SW8990306_Historical File_20010410

,North Carolina
Department of Environment and Naturasources
FA
Division of Water QualityAlf
Wilmington Regional Office
Michael F. Easley, Governor 1CDEI1R
Jr., Secretary DEPARTMENT G. Ross, NORTH CAROl INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 10, 2001
Mr. Raiford G. Trask, Jr., Owner
1202 Eastwood Road
Wilmington,NC 28403
Subject: Permit No. SW8 990306 (A4 d Jz"►l i I
Westfall Office Park
High Density Stormwater Project
New Hanover County
Dear Mr. Trask:
The Wilmington Regional Office received a complete modification to the Stormwater Management Permit
Application for Westfall Office Park on February 23, 2001. 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 990306 dated April 10,2001,for the construction of Westfall Office
Park.
This permit shall be effective from the date of issuance until April 10,2011, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit.Failure to establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems.
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request an
adjudicatory hearing upon written request within thirty(30)days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings,P.O. Drawer 27447,Raleigh,NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or
me at [phone].
Sincerely,
cV 4
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\990306.APR
cc: John Tunstail, P.E.
Tony Roberts,New Hanover County Inspections
Beth Easley,New Hanover County Engineering
Linda Lewis
Wilmington Regional Office
Central Files
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 1 50%recycled/10% post-consumer paper

State Stormwater Management Systems
Permit No. SW8 990306
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as amended,and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Raiford G. Trash Jr., Owner
Westfall Office Park
New Hanover County
FOR THE
construction,operation and maintenance of 4 wet detention ponds 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.
This permit shall be effective from the date of issuance until April 10, 2011 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit,the Project Data Sheet. The stormwater controls have been designed to handle the runoff
from a specific amount of built-upon area as follows: Pond 1 @205,644 ft2, Pond 2 @589,464 ft2, Pond 3
@285,841 ft2 and Pond 4 @710,028 ft2.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The built-upon area draining to each pond, and for the total tract will be limited as indicated on page 3 of
this permit, and per the approved plans.
5. No lot lines have been shown on the plans. The maximum lot built-upon area is calculated as 85% of the
individual lot area.
2

State Stormwater Management Systems
•
Permit No. SW8 990306
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Westfall Office Park
Permit Number: SW8 990306
Location: New Hanover County
Applicant: Mr. Raiford G. Trask, Jr., Owner
Mailing Address: 1202 Eastwood Road
Wilmington,NC 28403
Application Date: April 10, 2001
Water Body Receiving Stormwater Runoff: UT Howe Creek(CFR 18-87-23)
Classification of Water Body: "SAORW"
If Class SA, chloride sampling results: 31 ppm(outside 575' AEC)
POND 1 POND 2 POND 3 POND 4
Pond Depth, feet: 7.5 7.5 7.5 7.5
Permanent Pool Elevation, FMSL: 13.5 14.3 15 14
Total Impervious Surfaces, ft2: 205,644 589,464 285,841 710,028
Lot Area @85%, ft2: 176,244 558,352 285,841 666,468
Road Area, ft2: 29,400 31,112 -0- 43,560
Offsite Area entering Pond, ft2: None,per Engineer
Required Surface Area, ft2: 7,015 20,477 9,786 22,923
Provided Surface Area, ft2: 8,337 22,052 12,511 36,000
Required Storage Volume, ft3: 16,558 47,333 23,003 57,817
Provided Storage Volume, ft3: 19,631 54,250 28,806 68,580
Temporary Storage Elevation, FMSL: 15.5 16.5 17 15.35
Controlling Orifice,pipe diameter: 2"4) 3"4) 2"43, 3"
3

State Stormwater Management Systems
Permit No. SW8 990306
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built-upon surface.
2. During construction,erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including,but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date,activity,name of person performing the work and what actions
were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans.This permit shall become voidable unless
the facilities are constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
7. Upon completion of construction,prior to issuance of a Certificate of Occupancy,and prior to operation of
this permitted facility,a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit,the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable
built-upon area.
10. The runoff from all built-upon area on the project must be directed into the appropriate permitted stormwater
control system.
11. If the stormwater system was used as an Erosion Control device,it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
12. All future development projects within the drainage area of any pond must submit proposed plans to the
Division for approval prior to construction. If the project is owned by the permittee, a separate permit will
not be required. If the project has been sold,the new owner must submit an offsite permit application. In
either case, development plans must be submitted for approval.
4

State Stormwater Management Systems
•• •
Permit No. SW8 990306
13. Prior to the sale of any portion of the property,the following statements and restrictions must be recorded
with the Register of Deeds:
a. The built-upon area is limited to a maximum of 85%of the lot area. Built-upon area includes, but
is not limited to, structures,asphalt,concrete,gravel,brick, slate and coquina,but does not include
raised, open wood decking, or the water surface of swimming pools. The allotted amount of built-
upon area must cover that portion of the right-of-way between the front lot line and the edge of
pavement.
b. All runoff from the built-upon area on the lot must be directed into the forebay of the appropriate
detention pond, as indicated on the approved plans.
14. A copy of the recorded deed restrictions must be submitted within 30 days of recording.
15. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if
access to the stormwater facilities will be restricted by the sale of any portion of the property.
16. The following items will require a modification to the permit:
a. Any revision to the approved plans,regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
17. The Director may determine that other revisions to the project should require a modification to the permit.
18. 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.
19. The area of the project to the north of Pond 4, as shown on the approved drainage area map, that is not
included in the drainage area of any pond, must submit for either a permit modification or an individual
permit prior to any development.If this area is sold,the permittee must provide the Division with the name,
address and phone number of the new owner, in writing.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership,or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee,documentation from the 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.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,
regulations, or ordinances which may be imposed by other government agencies(local, state,and federal)
which have jurisdiction.
5

State Stormwater Management Systems
Permit No. SW8 990306
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
7. The permittee shall notify the Division of any name,mailing address,or ownership changes within 30 days.
8. Built-upon area includes,but is not limited to,structures,asphalt,concrete,gravel,brick,slate and coquina,
but does not include raised, open wood decking, or the water surface of swimming pools.
Permit issued this the 10th day of April, 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r'- kQ
Kerr. T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990306
6

A&K#98244
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Date Received Fee Paid 5w pgrrpo mb r M
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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):
Raiford G. Trask, Jr.
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Raiford G. Trask, Jr., Owner
3. Mailing Address for person listed in item 2 above:
1202 Eastwood Road
City: Wilmington State: NC Zip: 28403
Telephone Number: [phone]
4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on
plans, specifications,letters,operation and maintenance agreements, etc.):
Westfall Office Park
5. Location of Project(street address):
Military Cutoff Road
City: Wilmington County: New Hanover
6. Directions to project(from nearest major intersection):
Approximately 1.5 miles south of intersection of Eastwood Road and Highway 17.
7. Latitude: 34° 14' Longitude: 77°49' of project
8. Contact person who can answer questions about the project:
Name: John S. Tunstall, P. E. Telephone Number: [phone]
II. PERMIT INFORMATION
1. Specify whether project is(check one): New Renewal X Modification
Form SWU-101 Version 3.99 Page 1 of 4

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 990306 And its issue date(if known) 7/8/99
3. Specify the type of project(check one):
Low Density X High 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
1 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.
Stormwater pond designated for 90% TSS
2. Stormwater runoff from this project drains to the Cape Fear River Basin.
3. Total Project Area: 57.23 4. Project Built Upon Area: 41.11 ac/71.8 %
5. How many drainage areas does the project have? 4
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.
Basin In41"14Mign Drainage Area 1 Drainage Area 2
Receiving Stream Name See Attached
Receiving Stream Class
Drainage Area
Existing Impervious * Area
Proposed Impervious* Area
%Impervious* Area(total)
bupervious* .urfagg Area Pisi..:ag a Ana1 garage Are... 2
On-site Buildings
On-site Streets
On-site Parking
On-site Sidewalks
Other on-site
Off-site
Total: Total:
*Impervious area is defined as the built upon area including, but not limited to,buildings, roads,parking areas
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7.. How was the off-site impervious area listed above derived? All drainage areas were computer
generated.
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.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number 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 85% squarefeet 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.
3. Swales shall not be filled in,piped or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
5. All permitted runoff from 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 recorded 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(919)733-5083 for
the status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-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 SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

•
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.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
i s
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable supplement form(s)for each BMP
• Permit application processing fee of$420(payable to NCDENR) f*'
▪ Detailed narrative description of stormwater treatment/management
. Two copies of plans and specifications, including:
- 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 firm so that they may provide information on your
behalf,please complete this section.
John S. Tunstall. P. E.
Designated agent(individual or firm): Andrew&Kuske Consulting Engineers, Inc.
Mailing Address: 902 Market Street
City: Wilmington State: NC Zip: 28401
Phone: (910) 343-9653 Fax: (910) 343-9604
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Raiford G. Trask, Jr.
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: v2'0Z©-0 /
Form SWU-101 Version 3.99 Page 4 of 4

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A&K//98244
Permit No. Slav 99/). 1,
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
I. PROJECT INFORMATION(please complete the following information):
Project Name: Westfall Office Park
Contact Person: John Tunstall Phone Number: ( 910 ) 343-9653
For projects with multiple basins, specify which basin this worksheet applies to: 1
Basin Bottom Elevation 6.0 ft. (average elevation of the floor of the basin)
Permanent Pool Elevation 13.5 ft. (elevation of the orifice)
Temporary Pool Elevation 15.5, ft. (Elevation of the discharge structure overflow)
Permanent Pool Surface Area 8,337 sq, ft. (water surface area at the orifice elevation)
Drainage Area 6.25 ac. (on-site and off-site drainage to the basin)
Impervious Area 4.72 ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume 30,373 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 1 2,631, cu. ft. (volume detained above the permanent pool)
Forebay Volume 6,080 cu. ft.
SA/DA1 used 2.8 (surface area to drainage area ratio)
Diameter of Orifice 2"k in.
Design TSS Removal 90 % (85% TSS removal required, see item k below)
IL REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
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. If a requirement has not been met,attach justification.
Form SWU-102 Rev 1/August 1998 Page 1 of 6

Permit No. 5W S qqo 3000
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
L PROJECT INFORMATION(please complete the following information):
Project Name: Westfall Office Park
Contact Person: John Tunstall Phone Number: ( 910 ) 343-9653
For projects with multiple basins, specify which basin this worksheet applies to: 2
Basin Bottom Elevation 6.8 ft. (average elevation of the floor of the basin)
Permanent Pool Elevation 14.3 ft. (elevation of the orifice)
Temporary Pool Elevation 16.5 ft. (Elevation of the discharge structure overflow)
Permanent Pool Surface Area 22,052 sq. ft. (water surface area at the orifice elevation)
Drainage Area 17.21 ac. (on-site and off-site drainage to the basin)
Impervious Area 13.53 ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume 83,070 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 54,250 cu. ft. (volume detained above the permanent pool)
Forebay Volume 16,615 cu. ft. 7,725 Ft3 South Forebay
8,890 Ft3 West Forebay
SA/DA1 used 2.55 (surface area to drainage area ratio)
Diameter of Orifice 3" in.
Design TSS Removal 90 % (85% TSS removal required, see item k below)
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
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. If a requirement has not been met, attach justification.
Form SWU-102 Rev 1/August 1998 Page 2 of 6

Permit No. SM/& Igo 3CX0
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
L PROJECT INFORMATION(please complete the following information):
Project Name: Westfall Office Park
Contact Person: John Tunstall Phone Number: ( 910 ) 343-9653
For projects with multiple basins, specify which basin this worksheet applies to: 3
Basin Bottom Elevation 7.5 ft. (average elevation of the floor of the basin)
Permanent Pool Elevation 15.0 ft. (elevation of the orifice)
Temporary Pool Elevation 17.0i ft. (Elevation of the discharge structure overflow)
Permanent Pool Surface Area 12,511 sq. ft. (water surface area at the orifice elevation)
Drainage Area 8.62 ac. (on-site and off site drainage to the basin)
Impervious Area 6.56 ac. (on-site and off-site drainage to the basin)
Permanent Pool Volume 47,104 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 28;806 cu. ft. (volume detained above the permanent pool)
Forebay Volume 9,450 cu. ft.
SA/DA1 used 2.8 (surface area to drainage area ratio)
Diameter of Orifice 2" in.
Design TSS Removal 90 % (85%TSS removal required, see item k below)
IL REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 21I .1008.
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. If a requirement has not been met, attach justification.
Form SWU-102 Rev 1/August 1998 Page 3 of 6

Applicants Initials
a. The temporary pool controls runoff from the 1 inch storm event.
b. The basin length to width ratio is greater than 3:1.
c. The basin side slopes above the permanent pool are no steeper than 3:1.
d. A submerged and vegetated perimeter shelf at less than 6:1 is provided(show detain.
e. Vegetation above the permanent pool elevation is specified.
f. An emergency drain is provided to empty the basin. — 2pori2de pomp will he pro veJed
Q. The permanent pool depth is between 3 and 6 feet (reauired minimum of 3 feed.
h. The temporary pool draws down in 2 to 5 days.
i. A trash rack is provided for both the overflow and orifice.
i. The forebav volume is anproximately eaual to 20% of the total basin volume.
4404 k. Sediment storage is provided in the permanent pool.
N/A 1 A 10-fnnt vpvptative filter is nrnviderl at the nntlet2(include ernsive flow nalrnlatinncl
m. Recorded drainage easement for each basin including access to nearest right-of-way.
n. A site specific operation and maintenance(O&M)plan is provided.
o. A vegetation management/mowing schedule is provided in the O&M plan.
p. Semi-annual inspections are specified in the O&M plan.
2 a. A debris check to be performed after every storm event is specified in the O&M elan.
' S r. Specific clean-out benchmarks are specified in the O&M elan(elevation or depth).
a c A legally resnnncihle narty is rlesivnatpd in the fR•M nlan3 (include name and title)
Act t. If the basin is used for sediment and erosion control during construction_ clean out of the.
basin is specified to be performed prior to use as a wet detention basin.
Footnotes:
'When using the Division SA/DA table, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90%TSS removal.
3The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment
systems(pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) 0 does 1E1 does not incorporate a vegetated filter.
This system (check one) ❑ does does not incorporate non-integrated pretreatment.
Maintenance activities shall be perform as follows:
1. After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1998 Page 5 of 6

a: Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass
cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4, Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth. Removed sediment shall be disposed of in an appropriate
manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a
wet detention basin or stream, etc.).
The original design depth is: 7.5'
The sediment removal benchmark depth is: 5.63
5. Remove cattails and other indigenous wetland plants when they cover 75% of the basin surface. These
plants shall be encouraged to grow along the basm perimeter.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the above
maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the
project, responsible party, or address.
Print name: Raiford G. Trask, Jr.
Address: 1202 Eastwood Road, Wilmington, NC 28403
Phone: [phone]
Title: Owner
Signature:
Date: 17 /c c i5 /e t,
I, i-e rc ot `?lit (tie pvt ik , a Notary Public for the State of `n 4ei1 y,..at
County of _, , do hereby certify that kf �,�,Q ,
personally appeared before me this t may of 1 , andndaa_knno__wled a the
due execution of the forgoing infiltration system maintenance require ts. Witness my hand and official seal,
a.,
ryb
{
SEAL,
My 'scion expires p 0 .-
Piet , ,�_
Vim ..
Form SWU-102 Rev 1/August 1998 Page 6 of 6

