
by FOGLEMAN ASSOCIATES, INC. (hereinafter "Declarant").
000078
RECITALS:
Declarant has, by recordation of a subdivision plat, subdivided certain property shown
on said plat into lots intended for utilization for construction of single family homes. The
subdivision plat is recorded in Map Book 38 , Pag90&11 New Hanover County Registry, and
all property shown thereon is hereinafter referred to as the "Subdivision". Each numbered lot
shown on the recorded plat is referred to herein as a "lot". The name of the subdivision is
WARLICK ESTATES.
Within the Subdivision and as shown on the recorded plat, there has been privately
dedicated one or more street rights of way, and there will be or has been constructed within each
such right of way, in accordance with applicable construction standards of the State of North
Carolina, a subdivision road. Access to each Lot within the Subdivision is over one or more
streets shown on the recorded plat of the Subdivision.
In order to own, manage and maintain common areas and utilities as more fully set out
hereinafter, and to enforce these Protective Covenants and to provide an organization for the
benefit of the owner of each Lot within the Subdivision, Declarant has chartered a North
Carolina nonprofit corporation named WARLICK ESTATES HOMEOWNERS ASSOCIATION
(the "Association"). The owner of each Lot is a member of the Association, and the owner of
each Lot is obligated to pay dues and assessments to the Association for the benefit of the
Association and the owner of each Lot within the Subdivision. The organization and operation
of the Association is described in these Protective Covenants and in the By -Laws of the
Association.
It is the desire and intention of the Declarant, for its benefit and with the intent of
preserving the value of each Lot, to restrict the utilization of and improvements on each Lot
within the Subdivision in accordance with guidelines established herein. Therefore, Declarant
hereby subject the property described hereinafter to the terms and provision os these Protective
PREPARED BY r RETURN TO
BTEVEN F. SIEGEL
$TEVEN F. SIEGEL
[phone] {910) 256-2292

r
2391 6692
Covenants for the use and benefit of all present and future Lot owners within the Subdivision.
1. DESCRIPTION. This Declaration shall run with the land and shall bind and inure
to the benefit of the owner of each Lot within the Subdivision, and the property made subject
to these Protective Covenants is all of the property shown on that plat of WARUCK ESTATES
recorded in Map Book , Page , New Hanover County Registry, as the same may be
amended from time to time.
2. ADDITIONAL PROPERTIES. Declarant reserves the right to subject additional
properties to the terms and provisions of these Protective Covenants. The property which may
be made subject to the terms and provisions of these Protective Covenants may include additional
adjacent properties thereto (adjacent being defined as inclusive of properties across a right of
way or water body). All or any part of such property may be subjected hereto; such property
may be subjected hereto in one or more phases. However, to the extent that any portion of such
property has not been subjected to the terms and provisions of these Protective Covenants by
recordation of an amendment to these Protective Covenants in the Office of the Register of
Deeds of New Hanover County Registries, which amendment specifically exercises such right,
on or before OCTOBER 1, 2006, this right shall terminate. Lots made subject to the terms and
provisions of these Protective Covenants by amendment shall be liable for payment of dues as
specified in such amendment;' but in no event shall dues by payable later than the conveyance
by Declarant of any lot within a given phase or section to a third party.
3. SINGLE FAMILY UTILIZATION. `Phis Protective Covenant restricts all numbered
Lots subjected to its terms to use only for single family residential purposes. No home or other
structure constructed within the Subdivision shall be utilized for commercial purposes, except
that Declarant or its assigns shall be entitled to use any structure located within the Subdivision
for purposes of assisting in the sale of Lots within the Subdivision. Nothing contained herein
shall limit to single family utilization property subjected to this Declaration by valid amendment
hereto, but all such properties shall be limited to residential utilization.
4. BUILDING AND SITE RESTRICTIONS. The Architectural Control Committee
must give prior approval of any removal of any tree of a size of twelve inches in diameter of
greater from any Lot or the construction of any improvement or structure on any lot in
accordance with the procedures described in Paragraph 5 of these Protective Covenants. In
addition, the following restrictions shall apply:
(a) No detached garage, storage shed, or carport shall be permitted unless
architecturally compatible with the primary dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed per Lot.
(c) All homes must be constructed substantially on site, and no modular home
shall be located within the Subdivision and no homes constructed elsewhere shall be allowed to
be conveyed into and located on a Lot within the Subdivision. No temporary structures shall
2

be allowed.
gOGK PAGE
(d) No sign shall be allowed on any Lot so as to be visib e r i any street right
of way or any adjoining Lot, except as to the following signs, which shall be allowed:
(1) a sign, no greater than four square feet in size, specifying the general
contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance
of a certificate of occupancy for the structure;
(2) a sign identifying the property upon which such sign is placed only
by the name of the owner and a street number. Such sign must be constructed at a size, and to
specifications and styles established by the Architectural Control Committee, and must be located
on the Lot in a place specified by the Architectural Control Committee;
(3) street or directional signs erected by the Association;
(4) any sign required to be constructed by any governmental agency; and
(5) identification and informational signs constructed by Declarant, or its
agent, installed in places, for the purpose of assisting the Declarant in identifying the project and
the location of sales offices, amenities, lots for sale, sales models or other nonresidential uses
within the Subdivision.
(6) all other signs must be approved by the Architectural Control
Committee.
All permitted signs, except those required to be constructed by a governmental
entity, shall be constructed of materials, in a style of colors and in a location established and
approved by the Architectural Control Committee.
(e) The minimum square footage of heated, enclosed living space for each
approved residential structure shall be 1,800 square feet.
(f) There are no absolute building setback requirements other than those that may
be imposed by a local government or those shown on the recorded plat of the Subdivision.
However, no structure will be allowed within 45 feet of any street right of way, 10 feet of any
side Lot line, 25 feet of any rear Lot line, unless alternatives are approved by the Architectural
Control Committee. NOTWITHSTANDING ANY SUGGESTED SETBACK, THE
ARCHITECTURAL CONTROL COMMITTEE SHALL HAVE COMPLETE AUTHORITY
TO DETERMINE THE APPROPRIATE BUILDING SITE ON EACH AND EVERY LOT.
THERE IS NO PRESUMPTION THAT SUCH APPROVED BUILDING LOCATION SHALL
BE WITHIN THE SUGGESTED SETBACKS SET OUT HEREINBEFORE.
3

BOOK PAGE
?39.1 0694
(g) The heights of structures shall be subject to approval of the Architectural
Control Committee in accordance with the standards set out in Paragraph 5 hereunder, but no
structure may exceed in height the height limitation imposed by New Hanover County.
(h) Fences are subject to the complete jurisdiction of the Architectural Control
Committee as to location, style, materials and height. As used herein, fences shall include
walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. The
Architectural Control Committee shall only approve the Construction of a fence upon a
determination that the fence is aesthetically pleasing; does not detract from the reasonable value
of any Lot and does not unreasonably impede the view of any water course or other attractive
feature from any other Lot. It is the responsibility of the lot owner to insure all structures or
fences are constructed within their lot.
(i) No satellite receiving dish, radio antennae or other similar device shall be
located on any Lot. The Architectural Control Committee shall approve the location of such
device only upon making an affirmative finding that the location of the device on the Lot is in
the area of minimum visibility from any surrounding Lot or from any street, and upon a further
finding that the proposed location will not significantly detract from the aesthetic values of the
Subdivision.
0) No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle
or truck (to the extent that a truck is rated as a two and one-half ton truck or larger) shall be
allowed to remain on any street right of way or on any Lot or on any common property
overnight unless it is enclosed within a garage, solid fenced area or planted screen that has been
constructed in accordance with the provisions of these Protective Covenants.
(k) The Association shall have authority to adopt rules and regulations prohibiting
or restricting the location of temporary or permanent clotheslines, the number of vehicles that
my be parked on any Lot and the number, type and location of trash receptacles and trash
receptacle enclosures.
(1) No activity, whether active or passive, that is reasonably considered a
nuisance by the Association shall be allowed on any Lot. This prohibition includes any activities
within any structure, on any Lot or on any street or common area. The Association is
specifically authorized by Paragraph 15 of these Protective Covenants to adopt rules regarding
conduct and use of any Lot, however, The Association may find any conduct or use of a Lot to
be a nuisance notwithstanding the fact that such conduct is not specifically prohibited by these
Protective Covenants or by an adopted rule. If any conduct is deemed by the Association to be
a nuisance, and to the extent that such conduct is not specifically prohibited by the provisions
of these Protective Covenants or by an adopted rule, the Association' shall give written notice
to the offending owner specifying the nature of the nuisance, and requesting that such nuisance
be terminated. If any nuisance is not terminated within a reasonable time thereafter, the
Association may, in addition to any other remedy, impose a fine in the amount of $100.00 per
violation. If the nuisance is of a continuing nature, a separate violation shall be considered made
4

EOOK PAGE
2391 (�
each day the nuisance continues. All such fines may be collected in tRe6 aU manner as an
assessment as more fully specified herein, and all attorney's fees incurred may be collected as
allowed by Paragraph 7 herein.
(m) Improved and unimproved lots must be maintained by the owner in a manner
consistent with the Subdivision as determined by the Architectural Control Committee.
5. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES. At least thirty (30)
days prior to the anticipated commencement of any landscaping or construction of any structure
or improvement on any Lot, the owner of such Lot (or his duly appointed agent) shall submit
to the Chairman of the Architectural Control Committee a survey of the Lot, which survey shall
show each Lot corner. There shall further be shown on said survey the proposed location of all
proposed and existing structures or improvements, including driveways, bulkheads, piers, patios,
decks and walkways, and further including a specific delineation of the proposed location of all
improvements that will result in the creation of impervious surfaces as defined by the
Department of Environmental Management of the State of North Carolina in accordance with
the North Carolina coastal storm water regulations. There shall further be provided to the
Architectural Control Committees sufficient building elevations and other site plans, including
a statement of exterior building materials and proposed exterior colors, to allow the Architectural
Control Committee to appropriately and accurately evaluate what is proposed for construction
on the Lot. The survey shall be prepared by a registered or licensed land surveyor, and the
building- elevations and other site plans shall be prepared professionally. There shall be
submitted two copies of all information required to be submitted.
The owner of each Lot shall notify the Architecturai Control Committee of the identity
of the contractor proposed for construction of any major improvements on any Lot. Major
improvements shall be all improvements of a reasonable construction cost of $10,000.00 or
more. The owner of each Lot shall include with the name of the contractor a statement as to
the classification of contractor's license held by such contractor, the address and telephone
number of the contractor. This information shall be submitted to the Architectural Control
Committee at time of submission of plans, if such information is available at that time; if the
information is not available at that time, the information shall be submitted to the Architectural
Control Committee at least thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control
Committee shall submit in writing to the owner of the Lot whether or not the requested
improvements are approved. Unless a response is given by the Architectural Control
Committee within thirty (30) days, the plan shall be deemed approved. The response of the
Association may be an approval, a denial, an approval with conditions or a request for additional
information. A request for additional information shall be deemed'a determination that the
information submitted was inadequate, and the thirty (30) day time for response shall only
commence upon receipt of the requested additional information. If approval with conditions is
granted, and construction then begins, the construction shall be deemed approval by the owner
of the Lot of the conditions imposed.
5

BOOK PACE
The Architectural Control Committee shall approve the pans as sg►i JU, if all required
information is submitted, and the following affirmative findings are made by the Architectural
Control Committee:
(a) that the improvement sought to be constructed will not have negative
economic impact on any other Lot within the subdivision;
(b) that all required specific building standards and other conditions contained
within the Protective Covenants and other applicable legal documents have been complied with;
(c) that the improvements are architecturally compatible with proposed or
constructed improvements on other Lots within the Subdivision; and
(d) that the natural features of the Lot have been retained to the maximum extent
feasible.
(e) that the impervious surface limitation coverage proposed on each Lot is
consistent with the requirements of the Department of Environmental Management coastal storm
water regulations. An average Lot shall contain impervious surfaces as defined by said
regulations not in excess of 3-50D square feet. At no time shall the total impervious surface
coverage on all Lots which have construction existing or approved thereon exceed the amount
of impervious surfaces determined by multiplying the number of such improved lots by q500
square feet.
In addition to plan approval, the Architectural Control Committee must approve the
contractor selected by the owner of each Lot. A contractor shall be approved if the contractor
has an appropriate North Carolina general contractor's license in good standing, is of good
financial standing, has a good reputation in the community and has constructed to the satisfaction
of the owner of property comparable structures on a regular and routine basis.
Any owner of any Lot disagreeing with the finding of the Architectural Control
Committee may appeal the decision to the Board of Directors of the Association by giving
written notice of appeal to the President of the Association within fifteen (15) days following
receipt of notice of denial. The Board of Directors of the Association shall then review the
plans, giving the Chairman of the Architectural Control Committee the opportunity to present
to the Board of Directors of the Association specific reasons why the plans were denied, in the
presence of the owner of the lot or his agent, and the owner of the Lot or his agent may present
information challenging the findings of the Architectural Control Committee. The decision of
the architectural Control Committee shall only be overridden by unanimous vote of the Board
of Directors of the Association.
All notices required to be given herein shall be given in writing, hand -delivered or mailed
postage prepaid, return receipt requested, and the Architectural Control Committee shall be
obligated to specify the particular grounds upon which denial of any application is founded. One
R

BOOK PAGE
?391 0697
set of plans, denoted as approved (or approved with specified conditions)shall be retained by the
Architectural Control Committee and the other shall be returned to the applicant.
The Architectural Control Committee shall have the right to issue rules and regulations
governing the maintenance of construction sites and the procedures to be followed by contractors
and owners of lots during construction periods.
6. ASSOCIATION. The owner or owners of every Lot shall be a voting member of the
Association. However, only one vote shall be allowed per Lot, to the extent that there is more
than one owner of any one Lot, said owners shall determine among themselves, and designate,
one voting member, which voting member shall cast the vote allocated to said Lot. If the
owners cannot agree among themselves, the board of Directors of the Association shall
determine and designate a voting member from among the owners of the Lot. The Association
shall be governed by a Board of Directors, selected in accordance with the By -Laws of the
Association, and the Association shall operate and do business
in accordance with the terms of its By -Laws, see attached Exhibit "A".
The Association shall have the responsibility of maintaining a sightly appearance along
all street rights of way and utility easements, to the extent that the same are utilized for common
ingress and egress or benefit.
The Association shall have the responsibility of maintaining in good condition all
common areas, and shall be responsible for adopting rules and regulations governing utilization
of such common areas. The Association shall be obligated to accept ownership of all common
area designated on any recorded subdivision plat the properties of which are made subject to the
provisions of this Declaration. To the extent necessary, the Associating may employ personnel
necessary to perform its obligations, or needed to benefit the owners of Lots within the
Subdivision.
The Association shall have the obligation to provide for itself and for the benefit of the
owner of each Lot all necessary professional services to promote the proper maintenance of all
streets and other common areas and to provide the smooth, proper and legal administration of
the Association. These services may include services of an engineer, lawyer, accountant or
other professional. The Association is specifically authorized to provide such other incidental
services for the benefit of the Subdivision and in the management of the Association as deemed
reasonably necessary by the Board of Directors of the Association. The Association shall also
have an affirmative obligation to maintain common elements in good condition, utilizing its
funds so to do, notwithstanding the utilization of such facilities by any or all Lot owners.
The Association shall have the optional authority to provide any service to the Lots it
believes desirable, including, but not limited to cable television, waste collection or utility
service. such services may be provided by the Association directly, by a subsidiary owned by
the Association or by contract with a third party. Assessments may be collected to pay for the
provision of such services.
7

g4GK PAGE
? 3 9 1 0698
In order to fund its obligations, the owner of every Lot, is obligated and bound, whether
or not expressly stated in any instrument of conveyance, to pay to the Association the following.
(a) annual charges or dues-, and
(b) special assessments.
All such assessments, charges, and dues, together with any interest thereon, shall be a
charge on the land and shall be a continuing lien upon the Lot against which such assessments
are made. Liens shall be perfected in the manner of mechanics or materialmen's lien under
North Carolina General Statutes, and any lien for dues unpaid shall be filed within nine (9)
months after the due date of the payment of such assessment. The due date shall be the first day
of the fiscal year of the association, as to annual dues-, and the date established for payment of
a special assessment, as more fully set out hereinafter. Any such lien may be enforced in the
manner of a deed of trust with power of sale, as allowed by North Carolina General Statutes,
through a foreclosure proceeding. This instrument shall be deemed to give to the President of
the Association said power of sale.
Annual assessments shall be in an amount determined by a majority vote of the Directors
of the Association. The fiscal year of the Association shall be the calendar year; dues for the
first year of the Association, prorated by date of closing, shall be payable to the Association at
closing.- Declarant shall pay dues for all unsold Lots beginning on the first day of the month
following the first conveyance of a Lot to a third party by Declarant. Beginning with January
of the year following issuance of a building permit for construction of a home on a Lot, the
dues for each such Lot for which a building permit for construction of a home has been issued
shall be twice the then determined assessment for each unimproved Lot. No amendment to these
protective Covenants, unless approved by Declarant and all owners of Lots within the
Subdivision, shall alter the ratio of dues paid by the owner of an unimproved Lot compared to
the dues paid by an owner of an improved Lot.
A special assessment may be levied from time to time by vote of a minimum of 70% of
the total votes cast in any regular or special meeting, called in accordance with the By -Laws.
A special assessment may be made for any purpose for which expenditures are allowed in
accordance with this Declaration. The resolution approving a special assessment shall specify
the date payable.
Notwithstanding any provisions of these Protective Covenants, including this Paragraph
6, the Board of Directors shall have authority to levy any special assessment if, in the sole
discretion of said Directors, the assessment is reasonably required to protect properties impacted
in case of an emergency, such as a storm causing sever erosion. In such event, the Directors
shall give written notice to the members so affected, as promptly as possible after the
determination of said assessment and the action shall be binding as though ratified by the
requisite vote of the owners of Lots.

