SW8050304_HISTORICAL FILE_20121209

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
I
I
I
PERMIT NO. SW SQ`1
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
I
I
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
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DOC DATE
YYYYMMDD

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FFLE ACCESS RECORD y
SECTION. % .!���. -��✓�
TEE E/DATE
r
! NAME � ZI
kEPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to malting public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
Public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefuIly the following guidelines signing the form.
1. Due to the large public demand for Ele access, we request that you cat2 at least a day in '
advance to schedule an appointment to review the files. Appointments will be seheduled
between 9 00am and 3.0Opm. Viewing time ends at4:45pm. Anyone arrivin without an
appointment m2y view the files to the extent that time and staff superyision is available_
2, You must specify files you want to review by facility name. The number of files that you
may review at one time will be. limited to five.
3. You may mate copies cf a file when the copier is not in use by the staff and if time permits.
Cost per copy is $•05 cents. Payment maybe made by check, money order,. or cash at the
receptiob desk. Copies totaling $5.00 or more can be invoiced for your convenience_ .
4, FEES MUST BE KEPT IN ORDER YOU FOUND THEM, Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these Edes is a
misdemeanor for which you can be fined up to $500,00. No briefcases lar e totes etc, are
permitted in the file review area.
5• In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected -for checks on which payment has been refused.
FACILITY NAME ' . COUNTY
� - �4-5)
2.
4.
Signature dName ofF usiness Date Time In
Please attach a business card to this form
COPIES MADE PAID INVOICE
S.Admin.fiie access
1'tcxa)
Time Out

A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvada, III
Governor Secretary
September 12, 2014
------
Duke-Racine Property Owners Association, Inc.
1051-Military Cutoff Road, Suite 200 = "
Wilmington, NC 28405
Subject: Permit Extension Session Laws 2009-406 and 2010-177
Mailing Address Change
Racine Drive Commercial Subdivision
Stormwater Management Permit No. SW8 050304
New Hanover County
Dear Mr. Miller:
Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010.
The law extended the effective period of any stormwater permit that was set to expire during this time
frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed
Session Law 2010-177 which granted an extra year for a total of up to four (4) years extension.
Accordingly, State Stormwater Management Permit # SW8 050304, which was set to expire on March
29, 2015, is now in effect until March 29, 2019. Please submit the renewal application and fee at least
186 days prior to the new expiration date, which would be September 29, 2018. A copy of the Renewal
Application can be obtained from the following website:
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs.
In addition, please verify your current mailing address and phone number by completing, signing and
returning the attached Name 1 Ownership Change form. A routine file review indicated that a change of
address was filed with the NC Secretary of State in September 2006, just after the permit was
transferred to the Association, but the Division was not made aware of this change. The permit mailing
address and phone number currently on file is 1111 Military Cutoff Road, Suite 151, 910-332-4114,
If you have any questions, please contact Linda Lewis with the Division of Energy, Mineral and Land
Resources in the Wilmington Regional Office at 910-796-7215.
Sin ly,
Georgette Scott
Stormwater Supervisor
Division of Energy, Mineral and Land Resources
GDS/ad: 111StormwateAPerrnits & ProjectsQO051050304 HM2014 09 permit extension 050304
cc: Wilmington Regional Office Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - [phone] / Fax: [phone]

State of North Carolina
Department of Environment and Natural .Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: 145W `o OIso any
2. Project Name:
3. Current Permit Holder's Comoanv NamPlOroanization: nUu.Xp- - n' cku- �_Ousu.
4. Signing Official's Name: &,, Mk\tc�f Title:
4,
5. Mailing Address: 1 t1 0 Cud 24 R 6-
j�rs.cfc��,
City: State:r`vc..._ zip: -C) rnAu5
6. Phone: t3 mot\y Fax: ( ? �,
II. PROPOSED PERMITTEE / OWNER 1 PROJECT i ADDRESS INFORMATION (� l
This request is for: (please check all that apply) l �U" . A�
❑ Name change of the owner (Please complete Items 1, 2 and 3 below) "! ) I
❑ Name change of project (Please complete Item 5 below) 1�7 �. 1 �l
❑ hange in ownership of the property/company (Please complete Items 1, 2, 3, and 4 bel w) � 1
ailing address /phone number change. (Please complete Item 4 below)
?0-
ther (please explain):-�1e_a- a6v�>y a1\ (a,rgn nc., -ice k�eal. Cox LL 11� �R�A
1. Proposed permittee's company name/organization: ouY-Q - ac tee , iL&Vlk
2. Proposed permittee's signing official's name: S�.ccA-
3. Proposed permittee's title:
rL� t -Tr" 5v✓
4. Mailing Address:_ 1 D S1 16k&Nar�. (-w &" (�%c,-� , S \t- 0-ca
city: State: t,,� L- Zip: CD a)AUb
Phone: q( V) ZH -1- 1DOC) Fax: (q ic'". )-2H-k-_ I�oia
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
`�. HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
] Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4) Ly,
❑ Purchaser (A�t chra,.copyiphhe pending sales agreement Final approval of this transfer will be
granted upod, rW�6ipt of a copy'of the recorded deed)
C?wner Information on page 4)
❑ Developer q!p%ple�N'rn e
SSW NIO Change R�v4ipt2012 Page 1 of 4

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certificatiorrmust;be cdrr plated and signed by,both the
current permit holder,and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing tee. It this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Ploase check one of the following statements and fill out the certification below that statement. -
Check here if the current permittee is a gi /her/its name, the project name, or mailing
address; but will retain the permit. I,---__ , the current
permittee, hereby notify the DWQ that Tam-6hanging my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or it all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, , the current permittee, am submitting this application
for a transfer of ownership for permit # . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approv .d by the DWQ unless and until the facility is in compliance with the
permit,
Signatur — Date:
I,a Notary Public for the State of
N , County of do hereby certify that
` Cam J1 C. C1�'7 personally appea`e 0NJ9[h ;; this the
l� day of� 24 L�, and ackno�e thecution of the
forgglnj instrument.pitness my hand and official
Spica M60114
Ab
N/O Change Rev24Sept2012 Page 2 of 4 414111 10

Weaver,, Cameron
From: Leah Cox [[e-mail]
Sent: Monday, November 17, 2014 11:36 AM
To: Weaver, Cameron
Subject: SWS 050304
Attachments: image001,jpg; Scanned from a Xerox multifunction device.pdf
Cameron,
See attached change form for Duke -Racine Property Owners Association. Please let me know if there is anything I have
not filled out correctly or any changes that need to be made.
Thank you!
Leah Cox Fussell
,9&CAP17 FEAR
f`OM,', VRCIAl.
f
1051 Military Cutoff Road, Suite 200
Wilmington, NC 28405
910.344,1000 (main) '
910.344.1013 (direct)
910344.1033 (fax)
lealz((-�)capefea rconurtercia l.com
�N,ww.capefearcommercial.cont
Per NC Real Estate Law, we ask you to review -'Working with Kehl Estate Agents", or if this is a lease transaction. "Workiire with Real Estate Agents
ILease Transactioril After you have reviewed the applicable publication, please schedule a meeting with us to discuss the contents of the
publication.
CONFIDENTIALITY STATEMENT
This email transmission contains information from Cape Fear Commercial, LLC., which is privileged and confidential. It is intended only for the use
of the addressee(s) shown above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of
such information is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail or telephone (collect
call accepted). Thank you.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
NKT #04115
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: SW8 050304
2- Permit Holder's name: Duke Gene LLC
ry Title: Member/ Manager
3. Signingofficial's name: Hen E. Miller, Jr.
(person legally responsible for permit)
4. Mailing address: 1713 N. Lumina Avenue City: Writ tsvilfe Beach
State: NC ZipCode: 28480 Phone: [phone] FAX: [phone]
(Area Code and Number) (Area Code and Number)
11. NEW OWNER 1 PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
X a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
X C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: Duke -Racine Prope0y Owners Association Inc.
3. New owner's signing official's name and title: Henry E. Miller, III
President
(Title)
4. New Mailing Address: 1111 Milita Cutoff Rd., Suite 151 City: Wilmington
State: NC ZipCode: 28405 Phone: [phone] FAX: [phone]
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: NIA
Page 1 of 2
Nor hCarolina
Natura!!il
]north Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncu'aterqualih,.orb Fax [phone]
An Equal Opportunity/AftmatNe Action Employer— 50% Recyded/T% Post Consumer Paper

w
PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CF_ANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, Hen E. Miller Jr. Member 1 Mana er, attest that this application for a name/ownership
change hjbe reviewed and is accurate and complete to the best of my knowledge. I
understanll required parts of thi a lic tion are not completed and #hat if al! required
supportingtion a tt ents a. no included, this application package will be
returned alete.
Signature: —Date: _,-7Ca,4 2-
New Applicant's CertlfLtion: (Must be oompleten for al �rasfers of ownership)
I, Henry E. Miller, 111. President, attest that this application for an ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
Signature Date. 51301 o4
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

1
1

State Stormwater Management Systems
Permit No. SW8 050304
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
Henry E. Miller, 111, and Duke -Racine Property Owners Association, Inc.
Racine Drive Commercial Subdivision
220 Racine Drive, Wilmington, 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 March 29, 2015 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 on page 3 of this permit. The subdivision is
permitted for 6 lots, each allowed built -upon area (BUA) as follows:
Lot No.
Lot Area, ac
Max. BUA @ 90%, ac
1
1.37
1.23 53,710 sq ft
2
2.15
1.94 84,289 sq ft
3
1.26
1.13 49,397 sq ft
4
2.00
1.80 78,408 sq ft
5
3.84
3.46 150,543 sq ft)
6
2.30
2.07 90,169 sq ft
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 050304
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
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
L7
C.
d.
e.
f.
h.
1,
m
n.
o.
p-
Drainage Area, acres:
Onsite, ft2.
Offsite, ft2:
Total Impervious Surfaces, ft2:
Lot #1, ft :
Lot #2, ft2:
Lot #3, ft2:
Lot #4, ft2:
Lot #5, ft2:
Lot #6, ft2:
Pond Depth, feet:
TSS removal efficiency:
Design Storm:
Permanent Pool Elevation, FMSL
Permitted Surface Area @PP ft2:
Permitted Storage Volume, ftJ:
Storage Elevation, FMSL:
Controlling Orifice:
Permanent Pool Volume, ft3
Forebay Volume, ft3:
Maximum Fountain Horsepower:
Receiving Stream I River Basin:
Stream Index Number:
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
15.22
662,984
none
506,516
53,710
84,289
49,397
78,408
150,543
90,169
5.0
90%
1.01,
35.0
50,572
47,757
35.9
3.5" O pipe
169,307
32,598
112
Spring Branch 1 Cape Fear
18-74-63-1
"C • Sw"
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, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review 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 property
owner 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.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 050304
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of 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.
6. The Director may determine that other revisions to the project should require a
modification to the permit.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. 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 the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this'
pond is 112 horsepower.
Page 4of9

State Stormwater Management Systems
Permit No. SW8 050304
13. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050304, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
h.
Lot No.
Lot Area, ac
Max. BUA @ 90%, ac
1
1.37
1.23
53,710 sq
ft
2
2.15 .
1.94
84,289 sq
ft
3
1.26
1.13
49,397 sq
ft
4
2.00
1.80
78,408 sq
ft
5
3.84
3.46
150, 543 sq
ft
6
2.30
2.07
90,169 s
ft
The allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front
lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina
and parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
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 will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit
prior to any construction on the lot.
14. 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.
15. 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 9

State Stormwater Management Systems
Permit No. SW8 050304
16. 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 revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. 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.
18. 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.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,.
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
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
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The .
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
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.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW8 050304
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 24th day of January 2007
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050304
Page 7 of 9

9103324145
08-30%06 WED 11:08 FAX [phone] CAPE FEAR COMMERCIAL
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REG_ STEED
OFFICE AND/OR REGISTERED AGENT
SOSID: 0770429
Date Filed: 9/11/2006 4:27:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200621900242
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in (he State of North Carolina,
T� INFORMATION CURRENTLY ON FILE
The name of the cntttyis: _ IFa.e, t� P v, pw�w, `ArSSfl[,�4A-0-j L s
Entity Type. QCorppration, OFurcign Corporation, &Nonprofit Corporation, []Foreign Nonprofit Corporation,
OLimited Liability Company, OFurcign Limited Liability Company d(,imited Patnership, OFureign Limitcd Partnership.
01-imtttd Liability Partnership. ❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
;Number and Street: � tiilLK1VAP1s&Al C.u*off} 2v,(.Ck_ S}e- 151
City, State, Zip Carle: _W.�N�-r►4�roa „� �.. �►'lOrj County: ���1 a'N41filL
The mailing address if different from the street address of the registered office currently on file is:
The name of the current registered agent is:
NEW INFORMATION
1. The street address and county of the new registered office of the entity is:
(complete this ite+n only if the address of the registered office is heing changed)
Number and Street: 1 O 51
C'l=� � t}q QOOL&L
Su' 4'C
2.G O
City, State, Zip Code: W,%KkAnt,.�C�+
�-_ �4G5 County:
W tW
u*0J&Jt/L
2, The mailing address if diJyerentfrum the street address of the new registered office is:
(complete This irem onh• if the address of the registered of ice is being changed)
3. The ttarne of the new registered agent and the new agcnt'S consent to appointment appears below:
(complete this item only if the name of rho registered agent is being changed)
Type at Print Name of r1 aw Agent " Signature ct'r Title
4. The addtcss of the entity's registered office and [headdress of the business office of its registered agent, as changed,
will be identical.
S. This statement will he effective upon filing, unless a date and/or time is specified:
This is the day of _ J 20� ,Duke - Par-inc IroPa��'S SS12G i.p� 1 �t�C.
l:nttN:�' c
Signature
Jar—Tipe ur Print Name and Title Y
Notes: Filing fee is ".00. This document must be riled with the Secretary at Statc
Insteid of signing here, the new registered agent may Agn a separate written consent to the appolkilment, which must be attached to this stattment.
COR ORATIONS DIVISION P. O. BOX 29622 RALEI011, NC 27626-0622
Revised January 2002 Form BE-06

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION ` ML /_nv
TIME/DATE Y 7 2�3
NAME
REPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
L Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. A' ointments will be scheduled
between 9:00am and 3_:00pm. Viewing time ends at 4A5pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES_MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are
permitted in the file review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
1. 1;vA
2.
Q3'_J� '11, , �- )?_-5 �) �
Signature and m. e of Firm/Business Date
Please attach a business card to this form
COPIES MADE PAID
S:Admin.file access
Tkne In
INVOICE
Time Out

NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
230 Government Center Drive • Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Fax [phone] nn
h�
U
August 25, 2008
Duke Racine POA
1051 Militja Cutoff R A6(d-eS-j c4 rl prey
Wilmington, NC 28405
Attn: Mr. Chris Chaffin
RE: GP 14-05, Revision # 1
Racine Drive Commercial Subdivision Phase I
Dear Mr. Chaffin:
Beth E. Wetherill, C.P.E.S.C.
Soil Erosion Specialist
Enclosed are the original and a copy of the revised grading permit that you
applied for. Please read the permit conditions care
fuli_and return the signed
original to our office and keep the copra -for Mour records.
Thank you for your cooperation. If you have any further questions, please feel
free to contact our office.
Sincerely,
LA -
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
Copy: Ed Beck, NCDENR Stormwater
Adrienne McTigue, City of Wilmington Development Services
RMC �1V�13
AUG 2 7 2008

Permit# GP 14-05
Revision #1
Permit for a Land Disturbing Activity
New Hanover County
Department of Engineering
230 Government Center Drive - Suite 160
Wilmington, North Carolina 28403
[phone]
As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance
This permit issued to Duke Racine POA authorizes the development of 12 acres of land at 220 Racine
Drive for Racine Drive Commercial Subdivision and Racine Commons, Lot 2 in New Hanover County. This
permit issued on April 14, 2005 is subject to compliance with the application and site drawings, all applicable
regulations and special conditions and notes set forth below. Any plan modifications must be approved by this
office prior to field changes, T
It is understood by the applicant that a representative of New Hanover County's Engineering Department
may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion Plan
and this permit must be available at all times at the site.
Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other
provisions of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, shall result in
immediate legal action by the County to the limits prescribed by the Ordinance. If the measures outlined on the
approved Soil Erosion Plan and this Permit prove insufficient, additional Erosion Control measures can and will
be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other
permits or approvals necessary for beginning or completing this development. Approval of an erosion control
plan is conditioned on the applicant's compliance with Federal and State laws, regulations and rules. It is the
Pern-dttee's responsibility to obtain all necessary permits and approvals.
--------------------------------------------- -------------------------------------------------------------------------------------------------------
SPECIAL CONDITIONS
(THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS)
*All the soil erosion control measures will be installed as the site is cleared and maintained throughout
construction. These include the four (4) construction entrances, silt fences, inlet and outlet protection and
immediate re -construction and stabilization of the existing stormwater pond, its slopes and the outlet structure
with a temporary filter over the outlet orifice until the site has been stabilized. NOTE: The improvements to the
existing stormwater pond shall be constructed prior to or in conjunction with the proposed construction on Lot 2.
**Revision#1 approved 08/25/2008 transfers ownership to Duke Racine POA.
*Tree Removal Permits must be acquired from the City of Wilmington and/or New Hanover County pjior to
clearing the site.
*Silt fence stakes must be metal and will be placed six feet apart without wire reinforcement or eight feet apart
with wire reinforcement. Silt fence is not allowed as inlet protection.
*This permit does not preclude any permits or approvals which may be necessary such as DEM Water Quality,
C.A.M.A., and the Corps of Engineers, DEM Solid Waste or any other agencies.
*No sediment shall leave the site..
*If plan revisions are necessary you must submit a copy to this office for approval prior to any field changes.
*if soil is removed from the site, it must be taken to an approved or permitted site to be identified to this office
rior to removal from the site.
*All City and/or County and State drainage and stormwater requirements will be adhered to.

(Continued) - Page Two
Permit # GP 14-05
Revision #1
*If these measures fail to adequately control erosion, more restrictive measures will be required.
*If soil is removed from the site, it must be taken to an approved or permitted site to be identified to this office
prior to removal from the site.
*All City and/or County and State drainage and stormwater requirements will be adhered to.
*If these measures fail to adequately control erosion, more restrictive measures will be required.
*If any phase of grading ceases for more than 21 calendar days (all areas, including slopes), the site will be
temporarily stabilized.
*The approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State
Water Quality laws, regulations and rules.
*Note the enclosed NPDES information from the State for sites disturbing 1 acre or more and the required
rates for seed, time, fertilizer and mulch in your seeding specifications.
*A pre -construction meeting is required prior to any activity on site. Please contact Beth E. Wetherill at (910)
798-7139 to set up this meeting.
This Permit will expire one year from date of issue
if no construction activity begins on site. This permit
may not be amended or transferred to another party
without approval of this office.
Beth E. Wetherill, C.P.E.S.C..
Soil Erosion Specialist/New Hanover County
Acknowledgment of receipt of Permit
Owner
By (please print)
Signature

Master Permit No. SW8 050304
Lot # from
Master Permit
Offsite Permit
No.
Date Issued
Offsite Project Name
Allocated BUA
Proposed
BUA
1
SW8 060805
September 19, 2006
Lot 1
1.23 acres (53,710 ft2)
53,710 ft2
2
SW8 061102
January 24, 2007
Racine Commons
1.94 acres (84,289 ft2)
84,289 ftz
3
1.13 acres (49.397 ft2)
4
SW8 050716
July 21, 2005
State Employees' Credit Union
1.80 acres (78,408 ft2)
47,500 ft2
5A
SW8 070302
March 9, 2007
Marketplace Office Park
3.46 acres (150,543 ft2)
79,192 ft2
5B
SW8 070301
March 9, 2007
Marketplace Office Park
71,351 ft2
6
SW8 160707
July 20, 2106
Government Center Apartments
2.07 acres (90,169 ft2)
90,169 ft2
S:IWQS1Stormwater\Permits & Projects120051050304 HD12016 07 master table 050304

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME #(0 ,
NAME Garr XA1a F.4?_ L REPRESENTING
3/ -6/0 f8
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility
to the public to safeguard these records and to carry out our day-to-day program obligations.
Please read carefully the following before signing the form.
1. . Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of fires that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2.
3.
4.
5.
Ileyap l.D` Dr
Me
ure/Name of Fi or usiness Date Time In. Time Out
se attach business card to form if available)
# Copes: Z1 Amt. Pd: Y

a
The Development Group
1900 Eastwood Road, Suite 1 l
Wilmington, North Carolina 28403
[phone]
February 9, 2005
Ms. Linda Lewis, Environmental Engineer
NC DENR
Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: 250 Racine Drive Commercial Subdivision
Wilmington, NC
Dear Ms. Lewis:
v�
S°�
�zU
Per your instructions to Amy Norris with Norris, Kuske & Tunstall Engineers, this letter
shall serve as our authorization for Henry E. Miller, Jr., Member/Manager of Duke Gene,
LLC, to sign on our behalf for matters relating to the above referenced commercial
subdivision. Please feel free to contact this office should you have any questions.
Sincer
Lionel L. Yow
C me S. Yow
Jon . El�iiore II
RECEIVE D
f APR 1 2 2005

RACINE DRIVE COMMERCIAL SUBDIVISION OWNERS:
John A. Elmore, ll, Individual
Connie S. & Lionel L. Yow, Individuals
1900 Eastwood Road, Suite 11
Wilmington, NC 28403
[phone]
[phone] (Fax)
Duke Gene, LLC
Henry E. Miller, Jr., Member f Manager
1713 N. Lumina Ave.
Wrightsville Beach, NC 28480
[phone]
[phone] (Fax)
APR Y 2 2005
L,�Y:_

NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E.
Kent P. Harrell, P.E. John A. Kuske, III, P.E.
CONSULTING ENGINEERS, INC. JamesT. Pyrtle, P.E. J.A. Kuske, P.E.
902 Market Street • Wilmington, NC 28401.4733 • Phone [phone]• Fax [phone]
E-Mail: [e-mail]
LETTER OF TRANSMITTAL
To: Dean Hunkele
Date: April 11, 2005
Job No. 04115
NC DENR
subject: Racine Drive Commercial Subdivision
Wilmignton, NC
WE ARE SENDING YOU VIA FAX & MAIL
® ATTACHED ❑ UNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER
❑
FAX TRANSMITTAL: :NUMBER 4F 'PAGES°'
INCLUDING THIS TRANSMITTAL 3
Call 910 343 9653 If you have any dtfFiculty`
Fpcerving.thls messa e
COPIES
DATE
NO.
DESCRIPTION
1
02-09-05
Copy of Authorization Letter by Owners (Re: Henry E. Miller, Jr. to Sign Apps.)
1
Copy of Racine Drive Commercial Subdivision Owners
®
❑
AS REQUESTED
FOR YOUR USE
❑ FOR REVIEW AND COMMENT ® FOR APPROVAL
❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
APR 1 2 2005
S7.
L,
CC: SIGNED John A. Kuske, III, P.E., 1 asn
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 delivering 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.

' ; .. � �
1. - r
� _• , i . �I . � � , �
. 9 ,
1
1
i
- "--
- "- .. _
�•.4': ,_ III,, A :.� I,i 1': i1.1 :.. _
`�,..
.
C
s

'A*&
NORRIS, KUSKE &TUNSTALL
CONSULTING ENGINEERS, INC.
March 24, 2005
Mr. Paul Bartlett
NC DENR
Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Racine Drive Commercial Subdivision
SW8 050304
220 Racine Drive
Wilmington, NC
NKT Project No. 04115
Dear Mr. Bartlett:
We are responding to your comment letter of March 3, 2005 as follows:
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S. Tunstall, P.E.
J.A. Kuske, PE. of Counsel
�wAs
1. We have clarified the maximum impervious area per lot and have corrected the plans to
show this.
2. We have added the proposed building footprints and areas for streets, parking,
sidewalks, and other impervious areas for Lot #2, including dimensions, on the Layout
Plan, Drawing C2.
3. We have redone the table of Section 111.6 on the SWU-101 application as you have
requested and per our phone conversation today.
4. A signed copy of the proposed deed restrictions that includes all required conditions and
limitations is enclosed.
We are enclosing two (2) sets of revised plans for the subject subdivision project, two (2) sets
of revised plans for the proposed development on Lot No. 2, the revised Page 2 & Page 3 of
SWU-101 application showing the tables, and a copy of the deed restrictions for your
continued review and approval. Please contact us if you have any further questions or
comments. Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL RE
CONSULTING ENGINEERS, INC.
1� MAR r'
BY.
Joh A. Kuske, III, P.E.
JAKllllasn
04115 03-24-05-s-sw response-Itr
cc: Hank Miller
902 Market Street • Wilmington, NC 28401-4733 • Phone: [phone] • Fax: [phone]

FILE MODE
--------------
340 MEMORY TX
P. 1
COMMUNICATION'RESULT REPORT ( MAR. 3.2005 4:37PM )
TTI NCDENR WIRO
OPTION ADDRESS (GROUP) RESULT PAGE
------------------------------------------------_-----__---------------_----------
9-3439604 OK P. 414
I
-------------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross, Jr., Secretary
FAX COVER SHEET
Date: 313105 No, of Pages: 4 (Intl. Cover)
To. John A. Kuske, Ili, P.E. From: Paul Bartlett
Company: NKT Water Quality Section -
StorMwater
FAX #: [phone] f FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project Number: SWS 050304
Project Name: Racine Drive Commercial Subdivision
MESSAGE:
John,
An Additional Information Requestis attached. The original will be mailed to Mr. Miller,
and a copy will be mailed to you.

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
FAX COVER SHEET
Date: 313105
To; John A. Kuske, III, P.E.
Company: NKT
FAX #: [phone]
William G. Ross, Jr., Secretary
No. of Pages: 4 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project Number: SW8 050304
Project Name: Racine Drive Commercial Subdivision
MESSAGE:
John,
An Additional Information Request is attached. The original will be mailed to Mr. Miller,
and a copy will be mailed to you.
ENBlptb: S:1WQSISTORMWATERIADDINF0120051050304
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 3, 2005
Mr. Henry E. Miller, Jr., Member/Manager
Duke Gene, LLC
1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
Subject: Request for Additional Information
Stormwater Project No. SW8 050304
Racine Drive Commercial Subdivision
New Hanover County
Dear Mr. Miller:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Racine Drive Commercial Subdivision on March 3, 2005. A preliminary review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
✓i. Please clarify the maximum impervious area per lot. Drawing C1 lists 80% in the
notes located on each lot, and Drawing C2, the application, supplement form,
and the stamped calculations list 90%. The Drawing C1 entries appear to be
typos that don't impact the calculations.
/2. Please provide proposed building footprints and areas for streets, parking,
sidewalks, and other impervious areas for Lot #2, including dimensions, on the
Layout Plan, Drawing C2,
3. Please redo the table of Section 111.6 of the application to show total area in the
upper portion and each lot in a separate column in the lower portion. Use the
"Other on -site" row to enter lot amounts that currently cannot be estimated for
buildings, driveways, etc.
4. Please provide a signed copy of the proposed deed restrictions to include all
,i required conditions and limitations. Information pertaining to deed restrictions
and covenants is attached for your use.
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 March 10, 2005, or the
applic,r:',ion 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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc,us One
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper NorthCarol ina

Ok
-Mr, Henry E. Miller, Jr.
March 3, 2005
Stormwater Application No. SW8 050304
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.
Pleqse reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone]. .
Sincerely,
T A-z� _.
Paul T. Bartlett, P.E.
Environmental Engineer
ENB/ptb: S:1WQSISTORMWATERIADDINF0120051050304
cc: John A. Kuske, III, P.E., Norris, Kuske & Tunstall
Paul Bartlett
Page 2 of 2

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density
Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and
protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility. The
following deed restrictions and covenants must be recorded prior to the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division
of Water Quality under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Note: If the BUA per lot varies, please substitute the following paragraph for the
one above and provide a complete listing of the proposed BUA for each lot:
The maximum allowable built -upon area per lot is as follows:
►._ot # BUA Lot # BUA Lot # BUA
These allotted amounts include any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This
may be accomplished through a variety of means including: a piped collection system,
which ultimately discharges into the stormwater facility, appropriate grading of the lot
such that the built -upon surfaces drain into the stormwater facility; or graded swales
which collect runoff and direct it into the stormwater facility.
8. Each lot whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a
permit prior to construction.

Michael F. Easley, Governor
William G. Ross, Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 3, 2005
Mr. Henry E. Miller, Jr., Member/Manager
Duke Gene, LLC
1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
Subject: Request for Additional Information
Stormwater Project No. SW8 050304
Racine Drive Commercial Subdivision
New Hanover County
Dear Mr. Miller:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Racine Drive Commercial Subdivision on March 3, 2005. A preliminary review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
Please clarify the maximum impervious area per lot. Drawing C1 lists 80% in the
notes located on each lot, and Drawing C2, the application, supplement form,
and the stamped calculations list 90%. The Drawing C1 entries appear to be
typos that don't impact the calculations.
2. Please provide proposed building footprints and areas for streets, parking,
sidewalks, and other impervious areas for Lot #2, including dimensions, on the
Layout Plan, Drawing C2.
3. Please redo the table of Section 111.6 of the application to show total area in the
upper portion and each lot in a separate column in the lower portion. Use the
"Other on -site" row to enter lot amounts that currently cannot be estimated for
buildings, driveways, etc.
4. Please provide a signed copy of the proposed deed restrictions to include all
required conditions and limitations. Information pertaining to deed restrictions
and covenants is attached for your use.
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 March 10, 2005, or the
applic,,:Jon 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.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405.3845 FAX [phone] Intemet: h2o.enr.state.nc.us One
An Equal Oppertunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarolrna

Mr. Henry E. Miller, Jr.
March 3, 2005
Stormwater Application No._SW8 050304
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Paul T. Bartlett, P.E.
Environmental Engineer
ENBlptb: S:1WQSISTORMWATERIADDINFO120051050304
cc: John A. Kuske, III, P.E., Norris, Kuske & Tunstall
Paul Bartlett
Page 2of2

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density
Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and
protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility. The
following deed restrictions and covenants must be recorded prior to the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division
of Water Quality under NCAC 2H. 9040.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. ,The covenants pertaining to stormwater may not be altered or rescinded without the
,,The
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Note: If the BUA per lot varies, please substitute the following paragraph for the
one above and provide a complete listing of the proposed BUA for each lot:
The maximum allowable built -upon area per lot is as follows:
Lot # BUA Lot # BUA Lot # BUA
These allotted amounts include 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
bf the pavement. Built upon area includes, but is not limited to, structures, asphalt,
Concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This
may be accomplished through a variety of means including: a piped collection system,
which ultimately discharges into the stormwater facility; appropriate grading of the lot
such that the built -upon surfaces drain into the stormwater facility; or graded swales
which collect runoff and direct it into the stormwater facility.
8. Each lot whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a
permit prior to construction.