A&K #98244
Permit No. 5GUS ?90 11
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Westfal l Office Park
Contact Person: Raiford Trask, Jr. Phone Number: ( 910 ) 313-0795
For projects with multiple basins, specify which basin this worksheet applies to: Pond #4
elevations
Basin Bottom Elevation 6.5 ft. (floor of the basin)
Permanent Pool Elevation 14.0 ft. (elevation of the orifice)
Temporary Pool Elevation 15.35 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 36,000 sq. ft. (water surface area at the orifice elevation)
Drainage Area 25.15 ac. (on-site and off-site drainage to the basin)
Impervious Area 16.3 ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume 96,637 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 68,580 cu. ft. (volume detained above the permanent pool)
Forebay Volume 19,500 cu. ft. (approximately 20% of total volume)
Other parameters
SA/DA1 2.3 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 3 in. (2 to 5 day temporary pool draw-down required)
Design Rainfall 1 in.
Design TSS Removal 2 90 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

•
Footnotes:
1 When using the Division SA/DA tables,the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
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. If a requirement has not been met, attach justification.
Applicants Initials
/•//A a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b. The forebay volume is approximately equal to 20% of the basin volume.
c. The temporary pool controls runoff from the design storm event.
d. The temporary pool draws down in 2 to 5 days.
N/A e. If required, a 30-foot vegetative filter is provided at the outlet(include non-erosive flow
calculations)
f. The basin length to width ratio is greater than 3:1.
46— g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
4)- i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
.00
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
�o -7i1{ALE 1:7Z-in.+P
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does does not incorporate a vegetated filter at the outlet.
This system(check one) 0 does fi does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system(i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
fq•lekti NOralt 'T►oN OF ri1$
When the permanent pool depth reads 5.62 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2.44 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
lid (fill in the blanks)
MAP
tea
0 gaVIAM Permanent Pool Elevation 14.0
I A
Sediment Re oval El. 11 �Fi 75
Sediment Removal Elevation 8.38 �'75% /-
Bottom Ele ation 10.75 f
% -
Bottom Elevation 6.5 25%
FOREBAY /V�Afe,zr i DEL 77c / OF
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

•
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Raiford G. Trask, Jr.
Title: Owner
Address: 1202 Eastwood Road, Wilmington, NC 28403
Phone: (910) 313-0 95
Signature:
,07
Date: /
Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and
a resident of the subdivision has been named the president.
I, �r;c a `] I; On , a Notary Public for the State of 1Jr►r i Carol h ,
County of ,°.1 d et- , do hereby certify that _Rai -Card G. Ti 5 r,
personally appeared before me this �o' day of re,brua� , aoo I , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
•
2 Gam'
•,. 1.e"'
U Ll L
SEAL
My commission expires / -c 6 - ©
Form SWU-102 Rev 3.99 Page 4 of 4

• Z000 JAN 3 I PM 1:30 BOOK PAGE
REc'i:I:C?1 AND VERIFIED ? 6 9 8 0 0 3 0
MARY RUE.DOTS
REGISTER OF DEEDS
f iat N.".t:VER CD.NC
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER FOR WESTFALL PARK
This Declaration,Made the 6th day of January,2000,by RAIFORD G.TRASK,JR.,
hereinafter referred to as"Declarant"or"Developer"for the purposes hereinafter stated;
WITNESSETH:
Whereas,Declarant is the owner of certain real property in New Hanover County,
North Carolina,known as Section 1,Westfall Park,which is shown on a plat recorded in
the Office of the Register of Deeds of New Hanover County,North Carolina,in Map Book
39 Page 238 ,to which reference is made for a more particular description(the"Proper-
ty").
NOW,THEREFORE, Declarant declares that the Property described above shall
be held,sold and conveyed subject to the North Carolina Planned Community Act set forth
in Chapter 47F of the North Carolina General Statutes(the"Act"),as well as the following
easements,restrictions,covenants,and conditions.
ARTICLE I.
DEFINITIONS
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant,in addition to the above
described Property, and annexed to and made a part of the Planned Community (as
hereinafter defined).
SECTION 2.Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Westfall Park Owners'
Association,Inc.,a North Carolina non-profit corporation,its successors and assigns.
SECTION 4. Common Elements shall mean and refer to all lands and easements
within or appurtenant to the Planned Community owned by the Association,other than a
Lot,and intended for the common use and enjoyment of the Owners,including,without
limitation, any private roads and storm water retention ponds within the Planned
Community. Common Elements shall also include any landscaping,sidewalks,lighting,
and irrigation located within the boundaries of any public roads.
Retina to AL1 N and ManDONALD
217 N.Sth St,Wilmington,NC 28401
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SECTION 5. Common Expenses means expenditures made by or financial liabilities
of the Association,together with any allocations to rasarvps
SECTION b. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act,this Declaration or otherwise by law.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context)and shall mean and refer to RAIFORD G.TRASK,JR.,his heirs,successors and
assigns,if such heirs,successors or assigns should acquire undeveloped property from
the Declarant or a Lot not previously disposed of for the purpose of development and
reserves or succeeds to any Special Declarant Right..
SECTION 8. Declaration shall mean this Instrument as it may be from time to time
amended or supplemented.
SECTION 9. Executive Board shall be used interchangeably with the Board of
Directors and means the body,regardless of name,designated in this Declaration to act
on behalf of the Association.
SECTION 10. Limited Common Elements shall mean areas and facilities within any
Lot which are for the exclusive use of the Lot Owner but which the Association is obligated
to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall
consist of (If none,so state).
SECTION 11. Lot(s)shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 12.Lot Owner shall mean the Declarant or other Person who owns a fee
simple title to any Lot,including contract sellers,but excluding those having such interest
merely as security for the performance of an obligation.
SECTION 13. Person means a natural person,corporation,business trust,estate,
trust, partnership, association,joint venture, government,governmental subdivision,or
agency or other legal or commercial entity.
SECTION 14. Planned Community shall mean and refer to the Property plus any
Additional Property made a part of Planned Community.
SECTION 15. Purchaser means any Person,other than a Declarant or a Person
in the business of selling real estate for the purchaser's own account,who by means of a
2
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BOOK PAGE
•"u $ 0 0032
voluntary transfer acquires a legal or equitable interest in a Lot,other than(i)a leasehold
interest (including renewal options) of less than 20 years, or (ii) as security for an
obligation.
SECTION 16. Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners'Property Rights and Easement of Enjoyment. Every Owner
shall have and is hereby granted a right and easement of enjoyment in and to the Common
Elements,if any,which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(a)The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners;
(b) The Association may mortgage or convey the Common Elements, or
dedicate or transfer all or part of the Common Elements,to any public agency,authority
or utility for such purposes and subject to such conditions as may be agreed to by the
Members;provided,however,that the Association may without the consent of the Owners
grant easements over the Common Elements for drainage systems and public utilities
servicing the Planned Community, that any conveyance or encumbrance of Common
Elements shall be subject to any rights of ingress and egress to any Lot over private
streets.
(c) The Board of Directors on behalf of the Association, as a Common
Expense, may at all times keep the Common Elements and other assets of the
Association,if any,insured against loss or damage by fire or other hazards and such other
risks,including public liability insurance,upon such terms and for such amounts as may
be reasonably necessary from time to time to protect such property,which insurance shall
be payable in case of loss to The Association for all Members. The Association shall have
the sole authority to deal with the insurer in the settlement of claims. In no event shall the
insurance coverage obtained by the Association be brought into contribution with insurance
purchased by Members or their mortgagees.
3
SIWOJUWesllall ParklDedaladon2wpd-9ms

BOOK PASS
'_ 693 0033
SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association,their successors and assigns:
(a)easements as necessary in the lands constituting the Common Elements
and the rear,front and side ten feet of each Lot for the installation and maintenance of
utilities and drainage facilities;including the right of Declarant and the Association to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity,telephone equipment,gas,
sewer,water or other public conveniences or utilities on,in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to
be recorded in the office of the Register of Deeds of New Hanover County;the right to cut
drain ways,swales and ditches for surface water whenever such action may appear to the
Developer or the Association to be necessary in order to maintain reasonable standards
of health,safety and appearance;the right to cut any trees,bushes or shrubbery;the right
to make any grading of the soil,or to take any other similar action reasonably necessary
to provide economical and safe utility installation and to maintain reasonable standards of
health,safety and appearance;and the right to locate wells,pumping stations,and tanks
within residential areas,or upon any Lot with the permission of the owner of such Lot. No
structures or plantings or other material shall be placed or permitted or remain upon such
easement areas or other activities undertaken thereon which may damage or interfere with
the installation or maintenance of utilities or other services,or which may retard,obstruct
or reverse the flow of water or which may damage or interfere with established slope ratios
or create erosion problems. These easement areas (whether or not shown on the
recorded plats for the Planned Community)and improvements within such areas shall be
maintained by the respective Owner except those for which a public authority or utility
company is responsible.
(b) easements over ?II private streets, if any, access easements, and
Common Elements within the Planned Community as necessaryto provide access,ingress
and egress,to any Additional Property.
(c)an easement of unobstructed access over,on,upon,through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limited Common Elements required
by this Declaration. This easement shall also run in favor of the Association and the
Association's agents,employees,successors and assigns.
SECTION 3. Other Easements. The following easements are granted by Declarant
to others:
4
S WOJL\Westfall ParklDederaliorawpd-vma
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BOCK PAGE
' 693 0039
(a) an easement is hereby granted to all police,fire protection,ambulance
and all similar persons,companies or agencies performing emergency services,to enter
upon all Lots and Common Elements in the performance of their duties.
(b) in case of any emergency originating in or threatening any Lot or
Common Elements,regardless of whether any Lot Owner is present at the time of such
emergency,the Association or any other person authorized by it,shall have the right to •
enter any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners,and such right of
entry shall be immediate.
(c) the Association is granted an easement over each Lot for the purposes
of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in
accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant,running with the land,and shall inure to the benefit of
and be binding on the Declarant and the Association,their successors and assigns,and
any Owner,purchaser,mortgagee and other person having an interest in the Property or
any Additional Property, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance,or in any mortgage or trust deed
or other evidence of obligation,to the easements and rights described in this Declaration.
ARTICLE III.
OWNERS'ASSOCIATION
SECTION.1. Formation of Association. The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Caroline for the
purpose of establishing an association for the Owners of Lots to operate and maintain the
Common Elements and .any Limited Common Elements in accordance with this
Declaration,its Charter and Bylaws.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners,with the exception of
the Declarant,and shall be entitled to one vote for each acre of land or fraction thereof
5
S'WOJLIWesdall ParldDedarat on2.wpd-vms
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BOOK PACT:
698 0035
equal to or exceeding one-half acre within the Owner's Lot. When more than one person
holds an interest in any Lot,all such persons shall be Members. The votes for such Lot
shall be exercised as they determine, but in no event shall the Owners of the Lot
collectively be entitled to cast more than aggregate number of votes with respect to any
Lot. Fractional voting with respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be
entitled to two(2)votes for each vote held by the Class A Members. The
Class B Membership shall cease on the happening of any of the following
events,whichever occurs earlier:
(a) when the Developer no longer owns any land within the
Development,or
(b)upon the voluntary surrender of all Class B Membership by the
holder thereof.
The period during which there is Class B Membership is sometimes referred to
herein as the"Declarant Control Period".
SECTION 4. Government Permits. All duties,obligations,rights and privileges of
the Declarant under any water,sewer,stormwater and utility agreements,easements and
permits for the Planned Community with municipal or governmental agencies or public or
private utility companies shall be the duties, rights, obligations and privileges the
responsibility of the Association.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obliaation of Assessments. Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the"Assessments"):
A. Annual Assessments;
B. Special Assessments for Capital Improvements;
The Assessments,togetherwith interest,costs and reasonable attomey's fees,shall
be a charge on the land and shall be a continuing lien upon the respective Lot against
6
5:WOJLtWeWUall ParkIDeUaration2.wpd+Kns

