SW8990851_Historical File_20020606

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E., Director
Division o? Water Quality
Wilmington Regional office
June 6, 2002
Mr. Edwin L. Burnett, Managing Member
Pointe Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
Subject: Permit No. SW8 990851 Modification
Village Green Townhouses and Westport Subdivision
Low Density Subdivision Stormwater Permit
Dear Mr. Burnett: Brunswick County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Village
Green Townhouses and Westport Subdivision on May 28, 2002. 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 990851 Modification, dated June 6, 2002, for the construction of
the project Village Green Townhouses and Westport Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that may be required.
If anyparts, 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 either Noelle
Lutheran or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:nml S:1WQSISTORMWATIPERNgn990851.MAY
cc: Phil Norris, P.E.
Building Inspections, Brunswick County Inspections
Mr. David Thomas, NCDOT District Engineer, Division 3, District 3
Noelle Lutheran
Division of Coastal Management
Wilmington Regional Office
Central Files
N.C. Division of Water Quality 127 Cardinal Drive Extension
Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

State Stormwater Management Systems
Permit No.SW8 990851 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and
other applicable Taws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Pointe Associates, LLC
Village Green Townhouses and Westport Subdivision
Brunswick County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A
NCAC; 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit for Village Green Townhouses and Westport Subdivision.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
condli.ions and limitations:
I. DESIGN STANDARDS
1. Each of the 62 townhouse units is limited to a maximum of 3,500 square feet of built -upon area, and each
of the 145 lots are limited to a specific amount of built -upon area as listed on the attached Impervious
Coverage Table as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon
area for those lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the
requirements of Section .1005 of the stormwater rules.
Approved plans and specifications for projects covered by this permit are incorporated by refcrcr,,ce and are
enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.
The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division.
6. All roof drains must terminw..e at least 30' from the mean high water mark.

State Stormwater Management Systems
Permit No.SWS 990851 Modification
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational
for their intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other
vegetated conveyances will be repaired immediately.
The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number 990851 Modification, as issued by the Division of Water Quality under
NCAC 211.1000.
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.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. The maximum built -upon area per townhouse unit is 3,500 square feet. The maximum built -upon
area per lot is listed in the Impervious Coverage Table. 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, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
3

State Stormwater Management Systems
Permit No.SW8 990851 Modification
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon
area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
7. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
9. 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.
10. If an Architectural Review Committee (ARC) will review plans for compliance with the BUA limit, the
plans reviewed must include all proposed BUA, including roofed porches, outbuildings, sidewalks and
driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain
compliance with the permitted BUA limit. If the plans indicate that the allowable BUA will be exceeded,
it is the ARC's responsibility to deny the plans.
11. Within 30 days of completion of the project, the permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial intent of the
approved plans and specifications. Any deviation from the approved plans must be noted on the
Certification.
12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made.
13. The permittee shall have submitted a revised application, plans, calculations and specifications and recived
approval for any revision to the plans prior to construction. Modifications include, but are not limited to, the
following items:
a. Any revision to any of the items shown on the approved plans, including the stormwater
management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
14. The Director may determine that.other revisions to the project should require a modification to the permit.
15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded
common areas or recorded drainage easements. The final plats for the project will be recorded showing all
such required easements, in accordance with the approved plans.
0

State Stormwater Management Systems
Permit No. SW8 990851 Modification
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. 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.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina
General Statute 143-215.1 et. al.
The permit is not transferable to any person or entity except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted to the
Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits, and may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as the Division
approves the permit transfer request. Transfers to third parties by the permittee where the required
documentation has not been submitted to the Division does not relieve the permittee of responsibility for
transferring the permit.
7. 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. If any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes
of inspecting the stormwater management system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes
within 30 days.
Permit issued this the 6th day of June, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
--- ------------------�:-=-�.1�1_� A /� O -----------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990851 Modification

