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HomeMy WebLinkAboutSW8961234_HISTORICAL FILE_20000128STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 �D i�3Li DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS . HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2C)Oo 0I24 YYYYMMDD '-,State of North Carolina 'Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality Mr. Joe Hearne, General Partner Kure Beach Associates PO Box 22 Kure Beach, NC 28449 Dear Mr. Hearne: 7 8 January �I, 2000 1� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NR URAL RESOURCES Subject: Permit No. SW8 961234 Modification Kure Dunes Phase IV High Density Subdivision Stormwater Project New Hanover County The Wilmington Regional Office received a complete modification to the Stormwater Management Permit Application for Kure Dunes Phase IV on December 30, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 961234 Modification, dated January 21, 2000, for the construction of Kure Dunes Phase IV. This permit shall be effective from the date of issuance until January 21, 2010, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. Please replace the previously approved sheet C-1 with enclosed approved sheet C-1. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIn961234.JAN cc: W.K. Dickson Bill Hanna, Kure Beach Building Inspections Tony Roberts, New Hanover County Inspections Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 961234 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Kure Beach Association. Kure Dunes Phase IV New Hanover County FOR THE construction, operation and maintenance of a detention pond and an underground infiltration trench in compliance with the provisions of 15A NCAC 2H A000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 21, 2010 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater detention pond has been designed to handle the runoff from 185,698 ftz, and the infiltration gallery has been designed for 19,563 ft2 of impervious area, and includes lots, clubhouse area, roads, and parking, as shown on the drainage area map.. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. Each of the 40 lots in the subdivision is restricted to a maximum amount of built -upon area, as tabulated on the attachment to the application. 5 of this Permit for the specific allowable BUA per lot. 2 State Stormwater Management Systems Permit No. SW8 961234 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Index 4/ Classification of Water Body: *Pond Depth: Permanent Pool/Bottom Elevation, FMSL Total Impervious Surfaces Allowed, ft': Offsite Area entering Pond, ftz: Required Surface Area, ft2: Provided Surface Area, W : Required Storage Volume, W: Provided Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice: Seasonal High Water Table Elevation, FMSL: Type of soil: Reported Hydraulic Conductivity: Time to drawdown: *Pond drains to The Keys, SW8 940217. Kure Dunes Phase IV SW8 961234 Modification New Hanover County Mr. Joe Hearne, General Partner Kure Beach Association PO Box 22 Kure Beach, NC 28449 December 30,1999 (Modification) Atlantic Ocean Cape Fear River (CFR 99-3) / "SB" (CFR 18-71) / "SC' - POND INFILTRATION TRENCH 6' 10' W x T H x 135' L trench with 270 linear feet of 12" (� perforated piping 17 22 185,698 19,563 2-2/3 lots from Phase III @4,534 each (12,091 total) 10,235 N/A 11,766 N/A 15,367 1,622 16,973 1,747 18.3 24.03 2" pipe overflow weir set @24.03 FMSL N/A 18.6 N/A Beach Sand N/A 2.75 gal/hour/sq.ft. 2.4 days 3.5 hours 3 State Stormwater Management Systems Permit No. SW8 961234 H. SCHEDULE OF COMPLIANCE l . The stormwater management system shall be constructed in it's entirety, vegetated and operational for it's intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 4. The following items will require a modification to the permit a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 5. The Director may determine that other revisions to the project should require a modification to the permit 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements ofthe 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. 7. The permittee shall at all times follow the approved Operation and Maintenance plan to assure the permitted stormwater system functions at optimum efficiency. Maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f Debris removal and unclogging of trenches, outletibypass structures, orifice, catch basins and piping.. g. Access to the outletibypass structure must be available at all times. h. Annual cleaning/testing of the infiltration trench system. 8. Records of maintenance activities must be kept and made available upon request to authorized personnel ofDWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 9. 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. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and, specifications must be noted on the Certification. 13 State Stormwater Management Systems Permit No. SW8 961234 11. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. A copy of the recorded deed restrictions, including the statements below, must be received within 30 days of the date of recording: a. "The maximum built -upon area per lot is * square feet, and includes that portion of the right- of-way between the lot line and the edge of pavement; structures, pavement, brick, stone, gravel, slate, coquina, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools." Lot 1 4,046 Lot 14 6,795 Lot 27 3,106 Lot 2 3,444 Lot 15 3,404 Lot 28 3,896 Lot 3 3,181 Lot 16 3,318 Lot 29 3,012 Lot 4 3,443 Lot 17 4,112 Lot 30 3,000 Lot 5 3,409 Lot 18 4,293 Lot 31 3,000 Lot 6 4,019 Lot 19 4,583 Lot 32 . 