SW8940217_HISTORICAL FILE_20120423

/
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 �Lio2i'1
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20i2-0L12.3
YYYYMMDD

&4#
A
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
April 23, 2012
Mr. Bryan Strickland, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
Subject: Stormwater Permit No=SW8 940217=Renewal, Ownership Change, Modification
The Keys at Kure Beach
High Density Subdivision Project
New Hanover County
Dear Mr. Strickland:
The Wilmington Regional Office received a transfer application package on March 2, 2012 which was processed on
April 20, 2012. A complete Stormwater Management Permit Renewal Application was received for the subject
project on April 19, 2012. The Division is hereby notifying you that permit SW8 940217 has been modified and
renewed on April 23, 2012, and shall be effective until November 6, 2013. This modification combines SW8 940217
and SW8 950814 (formerly Kure Beach Village Phase III), which has been rescinded by a separate letter on April 23,
2102. The plans previously approved for both permit numbers on November 6, 1995, in accordance with the
regulations set forth in Title 15A NCAC 21-1.1000 effective September 1, 1995, remain in full force and effect. This
site was inspected on March 30, 2012. The site is currently in compliance with the terms and conditions of this
renewed state stormwater permit. 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. Deed restrictions are no longer required for this permit. If any
parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition
must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty
(30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing
fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding. If you have any questions, or need additional information concerning this matter, please
contact Kelly Johnson, or me at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS/kpj: S:IWQSIStormWaterlPermits & Projects119941940217 HD12012 04 permit 940217
cc: Bradford Sedgwick, PE
Inspector, New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 1�TOne 1
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748 1 � orth Carolina,
Internet: www.ncwaterquality.org a'atura//ff
An Equal Opportunity\Atnonative Action Employer (/Vli {{1(`

State Stormwater Management Systems
Permit No. SW8 940217
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
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
The Keys at Kure Beach Homeowner's Association, Inc.
New Hanover County
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with the provisions of
15A NCAC 2H .1000, effective January 1, 1995 (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 Environmental Management and considered a part of this permit.
This permit shall be effective from the date of issuance until November 6, 2013 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.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of
the permit.

State Stormwater Management Systems
Permit No. SW8 940217
4. 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:
Onsite, ft2:
Offsite, ft2:
b. Total Impervious Surfaces, ftZ: BUA
Lots at bua per lot ft2:
Roads/Parking, ft2:
Sidewalks, ft2:
Pool house / Rec. Area, ft2:
Offsite, ft2:
C. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Permitted Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL:
j. Controlling Orifice, inches:
k. Permanent Pool Volume, ft3:
I. Forebay Volume, ft3:
m. Maximum Fountain Horsepower:
n. Receiving Stream / River Basin:
o. Stream Index Number:
p. Classification of Water Body:
25.51
1,111,216
0
580,220
296,320
203,480
73,600
6,820
0
4.0
90%
1.0
14.35
59,850
57,935
15.30
3.0
214,024
N/A
3/4
Atlantic Ocean / Cape Fear
99 — (3)
"SB"
5. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (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.
6. Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in the supporting
calculations and per approved plans.
7. The permittee is responsible for verifying that the proposed home plans do not exceed the allowable
built -upon area. Once the lot transfer is complete, the home plan may not be revised without approval from
the permittee, and responsibility for meeting the built -upon area limit is transferred to the individual
homeowner.
8. The following items will require a modification to the permit:
a. My 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 of the project area.
f. In addition, the Director may determine that other revisions to the project should require a
modification to the permit.

State Stormwater Management Systems
Permit No. SW8 940217
9. 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.
II. SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the stormwater
management system:
a. The stormwater management system shall be constructed in its entirety, vegetated and operational
for its intended use prior to the construction of any built -upon surfaces except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
2. The facilities must be properly maintained and operated at all times. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency 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 outlet structure, orifice device and catch basins and piping.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel of
DEM. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
5. Deed restrictions: Deed restrictions are not required for this subdivision. As shown on the approved
plans, the maximum possible impervious area for the subdivision is 576,179 square feet which is below the
permitted 580,220 square feet of impervious area that the pond can accommodate.
6. 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.
7. 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. Mail the Certification to the Wilmington Regional
Office, 127 Cardinal Drive Extension, Wilmington, North Carolina, 28405, attention Water Quality Section.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of five years from the date of the completion of construction.

State Stormwater Management Systems
Permit No. SW8 940217
Ill. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of
Environmental Management accompanied by an application fee, documentation from the parties involved,
and other supporting materials as may be appropriate. The approval of this request will be considered on
its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Environmental Management, in accordance with North Carolina
General Statute 143-215.6(a) to 143-215.6(c).
3. 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.
4. 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.
5. 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.
6. The permit is hereby renewed subject to the following addendums, clarifications, conditions and limitations:
a. The original permit conditions contained in the two permits (SW8 940217 and SW8 950814) both
issued on November 6, 1995 remain in full force and effect, except as amended herein. (An
additional copy of this original permit can be obtained from the Division of Water Quality, Wilmington
Regional Office.)
b. The permittee shall submit a permit renewal application request at least 180 days prior to the
expiration date of this permit. The renewal request must include the applicable documentation and
the processing fee.
Permit issued this the 23rd day of April 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
"�"& �e- / tK=�:2' C e>
or Coleen H. Ilins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: 5L438
2. Project Name: G)5 P
�q OZ 1�
3. Current Permit Holder's Company Name/Organization: (�L
4. Signing Official's Name: )Ac`)
5. Mailing Address: /009 t.� iI E ?7t--v0
City: - cEn<4-
Title: 7
State:14C Zip
6. Phone: (— NIA,- Fax: () /,I/�)
z57-11 9?-B
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
c,�-) I&)c
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
Name change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:-TN)e t Elt) a��ie�jj�Acr} �Oq Oc
2. Proposed permittee's signin official's name: fill A') 5-1`K IA10D
3. Proposed permittee's title:
4. Mailing Address: 10\ 5pt-c'- C()O- T
Y
City: �Olz -baprr+ State: fX Zip: ZS9 q
Phone: ( ��o ) _�01 -C�:9(- Fax: (
5. New Project Name to be placed on permit: � e- � n q , 02e 3j,�4c-tt 1 j(ae
c)cth �I�lA4�i
:9PI ase check the appropriate box. The proposed permittee listed above is:
HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed) E C E I V E
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev15Feb2011 Page 1 of 4 MAR 12 2112
By:

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed _and signed form. This certification must be completed and ed b signy_both the
current permit holder -and th_e new applicant if this is a change of ownership,
2. Legal documentation of the property transfer toanew- new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION �1e 1�c�Mi�Tc� /� 1,,c)o6r-t 1 S>
Please check one of the following statements and fill out the certification below that statement.
❑ Check her if the current permittee is only changing his/her/its name, th project name, or mailing
address, but wi etain the permit. I, the current
permittee, hereby otify the DWQ that I am changing my name and/or I m changing my mailing
address and/or I a hanging the name of the permitted project. I furt er attest that this application
for a name/ownership hange is accurate and complete to the best my knowledge. I understand
that if all required parts X this application are not completed or if required supporting information
and attachments listed ab ve are not included, this application p ckage will be returned as
incomplete.
TT Check here if current permitt is transferring the prop y to a new owner and will not retain
ownership of the permit.
I,
for a transfer of ownership for permit #
other legal transfer of the stormwater
the most recent permit, the designer's
covenants, or easements, the DWQ al
operation and maintenance agreemer
stormwater inspection report to the pn
further attest that this application for a
of my knowledge. I understand that if ;
required supporting information and a
package will be returned as incompI
proposed permittee named in Sec' n;
ownership cannot be approved the
permit.
Signature:
the cu(ent permittee, am submitting this application
I hereby notify DWQ of the sale or
;y em assoc' fed with this permit. I have provided a copy of
cert 'ratio or each BMP, any recorded deed restrictions,
)prove ns and/or approved as -built plans, the approved
t, past intenance records, and the most recent DWQ
pose ittee named in Sections II and V of this form. I
Znaleu�JRTITe ip change is accurate and complete to the best
red pa of this application are not completed or if all
ments listed bove are not included, this application
I assign all right nd obligations as permittee to the
II and V of this for . I understand that this transfer of
DWQ unless and until a facility is in compliance with the
Date.
County of
a Notary( Public for the State of
personally appeared
do hereby certify that
this the
day of 20, and acknowledge the du execution of the
forgoing rument. Witness my hand and official seal, (Notary e
i tal)
SSW N/O Chanpe Rev15Feb2011
ECEIVE'
MAR 0 2 2012
Page 2 of 4 BY:

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I,P),) ��39 , hereby notify the DWQ that I have acquired
through s le, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
l the most recent permit
�J the designer's certification for each BMP
�] any recorded deed restrictions, covenants, or easements
�] the DWQ approved plans and/or approved as -built plans
the approved operation and maintenance agreement
past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature: �
`/ Date: /:U
I, E f e KA r a Notary Public for the State of
-,County of A%E(JO NAiVOyEve , do hereby certify that
1,)P'-VA J /N SrpICKL p,v/J personally appeared before me this the
a'a day of FE8RU,44X 20�, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature - a O t
�LEEN �,�
(Notary Seal);' �o TAy`'•.
i'. °�BLk
q, R 6„ 0
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
EGEIVE
MAR 0 2 2012
SSW N/O Change Rev15Feb2011 Page 3 of 4 By,

VI: PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization: _
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
(if different from street
State:
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
SSW N/O Change Revl5Feb2011 Pape 4 of 4
(Notary Seal)
FIVE
MAR 0 2 2012
a.
liy;

5DERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:
2. Project Name:
3. Current Permit Holder's Company Name/Organization
4. Signing Official's Name: '536MtZ M ILL&L
5. Mailing Address:
/36Z7% 0 L1) �, IF -� L,))2
Lr S I e�')nl !7L vc�i�/Icuj G��u� IA
Title: N
City: CAt (�' L-I V P� rC! { State: A) C Zip
6. Phone: (r i Fax: (_N 14
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please.check all that apply)
14 ZE?
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
Name change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name: T ��
3. Proposed permittee's title: �Zc519c�
4. Mailing Address: �O\
City: H tJC
State:
e Gk-
Zip: zGw4 J
Phone: ('i to ) 101 - oZ� (. Fax: ( )
5. New Project Name to be placed on permit:'7he keySC� (Ok--bE4CH ULLI4EliTT-
Please check the appropriate box. The proposed permittee listed above is:
�] HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
t recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Revl5Feb2011 Page 1 of 4
I�

IIL REQUIRED ITEMS
A iequest to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV: CURRENT PERMITTEE'S CERTIFICATION (TaY)I- IEc
Plena e' check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or l am changing the name of the permitted project. I further attest that this application
for a name/owneer(ship change is accurate and complete to the best of my knowledge. I understand
that if all required RaAs of this application are not completed or if all required supporting information
and attachments listgd above are not included, this application page will be returned as
incomplete. \
OCheck here if current permittee is transferring the property o a new owner and will not retain
wnership of the permit.
I, \ the Curren permittee, am submitting this application
for a transfer of ownership for ` rmit # I hereby notify DWQ of the sale or
other legal transfer of the storm; system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreeme past mamfenance records, and the most recent DWQ
stormwater inspection report to the pro sed permittee named in Sections II and V of this form. I
further attest that this application for a na a/ownership change is accurate and complete to the best
of my knowledge. I understand that if all re 'fired parts of this application are not completed or if all
required supporting information and atta me is listed above are not included, this application
package will be returned as in assign II rights and obligations as permittee to the
proposed permittee named in Sections II and V o is form. I understand that this transfer of
ownership cannot be approved by e(e DWQ unless d until the facility is in compliance with the
permit. /
Signature:
of
County of
Notary Public for the State of
do hereby certify that
personally appeared before me this the
20_, and ackn
forgoing instrument. Witness my hand and official seal,
re
due execution of the
Seal)
SSW N/O Chanoe Rev15Feb2011 Paae 2 of 4

V,, PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
1 �j�y�J SfZ c�\ �11� i� hereby notify the DWQ that I have acquired
through gale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
�] the most recent permit
�] the designer's certification for each BMP
any recorded deed restrictions, covenants, or easements
�] the DWQ approved plans and/or approved as -built plans
® the approved operation and maintenance agreement
past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature: 1/�� Date:
I, Et cCr o K,q a Notary Public for the State of
C County of AE<J Y4,00d F �P , do hereby certify that
131Q49,0 re S re 1CkLA J o personally appeared before me this the
-D day of rE6 , 20 1 0- , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, .�EN��y,,��,'
(NotaryS(fl);' a°
Notary Signature -
NOVFP,1
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Chanoe Rev15Feb2011 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
i oti1
,CH U.�155e
Title within the Organization: V � 6
Street Address: I �-oZ Cs30Z T
City: ��,�iz ICP)c }t State:
MaiNg Address: / \ 114
C
Phone:
Email: K
Z5 L
L e
street address)
State:
_ Fax: _
NG
>J C
zip: Zo�ly
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner /,a7M Date Z -,401 -1-
-T
a Notary Public for the State of
County of _ A E0J 144 vO () E PC , do hereby certify that
7-1 n oT�) S 0 PT-o personally appeared before me this the
�� 'J- day of F E
20 1 ? and acknowledge the due execution of the
forgoing) instrument. Witness my hand and official seal,
Notary Signature C, —
2pTAgy ••
iZ=
PUB
'ti•..
���11111111 �1\�
SSW N/O Change Rev15Feb2011 Page 4 of 4

f
DWQ USE ONLY
Date Received
Fee Paid
Permit Number
1 .sos o
� oai
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8 940217 & SW8 950814
2. Permit Holder's name (specify the name of the corporation, individual, etc.):
The Keys at Kure Beach HOA, Inc
3. Print Owner/Signing Official's name and title (person legally responsible for permit):
Bryan Strickland, President of HOA
4. Mailing Address for person listed in item 2 above:
701 Sailor Court
City:Kure Beach State:NC Zip:28449
Phone: (910 ) 707-0296 Fax:
Email: kbrich632®gmail.com
5. Project Name: The Keys® Kure Beach & Kure Beach Village Phase III
6. Location of Project (street address):
701 Sailor Court
City:Kure Beach County:New Hanover Zip:28449
7. Directions to project (from nearest major intersection):
From US Hwy 421 /Snow's Cut Bridge travel south +/-3.7 miles to the intersection of US 421 /Kure Village
Way. Make right turn on Kure Village Way and travel 0.3 miles. Pond is on the left behind houses.
II. PERMIT INFORMATION:
1. Specify the type of stormwater treatment: []Constructed Wetland ❑Bioretention ®Wet Detention Basin
❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes from project that was originally approved (attach additional pages if needed):
Some modifcations in home layout was observed. Map provided with this renewal showing all BUA in the
Form SWU-102 (Renewal Form) Rev 06May2010 Page 1 of 3
MAR 0 2 2012

3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
®Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.)
❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the
Division of Water Quality Home Page under the BMP Manual link:
httpJ/h2o.enr.state.nc.us/sufbmp_forms.htm)
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive onlinemapathttp://portal.ncdenr.org/web/­wq/ws/`su/niaps)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & I copy of the Stormwater Management Permit Renewal Application Form
• Application fee of $505.00 (made payable to NCDENR)
• Operation & Maintenance Verification or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the permit)
2. If you are also requesting a ownership change or a name change then also submit the "State Stormwater
Name Ownership change Form" available at: httl2://12ortal.ncdenr.org/web/`wq/ws/su/statesw/forms does.
When requesting a permit ownership change please make sure that all signatures and initials for both parties
are filled in on this form or the transfer cannot be completed and the original owner will remain as the permit
holder.
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 3) Bryan Strickland
certify that I have a copy of the Permit and O&M Agreement on -site and that the information included on this
permit renewal application is, to the best of my knowledge, correct and complete.
Signature: 2 / Date:
Note: Additional copies of the original permit can be obtained from the appropriate Regional Office of the
Division of Water Quality. (http://portal.ncdenr.org/web/wq/home/ro)
MAR 0 2 2012
BY:
Form SWU-102 (Renewal Form) Rev 06May20I0 Page 2 of 3

f
Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print name:Bryan Strickland
TitleTresident
Address:701 Sailor Court Kure Beach, NC 28449
Phone:[phone]
Signature:
Date: , /-q Z a a/ Z
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president.
I, E 1 cccx) K-fi� , a Notary Public for the State of A)
County of l)E0 HAN006 e do hereby certify that 6 0 yA J /� 9M (C4:�t A J d
personally appeared before me this day of ri58 P'J- , 20 ( and acknowledge the due
execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official
seal,
Notary Signature: tL
My commission expires:
ECEIVE
MAR 0 2 2012
by:__
Form SWU-102 (Renewal Form) Rev 06May2010 Page 3 of 3

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Completeness Review Checklist
Project Name: Kf Y.,, V, U i�- hmrACN Received Date: 1CL P�R.cN 1,Z
Project Location: Accepted Date:
Rule(s) 1:12008 Coastal 1995 Coastal Phase II (WiRO) Universal �1988 Coastal
Type of Permit: New or Mod or PR Existing Permit PR): A4 p nPE Cert on Fi
(Mo o le?
Density: HD or LD I Type: Commercial or Residential' I ONCG
%: 1 1(% 00) 1 Stream Class:
Map
Paperwork Emailed Engineer on:
7Supplement(s) (1 original per BMP) BMP Type(s):
7O&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
Application with correct/original signatures
rp or LLC: Sig. Auth. per SoS or letter
(within 6mo)
Soils Report with SHWT
Calculations (signed/sealed)
RNo obvious errors
Density includes common areas, etc
Deed Restrictions, if subdivided:
Signed & Notarized
Exem
Note to Reviewer: 1
�fi5'fE� �L-1p'M\t
to SW8
Cn�n3wEn ��b Ins iRrn t-�
Plans
F12 Sets
Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading
Wetlands: Delineated or No Wetlands
Vicinity Map
Layout (proposed BUA dimensions)
Legend
�DA Maps Project Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
MPE Cert for Master Lot #:
SHWT:SHWT:
Deed Rest for Master Lot # Matches Master
Bottom:
PP:
BUA Permitted (Master): sf
Visited:
BUA Proposed (Offsite): sf
Additional Information:
Permitted
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
Proposed:
Proposed:
Pr000sed:

Project Name:
Project Location:
Completeness Review Checklist
�uQF k RCN �I�u�6F �F t ISC Received Date
Accepted Date
1:12008 Coastal 1:11995 Coastal Phase 11 (WiRO) Universal 01988 Coastal
Type of Permit:
New
or Mod or
PR
Existing Permit # (Mod or PR):
q 5 681 L4 OPE Cert on File?
Density: HD
or
LD
I Type:
Commercial or Residential
nNCG:
DO) I Stream Class:
SA Map I I JOffsite to SW8
(Subdivided?: Subdivision or Single Lot (I JORW Map ) I lExempt
Paperwork Emailed Engineer on:
r—ISupplement(s) (1 original per BMP) BMP Type(s): /
MO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles)
Application with correct/original signatures
❑Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer: l l
M$505 (within 6mo) —Q 5 Q6. TO
Soils Report with SHWT
Calculations (signed/sealed) =7 r �� �t 5CLh1 (�)
F1No obvious errors ✓✓V� Jv\`�
Density includes common areas, etc
Deed Restrictions, if subdivided:
Signed & Notarized
11 Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest
Plans
F-12 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
nGrading Mwetlands: Delineated or No Wetlands
Map
J Lege n d
nfiltration
Soils Report
Additional Information:
Permitted
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)
out (proposed BUA dimensions)
Maps Project Boundaries
Wet Pond
Offsite
Soils Report
F-1PE Cert for Master
Deed Rest for Master
�SHWT:
PP:
BUA Permitted (Master):
BUA Proposed (Offsite):
Proposed: Proposed:
Lot #:
Lot # Matches Master
sf
sf
Pronnsed:

CONSULTING, PA
J�JJJj�11BB
7332 Cotesworth Drive
Wilmington, NC 28405
[phone]
PLANNING - ENGINEERING - PROJECT MANAGEMENT
February 28, 2012
Ms. Kelly Johnson
NCDENR- DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: SW Permit Renewal
The Keys @ Kure Beach - SW8 940217
Kure Beach Village Phase III - SW8 950814
Dear Kelly:
ECEIVE
MAR 0 2 2012
BY:
This submittal covers the stormwater permit renewal for The Keys @ Kure Beach and
Kure Beach Village Phase III all located in Kure Beach, North Carolina. I realize that
this renewal has taken some time but I trust that we can complete this task with
minimal effort and time. This letter will serve as a narrative for the submittal.
Combine the Permits
Both HOA's associated with this project are of the strong opinion that they would like
to combine the permits into one permit. The reasoning behind this is to assure that
possible expensive O&M (such as dredging of the pond) will be funded by the
combined groups and not just shouldered by the home owners in The Keys.
Therefore we are requesting that the permits be combined.
Change of Ownership
Currently the permits are in the name of the developer. As we have discussed this
developer is no longer in business and officials with the defunct company are
nowhere to be found. I am submitting the change of ownership for both the Keys
and Kure Beach Village.
The Keys change of Ownership form is straight forward. Attached with this change of
Ownership form are the minutes from the HOA meeting in which the signee (Bryan
Strickland) was voted President of the organization and therefore has the authority
to sign the documents. In addition I have attached the deeds pertaining to the
pond area and all easements associated with the pond.

The Kure Beach Village change of ownership form is also attached. Once again the
original permit holder is no longer is existence therefore we do not have any
signatures from this party. This document also shows "The Keys" excepting
responsibility for maintaining the (combined) permit. Also attached to this document
are the minutes from the HOA electing Mr. Tim Upton granting him authority to sign
these documents. The entire stormwater management system (ie piping system) is
situated within the public right of way of the street system therefore we have
included no easements.
Permit Renewal Application
We have enclosed a permit renewal application showing The Keys as the lead on
maintaining the permit. This renewal form also contains the original O&M
documentation which is still valid. The HOA have copies of this O&M agreement and
have signed the permit renewal acknowledging they will abide by the terms and
conditions of this document.
Fountain in Pond
The HOA has requested that a fountain in the pond be included in the permit
renewal. I have preformed the calculations per the BMP manual and included this
stamped worksheet in this package. Please include this request in the permit
renewal.
Request for Deed Restrictions
In the past attempts to get these permits renewed have run into the fact that deed
restrictions were never implemented limiting BUA on the individual lots. This had
been a sticking point in past negotiations. In the mean time Kure Beach has passed
an ordinance restricting new BUA on undeveloped lots to 65% of the gross area of
each lot. A copy of this ordinance is attached for your records. This ordinance was
used in calculating possible development of 6 lots within the Kure Beach Village III
subdivision.
BUA Record Drawings for Subdivisions
It is my understanding that there has been question associated with asbult
conditions of what has been constructed on the lots in the subdivision. I have
created a BUA record map to document what is currently on the ground. Based on
my review of this area it is close 100% built out with only 6 lots remaining in Kure
Village III. Based on my calculations and using the maximum built upon area from
the Kure Beach Ordinance I have calculated the BUA for the area. As can be seen
from the map the existing (and proposed) BUA the subdivisions are well within the
permit limits. I have attached the map with the calculations. I have attached two
copies one showing the aerial photo and one with the aerial photo turned off.
2 of 3

Fees for the Permitting
Based on my understanding of the permitting fees we are attaching two checks in
the amount of $505 each. I believe this will cover the costs associated with this
acitivity.
Based on the above documentation I believe we should be in a position to receive
a renewal on these permits. Should you have any questions please do not hesitate
to call.
Sincerely yours;
<� 4
Bradford Sedgwick, PE
President
Attached: 2 - Permit Ownership Change Form (The Keys) w/ Back up Documents
2- Permit Ownership Change Form (Kure Beach Village III) W/ Back up
Documents
2 - Permit Renewal Form w/ O&M Document
2-Pond Fountain Calculations
2 - Kure Beach Ordinance on BUA
2- BUA Record Drawing Maps
2 - Checks for $505 each
3 of 3

1 ! I+� 0YW-8 COMM013
I�201003g936
WOR REG IGTRRTION REGISTER OF DEED:
JEWIF
NEW HRNW Dp T'YI6NC
2010 DEC 14 03:21:12 PM
BK:6632 PG:2261-2264 FEE:$B.00
I91Bl 9131M
ECEIVE:
NORTH CAROLINA QUIT CLAIM DEED MAR 0 2 2012
Parcel Identification Number: R09209-009-046-000
Mail after recording to: Charles D. Meier, P.O. Drawer 2088, Wilmington, NC 28402
This instrument was prepared by: Charles D. Meier NO TITLE EXAMINATION
PERFORMED OR REQUESTED
Property conveyed is not the principal residence of Grantor. No Revenue Stamps
Brief Description for the Index
Pond Area The Keys at Kure Beach MB 35 PG 44
THIS DEED made this 2nd day of December 2010, by and between
GRANTOR
GRANTEE
Kure Beach Village Homeowners
The Keys at Kure Beach Homeowners
Association, Inc.
Association, Inc.
701 Sailor Court
701 Sailor Court
Kure Beach, NC 28449
Kure Beach, NC 28449
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WHEREAS Grantor is the non-profit corporation or association acting as the homeowners
association for a certain real estate development known as "Kure Beach Village" located in New
Hanover County, North Carolina as described in an Amended Declaration recorded in Book
2514, Page 0425, New Hanover County Register of Deeds;
R
RL-i43FawTa

WHEREAS Grantee is the non-profit corporation or association acting as the homeowners
association for a certain real estate development known as "The Keys at Kure Beach" located in
New Hanover County, North Carolina as described in a Declaration recorded in Book 1783, Page
221, New Hanover County Register of Deeds;
WHEREAS by Deed recorded November 22, 1996 in Book 2108, Page 349, The Keys at Kure
Beach Homeowners Association, Inc. conveyed to Kure Beach Village Homeowners
Association, Inc. certain property described therein;
WHEREAS the description of the property conveyed was in some instances confusing and
ambiguous;
WHEREAS, it was confusing and ambiguous whether "that pond as set out in Map Book 35,
Page 44" was intended to be conveyed or excluded from the conveyance;
WHEREAS it was not the intent of The Keys at Kure Beach Homeowners Association, Inc. to
convey "that pond as set out in Map Book 35, Page 44" nor was it the intent of the Kure Beach
Village Homeowners Association, Inc. to accept a conveyance of "that pond as set out in Map
Book 35, Page 44";
WHEREAS Grantor and Grantee desire to eliminate any confusion or ambiguity regarding the
description in said Deed and have agreed to enter into this Quit Claim Deed;
NOW THEREFORE, that Grantor, for a valuable consideration paid by the Grantee, the receipt
of which is hereby acknowledged, has and by these presents does remise, release, and quit claim
unto the Grantee in fee simple, all those certain lots or parcels of land situated in New Hanover
County, North Carolina, and more particularly described as follows:
All of that property described as "Pond" as shown on a Map recorded in Map Book 35, Page 44,
New Hanover County Register of Deeds and all of that property described as "(2.96AC) Pond
Area, The Keys at Kure Beach" as described in the New Hanover County tax records, parcel ID
No. R09209-009-046-000.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple. The property described herein is
subject to taxation under N.C.G.S. 105-277.8 and the value, if any, shall not be assessed against
the Grantee.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its
seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written.

KURE BEACH VILLAGE HOMEOWNERS
Aj;!IATION, IN .
By: (Seal)
President
STATE OF NORTH CAROLINA
COUNTY OF nil,) 1 IL'-Ou r
I, LNWW I A Notary Public in and for the State and County aforesaid,
do certify that �g M dny,� personally appeared before me this day and
each acknowledging to me that he or she voluntarily signed the foregoing document for the
purposes stated herein and in the capacity indicated.
�R
WITNESS, my hand and seal this 2 day of -bjt, ,, 201Q.
n:%d118q t`
(PLACE SEAL -STAMP BELOW) 3''��l frj0 N r
Signature of N&aryPublic
Printed or Typed Name of Notary Public
My Commission Expires: S

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
NttlNNttttNNlttttttttttltNtMf ttNtfffNlfNttlNNttNINttMlttttttttttttttttttNNNttttttNltttltttttttt111NN
Filed For Registration: 12114/2010 03:21:12 PM
Book: RE 5532 Page: 2261-2264
Document No.: 2010035936
4 PGS $25.00
Recorder. JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010035936*
2010035936

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FINAL PLAT
PHASE /-B
THE KEYS
AT
KURE BEACH
Y
GULF STREAM DEVELOPERS, INC. A
f . 46.K
i

ivA$52 file 717
This Instrumnt Drafted By: W. Talmge Jones, Esq.
Tax Parcel No.: R09209-009-009-000
After Recording Mail To: Kure Beach Associates
2209 Century Drive, Suite 300
O "a- Raleigh, NC 28612
4{4ff{{11fff11RRRf{{{f{111f H1ffffllflflfflMlf!llffRHffff HHRf
STATE OF NORTH CAROLIRA )
) QBED OF HllS�f
COUNTY OF HEM HANOVER )
THIS DEED, mde this the 7th day of February, 1995, by and
batWaen GULF STREAM DEVELOPERS, INC., a North Carolina Corpora-
tion, ("Grantor-); and KURE BEACH ASSOCIATES, a North Carolina
General Partnership, ("Grantee-);
Owl= NITN ISSS ETH:
THAT WHEREAS, said Grantor is the owner of the cosmon areas
and street rights of way shown on the Final Plat of Phase 1-B of
The Keys at Kure Beach recorded in Map Book 14 Page 165 of the
New Hanover County Registry: and
WHEREAS, the Grantee is the owner of a certain tract of land
imediately South of and adjoining the land of the Grantor; the
Sam being the land conveyed to them by L 6 H INVESTMENTS by deed
dated October 17, 1985, and recorded in Book 1705 at Page 1608 in
the Office of the Register of Deady for NOW Hanover County: and
WHEREAS, said Grantee desires to drain the above referenced
property into a lake located adjacent to and on the North of the
Grantor's tract shown on Map Book Ja Page 165 of the aforesaid
Registry. :D VERIFIED
!" ".E DOTS RV
9F DEEDS
H':1'( ANOVER CO. NO
'95 FEB 7 FI7 3 37'/ �Ml
j» 361=2
2p,?pM.. .

wa 1852 nm M
WHEREAS, it is necessary that in so doing that the Grantee
lay a pipeline for said drainage &cross said lands of the Grantor
El"nw flowing into said lake;
WON THEREFORE, said Grantor, for and in consideration of the
sum of Tan Dollars, and other good and valuable consideration, to
it in hand paid, does hereby grant, bargain, sell and convey unto
said Grantee a perpetual right and easement to construct and
maintain across and upon said land of Grantor an underground
drainage line extending across said land of Grantor to the lake
located adjacent to and on the North of Grantor's above described
property said easement being described as follows:
TRACT 3
A 10 foot drainage easement located along the entire western
right of way line of Anchor Way, a public street shown on a map
entitled -Final Plat Phase 1-B The Keys at Kure Beach• and
recorded in Map Book 34 Page 165 of the New Hanover County
Registry. The eastern line of said 100 foot easement is the
western right of way line of said anchor way.
Beginning at the point of intersection of the western line
of Anchor Nay with the southern litre of Sloop Pointe fans, said
intersection being shown on a map of Phase 1-B The Keys at Kure
Beach recorded in Map Book 34 at page 165 of the New Hanover
County Registry; running thence South 72 degrees 15 minutes 45
seconds West 10 feet to a point in the southern right of way 1Lre
Of Sloop Pointe lane; running thence North 12 degrees 35 minutes
00 seconds Hest 57 feet more or less to a point in the northern
right of way line of Sloop Pointe Lane said point being in the
Southern line of a thirty foot drainage easement; running thence
northwardly about 10 feet to a point in the northern right of way
line of Sloop Pointe Lane that lies South 12 degrees 35 minutes
00 seconds Fast 57 feet more or less from the point of beginning,
thence South 12 degrees 35 minutes 00 seconds Fast 57 feet more
or less to the point of beginning.
W
.. crow.. .. .. .. _.. ..

z=185w = M
TR11CT 111
That tract described as 'Drainage easement- being thirty
feet wide, lying North of Sloop Pointe Lam and being shown on a
map of Phase A-B The Keys at Kum Beach recorded in Nap Book 31
a }i• Page 165 of the New Hanover County Registry.
The Grantor hereby grants to the Grantee the right to go
upon said Anode whenever the same in reasonably necessary for the
purpose of inspecting, maintaining and repairing said drain
Pipes, provided that in constructing and repairing said line the
Grantee will remove all surplus earth, make level the surface of
the ground above said line and interfere as little as is reason- ..
ably possible with any plants, fences, streets or other improve-
ments upon the land of the Grantor.
The Grantor for itself, its successors and assigns further
covenants with the Grantee that in order to assure the full and
complete use of this easement by Grantee, Grantor will (i) join
with the Grantee in Grantee's application(s) for storm water
management permits to the State of North Carolina, and/or any of
its permitting agencies, (ii) allow the Grantee full and complete
access to the drainage pond for the purpose of doing any work,
modifications or maintenance thereto required by the permitting
agency as a condition of granting the storm water permit, and
(lii) provide in its Nameown@rs Documents a method for assuring
the maintenance of the pond including where applicable a joint
maintenance agreement with Grantee in form acceptable to the
State of North Carolina and its permitting agencies.
W

1xN.t952 ma 720
To have and to hold said right and msement to it the
Grantee, and Its successors in title, it being agreed that these
Erights and this aaaesent hereby granted is and shall be appurte-
nant to and run with the land now owned by the Grantee and
hereinabove referred to.
IN TESTIMONY WHEREDF, amid Greater has caused this Dead of
Easement to be executed In its name by Its duly authorised
President and attested by its Secretary all on the day and year
first above written.
GULP STREAM DEVELOPERS, ]
ATTo yy
..J1 �i'_.a`���OY `�B IEINHACH, 'P�res'.
(CORPORATE SEAL) _'S!OOvwmTE
STATE OF NORTH CAROLIiyfl'•;tiSEAL
COUNTY OF NEW NANOVER i i.t .i
I, Su P. Prise , a Notary Public in and for
the County of New Hanover a tate of North Carolina do hereby
certify that _Jame D. NlUer personally appeared
before ss this day and acknowledged that hem is _ Secre-
tary of GULF STREAM DEVELOPERS. INC., a North Carolina corpora-
tion, and that by authority duly given and as the act of the
corporation, the foregoing instrument was duly signed is its name
by its President, sealed with its corporate seal and
attested by hjMgeuAgNAMK as its _ Secretary.
WITNESS my hand and notarial seal, this L day of
Febreary , s1995_ lti, n
NOTARY H� SIB SIB CI.I awn P. P' cr c.
NY commission expires:
(SEAL) :•:•.••
"<.,. STATEOF NOITHCAROLINA
.:.. , New llmreerCmMy
,. cam;•' lee /hard�'.._...Id
''�<, :t, � MmrabmOpWecW 9Emabd
beeaa,a6
llb a•Ifa 4Id PwArn.� a�—
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h/arrr_hi$rr�.
N

'� CONSULTING, PA
7332 Cotesworth Drive
l� Wilmington, NC 28405
i
[phone]
PLANNING - ENGINEERING - PROJECT MANAGEMENT
April 19, 2012
Ms. Kelly Johnson
NCDENR - DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: SW Permit Renewal
The Keys @ Kure Beach - SW8 940217
Kure Beach Village Phase III -SW8 950814 (to be rescinded)
Dear Kelly:
In response to your 4/19/12 email and our phone conversation I have gone back and refined
my BUA calculations. The assumptions I have made are as follows.
1. 1 had previously accounted for pavement in the road stub out at the intersection of Club
Drive and Settlers Lane. This stub out will never be built out because the adjacent property
owner is the Federal Government and this area is restricted as a "blast zone" for Sunny Point
Munitions Depot. This reduced the existing BUA on the project.
2. The clubhouse areas for The Keys (Lot 9) and the tennis court in the Village (Lot 1) are 100%
built out to the property setbacks. There will be no potential BUA associated with these lots
other than what is already built. In addition the HOA's have control over these properties.
As the attached map shows the maximum potential BUA for these subdivisions is 576,179 SF
Permit maximum is 580,220 SF. The project will be in compliance with the permit even if it
100% built out.
I trust the information provided in this submittal should satisfy your questions and a permit
renewal can be issued for this project.
Sincerely yours:
< A
Bradford Sedgwick, PE
President
Attached: 2-Modified BUA Map
EC�'V�
APR 19 2012
By:—

Johnson, Kelly
From: Johnson, Kelly
Sent: Wednesday, April 18, 2012 12:19 PM
To: 'Brad Sedgwick'
Subject: FW: Keys at Kure Beach
Brad,
The permit says that 580,220sf of BUA can fit in the pond, but the most recent calcs show that there could be
590,905sf? Have you previously submitted calcs that show that 590,905sf can fit in the pond? I don't see them on file,
but this has been a long process so I may have forgotten that piece if that is the case.
IX
From: Brad Sedgwick [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 9:40 AM
To: Ken Richardson
Cc: Tim Upton
Subject: RE: Keys at Kure Beach
Guys the ball is in your court on this one. I do not think that you should have much problem producing additional
language to keep these three areas free of BUA. Please let me know your thoughts.
JBS Consulting, PA
Planting, Engineering, Project Management
Br d Scdg,vick, 1113
7332 C.w.s ,,rth Dn,c
WA,,m.gtoq NC 28405
Phone: [phone]
Fax:[phone]
Fina& hmds VdckQhotmzl wm
From: kelly.p.johnson @ncdenr.gov
To: bradsedgwickCalhotmail.com
CC: kbrich632Calamail.com; tim upton0bellsouth.net
Subject: RE: Keys at Kure Beach
Date: Tue, 3 Apr 2012 12:47:38 +0000
Brad,
Please see the attached letter which will be mailed today. I had planned on doing an inspection out there, but I am not
going to have time. So I think once this is settled this will be done.
Thanks,
K1
From: Brad Sedgwick[mailto:bradsedgwickCobhotmail.com]
Sent: Wednesday, March 28, 2012 3:51 PM
To: Johnson, Kelly
Cc: Ken Richardson; Tim Upton
Subject: RE: Keys at Kure Beach

Kelly the easy answer on this is ..... :-). No actualy here is what I think.
There are three easily identified "green areas in the subdivions. Here are there descriptions.
1. The area around the pond (including the pond) is designated as common area. This amounts to 129,609 sf.
2. There are two lots along (thin 40 foot strips) Largo one north of kure dunes land and one south. These lots total to
(4,957 + 10,030) = 14,987 sf.
The total of just these three areas = 144,596 sf.
I am trying to invetagate what resrictions there on on these areas but the two strips are unbuildable because of the
geometry on the lots (too thin to meet setbacks). The pond area I know has some resrictions as well. I think I just made
the "green space" math worked. Let me know what you think?
TBS Consulting, PA
Planning, E'ngincering, Project Management
Brad Sedgmck, PH
7332 C teswoah Ddve
Wilmingmn, NC 294115
Ph,,m: 1-910-619-9990
has: 1-910-401-1620
Hmail: h<a•�..is�i((�Iu tmal tom
From: kelly.p.johnson(�i)ncdenr.gov
To: bradsedgwick(a)hotmail.com
Subject: Keys at Kure Beach
Date: Wed, 28 Mar 2012 18:15:59 +0000
Brad,
I went through this package this week, and I have a question for you. I see that you summed both projects' BUA totals
and accounted for 6 of the Village's lots at 65% per the town ordinance. That totals less than the max BUA that has been
permitted & can fit into the pond. But, what I don't see (and maybe I am missing) is a calculation that if the whole
project built at 65% (meaning that they were fully built out and no deed restrictions would be required) that that water
could fit in the pond. I did a quick 65% of the project area and got 717,364sf. (This talc included the whole project area
including the surface area of the pond and other areas that may be dedicated as green space somehow, however.)
Depending on how much green space there is that couldn't be developed, the 65% number could exceed the 580,220sf
that the pond can hold.
I see two options:
1.) HOA Monitors BUA in community and totals the patios etc as people build them and ensures that the subdivision stays at
or below 580,220sf. We did this for St. James Plantation a while back. They were doing that anyway, so it made sense
for them. I have attached their permit, and highlighted portions that we added to formally require this tallying process.
The Kure Beach permit would be written similarly (without the low density pipe limiting sentences used in the example
though).
2.) We make the green space math work out such that the max BUA (65%) is at or below 580,220.
I have not written this as a formal add info because I haven't done the inspection yet. I will do one letter for both. But,
this is just something to think about. I hope to make it out there at the end of this week or beginning of next week.
What are your thoughts on this? Do you think option #2 is do -able? (Math attached).
Thanks,
K)

*** My email has changed to kellv.o.iohnsonOncdenr.gov
FCtU'� JOhvv'sov.
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

1 1.
Permit Name Project Area Max BUA (65%) Amount Per 1995 Current BUA**
W) per Ordinance Permit (ftZ)
(ft) W)
SW8 940217 Keys at Kure Beach 671,785 298,623
SW8 950814 Kure Beach Village* 431,852 208,079
Total: 1,103,637 717,364 580,220 506,702
*Includes 6 undeveloped lots counted at 65% Max BUA per town ordinance
**Two Options:
1.) HOA to monitor this amount to ensure that as people add patios etc that it does not exceed 580,220sf. Similar to
tSW8 960523 (but without the requirement for HOA to oversee the pipes b/c the example was low density):
2.) Calcs that there is at least 137,144sf (717,364-580,220=137,144sf) of "green" area such as the pond surface that will
not/ cannot be developed.