ALLOWABLE IMPERVIOUS SURFACE TABLE
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVISION
A&K PROJECT NO. 02022
Lot #
*AIS/SF
Lot #
_
1 2 2
46
2,636
47
3
2,400
48
4
2,636
49
5
2,636
50
6
2,636
51
7
2,400
52
8
2,636
53
9
2,636
10
2,400
55
11
2,400
56
12
2,400
57
13
2,636
58
14
2,636
59
15
2,636
60
16
2,636
61
17
2,636
62
18
2,400
63
19
2,636
64
20
2,636
65
21
2,636
66
22
2,636
67
23
2,636
68
24
2,636
69
25
2,636
70
26
2,636
71
27
2,636
72
28
2,636
73
29
2,400
74
30
2,400
75
31
2,636
76
32
2,636
77
33
2,636
78
34
2,636-- ' '
79 `
35
2,636
80
36
2,636
81
37
2,636
82
38
2,636
83
39
2,636
84
40
2,636
85
41
2,400
86
42
2,400
87
43
2,636
88
44
2,636
89
45
2,636
90
`AIS/SF
2,636
2,636
2,636
2,636
2,636
2,636
2,636
.. 2,636
:2636 ...,
2,636
2,636
2,636
2,400
2,400
2,400
2,400
2,400
2,400
2,400
2,636
2,636
2,636
2,636
2,636
2,636
2,400
2636
2,636
2,636
2,636
2,636
2,636
2,636
2636-
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
Lot#
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
1414
115
116
117
118
119
120
121
123
124
125
126
127
128
129
130
131
132
133
134
135
136
*AIS/SF = Allowable Impervious Surface (SF)
Allowable Impervious Surface Table.doc
*AIS/SF Lot# *AIS/SF
2,636
137
2,400
2,636
138
2,400
2,636
139
2,636
2,400
140
2,636
2,400
141
2,636
2,400
142
2,400
2,400
143
--2,636
2 400
144
2,40Q
--Z0
2,636
2,400
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
,2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,400
RECEIVER
MAR 2 2 2002
DWG Q
PRQJ � �•t1 ��1'�U 8Si ,�Od

A&K #02022
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Pointe Associates, L.L.C.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Edwin L. Burnett, Managing Member
3. Mailing Address for person listed in item 2 above:
3950 Old Bridge Road
City: Southport State: NC Zip:
Telephone Number: [phone]
1
4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Village Green Townhouses and Westport Subdivision
5. Location of Project (street address):
3950 Old Bridge Road
City: Southport
6. Directions to project (from nearest major intersection):
Located at intersection of Old Bridge Road and NC 133.
7. Latitude: 780 04' 01"
Longitude: 330 55' 34"
ck
of project
8. Contact person who can answer questions about the project:
Name: Phil Norris Telephone Number: [phone]
II. PERMIT INFORMATION
1. Specify whether project is (check one)
lZ=
Form SWU-101 Version 3.99 Page 1 of 4
Renewal X Modification

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number SW8-990851 And its issue date (if known) October 9, 2000
Modification
3. Specify the type of project (check one):
X Low Density Nigh Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
I In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Runoff will be collected in grassed road swales and conveyed off -site in swales.
Density for total project will be less than 25%.
2. Stormwater runoff from this project drains to the
3. Total Project Area: 69.5
5. How many drainage areas does the project have?
Cape Fear River Bashi.
4. Project Built Upon Area: 25
A
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Tkisin information
nage Area, 1
Drainage Area.)
Receiving Stream Name
UT Intracoastal Waterway
Receiving Stream Class
SA
Drainage Area
69.5 AC
Existing Impervious * Area
0
Proposed Impervious* Area
756,855 SF
% Impervious* Area (total)
25
Impervious* Smrface Area
Drainage Area 1
Drainage Area
On -site Buildings
529,911 SF
On -site Streets
197,944 SF
On -site Parking
0
On -site Sidewalks
0
Other on -site
29,000 SF future
Off -site
0
Total: 756,855
Total:
Form SWU-101 Version 3.99 Page 2 of 4

