SW8990851_Historical File_20071106

F WA %
���= % Michael F. Easley, Governor
2007
� 7 —PC,
C' - 0 ) �� William G. Ross Jr., Secretary
� r Coleen H. Sullins Director
North Carolina Department of Environment and Natural Resources
"C
Y
Division of Water Quality
October 15, 2007
CERTIFIED MAIL #7007 0220 0000 8222 7214
RETURN RECEIPT REQUESTED
Edwin L. Burnett
Pointe Associates, LLC
3950 Old Bridge Rd.
Southport NC, 28461
Subject: NOTICE OF VIOLATION
Village Green Townhomes and Westport Subdivision
Stormwater Permit No. SW8 990851
Brunswick County
Dear Mr. Burnett:
On October 3, 2007, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vanessa Rd. in Oak Island, Brunswick County,
North Carolina. The Inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 990851, issued to you on June 6, 2002.
The project has been found in violation of Stormwater Permit Number SW8 990851, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Piping of roadside swales. Several swales throughout the development have
been piped. No piping is allowed in this low density development except the
minimum amount necessary to direct runoff beneath an impervious surface such
as a road or driveway.
2. Exceedence of allowable built -upon area. Several of the lots in this development
appear to have exceeded the recorded BUA for each individual lot.
3. Failure to provide the operation and maintenance necessary to operate the
permitted stormwater management systems at optimum efficiency. Perimeter
swales were overgrown with woody vegetation and heavily eroded.
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 November 15, 2007.
2. Please remove any piping that is not installed as a driveway crossing or road
crossing.
3. Please verify that the required built -upon area per lot has not exceeded. If the
allowable BUA has been exceeded then submit for a modification.
4. Please remove the woody vegetation located within the perimeter swales, res ed
and repair all eroded areas. i atC aroli a
ural�
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwatergualiiy.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

October 15, 2007
Village Green Townhomes and Westport Subdivision
Stormwater Permit No. SW8 990851
Failure to provide the "Plan of Action" by November 15, 2007, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
21-1.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Oak Island Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call David W. Cox at (910)
796-7215.
Sincer ,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB\dwc: S:\WQS\STORMWAT\NOTICE\000204.oct07
cc: Phillip Norris
Brunswick County Building Inspections
David W. Cox
Central Office
Wiro
Gene Kudgus (Town of Oak Island)
project name
Page 2of2
Page 1 of 2

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Stevens, McGhee, Morgan, Lennon & Carter, L.L.P.
Attorneys and Counselors at Law
602 Market Street
WILMINGTON, N. C. 28401
910-763-3666
John A. Stevens (1895-1990)
Karl W. McGhee (1923-1981)
Richard M. Morgan
Alton Y. Lennon
Mark F. Carter
Samuel B. Potter
September 27, 2007
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive
Wilmington, NC 28405
Attention: Mr. Edward Beck, Regional Supervisor
Surface Water Protection Section, and
Ms. Rhonda Hall, NCDENR, DWQ
Gentlemen:
Mailing Address:
P. O. Drawer 59
Wilmington, N.C.28402
Facsimile
910-251-9562
Re: Modification of Permit No. SW 8990851
Village Green Townhouses and Westport Subdivision
Permit issued to Point Associates, LLC
This is to confirm and comply with our agreements reached on September 25, 2007, at our
meeting at South Harbour Village with Mr. Beck and Ms. Hall and representatives of the Town of Oak
Island concerning the above Permit Modification.
As we all know, several sections of the above permit as modified on June 6, 2002, state that the
sixty-two (62) Village Green town houses are allowed a maximum of 3,500 square feet of built -upon
area. Thereafter, the Declaration of Covenants and Restrictions for Village Green Townhomes was
amended, which amendment also reflects the 3,500 square feet built upon allowance for the town houses
in the development. We now also know that despite the above noted and stated built -upon allowances,
the engineering done for the permit calculations for the town home portion of the development used
2,500 square feet of built -upon area as the maximum. Further, and most important, when the town home
units were constructed, the builder (Hilia. Builders, Inc.) was directed to build them using the 2,500
square feet of built -upon area as a maximum. Hilia Builders, Inc. has confirmed that the company
understood and followed the 2,500 square feet maximum built -upon allowance for the town homes.

DENR, Division of Water Quality
September 27, 2007
Page Two
We have asked Dan Hilla, President of Hilla Builders, Inc. to execute this letter under oath so it
may be treated as his affidavit. We have also asked that Mr. Thomas Nuzio, Vice President of
Wilmington Holdin g Corp., a Member of Point Associates, LLC, execute this letter on behalf of Point
Associates, LLC, the permittee.
We will advise the Village Green Property Owners Association, Inc. of these matters as they
relate to built -upon allowances for the town homes.
Should you require anything further from us at this time, please advise.
Yours truly,
STEVENS, McOIAEE, jhflORGAN, LENNON &i CARTER, L.L.P.
qDamel
Lennon
AYL:jt
(SEAL)
illa, President of
Hilla Builders, Inc.
Point Associates, LLC
By: Wilmington Holding Corp., Member
Thomas Nuzio, Vice President
New Hanover County, North Carolina
Signed and sworn to before me this day by Daniel Hilla.and Alton Y-
Date: September 27, 2007.
Jgry Y. omason, Notary Public
My commission expires: 12/08/2010
xivNCDENR
(SEAL)
:k.
:71r

North Carolina Secretary of State
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E. n )ES
CROSSLEY MCINTOSH & COLLIER, PLLC
ATTORNEYS AT LAW
2451 SOUTH COLLEGE ROAD
WILMINGTON, NORTH CAROLINA 28412
September 11, 2007
Mr. Ed Beck, Regional Supervisor
Surface Water Protection Section
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: South Harbour Stath-m
Storm Water Project No.. 990851
Dear Mr. Beck
TELEPHONE [phone]
FAX [phone]
TOLL FREE 800/499-9711
C�.L -1
SEP 1 2 2007
BY:
You will recall that earlier this summer you, on behalf of the Division of Water
Quality, requested that the Town not issue any Certificates of Occupancy for this
development until the alleged violations were resolved. I am enclosing a copy of your
June IIth correspondence for your convenience. Since that time I have been provided
with your July 25, 2007 email wherein you stated that the permits for South Harbour
Station could be processed immediately upon receipt of the processing fee and an Off
Site permit application. It is my understanding that both of these items have been
submitted. I was surprised when 1 received your voicemail on Friday afternoon
indicating that there are still outstanding issues with this development.
As we have previously discussed, Point Associates, LLC has, for some time now,
expressed a desire to transfer ownership of the South Harbour Golf Course to the Town
of Oak Island. The prospect of existing violations has delayed that process. So as to
avoid any future confusion I, on behalf of the Town of Oak Island, am hereby requesting
a meeting at the site with you, Alton Lennon, Edwin Burnett, the Town Council and any
other interested party. I have spoken with Mr. Lennon and he is amenable to this ren„Pst.
It is my sincerest belief that a site meeting will enable us all to understand what
issues, if any, remain with this development. Upon your receipt of this letter I ask that
you kindly let me know what dates you are available.
With kindest regards, I am
BEE:cg
cc: Alton Lennon
Very truly yours,
CROSSLEY McINTOSH & COLLIER
Brian E. Edes

TO: MR. EDWARD BECK
REGIONAL SUPERVISOR
DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
WILMINGTON REGIONAL OFFICE
July 31, 2007
Dear Mr. Beck:
Enclosed herewith please find Mr. Edwin Burnett's check
number 2959 in the sum of $11, 580.00 to pay for the Express
Permit processing fees for Westport ($ 1,580.00) and
Bridgepoint ($10,000.00).
A draft of a proposed Special Declaration of Covenants
for Lots 146-151 of Westport is also included for your
consideration.
Sincqx-qly,
Al tefi IY . Lennon
JUL 31209

Fulcher, Fred
From: Ed Beek JEd.Beck4Jncmall.netj
Sent: Wednesday, July 25, 2007 2:47 PM
To: ELB
Cc: Fulcher, Fred; a y; banner stiller; Rick Shiver
Subject: Re: Oak Island COs, SH Station
Mr. Burnett
I am very Happy to see that some maintenance has been done on the ponds associated with South
Harbour Station_ The pictures indicate that there are still some compliance issues. Woody vegetation
can be seen on the pond slopes. Erosion can be seed under the inlet pipe. There is still a question about
the presence of an inlet Swale on the other pond_ Also, the designers certification still needs to be
submitted for the ponds.
As you know, our staff has been working very closely with you and Mr. Lennon to resolve the
noncompliant issues at South Harbour Station and Westport as quickly as possible. Sufficient
information has now been submitted to allow the permit for Westport to be modified to reflect the
subdivision of Tract Four into six lots_ This permit can be issued immediately through the Express
Permitting Program with the submittal of the Express processing fee of $2,000 minus the $420 fee that
has been paid.
During our meeting on July 2, it became evident that one portion of the site permitted as South Harhrnir
Station was subdivided and another portion was sold and is now included in a stormwater permit
application for Oak Island Resort, which has been submitted through the regular permitting program. In
order to be able to move forward with modification of the permit for South Harbour Station to reflect the
changes, an application to process the permit for Oak Island Resort must be reviewed at the same time.
Also an application must be submitted for an Off Site permit for the portion that has been subdivided.
These applications cant be used immediately through the Exprem Permitting Program with the
submittal of Express processing fees of $4,000 for modification of the South Harbour Permit $2,000 for
the Off Site Permit, and $4,000 for Oak Island Resort.
Upon receipt of the Express processing fee, the permit for Westport can be issued immediately. The
permits for South Harbour Station can be processed immediately with the submittal of the processing
fees and an f R'te permit ata lid ion The Town of Oak Island will then be notified that the
noncompliant con (ions have been resolved. We will move forward with permit issuance and expect
the ponds to be brought into compliance within thirty days.
Ed Beck
ELB wrote:
Dear Ed, 111M errcleed photos of loath prdiids filet were in violation, located off Vanessa Dr, and
referenced in NOV for Bridge Point (South Harbour Station Condos). As you can see from the
photos, both ponds have been redone to original specs. This work was completed last week. I
have also enclosed a contract for monthly maintenance. Since you have asked Oak Island to hold
COs until these ponds were corrected and as they are now corrected, I ask you call the buildings
dept. 278-5024 and rescind your previous suggestion. I ask that you do this today as damages are
severe. Thank you
7/25/2007
901d TT8T84Z0T6 axvgsi XVO 30 HM01 8Z:9T LOOZ-OT-das