JJB5CONSULTING, PA
7332 Cotesworth Drive
Wilmington, NC 28405
_jfi,;)
[phone]
PLANNING - ENGINEERING - PROJECT MANAGEMENT
April 16, 2012
Ms. Kelly Johnson
NCDENR - DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: SW Permit Renewal
The Keys @ Kure Beach - SW8 940217
Kure Beach Village Phase III - SW8 950814 (to be rescinded)
Dear Kelly:
We are in receipt of your letter dated April 3, 2012 requesting additional information
on the above named permit renewal. In response to this request we offer the
following:
1. 1 have modified the previously submitted map showing the proposed "green
space" areas and designating these areas as "green space" with no BUA allowed.
2.1 am attaching to this submittal deeds indicating the two HOA's have control over
the two (3) areas listed above.
3. 1 am attaching an engineering report showing that the maximum probable BUA
will not exceed the permitted amount.
I trust the information provided in this submittal should satisfy your questions and a
permit renewal can be issued for this project.
Sincerely yours;
<� 4
Bradford Sedgwick, PE
President
Attached: 2 -Modified BUA Map
2- Copies of Deeds for "Green Areas"
2- Engineer Report on Maximum BUA
ECEIVE
APR 16 2012
BY:

NCDENR STORMWATER
CALCULATIONS AND SUPPORTING DATA
FOR
THE KEYS @ KURE BEACH
HOA
April 16, 2012
Prepared for:
The Keys @ Kure Beach HOA
701 Sailor Court
Kure Beach, NC 28449
Prepared by:
JBS Consulting
7332 Cotesworth Dr.
Wilmington, NC 28405
Phone: [phone]
APR 16 2012
Af6 LAbJQd ptams
14hgi(.),

THE KEYS @ KURE BEACH
April, 2012
Table of Contents
NARRATIVE
SPREADSHEET CALCULATIONS
BUA MAP
KURE BEACH ORDINACE

I�
THE KEYS @ KURE BEACH
APRIL, 2012
DESIGN NARRATIVE
The Keys HOA in conjunction with Kure Beach Village Phase III are attempting to
renew and combine their existing state stormwater permits (SW8 940217 and SW8
950814, respectfully). These permits were issued in 1995. The permits were issued with
a requirement that the developer impose deed restriction on the development of the
subdivisions such that the maximum BUA on the developments would not exceed
580,220 sf. These deed restriction were never recorded so in an attempt to satisfy
NCDENR DWQ we have preformed calculations to show that the maximum BUA
allocated in the permit will not be exceeded.
In 2010 the Town of Kure Beach recorded an ordinance that no residential lot within
Kure Beach's jurisdiction would exceed 65% of the land area. Using this ordinance and
existing record drawing data we have developed a spreadsheet showing that the
maximum probable BUA would not be exceeded. The assumptions for these
calculations are listed below.
1. The entire subdivisions were divided into three land types, residential, ROW and
"green spaces".
2, The areas within the residential area were multiplied by a factor of 65% per the
ordinance.
3. The respective HOAs have ownership and control over the specified "green area'.
4. It is assumed that no BUA will be added to the ROW areas. The roads are 100%
built out.
CONCLUSIONS
The calculations shown on the next sheet show that the maximum BUA (theoretically) that can
be built in the subdivisions is 590,905 sf. The permit calls for a maximum BUA of 580,220 sf.
These numbers are statistically within in range. The area numbers were calculated using public
domain GIS information and are adequate to determine compliance with the existing permits.

ri.

MAXIMUM POTENTIAL BUA CALCULATIONS
DESCRIPTION
AREA (65%MAX)
- MAX POTENTIAL BUA
COMMENTS
AREA 1
84,454
54,895
AREA 2
205,283
133,434
AREAS
90,885
59,075
AREA4
50,510
32,832
AREA 5
104,314
67,804
AREA 6
85,023
55,265
AREA 7
82,088
53,357
AREA8
26,756
17,391
GREEN SPACE 1
129,609
0
NO ADDITIONAL BUA
GREEN SPACE 2
4,957
0
NO ADDITIONAL BUA
GREEN SPACE 3
10,030
0
NO ADDITIONAL BUA
ROW - KEYS
129,274
60,720
NO ADDITIONAL BUA
ROW -VILLAGE
108,033
56,132
NO ADDITIONAL BUA
TOTALS
1,111,216
590,905

AREA 2
AREA 1
i EAIFFlII AREA �1
�e
n4
AREA 3
AREA
AREA 5
A EA 6
AREA 02
u AREA l
J
ti
AREA 03
AREA B
AREA DELINEATIONS
SCALE 1" = 300'
BM ww p M
•� - Ae - Avve� aw,.0

K1'l,H�6
(a:
f �
��rA nitn` aINANCE
That Section 19.321.5 of the Code of the Town of Kure Beach, North Carolina, is
hereby amended to read as follows:
Sec. 19-321,5. Prerequisite to construction, demolition, remodeling and impervious
surfaces, etc.
Except as provided in section 5-62, no building, building repairs remodeling,
installation, driveway, parking lot, or other ground covering impervious surfaces, other
construction or demolition shall begin in the town until a permit has been obtained
from the building inspector.
No permit shall be issued if the total square footage of the buildings and impervious
ground covering surface will exceed sixty five (65) percent of the lot, excepting there
from, those structures located in the B-1 District and the established fire district of the
town. Any type of impervious surface across the town right -of way shall be limited to
twentyfour (24) feet wide total.
Impervious surface coverage in the side setback area of residential lots shall be limited
to 15% of the setback.
Driveways located in the setback area of residential lots shall be limited to 36 feet in
width.
Adopted this the 16th day of February, 2010.
ATTEST:
t
Kaysie Prafle, Town Clerk
1 of

a

Ben PAGE
1965 Oils
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by reference. -to and incorporated

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1965 0120
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1965 0121
EXHIBIT •A•
BBIBOinclude all of real Property designated as cons u area to
pat not aitad to the
the same are shmm in Pool. Pabho96; Bandoo remit courts a9
3Book 29 at Page 80; Book 32o eta Pages 315p ; Book 32 mat P 29 at Page 166; �
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Hanover County Registry. sane and �O0¢� the Hew
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i
10.3.10. Fountains in the Wet rand
Fountains are optional, decorative wet pond amenities. If they are included they shall
be designed as follows:
1. Ponds smaller than 30,000ft-3 can not have a fountain.
2. The fountain must draw its water from less than 2' below the permanent pool
surface.
3. 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.
4. The falling water from the fountain must be centered in the pond, away from the
shoreline.
5. The maximum horsepower for the fountain's pump is based on the permanent
pool volume, as described in Table'10-5. As an example, if the pond's volume is
350,000 cubic feet, the maximum pump horsepower for the fountain is 1.
Table 10-5
Fountain Pump Power Requirements
Minimum Oond Max
Volume ?ump
!fill HP
; va
1/5
1/4
F
1/3
— 1/2
T4
_
2
u75,00o
Wet Detention BaMn
i
July N07

n

�e
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
April 3, 2012
Mr. Bryan Strickland, President
The Keys at Kure Beach Homeowners Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. Sill 940217 (and SW8 950814, to be rescinded)
The Keys at Kure Beach
New Hanover County
Dear Mr. Strickland:
Dee Freeman
Secretary
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application
to combine SW8 940217 and SW8 950814 on March 2, 2012. 1 understand that it is your intention to show that the
Town's ordinance to limit the subdivision to 65% impervious will keep this project within the permitted amount,
580,220 square feet of impervious area. I also understand that this can be accomplished by designating two areas
as green space that will not be developed in the future 1.) The common area (the surface area of the pond and it
surrounding area, 129,609sf) and 2.) Two thin 40ft strip lots along Largo (one north of Kure Dunes land and one
south totaling 14,987 sf.). Please label these areas on the plans accordingly, and submit documentation such as the
common area deed that the HOA will have control over the development of these areas. Please also submit a
summary accounting under seal showing that the max BUA following these adjustments will limit the impervious for
the entire permitted area to be 580,220sf or less.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to May 3, 2012, or the application will be returned as incomplete.
The return of a project will necessitate resubmittal of all required items, including the application fee. If you need
additional time to submit the information, please mail, email or fax your request for a time extension to the Division at
the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to
submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue
the permit. The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant
to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original documents must be returned
or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter
please feel free to call me at [phone] or email me at [e-mail].
d
erely, J nson
Environmental Engineer
GDS/kpj: S:IWQSIStormwate6Permits & Project09941940217 HD12012 04 addinfo 940217
cc: Bred Sedgwick, PE
Wilmington Regional Office Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] DENR Assistance: 1-877-623-6748 NorthCarolina
Internet w .nwaterquality.otg Naturally
An Equal Opportunity lAKrmative Action Employer (/V iiL `(

Johnson, Kelly
From: Brad Sedgwick [[e-mail]]
Sent: Friday, March 02, 2012 2:29 PM
To: Johnson, Kelly
Cc: Ken Richardson; Tim Upton
Subject: RE: Kure Beach SW Permits
WOW, YOU ARE ALREADY LOOKING AT IT:-). THANKS KELLY. GO
KEN/TIM SEE I HAVE ALREADY MADE A MISTAKE:-) SEE
JBS Consulting, PA
Planning, Engineering, Project Management
Bmd Sedp xk, PC
7332 Cows .,th Dnrc
Wilmington, NC 2")5
Phone: [phone]
Fas: 1-910-401-1620
Fm.,& bmdscdgwck(@,hotmaikmm
From: kelly.p.johnsonOncdenngov
To: braSubject:
Kure
Beach
�� I
Subject: Kure Beach SW Permits
Date: Fri, 2 Mar 2012 19:24:53 +0000
IT TO T.HE SAILORR CT ADDRESS.
vN Imo, j
vj
Brad,
Since they want to combine these, there will only be one $505 fee. The Keys permit (SW8 940217) will be the new
combined number and the Village permit (SW8 950814) will be rescinded. I will return the Village's check. Do you want
me to send that to the address on the check (701 Sailor Ct which is the same address on both checks actually). Or, do
you want me to send it to you so that you can explain why they are getting a check back?
KJ
***My email has changed to kelly.P.iohnson(ancdenr.aov
K4LI�0ht4,S0VL
Kelly 3ohnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, INC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

i
Ie� ✓)0,3.��
i
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Dpl i 11"A�1 J�l L
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10.3.10. Fountains in the Wet Pond
Fountains are optional, decorative wet pond amenities. If they are included they shall
be designed as follows:
1. Ponds smaller than 30,000ft-3 can not have a fountain.
2. The fountain must draw its water from less than T below the permanent pool
surface.
3. 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.
4. The falling water from the fountain must be centered in the pond, away from the
shoreline.
5. The maximum horsepower for the fountain's pump is based on the permanent
pool volume, as described in Table 10-5. As an example, if the pond's volume is
350,000 cubic feet, the maximum pump horsepower for the fountain is 1.
Table 10-5
Fountain Pump Power Requirements
Minimum Pond Max
Volume Pump
/ffat HP
30,000
1 /8
40,000
1/6
60,000
1 /4
80,000
1/3
125,000
1 /2
175,000
3/4
250,000
1
450,000
2
675,000
3
-* r ..Ay I rri Ord F)
a
V�
Wet Detention Basin Ip_ry 1 Iv 2007
C 1 ZO j Z<�)IZ_

\xy

Johnson, Kell
From: Johnson, Kelly
Sent: Friday, January 27, 2012 7:48 AM
To: 'Brad Sedgwick'
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Attachments: Transfer Form_1.pdf, 2010 01 addinfo 950814.doc; 2010 04 addinfo_1 950814.doc, 2010 04
addinfo-2 950814.doc; 2010 04 addinfo-3 950814.doc; 2010 07 addinfo 950814.doc, 2010 08
addinfo 950814.doc; 2011 01 return project 950814.doc; 2010 01 CEI_BIMS 940217.pdf;
2010 01 CEI deficient 940217.docx
Brad,
Since the permittee is MIA, then just note that on the transfer form (attached) and have the HOA sign as the permittee
taking over. I will try to get out there next week, depending on when I can get a vehicle. You probably have the past
correspondence from your file review, but I have attached it in case you do not. It looks like the main thing was the
deed restriction issue and I think you said that there was an ordinance that limited the impervious to an amount that
would be in line with what the permit allowed such that they did not need deed restrictions. So, just please include
some sort of summary of how that will work out so that we can keep that on file to track how this issue is resolved.
Also, if the HOA wants a fountain then just also include some sort of talc under seal that will estimate the permanent
pool volume. (1 think I did that talc a while back?) But if I add the permanent pool volume to the permit (in order to add
the pump hp), it has to be a volume from you under seal. I can't just come up with my own number and stick it in there.
Based on the past inspection I do not anticipate that there will be any additional issues out there. So, assuming that
things are pretty much in the same state as they were before I think this can come to resolution in the near future.
Thanks & have a good weekend,
KJ
From: Brad Sedgwick [mailto:[e-mail]]
Sent: Friday, January 20, 2012 3:18 PM
To: Johnson, Kelly
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Thanks, I just want to keep it going. The HOA's are still inclinded to combine the permits and Ken is up north tending to
his mother. I will keep pushing/moving on this side. Just keep communicating what you need and I will get ur done. Have
a great weekend.
JBS Consulting, PA
Planning, Fngincering, Project Management
Bmd Sedgwick, Pli
7332 Q,w.onh D ivc
Wilmington, NC 28405
Phonn:1-910 619-9790
F.,s:1-910-401-1620
Bmvl: bra>�skQho mvl tom
From: [e-mail]
To: [e-mail]
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Date: Fri, 20 Jan 2012 20:13:41 +0000

Brad,
I am going to have to talk to Georgette about this next week. I apologize that it is taking a while. I was out 2.5 days this
week, and I am trying to catch up.
KJ
From: Brad Sedgwick [mailto:[e-mail]]
Sent: Friday, January 13, 2012 4:06 PM
To: Johnson, Kelly
Subject: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
KELLY, THANKS FOR MEETING WITH ME YESTERDAY. i BELIEVE WE ARE MOVING FORWARD AGAIN ON THESE PERMIT
RENEWALS. I AM ATTACHING THE STANDARD FORM FOR A PERMIT TRANSFER REQUEST. PER THIS DOCUMENT I NEED
TO INFORM YOU TO REQUEST AN INSPECTION OF THE STORMWATER SYSTEMS FOR THESE TWO PERMITS.
ALSO, BOTH OF THESE PERMITS ARE IN THE NAME OF GULF STREAM DEVELOPMENT GROUP. THIS ORGANIZATION IS
NO LONGER IN BUSINESS AND THE PRINIPALS ARE NO LONGER AVAIABLE FOR SIGNITURE. SO WHEN I DO SUBMIT
THESE FORMS THEY WILL NOT HAVE THE REQUESTED SIGNITURES. PLEASE ADVISE.
ALSO, JUST TO PROVIDE YOU ADDITIONAL INFORMATION I AM ATTACHING THE BUA MAP FOR THE TWO
SUBDIVISIONS. I AM ONLY SHOWING 506,702 SF OF BUA ON THE GROUND. THE PERMIT ALLOWS 580,220 SF OF BUA.
I BELIEVE WE ARE WAY UNDER OUR PERMIT LIMITS. THIS DOCUMENT WILL BE SUBMITTED ALONG WITH ALL THE
OTHER PAPERWORK SHORTLY.
,CBS Consulting, PA
Planning, Engineering, Project Management
arzd Sedgwick, PH
7332 Cowl v.,th Drive
Wdming,on, NC 28405
Phone: [phone]
I'a : 1-910-401-1620
Iimail: t�i�ho mil cum
From: [e-mail]
To: [e-mail]
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Date: Tue, 10 Jan 2012 18:25:43 +0000
Brad,
I see permits for Sections II, III, and IV but not for Section I. Maybe it got swallowed up into one of the other sections?
am not sure. Here are those permits and some other info that looked pertinent in my quick search for this. Let me
know if you want to come in and see the hard copy files. (Some of the formatting will look strange on these. I had to
covert old files from Word Perfect.)
KJ
From: Brad Sedgwick [mailto:[e-mail]]
Sent: Tuesday, January 10, 2012 9:58 AM
To: Johnson, Kelly
Subject: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Kelly, need more help. Your comment about "off -site" runoff going into my pond sent me down the "investagative" path.
I need help finding the file on "Kure Dunes subdivision". I would look up the number but you folks have changed the

address on the BIMS reports and I can not find it in your web pages. Can you find a number and file on this subdivision?
It appears that this subdivision is also draining to the subject pond.
JBS Consulting, PA
Planning, Engineering, Project Management
Fred Sedgwick, PE
7332 C wsw,orth Drive
Wilmington, NC 2M5
Phone: [phone]
Fax: [phone]
Email: bbm>�}Ddck Qotmil.a,
From: [e-mail]
To: [e-mail]
CC: [e-mail]
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Date: Mon, 9 Jan 2012 20:04:53 +0000
8:30 Thursday sounds good. See you then.
W
From: Brad Sedgwick [mailto:[e-mail]]
Sent: Monday, January 09, 2012 2:57 PM
To: Johnson, Kelly
Cc: Ken Richardson
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Kelly, thanks for responding so quickly. Can we shot for Thursday morning say 8:30 or 9. I think I have most of the
questions I have answered but just want to confirm with you so I do not waste anybodies time, effort or money. I will
look into the required calculations that you descibe below. Thanks for your help. Get back to me on the time on
Thursday.
pBS Consulting} PA
Planning, Engineering, Project Management
Brad Sedgwick, PE
7332 Cotcstvonh Dricc
Wilmington, NC 2W5
Phone: [phone]
Fax: [phone]
Email: braIse njcknhotmwl o
From: [e-mail]
To: [e-mail]
CC: [e-mail]
Subject: RE: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Date: Mon, 9 Jan 2012 14:42:41 +0000
Brad,
I can meet either early afternoon tomorrow (-1 or 2pm), or anytime Wednesday or Thursday 7am-3:30pm. Hooked
back at my notes because it has been a while since I have worked on it. We had a meeting on 9/13/10 to discuss the

situation. At that time their previous engineer was going to determine if the pond could accommodate all of the BUA
that drains to it at full build out. If so, then the permit could be modified and deed restrictions would not be needed.
the pond could not accommodate the BUA, the applicants would have to propose an alternative method to manage
their impervious area. We never got those calculations. I don't know if we just didn't receive them or if the previous
engineer found out that the pond was too small. I think I remember a potential complication of offsite BUA that some
people at the meeting thought may drain to the pond in addition to the two neighborhoods but I don't think that that
was confirmed.
Since the volume is known you could back -calculate the BUA that it could accommodate pretty easily. The hard part will
be deciding what to do if the water doesn't "fit" in the pond.
KJ
From: Brad Sedgwick[mailto:[e-mail]]
Sent: Monday, January 09, 2012 9:02 AM
To: Johnson, Kelly
Cc: Ken Richardson
Subject: SW8 940217, The Keys of Kure Beach - SW8 950814 Kure Beach Village
Kelly, good morning. I have recently been contracted to facilitate (is that I good word?) the two permits and attempt to
get this permits renewed. I have met with the HOA reps, reviewed the site and preformed a file review at your office.
This process has been ongoing for a couple of years know and I think I have a pretty good handle on the situation. Prior
to me going any further I believe a meeting with you at your office is the proper next step. I want to make sure that I do
not waste any of the HOA's or DENR's time and effort completing work that has already been done.
I would like to meet with you. Please check your calendar and get back with me. Thanks in advance.
JPS Consulting, PA
Planning, Engineering, Project .Nhinagement
Brad Sedgwick, PI?
7332 C. wt .ah Drive
Wilminglno, NC 2")5
Phone: [phone]')0
fax: [phone]
I?mail hra � dl�tisk_�hu mril cum

�RD VCpG LAJkCV—
AR E- H
9,/ e�� LDUJI C75
65�0

Baker, Chris
From:
Brad Sedgwick [[e-mail]]
Sent:
Friday, November 25, 2011 6:05 PM
To:
Baker, Chris
Subject:
RE: File Review
Thanks Chris, I would like to get in as soon as you catch yuour breath from your break. Sometime Friday morning? Give
me a time.
JBS Consulting, PA
Planning, Engineering, Project Management
It,d Scdguick, IT
7332 C wswndh Dnvc
Wilmington, NC 29405
Phone [phone]
Fas: I-910.401-1620
Ismail: b>m�yyiLkQh a�SL
From: chris.baker( ncdenr.gov
To: bradsedgwick(o)hotmail.com 3e, c�
Subject: File Review
Date: Wed, 23 Nov 2011 20:25:59 +0000 �Q 7 v `�eA
gsd`6lN
Hi Brad, I have been assigned the file review request you made for projects SW8 940217 and SW8 -190814-I will be out
until Thursday, December lst of next week. Please let me know what day you would like to come in for the review and I
will arrange.
Call if you have questions,
chris
(� 00 O\ r'"

Johnson, Kelly
From: Ken Richardson [[e-mail]]
Sent: Thursday, October 06, 2011 2:41 PM
To: Johnson, Kelly
Cc: Andrew K. McVey
Subject: Resubmission Of Key Retention Pond Permit
Hi Kelly
1 havejust talked to Mr Hill and he confirmed that he has not resubmitted the Keys permit application. Fie has
agreed to complete his work and submit a revised application by Monday October 24, 2011. Upon receipt of
the Keys application, I would appreciate a e-mail confirmation of receipt by NCDENR and an estimate for
review and approval.
Again Thanks For Your Time
Ken Richardson
240-350-3457

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, October 06, 2011 10:11 AM
To: 'Ken Richardson'
Cc: 'Bryan Strickland', 'Joseph Hill'; 'Andrew K. McVey'; [e-mail]; 'Timothy Upton'
Subject: RE:
Attachments: Kure Beach.pdf
Kenneth,
Here is the letter that we discussed this morning. The project was returned in January. Please let me know if you have
additional questions.
Kelly
From: Timothy Upton fmailto:tim ugtonCalbellsouth net]
Sent: Wednesday, October 05, 2011 8:02 PM
To: Johnson, Kelly
Cc: 'Bryan Strickland'; 'Ken Richardson'; 'Joseph Hill'; 'Andrew K. McVey'; board(Okeyshoa.org
Subject:
Re: The Keys at Kure Beach Homeowners Association, SWB 940217
Dear Kelly,
I am writing to inform you that I am no longer a Director, Officer or Board Member of the Keys at Kure
Beach Homeowners Association. My term expired as of October 1, 2011.
New officers of the association were elected at a Keys of Kure Beach Homeowners Association, Inc.
Board meeting held on October 1, 2011. The new President of the Keys at Kure Beach Homeowners
Association is Mr. Bryan Strickland. Mr. Kenneth Richardson has been elected Vice President and is
responsible for the storm -water pond issues.
I have turned over my files and records to Mr. Richardson, including the limitations on decorative
fountains that you were kind enough to provide to us on December 1, 2010.
If new signature pages are required on the Keys at Kure Beach Homeowners Association application,
please feel free to contact Mr. Richardson or the Keys engineer, Mr. Joey Hill.
I thank you for the courtesies extended to the Keys during this process
RE: Kure Beach Village Homeowners Association, Inc. SWB 950814
I have been elected President of the Kure Beach Village Homeowners Association, Inc as of October 5,
2011. If any signature pages for the Kure Beach Village Homeowners Association, Inc file need to be updated,
please let me or Joey Hill know and we sill get them right out.

=i
I also thank you for the courtesies extended to Kure Beach Village Homeowners Association during this process
Respectfully,
Timothy Upton
Cc: Andrew McVey, Esq
Joey Hill, P.E.
The Keys at Kure Beach HOA Board

KBV HOA BOARD OF DIRECTORS
Minutes for October 5, 2011
The meeting was called to order at 6:00 PM. Board recognized new and renewed board members Bob
Young and Jim Guffey. Selection of officers was moved, seconded, and approved as follows:
President Tim Upton
Vice President David Sprinkle
2nd Vice President Bob Young
Treasurer Jim Guffey
Secretary William Talley
All financial documents will be signed by Upton, Guffey, or Sprinkle.
Motioned, and approved that the Capital Funds savings will be placed into accounts as in previous year.
HOA Violations
Six houses still have hurricane shutters up, several other homes have boats or boat trailers on property,
a few lots have high grass, and occasionally trash cans remain out for several days. Need to move
forward to notify and fine these violations. Homeowners will have 14 days from violations before they
are notified and fined for shutters and boats and 10 days from violation before being notified and fined
for grass and trash violations. Rules Enforcement Committee will take the lead in this effort.
Old Business
Uptown will set up a meeting with Magee Pools to come in meet with board and go over pool timers
and overall maintenance.
Guffey will check up on hiring a police officer for the beach parking area during summer holidays.
Sprinkle to check with town on roping off property right of entrance station house and removing
crosswalk on Hwy 421.
Guffey to check on the cost to install better private property signs at parking lot.
Committees
Landscaping - Randy Martin and Tom Bartlett
Architecture -Jim Guffey and William Talley
Hospitality/Welcome - Mo and Peggy Blanchard
Rules Enforcement - David Sprinkle and Bob Young
Volunteers / Projects.- Bob Young and David Sprinkle
New Business
Bob Humphrey has requested an additional $9 per month to cover charges he incurred to post the HOA
website. This request was moved seconded and approved.
Next meeting will be Wednesday, November 9 at 6:00 PM.
Meeting was moved and seconded for adjournment. .
Respectfully submitted
William Talley
Secretary

Keys at Kure Beach Homeowners Association
BOARD OF MANAGERS MEETING - October 3, 2011 - 6:00 PM
MINUTES
Board present: John Chadwick, Micki Hobson, Ken Richardson & Bryan Strickland
Not Present: Nancy Brickman (out of town)
Accountant: Grace McGee, not requested
Organizational Meeting of Board following election on October 1 ---
PRIMARY PURPOSE: Assign offices, committee chairs and tasks
1. BOARD OFFICES AGREED AS FOLLOWS:
President - Bryan Strickland
Vice President - Ken Richardson
Secretary - Micki Hobson
Treasurer - John Chadwick
Architecture Chair - Nancy Brickman
Landscaping Chair - John Chadwick
Pond Chair - Ken Richardson
Owner's Insurance files / updates: John Chadwick
Note: Knowing Nancy would be out of town, Micki had discussed options with her;
she agreed to chairing Architecture Comm.
2. IMMEDIATE ISSUES:
GOVERNANCE:
New Covenants/Bylaws:
Deadline for proxy submisison: Oct. 20
Special Meeting of owners called for: Nov. 3 - 6:00 PM
Liaison with legal counsel, Andy McVey: Micki & Bryan
Needed: Notary Public for Nov. 3 meeting.
ARCHITECTURE:
Annual Termite Inspection: Fri. Oct. 7 — Harry Birch to oversee
Post Inspection process:
Uninspected units - need to be contacted for appointments /
needs to be discussed w/ Harry
Inspected Units - Copy of report will be mailed to owners w/ cover letter,
plus new Board list.
Action: Nancy -- copy reports; obtain mailing labels from Grace
Micki -- Xerox Board list, prepare & post mailing
Complaint: 829 Sloop Pointe Lane - unapproved privacy lattice/fence below
pergola (made anonymously made to Ed Wilkinson & Tim Upton)
Action: Letter to owner advising that request for pergola did not include
privacy fence ...offer option to submit Arch Request Form foe the 'fence.'
Note: If request is submitted, approval from attached owner and adjacent
unit will be requisite.

ARCHITECTURE (cont.):
Policy Issues discussed:
1) Anonymous verbal complaints regarding rules violations will not be
acted upon by the Board.
Sec'y note: This has not been policy historically; needs further discussion/
clarification.
2) To avoid future problems with architectural change requests, the building
process should be monitored while it is in progress.
LANDSCAPE
Pruning needed behind off -lake Sloop Pointe Lane units.
ADMINISTRATION:
1) Supplies reimbursement of $100 per Board Member - approved
by owners at recent Annual Meeting, Oct. 1.
Board members present unanimously agreed that this would not be
appropriate and each preferred to return to the old policy of being
reimbursed for receipts submitted as warranted throughout the year.
This would include such items as ink cartridges for computers for members
who have extra amount of print requirements for filing, etc.
NEXT SCHEDULED MEETING: Thurs. NOV. 10 - 6:00 PM - Clubhouse
Meeting adjourned 7:05 PM
Submitted by Micki Hobson, Secretary
10/8/11

q
r'0
r
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H, Sullins
Governor
Director
January 20, 2011
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
Subject: PROJECT RETURN
The Keys of Kure Beach, SW8-940217�
Kure Beach Village, SW8 950814
New Hanover County
Dear Mr. Upton:
Dee Freeman
Secretary
A review of your Stormwater Management Permit Application indicates that as of this date,
information requested has not been received in this Office within the stipulated timeframe. A
summary of events to date is provided as an attachment. Per the requirements of Section .1009
(c) of the Stormwater Management Rules, this Office is hereby returning the subject application
as incomplete. The two $505.00 application fees have been forfeited. This project return is not a
final agency action. Your response is required.
The two subject permits which were issued to Gulf Stream Development Group, Inc. expired on
November 6, 2005. We understand from your permit application received on April 1, 2010 that
you now own the subject property which requires a State Stormwater Permit. Therefore you
have two options to apply for permit(s) for this property. If you fail to apply for a permit you will
be issued a Notice of Violation (NOV) and may be assessed civil penalties, for violation of the
State's water quality laws, including but not limited to discharging stormwater without a permit:
Option 1: Renew SW8 940217 and SW8 950814 and submit a Change of Ownership
form under the current permit conditions pursuant to the regulation in effect at the time
the permits were issued, 15A NCAC 2H .1005, effective September 1, 1995 which is
commonly referred to as the 1995 Coastal Rule. The two permits can be combined
under these terms. The renewal fee for each permit is $505.
Option 2: Apply for a new permit or permits at the cost of $505 per permit. The new
permit(s) will be issued under the stormwater rule currently in effect and the design
requirements required by the latest version of the BMP Manual. If you are inside the
jurisdiction of Kure Beach you will be subject to the Universal Stormwater Management
Program (USMP), 15A NCAC 2H .1020. If you are outside of the town's jurisdiction you
will be subject to the 2008 Coastal Rule, 15A NCAC 2H .1005, effective October 1,
2008. As a result, changes in permit conditions and technical changes now required by
regulations may require significant and costly physical changes to the stormwater
management system in place on your property.
An inspection of the property will be conducted in the near future. You are reminded that any
additional construction of impervious surfaces on the property prior to receipt of your permit will
constitute a violation of 15A NCAC 2H.1000 and may result in the assessment of civil penalties.
By copy of this letter to the local Building Inspector, this Office is requesting that they consider
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - One 1
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 N Ort�j7 Carr) j i n a
Internet: w".nmaterquality.org
An Equal Opportunity IAl irmallve Action, Employer

SWR 940217, SW8 950814
January 20, 2011
r
withholding the building permits and Certificates of Occupancy for this project pending issuance
of a Stormwater Management Permit.
If you have any questions concerning this matter, please contact Kelly Johnson or me at (910)
796-7215.
Sincerely,
,Z cl 31,14
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S:\WQS\StormWater\Permits & Projects\1994\940217 HD\2011 01 return_project 940217
S:\WQS\StormWater\Permits & Projects\1995\950814•HD\2011 01 return_project 950814
enc: Summary of Significant Events
cc: Inspector, New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office
Randy Martin (via email only, [e-mail])
Joseph Hill (via email only, [e-mail])
Tim Upton (via email only, [e-mail])
Andrew McVey (via email only, [e-mail])
Puke 2 oI ,

Summary of Significant Events
SW8 940217 and SW8 950814
Date
Action
16-Mar-94
Permit Issued (SW8 940217)
03-Mar-95
NOV (SW8 940217): Failure to revise plan
09-May-95
Permit Revision Issued (SW8 940217)
06-Nov-95
Permit Revision Issued (SW8 940217)
06-Nov-95
Permit issued (SW8 950814)
06-Nov-05
Permit Expired (both permits)
30-Apr-08
The Division requested that both permits apply for renewals.
22-Oct-09
The Division received renewal applications for both permits
-Fees: Check numbers 2476 and 2477, each $505, from The Keys at Kure Beach HOA
-Permittee: The Keys at Kure Beach HOA (both permits)
22-Oct-09
The Division received a PE Certifications for both permits.
19-Jan-10
Site Inspection (SW8 940217), deficiencies-
-Submit recorded deed restrictions
-Rectify differences between the plan and what has been built
a. Pool house not on plans
b. Fourplex across from poolhouse was shown as a duplex
c. Fourplex at Sloop Pointe Lane and Anchor Way was shown as a duplex.
29-Jan-10
The Division requested additional information:
-Provide a written request to combine the two permits. (Both permittees had verbally expressed that that was
their intention.)
-Submit a permit modification.package (including all required paperwork, recorded deed restrictions)
18-Feb-10
The Division received a letter from The Keys at Kure Beach HOA:
-Requested combine the two permits.
-Submitted the deed restrictions that had been recorded.
01-Apr-10
The Division received a renewal and modification application to combine the two permits (to be done with the
renewal and included in the renewal fee)
-Property Owner: The Keys at Kure Beach Homeowner's Association, Inc.
08-Apr-10
The Division requested additional Information:
-Documentation that the HOA owns the common areas
-Documentation of the current HOA president
-Documentation of the impervious area
-Recorded deed restrictions containing all of the statements required by the permits
-Clarification of the required volume
-Calculations for the orifice diameter
14-Apr-10
The Division received a response to the request for additional information.
15-Apr-10
The Division requested additional information:
-Documentation of the impervious area
-Recorded deed restrictions containing all of the statements required by the permits
-Clarification of the required volume
-Calculations for the orifice diameter
26-Apr-10
The Division requested additional information:
Recorded deed restrictions containing all of the statements required by the permits
1/2

Summary of Significant Events
SW8 940217 and SW8 950814
Date
Action
21-Jun-10
The Division received a letter from Andrew McVey (attorney for SW8 940217):
-HOA cannot get quorum to impose deed restrictions that the developer did not record.
-If DWQ requires deed restrictions then SW8 940217 will withdraw application
(The developer would be the permittee. That LLC is dissolved.)
19-Jul-10
The Division requested additional information (due 8/9/10):
-Requested the applicants to propose an alternative method to manage impervious area.
-Requested that the applicants address other issues raised in previous correspondence.
31-Aug-10
The Division requested additional information:
-Did not receive a response due 8/9/10
-Deadline extended to 9/14/10.
31-Aug-10
The Division received a letter from Andrew McVey (attorney for SW8 940217):
-Requested DWQ waive the deed restriction requirement.
-If DWQ does not waive the requirement, they will withdraw their application 9/30/10.
13-Sep-10
The Division met with the applicants:
-The applicants' engineer, Joseph Hill, would determine if the pond could accommodate all of the BUA at full
build out. If so, then the permit can be modified and deed restrictions would not be needed. If the pond could
not accommodate the BUA, the applicants would have to propose an alternative method to manage their
impervious area.
-The applicants' response was due 10/15/10.
15-Oct-10
No response was received by the deadline.
28-Oct-10
The Division requested a response, due 10/15/10.
22-Nov-10
The Division requested a response, due 10/15/10.
30-Nov-10
Andrew McVey emailed that Joseph Hill was working to complete the documentation by the end of the week.
30-Nov-10
Tim Upton contacted the Division about installing a pump in the pond. The Division provided the required pump
specifications on 12/1/10.
21-Jan-11 I
Project Return
2/2

Johnson, Kelly
From: [e-mail]
Sent: Tuesday, November 30, 2010 6:42 PM
To: Johnson, Kelly
Cc: [e-mail]; [e-mail]; Joseph Hill; Scott, Georgette;
Ed Wilkinson
Subject: Re: The Keys at Kure Beach and Kure Beach Village, Stormwater (SW8 940217 & SW8
950814)
Hello Ms. Johnson,
Please accept our apology for being so late in providing you with the information you are seeking.
1 spoke with Joseph Hill yesterday, and he is working feverishly to complete the documentation by the end of
this week. We are confidant he will be in a position to contact you regarding this in the immediate future.
Again, please accept our apology for our tardiness and thank you for your understanding in this matter.
Tim Upton
A/c The Keys at Kure Beach HOA, Inc.
Sent from my Wad
On Nov 22, 2010, at 12:45 PM, 'Johnson, Kelly" <kellyp.iohnsonnncdenr.gou> wrote:
All,
At our September 13`h meeting it was agreed that you would submit a response resolving the
State Stormwater issues for the two subject permits by October 15`h. I have not yet received a
response. Please submit the necessary documentation.
KJ
*** My email has changed to kelly.pJohnson(u ncdenr.gov
K.elLUJ01 v-soo,
Kelly .1ohnson
Environmental Engineer

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, November 22, 2010 12:45 PM
To: '[e-mail]'; '[e-mail]'; '[e-mail]';
'Joseph Hill'
Cc: Georgette Scott
Subject: The Keys at Kure Beach and Kure Beach Village, Stormwater (SW8 940217 & SW8 950814)
All,
At our September 13t' meeting it was agreed that you would submit a response resolving the State Stormwater issues
for the two subject permits by October 15". 1 have not yet received a response. Please submit the necessary
documentation.
KJ
*** My email has changed to kellv.p.iohnson0ricdenr.gov
K.eL4 ohwSow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, October 28, 2010 8:28 AM
To: Johnson, Kelly,'randy_martinsz@bellsouth. net'; 'tim_upton@bellsouth. net'.
'whupdog@bellsouth. net'; 'amcvey@'murchisontaylor.com'; 'randy_martin52@bellsouth. net'
Cc: Scott, Georgette; Lewis,Linda
Subject: RE: The Keys at Kure Beach and Kure Beach Village, Stormwater
From: Johnson, Kelly
Sent: Thursday, October 28, 2010 8:25 AM
To: '[e-mail]'; '[e-mail]'; '[e-mail]';
'[e-mail]'
Cc: Scott, Georgette; Lewis,Linda
Subject: The Keys at Kure Beach and Kure Beach Village, Stormwater.
All,
I am just following up after our September 13th meeting. I have not received the resubmittal for this project which was
due on October 15`h. Please submit that package.
Thanks,
Kelly
*** My email has changed to [e-mail]
►ceULJJ0h0,Sm
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

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MURCHISON, TAYLOR & GIBSON, PLLC
ATTORNEYS AT LAW
WALLACE C. MURCHISON, Retired
JOSEPH 0.'TAYLOR, JR.
FRANK B. GIBSON, JR.
MICHAEL MURCHISON
W. BERRY TRICE
FRED B. DAVENPORT, JR.
G. STEPHEN DIAB
JAMES W. LATSHAW
ANDREW K. McVEY
FAISON GIBSON SUTTON
MARK A. ALLEBACH
SCOTT M. HOLMES
FRANCESY.TRASK
JAMES E. HILL III *
August 31, 2010
Kelly Johnson, Environmental Engineer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Of Counsc/:
CHRISTOPHER J. LEONARD
16 NORTH FIFTH AVENUE
WILMINGTON, NC 28401
'TELEPHONE [phone]
M A IN FAX [phone]
REAL ESTATE FAX [phone]
*Al.. Licensed in South Carolina
RE: Stormwater Project SW8 940217 (The Keys at Kure Beach Village)
Stormwater Project SW8 950814 (Kure Beach Village, Phase 111)
Dear Ms. Johnson:
This will respond to your July 19, 2010 letter.
Although you were kind to include an example of an amendment to the
declaration of another homeowners' association as apparent support for the proposition that the
deed restrictions for both the Keys at Kure Beach Village and Kure Beach Village, Phase III
might be amended, I am not sure you understand that in the example you offered, the developer
still maintained control of the community at the time of the amendment and could amend the
deed restrictions without first having to obtain approval from the Association or its membership.
In contrast, each of the sets of restrictions applicable to the various phases of the
Keys at Kure Beach Village require that 2/3 of the members approve any proposed amendment.
It is our understanding that Kure Beach Village has a similar super -majority requirement. 1 am
not sure that DENR has ever fully understood or appreciated that we believe it is extremely
unlikely either association could muster the requisite authority.
I informed you in my earlier correspondence that unless you could waive the deed
restriction requirement, my client could not continue with the process of re -permitting the
stormwater system in its name and would have to withdraw the permit application. however, it
otherwise remains willing to complete the permitting process. Unless and until you are willing
to do this, Gulfstream Developers, Inc. remains the responsible permittee.
=Y:

If you do not notify us by September 30, 2010 that your office will waive the
restriction, then you should regard the permit application to be withdrawn.
Sincerely yours,
MURCHISON, TAYLOR & GIBSON, PLLC
4w� N
Andrew K. McVey
AKM/96655.2
cc: Faison G. Sutton, Esq.
Tim Upton
Ed Wilkinson

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
August 31, 2010
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. SW8 940217, The Keys of Kure Beach
Stormwater Project No. SW8 950814, Kure Beach Village Phase III
New Hanover County
Dear Mr. Upton:
Dee Freeman
Secretary
The Wilmington Regional Office has not received a response to previous correspondence which
was due on August 9, 2010. Your permit modification request will be returned on September
14, 2010 if a response is not received. The fee will not be returned. The site will be inspected
following this date, and a violation will be issued if the items discussed in prior correspondence
are not resolved.
Please reference the State assigned project number on all correspondence. If you have any
questions concerning this matter please feel free to call me at [phone] or email me at
[e-mail].
Johnson
Engineer
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\940217.aug10
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\950814.aug 10
cc: Joseph Hill, PE, Joseph S. Hill, Jr. and Associates
Stormwater Permitting, WiRO file SW8 940217
Stormwater Permitting, WiRO file SW8 950814
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623.6748
Internet: www.nmaterquality.org
One
NorthCarol i na
Natimally
An Equal Opportunity 1 Affirmative Action Employer

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Tuesday, August 31, 2010 10:25 AM
To:
'Timothy Upton'; 'Andrew K. McVey'; 'Joseph Hill'
Cc:
'Faison Sutton'; Scott, Georgette
Subject:
RE: SW8 940217 and SW8 950814
Attachments:
Kure Beach.pdf
Please see the attached correspondence which will be mailed today.
KJ
From: Johnson, Kelly
Sent: Friday, August 27, 2010 7:44 AM
To: 'Timothy Upton'; 'Andrew K. McVey'; 'Joseph Hill'
Cc: 'Faison Sutton'; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
All,
I have not yet received a response to this letter which was due on 8/9?
Kelly
From: Johnson, Kelly
Sent: Monday, July 19, 2010 2:00 PM
To: Timothy Upton'; 'Andrew K. McVey'; 'Joseph Hill'
Cc: 'Faison Sutton'; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
All,
Please see the attached correspondence which will be mailed today.
Kelly
From: Johnson, Kelly
Sent: Wednesday, June 16, 2010 2:20 PM
To: Timothy Upton; 'Andrew K. McVey'; 'Joseph Hill'
Cc: 'Faison Sutton'; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
Mr. Upton, Mr. Hill & Mr. McVey,
I still have not received a response on the deed restrictions issue first raised on 4/15. Please submit recorded deed
restrictions.
Thanks,
Kelly
From: Scott, Georgette
Sent: Thursday, May 27, 2010 7:55 AM
To: Timothy Upton; Johnson, Kelly; 'Andrew K: McVey'

Cc: 'Joseph Hill'; 'Faison Sutton'
Subject: RE: SW8 940217 and SW8 950814
Dear Mr. Upton,
Our Attorney General representative is also out of the country for two weeks. When she returns and is available
we will discuss the deed restriction requirements.
Georgette Scott
Storniontcr Prognznt Supervisor
Slate Stommater Program
NC Division of water Quality
127 Catlin.,[ Drive Est.
Wilmington, NC 28d0.5
Phone [phone]
Fax [phone]
F�nuril correspondence to and foam this addnass ntay he subject to tm Nonit Carolnta Public Rc(onls law and miry he disclosed to thin) panics.
From: Timothy Upton[mailto:[e-mail]]
Sent: Wednesday, May 26, 2010 8:59 PM
To: Scott, Georgette; Johnson, Kelly; 'Andrew K. McVey'
Cc: 'Joseph Hill'; 'Faison Sutton'
Subject: RE: SW8 940217 and SW8 950814
Dear Ms Scott and Ms Kelly,
Our Attorney, Mr. McVey, is currently out of the country. He will be returning on June 7'b.
We do need to review this matter further with him upon his return and we will get back you shortly thereafter.
Thanks for your understanding in this matter
Timothy Upton a/c The Keys at Kure Beach HO, Inc.
From: Scott, Georgette[mailto:[e-mail]]
Sent: Monday, May 24, 2010 1:12 PM
To: Johnson, Kelly; Andrew K. McVey; Timothy Upton
Cc: Joseph Hill
Subject: RE: SW8 940217 and SW8 950814
As stated below, we will not be waiving deed restriction requirements.
Georgette scow
stnrnuvater Frogman supervisor
Stntc Stomnvater Prognim
NC Division of Water Quality
127 Cardinal Dtivc Ext.
Wilmington, NC 2840.5
Phone [phone]
Fax [phone]
E-mail correspondence to and from this address may be subject to the Noah Carolina Public Records law and nmy be disclosed to tbird panics.
From: Johnson, Kelly
Sent: Monday, May 24, 2010 12:48 PM
To: Andrew K. McVey; Timothy Upton

Cc: Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
All,
I have not seen anything further for this project? It was due on 5/10.
KJ
From: Andrew K. McVey [mailto:[e-mail]]
Sent: Monday, April 26, 2010 3:44 PM
To: Johnson, Kelly; Timothy Upton
Cc: Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
I did call Ms. Scott. My call was not returned. I would still like to discuss this issue with her.
-----Original Message -----
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Monday, April 26, 2010 3:30 PM
To: Timothy Upton
Cc: Andrew K. McVey; Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
Timothy,
I discussed the deed restrictions issues with your attorney, Mr. McVey, last week. I believe that he was going to
call my supervisor, Georgette Scott, to request waiving the deed restrictions requirement because he believes
that the deed restrictions were waived for a similar situation with another project (which I believe was Megans
Place, SW8 990207). 1 discussed this with Georgette, and we cannot waive the deed restrictions requirement. It
deed restrictions were not submitted prior to the Megans Place renewal and if Megans Place is subdivided, then
it was an oversight. Deed restrictions are required for all subdivided projects.
I have discussed this situation with other staff, and have learned that this area may be zoned in such a way that
impervious area is restricted through the zoning code. If that is the case, then you can set your maximum build
out as the maximum percentage allowed by the zoning as opposed to 100% impervious. The attached letter will
be mailed today.
Kelly
From: Timothy Upton [mailto:[e-mail]]
Sent: Wednesday, April 21, 2010 12:04 PM
To: Johnson, Kelly
Cc: Andrew K. McVey; Joseph Hill
Subject: RE: SW8 940217 and SW8 950814
Dear Ms. Johnson,
We understand our legal counsel, Andy McVey, Esq., has been in contact with your office regarding the open item
of the deed restrictions.
We understand the issue is unresolved at this point. As such, we do not believe we will have the open issues
settled by the deadline of April 23r0
Thank you for your understanding in this mater,

The Keys at Kure Beach Homeowners Association
Timothy Upton
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Thursday, April 15, 2010 12:21 PM
To: Timothy Upton
Cc: Joseph Hill
Subject: RE: SW8 940217 and SW8 950814, Reply to your letter April 8
Please see the attached letter.
Thanks,
KJ
From: Timothy Upton[mailto:[e-mail]]
Sent: Wednesday, April 14, 2010 8:46 PM
To: Johnson, Kelly
Cc: Joseph Hill
Subject: SW8 940217 and SW8 950814, Reply to your letter April 8
Dear Ms Johnson,
We received your request for additional information on the above permits.
As I will be out of town from 4/15 through the 19th, I have taken the liberty of scanning our responses. If you
would need the originals, please let me know and I will send them to you when I return on the 20th.
Thank you for your consideration
Timothy Upton
The Keys at Kure Beach Homeowners Association, Inc

���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor I Director
July 19, 2010
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. SW8 .940217, The Keys of Kure Beach
,Stormwater Project No. SW8:95081.4-.Kure Beach Village Phase III
New Hanover County
Dear Mr. Upton:
Dee Freeman
Secretary
The Wilmington Regional Office received a response to a request for Additional Information for
the State Stormwater Management Permit Renewal and Modification Application for the two
subject projects located at off of Kure Village Way on June 23, 2010. The Division of Water
Quality has conducted a preliminary review of that information and determined that the
application is not complete. The following information is needed to continue the stormwater
review:
Deed Restrictions: We understand that it is your intention to combine both permits to
be covered under SW8 940217 and to rescind SW8 950814 in order to more easily
manage your permitting and that you have been unable to muster the requisite
quorum and majority required to amend the and/or impose deed restrictions required
by these permits. Because this is a unique situation in which the developer of both
projects is no longer incorporated, we will have to find an alternate method by which
to manage impervious area for the subject projects. For a similar situation last year,
we allowed an alternative accounting method in which the Architectural Standards
Committee for the property owners' association oversaw impervious area
development for the project. Though the terms in this example may differ from the
subject projects, please use the enclosed example to determine and propose a
method to oversee impervious area accounting for your development.
2. Previous correspondence: Please address the issues raised by previous
correspondence that have not been addressed in this letter.
Please note that this request for additional information is in response to a preliminary review.
The information requested by previous correspondence as well as this letter should be received
in this Office prior to August 9, 2010, or the application will be returned as incomplete. The
return of a project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a
time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone]FAX: [phone]N4 Customer Service:1-877-623-6748 NorthCarolina
Internet:w ,ncviaterquality.org �atur�lt�
An Equal Opporlunty 1Affinnative Action Employer

SW8 940217 and SW8 950814
July 19, 2010
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone] or
email me at [e-mail].
eer
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\940217.ju110
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\950814.ju110
enc : Example Recording Option
cc: Joseph Hill, PE, Joseph S. Hill, Jr. and Associates
Stormwater--Permitting-WiRO file SW894021.7)
Stormwater Permitting, WiRO file SW8 950814
Page 2 of 2

Prepared by and return to:
Brandon Bordeaux, Esq.
Parker Poe Adams & Bernstein LLP
P.O. Box 389
Raleigh, NC 27602-0389
STATE OF NORTI-[ CAROLINA AMENDMENT TO SECOND
AMENDMENT AND RESTATEMENT
COUNTY OF DUPLIN OF COVENANTS AND
MASTER DECLARATION
THIS AMENDMENT TO SECOND. AMENDMENT AND RESTATEMENT OF
COVENANTS AND MASTER DECLARATION (this "Amendment') is made this day
of 2009, by DUPLIN LAND DEVELOPMENT, INC., a North_ Carolina
corporation ("Declarant') and the BOARD, OF THE RIVER LANDING PROPERTY
OWNERS ASSOCIATION, INC;,a North Carolina nonprofit corporation (the "Board").
WHEREAS, Declarant Sled that Second Amendment to and Restatement of Covenants
and Master Declaration in Book 1275, Page 612, in the Office of the Register of Deeds for
Duplin County, North Carolina (the "Registry"), as amended and supplemented by that
Supplementary Declaration of Covenants, Conditions and Restrictions Regarding Maple Creek —
Phase II, River Bend, Red Berry, and Magnolia Bay recorded in the Registry in Book 1279, Page
188, that Supplementary Declaration of Covenants, Conditions and Restrictions Regarding
Firefly,Meadow.I1 and Cardinal Crest recorded in the Registry in Book 1324, Page 692, that
Supplementary Declaration of Covenants, Conditions and Restrictions Regarding Legacy Lakes,
Legacy Woods and Firefly Meadow — Phase III recorded in the Registry in Book 1383, Page
119, that Supplementary Declaration of Covenants, Conditions and Restrictions Regarding
Legacy Oaks recorded in the Registry in Book 1402, Page 68, that Supplementary Declaration of
Covenants, Conditions and Restrictions Regarding Sycamore Forest, Sycamore Glenn and
Legacy Woods, Phase 2 recorded in the Registry in Book 1438, Page 232, that Supplementary
Declaration of Covenants, Conditions and Restrictions Regarding River Ridge, Phase 2 recorded
in the Registry in Book 1477, Page 187, that Supplementary Declaration of Covenants,
Conditions and Restrictions Regarding Riverstone recorded in the Registry in Book 1487, Page
719, that Supplementary Declaration of Covenants, Conditions and Restrictions Regarding Red
PPAB 1522294v4

Berry, Phase 2 and Sycamore Glenn, Phase 2 recorded in the Registry in Book 1487, Page 727,
that Supplementary Declaration of Covenants, Conditions and Restrictions Regarding River
Ridge, Phase 3 recorded in the Registry in Book 1492, Page 594, that Supplementary Declaration
of Covenants, Conditions and Restrictions Regarding Sycamore Lakes and the Peninsula at
Legacy Woods recorded in the Registry in Book 1505, Page 428, that Supplementary
Declaration of Covenants, Conditions and Restrictions Regarding Legacy Oaks West and River
Village Square recorded in the Registry in Book 1520, Page 74, that Supplementary Declaration
of Covenants, Conditions and Restrictions Regarding the Bluffs at River Ridge recorded in the
Registry in Book 1564, Page 5, that Supplementary Declaration of Covenants, Conditions and
Restrictions Regarding the Vineyards at River Landing and Vinter's Row at River Landing
recorded in the Registry in Book 1591, Page 852, that First Amendment-�to Supplementary
Declaration of Covenants, Conditions and Restrictions Regarding the Vineyards at'.River
Landing and Vinter's Row at River Landing recorded in the Registry in_Book 1591; Page 855
that Supplementary Declaration for Joint Driveway Easement recorded in the Registry in Book
1599, Page 653 (the "Restated Declaration");
WHEREAS, Article 10 of the Second Amendment to and Restatement of Covenants and
Master Declaration recorded in Book 1275, Page 612 (the"."Second Amendment"), creates an
Architectural Standards Committee ("ASC") to review""ands,, approve the plans for all
Improvements to be developed, constnicted and reconstructed on the Property;
WHEREAS, all development on the Property is subject to a" North Carolina State
Stormwater Permit, No. SW8 940605, applicable to'wet detention ponds on the Property (the
"Permit"), and each wet detention pond includes a specified drainage area that limits the area that
may be built upon with impervious surfaces (each a "Drainage Area");
WHEREAS, to comply with the limitations set forth in the Permit, the built -upon area
(`BUA") of each Lot on the Property within'each approved Drainage Area must be limited so the
overall maximum allowable BUA for that Drainage Area is not exceeded;
WHEREAS, Declarant and the Board desire to add standards the ASC must enforce with
respect to reviewing, and approving all Improvements to be developed, constructed and
reconstructed on the Property to comply with the Permit by amending Article 10 of the Second
Amendment and, supplementing the Restated Declaration; and
WHEREAS, the Board approved this Amendment by consent vote without a meeting on
a resolution 'proposing these standards in accordance with the Restated Declaration and the
Bylaws of the River Landing Property Owners Association, Inc.;
NOW, THEREFORE, Declarant and the Board, by this Amendment, amend and
supplement the Restated Declaration as set forth below and declare that:
1. Incorporation of Recitals. The above -stated recitals are incorporated herein by
reference. Any capitalized terms not defined herein shall have the meaning assigned to them in
the Restated Declaration.
ITAn 1522284va Page 2 of 6

2. Stormwater Restrictions. The ASC shall implement, comply with and enforce the
following standards with respect to the exercise of its powers and the review and approval of all
Improvements to be developed, constructed and reconstructed on the Property:
(a) The ASC shall have the authority to review and approve, or disapprove as
needed, Lot plans and to establish the BUA limit for each Lot based on the approved
Permit BUA allowances for each Drainage Area (see 2(b) below). The ASC shall remain
a viable entity and may not be dissolved or relieved of its authority with respect to setting
and tracking BUA requirements and compliance, respectively, unless and until a Permit
transfer of ownership, submitted by the current Permit holder, is approved,by the North
Carolina Division of Water Quality (the "DWQ").
(b) The ASC shall keep track of each individual Lot's BUA nd_will provide
to DWQ every six (6) months an updated list of each Lot's recorded BUA. Upon
assignment of all BUA for each Lot in River Landing within the permitted areas, a final
list of recorded BUA for each Lot will be provided to DWQ. The ASC will ensure that
the total proposed BUA within each Drainage Area complies" with the permitted
maximum BUA for the Drainage Area in which the Lot is located. As outlined in the
Permit (Stormwater Permit, No. S W8 940605):'
(i) BUA for Drainage Area l will not exceed 3,454,129;
(ii) BUA for Drainage Area 2 will not exceed 1,130,728;
(iii) There is no Drainage Area 3;'
(iv) BUA for Drainage Area 4 will not exceed 984,368;
(v) BUA for Drainage —Area 5 will not exceed 212,515;
(vi) BUA for Drainage Area 6 will not exceed 837,335;.
(vii) BUA'for Drainage Area 7 will not exceed 3,116,439;
(viii),. BUA for Drainage Area 8A will not exceed 269,885; and
(ix) BUA for Drainage Area 8B will not exceed 770,392.
The amount of BUA allocated to a Lot shall be at the sole discretion of the ASC,
subject to the requirements of the Permit, and, by purchasing a Lot, each Lot Owner
agrees to comply with the maximum BUA established for the Lot by the ASC.
(c) The ASC may not modify or approve a change to any Drainage Area from
the approved plans for the Drainage Area without the prior approval of DWQ. The
process for acquiring this approval will be through the submittal of an application for a
Permit modification.
ITAB 1522284v4 Page 3 of 6

(d) The covenants set forth in this Amendment are intended to ensure ongoing
compliance with the Permit, as issued by DWQ under NCAC 2H.1000. The State of
North Carolina is hereby made a beneficiary of the covenants in this Amendment and
under the Restated Declaration to the extent necessary to maintain compliance with the
Permit.
(e) No term or provision of the Restated Declaration as amended by this
Amendment may be amended or rescinded without the express prior written approval of
the DWQ. 4-11
(f) The Board and the ASC shall comply with, implement and enforce the
Restated Declaration as amended by this Amendment as fully as if -the terms 'of this
Amendment were set forth in the Restated Declaration.
3. Enforcement. The. failure of any Lot Owner to comply'.with a"provision of this
Amendment shall provide the ASC the right to bring legal action at law or in equity, including an
action for injunctive relief, damages or a combination thereof to enforce the provisions of this
Amendment against the violating Owner. All costs and, expenses incurred by the ASC in
terminating or resolving a violation of this Amendment, inclusive of reasonable attorneys' fees
(whether or not litigation is instituted) and court costs shall be'th6 responsibility of the Owner
determined by the ASC to be in violation. Collection'of such reasonable attorneys' fees, costs
and damages may be enforced by any method described in this Amendment and in the Restated
Declaration (including providing for the collection of Assessments), by a civil action to collect
the debt, or as otherwise provided by law. Failure "by the ASC to enforce any provision
contained in this Amendment shall in no'event be deemed a waiver of the right to do so
thereafter or preclude any other Person, including DWQ, from enforcing such violation pursuant
to this Section. All rights and remedies set forth in this Amendment shall be in addition to, and
not exclusive of, all rights and _ remedies that may be enforced by the ASC, the Association
and/or any Owner as provided ,in the Restated Declaration.
4. Covenants remaining in full force and effect. All controls, covenants, conditions,
restrictions, easements, development guidelines, charges and liens established by and contained
in the Restated Declaration 'shall remain in full force and effect, except as amended by this
Amendment.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
1111A13 1522284v4 Page 4 of 6

IN WITNESS WHEREOF, Declarant and the Board have caused this Amendment to be
duly signed under seal effective the day and year first above written.
DUPLIN LAND DEVELOPMENT, INC.,
a North Carolina corporation
By:
Kevin A. Hine, Vice President
[CORPORATE SEAL]
;Y.
STATE OF = =
COUNTY OF
I certify that Kevin A. Hine personally appeared before me this day and acknowledged
that he is Vice President of DUPLIN LAND DEVELOPMENT, INC., a North Carolina
corporation, and that he, as Vice President, being authorized to do so, voluntarily executed the
foregoing on behalf of the corporation for the purposes stated -therein.
Date:
Official Signature of Notary
Notary Public
Notary Public's printed or typed name,
(Official Stamp or Seal) My Commission expires:
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
I>rnn 1522294v4 Pagc 5 of 6

BOARD OF THE RIVER LANDING
PROPERTY OWNERS ASSOCIATION, INC., a
North Carolina nonprofit corporation
10
President
[CORPORATE SEAL]
STATE OF��
COUNTY OF
,y_ f
I certify that personally appeared before me this day and
acknowledged that he is President of BOARD OF THE'R1VER LANDING PROPERTY
OWNERS ASSOCIATION, INC., a North Carolina nonprofit, corporation, and that he, as
President, being authorized to do so, voluntarily executed the foregoing on behalf of the
corporation for the purposes stated therein.
Date:
.Official Signature of Notary
Notary Public
allotary Public's printed or typed name
(Official Stamp or Seal) My Commission expires:
f�4 �
f
1111Aa 152228,10 Page 6 of

r 4%40zo
MURCHISON, TAYLOR & GIBSON, PLLC
ATTORNEYS AT L A W
WALLACE C. MURCHISON, Rmd d
Of Coun.vel:
JOSEPH O. TAYLOR, JR.
CHRISTOPHER J. LEONARD
FRANK B. GIBSON, JR.
MICHAF.I. MURCHISON
W. B li R R Y TRICE,
16 NORTH Fl PrII AVENUE
FRED B. DAVI2NPORT, JR.
WILMINGTON, NC 28401
G. STEPHEN DIAS
June 21, 2010
JAMES W. LATSHAW
ANDR17W K. McVEY
TELEPHONE [phone]
FRANCES Y. TRASK
MAIN FAX [phone]
FAISON GIBSON SUTTON
REAL ESTATE FAX [phone]
MARK A. ALLEBACH
SCOTT M. HOLMES
JAMES E. HILL III*
*Also Licensed in South Carolina
Georgette Scott, Stormwater Program Supervisor
Kelly Johnson, Environmental Engineer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE:
Stormwater Project SW8 940217 (The Keys at Kure Beach Village)
Stormwater Project SW8 950814 (Kure Beach Village, Phase 1I1)
Dear Ms. Scott and Ms. Johnson:
As you know, our firm represents the Keys at Kure Beach Homeowners
Association, Inc. (the "Keys I-IOA"), which submitted a Stormwater permit application which
would have had the effect of consolidating two previously issued stormwater permits and making
the Keys HOA the responsible permittee. We understand that those permits are presently in the
name of Gulf Stream Developers, Inc.
The Keys HOA has provided you the restrictive covenants for both the Keys at
Kure Beach Village and Kure Beach Village. Your office has indicated that in its April 8, 2010
letter that a condition for transferring the permits to the Keys HOA is the enactment of deed
restrictions concerning impervious surface area. Unfortunately, Gulf Stream Developers, Inc.
(the developer of both Kure Beach Village and the Keys at Kure Beach Village) failed to include
the language you seek in the restrictive covenants specific to these two developments.
The Keys HOA is unable to muster the requisite quorum and majority required
to amend the restrictive covenants for the Keys at Kure Beach Village and impose new deed
restrictions upon its membership. Moreover, Phase III of Kure Beach Village is subject to a
completely separate set of restrictive covenants, and the Keys HOA cannot compel the Kure
Beach Village HOA to enact the deed restrictions. Even ifthe Keys HOA were able to do so, the
Kure Beach Village I-IOA faces the same quorum and majority approval obstacles to amending
its restrictive covenants.

You have previously indicated that you are unable to waive the deed restriction
requirement. If this remains the case, then the Keys HOA will have no alternative but to
withdraw its permit applications, leaving Gulf Stream Developers, Inc. as the responsible party.
If you are able to waive this requirement, then the Keys HOA will conclude the permitting
process.
Sincerely yours,
URCHISON,, 1`TAYLIOjR & GIBSON, PLLC
-Kv
ndrew K. McVey I
AKM/96655
cc: Faison G. Sutton, Esq.
Tim Upton
Ed Wilkinson

Johnson, Kelly
From: Scott, Georgette
Sent: Thursday, May 27, 2010 7:55 AM
To: Timothy Upton; Johnson, Kelly; 'Andrew K. McVey'
Cc: 'Joseph Hill'; 'Faison Sutton'
Subject: RE: SW8 940217 and SW8 950814
Dear Mr. Upton,
Our Attorney General representative is also out of the country for two weeks. When she returns and is available
we will discuss the deed restriction requirements.
Gcorbreuc Scott
Stomnszmr Program Supen'ism
Stale Slunimaer Probntmt
NC Division or NVatcr Quality'
127 Cadinal Drive bal.
Wilmington, NC 2840.5
Phonc (910) 796-733.5
Fax [phone]
b: mail correspondence to and 6rnn this address nenv he subject to (tic Nutl6 Carolina PtIlAic Records Loe and may be disclosed to third patlies.
From: Timothy Upton [mailto:[e-mail]]
Sent: Wednesday, May 26, 2010 8:59 PM
To: Scott, Georgette; Johnson, Kelly; 'Andrew K. McVey'
Cc: 'Joseph Hill'; 'Faison Sutton'
Subject: RE: SW8 940217 and SW8 950814
Dear Ms Scott and Ms Kelly;
Our Attorney, Mr. McVey, is currently out of the country. He will be returning on June 7lh.
We do need to review this matter further with him upon his return and we will get back you shortly thereafter.
Thanks for your understanding in this matter
Timothy Upton a/c The Keys at Kure Beach HO, Inc.
From: Scott, Georgette[mailto:[e-mail]]
Sent: Monday, May 24, 2010 1:12 PM
To: Johnson, Kelly; Andrew K. McVey; Timothy Upton
Cc: Joseph Hill
Subject: RE: SW8 940217 and SW8 950814
As stated below, we will not be waiving deed restriction requirements.
Ccorgctic Scott
slonu,elw, Program supemsur
Slate $brnte: ter Pror,T.mn
VC Division or water Qualitv
127 Cardinal Drive Exl.
WilnninbNon, NC 28,10.5
Phone [phone]
Fa,x (9I0) 350-2001

E-mail correspondence to and Gum this address may be subjeo to dm Noah Carolina Niblic Rem.], Lnv and may be disclosed (,,I Iinl patlics.
From: Johnson, Kelly
Sent: Monday, May 24, 2010 12:48 PM
To: Andrew K. McVey; Timothy Upton
Cc: Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
All,
I have not seen anything further for this project? It was due on 5/10.
KJ
From: Andrew K. McVey [mailto:[e-mail]]
Sent: Monday, April 26, 2010 3:44 PM
To: Johnson, Kelly; Timothy Upton
Cc: Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
I did call Ms. Scott. My call was not returned. 1 would still like to discuss this issue with her.
-----Original Message -----
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Monday, April 26, 2010 3:30 PM
To: Timothy Upton
Cc: Andrew K. McVey; Joseph Hill; Scott, Georgette
Subject: RE: SW8 940217 and SW8 950814
Timothy,
I discussed the deed restrictions issues with your attorney, Mr. McVey, last week. I believe that he was going to
call my supervisor, Georgette Scott, to request waiving the deed restrictions requirement because he believes
that the deed restrictions were waived for a similar situation with another project (which I believe was Megans
Place, SW8 990207). 1 discussed this with Georgette, and we cannot waive the deed restrictions requirement. If
deed restrictions were not submitted prior to the Megans Place renewal and if Megans Place is subdivided, then
it was an oversight. Deed restrictions are required for all subdivided projects.
I have discussed this situation with other staff, and have learned that this area may be zoned in such a way that
impervious area is restricted through the zoning code. If that is the case, then you can set your maximum build
out as the maximum percentage allowed by the zoning as opposed to 100% impervious. The attached letter will
be mailed today.
Kelly
From: Timothy Upton [mailto:[e-mail]]
Sent: Wednesday, April 21, 2010 12:04 PM
To: Johnson, Kelly
Cc: Andrew K. McVey; Joseph Hill
Subject: RE: SW8 940217 and SW8 950814
Dear Ms. Johnson,
We understand our legal counsel, Andy McVey, Esq., has been in contact with your office regarding the open item
of the deed restrictions.

We understand the issue is unresolved at this point. As such, we do not believe we will have the open issues
settled by the deadline of April 23"'.
Thank you for your understanding in this mater,
The Keys at Kure Beach Homeowners Association
Timothy Upton
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Thursday, April 15, 2010 12:21 PM
To: Timothy Upton
Cc: Joseph Hill
Subject: RE: SW8 940217 and SW8 950814, Reply to your letter April 8
Please see the attached letter.
Thanks,
KJ
From: Timothy Upton [mailto:[e-mail]]
Sent: Wednesday, April 14, 2010 8:46 PM
To: Johnson, Kelly
Cc: Joseph Hill
Subject: SW8 940217 and SW8 950814, Reply to your letter April 8
Dear Ms Johnson,
We received your request for additional information on the above permits.
As I will be out of town from 4/15 through the 19th, I have taken the liberty of scanning our responses. If you
would need the originals, please let me know and I will send them to you when I return on the 20th.
Thank you for your consideration
Timothy Upton
The Keys at Kure Beach Homeowners Association, Inc

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins
Governor Director
April 26, 2010
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. SW8 940217, The Keys of Kure Beach
Stormwater Project No. SW8 950814, Kure Beach Village Phase III
New Hanover County
Dear Mr. Upton:
Dee Freeman
Secretary
The Wilmington Regional Office received a response to a request for Additional Information for the State
Stormwater Management Permit Renewal and Modification Application for the two subject projects
located at off of Kure Village Way via email on April 21, 2010. We understand that it is your intention to
combine both permits to be covered under SW8 940217 and to rescind SW8 950814 in order to more
easily manage your permitting. The Division of Water Quality has conducted a preliminary review of
that information and determined that the application is not complete. The following information is
needed to continue the stormwater review:
April 15, 2010 Letter: We received your request to waive the deed restriction requirement.
However, please understand that deed restrictions are required by the permit and must be in
place as part of the regulatory framework enforcing the permit conditions. If deed restrictions
have not been recorded and cannot be obtained, then the affected areas must be considered at
full build out (100% impervious) when determining the stormwater requirements.
Additional Guidance: If there are zoning restrictions for the area limiting the percentage of
impervious area for the subdivision(s), then you may consider full build -out at the maximum
amount allowed per the zoning restrictions. If you choose this option, please provide a copy
of the zoning map and a description of the maximum impervious area allowed in that zone
that has been issued by the appropriate regulatory agency.
Please note that this request for additional information is in response to a preliminary review. The
information requested by my April 15, 2010 letter as well as this letter should be received in this Office
prior to May 10, 2010, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90 days
from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement
action pursuant to NCGS 143-215.6A.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: 94,350-20041 Customer Service: 1-877-623-6748 NorthCarOlina
Internet: w ncwaterquality.org
An Equal Opportunity l Affirmative Action Employer ;Vaturall

SW8 940217 & SW8 950814
April 26, 2010
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at [phone] or email me at [e-mail].
Sincere y,
t
'Kelly Johns n
Environmental Engineer
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\940217.apr10_3
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\950814.apr10_3
CC: Joseph Hill, PE, Joseph S. Hill, Jr. and Associates
Stormwater Permitting, WiRO file SW8 940217
Stormwater Permitting, WiRO file SW8 950814
Page 2 of 2

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 15, 2010
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. SW8 940217, The Keys of Kure Beach
Stormwater Project No. SW8 950814, Kure Beach Village Phase III
New Hanover County
Dear Mr. Upton:
Dee freeman
Secretary
The Wilmington Regional Office received a response to a request for Additional Information for the State
Stormwater Management Permit Renewal and Modification Application for the two subject projects
located at off of Kure Village Way on April 14, 2010. We understand that it is your intention to combine
both permits to be covered under SW8 940217 and to rescind SW8 950814 in order to more easily
manage your permitting. The Division of Water Quality has conducted a preliminary review of that
information and determined that the application is not complete. The following information is needed to
continue the stormwater review:
1. Permit Owner: Thanks you for submitting the deeds for the common areas.
2. HOA President: Thank you for submitting meeting minutes documenting the HOA election.
3. Deed Restrictions:
a. We received your request to waive the deed restriction requirement. However, please
understand that deed restrictions are required by the permit and must be in place as
part of the regulatory framework enforcing the permit conditions. If deed restrictions
have not been recorded and cannot be obtained, then the affected areas must be
considered at full build out (100% impervious) when determining the stormwater
requirements.
b. Please review your permits for the language that must appear in the recorded deed
restrictions. I do not see this language in the recorded deed restriction documents for
either permit. Please record these statements with the New Hanover County
Registrar of Deeds and submit a copy of those recorded documents. Please note that
because SW8 950814 built several buildines that were larger than was original]y
permitted, the langua e required to be recorded will need to be updated to reflect
what has been built. If your engineer has questions as to what needs to be recorded,
please have him email me.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: wmnv.nmaterquality.org
An Equal Opportunity1 Alfrmalive Action Employer
NorthCarolina
Naturally

SW8 940217 & SW8 950814
April 15, 2010
Other Items: We will also look forward to your engineer's response on the following items:
a. Impervious Area: Some of the buildings on SW8 950814 have been replaced with
buildings that differ in footprint from what has been permitted. (Some 4-unit
buildings have been built rather than the 2-unit buildings previously permitted.)
Because the impervious area is required to be recorded with the deed restrictions,
please provide a list of each building and each square footage showing that the total
building impervious area for the combined permits will be 296,320ft2 as is specified
in the application.
b. Required Volume: The application shows that the required volume of the pond is
56,974ft3, but the required volume is permitted as 56,019113. Please confirm whether
or not 56,974ft3 a typo.
c. Orifice Diameter: The orifice is permitted to be 3 inches, but the application shows
that it is 3.25 inches. If the pond has been built with a 3.25in orifice, please provide
calculations that required volume, as discussed above, can still drawdown in 2-5 days
per the State regulation.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received in this Office prior to April 23, 2010, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90 days
from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement
action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have, been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. If you have any questions concerning this
matter please feel free to call me at [phone] or email me at [e-mail].
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\940217.apr10_2
GS/KJ: S:\WQS\STORMWATER\ADDINFO\2010\950814.apr10_2
CC: Joseph Hill, PE, Joseph S. Hill, Jr. and Associates
Stormwater Permitting, WiRO file SW8 940217
Stormwater Permitting, WiRO file SW8 950814
Page 2 of 2

Johnson, Kelly
From: Timothy Upton [[e-mail]]
Sent: Wednesday, April 14, 2010 8:46 PM
To: Johnson, Kelly
Cc: Joseph Hill
Subject: SW8 940217 and SW8 950814, Reply to your letter April 8
Attachments: NCDENRreplyAPRIL14 2010.pdf
Dear Ms Johnson,
We received your request for additional information on the above permits.
As I will be out of town from 4/15 through the 19th, I have taken the liberty of scanning our responses. If you would need
the originals, please let me know and I will send them to you when I return on the 20th.
Thank you for your consideration
Timothy Upton
The Keys at Kure Beach Homeowners Association, Inc

KEYS AT KURE BEACH HOMEOWNER'S ASSOCIATION
701 Sailor Court
Kure Beach, NC 28449
April 14, 2010
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Attention: Ms. Kelly Johnson, Environmental Engineer
Subject: STORMWATER PROJECT SW8 940217-THE KEYS AT KURE BEACH
STORMWATER PROJECT SW8 950814-KURE BEACH VILLAGE, PHASE III
Your Request for Additional Information dated April 8, 2010
Dear Ms. Johnson,
Your letter of Apri18, 2010 is seeking additional information on the above referenced
expired permits. The Keys at Kure Beach Homeowners Association is responding, specifically,
to your requests numbered 1, 2 and 4. The responses to requests 3, 5 and 6 will be forthcoming
directly from our engineer, Mr. Joseph Hill.
Request number 1. Permit owner.
We attach a copy of Non -Warranty Deed transferring the common areas, including the pond,
from Gulfstream to the Keys. This document is recorded at Book 1965, page 0116. The
document is dated October 2, 1995 and recorded on December 15, 1995.
Request number 2. HOA President
We attach a copy of the November 7, 2009 Minutes of the Keys at Kure Beach Homeowners
Association Board of Managers meeting. Bullet point number 1, Board Offices, describes the
positions of each board member of the association. I was elected President for a second term of
one year.
Request number 4. Deed Restrictions

We believe we will be unable to achieve the required quorum or majority necessary to amend our
restrictive covenants to fulfill this request. We ask that consideration be given to waive this
requirement under the circumstances.
One additional item that was mentioned in your letter dealt with construction of any
impervious surfaces within the community. We are not clear of the reason for the mentioned
item, however, we are not presently aware of any construction of impervious surfaces. If you
have information to the contrary, please let us know and we will promptly investigate.
Respectfully submitted,
The Keys at Kure Beach Homeowners Association
Tim y Upton
President

r
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 8, 2010
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Association, Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No .�SW8:940217-The Keys of Kure Beach
Stormwater Project.No-SW8.9508� ure Beach Village Phase III
New Hanover County
Dear Mr. Upton:
Dee Freeman
Secretary
The Wilmington Regional Office received a State Stormwater Management Permit Renewal and
Modification Application for the two subject projects located at off of Kure Village Way on April 1,
2010. We understand that it is your intention to combine both permits to be covered under SW8 940217
and to rescind SW8 950814 in order to more easily manage your permitting. The Division of Water
Quality has conducted a preliminary review of that information and determined that the application is not
complete. The following information is needed to continue the stormwater review:
Permit Owner: Please submit documentation that the homeowners association (HOA) owns
the common areas. This is important because both of the current permits were issued to Gulf
Stream Development Group, Inc. This corporation is no longer active according to the North
Carolina Secretary of State (SoS), http://www.secretaiv.state.nc.tis/corporations/. Because
the permit will undergo an ownership change from this entity to the HOA, and the
representatives of the corporation cannot be found we need to verify that the HOA is the
appropriate new permittee. As was discussed in my January 29, 2010 letter please submit
documentation that the HOA owns the common areas. to these situations, we typically
receive a deed granting the property to the HOA.
HOA President: The SoS lists Bryan Strickland as the HOA President, but Timothy Upton
has signed the application and Operation and Maintenance (O&M) agreement as the
president. Mr. Upton was likely elected since the documentation was filed with the SoS. If
that is the case, please simply provide meeting minutes documenting the election.
Alternately, please have Mr. Strickland sign the application and O&M as the president.
f pe:vi us A: Sc::.e of the b' ngs on SWe 950814 have be : repla cd vv h b i:dings
that differ in footprint from what has been permitted. (Some 4-unit buildings have been built
rather than the 2-unit buildings previously permitted.) Because the impervious area is
required to be recorded with the deed restrictions, please provide a list of each building and
each square foota�e showing that the total building impervious area for the combined permits
will be 296,320ft as is specified in the application.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone. [phone] \ FAX: [phone] Customer Service. 1-877-623-6748
Internet w .ncwaterqualily.otg
One
North Caro] i na
An Equal Opportunity V Afltrmativa Aclicn Emplcyur

SW8 940217 & SW8 950814
April 8, 2010
4. Deed Restrictions: Recorded deed restrictions were provided. However, please review your
permits for the language that must appear in the recorded deed restrictions. 1 do not see this
language in the recorded deed restriction documents for either permit. Please record these
statements with the New Hanover County Registrar of Deeds and submit a copy of those
recorded documents. Please note that because SW8 950814 built several building that were
larger than was originally permitted, the language required to be recorded will need to be
updated to reflect what has been built. If your engineer has questions as to what needs to be
recorded, please have him email me.
5. Required Volume: The application shows that the required volume of the pond is 56,974ft',
but the required volume is permitted as 56,019ft'. Please confirm whether or not 56,97411' a
typo.
6. Orifice Diameter: The orifice is permitted to be 3 inches, but the application shows that it is
3.25 inches. If the pond has been built with a 3.25in orifice, please provide calculations that
required volume, as discussed above, can still drawdown in 2-5 days per the State regulation.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received in this Office prior to April 23, 2010, or the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90 days
from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143 2 15.1 and is subject to enforcement
action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or agent. All original documents must be returned or
new originals must be provided. Copies are not acceptable. if you have any questions concerning this
matter please feel free to call me at [phone] or email me at [e-mail].
GS/KJ: S:\WQS\STORMWATER\ADDINEO\2010\940217.apr10
GS/KJ: S:\WQS\S"I'ORMWATER\ADDINPO\2010\950814.apr10
CC: Joseph Hill, PE, Joseph S. Hill, Jr. and Associates
Stormwater Permitting, WiRO file SW8 940217
Stormwater Permitting, WiRO file SW8 950814
Page 2 of 2

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, April 08, 2010 10:47 AM
To: 'Joseph Hill'
Subject: FVJ: Request for time extension for add info response
Attachments: Kure Beach.pdf
Joey,
The attached letter will be mailed today.
Kelly
-----Original Message -----
From: Joseph Hill [mailto:[e-mail]]
Sent: Wednesday, March 31, 2010 12:39 PM
To: Johnson, Kelly
Subject: RE: Request for time extension for add info response
Kelly .... I am finishing up. I will hand deliver to your office on
Thursday without fail. Joey Hill
-----Original Message -----
From: Johnson, Kelly [mailto:[e-mail]]
Sent: Tuesday, March 30, 2010 2:10 PM
To: Joseph Hill
Cc: Hammers, Angela
Subject: FW: Request for time extension for add info response
Joseph,
Have you submitted this package? I have not seen it in the mail. My January 29, 2010 letter
was originally due on 2/22, then 3/5, and then 3/12..
The requested items were closely related to items that Angel Hammers requested on November
18, 2009 after receiving your renewal package on October 22, 2009. I need to get this in
ASAP. If I do not receive it this week I will have to discuss a possible Notice of Violation
with our inspectors.
Thanks,
Kelly
-----Original Message -----
From: Johnson, Kelly
Sent: Friday, March 05,. 2010 12:37 PM
To: 'Joseph Hill'
Subject: RE: Request for time extension for add info response
Due date extended until Friday 3/12.
KJ
-----Original Message -----
From: Joseph Hill [mailto:[e-mail]]
1

Sent: Friday, March 05, 2010 12:01 PM
To: Johnson, Kelly
Cc: [e-mail]
Subject: Request for time extension for add info response
As a follow up to the voice mail messages I left you yesterday afternoon and this
morning, I would like to request a second time extension for: SW8 940217_ The Keys at Kure
Beach, and SW8 950814_ Kure Beach Village Phase III until Monday March 15. This would be
greatly appreciated. Thank you:..Joey
Hill (tele. 799-1544)
q

JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
160211ARBOUR DRIVE
WILMINGTON, NORTH CAROLINA 29401
TELEPHONE [phone]
FAX [phone]
March 31, 2010
Ms. Kelly Johnson
Environmental Engineer
NCDENR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Response to Request for Additional Information
Stormwater Project No. SW8 940217 — The Keys @ Kure Beach
Stormwater Project No. SW8 950814 — Kure Beach Village, Phase III
New Hanover County
Dear Ms. Johnson:
Attached are one (1) original and one (1) copy of the permit application and
supporting documentation in response to your letter of January 29, 2010. These
documents include the following:
1. Stormwater Management Permit Application Form and applicable
attachments.
2. Wet Detention Pond Supplement and O&M Agreement.
3. Copies of Recorded Restrictive Covenants.
4. The Application Fee was previously furnished to your office.
5. Request to consolidate permits from HOA.
6. As Built notated plans.
During your review of this material, please give me a call if you have any
questions.
JSH/pat
Attachments
Sincerely,
JOSEPH S. HILL, J/R-.eannd ASSOCIATES
Joseph S. Hill, Jr., P.E.