How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number 5(.U$ CN0 851 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than *** square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include
wood decking or the water surface of swimming pools.
Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
Built -upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be rccorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SW-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SW-109
Innovative Best Management Practice Supplement
***See attached Table of BUA
Form SWU-101 Version 3.99 Page 3 of 4

r
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Inni�tials
• Original and one copy of the Stormwater Management Permit Application Form C '?
• One copy of the applicable supplement form(s) for each BMP 4q.A
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment / management Q .n
• Two copies of plans and specifications, including: s
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
-- Revision number & date
- Mean high water line
- Dimensioned property / project boundary
- Location map with named streets or NCSR numbers
--- Original contours, proposed contours, spot elevations, finished floor elevations
- Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firn so that they may provide information un your
behalf, please complete this section.
J. Phillip Norris, P.E.
Designated agent (individual or firm): Andrew & Kuske Consulting Engineers, Inc.
Mailing Address: 902 Market Street
City: Wilmington State: NC
Phone: [phone]
VIII. APP ULCANT'S CERTIFICATION
Fax: [phone]
Zip: 28401
I, (print or type name ofperson listed in General Information, item 2) Edwin L. Burnett
Certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC
2H.1000.
Signature: Date: 3 4 r /02—
Form SWU-101 Version 3.99 Page 4 of 4

State of North Carolina
A&K #02022
Permit No. '?9 0�5/.rca�
(to be provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
I. PROJECT INFORMATION
Project Name: Village Green Townhouses and Westport Subdivision
Contact Person: J. Phillip Norris Phone Number: [phone]
Number of Lots: 145
Allowable Built Upon Area Per Lot*: see table
* If lot sizes are not uniform, attach a table indicating the number of lots, lit sizes and allowable built
upon area for each lot. The attachment must include the project name, phase, page numbers and provide
area subtotals and totals.
H. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the dccd
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
® DF Density Factor —the appropriate percent built upon area divided by 100.
• RA Road Area — the total impervious surface occupied by roadways.
• OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots — the total number of lots in the subdivision.
• BUA/Lot — the computed allowable built upon area for each lot including driveways and impervious surfaces
located between the front lot line and the edge of pavement.
Form SWU-104 Version 3.99 Page 1 of 2

(SA xDF)—RA—OA=BUA
No. Lots Lot
Calculation:
U. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below.
Applicants Initials
4, .0
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River Basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
tih c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[I 5A NCAC 2H .1007 (2)(b)]
Form SWU-104 Version 3.99 Page 2 of 2

John R. Andrew, P.E. John S. Tunstall; P.E.
Andrew & Kuske J.A. Kuske, P.E. Neal W. Andrew, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A, Kuske, III, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • www.andrewandkuske.com
IMPERVIOUS AREA CALCULATIONS
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVISION
A&K PROJECT NO. 02022
TOTAL SITE AREA = 69.5 AC
TOTAL ALLOWABLE IMPERVIOUS = 25%
17.375 AC or 756,855 SF
BREAKDOWN OF IMPERVIOUS AREAS:
Street
197,944 SF
Park Area
1,000 SF
(future)
Amenities Area
10,000 SF
(future)
Tract 4
18,000 SF
(future)
Townhouses:
155,000 SF
(62 x 2,500 SF/Unit)
Lots:
(See Attached Table)
374,911 SF
TOTAL IMPERVIOUS
756,855 SF
JPN/jmc
Impervious Calca 03-20-02

ALLOWABLE IMPERVIOUS SURFACE TABLE
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVISION
A&K PROJECT NO. 02022
Lot #
*AIS/SF
Lot #
"AIS/SF
Lot#
_
1 Z�- #6fT
46
2,636
91
2,636
47
2,636
92
3
2,400
48
2,636
93
4
2,636
49
2,636
94
5
2,636
50
2,636
95
6
2,636
51
2,636
96
7
2,400
52
2,636
97
8
2,636
53
2,636
98
9
2,636
54
2,636
99
10
2,400
55
2,636
100
11
2,400
56
2,636
101
12
2,400
57
2,636
102
13
2,636
58
2,400
103
14
2,636
59
2,400
104
15
2,636
60
2,400
105
16
2,636
61
2,400
106
17
2,636
62
2,400
107
18
2,400
63
2,400
108
19
2,636
64
2,400
109
20
2,636
65
2,636
110
21
2,636
66
2,636
111
22
2,636
67
2,636
112
23
2,636
68
2,636
113
24
2,636
69
2,636
114
25
2,636
70
2,636
115
26
2,636
71
2,400
116
27
2,636
72
2,636
117
28
2,636
73
2,636
118
29
2,400
74
2,636
119
30
2,400
75
2,636
120
31
2,636
76
2,636
121
32
2,636
77
2,636
123
33
2,636
78
2,636
124
34
2,636-
79'
2,636'
125
35
2,636
80
2,636
126
36
2,636
81
2,636
127
37
2,636
82
2,636
128
38
2,636
83
2,636
129
39
2,636
84
2,636
130
40
2,636
85
2,636
131
41
2,400
86
2,636
132
42
2,400
87
2,636
133
43
2,636
88
2,636
134
44
2,636
89
2,636
135
45
2,636
90
2,636
136
*AISISF = Allowable Impervious Surface (SF)
Allowable Impervious Surface Table.doc
*AIS/SF Lot# *AIS/SF
2,636
137
2,400
2,636
138
2,400
2,636
139
2,636
2,400
140
2,636
2,400
141
2,636
2,400
142
2,400
2,400
143
6 6
2;400
144Or
Ze) 5--(
2,400
6
2,400
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,636
2,400
RECEIVED
PEAR 2 2 2002
DWO
PROD 0 a)v 8,9q"U