S-001K PACE
10391 0699
The Declarant shall retain control of the Association until Seventy -Five percent (75 %)
of the lots have been sold and closed, or until Declarant give control to the owners, whichever
comes first.
7. ENFORCEMENT. These Protective Covenants, including any amendment hereto,
may be enforced by any individual Lot owner; by the Association, upon action by its Board of
Directors; or by Declarant, as long as Declarant owns any Lot within the Subdivision.
Appropriate remedies shall include, but are not limited to, specific performance. In any action
to enforce these Protective Covenants, including any action to collect assessments, either regular
or special, or to foreclose upon any real property for payment of such assessment, all costs
associated with said collection, including court costs and reasonable attorney's fees, shall be
collected as an additional assessment. In addition, interest at the rate of twelve percent (12%)
per annum shall be collected from the due date of any assessment, until the assessment is paid
in full.
The State of North Carolina is given specific authority to enforce these covenants to the
extent necessary to cause compliance with the impervious surface limitation of the North
Carolina coastal storm water regulations, and the State of North Carolina is specifically granted
authority to enforce these Protective Covenants for such purpose, with remedies available to the
Sate of North Carolina including, but not limited to, the remedy of specific performance.
S. SETBACKS. All setback and building restriction areas, and allowable building area,
as shown on the recorded subdivision plat of the Subdivision, shall be incorporated herein by
reference.
9. AMENDMENTS. these Protective Covenants shall continue in full force and effect
until 12:00 noon on OCTOBER 1, 2007, at which time is shall automatically extend for
additional successive periods of ten (10) years, unless a document terminating or modifying these
Protective Covenants, is recorded prior to any renewal date in the office of the Register of
Deeds of New Hanover County, which amendment shall require approval of sixty-seven percent
(67%) of the Lots subjected to these Protective Covenants (including any amendments hereto).
10. BINDING EFFECT. All covenants, restrictions, reservations, easements and
privileges contained herein shall run with the land and the grantee, by accepting any deed to any
portion of such land described herein, accepts the same subject to these Protective Covenants
and its terms and conditions and agrees for himself, his heirs, successors and assigns, to be fully
bound by each and all of the terms and conditions of these Protective Covenants, jointly,
separately, and severally.
IL RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all
streets and roads within the Subdivision for purposes of ingress and egress to Lots within such
Subdivision owned by it, or for purposes of providing access to other contiguous properties
owned by it. This right shall be assignable by Declarant to successors in interest to it of other
0

EO0K PAGE
2391
contiguous properties. Any utility easements reserved as shown on any 0 codQ
red" plat (and all
roadways shall be deemed for this purpose a utility easement) shall be available for utilization
by Declarant, authorized utility companies, or by the owner of any Lot within
WARLICK ESTATES, for purposes of providing utility services or necessary drainage, but only
upon approval of the Association given by its Board of Directors.
12. RESUBDIVISION. No resubdivision of any single Lot shall be allowed, if any
resulting Lot will be smaller in size than any of the Lots resubdivided, prior to resubdivision.
Nothing contained herein shall prohibit conveyance of more than one Lot, or portions of'
contiguous Lots, as long as the resulting Lot or Lots are greater in size than those originally
subdivided. The deed o f conveyance of any such resubdivided or recombined Lots shall restrict
the construction thereon to one single family residential home per redivided Lot, so that the
maximum number of homes which can be constructed within the Subdivision shall not increase.
Upon the recombination of any Lots to reduce the total number of allowable building Lots within
the Subdivision, for purposes of member ship in the Association and for purposes of the payment
of dues and assessments, any recombined Lots shall be considered a single Lot. Furthermore,
should any Lot be determined by Declarant to be unbuildable, and should such Lot then be
deeded to the Association as common area, or dedicated by Declarant as a recreation or open
space area for the benefit of the Association, all by document duly recorded in the office of the
Register of Deeds of New Hanover County, there shall ge no further dues owed form the date
of such recordation; however, any dues prepaid shall not be reimbursed.
13. UTILITY EASEMENTS. There is hereby reserved for the benefit of the
Association and the owner of each Lot within the Subdivision a utility, drainage and maintenance
easement running parallel to each street a width of 10 feet, and parallel to each side and rear Lot
line a width of five feet and adjacent to any body of water (whether natural or manmade) a width
of ten feet. Utilization of such easement by anyone other than the Lot owner across which such
easement runs shall be made only upon approval of the Board of' Directors of the Association.
In addition to the above named easements, all lots will be subject to the easement granted City
of Wilmington, the provider of water to the development.
14. MINOR AMENDMENT. Declarant, or its successor or assign, shall be allowed
to amend these Protective Covenants, notwithstanding any other provision contained herein, and
without joinder of any other party, for the purpose of correcting any discovered error contained
herein, clarifying any ambiguity contained herein, or adding or deleting any incidental provisions
deemed in the sole discretion of Declarant to be in the best interest of the Subdivision, and the
owner therein. This right may be exercised, and shall be effective, only upon the recordation
of a "Corrected Declaration" in the office of the Register of Deeds of New Hanover County,
which Corrected Declaration shall specifically reference this document, and the provision
impacted.
H

BOOK PACE
15. RULES. The Board of Directors may from time I itk estabill7&slfor use of
any property within the Subdivision in order to protect the value of Lots, the aesthetic qualities
of the Subdivision and the tranquility of the owners of Lots. Said rules may include, but are not
limited to, reasonable restrictions on pets, rental use of homes, and parking of cars, trailer,
boats, campers and other vehicles on Lots and streets. All such rules shall be effective after
written notice of adoption is mailed to the record owners of all Lots. All such rules shall be
enforceable as though set out within these Protective Covenants.
lb. FEES AND BQN,DS. The Board of Directors is specifically authorized, but is not
required, to charge application or processing fees for approval of plans, and to require the
posting of reasonable bonds or deposits prior to commencement of construction to protect the
Association against damage 'to streets or other common area or costs incurred in causing
correction of any construction or site work performed otherwise and in accordance with
approved plans.
THE REST OF THE PAGE IS INTENTIONALLY LEFT BLANK.

BOOK PAGE
2391 0702
IN TESTIMONY WHEREOF, said parties have caused this instrument to be executed
in their corporate name by their corporate officers, and their corporate seals to be hereto affixed,
all by order of their Board of Directors first duly given, this the day and year first above
written.
� ICII rt \
cc)Yawcr
ATTEST:
FOGLEM
BY:
STEVEN F. SIEGEL -,SECRETARY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Ili■&M-M :
TES, INC.
AN - PRESIDENT
I, I Ye h a ve � , a Notary Public of the County of New
Hanover, State of North Carolina, do hereby certify that STEVEN F. SIEGEL personally came
before me this day and acknowledged that he is Secretary of FOGLEMAN ASSOCIATES,
INC., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its
corporate seal and attested by STEVEN F. SIEGEL as its Secretary.
Witness my hand and official seat this ZZ-� day of Z4-114 , 1998.
J, MDC22:= J-
Notary Public
(Notary Seal)
My Commission Expires- STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Certificate(s) of TERESA L. SHAVER
Notary Public
State of North Carolina
—�-� New Hanover County
Notary (Notaries) Public is/ are certified Commission Expires October 13, 2002
to be correct
day o _ 19J
ary Sue oot istcr of Decds
D puty/Assistant

BOOK PAGE
EXHIBIT"A" 2391 0703
BYLAWS OF
WARLICK ESTATES HOMEOWNERS' ASSOCIATION, INC.
ARTICLE I
ASSOCIATION MEMBERS
Section 1. ANNUAL MEETING OF MEMBERS. The annual meeting of the Members of the
Association shall be held at the principal office of the Association, at an hour to be fixed by the
President, on the second Tuesday in January of each year for the purpose of electing directors
and for the transaction of such other business as may be brought before the meeting. If the day
fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next
succeeding business day.
Section 2. SUBSTITUTE ANNUAL MEETING. If the annual meeting shall not be held on
the day designated in these Bylaws, a substitute annual meeting at the principal office of the
Association may be called in accordance with the provisions of Section 3 of this Article 1. A
meeting so called shall be designated and treated for all purposes as the annual meeting.
Section 3. SPECIAL MEETINGS OF MEMBERS. Special meetings of the members may be
held in the principal office of the corporation, or elsewhere by consent of the members,
whenever called in writing by the President or any member of the Board of Directors of the
corporation or by members representing twenty percent (20%) of the membership entitled to
vote.
Section 4. NOTICE OF MEETING. Written or printed notices stating the time and place of
meeting shall be mailed or delivered by the Secretary to each member of record at the member's
last known address.
The notice of each meeting shall be mailed or delivered by the Secretary not less than
ten days nor more than fifty days prior to the date set for such meeting and as to special
meetings, the Notice shall indicate the purpose or purposes thereof.
Section 5. QUORUM. At any meeting of the members, ten percent (10%) of the
members entitled to vote, present in person or represented by proxy, shall constitute a quorum
of the membership for all purposes.
If a quorum is not present, the meeting may be recessed from time to time by
announcement from the chair at the time such meeting was sit and such shall be sufficient notice
of the time and place of the recessed meeting. The members present at a duly organized
meeting may continue to transact business until adjournment, notwithstanding the withdrawal of
enough members to leave less than a quorum.

eUoh PACE
2391 07011
Section 6. ORGANIZATION. The President, or, in his absence, the Vice President,
shall preside over all meetings of members and the Secretary of the Association shall act as
Secretary at all meetings of the members; provided, however, in the Secretary's absence the
President may appoint a Secretary for the meeting of the members.
Section 7. VOTING. Each member of the Association, as defined in the Articles of
Incorporation of said Association, shall be entitled to one vote for each unit owned on each
matter submitted to a vote at a meeting of members.
The vote of a majority of the members at a meeting of members at which a quorum is
present shall be the act of the members on that matter, unless the vote of a greater number is
required by law or by the charter or other Bylaws of this Association. Cumulative voting shall
not be allowed.
Section S. VOTING BY PROXY. The vote allocated to a member may be cast pursuant
to a dated written proxy signed by the member. A member may not revoke a proxy except by
written notice delivered to the person presiding over a meeting of the Association. A proxy
terminates one year after its date, unless it specifies a shorter term.
ARTICLE II
BOARD OF DIRECTORS
Section 1. NUMBER AND TERM OF OFFICE. The affairs of the Association shall
be managed by a Board of Directors of three (3) members, which shall be entitled to act on
behalf of the Association, in all routine, day to day operations of the Association. Said Board
shall consist of the President, Vice President and Secretary of the Association.
The term of office for each Board member shall be until the successors to such offices
shall have been duly elected and qualified as hereinafter stated. Corporate members, including
the Declarant and Developer, may elect individual candidates to said offices as hereinafter
provided.
Section 2. COMPENSATION. No Board member shall receive compensation for any
service he may render to the Association. However, with the prior approval of the Board, any
Board member may be reimbursed for actual expenses incurred in the performance of his duties.
Section 3. ACTION WITHOUT MEETING. The Board shall have the right to take any
action in the absence of a meeting which they could take at a duly held meeting by obtaining the
written consent of all of the Board members to the action. Any action so approved shall be filed
in the corporate books and records and shall have the same effect as though taken at a meeting
of the Board.
Section 4. MEETINGS. Meetings of the Board slfall be held quarterly without notice,
at such place and hour, as may be fixed from time to time by resolution of the Board. Special
meetings of the Board may be called by any member of the Board after not less than five (5)
days notice to each Board member.
2

? 3 9 1 0705
0) To exercise all other powers that may be exercised in this state by legal
entities of the same type as the Association.
Section 7. DUTIES OF THE BOARD OF DIRECTORS. It shall be the duty of the
Board to do the following:
(a) To cause the common elements to be maintained, repaired, and replaced as
necessary, and to assess the members to recover the cost of the upkeep of the common elements;
(b) To serve as the architectural committee or to appoint an architectural
committee as provided in the Bylaws;
(c) To keep a complete record of all its acts and corporate affairs and present a
statement thereof to the members at the annual meeting, or at any special meeting when such
statement is requested in writing by 20% of the members;
(d) To supervise all officers, agents and employees of the Association, and see
that their duties are properly performed;
(e) To fix the amount of the annual assessment at least three (3) months in
advance of each annual assessment period based on the projected budget for the annual
assessment period and pursuant to the provisions set forth in the Declaration of Covenants,
Conditions and Restrictions;
(f) To send written notice of each assessment to every member at least thirty (30)
days in advance of the due date for each annual assessment;
(g) To foreclose any unpaid assessments and liens resulting therefrom against any
property for which assessments are not paid within thirty (30) days after due date or to bring an
action at law against the member personally obligated to pay the same;
(h) To issue, or have issued, for a reasonable charge, a certificate setting forth
whether or not any assessment has been paid; provided, however, that if a certificate states that
an assessment has been paid, such certificate shall be conclusive evidence of such payment as
to all parties except the member and lot owner as of the date of the assessment;
(i) To procure and maintain, at all times, adequate hazard insurance on the
property owned by the Association and all property for which the Association has the duty to
maintain, and sufficient liability insurance to adequately protect the Association as provided in
the Declaration of Covenants, Conditions and Restrictions; and
0) To cause all officers or employees, including officers and employees of
professional management, having fiscal responsibilities, to be bonded, as it may deem
appropriate.
4

?391. 0706
Section 8. LIABILITY OF THE BOARD OF DIRECTORS:
The members of the Board of Directors shall not be liable to the Association or any of its
members for any mistake of judgement, negligence, or otherwise except for their own individual
willful misconduct or bad faith. The members of the Association shall indemnify and hold
harmless each member of the Board of Directors against all contractual liability to others arising
out of contracts made by the Board of Directors on behalf of the Association unless any such
contract shall have been made in bad faith or contrary to the provisions of the Articles of
Incorporation or these Bylaws. It is intended that the members of the Board of Directors shall
have no personal liability with respect to any contract made by them on behalf of the
Association. It is also intended that the liability of any member of the Association arising out
of any contract made by the Board of Directors or out of the indemnity in favor of the members
of the Board of Directors shall be limited to the such proportions of the total liability thereunder
as his interest in the Association bears to the interest of all members of the Association in the
Association. Every agreement made on behalf of the Association shall provide that the members
of the Board of Directors are acting only as agents for the Association and shall have no
personal liability thereunder (except as members of the Association), and that each member of
the Association's liability thereunder shall be limited to such proportion of the total liability
thereunder as his interest in the Association bears to the interest of all members of the
Association.
ARTICLE III
OFFICERS
Section 1. OFFICERS. The Executive officers of this Association shall be a President,
Vice President, and Secretary/Treasurer.
Section 2. ELECTION OF OFFICERS. Each office shall be elected from
member -candidates nominated from the floor at the annual meeting of the Association. Election
shall be by secret written ballot and by a majority of the members present at such meeting
provided that a quorum is present. Corporate members, including the Declarant and Developer,
may elect individual candidates to said offices. Cumulative voting shall not be allowed. Each
officer elected shall serve until the next annual election or until his successor shall have been
elected and qualified.
Section 3. POWERS AND DUTIES OF THE EXECUTIVE OFFICERS.
(a) The President shall preside at all meetings of the Board; he shall see that
orders and resolutions of the Board are carried out; he shall sign all leases, mortgages, deeds
and other written instruments; and he shall co-sign all checks and promissory notes. The
President shall have all the general powers and duties incident to the office of the President of
a corporation organized under the Business Corporation laws of the State of North Carolina.
5

? 3 9 1 0707
(b) The Vice President shall act in the place of the President in the event of his
absence, or his inability or refusal to act, and shall exercise and discharge such other duties as
may be required of him by the Board.
(c) The Secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the members; he shall keep the associate seal and affix it on all
papers requiring said seal; he shall serve notice of meetings of the Board and of the members;
he shall keep appropriate current records showing the members of the Association together with
their addresses; he shall prepare, execute, certify, and record amendments to the Declaration of
Covenants, Conditions and Restrictions on behalf of the Association; and he shall perform such
other duties as required by the Board.
(d) The Treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and disburse such funds as directed by the Board; he shall sign all
checks and promissory notes (such checks and promissory notes to be co -signed by the president)
of the Association; he shall keep proper books of account; he shall cause an annual audit of the
Association books to be made by a public accountant at the completion of each fiscal year; and
he shall prepare an annual budget and a statement of income and expenditures to be presented
to the membership at its annual meeting, and deliver a copy to each member.
Section 4. ACTION WITHOUT MEETING. The Officers shall have the right to take
any action in the absence of a meeting which they could take at a duly held meeting by obtaining
the written consent of all of the Officer members to the action. Any action so approved shall
be filed in the corporate books and records and shall have the same effect as though taken at a
meeting of the Officers.
Section 5. REMOVAL. Any Executive Officer, may be removed with or without cause,
by a vote of at least sixty-seven percent (67 %) of all members present and entitled to vote at any
meeting of the members at which a quorum is present. In the event of death, resignation or
removal of an executive officer, his successor shall be selected by the Board to serve until the
next annual meeting of the members at which election of officers shall be had when his
successor shall be elected.
ARTICLE IV
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member or a mortgagee of any member. The
Articles of Incorporation and the Declaration of Covenants, Conditions and Restrictions and
Bylaws of the Association shall be available for inspection by any member at the principal office
of the Association, where copies may be purchased at reasonable cost.
11

BOOK PAGE
? 3 9 1 0708
ARTICLE V
FORMS OF PROXY AND WAIVER
Section 1. FORMS OF PROXY. The following form of proxy shall be deemed
sufficient, but any other form may be used which is sufficient in law:
WARLICK ESTATES HOMEOWNERS' ASSOCIATION
Know all men by these presents that the undersigned member of Warlick Estates
Homeowners' Association constitutes and appoints the attorney and proxy
of the undersigned to annual and special meeting of the members of Warlick Estates
Homeowners Association, at which I am not present, .until the secretary of the Association
receives from me a letter revoking this proxy and for and on behalf of the undersigned to vote
as the undersigned would be entitled to vote if personally present, hereby ratifying and
confirming all that said attorney and proxy shall do in the premises, and giving and granting
unto said attorney and proxy full power of substitution and revocation.
Dated:
Member
Witness:
19
Section 2. FORM OF WAIVER OF NOTICE. The following form of waiver of notice
shall be deemed sufficient, but any other form may be used which is sufficient in law:
WARLICK ESTATES HOMEOWNERS' ASSOCIATION
We the undersigned (Board or Association Members) of Warlick Estates Homeowners'
Association do hereby severally waive notice of the time, place, and purpose of the (annual or
a special) meeting of the Board or Association members) of the said association, and consent that
same be held at on the day of , 19—at
o'clock _. M., and we do further consent to the transaction of any and all business
of any nature that may come before the meeting.
Dated this day of , 19
7

200r� PAGE
2391 0?09
ARTICLE VI
GENERAL PROVISIONS
Section 1. AMENDMENTS. Except as otherwise provided herein or in the Declaration
.of Covenants, Conditions and Restrictions, these Bylaws may be amended or repealed and new
bylaws may be adopted by the affirmative vote of a majority of the Board then holding office
at any regular or special meeting of the Board; at a regular or special meeting of the members
at which a quorum is present, by a vote of the majority of the members.
Section 2. ASSOCIATION SEAL. A seal with the words "WARLICK ESTATES
HOMEOWNERS' ASSOCIATION, INC." on the outer circle and the date "1997" within the
circle, shall be the common corporate seal of the Association and shall be in the custody of the
secretary.
CERTIFICATION
1, the undersigned, do hereby certify: That I am the duly elected and acting Secretary
of WARLICK ESTATES HOMEOWNERS' ASSOCIATION, a North Carolina corporation; and
that the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted by
the Board of Directors thereof, held on the 72id— day of 1993.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
said Association this 'Zn � day of 1993'.
Secretary

RECEIVED
FOGLEMAN ASSOCIATES, INC. OCT 16 Z002
109 Hinton Avenue, #7
Wilmington, NC 28403 el
BY:-�}
Telephone [phone]�� q{ 53Lr
Telefax 910-452-9463
�� 5 �� ,{�S ► � N t - S I �� G, "' I Q v),, So c
) ss u e 5 Ar� iA r-1-� c.�L l� 4 �' {N i rn �+ Ai
a

State Stormwater Management Systems
Permit No. SW8 970532 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Fogleman Associates, Inc.
Warlick Estates
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H A 000 (hereafter referred to as the "stormwater rules") and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until January 7, 2013 and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted
for 26 lots, each allowed a maximum of 3 500 z square feet ofbuilt-upon area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
2

State Stormwater Management Systems
Permit No. SW8 970532 Modification
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name: Warlick Estates
Permit Number: SW8 970532 Modification
Location: New Hanover County
Applicant: Mr. F.M. Fogleman, President
Mailing Address: Fogleman Associates, Inc.
109 Hinton Avenue, #7
Wilmington, NC 28403
Application Date:
October 16, 2002
Name of Receiving Stream / Index #:
Cape Fear / Hewletts Creek / 18-87-26
Classification of Water Body.
"SA" N/2 mile from)
Design Storm:
1.0"
Drainage Area, acres:
14.7
Onsite:
14.7
Offsite:
0
Total Impervious Surfaces, ft2:
157,157
26 Lots at 3,500 ft2 ft2:
91,000
Roads/Parking, ft2
55,565
Other, ft2
10,592
Offsite, ft2:
0
Pond Depth, feet:
6' below permanent pool
Permanent Pool Elevation, FMSL:
9.5
Permitted Surface Area, ft2:
8,963 @9.5 FMSL
Permitted Storage Volume, ft':
26,465
Temporary Storage Elevation FMSL:
12.1
Controlling Orifice: 2"y pipe (drawdown in 2-5 days)
3

State Stormwater Management Systems
Permit No. SW8 970532 Modification
11. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such
as swales) shown on the approved plans as part of the stormwater management system
without submitting a revision to the pen -nit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire
lot, including driveways and sidewalks, does not exceed the allowable built -upon area.
Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area. Any
approvals given by the ARC do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is
defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval was sought.
f Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
b. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the pen -nit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
7. The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
4

State Stormwater Management Systems
Permit No. SW8 970532 Modification
11. Decorative spray fountains will not be allowed in the stonmwater treatment system
12. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
13. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum efficiency.
The approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every G months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person perfonning the work and what actions were taken.
15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the farm:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Pennit Number SW8 970532 Modification, as issued by
the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 3,500 ft2 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must bear the
signature of the Permittee, the deed book number and page, and stamp/signature of the
Register of Deeds.
17. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.

