SW8961234_CURRENT PERMIT_20220110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 123L4
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2022 0110
YYYYMMDD

ROY COOPER
Governor
EUZABETH S..BISER
secretary
BRM WRENN
Director
January 10, 2022
Kure Dunes Homeowners' Association, Inc.
Attn: Gregory A. Germaine, President
P.O. Box 410
Kure Beach, NC 28449
NORTH CAROLINA
Envvoementat Quafty
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 %1234
Kure Dunes Phase IV
New Hanover County
Dear Mr. Germaine:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on January 8, 2022. The Division is hereby notifying you that permit SW8961234 has been
renewed, updated, and re -issued on January 10, 2022, as attached. Please be aware that the renewal and re -
issuance of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until January 21, 2030 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein. This permit does not
impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, -NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Sincerely,
Cam- 30
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
DES/arcs: \\\Stormwater\Pennits & Projects\ 1 996\961234 HD\2022 01 permit 961234
cc: Wilmington Regional Office Stormwater File
D E Q' North Carolina department of Environmental Quality I Division of Energy, Kneral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 961234
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Kure Beach Homeowners' Association, Inc.
Kure Dunes Phase IV
New Hanover County
FOR THE
construction, operation and maintenance of one (1) detention pond and one (1) underground
infiltration trench in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as
the "stormwater rules') and as outlined in the application, approved stormwater management plans,
supplement, calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until January 21, 2030 and shall be subject to
the following specified conditions and limitations. The permit issued shall continue in force and effect
until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
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 on page 3 of this permit, the Project Data Sheet. The stormwater detention pond
has been designed to handle the runoff from 185,698 ft2, and the infiltration gallery has been
designed for 19,563 ft2 of impervious area, and includes lots, clubhouse area, roads, and
parking, as shown on the drainage area map.
3. The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and
per approved plans.
Page 1 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
4. Each of the 40 lots in the subdivision is restricted to a maximum amount of built -upon area, as
tabulated on the attachment to the application. 5 of this Permit for the specific allowable BUA
per lot.
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
PROJECT DATA SHEET
Project Name: Kure Dunes Phase IV
Permit Number: SW8 961234
Location: New Hanover County
Water Body Receiving Stormwater Runoff: Atlantic OceanCape Fear River
Index #/ Classification of Water Body: (CFR 99-3) / "SB" (CFR 18-71) / "SC"
POND INFILTRATION TRENCH
*Pond Depth:
6'
10' W x 3' H x 135' L trench
with 270 linear feet of 12"cp
perforated piping
Permanent Pool/Bottom Elevation, FMSL:
17
22
Total Impervious Surfaces Allowed, ft':
185,698
19,563
Offsite Area entering Pond, ft':
2-2/3 lots from Phase III
@4,534 each (12,091 total)
Required Surface Area, ft':
10,235
N/A
Provided Surface Area, ft' :
11,766
N/A
Required Storage Volume, ft':
15,367
1,622
Provided Storage Volume, ft':
16,973
1,747
Temporary Storage Elevation, FMSL:
18.3
24.03
Controlling Orifice:
2" pipe
overflow weir set @24.03 FMSL
Seasonal High Water Table Elevation, FMSL:
N/A
18.6
Type of soil:
N/A
Beach Sand
Reported Hydraulic Conductivity:
N/A
2.75 gal/hour/sq.ft.
Time to drawdown:
2.4 days
3.5 hours
*Pond drains to The Keys, SW8 940217.
II. SCHEDULE OF COMPLIANCE
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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
3. The permittee is responsible for verifying that the proposed built -upon area does not exceed
the allowable built -upon area.
4. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
Page 2 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
5. The permittee shall at all times follow the approved Operation and Maintenance plan to assure
the permitted stormwater system functions at the design condition. Maintenance must occur at
the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of trenches, outlet/bypass structures, orifice, catch
basins and piping.
g. Access to the outlet/bypass structure must be available at all times.
h. Annual cleaning/testing of the infiltration trench system.
6. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
7. The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
& 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. A modification may be required for those deviations.
9. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area
per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. A copy of the
recorded deed restrictions, including the statements below, must be received within 30 days of
the date of recording:
"The maximum built -upon area per lot is _* square feet, and includes that portion
of the right-of-way between the lot line and the edge of pavement; structures,
pavement, brick, stone, gravel, slate, coquina, and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools."
Lot 1
4,046
Lot 14
6,795
Lot 27
3,106
Lot 2
3,444
Lot 15
3,404
Lot 28
3,896
Lot 3
3,181
Lot 16
3,318
Lot 29
3,012
Lot 4
3,443
Lot 17
4,112
Lot 30
3,000
Lot 5
3,409
Lot 18
4,293
Lot 31
3,000
Lot 6
4,019
Lot 19
4,583
Lot 32
3,000
Lot 7
3,538
Lot 20
4,099
Lot 33
3,000
Lot 8
3,188
Lot 21
5,461
Lot 34
3,000
Lot 9
3,439
Lot 22
3,912
Lot 35
3,000
Lot 10
3,320
Lot 23
3,286
Lot 36
3,123
Lot 11
3,951
Lot 24
4,147
Lot 37
3,111
Lot 12
4,595
Lot 25
3,882
Lot 38
3,029
Lot 13
5,408
Lot 26
4,682
Lot 39
3,258
Lot 40
3,253
* The permittee shall fill in the blank as provided in the lot listing above.
Page 3 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
b. 'The covenants pertaining to stormwater regulations may not be changed or deleted
without concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the State."
d. "All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that naturally drain into the system are not required to provide these
measures."
10. An access/maintenance easement to the stormwater facilities shall be granted in favor of the
permittee for the operation and maintenance of the facility.
11. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the transfer request. Neither the sale of the project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the
stormwater permit.
12. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
13. Decorative spray fountains will not be allowed in the stormwater treatment system until
calculations are provided documenting the permeant pool volume is greater than 30,000 cubic
feet.
III. GENERAL CONDITIONS
CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
Page 4 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This
request must be submitted within 90 days of the permit holder meeting one or more of
the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
in. A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the project and the on -site stormwater system complies with
the permit conditions. Records of maintenance activities performed to date may be
requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the
changes have been made.
Page 5 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction. Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215.1, and subject to enforcement
procedures pursuant to NCGS 143-215.6.
Permit renewed, updated and reissued this the 10th day of January 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 961234
Page 6 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
Kure Dunes Phase IV
Stormwater Permit No. SW8 961234
New Hanover County
Attachment A
Designer's Certification
as a duly registered
in the State of North Carolina, having
been authorized to observe (periodically/weekly/full time) the construction of the project,
oject)
for_
of my
(Project Owner) hereby state that, to the best
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.
Required Items to be checked for this certification to be considered complete are on page 2 of this
form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
cc: DEQ - DEMLR Wilmington Regional Office
New Hanover County Building Inspector
Kure Beach Building Inspector
Page 7 of 8

