SW8890508_Compliance Evaluation Inspection_20200330

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, March 30, 2020 3:56 PM
To: [e-mail]
Subjeck Kure by the Sea - State Stormwater (SW8 890519 & SW8 890508)
Hi Erin,
I pulled those files and brought them home. Neither file is very big, but they do have plans and some records from
1989. When we last talked about this you had wanted to come in to see them. But, now with this virus situation our
office is closed. Is this something you need immediately, or is it something that we can revisit down the road?
Thanks,
Kelly
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties

STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTIO,N:: �'1 'ti t c r ,fit REVIEW TIME / DATE: a / � q I • G�yv�
NAME: L 50 0) EMAIL:
REPRESENTING: S 0-W `$Aj m 2Each PHONE: v9 l7" a7
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
Due to the large public demand for file access, we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
I. CAM'A Major:
4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents.
Payment may be made by check, money order, or cash at the reception desk.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases, large totes, etc. are permitted in the file review area.
6. Necessary large plan copies can be scheduled with Caraeron.Weaver i tl.lcdenr.sov 919-796-7475 for a later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics
can be contacted to set up payment options. Written questions may be left with this completed form and_..a. staff
member, will'be...in contact with y.ou .(F you provide your contact -information where indicated above.
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME COUNTY
1. I)W% g l0061-100 9 t{
2. 15\A
3. 5\4
4. 5\4%
5. 5wt
Signature and N20 of Finn/Business Date MM D/Y Time In Time. Out
COPIES MADE PAID INVOICE
GIADM/Shared/File Review Access Form rev 2018

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, August 24, 2016 1:39 PM
To: Lewis,Linda
Subject: RE: Kure by the Sea (SW8 890508) & Kure by the Sea Phase 2 (SW8 890519)
Linda,
I went searching for these because no one seemed to have them. They were hidden in a stack near your
door. @ Anyway, I had a random call from XavierTondour who lives in the subdivision and was interested in getting a
copy of the permit for his HOA because they don't have it already. I explained to him that it looks like there is some
work to be done to work through some issues but that we would be back in touch with him when this eventually gets
resolved. (I explained that it may be a while, too. (9 ) 910.620.9070.
Thanks,
KJ
From: Lewis,Linda
Sent: Tuesday, August 23, 2016 1:26 PM
To: Johnson, Kelly <[e-mail]>
Subject: RE: Kure by the Sea (SW8 890508) & Kure by the Sea Phase 2 (SW8 890519)
I'd done some work on them a while ago, but they are no longer in my files.
ILL
From: Johnson, Kelly
Sent: Tuesday, August 23, 2016 1:10 PM
To: Scott, Georgette <[e-mail]>; Lewis,Linda <[e-mail]>; Hall, Christine
<[e-mail]>; Pusey, Steven <[e-mail]>; Weaver, Cameron
<[e-mail]>
Subject: Kure by the Sea (SW8 890508) & Kure by the Sea Phase 2 (SW8 890519)
Who has these files? I have a request for a file review.
Thanks,
KJ
I,ULL�JD�V�,SDVI.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

New Hanover County Tax Records Inquiry - Building Sketch
Page 1 of 1
NEW HA.NOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Building Sketch
Parcel ID: R09205-017-014-000
Building Number 01 of 01
YearBuilt .................................................... 1999
Number of Bedrooms .................................. 4
Number of Bathrooms...................4 fixtures: 2
3 fixtures: 1
2 fixtures: 1
Extra: 3
Number of Fireplaces ................................... 1
Air Conditioning? ......................................... Y
Total Sq. Ft. (Ground Floor Area Only)........ 3488
(Ground Floor Area Only may include decks, porches, concrete terraces, patios, etc.
Total sq. ft. may be overstated in multistory buildings where a multilevel section
consists of heated and unheated floors.)
-------------- 52------------+
1 +WDK04--28--44--+---16--+ 1
8 1DOP05 1BAS06 1 8
1 4 4WDK07 4 1
+4+4S----- 28--- 40-+---16--+4+
1 1BAS01
JBAS02
3 3 3
1 1 1
1POR03
+4 ----------- 4032-------+
1BAS08
8 2
4
+--12-F---- 20----+
Ownership 98al Es1mo- Values � Current Tzx Statement
rior Taxes
Sal�:s Property h1al' t Previous Page
Main Meru
Questions? Paz —
http://www.nhcgov.com/Oasinq/Oasdata4.j sp?year05&sel=RO9205-017-014-000 8/30/2005

New Hanover County Tax Records Inquiry - Ownership Data
Page 1 of 1
NEW HANOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Ownership Data
Parcel ID:. R09205-017-014-000
Owner 111105.......................... RUSSO LINDA QUALFD PER RES TR
Current Owner ........................ RUSSO LINDA QUALFD PER RES TR
Property Address .................... 830 FORT FISHER BLV N 22/1
Legal Description ..................... LT 22 KURE BY THE SEA PH 1
Rea[ Estate Valves j Building 5ketic i Cur•rentTax Statement 1
Fr cr Taxes
1
Sales Property rdap Fao
Main Meng
Questions? F. `.
http://www.nhcgov.com/Oasinq/Oasdata2 jsp?year=05&sel=RO9205-017-014-000 8/30/2005

Map Output
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DilloZv, Mc ac%iern & A ssoc fates, P.A.
Robert E. DiWlow,7r.
Mary Margaret McEaelern
K nsta M: Coleman
[phone] 7ollg"ree
August 24, 2005
Mr. Ed Beck
Division of Water Quality
North Carolina Department of Environmental
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Storm water Issues: Storm water Project Number 890508
Dear Mr. Beck:
709 Princess Street
Wilmington, V 28401
[phone] voice
AUG :' 6 11M
Our office is involved in litigation concerning a disputed beach access in old Hanby
Beach, North Carolina. In the process of researching that matter, we discovered a situation we
would like to bring to your attention and have you investigate. The matter is in regards to the
allowable built upon area of a lot in the Kure By the Sea subdivision.
The lot in question is lot number 22 which has a postal address of 830 Ft. Fischer
Boulevard North, Kure Beach, North Carolina 28449. Lot 22 is subject to "all of those rights,
easements, and obligations set forth in Declaration of Articles, Covenants, Conditions, and
Restrictions for PHASE I, KURE BY THE SEA." (Please see Exhibit A attached hereto.) This
includes those conditions and restrictions contained in the storm water permit for storm water
project number 890508. Lot 22 is restricted to a thirty percent (30%) built upon area or 4,007
square feet. However, the Certificate of Compliance for the house built on lot 22 is lacking in
significant data for the purposes of determining the true built upon area. (Please see Exhibit B
attached hereto.)
The Certificate of Compliance lacks the following information: 1) the total land area in
square feet; 2) the total square footage of impervious surfaces, which includes driveways,
porches, and sidewalks; and 3) a plot plan showing the exact structure location on the lot. The
Certificate of Compliance indicates that the total of impervious surface is not to exceed seventy
percent (70%) of the total square footage of the lot. This is in contradiction to the 30% allowable
built upon area required in the storm water permit for this specific lot. Furthermore, the attached

Mr. Ed Beck, DWQ, NCDENR
August 24, 2005
Page - 2 -
plot plan shows not the proposed structure but the lot itself and the pedestrian easement to the
beach. Thus a footprint of the house, driveways, porches, and sidewalks on lot 22 is lacking and,
therefore, the true percentage of the impervious surfaces existing on lot 22 in Kure By the Sea
cannot be calculated.
We are requesting that DENR conduct an investigation on lot 22 to determine whether it
meets the Storm water regulations as required by the permit issued for Kure By the Sea. More
specifically, does the house and other impevious surfaces exceed the 30% allowable built upon
area? We also ask that you send us a copy of the investigation, notes and any other relevant
documentation, including, but not limited to, notices of violation and other correspondence.
We appreciate your time and attention to this matter. I know you will agree that it is in
the public's best interest to see that Storm water regulations are followed and enforced. Should
you have any questions, please feel free to contact me.
ely,
Pat Meyer
Legal Assistan
Enclosures
/pm-mm-kc
hanbybeach-denrAr

CERTIFICATE OF COMPLIANCE
ou
x
Town Of Kure Beach H
W
117 Settlers Lane y
Kure Beach, North Carolina 28449
910 458-8216 FAX [phone]
Date: Oct. 22,1999
This is to certify that the premises at 830 Fort Fisher Blvd. No.
identified as Tax Map: 92-05 Block No: 17
Lot: 14 , has been inspected and the construction thereof,
in my opinion, complies with the North Carolina Unifrom residential
Code or the North Carolina Building Code or the Building Code of the
Town of Kure Beach and includes the design wind and flood
requirements therein.
Builders Information Lic No: 30605
Company Name Mullen Construction, Inc
Address PO Box 265
City Kure Beach StateN.C. Zip 28449
Phone[phone] FAX: UNK
Owner Information
Name Peter & linda Rasso
Address Same as above
City Kure Beach State N.C. Zip 28449
Phone[phone] FAX U N K
signed �A,?JK'a
Willi A. Hanna Jr.
Building Inspector
12/13/991.06 PM 98 C Of O.wdb

a TOF
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BlockNo:
B. Street Addm
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IL TM A'ID COST OF BUI LENG
A Type oflmpmovat
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C. Daaa ptia of wrnet to be doge:
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D. Proposed Use
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IIL SELECTED CUARA - - OFBUHDING
NOTE
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1-0 Vasomy (wall bevInO 1. a Pdvate
tfirlWood Fmw 2.oPublic
3 steel
4.0 Reinforced Concrete
5.0 Other -specify:
C T* of Sewerage Disposal
2.0 Whi" SqWC system
R Type OfEenfing PwI
water supply
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2.11 individual (well)
P. h6whanicILI
1.0 Gas > J:Qewg Air Conditioning
2.[] Oil Z[] Blcvator
3.11pactdc
3400apmP
5.1] Other - specify:
I. Number of stmits: 510 r-t,&&J
- -
2. Maximum heigbi above grade: r t (not to exceed 3.5 feet)
3. Totai ofHeated &fnm Fact , Cdving awns)
4. Total of Unbeated Sqmc Feet: 0 (deckSpM9eMc)
5. Total Land AM26Square Feet:
6. impervious SM*0%-bdadbmgdriveways
(total not to exceed 70% oflatal sqwe footage of lot):
Attath plot plan sboeAvg drctum location on .lot
(existing anti proposed, with seek --- ---Betc)

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PETER J. RU550 t Wife, LINDA ANN Ku"550