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph 11- Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATIO F p
This form may be photocopied for use as an original 1�
I. GENERAL INFORMATION
�>O
1. Project Name (subdivision, facility, or establishment name -should be consistent with project e on
specifications, letters, operation and maintenance agreements, etc.): \ �
Kure Beach Village, Phase III and Keys at Kure Beach
2. Location of Project (street address):
City:Kure Beach County:New Hanover Zip:28449
3. Directions to project (from nearest major intersection):
Beginning at intersection of US 421 & Dow Road in Kure Beach, travel north on US 421 approximately 3800
feet, turn west onto Kure Village Way, travel approximately 1270 feet on Kure Village Way, turn south at
Sloop Point Lane into project
4. Latitude:34' 00' 28" N Longitude:77° 54' 27' W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ❑New ®Modification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number SW8 940217 (combine with SW8 950814) , its issue date (if known)
11/06/1995 & 11/06/1995 and the status of construction: ❑Not Started ❑
Partially Completed* ® Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed, N/A
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ❑Sedimentation/Erosion Control:
❑NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts
ac of Disturbed Area
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
Not Applicable - Project Completed

III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:The Keys at Kure Beach Homeowner's Association Inc.
Signing Official & Title:Timothy I. Upton, President
b.Contact information for person listed in item la above:
Street Address:701 Sailor Court
City:Kure Beach State:NC Zip:28449
Mailing Address (if applicable):701 Sailor Court
City:Kure Beach State:NC Zip:28449
Phone: [phone] Fax: ( ) N/A
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Infor n, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2, a. Print Property Owner's name and title below, if you are the lessee, purchaser or de riper. l t
person who owns the property that the project is located on):
Property Owner
Signing Official &
b.Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (if
State: Zip:
City: State: Zip:
Phone: ( ) Fax: (
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/OrganizatiomSame as la. and 1b. above
Signing Official &
b.Contact information for person listed in item 3a above:
Mailing
City:_

Phone: ( ) Fax: ( )
4. Local jurisdiction for building permits: Town of Kure Beach
Point of Contact: John Batson
IV. PROJECT INFORMATION
Phone #: (910 ) 458-6535
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Runoff will be collected, stored, treated, and discharged in a controlled manner from the wet detention pond
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.Identify the regulation(s) the project has been designed in accordance with:
® Coastal SW -1995 X ❑ Ph 11- Post Construction
Y i9ee Rules I59r 4¢ps
3. Stormwater runoff from this project drains to the Atlantic Ocean River basin.
4. Total Property Area: 25.51 acres
5. Total Coastal Wetlands Area: N/A acres
6. Total Surface Water Area: N/A acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area+:25.51 acres
Total project area shall be calculated to exclude the following the normal yool of imyounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NM line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 52.2 %
9. How many drainage areas does the project have? 1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
APR 01 2010
BY:

Basin Information
Drainage Area 1
Drainage Area _
Drainage Area _
Drainage Area _
Receiving Stream Name
Atlantic Ocean
Stream Class *
SB
Stream Index Number *
99 - (3)
Total Drainage Area (so
1,111,216
On -site Drainage Area (so
1,111,216
Off -site Drainage Area (so
-0-
Proposed Im ervious Area** s
580,220
% Impervious Area** total
52.2
Impervious— Surface Area
Draina e Area 1
Draina a Area
Draina e Area
Draina e Area _
On -site Buildings/Lots (so
296,320
On -site Streets (so
193,160
On -site Parking (so
10,320
On -site Sidewalks (so
73,600
Other on -site (so l' gc'4rgq
6,820
Future(so
-0-
Off-site (so
-0-
Existing BUA*** (so
-0-
Total (so:
580,220
* Stream Class and Index Number can be determined at: http://h2o.enr.state.nc.uslNms/reportslreVortsVVB.html
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
'Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide
Projects in Union County: Contact DWQ Central Ofce .ctafflo check ifthe project is located ' in a Threwled gl o
Endangered Species watershed that may be subject to more stringent stormwater requirements err NBC 02B .0600.
�YIIrl ' 140TV 0 iXOT4 i11101"t &W
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from h!w://h2o.enr.state.nc.us/su/­bmp forms.htm.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://h2o.enr.state.nc.us/su/bmp forms.htm. The complete application
package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating
project on the interactive online map at http://h2o.enr.state.nc.us/su/msi maps.htm.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package from http://h2o.enr.state.nc.us/su/bmp forms.htm.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to !fin✓, G'$4
http:/ /www.envhelp.org/pages/onestoMxpress.html for information on the Express program S� 7- r, jl eo
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for �� AICDURe- 8WQ
additional information and to schedule the required application meeting.)

5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor 14
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the --Y1
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2
mile radius on the map.
7. Sealed, signed and dated calculations. (%A(d 45 r3 crs
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: (15 ELT
a. Development/Project name. N071bEa
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
I. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tic�l 9
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impou ' ed
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required). ,
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify V elevations in addition to depths) as well as a map of the boring locations with the existing v I /
elevations and boring logs. Include an 8.5"xl1" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior
to submittal, [phone].)
// - /V - c7
Q5N cvf a't e7b
� 'dvai�n3�E
10. A copy of the most current property deed. Deed book: 34 Page No: 364
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per NCAC 2H.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretaU.state.nc.us/Corpqrations/­CSearch.aspx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from
htto://h2o.enr.state.nc.us/su/bmo forms.htm#deed restrictions. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot.

VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information). ,.*••••••.... 80�* 5 • IL Gi/191
,a'- t CAPQ(./y . UL si$Z
Consulting Engineer: Joseph S. Hill, Jr., P.E. ;"� .. °•
Consulting
Mailing Address: 1602 Harbour Drive
City: Wilmington
Phone: ( 910 ) 799-1544
Email:[e-mail]
Fax:
e
3�2S��o
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
1, (print or type name of person listed in Contact Information, item 2a) N/A , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item la) with (print or type name of organization listed in
Contact Information, item lb) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
I, , a Notary Public for the State of
do hereby certify that
before me this _ day of
County of
personally appeared
. and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal,
SEAL
My commission

X. APPLICANT'S CERTIFICATION
I, (print or hjpe name of person listed in Contact Information, item 2) Timothy 1 Upton
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormw_att/eerr'rru�les under 15A NCAC 21-1.1000, SL 2006-246 (Ph. II - Post Construction) or
SL 2008-2111.
JSionah�re� //VT/ v ✓Date: 3/;Yo /;?O/fV
_ r
I, QNotary Public for the State of
do hereby certify that n1
before me this day of �x0 and #cknowle4ge th(
a stormwater permit. Witness my hand and official
P NOTARY9�
Z PUBLIC
yq OVER GO.
SEAL
of
personally appeared
n1of the application for
My commission expires / t 1, C/6 1 25 D/

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,r _ _.�. North Carolina Secretary of State
Page 1 of 1
Elaine F. Marshall
Secretary
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PO Box 29622 Raleigh, NC 27626-0622 (919. 07-2000
C ck here to:
Vi w Document Filings I Sign Up for E-Notifications I
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NC THE KEYS AT KURE BEACH HOMEOWNERS Legal
ASSOCIATION, INC.
Non -Profit Corporation Information
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SOSID; 0346900
Date Filed: 3/12/2008 4:17:00 PM
Elaine F. Marshall
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PUN6hh Carolina Secretary of State Page I of 1
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
-- PO Box 29622 Raleigh, NC 27626-0622 [phone]
Corporations Home Click
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Search By Corporate Name Vi
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Homeowners' Association FAQ
NC THE KEYS AT KURE BEACH HOMEOWNERS
Legal
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ASSOCIATION, INC.
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n-Profit Corporation Information
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SOSID:
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SOSID: 0346900
Date Filed: 3112t2008 4:17:00 PM
Elaine F. Marshall
North Carolina Secretary of State
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0
PROJECT NARRATIVE K 9�
NCDENR STORMWATER PERMIT RENEWAL / CONSOLI,DAT�pN
�o
• The Keys at Kure Beach (SW8 940217)
0
• Kure Beach Village Phase III (SW8 950814)
This application is in support of the reissuance of permit SW8 940217 , and eliminating
permit SW8 950814. These projects are serviced by the same stormwater facilities. The
permits were originally issued separately in the 1994 — 1995 time frame, with the Keys
project constructed first. The information contained in this renewal application represents
the current, "as built" status of the two projects. It should be noted that the stormwater
pond was constructed in compliance with rules and regulations in place from 1988. The
pond has not been upgraded, but has been properly operated and maintained through the
years. Additionally, some of the information items regarding the stormwater pond do not
fit the current application template in all cases (ie. forebay design).
A portion of this application addresses issues identified by NCDENR as a result of onsite
inspections and review of the initial renewal request by the applicant (October 2009).
These issues involved furnishing the deed restrictions and clarifying the "as built' tally of
impervious surfaces.
An as built site plan of the "Keys at Kure Beach" was created and shows the location of
the buildings (duplex and quadraplex) on the site. This as built indicates that the number
of units permitted versus constructed did not change. The total number of units is ninety-
two (92) in either case. As is shown on the as built site plan, a quadraplex was substituted
for two (2) duplexes at two (2) locations. Other duplex buildings were relocated or
combined such that the net number of units remains the same. This is shown on the as
built. Recent aerial photographs of the project area were used to verify the as built plan.
Copies of these photos are attached for NCDENR use.
As indicated in the inspection report and shown on the aerial photo, a "pool house" was
constructed at the southwest comer of the Keys site. The pool house was not specifically
referenced on the original plan and calculations, although the "pool" area was shown on
the original plans and calculations, with 6820 SF of impervious area allocated to it.
Measurement of the as built impervious surfaces at the pool site indicates a value of 6966
SF, slightly over the 6820 SF in the design (+146 SF, or +2.14%). This measurement
includes aprons, walkways, parking, and pool house. The measurements were taken
directly from the aerial photos with dimensions checked against known dimensions on
the plan.
Additionally, I reviewed the aerial photos versus the design site plan for the Keys and
KBV Phase III, comparing dimensions of various features. I did not see any real
discrepancies to indicate an excess of impervious surfaces. KBV Phase III was allocated
10,320 SF for the tennis court area, but it appears to be approximately 8500 SF. The
KBV Phase III lots count, street dimensions, etc. are accurate.

.. a
Other than the items discussed above, I do not see any evidence or information that
would indicate impervious surfaces in excess of those permitted.

I
I
I

KEYS AT KURE BEACH HOMEOWNER'S ASSOCIATION
701 Sailor Court
Kure Beach, NC 28"9
February 18, 2010
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, North Carolina 2405
Attention: Ms. Kelly Johnson, Environmental Engineer
Subject: STORM WATER PROJECT SW8 940217-THE KEYS AT KURE BEACH
STORMWATER PROJECT SW8 950814-KURE BEACH VILLAGE, PHASE III
REQUEST TO CORZBINE PERIN TS
Dear Ms. Johnson,
The Keys at Kure Beach Homeowners Association, Inc (hereinafter, the Keys) hereby
requests the consolidation of SW8 940217 and SW8 950814 into a single permit. The Keys
owns the pond and its common areas, and will oversee the entire area covered by the combined
permit. It is believed the consolidation into a single permit will simplify not only our efforts in
fulfilling our obligations under the permit, but will also yield efficiencies to your organization in
administration.
In accordance with your January 29, 2010 letter (and, more particularly, your request for
the pertinent deed restrictions), I enclose a copy of the Declarations of Covenants, Conditions and
Restrictions for The Keys at Kure Beach Homeowners Association, Inc. recorded in:
Book 1879, Page 484,
Book 1783, Page 0221, qpR 4*�
Book 1872, Page 404, �Y 0 Z010
Book 1, Page 0, \
Book 1901901, Page 0299299,
Book 1934, Page 0877, and
Book 1941, Page 1101 of the New Hanover County Registry.
We also enclose a copy of the Declaration of Covenants, Conditions and Restrictions for
Kure Beach Village, Phase III, recorded in Book 1946, Page 0219.

The submittal of our retained engineer, Joseph MR, provides the requested statement regarding
built -upon area in square feet and the other application requirements.
If you have any questions, please feel free to contact me or telephone Mr. Hill directly at
[phone]. We appreciate your attention to our request.
Respectfiilly submitted,
The Keys at Kure Beach Homeowners Association
Timothy Upton
President
Oj
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_..—_..... ... _... ...
K 410E ..
i
1879 0985
Page 36 , of the Raw Baaovar County Registry and is incorporated .
herein by reference. The building is built out of wood frees .
Construction. Each unit contains apprsximately 1-700 square fast
and is divided into two (2) townhouse units. The townhouse units
am designated as Units 825 and 929. As used Main the Lora -
'Unit• shall mean -Townhouse Uait- as that tars is defined by the
C Q wes- Act.
The general common elements are shown on Exhibit -Ae hereto
attached. Each unit owner will receive with the conveyance of his '
Unit an undivided interest in the general common alem■nts.
AaTlcla III.
can A_Z ffEL1crloms. The use of the property shall be in '
accordance with the following Provisions- ...
A. Each of the Units shall be occupied only by a really and
for no other purposes. No Unit any M divided or subdivided into
■ smaller unit nor any portion thereof sold or otherwise
tranefaraed. .'
B. The Common Blmmanto shall be need for the purposes for .. .
Which they are intended In the furnishing of services and
facilities for the enjoyment of the Townhouse Units. -
C. No use or practice shall be permitted an the Townhouse ..
Property which is the source of annoyance to residents or Mich .
interferes with the peaceful possessim'and proper use of the .
property by its residents. All parts of the property shall M kept in a clean and sanitary condition, and no rubbish, refuse or .
garbage allowed to accumulate nor any fire hazard allowed to exist.
go Unit Amer aball permit any use of his Unit or of the Cann
Blaaents which will increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning . .. .
ordinances sad regulations of all goveromwital bodies having
jurisdiction thereof shall be observed. No single rouse any be
D. Reasonable regulations concerning the use of the Townhouse .. . .
Property may M rode and amended from time to tier by THE I= -
HCHBON IERS Assoclmow (t in referred to an the -Aseocietiou-) in .
the manner provided by its By-laws. Copias of the By-law and .
regulations are recorded in pooh 1761, Page 277 at, seq. of the New
Recover County Registry.
AmllQi I9. .. - .
BASS. Each of the nit owners shall Mva an easement in
ooaon with the other unit owner to ass common elements, including .
but not limited to all ewer lines located in the otbar unit and-
j serving his unit. Each unit shall be subject to an easement In
favor of the owner of the other unit to Use all croon elements
serving such other units and located in such unit. TM Amaociaticn
shall have the right to M exercised by the Board of Managers of - .
its Designs, to enter such suit from time to time, at remsaabU
hours as may M necessary for the operation of the property to
inspect the saes, to :move violations therefrom, and to maintain,
repair or replace the corm elements. if any, contained therein or .. .:'
else therein the building.
Tda Declaraut hereby reserves and subjects the lands which are _
the subject to this Declaration to an saaameat of was and anjoyamt
. by the owners and occupants of the respective townhouse nits for
Ingress and agrees to and from all of the common slemnts '
Pertaining to Tca ldti8 A2 MORE 6GC5. Easements ■te ■lso hereby .. .. .. .
created for installation, use, maintenance, repair and replacement .
Of all necessary public utilities, including but not limited to .
swar, water lines, gas, electricity, telephone and mbls
taleviaion for tb2 unc of the abo►a described property ]mown as Tom .
KEYS AT MM BEACH. '

BOOK PACE
1879 0486
All easements berein created and described shall be easements
appurtenant to, and shall run with the land by whomeoawr owaad, .
whether or not the ear shall be contained or referred to in any
future dead or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its granter and
their respective heirs, Do=@ --ors, personal representatives or
K 0 w� ammigns. .
AMCLE T.
. The Association or any Owner, shall bass the
right .
restrictions, ccndittions, covenants, pequity reservations, liens all
charges now or hereafter imposed by tbs provisions of this
Declaration. failure by the association or by any Owner to enforce
any covenant or restriction barain contained shall in no event be
deemed a waiver of the right to do so thereafter. Invalidation of
aeryor of these covenants or restrictias by judgment or court
order shall in oo visa affect any of the other previsions which
shall remain in full force and affect.
ANTICLN v2.
NOTICR. The name and address of the process agent to receive
service of process in any matters affecting the property is as
followm=
ROBERT NEINBA®
A -a Pleasure Island Plata
Carolina Beach, North Carolina 28428
JUMCri v11.
ZUW- Emb individual unit and ita —,divided interest in the
oca oo elemUnta shall be deemed to be a separate parcel and shell
be separately assessed sad tamed for all types of tames autborised
by law, including but net limited to special ad valorem levies and
special assessments. Each unit holder ahs11 be liable solely for
the amount of tames against his individual unit and undivided
interest in the comet elements and shall not be affected by the
comegoence resulting from the tar delinquency or any other unit
Solder.. Nnitbor the building, the property, our any of the c0000
elements shall or a+eaed to be a separate parcel for the purposes
of tametiau.
Amu= vrIl.
AWLZL M- Aosomets against Unit wears by the Board of
Nam ars made pursuant to the By-Lm shall. if not paid when des,
create a lieu in favor of the Association against the unit of the
defaulting wmer as provided n Chapter 47C of the Borth Carolina
Oeoeral Statutes, and shall be collected as provided therein and in
the By -Laws bareto attached.
ANl1CLm IZ.
Li=- All lie provided for bar*" shoal be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
dead of trust given to any lender to aecore a loan, the proceeds of
which are used to finance the parches of say unit or anits, omen
cry such lima provided for banim shall hew been recorded in the
office of the Clark of Superior Court of mew Hanover County prior
to recordation to the said first lien mortgage or deed of treat is
the office of the Register of Deeds of mar Samovar County, North
Carolina.
W

1.
0
J
4
W
tn
1
i
t

PAGE
1878 0488
BT= or
I, - Q QM� e , a Notary Public in and for the
aforesaid County and State, do hereby certify that James D. miller
K ❑ personallSecretary ofwGulfStrom Developers,ared before sm this day c., a Worth acknowledged that is
corporation, and that by authority duly givan end AS the act of the
corporation, the foregoing instrument was signed in its name by its
president, coaled with its corporate weal and attested by him as
its Secretary.
NITEM my hand and notarial stamp or seal, this the _3-Jday ..
of Nay, 1995.
11y oaeatiesion erpiresn '-0.%L P .. ..
u (a4141e S p PURUC .. .
NOTA1111 .. - .
SSATE or NaM CARDLLNA
ILIC
-_
rnoNry or NEW NANOggt s� .2-
4pPfS 00d�
The foregoing certifitata of .
a NotaryPublic. is oartified to be correct. Shia the 11 day of
HIM SM OOSS - IIRZwSme Or DaRM
NYI
sty/m,0604'snt
AMMM 70 RECORD ,
_1M70► IM'f 1991 f�
Ai 9-150-4m
Nun wE 00"
REGM OF E— 7..
NEVI Kgv4A 0"444Y
i

• BOOK PAGE
STATi UIM C" A it: si cr. E :._.:5
Or NEW NAMOYEP. CO. CC.
cdvarr or saN BAlNcvBR z am hf Mari 116 PA 2 51
?RIS DECIARATIUH, made this IS'` day of June, 29%. by MLr
SMAR DEVSlA)PMS, DC., a North Carolina corporation, berainafter
referred to as eDaCISranta, (whether one or aura);
WITasseHTZ
�S. Declarant is the wmar of certain property in Federal
Point Township, Em'a Beam, Rmm Hanover County, North Carolina,
`Mich is more particularly described as follows;
BrrM ALL of THE KEfS AT ZURE BEACB, PH= I-
A, as sham on the nap- therwf recorded in
Plat Book 34, at Pages 27, of the Haw Hanover
County Registry, reference to which is hereby
ands for a more particular description.
NOW, THEREFURS, Declarant hereby submits the above described
property (herein the Rowmouse Propertya), to snit ownership.
Pursuant to North Carolina Cenarai Ststutae 47C and hereby declares
that all of the properties described above shall be held, sold and
conveyed subject to the following oeeo eats. restrictions,
covenants, conditions, uses and obligations which are for the
purpose of protecting the valna and desirability of and which shall
ron with the real property and be binding on all parties having any
right. title or interest in the described propertiea as any part
thereof, their hairs, Successors and assigns. and shall inane to
the benefit of each owner thereof.
AMUMN I.
A. A=. The North Carolina Toenhrnisa Act, Chapter 47C, Worth
Carolina General Statutes.
B. Association. he Kays Wowoumers Association, a North
carollna non-profit corporation, ccmw�osed of the owners of
townhouse units in The Kays.
C. Board. The Board of managers of the Association-
D. &=Lawa. By -Laws of the Asacciation which are hereto
attached and incorporated by reference.
E. common Elements. Shall be need interchangeably with
•common areas• and shall mean or refer to all portions of a
townhouse except the units; and
F. Limited Common Elegant&. Shall be used interchangeably
with limited common areas and shall refer to all portions of the
COmmOn slanamts which era designated for use with a particular
unit.
G.. Common rxosnae&. The expanditares made by or financial
liabilities of the Association, together with any allocations to
reserves.
ARTICLE II.
DPSCRIPTION or BM!fJ GS. The Declarant owns the two-story
buildings which Declarant has divided into ten (30) unite (herein
'The Townhouse Units• or -The Units•), to be used for residential
purposes. The two stories are located above the ground leval. A -
plat of survey by Sherwin Cribb, Registered Land Surveyor, Showing
the location of said building in harato attached as Hxhibit *As and
incorporated by reference. The building is built out of wood frame
construction. Each unit contains approximately 1.500 square feet
333768

BOOR PAGE
1783 0222
and is divided into ten (20) townhouse unite. The townhouse units
are designated on S hlbit -As hereto attached as Units 649, 653,
657, 658, 661, 662. 802, 805, 809 and 813. As used bareim the term
-unit- shall mean -Townhouse Unit' as that tans is defined by the
act.
The general common elements are shown on �)blt sAs hereto
attached. Each unit owner will receive with the conveyance of his
unit an undivided ome-tenth (1/10) interest in the general coaane
elements.
VEy N86TRICYIOMB. The use of the property shall be in
accordance with the following provisions:
A. Each of the Units shall be occupied only by a family and
for mo other purposes. No Unit may be divided ar subdivided into
a smaller unit nor any portion thereof sold or otherwise
transferred.
B. =a Common Elements shall be used for the purposes for
which they are intended in the furnishing of services and
facilities for the enjoyment of the Tosnhoume Units.
C. no use or practice shall be permitted an the Townhouse
property which in the source of annoyance to residents or which
Snterfares with the peaceful possession and proper one of the
property by its residents. All parts of the property shall be kept
in a class and sanitary condition, and no rubbish, refuse or
garbage allowed to accumulate nor any fire hazard allowed to exist.
Ito Unit Owner shall permit arty use of his Unit or of the Common
Elements which will increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations of all governmental bodies having
jurisdiction thereof shall be observed. No single room may be
rented.
0. Mons-, Is regalations concerning the me of the Townhouse
Property may be made and amended from time to time by THE EEYE
Hoproumm AS^ ATion (heroin referred to se the skazaciation-) in
the manner provided by its By-laws. Copies of the By-laws and
regulations are attached beret* and incorporated herein by
reference.
AB.TICf3 Iv.
E&1M' . Each of the unit wears aball haw an easement in
coomah with the other unit owner to use cocoa elements, includ.iml
but not limited to all sewer lines located in the other writ and
serving his unit. Each unit -hall be subject to an easement in
favor of the owner of the other unit to use all commam elements
serving Such other units and located in such unit. The Association
-hall have the right to be exercised by the Board of Managers *r
its Designee, to enter each unit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same, to remove violations therefrom, and to maintain,
repair or replace the common elements, if my, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lands which are
the subject to this Declaration to an easement of use and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the won elements
pertaining to THE EEYS AT EUHE BEACH. Easements are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sever, water lines, gas, electricity, telephone and cable
television for the use of the above described property known as WM
KEYS AT KUEE BEACH.

1783 0223
All easements beaein created and described shall be easements
appurtenant to, and shall run with the land by vhmoever owned,
whether or not the same shall be Contained or referred to in any
future dead or conveyance, and shall at all times Jeans to the
benefit and be binding upon the undersigned, all its grantees and
their respective hairs, successors, personal representatives or
assigns.
AmrlCli V.
. The Association or any owner. shall have the
right to enforce, by any proceeding at Tar or in equity all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the Provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction bars" contained shall in no event be
deemed a waiver of the right to do no thereafter. Zovalidstion of
anyone of theme Covenants or restrictions by Judgment or Court
order shall in no visa affect any of the other provision which
shall remain in full force and affect.
ARIICLE VZ.
*Z=. The name and address of the process agent to receive
service of process in any matters affecting the properly is ea
follows:
ROBEaT WHIHBACH
A -a Pleasure Island Plaza
Carolina Beach, North Carolina 28428
ARTZCLZ VZI.
ZUM. EaCb individual unit and its one -tenth (2/10)
undivided interest in the common elements shall be doomed to be a
separate parcel and aball be separately assessed and Lazed for all
types of taxes authorised by law, including but not limited to
special ad valorem lavies and spacial assessments. Each unit
holder shall be liable solely for the amount of taxes against his
individual unit and undivided interest in the Conn elements and
shall not be affected by the consequence resulting free the tax
delinquency or any other unit holder. Neither the building, the
Property, Our any of the cocoon elements shall be deemed to be a
separate parcel for the purposes of taxation.
ARTICLE VIIZ•
. Assessments against unit owners by the Hoard of
Managers made pursuant to the By -rare shall, if not paid when due,
create a lien in favor of the Association against the unit of the
defaulting owner as provided n Chapter 47C of the North Carolina
General Statutes, and shall be collected as provided therein and in
the By -lava hereto attached.
ARTICLE ZZ.
LIEN$. All liens provided for heroin shall be aubordinate,
and era hereby subordinated, to the lion of any first mortgage or
deed of trust given to any lender to secure a loan, the proceeds of
which are used to finance the parchasa of any unit or units, unless
any such line Provided for herein shall have been recorded in the
Office of the Clark of Superior Court of New Hanover County prior
to recordation to the said first lien mortgage or deed of trust in
the Office of the Register of Deeds of New Hanwvar county, North
Carolina.

BOOR PACE
i7B3 0224
JUMCLS Z.
LnaM. go townbosse unit say be leased except in accordance
with rules and regulaticna promslgatd by tbs Asseciatim. Any
lease or rental (written or oral) on any unit for a rental or lass*
period less than twSlve (22) comsecetivm months is probibited.
Aj=C= 21.
HlmDIRG ETTBCT. The covenants and restrictions of this
Declaration shall run with and bind the lead, and sha11 inure to
the benefit of and be enforceable by the Association, or the owner
of my unit subject to this Declaration, tb ' respective legal
representatives. baits, successors and assigna.
AMCLH III.
bMMM. This Declaration any be amended at any Liss prior
to December 11. 1997 by the Declarant, at its discratim, but rot
to impair the property value of the lot wmerm. 'lhsreaftsr, theme
restrictions may be ameMed by vote of the omnars of tee -thirds
(2/I) of the numbers of the Homeowners Association, PwOvided,
however, no amendment ahall be made to the last paragraph of
Article Iv section 1 without unanimous consent of the Homeowners
Association abd the declarant/developer.
lm m12RESs wmaw, Declarants have hereunto set their hands
and seals, all the day and year first above written.
GOLT STRMM DEVELOPERS. Inc.
A'TTXS!'
7Pres]
f% l� (SEAL)
Se. i
„h0lLeruw
6'lATa OF rtc`wfsntou+
CODRTf OTd "ea�xy
I, K5Jsa n P_ I tiM a Notary Public in
aforesaid county and state, do hereby cartify that Jesse D. Hiller
personally appeared before nu this day and acluawladged that he is
Secretary of Gulf Stream Developers, Inc., a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President, Sealed with its corporate seal and attested by him as
its Secretary
sort n baud and notarial stamp or seal, this the day
of . 19IL_.
my o®Sesion expires:
ti�1 k-'Ito
NOTARY
MSUC
I
STATE OF NORTH CAROLDEA
Newna Candy
T R-V Vhasdfaaasswa
�®o�+wnae,aieee:ara
m a.1li-._ b a Tuivrr nl�
e�iasree,

i

T
Jill 1921;% WTI
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114�
0 0 ~ ^ ~~O".. .iM Ow Y KM
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GLY�IDDN8.�8a'� 6a� �a ai'b

so" PACE
1783 0228
public agency, authority, or utility for each
purposes and subject to such conditions as may be
agreed to by the southern. Except for the grant OC
co,seyance of a standard utility easement in
order to obtain utility service to the coon
area, no such dedication or transfer eha11 be
effective unless an instrument signed by two-
thirds (2/3) of each class of members agreeing.
to such dedication or transfer has base
recorded. provided, homv s ' that the
Association has the authority to dedicate the
streets to the public. With respect to a
standard utility "moment persittiml utility
service to the common area. the Board of
Directors tray authorize the officers to
execute such a grant or conveyance of the
standard utility easements to the utility
company without a vote of the membership of
the associations
E. She right of the Association to impose regulations
for the use and enjoyment of the Como Area and
improvements thereon. which regulations say
further restrict the use of the Common Areas
Bectiou 2. RMM AED DOT=. She Board of Managare shall
have the powers and duties necessary for the adainistration of the
affairs of the Townhouse and Common Elements except such powers and
duties as by law or by these By -Laws may not be delegated to the
Board of Maungers by the unit owners. The powers and duties to be
exercised by the Board of Managers shall include, but not be
limited to, the tollowing:
A. operation, care, upkeep and maintenance of the conocm
elements;
B. Determination of the amounts required for operation,
maintenance and other affairs of the Townhouse and Common
Elements:
C. Collection of the common charges from the unit
owners;
D. Employment and dismissal of personnel as necessary
for efficient s_intensnce and operations
B. Adoption and amendment of rules and regulations
covering the details of the operation and use of the
Townhouse and Common Elements;
P. Opening of bank accounts on behalf of the Owners
Association and designating the signatures required
therefor;
G. Obtaining insurance for the Townhouse Units and
Common Elements pursuant to the provisions of Article V,
Section 2 hereof; and
H. Making repairs, additions and improvements to, or
alterations of, the property and repairs to and
restoration of the property in accordance with the
provisions of these By -Lava, after damage or destruction
by fire or other casualty, or as a result of condemnation
nation
or eminent domain proceedings.
Section 3. ffi.ECflON AND TERM OF OFFICE. The Board of
Managers Shall be elected at the first annual meeting of the unit
Owners, the term of office of the Sooners of the Board of Managers
shall be fixed at three (3) years. At the expiration of the
initial term of office of each respective member of the Board of
Managers, his successor shall be elected to Serve for a tars of
three (3) years. The members of the Board of managers shall hold

office until their respective successors &ball have been elected by
the unit owners. BOOK FACE
BOOK
1763 0225
section j. . Vacancies in the Board of Managers
caused by any rose= sha11 be filled by vote of a majority of the
owners at a special meeting of the unit owners bald for that
purpose promptly after the ceeurrsnce of any such vacancy. arch
person so elected shall be a member of the Board of ors for
the remainder of the term of the member so removed.
Section 5. HL=K" n4. Regular meetings of the Board
of Managers may be bold at such ties and place as shall be
determined f» ties to ties by a majority of the members of the
Board of mangers, but at least con such meeting shall ba- held
during each fiscal year. Notice of regular meetings of the Board
of Manage= aball be given to each member of the Board of managers,
by day mail
named for three (3) business days prior to the
Section 6. $EZQAL, Special meetings of tbs Board
of Managers may be called by any Board member on three (3) business
days' notice to each member of the Board of Managers 91voa by mail
or telegraph, which notice -ball state the time, place and purpose
of the meetings.
section 7. WAIVER OF NOTICE, any member of the Board of
Managers may, at any time. waive notice of any meeting of the Board
of Managers in writing, and each waiver Wall be dewed equivalent
to the giving of scab notice. Attendance by a member of the Board
of managers at any meeting of the Board shall constitute a waiver
of notice by him of the time and place thereof. If all the nrmbars
of the Board of Managers are present at any meeting of the Board,
no notice smell be required and any business nay be transacted at
such meeting.
Section a, oDOEOX OF BOARD OP M71MMM2. At all meetings of
the Board of Managers, all members thereof met attend to
constitute a quorum for the transaction of business and the votes
of all of the members of the Board of Managers shall constitute the
decision of the Board of Managers. If at any meeting of the Board
of Managers there shall be lean then a quorum present. the Board
members present may conduct any business whim might have been
transacted at the seating originally_ called and any action
consented to by the absent Manager in writing within ten (10) days
of said meeting. shall be deemed valid.
gectiun 9. SSlMMMLTICH- No member of the Board or Managers
Wall receive any compensation from the Association for acting as
such.
Section 10. DEapj=. Any deadlock in voting aha11 be
resolved by submitting the matter to arbitration in accordance with
the uniform Arbitration Act as met forth in the north Carolina
General Statutes, Section 1-567.1 at seq.
ARTICLE III
Section 1. Z A0. All meetings of the unit owners shall be
held at the office of the Association or such other place em may be
stated in the notice.
a. The annual meeting of the unit owner- Wall be held at
Enna Beach, Barth Carolina, in each year commencing in 1995;
provided, however, that the first annual meeting will be held w
the first Saturday in October, 1995. At such meeting each unit

owner shall vote to elect the members of the Board of Managers.
Regular annual meetings subsequent to 1995 shall be held on the
first Saturday in October of each succeeding year svless otherwise
determined by the Board of Managers.
b. All annual meetings shall be bald at0fhcm hourpm is
determined by the Board of Managers.
1783 0230
C. At the anneal meeting, the Members shall elect the now
members of the Board of managers and transact such other business
as my properly cams before the Meeting.
Section 7. it "all be the duty of the
president to call a special meeting of the unit owners i1 so
directed by resolution of the Board of Managers or upon a petition
signed and presented to the Secretary by Unit owns= owning a total
of at least fifty percent (Salk) o1 the common interest. She notiaa
of any spacial nesting shall state the time, place and purpose of
the meeting. 2be business transacted at all special meetings shall
be confined to the abject s stated in the notice unless the Board of
Managers smniaoaaly comments to the transaction of business not
stated in the action.
Section t. MU1'1C8 aP Mom. She secretary shall mil to
each unit owner of record a notice of each anneal or special
nesting of the unit severe at least tee (10) days but not more than
twenty (lo) days prior to each meting, stating the purpose thereof
as well as the time and place where it is to be held, at the
building or at such other address as such unit owner shall have
designated by notice in writing to the Secretary. The selling of
a notice of meeting in the Manner provided in this section shall be
considered service of notice.
ss=Qn .. if any meeting of Unit
owners cannot be held became a quorum has not attended, a majority
in common interest of the snit Owns= who are present at each
meeting, either in person or by proxy, may adjourn the seating to
a tine not more than forty-eight (48) hers from the ties the
original meting was called.
Section L. ORUPIt OP Ba=M2. She orda: of business at all
meetings of the Unit Owners sba11 be as follows:
a. Boll call;
b. Proof of notice of meeting;
c. Reading of minutes of preceding Meeting;
d. Reports of Officers;
a. Report of Board of Managers;
f. Reports of Committees;
g. Election of members of the Board of Manages
(when so required);
h. Unfinished business;
i. Rw business. and
J. Adjournment.
Robert's Rules of Order shall be applicable to the conduct of
all meetings of unit owners.
Section 7. VOYM. She owner or owners of each Unit, or soma
person designated by such owner or owaars to act as proxy ou his or
their behalf and who need not be an owner, shall be entitled to
cast the votes appurtenant to Mob Unit at all Meetings of unit
owners. The designation of any such proxy shall be made in writing
to the Sacrotary and shall be revocable at any ties by written
notice to the Secretary by the Owner or Owners so designating.
Each unit shall be entitled to resat one (1) vote at all meetings of
the unit owners. A fiduciary shall be the voting member with
reapoct to any Soenaoaso Unit owned in a fiduciary capauity.