Post -Construction Stormwater Management
Permit No. SW8 961234
PE Certification Requirements:
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. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDEQ-DEMLR Regional Office
Tony Roberts, New Hanover County Building Inspector
Bill Hanna, Kure Beach Building Inspector
Page 8 of 8

Attachment C - Permitting History
Kure Dunes Phase IV
Permit No. SW8 961234
Approval
Permit
BIMS
Description of the Changes
Date
Action
Version
9/18/1997
Original
10
Approval
7/20/1998
Modification
NA
Only on G Drive;
Modification
Not in BIMS/G Drive; Print
1/28/2000
Modification
NA
out in File Folder; replace
approved plan sheet C 1
From Kure Beach Associates
9/24/2001
Transfer
1.1
to Kure Dunes Homeowners'
Association, Inc.
9/13/2017
Renewal
2.0
Expired January 21, 2022
1/]0/2022
Renewal
3.0
Expires January 21, 2030

07/12/2001 17:00 9107624201 WK DICKSON PAGE 0_
f VNDERGR0uND r, pMTRATION TRENCIi MAINTENANCE REQUIREMLNTS
l
Proje:.t Name: Phase SV, Kure Dunes
Responsible Party: KURE DUNES HOhEGW ERS ASSOCIATION INC
(rr<ar. I�Pa o.P,w cl a ) -
Address: POST OFFICE BOX 22 Phone No. 1-910-458-4041
522 ANgiOR WAY
KURE BEACH, NC 28449
1. The trenches will be constructed in accordance with the approved stormwater plans and
specifications, including traffic bearing piping, and compacted void ratio verification.
2. Inlet catch basins and piping will be inspected monthly or after every runoff producing
rainfall event, whichever comes first. The basins, grates,'piping and bypass weirs will be
cleared of accumulated trash.
3. Swales and vegetated filters will be inspected monthly or after every runoff producing
rainfall event, whichever occurs first. Eroded areas will be repaired before the next storm
event.
4. The water level in the monitoring wells will be recorded once a month or after a 1" rainfall
event, whichever comes fast. Chronic high water table elevations (within 1' of the bottom
Of the system for a period of 3 months) must be reported to DWQ, 395-3900,
5. If the system is failing, as determined by DWQ, the system will be immediately repaired
Or replaced to original design specifications. Repair may include the necessity of removing'
existing pavement to reach the underlying trench. If the system cannot be repaired to
function, other stormwater control devices, as allowed by NCAC 2H.1000, must be
designed, approved and constructed.
6. Annual testing/cleaning of the system will be performed by an approved method.
By my signature below, I acknowledge that I am responsible for performing the maintenance as
outlined above,
NES HM WNERS ASSOCIATION INC.
Signature:
Date: 7-17-01
(AN"
Presiderrt
Aaviaad 2 25W

1
DEMLR USE ONLY
Date R ceiv d
Fee Paid
Permit Number.
t aa-
15
guJg 1 �3
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session.Law 2011-398 (SB 781)
Section 60. (c). This application form is for permit renewals only.
A. PROJECT INFORMATION II.. II n Q/ ' 1
1. State Stormwater Permit Number: S w 2 1 l0 T
2. Project name: k L R�_ Q U M €, S P N(> S 5 I V '',, `
3. Project street address: k, to o (li) r\ a S 1 _(IV\ a � Nw-knQ W 841�_
City:
County:
ZIP: DdA--4 -
4. What, if any, changes have been made to the project as permitted? -Y\ U CA\ 0,y\ (n e.
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/abouUdivisions/energy-
m i n era I-land-resources/energy-minera I -I a n d-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https //deg nc gov/abouUdivisions/energy-mineral-land-
recnurces/enerov-mineral-land-rules/stormwater-Droaram/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: 1i2e__ nUne S Our -A( Q WvXec $ Assue,
2. Signing Official's Name: r e n 4 INCr a M AT Mr
3. Signing Official's Title: cA \<V(Le_ Qk3we-S 0unvv.e dWn2(tS 'N&Sue\ U
4. Mailing Address: P O (1 X 1-� 1 O
City: k U 2 e e {(kc i+ State: NO zip: 4A-Q— f �
5. Street Address: filyc fi "C lod W
City: K U (Z e F_ Y"Ci-E State: IV 'C- ZIP: 39B I�y
6. Phone: (—qa),��h%O Email: kfJNORPRCSLUeM\Z C?)G-fnA __CUYv\
JAN 0 5 2022
BY_
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
�(T 1. A permit application processing fee of $505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president,
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee,
d. Partnership or limited partnership — the general partner,
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
r' signature of another entity.
v 3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division, or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
ECEs W i=
JAN 0 5 2022
By:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

