SW7110108_HISTORICAL FILE_20110502

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

f
Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENIAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
April 26, 2011
Mr. Samir Dumpor
NCDENR, Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
PO. Drawer 870
VJ"Y Hawk, NC 27949
Phone: [phone]W
Fax: 252-2hI-1260
Web: quible.com
PRINCIPALS
Eduardo J. Volbivleso, P.E.
8rlan D. Rubino, PG.
Warren D. Eaau% PG.
ASSOCIATES
Joseph J. Anlaut P.E.
DaNa A. Dee[, P E
Kot,enr,e C. Marchello, PL.S.
M9(-22011
Re: Stormwater Management Plan Amendment �r ���
Stormwater Project No. SW7110108 I -
Phase 8A, The Currituck Club PUD
High Density Subdivision Wet Pond, Currituck County, North Carolina
Dear Mr. Dumpor,
On behalf of The Currituck Associates - Residential Partnership, we hereby submit for review and
approval an amendment to the previously issued Stormwater Permit No. SW71 10108 dated March
17, 2011.
The following items are included with and shall be considered part of this submittal package:
I . Review fee check in the amount of $505.00, made payable to the NCDE&NR
2. Two (2) copies (one original signature) of the Stormwater Management Permit Application
Form
3. One (1) copy of the Wet Detention Basin Supplement, Form SWU-401
4. One (1) copy (original signature) of the Wet Basin O&M Agreement
5. One (1) copy (original signature) of the High Density Deed Restrictions, Form DRPC-3
6. Two (2) sets of Grading and SESCP Plans
7. One (1) copy of the Stormwater Narrative
8. One (1) copy of Plat Cabinet: 1, Slide: 354-355
9. One (1) copy of the NC Supreme Court Opinion on Case No. 528A04
10. One (1) copy of the NC Court of Appeals Opinion Case Nos. COA03-1082, COA03-1085

I I . One (1) copy of Deed Book: 363, Page No. 478
12. One (1) copy of Deed Book: 481, Page No. 223
Please review the enclosed information for compliance with your permit requirements. If you have
any questions, or require any additional information, please do not hesitate to contact me at
[phone] or [e-mail].
Sincerely,
Quible & Associ es, P.C.
/Cc
: Doug Anderson -The Currituck Associates/Residential Partnership
Michael Cherry - The Currituck Associates/Residential Partnership
1

j
Xj, --
MAY - 2 2011
DWO-WARD
7F
Z)
.�qv ------------
------------
095
RECOMBINATION
SURVEY
Quible
1a 4;6x"
.... ....
CURRITUCK CLUB
PHASE SA
& A�ociatcs, PE
L
M.Iccp1.G - cel"W" p ... lll;
TAX MAP 117 PARCEL 1H & TAX
A
MAP 260, PARCEL D
ENVIMKWENTIL Kffl,CtS WIE1:11
CERTWICATION

A
Ud f
J
RECOMBINATION SURVEY
Quible
CURRITUCK CLUB PHASE 8A
.,Z.
8—A—ssociae3, P.C.
TAX MAP 107. PARCEL IH & TAX MAP I26G. PARCEL D
En PQNwEN MOM • SU"EINU
A.n

OOOK 363PAGE 478
S RETURN TO
THIS INSTRUMENT PREPARED aYf SAMUEL W. JOHNSON, POYNER R aPRUILL, L.L.P., P. 0. PT�gy �-, +�
Hor 353, ROCKY MOUNr, He 29802-0353 V%k�TS {{Yii�LJJ" lYlYl/
Ip NORTH CAROLINA
CURRITUCE COUNTY MAY _ 2 2 0 11
THIB DERD; .made as of the i�day of June, 1995, by and
between CURRITUOR GOLF LIMITED EARTNRRBHIP, a North Carolina ��
J id limited partnership with its principal office in Winston=salem, � �i�l '��%�,1 f
�In�Q North Carolina, Grantor, to THE CURRITUCK AHBOCIATEE - GOLF COUGH _ a�j � ��f ARO
II PARTNERSHIP, a North Carolina general partnership comprised of
Boddie-Noell Enterprises, Inc., a North Carolina corporation, and
Currituck Golf Limited Partnership,' a North Carolina limited
partnership whose mailing addream is c/o Boddie-Noell Enterprisee,
J Inc., P. O BQx 1908, Rocky Mount, NC 27802-1908, Grantee. The
al��p designation of Grantor and' Grantee as used herein shall include
ll said parties, their successors and assigns, and shall include
.singular, plural; masculine, feminine or neutor as required by
context.
W X T ,y A B B S Ti N1
That Grantor, for a valuable consideration paid by Grantee,
�Irl'J, t receipt of which is hereby acknowledged; has and by these
1 7 presents does grant, bargain, sell and convey unto Grantee in fee
simple, all those certain lots or, parcels Of land situated. in
urri abk County, North Carolina, and. more particularly described
/ on Ex ibi't, A attached hereto and hereby incorporated herein by
Cis refs rnic/off
T HAVE AND TO HOLD the aforesaid lots* or parcels of land and
f3�111' all,pii�eges and appurtenances thereto belonging to Grantee. in
V a1 pie, but sub ect to the conditions and restrictions set
{ fort on 6z Ot B at hereto and hereby incorporated herein
'S'FI by efere a 1/ y Lo�coy nants with Grantee, that Grantor ik eizad of
Z the premteee iFdf�aim Ii, has the right to convey the'eake in fee
simple, tha� tle a arketable and free and clear of ell
encumbrances, nd t t� Gialito wihi warrant and 'defend t11a title
against the law ul {{lll..1 insj�',z�{f 11 RQe one whomsoever: Title to the
property, herein onJt:yed aubj Ct t the aforesaid covenants; and
restrictions set ibrthnn Ehib1 9 the exception& set forth
on Exhibit C� bulh o _.Which age site had hereto and hereby
Incorporated herein by efere9del � \
IN WITNE88. WHeRBov, r�n(¢ or as
ca a th instrument to;ba
signed under seal to its par -E�Erehi p I is general partner,
NOmn CAROL NA
AITAChECANOrG
V

q
i
BOOK 363PAGE 479
which has caused its duly authorized officers to sign the same and
its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written.
CURRITUCE GOLF LIMITED PARTNERSHIP,
a North Carolina limited partnership
(SEAL)
BY: CC TWELVE, INC., General Partner
BY:
L.
y President
NORTH CAR
COSNTY OF
y u wn� ne ae -&AdL. Becremary or CC. TRELVE, INC., a
NgUfth' Carolina corporation which in the general partner of
ED T CR GOLF LIMITED PARTNERSHIP, a North Carolina limited
�rtnef4shi�'and that by authority duly given and as the act of the
corp9fation�and of the partnership, and the foregoing instrument
wa -a gned' n its name by its President sealed with its
co:poral al aajid attested by self, as its Qg�� Secretary, in
its a ty o general partner of Currituck Gol� ;Limited
PartnW t /�
//��Witnase m ban �7nd pffic 1 stamp or Beal, this the :APW day
of I A LA.. h999 / 1 ��
My Commission Expires:`)
(N0TAR,Y:S1'AMdP OR SEAL)

N
EXHIBIT A KOOK 363PA6E 480
DESCRIPTION OF PROPERTY
THAT CERTAIN PROPERTY described as follows (the "Golf Course
Properties"):
1. That certain property described as "GOLF COURSE HOLES 1
AND 9" on Attachment A-1 attached hereto and by this reference
incorporated as'if fully eat out herein.
2. That certain property described as "GOLF COURSE HOLES 2
THROUGH 6" on Attachment A-2.attached hereto and by this reference
incorporatedas If fully set out herein.
J. That certain described "GOLF
property as COURSE HOLE 7"
on Attachment A-1 attached hereto and by this reference
incorporated as if fully set out herein.
4. That certain property described as "GOLF COURSE HOLE 18"
on Attachment A-4 attached hereto and by this 'reference
incorporated as if fully set out herein.
5. That certain property described as "GOLF COURSE HOLE 10"
on Attachment A-5 attached hereto and by this reference
irc rp(orraated as if fully set out herein.
/
61, hat certain property described as "GOLF COURSE HOLES 11
-Attachment
& 12/ on A-6 attached hereto and by this reference
incytp/orsted as if fully set out herein.
/ " ) rt t certain property described an "GOLF COURSE HOLES 11
AND 7 on Attachment A-7 attached hereto and by this reference
inco¢orat an f fully set out herein.
8. That c tain property described as "GOLF COUR$g SOLES 15
THROUGH- H'� on t�chme`t A-8 attached hereto and by thi&Teference
incorpor red s if full}�aact out herein.
9. T� cer �n Qro 9r described as "GOLF'` COURSE
MAINTENANCE" o% A b chmle A tachod hereto and by this
reference IncorpbbEated. as Kf fu�Ij s t out herein.
TOGETHER WITH THE �OL'I.DWINO A ENHNTas
1. A non-exclueivper etuap u to ant easement over and
upon all the roadway (a)�� ich Tha IiFituC�k Aesociatee -
Rasidential Partnership (the H'eaaiden a ((Pa bnerhhip") shall from
time to time establish leadin2l fro N.C.) Hhpay- 12 to the Golf'
Course Properties for ingress t an egress from the Golf Course
Properties and N. C. Highway 12 an e'constiuction, maintenance
and operation therein of utilities for 9tei, �wer, gee and
electrical service. The Residential ar n Lehi, ha�1 Ia e the

GGOX 363PAGE 481.
rights (i) to relocate the roadway(s) from time to time provided
that Grantee shall at all times have reasonably direct access to
the Golf Course Properties and (ii) to impose reasonable
restrictions and guidelines on the use of the easements, including
the roadways therein.
2., Non-exclusive perpetual appurtenant easement, over and
upon the cart path, and pedestrian walkways which the Residential
Partnership may designate from time to time for travel between the
various holes described above (including the fairways, clubhouse,
greens, traps and other related amenities and improvements located
on the Golf Course Properties comprising the respective holes).
The Residential Partnership shall have the right, (i) to relocate
the cart paths and walkways from time to time, provided that
Grantee shall at all times have direct access between the
consecutive Aolea of the Golf Course, and (ii) to impose reasonable
restrictions and guidelines on the use of such easements.
THE SUBJECT PROPERTY is a portion of.the property conveyed to
The Fidelity Company by that deed from Currituck Shooting Club
dated December 23, 1986, recorded at Book 221, Page 6B6, Currituck
County Registry, and is the same property conveyed by The Fidelity
company to Grantor by deed of even data herewith recorded in the
Currituck County Registry.
THERE IB EXCEPTED THE FOLLOWING PARCEL (or so much thereof as
}e contained within the boundaries of the property described
above the ownership of which was reserved by The Fidelity Company
and n t conveyed hereby:
A strip (the "Conservation Strip") which is one foot
@ running a northerly direction from the property
1 ne aL the National Audubon Society to the property line
Oce Sande -Subdivision, with the westerly line of
Ito
uch ptrip
ri following the meanderings of the mean high
atet ,6 insof Currituck Sound and the easterly line
hie f tieyng parallel to and one foot inland' of ,,��@@uoh
o Carly 111!lin t—t The purpose of -the Conservation Strip is
to (tssur aY( t the easterly line of the parcels described
her i aqq¢¢o a do no extend to the mean high water line
of Cuerit ck 5ppyyu d, �pp ich'wcsterly line as set out in the
descriptl n df�thep 'pe ty��\�\conveyed to Residential
Partnership by de �°0i ov n date herewith (the
doscription of wWc� inc udg r-and ,then excepts the
parcels Herein convoyed) b gi at the property line of
the National Audubon Soc W/with t eAall 'pN 022° 3Y'.72"
43.78 ft.- and extends d cortin t t e property line
of the Ocean•Sande ub Svieion WCgh end along the
portion of the boundar ins of he=_el described
portion of with the ca� ^N �07�e' �42 145.g59."' (a
portion of such line beSn he caorfikifiediifneen high water
line as of May 3, 1995 of a p r i of a property which
abuts the Currituck Sound and he bi ce' thekg f being
n \)^o

BBBR 363PABE 482
a line determined by the surveyor to be not closer to
Currituck Sound than the mean high water mark thereof).
1

A7'fA1;liNEN'f A-1
000x 363Pasf 483
GOLF ' 1 I gIlOLES 1 AND
Beginning at a point, said point being located N 20'01'47'W 8.309.62' from a concrete monument located in
the eoulhrnst corner of The fidelity Con,lany mid the north boundary line of'1Wmpike Properties, ins. said
concrete monument being lasted N 12'89'024W from NCGS mauument'Radio' (Grid coardhaleo of
286023,675 ..tore E; 097359.041. meters, NAD, 1983), thence from wild beginning point 8 81'61'07'W
88.19', thence -loop a curve having - rediue of 475.0W mid an me length of 221.99, with a cord hearing of N
84' 46"86'W 210.97' thence along a curve laving a mdluw of 3525.00' and an are length of 107.68' with a
card bearing of N 72%4'48W 107.69',thence N 43'54'64'W 41.69', Uwme N 01'20'64'W 425.051, thence N
26'00'66'W 360,00', thence 8 83'01'30'W 272.80', thence S 89'17'16'W 137.66', thenre N g2'27'49'W
94.21', thence N 70'63'27'W. 110.76', thence 8 80-23.44V 80.44%, thence 8 62623'32'W43.65', thence 8
26'28'46'W ICU', thence N 62'0149'W 64.DT, thence along a curve laving a radius of 430.00' end an are
length of 141.08' with a card bearing of N 62'37'62'W 140.46', thence N 09'10'8374 52.04', thence N
02'Ul'38'E 364.66', thence N 14'40'44'E 376.16', thence N 15'40'38'E 810.41', thence N 29'18'04%
143.12', thence N 45'88'06'W 20.04', then- Wong- curve having a radius of 240.00' and an are length of
88.62' with a cord bearing of 9 70'69'48'W 88.11', tlreace along a servo having awino. oC260.00' and an
are length of 108.06' with a card bearing of 676'48'04'W 107.221, thence along a curve laving a radius of
15.00' end in are length of 17.88' with a cord bearing of N 60014.46' 16.841, theme N 84'23'61E 2M',
thence along a move laving a radius of 240,00' and an are length of 87.88 with a cud hearing of N
73*64'8DB 87.39', thence along a curve laving a radio, of 260.00' and an arc length of 02.32' with a cord
hearing of N 73'69'52'E 91.70'. thereo along n cove having a radi ie of 495.68' and an a. length of 30.w
tth a card bearing of N 62'60'10E' 30.00', thence 8 46'36'06'E 24.82', thence 8 79'62'46'E 222.00'.
h .568 '33'63'E 141.80', thence S 28'38'10'E 40.09', thence Wong d torte having it admit of 140.00'
=I e•n ur zou.mi vim a cora nearing of 5 76'61'63B 206.64', thenre 8 64'29'46'E 120.2W,
then f" 21'00'64'E 901.42'. thence S 07'47-10T 9M.52', to the point of beginning wnleining 36.99 now"

A7TAC0869'f A-2 GGON 363PAGE 484
GGIR !' 4tSr•, U9LrS P TLM GH r
Begbming nt n point, mid Point being located N22'38'68'W 3,203.04' from a concrde'moomom t holed In
the eoulhcevt comer of'fhe Fidelity Compeny and the north bmmdaryline of 7Lmpike Propertim, rne. mid
concrete monument being located N 12'69'02'W Rom NCGS em um mt'Radio' (Gridmordo note of N
280023,675 meters E. 897369.011 encore, NAB, 1983), thence from sold beginning point niong - curve
Imving a radius or 1o0.00' and on ore length of 81.53',.vith a cord b,,rkV of 9 48'2W26'W 79.29', thence 8
...
24'69'02"W 98.0T, thence nlmg a curve having o radius or 206.00' anal on ere length Of 10.63' with a mr,1
bearing of 8 23'50'044W 10.63'thence 8 70'00'68'W, 2E7.50', thence along a wive holing a redioe of
100A0' and an on, length of 101.25 with a cord bearing of N 74'60'38'W 96.98, thence N 46'60115'W
227.02', thence N 21'66'30' W 691d7', thence N 05'03'28'W 411.61, thence N 40'52'06'W 50.91', thence 8
60449'OB'W 211.01', thence 8 30'13'36'W 87.95', thence along a curve boring a radius of 295.00' and en arc
length of 89.00'. With o cord hearing of N 60'02',46'W 98.72', theme along n eurva having a radios of I80.00'
and en or, length of NEW with u cmd be-ing of N 38'33'02'W 227.26',.thenee N 00'36'37'E 14,09',
thence, N 33' 05'34'E. 158.20', lhenee N 63'24'41E 162.48', thence N 65' 11-46'E 156.86', [fierce N
73*51'07'E 97 26', theaeo N 07'03'08'E 75.68'. thence N 29'49'18'W 838.22', thence N 01'2W30'W 11M.00',
11�encc N 04'15'67'B 212.00', the. 8 87'06'64'W 02.92', thence along a curve having a radio- of 176.00'
end h me length of 327.8W with a cord hearing of N 89'18'24'W 261.94', thence, N 14'26'18'E 270.49'.
the a N 27'03'15'E 251.62', thence -long n ,.vrva Imvbig,, radio- of 626,00' and on arc length of 161.96'
th a d having of N 89'18'40'W 161.30', thence N 81'61'07'B 87.87', than 807'47'10'E G72.29',
then 8 20'10'441E MAMA' to the point or beginning contehdng 38.54 Acres.
D