BOOK PAGE
638 0036
which the Assessments are made. Each such Assessment,together with interest,costs
and reasonable attomey's fees,shall also be the personal obligation of the person who
was the Owner of such Lot at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the Owner's successors in title
unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation,health,safety and
welfare of the Owners and residents of the Property and Additional Property and for the
maintenance,repair and replacement of the Common Elements and any Limited Common
Elements. The funds arising from said assessments or charges,may be used for any or
all of the following purposes: Operations,maintenance and improvement of the Common
Elements,and any Limited Common Elements,including payment of utilities;enforcing this
Declaration;paying taxes,insurance premiums,legal and accounting fees and governmen-
tal charges;establishing working capital;paying dues and assessments to any organization
or master association of which the Association is a member;and in addition,doing any
other things necessary or desirable in the opinion of the Association to keep the Common
Elements and Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. At least 60 days before the beginning of each
calendar year,the Executive Board shall establish a proposed operations and maintenance
budget for the calendar year. If the amount of the budget does not exceed the prior years
budget by over 10 percent, then the budget shall become final without approval of the
members. If the budget exceeds the prior year's budget by 10 percent, then within 30
days after adoption of the proposed budget for the Planned Community,the Executive
Board shall provide to all of the Lot Owners a summary of the budget and notice of a
meeting to consider its ratification,including a statement that the budget may be ratified
without a quorum. The budget is ratified unless at the meeting a majority of all of the Lot
Owners in the Association rejects the budget. In the event the proposed budget is
rejected,the periodic budget last ratified by the Lot Owners shall be continued until such
time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The
budget thus established shall be the Annual Budget.
The Annual Assessment for each Lot shall be that percentage of the Annual Budget
arrived at by dividing the square footage within the Lot by the total square footage of all
Lots within the Development. Notwithstanding the foregoing,the first Annual Assessment
shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due
date for payment shall be established by the Executive Board. The Executive Board shall
have the authority to require the assessments to be paid in periodic installments. The
Association shall,upon demand,and for a reasonable charge furnish a certificate signed
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• BOCK PAGE
2608 0037
by an officer of the Association setting forth whether the assessments on a specified Lot
have been paid.
SECTION 4. Special Assessments for Capital Improvements. In addition to the
Annual Assessments authorized above,the Association may levy,in any assessment year,
a Special Assessment applicable to the year only for the purpose of defraying,in whole or
in part,the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Elements and any Limited Common Elements,including
fixtures and personal property related thereto,provided that any such assessment shall
have the assent of a majority of the Members of each class who are voting in person or by
proxy at a meeting duly called for this purpose.
SECTION 5. Rate of Assessment.The Association may differentiate in the amount
of Assessments charged when a reasonable basis for distinction exists,such as between
vacant Lots of record and Lots of record with completed structures for which certificates
of occupancy have been issued by the appropriate governmental authority,or when any
other substantial difference as a ground of distinction exists between Lots. However,
Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 6. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 7. Effect Of Nonpayment 9f Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty(30)days after
the due date shall bear interest from the due date at the highest rate allowable by law.The
Association may bring an action at law against the Owner personally obligated to pay the
same,or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common
Elements or abandonment of his Lot. All unpaid Installment payments of Assessments
shall become immediately due and payable if an Owner fails to pay any installment within
the time permitted. The Association may also establish and collect late fees for delinquent
installments.
SECTION 8. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of 30 days or
longer.
(a)The lien shall constitute a lien against the Lot when and after the claim
of lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General
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2698 0038
Statutes. Fees,charges,late charges,fines,interest,and other charges imposed pursuant
to this Declaration are enforceable as Assessments.
(b)The lien under this section shall be prior to aii liens and encumbrances
on a Lot except(i)liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot)recorded before the docketing of the claim of lien in
the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the Lot.
(c)The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of the claim of lien
in the office of the Clerk of Superior Court.
(d)Any judgment,decree,or order in any action brought under this section
shall include costs and reasonable attorneys'fees for the prevailing party.
(e)Where the holder of a first mortgage or deed of trust of record,or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust,such purchaser and its heirs,successors and assigns shall not be liable
for the Assessments against the Lot which became due prior to the acquisition of title to
the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common
Expenses collectible from all of the Lot Owners including such purchaser, its heirs,
successors and assigns.
(f)A claim of lien shall set forth the name and address of the Association,the
name of the record Owner of the Lot at the time the claim of lien is filed,a description of
the Lot,and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there Is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights,powers and privileges
which shall be in addition to the Special Declarant Rights and any other rights,powers and
privileges reserved to the Declarant herein:
SECTION 1. The Architectural Control Committee. All duties and responsibilities
conferred upon the Architectural Control Committee by this Declaration or the Bylaws of
the Association shall be exercised and performed by the Declarant or its designee,so long
as Declarant shall own any portion of the Property or any Additional Property.
9
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SECTION 2. Plan of Planned Community. The right to change, alter or re-
designate the allocated planned,platted,or recorded use or designation of any of the lands
constituting the Planned Community induding,but not limited to,the right to change,alter
or redesignate road,utility and drainage facilities and easements and to change,alter or
redesignate such other present and proposed amenities or facilities as may in the sole
judgment and discretion of Declarant be necessary or desirable. The Declarant hereby
expressly reserves unto itself,its successors and assigns,the right to re-plat any one(1)
or more Lots shown on the plat of any subdivision of the Property or Additional Property
In order to create one or more modified Lots;to further subdivide tracts shown on any such
subdivision plat into two or more Lots;to recombine one or more tracts or Lots or a tract
and Lots to create a larger tract; to eliminate from this Declaration Lots that are not
otherwise buildable or are needed for access or are needed for use as public or private
roads or access areas,whether serving the Planned Community or other property or are
needed for Common Elements or amenities,and to take such steps as are reasonably
necessary to make such re-platted Lots or tracts suitable and fit as a building site or access
area or roadway or Common Elements.
The Declarant may at anytime dedicate to the public any private streets or utility
facilities within the Development
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may
be amended without member approval by the Declarant,or the Board of the Association,
as the case may be,as follows:
A. In any respect,prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property,or any
portion thereof,for tax-exempt status.
E. To include any platting change as permitted herein.
F. To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property.
G. To address and accommodate(i)the broad range of uses permitted under
the current zoning ordinance applicable to the Property and(ii)the fact that the Developer
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is unable to determine at this time the sizes of the various Lots which may be subjected
to this Declaration,the Declarant may,at anytime the Declarant owns any land within the
Development,amend this Declaration in any fashion Declarant deems appropriate.It is not
the intention of this provision to circumvent the general or common scheme of
development described herein but to accommodate situations or circumstances which may
arise during the course of development and to alleviate practical differences and hardship
in the enforcement and operation of this Declaration. In addition to amending this
Declaration for such purposes, the Developer shall be entitled to grant variances and
adjustments from these protective covenants as they apply to any particular Lot.
SECTION 4.(annexation of AdditionalProoerty. Declarant may annex to and make
a part of the Planned Community any other real property which Declarant now owns or
which Declarant may hereafter acquire or develop(the"Additional Property").
ARTICLE VI.
USE RESTRICTIONS.ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No building,
wall or other structure shall be commenced,erected,or maintained upon any Lot,nor shall
any exterior addition to or change in or alteration therein(including painting or repainting
of exterior surfaces)be made until the plans and specifications showing the nature,kind,
shape,heights,materials,colors and location of the same(including proposed setbacks
and the location of outside walkways,drives,trash containers,parking areas,parking area
striping,storage areas/tanks,loading/service areas and utilities,plus proposed lighting and
signage)shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography by the Declarant,
or its designee,or,after the sale of all Lots by Declarant,lay the Executive Board,or by an
Architectural Control Committee composed of three(3)or more representatives appointed
by the Board. In the event the Declarant,or its designee,or,if applicable,the Board,or
the Architectural Control Committee, fails to approve or disapprove such design and
location within thirty(30)days after said plans and specifications have been submitted to
it,approval will not be required and this Article will be deemed to have been fully complied
with. Refusal or approval of any such plans,location or specification may be based upon
any ground,including purely aesthetic and environmental considerations,that in the sole
and uncontrolled discretion of the Declarant,the Board,orArchitectural Control Committee
shall be deemed sufficient. One copy of all plans and related data shall be furnished to the
Declarant, the Board, or Architectural Control Committee, as the case may be, for its
records. Neither the Declarant,the Board,nor the Architectural Control Committee shall
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2698 00 `I1
be responsible for any structural or other defects in plans and specifications submitted to
it or any structure erected according to such plans and specifications.
SECTION 2. ,Minimum Standards for Site Improvements.
A. Exterior Materials. The exterior of all buildings shall be constructed of
masonry,stucco and/or glass.
B. Setbacks. The site and location of any house or structure upon any Lot
shall be controlled by and must be approved absolutely by the Declarant,the Board,or the
Architectural Control Committee,as the case may be;provided,however,each building
(including outbuildings)shall be set back 50'from any street right of way(except 30'for
Lots of less than 250'in depth)and 15'from any other boundary line. Except at the point
of connection to a street right of way,all drives and parking area shall be set back 10'from
any street right of way and 5'from any other boundary line.
C.Construction Completion. The exterior of all structures and landscaping
must be completed within twenty(24)months after the construction of same shall have
commenced,except where such completion is impossible or would result in great hardship
to the Owner or builder,due to strikes,fires,national emergency or natural calamities.
D. Screening. All service utilities,garbage receptacles, exterior storage
areas, fuel tanks,and loading docks are to be enclosed within a screen of a type and size
approved by the Declarant,the Executive Board or the Architectural Control Committee,
so as to preclude the same from causing an unsightly view from any highway,street or way
within the Development,or from any other Lot within the Development.
E. Utilities.All secondary power lines and communication lines on a Lot shall
be placed underground.
F. Stormwater Regulations. Each Owner shall comply with all stormwater
runoff and other governmental regulations applicable to the Owner's Lot. As required by
NC State Stormwater Manager Permit SW8 990306(the"Permit"),the built-upon area of
each Lot(including the portion of the street right of way between the front of the Lot and
the edge of the pavement)is limited and restricted to 85%of the Lot area. Built-upon area
includes,but is not limited to,structures,asphalt,concrete,gravel,brick,slate and coquina,
but does not include raised,open wood decking,or the water surface of swimming pools.
All runoff from the built-upon area on each Lot shall be directed into the forebay of the
appropriate detention pond,as indicated by the approved stormwater management plan
for the Development covered by the Permit. An access/maintenance easement to all
stormwater facilities covered by the Permit will be granted/retained in favor of the permittee
12
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7699 00 'I2
under the Permit if access to the stormwater facilities will be restricted by the sale of any
portion of the Planned Community. The State of North Carolina is hereby made a
beneficiary of this Declaration to the extent necessary to enforce its stormwater runoff
regulations. This paragraph may not be changed or deleted without the consent of the
State of North Carolina.
SECTION 3. Use Restrictions.
A. Land Use And Building Tvoe. No Lot shall be used for any purpose
except for office and retail purposes. Notwithstanding the foregoing,during the Declarant
Control Period, the Declarant may authorize any other use permitted for the Planned
Community under the then applicable zoning classification for the Planned Community
established by the City of Wilmington.
B. Nuisances. No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the Development. There shall not be maintained any plants or animals,nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous,unsightly,unpleasant or other nature as may diminish or destroy the character
of the Development as a first lass office and retail center. It shall be the responsibility of
each Owner to prevent the development of any unclean,unsightly or unkept condition of
buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the
Development as a whole or the specific area.
C. Temporary Structures. No structure of a temporary character,trailer,
basement,tent,shack,garage,barn or other outbuilding shall be used on any Lot any time
either temporarily or permanently without the written consent of the Association or its
designee;provided,however,that this shall not prevent the use of a construction trailer or
office on any part of the Planned Community until the construction of improvements are
completed.
D. Construction in Common Elements.No person shall undertake,cause,
or allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Association.
E. Skins. No signs(Including"for sale"or"for rent"signs)shall be permitted
on any Lot or in the Common Elements without permission of the Executive Board.
I. Subdividing. Subject to any rights reserved to the Declarant herein,no Lot
shall be subdivided,or its boundary lines changed except with the prior written consent of
13
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2698 0093
the Declarant during the period of Declarant control of the Association and thereafter by
the Executive Board.
SECTION 4. Maintenance. Each Lot Owner shall Keep his Lot free from weeds,
underbrush or refuse piles,or unsightly growth or objects. All structures shall be kept neat
and in good condition and repair. All shrubs, trees,grass and plantings shall be kept
neatly trimmed and properly cultivated. Each Owner shall maintain and keep in good
repair the exterior of all structures and all parking areas and other exterior facilities.
Parking areas,sidewalks and grounds shall be kept clear and free of snow, ice,rubbish
and obstructions of every nature with adequate drainage and lighting provided thereon.
Striping on parking areas shall be renewed as necessary to remain bright and visible. Any
structures damaged or destroyed by fire or other casualty shall immediately be repaired,
replaced,or demolished and the site left clean and neat. Burned out light bulbs shall be
replaced immediately.
ARTICLE VII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained
in this Declaration are for the purpose of protecting the value and desirability of the
Planned Community and the Lots contained in it. 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 the Declaration,and as the Declaration may be 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 the
Declaration are accepted and ratified by such Owner,tenant or occupant. The covenants
and restrictions of this Declaration shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot,their heirs,successors and
assigns, as though such provisions were made a part of each and every deed of
conveyance or lease,for a term of twenty (20)years from the date this Declaration is
recorded,after which time they shall be automatically extended for successive periods of
ten(10)years,unless terminated by the Lot Owners.
SECTION 2. Enforcement and Remed.igg. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable(by proceedings at law or in
equity)by the Association,or the Owner of any Lot,their respective legal representatives,
heirs,successors and assigns.The Executive Board shall be entitled to enforce its Articles
of Incorporation,Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments,the following remedies shall
be available:
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2633 0049
A. Association to Remedy Violation. In the event an Owner(or other occupant of
a Lot)is in violation of or fails to perform any maintenance or other activities required by
this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board or its designee,after 30-days notice,may enter upon the Lot and remedy
the violation or perform the required maintenance or other activities,all at the expense of
the Owner,and such entry shall not be deemed a trespass. The full amount of the cost of
remedying the violation or performing such maintenance or other activities and shall be
chargeable to the Lot, including collection costs and reasonable attorneys'fees. Such
amounts shall be due and payable within 30 days after Owner is billed. If not paid within
said 30 day period,the amount thereof may immediately be added to and become a part
of the Annual Assessment levied against said Owner's Lot. In the event that any
maintenance activities are necessitated to any Common or Limited Common Elements by
the willful act or active or passive negligence of any Owner,his family,guests,invitees or
tenants,and the cost of such maintenance,repair or other activity is not fully covered by
insurance,then,at the sole discretion of the Board of Directors of the Association,the cost
of the same shall be the personal obligation of the Owner and if not paid to the Association
upon demand,may immediately be added to and become a part of the Annual Assessment
levied against said Owners Lot. Notwithstanding the foregoing,the Association shall not
have a lien for the cost of any maintenance and repairs mentioned in this section if the
Association is obligated to make such repairs or conduct such maintenance by virtue of
yards or structures being Limited Common Elements.
B. Fines. The Association may establish a schedule of and collect fines for the
violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or
Rules and Regulations. If an Owner does not pay the fine when due, the fine shall
immediately become a part of and be added to the Annual Assessment against the
Owner's Lot and may be enforced by the Association as all other Assessments provided
for herein.
C. Suspension of Services and Privileges. The Association may suspend all
services and privileges provided by the Association to an Owner(other than rights of
access to Lots)for any period during which any Assessments against the Owners lot
remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot is
otherwise in violation of this Declaration or the Association's Charter,Bylaws,or Rules and
Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
•
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BOOK PACE
• ARTICLE VIII.
' 696 0045
GENERAL PROVISIONS
SECTION 1. Insurance. Each Owner will maintain fire and casualty insurance
covering the improvements on the Owner's Lot in an amount of 80%of the replacement
value of the improvements. The Owner will provide Declarant with such evidence that the
required insurance is in effect as Declarant may reasonably request.
SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to(a)Inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety(90)days following the end of its fiscal year,(c)
receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings,(d)receive written notice of any condemnation
or casualty loss that affects either a material portion of the Planned Community or the
Property securing its loan, (e)receive written notice of any sixty-day(60)delinquency in
the payment of assessments or charges owed by any Owner of any property which is
security for the loan, (f) receive written notice of a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained by the Association, (g)
receive written notice of any proposed action that requires the content of a specified
percentage of mortgage holders,and(h)be furnished with a copy of any master insurance
policy.
SECTION 3. Utility Service. Declarant reserves the right to subject the Property
to contracts for the installation of utilities,cable TV and street lighting,which may require
an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each
Lot Owner will be required to pay for any water connections,sewer connections,impact
fees or any other charges imposed by any entity furnishing water,sewer or other utility
service to the Lots. In the alternative,the Developer may collect such connection,impact
and other fees,and charges directly from the Lot Owners. All Lot Owners shall be required
to use water and sewer supplied by the companies/governmental units servicing the
Planned Community. Separate water systems for outside irrigation and other outdoor uses
shall not be permitted without the consent of the Declarant or the Association.
SECTION 4. Severe bility. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect.
SECTION 5. Amendment of Declaration.Except in cases of amendments that may
be executed by the Declarant under this Declaration,this Declaration may be amended by
16
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BOOX PAGE
2698 00LI6
affirmative vote or written agreement signed by Owners of Lots to which at least sixty-
seven percent(67%)of the votes in the Association are allocated,or by the Declarant if
necessary for the exercise of any right reserved to the Declarant herein.
IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed
as of the day and year first above written.
"olii. (SEAL)
RAIFORD G.TRASK, .
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER /r
Personally appeared before me,'hem W t.1 k- ,a Notary Public,
RAIFORD G. TRASK, JR., who acknowledged the due execution of the foregoing
instrument for the uses and purposes therein expressed.
WITNESS my hand and notarial seal,this 26 day of Jtnrlae1_,2000.
L� ).
Notary Public
My commission expires: °Jll1 0 3
(SEAL) ,,'�00,ueteetee�,
C
fry�,I,,.,....... '.$4..
1441 1-
�. k PO`'LC' ks
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/Aeuwud Certificate(s)of
Notary(Notaries)Public W ere certified
to be eorreet.
49-00-0
This the 3L day of leF Yl
� Mary flue Oela,Rego of Dee
yJ d
Deputy/AA istan•'^'
• 17
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John R. Andrew, P.E.
Andrew & Kuske J. A. Kuske, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E.
902 Market St. • Wilmington,North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • www.andrewandkuske.com
RECEIVED
FEB 2 3 2001
February 14, 2001
BY: .� .
Ms. Linda Lewis
NCDENRJDiv. of Environmental Mgmt.
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Westfall Office Park
SW8 990306
A&K No. 98244
Dear Ms. Lewis:
Please find attached a copy of the previously submitted check for the modification,
revised plans, calculations, and pertinent permit applications associated with Pond #4
modification of Westfall Office Park. Also included in this package is a letter from Scott
McClendon with the Corps of Engineers.
On January 16, 2001 a meeting was held on site with Janette Powell, John Dorny, Scott
McClendon, Dave Mayes, and others to review incorporating the existing pond as a
stormwater pond for Westfall Office Park. The results of the meeting were the existing
pond would be allowed to be incorporated as a stormwater pond with the addition of a
forebay and a deep pond section added to the north side of the existing pond.
If you have any questions, please feel free to call.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, [i',C.
4 d A • 41.4...:04„
11'
John S. Tunstall, P.E.
JS T/cjf
98244-02-15-01 Itr