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a�
State of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Cf ica
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary WATER QUALITY SECTION
April 8, 1994
Mr. Tom Wright
Kure by the Sea partnership
535 Cape Boulevard
Wilmington, North Carolina 28403
Resources
Bob Jamieson
Regional Manager
Subject: Suitable Driveway Materials
Kure by the Sea
Stormwater Project No. 890508
New Hanover County
Dear Mr. Wright:
I spoke to Dave Adkins concerning the types of materials suitable for construction of driveways
within the subject subdivision in order to reduce the built -upon area. The type of construction you
specifically inquired about was called turfstone. Unfortunately, this material cannot be used as a pervious
alternative to concrete. Over time, the material inside and under the pavers becomes impervious. The
only real and viable alternative is the use of 3' wide paved or. concrete wheel strips, or paving a driveway
that is only 10' wide vs. 25' wide. Because of the nature of a driveway, which endures long-term weight
and frequent wheel loads, even grassed driveways can become impervious over time.
If you have any questions concerning this matter, please do not hesitate to contact me at 395-3900.
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:1WQSISTORMWATILETTERS1890508.APR
cc: (2) Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affh=tive Action Employer

State of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
April 7, 1994
Mr. and Mrs. Thomas Lund
113 Legault Drive
Cary, North Carolina 27513
Dear Mr. and Mrs. Lund:
Resources
Bob Jamieson
Regional Manager
Subject: COMPLIANCE STATUS
Kure by the Sea Lot 29
Stormwater Project No. 890508
New Hanover County
On September 3, 1992, a Notice of Violation was sent to Mr. Tom Wright concerning the project,
Kure by the Sea. As of this date, the items cited in the letter have been resolved, the Professional
Engineer's Certification has been received, and the project has been determined to be in compliance with
the Stormwater Certification issued on June 21, 1989.
If you have any questions concerning this matter, please do not hesitate to call Linda Lewis or
me at [phone].
Sincerely,
Dave Ads
Water Quality Supervisor
DA/arl: S:1WQSISTORMWATISTATUS1890508.APR
cc: __ Linda Lewis
Mr. Sky Conklin, New Hanover County Building Inspections
Mr. Bill Hanna, Kure Beach Building Inspections
Wilmington Regional Office
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

a
DEC 14 1993 & WA a o-Lce-
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c a Qn4PLU --- Wes%
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DEC 13 IM
NC oq7511
D E IVI

MICHAEL F. EASLEY
ATTORNEY GENERAL
5�I
k
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
2 7602-0629
September 10, 1993
William F. Lopp
Attorney at Law
7474-287 Creedmore Road
Raleigh, N.C. 27613-9975
RE: Kure by the Sea
Stormwater Project #890508
Dear William:
SEP 141993 L
Reply to: Silly R. Godwin
Environmental Section
(919)-733-7247
STU"WIRYAWATFR
9LLrLL�W�iu;
SEP 1 b 1"3
D���yyyE^ m
�T �.
I represent the N.C. Division of Environmental Management
(DEM). DEM administers and enforces the State's stormwater
program. Recently it has come to my attention that you represent
Mr. and Mrs. Tom Lund. In 1992 the Lunds received a Notice of
Violation (NOV) for problems associated with their residential
construction project at Kure by the Sea in New Hanover County. The
NOV was for violating the allowable "built -upon" area specified in
the deed restrictions applicable to Kure by the Sea. The deed
restrictions were based upon State stormwater regulations. NOV's
were also simultaneously sent to six other homeowners at Kure by
the Sea. These six other homeowners have since resolved their
violations. Unfortunately, your clients have been very reluctant
to rectify their violations.
On July 23, 1993, at the request of my clients, I wrote a
_letter.to the Lunds and other co -owners of the lot in question. A
copy of this letter is enclosed for your file. My purpose in
writing the letter was to review the history of the site and to
request that they immediately initiate action to resolve the
violation. Prior to the August 13, 1993 deadline set by my letter,
the Lunds and Neil Meissner met with myself and several individuals
from DEM regarding the site. At that time, options were discussed
which would resolve the problem. Your clients assured us that they
wanted to avoid DEM having to take enforcement action against them.
With my client's approval, I agreed not to immediately file any
type of enforcement action on the 13th and your clients indicated
that they would by that date or "shortly" thereafter, communicate
with us regarding their preferred method of resolution.
Since that time, no progress has been made on abating the
violations at Kure by the Sea and DEM is on the verge of
authorizing me to initiate enforcement action in the nature of an
injunction compelling compliance with the stormwater regulations.
An Equal opportunity./ Affirmative Action Employer

William F. Lopp letter
September 10, 1993
Page 2
While I realize that your clients feel that Thomas Wright is
responsible for their problems and that they have retained you to
explore his potential liability to them, DEM looks toward the lot
owners themselves as being responsible for correcting the problem
today. In your letter to Mr. Wright of August 23, 1993, you agree
that "the State's NOV is well founded." It is my `hope that perhaps
your conclusion will persuade your clients to resolve the violation
with DEM immediately then look toward contribution from Mr. Wright.
In light of the age of this case, DEM has little choice but to
initiate prompt enforcement action against the Lunds and other
co -owners in the event significant progress has not been made
within the very near future. Please assist me in resolving this
matter without DEM having to take enforcement action. I may be
reached at the above address at your convenience and I look forward
to an easy resolution to this problem.
Sincerely,
Bill0�f��
dwin
Assistttorney General
BRG/ms
enclosure
copy to:
Dave Adkins, DEM WQ Wilmington Regional Supervisor
Bradley Bennet, DEM WQ Planning Branch

_ .•STAIZ
' s
State of North Carolina
MICHAEL F. EASLEY Department of Justice
ATTORNEY GENERAL. P.O. BOX 629
RALEIGH
27602-0629
July 23,.1993
Mr. and Mrs. Tom Lund
1213 Maury Court
Raleigh, N.C. 27615
RE: Violations of N.C. Stormwater Regulations
Kure By the Sea
Stormwater Project No. 890508
Dear Mr. & Mrs. Lund:
I represent the N.C. Division of Environmental Management's
Water Quality Section. This Section administers and enforces the
State's .stormwater statute and regulations found at G.S.
§143-214.7 and 15A North Carolina Administrative Code 2H.1000 et.
seq.
On September 3, 1992, you and the co -owners listed below
(who will also receive a copy of this letter) were issued a
Notice of Violation (NOV) for exceeding the built -upon area
limitation specified in the recorded deed restrictions applicable
to your residence at lot 29 of Kure By the Sea. The owners of
seven other lots also received NOVs for non-compliance on their
lots but have since met with personnel from DEM's Wilmington
Regional Office and have resolved the violations. To date, the
only response from you has been a letter dated May 21, 1993
indicating that a survey had been completed "which indicated
approximately 280 square feet of impervious surfaces." DEM has
not received a copy of this survey. Additionally you stated an
intent to discuss your legal liability with an attorney.
On July 20, 1993, personnel from DEM's Wilmington Regional
Office inspected lot 29 to determine the extent of the impervious
coverage. Based on this survey and the resulting calculations
therefrom, your lot exceeds by 329 square feet, the area allowed
to be built upon.
Due to the lack of substantive response to the September
1992 NOV and an apparent unwillingness to voluntarily comply with
the State stormwater regulations, DEM has referred your case to
the Attorney General's Office for enforcement. It is generally
the policy of this office to advise violators that unless they
take immediate steps to comply with the law, enforcement action
will be initiated. . In this case, the enforcement action wiil
An Equal Opportunity / AffirmatN,e Action Employer

` Mr. & Mrs. Lund letter
July 22, 1993
Page 2
-.....likely be in the nature of a complaint for injunctive relief to
compel compliance with the stormwater regulations. Accordingly,
the primary purpose of this letter is to request.that you contact
Mr. Bradley Bennett in DEM's Water Quality Planning Branch in
Raleigh at (919)-733-5083 to seek an amiable resolution of this
matter. My client and I both prefer this method of dispute
resolution rather than resort to. the courts however, should DEM
advise me that by August 13, 1993, no significant effort on your
part has been made to resolve this matter,'I will be compelled to
initiate legal action as indicated. Please take the necessary
steps to avoid this.
I will be happy to discuss this case at any time with you or
your attorney if you have retained one. I may be reached at
(919)-733-7247..
s,
Bil],*-R./Godwin
As ist t Attorney General
BRG/ms
copies to:
Mr. Neil Meissner
7901 Oak Orchard Drive
Raleigh., N.C. 27613
Mr. Bob Orkis
6108 Valley Field Drive
Raleigh, N.C. 27615
Mr. Bradley Bennett _
DEM WQ Planning Branch
Mr. Dave Adkins
DEM WQ Regional Supervisor, WIRO

._ r_ .�� �. _• 1.� i i .s...r 1 1,.�_•r r F van + Cr, lxV nr_ 1 ! ! D=I— I I U14 I u
WINU il. W 1IUe
M9iiing Address.
7414-287 Crctdmoor Road
Raleigh, N.C. 27613-9973
WILLIAM F. LOPP
Attomey At Law
Souk suite FA6
333 Faydttevule St. Man
ReWSh, N.C. 21WZ
August 23, 1993
Mr. Thomas D. Wright, president
Kure by the Sea Partnership
535 Cape Boulevard
wiimington, 'North Carolina 28403
pL�;).V - r0-
�# finite: (919) 82$-5553
*nri�torw!t1h Hora: (919) $47.1548
S I URMWATER
u
SEP 0 2 19g3 U
RE; DENT Notic Of- violation D E M
Storm Water Project #890508
Kure by the Sea. Lot 29
phase 1 and IA 1345
Restrieti've covenant, Book 1457, page
New Hanover County
Dear Mr. Wright:
i have been retained by Mr. and Mrs. Tom Lund regarding
the DEM Notice of Violation which they received in reference
to the above -captioned Lot. A careful review of the NOV
for exceeding the built -upon area limitation
specif� e geed in
ctions for Lot 29, Xure by
reveals recorded
ls that he State'siNOV is well founded.
o way
The fact that the NOV was sent to the lot owner Ta n North
reflects a resident owner's ultimate liability.
f the
Carolina Administrative
C e�°s wauth authority hich is aempowers the n extension o DEHNR
North Carolina leggy standard
with authority to make and enforce a regulatory
n addition to statutory law. Far ease of enforcement.
ner h ato
the rules Oita the home
mcrew themt7 timmediate � regard
to fault because it
Thereafter, in any claim brought in by tiheas in this home owner. case, the
real party at fault
The fault that you bear in this matter is brought in as
As a licensed
a contractor as well as developer --owner. and preparing
contractor, you are charged with building
development property in accordance with all applicable law.
Further, as a matter of contract, you set forth a set of
restrictive covenants involving further substantive and
procedural standards governing property development.
Post -It- brand fax transmittal memo 7671 1 # of Pages r . a
� c��ijj LCiui S Prom &+ tr hT1L'(i
Co. CO
Dept. Phone # 1
f33-509
Fax #(A phi 36(3 r 9Ooq Fax # 1