ATIACHHeNT A-3 BOON 363PAGE ASS
I
GOLF OOURSE BOLE 7
8egipning at a point, mid [mint king Ioeated N 34' 14'63 W 4628.34' from a condrete montane" Ideated in
the southeast.nier of 1'he Fidelity Cmmpnay and the north boundary line of Turnpike Properties, Inc, esbd
connate monument Wag located N 12'69'02'W from NCW S monwneat Redid' (G id ecordhmtee of N
286023,676 meters E. 897850.041 meters, NAB, IM), the. from avid begh d g point 8 60'8748W
29.001, t9onee 8 16*61'01'E 187.04', thence along a curve laving a'Awtie of 100.00' and en are length of
218.16' with a end hearing of N 46' 12-41'E 176.03'. Umme N 73'43'37'W 78.46', thenee N 22'2829'W
42.04'. thence N 41'W21'W 81.71'. thrice N 67'48'08'W 94.81' theme N 28Y0'I1'W 8227', theme 8
82'16'68W 80.00', limos 9 04'1646E80.11', thence N B8'29'48W 699T, therm N 19'10'OB'R'21.4T,
thence N 6O'47'17E 6L93', thence N 81'24'38'E 67.6fi', [hens N 04'46'67W 88.B2', thence N 89'61'44'W
69.84', thence S 72'28'07'W 60.36', tbence N OB'64'36W 2828', thence N.48'IB'12E 62.71', therm N
72'18'43E 31.99', thence N 10'03'18W 16.23% tlienee N 88'27'26'W 2L91', theme N 28737'33'W82.76',
thence N WITS1'E 48.60', thence N 20'36'6GW 31.61', thence N 64'07'36W 41.60', thence N 29'46'WE
39.68', thence N 26'28'19''W 27.69', thence N 09'67'49'W 4484', thence S 76'B2'30'W 2120'; thence
N 37'21'11'E 63.16 , theme N 20'64'26'W 21.79', theme N 3L 10'IOW 69.16','Urece N 28'2g'33'W
72.76'. thence N 60047.39'W 30.49', thence N 14'66'66W 20M',-thence N 01'66'67E 29.49', theme
N 66'34'08'W 52.37'. the. N 29'08'00W 66.22, thews N OB'69'04'W 36,20•, thence N 31'40.31W
81.64'; thence N 11'31'07E 66.9T, theme N 60'18'46W 60,68', thence N 40700'10E 40.20', theme
N 61'12'29'W 48.90', thence 8 46'42'11W 43.15'. then. N 26'64.21W 92.67', theme 8 86'6l'68W
62.32', the. 8 66'34'26W 96.16', thence 8 20'OT46W 57.71', theme, N 28'83'06'W 46.93', thenee
N'�B'09V1'E MOM', thervn N 47'29'40W 78.M'; therms N 8T39.43W 81.47', thence N 39'46'49E 43A9S
j e N 80 2134W 113.21, thence N 66'07 30W 28.38', theme N 21'13'47B MAW. the.
N 19' 6'W 72 99', Werma N 40'63'17W 86 31 thence N 29 0248E 86.89 then. N 62'12'69E 99.36',
theme N 4�6 06 68'E 92.61' thence N 43'33 03'E 00.33'. thence N 80'80'06R7 18 81', thence 8IVWOM
67.80', lheuca)9; 82'40'21W 89.43', Iheneo N 46.6249'W 72 79. thence 8 62 68 4e'W MW th rem
thence
a cony
u0', tnenee b 60"40'30'W 64.00', theme N 78'02'24W 83.17', theme
29'8747T 67.12', theme N 69'16'47E 94.08', theme N 09'37'22'8 91.64',
ace N 61'28'89E 99.24% thence N 74'MIT 69.24', theme 8 76'23'b6E
17', Unm, N 87'61.36'E 72.901, theme N 76'33'19'E 40A6, theme
1'19'02E 68.10', thence 8 74'38'64% 26.66'. thence 516'06'231V 278.37'.
[ace 8 29'12'24'E 716.80'. theme 8 17'OB'2VE 409.J71 thence along d
and an sic longth of 70.31' with a cord bearing of,8 26 {li VE 70.04',
"mg a curve having m radius of 220.00'end an arc length of 81.22' with
11.10`to t6c paint op begilm 9 oon)aitdng 20.21 Acres
7
O

Book 363pA6E 486
XNACHMENT A-4
GOLF COURV HOLE ♦8
Beginning at a pohd, mid pool. Ming located N 31'11'01'W 0417.28' from a concrete monument located In
the southeast corner ofThe Fidelity Comivuly mid the north boundary ling oC 7Wmplke properUea, Inc. said
concrete monenent Mhlg located N 12'69'02'W Crow NCGS womment'lledio' (Grid coordhmlee of N
285023,676 meter- E. 897369.041 meter-, NAD, 1983), thence from sold beghWng point N T4'19'88'R'
19.88'. thence N 64'49'61'W 69.82', thence N 28'12'09'W 20.19', thecae 8 44'OD'08'in 2N 74 ]hence 8
01'21'19'W 46.29', theme. 8 86'48'46'W 39.00', thence N 76*40'2TPr 60.04', thence N 06,02', hen 48.12',
thence NW 130'18'W,49.0T, thence 8 74'10'9fi'W B4.61', thence 8 81'41'33'Vl' 80.16', thence 8
TT'81'4fl'W l3U.GG', thence N 71'03'03'W 43.1G', thence N 17'49'28'E 17.8B', then N 73`41'40'E 124.88',
the. N 65'66'20'E 64.21'. thence N 08'42'01V 9&01', then N 69'02115'W 86.771, thence 8
67'48'48'W 91.04', the. 8 62'67'38'W 73.66', thence 8 22'35'30'W 78.W, thence N 32'69'20'W lOL9T,
thence N 43'0016% 63.11', thence N 69'07'05'E 9526', Une ce N 23'24'66'E 98.70', then N 20'18'07'E
179.33', thence N 02'85'12'B 409.95" thence N 22'06'22"E 19.48', thence N 68'66'097,172.85', thence
along a curve having a rndiue of 190.00' and an arc length of 100.70' with a cord hewing of N 71'6wO8'E
10280', thence N 26'28'40'E 77.97', thence S 62'01'49'E 30.01', thence 8 20'28'40'W 81.28', thence along
a curve having a mdilm of 180-W and we arc length of 187.39' with a curd Haring of S W,13'261E 179.04',
thence S 10'63'66% 483.61', thence 8 04'66'22'E 227.48, thence 8 74'14'58'B 52.80', thence 8
22'49'0g'W 218.70', thence along a curve having a radius or 120,00 and an are length of 7.43' with a cord
bring of 8 21602'41'W 7.43' to the point of beginning containing 12.60 amen. '

BOON 363PABE 487
ATTACHMENT A-5
1.F COUIISE DOLE 10
Beginning at m paint, said point being located N 22'27'24'W 8694.03' from a concrete monument located In'
the southeast corner of The Fiddily Comiwny and the north boundary fine of Turnpike Properties, Inc. said
concrete, monument tieing ]coaled N 12'69'02'W from NCGS monument. Tadio' (Grid coordinates of N
286023,675 meters & 897350.041 meters, NAD, 1983). theme from said beginning point along a curve
having a radius of 465.86 and me vc length of 20.76� with is cord bearing of 8 g3'16'19'W 20.161, then,
along a curve having a radius of 290.00' mid an arc length of 18.61' with a cord hearing of S 82'44154'W
18.60'. N 68'50'48'W 84.64', thence, N 19'31'40'W, 493.92', thorns N 00'28'29-W 40140%thence N
20'09'22'E 617,04', thence N 80'691191W 28.01', thence along a curve having. radios of 40.00' end an ere
length of 32.46' with a card bearing of N 27'53'07'E SIM, thence N 68L6'18'8 89.82', theme N
63'48'48'E 10& 0', thencn N 88'88'33'E 63.83', thence, S 62'66'40'E 10.5.08'; thence N 66'10'17'E 70.19',
therm 8 26'66'10'E. 183.26'„theme 8 03'04'50'W 02.51, the. S 28'09'22'W 600.25', thane 8 08'88'29'E
23722', thence 3 06'36'21'W 640.6T, thence along a curve having aradiue o160A0' sad en em length of
67.01' with a cord hearing or S 42'00'07'W 62.11', thence S 00'00'170E 10.02' to the point of heshudng
containing 11.24 acres.

A 17MAIMEN7 A-6 BOOK MPAGE 488
GOLF COOILSE IIOLEB 1t & 77
llcginuingot o Paint, cold paint being le rated N 18-08-19-W 10231.88' tram a cmarela monument heated
in the southenat earner of The Rdcfay Comps y and the auto boundary line o[ 71unp'ike Properties, Ina
add eonmete monument Laing located N 12'59'02'W from NCGB moomuent'Eadio' (Grid coordicmtee of N I
236023,576 meters M 897350.041 metcm, NAD, 1983), lhcaee ham veld beginning point 8 60'48'26,w
70.28, thence 8 06'21'0773 122A 1'. thence. N 87'44'00'W 40.27', thence N Ofi'dl'19"W 111.62', thence
N 8T28'41'W 73.82', theme N fi9'39'67"W 308.48', thence N 47'69'53'W 78.14', them N 44-49.07-W
BUT, them N 39'O6'00'W 90.32', them N 36'22'40'W 95.83', thence N 16'26'48W 83.96'. them
N 12'35'22'E 81.81', N 16'39WE 60.79', thence N 64'20 13'E 66.60', thence N 76'43'22'E MOT, thence
N 1C 14'82'E 266.67'. thence N 25'64'13'W 194.36', thence 8 76`464M 508.58', themm 3 87'67'33W
353.60', thence N BVICOO V 652.03', LLeiae along a curve having a radius of 2020.00 and an are, length of
239.93 Mth a cord bearing of N 10-42.01-W 239.79',. thence along a curve havhig a rug. of 60.00' and an
arc length of 37.90' with a cord brmhig of N 23'6W6'G 37.05', them N 68'35'26% 105.73', them along
a eurvo having a mdlus of 480.00' end an ore length of 49.D9' with a cold bearing olN 71'31'13'E 49.07'.
them B 53'14'00'E 496.87', llwrce long a curve having a radius of 360.001. and an are, length of 243.33'
with a cord bearing of 3 73'09'01'E 238.46', them N 86'55'67'E 94.60'. thence 3 81'14'03'E 411.19%
tlem N 68'31'60'E 63.25'. thence S 31'28'64'E 209.68', thence 8 26'66'10'E 1172.55', to the point of
begimadng containing 19.34 acres.
6

ATTACnMVNP A-7 Bou 363PA6E 489
GGIX QOUME BOLE 13 ANI) 14
Beginning at a point, mid point being Inc tad N 24'04'67'W 12444.33' from a concrete mmument located
to the couthomt corner or une 1•tdemy company and We north boundary Una of Tmapike Propertim, W.
mid concrete monument beh,g boded N 12'69'0299 from N(1G3 monument Tedio' (Grid coordhalm of N
285023,676 meters E. 897350.041 meters, NAD, 1983), thence from said beginning point 3 68'36'26'W
30.68', thence N 30'13'40`W 17.70', thence along a curve Loving a radiva of 96.00' end an are length of
116.05' with a card bearing or N 46'66'38`W 10&64', hence N 12'04'0B'W 601.62'. thence along a curve
laving a rediuo of 800.00'nnd an me length of 123.23, with a cord hearing of N 00'18'04'W 122.38', thence
along a enme hating a radius of 860.00' and an are length of 154.97' with a ford hearing of N 08'19'64'W
169.2fi , lltarce N 18'0T48`W 870.90', lhaura 3 64'U6'46^N 818.41', thence elorng a evrve hedug a renllw of
180.00' and ea arc length of 208.68' with a cord hearing of 8 87'29'03'W 198.02', thence 9 80061'21'W
1\J 41.69', thence along a curve loving a radius of 160.00' and an arc length of 30.14'with a cord bearing of N
63'37'GB'W 30.09'. thence N 30'6111'E 40.41', thence along a curve having a mNus of 180.00' and an arc
length of 826.67' with a cord hearing of N 02' 10'62'E 283.03', thence N 64'06'46'E 68.48', thence along a
curve having a mdhu oC 400.00' and an me length of 214.18` with a cord bearing of N 88'40'23'E 211.63',
thence N 23'26'01B 716.10', thence 9 19'08'39'E 294.37', thence 8 81'28'64'E 660.06'. thence 9
68'81'06'W 63.09'. thanx 6 17'12'21'E 849.001, thence 9 02'04'07'e 293.86'; thence 307'14'4B'W 516.97'.
thence along a curve loving a odim of 05.00' and an arc length of 120.26'. with a tend baring of 3
(\43'30'34'W 112.38', thence 9 30'13'40'E 6.0V to the point of beginning containing 22.02 erree.

NPI'ACHMENT A-8
BOOK 363PABE . 490
COLI' (X)UIt8E HOLES 15 TUROUGII 18
flegirming at n Point, raid lroht bring, healed N 24'12'08'W 8098.31' from n concrete atonumerd located in
the soalh.sl corner of'fhe Fidelity Company sad the north boundary line of T-rap8te Properties, Inc. raid
concrete monument being located N 12'60'02'W from NCGS monumeat'Radio- (Grid coordinates of N
285023,676 meter. E. 897369.041 crown NAO, IB83), thence from acid bcghudng point aIMW a nave
laving n reditm of 600.00, atd at ac lengtt of 265.04' x4th a cord berring of 9 BO'OA'42'R' 262.28', thence;
8 05'27'55'W 54.14', thence 8 24'32'06'E 20.09', theme along a curve laving a mallow of 180.00' ad a are
length of 260.02' with n card bearing ors 16'16'28V 23040', thence S 66'03'Ol' l 174.098 thence d
7B'4T63'W 217.19'; *hence N 32.76' he 24N 11 thence 8 43'66'00'W 78.18', them N Ol'80'48'W
28.38', OveO:W 6 N 1. th m0'W 182.76 ; thence.4 1. t16'19'W 69.53. thence N 22'64'04'E 4D.11', thence N
18'88'00 he 6 e N thence N 18'S8'1 the ce N 2 *hence N ll'63'40'E 43.66', thence N 32.41'2,rw
121.2T, thence N 44'65'2TW G5.01', thc�mc N 26'55'0G'W MAW, therms N 41'66'4M 79.00'. Iheace N
25'60'23'W 101.03', thence N 11'13'42'E 69.031, lhcoCC N I1'10'47'W 76.24'. theme N 4G' 10'44W 66.20'.
thence N 13'61'47W 69.40',.theme N 04'48'17'W 127.13', thence N 49'32'22W B9.O3', them N
40'04'31'W 03.61', theme N 64'01'42W 63:48',.Nmrma N 69'08'12'W 60.9G, theme N 22'20'10'W 111.12',
thence 8 42'04'38'W 29.04'. *hence N Gl'1T38'W 10'a.69', tbeace N 23'82'15'W 41701, them N
13'49'28'W 76.80', thence N 87b6'00'G 41.2T, thence N 73'0110M 63.47', theme N 25'55'68'W 158,08',
thence N 00'43'17'W 07.42', thence N 12'42'18'W.123.43', thence N 26'40'63W 79.24, thence N
,7.0'06'40'W 144.97', the," N 42'13'53'W 81.I41, Chance N 08'17'84'E 98.651, therms N 10'27'06'W 85.48',
thence N 32'46'22'W 67.04" then- N 35'39'24W SIM', thence IT 10'64'21'W 90.26', there. N
04'2 '26'W 82.90', then N 48'16'23W 71.01', thence N 21'44'11W 52,19'. theme N 42'6B'49'W 76.65',
thence N 46'50'20W 144.G1', thence N 18611'20'W 83.91', thence N 24'64'44W 00A9', than. N
�18.20'd(I'E,4880', theme N 04026'33'E 64.7d', theme N 05'61'6M 69.12'. thionee 8 76'388' TW 91.76',
therm 17 10.1 '00'E 241.81', thence N 21'34'36'W 91.03', thence N 13'04'41'E 152.76', thence N
27.4611 'W 6', there. 8 26'60'WwW 81.23', theme 8 30'41'64'R' 88 21', then. 8 49'01'00'W 27.94',
them N 02'd3'54'W 53.061, thence N 21'29'2TW 88.38', thence N 42'03'231 W 189.60', them N
30'43'W 162 63', thence N 20 D9'OM 124 80 thence N 07 43 Og'W 203.31, therm N 10'23'08'W
129.thQw -N 00'48WE 50.30', thence N 43'48'64'E 84.44 erm nc
thN 32'41'2ErE 72.78', thee N
A2-69 I1�L 3641'll((--hh�eme 8 36 2239'E 70.09 themeN 43'2187'E 13,11, than. N18'28'2g'W 01.72,
then N 00'66f'�1'W'888�qq..06'. theme N 17'37'24* W 62.30', thence N 02'I6'85'W 91.16', thence N
16'01'1rW 60:12'1 the N 82 84'26V 4B.62', thence N 60'4010"W moo, theme N 23'11'62'E 127.1P,
the N 6 14'36B 19 00', thence along a curve having a radius of 195.00, and m gre4englh of 66.71'
anth a peed ¢aerbrg of 41G.71�'C 50 61', thence S 37'26'16'E 16044 them along aWn. laving a
radius of 20000 attd L are length 20 33' with a card hearing or 8 64'39'23T 11&62 lherim 9
19 48 G2 E 4 71 h¢aicc A I 31 80.08theme S 23'05 66 N 396.70'. then 8 3W39'30% 209.78',
therm 8 9149 2 33G 69 ,' he ce 8 00j�4�n IM.fIV, theme 8 04 44'60'E 284 06 therce 8
19 486d'W Z7248 ! ncc 4 Il 18 9.28 i eri
16758', theme S 62'29111E 2D2.18 thence S 42'D7'9B'E
8 31'S0 0'E G8 3u', r N 62 150 00thence 8 16 41'34'E 32.20', thence 8
16'00'25'E 1127.BG' therm IC3T05'�F>c�. 408.62, th "V27'5619 54.14', thence along a curve having _
a radio, of 610.00 and ae �lengtl .afi'159.24'xo l n c ed bcoriog of N 80'01'88'E 256.45'. then along a ` \
curve lavhrg a ratio, of 210.00' on�an arc len(41hJgP1 .04' h e fiord bearing of 8 00'29TO'E 10.04', to J
the point of baidaning containing 71A Acres{ 1 \ ` f� _.

A'1'1'ACIIMPINT A-9
6009 363PAGE 491
GOLF COURSE MAU4TENANf:E
Beginning at a mint, Said point Leung hated N 23'03'52'W 2752.84' from a conerete monument heated In
the eoutheart rnrner of'llm Fidelity Company and the north bmmda line of Turnpike Properties, Inc. sold
anerelo monument being locoed N 12'69'02'W from NCGS monuomnt'Iledie (Grid coordinates of N
285023,676 meters E. 897359.041 meters, NAD, 1983), thence from odd begtr nrag point N 70*10' 37' W
119.63', thenee N 63'05'64'W 176.63', theme along a curve having a redim of B16A0' end an ere length of
7.02' with a cord bearing of N II'll'601E 7.02', dvenee N 10'33'32'C 91.631, theme along a curve having a
radius of 236.00' rand an are length of 59.16' with a cold hearing of N 17'46'1TE 59.011, thence N 2C69'0T
1 E 78.8T, the- along a curve having a radius of 70.00' and an arc length of 67.60' with a cord Goering of N
,II 48'32'30'E 65.961, thence 3 20' 10'4d'E 421.31', W the point or k&,i rg ordaining 1.16 =as.

