SW8960518_Historical File_20040521

�QI v)� n f 94 . Mhchaei -F. Easiey, Governor
\Q G William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural §esources
3 y Alan W. Klimek P.E.,Director
o Division of�lVaterQuality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 21, 2004
Beachwalk Homeowners Association, Inc. -
c/o Mr. Richard Camilletti, President
129 Settlers Lane
Kure Beach, NC 28449
Subject: Stormwater Permit No. SW8 960618
Beachwalk Subdivision
High Density Subdivision Project
New Hanover County
Dear Mr. Camilletti:
The Wilmington Regional Office received a complete request to transfer the Stormwater
Management Permit for Beachwalk Subdivision on May 13, 2004. Staff review of the
completed request, the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 960518, dated May 21, 2004, for the
construction of the project, Beachwalk Subdivision.
This permit shall be effective from the date of issuance until May 21, 2014, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:IWQSISTORMWA-RPERMIT1960518.may04
cc: David S. Hollis, P.E., Hanover Design Services
Town of Kure Beach, Building Inspections
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Linda Lewis
Wilmington Regional Office
Central Files
N. r- D-Msion of Water Q, I' , 27 M n ti n 21!t' ardirt�S f'rvA �lc��inr, .�.. _�-- -- - -
h

State Stormwater Management Syst@dis
Permit No. SW8 960918
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Beachwalk Homeowners Association, Inc.
Beachwalk Subdivision
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H A 000 (hereafter referred to as the "stormwater rules'
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until May 21, 2014 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. The
subdivision is permitted for 70 single family lots, each allowed 4,000 square feet
of built -upon area (BUA) and 20 duplex buildings, each allowed 4,000 ft of BUA.
Offsite area draining to this pond include Kure Dunes Phase II (SW8 920807)
@182,577 W; Ku a Dunes Phase III (SW8 950709) @243,5 0 ft`; Community
Court @23,900 ft�; and 4 Avenue/Largo Court @137,214 W.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.

State Stormwater Management Systems
Permit No. SW8 960518
5. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres: 40.3
Onsite: 24.0
Offsite: 16.3
b. Design Storm, inches: 1
l
c. Total Impervious Surf ces, ftz: 1,057,2711
70 Lots at 4,000 280,000 /
20 Duplex Lots, 80,000
Roads/Parking . 110,000
Offsite Total, 41: 587,271 i
Kure Dunes it II fe 426,157
Community Co , W: 23,900
4 Ave./Largo C 137,214
d. Pond Depth, feet: '7_5
e. TSS removal efficiency:
f. Permanent Pool (PP) Elevation, FMSL:
g. Permitted Surface Area @PP, fe:
h. Permitted Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL:
j. Controlling Orifice:
k. Forebay Volume, ft3:
I. Permanent Pool Volume, ft3:
m. Maximum Fountain Horsepower.
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
90% (no filter is required)
18.1
42,400
101,400
20.1
4",fd pipe
40,000
200,000
0ZI
Cape Fear River / Cape Fear
CPF17 18-(71)
"SC"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. The permittee shall initial items-a-f in Section II of the Wet Pond Supplement
form upon the satisfactory completion of maintenance to restore the system to
design specifications.

State Stormwater Management Systems
Permit No. SW8 960548
4. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
6. The Director may determine that other revisi3ns to the project should require a
modification to the permit.
7. 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.
8. The stormwater management system shall be constructed in it's entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.

State Stormwater Management Systems
Permit No. SW8 960518
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 960518, as issued
by the Division of Water Quality under NCAC 21-1:1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 4,000 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
15. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the Register
of Deeds_
16. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:.
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 3/4 horsepower.

State Stormwater Management Systerpis
Permit No. SW8 950518
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
19. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
20. This permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designers Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.

' State Stormwater Management Systems
` Permit No. SW8 960518
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 21 st day of May, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Haan vv. KIImeK, H.t., uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 960518
Page 7 of 9

State Stormwater Management Systems
Permit No. SW8 960518
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 21 st day of May, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Hian vv. KiimeK, N.t., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 960518

State Stormwater Management Systems
Permit No. SW8 960518
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved .plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Town of Kure Beach Building Inspections

VYA*r
P�
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> Alan W. Klimek, P.E. Director
O < Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
L CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: 4Z) S I
2. Permit Holder's name:jQO�e��o\1�sZYg'Ov�
3. Signing official's name gD�� k QOk Q-C I\ Title: S'
(person legally responsible for ) }
4. Mailing address: Lk2Sb S .,.cj.Q� � City:
State: ZipCode: ;-l2 Phone(910) 45Z-=� FAX:
(Area Code and Number) (Area Code gad Number)
H. NEW OWNER / PROJECT / ADDRESS INFORMATION
1. This request is for: (please check all that apply)
�a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: �bko,6NWg,\Y. , ,cS SbC i o.'l Tp, 1Vkrz
3. New owner's signing official's name and title: V-,, 6�-c C43�vil�i�1.Q-TTr
arson legally responsible for permit
( ltle)
4. New Mailing Address: 4.rs Low- City: X ke- � C�
State: %�i " ZipCode:A4 q 1 Phone: 0I0)'4 5 Z -qW 3FAX:
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:
Pagel of 2
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-39W
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer Service
1 800 623-7748

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRM ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CAS A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE
PERA=EE'S CERTIFICATION.
Current Perffiittee's Certification:
AND SIGN ONLY THE CURRENT
I, d�P attest that this application for a namelownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachmWts are not included, this application package will be
returned as mcompl
=d
New Applicant's Certification: (Mustbecompleted for all transfers of ownership)
a &d0a" Viola , Az-,Sdc-oAbi� kvc .
I, ���ar �� o• attest that this application for an ownership change
has been reviewed is accurateand complete to the best of my knowledge. I understand that if
all required parts of this application are not completed and that if all required supporting
information and attachments are not included, this application package will be returned as
incomplete.
THE CCAMEIkTED APPLICATION
INFORMATION AND MATERIALS,
ADDRESS:
Date:
PACKAGE, INCLUDING ALL SUPPORTING
SHOULD BE SENT TO THE FOLLOWING
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Linda Lewis
Page 2 of 2

•,MAR.25.2004 6:49PM NCDENR WIRO NO.24B P.2
Permit No. 5606y 9W 6116
(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 DETEN170N BASIN SUPPLEMENT
This form may be photocopled for use as an or4glnal
DWQ Stbrm-wEtter Management Plan Review:
A complete stormwater management plan submitl.•al includes an application form, a wet detention basin
supplemOnt for each basin, design calculations, and plans and specifications showing all basin and outlet
structure: details.
I. PROJECT i1NFORMATION
Project Name; Sead) walk Q Kure &cxh
Contact Person: Phone Number: ( 1
For projects with multiple basins, specify which basin this worksheet applies to:
elevatio►is
Basin Bottom Elevation
/0.
ic.
(floor of the basin)
Permanent Pool Elevation
. f
ft.
(elevation of the orifice)
Temporary Pool Elevation
20.1
ft.
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 42.400
;q, it.
(water surface area at the oriftce elevation)
Drainage Area
did- 3
ac.
(on site and off -site drainage to the basin)
Imperviqus Area
1,057,271
=,Sf
(on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume OV, 1—"00 c», ft. (combined volume of maim basin and forebay)
Temporary Pool Volume 104400 ou. ft. (volume detained above the permanent popn
Forebay;Volume 40.,cW cu. ft. (approximately 20% of total volume)
Otherpdrameters
SA/DA1! (surface area to drainage area ratio from DWQ table)
Diameter of Orifice in, (2 to S day temporary pool draw -down required)
Design rainfall _ in,
Design TSS Removal 2 85 % (minimum 85% required)
Form SWu-102 Rev 3,99 Page 1 of 4

.,MRR.25.2004 6:49PM NCDENR WIRO NO.248 P.3
Footnotes:
1 When using the Division SA/DA tables, the awrect 9A/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standstd table entries.
2 in the 20 coasts: counties, the requirement for a vegetative filter maybe waived if the wet detandon basin is designed to provide
90"% TS5 removal. The NCDENR BMP manual provides design tables for both 85°% TO 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 requiretents have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
✓' a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 &aQ.(- 5 r1!
✓ b. The forebay volume is approximately equal to 200/6 of the basin volume,
✓ c. The temporary pool controls runoff from the design storm event.
✓� d. The temporary pool draws down in 2 to 5 days.
.✓ e, If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
✓' f. The basin length to width ratio is greater than 3;1,
�.., ✓ g, The basin side slopes above the permanent pool are no steeper than 3.1.
_- ✓ h. A submerged and vegetated perimeter shelf with a slope of 6,1 or less (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
.✓ k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
/ 1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to ase as a wet detention basin.
✓ m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION ANn MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided. „ ............:........:.................., . .., ..., ..., ... _ ., .....,..,, ......�........_...,...
This system (check one) does 0 does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of

MAR.'25.2004 6:49PM NCDENR WIRO NO.248 P.4
Maintenance activities shall be performed as follows,
1 c 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 q 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 Tmeaapring device used to determine tite sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5. (O25 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 5. (02 5 feet in the forebay, the sediment shall be removed,
13ASIN DIAGRAM
(till in the blanks)
---% 0 Permanent Pool ElevationAl 1
Sediment Ren oval El. (�Lf 75
-------------- -- Sediment Removal Elevation I 48 �5%
Bottom le ation `� :• - A�o----- ------------------------------- -^---- ----
Bottom Elevation /d. 6 25°k
FORF,BAY NAM POND
S. 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 been.
6. If the basin dust be drained for an emergency or to peYform 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.
�Q� J
Print name:�I�(ir �v�: t I ti C)&XAa ✓ acs 'fnSL�C�Pn �✓1e
Title: 0 A-� 9na n o I/►
�c�sQo.,S;�l eo.y
S-:
Date: J 3 �— o q
M.
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
,7^
I, �`:' '� �• 420-n Cj-�2 , a Notary Public for the State of N C6L\()I'h&-'/
County of N2-W 1Jc&-r)6 kJOe- , do hereby certify that —AK(d--ct rcL a r" ', t kLk
personally appeared before me this 3 day of 0')O rb) , 2COq , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
My commission expires MarJ-) g �
Form SWU-102 Rev 3.99 Page 4 of 4

Athms I at Law
CerMed Medetor
May 11, 2004
Landfall Business Center
1213 Culbreth Drive
Wilmington, NC 28405
Telephone [phone]
Telefax 910/256-0630
e-mail smcdaniel@speedshare.r
Ms. Linda Lewis
N.C. Division of Water Quality
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beachwalk @ Kure Beach Subdivision
Transfer of Stormwater Permit 960158
Dear Linda:
In accordance with the instructions in your email to me dated April 22, 2004,
enclosed please find a fully executed original Water Quality Section Coastal Stormwater
Permit Name10wnership Change Form, signed by the original applicant and the new
applicant on the same page.
Please let me know if you need anything further.
With kind regards, I remain
lumm,
ly yours,
McDaniel Keelin
Enclosure
Cc: Rich Camilletti
Edward Coleman

DETENTION POND ANALYSIS
PROJECT #: SW8 960518
PROJECT NAME: Beachwalk @Kure Beach
Drainage Basin: Cape Fear River
FILE NAME: S:1WQSIPOND1960518.WK1
REVIEWER: arl
1B7GTI11:�
Class: SB
06-Feb-98
Chlorides: n/a
Site Area 1045440 square feet
Drainage Area 1755468 square feet Includes Kure Dunes (920807)
Area in Acres 40.3 acres
IMPERVIOUS AREA
4th Ave/Largo
137214 square feet
Kure Dunes
389124 square feet
Community Ct
23900 square feet
Roads
110000 square feet
20 Duplexes
80000 square feet (4,000 sf each)
70 lots@4000
280000 square feet
TOTAL
[
_ 10202-38jsquare feet
% IMPERVIOUS 58.12% Pond Depth: 7.5 TSS: 85
SURFACE AREA CALCULATION
SA/DA _ 1.544%
Req. SA 27096204 sq uare feet
Prov. SA 42400 {square feet [From plan Contours]
VOLUME CALCULATION
Bottom
10.6 MSL
Perm. Pool
18 MSL
Design Pool
20.1 MSL
Design SA
59000 square feet
[From plan Contours]
Req. Volume
83832.3 cubic feet
Rv=
0.5730595
Prov. Volume
1014p0 cubic feet
SA @
Elevation=
ORIFICE CALCULATION
Avg. Head = 0.9166667
ft
Flow Q2, cfs
0.58680556 Area, in
18.32976
Dia 2, inches 4.83096
Flow Q5, cfs
0.23472222 Area, in2
7.331904
Dia 5, inches 3.055368
Engineer uses[_
_..4 Inches
Area =
12.566371 in'
Q, cfs = 0.4022974
Drawdown
. 11111221111,1 '€: days
COMMENTS
Surface Area, Volume and Orifice are within Design Guidelines.

* * * COMMUNICATION RESULT REPORT ( MAY.10.2004 8:30AM )
P. 1
FILE MODE
569 MEMORY TX
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
%NA"
TTI NCDENR WIRO
ADDRESS (GROUP) RE'_=ULT PAGE
----------------- ---------
9-2560630 Ov P. 3/3
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael P. Easley, Governor
William G, Ross Jr. Secretary
North Carolina Department of Environment and Natural kesources
Alan W, Klimek P.E.,Ulrector
p Division of Water Quality
Coleen H, Sullins, De uty Director
Division of Water Quality
FAX COVER SHEET
Date: May 10, 2004 No. of Pages: 3
To: Susan Keelln, Attorney From: Linda LeWils A-/
Company: Water Quality Section - Stormwater
FAQ M. 266.0630 FAX [phone]
Phone [phone]
DWO Stormwater Project Number; SW8 960618
Project Name: Beachwalk at Kure Beach
MESSAGE:
Dear Susan:
It's been a few weeks since our last correspondence, and I wanted to made sure you
had received my comments concerning the signature page of the Transfer of Ownership
form. First, it was submitted on a different form than State Stormwater uses, and
second, I am unable to accept the signatures on different pages. Both original
sianatures must be on the some page.

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Susan McDaniel KeelM
Atbomey at Law
Certified Medkdor
Landfall Business Center
1213 Culbreth Drive
Wilmington, NC 28405
Telephone [phone]
Telefax 910/256-0630
e-mail [e-mail]
April 14, 2004 Vv q C
PR 1 ,
Ms. Linda Lewis �'•
N.C. Division of Water Quality
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beachwalk @ Kure Beach Subdivision
Stormwater Permit 960158
Dear Linda:
Several members of Beachwalk Homeowners Association's stormwater committee
and I met with Phil Norris of Norris, Kuske and Tunstall yesterday to make plans for
completing the work necessary to bring the stormwater system at Beachwalk @ Kure Beach
into compliance with the stormwater permit. Once the work is completed, we will ask Mr.
Norris to conduct a site inspection and certify compliance. I will continue to keep you
apprised of our progress. In the urterim, please feel free to contact me if you have any
questions.
With kind regards, I remain
Sin ely yours,
c
Susan McDaniel Keelin
Cc: Bich Camilietti

Susan McDaniel Keelin
Aitomey at Law
Certified Mediator
April 7, 2004
Landfall Business Center RZ FINED
1213 Culbreth Drive ANt( 1 9, 2004
Wilmington, NC 28405
Telephone [phone] BY:
Telefax 910/256-0630
e-mail [e-mail]
Ms. Linda Lewis
N.C. Division of Water Quality
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beachwalk @ Kure Beach Subdivision
Transfer of Stonmwater Permit 960158
Dear Linda:
Enclosed please find the following:
Executed original Water Quality Section Permit Name/Ownership Change
Form, and
2. Executed original Wet Detention Pond Basin Supplement.
For the reasons set forth in my correspondence to you dated March 26, 2004,
Beachwalk Homeowners Association, Inc., as the new permittee, did not initial the
"required items" checklist on the Wet Detention Pond Basin Supplement, but will do so once
the stormwater system is in compliance. Based on your March 26 correspondence, I
understand that this is acceptable.
Thank you again for your assistance with this matter. Please let me know if you
need anything further.
With kind regards,1 remain
Sintly yours,
�V mil'
Ssan McDaniel Keelin
Enclosures
Cc: Rich Camilletti

Mar 31 2004 11:34 LANDFRLL EXECUTIVE SUITES 910 256 0630
P.2
Ct WAr MletiaN F-Eaft
domw
0,'. WEM C% bosh Jr., seaamay
NwN Qawltw D@p rbnMd anent OW N04NW FAMO rM
ALs W. die, PS, WeeaEar
p •t oMNonarwmiwQw q►
L
IL
PEILMLT N�OWDIERSHII' UAILXrY SECTION F(1R11�.
'CEIVED
PwmitNunbar N/Cl�lWL&3l610A= SWB gbDSl g
APR 12 2004
Certificate of coverage N� ---- .— —J DwQ q
PROD # �%� 9&05 � o
1. PcmAbddarti nano• BEAC*tvAL K PLC VE APME MY 1-Wt
2, Petmitil aigoiofi o[ AW%name and
(Pawn iobuy ropumus tnr Pam*
3. blailfngaddteaa: 4305 1oNAMN tea• Car ML IL 0'
K C zip coder rmm. (q� u) 4S2.- DD p
1. This mquW for cb&Ap in a mm t OP
0 Chmfie io owl ofomwugr I] Name d mge ix wmpm
Cltsofie awnmsWp c(WoWty&cft 0 Mw dmp fwpeopm y/heMly
D odw (pimm expl io):
2. ownempramor laito =wtioa
compani►aowner OparMoeNerve:`� -�� a\Y, ✓sacs Assoc o►A-ibo, �o c-
(�e to be put as paetnit 1 �'oavaeaAej DD
Ownai/ape ar rigpiogofficial'Y toante: 1 Title: _ T`rltSi o n �-
Owner Conhct: �y �\ro.S c�. Cn'.ra w� ?itlar
Maiiigg ate- 1 �� � �-1 e.rs aL r►,-e C�gr-� � � mac �
8-mailsddre� U2o�.2o.•r �J A`nb6 , Cb�
3. Faa ty Inibeo sdoo
sr..11w Naox~ c�w w, `Qbvyws �SSbc ,03�� ` �vi�:�n D<-mL di w �`. S Owl
Facility PMMCe: -Z�- aS Thie:
FadOW big a ah"
stame• tip code•
&mail address:
PAJ-239.ue9102

Mar 31 2004 11:34 LRN.DFRLL EXECUTIVE SUITES 910 256 0630 p.3
PF. Mff NAME I O CHANGE FORM
4. Penh Conmat In%rm m ClfddftM ftm ftcMq► 4001100 savl\-9-
Pam Cam:
Tiida:
8 addtzs ,, City: ..
stare: Zip Code: Phone:(
E-msil sddrwe,
TLDS APMCATION PAcx4GS wmL NOT zL ACta?T6D BY Tm D1VImm OF WATza QVALIIY mass
ALL OF T= APPLICABLE rrA30 LIIITSD BELOW ARE INCLUDED W= TIIM KIBNIriTAIL,
1. This mn4deW applteadm
2. LepL dswfirsatatfsa a[the treader sdowauarddp (=& as a asattac% deed, wdelm othmerporodaO
CattM=dm mg be oompWAd and s4ped by Mh- the cuneotpammt bolder ad tine new applicant In the care of ahmp of
owaaeitip. For name cbmp only, amps and rip the appHoodaaeadficadm
Cbenat M 'e
m emsttbat this application fm nsmdownwddp ebmr®e h m
reviewed and is aoowsta and cmpbte to the beat of n y kwwledss. I �mdmataod that iiall s�oepdsed parts oftlsla appliOsdoo
are not completed aad that if all mquind wrppmtiap hbemWm and atdobmsnts m so included, ibis applicadon p wksse will be
letl mcd sm iaao o
I�
6�Ian0: Date: ' O
Applcm's Cudrard= saa_ oxy 5��C"
1. . atreat dot dais applioatim for a nemRlownarr]tip
has bean reviewed and is aeowm and co®plete to the best of my knowledge. I uodsrtead ibat if all required puts of tbls
■ppliaaoa are not completed send d m ifall required aqqnftiofmmxdm and smedkmeoob arc not included, this appBardon
psokese will be retrane+d ae bcomplate.
Did@°
THE CO1dPLATBD APPLICATION PACKAGE.IATCLUDWO ALL SLWPOIRTM DMRMATIM A MATBRLM-%
SHOULD BE SENT TO THE FOLLOWDIG ADDDRBSS:
Pslat wee 8numh
Attm valwy des
DtvMiofa of WaterQuidR ►
1617 Nail ietllce Ceitrr
Rabb, North Cary Vm 2700.1617
swt-x 110-M0z

PERMIT NAME / OWNERSHIP CHANGE FORM
4. Permit Contact Information (if different fium facility contact)
Permit Contact:
Title:
Mailing address: C:ty _
State: Zip Code: Phone:
E-mail address:
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS
ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application
2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation)
Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of
ownership. For name change only, complete and sign the application certification.
Current Pennittee's Certification: `� \
I, attest that this application for name/ownership change has
been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application
are not completed and that if all required supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: Date:
Applicant's Certification:
C4v,r�� y 1 }1 � l <.'6C 1 a'�i of lvlC
C1Qr d 5 A001& u1o,\ , attest that this application for a namelownership change
has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application
package will be rgtumed as incomplete.
Signature �' Date---d
THE CO TED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOUL BE SENT TO THE FOLLOWING ADDDRESS:
Point Source Branch
Attn: Valery Stephens
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SWU-239-080102

SLISM MCM11e1 1
Aftmey a I.aw
CerI f led Metli dor
March 26, 2004
VIA TELEFAX: [phone]
AND FIRST CLASS MAIL
Landfall Business Center VAR 2
1213 Culbreth Drive � ;�904
Wilmington, NC 28405'•
Telephone [phone]
Telefax 9101256-0630
e-mail [e-mail]
Ms. Linda Lewis
N.C. Division of Water Quality
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beachwalk @ Kure Beach Subdivision
Transfer of Stormwater Permit 960158
Dear Linda:
As we discussed by telephone, Beachwalk Homeowners Association and Robert
Weinbach have reached an agreement, whereby the Association will accept transfer of
Stormwater Permit 960158, subject to certain terms and conditions set forth in a settlement
agreement to be executed by the parties, and subject to your approval of the permit transfer.
It is my understanding that in order for the transfer to be approved, both Mr.
Weinbach, as the current permit holder, and the Association, as the proposed transferee of
the permit, must sign the "Water Quality Section Permit Name/Ownership Change Form",
Form Number SWU-239-080102, and that the Association must sign the "Wet Detention
Basin Supplement", Form Number SWU 102.
The "Wet Detention Basin Supplement" includes a section entitled "Required Items
Checklist", and calls for the applicant's initials to indicate that various design requirements
have been met, or if a requirement has not been met, an explanation of the justification
therefore. As you know, information provided to the Association indicates that the
stormwater system is not currently in compliance with the permitted design criteria. Under
the terms of the settlement agreement, and subject to your approval, the Association has
agreed to accept transfer of the permit, and all obligations that go with it, without requiring
Mr. Wembach to first bring the stormwater system into compliance. As such, the
Association cannot currently represent .on the Wet. Detention Pond Supplement that the
design requirements have been met. However, upon acceptance of the permit, the
Association. will accept responsibility for compliance with DWQ's rulesand regulations.
Also, it is my understanding that the permit will remain valid for a period of ten years from
the date of transfer of the permit to the Association.