3,000 Lot 7 3,538 Lot 20 4,099 Lot 33 3,000 Lot 8 3,188 Lot 21 5,461 Lot 34 3,000 Lot 9 3,439 Lot 22 3,912 Lot 35 3,000 Lot 10 3,320 Lot 23 3,286 Lot 36 3,123 Lot 11 3,951 Lot 24 4,147 Lot 37 3,111 Lot 12 4,595 Lot 25 3,882 Lot 38 3,029 Lot 13 5,408 Lot 26 4,682 Lot 39 3,258 Lot 40 3,253 • The permittee shall fill in the blank as provided in the lot listing above. b. "The covenants pertaining to stormwater regulations may not be. changed or deleted without concurrence of the State." .! C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 12. A copy of the recorded deed restrictions must be sent to the Division within 30 days of the date of recording 13. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 14. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee for the operation and maintenance of the facility. III. GENERAL CONDITIONS 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 Water Quality 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. State Stormwater Management Systems Permit No. SW8 961234 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 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 permittee grants DEHNR Staff permission to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. ' 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. The permittee shall notify the DWQ of any mailing address changes within 30 days of the change. Permit issued this the 21st day of January, 2000. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 961234 State Stormwater Management Systems Permit No. SW8 961234 Kure Dunes Phase IV Stormwater Permit No. SW8 961234 Modification New Hanover County Designer's Certification h as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, ect) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date cc: NCDENR DWQ Regional Office Tony Roberts, New Hanover County Building Inspector Bill Hanna, Kure Beach Building Inspector State Stormwater Management Systems Permit No. SW8 961234 PE Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspector. Bill Hanna, Kure Beach Building Inspector State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Kure B35rfl ASSOC1atPS 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): .te Rffne - Goal PWWT KIM lax 1 ASSOClates 3. Mailing Address for person listed in item 2 above: Rxt ()ffirp R-a 27 City: KI fre B9ach State: Zip: 2BO9 Telephone Number: ( 910 1 458-4A 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Kure D11ES'Rme IV 5. Location of Project (street address): Kure Q rles Lane Off of LS 421 at Kure Baddl . City: K11rp BNrtl County: U3g HipAr 6. Directions to project (from nearest major intersection): ± 1/2 rVe m-th of Old Rw R33d"LS 421 7. Latitude:_340 00' 15" Longitude: T%° 54' of project S. Contact person who can answer questions about the project: Joe Fb5IM II. PERMIT INFORMATION: I. Specify whether project is (check one): Telephone Number: (910 New Renewal X Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing pe )2g ,t list the - -. existing permit number M 961234 and its issue date (if known) Ut tN/Y� 3. Specify the type of project (check one): _Low Density X High Density _Redevelop _General Permit _Other 4. Additional Project Requirements (check applicable blanks): _CAMA Major X Sedimentation/Erosion Control 404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . owm atf r will be treAed with tre use of a tiet and sized to aclim a 99/. rEL ticn in total sum solids and an infiltratim sysm sized to h3rdle tale first 1 inch ruuff. 2. Stormwater runoff froiA this project drains to the 3. Total Project Area: 8.75 acres 5. How many drainage areas does the project have? 2 M- e. River basin. 4. Project Built Upon Area: 53.7 % 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. POrJd lBasuiIiformahon u ' Dra Wage Areal l Fo3P DrainageFuea 2*� Receiving Stream Name Receiving Stream Class Drainage Area rr.0,851 Existing Impervious* Area Pro osed Im ervious*Area 4 26 ac 0.449 ac % Impervious" Area (total) 53.8 aC 52.8 L uwa<a ra a! Drarna e �1rea1 Drauia e Area 2 On -site Buildings 15,516 On -site Streets 39 127 Sf On -site Parking On -site Sidewalks Other on -site (R7ol Site) Off -site Total: im 698 sf_ ac Total: 19,563 Sf = 0.449 dC " Impervious area is defined as the built upon area including, but not limited to, buildings, roaas, parKzng areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7." How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. I. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number _560Y 96n/234 as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. _�[ See 2{ {2ch 1 'Sh; y 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, 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 State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 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. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): W.K. D1CkSC11 & 00. Inc. Mailing Address: 909 City: W1lr[lirgtCn State: Zip: 2 1 Phone: ( 910 ) 762-42DO Fax: L 910 ) 762- 01 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) .be Rl M G3121 ] Pd= • 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 15A NCAC2H.1000. a,�(� Signature: Date: Form SWU-101 Version 3.99 Page 4 of 4 W DICKSON Engipeers • PIgnners • Surveyors Lanaxape Arzlrilerts December 28, 1999 Ms. Linda Lewis N.C. Department of Environment and Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Kure Dunes, Phase IV New Hanover County WKD Project No. W9611.80 Permit No. SW8 961234 Dear Ms. Lewis: D E C E I V E DEC 3 01999 PROJ tt D E M This letter is in response to your letter dated November 30, 1999. In response to the questions regarding lots 25 and 26, the plan submitted to you on July 30, 1999 shows the correct and recorded lot configuration. The BUA limits for lot 25 and 26, as well as the other lots did not change and are the same as recorded