EXHIBIT D BOOK 363PAGE 492
RESTRICTIONS AND COVENANTS
The property conveyed hereby is Subject to the following
covenants and restrictions, which Shall run with the land and be
'binding upon the owner(s) thereof from time to time, all ea Set
forth in deed from The Fidelity Company to Grantor of even data
herewith recorded in the Currituck County Registry:
IT IS UNDERSTOOD, ACKNOWLEDGED AND AGREED THAT THE DEVELOPMENT
OF THE .PROPERTY CONVEYED HEREBY AND TO THE RESIDENTIAL PARTNERSHIP
BY DEEDS FROM THE FIDELITY COMPANY To CURRITUCK RESIDENTIAL
INVESTMENT LIMITED PARTNERSHIP AND BY SUCH PARTNERSHIP TO THE
RESIDENTIAL PARTNERSHIP DOES NOT PROVIDE ACCESS TO CURRITUCK BOUND 1
FROM'SUCH PROPERTY. Grantee shall not build, construct or place,
or Suffer to be built, constructed or placed, any improvement on,
under or over the Conservation Strip described on Exhibit A and/or
extending into the Currituck Sound from or on the property conveyed
hereby (including, without limitation, any pier, dock or other
boating -related facility) and Grantee shallnot enter or have
access to, or Suffer or permit any entry or access to, the
'C rrituck Sound from the Conservation Strip or the property
cveyed hereby for any purpose.
The covenants and restrictions herein shall remain In force
d efP,ct for an initial period of thirty (30) years and shall
then byp auQemetically renewed for Successive periods of ten (10)
years/ea, Oh ->unless The Fidelity Company or The Fidelity Company's
sucgosaur as owner of the lands acquired by The Fidelity Company by
that do from Currituck Shooting Club dated December 23, 1986,
race a at B4ok 221, Page 686, Currituck County Registry, less and
yexc pt he lan a conveyed hereby and the lands conveyed to the
Rest�Sntial-part ership by deed of even date herewith recorded in
the �Curr�i� Cou ty Registry, (the "Covenant Holder) Shall record
In the Cyrri uck ounty Regis try 'a' duly executed and acXc gledged
declaretlss(td( of grminati n of the covenants and reotlrletions
herein. \ / ,
Each of`ttya ca nt 1llo}der qnd any owner of. any property
conveyed hereby or 000 he figq id wti3 Partnership shall have the
right to enforce the covenpr&s a d�re trlctione herein by specific
enforcement, injunct ve elj_ef o AS -other actions and remedies
as shall be deemed anDronofate.
V,'

RE
EXHIBIT C
EXCEPTIONO BOON 3 6 3PA6E 193
1. The lien of Currituck County ad valorem taxes for 1995, -
which the Granted assumes and agrees to pay.
2. All easements, rights of way and restrictive covenants of
record affecting the property conveyed hereby.
�CAROLINA,CUl RIYUCKCOUNTY /� fff111 r
rrccL'In nl wmp't,.WW"teJ for se�[xisshuion nt7."Avock t—
apd rcc
7-
� Ho9lger e
c
n
C rR- OacaM
I

BOOK 4S.L P46E .223
FILED
NORTH CAROLINA 99 DEC 10 An 8 23
DARE COUNTY
DHARLENE Y. DOWDY'.... BOUNDARY AGREEMENT
�LyH�:A1ip)�(tpO�1��Y}S��7�n�Ev�R O} DfrED6 4ND WARPAN17 DEED
THIS BOUNDARY AGRECMBNT°,A1pWARRWTY DEED is made this 1e0 day
of November, 1999, by and between THE CURRITUCK ASSOCIATES - GOLF
CCOURSE PARTNERSHIP, a North Carolina General Partnership,
D
reinafter referred to as 'Golf Partnership'), with -a mailing
ress of Post Office Box 229, 'Kitty Hawk, North Carolina 27949,
ty of the first part; THE CURRITUCK ASSOCIATES - RESIDENTIAL
TNERSHIP, a North Carolina General Partnership (hereinafter
er�i@dto as 'Residential Partnership'); with -a mailing address
Po J Office Box 229, Kitty Hawk, North Carolina 27949, party of
second part; and CLUBCORP GOLF OF NORTH CAROLINA, L.L.C., a
nTe Limited Liability Company (hereinafter referred to as
nt . with a, mailing address of 3030 LB S Freeway, Suite 700,
Dallaa,'T s 75234-7703.
W I T N E S S E T H:
HATE EAS, the Golf Partnership and the Residential
Partnt\sfi�'(/p ar� Here o£ adjoining lands 'situated in -Poplar
Branch Tofurysthip C�irr tuc ogpty, North Carolina. The lands of
the Golf Pa}tneip b 1 d ch bed in a Deed from Currituck Golf
Limited Part srs ip r' rded n t e Office of the Register of Deeds
of Currituck Ceuntyiin ook 3 ppn-R0. 478; and the lands oftheResidential partner p bein �6sc ib d'in a Deed from Currituck
Reaidantial Invastm ntLi d Par er hiprecorded in .the Office
of the Register of% ed of urii ,�a�nty, North Carolina in
Book 363 on 'Page 457. 7
And whereas, it is @�d sire of the Golf Partnership and
Residential Partnership to f' an establish the Boundary lines
between their said properties a m n 'that varies from the
descriptions located in the afo men 1 ned, Dee s ecifically,
those descriptions shown as ATTACHM N gj�r'66 OL C UR E OLES 11 &
12'''- ATTACHMENT A-7 "GOLF COURSE HOS 1 AN 1 �iMENT A-
8 "GOLF COURSE HOLES 15 THROUGH 18" o t ee s ( preinafter
And whereas,' Tenant by virtue of various P ases ma ra s,
assignments and assumptions including but not�1 _- tehe
documents recorded in Book 438 on Page 173, Book 4 8 or�--YYage'y95
and Book. 460 on Page 54 of the Office of the Registe o',eed of
Currituck County, North Carolina has a leasehold intere in ¢ho
lands belonging to the Golf Partnership and desires to Qig�the
agreement to evidence its acquiescence and consent t
boundaries as hereinafter established;
NOW, THEREFORE, the said parties in consideration of the
premises and the sum of One Hundred Dollars ($100.00), each to the
other in hand paid, the receipt of which is hereby acknowledged, do
hereby covenant and agree that the description of Golf Course Holes
11 through 18 shall be as follows (hereinafter referred to as
• °Revised Descriptions"):
SEE EXHIBIT A (Pages 1 through 4) AND EXHIBIT n ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE.
.It is mutually understood and agreed by and between the
parties hereto that the Revised Descriptions shall be the true
NORTH CAROLINA VCISESTAMM
ATTACHED AND CANCELLED /..lY ��1` _
OCEp ED
MAY -22011
0VVQ WARD
LANDTRANSFERTAX
AMOUNT PAID%%o2_ak"
DATE (2 • AY 9
COLLECTOR

F
60OK481 PAGE 224
legal descriptions of Golf Course Holes 11 through 18 and the Golf
Partnership hereby grants, bargains, sells, and conveys to
Residential Partnership all of its inerest in the lands included
in the Original Descriptions but not in tshg Revised Descriptions.
And the Residential Partnershipdoes hereby grant, bargain, sell
and convey to Golf Partnership all of its interest in the lands
included in the Revised Descriptions but not in the Original
Descriptions. Tenant hereby remises and releases to Residential
Partnership all of its interest. in the lands included in the
Original Descriptions but not in the Revised Descriptions. Golf
Partnership reaffirms Tenant's leasehold interest in the land owned
by the Golf Partnership as shown in the Revised Descriptions and
the Survey. .
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and
all privileges and appurtenances thereunto belonging to the said
parties and their heirs and assigns forever.
And as to lands conveyed from Golf Partnership to Residential
Partnership, Golf Partnership warrants and does covenant that it is
seized of said premises in fee and has the right to convey the same
i�foe simple; that the same are free from encumbrances; and that
id wih, warrant and defend the said title to the same against the
Claims §f all persons whatsoever.
t And As t lands conveyed from Residential Partnership to Golf
P77 tneze p, esidentiel Partnership warrants and does covenant
tlpat St is seized of said premises in fee and has the right to
cddn��veyy t same in fee simple; that the same are free from
@@ncum�k;ra�xce as �C that It will warrant and defend the said title to
the�e=0 a ains ) the claims of all persons whatsoever.
II�EST NOO Y EREOF, the parties of the first part and
parties a Seconpart have hereunto set their hands and 'seals
the day an7� f gt-ebo-ve written.
OHE RITUCK ASSOCIATES -GOLF COURSE
A NERS IP, a North Carolina
era'A Pertnerahin
nuuulr-NUE L ENTERPRISES, INC.,(SEAL) •
a Nolr4h�G romyna\corporation,
Manpgin9j Gen r l Artner
By
THE CURRITUCK ASSO ATE - O
RESIDENTIAL -PARTNERSBBBBBB _ _ ' ---- - -
a North Carolina General Partn a p
BY: EODDIE-NOELL ENTERPRISES, INC SEAL
a North Carolina corporation, O
Managing General Partner
By:.. AL)
Charle9'Jayos r. iAttorney-n-Fac
0

L4
• (CORPORATE SEAL)
ATTEST:
ry
soax i PA6E 225
CLUBCORP GOLF OF NORTH
CAROLINA, L.L.C., a Delaware
Limited..Liability Company
BY:
Mary Mice
Senio ice President
\ Y a Notary Public for
raid/Co ty nd state, hereby certify that CHARLES J. HAYES,
Jti.,,/ ersonar 1 eared before me thin day, and acknowledged that
he i4Atto n in t for BODDIE-NOELL ENTERPRISES, INC., a North
Carol-R qof ore n, the managing general partner of THE CURRITUCK
ASSOCIATES GOLF C UPS
Pp3tT[ir�RSHIP, and that by authority duly
given and a t ct o e No ration in its capacity as general
partner of id artn Fr
ip a xecuted the foregoing and annexed
instrument, a the ipau � y_ o execute and acknowledge said
• instrument in cont fined n an ',instrument duly executed,
acknowledged, and ecorded�i. he �(�e of the Register of Deeds
in the County of Curritu�k, tate d€ th Carolina, on the 21st
day of July, 1993, in�o 3 Pa e 3 a d that this instrument
was executed under and irtu Boa hority given by said
instrument granting him p er o at//t me
I do further certl - t the a d CWLBS J. HAYES, JR.
acknowledged the due executiorf of for"ping and annexed
instrument for the purposes there'�1 a ¢nee orand h behalf of
the said BODDIE-NOELL ENTERPRI,act{ 9�ae a� di Q general
partner of THE CURRITUCK ASSOCIATES -GO CO E P.
Witnpss my hand and official seal, fie .. day of
4"M , 1999. 1
My Commission expires: 6 _ 0 ,10&3
....,., .,.,.V
NORTH CAROLINA
DARE COUNTY
I,Of/�/O. iAJ.l�p�.Y a Notary Public for
said County and State, do ti,reby certify that CHARLES J. HAYES,
JR., personally. appeared before me this day, and acknowledged that
• he is Attorney in Fact for BODDIE-NOELL ENTERPRISES, INC., a North
Carolina corporation, the managing general partner of THE CURRITUCK
ASSOCIATES -RESIDENTIAL PARTNERSHIP, and that by authority duly
given and as the act of the corporation in its capacity as general
partner of said partnership, he executed the foregoing and annexed
instrument, and that his authority to execute and acknowledge said
instrument is contained in an instrument duly executed,
acknowledged, and recorded in the office of the Register of Deeds
in the County of Currituck, State of North Carolina, on the 21st
day of July, 1993, in Hook-321, Page 552, and that this instrument
was executed under and by virtue of the authority given by said
instrument granting him power of attorney.

' BOON 481 PAGE 226
I do further certify that the said CHARLES J. HAYES, JR.
acknowledged the due execution of the foregoing and annexed
instrument for the purposes therein exprgseed for and on behalf of
the said HODDIE-NOELL ENTERPRISES, INC., acting as managing general
partner of THE CURRITUCK ASSOCIATES -RESIbEdTIAL PARTNERSHIP.
Witness my hand and official seal, this _ S� day
'i1d22?e�. e'MXW -J _, 1999. E
Notary Public
My Commission expires:
"y o.
OUB 1G
/04��000 NtY,op.
STATE
COUNTY/C/C O
^'1, to undersigned Notary Public, do hereby certify that
gr_epn�a 1 am�e,,,�„a� ore me this day and
ac now, dge .that h she a PRpjjpJ���.5�i9Y of CLUSCO�+AG,Qyp�QP
RTH OLINA, L.L. and that by authority duly given RMi7A871al
dWANJ �e corporation, the foregoing instrument was signed in its
name by. a. Coweer, Senior Vice Pr XpPI//./gpry//yqg
10 YIW9' b'd$x //AMY/R4V8bF,WI/kN/M9*h9 Y�kPYgF bb'lAFJ4/JV8f6FlJ)
s FaJea�
ITNF my hand and notarial seal this day of
1999.
f12 Notary,,
NORTH CAROLINA
CURRITUCK COUNTY
The foregoing certikicates of
This instrument is reco ed the b�
the date and at the time own on th fi
By:
ah e f.t a ( ,
0

aaaK48 1 pw.227
Exhibit A (Page U
Golf Course Holes 11 and 12:
Beginning at a point, said point being located North 10 deg. 08
min. 19 sec. West 10231.88 feet from a concrete monument located in
((f14
e Southeast corner of The Fidelity Company and the North boundary
If of Turnpike Properties, Inc. said concrete monument being
cated North 12 deg. 59 min. 02 sec. West from NCGS monument
I@d.4,,o" (Grid coordinates of N 285023,575 meters East 897359.041
erg NAD, 1983), thence from said beginning point South 66 deg.
�m 25 sec. West 76.25 feet, thence South 06 deg. 21 min. 07
c East 122.41 feet, thence North 87 deg. 44 min. 00 sec. West
feet, thence North 05 deg. 41 min. 13 sec. West 111.52 feet;
e ce rth 87 deg. 28-min. 41 sec. West 73.82 feet, thence North
9/deg min. 57 sec. West 308.4E feet, thence North 47 deg. 59
in. 5 ec. West 78.14 feet, thence North 49 deg. 49 min. 07 sec.
west 4. 7 f et, thence North 39'deg. 06 min. 00 sec. West 90.32
et $$� ence North 36 deg 22 min'. 40 sec. West 95.33 feet, thence
Nortf�16 jl5lie icy 48 sec. West 83.95'feet, thence North 12 deg.
35 mi 2 ec. E t 81.31 feet, North 16 deg. 39 min. 25 sec. East
50.79 t''ee the c No th��54-dgg. 26 min. 13 sec. East 56.50 feet,
thence Norti 75g. 4ryin. 2 sec. East 92.03 feet, thence North
11 deg. 14 n. 2 se ! as 25 .57 feet, thence North 25 deg. 54
min. 13 sec. t 19 3 fee t .South 76 deg. 45 min. 42 sec.
West 508.58 feet, t e 6 Sou h deg. 57 min. 33 sec. West 353.50
feet, thence North 3 deg. 4 n. ((0� s c. West 652.63 feet, thence
along a curve having a r diu6)of 20 0. D- eet and. an arc length of
46.64 feet with a cho 9 ea ing o ogr h deg. 57 min. 32 sec.
west 46.64; thence aloe a curve aaflF�e a ius of 520.00 feet and
an arc length of 91.16 feet�w1 �47
grtl earing -of North 14 deg.
32 min. 26 sec. West 9i.04 'f. hend along curve having a
radios of 15.00 feet and an arcgth feet with a chord
bearing of North 01 deg. 27 mina East 1)6�'�.
76 feet; thence
along curve having a radius of 45 fee a dn, rc ertgth of
225.69 feetwitha chord bearing of No t_h 3 e1g57 sec.
East 223.43 feet; thence North 68 deg.. 5 m:_ ec. East 1.22
arc length of 49.09 feet with a cord bearingsV-as
7
min. 13 sec. East 49.07 feet, thence South 53 eEast 496. 87 feet, thence along a curve having )afeet and an arc length of 243.33 feet with a corn�
73 deg. 09 min. 01 sec. East 238.46 feet, thence Nox�h 9
min: 57 sec. East 94.60 feet, thence South 81 deg. 14 Tr
East 416.19 feet, thence North 58 deg. 31 min. 06 sec.
feet, thence South 31 deg. 28 min. 54 sec. East 209.68 fee
South 26 deg. 55 min. 10 sec. East 1172.55 feat, to the
beginning.
f
�i
31
00

BuK481 PAGE 228
Exhibit A (Page 2)
Golf Coursa Holes 13 and 14:
Beginning at a point, said point being "located North 24 deg. 13
min. 19 sac. West 12432.74 feet from a concrete monument located in
the Southeast corner of the Fidelity Company and the North boundary
line of Turnpike Properties, Inc., said concrete monument being
located North 12 deg. 59 in. 02 sec. West from NCGS monument
"Radio" (Grid coordinates of N:285,023.575 meters, E:897359.041
meters, MAD 1983), thence from said point of beginning North 25
deg. 27 min. 53 sec. West 278.73 feet; thence North 12 deg. 04 min.
06 sec. West 350,00 feet; thence North 01 deg. 15 min. 22 sec. West
436.25 feet; thence North 14 deg. 49 min. 56 sec. West 175.00 feet;
thence North 18 deg. 09 min. 43 sec. West 425.00 feet; thence South
51 deg. 16 min. 57 sec. West 148.73 feet; thence South 36 deg. AD
min. 39 sec. .West 175.74 feet; thence South 46 deg. 13 min. 54 .sec.
West 52.20 feet; thence South 66 deg. 31 min. 10 sec. West 33-.31
feet; thence along a curve having a radius of 180.00 feet, and a
length of 171,83 feet with a chord of South B1 deg. 27 min. 38 sec.
West 165.38 feet; thence along a curve having a radius 274.71 feet,
a� a length of 133.39 feet, with a chord of North 48 deg. 16 min.
5 sec. West 132.09 feet; thence North 44 deg. 53 min. 31 sec. East
,46.10 f tp thence North 36 deg. 50 min. 18 sec. East 109.69 feet,
then NO 23 deg. 26 In, O1 sec. East 1051.21 feat; thence
South 19 yeg.08 min. 33 sec. East 234.37 feet; thence South 31
d 28 min, sec. East 566.06 feet; thence South 58 deg. 31 min.
0 sec. Wes 63.69 feet, thence South 17 deg. 12 min. 21 sec. East
84�9.6 fethence South 02 deg. 04 min. 07 sec. East 293.85 feet;
'thenco Sduut 0 09. 14 min. 48 sec. West 516.97 feet; thence along
a veha ing a dius 95.00 feet and a length of 63.12 feet, with
a chordoof So 2 \deg. 16 min. 49 sec. West 61.96 feet; thence
along d� cur" h vin9� a radius of 499.30 feet and a length 90.81
feet with a h d o& South 52 deg. 06 min. 12 sec. West f90. 69 feet
to the porn and p //ape— aginning,
V 0
0
•
•