State Stormwater Management Systems
Permit No. SW8 970532 Modification
18. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ
personnel, and detennined to be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event there is a desire for the facilities to change ownership, or there is a name change of
the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of
Water Quality accompanied by appropriate documentation from the parties involved,
including as may be required, but not limited to, a deed of trust, recorded deed
restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
The pennittee is responsible for compliance with the terms and conditions of this permit
until such time as the State approves the transfer request.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
7. Per nittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
Permit issued this the 7th day of January, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek; Director
✓�Z Division of Water Quality
By Authority of the Environmental Management Commission
O

CAR4
STATE OF NORTH CAROLINA
ANNUAL REPORT
INCLUDE $10.00 FILING FEE
PAYABLE TO N.C. SECRETARY
OF STATE.
97 125 0783
CORP ID- 0 1 8 3 0 2 6
FILING NO- A 0 0 7
STATE FF INC- NC
1. NAME OF CORPORATION, PRINCIPAL OFFICE ADDRESS
FOGLEMAN ASSOCIATES, INC.
2600 C CARVER ST
DURHAM NC 27705
2. REGISTERED AGENT AND MAILING ADDRESS
F M FOGLEMAN
2600-C CARVER ST
DURHA:S NC 2?7s5
r`f STA7t,.� .
ry OFFICE USE O LY
AMOUNT,.9/0 .
13I�/� PROCESSED BY
91 ��;lY _5 AN ' U U REPORT DUE DATE- D4-29-199'
FiLEO EL.AINE F. MARSHALL-
SGCRF!i;?Y OF STATE
14A NOTICE DATE- 02-ZB-1997
DATE OF INC- 02-18-1986
ENTER PRINCIPAL OFFICE ADDRESS CHANGE HERE -
ENTER AGENT NAME AND MAILING ADDRESS CHANGE HERE -
-3. STREET ADDRESS OF REGISTERED OFFICE ENTER STREET ADDRESS CHANGE HERE -
26D0-C CARVER ST
DURHAM NC 27705
COUNTY - DURHAM
4. IF REGISTERED AGENT CHANGED, SIGNATURE OF NEW AGENT
L,:tN.TCRE CC•N;TITUTE. CCNCENT To APPCdNTMENT'
5. FEDERAL EMPLOYER ID NUMBER ENTER FEDERAL ID NUMBER CHANGE HERE -
561504595
6. ENTER NAME, TITLE AND BUSINESS ADDRESS OF PRINCIPAL OFFICERS HERE -
NAME F6.1 CQ M . �9 !. � ,.+,J ADOR- 2660-C Cam, �.f st Qvrl, 1^ ~ /,/e
TITLE- Tr�5• CITY- ST- ZIP-
NAME-
TITLE- S4C
ADDR- tit( 4wt$rews "• Sv.ie. J70
CITY 0%jr-kvyv ST-AIC ZIP- 277-5
NAME- ADDR-
TITLE•- CITY-
ST-
ZIP-
NAME- ADDR-
TITLE- CITY-
ST-
ZIP-
7. ENTER NAME AND BUSINESS ADDRESS OF DIRECTORS MERE -
ATTACH 2ND PAGE IF NECESSARY
fdAME- ADDR-
CITY-
ST-
ZIP-
NAME- ADDR-
!
l 1 ` CITY-
ST-
ZIp-
NAME- 1 ADDR-
CITY-
ST-
ZIP-
8. BRIEFLY DESCRIBE THE NATURE OF ITS BUSINESS OR ACTIVITIES - 0 a S ( t{-
FOGL AN SOCIATES, �7A
9 ii:Nc6- cA,TE-
[ CRM Y.SL' 2E S1'uNED E 1FF EP CF CGFPCgAT,ON
NO D Y /ii TITLE- !'CJ
YPE CR 'v gINT KAME AND TITLE
This form should be returned by the DUE DATE shown -above with a chock for $10.00 to:
SECRETARY OF STATE, A�NUAL REPORT SECTION; POST. OFFICE 295 RALEIGM-NC 27626-0525.
CAR4
�$ pr� i7eCG411�

Entity Names
httpa/www. seerelary.state.ne. us/Corporations/soskb/Corp.asp?46459
N
North Carolina
Elaine F. Marshall DEPART"1 EIN'T OF THE
Secretary SECRETARY aF S-CATE
PO Box 29622 Raleigh, NC 2762"622 (919)$07-2000
t� rporpulons home
„,Important.
Notice, ,
,!Corporate Forms ,, . :-
Corporations FAQ' `
*NewForm Notice
pVerifv Certification'
ecretary';Of State Home
usiness License..
egister for E-Procuremen
ept:;of,Revenue v ,.
999,Senate Bills'
00VBill Summaries_"
;rinual Reports 1991 ,
'orpofations 19971
lttier�L`egislatioii.
!By. Corporate Name
*For. New Corporation"
_!By_.Registered`Agent': '
Date: 10/22/2002
Document Filings
Corporation Names
Name Name Type
Fogleman Associates, Inc. Legal
Business Corporation Information
SOSID: 0183026
Status:
Current -Active
Date Formed:
2/18/1986
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Fogleman, F M
Registered Office Address:
2600-c Carver St
Durham NC 27705
Registered Mailing Address:
2600-c Carver St
Durham NC 27705
Principal Office Address:
No Address
Principal Mailing Address:
3400 Croasdaile Dr
Durham NC 27705-6815
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail
For questions or comments concerning the Corporations Division, please send e-mail to Corporations
Click here for help downloading forms.
l of 1 10/22/2002 3:57 PM

Michael F. Easley, Governor
F WA7-6,
�C
D
William G. Ross, Jr„ Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
October 22, 2002
Mr. Garland Palmer, Jr., Authorized Agent
Fogleman Associates, Inc.
109 Hinton Avenue No. 7
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SWS 970532
Warlick Estates
New Hanover County
Dear Mr. Palmer:
The Wilmington Regional Office received a modified Stormwater Management Permit
Application for Warlick Estates on August 14, 2002, and requested additional information on
September 27, 2002. That request was for recorded deed restrictions and a signature authority
letter from the corporation. The deed restrictions you submitted on May 14, 2002, were found in
a separate file. I apologize for having to request an additional copy.
In researching the corporation, I discovered that Fogleman Development Co., Inc., is not
listed with the Secretary of State. Furthermore, Steven Siegel, who signed the agent authorization
letter for the permit issued on October 28, 1998, as Secretary of Fogleman Associates, Inc., was
not listed as secretary on any papers filed with the Secretary of State since Fogleman Associates
was incorporated on February 18, 1986.
Since Fogleman Development Co., Inc., does not exist, the application will need to be
revised to show a legal NC registered corporation as the applicant, and the required agent
authorization letter will need to come from the president or vice president of the corporation. The
signature of a secretary or treasurer is not acceptable.
Please note that this request for additional information is in response to a second review.
The requested information should be received by this Office prior to November 22, 2002, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
WW
JNCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

P. 1
{ r COMMUNICATION RESULT REPORT ( SEP.27.2802 3:28PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
_ _ ___ __--------------
---------------------
682 MEMORY TX ——9-7b35S31 OK P. 3/
----REASON FOR ERROR E-2) BUSY
E-1) WAND UP OR LINE FAIL E-3) NO ANSWER E—q) NO FACSIMILE CONNECTION
+ I State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael 1~ , Easley;Cr vernor William G. Ross Jr., Secretary
II 1 c
FAX COVER SHEET
Date: y b _ — No. Of Pages:
To: Ph inbo 1 PE7 From: 's
CO: ri' ,�ien CO:
FAX #•C�3'� 31 FAX#: [phone]oo4 _
REMAMS: I I r
I
it
1!
IN Cordin'pj Drive Extenslon, Wilmington, N.G. 28405-3845 Telephone [phone] Fax [phone]
An Eggal opportunity Affirmative Action Employer
�I

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley,.Governor
William G. Ross Jr., Secretary
FAX COVER SHEET
q�C�53�
Date: 9-2l'�-02—
To: ph;I 7'r� pC
CO: `Trlw Gi,�1�eeri17c�-
FAX #:- --�Co3 — Z 3I
REMARKS: P�:7y!Tl- r
No. Of Pages:
From:
CO:
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
.' An Equal Opportunity Affirmative Action Employer

�0 W A rF19Q
�O G
r
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Steven Siegel, Secretary
Fogleman Development Co., Inc.
c/o Garland Palmer, Authorized Agent
109 Hinton Avenue, No. 7
Wilmington, NC 28403
Dear Mr. Palmer:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
September 27, 2002
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970532
Warlick Estates
New Hanover County
The Wilmington Regional Office received a Stonnwater Management Permit Application
for Warlick Estates on August 14, 2002, A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue
the stormwater review:
1. The signature of an agent can be accepted on the application only if accompanied
by a signed letter of authorization from either the president or vice-president of
the corporation.
2. Per my May 8, 2002, letter, a copy of the recorded deed restrictions was also
requested and still has not been provided. At this time, your case is being written
up and forwarded to the Director for a determination regarding a civil penalty for
failing to comply with the permit conditions: A permit modification will not be
issued until a copy of the deed restrictions, with all statements as required by the
permit, is submitted.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to October 27, 2002,
or the application will be returned as incomplete. The return of a project will necessitate
resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone]
NCDENR
Fax [phone] Customer Service
800-623-7748

Mr. Palmer
September 27, 2002
Stormwater Project No. SW8 970532
---------------------------------------------------
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. Ail original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120021970532,SEP
cc: Linda Lewis
Phil Tripp

w A rFRQ
o �
� y
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
Wilmington Regional Office
September 27, 2002
Mr. Steven Siegel, Secretary
Fogleman Development Co., Inc.
c/o Garland Palmer, Authorized Agent
109 Hinton Avenue, No. 7
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970532
Warlick Estates
New Hanover County
Dear Mr. Palmer:
The Wilmington Regional Office received a Stormwater Management Permit Application
for Warlick Estates on August 14, 2002. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue
the stormwater review:
The signature of an agent can be accepted on the application only if accompanied
by a signed letter of authorization from either the president or vice-president of
the corporation.
2. Per my May 8, 2002, letter, a copy of the recorded deed restrictions was also
requested and still has not been provided. At this time, your case is being written
up and forwarded to the Director for a determination regarding a civil penalty for
failing to comply with the permit conditions. A permit modification will not be
issued until a copy of the deed restrictions, with all statements as required by the
permit, is submitted. _
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to October 27, 2002,
or the application will be returned as incomplete. The return of a project will necessitate
resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
V*A
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Palmer
September 27, 2002
Stormwater Project No. SW8 970532
---------------------------------------------------
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
'e, d' g"-
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO\20021970532.SEP
cc: Linda Lewis
Phil Tripp
i

TRIPP ENGINEERING9 P.C.
419 Chestnut. Street
Wilmington, North. Carolina 28401
I'hone: [phone] - FAX: [phone]
August 9, 2002
NCDENR
Division Water Quality
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis
Re: Warlick Estates Subdivision
SW8 970532 MOD
New Hanover County, NC
TE 01065
Dear Linda:
AUG 14 2002
Y.
In response to your May 8, 2002 letter requesting certification of the Warlick
Estates subdivision pond, we provide a package for modification of the existing permit, so
the pond may be certified. An asbuilt survey has been provided to show the actual
construction of the pond. We propose to adjust the existing outlet structure elevations,
therefore meeting the original proposed volumes in the existing permit. Please review the
proposed outlet structure changes and existing pond contours along with the enclosed
revised calculations for compliance. Upon `approval, modifications will be made and
certification provided.
Please review for approval and contact us with any questions or comments.
Thank you.
Sincerely,
Tripp Engineering, P.C.
Charles D. Cazier, E.I.
CDC:dcb
Enc.

r 818/2002
CDC
WARLICK ESTATES SUBDIVISION MODIFICATION
Stormwater Calculations
01065
Total Drainage Area
s . ft. acres
640.000 14, 69
Im etvious Area
Land Use
s . ft.
acres
buildings
91,000
2.09
arkin /as halt
55,565
1.28
sidewalks
10,592
0.24
Tclal
157,157
3.61
Stormwater Calculations:
Time of Concentration:
Hydraulic Length (L) m 3,250 ft.
change in Height (H) = 10 ft.
Tc = (L411-1)'" / 128
36.65 min.
Flow for 2 year, 6 hour Storm (Q2)
QPRE = (CPRE) x (110) x (Area)
15.61 cfs
QPosr = (CPosT) x (I10)x (Area)
= 26.85 cfs
3011 Storage (:a acrt for "L year Storm:
CN = (98)(% imp.) + (60)(1-% imp.)
= 70
P = 3,30 in. for2yr, 6 hr storm
S = 10001CN - 10
4.29
Depth (D)= (P-(0.2) (S)]2 1 [P+(0.8)(S)]
0.89 in.
Time to Peak Fiow:
TP = [(43.5)(D)(Area)] / Q2,Posr
21,11 min.
Detention Pond Design:
Pond Size:
Elevation
ft.
Surface Area
(sq. ft,
Normal Pool
9,50
8,963
Ftood Pool
12,10
11.395
Top of Sank
15.25
16,148
Bottom of Pool
3.50
1.536
% impervious = 0.246
= 24.6%
say 25.0%
CPRE = 0.25
CPosT= (^A imp.)(.95)+(1-% imp.)(.25)
0.43
12 = 4.25 in/hr
110 = 4.92 in/hr
Flow for 10 year, 6 hour Storm (Q10):
QPRE _ (CPRE) X (125) x (Area)
= 18.07 cis
QPosT = (CPosr) x (125) x (Area)
= 31.08 cfs
Soil storage capacsty Tor t u year Storm;
CN = (98)(% imp.) + (60)(1-% imp.)
= 70
P = 4.82 in. for 10 yr, 6 hr storm
S = 1000/CN - 10
= 4.29
Depth (0)= (P-(0.2)(S)]21 (P+(0.8)(S)]
Time to Peak Flow:
TP = [(43.5)(D)(Area)] / 010,Posr
= 39.15 min.
State Surface'Area Requirement at normal poor
Pond side stopes = 3 :1
Depth below N.P. = 6 ft.
SA/DA = 0.0140
(Chart for 90% TSS Removal for Wet Detention
Pond without Vegetative Filter
Required SA = (SA/DA) x (Total Drainage Area)
8,960 s . ft.
Provided Storage Volume: State Volume Required for Storage of first V of runoff:
Vol. _ ((Normal pool SA + Ftood Pool SA) 12] Rv = .05+ .009(% imp)
x (F.P. elev. - M.P. elov.) = 0.271002
26,465 cu. ft. V= (Design rainfail)(Rv)(Drainage Area)
14,453 cu. ft.
RECIEWE� 1 SEAL 9 -
.0, 17374
%'`•�yGtNE�Q
AUG 14 2002
N����
Jrflfl►�
nwQ �
PROD #4
01065pond 1 of 2

8i812002 WARLICK ESTATES SUBDIVISION MODIFICATION 01065
CDC Stormwater Calculations
Pond Volume:
Bottom SA = 1.536 sq. ft.
Normal Pool SA = 8,963 s . ft.
Vol. _ [(N.P. SA + Bottom $A) 121 x (N.P. el. - Bottom el.)
31,497 cu. ft.
For ebay:
Reduired Volume
` Vol. = 20% of storage volume
4,176 co, ft.
Required forebay volume taken from existing permit
#SW 8 970532
Outlet Structure Desi n:
Flow for 2-day drawdown:
for 1st 1" of stormwaler,
Q = Required Vol. 1172,800 sec, (2-days)
= 0.084 cfs
Required Area of Pipe for 2-day drawdown:
A= Q1[CdxSQRT(2xgxh)]
Cd = 0.6
9 = 32.2 fS.ls2
h = (F.P. elev.- N.P. elev.)/2
1.3 ft.
A = 0.0152 s . ft.
Diameter of PIDe for 2-dav drawdown
} DIA. Y SQRT((A x 4) 1 pi]
IJj 0.1393 ft.
1,67 in.
'Use: 2.00 in diameter pipe
`Provided diameter taken from existing permit
Outlet Structure Check:
Using a 4' x 4' Basin,
Perimeter L = 16 ft.
Q = CIA
C imp.)(.95) + (1-%.imp.)(.25)
0.43
3 = 4.92 in, for a 25 yr. Storm
A = 14,69 Acres
= 31.08 cfs
Q= CwxLxH"5
H = (Q ! (Cw x L)]2J3
Cw = 3
= 0.75 ft.
Peak elevation = Flood pool elevation + H
12.85 ft.
Provided Volume
Forebay Bottom: 488
Forebay Normal: 2.326
Vol. _ [(N.P. SA + Bottom SA) 1 2] x (N.P. el. - Bottom el.)
4.221
Flaw for 5-day drawdown:
for 1st 1" of stormwater,
Q = Required Vol. 1432,000 sec. (5-days)
0.033 cfs
Required Area of Pipe for 5-day drawdown:
A= Q/ (Cd x SQRT(2 x g x h)]
Cd = 0.6
9 = 32.2 ft. IS2
h = (F.P, elev. - N.P, elev,) 12
1.3 ft.
A = 0.0061 s , ft.
Diameter of Pipe for 5-day drawdown:
DIA. = SQRT((A x 4) / pi]
0.0881 ft.
— 1.06 in.
01065pond 2 of 2