STEVENS, MCGHEE, MORGAN, LENNON & CARTER, L. L. P.
ATTORNEYS AND COUNSELORS AT LAW
802 MARKET STREET
WILMINGTON, N. C. 28401
9 10-763-3666
,:oHN A. STEVENS (1 895-1 990)
KARL W. MCGHEE (1 923-1 98 1
RICHARD M. MORGAN
ALTON Y. LENNON MAILING ADDRESS:
MARK F. CARTER P. O. DRAWER 59
SAMUEL B. PorrER WILMINGTON, NC 28402
July 12, 2007
For Delivery by Hand
Mr. Edward Beck
Regional Supervisor
North Carolina DENR
Water Quality Division
FACSIMILE
9 1 0-25 1 -9562
JUG 3 2007
Re: Letters of express consent executed by applicable lot owners in Westport at South
Harbour Village Subdivision ("Westport") provided in response to that certain Notice of
Violation described in your letter dated May 25, 2007; Village Green Townhouses and
Westport Subdivision; Stormwater Project No. 990851
Dear Mr. Beck:
As you know, the above noted NOV concerns a tract or parcel of land within
Westport Subdivision in Brunswick County which was originally allocated 18,000
square feet of impervious surface coverage in the above noted Stormwater project. This
tract was subsequently divided into six separate lots. These lots were platted and
recorded as Lots 146, 147. 148, 149, 150, and 151 of Westport and were sold subject to
the terms and conditions of the recorded Declaration of Covenants, Condition, and
Restrictions for Westport. That Declaration limited each lot in the subdivision to 2,400
square feet of impervious surface coverage. The Declaration was subsequently amended
to increase some impervious allocations. However, the permittee did not properly receive
approval when it changed from one tract to six individual lots. You advised us that we
must apply for a revised or modified permit, and we have done so through Mr. J. Phillip
Norris, our engineer. I understand that you now have in hand the application for the
revised permit.
We have now been in contact with the owners of all six of the lots in question.
Lots 146 and 147 were combined by recorded document into one lot and are owned by
Mr. and Mrs. John Allen. Lots 148 and 149 are owned by Ms. Andrea Dickson. Lot 150
is owned by Mr. and Mrs. Charles Maltrotti. Lot 151 is owned by Quality Farm, Inc., a
North Carolina corporation. All the owners have been very cooperative and have
provided us with letters by which they and each of them expressly acknowledge that their

Mr. Edward Beck
July 12, 2007
Page Two
respective lots are limited to 3000 square feet of impervious surface coverage. Some were
under impression that they only had 2,400 square feet and were thus pleased to get the
additional impervious allocation. Thus by these letters, each of the six lots is limited to
3000 square feet of impervious coverage, or a total of 18,000 square feet, the amount
allocated for the tract in our original permit. Copies of those letters are attached.
As you also are aware, Ms. Dickson has built a home on Lot 148 but she has been
denied a certificate of occupancy for her dwelling by the Town of Oak Island because
of your advising the Town of the above noted violation. In light of Ms. Dickson's serious
dilemma and the attached letters of consent executed by all the lot owners, we would
respectfully urge you to promptly advise the Town to issue Ms. Dickson's her CO based
upon her acknowledgement (and that of her neighbors) that she is (and they are) limited
to 3,000 square feet of impervious surface coverage.
We will of course continue, with Mr. Norris's good help, to go forward with our
modification to our existing stormwater permits to comply with your requests and
requirements.
Please advise if you have any questions or continents concerning any of the
above.
Yours truly,
STEVENS, MCGHEE„ RGAN, LENNON & CARTER. L.L.P
rlton Y. Lennon
CC: Ms. Rhonda Hall / NCDENR
Edwin L. Burnett, III
J. Phillip Norris, P.E.
Thomas A. Nuzio
Ay12007D:westprtDenrLt-11-07

JOHN W. ALLEN
5051 Minnesota Drive
Southport, N.C. 28461
Alton Y. Lennon, Esq. July 9, 2007
STEVENS, McGHEE, MORGAN, LENNON & CARTER, L.L.P.
Attorneys at Law
P. O. Drawer 59
Wilmington, N.C. 28402
Re: Permitted impervious surface coverage for Lots 146 and 147, Westport
at South Harbour Village Subdivision ("Westport"), which lots have now
been combined
Dear Mr. Lennon:
We understand that you represent Point Associates, LLC, the developer of
Westport. We are the owners of Lots 146 and 147 in Westport, which lots were
combined as one lot in April, 2006. We acknowledge that the existing State storm water
permit which is applicable to our lots will permit us to have up to 3,000 square feet of
impervious surface coverage on each of our lots, or total of 6,000 square feet on the
combined lot. We also. acknowledge and agree that all future owners of our lots will also
be thus limited. We agree that if requested, we will execute such documentation as may
be reasonably required to further confirm and adopt these development limitations.
Please advise if you need anything Au-iher from me at this time.
Yours truly,
AbW.n
Jud . Allen
2007G:AllenLt7-9-07

QUALITY FARM, INC.
5140 Minnesota Drive
Southport, N.C. 28461
Alton Y. Lennon, Esq. July 5, 2007
STEVENS, McGHEE, MORGAN, LENNON & CARTER, L.L.P.
Attorneys at Law
P. O. Drawer 59
Wilmington, N.C. 28402
Re: Permitted impervious surface coverage for Lot 151, Westport
at South Harbour Village Subdivision ("Westport")
Dear Mr. Lennon:
I understand that you represent Point Associates, LLC, the developer of Westport
Our company owns Lot 151 in, Westport. When our company purchased our Westport
lot, we were aware that there were building and development limitations and restrictions
applicable to our lot, some of which were imposed by State storm water permits. It is
our further understanding that the existing State storm water permit which relates to and
controls development on our lot permits us to have 3,000 square feet of impervious
surface coverage on the lot. We acknowledge that this limitation applies to our lot and to
all future owners of our lot. If necessary, we agree to execute documentation confirming
these development limitations, both for us and all future owners of this lot. Please advise
if you need anything further from us at this time.
Yours truly,
Quality Farm, Inc.
—C! L
President
2007GQuahtyFrmLt

07/10/2007 16:29 9194613703 POSTNET PAGE 01
CHARLES S. MALTROTTI
113 BORNE CREEK COURT
Cary, N.C. 27319
July 5, 2007
Alton Y. LCUAon, Esq.
STEVENS, McGME, MORGAN, LENNON & CARTER, L.L.P.
Attorneys at Law
P. O. Drawer 59
Wilmington, N.C. 28402
Re: Permitted impervious surface coverage for Lot ISO, Westport
at South Harbour Village Subdivision ("Westport")
Dear Mr. Lemaon:
We understand that you represent Point Associates, LIA the developer of
Westport. We are the owners of Lot 150 in Westport. When we purchased our
Westport lot, we were aware that there were building and development limitations and
restrictions on our lot, some of which ware imposed by State storm water permits. It is
our fimher understanding that the existing State storm water permit which is applicable
to our lot xmy permit us to have a maximum of 3,000 square feet ofimpervimm surfam
coverage on the lot We agree that if requested, we will Cucuta such documentation as
may be reasonably required to confirm and adopt this development limitation relating to
impervious surbtce coverages both for ourselves and any futtree owners of this lot .
Please advise if you need anything further f m us at this time.
Yours
S. mahtotti
Rosemarie MaltroW
2007GUdtottiLt

07/10/2007 10:19 9102789546 BANK OF AMERICA PAGE 02/02
Andrea L. Dickens
315 NE 50 Street
Oak Island, N.C. 28465
July 3, 2007
Alton Y. Lennon, Esq.
STEVENS, MC(3HEE, MORGAN, LENNON & CATER, L.L.P.
Attorneys at Law
P. O. Drawer 59
Wilmington, N.C. 28402
Re: Permitted impervious surface coverage for Lots 148 and 149, Westport
at South Harbour. Village Subdivision ("Westport")
Dear Mr. Lennon:
I understand that you represent Point Associates, LLC, the developer of Westport
1 am the owner of Lots 148 and 149 in Westport. When I purchased the lots in October,
2005, I was aware that there were building and development limitations and restrictions
on my lots, some of which were imposed by State storm water permits. It is my further
understanding that the existing State storm water permit which is applicable to my lots
will permit me to have 3,000 square .feet of impervious surface coverage on each of my
lots. I have already constructed a house on Lot 148, and in doing so, I conformed to the
impervious surface limitation of 3,000 square .feet. I agree that if requested, I will execute
such documentation as may be reasonably required to further confirm and adopt these
development limitations. P1e&-.e advise if you need anything further :from me at this time.
Yours truly,
Andrea L. Dickens

