SW8990413_Current Permit_20090423

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 23, 2009
Mr. Butch VonCannon, President
Kure Estates Homeowner's Association, Inc.
122 Clementree
Kure Beach, NC 28449
Subject: Stormwater Permit No. SW8 990413
Kure Estates, Phase III
High Density Subdivision Project
New Hanover County
Dear Mr. VonCannon:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Management Renewal Permit
Application for Kure Estates, Phase III on April 9, 2009. Staff review of the plans and
specifications has determined that the completed project, complies with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. Therefore Permit No. SW8 990413 has been
renewed on April 23, 2009 and shall be effective until August 19, 2019.
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.
The re -issuance of this stormwater permit does not imply that the site is currently in compliance
with the terms and, conditions of this state stormwater permit. Please refer to the enclosed
Compliance Inspection Report from the inspection conducted on March 10, 2009.
The plans previously approved on August 19, 1999 remain in full force and effect.
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
Christine Nelson, or me at [phone].
Sin rely,
,1-4o �w
Georgette cots
Stormwater Supervisor
Division of Water Quality
Enclosure: Compliance Inspection Report
GDS/can: S:\WQS\STORMWATER\PERMIT1990413ren.apr09
cc: Christine Nelson
Wilmington Regional Office Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NoMCarolina
Internet www.ncwaterquality.org a /�U
An Equal Opportunity 1 AiBrmadve Action Employer ) a ��` ra ` i/

State Stormwater Management Systems
Permit No. SW8 990413
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Butch VonCannon & Kure Beach Homeowner's Association, Inc.
Kure Estates, Phase Ill
Kure Village Way, Kure Beach, New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond 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 August 19, 2019 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 in Section 1.5 of this permit. The subdivision is permitted for
44 lots, each allowed a maximum of 3,000 square feet of built -upon area.
Further subdivision of the project area such that additional lots are created, will
require a permit modification prior to such subdivision.
3. The runoff from all built -upon area within the permitted drainage area(s) of this
project must be directed into the permitted stormwater control system.
4. The tract will be limited to a maximum of 172,960 square feet of built -upon area.
The wet pond has been designed to treat the runoff from 172,960 square feet of
Built -Upon Area.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 990413
5
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres:
Onsite, ft :
Offsite, ft2:
b. Total Impervious Surfaces, ft2:
44 Lots at 3,000 ft2:
Roads/Parking, ft2:
c. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP ft2:
h. Permitted Storage Volume, it':
i. Temporary Storage Elevation, FMSL
j. Controlling Orifice, inches:
k. Permanent Pool Volume, ft3
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
8.4
365,904
0
172,960
132,000
40,960
7.0
90%
ill
11.3
8,168
18,126
13.2
1.5" 0 pipe
31,540
6,370
1/8
UT to Cape Fear River / Cape Fear
18-(71)
"Sc"
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include.all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. 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.
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 990413
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further development, subdivision, acquisition, or sale of any, all or part of
the project area. The project area is defined as all property owned by the
permittee, for which Sedimentation and Erosion Control Plan approval or a
CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. 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.
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. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 990413
14. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
15. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
16. Prior to the sale of any lot, deed restrictions must be recorded which limit the
built -upon area per lot to the amount as shown on the Project Data Sheet, per
Section I, Part 3. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is 3,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of
swimming pools."
b. "The covenants pertaining to stormwater regulations may not be changed
or deleted without concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations."
e. "All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that naturally drain
into the system are not required to provide these measures."
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
18. The plans approved on August 19, 1999 remain in full force and effect.
19. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 990413
20. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
C. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for a fountain in this pond is 1/8 horsepower.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a completed
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality, signed by the parties involved, along with the appropriate documentation
as listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Neither the sale of the project nor the transfer of common area to a third party
constitutes legal transfer of the stormwater permit.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. 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.
5. 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.
6. 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.
7. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. The Permittee grants permission to staff of the DWQ to access the property for
the purposes of inspecting the stormwater facilities during normal business
hours.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
10. 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.
Page 6 of 7