at the county courthouse. Included with this letter is the page two of four with the applicant's initials as requested. If you need additional information please call. Very truly yours, WK DICKSON & CO., INC. Paul R. Shivers, E.I. Encl.: As noted above. cc: Joe Hearne, Kure Beach Association 909 Market Street 910.762.4200 Atlanta, GA Hickory, NC Wilmington, North Carolina Fax 910.762.4201 Asheville, NC Raleigh, NC 28401 www.wkdickson con Charlotte, NC Columbia, SC Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality November 30, 1999 Mr. Joe Hearne, General Partner Kure Beach Associates PO Box 22 Kure Beach, NC 28449 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: ACKNOWLEDGMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 961234 Modification Kure Dunes Phase IV New Hanover County Dear Mr. Hearne: The Wilmington RegionalOffice received a Stormwater Management Permit Application for Kure Dunes Phase IV on October 26, 1999. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The Final Map of Kure Dunes Phase IV submitted on July 30, 1999, shows Lot 26 on the southwest corner of Kure Dunes Lane and Anchor Way, with Lot 25 adjacent it. The plans submitted on October 26, 1999, for the modification show Lot 25 on the comer and Lot 26 adjacent it. Since each has different BUA limits, it needs to be clear which lot is number 25 and which is number 26. Please initial blank #m on the supplement. You are indicating that a pump will be used to drain the basin for maintenance and emergencies. 3. Section IV on page 3 of 4 of the application has not been completed. Please provide a list of each lot's maximum built -upon area, if different from the restrictions already recorded. If the proposed lot BUA's under this modification are intended to be the same as those already recorded, please indicate so in writing. 127 Cardinal Dr. Ext., Wilmington, North Carolina 25405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10°/ post -consumer paper Mr. Hearne November 30, 1999 Stormwater Project No. SW8 961234 Modification Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to December 30, 1999,. or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. 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 ofNCGS 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. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\961234.NOV cc: Linda Lewis Margaret Gray 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper ftWK 13ICKSON Engitreers • PI nners •Surveyors In 2,ape ArrP,itec , October 21, 1999 Ms. Linda Lewis N.C. Department of Environment and Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Kure Dunes, Phase IV New Hanover County WKD Project No. W9611.80 Permit No. SW8 961234 Dear Ms. Lewis: D E C E I V E OCT 2-6 1999 D 1((CA 'noi 001 This letter is in response to your letter dated August 12, 1999. 1 have gone back through the calculations and have modified them to increase the imperviousness for Lot 14. 1 have also made several other small changes in the calculations and the plans. The imperviousness for Lots 25 and 27 has been adjusted in the calculations. In the previous submittal, the imperviousness allowed for each of these lots was based on the amount allowed under the Phase III permit which was 4,500 sf per lot. Since these two lots were never recorded, we ended up placing them under the Phase IV criteria of 60% imperviousness allowed per lot. This has actually lowered the amount of impervious area draining to the pond. Since there is some extra impervious area to use, we have proposed to place additional impervious area on the recreational lot next to the clubhouse that is 1,925 sf. We have proposed to place a basketball court there. This amount has been added to the recreational area imperviousness numbers. The provided calculations have been modified to reflect all of the changes on the plans and in the recorded amounts of impervious area allowed for each of the lots. 909 Market Street 910.762.4200 Wilmington. North Carolina Fax 910.762.4201 28401 www.wkdickson.com Atlanta. CA Hickory, NC Asheville, NC Raleigh, NC Charlotte. NC Columbia. SC The following is provided: - original completed stormwater application (modified) for the referenced project and one additional copy - two (2) copies of the revised Calculations r - check in the amount of $420.00 - two (2) copies of the following plan sheet: C-1 Drainage Plan, dated 12/23/97, revised 10/20/98 If you need additional information please call. Very truly yours, WK DICKSON & CO., INC. Mark N. Hargrove, P.E. Encl.: As noted above. cc: Joe Hearne, Kure Beach Association STORMWATER CALCULATIONS FOR KURE DUNES PHASE IV KURE BEACH, NORTH CAROLINA E C E I V E D OCT 2 6 1999 D E M PROD# ENGINEERS WK DICKSON 909 MARKET STREET WILMINGTON, N.C. 28401 (910)762-4200 February 19, 1998 (Revised 10/20/99) / b/1olf7 WK DICKSON Engineering Land Planning Surveying KURE DUNES PHASE IV TOTAL AREA DRAINING TO POND: = 345,458 SF = 7.93 ACRES TOTAL PROPOSED IMPERVIOUS SURFACE AREA DRAINING TO POND: ROADS = 39,127 SF 33 1 /2 LOTS (LOTS 3 — 37, & % OF LOT 38) = 126,238 SF RECREATION AREA (POOL & CLUBHOUSE) = 13,345 SF (LOT 25 & LOT 27) = 6,988 SF 909 Market Street Wilmington, NC 23401 (9 10) 762-4200 = 185,698 SF = 4.26 ACRES PERCENT IMPERVIOUS DRAINAGE AREA FOR POND: = 185,698 SF / 345,458 SF — 53.8 `Yo REQUIRED STORAGE FOR 1-INCH OF RUNOFF FOR POND: (use Schueler Method) = 0.05 + 0.009 (I) = 0.05 + 0.009(53.8) = 0.534 = (1")(0.534)(1/12)(7.93)(43,560) =15,372 CF (17,141 CF PROVIDED) REQUIRED STORAGE FOR FOREBAY: 20% OF FIRST 1-INCH RUNOFF = (0.2)(15,372) = 3,074 CF (3,392 CF PROVIDED) POND DEPTH SA/DA % (FT) 6.0 3.00 POND SURFACE AREA (MIN.) (SF) IF POND DEPTH = 6.0 FT, MINIMUM SURFACE AREA = 10,364 SF USED 90% TSS CHART TO SIZE POND AREA @ ELEVATION 17.00 = 11,766 SF > 10,364 SF 10,364 REVISED 10/20/99 PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80 PREPARED BY: itlN/J DATE: zv CHECKED BY: DATE: PAGE NO OF WK DICKSON Engineering Land Planning Surveying 909 Market Street Wilmington, NC 28401 (910)762-4200 NORMAL OOL 5 5 3041 19 1 . 