1
The Development Group
1900 Eastwood Road, Suite 11
Wilmington, North Carolina 28403
[phone]
February 9, 2005
Ms. Linda Lewis, Environmental Engineer
NC DENR
Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: 250 Racine Drive Commercial Subdivision
Wilmington, NC
Dear Ms. Lewis:
Per your instructions to Amy Norris with Norris, Kuske & Tunstall Engineers, this letter
shall serve as our authorization for Henry E. Miller, Jr., Member/Manager of Duke Gene,
LLC, to sign on our behalf for matters relating to the above referenced commercial
subdivision. Please feel free to contact this office should you have any questions.
Sincer
Lionel L. Yow
n
C nie S. Yow���+
CX .�
Jon . Elmore II

RACINE DRIVE COMMERCIAL SUBDIVISION OWNERS:
John A. Elmore, il, Individual
Connie S. & Lionel L. Yow, Individuals
1900 Eastwood Road, Suite 11
Wilmington, NC 28403
[phone]
[phone] (Fax)
Duke Gene, LLC
Henry E. Miller, Jr., Member 1 Manager
1713 N. Lumina Ave.
Wrightsville Beach, NC 28480
[phone]
[phone] (Fax)

TOTAL SITE AREA:
SITE DRAINAGE AREA TO STORMWATER POND:
DISTURBED AREA LIMITS:
ZONING:
TAX PARCEL ID NUMBER:
MAP ID NUMBER:
CAMA LAND USE CLASSIFICATION:
FLOOD ZONE:
662.984 SF/15.22 ACRES
662,984 SF/15.22 ACRES
523,069 SF/12.00 ACRES
RB
R05017-001-003-000
63486
DEVELOPED
THIS PROPERTY IS NOT LOCATED IN
A FLOOD HAZARD AREA.
PROPOSED IMPERVIOUS AREAS:
FOR LOT NO. 1-6 AT 90% MAXIMUM
LOT NO. 1:
1.37 AC (0.90) =
1.23 AC/53,710
SF
MAX IMPERVIOUS
AREA
LOT NO. 2:
2.15 AC (0.90)
= 1.94 AC/84,289
SF
MAX IMPERVIOUS
AREA
LOT NO. 3:
1.26 AC (0.90)
= 1.13 AC/49,397
SF
MAX IMPERVIOUS
AREA
LOT NO. 4:
2.00 AC (0.90)
= 1.80 AC/78,408
SF
MAX IMPERVIOUS
AREA
LOT N0. 5:
3.84 AC (0.90)
= 3.46 AC/150.543
SF
MAX IMPERVIOUS
AREA
LOT NO. 6:
2.30 AC (0.90)
= 2.07 AC/90,169
SF
MAX IMPERVIOUS
AREA
TOTAL PROPOSED IMPERVIOUS:
11.63 AC / 506,603
SF
AREA FOR STORMWATER POND DESIGN
MAX IMPERVIOUS
AREA
NOTE: IF THE LOT SIZES CHANGE, THE
STORMWATER POND
DESIGN IS
BASED ON THE TOTAL AREA TO
BE DEVELOPED AT 90.00% MAXIMUM
IMPERVIOUS COVERAGE. THE TOTAL AREA TO BE DEVELOPED IS THE
SUM OF LOT NO. 1-6 AT 90.00% MAXIMUM IMPERVIOUS COVERAGE.
PROPOSED IMPERVIOUS AREAS:
FOR TOTAL AREA TO BE DEVELOPED
AT 90% MAXIMUM
TOTAL AREA TO BE DEVELOPED:
(SUM OF LOT NO. 1-6)
7. IMPERVIOUS AREA:
WITHIN TOTAL SITE AREA
12.92 AC (0.90) = 11.63 AC/506,603 SF
MAX IMPERVIOUS AREA
11.63 AC x 100 = 76.41 %
15.22 AC
LANDSCAPING:
(SEE LANDSCAPING PLAN BY OTHERS)
BUFFERS: 20' BUFFER REQUIRED ADJACENT TO
R-15 ZONING ON SOUTH END OF
THE SITE.
STORMWATER POND: 10' LANDSCAPE STRIP REQUIRED
AROUND THE POND.
NOTE: REQUIRED STREET YARD LANDSCAPING, INTERIOR LANDSCAPING AND
FOUNDATION PLANTING WILL BE THE RESPONSIBILITY OF EACH
INDIVIDUAL LOT OWNER.

SITE DATA L a-` No • z-
LOT AREA:
2.14 AC.t
DISTURBED AREA:
2.54 AC±
ZONING:
RB
PARCEL ID NUMBER:
R05017-001-003-000
CAMA CLASSIFICATION:
DEVELOPED
BUILDING USE:
TOTAL BUILDING AREA:
19,800 SF
BUILDING HEIGHT:
24'
BUILDING SETBACKS:
FRONT:
50,
CORNER:
50'
SIDE:
8'
REAR:
15'
REQUIRED PARKING:
50
PARKING PROVIDED:
116 SPACES
w/6 HC
122 TOTAL SPACES
IMPERVIOUS AREAS:
ONSITE
BUILDING & CANOPY:
23,050 SF
PAVING/LOADING:
ON SITE:
53,530 SF
OFF SITE:
16,720 SF
TOTAL PAVEMENT
60,270 SF
SIDEWALK/CONCRETE PADS:
3,260 SF
TOTAL IMPERVIOUS AREA:
86,580 SF
IMPERVIOUS COVERAGE:
91.2%
LANDSCAPING:
REQUIRED
PROVIDED
STREETYARDS:
25'
25'
INTERIOR LANDSCAPING 8%
4,820 SF
4,960 SF
w/15 TREES PER ACRE
FOUNDATION PLANTINGS:
FRONT: 330'x24'x12%
950 SF
770 SF
E. SIDE: 60'x24'x12%
175 SF
156 SF
W. SIDE: 60'x24'x12%
175 SF
356 SF
REAR: 330'x24'x12%
950 SF
950 SF
TOTAL
2,250 SF
2,232 SF
P04710 t✓ of
J5Iz/ o^-1 40 -
rNv. .ate

Am=
NORRIS KUSKE &TILINSTALL
CONSULTING ENGINEERS, INC.
March 2, 2005
Mr. Cameron Weaver, Express Review Coordinator
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: State Stormwater Express Permit Submittal
Racine Drive Commercial Subdivision
220 Racine Drive
Wilmington, NC
NKT Project No. 04115
Dear Mr. Weaver:
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S. Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
[��, lj�-ell-- P
Enclosed are two (2) sets of plans for the subject subdivision project, two (2) sets of plans for
the proposed development on Lot No. 2, one (1) drainage area plan, one (1) set of
calculations, the original Division of Water Quality Stormwater Management Permit application
with attachments, the original SWU-102 supplement form, one (1) copy of the stormwater
narrative, and a $4,000.00 check for the express permit review fee. Please note that the
subdivision Deed Restrictions are currently being prepared by the Owner's attorney and will be
submitted upon receipt.
Please review this information for approval and contact us with any questions or comments
you may have. Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE, & TUNSTALL
CONSULTING ENGINEERS, INC.
Lk lam'`-,
Jo A. Kuske, III, P.E.
JAKIIIIasn
04115 03-02-05-s-sw express-Itr
Enclosures
cc: Linda Lewis 1 NC DENR
Hank Miller
nny
} n 3 2005
,T� Ixj
kfp 4'
902 Market Street • Wilmington, NC 28401-4733 • Phone: [phone] • Fax: [phone]

Page I of I
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
Corporations
•Corporations Home
*Important Notice
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Contact Us
*Corporations Division
•Secretary of State's web site
PO Box 29622 Ralelgh, NC 27626-0622 [phone]
Date: 3/3/2005
Click here to:
View Document Filings I
Print apre-populated Annual Report Form I File an Annual Report I
Corporation Names
Name Name Type
NC Duke Gene, LLC Legal
Limited Liability Company Information
SOSID:
FID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address
Principal Mailing Address:
0638270
Current -Active
7/15/2002
Domestic
NC
Perpetual
Miller, Henry E., Jr.
1713 N. Lumina Avenue
Wrightsville Beach NC 28480
1713 N. Lumina Avenue
Wrightsville Beach NC 28480
1713 N. Lumina Avenue
Wrightsville Beach NC 28480
No Address
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PItemId=5486191
3/3/2005

SOSID: 0638270
Date Filed: 4/22/2004 9:10:00 AM
Elaine F. Marshall
AR North Carolina Secretary of State
2004 113 00611
j - LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAME OF LIMTrED LIABILITY COMPANY: Duke Gene, LLC
STATE OF riLORPORATION: NC
SECRET.'�RY OF STATE L.L.C. ID NUMBER: 0638270 FEDERAL. EMPLOYER ID NUMBER:
NATURE OFBUSINESS. Real Estate
REGISTERED AGEMi': Miller, Henry E., , Jr.
REGISTERED OFFICE MAILING ADDRESS: 1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
REGISTERED OFFICE STREET ADDRESS: 1713 N. Lumina Avenue
Wrightsville Beach, NC 28480 County: New Hanover
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS: 1713 N, Lumina Avenue
Wrightsville Beach, NC 28480
PRINCIPAL OFFICE STREET ADDRESS; 1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
Name:
Name:
Name:
Title:
Title:
Title:
Address:
Address:
Address:
City:
City:
City:
S'Ne: % Zip:
Slate: Zip:
.State: Zip:
TION F BE COMPLETED BY ALL LIMITED LIABILIT CO ANIES
/¢d¢
NIUS BE SIGNS H AGER/ME R DATE
l Uv /L� Manager/Member
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: S200.00 MAIL TO: Secretary of State • Corporations Division - Post Office Sox 29525 • Raleigh, NC 27626-0525

%02/25/2003 FRI 13:19 FAX [phone] Norris,` Kt�ske`, T�nstall;` I�001/010
NCDENR
1 rl CWV&1a Dcparirnnni of Environmeni and Naiurai Resources
127 Cardinal Drive Extension, Wilmington. INC 28405 (910)3953900 FAX [phone]
NKT #0411
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s)-
FAX to Cameron Weaver along uvith a narrative arid,, vicinity.map of the project,.
Projects must be submitted by 9,00 A.M. of the review" date, unless prior arrangements are made.
li $rrj i,r
APPLICANT Name HenryE. Miller Jr. Member I Manager _
Company Duke Gene, LLC -
Address 1713 N. Lumina Avenue 'City/State'
Phone [phone] Fax 910-256,3377
ail NI
Zip 28401 County New Hanover
PROJECT Name John A. Kuske, III, P.E.
ENGINEERICONSULTANT'
Company Norris, Kuske & Tun -stall Consulting En ineer$, Inc.
Address 902 Market Street City/State Wilmington, NC Zip 28401 County New Hanover
Phone [phone] Fax [phone] Email
❑ STREAM ORIGINATION CERTIFICATION
® STORMWATER ❑Low Density ®High Densit ..-Detention Pond ❑ High Density -Other
❑ Low Density -Curb &.Gutter, ❑,High Density -Infiltration ❑ Off Site
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed.
❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD
❑ Greater than 0.1 AC Wetlands lmpactedl:' ❑Jurisdictional Determination has been done
❑ Less than 0.1 AC Wetlands Impacted; ❑Greater than 0.5 AC Wetlands Impacted
The legislation allows
fee, to be charged for
SUBMITTAL DATES:
SW
CAMA
LOS
401
fees, not to exceed 50%,of-thd original &press Review permit application
It reviews due to the insufficiency of the permit applications.
For DFNR use only
Fee Split for multiple permits:
Total Fee Amount $

02/25/2005 FRI 13:19 FAX [phone] Dorris; Kuske,. Tunstall
4 002/010
r i
STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
RACINE DRIVE COMMERCIAL SUBDIVISION
220 RACINE DRIVE
WILMiNGTON,.NORTH CAROLINA
For'
Duke Gene, LLC
1713 N. Lumina Ave.
Wrightsville Beach, NC 28480
[phone]
,ati11D11rasell
February 2005
Prepared b';",.,
NORRIS, KUSKE & TUNSTALL.CONSULTING ENGINEERS, INC.
'902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
E-mail: [e-mail]
NKT Project No. 04115

02/25/2005 FRI 13.21 FAl 910 343 9604 1Orris, Kuske. Tunstall
'&10/010

02/25/2005 FRI 13:20 FAX [phone] tiorris, Kaske, Tvnstall
NARRATIVE
PROJECT DESCRIPTION:
Racine Drive Commercial Subdivision is a 15.22-acre site within the Wilmington City
limits in New Hanover County, North Carolina.. The subdivision site address is 220
Racine Drive. The project site will be subdivided into six (6) lots, which will be sold by
the current owner to individual developers,' Sanitary sewer piping, storm drain piping
and a stormwater pond currently exist on the site due to a past development, which was
not completed. The existing sanitary sewer and storm drain piping will be removed and
/ or modified for the new project as shown on -..the enclosed plans. The existing
stormwater pond will be modified to, comply with. 'the current NC DENR State
Stormwater Regulations and the current City of ;Wilmington Stormwater Ordinance.
The stormwater pond lot will be common area 'to the proposed subdivision
development. Each of the six (6) lots will be allowed to create a maximum of 90.00%
impervious coverage.
The project site is bound by two (2) City streets, which are Racine Drive and Market Place
Drive. Each individual site and owner will be responsible for obtaining driveway access
from one or both City streets accordingly. Driveways will be shared between adjoining
sites if it is feasibly possible.
The subdivision infrastructure work will require ' new site permits .or modifications
revisions to existing site permits. To date, the only -existing site permit located is New
Hanover County Land Disturbing 'Activity 'Permit' Nb.,� GP � 1890 & 458, which will be
revised. Approximately 12 acres will be , disturbed to complete the subdivision
infrastructure work_ 'Each individual lot and5'owner will be responsible for obtaining their
own site permits as required with th6 exception of Lot No. 2. At this time, Lot No_ 2 will be
owned and deveioped by the subdivision owners as, shown on the enclosed plans. Lot
No. 2 and the development will eventually be sold to a different entity. At that time, the
new owner of Lot No. 2 will submit for any -site permit modifications, name changes and
an NC DENR Off -Site Stormwater Discharge Permit as required.
SITE DESCRIPTION:
As mentioned above, Racine Drive; Commercial' Subdivision. is a 15.22-acre site within
the Wilmington City limits in New Hanover. `County;'°North Carolina. The site is
moderately wooded with soils con:'isting':of.'siltyisab6s acid grades ranging from 0.00%
to 10.00%. Portions of the site will remain' undisturbed- as shown on the plans. Trees
will be saved on the site to the extent possible..".
Z003/010

02/26/2005 FHl 13:20 FAX [phone] ~orris, Kuske, Tunstall
0004/010
EROSION CONTROL MEASURES:
The attached plans and specifications ',give ; the' :�equi(ements for erosion control
measures. Silt fence shall be installed as sh'own'orirfhe',attached plans. Erosion control
measures will be installed around lithe inlets as°`shoown oR the plans to trap silt during
construction. Inspect the erosioncontrol around °th'e' inlets after each rain and make
repairs as needed. Remove sediment as necessary to provide adequate storage
volume for subsequent rains. When the'. contributing drainage area has been
adequately stabilized, remove all materials and any unsuitable soil and either salvage
or dispose of it properly. Bring the disturbed area to proper grade, then smooth and
compact it. Appropriately stabilize all bare areas around the drop inlets. Temporary
graveled construction entrances will be installed as shown on the plans. Maintain the
gravel construction entrances in a. condition to prevent mud or sediment from leaving
the site. The contractor shall inspect the construction entrance on a daily basis. This
may require periodic top dressing' with additional stone. Any objectionable materials
spilled, washed, or tracked onto public roadways. shall be;removed immediately.
STORMWATER MANAGEMENT MEASURES
As previously mendoned,.the subdivision proiect site is located in New Hanover County,
NC within the City limits at 220 Racine Drive. Land disturbing on the site will exceed
one acre, which requires the site to comply with the State Stormwater Regulations. The
site will also have to comply with the City of Wilmington Stormwater Ordinance. As
previously mentioned, an existing stormwater pond on the site will be modified to
comply with the current regulations and , ordinance. The modified subdivision
stormwater pond has been designed to handle 90% impervious coverage from each of
the six (6) lots proposed. The total acreage for the six (6) lots or the total area to be
developed is 12.92 acres, which does not' include'the- stormwater pond lot, which is
common area. The total area of 12.92 acres at 90%.impervious coverage will allow a
maximum of 11.63 acres / 506,663 SF 'of 'impery ous area., Therefore, runoff from all
impervious areas including the roof will be coliected'and directed to the project drainage
system, which will drain to the modified sul7_division stormwater pond_ See the table
attached to the stormwater permit application for additional information on lot areas and
maximum lot impervious coverage limits. Also see the site data table in the calculations
and on Sheet C2 of the plans for a detailed breakdown of. areas and project
information. t
CONSTRUCTION SEQUENCE:
The contractor will install the diravel construction entrances, silt fence and other
specified erosion control measures prior ,,,to beginning � any grading operations.
Disturbed areas will be landscaped or. seeded u' 6nl completion in accordance with the
specifications attached_

02/25/2005 FRI 13:20 FAN 910 343 9604 Norris, Kiiske,` T��stall
!
MAINTENANCE PLAN
1- All erosion and sediment control practices' will be checked for stability and
operation following every runoff -producing rainfall but in no case less than once
every week. Any needed!; repairs ",will.- be.,.. made immediately. to maintain all
practices as designed.
2. Install erosion control measures before beginning construction or as soon
thereafter as possible. All erosion and `sediment control practices will be
checked for stability and operation following evey runoff -producing rainfall but in
no case less than once every week. Any needed repairs will be made
immediately to maintain all practices as designed.
3. Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site. 'The contractor shall inspect the
construction entrances on a daily basis. This will require periodic top dressing
with additional No. 4 stone. Any objectioriable materials spilled, washed, or
tracked onto public roadways shall be" m reovedlirhrriediately.
4. Install erosion control measures around the�orop inlets as shown on the plans to
trap silt during construction: Inspect the erosion control around the inlets after
each rain and make repairs immediately_ Remove 'sediment when it becomes
0.50 deep to provide adequate storage 'volume' for�subsequent rains. When the
contributing drainage area has been -adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly. Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets.
5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet
deep at the fence. The sed.iment fence will be repaired as necessary to maintain
a barrier.
6. No cut or fill slopes shall exceed 'a side slope of..1,vertical to 3 horizontal unless
otherwise specified on the plan. All •'slop'es'..shall, be seeded and stabilized within
15 days.
7. The stormwater ponds will act as; sediment t asiht and will be cleaned out when
the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be
cleaned or replaced when the sediment, pool no longer drains properly.
8- No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.
�00,5/010.

02/25/2005 FRI 13:20 FAX [phone] Norris, Kuske, Tunstall
9006/010
� F
9. All disturbed areas shall be- seeded within 15 days of disturbance. All seeded
areas will be fertilized, reseeded as necessary 'and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover.
10. More stringent measures shall be used to halt erosion if those shown on this plan
are not effective.
11. All erosion shall be controlled including 'side slopes before the project is
completed.
12, Remove temporary measures upon completion of project. All permanent
measures will be well established before project closeout.

02/25/2005 FR1 13:20 FAX [phone] Norris, Kuske, Tunstall
4007/010..
SECTION' 02920
SOIL EROSIOWAND SEDIMENTATION -.CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of 'suspension or completion of land
disturbing activities, provide permanent':°'protective.'' covering for disturbed areas.
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and continuous erosion and siltation control throughout the
construction and post -construction period. Use the specified seed for both temporary and
permanent seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-1 O'grade or equivalent.
2.3 Lime shall be dolomitic ageicultural ground limestone containing not less than 10
percent magnesium'oxide.
r'
2.4 Mulch shall be small grain straw,' hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of . NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet,on center. The bottomlaf the fabric shall be buried a
minimum of 6 inches.
2.8 Gravel for check dams shall be #57'washed stone.'

02/25/2005 FRl 13.21 FAX [phone] Norris; Kuske, hnstall
&08/010
2.9 Aggregate for construction entrance shall be #4 washed stone.
2,10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown. {{
3. EXECUTION `
3.1 General, Take every practicable measure 'during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
32 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland'or watercourse.
3.2.2 Maintain an undisturbed 'vegetative' buffer, where possible between a natural
watercourse and trenching and grading operations. I ,.•
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes Ito' minimum'' slope of 3:1, unless otherwise
shown or directed. 4 '
3.3 Temporary Physical Barriers are required where sedimentation on off site
property or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rote"ofi75 to�100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2_ Asphalt emulsion for slope stabilization'shouid be applied at a rate of 1,000
gallons per acre. Asphalt' emulsion used for -anchoring straw should be
applied at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade.
3.3.3 Stone Check Dams, placed at the 'discharges of creeks, ditches, and swales,
shall consist. of Class A rip rap at minimum two feet high and three feet thick across the

02/25/2005 FR1 13:21 FAX [phone] Farris, Kuske,' Tunstall
�009/01�
watercourse, with a one -foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be' seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 114
inch. Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore. Reapply as 'necessary to retain cover until grass is
established. ?
3.5 Construction Entrance: Provide an aggregate drive;' 20 feet wide by 50 feet long
by fi inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is.'.constructed. Remove soil if accumulated to a depth
greater than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the' project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION "-'

2%02/251200'
.f
i} FRI 13:19 FAX [phone] Norris, Kuske, 4unstall 05D3D�- 2001/010
�;; i
NCDENR,
Nosth Cairviina Drparimeni of Environment and Naiurai Resources
127 Cardinal Drive Extension, Wilmington, NC 28405 [phone] FAX [phone]
NKT #04115
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s).
~' FAX to Cameron Weaver along with a narrative and vicinity)v of the project location.
Projects must be submitted by 9:00 A�M. of the revieWdate, unless prior arrangements are made.
APPLICANT Name Henry E. Miller, Jr., Member/ Manager__`:''
Company Duke Gene, LLC
Address 1713 N. Lumina Avenue CitylState Wilmington.. NC' Zip 28401 County New Hanover
Phone✓ 910-256-3304 Fax [phone] Email NI
PROJECT Name John A. Kuske III P.E. 2Crrr,V_
ENGINEER/CONSULTANT
Company Norris, Kuske & Tunstall_Consulting En-gineer§, Inc. T�
Address 902 Market Street City/State Wilmington, NC Zip 28401 County New Hanover
Phone [phone] Fax [phone] Email
f
❑ STREAM ORIGINATION CERTIFICATION
® STORMWATER ❑ Low Density ® High Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
❑ COASTAL
MANAGEMENT
❑ LAND QUALITY
❑ Excavation & Fill ❑ Bridges & Culverts
❑ Upland Development ❑ Marina Development
❑ Erosion and Sedimentation Control Plan with
❑ Structures Information
❑ Urban Waterfront
acres to be disturbed.
❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD
❑ Greater than 0.1 AC Wetlands • Impacted, . ❑Jurisdictional Determination has been done
❑ Less than 0.1 AC Wetlands Impacted. ❑Greater than 0.5 AC Wetlands Impacted
The legislation allows addiSonal fees, not to exceed 50% of the original Express Review permit application
fee, to be charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
SUBMI L ATES: Fee Split for multiple permits:
SW .- $
CAMA $
LQS $
401 $
Total Fee Amount $

02/25/2005 FRI 13,19 FAX [phone] Norris. Kuske, Tuusta.l1
002 010
STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
RACINE DRIVE COMMERCIAL SUBDIVISION
220 RACINE DRIVE
WILMINGTON,-NORTH CAROLINA
For
Duke Gene, LLC
1713 N. Lumina; Ave.
Wrightsville Beach, NC 28480
[phone]
February 2005
Prepared b}'
NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
E-mail: [e-mail]
NKT Project No. 04115

FRI 13.21 FAX [phone] Dorris, Kuske. Tunstall
Y�
&10 0l0
1

02/25/2005 FR1 13:20 FAN 910 313 9604 Farris, Kuske, Tunstall
� 003/010,
1'Y
NARRATIVE
PROJECT DESCRIPTION:
Racine Drive Commercial Subdivision is a 15.22-acre site within the Wilmington City
limits in New Hanover County, North Carolina. The subdivision site address is 220
Racine Drive. The project site will be subdivided into six (6) lots, which will be sold by
the current owner to individual developers.' Sanitary sewer piping, storm drain piping
and a stormwater pond currently exist on the site due to a past development, which was
not completed. The existing sanitary sewer and storm drain piping will be removed and
! or modified for the new project as shown on the enclosed plans. The existing
stormwater pond will be modified to comply with 'the current NC DENR State
Stormwater Regulations and the current City of .Wilmington Stormwater Ordinance.
The stormwater pond lot will be common area 'to the proposed subdivision
development. Each of the six (6) lots will be allowed to create a maximum of 90.00%
impervious coverage.
The project site is bound by two (2) City streets, which are Racine Drive and Market Place
Drive. Each individual site and owner will be responsible for obtaining driveway access
from one or both City streets accordingly. Driveways will be shared between adjoining
sites if it is feasibly possible.
The subdivision infrastructure work will require new site permits .or modifications !
revisions to existing site permits. To date, the only'existing .site permit located is New
Hanover County Land Disturbing .Activity Permit' No.� GP '.1890 & 458, which will be
revised. Approximately 12 acres will be disturbed to complete the subdivision
infrastructure work. Each individual lot and 'owner will be responsible for obtaining their
own site permits as required with the exception of Lot No. 2. At this time, Lot No. 2 will be
owned and developed by the subdivision owners as shown on the enclosed plans. Lot
No. 2 and the development will eventually be sold to a different entity. At that time, the
new owner of Lot No. 2 will submit for any site permit modifications, name changes and
an NC DENR Off -Site Stormwater Discharge Permit as required.
SITE DESCRIPTION:
As mentioned above, Racine Drivi� Commercial Subdivision is a 15.22-acre site within
the Wilmington City limits in New Ha'no%ier- County '• North Carolina. The site is
moderately wooded with soils con: isting ,of silty. sands ,and grades ranging from 0.00%
to 10.00%. Portions of the site will remain'undisturbed as shown on the plans. Trees
will be saved on the site to the extent possible.'

G2/25/2005 FRI 13:20 FAX [phone] Norris, Kuske, `I'unstall
1
9OU4/UIU
EROSION CONTROL MEASURES:
The attached plans and specifications '.giVe the',;require''ments for erosion control
measures. Silt fence shall be installed as stiovvnon?the;atiached plans. Erosion control
measures will be installed around the inlets as 'sf 8'wn` on the plans to trap silt during
construction. Inspect the erosion ;control around :the inlets after each rain and make
repairs as needed. Remove sediment as necessary to provide adequate storage
volume for subsequent rains. When the contributing drainage area has been
adequately stabilized, remove all materials and any unsuitable soil and either salvage
or dispose of it properly. Bring the disturbed area to proper grade, then smooth and
compact it. Appropriately stabilize all bare areas around the drop inlets. Temporary
graveled construction entrances will be installed as shown on the plans. Maintain the
gravel construction entrances in a. condition to prevent mud or sediment from leaving
the site. The contractor shall inspect the construction entrance on a daily basis. This
may require periodic top dressing with additional stone. Any objectionable materials
spilled, washed, or tracked onto public roadways shall be -removed immediately.
STORMWATER MANAGEMENT MEASURES`
As previously mentioned, the subdivision project site is located in New Hanover County,
NC within the City limits at 220 Racine Drive. Land disturbing on the site will exceed
one acre, which requires the site to comply with the State Stormwater Regulations. The
site will also have to comply with the City of Wilmington Stormwater Ordinance. As
previously mentioned, an existing stormwater pond on the site will be modified to
comply with the current regulations and . ordinance. The modified subdivision
stormwater pond has been designed to handle 9D% impervious coverage from each of
the six (6) lots proposed. The total acreage for the six (6) lots or the total area to be
developed is 12.92 acres, which 'does not, include the- stormwater pond lot, which is
common area. The total area of 2.92 acres at,90% impervious coverage will allow a
maximum of 11.63 acres 1506,603 SF of i'mpe vious. area.' Therefore, runoff from all
impervious areas including the roof will be collected directed to the project drainage
system, which will drain to the modified subdivision stormwater pond. See the table
attached to the stormwater permit application for additional information on lot areas and
maximum lot impervious coverage'limits. Also see the site data table in the calculations
and on Sheet C2 of the plans for a detailed breakdown of, areas and project
information.
CONSTRUCTION SEQUENCE:
The contractor will install the dravel construction entrances, silt fence and other
specified erosion control measures prior -to beginning any grading operations.
Disturbed areas will be landscaped or -seeded upon completion in accordance with the
specifications attached.

02/25/2005 FRI 13:20 FAX [phone] N"Orris. fiske,`Junstall
&03/010:
MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and
operation following every runoff -producing rainfall but in no case less than once
every week. Any needed, repairs'=will be; made' immediately. to maintain all
practices as designed.
2. Install erosion control measures before beginning construction or as soon
thereafter as possible. All erosion and 'sediment control practices will be
checked for stability and operation following every runoff -producing rainfall but in
no case less than once every week. Any needed repairs will be made
immediately to maintain all practices as designed.
3. Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site. 'The contractor shall inspect the
construction entrances on a daily basis. This will require periodic top dressing
with additional No. 4 stone. Any objectionable materials spilled, washed, or
tracked onto public roadways shall be removed,imrriediately.
4. Install erosion control measures around the -drop inlets as shown on the plans to
trap silt during construction Inspect the erosion control around the inlets after
each rain and make repairs immediately. Remove sediment when it becomes
0.50 deep to provide adequate storage volume for subsequent rains. When the
contributing drainage area has been -adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly. Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets.
5. Sediment will be removed from behind the silt fence when it becomes 0.5 feet
deep at the fence. The sediment fence will be repaired as necessary to maintain
a barrier.
6. No cut or fill slopes shall exceed a side slope of 1 -vertical to 3 horizontal unless
otherwise specified on the plan. AII'slop'es' ' hal[ be sf?eded and stabilized within
15 days.
7. The stormwater ponds will act as sediment basins and will be cleaned out when
the level of sediment reaches 2.0 ft below the top of the riser. Gravel will be
cleaned or replaced when the sediment pool no longer drains properly.
8. No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan. All slopes shall be seeded and stabilized within
15 days.