Ms. Linda Lewis
March 26, 2004
Page 2 of 2
Please confirm that this course of action is acceptable, and that DWQ will approve
transfer of the permit as described herein.
I appreciate the professional and cooperative manner with which you have treated
this difficult situation.
With kind regards, I remain
Si erely yours,
usan McDaniel Keelin
Cc: Rich Camilletti
Edward Coleman

'V tlar} 2.6 2004 10: 26 LANDFALL EXECUTIVE SUITES 910 25G OG30
M
--- P. 1
Phone: 910411
To:
Oats:
fall lxecud" Suites
213 Culbreth Drive
ImIngton, NC 2&W5
101900 Far: 9 1 0-2S5-0630
Fax Cover 81-t
�Qj �`,
Number of pages (Incl ding this cover shoot):
Fax number; ' S _5 r a 064
From:
Comments:
At your request
Reply ASAP
For your review
Please comment ,�

Mar 26 2004 10:26 LANDFRLL EXECUTIVE SUITES 910 256 0630
p.2
Mpmn�ogj H
Afto- nay at Law
Cediflod Mediator
March 26, 2004
VIA TELMAX: (910) 350-:
AND FIRST CLASS MAIL
1VIs. Linda Lawn
N.C. Division of Water Quality
Departnn t ofEnvirownent and
127 Cardinal Drive Extension
Wilmington, NC 28405
Re:
Dear Liaft
As we discussed by
Weinbach have reached an
Stoamwater Permit 960158,
agreerneant to be executed by
Landfall Bubiness Center
1213 Culbreth Drive
Wilmington, NC 28405
Telephone 91 W509-7525
Telefox 910125"630
e-mail [e-mail]
A @ Kwe Beach Subdivision
of Stormwater Formit 960159
nne, Beachwalk Homeowners Association and Robert
heart whereby the Association will accept ftangbr of
to Catlin terms and conditions set forth in a settlement
:ies, and subject to your approval of the peltmh .
It, is my uaden tandigg that M order for the transfer to be approved, both A&�.
Wdnba* as the current per holder, and the Association, as the proposed tranAree of
the permit, must sign the "Wat Quality Section Permit Na:n&%)wner ft Change Form",
Form Number SW U 239-Q801 2, and that the Association roast sign the "Wet Detention
Basin SupplemeW, Form Num er SWU 102.
The "Wet Detention Bai
Checklist?', and calls -for the an
have been met, or if a requir a
tlraIetior�e. As you know, ini
storinwater system is not cunu
the terms of the settlemew agr
agreed to accept tar=sfer of the
l4tr, Weinbaach to first baring
Association ca=ot cwmmdy an
design requirements have bee
Associatian will accept respom
Also, it is my understanding tha
the date oft<wmfw of the permit
n Supplement" includes a section entitled "Required Items
icWt's initials to indicaW that various dailp requh unents
pant has not been met, an OVIanation of the justification
rmatwn provided to the Association indicates that the
y in compliance with the pa nittod design criteria. Under
ament, and subject to your approval, the Association has
ennit, and all obligations that go with it, without requiring
ie amwwaw system unto compliance. As sWK the
iroseaat on the Wet Detention Pond Supplemaew that the
met. However, upon accepmwe of the permit, the
Hlity for Compliance with DWQ's rules and regulations.
the permit will ronam valid ibr a period of ten years from
o the Association.

E
Mar,2G 2004 10:26 LANDFALL EXECUTIVE SUITES 910 256 0630 P.3
Ms. Linmdt Lewis
March 20, 2004
Pepe 2 of 2
Please confirm the
btens6 of the permit as de.*
I appreciate the
this difficult skuatioa
With kind regards, I
Cc: Rich Camilletti
Edward Coleman
course of act= is acceptable, and that DWQ will move
id herein.
and cooperative manner with which you have treated
tglawmn�M
ly yours.
IL
atriel Koehn

P. 1
* * * COMMUNICATION RESULT REPORT ( MAR.26.2004
FILE MODE OPTION
---------------------------
286 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
- -------------
9-2560630
4:21PM )
TTI
RESULT
OK
NCDENR WIRO
PAGE
--- P. 1/1
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
o� ` Michael F. Easley, Governor
p William G. Ross Jr. Secretary
'FNorth Carolina Department of Environment and Natural resources
> r
p Alan W. Klimek P. E., Director
Coleen H Sullins, Deputy plrecto�r
Division of Water Quality
FAX COVER SHEET
Date: March 26, 2004
To: Susan McDaniel Keelin
Company:
FAX #: [phone]
No. of Pages: 1
From: Linda Lewis )0/
Water Quality Section - Stormwater
FAX # [phone]
Phone # 9lo-3ga-3900
DWQ 5tormwater Project Number: SW8 960518
Project Name: Seachwalk a@Kure Beach
MESSAGE:
Susan:
I read your fax dated March 26, 2004. 1 understand where the HOA is corning from
regarding initialling the requirements, If they would to hold off on initialling those
requirements until after the contractor has completed the work, I could live with that.
non ii90f M01096 If 1% V%^FWW-.16al.—a iLL-
_ _..._._�. . ... ..

Michael F. Easley, Governor
William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural hesources
FAX COVER SHEET
Date: March 26, 2004
To: Susan McDaniel Keelin
Company:
FAX #: [phone]
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
No. of Pages: 1
From: Linda Lewis bol
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 960518
Project Name: Beachwalk @Kure Beach
MESSAGE:
Susan:
I read your fax dated March 26, 2004. 1 understand where the HOA is coming from
regarding initialling the requirements. If they would to hold off on initialling those
requirements until after the contractor has completed the work, I could live with that.
I can just make it a permit condition that the supplement will be initialled upon
satisfactory completion of the work.
Generally, the permit is valid until the original expiration date, but because this pond will
essentially be restored to design condition, I can justify issuing it to the HOA for a period
of 10 years.
RSS1arl: S:IWQSISTORMWA-RLETTERS120041960518.mar04
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional office Wilmington, NC 28405 [phone] Fax [phone]

Susan McDaniel Keelh
Attorney at Low
Certified Mediator
March 8, 2004
Landfall Business Center
1213 Culbreth Drive
Wilmington, NC 28405
Telephone [phone]
Telefax 910/256-0630
e-mail [e-mail]
Edward Coleman`
HOGUE, HILL, JONES NASH & LYNCH, L.L.P. DTI
101 South Third Street MAR 1
Wilmington, NC 28401 Iij'V.004
Re: Beachwalk Homeowners Association, Inc.
Dear Edward:
Your letter of March 4 is bewildering. I tried to reach you by telephone on Friday
and again this afternoon to discuss the matter directly, but you were not available.
On February 10, you wrote that "This will also confirm that your client requests an
opportunity 0 speak with W. Talton p' or.to.responding to Mr. Weinbach's offer. Given
the fact that Mr. Talton is. out.of town until next. Monday, Mr. Weinbach has no Abjection to
extending the time for a, response untilearly nett week. Please note that I will be in
depositions all day on Tuesday, February 17 and Wednesday, February 18."
I confided in you by telephone one day during the week of February 16 that I had
suffered a personal loss and would not be able to meet with my clients or talk with Mr.
Talton until the following week You assured me that was not a problem.
When I returned to the office on Monday, February 23, I met with my clients and
attempted to speak with Mr. Talton. As set forth in my letter to you of February 26, since
Mr. Talton was unwilling to discuss his bid with me, I.posed certain pertinent questions to
you, in order to ' allow the Association to make a prudent decision on' how to respond to. Mr.
Weinbach's offer
Your March 4 letter ends with the statement that "[I] regret that your client did not
wish to accept Mr. Weinbach's settlement offer." At this point, the Association has neither
accepted nor rejected Mr. Weinbach's settlement offer as set forth in your February 5 letter,
and I find it curious that Mr. Weinbach would unilaterally end settlement negotiations in
lieu of responding to the request for information that the Association has no way of
obtaining on its own.
It appears to me that a monetary settlement is feasible and both parties have
expressed an interest in such a resolution. The Association's last demand was $125,000,
and Mr. Weinbach's last offer was $85,000. Mr. Weinbach's attempt to force Talton
Contractors on the Association without responding to the Association's questions diverts

Edward Coleman
March 8, 2004
Page 2.of 2
both parties from their objective. The Association's concerns about Talton are legitimate:
this company admittedly has no experience with this type of project, and its bid is so far out
of line with the bids of experienced companies that it seems unrealistic. Talton's bid
includes no explanation of how the removed sediment will be disposed of and the price
does not take into account liability for damage to private property or city streets. Mr.
Weinbach faces significant potential liability if Talton falls short of his objectives on this
project.
If Mr. Weinbach's goal is to be free from liability associated with the stormwater
management ponds at Beachwalk, I do not believe the approach set forth in your March 4
letter will. help ltim accoRiphsh that goal an the Sher hand, if you or your client has any
interest .in contmuing settlement' negotiations; including a monetary settlement, 'ttansfet of
the stormwater permit, legal transfer of title to the common areas and a release of claims by
the Association, please let me know. Otherwise, we will prepare for continued litigation.
With kind regards, I remain
Scerely yours,
Susan McDaniel Keelin
Cc: ch Camilletti
inda Lewis via facsimile (with S. Keelin 2126/04 letter attached)

McDaniel Keehn
Aftrney at Law
Certified Mediator
February 26, 2004
VIA TELEFAX ONLY 762-6687
Landfall Business Center
1213 Culbreth Drive 03po
Wilmington, NC 28405
Telephone [phone]
Telefax 9101256-0630
e-mail [e-mail]
Edward Coleman
HOGUE, HILL, JONES NASH & LYNCH, L.L.P.
101 South Third Street
Wilmington, NC 28401
Re: Beachwalk Homeowners Association, Inc.
Dear Edward:
In accordance with our prior discussions, I contacted Michael Talton of Talton's
Clearing Contractors, Inc. on Monday, February 23 with the intention of discussing his
$85,000 bid to perform work on the, stormwater management system at Beachwalk at Kure
Beach. The undated bid which yoti provided to me on Febraaiy 5, is addressed to acid bears
A. signature line for Beachwalk, Homeowners. Association, .Inc:. Your letter. of February 5
indicates that Talton's is prepared to enter into a contract for $815,000 with either Mr.
Weinbach or the Association.
As you are aware, Mir. Talton declined to discuss the bid or any other matter with
me. He requested that I direct my questions to Bob Weinbach: As Mr. Weinbach's counsel,
I pose the following questions to you, the answers to which the Association requires in order
to prudently determine how to respond to the current state of affairs:
1. Is Talton's Clearing Contractors, Inc. still willing to enter into a contract
with the Association?
2. Please have Talton's provide a list of all projects completed within the past 3
years, including the name and phone numbber of a contact person for each
project.
3. It is my understanding that Talton's has never performed a project
comparable to this one. That being the case, how did he calculate his bid for
this project? Did he have access to the bids from Retention Pond Services,
Malpass, or Thompson? If so, how does he rationalize his dramatically lower
bid, given that they have experience with similar projects and he does not?
4. Is Talton's a financially viable company? What type of insurance does it
carry?
5. Is Talton's willing to submit a detailed bid that can be compared with the bid
provided by Retention Pond Services?
6. How does Talton's propose to handle the disposal of the sediment removed
from the ponds?

Edward Coleman
February 26, 2004
Page 2 of 2
I look forward to receiving this information so that we can evaluate the next logical
step toward resolution of this matter.
With kind regards, I remain
sine I yours,
Susan McDaniel Keelin
Cc:' Rich Carni`1 "etti w a telefax. 452-7050

3- 4-04;1112AM;HOGUE H LL JONES
;91D 763 4SZ3
FAX TRANSMISSION
HOGUE,. HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 23402
910/763-4565
Fax: [phone]
March 4, 2004••--:
TO: Linda Lewis
FAX NO. 350-2004
FROM G. Edward Coleman, III
No. Pages:
RE: Beachwalk at Kure Beach
COMMENTS: See attached
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the
addressee. If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this FAX in error, please immediately notify the sender listed above and return the original message at the
above address.

3_ 4_04;11:12AM;HOGUE HILL JONES
S
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
ATTORNEYS AT LAW
MAILING ADDRESS
W. TALMAGE JONES
101 SOUTH THIRD ST5lEET
P.O. DRAWER 2178
DAVID A. NASH
WILMINGTON, NC 28402
WILLIAM O. J. LYNCH
WILMINGTON, NC 28401
TELEPHONE [phone]
JAMES B. SNOW III
FACSIMILE 910-762-6687
WAYNE A. BULLARD
OF COUNSEL
STACEY L. FULLER
CYRUS D. HOGUE, JR.
G. EDWARD COLEMAN III
March 4, 2004
WILLIAM L. HILL, II (1931-2001)
Via Facsimile 350-2004
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Our File 279-GEC-02
Dear Ms. Lewis:
This correspondence will bring you up to date as to the status of the settlement negotiations
between my client, Mr. Bob Weinbach/Beachwalk Development, Inc., and the Beachwalk
Homeowners Association, who is represented by Ms. Susan Keelln. After speaking with Mr.
Weinbach today, I have been authorized to advise you that Mr. Weinbach will be entering into a
contract within the next few days with Talton's Clearing Contractors, Inc. to remove sediment from
both retention ponds, as well as to clean the feeder ditches to provide proper flow. The scope of
the work to be performed by Talton's Clearing Contractors, Inc. was confirmed on February 18,
2004 during the course of an on -site meeting with Mr. Weinbach, Mr. Michael L. Talton (President
of Talton's Clearing Contractors, Inc.) and Mr. David Hollis of Hanover Design. Please recall that
Mr. Hollis designed the drainage system and certified the as -built plans.
While Ms. Keelin and her client may disagree, Mr. Weinbach has attempted in good faith
to resolve this matter amicably. In fact, in Mediation on January 15, 2004, Mr. Weinbach offered
to pay $100,000 toward a $165,000 proposed contract from Retention Pond Services. The
representatives from the Beachwalk HOA at Mediation, Including the Board President, Mr. Rich
Camilletti, indicated that they would recommend the settlement offer to the full Board but that
acceptance of the offer was contingent upon approval of the entire Board. Unfortunately, the Board
rejected the offer on January 20, 2004.
Thereafter, the Homeowners Association demanded Mr. Weinbach to pay $150,000 to
settle the matter and later reduced. their demand to $125,000. Prior to responding to the
Homeowners last demand of $125,000, Mr. Weinbach felt it was prudent to try to solicit a lower bid
for the remediation work. Fortunately, Mr. Weinbach was able to secure a bid in the amount of
$85,000 from Talton's Clearing Contractors, Inc. "Initially, the bid was offered to both the
Homeowners Association, as well as Mr. Weinbach. Given the fact that the $85,000 bid from
Talton's was $15,000 less than Mr. Weinbach had previously offered to settle the matter, Mr.
Weinbach offered to pay the Beachwalk HOA $85,000 and have the HOA contract directly with

3— 4-04;11:12AM;HOGUE HILL JONES ;910 769 4965 -•
e
Ms. Linda Lewis
March 4, 2004
Page 2
Talton's similar to the proposal at Mediation where the Beachwalk HOA was to contract directly with
Retention Pond Services.
Mr. Weinbach's offer to pay $85,000 to settle the matter was made in writing on February
5, 2004, and a copy of the Talton proposal to the Beachwalk HOA in the amount of $85,000 was
attached to Mr. Weinbach's proposal. A few days later, Mr. Talton advised Mr. Weinbach that he
was no longer interested in contracting with the Beachwalk HOA in light of a conversation that Mr,
Talton had with Mr. Dean Lambeth, who is a representative of the Beachwalk HOA.
Based on the fact that Mr. Talton received instructions with respect to the scope of the work
from Mr. Hollis, I am confident that the work that will be performed by Talton is consistent with what
needs to be done to satisfy the concerns of your office. While the language contained in the permit
issued by your office to Beachwalk Development, Inc. affords your office the ability to seek
compliance by Mr. Weinbach/ Beachwalk Development, Mr. Weinbach contends that the
responsibility for maintenance was clearly transferred to the Beachwalk HOA in both the restrictive
covenants and the plats which were recorded. Mr. Weinbach intends to file suit against the
Beachwalk HOA seeking contribution/ indemnification for the $85,000 that he will pay to Talton.
Perhaps I have given you more information that you need to know, however, it is important
to me that you understand that Mr. Weinbach has attempted to resolve this matter amicably and
most importantly that Mr. Weinbach has arranged for the requisite work to be performed. It is my
understanding that, pending weather constraints, Mr. Talton will begin work by mid -June 2004.
Given the fact that the Beachwalk HOA has filed suit contending that they do not own the common
areas, I assume that Talton will be afforded access over the maintenance easements to perform
the work. I have attached correspondence to Ms. Keelin confirming Mr. Weinbach's decision to
proceed with the work.
I will advise you when the work begins and when it is completed. Should you have any
questions concerning the contents of this correspondence, please feel free to contact me. Finally,
I sincerely appreciate you affording the parties an opportunity to attempt to resolve this matter
amicably.
Very truly rs,
G. Edward Coleman, III
GECIII/mp
cc: Mr. George Rountree
By fax: [phone]
cc: Mr. Robert Weinbach
By fax: [phone]
S:\Geclll\WeinbachRobt\Beachwalk-Kure Beach\Lewis.ltr7.wpd

0
_14-04;11:13AM;HOGUE HILL JONES
;910 783 4935 u n- '
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Mdreh 4, - 2004-•
TO: Linda Lewis
FAX NO. 350-2004
FROM G. Edward Coleman, III
No. Pages:
RE: Beachwalk at Kure Beach
COMMENTS: See attached
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the
addressee. If you are not the intended recipient, or the employee or agent of the Intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have
received this FAX in error, please immediately notify the sender listed above and return the original message at the
above address.

;g-.4-04;41:i3AM;H0GUE HILL JONES
;9iO 7t;.3 4a=o
W. TALMAGE JONES
DAVID A. NASH
WILL'IAM O. J. LYNCH
JAMES B. SNOW, III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN, III
Via Facsimile
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
Ms. Susan McDaniel Keelin
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
March 4, 2004
Re: Beachwalk at Kure Beach
Dear Susan:
MAILING ADDRESS
P. O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 9101762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Further to Mr. Weinbach's most recent settlement offer as recited in my
correspondence to you dated February 5, 2004, our subsequent telephone conversation
on February 10, and your correspondence of February 26, it is my understanding that Mr.
Dean Lambeth contacted and met with Mr. Michael Talton of Talton's Clearing Contractors,
Inc. with respect to Talton's bid to the Beachwalk HOA in the amount of $85,000. It is my
further understanding that following the meeting between Mr. Talton and Mr. Lambeth, Mr.
Talton decided that he does not wish to enter into a contract with the Beachwalk HOA but
will enter into a contract with Mr. Weinbach. In addition to discussing the scope of work,
Mr. Lambeth apparently felt compelled to advise Mr. Talton that he believes Mr. Talton had
undervalued the project given the fact that other bids are significantly higher than
Mr. Talton's.
Mr. Weinbach met on February 18, 2004 at Beachwalk with Mr. Talton and Mr.
David Hollis of Hanover Design. Please recall that Mr. Hollis is the engineerwhu designed
the Storm Water system and certified the as -built plans. As a result of the meeting with
Mr. Talton and Mr. Hollis, Mr. Weinbach has decided that he will enter into a contract with
Talton and file suit against the Beachwalk HOA seeking indemnity/contribution.
It is my understanding that the work will begin in late May or early June. Talton will
need complete access of the 30-foot wide feeder ditch drainage easements, as well as the
pond common area drainage easements, as provided in the recorded plat in Map Book 36,
pages 284 and 285. Based on my inspection of the premises with Glen Garrett several
weeks ago, as well as the inspection by Mr. Talton, Mr. Hollis and Mr. Weinbach on
February 18, it is readily apparent that there are various items within the drainage
easements, including mature vegetation/landscaping, fencing and possibly two air

5—`4-04;11:13AM;HO13UE HILL JONES
e,
Ms. Susan McDaniel Keelin
Page 2
March 4, 2004
conditioning/heating units. Please advise the property owners within the drainage
easements that they are to remove all mature vegetation/landscaping, fencing, air
conditioning/heating units or any other object within the drainage easement at the property
owners' expense prior to May 15. 2004. Any items left in the drainage easement that need
to be removed in order to do maintenance will be removed at the property owners'
expense.
My recent inspection of the property also revealed that many homeowners have
buried drain lines that are tied into the homeowners' roof gutters so that the gutter
discharge flows through an underground pipe and is deposited directly into the storm water
system feeder ditches. This practice is expressly prohibited by the Storm Water Permit.
Please have all homeowners who have pipes that allow gutter runoff to flow into the feeder
ditches to remove the pipes. Finally, the fountains that have been placed in the ponds
should be removed immediately, as they are in violation of the Storm Water Permit.
As I indicated in my February 5, 2004 correspondence, Mr. Weinbach is willing to
consider a proposed Consent Judgment in the pending lawsuit that the Beachwalk HOA
has filed. Ideally, the Beachwalk HOA would agree to assume transfer of the Storm Water
Permit and common areas after Talton completes its work. If the Beachwalk HOA is not
willing to accept transfer of all of the common areas and Storm Water Permit at that time,
we will need to discuss a lease for the amenities.
Again, please advise the affected property owners to remove all items within the
drainage easements, to remove drain pipes that channel wafter directly into the feeder
ditches, and to remove the fountains from both of the ponds.
I appreciate your effort to get this matter resolved and regret that your client did not
wish to accept Mr. Weinbach's settlement offer.
very truly yours,
G. Edwar Colema , III
GECIII/mp
cc: Mr. George Rountree via facsimile
Ms. Linda Lewis via facsimile

;910 1v,-. *Vov ••
2-10-04; 4:OSPM;HOGUE HILL JONES
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P: O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: February 10, 2004
To: Ms. Susan McDaniel Keelin
Attorney at Law
Fax: [phone]
From: G. Edward Coleman, III
Pages:
cc. Mr. Robert Weinbach
Mr. George Rountree
763-0320
Mr s. Linda Lewis
V 3.0-2004
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee. If you
are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error, please
immediately notify the sender listed above and return the original message at the above address.