NORRIS, KUSKE &TUNSTALL
CONSULTING ENGINEERS,
July 3, 2007
Ms. Rhonda Hall
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 Modification Submittal
State Permit # SW8-990851
NKT Project No. 07144
Dear Ms. Hall:
INC.
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S. Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
Enclosed are two sets of plans for the subject project, the original Division of Water
stormwater management permit application, one copy of the SWU-104 supplement
form, one copy of the stormwater narrative and a $420.00 check for the processing fee.
Please contact us if you have any questions or comments. Thank you for your
assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
J Phil orris, P
JPN/neh
07144 07-03-071tr
cc: Ed Burnett
Ed Beck
902 Market Street * Wilmington, NC 28401-4733 6 Phone: [phone] a Fax: [phone]

STORMWATER SYSTEM NARRATIVE
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVISION
SOUTHPORT, NORTH CAROLINA
'r For
Pointo Associates, L.L.C.
Edwin Burnett, Managing Member
3950 Old Bridge Road
Southport, NC 28461
[phone]
N CAR
.v-I
94,916 175
July 2007
Prepared by:
NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
NKT Project No. 07144

NARRATIVE
VILLAGE GREEN TOWNHOUSES & WESTPORT SUBDIVISION
BRUNSWICK COUNTY
LOW DENSITY STORMWATER MANAGEMENT PLAN MODIFICATION
NKT PROJECT No. 07144
The proposed development is in Brunswick County, North Carolina and the land
disturbance will be over an acre. Therefore, the development will be designed to comply
with the State stormwatwe requirem(pnts. The total contributing site drainage area is
69.5 aacres. The project drains to SA waters and is allowed 25% coverage. The
contributing impervious areas include 197,944 SF of streets, 11,000 SF for future
townhouse units and 392,911 SF for 151 residential lots as calculated by the computer.
There are 62 townhouse units and the allowable built -upon area for each unit is
3,500SF. There are 151 lots and the allowable built -upon area per lot is as shown in the
table of allowable impervious surface which is 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/neh
07144 07-03-07 swnar

NORRIS, KIISKE &TUNSTALL
CONSULTING ENGINEERS,
INC.
IMPREVIOUS AREA CALCULATIONS
VILLAGE GREEN TOWNHOUSES AND WESTPORT SUBDIVION
NKT PROJECT NO. 07144
TOTAL SITE AREA = 69'.5 AC
TOTAL ALLOWABLE IMPERSIOUS = 25%
17.375 AC OR 756,855 SF
BREAKDOWN OF IMPERVIOUS AREAS:
Street
Park Area
Amenities Area
Townhouses:
(62X2,500 SF/Unit)
Lots
Total Impervious
JPN/neh
Impervious Calculation & Table 07-03-07
197,944 SF
1,000 SF (future)
10,000 SF (future)
155,000 SF
(See Attached Table) 392,911 SF
756,855 SF
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S. Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
902 Market Street • Wilmington, NC 28401-4733 ° Phone: [phone] Fax: [phone]

ALLOWABLE IMPERVIOUS SURFACE TABLE
VILLAGE GREEN TWONHOUSES AND WESTPORT SUBDIVISION
NKT PROJECT NO. 07144
Lot #
*AIS/SF
Lot #
*AIS?SF
Lot #
*AIS/SF
Lot #
*AIS/SF
1
2,746
46
2,636
91
2,636
136
2,400
2
2.636
47
2,636
92
2,636
137
2,400
3
2,400
48
2,636
93
2.636
138
2,400
4
2,636
49
2,636
94
2,400
139
2,636
5
2,636
50
2,636
95
2,400
140
2,636
6
2,636
51
2,636
96
2,400
141
2,636
7
2,400
52
2,636
97
2,400
142
2.400
8
2,636
53
2,636
98
2,400
143
2,636
9
2,636
54
2,636
99
2,400
144
2,054
10
2,400
55
2,636
100
2,400
145
2,636
11
2,400
56
2,636
101
2,636
146
3,000
12
2,400
57
2,636
102
2,636
147
3,000
13
2,636
58
2,400
103
2,636
148
3,000
14
2,636
59
2,400
104
2,636
149
3,000
15
2,636
60
2,400
105
2,636
150
3,000
16
2,636
61
2,400
106
2,636
151
3,000
17
2,636
62
2,400
107
2,636
18
2,400
63
2,400
108
2,636
19
2,636
64
2,400
109
2,636
20
2,636
2,636
110
2,636
21
2,636
2,636
111
2,636
22
2,636
2,636
112
2,636
23
2,636
2,636
113
2,636
24
2,636
2,636
114
2,636
25
2,636
H2,636
2,636
115
2,636
26
2,636
2,400
116
2,636
27
2,636
2,636
117
2,636
28
2,636
2,636
118
2,636
29
2,400
2,636
119
2,636
30
2,400
120
2,636
31
2,636
76
2,636
121
2,636
32
2,636
77
2,636
122
2,636
33
2,636
78
2,636
123
2,636
34
2,636
79
2,636
124
2,636
35
2,636
80
2,636
125
2,636
36
2,636
81
2,636
126
2,636
37
2,636
82
2,636
127
2,636
38
2,636
83
2,636
128
2,636
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2,636
84
2,636
129
2,636
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2,636
85
2,636
130
2,636
41
2,400
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2,636
131
2,636
42
2,400
87
2,636
132
2,636
43
2,636
88
2,636
133
2,636
44
2,636
89
2,636
134
2,636
45
2,636
90
2,636
135
2,636
"AIS/SF = Allowable Impervious Surface (SF)
Impervious Calculation & Table 07-03-07

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 11, 2007
Fred Flutcher - Building Inspections
Town of Oak Island
4601 East Oak Island Drive
Oak Island, NC 28465
Coleen H. Sullins Director
Division of Water Quality
Subject: Request To Withhold Building Permits and Certificates of Occupancy For
Developments Found To Be In Non -Compliance With State Permits
Dear Mr. Flutcher:
To ensure the protection of surface waters of the State in accordance with G.S. 143-214.7, a
state stormwater permit is required in accordance with the provisions of Administrative Code
Section: 15A NCAC 2H .1000 for any development activities which require a CAMA major
development permit or a Sedimentation/Erosion Control Plan and which meet any of the
following Criteria:
1. development activities located in the 20 coastal counties as defined in Rule .1002(4)
of 15A NCAC 2H .1000;
2. development activities draining to Outstanding Resource Waters (ORW) as defined
in 15A NCAV 2B .0225; or
3. development activities within one mile of and draining to High Quality Waters (HQW)
as defined in 15A NCAC 213 .0101(e)(5)
Any project under a common plan of development shall be considered as a single project and
shall require stormwater management in accordance with 15A NCAC 2H .1000.
State Storomwater Managements Permits require that the permittee shall have submitted a
revised application, plans, calculations and specifications and received approval for any
revision to the plan 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.
Novi thCarolina
Aaturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterguality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110°% Post Consumer Paper

Fred Flutcher —Building Inspections
Town of Oak Island
Page 2 Of 2
June 11, 2007
State Stormwater Management Permit SW8 990851 issued for Village Green
Townhouses and Westport Subdivision was issued with 18,000 square feet of
built -upon area assigned to Tract 4 of the development. State Stormwater
Management Permit SW8 010221 issued for Bridge Point Business Park (AKA —
South Harbour Station) was issued with 303,197 square feet of built -upon area
assigned to Tract 1 and 310,842 of built -upon area assigned to Tract 2. It has
now been determined that Tract 4 associated with Village Green Townhouses
and Westport Subdivision and Tracts 1 and 2 associated with Bridge Point
Business Park (AKA — South Harbour Station) have been subdivided and the
construction of various buildings has begun without either of the permits being
modified to reflect these activities. Withholding building permits when a
development is not compliant is an effective control tool.
It is the understanding of this office that a municipality has the jurisdictional
authority, granted to them under the North Carolina General Statue, to withhold
building permits and certificates of occupancy once they become aware that a
development has not obtained required state permits or that the development is
found to be non -compliant with an existing state permit.
In order to help ensure the protection of surface waters of the State, this office is
requesting that once your office is notified of a development's non-compliance
with a state permit that you consider withholding building permit and certificates
of occupancy for that development.
Thank you for your help and assistance in this matter.
If you have any questions, please do not hesitate to call Rhonda Hall or me at
[phone].
Sinc y,
k�
Edward Beck
Regional .Supervisor
Surface Water Protection Section
ENB\rbh: S:\WQS\STORMWAT\LETTERS\2007\SouthHarbour.junO7
cc: Janice Duncan, Town of Oak Island Code Enforcement & Zoning
Kevin Bowden
Rhonda Hall