D. PERMITTEE'S CERTIFICATION
I, (� c n&g \7P! Al a t the person legally responsible for the permit, certify that I have
a copy of the3Perr4it and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and_complete. iy
Signatl
NOTAkiz_ , i ium
Date:
a Notary Public for the State of
do hereby certify
personally appeared before me
this the Z$J J day of'D<-ce_rvL6yL, 20 2 f and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
JULIE IVEY
Notary Public, North Carolina
(Notary al) New Hanover County
My Comfnigsion Expires
Notary Sig
v j U
My commission expires � 13 1
�"_�'o V,
4
JAN 0 5 2022
BY:
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018

Permit No. a)J3 9& 1234- H(D
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Kure Dunes Phase IV
Contact Person: [Wel E. DiAFrn, P.F_, PJ=.S. Phone Number: (910 ) 762-4220
For projects with multiple basins, specify which basin this worksheet applies to: #1
elevations
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
areas
Permanent Pool Surface
Drainage Area
Impervious Area
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA 1
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
11 ft. (floor of the basin)
17 ft. (elevation of the orifice)
1.8.3 ft. (elevation of the discharge structure overflow)
11,766 sq. ft. (water surface area at the orifice elevation)
7.93 ac. (on -site and off -site drainage to the basin)
d Al ac. (on -site and off -site drainage to the basin)
29,113 cu. ft. (combined volume of main basin and forebay)
17,141 cu. ft. (volume detained above the permanent pool)
3,392 cu. ft. (approximately"20% of total volume)
3.0 (surface area to drainage area ratio from DWQ table)
2 in. (2 to S day temporary pool draw -down required)
1 in.
90 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

Footnotes:
t When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
H. REQUIRED ITEMS CHECKLIST
The following checklirst outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
fhNli- a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
m wil b. The forebay volume is approximately equal to 20% of the basin volume.
mNN c. The temporary pool controls runoff from the design storm event.
Ai tJ d. The temporary pool draws down in 2 to 5 days.
N�A e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
1410 f. The basin length to width ratio is greater than 3:1.
M NH g. The basin side slopes above the permanent pool are no steeper than 3:1.
t1,NM h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail),
in0N i. Vegetative cover above the permanent pool elevation is specified.
m tJ# j. A trash rack or similar device is provided for both the overflow and orifice.
in aH k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
in. A mechanism is specified which will drain the basin for maintenance or an emergency.
NOPt';.N 6e puiv p.ed Wow1,
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does 'does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does )N does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality
(i.e. stockpiling near a wet detention basin or stream, etc.):
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 3 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
p Permanent Pool Elevation 17
Sediment Re:ovalEl. 14 75 0------------ -- Sediment Removal Elevation 12.5 75%
Bottom on 13 % ---------------------------------------------125%
----
Bottom Elevation 11
FOREBAY MAIN POND
Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

V
d .
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: Joe Haarm
• - :a• • a
QIC
Phone: [phone]
Date: / u - b
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and
a resident of the subdivision has been named the president.
I, t A . (-G 0.v a Notary Public for the State of N (M(-h 0O-Y-QLt na ,
County of f U.) H"Gy e✓ do hereby certify that J()e- I�arne-
personally appeared before me this cR I_ day of OC i6bpv' CI , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires CTS� any
Form SWU-102 Rev 3.99 Page 4 of 4

Permit No. S6oT L7&/23¢-Ra
(io he provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
1. PROJECT INFORMATIOON
VIL.Project Name: eore_ Do ze.S V17
Contact Person:Phone Number:
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation �_ ft. (floor of the basin)
Permanent Pool Elevation /7 ft. (elevation of the orifice)
Temporary Pool Elevation Is, 3 ft. (elevation of the discharge structure overflow)
areas �
Permanent Pool Surface Area A %6P/�O sq. ft. (water surface area at the orifice elevation)
Drainage Area 7, q3 ac. (on -site and off -site drainage to the basin)
Impervious Area 4.31 ac. (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume Z�t 3 cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 1-7. 14-1 cu. ft. (volume detained above the permanent pool)
Forebay Volume 3 3 32 cu. ft. (approximately 20% of total volume)
Other parameters
SA/DA1 3, o (surface area to drainage area ratio from DWQ table)
Diameter of Orifice Z in. (2 to 5 day temporary pool draw -down required)
Design Rainfall in.
Design TSS Removal 2 90 % (minimum 85%required)
-
Form SWU-102 Rev 3.99 Page 1 of 4