0,2/25/2005 FRI 13:20 FAX [phone] Dorris, Kuske, Tunstall 0006/0I0
9. All disturbed areas shall be seeded within 15 days of disturbance. All seeded
areas will be fertilized, reseeded as necessary and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover.
10. More stringent measures shall be used to halt erosion if those shown on this plan
are not effective.
11. All erosion shall be controlled including side slopes before the project is
completed.
12. Remove temporary measures upon completion of. project. All permanent
measures will be well established before project closeout.

02/25/2005 FRI 13.20 FAX [phone] Norris, Kuske, Tunstall
4 007/010..
SECTION 02.920
SOIL EROSION�AND SEDIMENTATION CONTROL
1. GENERAL
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations_
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 The Contractor shall, within 15 days of suspension or completion of land
disturbing activities, provide permanent -''protective covering for disturbed areas.
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and continuous erosion and siltation control throughout the
construction and post -construction period. Use the specified seed for both temporary and
permanent seeding.
2. PRODUCTS
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10'grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of.NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet'on center. The bottom.of the fabric shall be buried a
minimum of 6 inches_
2.8 Gravel for check dams shall be #57`washed stone.

02'/25/2005 FRI 13. 21 FAX [phone] Norris, Kuske,' TOnstal l
&08/010
2.9 Aggregate for construction entrance shall be #4 washed stone.
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown.
3. EXECUTION
3.1 General- Take every practicable measure 'during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new ditches,
and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland'or watercourse_
3.2.2 Maintain an undisturbed vegetative buffer' where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams; creek , and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise
shown or directed.
3.3 Temporary Physical Barriers are required where sedimentation on off site
property or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary. stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a r6te' of 75 to ' 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2_ Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt ' emulsion used for anchoring straw should be
applied at a rate of 150 gallons per ton of straw.
3.3-2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0.5 feet above natural grade_
3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales,
shall consist of Class A rip rap at minimum two feet high and three feet thick across the

U1/Z�/ZUUa W 13:Z1 HA 91U 343 96U4 Norris, Kuske, 'install
4009/01C
watercourse, with a one -foot thick layer of gravel on upstream side. Remove sediment if
accumulated to a depth of 1.0 feet at upstream face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed. is prepared. Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4
inch. Regrade and seed eroded areas immediately
3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored
as specified hereinbefore. Reapply as necessary to retain cover until grass is
established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long
by 6 inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is constructed. Remove soil if accumulated to a depth
greater than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION ,

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.N7 IJkr 13,.1In PI, es oPPOR TpNITY

STATE OF NORTH CARoLUj.&
pepaxtme� of ��en and �`atatal Resos
IV Ca:aW DA-vo ��enszon
Wffi ingtan, Noxilt Cazoline 28405
.(91Q�?96-7215 •
FILL ACCESS RECORD
Ua $ha6w,lU
forAccess. T4e *ff of'W1 , Rpgra1. Of ce ' dedicatoa to ziakbg public mwxds in
4iXC CliSff}d$34#*iZO �0 $I�r7CtlrYeyl��P and COii} &@e$10C51�3III fl7 Q79
publk fo sahg gd these records and to =y ont our cry-to-daypropm obfigatians Plw read
mmhlf the fogamg904am signmgthe
. ftm-
Do, to die lap p-tsllc deamd for:85 access, we xpqjiost tym oan a; leasta day �a
94MCe fa gadale an- appottaoAtfo xedpofthe Mes 4�oia enfs min ba schemed
e eenQpam a� dcD4ze� fig idsfi 4.�5prarie arxivtn b one an
oiftpt ma.Aem 66 ifies k the enieut &at fim. a and staff • r Aon s vgabhI
2. You =tspwify files 7oantto roview by nave 7 number of files yon
myraylim atmothe"zubaknifedbire.
. Ymiaqzlalm.wpies of aflowbmtecopierzsnot useb fbestaffandiftimepermits.
Cast far copy is $.OS cents hzg end Ann be made bty clack moff order ar eask at e
r e as des . gkl s wo a ing $5 Da ar. moo Caa bo invoiced for hwL eo4v6lenae,
, ICT )1 _ P I N O DE 1W DUN MM4'Ha may Rot be takm from.
of oa,- To move, a dafaw, mate, or dastoymaterfal m ma oftese des is a.
mkftpanar for whlo . you can ba edu s $506_R0. 1 o b iefaases 1arQe tes ate. arc .
ecmitted in fl1e tie mviplw area.— -
�, liz accaxda�a Ge�zaral. Sac 25.3-51�, a. -aD-processing fee �Tf �a c�rgr.� auc�
collootd for• c lhv&s on -which * met has bee mhsod.
c ..Iy AME
It
r {9=9 attach a bu�ess Clu d t0 flits fom
COPIES MA-iB PAM
�'.t�dmir�.f�e access �• -- -
Tfoot

STATS OF XORT) f CARoLjNA
Depart=t of Bhvim=aj #a,1 and Netura ltegaf yes
127 CardlW Dim Rxtcnsioa
W'iknington, North CazoBna 28405
(910) 795 721.5 ,
M—F, ACasgRECQ
SIMON , kYl
Gr r` es far Accessr U),� staff of Wfimlaeazt Rogiond Offt a is dAcated to M*iag pubic mox& m
o Mao atraxSable to tie p 6Iic rteView a td capyi e afo ft VspoRslEWz �a
pubfiC to safeggard these rmca6 and to cam ont our day-to-dgprogram Aga6go& Please Toad
Wef€ Y dle fnlmwmg 9ul&1m AplAgt& fog
� D€� � fii3e .large pu��e demand far �[.� ar�es�, tie �'ec�st�t�ru cad a� Ieasta day �.
sdFa�.ce � said an appa.�tme�to x��ie� �� �ipboza�n��nfs Diu he �c�redu�e�€ •
a ttae7 .a e •ie tiles lho e to fiat time akd go s gvasia�
2• Yoa =fspecfir hies 7ouvent to review by tatty zraMja, `I�nu�bex offde� that��
.. �apre et a�lei�ie I.be �itadta fie;.
ya *Zab,cppie�s ofa'Me when the o*erzs n��nse��ib� staffand zftimcperok�s.
astper copy ig to oert . Fa 2,ut ME pe_made 41'aact Illowr arder� oz cash. athe
rece ' 'a desk.. foblig L5.60 or mare cam be itt�oicer for o r to ieuee..
. m-S MS n APT JW Q&F, m1es maynatbetal from
tie ice.• To move, asters deface, efe, of des#oymat lig ill cm ofthem hiss is e
mis6,*eam- fcr wH- pit oen. be . ed ttp to $500xa. No Wtas'& large totes at atta .
tserftrit tt irE the fild reV eW area. ;
�. m. accoxda�zce Gxs� SEa�e 25r3-5I2, a $?.5.00•process� �e �t�a charged,anc� -
�ollected.�r �.ecl�s a�. �Iacb: pap�ent ltas beep. remised. .
lsk�, of mess Dais T eln TIme Out
-Pta=e aom-h a bwtws ca d a`o thu foram '� .j
COPIES MA -DR OJ�` _ P
:.��.flIo aee

STATE OF NORTH CA:ROLTA
Depaitnont of Eam=enta,1 andNataral Resources
127 Car&ad Drtw�,- p-rez saon
Wflaugton, North Caroaa 28405
(910) 796721.5
FME ACCESS UCQjW
OCTION D C; m Sln
xEYWAT'l; C- in ^ 10 ^ 4 p�
NAM
--
.I�P�.�IT1�#'�r
G'nide ` es �acoss� �e staff of �"zl�iu�tan Regi�at Q�,ce is de�icatedto mak�gpublic rscaxds .bz
our cmtodyxead4 ava fable to tb o pudic fr review ana capymv, we; also bove tbp, xesposfbfflt Z 1he
ptdrlxa to sa 094 rd these r=itz arld to carry out out day today program obllgadom Please read
carefully 10 folbwmg gmdal= sigairrgtb:e
Doe to -to Iangep- bh& d=aud for It, =w4 we regn%ttbatym call. # loot a day 4
a4moe to. soheduIe as appGb montto rovin,- be files. AypofatRimis will W seheduied
a aen �;QQ m anl3.00 im V!Mingfte ends at 4:45pm, A. Yolla arrfYin wifha�tt ri
obftent ma JeW fhe files to the extent tbAt Die and staff sn � r sion is a� able
2.aa musts peciiy fa%s you want to resew b faczt nave number files tba you
utayreviow at oqo &na vnl be lmzited to be.
3. You icy lmft, dies of a file when. iha copier is not ia ns, bytlte staff and ifffmo parts.
fast per copy $.05 .'ayme Mai he made hy cbee, m aeY ozdar, or cash at the
reCo ies total i DO or Moore can ein diced far a�ur Convenience.,
�:-. �;� �ZIT�' $� SEF`� 1N �.�DFI€� �'OT� �'OU1� ��• `Piles maytatba takes fr�a.
�a o-:ftice.• �'o xema�, aItez, clefafle, safe, azdestroymsterial. ire ane ofilzese files i5 a. -
misdempawr for WYl -,h you cat be fmed up io $500.00. No h efcases, Tar e tote , eic�at_ o -
�etvnit%ci in tha RIe resew area..
. 7a aocp)rftce w& G=ral State 25 ,512, a $2a.40•proeessiag flee wip. be ellarged and
collected br chech on which Mama his been refused,
EAL�Y1�,AItIE COL%tl�Y
0
4
Sign eaudNama"dPhAwiaoss 1
Pisase agaah a business card to phis for rra
COPIES MAM PAID
1dminBa acmes
Time in lute oat
INVOICE

SrATF, OF NORTH CAROI,iNA
Departm,e,at of Environmeatal and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION
TM/DATE
NANM
REPI.ZESENTING
Guidelines far Access: The staff of Vlmington Regionat Office is dedicated to making public records ia
our custody readily available to the public for -review and copying We also heave to responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the Mowing guidaliws signing the fornu
I Due to the large public. demw.d for ale access, we request that ypu call at least a day in
advance to schodule an appointment to reviewthe,riles. ointments will be scheduled -
etEveen 9:002m and 3:QQ T. Vievdingtinae ends at4:45pm, one arri without an
appointment Mgyytew t6 files to the extent that time and staff suporvision is available.
2. . You must specify files you Want to review by facility name. `l`he number of files that you
may review at one tune will be Wfed to Eve.
3. You may ra&e copies of a file whein the copier is not in use by the staff and if tune permits.
Cost par copy is $.05 cents. Payment may be made h check, Money order, or cash at the
receLdwi dent Co iea totalingILOO or more can be invoicedfofor y2pr eonvenrance.
- MU -MUST ME KEPT 1N ORDER YOU FOM 'MM. ' Files may not be tat w from
fie afftce. To remove, alter, deface, muiilate, or destroy material in one of these MDs is a
misdemeanor for which you can be fined up to $500,00. No Briefcases lame totes, etc. are
emitted in the file review area.
�. In. accordance with General Statue 25-3-512, a $25-00-processing fee -will be charged and
collected.for checlts on, which payment has been refused
FA= NAME COMY
V. _ M
2
3.
' ppQ/rhy 7 I J�
S1tir 1 P.
I 2 r U
datL'and acne of F Umoss Date
Please attach a bus#Mess card to this fo1 m
COPIES MADE PAD ' 0,70 -- -
S:.Abnin.f el access
Time k Time Out
DITVQZCE

NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E.
Kent P. Harrell, P.E. John A. Kuske, III, RE.
CONSULTING ENGINEERS, INC. James T. Pyrtle, P.E. J.A. Kuske, P.E.
r— -
902 Market Street • Wilmington, NC 28401-4733 • Phone [phone] • Fax (910)' 343-9604 '_ ��
J1 i
E-Mail: [e-mail]
JUN 1 6 2Q06
LETTER OF TRANSMITTAL v,Y_. _.
To: Linda Lewis
Date: June 16, 2006 11
Job No. 04115
NC DENR - Wilmington
subject: Racine Drive Commercial Subdivision
220 Racine Drive
Wilmington, NC
WE ARE SENDING YOU VIA HAND DELIVER
® ATTACHED ❑ UNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER
❑
FAX TRANSMITTAL: NUMBER OF PAGES
INCLUDING THIS TRANSMITTAL
Call 910-343-9653 if you have any difficulty
1 receiving this message.
COPIES
DATE
NO.
DESCRIPTION
1
05-30-06
Original NC DENR Water Quality Coastal Stormwater Permit Name / Ownership Change Form
1
04-14-06
Copy of Conveyance of Common Areas / Easements
1
106-02-06
Copy of NC General Warranty Deed
1
05-10-05
Copy of First Amendment to Declaration of Protective Covenants
1
04-11-06
Copy of Engineer's Certification for State Stormwater Permit SW8 050304
1
05-30-06
Original Wet Detention Basin Supplement Form w/ Maintenance Plan
❑ AS REQUESTED
❑ FOR YOUR USE
❑ FOR REVIEW AND COMMENT ® FOR APPROVAL
❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
CC:
Please let us know if you need anything else. Thank you.
SIGNED John A. Kuske, III, P.E. / asn
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 delivering 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.

LAW OFFICES
YOW, FOX & MANNEN, L.L.P.
102 North Fifth Avenue
Wilmington, NC 28401
EDGAR L, YOW (190?-1991)
CICERO V. Y0%V (1914-1990)
W, ALLEN C01313, SR. (19t7-1999)
DOUGLAS A. FOX
JERRY A. MANNEN, JR.
LIONEL L. Y033'. 01 (;ounsel
April 14, 2006
Mr, Henry E. Miller, III
Cape Fear Commercial
1111 Military Cutoff Road
Suite 151
Wilmington, NC 28405
Re: Duke -Racine Property Owners Association, Inc.
Annual Meeting
Conveyance of Common Areas/Easements
Dear Hank:
MAILING ADDRESS:
P- 0. DRAWER 479
WILMINGTON, N.C. 29402
PHONE: [phone]
FAX: {910) 251-9247
It is my understanding that you will be having a turn -over meeting in the near
future with regard to the removal of the developerideclarant's representatives and the
insertion of the lot owners as members, directors, and officers of the Dune -Racine
Property Owners Association.
As you are aware, the bylaws call for an annual meeting of the members and
directors each year in April. The bylaws and statutes also allow the notice of such
meetings to be waived or for the meetings to be held by consent. Based upon the
imminent turn -over meeting in the near future it seems to me the easiest approach to
accomplish the annual meeting is by consent keeping everything the same as last year
to allow the developer to finish all items and then have the turn -over meeting.
Enclosed for review and comment please find a draft consent to action without
meeting to be executed by the Members (Lot Owners) which keeps the original, initial
board of directors in place. Enclosed also please find a draft consent to action
without meeting to be executed by the board of directors which keeps the same
officers in place.

Mr. Henry E. Miller, III
Page 2
If the above documents meet with your approval, please circulate the same
among the Members for execution. Thereafter, please place a copy in your corporate
book.
Looking forward, one of the last items which remains before the turn over is the
conveyance of the common areas and easements as shown on the recorded plats to
the Association. Enclosed for review and comment please find a draft deed from the
original owners conveying these areas to the Association.
Should you have any questions, please feel free to give me a call. Otherwise,
I await your further instruction.
With kind regards, I am
Sincerely yours,
YOW, X & MANNEN, L.L.P.
Jerr Mannen, Jr.
Enclosures

The covenants pertainingto storm water ma not be altered or rescinded
withodthe express written consenof the State of Noah Carolina, Division of Water
Quality.
4. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
5. The maximum allowable built -upon area per lot is as follows:
Lot No.
Lot Area
Maximum_Built Upon Area
(BUAI P 90%
Lot 1
1.37 ac
1.23 ac/53,710 SF
d • SS
Lot 2
2.15 aC
1.94 ac/84,289 SF
Lot 3
1.26 ac
1-13 ac/49,397 SF
eat 2
Lot 4
2.00 ac
x.80 ac/78,408 SF
Lot 5
3.84 ac
3.46 ac/150,543 SF
. 2�� �4,ID
Lot 6 2. o a77c-- 2.07 ac/go,16g SF
These allotted moues include an built -upon area constructed within the lot
property boundaries, and thatpportion of the right-of-way between the front lot line and
he ed a of the pavement. Built upon a ea includes, but is nqt limited to, strictures
asphalt, concrete, gravel, brick, stone, sate, coquina and arking areas, but does not
include raised, open wood decking, or the water surface olyswimming pools.
6. Any runoff from thy built -upon areas on the lot must drain into the pe mitted .
sy tenA. This maybe accompished througi a varietX of means including: a pipe
collection system, whish ultim telyy discharges into the stormwater facit�ty; approppriate
gradin of the lot such that #he�uilt-u on surfaces drain into the stormwater facility; or
graded swales which collect the runoff and direct it into the stormwater facility.
7. Each lot whose ownership.is no retained by thepermittee is required to
submit a separate stormwater permit application to the Division ofWater'Quality and
receive a permit prior to construction.
8. Declarant reserves the right to recalculate the maxi�num allowable built u on
area in accordance with the stormwater runoff rules and regulations of the State of on
Carolina, All drahinage swales or patterns used to treat stormwater runoff as required by
the State of Nowt Carolina may not be filled in, piped or changed without the consent of
the Declarant, it's designee the Association, or the State of North Carolina and shall be
maintained as set tortt� in gection V below and Articles 4, S, and 7.
R. UndeveloDed Propertv :
Declarant shall maintain all undeveloped property in the Development in a
neat and attractive condition.
S. Destruction:
Any buildin , struct re or improvement which is destro ed in whole or in
%art by fire or other casua y shall either rebuilt or tom down, and all debris removed.
e Lot shall be restored to a sightly condition with re sonable promptness, however, in
no event shall such debris remain on such Lot longer than three (3) months. A temporary
privacy wall or fence must b built to screen t e pro erty from view within seven {7) days
and such fence or wall must be approved in advanceDy the Declarant.
� . l o.vo s- 'W,
SO 5
ar:i 5
r 5,A B
50(5, 5 k 6 -rs (--

10
" JUN-05-200G 11:25 FROM: TO:910 256 3377 P.2
ti
Ly1l�
Q � �`' 2008033 30
FOR KCISRrtOpH SIER OF 0EE05
RH
�8Cu�
2:1rHC
029: Ph
8i(.5011 KJ561-1585 FEE:173.M
WN41201410
NORTH CAROUNA GENERAL WARRANTY DEED
Excise Tax:
—
Purel Identifier NoRO5017-MI-00 O/etifled by County on the � day of , 20
Mailbox to:
This incl2wnaM was prepared by; YewEON &Mmmm EQ BoA 474 Wiltninom b(C 28402
Brief description for the Index:
THIS DEM made thi� day of 2006, by and between
Dohs Gene, LLC
A North Carallus Limited I. sblilty Company
and
Lionel L Yon► and w1k Connle S. Yow
and
John A. More,11, Unmarried
GRANTEE
Duke -Racine Property Owners Assocla don, Inc.
Addrwa: 1111 military Cutoff Rd
Suite 151
111flkir4tan, SC 26405
$shin in appropriate bock for each parry: name, address, and, if appropriate, dwatter of entity, e.g. corporation or partzmslup.
The designation Grantor and Grantee m used herein $hall include said panics, their heirs, successor, and assigns, and shall include
sirwalar, phunl, masculine, feminine or neuter as required by context.
WiTNESSETH, that the Grantor, for a valuable oonslderation paid by rho Grandee, the receipt of which is hereby acknowledged, has
and by these prescres doer grant, bargain, sell sad convey unto the Grantee in fee sh»ple, all that certain lot or parcel of land situated
in the City of Wilmington, Township, New" HsuQvex County, North Carolina and more parlicubwly desmInd
as follows:
Seo Attached Exhibit "A"
The property hereinsbovr described was acquired by Gnwtor by instrL n nt accorded in book
Page—.
A map showing the above described property is recorded in Plat Book ^_17 page-,$9&gj4
(00054464.DOC;NC $a Maocinnriun Fmm No_ 9 D 1976, Reused b 1977, 2002
Ninecd by Agaarww with Me NC Dr Arrodwk. • 1981
Rvui v To: Doti(--ks A_ lox

JUN-05-2006 11:25 FROM:
TO:910 256 3377 P.3
TO HAVE AND TO HOLD the afomwdd lot or parcel of land and ail privileges and appurtenances dwrew b0ongiug to the GUMet
ip fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in
fee simple, dent We is marketable and free and clear of all ea=tx=ccs, and that Grantor will wurra>St and defend the title against
the lawf111 claims of ell persons whonuMver, od= than the follawmg exceptions:
The provialoas or nn applic*bie noninl; and land use ordlazeecs. statutes end regulations; the provisions of all applicable
re9trictive covenants and utltity easements of record, if nny; and 206 ad valorem taxes.
VIRTNBSS WHEREOP, the Grantor has duly examstod the foregoing at of the day ear I t wrirtcn.
`N D kc n r
(Enti ) LlSonel L,. YvH
By:
Title; Ma lier Connie S.'Yow
Henry B. Miller„}r.
By
Titie: John Elmore, iI
By:
Title:
State of North Carolips COUNn 01
I certify that the tbllowing persons) personally appeared before me this day, each wknowledging to me that he tx she voluntarily
signed the foregoing docurnent for the purpose stated therein aad in the capacity indlca4ad 1? ell
aS member/manager of Duke Gene, LLC, and that he signed this instrument
as the act and deed of the limited li, ility Ompany.
WITNESS my hand and Notarial ,temp or seal, this 2&, dad of ,
„ttpuµ uq,,p,i`
My Commission Expires: 7 '�ri �T�T1}v+l�4rrintod Name �GI,pi% . Nfltsry Public
$tatc of North =
COUNTY Op =anay&1f 's A L�� e
,yam UB f €
1, the understped Notary Public of the County 06064id, certify that LAMIL Ymer and COgnk Say2Y -
personaily appeared before me this day and acknowledged the duo execution ofthe fbreping ht turnent for the purposes tbereir expresaed.
Wi 1ZJE5S my hand and Notarial stamp ar r+eal, this day of ,2006.
0,4,,,u.an,Nc/tary Public
,,,
My Commboion Explms:
c -
iQW$4464.00("111C Sa A:soeietim Perm Na, 3 01916, ttVV*4 a 1977,1002
Nnted by AgmTncnt with the NC Bar Asreciadid, -19E1

JUN-05-2006 11:25 FROM;
7O:910 256 3377 P.4
State of North Carolina - County of _ f ", L16 ' — _
1, the undersigned Notary Public of the County and State aforesaid, certify that oh
EIMM.1[ _ personally appeared before me this day and acknowledged the due execution of the
foregoing inTTent for the purposes therein expressed. Witness my hand and Notarial stamp or
seal this day of a 20&.
My Cornrnissiou Expires U
Notary Public
�+Iµp1 rMl1/II rrr,N,/
Y
/"/rhnrp pH"0

JUb 4-05-2006 11: 25 FROM.
TO:910 256 3377 P.5
Exhibit "A."
Conveying any and all common areas as recorded in Map Book 47
at Page 289 and Map Book 47 at Page 374 in the New Hanover
County Registry, together with any and all easements as shown on
said plats,

01
tiiuhn
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax:
_ Parent --
Parcel Identifier NoR05017-001-003-000Jerified by County on the day of , 20_
By:
Mail/Box to:
This instrument was prepared by: Yow,Fox& Manners, PO Box 479, Wilmington, NC 28402 -_
Brief description for the Index:
THIS DEED made this day of
GRANTOR
Duke Gene, LLC
A North Carolina Limited Liability Company
and
Lionel L. Yow and wife, Connie S. Yow
and
John A. Elmore, ll, Unmarried
2006, by and between
GRANTEE
Duke -Racine Properly Owners Association, Inc.
Address: 1111 Military Cutoff Rd
Suite 151
Wilmington, NC 28405
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of Eand situated
in the City of Wilmington, 'township, New Hanover County, North Carolina and more particularly described
as follows:
See Attached Exhibit "A"
The property hereinabove described was acquired by Grantor by insu•ument recorded in Book
page
A map showing the above described property is recorded in flat Book 47 page 289& 374
100054464.1)OC)NC Bar Association Rum No. 3 © 1976, Rcviscd O 1977, 2002
Printed by Agreement wilt 11fc NC liar A.ssociatiun - 1981

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee
in fee simple.
And the Grantor covenants with tine Grantee; that Grantor is seized of the premises in fee simple, has tite right to convey the same in
fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against
The lawful claims of all persons whomsoever, other than the following exceptions:
The provisions of all applicable zoning and land use ordinances, statutes and regulations; the provisions of all applicable
restrictive covenants and utility easements of record, if any; and 2006 ad valorem taxes.
By:
By:
By:
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
Duke Gene, LLC
(Entity Name)
Title: Member Manager
1{enry E. Miller, Jr.
Title:
"Title:
State of North Carolina COUNTY OF
L
Lionel L. Yow
(SEAL)
Connie S. Yow
John A. Elmore, [I
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily
signed the foregoing document for the purpose stated therein and in the capacity indicated Henry 11. Miller, Jr.
WITNESS my hand and Notarial stamp or seal, this day of 12006.
Niv Commission Expires:
State of North Carolina
COUNTY OF
Notary Public
Printed Name: . Notary Public
1, the undersigned Notary Public of the County and State aforesaid, certify that Lionel L. Yow and Connie S. Yow
personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and Notarial stamp or seal, this day of March_,2006.
Notary Public
My Commission Expires:
100054464.DOCjNC Har Association Form No. 3 �D 1976, Revised' 1977. 2002
Printed by Agreement wish the NC Bar Association - 1981

State of North Carolina - County of
1, the undersigned Notary Public of the County and State aforesaid, certify that John A.
Elmore, II personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or
seal this day of , 20_.
My Commission Expires:
Notary Public

Exhibit "A"
Conveying any and all common areas as recorded in Map Book 47
at Page 289 and Map Book 47 at Page 374 in the New Hanover
County Registry, together with any and all easements as shown on
said plats.