■ Complete items 1, 2, and 3. Also complete
item 4 if,Restrictdd Deiivery Is desired.
9 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 mallpiece,
or on t, is front if space permits.
1. Article Addressed to.
'dalwe T.
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0 ❑ Addressee
by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? .0 Yews
If YES, enter delivery address below: 'Flo
3. Service Type
Certified Mail U Express Mail
Registered ® Return Receipt for Merchandise
❑ Insured Mail ® C.O.D.
4. Restricted Delivery? (Extra Fee) ® Yes
2. Article Number
(Transfer from service label 7006 2760 0003 3529 1793
Ps Form 3811, February 2004 Domestic Return Receipt 10259e-02-M-1840
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171 -- ---------------------
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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
CERTIFIED MAIL 7006 2760 0003 3529 1793
RETURN RECEIPT REQUESTED
May 25, 2007
Mr. Edwin L. Burnett, Managing Member Mr. Edwin L. Burnett, III
Pointe Associates, LLC 5001 O'Quinn Blvd, Unit J
3950 Old Bridge Road Southport, NC 28461
Southport, NC 28461
Subject: NOTICE OF VIOLATION
NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Village Green Townhouses and Westport Subdivision
Stormwater Project No. 990851
Brunswick County
Dear Mr. Burnett:
On May 23, 2007, Wilmington Regional Office staff performed a site visit of Village Green
Townhouses and Westport Subdivision. This site visit revealed that Tract 4 of Village Green
Townhouses and Westport Subdivision had been subdivided into 6 lots (Lots 146 & 147 [5150
Minnesota Drive], Lot 148, Lot 149, Lot 150 and Lot 151 [5140 Minnesota Drive]), and that
houses have been constructed on Lots 146&147, 148 and 151. Following this site visit,
Wilmington Regional Office staff of the Division of Water Quality, performed a search of the
Brunswick County Register of Deeds database. This search also revealed that Tract 4 of
Village Green Townhouses and Westport Subdivision has been subdivided into six lots (see
attached drawings). This is a modification of the approved plans and specifications for this
project.
Pointe Associates, LLC was issued State Stormwater Permit Number SW8 990851 on June 6,
2002, for a low density subdivision stormwater project known as Village Green Townhouses
and.Westport Subdivision. Based on the above information and a review of the project file for
this facility, this project has been found in violation of State Stormwater Permit Number SW8
990851, issued pursuant to the requirements of 15A NCAC 2H.1000. The permittee has failed
to submit and receive 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 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.
NorthCarolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50°% Recycled/10% Post Consumer Paper

May 25, 2007
Village Green Townhouses
and Westport Subdivision
Stormwater Permit No. SW8 990851
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.
Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
To correct this violation you must:
Provide a written "Plan of Action" which outlines the actions you will
take to correct the violations and a time frame for completion of those
actions, on or before June 25, 2007.
2. Provide one complete application package for the modification. A
complete application package includes all of the items listed below.:
a. One original of the Stormwater Management Permit Application
Form
b. One original of the applicable Supplement Form(s) for each BMP
c. Permit application processing fee of $420 (payable to NCDENR)
d. Detail narrative description of stormwater treatment/management
e. Two copies of plans and specifications
■ 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
■ Details of roads, drainage features, collection systems, and
stormwater control measures
® 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)
f. a copy of the recorded deed restrictions for residential lots
associated with this subdivision.
Page 2 of 3

May 25, 2007
Village Green Townhouses
and Westport Subdivision
Stormwater Permit No. SW8 990851
Failure to provide the "Plan of Action" by June 25, 2007, or to correct the
violations by the date designated in the "Plan of Action", are considered
violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement
action which may include recommendations for the assessment of civil penalties,.
pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Oak Island Building Inspections, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily
resolved.
If you have any questions concerning this matter, please call Rhonda Hall at
[phone].
Since,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB\rbh: S:\WQS\STORMWAT\NOTICE\990851.may07
cc: Jeff Phillips, Brunswick County Engineering
Brunswick County Building Inspections
Town of Oak Island Building Inspections
A. Y. Lennon
Shelton Sullivan (NIPS Assistance & Compliance)
Rhonda Hall
Wilmington Regional Office
Central Office
Page 3 of 3

`D
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Return Receipt Fee
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(Endorsement Required)
O
Restricted Delivery Fee
(Endorsement Required)
ti
Total Postage & Fees
O
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■ 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 carts to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
�Sov��,00r7
A. Signature
X C].ago nt
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from Item 1? ❑ Yes
If YES, enter delivery address below. Lcl'o
3_Se cT
❑ eidmail ❑ Express Mai
stered ❑ Return Recelpt for Merchandise
❑ Insured Mail C.O.D.
4. Restricted Delivery? (Sidra Fee) C] Yes
' Article ftmNumber se7006 2760 0003 3529 1786
(Tntnsfer frArvice lab
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154c

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
CERTIFIED MAIL 7006 2760 0003 3529 1.786
RETURN RFCEIPT REQUESTED
May 25, 2007
Mr. Edwin L. Burnett, Managing Member Mr. Edwin L. Burnett, III
Pointe Associates, LLC 5001 O'Quinn Blvd, Unit J
3950 Old Bridge Road Southport, NC 28461
Southport, NC 28461
Subject: NOTICE OF VIOLATION
NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Village Green Townhouses and Westport Subdivision
Stormwater Project No. 990851
Brunswick County
Dear Mr. Burnett:
On May 23, 2007, Wilmington Regional Office staff performed a site visit of Village Green
Townhouses and Westport Subdivision. This site visit revealed that Tract 4 of Village Green
Townhouses and Westport Subdivision had been subdivided into 6 lots (Lots 146 & 147 [5150
Minnesota Drive], Lot 148, Lot 149, Lot 150 and Lot 151 [5140 Minnesota Drive]), and that
houses have been constructed on Lots 146&147, 148 and 151. Following this site visit,
Wilmington Regional Office staff of the Division of Water Quality, performed a search of the
Brunswick County Register of Deeds database. This search also revealed that Tract 4 of
Village Green Townhouses and Westport Subdivision has been subdivided into six lots (see
attached drawings). This is a modification of the approved plans and specifications for this
project.
Pointe Associates, LLC was issued State Stormwater Permit Number SW8 990851 on June 6,
2002, for a low density subdivision stormwater project known as Village Green Townhouses
and Westport Subdivision. Based on the above information and a review of the project file for
this facility, this project has been found in violation of State Stormwater Permit Number SW8
990851, issued pursuant to the requirements of 15A NCAC 2H.1000. The permittee has failed
to submit and receive 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 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.
NorthCarolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterguality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

May 25, 2007
Village Green Townhouses
and Westport Subdivision
Stormwater Permit No. SW8 990851
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.
To correct this violation you must:
1. Provide a written "Plan of Action" which outlines the actions you will
take to correct the violations and a time frame for completion of those
actions, on or before June 25, 2007.
2. Provide one complete application package for the modification. A
complete application package includes all of the items listed below.:
a. One original of the Stormwater Management Permit Application
Form
b. One original of the applicable Supplement Form(s) for each BMP
c. Permit application processing fee of $420 (payable to NCDENR)
d. Detail narrative description of stormwater treatment/management
e. Two copies of plans and specifications
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
■ Details of roads, drainage features, collection systems, and
stormwater control measures
■ 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)
f. a copy of the recorded deed restrictions for residential lots
associated with this subdivision.
Page 2 of 3

May 25, 2007
Village Green Townhouses
and Westport Subdivision
Stormwater Permit No. SW8 990851
Failure to provide the "Plan of Action" by June 25, 2007, or to correct the
violations by the date designated in the "Plan of Action", are considered
violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement
action which may include recommendations for the assessment of civil penalties,
pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Oak Island Building Inspections, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily
resolved.
If you have any questions concerning this matter, please call Rhonda Hall at
[phone].
S i n co rle'Ty-,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB1rbh: S:IWQSISTORMWAT NOTICE1990851.may07
cc: Jeff Phillips, Brunswick County Engineering
Brunswick County Building Inspections
Town of Oak Island Building Inspections
A. Y. Lennon
Shelton Sullivan (NPS Assistance & Compliance)
Rhonda Hall
Wilmington Regional Office
Central Office
Page 3 of 3

9

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Village Green Townhouses and Westport Subdivision
Pictures Taken May 23, 2007
11RY 23 � 2C07 _-
House Appears To Be Constructed On Lot 151
5140 Minnesota Drive
Yellow House Appears To Be Constructed On Lot 148
Green House Appears To Be Constructed On Lots 146 & 147 Combined
Lots 146 & 147 — 5150 Minnesota Drive

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Detailed Parcel Results Page 1 of 1
Parcel Information
Find Adjoining Parcels
Find parcels that are within 1 FEET of this parcel. Find Parcels
(A value of 1 finds adjoining parcels.)
H T his data was last updated on May 1, .2007. Click hereto create print page with map and tax �
information.
Parcel Information
Parcel Number
237AA150
Sale Price
$0.00
Account Number
31414960
Plat Book & Page
13:0024 P:0270
Owner Name
ALLEN JOHN W ET JUDY F
Legal Description
L-146 & 147 WESTPORT @ S
HARBOUR 24/270-276
Owner Mailing
Address
Acreage
Owner Mailing
Address 2
5150 MINNESOTA DR
Deed Recorded
Date
MA/25/2006
City
SOUTHPORT
Parcel Address
5150 MINNESOTA DR
State
NC
Zip Code
28461
Deed Book & Page
B:2377 P:0187
Top of Page Close Parcel_Information Window
Top of page Close Parcel_Information Window
Building Information
Heated Square
Feet
2,903
Exterior Wall Type
Neighborhood
Number
304B
Year Built
2005
Number of
Bedrooms
4 BEDROOMS
Municipality
OAK ISLAND
Fire Tax District
1LONGBEACH
Number of Full
Baths
Township ISMITHVILLE
Story Height
Exterior Wall Type
HARDY PLANK
Top of Page Close Parcel Information Window
Date/Time Stamp
The data effective
This map is prepared for the inventory of real property found within this jurisdiction, and is
date is''
compiled from recorded deeds, plats and other public records and data. Users of this map are
hereby notified that the aforementioned public primary information sources should be
May 24, 2007
consulted for verification of the information contained on this map. The County assumes no
2:07:34 pm
May 1, 2007
legal responsibility for the information contained on this map.
http://gis.brunsco.net/parceldata.htm 5/24/2007