RECEIVED
FEB 1 6 2001
ANDREW AND v,
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200100061 County New Hanover Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Raiford Trask do Mr.John Tunstill RECEIVED
Address: Andrew& Kuske Consulting Engineers
902 Market Street FEB 2.3 2001
Wilmington,North Carolina 28401
TelephoneeNo: 343-9653 DWQ
Zone: 18 UTM: North: 3792606 East: 0239817
PROJ# 504 qq0 30(v
Size and Location of project (water body, road name/number, town, etc.) Westfall Office Park. East side of Military
Cutoff Road(SR 1409), Wilmington,New Hanover County,North Carolina
Description of Activity: Construct stormwater pond and drainage swale
Subdivision: Westfall Office Park
Applicable Law: X Section 404(Clean Water Act,33 U.S.C. 1344)
(check all that apply) Section 10(River and Harbors Act of 1899)
Authorization: Nation Wide Permit 39, Residential Commercial Development
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. For any activity within the twenty coastal counties. before
beginning work you must contact the N.C. Division of Coastal Management,telephone[phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the
NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate leual
action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide'
Permit,please contact the Corps Regulatory Official specified below.
Date: February 12,2001
Corps Regulatory Official: C. Scott McLendon Telephone No.: [phone]
Expiration Date of Verification: February 12,2003
SURVEY PLATS,FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995

NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE
PERMITS
FEDERAL REGISTER
MARCH 9, 2000
Residential, Commercial, and Institutional Developments.
Discharges of dredged or fill material into non-tidal waters
of the United States, excluding non-tidal wetlands adjacent to
tidal ,yaaters, for the construction or expansion of
residential, commercial, and institutional building
foundations and building pads and attendant features that are
necessary for the use and maintenance of the structures .
Attendant features may include, but are not limited to, roads,
parking lots, garages, yards, utility lines, stormwater
management facilities, and recreation facilities such as
playgrounds, playing fields, and golf courses (provided the
golf course is an integral part of the residential
development) . The construction of new ski areas or oil and gas
wells is not authorized by this NWP. Residential developments
include multiple and single unit developments . Examples of
commercial developments include retail stores, industrial
facilities, restaurants, business parks, and shopping centers .
Examples of institutional developments include schools, fire
stations, government office buildings, judicial buildings,
public works buildings, libraries, hospitals, and places of
worship. The activities listed above are authorized, provided
the activities meet all of the following criteria :
a. The discharge does not cause the loss of greater than
\1/2\ acre of non-tidal waters of the United States, excluding
non-tidal wetlands adjacent to tidal waters;
b. The discharge does not cause the loss of greater than
300 linear feet of stream bed;
c. The permittee must notify the District Engineer in
accordance with General Condition 13 , if any of the following
criteria are met :
(1) The discharge causes the loss of greater than \i/10\
acre of non-tidal waters of the United States, excluding non-
tidal wetlands adjacent to tidal waters; or
(2) The discharge causes the loss of any open waters,
including perennial or intermittent streams, below the
ordinary high water mark (see Note, below) .

d. For discharges in special aquatic sites, including
wetlands, the notification must include a delineation of
affected special aquatic sites;
e . The discharge is part of a single and complete project;
f . The permittee must avoid and minimize discharges into
waters of the United States at the project site to the maximum
extent practicable, and the notification, when required, must
include a written statement explaining how avoidance and
minimization of losses of waters of the United States were
achieved on the project site . Compensatory mitigation will
normally be required to offset the losses of waters of the
United States . (See General Condition 19 . ) The notification
must also include a compensatory mitigation proposal for
offsetting unavoidable losses of waters of the United States .
If an applicant asserts that the adverse effects of the
project are minimal without mitigation, then the applicant may
submit justification explaining why compensatory mitigation
should not be required for the District Engineer ' s
consideration;
g. When this NWP is used in conjunction with any other
NWP, any combined total permanent loss of waters of the United
States exceeding \1/10\ acre requires that the permittee
notify the District Engineer in accordance with General
Condition 13 ;
h. Any work authorized by this NWP must not cause more
than minimal degradation of water quality or more than minimal
changes to the flow characteristics of any stream (see General
Conditions 9 and 21) ;
i . For discharges causing the loss of \1/10\ acre or less
of waters of the United States, the permittee must submit a
report, within 30 days of completion of the work, to the
District Engineer that contains the following information: (1)
The name, address, and telephone number of the permittee; (2)
The location of the work; (3) A description of the work; (4)
The type and acreage of the loss of waters of the United
States (e .g. , \1/12\ acre of emergent wetlands) ; and (5) The
type and acreage of any compensatory mitigation used to offset
the loss of waters of the United States (e .g. , \1/12\ acre of
emergent wetlands created on-site) ;
j . If there are any open waters or streams within the
project area, the permittee will establish and maintain, to
the maximum extent practicable, wetland or upland vegetated
buffers next to those open waters or streams consistent with
General Condition 19 . Deed restrictions, conservation
easements, protective covenants, or other means of land
conservation and preservation are required to protect and

maintain the vegetated buffers established on the project
site; and
k. Stream channelization or stream relocation downstream
of the point on the stream where the annual average flow is 1
cubic foot per second is not authorized by this NWP.
Only residential, commercial, and institutional activities
with structures on the foundation (s) or building pad(s) , as
well as the attendant features, are authorized by this NWP.
The compensatory mitigation proposal required in paragraph (f)
of this NWP may be either conceptual or detailed. The wetland
or upland vegetated buffer required in paragraph (j ) of this
NWP will normally be 25 to 50 feet wide on each side of the
stream°, but the District Engineer may require wider vegetated
buffers to address documented water quality concerns . The
required wetland or upland vegetated buffer is part of the
overall compensatory mitigation requirement for this NWP. If
the project site was previously used for agricultural purposes
and the farm owner/operator used NWP 40 to authorize
activities in waters of the United States to increase
production or construct farm buildings, NWP 39 cannot be used
by the developer to authorize additional activities in waters
of the United States on the project site in excess of the
acreage limit for NWP 39 (i .e . , the combined acreage loss
authorized under NWPs 39 and 40 cannot exceed \1/2\ acre) .
Subdivisions : For any real estate subdivision created or
subdivided after October 5, 1984, a notification pursuant to
paragraph (c) of this NWP is required for any discharge which
would cause the aggregate total loss of waters of the United
States for the entire subdivision to exceed \1/10\ acre . Any
discharge in any real estate subdivision which would cause the
aggregate total loss of waters of the United States in the
subdivision to exceed \1/2\ acre is not authorized by this
NWP, unless the District Engineer exempts a particular
subdivision or parcel by making a written determination that
the individual and cumulative adverse environmental effects
would be minimal and the property owner had, after October 5,
1984, but prior to July 21, 1999, committed substantial
resources in reliance on NWP 26 with regard to a subdivision,
in circumstances where it would be inequitable to frustrate
the property owner' s investment-backed expectations . Once the
exemption is established for a subdivision, subsequent lot
development by individual property owners may proceed using
NWP 39 . For the purposes of NWP 39, the term "real estate
subdivision" shall be interpreted to include circumstances
where a landowner or developer divides a tract of land into
smaller parcels for the purpose of selling, conveying,
transferring, leasing, or developing said parcels . This would
include the entire area of a residential, commercial, or other
real estate subdivision, including all parcels and parts
thereof . (Sections 10 and 404)

•
Note: Areas where there is no wetland vegetation are
determined by the presence or absence of an ordinary high
water mark or bed and bank. Areas that are waters of the
United States based on this criteria would require a PCN even
though water is infrequently present in the stream channel
(except for ephemeral waters) .

Regulatory Program of the
US Army Corps of Engineers
Part 330 - Nationwide Permit Program
Final Notice of Issuance, Reissuance, and Modification of
Nationwide Permits
° March 9, 2000
C. Nationwide Permit General Conditions
The following general conditions must be followed in order for any authorization by an
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or
high tide line, must be permanently stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the movement of
those species of aquatic life indigenous to the waterbody, including those species which
normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions which may have been added by the division engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the State or tribe in its

Section 401 water quality certification and Coastal Zone Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System; or in a river officially designated by Congress as a "study
river" for possible inclusion in the system, while the river is in an official
study status; unless the appropriate Federal agency, with direct management
responsibility for such river, has determined in writing that the proposed activity will not
adversely affect the Wild and Scenic River designation, or study status. Information
on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service. Bureau
of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights,
including, but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality
certification must be obtained or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401
certification (either generically or individually) does not require or approve a water
quality management plan, the permittee must include design criteria and techniques that
will ensure that the authorized work does not result in more than minimal degradation of
water quality. An important component of a water quality management plan includes
stormwater management that minimizes degradation of the downstream aquatic system,
including water quality. Refer to General Condition 21 for stormwater management
requirements. Another important component of a water quality management plan is the
establishment and maintenance of vegetated buffers next to open waters, including
streams. Refer to General Condition 19 for vegetated buffer requirements for the NWPs.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see Section 330.4(d)).
11. Endangered Species. (a) No activity is authorized under any NWP which is likely
to jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal ndangered Species Act, or
which will destroy or adversely modify the critical habitat of such species. Non-federal
permittees shall notify the District Engineer if any listed species or designated critical
habitat might be affected or is in the vicinity of the project, or is located in the designated
critical habitat and shall not begin work on the activity until notified by the District

Engineer that the requirements of the Endangered Species Act have been satisfied and
that the activity is authorized.
For activities that may affect Federally-listed endangered or threatened species or
designated critical habitat, the notification must include the name(s) of the endangered or
threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. As a result of
formal or informal consultation with the FWS or NMFS, the District Engineer may add
species-specific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a nationwide permit does not authorize the "take" of
a threatened or endangered species as defined under the Federal Endangered Species Act.
In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with "incidental take" provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal "takes" of protected
species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly from
the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or
their world wide web pages at http:i/www.fws.aov/r9endspp/endspp.html and
http://www.nfms.gov/prot_res/esahome.html, respectively.
12. Historic Properties. No activity which may affect historic properties listed, or
eligible for listing, in the National Register- of Historic Places is authorized, until the DE
has complied with the provisions of 33 CFR part 325, Appendix C. The prospective
permittee must notify the District Engineer- if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the prospective permittee
has reason to believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District Engineer that the
requirements of the National Historic Preservation Act have been satisfied and that the
activity is authorized. Information on the location and existence of historic resources can
be obtained from the State Historic Preservation Office and the National Register of
Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties
listed in, or eligible for listing in, the National Register of Historic Places, the notification
must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective
permittee must notify the District Engineer with a preconstruction notification (PCN) as
early as possible. The District Engineer must determine if the PCN is complete within 30
days of the date of receipt and can request the additional information necessary to make
the PCN complete only once. However, if the prospective permittee does not provide all
of the requested information, then the District Engineer will notify the prospective

permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the District
Engineer. The prospective permittee shall not begin the activity:
(1) Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; or
(2) If notified in writing by the District or Division Engineer that an individual permit
is required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the
District or Division Engineer. Subsequently, the permittee's right to proceed
under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Notification: The notification must be in writing and include the
following information:
(1) Name, address, and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used to authorize
any part of the proposed project or any related activity; and
(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also
include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool
complexes (see paragraph 13(t));
(5) For NWP 7, Outfall Structures and Maintenance, the PCN must include
information regarding the original design capacities and configurations of those
areas of the facility where maintenance dredging or excavation is proposed.
(6) For NWP 14, Linear Transportation Crossings, the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the
United States and a statement describing how temporary losses of waters of the
United States will be minimized to the maximum extent practicable.
(7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of
Surface Mining (OSM) or state-approved mitigation plan.
(8) For NWP 27, Stream and Wetland Restoration, the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee.
(9) For NWP 29, Single-Family Housing, the PCN must also include:
(i) Any past use of this NWP by the individual permittee and/or the permittee's spouse;
(ii) A statement that the single-family housing activity is for a personal residence of the
permittee;