f F,C49-EP Al Ro mer K �eA4 4, kTM� uC Y
NAvu
_. _.. •_ der.
STATE OF NORTH CAROLINA ���i 1111
Brunswickdr : , Cra„v
COUNTY OFBfiUNSWICK Robert J. �obirtjsc�
Inst-#113213 Hook 158 "x
05r93o2002 02 :2o a 5s�
AMENDMENT OF RESTRICTIVE COVENANTS,
CONDITIONS AND RESTRICTIONS FOR L OM f AND 144,
WESTPORT AT SOUTH HARBOUR VILLAGE
This Amendment of the Declaration of Covenants, Conditions and
Restrictions relating to Lot 1 and 144, Westport at Suoth Harbour Village made
this the t-h day of 2002 by KENNETH W. HUGGINS
AND WIFE, JANET-HUGO NS AND J'AMES W. HUGGING, hereinafter'referred'
to as Declarant.
WITNESSETH:
THAT WHEREAS by deed recorded in Book 1476, Page 630 Kenneth W.
Huggins and wife, Janet Huggins were conveyed Lot 1, Westport at South
Harbour Village as .shown on a plat recorded in Map Cabinet 24, Page 271,
subject to Restrictive Covenants recorded in Book 1403, Page 742, Brunswick
County Registry; and
.WHEREAS, -by deed recorded in Book 1475, Page 39.1 Kenneth W.
Huggins and Jaynes W. Huggins were conveyed Lot 144, "Westport at South
Harbour Village as shown on a plat recorded in Map 24, Page 276 subject to
Restrictive Covenants recorded in Book 1403 at Page 742; and
WHEREAS, under Article XI, Section 27 of the above referenced
Restriction an owner may transfer from one owner to another any unused portion
of the 2400 four hundred square feet "Built Upon Area" as permitted under State
of North Carolina storm water runoff regulations; and
WHEREAS, the Parties desire to transfer .346 square feet of built upon
area from Lot 144 to Lot 1.
NOW THEREFORE, the undersigned hereby declare that the allowable
built upon area for Lot 144, Westport at South Harbour Village as shown on a
plat recorded in Map Book 24, Page 276 is hereby reduced from 2,400 square
feet to 2,054 feet and the allowable built up area for Lot 1,. Westport at South
Harbour Village as shown on a plat recorded in Map Cabinet 24 at Page 271 is
hereby increased from 2,400 square feet to 2,746 square feet. This restriction is
intended to' run with the land and be binding on the parties and all their
successors and assigns.
This transfer of built up area between lots 1 and 144, Westport at South
Harbour Village is done with the consent of NCDENR and is included in the
modification of permit # SW8990851.
IN WITNESS WHEREOF the undersigned have caused this Declaration to
be executed', in -their name as their a;N;ETH
the day and year first above
written.
SEAL)
W. HUIGdM
(OL-1
JFT =
+ �, — REV--- rc#.
SH — — REF
C� (SEAL)
Q ,f ET HUGGINS
•�—i.�.e� ,�:_�______, (SEAL)
JA S VIA. HfJG _ 5