Detailed Parcel Results Page 1 of 1
Parcel Information
Find Adjoining Parcels
Find parcels that are within 1 FEET of this parcel. Find Parcels
(A value of 1 finds adjoining parcels.)
II This data was last updated on May 1, 2007. Click here to create print page with map and tax I�
information.
Parcel Information
Parcel Number
237AA 149
Sale Price
$176,000.00
Account Number
33972660
Plat Book & Page
B: P:
Owner Name
DICKENS ANDREA L
Legal Description
L-148 WESTPORT@S HARBOUR
PLAT 24/270-276
Owner Mailing
Address
Acreage
Owner Mailing
Address 2
315 NE 58TH ST
Deed Recorded
Date
M:10/6/2005
City
OAK ISLAND
Parcel Address
State
NC
Zip Code
28465
Deed Book & Page
13:2254 P:0085
Top of Page Close Parcel Information Window
Tap Qf Pape Close Parcel Information Window
Building Information
Heated Square
Feet
Exterior Wall Type
Neighborhood
Number
304B
Year Built
Number of
Bedrooms
Municipality
OAK ISLAND
Fire Tax District
ILONGBEACH
Number of Full
Baths
Township
SMITHVILLE
Story Height
Exterior Wall Type
Top -of Page Close_Parcel Information Window
Date/Time Stamp
The data effective
This map is prepared for the inventory of real property found within this jurisdiction, and is
date is:
compiled from recorded deeds, plats and other public records and data. Users of this map are
hereby notified that the aforementioned public primary information sources should be
May 23, 2007
consulted for verification of the information contained on this map. The County assumes no
11.57:07 am
May 1, 2007
legal responsibility for the information contained on this map.
http://gis.brunsco.net/pareeldata.htm 5/23/2007

Detailed Parcel Results
Page 1 of 1
Parcel Information
Find Adjoining Parcels
Find parcels that are within 1 FEET of this parcel. Find Parcels
(A value of 1 finds adioinine narcels.)
This data was last updated on May 1, 2007. Click here to create print page with map and tax
information.
Parcel Information
Parcel Number
237AA148
Sale Price
$196,000.00
Account Number
33972660
Plat Book & Page
B: P:
Owner Name
DICKENS ANDREA L
Legal Description
L-149 WESTPORT@S HARBOUR
PLAT 24/270-276
Owner Mailing
Address
Acreage
Owner Mailing
Address 2
315 NE 58TH ST
Deed Recorded
Date
M:10/6/2005
City
OAK ISLAND
Parcel Address
State
NC
Zip Code
28465
Deed Book & Page
B:2254 P:0101
Top of Page Close Parcel Information Window
Land Value $75,000.00
Building Value $189,250.00
Other Value 1$0.00-
Top of Pie. Close Parcel Information Window
Record Card
Deferred Value $0.00
Total Taxable $264,2.50.00
Value
Building Information
Heated Square
Feet
3 594
'
Exterior Wall Type
Neighborhood
Number
304B
Year Built
2006
Number of
Bedrooms
3 BEDROOMS
Municipality
OAK ISLAND
Fire Tax District
LONG BEACH
Number of Full
Baths
Township
SMITHVILLE
Story Height
Exterior Wall Type
HARDY PLANK
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Date/Time Stamp
The data effective
This map is prepared for the inventory of real property found with! n this jurisdiction, and is
date is:
compiled from recorded deeds, plats and other public records and data. Users of this map are
May 23, 2007
hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information contained on this map. The County assumes no
11:56:06 am
May 1, 2007
legal responsibility for the information contained on this map.
http://gis.brunsco.net/pareeldata.htm 5/23/2007

Detailed Parcel Results Page 1 of 1
Parcel Information
Find Adjoining Parcels
Find parcels that are within 1 FEET of this parcel. Find Parcels
(A value of 1 finds adjoining parcels.)
I This data was last updated on May 1, 2007. Click here to create print page with map and tax I
information.
Parcel Information
Parcel Number
237AA147
Sale Price
$210,000.00
Account Number
37780380
Plat Book & Page
B: P:
Owner Name
MALTROTTI CHARLES S ETUX
ROSEMARIE
Legal Description
L-150 WESTPORT@S HARBOUR
PLAT 24/270-276
Owner Mailing
Address
Acreage
Deed Recorded
Date
M:7/8/2005
Owner Mailing
Address 2
113 HORNE CREEK CT
Parcel Address
City
CARY
State
NC
"Lip Code
27519
Deed Book & Page
13:2185 P:1105
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Building Information
Heated Square Feet
Exterior Wall Type
Year Built
Neighborhood
Number
304B
Number of
Bedrooms
Municipality
OAK ISLAND
Number of Full
Baths
lFire Tax District
LONG BEACH
Township
SMITHVILLE
Story Height
Exterior Wall Type
Ton of Page Close Parcel Information Window
Date/Time Stamp
The data effective
This map is prepared for the inventory of real property found within this jurisdiction, and is
date is''
compiled from recorded deeds, piats and other public records and data. Users of this map are
May 23, 2007
hereby notified that the aforementioned public primary information sources should be consulted
for verification of the information contained on this map. The County assumes no legal
11:54:16 am
May 1, 2007
responsibility for the information contained on this map.
http://gls.brunsco.net/parceldata.htm 5/23/20.07

Detailed Parcel Results Page 1 of 1
Parcel Information
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Find parcels that are within : FEET of this parcel. Find Parcels
:..... _............
(A value of 1 finds adjoining parcels.)
This data was last updated on May 1, 2007. Click here to create print page with map and tax
information.
Parcel Information
Parcel Number
237AA 146
Sale Price
$75,000.00
Account Number
30904130
Plat Book & Page
B: P:
Owner Name
QUALITY FARM INC
Legal Description
L-151 .45AC WESTPORT@S HARB
PL-24/270-276
Owner Mailing
Address
Acreage
Owner Mailing
Address 2
5001 O'QUINN BLVD UNIT J
Deed Recorded
Date
M:6/8/2001
City
SOUTHPORT
Parcel Address
5140 MINNESOTA DR
State
NC
Zip Code
28461
Deed Book & Page
B:1470 P:0289
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Building Information
Heated Square
Feet
2,132
Exterior Wall Type
Neighborhood
Number
304B
Year Built
2001
Number of
Bedrooms
2 BEDROOMS
Municipality
OAK ISLAND
Fire Tax District
LONG BEACH
Number of Full
Baths
Township ISMITHVILLE
Story Height
Exterior Wall Type
HARDY PLANK
Tom of Page Close Parcel Information Window
Date/Time Stamp
The data effective
This map is prepared for the inventory of real property found within this jurisdiction, and is
date is:
compiled from recorded deeds, plats and other public records and data. Users of this map are
hereby notified that the aforementioned public primary information sources should be
May 23, 2007
consulted for verification of the information contained on this map. The County assumes no
11:48:45 am
May 1, 2007
legal responsibility for the information contained on this map.
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ArcIMS Viewer
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Address: 5119 Minnesota Drive, South Harbour
List Price: $ 179,900
Type Property: Residential 2
3 No: 11
Subdivision: South Harbour Village List List 311
Road Frontage: Paved
52
Topography: Wooded
Existing/Potential Utilities: Electric, Sewer, Public
Water
Financing: Conventional, Cash
Zoning: Residential
Lot Size: 50 x 132 x 50 x 133
Apx Acres: < .25
Tax Parcel: 237AA-025
Legal Description: Lot 25 Westport @Sharb Village
PL24/270-276
Deed Book/Page: 2066/0077
Procedure To Show: Show anytime.
Additional Information: Beautiful lot backing up to South Harbour Golf Course. Across from lot is park
area that overlooks water. Around corner to South Harbour Village Marina for boating and great dining! Amenities
include PAR 3 Golf, clubhouse, pool and tennis. Just minutes from the beach!
Listed By: Pat Proctor
210 Country Club Drive
Oak Island, NC 28465
910-278-5213
800-733-5213
FAX: [phone]
[e-mail]
http:// www. rudd. com
& ASSOCIATES INC UDD
HEAtiIBRS
This information, although believed to be accurate, is not guaranteed.
1023 N. Howe Street
Southport, NC 28461
910-457-5258
800-733-5258
FAX: [phone]
[e-mail]