i "! r Vay I `M UUHL ! 1 Y !6EC T I ON TO
lJ I RO P . 02i02
Mr. Wright
August 23, 1993
Stormwater Project
Page Two
No. 890508, Lot 29
As the developer -contractor, you determined the development
patio of Llat 29 regarding conciate area tau natural land
space. I realize that in using the Lund's residence as the
model in your brochure you thought their lot was in compliance
when in fact there was a mistake. The Lunds, et al, simply
want the error corrected. It is my suggestion that you develop
a plan in accordance with 3c of the restrictive covenants
to deal with. bringing the concrete-to-landY-surfaoe-ratio
of Lot 29 into DEM compliance as well as determine overall
devaluation of the development regarding all lot surface
alterations.
it is true as you stated at the bottom of page 2 of your
letter of September 18, 1992, that the advent of litigation
is likely. It is my opinion that any action (pursuant to
the NOV or the courts) involving the Lunds would result
in ultimate liability to you even if a subsequent legal
action were necessary. Although my clients are not poised
to demand damages for the decrease in market value of Lot
29 at this time, they do request that you rectify the surface
problem to the end that the whole matter is quickly concluded.
To facilitate this matter, 1 have directed my clients to
secure an estimate for the removal of the requisite amount
of concrete from Lot 29.
It is my hope that you will expedite your obligation to
my clients regarding the law and the covenants and thereby
avoid, for all parties, the necessity of litigation,
attorney's fees and protracted negotiations. Please contact
Mr. Lund immediately at 1213 Maury Court, Raleigh, North
Carolina 27615, [phone], so that this matter can
be concluded within the DEM time frame..
Thank you for your concern and timely response.
Sincerely,
(SIGNED) WILLIAM F. LOPP
William F. Lopp
WFL/mi
cc: Mr. and Mrs. Tom Lund
1213 Maury Court
Raleigh, North Carolina 27615

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State of North Carolina
MICHAEL F. EASLEY Department of Justice ,7� ry
ATTORNEY GENERAL P.O. BOX 629 . -V @�`
RALEIGH
27602-0629 AUG 0 4 1993
July 23, 1993
Mr. and
Mrs. Tom Lund
STOP
1213 Maury Court
s
Raleigh,
N.C. 27615
L)
b
RE:
Violations of N.C.
Stormwater Regulations LMKure
By the Sea
Asir, 1 7 1993
Stormwater Project
No. 890508
gc('s
Dear Mr.
& Mrs. Lund:
0I#
I represent the N.C. Division of Environmental Management's
Water Quality Section. This Section administers and enforces the
State's stormwater statute and regulations found at G.S.
§143-214.7 and 15A North Carolina Administrative Code 2H.1000 et.
seq.
On September 3, 1992, you and the co -owners listed below
(who will also receive a copy of this letter) were issued a
Notice of Violation (NOV) for exceeding the built -upon area
limitation specified in the recorded deed restrictions applicable
to your residence at lot 29 of Kure By the Sea. The owners of
seven other lots also received NOVs for non-compliance on their
lots but have since met with personnel from DEM's Wilmington
Regional Office and have resolved the violations. To date, the
only response from you has been a letter dated May 21, 1993
indicating that a survey had been completed "which indicated
approximately 280 square feet of impervious surfaces." DEM has
not received a copy of this survey. Additionally you stated an
intent to discuss your legal liability with an attorney.
On July 20, 1993, personnel from DEM's Wilmington Regional
Office inspected lot 29 to determine the extent of the impervious
coverage. Based on this survey and the resulting calculations
therefrom, your lot exceeds by 329 square feet, the area allowed
to be built upon.
Due to the lack of substantive response to the September
1992 NOV and an apparent unwillingness to voluntarily comply with
the State stormwater regulations, DEM has referred your case to
the Attorney General's Office for enforcement. It is generally
the policy of this office to advise violators that unless they
take immediate steps to comply with the law, enforcement action
will be initiated. In this case, the enforcement action will
An Equal Opportunity / Affirmative Action Employer

Mr. & Mrs. Lund letter
July 22, 1993
Page 2
likely be in the nature of a complaint for injunctive relief to
compel comp3iance with the stormwater regulations. Accordingly,
the primary purpose of this letter is to request that you contact
Mr. Bradley Bennett in DEM's Water Quality Planning Branch in
Raleigh at (919)-733-5083 to seek an amiable resolution of this
matter. My client and I both prefer this method of dispute
resolution rather than resort to the courts however, should DEM
advise me that by August 13, 1993, no significant effort on your
part has been made to resolve this matter, I will be compelled to
initiate legal action as indicated. Please take the necessary
steps to avoid this.
I will be happy to discuss this case at any time with you or
your attorney if you have retained one. I may be reached at
(919)-733-7247.
u
Bilyf R./ Godwin
As ist t Attorney General
BRG/ms
copies to:
Mr. Neil Meissner
7901 Oak Orchard Drive
Raleigh, N.C. 27613
Mr. Bob Orkis
6108 Valley Field Drive
Raleigh, N.C. 27615
Mr. Bradley Bennett
DEM WQ Planning Branch
Mr. Dave Adkins
DEM WQ Regional Supervisor, WIRO

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An Equal Opportuntly Affirmative Action Employer 60% recycled/ 10% post -consumer paper

sa.SUTE c.
State of North Carolina
Department of lEnvironrnent, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
July 21, 1993
MEMORANDUM
MEMO TO: Ms. Kathy Cooper
Attorney General's Office
FROM: Linda Lewis Aal---
THROUGH: Dave Adkin
SUBJECT: Kure By the Sea
Stormwater Project No. 890508
New Hanover County
This project has been under a Notice of Violation since September 3, 1992 for exceeding the built -
upon area limitation as specified in the recorded deed restrictions for both phases 1 and IA. A total of
eight lots were cited in the violation. In order to reslove the situation, the gazebo lot (#18) was restricted
to zero allowable built -upon area and the available 2,610 square feet from this lot was distributed among
the offending lots. In addition, seven of the lot owners met with Wilmington Regional Office Staff to seek
solutions by removing existing impervious areas (excessive driveways and stone patios). The net result
being that seven of the lot owners are now in compliance with one lot owned by Mr. and Mrs. Tom
Lund, Mr. Neil Meissner, and Mr. Bob Orkis, (Lot 29), refusing to cooperate. This Office sent a letter
dated March 8, 1993, and made several phone calls to our primary contacts, Mr. and Mrs. Lund,
advising that they were in violation of the built -upon area limitation, and they were urged to contact us
to discuss their options. The response to date has been a letter stating that a survey has been completed
(no copy received) showing that they are 250-300 square feet over, and they are consulting with a lawyer
concerning their liability in this matter, and will make a decision in the near future.. To date, no attempt
to schedule a meeting with personnel from the Wilmington Office to discuss the options available has
been made by any of the lot's owners.
On July 20, 1993, Regional Office Personnel inspected lot 29 to determine the extent of the
impervious coverage. Based on field measurements, there are 1,110 square feet of house covering the
ground and 1,370 square feet of concrete sidewalk and driveway, for a total of 2,480 square feet of
impervious surface. The deed restrictiogAr the subdivision allows a maximum of 2 square feet,
therefore, the overage is approximately W square feet. Since no copy of the survey has been received,
the Lund's numbers cannot be compared to the field measurements.
* Sr Lu- 1 C-h 2h�e nu," hc•-S 1- Z2-C13
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Memo to Ms. Kathy Cooper
July 21. 1993
Stormwater Project No. 890508
A few particulars concerning the approval of this subdivision: The projects for both phase 1 and
lA were received on May 12, 1989. Phase 1 deed restrictions were recorded May 26, 1989, and Phase
lA on April 14, 1989. Mr. T. D. Wright was issued Certifications of Compliance, Numbers 890508 for
Phase I and 890519 for Phase lA on June 21, 1989. A site inspection conducted on March 6, 1992
revealed the built -upon area violations. The first Notice of Violation was issued on September 3, 1992,
with followup Notices on October 2, 1992 to include Lot 67 in Phase II, and on October 27, 1992 to
verify the plan of action to bring the subdivision into compliance. Mr. Wright has been very cooperative
and has attended several meetings with WiRO staff to discuss options. This Office has received surveys
and/or drawings of seven of the eight offending lots and has judged them to be in compliance. Revised
deed restrictions were recorded on November 20, 1992, governing the new impervious area for each of
the eight lots.
Please note the following names and addresses for the owners of Lot 29:
Mr. Neil Meissner
7901 Oak Orchard Drive
Raleigh, North Carolina 27613
Mr. and Mrs. Tom Lund
1213 Maury Court
Raleigh, North Carolina 27615
Mr. Bob Orkis
6108 Valley Field Drive
Raleigh, North Carolina 27615
If we can be of further assistance in this matter, please do not hesitate to call me at 395-3900.
DA/arl: S:\WQS\STORMWAT\MEMOS\890508.JUL
cc: Mr. Billy Godwin, Attorney General's Office
Mr. Tom Wright, Kure By the Sea
Mr. Bradley Bennett
Linda Lewis

aw.+
State of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
July 20, 1993
Mr. Tom Wright
Kure By the Sea Limited Partnership
535 The Cape Boulevard
Wilmington, North Carolina 28412
Dear Mr. Wright:
Resources
Bob Jamieson
Regional Manager
Subject: COMPLIANCE STATUS
Kure By the Sea
Stormwater Project No. 890508
New Hanover County
On September 3, 1992, a Notice of Violation was sent to you concerning the project, Kure By
the Sea Phase I and IA. As of this date, the items cited in the letter have been resolved, and the project
has been determined to be in compliance with the Stormwater Certification issued on June 21, 1989.
In order to resolve this situation, the gazebo lot, number 18, was restricted to zero allowable
impervious area through a recorded deed restriction at Deed Book 1631, Page 1444, and the 2,610 square
feet of impervious area was transferred and distributed among the offending lots in order to raise their
allowable built -upon areas. In addition, each offending lot has taken steps to remove impervious area in
the form of driveway removal, patio removal, etc, the net result being that the original impervious area
deed restrictions for Phase IA of 30% of gross lot area, and 1,686 square feet per lot for Phase I is still
in effect for all unsold lots in those phases. The offending lots have been restricted to varying square
footages as follows:
Lot 18
0
Lot 19
30 % of lot area
Lot 20
30 % of lot area
Lot 24
2,180 square feet
Lot 27
2,151 square feet
Lot 29
2,151 square feet
Lot 37
2,151 square feet
Lot 38
1,900 square feet
Lot 67
2,080 square feet
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Wright
July 20, 1993
Stormwater Project No. 890508
The remaining lots in Phase IA, (12-22) are restricted to 30% of their lot area, and the remaining
lots in Phase I and II are restricted to 1,686 square feet. Please make every effort to ensure compliance
with the Stormwater Rules for the remaining lots. The State will attempt to prosecute Mr. Tom Lund,
one of the owners of Lot 29, for violation of the restrictive covenants governing the allowable built -upon
area.
If you have any questions concerning this matter, please do not hesitate to call Linda Lewis or
me at [phone].
Sincerely,
G�
ave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\STATUS\890508.JUL
cc: Bill Hanna, Kure Beach Building Inspections
Bradley Bennett
Carl Farmer, P.E., Century/von Oesen
Linda Lewis
Wilmington Regional Office
Central Files