State Stormwater Management Systems
Permit No. SW8 990413
11. The permittee shall submit a permit renewal application request at least 180 days
prior to the expiration date of this permit. The renewal request must include the
appropriate documentation and the processing fee.
Permit issued this the 23rd day of April, 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Or C:oieen jot 5umns, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number 5W8 990413
Page 7 of 7

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
� `4 - 11
*605. A cva
0 f
State of North Carolina
Department of Environment and Natural Resources
Division of eater Quality
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICAT
This form may be photocopied for use as an original TZ`V-WJNT ED
APR 0.9 .2009
I. GENERAL INFORMATION
lax;
1. Stormwater Management Permit Number: SW8990413
2. Permit Holder's name (specify the name of the corporation, individual, etc.):
Kure Estates Homeowner's Association, Inc.
3. Print Owner/Signing Official's name and title (person legally responsible for permit):
Butch VonCannon - President
4. Mailing Address for person listed in item 2 above:
122 Clementree
City:Kure Beach State:NC Zip:28449
Phone: (910 ) 458-6515 Fax:
Emai1:NA
5. Project Name: Kure Estates, Phase III
6. Location of Project (street address):
Kure Village Way
City:Kure Beach County:New Hanover Zip:28449
7. Directions to project (from nearest major intersection):
Approximately 3650 linear feet from the intersection of US HWY 421 and SR 1539 toward Ft Fisher to Kure
Village Way to project entrance.
U. PERMIT INFORMATION:
1. Specify the type of stormwater treatment: []Constructed Wetland ❑Bioretention ®Wet Detention Basin
❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes from project that was originally approved (attach additional pages if needed):
None
Form SW-102 (Renewal Form) Version 02.16.09 Pagel of 3

3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
®Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.)
❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the
Division of Water Quality Home Page under the BMP Manual link:
http://h2o.enr.state.nc.us/su/bmp_forms.htm)
III. 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 Office. (Appropriate office may be found by locating project on the
interactive online map at http://h2o.enr.state.nc.us/su/msi_maps.htm)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Stormwater Management Permit Renewal Application Form
• Application fee of $505.00 (made payable to NCDENR)
• Operation & Maintenance Verification or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the permit) IIJA
• Transfer of Ownership/Name Change Form (i f requesting transfer of ownership) AM -
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 3) Jeffery K. Becken
certify that the information included on this permit renewal application is, to the best of my knowledge, correct
and complete.
Signature: Date: D
Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3

Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print name:3effery K. Becken
Title: Stormwater Committee Chairman
Address:122 Clementree; Kure Beach, NC 28449
Phone: [phone]
Signature:
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, Srle ` 1C%L-- VA. , a Notary Public for the State of N%ortk (!&rot ino-
County of Now-, 40-r) ov RX , do hereby certi.Py that J QrT-Pe-r )/
personally appeared before me this day of _WLCC,k 2009 , and acknowledge the due
execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official
seal,
Notary Signature: ls—4 sm�-
-*#
My commission expires: 12l S 120 o q
Form SWU-102 (Renewal Form) Version 02.16.09 Page 3 of 3

Permit No. W
(to he 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 he 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 aereement.
I. PROJECT INFORMATION (please complete the following information):
Project Name: Kure Estates Phase III
Contact Person: r = � S-We AJ2m5 Phone Number: 910 ��9fl ZGVZ-(60(,O
For projects with multiple basins, specify which basin this worksheet applies to:
Basin Bottom Elevation
4.3
ft.
Permanent Pool Elevation
11.3
ft.
Temporary Pool Elevation
13.2
ft.
Permanent Pool Surface Area
8.168_
sq.ft.
Drainage Area
3 65 904_
sq. ft.
Impervious Area
3.97
ac.
Permanent Pool Volume
31,540_
cu.ft.
Temporary Pool Volume
18,126_
cu.ft.
Forebaz Volume
6,370_
cu.ft.
SA/DA1 used
0.019
Diameter of Orifice
1.5
in.
Design TSS Removal
90
%
H. REQUIRED ITEMS CHECKLIST
(average elevation of the floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(surface area to drainage area ratio)
(85% TSS removal required, see item k below)
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 211.1008.
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 3