Sep.27, 2007 10:35AM
LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY:
FISCAL YEAR ENDING:' X 2/3 1/ 0 6 POINT ASSOCIATES, LLC
SECRETARY OF STATE R.L.L.P. ID NUMBER: 0414673
NATURE OF BUSINESS:
REGISTEREDAGENT: ALTON Y. LENNON
REGISTERED OFFICE MAILING ADDRESS: PO DRAWER 59
WILMINGTON, NC 28401.
REGISTERED OFFICE STREET ADDRESS: 602 MARKET STREET
WILMINGTON, NC 28401
NEW HANOVER
SIGNATURE OFTHE NEW REGISTERED AGENT,
PRINCIPAL OFFICE TELEPHONE NUMBER: 910 —7 6 3— 3 6 6 6
No, 0820 P. 5
STATE OF INCORPORATION: NC
FEDERAL EMPLOYER ID NUMBER: 562004712
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE MAILING ADDRESS: 602 MARKET STREET
WILMINGTON, NC 28401
PRINCIPAL OFFICE STREETADDRESS: 602 XARKET STREET
WILMINGTON, NC 28401
MANAGERS/MEMBERS/ORGANIZERS:
Namo: •WILMINGTON HOLDING COName: VIABLE CORP. Name: ALTON Y. UNNON
mnie: MANAGING MEMBER Tltte: MEMBER Tltte: MEMBER
Address: 1295 NORTHERN BLVD Address[ 5001 O' QUINN BLVD Address: PO DRAWER 59
MANHASSET, NY 11030 SOUTHPORT, NC 28,461 WILMINGTON, NC 28402
CRY: City: City:
State: ZIP: State: ZIP: 8tata: ZIP:
CERTIFICATION ANNUAL RE AT MUST BE COMPL D BY ALL LIMITED LIABILITY 00MPANIES
v 10
FORM MUST BE GIG BY IVIANAGER/M ASER / DATE
WILMINGTON HOLDING CORP. MANAGING MEMBER
TYPE OR PAINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of Slats a Corporatlpne Division a Post ONlce Box 20525 a Raleigh, NC 0626-0525
809231
05.01.00

SOSID: 0162607
Date Filed: 2/2/2007 3:13:00 PM
Elaine F. Marshall
` North Carolina Secretary of State
r�%. (3s} Business Corporation 2006 262 00118
W+05 North Carolina Annual Report
This report may be tiled online at the Secretary of State website: www.sosnc.com _
Name of Business Corporation: WILMINGTON HOLDING CORP
cal Year Ending• 12-31-05
Month / Day / Year
Secretary of State 10 Number
Nature of Business -
REAL ESTATE
Registered Agent.
Registered Office Mailing address:
City.
KANfi-A,
Registered Office Street Address:
City.
Signature of New Registered Agent -
(signature consMoles consent to the appom6nent)
Principal Office Telephone Number
. [phone]
Principal Office Marling Address
1295 NORTHERN BLVD
City
FANHASSET, NY 11030
Principal Office Street Address
1295 NORTHERN BLVD.
City.
MANHASSET, NY 11030
Name Title. and Business Address of Principal0tficers.
Name:ROY NESTER
Address 1295 NORTHERN BLVD
MANHASSET, NY 11030
State of Incorporation: NC
Federal Employer ID Number:
State.
State -
Stale.
State:
Title. PRESIDENT
. -Zip ._
Redaction
Name LINDA CRONIN Title- SECRETARY —�
Address: 1295 NORTHERN BLVD
MANHASSET, NY 11030
State Zip. .,
Name CAROL DICONZA Title: ASST SEC, VICE
Address 1295 NORTHERN BLVD
MANHASSET, NY 11030
State--- .—
Certification of annual report (Must be completed by all Business Corporations).
Vi_ r
Imusf ony nHivoofaorporahon)Smvto
569511 r t t .0.1 05 Type or Pant Name
_,Zips
PRES
---�-0 6
Dais
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I;79A j09!
Attachment for Additional Place this tormdirectly
YWI'1101111101 Principal Officers behind form CO.479.
Name of Corporation WILMINGTON HOLDING CORP FEIN lPrivacy
ieramrrar-rrnr]
Name:THOMAS NUZIO Title. VICE PRES
Address: 1295 NORTHERN BLVD
MANHASSET, N'J. 11030
City: Slate: zip:
Name: Title:
Address:
City:
State:
Zip.
Name:
Title..
Address:
City:
State:
Zip:
Name:
Title
Address:
City:
State
Zip:
Name,
Title:
Address:
Cif
State:
Zip.
Name:
Title:
Address -
City.
State
Zip:
Name.
Tale.
^—
Address
City:
State
Zip -
Name -
Title.
Address.
City:
State:
Zip
Name:
Title.
Address -
city
Stale-
Zip
Name
Title
Address
City
State
Zip
Name
Title
".
Address -
City:
State:
Zip
Name.
Title
Address
City:
Stale
Zip -
Name
Title.
Address
City
State
zip
Name.
Title
Address
City
State.
Zip
569521;tt-w-rj-1

Page 1 of 2
ect Parcel: 237AA009
Brunswick County Parcel Report
Parcel Information:
Field Address:
5112 MINNESOTA
Parcel:
237AA009
Account Number:
30237120
Parcel Description:
L-9 WESTPORT Q S HARB
VILL PL-24/270-276
Deed Book:
2069
Deed Page:
0585
City Id:
14
City Name:
OAK ISLAND
Impl_Use
SINGLE FAMILY
_Name:
RESIDENTIAL
Imp2_Model_Name:
SFR CONSTRUCTION
Street Number:
5112
Street Name:
MINNESOTA
Street Type:
DR
Street Direction:
Street Blvd:
Street Zip:
28461
Tax Payer Name: COASTAL LIFESTYLES INC
Address Line 1:
Address Line 2: 5112 MINNESOTA DR
City: SOUTHPORT
State: NC
Zip Code: 28461
Sale Book:
2069
Sale Page:
0585
Sale Month:
01
Sale Year:
2005
Parcel Information:
No. Of Bedrooms:
Bath Restrooms:
Fireplace:
No. Of Stories:
Air Condition
Type:
Heat Type:
Heating Type:
Interior Flooring
Namel
Interior Flooring
Name2:
Interior Wall
Name 1:
Interior Wall
Name2:
Roofing
Type:
Roofing Structure
Name:
Exterior Wall
Typel:
Exterior Wall
Type2:
Actual Year Built:
Eff: Year Built:
Heat Sq:
Total Sq:
Fire Code Name:
SAD Name:
Floors:
Location:
Units:
Land Type:
Structure Frame:
Ceil Insulation:
Rooms Per:
Common Wall:
Wall Height:
2 BEDROOMS
3.0
PREFAB
2.5 STORIES OR
MOR
CENTRAL
HEAT PUMP/GAS
PACK
GAS
CARPET
CUSTOM /
INTERIOR
ASBESTOS
SHINGLE
GABLE OR HIP
WD/VINSG/LOG
2004
2004
2,600
LONG BEACH
00
00
DO
00
00
00
Appraisal Information:
R_Land_Val:
65000
RDeffered_Val:
0
ROther_Val:
R__Home_Val:
231260
R__Total_Val:
298290
Exmp_Code:
R_Code:
Subarea.Desc:
Pet —Base:
0.00
Quality Adj:
4
Quality Adj. Name:
ABOVE AVG
Last Update:
3/19/06
Cards No.:
1
Card No. Of:
1
Neighborhood:
304B
Econ_Obs:
00
Func Obs:
00
Spec —Code:
00
PercentCond: 00
HVAC_
http://egs.brunsco.net:8080/EGSV2BWK/PCParcelReport.do?prclno=237AA009 3/30/2006

January 27, 2006
North Carolina Dept of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC, 28405
Mr. Ed Beck
Dear Mr. Beck,
Some time last August, we visited for a brief period to discuss the permits listed on
our deeds and covenants SW8 000204 and SW8 990851. We were trying to
determine if any design drawings were filed and to obtain any documentation which
was a matter of public record. We were given copies of the drawings submitted for
the water runoff permits and the associated documentation. Our purpose was related
to our fiduciary responsibility as Directors of our Property Owners Associations and
relative to any subsequent transfer of title of developer owned property to any of our
member associations. We then revisited you in September and had a brief
discussion in your lobby.
A review of these documents raises concerns that water runoff problems which we
are experiencing are directly related to the "as -built" conditions. Standing and
ponding water in swale ditches continues to be a problem. We feel the deterioration
of our roads is related to the standing water conditions. We have attached several 8
x 11 copies of sections of the permit drawings which we have noted as problem
areas and also indicated areas having standing water and water -runoff problems.
There are no design drawings with any PUD filing to be found with the originating
municipal authority, the Southeast Brunswick Sanitary District. The design drawings
submitted to NC DENR for permitting water runoff depict road cross-section design
and swale fall requirements.
The standing water in roadside ditches on Vanessa Dr. is an indication of either
improper finished grades or a reduction in the flow areas from the original design.
RCP underflows for roads and ditches are installed well below bottom of swale
elevations greatly reducing their effective flow areas. Design on the NC DENR
drawings, for example specified a 42" size culvert under Minnesota Dr at the west
side, across from the school property. Two (2) 30" pipes are installed. They are
extended east some distance and are installed well below the existing swale bottom
elevations. A second example would be the culvert pipe size specified by these
same drawings for Glen Cove Drive in that same area. A 36" culvert pipe is specified.
Two (2) 24" pipes are installed. Immediately to the west of that culvert, at the
driveway entrance to the school, only one (1) 24" pipe is installed under that
driveway. This is not shown anywhere on the permit drawings. This culvert is on the
downstream side of the indicated drainage flow from the pipes under Glen Cove
Drive. "As -built" swale bottom grades along all of these areas seem to be higher than
the bottom of underfloor pipe. These are shown on attached sheets 1 of 2.
A second area of concern on Glen Cove Dr. is on the northwest quadrant of the
permit drawing SW8-000204. A road underflow, on the north part of Glen Cove Dr.
across from lot 66, shows a 24" RCP draining to lots 23 and 24 and then to the
northern -most property line on lots 23 and 24. DENR drawings show a 20' drainage