1111111111111110111
5024660
FOR REGISTRPTION REGISTER OF DEEDS
REBECCA P. SMITH
NEW HANOVER COUNTY, NC
2005 MAY 10 02:46:20 FM
BX:4798 RG:986-990 FEE: 23.00
FIRST AMENDMENT TO
DECLARATION OF PROTECTIVE COVENANTS
OF DUKE-RACINE BUSINESS CENTER
Prepared by: Jerry A. Mannen, Jr., Yow, Fox &Mannen, LLP, 102 N. Fifth Avenue
Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Heturneo 1 o:
J.C. Hearne, II
THIS AMENDMENT TO THE PROTECTIVE COVENANTS OF DUKE-RACINE
BUSINESS CENTER made and entered into this the i'', day of MrN ,2005,
by and between JOHN A. ELMORE, I1, LIONEL L. YOW and wife, CONNIE S. YOW,
and DUKE GENE, LLC, a North Carolina limited liability company, hereinafter referred
to as "Declarant".
WITNESSETH:
WHEREAS, Declarant created Duke -Racine Business Center by recording �a��
Declaration for Duke -Racine Business Center in Book 4758r at Page 207 in the Office of
the Register of Deeds of New Hanover County, North Carolina (the "Declaration"); and,
WHEREAS pursuant to the provisions of the Protective Covenants and the
Reservation of Rights under Articles 13 and 20 of the Protective Covenants, Declarant
has the right andpower to amend the Declaration to add additional property to the
Development and bring such properties within the coverage and operation of the
Protective Covenants.
NOW, THEREFORE, pursuant to the provisions of Articles 13 and 20 of the
Protective Covenants, the Declarant does hereby amend the Declaration recorded in
Book 4758, Page207 of the New Hanover County Registry as follows:
1. By Amending Article 1 section "H; and, Article 2 to add additional ropp�erty and
make the restrictions applicable to all those tracts of real property recorded in 1vlap Book
47_ _ Page V4 61 the New Hanover County Registry.
2. By amending Article 15 section Q paragraph 8 to correct a typographical error.
Q Section , paragraph 8 and replacing the same with the following:
8. Declarant reserves the right to recalculate the maximum allowable built
-1-

upon area in accordance with the stormwater runoff rules and regulations of the State of
North Carolina. All drainage swales or patterns used to treat stormwater runoff as
required by the State of North Carolina may not be filled in, piped or changed without
the consent of the Declarant, it's designee, the Association or t�1e State of North
Carolina and shall be maintained as set forth in Section U below and Articles 4, 5, and 7.
$.sub
3. ,By Amending Article 15 to add a new section "V" as follows:,
V. Limited Use: No improvement on Lot 5 as shown on the plat recorded in
Map Book 47 at Page 374 _ shall be used for a motel, hotel, or other guest
quarters.
The purpose of this Amendment is to add additional properties to Duke -Racine
Business Center so as to make them a part of the Development After amendment, Duke -
Racine Business Center will consist of six (6) lots as shown on the maps recorded in Map
Book 47 8 at Page 207 and Map Book 47 at Page 374 of the New Hanover
County Registry; and, to further restrict tEe uses availa-Ele—to-loot 5 recorded in Map
Book 47 at Page _3I4 Except as specifically amended or modified by this
Amen ment all of the terms, covenants, conditions and provisions of the Declaration
shall be and remain in full force and effect and shall apply to the Lots and Common
Areas created hereby.
IN WITNESS WHEREOF, the Declarant,
wife, Connie S. Yow, and Duke Gene, LLC have
executed the day and year first above written. DUKE GENE, LLC
By:
en . Miller, Jr., Tonager
John A. Elmore, II, Lionel L. Yow and
caused this instrument to be properly
JOHN A. ELMORE, II
Jo A. mare, II
M;i
By LionM L. Yow
CONNIE S. YOW
By:
Connie S. Yaw
-2-

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, MC,CS k'0- K/- - C' "'` 0-r fi A NotaryPublic for said County and State do
hereby certify that enry E. Miller, Jr. , Manager of Duke Gene LLC, a limited liability company,
personally appeared before me this day and acknowledged the due execution of the foregoing
instrument o of the company.
� Y hand and official stamp or seal, this °� day of hAf-,42005.
0
SAR y► '. : c
i I Notary Pubis
U B �G
M Qp"t, * issi res: z
oleo
�N0 UER C��*'
Y.,y..M
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, m 0"rs k0- K • �'^r�r`t , a Notary Public in and for the State and
County aforesai o certifytat John A. more, II personally appeared before me this day and
acknowledge the due execution of the foregoing instrument.
hand and official seal this _ day of Y►'.
2 0 0 55 /10-- - - - - - A .
NoraRr
��.•.pUBLIC �'_�
My CW�• ,es: -A -a9
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IC
Notary Piuibils
a Notary Public in and for the State and
Countyaforesaid, do certify that Lionel L. ow personally appeared before me this day and
acknowledge t4o4ffeWA4ution of the foregoing instrument.
K.
• and and official seal this T�day of
zoo. t A
#oT ar
t pU9��
My
-3-
IC
Notary Pu lie

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, ry\ 61C S� Y- - C.1""f , a Notary Public in and for the State and
County aforesai , do certify that Connie S. Yow personally appeared before me this day and
acknowledge the due execution of the foregoing instrument.
2005
My
hand and official sea] this J `day of a
�gNA K: rtoryq''
2 -.2
-4-
Notary Public

1111111101111
2005018917
FOR REGISTE2TION REGISTER OF
R€BEC" P. SMITH
NEW HANOVER COUNTY, NC
2005 APR 13 04:28; 44 PAS
0K ; 4758 PG : 207-230 FEE; a80.
MIMNI # NNW
DECLARATION OF PROTECTIVE COVENANTS
OF DUKE-RACINE BUSINESS CENTER
Prepared by: Jerry A. Man nen, Jr., Yow, Fox & Mannen, LLP, 102 N. Fifth Avenue
Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW I-IANOVER
Will
0T ESE PROTECTIVE COVENANTS, made and entered into this the day of
4, ,2oo5, by and between JOHN A. ELMORE, IT.,LIONEL L. YOW and
wi e, CONNIE S. YOW, and DUKE GENE, LLC a North Carolina limited liability
company, hereinafter referred to as "Declarant.
WITNESETH:
DEEDS
00
WHEREAS, Declarant is the owner of a certain tract of real properly located in
New Hanover County, North Carolina, and being more particularly shown and described
on that certain map recorded in Map Book 47, Page 2$9 in the Off ce of the Register of
Deeds of New Hanover County, reference to said plat being hereby specifically made;
and
WHEREAS, Declarant proposes to sell and convey certain lots or sections within
the tracts above -described to be used for commercial purposes and to develop said lots,
and additional property which may be acquired by Declarant, into a planned commercial
community; and
WHEREAS, Declarant desires to impose upon such lots certain mutual and
beneficial restrictions, covenants and conditions and charges (hereinafter collectively
referred to as "Restrictions") for the benefit and complement of all of the lots in the
subdivision in order to promote the best interests and protect the investments of
Declarant and each owner.
NOW THEREFORE, Declarant hereby declares that all real roperty described in that
map recorded in Map Book 47, Page 2$9 in the office of the I�egister of Deeds of New
Hanover County North Carolina, and any additional property as may by subsequent
amendment be added to and subjected to these Protective Covenants, are held and shall be
held, conveyed, encumbered leased, rented, used, occupied and improved subject to these
Protective Covenants and to tie following Restrictions. These Protective Covenants and the
Restrictions shall run with the land and shall be binding on all parties having or acquiring
any right, title or interest in and to the real property or any part or parts thereof subject to
-1-
RETMN TO: CAI.DER & CALDER, ArroRNEVS

these Protective Covenants,
ARTICLE 1
DEFINITIONS
As used herein,
A. "Articles" means the Articles of Incorporation of Duke -Racine Property
Owners Association, Inc.
B. "By-laws" mean the By-laws of the Duke -Racine Property Owners
Association, Inc.
C. "Common Areas" means all real and personal property,, owned by the
Corporation or hereafter deeded to the Corporation for the common enjoyment of the
members of the Corporation and shall specifically include the retention pond and
surrounding area located on the property which is shown as "Stormwater Pond",
"Maintenance Access", "Drainage Easement"; and, as "Access, Drainage, and Utility
Easement" on that certain Plat entitled Division of Property for Declarants as referred to
above. Said common properties or areas shall be maintained by the Corporation.
D. "Common Expenses" means and includes actual and estimated expenses of
maintaining and operating the Common Elements and Areas and operating the
Corporation for generalpurposes, including any reasonable reserve and specifically
including expenses associated -with maintenance of the storm water and sewer systems in
the Development, all as may be found to be necessary and appropriate by the Board of
Directors pursuant to these Protective Covenants the BY-I"aws and the Articles of
Incorporation of the Corporation and as more specifically defined in Article 6 herein.
F. "Corporation" means Duke -Racine Property Owners Association, Inc., a
North Carolina non-profit corporation. The "Board of Directors" or "Board" shall be the
body governing the Corporation and managing the affairs of the Corporation.
G. "Declarant" means John A. Elmore, II Lionel L. Yow and wife, Connie S. Yow,
and Duke Gene, LLC, a North Carolina limited liability company, their successors or
assigns.
H. "Development" means those tracts of land described in that certain map
recorded in Map Book 47, Pa�e 289 all of the New Hanover County Registry and also being
referred to as uke-Racine usiness Center or Racine Drive Commercial Subdivision.
1. "Lot" means a separately numbered tract or section of land lying within the
Development which ma be conveyed by the Declarant and owned in fee simple by the
Grantee thereof and he�d for such uses as are consistent with these Protective
Covenants and tie Restrictions covering the area wherein the tract is located. The
Owner of all of a numbered Lot may combine such numbered Lot part or arts of
another such numbered Lot and the aggregate shall be considered as one Lot for the
purpose of these Protective Covenants.
J. "Owner" shall mean or refer to the record owner, whether one or more
persons or -entities, of a fee simple title to any Lot or other real property within the
Development.
K. "Stormwater Permit" shall mean or refer to State Stormwater Permit #
SW8 050304 issued by the North Carolina Division of Water Quality (DWQ),
Department of Environment and Natural Resources (DEHNRJ.
-2-

L. "Storm Water Pond, Retention Pond or Pond" shall mean that area
designated and shown on that Plat recorded in Map Book 4'7 at Page 289 in the Office of
the Register of Deeds in New Hanover County.
ARTICLE 2
APPLICABILITY
These Restrictions shall apply to all those tracts of real property, in that map
2ti
recorded in Map Book 47, Page 9 of the New Hanover County Registry and to all
those Lots or sections which are or shall be created from those Tracts.
ARTICLE 3
CORPORATION
A. A Corporation named Duke -Racine Property Owners Association, Inc., has
been formed pursuant to the rules and requirements of the Nonprofit Corporation Act
(Chapter 55AJ of the General Statutes of North Carolina as an association of the Owners of
Lots. Its purposes are to own, manage, maintain, and operate the Common Areas and
facilities located upon the Common Areas; to enforce the restrictions contained herein; and
to make and enforce rules and regulations governing the Owners' use and occupation of
Lots; and to maintain the storm water systems located within the Development.
B. Each Owner of each Lot section or other real property within the
Development shall be a member of the Cor)oration. The Declarant, by these Protective
Covenants, and the Owners of individual Lots by their acceptance of individual deeds
thereto, covenant and agree as follows:
1. That for so longas each is an Owner of a Lot or real propertywithin the
Development, each will perform all acts necessary to remain in good and current
standing as a member of the Corporation;
2. That each Owner shall be subject to the rules and regulations of the
Corporation with regard to ownership of a Lot or other real property within the
Development; and
That any unpaid assessment whether general, special or individual
levied by the corporation in accordance with these`Protectiveovenants, the Articles or the
EBy-laws shall be a lien upon the Lot or land upon which such assessment was levied, and
ll be the personal obligation of the Owner of the Lot or other real property at the time
the assessment fell due.
C. Each membership in the Corporation shall relate to and have a unityof
interest with an individual Lot or other real property owned within the Development which
may not be separated from ownership of said Lot or other real property owned within the
Development.
D. The Corporation shall have two classes of voting memberships.
(a) Class "A'. Class "A" Members shall be all Owners except the Class
"B" Member, if any. amass "A" Members shall have one(i) vote for each Lot in which
they hold the interest and shall be entitled to one (1) vote for each Lot owned.
(b) Class "B". The sole Class "B" Member shall be the Declarant. Class
"B" Member shall be ent—i eTto three (3) votes for each Lot owned. The Class "B"
membership shall cease and be converted to Class "A" membership on December
31, 2oo6.
-3-

E. The affairs of the Association shall be managed by a Board of Directors, the
number, qualifications term and method of election of which shall be as provided From
time to time by the By-laws of the Corporation; and provided, further that the number of
members of the first Board of Directors shall be three (3,; and, provided, finally that,
notwithstanding any of the foregoing, so long as the Dec arant, owns any of the Pots in
the Development but in any event, not longer than December 3i., 2oo6, the Declarant
shall have e right to designate and select the persons who sha l serve as members of
each Board of Directors of the Corporation who need not meet the qualifications for
directors'as provided by said By-laws or herein.
ARTICLE 4
MANAGEMENT AND ADMINISTRATION
The managementand administration of the affairs of the Corporation shall be the
sole right and responsibility of the Corporation. The management shall be carried out in
accordance with the terms and conditions of these Protective Covenants, the Articles
and the By-laws of the Corporation, but may be delegated or contracted to managers or
management services.
ARTICLES
COMMON AREAS/ELEMENTS
The Association shall at it's sole cost and expense be responsible for the operation
and maintenance of the Storm Water Pond and surrounding area and other common
areas from the date of this Agreement, whether or not (i) such Common Element has
actually been deeded the Association or (ii) any permit issued by a governmental agency
to Declarant for the construction and operation of the Common Element has been
transferred from the Declarant to the Association or assumed by the Association. If the
Declarant is required b any government agency to provide any operation or
maintenance activities to a Common Element which the Association is liable to perform
such operation and maintenance pursuant to this section, then the Association agrees to
reimburse the Declarant the cost of such operation and maintenance within thirty (30)
days after Declarant renders a bill to the Association therefor. The Association agrees to
levy a Special Assessment to cover the amount of such bill if it does not have sufficient
funds available. Declarant shall be entitled to specific .erformance to require the
Association to levy and collect such Special Assessmen
ARTICLE 6
PROPERTY RIGHTS IN THE COMMON AREA/ELEMENTS
A. Menihers' Easements of Enjoyment. Subject to the provisions of Section C
of this Article , every Member shall have a- right and easement of enjoyment in and to
the Common Properfies, including rights of access, ingress and egress to and from
public streets and walkways in areas specifically designated for such purposes, if any;
such easement shall be appurtenant to and shall pass with the title to every Lot.
B. Title to Common Pro erties. The Declarant shall relinquish the legal title
to the Common roperties tote corporation at the time of the conveyance of the Last
Lot or at such earlier date as may be determined by the Declarant. Said conveyance shall
be fee simple title to the said propertX, subject to the perpetual right of way and
easement for access, ingress, egress, drainage and utilities to and from said areas for
Declarant it's successors and assigns; Notwithstanding this fact, Declarant reserves the
right, un@ such time as Declarants right to annex additional properties expires, to go
upon the Common Properties for the purpose of constructing common use amenities
thereon. Nothing contained herein shall obligate Declarant to construct any such
amenities, Furthermore, Declarant reserves for the benefit of Declarant, and for the
-4-

benefit of the Association and the owners of all Lots, the ri lit to utilize all drainage
ways, retention ponds and similar common facilities and utilities for the benefit of all of
the property described in herein.
C. Extent of Members' Easements. The rights and easements of enjoyment
created hereby—s-h—aff be subject to the following:
(i) the right of the Association, in accordance with its Articles of
Incorporation and By -Laws, to borrow money for the purpose of improvin the
Common Properties and in aid thereof to mortgage said properties, but not for the initial
construction of said improvements which are Dectarant's responsibilities. In the event
of a default upon any such mortgage the lender's rights thereunder shall be limited to a
right, after taking possession of such properties, to charge admission and other fees as a
condition to continued enjoyment bylhe members and, if necessary, to open the
enjoyment of such properties to a wider public until the mortgage debt is satisfied,
whereupon the possession of suchproperties shall be returned to the Association and all
rights oTthe Members hereunder shalibe fully restored;
(2) the right of the Association to take such steps as are reasonably necessary
to protect the above -described properties against foreclosure;
{3} the right of the Association, as provided in its Articles of Incorporation and
By -Laws, to susPend the voting rights of any.member for any period during which any
assessment remains unpaid, and for any pepod not to exceed sixty (60) days for any
infraction of its published rules and regulations;
(4) the right of the Association to dedicate or transfer all or any part of the
Common Properties to any public agency, authority, or entity for such purposes and
sub'ect to such conditions as may be agreed to by the Members, provi ed that no such
dedication or transfer, determination as to the purposes or as to the conditions thereof,
shall be effective unless an instrument signed by Members entitled to cast not less than
two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to
such dedication, transfer, purpose or condition, and unless written notice of the
groposed agreement and action thereunder is sent to every Member at least thirty (30)
ays in advance of any action taken.
ARTICLE 7
COMMON EXPENSES
The Common Expenses of the Development include:
A. All amounts expended by the Corporation in o erating, administerin
maintaining, managing, repairing, replacingg and improving he Common Areas of the
Development including compliance with alrterms and conditions of governmental
ermits affecting the subdivision; all amounts expended by the Corporation in insuring
he Common Areas in the Development, specifically including the Storm Water Pond; all
amounts expended by the Corporation in legal, engineering, or architectural fees; all
similar fees which may be incurred by the Corporation from time to time in erforming
the functions delegated to the Corporation by these Protective Covenants; all amounts
for a reasonable reserve; and all amounts expended in an form by the Corporation in
enforcing these Protective Covenants, the Articles or the By-laws. Common expenses
shall specifically include all expenses associated with the maintenance of the slormwater
and sewer systems including, but not limited to, all drainage areas, easements and
infiltration ponds within the Development.
B. All amounts expended by the Corporation in carrying out any duty or
discretion as may be required or allowed by these Protective Covenants, the Articles or the
By-laws.
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C. All amounts declared to be Common Expenses in the By-laws or in these
Protective Covenants.
D. All taxes and special assessments which may be levied from time to time by
any governmental authority upon the Common Areas in the Development.
ARTICLE 8
GENERAL ASSESSMENT
A. The Declarant for each Lot or other real roe owned and platted as art
of the Development, hereby covenants and each Owner of -any Lot by acceptance of a deed
for same (whether or not it shall be so -expressed in such deed) is deemed to covenant and
a ree to pay to the Corporation general assessments or charges as hereinafter provided.
eneral assessments are assessments for the Common Expenses of the Corporation. The
general assessments together with interest, costs, late fees and reasonable attorneys' fees,
shall be a charge a2lien on the land and shall be a continuing lien upon the real roperty
against which each such assessment is made. Furthermore, each such assessment, ogether
with interest, costs, late fees and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the owner of the Lot or other real property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall not
pass to a successor in title to a Lot or other real property unless express] assumed b them
but, subject to the provisions of these Protective Covenants, delinquent assessments shall
continue to be a lien upon such Lot or other real property.
1. Within thirty (30} days of the establishment of the general assessment,
notice of the general assessment shall] be given to all members. After the initial notice of
assessment, the assessment shall become due and payable within thirty (30) days or as
otherwise provided by the Board of Directors.
2. Except as provided in Secti
Expenses shall be assessed a ainst each Owner
upon area per lot in square feet as compared to
the Development as provided in Article 15, Sect
Each Lot in the Development shall share equal]
Development so that the percentage of liability
each Lot shall be proportionate to the total bull
relation to the total built upon square footage c
n 3 below and Article 12, all Common
f any Lot based upon the total built
he total built upon area of all the lots in
)n p, Stormwater Runoff Regulations.
in t7�e Common Expenses of
)r the Common Expenses allocated to
upon square footage of each Lot in
aII the Lots within the Development.
3. Any Common Expenses associated with the maintenance, repair,
replacement or services provided by the Corporation to an individual Lot or Lots at the
request of the Lot Owner(s) shall be assessed a ainst the Lot(s) which benefits from the
service, maintenance repair or replacement. If a Common Expense is caused by the
misconduct of a Lot dwner, the Corporation may assess that expense exclusively against
such Lot owner; or, if there is any expense directly attributable a particular Lot by
virtue of activities or construction upon such Lot, the Corporation may assess such
expense exclusively against such Lot.
B. The general assessments levied by the Corporation shall be used
exclusively to improve, maintain, insure and repair the Common Areas, topay the
expenses of the Corporation, to pay the cost of any insurance the Corporation
determines to purchase and to promote the recreation, health, safety and welfare of the
members, to pay taxes levied upon the Common Areas and for the purposes set forth in
Article 7 herein.
C. The Corporation shall upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Corporation setting forth whether the
assessments on a specified Lot have been paid. A properly executed certificate of the
Corporation as to the status of assessments on a lot is binding upon the Corporation as
M

of the date of its issuance.
D. The lien of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien.
However the sale or }ransfer of any Lot pursuant to foreclosure of a first mortgage, shall
extinguisl the lien of such assessments as to payments which became due prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
E. Declarant shall be exempt from the payment of the general assessment fee
for an unsold Lot(s) which are platted of record iThe office of the Register of Deeds of
New Hanover County, during the period ending December 31, 2006.
F. At the time title is conveyed to an Owner by Declarant, each Owner shall
contribute to the Corporation as working capital an amount equal to Two Thousand Five
Hundred ( 2 oo.od) Dollars. Such funds shall be used for initial operatin� and capital
expenses o tl'ie Corporation, such as prepaid insurance, supplies, and the ommon
Areas and facilities, furnishings and equipment, etc. Amounts paid into the working
capital fund are not to be considered as advance payment of regular assessments. All
working capital funds shall become part of the general operating and reserve funds of
the Corporation.
G. The general assessments provided for herein shall commence on the date
of conveyance of each Lot to an Owner other than Declarant. The first general
assessment shall be adjusted according to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of the general assessment
a ainst each Lot at least thiM (30) days in advance of each general assessment period.
'V�ritten notice of each generat assessment shall be sent to ever Owner sub'ect thereto.
The due dates shall be established by the Board of Directors. a Board of Mrectors
shall require the general assessments to be paid at least annually, but may require the
general assessments to be paid more often. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of tl'ie Association setting
forth whether the assessments on a specified Lot have been paid.
ARTICLE o
SPECIAL ASSESSMENTS
Special assessments may be levied against Lots or other real pro�pperty for such
reasons as are provided in these Protective Covenants, the Articles or tFie By-laws and on
such terms as provided by the Board of Directors or the members. The Declarant for
each Lot of other real property owned and platted as part of the Devela ment hereby
covenants and each Owner o an Lot by acceptance of a deed for same (whet)'ier or not
it shall be so expressed in such deed) is deemed to covenant and agrrees to pay to the
Corporationspecial assessments or charges as hereafter prorated.'1'he speci
assessments, oggether with interest costs late fees and reasonable attorneys fees, shall
be a charge and7ien by the land and shall �e a continuing lien upon the Lot(s) against
which each assessment is made. Furthermore, each such assessment together with
interest, costs late fees and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the owner of the Lot or other real property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to a successor in title to a Lot or other real property unless expressly assumed
by them but, subject to the provisions of these Protective Covenants, delinquent
assessments shall continue to be a lien upon such Lot or other real property.
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ARTICLE io
INDIVIDUAL ASSESSMENTS
Individual assessments may be assessed against specific Lot(s) or property. In the
event an Owner fails to comply with the provisions of these Protective Covenants the
Articles, By-laws or Rules and- Regulations of the Corrp�oration, the Corporation, through
its Board of Directors, may perform such required task or remedy such matter, or assess
a fine for'such failure to comply and may levy the cost of such fine, performance, or
remedyy against the Owner( sand the Owner's property as an individual assessment.
The in assessments, together with the special assessments, together with
interest costs, late fees and reasonable attorneys fees, shall be a charge and lien by the
land anA shall be a continuing lien upon the Lots) against which each assessment is
made. Furthermore, each such assessment, together with interest costs, late fees and
reasonable attorneys' fees shall also be the personal obligation ofthe person who was
the owner of the Lot or ogler real property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to a successor in title to a
Lot or other real property unless expressly assumed by them but, subject to the
rrovisions of these otective Covenants, delinquent assessments shall continue to be a
lien upon such Lot or other real property.
ARTICLE 1i
LIEN FOR ASSESSMENTS
Any eneral, special or individual assessment, if not aid within thirty (3o) days
after the dare such assessment is due, together with interest at the maximum rate
allowed bylaw, costs of collection court costs, late fees and reasonable attorneys fees
shall constitute a lien against the Lt upon which such assessment is levied. The
Corporation may record notice of the same in the Office of the Clerk of Superior Court of
New Hanover County or file a suit to collect such delinquent assessments and charges.
The Corporation ma file Notice of Lis Pendens bring ring an action at law against the
Owner personally mg file
to pay t�same anc�Jor bring an action to foreclose the lien
against the Property No Owner may waive or otherwise escape liability for the
assessments provided for herein.
ARTICLE 12
COMPLIANCE WITH THESE PROTECTIVE COVENANTS THE ARTICLES
AND THE BY-LAWS OF THE CORPORATI6N
In the case of failure of an Owner or his agents, lessees, employees, licensees,
invitees, to comply with the terms and provisions contained in these Protective
Covenants, the Articles, Bylaws or the Rules and Regulations of the Corporation, the
following relief shall be available:
A. The Declarant, its successors and assigns the Corporation, an aggrieved
Owner or Owners within the Development on beha ofthe Co oration, or any Owner
on behalf of all the Owners within the Development shall have the right to enforce by
any proceeding at law or in equity, all of the conditions, covenants and restrictions of
these Protective Covenants and the Articles, By-laws and Rules and. Regulations of the
Corporation and bring an action and recover sums due damages, injunctive relief,
and/or such other and further relief as maybe just and' a propriate. The Corporation
shall be entitled to recover all costs, including attorneys ees if it is the prevailing party.
B. The Corporation shall have the right to remedy the violation and assess the
costs of remedying same against the offending Owner as an individual assessment.
C. If the violation is the nonpayment of any general, or special or individual

assessment, or failure to comply with these Protective Covenants, the Articles, or By-
laws, the Corporation shall have the right to suspend the offending Owner's voting r2 hts
and the use by such Owner, his agents, lessees, employees, licensees and invitees of t e
Common Areas in the Development for any period during which an assessment against
the Lot remains unpaid. If the violation is the infraction of the Corporation's published
Rules and Regulations, the Corporation shall have the ri tit to suspend the offending
Owner's voting rights or the use by such Owner, his ageni s, lessees employees, licensees
and invitees of the Common Areas of the Development for a period not to exceed sixty
(bo) days.
D. The Corporation may establish a schedule of penalties and fines for the
violation of these Protective Covenants, the Articles, By-laws and Regulations. If the
Owner does not pay the fine within fifteen (1 ) days the fine shall be an individual
assessment against Owner's Lot(s) and may De enforced by the Corporation in
accordance with Article 10 herein.
E. The remedies provided by this Article are cumulative, and are in addition
to any other remedies provided by law.
F. The failure of the Corporation or any person to enforce any restriction
contained in these Protective Covenants, the Articles or the By-laws shall not be deemed
to waive the right to enforce such restrictions thereafter as to the same violation or
subsequent violation of similar character.
ARTICLE 13
PROPERTY RIGHTS OF LOT OWNER- CROSS -EASEMENTS
AND EXCEPTIONS AND RESERVATIONS BY DECLARANT'
A. Every Owner of a Lot or other real_�pproperty within the Development, as an
appurtenance to such Lot, shall have a perpetuareasement over and upon the Common
Areas within the Development for each and every purpose or use to which such Common
Areas were intended as determined by their type, or for which such Common Areas .
enerally are used. Such easements shall be appurtenant to and shall pass with the title
o every Lot located within the Development, whether or not specifically included in a
deed thereto, subject to the following provisions:
1. The Corporation shall have the right to
Owner and the use by such Owner his agents, lessees, eml
of the Common Areas within the Development for any pen
assessment against such Owner's property remains unpaid
lessees, employees licensees, and invitees fail to comply w
the Articles, or By-laws of the Corporation. The Corporatit
suspend the voting rights of an Owner and the use by such
em loyees licensees, and invitees'of the Common Areas fi
(bob days t'or any infraction of the Corporation's Rules anc
his agents, lessees, employees, licensees and invitees.
suspend the voting n hts of an
odyd
to ees, licensees andinvitees
unngg which any due
or such -Owner, his agents,
,th these Protective Covenants,
n shall also have the right to
Owner, his a ems, lessees,
>r a period noll to exceed sixty
Regulations by such Owner,
2. The right of the Corporation to dedicate or transfer all or part of the
Common Area to any public agency, authority, or utility for such purposes and subject to
such conditions as may be agreed fo by the Corporation;
3. The right of the Corporation to formulate, publish and enforce rules
and regulations for the use and enjoyment of the Common Area and improvements
thereon, which regulations may further restrict the use of the Common Area and the right
of the Corporation to establish penalties and fines for any infractions thereof.
4. The ri ht of the Co oration, in accordance with its Articles and By-
laws, to borrow money for purpose opf improving the common area and facilities and
carrying out its maintenance responsibilities and in aid thereof to mortgage said
In

property, and the rights of such mortgages in said properties shall be subordinate to the
rights of the Owners hereunder. The storm water retention pond or pond; and, the North
Carolina Department of Environment and Natural Resources stormwater permit # SW
SWS 050304 shall be transferred to the Corporation and the Corporation shall ace�pt
conveyance of the same and the Corporation is vested with all maintenance rights and
obligations associated with said permit and all duties, obli ations, rights and privileges
under any water, sewer, storm water and utility agreemens and permits for the pon� and
Common Areas with municipal or overnmental agencies or public or private utility
companies shall be the duties, righTs, obligations, privileges and the responsibility of the
Association, notwithstanding that such agreements, easements or permits have not been
assigned or the responsibilities thereunder specifically assumed by the Association.
There are additional provisions made in this Agreement concerning storm water facilities
and the Stormwater Permit.
To the extent as may be allowed by Division of Water ualittyy ((DW }and
North Carolina Department of Environment and Natural Resources%EHNR), Declarant
does hereby assign, and the Owners and the Association does hereby accept assignment
of such agreements, easements and permits.
B. The Corporation hereinafter may grant easements for utility and other
Lroper purposes for the benefit of the Development and the property now or hereafter
ocated -thereon, over, under, alongland through the Common Areas. Provided however,
that no such grant of easement sha 1 have a material adverse effect on the use,' enjoyment
or value of any Lot.
C. Declarant shall have the ri
or Owners, to bring within the cc
rots additional properties as may
l within a one (1) mile radius of a;
may contain such corn
restrictions contained
in the sole judgment
added properties and
Protective Covenants.
t, at its election, without the consent of any
!rage and operation of these Protective
eveloped in the tuture, which real property is
ljaeent to and contiuous with the
orized hereby shall Fie made by filmy -of
of New Hanover County, North Carolina, a
:Hants with respect to the additional
id effect of the covenants and restrictions of
i1 prope The Supplemental Declaration
and modcations of the covenants and
venants as may be necessary or appropriate
of the Declarant to reflect the different character, if any, of the
as are not inconsistent with the plan, intent and spirif of these
t the
to si
ive
D. The rights reserved by Declarant herein and all annexed Sections include
the right to change, alter or designate roads, utility and drainage facilities and easements,
and to change, alter or redesignate such ther present and proposed amenities or
facilities as may in the sole ju gment of the Declarant, be necessary, or desirable, except
that the Declarant shall have no right to change, alter or redesignate the character of the
use of the Lots within the Development.
E. Easements and rights of way over and upon the rear, front and side of each
Lot for drainage or the installation and maintenance of utility services or other proper
purposes, as shown on the subdivision map recorded in Map Book 47, Page 289 shall be
reserved exclusively to Declarant for such purposes as Declarant may deem incident and
appropriate to its overall development plan, such easements and rights of way are
reserved in the deed for each particular Lot or section affected by such easements or
described in the plat of the particular Lot or section. The easements and right of way
areas reserved by Declarant pursuant hereto shall be maintained continuously by the
Owner but no structures, plantings or other material shall be placed or permitted to
remain upon such 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 without the approval of the Declarant.
improvements within these areas also shall be maintained by the respective Owner
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exceppt those for which a public authority or utility company is responsible. The Declarant
shalt have no maintenance responsibilities for such easement areas.
F. An easement is hereby granted to all police, fire protection, ambulance and all
similar ersons, companies or agencies performing emergency services to enter upon the
Lots ang Common Area in the performance of their duties.
G. An easement for the access, ingress, and egress is hereby ranted to serve
properties in the general area over, on, upon, through and across the Common Elements
designated Access, Drainage & Utility Easement".
H. An easement is hereby established over all Lots and Common Area for the
benefit of applicable governmental agencies for the setting, removing and readingg of
water meters, maintaining and replacing water, drain, and drainage facilities, nre
fighting, law enforcement, garbage collection and the Telivering of mail.
I. An exclusive easement is hereby established in favor of Declarant over all
Common Areas for access to adjacent properties for the purposes of future development
and the installation of streets and puic utilities, if any.
J. An easement is hereby established in favor of Declarant and the Association
for the installation and maintenance of drainage lines, water lines of all types, and any
other utilities located in the said "Access, Drainage, & Utility Easement".
K. All easements and rights described herein re easements appurtenant,
running with the land, and shall inure to the benefit of and be bindiqgg on all
undersigned, its successors and assi ns, and any Owner, urchaser, mortgagee and other
person having an interest in said land, or any part or po�on thereof reeggardless of
conveyance, or in any mortgage or trust deed or other evidence of Wigation to the
benefit of and be binding on the undersigned, its successors and assigns, and any Owner,
purchaser, Mortgagee and other person having an interest in said land, or any part or
portion thereof, regardless of whether or not reference to said easement is made in the
respective deeds of conveyance, or in any mortgage ar trust deed or other evidence of
obljgation, to the easements and rights escribe m these Protective Covenants.
ARTICLE 14
ARCHITECTURAL STANDARDS
The architectural control of construction within the Development is vested in the
Declarant, until such time as the Declarant no longer owns any portion of the pro erty
within the Development or when assivned to Corporation by Declarant, at which ime,
architectural control will be placed in fhe hands of the Board of Directors of the
Corporation and at which time, the Board of Directors shall assume the role of the
Declarant as set forth in this Article.
A. No construction, which term shall include within its definition clearing,
excavation, gradingg and other site work, shall take place except in strict compliance with
this Article, until Me requirements thereof have been fully met, and until the approval of
the Declarant has been obtained.
B. The Declarant shall have exclusive jurisdiction over all original construction
on any Lot and later changes or additions after initial approval thereof Gogether with any
modifications, additions or alterations subsequently to be constructed on any Lot or
made to any improvements initially approved.
C. No structures, buildings, or improvements all be commenced, erected, or
maintained upon the Properties, nor shall any exterior a��ition to or change or alteration
therein be made, in Judin change of color until the pans and specifications showing the
nature, kind, shape, eights, materials, and location o the same shall have been
submitted to andapproved in writing as to harmony of external design and location in
-11-