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Post -It°" brand fax transmittal memo 76711 # of pages ► +
mot. U�315:o
C)0/I
May21, 1993
Ms. Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Subject: Notice of Violation
Kure by the Sea
Dear Ms. Lewis:
GE Capital
General Electric Mortgage Insurance Corvaradan
A unit of GE Capital Mortgage Corporation
6601 Six Forks Road, Raleigh, NC 27615
919 846-4100
.IIIN U i 1993 �)
In response to our telephone conversation and the letter from the Department of Environment,
Health, and Natural Resources, myself and my partners have taken several actions.
We have received and paid for a physical survey of the property which indicated approximately 280
square feet of impervious surfaces.
I have spoken to Bill Hannah, the Town of Kure Beach Building Inspector, with regard to the
certificate of occupancy issues.
We have also contacted our attorney to research potential legal action to cure this issue.
Myself and my partners are studying our options and will make a decision in the near future.
Sincerely,
Tom Lund
STORMWATER
ff0482 U IG � E Q V
JUN 0 7 1993 lui
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
June 4, 1993
Mr. Bill Mitchell
817 Fort Fisher Boulevard North
Kure Beach, North Carolina 28449
Subject: Compliance Status
Kure by the Sea Subdivision, Lot 24
Stormwater Project No. 890508
New Hanover County
Dear Mr. Mitchell:
The Wilminp-ton Reeional Office has received your request to review your lot map for compliance
with the Stormwater Certification issued June 21, 1989. Based on a review of the lot drawing and a site
inspection performed by Regional Office Staff on June 3, 1993, this Office concurs that your lot #24 is
now in compliance. Your total built -upon area is 2160 square feet, below your allowable limit of 2180
square feet.
A "For Sale" sign was noted in your yard. Please make sure the new owners are aware of the
restrictive covenants governing built -upon area. If you have any questions concerning this matter, please
do not hesitate to call me at 395-3900.
Sincerely,
ave Adkins
Water Quality Supervisor
DA/arl: STATUS1890508.JUN
cc: Mr. Tom Wright, Kure by the Sea
Mr. Bob Klingensmith, United Resorts
Mr. Bill Hanna, Kure Beach Building Inspections
Mr. Sky Conklin, New Hanover County Building Inspections
Mr. Bradley Bennett
Ms. Linda Lewis
WiRO, Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

a -
May 18,1993
RECE��D
MY 2I 1993
lFbNngton Regional o fla
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Linda Lewis, Environmental Engineer
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Dear Linda,
Please review the impervious surface areas of Lot# 24,
Kure -by -the -Sea in Kure Beach. I believe that it is
approximately 2160 square feet which is within the
allowable area of 2180 square feet as per our recent
telephone conversation.
1001 N. Lake Park Blvd.
Carolina Beach, N.C. 28428
Phone [phone]
Fax: [phone]
If this meets the approval of your office, please notify
me in writing at your earliest convenience.
Thank You.
Sincerely,
G�l�
Bob Klingensmith
Sales Associate
cc: Bill Mitchell (p.;�)
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State of North Carolina
Department of Environment; Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
March 8, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL P 364 976 568
RETURN RECEIPT REQUESTED
Mr. and Mrs. Tom Lund
1213 Maury Court
Raleigh, North Carolina 27615
Dear Mr. and Mrs. Lund:
Bob Jamieson
Regional Manager
Subject: Notice of Violation
Kure by the Sea
Stormwater Project No. 890508
New Hanover County
On September 3, 1992 a Notice of Violation was issued to Mr. Tom Wright for non-compliance
with the restrictive covenants limiting the allowable built -upon area at Kure by the Sea Subdivision. Eight
lots, including yours, were cited for exceeding the allowable built -upon area. Lot 29 is allowed a built -
upon area of 2,151 square feet. Seven of the homeowners have taken corrective action and are now in
compliance with the Stormwater Certification issued by this Office. Your lot is the only violator
remaining.
This Office may recommend revocation of the Stormwater Certification if action to correct the
exceedance of impervious surfaces on your Lot #.29 is not initiated in a timely manner. Once the
Certification is revoked, Kure by the Sea will be in violation of NCGS 143-215.6A (a)(2) because it will
not have all required permits and certifications. Failure to have all required permits and certifications may
also be grounds for the Building Inspector to withhold the Certificate of Occupancy for dwellings in the
development.
Please make arrangements to meet with personnel from this Office and/or Mr. Wright as soon as
possible. We will be happy to provide you with all available opportunities to arrive at a mutually
beneficial solution. Compliance will not necessarily demand a high expenditure on your part, however
doing nothing may cost more. We urge you to give this matter your immediate attention.
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. and Mrs. Lund
March 8, 1993
Stormwater Project No. 890508
If you have any questions concerning this matter, please do not hesitate to call Linda Lewis or
me at [phone]. We will be happy to arrange a meeting at your earliest convenience.
Sincerely,
1-�--I'Ct4 ";t-)1(-
Rick Shiver
Acting Regional Supervisor
RSS/arl: 890508A.MAR
cc: Mr. Tom Wright
Mr. Bill Hanna
Linda Lewis (2)
Wilmington Regional Office
Central Files

d SENDER:
y • Complete items 1 and/or 2 for additional services.
I also wish to receive the
y • Complete items 3, and 4a & b.
following services (for an extra
19
• Print your name and address on the reverse of this form so that we can
fee):
b
0 return this card to you.
m • Attach this form to the front of the mailpiece, or on the back if space
1. ❑ Addressee's Address
0
does not permit.
t • Write "Return Receipt Requested" on the mailpiece below the article number.
2. El Restricted Delivery
m
• The Return Receipt will show to whom the article was delivered and the date
c delivered.
Consult postmaster for fee.
m
'0 3. Article Addressed to:
4a. Article Number
d
m
P 364 976 568
5
Mr. & Mrs. Tom Lund
4b. Service Type
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0 1213 Maury Court
❑ Registered ❑ Insured
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UNITED STATES
VDST.LSERVICE
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Sent to
Mr. & Mrs. Tom Lund
Street and No.
1213 Maury Court
P.O., State and ZIP Code
NC 27615
-
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Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
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Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showing to Whom,
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
February 16, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Bill Hanna
Kure Beach Building Inspector
Post Office Box 3
Kure Beach, North Carolina 28449
Dear Mr. Hanna:
Bob Jamieson
Regional Manager
Subject: Compliance Status
Kure by the Sea
Stormwater Project No. 890508
New Hanover County
This letter is to inform you of the status of the subject project in reference to meeting the
Stormwater requirements. The following is a list of the homeowners, their action to date, and whether
or not they are presently in compliance with the Certification.
Mr. Robert Furr Lot #37 Removed concrete driveway and replaced with ribbon
paving 2' wide. Presently in compliance.
Mr. Robert Beaudry Lot #20 Based on deed restriction, impervious area (2347
square feet) is less than 30 % of the site. Presently in
compliance.
Mr. P.M. Williams Lot #38 Based on amended deed restrictions, limiting the lot
to 1,900 square feet. Presently in compliance.
Mr. Neal Meissner Lot #29 Refuses to take out any impervious area. Limited to
and others. 2,151 square feet. Presently not in compliance.
Ms. Lynn Masterson Lot #19 Based on deed restrictions, impervious area (2652
square feet) is less than 30 % of the site. Presently in
compliance.
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax gig-3542om
An Equal Opportunity. Affirmative Action Empmyer

Mr. Hanna
February 16, 1993
Stormwater Project No. 890508
---------------------------------------
Mr. Joseph Jacobs Lot #27 Driveways removed. Presently in compliance.
Mr. William Daube Lot #67 Based on amended deed restrictions he was awarded
2,100 square foot allowable impervious area. Presently
in compliance.
Lot #18, the gazebo lot, will remain vacant. The marl drive/parking area has been removed. The
breakdown of the allowable impervious areas is:
Lot #24
2,180 square feet
Lot #29
2,151 square feet
Lot #27
2,151 square feet
Lot #37
2,151 square feet
Lot #38
1,900 square feet
Lot #19
30% of 9,293 square feet
Lot #20
30 % of 9,292 square feet
I hope that this helps you. in your efforts to inspect these horses. If you have any questions
concerning this matter, please call me at [phone].
Sincerely,
IZMIR W-,-Y&15�1-2 ....�
Linda Lewis
Environmental Engineer
DA/arl: 890508.FEB
cc: Thomas Wright
(2) Linda Lewis

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
February 15, 1993
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Robert Beaudry
Post Office Box 656
Kure Beach, North Carolina 28449
Dear Mr. Beaudry:
Bob Jamieson
Regional Manager
Subject: Addition of Second Story Deck
Per our telephone conversation earlier today, you have permission to construct a second story deck
on your home without adding to your existing impervious area total. The reasoning behind this is the
State feels that as long as the ground beneath the deck is pervious, (ie., sand, other decking) and allows
rain to filter through, then the impervious total of your lot is not affected. Generally, we go by the first
story footprint to determine impervious area, as well as any concrete walks, patios, etc.
If you have any questions concerning this matter, please do not hesitate to call me at (919) 395-
3900.
DA/arl:
cc:
ga04d9
BEArmuy,PER
Sincerely,
Linda Lewis
Environmental Engineer
Bill Hanna, Kure Beach Building Inspections
Linda Lewis (2)
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