area running south to north which has yet to be installed. As a result storm water run-
off is trapped on the south side of Glen Cove Dr in front of properties 66, 67, and 68.
Storm -water run-off in front of properties 62, 63, and 64 runs to the street west and
north not to the swale on the east and south side of Glen Cove Dr. Road side
erosion has now developed on the east and north sides of Glen Cove Dr at property
s 27, 28 and 29. See sheet 2 of 2, attached.
Contour elevations throughout the golf course with just minimum review of the as -
built changes seem to differ from the approved design, especially on the back nine
located north of Vanessa Drive. We have reason to believe the "as -built" conditions
are not as depicted on the permit drawings. These are but several examples of some
of the drainage problems we have encountered and we have not reviewed all areas
of both drawings.
We wish to register our concerns as our transition period for our Homeowners
Association started in November of 2005, and we want to be on record as having
notified you of our concerns. We are acting as and for the Board of Directors for the
Glen Cove Homeowners Association and the Westport Homeowners Associations of
South Harbour. We have been advised by the developer that the roads, and we
assume related permits, will be transferred to the South Harbour Master Association
sometime within the next sixty days. Does DENR make any on site inspections prior
to any such changes in common property ownership?
Thanking you in advance for your prompt consideration in this matter,
We remain,
ennis Maned, Pres
Glen Cove HOA,
5021 Glen Cove Drive, South Harbor 28461 Phone: [phone]
*AnthoCommasso, Pres
Westport HOA,
5188 Minnesota Drive, Southport, NC 28461 Phone: [phone]

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IFeb
`20 04 10:20a SMML&T
9102519562
STEVENS, MCGHE H'E gOR N. LENNOS ATOLL, L.L.P.
ATroR
GdE MARKET STREET
WILMINGTON. N. C. 28401
5 10-763-3666
j..,, A. StEvENS C I BG5- 1 SGO) MAILING ADDRES=:
I<ARL W. W.CGt+EE ( 1 GP.3-1 GS 1) P. O. DRAWER S9
RIc:+AR'J M. MORGAN WIL.M,NOTON, N.C.28AC2
ALTO,, Y .LENNON
A'AN E. TcLL . FACSIMILE:
MARK F. CARTER G 1 0-25 1 -9562
(CURT B. FRTAR
FACSIMILE COVER PAGE
TO:
r
FROM:
DATE:
N0. OF PAGES: INCLUDING COVER PAGE
FAX NUMBER : 3`SO Da
RE:
L marls
00,
AR: IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEA63 CONTACT
TO RECETHOSE TO
ALL PAGES HEREOF CONTAIN ATTORNEY pRIVILEGED AND CONFIDENTIAL IN?DISTRIBU ON R COPY vI'3ER THAN TUE
ANY PLEASE IiAKE�.1? _ _L_ NOTIFY US A.
WHOM ADDRESSED ABOVE AREY HEREBYNOTIFIED
RICE VEDTT'dTS O�IIdL7NiCATNOyTO,VSPaT DISTRIBUTION
ABOVE ADDRESS FVIA THAXY �VNITED F I
STRICTLY PROEIEZTED17 -
TELsPFONE NUMBER SHOWN ABOVE AND RETL'R_N THE ORIGIN\L MESSAGE
STATES MAIL- THANK YOU.

Feti 20 04 10:20a SMML&T 9102519562 P•2
STEVENS, Mr -GHEE, MORGAN, LENNON & TOLL, L.L.P.
ATTORNEYS AND COUNSELORS AT IAUN
602 MARKET STREET
WILMINGTON. N.C. 28401
PHDNE: 9 1 0-753-31566
JOHN A. STEVENS l l 805- 1 9901
KARL W. MCGHEE (1923-198 11
RICHARD M. MORGAN
ALTON Y. LENNON
ALAN E. TOLL
MARK F. CARTER
KURT B. FRYAR
February 20, 2004
MAJLING ADDRESS:
P. O. DRAWER 59
WILMINGTON, N.G. 28402
FACSIMILE: 9 10.25-9 552
FOR DELIVERY by Facsimile Transmittal only to: 910-350-2004
NORTH CAROLINA DEPARTMENT OF .ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WILMINGTON REGIONAL OFFICE
127 Cardinal Drive
Wilmington, N.C. 28405
ATTENTION: MR. RICK SHIVER, WATER QUALITY REGIONAL SUPERVISOR
RE: WESTPORT SUBDIVISION, Storm -water Management Permit #SW8990851
Dear Rick:
at Ed Burnett has called Linda youted toLewis
and
keephas
upfaxed
the
I understand th
enclosed sketch and explanation to her- ansed and would appreciate
date. I will try to continue to keep Y else at this time.
your letting me know if we need to do anything
Thanks again for your cooperation.
Yours truly,
STEVENS, MCGHEE, MORGAN, LENNON & TOLL, LLP
- - -,--I
CC: POINT ASSOCIATES, LLC
Mr. Dan Hilla, gill& Builders,. Inc.
Mr. E. L. Burnett, III
AYL2003H:PT138HNR2-20-04

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February 16, 2004
NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Fax. [phone]
*th CAWLO'XX
� a4�EREO IUIY i
Attention: Mr Rick Shiver, Water Quality Regional Supervisor
Dear Sir:
I am in receipt of your letter of February 10, 2004 to Mr E Burnett concerning
Stormwater Management violations in Westport Subdivision in Brunswick County.
Additionally, this office and I shall concur with your request to consider withholding
permits and Certificates of Occupancy on projects in this area. In fact, we have already
notified the following builders who either have projects started, or have expressed
interest in building in the affected area, that there are problems which may soon impact
their individual project(s).
1. Dan Hilla Builders, Wilmington, NC
2. Blake Home Builders, Southport, NC
3. Ron Pickler Construction, Oak Island, NC
4. Kyle Johnson, Individual Owner
5. Bill Clarke Homes, Wilmington, NC
6. Charles Benton, Individual Owner
7. Town and Country Developers, Wilmington and Raleigh, NC
Please keep me informed of developments in this situation. In the meanwhile, if I or this
office can be of any assistance, please contact me. Thanking you for your attention to
this matter, I am,
Sincerely yours,
G. v
Emerson C (Brook) Russell, JR
Building Inspector
CC. Steve Edwards ,.562¢
Fred Fulcher
4601 E. Oak Island Drive - Oak Island, North Carolina 28465
Phone: [phone] - Fax: [phone] - E-mail: [e-mail] - Website: www.oakislandnc.com

STEVENS, MCGHEE, MORGAN, LENNON & TOLL, L. L.P.
ATTORNEYS AND COUNSELORS AT LAW
602 MARKET STREET
WILMINGTON, N.C. 28401
PHONE: [phone]
JOHNARL_ A. STEVENS ( I T� TT T
KARL W. MCGHEE ( I - 1 V `L1J •,L■ RICHARD M. MOROA MAILING ADDRESS:
ALTON Y. LENNON P. O. DRAWER 59
ALAN E, TOLL 7 2004 WILMINGTON, N.C, 28402
FEB
MARK F. CARTER FACSIMILE: 91 0-25-9562
KURT 8. FRYAR
DWQ
PROM # Stut? �1cfU 85 February 16, 2004
FOR DELIVERY BY HAND:
And by Facsimile Transmittal to: 910-350-2004(without attachments)
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WILMINGTON REGIONAL OFFICE
127 Cardinal Drive
Wilmington, N.C. 28405
ATTENTION: MR. RICK SHIVER. WATER QUALITY REGIONAL SUPERVISOR
RE: Letter dated February 10, 2004 concerning VILLAGE GREEN
TOWNHOUSES and WESTPORT SUBDIVISION, Storm -water Management
Permit #SW8990851
Dear Mr. Shiver:
I have been asked by our client, Point Associates, LLC, to respond to
your above noted letter. a copy of which is attached.
In that regard, we do submit herewith the following:
PLEASE SEE ATTACHED DOCUMENTS for Westport Subdivision and
for Village Green Townhomes at South Harbour Village at Westport
Please be advised that the Declaration of Covenants, Conditions, and
Restrictions WESTPORT AT SOUTH HARBOUR VILLAGE were recorded in the
Brunswick County, North Carolina, Registry, prior to the conveyance of any
lots within Westport Subdivision and that each lot was conveyed
specifically subject to that Declaration which sets forth "built upon
area" limitations and restrictions. For example, on September 20, 2000,
Lot 12, Westport, was conveyed subject to the Declaration which had been
previously recorded. A copy of that deed is included. However, the
Declaration of Covenants, Conditions, and Restrictions for Westport has
been, as indicated, amended and/or supplemented from time to time.