OF
moo`,
Michael P. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
April 24, 2002
CERTIFIED MAIL 7002 0460 0000 4340 3658
RETURN RECEIPT REQUESTED
Mr. Steven Siegel, Secretary
Fogleman Development Company, Inc.
2600-C Carver Street
Durham, NC 27705
Subject:NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Warlick Estates
Stormwater Permit No. SW8 970532
New Hanover County
Dear Mr. Siegel:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality will be
sending a recommendation for enforcement action to the Director of the Division of Water Quality. The
recommendation concerns the continuing violation ofNorth Carolina General StatuteNCGS 143-215.6A(2); Failing
to apply for or secure, and/or act in accordance -with the terms, conditions, or requirements of a permit required by
NCGS 143-215.1.. You have failed to provide a "Plan of Action" response to a Notice of Violation, and you have
failed to provide a copy ofthe recorded deed restrictions and the Designer's Certification, which have been requested
several times over the past 2 years.
If you have an explanation for this violation that you wish to present, please respond in writing to me within
ten (10) days following receipt of this Notice. Your explanation will be reviewed and forwarded to the Director with
the enforcement package for his consideration.
By copy of this letter to the Building Inspector, this Office is requesting that the Building Inspector consider
withholding new building permits and Certificates of Occupancy for this subdivision until this matter is
satisfactorily resolved.
If you have any questions concerning this matter, please contact Linda Lewis at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:larl S:IWQSISTORMWATIENFLETR1970532.APR
cc: Tony Roberts, New Hanover County Building Inspections
Bob Sledge
Linda Lewis
W'im-ingtonlIR gia a1 0ffice
Central Files
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

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a CorripletE;ite; s 1"2:and 3Also complete A.
item 4 if restricted Geiive is desired.
a Print your name and address on the reverse
so that we can return the card to you. B
.a Attach this card to the back of the maitpiece,
or on the front if space permits.
n
Article Addressed to:
n 061. Co.,.Tnc
� r�Yd3
❑ Agent
❑ Addressee
Name) C. Date of Delivery
A zi OZ-
Is de)l4dy address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
Certified Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.Q.D.
4. Restricted Delivery? (Extra Fee)
2. Article Nurnbe����+ .
{Trans/ems frorrit servrce,(abe 7 0 0 2 0 4 L 0' 0 0 0 0 4 4 0' 3 6 5 8
PS FoEm 3811, Audig12001 Domestic Return Receipt
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❑ Yes
102595-02-M-0835

UNITED STATES POSTAL SERVICE
,1
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R t. �!
• Sender: Please print your name
State of North Carolina
DENR -
127 Cardinal Drive Ext.
Wilmington, NC 28405
SGv g 97o53Z - C L
First -Class' Mail
and ZIP+4 in this box •
(Attn: Bev)
�R'fs IkiElll!!lk[�11�1�!!!!i'.�'.ii��i�!lEI3lkkllil�Itl�!Ili:i!!!�!I{

■ 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:
vqc-
A. Received by (Please Print Clearly) I S. Date of Delivery
C. X Signature 1
�.r ❑Agent
D- Is delivery address 411terent lrom item 1? ❑ Yes
I1 YES, enter delivery address below: ❑ No
3. Service Type
IX Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.D.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2.t Article Number (Copy, from service tabs!} 1 ; i I i
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
Statc of North Carolina
DEiNR
127 Cardinal Drive Ixt,
Wilmington, NC 28405 tn: l3cv)
fv r7057-2-

State of North Carolina
Department of Environment
and Natural Resources
V1'ilmington Regional Office
Michael F. Easley, Governor
William G. Ross, ,ir., Secretary
Division of Water Quality
May 3. 2001
CERTIFIED MAIL 7000 2870 0000 1709 6694
RETURN RECEIPT REQUESTED
Mr -Steven 1'. Siegel, Secretary
Fogleman Development Company, Inc.
2600-C Carver St.
Durham, NC 27705
Sulilect:NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Wariick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
Dear Mr. Siegel:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement action to the Director of the Division of Water Quality.
The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.6A(2); Failing
to apply, for or secure, and/or act in accordance with the terms, conditions; or requirements of a permit required
by NCGS 143-215.1. You have failed to submit a plan of action requested in the Notice of Violation letter
mailed on August 10, 2000 and have also failed to bring the detention pond into compliance with the permitted
plans as discussed in that notice of violation. A copy of that letter is included for reference.
If you have an explanation for this violation that you wish to present, please respond in writing to me
within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement
package for his consideration.
By copy of this letter to the Building Inspector, this Office is requesting that the Building Inspector
consider withholding building permits and Certificates of Occupancy for- this project until this matter is
satisfactorily resolved.
If you have any questions concerning this matter, please contact Scott Vinson at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSlsav: S:1WQSISTORMWATIENFLETR1970532.MAY
cc: Garland F. Palmer, Jr., Agent
Tony Roberts, New Hanover County Building Inspections
Will ington-Regional:Offic—
Central Files
127 Cardinal Ur. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer piper

..,
mate of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
r4"�M} to
4iti � r, 2000
CERTIFIED MAIL 97000 0600 0023 4230 1237
RETURN RECEIPT REQUESTED
h-Ir. Steven F. Siegel, Secretary
Fogleman Development Company, Inc.
,vim oa noo-C-C.,r,,w 5
Durham, NC 2770E
Subject: NOTICE OF VIOLATION
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
Dear Mr. Siegel:
On 3�u1�122000, Wilmington Regional Office personnel performed a Compliance Inspection of
the project known ls� arlick Estates Subdivision, located approximately 0.6 miles east of intersection of
Hollytree Road & NC 132, Wilmington in New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 970532MOD,
issued to Fogleman Development Company, Inc. on October 28, 1998.
The project has been found in violation of Stormwater Permit Number 970532MOD, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section I., no. 3 Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. When the pond was formed the
approved plans were not followed. The slopes of the pond are graded approximately 2:1,
H:V. The minimum requirement; as shown on the approved plans, is 3:1, H:V. The outlet
orifice also appears to be in violation of the approved plans and calculations. The system
was approved with a 2 inch outlet orifice, there appears to be a 4 inch orifice instead.
2. Section E., no. 9 Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility; a certification must be
received from an appropriate designer for the system installed certifying that the permitted
facility has been.installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the approved
plans and specifications must be noted on the Certification. The required certification for
the stormwater treatment system has not been received by this Office.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Siegel
July 21, 2000
Stormwater Permit No. SW8 970532MOD
Section II., no. 12 (b-e). The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at optimum
efficiency, The approved Operation and Maintenance Plan must be followed in its entiretJ,
and maintenance must occur at the scheduled intervals including, but not limited to:
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
There are small portions of the pond slopes overgrown with a vast majority of the slopes
being bare with no vegetation at all. There are areas of erosion along the slopes due to no
vegetation and the steep grade of the banks.
4. Section II., no. 14. Prior to the sale of any lot, deed restrictions must be recorded which
limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per
Section I, Part 2. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is 3,.500 square feet, inclusive of that
portion of the right -of way between the lot line and the edge ofpavement,
structures, pavement, walkways of brick, stone, or slate, but not including open
wood decking. "
b. "The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State. "
C. "Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State. "
d. "Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations. "
The required RECORDED deed restrictions, showing book and page number, have not
been forwarded to this Office.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before Jt4y-3-+, 2000.
AKA-s7';Lo
2. Regrade the slopes of the pond as shown on the approved plans as having a minimum side
slope of 3:1, H:V. Securely place an endcap on the 4 inch diameter outlet orifice with a 2
inch hole drilled in the cap. This will give the required 2 inch diameter outlet orifice.
Have the attached Designer's Certification completed, signed, sealed, dated, and delivered
to this Office as soon as the slopes of the pond are regraded.
4. Have the eroded areas surrounding the pond fixed and all the bare spots seeded with an
approved type of grassed vegetation according to the Erosion and Sedimentation Control
Planning and Design Manual. Keep the slopes and banks mowed on a regular basis so that
the grass does not exceed 6 inches in height.
Have a copy of the recorded deed restrictions for this subdivision forwarded to this Office
as soon as possible.

-'4 ate"of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr.,.Secretar)'
Division of Water Quality
May 3. 2001
CERTIFIED MAIL 7000 2870 0000 1709 6694
RETURN RECEIPT REQUESTED
Mr. Steven 1. Siegel, Secretary
Fogleman Development Company, Inc.
2600-C Carver St.
Durham, NC 27705
Suhject:NOT10E OF 11117,COMMENDATION FOR ENFORCEMENT
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
Dcar Mr. Siegel:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is
considering sending a recommendation for enforcement action to the Director of the Division of Water Quality.
The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.6A(2): Failing
to apply for or secure, and/or act in accordance with the terms, conditions, or requirements of a permit required
by NCGS 143-215.1. You have failed to submit a plan of action requested in the Notice of Violation letter
mailed on August 10, 2000 and have also failed to bring the detention pond into compliance with the permitted
plans as discussed in that notice of violation. A copy of that letter is included for reference.
If you have an explanation for this violation that you wish to present, please respond in writing to me
within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement
action is still deemed appropriate; your explanation will be forwarded to the Director with the enforcement
packa�(,e for his consideration.
By copy of this letter to the Building Inspector; this Office is requesting that the Building inspector
consider withholding building permits and Certificates of Occupancy for this project until this matter is
satisfactorily resolved.
if you have any questions concerning this matter, please contact Scott Vinson at [phone].
Sincerely,
?
Rick Shiver
Water Quality Regional Supervisor
RSSlsav: S:1W SIS"I'ORMV4�AT_IENFLETIZ1970532.MAY
cc: GTrland-F-Palmer~li:-, A-gen
Tony Roberts, New Hanover County Building Inspections
Wilmin gton Regional Office
Central Files
127 Cardinal Ur. Ext., Wilmington, North Carolina: 28405 Telephone [phone] FAX [phone]
An Equal 01)portunity Affirmative Action Employer 50%. recycled/10%. post -consumer paper

GJ '
O. y •'
.Iu.
date of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality 4,tm+ 10
, 2000
CERTIFIED MAIL 97000 0600 0023 4230 1237
RETURN RECEIPT REQUESTED
]Air. Steven F. Siegel, Secretary
Fo�,leman Dcveloprnent Company, Inc.
oa AGOD-C
Durham, NC 2770f
Subject: NOTICE OF VIOLATION
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532MOD
New Hanover County
Dear Mr. Siegel:
On jjLly 12, 2000, Wilmington Regional Office personnel performed a Compliance Inspection of
the project known as 7arlick Estates Subdivision, located approximately 0.6 miles east of intersection of
HoIlytree Road & NC 132, Wilmington in New Hanover County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 970532MOD,
issued to Fogleman Development Company, Inc. on October 28, 1998.
The project has been found in violation of Stormwater Permit Number 970532MOD, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
L Section I., no. 3 Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. When the pond was formed the..
approved plans were not followed. The slopes of the pond are graded approximately 2:1,
H:V. The minimum requirement, as shown on the approved plans, is 3:1, H.V. The outlet
orifice also appears to be in violation of the approved plans and calculations. The system
was approved with a 2 inch outlet orifice, there appears to be a 4 inch orifice instead.
2. Section II., no. 9. Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility,, a certification must be
received from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the approved
plans and specifications must be noted on the Certification. The required certification for
the stormwater treatment system has not been received by this Office.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% host -consumer paper

Pia
Mr. Siegel
Jule 21, 2000
Storinwater Permit No. SW8 970532MOD
Section II., no. 12 (b-e). The perinittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its entirety
and maintenance must occur at the scheduled intervals including, but not limited to:
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
C. Maintenance of side slopes in accordance with approved plans and
specifications.
There are small portions of the pond slopes overgrown with a vast majority of the slopes
being bare with no vegetation at all. There are areas of erosion along the slopes due to no
vegetation and the steep grade of the banks.
4. Section IL, no. 14. Prior to the sale of any lot, deed restrictions must be recorded which
limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per
Section 1, Part 2. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is 3,500 square feet, inclusive of that
portion of the right-of-way between the lot line and the edge of pavement,
structures, pavement, walkways of brick, stone, or slate, but not including open
wood decking. "
b. "The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State. "
C. "Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State. "
d. "Lots within CAMA `s Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations. "
The required RECORDED deed restrictions, showing book and page number, have not
been forwarded to this Office.
T o correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before +, 2000.
,15.a
2. Regrade the slopes of the pond as shown on the approved plans as having a minimum side
slope of 3:1, H:V. Securely place an endcap on the 4 inch diameter outlet orifice with a 2
inch hole drilled in the cap. This will give the required 2 inch diameter outlet orifice.
Have the attached Designer's Certification completed, signed, sealed, dated, and delivered
to this Office as soon as the slopes of the pond are regraded.
4. Have the eroded areas surrounding the pond fixed and all the bare spots seeded with an
approved type of grassed vegetation according to the Erosion and Sedimentation Control
Planning and Design Manual. Keep the slopes and banks mowed on a regular basis so that
the grass does not exceed 6 inches in height.
Have a copy of the recorded deed restrictions for this subdivision forwarded to this Office
as soon as possible.

DENR _ DWQ
12 Cardinal Dr. Ext_
Wilmington, NC 28405
,aj l
3 RYil TO i
H METER S;-I'l
Mr. Garland F. Palmer, Jr., Agent
Fogleman Development Company', Inc.
108 North Kerr Avenue, Suite F-2
Wilmington, NC 284G5
-h,4 •-4 L;_; Ikllillifillllif�llllkll�kllillkliiillkill7lEkll�llliil�l�1lfl

ilt H
m

.'orporatioo Information
http://corp. secstate.state.nc.tis/c,gi-bin/listbycorp, pl
1=I?ART1V1 ENT O,F T H E S'EC, 1-T 4WY {7 P=ETA
R -AAR TOIs
Data Current as of 02/0I/00
Information for FOGLEMAN ASSOCIATES, INC.
1I Corporation Id: 0183026 Date of Corporation: Feb 18 1986 11
Corporation Status: ACTIVE -
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
_ _..._..._...i
Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: F M FOGLEMAN
Address: 2600-C CARVER ST
City: DURHAM State: NC Zip: 27705
Return to exact name search
Return to soundex search
Notice; Information presented on this Web site is collected, maintained, and provided for the convenience of the
reader. While every effort is made to keep such information accurate and up-to-date, the Secretary of State does not
certify the authenticity of information herein that originates from third parties. The Secretary of State shall under no
circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
of t 09/10/2000 9:38 AM

U
CORP I® 0617030
ARTICLES OF INCORPORATION FEE
200199063 4;I15pm
OF
JAN 19 2000
Effective
ElAINE F. MARSMALL
FOGLEMAN SAFFO TURNER INC. SF,CRErgR�yOF8TA
The undersigned incorporator hereby forms a business corporation pursuant to the
North Carolina Business Corporation Act, and to that end hereby sets forth:
1. The name of the Corporation is FOGLEMAN SAFFO TURNER INC.
2. The Corporation,is authorized to issue 100,000 shares of stock, all of one class,
designated as Common Stock.
3. The street address and County of the initial registered office of the Corporation
is 3901 Oleander Drive, Wilmington, New Hanover County, North Carolina 28403 and the
name of the initial registered agent of the Corporation at such address is Terry F. Turner.
The mailing address of the initial registered office of the Corporation is P. O. Box 4517
Wilmington, New Hanover County, North Carolina 28406.
4, The name and address of the incorporator is:
William O. J. Lynch
P. O. Drawer 2178
New Hanover County
Wilmington, NC 28402
5. The number of directors constituting the initial Board of Directors shall be three
and the names and addresses of the persons who are to serve as directors until the first
meeting of the shareholders or until their successors are duly elected and qualified are:
Name Address
M. L_ Fogleman 109 Hinton Avenue, Unit 7
New Hanover County
Wilmington, NC 28403

A. V. Saffo 3901 Oleander Drive
New Hanover County
Wilmington, NC 28403
Terry F. Turner 3901 Oleander Drive
New Hanover County
Wilmington, INC 28403
6. To the fullest extent permitted by applicable law, no director of the Corporation
shall have any personal liability arising out of any action whether by or in the right of the
Corporation or otherwise for monetary damages for breach of any duty as a director. This
Article shall not impair any right to indemnity from the Corporation that any director may
now or hereafter have. Any repeal or modification of this Article shall be prospective only
and shall not adversely affect any limitation hereunder on the personal liability of a director
with respect to acts or omissions occurring prior to such repeal or modification.
IN WITNESS WHEREOF, the incorporator has executed these Articles of
Incorporation, this the 4_19day of January, 2000.
J,AM,
LLIAM O. J. LY CH
Incorporator
2

LETTER OF AUTHORITY
TO: WHOM IT MAY CONCERN
FROM: FOGLEMAN ASSOCIATES, INC.
4404 POPE ROAD
DURHAM, NC 27707
RE: GARLAND F. PALMER, JR.
THIS IS TO CERTIFY THAT GARLAND F. PALMER, JR. IS AUTHORIZED TO
ACT ON BEHALF OF FOGLEMAN ASSOCIATES, INC., REGARDING DEVELOPMENT
AND PERMITTING OF OUR WARLICK ESTATES PROPERTY ON HOLLY TREE
EXTENSION, WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA, 28409.
DATED THIS 24TH DAY OF JUNE, 1997.
FOGLEMAN ASSOCIATES, INC.
BY:
STEVEN F. SIEGEL-Sla ETARY
STORMWATER
oleeeIve��l
JUN 301997 �
PROJ #�POS3Z