(iii) A description of the entire parcel, including its size, and a delineation of wetlands.
For the purpose of this NWP, parcels of land measuring 1/4 acre or less will not require a
formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels
greater than 1/4 acre in size, a formal wetland delineation must be prepared in accordance
with the current method required by the Corps. (See paragraph 13(f));
(iv) A written description of all land (including, if available, legal descriptions) owned
by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned
as a partner, corporation,joint tenant, co-tenant, or as a tenant-by-the-entirety) and any
land.on which a purchase and sale agreement or other contract for sale or purchase has
been executed;
(10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance
activity or submit a five year (or less) maintenance plan. In addition, the PCN must
include all of the following:
(i) Sufficient baseline information so as to identify the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the
approved flood control protection or drainage is not increased;
(ii) A delineation of any affected special aquatic sites, including wetlands; and,
(iii) Location of the dredged material disposal site.
( 11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse
effects to aquatic resources.
(12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization of losses of waters of the
United States were achieved on the project site.
(13) For NWP 39, Residential, Commercial, and Institutional Developments,and NWP
42, Recreational Facilities, the PCN must include a compensatory mitigation proposal
that offsets unavoidable losses of waters of the United States or justification explaining
why compensatory mitigation should not be required.
(14) For NWP 40, Agricultural Activities, the PCN must include a compensatory
mitigation proposal to offset losses of waters of the United States.
(15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the
construction of new stormwater management facilities, a maintenance plan (in
accordance with State and local requirements, if applicable) and a compensatory
mitigation proposal to offset losses of waters of the United States.
(16) For NWP 44, Mining Activities, the PCN must include a description of all waters
of the United States adversely affected by the project, a description of measures taken to
minimize adverse effects to waters of the United States, a description of measures taken

to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining
activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard
rock/mineral mining activities).
(17) For activities that may adversely affect Federally-listed endangered or threatened
species, the PCN must include the name(s) of those endangered or threatened species that
may be affected by the proposed work or utilize the designated critical habitat that may
be affected by the proposed work.
(18) For activities that may affect historic properties listed in, or eligible for listing in,
the National Register of Historic Places, the PCN must state which historic property may
be affected by the proposed work or include a vicinity map indicating the location of the
historic property.
(19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves
discharges of dredged or fill
material into waters of the United States resulting in permanent, above-grade tills within
100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-
approved local floodplain maps), the notification must include documentation
demonstrating that the proposed work complies with the appropriate FEMA or FEMA-
approved local floodplain construction requirements.
(c) Form of Notification: The standard individual permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must
include all of the information required in (b) (l)-(19) of General Condition 13. A letter
containing the requisite information may also be used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result
in more than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective permittee may, optionally, submit a
proposed mitigation plan with the PCN to expedite the process and the District Engineer
will consider any proposed compensatory mitigation the applicant has included in the
proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed work are minimal. If the District Engineer determines that
the activity complies with the terms and conditions of the NWP and that the adverse
effects on the aquatic environment are minimal, the District Engineer will notify the
permittee and include any conditions the District Engineer deems necessary.
Any compensatory mitigation proposal must be approved by the District Engineer
prior to commencing work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either
conceptual or detailed. If the prospective permittee elects to submit a compensatory
mitigation plan with the PCN, the District Engineer will expeditiously review the
proposed compensatory mitigation plan. The District Engineer must review the plan

within 45 days of receiving a complete PCN and determine whether the conceptual or
specific proposed mitigation would ensure no more than minimal adverse effects on the
aquatic environment. If the net adverse effects of the project on the aquatic environment
(after consideration of the compensatory mitigation proposal) are determined by the
District Engineer to be minimal, the District Engineer will provide a timely written
response to the applicant stating that the project can proceed under the terms and
conditions of the nationwide permit. If the District Engineer determines that the adverse
effects of the proposed work are more than minimal, then he will notify the applicant
either: (I) That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an individual permit; (2) that
the project is authorized under the NWP subject to the applicant's submission of a
mitigation proposal that would reduce the adverse effects on the aquatic environment to
the minimal level; or (3) that the project is authorized under the NWP with specific
modifications or conditions. Where the District Engineer determines that mitigation is
required in order to ensure no more than minimal adverse effects on the aquatic
environment, the activity will be authorized within the 45-day PCN period, including the
necessary conceptual or specific mitigation or a requirement that the applicant submit a
mitigation proposal that would reduce the adverse effects on the aquatic environment to
the minimal level. When conceptual mitigation is included, or a mitigation plan is
required under item (2) above, no work in waters of the United States will occur until the
District Engineer has approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from
Federal and State agencies concerning the proposed activity's compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the project's adverse
effects on the aquatic environment to a minimal level. For activities requiring notification
to the District Engineer that result in the loss of greater than 1/2 acre of waters of the
United States, the District Engineer will, upon receipt of a notification, provide
immediately (e.g., via facsimile transmission, overnight mail, or other expeditious
manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural
resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and,
if appropriate, the National Marine Fisheries Service. With the exception of NWP 37,
these agencies will then have 10 calendar days from the date the material is transmitted to
telephone or fax the District Engineer notice that they intend to provide substantive, site-
specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District
Engineer will fully consider agency comments received within the specified time frame,
but will provide no response to the resource agency, except as provided below. The
District Engineer will indicate in the administrative record associated with each
notification that the resource agencies' concerns were considered. As required by

Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management
Act, the District Engineer will provide a response to National Marine Fisheries Service
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency notification.
(f) Wetlands Delineations: Wetland delineations must be prepared in accordance with
the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for
parcels less than 1/4 acre in size. The permittee may ask the Corps to delineate the special
aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the
45-day period will not start until the wetland delineation has been completed and
submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received a Nationwide permit
verification from the Corps will submit a signed certification regarding the completed
work and any required mitigation. The certification will be forwarded by the Corps with
the authorization letter. The certification will include: (a) A statement that the authorized
work was done in accordance with the Corps authorization, including any general or
specific conditions; (b) A statement that any required mitigation was completed in
accordance with the permit conditions; and (c) The signature of the permittee certifying
the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single
and complete project is prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the
highest specified acreage limit. For example, if a road crossing over tidal waters is
constructed under NWP14, with associated bank stabilization authorized by NWP 13, the
maximum acreage loss of waters of the United States for the total project cannot exceed
1/3 acre.
16. Water Supply Intakes. No activity, including structures and work in navigable
waters of the United States or discharges of dredged or fill material, may occur in the
proximity of a public water supply intake except where the activity is for repair of the
public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of
the United States or discharges of dredged or fill material, may occur in areas of
concentrated shellfish populations, unless the activity is directly related to a shellfish
harvesting activity authorized by NWP 4.

18. Suitable Material. No activity, including structures and work in navigable waters of
the United States or discharges of dredged or till material, may consist of unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.) and material used forconstruction or
discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the
Clean Water Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize
adverse effects to waters of the United States to the maximum extent practicable at the
project site (i.e., on site). Mitigation will be required when necessary to ensure that the
adverse effects to the aquatic environment are minimal. The District Engineer will
consider the factors discussed below when determining the acceptability of appropriate
and practicable mitigation necessary to offset adverse effects on the aquatic environment
that are more than minimal.
(a) Compensatory mitigation at a minimum 1 : 1 ratio will be required for all wetland
impacts requiring a PCN. Consistent with National policy, the District Engineer will
establish a preference for restoration of wetlands to meet the minimum compensatory
mitigation ratio, with preservation used only in exceptional circumstances.
(b) To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project
purposes. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining
wetland or upland vegetated buffers to protect open waters such as streams; and replacing
losses of aquatic resource functions and values by creating, restoring, enhancing. or
preserving similar functions and values, preferably in the same watershed;
(c) The District Engineer will require restoration, creation, enhancement, or
preservation of other aquatic resources in order to offset the authorized impacts to the
extent necessary to ensure that the adverse effects on the aquatic environment are
minimal. An important element of any compensatory mitigation plan for projects in or
near streams or other open waters is the establishment and maintenance, to the maximum
extent practicable, of vegetated buffers next to open waters on the project site. The
vegetated buffer should consist of native species. The District Engineer will determine
the appropriate width of the vegetated buffer and in which cases it will be required.
Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but
the District Engineer may require wider vegetated buffers to address documented water
quality concerns. If there are open waters on the project site and the District Engineer
requires compensatory mitigation for wetland impacts to ensure that the net adverse
effects on the aquatic environment are minimal, any vegetated buffer will comprise no
more than 1/3 of the remaining compensatory mitigation acreage after the permanently
filled wetlands have been replaced on a one-to-one acreage basis. In addition,
compensatory mitigation must address adverse effects on wetland functions and values

and cannot be used to offset the acreage of wetland losses that would occur in order to
meet the acreage limits of some of the NWPs (e.g., for NWP 39, 1/4 acre of wetlands
cannot be created to change a 1/2 acre loss of wetlands to a 1/4 acre loss; however, 1/2
acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of.wetlands).
If the prospective permittee is required to submit a compensatory mitigation proposal
with the PCN, the proposal may be either conceptual or detailed.
(d) To the extent appropriate, permittees should consider mitigation banking and other
appropriate forms of compensatory mitigation. If the District Engineer determines that
compensatory mitigation is necessary to offset losses of waters of the United States and
ensure that the net adverse effects of the authorized work on the aquatic environment are
minimal, consolidated mitigation approaches, such as mitigation banks, will be the
preferred method of providing compensatorymitigation, unless the District Engineer
determines that activity-specific compensato ry mitigation is more appropriate, based on
which is best for the aquatic environment. These types of mitigation are preferred
because they involve larger blocks of protected aquatic environment, are more likely to
meet the mitigation goals, and are more easily checked for compliance. If a
mitigation bank or other consolidated mitigation approach is not available in the
watershed, the District Engineer will consider other appropriate forms of compensatory
mitigation to offset the losses of waters of the United States to ensure that the net
adverse effects of the authorized work on the aquatic environment are minimal.
20. Spawning Areas. Activities, including structures and work in navigable waters of
the United States or discharges of dredged or till material, in spawning areas during
spawning seasons must be avoided to the maximum extent practicable. Activities that
result in the physical destruction (e.g., excavate, till, or smother downstream by
substantial turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity
must be designed to maintain preconstruction downstream flow conditions (e.g., location,
capacity, and flow rates). Furthermore, the activity must not permanently restrict or
impede the passage of normal or expected high flows (unless the primary purpose of the
fill is to impound waters) and the structure or discharge of dredged or fill material must
withstand expected high flows. The activity must, to the maximum extent practicable,
provide for retaining excess flows from the site, provide for maintaining surface flow
rates from the site similar to preconstruction conditions, and must not increase water
flows from the project site, relocate water, or redirect water flow beyond preconstruction
conditions. In addition, the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site,
unless the activity is part of a larger system designed to manage water flows.

22. Adverse Effects From Impoundments. If the activity, including structures and work
• in navigable waters of the United States or discharge of dredged or fill material, creates
an impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be minimized to the
maximum extent practicable.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the United States or discharges of dredged or fill material, into breeding areas
for migratory waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety
and the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries,National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species,
coral reefs, State natural heritage sites, and outstanding national resource waters or other
waters officially designated by a State as having particular environmental or ecological
significance and identified by the District Engineer after notice and opportunity for public
comment. The District Engineer may also designate additional critical resource waters
after notice and opportunity for comment.
(a) Except as noted below, discharges of dredged or fill material into waters of the
United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40,
42, 43, and 44 for any activity within, or directly affecting, critical resource waters,
including wetlands adjacent to such waters. Discharges of dredged or fill materials
into waters of the United States may be authorized by the above NWPs in National
Wild and Scenic Rivers if the activity complies with General Condition 7. Further,
such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition
11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service
has concurred in a determination of compliance with this condition.
(b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity
proposed in the designated critical resource waters including wetlands adjacent to
those waters. The District Engineer may authorize activities under these NWPs
only after he determines that the impacts to the critical resource waters will be no
more than minimal.

26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-
year floodplains will be identified through the Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
(a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of
the United States resulting in permanent, above-grade fills within the 100-year floodplain
at or below the point on a stream where the average annual flow is five cubic feet per
second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43; and 44.
For NWPs 12 and 14, the prospective permittee must notify the District Engineer in
accordance with General Condition 13 and the notification must include documentation
that any permanent, above-grade fills in waters of the United States within the
100 year floodplain below headwaters comply with FEMA or FEMA-approved local
floodplain construction requirements.
(b) Discharges in Headwaters (i.e., above the point on a stream where the average
annual flow is five cubic feet per second).
(1) Flood Fringe. Discharges of dredged or fill material into waters of the United States
resulting in permanent,above-grade fills within the flood fringe of the 100-year floodplain of
headwaters are not authorized by NWPs 12, 14, 29,39, 40, 42, 43, and 44, unless the prospective
permittee notifies the District Engineer in accordance with General Condition 13. The
notification must include documentation that such discharges comply with FEMA or
FEMA-approved local floodplain construction requirements.
(2) Floodway. Discharges of dredged or fill material into waters of the United States
resulting in permanent, above-grade fills within the floodway of the 100-year floodplain
of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and
14, the permittee must notify the District Engineer in accordance with General Condition
13 and the notification must include documentation that any permanent, above grade fills
proposed in the floodway comply with FEMA or FEMA-approved local floodplain
construction requirements.