JGSEPH E. JAGGRS
6825 GREYWALLS LANE
RALEIGH, N.C. 27614
[phone]
r --I OATganuary 1B, .. 93
TO Ms. Alexis Finn Lot 27
_. SUBJEC'
Envirommuital Engineer Stormwater Project
Dept of Environment-, Health & Nat Resorces Kure By.The Sea
New Hanover County
.This..is to advise you that I have taken proper action per your requirements
in removing concrete in the driveway. No concrete pavers were installed. In
removing this concrete this will bring this lot to Meet the restrictive
covenants. If you have any question, please advise.
Thank you. r RECEIVE®.
b L. . -
� 6 k g � L AN 25 1993
LWilmingtonU Regional Office
cc: Mr. Thomas D. Wright--- F E B 0 1 1993 DEM
D E M
SIGNED
`�------

,wsruco
4
State of North Carolina
Department of Environment; Health, and Natural_ Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary December 10, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL AIANAGEl1»IEENT
Mr. Robert E. Furr
Post Office Box 3453
Wilmington, North Carolina 28406-3453
Subject: Compliance with Stormwater Regulations
Stormwater Project No. 890508
Kure By the Sea
New Hanover County
Dear Mr. Furr:
On December 9, 1992, this Office received your letter dated December 3, 1992 detailing your
efforts to bring your homesite into compliance with the Stormwater Regulations. We find your efforts
to be successful in that endeavor. The original impervious cover of 2,777 square feet has been reduced
to 2,104 square feet, which is under the 2,151 square feet allotted for your lot.
Thank you very much for your patience with us during this situation. If you have any questions,
please do not hesitate to call Linda Lewis or me at (919)-395-3900.
DA/arl: 890508. DEC
cc: Mr. Sky Conklin,
Mr. Tom Wright
(2) Linda Lewis
Central Files
Sincerely,
L
ave Adkins
Water Quality Supervisor
New Hanover County Inspections
127 Cardinal Drive Extension, Wilmington, N.C. 2M5-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

M 7 M
To: Mr. Dave Adkins Wilmington Regional Off" December 3, 1992
DEM
Regional Water Quality Supervisor
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Subject: Impervious Coverage
Kure By The Sea
Dear Mr. Adkins:
Enclosed is a survey of my Lot #37 on September 28,1992
indicating my impervious coverage at that time to be 2777 square
feet. This letter is to inform you that on December 1, 1992 I
removed 912 square feet of this coverage. On December 2, 1992 I
put back 239 square feet of concrete in the form of four runners 2
feet wide. My net impervious coverage is now 2104 square feet, well
within the 2151 square feet of impervious coverage permitted for
lot #37 by the First Amendment To The Restrictive Covenants of Kure
By The Sea Phase I in Book 1631 Page 1442 New Hanover County.
If the above information is sufficient in its present form and
you agree I am now in full compliance, please so state in a letter
to Mr. Wright and a copy to me.
Please accept my thanks to you and your staff for your aid in
resolving this problem. You have been very kind and very helpful,
_ Sincerely,
010
.0 g�w �Cuis
IM IUJ
DEC G 9 1942
DE I1
01 # ?9050�
Robert E. Furr
P.O. Box 3453
Wi lmington,N. C.
28406-3453
Phone :[phone]

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KURE BY THE SEA, LIMITED PARTNERSHIP
535 THE CAPE BLVD.
WILMINGTON, N.C. 28412
NOVEMBER 20, 1992
m
MEMORANDUM
TO: OWNERS OF LOT NS 24,27,29,37,38,67
KURE BY THE SEA
FROM: THOMAS D. WRIGHT �—
GENERAL PARTNER
RE: IMPERVIOUS COVERAGES
N.C.D.E.M.
RECEIVE'
NOV 23 1992
Wilmington RegiO4 &ice'
DEM
I AM ENCLOSING DOCUMENTS RELATING TO THE TRANSFER OF IMPER—
VIOUS COVERAGE FROM THE GAZEBO LOT (Pt18) TO LOTS CITED BY THE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL HEALTH AND NATURAL RE—
SOURCES. WITH THE RECORDING OF THESE DOCUMENTS IT IS MY UNDER—
STANDING THAT THE FOLLOWING IS THE CURRENT STATUS OF THE LOTS IN
QUESTION.
LOT
24
— REMOVE
BACK PORCH SLAB FOR FULL COMPLIANCE
LOT
27
— REMOVE
PART OF DRIVEWAY FOR FULL COMPLIANCE
LOT
29
— ACTION
CONTEMPLATED IS UNKNOWN
LOT
37
— REMOVE
PART OF DRIVEWAY FDA FULL COMPLIANCE
LOT
38
— IN FULL
COMPLIANCE
LOT
57 —
IN FULL
COMPLIANCE
PLEASE ADVISE ME WHEN YOU HAVE COMPLETED WORK REQUIRED FOR
FULL COMPLIANCE WITH RESTRICTIONS_.
THANK YOU VERY MUCH INDEED FOR YOUR COOPERATION IN THIS MAT—
TER.
R
A
�0
sTER-
ENCLOSURE
E C E I d
� V
NOV 3 0.1992
D E M
of # 890 56 7

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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey Jr., Secretary October 27, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Thomas D. Wright, President
Kure by the Sea Partnership
535 Cape Boulevard
Wilmington, North Carolina 28403
Subject: Notice of Violation Follow-up
Stormwater Project No.890508
Kure by the Sea
New Hanover County
Dear Mr. Wright:
The following information references the status of the
Notice of Violation issued to you for Kure by the Sea on
September 3, 1992 and October 2, 1992, regarding excess built
upon area on lots numbered 19, 20, 24, 27, 29, 37, 38, and 67.
Lots numbered 19 and 20 are considered by this Office to
have complied with a buildable allowance of 30% per lot. Surveys
and existing built upon square footage (of lots 19 and 20) have
been provided to this Office. Lot 67 may be considered in a
compliance status per receipt of revised restrictive covenants
which incorporate the gazebo lot (lot number 18) thus allocating
additional built upon square footage for lot 67.
The following is this Office's understanding of our
telephone conversation which took place on October 22, 1992:
Lot 24: following revised restrictive covenants incorporating
the gazebo lot (number 18), lot 24 remains in violation
of allowable built upon square footage by approximately
75 sf. The actual built upon area on this lot must be
reduced by approximately 75 sf. Options to meet
restrictive requirements by other means will be
considered by this Office.
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

1Z
Mr. Wright
October 27, 1992
Stormwater Project No.890508
------------------------------
Lot 29: is not attempting to meet buildable area restrictive
requirements. What is the action which you are taking
to effect this?
Lot 27 and 37:
following revised restrictive covenants incorporating
the gazebo lot (number 18), these lot owners have
agreed to remove concrete driveways and replace with
narrow strip pavers. The strip pavers are considered
by this Office as built upon material and thus will
need to be included as such upon a new survey of built
upon area.
Lot 38: following revised restrictive covenants incorporating
the gazebo lot (number 18) this lot will meet the
revised buildable allowance.
Please note, revised Deed Restrictions and documentation
(i.e surveys, etc.) remains needed for lots numbered 24, 27, 29.
37, 38, and 67. This information and your assessment of action
to be taken to obtain compliance for Lot 29 must be received by
this Office by November 6, 1992.
If you have any questions concerning this matter, please call
Ms. Alexis Finn, Ms. Linda Lewis, or Mr. Dave Adkins at (919)
395-3900.
Sincerlaly,
Ms. Alexis Finn
Environmental Engineer
DA/aif:890508.UP
cc: Alan E. Toll, of Stevens, McGhee, Morgan, Lennon & O'Quinn
Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna , Kure Beach Building Inspections
Sky Conklin, New Hanover County Building Inspections
Alexis Finn (2)
Central Files

MEMO
wN
-�/ L.eT S o c% Rs- 1l
r
DATE: --
SUBJECT:
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North Carolina Department of Environment,
�
Health and Natural Resources
Quue

RECEIVED
OCT 19 1992
Wilmington Regional Oiflag
DEM
10 114/92
LINDA LEWIS
STATE OF NORTH CAROLINA
DEPT. OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
127 CARDINAL DR. EXTENSION
WILMINGTON, NC 281105-3845
SUBJECT: COMPLIANCE TO
REVISED RESTRICTIONS
FOR BUILT UPON AREA.
LOT 67 KURE BY THE SEA
DEAR MS. LEWIS:
THIS LETTER IS TO CONFIRM OUR UNDERSTANDING REACHED AT
OUR MEETING IN YOUR OFFICE ON 10/1LI/92.
UPON REVISION OF THE RESTRICTIVE COVENANTS TO ALLOW
THE BUILT UPON AREA OF LOT 67 TO BE INCREASED TO
APPROXIMATELY 2100 SQ.FT.
MY DEMONSTRATION OF THE BUILT UPON AREA OF 20116 SQ.FT.
FOR LOT 67 MEETS THIS RESTRICTION.
I HAVE ATTACHED COPIES OF THE CALCULATIONS I SUBMITTED
TO YOU AT THIS MEETING, AND A COPY OF THE SURVEY OF THE
PROPERTY.
IF THIS IS INCORRECT PLEASE ADVISE.
S I N C�i Y
WILLIAM P. DAUBE
P.O. BOX 597
218 SEA LANE WAY
KURE BEACH, NC 29I1119
�JUIAMW
AIaER
CC. THOMAS WRIGHT, KURE BY THE SEA , I E C 2 I 15 15
UU �.
OCT 2 0 1992
D E M
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October 8, 1992
Mr. Thomas D. Aright
General Partner
Kure by the Sea, Ltd. Partnership
535 The Cape Boulevard
Wilmington, North Carolina 28412
OrT 1 f 409
Re: Lot #20
822 N. Ft. Fisher Bv.
Kure Beach, NC 28449
Dear Mr. Wright:
Please find enclosed a copy of a survey of Lot #20, Kure
by the Sea, dated 10-5--92 by Mr. Jack G. Stocks, NC Pfg.#L856.
Please note that the survey indicates that the total area of
Lot #20 is 9292 sq. ft., and the impervious area is 2347 sq.
ft. These figures indicate that Lot #20 is, therefore, in
compliance with the covenants, conditions and restrictions as
they apply to the covenant, restricting the covered area of
said lot to 30% of the gross square fo6tage of said lot.
I have provided Ms. Linda Lewis of the Department of En-
vironment, Health & Natural Resources with a copy of this sur-
vey. Ms. Lewis has indicated that this survey appears to place
Lot #20 in compliance with the stormwater regulation.>number
890508 at this time..
If you have any questions, please feel free to contact me at
458-6085.
Sincerely,
V
Robert C. Beaudry
RCB:lnb
Ac:nclosure; copy survey
Ms.. Linda Lewis
Dept. Env. , Health , & Nat. Fes.