I' . ,, BOOK PAGE
2579
0747
STATE OF NORTH CAROLINA AMENDMENT TO PROTECTIVE
COVENANTS
NEW HANOVER WARLICK ESTATES
THIS AMENDMENT, made this I4th day of MAY, 1999, by the DECLARANT of
WARLICK ESTATES, FOGLEMAN ASSOCIATES, INC., referred to as "DECLARANT".
WHEREAS, the DECLARANT desires to Amend the PROTECTIVE COVENANTS OF
WARLICK ESTATES, which were recorded in Book 2391, at Page 0691 in the New Hanover
County Registry, as provided Section 2 in said Declarations.
NOW THEREFORE, the DECLARANT hereby declares that the PROTECTIVE
COVENANTS OF WARLICK ESTATES are amended to add the following:
1. The Lots as shown in the Plat for WARLICK ESTATES, SECTION TWO,
recorded in Map Book 39 , Page 3 , New Hanover County Registry
are hereby made subject to the PROTECTIVE COVENANTS FOR WARLICK
ESTATES.
DATED this 14 th day of May, 1999.
,,11111t1111fffff,
��.• PSS O C� '•..
Q':'• •% (P FOGLEMAN ASSOCIATES, INC.
p0RATE •; '
GOP : n
io
S
BY:
��'• 1986 ��•`�� M
If'ff11111111{1=:
ATTEST:
MAN -PRESIDENT
(CORPORATE SEAL)
STEVEN F. SIEGEL-S,ECRETABRIE CE IVE D
MAY 111 2002
PRod # 5W 8 7053 Z � RETURN TO
STEVEN F. SIEGEL
[phone]
L.

a
M
BOOK PACE
STATE OF NORTH CAROLINA 2- 5 7 4 0 7 u 8
COUNTY OF NEW HANOVER
I, 17� re — L . `*ref (, a Notary Public for New Hanover County, North Carolina.
certify that STEVEN F. SIEGEL personally came before me this day and acknowledged that he
is Secretary of FOGLEMAN ASSOCIATES, INC., a North Carolina corporation, and that by
authority duly given and as the act of the corporation, the foregoing instrument was signed in
its name by its President, sealed with its corporate seal and attested by him as its Secretary.
Witness my hand and official stamp or seal, this / `� th day of MAY, 1999.
Notary Public
(NOTARIAL SEAL) TERESA L SHAVER
Notary Public
State of North Carolina
My Commission Expires: New Hanover County
Commission Expires October 13, 2002
TATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Certificate(s) of
'99 My 14 PM 12 48
VERIFIED
I l Notary (Notaries) Public is/ are certified
to be correct_
MARY SUE DOTS I � ` E7',;
S T E R 0 F DEEDS This the r` k. day of 1 g
� Mary Sue Qvts, Regisker
Rof De s
C 0. NC byl�'lrr,�n� _
i�JW�Delputy1Avr txTrt'

r �
BOOK PAGE 8 E,ill29 rl11 99
U� 391 0091
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
PROTECTIVE COVENANTS
WARLICK ESTATES
THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS, dated for purposes of reference only this the Z2�day of 11A4oi 199%.
by FOGLEMAN ASSOCIATES, INC. (hereinafter "Declarant").
00oo7s
RECITALS:
Declarant has, by recordation of a subdivision plat, subdivided certain property shown
on said plat into lots intended for utilization for construction of single family homes. The
subdivision plat is recorded in Map Book 38 , Page1001 New Hanover County Registry, and
all property shown thereon is hereinafter referred to as the "Subdivision". Each numbered lot
shown on the recorded plat is referred to herein as a "lot". The name of the subdivision is
WARLICK ESTATES.
Within the Subdivision and as shown on the recorded plat, there has been privately
dedicated one or more street rights of way, and there will be or has been constructed within each
such right of way, in accordance with applicable construction standards of the State of North
Carolina, a subdivision road. Access to each Lot within the Subdivision is over one or more
streets shown on the recorded plat of the Subdivision.
In order to own, manage and maintain common areas and utilities as more fully set out
hereinafter, and to enforce these Protective Covenants and to provide an organization for the
benefit of the owner of each Lot within the Subdivision, Declarant has chartered a North
Carolina nonprofit corporation named WARLICK ESTATES HOMEOWNERS ASSOCIATION
(tile "Association"). The owner of each Lot is a member of the Association, and the owner of
each Lot is obligated to pay dues and assessments to the Association for the benefit of the
Association and the owner of each Lot within the Subdivision. The organization and operation
of the Association is described in these Protective Covenants and in the By -Laws of the
Association.
It is the desire and intention of the Declarant. for its benefit and with the intent of
preserving the value of each Lot, to restrict the utilization of and improvements on each Lot
within the Subdivision in accordance with guidelines established herein. Therefore, Declarant
hereby subject the property described hereinafter to the terms and provision os these Protective
S PREPARED BY STEVEN F. SIEGEL
r� RETURN TO
TEVEN F. SIEGEL
{910) 256-2292 {910) 256-2292

N
oven PAGE
'391 06g2
Covenants for the use and benefit of all present and future Lot owners within the Subdivision.
1. DESCRIPTION. This Declaration shall run with the land and shall bind and inure
to the benefit of the owner of eaeh Lot within the Subdivision, and the property made subject
to these Protective Covenants is all of the property shown on that plat of WARLICK ESTATES
recorded in Map Book , Page , New Hanover County Registry, as the same may be
amended from time to time.
2. ADDITIONAL PROPERTIES. Declarant reserves the right to subject additional
properties to the terms and provisions of these Protective Covenants. The property which may
be made subject to the terms and provisions of these Protective Covenants may include additional
adjacent properties thereto (adjacent being defined as inclusive of properties across a right of
way or water body). All or any part of such property may be subjected hereto; such property
may be subjected hereto in one or more phases. However, to the extent that any portion of such
property has not been subjected to the terms and provisions of these Protective Covenants by
recordation of an amendment to these Protective Covenants in the Office of the Register of
Deeds of New Hanover County Registries, which amendment specifically exercises such right,
on or before OCTOBER 1, 2006, this right shall terminate. Lots made subject to the terms and
provisions of these Protective Covenants by amendment shall be liable for payment of dues as
specified in such amendment;' but in no event shall dues by payable later than the conveyance
by Declarant of any lot within a given phase or section to a third party.
3. SINGLE FAMILY UTILIZATION. This Protective Covenant restricts all numbered
Lots subjected to its terms to use only for single family residential purposes. No home or other
structure constructed within the Subdivision shall be utilized for commercial purposes, except
that Declarant or its assigns shall be entitled to use any structure located within the Subdivision
for purposes of assisting in the sale of Lots within the Subdivision. Nothing contained herein
shall limit to single family utilization property subjected to this Declaration by valid amendment
hereto, but all such properties shall be limited to residential utilization.
4. BUILDING AND SITE RESTRICTIONS. The Architectural Control Committee
must give prior approval of any removal of any tree of a size of twelve inches in diameter of
greater from any Lot or the construction of any improvement or structure on any lot in
accordance with the procedures described in Paragraph 5 of these Protective Covenants. In
addition, the following restrictions shall apply:
(a) No detached garage, storage shed, or carport shall be permitted unless
architecturally compatible with the primary dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed per Lot.
(c) All homes must be constructed substantially on site, and no modular home
shall be located within the Subdivision and no homes constructed elsewhere shall be allowed to
be conveyed into and located on a Lot within the Subdivision. No temporary structures shall
2

be allowed.
ZOOK PAGE
o qU (d) No sign shall be allowed on any Lot so as to be visib e r any street right
of way or any adjoining Lot, except as to the following signs, which shall be allowed:
(1) a sign, no greater than four square feet in size, specifying the general
contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance
of a certificate of occupancy for the structure;
(2) a sign identifying the property upon which such sign is placed only
by the name of the owner and a street number. Such sign must be constructed at a size, and to
specifications and styles established by the Architectural Control Committee, and must be located
on the Lot in a place specified by the Architectural Control Committee;
(3) street or directional signs erected by the Association;
(4) any sign required to be constructed by any governmental agency; and
(5) identification and informational signs constructed by Declarant, or its
agent, installed in places, for the purpose of assisting the Declarant in identifying the project and
the location of sales offices, amenities, lots for sale, sales models or other nonresidential uses
within the Subdivision.
(6) all other signs must be approved by the Architectural Control
Committee.
All permitted signs, except those required to be constructed by a governmental
entity, shall be constructed of materials, in a style of colors and in a location established and
approved by the Architectural Control Committee.
(e) The minimum square footage of heated, enclosed living space for each
approved residential structure shall be 1.800 square feet.
(f) There are no absolute building setback requirements other than those that may
be imposed by a local government or those shown on the recorded plat of the Subdivision.
However, no structure will be allowed within 45 feet of any street right of way, 10 feet of any
side Lot line, 25 feet of any rear Lot line, unless alternatives are approved by the Architectural
Control Committee. NOTWITHSTANDING ANY SUGGESTED SETBACK, THE
ARCHITECTURAL CONTROL COMMITTEE SHALL HAVE COMPLETE AUTHORITY
TO DETERMINE THE APPROPRIATE BUILDING SITE ON EACH AND EVERY LOT.
THERE IS NO PRESUMPTION THAT SUCH APPROVED BUILDING LOCATION SHALL
BE WITHIN THE SUGGESTED SETBACKS SET OUT HEREINBEFORE.
3

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2391 0694
(g) The heights of structures shall be subject to approval of the Architectural
Control Committee in accordance with the standards set out in Paragraph 5 hereunder, but no
structure may exceed in height the height limitation imposed by New Hanover County.
(h) Fences are subject to the complete jurisdiction of the Architectural Control
Committee as to location, style, materials and height. As used herein, fences shall include
walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. The
Architectural Control Committee shall only approve the Construction of a fence upon a
determination that the fence is aesthetically pleasing; does not detract from the reasonable value
of any Lot and does not unreasonably impede the view of any water course or other attractive
feature from any other Lot. It is the responsibility of the lot owner to insure all structures or
Fences are constructed within their lot.
(i) No satellite receiving dish, radio antennae or other similar device shall be
located on any Lot. The Architectural Control Committee shall approve the location of such
device only upon making an affirmative finding that the location of the device on the Lot is in
the area of minimum visibility from any surrounding Lot or from any street, and upon a Further
finding that the proposed location will not significantly detract from the aesthetic values of the
Subdivision.
0) No boat, boat trailer, other trailer; camper, recreational vehicle, utility vehicle
or truck (to the extent that a truck is rated as a two and one-half ton truck or larger) shall be
allowed to remain on any street right of way or on any Lot or on any common property
overnight unless it is enclosed within a garage, solid fenced area or planted screen that has been
constructed in accordance with the provisions of these Protective Covenants.
(k) The Associations shall have authority to adopt rules and regulations prohibiting
or restricting the location of temporary or permanent clotheslines, the number of vehicles that
my be parked on any Lot and the number, type and location of trash receptacles and trash
receptacle enclosures.
(1) No activity, whether active or passive, that is reasonably considered a
nuisance by the Association shall be allowed on any Lot. This prohibition includes any activities
within any structure, on any Lot or on any street or common area. The Association is
specifically authorized by Paragraph 15 of these Protective Covenants to adopt rules regarding
conduct and use of any Lot, however, The Association may find any conduct or use of a Lot to
be a nuisance notwithstanding the fact that such conduct is not specifically prohibited by these
Protective Covenants or by an adopted rule. If any conduct is deemed by the Association to be
a nuisance, and to the extent that such conduct is not specifically prohibited by the provisions
of these Protective Covenants or by an adopted rule, the Association shall give written notice
to the offending owner specifying the nature of the nuisance, and requesting that such nuisance
be terminated. If any nuisance is not terminated within a reasonable time thereafter, the
Association may, in addition to any other remedy, impose a fine in the amount of $100.00 per
violation. If the nuisance is of a continuing nature, a separate violation shall be considered made
C!

300K PACE
each day the nuisance continues. All such fines may be collected in tMsaUmanner as an
assessment as more fully specified herein, and all attorney's fees incurred may be collected as
allowed by Paragraph 7 herein.
(m) Improved and unimproved lots must be maintained by the owner in a manner
consistent with the Subdivision as determined by the Architectural Control Committee.
5. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES. At least thirty (30)
days prior to the anticipated commencement of any landscaping or construction of any structure
or improvement on any Lot, the owner of such Lot (or his duly appointed agent) shall submit
to the Chairman of the Architectural Control Committee a survey of the Lot, which survey shall
show each Lot corner. There shall further be shown on said survey the proposed location of all
proposed and existing structures or improvements, including driveways, bulkheads, piers, patios.
decks and walkways, and further including a specific delineation of the proposed location of all
improvements that will result in the creation of impervious surfaces as defined by the
Department of Environmental Management of the State of North Carolina in accordance with
the North Carolina coastal 'storm water regulations. There shall further be provided to the
Architectural Control Committees sufficient building elevations and other site plans. including
a statement of exterior building materials and proposed exterior colors, to allow the Architectural
Control Committee to appropriately and accurately evaluate what is proposed for construction
on the Lot. The survey shall be prepared by a registered or licensed land surveyor, and the
building elevations and other site plans shall be prepared professionally. There shall be
submitted two copies of all information required to be submitted.
The owner of each Lot shall notify the Architectural Control Committee of the identity
of the contractor proposed for construction of any major improvements on any Lot. Major
improvements shall be all improvements of a reasonable construction cost of S10,000.00 or
more. The owner of each Lot shall include with the name of the contractor a statement as to
the classification of contractor's license held by such contractor, the address and telephone
number of the contractor. This information shall be submitted to the Architectural Control
Committee at time of submission of plans, if such information is available at that time, if the
information is not available at that time, the information shall be submitted to the Architectural
Control Committee at least thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control
Committee shall submit in writing to the owner of the Lot whether or not the requested
improvements are approved. Unless a response is given by the Architectural Control
Committee within thirty (30) days, the plan shall be deemed approved. The response of the
Association may be an approval, a denial, an approval with conditions or a request for additional
information. A request for additional information shall be deemed a determination that the
information submitted was inadequate, and the thirty (30) day time for response shall only
commence upon receipt of the requested additional information. If approval with conditions is
granted, and construction then begins, the construction shall be deemed approval by the owner
of the Lot of the conditions imposed.
5

BOOK PAGE
The Architectural Control Committee shall approve he pans as suUtPJ, if all required
information is submitted, and the following affirmative findings are made by the Architectural
Control Committee:
(a) that the improvement sought to be constructed will not have negative
economic impact on any other Lot within the subdivision;
(b) that all required specific building standards and other conditions contained
within the Protective Covenants and other applicable legal documents have been complied with;
(c) that the improvements are architecturally compatible with proposed or
constructed improvements on other Lots within the Subdivision; and
(d) that the natural features of the Lot have been retained to the maximum extent
feasible.
(e) that the impervious surface limitation coverage proposed on each Lot is
consistent with the requirements of the Department of Environmental Management coastal storm
water regulations. An average Lot shall contain impervious surfaces as defined by said
regulations not in excess of irmo` square feet. At no time shall the total impervious surface
coverage on all Lots which have construction existing or approved thereon exceed the amount
of impervious surfaces determined by multiplying the number of such improved lots by �5p�
square feet.
In -addition to plan approval, the Architectural Control Committee must approve the
contractor selected by the owner of each Lot. A contractor shall be approved if the contractor
has an appropriate North Carolina general contractor's license in good standing, is of good
financial standing, has a good reputation in the community and has constructed to the satisfaction
of the owner of property comparable structures on a regular and routine basis.
Any owner of any Lot disagreeing with the finding of the Architectural Control
Committee may appeal the decision to the Board of Directors of the Association by giving
written notice of appeal to the President of the Association within fifteen (15) days following
receipt of notice of denial. The Board of Directors of the Association shall then review the
plans, giving the Chairman of the Architectural Control Committee the opportunity to present
to the Board of Directors of the Association specific reasons why the plans were denied, in the
presence of the owner of the lot or his agent, and the owner of the Lot or his agent may present
information challenging the findings of the Architectural Control Committee. The decision of
the architectural Control Committee shall only be overridden by unanimous vote of the Board
of Directors of the Association.
All notices required to be given herein shall be given in writing, hand -delivered or mailed
postage prepaid, return receipt requested, and the Architectural Control Committee shall be
obligated to specify the particular grounds upon which denial of any application is founded. One
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P-OOK FACE
� 39� 0697
set of plans, denoted as approved (or approved with specified conditions)shall be retained by the
Architectural Control Committee and the other shall be returned to the applicant.
The Architectural Control' Committee shall have the right to issue rules and regulations
governing the maintenance of construction sites and the procedures to be followed by contractors
and owners of lots during construction periods.
6. ASSOCIATION. The owner or owners of every Lot shall be a voting member of the
Association. However, only one vote shall be allowed per Lot; to the extent that there. is more
than -one owner of any one Lot, said owners shall determine among themselves, and designate.
one voting member, which voting member shall cast the vote allocated to said Lot. If the
owners cannot agree among themselves, the board of Directors of the Association shall
determine and designate a voting member from among the owners of the Lot. The Association
shall be governed by a Board of Directors, selected in accordance with the By -Laws of the
Association, and the Association shall operate and do business
in accordance with the terms of its By -Laws, see attached Exhibit "A".
The Association shall have the responsibility of maintaining a sightly appearance along
all street rights of way and utility easements, to the extent that the same are utilized for common
ingress and egress or benefit.
The Association shall have the responsibility of maintaining in good condition all
common areas, and shall be responsible for adopting rules and regulations governing utilization
of such common areas. The Association shall be obligated to accept ownership of all common
area designated on any recorded subdivision plat the properties of which are made subject to the
provisions of this Declaration. To the extent necessary, the Associating may etnploy personnel
necessary to perform its obligations, or needed to benefit the owners of Lots within the
Subd ivision.
The Association shall have the obligation to provide for itself and for the benefit of the
owner of each Lot all necessary professional services to promote the proper maintenance of all
streets and other common areas and to provide the smooth, proper and legal administration of
the Association. These services may include services of an engineer, lawyer, accountant or
other professional. The Association is specifically authorized to provide such other incidental
services for the benefit of the Subdivision and in the management of the Association as deemed
reasonably necessary by the Board of Directors of the Association. The Association shall also
have an affirmative obligation to maintain common elements in good condition, utilizing its
funds so to do, notwithstanding the utilization of such facilities by any or all Lot owners.
The Association shall have the optional authority to provide any service to the Lots it
believes desirable, including, but not limited to cable television, waste collection or utility
service, such services may be provided by the Association directly, by a subsidiary owned by
the Association or by contract with a third party. Assessments may be collected to pay for the
provision of such services.
7

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2391 0698
In order to fund its obligations, the owner of every Lot, is obligated and bound, whether
or not expressly stated in any instrument of conveyance, to pay to the Association the following:
(a) annual charges or dues; and
(b) special assessments.
All such assessments, charges, and dues, together with any interest thereon, shall be a
charge on the land and shall be a continuing lien upon the Lot against which such assessments
are made. Liens shall be perfected in the manner of mechanics or materialmen's lien under
North Carolina General Statutes, and any lien for dues unpaid shall be filed within nine (9)
months after the due date of the payment of such assessment. The due date shall be the first day
of the fiscal year of the association, as to annual dues; and the date established for payment of
a special assessment, as more fully set out hereinafter. Any such lien may be enforced in the
manner of a deed of trust with power of sale, as allowed by North Carolina General Statutes.
through a foreclosure proceeding. This instrument shall be deemed to give to the President of
the Association said power of sale.
Annual assessments shall be in an amount determined by a majority vote of the Directors
of the Association. The fiscal year of the Association shall be the calendar year; dues for the
first year of the Association, prorated by date of closing, shall be payable to the Association at
closing. Declarant shall pay dues for all unsold Lots beginning on the first day of the month
following the first conveyance of a Lot to a third party by Declarant. Beginning with January
I of the year following issuance of a building permit for construction of a home on a Lot, the
dues for each such Lot for which a building permit for construction of a home has been issued
shall be twice the then determined assessment for each unimproved Lot. No amendment to these
protective Covenants, unless approved by Declarant and all owners of Lots within the
Subdivision, shall alter the ratio of dues paid by the owner of an unimproved Lot compared to
the dues paid by an owner of an improved Lot.
A special assessment may be levied from time to time by vote of a minimum of 70% of
the total votes cast in any regular or special meeting, called in accordance with the By -Laws.
A special assessment may be made for any purpose for which expenditures are allowed in
accordance with this Declaration. The resolution approving a special assessment shall specify
the date payable.
Notwithstanding any provisions of these Protective Covenants, including this Paragraph
6, the Board of Directors shall have authority to levy any special assessment if, in the sole
discretion of said Directors, the assessment is reasonably required to protect properties impacted
in case of an emergency, such as a storm causing sever erosion. In such event, the Directors
shall give written notice to the members so affected as promptly as possible after the
determination of said assessment and the action shall be binding as though ratified by the
requisite vote of the owners of Lots.