; 1
Footnotes:
When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious %and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to pr ovide
90%TSS removal. The NCDENR BMP manual provides design tables for.both 85%TSS removal and 90%TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual,
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. if a requirement has not been met, attach justification.
Applicants Initials
Y a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
4,e_ ✓ b. The forebay volume is approximately equal to 20% of the basin volume.
TL-L I/ c. The temporary pool controls runoff from the design storm event.
TX� I/ d. The temporary pool draws down in 2 to 5 days.
WA e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
uQ ✓ f. The basin length to width ratio is greater than 3:1.
( ✓ g. The basin side slopes above the permanent pool are no steeper than 3:1.
71 i4L ✓ h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
r(� ✓ i. Vegetative cover above the permanent pool elevation is specified.
✓ j. A trash rack or similar device is provided for both the overflow and orifice.
/ (.� . ✓ k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
T✓ 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
%!�L in. A mechanism is specified which will drain the basin for maintenance or an emergency. - -- -- --
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does does not
This system (check one) 0 does does not
incorporate a vegetated filter at the outlet.
incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed.of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.5 - feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 3 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 14
Sediment Rea'17I El. 75\
------------� - Sediment Removal Elevation / Z• 5
Bottom
FOREBAY
Bottom Elevation
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berth.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name:
Title:
Address: �lw
Phone:
Signature: �y h—
Date: &.
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
r ident of the subdivision has been named the president.
1 a Notary Public for the State of
- , 0 2 / -; 4'. 'i
County of o hereby certify t t
personally appeared before me this �_ day o 5411
acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
�p7A9`,
oao
SEAL
My commission expires
Form SWU-102 Rev3.99 Page of

a -
PermitNo. &kd g671Z34
• (to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form maybe photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground infiltration trench supplement for each system, design calculations, and plans and specifications
showing all stormwater conveyances and system details.
I. PROJECT INFORMATION
Project Name:
Contact Person:
RN
Phone Number:
For projects with multiple infiltration systems, a supplement form must be completed for each system. This
worksheetappliesto: Trench I in Drainage Area -A 2
(from plans)
(from Form SWU-101)
II. DESIGN INFORMATION (attach supporting calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type S 2n
Infiltration Rate • 5 in/h or ef/hr/sf (circle appropriate units)
SHWT Elevation fmsl (Seasonal High Water Table elevation)
Trench Design Parameters
Design Volume
Design Storm
Drawdown Time
Perforated Pipe Size
Perforated Pipe Length
No. Observation Wells
Stone Type (if used)
Stone Void Ratio
A02Z c.f.
inch event (1.5 inch event for SA waters, 1 inch event for others)
3.5 flays hour
12 tt
inch diameter
Zw ft.
4-
Trench Elevations (infect mean sea level)
Bottom Elevation 22 4f-�50 fmsl
Storage/Overflow Elevationao3 fmsl
(may be required on a case -by -case basis)
Form SWU-107 Rev 3.99 Page 1 of 4

Trench Dimensions
Height
Width
&y ft.
/0. OO ft.
III. REQUIRED ITEMS CHECKLIST
Length
Volume Provided
135 ft.
J'7-4 1 cu.ft.
The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C.
Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15
A NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached.. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
✓ a.
System is located 50 feet from class SA waters and 30 feet from other surface waters.
✓ b.
System is located at least 100 feet from water supply wells.
u Q ✓ c.
Bottom of system is at least 2 feet above the seasonal high water table.
DIA d.
Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
7Z� ✓ e.
Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
716 ✓ f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days based upon infiltration
through the bottom only (a hydrogeologic evaluation may be required).
1:lt✓ ✓ g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour.
74ZL ✓ h. System is not sited on or in fill material or DWQ approval has been obtained.
%1^k ✓ i. Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
7L� ✓ j.
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage.
k.
System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
Tl f ✓✓ 1.
System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event
for areas draining to SA waters ).
.0 ✓ in.
Drainage area for the device is less than 5 acres.
✓ n.
A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided.
o.
Trench bottom is covered with a layer of clean sand to an average depth of 4 inches.
P4— ✓ p. Sides of the infiltration trench are lined with geotextile fabric.
peL Z q. Rock used is free of fines (washed stone) and has a large void ratio.
r. Side to bottom area ratio is less than 4:1.
Form SWU-107 Rev 3.99 Page 2 of 4 &,

u 4 s. Observation well(s) are provided (case -by -case basis).
WA t. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and
detail is shown on plans.
✓ u. A benchmark for checking sediment accumulation is provided.
IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT
After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general
condition.
2. Repair eroded areas immedw iately,.re-seed as necessary to maintain adequate vegetative cover,, movegetative
cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain
system performance.
3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore
depth to original design depth without over -excavating. Over -excavating may cause the required water table
-- separation to be reduced and may compromise the ability of the system to perform as designed.
4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month.
Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months)
shall be reported to DWQ immediately.
5. If DWQ determines that the system.is failing, the system will immediately be repaired or replaced to original
design specifications. If the system cannot be repaired to perform its design function, other stormwater control
devices as allowed by NCAC 2H .1000 must be designed, approved and constructed.
6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced
to 75% of the original design depth. The system shall be restored to the original design depth without
over -excavating. Over -excavating may cause the required water table separation to be reduced and may
compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in
an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e.
stockpiling near a stormwater treatment device or stream, etc.).
A benchmark shall be established in the infiltration system. The benchmark will document the original
design depth so that accurate sediment accumulation readings can be taken. The measuring device used
to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
When the depth at the benchmark reads , the accumulated sediment shall be removed
from the system.
Form SWU-107 Rev 3.99 Page 3 of 4

I acknowledge and agree by my signature below that I am responsible for maintaining the stormwate,
collection system in accordance with the six 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
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.
basin maim ance iegj iieasents. Witness my hand and official seal,
e,0' '�t"% njt N,-i
Nt
EtG��
County of
appeared before me this
he forgoing infiltration
aMy commission expires , QQ�
Form SWU-107 Rev 3.99 Page 4 of 4

State Stormwater Management Systems
Permit No, SW8 961234
Kure Dunes Phase IV
Stormwater Permit No. SW8 961234 Modification
New Hanover County
Engineer's Certification
L A-14 A401a5 ro/'O✓C , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to ob erve (periodically/iveeldyff"44iffie) the construction of the project,
\ /�✓r e Dv.ct s PLi a6/e L (Project)
for wti' Bear /Y35 oc '21�5 (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.
Noted deviations from approved plans and specification:
Signature z A GO /iy�
Registration Number
Date/99
A&
SEAL