JACK G. STOCKS
REG17TE00) VANO &VRV'ZVOR
ERIC J. MATZQ
REGISTERCO CMGINCCR
STOCKS AND MATZKE
SURVEYING 0 CN6INEERING
211 NORTH SM STREET
WILMINGTON, NORTH GAROUNA 26401
PHONE: [phone]
#762-5772
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State of North Carolina
Department of lrnvironment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobg6 Jr., Secretary October 2, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
DELIVERED VIA FACSIMILE
Mr. Thomas D. Wright, President
Kure by the Sea Partnership
535 Cape Boulevard
Wilmington, North Carolina 28403
Subject: Notice of Viclat3.nn
Stormwater Project No.890508
Kure by the Sea
New Hanover County
Dear Mr. Wright:
On September 3, 1992, a Notice of Violations was issued to
you regarding density compliance issues at Kure by the Sea,
located in New Hanover County at Kure Beach, North Carolina.
The Notice failed to include lot 67 in Phase IIA. The
existing built upon square footage as reported by the project
engineer, Mr. Carl Farmer of Henry Von Oesen and Associates, for
this lot is as follows:
Existing Built Upon Area Allowable Excess
Phase IIA
Lot 67 2500 sf 1686 sf 814 sf
This Office has received information that the respective
owners of lots 19 and 37 have found a solution for their "excess"
of built upon area. Upon the owners demonstration that the built
upon area does not exceed that allowed by the Certification of
Stormwater Approval, this Office will consider them as being in a
compliance status.
-continued-
127 Cardinal Drive Extension, Wilmington, NiC. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

4
Mr. Wright
October 2, 1992
Stormwater Project No.890508
------------------------------
If you have any questions concerning this matter, please call
Ms. Alexis Finn or Mr. Dave Adkins at [phone].
Sincerely,
Dave Adkins
Regional Water Quality Supervisor
DA/aif:890508.00T
cc: Alan E. Toll, of Stevens, McGhee, Morgan, Lennon & O'Quinn
Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna , Kure Beach Building Inspections
Sky Conklin, New Hanover County Building Inspections
Alexis Finn (2)
Central Files

JOHN A. STEVENS (1895-1990)
KARL W. MCGHEE (1923-1981)
RICHARD M. MORGAN
ALTON Y. LENNON
ROBERT A. O'OUINN
ALAN E. TOLL
JANET R. COLEMAN
LAW OFFICES
STEVENS, McGHEE, Moi3GAN, LENNON & O'QUINN
FOURTH FLOOR. WACHOVIA BANK BUILDING
POST OFFICE DRAWER 59
WILMINGTON, NORTH CAROLINA
TELEPHONE
28402
[phone]
IN
FACSIMILE
[phone]
September 30, 1992
N
Mr. Thomas D. Wright, President
Kure By The Sea Partnership
535 Cape Boulevard
Wilmington, NC 28403
Re: Lot 19, Kure By The Sea, Phase IA.
Lynn C. Masterson
Dear Mr. Wright:
Pursuant to a copy of a letter received by Mrs. Lynn C.
Masterson, I enclose herein a copy of a Quitclaim Deed and survey
by Jack G. Stocks, which shows that the property and improvements
thereon owned by Lynn C. Masterson at .Lot 19, Phase 1.A, Kure By
The Sea are in compliance with the percentages allowed in the
restrictive covenants. According to the survey by Mr. Stocks,
the impervious area represents only 28.6.0 percent of the total
area of the lot. Mrs. Masterson is in compliance with both the
restrictions and the requirement of the Division of Environmental
Management of the State of North Carolina.
With kind regards,
Very truly yours,
STF S, MCGHRE, MORS,. , LENNON & O'QUINN
QpanR. Tol
AET/j a
Encls .
cc: Rick S. Shiver, Division of Environmental Management
Alexis Finn
Carl H. Farmer, Jr., Henry Von Oesen & Assoc. 15 15 y
Bill Hanna, Kure Beach Building Inspector
Sky Conklin, New Hanover County Building Inspecto
®CT 1 1992
Lynn C. Masterson
Allen L. Masterson Q E M

1622 2056
RECORDED & VERIFIED
REBECCA T. CHRIS T IAN
Drawn By: Alan E. Toll, Attorney at Law, W 'F1 fPOF ft'CtDS
STATE OF NORTH CAROLINA NEW HANOVER CO. NC,
COUNTY OF NEW HANOVER -P.32 SEP 20 PM 4 .17
THIS DEED, made and entered into this S 0 A-k day of
SCP}gym bed _, 1992, by and between ALLEN L. MASTERSON of New
Hanover County, North Carolina, party of the first part; and LYNN
C. MASTERSON, whose mailing address is ? C) &\/ 1 5(� 11 V f e,
party of the second part;
W I T N E S S E T H:
WHEREAS, by the hand of God and the evolution of Nature,
accretion has occurred on the High 'plater Mark of the property
hereafter described; and
WHEREAS, Nature has acted by depositing in a gradual process
solid material of sand in such a manner as to add 12 feet to the
High Water Line of Lot 19, Phase I, Kure By The Sea; and
WHEREAS, Jack G. Stocks, North Carolina Registered Land
Surveyor, NC Registration No. L-856, did the original survey of
Phase I, Kure By The Sea, which was recorded in Map Book 29 Page
151, of the New Hanover County Registry; and
WHEREAS, Jack G. Stocks has completed a new survey for said
Allen L. Masterson dated September 22, 1992, showing an
additional 600 square feet of land between the Mean High Water
Line and the former boundary line of Lot 19, Phase I, Kure By The
Sea; and
WHEREAS, Allen L. Masterson is desirous of having Lynn C.
Masterson be acknowledged on the public records as being the.
owner in fee simple of said additional 12 feet by 50 feet of land
to which she is entitled by the laws of man in this state;
NOW WHEREFORE WITNESSETH, that the party of the first part, in
consideration of the sum of ONE ($1.00) DOLLAR and other good and
valuable considerations to him in hand paid by the party of the
second part, the receipt of which is hereby acknowledged, has
remised, released, and forever quitclaimed, and by these presents
does remise, release, and forever quitclaim unto the said party
of the second part, her heirs and assigns, all of his r�ight,�,
Rcel,
��
title and interest in and to that certain tract, or lot U
NO REVENI j MP192
®� 02,1�' OEM
RETURNED To Ste v - s ' I I.c CA e P , 'e ( 0.

I v L 4 r v y 1
of land in New Hanover County, North Carolina, bounded and
described as follows, to -wit:
BEGINNING at the Northeastern corner of Lot 19, Phase 1,
Kure By the Sea, as shown on map of same and being recorded
in Map Book 29, at Page 151 of the New Hanover County;
Registry. Running thence South 69 degrees 27 minutes East
12.00 feet to a point in the Mean High Water Line. Running
thence with the Mean High Water Line South 20 degrees 29
minutes West 50.00 feet to a point. Running thence North 69
degrees 27 minutes West 12.00 feet to the Southeast corner
of Lot 19. Running thence with the Southeast line of Lot
19 North 20 degrees 29 minutes East 50.00 feet to the point
of beginning.
The same being all of Tract #2 as shown on the survey by
Jack G. Stocks, dated September 22, 1992, attached hereto as
Exhibit "A" and hereby incorporated within as if fully set
out, which said survey shows the TOTAL AREA as 9,293 sq. ft.
and the IMPERVIOUS AREA as 2652 sq. ft., the IMPERVIOUS AREA
being 28.6300% of the total area.
Together with all and singular the lands, tenements,
easements, and appurtenances thereunto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD all of the right, title and interest of
the party of the first part in and -10 the aforesaid -tract or
parcel of land and all privileges and appurtenances thereunto
belonging or in anywise appertaining, to her, the said party of
the second part, her heirs and assigns, free and discharged from
all rights, title, claim or interest of the said party of the
first part or anyone claiming by, through or under him forever.
IN WITNESS WHEREOF, the said party of the first part has
caused this deed to be signed in his name on the day and year
first above written.
ALLEN L. MASTERSON
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I. :TU(QE. An)nt-tZS aN) , a Notary Public of the
aforresaid state and county, do hereby certify that ALLEN L.
MASTERSON personally appeared before me this day and acknowledged
the due .exec,..ut on of the foregoing instrument.
s"my hand and notarial seal, this the 3 Q +k day
o,' :'
11 r , .„ , 1992.
1��,
I&tary Public
;,
a' :,
I
STATE OF NORTH CAROLINA
New Hanover County
T} "oregoing/hexed Certificate(s) of
Notary (lqo-laffifesr Public is/ase`eertified
to be correct. (�
This the day of — 1g la
Rebecca
Tu r Register of Deeds
°� �i�.l..cn`cz.l
By Q-:`�,_y

EXHIBIT A
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LOT SECTION. SUBDIVISION.... — -----------
TOWNSHIP NEW HANOVER CO. Pi. C.
SCALE --
"JACK G. STOCXS

KURE BY THE SEA LIMITED PARTNERSHIP
535 THE CAPE BLVD.
WILMINGTON, N.C. 28412
PHONE: [phone]
September 18, 1992
RECEIVED.
SEP 21 1992
Wilmington Regional Off=
DEM
Mr. & Mrs. Robert Beaudry (Lot 20) Mr. Lynn Masterson (Lot 19)
Mr. & Mrs. P.M. Williams (Lot 38) Mr. Kurney Ramsey (Lot 25)
Mr. & Mrs. Robert Furr (Lot 37) Mr./Mrs. Joseph Jacobs (Lot27)
Mr. & Mrs. Neal Meissner (Lot 29)
Dear Lot Owner,
I have enclosed for your review a copy of a letter I received
from the Division of Environmental Management of the State of
North Carolina dated September 3, 1992. I have also enclosed a
copy of the particular restrictive covenant referred to in the
letter and I have hi -lighted the applicable language in the re-
strictive covenants for Kure by the Sea, which have been violated
by the extent of building activities on your lot.
The State is requiring that we adopt a plan of action to per-
manently correct the violations prior to September 25, 1992.
There are several alternatives available to correct this
situation.
The first alternative would involve the removal or redesign
of the concrete driveways to reduce the amount of paved surface,
in some cases this would be insufficient.
The second alternative would be to increase the size of the
lot. According to the enforcement personnel it is not necessary
for our purposes that the additional land acquired to increase the
size of your lot be adjacent to or contiguous to your lot.
The second alternative may prove to be the best approach and
to that end I have been authorized to make the following offer:
(i) The allowable building area currently allocated to the
Gazebo Lot (Lot 18) would be transferred to and allocated prorata
among the 69 lots in the subdivision West of US Hwy 421, which be-
longs to the homeowners association.
(ii) I will transfer additional square footage from each of
the unsold lots (53) to the five (5) lots on the West side of US
Hwy 421 that will give those lots an increase of 441 square feet
each. This will give each of those lots a coverage area of 2127
square feet.