NOGR 4$ j ?AGE 229
• Exhibit A (Page 3)
Golf Course Holes 15 through 18:
Beginning at a point, said point being 'located North 24 .deg. 12
min. 09 sec. West 8698.31 feet from a concrete monument located in -
the Southeast corner of The Fidelity Company and the north boundary
line of Turnpike Properties, Inc. said concrete monument being
located North 12 deg. 59 min. 02 sec. West from NCGS monument
"Radio" (Grid coordinates of North 285023,575 meters East 897359.041
aters, NAD, 1983), thence from said beginning point along a curve
ha g a radius of-500.00, and an arc length of 255.04 feet with a
cod Baring of South 80 deg. 04 min. 42 sec. West 252.29 feet,
t enc )Soath 65 deg. 27 min. 55 sec. West 54.14 feet, thence South
4 eg. 32 min. 05 sec. East 20.09 feet, thence along a curve
hqaa radius of 180.00 feet and an arc length of 250.02 feet
12 a xd bearing of South 15 deg. 15 min. 28 sec. West 230.40
fe t, th South 55 deg. 03 min. 01 sec. West 174.69 feet, thence
devth 7de� 47 min. 53 sec. West 217.19 feet, thence North 39
,j 6 n. 5 sec. West 245.34 feet, thence South 43 deg. 56 min.
s c. West 78.18 feet, thence North 01 deg. 50 min. 48 sec. West
28. feet, th nc orth 12 deg. 07 min. 06 sec. West 132.75 feet,
thenc ��NogrjW 11 d 5 min. 19 sec. West 69.53 feet, thence North
22 deg.min. 0 Be . Eaet�0.11 feet, thence North 18 deg. 38
min. 00 secure t 52.6 at thence North 18 deg. 58 min. 30 sec.
West 169.45 Be the a No�gh 1 deg. 53 min. 40 sec. East 43.58
feet, thence N ter` 3 d g. 41 4y1Q' Z sec. West 121.27 feet, thence
North 44 de9. 55 ma. 4 -7 sec.\iWa t 55.`01 feet, thence North 25 deg.
• 55 min. 06 sec:' We 66.38"`f hen North 41 deg. 55 min. 49
sec. West 79.00 fee t thence Norti 55 50 min. 23 sec. West
101.03 feet, thence N0 11 eg. 1 Pal 9 sec. East 69.03 feet,
thence North 11 deg. 10 m . 47 ee% sty .24 feet, thence North
45 deg. 10 min. 44 sec. West 66720 set, ,,,,,,tttttthence North 13 deg. 51
min. 47 sec. West 59.40 feet h�ng Nor 04 deg. 48 min. 17 sec.
West 127.13 feet; thence North 4 deg. 2i ITi. 22 sec. West 89.08
feet, thence North 40 deg. 09 in. 31 pe West 51 feet, thence
North 59 deg. 01 min: 42 sec: West 3.98 fee , he a or 59 deg.
06 min. 12 sec. West 60.95 feet, thenc No th 22 20 min. 16
sec. West 111.12 feet, thence South 42 e1. 4 i sec. West
29.0,4 feet,,thence North 61 deg. 1Z.min. Be . at 1�0 .59,.feet,..
thence North 23 deg. 32min. 15 sec. West 40. feet, H North
/t
13 deg. 49 min. 26 sec. West 75.80 feet, theme North 7 e 06
min. 00 sec. East 41.22 feet, thence North 73 deg. I i 0 s c.
West 63.47 feet, thence North 25 deg. 55 min. 58 s We�ss,t 158.08
feet, thence North 00 deg. 43 min. 17 sec. West 97.9 fe'et', th ce
North 12 deg. 42 min. 18 sec. West 123.43 feet, the Nor 2
deg. 40 min. 53 sec. West 79.24 feet, thence North 29 de 0 m
46 sec. West 144.97 feet, thence North 42 deg. 13 min. 53 Bec {-West
81.14 feet, thence North 08 deg. 17 min: 34 sec. East 98.65 feet,
thence North 10 deg. 27 min. 06 sec. West 85.48 feet, thence N t
32 deg, 45 min. 22 sec. West 57.04 feet, thence North 35 deg.
min, 24 sec. West 81.88 feet, thence North 10 deg. 54 min. 21 sec.
West 90.25 feet, thence North 04 deg. 20 min. 25 sec. West 32.90
feet, thence North 48 deg. 16 min. 23 sec. West 71.01 feet, thence
North 21 deg. 44 min. 11 sec. West 53.18 feet, thence North 42 deg.
• 58 min. 49 sec. West 76.65 feet, thence North 46 deg. 50 min. 20
sec. West 144.51 feet, thence North 13 deg. 11 min. 26 sec. West
83.91 feet, thence North 24 deg. 54 min. 44 sec. West 66.69 feet,
thence North 13 deg. 29'min. 40 sec. East 48.88 feet, thence North
04 deg. 26 min. 33 sec. East 54.74 feet, thence North 05 deg. 51
min. 58 sec. West 59.12 feet, thence South 76 deg. 37 min. 33 sec.
West 91.76 feet, thence North 16 deg. 52 min. 00 sec. East 241.31
feet, thence North 21 deg. 34 min. 35 sec. West 91.03 feet, thence
North 13 deg. 04 min. 41 sec. East 152.75 feet, thence North 27
deg. 46 min. 19 sec. West $6.25 feet, thence South 26 deg. 50 min.
53 sec. West 81.23 feet, ,thence South 36 deg. 41 min. 54 sec. West
33.21 feet, thence South 9'9 deg. 01 min. 06 sec. West

BOOR 481 PAGE 230
Exhibit A (Pace 4)
i
27.94 feet, thence North 62 deg. 43 min,.,..59 sec. West 53.05 feet,
thence North 24 deg. 29 min. 27 sec. West, 89.33 feet, thence North
42 deg. 03 min. 23 sec, West 189.60 feet,'�thence North 32 deg, 30
min, 43 sec. West 162.63 feet, thence North 20 deg. 09 min. 05 sec,
West 124.80 feet, thence North '07 deg. 43 min. 08 sec, West 203.31
feet, thence North 10 deg. 23 min. 08 sec. West 129.38 feet, thence
North 00 deg. 40 min. 37 sac. East 56.30 feet, thence North 43 deg.
48 min. 54 sec. East 84.44 feet, thence North 32 deg. 41 min. 28
sec. East 72.78 feet, thence North 82 dog, 59 min. 11 sec. East
35.41 feet, thence South 35 deg. 22 min: 38 sec. East 76.03 feet,
thence North 43 deg, 21 min. 37sec, East 13.11 feet, thence North
18 deg. 23 min. 26 sec. West 61,72-feet, thence North 06 deg. 55
min. 24 sec. West 88.05 feet, thence North 17 deg.37 min. 24 sec.
West 52.36 feet, thence North 02 deg. 15.min. 35 sec. West 91-16
feet, thence North 16 deg. 01 min. 11 sec, West 60.12 feet, thence
North 32 deg, 34 min. 26 sec. West 48.62 feet, thence North 50 deg.
40 min. 10 sec. West 79.94 feet, thence North 23 deg. 11 min. 52
sec, East 121.11 feet, thence North 69 deg. 14 min: 30 sec. East
133.90 feet, thence along acurve having a radius of 195.00 feet
arid�a arc length of 56.71 feet with a cord bearing of South 29
de'g. OS�min. 23 sec. East 56.51 feet, thence South 37 deg. 25 min.
5 sec6_)East 166.44 feet, thence along a curve having a radius of
Q200 .0 fe antl s length of 81.55 feet with a chord of South 60
deqq./ 12 ml¢�t�`12 sec. East 80.98 feet, thence South 41 deg. 27 min.
46�sec. FWdet 19.94 feet, thence South 09 deg, 52 min: 50 sec: West
3 84 f et, thence South 18 deg. 18 min. 16 sec. East 29.05 feet,
thenc Soy�5 deg. 06 min. 07 sec. -East 58.36 feet, thence South
(4 deg. 23 in. 02 sec. East 120.45 feet, thence South 40 dog. 17'
mih.-L7�se Eats��43.68 feet, thence South 30 deg. 52 min. 36 use.
East 53. fee th rice South 12 deg. 48 min. 18 sec. West 43.06
feet, ence ou h 2 deg. 10 min. 34 sec. West 66.89 feet, thence
South de 3 mid . 48 sec. East 194.04, feet, thence South'37
deg. 54 mi �segg /[oast@ 4.55 feet, thence South-17 deg. 56 min.
22 sec. East 88.�2/feet, the ce South 53 deg. 19 min. 45,sec. East
163.27 feet, tflenSeuph9 -g, g5yain. 44 sac, East 213,05 Peet,
thence South 31 de 93 m n. 2 c, Eat 155.58 feet, thence South
22 deg. 00 min. 96.@@ec .Fast, 6� ea the South 04 deg, 44.
min. 50 aec. East 26410�fee , henc So th 13 deg. 46 min: 54 sec.
West 272.48 feet, thence gout 48 deg. }�1 im hti 18 sec. East 329.28
feet, thence South 52 deg, ?9 min.//1�a�ede./Epst� 202.18 feet, thence
South 92 deg. D7.min. 38 sec. F st <5715I `a thence South 34
deg. 50 min. 10 sec. East 458.35� ee then e TS �th (3 deg. 27 min.
52 sec. Eaet 150.00 feet, thence oath 16 de�(�4 . 34 aec. East
32.20 feet, thence South 15 deg. 0 min. 25 sec. " 1127 .86 feet,
thence South 24 deg. 32 min. 05 ae Eas 446.62 eat, thence North
65 deg. 27 min. 55 sac, East 54 .14 qef, th c ng,a curve
having a radius of 510.00 feet�and an C�c 1 g of: 9.24 feet
with a cord bearing of North 80 deg., 01 min,
feet, thence along a curve having a radius of
arc length of 10.04 feet with acord bearing
min. 20 sec. East 10.04_.feet, _to the point ,of
NORTH CAROLINA, CURRITUCK COUNTY
The foregoing oerlifieate(s) of. Leslie Whitley -Notary of Bare
Notary of the State of TX '
to be correct. This instrument was presented for registration at 8123o'clock AN ,
19_99 and recorded in Hook 481 , Page_3L.
F )(
R gis�d DeWI By CI�I.`i _
Assistant DWsty Regina of Deeds
0

O
a�axo
'gjQ.F� n m aan a w . �;rs xo DAR
w5�rva[ rvv�.on¢n,urt o �mnrt naMM6 M e- eg W z TwS MT DOES W C PLY MiM nS 47-M ti5 wNDW.
Kw[ nDxxnoeoirs a rxorvm eer cars ow tm+w art vna . �eP'' w
'. William/T.LRbbbrn
PROFESSIONAL IA SURVEY R
(zul av-a vn x .. o/✓'K�- �� 4<�ar�da'
(sasl am-sesa exxxcn. xc / .xarosoxn wm swe+ox �c-xn �y T. a�D,s coo-xMroxnin-+a/+v/vD
i
1 • • • i
1
i
T I
i

THE CURRITUCK ASSOCIATES - RESIDENTIAL PARTNERSHIP, a North
Carolina general partnership v. RAY E. HOLLOWELL, JR., D/B/A
SHALLOWBAG BAY DEVELOPMENT COMPANY v. KITTY HAWK ENTERPRISES,
INC., Third -Party Defendant
SHALLOWBAG BAY DEVELOPMENT COMPANY, LLC v. THE CURRITUCK
ASSOCIATES - RESIDENTIAL PARTNERSHIP REOGEOVED
No. 528A04
MAY -22011
FILED: 16 .DECEMBER 2005
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 166 N.C.
App. 17, 601 S.E.2d 256 (2004), affirming an order entered on
- ...
22 May 2003 by Judge W. Russell Duke, Jr., in Superio-r Court,
Dare County. Heard in the Supreme Court 20 April 2005.
Poyner.& Spruill LLP, by J. Nicholas Ellis, for
appellee.
Ragsdale Liggett PLLC, by George R. Ragsdale and Walter
L. Tippett, Jr., for appellants Ray E. Hollowell, Jr.
and Shallowbag Bay Development Company.
PER CURIAM.
Justice MARTIN took no part in the consideration or
decision.of this case. The .remaining members of the Court are
equally divided, with three members voting to affirm and three
members voting to reverse the decision of the Court of Appeals.
Accordingly, the decision of the Court of Appeals is left
undisturbed and stands without precedential value. See Crawford
v. Commercial Union Midwest Ins. Co., 356 N.C. 609, 572 S.E.2d
781 (2002); Robinson v. Byrd, 356 N.C. 608, 572 S.E.2d 781
(2002).
AFFIRMED.

THE CURRITUCK ASSOCIATES - RESIDENTIAL PARTNERSHIP, a North
Carolina general partnership, Plaintiff -Appellee, v. RAY E.
HOLLOWELL, JR., d/b/a SHALLOWBAG BAY DEVELOPMENT COMPANY,
Defendant -Appellant, v. KITTY HAWK ENTERPRISES, INC., Third -
Party Defendant
SHALLOWBAG BAY DEVELOPMENT COMPANY, LLC, Plaintiff -Appellant, v.
THE CURRITUCK ASSOCIATES - RESIDENTIAL PARTNERSHIP, Defendant -
Appellee
NO. COA03-1082
NO. COA03-1085
Filed: 7 September 2004
1. Jurisdiction; Rules of Civil Procedure --motion to enforce settlement agreement-
-failure to cite rule of civil procedure --notice
The trial court did not lack jurisdiction and authority to grant appellee's motion to enforce
the parties' settlement agreement regarding the purchase of property even though appellee failed
to cite a specific rule of civil procedure in the motion, because: (1) a motion that does not comply
with N.C.G.S. § IA-1,.Rule 6 is not defective if the parties are aware of the grounds upon which
the movant is relying; (2) although it is of great benefit to the courts for counsel to name and
number the rule pursuant to which the motion is made, the only requirement is that the grounds
for the motion and the relief sought be consistent with the Rules of Civil Procedure; (3) a
settlement agreement may be enforced by filing a new action or by filing a motion in the cause
even if the parties and their settlement agreement are still before the trial court; and (4) appellants
were notified of the impetus of the motion and the relief sought, and they were given a chance to
respond.
2. Compromise and Settlement --motion to enforce settlement agreement --meeting of
minds --statute of frauds --doctrine of frustration of purpose
The trial court did not err by granting appellee's motion to enforce the parties' settlement
agreement- regardifig the"purchase of property, because: ( l)a va1id offer was made and accepted
in the correspondence between the parties, thus showing the parties reached a meeting of the
minds; (2) the statute of frauds does not require all of the provisions of the contract to be set out
in a single instrument and a memorandum is sufficient if the contract provisions can be
determined from separate but related writings; (3) in the instant case, the correspondence
identified the parties, the purchase price, and the property to be sold; (4) sufficient evidence
existed to support the trial court's determination that appellants' counsel had the authority to bind
his clients and appellants have not rebutted the presumption that their counsel acted on their
behalf; and (5) assuming arguendo that a water shortage would destroy the value of the property
included in the settlement agreement, appellants have not reasonably protected themselves by the
terms of the settlement agreement, it was unconvincing to argue that appellants could not
reasonably foresee a condition in 2002 that they had prepared for in 1996, and there was no
implied condition to the contract that a changed condition would excuse performance in order for
the doctrine of frustration to apply.
Judge HUNTER dissenting.
Appeal by plaintiff Shall owbag Bay Development Company, L.L.C.

and defendant Ray E. Hollowell, Jr., d/b/a Shallowbag Bay
Development Company, from order entered 22 May 2003 by Judge W.
Russell Duke in Dare County Superior Court. Heard in the Court of
Appeals 24 May 2004.
POYNER & SPRUILL, L.L.P., by J. Nicholas Ellis, Esq., for
appellee.
RAGSDALE LIGGETT P.L.L.C., by George R. Ragsdale and Walter L.
Tippett, Jr., for appellants.
TIMMONS-GOODSON, Judge.
In separate appeals, Shallowbag Bay Development Company,
L.L.C. ("Shallowbag") and Ray E. Hollowell, Jr. ("Hollowell")
(collectively, "appellants") appeal the trial court order
dismissing their claims. Prior to argument, the appeals were
consolidated pursuant to N.C.R. App. P. 40 (2004) After reviewing
the merits of the consolidated appeal, we affirm the trial court's
order.
The -fact-sand.-procedural, _history pertinent _to _.the instant
_____
appeal are as follows: In February 1996, The Currituck Associates -
Residential Partnership ("appellee") and appellants entered into a
contract whereby appellee would sell appellants a 9.2 acre parcel
of property located in Currituck County ("the contract"). The
parcel was located within The Currituck Club ("Currituck Club") a
Planned Unit Development in Currituck County. Portions of
Currituck Club had previously been developed by appellee.
Appellants planned to' name the parcel Windswept Ridge Villas.
("Windswept Ridge") and construct ninety-six residential

I
condominium units on it.
The contract contemplated a six -year "take down" of seven
pieces of the property designated "pads" by the parties. On 20
March 1997, the parties closed the sale of the first pad. After
two modifications of the contract, the parties closed the sale of
the second pad on 12 January 1999. On 1 September 1999, the
parties closed the purchase of the third pad. However, the parties
failed to close the sale of the fourth pad, which was contemplated
for Fall 2000.
On 30 April 2001, appellee notified Hollowell that appellants
were in default under the contract. On 1 June 2001, appellee filed
a Complaint against Hollowell and requested that the trial court
declare that "Hollowell materially breached the [contract] and
[appellee] is therefore discharged from further obligations
thereunder or, in the alternative, for a declaration of the rights
and duties of the parties under the [contract][.]" Hollowell filed
an Answer and Counterclaim on 20 September 2001, claiming that
appellee had breached the contract and requesting damages and
specific performance of the terms of the contract. That same day,
Shallowbag Bay filed a Complaint against appellee, alleging the
same breach and requesting the same remedies as Hollowell's Answer
and Counterclaim.
Appellee initiated discovery in the litigation and the parties
scheduled witness depositions for Summer and Fall 2002. On 28
August 2002, appellants' counsel extended a settlement offer to
appellee, whereby appellants would close on the remaining pads by
15 January 2002 for an agreed upon price. In a letter dated 30

I
August 2002, appellee's counsel responded to the offer and accepted
many of its terms. Appellee also proposed that it have an option
to repurchase the third pad if appellants failed to close the
purchase of pads four through six by 15 January 2003. On 30 August
2002, appellants' counsel sent appellee's counsel a letter
accepting appellee's proposal. Appellants suggested that the only
issue' preventing the parties from settling their claims was the
marketing of the condominiums after purchase.
On 3 September 2002, appellee's counsel confirmed via email
that an agreement between the parties had been reached regarding
appellants' marketing of Windswept Ridge. The email also stated
that "in view of our settlement, please permit this email to
confirm [that] the depositions scheduled for later this week will
not take place." On 6 September 2002, appellee's counsel sent an
email to appellants' counsel, attaching a "Mutual Release and
Settlement Agreement" that outlined the parties' agreement.
On 2 October 2002, appellee's counsel solicited appellants'
comments regarding the "Mutual Release and Settlement Agreement."
Appellants' counsel responded that he "had hoped to have the draft
purchase agreement in place for attachment" to his response, but
that he would nevertheless "forward the settlement agreement to
[appellee's counsel] [on 3 October 2002] with or without [the
comments]." On 3 October 2002, appellants' counsel sent appellee's
counsel an email describing his "changes to the initial draft of
the settlement agreement." Attached to the email was a copy of the
"redlined changes." The email stated that appellants' counsel
"must reserve the right to supplement or change [his] comments

after [Hollowell's] review." The email outlined the "revised
document" and'noted that appellant "would like to have a full blown
purchase contract" replace a portion of the "Mutual Release and
Settlement Agreement" that concerned the purchase of pads four
through six. On 16 October 2002, appellee's counsel responded to
appellants' email and outlined various "points to discuss"
concerning the agreement.
At appellants' request, Quible and Associates, P.C. ("Quible")
prepared data regarding Currituck Club's water system in November
2002. After reading Quible's report, appellants became concerned
about the supply of potable water in Currituck Club. After
appellants' counsel notified appellee's counsel about these
concerns, the parties began communications regarding the execution
of a storm water management easement and deed.
On 16 December 2002, appellee's counsel sent appellants'
counsel an email inquiring whether the "deal [was] going to close
by Jan. 15." Appellee's counsel indicated that he was "starting to
have [] doubts that [appellants] [were] going to purchase Pads 4-
6." On 23 December 2002, appellants' counsel sent appellee's
counsel a "draft contract" outlining the terms of a "Purchase
Agreement." Appellee's counsel responded with two emails on 23
December 2002. The first email included "comments on the Purchase
Agreement." The second email contained the following statements:
The parties have a settlement. [Appellants]
cannot now come up with some "issues" to try
to back out of the agreement.
I hope we're not getting to this point, but I
do want to make sure your client realizes that
this agreement will be enforced.