2-10-04; 4:06PM;HOGUE HILL JONES
; 91 0 75S 4985
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
ATTORNEYS AT LAW MAILING ADDRESS
W. TALMAGE JONES
101 SOUTH THIRD STREET P.O. DRAWER 2178
DAVID A. NASH
WILMINGTON, NC 28401 WILMINGTON, NC 28402
WILLIAM O. J. LYNCH
TELEPHONE [phone]
FACSIMILE 910-762.6687
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Susan McDaniel Keelin
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
February 10, 2004
Re: Beachwalk at Kure Beach
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Dear Susan:
This will confirm our conversation this morning regarding Mr. Weinbach's recent proposal.
This will also confirm that your client requests an opportunity to speak with Mr. Talton prior to
responding to Mr. Weinbach's offer. Given the fact that Mr. Talton is out of town until next
Monday, Mr. Weinbach has no objection to extending the time for a response until early next
week. Please note I will be in depositions all day on Tuesday, February 17 and Wednesday,
February 18.
I Innk forward to hearing from you in response to Mr. Weinbach's offer.
Very truly yours,
G. Edward Coleman, II
GECIII/yc
cc: Robert Weinbach via facsimile
Mr. George Rountree via facsimile
Ms. Linda Lewis via facsimile
S:\Geclil%WeinbachRobt\Beachwalk-Kure Beach\Kee1inFax3.wpd

;910 rC:: walla
2-10-04; 4:06PM;HOGUE HILL JONES
blind p.s. to Ms. Lewis:
Dear Ms. Lewis:
The parties have had ongoing settlement negotiations with Mr. Rountree serving
as Mediator over the last several weeks. In fact, Mr. Weinbach left Mediation on January 15,
2004 after offering $100,000.00 to settle this matter thinking that the case had been resolved.
While the $100,000.00 was accepted by the Board Members who were present at Mediation,
it was conditioned on acceptance of the entire Board, who rejected the offer on Tuesday,
January 20, 2004. Since that time, there have been ongoing discussions which have resulted
in what I believe to be another more than fair offer on the part of Mr. Weinbach. I expect to
receive either an acceptance or a rejection of Mr. Weinbach's most recent proposal within the
next week to ten days. If the HOA does not accept Mr. Weinbach's most recent offer, he is
prepared to enter into a contract with a licensed contractor to remove the sediment, and clean
the feeder ditches as suggested by Mr. David Hollis of Hanover Design. Otherwise, Mr. Hollis
believes the pond is in compliance. The bottom fine is either the HOA will accept
Mr. Weinbach's final offer to settle the case or they will reject it. If the HOA rejects the offer then
Mr. Weinbach is prepared to personally see that the work is done and then he will file a lawsuit
against the HOA seeking contribution and indemnity based on the fact that the Restrictive
Covenants and Recorded Plat clearly provide that the homeowners are responsible for
maintenance, coupled with the fact that the HOA has, in fact, assessed homeowners for
maintenance and has maintained the pond system up to the point it was discovered that
sediment needed to be removed.
I sincerely appreciate your office granting the parties an opportunity to resolve this matter
amicably. Again, I am optimistic that this case will be resolved in the next week to ten days.
However, the negotiation process is quickly nearing an end and it is important for your office to
know that Mr. Weinbach is prepared to make sure that the work suggested by Mr. Hollis is
performed.
I will let you know if there is a settlement by February 20, 2004. Please let me know if
you have any questions. V t 1 ours
ery ru y y ,
bwo)Lck-
G. Edward Coleman, III

A
,w�
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P-`-~�_
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile and U.S. Mail
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
December 8, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Please be advised that counsel for the respective parties (myself on behalf of
Beachwalk Development/Bob Weinbach; Susan Keelin on behalf of the Beachwalk
Homeowners Association; and Andy Canoutas on behalf of the Town of Kure Beach) met at
Mr. George Rountree's office on the morning of Tuesday, December 2, 2003 for a
"pre -mediation meeting." Counsel discussed the issues associated with this matter as well
as potential settlement options. As you are aware, the case was set for Mediation on
Tuesday, December 16, 2003 to include negotiation on all issues associated with this matter,
including allocation of financial responsibility for the pond maintenance work that Ms. Keelin
and I discussed with you during or recent meeting.
During the course of the meeting at Mr. Rountree's office, a creative potential
resolution was discussed that would require Mr. Canoutas to get the approval of the Kure
Beach Board of Aldermen. Assuming Mr. Canoutas is able to gain the approval of the Kure
Beach Board of Aldermen then it is likely that this matter will be resolved very quickly.
Unfortunately, the next Kure Beach Board of Aldermen meeting is scheduled for the
evening of Tuesday, December 16, 2003 which was the date for Mediation.

Ms. Linda Lewis
December 8, 2003
Page 2
The parties agreed to postpone Mediation pending Mr. Canoutas presenting the
proposal to the Kure Beach Board of Aldermen. If the Board accepts the proposal, then, as
stated above, this matter should be wrapped up fairly quickly. The other two obvious
responses from the Kure Beach Board of Aldermen are (1) a request for additional
information from Mr. Canoutas, or (2) reject the proposal. If the Kure Board of Aldermen
rejects the proposal, then the parties will be prepared to return to Mediation as soon as a new
date is agreed upon. I would hope that date would be either by the end of the year or within
the first two weeks of January 2004. If the Board of Aldermen requests additional
information, then it is likely that Board approval of the potential settlement might not come
until the January 2004 meeting of the Kure Beach Board of Aldermen which I assume will be
held on Tuesday, January 20, 2004.
I fully understand your desire to get this matter resolved and sincerely appreciate you
allowing counsel the opportunity to pursue an amicable resolution. As evidenced by the
progress made during the meeting with Mr. Rountree, I am cautiously optimistic that the
parties are close to resolving this matter.
I request that you allow the parties to continue settlement negotiations which will
include either (1) a report to you on December 17 that the Kure Beach Board of Aldermen has
accepted the proposal; (2) the Town of Kure Beach requests additional information and will
not be prepared to make a decision until January 20, 2004; or, (3) that the Kure Beach Board
of Aldermen rejects the proposed settlement and the parties will proceed to Mediation.
Please feel free to contact me or any of the other attorneys, including Mr. Rountree,
if you have any additional questions. Otherwise, I will report to you on December 17, 2003
to provide you with a status report.
Very truly yours,
V®
G. Edward Coleman, III
GEC/ycl I I
cc: Ms. Susan M. Keelin
Mr. George Rountree
Mr. A.A. Canoutas
S:\Geclll\WeinbachRobt\Beachwalk-Kure BeachlewisFax8mpd

10- 6-03; 3:0ZPM;H0GUE HILL JONES
FAX TRANSMISSION
Date:
To:
Fax:
From:
Pages:
Cc:
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third 'Street, P; O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
October 6, 2003
Ms. Linda Lewis
350-2004
G. Edward Coleman, III
2
Susan McDaniel 256-0630
;910 763 4985 # 1/ 2
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error,
Please i1mineudiately noiify the sender fisted above and return the original message at the above address.

10- 6-03; 3:02PM;HOGUE HILL JONES ;910 763 4985
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
October 6, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
# 2/ 2
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL .
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
This will confirm that I am available to meet next Monday, October 13 at 3:00 in your
office. Please let me know if you think we will need to meet for more than an hour and 45
minutes as I will need to leave our meeting by 4:45 in order to be at another meeting that I
am schedule to attend.
Thank you foryour cooperation, and I will be at youroffice next Monday at 3:00, unless
I hear from you to the contrary.
Very truly yours,
G. Edward Co eman, III
GEC/yc
cc: Ms. Susan McDaniel wa attachmei, -(via Facsimile)
S:IGeclli\WeinbachRobt\Beachwalk-Kure Beach\Lew1sFax6.wpd

# 1, 13
10-1;4-03; 2: 16PM; HOGUE HILL JOtJES
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: October 14, 2003
To: Ms. Linda Lewis
Fax: [phone]
From: G. Edward Coleman, III
Pages:
1 'S
;910 763 4985
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error.
please immediately notify the sender listed above and return the original message at the above address.

ti
10-1.4-03; 2:16PM;HOGUE HILL JOIJES ;910 763 4985
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
October 14, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
# 2.• 1 3
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
It was a pleasure meeting with you and Ms. Thompson yesterday afternoon at which
time we reviewed the current status and history of this matter in detail. Further to your
request, I have enclosed a copy of the Time Line I have prepared along with a copy of
Mr. Hollis' survey reflecting the depth of both ponds. In addition, I have enclosed a copy of
the $125,000.00 bid received from Retention Pond Services, Inc.
As indicated yesterday, this case is set for Mediation on Tuesday, December 16, 2003,
at the office of Mr. Rountree who is serving as Mediator. I do not have an objection to either
you or someone from your office attending Mediation, however, I would appreciate you letting
me know ahead of time so that we can advise Mr. Rountree. If I do not hear from you, it will
be my assumption that neither you nor someone from your office plan on attending Mediation
and I will promptly report to you following Mediation.
Again, I appreciate your cooperation. Please let me know if you have any questions.
Very truly yours,
1
G. Edward Coleman, III
Dictated but not reviewed
GEC/yc
S:\Geclll\WeinbachRobt\Beachwalk-Kure Beach\Lew1sFax7.wpd

10-14-03; 2:16PM;HOGUE HILL JONES
;910 783 4985 # 3.' 13
Retenti®n. i'bnd' Services,, !tic.
Specializing In all phases of Aquatic and Wetland Maintenance
Estimate
--- DATE ESTIMATE #
NAME/ADDRESS _
Beachwalk At Kure Beach 3/6/2003 603
C/O Hogue, Hill, Jones, Nash & Lynch, L L — - "'--' -- -
Attn: Mr. G. Edward Coleman TERMS PROJECT {
101 South Third Street .
Wilmington, NC 28401 See Below Retention Ponds and Feeder Ditches
�— DESCRIPTION TOTAL t
I Rebuild two -retention ponds to design specifications. Scope of work to include: remove accumulated. 125,000.00
sediment to design depth of 7.5 feet normal pool (sediment to be removed from site and properly disposed of
off -site), regrade any travel paths of equipment, sod any disturbed yards or common areas damaged by this
scope of work, repair any damaged spillways by this scope of work, remove fountain; systems from ponds
i (fountaihs will not be reinstalled under this scope of work), restore positive flow to feeder.ditch system, add
rip -rap as needed on 4x4 geotech fabric. Client will provide access for equipment staging, spoil removal; dirt
bag de -watering area, access for crane set-up and barge set-up if required'. This will be a very challenging .
rebuild and may require up to 6 weeks work to complete- • Please note this will be an extrerriely messy project
and will inconvenience the residents.
RPS will not be held responsible for damage -to: roads, curbs and gutters, sidewalks, light poles, 'irrigation lines
1 and heads, fences, landscaping and shrubbery and/or any other collateral damage caused by this scope of
work. All efforts will be made to minimize collateral damage to affected.areas. If pond is maintained- under
Retention Pond Services' Monthly Maintenance Agreement, this pond rebuild is guaranteed for period of one
i year. This guarantee begins on the date the pond rebuild is completed. Hurricane/tropical storm I
damage/off-site sediment accumulation/broken sprinkler heads damage is excluded from this guarantee.
Accepted: Beachwalk At Kure Beach
I
Authorized Signatory
Dated
t Payment Terms: 25% of total contract price due at contract initiation (non-refundable), 25% due at 50°% i
`completion,• remaining 50% due upon job completion. After initial 25% non-refundable deposit paid, remaining
175% of project cost to be escrowed in Hogue, Hill, Jones, Nash & Lynch Trust Account. All disbursements to
be made directly from trust account to R.P.S.
! We appreciate the opportunity to bid on your pond maintenance.
TOTAL $125,000.00
This estimate is effective for 30 days from date at
top of page. If work not under contract within 30
days, project must be rebid.
309 Crowatan Road o Castle Hayne, NC 28429 9 910.675.2990 a 88&.791.3600 a Fax [phone]
www.retentionpond s.00rn

10-}4-03; 2:16PP4;H0GUE HILL JONES
`. S�F 05,0.2 11:39a H�rinyer Design
;910 763 4985
93.0-943-9941
# 4, 13
P. 2
PARTIAL POND ASBUlLT INC,
_C-
.BEA AOVTT tojj YALK DEVELOPMENT,
LOCATED IN THE TOWN OF KURE BEACH KURE BEACH TOWNSHIP
NEW HANOVr:R COUNTY NORTH CAROLINA INV. 17.36
INV. 17.40
DATE: SEPTEMSER 5. 2002
51 l 50
49
1
52 .. : X
10,402 square /
` feet water suface
53 Ovate elev. 18.4
54 •x
46
55w^�F
?2z�
co 0
sr•u`�MrPj
!?'odODco
NOTES
1. SURVEYED SEPT. 4. 2002
2, THIS DRAWING REPRESENTS AN ASBUILT ? ?
SURVEY OF THE PONDS AS SHOWN AT b
BEACHWALK.
3. THIS MAP IS NOT FOR RECORDATION, SALES,
OR CONVEYANCE
4. X = DEPTH OF POND AS SEPT. 2002
47
6" P.V.C.
INV. 18.06'
OUTLET STRUCTURE
TOP 20.15
TOP 20.15
A
e��0�-(H CAR�jyO's
Q
.� SEAL
Lja,o s
pro s v�y�.��tr
uA
6L-
R ��
40' 20' 0 4W
45
SCALE IN FEET
SCALE-. 1' = 40'
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS & LAND PLANNERS
WIL WALNUT STREET
WIi.MINGTON, N.C. 28401
PHONE. [phone]
email- m/owrencedhdsHm.com
4477—pond r►ijl-02

10-1.4-03; 2:16PM;HOGUE HILL JONES
I •
Sep o5 `02 1 1 : 36a H --1r• ger Des i get
; 9 1 0 763 4985 # o•" 1
9' D- q43-9941 p. 3
BEACHWALK DEVELOPMENT, INC.
LOCATED IN 7HE TOWN OF KURE BEACH KUREORTH BEACH TOWNSHIP
NEW HANOVER COUNTY
DATE: SEPTEMBER 5. 2002 1 . I f 8()
70
'yl f
s��r
'!rs
79
X ...
X -3X' •'
X-OA ... 7
...
X* -.6"
.... ....
.... ... .... ..
X -.2• X
34,061 square feet.,.,
water surface area - ..• ...
water elev. 1X8.4'
-4.4
.. X.
x
-4
73
vy
74 -
NOTES
1. SURVEYED SEPT. 4, 2002
2. THIS DRAWING REPRESENTS AN ASBUILT
SURVEY OF THE PONDS AS SHOWN AT
BEACHWALK,
3. THIS MAP IS NOT FOR RECORDATION, SALES.
OR CONVEYANCE
4. X = DEPTH OF POND AS SEPT. 2002
0
SEAL
r L-3830
py
° SLlFN
40' 20' .. -�.� I 40.
75
SCALE IN FEET
SCALE: I' = 40'
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS & LAND PLANNERS
319 WALNUT STREET
WILMINGTON, N.C. 28401
PHONE: [phone] v
email— mlowrence®hdsilm.com
4477—pond mp-02

10-14-03; 2:16PM;HOGUE HILL JONES
;910 763 4985 # 6/ 1.�
TIME LINE
May 7, 1996 North Carolina Storm Water Maintenance Permit Application
is submitted by Beachwalk Development, Inc. including
Attachment "A" (Low Density in Subdivision Projects) and
Pond Maintenance Requirements.
September 9, 1996 Correspondence from Jim Bushardt (acting Regional Water
Quality Supervisor of DEHNR) advising Mr. Weinbach that the
Wilmington Regional Office has approved the Storm Water
Management Permit Application from Beachwalk in Kure
Beach on May 16, 1996. A staff review of the plans and
specifications has determined that the project as proposed will
comply with the Storm Water Regulations set forth in Title 15A
NCAC 21-1. 1000. Mr. Bushardt forwards Permit No. SW8
960518 dated September 9, 1996. The correspondence
advises that"failure to establish adequate system for operation
and maintenance of the storm water management system will
result in future compliance problems."
The State Storm Water Management Permit was granted to
Beachwalk Development, Inc. and Gulfstream Group, Inc.
Beachwalk at Kure Beach. Mr. Bob Weinbach is listed as the
Applicant. Point of depth is stated to be 7.5 feet. Permanent
Pool Elevation is stated to be 17.6 MSL, Offsite area entering
the pond is identified as Kure Dunes Lots at 70% Maximum
BUA. Numbered paragraph 4 under Section 1 (Design
Standards) states that no homeowner shall pipe any drainage
feature without submitting a revision to the Permit. Numbered
paragraph under Section 2 (Schedule of Compliance) requires
the Permitee shall at all times provide the operation and
maintenance necessary to assure the permitted storm water
system functions at optimal efficiency. The approved
Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled interval

10-14-03; 2:a16PM;HOGUE HILL JONES
;910 763 4985 * 7/ 13
TIME LINE
Page 2of8
including, but not limited to, semiannual scheduled inspections
(every 6 months); sediment removal; mowing and revegetation
on side slopes; immediate repair of eroded areas;
maintenance of side slopes in accordance with approved plans
and specifications; debris removal and unclogging of outlet
structure orifice device in catch basins and piping; access to
the outlet structure must be available at all times.
Numbered paragraph 4 under Section 2 (Schedule of
Compliance) requires that records of maintenance activities
must be kept and made available upon request to authorized
personnel of DWQ.
February 27, 1997 Beachwalk at Kure Beach plat/map is recorded providing that
all common areas and drainage easements are to be
maintained by the Beachwalk Property Owners Association
and all common area ponds are to be the property of the
Beachwalk Property Owners Association.
March 7, 1997 Beachwalk Declaration of Covenants, Conditions and
Restrictions are filed.
"Common Area" includes any small common area designated
on the map recorded for Beachwalk. Special assessments
may be had for the improvement and maintenance of the
common areas. A special assessment must have the approval
of two-thirds of the vote of each class of members. Notice of
in10 days must be provided to call a meeting for consideration
of a special assessment.
Article V, Section 14 provides that the developer shall have no
responsibility for maintaining drainage easement in connection

10-,14-02; 2:16PM;HOGUE HILL JONES
;910 763 4985 # 8/ 13
TIME LINE
Page 3 o-f 8
with any lots sold. All maintenance within said easements
shall be the responsibility of the purchaser of a lot. The
easements area of each lot and all improvements in it shall be
maintained by the owner of the lot.
Article V, Section 17 provides that if an owner violates a
covenant he may be sued to recover damages for such
violation.
June 13, 1997 Declaration of the Chathams at Beachwalk is filed.
October 21, 1997 As Built Certified Plans by David Hollis.
February 16, 1998 First Amendment to Declaration of Covenants, Conditions and
Restrictions is filed. The Amendment states that it is intended
to insure continued compliance with the storm water Permit
issued with the State of North Carolina.
April 6, 1998 Correspondence from Rick Shiver. (acting Regional Quality
Supervisor NC DEHNR) to Bob Weinbach stating that the
Wilmington Regional Office has approved the Storm Water
Permit Application. Permit No. SW8 960518 dated April 6,
1998 is enclosed. The Kermit is effective from issuance until
September 9, 2006.
July 9, 1998 Second Amendment to Declaration of Covenants, Conditions
and Restrictions is filed.
February 5, 1999 Ned Barnes prepares North Carolina Non -Warranty Deed
purportedly tendered to the HOA.

10-•14-03; 2:16PM;HOGUE HILL JONES
; 9 1 0 763 4985 # 9. 13
TIME LINE
Page 4of8
June 28, 2001 Linda Lewis sends correspondence to Bob Weinbach stating
that she understands Mr. Weinbach is no longer associated
with the project. Ms. Lewis states that she believes Mr.
Weinbach may have violated Section 3, Part 1 of the Storm
Water Permit by not seeking a name/ownership change.
August 7, 2001 Bill Lynch sends correspondence to Linda Lewis [erroneously]
advising that the common areas have been transferred to the
HOA. My Lynch takes the position that the North Carolina
Planned Community Act (N.C.G.S. 47F-3-107) places the
obligation for operation and maintenance of common facilities
upon the HOA.
March 8, 2002 Linda Lewis sends correspondence to Edward Coleman stating
that the HOA is questioning whether the approved drainage
and grading plans were followed, who owns the common
areas, and who has responsibility for maintaining the wet
detention pond. Ms. Lewis states that Section 3, Part 1 of the
Permit requires that the Permitee must submit a
Name/Ownership Change Form and supporting documentation
to transfer maintenance responsibility. Ms. Lewis requests that
a copy of the written maintenance records be submitted. Ms.
Lewis indicates that the homeowners allege that stockpiled
material may be blocking drainage and may keep it from
reaching the detention pond and that Mr. Weinbach performed
no maintenance on the system while he was on site.
April 4, 2002 Edward Coleman provided Linda Lewis via hand delivery with
a copy of the Certified As Built Blueprints and photographs.
April 9, 2002 Edward Coleman and David Hollis inspect the drainage system
at Beachwalk. It is discovered that a dam has been

10-14-03; 2:16PM;HOGUE H'LL JONES ;9i0 763 4985 # 10/ 13
constructed at the mouth at the southeasternmost drainage
ditch which causes the pool level to be higher than the design
and approved level. It is also discovered that numerous
homeowners have piped gutter runoff directly into the drainage
system.
April 24, 2002 Correspondence is sent from Edward Coleman to Linda Lewis
detailing the on -site inspection performed by Mr. Coleman and
Mr. Hollis on April 9, 2002. The correspondence also includes
photographs and a copy of the certified As Built Plans.
May 1, 2002 Edward Coleman meets with Bob McKoy (Property Manager),
and homeowners/board members, Dean Lambeth, Tim Fuller,
Pat Holleman and Rick Camilletti. The group performs an
on -site inspection and discusses Mr. Weinbach's potential
responsibility for 4 "items" which include: (1) removal of the
large mound of dirt on the north common area; (2) removal of
sediment in the drainage ditch between the ponds; (3)
placement of sod in a 150 feet by 4 feet section along the
western bank of the southeasternmost drainage ditch; and (4)
filling in a small area with dirt and covering the same with sod
along the eastern side of the southeasternmost drainage ditch.
There was no mention of concern regarding pond depth and
no mention of having the drainage system re -certified prior to
transfer of the Permit.
July 30, 2002 Correspondence to Bob McKoy confirming our meetings over
the last few weeks. Correspondence acknowledges that
Mr. Weinbach is prepared to incurthe expense associated with
removing the mound of dirt in the common area; add dirt to a
small section on the southeast bank of the southernmost
drainage ditch and cover the dirt with sod; add sod to an
approximately 150 ft. x 4 ft. section on the western bank of the
southernmost drainage ditch; and remove a small amount of
sediment built up in the middle section of the drainage ditch
between the two large ponds.