BOCK PAGE
?091 0696
The Declarant shall retain control of the Association until Seventy -Five percent (75 %)
of the lots have been sold and closed, or until Declarant give control to the owners, whichever
comes first.
7. ENFORCEMENT. These Protective Covenants, including any amendment hereto.
may be enforced by any individual Lot owner; by the Association, upon action by its Board of
Directors: or by Declarant, as long as Declarant owns any Lot within the Subdivision.
Appropriate remedies shall include, but are not limited to, specific performance. In any action
to enforce these Protective Covenants, including any action to collect assessments, either regular
or special, or to foreclose upon any real property for payment of such assessment, all costs
associated with said collection, including court costs and reasonable attorney's fees, shall be
collected as an additional assessment. In addition, interest at the rate of twelve percent (12 %)
per annum shall be collected from the due date of any assessment, until the assessment is paid
in full.
The State of North Carolina is given specific authority to enforce these covenants to the
extent necessary to cause compliance with the impervious surface limitation of the North
Carolina coastal storm water regulations, and the State of North Carolina is specifically granted
authority to enforce these Protective Covenants for such purpose, with remedies available to the
Sate of North Carolina including, but not limited to, the remedy of specific performance.
8. SETBACKS. All setback and building restriction areas, and allowable building area,
as shown on the recorded subdivision plat of the Subdivision, shall be incorporated herein by
reference.
9. AMENDMENTS. these Protective Covenants shall continue in full force and effect
until 12:00 noon on OCTOBER 1, 2007, at which time is shall automatically extend for
additional successive periods of ten (10) years, unless a document terrminating or modifying these
Protective Covenants, is recorded prior to any renewal date in the office of the Register of
Deeds of New Hanover County, which amendment shall require approval of sixty-seven percent
(67%) of the Lots subjected to these Protective Covenants (including any amendments hereto).
10. BINDING EFFECT. All covenants, restrictions, reservations, casements and
privileges contained herein shall run with the land and the grantee, by accepting any deed to any
portion of such land described herein, accepts the same subject to these Protective Covenants
and its terms and conditions and agrees for himself, his heirs, successors and assigns, to be fully
bound by each and all of the terms and conditions of these Protective Covenants, jointly,
separately, and severally.
11. RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all
streets and roads within the Subdivision for purposes of ingress and egress to Lots within such
Subdivision owned by it, or for purposes of providing access to other contiguous properties
owned by it. This right shall be assignable by Declarant to successors in interest to it of other
G:

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239Z
contiguous properties. Any utility easements reserved as shown on any �cordedplat (and all
roadways shall be deemed for this purpose a utility easement) shall be available for utilization
by Declarant, authorized utility companies, or by the owner of any Lot within
WARLICK ESTATES, for purposes of providing utility services or necessary drainage, but only
upon approval of the Association given by its Board of Directors.
12. RESUBDIVISION. No resubdivision of any single Lot shall be allowed, if any
resulting Lot will be smaller in size than any of the Lots resubdivided, prior to resubdivision.
Nothing contained herein shall prohibit conveyance of more than one Lot. or portions of
contiguous Lots, as long as the resulting Lot or Lots are greater in size than those originally
subdivided. The deed o f conveyance. of any such resubdivided or recombined Lots shall restrict
the construction thereon to one single family residential home per redivided Lot. so that the
maximum number of homes which can be constructed within the Subdivision shall not increase.
Upon the recombination of any Lots to reduce the total number of allowable building Lots within
the Subdivision, for purposes of member ship in the Association and for purposes of the payment
of dues and assessments, any recombined Lots shall be considered a single Lot. Furthermore,
should any Lot be determined by Declarant to be unbuildable, and should such Lot then be
deeded to the Association as common area, or dedicated by Declarant as a recreation or open
space area for the benefit of the Association, all by document duly recorded in the office of the
Register of Deeds of New Hanover County, there shall ge no further dues owed form the date
of such recordation; however, any dues prepaid shall not be reimbursed.
13. UTILITY EASEMENTS. There is hereby reserved for the benefit of the
Association and the owner of each Lot within the Subdivision a utility, drainage and maintenance
easement running parallel to each street a width of 10 feet, and parallel to each side and rear Lot
line a width of five feet and adjacent to any body of water (whether natural or manmade) a width
of ten feet. Utilization of such easement by anyone other than the Lot owner across which such
easement runs shall be made only upon approval of the Board of Directors of the Association.
In addition to the above named easements, all lots will be subject to the easement granted City
of Wilmington, the provider of water to the development.
14. MINOR AMENDMENT. Declarant, or its successor or assign, shall be allowed
to amend these Protective Covenants, notwithstanding any other provision contained herein, and
without joinder of any other party, for the purpose of correcting any discovered error contained
herein, clarifying any ambiguity contained herein, or adding or deleting any incidental provisions
deemed in the sole discretion of Declarant to be in the best interest of the Suhdivision, and the
owner therein. This right may be exercised, and shall be effective, only upon the recordation
of a "Corrected Declaration" in the office of the Register of Deeds of New Hanover County,
which Corrected Declaration shall specifically reference this document, and the provision
impacted.
UK

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� qq
15. RULES. The Board of Directors may from time Mil establil7uls1for use of
any property within the Subdivision in order to protect the value of Lots, the aesthetic qualities
of the Subdivision and the tranquility of the owners of Lots. Said rules may include, but are not
limited to, reasonable restrictions on pets, rental use of homes, and parking of cars, trailer,
boats, campers and other vehicles on Lots and streets. All such rules shall be effective after
written notice of adoption is mailed to the record owners of all Lots. All such rules shall be
enforceable as though set out within these Protective Covenants.
16. FEES AND BONDS. The Board of Directors is specifically authorized, but is not
required, to charge application or processing fees for approval of plans, and to require the
posting of reasonable bonds or deposits prior to commencement of construction to protect the
Association against damage to streets or other common area or costs incurred in causing
correction of any construction or site work performed otherwise and in accordance with
approved plans.
THE REST OF THE PACE IS INTENTIONALLY LEFT BLANK.

BOOK PAGE
? 3 9 1 0702
IN TESTIMONY WHEREOF, said parties have caused this instrument to be executed
in their corporate name by their corporate officers, and their corporate seals to be hereto affixed,
all by order of their Board of Directors first duly given, this the day and year first above
written.
�cy� �0
ATTEST:
FOGLEMAN SSOCIATES, INC.
1
BY: =L
F`. M. i~OGL MAN - PRESIDENT
STEVEN F. SIEGEL -,SECRETARY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
-' ha Ve- K- , a Notary Public of the County of New
Hanover, State of North Carolina, do hereby certify that STEVEN F. SIEGEL personally came
before me this day and acknowledged that he is Secretary of FOGLEMAN ASSOCIATES,
INC., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President, sealed with its
corporate seal and attested by STEVEN F. SIEGEL as its Secretary.
Witness my hand and official seal this ZZ-� day of Z4_1�14 1948.
lo
Notary Public
(Notary Seal)
My Commission Expires STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed certificate(s) of TERESA L. SHAVER
Notary Public
2S 0.In State of North Carolina
New Hanover County
Notary (Notaries) Public is/ are certified Commission Expires October 13, 2002
to be correct �j
This-t>�+t/_L Lday of 14�
Sue Oot , ister of Deeds
uty/Asaistm-rt

BOOK PAGE
EXHIBIT "A" ? 3 9 1 0 7 0 3
BYLAWS OF
WARLICK ESTATES HOMEOWNERS' ASSOCIATION, INC.
ARTICLE 1
ASSOCIATION MEMBERS
Section 1. ANNUAL MEETING OF MEMBERS. The annual meeting of the Members of the
Association shall be held at the principal office of the Association, at an hour to be fixed by the
President, on the second Tuesday in January of each year for the purpose of electing directors
and for the transaction of such other business as may be brought before the meeting. if the day
fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next
succeeding business day.
Section 2. SUBSTITUTE ANNUAL MEETING. If the annual meeting shall not be held on
the day designated in these Bylaws, a substitute annual meeting at the principal office of the
Association may be called in accordance with the provisions of Section 3 of this Article I. A
meeting so called shall be designated and treated for all purposes as the annual meeting.
Section 3. SPECIAL MEETINGS OF MEMBERS. Special meetings of the members may be
held in the principal office of the corporation, or elsewhere by consent of the members,
whenever called in writing by the President or any member of the Board of Directors of the
corporation or by members representing twenty percent (20 %) of the membership entitled to
vote.
Section 4. NOTICE OF MEETING. Written or printed notices stating the time and place of
meeting shall be mailed or delivered by the Secretary to each member of record at the member's
last known address.
The notice of each meeting shall be mailed or delivered by the Secretary not less than
ten days nor more than fifty days prior to the date set for such meeting and as to special
meetings, the Notice shall indicate the purpose or purposes thereof.
Section 5. QUORUM. At any meeting of the members, ten percent (10%) of the
members entitled to vote, present in person or represented by proxy, shall constitute a quorum
of the membership for all purposes.
If a quorum is not present, the meeting may be recessed from time to time by
announcement from the chair at the time such meeting was set and such shall be sufficient notice
of the time and place of the recessed meeting. The members present at a duly organized
meeting may continue to transact business until adjournment, notwithstanding the withdrawal of
enough members to leave less than a quorum.

BOOK PAGE
2391 0704
Section 6. ORGANIZATION. The President, or, in his absence, the Vice President,
shall preside over all meetings of members and the Secretary of the Association shall act as
Secretary at all meetings of the members; provided, however, in the Secretary's absence the
President may appoint a Secretary for the meeting of the members.
Section 7. VOTING. Each member of the Association, as defined in the Articles of
[ncorporation of said Association, shall be entitled to one vote for each unit owned on each
matter submitted to a vote at a meeting of members.
The vote of a majority of the members at a meeting of members at which a quorum is
present shall be the act of the members on that matter, unless the vote of a greater number is
required by law or by the charter or other Bylaws of this Association. Cumulative voting shall
not be allowed.
Section S. VOTING BY PROXY. The vote allocated to a member may be cast pursuant
to a dated written proxy signed by the member. A member may not revoke a proxy except by
written notice delivered to the person presiding over a meeting of the Association. A proxy
terminates one year after its date, unless it specifies a shorter term.
ARTICLE II
BOARD OF DIRECTORS
Section 1. NUMBER AND TERM OF OFFICE. The affairs of the Association shall
be managed by a Board of Directors of three (3) members, which shall be entitled to act on
behalf of the Association, in all routine, day to day operations of the Association. Said Board
shall consist of the President, Vice President and Secretary of the Association.
The term of office for each Board member shall be until the successors to such offices
shall have been duly elected and qualified as hereinafter stated. Corporate members, including
the Declarant and Developer, may elect individual candidates to said offices as hereinafter
provided.
Section 2. COMPENSATION. No Board member shall receive compensation for any
service he may render to the Association. However, with the prior approval of the Board, any
Board member may be reimbursed for actual expenses incurred in the performance of his duties.
Section 3. ACTION WITHOUT MEETING. The Board shall have the right to take any
action in the absence of a meeting which they could take at a duly held meeting by obtaining the
written consent of all of the Board members to the action. Any action so approved shall be filed
in the corporate books and records and shall have the same effect as though taken at a meeting
of the Board.
Section 4. MEETINGS. Meetings of the Board shall be held quarterly without notice,
at such place and hour, as may be fixed from time to time by resolution of the Board. Special
meetings of the Board may be called by any member of the Board after not less than five (5)
days notice to each Board member.

BOOK PAGE
2391 0705
0) To exercise all other powers that may be exercised in this state by legal
entities of the same type as the Association.
Section 7. DUTIES OF THE BOARD OF DIRECTORS. It shall be the duty of the
Board to do the following:
(a) To cause the common elements to be maintained, repaired, and replaced as
necessary, and to assess the members to recover the cost of the upkeep of the common elements;
(b) To serve as the architectural committee or to appoint an architectural
committee as provided in the Bylaws;
(c) To keep a complete record of all its acts and corporate affairs and present a
statement thereof to the members at the annual meeting, or at any special meeting when such
statement is requested in writing by 20% of the members;
(d) To supervise all officers, agents and employees of the Association, and see
that their duties are properly performed;
(e) To fix the amount of the annual assessment at least three (3) months in
advance of each annual assessment period based on the projected budget for the annual
assessment period and pursuant to the provisions set forth in the Declaration of Covenants,
Conditions and Restrictions;
(f) To send written notice of each assessment to every member at least thirty (30)
days in advance of the due date for each annual assessment;
(g) To foreclose any unpaid assessments and liens resulting therefrom against any
property for which assessments are not paid within thirty (30) days after due date or to bring an
action at law against the member personally obligated to pay the same;
(h) To issue, or have issued, for a reasonable charge, a certificate setting forth
whether or not any assessment has been paid; provided, however, that if a certificate states that
an assessment has been paid, such certificate shall be conclusive evidence of such payment as
to all parties except the member and lot owner as of the date of the assessment;
0) To procure and maintain, at all times, adequate hazard insurance on the
property owned by the Association and all property for which the Association has the duty to
maintain, and sufficient liability insurance to adequately protect the Association as provided in
the Declaration of Covenants, Conditions and Restrictions; and
0) To cause all officers or employees, including officers and employees of
professional management, having fiscal responsibilities to be bonded, as it may deem
appropriate.
4

5vvn ^
2391 0706
Section 8. LIABILITY OF THE BOARD OF DIRECTORS:
The members of the Board of Directors shall not be liable to the Association or any of its
members for any mistake of judgement, negligence, or otherwise except for their own individual
willful misconduct or bad faith. The members of the Association shall indemnify and hold
harmless each member of the Board of Directors against all contractual liability to others arising
out of contracts made by the Board of Directors on behalf of the Association unless any such
contract shall have been made in bad faith or contrary to the provisions of the Articles of
Incorporation or these Bylaws. It is intended that the members of the Board of Directors shall
have no personal liability with respect to any contract made by them on behalf of the
Association. It is also intended that the liability of any member of the Association arising out
of any contract made by the Board of Directors or out of the indemnity in favor of the members
of the Board of Directors shall be limited to the such proportions of the total liability thereunder
as his interest in the Association bears to the interest of all members of the Association in the
Association. Every agreement made on behalf of the Association shall provide that the members
of the Board of Directors are acting only as agents for the Association and shall have no
personal liability thereunder (except as members of the Association), and that each member of
the Association's liability thereunder shall be limited to such proportion of the total liability
thereunder as his interest in the Association bears to the interest of all members of the
Association.
ARTICLE III
OFFICERS
Section 1. OFFICERS. The Executive officers of this Association shall be a President.
Vice President, and Secretary/Treasurer.
Section 2. ELECTION OF OFFICERS. Each office shall be elected from
member -candidates nominated from the floor at the annual meeting of the Association. Election
shall be by secret written ballot and by a majority of the members present at such meeting
provided that a quorum is present. Corporate members, including the Declarant and Developer,
may elect individual candidates to said offices. Cumulative voting shall not be allowed. Each
officer elected shall serve until the next annual election or until his successor shall have been
elected and qualified.
Section 3. POWERS AND DUTIES OF THE EXECUTIVE OFFICERS.
(a) The President shall preside at all meetings of the Board; he shall see that
orders and resolutions of the Board are carried out; he shall sign all leases, mortgages, deeds
and other written instruments; and he shall co-sign all checks and promissory notes. The
President shall have all the general powers and duties incident to the office of the President of
a corporation organized under the Business Corporation laws of the State of North Carolina.
5

UUK -.PAGE
2392 0707
(b) The Vice President shall act in the place of the President in the event of his
absence, or his inability or refusal to act, and shall exercise and discharge such other duties as
may be required of him by the Board.
(c) The Secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the members; he shall keep the associate seal and affix it on all
papers requiring said seal; he shall serve notice of meetings of the Board and of the members;
he shall keep appropriate current records showing the members of the Association together with
their addresses; he shall prepare, execute, certify, and record amendments to the Declaration of
Covenants, Conditions and Restrictions on behalf of the Association; and he shall perform such
other duties as required by the Board.
(d) The Treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and disburse such funds as directed by the Board; he shall sign all
checks and promissory notes (such checks and promissory notes to be co -signed by the president)
of the Association; he shall keep proper books of account; he shall cause an annual audit of the
Association books to be made by a public accountant at the completion of each fiscal year; and
he shall prepare an annual budget and a statement of income and expenditures to be presented
to the membership at its annual meeting, and deliver a copy to each member.
Section 4. ACTION WITHOUT MEETING. The Officers shall have the right to take
any action in the absence -of a meeting which they could take at a duly held meeting by obtaining
the written consent of all of the Officer members to the action. Any action so approved shall
be filed in the corporate books and records and shall have the same effect as though taken at a
meeting of the Officers.
Section 5, REMOVAL. Any Executive Officer, may be removed with or without cause.
by a vote of at least sixty-seven percent (67%) of all members present and entitled to vote at any
meeting of the members at which a quorum is present. In the event of death, resignation or
removal of an executive officer, his successor shall be selected by the Board to serve until the
next annual meeting of the members at which election of officers shall be had when his
successor shall be elected.
ARTICLE IV
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member or a mortgagee of any member. The
Articles of Incorporation and the Declaration of Covenants, Conditions and Restrictions and
Bylaws of the Association shall be available for inspection by any member at the principal office
of the Association, where copies may be purchased at reasonable cost.
0