Page 2
If the above is done the excess will be as follows:
Existing
Allowable
Excess
Lot
19
3164
sq.
ft.
2610
sq.
ft.
554
sq.
ft.
*Lot
20
3528
sq.
ft.
2610
sq.
ft.
918
sq.
ft.
Lot
25
2560
sq.
ft.
2127
sq.
ft.
433
sq.
ft.
Lot
27
2395
sq-
f t _
2127
sq-
f t .
268
sq.
f t .
Lot
29
3067
sq.
f t .
2127
sq.
f t .
940
sq.
f t .
Lot
37
3283
sq.
f t .
2127
sq-
f t .
1156
sq.
f t .
Lot
38
2145
sq.
ft_
2127
sq.
ft.
18
sq.
ft.
To remedy the above violations, I propose that the three low-
est priced lots in the subdivision be discounted and sold to the
above lot owners to provide the additional land in the subdivision
to bring the above lots into compliance with State Regulations.
If this is done, the cost to bring each lot into full compli-
ance would be as follows:
Excess Sq. Ft,
Pro -rated Costs
Lot
19
554
$9,563
*Lot
20
918
15,846
Lot
25
433
7,474
Lot
27
268
4,626
Lot
29
940
16,226
Lot
37
1156
19,954
Lot
38
18
311
The above prices reflect an approximate 20% discount from the
existing price list for the three lots in question. The above
costs could be reduced significantly if this plan were paired with
a plan to remove a significant portion of the concrete parking and
driveway (paved) portion of the offending lots.
There are other alternatives including litigation which need
to be discussed and explored thoroughly. I would like to have the
opportunity to meet with all of you as soon as possible to discuss
and plan the best way for us to deal with this problem.

page 3
I suggest that we meet at the clubhouse at The Cape Golf &
Racquet Club at 2 P.M. on October 3, 1992, to plan our course of
action. I would appreciate it if you would confirm your willing-
ness and ability to meet at that time and place.
With kind regards, I am
Sincerely yours,
V
Thomas right
Kure By Th Sea
General Partner
Enclosures
cc; Rick S. Shiver, Division of Environmental Management
Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna, Kure Beach Building Inspector
Sky Conklin, New Hanover County Building Inspector
* Changed by the Division of Environmental Management after letter
of September 3, 1992.

f
State of North Carolina
Department of lrn. vironment, Health, and Nate al Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary September 3, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL # P379 272 694
RETURN RECEIPT REQUESTED
Mr. Thomas D. Wright, President
Kure by the Sea Partnership
535 Cape Boulevard
Wilmington, North Carolina 28403
Subject: Notice of Violation
Stormwater Project No.890508
Kure by the Sea, Phase 1 & lA
Dear Mr: Wright:
New Hanover County
_
On June 21, 1989, a Certification of Compliance with
Stormwater Regulations, Number 890508, was issued to you for Kure
by the Sea, Phase 1, located in New Hanover County at Kure Beach,
North Carolina. That Certification was based in part on
restrictive covenants which limited the build upon area within
the project.
On March 6, 1992, an on -site inspection was conducted at
Kure by the Sea in response to a report that density restrictions
had been exceeded on all lots built as of April 24, 1992. The
actual built upon square footage as reported by the project
engineer, Mr. Carl Farmer of Henry Von Oesen and Associates, is
as follows:
Existing Built U-pon Area Allowable Excess
PHASE IA
Lot
19
3164
sf
2610
sf
554
sf
Lot
20
4748
sf
2610
sf
2138
sf
PHASE I
Lot
25
2560
sf
1686
sf
874
sf
Lot
27
2395
sf
1686
sf
709
sf
Lot
29
3067
sf
1686
sf
1381
sf
Lot
37
3283
sf
1686
sf
1597
sf
Lot
38
2145
sf
1686
sf
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax.[phone]
An Equal Opportunity Affirmative Action Employer

Mr. Wright
September 3, 1992
Stormwater Project No.890508
------------------------------
Options which would result in Kure by the Sea being returned to
compliance with the Division of Environmental Management's
Stormwater Regulations were also discussed during the meeting.
This letter is written in response to the on -going nature of
these violations. Failure to provide a plan of action or
permanently correct the violations prior to September 25, 1992
will result in initiation of appropriate enforcement action by
this Office. The action may include a recommendation that the
Stormwater Certification be revoked and.a recommendation for the
assessment of civil penalties.
If you have any questions concerning this matter, please call
Ms. Alexis Finn or Mr. Dave Adkins at [phone].
Sincerely,
f IZ � • C tG- S l-� t' � f t-
Rick S. Shiver
Acting Regional Supervisor
APH/aif:890508.AUG
cc: Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna , Kure Beach Building Inspections
Sky Conklin, New Hanover County Building Inspections
Alexis Finn (2)
Central Files

PAGE 3
1451 13,17
specifications, exterior colors and finishes, including brick
siding, etc., site and landscaping plans (showing the proposed
location, height and orientation of such building or structure,
drives, parking areas and.. proposed alterations to the grade,
elevation or physical characteristics of the site), and
construction schedule shall have been approved in writing by the
Company. Refusal of approval of any such plans, location or
specifications may be' based by the Company upon any grounds
including purely aesthetic and environmental considerations, that
in the sole and uncontrolled discretion 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 alterations in the exterior appearance
of any building or structure, or in the grade, elevation, or
physical characteristics of any lot shall be made without like
approval by the Company. One (1) copy of all plans and related
data shall be furnished to the Company for its records. The
Company shall not be responsible for any structural or other
defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
No more than 1686 square feet of any lot shall be covered by
structures and/or paved surfaces, including walkways or patios of
brick, stone, slate or similar materials. This covenant is
intended to insure continued compliance with stormwater runoff
rules adopted by the State of North Carolina and therefore this
provision may be enforced by the State of North Carolina through
its duly authorized agencies.
5. 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 1200
square feet.
(b) KURE BY THE SEA 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
91
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,

ZD
RECEIVED
J
i452 I CI
PAGE 3
_._....._ ._ ...-SEP 21. _.1992 - .
Wilmington Regional Office
DEM
specifications, exterior colors and finishes, including brick
siding, etc., site and landscaping plans (showing the proposed
location, height and orientation of such building or structure,
drives, parking areas and proposed alterations to the grade,
elevation or physical characteristics of the site), and
construction schedule shall have been approved in writing by the
Company. Refusal of approval of any such plans, location or
specifications may be based by the Company upon any grounds
including purely aesthetic and environmental considerations, that
in the sole and uncontrolled discretion 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 alterations in the exterior appearance
of any building or structure, or in the grade, elevation, or
physical characteristics of any lot shall be made without like
approval by the Company. One (1) copy of all plans and related
data shall be furnished to the Company for its records. The
Company shall not be responsible for any structural or other
defects in plans or specifications submitted to it or in any
structure erected according to such plans and specifications.
No more than 30% of the square footage of any lot shall be
covered by structures and/or paved surfaces, including walkways or
patios of brick, stone, slate or similar materials. This covenant
is intended to insure continued compliance with stormwater runoff
rules adopted by the State of North Carolina and therefore
this provision may be enforced by the State of North Carolina
through its duly authorized agencies.
5. 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 1350
square feet.
(b) KURE BY THE SEA 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,

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SEP 17 '92 09:00 WILMINGTON N.C.
P.2/2
S"eD
gear
1 have enclosed for your review a copy of a letter I re-
ceived from the Division of Environmental Management of the State
of North Carolina dated September 3, 1992,.I have also enclosed
a copy of the particular restrictive covenant referred to in the
letter and I have hi -lighted the applicable language in the
restrictive covenants for Kure by the Sea, which have been
violated by the extent of building activities on your lot.
The State it requiring that we adopt a plan of action to
permanently correct the violations prier to September 25, 1992.
There are several alternatives available to correct this
situation.
The first alternative would involve the removal or redesign
of the ccngrete driveways to reduce the amount of paved surface.
The second alternative would be to increase the size of the
lot. According to the enforcement personnel it is not necessary
for our purposes that the additional Land acquired to increase
the size of your lot be adjacent to or contiguous to your lot.
The second alternative may prove to be the best: approach and
to that end I have been authorized to make the following offer:
(i) The allowable building area currently allocated to the
Gazebo Lot (trot 18) would be transferred to and allocated pro-
rata among the 69 lots in the subdivision West of US #421.
(ii) I will transfer additional square footage fro-n each of
the unsold lots (53) to the five (5) lots on the West side of US
#421 that will give those lots an increase of 441 square feet
each. This will give each of those lots a coverage area of 2127
square feet.
If the above is done the excess will be as follows:
Existing
Allowable
Excess
Lot
19
3164
sq.
ft.
2610.
sq.
ft.
554
sq.
ft.
Lot
203s`Ze
sq.
ft.
2610
sq.
ft.
9l$ 919
sq.
ft.
Lot
25
2560
sq.
ft.
2127
sq.
ft.
433
sq.
ft.
Lot
27
23.95
sq.
ft.
2127.sq.
ft.
268
sq.
ft.
Lot
29
3067
Sq.
ft.
2127
sq.
ft.
940
sq.
ft.
Lot
37
3283
sq.
ft.
2127
sq.
ft.
1156
sq.
ft.
Lot
38
21.45
sq.
ft.
2127
sq.
ft.
1.8
sq.
ft.
To remedy the above. violations, I propose that the four
lowest priced lots in the subdivision be discounted and sold to
the above lot owners to provide the additional land in the
subdivision to bring the above lots into compliance with State
Regulations.