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1783 0231
Section B. MAlO = OP UIi1T OYIa'P_a. As used in this By -Laws
the term 'majority of unit amen• shall ercan those unit owners
having one hundred percent (lost) of the total authorized voters of
all unit owners in person or by proxy and voting at any meeting of
the unit owners, determined in eecurdanee with the provisions of
Section 7 of this Article.
Section 9. QUORUM. Except me, otherwise provided In these By -
Laws. the presence in person or by Prosy of unit Owners having
sixty percent (604) of the total authorized votes of all unit
owners shall constitute a gwnrms at all meetings of the unit
owners.
Section 10. (. The vote of a majority of omit
owners at a meeting at which a quorm shall be present shall be
binding upon all unit owners for all purposes.
Section 11. ➢ZRCXQ E. Amy deadlock in voting shall be
resolved by submitting the matter to arbitration in accordance with
the uniform Arbitration act as set forth in the Borth Carolina
Genaral Statutes, Section 1-567.1 at a".
Section 1. MMjjQg. She principal Officers of the owns=
Association shall be the President and Secretary and Treasurer, all
of vhom shall be elected by the Board of Managers. The Board of
Managers may appoint an Ass sta"t Treasurer. an Assistant Secretary
and such other officers as in its judgment may be necessary. She
President and Secretary and Treasurer most be members of the Board
of Managers
Section a- EAMOB OF OFFICERS. Officers shall be elected
annually by the Board of managers.
Section 1. R=MU OP OFFICERS. Upon the affirentiva vote of
a majority of the members of the Board of Managers, any officer may
be removed, either with or without cause, and him successor may be
elected at any regular meeting of the Board of Managers called for
such purpose.
Section a. PRESIThe president shall be the chief
executive officer of the Owners Association. Be -shall preside at
all meetings of the unit owners and Board of Managers. as shall
have all of the general powers and duties which are incident to the
office of President of a corporation organized under the Business
Corporation law of the State of North Carolina including, but not
limited to, the power to appoint from among the unit owners any
Committee whim he decides 1s appropriate to sexist in the conduct
Of the affairs of the Owners Association.
Section 5. szcREngy. The Secretary shall leap the minutes
Of all meetings of the unit owners and of the Board of managers; be
shall have charge of such books and papers as the Board of managers
may direct. and he shall, in general, perform all the duties
incident to the office of Secretary of a corporation organized
under the Business Corporatim law of the State of Worth Carolina.
Section 6. j$rA==. The Treasurer shall have the
responsibility for Association funds and Securities and shall be
responsible for keeping full and accurate financial records and
books of account &bowinng all receipts and disbursements, and for
the preparation of all required financial statements. am shall be
responsible for the deposit of all moneys and other valuable
effects in the name of the Board of Managers, and be shall, in
general, perform all the duties incident to the office of Traaanrer
of a corporation organized wader the Business Corporation Law of
the State of North Carolina.

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favor of the Association for the enforcement of payment of
delinquent common charges. 900�y PAGE
tion Secj. FQ$fflnMN R OF LIENS EOM &&AID a"& ®AGES.
in any action brought by the Board of Managers to foreclose a lima
on a Townhouse Unit because of Unpaid oammon cbarges, the suit
owner shall be required to pay a reasonable rental for the use of
his Townhouse Unit and the plaintiff In such forsrloaose action
shall be entitled to the appointment of a receiver to collect sock
rental. , A snit to recover a money judgment for unpaid common
charges shall be maintainable without foreclosing or waiving the
lien securing the ease.
Section 6. ST TEMM OF CMEN SURM- The Board of
Managers shall promptly provide any unit owpmr who makae a request
in writing with a written statement of his unpaid C.amn charges.
Section 7. ABATEMENT AND HOOININO OP wIOLi%TIONS. The
violation of any sale or regulation adopted by the Board of
Managers or the breach of any By -Law contained herein shall give
the Board of Managers the right, in addition to any other rights
the Board of Managers to enter the unit Owners Unit to remedy the
violation and they shall not thereby be deemed guilty in any menmer
or trespass: or (b) to enjoin. abate, or remedy saes thing or
condition by appropriate legal proceedings.
A. INDIVIDUAL TOWNHOUSS UNITS. All maintenance of and
repairs to each individual Townhouse Unit, structural or
non-structural, ordinary or extraordinary, (other tbmm
maintenance of and repairs to any common elements
contained therein not nacamaitsted by the negligenoe,
misuse, or neglect of the owner, of such Townhouse Unit)
shall be made by the owner of each TownMwse Unit.. Each
unit owner shall be responsible for all damages to any
other Townhouse Unit and to the common elements resulting
from his failure to affect such maintenance and repairs.
B. CO¶MON EL:2W=. All mal-atonance, repairs and
replacements to the Common elements, whether located
inside or outside of the Townbome Units (Unless
necessitated by the negligence, misuse, jr neglect of a
unit owns, in which came such ezponse shall be charged
to each unit owner), shall be made by the Board of
Managers and be charged to all the unit owners as a
common expense.
'Section 9. The Board of Managers on behalf of the
Association, at its cvmman ezprmee, shall at all times keep THE
C,CMM0N AREAS of the Nays Twnhouse$ insured against lose or damage
by fire, flood or other hazards normally insured against at one
hundred percent (1004) of replacement cost, and such other risks,
including public liability insurance, upon such terse and for such
amounts as any be reasonably necessary from time to time to protect
the propertyp any insurance shall be payable in case of loss to the
Board or It's Designee as Trustee for all unit owners. The Trustee
so named shall have the authority on behalf of the association and
unit owes to deal with the insurer in the settlement of claims.
Each unit owner &hall keep his unit insured against loss and
damage by fire, tornado, wind storm and flood .and against such
other hazards as the Board of Managers may require in an amount
equal to the replacement cost for. said Unit. Each unit owner
agrees upon request of the Board, to provide the Board with
satisfactory proof of said insurance. If the unit owner fails or
refuses to keep said premises so insured the Board of Managers my
obtain such insurance and the cost of said insurance shall be a
lien against said unit as hereinebwe met out.

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9CCn PACE
1783 0237
RULES Arm RECULTLOMS
OF
THE IHYS AT XURB BBA®
1. The walkways in front of the Townhouse and the
entranceways to the Building and the common areas shall not be
obstructed or used for any purpose other than ingress to and egress
from the Units.
2. No exterior of any Unit Shall be decorated by any owner in
any manner without prior consent of the Board of Managers.
3. No boats, trailers, bicycles, scooters, baby Carriages, or
similar vehicles or toys or other personal articles shall be
allowed to stand in any of the common areas without 000wmht of the
Board of Managers.
4. No aver shall sake or permit any noises that will disturb
or vnnoy the occupants of any of the Units in the development or du
or permit anything to be done which will interfere with the rights,
comfort or convenience of other owners.
S. RUoh owner shall keep such owner's Unit in a good state of
preservation and cleanliness and shall not sweep or throw or permiz,
. anything to be swept or thrown therefrom, or fleet the doors or.
vindovs thereof, any dirt or aaber substance.
6. No shades, awnings. window guards, ventilators, farm, an
air conditioning devices -hell be used in or about the building
except ouch as sh-11 bays been approved by the Board of Managers.
7. All garbage and refuse from the Units shall be I- Ited
with care in garbage containers intended for such purpose only at
such times and in such manner as the Board of Managers may direct.
S. Nothing shall be altered or constructed in or removed from
the General Common Area or Elements, except upon the written
consent of the Banal of Itsnagers.
9. All radio, television or other electrical equipment of any
kind or nature installed or used in each unit shall folly oommly
with all rules, regulations, requiresenta, or recommendations of
the Board of lire Underwriters and the public authorities having
jurisdiction, and the omit owner alone shall be liable for any
damage or injury caused by any radio, television, or other
electrical equipment in such unit.
l0. The agents of the Board of Managers and any contractor or
workman authorized by the Board of Hangers may eater any room or
unit in the building at any reasonable hour of the day after
notification (except in case of emergency) for the presence of any
vermin, insects, or other pasts and for the purpose of taking such
measures as may be necessary to control or exterminate any ouch
vermin, insects or other pests.

900n PACE
1783 0238
11. so vehicle belonging to an owner or to a member of the
frilly or guest, tenant, or employee of an owner anal be parked in
such a manner as to impede or m ready access to other
owner's Unit. The owrsra, their esplOywes. Servants. agents,
vlsitora, licensees and the owner's Zanily will obey the patting
regulation posted cu the private streets and drives and any other
traffic regulations promulgated in the future for the safety,
comfort and convenience of the camels.
12. all damage to the Units caused by the moving or carrying
of any article !M1-re,a shall be paid by the owner responsible for
the presence of such article.
13. me owner shall use Or permit to be brought into the Units
any inflammable oils or fluids oath m gasoline, kaxossom, naphtha.
or banaeoo or, other explosives or articles demand extra bassrdoos
to life, limb er property. without in aced case obtaining written
consent of the board of Managers.
14. The Owners -1 a11 not be allowed to pet their Danes On any
entry of the Unite axnapt in the proper places provided for such
purpose.
1S. so owner *hall do my painting of the exterior of the
Units without the written consent of the Board of Managers.
16. Draperlas. blinda. or curtains most be installed by each
Unit Owner on all windows Of his unit and must be maintained in
such windows at all times.
17. Any owner wishing to plant flowers. trees or shrubs
outside of his Limited Common Area most obtain written parnissian
iron the hoard or managers before doing so.
is, any damage to the buildings, recreational facilities, or
other commas areas ar ega,me.r! caused by children ar their quests
mall, be repaired at the expense of the unit owner/parent.
29. Any consent or approval given asd*r them Community rules
by the Board of Mangers -hall be revocable at any time.
20. 'mama Community Rules any be added to or repealed at any
time by the Board or managers.
21. No rentals or mbaent:als of any *nits will be permitted
for a period of laws than twelve (12) consecutive months.
22. The Board of Managers most be given a copy of all laasss
prior to units being occupied by tenants, to ensure the enforcement
of regulation 21.
23. no commercial nosiness my be conducted from aity unit in
accordance with the mmrs Beech Town ordinances.

STATE OF NORTH CRROLDnw
ONLT.I6ATIQ OW
COUNTS OF WHO ®100YER TER was AT ZME Bab=
rMam I-C
THIS DECLARATION, made this L� day of April. 1995. by CALF
SIRE M DEVEWPIDtS. 11C.. a North Carolina cmporati0O. hereinafter
referred to as 'Declarant', (whether can Or morel:
mlTNsssNTa
M&MUM. Declarant is the owner of certain property in Federal
Point Township, More Rearh, New Bmoaer County. Borth Carolina,
which is more particularly described as follows-
BBIB6 ALL of TBB ENS AT KFUH BEACH, PENSE I-
C, as shown on the asp thereof Iecozded L in
Plat Boot 34. at Page 324. of the New Hanover
County Registry. reference to which is hereby
wade for a more particular description.
RUN. TB32ZHPO➢H, Declarant hereby submits the above described
property (herein the 'Townhouse Property'). to Unit ownership
pursuant to North Carolina general Statutes 47C and hereby deClazes
that all of the properties described above shall be bold, sold and
conveyed subject to the following easements, restrictions,
covenants. conditions. uses and obligations which are for the
purpose of Protecting the value and desirability of and whim shall
run with the zeal property and be binding on all I 'as having any
right. title or interest in the described properties or any part
thereof, their heirs. successors and assigns, and s0a11 inure to
the benefit of each owner thereof.
A. A,. The North Carolina Townhouse Act. Chapter 47C. Worth
Carolina General Statutes.
B. AREGGIAtigM. The ieys Homeowners Associatim. a North
Carolina' non-profit corporation, composed or the owners of
townhouse units in The Eeys, as the same In recorded is Hoot 1704.
Page 667 et_ seq. of the New Hanover Canty Registry-
C. ago=. The Board of Managers of the Association.
D. My -laws. By-laws of the Association which are recorded in
Book 1783. ,Page 0227 et.. seq. of. the New Hanover Canty Registry.
R_ Comon Elements. Shall be used interchangeably with
`Comon areas- and shall swan or refer to all portions of a
townhouse except the miter and
P_ Limited Common El®mte_ Shall be Used interchangeably
with limited common areas and shall refer to all portions of the
common elements which are designated for use with a particular
unit.
liabilities vP the Association. expenditures made by or financial
together with any allocatious to
reserves.
�W
DESCRIPMON OF BUILDINGS. The Declarant Dons the two-story
buildings which Declarant has divided into two (2) Units (herein
'The Townhouse baits' or -The Onitsv). to be used for residential
purposes. The two stories are located above the grand level. A
Plat of survey by Nark C- StOCtn, Registered Land surveyor, showing
the location of said buildings is recorded in Imp Boot 23, at Page
gtW000 !S'c'II%:' i'Pi

MWn M 4 5
324, of the New Recover County Registry and is inoozporated herein
by reference_ The building is built out of wood frame
construction. Each unit contains approximately 1-700 square feet
and is divided into two (2) townhouse units. The townhouse units
are designated as Omits 817 and $21. An used herein the term
'Unit' shall scan *Tbwnhoose snit' as that term is defined by the
Act.
The general cones elements are Sham on 2whibit 'A' hereto
attached. Each unit owner will receive with the conveyance of his
unit as undivided interest is roe general coon elements.
USE RESTRICTIONS. The use of the property shall be ion
accordance with the following prwisiaoa: .
A. Each of the Units shall be occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a smaller omit nor any portico thereof sold or otherwise
transferred_
B_ The Common Elements shall he used for the purposes for
which they are intended in the fwcarshing of services and
facilities for the enjoyment of the Townhouse Bairs_
C- No use or practice shall be permitted on the Townhouse
Property which is the sauce of a®oyaccr to residents or which
interferes .with the peaceful possession and proper use of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition. and no rubbish. refuse or
garbage allowed to accumulate car any fire hazard allowed to exist.
so Unit owner shall permit any use of bin Unit or of the Common
Elements which will increase the rate of innQtaOce upon the
Townhouse property or any part thereof. All valid laws. zoning
ordinances and regulations of all governmental bodies having
jurisdiction thereof shall be observed. me side room may be
,,.red-
D. Reasonable regulations concerning the use of the Townhouse
Property may be made and amended from time to time by THE IEYS
HOPEoAIMRS ASSOCIATION (herein ref ,I to as the "Association*) is
the manner provided by its By -Lave. Copies of the By -Laws and
g•lation, axle recorded is Book 1783, Page 277 et. seq. of the New
Hanover County Registsy-
us$!mr$. Each of the unit owners shall have an easement in
coma with the other unit owner to use common elements, including
but not limited to all newer lines located in the other unit and
serving his unit. Each unit shall be subject to an easement in
favor of the owner of the other unit to use all common emaxwnte
serving such other units and looted in such unit. The Association
shall have the right to be exercised by the Board of Managers or
its Desigace, to enter each Bait from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same. to remove violation therefrom, and to maintain,
repair or replace the common elements, if any, contained therein or
else therein the building.
She Declarant hereby reserves and subjects the lands which are
the subject to this Declaration to an easement of use and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the common elements
pertaining to THE KEYS AT KDRE BEACH. Besemants are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
seiner, water lines, gas, electricity, tel and cable
television for the use of the above described property known as TM
KEYS AT KURE BBACK.

NKM ea 406
All easements herein created and described shall be easements
appurtenant to, and shall run with the land by whomsoever owned.
whether or not the ease shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantees and
their respective beirs. successors, personal representatives or
assigna.
. The Association or any Owner. shall have the
right to enforce, by any proceeding at lmr or in equity all
restrictions, conditions, covenants, reservations. liens and
charges now or hereafter imposed by the provisions of this
Declaration_ Failure by the Association or by any owner to enforce
any covenant or restriction beer n contained shall in an event be
deemed a waiver of the right to do so thereafter_ Invalidation of
anyone of these covenants or restriction, by judgment or court
order shall in no wise affect any of the other provisions which
s1a11 remain in full force and effect.
SSE. use name and address of the process agent to receive
service of process in any setters affecting the property is an
follows_
ROBIDQ WWINBAC H
A-4 Pleasure Inland Plaza
Carolina Beach. Worth Carolina 28428
MCHi_ Bach individual unit and its undivided interest in the
common elements shall be deemed to be a separate parcel and shall
be separately assessed and taxed for all types of tares authorized
by law, including but not limited to special ad valorem levies and
special assessments_ Each unit holder shall be liable solely for
the amount of taxes against his individual unit and undivided
interest in the comment elements and shall not be affected by the
consequence resulting from the tax delinquency or any other unit
holder. Heir her the building, the property, nor any of the cdwmoa
elements shall be deemed to be a separate parcel for the purposes
Of tamtiou.
AaMuqMM. Assessments against unit owners by the Board Of
lumgers made pursuant to the By -Laws shall, if not paid when due,
create a lien in favor of the Association against the wit of the
defaulting owner as provided n chapter 47C of the Borth Carolina
General Statutes, and shall be collected as provided therein and in
the By -Laws hereto attached_
L lam. All lines provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
deed of trust given to any lender to secure a loan, the proceeds of
which are used to finan[.,: the purchase of amy unit or units, unless
any such lien provided for herein shall have been recorded in the
Office of the Clerk of Superior Court of New Hanover County prior
to recordation to the said first lien mortgage or dead of trust in
the Office of the Register of Deeds of New Hanover County, Worth
Carolina.

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SWE or Ho.ukCbwA a MdM silt 408
oDwrr or Kew ad,owr
I. @led M. 6%rwa _ a Notary public in and far the
aforesaid CeoDty and State. do MsebY certify char loam D. Niller
personally appeared before me this day and acknowledged that be is
Secretary of Gat Stream Developers. Inc.. a North Carolina
oo[poretion. and that by authority duly given and as the act of the
ecrpomti a. the foregoing Instrument me signed in its name by its
premideot. aealed with its corporate seal and attested by him as
its seQeeary.
WrTM 8s my hand and notarIaL stamp or meal. thin the day
izOMf OF New EUKN f
my No��e. foregoing certificate of
a APB rnblic. is certified to br
RDA yg c�--
.XECO!,Z4LnDVEIR O
WE noes
RZCI-,ER OF oFF.DR
5C7 HfIWrER CL RC
.958M 19 ra IR 17

1901 0299
STATE OF NORTH CAROLINA
DECLARLTla OP
COUNTY OF MEN HANOVER 7SK EM AT E BLm
PHASE 2-B
THIS DECLARATION, made this ,_lyl�'day of July, 1995, by GULP
STREAM DWnUOPHRS, INC., a North Carolina corporation, hereinafter
referred to as •Declarant•, (whether one or more);
WXTNZSBBTK
WHEREAS, Dacia runt is the owner of certain property in Federal
Point Township, Xure Beach, New Hanover County, North Carolina,
which is more particularly described as follwa:
BRING ALL of THE KM AT SURE BBACH, PHASE 2-
B, as shown on the map thereof recorded in
Plat Book .1_9 at Page i1, of the New Hanover
County Registry, reference to which is hereby
made for a mote particular description.
NOW, THEREFORE, Declarant hereby submits the above described
property (herein the -Townhouse Property-). to unit ownership
pursuant to North Carolina General Statutes 47C and hereby declares
that all of the properties described above shall be held, sold and
conveyed subject to the following easements, restrictions,
covenants, conditions, uses and obligations which are for the
purpose of protecting the value and desirability of and which shall
run with the real property and be binding on all parties having any
right, title or interest in the described properties or any part
thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
AFMCf.B I-
000113 DEFINITIONS
A. Act• The North Carolina Townhouse Act, Chapter 47C, North
Carolina General Statutes.
B. ABaaciati0B. The Keys Homeowners Association, a North
Carolina noa-profit corporation, composed of the owners of
townhouse units in The Keys, as the same is recorded in Book 1784,
Page 667 et. seq. of the New Hanover County Registry-
C. Board- The Board of Managers of the Association.
D. @IC -Laws. By -Laws of the Association .which are recorded in
Book 1783. Page 0227 et. seq. of the Mew Hanover County Registry.
B. Common Rlements. Shall be used interchangeably with
•common areas• and shall mean or refer to all portions of a
townhouse except the units; and
P. Limited ommon Rlements. Shall be used interchangeably
with limited common areas and shall refer to all portions of the
common elements which are designated for use with a particular
unit.
G. Common IgMsea. The expenditures made by or financial
liabilities of the Association, together with any allocations to
reserves.
ARTICLE II.
DESCRIPTION OF BUITMINGS. The Declarant owns the two-story
buildings which Declarant has divided into thirty (30) units
(herein -The Townhouse baits• or -The Units-), to be used for
residential purposes. The two. stories are located above the ground
level. A plat of survey by Jack G. Stocks, Registered Land
Surveyor, showing the location of said buildings is recorded in
Resumed?o
�'4 h�!-y'
3'7'9S53

1901 0300
Plat Hook �-� Page ,_Z., of the New Hanover County Registry
and is incorporated by reference.. The buildings are built out of
wood frame construction. Bach nnit contains approximately from
1254 square feet to 2061 square feet and is divided into twenty-two
(221 townhouse units. The townhouse units are designated on said
plat hereto attached as Units 612. 616, 620, 624, 628, 632, 636.
640. 644, 648, 652, 656, 660, 664. 668, 677, 681, $10, 814, 818,
822 and 833. As used herein the term 'Unit' shall mean •Townhwae
Unit• as that term is defined by the Act.
The general comet e1 as Shown on said plat as recorded
in Plat Hook , pageosw"P Each unit owner will receive
with the conveyance of his unit an undivided one-twenty-secood
I1/22nd) interest in the general common elements.
USE RESTRICTIONS. The use of the property shall be in
accordance with the following provisions:
A. Each of the Units shall be occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a smaller unit nor any portion thereof sold or otherwise
transferred.
e. The Cocoon Elements shall be used for the purposes for
which they are intended in the furnishing of services and
facilities for the enjoyment of the Townhouse Units.
C. No use or practice shall be permitted on the Townhouse
Property which is the source of annoyance to residents or which
interferes with the peaceful possession and proper use of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition, and no rubbish, refuse ar
garbage allowed to accumulate nor any fire hazard all to exist_
No Unit Owner shall permit any use of his Unit or of the Camon
Elements which will increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations of all governmental bodies having
jurisdiction thereof shall be observed_ No single zooms may be
rented.
D. Reasonable regulations concerning the use of the Townhouse
Property may be made and amended from time to time by THE BBYS
HDMHOWNERS ASSOCIATION (herein referred to as the -Association') in
the member provided by its By -Lama- Copies of the By -Lave and
regulations are recorded in Book 1783, Page 277 et. seq. of the New
Hanover County Registry_
)ULS. Bach of the unit owners shall have an easement in
cocoon with the other unit owner to use common elements, including
but not limited to all sewer lines located in the other snit and
serving his unit. Bach unit shall be subject to an easement in
favor of the owner of the other unit to use all common elements
serving such other units and located in such unit. The association
shall have the right to be exercised by the Board of Managers or
its Designee, to enter each unit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same, to remove violations therefrom, and to maintain,
repair or replace the comon elements, if any, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lands which are
the subject to this Declaration to an easement of use and enjoyment
by the owner; and occupants of the respective townhouse units for
ingress and egress to and from all of the common elements
pertaining to THE KEYS AT KURE REACH. Basements are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sewer, water lines, gas, electricity, telephone and cable

1991. 0301
television for the use of the above described Property known as THE
KEYS AT KURE BRACH.
All easements herein created and described shall be easements
appurtenant to, and shall rue with the land by whomsoever owned,
whether or not the same shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantees and
their respective heirs, successors, personal representatives or
assigns.
KNFORCHMENT. The Association or any Owner, shall have the
right to mforce, by any proceeding at law or in equity all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction herein contained shall in DO event be
deemed a waiver of the right to do so thereafter. Invalidation of
anyone of these covenants or matrictions by judgment or court
order shall in no wise affect any of the other provisions which
shall remain in full force and effect.
ARTICLE vr.
NOTTCH. The name and address of the process agent to receive
service of process in any matters affecting the property is as
follows:
EOBERT wHINBACH
A-4 Pleasure Island Plaza
Carolina Beach, North Carolina 2842E
ARTICLE vn.
T9ERS: - Hach individual unit and its one -twenty-second
(1/22nd) undivided interest in the common elements sha11 be deemed
to be a separate parcel and shall be separately assessed and taxed
for all types of taxes authorized by law, including but not limited
to special ad valorem levies and special assessments. Hash unit
holder shall be liable solely for the amount of taxes against his
individual unit and undivided interest in the common elements and
shall not be affected by the consequence resulting from the tax
delinquency or any other unit holder. Neither the building, the
property, nor any of the common elements shall be deemed to be a
separate parcel for the purposes of taxation.
ARTICLE vIII.
ASSESS.. Assessments against unit owners by the Board of
Managers made pursuant to the By -Laws shall, if not paid when due,
create a lien in favor of the Association against the unit of the
defaulting owner as provided n Chapter 47C of the North Carolina
General Statutes, and shall be collected as provided therein and in
the By -Laws hereto attached.
ARTICSE II.
LzM. All liens provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
deed of trust given to any lender to secure a loan, the proceeds of
which are used to finance the purchase of any unit or units, unless
any such lien provided for herein shall have been recorded in the
Office of the Clerk of Superior Court of New Hanover County prior
to recordation to the said first lien mortgage or deed of trust in
the Office of the Register of Deeds of New Hanover County, North
Carolina.

800E "AGE
1901 0302
AMCLA 1.
LEASIgG. No tovubouse unit may be leased except in accordance
with rules and regulations promulgated by the Association. Any
lease or rental (written or oral) on any unit for a rental or lease
period less than twelve (12) consecutive months is prohibited.
FT- —A .
BI1mINO gp„n=. The covenants and restrictions of this
Declaration shall run with and bind the land, and shall imwze to
the benefit of and be enforceable by the Association, or the owner
of any unit subject to this Declaration, their respective legal
representatives, heirs, successors and assigns.
AtSiQ.t III.
. This Declaration may be amended at any time prior
to December 31, 1997 by the Declarant, at its discretion, but not
to impair the property value of the lot owners. Thereafter, these
restrictions may be amended by vote of the owners of two-thirds
(2/3) of the members of the Homeowners Association. Provided.
however, no amendment shall be made to the last paragraph of
Article IV Section 1 without unanimous consent of the Homeowners
Association and the declarane/developer.
IN WITNESS IHERBOP, Declarants have hereunto set their bands
and seals, all the day and year first above written.
. ...."'i.n c-, S GULP SIR81W DEVELOPERS, INC.
L- DEEDS
h T_'.'i PABOVE° CO. NC
95 10 PPI 3 "17 p�y��, r,
ATTEST: %' - Pident apgp� ygM%a.M� ,-v�N
(SHAD) s~f ,,mv[f�� )z
STEPIrm ...aiaramt sarratar7 kSEAL �
STATE OF QG'
CODNTy or
I. �,._• 1 _'�..vaL a Rotary Public in and for th►
aforesaid County and State, do hereby certify that STEPEn Mu. . .
personally appeared before me this day and acknowledged that he is Awt.
Secretary of Gulf Srream Developers, Dec., a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrumeet "a signed in its name by its
President, sealed with its corporate seal and attested by him as
its Assiacamt Secretary.
wITNBS my hand and notarial stamp or seal, this the 10 day
of 19:
my C
ooSS
Z—ye1spires:
STATE OF NORTH CAROLNA
New Haameer Caw"
n•��wI1�olCttlieYmM
NfadrMd v1dB. W .s
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nv. ae_112 aww a Se.dd� e�
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NOTARY PUBLIC
f P^� G:ALRYC7EM
"161-K

wwO Pl:.:
1934 9877
STATE OF NORTH CAROLINA
UNCLMATION Or
COUNTY OF NEW HANOVER Tom Km AT Neat B®0
PLUM 2-c
THIS DECLARATION, made this ¢ i' day of September. 1995. by
GULF STREAM DEVELOPERS. INC., a North Carolina corporation,
hereinafter referred to as •Declarant•. (whether now or more):
WXTXBBBRTN
was, Declarant is the owner of certain property in Federal
Point Township. — Beach, New Hanover county. Borth Carolina.
whim is more particularly described em follows_
HEM ALL of TIM BEES AT BBBS BEACH. pea= 2-
C. as shown on the map thereof recorded in
Plat Book 3S. at page 163, of the Now Hanover
County Registry. reference to which In hereby
made for a more particular description.
Now, THEREFORE, Declarant hereby suits the &been described
Property (herein the 'townhouse Property'). to snit ownership
Pursoant to Borth Carolina Gmmeral Statutes 47C and hereby declares
that all of theproperties described above shall he held, sold and
conveyed subject to the following Mesdames ts, restrictions,
covenants, conditions, axes and obligations which are for the
pe;pese of protecting the value and desirability of and which shall
run with the real property and be binding on all parties having any
right, title or interest in the described properties or any
art
thereof, their heirs. successors and assigns, and shall sna<s to
the benefit of each owner thereof.
..00128 ARyrCLB I.
tNt�AL��•`'�' l MPTTIM 4.
A. A=. The north Carolina Townhouse Act. Chapter 47C. North
Carolina General Statutes.
B. Association. The Kays Homeowners Association, a North
Carolina mn-prorit corporation, composed of the owners of
townhouse units in The Eeys, as the seen is recorded in Hook 1784,
Page 667 et- sag_ of the New Hanover County Registry_
C_ Hoard- The Board of ors of the Association_
D. Bv-Laws. By -Lows of the Association which am recorded is
Book 1781. Page e227 at. seq. of the mew Hanover county Registry.
E. common Elements. Shall be used intercbangeably with
'common areas' and shall mean or rater to all portions of a
townhouse a Pt the units: and
P. Limited Common Elements Shall be used interchangeably
with limited common areas and shall refer to all portions of the
Common elements which are designated Car use with a particular
unit.
G. Common Eznenses. The expenditures made by or financial
liabilities of the Association, together with any allocation, to
reserves.
DESCRIMOR OF BUI DIMM. The Doolatant owns the tW-story
buildings which DOClamRt has divided into twmmty-sir (26) units
(herein 'The Townboa_ae Units' or 'The Units'), to be used for
residential purposes. The two stories ate located above the ground
level. A plat of survey by Jack G. Stocks. Registered land
Surveyor, showing the location of said building in recorded in Bap
Ryon
390540

1.1j4 0878
Book 35 at Page 103 and is Incorporated by reference. The building
is built out of wood frame construction. Each unit contains from
1,235 square feat up to 2,OS8 square feet and is divided Into
twenty -sir (26) tovobouse units. The townhouse units are
designated in Map Book 35 at Page 103 as Units 621. 625, 6". 633.
637, 661. 645, 668, 653, 657. "1. 665. "0, 672, "1. 805. 809.
813, 817. 821, 825, 829, 813. 837, 841 and $45. As used berein the
tare -Unite shall mean -rukmb se Unit- as that term it defined by
the Act.
The general Common elements are shown in Map Book 3S at Page
103. Each unit owner will receive with the conrayance of his suit
an undivided one -twenty-sixth (1J26tb) interest in the general
common alaaeots.
E_%i -ii9
USE RPSTBICYIONS. Tbm use of the property shall be in
accordance with the following provisions_
A. Each of the Units shall be occupied only by a feel IT and
for no other purposes. No Unit may be divided or subdivided into
a smaller unit nor any portion thereof sold or otherwise
transferred.
8- The Common Pleats shall be used for the purposes far
which they are intended in the furnishing of services and
facilities for the enjoyment of the Towabousa Units.
C. No use or practice $ball be permitted on the Townhouse
Property which Is the source of annoyance to residents or which
interferes with the peaceful poses on and proper use of the
property by its residents.All parts of the property shall be kept
in a class and sanitary condition, and ne rubbish, refuse or
garbage allowed to accumulate nor any fire hazard allowed to exist.
No Unit Owner shall permit any use of his Unit or of the Commm
Elements which Will Increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations of all governmental bodies having
jurisdiction thereof shall be observed. No single rooms my be
rented
D. Reasonable regulations concerning the use of the Townhouse
Property any be made and amended from time to tins by ffi EaSS
BDM801IIZM ASSOCIATIUN (herain referred to as the -Association-) in
the manner provided by its Dy-Laws. Copies of the By-laws and
regulations are recorded in Rook 1783, Page 277 at. seq. of the Rev
Banover County Registry-
, T'
$ASMEMr . Each of the unit owners shall have an easement in
common with the other unit owner to use common elements, including
but not limited to all sewer lines located in the other unit and
serving his unit. Each unit shall be subject to an easement In
favor of the owner of the other anit to use all cum elements
serving such other units and located in such unit. The association
shall have the right to be exercised by the Board of mangers ar
its Designee, to enter each unit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same, to remove violations theraftor, and to maintain,
repair or replace the common elements, if any, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lands whim are
the subject to this Declaration to an easement of ess and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the common elements
pertaining to THE IPYS AT MM BERCH. Easements are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but net limited to
sewer, Water lines, gas, electricity, telephone and cable

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BOOR PACE
1934 0880
Joncri z
with rsec M. so tomrohoose =It any be leased azcapt in accordance
nA
regulations prmlgatd by the association. Any
Lease or rental (Written or oral) oft any unit for a rental or lease
Period less than toolve (IZ) ooneaontive months is Prohibited.
E
j5ilu)DN_gFECr. The ossanaads and restrictions of this
Declaration shall roe With and bid the lad, And shall iaQm to
the benefit of and be enforceable by the Association. or the owner
of any unit subject to this Declaration. their raapmctiva legal
representatives, hairs, ■accnemars and assigns_
Ate. ''his Declaration any be amended at any time prior
to December 31. 1997 by the Derr»..t, at its discretion. bat net
to impair the property value of the lot wens. 'hereafter. theme
restrictions may be amended by vote of the omoors of tea -taigas
(2/3) of the members of the Mameommers Association, peavidod,
however, on amendment shall be made to the last paragraph of
article IV Section 1 Withoat mnaiaoos consent of the Homeowners
association and the deelaraoVdeealopmr.
aWMZAP, Declarants have hare®to set their hands
the day and year first above Written.
CDIF 67MM DMVEIa1PM, Inc.
$ire CW _ , i r u,
rnasr9 DP—IUA4,.n(.7J
I, Kex-kG �-. 'ill.[ a notary Public ins ad for the
aforesaid FUmiy and state, do hereby certify that James D. Miller
personally appeared before an this day and aclumomledged that he in
Secretary of Golf Stream Developers. Inc., a north Carolina
corporation, and that by authority dsly given and as the act of no
corporation, the foregoing instrument Was signed in its Dame by its
President, sealed with its corporate meal and attested by him as
its Secretary.
of iyl']%]C1_ adiel lstamp or cal, a% day
NY .expires:
POBLIC
KAnE L STOUT
NOTARY PUBtiC
Brunswick Canty. N.C.

2
N
loot PACE
1892 0762
STATE OF NORTH CAROLIM
A11XIDED DICL12LIUM 07
COUNTY OF NEW IAF40M TS6 nTB at RM Oaaca
PR18a 1-a
THIS AMENDED DIC14001001, made this 14 day of June, 1995,
by GULF STRM DZYM M, INC., a North Carolina corporation,
hereinafter referred to as'Declarant•, (wbete one or more);
e I T N a a s a 7 a
WIMMU, Declared is the owner of certain property in Federal
Point Township, Kura Hmme, New Hanover County.
WHERM, Declanot recorded a map of the Kays at More Beach,
Phase 1-8, said map being recorded in Plat Boot la, Page 165 of the
New Hannover County egimry reference to which is hereby made for
a sore particular desmptim; and
Wf ERm, Deelaraat taossdad a Declaration of The Keyes at Ahura
Beach, Phase I-B, amid Waratlon being recorded in Book 1a26,
Page 490 at. seq. of tea Imo Hanover County Registry; and
WHMMhS, Pursomat to Article III of mid Declaration es
recorded in Boot 1824, hge ate Of the New Hanover County Registry,
the Declarant my red the Declarations at any time prior to
December 11, 1997 at its discretion.
Now therefore, the helaraat hereby amends the Declaration of
The Keys at Kum Beam, Hue 1-9, as recorded and submits that
real property designated a Lots 550 and 554 and Ravision of Lots
558. 562, 566, 570, 61e mad 616, Phase I-9, The Kaye at Dare Beach
as shown on that map thereof recorded in Plat Boot _ at Page
_ of the New Hanover Omaty Registry as follommt
0000W MMTICLa X.
DIFINITIO Ni
A. Aso. The Nortl Cudlna Townhorue Act, Chapter 47C, North
Carolina Control Stator.
B. Association. In Lays avwwneis Association, a North
Carolina Nonprofit cuparatimm, composed of the owmam of
townhouse units in the bfs, as the same is recorded in Boot 178e,
Page 667 at. seg. of the hear Hanover County Registry.
C. board. The Bard of Nanagers of the Ammoclatlon.
D. or -laws- $L'faNaot dnYAtho`dfatdal whicBl'ass•i �£h
Book, 1.26Ie^.Pagm022714t; mq; at the NwRmovairConmty, Regtatry.
E. Agana• Shall be used interchangeably with
-common areas• and shell am or refer to all portions of a
townhouse areept the a itst ad
P. r.isited Crossed Meseta. Shall be used interchangeably
with limited common arms ad shall refer to all portions of the
common elements which an designated for ass with a particular
unit.
G. 0MVA.XM=, Las expemiLturms made by or fiwmaial
liabilities of the Aseciais, together with any allocations to
ramerVC5.
6EICLi U.
DESCRIPTION OF SMAiRM, The Declarant owmm the two-stery
buildings which Declarat has divided into thirty (30) units
(herein "The Townhouse Ddhe or -The Units•), to be used for
3MU
vt:.R.YEi/7o
25x2��
-- 324

B004 y60E
residential purposes1 aA;two .tonnes are located above the ground
level. A plat of survey by Jack G. Stocks, Registered land
Surveyor, showing the location of said buildings is recorded in
Plat Book at Page and is incorporated by reference.
The building is built out of wood frame construction. Each unit
❑ �,• contains approximately 1,750 square fast and is divided into thirty
(30) townhouse units. The townhouse units are designated on
Exhibit •A• hereto attached as Units 558R, 562R, 566R, 570R, 601R,
505R, 609R, 630R, 613R, 634R, 617R, 618R, 621R, 622R, 625, 626R,
629, 630R, 633, 634, 637, 638, 6e1, 642, 645, 646, 650, 651, 701,
705, 550 and 554. As used herein the tam 'Unit' shall mean
•Townhouse Unit' as that term is defined by the Act.
The general common elements are shown on Exhibit •A• hereto
attached. Each unit owner will receive with the conveyance of his
unit an undivided one -thirty-second (1/32) interest in the general
cowmen elements.
A MCI.Z M.
USE RESTRICTIONS. The use of the property shall be in
accordance with the following Provisions. -
A. Each of the Units shall be occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a smaller unit nor any portion thereof cold or otherwise
transferred.
B. The Common Elements shall be used for the purposes for
which they are intended in the furnishing of cervices and
facilities for the enjoyment of the Townhouse Units.
C. No use or practice shall be permitted on the TowMwae
Property which is the source of annoyance to residents or which
Interferes with the peaceful possession and proper use of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition, and no rubbish, refuse or
garbage allowed to accumulate nor any fire hazard allowed to exist.
No Unit Owner shall permit any use of his Unit or of the Common
Elements which will increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations of all governmental bodies having
jurisdiction thereof shall be observed. No single rooms may be
rented.
D. Reasoaahle_regmlaWoos. oogpmening.tba, usr ot: tb�3aenbeemm
Proparty,,maW..bec.medm.. and, •-^MOO IrOL:. timL..tal:,timhDY''f�•�D.
HOXWkVM&ANSOCIASIM(berein referred to as the •Associatiao•)AD
the. gas ec.:provided..bP.:.ita.,By„fawm...:Copies..: of,. tAm+.By-Less'-mM�
regulations ass-recendad�im BooW1783y. Paget-227„et., eL. tbevMarm.••
Nenwar.; CouniY.. iZ W iattY
1E1ICLm rt.
P.AMJJW=. Each of the unit owners shall hove an easement in
common with the other unit owner to use common elements, including
but not limited to all saver lines located in the other unit and
serving his unit. Each unit shall be subject to an aamamant in
favor of the owner of the other unit to use all coffin elements '
serving such other units and located in such Unit. The Association
&hall have the right to be exerciaad by the Board of Managers or
its Designee, to enter each unit from time to time, at reasonable
hours as my be necessary for the operation of the property to
inspect the same, to remove violations therefrom, and to maintain,
repair or replace the common elements, if any, contained tbar}ain or -
else therein the building.
The Declarant hereby roservas and subjects the lands which are
the subject to this Declaration to an uaasent of use and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the common elaments
pertaining to THE IEYS AT LURE BEACH. Easements are also hereby