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+...

i
RECEIVED, g.
EVu p.GE
JUL 252001 2525 00`7
STATE OF NORTH CAROLINA
DWQ
COUNTY OF NEW HANOVER PROD#
DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS,
COVENANTS, AGREEMENTS, LIENS AND CHARGES
(OR RESTRICTIVE COVENANTS)
000192 �KURE DUNES
THIS DECLARATION made this theday of, 1999, by
KURE BEACH ASSOCIATES, a North Carolina General Partnership (see Certifi-
cate filed in Book 1305 at Page 1007 and First Amendment thereto filed in
Book 1311 at Page 1816 both of the New Hanover County Registry) with an
address of P. O. Box 19944, Raleigh, NC 27619, hereinafter called
"Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of that certain real property
located in the Town of Kure Beach, New Hanover County, North Carolina, as
set forth on that certain survey map or plat entitled:
1
"KURE DUNES PHASE IV" hereinafter sometimes referred to as "map",
which map or plat is recorded in Map Book 38 at
Page 261 in the Office of the Register.of Deeds of New Hanover
County, North Carolina, said property being more particularly de-
scribed on said map or plat.
WHEREAS, it is the desire and, `intention of Declarant to sell the
lots set out and described below and to impose upon those lots mutually,
beneficial restrictions, conditions, easements, covenants and agreements
under a general plan or scheme of improvements for the benefit of all
said lands and the future owners of lands in KURE DUNES SUBDIVISION ALL
PHASES;
NOW, THEREFORE, Declarant hereby declares that Lots 1 through 40,
KURE DUNES, PHASE IV, as the same are shown on Map Book 38 at Page 261 in
the Office of the Register of Deeds of New Hanover County, North
Carolina, are held and shall be held, conveyed, hypothecated or encum-
bered, leased, rented, used, occupied, and improved subject to the
following provisions, restrictions, conditions, easements, covenants and
agreements all of which are declared and agreed to be in furtherance of a
plan for the subdivision, improvement and sale of the said real property
and are established and agreed upon for the purpose of enhancing and
protecting the value, desirability, and attractiveness of said real
V
l

0
I
BQ0;:
%525
FAC. ,
u u 'l 8
property and every part thereof, and all of which shall run with the land
and shall be binding on all parties having or acquiring any right, title
or interest in the above named lots or any part thereof.
1. DEFINITIONS. As used in this Declaration of Restrictive
Covenants, the following terms shall mean:
(a) "Declarant" (sometimes referred to as the "Company" as used
herein shall mean KURE BEACH ASSOCIATES, its successors and assigns.
(b) "Record" or "Recording" refers to record or recording with the
Register of Deeds of New Hanover County, North Carolina.
(c) "Property" generally means the lands known as KURE DUNES, ALL
PHASES, in the Town of Kure Beach, New Hanover County, North Carolina and
described on Exhibit "A" to the Declaration for Phase I recorded in Book
1499 at Page 0524 of the New Hanover County Registry.
(d) "Residential Lots" or "Lots" means lots specifically set forth
above, to -wit: Lots 1 through 40 specifically allocated, platted,
restricted and/or recorded as lots for sale and/or use as a single family
residence.
(e) "Association" shall mean the KURE DUNES OWNERS' ASSOCIATION,
INC., its successors and assigns.
(f) "Restrictions" shall mean the restrictions and covenants set
forth in this Declaration of Restrictive Covenants.
2. APPLICABILITY. These Restrictions shall apply to all of Lots 1
through 40 as shown on the above referred to map of KURE DUNES, PHASE IV.
3. (a) RESERVATIONS. The Company reserves the right to change,
alter or redesignate roads, utility and drainage facilities, and to
change, alter or redesignate such other present and proposed amenities or
facilities as may, in the sole judgment of the Company, be necessary or
desirable. Provided, however, no such changes shall adversely affect any
lots already conveyed by the Declarant.
(b) VARIANCES. The Company and/or the Architectural Committee
appointed by the Company shall have power to and may allow adjustments of
the conditions and restrictions herein in order to overcome practical
difficulties and prevent unnecessary hardships in the application of the
- Page 2 -

BCICK
2525
0 0 ` 9
regulations contained herein, provided, however, that such is done in
conformity with the intent and purposes hereof, and provided, also, that
in every instance such variance or adjustment will not be materially
detrimental or injurious to other property or improvements in the
neighborhood. Variances and adjustment of height, size and setback
requirements may be granted hereunder.
(c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall,
bulkheading or other structure shall be erected, placed or altered on any
residential lot, nor shall the grade or elevation or physical character-
istics including, but not limited to, slopes, dunes, and tree growth, of
any such lot, or portion thereof, be altered in any way whatsoever, until
the proposed building plans, specifications, exterior colors and finish-
es, including brick siding, etc., site and landscaping plans (showing the
proposed location, height and orientation of such buildings or structure,
drives, parking areas and proposed alterations to the grade, elevation or
physical characteristics of the site), and construction schedule shall
have been approved in writing by the Company. Refusal of approval of any
such plans, locations or specifications may be based by the Company upon
any grounds including purely aesthetic and environmental considerations,
that in the sole and uncontrolled discretion of the Company shall seem
sufficient. Without the prior written consent of the Company, no changes
or deviations in or from such plans or specifications as approved shall
be made. No alteration in the exterior appearance of any building or
structure, or in the grade, elevation, or physical characteristics of any
lot shall be made without like approval by the Company. one (1) copy of
all plans and related data shall be furnished the Company for its
records. The Company shall not be responsible for any structural or
other defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
(d) No more than the allowable built -upon area (sq.ft) of any
lot shall be covered by structures and/or paved surfaces, including
walkways or patios of brick, stone, slate or similar materials. The
allowable built -upon area for each of Lots 1 through 40 is set forth in
- Page 3 -