Inst # 113213 Bock 1582i : IU2
STATE OF NORTH CAROLINA ***** COUNTY OF BRUNSWICK
I, O f: ON tV Ff • l�0 58, !Votary Public in and for the State and
County aforesaid certify that KENNETH W. HUGGINS AND WIFE, JANET
HUOOINS personally appeared before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and seal this_,
day of _, 2002.
My Co mission Expires:
STA7rE OF NORTH CAROLINA *****
AMMA
NOTARY PUBLIC
"OFFICIAL SE�+L,
Caanty of 19rir4wick
C)ONNA D. KOSTBADE
My GO?nMulan Exp M
COUNTY );-,-..-..vim
I, _ k—,. ,„--- _Notary Public in and for the State and
County afor id certify that .FAMES W. HUCCINS personally appeared before
me this da and acknowledged the execution of the foregoing instrument.
Witness my hand and seal this ��day of �, 2002.
• ft.�,,.J t
N TA Y PUBLIC
My Commission Expires:
/mod 1242 ( _,
STATE OF NORTH.CAROLINA
COUNTY OF BRUNSWICK
The Faregoing (or annexed ) Certif cate(s) of
STATE OF NORTH CAROLINA
(.f:D[JNTY OF BRUNSWICK
The Foregoing :`,or annexed) Certificate(s) of DONNA. D KOSTBADE, JEA14 B WORR4AN
Notarv(i<<s) Public: is (are) Certified to be Correct.Y — - — -- -� This fnstrurnent was filed for Registration on this 3rd Day of � May 2002
in the Book and page shown can the First Page hereof.
R0 13 E J. R I. N, Registe at deeds

NARRA T IVE
VILLAGE GREEN TOWNHOUSES & WESTPORT SUBDIVISION
BRUNSWICK COUNTY
LOW DENSITY STORMWATER MANAGEMENT PLAN MODIFICATION
A&K PROJECT No. 02022
The proposed development is in Brunswick County and the land disturbance will
be over an acre. Therefore, the development will be designed to comply with the
State stormwater requirements. The total contributing site drainage area is 69.5
acres. The project drains to SA waters and is allowed 25% coverage. The
contributing impervious areas include 197,944 SF of streets, 29,000 SF for future
improvements to a park, amenities area and Tract 4, 155,000 SF for 62
townhouse units and 374,911 SF for 145 residential lots as calculated by the
computer. There are 62 townhouse units and the allowable built -upon area for
each unit is 3,500 SF. There are 145 lots and the allowable built upon area per
lot is 2,400 SF or 2,636 SF as shown in the table of allowable impervious surface
which is a part of the application.
Stormwater runoff will be collected by a series of swales and will be conveyed by
swales to an existing drainage canal. This submittal is for a low -density permit.
JPN/jmc
02022 03-20-02 smar

SW8 990851 MODIFICATION — JUNE 6, 2002
TOTAL SITE AREA 69.5 Acres
TOTAL ALLOWABLE IMPERVIOUS 25% (UT Intracoastal Waterway — SA/Cape Fear River)
69.5 * 0.25=17.375 Acres (756,855 SF)
TOTAL ALLOTED GREEN AREA 69.5—17.375 = 52.125 (ACRES)
BREAKDOWN OF IMPERVIOUS AREAS:
Streets
197,944 SF
Parking Area
1,000 SF
Amenities Area
10,000 SF
Tract 4
18,000 SF
Townhouses — 62 Units
155,000 SF
Lots —145 Lots — 374,911 SF
374,911 SF
TOTAL IMPERVIOUS
756,855 SF
NOTE: NOT SURE OF HOW MUCH OF THE 52.125 ACRES OF GREEN SPACE
WILL BE OWNED BY THE TOWN AND HOW MUCH WILL BE
ASSOCIATED WITH INDIVIDUAL/TOWNHOME LOTS
SW8 000204 — APRIL 14, 2000
TOTAL SITE AREA 51.69 Acres (2,251,744 SF)
TOTAL ALLOWABLE IMPERVIOUS 25% (UT Intracoastal Waterway — SA/Cape Fear River)
51.69 * 0.25 = 12.923 Acres (562,936 SF)
TOTAL ALLOTED GREEN AREA 51.69—12.923 = 38.767 (ACRES)
BREAKDOWN OF IMPERVIOUS AREAS:
Streets
124,804 SF (2.865 Acres
Parking Area
16,300 SF (0.37 Acres)
Townhouses — 58 Units
145,000 SF 3.329 Acres
Lots — 94 Lots 2,945 SF/EA
276, 830 SF 6.35 Acres
TOTAL IMPERVIOUS
562,934 SF 12.923 Acres)
NOTE: NOT SURE OF HOW MUCH OF THE 38.767 ACRES OF GREEN SPACE
WILL BE OWNED BY THE TOWN AND HOW MUCH WILL BE
ASSOCIATED WITH INDIVIDUAL/ TOWNHOME LOTS