75 1 79527 0 1 .00 1 1 9 " RUFF 1 46 4 12 7T T8 3 STAGE 1 385 236 14.50 6 10 7 5 1343 —509 0 11 1852 54 � 50 2506 BE-RWE E TT 339 REVISED 10/20/99 PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80 PREPARED BY: A)Vff DATE: CHECKED BY: DATE: PAGE NO OF WK DICKSON Engineering Land Planning Surveying 909 Market Street Wilmington, NC 28401 (910)762-4200 POND RELEASE I [ME FOR CONTROL PIPE: F. STOR OL-RECEASED UTFLOW RATE RELEASE TINT —ELE R) S RD I I 117,141 4, 12 0.120 1 T 1 , 9 3,402 0.105 1 .75 5 7 T 50 6,233 7. 5 3,0 0 - OTAC . 7,YS N N7O-I ER�Ivt INE OUTFLOW RAT = g 1 REVISED 10/20/99 PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80 PREPARED BY: 17))VY DATE: N L i CHECKED BY: DATE: PAGE NO OF WK DICKSON Engineering Land Planning Surveying RECHARGETRENCH STA + 8+10, KURE DUNES LANE DRAINAGE AREA = 37,054 SF = 0.851 AC 909 Market Street Wilmington, NC 28401 (910)762-4200 TOTAL PROPOSED IMPERVIOUS SURFACE AREA DRAINING TO INFILTRATION TRENCH ROADS = 4,047 SF (LOT 1, 2,'/z 38, 39, 40) = 15,516 SF (LOTS TOTAL 25,765 SF) = 19,563 SF % IMP = (19,563/37,054) = 52.8% REQUIRED STORAGE FOR I -INCH OF RUNOFF FOR DRAINAGE AREA : (use Schueler Method) = 0.05 + 0.009 (I) = 0.05 + 0.009(52.8) = 0.525 = (1")(0.525)(1/12)(.851)(43,560) = 1,621CF USE 3.00'x 10.0' RECHARGE TRENCH W/ 2 - 12" PERFORATED PIPES STORAGE VOLUME PER FOOT = PI(DA2)/4 = (PI)(1)/4 = 0.79 SF x 2 = 1.58 CF/LF STONE VOLUME = (3.00 x 10.0)- 1.58 = 28.42 CF/LF STORAGE = (28.42 SF x 0.4(VOIDS)) + 1.58 SF = 12.95 CF/FT L = STORAGE/(12.95 CF/FT) L = 1,621 CF/12.95 CF/FT = 125 LF NEEDED --( SEE PLANS SHEET C-2) NOTE: 125 LF OF TWIN 12" PERFORATED PIPES IN A 10' WIDE TRENCH IS PROVIDED CHECK INFILTRATION RATE: INFILTRATE WITHIN 5 DAYS 1,621/(5 DAYS)(24 HRS) = 13.5 CF/HR OR 101 GAL/HR FROM SOILS REPORT, MINIMUM INFILTRATION RATE WAS 5.5 GAL/HR. USE FACTOR OF SAFETY OF 2 = 2.75 GAL/HR/SF AS SYSTEM RATE AVAILABLE RATE = 10' x 125' x 2.75 GAL/HR/SF = 3,438 GAL/HR THEREFORE, SYSTEM RATE EXCEEDS REQUIRED EXFILTRATION REVISED 10/20/99 PROJECT: KURE DUNES, PHASE IV SUBJECT: POND CALCULATIONS JOB NO.: W9611.80 PREPARED BY: ^/OhL DATE: i zl' CHECKED BY: DATE: PAGE NO OF State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality Mr. Joe Hearne, General Partner Kure Beach Association PO Box 22 Kure Beach, NC 28449 Dear Mr. Heame: �Z.1 WA le NCDENR NC Cg OLMA DEPARTMEM OF ENVIRONMENT A.D NArURP RESOURCES August 12, 1999 Subject: Lot 14 Deed Restriction Kure Dunes Phase IV Stormwater Project No. SW8 961234 New Hanover County The Wilmington Regional Office received a copy of the recorded deed restrictions for Kure Dunes Phase IV on July 12, 1999, and requested additional information due to the fact that 40 lots were recorded with restrictions rather than the 38 that were permitted as apart ofthe actual project. Your engineer, Mark Hargrove, P.E., with WK Dickson, submitted a new map and explained that the 2 additional lots were ones that were previously accounted for in Phase III, but were included with Phase IV due to -the grading. Now that I am able to correlate between the permitted lot numbers and the lot numbers as recorded, it appears that Lot 14 has been assigned a built -upon area of 6,795 square feet, which is about 1,200 square feet more than the permit allowed. Other minor changes that balanced out were also made, but there was no corresponding reduction of 1,200 square feet in another lot or area that I could see. Mr. Hargrove's letter indicates that since the total built -upon area in the project is significantly lower than what was permitted, I should just leave it alone, however, I am unable to do this without a complete permit modification to supportthe claim. Section I Part 7 requires a modification to the permit for any revision to the approved plans, and for a redesign or addition to the approved amount of BUA. In order to allow Lot 14 to remain at 6,795 square feet, please submit a permit modification which indicates where the BUA changes have occurred. If you do not wish to pursue a modification, please record an amendment to Lot 14 which limits it to the permitted 5,594 square feet. The requested information should be submitted by September 12, 1999, or the project will be found in violation.of the Stormwater Management Permit and subject to enforcement action. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\961234.AUG cc: Linda Lewis Mark Hargrove, P.E. Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper WK DICKSON Engin�eers • Plgnners • Surveyors Landscape Architects July 28, 1999 Ms. Linda Lewis N.C. Department of Environment, Health, and Natural Resources Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Kure Dunes, Phase IV New Hanover County WKD Project No. W9611.80 Permit No. SW8 961234 Dear Ms. Lewis: TJ - T:,:1VED JUL 3 0 1999 BY: -- Per your request, I have attached two (2) copies of the final layout of the Kure Dunes Phase IV project that shows 40 lots. Lot No. 25 & 27 were originally in Phase III B, but since these two lots could not be served by sewer in that phase, Kure Beach Associates decided to wait and record these two lots in Phase IV. The high point in the road on Anchor Way resulted in the runoff from these two lots to drain to the Phase IV pond. The drainage calculations for Phase IV accounted for runoff from these two lots. The summation of impervious areas permitted for all of the lots, the roads, and pool/clubhouse totaled 