a. The temporary pool controls runoff from the 1 inch storm event.
b. The basin length to width ratio is greater than 3: 1.
c. The basin side slopes above the permanent pool are no steeper than 3: 1.
d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail).
e. Vegetation above the permanent pool elevation is specified.
f. An emergency drain is provided to empty the basin.
g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
h. The temporary pool draws down in 2 to 5 days.
i. A trash rack is provided for both the overflow and orifice.
j. The forebay volume is approximately equal to 20% of the total basin volume.
k. Sediment storage is provided in the permanent pool.
1. A 30-foot vegetative filter is provided at the outlet2 (include erosive flow calculations).
r in. 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.
q. A debris check to be performed after every storm event is specified in the O & M plan.
r. Specific clean -out benchmarks are specified in the O & M plan (elevation or depth).
s. A legally responsible party is designated in the O & M plan3 (include name and title).
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:
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 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal.
3 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.
M. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention 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) ❑ does Vdoes not incorporate a vegetated filter.
This system (check one) ❑ does Vdoes not incorporate non-integrated pretreatment.
Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1998 Page 2 of 3

1. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention 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) ❑ does X does not incorporate a vegetated filter.
This system (check one) ❑ does x does not incorporate non-integrated pretreatment.
Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention 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'��
The sediment removal benchmark depth is: 5.25' 5010 ��
5. Remove cattails and other indigenous wetland plants when they cover >6 of the basin surface. These
plants shall be encouraged top grow along the basin 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 possible.
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: Steve Adams
Address: 130 Heather Lane Kure Beach, NC 28449
Phone: [phone]
Title: President
Signature:
Date:
1 IT IXAIC ✓ a Notary Public
County of , do hereby certi that
personally appeared before me thisT day of
due execution of the forgoing infiltration system maintenan r"
S
My ­commission expi es Z
of North Carolina ,
_, and acknowledge the
my hand and official seal,

0w1u1wnLc1 rMILUL 1vu. J w O yyV,+1.)
New Hanover County
Designer's Certification
I, _Phillip _G: _Tripp_ _ __ _ a s a d u l y
registered_ P r o f e s s i ona 1 Engineer in the State of North Carolina, having been authorized to
observe (periodically/weekly/full time) the construction of -the project,
Kure Estates, Phase III
(Project)
for Clementree , Inc. (Project Owner) hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the proj ect construction such that the construction was observed
to be built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
QAJ j7X.,�
Signature - t eo,�
Registration Number 17 374
Date 08/18/00
7
SEAL
RECEIVED
APR 0 i 2005
1DROJ #
SW8c�Miv¢l3
.F

October 28, 2002
Mr. Ricky Britt
Clayton Britt & Sons
3703 Bragg Blvd.
Fayetteville, NC 28303
Re: Swimming pool for Kure Beach Estates (BGJ #0114)
Wilmington, NC
Mr. Britt, and to whom it may concern:
I hereby certify that to the best of my knowledge and belief, and upon visual inspections, that the
construction for the subject pool was completed in accordance .with the record plans and
specifications, including any subsequent revisions.
Signed and certified by
Sincerely
0 ' V✓
Bob G. Jacobs, PE
`�Ntti111lltrrlr.,