UGGINS Bus:910-454-7250
Fax: [phone]
Ems'TY
r MAY 2 6 2002 � �p� � Emai1:[e-mail]
f ! WA-1-1 910 232 1331
5092 Minnesota Dr
Oak Island NC 28465
May 23, 2002
NCDENR
Linda Lewis
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Linda;
Janet:
Email: [e-mail]
Mobile: [phone]
www.2LTDirectly.com
Subject: Permit No. SW8 990851 Mod
Village Green Townhouse and Westport Subdivision
Low Density Subdivision Stormwater Permit
Brunswick County
Please find enclosed a hard copy of the Amendment of Restrictive Covenants, Conditions
and Restrictions for Lots 1 and 144, Westport at South Harbour Village.
This document should complete the package of information necessary.
I will call you within the next few days just to confirm that you have received all the
documents that I have faxed and or mailed within the past few weeks and that there are no
other items needed from us for this amendment to be finalized and accepted by your
Department.
We appreciate your assistance with this matter.
Sincerely,
Janet Huggins
5092 Minnesota Dr.
Oak Island, NC 28465
910-454-7250
enclosures
a-

STEVENS, McGHEE, MORGAN, LENNON & TOLL,
ATTORNEYS AND COUNSELORS AT LAW
502 MARKET STREET
WILMINGTON, N. C. 28401
JOHN A. STEVENS (1 895-1 990)
KARL W. McGHEE (1 923- 1 98 1 )
RICHARD M. MORGAN
ALTON Y. LENNON
ALAN E. TOLL
MARK F. CARTER
RUSS C. BRYAN
JEANETTE W. JUNGREIS
PHONE: [phone]
May 24, 2002
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Water Quality Division
127 Cardinal Drive
Wilmington, N.C. 28405 FOR DELIVERY BY HAND
ATTENTION: MS. Nowelle Lutheran
MAILING ADDRESS:
P. 0. DRAWER 59
WILMINGTON, N.C.28402
FACSIMILE:
9 1 0-25 1-9562
Re: STORMWATER MANAGEMENT PERMIT APPLICATION
For WESTPORT AT SOUTH HARBOUR, Brunswick County, North Carolina
Dear Ms. Lutheran:
In connection with the materials which you faxed to me yesterday, I have prepared the enclosed
draft of an amendment to the Declaration of Covenants Conditions and Restrictions for WESTPORT.
Please advise as to whether this document is satisfactory to State. There may have to be other items
amended in the final draft. However, the language included in the enclosed document relating to storm
water issues will not be changed unless you direct that such changes be made.
We look forward to hearing from you soon and remain
Yours truly,
STEVENS, McGHEE, MORGAN, LENNON & TOLL, LLP
By:
lton Y. Lennon
CC: Edwin L. Burnett, I
Viable Corp.
Ay12002B: WstPtStWtLt-1

05/10/2002 11:03 9104540068
�, eshniie Transmittal
Huggins Realty
910-454-7250 - office
910-454-Dose - fax
Sob$ Minnesota Dr
Oek Island KC 20468
Date: 5/ 10/02
Attention: Linda Lewis
NCDRNR
HUGGINS REALTY
From: Janet Huggins
Re permit # SW8990881 Lot 144 & Lot 1, Westport @ South Harbour, Oak Island
Number of pages (including this cover): 3
PAGE 01
Comment(s):
Please find attached to this fax the recorded Amendment of Restrictive Covenants
for the above referrenced permit # and lots. We will send hard copy by mail.
Please let me know if we need to provide you with any other information or documents.
We appreciate your assistance and look forward to hearing from you.
Thanks and have a great day.
Janet Huggins