relation to surrounding structures and topography by
committee composed of three (3) or more represental
structures buildings and improvements shall include
fence, walf, sidewaCk, hedge, mass planting, change it
drainage canal, ditch, swale, catch basin sign,fla ppo
or marker, outdoor statuary exterior litasbtecuriity 1
facility, mailbox, screenin for outdoor cans or i
driveway, outdoor decoraive objects, shrubbery or la
Declarant, or by an architectural
ives appointed by the Declarant,
but nolbe limited to any building,
grade or slope, drainage pipe,
e exterior illumination, monument
ts, storm door, well utility
er purposes, sprinkler system,
idscaping.
D. The Declarant shall have the absolute and exclusive right to disapprove any
plans, specifications or details submitted to it in the event the same are not in accordance
with any of the provisions of these Protective Covenants and the architectural guidelines;
if the design, color scheme or location upon the Lot or Lots of the proposed
improvements are not in harmony with Ihe general surroundings or adjacent structures;
if the plans or specifications submitted are incomplet ; or in the event fhe Declarant
deems the plans, specifications or detail, or any part thereof, to be contrary, to the best
interests, welfare or rights of all or any part of the real property subject to these
Protective Covenants or the Owners thereof.
E. The Declarant shall approve or disapprove plans, specifications and details
submitted in accordance with its procedures and architectural guidelines and the
decisions of the Declarant shall be final and not subject to appeal or review. Provided,
however, that plans, specifications and details revised in accordance with the Declarant's
recommendations may be resubmitted for determination by the Declarant.
F. The Declarant, or its agent, shall have the right to inspect all construction
to ensure that it is performed in strict accordance with the approved plans, specifications
and details.
G. Nothing contained herein shall be construed to limit the right of an owner
to remodel the interior of his building or permitted pertinent structures, or to paint the
interior of the same any color desired.
H. Neither the Declarant nor the Board of Directors or any agent thereof shall
be responsible in any way for any defects in plans, specifications or details submitted,
revised or approved in accordance with the provisions contained herein or in the
guidelines, nor for any structural or other defect in any construction.
I. Owner shall be responsible to ensure that all constructions and structures
are built in accordance with all applicable federal, state and local statutes, ordinances,
regulations and rules.
ARTICLE 1s
LAND USE
Use of the Subdivision property and all improvements thereon shall be restricted
exclusively to those uses allowed fhe fable of permitted uses contained in the Zonin gg
Ordinance for the City of Wilmington for an RB Regional Business District Without
limiting the generality of the foregoin , the following use restrictions shall be maintained
and enforced with respect to the Subdivision and all parcels or Lots therein:
A. Building Requirements;
1. All buildings and structures must meet the requirements of the
respective governmental building codes applicable thereto.
2. Since the establishment of standard inflexible building setback lines
in location of buildings on Lots tends to force construction of overlays directly to the side
of other buildings with detrimental effects on rivacy, view, preservation of important
trees and other vegetation, ecological and rela led concerns, no specific setbacklines are
-12-

established by these Protective Covenants. In order to assure, however, that the foregoing
considerations are given maximum effect, the Declarant reserves the right to select the
precise site Location of each building or other structure on each Lot in its sole discretion
and to arrange the same in such manner and for such reasons as the Declarant deems
sufficient, provided however, the Declarant shall make such determination so as to
insure thaipthe deve'loprr}ent of the Lots subject to these PROTECTIVE COVENANTS is
consistent with the provisions set forth herein.
3. The following items shall be submitted to Declarant for review and
approval thereof prior to any construction or improvements to the Property.
a. Land Plan for the Property, including the following:
(1) Location and orientation of structure.
(2) Circulation:
a Traffic flow and parking.
Loading areas
Service areas
(3) Landscape and planting plan
b. Site Engineering Plan for the Property.
C. Architectural Plans for the Property including the following:
1 Building plans
2 Elevations
3 Specifications
Si ns
Exterior lighting
9 Dumpster Location and screening
4. All buildings shall be situated and constructed to the requirements
of the respective governmental rules and regulations applicable thereto.
S. Once construction of a dwelling or other improvements are started
on any Lot, the improvements must be substantially completed in accordance with the
approved Tans and specifications within twelve (12) months from commencement
unless Declarant otherwise approves in writing.
6. During construction of improvements on any Lot, adequate portable
sanitary toilets must be provided for the construction crew.
7. Construction activity on a Lot shall be confined within the
boundaries of said Lot. Each Owner shalT have the obligation to collect and dispose of all
rubbish and trash resulting from construction on his Lot.
8. The Board of Directors may fix an amount of an impact fee. The
irnpact fee shall be paid by all Owners at the time any plans, specifications or details are
submitted to the Declarant or the Board of Directors for app roval in accordance with the
provisions of Article 15 herein. Such impact fee shall be herin escrow by the Corporation
and shall be used to pay any fines or individual assessments, including the costs of restoring
any damaged property restored to it's original condition. Any unused portions of the impact
fee shall be returned to each Owner upon completion of work commenced in compliance
with Article 15 herein.
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C. Parking Areas, Driveways and Loading Areas:
1. All parking areas driveways and roads must meet the requirements of
the respective governmental rules ana regulations applicable thereto.
2. Loading areas shall not encroach into set -back areas and shall be set
back and screened to minimize the effect of their appearance from neighboring property and
the street.
D. Subdivision of Lots:
Lots maybe combined and Lot lines altered with approval from Declarant, but
no Lots may be subdivided in order to create additional Lots. Lots may also be subdivided
with approval from Declarant, subject to all applicable zoning and land use regulations.
Notwifhstanding the foregoing, the Declarant or its assigns may combine Lots, alter Lot lines
or create additional Lots.
E. Tgmnorary,Buildings:
No out -buildings of temporary or permanent character shall be built or allowed
to remain on any Lot unless specifically approved by Declarant.
F. Service Screening Storage Areas:
Garbage and refuse containers will
buildings, or shall be concealed by means of a scr(
compatibe with that of the building. These elements
building plan, be designed so as not to attract attei
inconspicuous manner possible. Unless specificall!
supplies or equipment shall be stored on the Pro
Exterior air-conditioning units and rooftop mechan:
the effect of their appearance from neighboring pros
or displays shall 6e allowed on any_Lot(s) unles
Declarant. Storage of non -business re- fated ropperty
boats, vessels or other types of recreational vehicle,
G. Power and Communication Lines:
be concealed and contained within
ming wall or material similar to and
,hall be integral with the concept of the
tion, and sl�iall be located in the most
approved by, Declarant no materials,
ierty except inside a closed building.
Val units shall be screened to minimize
erty and the street. No outside storage
specifically approved in writing By
including, but not limited to, campers,
is strictly prohibited.
All secondary power lines and communication lines on any site shall be placed
under round and no portion of any line shall be situated so as to be in public view unless
specifically approved by Declarant.
H. Antennas:
No mast or tower for an antenna, whether transmitting, receiving, or both, or
satellite disc shall be placed on anysite or building unless specifically approved by Declarant.
In no event shall an antenna have a wooden mast or tower.
Storage Tanks:
No storage tanks, including but not limited to those used for storage of water
or propane gas, shall be permitted on any Lot except as specifically approved by -Declarant.
J. Mailboxes:
No mailboxes shall be permitted on any Lot except as specifically approved by
Declarant.
K. Li htg tin :
All street and site lighting shall be approved by Declarant. The Corporation
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will be obligated for monthly light and maintenance bills for any lights on it's land.
L. Parking, Loading and Unloading:
No damaged vehicles shall be parked or stored in open areas of the Property.
Delivery vehicles (trucks, trailers andf orvans) shall not be allowed to remain in the parking
area located in front of any building for extended periods of time.
M., Landscapinz
All property shall be landscaped accgrding to plans a proved by Declarant.
All shrubs, trees, grass and from of every kind shall 6e kept neary trimmed, pro erly
cultivated and free of trash and other unsightly material. Approprla# provisions shapll be
provided by Owner for watering and other maintenance of the groun�.
N. Hobbies:
Hobbies or activities that tend to detract from the esthetic character f the
Development and improvements used in connection with such hob ies or activities shad not
be permitted in op n teas unless carried out or constructed as directed by Declarant. This
paragraph is intenSUl'o include, but not be limited to, such activities as automotive repair,
boat repair and sports equipment placed on any Lot.
O. AdvcEtisin
All signs for advertising or otherwise must be approved by Declarant.
P. Mineral Exploration:
Lot(s) shall not be used in any manner to explor for or to use any oil, or other
h drocarbons, minerals of any kind, gravel, earth or any earth substance orbther mineral
oany kind.
Q. Stormwater Runoff Relations:
The State of North Carolina has adopted S orm Water Runofi Regulations
applicable to the Property concerning stormwater runo, Ias th�se rules anaa regulations
are amended frQm time to time. n a cordance with suc re atio the total amount of
impervious surface, or as defined the Storm water regulations o t�e State of North
Carolina, is limited on ev ry Lot. These regulations rrelntly provide thland area of
each Lot will be restricte(to Ninety percent(qo9 of hui t upon area including
impervious surfaces. Tpe limitations are set out f�erein in addition to the other
requirements #or comp lance with the State Storm Water Management P rmit Number
SW$ 05004 as issued by the Division of Water Quality. Declarant anfthe St to of
North Caro ana shall havespecific authority to enforce the revisions oft e Nortt
C rohna Storm water regultions, and each Owner shall be requ red to limit the amount
opimpervious surface on any tot owned by said Owner as set out herein. Further in
accordance with these regulat Nj the Declarant has engineered a�torm water pla for
sal Lots which includes natur drainage patterns an swale an ffor the g neral flow of
storm water. Each lot Owner shall be required to develop and maintain hislot in such a
manner that is consistent with this storm water plan.
The following restrictions and covenants are intended to ensure ongoing
comph nce with State Storm water Management Permit Number SW8 050304, as
issued gy the Division of Water Quality:
1. The State of North Carolina is made a beneficiary of these covenants to the
Merit necessary to maintain compliance with the storm water management permit.
2. These covena is herein run with the land and are binding upon all persons and
parties claiming under them.
-15-

The covenants pertainin to storm water may not be altered or rescinded
without the express written consen of the State of North Carolina, Division of Water
Quality.
4. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
5. The maximum allowable built -upon area per lot is as follows:
Lot No. Lot Area Maximum Built Upon Area BUA o%
Lot 1
1.37 ac
1.23 ac/53,710 SF
Lot 2
2.15 ac
1.94 ac/84,289 SF
Lot 3
1.26 ac
1.13 ac/49,397 SF
Lot 4
2.00 ac
1.80 ac/78408 SF
Lot 5
3.84 ac
3.46 ac/15o,543 SF
Lot 6
2.3o ac
2.07 ac/9o,169 SF
These allotted amounts include any built -upon area constructed within the lot
roperty bo ndaries, and that -portion of the ght-of-way between the front lot line and
he ed e of the pavement. Buiupon area ineludes, but is not limited to, structures
asphalt, concrete, gravel, brick stone, slate, coquina and arking areas, but does not
include raised, open wood dec) ng, or the water surface o� swimming pools.
6. Any runoff from thy. built -upon areas on the lot must drain into the permitted
system. This may be accompshed through a variety of means includin a piped
collection syystgm, whish ultimately discharges into fhe stormwater facil�i'ty; ap ro�pnate
gradin of ttie lot such that the built -upon surfaces drain into the stormwater facility; or
gradefswales which collect the runott and direct it into the stormwater facility.
7. Each lot whose ownership is not retained by the,permittee is required to
submit a separate stormwater permit application to the Division of Water�Quality and
receive a permit prior to construction.
8. Declarant reserves the right to recalculate the maximum allowable built upon
area in accordance with the stormwater run o rules and regulations of the State of North
garolina. All drainage qyales or patterns used to treat stormwater runoff as required by
the State of North Carouna may not be filled in, paped or changed without the consent of
the Declarant, it's desi pee the Association, or the State of North Carolina and shall be
maintained as set torMn Section V below and Articles 4, 5, and 7.
R. Undgvelo ed Pro e
Declarant shall maintain all undeveloped property in the Development in a
neat and attractive condition,
S. Destruction:
Any building, structure or improvement which is destroyed in whole or in
Thart by fire or other casualty shall be either rebuilt or torn down, and all debris removed.
e Lot shall be restored to a sightly condition with reasonable promptness, however, in
no event shall such debris remain on such Lo longer than tree (3) months. A temporary
privacy wqll or fence must b%built to screen tge propertyfrom view within seven (7) days
and such ence or wall must a approved in aaavance by €tie Declarant.
�:1l

T. Municipal Water, Sewer Service and Utilities;
Municipal sewer service shall be prc
municinal arzencv or department. Water service fc
a municipal a en-ey or department, or by licensed
Lot is availab e from a municipal agency or depr
Owner(sI must tie into and use such system an s
well shall be permitted on any Lot except for itrr��'
community water service is not available. A we!!
allowed with the consent of the Declarant or Com
U. Maintenance:
!d by New Hanover County or other
Development shall be provided by
tv company. If water service to the
t or a Zcensed utility company, all
not use a private well. No private
i purposes or if municipal or
rigation purposes shall only be
1. All buildings will be permanently maintained in a neat, orderly, and
presentable fashion. If, in the opinion of fhe Corporation or the Declarant any Owner
shall fail to maintain any Lot owned by him in a manner which is reasonably neat and
orderly or shall fail to keepimprovements constructed thereon in a state of repair so as
not to -be unsightly, all in the sole opinion of the Corporation or the Declarant the
Corporation in its discretion, by the affirmative vote of a ma ority of the members of the
Board of Directors, or the Declarant, in its discretion and following ten (lo) days written
notice to Owner, may enter upon and make or cause io be made repairs to such
improvements and_perform such maintenance on the Lotas the removal of trash, cutting
of brass, pruning of -shrubbery, weeding and items of erosion control. The Corporation
shall have an easement for the purpose of accomplishing the foregoing. The reasonable
cost incurred by the Corporation in rendering all such services, plus a service charge of
fifteen percent (15%) of such cost, shall be added to and become an individual assessment
to which such Lot is subject as provided in Article w herein.
2. The Owner of each Lot shall keep the Lot mowed regularly and clear
of any unsightly ob1'ects and in the event that the Owner of any Lot within the said
Development breaches this restriction, the Declarant and Corporation reserve the right to
enter upon the Lot and mow the grass, clean up the Lot and remove unslghtl structures
and objects at property Owner's expense as provided in Paragraph 1 above. Where Lots
border on or contain ditches, drainage canals or swales, the owner of each Lot shall keep
that ar a, including the slopes, down to the edge of the water, mowed and maintained
regularly. Washouts or erosions on the Lots a�oining ditch banks and swales to
pavement shall be properly tended to by the respective Lot Owner. This obligation and
right maybe enforced by the Corporation or any Owner as provided in ArticCe 12 herein.
ARTICLE 16
STORMWATER PERMIT/FACILITIES
A. Stormwater Permit. The Association and each of its Members agree that at
anyyt�ime a er 1 a woe required under the Stormwater Permit has been completed
(other than operation and maintenance activities), and (ii) Declarant is not prohibited
under DENR regulations from transferring the Stormwater Permit to the Association, the
Association's Manager shall without any vote or approval of Lot Owners, and within ten
f lo) days after being requested to do sowillsign a documents required by DENR for .
the Stormwater Permit fo be transferee to the Association. If the Association fails to
sign the documents required _by thispparagraph, Declarant shall be entitled to specific
performance in the courts of North grohna requiring that the Association Manager
signs all documents necessary for the Stormwater Permit to be transferred to the
Association. Failure of the Manager to sign as provided herein shall not relieve the
Association of its obligations to operate and maintain the stormwater facilities covered by
the Stormwater Permit.
B. Stormwater Facilities The stormwater retention pond and related facilities
which have been constructed by or on behalf of Declarant constitute Common Elements
and, subject only to the provisions of Section C of this Article 16, the Association at it's
sole cost and expense, is responsible for the operation and maintenance of such facilities.
-17-

Except as provided in Section C of this Article 16, the Association shall indemnify and
holdharm7ess the Declarant from any obligations and costs under the Stormwater
Permit, and any relate ennits, for operation and maintenance of the stormwater
retention pondyand related facilities.
C. Damage to Storm Water Facilities. The Declarant shall at its sole cost and
expense be responsible for repairing any damage to storm water pond facilities caused by
the Declarant's development activities in the general area. Declarant shall not be
responsible for damages to stormwater retention ponds and related facilities caused by
any other cause whatsoever including but not limited to construction or other activities'
b Owners their agents and contractors, upon their Lots, acts of God, and the negligence
o others. Lot Owners shall be responsible for damages to such storm water
facilities caused by construction of buildings or other activities upon the Owner's Lot.
Each Owner, shall within thirty (3o) days after receipt of notice of damage to stormwater
facilities, repair the damage at the Owner's sole cost and expense to return the pond to
the state required specifications required by the storm water plans and specifications for
the pflnd. Ifthe Lot Owner fails to do so within said thirty (36) day period, the
Association shall perform the work and the cost of the work shall automatically become
an Assessment due from the Owner.
D. Enforcement Of Storm Water Runoff Regulations. No Lot, nor that
portion o t e any s ree or roa ng t o way a een e edge of the pavement and the
any Lot line, sha4j be covered by impervious structures, includin asphalt, gravel,
concrete, brick, stone, slate or similar material in excess of the that allowed by the
Stormwater Permit.
Alteration of the drainage as shown on the plans and specifications submitted to
obtain the Stormwater Permit is prohibited without the consent of DWQ, the Lot
Owners, and Declarant.
These covenants run with the land and are int nded to insure cogtinued
compliance with the Stormwater Permit. Therefore, these covenants as they ertain to
the Stormwater Permit may not be changed or deleted without the consent ofDWQ, the
Lot Owners, and Declarant. The provisions of the Stormwater Permit are incorporated
herein by reference and all parties hereto, their successors in title and a si rns, are
required to refrain from taking any action which will be in violation of to erms of
Stormwater Permit.
ARTICLE
AMENITIES AND FACILITIES
Every dedicated access and any other amenity appurtenant to the Development,
whether or not shown and delineated on any recorded plat of the Development, shall be
considered private and for the sole and exclusive use of the Owners of Lots or property
within the Development. Neither Declarant's execution nor the recording of any plat nor
any other act of Declarant with respect to such areas is, or is intended to'be, or shall be
construed as a dedication to the public of any such areas, facilities or amenities.
ARTICLE 18
WAIVER
No provision contained in these Protective Covenants, the Articles or the By-laws,
shall be deemed to have been waived, abandoned, or abrogated by reason of failure to
enforce them on the part of any person as to the same or similar future violations, no
matter how often the failure to enforce is repeated.
Iff;11

ARTICLE 1A
VARIANCES
The Declarant and the Board of Directors in its discretion may allow reasonable
variances and adjustments of these Protective Covenants in order to alleviate practical
difficulties and hardship in their enforcement and operation. Any such variances shall
not violate the spirit or the intent of this document to create a Development of Lots
owned in'fee by various persons with each such Owner having an easement upon areas
owned by the Corporation.
ARTICLE 20
DURATION, AMENDMENT AND TERMINATION
A. Lots Persons and Entities ub'ect to these Protective Covenants. All
present and future Owners, tenants and occupants ot Lots and their guests or invitees,
licensees, employees or agents shah be subject to, and shall comply with the covenants,
conditions, restrictions and affirmative obligations set forth in these Protective
Covenants, and as these Protective Covenan s 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 these
Protective Covenants are accepted and ratified by such Owner, tenant or occupant and
that they will fully comply with the terms and conditions of said Declaration. The
covenants, conditions, restrictions and affirmative obligations of these Protective
Covenants shall inure to the benefit of and be enforceable by the Corporation or the
Owner of any Lot their respective legal re resentatives, heirs, successors aW assigns, for
a term of twenty (20) years from the date these Protective Covenants are recorded�in the
New Hanover County Registry, after which date these Protective Covenants shall be
extended for successive erioryds of twenty (20) years, unless a majority of the then
Owners agree to revoke the same, and the covenants, restrictions, conditions and
affirmative obligations of these Protective Covenants shall run with and bind the land
and shall bind any person having at any time any interest or estate in any Lot as though
such provision were made a part of each and every deed of conveyance or lease.
B. Amendment. At anytime prior to December 31, 2006 or until all Lots are
sold, these Protective covenants may be amended by Declarant in its discretion.
Retention of this right by the Declarant is not intended to affect the general or common
scheme of development Tor theproperty herein described but to correct and/or modify
situations or circumstances which may arise during the course of development.
Thereafter, these Protective Covenants may be amended by vote of not less than sixty
percent 6o% of the Owners and an instrument must be recorded at the New Hanover
Launty. e isttry for such an amendment to be effective. In no event may these
Protective ovenants be amended so as to alter any obligation to pay ad valorem takes or
assessments for public improvements, as herein providea, or affect any lien for the
payment thereof established herein, or so as to deprive Declarant, its designee or
successors and assigns of any rights herein granted or reserved unto Declarant. In
addition, the Declarant may amend these Protective Covenants to annex additional
property and make it subject to the terms, conditions, restrictions, obligations and
covenants of these Protective Covenants as provided in Article 11 herein.
C. Invalidation of any one of these covenants or Protective Covenants by
Mudment or court order shall in no way affect any other provisions which shall remain in
- force and effect.
ARTICLE 21
CAPTIONS
The capitals preceding the various Articles of these Protective Covenants are for
20

the convenience of reference only, and shall not be used as an aid in interpretation or
construction of these Protective Covenants. As, used herein, the singular includes the
plural and where there is more than one Owner of a Lot, said Owners are Jointly and
severally liable for the obligations herein imposed. Throughout these Protective
Covenants, references to the masculine shall be deemed to include the feminine the
feminine to include the masculine and the neuter to include the masculine and feminine.
ARTICLE 22
LIBERAL CONSTRUCTION
The provisions of these Protective Covenants shall be construed liberally to
effectuate its purpose of creating a Development of fee simple ownership of Lots and
buildings governed and control -ed by rules, regulations, restrictions, covenants,
conditions, reservations and easements administered by an Owners' association with
each Owner entitled to and burdened with the rights and easements equivalent to those
of other Owners.
ARTICLE 21
CONFLICT
In the event of any irreconcilable conflict between these Protective Covenants and
the Bylaws of the Corporation the provisions of these Protective Covenants shall control.
In the event of any irreconcilable conflict between these Protective Covenants or the By-
laws and the Articles, the provisions of the Articles shall control.
ARTICLE 2
SEVERABILITY
Invalidation of anyone of these covenants or restrictions by judgment or any court;
agency or legislative order shall in no way affect any other provision, covenants, conditions
or restrictions contained in these Protective Covenants.
ARTICLE 25
ASSIGNABILITY OF RIGHTS AND LIABILITIES
Declarant shall have the right to sell, lease, transfer, assign license and in any manner
alienate or dispose of any rights, interests and liabilities retained, accruing and reserved to
it by these Protective Covenants. Following any such disposition, Declarant in no way shall
be Gable or responsible to any party with regard to any such right, interest, or liability or any
claim or claims arising out of same in any manner.
ARTICLE 26
DISPUTE ARBITRATION
Any Lot Owners having disputes re arding matters touching and concerningDuke-
Racine Business Center hereby agree tha disputes will be settled by arbitration if such
disputes are not resolved by mutual agreement among the Lot Owners within sixty(o) days
of the disputing Lot Owner giving written notice fo the dispute tot a Lot Owner wit wham
the dispute exists.
One ArbitratorUnited mutually acceptable to the disputing Lot Owners shall be chosen by
said Owners. The Arbitrator shall be governed by the States Arbitration Act, 9 U. S.C.
section 1-16 et. seq. The judgment upon the Award rendered by the Arbitrator may be
entered by, anyy court having jurisdiction thereof. The Arbitrator is not empowered to award
damages, including punitive damages, in excess of actual damages.
-2 0-

IN TESTIMONY WHEREOF, John A. Elmore, II, Lionel L. Yow and wife Connie S.
Yow, and Duke Gene, LLC, have caused this instru e to be properly executed the day and
year first above written.
Q GENE, LJ�C \I 1 4 � �
►1ILWF1&1<IZJ
JOHN A. ELMORE, II
By:
n more, 11
CONNIE S. YOW
By: ,
Connie S. Yow
-21-

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, moxr KA- �v �� , A Notary Pu blic for said Count and State,
do hereby cerh tat enry r er,Jr'anager of Duke Gene, LLC, a limited liability
comppany, personally appeared before me phis day and acknowledged the due execution of
the foregoing instrument on behalf of the company.
WITNESS my hand and official stamp or seal, this day of
2005. _�_ .. a _
Notary Y ,••---'••:'q -\
•. �p
My Commission Expires: 2 - ;2 ,0TA1?k
• _.t
STATE OF NORTH CAROLINAVER
yq•''•••• •''��'+
COUNTY OF NEW HANOVER ,Z4.......
I, r's a Notary Public in and for the State and
County aforesaid, do certify that John A. Elmore,11 personally appeared before me this day
and ac nowledge the due execution of the foregoing instrumen
WITNESS my hand and official seal this ( ""'day of Av,r,
2005.
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
ary Yp, K. Co�y�
orAR
j IJBL%G 2
I, a Notary Public i0•e� 9ilhe State and
County aforesai o certify that Lionet L. Yow personally appeared before me this day and
acknowledge the due execution of the foregoing instrument.
WITNESS my hand and official seal this day of
2005.
- Notary YubUc - - - -
My Commission Expires: 2 - HA+ K. Cp��
�0 TA.9
old
���tirnrrr
-22-

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,, M-ls � V— . C-' "°' f � , a Notary Public in and for the State and
County aforesai o certi that Connie ow pf.rsonally appeared before me this day and
acknowledge the due execution of the foregoing instrument
WITNESS my hand and official seal tbisG ` day of/k�K
2005. ki
My Commission Expires:2- 2 -a-o 01
-23-
IL
Notary PuRic
�pTApy
s pv8L.�G 2
��a�ER Gal

State Stormwater Management Systems
Permit No SW8 050304
TO: Linda Lewis, Environmental Engineer
NC DENR/Division of Environmental Management
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Racine Drive Commercial Subdivision
Wilmington, NC
NKT Project No. 04115
Engineer's Certification
I, John A. Kuske, III, P.E. , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, Areekly, €ullfi+rie) the construction of the project,
Racine Drive Commercial Subdivision
(Project)
for Duke Gene, LLC (Project Owner) hereby state that, to the best of my abilities, due
care and diligence were used in the observation of the project construction such that the construction was observed
to be built within substantial compliance and intent of the approved plans and specifications.
Required items to be checked for this certification to be considered complete are on page 2 of this form.
Noted deviations from approved plans and specifications:
JAIU I I/asn
04115 04-11-06.
Signature
Registratio
Date
ADr11 11. LVUO
cc: Tony Roberts, New Hanover County Building Inspector
Hank Miller
A- NORRIS, KUSKE TUNSTAL.L
4 CONSUL-V1 NG ENGINEERS, INC.
Is
i SEAL i
024388 s a
•
r
•
902 Market Street Wilmington, NC 28401-4733
[phone] Phone [phone] Fax

Certification Requirements:
—2!! F.
The drainage area to the system contains approximately the permitted acreage.
-Mk 2.
The drainage area to the system contains no more than the permitted amount of built -upon area.
3.
All the built -upon area associated with the project is graded such that the runoff drains to the
system.
01j?_4.
The outlet/bypass structure elevations are per the approved plan.
�5.
-I'he outlet structure is located per the approved plans.
6.
Trash rack is provided on the outlet/bypass structure.
7-
All slopes are grassed with permanent vegetation. 47-7we 77.w4 of= rPvr- ��.✓.f ie� ,V
Vegetated slopes are no steeper than 3:1.
The inlets are located per the approved plans and do not cause short-circuiting of the system.
10.
"The permitted amounts of surface area and/or volume have been provided.
11.
Required drawdown devices are correctly sired per the approved plans.
pB� 12.
All required design depths are provided.
�3. All required parts of the system are provided, such as vegetated shelf, and a forebay.
�. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: "Tony Roberts, New Hanover County Building Inspector
I -lank Miller
NORRIS. KUSKETUNSTALL
ti CONSULTING ENGINEERS, INC.
902 Market Street Wilmington, NC 28401-4733
[phone] Phone [phone] Fax

N ichael F. Easlcy, Governor
William G. Ross Jr., Secrctnry
North Carolina Department of Enviromnenl and Natural Resources
Alan W, Klimek, 1117. Director
Division of Watcr Qualify
August 31, 2006
Fred J. Matt
4400 Falls of the Neuse Road
Raleigh, NC 27609
Subject: Offsite Permit Application for Lot 2
Racine Drive Commercial Subdivision
Stormwater Project No. SW8 050304
New Hanover County
Dear Mr. Matt:
The Division of Water Quality issued a stormwater management permit to Henry Miller, Jr.,
Duke Gene, LLC, for the subject project on March 29, 2005. The permit covered the
construction and maintenance of the wet detention pond as well as the development on Lot 2.
Duke Gene, LLC, is currently.in the process of transferring the permit to the Duke -Racine
Property Owners Association, however, because Lot 2 was permitted in the same permit as
the wet pond, it is not appropriate to transfer the permit to the Association. Doing so assumes
that the Association is the owner of Lot 2 and would make them responsible for maintaining
compliance with the permit conditions and any violations that occurred on Lot 2.
To resolve this, the Division would like for you, as the owner of Lot 2 according to New
Hanover County tax records, to submit an offsite permit application and receive your own
stormwater management permit for Lot 2, so that the original permit for the pond can be
transferred to the Association. I have enclosed the necessary forms to be completed and
returned.
If you are no longer the owner of the property located at 250 Racine Drive, Wilmington, NC,
(aka Lot 2 of the Racine Drive Commercial Subdivision), please advise as soon as possible so
that the current owner can be contacted and the transfer process can continue.
If you have any questions, please do not hesitate to call me at [phone] or email me at
lind_a. lewis[a) ncmail. net.
Sincerely,
Linda Lewis
Environmental Engineer 11
ENBlarl: S:1WQSlSTORMINATERILETTERS120061050304.aug06
CC" John Kuske, P.E., Norris Kuske & Tunstall
Henry Miller, III, Duke -Racine Property Owners Association
Linda Lewis
lnrthCarolina
�ilflU'r7lllf
North Carolina Division of Water Quality t27 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www,aewateuuality._org Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