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY, NC
2000 DEC 22 10:20:06 AM
BK:2866 PG:326-337 FEE:630.00
INSTRUMENT N 662846
--RECEIVED
APR 0 7 2005
DWQ
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEME14W4 # sw 0�/3
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RES T RICTiVE COVENANTS)
KURE ESTATES
LOTS 77, 78, 79, 80, 81, 82, 83 and 84 PHASE III B
THIS DECLARATION made this the -LLP�day of , by CLEMENTREE,
INC., a North Carolina corporation, with an address at P. 0. Box 22, Kure Beach, North Carolina
28449, hereinafter called "Company";
WITNESSETH
WHEREAS, Company is the owner of that certain real property located in the Town of Kure
Beach, New Hanover County, North Carolina, as set forth on that certain survey map or plat entitled:
"KURE ESTATES, PHASE III B hereinafter sometimes referred to as "map", which
map or plat is recorded in Map Book 40 at Page 135 in the Office of the Register of
Deeds of New Hanover County, North Carolina, said property being more
particularly described on said map or plat.
WHEREAS, it is the desire and intention of Company to sell the lots set out and described
below and to impose upon those lots, mutually, beneficial restrictions, conditions, easements,
covenants and agreements under a general plan or scheme of improvements for the benefit of all said
lands and the future owners of lands in KURE ESTATES SUBDIVISION ALL PHASES;
NOW, THEREFORE, Company hereby declares that Lots 77, 78, 79, 80, 81, 82, 83 and 84,
KURE ESTATES, PHASE III B, as the same are shown on Map Book 40 at Page 135 in the Office
of the Register of Deeds of New Hanover County, North Carolina, are held and shall be held,
conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to
the following provisions, restrictions, conditions, easements, covenants and agreements all of which
are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of
the said real property and are established and agreed upon for the purpose of enhancing and
protecting the value, desirability, and attractiveness of said real property and every part thereof, and
all of which shall run with the land and shall be binding on all parties having or acquiring any right,
title or interest in the above named lots or any part thereof. RMUMTO
{ 1 } Lineberry, White, Hearne & Ballantine, L.L.P.
219 Racine Drive, Suite B
Wilmington, NC 28403

1. DEFINITIONS. As used in this Declaration of Restrictive Covenants, the
following terms shall mean;
(a) "Company" (sometimes referred to as the "Company") as used herein shall mean
CLEMENTREE, INC., its successors and assigns.
(b) "Record" or "Recording" refers to record or recording with the Register of Deeds of
New :lanover County, North Carolina.
(c) "Property" generally means the lands known as KURE ESTATES, ALL
PHASES, in the Town of Kure Beach, New Hanover County, North Carolina.
(d) "Residential Lots" or "Lots" means lots specifically set forth above, to -wit; Lots
77, 78, 79, 80, 81, 82, 83 and 84, specifically allocated, platted, restricted and/or recorded as lots
for sale and/or use as a single family residence.
(e) "Association" shall mean the KURE ESTATES OWNERS' ASSOCIATION, INC.,
its successors and assigns.
(f) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration
of Restrictive Covenants.
2. APPLICABILITY. These Restrictions shall apply to all of Lots 77, 78, 79, 80, 81
82, 83 and 84, as shown on the above referred to map of KURE ESTATES, PHASE III B.
3. (a) RESERVATIONS. The Company reserves the right to change, alter or
redesignate roads, utility and drainage facilities, and to change, alter or redesignate such other
present and proposed amenities or facilities as may, in the sole judgment of the Company, be
necessary or desirable. Provided, however, no such changes shall adversely affect any lots already
conveyed by the Company.
(b) VARIANCES. The Company and/or the Architectural Committee appointed
by the Company shall have power to and may allow adjustments of the conditions and restrictions
herein in order to overcome practical difficulties and prevent unnecessary hardships in application
of the regulations contained herein, provided, however, that such is done in conformity with the
intent and purposes hereof, and provided; also, that in every instance such variance or adjustment
will not be materially detrimental or injurious to other property or improvements in the
neighborhood. Variances and adjustment of height, size and setback requirements may be granted
(2)