10-14-03; 2=16PM;HOGUE HILL JONES
;910 763 4985 # 11, 13
TIME LINE
Page 6 of 8
August 6, 2002 Hogue, Hill, Jones, Nash & Lynch records a deed conveying
the common area to the HOA,
August 6, 2002 Correspondence from 'Edward Coleman to Linda Lewis
confirming conversation last week regarding Beachwalk at
Kure Beach. Original Permit Application was approved on
September 9, 1996 and included consideration for storm water
runoff from Kure Dunes accounting for 4.5 acres at 70%
impervious. Thereafter, Mr. Hollis inspected the storm water
drainage system for certification and discovered that the
system as constructed could not be certified due to minor
deviations from the approved plans. Working with the Division
of Water Quality, Mr. Weinbach applied for a Modification
Permit using the as -built plans. The Modification Permit was
granted on April 6, 1998. Thereafter, Mr. Hollis certified the
storm water drainage system on April 13, 1998.
Ms. Lewis is advised that Mr. Weinbach will incur the expense
associated with removing the dirt on the northern common
area, removing sediment in the area between the two ponds;
adding sod to the northern bank of the southeasternmost
drainage ditch; and filling in a hole and sodding a small area
on the east side of the southeasternmost drainage ditch.
August 19, 2002 Correspondence from Linda Lewis to Edward Coleman stating
that Ms. Lewis, after discussion with the homeowners and
input from the Central Office and Staff, believes that the
homeowners' main issue revolves around the uncertainty of
the pond's depth. Ms. Lewis suggests that Mr. Weinbach have
the pond's depth checked by a disinterested third party. Ms.
Lewis advises that a full recertification is not necessary since
all other permitted requirements of the pond desican have been
verified by the engineer prior to the most recent modification in

1 O-,1 4-03 ; 2 ; 1 6PM ; HOGUE HILL JONES
;910 763 4985 # 12/ 13
TIME LINE
Page 7 of 8
1998. Ms. Lewis states that it will be up to Mr. Weinbach and
the homeowners to negotiate the terms for who will pay for
removal of the sediment. Both sides need to acknowledge
their part in creating this situation. The homeowners need to
be aware that they have enjoyed the use of the pond since
1996. Mr. Weinbach needs to remember that he violated his
Permit by not submitting a formal request to the Division to
transfer the Permit to the HOA. The fact that the Kure Dunes
homeowners will not be contributing to the cost to maintain the
pond does not sit well. Please get this matter resolved prior to
October 19, 2002.
September 5, 2002 Correspondence from David Hollis to Edward Coleman
containing results of the pond inspection which revealed that
sediment needed to be removed from both ponds.
October 14, 2002 Correspondence from Edward Coleman to Linda Lewis
advising that Susan McDaniel now represents the HOA and
that the parties are pursuing settlement negotiations.
December, 2002 Susan McDaniel tenders to Edward Coleman a proposed
Agreement.
February 17, 2003 Request for bid proposals are sent by Edward Coleman to
Thompson & Co., Inc.; Skinner -Smith Construction; Malpass
Construction Co., Inc.; and Retention Pond Services, Inc.
March 6, 2003 Edward Coleman receives bid from Retention Pond Services,
Inc. in the amount of $125,000.00.
March 17, 2003 Edward Coleman receives bid from Malpass Construction Co.,
Inc. in the amount of $552,250.00.

107'�4-03; 2:16PM;HOGUE HILL JONF=S
; 91 O 763 4985 # ^1 3/ 13
TIME LINE
Page 8 of 8
March 18, 2003 Edward Coleman receives bid from Thompson & Co., Inc. in
the amount of $200,000.00 to S230,000.00.
May 19, 2003 The HOA files suit against Beachwalk Development with
respect to the recording of deed by Hogue, Hill, Jones, Nash
& Lynch on August 6, 2002.
May 20, 2003 Correspondence from Susan McDaniel to Retention Pond
Services, Inc. (Glenn Garrett) asking Mr. Garrett to revise his
bid to include the location of all access and staging areas; to
accept responsibility for any damage caused by Retention
Pond Services; the terms of any warranty that would be
provided if the HOA chose not to purchase the monthly
maintenance agreement; and all requirements for bringing the
storm water management system to design specifications
required by the Division of Water Quality.
September 15, 2003 Correspondence from Edward Coleman to Linda Lewis
requesting a meeting to review current status.
S:\Gecll'l\WeinbachRobt\Beachwalk-Kure BeachUimc Une.wpd

-,3- 1-03; 2:44PM;HOGUE HILL JONES
;910 763 4985 # 1" 2
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: October 1, 2003
To: Ms. Susan J. McDaniel
Attorney at Law
Fax: [phone]
From: C. Edward Coleman, 111
Pages: 2
cc:
Ms. Linda Lewis 350-2004
CONFIDENTIAL AND PRIVILEGED
The information containen in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error,
please immediately notify the sender listed above and return the original message nt the above address.

;1�0- 1-03; 2:44PM;1-1000E HILL JONES :910 763 49$5
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Susan J. McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
October 1, 2003
Re: Beachwalk at Kure Beach
Dear Susan:
Congratulations on your marriage last weekend
announcement during Health and Happiness yesterday.
# 2 ! 2
MAILING ADDRESS
P.O. DRAWER 2178
Telephone [phone]
WILMINGTON, NC 28402
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR,
WILLIAM L. HILL, 11 (1931.2001)
George Gates made a nice
George Rountree is currently holding open December 16, 2003 for mediation in the
above referenced matter pending confirmation from the respective parties that they are
available. I have not been able to speak with Mr. Weinbach yet to confirm his availability but
will do so by the end of the week. In addition, I will contact a representative of the Town of
Kure Beach to confirm their availability for both meeting with Ms. Lewis October 13, as well
as mediation. Please let me know your availability for mediation.
Again, congratulations and I look forward to hearing from you.
Very truly yol
G. Edward C an, III
GECIII/yc
cc: Ms. Linda Lewis (via facsimile 350-2004)
S:\Geclll\WeinbachRobt\Beachwalk-Kure Beach\McDaniel_FaxlO.wpd

■ M 9-25-03; 3:55PM;H0GUE HILL
■ 1�
■
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
910/763-4565
Fax: [phone]
;910 763 4985 # 1/ 2
Date: September 25, 2003
To: Ms. Linda Lewis Fax: [phone]
Susan McDaniel Fax: [phone]
From: G. Edward Coleman, III
Rages: 2
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error.
please immediately notify the sender listed above and return the original message at the above address.

9-25-03; 3:55R�A;HOGUE HILL •JONES ;910 763 4985
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Ms. Susan J. McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON,.NC 28401
September 25, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis and Ms. McDaniel:
# 2. 2
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
This will confirm my conversation with Ms. Lewis earlier today at which time we agreed
to reschedule our meeting until Monday, October 13 at 10:00 a.m. in Ms. Lewis' office. I ask
that Ms. McDaniel please let me know if she is not available on October 13 and/or if there is
an objection to me contacting the Town of Kure Beach to request that they send a
representative to the meeting.
Unless I hear from Ms. McDaniel, I will assume that the meeting will proceed as
scheduled on October 13. 1 will keep both of you advised as to whether the Town of Kure
Beach will be attending the meeting.
Thank you for your cooperation.
Very trul rs,
G. Edward Coleman, III
GEC/yc
S:\Geclll\WeinbachRobt\Beachwalk-Kure Beach\LewisMcOaniel Fax2.wpd

140 1 9-24-03; 3:04PM:H000E HILL JONES
I
, 10 763 4985 # 1,
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: September 24., 2003
To: Ills. Linda Lewis Fax: [phone]
Susan McDaniel Fax: [phone]
From: G. Edward Coleman, III
Pages: 3
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the soie use of the addressee. If
you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error,
please immediately notify the sender listed above and return the original message at the above address.

9-24-03; 3:04PM;HOGUE HILL JONES
910 763 4985 # 2/ 3
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES ATTORNEYS AT LAW MAILING ADDRESS
DAVID A. NASH 101 SOUTH THIRD STREET
WILLIAM O. J. LYNCH WILMINGTON, NC 28401 P.O. DRAWER 2178
JAMES B. SNOW III WILMINGTON, NC 28402
WAYNE A. BOLLARD
TELEPHONE [phone]
STACEY L. FULLER September 24, 2003 FACSIMILE 910-762-6687
G. EDWARD COLEMAN III OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Ms. Susan J. McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis and Ms. McDaniel:
This will confirm receiptof Ms. McDaniel's message leftwith my secretary earlier today
regarding her availability on October 15, 2003 and suggestion that the meeting only take
place between the three of us. I do not have an objection to the three of us meeting,
however, I do believe it might be prudent for a representative of the Town of Kure Beach to
also attend the meeting as 38% of the flow impacting the system flows from property owned
by the Town of Kure Beach. I believe this fact was raised in a recent letter I received from
Ms. McDaniel.
I believe the Town's interest in participating in settlement at mediation is contingent
upon the Town being fully advised of the situation associated with the system, including their
use and enjoyment of the system prior to mediation. If either of you object to a representative
of the Town of Kure Beach attending the meeting between us, then I ask that you please let
me know as soon as possible. Otherwise, I will contact the Kure Beach Town Attorney once
we have agreed upon a date.

9-24-03; 3:04PM:H0vUE HILL •JONES
;910 763 4985 # 3/ 3
Ms. Linda Lewis
Ms. Susan McDaniel
September 24, 2003
Page 2
With respect to the scheduling of our meeting, I learned earlier today that I will not be
available on Wednesday, October 15, 2003, and apologize for having to reschedule. I am
representing one of the 13 defendants that have been sued by 71 former employees of the
Honeywell plant in Brunswick County. Counsel has been reserving the week of October 13,
2003 for depositions. I learned earlier today that I will need to attend depositions on
October 14, 15, and 16. 1 could still meet on Monday, October 13, if that is acceptable with
you. In addition, I can be flexible in scheduling a meeting during the week of October 20.
Again, I sincerely appreciate your cooperation and look forward to hearing from each
of you regarding scheduling as well as your opinion as to whether a representative from the
Town of Kure Beach should attend the meeting.
Very truly your
G. Edward Coleman, III
G EClyc

■�■ 9-24-0-�:'i0:40A;9;H0GUE HILL JONES
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. 0. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: September 24, 2003
To: Ms. Linda Lewis
Fax: [phone]
From: G. Edward Coleman, III
Pages: 4
Cc: Susan McDaniel 256-0630
CONFIDENTIAL_ AND PRIVILEGED
;910 4985 i# i 4
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error,
piease immediately notify the sender listed above and return the original message at the above address.

9-24-03;10:40AM;H000E HILL JONES
, 0 4985 #
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NG 28401
September 24, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Further to your facsimile of yesterday, I have set aside October 15 for a meeting at
your office. In addition, I have copied Ms. McDaniel on this correspondence and ask that she
contact both you and I if she is unavailable October 15, 2003 at 10:00 a.m.
Ms. McDaniel and I have been discussing over the past few weeks, the possibility of
attempting this matter via mediation and have identified Mr. George Rountree as a mutually
acceptable mediator, contingent upon his fee. In addition, Ms. McDaniel and through recent
facsimiles to each other, agree that it might be more prudent for the meeting on October 15
to be with you, Ms. McDaniel, a representative from the Town of Kure Beach (presumably
Andy Kanutus), and myself. If the parties will commit to go to mediation shortly after our
meeting with you then that will allow the parties to share their concerns and positions with you
as well as for you to share your concerns and questions with counsel prior to mediation and
would not place you in the position of serving as a "mediator" if we were to meet with the
parties being present, as well as counsel.
Unless I hear from you or Ms. McDaniel to the contrary, it will be my assumption that
we will meet in your office on October 15 at 10:00 with attorneys only. Unless you object, I
will contact Mr. Kanutus and request that he also attend the meeting. I will let you know
Mr. Kanutus' position regarding attendance.

9-2 4-03 ; 1 0 : 40Af 1; HOGUE HILL JOHES
;910 763 4965 # 4
Ms. Linda Lewis
September 24, 2003
Page 2
As indicated in prior correspondence, I may be out the rest of the week as I have been
summoned for jury duty for today and the remainder of the week. Again, I appreciate your
cooperation and look forward to hearing from you.
Very truly yours,
G. Edward Coleman, III
Dictated but not reviewed
GEC/yc
cc: Ms. Susan McDaniel w/attachment (via Facsimile)

9-24-03;10:40AP1;HOGUE HILL JONES
# 4/ 4
SEP. 23. 2003: 1 ell: 46AM4oawt CDENR WIRO:
; a cN0. 749.94se P.1 a, 2
HOGUE, HILL, JONES, NASH & LYNCH,
L.L.P
W. TALMAGE JONES
ATTORNEYS AT LAW
MAILING ADDRESS
DAVID A. NASH
101 SOUTH THIRD STREET
P. C. DRAWER 2179
WILLIAM O. J. LYNCH
WILMINGTON, NC 29M
WILMINGTON. NG 28402
JAMES 6. SNOW III
WAYNE A. BULLARD
TELPHONS IMO7634665
STACEY L. FULLER
September 23, 2003
FACSIMILE 910.762.6697
G. EDWARD COLEMAN III
OF COUNSEL
CYRUS D. ROGUE, JR.
WILLIAM L. HILL, II (1931-2001)
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Past-R' Fax NCO 7671
Daee� .3603
f
1b
Fmm' Li
ue d, .
oo, DWIR
Phone #
Phons s
I=0 rf(o_
Fax#
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 27"EC-02
Dear Ms. Lewis:
This will confirm the voice mail I left with you yesterday afternoon regarding the above
referenced matter. As I indicated on my voice mail, I received a facsimile from Susan
McDaniel yesterday indicating that she will not be available to meet until the week of October
13. lam available on either October 13,14, or 15.
dates. took forward to hearing from you regarding the aforementioned dates or alternative
Very trui rs,
G. Edward Cole n, 111
GEC/yc
CC". Ms. Susan McDaniel (via Facsimile)
/ 4_ Co12M zv1 — r 1#7 2Waila'6 4?
0,17 OGf. 13 a^ 15. le,� `S s�'T
OCr. /5 Lq /Oar, fly
/n 41te- 0tiR o 79Fce,
0

t `I■ 9-23-03 ; 7 O ; 47.4tv1 : HOC-l1E HILL JONES
1 G
' FAX TRANSMISSION
1 ■
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: September 23, 2003
To: Ms. Linda Lewis
Fax: [phone]
From: G. Edward Coleman, III
Pages: 2
Cc: Susan McDaniel 256-0630
;910 763 4985 # .1 2
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the addressee.
If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this FAX in error,
please immediately notify the sender listed above and return the original message at the above address.
Hr Gfam-,m ,

C,-_3-03; 1 0: 47.--M: H HILL ; 910 763 4985 # 2.2
i r a
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A_ NASH
WILLIAM O. J, LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN Ht
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
September 23, 2003
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Post -it® Fax Note 7671
Dat4-'L-j,03
pages► 1
To O em2
From L► ( G
Co./Dept bq Ue f f' J
1
V�/ Co. DI A O
Phone #
Phone #
Fax # t 7/_2
Fax #
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
This will confirm the voice mail I left with you yesterday afternoon regarding the above
referenced matter. As I indicated on my voice mail, I received a facsimile from Susan
McDaniel yesterday indicating that she will not be available to meet until the week of October
13. 1 am available on either October 13, 14, or 15.
I look forward to hearing from you regarding the aforementioned dates or alternative
dates.
GEC/yc
cc
Very trul rs,
G. Edward ColerlVn, III
Me-, Cp kl" 2n :
Ms. Susan McDaniel (via Facsimile) I / iy se-1-
O%J Of, f 3 Gr- ��. L�i7�
,r, oaf /S @ /ate h-q-e-
�� 4fi.0 d t i&R 0 ffce.

P. 1
COMMUNICATION RESULT REPORT ( SEP.23.2003 11:47AM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
------------------------------------------------------------------------------------------------
749 MEMORY T?% 9762GGe7 . OK P. 1/1
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
3-23-62 ; 1 0: 47AM. H00WE H I LL 0ONKS ; 910 703 4986 !e _
HOGUE, HILL, JONES, NASH & LYNCH, LIP
W. TALMAGE JONES
DAVID A. NASH
WILLIAM 0. J. LYNCH
.LAMES S. SNOW III
WAYNE A, BULLARD
5TACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
Borth Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW.
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
September 23, 2003
MAILING ADDRESS
P. O. DRAWER 2170
WILMINGTON. NC 2B402
TELE)3I10NH 910--163-4465
FACSIMILE 910-762.6687
OF COUNSEL
CYRUS D. HOGUE, JR,
WILLIAM L. HILL, 11 (1931-2001)
POOR° Fax Note 7671
°a'8114 1-03
pA9°eb I
Iro EdG
'"Unda Lewf5
Co.1Dep1 u0 1, -
co. aW 0
Phone #
Phano #
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:

rriaay, .;anuary 0, 2003 1 1:04 AM Tim Fuller 9104585122 P.02
rage i or t
From: Susan McDaniel
To: rich camilletti
Date: 1/7/03 7:.23:20 PM
Subject: RE: Beachwalk IxOA
Hi Rich. I received a faxed letter horn Edward Coleman this morning stating
that. Weinbach has been out of town over the holiday season "and is not
scheduled to return until later this week. I will respond to your
correspondence after I have had an opportunity to review the same with Afar_
Weinbach,"
Let's hold tight until the end of the week and see whcthcr we get a
response.
Thanks.
Susan McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 29405
P (910) 509-73.25
F [phone]
smcdaniel - s eedshare; net
-----Original Message, ----
From: rich camilletti Lin4to.,azoieLarc@y&oo.com
Sent. Tuesday, January 07, 2003 5:09 PM
To: Susan McDaniel
Subject: Beachwalk HOA
Hi Susan! Any word from Mr. Coleman? If not what is
your best advice on next step.
Thanks . .
Rich Camilletti.
Do you Yahool?
Yahoo! Mail Plos - Powerful. Affordable. Sign up now.
http;//mailplus,y_ahoo. com
file://C:1WI' NDOWSITEMPkELP1123.TMP 1/10/03

Friday, January 10, 200311:04 AM
r�
�r
January 10, 2003
Tim Fuller 9104585122
Ms. Linda Lewis
North Carolim Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive
Wilmington, N. C. 28406
Subject: Beachwalk HOA
Dear Ms. Lewis:
The Beachwalk Homeowners Association has been trying to work with Bob Weinbach to
settle the issues about our retention ponds and drainage system.
Unfortunately, Mr. Weinbach is unwilling to talk with us and refuses to honor previous
commitments. The Beachwalk HOA has no leverage with Mr, Weinbach, In
conversations with you in the past, you indicated that DENR could exert some Muence
on Mr. Weinbach.
I know you have been busy lately with other thznp4, but 1 wonder if you might be able to
assist us in this matter.
Attached are copies of recent correspondence from our attorney and a time line of the
discussion that we compiled to illustrate the difficulty we have had.
Please call me if you need any further information.
Thank
Tim Fuller
133 Settlers Lane
Inure Reach, N. C. 28449
910-459-6900
p.01

Fway, January 10, 2003 11;04 AM Tim Fuller 9104585122 p.03
Page [ of l
From: Susan McDanieI
To: Edward Coleman 1(1<mail\)
c ee Rioh Camilletti \(E-mail\)
Date: 1/9/03 2:01:41 PM
Subject: Beachwalk HOA/Weinbach
Edward,
From our telephone conversation this afternoon, it is my understanding that
Mr. Weinbach is unwilling to sign the agreement tendered and signed by the
HOA, primarily because he believes Hollis' survey is sufficient, and he does
not want to incur the additional cost of an independent surveyor to
determine the depth of the drainage ditches, to locate and determine the
condition of the forebays shown on the certified as -built drawings, or to
provide an opinion regarding compliance of the stormwater drainage system,
as originally constructed, with DWQ regulations in effect at the time of the
construction. I indicated that I am willing to discuss any alternate
proposal with my client, but that the HOA is losing faith and patience, and
wants Weinbach to sign an agreement with teeth in it which fairly and
reasonably addresses ail of the issues on the table.
You indicated that David Hollis of Hanover Design Services believes it is
unnecessary to survey the drainage ditches in order to obtain a binding bid
for removal of sediment from the ditches, because in his experience the
bidders will inspect the ditches betbre they bid, and zhe cost of removal of
sediment from the ditches is a "miniscule part of the bid relative to the
cost of removing sediment from the ponds. If the bidders find Hollis'
optimistic opinion not to hold true, please suggest a mechanism that would
allow the bidding to move forward without delay. Please also address how
the HOA is to obtain current information about the location and condition of
the forebays, and how the HOA is to obtain an opinion regarding compliance
of the system with DWQ regulations in effect at the time of construction.
This ir&rmation is important because it will obviously influence tb .fair.
cost allocation between Weinbach and the HOA for bringing the system up to
par-
Keepin mind that the HOA wants to have Weinbach pay the costs associated
with removal of sediment from the drainage ditches, sodding of the western
bank of the southernmost drainage ditch, filling the indention on the
eastern bank of the southernmost drainage ditch and cover the same with sod,
and any other work required to bring the drainage system up to state
standards. The only work tho HOA proposes to have Weinbach handle directly
is removal of the dirt mound. The HOA can then coordinate the most
efficient timing, of the other work.
Also, please address in your proposed agreement resolution of the
file://C:\WINDOWS\TEMF\ELPB153.TNW 1/10103

h riaay, ,ianuary 10, 200311:04 AM Tim Fuller 9104585122 p.04
Page 2 of 2
erroneous/non-consensual deeding of the common areas to the HOA.
Edward, the HOA Board and I worked hard on the Agreement hand -delivered to
you on December 27, and I frankly don't understand why Nk. Weinbach finds it
unacceptable. However, I will happily deliver to the HOA any
counterproposal you suggest, but the counterproposal needs to address all of
the issues we have raised. If we are at an impasse, we may need to find
another forum for addressing the issues.
I look forward to hearing from you. The HONs tendered agreement is
attached, in the event you wisb to use it as a base for any counterproposal.
Susan McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
P [phone]
F [phone]
smcdanielC ) eed hare.net
isle://C:IWINDOWSITEMPIELPB153.TMP 1/10/03

9-19-03; 1:58PM;HOGUE HILL JOHE: ;910 763 4985
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
910/763-4565
Fax: [phone]
Date: September 19, 2003
To: Ms. Linda Lewis
Fax: [phone]
From: G. Edward Coleman, III
Pages: 2
Cc: Robert Weinbach 793-9874
Susan McDaniel 256-0630
CONFIDENTIAL AND PRIVILEGED
The information contained in this facsimile is privileged and confidential and intended for the sole use of the
addressee. If you are not the intended recipient, or the employee or agent of the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have
received this FAX in error, please immediately notify the sender listed above and return the original message at the
above address.
# 1" 2