The parties did not close the purchase of pads four through
six by 15 January 2003. Instead, their counsel continued to
negotiate terms of the storm water easement and deed. In Spring
2003, appellants became increasingly concerned about the adequacy
of the potable water available to Currituck Club, as well as legal
issues surrounding Currituck Club's water supplier. On 7 March
2003, appellee informed appellants that if they did not close the
purchase of pads four through six by 21 March 2003, it would
exercise its option to repurchase pad three.
The parties failed to close the purchase of pads four through
six by 21 March 2003, and on 4 April 2003, appellee filed a Motion
to Enforce Settlement Agreement in Dare County Superior Court. In
an order filed 22 May 2003, the trial court concluded that the
parties had reached an agreement in September 2002 that satisfied
the requirements of the statute of frauds. The trial court then
granted appellee's motion to enforce the settlement agreement, and
it ordered that appellee be given sixty days to exercise its option
to repurchase pad three. The trial court also dismissed
appellants' claims with prejudice and taxed attorneys' fees and
costs against appellants. It is from this order that appellants
appeal.
The issues on appeal are: (I) whether the trial court lacked
jurisdiction and authority to entertain and grant appellee's Motion
to Enforce Settlement Agreement; and (II) whether the trial court
erred in granting appellee's Motion to Enforce Settlement
Agreement.

[1] Appellants first argue that the trial court lacked
jurisdiction and authority to consider appellees Motion to Enforce
Settlement Agreement.. Appellants contend that because appellee
failed to cite a specific rule of civil procedure in its Motion to
Enforce Settlement Agreement, the trial court lacked jurisdiction
and authority to enter the order. We disagree.
North Carolina's superior and district courts require that
"[a]11 motions, written or oral, shall state the rule number or
numbers under which the movant is proceeding." General Rules of
Practice For the Superior and District Courts, Rule 6 (2003)
However, N.C. Gen. Stat. § IA-1, Rule 7(b)(1) (2003) requires only
that motions to the trial court "state with particularity the
grounds therefor, and . . . set forth the relief or order sought."
Thus, since "[t]he directive of [Rule 61 has the salutory purpose
of ensuring that the [trial] court and the parties are aware of the
grounds upon which the movant is relying," a motion that does not
comply with Rule 6 is not defective if the parties are given
adequate.notice. Wood v. Wood, 297 N.C. 1, 6, 252 S.E.2d 799, 862
(1979); see Home Health and Hospice Care, Inc. v. Meyer, 88 N.C.
App. 257, 262, 362 S.E.2d 870, 872 (1987) (stating that "failure to
give the number of the rule is not necessarily fatal" to a motion
or claim). Therefore, although "it would be of great benefit to
the trial court and this appellate court for counsel to name and
number the rule pursuant to which the motion is made," Id., this
Court only requires that "the grounds for the motion and the relief
sought . . . be consistent with the Rules of Civil Procedure."
Gallbronner v. Mason, 101 N.C. App. 362, 366, 399 S.E.2d 139, 141,

disc. review denied, 329 N.C. 268, 407 S.E.2d 835 (1991), writ of
mandamus dismissed, 333 N.C. 167, 424 S.E.2d 909 (1992).
In the instant case, appellee's motion requested that the
trial court enforce the settlement agreement and order the
following:
(a) That the Contract between [appellee] and
[appellants] is terminated and that [appellee]
is under no obligation to sell Pads 4-6 to
[appellants].
(b) That the Notice of Lis Pendens filed by
[appellants] against [appellee's] property be
canceled.
(c) That from the date the order enforcing
the settlement agreement is filed with the
Clerk of Court, that [appellee] have 60 days
from that date in which to exercise .an option
to purchase Pad 3 of [Windswept Ridge] from
[appellants] for $585,000. If such option is
exercised, [appellee] would be required to
close on the purchase of Pad 3 at [Windswept
Ridge] from [appellant] within 60 days from
the date that such option is exercised.
(d) That all claims for relief asserted by
[appellant] against [appellee] be dismissed
with prejudice and that [appellee], its
owners partners managers, ._employeesand
agents be released from any and all such
claims asserted by [appellants] in the two
lawsuits.
(e) That the Court enforce any other terms of
the settlement agreement it deems just and
proper.
(f) That the Court tax attorneys' fees and
costs against [appellant] that are associated
with, the enforcement of the parties'
settlement agreement.
In State ex rel. Howes v. Ormond Oil & Gas Co., 128 N.C. App.
130, 493 S.E.2d 793 (1997), the defendant appealed the trial court
order requiring it to comply with the terms of a consent judgment

that had been proposed by the State. After reviewing the record,
we concluded that the defendant did not agree to the terms of the
consent judgment, and that the consent judgment was not an
"accurate memorialization of the parties' intent regarding their
[prior] settlement agreement." Id. at 135, 493 S.E.2d at 796.
Thus, we held that the trial court erred in incorporating the terms
of the proposed consent judgment into its order, and we vacated the
trial court order. Id. at 136, 493 S.E.2d at 796. Although the
State had filed its motion in the same action the agreement
purported to dismiss, we allowed the trial court to consider
whether the State was entitled to specific performance of the
settlement agreement on remand. Id. at 137, 493 S.E.2d at 797.
Appellants contend that this instruction was dicta, and that this
Court has not yet decided whether a party may file a motion in the
cause to enforce a settlement agreement in lieu of dismissing the
cause and filing a second claim for breach of contract. We
disagree.
---- _-__ ---_--_..._._ _.__.... .---_--------_------ — — -
"In support of our instructions in Howes, we stated:
Although our courts have not laid down a
precise method for the enforcement of
[settlement agreements], the general rule in
other jurisdictions is that a party may
enforce a settlement agreement by filing a
voluntary dismissal of its original claim and
then instituting another action on the
contract, or it may simply seek to enforce the
settlement agreement "by petition or motion in
the original action." . . . Here, the parties
and their settlement agreement were still
before the trial court when the State sought
entry of the proposed consent judgment which,
as the court's judgment makes clear, was
actually a demand for specific performance of
the parties' settlement agreement. By asking
the court to enter judgment in accordance with

what it believed were the terms of the
parties' settlement agreement, the State
evidenced its readiness to complywith the
terms of that agreement and Ormond's refusal
to do likewise. The trial court having
concluded that the State was entitled to have
the parties' settlement agreement enforced, we
hold that the trial court may enter a judgment
in this case in accordance with the terms
found in the parties' settlement agreement.
128 N.C. App. 130, 136-37, 493 S.E.2d 793, 796-97 (1997) (citation
omitted). Thus, we are bound by our previous determination that a
settlement agreement may be enforced by filing a new action or by
filing a motion in the cause, even if "the parties and their
settlement agreement [are] still before the trial court." I'd. at
137, 493 S.E.2d at 797.
In the instant case, appellee's motion was in writing and
filed during the original action. It described the contract
between the parties and the negotiations between the parties that
led to the alleged agreement. Attached to the motion were
approximately fifty pages of correspondence between the parties.
The motion clearly sought to enforce the settlement agreement
pursuant to case law, and to dismiss appellants' claims pursuant'to
N.C. Gen. Stat. § IA-1, Rule 41 (2003). Thus, appellants were
notified of the impetus of the motion and the relief sought, and
they were given a chance to respond. Therefore, we conclude that
appellee's motion satisfied the mandates requiring particularity in
pleadings. Accordingly, we hold that the trial court had
jurisdiction over appellee's motion, and that its order granting
the motion did not deprive appellants of their due process rights.
[2] Appellants next argue that the trial court erred in

granting appellee's Motion to Enforce settlement Agreement.
Appellants assert that the correspondence between their counsel and
appellee's counsel only established an "agreement to agree" between
the parties, not an enforceable settlement agreement. We disagree.
In the instant case, on 28 August 2002, appellants' counsel
sent appellee's counsel a letter regarding the then -pending
litigation. That letter reads, in pertinent part:
Pursuant to our recent discussions, I have
revisited settlement options with
[appellants]. [Appellants] [are] now willing
to settle through termination of the current
contract (and its modifications) and the
execution of a new agreement stipulating that
on or before January 15, 2003, the parties
will perform as complete the following:
(2) [Appellants] will close on the
purchase of the three remaining pads
. . . at a cost of $472,500 each for
a total of $1,417,500.
I believe all of the items stated above are
consistent with terms stated in your
`-- -'----�-correspo`d nence-"to -me-`dated---F`ebruary 25
March 28, 2002. Please review this offer with
your client and contact me by Friday at noon.
The parties engaged in subsequent telephone conversations, and
on 30 August 2002, appellee's counsel sent appellants' counsel a
letter stating:
I just want to follow up on our telephone
conversation of August 30 regarding the
possible settlement of the litigation. . . . I
am going to refer to your August 28, 2002
letter to me because that contains the most
recent settlement parameters.
[The letter then reproduces the seven
"settlement parameters" contained in seven

paragraphs of the 28 August 2002 letter. All
but one of the parameters, contained in
paragraph five, was followed by bold type that
stated "This is acceptable to [appellee]."]
As you can see, [appellee] is in essential
agreement with the terms outlined in your
letter in six of the seven paragraphs. The
only substantial difference is that we have
given you a more detailed proposal concerning
the issues contained in Paragraph 5. . . .
Hopefully, the parties can come together[.]
Finally, [appellee] has one additional term.
As you know, Pad 3 is currently owned by
[appellants], but it has not been improved.
Should [appellants] not close by January 15,
2003 on the remaining three pads, [appellee]
would have the option to buy back Pad 3 for
$585,000. It would have 60 days from January
15, 2003 to exercise that option and 60 days
after the date of exercise to close on the
purchase of Pad 3.
I believe these are the main items that need
to be agreed upon by the parties and I look
forward to hearing from you and your client as
soon as possible. At the present time, I
would like to leave the deposition for Mr.
Hollowell, which is scheduled for September 4,
set so that we can take it if the parties
cannot settle their claims before that time.
That same day, appellants, counsel responded with a letter
reading in pertinent part:
[The parties] are very near agreement. First,
the additional term regarding the repurchase
of pad 3 is acceptable.
The sole matter remaining in dispute is
whether [appellants], will be permitted to
staff and otherwise market a model unit.
Quite simply, we need to be able to market
villas in the same manner that they have been
marketed up to now. . . .
Please review this letter with your client and
contact me. If you would like to speak with
me later today, please call [.]

On 3 September 2002, appellants' counsel sent appellee's
counsel an email stating:
I received your message and am pleased that we
have reached an agreement. Please permit this
email to confirm that Mr. Hollowell will hire
an inside marketing agent/broker to handle
sales of the villas and will not engage the
services of an independent, third -party
brokerage company. The remaining terms of the
settlement agreement are consistent with those
stated in our recent series of correspondence.
Further, in view of our settlement, please
permit this email to confirm the depositions
scheduled for later this week will not take
place. . . .
On 6 September 2002, appellee's counsel sent the following
email to appellants' counsel:
Here's the Mutual Release and Settlement
Agreement I've drafted. Please contact me
ASAP and let me know if any changes are
necessary. If not, I'll have duplicate
originals executed by our folks and you can
have [appellant] do the same.
Based upon these communications, the trial court concluded
that a valid settlement agreement existed between the parties on 6
September 2002.
Appellants first contend that the trial court erred in finding
that the parties had reached a meeting of the minds. We disagree.
If supported by competent evidence, a trial court's findings
of fact are conclusive on appeal. Hill v. Town of Hillsborough, 48
N.C. App. 553, 558, 269 S.E.2d 303, 306 (1980). "[M]utual assent
and the effectuation of the parties' intent is normally
accomplished through the mechanism of offer and acceptance."
Snyder v. Freeman, 300 N.C. 204, 218, 266 S.E.2d 593, 602 (1980).
In the instant case, the 28 August 2002 letter established

appellants' willingness to "revisit" settlement options and their
attempt to enter into a new agreement. The letter concluded by
acknowledging its status as an "offer." In appellee's response to
this letter on 30 August 2002, appellee's counsel acknowledged a
possibility of settlement between the parties; accepted all but one
of appellants' offered terms, and proposed an additional term. In
his response sent the same day, appellants' counsel acknowledged
that the parties were "very near agreement," and immediately.
accepted the additional term proposed by appellee. Appellants'
counsel then discussed his client's position on the "sole matter
remaining in dispute," and he invited appellee's counsel to call
him with a response as early as that afternoon. In the email sent
to appellee's counsel on 3 September 2002, appellants' counsel
stated that he was "pleased that [the parties] [had] reached an
agreement." The email "confirm[ed]" that the "sole matter
remaining in dispute" on 30 August 2002 had been settled, and, "in
view of [the] settlement," it "confirm[ed] the depositions
scheduled for later [that] week w[ould]' riot take place." Thus, a
valid offer was made and accepted in the correspondence between the
parties. Therefore, we conclude the correspondence sufficiently
supports the trial court's finding that the parties reached a
meeting of minds.
While a meeting of the minds is essential to form an agreement
between the parties, a contract is "nugatory and void for
indefiniteness" if it leaves any "material portions open for future
agreement." Boyce v. McMahan, 285 N.C. 730, 734, 208 S.E.2d 692,
695 (1974). Defendants contend the agreement in the instant case

is null and void because no final writing was ever executed by the
parties. However, noting that the statute of frauds "does not
require all of the provisions of the contract to be set out in a
single instrument[,]" our Supreme Court has stated that " [t] he
memorandum . . . is sufficient if the contract provisions can be
determined from separate but related writings." Hines v..Tripp,
263 N.C. 470, 474, 139 S.E.2d 545, 548 (1965); N.C. Gen. Stat. §
22-2 (2003). We conclude the correspondence in the instant case
was sufficient to satisfy the requirements of Hines.
The 28 August 2002 letter from appellants' counsel to
appellee's counsel contained the purchase price of pads four
through six as well as the date by which the purchase must have
been closed. Both the 28 August. 2002 letter and appellee's 30
August 2002 reply contained a sufficient description of the land to
be sold. Each correspondence made clear that appellants were the
buyers and appellee was the seller. Thus, the correspondence
identified the parties, the purchase price, and the property to be
" "" "sold:'�"Thes"e"'are the"'essential elements"of the coritract." Yaggy
v. B.V.D. Co., 7 N.C. App. 590, 600, 173 S.E.2d 496, 503, cert.
denied, 276 N.C. 728 (1970) Therefore, we conclude that the trial
court did not err in finding that .the terms of the settlement
agreement could be determined from the correspondence between the
parties' attorneys.
Appellants also contend that because the settlement agreement
in the instant case was agreed to by their counsel it was . not
"signed by the party to be charged therewith," and therefore
violates the statute of frauds. N.C. Gen. Stat. § 22-2. We

disagree.
"[T]he statute [of frauds] expressly recognizes that the
writing which it requires may be signed by an agent,.and it has
long been established that the authority of the agent to do so need
not be in writing." Yaggy, 7 N.C. App. at 600-01, 173 S.E.2d at
503. Nevertheless, "[s]pecial authorization from the client is
required before an attorney may enter into an agreement discharging
or terminating a cause of action on the client's behalf." Harris
V. Ray Johnson Constr. Co., 139 N.C. App. 827, 829, 534 S.E.2d 653,
655 (2000) However, "there is a presumption in North Carolina in.
favor of an attorney's authority to act for the client he professes
to represent." Id. Thus, "[o]ne who challenges the actions of an
attorney as being unauthorized has the burden of rebutting this
presumption and proving lack of authority to the satisfaction of
the court." Id.
In the instant case, as detailed above, the correspondence
between counsel commenced with appellants' counsel making an offer
on -appellants' -'behalf, after`fr"st noting'.that"'he-Had "revis>Eed
settlement options" with appellants and that appellants were
"willing to settle[.]" Hollowell was copied via facsimile and U.S.
mail on each correspondence letter sent to appellee's counsel,
including the 28 August 2002 letter opening negotiations and the 30
August 2002 letter stating that "[w]e have reviewed your letter and
are very near agreement." Thus, we conclude sufficient evidence
exists in the instant case to support the trial court's
determination that appellants' counsel had the authority to bind
his clients. Furthermore, appellants have not rebutted the

presumption that their counsel acted on their behalf. Therefore,
we hold that the trial court did not err in making its conclusion
that the settlement agreement in the instant case was a valid
contract.
Appellants maintain that the potential problems with the
supply of water for Currituck Club ruined the value of the property
they were to purchase under the settlement agreement. Appellants
assert that because.their purpose in purchasing the property was
frustrated, the settlement agreement should be rescinded even if we
conclude it is valid. However, assuming arguendo that a water
shortage would destroy the value of the property included in the
settlement agreement, we nevertheless decline to rescind the
contract in the instant case.
The doctrine of frustration of purpose operates as a defense
to a contract only if the frustrating event was not allocated to
the complaining party by the terms of the contract and was not
reasonably foreseeable to the party. Brewer v. School House, Ltd.,
302 N.C. .207, 211, 274 S.E:2d 206, - 209 (1981). "The
doctrine is based upon the fundamental premise of giving
relief in a situation where the parties could not reasonably have
protected themselves by the terms of the contract against
contingencies which later arose." Faulconer v. Wysong & Miles Co.,
155 N.C. App. 598, 601, 574 S.E.2d 688, 691 (2002) (quoting 17 Am.
Jur. 2d Contracts § 401 (1964)).
In the instant case, we conclude appellants could have
reasonably protected themselves by the terms of the settlement
agreement. As appellants admit in their brief, "[t]he 1996