BOOK PAGE
2301 0708
ARTICLE V
FORMS OF PROXY AND WAIVER
Section 1. FORMS OF PROXY. The following form of proxy shall be deemed
sufficient, but any other form may be used which is sufficient in law:
WARLICK ESTATES HOMEOWNERS' ASSOCIATION
Know all men by these presents that the undersigned member of Warlick Estates
Homeowners' Association constitutes and appoints the attorney and proxy
of the undersigned to annual and special meeting of the members of Warlick Estates
Homeowners Association, at which I am not present, until the secretary of the Association
receives from me a letter revoking this proxy and for and on behalf of the undersigned to vote
as the undersigned would be entitled to vote if personally present, hereby ratifying and
confirming all that said attorney and proxy shall do in the premises, and giving and granting
unto said attorney and proxy full power of substitution and revocation.
Dated : 19
Member
Witness:
Section 2. FORM OF WAIVER OF NOTICE. The following form of waiver of notice
shall be deemed sufficient, but any other form may be used which is sufficient in law:
WARLICK ESTATES HOMEOWNERS' ASSOCIATION
We the undersigned (Board or Association Members) of Warlick Estates Homeowners'
Association do hereby severally waive notice of the time, place, and purpose of the (annual or
a special) meeting of the Board or Association members) of the said association, and consent that
same be held at on the day of , 19 —at
o'clock _. M., and we do further consent to the transaction of any and all business
of any nature that may come before the meeting.
Dated this day of , 19 _
VA

300K PAGE
?391 �70
ARTICLE VI
GENERAL PROVISIONS
Section 1. AMENDMENTS. Except as otherwise provided herein or in the Declaration
of Covenants, Conditions and Restrictions, these Bylaws may be amended or repealed and new
bylaws may be adopted by the affirmative vote of a majority of the Board then holding office
at any regular or special meeting of the Board; at a regular or special meeting of the members
at which a quorum is present, by a vote of the majority of the members.
Section 2. ASSOCIATION SEAL. A seal with the words "WARLICK ESTATES
HOMEOWNERS' ASSOCIATION, INC." on the outer circle and the date "1997" within the
circle, shall be the common corporate seal of the Association and shall be in the custody of the
secretary.
CERTIFICATION
I, the undersigned, do hereby certify: That I am the duly elected and acting Secretary
of WARLICK ESTATES HOMEOWNERS' ASSOCIATION, a North Carolina corporation; and
that the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted by
the Board of Directors thereof, held on the 72id— day of /"N a 7 1993.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
said Association this ZAP day of -t"t� Z , 19917.
Secretary

J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 26406 STORMWATER
TELEPHONE [phone]
August 21;: 1998
Ms. Linda Lewis
Environmental Engineer
N. C. Department of 'environment
and Natural Resources
Division of Water Quality
127 Cardinal Drive '&ctension
Wilmington, N. C. 28405
Dear Ms. Lewis:
E C E I V E
AUG 21 1998
PROJ ft5WUS3Z��.
I have your letter of August 14, 1998 requesting additional
information on 5tormwater Project No. SW8 970532 Modification, on
Warlick Estates.
I will respond to ,your comments in the same order that ,you used.
(1) You are correct in pointing out that the pavement and side-
walk areas are less than they were in the original submittal. The
developer challenged my measurements and -,'after checking, I found
that I had used station numbers in calculating these areas. The
zero point on Warlick Drive was at the centerline of Holly Tree
Road, and Street A had an overlap of 15 ft. These two errors
resulted in a decrease of 1,242 sq. ft. of pavement area. When.
I calculated the sidewalk area I was under the impression that'the
City would require sidewalk across the two pieces of property
that the developer did not own. This was incorrect. These were
my errors, and I will be glad to go over these calculations raith
you if you have any questions.
(2) Two copies of the revised detail sheet are enclosed.
(3) My calculations indicate a pond surface area at permanent pool
level of 8,960 sq. ft. Using the dimensions shown of the plans of
133 x 68.5 = 9t,110.5 sq. ft. less the cut off corner of 150 sq. ft.
gives a total of 8,960.5 sq. ft. On sheet 2 of the calculations
I have used the 3 to 1 slope to calculate the actual volume between
the two pool levels which is 27,352 cu. ft. and this is the value
used to calculate the orfice size.
(4) Dimensions have been placed on the permanent pool contour.
(5) The 8.25 contour has been labeled.
(6) The-.10.85 contour has been labeled.
Please let me know if any further information is required.
Yours very truly,
J. Ward Andrews, P. E.

State of North Carolina
Department of Environment
and Natural Resources
NVilnlington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
August 14, 1998
Mr. Ward Andrews
PO Box 4423
Wilmington, NC 28406
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970532 Modification
Warlick Estates Subdivision
New Hanover County
Dear Mr.Andrews:
The Wilmington Regional Office received a modification to the Stormwater Management Permit
Application for Warlick Estates Subdivision on June 17, 1998. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue the
stormwater review:
1. The original pen -nit had 56,807 square feet for streets and 13,120 square feet for sidewalks.
The new application lists 55,565 and 10,592 square feet for these items, respectively. No new
detail sheets with revised road and sidewalk details have been received. Please let me know
what has changed about the pavement and sidewalk to justify the reduced quantities.
2. The design storage elevation has been raised to 1.0.85. Please provide 2 copies of the revised
detail sheet with the storage elevation revised on the section detail.
3. As discussed many times in the past, your calculations do not offer the proposed pond surface
areas at the permanent pool and design pool, You show only those areas that are the required
minimums. It is very rare that the pond will provide the exact surface area and volume that
are required. Please indicate the surface area and volume provided in the calculations, and
check the orifice size based on the provided volume.
4. Please dimension all sides of the figure created by the permanent pool contour.
5. Please label and delineate the 8.25 permanent pool contour and the 10.85 storage pool
contour. There is a contour labelled as 8.1 on the plans. Since 8.25 is the permanent pool,
should this be relabelled?
6. Please label and delineate the 10.85 contour.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Emplover 50% recycled110% post -consumer paper

Mr.Andrews
August 14, 1998
Stormwater Project No. SW8 970532 Modification
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to September 14, 1998, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATIADDINF01970532.AUG
cc: Linda Lewis
Garland Palmer, Agent
Central Files

u1
State'of North Carolina
Departmznt of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
October 28, 1998
Mr. Steven F. Siegel, Secretary
Fogleman Development Company, inc.
4404 Pope Road
Durham, NC 27707
Subject: Permit No. SW8 970532 Modification
Warlick Estates Subdivision
High Density Subdivision Stormwater Project
New Hanover County
Dear Mr. Siegel.
The Wilmington Regional Office received the modification to the Stormwater Management Permit Application for Warlick
Estates Subdivision on June 17, 1998, with final information on August 21, 1998. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 970532 Modification, dated October 28, 1998, for the construction of the
project, Warlick Estates Subdivision.
This permit shall be effective from the date of issuance until October 28, 2008, and shall be subject to the= onditions and
limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements�this permit.
Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in
future compliance problems.
Ifany parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory
hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings. P.O. Drawer 27447. Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda -Lewis, or me at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/art: S:IWQSISTORMWATIPERMIT1970532.00T
cc: Ward Andrews, P.E,
Garland F. Palmer, Agent
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative.Action Employer 50% recycled110% post -consumer paper

State Stormwater Management Systems
Permit No. SW8 970532 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Fogleman Development Company, Inc.
Warlick Estates Subdivision
New Hanover County r
FOR THE
construction, operation and maintenance of a detention pond.in compliance with the provisions of 1 5A NCAC 2H
.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit.
This permit shall be effective from the date of issuance until October 28, 2008 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The subdivision is permitted for 26 lots, each allowed 3,500 square
feet of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
2

State Stormwater Management Systems
Permit No. SW8 970532 Modification
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Warlick Estates Subdivision
Permit Number:
970532 Modification
Location:
New Hanover County
Applicant:
Mr. Steven F. Siegel, Secretary
Mailing Address:
Fogleman Development Company, Inc.
4404 Pope Road
Durham, NC 27707
Application Date:
.tune 17, 1998
Water Body Receiving Stormwater Runoff:
Hewletts Creek
Classification of Water Body:
"SA"
If Class SA, chloride sampling results:
46 ppm
-Pond Depth, feet:
6 - " --
Permanent Pool Elevation, FMSL:
8.25
Total Impervious Surfaces, W-.
157,157
26 lots at 3,500 ft2:
91,000
Roads/Parking, fie
55,565
Other, fie
10,592
Offsite Area entering Pond, ft':
none, per Engineer
Required Surface Area, ft':
8,846
Provided Surface Area, ft2:
8,960
Required Storage Volume, ft3:
14,453
Provided Storage Volume, ft3:
27,455
Temporary Storage Elevation, FMSL:
10.85
Controlling Orifice:
2 pipe
3

State Stormwater Management Systems
Permit No. SW8 970532 Modification
11. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swaies) shown
on the approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
The.following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
C. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
4. The Director may determine that other revisions to the project should require a modification to the permit.
5. The Director may notify the permittee when the permitted site does not meet one or more of.:tlV_ minimum _
requirements of the permit. Within the time frame specified in the notice, the permittee shalf subm t a w"nilen L --
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
6. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface except roads.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the
project for compliance with the conditions of this permit.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
10. Decorative spray fountains will not be allowed in the pond.
1 l . If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
4

State Stormwater Management Systems
Permit No. SWS 970532 Modification
12. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semianrival scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
13. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
14. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the
amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the
form:
a. "The maximum built -upon area per lot is 3,500 square feet, inclusive of that portion of the right-of-
way between the lot line and the edge of pavement, structures, pavement, walkways.aficl��stane, .,
`— or slate, but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built -upon area due to CAMA regulations."
15. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book
number and page, and bear the stamp/signature of the Register of Deeds.
16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
17. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in
compliance with all permit conditions. Records of maintenance activities will be required.
18. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
5

State Stormwater Management Systems
Permit No. SW8 970532 Modification
e
III. GENERAL CONDITIONS
1. This pen -nit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division
of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
of engineered systems, will also be required. The project must be in good standing with DWQ. The approval
of this request will be considered on its merits and may or may riot be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Pennittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition..
6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during normal business hours.
Permit issued this the 28th day of October, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr,, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970532 Modification
6

State Stormwater Management Systems
Permit No. SWR 970532 Modification
Warlick Estates Subdivision
Stormwater Permit No. SW8 970532 Modification
New Hanover County
Engineer's Certification
as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
7

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APP-22--11398 09:55 FROM EHNR WILM REO OFFICE TO 291039244E_14 P.02
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This fore may be photocopied for use as an original
GENERAL INFORMATION
Applicants name (specify the name of the corporation, individual, etc, who owns the project):
Fogleman development Company Inc.
Print Owner/Signing Official's name and title (the person who is legally responsible for the facility an3
its compliance):
Garland F. Palmer, Jr. Agent
3. Mailing Address for person listed in item 2 above:
108 North Kerr Avenue, Suite F-2
ChY ----- W111i1ogtnn _ - _ Mate: N. C. Zip:
TelephomNTumber: ( 910 -- 452-1132
4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Warlick i;statet;- Subdivision
5. Location of Facility (street address):
Off Holly Tree Road in Citv of Wilmington
_ Wilmineton - - courdy� New Hanover
6. Directions to facility (from nearest major intersection):
Annrox. 0.6 miles east of intersection of Holler tree Rowl iaith M-132
7. Latitude N 34 - 11 - 4;6„ Longitude W 77 - 52 - 44 _ of facility
8. Contact person who can answer questions about the facility:
N� Garland F. Palmer, Jr._ --- TelephomNumber. 0 4 2-11 2
II. PERMIT INFORMATION:
1. Specify whether project is (check one): New ,Renewal �Vtodification
2. If this application is being submitbed as the result of a renewal or modification to an existing permit, list
*eexistirg pemritnurnber SWB 970532 and its issue date (if known) August 13. 1997
Form SWU-101 Januas- 1998 rage 1 of 4

;��.
C

---------------------------------------------------------------------- -- ----------------------
APR--22=1S98 09:55 FROM EHNR FILM REG OFFICE TO 9910392-4404 F.03
3. Specify the type of project (check one):
Low Density x High Density Redevelop
4. Additional Project Requirements (check applicable blanks):
CAMA Major x Sedimentation/Erosion Control
III. PROJECT INFOIL MATION
General Permit Other
404 Permit
1. In the space provided below, sununarize how storrnwater will be treated. Also attach a detailed narrative
(one to two pages) describing stornwater management for the project .
Stormwater is collected in catch basins and pined to a nond.
Pond is 6 ft. deep below permanent pool level and has 2.6 ft.
Between maximum pool level and permanent pool level.
-2. Stormwater runoff from this project drains to the Hewletts Creek Raver basin.
3. Total project Area:__.14.69 .—acres
5. How marry drainage basins does the project have? one
4. Project Bunt Upon Area: 2 5 - °io
6. Complete the following information for each drainage basin. If there are more titan two drainage basins in
the project, attach an additional sheet with the information for each basin provided in the same format as
below.
Receiving Stream Name
lewletts Creek
ReceivinZ Stream Class
SA
Drainage Basin Area
0,000 s . ft.
Existing Impervious* Area
0 sq. ft.
Proposed Iry ervious'Area
157,157 sa . ft.
% Impervious* Area (total)
25%
On -site Buildinp
91,000 22. ft.-
On-site Streets
55,565 so. ft.
On -site Parking
0 SCL. ft.
On -site Sidewalks
10,592 sa. ft.
Other on -site
0 s . ft.
Off -site
0 . sa. ft.
Total.
E= 157,157 so. ft.
' lmpervious area is deftned as the built upon Area including, but not limited to, buildings, roads, parking
areas, sidewalks, gravel areas, etc.
7. How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENA?N'TS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded.
Form SWU-]Ot 3anuary 1998 page 2 of

---�------,------ ---------- - - - - -- - -----------------------------------------------------------
P.
----
APR-22-1998 09:56 FROM EHNR WILM REG OFFICE TO e9103924404
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
VI. AGENT AUTHORIZATION
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agmt('aidividuaIor irsn} J. Waf•d. Andrews, Consulting Engineer
MaltingAddrss-, P. 0. Box 4423
Wilmington State: N. C. Zip, 1140
910 _ 392-4404 Fax: [ 910 _ } 392-4 0
V I1. SUBMITTAL REQUIREMENTS
This application package will not be accepted by the Division of Water Quality unless all of the applicable
items are included with the submittal.
Please indicate that you have provided the following required information by signing your irdtials in the
space provided next to each item.
Applicant's Initials
+ Original and one copy of the Stormwater Management Permit Application Form
+ One copy of the applicable Supplement Form(s) for each BMP (see Attachment A)
Permit application processing fee (see Attachment A)
• Two copies of plans and specifications including:
+ Detailed narrative description of stormwater treatment/management
Two copies of plans and specifications, including: u
- Development/Project nameIV
- Engineer and firm
Legend
North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary _
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage basins delineated
- Vegetated buffers (where required)
V. APPLICANTS CERTIFICATION
I, !print or type naw of person Iisted in General lnfim=tion, item 21
certify that the information included on this permit application form is correct, that the project will be
constructed in conformance with the approved plans, that the deed restrictions in accordance with Attachment
A of this form will be recorded with all required permit conditions, and that to the best of my knowledge the
proposed project m lies wi th ements ISA NCAC 2H .i0D4.
Datz 9-
Tst�e^ _ Garxand F. Palmer, Jr. , -nt
Form SWU-101 January 1998 page 3 of 4

[7 w _ _ _ _ _ _ _ _ _ _ _
:RPR-22-1998 89:57 FROM EHNR FILM REG OFFICE TO 69103924404 P.05
ATTACHMENT A
1, Deed Restriction Language
The following statements must be recorded for all low density projects and for all projects that involve the
subdivision and selling of lots or outparcels:
1. No more than ld%0 care feet of any lot, including that portion of the right- Fway between the
edge of pavement and the front lot Iine, shall be covered by impervious structures including
asphalt, gravel, concrete, brick, stone, state or similar material but not including snood decking or
the surface of swimming pools. This eomant is intended to insure continued compliance with the
stormwater permit issued by the State of'North Carolina. The covenant may not be changed or
deleted without the consent of the State.
2. No one may fill in, pipe, or alter any roadside swale Except as necessary to provide a minimum
driveway crossing.
NOTE: If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot
number, size and the allowable built -upon area for each lot.
For commercial projects that have outparcels or future development the following statements must also be
recorded:
3. The connection from the outparcel or future area into the stormwater system must be made into the
forebay such that short-circuiting of the system does not occur.
4. All built -upon area from the outparcel or future development must be directed into the permitted
storMwater control system.
5. Built -upon area in excess of the permitted amount will require a permit modification prior to
construction.
For curb outlet systems, the following statement in addition to items 1 and 2 above must be recorded:
6. No one may pipe, fill in or alter any designated 100 foot long grassed swale used to meet the
requirements of NCAC 2H .1008(g).
2. Supplement Forms
The applicable supplement form(s) listed below must be submitted for each BMP specified for this project:
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-103
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Nutrient Management Strategy Supplement
3. Permit Application Fees (check made payable to NCDENR and submitted to the appropriate Regional
Office)
Type of Permit
Low Density
High Density
Other
Director's Certification
General Permit
New, Modification, or
Late Renewal
$225
$385
$225
$350
$50
Timely Renewal Without
Modification
n/a
$225
n/a
n/a
n/a
Form SWU-101 January 1998 Page 4 of 4

y 2
,NCDEHNR WIRO-------
Fax:9i03502004 Ma 20 93 15�41 P.O� ------
Permit No.
(to be provided by D%IQ)
.:State of North- Carolina
Department of Environment and Natural. Resources
Division of: Water QuA.1ity
STORMWATER MANAGEMENT`PERM1,T APPLICATION FORM
WET DETENTION. -BASIN SUPPLEMENT
This form may be 'photoeopte 41
or use as an original
ZWD w w•
'A complete stormwater management plah S'Ubri ittai. includes: a wet, detention basin supplement. for each basin,
desigmcalculations, plans ihd'specifications silowing•all basin wet,
structure details, and a fully.'executed
operation and maintenance agreement.
1. PROJECT'i.NFORMAnON (please complete the: following information):
Project Name : Warlick Estates Subdivision..
Contact Person: _ Garland F. PaTmer.`�?r_ -Phone Number. [phone]
For projects with multiple basins, specify.4hich basiit'thi� worksheet applies to: NIA _
Basin Bottom Elevation
2.2 'ft. %
1-°(average elevation of the floor of the basin)
Permanent Pool Elevation
8 o 25
ft..
(elevation of the orifice)
Temporary Pool Elevation
10,85
ft.
(elevationthe discharge structure overflow)
Permanent Pool Strrfacs'Area
8, 960
sq.- ft.:.:
{water surface area at the orifice elevation)
Drainage Area
14.69
ac.'
(on -site and off -site drainage to the basin)
Impervious Area.
3.61
ac:
(on4ite and off -site drainage to the. basin)
Permanent Pool Volume
, 31,528
cu. ft..:
(cprabined volume of main basin and forebay)
Temporary Pool Volume
27, 352
cu ft..
' (valume. detained above the permanent pool)
Forebay Volume'
4,176
cu. ft
SAIDAt used
.014
jsurface area to drainage area ratio)
Diameter of Orifice
2
Design TSS Removal
90
�aa'
(85%.TSS removal required, see item k below)
II. REQUIRED ITEMS CHE.C-KLIS.T
The foUo g'.checkli'st outlines design re quirerinerits.per'the Stormrvater Best Management. Practices manual
(N.C. Departmcnt of Environment, Health and'Natural-.Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
initial in the'space.provided t6:indicate the following .;design_ tequirements have,been met and -supporting
documentation is. attached. -If the applicant�has:designate'd-an agent'in ilia Stormwatcr Management Permit
Application Form, the agent may initial'below:':'jvi-re0irement has not been met,. attach: justification,
Form S,WU-102 January -1998. Page l of 2