OFFICE USE ONLY
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants nacre (specify the name of the corporation, individual, etc. who owns the project).
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in item 2 above:
City: State: Zip:
Telephone Number: (_ )
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
5. Location of Project (street address):
City: T County:
6. Directions to project (from nearest major intersection):
7. Latitude: Longitude: of project
8. Contact person who can answer questions about the project:
Name: Telephone Number: ( )
II. PERMIT INFORMATION:
1, Specify whether project is (check one): New _Renewal _____Modification
Forn SWU-101 Version 3.99 Page I of

2. If INS appliCatiOrl iS being SUbnliited as the result of a renc\,val or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
Low Density High Density Redevelop General Perinit Other
4. Additional Project Requirements (check applicable blanks):
CA,'vIA Major Sedimentation/Erosion Control �404/401 Permit _NPDES Storm%vater
Information on rerinired state permits can be obtained by cowact€rig the Customer Service Center at
1-877-623-67,18,
Ili, PROJECT INFORMATION
1, In the space provided below, summarize how storinwater will be treated. Also attach a detailed narrative
(one to Two pages) describing storrm�,ater management for the project.
�Dtuj:�Frjt,c,'`4- fb 'aL h'-e"2f:>i LJ tq 0�7_C7�{'Si'f
2. Storrmvater runoff from Lhis project drains to the
3. 'Total Project A
acres
a. How many drainage areas does the project have?,
4, Project Built Upon A
River basin.
6. Complete the follw�ving 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.
Receiving Stream Name
Receiving Stream Class
Drainage Area
Existing Impervious' Area
Proposed lmpervious`Ama
%, Impervious Area (total)
lmi;:.:.:,. OnA
a :ea7Spc�vinusYPd2
On -site Buildings
On -site Streets
On-siti,.. Parkin};
On -site Sidewalks
Other on -site
Off -site
Total: Total:
* lntpen,ious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form S W U-10 l Version 3.99 Pine 2 of 4

How was the off -site irnpervioiis area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized (feed restrictions and protective covenants are required to he 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 he Provided as an attachment.
1. �iig covenantsare intended to ensure ongoing compliance with state stornrk ater nran rent permit number
as issued by the Division of Water Quality. �es C0 !enants may not be
changed or�ted without the consent of the State.-
2. No more than square feet of any lot shall be cove -by structures or inipervious materials.
Impervious materials irrc asphalt, gravel, concrete, brick v e, slate orslrnilar material but do rrot include wood
decking or the water surfice o nming pools.
3. Sivales Shall nor' be Filed in. piped, or alter cell, as necessary to provide driveway ay Crossings.
4. Built -upon area in excess of the milted amount requi a state stormwater management permit modification prior to
construction.
5. All permitted nofffrorn outparcels oi- tirture development shall be dire( 'nto the permitted stormwater control
system. ese connections to tlie.'.stormsvater control system shall be perfartrre a manner that maintains the integrity
and rformance of the system as permitted.
By your signature helow• 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
clairrtiirg under thern, 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 storinwater tnanagernent permit supplement forni(s) listed below must be submitted for each
BMP specified for this project. Contact the Storiwwater and General Permits Unit at [phone] for the status
and availahility of these forms.
Form SWU-102
Wet Detention Basin Supplernent
Form SWU-103
hifiltration Basin Suppfcrrient
Form SWU-104
Low Density Supplement
Forni SWU-105
Curb Outlet System Suppienient
Form SWU-106
Off -Site Systern Supplernent
Form SWU-107
Underl;round Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Prat:tic:e Supplernent
Form SWU-101 Version 3.99 Paste 3 of

VI. SUBLN,11'f-I-AL REQUIRENTENTS
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 io each item.
Initials
• Original and one copy of the Stormwater Management Perniit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Perinit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of storn]water treatnr(?r)t/marragerrtent
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firn]
- Legend
- North arrow
Scali
Revision number & date
Mean high water' line
f)hnensioried property/project boundary
Location snap with named streets or NCSR r]unibers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stornnvmer- control rnQasures
Wetlands delineated, or a note (in plans that none exist
Existing.drainage (inclu(Iing Off -site), drainage easements, pipe sizes, runoff calculations
Drainage areas delineated
Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you will] to du'sign]ate authority to another individual or firn] so that they may provide infortnation on your
behalf, please complete this section.
Designated agent (individual or firm):
Mailing Address:
City: State: Zip:
Phone: { ) Fax: { ?
VIll. APPLICANT'S CERTIFICATION
1. (print or type narnc of person iisted in General Information, Item 2)
certify that the information included on this permit application Corm is, to the hest 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 �vill be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-f .1000,
Si;nature: Dat
Dorm SWU-101 Version] 3.99 Paige 4 of 4

N
Permit No.
(tu he pr•nvided ht. 1)111Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STOR-MWATER MANACEMENT PERMIT APPLICATION PORM
OFF -SITE SYSTEM SUPPLEMENT
FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS
This form may- be photocopird for use as an original
DWQ Stormwater Management Plan Review:
A complete Stormwater management plan submittal includes a stonmwater management pen -nit application, an
off -site system supplement for each off -site stormwater treatment system. appropriate supplement forms for any
on -site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and
drainage details for the project.
1. PROJECT INFORMATION
Project Name:
Contact Person:
Phone Number: ( _ )
Is all drainage from the project directed to the off -site system? (circle one): Yes Nc
11. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system
that will treat runoff from your project):
Permit No. _ Ste} C) 5c%3c-D4-
Project Name:_ __S V b 6 r V ; S,_Gn
Type oi' Systenm (wet pond, infiltration basin, etc.): \Ait .f` Deft,/1 � or)
Lot No. (if part of a subdivision)- Z
How much built upon area draining to the permitted treatment system has been allocated to this project?_
r
III. REQU IZED ITEMS CHECKLIST
Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the
space provided to indicate that the fallowing 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. ff a requirement has not been met, attach justification.
Fonn SWU-106 Ver 3,99
Page 1 of 2

A11,c<t!its Initials
a.
b.
C.
d.
Deed restrictions limiting the built -upon area on the site have been recorded.,,
Engineers certification for the existing off site system has been submitted to DWQ.
There are no outstanding Notices of Violation far the off -site system.
Off -site system is in compliance with the issued permit.
IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS
1. )\Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and
ditches will be reseeded or sodded following sediment removal.
3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as
rteeded based on monthly inspections.
4, The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, Nvill be
inspected monthly or after every significant runoff producing; rainfall event. Trash and debris will be
cleared away from grates, curb cuts, velocity reduction devices, and piping.
5. The collection system may not be altered in any way without prior approval from NCDENR Division of
Water Quality,
I acknowledge and agree by my signature below that 1 am responsible for maintaining the stormwater collection
system in accordance with the five maintenance procedures listed above. 1 agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Print Name and Title:
Address:
Phone:
Signature:
Date:
Note: 77re legally responsible party should not he a homeowners association unless more than 50% of the lots hm,e been .sold and a
resident of the subdivision hrrs been named the president.
i. a Notary Public for the State of , County of
do hereby certify that personally appeared before nie this _
day of and acknowledge the due execution of the forgoing infiltration basin maintenance
requirements. Witness my hand and official seal,
SEAL.
Nly conunission expires
Forin SWLJ-106 Rev 3.99 Page 2 of 2

New Hanover County Tax Records Inquiry - Current Tax Statement
Page 1 of 1
NEW HANOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Current Tax Statement
9395212 2 0 0 6 T A X S T A T E M E N T
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS
WM R05017-001-005-000 0 693,270 0
LEGAL (2.15A) LOT 2 RACINE DRIVE COMMERCIAL S/D
LOCATION 250 RAC NE DR
1/1/06 OWNER: MATT FRED J
TAX
DESCRIPTION RATE ASSESSED
NH COUNTY 0.6850 4,748.90
WILMINGTON 0.4600 3,189.04
MATT FRED J
4400 FALLS OF THE NEUSE RD 104
RALEIGH NC 27609
REMIT TO: NEW HANOVER CO TAX OFFICE
P.O. BOX 18000 * TOTAL AMOUNT DUE 08/31/06
WILMINGTON, NC 28406
Pay Taxes Online
C}kvnership Aeal state Va#ues `:� Building Sketch
Prior Fazes Property N1ap Previous'Page - N
* Service offered through Official Payments Corp. who will charge a conve
Questions? P",
http://www.nhcgov.com/0asinq/Oasstmt.j sp?year=06&sel=RO5017-001-005-000 8/31 /2006

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Page 1 of l
North Carolina
Elaine F Marshall Q EPARTMENTOF THE
Secretary SECRETARY O>; STATE
Corporations
*Corporations Home
"Important Notice
•Corporations FAQ
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•Dissolution Reports
•Non -Profit Reports
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Contact Us
•Corporations Division
°Secretary of State's web site
Print
*Printable Page
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 8/31/2006
Click here to:
View Document Filings I
Corporation Names
Name Name Type
INC DUKE-RACINE
PROPERTY OWNERS Legal
ASSOCIATION, INC.
Non -Profit Corporation Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address
Principal Mailing Address:
0770429
Current -Active
3l41200 5
Domestic
NC
Perpetual
Miller, Henry E
1111 Military Cutoff Road
Suite 151
Wilmington NC 28405
1111 Military Cutoff Road
Suite 151
Wilmington NC 28405
1111 Military Cutoff Road
Suite 151
Wilmington NC 28405
1111 Military Cutoff Road
Suite 151
Wilmington NC 28405
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster
http://www.secretary.state.nc.us/Corporations/Corp.aspx?PitemId=7707308 8/31 /2006

SOS]D: 0770429
Date Filed: 3/4/2005 3:26:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200506300484
ARTICLES OF INCORPORATION
OF
DUKE-RACINE PROPERTY OWNERS ASSOCIATION, INC.
A Nonprofit Corporation
The undersigned, being of the age of 18 years of age or more, acting as
incorporator for the purpose of creating a nonprofit corporation under the laws of the Slate of
North Carolina as contained in Chapter 55A of the General Statutes of North Carolina, entitled
"Nonprofit Corporate Act," and the several amendments thereto, does hereby set forth:
Inc.
1. The name of the corporation is Duke -Racine Property Owners Association,
2. The period of duration of the corporation shall be perpetual.
3. The purpose of the corporation is to engage in any lawful act or activity for
which a corporation may be organized under Chapter 55A of the North Carolina General .
Statutes, as the same may be limited by the provisions of the Declaration of Covenants,
Conditions and Restrictions. for the Duke -Racine Property, as the same may be amended from
time to time of Record in the Office of the Register of Deeds of New Hanover County, North
Carolina, and as further limited by the By -Laws of Duke -Racine Property Owners Association,
Inc. as the same may be amended from time to time.
4. The owner of each Lot (as defined in the Declaration) within the development
known as Duke -Racine Property shall be a member of the corporation, as more fully specified in
the Declaration of Covenants, Conditions and Restrictions for the Duke -Racine Property and
By-laws of Duke -Racine Property Owners Association, Inc. as they may be amended from time
to time.
5. The directors of the corporation shall be selected as set out in its By -Laws.
6. The initial registered and principal office of the corporation is I I I I Military
Cutoff Road, Suite 151, Wilmington, New Hanover County, North Carolina 28405, and the name
of the initial registered agent at such address is Henry E. Miller, M.
7. The initial Board of Directors of the corporation shall consist of three (3)
members. They are: Henry E. Miller, III, I I I I Military Cutoff Road, Suite 151, Wilmington,
New Hanover County, North Carolina 28405; Lionel L. Yow, 1900 Eastwood Road, Suite
11, Wilmington, New Hanover County, North Carolina 28403; and, John A. Elmore, II,
1900 Eastwood Road, Suite 11, Wilmington, New Hanover County, North Carolina 28403.

8. The incorporator is Jerry A. Mannen, Jr., 102 N. Fifth Avenue, Post Office
Drawer 479, New Hanover County, Wilmington, North Carolina 28402.
9. Upon dissolution of the Corporation, other than incident to a merger or
consolidation, the assets of the Corporation shall be dedicated to an appropriate public agency to
be used for purposes similar to those for which this Corporation was created. In the event that
such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any
nonprofit corporation, association, trust or other organization to be devoted to such similar
purposes as may be provided in the Declaration of Covenants, Conditions and Restrictions for
Duke -Racine Property.
10. No part of the net earnings of the corporation shall inure to the benefit of its
members, directors, officers or other persons except that the corporation shall be authorized and
empowered to pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of the exempt purposes of the organization.
This the 3 day of March, 2005.
BY: (SEAL)
JE A. MANNEN, JR., Incorporator
STATE OF NORTH CAROLINA
COUNTY OF.NEW HANOVER
I, _&L— 4)S5M&kz q0 ; a Notary Public, do hereby certify that JERRY A.
MANNEN, JR. personally appeared before me this day and acknowledged the due execution of
the foregoing Articles of Incorporation.
WITNESS my hand and notarial seal this the Z!� day of March, 2005.
IV
Notary Public coNOTARY
; *�I ;c�=
My Commission Expires: _a purztic z

DUKE GENE, LLC
POST OF FICE BOX 42
WRIGTHSVILLE BEACH, NC 28480
August 28. 2006
CERTIFIED MAIL RETURN RECEIPT REQUESTED AUG 3 0 2006
Ms, Linda Lewis
NCDENR
Environmental Engineer 1I, Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Notice of Inspection
Racine Drive Commercial Subdivision
Slormwater Permit No. SW8 050304
New Hanover County
Dear Ms. Lewis:
The above referenced letter was received on August 4, 2006. The specific actions that have been
undertaken per Section 4 of the letter are as follows:
I . An irrigation system has been installed and the area has been reseeded.
2. The trash has been removed and a maintenance firm has been contracted on a monthly basis to
clean the area.
3. All the lots have been sold and are no longer under the control of the Developer and have been
since February. We are in the process of seeding ground around the pond to improve this
situation.
4. There have been several large rainstorms since receipt of this letter and Hurricane Ernesto (as of
today) is heading our way. We are meeting with the contractor and our engineer on Wednesday of
this week to address the situation and will advise on the course of action after the meeting and the
storm pass.
If you need additional information or have any questions please contact Hank Miller at [phone].
Sincerely.
DU K GENE, LLC�-
B y:
Hen E. Miller, Jr. Me r/Manager
cc: Danny Smith, Compliance & Enforcement Unit
Wilmington Regional Office
John A. Kuske III (Norris Kuske & Tunstall)
Pete Sessoms (W.R. Willis Construction)
Jim Freeman (Freeman Landscape)

w a T �qQ�
r
o -c
August 1, 2006
Mr. Henry E. Miller, Jr., Member/Manager
Duke Gene, LLC
1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
NOTICE OF INSPECTION
Racine Drive Commercial Subdivision
Stormwater Project No. SW8 050304
New Hanover County
Dear Mr. Miller:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on July 20, 2006 to determine compliance with Stormwater Permit Number
SW8 050304 issued on March 29, 2005, and prior to transferring the permit to the Duke -
Racine Property Owners Association.
The required actions that are necessary to bring this site into compliance are noted under
Section 4 of the report. Please inform this Office in writing before September 1, 2006, of the
specific actions that will be undertaken and the time frame that will be required to correct the
deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer li
ENBlarl: - S:IWQSISTORMWATIINSPECT1050304.aug06
cc: Henry E. Miller, III, Duke -Racine Property Owners Association, Inc.
John Kuske, P.E., Norris Kuske & Tunstall
Danny Smith, Compliance & Enforcement Unit
Wilmington Regional Office )
Linda Lewis
No e Carolina
,/V,du1n11y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (9I0) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwateryualily.org Fax [phone]
An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Racine Drive Commercial Subdivision
Project Number: SW8 050304 Control Measure: Wet detention pond
Water Body: Spring Branch Classification: C Sw
Directions to site, address: Racine Drive across from the entrance to Ashton
Townhomes and adjacent Market Place Drive.
2. Inspection Date: July 20, 2006
Weather Conditions: clear & hot, recent rain
3. Compliance Issues:
Y N
®❑ The drainage area (including offsite) and built -upon area to the permitted system
are per the approved plan.
®❑ All the built -upon area associated with the project is graded such that the runoff
drains to the system.
®❑ For ponds/infiltration, the outlet/bypass structure relative elevations are per the
approved plan. (Must be verified via as -built survey if in question).
®❑ The inlets and outlet structure are located per the approved plans and do not
cause short-circuiting.
A trash rack is provided over the outlet weir and orifice.
All slopes are grassed with permanent vegetation and are not eroding.
Vegetated slopes are no steeper than 3:1.
The approximate amount of permitted surface area has been provided. (Must be
verified via as -built survey or designer's certification.)
Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
All required parts of the system are provided, such as a vegetated shelf, and a
forebay.
LLI The designer's certification has been submitted.
The required deed restrictions are correctly recorded and submitted.
The number of lots or outparcels is per the permitted amount.
Required maintenance is being performed.
4. Required Actions: (Each deficiency is explained below and what needs to be done to
bring the system back into compliance)
a. The grass on the pond slopes was thin but holding. It needs to be watered and
maintained until there is a full, healthy stand of grass. There was some isolated
erosion on the back slope of the pond.
b. There was a lot of trash and debris stuck behind the trash screen, which should
be removed on a routine basis.
C. The remaining lots for development need to either establish vegetation or install
onsite erosion control measures to keep the sediment on the lots from entering
the pond.
d. There is a large sediment plume in front of the outlet structure. It appears that the
pond slopes under the rip rap in that area have sloughed into the pond. You may
need to place a plastic liner under the riprap, or replace the one that's already
there. The accumulated sediment will also need to be removed.
l�
Inspector: Linda Lewis
Surface Water Protection Section/DWQ/Wilmington Regional Office/[phone]
ENB/arl: S:IWQSISTORMWATIINSPECT1050304.aug06

DUKE GENE, LLC
POST OFFICE BOX 42
WRIGTHSVILLE BEACH, NC 28480
March 29, 2006
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Mr. Edward Beck
NCDENR
Regional Supervisor, Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Notice of Violation
Racine Drive Commercial Subdivision
Stormwater Permit No. SW8 050304
New Hanover County
Dear Mr. Beck:
The above referenced letter was received on March 14, 2006. As the letter suggested, we attempted to
contact Mr. Gary Beecher to discuss the condition of the project. Through no fault of Mr. Beecher, contact
was not made until ,March 23, 2006.
As discussed with Mr. Beecher, the pond construction and stabilization was completed on March 18, 2006.
"As -built" surveys should be completed this week. Upon receipt of those surveys, our engineer, John A.
Kuske III of Norris Kuske & Tunstall Consulting Engineers, Inc. will review them, inspect the pond and
prepare the engineer certification for the project. All efforts will be made to have this completed by April
10, 2006. In our opinion, we have completed the correction items listed in the correspondence.
As discussed with Mr. Beecher, our contractor was delayed for almost four months waiting for the natural
gas company to re -locate an existing line that was in the construction area. The project was completed
within three weeks of the line being moved.
We trust that we have answered your questions and that once the engineering certification is received that
this matter will be closed. If you need additional information or have any questions please contact Hank
Miller at [phone].
Sincerely,
DUKE ENE, LLC ff
By:
Hen . Miller, Jr. Member anager
cc: New Hanover County Inspections Department
Beth Wetherill (NH County Inspections)
Shelton Sullivan (NPS Assistance & Compliance)
Gary Beecher (DWQ)
John A. Kuske III (Norris Kuske & Tunstall)
Pete Sessoms (W.R. Willis Construction)

Lr) .. ,
0
rj rj OFF
m Postage
ru Gi 6 Certified Fee
0
0 Return Receipt Fee
O (Endorsement Required)
Restricted Delivery Fee ©
� (Eqdorsemenl Required)
to
n1 Total Postage & Fees
C3 �� l_✓E
I
FNILIW
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Here Z �p
FMAR 14 2006 o
lu 11
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
r
' Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR - Water Quality
Attn: R R.e-,/
127 Cardinal Drive Extension
Wilmington, NC 28405
ct, 6 L A IIIIE11iIIIIII1i111IIIIIIIIIIIIHI1t11Ei111311111til111tii

\NA r
Michael F. Easley, Governor
0 R
Q�
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`OCa
Cq
Alan W. Klimek, P. E. Director
j
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quaiity
March 10, 2006
CERTIFIED MAIL #7004 2890 0002 3418 2057
RETURN RECEIPT REQUESTED
Mr. Henry E. Miller, Jr., Member/Manager
Duke Gene, LLC
1713 N. Lumina Avenue
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION
Racine Drive Commercial Subdivision
Stormwater Permit No. SW8 050304
New Hanover County
Dear Mr. Miller:
On March 9, 2006, personnel from DWQ performed a Compliance Inspection of the subject
project, located on Racine Drive in Wilmington, New Hanover County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater'Permit Number
SW8 050304, issued to you on March 29, 2005,
The project has been found in violation of Stormwater Permit Number SW8 050304, issued
pursuant to the requirements of 15A NCAC 2H.1000 and NPDES Stormwater Permit No.
NCG010000. The violations found are:
1. Violation of State Stormwater Permit No. SW8 050304 (section 1I-7):
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.
At the time of this inspection the foundation and walls of the building have been built. The
stormwater pond is still under construction. The sides of the pond have not been stabilized with
grass. The outlet structure is also under construction, it appears that turbid water from the storm
pond is being pumped offsite.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before April 10, 2006.
2. Finish constructing all of the storm 'water systems that were permitted for this site. The storm
pond must be complete and fully functional. The storm pond must be stabilized with grass or
sod.
3. Finish constructing or repairing the outlet structure. Turbid water cannot be pumped offsite.
The water must be drawn from the surface of the pond. The water must then be pumped
through a vegetated median onsite, thus further allowing sediment and silt to filter out before
leaving the site.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional office Wilmington. NC 28405 [phone] Fax [phone] NZOLUEN

Date: March 10, 2006
Project Name: Racine Drive Commercial
Stormwater Permit No. SWS 050304
Failure to provide the "Plan of Action" by April 10, 2006 or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may
result in the initiation of enforcement action which may include recommendations for the
assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of Occupancy
for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Gary Beecher at [phone].
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
EB:Ighb S:IWQSISTORMWATINOTICE1050304.Mar06
cc: New Hanover County Inspections Dept
Beth Wetherill (NH County Inspections)
Shelton Sullivan (NPS Assistance & Compliance)
Gary Beecher (DWQ)

�A NC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES o4erFgo
eP STATE STORM WATER INSPECTION FORM
NCDENR WILMINGTON REGIONAL OFFICE a
Facility: Racine Drive Commercial Subdivision
Date: March 9, 2006
Location Address: 220 Racine Drive
COC #: SW 050304
Contact Name & Henry Miller, Jr.
Organization: Duke Gene, LLC
Phone [phone]
Number:
Contact Mailing 1713 North Lumina Avenue
Address: Wrightsville Beach, NC 28480
County: New Hanover
Directions: Racine Drive in Wilmington
v
Routine Compliance Inspection
RE -Inspection
Complaint Investigation
Other - Explain
A.
HIGH DENSITY STORM POND
Yes
No
Comments
1.
Pond Slopes Stable
x
Pond slopes have no grass on them
2.
Site built according to permitted plans
Still under construction
3
Outlet Structure OK / Trash Rack
4
Deed Restrictions & Pond Certification
B.
LOW DENSITY STORM PROJECT
Yes
No
1.
Swales Stable & Vegetated
2.
Wetland Problems
3.
Site built according to permitted plans
4.
Deed Restrictions received
Action Taken: 1 Notice of Violation Mail Date: March 10, 2006
Additional Contacts:

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 29, 2005
Mr. Henry E. Miller, Jr., Member/Manager
Duke Gene, LLC
1713,N. Lumina Avenue
Wrigh#sVille Beach, NC 28480
Subject: Stormwater Permit No. SW8 050304
Racine Drive Commercial Subdivision
High Density Subdivision Project
New Hanover County
Dear Mr. Miller:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Racine Drive Commercial Subdivision on March 28, 2005. 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 050304, dated March 29, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until March 29, 2015, 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 Paul Bartlett, or me at [phone].
Since ely,
Ed Be`'
Acting Regional Supervisor
Surface Water Protection Section
RSSlarl: S:IWQSISTORMWATERIPERMIT1050304
cc: John A. Kuske III, P.E., Norris, Kuske & Tunstall
Tony Roberts, New Hanover County Inspections
City of Wilmington Stormwater Services
Beth E: Wetherill, New Hanover County Engineering
Division of Coastal Management
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central FiIP5
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet; h2o,enr.state.nc.us One
NorthCarolina
An Equal QpportunitylAitirmative Action Employer - 50% Recycled/10% Post Consumer Paper Alrrtlrrally

State Stormwater Management Systems
Permit No. SW8 050304
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 taws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Henry E. Miller, Jr and John A. Elmore !l, Connie S. and Lionel Yow, Duke Gene, LLC
Racine Drive Commercial Subdivision
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 March 29, 2015 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 on page 3 of this permit. The subdivision is
permitted for 6 lots, each allowed built -upon area (BUA) as follows:
Lot No.
Lot Area, ac
Max. BUA @ 90%, ac
1
1.37
1.23 53,710 sq ft)
2
2.15
1.94 84,289 sq ft
3
1.26
1.13 (49,397 sq ft)
4
2.00
1.80 (78,408 sq ft)
5
3.84
3.46 150,543 sq ft)
6
2.30
2,07 (90,169 sq ft)
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Page 2 of 9

0
4.
5.
State Stormwater Management Systems
Permit No. SW8 050304
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.
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: 15.22
Onsite, ft2: 662,984
Offsite, ft2: none
b. Total Impervious Surfaces, ft2: 506,516
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lots @90% SUA, ft
53,710
49,397
78,408
150,543
90,169
Buildings,.ft
23,167
Roads/Parking, ft2
50,272
Other, ft
6,729
Offsite, ft
0
Total, ft
53,710
84,289
49,397
78,408
150,543
90,169
C. Pond Depth, feet: 5.0
d. TSS removal efficiency: 90%
e. Design Storm: 1.01,
f. Permanent Pool Elevation, FMSL: 35.0
g. Permitted Surface Area @PP, ft2: 50,572
h. Permitted Storage Volume, ft3: 47,757
i. Storage Elevation, FMSL: 35.9
j. Controlling Orifice:
k. Permanent Pool Volume, ft3
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream 1 River Basin:
o. Stream Index Number:
3.5"0 pipe
169,307
32,598
112
Spring Branch, Smith Creek / Cape Fear
18-74-63-1
p. Classification of Water Body: "C; Sw"
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.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 050304
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review 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 property
owner of the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of 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.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW8 050304
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050304, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is in accordance with Section 1.5.b
on page 3 of this permit. This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. 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 will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit
prior to any construction on the lot.
13. 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.
Page 5of9

State Stormwater Management Systems
Permit No, SW8 050304
14. 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 the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 112 horsepower.
15. 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.
16. 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 revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. 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.
18. 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.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
lil. GENERAL CONDITIONS
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
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW8 050304
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.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 29th day of March 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050304
Page 7 of 9

State Stormwater Management Systems
Permit No. SW8 050304
Racine Drive Commercial Subdivision
Stormwater Permit No. SW8 050304
New Hanover Count
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (period icaIlylweeklylfuII
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 9

State Stormwater Management Systems
Permit No. SW8 050304
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
.6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspections
Page 9 of 9

NKT #04115
Date Received
Fee Paid
Permit Number
0,3 _ ,.-C
00_0
,—p?yU
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):
John A. Elmore. II, Individual Connie S. & Lionel L. Yow, Individuals Duke Gene. LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Henry E. Miller, Jr., Member 1 Manager of Duke Gene, LLC (See attached authorization letter)
3. Mailing Address for person listed in item 2 above:
1713 N. Lumina Avenue
City: WrightsvilleBeach State: NC Zip: 28480
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.):
Racine Drive Commercial Subdivision
5. Location of Project (street address):
220 Racine Drive
City: Wilmington County: New Hanover
6. Directions to project (from nearest major intersection):
From the intersection of Market St. (Hwy. 17) & Eastwood Rd. (Hwy. 74) proceed east on Eastwood Rd. for 0.4 miles.
Turn right onto Racine Dr., traveling SW for 0.38 miles. Property is located on the right side of the road — 220 Racine Dr.
7. Latitude: 34014'
Longitude: 770 51'
of project
8. Contact person who can answer questions about the project:
Name: John A. Kuske, III, P.E. Telephone Number: (9101 343-9653
11. PERMIT INFORMATION
f
1. Specify whether project is (check one)
X New
Form SWU-101 Version 3.99 Page 1 of 4
Renewal Modification

�hv� 2d ,cc
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number NIA And its issue date (if k own) NIA
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.
An existing stormwater pond will be re -designed and modified to comply with the City of
Wilmington Stormwater Ordinance and the State Stormwater Regulations. The stormwater pond
has been re -designed for 90% TSS removal.
2. Stormwater runoff from this project drains to the Cape Fear River Basin.
3. Total Project Area: 662,984 SF 115.22 AC 4. Project Built Upon Area: 76.41
5. How many drainage areas does the project have? 1
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.
Sulndi►tisinn
Basin.lnformatwn-,, fisa ,, .....�r� ` .:.�
,. r. .:Eirraiiiig6Wrea,l,:,t.
Receiving Stream Name
S do Branch / Smith Creek
Receiving Stream Class
C-SW
Drainage Area
662,984 SF 1 15.22 AC
Existing Impervious * Area
NIA
Proposed Impervious* Area
506,603 SF / 11.63 AC Lot
No. 1 -- 6 90%
% Impervious* Area total
76.41 %
Nnte! i.nt Na. 2 = 2.t_4 A[_
<Im. ervious*rSucfacetAreap:.
Drama e`Area t- Lof°No "2.-
Drama a Area"I = Lot:No.;1"
On -site Buildings
23,167 SF
On -site Streets
On -site Parkin / Asphalt, Curb & Gutter
50,272 SF
On -site Sidewalks / Pads
3,422 SF
Other on -site (in Common Area Drains to Lot No. 2
3,307 SF
Off -site
NIA
Total: 84,289 SF / 1.94 AC / 90%
Total: 53,710 SF / 1.23 AC 190%
* 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 Pag�yof 4