hereunder.
(e) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall,
bulkhead or other structure shall be erected, placed or altered on any residential lot, nor shall the
grade or elevation or physical characteristics including, but not limited to, slopes, dunes, and tree
growth, of any such lot, or portion thereof, be altered in any way whatsoever, until the proposed
building plans, specifications, exterior colors and finishes, including brick siding, etc., site and
landscaping plans (showing the proposed location, height and orientation of such building or
structure, drives, parking areas and proposed alterations to the grade, elevation or physical
characteristics of the site), and construction schedule shall have been approved in writing by the
Company. Refusal of approval of any such plans, location or specifications may be based by the
Company upon any grounds including purely aesthetic and environmental considerations, that in
the sole and uncontrolled discretion ofthe Company shall seem sufficient. Without the prior written
consent of the Company, no changes or deviations in or from such plans or specifications as
approved shall be made. No alterations in the exterior appearance of any building or structure, or
in the grade, elevation, or physical characteristics of any lot shall be made without like approval by
the Company. One (1) copy of all plans and related data shall be fiimished to the Company for its
records. The Company shall not be responsible for any structural or other defects in plans or
specifications submitted to it or in any structure erected according to such plans and specifications.
4. APPROVAL OF PLANS.
(a) No house plans will be approved unless the proposed house will have the
minimum required square footage of enclosed dwelling area. The term "enclosed dwelling area" as
used in the minimum size requirements shall mean the total enclosed area within a dwelling;
provided, however, that such term does not include garages, terraces, decks and open porches. The
minimum enclosed dwelling area shall be 1250 square feet. Notwithstanding the foregoing, the
Company does not need approval from any person or entity under Section 3c and or 4a.
(b) KURE ESTATES BUILDING SETBACK GUIDELINE REQUIREMENTS.
Since the establishment of standard inflexible building setback lines for location of houses on lots
tends to force construction of houses both directly behind and directly to the side of other homes
with detrimental effects on privacy, view ofthe Ocean, preservation of land contour, important trees
and other vegetation, ecological and related considerations, variances for these specific setback
(3)

guidelines are permitted under these Restrictions in Paragraph 3(b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum effect, the Company reserves the
right to control and approve absolutely the site, location, orientation and floor elevations of any
house or dwelling or other structure upon any lot. Planting in areas outside the designated building
site is limited to grass, flowers, and shrubs having a height of not more than 8 feet above mean low
water of u c Atlantic Ocean or average dune height whichever is greater, unless approved in writing
by the Company.
(c) The exterior of all houses and other structures must be completed within
six (6) months after the construction of same shall be 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) Service rooms, garages and shower facilities may be placed below the first
living floor provided suitable screening is provided.
(e) Each lot owner shall provide receptacles for garbage, in a screened area not
generally visible from the road, or provide underground receptacles or similar facility in accordance
with reasonable standards established by the Company.
(f) No building or other structure, or part thereof, at any time situate on such
residential lots shall be used as a professional office or charitable or religious institution, or for
business or manufacturing purposes, or for any use whatsoever other than residential and dwelling
purposes as aforesaid, unless said uses are specifically allowed in the RAJA zoning code or
amendments thereof; and no duplex residence or apartment house shall be erected or placed on or
allowed to occupy such residential lots and no building shall be altered or converted into a duplex
residence or apartment house thereon. In addition, no residence shall be converted to or marketed
under a time-share plan as defined by the General Statutes of North Carolina.
(g) If the finished building or other structure does not comply with the submitted
plans and specifications, the Company retains the right to make the necessary changes at owner's
expense, and the further right to file under the North Carolina lien laws notice of liens for any costs
incurred.
5. RESIDENTIAL USE.
(a) All of the above described lots shall be used for residential purposes
{ 4 )

exclusively.
(b) No trailer, tent, mobile home, out building, storage building, or other
structure of a temporary character shall be placed upon any lot at anv time. provided_ however_ that
this prohibition shall not apply to shelters used by the contractor during the construction of the main
dwelling house, it being clearly understood that these latter temporary shelters may not, at any time,
be used as residences or periniiied to remain on the lot after completion or construction
(c) No fuel tanks or similar storage receptacles may be exposed to view. Any
such receptacles may be installed only within a screened area, or buried underground; provided,
however, that nothing contained herein shall prevent the Company from erecting, placing or
permitting the placing of tanks, or other apparatus, on the property for uses related to the provision
of utility or other service.
6. MAXIMUM BUILT UPON AREA AND OTHER RESTRICTIONS.
(a) The maximum built -upon area per lot is 3,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that portion
of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina,
but does not include raised, open wood decking, or the water surface of swimming pools.
(b). The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State of North Carolina.
(c). Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the State of North Carolina.
(d). Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
(e). All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or street. Lots that
naturally drain into the system are not required to provide these measures.
7. MAINTENANCE.
(a) It shall be the responsibility of each lot owner to prevent the development of
any unclean, unsightly or unkempt conditions of buildings or grounds on such lot which shall tend
( 5 )