207,325 sf. The summation of the impervious areas in the deed restrictions, the impervious area allowed for the roads and pool/clubhouse only totaled 199,288 sf. Therefore, we have less impervious area than was permitted for. If you need additional information please call. Very truly yours, WK DICKSON & CO., INC. x" �, /f�4� Mark N. Hargrove, P.E. Encl.: As noted above. . cc: Joe Hearne, Kure Beach Association 909 Market Street 910.762.4200 Allaua, CA Hickory, NC Wilmington, North Carolina Fax 910.762.4201 Asheville, NC Raleigh, NC 28401 www.4clickson.com Charlotte, NC- Columbia, SC Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality July 26, 1999 Mr. Joe Hearne, General Partner Kure Beach Associates PO Box 22 Kure Beach, NC 28449 NCDENR ENVIRONMENT AND NATURAL RESOURCES Subject: Deed Restrictions for Kure Dunes Phase IV Stormwater Project No. SW8 961234 New Hanover County Dear Mr. Heame: The Wilmington Regional Office received your request to transfer -the maintenance responsibilities for the detention pond and infiltration trench system for the subject project to the newly formed Homeowner's Association. A policy regarding the transfer of maintenance has been formulated and approved by the Attorney General's Office. That policy requires that the following items be addressed prior to transfer: 1. To ensure that the residents are not financially saddled With a system that is not in compliance with the permit, the person who signs as the new permittee in the name of the HOA, must be a resident of the subdivsion, not associated with the developer or the company in any way. 2. At least 50% of the lots must be sold to or occupied by persons or entities not associated with the developer or the company in any way. 3. The stormwater controls must be inspected and determined to be in compliance with the current permit. If deficiencies are found, the permittee must restore the system to design condition. 4. The new permittee must sign an Operation and Maintenance plan. 5. The deed restrictions for subdivisions and outparcels must be recorded, and the Division must have a copy on file. 6. The designer's certification must be on file with the Division. The HOA must be financially able to take on the maintenance responsibility. A copy of the written maintenance records must be provided, as required by the permit. In reviewing the information submitted, I'find the following deficiencies: You have signed the transfer request as both the current permittee and the new applicant. Please have a resident of the subdivision as the duly elected or appointed president, not affiliated with you or your company in any way, sign the transfer of ownership request. Please provide the new applicant's street address. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper Mr. Hearne Stormwater Project No. SW8 961234 July 26,. 1999 2. There is no indication of the number of lots sold. Please provide the number of lots sold, and who they were sold to. The permit issued to you in July 1998, was for a 38 lot subdivision and a pool/clubhouse area. The recorded restrictions you sent in provide restrictions on the built -upon area for 40 lots, but do not address the pool/clubhouse. You have not revised the permit to reflect the 2 additional lots. 4. The written maintenance records have not been provided. 5. The maintenance plans for the pond and infiltration systems have not been signed in the name of the HOA. Please have a resident of the subdivision, as the duly elected or appointed president, sign the maintenance plans. Please provide a revised permit application, $420.00 application fee, revised calculations, and 2 sets of revised plans. If application is made in the name of the HOA and you sign it, it will not be accepted, for the reasons cited above. Application may be made in the name of the current permittee, Kure Beach Associates, or in the name of the HOA if a current resident, as president of the HOA , signs. Please submit the revised application by August 26, 1999, or you will be considered in violation of your permit, and subject to enforcement action, pursuant to NCGS 143-215.6A. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\961234.JUL cc: Linda Lewis Mark Hargrove, P.E. Central Files KURE DUNES HOMEOWNERS ASSOCIATION, INC. Post Office Box 22 Kure Beach, N.C. 28449 July 7, 1999 North Carolina Department of Environment and Natural Resources (L Division of Water Quality 127 Cardinal Drive Extention Wilmington, N.C. 284405 Attn: Linda Lewis Re: Kure Dunes Phase IV Dear Linda: As of June 16, 1999, Kure Beach Associates, transferred all common area's in Kure Dunes, to the newly formed Kure Dunes Homeowners Association, Inc. These area's included the retention pond and all private drainage area's outside the Town of Kure Beach's roadways. Please transfer the maintenance responsible from Joe Hearne, General Partner, Kure Beach Associates to The Kure Dunes Homeowners Association, Inc. Enclosed is the completed application. Sincerely, Joe Hearne President enclosures: E-mail address: JHEARNE42]@AOL.COM. .:!.'�„�.'