Ln

- -:-. Rom- m , -�;,� :�
=Im ervious'�;,Surface'Area ht a 3
.,,_ �,.�, .�ti-a. �- - -
Drama a Area 1== I;ot No. 3
-
Dcaina je Area C�: Li f No 4 -"
On -site Buildings
On -site Streets
On -site Parkin
On -site Sidewalks
Other on -site
Off -site
NIA
NIA
Total: 49,397 SF 11.13 AC 190%
Total: 78,408 SF / 1.80 AC 190%
='Im pervious*, urface'Area
On -site Buildings
On -site Streets
On -site Parkin
On -site Sidewalks
Other on -site
Off -site
NIA
NIA
Total: 150,543 SF 13.46 AC 190%
Total: 90,169 SF 12.07 AC 190%
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas sidewalks, gravel areas, etc.
2b
Form SWU-101 Version 3.99 Pagelof

How was the off -site impervious area listed above derived?
NIA
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number 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 90% square feet of any lot shall he 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.
All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be 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 [phone] for
the status and availability of these forms.
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU-105
Form SWU-106
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
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.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initia
• 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 $424(payable to NCDENR)*4 i 0 dQ 0o
• Detailed narrative description of stormwater treatment / managements
• 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 A. Kuske, 1I1, P.E.
Designated agent (individual or firm): Norris, Kuske & Tunstall Consulting Engineers, Inc.
Mailing Address
City: Wilmi
902 Market Street
Phone: [phone]
V111. APPLICANT'S CERTIFICATION
State: NC Zip:
Fax: [phone]
28401
I, (print or type name person listed in General Information, item 2) Henry E. Miller, Jr., Member 1 Manager ,
Certify that the info tion included on this permit application form is, to the best of my knowledge, correct and
that the project willkeonstructed
in conformance with he approved plans, that the required deed restrictions and
protective coven nte recorde , d t at the pr p ed eject complies with the requirements of 15A NCAC
2 H.1000.
Signature: Date:
Form SWU-101 Version 3.99 Page 4 of 4

NKT #04115
Permit No. 5bJS d:)_ V.5e
State of North Carolina (to be provided by DWQ)
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.
1. PROJECT INFORMATION
Project Name
Racine Drive Commercial Subdivision
Contact Person: John A. Kuske, 111, P.E. Phone Number:
For projects with multiple basins, specify which basin this worksheet applies to:
[phone]
1
elevations
Basin Bottom Elevation 30.00 ft. (floor of the basin)
Permanent Pool Elevation 35.00 ft. (elevation of the orifices)
Temporary Pool Elevation 35.90 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 50,572 sq. ft. (water surface area at the orifice elevation)
Drainage Area 15.22 ac. (on -site and off -site drainage to the basin)
Impervious Area 11.63 ac. (on -site and off -site drainage to the basin)
Lot No. 1-6 @ 90% Impervious Coverage
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA'
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
169,307 eu. ft. (combined volume of main basin and forebay)
44,824 Required
47,757 Provided cu. ft. (volume detained above the permanent pool)
32,598 (19.25%) cu. ft. (approximately 20% of total volume)
0.0545 (surface area to drainage area ratio from DWQ table)
3.50 in. (2 to 5 day temporary pool draw -down required)
1 in.
90 % (minimum 85% required)
Form SWU-102 Version 3.99 Page 1 of 4

Footnotes:
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 901/oTSS 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. 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.
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.
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).
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.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
A portable pump can be provided.
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) ❑ does
This system (check one) ❑ does
Form SWU-102 Version 3.99
® does not ' incorporate a vegetated filter at the outlet.
® does not incorporate pretreatment other than a forebay.
Page 2 of 4

Maintenance activities shall be performed as follows:
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 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.
When the permanent pool depth reads 3.75 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 3 Meet in the forebay, the sediment shall be removed
Sediment Re oval El. 32.00 J7
Bottom EI -vation 31.00
FOREBAY
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 35.00
-- Sediment Removal Elevation 31 25- 175%!
Bottom Elevation 30.00
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 Version 3.99 Page 3 of 4

7. All components of 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: Henry E. Miller. Jr.
Title: Member/ Manaaer
Address: 1713 N. Lulnina Avenue Wriahtsville Beach. NC 28480
Phone: 910-2
Signature:
Date: 0��
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.
a Notary Public for the State of
County of do hereby certify that ► F. Q
Personally appeared before me this day of OD and acknowledge the due
Execution of the foregoing wet detention basin maintenance requirements. Witness my hand and official seal.
SEAL
Signature ! �(
My commission expires r
Form SWU-102 Version 3.99 Page 4 of 4

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1
_

State Stormwater Management Systems
Permit No. SW8 050304
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
Henry E. Miller, Jr and John A. Elmore !l, Connie S. and Lionel Yow, Duke Gene, LLC
Racine Drive Commercial Subdivision
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 March 29, 2015 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 on page 3 of this permit. The subdivision is
permitted for 6 lots, each allowed built -upon area (BUA) as follows:
Lot No.
Lot Area, ac
Max. BUA @ 90%, ac
1
1.37
1.23 (53,710 sq ft)
2
2.15
1.94 84,289 sq ft
3
1.26
1.13 (49,397 sq ft)
4
2.00
1.80 (78,408 sq ft)
5
3.84
3.46 (150,543 sq ft)
6
2.30
2.07 (90,169 sq ft) _
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
Paqe 2 of 9

State Stormwater Management Systems
Permit No. SW8 050304
4
5
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.
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: 15.22
Onsiteft2: 662,984
Off site: ft2: none
b. Total Impervious Surfaces, ft2: 506,516
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lots 90% BUA, ft
53,710
49,397
78,408
150,543
90,169
Buildin s,.ft
23,167
Roads/Parking, €t
50,272
Other, ft
6,729
Off site, ft2
0
Total, ft
53,710
84,289
49,397
78,408
150,543
90,169
C.
Pond Depth, feet:
5.0
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.0"
f.
Permanent Pool Elevation, FMSL:
35.0
g.
Permitted Surface Area @PP, ft2:
50,572
h.
Permitted Storage Volume, ft3:
47,757
i.
Storage Elevation, FMSL:
35.9
j. Controlling Orifice:
k. Permanent Pool Volume, ft3
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream 1 River Basin:
o. Stream Index Number:
3.5" O pipe
169,307
32,598
1/2
Spring Branch, Smith Creek / Cape Fear
18-74-63-1
p. Classification of Water Body: "C; Sw"
11. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 050304
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review 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 property
owner of the responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of 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.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
5. The Director may notify the permittee when the permitted site does not meet one
or more of 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW8 050304
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050304, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is in accordance.with Section 1.5.b
on page 3 of this permit. This allotted amount includes any built -upon area
constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. 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 will naturally
drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit
prior to any construction on the lot.
13. 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.
Page 5 of 9

State Stormwater Management Systems
Permit No. SW8 050304
14. 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 the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 112 horsepower.
15. 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.
16. 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 revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. 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.
18., 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.
19. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
This permit is not transferable 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
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW8 050304
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.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by,
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 29th day of March 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan Vv. KhMeK, F.E., Uirector
Division of Water Quality
By Authority of the Environmental Management Commission
�iiiff i► [R'i1 T-�i[+y'►'E:��F��I���Z!
Page 7 of 9

State Stormwater Management Systems
Permit No. SW8 050304
Racine Drive Commercial Subdivision
Stormwater Permit No. SW8 050304
New Hanover County
Designer's Certification
Page 1 of 2
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (period icallylweeklylfulI
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 9

State Stormwater Management Systems
Permit No. SW8 050304
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspections
Page 9 of 9

N
DECLARATION OF PROTECTIVE COVENANTS
OF DUKE-RACINE BUSINESS CENTER
Pre ared by: Jerry A. Mannen, Jr., Yow, Fox & Mannen, LLP, 102 N. Fifth Avenue
lmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THESE PROTECTIVE COVENANTS, made and entered into this the day of
,2005, by and between JOHN A. ELMORE, II, LIONEL L. YOW an wife,
CONNIE S. YOW, and DUKE GENE, LLC, a North Carolina limited liability company,
hereinafter referred to as "Declarant".
Mlk,919010 3 404
WHEREAS, Declarant is the owner of a certain tract of real property located in
New Hanover County, North Carolina, and being more particularly shown and described
on that certain map recorded in Map Book , Page in the Office of the
Register of Deeds of New Hanover County, rice to sail prat being hereby
specifically made; and
WHEREAS, Declarant proposes to sell and convey certain lots or sections within
the tracts above -described to be used for commercial purposes and to develop said lots,
and additional property which may be acquired by Declarant, into a planned commercial
community; and
WHEREAS, Declarant desires to impose upon such lots certain mutual and
beneficial restrictions, covenants and conditions and charges (hereinafter collectively
referred to as "Restrictions") for the benefit and complement of all of the lots in the
subdivision in order to promote the best interests and protect the investments of
Declarant and each owner.
NOW THEREFORE Declarant hereby declares that all real property described in that
map recorded in Map Boob , Page in the office of the Register of Deeds of New
Hanover County North Caro ma, and any additional property as may by subsequent
amendment be added to and subjected to these Protective Covenants, are held and shall be
held, conveyed, encumbered leased, rented, used, occupied and improved subject to these
Protective Covenants and to tie following Restrictions. These Protective Covenants and the
Restrictions shall run with the land and shall be binding on all parties having or acquiring
any right, title or interest in and to the real property or any part or parts thereof subject to
-1-

these Protective Covenants.
ARTICLE 1
DEFINITIONS
As used herein,
A. "Articles" means the Articles of Incorporation of Duke -Racine Property
Owners Association, Inc.
B. "By-laws" mean the By-laws of the Duke -Racine Property Owners
Association, Inc.
C. "Common Areas" means all real and personal property, owned by the
Corporation or hereafter deeded to the Corporation for the common enjoyment of the
members of the Corporation and shall specifically include the retention pond and
surrounding area located on the property which is shown as "Stormwater Pond",
"Maintenance Access", "Drainage Easement"; and, D
as "Access, Drainage, and Utility
Easement" on that certain Plat entitled Division of Property for eclarants as referred to
above. Said common properties or areas shall be maintained by the Corporation.
D. "Common Expenses" means and includes actual and estimated expenses of
maintaining and operating the Common Elements and Areas and operating the
Corporation for general purposes, including an reasonable reserve and specifically
includin expenses associated -with maintenance - the storm water and sewer systems in
the Development, all as may be found to be necessary and appropriate by the Board of
Directors pursuant to these Protective Covenants, the By-laws and the Articles of
Incorporation of the Corporation and as more specifically defined in Article 6 herein.
F. "Corporation" means Duke -Racine Property Owners Association, Inc., a
North Carolina non-profit corporation. The "Board of Directors or Board shall be the
body governing the Corporation and managing the affairs of the Corporation.
G. "Declarant" means John A. Elmore, II Lionel L. Yow and wife, Connie S. Yow,
and Duke Gene, LLC, a North Carolina limited liability company, their successors or
assigns.
H. "Development" means those tracts of land described in that certain map
recorded in Map Book , Page all of the New Hanover County Registry and
also being referred to as Duke-Racine--NuCenter.
I. "Lot" means a separately numbered tract or section of land lying within the
Development which may be conveyed by the Declarant and owned in fee simple by the
Grantee thereof and held for such uses as are consistent with these Protective
Covenants and tie Restrictions covering the area wherein the tract is located. The
Owner of all of a numbered Lot may combine such numbered Lot part or parts of
another such numbered Lot and the aggregate shall be considered as one Lot for the
purpose of these Protective Covenants.
J. "Owner" shall mean or refer to the record owner, whether one or more
persons or -entities, of a fee simple title to any Lot or other real property within the
Development.
K. "Stormwater Permit" shall mean or refer to State Stormwater Permit #
SW$ 050304 issued by the North Carolina Division of Water uality (DWQ),
Department of Environment and Natural Resources (DEHNR?.
-2-

L. "Storm Water Pond, Retention Pond or Pond" shall mean that area
designated and shown on that Plat recorded in Map Book at Page in the
Office of the Register of Deeds in New Hanover County.
ARTICLE 2
APPLICABILITY
These Restrictions shall apply to all those tracts of real property in that map
recorded in Map Book gage of the New Hanover County Registry and to
all those Lots or section-s--whi'ch are or-s aIl be created from those tracts.
ARTICLE q
CORPORATION
A. A Corporation named Duke -Racine Property Owners Association, Inc., has
been formed pursuant to the rules and requirements of the Nonprofit Corporation Act
Chapter 55AJ of the General Statutes of North Carolina as an association of the Owners of
Lots. Its purposes are to own, manage, maintain, and operate the Common Areas and
facilities located upon the Common Areas; to enforce the restrictions contained herein; and
to make and enforce rules and regulations governing the Owners' use and occupation of
Lots; and to maintain the storm water systems located within the Development.
B. Each Owner of each Lot, section or other real property within the
Development shall be a member of the Corporation. The Declarant, by these Protective
Covenants, and the Owners of individual Lots by their acceptance of individual deeds
thereto, covenant and agree as follows:
1. That for so long as each is an Owner of a Lot or real property within the
Development, each will perform all acts necessary to remain in good and current
standing as a member of the Corporation;
2. That each Owner shall be subject to the rules and regulations of the
Corporation with regard to ownership of a Lot or other real property within the
Development; and
3 That any unpaid assessment, whether general, special or individual
levied bythe Corporation in accordance with these Protective -Covenants, the Articles or the
By-laws shall be a lien upon the Lot or land upon which such assessment was levied, and
shall be the personal obligation of the Owner of the Lot or other real property at the time
the assessment fell due.
C. Each membership in the Corporation shall relate to and have a unity of
interest with an individual Lot or other real property owned within the Development which
may not be separated from ownership of said Lot or other real property owned within the
Development.
D. The Corporation shall have two classes of voting memberships.
(a) Class "A". Class "A" Members shall be all Owners except the Class
"B" Member, if any. a_ssW Members shall have one(1) vote for each Lol in which
they hold the interest and shall be entitled to one (1) vote for each Lot owned.
(b) Class "B". The sole Class "B" Member shall be the Declarant. Class
"B" Member shall be ent�d-to three (3) votes for each Lot owned. The Class "B"
membership shall cease and be converted to Class "A" membership on ,
,20
9911

E. The affairs of the Association shall be managed by a Board of Directors, the
number, qualifications term and method of election of which shall be as provided From
time to time by the By-laws of the Corporation; and provided, further that the number of
members of the first Board of Directors shall be three (3�,; and, provided, finally that,
notwithstanding any of the foregoing, so long as the Dec grant, owns any of the Lts in
the Development, but in any event, not longer than , 20 , the
Declarant shall have the right to designate and select the persons�w to sh�erve as
members of each Board of Directors of the Corpporation who need not meet the
qualifications for directors as provided by saidBy-laws or herein.
ARTICLE 4
MANAGEMENT AND ADMINISTRATION
The management and administration of the affairs of the Corporation shall be the
sole right and responsibility of the Corporation. The management shall be carried out in
accordance with the terms and conditions of these Protective Covenants, the Articles
and the By-laws of the Corporation, but may be delegated or contracted to managers or
management services.
ARTICLE 5
COMMON AREAS/ELEMENTS
The Association shall at it's sole cost and expense be responsible for the operation
and maintenance of the Storm Water Pond and surrounding area and other common
areas from the date of this Agreement, whether or not (i) such Common Element has
actually been deeded the Association or (ii) any permit issued by a governmental agency
to Declarant for the construction and operation of the Common Element has been
transferred from the Declarant to the Association or assumed by the Association. If the
Declarant is required by any government agency to provide any operation or
maintenance activities to a Common Element which the Association is liable to perform
such operation and maintenance pursuant to this section, then the Association agrees to
reimburse the Declarant the cost of such operation and maintenance within thirty (30)
days after Declarant renders a bill to the Association therefor. The Association agrees to
levy a Special Assessment to cover the amount of such bill if it does not have sufficient
funds available. Declarant shall be entitled to specific performance to require the
Association to levy and collect such Special Assessmen
ARTICLE 6
PROPERTY RIGHTS IN THE COMMON AREA/ELEMENTS
A. Members' Easements of Enjoyment. Subject to the provisions of Section C
of this Article 6, every Member sHall have a right and easement of enjoyment in and to
the Common Properties, including rights of access, ingress and egress to and from
public streets and walkways in areas specifically designated for such purposes, if any;
such easement shall be appurtenant to and shall pass with the title to every Lot.
B. Title to Common Pro erties. The Declarant shall relinquish the legal title
to the Common Properties tote orporation at the time of the conveyance of the Last
Lot or at such earlier date as may be determined by the Declarant. Said conveyance shall
be fee simple title to the said property, subject to the perpetual right of way and
easement for access, ingress, egress, drainage and utilities to and from said areas for
Declarant it's successors and assigns. Notwii' .standing this fact, Declarant reserves the
right, until such time as Declarant s right to annex additional properties expires, to go
upon the Common Properties for the purpose of constructing common use amenities
thereon. Nothing contained herein shall obligate Declarant to construct any such
amenities. Furthermore, Declarant reserves for the benefit of Declarant, and for the

benefit of the Association and the owners of all Lots, the right to utilize all drainage
u ways, retention ponds and similar common facilities and �ilities for the benefit of all of
the property described in herein.
C. Extent of Members' Easements. The rights and easements of enjoyment
created hereby shall a subject to the following:
(1) the right of the Association, in accordance with its Articles of
Incorporation and By -Laws, to borrow money for the purpose of improving the
Common Properties and in aid thereof to mortagge said properties. In the event of a
default upon any such mortgage the lender's rig s therunder shall be limited to a right,
after taking possession of such properties, to cfiarge admission and other fees as a
condition to continued enjoyment by the members and, if necessary, to open the
enjoyment of such properties to a wider public until the mortgage debt is satisfied,
whereu on the possession of suchproperties shall be returned to the Association and all
rights oTthe Members hereunder shalrbe fully restored;
(2) the right of the Association to take such steps as are reasonably necessary
to protect the above -described properties against foreclosure;
(3) the right of the Association, as provided in its Articles of Incorporation and
By -Laws, to suspend the voting rights of any member for any period during which any
assessment remains unpaid, and for any period not to exceed sixty (6o) days for any
infraction of its published rules and regulations;
(4) the right of the Association to dedicate or transfer all or any part of the
Common Properties to any public agency, authority, or entity for such purposes and
sub'ect to such conditions as may be agreed to by the Members, Provided that no such
dedication or transfer, determination as to the purposes or as to The conditions thereof,
shall be effective unless an instrument signed by Members entitled to cast not less than
two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to
such dedication, transfer, purpose or condition, and unless written notice of the
proposed agreement and action thereunder is sent to every Member at least thirty (30)
days in advance of any action taken.
ARTICLE 7
COMMON EXPENSES
The Common Expenses of the Development include:
A. All amounts expended by the Corporation in o erating, administering,
maintaining, managing, repairing, replacin and improving f1he Common Areas of the
Development including compliance with alfterms and conditions of governmental
ermits affecting the subdivision; all amounts expended by the Corporation in insuring
.he Common Areas in the Development, specifically including the Storm Water Pond; all
amounts expended by the Corporation in le al, engineering, or architectural fees; all
similar fees which may be incurred by the Cor oration from time to time in performing
the functions delegated to the Corporation by these Protective Covenants; all amounts
for a reasonable reserve; and all amounts expended in any form by the Corporation in
enforcing these Protective Covenants, the Articles or the By-laws. Common expenses
shall specifically include all expenses associated with the maintenance of the stormwater
and sewer systems including, but not limited to, all drainage areas, easements and
infiltration ponds within the Development.
B. All amounts expended by the Corporation in carrying out any duty or
discretion as may be required or allowed by these Protective Covenants, the Articles or the
By-laws.
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C. All amounts declared to be Common Expenses in the By-laws or in these
Protective Covenants.
D. All taxes and special assessments which may be levied from time to time by
any governmental authority upon the Common Areas in the Development.
ARTICLE 8
GENERAL ASSESSMENT
A. The Declarant for each Lot or other real roe owned and platted as part
of the Development, hereby covenants and each Owner of property
Lot by acceptance of a deed
for same (whether or not it shall be so -expressed in such deed) is deemed oo covenant and
agree to pay to the Corporation general assessments or charges as hereinafter provided.
General assessments are assessments for the Common Expenses of the Corporation. The
general assessments together with interest, costs, late fees and reasonable attorneys' fees,
shall be a charge and lien on the land and shall be a continuing lien upon the real property
against which each such assessment is made. Furthermore, each such assessment, together
with interest, costs, late fees and reasonable attorneys' fees, shall also be the ppersonal
obligation of the person who was the owner of the Lot or other real property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall not
pass to a successor in title to a Lot or other real property unless expressly assumed b them
but, subject to the provisions of these Protective Covenants, delinquent assessments shall
continue to be a lien upon such Lot or other real property.
1. Within thirtylWbe
3days of the establishment of the general assessment,
notice of the general assessment given to all members. After the initial notice of
assessment, the assessment shall become due and payable within thirty (30) days or as
otherwise provided by the Board of Directors.
2. Except as provided in Section 3 below and Article 12, all Common
Expenses shall be assessed a ainst each Owner of any Lot based upon the total built
upon area per lot in square feet as compared to the total built upon area of all the lots in
the Develo ment as provided in Article 15, Section p, Stormwater Runoff Regulations.
Each Lot in the Development shall share equally in the Common Expenses of the
Development so that the percentage of liability for the Common Expenses allocated to
each Lot shall be proportionate to -the total built upon square footage of each Lot in
relation to the total built upon square footage of ail the Lots within the Development.
3. Any Common Expenses associated with the maintenance, repair,
replacement or services provided by the Corporation to an individual Lot or Lots at the
request of the Lot Owner(s) shall be assessed against the Lot(s) which benefits from the
service, maintenance repair or replacement. If a Common Expense is caused by the
misconduct of a Lot 6wner, the Corporation may assess that expense exclusively against
such Lot Owner; or, if there is any expense directly attributable to a particular Lot by
virtue of activities or construction a on such Lot, the Corporation may assess such
expense exclusively against such Lot.
B. The general assessments levied by the Corporation shall be used
exclusively to improve, maintain, insure and repair the Common Areas, to pay the
expenses of the Corporation, to pay the cost of any insurance the Corporation
determines to purchase and to promote the recreation, health, safety and welfare of the
members, to pay taxes levied upon the Common Areas and for the purposes set forth in
Article 7 herein.
C. The Corporation shall upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Corporation setting forth whether the
assessments on a specified Lot have been paid. A properly executed certificate of the
Corporation as to the status of assessments on a Lot is binding upon the Corporation as
M

of the date of its issuance.
D. The lien of the assessments provided for herein shall be subordinate to the
lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien.
However the sale or1ransfer of any Lot pursuant to foreclosure of a first mortgage, shall
extinguish the lien of such assessments as;to payments which became due prior to such
sale or transfer. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
E. Declarant shall be exempt from the payment of the ggeneral assessment fee
for any unsold Lot(s) which are platted of record in the office of the Register of Deeds of
New Hanover County, during the period ending , 20
F. At the time title is conveyed to an Owner by Declarant, each Owner shall
contribute to the Corporation as working capital an amount equal to L—)
months assessments. Such funds shall be used for initial operating an capita expenses
of the Corporation, such as prepaid insurance, supplies, and the Common Areas and
facilities, furnishings, and equipment, etc.,Amounts paid into the working capital fund
are not to be considered as advance payment of regular assessments. All working capital
funds shall become part of the general operating and reserve funds of the Corporation.
G. The general assessments provided for herein shall commence on the date
of conveyance of each Lot to an Owner other than Declarant. The first general
assessment shall be adjusted accordin to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of the general assessment
against each Lot at least thirty (3o) days in advance of each general assessment period.
Written notice of each general assessment shall be sent to every Owner subject thereto.
The due dates shall be established by the Board of Directors. The Board of Krectors
shall require the general assessments to be aid at least annually, but may require the
general assessments to be paid more often. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of tl'ie Association setting
forth whether the assessments on a specified Lot have been paid.
ARTICLE 9
SPECIAL ASSESSMENTS
Special assessments may, be levied a ainst Lots or other real pro erty for such
reasons as are provided in these Protective covenants, the Articles or tTe By-laws and on
such terms as provided by the Board of Directors or the members. The Declarant for
each Lot of other real proper�y owned and platted as part of the Development, hereby
covenants and each Owner ofany Lot by acceptance of a deed for same Twhether or not
it shall be so expressed in such deed) is deemed to covenant and agrees to pay to the
Corporation special assessments or charges as hereafter prorated. The special
assessments, to ether with interest costs late fees and reasonable attorneys fees, shall
be a charge and lien by the land ana shall�e a continuing lien upon the Lot(s) against
which each assessment is made. Furthermore, each such assessment together with
interest, costs late fees and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the owner of the Lot or other real property at the time
when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to a successor in title to a Lot or other real property unless expressly assumed
by them but, subject to the provisions of these Protective Covenants, delinquent
assessments shall continue to be a lien upon such Lot or other real property.
ARTICLE io
INDIVIDUAL ASSESSMENTS
Individual assessments may be assessed against specific Lot(s) or property. In the
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event an Owner fails to comply with the provisions of these Protective Covenants the
Articles, By-laws or Rules and Regulations of the Corporation, the Corporation, through
its Board of Directors, may perform such required task or remedy such matter, or assess
a fine for such failure to comply and may levy the cost of such fine, performance, or
remedy against the Owner( sand the Owner's property as an individual assessment.
The individual assessments, together with the special assessments, together with
interest costs, late fees and reasonable attorneys fees, shall be a charge and lien by the
land a a shall be a continuing lien upon the Lot(s) against which each assessment is
made. Furthermore, each such assessment, together with interest costs, late fees and
reasonable attorneys' fees shall also be the personal obligation of the person who was
the owner of the Lot or ogler real property at the time when the assessment fell due. The
personal obligation for delinquent�assessments shall not pass to a successor in title to a
Lot or other real property unless expressly assumed by them but, subject to the
pprovisions of these Protective Covenants, delinquent assessments shall continue to be a
Iien upon such Lot or other real property.
ARTICLE 11
LIEN FOR ASSESSMENTS
Any general, special or individual assessment, if not paid within thirty (3o) days
after the date such assessment is due, together with interest at the maximum rate
allowed by law, costs of collection court costs, late fees and reasonable attorneys fees
shall constitute a lien against the Lot upon which such assessment is levied. The
Corporation may record notice of the same in the Office of the Clerk of Superior Court of
New Hanover County or file a suit to collect such delinquent assessments and charges.
The Corporation may file Notice of Lis Pendens bring ring an action at law against the
Owner personally obli ated to pay t e same ana or bring an action to foreclose the lien
against the Property. Owner may waive or otherwise escape liability for the
assessments provided for herein.
ARTICLE 12
COMPLIANCE WITH THESE PROTECTIVE COVENANTS THE ARTICLES
AND THE BY-LAWS OF THE CORPORATI6N
In the case of failure of an Owner or his agents, lessees, employees, licensees,
invitees, to compply with the terms and provisions contained in these Protective
Covenants, the Articles, Bylaws or the Rules and Regulations of the Corporation, the
following relief shall be available:
A. The Declarant, its successors and ass i ns the Corporation, an aggrieved
Owner or Owners within the Development on beha& of the Corporation, or any Owner
on behalf of all the Owners within the Development shall have fhe right to enforce by
any proceeding at law or in equity, all of the conditions, covenants and restrictions of
these Protective Covenants and the Articles, By-laws and Rules and Regulations of the
Corporation and bring an action and recover sums due, damages, injunctive relief,
andZor such other and further relief as may be just and appropriate. The Corporation
shall be entitled to recover all costs, including attorneys' tees if it is the prevailing party.
B. The Corporation shall have the right to remedy the violation and assess the
costs of remedying same against the offending Owner as an individual assessment.
C. If the violation is the nonpayment of any general, or special or individual
assessment, or failure to comply with these Protective Covenants, the Articles, or By.
laws, the Corporation shall have the right to suspend the offending Owner's voting rigghts
and the use by such Owner, his agents, lessees, employees, licensees and invitees of tfie
Common Areas in the Development for any period during which an assessment against
the Lot remains unpaid. If the violation is the infraction of the Corporation's published