to substantially decrease the beauty of KURE ESTATES.
(b) No noxious or offensive activity shall be carried on or upon any lot, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to
the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort
whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of
a nature as may diminish oidestroy the enjoyment of other property in the neighborhood by the
owners thereof.
8. ENTRY. The Company reserves for itself, its successors and assigns, and its agents
the right to enter upon any residential lot, such entry to be made by personnel with tractors or other
suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush,
hedges (to enforce height limitations), weeds or other unsightly growth, or for the purpose of
building or repairing any land contour or other dunework, which in the opinion of the Company
detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the
property. Such entrance shall not be deemed a trespass. The Company and its agents may likewise
enter upon any lot to remove any trash which has collected without such entrance and removal being
deemed a trespass. The provisions in this Paragraph shall not be construed as an obligation on the
part of the Company to undertake any of the foregoing.
9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines changed except
with the prior written consent of the Company. However, the Company hereby expressly reserves
to itself, its successors and assigns, the right to replat any two (2) or more lots set forth above in
order to create a modified building lot or lots; and to take such steps as are reasonably necessary
to make such replatted lot suitable and fit as a building site, said steps to include, but not to be
limited to, the relocation of easements, walkways, and rights of way to conform to the new
boundaries of the said replatted lots.
10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his or her lot,
the lot purchaser becomes and agrees to become a member of the Kure Estates Owners' Association,
Inc., if and when such an Association is formed, and agrees to abide by, and be subject to, the
charter, by-laws and rules and regulations of the Association and these Restrictions, and pay such
dues and/or assessments as are required by said Association.
11. ASSIGNMENT TO ASSOCIATION. All water, sewer, landuse, stormwater system,
{ 6 }

and utility permits, agreements and easements between Company and any municipal or
governmental agency or department or public or private utility company shall be assumed by the
Association upon the assignment of all such permits, agreements and easements to the Association
by Company. The Association shall thereafter be responsible for and assume all duties, obligations,
and rights and privileges of Company under such permits, agreements and easements, including all
maintenance responsibilities.
12. COVENANTS RUN WITH THE LAND. All covenants, restrictions and affirmative
obligations set forth in these Restrictions shall run with the land and shall be binding on all parties
and persons claiming under them to specifically include, but not be limited to, the successors and
assigns, if any, of the Company, for a period often (10) years, from the date hereof, after which time
all of said covenants shall be automatically extended for successive periods of ten (10) years unless
an instrument signed by a majority of the then owners of the above numbered lots has been
recorded, agreeing to change said covenants in whole or in part.
13. VIOLATIONS. In the event of a violation or breach of any of these Restrictions by
any lot owner, or agent of such owner, the Company or owners of any other property in KURE
ESTATES or any of them jointly or severally shall have the right to proceed at law or equity to
compel compliance with the terms hereof or to prevent a violation or breach. In addition to the
foregoing, the Company shall have the right, whenever there shall have been built on any lot any
structure which is in violation of these restrictions to enter upon the lot on which said violation
exists and summarily abate or remove the same at the expense of the owner, if thirty (30) days after
written notice of such violation it shall not have been corrected by the owner. Any such entry and
abatement for removal shall not be deemed a trespass. The failure to enforce any right, reservations,
restrictions, or condition contained in these Restrictions, however long continued, shall not be
deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring
prior to subsequent thereto and shall not bar or affect its enforcement.
14. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor in the
recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public
use any common lands or other grounds within KURE ESTATES.
15. AMENDMENTS. At any time prior to all Lots being sold, these Protective
Covenants may be amended by the Company in its discretion. Retention of this right by the
(7)