�, LY / JUL 12 1999 3ooK rnct 'V �r99_APR_1.9_Af�-1 31 �' S 5 9 0 2 RECORDED k Y)jjQ OF INCORPORATION 99 0$7 5091 '+aRYs FILED J' 0�9�'`*t` MAR 01 1� 999. RE;ISTER OF DEEDS 0 OF EFFECTIVE - ELAINE F RS � SECRETARY OF STATE KURE DUNES HOMEOWNERS' ASSOCIATION, INC. NORTHUROLINA A NON-PROFIT CORPORATION In compliance with the requirements of Chapter 55A of the General Statutes of North Carolina, the undersigned resident of New Hanover County, North Carolina, who is of full age, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE I. Corporate Name. The name of the Corporation is KURE DUNES HOMEOWNERS' ASSOCIATION, Inc. hereinafter called the Corporation or the Association. v 0 9 0 9 7 ARTICLE II. Duration. The period of duration of the Corporation shall be perpetual. ARTICLE III. Registered Office and Agent. The principal and initial registered office of the Corporation is located at 637 Fort Fisher Blvd.. North. New Hanover County, Kure Beach, North Carolina 28449; and the name of the initial registered agent of the Corporation at such address is Joseph C. Hearne. ARTICLE IV. Corporate Purposes. This Corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for the maintenance, management, preservation and architectural control of that certain property known as KURE DUNES shown and described on the plats thereof recorded in plat book 29 at page 126; plat book 32 at page 263; plat book 35 at page 160; plat book 37 at page 175; and plat book 38 at page 261 in the Office of the Register of Deeds of New Hanover County, North Carolina, and any additions thereto which may be brought within the jurisdiction of the Corporation; and to promote the health, safety and welfare of the Lot Owners, and for these purposes: (A) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation set forth in that certain Declaration of Covenants, Conditions and Restrictions for KURE DUNES (the "Declaration"), which are recorded Retumed To J DVVh I" ?559 0238 in book 1451 at page 0511; book 1499 at page 0524; book 1614 at page 0816; book 1631 at page 1100; book 1635 at page 0182; book 1972 at page 0220; book 2253 at page 0332 and book_ at page _ in the Office of the Register of Deeds of New Hanover County, North Carolina, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length (all capitalized terms herein shall have the meaning defined in the Declaration); (B) To fix, levy, collect and enforce payment by any lawful means of all Assessments and other charges pursuant to the terms of the Declaration and ByLaws; to pay all office and other expenses incident to the conduct of the business of the Corporation, including all licenses, taxes or governmental charges levied or imposed against the property of the Corporation; (C) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; (D) To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (E) To dedicate, sell or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; (F) To participate in mergers and consolidations with other non-profit corporations organized for the same purposes; (G) To annex Additional Properties to the Development as provided in the Declaration; and (H) To have and to exercise any and all powers, rights and privileges which a corporation organized under the Non -Profit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise. ARTICLE V. Membership. Every person or entity who is a record Owner of a fee or undivided fee interest in any Lot, including contract sellers, shall be a Member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot. -2- :Ilu PAGE 1559 ARTICLE VI. 0239 Voting Rights. The Corporation shall have two classes of voting memberships: Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for .such Lot shall be exercised as they, among themselves, determine but in no event shall more than one vote be cast with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited. Class B. The Class B Member(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) When the total vote outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or .. (b) On December 31,2005; or (c) Upon the voluntary surrender of all Class B membership by the holder thereof. ARTICLE VII. Initial Board of Directors. There shall be three (3) Directors on the initial Board of Directors whose names and addresses are as follows and who shall serve until their successors are selected and qualified: Joseph C. Hearne John B. Harris, Jr. Britt Smith 411 Bradley Creek Point Rd. Wilmington, NC 28403 3343 Ridge Crest Court Raleigh, NC 27607 637 Fort Fisher Blvd., North Kure Beach, NC 28449 -3- BOOK PAGE ?559 0240 ARTICLE Vill. Incorporator. The name and address of the incorporator of this Corporation is: W. Talmage Jones P.O. Drawer 2178 Wilmington, NC 28402 ARTICLE IX. Dissolution of the Association. In the event of dissolution of the Association, the residual assets of the Association will be dedicated to a public body or conveyed to one or more organ►iations with purposes similar to those of the Association which are exempt as organizations described In Section 501(c)(3) of the Internal Revenue Code of 1986. ARTICLE X. Amendment. These Articles of Incorporation may be amended only upon the vote of not less than two-thirds (213) of the members of each class. ARTICLE XI. HUDNA Approval. If HUD or VA has approved the making, insuring or guaranteeing of loans within the Development, then annexation of Additional Property, mergers and consolidations, mortgaging of Common Areas, dissolution of the Association and Amendment of these Articles or the Corporation's Bylaws requires the prior approval of HUDNA so long as there is Class B members. IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of the State'of.North Carolina, I; the undersigned, being the Incorporator of this Corporation;,have,.executed these Articles of Incorporation this the 94T= day of W. Talmag Jone INCORPORATOR -4- BOOK 559 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PAGE 0241 This to c rtify that on thisci`l day of fL10L , 1999, before me, ' cJ '�✓9 a Notary Public, personal appeared W. Talmage Jones whb, I am satisfied is the person named in and who executed the foregoing Articles of Incorporation, and I having first made known to him the contents thereof, he did acknowledge that he signed and delivered the same as his voluntary act and deed ,for the uses and purposes therein expressed. IN TESTIMONYrHEREOF, I have hereunto set my hand and affixed my notarial seal, this the-Pq day of ebF0 t 1999. '8. Ah Notary Public My commission expires: *` (SEAL) : i IAOTgq` °Z sic AUuLIC TAAMY1MyMIMUMM%XUMDunec_AilMosollttcorp.wpd STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Annexed Certfcate(s) of Notary (Notaries) Public is/ are certified to to be correct, .s /day of�t9�/ ate Oot; gIs r of Deeds by D Puty/rtSs}Statrt—t� m sa -5- '99 APR 19 API 1131 500K PACE RECORDED & VERIFIED ? 