K
6004 PACE
1B92 0764
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sewer, water lines, gas, electricity, telephone and cable
television for the use of the above described property known as SHE
KEYS AT ICURE BEACH.
O+am- All easements herein created and described shall be easements
appurtenant to, and shall run with the land by whomsoever owned,
whether or not the same shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantsas and
their respective heirs, successors, personal representatives or
assigns.
RETICLE V.
ENFORCBlStff'• The Association or any owner, shall have the
right to enforce, by any proceeding at law or in equity all
restrictions, conditions, covenants, reservations, limes and
charges now, or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do ao thereafter. Invalidation of
anyone of these covenants or restrictions by judgment or court
order shall in no vise affect any of the other provisions which
shall remain in full force and effect.
ARTICLm Vt.
NOTICE. The name and address of the process agent to reesive
service of process in any matters affecting the property is as
follows:
ROBERT WRINHACH
A-4 Pleasure Island Plaxa
Carolina Beach, North Carolina 18128
A"ICLN Viz.
TAM. Each individual unit and its one-thirty-eeeond (1/17)
undivided interest in the common elements shall be deemed to be a
separate parcel and shall be separately assessed and taxed for all
types of taxes authorized by laws including but not limited to
special ad valorem levies and special assessments. Each unit
holder shall be liable solely for the amount of taxes against his
individual unit and undivided interest in the common elements and
shall not be affected by the Consequence resulting from the tax
delinquency or any other unit holder. Heithar the building, the
property, nor any of the common slaaants shall be deemed to be a
separate parcel for the purposes of taxation.
nanage
create. as
AS=CLE VIi2,
attached.
eftzd 44
LIM. All liens provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
deed of trust given to any lender to mature a loan, the proceeds of
which are used to finance the purcbe" of any unit or units, unless
any such lien provided for herein shall have been recorded in the
office of the clerk of superior court of Now Hanover County prior
to recordation to the said first lien mortgagor or dead of trust in

< ❑ om.
BOOS PACE
1892 0765
the Office of the Register of Deeds of New Hanover County, North
Carolina.
ARTICLE 1.
LEASING. No townhouse unit may be leaned except in accordance
with rules and regulations promulgated by the Association. Any
lease or rental (written or oral) on any unit for a rental or 1""
period less than twelve (12) consecutive months 1s prohibited.
ARTICLE 11.
BINDING EFFECT. The covenants and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Association, or the owner
of any unit subject to this Declaration, their respective legal
representatives, heirs, successor= and assigns,
ARTICLR AII.
AMENDMENT. This Declaration say be aawseded at any time prier
to December 31, 1997 by the Declarant, at its discretion, but not
to impair the property value of the lot owners. Thereafter, theme
restrictions may be amended by vote of the owners of two-thirds
(2/I) of the members of the Hoseewners Association, provided,
however, no amendment shall be made to the last paragraph of
Article IV Section 1 without unanimous consent of the Homeowners
Association and the declarant/developer.
IN WITNESS WHEREOF, Declarants have hereunto not their hands
and seals, all the day and year first above written.
GULF STREPA DEVELOPERS, INC. '
ATTEST: 1 id iUtk toftGE .
(SEAL) 0iF
sups 1mJ.a. leLro.r socnra7 =.¢. {tr re Val
STATE Oy �aefa r�_rU ec{SEAL - ..
{
COUNTY or m "own T+a
I, so m F. Frio , a Nlotary' lie in and for the
aforeanid County and State, do hereby certify that .Stow Miller
personally appeared before me this day and acluouledpd that be is ens.
Secretary of Golf Stream Developers, Inc., a north Catolles ..
corporation, and that by authority duly given and as the set of tb&
corporation, the foregoing instrument was signed in its now by its
president, sealed with its corporate seal and attested by hie as
its/Secretary.
aces.
WITNESS ry hand and notarial stamp or owl, this the 14 day '
of .hue 19 9S o
My commission expires: Cx^ti 1- PA4At
1I-24-9e MD'fAR1t PUBLIC feY P.F�L��� ..
.. _' : ..A L1;3 VEAIFAs
a r,.Jl. SUE offs .
'4Juj--v. Pe,�C f:;i5i:k of BEE" '
-T f \ r� ,(--w mom 60. NO .
r/ NOTARY 5 e[ �n� �( of ♦p
:%m` laic �,.1 Jta� LLl I Ii 1G 9L9
,y�oL<ti OV .
25AFr TOM

BOOK PAGE
1892 0766
STATE OF NOM CMWLIRA -
{ ❑ wR COONrr OF NEW 6ANCYn ^y
TM ng foregoicartifieato of -�U=h 1 • �ri c t
a Rota Publlc, is ca tifid to be corcaot. T61a tbA day e1
mmm S08 0078 - RRGIETEM of Offi0G
8fs
I
II
I

Q0& ._.:5::: t!:D VERIFIED
�1i BOOC PACE UZY SCE DOTS
i:,ISTU OF DEEDS
STM or NORTH CAROLE14 9 4 1 1101 REV "ROM CO. me r
COUNFf of SHE HANOVER 195 OCT PO PR 9 28
ANSPIDED DECKARATIOH OF THE KERB AT KORK MUM _ -
PHASE IA, PHASE 18, PHASE 1C, PUBS U, PHASE 2B, PHABK 2C
THIS A;OQIDED wMaRATION is a"% this 20 of October, 1995
by Onlf Stream Developers, xw,, a North Carolina corporation
hereinafter referred to as Oenlerant (whether one or more);
000.324 er2gssm re3
WEEN&S, Declarant is the owner of certain reel property In
Federal Point Township, Kure Beach, New Hanover County. North
carclinan
NHSREAB, Declarant recorded maps of The Keys at ELMS Beach,
Phase 2A as recorded in Plat Book 34 at Page 23, Phase 19 as
recorded in Plat Dook 34 at Page 165, Phase 1C an recorded in Plat
Book 34 at Page 324, Pas" 2A an recorded in Plat Hoot 34 at Page
364, Phase 28 as recorded in Plat Book 35 at Page 44, and Phase 2C
as recorded in Plat Book 35 at Page 103, all Of the NOW Hanover
county Registry, reference to which is hereby ands for a more,
particular description; and
IEEM8, Daclarant recorded Declarations of The Keys at Are
Beach, Phase 3A as recorded in Book 1783, Page 222, gt, SEE., Phase
28 as recorded Book 1624, Page 480, $t YSH• and amended in Book
1892, Page 762, At B44•, Phase 1C es recorded in Book 1872, Page
404, mL SM., Phase 2A as recorded in Book 1879, Page 404, BL SM.,
Phase 28 as recorded in Book 1901, Page 399 St SM., Phase 2C as
recorded in Book 1934. Page 877. B%, Sf9•, all of the New Hanover
Canty Registry; and
WHEREAS, pursuant to said Declarationw as hazvicebove
referenced, said restrictions may be amended by the DwAarant at
any ties prior to December 32, 1997 at its disaretioni
WHEREAS, it ran the intent of the Declarant that the owners of
all lots located within The mays as recorded in the plate an
hareinabove referenced, would, by acquiring title, be members of
the Kara Beach Village Homeowners Association, Inc., said Articles
of Incorporation being recorded in Book 14271 Page 823 At MR, of
the now Hanover County Registry;
NOW, THEREFORE, Deodorant hereby aneads the Declaration of The
3993418""`��•

, ►
Basch, BOOK PACE
9
bays at Aare Bch, P" U, MIMI W Thaaa 1C, Phase U, Pbaaa
2B, Phase 2C as herainabove referenced by submitting said late as
described in said Plat Boob and Pa qu as harainabove referenced to
membership of The He Basch norownera association, lac. em set
out in Book 1427, Page e13, 2, agg, of the Now Hanover Cusaty
Registry.
Except am bareinabove as ded the Declaration of The bys at
bore Beach,, all pbasas as haninebove referenced, shall remain
emltered and in tall force and effect.
IN WITHESS WHMMDF, Declarants have hereunto sat their hands
and seals the day and year first above written.
CALF STHHaM DEMIMPERS, INC.
l/President
BT.Ts O! Nosh C�a wG..ec "47
COUNTY OF GICI ,, tt
I, (.c.7k'G t!.. S'7LY t.T a Noottaaryry Public in and for the
aroresald County and State, do beraby oertify that James D. biller
personally appeared before me this day and acknowledged that he is
Secretary of Calf Stream Developers, Inc., a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by his as
its Secretary.
WITNESS my hand and notarial stamp or ea1, this the A0 day
of October, 1995.
mf�haeaTires.
c
KATIE L STOUT
STM OF Nam CANUL]Na NOTARY PUBLIC
COUNTY of REW WWOFER [&� C". K C,
The foregoing certificate of BYprlE L. 6>•
a otary Public, is cortiried to be correct. aD ther -aa day of
r7Jl°IVie- . 190-V.
MARY am OOTS - RIM9TER of aRiOs
BYt
ty/Amp6obawt

KV�E ct\N%u-Aft 5wags08w
AKO VEAIFIE61 9 9 6 0 219
MARY SUE �OUTS IIEGIS�eN OF O1
87112E OF NUNTR C&RDXM EN NEW HAMO Vn"", � 3-1
COUNTY Of 1B71WVIDt .� 1 or COY®/i8.
.AW AE8"IICTIOIH
.O OT MM 158AC11 VUZAGE, SR MOVI 3-3.
0001:A PLAQm YaTl OYVIIOPaml
YHMS DEXMANJ IGN. made thisy r- day of October, 1"3, by
69LP S'tNEal DEVRIMM B, 11C., ■ North Carolina aorparatios,
herelnarter referred to as the `Oevaloperer
wX131888828:
WMWJAS, WLy STMM ummimitB, INC. together with its
predeconaors in title have developed and are developing certain
real estate located in New Hanover County, North Carolina. which is
more particularly dseorlbed as follows: .
all of Lots 1 through 42, Eure 8esoh Village,
Section 3-8. as shown on a amp thereof
recorded in Nap Book 5S at Page 1�1 of
the New 8amover County Registry.
WHEREAS, the Developer desires to J the following uniform
covenants, conditions had restrictions upon said real astate and
the fudge phases, if any, brocght within the development of More
Beach vil3agel
NOW 28NKSPO M, declarmst hereby declares that all of the
properties described above whall be held, sold and conveyed subject
to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of the real estate and which shall run with the real
eatate and be binding on all parties having or acquiring any rigkt,
title or interest in the real estate or any part thereof, their
heirs, successors and assigns, mod aball Learn to the beueflt of
each owner thereof.
. ARTICLE I
Section 1. -ASSOCIATICNv shall wean and refer to the MM
BBACS VILLAGE HOPODOMMIS ASSOCIATION, INC., a non-profit North
Carolina corporation, its successors am assigns.
Section r. •Casson Areal shell mean and refer to all real
property owned or acquired by the Association for the common use
and enjoyment of the Owners, together with any common area
��~ 1
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DUO4 PAGE
1946 0222
section 1. Every owner of a Iot which is subject to
assessment shall be a saber of the Was Basch Village Bcemosmas
Association. Membership shall be apgarteamt to and shall sot be
separated Crcm ownership of any tot which is subject to u.eaost.
Each owner has the duty to comply with and obey these Articles, the
Bylaw of the association and the Bolas and Regalations of the
Assoelation.
ARrlcL6 IV
Section 1. CO&MO I OF TSR LIEN AND FOR80MAL OBiSOMGK Of
ASSESW®R: Each Omar of way Lot by acceptance of a deed
tbarefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay the Associatimt
a. annual assmasmts or cbargses and
B. special assess for capital ix fro"uaut=,
exterior maintenance and insurance in connection With
ooseun area property, math assessaants to
be established and collected, as
herai arter prwidedt and a pro rate share
of ad valorem tam levied against the
-
coaon area.
The annual and special assessments, together with interest,
costa, and reasonable attorneys foes, shall be a cbaxge on the
land and shall be a coctinning lion upon the property against which
each assessment is ends. Each each assessment, together with
interest, coats and reasonable attorneys Leas, shall also be the
personal obligation of the persons who ware the Owner of such
property at the time when the installment fall doe. The personal
obligation for delinquent assessments Shall not pass to his
successors In title unless expressly assawd by them, provided,
however, each assessment shall always be a limn upon the land until
paid, and no sale shall extinguish such assessment,
It is expressly provided, however, that in considsratLon of
the declarants prior construction of the clubhouse, swiaing pool
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babare as thin day and somorledgmd that ,_ is Secretary or
8Wi8T� mvzzm�' IC:., a worm carmum ooaparatiam, and that
by authority dray given and as the act or the Corporatlm, tbo
iore"A q imtzvant was sigma it its oocpoeate Game by its
President, *Gland with its aaeporata anal and attested by _
as its secretary.
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104 . PACE
1832 0762
STATE OF NORTH C&ROUVA
11fISIDOD DICL NATION 07
COUNTY OP Ntw HAMM TIE ISU AT. L011 BEAM
PBA81 I-8
THIS ARMED D&'LLTIOH, made this 14 day of Juns, 1995,
by GOLF STREAM DEVMM, rNC., a North Carolina corporation,
bersinatter referred to a *Declarant-. (whether one or more)t
I I T N 1 8 8 1 7 1
WHEREAS, Declmat is the Amer of cartain property in Federal
Point Township, %ore And, Per Hanover County.
WHEREAS, Dacia= ranted a map of the Ways at Lora beach,
Phase I-B, amid map beig ranted in Plat book 34, Page 163 of the
New Hanover County Bgimtnp reference to which is hereby suds for
a Sara particular ducr*im; and
WHEREAS, Declarat term 1, 1 a Declaration of The Leym at More
Beach, Phase 1-5, Said dmdaration being recorded in Boot 1826,
Page 680 at. seq. of the Me Hanover County Registry; and
WHEREAS, Pursuat to Article III of said Declaration we
recorded in Book 1824, Page tea of the Now Hanover County Registry,
the Declarant say arced to Detlaratioas at a" time prior to
December 31, 1997 at its Aeration.
Now therefore, the rolarant hereby erode the Dnclaration of
The Keys at Kum Bead, Paeee I-8, an recorded and submite that
real Property designated as lots 550 and 556 and Revision of Lots
558, 562, 566, 570, 610 ad 616, Phase 1-6, The Kaye at [tare Beam
as shown on that map Mean recorded in Plat Book _ at Page
_ of the New Hanover Omcy, Registry as follows:
000M w"CL1 I.
DIFIVITIONS
A. M. The ROM Molina Townhouse Aft, Chapter 47C, North
Carolina General Stabnn.
B. EMCCiatim• As Up Homeowners Association, .a North
Carolina rn-Profit aapration, cmpwed of the owners of
t0whbOUse units in TM Eta, as the sane is recorded in Book 1784,
Page 667 at. seq. of tam Ow Hanover County Registry.
C. A21n. The Bond of Wagers of the Association.
D. Bv-LA". By-Uasat thrAfh'odfatioe MYieff'uati:i oid�&�8t
Book.: L783v..Pagv:0327'K: Mq; of.'the Am , 8maawWCouety Registry.
E. Common Elemods. Shall be Used interchangeably with
-common arms- and aWl ran or refer to all portion of a
townhouse except the Swat an
P. n.lei�. Shall be Peed lntsrehsngasbly
with limited fordo one wal shall Eder to all portions of the
common elements whim ar designated for use with a particular
unit.
G. Ronson Eamenmm, The expenditures made by or ammial
liabilities of the Asaciatla, together with any allocations to
reserves.
Invers U.
DESCRIPTION Or beDAim. The Declarant owns the two-story
buildings which Deflamn has divided into thirty (30) units
(herein *The Townhouse baits- or "he Units*), to be owed for
3766U
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Bou p.4.CE
1822 0764
created for installation, use, maintenance, repair and replacement
Of all necessary public utilities, Including but not limited to
sower, water lines, gas, electricity, telephone and cable
television for the use of the above described property kmowb as SHE
KEYS AT SURE BEACH.
DAll easements herein created and described &hall be easements
appurtenant to, and shall run with the land by whomsoever owned,
whether or not the same shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantees and
their respective heirs, successors, personal repressntativss or
assigns.
ARTICLE V.
ENFORCEMENT. The Association or any Owner, shall have the
right to enforce, by any proceeding at law or in equity all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by any Owner to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. Invalidation of
anyone of theca covenants or restrictions by judgment or court
order shall in no vise affect any of the other provisions which
shall remain in full force and affect.
MOTI . The name and address of the process agent to receive
service of process in any matters affecting the property is as
follows:
ROBERT wEINBACH
A-4 pleasure Island Plaza
Carolina Beach, North Carolina 28428
ARTICLE VII.
TAXES. Each individual unit and Its ona-thirty-second 11/I7)
undivided interest in the common elements shall be deemed to be a
separate parcel and shall be separately asmamed and taxed for all
types of taxes authorised by law, including but not limited to
special ad valorem levies and special assessmanta. Each unit
holder shall be liable solely for the amount of taxes against his
individual unit and undivided interest in the common elements and
shall not be affected by the consequence resulting from the tax
delinquency or any other unit holder. Smith" the building, the
property, nor any of the common elements shall be deemed to be a
separate parcel for the purposes of taxation.
ARTICLE Vial.
LIM. All lima provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
dead of trust given to any lender to secure a loan, the proceeds of ..
which are used to finance the purchase of any unit or units, unless
any such Ilan provided for heroin shall have been recorded in the
Office of the clerk of Superior Court of New Hanover County prior
to recordation to the said first lion mortgage or dad of trust in

SOOC FLOE
1892 0785
the Of flce of the Register of Deeds of New Hanover County, North
Carolina.
K ❑ ARTICLE X.
LEASING. No townhouse unit may be leaned except in accordance
with rules and regulations promulgated by the Association. Any
lease or rental (written or oral) on any unit for a rental or lease
period less than twelve (12) conseautivs months is prohibited.
ARTICLE II.
BINDING EFFECT. The covenants and restrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of and be enforceable by the Association, or the owner
of any unit subject to this Declaration, their respective legal
representatives, hairs, successors and assigns.
RRTICLE III. .
AMMOMENT. This Declaration MAY be asaMed at any time prior
to December 31, 1997 by the Declarant, at its discretion, but not
to impair the property value of the lot owners. Tbereefter, tbese
restrictions may be amended by vote of the owners of two-thirds
(2/3) of the Bambara of the Homeowners Association, provided,
however, no amendment shall be merle to the last paragraph of
Article IV Section 1 without unanimous consent of the Homeowners
Association and the declarant/developer.
IN WITNESS WHBREOP, Declarants have hereunto set their hands
and seals, all the day and year first above written.
GOLF STREAK DIV9WPERS' INC.
ATTEST: Ip&miden<
OEYE�
A
Sim IfWr
O.III. amlarat Saere[arP S .
STATE OF wren ryas .0 SEAL
COUNTY or m nuum
I. Seam P. Prlo , a Notarg' lic In and for the
aforesaid county and State, dD Hereby certify that sta a Miller
personally appeared before r this day and acknowledge! that he La ANN.
Secretary of Gulf Stream Developers, Imo., a North Carolina ..
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
president, sealed with its corporate seal and attested by bin me
its tSacretary. ,
Assn.
WITNESS my home and notarial stamp or seal, this the 1� "T
of Jvs
my commission expiry: SAO 01. r�fL
11-24-96 NOTARY PUBLIC
` 3 r ..- C-IT So¢ o0T5 y
4 ypSPr •�C fE:'Si:a of DEEDS
a () NOTARYt:TTTaaa`t ad��r�pl�'S'tlCDYEm4C0.MC
• imi ` IaiE �J.1 JweW IIi�99
Sgl, PUBLIC 'e$
32,41t

Kai
BOOK PACE
1692 0766
stria or Rom GaotaxA
{ ❑ ~� CoUb"M Or SSW aMOM TM foregoing certificate of-qulvah r ^y • t
a aotar Pablia, Is cartiflied to be correct. This toe day aL
._a , 19
M➢" SM Odle - RzGXSM or caw
WE:
I
32

lifilininifil
0033936
iFGR REGISTRRTIOjENNIFN GISTER OF DEED:
NEW E HRRVEDR RE
CD COUNTY, ANC
1010 DEC 14 03:21:12 PM
BK:5532 PG:2261-2264 4:0.B0
IMF ¢ NIN35936
NORTH CAROLINA QUIT CLAIM DEED
Parcel Identification Number: R09209-009-046-000
Mail after recording to: Charles D. Meier, P.O. Drawer 2088, Wilmington, NC 28402
This instrument was prepared by: Charles D. Meier NO TITLE EXAMINATION
PERFORMED OR REQUESTED
Property conveyed is not the principal residence of Grantor. No Revenue Stamps
Brief Description for the Index
Pond Area The Keys at Kure Beach MB 35 PG 44
THIS DEED made this 2nd day of December 2010, by and between
Kure Beach Village Homeowners
Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
The Keys at Kure Beach Homeowners
Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WHEREAS Grantor is the non-profit corporation or association acting as the homeowners
association for a certain real estate development known as "Kure Beach Village" located in New
Hanover County, North Carolina as described in an Amended Declaration recorded in Book
2514, Page 0425, New Hanover County Register of Deeds;

WHEREAS Grantee is the non-profit corporation or association acting as the homeowners
association for a certain real estate development known as "The Keys at Kure Beach" located in
New Hanover County, North Carolina as described in a Declaration recorded in Book 1783, Page
221, New Hanover County Register of Deeds;
WHEREAS by Deed recorded November 22, 1996 in Book 2108, Page 349, The Keys at Kure
Beach Homeowners Association, Inc. conveyed to Kure Beach Village Homeowners
Association, Inc. certain property described therein;
WHEREAS the description of the property conveyed was in some instances confusing and
ambiguous;
WHEREAS, it was confusing and ambiguous whether "that pond as set out in Map Book 35,
Page "" was intended to be conveyed or excluded from the conveyance;
WHEREAS it was not the intent of The Keys at Kure Beach Homeowners Association, Inc. to
convey "that pond as set out in Map Book 35, Page 44" nor was it the intent of the Kure Beach
Village Homeowners Association, Inc. to accept a conveyance of "that pond as set out in Map
Book 35, Page 44";
WHEREAS Grantor and Grantee desire to eliminate any confusion or ambiguity regarding the
description in said Deed and have agreed to enter into this Quit Claim Deed;
NOW THEREFORE, that Grantor, for a valuable consideration paid by the Grantee, the receipt
of which is hereby acknowledged, has and by these presents does remise, release, and quit claim
unto the Grantee in fee simple, all those certain lots or parcels of land situated in New Hanover
County, North Carolina, and more particularly described as follows:
All of that property described as "Pond" as shown on a Map recorded in Map Book 35, Page 44,
New Hanover County Register of Deeds and all of that property described as "(2.96AC) Pond
Area, The Keys at Kure Beach" as described in the New Hanover County tax records, parcel ID
No. R09209-009-046-000.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple. The property described herein is
subject to taxation under N.C.G.S. 105-277.8 and the value, if any, shall not be assessed against
the Grantee.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its
seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written.

KURE BEACH VILLAGE HOMEOWNERS
A CiATiafN
BY (Seal)
President
STATE OF NORTH CAROLINA
COUNTY OF hem HrL,*.owr
1, .o A Notary Public in and for the State and County aforesaid,
do certify that � M dnAI,� personally appeared before me this day and
each acknowledging to me that he or she voluntarily signed the foregoing document for the
purposes stated herein and in the capacity indicated.
WITNESS, my hand and seal this 1 day of lul N, 201Q.
(PLACE SEAL -STAMP BELOW) �S w
L K0 r T.an fit 'S
Printed or Typed Name of Notary Public
My Commission Expires: i
L
dbleNlnri

a
G�
HEO
0
JENNIFER H. MACNEISH,
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
It111Htttt11NH1ttttlttttllttft11111MN11MIttt111tttttNM1111t111111ttt111.It11111111111t.Itt1111t 1tt11.HttlltlH
Filed For Registration:
Book:
Document No.:
Recorder.
12114/2010 03:21:12 PM
RE 5532 Page: 2261-2264
2010035936
4 PGS $25.00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010035936*
2010035936

In
'-]IYIYYYCYYYIE
W"x
FINAL PLAT
PHASE /-B
THE KEYS
AT
KURE BEACH
"a� a �u
GULF STREAM DEVELOPERS. INC

(,N kA852 rout 717
This Instrument Drafted By: W. Talmage ,zones, Esq.
Tar Parcel No.: R09209-009-009-000
After Recording Nail To: Kure Beech Associates
Ela..a_ 2209 Century Drive, Suits 300
T w- Raleigh, NC 28632
♦•�sa����e�se��ea�����au�����eeeeseeea eeeeaeee�e��ee��ue��eeeee
STATE OF NORTH CAROLINA )
DH® O! �9101n1!
COUNTY OF NEW HANOVBL )
THIS DERD, made this the 7th day of February, 1995, by and
between GULP STREAM DEVELOPERS, INC., a North Carolina Corpora-
tion, (-Grantor-); and KURE BEACH ASSOCIATES, a North Carolina
General Partnership, (-Grantee-);
Qw1= W I T N E S S R T H
THAT WHEREAS, said Grantor is the owner of the common areas
and street rights of way shown on the Final Plat of Phase 1-B or
The Keys at Kure Beach recorded in Map Book la Page 165 of the
New Hanover County Registry; and
WHEREAS, the Grantee is the owner of a certain tract of land
immediately South of and adjoining the land of the Grmntorl the
Same being the lend conveyed to them by L 6 H INVESTMENTS by deed
dated October 17. 1985, and recorded in Book 1705 at Page 1608 in
the Office of the Register of Daedm for New Hanover County; and
WHEREAS, said Grantee desires to drain the above referenced
property into a lake located adjacent to and on the North of the
Grantor's tract shown on Map Book ]a Page 165 of the aforesaid
Registry; gpcl ;p -;...g VERIFIED
SJz COTS
......7 �:f OF DEEDS
P .'1 Y:ANOVER CO. NO
'95FEB 7 PA 3 37 . atAGi0. (1 1 �^
N 361 Z
zc.;olb..

w-11852 mm 718
WHEREAS, it is necessary that in so doing that the Grantee
lay a pipeline for said drainage across said lands of the Grantor
Oflowing into Said lake;
NOW THEREFORE, amid Grantor, for and in consideration of the
sun of Ten Dollars, and other good and valuable consideration, to
it in hand paid, does hereby grant, bargain, sell and convey unto
said Grantee a perpetual right and eaxmm;t to construct and
maintain across and upon said land of Grantor an underground
drainage line extending across said land of Grantor to the lake
located adjacent to and on the North of Grantor's above described
property said easement being described as follows:
TRACT I
A 10 foot drainage easement located along the entire western
right of way line of Anchor Way, a public street shown on a map
entitled 'Final Plat phase 1-B The Keys at Kure Beach- and
recorded in Map Book 14 Page 165 of the New Hanover County
Registry. The eastern line of said 100 foot easement is the
western right of way line of said anchor way.
Beginning at the point of intersection of the western line
Of Anchor May with the southern line of Sloop points Lane, said
intersection being shown on a map of Phase 1-B The Keys at Kure
Beach recorded in Map Book 31 at Page 165 of the New Hanover
County Registry; running thence South 72 degrees 15 minutes 45
seconds west 10 feet to a point In the southern right of way line
Of SLOOP Points Lana; running thence North 12 degrees 35 minutes
00 seconds West 57 feet more or leas to a point in the northern
right of way line of Sloop Pointe Lane said point being in the
Southern line of a thirty foot drainage easement; running thence
northwardly about 10 feet to a point in the northern right of way
line of SLOOP Pointe Lane that lies South 12 degrees 15 minutes
00 seconds East 57 feet more or less from the point of beginning,
thence South 12 degrees 75 minutes 00 seconds East 57 feet more
or less to the point of beginning.
~ -- 25 tt3.:

mKiM No M
TRACT III
That tract described as 'Drainage Easement* being thirty
feet ride, lying North of Sloop Pointe Lane and being shown on a
map of Phase 1-B The Keys at Kure Beach recorded in Nap Book 14
❑ �� Page 165 of the New Hanover County Registry.
The Grantor hereby grants to the Grantee the right to go
upon said lands whenever the same is reasonably necessary for the
Purpose of inspecting, maintaining and repairing said drain
Pipes, provided that in constructing and repairing amid line the
Grantee will remove all surplus earth, make level the surface of
the ground above said line and Interfere as little as In reason-
ably possible with any plants, fence', streets or other improve-
ment& upon the land of the Grantor.
The Grantor for itself, its successors and assigns further
covenants with the Grantee that in order to assure the full and
complete use of this easement by Grantee, Grantor will (i) join
with the Grantee in Grantee's application(3) for storm water
management permits to the State of North Carolina, and/or any of
its permitting agencies, (ii) allow the Grantee full and complete
access to the drainage pond for the purpose of doing any work,
modifications or maintenance thereto required by the permitting
agency sm a condition of granting the storm water permit, and
(ill) provide in its Homeowners Documents a method for assuring
the maintenance of the Pond including where applicable a joint
maintenance agreement with Grantee in form acceptable to the
state of North Carolina and its permitting agencies.
W

ba.t852 RA 720
To have and to hold slid right and easement to it the
Grantee, and its successors in title: it being agreed that theme
O"Mem rights and this easement hereby granted is and shell be appurte-
nant to and run with the land now owned by the Grantee and
hereinabove referred to.
LN TIMING" NH1aLE0P, said Grantor has caused this Deed of
easement to be executed in its nano by its duly authorized
President and attested by its Secretary all on the day and year
first above written.
GULP STREAM DEVELOPERS,
ATTE7(T^
/4Y "aNNa nn rVa•ry .�
T
-(CORPORATE SEAL) r4
STATE OF NORTH CAROLIV SEAL
COUNTY OF NEW HANOvER a ,` J
I, Sw® P. Pric•'�•i'°°CAHwNY- a Notary public in and for
the County Of New Nanover a tote of North Carolina do hereby
certify that igm, D. MIller personally appeared
before OR this day and acknowledged that MOM is _ Secre-
tary of GULF STREAM DEwMOPIM, IWC., a North Carolina corpora-
tion, and that by authority duly given and as the act of the
corporation, the foregoing inatrument was duly signed in its nose by its President, sealed with its corporate seal and
attested by hLMjqjLZbMMMW ea its __ Secretary.
NITNESS ay hand and notarial seal, this 1 day of
Pabrwq , 1995. �)
NOl'ARY pUSLIC—� eao P' c•
MY Cladi96ion expires: ;.
...� STATE Of NORTH CAROLINA
(SEAL) '.•::.. New Haw°erCoany
.�.e......-,s -I'"!:t::y = rnrrw•myiro_nao,aeaeyle
.. - Nmrsz,•.mP�arai.lfa.eer
. lie ea jlM anal °^�=T'-^ M 94
fs e..,a " wear
a � �
.... �Iwrrr•
N

C)MMOOCE' (0510 fqAx But) (K;c.L I,tV W)
?K u:'aF,o
3 v'
r
ytl�rH, o APou� LNANCE
That Section 19.321.5 of the Code of the Town of Kure Beach, North Carolina, is
hereby amended to read as follows:
Sec. 19-321.5. Prerequisite to construction, demolition, remodeling and impervious
surfaces, etc.
Except as provided in section 5-62, no building, building repairs remodeling,
installation, driveway, parking lot, or other ground covering impervious surfaces, other
construction or demolition shall begin in the town until a permit has been obtained
from the building inspector.
No permit shall be issued if the total square footage of the buildings and impervious
ground covering surface will exceed sixty-five (65) percent of the lot; excepting there
from, those structures located in the B-1 District and the established fire district of the
town. Any type of impervious surface across the town right-of-way shall be limited to
twenty-four (24) feet wide total.
Impervious surface coverage in the side setback area of residential lots shall be limited
to 15% of the setback.
Driveways located in the setback area of residential lots shall be limited to 36 feet in
width.
Adopted this the 16th day of February, 2010.
ATTEST:
Kaysie P alle, Town Clerk
loft

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, October 28, 2010 8:28 AM
To: Johnson, Kelly; 'randy_martinsz@bellsouth. nef; 'tim_upton@bellsouth. net';
'whupdog@bellsouth. net'; '[e-mail]'; 'randy_martin52@bellsouth. net'
Cc: Scott, Georgette; Lewis,Linda
Subject: RE: The Keys at Kure Beach and Kure Beach Village, Stormwater
From: Johnson, Kelly
Sent: Thursday, October 28, 2010 8:25 AM
To: '[e-mail]'; 'tim_upton@bellsouth. net'; 'whupdog@bellsouth. net';
'[e-mail]'
Cc: Scott, Georgette; Lewis,Linda
Subject: The Keys at Kure Beach and Kure Beach Village, Stormwater
All,
I am just following up after our September 13`h meeting. I have not received the resubmittal for this project which was
due on October 15". Please submit that package.
Thanks,
Kelly
*** My email has changed to kelly.p.iohnson0ricdenr.gov
K6LW0hwsow
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

a� 18g9 0904
STAT2 OF norm CAMLINA
DECLARATION OF
COCNSf OF NEW HANOVER TWO am AT XONS NOCm
PRAEN 2-A
{
THIS DECLARATION, made this A9 day of May, 1995, by GULP
0 ves- STREAM DEPElOPERS, INC., a North Carolina corporation, hereinafter
referred to as "Doclarant", (Whether ono or nor*);
N I T N N s a N TN
WHEREAS, Declarant is the owner of certain property in Federal
Point Township, Eura Dean, Now Hanover County, North Carolim,
which is more particularly described as follows:
BEING ALL of THE IRKS AT JIM HUM, PHASE 2-
A, as Mown o the nap the recorded in
Plat Book ,a, at Page !'z,, of the New
Hanover County Registry, reforence to Which in
hereby made for a more particular description.
NOM; THEREFORE, Declarant hereby submits the above described
property (borain the "Townhouse Property"), to unit ownership
pursuant to North Carolina General Statutes 47C and hereby deClsras
that all of the properties described above shall be bald, sold and
conveyed subject to the following easements, restrictions,
covenants, conditions, uses and obligations which are for the
purpose f protecting the value and
f and which shall
ran With othe real property and binding desirability all oparties having any
right, ticle or interest in the desezihe0 properties or any part
toe"of, their heirs, successors and assigns, and Shall inure to
tbo'bansfit of each owner thereof.
A. A=. The North Carolina Townhouse Act, Chapter 47C, North
Carolina General Statutes.
B. As i-tIon, The Eeys Hameownere Association, a North
Carolina :mn-profit corporation, composed of the owners of
townhouse units in The Says, as the same is recorded in Book 2784,
Page 667 at. seq. of the Now Hanover County Registry.
C. Beard. The Board of Managers of the Association.
D. BY -Laws. By -Law of the Association which are recorded in
Book 1782, Page 0227 at. seq. of the Now Hanover County Registry.
E. Common Elements. Shall be used interchangeably with
"common areas" and shall seen or safer to all portions of a
townhouse except the units; and
P. ylAltad Comore Elements. Shall be wmd interchangeably
With limited common areas and Shall refer to all portions of the
common elements which are designated for use with a particular
unit.
O. The expenditures made by or financial
liabilities of the Association, together with any allocatiomu to
reserves.
AMCLAf II.
DESC7;IPTIOli OP ffi7Il]ING4. The Declarant owns the two-story
buildings whiudt Declarant has divided into two (2) units (Derain
"TDe Townhouse Units" or "The units-), to be used for residential
purposes. The do stories are located above the grwund ley". a
plat of Survey by Jack G. Stocks, Registered Land Surveyor, ,phywing
the location of said buildings is recorded in Nap Book .e% at
k }j
00
mourned To
leecfz414A,

m
Inr�

BOOK PAGE
1879 0466
All easements herein created and described shall he easements
appurtenant to, and shall run with the land by whomsoever owned,
whether or not the mass shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantees and
their respective heirm, successors, personal representatives or
K 0 omm , ammigns.
• ANTICfJ �.
EFBHCEMUT• The Association or any Owner, shall have the
right to enforce, by any proceeding at law or in equity all
restrictions, conditions, oovmronts, rmsmrvatiorelion and
charges now or hereafter ;spored by , the previsions of this
Declaration. Failure by the Association or by any owner to enforce
any aovmnt or restriction bsrein contained shall in no event be
demand a waiver of the right to do so thereafter. Invalidation of
anyone or these covenants or y
order shall n no wise affect any provisions judgment or court
the other provisions which
shall remain in full force end effect.
ANTICLN vI.
E2=. The name and address of the process agent to receive
service of Praees in any matters affecting the property is as
follows:
RDBZRT VZINBArH
A-4 pleasure Island Fleas
Carolina Beach, north Carolina 28428
ARTLCii TXX.
SAL'. Faze individual unit and its undivided interest in the
croon elessnts shall am demand to be a separate perm and aball .
be separately assessed and tassd for all types of taxes autborited
by law, including but out limited to spacial ad valor® levies and
special assessments. Bach unit holder shall be liable solely for
th� amount of tax" against him individual unit NO undivided
intessat in the croon elements and shall not be affected by the
coneagamca resulting from the tax delinquency or any other unit
holder.. Neither the building, the property, nor, any of the common
a1mMs shall b Mewed to be a separate parcel for the purposes
of taxation.
dWffi.MM- "easements against unit Owners by the Board of
managers made pursuant to the Sy -laws shall, it not paid when does
create a lien in favor of the Association against the unit of the
dsfmultiag Owner as provided n Chapter 47C of the Borth Carolina
Oeaeral Statutes, and shall be collected as provided therein and in
the By -lava hereto attached.
ANTlCLR II.
L=. All liens provided for basin aball be subordinate,
and are hereby subordinated, to the lien of cry first mortgage or
deed of trust give: to any leader to secure a loan, the proceeds of
which are used to finance the purchase of any unit or units, unlsse
SAY such lie, provided for herein shall have been recorded in the
Office of the Clerk of Superior Court of New Samovar Canty prior
to recordation to the said first limn mortgage or dead of host Sa
the Office of the Register of Deeds of NM Hanover CwMy, North
Carolina.