Mr. Rick Shiver
NCDENR
Water Quality Division
February 16, 2004
Page Two:
Concerning Village Green Townhomes at South Harbour Village at
Westport, please refer to the above noted documents. These documents were
amended six months ago on August 14, 2003, to, among others things,
reflect a permitted change in the "Built Upon Area." Lots within Village
Green which have been conveyed within the last six months have been
conveyed subject to the amended Declaration.
Please note the enclosed copy of Deed dated March 7, 2002, and
recorded in Book 1561 at Page 110 of the said Brunswick County Registry.
Therein lots in Village Green were conveyed to Hilla Builders, Inc. with
the "Built Upon Area" specifically stated. Other lots have been conveyed
by our client to Hilla Builders, Inc., subject to the Declarations, as
amended and supplemented, which documents set forth the "built upon area"
limitations, and which instruments of conveyance are also made subject to
"all land use ordinances, statutes, and regulations." Further, and as
particularly relates to Village Green Townhomes, we have been assured by
Dan Hilla, President of Hilla Builders, Inc., that his corporation has
very carefully followed all of the conditions of the Storm -water permit
applicable to this development area.
We were certainly not aware that our client, or any of its successors
in title, had exceeded the "built upon area, limitations and restrictions
as have been established by your office and set forth in the applicable
storm -water permit(s). If you believe this to be the case, I ask that you
promptly contact the undersigned personally.
The Division of Water Quality can be assured that all future lots or
parcels transferred by our client within the subject developments shall be
conveyed with deed restrictions limiting the amount of built upon area to
that which has been established by the State of North Carolina through
your offices. We hope that above and this "Plan of Action" provides the
information you require and apologize for any confusion or inconvenience.

Mr. Rick Shiver
NCDENR
Water Quality Division
February 16, 2004
Page Three:
Please advise the undersigned if further information or action is
needed by us at this time. Meanwhile, with kind regards, we remain
Yours truly,
STEVENS, McGHEE, MORGAT, LENNON & TOLL, LLP
Y. Lennon
CC: POINT ASSOCIATES, LLC
Mr. Dan Hilla, Hilla Builders, Inc.
Mr. E. L. Burnett, III
AYL2003H:PTDENHRLT2-16-04

DOCUMENTS FOR WESTPORT AND VILLAGE GREEN -ATTACHED TO LETTER OF
FEBRUARY 16, 2004 .
All of these documents, with the exception of document # 5, Declaration of Covenants
and Restrictions Village Green Property Owners, Inc. at South Harbour Village at Westport,
were prepared by Stevens, McGhee, Morgan, Lennon & Toll, LLP.
WESTPORT SUBDIVISION
1. Declaration of Covenants, Conditions, and Restrictions Westport at South Harbour Village,
recorded in Book 1403, Page 742, Brunswick County Registry.
2. Deed from Point Associates, LLC to Pamela P. Williams, recorded in Book 1404, Page 382,
Brunswick County Registry.
3. First Amendment to the Declaration of Covenants, Conditions, and Restrictions of Westport at
South Harbour Village, recorded in Book 1820, Page 860 and re -recorded in Book 1827, Page
743, Brunswick County Registry.
4. Second Amendment to the Declaration of Covenants, Conditions, and Restrictions of Westport
at South Harbour Village, recorded in Book 1894, Page 998, Brunswick County Registry,
VILLAGE GREEN TOWNHOMES AT SOUTH HARBOUR VILLAGE AT WESTPORT
5. Declaration of Covenants and Restrictions Village Green Property Owners, Inc. at South Harbour
Village at Westport, recorded in Book 1529, Page 663, of said Brunswick County Registry.
6. Deed from Point Associates, LLC to Hilla Builders, Inc., recorded in Book 1561, Page 110,
Brunswick County Registry.
7. First Amendment to the Declaration of Covenants and Restrictions for Village Green
Townhomes at South Harbour Village at Westport, recorded in Book 1805, Page 921, Brunswick
County Registry.
8. First Supplement to the Declaration of Covenants and Restrictions for Village Green Townhomes
at South Harbour Village at Westport, recorded in Book 1805, Page 917, Brunswick County
Registry.
9. Second Supplement to the Declaration of Covenants and Restrictions for Village Green
Townhomes at South Harbour Village at Westport, recorded in Book 1810, Page 1142,
Brunswick County Registry.
10. Third Supplement to the Declaration of Covenants and Restrictions for Village Green
Townhomes at South Harbour Village at Westport, recorded in Book 1895, Page 131,
Brunswick County Registry.
MisAug03.DENRFeb.16

�OF WATF,QP Michael F. Easley, Governor
p G William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
>` r
O Alan W. Klimek P.E.,Director
Division oftiNater Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
1=ebruary 10, 2004
CERTIFIED MAIL #7002 1000 0005 23901222
RETURN RECEIPT REQUESTED
Mr. Edwin L. Burnett, Managing Member
Pointe Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
Subject: NOTICE OF VIOLATION
Village Green Townhouses and Westport Subdivision
Stormwater Permit No. SW8 990851
Brunswick County
Dear Mr. Burnett:
On August 7, 2003, the Wilmington Regional Office of the Division of Water Quality
requested that you submit a copy of the recorded deed restrictions for the subject
project, located off Fish Factory Road near Southport in, Brunswick County, North
Carolina. The deed restrictions are a requirement of the Stormwater Management
Permit, Number SW8 990851, issued to you on June 6, 2002.
The project has been found in violation of Stormwater Permit Number SW8 990851,
issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are:
1. Section 11.5 - 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.
To date, a copy of the required deed restrictions has not been submitted,
despite a request dated August 7, 2003.
2. Section 11.4 - Deed restrictions must be recorded prior to the sale of any lot.
Several lots have already been built or are currently under construction
without benefit of a deed restriction limiting he amount of built -upon area.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before March 10, 2004.
2. Record the deed restrictions, as were submitted by your attorneys on May 28,
2002,. and submit a copy of the recorded document to the Division.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

Mr. Burnett
Permit No. SW8 990851
February 10, 2004
Failure to provide the "Plan of Action" by March 10, 2004, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
21-1.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis or me at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS1arl: S:IWQSISTORMWATINOTICE1990851.feb04
cc: Phil Norris, PE
Steve Edwards, Oak Island Development Services
Linda Lewis
Central Office
Page 2 of 2

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State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: 2, 6 3
To: A,-11�'
CO:
FAX #: t4 6 %— Lda
REMARKS
No. Of Pages:
From: o✓
CO: AJ&
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

* * * COMMUNICATION RESULT REPORT ( AUG.13.2003 11:28AM )
P. 1
FILE MODE
735 MEMORY TX
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
S
0 \N A �'q
CO
TTI NCDENR WIRO
ADDRESS (GROUP) RESULT PAGE
------------ ------------------------------ -----------
9-3439604 OK P. 6/6
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross, Jr. Secretary
North Carolina department of Environment and Natural Resources
June 6, 2002
Alan W. Klimek P.E., Director
Division 6f Water Quality
Wilmington Regional Office
Mx. Edwin L. Burnett, Managing Member
Pointe Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
Subject: Permit No. SW8 990851 Modification
Village Crreen Townhouses and Westport Subdivision
Low Density Subdivision Stormwatar permit
Dear Mr. Burnett; Bn=wicic County
The XVik gton Regional Deice received a complete StormWater Management Permit Application for Village
C=en Townhouses and Westport Subdivision on May 28, 2002. Staff review Of the plans and specifications has
determined that the proj eat, as proposed, will comPlywrth the Sta mwater Regulations sat forth in, Title 15A NCAC
2111000. We are forwarding Permit No. SW8 990851 Modification, dated Tune 6 2002 for the construction of
the project Village Green Townhouses and Westport Subdivision. '
This pit shall be of eotive from the date of issuance until rescinded and shah be subject to the conditions and
limitations as specified therein, and does riot supercede any other agency permit that may be required.
If any ems, regWre-- a ts, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatoryhearingupon wAttenrequest within thirty (30)days fullowinereceirtofthia mm it

* * * COMMUNICATION RESULT REPORT ( AUG.12.2003 12:
FILE MODE OPTION
701 MEMORY T
REASON FOR ERROR
ADDRESS (GROUP)
B-9194676008
P. 1
TTI CDENR WIRO
RESULT PAGE
—1------------------
P. 7/7
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: e 3 No. Of Pam:
To: From:
CO: CO:
FAX #: 7� G� FAX#: [phone]
REMARKS
127 Cardinal Drive extension, Wilmington. N.C. 26405-JR49 Telephone [phone] Fax (910) 35MG04
An Equal Opportunity Affirmative Action Employar

of wAlzR Michael F. Easley, Governor
P William G. Ross Jr., Secretary
QNorth Carolina Department of Environment and Natural Resources
r Alan W. Klimek PE.,Director
i _ i -i
0 Division ofWiter Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 7, 2003
Mr. Edwin L. Burnett, Managing Member
Pointe Associates, LLC
3950 Old Bridge Road
Southport, NC 28461
REQUEST FOR RECORDED DEED RESTRICTIONS
Village Green Townhouses and Westport Subdivision
Stormwater Prdject No. SW8 990851
Brunswick County
Dear Mr. Burnett:
On June 6, 2002, the Wilmington Regional Office issued a stormwater management
permit to you for Village Green Townhouses and Westport Subdivision. Per the
requirements of the permit, the deed restrictions must be recorded prior to selling any
lots, and a copy of the recorded deed restrictions must be forwarded within 30 days of
the date of recording. A review of our files indicates that, as of this date, a copy of the
recorded amendment regarding the swapping of BUA for Lots 1 and 144 was submitted,
but the deed restrictions for the remaining 143 lots in the subdivision have not been
received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your permit, and subject to enforcement action. Please forward a
copy of the recorded deed restrictions to this Office at the address below by September
7, 2003, or enforcement action may be initiated and may include recommendations for
civil penalties and/or rescinding of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
4nG '0�6"
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIDEEDREST1990851.aug03
cc: Town of Southport, County Inspections
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]