Date Design Andrew and Kuske Sheet
/O/p �4 CONSULTING ENGINEERS,INC. Of
902 Market St. Wilmington,N.C.28401
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Date Design Andrew and Kuske Sheet
902 Market St. CONSULTING ENGINEERS,INC. Wilmington,N.C.28401 Z
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Date Design Andrew and Kuske Sheet
e:Pr. CONSULTING ENGINEERS,INC.
902 Market St. Wilmington,N.C.28401 Ot
Check Job For Job No.
7? wPOW N 4,2/F/G C7CC.,4 GA 7770 n/
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Date 1 Design Andrew and Kuske Sheet
902 Market St. CONSULTING ENGINEERS,INC. Wilmington,N.C.28401 Of
Check Job For Job No.
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Data for WESTFALL OFFICE PARK POND 4 Page 9
TYPE III 24-HOUR RAINFALL= 7.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HvdroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
WATERSHED ROUTING
4
4
(1)SUBCATCHMENT F-1 REACH A POND LINK
SUBCATCHMENT 4 = DRAINAGE AREA POND 4 -> POND 4
REACH 4 = OUTLET PIPE ->
POND 4 = POND 4 REV. -> REACH 4

Data for WESTFALL OFFICE PARK POND 4 Page 10
TYPE III 24-HOUR RAINFALL= 7.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HvdroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
SUBCATCHMENT 4 DRAINAGE AREA POND 4
PEAK= 78.71 CFS @ 12.36 HRS, VOLUME= 9.08 AF
ACRES CN SCS TR-20 METHOD
16.30 98 IPERVIOUS AREA TYPE III 24-HOUR
8.85 50 GREEN AREA RAINFALL= 7.00 IN
25.15 81 SPAN= 10-20 HRS, dt=.1 HRS
Method Comment Tc (min)
DIRECT ENTRY DRAINAGE AREA 30.0

Data for WESTFALL OFFICE PARK POND 4 Page 12
TYPE III 24-HOUR RAINFALL= 7.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
POND 4 POND 4 REV.
Qin = 78.71 CFS @ 12.36 HRS, VOLUME= 9.08 AF
Qout= 24.81 CFS @ 12.99 HRS, VOLUME= 7.07 AF, ATTEN= 68%, LAG= 37.8 MIN
ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD
(FT) (SF) (CF) (CF) PEAK STORAGE = 331857 CF
6.5 580 0 0 PEAK ELEVATION= 17.1 FT
14.0 36000 137175 137175 FLOOD ELEVATION= 19.0 FT
15.0 64341 50171 187346 START ELEVATION= 14.0 FT
16.0 67958 66150 253495 SPAN= 10-20 HRS, dt=.1 HRS
17.0 71631 69795 323290 Tdet= 236.2 MIN (3.85 AF)
18.0 75361 73496 396786
19.0 79148 77255 474040
# ROUTE INVERT OUTLET DEVICES
1 P 14.0' 3° ORIFICE/GRATE
Q=.6 PI r"2 SQR(2g) SQR(H-r)
2 P 15.4' 2.75' x .5' ORIFICE/GRATE X 3
Q=.6 Width 2/3 SQR(2g) (H"1.5 [H-Height]-1.5)
3 P 17.1' 16' SHARP-CRESTED RECTANGULAR WEIR
Q=C L H-1.5 C=3.27+.4 H/2 L=Length-2( .1 H)

Data for WESTFALL OFFICE PARK POND 4 Page 11
TYPE III 24-HOUR RAINFALL= 7.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
REACH 4 OUTLET PIPE
Qin = 24.81 CFS @ 12.99 HRS, VOLUME= 7.07 AF
Qout= 24.83 CFS @ 13.00 HRS, VOLUME= 7.07 AF, ATTEN= 0%, LAG= .3 MIN
DEPTH END AREA DISCH
(FT) (SO-FT) (CFS) 36" PIPE STOR-IND+TRANS METHOD
0.0 0.0 0.00 PEAK DEPTH= 1.61 FT
.3 .4 .90 n= .013 PEAK VELOCITY= 6.4 FPS
.6 1.0 3.79 LENGTH= 60 FT TRAVEL TIME = .2 MIN
.9 1.8 8.46 SLOPE= .0042 FT/FT SPAN= 10-20 HRS, dt=.1 HRS
2.1 5.3 36.19
2.1r 6.1 42.25
2.7 6.7 46.07
2.8 6.9 46.50
2.9 7.0 46.07
3.0 7.1 43.23

Data for WESTFALL OFFICE PARK POND 4 Page 13
TYPE III 24-HOUR RAINFALL= 9.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HvdroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
WATERSHED ROUTING
4
4
(i)SUBCATCHMENT I I REACH A POND C.— LINK
SUBCATCHNENT 4 = DRAINAGE AREA POND 4 -> POND 4
REACH 4 = OUTLET PIPE ->
POND 4 = POND 4 REV. -> REACH 4

• Data for WESTFALL OFFICE PARK POND 4 Page 14
TYPE III 24-HOUR RAINFALL= 9.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HvdroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
SUBCATCHMENT 4 DRAINAGE AREA POND 4
PEAK= 108.4 CFS @ 12.36 HRS, VOLUME= 12.49 AF
ACRES CN SCS TR-20 METHOD
16.30 98 IPERVIOUS AREA TYPE III 24-HOUR
8.85 50 GREEN AREA RAINFALL= 9.00 IN
25.15 81 SPAN= 10-20 HRS, dt=.1 HRS
Method Comment Tc (min)
DIRECT ENTRY DRAINAGE AREA 30.0

Data for WESTFALL OFFICE PARK POND 4 Page 16
TYPE III 24-HOUR RAINFALL= 9.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HvdroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
POND 4 POND 4 REV.
Qin = 108.4 CFS @ 12.36 HRS, VOLUME= 12.49 AF
Qout= 55.40 CFS @ 12.77 HRS, VOLUME= 10.42 AF, ATTEN= 49%, LAG= 24.8 MIN
ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD
(FT) (SF) (CF) (CF) PEAK STORAGE = 376047 CF
6.5 580 0 0 PEAK ELEVATION= 17.7 FT
14.0 36000 137175 137175 FLOOD ELEVATION= 19.0 FT
15.0 64341 50171 187346 START ELEVATION= 14.0 FT
16.0 67958 66150 253495 SPAN= 10-20 HRS, dt=.1 HRS
17.0 71631 69795 323290 Tdet= 186.6 MIN (7.16 AF)
18':0 75361 73496 396786
19.0 79148 77255 474040
# ROUTE INVERT OUTLET DEVICES
1 P 14.0' 3° ORIFICE/GRATE
Q=.6 PI r"2 SQR(2g) SQR(H-r)
2 P 15.4' 2.75' x .5' ORIFICE/GRATE X 3
Q=.6 Width 2/3 SQR(2g) (H"1.5 [H-Height]"1.5)
3 P 17.1' 16' SHARP-CRESTED RECTANGULAR WEIR
Q=C L H"1.5 C=3.27+.4 H/2 L=Length-2( .1 H)

Data for WESTFALL OFFICE PARK POND 4 Page 15
TYPE III 24-HOUR RAINFALL= 9.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
REACH 4 OUTLET PIPE
Qin = 55.40 CFS @ 12.77 HRS, VOLUME= 10.42 AF
Qout= 46.21 CFS @ 13.46 HRS, VOLUME= 10.41 AF, ATTEN= 17%, LAG= 41.3 MIN
DEPTH END AREA DISCH
(FT) (SO-FT) (CFS) 36" PIPE STOR-IND+TRANS METHOD
0.0 0.0 0.00 PEAK DEPTH= 3.00 FT
.3 .4 .90 n= .013 PEAK VELOCITY= 6.9 FPS
.6 1.0 3.79 LENGTH= 60 FT TRAVEL TIME = .1 MIN
.9 1.8 8.46 SLOPE= .0042 FT/FT SPAN= 10-20 HRS, dt=.1 HRS
2.1 5.3 36.19
2.4r 6.1 42.25
2.7 6.7 46.07
2.8 6.9 46.50
2.9 7.0 46.07
3.0 7.1 43.23

Data for WESTFALL OFFICE PARK POND 4 Page 17
TYPE III 24-HOUR RAINFALL=10.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
WATERSHED ROUTING
4
4
4
OSUBCATCHMENT REACH A POND nj LINK
SUBCATCHMENT 4 = DRAINAGE AREA POND 4 -> POND 4
REACH 4 = OUTLET PIPE ->
POND 4 = POND 4 REV. -> REACH 4

Data for WESTFALL OFFICE PARK POND 4 Page 18
TYPE III 24-HOUR RAINFALL=10.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
SUBCATCHMENT 4 DRAINAGE AREA POND 4
PEAK= 123.2 CFS @ 12.35 HRS, VOLUME= 14.20 AF
ACRES CN SCS TR-20 METHOD
16.30 98 IPERVIOUS AREA TYPE III 24-HOUR
8.85 50 GREEN AREA RAINFALL=10.00 IN
25.15 81 SPAN= 10-20 HRS, dt=.1 HRS
Method Comment Tc (min)
DIRECT ENTRY DRAINAGE AREA 30.0

Data for WESTFALL OFFICE PARK POND 4 Page 19
TYPE III 24-HOUR RAINFALL=10.00 IN
Prepared by ANDREW & KUSKE CONSULTING ENGINEERS 21 Feb 01
HydroCAD 5.01 000479 (c) 1986-1998 Applied Microcomputer Systems
REACH 4 OUTLET PIPE
Qin = 72.65 CFS @ 12.71 HRS, VOLUME= 12.10 AF
Qout= 47.81 CFS @ 14.06 HRS, VOLUME= 12.09 AF, ATTEN= 34%, LAG= 81.1 MIN
DEPTH END AREA DISCH
(FT) (SO-FT) (CFS) 36" PIPE STOR-IND+TRANS METHOD
0.0 0.0. 0.00 PEAK DEPTH= 3.00 FT
.3 .4 .90 n= .013 PEAK VELOCITY= 6.9 FPS
.6 1.0 3.79 LENGTH= 60 FT TRAVEL TIME = .1 MIN
.9 1.8 8.46 SLOPE= .0042 FT/FT SPAN= 10-20 HRS, dt=.1 HRS
2.1 5.3 36.19
2.4d 6.1 42.25
2.7 6.7 46.07
2.8 6.9 46.50
2.9 7.0 46.07
3.0 7.1 43.23

Andrew & Kuske John R.Andrew,P.E.
CONSULTING ENGINEERS, INC. J.A. Kuske,P.E.
J. Phillip Norris,P.E.
902 Market St. •Wilmington,North Carolina 28401-4733•Telephone [phone]•Fax [phone]•[e-mail]
October 3, 2000
Ms. Linda Lewis
NCDENR/Div. of Environmental Mgmt.
127 Cardinal Drive Extension RECEIVED
Wilmington, NC 28405-3845
Re: Westfall Office Park OCT 0 6 2000
Stormwater Permit—SW8990306 Mod. DWQ
New Hanover County pRoj# SCA gcfp 30(0
A&K No. 98244
Dear Ms. Lewis:
In reference to your letter of 9/27/00, please find the requested information and the following
responses to your comments:
1. Pursuant to your request please find the 3/99 Form SWU-102.
2. The approval letter will be sent to your office once received.
3. Pond 4 was not constructed in its previously shown and approved location; therefore, we are
submitting the permit modification for Pond 4 to be relocated as shown on the revised plans.
The proposed Pond 4 location is the existing pond as shown on the original approved plans.
4. Please find the plan sheet C1 which shows all drainage areas. Only Ponds 1 and 2 are
constructed to date.
5. The outlet structure has been moved to the south to accommodate the required pond surface
area for the drainage area into the north and south forebays. Please find the requested
additional surface area calculations for Pond 4 for minimum surface area per drainage area to
each forebay. The pond surface area is oversized by 16,618 sf of the required.
6. Pond calculations are sealed.
If you should have further questions or comments, please do not hesitate to contact our office.
Sincerely,
ANDREW& KUSKE
CONSULTING ENGINEERS, I C.
Jo n S. Tunstall, P.E.
JST/cjf
98244-100300Itr

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt,Jr., Governor NCDENRBill Holman, Secretary
Division of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 27, 2000
Mr. Raiford G. Trask, Jr., Owner
1202 Eastwood Road
Wilmington,NC 28403
Subject: ACKNOWLEDGMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 990306 Mod
Westfall Office Park
New Hanover County
Dear Mr. Trask:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Westfall Office Park on August 24, 2000. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
1. Please use the latest version of the detention pond supplement dated March, 1999,to provide
the data for the modifications to Pond 4. You will need to complete all four pages and sign
the supplement for this pond modification.
2. Please provide an approval letter from the Corps of Engineers regarding the filling of the
existing wetland for the placement of Pond 4.
3. Pond 4 is labeled as existing,however,the plans approved on July 8, 1999, do not show this
pond in the same location as it currently exists. No permit modifications have been approved
for the relocation of pond 4. Why was the pond built in a location that was not permitted?
4. Please show the other ponds and their drainage areas on sheet C1(R3). This sheet will
replace those in the current approved set,therefore, all information shown on the approved
plans must be shown on the replacement plans.
5. The new pond will have two inlet points, effectively halving the surface area and flow path.
Please demonstrate that the amount of surface area and the flow path length in each half of
the pond can meet the minimum requirements, based on the drainage area for each inlet
point. If possible,please try to have only one inlet to allow the runoff sufficient area to settle
out the solids.
6. Please seal the revised Pond 4 calculations.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

Mr. Trask
September 27, 2000
Stormwater Project No. SW8 990306 Mod
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to October 27,2000, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items,
including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90
days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents
that need to be-revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at(910) 395-3900.
Sincerely,
gen-7'616U iete-,U";
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\990306.SEP
cc: Linda Lewis
John Tunstall, P.E.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

ANDREW & KUSKE John R. Andrew, P.E.
CONSULTING ENGINEERS, INC. �. .,�__��a - J.A. Kuske, P.E.
:!. J. PhillipNorris, P.E.
902 Market Street
Wilmington, NC 28401-4733 AUd 2 9 c UUU 910-343-9653/ FAX [phone]
LETTER OF TRANSMITTAL
-
To: Linda Lewis Date: August 28, 2000 Job No.98244
NCDENR/Div. of Environmental Mgmt. Subject: Westfall Office Park
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
WE ARE SENDING YOU VIA Mail TRANSMITTAL:::H ,NUMBER OF PAGES.
ATTACHED El UNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
' ❑ SPECIFICATIONS 0 DISKS 0 COPY OF LETTER
Call:::.:: ;1<t 343:-.:. .; `.;: yo
u ` i06.:`:any`:.:i t��.:l:
;:'e Iv>::..�: is mess ; :>: :;:>.;:> < ::.;:>. ::;:. >::>:>
COPIES DATE NO. DESCRIPTION
1 Pre-Construction Notification Application
i I
❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL
® FOR YOUR USE 0 FOR BIDS DUE 0 YOUR PRINTS LOANED TO US
REMARKS:
CC: SIGNED John S. Tunstall, PE /cjf
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If
you are not the addressee or the person responsible for deiivering it to the addressee you are hereby notified that any dissemination,distribution or copying
of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above.