t
r
ry
LJGGINS r.. ` Bus:91.0-454-7250
F k
4z-- - j Fax: [phone]
•t E
Ken:
EALZ'Y Emai1:[e-mail]
929 E Leonard St Mobile: [phone] �" � . � ' ' _-. y
J Janet:
Southport NC 28461 .__..,..,>-..�- Email: [e-mail]
Mobile: [phone]
www.2UDirectly.com
MEMO
April 25, 2002
l�
To: Linda Lewis
From: Janet Huggins
Re: Lots 1 & 144; Westport Subdivision, Brunswick County
Linda,
It will take our attorney a few days to fit in our request to draw up and record the change in deed
restrictions.
Given the delay, I wanted to get the rest of the information out to you and will follow up with
verification of recordation as soon as possible. I hope you will find this solution satisfactory.
I really appreciate your assistance and look forward to hearing from you.
Thanks
�.�/ fie.
Janet Huggins

UGGINS Bus: 910-454-7250
Fax: [phone]
TEALTY Ken:
Email:[e-mail]
929 E Leonard St
Southport NC 28461
April 25,2002
NCDENR
Linda Lewis
127 Cardinal Drive Ext.
Wilmer on, NC 28405
Mobile: [phone]
Janet:
Email: [e-mail]
Mobile: [phone]
www.2UDirectly.com
Subject: Permit No. SW8 990851 Mod
Village Green Townhouse and Westport Subdivision
Low Density Subdivision Storm Water Permit
Brunswick County
Linda, as per our conversation of April 22,2002, we as owners of two lots in Westport
Subdivision (lot #1 & lot # 144) request to reassign BUA sq. footage from lot # 144 to lot
# 1. We have completed construction on lot # 144 and our BUA is 2054 SF (see attached
survey).
The above Storm Water Permit allows 2400SF of BUA for lot # 144. We would like to
transfer the difference (346 SF) between actual BUA of 2054 SF and the allowable BUA of
2400 to lot # 1.
Lot # 1 has an allowable BUA sq. footage of 2400SF. With the unused BUA SF of 346
SF; the revised allowable would be 2746 SF BUA. Please note the revision to lot # 1 & lot
# 144 on the "Allowable Impervious Surface Table".
The Declaration of Covenants, Article XI Section 27 gives owner's approval to transfer
BUA between lots without prior approval from the Developer or the Association.
Our attorney Robert Serra will draw up and record Deed Restrictions to reflect these
changes for both lot #1 and lot # 144. We will send verification of the recordation to you
upon completion. We are hopeful to have this completed Monday or Tuesday of next
week.

If you have any questions or require any additional information, you may reach us at 910-
454-7250.
We thank you very much for your cooperation in this matter.
Sincerely,
Mr. & Mrs. Kenneth W. Huggins
and James W. Huggins
Attachments: Survey for lot # 144
Lot # 1 Deed Restriction
Lot # 144 Deed restriction
Page 11 of Declaration of Covenants Westport Subdivision
Allowable Impervious Surface Table

ARTICLE XI
GENERAL -PR OVISIONS
Section 26. Enforcement. The Developer, the Association,
or any Owner, and, where applicable, the State of North Carolina,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Developer, the Association, an
Owner, or the State of North Carolina to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
Section 27. Enforcement Of cl 4- orm Water Runof Re ulations,
The State of North Carolina is hereby made a beneficiary of this
Declaration to the extent necessary to enforce its storm water
runoff regulations as the same may be amended from time to time.
The Built Upon Area for each Lot shall not exceed Two Thousand
Four Hundred(2,400) square feet, unless and until the State of
North Carolina shall revise its storm water runoff regulations to
permit a greater Built Upon Area for such Lot. For purposes of
this section, "Built Upon Area" shall mean that portion of each
Lot that is covered by impervious or partially impervious cover,
including building, pavement, recreational facilities, etc., but
not including decking. y Owner may, in accordance with -�
applicable governmen regulations, borrow from another Owner any
Built Upon Area which is not being utilized by the other Owner,
without the approval of any Owner(s) not involved in such
transaction, the Developer, or the Association.
Section 28. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise'affect any other provisions, which shall remain in full
force and effect.
Section 29. Lots Subject to Declaration, -.Extension. All
present and future Owners, tenants, and occupants of Lots and
their guests or invitees, shall be subject to, and shall comply
with the provisions of this Declaration, as amended from time to
time. The acceptance of a deed of conveyance or the entering
into of a lease or the entering into occupancy of any Lot shall
constitute an agreement that the provisions of this Declaration
are accepted and ratified by such Owner, tenant or occupant. The
covenants and restrictions of this Declaration shall run with and
bind the land and shall bind any person having at any time any
interest or estate in any Lot, as though such provisions were
made a part of each and every deed of conveyance or lease, for a
term of ten (10) years from the date hereof, after which time
they shall be automatically extended for successive periods of
tan li m vcarc iml aca her -trni-a of oumiarm of nni- l aGG than t-hraa