9-19-03; 1:58PM;HOGUE HILL JONES ;910 763 4985
•r
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
September 19, 2003
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Our File 279-GEC-02
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
This will confirm the voice mail I left with you earlier today at which time I indicated that I am
not available for a meeting with the respective parties next Wednesday, Thursday and Friday
(September 24, 25,26), as I have been summoned for jury duty.
This will also confirm thal I have sent Ms. McDaniel a facsimile confirming your desire to meet
with the respective parties. 1. have asked Ms. McDaniel to let me know the dates when she would be
available to meet. Please note that I am available September 29 through October 2.
Again, thank you for your cooperation and I will contact you once I have heard from Ms. McDaniel.
Very truly y ,
W,
G. Edward Coleman, III
GEC/yc
cc: Mr. Robert Weinbach (via Facsimile)
Ms. Susan McDaniel (via. Facsimile)

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE•JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
September 15, 2003
RE: Beachwalk at Kure Beach
Our File 279-GEC-02
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
Further to my recent correspondence to you as well as the voice mail message I left
with you, I would appreciate you letting me know whether you are willing to meet with
Mr. Weinbach and I to discuss our efforts to resolve the dispute between Mr. Weinbach,
Beachwalk Development, Inc., and the Beachwalk Homeowners Association.
I hope that a meeting with you will allow Mr. Weinbach and I to convey to you steps
we have taken to date in order to resolve the case as well as discuss future issues which
must be addressed with respect to this property.
I would appreciate you providing me with dates that you are willing to meet with
Mr. Weinbach and I or, alternatively, let me know that you are not willing to meet with
Mr. Weinbach and I. My schedule is flexible over the next few weeks.
As always, thank you for your cooperation and I look forward to hearing from you.
Very truly yours,
G. Edward Coleman, III
Dictated but not reviewed
GECIII/yc
cc: Mr. Robert Weinbach via facsimile 793-9874
S:\WOJ 1.\Wei nUacliRobt\Beadhwal I<-DetenPond\Lcwis.ltr5

■ Frida•r, January 10, 200311;04 AM Tim Fuller 9104585122
a�
p.01
January 10, 2003
Ms. Linda Lewis
North, Caroba Department of Envi_ronmerit and Natural Resources
Division of water Quality
127 Cardinal ]Drive
Wilmington, N. C. 28406
Subject: Beachwalk HOA
Dear Ms, Lewis:
The Beachwalk Homeowners Association has been trying to work with Bob Weinbach to
settle the issues about our retention ponds and drainage system.
Unfortunately, Mr. Weinbach is unwilling to talk with us and refuses to honor previous
commitments, The Beachwalk HOA has no levemge with Mr. Weinbach. In
conversations with you in the past, you indicated that DENR could exert some iM$uence
on Mr. Weinbach.
1 !mow you have been busy lately with othe* things, but 1 wonder if you might be aisle to
assist us in this matter.
Attached are copies of recent correspondence from our attorney and a time line of the
discussion that we compiled to illustrate the difficulty we have had.
Please call me if you need any further information.
Thank
irr..
Tim Fuller
133 Settlers Earle
Kure Beach, N. C. 28449
910-458-6900

Friday, January 10, 2003 11:04 AM Tim Fuller 9104585122 p.02
rage 1 dI i
From: Susan McDaniel
To: rich camilletti
Date: 1/7/03 7:23:20 PM
Subject: RE: Beachwalk HOA
Hi Rich. I received a faxed letter flom Edward Coleman this morning stating
that Weinbach has been out of town over the holiday season "and iR not
scheduled to return until later this week. I will respond to your
correspondence after I have had an opportunity to review the same with Mr_
Weinbach,"
Let's hold tight until the end of the week and see whcthcr we get a
response.
Thanks.
Susan McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
P (910) 5094523
F [phone]
smcdaniel s eedshare.net
—Original Message ---
From: rich camilletti [maiIto: $zalearc a ahoo.com]
Sent: Tuesday, January 07, 2003 5:09 PM
To: Susan McDaniel
Subject: Beachwalk HOA
Hi Susan! Any word from Mr. Coleman? If not what is
your best advice on next step.
Thanks
Rich Camilletti
Do you Yahoo!?
Yahoo! Mail Plus - Powerful. Affordable. Sign up now.
hUP.?//mailnlus.YAhoo.com
fileWC:IWINDOWSITEMPIELPI 123.TMF 1/10/03

Frioay, January 10, 200311;04 AM Tim Fuller 9104585122 p.03
rage t or 1
From;
Susan McDaniel
To:
Edward Coleman 0-maiN
CCC
Rich Camilletti \(E-mail\)
Date:
1/9/03 2:01:414 PM
Subject:
Beachwalk HOA/Weinbach
Edward,
From our telephone conversation this afternoon, it is my understanding that
Mr. Weinbach is unwilling to sign the agreement tendered and signed by the
HOA, primarily because he believes Hollis' survey is sufficient, and he does
not want to incur the additional cost of an independent surveyor to
determine the depth of the drainage ditches, to locate and determine the
condition of the forebays shown on the certified as -built drawings, or to
provide an opinion regarding compliance of the stormwater drainage system,
as originally constructed, with DWQ regulations in effect at the time of the
construction. I indicated that I am willing to discuss any alternate
proposal with my client, but that the HOA is losing faith and patience, and
wants Weinbach to sign an agreement with teeth in it which fairly and
reasonably addresses all of the issues on the table.
You indicated. that David Hollis of Hanover Design Services believes it is
unnecessary to survey the drainage ditches in order to obtain a binding bid
for removal of sediment from the ditches, because in his experience the
bidders will inspect the ditches betbre they bid, and the cost of removal of
sediment from the ditches is a "miniscule" part of the bid relative to the
cost of removing sediment from the ponds. If the bidders find Hollis'
optimistic opinion not to hold true, please suggest a mechanism that would
allow the bidding to move forward without delay. Please also address how
the HOA is to obtain current information about the location and condition of
the forebays, and how the HOA is to obtain an opinion regarding compliance
of the system with DWQ regulations in effect at the time of construction.
Tbls, Wbrmation is important bewise It will obviously influence the fair
cost allocation between Weinbach and the HOA for bringing the system up to
par -
Keep in mind that the HOA wants to have Weinbach pay the costs associated
with removal of sediment from the drainage ditches, sodding of the western
bank of the southernmost drainage ditch, filling the indention on the
eastern bank of the southernmost drainage ditch and cover the same with sod,
and any other work required to bring the drainage system up to state
standards. The only work tho HOA proposes to have Weinbach handle directly
is removal of the dirt around. The HOA can then coordinate the most
efficient timing of the other work.
Also, please address in your proposed agreement resolution of the
fide://C:\WINDOWS\TEMP\ELPBI53.TMP 1110103

Friaay, January 10, 200311;04 AM Tim Fuller 9104585122 p.04
Page 2 of 2
erroneouslnon-consensual deeding of the common areas to the HOA.
Edward, the HOA Board and I worked hard on the Agreement hand -delivered to
you on December 27, and i frankly don't understand why Mr. Weinbach finds it
unacceptable. However, I will happily deliver to the HOA. any
counterproposal you suggest, but the counterproposal needs to address all of
the issues we have raised. If we are at an impasse, we may need to find
another foram for addressing the issues.
I look forward to hearing from you. The HOA's tendered agreement is
attached, in the event you wish to use it as a base for any counterproposal.
Susan McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington, NC 28405
P [phone]
F [phone]
aMpdaniel ss eedshare.net
file://C:\WINDOWSITEMPIELPB 153.TMP 1/1.0/03

Friday, January 10, 2003 11:04 AM Tim Fuller 9104585122 p.05
"The Never Ending Story"
The Saga of the Beachwalk Ponds
December 5, 2002
May 15, 2001 HOA Board meets with Bob Weinbach
March S, 2002 DENR letter to Weinbach —Resolve Beachwalk issues
May 1, 2002
HOA Board meets with Edward Coleman.
Wy 9, 2002
Bob McKoy receives copy of Coleman letter to DENR--dean out
ditches, remove dirt mound within 6 months
June 25, 2002
Weinbach's attorney makes ridiculous settlement offer
August 19, 2002
DENR letter to Coleman —resolve issues by October 19, 2002
September 25, 2002
At Rotary meeting, Coleman says he is "anxious to work
something out..."
October 7, 2002
Coleman letter to S. McDaniel outlining several "options"
for settlement
October 14, 2002
Coleman letter to DENR—"working diligently" request delay
to October 31, 2002,
October 24, 2002
Letter from Ms. McDaniel to Coleman proposing settlement
November 6, 2002
Email from Ms. McDaniel -Coleman agrees that Weinbach
a.hould hire engineer o ss =camerd r=edial work
December 5, 2002
Email from Ms. McDaniel —Hanover Design survey shows ponds
too shallow; suggest bid process to find out cost of dredging;
Coleman will call back tomorrow to talk about mound of dirt

Friday, January 10, 200311:04 AM Tim Fuller 9104585122
i ■i ■
i■
January 10, 2003
Ms. Linda Lewis
North Caroler Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive
Wilmington, N. C. 28406
Subject: Beachwalk HOA
Dear Ms. Lcwis:
The Beachwalk Homeowners Association has been trying to work with Bob Weinbach to
settle the issues about our retention ponds and drainage system
Unfortunately, Mr. Weinbach k unwilling to talk with us and refuses to honer previous
commitments. The Beachwalk HOA has no leverage with ivir. Weinbach. In
conversations with you in the past, you indicated that DENR could exert sonic influence
on Mr. Weinbach.
I know you have been busy lately with other things, but I wonder if you might be able to
assist us in this matter.
Attaohed are copies of recent correspondence from our attorney and a time line of the
discussion that we compiled to illustrate the difficulty we have had.
Please call me if you need any further information
Thank
loa..
Tin Fuller
133 Settlers Lane
Kure Beach, N. C. 28449
910458-6900
p.01

Friday, January 10, 200311;04 AM Tim Fuller 9104585122 p,02
rage 1 of 1
From: Susan McDaniel
To: rich camilletti
Date: 1/7103 7:23:20 PM
Subject: RE: Beachwalk HOA
I-l"t Rich. I received a faxed letter itom Edward Coleman this morning stating
that Weinbach has been out of town over the holiday season "and is not
scheduled to return until later this week. I will respond to your
correspondence after I have had an opportunity to review the same with Mr.
W"ach,"
Let's hold tight until the end of the week and see whothcr we get a
response.
Thanks.
Susan McDaniel
Attorney at Law
1213 Culbreth Drive
Wilmington,, NC 28405
P [phone]
F [phone]
[e-mail]
•..-Orisinal Message ----
From: rich eamilletti lmailto:[e-mail]]
Sent: Tuesday, January 07, 2003 5:09 PM
To: Susan McDaniel
Subject: Beachwalk HOA
Hi Susani Any word from Mr. Coleman? If not what is
your beat advice on next step.
Thanks Z. ...
Rich Camilletti
Do you Yahoos?
Yahoo! Mail Plms - Powerful. Affordable. Sign up now.
http://mailt)lus.vahoo.corn
file://C:IVVMOWS\TEWkELPi 123.TMP 1/10/03

Friday, January 10, 200311;04 AM Tim Fuller 9104585122 p.03
rage 1012
From:
Susan McDaniel
To:
Edward Coleman \(mail\)
Cc:
Rich Camille ti
Date:
1/9/03 2:01:41
Subject: Bewlwalk HOA/Weinbach
Edward,
From our telephone conversation this afternoon, it is my understanding that
Mr. Weinbach is unwilling to sign the agreement tendered and signed by the
HOA, primarily because he believes Hollis' survey is sufficient, and he does
not want to incur the additional cost of an independent surveyor to
determine the depth of the drainage ditches, to locate and determine the
condition of the forebays shown on the certified as -built drawings, or to
provide an opinion regarding compliance of the stormwater drainage system,
as originally constructed, with DWQ regulations in effect at the time of the
construction. I indicated that I am willing to discuss any alternate
proposal with my client, but that the HOA is losing faith and patience, and
wants Weinbach to sign an agreement with teeth in it which fairly and
reasonably addresses all of the issues on the table.
You indicated that David Hollis of Hanover Design Services believes it is
unnecessary to survey the drainage ditches in order to obtain a binding bid
for removal of sediment from the ditches, because in his experience the
bidders will inspect the ditches beFore they bid, and the cost of removal of
sediment from the ditches is a "miniscule" part of the bid relative to the
cost of removing sediment from the ponds. If the bidders find Hollis.'
optimistic opinion not to hold true, please suggest a mechanism that would
allow the bidding to move forward without delay. Please also address how
the HOA is to obtain current information about the location and condition of
the forebays, and how the HOA is to obtain an opinion regarding compliance
of the system with DWQ regulations in effect at the time of construction.
This information is important because it will obviously influence the fair
cost allocation between Weinbach and the HOA for bringing the system up to
pa -
Keep in mind that the HOA wants to have Weinbach pay the costs associated
with removal of sediment from the drainage ditahea, sodding of the western
bank of the southernmost drainage ditch, filling the indention on the
eastern bank of the southernmost drainage ditch and cover the same with sod,
and any other work required to bring the drainage system up to state
standards. The only work the HOA proposes to have Weinbach handle directly
is removal of the dirt mound. The HOA can then coordinate the most
efficient timing of the other work.
Also, please address in your proposed agreement resolution of the
tile://CAWINDOWS\TEMF\ELPB 153.TMP 1110/03

Friday, January 10, 200311;04 AM Tim Fuller 9104585122 p.04
Page 2 of 2
erroneous/noa-consensual deeding of the common areas to the HOA.
Edward, the HOA Board and I worked hard on the Agreement hand -delivered to
you on December 27, and I frankly don't understand why W. Weinbach finds it
unacceptable. However, I will happily deliver to the HOA, any
counterproposal you suggest, but the counterproposal needs to address all of
the issues we have raised. If we are at an impasse, we may need to find
another forum for addressing the issues.
I look forward to hearing from you. The HONs tendered agreement is
attached, in the event you wish to use it as a base for any counterproposal.
Susan McDaniel
Attomey at Law
1213 Culbreth Drive
Wilmington, NC 28405
P [phone]
F [phone]
smcdaniel(&sneed is ►are.net
tle://C:IWINDOWSITEM2IELPB153.TMP 1I10/03

Friday, January 10, 200311:04 AM Tim Fuller 9104585122
p.05
"The Never Ending Story"
The Saga of the Beachwalk Ponds
December 5, 2002
May 15, 2001 HOA Board meets with Bob Weinbach
March S, 2002 DENR letter to Weinbach—Resolve Beachwalk issues
May 1, 2002
HOA Board meets with Edward Colernan
May 9, 2002
Bob McKoy receives copy of Coleman letter to DENR--clean out
ditches, remove dirt mound within 6 months
June 25, 2002
Weinbach's attorney makes ridiculous settlement offer
August 19, 2002
DENR letter to Coleman ---resolve issues by October 19, 2002
September 25, 2002
At Rotary meeting, Coleman says he is "anxious to work
something out..."
October 7, 2002
Coleman letter to S. McDaniel outlining several "options"
for settlement
October 14, 2002
Coleman letter to DENR—"working diligently" request delay
to October 31, 2002.
October 24, 2002
Letter from Ms. McDaniel to Coleman proposing settlement
November 6, 2002
Email from Ms. McDaniel --Coleman. agrees that Weinbach
abould hire engineer to secconun rd renedial work
December 5, 2002
Email from Ms. McDaniel --Hanover Design survey slows ponds
too shallow; suggest bid process to find out cost of dredging;
Coleman will call back tomorrow to talk about mound of dirt

P. 1
FILE MODE
243 MEMORY TX
COMMUNICATION RESULT REPORT ( DEC.10.2002 11:51AM )
NCDENR WIRO
- -OPTION----------------ADDRESS-(GROUP)------------ f ESULT PAGE
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
8-9104585122
tj
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
epartrnent of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Gov.
br
William G. Ross Jr., Secretary
FAX COVER SHEET
]Dated 16
To;
CO: _
FAX
REMARKS:
No. Of Pages:
From: .'.� ✓
CO:
n
127 Cardinal Drive tension. Wilmington, N.C. 2940.5.3845 Telephone [phone] Fax (pip) 350.2004
An Equal Opportunity Affirmative Action Employer
P . 2/2

rr.,idy, oanuary iu, iuu.3 i I,u4 AM iim Fuller 81045a5122
p.05
""The Never Ending Story"
The Saga of the Beachwalk Ponds
December 5, 2002
May 15, 2001 HOA Board meets with Bob Weinbach
March 8, 2002 DENR letter to Weinbach—Resolve Beachwalk issues
May 1, 2002
HOA Board meets with Edward Coleman
May 9, 2002
Bob McKoy receives copy of Coleman letter to DENR--clean out
ditches, remove dirt mound within. 6 months
Am 25, 2002
Weinbach's attorney makes ridiculous setUement offer
August 19, 2002
DENR letter to Coleman --resolve issues by October 19, 2002
September 25, 2002
At Rotary ;meeting, Coleman says he is "anxious to work
something out..."
October 7, 2002
Coleman letter to S. McDaniel outlining several "options"
for settlement
October 14, 2002
Coleman letter to DENR—`'working diligently" request delay
to October 31, 2002,
October 24, 2002
Letter from Ms. McDaniel to Coleman proposing settlenzmt
November 6, 2002
Email from Ms. McDaniel --Coleman agues that Weinbach
should hire engineer to recommend nenutdW work
December 5, 2002
Email from Ms. McDaniel —Hanover Design survey shows ponds
too shallow; suggest bid process to find out cost of dredging;
Coleman will call back tomorrow to talk about mound of dirt

i,10-31-02; 4:S2PM;H000E HILL JOHEE£; ;910 763 4985 at ti ?
LOA
�1
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
910/763-4565
Fax: [phone]
Date: October 31, 2002
To: Ms. Linda Lewis
NC Dept of Environment and Natural Resources
Fax: [phone]
From: G. Edward Coleman, III
Pages: 2
Comments: Letter follows.

r
North Carolina
`Department of Environment and Natural Resources
'Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
July 25, 2001
CERTIFIED MAIL #70001530 0001 0444 2111
RETURN RECEIPT REQUESTED
Mr. Robert Weinbach
1901 London Lane
Wilmington, NC 28405
Dear Mr. Weinbach:
Aglow
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Transfer of Ownership for
Beachwalk Development
Stormwater Permit No. SW8 960518
New Hanover County
On October 8, 1998, the Division of Water Quality issued you a modined Stormwater Management
Permit for the development known as Beachwalk @Kure Beach. The modification was issued to allow for the
runoff from Kure Dunes to be treated in the wet detention pond approved for Beachwalk. Since that time,
several events have occurred which require your immediate attention.
It is my understanding that you are no longer associated with this project. Per the requirements of
Section III, Part 1 of your permit, a name/ownership change form must be completed and submitted along with
other supporting documentation in order to transfer the permit and maintenance responsibility to the
Homeowner's Association. Until this is done, you will remain legally responsible for maintaining the pond and
the project in compliance with the permit conditions.
The Division is requesting that you meet with the HOA and resolve any outstanding issues with them,
complete the appropriate form to transfer the permit and submit it along with the required supporting
documentation. Once the site is determined to be compliance, the permit will be transferred. Please respond to
this letter by August 25, 2001. Failure to respond by the due date will result in the initiation of enforcement
action, which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-
215.6A.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960518.JUL
cc: Lind: Lewis
Central Files
David Hollis, P.E.
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

HOGUE, HILL, JONES, NASH & LYNCH, L.L.R
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
W. TALMAGE JONES
WILMINGTON, NC 28401
DAVID A. NASH
WILLIAM 0. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER October 14, 2002
G. EDWARD COLEMAN III
via Facsimile and U.S. Mail
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Dear Ms. Lewis:
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762.6687
OF COUNSEL
CYRUS D. HOGUE,.JR.
WILLIAM L. HILL, II (1931-2001).
Further to your correspondence of August 19, 2002, this will confirm that I have
been working diligently on behalf of my client, Mr. Bob Weinbach, regarding the dispute
with the Beachwalk at Kure Beach Homeowners Association. Approximately three weeks
ago, the HOA obtained the services of an attorney, Ms. Susan McDaniel. Over the last
three weeks, Ms. McDaniel and I have had several conversations regarding resolution of
this matter and we have also traveled to Beachwalk together to inspect the property.
It is my understanding that Ms. McDaniel will be meeting with her clients this
Wednesday, October 16, regarding Mr. Weinbach's most recent offer. Unfortunately, I will
be leaving to go out of the country tomorrow, October 15 and will not be back in my office
until Wednesday, October 23. As a result of the ongoing dialogue between myself and
Ms. McDaniel regarding settlement of this matter as well as my absence from the office,
I respectfully request that you delay any contemplated enforcement action until October 31,
2002 if resolution has not been reached.
I will be in my office most of the day today and until noon tomorrow should you need
to contact me. Ms. McDaniel can be reached at 509-7525. Assuming the request for the
extension is acceptable, you can expect to receive a report from me and/or Ms. McDaniel
by October 31.