-----• -----------------------
�1CF EFisJk I IP,O Fax : [phone] Mau 20 ' 98 15 : 4} - - - P. 03 - - - - _ _ .
s,
a: The temporary pool controls runoff from the 1 inch storm event.
b. The basin length to width ratio is' greater than 3:1.
c. The basin side slopes above the permanent pool. are no steeper than 3:1.
d. A submerged and vegetated.perimeter shelf at less than 6:1 is provided (show detail).
e. Vegetation above the permanent pool.elevation is specified. All^in r
f. An emergency drain is'provided roL empty the basin.
g. The permanent pool depth is between 3 and'6feet (required minimum of 3 feet).
h. The temporary pool draws doWn'.in 2 to 5 days.
i. A trash rack is provided for-both1 the- 4yerfiow and. orifice.
j. The €orebay volume is approximately:equal to 20% of the total basin volume.
k. Sediment storage is provided in' the permanent pool.
1. A 30-foot vegetative Ater is -provided at the outlet2 (include erosive flow calculations)
m. Recorded drainage easement for each basin. including access to nearest right-of-way.
n. A site. specific'opeiation and maintenance (0&M) plan is. provided.
o. A vegetation managernerit/mowing; schedtile is provided in the O&M plan.
p. Semi-annual inspections are specified ' the Q8uM plan.
g: A debris check to be perfattried after every storm event is specified in the O&M plan.
r. Speck clean -out benchmarks are specified in the O&M plan (elevation or depth).
s. A legally responsible p$riyis designated in the O&M plans (include name and title).
If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin.
Fog otcs:
When usiag the. Division SAlDA tables, the correct SAIL)A Tario 16r permanent pool. sizing should be computed based upon the
actual iutpesvit us 56 and ptsmaaeat pool depth.' Linear intapolatioa shoUl,d be employed to determine the correct value for non-
standardlable entries.
2 'Ibe requirement for a vegetadve fitter may be waived if tha Vet detention basin is designed to meet 90% TS5 r=oval..
3 The legally responsible party should not be a homeowners assoc on Unless'more than 50% of the lots have been sold and a
resident of the Subdivision bas been named the president: , . ,
Form SWU-102' Janum 1998
Pa Iof 2 .:;.

POND M.4Ly"TE�r 4I�ICE REQUUZEL�N'TS
Project Name: Warlick estates Subdivision.
Peraittee: Fogleman Development Cozmany, Lnc.
Address: - 108 North Kerr Avenue, Suite M-2 PhoneNo. 914-4'2-1132
I. Monthly, or after every runoff producing rainfall event, whichever comes first:
A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning_
B. Inspect and clear the orifice of any obstructions. If a pump is used as the dra.wdown
mechanism, pump operation will be checked. A log of test runs of the pump will be kept
on site and made available to DWQ personnel upon request.
C. Inspect the pond side slopes and. grassed inlet swales; remove trash, and repair eroded areas
before the next rainfall event.
D. If the pond is operated with a vegetated filter, the filter will be checked for sediment
accumulation, trash accumulation, erosion and proper operation of the flow spreader
mechanism. Repairs/cleaning will be done as necessary.
II_ Quarterly (Four times a year):
A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper
functioning. Accumulated trash will be clearr..d from basin grates, basin bottoms, and piping
will be. checked for obstructions and cleared as required.
B. Pond inlet pipes will be checked for undercutdncr. Riprap or other energy dissipation
structures will be replaced,.and broken pipes will be repaired.
III_ Semi-annually (twice a year):
A. Accumulated sediment from the bottom of the outlet structure will be removed.
B. The forebay depth will be checked at various points. Sediment removal is required when the
depth is reduced to 75 % of the original forebay design depth of 3 - -' .
C. Grassed swaIes, including the vegetated filter if applicable, will be reseeded twice a year as
necessary.

POND MAINTENANCE REQUIREVMNTS
PAGE 2
IV. -Annually (Once a year):
A. The pond depth will be checked at various points. Sediment removal is required when the
depth is reduced to 75% of the original design depth or Y, whichever is greater. Design
depth is 6 measured vertically from the orifice down to the pond's bottom.
Sediment must be removed to at least the original design depth.
V. General:
A. Mowing of the side slopes will be accomplished according to the season. Maximum grass
height will be 6".
B. Cattails are encouraged along the pond perimeter, however they will be removed when they
cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of
the growing season, in November. Environmentally sensitive chemicals for use in killing
cattails can also be used. Contact your nearest Agricultural Extension Agent.
C. The office/pump is designed to draw down the pond in 2-5 days. If drawdown is not
accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow
drawdown may be attributed to a clogged system. The source of the clogging will be found
and eliminated.
D. All components of the detention pond system will be kept in good working order. Repair
or replacement components will meet the original design specifications as per the approved
stormwater plan. If previously approved components are determined to be ineffective, the
component must be redesigned and/or replaced.
VI. Special Requirements:
I, Garland F. Palmer. Jr. , hereby acknowledge that I am the financially
{please print or rype name clearly)
msponuible party for maintenance of this detention pond. I will be responsible for the performance of the
maintenance as outlined above, as part of the Soormwater Management Permit received for this project.
Signature: Date:_ G Z- A
Revised 2f25/9 i Garland F. Palrier, , Jr . , nt

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J. WARD ANDREWS
Consulting Engineer
POST OFFICE BOX 4423
WILMINGTON, NORTH CAROLINA 28406
TELEPHONE [phone]
June 27, 1997
Ms. Linda Lewis
Environmental &ngineer
N. C. Department of Environment,
Health, and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, N. C. 28405-3845
Dear Ms. Lewis:
� iORMWATER
E C E I V E
JUN 3 01997
D
PROJ # L S 2
I have ,your letter of June 9, 1997 requesting additional information
on Stormwater Project No. M 970532 for Warlick Estates.
I will respond to the items in ,your letter by numbers
(1) I am enclosing a letter from Fogleman Associates, Inc. authorizing
Garland F. Palmer to act for them on this project.
(2) The gap in the subdivided land between lots 6 and 7 does not
belong to this developer. All attempts to buy it have failed. It belongs to
adjacent (3 roperty owners in another subdivision and they will not sell.
A copy of the Corps permit letter is enclosed authorizing the
fill of wetlands for the pond.
(4) The wetlands line has been labeled on the plans.
(5) The acces easement is shown on the plans extending from lot 9
northwardly for 122 ft. the full depth of the lots.
(6) I have shown the pond and forebay in contour with dimensions.
(7) I have enclosed an explanation of drainage calculations sheet
giving information regarding lot drainage to the pond.
(8) Pond dimensions are 103 ft. x 72 ft = 7,416 sq. ft. Ihave
changed the elevation of permanent pool level to 9.25 ft. and maximum pool
level to 11.75 ft. I have also calculated the actual volume of storage to
be 21,960 cu. ft.
Please let me know if any further information is required.
Yours very truly,
�CG
J. Ward Andrews, P. E.

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CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392-6833 (Phone/FAX)
June 16, 1997
Project: Warlick Estates; NWP-26 (Less than 1/3-Acre)
K _ ?al-me-r; tlew Hanover County, N.C.
Mr. Mike Taylor
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Dear Mr. Taylor:
Enclosed is a plan showing the proposed disturbance of 0.05-acre of
wetlands located above the headwaters of Hewlett's Creek and 0.24-acre
of isolated wetlands within the Warlick Estates project located north of
Holly Tree Extension near its intersection with Pine Grove Drive in New
Hanover County. This work is proposed to proceed under the authority or
NWP-25. Please furnish a "tear -sheet" approval at your earliest
convenience.
Thank you for your assistance.
Encl:
S' AieHollis
Cha
AQ6
SroRMWArE�
E C E I V E
JN U 3 01991
PROJ # IM053Z

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0_ 29-Ac Wetlands
To Be Disturbed
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STORMWATER
E C E I V E
,SUN 3 01997
P R 0 J # i o532
NATIONWIDE PERMIT NO- 2'
(Less than 1/3-Acr4e)
WARL.ICK ESTATES
Mr. Sonny Pa Lme i-
108 North Kerr Avenue; Sui-1
Wilmington, NC 28405

4 �
JUL-28-97 11:46 AM GARLAND PALMER $104521132 P.01
r ,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. _ ]�7& I Count
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property iiwner Wa�lieK 444
Address _108_. Nord' K e � —
.
Telephone No._6 31Z. 683' .
Size an location of project (water body, road name/number, town, etc.)
AcYt 04 wei (o+ �,o a-4ta� V1 K0 T+'t '1 �1 r ti
c o sc opt ea
nS,ec['o� wit pl vie rduc - �rivC 1►, r1�,�,1! csvEQvY Caw��,� t"'s
Description of Activity tl IS _4. Zq +N�cio (5 +o Co k4c _ d pwtG- 61 —
V�ayi;rA C S��
Applicable Law: )X Section 404 (Clean Watcr Act, 33 U.S.C. 1344),
(check all that apply) Section 10 (River and Harbor Act of 1899),
Authorization: Regional General Permit Number.
_NW zlo_ __ Nationwide Permit Number. ,
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your Submitted plans. if your activity is subject to Section
404 (it' Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality Certification from the N.C. Division of Environmental Management, telephone [phone]. For anv
a;tivity within the twenty coastal counties, before beginning work you must contact the N.C, Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or du NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWPveriFiicatiort does not relieve the permittee of the responsibility to obtain
any other required Fcdcrai, State, or local approvals/permits. The permittee may need to contact appropriate Suite
and local agencies before beginning work.
if there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date _7Z741���
Corps Rqulatot y Official V tl " r 7 �o� Tslcp4+v• rta. _ n C[-Wr
Expiration mate of Verification q ,"IS PROJLiCf PLAINS, RTC'' {vIUST
..., r%7 Arc rtt:I .t7 5KE1'CH, WETLAND p IT'rurAc FffjR'FVIO F RR()UIRrL) OR AVAILABLE.

Corporation Information
http://corp.seestate,state. nc.us/cgi-bin/1 i stbycorp. pl
C]EPARTMENT ;oF`THE SECRETAI�Y'F STATE
A =_
b R P,0 RAT10 N's
Data Current as of 02/01/00
Information for FOGLEMAN ASSOCIATES, INC.
Corporation Id: 0183026 Date of Corporation: Feb 18 1986
Corporation Status: ACTIVE
Duration: PERPETUAL Category: Business Corporation
State of Incorporation: NC
Country of Incorporation: UNITED STATES
Registered Agent Information
Registered Agent Name: F M FOGLEMAN
Address: 2600-C CARVER ST
City: DURHAM State: NC Zip: 27705
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circumstances be liable for any actions taken or omissions made from reliance on any information contained herein
from whatever source or any other consequences from any such reliance.
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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 22, 2002
Mr. Garland Palmer, Jr., Authorized Agent
Fogleman Associates, Inc.
109 Hinton Avenue No. 7
Wilmington, NC 28403
Dear Mr. Palmer:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970532
Warlick Estates
New Hanover County
The Wilmington Regional Office received a modified Stormwater Management Permit
Application for Warlick Estates on August 14, 2002, and requested additional information on
September 27, 2002. That request was for recorded deed restrictions and a signature authority
letter from the corporation. The deed restrictions you submitted on May 14, 2002, were found in
a separate file. I apologize for having to request an additional copy.
In researching the corporation, I discovered that Fogleman Development Co., Inc., is not
listed with the Secretary of State. Furthermore, Steven Siegel, who signed the agent authorization
letter for the permit issued on October 28, 1998, as Secretary of Fogleman Associates, Inc., was
not listed as secretary on any papers filed with the Secretary of State since Fogleman Associates
was incorporated on February 18, 1986.
Since Fogleman Development Co., Inc., does not exist, the application will need to be
revised to show a legal NC registered corporation as the applicant, and the required agent
authorization letter will need to come from the president or vice president of the corporation. The
signature of a secretary or treasurer is not acceptable.
Please note that this request for additional information is in response to a second review.
The requested information should be received by this Office prior to November 22, 2002, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
A;A
NCDEN'R
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Palmer
October 22, 2002
Stormwater Project No. SW8 970532
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120021970532.00T
cc: Linda Lewis
Charles Cazier

MAY 0 6 2002 {
FOGLEMAN DEVELOPMENTS COMPANY, INC.
109 Hinton Ave. Unit 7 --_ ____________ _
Wilmington, N.C. 28403 -`
May 1, 2002
To: Mr. Rick Shiver
Division of Water Quality
127 Cardinal Dr.
Wilmington, N.C. 28405
Ref: WARLICK ESTATES
Storm Water Permit No; SW8 970532 MOd
New Hanover County
Dear Mr. Shiver,
With reference to your letter of April 24, 2002, please note
the following:
After receiving your letter of August loth 2000
I met with Linda Lewis and a representive of your
office at Warlick Estates and as per your letter
corrected items Nos. 2,4,&5. As for item nos. 1.
I told your office by phone that I would have
item Nos. 3 taken care as soon as possible and as
a result did not file a plan of Action as that was
the only issue.
As it turned out Mr. Ward Andrews, my Engineer,
retired and due to illness in his family could No+
certify the plans and pond that he designed.I have
since hired TRIPP Engineering to re survey and to
certify the pond. This has taken a veryLong time
and should be completed in a couple of weeks.
Also, please note that all mail tb,OFOGLEMAN DEVELOPMENTS
should be addressed to 109 HINTON Ave. # 7,
Wilmington, N.C. 28403
Thank you for working with me on this project and I appreciate
your considerations as we finnaly complete this project.
Yours t"y,
G.F. Palmer Jr. Z-2-3�/
Agent for Fogleman Developments, Inc.
,YS,2-//3 Z- -
cc; Linda Lewis

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Mr. Steven F. Siegel, Secretary
Fogleman Development Co., Inc.
109 Hinton Avenue. #7
Wilminaton, NC 28403
Dear Mr. Siegel:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
May 8, 2002
Subject: Warlick Estates
Stormwater Project No. SW8 970532
New Hanover County
The Division of Water Quality received a letter from your agent, G.F. Palmer, concerning the April 24, 2002,
Recommendation for Enforcement for the continuing permit violations at Warlick Estates. In the letter, Mr. Palmer
states that Corrective Action item numbers 2, 4 and 5 were corrected; however, item number 5, a copy of the
recorded deed restrictions, is still outstanding. We have no record of receiving a copy of the recorded deed
restrictions.
Mr. Andrews has been retired for at least a full year, and I am unable to determine why it is taking so long
for Tripp Engineering to complete an as -built survey of the pond. As the permit holder, you are responsible for
compliance with the terms and conditions of the permit. I understand that retirement and illness are unforeseen
events, but as soon as you found out Mr. Andrews could not do the certification, you should have made
arrangements with someone else and followed through until it was completed.
Please submit a copy of the recorded deed restrictions which contain all of the required statements as found
in Section 11, Part 14 of your permit, and the required Designer's Certification, by June 8, 2002. If you have any
questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:1WQSISTORMWATILETTERS1970532.MAY
cc: Phil Tripp, P.E.
Linda Lewis
Z*A
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section Secretary
Tune 9, 1997
Mr. Ward Andrews, P.E.
PO Box 4423
Wilmington, NC 28406
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970532
Warlick Estates
New Hanover County
Dear Mr. Andrews:
The Wilmington Regional Office received a Stormwater Management Permit Application for Warlick
Estates on May 20, 1997. A preliminary review of that information has determined that the application is
not complete. The following information is needed to continue the stormwater review:
1. Mr. Palliser signed the application as agent for the owner. Please provide a signed letter of
authorization from the owner to include the owner's name, address, and phone number if
different from the 108 N. Kerr Avenue address.
j� ri Is the gap of unsubdivided land between lots 6 & 7 to remain in the possession of the owner,
or is it to be sold, or developed into lots at a later date?
✓3. Provide a copy of the Corps permit letter authorizing the fill of wetland for this pond.
4. Please label the line that indicates the extent of the wetlands.
5. Locate the pond in a recorded access/drainage easement.
6. Please show the pond and forebay in contour, and provide the dimensions of the permanent
pool. Label the permanent pool, design pool and bottom contours. I am unable to verify the
areas at this time.
127 CardinHI Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Andrews
June 9, 1997
Stormwater Project No. SW8 970532
----------------------------------------------
7. Please show the proposed lot grading, ie., how much of each lot will drain to the pond? This
will affect the drainage area and the percent impervious of the drainage area to the pond.
8. You indicate that the surface area required by the SA/DA ratio calculation, 7,168, has exactly
been provided at elevation 9.75. Again, it is highly unlikely that the surface area provided
at the permanent pool exactly matches what is calculated as being required. Please recheck.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to July 9, 1997, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:1WQSISTORIIIWATIADDINF01970532.JUN
cc: Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 • Telephone. [phone] a Fax [phone]
An Equal Opportunity Affirmative AGion Employer

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ESTABLISHED 1903
1711 CASTLE STREET 1-1,1F C --E, i VED [phone]
P.O. BOX 629 [phone]
Wl[-MINGTON, N.C. 28402 MAY 2 0 1997 FAX [phone]
BY:!50-8g70532
REPORT OF ANALYSES
SONNY PALMER PROJECT NAME: SALINITY ANALYSIS
108 N. KERR AVE. DATE: 05/08/97
SUITE F-2
WILMINGTON, NC 28405-
(Page 1 of 1)
SAMPLE
LAB No. DATE TIME SAMPLER
35176 04/29/97 1218 M. SAMMONS
CHLORIDE
DELIVERY TO LAB
DATE TIME MATRIX
04/29/97 1300 WA
CLIENT STATION ID: CROOKED CREEK G
AZEBO
LAB #) : 3 517 6
mg/L
LABORATORY DIRECTOR
46