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K o ---
Boa PACE
1RT9 vi88
STATE Or
COMITY Or ` fta
I, ^� Y. j(my� , a Notary Public in and for the
aforesaid County and State, do hereby certify that James D. Miller
Personally appeared before me this day and acknwle 4, 4 that be is
Secretary of Gulf Strom Developers, Inc., a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name Dy its
sca
led aled with its corporate seal and attested by hie as
its Secretary. . .
WITNESS my hand and notarial stamp or seal, this the �gday
of Key, 1995.
"" commission
eEpir l SJ OIL
LP 'IjR PDRLIC p
MDTAKY @
STATE Or NORTH CAROLINA es "- Le
"4�#011cft
SLE: !
COMITY or NEW Rasnrnt
LOJ
The foregoing certificate of BSc. Saw/ A. Q.Q�t c
a Notary Public, is oertiflad to be correct_ This the _ day of
M RY
maim SOR OCTS - 2=18TER Or Ems
dYi �1 \���
y/amsiseeat
AdEFKD 10 RWWO
�ALmOF / tri`Lt7Q] V 1``� fl
a9S0AN
MAW SUE 00 ,
REGISTER OF r- -
NEW HANOVER OWAAFY

Boo„ ru.c
1999 0877
STATE OF NORTH CAR01"A
MECLARArlam or
COUNTY OF NEW HANOVER Tun= Kmo AT MM Baum
PRAM 2-C
THIS DECLARATION, made this X14 day of September. 1995, by
GULF STREM DEVEMPERS, INC., a North Carolina corporation,
hereinafter referred to as `Declarant`. (whether one or more).
■ 1 T N N B N B T N
l0$iFAS, Declarant is the owner of certain property in Federal
Point Township, M, Beach. New Hanover County. North Carolina.
which is More Particularly described as follows:
BKImr: ALL Of TIM EEfS AT KOBE BPaCH. PHASE 2-
C, as Shown on the map tbereof recorded in
Plat Book 35. at Page 103. of the New Hanover
County Registry. rofereacmt to which is hereby
made for a more particrlar description_
BON, THEREFORE, Declarant hereby submits the above described
Property (herein the -Townhouse Property). to snit ownership
Pursuant to Borth Carolina Genaral Statutes 47C and bereby declares
that all of the Properties described above shall be held, sold and
conveyed subject to the following easements, restrictions,
covanants, conditions, uses and obligations whim are for the
Putpnsa of Protecting the value and desirability of and which shall
rem with the real Property and be binding on all parties having may
right, title or interest in the described properties or any part
thereof, their heirs, successors and assigna. and shall imQe to
the benefit of each comer tbereof.
..00 2S A�Qi 1.
OMPITIV Wig" ONS
A- A=' The North Carolina TownhoU..m Act, Chapter 47C, Borth
Carolina General Statutes.
B- Associatiea. The Keys BomeOwners Association, a North
Carolina con -Profit corporation• composed of the owners or
townhouse units in The Keys, as the sable is recorded in Book 1784,
Page 667 et. seg. of the New Hanover County Registry_
C. B43id. The Board of Managers or the Association_
D. BY -Lava_ By -Laws of the Association which arm recorded in
Book 1783, Page o327 at. Keg. of the New Hanover county Registry.
E. Common Elements. Shall be used interchangeably with
'common areas" and shall mean Or refer to all portions of a
townhouse except the units: and
F_ LiMi[ed Coo® Rlowe..f� -.gall be used interchangeably
with ,limited common areas and snail refer to all portions of the
common elements which are designated for use with a particular
unit_
G_ Cemmnn Exvensem. The expenditures made by or financial
liabilities of the Association, together with any allocation to
reserves_
Z217CM 11.
DESCRIP12ON OF BUILDINGS. The Declarant owes the tto wo-sry
buildings vaich Declarant has divided into twenty-six (26) units
(herein 'nm Townmwsa Units` or aTbe Vnitsa), to be used for
residential purposes. The two stories axe located above the ground
level. A Plat of survey by Jade G. Stocks, Registered land
Surveyor, showing the location of said building Is recorded in Nap
Al t;e"-v

Iai-j 0878
Book 35 at Pages 103 and is incorporated by reference. The building
is built out of wood fray construction. Pesch unit contains frog
1.235 square feet up to 2,05a square feet and is divided into
twenty -sir (26) townhouse units. The townhouse units are
designated in nap Boot 35 at Page 103 as Units 621. 625, 629. 633,
637. 641. 6t5, Hs, 653, 657. "1. 665, 669, 673, e81, soy, 009.
$13, 817, 821, 825, $29. 833. 837, 841 and 645. AS Used berein the
term -Unite -Ball mean -Townhouse Unit` as that tern it defined by
the Act.
The general coma elements are shown in Map Book 35 at Page
103. Each unit owner will receive with the conveyance of his unit
an undivided one-twon"Ixth (3J26th) interest in the general
common elements.
USE RPSMCfIOnS. The use of the property shall be in
accordance with the following provisions_
A. Each of the Units shall be occupied only by a family and
for no other purposes. two Unit may be divided or subdivided Lore
a roller unit nor any portion tbereof sold mar otherwise
transferred.
B: the Common Elements shall be used for the purposes for
which they are intended in the furnishing of services and
facilities for the enjoyment of the Townhouse Units.
C. No ewe or practice shall be permitted on the Townhouse
Property which is the somoa of armoyance to residents or which
interferes with the peaceful possession and proper rase of the
property by its residents.all parts of the property shall be kept
in a clean and sanitary condition, and no rubbish, refoss ur
garbage allowed to accumulate nor any fire hazard allow" to exist.
no Unit Omer shall permit any use of his Unit oz of the Common
Elements whim will increase the rate of insmanee upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations of all governmental bodies having
jurisdictim thereof shall he observed. no sing, rooms may be
rented.
U. Reasonable regulations concerning the use of the Townhouse
Property nay be made and amended from time to time by TM ENYL
HOW) HERS ASSOCIMO i (herein referred to me the `association-) in
the moaner provided by its By-laws. Copies of the By-laws and
regulations arm recorded in Book 1783, Page 277 at. seq. of the New
Banter County Registry.
CA.9ZPUWrs. Each of the unit owner- sha11 have an easement in
common with the other unit owner to one croon elements, including
but net limited to all sewer lines located in the other unit and
serving his unit. Each unit shall be subject to an easement in
favor of the owner of the other unit to owe all emom elements
serving waft other units and located in such unit. The association
shall have the right to be exercised by the Board of massagers or
its Designee, to enter each unit from time to time, at reasonable
mars as may be necessary for the operation of the property to
inspect the same, to remove violations therefraa, and to maintain,
repair or replace the common elements, if may, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lands which am
the subject to this Declaration to an easement or vse and enjoyment
by the owners and occupants of the respective townhouse snits for
ingress and egress to and from all of the common alemente
pertaining to THE KEYS AT YORE BEACH_ Easements are also hereby
created for installation, now, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sever, eater lines, gas, electricity, talepbone and cable

M �� w �� W � : ��� �'3B � a7•w p~Y� �i u
Ila. 0
Lo yQwj�
D •• yy Y �Y 88 Sri ,r� •.i r �..� .^
NCC9 � Q y7 ldrYyy uD &i �w

6009. ME
1939 0880
ARRICra Jr.
� no townhouse unit my be leased except in accordance
with
Lease or rental (v�rittaa or Promulgated) any Unit or a rental or lease
period less tban twelve (U) consecutive months is prohibited.
fT :fiT�71
BIDDIBG Erva'r. The covenants and restrictions of this
Declaration shall run with and bid the lad, and shall inere to
the benefit of ad be enforceable by the Association. or the owsat
of any unit subject to this Declaration, their respective legal
representatives, beirs, successors ad assigoc_
AVMM=. This Declaration any be amended at any time prior
to December 71, 1"7 by the Declarant. at its discretion. but not
to impair the property Value or the lot wmsrs. lbormarter, theme
restrictions may be ameded by vote or the owners or tow -thirds
(I/I) of the numbers or the Homeowners Association. provided.
bowever, on anumb�t shall be made to the last pazagtapb of
Article IV Section 1 withomt manisovs caosent od the Boneoumaa
Association and the deelarantjdavaioper.
RMMW, Declarants have hereunto set their hands
the day and year first shown written.
GDIF SOH DSVMp=. MC.
SEALfHif
I, ilal�.G L- �A7(b.c�E a sanitary public in and for the
aforesaid ��y, ad State. do hereby Certify that Jars D. Hiller
personally appeared before me this day and acbmewledged that he is
Secretary of Gulf Stream Developers, InC.. a North Carolina
corporation. and that by authority duly given and as the act at the
corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by him as
its Secretary.
an.d.r%day
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of
By y78D-expires.
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comay, t( It

1901 0299
STATE OF NORTH t:AROLINA
DzcxaRATiof OF
COUNTY OF NEW HANOVER =Z IQTS AT KDRR BOCR
PALSR 2-B
�
THIS DECLARATION, made this �1"day of July, 199S. by GOLF
STREAM DEVELOPERS, INC., a North Carolina corporation, hereinafter
referred to as •Declarant•, (whether ome or more);
W I T 1 R S B R T E
WMMMS, Declarant is the caner of certain property in Federal
Point Township. Kure Beach, New Hanover County, North Carolina,
which is more particularly described as follows:
BEING ALL of THE KEYS AT SURE BEACH, PHASE 2-
B. as shown on the m thereof recorded in
Plat Book � at Page L, of the New Hanover
County Registry, reference to which is hereby
made for a more particular description.
NOW. THEREFORE, Declarant hereby submits the above described
property (herein the -Townhouse Property), to unit ownership
pursuant to North Carolina General Statutes 47C and hereby declares
than all of the properties described above shall be held, sold and
conveyed subject to the following easements, restrictions,
covenants, conditions, uses and Obligations which are for the
purpose of protecting the value and desirability of and which shall
run with the real property and be bring on all parties having any
right, title or interest in the described properties or any part
thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICfS I.
000113 DEFINITIONS
A. A=. The North Carolina Townhouse Act, Chapter 47C, North
Carolina General Statutes.
B. Association. The Rays Homeowners Association, a North
Carolina non-profit corporation, composed of the Owners of
townhouse units in The Keys, as the same is recorded in Bodo 1784,
Page 667 et_ seq. of the New Hanover County Registry.
C. Board- The Board of Managers of the Association.
D. BY -Lave. By -Laws of the Association which are recorded in
Book 1783, Page 0227 et. seq. of the New Hanover County Registry.
E. Comm= Element&. Shall be used interchangeably with
"common areas• and shall mean or refer to all portions of a
townhouse except the units; and
F. Limited Cannon Llements. Shall be used interchangeably
with limited common areas and shall refer to all portions of the
common elements which are designated for use with a particular
unit.
G. Canon Expenses. The expenditures made by or financial
liabilities of the Association, together with any allocations to
reserves.
ARTICLZ II.
DESCRIPTION OF BUIIQINGS. The Declarant owns the two-story
buildings which Declarant has divided into thirty (30) =its
therein *The Townhouse Units• or -The Units-), to be used for
residential purposes. The two stories are located above the ground
level. A plat of survey by Jack G. Stocks, Registered Land
Surveyor, showing the location of said buildings is recorded in
ReWmed 70
�W bzj"'A
3'79553

19D1 0300
plat Book 3s- page 91 /- of the New Hanover county Registry
and is incorporated by reference.. The buildings are built out of
wood frame construction. Each unit contains approximately from
1254 square feet to 2061 square feet and is divided into twenty-two
(22) townhouse units. The townhouse units are designated on said
plat hereto attached as Units 612. 616. 620, 624, 628, 632, 636.
640. 644, 648, 652, 656, 660, 664, 668, 677, 681. 810, 614. 818,
E22 and 833. As used herein the term 'Unit' shall mean -Townhouse
Unit- as that term is defined by the Act.
The general ccason el ae shown on said plat se recorded
in Plat Book 31- , Page• Each unit owner will receive
with the conveyance of his unit an undivided one -twenty-second
(1/22nd) interest in the general common elements.
AQIQi III.
USE P.BMICIONS. The use of the Property shall be in
accordance with the following provisions.
A. Each of the Unite shall be occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a smaller unit nor any portion thereof sold or otherwise
transferred.
B. The Comma Elements shall be used for the purposes for
which they are intended in the furnishing of services and
facilities for the enjoyment of the Townhouse Units.
C. No use or practice shall be permitted on the Townhouse
Property which is the source of annoyance to residents or which
interferes with the peaceful possession and proper use of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition, and no rubbish, refuse or
garbage allowed to accumulate nor any fire hazard all to exist_
No Unit owner shall permit any use of his Unit or of the Canon
elements which will increase the rate of insurance upon the
Townhouse Property or any part thereof. All valid laws, zoning
ordinances and regulations Of all governmental bodies having
jurisdiction thereof shall be observed. No single rooms may be
rented.
D. Reasonable regulations concerning the use of the Townhouse
Property may be made and amended from time to time by THE KEYS
HOMEOMHERS ASSOCIATION (herein referred to as the -Association-) in
the manner provided by its By-laws_ Copies of the By -Laws and
regulations are recorded in Book 1783, Page 277 et. seq. of the New
Hanover County Registry.
f�_ iK W lb
EMEMRM. Each of the unit owners shall have en easement in
canon with the other unit owner to use common elements, including
but not limited to all sewer lines located in the other snit and
serving his unit. Each unit shall be subject to an easement in
favor of the owner of the other unit to use all common elements
serving such other units and located in such unit. The Association
shall have the right to be exercised by the Board of Managers or
its Designee, to enter each unit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same, to remove violation, therefrom, and to maintain.
repair or replace the coason elements, if any, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lads which are
the subject to this Declaration to an easement of use and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the common elements
pertaining to THE KEYS AT BORE BEACH. Easements are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sever, water lines, gas, electricity, telephone and cable

1901, 0301
television for the use of the above described property known as TUB
KEYS AT RDRB BRACE.
All easements herein created and described shall be easements
appurtenant to, and shall run with the lam by whomsoever owned,
whether or not the same shall be contained or referred to in any
future deed or conveyance, and shall at all times inure to the
benefit and be binding upon the undersigned, all its grantees and
their respective heirs, successors, personal representatives or
assigns.
AMCLU V.
MpQ$iffi. The Association or any Owner, shall have the
right to enforce, by any proceeding at law or in equity all
restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by say Owner to enforce
any covenant or restriction herein contained stall in no event be
deemed a waiver of the right to do so thereafter. Invalidation of
anyone of these covenants or restrictions by judgment or oouxt
order shall in no wine affect any of the other provisions which
shall remain in full force and effect.
ARTXCLZ VT.
NOTICE. The name and address of the process agent to receive
service of process in any matters affecting the property is as
follows:
ROBERT NEERBACH
A-4 Pleasure Islam Plaza
Carolina Beach, North Carolina 28428
ARTICLZ M.
IMM: Each individual unit and its one -twenty-second
(1/22nd) undivided interest in the comon elements shall be deemed
to he a separate parcel and shall be separately assessed and tared
for all types of taxes authorized by law, including but not limited
to special ad valorem levies and special ansessmests. Bach unit
holder shall be liable solely for the amount of taxes against his
individual unit and undivided interest in the common elements and
shall not be affected by the consequence resulting from the tax
delinquency or any other unit holder. Neither the building, the
property, nor any of the common elements shall be deemed to he a
separate parcel for the purposes of taxation.
ARTICLZ VTII.
ASSESSMWTS_ Assessments against unit owners by the Board of
Managers made pursuant to the By -Laws shall, if not paid when due,
create a lien in favor of the Association against the unit of the
defaulting owner as provided a Chapter 47C of the North Carolina
General Statutes, and stall be collected as provided therein and in
the By -taws hereto attached.
LIENS. All liens provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
deed of trust given to any lender to secure a loan, the proceeds of
which are used to finance the purchase of any unit or units, unless
any such lien provided for herein shall have been recorded in the
Office of the Clerk of Superior Court of New Hanover County prior
to recordation to the said first lien mortgage or deed of trust in
the Office of the Register of Deeds of New Hanover County, North
Carolina_

H00„ "ASE
1901 0302
AMCii I.
LSMING. No townhouse unit may be leased except in accordance
with rules and regulations promulgated by the Association. Any
lease or rental (written or oral) on any unit for a "oral or lease
period less than twelve (12) comsecatioe months is prohibited.
HDIIDIHG �Pscr• The covenants and restrictions of this
Declaration shall run with and bled the land, and snall inure to
the benefit of and be enforceable by the Association, or the owner
of any unit subject to this Declaration, their respective legal
representatives, heirs, successors and assigna.
ram. This Declaration may be amended at any time prior
to December 31, 1997 by the Declarant, at its discretion, but not
to impair the property value of the lot owners. Thereafter, these
restrictions may be amended by vote of the owners of two-thirds
(2/3) of the members of the 8omenrners Association, provided,
however, no amendment shall be made to the last paragraph of
Article IV Section 1 without unaniniaus consent of the eameorsers
Association and the declarant/developer. -
DA NTINBSS wMaMP, Declarants have hereunto set their hands
and seals, all the day and year first above written.
.. ._C-7 S GULP SREM DEVELOPERS, IPC.
C= DEEDS
Y.1h0VEF. Co. KC
95 10 PPI 31.47
ATTEST: %' - •'president apg� Tti.�y�yp_
(SEAL) 1�! 'tfae .
. - q GpPPOBATt
..alatant Sectary _t-' SEAL)
STATE OF
.1 �w
COUNTY or emu) V%o va,/
1, S..,a_ P P- ;�t a Notary Public in and for thw-
aforesaid County and State, do hereby certify that noum trzuza. .
personally appeared before me this day and acknceledged that he is Asst.
Secretary of Gulf Stream Developers, Inc_, a North Carolina
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by him as
its Assistant Secretary.
wITNBS my hand and notarial stamp or seal, this the 10day
of
)h' cOwnq ego-11" —res:
STATE OF NORTH CAROUNA
New Haaowe Comay
TV rvymt(.re°✓�Y40d
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NOTARY PUBLIC
ACA'�MG4:wumrrro
()D1i=r.ml Gr C--SL:L DOCi:;Za
"151-44

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324, of the Mew wmo, r County Registry and is incorporated herein
by reference. The building is built out of rood frame
construction. Bach unit cootains approximately 1-7n8 square feet
and is divided into two (2) townhouse unite. The townhouse units
are, designated as Units 817 and 821. As used herein the tart
•Unit• shall mean-Twmhouse Unit- am that tea is defisad by the
Act_
The general common elements are shown m Exhibit W hereto
attached. Each unit owner rill receive with the conveyance of bin
unit on undivided inte_Vaut in the general comma elements.
USE RBSBICTIONS. The use of the ptopexty -ball be in
accordance mica the following provisions:
A. Rack of the Units shall be occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a seller unit nor any portion thereof sold or otwerwim
transfexxed_
B_ The Common Blemente sha11 be used for the purposes for
which they are intended in the furnishing of services and
facilities for the enjoyment of the Townhouse Units.
C. No use or practice shall be permitted on the Townhouse
Property which is the source of annoyance to residents or which
interferes with the peaceful possession and proper one of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition. and no rubbish. refuse or
garbage allowed to accumulate nor any fire hazard allowed to exist.
No Unit Owner shall permit any rase of his Unit or of the Common
Elements which will increase the rate of insurance upon the
Townhouse property or any part thereof_ All valid laws. zoning
ordinances and regulations of all govesnental bodies having
jurisdiction thereof shall be observed_ no single rooms may be
rented.
D. Reasonable regulations concerning the nee of the Townhouse
Property may be soda and ended from time to time by ME IKYS
ROMMIUMMS ASSOCIATION (bermn ref ex. to as the -Association-) in
the manner provided by its By -Laws- Copies of the By -Laws and
regulations are recorded in Book 1783, page 277 et_ Seq_ of the Mew
Hanover County Registry.
MMM. Each of the unit owners shall have an easement in
common with the other unit owner to use common elements. inriw.Aim
but not limited to all serer lines located in the other unit and
serving his unit. Bach unit shall be subject to an easement in
favor of the owner of the other unit to use all common elements
serving such other units and located in Such unit. The Association
shall have the right to be exercised by the Board of Managers or
its Designee, to enter each unit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the Same, to remove violations therefrom, and to Maintain,
repair or replace the common elements, if any, contained therein or
else therein the building.
The Declarant hereby reserves and subjects the lands which are
the subject to this Declaration to an easement of use and enjoyment
by the owners and occupants of the respective townhouse units for
ingress and egress to and from all of the carom elements
Pertaining to THE KEYS AT 9DR8 BBACR. Basements are also hereby
created for installation, use, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sewer, water lines, gas, electricity, tel and cable
television for the use of the above described property known as THE
MYS AT KDRE SWUM.

ME= a¢ 406
All easements herein created and described shall be easements
appurtebant to. and shall rim with the land by wbowsoever owned.
whether or not the sane shall be contained or referred to in any
future deed or conveyance, and sha11 at all times 'sore to the
benefit and be binding upon the undersigned, all its grantees and
their respective heirs. successors, personal representatives or
assigns-
VT-i r.+tea
MMMM. jba Association or any Owner. shall have the
right to enforce. by any proceeding at law or in equity all
restrictions, conditions. covenants, reservations. liens and
charges now or hereafter imposed by the provisions of this
Declaration- Failure by the Association or by any Omer to enforce
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. Invalidation of
anyone of t covenants or restrictions by judgment or cart
order shall in no wise affect any of the other provisions which
sha11 resin in full force and effect-
F -=i.. A
NMCE. iffi ease and address of the process agent to receive
service of process in any matters affecting the property is as
follows:
)OFUWT WHIMUM
A-4 Pleasure Island Plana
Carolina Beach. North Carolina 28428
TAM- Vd,h individual unit and its undivided interest in the
came elements shall be deemed to be a separate parcel and shall
be separately assessed and taxed for all types of Cass authorized
by law, including but not limited to special ad valorem levies and
special assessments- Such unit holder shall be liable solely for
the a nut of taxes against his individual unit and undivided
interest in the common elements and ahall not be affected by the
consequence resulting from the tax delinToenry or any ocher unit
holder. Neither the building, the property, nor any of the C®®
elements shall be deemed to be a separate parcel for the purposes
of tazation-
ASSES==. Assessments against unit owners by the Board of
Managers made pursuant to the By -Laws shall, if not paid wben due,
create a lien in favor of the Association against the unit of the
defaulting owner as provided n Chapter 47C of the North Carolina
Ceseral Statutes, and shall be collected as provided therein and in
the By -Laws hereto attached.
L11M. All liens provided for herein shall be subordinate,
and are hereby subordinated, to the lien of any first mortgage or
deed of trust given to any lender to secure a loan, the proceeds of
which are used to finance the purchase of any unit or units, unless
any such lien provided for herein shall have been recorded in the
Office of the Clerk of Superior Court of New Nanwer County prior
to recordation to the said first lien mortgage or deed of trust in
the Office of the Register of Deeds of New Hanover County, North
Carolina.

��
9

I
a

A
- BOOR PACE
.STA-ra U Him= CNOlBA1N71 fi�olu CO
�M A NEW XANOVEP.MOVE CO. f:C.
COURlY OP NEN HIUPDVBt �I 1 16 Pi 2 54
THIS DECLARATION, Wade this .Z,_ day of June, 2994. by GBLY' _
STREAK DEVELOPERS, INC., a North Carolina corporation, hereinafter
referred to as -Declarant-, (whether one or morm)t
■ I T N N a H m T N
suzzwkS. Declarant is the Owner of certain property in raderal
Point Township, More Bears, Hew Hanover County. North Carolina,
which is more particularly described as follcwa:
REM ALL of THE KEYS AT KURE BEACH, PHASE I-
A, as shown on the nap- tbamor recorded in -
Plat Book la, at Pages 23, of the New Hanover
County igistry, reference to which is hereby
made for a more particular description.
HOW, TEBRSPoRE, Declarant hereby submit& the above described
pity (herein the eTownhonse property-), to unit ownership,
Pursuant to North Carolina General Statutes 47C and hereby declares
that all of the properties described above shall be held, sold and
'conveyed subject to the following easements, restrictions,
covenants, conditions. uses and obligations which are for the
purpose of protecting the value and desirability of and which shall
run with the real property and be binding on all parties having any
right, title or interest in the described properties or any part
thereof, their hairs. successors and assigns. and shall inure to
the benefit of each owner thereof.
A112MCLZ I.
OW10S D
EVINMONS
A. A=. The North Carolina Townhouse Act, mapter 47c, North
Carolina General Statutes.
B. Association- The Keys Homeowners Association, a North
Carolina non-profit corporation, composed of the owners of
townhouse units in The Keys.
C. Board. The Hoary of Hangers of the Association.
D. By -Laws. By -Laws of the Association which are hereto
attached and incorporated by reference.
E. Simon Klement&. shall be used interr_,..me9eably with
-cocoon arms- and shall mean or refer to all portions of a
townhouse except the units; and
P. Limited Common Elements. Shall be used interchangeably
with limited cnmamN areas and shall refer to all portions of the
common elements which are designated for use with a particular
unit.
C. Common Expensed. The axpMitures made by or financial
liabilities of the Association, together with any allocations to
reserves.
ARTICLE II.
DESCRIPTION Of BUIL.nINGS. The Declarant owns the two-story
buildings which Declarant has divided into ten (10) units (herein
-The Townhouse units- or -The Units•), to be used for residential
purposes. The two stories am located above the ground level. A
Plot of survey by Sherwin Cribb, Registered Lead Surveyor, showing
the location of said building is hereto attached as Exhibit -A- and
incorporated by reference. The building is built out of wood frame
construction. Each unit contains approximately 1.500 square feet
3337GS WOOD",

BOOR PACE
1783 0222
and is divided into ten (10) townhouse units. The tawnhOave units
are designated on lbhhibit -A- hereto attached " Units 649. 653,
657, 658, 661, 662, 801, 805, 609 and 313. As Used bereim the tern
-unit- shall some -rownhouse Unit- as that tern is defined by the
Act.
The general common elemantm are shown an Exhibit -A- beteto
attached. Bach unit owner will receive with the conveyance of his
unit an undivided Coe -tenth (1/10) interest in the general common
elements. _
ARTSCLR ZII.
USE BBSTEICTIONs. The use of the property shall be is
accordance with the following provisions:
A. Each of the Units shall be Occupied only by a family and
for no other purposes. No Unit may be divided or subdivided into
a smaller unit nor any portion thereof said or Otherwise
transferred.
B. The Common Elements shall be used for the purposes for
Which they are, intended in the furnishing of services and
facilities far the enjoyment of the Townhouse units.
C. NO use or practice shall be permitted an the Townhouse
property which is the scarce of annoyance to residents or which
interferes with the peaceful possession and proper ass of the
property by its residents. All parts of the property shall be kept
in a clean and sanitary condition, and no rubbish, refuse Or
garbage allowed to accumulate nor any fire hazard allowed to exist.
No Unit Amer shall permit any use of his Unit Or of the Comm
Elements which will increase the rate of insurance open the
Townhouse property or any part thereof. All valid laws, zoning
ordinances and rsgalationa of all governmental bodies having
jurisdiction thereof shall be observed. No single room may be
rented.
D. Reasonable regulations concerning the use of the Townhouse
Property my be made and amended from time to time by THE RETS
HOWD WNERS ASSOCIATION (herein referred to as the -Association-) in
the manner provided by its By-laws. Copies of the By -Laws and
regulations are attached hereto and incorporated herein by
reference.
ARTICIS rv.
ZAMMM. Each of the unit owners shall have an easement in
COmmon with the other unit owner to use common elements, including
but not limited to all saver lines located in the other unit and
serving his unit. Each unit shall be subject to an easement in
favor of the owner of the other unit to use all common elements
serving such other units and located in such unit. The Association
shall have the right to be euoarcisad by the Board of Managers Or
its Designee, to enter each snit from time to time, at reasonable
hours as may be necessary for the operation of the property to
inspect the same, to remove violations therefrom, and to mintainI
repair or replace the common elements, if any, contained therein or
also therein the building.
The Declarant hereby reserves and subjects the lands which are
the subject to this Declaration to an easaaent of use and enjoyment
by the owners and occupants of the respective townhouse units far
ingress and egress to and from all of the common elements
pertaining to THE KEYS AT [ORE BEACH. Easements are also hereby
created for installation, uw, maintenance, repair and replacement
of all necessary public utilities, including but not limited to
sewer, water lines, gas, electricity, telephone and cable
television for the use of the above described property known as THE
KEYS AT FURS BEACH.

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SCOK PACE
?783 0229
fi-ice INr
LEASING. No twahoose unit my be lesoW azoept In accordance
with rules and regulations presnlgatd by tha
I— or rental (written or oral) as any unit for a rental or leap
period lees than twelve (12) consecutive months is prObibited.
ARM= a.
g1Ap1M6 zpp=T. The covenants and restrictions of this
Declaration shall rum with and hind the land, and shall inure to
the benefit of and be enforceable by the Association, or the owner
of any unit subject to this Declaration. their respective legal
representatives, hairs. successors and assigns.
aRrXCLN III.
AID• Tams Declaration any be amended at any time prior
to December 31. 1997 by the Doclarant, at its discretion, but not
to impair the praparty value of the lot aunrrm. %%Ateafter, these
restrictions may be amended by vote of the owners of ation,two-thirds
the members
L1/owvar, f no amendment oshell be to the f the Homeowners ilast paragraph of
Article IV Section 1 without umnincus Consent of the Noneowaers
Association and the declarent1developer.
IN F112"M UMMOT, Declarants bane hereunto net their hands
and seals, all the day and year first above written.
A2grEST' ipw j
7J% & (S01L)
9.v.ie•7
ST717Z or
�ho�jgC. rJFM
Cousff or
I, SVSCin p_ Iff Ieea Notary Public in
aforesaid County and State, do hereby certify that Jaw D. Miller
personally appeared bafore me this day and acknowledged that he is
Secretary of Gulf Stream Developers, Inc., a North Carolion
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument vas signed in its name by its
President, sealed with its corporate seal and attested by his so
Its Secretary.
'hand and notarial stamp or seal, this the
of dap
My commission expires:
e x_ 14-9b
NOTARY
PUNUC
I
STATROF NOKIH CANOCDYA
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office until their respective wuceessorm shall have ben elected by
the unit owners. PACE
BGOI
1763 U229
Section a. ] Vacancies In the Board of lfenagera
caused by soy reason shall be filled by vote of a majority of the
owners at a special meeting of the unit Gemara bald for that
purpose promptly after the occurrence of any such vacancy. Barb
person so elected shall be a masher of the Board of managers for
the mender of the term of the member so removed.
Section 5. MMjARlMSn4. Regular meetings of the Board
Of aanagars any be held at such tlae and place as shall be
determined from time to time by a majority of the ambers of the
Board of Rangers, but at least use such meeting *bell ba held
daring each fiscal year. Notice of regular meetings of the Board
of Managers shell be given to each amber of the Board of managers,
day named for such seating -
Section
mail or telegraph, at
least
thrOft (1) business days Prior to the
Section 6. MMgML.MMCUSufl. Special meetings of the Board
of Managers may be called by any Board member on three (1) business
days, notice to each amber of the Board of Managers given by mail
or telegraph. which notice *hell state the ties. Place and purpose
of the Meetings.
section 7. MjM Or R0 M. Any member of the Board of
Managers say, at my time, vulva notice of my meeting of the Board
of Managers in uniting, and each waiver shall bs demand egaivalaut
to the giving of seek notice. httandauce by a member of the Board
of Managers at any meeting of the Board shall constitute a Waiver
of notice by him of the ties and place thereof. If all the ambers
of the Board of Managers ara Present at any meeting of the Board,
no notice *ball be required and any business any be transacted at
such meeting.
Section B. MORE OP ur,ron OP M-&g&GBBS. At all me*tinga of
the Board of Managerar all ambers thereof most attend to
constitute a gaorm for the transaction of business and the votes
of all of the ambers of the Board of Managers shall constitute the
decision of the Board of Managers. If at any meeting of the Board
of Managers there shall be lees than a quorum presort, the Board
members present may Conduct any business which night have base
transacted at the meeting originally called and any action
consented to by the absent send in writing within tea (10) days
of said meeting. -hall be deemed valid.
section a, 1Qg. No mesbar or the Board of Managers
shall receive any compensation from the Assooiation for acting as
such.
Section 1O. DZApj CH. Any deadlock in voting shall be
resolved by submitting the matter to arbitration in accordance with
the Uniform Arbitration Act m net forth in the North Carolina
General Statutes, Section 1-567.1 at seq.
ARTICLE III
Section 1. pjaq$. all meetings of the unit owners Shell be
held at the office of the Association or snob other Place m my be
stated in the notice.
a. The annual meeting of the unit owners shall be hold at
Rare Beach, north carolina, in each year commencing in IM;
provided, however, that the first annual meeting will be held on
the first Saturday in October, 1995. At such meeting each unit

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1783 8231
Section S. XWORM OF UNIT OWNERS. An used in this By-laws
the torn •majority of unit osaarso shad ratan those unit owners
having ano hundred percent (1004) of the total authorized votes of
all unit owners in person or by prczy and voting at any seating of
the unit owners, determined in accordance with the provisions of
Section 7 of this Article.
Section 9. . . MbooeI as otherwise provided in these By-
laws. the presence in person or by proxy of snit owners having
sixty percent (60%) of the total authorized votes of all unit
owners shall constitute a gsana at all neatings of the unit
owners.
Section 10. !l3JOS=TV' E_ The vote of a majority of unit
owners at a meeting at which a quoros shall be present shall be
binding upon all snit owners for all purposes.
Section 11. ➢YAMQ 6. Any deadlock in voting shall be
resolved by submitting the matter to arbitration in accordance with
the Uniform Arbitration Act as set forth in the Borth Carolim
General Statutes, Section 1-567.1 at sag.
Sectios 1. ?ffi. The principal officers of the owners
Association shall be the President and Secretary and Treasoxar, all
of whoa shall be elected by the Board of Raoagers. The Board of
Rangers may appoint an Assistant Treasurer, an Asaletsnt Secretary
and such other officers as in its judgment may be necessary. The
President ane Secretary end Treesnter seat be members of the Board
of Managers.
Section 1. mnxrllOM OP OPPEOW. Officers -hail be elected
annually by the Board of Nana;ezrs.
Section 1. RHiOwAL OF OPPICIM. Upon the affirmative vote of
a majority of the sabers of the Board of anagars, say officer say
be removed, with with or without cause, and his ear may be
elected at any regular seating of the Board of Managers called for
such purpose.
Section a. MMM. She President shall be the chief
executive officer of the Owners Association. nee shall preside at
all meetings of the snit owners and Board of Managers, Be shall
have all of the general powers and duties which are incident to the
office of President of a corporation organized ender the Business
corporation law of the State of Borth Carolina including, but not
limited to, the power to appoint from among the unit owners any
comaitta which be decides is appropriate to assist in the conduct
of the affairs of the owners Association.
section 5. ggMgy. The Secretary shall keep the minutes
of all meetings of the unit owners and of the Board of Ma nagersi he
shall have charge of Such books and papers es the Board of Managers
may direct. and he shall, in general, perform all the duties
incident to the office of Secretary of a corporation organiz:sd
under the Business Corporation raw of the State of Borth carolim.
Section 6. jam. The Treasurer shall have the
responsibility for Association funds and securities and shall be
responsible for keeping full and accurate financial records and
books of account spewing all receipts and disbursements, and for
the preparation of all required financial statements. Be shall be
responsible for the deposit of all moneys and other valuable
effects in the owes of the Board of managers, and he shall, to
general, perform all the duties incident to the office of Treaanzar
of a corporation organized ender the Business Corporation Law of
the State of North Cazolim.

717
dN
0

favor of the Association for the enforcement of payment of
delinquent common charges. 30" PACE
in any action brought by the Board of Mnrmgari to fomclosa a Lien
on a Taenhouaa Unit becomes of unpaid croon charges. the snit
owner shall be required to pay a reasonable femW2 for the use of
his Townhouse Unit and the plaintiff In such fovecloaara action
shall be entitled to the appointmont of a receiver to collect such
rental. - A wit to recover a money judgment for unpaid room
charges shall be maintainable without foracloeing or waiving the
lien securing the same.
section6. a'raTPAlnff OP C012 M CHARGES. The Board of
Managers Shall promptly provide out him unpaid coaon cbmrgas.
in writing with a written � Of
section 7. AM32 M= AND H1702M2Rd OP wIO21MONS. The
violation of any rule or, regulation adopted by the Board of
Managers or the breach of &B. By-law contained herein shall give
the Board of Managers the right, in addition to any other rights
the Board of manage" to enter the unit owners suit to remedy the
violation and they shall not thereby be dasasd guilty in any mar
of trespass: - or (b) to enjoin. abate, or remedy such thing or
condition by appropriate legal proceedings.
A. SNDIVSDUAI- TOMHMME UNITS. All maintenance of and
-
repairs to each individual. Towdloums Unit, structural or
non-structural, ordinary or extraordinary, (other than
maintenance of arid repairs to say mm1®om alements
contained therein not necessitated by the negligence,
misuse, or neglect of the owner of such Townhouse Unit)
shall be made by the owns of Such Townhouse Unit.. Bach
unit owner, shall be responsible for all damages to any
other Townhouse unit and to the common elnamts resulting
tram his failare to affect such maintenance and repairs-
B. WMMOA EXAMM fB. All maintenance, repairs and
replacements to the Common elements, whether located
inside or Outside of the TOVnbomsa Units (unless
necessitated by the negligence, misuse, or neglect of a
unit owner, in which Case such expense shall be charged
to such unit Owner). aball be mad, by the Board of
Managers and be charged to all the unit owners as a
common eapenea.
Section 9. 13. The Board of Managers on behalf of the
Association, at its common expeoee. Shall at all times keep TBE
COMMON AREAS of the EeyS Townhouses insured against lass er damage
by fire, flood or other hazards normally Insured against at ons
hundred percent (loci) of replacement cost, and Such other risks,
including public liability insurance, upon such terms and for such
amounts as may be reasonably necessary from time to time to protect
the propertys any insurance shall be payable in cane of loss to the
Board or it's Designee as Trustee for all unit owners. The Trustee
so named shall have the authority on behalf of the association and
unit owners to deal with the insurer in tha settlement of claiam.
Each unit owner shall keep his unit insured against loss and
damage by fire, tornado, wind atom and flood.and against such
other hazards as the Board of Managers may require in an amount
equal to the replacement cost for said unit. Each unit owner
agrees upon request of the, Board, to provide the Board with
satisfactory proof of said insurance. If the unit user fails or
refuses to keep said preaises so Insured the Board of managers way
obtain such insurance and the cost of said insurance shall be a
lien against said unit as hersinabove set Out.

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M:a; !-AGE
1783 0235
section 16. RZGAm Of aCC63H. A unit owner shall grant a
right of access to his Unit to any person authorized by the Board
oL Nanagare, to make inspections, to correct any condition
originating in his Unit and threatening another Unit or a common
element, to Install, alter or repair mechanical or electrical
services or other Common elements in his Unit or elsewhere in the
building. and to correct any condition which violates the
provisions of any sort"" covering another Unit. Requests for
such entry shall be made in advance and such entry aball be
scheduled for a ties reasonably convenient to the Unit wear.
However, in case of an emergency, anon right of entry shall be
immediate Whether the unit weer in present at the ties or not.
ANTIQS Vl.
so unit owner shell
execute any dead, mortgage. or other instrument conveying or
mortgaging title to his Unit vlthout including therein the
appurtenant interests, it being the -intention harmer to prevent any
severance of such combined ownership, any such deed, mortgage, or
other instrument purporting to affect one or more of such
interests, without including all such interest, shall be deemed and
taken to include the interest or interests so omitted, even though
the latter shall not be expressly mentioned or described tberain.
No part of the appurtenant interests of any Unit may be sold,
transferred, or otherwise disposed of, except as part of a sale.
transfer or other disposition of the Unit to which such interests
are appurtenant, or as part of a sale, transfer, or other
disposition of eons part of the appurtenant interests or all
Townhouse Units.
Section 2. PAYMENT of ASSESSHIMS. No unit owner Snell he
permitted to —0y, mortgage, pledge, hypothecate, sell or lease
his Unit miles, and until he shall have paid in fall to the Hoard
of Manager, all mryaid common charges theretofore assessed by the
Hoard of managers against bia Unit and until he am" have
satisfied all unpaid l.iess against mach Unit, concept permitted
mortgages-
A=CIE VI2.
Section 1. In the event of a taking in
condemnation or by eminent domain of part or all of the eonson
elements, the award made for such taking shall be payable to the
Board of Managers who shall disburse the Rat procaede of wuh award
in the case manner as they arm required to d'".stribute insurance
proceeds where there is on repair or restoration or damage, as
pravided in Section to of Article V or these By-laws.
ARTICLE V1ll.
Section 1. N071=. all notices to the Hoard of Managers
shall be seat by registered or certified nail, to the office or tbs
Hoard of Managers, c/o RODSWr AEINBAM at A-4 Pleasure Islaml
Plaza, Carolina Beach, North Carolina 28428, or to such other
address as may have been designated by his from time to time, in
writing, to the Board of Managers. All notices to mortgagees of
Townhouse Units shall be sent by registered or certified mail to
their respective addresses, as designated by tda from time to
time, in writing, to the Board of Managers. all notices shall be
deemed to have been given when smiled, except notices ofchangeof
address which shall be deemed to have base given when received.