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
ATTORNEYS AT LAW
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile and U.S. Mail
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
October 31, 2002
RE: Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Dear Ms. Lewis:
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931.2001)
Further to my correspondence to you October 14, 2002, this will confirm that
Ms. Susan McDaniel (attorney for the Beachwalk HOA) and I are continuing our
discussions with respect to resolution of the above -referenced matter. Given the current
posture of the settlement discussions, both Ms. McDaniel and I are optimistic that a
resolution will be reached in the very near future. While Ms. McDaniel and I are making
progress toward the resolution , it will be necessary for both she and I to consult with our
clients to obtain approval before a final agreement can be reached. Therefore, with
Ms. McDaniel's consent, I am requesting that your office allow my client and the Beachwalk
HOA to continue their good faith effort to resolve this matter amicably without intervention
from the Division of Water Quality.
I anticipate Ms. McDaniel and I will be able to report to you more fully regarding a
possible resolution within the next two to three weeks. During the interim, please contact
me should you have any questions or if I can be of assistance in any way.
Please note that I will be out of my office until Wednesday, November 6. If you
need to reach me during that time frame, please feel free to call me on my cellular phone
at 520-5381. Thank you for your cooperation.
Very truly s,
G. Edward Coleman, III
GEC/yc
cc: Mr. Robert Weinbach (via Facsimile)
Ms. Susan McDaniel (via Facsimile)

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES ATTORNEYS AT LAW
�
DAVID A. NASH � I ? I'N SOUTH THIRD STREET
WILLIAM O. J. LYNCH F J '{ VVILMINGTON, NC 28401
JAMES B. SNOW III lad
WAYNE A. BULLARD
STACEY L. FULLER Aril 4 2002
G. EDWARD COLEMAN 0112 —'
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Dear Ms. Lewis:
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
((5\i
Vu
This will confirm receipt of your March 8, 2002 correspondence to my attention. I have
reviewed the aforementioned correspondence with our client, Mr. Robert Weinbach, and enclosed for
your review the following docurncnts:
Deed transferring ownership of the Common Area from to dated
Certi 6cation of the ponds by David Hollis of Hanover Design Services, P.A.; and
Certification from David Criser, Town Engineer for Kure Beach.
Your aforementioned correspondence of March 8, 2002 seems to address five issues which are
as follows:
Whether the approved drainage and grading plans were followed?;
2. Who owns the Common Areas?;
Who has responsibility for maintaining the wet detention pond?;
4. Whether stockpiled material may be blocking drainage and maybe keeping it from
reaching the detention pond?; and
Whether Mr. Weinbach performed maintenance while he was on site.
Each of the aforementioned concerns are addressed below. As stated in correspondence from
Mr. Bill Lynch to you dated August 7, 2001 our client maintains that North Carolina Planned
Community Act (specifically N.C.G.S. 47F-3-107) places the obligation for operating and maintaining
common facilities upon the HOA for each planned community. The statutory provision does not
require that a name/ownership change form or any permanent transfer occur before the obligation of the

r +
• ' Ms. Linda Lewis
April 4, 2002
Page 2
HOA to operate and maintain common areas is imposed by statute. In fact, Mr. Weinbach has no right
of access over the property to perform maintenance.
Whether the approved drainage and grading plans were followed? Our client
contends that the approved drainage and grading plans were followed as evidenced by
the certification of the Kure Beach Town Engineer, David Criser, a copy of which is
attached.
2. Who owns the common areas? Our client maintains that the common areas are owned
by the HOA as evidenced in the deed, a copy of which is attached hereto.
3. Who has responsibility for maintaining the wet detention pond? Our client
maintains that the HOA is responsible for maintaining the detention pond as it is a
common area pursuant to the North Carolina Planned Community Act.
4. Whether stockpiled material may be blocking drainage and may be keeping it from
reaching the detention pond? At this point, I am not able to respond to this allegation
pending an onsite inspection. Our client has no knowledge of stockpiled material
blocking drainage and denies that he caused or contributed to any material being
stockpiled in the development.
Whether Mr. Weinbach performed no maintenance on the system while he was on
site? Mr. Weinbach contends that he maintained the pond in the course of the
development of the property and, in fact, made significant modifications to the pond
prior to receipt of the certificate attached hereto.
Your letter indicates that Mr. Tim Fuller and Mr. Dean Lambeth have had discussion with you
concerning the detention pond. I will be contacting both Mr. Fuller and Mr. Lambeth in the near future
to discuss any concerns that they may have. I anticipate these conversations will take place within the
next two weeks and you can expect to receive supplemental correspondence from me following those
conversations. I ask that you please diary your file ahead to May 15, 2002 in order to allow me an
opportunity to explore the HOA's concerns. During the interim, please contact me should you have any
questions or if I can be of assistance in any way.
Finally, you have requested I provide you with Mr. Weinbach's address which is 5216
Treybrooke Drive, Wilmington, North Carolina 28409. I ask that you please copy me on any
correspondence sent to Mr. Weinbach as well as advise me of you or anyone associated with the
Division of Water Quality or DNER wishes to speak with Mr. Weinbach.
Very
truly yours,
G. Edward Coleman, III `
GEC/jr

_ - t 4-0 2 : 1 0 : 23AK1 ; HOGGUE H • LL J; 91 0 763 4985 # t
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763-4565
Fax: [phone]
Date: October 14, 2002
To: Ms. Linda Lewis
NC Dept of Environment and Natural Resources
Fax: [phone]
From: G. Edward Coleman, III
Pages: 3
Comments: Letter follows.

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
via Facsimile and U.S. Mail
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
October 14, 2002
RE- Beachwalk at Kure Beach
Stormwater Project No. SW8 960518
Dear Ms. Lewis:
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGU'E,A.
WILLIAM L. HILL, 1�1.193i-2- fyy )4-"
Further to your correspondence of August 19, 2002, this will confirm that I have
been working diligently on behalf of my client, Mr. Bob Weinbach, regarding the dispute
with the Beachwalk at Kure Beach Homeowners Association. Approximately three weeks
ago, the HOA obtained the services of an attorney, Ms. Susan McDaniel. Over the last
three weeks, Ms. McDaniel and I have had several conversations regarding resolution of
this matter and we have also traveled to Beachwalk together to inspect the property.
It is my understanding that Ms. McDaniel will be meeting with her clients this
Wednesday, October 16, regarding Mr. Weinbach's most recent offer. Unfortunately, I will
be leaving to go out of the country tomorrow, October 15 and will not be back in my office
until Wednesday, October 23. As a result of the ongoing dialogue between myself and
Ms. McDaniel regarding settlement of this matter as well as my absence from the office,
I respectfully request that you delay any contemplated enforcement action until October 31,
2002 if resolution has not been reached.
I will be in my office most of the day today and until noon tomorrow should you need
to contact me. Ms. McDaniel can be reached at 509-7525. Assuming the request for the
extension is acceptable, you can expect to receive a report from me and/or Ms. McDaniel
by October 31.

,Ms. Linda Lewis
October 14, 2002
Page 2
Again, thank you for your cooperation in this matter.
Very truly yours,
ff
G. Edward Coleman, III
GEC/yc
cc: Mr. Robert Weinbach (via Facsimile)
Ms. Susan McDaniel (via Facsimile)

10-14-03; 2:16PM;HOGUE HILL JONES
i 5eg r•CIS • 02 1 1: 36a mAnnve+r Design
910-143-SS41 p.�
rNEW
CHi�" ,DMMOP"NT9 INC.
ATED IN 7HE TOMPI Of KURE WALLA KIM REACH R7NI WW
HAN m MWTY NW H CAR"A
INV. 17.36 INV. 17.40
DATE: SEPTEMBER A 20a2 �'\
51' 50 49
52
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53 feet water sufacp
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NOTES
1. SURVEYED SEPT 4. 2002 > > a
2. THIS DRAWING REPRESENTS AN ASBUILT � 2 � 2
SURVEY OF THE PONDS AS SHOWN AT so
BEACHWALK.
3. THIS MAP IS NOT FOR RECORDATION. SALES,
OR CONVEYANCE
4. X - DEPTH OF POND AS SEPT. 2002
6' P.V.C.
INV. 1 &06`
OUTLET STRUCTURE
TOP 20.15
TOP 20.15
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HANOVER DESIGN SERVICES, P.A.
LJWO VAWYM ENGINEERS A LAND PLANNERS
319 WALNUT STREET
90LMINGTco N.C. 28401
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4477—pond rn)—CZ

10-14-03: 2:76PM:HOGU£ HILL JONES
1
Sep.-05 02 11:360 Design 910- q43-9941 p.3
BBACHW"X DEVELOPMENT, HVC.
LOCATED IN ?W TONNI Of KURW MATCH KUK WALW TONNSNIP
NEW HANOW COUNTY' NWIN CAROLwA
DAM' SEPTEMM °A 2002 1 ! P 80
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ITS
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water surface area
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74
MOTES
1. SURVEYED SEPT. 4. 2002
2. THIS DRAWNG REPRESENTS AN ASBLRLT
SURVEY OF THE PONDS AS SHOWN AT
BEACHWALK.
3. THIS MAP 15 NOT FOR RECORDAVOK SALES.
OR CONVEYANCE
4. X = DEPTH OF POND AS SEPT. 2002
0
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HANOVER DESIGN SERVICES, P.A.
LAND SMVE"RS ENGINEERS t LAND PLANNERS
319 WALNUT STREET
WILIANGTON, N,C. 2a401
PHONE [phone]
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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 19, 2002
Mr. G. Edward Coleman, III, Attorney
Hogue, Hill, Jones, Nash & Lynch, LLP
101 South Third Street
Wilmington, NC 28401
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: Pond Re -certification
Beachwalk @Kure Beach
Stormwater Project No. SW8 960518
New Hanover County
Dear Mr. Coleman:
I am in receipt your letter of August 6, 2002, on behalf of your client, Bob Weinbach,
regarding the Beachwalk pond re -certification. After much discussion with you, the
homeowners, and input from Central Office staff, it appears to me that the homeowners main
issue revolves around the uncertainty of the pond's depth. If this is the pivotal issue, then it would
be in your client's best interest to have the pond's depth checked by a disinterested third party. A
full re -certification is not necessary, since all other permitted requirements of the pond design
have been verified as provided by the engineer prior to the most recent modification in 1998.
Once the depth is checked, and assuming it needs to be cleaned out, it will be up to Mr.
Weinbach and the homeowners to negotiate the terms for who will pay for what. Both sides need
to acknowledge their parts in creating this situation. The homeowners need to be aware that they
have enjoyed the use of this pond since 1996. Mr. Weinbach needs to remember that he violated
his permit by not submitting a formal request to the Division to transfer the permit to the HOA_.
The fact that the Kure Dunes homeowners will not be contributing to the cost of maintaining the
pond that they enjoy the benefit of does not sit well, but I am here only to protect surface waters
from stormwater runoff pollution, not to negotiate a deal -I'll leave that to you. I encourage both
parties to sit down and reach a reasonable compromise rather than point fingers acid assign
blame.
Due to the extended time frame that has resulted from this staiidof% i an-, forced to place a
time limit on reaching a compromise before I initiate additional enforcemen. action. Please get
this resolved prior to October 19, 2002. Ed, it has been a real pleasure dealing with you, and 1
look forward to the equitable resolution of this situation in the near future. Upot: satisfactory
resolution, please forward all the necessary paperwork to my office f:ii, processing.;.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960518.AUG
cc: Dean Lambeth
Linda Lewis
NC DEV
.L
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Re: Certifications
Subject: Re: Certifications
Date: Tue, 13 Aug 2002 15:03:34 -0400
From: Darren England <[e-mail]>
To: Linda Lewis <[e-mail]>, Bradley Bennett <[e-mail]>
Linda:
BB and I talked this one over and came up with the following:
If the pond is out of compliance, we need to cite the permittee and get him
to bring it back into compliance, before executing the permit transfer.
If the pond is in compliance, we don't think we have any authority to make
him "fix" something that isn't "broke". It is up to the HOA and developer
to work out the details on who is going to "muck out" the pond, if that is
what they want done..
Both sides have to sign on for the transfer to take place. If the HOA
doesn't want to assume responsibility for the permit with the pond in it's
current condition, that is their choice, we can't force them to take on the
responsibility.
If the two parties want to transfer the permit, they need to workout their
differences among themselves, not dump the dispute in your lap.
-dme
Linda Lewis wrote:
> Dear Darren:
> I have a situation that I am not sure what to do. We permitted a high
> density subdivision for a wet pond in 1996 to Bob Weinbach. The pond was
> built, but not certified. During construction, the developer swung a
> deal with the Town of Kure Beach to take in the runoff from an adjacent
> subdivision. Again, all was permitted, and this time the pond was
> certified before the permit was issued in 1998.
> The developer failed to transfer the ownership of the pond to the HOA.
> The HOA is insisting that I require another certification to be done
> before they accept the maintenance responsibility. It has been 4 years
> since the last certification. Their main concern is the pond's depth.
> Can I require that the depth be checked and if needed, restored before I
> reissue the permit to the HOA?
> My feeling is that all aspects of the pond should be brought to design
> levels, including the depth. If the pond is not at the design depth, it
> should be mucked out. The problem is, the developer doesn't wart to pay
> for this, and I agree to a point. The HOA has had the benefit of the
> pond since 1996. They got screwed by the developer because he brought in
> another subdivision's runoff, but didn't make the legal arrangements for
> that subdivision to contribute toward the cost of maintaining the pond.
> I believe that the cost burden should be shared equally by all three
> parties, but I don't see how I can require this.
> Linda
Darren M. England
Environmental Engineer
N.C. Department of Environment and Natural Resources
1 of 2 8/13/2002 3:51 PM

Beachwa?k
Subject: Beachwalk
Date: Mon, 29 Oct 2001 12:49:14 -0500
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: Jill Hickey <jhickey@mail jus.state.nc.us>
*This email is a private communication and is not to be made public*.
Dear Jill:
Lots of progress being made today. RE Beachwalk- (where the developer,
Robert Weinbach, did not transfer common area to the HOA). Brian
Cheshire found that no taxes were being levied for those common areas,
but more importantly, that as of January 1, 2001, Beachwalk Development,
Inc. was still the owner, not the HOA. My letter to the developer's
attorney will include a request to produce legal documentation of the
ownership change.
Also, I was not successful in finding any statutes where it talks about
the fact that a permittee is considered responsible for compliance with
the permit until such time as it is transferred to another party or
superceded, all with the Division's full knowledge. The closest I come
is 143-215.1 (b)(4)(a), where the Commission has the power to grant a
permit with whatever conditions necessary to achieve the purposes of the
Article. If this is all we have, then Mr. Weinbach's attorney is
correct. The permit does not hold him responsible for pond maintenance
after title is transferred to the HOA. The violation of one condition
(to notify the Division and transfer the permit) is being used as an
excuse. My argument is that had we known about the transfer (as required
by the permit) we could ,have avoided this whole ugly mess, but as Mr.
biz inbach told the HOA, ;:.e had no intention of ever complying with the
permit. Maybe that qualifies as getting a permit under false pretenses.
Bradley is working on it. A draft copy of my incomplete letter will be
faxed.
RE Dawning Creek/Whispering Pines, I have drafed a letter and will fax
it to you for review.
Dan Sams has used the Sheriff's department to deliver Notices of
Violation of the Sediment Control Law. He gave me some forms which I
have altered to reflect DWQ. These will be faxed to you as well for
comment.
Thanks. Linda
1 of 1 11/12/2001 9:05

BeachvyQalk
Subject: Beachwoalk
Date: Thu, 08 Nov 2001 14:37:25 -0500
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: Jill Hickey <[e-mail]>
DearJill:
I was writing a permit and suddenly thought about the wording of that
condition. When we issue a permit, do we have to say that the permittee
is responsible for doing what the permit says until the permit transfer
is approved? For example, one of the permittees "transfers" the SW
permit to an HOA, but doesn't submit any of the documentation to the
Division. We don't know anything about it. He thinks that he doesn't
have to maintain the stormwater system because the permit doesn't
specifically say that he is responsible for maintaining the pond after a
transfer occurrs. HOWEVER, all of our permits say that the permit is not
transferable to any person until it has been approved by the Division.
Since we never approved the transfer, isn't it a simple conclusion that
the permittee is responsible for permit compliance until the permit
transfer is approved by the Division? Just a thought.
Linda
1 of 1 11/12/2001 8:58 AM

acbwoalk
Subject: Re: Beachwoaik
Date: Thu, 08 Nov 2001 14:42:51 -0500
From: "Jill Hickey" <jhickey@mail jus.state.nc.us>
To: <[e-mail]>
yes, it is that simple. The permittee is always responsible for compliance. The
way to become not responsible is to have the permit transferred to someone else (who
agrees to be the permittee).
Linda, I left a voice mail message for you. I have to go momentarily to Charlotte
so can't talk today. What about a time certain on Tuesday (except for !lam) or some
other day next week? I just can't remember all the details in order to advise you on
the drafts/issues you faxed up here. Also, I haven't seen some of the docs referred
to in the correspondence and really do need more info.
1 of 1 11/12/2001 9:01 AM

HOGUE, HILL, JONES, NASH & LYNCH, L.I_..P
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
August 6, 2002
STACEY L. FULLER
G. EDWARD COLEMAN III
ATTORNEYS AT LAW
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Our File 279-GEC-02
Dear Ms. Lewis:
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762.6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
This will confirm our conversation last week regarding the issues between the
Beachwalk at Kure Beach Homeowners Association and my client, Mr. Bob Weinbach
as well as your concerns with respect to the storm water management system ("the
system") at Beachwalk. During the course of our conversation, we reviewed in detail
the demands of the HOA (many of which we believe do not pertain to the system) as
well as the demand presented by the HOA that the system be re -certified before the
HOA will agree to accept transfer of the Permit. In the course of our conversation you
advised that the pond must be re -certified in order for your office to approve transfer,
even though the pond has been certified by Mr. David Hollis.
Following our most recent conversation, I contacted Mr. Hollis to inquire as to his
availability for inspection of the system. During the course of my conversation with Mr.
Hollis we reviewed his involvement to date. The original Permit Application was
approved on September 9, 1996 and included consideration for storm water runoff from
Kure Dunes (specifically accounting for 4.5 acres at 70% impervious). Thereafter, Mr.
Hollis inspected the storm water drainage system for certification and discovered that
the system, as constructed, could not be certified due to minor deviations from the
approved plans. Working with your office, Mr. Weinbach applied for a Modification
Permit using the as -built plans. The Modification Permit was granted on April 6, 1998.
Thereafter, Mr. Hollis certified the storm water drainage system on April 13, 1998. It is
Mr. Hollis' position, based on my recent conversations with him over the last twa days,
that both the modification and storm water runoff from Kure Dunes were considered in
his certification.
As we discussed, Mr. Weinbach is prepared to incur the expense associated with
performing the tasks requested by the HOA which include:

Ms. Linda Lewis
August 6, 2002
Page 2
(1) filling a small area on the eastern bank of the drainage ditch near
the southernmost point of the drainage system and covering the
dirt with sod;
(2) sodding a roughly 90 feet by 5 feet bank on the western side of the
southernmost drainage ditch;
(3) removing sediment buildup in the drainage ditch between the
northern pond and the southern pond. Mr. Weinbach will have this
done by hand in order to minimize the effect on the landscaping of
the adjacent homes; and
(4) removal of a large amount of dirt on the common area adjacent to
the northern boundary. Following removal of the dirt,
Mr. Weinbach will grade and seed the area. The removal of dirt
has already begun.
In exchange for Mr. Weinbach completing the aforementioned tasks, he has
requested that the HOA assume transfer of the Permit. Therefore, the remaining issue
is whether the system must be re -certified in order to gain approval of your office. I ask
that you please review your file as well as the enclosed documents and provide me with
your opinion as to whether re -certification is necessary.
I have enclosed a copy of pertinent documents from my file including both the
original Application and resulting Permit dated September 9, 1996; Modification
Application and resulting Permit dated April 6, 1998; April 13, 1998 Certification; and
pertinent correspondence. I previously forwarded to your attention, via hand delivery
on April 24, 2002, a copy of the Certified As -Built Blueprints.
I sincerely appreciate your cooperation and look forward to hearing from you.
Very truly yours,
G. Edward Coleman, III
GECIII/yc
cc: Mr. Robert Weinbach
S:\WOJL\WeinbachRobt\Beadhwalk-DetenPond\Lewis.Itr5

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W.TALMAGEJONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW Ill
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
1 O1 SOUTH THIRD STREET
WILMINGTON, NC 28401
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762'66687
OF COUNSEL
CYRUS D. HOGUE, JR.
May 6, 2002 WILLIAM L. HILL, II 0931.2001)
E 4 = hz} 3
RE: Beachwalk at Kure Beach
Stormwater project no. SW8 960518
Dear Ms. Lewis:
Further to my recent correspondence, this will confirm that I met with the
following individuals on the afternoon of Wednesday, May 1, 2002, to discuss concerns
raised by some of the homeowners through the Homeowners Association of Beachwalk
at Kure Beach:
Mr. Bob McKoy (Property Manager);
2. Mr. Dean Lambeth (homeowner/Board member);
3. Mr. Tim Fuller (homeowner/Board member);
4. Ms. Pat Holleman (homeowner/Board member); and
5. Mr. Rick Camilletti (homeowner/Board member).
During the course of the aforementioned meeting, I discussed concerns that
some of the homeowners have and, along with the five individuals identified above,
visually inspected the areas of concern. An agreement was reached that the
Homeowners Association will accept transfer of the stormwater permit including future
maintenance obligations if their concerns addressed. Obviously, transfer is also
contingent upon the approval by DENR.
In addition, I have enclosed a copy of the Deed transferring the common areas
to the HOA including stormwater ponds and stormwater drainage systems. It is my
understanding from Mr. Weinbach and his attorney, Mr. Ned Barnes, that the deed was
tendered to Mr. McCoy some time ago. Mr. McKoy advises that he does not have
recollection of receiving the deed.