Rage 2
If this is done, the cost to bring each lot into full
compliance would be as follows:
Excess Sq. fit,
Pro -rated Costs
Lot
19
554
$ 10,060
Lot
20
Q 3-& `i 18
$ 44'Q n1ap)
Lot
25
433
$ 7, 863 tZ CAc,CviA1'
Lot
27
268
/ILIL
Lot
29
940
$ 17,069
Lot
37
1156
$ 20;991
Lot
38
18
$ 327
The above prices reflect an approximate 20% discount from
the existing price list for the four lots in question. The above
costs could be reduced significantly if this plan were paired
with a plan to remove a significant portion of the concrete
parking and driveway (paved) portion of the offending lots.
There are other alternatives including litigation which need
to be discussed and explored thoroughly. X would like. to have
the opportunity to meet with all of you as soon as possible to
discuss and plan the best way for us to deal with this problem.
I suggest that we meet at the clubhouse at the Cape Golf
Racquet Club at _
course of action.
your willingness
on ootober 3, 19921 to plan our
I would appreciate it if you would confirm
and ability to meet at that time and place.
With bind regards, I am
sincerely yours,
Thomas A. Wright
Enclosure
cc: Rick S. Shiver, Division of Environmental Management
Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna, Kure Beach Building Inspector
Sky Conklin, New Hanover County Building Inspector.
and

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Vr.r�e+a.n.
• Complete items 1 and/or 2 for additional services.
I also wish to receive the
• Complete items 3, and 4a & b.
• Print your name and address on the reverse of this form so that we can
following services (for an extra
return this card to you.
re2):
• Attach this form to the front of the mailpiece, or on the back if space
does not permit.
1. ❑ Addressee's Address
• Write "Return Receipt Requested" on the mailpiece below the article
• The
number.
2. ❑ Restricted Delivery
Return Receipt Fee will provide you the signature of the person
delivers
to and the date of delivery.
Consult postmaster for fee.
3. Article Addressed to:
4a. Article Number
Mr. Thomas D. Wright,Pres
P.279-272-694
by the Sea Partnership
4b. Service Type
535 Cape Boulevard
❑ Registered ❑ Insured
Wilmington, NC 28403
Z Certified ❑ COD
❑ Express Mail ❑ Return Receipt for
Merchandise
i, %fir
7 iffate of Delivery
; ( — ✓' .FG ,
R. Signatur.9 `(Addressee I !`
S. Addressee's Address (Only if requested
�<
and fee is paid)
6.
PS
(Agent)
, November l U90 U.S. GPO: 1991-287.066 DOMESTIC RETURN RECEIPT
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P 379 272 694
Receipt for
Certified Mail
No Insurance Coverage Provided
os Do not use for International Mail
(See Reverse)
Sent to
Mr. Thomas Wri ht Pre
EKed1mtNpby the Sea Partn
State an ode
Wilmington, NC 28403
Postage
yl
$
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL Postage
& Fees
is
Postmark or Date
r

e
W''m1n n mati � State of North Carolina DEM
Department of: Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary September 3, 1992
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL # P379 272 694
RETURN RECEIPT REQUESTED
Mr. Thomas D. Wright, President
Kure by the Sea Partnership
535 Cape Boulevard
Wilmington, North Carolina 28403
Dear Mr. Wright:
Bob Jamieson
Regional Manager
Subject: Notice of Violation
Stormwater Project No.890508
Kure by the Sea, Phase 1 & lA
New Hanover County
On June 21, 1989, a Certification of Compliance with
Stormwater Regulations, Number 890508, was issued to you for Kure
by the Sea, Phase 1, located in New Hanover County at Kure Beach,
North Carolina. That Certification was based in part on
restrictive covenants which limited the build upon area within
the project.
On March 6, 1992, an on -site inspection was conducted at
Kure by the Sea in response to a report that density restrictions
had. been exceeded on all lots built as of April 24, 1992. The
actual built.upon square footage as reported by the project
engineer, Mr. Carl Farmer of Henry Von Oesen and Associates, is
as follows:
PHASE IA
Lot 19
Lot 20
PHASE I y,l
T��7
Lot 27
Lot 29
Lot 37
Lot 38
Existing Built Upon Area
3164 sf
sf
2560 of
2395 sf
3067 of
3283 sf
2145 sf
250o S-(
-continued-
Allowable Excess
2610
sf
554
sf.
2610
sf
2P4
sf
g11T
1686
sf
874
sf
1686
sf
709
sf
1686
sf
1381
sf
1686
sf
1597
sf
1686
sf
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Wright
September 3, 1992
Stormwater Project No.890508
------------------------------
Options which would result in Kure by the Sea being returned to
compliance with the Division of Environmental Management's
Stormwater Regulations were also discussed during the meeting.
This letter is written in response to the on -going nature of
these violations. Failure to provide a plan of action or
permanently correct the violations prior to September 25, 1992
will result in initiation of appropriate enforcement action by
this Office. The action may include a recommendation that the
Stormwater Certification be revoked and a recommendation for the
assessment of civil penalties.
If you have any questions concerning this matter, please call
Ms. Alexis Finn or Mr. Dave Adkins at [phone].
Sincerely,
1" _ C ` C- V" S t--1 1' V 4C1—
Rick S. Shiver
Acting Regional Supervisor
APH/aif:890508.AUG
cc: Carl H. Farmer, Jr., P.E., Henry Von Oesen & Associates
Bill Hanna , Kure Beach Building Inspections
Sky Conklin, New Hanover County Building Inspections
Alexis Finn (2 )
Central Files

MEMO
DATE: G 1
r-
T®: f SUBJECT:
C'r�s �� r C �� �hf1 I y i y'T�
�.
r ara r Z ►k
��,12. Fite
7'j- 1 Q
rt?�j { DRi 11 C&-rr.
cc'or
�= North Carolina Department of Environment,
� - p
Health and Natural Resources

HENRY VON OESEN AND ASSOCIATES
CONSULTING ENGINEERS Telephone [phone]
AND PLANNERS Fax [phone]
805 NORTH THIRD STREET P.O. DRAWER
April 24, 1992
Mr. Paul Rawls
NCDEM
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Kure By The Sea
Limited Partnership
Kure Beach, NC
Dear Mr. Rawls:
WILMINGTON, NORTH CAROLINA 28402
On behalf of the General Partner, Mr. Thomas D. Wright, we have reviewed
the density requirement status of the above subdivision in order to bring the
project into compliance. The following information is provid-.d:
I. Phase 1A (Oceanfront Lots)
A. Adjusted area of Lots 14, 15, 16, 17, 19, 20, and 21 is 60,898 s.f. ✓
allowable.
B. Allowable built -upon area = 18,269.40 s.f. or 2,610 s.f. per lot. ✓
C. Breakdown of built -upon area (see Attachment No. 1) of lots 19 and
20 indicate that these two owners need to reduce driveways by 277 s.f.
and 459.5 s.f., respectively.
D. Copy of recorded covenant is attached for these lots.
II. Phases I and IIA
A. The calculated allowance for Phase I was 11,686 s.f.
B. Taking the entire tract (Phases I, IIA, IIB, and III plus Lot 18
(common area for these phases)) gives a total of 521,720 s.f.
C. The allowable built -upon area=156,516 s.f. Subtracting streets
constructed and proposed = 108,280 s.f. This gives an adjusted
built -upon area of 1,569 s.f/lot for 69 lots.
D. The detailed breakdown of the individual lots which have been built
on in Phases I and IIA is shown on Attachment This breakdown
shows all owners have over -built from the "Coed covenant amount.

Mr. Paul Rawls
Kure By The Sea
April 24, 1992
Page 2
E. Kure By The Sea Limited Partnership are developers of the lots only.
The individual lot owner built the houses which are not in compliance
with the recorded covenants.
Mr. Wright suggests the following steps to bring Phases I and IIA into
compliance:
1. Require each of the owners who have over -built to install an engineered
infiltration system to handle the excess built -upon area.
2. Set out an adjusted built -upon area of 1,569 s.f./lot for the remaining lots
which have not been built on. Record an addendum to the restrictive
covenant for this and inform owners of sold lots.
3. If the approach of Item 1 is not acceptable, require the owners to reduce
the amount of built -upon area, mainly by reducing concrete drives to drive
strips or as an alternative, provide "deck style" timber drives or walkways.
We will follow-up with a revised application for Phases I and IIA together
upon your response.
Respectfully submitted,
HENRY VON OESEN AND ASSOCIATES, INC.
Carl H. Farmer, Jr., P. E.
Enc.
cc: Mr. Thomas D. Wright
dsb
-RECEi" E-
APR
is

DA!7-
DESIGN SHEET
HENRY VON OESEN &ASSOCIATES
Wiimi�g 9 g North Carolina4- C ( ton, Consultin En ineers of
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MAR 1112, '92 10:23 TO 9193502004 FROM H. I ION OESEH ASSOC. T-363 P. 01
HENRY VON (DESE'N AND ASSOCIATEES
GCIIISULTiNC ENGINEERS
et'e�;hone 17r-;.3-01 41
AND PLANNERS Fax. �919) -763-4186
80� NOP'.1-i ', HSO STREET P 0 DRAWER 21)87 N�!..PTH "AR.C.)LINA '8402
FA
��CSIMILE TRANSMITTAL
Date- --3 . /,! --!�L� -Z
To: L7/ UJ of', i�N LIZ
Attention; u L
F�rom:
Number of Pages (including this transmittal),
Comments:
Fax irquminer: 55-c> — Zv -?,I " 6.
HvO&A Project No.: ­2

10
MAP '92 10:27 TO 913-:'502004 FROH ',SON OESEN ASSOC. T--363 P. 02
ki
HENRY VON OPL'...',,; AND ASSOCIATES
C, 0NSULT1NG E NG! N ELPS
1 ('910) 763-0141
AND FLANW-RS Fax [phone]
ikli"'Ill �C-P ll-;0Pl 1-4 CAROX INA 28402
HIF;,L) STPE,-' P.0 CHAkilli'Er! 208-VVIL
,March 12, 1992
Ky.. Paill
Div. of Management
tL (", Of.-pt. ru.f ft.vironmont,
H-cilth anid Nat Ural Resourl-es
127 CclL-dlTl<-ll DriVe Fxter-IFion
w,�
N(' 26405-11345
R,t Kure liv -11'rie Sea
Wux,e Beach, N.
leal
Thi� !� to confiri.i our meeti:ag of' Marct- 6, 19921 w4ii,-
of -Llit= Gehl-lopment, concer,"I'lay stolmwdtt,,:'
Because of appare;rit over-builldin,`,
,,b-lilt-upon area" of several 14ts, a p1dr, i(ium -ho?
44r. Wriaht to bring the project back into cofnpliancc,-,.
vle wi` keep vc,-u add-sed of the sratun c)f
Sincerely yours,
HENRY VON OESEN AND ASSOCli%TES, INC.
CA, i I H. Fa rrne,r J v P .2.