3001 PAGE
1783 0236
Section i. DMLW=CL. Tne invalidity of any part of thew
By -raw shall net impair m affect in any saner the velldity,
enforceability, or effect the balance of thew By -Lars.
SBCtian 3. CAPrIQM.S. The captious herein are Inserted only
as a matter of convenience and far reference and in an ray define,
limit or describe tbs +cape of thew By-Iaw, or the intent of any
provision thereof.
Seetlon a. ==_ The new of the masculine gander In them
By-law shall be daoed to include the feminism grader and the we
of the singular shall be dessed to iaclads the Plural nenevar the
context so requires.
Wig. igr=• no restrictions. conditions, obligatlm
or provision contained in these By -Law shall be deemed to have
been abrogated or waived by season of soy failure to enforce the
same, irrespective of the number of violations or breaches thereof
which my occur.
rbe Hoard of Managers shall
asap detailed records -of the actions of the Beard Of Managers,
minutes of the meetings of the Hoard Of Managers, Minutes of the
meetings of the emit owners, and financial records and boots Of
account of the Association, iacloding a chronological listing of
receipts and Qpsaditm:es, as wall as a separate accent for each
Townhouse omit which, among other things. sha11 Contain the amount
of each axwsaaeat of common charges against such Tawmhouen unit,
the data when don, the amounts paid thersm and the balance
remaining unpaid. A rrittm report smarising all receipts ash
expenditures of the Amociatim shall be rendered by the Board Of
Manasers to all snit gamer& at least amorally. All Of the above
records and information eball be ends available to either owner et:
any time upon reasonable notion.
fT` i-+]a
Section 1. A1230282M TO BT-IAM9. At any time prior t4.
Do:�those Restrictions any be amended by the
mber 31, 1997, th.
dwaloper/declarant at Its discretion, bat Out to impair the
property value of the lot owers. Thereafter, theme restrictions
say be amended by vote of the owns" of two-thirds (2/3) of the
members of the Homeowners association. provided, bovever, bo
amendment Shall be made to the last paragraph of Article IO Sedtim
1 without anaoiaws consent of the Mameowmrs Association and the
declarant/developer.
The foregoing ware adopted m the By-law of THE MUS
HOMHDIiMM ASSO&IATIOM at the meeting of its Board of DirectOVb
.held on the IS day Of 31— 1 1953_.
Certified to be correct, this the 1?� day of S°'•-
19sqcf��_.
of Ti `eting'of
cao.osM of Managers of
SFAL _ THE KEW BOMEOMBtmtS ASSOCIATlm

BOX PACE
1783 0237
SCBEBWB A
BmrM AM REGULATIONS
or
THE XffrS AT )VRE BSA®
1. The walkways in front of the Twnbouse and the
entranceways to the Building and the Casson areas shall not be
obstructed or need for any purpose other than ingress to and egress
from the Units.
2. No exterior of any Unit shall be decorated by say over in
any manner without prior consent of the Board of managers.
3. No boats, trailers, bicycles, scooters, baby Carriages, or
similar vehicles or toys or other personal articles shall be
allowed to stand in airy of the cmMna areas without Conaent of the
Board of Managers.
a. Bo cover shall Make or permit any voisas that will dietarb
or annoy the occupants cf any of the Units is the developemt or do
or permit anything to be done which will interfere with the rights,
comfort of convenience of other owners.
S. Such owmer, shall keep such owner's Unit In a good state of
preservation and cl-ianllwss and shall not sweep or throw or permit.
anything to be swept or thrown tharafram, or front the doors or
windows thereof, any dirt or other substance.
6. no shades, awnings. window gourds, ventilators, tuna. or
air conditioning devices shall be used in or about the building
except such as shell have boss approved by the Board of Managers.
7. A21 garbage and refuse from the Unit, shall be I- Lted
with care in garbage containers intended for such purpose only at
such times and in such manner as the Board of Managers may direct.
S. Nothing shall be altered or constructed in or removed from
the General Common Area or Elements, except upon the written
consent of the Board of Managers.
9. All radio, television ar other electrical equipment of any
kind or nature Installed or used in each suit shall fully oomply
with all rules, regulations, requirements, or recomoandstions of
the Board.of rim Underwriters and the public authorities having
jurisdiction, and the unit owner alone shall be liable for any
damage or injury caused by any radio, television, or other
electrical eguipman in such unit.
10. The agents of the Board of Managers and any contractor or
workman authorized by the Board of Mangers may enter w.y room or
unit in the building at any reasonable hour of the day after
notification (except in cane of emergency) for the presence of any
vermin, insects, or other pests and for the purpose of taking such
measures as may be necessary to control ar exterminate any such
vermin, insects or other posts.

Boon PACE
1783 0238
11. No vehicle belonging to an owner or to a member of the
fanny or quest, tenant, Or employes of as Owner shall be parked in
Bach a manor an to impede or prevent reedy access to another
owner's unit. The owns", their naplglUGS, servants, egmts.
visitors, liwnseas and the owner's family will obey the parking
regulation pasted an the private streets and drives and a" other
traffic rvgulatiess promulgated in the future for the safety,
comfort and convenience of the owners.
12. all damage to the Units caused by the moving or carrying
of any article therein shall be paid by the O mar taspomalbls for
the presence of Boca article.
12. No Owner shall use or permit to be brought into the Units
any inflammable oils Or fluids aura as gasoline, kerosene, asphthe,
or bananas or other azplueivas ar articles deemed extra hazardous
to life, limb ar property, vithoat in a" came obtaining written
Comment of the Board of Managers.
24. The owners shall act be allowed to pat their names On any
entry of the_Unnits emoapt in the proper places pravided for such
purPose-
15. no "Orr shall do any painting of the exterior Of the
Units without the written consent of the Board of Managers.
16. UrsperLa, blindm, or eartains cat be installed by each
Unit Owner on all windows of his unit and must be maintained in
such windows at all times.
17. any Comer viahiug to plant flowers, tress or shrubs
outside of his Limited common area mat obtain written permission
fret the &mLrd Of Managers before doing so.
16. any damage to the buildings, recreational facilities, or
other common areas or equipment caused by children Or their quests
small. be repaired at the expense of the unit avow/parent.
19. My consent or approval given -odor theme Comity roles
by the Board of Mangers shall be revocable at any ties.
20. 2beea C®vu:.ty Moles racy be added to or repealed at eon,
ties by the Board of Mmnsgsrs.
21. Igo rabntaln or aubrenta2s of any units will be permitted
for a period of leas than twelve (22) consecutive ohs.
22. The Board of Maxagors east be given a copy of all laasem
prior to units being ooupied by tenants, to ensure the enforcement
of regulation 21.
. 21. no commercial business say be conducted frcm any unit in
accordance with the IDnrs Beech Town ordinances.

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Tuesday, March 30, 2010 3:10 PM
To:
'Joseph Hill'
Cc:
Hammers, Angela
Subject:
FW: Request for time extension for add info response
Joseph,
Have you submitted this package? I have not seen it in the mail. My January 29, 2010 letter
was originally due on 2/22, then 3/5, and then 3/12. The requested items were closely related
to items that Angel Hammers requested on November 18, 2009 after receiving your renewal
package on October 22, 2009. I need to get this in ASAP. If I do not receive it this week I
will have to discuss a possible Notice of Violation with our inspectors.
Thanks,
Kelly
-----Original Message -----
From: Johnson, Kelly
Sent: Friday, March 05, 2010 12:37 PM
To: 'Joseph Hill'
Subject: RE: Request for time extension for add info response
Due -date extended until Friday 3/12.
KJ
-----Original Message -----
From: Joseph Hill [mailto:[e-mail]]
Sent: Friday, March 05, 2010 12:01 PM
To: Johnson, Kelly
Cc: [e-mail]
Subject: Request for time extension for add info response
As a follow up to the voice mail messages I left you yesterday afternoon
and this morning, I would like to request a second time extension for: SW8
940217_ The Keys at Kure Beach, and SW8 950814_ Kure Beach Village Phase III
until Monday March 15. This would be greatly appreciated. Thank you... Joey
Hill (tele. 799-1544)
1

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, February 22, 2010 8:18 AM
To: 'Joseph Hill'
Subject: RE: request for additional time
Joey,
We will extend the due date to 3/5/10.
Kelly
-----Original Message -----
From: Joseph Hill [mailto:[e-mail]]
Sent: Friday, February 19, 2010 3:21 PM
To: Johnson, Kelly
Cc: [e-mail]
Subject: request for additional time
If possible , I would like to request additional time to complete your add
info request of ]an 29 for: SW8 940217 The Keys at Kure Beach, and
SW8 950814 Kure Beach Village Phase III, currently due on Feb
22. An extension until March 5 would be appreciated. Thanks... Joey Hill
799-1544 or whupdawe(@bellsouth.net
1

�° r 0 r
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
January 29, 2010
Division of Water Quality
Coleen H. Sullins
Director
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Assoc. Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No. SW8=940217;—
Stormwater Project No. SW8 956814'—
New Hanover County
Dear Mr. Upton:
The Keys @ Kure Beach
Kure Beach Village, Phase III
Dee Freeman
Secretary
The Wilmington Regional Office received a request to renew the above projects and to
re -issue them as one permit on October 22, 2009, and a Notice of Inspection was
mailed on January 19, 2010. The response to that letter is due on February 22, 2010.
This letter is intended to provide additional information regarding What is needed for a
permit modification to combine SW8 940217 and SW8 950814. The following
information is needed to continue the stormwater review:
Please submit a request to combine SW8 940217 and SW8 950814. This
letter should state that the same homeowners association will oversee the
entire area currently covered by these two permits, that that homeowner's
association owns the common areas, and that it is the intention of the
homeowner's association to combine the two permits into a single permit
in order to simplify the effort of overseeing its stormwater responsibilities.
2. Please submit a request for modification of Stormwater Permit SW8
940217 to include additional area currently covered by SW8 950814.
a. A complete package should include all of the items listed in the
application which is available online,
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The two
permits are cumulatively permitted for 580,220sf, and share a common
wet pond as the stormwater treatment. As -built plans should show that
the impervious area is at or below this permitted amount of impervious
area. If it is not, please contact me because impervious area above
this amount mill be subject to Si 2008-211, the 2008 Coat ,I Rule and
there may be additional requirements that you have to meet.
b. Please supply a copy of the recorded deed restrictions to include all
required conditions and limitations including the impervious area per
lot.
c. Please report all built -upon areas in square feet on the application.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX [phone] Customer Service: 1-877-623.6748
Internet. www.ncwaterqualiry.org
One
NorthCarotina
An Equal Opportunity 1 Alfirnianve Action Employer

SW8 940217 & SW8 950814
January 29, 2010
The requested information should be received in this Office prior to February 22, 2010,
or the application will be returned as incomplete.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone] or email me at [e-mail].
nmental Engineer
GDS/kpj: S:\WQS\STORMWATERWDDINFO\2009\940217.jan10
GDS/kpj: S:\WQS\STORMWATER\ADDINFO\2009\950814.jan10
cc: Mr. Joseph Hill, Jr., Joseph S. Hill, Jr. & Associates
WiRO ; Central Files
Page 2 of'2

NOTES
10./,.2.,2-/09,:.-R.,e.ce,iv,ed renewal and combination request for two permits with ,.,.$505.,O.,Oeach.
SW8 940217 - The Keys Kure Beach : renewal app 1�r signed ed b y Timothy Upton,othy Up Prez of The Keys@
_n__ _- _I -1-..-------
Kure Beach HOA, Inc. PH: 910-458-8933. O&M signed, PE submitted.
. .. ... .. ... .
*Need DR
-------------
*Need updated plan/documentation that the three areas noted in the CEI match
the plans and specs.
S.W18-9508.11.4 -.Kure .,..,Beach .,-Village, Phase III : renewal app signed by Timothy Upton, Prez of the Keys
@Kure Beach HOA, Inc. No O&M reauired. PE submitted.
*Need DR
Note: Add Info letter dated Nov. 18, 2009 has been verified as not mailed out. Therefore, the
Requested information needed to combine _(!nq_ the permit ---was- not entered Bi.m-s--or-
forwarded to the Proposed Permittee or the project engineer, Joesph Hill. Ph: 910-799-1544.
- --- ------ - -- . ... .... ....... ---- ----- - -- - ---- ---
A1KH---1 01/2.9/2010 ---- - --
C
1 \m!5 % � L M-Q)r es 7 q -'0 1 erA�es 4 V010
N�l
>Ctkk'cs
. .............. .. .... ..... . .....

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
November 18, 2009
Mr. Timothy Upton, President
The Keys at Kure Beach Homeowner's Assoc. Inc.
701 Sailor Ct.
Kure Beach, NC 28449
Subject: Request for Additional Information
Stormwater Project No `SW8=94021:7v The Keys @ Kure Beach
Stormwater Project No SW8:95081.47— Kure Beach Village, Phase III
New Hanover County
Dear Mr. Upton:
The Wilmington Regional Office received a request to renew the above projects and to
re -issue them as one permit on October 22, 2009, A preliminary review of that
information has determined that the application is not complete. The following
information is needed to continue the stormwater review:
Please submit a request to rescind Stormwater Permit No. SW8 950814,
Kure Beach Village, Phase III as it will be combined with the stormwater
permit for The Keys @ Kure Beach.
2. Please submit a request for modification of Stormwater Permit No. SW8
940217, The Keys @ Kure Beach. A complete package should include:
a. Application form SWU-101 (original and a copy)
b. Two sets of plans for the entire project
c. Supporting calculations, signed, sealed and dated
d. Detailed narrative describing the stormwater
management/treatment for the project
e. Documentation from the NC Secretary of State or other
official records which supports the titles and positions of the
persons signing the permit application.
Please supply a copy of the recorded deed restrictions to include all
required conditions and limitations.
4. Please report all built -upon areas in square feet on the application.
Please remember that a change to one number may have a domino effect
on other numbers. Please check all plans, calculations and forms and
make changes as needed.
6. If a request for modifying these two permits to be combined is no longer
preferred, please notify this office to allow for the renewal process to
continue.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Nortt1Caroflria
Internet: www.ncwaterquality.org v'11 aura //ff
An Equal Opportunity\ Affrmalive Action Employer �/ ((

November 18, 2009
The Keys @ Kure Beach and Kure Beach Village, Phase III
Stormwater Permit No. SW8 940217 and SW8 950814
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to December
22, 2009, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone] or email me at [e-mail].
Sincerely,
Angela Hammers
Environmental Specialist
GDS/akh: S:\WQS\STORMWATERWDDINFO\2009\940217-950814.nov09
cc: Mr. Joseph Hill, Jr., Joseph S. Hill, Jr. & Associates
WiRO : Central Files
Page 2 of 2

Keys at Kure Beach Homeowners Association
BOARD OF MANAGERS MEETING - November 7, 2009 - 9:00 AM
MINUTES
Board present: Harry Birch, Micki Hobson, Tim Upton, Ed Wilkinson
Accountant: Grace McGee, not present
Committee Members present: Peg Fisher, Jennifer Scott, Sam Birch
Homeowners in attendance: none
First Meeting of Board since election an October 3.
Meeting called to order at 9:05 AM by Tim Upton, President.
VOTES TAKEN DURING PERIOD FOLLOWING 10/3 MEETING:
1, BOARD OFFICES assigned same as 2008-9, as follows:
President - Tim Upton
Vice President - Bryan Strickland
Secretary - Micki Hobson
Treasurer - Ed Wilkinson
Architecture Chair - Harry Birch
Landscape Co -Chair - Peg Fisher (non -board)
2. MINUTES for ANNUAL MEETING (10/3/09) adopted.
FINANCE --provided by Grace McGee to Tim Upton
1. CHECK DETAIL - October, 2009 ATTACHMENT A-1
2. P& L and YTD - October, 2009 ATTACHMENT A-2
3. P & L Budget vs Actual - Jan. - October, 2009 ATTACHMENT A-3
4. BALANCE SHEET --as of October 31, 2009 ATTACHMENT A-4
5. ACCOUNTS RECEIVABLE Aging Summary (Nov. 5, 2009) ATTACHMENT A-5
6. LIENS, JUDGMENTS and/or FORECLOSURES:
1) Aging Summary #15 - Unit will be brought to foreclosure by bank at hearing Dec. 10.
If a sale is scheduled, will occur Dec. 31. Discussion re Keys HOA filing Civil Suit against
owners' personal assets for $4,245.73 owed included position that board has fiduciary
obligation to collect the funds, particular considering cost to do so is only $250.
MOTION: to file by Tim Upton, Seconded by Ed Wilkinson:
VOTE PASSED: 3 for, 1 abstained
[Note: filing must occur prior to Dec. 10 hearing.]

Casmer, Jo
From: Casmer, Jo
Sent: Tuesday, November 03, 2009 1:59 PM
To: '[e-mail]'
Subject: Keys at Kure Beach SW8 940217 and Kure Beach Village SW8 950814
Hi Joey: Received your message this morning. I can confirm for you that we received renewal package on both
these permits on October 22nd. They are currently in the hands of Angel Hammers who will be reviewing each
of these. If additional information is needed, she will be the one to make contact with the owner and/or you.
I hope this helps.
Jo Casmer
Administrative Assistant IV
NC Dept. of Environment & Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Please note email address has changed.
Email correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be disclosed to third
parties.

I
DWQ USE ONLY
Date Received
Fee Paid
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT RENEWAL
This form may be photocopied for use as an original
OCT z 2 zoos
I. GENERAL INFORMATION BY:
1. Stormwater Management Permit Number: SW8 940217
2. Permit Holder's name (specify the name of the corporation, individual, etc.):
The Keys at Kure Beach Homeowner's Association, Inc.
3. Print Owner/Signing Official's name and title (person legally responsible for permit):
Timothy 1. Upton, President
4. Mailing Address for person listed in item 2 above:
City: Kure Beach State: NC Zip:28449
Phone: (910 ) 458-8933 Fax:
Email:tim upton®bellsouth.net
5. Project Name: The Keys ® Kure Beach
6. Location of Project (street address):
101 544co2 Covrr
City:Kure Beach County:New Hanover Zip:28449
7. Directions to project (from nearest major intersection):
Travel north from intersection of US 421 & Dow Rd in Kure Beach, approx. 3800 Ft turn west onto Kure
Village Way, approx.1270 LF on Kure Village Way turn south onto Anchor Way into project
11. PERMIT INFORMATION:
1. Specify the type of stormwater treatment []Constructed Wetland ❑Bioretention ®Wet Detention Basin
❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes from project that was originally approved (attach additional pages if needed):
Form SWU-102 (Renewal Form) Version 02.16.09 Page I of 3

i
-
�..

3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
®Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.)
❑No (If no, then submit a new Operations and. Maintenance Agreement that can be located on the
Division of Water Quality Home Page under the BMP Manual link:
http://h2o.enr.state.ne.us/su/bmp—forms.htm)
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive online map at http://h2o.enr.state.nc.us/su/msi maps.htm)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original & 1 copy of the Stormwater Management Permit Renewal Application Form
• Application fee of $505.00 (made payable to NCDENR)
• Operation & Maintenance Verification or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the permit)
• Transfer of Ownership/Name Change Form (if requesting transfer of ownership)
VI. APPLICANT'S CERTIFICATION
Initials
41414
I, (print or type name of person listed in General Information, item 3) Timothy 1. Upton
certify that the information included on this permit renewal application is, to the best of my knowledge, correct
and complete.
Signature: l Date: 6 `y
Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3

Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print name:Timothy J. Upton
Title:President
Address: 701 Sailor Court Kure Beach NC 28449
Phone: [phone]
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president.
I, C' / t� EE A) If I4y , a Notary Public for the State of Q-
County of HA fJ CO C 4 do hereby certify that - i _ � f-h /yP/—
personally appeared before me this day of % O r(- 0 , and acknowledge the due
execution of the forgoing stormwater BMP maintenance requirements. fitness my hand and official
seal,
Notary Signature:
\�111111f1 fill/
m': SEAL -
My commission expires: ( ^ o� 3 -a © ( -2--
Form SWU-102 (Renewal Form) Version 02.16.09 Page 3 of

i
A
DWQ USE ONLY
Date Received
Fee Paid
P rmit Number
p�
r
O .00
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number:`SW9950874'
2. Permit Holders name (specify the name of the corporation, individual, etc.):
The Keys at Kure Beach Homeowner's Association, Inc.
3. Print Owner/Signing Official's name and title (person legally responsible for permit):
Timothy 1. Upton, President
4. Mailing Address for person listed in item 2 above:
City: Kure Beach State: NC Zip28449
Phone: (910 ) 458-8933 Fax:
Email:tim upton®bellsouth.net
- - --- -
S. Project Name: Kure Beach Villa.
6. Location of Project (street address):
N-1
City:Kure Beach County:New Hanover
7. Directions to project (from nearest major intersection):
°Cr
Travel north from intersection of US 421 & Dow Rd in Kure Beach, approx. 3800 Ft turn west onto Kure
Village Way, approx. 1270 LF on Kure Village Way turn south onto Anchor Way into project
it. PERMIT INFORMATION:
1. Specify the type of stormwater treatment ❑Constructed Wetland ❑Bioretention ®Wet Detention Basin
❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes from project that was originally approved (attach additional pages if needed):
Form SWU-102 (Renewal Form) Version 02.16.09 Page] of 3

♦
�
r;.
_a
_
:`
L
_
-� -
_
- _
,_
_ _
...,
..
s

3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
®Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.)
[:]No (If no, then submit a new Operations and Maintenance Agreement that can be located on the
Division of Water Quality Home Page under the BMP Manual link.-
http://h2o.enr.state.nc.us/su/bmp—forfns.htm)
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may he found by locating project on the
interactive online map at http://h2o.enr.state.nc.us/su/msi maps.htm)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original & 1 copy of the Stormwater Management Permit Renewal Application Form
• Application fee of $505.00 (made payable to NCDENR)
• Operation & Maintenance Verification or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the permit)
• Transfer of Ownership/Name Change Form (if requesting transfer of ownership)
VI. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in General Information, item 3) Timothy 1. Upton
certify that the information included on this permit renewal application is, to the best of my knowledge, correct
and complete.
Signature: Date:
Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3

p

Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print name:Timothy J. Upton
Title:President
Address: 701 Sailor CourtKure Beach NC 28449
Phone: [phone]
/u /c
Note: The legally responsible parry should not be a homeowners association unless more than 50% of the lots have been sold
and a resident of the subdivision has been named the president.
I, L" 1 LCElJ itA`/ , a Notary Public for the State of
�L
County of I)E 1J 04.00t)C4 , do hereby certify that / huffy C/Ppr'
personally appeared before me this day of 6 O C7- ,-ROO and acknowledge the due
execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official
seal,
Notary Signature:
E E N
.'�GTA,9
2
n : 'SEAL 9 U =
AQBLIG
My commission expires:
a�-aol 2—
Form SWU-102 (Renewal Fort)
Version 02.16.09 Page 3 of 3

JOSEPH S. HILL, JR. AND ASSOCIATES
CONSULTING ENGINEERS and PLANNERS
1602 HARBOUR DRIVE
WILMINGTON, NORTH CAROLINA 29401
TELEPHONE [phone]
FAX [phone]
October 20, 2009 OC
OC7222009
BY
Ms. Jo Casmer
Surface Water Protection Section
NCDENR - Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: Request for Stormwater Permit Renewal
The Keys at Kure Beach - Permit No: SW8:940217.:�
Kure Beach Village, Phase III - Permit No. SW8>950814
New Hanover County
Dear Ms. Casmer:
Please find attached the applications and documentation (original and
one copy each) in support of permit renewals for the above project(s). This
includes:
1. Application Renewal and one (1) copy
2. Engineer's Project Certifications
3. Application fee for each project
4. Copy of original permits for reference
These projects are submitted for renewal as two (2) separate projects,
as originally permitted. During your review, if the two (2) permits could be
reissued as a single permit, the owners have indicated that would be their
preference. Any additional information we need to provide can be furnished.
Additionally, we have inspected the storm water facilities serving this
project(s), and find them to be properly maintained and operated.
Kure.Keys cover. 102009.wps

Surface Water Protection Section
The Keys at Kure Beach
Kure Beach Village
October 20, 2009
Page 2
I also have an updated application form #SWU-101 and Wet Detention
Pond Supplement available for each project if you need them.
Please contact me at 799-1544 if you have any questions.
JSH/pat
Enc.
Kure.Keys cover. 102009.wps
Sincerely,
JOSEPH S. HILL, JR. and ASSOCIATES
Josep' 7hS. ill, Jr., P.E.

1yu. Keys @ Kure 9eaL�
�G�ewal T-ttw<sfi cv-xp",Cr It- 6-ZOO$,
✓Rehc�ol Att OT Prez.
i<wrC Ge-o-CA, 01�� tnC..
J vac, Sec r( S1 a � ((� n r.
04M �Rr.F1 C0., }'^^ ThM Si�htei
✓ 40cess Fi e 505
Na I P/zq
�,\, w( Sw8 t15b�lH Mod Fs= IhneY 4rG
OVI
,SW (,% ,� _ OO\a.ble.r¢b�e,}. Dui yG
✓qD`/v, -rsS
+'?O'Z Q�
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Project Name Application Number SW8
The project is subject to the NPDES Phase II rules under Session Law 2006-246 if:
i
❑ A new or modified application received complete prior to or after October 1, 2008 for a project
located in:
BJacksonville 8 Leland ❑ Oak Island ❑ Wrightsville Beach
Navassa Carolina Beach
❑ Low Density
❑ Within Y2 mile of and draining to SA (i.e., SR) a maximum Density limit of 12%. (No
provision for limiting the number of dwelling units per acre.)
❑ For non -SA projects, a maximum Density limit of 24% OR no more than two dwelling
units per acre.
❑ No direct discharge to SA waters. (Diffuse flow of stormwater at a non -erosive velocity
to a vegetated buffer or other natural area capable of providing effective infiltration of
the runoff from the 1 year 24 hour storm shall not be considered a direct point of
stormwater discharge.)
❑. Prohibit both increases in volume of flow through existing conveyances and increases
t/r a in the capacity of existing conveyances that drain to SA waters.
8 30' vegetated buffer between BUA and perennial or intermittent surface waters.
a- L Locate the higher density areas in upland areas away from surface waters to the
�I;;-- maximum extent practicable. The higher density area must meet or exceed the low
density post -construction model practices.
Any stormwater flow into wetlands must be at a non -erosive velocity (2 fps). If
wetlands are present in the 30' buffer, then there is an additional requirement for
(�f diffuse flow through the buffer.
p ❑ �� High Density (SA waters >12%)
G �h�2 Meet .1008 (c) requirements.
Control and treat the runoff from all surfaces generated by the difference between tl;e ,..
f4z- pre -
I — and post- development runoff volumes for the 1 year 24 hour storm. `4
Qml ti'0 I Wet Donds may he used as Innn as thpv rinn't create a npw nnint of ctnrmxeiatnr

�A.

\o�oF warFgoG
6 r
� y
O r
April 30, 2008
Mr. Thomas J. Forrest, President
The Keys at Kure Beach Homeowners Association, Inc.
701 Sailor Court
Kure Beach, NC 28449
Subject:: �Stormwater__Permit.NocSW8950814
Kure Beach Village Phase III
New Hanover County and
Stormwater Permit No. SW8940217
The Keys at Kure Beach
New Hanover County
Dear Mr. Forrest:
Michael F. Easley. Governor
William G. Ross Jr.. Secreuny
North Carolina Department of Environment and Natural Resources
Colcen H. Sullins Director
Division of Water Quality
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8950814
to Gulf Stream Development Group, Inc. for a High Density pond to serve Kure Beach Village Phase III
on 11/6/1995. This permit expired on 11/6/2005. The Division also issued a Coastal Stormwater
Management Permit, Number SW8940217 to Gulf Stream Development Group, Inc. for a High Density
pond to serve The Keys @ Kure Beach on 11/6/1995. This permit expired on 11/6/2005.
Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit
renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a
processing fee, which is currently set at $505.00 for each permit. If these are still active projects, please
complete and submit the enclosed renewal applications (one for each permit number) in a timely
manner. If this project has not been constructed and a permit is no longer needed, please submit a
request to have the permit rescinded. Please provide the name, mailing address and phone number of
the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership,
which should be completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement (one for each permit) that
should be completed and submitted along with your renewal applications.
You should be aware that failure to provide the Designer's Certifications and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day.
If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215.
Sine I yours,
-C.e/""
Ed Beck, Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
No u,Camlina
Naturnlly
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone]
Wilmington Regional Office Intemct: www.ncwanaquulit .org Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10 % Post Consumer Paper
Customer Service
1-877-623-6748

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BOOK PAGE
1946 9229
additional annual assessment, the Association .ball levy against
the owners equally an amount sufficient to pay the annual cost of
all pualic liability and common area insurance premiums far the
Association and its members, offices, Directors and amployaes.
The Hoard of Wrsotors (or its demignme) shall, on behalf of the
Association. ae its common expense and at all times, beep the
coemon property insured against loan or damage by firs or other
hazards normally insured against at lost of replacement costs and
other rim inclodiiq public liability insurance, in such tons and
in each amounts as any be reasonably necemaary from time to time to
Protect the tcemom property on behalf or the Association. As a
part of the annual assessments the Association shall also obtain
and pay for Such insurance policies and bonds that the Directors or
the Association deem necessary or advisable including, but not
limited to, officers. and Directors, liability coverage, fidelity
bonds, casualty or hazard insurance or any other insurance for the
Directors and officers of the Association or otherwise.
Section 6. Polka Am QDOSO ran Any Acnan Aursoaxnm own
AATICS.a IV FOR 1IP: written notice Of any meeting called
for the purpose of taking an action authorized order Article lV for
the membership shall be sent to all members not less than tan (10)
days nor more than sixty (60) days in advance of the meeting. At
the first such meeting called, the presence of numbers or of
proxies entitled to east sixty percent (604) of all the votes of
each class of membership shall constitute a Quorum. if the
required quorum is not present, another Posting may be "lid
subject to the seen notice ragoirsmect, and the required quorum at
the subsequent meeting shall be one-half (1/1) of the required
quorum at the preceding meeting. no such subsequent meeting shall
be hold moss than sixty (60) days lollosing the prsoeding meeting.
Section 7. UNIFORM am OF ASBaB51®IT: Both annual and
spacial meeasmmts most be find at a uniform rate for all Lots
and may be collected -on a monthly, annual or other basis as the
aonsovners Association determines, saw special assessments levied
against any lot for casualty Insurance as above required.
6

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M*VERIFIED
Door. PACE UZI SUE DOTS
:i°CISTER OF DEEDS
arm or mom CADOLD4 9 4 1 1101 REV HANDVER CO. No �r
COUNT; or raw HAROVBR '95 OCT PO PM 4 86
Allawn 08CLARMM Or THE AHIIS AT ®Br BEACH
PHAHE lA, PHASIC IN, PHASIC 1C, PHASIC 2A, PHASIC 28, PHASIC 2C
THIS am= OBCL1 MGN is made this 20 of October, 1995
by Gulf Stream Developerm, Ino., a North Carolina corporation
heceinarter referred to as Danlaraht (whether one or mora);
000=4 wiTNEBM=:
wHHRBAB, Declarant is the owner of certain real property in
Federal Point Township, Kam Beach, Nov Hanover County, North
Carolinas
vurNEAB, Declarant recorded maps of The rays at Mute Beach,
Phase 1A as recorded in Plat Book 34 at Page 23, Phase 18 as
recorded in Plat Book 34 at Page 165, Phan 1C as recorded in Plat
Book 34 at Page 324, Phase 2A am record" in Plat Book 34 at Page
364, Phave 2B as recorded in Plat Book 35 at Page 44, and Phase 2C
as recorded in Plat Book 35 at Page 103, all of the NOW Raaover
County Registry, reference to which 1s hereby made for a more.
particular description; and
wHEREAS, Declarant recorded Declarations of The Beya at Ure
Beach, Phase is as recorded in Book 1783, Page 221, at an., Phase
28 as recorded Book 2824, Page 480, at a". and amended in Hook
1892, Page 762, at &M., Phase IC as recorded in Book 1872, Page
404, mt am., Phase 2A be recorded in Sack I879, Page 484. At MR.,
Phase 2B as recorded in Book 1901, Page 299 st ON., Phase 2C as
recorded in Book 1934, Page 877, N& an., all of the New Hanover
CmnLty Registry; and
WHISMAB, pursuant to said Declarations as berainabove
referenced, said restrictions way be amended by the Declarant at
aqy time prior to December 31, I997 at its discretion;
1110CRIM, it was the intent or the Declarant that the owners of
all late located within The 30eye as recorded in the plats am
hereinabove referenced, would, by acquiring title, be members of
the Aura Desch Village Homeowners Association, Inc., said Articles
of Incorporation Laing recorded in Book 1427, page an at 1sm• or
the New Hanover County Registry;
NOW, TBBREFORA, Declarant hereby mends the Declaration of The
2r 393418 R�""3O•
/h4a-

t BOOKME
Rya at Hare Beach, PhIsi 4A, ?VMuW lc, Phew ", Phase
35, Phase 1C an hereinabove referenced by submitting meld late as
described in said Plat Boots and Pages as hereinsbove referenced to
membership of The Hare Bauch Baewnrrs Association, Ino, as met
out in Boot 1117, Page 811, at an. of the New Hanover county
Registry.
Except an hersinabove amended the Declaration of The Heys at
Hare Eeacb, all phases as twnirabove referenced, shall remain
unaltered and in fall force and affect.
IN WITNESS WHOMP, Declarants have hereunto set their hands
and seals the day and year first above written.
GULP B"WAN DEVELOPERS, INC.
Sr?66T: Prenfdaat
aTATB or
&4d&zz4-&�X
COUNTY OF CIGI
1. a Notary Public in and for the
aforesaid County and State, do hereby certify that Jesse D. Niller
Paraonally appeared before me this day and ackbowledged that he is
secretary of Gulf Stream Developers, Imo., a North Carolina
corporation, and that by aetbority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
nd
Preaidsut, sealed with its corporate meal aattested by him as
its Secretary.
WITLESS my hand and notarial stamp or smal, this the AO day
Of October, 1995.
1H oo Iasi expires;
— I r - — L43-6pul
C
KATIE L STOUT
ST1TE OP HOBS9 CaRDLINa NOTARY PUBUC
COUM OF NEW HaNUVER BMm11dI �^�Y. C.
The foregoing certificate of 11ArjT [.. 6rDL r
a Note'? Public, is certified to be correct. This the �jp_ day of
MhRT SUE OOTS - REBrBTM OF DMS
BY: nt •, i//XI'Atii
Y/At

North Carolina Secretary of State
Page I of I
North Carolina
Elaine F- Marshall DEPARTMENT OFTHE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 019)607-2000
CORPORATIONS
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Date: 4/29/2008
Click here to:
View Document Filings I Sign Up for E-Notifications I
Corporation Names
Name Name Type
NC Kure Beach Village Legal
Homeowners Association,
Inc.
Non -Profit Corporation Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing Address
Principal Office Address:
Principal Mailing Address:
0233068
Current -Active
8/11/1988
Domestic
NC
Perpetual
The Keys at Kure Beach Homeowners
Association, Inc.
701 Sailor Court
Kure Beach NC 28449
701 Sailor Court
Kure Beach NC 28449
701 Sailor Court
Kure Beach NC 28449
701 Sailor Court
Kure Beach NC 28449
For questions or comments about the Secretary of State's web site, please send a -mail to Webmaster.
http://www.secretary.state.ne.us/corporations/CorD.asox?PitemId=4790860 4/nv,)nnu

SOSID: 0346900
Date Filed: 3/12/2008 4:17:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200804400337
p
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SOSID: 0233068
Date Filed: 2/26/2008 10:11:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200804400340
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
Thenameof the entity is: K(4RE ESL--ACy V/LLFl6E /qOrt4E,9WAAF25 HSSoCrq�rr�.t/r �rUC
i
Emily Type: ❑Corporation, []Foreign Corporation, Wonpmfit Corporation. ❑Foreign Nonprofit Corporation,
❑f.imiled Liability Company, ❑Foreign Limited Liability Company ❑Limited partnership, ❑Foreign Limited Partnership.
❑Limited Liability Partnership. ❑Foreign Limited Liability Pannenhip
The street address and county of the entity's registered office currently on file is:
NumberandStrect: fOOg /V .LAK� �AR/< 4LVb
City, State, Zip Codc: (?ARm1./A)A 12C--46H 1VLQ 129 County: AAE v✓ r'iA A)o ✓Ek
The mailing address if different from the street address of the registered office currently on file is: --
/ 5 AAAe
The name of the current registered agent is: RO a ER.T
NEW (NFOf+,IvIATION
1. fhe street address and county of the new registered office of the entity is:
(complere this item only if the address of the registered office is being chrmged)
Number and Street: -70 1 S A l L 09 fot QR -
City, State, Zip Code: eUR'E ge4CH, /V C —7-vq q 9 County: !V e W yfi A/O ✓r—,e
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office it being changed)
n
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed)
Tf,E Keys r4T KC/RE�EAcN �TOMEOWNERS / y�I�SiirP L1
, Type or Print Name of New Agen[ SSc,c,^Tta A/t fNL, •Signature &Title
4. The address of the entity's registered office ;nd the address of the business office of its registered agent, as changed,
will he identical. .�( J ,
5. This statement will be effective upon filing, unless a date and/or time is specified :�j a2y �ej'fLssl._�--�1R•a�.
This is the _day of , 20_ egAc BENCH y /� •`% 91YEow legs
�,i1f Ert'ry Name $Soc,*7 t oNt /A/C,
�TT�r _ _ _r^(7 .S'igrwrwe ��77
T/-lOA4RS Fo RRESrF pk,p St bE,Ur
Tvpe or Print :Nome and Title
Notes: Filing ffe is V5.00. This documenl must be riled with the Secretary of Slate.
Instead of signing here, the new registerat agent may sign a separate written consent to the appointment, whieh must be attached to this statement.
CORPORATIONS DIVISION 1. O. BOX 29622 lW,F.JGI{, NC 27626-0622
Revised January 2002 Form 13E-06

State of North Carolina
Department of the Secretary of State
SOS] D: 0346900
Date Filed: 2/26/2008 2:01:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200804400336
NONPROFIT CORPORATION'S DESIGNATION OF PRINCIPAL OFFICE ADDRESS
Pursuant to §55A-16-23(a) of -the General Statutes of North Carolina, the undersigned nonptolit corporation does hereby submit the
lolloi%ing Cot the purpox of designating its principal office address.
I . The nano of the corporation is: THE KEYS AT KURE BEACH HOMEOWNERS ASSOCIATION, INC.
2. (Cheek onto it applicable.) ✓ The street address of the principal office is not currently on file with the Secretan, of Stale.
.. (Check only it applicable.) ✓ The mailing address of the principal ol7ice is not currently on fife kith the Secretan of Stale.
4. The street address and county of the designated principal office of the corporation is:
Number and SU cot: 701 SAILOR COURT
City, State, Zip Code: KURE BEACH, NC 28449
5. 'I lie availing address ifdifferent from the street uddres.s of We designated principal office is:
same
This designation will he cllecti%c upon filing, wiless a later date and/or time is specified:
NEW HANOVER
THE KEYS AT KURE BEACH HOMEOWNERS ASSOCIATION, INC.
NO vfCorporalion
�nahlr'e
BRYAN STRICKLAND,1elA1B PRESIDENT
7:vpe or Print ;Name and Title
NO"1'I!S:
I. Piling tee is $5. This designation and one enact or confirmed cope of it must he filed with the Sceretanof, Slate.
(Xevoed.lanuary 2000) (rorm ,V-l7)
CORPOkA I IONS DIVISION P.O. BOX 29622 RAI.I'.IGI I, NC 27626-0622

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, P.E. Director
Division of Water Quality
August 27, 2007
Ms. Peg Fisher
809 Kure Village Way
Kure Beach, NC 28449
Dear Peg:
In follow-up of our conversation of Friday, August 24tn, 1 am enclosing a sample copy of the renewal letters that
are sent out to permit holders whose Stormwater permits have or are about to expire. With regard to the permit
for The Keys at Kure Beach, I have no idea why our reporting system failed to include your permit on the
expiration list. In any event, the letter along with the appropriate forms are enclosed for your review and
completion.
Had the letter been sent out initially, it would have been sent to Gulf Stream Development Group, Inc who is
currently reflected on the permit as project owner. I understand by the staff who is generating these letters, that
all other permit renewal letters that are being sent to Gulf Stream have all been returned by the post office as
undeliverable. I do not believe Gulf Stream exists any longer. I am wondering if the project has been turned over
to your Homeowners or Propertyowners Association and that is how the renewal permit needs to read. This may
be something you will need to explore then complete the enclosed accordingly.
Please note that the State's hermit fees are increasing as of September 1, 2007 to $505.
Sincerely
Jo Casmer
Administrative Assistant
Surface Water Protection Section
0.
N �r�tt�Caro ina
Natura)in
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington. NC 29405 Phone [phone] Customer Service
Wilmington Regional office Internet: www.ncscateruualitv.org Fax [phone]

�G
1
, 2007
Subject:: Stormwater Permit No. SW8940217
The Keys @ Kure Beach
New Hanover County
Dear
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleco H. Sullins Director
Division of Water Quality
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8940217
to Gulf Stream Development Group, Inc. for a High Density pond to serve The Keys @ Kure Beach on
11/06/1995. This permit expired on 11/6/2005. Section .1003(h) of 15 A NCAC 2H .1000 (the
stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the #.50 S
expiration of a permit and must be accompanied by a processing fee, which is currently set at $426-00. E r- P
If this is still an active project please complete and submit the enclosed renewal application in a timely q,1.0-1
manner. If this project has not been constructed and a permit is no longer needed, please submit a
request to have the permit rescinded. If you have sold the project, or are no longer the permittee,
please provide the name, mailing address and phone number of the person or entity that is now
responsible for this permit. Enclosed is a form for change of ownership, which should be completed and
submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer
for the system installed. This is to certify that the permitted facility has been installed in accordance with
the permit, the approved plans, specifications and supporting documentation. Please include a copy of
the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$10,000 per day.
If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215.
Sincerely,
Ed Beck, Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
N'o�yt,Carolina
VWimally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterouality.or¢ Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

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