Ms. Linda Lewis
May 6, 2002
Page 2
I will be meeting with Mr. Weinbach in the near future as well as with the
appropriate representatives of the HOA in an effort to address the concerns raised in
my recent meeting and facilitate the transfer of the stormwater drainage permit. I will
keep you advised as developments occur and I ask that you please contact me during
the interim should you have any questions or if I can be of assistance in any way.
Very truly voigs,
<wardG. Eeman, III
GEC/kj
cc: Mr. Robert Weinbach
Mr. Bob McKoy

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W.TALMAGEJONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
VIA HAND DELIVERY
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTORNEYS AT LAW
10 1 SOUTH THIRD STREET
WILMINGTON, NC 28401
RE: Beachwalk at Kure Beach
Dear Ms. Lewis:
April 24, 2002
P.O. DRAWER 2178
WILMINGTON. NC 28402
TELEPHONE [phone]
FACSIMILE 91 Q462-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL. 11(1931.2001)
RECEIVED
APR 2 5 2002
DWQ q
PROJ #� *8 cf(fG 5 o
In supplement to my recent correspondence of April 8, 2002, this will confirm that I
inspected the drainage system at Beachwalk at Kure Beach with Mr. Weinbach's engineer, Mr.
David Hollis, on Tuesday afternoon, April 9. In addition, Mr. Hollis provided me with a certified
copy of the plans and specifications which reflect, according to Mr. Hollis, that the grading and
drainage construction conformed with the plans and specifications. A copy of the certified plans
is attached for your review.
Mr. Hollis and I inspected the area with reference to the homeowners' allegation that
material has been stockpiled blocking the flow of drainage as alleged in your correspondence to
my attention dated March 8, 2002. Neither Mr. Hollis nor I noticed any material stockpiled which
would block the flow of drainage, however, I do note the following:
1. There is ongoing construction at Lot 23 which is being performed by Tew's
Construction. The construction consists of a two story dwelling. As noted above,
neither Mr. Hollis nor I noticed any stockpiled material that would block the flow
of water. I have highlighted Lot 23 on the plat in pink and I have enclosed
photographs for your review. (Please see photographs 1 and 2)
2. Lot I I appears to be recently graded with a fresh coat of top soil and appears to
be relatively level. There does not appear to be any effect on the storm water
drainage due to the grading of Lot 11. Lot 11 is highlighted on the plat in blue and
I have enclosed a photograph for your review. (Please see photograph 3)
3. There are three pallets of brick and cylinder block, four panels of compressed
board/plywood and a garbage "dumpster" located on Lot 74. The aforementioned

Ms. Linda Lewis
April 24, 2002
Page 2
material does not appear to be blocking the flow of drainage water. My client
does not own Lot 74. Lot 74 is highlighted in yellow and I have enclosed
photographs for your review. (Please see photographs 4, 5 and 9)
4. There are several houses being constructed north of the Beachwalk development in
the separate development, Kure Beach Village. There does not appear to be any
stockpiled material associated with this construction which is outside of the
property developed by my client.
I have also enclosed photographs of the drainage system including photographs of both
ponds. To my untrained eye, the system seems to be extremely well maintained as the grass has
been cut down to the water line in all areas. While the homeowners are apparently raising an
issue with respect to ownership of the common areas and/or maintenance of the drainage system,
it appears that maintenance to date has taken place in a very professional manner. The enclosed
photos are described as follows:
Photo 1 Construction on Lot 23.
Photo 2 Construction on Lot 23.
Photo 3 The grading on Lot 11.
Photo 4 Dumpster on Lot 74.
Photo 5 Bricks and plywood on Lot 74.
Photo 6 Looking south toward the "southern pond."
Photo 7 Depicts channel between "southern pond" and "northern pond".
Photo 8 Looking north at "northern pond."
Photo 9 Looking north at "northern pond."
Photo 10 Looking northeast at channel draining into "northern pond".
Photo 11 Looking east at channel draining into "northern pond".
Photo 12 Looking southeast at channel draining into "northern pond".
Please refer to the plat where I have circled in red the location where I was standing
when each photograph was taken with an arrow indicating the direction the camera was
aimed when the photograph was taken

r
Ms. Linda Lewis
April 24, 2002
Page 3
I will be meeting with Mr. Tim Fuller who resides at 133 Suttler's Lane (Lot 3), phone
number 458-6900, Mr. Dean Lambeth who resides at 202 North Fifth Avenue (Lot 38), phone
number 458-4528, and with the property manager, Mr. Bob McCoy, on Wednesday, May 1,
2002.
I sincerely appreciate your continued cooperation and I will supplement this
correspondence after my meeting with Mr. McCoy, Mr. Fuller, and Mr. Lambeth on May 1, 2002.
Very truly yours,
G. Edward Coleman, III
GEC/jr
Enclosures

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HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
P.L
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
VIA FACSIMILE - 350-2004
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Dear Ms. Lewis:
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 20401
April 8, 2002
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, It (1931.2001)
This will confirm receipt of your correspondence of March 8, 2002 addressed to ray attention
regarding ownership/compliance issues with respect to the Beachwalk @ Kure Beach under Stormwater
Project Number SWS-960518. In addition, I have reviewed a copy of your correspondence dated June
28, 2001 to our client, Mr. Bob Weinbach, as well as Mr. Bill Lynch's reply correspondence dated
August 7, 2001.
In reviewing both of your aforementioned letters, it seems the issues addressed by the Division
of Water Quality and/or DNER are limited to ownership and/or compliance as there are no allegations
in either of your letters on behalf of the Division of Water Quality and/or DENR with respect to the
drainage and grading plans. I note in your March 8, 2002 correspondence that the HOA is questioning
whether the approved drainage and grading plans were followed. Mr. Weinbach contends that the
drainage and grading plans were followed as evidenced in the attached certification of Mr. David Hollis
as well as by the fact that the project was approved by the Town of Kure Beach engineer, Mr. David
Criser. I anticipate 1 will be in receipt of the approved final drainage and grading plans early this week
and we will promptly provide you with a copy.
Your correspondence of March 8, 2002, also indicates that homeowners are alleging that
stockpile material may be blocking drainage and that Mr. Weinbach performed no maintenance on the
system while he was on site. As I have not had an opportunity to make an onsite inspection with our
engineer, Mr. Davis Hollis, I a n not able to respond to tine allegation that the stockpile material may be
blocking drainage. However, Mr. Weinbach maintains that he performed maintenance on the system
while be was on site and ha.s neither caused nor contributed to material being stockpiled_
More importantly, Mr. Weinbach has authorized me to contact the homeowners you identify in
your correspondence (Mr. Tim Fuller and Mr. Deane Lambeth) in addition to the property manager, Mr.
Bob McCoy, to discuss any concerns the homeowners and/or HOA may have. In addition, I will be
meeting with Mr. Weinbach's prior attorney, Mr. Ned Barnes, to discuss the negotiations between Mr.
Weinbach and the Homeowner's Association with respect to transferring the common areas and

PPR oe '02 04:37PM HHJNL
P.3
maintenance of the common areas. It is my understanding that a deed transfer in the common areas
(including the detention ponds) was tendered to Mr. McCoy some time ago and that the HOA has not
recorded'the Deed.
I anticipate speaking with Mr. Fuller, Mr. Lambeth, Mr. McCoy and Mr. Barnes within the next
three weeks. Further, I will be inspecting the ponds with Mr. Weinbach's engineer, Mr. Hollis, within
the same time frame. As a result, I respectfully request that the Division of Water Quality refrain from
the initiation of enforcement action until I have supplemented this correspondence which will be done
by Monday, April 29, 2002.
1 sincerely appreciate your cooperation and ask that you please contact me should you have any
questions or if I can be of assistance in any way.
Very truly yours,
�41
G. Edward Coleman, III
GEC/j r
cc: Mr. Bob Weinbach

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM 0. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN 111'z
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension.
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Dear Ms. Lewis:
.ATTORNEYS AT LAW
101.SOUTH THIRD STREET
WILMINGTON, NC 28401
MAILING ADDRESS
P. O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
April 4, 2002 CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931-2001)
�5\i
q(s()
This will confirm receipt of your March 8, 2002 correspondence to my attention. I have
reviewed the aforementioned correspondence with our client, Mr. Robert Weinbach, and enclosed for
your review the following documents:
1. Deed transferring ownership of the Common Area from to dated
2. Certi 5cation of the ponds by David Hollis of Hanover Design Services, P.A.; and
3. Certification from David Criser, Town Engineer for Kure Beach.
Your aforementioned correspondence of March 8, 2002 seems to address five issues which are
as follows:
l . Whether the approved drainage and grading plans were followed?;
2. Who owns the Common Areas?;
3. Who has responsibility for maintaining the wet detention pond?;
4. Whether stockpiled material may be blocking drainage and maybe keeping it from
reaching the detention pond?; and
5. Whether Mr. Weinbach performed maintenance while he was on site.
Each of the aforementioned concerns are addressed below. As stated in correspondence from
Mr. Bill Lynch to you dated August 7, 2001 our client maintains that North Carolina Planned
Community Act.(spccifically N.C.G.S. 47F-3-107) places the obligation for operating and maintaining
common facilities upon the HOA for each planned community. The statutory provision does not
require that a name/ownership change form or any pen-nanent transfer occur before the obligation of the

Ms. Linda Lewis
April 4, 2002
Page 2
HOA to operate and maintain common areas is imposed by statute. In fact, Mr. Weinbach has no right
of access over the property to perform maintenance.
Whether the approved drainage and grading plans were followed? Our client
contends that the approved drainage and grading plans were followed as evidenced by
the certification of the Kure Beach Town Engineer, David Criser, a copy of which is
attached.
2. Who owns the common areas? Our client maintains that the common areas are owned
by the HOA as evidenced in the deed, a copy of which is attached hereto.
3. Who has responsibility for maintaining the wet detention pond? Our client
maintains that the HOA is responsible for maintaining the detention pond as it is a
common area pursuant to the North Carolina Planned Community Act.
4. Whether stockpiled material may be blocking drainage and may be keeping it from
reaching the detention pond? At this point, I am not able to respond to this allegation
pending an onsite inspection. Our client has no knowledge of stockpiled material
blocking drainage and denies that he caused or contributed to any material being
stockpiled in the development.
5. Whether Mr. Weinbach performed no maintenance on the system while he was on
site? Mr. Weinbach contends that he maintained the pond in the course of the
development of the property and, in fact, made significant modifications to the pond
prior to receipt of the certificate attached hereto.
Your letter indicates that Mr. Tim Fuller and Mr. Dean Lambeth have had discussion with you
concerning the detention pond. I will be contacting both Mr. Fuller and Mr. Lambeth in the near future
to discuss any concerns that they may have. I anticipate these conversations will take place within the
next two weeks and you can expect to receive supplemental correspondence from me following those
conversations. I ask that you please diary your file ahead to May 15, 2002 in order to allow me an
Opportunity to explore the HOA's concerns. During the interim, please contact me should you have any
questions or if 1 can be of assistance in any way.
Finally, you have requested I provide you with Mr. Weinbach's address which is 5216
Treybrooke Drive, Wilmington, North Carolina 28409. I ask that you please copy me on any
correspondence sent to Mr. Weinbach as well as advise me of you or anyone associated with the
Division of Water Quality or DNER wishes to speak with Mr. Weinbach.
Very truly yours,
��-dwd ��--
G. Edward Coleman, III `
GEC/jr

i�ichael =. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
March 8, 2002
Mr. Robert Weinbach, Beachwalk Development, Inc.
c/o Mr. Edward Coleman, Attorney
Hogue, Hill, Jones, Nash, & Lynch, LLP
101 South Third Street
Wilmington, NC 28401
Subject: Ownership/Compliance Issues
Beachwalk @Kure Beach
Stormwater Project No. SW8 960518
New Hanover County
Dear Mr. Coleman:
Thank you for getting in touch with the Division regarding the situation at Carolina Beach Village. I am
extremely glad to know that the pond will be repaired and brought back into compliance shortly. Your client is
involved in another matter. at Beachwalk Subdivision in Kure Beach. We respectfully request that you deliver this
letter to him, since Mr. Weinbach has refused all letters from the Division in the recent past. The Division received
your August 7, 2001, fax, in response to my letter of June 28, 2001. The events I referred to in that letter are
allegations made by the homeowners. They are questioning whether the approved drainage and grading plans were
followed, who owns .the common areas, and who has responsibility for maintaining the wet detention pond. Your
letter alleges that the common area was transferred to the HOA. If so, please provide a copy of the deeds and legal
documents that were filed. A search of the New Hanover County Tax records indicated that as of January 1, 2002,
Beachwalk Development, Inc., is still the owner of the common areas. Ifthe ownership has been changed since then,
please provide the Division with legal documentation of this transfer. If the common areas are not owned by the
HOA, the provisions of the North Carolina Planned Community Act cannot apply.
NCGS 143-215. 1 (b)(4)(a) allows the Commission to grant a permit with such conditions attached as the
Commission believes necessary to achieve the purposes ofArticle 21.On September 1,1998, Mr: RobertWeinbach,
as President of Beachwalk Development, Inc., applied for a modification to his previously issued stormwater
management permit and received a permit from the Commission to operate and maintain the detention pond at
Beachwalk. In the absence of a permit adjudication request, the Division concluded that all the terms and conditions
of the October 8, 1998, permit were satisfactory. In Section III, Part 1 of the permit, it clearly states that the permit
is not transferable and that in the event there is a desire for the facilities to change ownership, the permittee must
submit a Name/Ownership Change form and supporting documentation from the parties involved. Beachwalk
Development, Inc., remains the per.-nittee until such time as the Division approves the ownership transfer, and
reissues the permit. Mr. Weinbach did not notify the Division that a transfer of ownership had occurred, and the
permit has not been reissued to anyone else, therefore, Mr. Weinbach is the responsible party, in violation of his
permit, and subject to enforcement action.
AMMEMIR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.G. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Edward Coleman
March 8, 2002
Stormwater Permit No. SW8 960518
The issue of who is now responsible for pond maintenance is separate from the issue of Mr. Weinbach's lack
of permit compliance. Per Section II, Part 7 of the modified Stormwater Management Permit issued on October 8,
1998, pursuant to NCGS 143-215.1, I am requesting that a copy of the written maintenance records be submitted,
beginning in September, 1996, when the original permit was issued. Additionally, please provide Mr. Weinbach's
current mailing address. The homeowners have provided two addresses, one at 1901 London Lane and one at 127
Brascote Lane, both in Wilmington. The tax documents from New Hanover County indicate the mailing address
is 1009 N. Lake Park Boulevard, 4-A in Carolina Beach. The Division must be able to. contact Mr. Weinbach.
The homeowners allege that stockpiled material may be blocking drainage and may keep it from reaching
the detention pond, and that Mr. Weinbach performed no maintenance on the system while he was onsite. Mr. Tim
Fuller and Mr. Dean Lambeth both told me that Mr. Weinbach told them he did not intend to respond to any of the
Division's letters, or cooperate with the Division, or comply with any of the Division's requests regarding permit
compliance or transfer. If Mr. Weinbach is willing to address the Division' s compliance issues, the homeowners
would be more than willing to grant access to Mr. Weinbach so that he can perform any corrections to the grading
and the needed pond maintenance. The HOA could then sign the necessary documents to transfer the permit, and
Mr. Weinbach would be legally flee of the burden of permit compliance. The Division urges both Mr. Weinbach
and the HOA and come to some kind of understanding regarding their concerns. If this is not done, the Division will
consider it's options to bring closure to this issue. One of those options could be to bring actions against both Mr.
Weinbach and the HOA and let the judge decide who is responsible for what.
Please respond to this letter in writing by April 8, 2002. Failure to address these items will result in the
initiation of enforcement action. If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
't ' v v
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960518.MAR
cc: Linda Lewis
Dean Lambeth

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PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789

October 31, 2001
�3r �
Mr. Robert Weinbach, Beachwalk Development, Inc.
C/o Mr. William O.J. Lynch, Attorney ] j
Hogue, Hill, Jones, Nash, & Lynch, LLP
101 South Third Street
Wilmington, NC 28402
Subject: Ownership/Compliance Issues
Beachwalk @Kure Beach
Stormwater Project No. SW8 960518
New Hanover County
Dear Mr. Lynch:
The Division is in receipt of your August 7, 2001, fax, in response to my letter of June 28, 2001. The
events I referred to in that letter are allegations made by the homeowners. They are questioning whether the
original drainage and grading plans were followed, who owns the common areas, and who has responsibility
for maintaining the wet detention pond. If the common area was transferred to the HOA, as indicated in your
letter, please provide a copy of those deeds and legal documents. A search of the New Hanover County Tax
records indicated that as of January 1, 2001, Beachw lk Development, Inc., is the owner of the common areas.
If the ownership has been changed since then, please provide the Division with legal documentation of this
transfer. If the common areas are not owned by the HOA, the provisions of the North Carolina Planned
Community Act cannot apply.
NCGS 143-215. 1 (b)(4)(a) allows the Commission to grant a permit with such conditions attached as
the Commission believes necessary to achieve the purposes of Article 21.On September 1,1998, Mr. Robert
Weinbach, as President of Beachwalk Development, Inc., applied for a modification to his previously issued
stormwater management permit and entered into a legal agreement with the Commission to operate and
maintain the detention pond at Beachwalk. In the absence of a permit adjudication request, the Division must
conclude that all the terms and conditions of the October 8, 1998, permit were satisfactory. In two separate
places, according to the final and binding terms, the permit requires that he submit a modification and
supporting documentation from BOTH parties involved to transfer ownership. The fact that he is no longer
associated with the development is beside the point. Since the Division was not made aware that anv transfer.
of ownership had occurred, and the permit has not been superceded, Mr. Weinbach is in violation of his
permit, and is subject to enforcement action.
The issue of who is now responsible for pond maintenance is separate from the issue of Mr.
Weinbach's lack of permit compliance. Per Section II, Part 7 of the modified Stormwater Management Permit
issued on October 8, 1998, pursuant to NCGS 143-215.1, I am requesting that a copy of the written
maintenance records be submitted, beginning in September, 1996, when the original permit was issued.
Additionally, please provide Mr. Weinbach's current mailing address. As of June, 2001, the homeowners
have provided two addresses, one in Landfall at 1901 London Lane and one at 127 Brascote Lane, both in
Wilmington. The tax documents from New Hanover County indicate the mailing address is 1009 N. Lake Park
Boulevard, 4-A in Carolina Beach.

The homeowners allege that when the Kure Village p rid w c 4 sorn ,kpi ateri was
left: do site and may be blocking some drainage from reachi �the.te�ritio pond, an that `Mr: Wei ach
�.ii
performed no maintenance on the system while he was onsite. Mr. Tim Fuller and Mr. Dean Lambeth both
told me that Mr. Weinbach told them he did not intend to respond to any of the Division's letters, or cooperate
with the Division, or comply with any of the Division's requests regarding permit compliance or transfer. If
the Division' s compliance issues are addressed, the homeowners would be more than willing to grant access
to perform any corrections to the grading, to perform needed pond maintenance, and to sign the necessary
documents to transfer the permit. The Division urges Mr. Weinbach to meet with the HOA and come to some
kind of understanding regarding their concerns. If this is not done, the Division will consider it's options to
bring closure to this issue. One of those options is to bring actions against both Mr. Weinbach and the HOA
and let the judge decide who is responsible for what.
Now that a contact for Mr. Weinbach has been established, I am hereby informing him that he also
needs to address the situation at Carolina Beach Village, for which he is also the permittee, and for which
several violations and unanswered inspection reports exist. The issues there are similar to what has occurred
at Beachwalk. The project was not constructed in accordance with the approved plans, has not been certified
by the designer, and the permit has not been legally transferred to the HOA. I have attached copies of all those
letters.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAnLETTERS\960518.AUG
CC' Linda Lewis
David S. Hollis, P.E.

Dawning Creek/Whispering Pines:
Permittee built two neighboring subdivisions several years apart. Pond certified for Dawning Creek (older
subdivision) was modified to accept drainage from Whispering Pines (new one). Owner was HOA president
for Dawning Creek and signed paperwork to allow this. The SW certification/perni t was never officially
transferred to the HOA, but all the legal transfers of common area did occur, per the covenants and
restrictions. Now, Dawning Creek wants Whispering Pines to help pay for the pond maintenance. Typical case
of a subdivision whose permittee never transferred SW permit to HOA, and never made necessary financial
arrangements to get Whispering Pines to pay for their share of maintenance. Our role? Options for HOA?
Consider new guidance for allowing offsite runoff into ponds? Documentation for establishing cost -sharing
between subdivisions.
HOA ii_&4s ho R 7 / ?w J •e,-
P&_i r M _217e-e hC1,11 '74P,_- Svv
Beachwalk SD
Another case similar to Dawning Creek above. Permittee, as President of HOA, made a deal with Kure
Village to treat their water in Beachwalk pond. Permittee made no financial arrangements for long-term
maintenance, and did not officially transfer SW permit. Recorded plat makes reference to maintenance of
common areas is the responsibility of Beachwalk, but no deeds were ever recorded. If permittee does not
transfer permit, is he guilty of non-compliance? What can we do to get compliance?
Planned 2Lf
A411,41Q �. ill-- —
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b�4 ? coo pt '-, rep' .
Dumping of substances into wet detention ponds? Cooking grease, trash can washwater, oil, grease, more
serious substances, etc.? Guilty of anything?
L e.f ll-I -10
z

Crosswinds:
Need to get straight on original call that they could submit new application for offsite water under 1988 rules -
now we are requiring a modification under new rules.
t 0. l 13
Nat 0 CU", P b an « t4 Perm l"f'-,
illaeese_
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C UmJ, w c e 64-;/ Gh C ", '-M 1' &VII hot s olve- prvk�l-E'.r► .
Demarest Village:
Neighbors contesting issuance of 1999 permit based on 2001 chlorides test results. Can permit be contested
almost 2 years after issuing? If yes, can test results from 2 years later be used? Original test conditions can
never be duplicated exactly. Open up possible that every permit issued using chlorides testing may be
contested.
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ACTION: ? SCREEN: STNT USERID: PUBL
7067641 2001 TAX STATEMENT 10 29 01
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE
KD R09200-001-095-000 0
0
0
0
LEGAL : COMMON AREA/POND BEACHWALK AT KURE
BEACH
LOCATION : 810 SETTLERS LN C/A
1/1/01 OWNER: BEACHWALK DEVELOPMENT INC
TAX
TAX
DESCRIPTION
RATE
ASSESSED
BALANCE
------------
KURE
------
0.2950
----------
0.00
----------
0.00
NH COUNTY
0.6900
0.00
0.00
BEACHWALK DEVELOPMENT INC
1009 LAKE PARK BLV N 4-A
CAROLINA BEACH NC 28429
REMIT TO: NEW HANOVER CO TAX OFFICE
P.D. BOX 9004 # TOTAL AMOUNT DUE 10/29/01 0.00
WILMINGTON, NC 28402 NO PRIOR YEARS TAXES DUE FOR THIS PARCEL i
ACTION: ? SCREEN: STNT USERID: PUBL
7067650 2001 TAX STATEMENT 10 29 01
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE
KB
R09200-001-096-000
0 0
0
0
LEGAL
COMMON AREA/POND BEACHWALK AT KURE BEACH
LOCATION
: 509 SURF DR C/A
1/1/01 OWNER: BEACHWALK DEVELOPMENT
INC
TAX
TAX
DESCRIPTION RATE
ASSESSED
BALANCE
------------ ------
KURE 0.2950
--------------------
0.00
0.00
NH COUNTY 0.6900
0.00
0.00
BEACHWALK
DEVELOPMENT INC
1009 LAKE
PARK BLV N 4-A
CAROLINA
BEACH NC 28428
REMIT TO:
NEW HANOVER CO TAX OFFICE
P.O. BOX 9004
TOTAL AMOUNT DUE
10/29/01 :
0.00
WILMINGTON, NC 28402
NO PRIOR YEARS TAXES
DUE FOR THIS
PARCEL i

ACTION: ? SCREEN: STNT USERID: PUBL
7067668
2001 TAX STATEMENT
10 29 01
TAX DIST
PARCEL ID NUMBER PERS VALUE REAL VALUE
EXEMPTIONS
TAX VALUE
KB
R09200-001-097-000 0 0
0
0
LEGAL
: COMMON AREA/POOL BEACHNALK AT KURE BEACH
LOCATION
: 121 SETTLERS LN C/A
1/i/01 OWNER: BEACHNALK DEVELOPMENT INC
TAX
TAX
DESCRIPTION RATE
------------
ASSESSED
BALANCE
------
KURE 0.2950
----------
0.00
----------
0.00
NH COUNTY 0.6900
0.00
0.00
BEACHNALK
DEVELOPMENT INC
1009 LAKE
PARK BLV N 4-A
CAROLINA
BEACH NC 2842E
REMIT TO:
NEW HANOVER CO TAX OFFICE
P.O. BOX 9004 f TOTAL AMOUNT DUE
10/29/01 ;
0.00
WILMINGTON, NC 28402 NO PRIOR YEARS TAXES DUE FOR THIS PARCEL #
ACTION: ? SCREEN: STNT USERID: PURL
7067625 2001 TAX STATEMENT 10 29 01
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS TAX VALUE
KB
R09200-001-094-000
0 0
0
0
LEGAL
: COMMON AREA BEACHNALK
AT KURE BEACH
LOCATION
: 330 SETTLERS LN C/A
1/1/01 OWNER: BEACHNALK DEVELOPMENT
INC
TAX
TAX
DESCRIPTION RATE
ASSESSED
BALANCE
------------ ------
KURE 0.2950
--------------------
0.00
0.00
NH COUNTY 0.6900
0.00
0.00
BEACHNALK
DEVELGPMENT-INC
1009 LAKE
PARK BLV N 4-A
CAROLINA
BEACH NC 28428
REMIT TO:
NEW HANOVER CO TAX OFFICE
P.O. BOX 9004
TOTAL AMOUNT DUE
10/29/01
0.00
WILMINGTON, NC 28402
NO PRIOR YEARS TAXES
DUE FOR THIS
PARCEL #

