SW8930303_Current Permit_20031120

OF VJATF9 Michael F. Easley, Governor
William G. Ross Jr. Secretary
� North Carolina Department of Environment and Natural resources
IR5;_610_� Alan W. Klimek, P.E.,Director
'� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 20, 2003
Mr. Rodney Q. Harris
Dallas Harris Real Estate
PO Box 531 '
Wrightsville Beach, NC 28480
Subject: Approved Plan Revision
Covil Estates -Snug Harbour & Key Colony
Stormwater Project No. SW8 930303
New Hanover County
Dear Mr. Harris:
On November 14, 2003, the Wilmington Regional Office received a proposed plan
revision for Stormwater Management Permit Number SW8 930303. The revisions
include a layout and grading change with the addition of a curb outlet swale in Section
3, Lots 60-65, the deletion of Lots 40 and 41 R in Section 2, and the replatting of Lots 34
and 35 in Section 2. It has been determined that a formal permit modification is not
required for the proposed changes. We are forwarding you an approved copy of the
revised plans for your files. Please replace the old approved plan sheet with the new
one.
Please be aware that all terms and conditions of the permit. issued on November 26,
1996, remain in full force and effect. Please also understand that the approval of this
revision to the approved plans for the subject State Stormwater Permit is done on a
case -by -case basis. Any other changes to this project must be approved through this
Office prior to construction. If it is your desire to officially transfer the stormwater permit
to the HOA, please call me to schedule a meeting with everyone involved.
If you have any questions concerning this matter, please do not hesitate to call me at
[phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWA-RREVISION1930303.nov03
cc: T ony Roberts, New Hanover County Building Inspections
Linda Lewis
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional office Wilmington, NC 28405 [phone] Fax [phone]

A&K Project 93167
STORMWATER & BUFFERYARD
PERMANENT DESIGNATION OF NO DEVELOPMENT
PEBBLE COVE SUBDIVISION
& SNUG HARBOR 0 COVIL ESTATES
The area designated as bufferyard on approved plans for
Pebble Cove Subdivision (NC DEM project no. 930915)
Harbor @ Covi 1 Estates {NC nEM PrOJ-1eot !10= 9Ci-).s0?3) prepared
by Andrew & Kuske Consulting Engineers and signed 9/23/93
will remain undeveloped. We understand any revisions will
have to be submitted for review to D.E.M.
NOTARY'S CERTIFICATION
State of _Joer* 69OLiMA
County of 4t &
I, :Yf-f--►A W l' LtrAAA , a Notary Public
in and fo t e State and County aforesaid, certify that
o personally appeared before me
this d y and acknowledged the due execution of the foregoing
instrument.
W TNESS my hand and notarial seal, this the ,Q_ day
of chicMdAIL , 1993.
My �omss�io�n Expires:
y
E CIEUV kjnl
U
W DEC 0 3 1993
�oJ � D U 3a3 � g36q/s
No ry Public
Cr
�' pOiARY• �.
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(Nu BOOK
\ ;, 6
STATE OF NORTH CAROOLINA
COUNTY OF NEW HANOVER
RECORD_ i .:�' J li 'rEP' F,ED
��
PAG E
REG'iS T Ea OF DEED"
12 1 5 NEW HANOVt° CO. NC.
'94 AUG 15 Pal 4 29
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF KEY COLONY AT COVIL ESTATES
THIS AMENDMENT TO DECLARATION, made and entered into this 15th
day of August, 1994, by DALLAS HARRIS REAL ESTATE -CONSTRUCTION
INCORPORATED, a North Carolina corporation, herein referred to as
Declarant.
W I T N E S S E T H•
THAT, WHEREAS, Declarant is the owner of certain lots in Key
Colony at Covil Estates, as the same are shown on a map thereof
recorded in Map Book 33 Pages 59 in the Office of the Register of
Deeds in New Hanover County, North Carolina, reference to which is
hereby made for a more particular description; and,
WHEREAS, Declarant heretofore executed a Declaration of
Covenants, Conditions and Restrictions of Key Colony at Covil
Estates and caused the same to be recorded in Book 1667, Page 623
of the New Hanover County Registry, (herein the "Declaration");
and,
WHEREAS, the Declaration provides in Article XI, Section 6.d,
that so long as the Declarant retains control of the Association
the Declarant
shall have the right to amend this Declaration -to conform to
requirements of any law or governmental agency having legal
jurisdiction over the property or to qualify the property or
any lots and improvements thereon for mortgage or improvement
loans made, insured or guaranteed by a governmental agency or
000232 to comply with the requirement of law or regulations of any
corporation or agency belonging to, sponsored by, or under the
substantial control of the United States Government or the
State of North Carolina, regarding purchase or sale of such
lots and improvements, or mortgage interests therein, as well
as any other law or regulation relating to the control of the
property, including without limitations, ecological controls,
construction standards, aesthetics, and matters affecting the
public health, safety and general welfare; and
WHEREAS, the Declarant has determined that the use
restrictions in Article VIII of the Declaration should be amended
to conform to certain storm water run off rules and regulations
promulgated by the Department of Environment, Health, and Natural
Resources of the State of North Carolina; and
WHEREAS, the Declarant presently retains control of the
Association; and
WHEREAS, the Declarant now desires to amend the use
restrictions in Section 3 of Article VIII to conform., to the rules
and regulations of the State of North Carolina as indicated in
Exhibit A which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, the Declarant does hereby amend the
Declaration of Covenants, Conditions and Restrictions of Key Colony
at Covil Estates recorded in Book 1667, Page 623 of the New Hanover
County Registry by deleting Section 3.entitled "Building Type" and
inserting in its place the following:
MA 0=1aft SECTION 3.
1.1
STORMI.AAff No more than 3,510 square feet of any lot shall be
covered by structures and/or paved surfaces, including
u U walkways or patios of brick, slate or similar materials,
D t specifically excluding walkways and decks of wood
AUG 8 1994
RETURNED To
��oj