Company is not intended to affect the general or common scheme of development for the property
herein described, but to correct and/or modify situations or circumstances which may arise during
the course of development. These Protective Covenants may also be amended by vote of not less
than sixty-seven percent (67%) of the Owners and an instrument must be recorded at the New
Hanover County Registry for such an amendment to be effective. In no event may the Protective
Covenants be amended so as to alter any obligation to pay ad valorem taxes or assessments for
public improvements, as herein provided, or affect any lien for the payment thereof established
herein, or so as to deprive the Company, its designee or successors and assigns of any rights herein
granted or reserved unto the Company.
16. AMENITIES. Company may at some time in the future, but shall not be required to,
build a swimming pool and clubhouse. In the event Company should build said amenities, Owners
shall be responsible for all maintenance, upkeep and insurance and shall abide by all rules and
regulations promulgated by the Company, its successors and assigns, for the operation of said
Amenities.
17. No mail box or paper box or other receptacle of any kind for use in the delivery of
mail or newspaper or magazines or similar material shall be erected or located on any building lot
unless and until the size, location, design and type of material for said box or receptacle shall have
been approved by the Company.
18. Exterior radio and television aerials for reception of commercial broadcasts shall
not be permitted in KURE ESTATES; and no other aerials (for example, without limitation, amateur
short wave or ship to shore) shall be permitted in KURE ESTATES without permission of the
Company as to design, appearance and location.
19. During construction all vehicles involved including those delivering supplies must
enter the building lot on the driveway only as approved by the Company so as not to damage
unnecessarily natural vegetation and dunes. During construction builder must keep the homes,
garages, and building sites clean. All building debris, stumps, bushes, etc., must be removed from
each building lot by builder as often as necessary to keep the house and lot attractive. Such debris
will not be dumped in any area of the Subdivision.
20. No property owner will do or permit to be done any act upon his property which
may be or is or may become a nuisance to any other property owner or resident. There shall be no
(8)

discharging of firearms, guns or pistols, of any kind, caliber, type, or method of propulsion.
21. No personal sign of any character shall be displayed upon any part of the property
without the Company's prior approval. The Company, however reserves the right to display its "for
sale" or "for rent" signs without limitation for so long as it is involved in developing the KURE
ESTATES project.
22. No animals, birds, or fowl shall be kept or maintained on any part of the property
except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the
pleasure and use of the occupants but not for any commercial use or purpose.
23. Clotheslines or drying yards shall be located as not to be visible from the street or
common easement area serving the premises or from the waterfront.
24. No trailers or habitable motor vehicles of any nature, boats or canoes on or off
trailers, may be parked on any part of the property unless inside an enclosed garage. These
prohibitions also apply to the common easement area.
25. No individual water supply system shall be permitted except a non -potable lawn
irrigation system not connected to any building. A shallow well may be permitted for such water
supply. The pump, pressure tank, and pump house, if any, shall be considered structures.
26. Each and every covenant and restrictions contained herein shall be considered to
be an independent and separate covenant and agreement, and in the event any one or more of said
covenants or restrictions shall, for any, reason, be held to be invalid, or unenforceable, all remaining
covenants and restrictions shall nevertheless remain in full force and effect.
27. The Company may include in any contract or deed hereafter made any additional
covenants and restrictions that are not inconsistent with and which do not lower the standards of the
covenants and restrictions set forth herein.
28. If the Company shall transfer or assign the development of such Subdivision or if it
shall be succeeded by another in the development of such Subdivision, then such transferee,
assignee, or successor shall be vested with the several rights, power privileges, or authorities given
said Company by any part or paragraph thereof. The foregoing provisions of this Paragraph shall
be automatic, but the Company may execute such instrument as it shall desire to evidence the
vesting of the several rights, powers, privileges, and authorities in such transferee, assignee or
successor.
{9}