* * * COMMUNICATION RESULT REPORT ( OCT.29.2001 3:33PM )
P. 1
FILE MODE OPTION
858 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
Gov OVAL %
0
ADDRESS (GROUP)
DOJ RAL T----oK
T
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
PAGE
P. 6r6
Michael F. Easley, Governor
William C. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: October 29, 2001
To: ' Jill Hickey
Company: Attorney General Vnvironmental
FAX M. I
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
o. of Pages. ; 6
From: Linda Lewis
Water QualYty Section - Sto>rmwater
FAX N 910-350 2004
Phone [phone]
D WQ Stormwater Project Nmnbers. SWS 96051S i SWS 960605 i $WS 93020E
Prgject Name: Beachwalk Subdivision 1 Something Mshy / Dawning Creek Subdivision
1VIESSAGE:
As indicate4 in my email of today, `
1
I f J

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: October 29, 2001
To: Jill Hickey
Company: Attorney General Environmental
FAX #: , & 117
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 6
From: Linda Lewis JO-�
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Numbers: SW8 960518 / SW8 960608 / SW8 930208
Project Name: Beachwalk Subdivision / Something Fishy / Dawning Creek Subdivision
MESSAGE:
As indicated in my email of today. 1
S:1WQSISTORMWAnADDINF.01960518.00T
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

AP30-- @8 ' 02 04 = 36PM HHJNL P.1
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
910/763-4565
Date: April 8, 2002
Please deliver to
Name and fax number:
fax: [phone]
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
350-2004
From: G. Edward Coleman, III
Pages;
Re: Beachwalk at Kure Beach
Comments:

R_PR 09 '02 04:37PM HHJNL
P.2
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
W. TALMAGE JONES
DAVID A. NASH
WILLIAM O. J. LYNCH
JAMES B. SNOW III
WAYNE A. BULLARD
STACEY L. FULLER
G. EDWARD COLEMAN III
VIA FACSIMILE - 350-2004
Ms. Linda Lewis
North Carolina Division of
Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach
Dear Ms. Lewis:
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
April 8, 2002
MAILING ADDRESS
P.O. DRAWER 2178
WILMINGTON, NC 28402
TELEPHONE [phone]
FACSIMILE 910-762-6687
OF COUNSEL
CYRUS D. HOGUE, JR.
WILLIAM L. HILL, II (1931.2001)
This will confirm receipt of your correspondence of March 8, 2002 addressed to my attention
regarding ownership/compliance issues with respect to the Beachwalk @ Kure Beach under Stonnwater
Project Number SW8-960518. In addition, I have reviewed a copy of your correspondence dated June
28, 2001 to our client, Mr. Bob Weinbach, as well as Mr. Bill Lynch's reply correspondence dated
August 7, 2001.
In reviewing both of your aforementioned letters, it seems the issues addressed by the Division
of Water Quality and/or DNER are limited to ownership and/or compliance as there are no allegations
in either of your letters on behalf of the Division of Water Quality and/or DENR with respect to the
drainage and grading plans. I note in your March 8, 2002 correspondence that the HOA is questioning
whether the approved drainage and grading plans were followed. Mr. Weinbach contends that the
drainage and grading plans were followed as evidenced in the attached certification of Mr. David Hollis
as well as by the fact that the project was approved by the Town of Kure Beach engineer, Mr. David
Criser. I anticipate l will be in receipt of the approved final drainage and grading plans early this week
and we will promptly provide you with a copy.
Your correspondence of March 8, 2002, also indicates that homeowners are alleging that
stockpile material may be blocking drainage and that Mr. Weinbach perfonmed no maintenance on the
system while he was on site. As I have not had an opportunity to make an onsite inspection with our
engineer, Mr. Davis Hollis, I aln not able to respond to the allegation that the stockpile material may be
blocking drainage. ]however, Mr. Weinbach maintains that he performed maintenance on the system
while he was on site and has neither caused nor contributed to material being stockpiled.
More importantly, Mr. Weinbach has authorized me to contact the homeowners you identify in
your correspondence (Mr. Tim Fuller and Mr, Dean Lambeth) in addition to the property manager, Mr.
Bob McCoy, to discuss any concerns the homeowners and/or HOA may have. In addition, I will be
meeting with Mr. Weinbach's prior attorney, Mr. Ned Barnes, to discuss the negotiations between Mr.
Weinbach and the Homeowner's Association with respect to transfering the common areas and

PPR 08 '02 04:37PM HHJNL
P.3
maintenance of the common areas, It is my understanding that a deed transfer in the common areas
(including the detention ponds) was tendered to Mr. McCoy some time ago and that the HOA has not
recorded the Deed.
I anticipate speaking with Mr. Fuller, Mr. Lambeth, Mr. McCoy and Mr. Barnes within the next
three weeks. Further, I will be inspecting the ponds with Mr. Weinbach's engineer, Mr. Hollis, within
the same time frame. As a result, I respectfully request that the Division of Water Quality refrain from
the initiation of enforcement action until I have supplemented this correspondence which will be done
by Monday, April 29, 2002.
1 sincerely appreciate your cooperation and ask that you please contact me should you have any
questions or if I can be of assistance in any way.
Very truly yours,
�41
G. Edward Coleman, III
GEC/jr
cc; Mr. Bob Weinbach

APR 06 ' 0Z 04 : 37PM HH„NL V er Design
• FIpr•'.03 02 03%31p
910-343-8841 P•4 p.6
Beathwalk *Kurc Beach
StotmwatuTermit No. SW8 960518
New Hanover County
Engineer's Certification
+—P L � k 5 , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically/weeldy/full time) the construction of the project,
C'± (Project)
for 'Ia, k 1�&gL*RuaZ the project Ow=) hereby SM Ilt, 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 specifications:
Signature
(—:;
Registration xumber 2C. DOO 7
Dam 4 - c�5 -me'
CARD '
SEAL c
20007 0 SEAL
S.
7

HOGUE, HILL, JONES, NASH & LYNCH, L.L.P
101 SOUTH THIRD STREET
WILMINGTON, NC 28401 P.O. DRAWER 2178
W. TALMAGE JONES
WILMINGTON, NC 28402
TELEPHONE [phone]
DAVID A. NASH
FACSIMILE 910-762-6687
WILLIAM O. J. LYNCH
JAMES B. SNOW III
OF COUNSEL
WAYNE A. BULLARD
CYRUS D. HOGUE, JR.
August 6, 2002
STACEY L. FULLER
WILLIAM L. HILL, II (1931-2001)
G. EDWARD COLEMAN III
ATTORNEYS AT LAW
Ms. Linda Lewis{
North Carolina Division of
Water
Quality � ��� �`y� : • ��;,,. ,
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Beachwalk at Kure Beach - - - -
Our File 279-GEC-02
Dear Ms. Lewis:
This will confirm our conversation last week regarding the issues between the
Beachwalk at Kure Beach Homeowners Association and my client, Mr. Bob Weinbach
as well as your concerns with respect to the storm water management system ("the
system") at Beachwalk. During the course of our conversation, we reviewed in detail
the demands of the HOA (many of which we believe do not pertain to the system) as
well as the demand presented by the HOA that the system be re -certified before the
HOA will agree to accept transfer of the Permit. In the course of our conversation you
advised that the pond must be re -certified in order for your office to approve transfer,
even though the pond has been certified by Mr. David Hollis.
Following our most recent conversation, I contacted Mr. Hollis to inquire as to his
availability for inspection of the system. During the course of my conversation with Mr.
Hollis we reviewed his involvement to date. The original Permit Application was
approved on September 9, 1996 and included consideration for storm water runoff from
Kure Dunes (specifically accounting for 4.5 acres at 70% impervious). Thereafter, Mr.
Hollis inspected the storm water drainage system for certification and discovered that
the system, as constructed, could not be certified due to minor deviations from the
approved plans. Working with your office, Mr. Weinbach applied for a Modification
Permit using the as -built plans. The Modification Permit was granted on April 6, 1998.
Thereafter, Mr. Hollis certified the storm water drainage system on April 13, 1998. It is
Mr. Hollis' position, based on my recent conversations with him over the last two days,
that both the modification and storm water runoff from Kure Dunes were considered in
his certification.
As we discussed, Mr. Weinbach is prepared to incur the expense associated with
performing the tasks requested by the HOA which include:

Ms. Linda Lewis
August 6, 2002
Page 2
(1) filling a small area on the eastern bank of the drainage ditch near
the southernmost point of the drainage system and covering the
dirt with sod;
(2) sodding a roughly 90 feet by 5 feet bank on the western side of the
southernmost drainage ditch;
(3) removing sediment buildup in the drainage ditch between the
northern pond and the southern pond. Mr. Weinbach will have this
done by hand in order to minimize the effect on the landscaping of
the adjacent homes; and
(4) removal of a large amount of dirt on the common area adjacent to
the northern boundary. Following removal of the dirt,
Mr. Weinbach will grade and seed the area. The removal of dirt
has already begun.
In exchange for Mr. Weinbach completing the aforementioned tasks, he has
requested that the HOA assume transfer of the Permit. Therefore, the remaining issue
is whether the system must be re -certified in order to gain approval of your office. I ask
that you please review your file as well as the enclosed documents and provide me with
your opinion as to whether re -certification is necessary.
I have enclosed a copy of pertinent documents from my file including both the
original Application and resulting Permit dated September 9, 1996; Modification
Application and resulting Permit dated April 6, 1998; April 13, 1998 Certification; and
pertinent correspondence. I previously forwarded to your attention, via hand delivery
on April 24, 2002, a copy of the Certified As -Built Blueprints.
I sincerely appreciate your cooperation and look forward to hearing from you.
Very truly yours,
G. Edward Coleman, III
GECIII/yc
cc: Mr. Robert Weinbach
S:\WOJL\WeinbachRobt\Beadhwalk-DetenPond\Lewis.itr5

()� W A TF9�
F Y
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. G. Edward Coleman, III, Attorney
Hogue, Hill, Jones, Nash & Lynch, LLP
101 South Third Street
Wilmington, NC 28401
Dear Mr. Coleman:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
August 19, 2002
Subject: Pond Re -certification
Beachwalk @Kure Beach
Stormwater Project No. SW8 960518
New Hanover County
Iam in receipt your letter of August 6, 2002, on behalf of your client, Bob Weinbach,
regarding the Beachwalk pond re -certification. After much discussion with you, the
homeowners, and input from Central Office staff, it appears to me that the homeowners main
issue revolves around the uncertainty of the pond's depth. If this is the pivotal issue, then it would
be in your client's best interest to have the pond's depth checked by a disinterested third party. A
full re -certification is not necessary, since all other permitted requirements of the pond design
have been verified as provided by the engineer prior to the most recent modification in 1998.
Once the depth is checked, and assuming it needs to be cleaned out, it will be up to Mr.
Weinbach and the homeowners to negotiate the terms for who will pay for what. Both sides need
to acknowledge their parts in creating this situation. The homeowners need to be aware that they
have enjoyed the use of this pond since 1996. Mr. Weinbach needs to remember that he violated
his permit by not submitting a formal request to the Division to transfer the permit to the HOA.
The fact that the Kure Dunes homeowners will not be contributing to the cost of maintaining the
pond that they enjoy the benefit of does not sit well, but I am here only to protect surface waters
from stormwater runoff pollution, not to negotiate a deal-Pll leave that to you. i encourage both
parties to sit down and reach a reasonable compromise rather than point fingers and assign
blame.
Due to the extended time frame that has resulted from this standoff,1 any forced to place a
time limit on reaching a compromise before I initiate additional enforcement action. Please get
this resolved prior to October 19, 2002. Ed, it has been a real pleasure dealing with you, and I
look forward to the equitable resolution of this situation in the near future. Upon satisfactory
resolution, please forward all the necessary paperwork to my office for processing.
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960518.AUG
cc: Dean Lambeth
Linda Lewis
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

* * * COMMUNICATION RESULT REPORT ( OCT.26.2081 3:
P. 1
FILE MODE OPTION
- 820 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
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ADDRESS (GROUP)
9-3439941
- NCDENR IWIRO- �
::�--7---RESULT -------%PAGE---
OK �`+ P. 1/1
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
I31VIsion of Water Quality
Wilmington Regional Office
FAX
Date: October 26, 2001 No, of Pago: 1 \
TO: David Hollis, P.E. From: Linda Lewis
company: Hanover Design Water Quality Section - Stowator
r
r FAX #: 343- 9Q1 FAX # [phone]
DWQ $tormwftter Project Number; SW9 96051i8
Project Name: Beachwallt Subdivision
MESSAGE:
To answer your question coucerning those 11 lots at Marsh Oaks. I have no trouble in, allowing them to be
incorporated into the next phase to get a larger per lot BUA. Is your client willing to address the problems with the
existing subdivision curb outlet swales and gait =til everything is cleared up and that phase is permitted before
selling or developing those 11 lots?

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
FAX COVER SHEET
Date: October 26, 2001
To: David Hollis, P.E.
Company: Hanover Design
FAX #: [phone]
DWQ Stormwater Project Number: SW8 960518
Project Name: Beachwalk Subdivision
MESSAGE:
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
To answer your question concerning those 11 lots at Marsh Oaks. 1 have no trouble in allowing them to be
incorporated into the next phase to get a larger per lot BUA. Is your client willing to address the problems with the
existing subdivision curb outlet swales and wait until everything is cleared up and that phase is permitted before
selling or developing those 11 lots?
In another matter, do you still have an old set of blueprints or originals for Beachwalk? I did an inspection there
a few months ago, and somehow lost my plan set. I would certainly pay you for a copy of those plans. Thanks,
Linda
S:1WQSISTORMWATIADDINF01960518.00T
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

■ Thursday, October 18, 2001 6:07 PM FERG SULL 9104585122
■
3
October 18, 2001
Ms. Linda Lewis
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, N. C. 28405
Subject: Beachwalk
Kure Beach, N. C.
Dear Ms. Lewis:
Several months ago, you were gracious enough to spend some time with Mr. Dean
Lambeth and me discussing the permits for the retention ponds at Beachwalk.
Since that meeting, there has been correspondence between your office and the developer
of Beachwalk concerning transfer of the permit for the ponds. Our last conversation was
that you had referred the matter to the Attomey General's office for review and comment.
There is a Beachwalk Homeowner's Association meeting Saturday, October 20 and I
would like to be able to update the homeowner's on the status of the pond permits.
Please take a few minutes to call or fax me with the latest information mi this matter.
My phone number is 458-6900. My fax ntunber is 458-5122. If it is more convenient for
you, my e-mail address is [e-mail].
Thank you for your assistance in tivs matter.
Snicerely,
Tim Fuller
133 Settlers Lane
Kure Beach, N. C. 28449
cc: Dean Lambeth
P.01

Maintenance responsibility
Subject: Maintenance responsibility
Date: Mon, 20 Aug 2001 12:45:04 -0400
From: Linda Lewis <[e-mail]>
Organization: NC DENR
To: Bradley Bennett <[e-mail]>,
Jill Hickey <jhickey@mail jus.state.nc.us>
Dear Bradley:
We permitted a wet pond back in 1998. The permittee basically walked
away and left the HOA with the maintenance responsibility. No transfer
of ownership was done for the permit, but the permittee noted on the
approved plans that the HOA would be responsible for the common areas.
The lawyer for the permittee says that the NC Planned Community Act
(NCGS 47F-3-107) placed the obligation to maintain common facilites on
the HOA.
The lawyer says the statute does not require a name/ownerhip change form
or any permit transfer to occur before the HOA is obliged to operate and
maintain the common areas. He wants to know our authority to
"contravene" the Planned Community Act and where in any NCAC section
does it require a name/ownership change form to be signed by an officer
of the HOA in order for the developer to be relieved from maintenance
responsibility.
You may remember, we were having problems in the past with developers
signing as the president of the HOA, we would transfer the permit to the
HOA, but the HOA still had no idea what it had gotton into when the
developer turned over everything. We never got names changes or
transfers of ownerships. When we did an inspection and had a laundry
list of compliance issues, the HOA usually didn't have a clue that they
were responsible for the pond. In order to prevent these problems, we
issued permits only to developers, and required that the subdivison be
50% built -out, or that the developer no longer have the controlling
interest, and that an officer in the HOA sign the transfer or ownership
so we could be assured that they understood what is was they were taking
over. Our efforts to make sure our permitted faciliites are being
maintained are being questioned for their legality.
Linda
1. of 1 8/20/2001 3:24 PM

AUG 07 101 11:44AM HHJNL P.2
HOGUE, HILL, JONES, NASH 8( LYNCH, L-L.P.
ATTORNEYS AT LAW
101 SOUTH THIRD STREET
WILMINGTON, NC 28401
W. TALMAGE JCNES
OF COHNSS6
DAY10 A. NASH
CYRUS D. HOG UK, in,
WILLIAM O. J. LYNCH
WILLIAM L. HILL, II
JAMES B. SNOW, III
WAYNE A. BULLARD
MA16.INb ADORExF
P. O. DRAWER 2178
STACEY L. FULLER
WILMINOTON, NC 28A02
GEORGE EDWARD GOLEMAN, III
TRLcowvl. r 010-762.486E
FAC-ImiLF 01 O-762-8697
August 7, 2001
VIA FAX. [phone]
Ms. Linda Lewis
Environmental Engineer
State of North Carolina
Department of Environment and
Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re; Transfer of Ownership for Beachwalk Development
St:ormwater Permit No. SW8 960518
New Hanover County
Dear Ms. Lewis;
I am writing in regard to your letter to Bob Weinbach of June 28, 2001. 1 would
like the following information, if it is available to you, concerning issues raised in your
letter.
The letter states that several events have occurred which require my client's
immediate attention. We would appreciate knowing to what events you are referring.
You are correct in your understanding that Mr. Weinbach is not now associated
with the project. He has sold all lots and transferred all common area, including
retention ponds, to the homeowners' association.
Your letter states that Section III, Part 1 of the permit does not allow its transfer
without completion of a name/ownership change form. We would like a copy of the
form. However, no one with the homeowners' association will agree to sign the form.
Your letter further states that until the name/ownership change form is approved,
legal responsibility for maintaining the pond remains with my client. There is nothing in
Section III, Part 1 of the permit which requires my client to be responsible for

AUG 07 '01 11:44AM HHJNL
P.3
Ms. Linda Lewis
Page 2
maintenance of the pond after it has transferred title to the HOA. Indeed, he has no
right of access over their property to perform any maintenance.
The North Carolina Planned Community Act (specifically N.C.G.S. 47F-3-107)
places the obligation for operation and maintenance of common facilities upon the HOA
for each planned community, The statutory provision does not require that a name/
ownership change form or any permit transfer occur before the obligation of the HOA to
operate and maintain common areas is imposed by statute. I can find nothing in 15A
N.C.A.C. 2.1-1.1001, et sec. to contradict the Planned Community Act or to otherwise
attempt to place responsibility on a developer until any officer or other representative of
an HOA signs a name/ownership change form.
Based on the foregoing comments, my last questions are: On what authority @
can DENR contravene by regulation or permit terms the provisions of the Planned
Community Act which clearly places responsibility for pond maintenance on HOA's, and
(ii) where in Chapter 143 or any applicable provisions of the North Carolina
Administrative Code is it required that an ownership/name change form be signed by an
officer of an HOA in order for the developer to be relieved from maintenance
responsibility.
Please cull if you have any questions.
Very truly yours,
William 0, J. Lynch
WOJL/vms
BaWOJL\Terr-PremierlDENPrLeOr,-Ilr wpd

Jul 02 01 02:10p Tim Fuller
910-458-5122
Fax
Please deliver immediately to: Linda Lewis
of: NC DENR
Fax number: 3502004
Voice number:
Fax received from: Tim Fuller
of: Ferguson/Sullivan
Fax number: 910-458-5122
Volce number: 910-233-8658
Date: 7/2/01
Time: 2:10:11 PM
Number of Pages: 1
Subject: Beachwalk
Message, 0
ob Weinbach's address in Landfall is
Robert A. Weinbach
1901 London Lane
Wilmington, N. C. 28405

North Carolina
Department of Environment and Natural Resources
4 � ■
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor RCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMEMr AND NATURAL RESOURCES
June 28, 2001
CERTIFIED MAIL #70001530 0001 0444 2104
RETURN RECEIPT REQUESTED
Mr. Robert Weinbach
127 Brascote Lane
Wilmington, NC 28412
Subject: Transfer of Ownership for
Beachwalk Development
Stormwater Permit No. SW8 960518
New Hanover County
Dear Mr. Weinbach:
On October 8, 1998, the Division of Water Quality issued you a modified Stormwater Management Permit
for the development known as Beachwalk @Kure Beach. The modification was issued to allow for the runoff from
Inure Dunes to be treated in the wet detention pond approved for Beachwalk. Since 'that time, several events have
occurred which. require your immediate attention.
It is my understanding that you are no'longer associated with this project. Per the requirements of Section
III, Part 1 of your permit, a name/ownership change form must be completed and submitted along with other
supporting documentation in order to transfer the permit and maintenance responsibility to the Homeowner's
Association. Until this is done, you will remain legally responsible for maintaining the pond and the project in
compliance with the permit conditions.
The Division is requesting that you meet with the HOA and resolve any outstanding issues with them,
complete the appropriate form to transfer the permit and submit it along with the required supporting documentation.
Once the site is determined to be compliance, the permit will be transferred. Please respond to this letter by July
28, 2.001. Failure to respond by the due date will result in the initiation of enforcement action, which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
41tl 4"
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\LETTERS\960518.JUN
cc: Linda Lewis
Central Files
David Hollis, P.E.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

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. AUG 07 101 11:43AM HHJNL
P.1
TO
FAX NUMBER
FROM
NO. OF PAGE;
COMMENTS:
FAX TRANSMISSION
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
Attorneys at Law
101 South Third Street, P. O. Drawer 2178
Wilmington, NC 28402
9101763.4665
fax; 910r762-6687
Linda Lewis
350-2004
William 0, J. lynch
3
8/8/01
V
CONFIDENTIAL AND PRIVILEGED
The Information contained In this facsimile is privileged and confidential and intended for the sole use of the addressee. If you are
not the intended recipient, or the employee or agent of the Intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited, if you have reCeived this FAX In error, please immediately notify
the sender listed above and return the original message at the agave address.

�VJun 28 01 05:33a Tim Fuller
910-458-5122
Fax
Please deliver immediately to: Linda Lewis
of: NC DENR
Fax number: 3502004
Voice number:
Fax received from: Tim Fuller
of: Ferguson/Sullivan
Fax number: 910-458-5122
Voice number: 910-233-8658
Date: 6/28/01
Time: 5:32:43 AM
Number of Pages: 1
Subject: Beachwalk, Kure Beach, N. C.
Message:
address our property manager uses for Bob Weinbach is:
127 Brascott Lane
Wilmington, N. C. 28412
hope this is helpful.
Tim Fuller
133 Settlers Lane
Kure Beach, N. C. 28449
910.458,6900