Contract provided protections to Appellants in the form of a
representation that adequate water treatments [sic] facilities were
present or would be constructed and a certain level of water and
sewer capacity would be available." However, appellants chose not
to seek such "protection" by adding a similar provision to the
settlement agreement, although the settlement agreement concerned
the same property and parties as the 1996 Contract. We are
unconvinced that appellants could not reasonably foresee a
condition in 2002 that they had prepared for in 1996. Furthermore,
for the doctrine of frustration to apply, "there must be an implied
condition to the contract that a changed condition would excuse
performance." Id. at 602, 574 S.E.2d at 691. After reviewing the
correspondence between the parties, including the Mutual Release
and Settlement Agreement, we conclude no such condition exists in
the instant case. Therefore, we hold that the trial court did not
err in enforcing the settlement agreement.
Affirmed.
- - ---Chief-Judge-MARTIN concurs -.-
Judge HUNTER dissents.
HUNTER, Judge, dissenting.
Since the parties did not reach a meeting of the minds and
create an executed document setting out the terms of the settlement .
agreement, I disagree with the majority's conclusion that the trial
court properly granted the Motions To Enforce Settlement Agreement,
and therefore, I respectfully dissent.
I disagree with the trial court's findings and conclusions
that there was a settlement agreement between the parties on 6

September 2002. For our appellate review, the findings were not
supported by competent evidence. Hill v. Town of Hillsborough, 48
N.C. App. 553, 558, 269 S.E.2d 303, 306 (1980). Likewise, "[tjhe
conclusions of law drawn by the trial court from its findings of
fact are fully reviewable de novo by the appellate court." ,Mann
Contr'rs, Inc. v. Flair with Goldsmith Consultants -II, Inc., 135
N.C. App. 772, 775, 522 S.E.2d 118, 121 (1999) (citing Humphries v.
City of Jacksonville, 300 N.C. 186, 187, 265 S.E.2d 189, 190
(1980)).
Here, the trial court's conclusions are not sufficiently
supported by competent evidence. Appellee filed a breach. of
contract suit against appellants on 1 June 2001 and appellants
filed a counter lawsuit against appellee on 20 September 2001.
Before these cases were heard, the parties engaged in extensive
negotiations to settle their contested claims. Appellee eventually
filed motions to enforce the terms of the negotiations, which were
granted by the trial court.
Courts should be extremely cautious in determining that
parties have entered into a settlement agreement when the only
evidence is multiple correspondence and documents exchanged between
their counsel, .but no documents signed by the parties which
formalize the agreement. Here, the parties' counsel, through e-
mails and letters, constantly stated that "execution of a
settlement agreement" was a provision to settling their claims.
All terms were never completely agreed upon, and even if they were,
the parties never signed a document finalizing the agreement.
For a valid contract to exist, the parties must have a meeting

of the minds concerning material terms. Chappell v. Roth, 353 N.C.
690, 548 S.E.2d 499 (2001). In that case, our Supreme Court
opined:
The "mutually agreeable" release was part of
the consideration, and hence, material to the
settlement agreement. The parties failed to
agree as to the terms of the release, and the
settlement agreement did not establish a
method by which to settle the terms of the
release. Thus, no meeting of the minds
occurred between the parties as to a material
term; and the settlement agreement did not
constitute a valid, enforceable contract.
Id. at 693, 548 S.E.2d at 500.
As in Chappell, there was no meeting of the minds in the case
now before us. The parties' correspondence shows that negotiations
and revisions of the settlement documents went before and beyond 6
September 2002. The evidence tends to show through the
correspondence that both parties' counsel had agreed on (1) the
numbered items that appellants proposed on 28 August 2002, (2)
appellee's suggested "buy-back" clause of Pad 3 proposed on 30
August 2002, and (3) appellant's marketing capabilities on 3
September 2002. However, the parties never agreed to all of the
terms of the final document, and its execution was a material fact
and condition to the parties having an agreement.
In contrast, in Bank v. Wallens and Schaaf v. Longiotti, 26
N.C. App. 580, 217 S.E.2d 12 (1975), this Court opined that
reference to a more complete document does not necessarily indicate
that material portions of the agreement have been left open for
future negotiations. It could mean only that immaterial matters,
which are of no consequence, will be added to complete the

agreement. Id. However, in the case before us, the final document
was material to their agreement. The parties' counsel made changes
to it until 7 March 2003, in order for the agreement to be executed
and finalized at closing, which never occurred.
Starting on 25 February 2002 with appellee's counsel offering
to settle with an "execution of a settlement agreement," the
parties began to show their intent not to be bound until they
executed a settlement agreement. Appellants' willingness to settle
on 28 August 2002 was based on "termination of the current contract
(and its modifications) and the execution of a new agreement[.]"
Appellee did not object to that requirement in its 30 August 2002
e-mail response and counsel stated "[he was] going to refer to
[appellants'] August 28, 2002 letter to [him] because that
contain[ed] the most recent settlement parameters."
Then, on 3 September 2002, appellants' counsel stated in an e-
mail that he was "pleased that [they had] reached an
agreement. . . . The remaining terms of the settlement agreement
[were] consistent -with those stated in [their] recent series of
correspondence." That recent series of correspondence included
both parties agreeing that they wanted the execution of a
settlement agreement, a mutual release and a non -disparagement
clause. In response to appellants' counsel's e-mail, on 6
September 2002, appellee's counsel sent an e-mail with an attached
Mutual Release and Settlement Agreement, and he asked to be
notified if any changes were necessary.
The evidence also tends to show that in the 2 September 2002
e-mail to appellee's counsel, appellants' counsel stated "in view

of [the] settlement, please permit [that] e-mail to confirm the
depositions scheduled for later [that] week [would] not take
place." On 23 December 2002, appellee's counsel stated "[t]he
parties ha[d] a settlement. [Appellant could not] now come up with
some `issues' to try to back out of the agreement." Nevertheless,
these statements do not undermine both parties' expressed desire to
have an executed contract and their continuous negotiations to
finalize their agreement by executing a document setting it out.
After 6 September 2002, the parties continued to negotiate in
correspondence dated 2 October 2002, 3 October 2002, 16 October
2002, 26 November 2002, 2 December 2002, 16 December 2002, 19
December 2002, 23 December 2002, 3 January 2003, 8 January 2003, 14
January 2003, 7 March 2003 and 24 March 2003. On 2 October 2002,
appellee's counsel asked for comments on the Settlement Agreement
"so [they could] keep [the] settlement moving towards
finalization." On 11 November 2002, the parties began to have
additional communication involving appellants' concerns about the
-potable-water -system--in the- Currituck--Club'-` `On-8...January-20'03,-"
appellants' counsel stated his client had deposited money in the
trust account "for use in closing the transaction contemplated by
[their] settlement negotiations in the event a settlement [was]
ever reached." Because of the water supply concerns, a stormwater
easement was included on 14 January 2003 as an additional document
to finalize the agreement, which did not exist on 6 September 2002.
On 7 March 2003, appellee's counsel offered:
[I]f [appellants did] not desire to sell back
Pad 3 to [appellee], but prefer[ed] to retain
it, that would be satisfactory. . . . [He]

believe[d they could] conclude the settlement
by simply having documents executed that
relieved appellants] from any obligation to
purchase Pads 4-6 and relieve[d appellee] of
any obligations to sell [appellants] Pads 4-6.
This e-mail shows that appellee was offering terms different from
what the parties had negotiated by 6 September 2002. Furthermore,
as late as 24 March 2003; appellee's counsel sent an e-mail in
response to a telephone conversation with appellants' counsel the
previous week. It suggested that appellants had proposed different
terms to replace the previous negotiations, including that
appellants did not intend to buy Pads 4-6 and wanted to sell to
appellee their two condos in the Currituck Club. These last
communications between appellee and appellants indicate that the
parties were still negotiating the terms of the contract. By 24
March 2003, over twenty-eight weeks after 6 September 2002, they
had not entered into a formalized agreement.
In addition, as found in Hines v. Tripp, 263 N.C. 470, 139
S.E.2d 545 (1965), the statute of frauds "does not require all of
the ---provisions -of---the---contract- to -be"-set -out in -a single ­
instrument." instrument." Id. at 474, 139 S.E.2d at 548. However, a contract
is "nugatory and void for indefiniteness" if it leaves any
"material portions open for future agreement." Boyce v. McMahan,
285 N.C. 730, 734, 208 S.E.2d 692, 695 (1974) The facts of the
case sub judice show that even if the statute of frauds' written
requirements for entering into a valid contract for land were
satisfied, these parties never agreed to be bound by any
contractual terms until they executed the finalized agreement or
signed other binding documents.. As further proof, the following

clause was included in each draft of the proposed settlement
agreement: "13. COUNTERPARTS: This Settlement Agreement may be
executed in multiple counterparts and shall be binding upon all
parties when a counterpart has been signed by all parties hereto
and for all intents and purposes as if all of the parties had
signed a single document." (Emphasis added.)
The parties never signed separate documents nor did they sign
this agreement and thus, were not bound by any of the settlement
agreement negotiations at any time.
Therefore, I disagree with the majority because the parties
contemplated the execution of a settlement agreement to finalize
their negotiations and did not on 6 September 2002 have the present
intent to be bound by any terms. I would hold that the trial court
erred in granting the Motions to Enforce Settlement Agreement and
I would let the lawsuits proceed accordingly.

L
AMA
W01:10
NCDNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 17, 2011 /
Mr. Doug Anderson, Executive Vice -President des-�"`���&4 evr)
The Currituck Associates — Residential Partnership ZGf
c/o Boddie Noell Enterprises, Inc.
PO Box 1908
Rocky Mount, NC 27802-1908
Subject: Stormwater Permit No. SW7110108
The Currituck Club — Phase 8A
High Density Subdivision Wet Pond Project
Currituck County
Dear Mr. Anderson:
The Washington Regional Office received a complete Stormwater Management Permit
Application for The Currituck Club — Phase 8A on January 19, 2011. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We
are forwarding Permit No. SW7110108, dated March 17, 2011, for the construction of the
project, The Currituck Club — Phase 8A.
This permit shall be effective from the date of issuance until March 17, 2021, 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 150E 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 Samir Dumpor, or me at [phone].
nicer ly,
AI Lodg ��
Regional Supervisor
Surface Water Protection Section
AH/sd: K\SD\Permits-Wet Pond\SW7110108
cc: Andy Deel, PE, Quible & Associates, P.C.
Currituck County Inspections
,/Washington Regional Office
North Carolina Division or Water Quality Internet: www.ncwater<ul ahty.cit;
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
One
NorthCaroltna
An Equal Opportunity/Affirmative Action Employer— 50%Recycletl110% Post Consumer Paper
Natural&

State Stormwater Management Systems
Permit No. SW7110108
JP
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
The Currituck Associates — Residential Partnership
The Currituck Club — Phase 8A
Currituck County
FOR THE
construction, operation and maintenance of one wet detention pond in compliance with
the provisions of Session Law 2008-211 and 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 17, 2021 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
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 29 lots, each allowed a maximum of (see Attachment "A") square
feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
4. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
Page 2 of 10

State t:itormwater management bystems
Permit No. SW7110108
5.
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a.
Drainage Area, acres:
9.93
b.
Total Impervious Surfaces, ft2:
169,764
c.
Average Pond Design Depth, feet:
4.0
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.51,
f.
Permanent Pool Elevation, FMSL:
5.50
g.
Permitted Surface Area @PP ft2:
21,913
h.
Permitted Storage Volume, ft�:
128,160
i.
Storage Elevation, FMSL:
10.00
j.
Predevelopment 1 year 24 hour:
9.35
k.
Post development 1 year 24 hour:
0.00
I.
Permanent Pool Volume, ft
72,876
m.
Forebay Volume, ft3:
13,316
n.
Maximum Fountain Horsepower:
'/< HP
o.
Receiving Stream / River Basin:
Currituck
p.
Stream Index Number:
30-1
q.
Classification of Water Body:
"SC"
II. SCHEDULE OF COMPLIANCE
at temporary pool
Sound / Pasquotank
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
If an Architectural Review Board or Committee is set up by the permittee to
review plans for compliance with the BUA limit, the plans reviewed must include
all proposed built -upon area. Any approvals given by the Board do not relieve the
homeowner of the responsibility to maintain compliance with the permitted BUA
limit.
4. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
5. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
6. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
Page 3 of 10

State Stormwater Management Systems
Permit No. SW7110108
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.
7. The permittee shall submit for approval, final site layout and grading plans for
any permitted future development areas shown on the approved plans, prior to
construction.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
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.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
14. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
15. 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 SW7110108, as issued by
the Division of Water Quality under NCAC 2H.1000.
Page 4 of 10

State Stormwater management Systems
Permit No. SW7110108
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 (see Attachment "A") 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.
g. 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.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. If permeable pavement credit is requested, the property owner must
submit a request, with supporting documentation, to the permittee and
receive approval prior to construction of BUA.
16. 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.
17. 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.
18. 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'/< HP.
20. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of
Water Quality. The request to modify must include a soils report identifying the
type of soil, the Seasonal High Water Table elevation and the infiltration rate.
Upon the successful completion of a permit modification, the individual lot owners
that request to utilize permeable pavements must submit the necessary forms
Page 5 of 10

State Stormwater Management Systems
Permit No. SW7110108
and documentation to the permittee and receive approval prior to construction of
the permeable pavement.
21. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form signed by both parties, to the
Division of Water Quality, accompanied by the supporting documentation as
listed on page 2 of the form. 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 permit conditions until such
time as the Division approves a request to transfer the permit.
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) having 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 permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2008-
211, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
12. This permit shall be effective from the date of issuance until March 17, 2021.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Page 6 of 10

State Stormwater Management Systems
Permit No. SW7110108
Permit issued this the 17th day of March, 2011.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
/or Goleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7110108
Page 7 of 10

State Stormwater Management Systems
Permit No. SW7110108
The Currituck Club — Phase 8A
Stormwater Permit No. SW7110108
Currituck Countv
Designer's Certification
Page 1 of 2
I, as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
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 is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 10

Certification Requirements:
State Stormwater Management Systems
Permit No. SW7110108
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
Currituck County Building Inspections
Page 9 of 10

State Stormwater Management Systems
Permit No. SW7110108
ATTACHMENT "A"
Lot #
Lot Area (s.f.)
BUA (s.f.)
Lot #
Lot Area (s.f.)
BUA (s.f.)
431
8,102
2,431
446
8,152
2,446
432
8,172
2,452
447
8,152
2,446
433
10,273
3,082
448
8,078
2,423
434
7,520
2,286
449
8,017
2,405
435
7,743
2,323
450
8,144
2,443
436
7,929
2,379
451
11,317
3,395
437
8,703
2,611
452
8,023
2,407
438
9,140
2,742
453
8,827
2,648
439
10,875
3,263
454
8,653
2,596
440
9,052
2,716
455
9,113
2,734
441
8,994
2,698
456
8,400
2,520
442
8,261
2,478
457
8,275
2,483
443
9,509
2,853
458
8,905
2,672
444
8,152
2,446
459
8,896
2,669
445
8,152
2,446
Page 10 of 10

S ��) *1�Z-)
:;r v 'k'. "'d
''.t
`ors
Date Received
Fee Paid
Permit Number
Applic le R les: ❑ Coastal SW -1995
❑ Coastal SW - 2008 ❑ Phli- Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Manag ment Plan
❑ Other WQ M mt Plan:
State of North Carolina FdIi�yZs -
Department of Environment and Natural Resources
Division of Water Quality JAN 1 9 2011
STORMWATER MANAGEMENT PERMIT APPLICATION FORM — pn �
Thus form may be photocopied for use as an original �'u�A& 2{_
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
The Currituck Club Phase 8A
2. Location of Project (street address):
Project is located to the east of the intersection of Windswept Way and Hunt Club Drive in the Currituck
City:Corolla County:Currituck Zip:27927
3. Directions to project (from nearest major intersection):
Project is located to the east of the intersection of Windswept Way and Hunt Club Drive in the Currituck
4. Latitude:360 18' 17.67" N Longitude:750 48' 28.91"W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): NNew ❑Modification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's
certification
2. Specify the type of project (check one):
❑Low Density NHigh Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DWQ requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major
❑NPDES Industrial Stormwater
❑Sedimentation/Erosion Control: 8.15 ac of Disturbed Area
❑404/401 Permit: Proposed hnpacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit
Number, issue date and the type of each permit:
Form SWU-101 Version 07Jun2010 Page] of6 s I,%G
�eur� q'VA',.5 6C

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the proiect):
Applicant/Organization:The Currituck Associates - Residential Partnership c/o Boddie Noell Enterprises Inc
Signing Official & Title:Mr. Doug Anderson Executive Vice President The Currituck Associates -
Residential Partnership
b.Contact information for person listed in item 1a above:
Street Address:P.O. Box 1908
City:Rocky Mount State:NC Zip:27802-1908
Mailing Address (if applicable):P.O. Box 1908
City:Rocky Mount State:NC Zip:27802-1908
Phone: (252 ) 937-2000 Fax: )
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a
and 2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner
Signing Official &
b.Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (if
City:
Phone: ( 1
State:
Fax:
Zip:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/ Organization:Quible &Associates. P.0
Signing Official & Title:David A. Deel. P.E.
b.Contact information for person listed in item 3a above:
Mailing Address:P.O. Drawer 870
Form SWU-101 Version 07Jun2010 Page 2 of 7