500 K PAGE
1801 1216
provided that such walkways and decks are constructed in
such a manner as to allow storm water run off to
infiltrate the soil beneath the same. This covenant is
intended to insure compliance with storm water run off
rules heretofore adopted by the state of North Carolina.
Accordingly, its provisions may be enforced by the State
of North Carolina.
Except as amended. hereby the Declaration of Covenants,
Conditions, and Restrictions_of Key Colony at Covil Estates shall
remain in full force and effect.
IN TESTIMONY WHEREOF, Declarant has caused this instrument to
be executed in its corporate name and its corporate seal affixed by
its duly a1 V0&'1V 2ia4 officers all the day and year first above
written. ve,°<- COlysTfroi,�
Mh^yti.•PO' •.;QG�+�•��, DALLAS HARRIS REAL ESTATE-
b Q• �O R,q��•: CONSTR'JC N INCORPORAT
�",.
?�
�x: � B
i °lo b e-President
Attest: .':.;�, c: r;�•: '•.��
L
Asst. Sec et ry
(Corporate Seal)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public in and for he
county afor said do hereby certify that
personally came before me this day and acknow edged thetdsh& is
Asst. Secretary of DALLAS HARRIS REAL ESTATE -CONSTRUCTION
INCORPORATED, a North Carolina corporation, and that by authority..
duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Vice -President, sealed
with its corporate seal and attested by her as its Secretary.
Witness my hand and official stamp or seal, this the 15th day
of August, 1994.
OFFICIAL SEAL l 1 1
Not, Public North Carolira � N tart' Public
OM4
PHYLLIS E. WILLIAMS
.ire i v.t 20. 199�
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER �%
The foregoing Certificate(s) of ,
Notary Public, is certified to be correc This instrument and
this certificate are duly registered at e date and time and in
the Book and Page shown on the first page hereof.
This the 15th day of August, � j�
Register o eeds for I�Tew Hanover County
by:

t A( VA 0
3OOK PAGE
8 0 1 12 1A&K PROJECT NO. 93034
COVIL ESTATES SUBDIVISION, PHASE I
WRIGHTSVILLE BEACH, NORTH CAROLINA
DEED RESTRICTIONS
No more than 3,510 square feet of the property associated
with each lot of this project inclusive of right-of-ways
shall be covered by structures and/or paved surfaces,
including walkways or patios of brick, slate or similar
materials, but specifically excluding walkways and decks•of
wood provided that such walkways and decks are constructed
in such a manner as to allow stormwater runoff to.infiltrate
the soil beneath same. This covenant is intended.to insure
compliance with stormwater runoff rules heretofore adopted
by the State of North Carolina and therefore benefits may be
enforced by the State of North Carolina.
Dallas Horris Real Estate Construction, Inc. date
P.O. BdX 531
Wrightsville Beach, NC
NOTARY'S CERTIFICATION
State of i��c`11� ��E���i��i. j County of L I(^it1 l 1(31 t-k"'
I, ��.1►11;'�C'� ��. 1 �F� a Notary Public
-in and for th State and County aforesaid, certify that
I C:f'�•lic I ���� t ,�, personally appeared before .me
this daV and acknowledged the due execution of the foregoing
instrument. his tf�e F r=`1 day
WITNESS my hand and notarial seal,
1993.
v0of�I ii-4-
My Commissi n Expires .„` 0,)1.'
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G70637
BOOK, PAGE
STATE OF NORTH CAFVFUA7
COUNTY OF NEW HANOVER
0637
RECORDED AH VERIFIED
DIARY SUE OOTS
REGISi'ER OF DEEDS
NEVI HANOVER CO. NO.
' 93 MY 19 Pal 12 39
DECLARATION OF COVENANTS_, CONDITIONS AND RESTRICTIONS
RESTRICTIONS OF SNUG HARBOUR at COVIL ESTATES
THIS DECLARATION, made the day of May, 1993, by
DALLAS HARRIS REAL ESTATE -CONSTRUCTION, INCORPORATED, a North
Carolina corporation, hereinafter referred to as "Declarant!';
Whereas, Declarant is the owner of certain property in New
Hanover County, North Carolina, which is more particularly
described as follows:
BEING all of SNUG HARBOUR at COVIL ESTATES, as the same is �
0000(izi shown on a map thereof recorded in Map Book �;S_, Page Cps
�2-1 in the Office of the Register of Deeds of New Hanover
;County, North Carolina, reference to which is hereby made
for a more particular description.
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in
the described properties, or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
ARTICLE I.
`)-p k0 kuuL�
[i
DEFINITIONS AN 1 6 1994
As used herein, the following terms shall mean: D E M
-Rol 303
Section. 1. ASSOCIATION shall.mean and refer to SNUG HARBOUR
at COVIL ESTATES ASSOCIATION, INC., a North Carolina non-profit
corporation, its successors and assigns, the owners' association
organized for the mutual. benefit and protection of the
Properties. All property owners of lots in SNUG HARBOUR at COVIL
ESTATES and any adjoining areas hereafter developed and subjected
to this Declaration, if any, shall be members of the Association,
which membership shall be appurtenant to and may not be separated
from the ownership of such single family or multi -family lot.
Section 2. OWNER shall.mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to
any lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
Section 3. PROPERTIES shall mean and refer to all of SNUG
HARBOUR at COVIL ESTATES as described above, and any of the
additional properties that may hereafter be brought within the
jurisdiction of the Association as herein provided.
Section 4. ADDITIONAL PROPERTIES shall mean and refer to
any lands adjoining the Properties or within a one mile radius
thereof which are now owned or may be hereafter acquired or
developed by the Declarant and annexed to and made a part of the
Properties by the Declarant and subjected to this Declaration
without the assent or vote of the owners of lots as hereinafter
provided. The annexation of such Additional Properties shall
become effective by the recording by the Declarant of an amended
declaration for each new section annexed.
Section 5. COMMON AREA shall mean and refer to all real
r w.w .w �•.+w. era 11 ._ .. 1 1 / �1 /�_

�c u
552 Pot
860K PAGE
�7 02
4
BTATIO OF NORTH CAROLINA
Ir
COUNTY OF NEW HANOVER
M TO DECLARATION OF COVENANTS CONDITIONS
THIS AMENDMENT TO DECLARATION, made and entered into this
clay of February, 1994, by DALLAS
INCORPORATED, a North Carolina corporation, hereIS REAL�iinTrreferrredUtolas
Declarant.
W I T N r
THAT, WHEREAS, Declarant is the owner of certain lots in
Section 1 and Section 2 of Snug Harbour at COvi.l Estates, as' the
same are shown on :maps thereof recorded in Map Book 33 Pages 60 and
61 in the office'
the Register of Deeds in New Hanover County,
North Carolina, reference to which is hereby made for' a more
particular description; and,
WHEREAS, Declarant heretofore executed a Declaration of
Covenants, Conditions and Restrictions of Snug Harbour at Covil
Estates and Caused the -same to be recorded in Book 1667, Page 637
of the New Hanover County Registry (herein the "Declaration?'); and,
WHEREAS, the Declaration provides in Article XT, Section d
that so long as the Declarant retains control of the Associatio,
n
the Declarant
shall have the right to amend this Declaration to conform
to requirements of any law or governmental agency having
legal jurisdiction over the property or to qualify the
property or any lots and improvements thereon for
mortgage or improvement loans made, insured or guaranteed
by a governmental agency or 'to comply with the
requirement of law or regulations of any corporation or
agenoy'' belonging to, sponsored by, or under the
substantial control of the United States Government or
the State of North Carolina, regarding purchase or sale
Of such lots and. improvements, or mortgage .interests
therein, as well as any other law or regulation relating
3 ' to the control of the property, including without
limitations, ecological controls, construction standards,
aesthetics, and matters affecting the public health,
safety and general welfare; and
WHEREAS, the Declarant has determined that the use
restrictions in Article VIII of the Declaration should be amended
to conform to certain storm water run off rules and regulations.
promulgated by the Department of Environment, Health, and Natural
Resources of the State of North Carolina; and
�'
WHEREAS, the Declarant presently retains control at the
.Association; and
WHEREAS, the Declarant now desires to amend the use
restrictions in Secton 3 of Article VIII to conform to the rules
and regulations of the State of North Carolina.
NOW, THEREFORE, the Declarant
the
Declaration of Covenants, Conditions and Re tri tionss herebymend of Snug
Harbour at Cavil Estates recorded in Book 1667, Page 637 of the New
Hanover County Registry by deleting Section 3 entitled "Building
Type,, and inserting in its place the following:
89CTION 3.
Na more than 3_�0 square feet of any lot shall be covered
by structures acid/or paved surfaces, including walkways
or patios of brick, slate or similar materials, but
specifically excluding walkways and decks of wood
I