BOOK PAGE
2525 0050
subparagraph (e) below. This covenants is intended to insure continued
compliance with stormwater runoff rules adopted by the State of North
Carolina and therefore benefits and may be enforced by the State of North
Carolina.
This covenant is to run with the land and shall be binding on all
parties and all persons under them.
(e) Allowable Built -Upon Area Requirement.
Lot Number Allowable built -upon area (sg.ft)
1 4,046
2 3,444
3 3,181
4 3,443
5 3,409
6 4,019
7 3,538
8 3,188
9 3,439
10 3,320
11 3,951
12 4,595
13 5,408
14 6,795
15 3,404
16 3,318
17 4,112
18 4,293
19 4,583
20 4,099
21 5,461
22 3,910
23 3,286
24 4,147
25 3,882
- Page 4 -

BOOK PAGE
26
4,682 2525 0051
27
3,106
28
3,896
29
3,012
30
3,000
31
3,000
32
3,000
33
3,000
34
3,000
35
3,000
36
3,123
37
3,111
38
3,029
39
3,258
40
3,253
4. APPROVAL OF PLANS. (a) No house plans will be approved unless
the proposed house will have the minimum required square footage of
enclosed dwelling area. The term "enclosed dwelling area" as used in the
minimum size requirements shall mean the total enclosed area within a
dwelling; provided, however, that such term does not include garages,
terraces, decks, open porches, and like areas. The minimum enclosed
dwelling area shall be 1450 square feet.
(b) KURE DUNES BUILDING SETBACK GUIDELINE REQUIREMENTS. Since the
establishment of standard inflexible building setback lines for location
of houses on lots tends to force construction of houses both directly
behind and directly to the side of other homes with detrimental effects
on privacy, view of the Ocean, preservation of land contour, important
trees and other vegetation, ecological and related considerations,
variances for these specific setback guidelines are permitted under these
Restrictions in Paragraph 3 (b) hereinabove. In order to assure,
however, that the foregoing considerations are given maximum effect, the
Company reserves the right to control and approve absolutely the site,
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Boor\ PAGE
2525 0052
location, orientation and floor elevations of any house or dwelling or
other structure upon any lot. Planting in areas outside the designated
building site is limited to grass, flowers, and shrubs having a height of
not more than B feet, unless approved by Declarant or Association.
(c) The exterior of all houses and other structures must be
completed within six (6) months after the construction of same shall be
commenced, except where such completion is impossible or would result in
great hardship to the owner or builder due to strikes, fires, national
emergency or natural calamities.
(d) Service rooms, garages and shower facilities may be placed
below the first living floor provided suitable screening is provided.
(e) Each lot owner shall provide receptacles for garbage, in a
screened area not generally visible from the road, or provide underground
receptacles or similar facility in accordance with reasonable standards
established by the Company.
(f) Subject to any other limitations imposed by the zoning ordinance
of the Town of Kure Beach, no structure, except as hereinafter provided,
shall be erected, altered, placed or permitted to remain on any residen-
tial lot other than a detached single family dwelling not to exceed two
and one-half (2-1/2) stories in height, unless the Company approves in
writing a structure of more than two and one-half (2-1/2)pursuant to
Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part
thereof, at any time situate on such residential lots shall be used as a
professional office or charitable or religious institution, or for
business or manufacturing purposes, or for any use whatsoever other than
residential and dwelling purposes as aforesaid; and no duplex residence
or apartment house shall be erected or placed on or allowed to occupy
such residential lots and no building shall be altered or converted into
a duplex residence or apartment house thereon. In addition, no residence
shall be converted to or marketed under a time-share plan as defined by
the General Statutes of North Carolina.
(g) If the finished building or other structure does not comply
with the approved plans and specifications, the Company retains the right
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EOOK
2525
PAGE
0053
to make the necessary changes at owner's expense, and the further right
to file under the North Carolina lien laws notice of liens for any costs
incurred.
5. RESIDENTIAL USE. (a) All of the above described lots shall be
used for residential purposes exclusively.
(b) No trailer, tent, mobile home, or other structure of a tempo-
rary character shall be placed upon any lot at any time, provided,
however, that this prohibition shall not apply to shelters used by the
contractor during the construction of the main dwelling house, it being
clearly understood that these latter temporary shelters may not, at any
time, be used as residences or permitted to remain on the lot after
completion of construction.
(c) No fuel tanks or similar storage receptacles may be exposed to
view. Any such receptacles may be installed only within a screened area,
or buried underground; provided, however, that nothing contained herein
shall prevent the Company from erecting, placing or permitting the
placing of tanks, or other apparatus, on the property for uses related to
the provision of utility or other service.
6. MAINTENANCE. (a) It shall be the responsibility of each lot
owner to prevent the development of any unclean, unsightly or unkept
conditions of buildings or grounds on such lot which shall tend to
substantially decrease the beauty of KURE DUNES PHASE IV.
(b) No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon tending to cause embarrassment,
discomfort, annoyance, or nuisance to the neighborhood. There shall not
be maintained any plants or animals, or device or thing of any sort whose
normal activities or existence is in any way noxious, dangerous, unsight-
ly, unpleasant or of a nature as may diminish or destroy the enjoyment of
other property in the neighborhood by the owners thereof.
7. ENTRY. The Company reserves for itself, its successors and
assigns, and its agents the right to enter upon any residential lot, such
entry to be made by personnel with tractors or other suitable devices,
for the purposes of mowing, removing, clearing, cutting or pruning
- Page 7 -