Rules and Regulations, the Corporation shall have the right to suspend the offending
Owner's voting rights or the use by such Owner, his agents, lessees employees, licensees
and invitees of the Common Areas of the Development for a period not to exceed sixty
(6o) days.
D. The Corporation may establish a schedule of penalties and fines for the
violation of these Profective Covenants, the Articles, By-laws and Regulations. If the
Owner does not pay the fine within fifteen (1 ) da s the fine shall be an individual
assessment against Owner's Lot(s) and may Ie en orced by the Corporation in
accordance with Article io herein.
E. The remedies provided by this Article are cumulative, and are in addition
to any other remedies provided by law.
F. The failure of the Corporation or any person to enforce any restriction
contained in these Protective Covenants, the Articles or the By-laws shall not be deemed
to waive the right to enforce such restrictions thereafter as to the same violation or
subsequent violation of similar character.
ARTICLE 1'i
PROPERTY RIGHTS OF LOT OWNER- CROSS -EASEMENTS,
AND EXCEPTIONS AND RESERVATIONS BY DECLARANT
A. Every Owner of a Lot or other real property within the Development, as an
appurtenance to such Lot, shall have a perpetual easement over and upon the Common
Areas within the Development for each and every purpose or use to which such Common
Areas were intended as determined by their type, or for which such Common Areas
generally are used. Such easements shall be appurtenant to and shall pass with the title
to every Lot located within the Development, whether or not specifically included in a
deed thereto, subject to the following provisions:
i. The Corporation shall have the right to suspend the voting rightsof an
Owner and the use by such Owner, his agents, lessees, employees ,licensees and invitees
of the Common Areas within the Development for any period during which any due
assessment against such Owner's property remains unpaid or such Owner, his agents,
lessees, employees licensees, and invitees fail to comply with these Protective Covenants,
the Articles, or By-laws of the Corporation. The Corporation shall also have the right to
suspend the voting rights of an Owner and the use by such Owner, his agents, lessees,
employees licensees, and invitees 'of the Common Areas for a period not to exceed sixty
h6o days �or any infraction of the Corporation's Rules and Regulations by such Owner,
is agents, lessees, employees, licensees and invitees.
2. The right of the Corporation to dedicate or transfer all or part of the
Common Area to any public agency, authority, or utility for such purposes and subject to
such conditions as may be agreed fo by the Corporation;
3. The right of the Corporation to formulate, publish and enforce rules
and regulations for the use and enjoyment of the Common Area and improvements
thereon, which regulations may further restrict the use of the Common Area and the right
of the Corporation to establish penalties and fines for any infractions thereof.
4. The right of the Corporation, in accordance with its Articles and By-
laws, to borrow money for1he purpose of improving the common area and facilities and
carrying out its maintenance responsibilities and in aid thereof to mortage said
propert , and the rights of such mortgages in said properties shall be subordinate to the
rights ofthe Owners hereunder. The storm water retention pond or pond; and, the North
Carolina Department of Environment and Natural Resources stormwater permit # SW
SW8 050304 shall be transferred to the Corporation and the Corporation shall accept
conveyance of the same and the Corporation is vested with all maintenance rights and

obligations associated with said permit and all duties, obliggations, rights and privileges
under any water, sewer, storm water and utility agreements and permits for the pon7d and
Common Areas with municipal or overnin tal agencies or public or private utility
companies shall be the duties, righ s, obligations, privileges and the responsibility of the
Association, not
that such agreements, easements or permits have not been
assigned or the responsibilities thereunder specifically assumed by the Association.
There are additional provisions made in this Agreement concerning storm water facilities
and the Stormwater Permit.
To the extent as maybe allowed by Division of Water ualittyy ((DWQ) and
North Carolina Department of Environment and Natural Resources%EHNIZ), Declarant
does hereby assign, and the Owners and the Association does hereby accept assignment
of such agreements, easements and permits.
B. The Corporation hereinafter may grant easements for utility and other
proper purposes for the benefit of the Development and the property now or hereafter
located thereon, over, under, along- and through the Common Areas. Provided however,
that no such grant of easement shall have a material adverse effect on the use, njoyment
or value of any Lot.
C. Declarant shall have the right, at its election, without the consent of any
Owner or Owners, to bring within the coverage and operation of these Protective
Covenants additional properties as may be developecr n the future, which real property is
located within a one (1) mile radius of and adjacent to and contiguous with the
Development. The addition of property authorized hereby shall be made byy filing of
record in the Office of the Re ister of Deeds of New Hanover County, North Carolina, a
Supplemental Declaration of -Protective Covenants with respect to the additional
troperty which shall extend the operation and effect of the covenants and restrictions of
hese Protective Covenants to such additional prope .. The Supplemental Declaration
may contain such complementary additions and modcations of the covenants and
restrictions contained in these Protective Covenants as may be necessary or appropriate
in the sole judgment of the Declarant to reflect the different character, it any, oft the
added properties and as are not inconsistent with the plan, intent and spirit of these
Protecfive Covenants.
D. The rights reserved by Declarant herein and all annexed Sections include
the right to change, alter or designate roads, 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 of the Declarant, be necessary, or desirable, except
that the Declarant shall have no right to change, alter or redesignate the character of the
use of the Lots within the Development.
E. Easements and rights of way over and upon the rear, front and side
(T') feet of each Lot for drainage or the installation and maintenance of utility
services or other proper purposes.shall be reserved exclusively to Declarant for such
purposes as Declarant may deem incident and appropriate to its overall development
plan, such easements and rights of way are reserved in the deed for each articular Lot or
section affected by such easements or described in the plat of the particular Lot or
section. The easements and right of way areas reservedby Declarant pursuant hereto
shall be maintained continuously by the Owner but no structures, plantings or other
material shall be placed or permitted to remain upon such 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
without the approval of the Declarant. Improvements within these areas also shall be
maintained bypthe respective Owner except those for which a public authority or utility
company is responsible. The Declarant shall have no maintenance responsibilities for
such easement areas.
F. An easement is hereby granted to all police, fire protection, ambulance and all
similar persons, companies or agencies performing emergency services to enter upon the

Lots and Common Area in the performance of their duties.
G. An easement for the access, ingress, and egress is hereby ranted to serve
droperties in the general area over, on, upon, through and across the Common Elements esignated Access, Drainage & Utility Easement".
H. An easement is hereby established over all Lots and Common Area for the
benefit of applicable governmental agencies for the setting, removing and reading of
water meters, maintaining and replacing water, drainage and drainage facilities, fire
fighting, law enforcement, garbage collection and the delivering of mail.
I. An exclusive easement is hereby established in favor of Declarant over all
Common Areas for access to adjacent properties for the purposes of future development
and the installation of streets and public utilities, if any.
J. An easement is hereby established in favor of Declarant and the Association
for the installation and maintenance of drainage lines, water lines of all types, and any
other utilities located in the said "Access, Drainage, & Utility Easement".
K. All easements and rights described herein are easements appurtenant,
running with the land, and shall inure to the benefit of and be bindin on all
undersigned, its successors and assigns, and any Owner, purchaser, Mortgaggee and other
person having an interest in said land, or any part or poifion thereof re ardless of
conveyance, or in any mortgage or trust deed or other evidence of ob)iga-tion to the
benefit of and be binding on the undersigned, its successors and assigns, and any Owner,
purchaser, Mortgagee and other person having an interest in said land, or any paor
portion thereof, regardless of whether or not reference to said easement is madert in the
respective deeds of conveyance, or in any mortga e or trust deed or other evidence of
obligation, to the easements and rights describedgin these Protective Covenants.
ARTICLE 14
ARCHITECTURAL STANDARDS
The architectural control of construction within the Development is vested in the
Declarant, until such time as the Declarant no longer owns any portion of the pro erty
within the Development or when assigned to Cor oration by Declarant, at whichMe,
architectural control will be placed in the hands ofthe Board of Directors of the
Corporation and at which time, the Board of Directors shall assume the role of the
Declarant as set forth in this Article.
A. No construction, which term shall include within its definition clearing,
excavation, grading and other site work, shall take place except in strict compliance with
this Article, until the requirements thereof have been fully met, and until the approval of
the Declarant has been obtained.
B. The Declarant shall have exclusive jurisdiction over all original construction
on any Lot and later changes or additions after initial approval thereof together with any
modifications, additions or alterations subsequently toe constructed on any Lot or
made to any improvements initially approved
C. No structures, buildings, or improvements shall be commenced, erected, or
maintained upon the Properties, nor shall any exterior addition to or change or alteration
therein be made, includin change of color until the plans and specifications showing the
nature, kind, sha e, heigh s, materials, and location of the same 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 Declarant, or by an architectural
committee composed of three (3) or more representatives appointed by the Declarant.
structures buildings and improvements shall include, but nol be limited to any building,
fence, wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe,
drainage canal, ditch, swa e, catch basin, sign, flag pole, exterior illumination, monument
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or marker, outdoor statuary exterior lights security lights, storm door, well utility
facility, mailbox, screening �or outdoor trasb cans or other purposes, sprinkler system,
driveway, outdoor decorative objects, shrubbery or landscaping.
D. The Declarant shall have the absolute and exclusive right to disapprove any
plans, specifications or details submitted to it in the event the same are not in accordance
with any of the provisions of these Protective Covenants and the architectural guidelines;
if the design, color scheme or location upon the Lot or Lots of the proposed
improvements are not in harmony with the general surroundings or adjacent structures;
if the plans or specifications submitted are incomplete; or in the event the Declarant
deems the plans, specifications or detail, or any part thereof, to be contrary, to the best
interests, welfare or rights of all or any part of the real property subject to these
Protective Covenants or the Owners thereof.
E. The Declarant shall approve or disapprove plans, specifications and details
submitted in accordance with its procedures and architectural guidelines and the
decisions of the Declarant shall be final and not subject to appeal or review. Provided,
however, that plans, specifications and details revised in accordance with the Declarant's
recommendations may be resubmitted for determination by the Declarant.
F. The Declarant, or its agent, shall have the right to inspect all construction
to ensure that it is performed in strict accordance with the approved plans, specifications
and details.
G. Nothing contained herein shall be construed to limit the right of an owner
to remodel the interior of his building or permitted pertinent structures, or to paint the
interior of the same any color desired.
H. Neither the Declarant nor the Board of Directors or any agent thereof shall
be responsible in any way for any defects in plans, specifications or details submitted,
revised or approved in accordance with the provisions contained herein or in the
guidelines, nor for any structural or other defect in any construction.
I. Owner shall be responsible to ensure that all constructions and structures
are built in accordance with all applicable federal, state and local statutes, ordinances,
regulations and rules.
ARTICLE 1.r;
LAND USE
Use of the Subdivision property and all improvements thereon shall be restricted
exclusively to those uses allowed the table of permitted uses contained in the Zoning
Ordinance for the City of Wilmington for an RB Regional Business District. Without
limiting the generality of the fore�oin , the following use restrictions shall be maintained
and enforced with respect to the ub ivision and all parcels or Lots therein:
A. Building Requirements:
1. All buildings and structures must meet the requirements of the
respective governmental building codes applicable thereto.
2. Since the establishment of standard inflexible building setback lines
in location of buildings on Lots tends to force construction of overlays directly to the side
of other buildings with detrimental effects on privacy, view, preservation of important
trees and other vegetation, ecolo ical and related concerns, no specific setback lines are
established by these.Protective Covenants. In order to assure, however, that the fore oing
considerations are given maximum effect, the Declarant reserves the right to select t e
precise site Location of each building or other structure on each Lot in its sole discretion
and to arrange the same in such manner and for such reasons as the Declarant deems
sufficient, provided, however, the Declarant shall make such determination so as to
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insure that the development of the Lots subject to these PROTECTIVE COVENANTS is
consistent with the provisions set forth herein.
3. The following items shall be submitted to Declarant for review and
approval thereof prior to any construction or improvements to the Property.
a. Land Plan for the Property, including the following:
(1) Location and orientation of structure.
(2) Circulation:
a Traffic flow and parking.
b Loading areas
Service areas
(3) Landscape and planting plan
b. Site Engineering Plan for the Property.
C. Architectural Plans for the Property including the following:
1 Building plans
2 E]evations
3 Specifications
4 Signs
Exterior lighting
Dumpster location and screening
All buildings shall be constructed to have a minimum set -back of
ace ot the ui�ing.
feet from any property line (other than a street right of way) to the
5. Once construction of a dwelling or other improvements are started
on any Lot, the improvements must be substantially completed in accordance with the
approved plans and specifications within ( months from commencement
unless Declarant otherwise approves in writing.
6. During construction,of improvements on any Lot, adequate portable
sanitary toilets must be provided for the construction crew.
7. Construction activityty on a Lot shall be confined within the
boundaries of said Lot. Each Owner shallhave the obligation to collect and dispose of all
rubbish and trash resulting from construction on his Lot.
8. The Board of Directors may fix an amount of an impact fee. The
impact fee shall be paid by all Owners at the time any plans, specifications or details are
submitted to the Declarant or the Board of Directors for approval in accordance with the
provisions of Article 15 herein. Such impact fee shall be held in escrow by the Corporation
and shall be used to pay any fines or individual assessments, including the costs of restorin
any damaged property restored to it's original condition. Any unused portions of the impact
fee shall bge returned to each Owner upon completion of work commenced in compliance
with Article 15 herein.
C. Parking Areas, Driveways and Loading Areas:
1. All parking areas driveways and roads must meet the requirements of
the respective governmental rules ana regulations applicable thereto.
2. Loading areas shall not encroach into set -back areas and shall be set
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back and screened to minimize the effect of their appearance from neighboring property and
the street.
D. Subdivision of Lots:
Lots maybe combined and Lot lines altered with approval from Declarant, but
no Lots may be subdivided in order to create additional Lots. Lots may also be subdivided
with approval from Declarant, subject to all applicable zoning and land use regulations.
Notwifhstanding the foregoing, the Declarant or its assigns may combine Lots, alter Lot lines
or create additional Lots.
E. Temporary Buildings:
No out -buildings of temporary or permanent character shall be built or allowed
to remain on any Lot unless specifically approved by Declarant.
F. Service Screening, Storage Areas:
Garbage and refuse containers will be concealed and contained within
buildinggs or shall be concealed by means of a screening wall or material similar to and
compatible with that of the building. These elements shallbe integral with the concept of the
building plan, be designed so as not to attract attention, and shall be located in the most
inconspicuous manner possible. Unless specifically approved by Declarant no materials,
supplies or equipment shall be stored on the Property except inside a closed building.
Exterior air-conditioning units and rooftop mechanical units shall be screened to minimize
the effect of their appearance from neighboring property and the street. No outside storage
or displays shall be allowed on any Lot(s) unless specifically approved in writing y
Declarant. Storage of non -business related property, including, but not limited to, campers,
boats, vessels or other types of recreational vehicles is strictly prohibited.
G. Power and Communication Lines:
All secondary power lines and communication lines on any site shall be placed
underground and no portion of any line shall be situated so as to be in public view unless
specifically approved by Declarant.
H. Antennas:
No mast or tower for an antenna, whether transmitting, receiving, or both, or
satellite disc shall be placed on any site or building unless specifically approved by Declarant.
In no event shall an antenna have a wooden mast or tower.
Storage Tanks:
No storage tanks, including but not limited to those used for storage of water
or propane gas, shall be permitted on any Lot except as specifically approved by-Oeclarant.
J. Mailboxes:
Declarant. No mailboxes shall be permitted on any Lot except as specifically approved by
K. Lighting:
All street and site li hting shall be approved by Declarant. The Corporation
will be obligated for monthly ligh� and maintenance bills for any lights on it's land.
L. Parking, Loading and Unloading:
No damaged vehicles shall be parked or stored in open areas of the Property.
Delivery vehicles (trucks, trailers, and/or vans) shall not be allowed to remain in the parking
ESN

area located in front of any building for extended periods of time.
M. Landscaping
All property shall be landscaped according to plans a proved by Declarant.
All shrubs, trees, grass and from of every kind shall be kept newly trimmed, properly
cultivated and free of trash and other unsightly material. Appropriate provisions shall be
provided by Owner for watering and other maintenance of the grounds.
N. Hobbies:
Hobbies or activities that tend to detract from the aesthetic character of the
Development and improvements used in connection with such hobbies or activities shall not
be permitted in open areas unless carried out or constructed as directed by Declarant. This
paragraph is intended to include, but not be limited to, such activities as automotive repair,
)oat repair and sports equipment placed on any Lot.
0. Advertising:
All signs for advertising or otherwise must be approved by Declarant.
P. Mineral Exploration:
Lot(s) shall not be used in any manner to explore for or to use any oil, or other
h drocarbons, minerals of any kind, gravel, earth or any earth substance or other mineral
o any kind.
Q. Stormwater Runoff Regulations:
The State of North Carolina has adopted Storm Water Runoff Regulations
applicable to the Property concerning stormwater runoff as these rules and regulations
are amended from time to time. In accordance with such regulations, the total amount of
impervious surface, or as defined by the Storm water regulations of the State of North
Carolina, is limited on every Lot. These regulations currently provide the land area of
each Lot will be restricted to Ninety percent (go%) of built upon area including
impervious surfaces. The limitations are set out herein in addition to the other
requirements for compliance with the State Storm Water Management Permit Number
SW8 0 0304 as issued by the Division of Water Quality. Declarant and the State of
North Carolina shall have specific authority to enforce the provisions of the North
Carolina Storm water regulations, and each Owner shall be required to limit the amount
of impervious surface on any lot owned by said Owner as set out herein. Further in
accordance with these regulations the Declarant has engineered a storm water plan for
said Lots which includes natural drainage Patterns and swales and for the general flow of
storm water. Each lot Owner shall be required to develop and maintain his lot in such a
manner that is consistent with this storm water plan.
The following restrictions and covenants are intended to ensure ongoing
compliance with State Storm water Management Permit Number SW8 050304, as
issued by the Division of Water Quality:
1. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the storm water management permit.
2. These covenants herein run with the land and are binding upon all persons and
parties claiming under them.
3 The covenants pertainingto storm water ma not be altered or rescinded
without the express written consent of the State of North Carolina, Division of Water
Quality.
4. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
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5. The maximum allowable built -upon area per lot is as follows:
Lot No. Lot Area Maximum Built Upon Area (BUA) (c) go%
Lot 1
1.37 ac
1.23 ac/53,710 SF
Lot 2
2.15 ac
1.94 ac/84,289 SF
Lot 3
1.26 ac
1.13 ac/49,397 SF
Lot 4
2.00 ac
i.8o ac/78,4o8 SF
Lot 5
3.84 ac
3.46 ac/150,543 SF
Lot 6
2.3o ac
2.07 ac/9o,169 SF
These allotted amounts include any built -upon area constructed within the lot
roperty boundaries, and that _portion of the right-of-way between the front lot line and
he edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, coquina and arking areas, but does not
include raised, open wood decking, or the water surface oly swimming pools.
6. Any runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through a variety of means includin : a piped
collection system, whish ultimately discharges into the stormwater facility; ap roppnate
gradin,g of the lot such that the built -upon surfaces drain into the stormwater facility; or
graded swales which collect the runoff -and direct it into the stormwater facility.
7. Each lot whose ownership is not retained by the permittee is re uired to
submit a separate stormwater permit application to the Division of Water 1Quality and
receive a permit prior to construction.
8. Declarant reserves the right to recalculate the maximum allowable built upon
area in accordance with the stormwater runoff rules and regulations of the State of North
Carolina. All drainage swales or patterns used to treat stormwater runoff as required by
the State of North Carolina may not be filled in, piped or changed without the consent of
the Declarant, it's designee the Association, or the State of North Carolina and shall be
maintained as set forth in §ection V below and Articles 4, 5, and 7.
R. Undeveloped Property:
Declarant shall maintain all undeveloped property in the Development in a
neat and attractive condition.
S. Destruction:
Any building, structure or improvement which is destroyed in whole or in
part by fire or other casualty shall be either rebuilt or tom down, and all debris removed.
The Lot shall be restored to a sightly condition with reasonable promptness, however, in
noevent shall such debris remain on such Lot longer than three (3) months. A temporary
privacy wall or fence must be built to screen the propertyy from view within seven (7) days
and such fence or wall must be approved in advance by fhe Declarant.
T. Municipal Water, Sewer Service and Utilities:
Municipal sewer service shall be provided by New Hanover County or other
municipal agency or department. Water service for the Development shall be provided by
a municipal aggency or department, or by licensed utility company. If water service to the
Lot is availal e from a municipal agency or department or a Ficensed utility company, all
-16-

Owners) must tie into and use such system and shall not use a private well. No private
well shall be permitted on any Lot except for irri ation purposes or if municipal or
community water service is not available. A well or irrigation purposes shall only be
allowed with the consent of the Declarant or Committee.
U. Maintenance:
1. All buildings will be permanently maintained in a neat, orderly, and
presentable fashion. If, in the opinion of the Corporation or the Declarant, any Owner
shall fail to maintain any Lot owned by him in a manner which is reasonably neat and
orderlyor shall fail to keepimprovements constructed thereon in a state of repair so as
not toe unsightly all in the sole opinion of the Corporation or the Declarant the
Corporation in its discretion, by the affirmative vote of a majority of the members of the
Board of Directors, or the Declarant, in its discretion, and following ten (1o) days written
notice to Owner, may enter upon and make or cause to be made repairs to such
improvements andperform such maintenance on the Lotas the removal of trash, cutting
of brass, pruning of shrubbery, weeding and items of erosion control. The Corporation
shall have an easement for the purpose of accomplishing the foregoing. The reasonable
cost incurred by the Corporation in rendering all such services, plus a service charge of
fifteen percent (15%) of such cost, shall be added to and become an individual assessment
to which such Lot is subject as provided in Article 10 herein.
2. The Owner of each Lot shall keep the Lot mowed regularly and clear
of any unsightly objects and in the event that the Owner of any Lot within the said
Development breaches this restriction, the Declarant and Corporation reserve the right to
enter upon the Lot and mow the grass, clean up the Lot and remove unsightly structures
and objects at properly Owner's expense as provided in Paragraph 1 above. Where Lots
border on or contain ditches, drainage canals or swales, the Owner of each Lot shall keep
that area, includin the slopes, down to the edge of the water, mowed and maintained
regularly. Washous or erosions on the Lots adjoining ditch banks and swales to
pavement shall be properly tended to by the respective Lot Owner. This obligation and
right may be enforcedby the Corporation or any Owner as provided in Articre 12 herein.
ARTICLE 16
STORMWATER PERMIT/FACILITIES
A. Stormwater Permit. The Association and each of its Members agree that at
an ime after i a wor required under the Stormwater Permit has been completed
(ot�er than operation and maintenance activities), and (ii) Declarant is not prohibited
under DENR regulations from transferring the Stormwater Permit to the Association, the
Association's Manager shall without any vote or approval of Lot Owners and within ten
(10) days after being re nested to do so will sign alldocumentsrequired by DENR for
thhe Stormwater Permit o be transferred to the Association. If the Association fails to
sign the documents required by thisparagraph, Declarant shall be entitled to specific
performance in the courts of North Carolina requiring that the Association Manager
signs all documents necessary for the Stormwater Permit to be transferred to the
Association. Failure of the Manager to sign as provided herein shall not relieve the
Association of its obligations to operate and maintain the stormwater facilities covered by
the Stormwater Permit.
B. Stormwater Facilities The stormwater retention pond and related facilities
which have been constructed by or on behalf of Declarant constitute Common Elements
and, subject only to the provisions of Section C of this Article 16, the Association at it's
sole cost and expense, is responsible for the operation and maintenance of such facilities.
Except as provided in Section C of this Article 16, the Association shall indemnify and
holdharmless the Declarant from any obligations and costs under the Stormwater
Permit, and any related permits, for operation and maintenance of the stormwater
retention pond' and relafed facilities.
C. Damage to Storm Water Facilities. The Declarant shall at its sole cost and
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expense be responsible for repairing any damage to storm water pond facilities caused by
the Declarant's development activities in the general area. Declarant shall not be
responsible for damages to stormwater retention ponds and related facilities caused by
any other cause whatsoever including but not limited to construction or other activities
b Owners their agents an
contractors, upon their Lots, acts of God, and the negligence
o others. �.ot Owners shall be responsible for damages to such storm water
facilities caused by construction of buildings or other activities upon the Owner's Lot.
Each Owner, shall within thirty (308 days after receipt of notice of damage to stormwater
facilities, repair the damage at the wner s sale cost and expense to return the pond to
the state required specifications regqired by the storm water plans and specifications for
the pond. It -the Lot Owner fails to do so within said thirty (36) day period, the
Association shall perform the work and the cost of the work shall automatically become
an Assessment due from the Owner.
D. Enforcement Of Storm Water Runoff Regulations. No Lot, nor that
portion o the any street or roa rig t o way between the edge of the pavement and the
any Lot lines shall be covered by impervious structures, including asphalt, gravel,
concrete, brick, stone, slate or similar material in excess of the that allowed by the
Stormwater Permit.
Alteration of the drainage as shown on the plans and specifications submitted to
obtain the Stormwater Permit is prohibited without the consent of DWQ, the Lot
Owners, and Declarant.
These covenants run with the land and are intended to insure continued
compliance with the Stormwater Permit. Therefore, these covenants as they pertain to
the Stormwater Permit may not be changed or deleted without the consent oyDWQ, the
Lot Owners, and Declarant. The provisions of the Stormwater Permit are incorporated
herein by reference and all parties hereto, their successors in title and assi ns, are
required to refrain from taking any action which will be in violation of the erms of
Stormwater Permit.
ARTICLE 17
AMENITIES AND FACILITIES
Every dedicated access and an other amenity appurtenant to the Development,
whether or not shown and delineatedonany recorded Oat of the Development, shall be
considered private and for the sole and exclusive use of the Owners of Lots or property
within the Development. Neither Declarant's execution nor the recording of any plat nor
any other act of Declarant with respect to such areas is, or is intended tote, or shall be
construed as a dedication to the public of any such areas, facilities or amenities.
ARTICLE 18
VAM.-UNA MU
No provision contained in these Protective Covenants, the Articles or the By-laws,
shall be deemed to have been waived, abandoned, or abrogated by reason of failure to
enforce them on the part of any person as to the same or similar future violations, no
matter how often the failure to enforce is repeated.
ARTICLE 19
VARIANCES
The Declarant and the Board of Directors in its discretion may allow reasonable
variances and adjustments of these Protective Covenants in order to alleviate practical
difficulties and hardship in their enforcement and operation. Any such variances shall
not violate the spirit or the intent of this document to create a Development of Lots

owned in fee by various persons with each such Owner having an easement upon areas
owned by the Corporation.
ARTICLE 20
DURATION, AMENDMENT AND TERMINATION
A. Lots. Persons and Entities Subiect to these Protective Covenants. All
present and future wners, tenants and occupants ot Lots and their guests or invitees,
licensees, employees or agents shall be subject to, and shall comply with the covenants,
conditions, restrictions and affirmative obli ations set forth in these Protective
Covenants, and as these Protective Covenans 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 these
Protective Covenants are accepted and ratified by such Owner, tenant or occupant and
that they will fully comply with the terms and conditions of said Declaration. The
covenants, conditions, restrictions and affirmative obligations of these Protective
Covenants shall inure to the benefit of and be enforceable by the Corporation or the
Owner of any Lot their respective legal re resentatives, heirs, successors andf assigns, for
a term of twenty (20) Years from the date these Protective Covenants are recorded in the
New Hanover County Registrryy, after which date these Protective Covenants shall be
extended for successive periods of twenty (20) years, unless a majority of the then
Owners agree to revoke the same, and the covenants, restrictions, conditions and
affirmative obligations of these Protective Covenants shall run with and bind the land
and shall bind any person having at any time any interest or estate in any Lot as though
such provision were made a part of each and every deed of conveyance or lease.
B. Amendment. At an time prior to December a1, 20 or until all Lots
are sold, these Protective ovenanis maybe amended by Declarant in —its discretion.
Retention of this right by the Declarant 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.
Thereafter, these Protective Covenants may be amended by vote of not less than sixty
percent (6o%) 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 these
Protective Covenants be amended so as to alter any obligation to pay ad valorem taxes or
assessments forpublic improvements, as herein provided, or affect any lien for the
payment thereofestablishedherein, or so as to deprive Declarant, its any
or
successors and assigns of any rights herein granted or reserved unto Declarant. In
addition, the Declarant may amend these Protective Covenants to annex additional
property and make it subject to the terms, conditions, restrictions, obligations and
covenants of these Protective Covenants as provided in Article 11 herein.
C. Invalidation of any one of these covenants or Protective Covenants by
dgment or court order shall in no way affect any other provisions which shall remain i n nlull force and effect.
ARTICLE 21
CAPTIONS
The capitals preceding the various Articles of these Protective Covenants are for
the convenience of reference only,and shall not be used as an aid in interpretation or
construction of these Protective ovenants. As, used herein, the singular includes the
plural and where there is more than one Owner of a Lot, said Owners are ointly and
severally liable for the obligations herein imposed. Throughout these Protective
Covenants, references to the masculine shall be deemed to include the feminine the
feminine to include the masculine nd the neuter to include the masculine and feminine.
-19-

ARTICLE 22
LIBERAL CONSTRUCTION
The provisions of these Protective Covenants shall be construed liberally to
effectuate its purpose of creating a Development of fee simple ownership of Lots and
buildings governed and controlled by rules, regulations, restrictions, covenants,
conditions, reservations and easements administered by an Owners' association with
each Owner entitled to and burdened with the rights and easements equivalent to those
of other Owners.
ARTICLE 2�
CONFLICT
In the event of any irreconcilable conflict between these Protective Covenants and
the Bylaws of the Corporation the provisions of these Protective Covenants shall control.
In the event of any irreconcilable conflict between these Protective Covenants or the By-
laws and the Articles, the provisions of the Articles shall control.
ARTICLE_24
SEVERABILITY
Invalidation of anyone of these covenants or restrictions by judgment or any court,
agenc or legislative order shall in no wayaffect any other provision, covenants, conditions
or restrictions contained in these Protective Covenants.
ARTICLE 25
ASSIGNABILITY OF RIGHTS AND LIABILITIES
Declarant shall have the right to sell, lease, transfer, assign license and in any manner
alienate or dispose of any rights, interests and liabilities retained, accruing and reserved to
it by these Protective Covenants. Following any such disposition, Declarant in no way shall
be Table or responsible to any party with regard to any such right, interest, or liability or any
claim or claims arising out of same in any manner.
IN TESTIMONY WHEREOF, John A. Elmore, II, Lionel L. Yow and wife, Connie Sl
Yow, and Duke Gene, LLC, have caused this
year first above written.
ELMORE, II
—0(ap"Izti
Fm_o_r_e_,lT
-20-

CONNIE S. YOW
r
By:
Connie S. Yow
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Mow-4 V— C+Na.rf , A Notary Public for said Count�yy and State,
d• hereby certity that enry i er, r. , anager of Duke Gene, LLC, a limited liability
comppany, personally appeared before me this day and acknowledged the due execution of
the foregom�instrument on behalf of the company.
,• SSHA .�JSS my hand and official stamp or seal, this 93 day of � ,
20 P•'
taOTA4 •:�-+ jC
ice` �. r i
I rM : p • Notary Public
1-,4- L 03LIC
My` i�;.s:o7> es:
�`h,�ER
rM4YMM
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, mq-�r s ho, 1(. ��r�-r-� , a Notary Public in and for the State and
Coun afg,�6ea�, chi that John more, I personally appeared before me this day
and ac . Od due execution of the foregoing instrument.
.•��;' WIZ'A�b' my hand and official seal this 23'day of rYb-+rc�►
200�. OOTARk ;
N � �•� ; U i /
'°UBL%G • zt ay IC�
. s
`�titiq ••... ••'Sta�,+Notary Public
My Com; �CKires:
-21-

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
C'. �t , a Notary Public in and for the State and
County aforesald; chi that Lone ow personally a peared before me this day and
acknowledge tb,due execution of the foregoing instrumenif.
.w'ww wA�►
e my hand and official seal this ;2day of h` "C k
20054 �5; •. ;
TAR y - '
. U ' IC —, G z ;
�� PUB►-� .:O kNotary Public
My Co;�vs: -a- )-oo9
•�r4rr�.M
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary Public in and for the State and
County aforesald, do certl tat Connie . ow personally appeared before me this day and
acknowledge the due execution of the foregoing instrumenn
w'~wwnw~~,►
x WQiESS my hand and official seal this 23- day of Ma A ckv
200 S .....
�.QQ.`..•
.,,9
• ;��
e :• *OTAI?k
■
4'UBL%C Z; Notary Public
s .' •
My 4417 i sires: a- .2 - a o o q
-22-