SURVEYOR _
PLS Na. L-2796
4950.0'
... tal Ratermy
VANESSA
DRIVE
VICINITY MAP
Not to scale
NOTE: REVISED
7-23-01 to show M
35' front Setback. Burried
JB L-2796
C%1 Utilities
s Be- a? 419r*
EIP Ch-60.0v 1t 49w.0'
Bm tied Utilities _
NOTE: Revised 04-10-
EIP _ —'"—
f
To Show Impervious.
Res,Por,Stoop = 1.702 S.F.
A NOTE: Revised 11-26-01
Drive, walk = 352 S.F.
To Show Existing New
\IG
Total = 2,054 S.F. �j
6 Residence;,,. ]JB L-2796
�JC
U f�4 L,AR
14.3
Ito,
s IStoop1 d
ri 'r, °=«ervea''� '+•
N R.
1 •• _J �' rat�f ��'; tom.
c� j co
I THIS PLAT "I NOT FOR
1 RECORDATION CON—
(.00
W ti I 8' F,
�:: YEYANCES OR SALES
w
1 W
0711
I
l0 W W
j O REFERENCE:
A
Lot-144• Westport
Ex4
m W j
I w a South Hrbr. Village
°p
N _ 1� U W
1 Map Bk-24,Pg-276
O
CV1$'
" a
o S'
i Bruns_ Co. Reg.
z
I ai
I C) EIP—exist. iron pipe
p I
Go M—iron rod set
C11 1
EM—exist. iron rod
z8'
I
1
I
O (` 1 Q' FF,MA- FIRM 4-2-91
Lot-145 370295-0380—E
I
Not In Flood Hazard
m I
Setbacks Shown:
I,o J
25' Front
g t�14.4
25' Rear 1
18 sF�
vIRZ7)
EEP°
Aeres
(May 1
Future 41�
Lot-143
D e v e I o p m e nt c�^r'
EIP +
FN. M44
Boney Land Surveyors, Inc.
FOUNDATION SURVEY
4922 E Oak Island Dr
— FOR-
Ken Hu ins
Oak Island, N.C. 28465
910-278-9415
Lot-144; Westport
J. B.
Rev. 11-26-01
07-06-01
-SOUTH HARBOUR VILLAGE-
Dew
S mithville Towns hip
...a �.. fl., J. B.
grAiF. 1 =20
T --- - — _ _._ — I - r'[ --- -kT r-+

John R. Andrew, P.E. John S. Tunstall; P.E.
Andrew & Kuske J.A. Kuske, P.E. Neal W. Andrew, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske, III, P.E.
902 Market SF, • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • www.andrewandkuske.com
March 22, 2002
Ms. Linda Lewis
NC DENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Village Green Townhouses and Westport Subdivision
Southport, NC
State Stormwater Permit Submittal
A&K Project No. 02022
Dear Ms. Lewis:
MAR 2 2 2002
q0$5� ��� B�►�S
>,-- oh- f
Enclosed are two sets of plans for the subject project, one set of calculations, the
original Division of Water Quality stormwater management permit application, and one
copy, one copy of the SWU- supplement form, one copy of the stormwater narrative
and a $420.00 check for the processing fee.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULT ENGINEERS, I C.
J. hillip Norris, P. E.
JP_ /jmc 02021 03-22-02
Enclosures
cc: Ed Burnett