SO0K
2525
PAGE
005`t
underbrush, hedges (to enforce height limitations), weeds or other
unsightly growth, or for the purpose of building or repairing any land
contour or other dune work, which in the opinion of the Company detracts
from or is necessary to maintain the overall beauty, ecology, setting and
safety of the property. Such entrance shall not be deemed a trespass.
The Company and its agents may likewise enter upon any lot to remove any
trash which has collected without such entrance and removal being deemed
a trespass. The provisions in this Paragraph shall not be construed as
an obligation on the part of the Company to undertake any of the forego-
ing.
S. MISCELLANEOUS EASEMENTS. The Company reserves unto itself, its
successors and assigns, a perpetual, alienable and releasable easement
and right on, over and under the ground with men and equipment to erect,
maintain, inspect, repair and use wires, cables, conduits, sewers, water
mains and other suitable equipment for the conveyance and use of elec-
tricity and telephone equipment, gas, sewer, water or public conveniences
of utilities on, in or over the front twenty (20) feet of each lot and
ten (10) feet along the side of corner lots as shown on the recorded
plat. This easement and right expressly includes the right to cut any
trees, bushes, or shrubbery, make any grading of the soil, or to take any
other similar action reasonably necessary to provide economic and safe
utility installation and to maintain reasonable standards of health,
safety and appearance. Such rights may be exercised by any assignee of
the Company, but this reservation shall not be considered an obligation
of the Company to provide or maintain any such utility or service.
9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines
changed except with the prior written consent of the Company. However,
the Company hereby expressly reserves to itself, its successors and
assigns, the right to replat any two (2) or more lots set forth above in
order to create a modified building lot or lots; and to take such steps
as are reasonably necessary to make such replatted lot suitable and fit
as a building site, said steps to include, but not to be limited to; the

BOOK
2525
PAGE
0055
relocation of easements, walkways, and rights -of -way to conform to the
new boundaries of the said replatted lots.
10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his
or her lot, each lot purchaser agrees to become a member of the Kure
Dunes Owners Association, a Homeowners Association to be formed to
maintain and administer the common areas and amenities, if any, of Kure
Dunes, all Phases, and agrees to abide by, and be subject to, the charter
and by-laws of the Association and these Restrictions including those
provisions with respect to payment of annual assessments.
11. COVENANTS RUN WITH THE LAND. All covenants, restrictions and
affirmative obligations set forth in these Restrictions shall run with
the land and shall be binding on all parties and persons claiming under
them to specifically include, but not be limited to, the successors and
assigns, if any, of the Declarant, for a period of ten (10) years from
the date hereof after which time all said covenants shall be automatical-
ly extended for successive periods of ten (10) years, unless an instru-
ment signed by a majority of the then owners of the above numbered lots
has been recorded, agreeing to change said covenants in whole or in part.
12. VIOLATIONS. In the event of a violation or breach of any of
these Restrictions by any lot owner, or agent of such owner, the Company
or owners of any other property in KURE DUNES PHASE IV, or any of them
jointly or severally shall have the right to proceed at law or equity to
compel a compliance with the terms hereof or to prevent a violation or
breach. In addition to the foregoing, the Company shall have the right,
whenever there shall have been built on any lot any structure which is in
violation of these restrictions to enter upon the lot on which said
violation exists and summarily abate or remove the same at the expense of
the owner, if thirty (30) days after written notice of such violation it
shall not have been corrected by the owner. Any such entry and abatement
for removal shall not be deemed a trespass. The failure to enforce any
right, reservations, restrictions, or condition contained in these
Restrictions, however, long continued, shall not be deemed a waiver of
the right to do so hereafter as to the same breach, or as to a breach
- Page 9 -

BOOK
2525
PAGE
0 0 S 6
occurring prior or subsequent thereto and shall not bar or affect its
enforcement.
13. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor
in the recording of any plat or deed pursuant hereto, shall dedicate (or
be deemed to dedicate) to public use any of the common lands or other
grounds within KURE DUNES PHASE IV.
14. No mail box or paper box or other receptacle of any kind for
use in the delivery of mail or newspaper or magazines or similar material
shall be erected or located on any building lot unless and until the
size, location, design and type of material for said box or receptacle
shall have been approved by the Declarant.
15. Exterior radio and television aerials for reception of commer-
cial broadcasts shall not be permitted in KURE DUNES PHASE IV; and no
other aerials (for example, without limitation, amateur short wave or
ship to shore) shall be permitted in KURE DUNES PHASE IV without permis-
sion of the Declarant as to design, appearance and location.
16. During construction all vehicles involved including those
delivering supplies must enter the building lot on the driveway only as
approved by the Declarant so as not to damage unnecessarily natural
vegetation and dunes. During construction builder must procure a
dumpster for trash disposal and keep the homes, garages, and building
sites clean. All building debris, stumps, bushes, etc., must be removed
from each building lot by builder as often as necessary to keep the house
and lot attractive. Such debris will not be dumped in any area of the
Subdivision.
17. No property owner will do or permit to be done any act upon his
property which may be or is or may become a nuisance to any other
property owner or resident. There shall be no discharging of firearms,
guns or pistols, of any kind, caliber, type, or method of propulsion.
18. No personal sign of any character shall be displayed upon any
part of the property without the Declarant's prior approval, however
under no circumstances shall a personal "for sale" sign be permitted on
any vacant lot. The Declarant, however reserves the right to display its
- Page 10 -