J.L DHU15
552 PO 2
I PAGE
• ? 74 0210
provided that such'Mkways anPAgicks are. constructed in
such a manner a,s7 allowwater run o.ff to
infiltrate the s eath A i e, This covenant is
intended to insure compliance with storm water run off
rules heretofore adopted by the state of North Carolina.
Accordingly, its provisions may be enforced by'the State
of North Carolina.
Except as amended hereby the Declaration of Covenants,
Conditions, and Restrictions of Snug Harbour at Covil Estates shall
remain in full force and effect.
IN THSTIMONy WHEREOF, Declaranthas caused this instrument to
be executed in its corporate name and its :corporate seal affixed by
its duly authorized Officers all the day and written. year first above
Attest:
C
?if+:Sgtj`,..J
` •. .,
',,• POD '•., V�
SEAL
Secretary
Lk
:o
(Corporate Seal.) rff'�,+�
STATE OF NORTH GARO LINA
MUNTY OF NEW HANOVER
HARRIS
UCT ON INC
President
R AL ESTATE-
TED
�Ii;F.; L5. 1 ..,•..��y.x LL
a
Y• o l c an e
.f,Q said d hereb tify Notary
Public in d for th
f- r. t oer� of at 1JAP q
cams before me. his day and acknowledged that she is
' ., ;k f DALLAS KEsIt12YB REAL ESTATE -CONSTRUCTION INCORPORATED,Qai ...;olina D �� ,y corporation, and that by authority duly given and
;,'"'f'•'!q�: ,h of the corporation the foregoing instrument was signed
"�' ' �' 1I 'fie b its President sealed with its corporate seal and
• Y
her as its Secretary.
hand and official
i x�y 1994 to or seal, this the 1 9* da
::•ye,'r 7• a lh�hiL k},..,. ,} / • y
My Commission expires: !D Notary Public
(Notarial Seal) -�f-
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/Annexed Certaficate(b) of
Notary (Notaries) Public la/ are certified
to be correct.] ,�
This the ._.._0j_ dlty of 19
Sue Oote,, Reeggistex of deeds
by �*_ML�_
Deputy/Aw.4wnt —
e(5) Of
to be correct. This instrument and
fistered at the date and time and in
e first page hereof.
gusto 1992.
ster of Deeds for New Hanover County
REC .E ;r
MARY sUE C(?Y
REGISTER OF DEEDS
NEW HANOVER CO. NC,
' 94 FED 15 FM E 09
2

i
U LL�E��l� I
V
JUL 0 6 1993
DEM
rR01 :0 6-30-23C5
A&K PROJECT NO. 93034
COVIL ESTATES SUBDIVISION, PHASE I
WRIGHTSVILLE BEACH, NORTH CAROLINA
DEED RESTRICTIONS
No more than 3,510 square feet of the property associated
with each lot of this project inclusive of right-of-ways
shall be covered by structures andfor paved surfaces,
including walkways or patios of brick, slate or similar
materials, but specifically excluding walkways and decks of
wood provided that such walkways and decks are constructed
in such a manner as to allow stormwater runoff to infiltrate
the soil beneath same. This covenant is intended to insure
compliance with stormwater runoff rules heretofore adopted
by the State of North Carolina and therefore benefits may be
enforced by the State of North Carolina.
Dallas u4rris Real Estate Construction, Inc. daKte
P.O. B67r,311
Wrightsville Beach, NC
NOTARY'S CERTIFICATION
State of � ai County of Grcv- vll
I, 1 Kab����a a Notary Public
Knd for th��ff State and County aforesaid," certify that
'�i'1Pi Mairi� personally appeared before me
this da and acknowledged the due execution of the foregoing
instrument. _
WITNESS my hand and notarial /sal, his t� day
of MP _ 1993. ,
My Commi ssi qn Expires: �
[�5-too _�i°i- K0
0, 8/� o,, Notary P u b 1 i c
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