the land. If any person claiming under the Company shall violate or attempt to violate any of such
restrictions or covenants, it shall be lawful for the Company, or any person or persons owning
property in KURE ESTATES. and damaeed by said violation: (A) To prosecute proceedings at law
for the recovery of damages against the person or persons so violating or attempting to violate any
such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons
so violating or attempting to violate any such covenant or restriction for the purpose of preventing
such violation, provided however, that the remedies in this Paragraph contained shall be construed
as cumulative of all other remedies now or hereafter provided by law. Without limiting the
foregoing provisions of this Paragraph, enforcement of these covenants and restrictions may be by
the KURE ESTATES OWNERS' ASSOCIATION, INC.
30. And the said Company hereby covenants and agrees that every contract of sale or
deed made by the Company wherein it described any of the above residential lots of said land,
/ 7
to -wit: Lots 77, 78, 81, k, 83 and 84, shall include or be subject to, by reference or otherwise,
each and every covenant and restriction herein written, or the substance thereof, and, subject to the
reservation herein, the Company shall conform with and abide by the foregoing covenants as to all
of said lots.
IN WITNESS WHEREOF, the Company has caused this instrument to be signed in its name,
all on the day and year first hereinabove written.
CLEMENTREE, INC.
SaE 'Tel B
.,; Apry resident
TE SEAL)
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
xJ ,601�Z , a Notary Public in and for the County ofNew Hanover
State of Iv rth Carolina, do hereby certify thateg fficti Q 7 - 5TR 1 [.Y-.c ,g-nt� p e r s o n a 11 y
appeared I lefore me this day and acknowledged that he/she is A!2ySecretary of CLEMENTREE,
INC., a IN orth Carolina Corporation, and that by authority duly given and as the act of the
corporatic n, the foregoing instrument was duly signed in its name by its Presiderrt, sealed
(10}

with its corporate seal and attested by him/her as ite etary.
WITNESS my hand and notarial s;T�ARY
of ed-e-, "92000.
PUBLIC
ttt117t11t///�,,
My Commission Expires:
N KOEy ,P®
JOINDER AND CONSENT OF TRUSTEES AND BENEFICIARIES/MORTGAGEES
TRSTE. Inc., Trustee, and First Union National Bank. Mortgagee a National banking
corporation join in the execution ofthese Declaration of Covenants, Conditions and Restrictions for
the sole purpose of subjecting, submitting and subordinating, and they, and each of them, do hereby
subject, submit and subordinate any and all right, title, and interest in the property known as Lots
77, 78, 79, 80, 81, 82, 83 and 84, KURE ESTATES, PHASE III A, and shown on a map of said
property recorded in Map Book 40 at Page 135 of the New Hanover County Registry, that
they have, or either of them has, or may have, by virtue of those deeds of trust recorded in Book
2721 at Page 346 and in Book 2721 Page 355 of the New Hanover County
Registry to said Declaration, and every provision thereof, and to the jurisdiction of KURE
ESTATES OWNERS ASSOCIATION, INC. as the same may be amended from time to time.
IN WITNESS WHEREOF, T'RSTE, Inc._, TRUSTEE, has hereunto caused this
JOINDER AND CONSENT to be signed in its corporate name by its duly authorized officer as
authorized by its Board of Directors, AND First Union National Bank has caused this
JOINDER AND CONSENT to be signed in its corporate name by its duly authorized officer as
authorized by its Board of Directors all on this the 18th day ofDecembgt000.
TRUSTEE: TRSTE, INC.
By:�
Sector vice President
MORTGAGEE; FIRST
TIONAL BANK
at"

STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.
1, Doris Horrell a Notary Public of the County and State aforesaid, certify
that Randail''C-: Tomsic S. Wresident of TRSTE, Inc., allorth Carolina corporation, personally
came before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal,
this 18 day of December 200Q, t;ysai,i;
NOTARY PUBLIC
My Commission Expires: 10-21-2003
STATE OF NORTH CAROLINA,
COUNTY OF NEW HANOVER.°
1, Doris Horrell a Notary Public of the County and State aforesaid, certify
that John C. Goldsworth IUD; President of First Union National Bank, Inc., a North Carolina
banking corporation, personally came before me this day and acknowledged the due execution of
the foregoing instrument.
WITNESS my hand and notarial seal,
this 18 day of December , 2000.
NOTARY PUBLIC
My Commission Expires: 10-21-2003
(12)

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