DHH ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED(PROVIDE NATIONWIDE PERMIT#): 12&39
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND(1)COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS
OF ENGINEERS(SEE AGENCY ADDRESSES SHEET). SEVEN(7)COPIES SHOULD BE SENT TO THE N.C.DIVISION OF
ENVIRONMENTAL MANAGEMENT(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Raiford Touk do Mr.John Tunstall
2. MAILING ADDRESS: AndCw&Kuske Coniang Engineers
902 Market Street
Wilmlrlaton.NC 28401
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME(IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Wastrel!Office Park located on Military Cutoff Road In WIlminaton,
North Carolina. A copy of the IQ igo may Ig Included In the mime
3. TELEPHONE NUMBER(HOME): (WORK):910-343-9653
4. IF APPLICABLE:AGENTS NAME OR RESPONSIBLE CORPORATE OFFIcILL,ADDRESS,PHONE NUMBER:
Land Management Group, Inc.
Paul M. Farley
MAILING ADDRESS: PHYSICAL ADDRESS: TELEPHONE:
P.O. Box 2522 3805 Wrightsville Ave..#14 office [phone]
Wilmington,N.C.28402 Wilmington,N.C.28403 tax [phone]
5. LOCATION OF WORK(PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: New Hanover NEAREST TOWN OR CITY: Wilmington
SPECIFIC LOCATION(INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Wastrel!office Park Is located on the east aide of Military Cutoff Road in Wilmington. North
Carolina.A Ioc atio,Lr»ao Is Included in the Dackaae
8. IMPACTED OR NEAREST STREAM/RIVER: Barren Inlet Branch RIVER BASIN:Cane Fear
7a, IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS(HOW),OUTSTANDING RESOURCE WATERS(ORW), WATER SUPPLY(WS-I OR
WS-II)? YES[ 1 NO[x 1 IF YES,EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN(AEC)? YES[ ] NO[x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY(SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES),WHAT IS THE LAND USE PLAN(LUP)DESIGNATION? Resource Protection
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES fx J NO(] IF YES,PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL
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INFORMATION(INCLUDE PHOTOCOPY OF 4010ERTIFICATION):Have received NWP 14 for three road
crossings totaling less than 0.15 acre
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ I
NO Ix IF YES, DESCRIBE ANTICIPATED WORK
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND 70
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 17.5
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.01 EXCAVATION: N/A
FLOODING: 0.40 OTHER: N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.41 acres
10b. (1)STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT(IF RELOCATED.
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
LENGTH BEFORE N/A FT. AFTER: N/A FT.
WIDTH BEFORE(based on normal high water contours): N/A FT.
AVG DEPTH BEFORE: N/A FT. AFTER: N/A FT.
(2)STREAM CHANNEL IMPACT WILL RESULT FROM:(CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: NA CONSTRUCTION OF A DAM: N/A
FLOODING: N/A OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED,WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? 36
WHAT IS THE EXPECTED POND SURFACE AREA? -Q.50
12, DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED(ATTACHED PLANS: 8 W X 11" DRAWINGS ONLY):
Protect completion calls for an existing pond originally excavated from high around to be used as a
'stormwater retention pond. A short wetland crossing will be necessary to route stormwater into the pond.
All work will be constructed to acceptable enoineeerino specifications
13. PURPOSE OF PROPOSED WORK Thy orolecd will enable stormwater retention tg be completed
on site with minimal excavation
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
The applicant does not wish to fill wetlands In the pond creation, The applicant wishes to uit2 the
present borrow as a stnrmwater retention pond. The impacted area, Qripinaily excavated from
uplands. The NWP 12 Is necessary to route water into the pond.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL.MARINE FISHERIES SERVICE(NMFS)(SEE AGENCY ADDRESSES SHEET)REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT. DATE CONTACTED: 8/22/00
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER(SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT,
DATE CONTACTED: 8/22/00
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE)LAND?
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YES[ j NO[X] (IF NO, GO TO 18)
18, THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS,STREAMS,LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALL STREAMS
(INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP
SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE,REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential. farming.office soave
f, IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? City sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
*NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION,AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY),A LETTER FROM THE NORTH CAROLINA DIVISION
OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
OWNER'S/AGENT'S SIGNATURE DATE
Paul M. Farley
Wetland Scientist
Land Management Group
(AGENT'S SIGNATURE VALID ONLY IF
AUTHORIZATION L. IIER FROM THE
OWNER IS PROVIDED(18g.))
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N1NP Request Lend Management Group, Inc.
Westfail Office Park E"`t"4""'$"�l ConsultantsSCS Soil Survey
New Hanover County, NC Wilmingfan, N.C. New Hanover County
March 1998
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== Andrew & Kuske John R.Andrew,P.E.
__ —= CONSULTING ENGINEERS, INC. J.A. Kuske,P.E.
J. Phillip Norris,P.E.
902 Market St. •Wilmington,North Carolina 28401-4733•Telephone [phone]•Fax [phone]•akengnrs©wilmington.net
August 22, 2000
Ms. Linda Lewis, Environmental Engineer
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Westfall Office Park
Wilmington, NC
State Stormwater Permit Submittal Modification — Pond #4
SW8 990306
A&K Project No. 98244
Dear Ms. Lewis:
Enclosed are two sets of revised plans for the subject project, one set of revised
calculations, the revised page 4 of SWU-102 supplement form, and a $420.00
check for the modification of the Pond 4 of the Westfall Office Park.
The Westfall Office Park was previously permitted in July 1999 under Permit
number SW8 990306. If you have any questions, please call.
Sincerely,
ANDREW& KUSKE
CONSULTING ENGINEERS, INC.
A .blk .._Xt.,
Jo n S. Tunstall, P. E. RE C I VED
JST/asn AUG 2 4 2000
DWQ
98244sw1 PROD# SO4 �O (a k(JD
Enclosures

P. 1
* * * COMMUNICATION RESULT REPORT ( JAN.11.2000 1:34PM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
209 MEMORY TX 9-3438869 OK P. 7/7
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B.Hunt, Governor Bill Holman, Secretary
F.AX COVER SHEET
Date: —f!-- 2 No. of Pages: r
To: rRO ,o ]A1.. From: Linda Lewis
Company:AL.GC 11 k(C kJ 4LO Water Quality Section-Stormwater
FAX#: 4 -8 5 Coq FAX#: [phone]
DWQ Stormwater Project# SCU 5 qqo 50 C
ProjectName W sTFA L- C) P/ Pi4R/C
REMARKS: z Se 5ee o-F rri i
rc rf r+•C. `orb sty •
127 Cardinal Drive Extension,Wilmington,NC 28405.3845 Telephonc(910)395-3900 FAX[phone]
An Equal Opportunity Affirmative Action Employer

an-1O-OO 02 : 30P P_01
ALLEN AND MACDONALD
ATTORNEYS AT LAW
212 NORTH FIPTH STREET
WILMINGTON, NC 28401
PHONE [phone] P.O.BOX 241
FAX [phone] WILMINGTON, NC 28402
DATE: 1 -10-00
TO: LINDA ":"%
FROM: TAMES P Mpo µAL L) (perrygwi1 NurtJ
RE: V'4e6+cail �rk0514
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STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER FOR WESTFALL PARK
This Declaration, Made the 6th day of January, 2000, by WESTFALL
PROPERTIES, LLC, hereinafter referred to as"Declarant"or"Developer"for the purposes
hereinafter stated:
WITNESSETH _
Whereas, Declarant is the owner of certain real property in New Hanover County,
North Carolina, known as Section 1, Westfall Park, which is shown on a plat recorded in
the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book
Page ,to which reference is made for a more particular description(the "Proper-
ty").
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set forth
in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following
easements, restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
SECTION 1. Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above
described Property, and annexed to and made a part of the Planned Community (as
hereinafter defined).
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Westfall Park Owners'
Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
SECTION 4. Common Elements shall mean and refer to all lands and easements
within or appurtenant to the Planned Community owned by the Association, other than a
Lot, and intended for the common use and enjoyment of the Owners, including, without
limitation, any private roads and storm water retention ponds within the Planned