QUUK
2525
PAGE
0057
"for sale" or "for rent" signs without limitation for so long as it is
involved in developing and marketing the KURE DUNES project.
19. No animals, birds, or fowl shall be kept or maintained on any
part of the property except dogs, cats and pet birds, which may be kept
thereon in reasonable numbers as pets for the pleasure and use of the
occupants but not for any commercial use of purpose.
20. Clothesline shall be located as not to be visible from the
street.
21. No trailers or habitable motor vehicles of any nature, boats or
canoes on or off trailers, may be parked on any part of the property
unless under the residence or inside an enclosed garage. These prohibi-
tions also apply to the common easement area.
22. No individual water supply system shall be permitted except a
non -potable lawn irrigation system not connected to any building. A
shallow well may be permitted for such water supply. The pump, pressure
tank, and pump house, if any, shall be considered structures.
23. Each and every covenant and restriction contained herein shall
be considered to be an independent and separate covenant and agreement,
and in the event any one or more of said covenants or restrictions shall,
for any reason, be held to be invalid, or unenforceable, all remaining
covenants and restrictions shall nevertheless remain in full force and
effect.
24. The Declarant may include in any contract or deed hereafter
made any additional covenants and restrictions that are not inconsistent
with and which do not lower the standards of the covenants and restric-
tions set forth herein.
25. If the Declarant shall transfer or assign the development of
such Subdivision or if it shall be succeeded by another in the devel-
opment of such Subdivision, then such transferee, assignee, or successor
shall be vested with the several rights, powers, privileges, or authori-
ties given the Declarant by any part or paragraph hereof. The foregoing
provisions of this Paragraph shall be automatic, but the Declarant may
execute such instrument as it shall desire to evidence the vesting of the
- Page 11 -

BOOK PACE
2525 0058
several rights, powers, privileges, and authorities in such transferee,
assignee, or successor.
26. The covenants and restrictions herein shall be deemed to be
covenants running with the land. If any person claiming under the
Declarant shall violate or attempt to violate any of such restrictions or
covenants, it shall be lawful for the Declarant, or any person or persons
owning property in KURE DUNES ALL PHASES, and damaged by said violation:
(A) To prosecute proceedings at law for the recovery of damages against
the person or persons so violating or attempting to violate any such
covenant or restriction, or (B) to maintain a proceeding in equity
against the person or persons so violating or attempting to violate any
such covenant or restriction for the purpose of preventing such viola-
tion, provided however, that the remedies in this Paragraph contained
shall be construed as cumulative of all other remedies now or hereafter
provided bylaw. Without limiting the foregoing provisions of this
Paragraph, enforcement of these covenants and restrictions may be by the
KURE DUNES PROPERTY OWNERS ASSOCIATION, INC.
27. And the said Declarant hereby covenants and agrees that every
contract of sale or deed made by the Declarant wherein is described any
of the above residential lots of said land, to -wit: Lots 1 through 40
shall include or be subject to, by reference or otherwise, to each and
every covenant and restriction herein written, or the substance thereof,
and, subject to the reservation herein, the Declarant shall conform with
and abide by the foregoing covenants as to all of said lots.
28. The Declarant reserves for itself, its successors and/or
assigns a 10 foot easement along the front of Lots 1 through 40 for the
purpose of installing and maintaining utilities.
0
- Page 12 -

BOOK PACE
2525 0059
IN WITNESS WHEREOF, the Declarant has caused this instrument to be
signed in its name by its Partners, all on the day and year first
hereinabove written.
KURE BEACH ASSOCIATES (SEAL)
Z)
JOHN )E. HARRISAMA Partner
BY: ` - SE
/iVARTHUR 37VIDMAN, Par ner
BY: /6� _,SEAL)
CHARLES M. WINSTON, Partner
STATE OF NORTH CAROLINA
COUNTY OF
PERSONALLY APPEARED before me, v ' ��S a
Notary Public in and for the County of and State of
North Carolina, JOHN B. HARRIS, JR. 00001MM119th CHARLES M.
WINSTON, PARTNERS OF KURE BEACH ASSOCIATES, a North Carolina General
Partnership, who acknowledged the due execution of the foregoing instru-
ment for the uses and purposes therein expressed for and in behalf of the
Partnership.
ITNESS my hand and notarial seal, this � d y of
, 1999. � n
Notary Public
My commission expires:
ODD
\jones\kuredune.dec - gls

B0Oi: PAGE
2525 0060
STATE OF NORTH CAROLINA
COUNTY OF WAKE
PERSONALLY APPEARED before me, Karen Conroy, a Notary Public in and for the
County of Wake and State of North Carolina, H. Arthur Sandman, Partner of Kure
Beach Associates, a North Carolina General Partnership, who acknowledged the
due execution of the foregoing instrument for the uses and purposes therein
expressed for and in behalf of the Partnership.
WITNESS my hand and notarial seal this 16th day of February, 1999.
My Commission Expires: 6/22/03
(SEAL)
L
Notary Public
STATE OF NORTH CAROLINA
„ 'i%r1; t
New Hanover County
The For nef Mnezeder i}icatp(s) of
r�'Pr;r� ��Uiil 1'yt ,•
n t
7�t�'—, h
0
Notary (Notaries) Public is/ are certified
to be correct,
This the n ! day of--JL,—Lr 199
,eO�ots,�Register of Deeds
Mary� S��y,
}
by --Abe^ 1 l— ,AdatiQJ 9A
Deputy/e 4 —
'99 FEB 19 Pm 3 51
RECORDED k VERIFIED
MARY SUE OOTS
REGISTER OF DEEDS
Nr;; '-:,',NO`/ER CO. NC'