City:Kitty Hawk
Phone: (252 ) 261-3300
State:NC Zip:27949
Fax: (252 ) 261-1260
Email:[e-mail]
4. Local jurisdiction for building permits: Currituck County
Point of Contactiason Litteral, Planner
IV. PROJECT INFORMATION
Phone #: (252 ) 453-8555 ext. 233
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Runoff is collected via a series of drop inlet and storm sewer and then conveyed to an over -sized wet basin
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUDApproval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW —1995 ❑ Ph Il — Post Construction
3. Stormwater runoff from this project drains to the Pasquotank River basin.
4. Total Property Area: 9.93 acres
5. Total Coastal Wetlands Area: n/a acres
6. Total Surface Water Area: n/a acres
7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area':
9.93 acres
Total project area shall be calculated to exclude the ollozuing: the normal pvol o impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (13U& Non -coastal wetlands landward of the NHW (or MHW) line may be
included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 40.6 %
9. How many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Form SWU-101 Version 07Jun2010 Page 3 of 7

Basin Info'rm'ation
'Drama etArea l
;IDrain e Area 2
'DiamageAfca.j
Diaina'e Area'_•
Receiving Stream Name
Currituck Sound
Currituck Sound
Stream Class *
SC
SC
Stream Index Number *
30-1
30-1
Total Drainage Area (sf)
505,065 1/
60,859
On -site Drainage Area (sf)
371,846
60,859
Off -site Drainage Area (so
133,219
Area** Proposed Impervious Are(sf)
169,764 V
10,486
% Impervious Area** (total)
1 33.6%
17.2%
Impervious' Surface Area
Drainage, rea 1
'Drama e Area "
Draina e Area _.
Drainage Area
On -site Buildings/Lots (sf)
80,537
_
On -site Streets (sf)
69,515
2,296
On -site Parking (so
2,741
On -site Sidewalks (so
11,670
1,460
Other on -site (so
Future (so
Off -site (sf)
4,435
Existing BUA*** (sf)
0
3,989
Total (sf):
169,764 V 1
10,486
Stream Uass and Index Number can be determined at: http://portal ncdenr or /zuebhaq/ps/csu/classifications
Imppervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidezoalks, gravel areas, etc.
Report only that amount of existing BUA that Will remain after development. Do not report any existing BUA that is
to be rentoved and Which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation. AutoCAD Area
Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenror> web/wq/ws/su/bmp-manual.
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. A detailed application instruction sheet and BMP
checklists are available from http:ZZportal.ncdenr.orgZweb/wq/ws/suZstatesiv/forms does. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at http://portal.ncdenr org/web/wq/ws/su/mnlns.)
Please indicate that the following required information have been provided by initialin in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal ncdenr ore Zweb/wq/ws/su/statesw/forms dots.
In' 'als
1. Original and one copy of the Stormwater Management Permit Application Form. DA
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part Vll beloz))
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http:ZZwww.eiivheig.org/paces/onestopexpress htmt for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
Form SWU-101 Version 07Jun2010 Page 4 of 7

4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to —W�
http://www.envhelp.orgZpages/onestoiDexpress.litml for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.) ^ Ap
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for D' �\
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the DAD 7 j,
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 1 Np�k�tbe
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
I. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MFIW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NFIW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SFI WT elevations (Please identify _
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x1I" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: PC I Page No: 354 Mp
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC PAD _
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The T tN NaerajtuN
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretary.state.nc.us/Corl?or-,itions/­CSearcli.aspx
Form SWU-101 Version 07Jun2010 Page 5 of 7

VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from
htty://portal.ncdenr.org/web/wq/ws/suZstatesw/forms does. Download the latest versions for each
submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, 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 NC DWQ and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:David A. Deel, P.E.
Consulting Firm: Quible & Associates P.C.
Mailing Address:P.O. Drawer 870
City:Kitty Flawk
Phone: (252 ) 261-3300
Ei-nail:[e-mail]
State:NC Zip:27949
Fax: (252 ) 261-1260
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item 1a) to develop the project as currently proposed. A copy
of the lease agreement or pending property sales contract has been provided with the submittal, which indicates
the party responsible for the operation and maintenance of the stormwater system.
Form S WU-101 Version 07Jun2010 Page 6 of 7

As the legal property owner I acknowledge, understand, and agree by my signature below, that if my
designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or
defaults on their lease agreement, or pending sale; responsibility for compliance with the DWQ Stormwater
permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ
immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be
operating a stormwater treatment facility without a valid permit. I understand that the operation of a
stormwater treatment facility without a valid perm t is a violation of NC General Statue 143-215.1 and may
result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day,
Pursuant to NCGS 143-215.6.
a Notary Public for the State of
do hereby certify that
before me this _ day of
County of
personally appeared
and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission
X. APPLICANT'S CERTIFICATION
I, (print or hjpe name of person listed in Contact Information, item la) Mr. Doug Andersmi
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater rule under 15A NCAC 2H .1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211.
Signatur Date:-1 a D%
I, R n 6!:S a Notary Public for the State of N L County of
i �r_C21�. . do hereby certify that c� {�cP�.taov, personally appeared
before me this Ct day of btl a olo and acknowledge the uue execution of the application for
a stormwater permit. Witness my hand and official seal,
DONNA H. REYNOLDS
Notary Public. North Carolina
Greene County
My Commission Expires
September 11, 2011
SEAL
My commission expires
Form SWU-101 Version 07Jun2010 Page 7 of

High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L: 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. 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.
I, Doug Anderson ,acknowledge, affirm and agree by my signature below, that l will cause the
following deed restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality under the
Stormwater Management Regulations.
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 built -upon area per lot, in square feet, is as listed below:
Lot #
Lot Area (ft2)
BUA (ft2)
Lot #
Lot Area (ft2)
BUA (ft2)
431
8,102
2,431
432
8,172
2,452
433
- 10,273
3,082
434
7,520
2,286
435
7,743
2,323
436
7,929
2,379
437
8,703
2,611
438
9,140
2,742
439
10,875
3,263
440
9,052
2,716
441
8,994
2,698
442
8,261
2,478
443
9,509
2,853
444
8,152
2,446
445
8,152
2,446
446
8,152
2,446
447
8,152
2,446
448
8,078
2,423
449
8,017
2,405
.450
8,144
2,443
451
11,317
3,395
452
8,623
2,407
453
8,827
2,648
454
8,653
2,596
455
9,113
2,734
456
8,400
2,520
457
8,275
2,483
458
8,905
2,672
459
8,896
2,669
r..
EZ. ,-
-e=.f-
JAN 1 9 2011
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.
7. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters.
Fonn_ DRPC-3 Rev.2 05Nov2009 Page 1 of 2

High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
8. Alt 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 roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
e
State of ��L , County of (- ('ee-l� -
do hereby certify that ZIAAr, l 5 rn�i A 50y\ personally appeared
before me this the day of aALo <r/ 20�, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Signature u
My Commission expires II( /ao
SEAL
DONNA H. "YNOLDS
Notary Public, North Carolina
Greene County
My Commission Expires
September 11, 2011
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
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 ® does not . incorporate a vegetated filter at the outlet. JAN 1 9 2 O If
This system (check one): I.. & a"
® does ❑ does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected once a month and
within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a
Coastal County). Records of operation and maintenance should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: -
Potential problem:
How I will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the wet
detention basin
Areas of bare soil and/or
erosive gullies have formed.
Regrade the soil if necessary to
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
Form SW401-Wet Detention Basin O&M-Rev.4
Page I of 4

Permit Number:
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
Swale
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the Swale if necessary to
Swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future 12roblems with erosion.
The forebay
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design depth for
possible. Remove the sediment and
sediment storage
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional
show that pruning is needed
practices
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area
Sediment has accumulated to
Search for the source of the
a depth greater than the
sediment and remedy the problem if
original design sediment
possible. Remove the sediment and
storage depth.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4

Permit Number:
(to be provided bl, DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. if a licable
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet.
the 401 Oversight Unit at 919-733-
1756.
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 5.0 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads5.0 feet in the forebay, the sediment
shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 5.5
Sediment Removal - . 0_5 + Pe maven Pool
--------- Voluinc
Bottom Elcvatio -0.5 -ft Min. ---
Sediment
Storage
FOREBAY
Form SW401-Wet Detention Basin O&M-Rev.4
Sediment Removal Elevation 0.5
Volume
-----------------------------------------
Bottom Elevation -11.0
I-tl n
Sedimer
Storage
MAIN POND
Page 3 of

Permit Number:
be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the 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.
Project name:The Currituck Club - Phase 8A
BMP drainage area number:
Print name:Mr. Doug Anderson
Title:Executive Vice President, The Currituck Associates - Residential Partnership
Address:c/o Boddie-Noell Enterprises, Inc., P.O. Box 1908, Rocky mount NC 27802
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.
11 _ 5 , a Notary Public for the State of
—NG County of do hereby certify that
DDIMI ar, E . PN\Azf 6U✓1 personally appeared before me this
day of �oU of (u , and acknowledge the due execution of the
forgoing wet detention basin maintenance requirements. Witness my hand and official
seal,
DONNA H. REYNOLDS
Notary Public, North Carolina
Greene County
My Commission Expires p
September 11, 201)
SEAL
14/"w y�
My commission expires
Form SW401-wet Detention Basin O&M-Rev.4 Page 4 o f 4

STORMWATER SUBMITTAL REQUIREMENTS
WET DETENTION POND
Objective
A. Collect all runoff from all BUA (proposed and/or existing and/or offsite) as the case may be,
by any means including piping or swales, and direct it to the pond.
B. Check the proposed pond design to make sure it meets or exceeds the minimum design
criteria for surface area, volume and drawdown.
It. What makes up a complete wet detention pond application package?
A. Two sets of sealed, signed & dated layout & grading plans with appropriate details.
(Additional sets of plans may be requested for projects in certain counties)
B. Completed application with supplement(s), SWU-101, SW401-Wet Pond, and inspection and
maintenance agreements.
C. Deed restriction document, if applicable (for subdivisions & projects with out parcels)
D. Sealed, signed & dated calculations.
E. Estimated seasonal high water table elevation at all pond locations.
F. Chlorides test results must be provided if the project is within'/2 mile of SR waters (Phase 11).
(This is only required to test out of SR water treatment requirements)
III. BIMS entry (for DWQ use only)
Enter & track application acknowledged date, review date, add info requested/received dates, permit
issue dates, and drainage area info. Best done after the add info letter is written and before sending
permit up for signature.
IV. Shell documents (for DWQ use only)
Permit shells: s:\wqs\stormwater\shells\highcom pond
s:\wqs\stormwater\shells\highsubpond
s:\wqs\stormwater\shells\HDhybrid
Spreadsheet: s:\wqs\stormwater\excel spreadsheets\pond
VI. Review Procedure
A. APPLICATION
1. V An original signature is required. Photocopied signatures cannot be accepted.
2.✓ A completed wet detention pond supplement and a signed, dated and notarized wet
4 detention pond Inspection and Maintenance Agreement with an original signature.
3. The numbers on the supplement match up to the numbers used in the calculations and
shown on the plan details.
4. Built -upon areas are reported in square feet in Section 111.6.
5.✓Receiving stream name and classification. This is important because in the non -Phase
� l counties, a wet pond cannot be used on a project that is within ''/z mile of and draining
/ to SA waters. For Phase 11, a wet pond is allowed within '/2 mile of SA.waters.
6Y Section 111.6 is filled in -cannot be left blank. One column must be filled in for each
/proposed wet pond.
7. t/ If the applicant is a corporation, partnership or LLC, look it up on the Secretary of State
Corporations Database. Make sure corporation is spelled correctly (capitalization and
punctuation matter) and that the person signing the application is at least a vice-
president in the corporation, a General Partner in the partnership, a member in a
member -managed LLC, or the manager of a manager -managed LLC. Need
documentation to support if the Articles of Incorporation do not list the members or
managers of the LLC. If an agent signs, then a letter of authorization is needed from the
president, vice president, general partner, member or manager.
8. � For subdivided projects, a signed and notarized deed restriction statement must be
provided.

Wet Detention Pond, cont..
B. CALCULATIONS
1. The orifice is sized based on drawing down the calculated minimum volume in 2-5
days. The average head to use in the orifice equation is approximately one-third of
the distance between the permanent pool elevation (PPE) and the elevation of the
next available outlet above the permanent pool. The elevation of the next available
outlet must be either the elevation where the minimum volume is provided, or it can
be higher. The temporary pool elevation (TPE) to report on the supplement will be
the elevation of the next available outlet above the PPE. The temporary pool volume
(TPV) to report on the supplement is the volume between the specified PPE and the
TPE.
2. For Phase 11 projects that are within '/z mile of and draining to SR waters, the
difference in runoff from the predevelopment and post -development conditions for
the 1 year 24 hour storm must be controlled and treated.
3. For Phase II projects, the discharge rate leaving the pond can be no more than the
pre -development discharge rate for the 1 year 24 hour storm.
4. For Phase II projects draining to SA water, no discharge to surface waters may occur
from wet ponds. The discharge leaving the orifice must be effectively infiltrated prior to
reaching surface waters.
5. The average pond depth is the permanent pool volume divided by the permanent pool
surface area. The result must be between 3 ft. and 7.5 ft. Parts of the pond can be
deeper than 7.5 ft., but in no case can any part of the pond be less than 3 ft deep.
6. If the 85% TSS chart is used a 30' vegetated filter must be provided at the outlet of the
pond. If the 90% TSS chart is used, no filter is required.
7. Use the correct SA/DA TSS chart from the BMP Manual noting that there are different
charts for different areas of the State.
8. Required surface area at permanent pool.
9. Provided surface area at permanent pool (Based on pond dimensions)
10. Required volume calculation based on 1.5" storm for Phase 11 projects" and 1" storm for
all others projects. 'unless the project is Phase II and within ''/z mile of and draining to
SR waters then the volume calculation must be based on difference between the pre
and post development conditions for the 1-yr 24-hr storm.
11. Table of elevations, areas, incremental volumes and accumulated volumes for overall
pond and for forebay, to verify volumes provided.
12. Forebay designed to hold 20% of the permanent pool volume. (Range of 18%-22%
OK.)
13. Non -erosive flow for 10 yr. storm in the vegetated filter, if using 85% TSS.
14. The seasonal high water table must be at or below the proposed permanent pool
elevation to assure that the necessary volume will be available above the permanent
pool.
15. Rounding numbers off during the calculation process can result in deficiencies. Do not
round the numbers until you get to the final result.
16. An additional one foot must be excavated below the bottom elevation of the pond. The 1
foot sediment accumulation depth is not included in the average depth calculation.

Wet Detention Pond, cont.
C. PLANS- Due to storage space constraints, plan sheets should be kept to a minimum. For
small commercial single wet pond projects, the plan set could consist of only 2 or 3 sheets,
layout, grading and details. For larger projects, show as much information as possible on as
few sheets as possible, without cluttering them up.
1. j/Development/Project Name
2. ✓ Engineer name and firm.
3.✓,l a
4. Northrth Arrow
2 5. Location Map with nearest intersection of two major roads shown. Major road is any 1,
2, or 3 digit NC, US or interstate highway.
6. ✓Scale- standard engineering scale, no off-the-wall stuff.
7. ✓ Date
8. v�Revision number and date, if applicable.
9. V Original contours, proposed contours, spot elevations, finished floor elevations, pipe
inverts, swale inverts, etc.
10.►/Existing drainage (piping, swales, ditches, ponds, etc.), including off -site. Include a map
delineating the offsite drainage areas.
2 11. Property/Project boundary lines, bearing & distances.
12k1ean High Water Line or Normal High Water Line, if applicable.
13.V The permanent pool elevation must be above the SHWT and above the lowest
elevation of adjacent wetlands. Evaluate the need for a liner and/or berm/slurry wall to
prevent dewatering the wetland.
14. ✓Drainage easement widths, pipe sizes and swale inverts are provided.
15.j/Wetlands delineated, or a note on the plans that none exist. Get a copy of the wetlands
delineation map signed by the Corps of Engineers, or have the applicant include a copy
of the unsigned delineation map submitted to the Corps. Wet ponds may not be located
in wetlands unless a permit to fill those wetlands has been obtained.
16.\,/Details for the roads, parking, cul-de-sacs, including sidewalk width, radii, dimensions &
lopes.
17. partment / Condo development- Provide a typical building footprint with dimensions
and note all concrete and wood deck areas.
18. The drainage area for each wet pond is clearly delineated and numbered to match up to
the calculations and supplement. Drainage area delineation is best done as a separate
plan sheet.
19. VA pond section detail to include the forebay, a 10 foot wide vegetated shelf, pertinent
elevations for the bottom, permanent pool, temporary pool, and SHWT, 3:1 slopes
above the permanent pool, and the weir elevation between the main pond and the
forebay.
20. The 10 vegetated shelf extends 6" below and 6" above the permanent pool elevation.
2 21. An outlet structure detail showing a trash rack with :56" square openings, the necessary
orifice invert elevation (i.e., the permanent pool), orifice size and temporary pool
elevation.
22. Dimensions for each line and arc formed by the permanent pool contour.
23. Where the 85% TSS chart was used, a 30 ft. vegetated filter strip is required to be
shown on the plans & detailed (elevations, inverts, slopes, and flow spreader
mechanism). Please note that the filter strip is not a ditch.
24. A forebay is provided for each inlet and located so as to prevent short-circuiting.
25.V The pond must have a minimum 1.5:1 length to width ratio and a minimum 3:1 flow path
length. Artificial "baffles" of timber, vinyl, or earth can be used to create a longer flow
path. The top elevation of the baffle should be set at the temporary pool elevation or
26Y A Vegetation plan is specified for the pond, including slopes. Wetlands species are
listed for planting on the 10:1 shelf. Weeping Love Grass is not suitable as a permanent
/vegetated cover for pond slopes.
27Y All roof drainage must be directed to the pond. Show the roof drain collection lines on
the plan. This is necessary for projects where the buildings back up the property lines
where roof drainage may leave the site prior to going through the pond.

'Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
January 13, 2011
Samir Dumpor
NCDENR, Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: Low Density Stormwater Permit Application
Phase 8A, Currituck Club
Currituck County, North Carolina
Dear Samir;
P.O. Drawer 870
KIHy Hawk, NC 27949
Phone'. 252-261 -3300
Fax: [phone]
Web'. quible,com
PRINCIPALS
Eduardo J. Voldiview. PE.
Brian D. Rubirn, P.G.
Warren D. EaI PG.
ASSOCIATES
JoSeph J. Anlout P.E.
David A. Deel, P.E.
Katherine C. Marchello, P, LS.
JAN 1 9 2011
On August 31, 2010, your office issued a General Stormwater Permit for rough grading of The
Currituck Club, Phase 8A, Stormwater Permit Number SWG03001 I. We have now developed
formal subdivision plans for Phase 8A and need to process a High -Density Stormwater Permit for
this development activity.
On behalf of The Currituck Associates - Residential Partnership, we hereby submit for review and
approval a High Density Stormwater Application for the construction of the Currituck Club, Phase
8A subdivision.
The following items are included with and shall be considered part of this submittal package:
1. Review fee check in the amount of $505.00, made payable to the NCDE&NR
2. Two (2) copies (one original signature) of the Stormwater Management Permit Application
Form
3. One (1) copy of the Wet Detention Basin Supplement, Form SWU-401
4. One (1) copy (original signature) of the Wet BasinO&M Agreement
One (1) copy (original signature) of the High Density Deed Restrictions, Form DRPC-3
6. Two (2) sets of Grading and SESCP Plans
One (1) copy of the Stormwater Narrative

OOP
r
8. One (1) copy of Plat Cabinet: 1, Slide: 354-355
9. One (1) copy of he NC Supreme Court Opinion on Case No. 528A04
10. One (1) copy of the NC Court of Appeals Opinion Case Nos. COA03-1082, COA03-1085
11. One (1) copy of Deed Book: 363, Page No. 478
12. One (1) copy of Deed Book: 481, Page No. 223
At your earliest convenience, please review the enclosed information for compliance with your
permit requirements. If you have any questions or if you require any additional information, please
contact me at [phone].
Please review and approve the attached.
Sincerely,
ib4Ae
o'ates, PC.
Davi, P.E.
cc: Michael Cherry - Currituck Associates - Residential Partnership

Quible
Quible & Associates, P.C. f J
ENGINEERING • ENVIRONMENTAL. SCIENCES • PLANNING • SURVEYING
SINCE 1959
March 2, 2011
Mr. Samir Dumper
NCDENR, DWQ
943 Washington Square Mall
Washington, North Carolina 27889
Re: Stormwater Management Plan
Stormwater Project No. SW7110108
Phase 8A, The Currituck Club PUD
High Density Development, Currituck County, North Carolina
Dear Mr. Dumpor;
PO. Drawer 870
Kitty Hawk NC 27949
Phone: 252-261J300
Pox. 252-261-1260
Web: quible.com
PRINCIPALS
Eduardo J. Voldivieso, P.E.
B4an D. Rubino, P.G.
Warren D. Eadus. P.G.
ASSOCIATES
Joseph J, Anlauf. P.E.
David A. Deel, P.E.
Katherine C. Marchello. PLS.
IC�L Il ''IIf!
MAR 1 2011
In accordance with your Request for Additional information dated March 1 ", 2011, we have revised
the enclosed plans as follows:
Sheet I (Cover Sheet) has been added to the plan set which contains a vicinity map
as well as an "Area Map" of the entire Currituck Club.
Metes and bounds of the section boundaries have been added to Sheet 2 (existing
conditions sheet). Metes and bounds of the interior lots are shown on sheet 3
(subdivision layout sheet).
Plans are now signed and sealed.
Enclosed, please find two copies of the revised plan set for your processing. If you have any
questions, or require any additional information, please do not hesitate to contact me at (252)261-
3300.
Sincerely,
Quible & As acttes, P.C.
�A-(,avid A, ee PE
cc: Doug Anderson - The Currituck Associates/Residential Partnership
Michael Cherry - The Currituck Associates/Residential Partnership

_r
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Mr. Doug Anderson, Exec. Vice president
The Currituck Associates — Residential Partnership
c/o Boddie/Noel) Enterprises, Inc.
PO Box 1908
Rocky Mount, NC 27802-1908
Subject: Request for Additional Information
Stormwater Project No. SW7110108
The Currituck Club — Phase 8A
Currituck County
Dear Mr. Anderson:
The Washington Regional Office received a Coastal Stormwater Permit Modification Application
for The Currituck Club — Phase 8A project on January 19, 2011. A preliminary review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
1. The submitted plans are sealed but not signed and dated. Please revise.
2. Provide Vicinity map on plans.
3. Provide project boundary information (bearing and distances).
4. Provide two copies of revised plans.
The requested information should be received in this Office prior to April 1, 2011, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information.
The 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] or
email me at [e-mail].
Sincerely,
Samir Dumpor
Environmental Engineer
CC: Andy Deel, Quible & Associates, PC
✓Washington Regional Office
North Carolina Division of Water Quality Internet: WWw.ncwa1eroualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nataai&

N.C. DIVISION OF WATER QUALITY
SURFACE WATER PROTECTION SECTION
STATE STORMWATER NOTICE OF INTENT (N01)
SWG030000 - GENERAL PERMIT TO CLEAR AND GRADE A PROPOSED
DEVELOPMENT SITE
State Stormwater Management Application Notice of Intent for coverage under the General Stormwater
Management Permit to Clear and Grade a proposed development site.
For the clearing and grading only of a proposed development site where the final design is not known.
(Please print or type)
1. Mailing address o1 owner/developer: (The address to which all permit correspondence will be mailed.)
Owner/Developer Name YN6 CUWLrrvcK AISSOC14715.S - P"-DFryr1AL.-p4orrNea-SWIP
Street Address c/a B000lallos. anaeavwecs,�le. ,'P.a.'5cx 1g4a8
City P�r MOO.. State tj C- ZIP Code z7 a oz -yiy s
Telephone No. (252a 171-1-za00 Fax ( )
2. Proposed Project Information:
Project Name -r7IE C09JL1-UCK CLug PHASE SA
Street Address
of the Project G50. SdtNa Awa se4 Cr. , aOafi .A (90uee6: cvRltrrv'Jc co, a, owawe�
City GOPLO w4 State NC ZIP Code z-i4s-7
County CUVJLI- uec counrry
Contact Person MR. 9-9ud1 ANetaSdti
Mailing Address P. a. -max 19O$
City R,-tKy .lndvkkr State tic ZIPCode z-rSos- 1'1og
Telephone No. (xsL) 'isl- z000 Fax ( )
3. Physical Location Information:
Please provide the street address of the project and describe how to get to the project, using street names,
state road numbers, and the distance and direction from the nearest major Intersection: r"ceep faosr" au
rue r2eOcfy., Tr4^i&)_ TARP 4`&rardN CURLlruW CLVQNaVW DY/Vi,-ACE A a1eN7-dMW0Arr CCV6
1'f2,V&,'r"V9A APAW.W,W*WA�V /ZS7 GC NdRrN iN NVNrcLwa puYE Td 7F pAdpoSEo
6NT72q.yC.E 'Id TM/S pRa,l ECT
4. What Is the name of the receiving stream? cvna ,TvcVc soc Nc
S. River Basin F-AsQuar4nile- Receiving Stream Classification 5C-
6. This Certificate of Coverage is being submitted as a result of:
® New or proposed project ❑ Modification to an existing project
Existing COC or Permit Number:
Date project Is scheduled to begin construction o �-r- sap- z o 10
7. What Is the total project area above mean high water? 4S5, 38 5 ft'
6. Will wet detention basins or other ponds be constructed at this site?
BYES ❑ NO
SWU-115-17FES2010 Page 1 of 3

r
S
CURRITUCK COUNTY, NORTH CAROLINA — SHEET NUMBER 19
,(Joi s'b"t 17)
+ ' •Xc i 01 NIIC .. 1 'S� p •* 0 a l
IP b 7y1 y
rU,y.
4 v r, `a A `�' iur,
�Du�65
�p p a
r'F DwDON
Du
o F.9
Cu •,add. ¢ y,` °" n 'L
°DwD 9 .^ 4 (t p
A'qP�
per' ICM �; .r4 j ro Crp
f� 'lj
`ram, _ � ��.� ¢y�.� ��'��� S' � • I
`Ir
fr.. :`t.
0 1 KYortMlar
Scale • 1 :20000
foot
Zw

4,776 linear feet of silt fence has been specified.
Seedine
Stabilization by vegetation will be the most widely utilized method of soil erosion
& sedimentation control measures. Contractors will be required to follow guidelines
that require that permanent seeding occur after the completion of any phase of
grading or within 15 days of land disturbance activities.
Erosion Control Entrance/Exit
A new temporary gravel road will be constructed to access this site. Please see the
attached plans. This road will act to control both erosion and sedimentation.
Conclusion
The proposed land disturbance is an interim step towards the completion of the proposed
development. This step is necessary to help market the proposed subdivision phase. Additional
permits will be obtained to cover the construction and installation of impervious surfaces associated
with the future development. This project will adhere to conditions outlined in the Pollution Control
Act of 1973.

material
12"+ 2.5 Y 5/2 Slightly more grey/tan sand with more moisture content
Actual GWT @ 24", SHWT estimated at 12" below grade or an elevation of approximately
6 ft. MSL.
Advanced this boring to a depth of 43" and boring hole begins to collapse, no restrictive horizons
encountered.
Soil Boring #2 - Located to the southern end of proposed open space between Lot 8 and Lot 25
0" grassy open space, approximate ground elevation @ 1 Ift. MSL
0"42" 2.5 Y 6/3 light tan sand, uniform grain size, redoximorphic features present
along root channels
42"+ 2.5 Y 512 moisture content more pronounced soils exhibit redoximporhic
characteristics evidenced by alternating gray and iron colored mottles
48" to SHWT
58" to actual GWT
Soil Boring #3 - Located within the Open Space area between Lots 27 and 28
0" Sandy open area with short scrubby surface vegetation, approximate ground
elevation .@ 16ft. MSL
W-72" 2.5YR 6/4 clean light tan fine grained sand throughout boring.
Within the boring depth neither the SHWT or GWT were encountered.
The soils in this project area have been identified within the USDA Soil Survey of Currituck County,
North Carolina as NhC, Newhan-Corolla Complex, DwD, Dune land-Newhan Complex and Du,
Dune land, each soil group exhibits high or very rapid permeability and variable separation to the
season high water table. Soil descriptions listed in the USDA Soil Survey are very similar to the
bore log information described above.
Soil Erosion & Sedimentation Control Measures
Silt Fence
Silt Fence will be installed around the perimeterof the entire site with small openings
to be located along the main access to the site and the golf cart path. Approximately

At this time we will re -submit a permit application to cover land disturbing activities associated with
road construction and any changes made to the -grading plan during the finalization of the
engineering plans and specifications.
Due to the fact that the requirement of a permit to cover land disturbing activities will trigger the
need to obtain a stormwater permit we have submitted an application for a General Stormwater
Permit to cover the clearing and grubbing activity.
We anticipate that the final subdivision will be permitted through the state as a Low Density
Stormwater Project. Although the project will likely qualify for the Low Density option through the
NCDENR, the Currituck County Unified Development Ordinance (UDO) has a more stringent set
of requirements which ultimately require the project to store and have a controlled release of
stormwater runoff. The requirements of the UDO will move the project toward the incorporation
of a wet detention basin.
Wet Detention Basin
The final version of the subdivision will include a wet detention basin. We have performed the
preliminary calculations necessary tb ensure that the proposed pond will have adequate storage to
manage the runoff generated from a 10 year storm event.
Although there may be some ancillary stormwater system features this pond has been designed to
handle all of the anticipated impervious coverage from this project at full build out with some
additional surplus capacity.
Initially this wet detention basin would be better characterized as just a pond. It will be graded in
accordance to the Rough Grading Plan and will have a forebay, forebay wall, main pond and
vegetated shelf. The slopes will be stabilized in accordance with the General Seeding Specifications.
The "pond" will not become a BMP until the developer moves forward with the permitting and
ultimately with the construction of the impervious surfaces associated with the subdivision. At this
time the pond will be regraded if necessary and the vegetative shelf will be sprigged with the
required facultative plant species.
Soils
As part of the preliminary wet detention basin design three soil borings were performed on the site.
The borings were performed on July 9, 2010. Conditions were Sunny and Hot with temperatures and
humidity in the mid 80's °F/80% range.
Soil Boring #1 - Soil Borina located within the footprint of the proposed Wet Detention Basin
0" Low area, lush green vegetation and sandy soils, approximate ground
elevation @ 7ft. MSL
W-12" 2.5 Y 5/3 Sandy soil with uniform grained light tan sand with organic root

Rough Grading Plan Narrative
The Currituck Club, Phase 8A, Corolla, Currituck County, North Carolina
August 9, 2010
General
The Currituck Club has planned for the rough grading of a future phase of the subdivision described
as Phase 8A of The Currituck Club.
This section of The Currituck Club is in the preliminary design phase and the developers would like
to generate interest in the new lots by having some land disturbing activities occurring during their
Homeowners Week, which occurs in October of 2010. The philosophy is that activity on the ground
will generate interest and activity in future lot sales.
The work proposed represents an initial phase of the development which includes the general
shaping of the land. No impervious surfaces are proposed at this time. The proposed land
disturbance activity covers approximately 8.15 acres. According to our calculations approximately
$4,500 cubic yards of material will be required to come from an off site source. This material will
be purchased from a licensed mine facility.
The site is comprised of classic dune land topography with an undulating surface and high areas
surrounding isolated low areas. The majority of Stormwater runoff entering this undeveloped area
is trapped on -site by the existing grades, the is no stormwater outlet. The proposed grading
associated with the Rough Grading phase will continue to have no stormwater outlet while
enhancing the existing natural drainage features. The site is comprised of fine sandy soils with
infiltration rates that lie in the greater than 20 inches per hour. Stormwater runoff currently
infiltrates into the subsurface and the proposed Rough Grading plan will continue to promote that
drainage process.
The proposed land disturbance will span across three separate properties. The majority of the work
will occur on the centrally located parcel under the ownership of The Currituck Associates -
Residential Partnership having the Parcel ID number 126G-000-OOOD-0000. The proposed work
will also crossover onto the parcel to the north and the south having the Parcel ID number 0117-
000-OOIH-0000 and being under the ownership of the Currituck Associates - Golf Course
Partnership. Doug Anderson is the Executive Vice President of The Currituck Associates -
Residential Partnership and The Currituck Associates - Golf Course Partnership.
The Amended Sketch Plan is currently under review. With the approval of the Amended Sketch
Plan engineering work will commence on designing and securing permits necessary to pursue and
obtain the Preliminary Plat. Other than the rough grading work proposed under this phase no
additional improvements to this phase of the subdivision can occur without Preliminary Plat
approval by the county and by the permits obtained for the purpose of obtaining said Preliminary Plat
approval.
After the engineering has been completed and the county has approved the Amended Sketch Plan
a second round of permit applications will be submitted in order to obtain Preliminary Plat approval.

&£B$S
8.a=
MI
gsFaq�����xtl§g
$k8Qgk8BB4q$$$�
NOiBgg�h�n��
Rg
8�
u"�Al
uN
'C8g$
`s�
xxzmmm
a'a
Fh\
iad Xa� zf .�,./
J/
v.
X 'P- � ' • /T a j'�4
m 1
0
ROUGH GRADING PLAN
� Z
o
—
�
H
PHAS/E�/ /SA - WINDSWEPTRIDGE LOTS
t
PCPLAF BRANCH i0NN5NIP CURRINLK LWNtt NOFTI LMWNA
r AIN
211
q
8 �
\\\
R 2 [ g
d.. ` ����E \
�R�d✓S
G
�;\ 5`ggaqq
\
4�CFfiT�A2
" gym.°
_
w..w.,vvu.
6 L
1 026960 .:
I4:
••.,, N J. PN...R
iblw.w. vss
& A» iatm P.C.
ENGINEERINL • LWEN ES ' RYMNG
ENVI.PoNYENi.LL SCIENCES ' SU6YLYING
m vrry xr� mw
v"`Iri-u.'' �..'"w..,..My,sw'Iv.�v�-raw
No.
oA¢
FExgMs
CERlIFILAiION

ra
I

9. Please list all proposed piping, ditches, and drainage alterations to be constructed as part of this project:
(attach an addlUonal street ff needed)
PROPOSED AL.1"AiT0NS INCW7E THE Ca"S -p-OCToN or -1 N0 Ci> DRv Mr-WISATOU 15.4%rNt
AND oNV- t.> WGT pG-T7,SNT,rrN.54%•N. P"PoCED rkL-MZ^'rJVk$ wI64 ENHANCE EKrSriNal
Va*#NAge FEwrulaes , NO 'PR.e POS" TaPelevlova 5ugFA4ES vvl� Cor.15"warED AS p4=r
OF THIS 1L0001H •t'Q4e INCI 9HA%E.
10. Is the project within 575' of the Mean High Water line of class ORW waters?
❑ YES (Please show the 575' AEC line on plans) Off NO
(If yes, total bult-opal area must be lass that or equal to 25% of the total project area within the AEC above mean tdgh water.)
11. Are there any wetlands on the site? ❑ YES (please delineate on the plans) 19 NO
Name and affiliation of person making this determination:
12. Please list all Best Management Practices employed at this site:
-TWO (L) 'PRY TwFi� RATIow ra4%INS 4ND oNGC0 M
INSTALLILU -re F>N µA CG, MAIV2AL- DRJWNAQke A.NP TO 77'JIOW A SOURCE vG
eN-SITE Fxl. MATER.I4L.
13. Certification:
North Carolina General Statute 143-215.6B (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan,
or other document filed or required to be maintained under this Article or a rule Implementing this Article; or who knowingly
makes a false statement of a material fact in a rulemakirg proceeding or contested case under this Article; or who falsifies,
tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or
maintained under this Article or rules of the Commission implementing this Article shag be guilty of a Class 2 misdemeanor
which may include a fine not to exceed $10,000. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than
$10,000 or imprisonment of not more than 5 years, or both, for a similar offense.)
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirement for the project and is enforceable in the same manner as an individual permit.
I certify that I am familiar with the information contained in the application and that to the best of my knowledge and
belief such information is true, complete, and accurate.
Printed name of person signing: M R . a e V g AtN pam-r a"
Title: e-r E.cu T1yO vict-m P-ms.a6wIT. -reE caaWrvel ASsoelA.Tres - ¢gSIDEr rrrwLprt{Cr41E45H1p
(Signature of Applicant) (Date signed)
A check or money order must accompany this Notice of Intent for $05.W, made payable to: NCDENR.
Your application will be returned unprocessed unless all of the following Items are submitted:
j$ This completed form
101 Two sets of grading plans
A check for $505.00
A USGS map with the project clearly located on ft.
Mail the entire package to: NCDENR Division of Water Quality
Surface Water Protection Section — Stormwater
at the Appropriate Contact Address (see the following page)
Note:
The submission of this document does not guarantee the Issuance of a Certificate of Coverage under the General
Permit,
SWU-115-17FE82010 Page 2 of 3