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Community. Common Elements shall also include any landscaping, sidewalks, lighting,
and irrigation located within the boundaries of any public roads.
SECTION 5, Common Expenses means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves.
SECTION 6. Common Expense Liability means the liability for Common Expenses
allocated to each Lot as permitted by the Act, this Declaration or otherwise by law.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required .by the
context)and shall mean and refer to Westfall Properties, LLC, its successors and assigns,
if such successors or assigns should acquire undeveloped property from the Declarant or
a Lot not previously disposed of for the purpose of development and reserves or succeeds
to any Special Declarant Right..
SECTION 8. Declaration shall mean this instrument as it may be from time to time
amended or supplemented.
SECTION 9. Executive_Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration to act
on behalf of the Association.
SECTION 10. Limited Common Elements shall mean areas and facilities within any
Lot which are for the exclusive use of the Lot Owner but which the Association is obligated
to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall
consist of (if none, so state).
SECTION 11_ Lot(s)shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner.
SECTION 12. Lot Owner shall mean the Declarant or other Person who owns a fee
simple title to any Lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
SECTION 13. Person means a natural person, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental subdivision, or
agency or other legal or commercial entity.
SECTION 14_ Planned Community shall mean and refer to the Property plus any
Additional Property made a part of Planned Community.
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SECTION 15. Purchaser means any Person, other than a Declarant or a Person
in the business of selling real estate for the purchaser's own account, who by means of a
voluntary transfer acquires a legal or equitable interest in a Lot, other than (i)a leasehold
interest (including renewal options) of less than 20 years, or (ii) as security for an
obligation.
SECTION 16. Reasonable,Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Property Rights and Easement of Enjoyment. Every Owner
shall have and is hereby granted a right and easement of enjoyment in and to the Common
Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners;
(b) The Association may mortgage or convey the Common Elements, or
dedicate or transfer all or part of the Common Elements, to any public agency, authority
or utility for such purposes and subject to such conditions as may be agreed to by the
Members; provided, however, that the Association may without the consent of the Owners
grant easements over the Common Elements for drainage systems and public utilities
servicing the Planned Community, that any conveyance or encumbrance of Common
Elements shall be subject to any rights of ingress and egress to any Lot over private
streets.
(c) The Board of Directors on behalf of the Association, as a Common
Expense, may at all times keep the Common Elements and other assets of the
Association, if any, insured against loss or damage by fire or other hazards and such other
risks, including public liability insurance, upon such terms and for such amounts as may
be reasonably necessary from time to time to protect such property,which insurance shall
be payable in case of loss to the Association for all Members. The Association shall have
the sole authority to deal with the insurer in the settlement of claims. In no event shall the
insurance coverage obtained by the Association be brought into contribution with insurance
purchased by Members or their mortgagees.
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SECTION 2. Easements in Favor of Declarant and the Association. The following
easements are reserved to Declarant and the Association, their successors and assigns:
(a) easements as necessary in the lands constituting the Common Elements
and the rear, front and side ten feet of each Lot for the installation and maintenance of
utilities and drainage facilities; including the right of Declarant and the Association to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to
be recorded in the office of the Register of Deeds of New Hanover County; the right to cut
drain ways, swales and ditches for surface water whenever such action may appear to the
Developer or the Association to be necessary in order to maintain reasonable standards
of health, safety and appearance;the right to cut any trees, bushes or shrubbery; the right
to make any grading of the soil, or to take any other similar action reasonably necessary
to provide economical and safe utility installation and to maintain reasonable standards of
health, safety and appearance; and the right to locate wells, pumping stations, and tanks
within residential areas, or upon any Lot with the permission of the owner of such Lot. No
structures or plantings or other material shall be placed or permitted or remain upon such
easement areas or other activities undertaken thereon which may damage or interfere with
the installation or maintenance of utilities or other services, or which may retard, obstruct
or reverse the flow of water or which may damage or interfere with established slope ratios
or create erosion problems. These easement areas (whether or not shown on the
recorded plats for the Planned Community)and improvements within such areas shall be
maintained by the respective Owner except those for which a public authority or utility
company is responsible.
(b) easements over all private streets, if any, access easements, and
Common Elements within the Planned Community as necessary to provide access,ingress
and egress, to any Additional Property.
(c) an easement of unobstructed access over,on, upon,through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limited Common Elements required
by this Declaration. This easement shall also run in favor of the Association and the
Association's agents, employees, successors and assigns.
SECTION 3. Other Easements. The following easements are granted by Declarant
to others:
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(a) an easement is hereby granted to all police, fire protection, ambulance
and all similar persons, companies or agencies performing emergency services, to enter
upon all Lots and Common Elements in the performance of their duties.
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other person authorized by it, shall have the right to
enter any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners, and such right of
entry shall be immediate.
(c) the Association is granted an easement over each Lot for the purposes
of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in
accordance with this Declaration.
SECTION 4. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of
and be binding on the Declarant and the Association, their successors and assigns, and
any Owner, purchaser, mortgagee and other person having an interest in the Property or
any Additional Property, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust deed
or other evidence of obligation, to the easements and rights described in this Declaration_
ARTICLE III.
OWNERS' ASSOCIATION
SECTION 1 Formation of Association. The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots to operate and maintain the
Common Elements and any Limited Common Elements in accordance with this
Declaration, its Charter and Bylaws.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Association_
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners, with the exception of
the Declarant, and shall be entitled to one vote for each acre of land or fraction thereof
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equal to or exceeding one-half acre within the Owner's Lot. When more than one person
holds an interest in any Lot, all such persons shall be Members. The votes for such Lot
shall be exercised as they determine, but in no event shall the Owners of the Lot
collectively be entitled to cast more than aggregate number of votes with respect to any
Lot. Fractional voting with respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be
entitled to two (2) votes for each vote held by the Class A Members. The
Class B Membership shall cease on the happening of any of the following
events, whichever occurs earlier:
(a) when the Developer no longer owns any land within the
Development, or
(b) upon the voluntary surrender of all Class B Membership by the
holder thereof.
The period during which there is Class B Membership is sometimes referred to
herein as the "Declarant Control Period".
SECTION 4_ Government Permits. All duties, obligations, rights and privileges of
the Declarant under any water, sewer, stormwater and utility agreements, easements and
permits for the Planned Community with municipal or governmental agencies or public or
private utility companies shall be the duties, rights, obligations and privileges the
responsibility of the Association.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1 . Creation of.the Lien and Personal Obligation of Assessments. Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the "Assessments"):
A. Annual Assessments;
B. Special Assessments for Capital Improvements;
The Assessments, together with interest,costs and reasonable attorney's fees,shall
be a charge on the land and shall be a continuing lien upon the respective Lot against
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which the Assessments are made. Each such Assessment, together with interest, costs
and reasonable attorney's fees, shall also he the personal obligation of the person who
was the Owner of such Lot at the time when the Assessment fell due. The personal
obligation for delinquent Assessments shall not pass to the Owner's successors in title
unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation, health, safety and
welfare of the Owners and residents of the Property and Additional Property and for the
maintenance, repair and replacement of the Common Elements and any Limited Common
Elements. The funds arising from said assessments or charges, may be used for any or
all of the following purposes: Operations, maintenance and improvement of the Common
Elements, and any Limited Common Elements,including payment of utilities;enforcing this
Declaration; paying taxes, insurance premiums, legal and accounting fees and governmen-
tal charges; establishing working capital;paying dues and assessments to any organization
or master association of which the Association is a member; and in addition, doing any
other things necessary or desirable in the opinion of the Association to keep the Common
Elements and Limited Common Elements in good operating order and repair.
SECTION 3. Annual Assessments. At least 60 days before the beginning of each
calendar year,the Executive Board shall establish a proposed operations and maintenance
budget for the calendar year. If the amount of the budget does not exceed the prior years
budget by over 10 percent, then the budget shall become final without approval of the
members. If the budget exceeds the prior year's budget by 10 percent, then within 30
days after adoption of the proposed budget for the Planned Community, the Executive
Board shall provide to all of the Lot Owners a summary of the budget and notice of a
meeting to consider its ratification, including a statement that the budget may be ratified
without a quorum. The budget is ratified unless at the meeting a majority of all of the Lot
Owners in the Association rejects the budget. In the event the proposed budget is
rejected, the periodic budget last ratified by the Lot Owners shall be continued until such
time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The
budget thus established shall be the Annual Budget.
The Annual Assessment for each Lot shall be that percentage of the Annual Budget
arrived at by dividing the square footage within the Lot by the total square footage of all
Lots within the Development. Notwithstanding the foregoing, the first Annual Assessment
shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The due
date for payment shall be established by the Executive Board. The Executive Board shall
have the authority to require the assessments to be paid in periodic installments. The
Association shall, upon demand, and for a reasonable charge furnish a certificate signed
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by an officer of the Association setting forth whether the assessments on a specified Lot
have been paid.
SECTION 4. Seecial Assessments for Capital Improvements, In addition to the
Annual Assessments authorized above,the Association may levy,in any assessment year,
a Special Assessment applicable to the year only for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Elements and any Limited Common Elements, including
fixtures and personal property related thereto, provided that any such assessment shall
have the assent of a majority of the Members of each class who are voting in person or by
proxy at a meeting duly called for this purpose.
SECTION 5. Rate of Assessment. The Association may differentiate in the amount
of Assessments charged when a reasonable basis for distinction exists, such as between
vacant Lots of record and Lots of record with completed structures for which certificates
of occupancy have been issued by the appropriate governmental authority, or when any
other substantial difference as a ground of distinction exists between Lots. However,
Assessments must be fixed at a uniform rate for all Lots similarly situated.
SECTION 6. Commencement of Assessments. Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 7. Effect Of N.Qnoayment of Assessments And Remedies Of The
Association. Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable by law. The
Association may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common
Elements or abandonment of his Lot. All unpaid installment payments of Assessments
shall become immediately due and payable if an Owner fails to pay any installment within
the time permitted. The Association may also establish and collect late fees for delinquent
installments.
SECTION 8. Lien for Assessments. The Association may file a lien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of 30 days or
longer.
(a) The lien shall constitute a lien against the Lot when and after the claim
of lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located. The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General
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Statutes. Fees, charges, late charges,fines, interest,and othercharges imposed pursuant
to this Declaration are enforceable as Assessments.
(b) The lien under this section shall be prior to all liens and encumbrances
on a Lot except(i) liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in
the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other
governmental assessments and charges against the Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of the claim of lien
in the office of the Clerk of Superior Court.
(d) Any judgment, decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party,
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable
for the Assessments against the Lot which became due prior to the acquisition of title to
the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common
Expenses collectible from all of the Lot Owners including such purchaser, its heirs,
successors and assigns.
(f)A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and privileges
which shall be in addition to the Special Declarant Rights and any other rights, powers and
privileges reserved to the Declarant herein:
SECTION 1. The Architectural Control Committee. All duties and responsibilities
conferred upon the Architectural Control Committee by this Declaration or the Bylaws of
the Association shall be exercised and performed by the Declarant or its designee, so long
as Declarant shall own any portion of the Property or any Additional Property.
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SECTION 2. Plan of Planned Community. The right to change, alter or re-
designate the allocated planned, platted,or recorded use ordesignation of any of the lands
constituting the Planned Community including, but not limited to, the right to change, alter
or redesignate road, utility and drainage facilities and easements and to change, alter or
redesignate such other present and proposed amenities or facilities as may in the sole
judgment and discretion of Declarant be necessary or desirable. The Declarant hereby
expressly reserves unto itself, its successors and assigns, the right to re-plat any one (1)
or more Lots shown on the plat of any subdivision of the Property or Additional Property
in order to create one or more modified Lots; to further subdivide tracts shown on any such
subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract
and Lots to create a larger tract; to eliminate from this Declaration Lots that are not
otherwise buildable or are needed for access or are needed for use as public or private
roads or access areas, whether serving the Planned Community or other property or are
needed for Common Elements or amenities, and to take such steps as are reasonably
necessary to make such re-platted Lots or tracts suitable and fit as a building site or access
area or roadway or Common Elements.
The Declarant may at anytime dedicate to the public any private streets or utility
facilities within the Development
SECTION 3. Amendment of Declaration by the Declarant. This Declaration may
be amended without member approval by the Declarant, or the Board of the Association,
as the case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To the extent this Declaration applies to Additional Property.
C. To correct any obvious error or inconsistency in drafting, typing or
reproduction.
D. To qualify the Association or the Property and Additional Property,or any
portion thereof, for tax-exempt status.
E. To include any platting change as permitted herein.
F. To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property.
G. To address and accommodate (i)the broad range of uses permitted under
the current zoning ordinance applicable to the Property and (ii)the fact that the Developer
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is unable to determine at this time the sizes of the various Lots which may be subjected
to this Declaration, the Declarant may, at anytime the Declarant owns any land within the
Development, amend this Declaration in any fashion Declarant deems appropriate. It is not
th.e intention of this provision to circumvent the general or common scheme of
development described herein but to accommodate situations or circumstances which may
arise during the course of development and to alleviate practical differences and hardship
in the enforcement and operation of this Declaration. In addition to amending this
Declaration for such purposes, the Developer shall be entitled to grant variances and
adjustments from these protective covenants as they apply to any particular Lot.
SECTION 4. Annexation of Additional Property. Declarant may annex to and make
a part of the Planned Community any other real property which Declarant now owns or
which Declarant may hereafter acquire or develop (the "Additional Property").
ARTICLE VI.
USE RESTRICTIONS. ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Approval of Plans for Building and Site Improvements. No building,
wall or other structure shall be commenced, erected,or maintained upon any Lot, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the plans and specifications showing the nature, kind,
shape, heights, materials, colors and location of the same (including proposed setbacks
and the location of outside walkways, drives, trash containers, parking areas, parking area
striping, storage areas/tanks,loading/service areas and utilities,plus proposed lighting and
signage) shall have been submitted to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography by the Declarant,
or its designee, or, after the sale of all Lots by Declarant, by the Executive Board, or by an
Architectural Control Committee composed of three(3)or more representatives appointed
by the Board, In the event the Declarant, or its designee, or, if applicable, the Board, or
the Architectural Control Committee, fails to approve or disapprove such design and
location within thirty (30)days after said plans and specifications have been submitted to
it, approval will not be required and this Article will be deemed to have been fully complied
with. Refusal or approval of any such plans, location or specification may be based upon
any ground, including purely aesthetic and environmental considerations, that in the sole
and uncontrolled discretion of the Declarant,the Board,or Architectural Control Committee
shall be deemed sufficient. One copy of all plans and related data shall be furnished to the
Declarant, the Board, or Architectural Control Committee, as the case may be, for its
records. Neither the Declarant, the Board, nor the Architectural Control Committee shall
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be responsible for any structural or other defects in plans and specifications submitted to
it or any structure erected according to such plans and specifications.
SECTION 2. Minimum Standards for Site Improvements.
A. Exterior Materials. The exterior of all buildings shall be constructed of
masonry, stucco and/or glass.
B. S•etbacks. The site and location of any house or structure upon any Lot
shall be controlled by and must be approved absolutely by the Declarant, the Board, or the
Architectural Control Committee, as the case may be; provided, however, each building
(including outbuildings) shall be set back 50' from any street right of way (except 30' for
Lots of less than 250' in depth) and 15' from any other boundary line. Except at the point
of connection to a street right of way, all drives and parking area shall be set back 10'from
any street right of way and 5' from any other boundary line.
C. Construction Completion. The exterior of all structures and landscaping
must be completed within twenty (24) months after the construction of same shall have
commenced, except where such completion is impossible or would result in great hardship
to the Owner or builder, due to strikes, fires, national emergency or natural calamities.
D. Screening. All service utilities, garbage receptacles, exterior storage
areas, fuel tanks, and loading docks are to be enclosed within a screen of a type and size
approved by the Declarant, the Executive Board or the Architectural Control Committee,
so as to preclude the same from causing an unsightly view from any highway,street or way
within the Development, or from any other Lot within the Development.
E. Utilities. All secondary power lines and communication lines on a Lot shall
be'placed underground,
F. Stormwater Regulations. Each Owner shall comply with all stormwater
runoff and other governmental regulations applicable to the Owner's Lot. The State of
North Carolina is hereby made a beneficiary of this Declaration to the extent necessary to
enforce its stormwater runoff regulations. This paragraph may not be changed or deleted
without the consent of the State of North Carolina.
SECTION 3. Use Restrictions.
A. Land Use And Building Tye. No Lot shall be used for any purpose
except for office and retail purposes. Notwithstanding the foregoing, during the Declarant
Control Period, the Declarant may authorize any other use permitted for the Planned
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Community under the then applicable zoning classification for the Planned Community
established by the City of Wilmington.
B. Nuisances. No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the Development. There shall not be maintained any plants or animals, nor
device or thing of any sort whose normal activities or existence are in any way noxious,
dangerous,unsightly, unpleasant or other nature as may diminish or destroy the character
of the Development as a first class office and retail center. It shall be the responsibility of
each Owner to prevent the development of any unclean, unsightly or unkept condition of
buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the
Development as a whole or the specific area.
C. Temporary Structures_ No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time
either temporarily or permanently without the written consent of the Association or its
designee; provided, however, that this shall not prevent the use of a construction trailer or
office on any part of the Planned Community until the construction of improvements are
completed.
D. Construction in Common Elements. No person shall undertake, cause,
or allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Association.
E. Signs. No signs (including "for sale"or"for rent"signs)shall be permitted
on any Lot or in the Common Elements without permission of the Executive Board.
I_ Subdividing. Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary lines changed except with the prior written consent of
the Declarant during the period of Declarant control of the Association and thereafter by
the Executive Board,
SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat
and in good condition and repair. All shrubs, trees, grass and plantings shall be kept
neatly trimmed and properly cultivated. Each Owner shall maintain and keep in good
repair the exterior of all structures and all parking areas and other exterior facilities.
Parking areas, sidewalks and grounds shall be kept clear and free of snow, ice, rubbish
and obstructions of every nature with adequate drainage and lighting provided thereon.
Striping on parking areas shall be renewed as necessary to remain bright and visible. Any
structures damaged or destroyed by fire or other casualty shall immediately be repaired,
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replaced, or demolished and the site left clean and neat. Burned out light bulbs shall be
replaced immediately.
ARTICLE VII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1. Lots Subject to Declaration. The covenants and restrictions contained
in this Declaration are for the purpose of protecting the value and desirability of the
Planned Community and the Lots contained in it. 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 the Declaration, and as the Declaration may be 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 the
Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants
and restrictions of this Declaration shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot, their heirs, successors and
assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years, unless terminated by the Lot Owners.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal representatives,
heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles
of Incorporation, Bylaws and Rules and Regulations. In addition to the remedies otherwise
provided for herein concerning the collection of Assessments, the following remedies shall
be available:
A. Association to Remedy Violation. In the event an Owner (or other occupant of
a Lot) is in violation of or fails to perform any maintenance or other activities required by
this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board or its designee, after 30-days notice, may enter upon the Lot and remedy
the violation or perform the required maintenance or other activities, all at the expense of
the Owner, and such entry shall not be deemed a trespass. The full amount of the cost of
remedying the violation or performing such maintenance or other activities and shall be
chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such
amounts shall be due and payable within 30 days after Owner is billed. If not paid within
said 30 day period, the amount thereof may immediately be added to and become a part
of the Annual Assessment levied against said Owner's Lot. In the event that any
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maintenance activities are necessitated to any Common or Limited Common Elements by
the willful act or active or passive negligence of any Owner, his family, guests, invitees or
tenants, and the cost of such maintenance, repair or other activity is not fully covered by.
insurance, then, at the sole discretion of the Board of Directors of the Association,the cost
of the same shall be the personal obligation of the Owner and if not paid to the Association
upon demand, may immediately be added to and become a part of the Annual Assessment
levied against said Owner's Lot. Notwithstanding the foregoing, the Association shall not
have a lien for the cost of any maintenance and repairs mentioned in this section if the
Association is obligated to make such repairs or conduct such maintenance by virtue of
yards or structures being Limited Common Elements.
B. Fines. The Association may establish a schedule of and collect fines for the
violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or
Rules and Regulations. If an Owner does not pay the fine when due, the fine shall
immediately become a part of and be added to the Annual Assessment against the
Owner's Lot and may be enforced by the Association as all other Assessments provided
for herein.
C. Suspension of Services and Privileges. The Association may suspend all
services and privileges provided by the Association to an Owner (other than rights of
access to Lots) for any period during which any Assessments against the Owner's iot
remain unpaid for at least 30 days or for any period that the Owner or the Owner's Lot is
otherwise in violation of this Declaration or the Association's Charter,Bylaws, or Rules and
Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII.
GENERAL PROVISIONS
SECTION 1. Insurance. Each Owner will maintain fire and casualty insurance
covering the improvements on the Owner's Lot in an amount of 80% of the replacement
value of the improvements. The Owner will provide Declarant with such evidence that the
required insurance is in effect as Declarant may reasonably request.
SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
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Association during normal business hours, (b) receive an annual audited financial
statement of the Association within ninety (90)days following the end of its fiscal year, (c)
receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any condemnation
or casualty loss that affects either a material portion of the Planned Community or the
Property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in
the payment of assessments or charges owed by any Owner of any property which is
security for the loan, (f) receive written notice of a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained by the Association, (g)
receive written notice of any proposed action that requires the content of a specified
percentage of mortgage holders, and (h) be furnished with a copy of any master insurance
policy.
SECTION 3. Utility Service. Declarant reserves the right to subject the Property
to contracts for the installation of utilities, cable TV and street lighting, which may require
an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each
Lot Owner will be required to pay for any water connections, sewer connections, impact
fees or any other charges imposed by any entity furnishing water, sewer or other utility
service to the Lots. In the alternative, the Developer may collect such connection, impact
and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required
to use water and sewer supplied by the companies/governmental units servicing the
Planned Community. Separate water systems for outside irrigation and other outdoor uses
shall not be permitted without the consent of the Declarant or the Association.
SECTION 4. Severabili y. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect,
SECTION 5. Amendment of Declaration. Except in cases of amendments that may
be executed by the Declarant under this Declaration,this Declaration may be amended by
affirmative vote or written agreement signed by Owners of Lots to which at least sixty-
seven percent (67%) of the votes in the Association are allocated, or by the Declarant if
necessary for the exercise of any right reserved to the Declarant herein.
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be
executed in their corporate name and the corporate seal affixed by its duly authorized
officers as of the day and year first above written.
WESTFALL PROPERTIES, LLC (SEAL)
By: --. (SEAL)
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Jan-10-00 02 : 36P P. 18
Member
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the county and state aforesaid, certify that
ay
acknowledged that he is a Member of WESTFALL PROPERTIES ora LLCe t and fu and
rther
acknowledged the due execution of this instrument on behalf of Westfall, LLC, the limited
liability company,
Witness my hand and official stamp or seal, this day of January, 2000.
Notary Public
My commission expires:_,
(SEAL)
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