5 j 0 2 9 2 !?t.RY SUE COTS BYLAWS OF iECISTER OF CEEDS IKURE'00NE79140MEOWNERS' ASSOCIATION, INC. ARTICLE 1. INTRODUCTION These are the Bylaws of KURE DUNES Homeowners' Association, Inc. Capitalized terms used herein shall have the meaning set out in the Declaration of Covenants, Conditions and Restrictions for KURE DUNES ALL PHASES (the "Declaration") unless otherwise defined in these Bylaws. ARTICLE 2. BOARD OF DIRECTORS Section 2.1. Number and Qualification: Developer Control. a. The administration of the Property and the Association shall be governed by a Board of Directors, consisting of not less than three nor more than seven persons, each of whom shall be Members of the Association. if any Lot is owned by a partnership or corporation, any officer, partner or employee of that Lot Owner shall be eligible to serve as a Director and shall be deemed to be a Lot Owner for the purposes of the preceding sentence. Directors shall be elected by the Lot Owners. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures for conducting the elections, not inconsistent with these Bylaws. b. After termination of the Developer control period provided for in the Declaration, the terms of at least one- third (1/3) of the Directors not appointed by the Declarant shall expire annually, as established in a resolution of the Lot Owners setting terms. c. At any time after Lot Owners, other than the Declarant, are entitled to elect a Director, the Association shall call and give not less than ten (10) nor more than fifty (50) days' notice of a meeting of the Lot Owners for this purpose. Such meeting may be called and the notice given by any Lot Owner if the Association fails to do so. Section 2.2. Powers and Duties. The Board of Directors may act in all instances on behalf of the Association, except as provided in the Declaration, its charter, these Bylaws or the laws of North Carolina. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association in accordance with its Charter, the Declaration and these Bylaws, which shall include, but not be limited to, the powers and duties to: a. Adopt, amend and enforce Bylaws and Rules and Regulations; b. Adopt and amend budgets for revenues, expenditures and reserves; C. Establish and collect Assessments from Lot Owners and Returned To "Jrg��e C—H4(_60, v1 perform all other acts and duties to be performed by the Association under the terms of the Declaration; d. Hire and discharge managing agents, employees and independent contractors; e. Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Declaration, Bylaws or Rules and Regulations in the Association's name on behalf of the Association or two or more Lot Owners on matters affecting the Property; f. Make contracts and incur liabilities, including borrowing money; g. Maintain, operate, repair, replace, improve and protect the Common Areas and any Limited Common Areas which are made the responsibility of the Association by the Declaration. h. Acquire, hold, encumber and convey in the Association's name any right, title or interest to real estate or personal property (the Declaration may require that the conveyance or encumbrance of Common Area be approved by the Lot Owners); i. Impose a reasonable charge for late payment of Assessments and, after Notice and Hearing, levy a reasonable fine for a violation of the Declaration, Bylaws or Rules and Regulations of the Association; j. Provide for the indemnification of the Association's officers and Board of 2— BOOK PAGE Dire&?s Sand marhtairt Directors and officers' liability insurance; k. Assign the Association's right to future income, including the right to receive Assessments; I. Purchase hazard and liability insurance; m. Exercise any other power that may be exercised in the state by a legal entity of the same type as the Association; n. Exercise any other power necessary and proper for the convenience and operation of the Association; and o. By resolution, establish committees of Directors, permanent and standing, to perform any of the above functions under specifically delegated administrative standards, as designated in the resolution establishing the committee. All committees must maintain and provide to the Board of Directors and Lot Owners records and written notice of their actions. Actions taken by a committee may be appealed to the Board of Directors by a Lot Owner within forty- five (45) days of publication of such notice, and such committee action must be ratified, modified or rejected by the Board of Directors at its next regular meeting. Section 2.3. Standard of Care. In the performance of their duties, the officers and members of the Board of Directors shall be deemed to stand in a fiduciary relationship to the Association BOOK PAGE and the Lot Owners and shall discharge their duties in good faith, and with that diligence and care which ordinarily prudent men would exercise under similar circumstances in like positions. Section 2.4. Removal of Directors. The Lot Owners, by a two-thirds (2/3rds) vote of all persons present and entitled to vote at any meeting of the Lot Owners at Which a quorum is present, may remove any Directorof the Board of Directorswith or without cause. Section 2.5, Vacancies. Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the Lot Owners, may be filled at a special meeting of the Board of Directors held for that purpose at any time after the occurrence of any such vacancy, even though the Directors present at such meeting may constitute less than a quorum, in the following manner: a. as to vacancies of Directors whom Lot Owners other than the Declarant elected, by a majority of the remaining such Directors constituting the Board of Directors; b. as to vacancies of Directors whom the Declarant has the right to appoint, by the Declarant. Section 2.6. Regular Meetings. The first regular meeting of the Board of Directors following each annual meeting of the Lot Owners shall be held within ten (10) days thereafter at such time and place as shall be fixed by the Lot Owners at the meeting at which such Board of 3— L5SJ 02'i4 Directors shall have been elected. No notice shall be necessary to the newly elected Directors in order to legally constitute such meeting, provided a majority of the Directors shall be present. The Board of Directors may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute such regular meetings, except such notice as may be required by the Declaration. Section 2.7. Special Meetings. Special meetings of the Board of Directors may be called by the President or by a majority of the Directors on at least three (3) business days' notice to each Director. The notice shall be hand - delivered or mailed and shall state the time, place and purpose of the meeting. Section 2.8. Meetings to Fix Annual Assessments and Special Assessments for Capital Improvements. Meetings of Members to fix Assessments may, upon giving of the required notice, be held at the annual meeting or at any special meeting of Lot Owners. Section 2.9. Location of Meetings. All meetings of the Board of Directors shall be held within New Hanover County, North Carolina. Section 2.10. Waiver of Notice. Any Director may waive notice of any meetings in writing. Attendance by a Director at any meeting of the Board of Directors shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required and any business may be transacted at such meeting. BOOK PAGE Section 2.11. Quorum of Directors. At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute the decision of the meeting. If, at any meeting, there shall be less than a quorum present, a majority of those Present may adjourn the meeting from time to time. At any adjourned meeting at which a quorum is present any business which may have been transacted at the meeting originally called may be transacted without further notice. Section 2.12. Compensation. Directors shall serve without compensation but may be reimbursed by the Association for necessary expenses actually incurred in connection with his or her duties. Section 2.13. Consent to Association Action. If all of the Directors or all of the committee members of a committee established for such purposes, as the case may be, severally or collectively consent in writing to any action taken or to be taken by the Association, such action shall be a valid Association action as though it had been authorized at a meeting of the Board of Directors or the committee, as the case may be. The Secretary shall file such consents with the minutes of the meetings of the Board of Directors. ARTICLE 3. LOT OWNERS 4— '559 0 2 ' 5 Section 3.1. Annual Meeting. Annual meetings of Lot Owners shall be held on the date specified in the notice of such meeting. At such meeting, the Directors shall be elected by ballot of the Lot Owners. The Lot Owners may transact other business at such meetings as may properly come before them. Section 3.2. Special Meetings. Special meetings of the Lot Owners may be called by the President, by a majority of the members of the Board of Directors, or by Lot Owners comprising forty percent (40%) of the votes in the Association. Section 3.3. Place of Meetings. Meetings of the Lot Owners shall be held at the Property, or may be adjourned to such suitable place in New Hanover County convenient to the Lot Owners as may be designated by the Board of Directors or the President. Section 3.4. Notice of Meetings. Except to the extent otherwise provided in the Declaration, not less than ten (10) nor more than fifty (50) days in advance of a meeting, the Secretary or other officer specified in the Bylaws shall cause notice to be hand -delivered or sent prepaid by United States mail to the mailing address designated in writing by the Lot Owner. No action shall be adopted at a meeting except as stated in,the notice. Section 3.5. Waiver of Notice. Any Lot Owner may, at any time, waive notice of any meeting of the Lot Owners in writing, and such waiver shall be deemed equivalent to the receipt of such notice. BOOK Fact Section 3.6. Adiournment of Meeting At any meeting of Lot Owners a majority of the Lot Owners who are present at such meeting, either in person or by proxy, may adjourn the meeting to another time. Section 3.7. Order of Business. The order of business at all meetings of the Lot Owners shall be as follows: a. Roll call; b. Proof of notice of meeting; C. Reading of minutes of preceding meeting; d. Reports; e. Establish number and term of members of the Board of Directors (if required and noticed); f. Election of Directors (when required); g. Ratification of budget (if required and noticed); h. Unfinished business; and i. New business. Section 3.8. Voting. a. If only one of several Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners are present, the vote allocated to the Lot may be cast only in accordance with the agreement of a majority in interest of the Owners. There is majority agreement if any one of 559 0246 the Owners cast the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. b. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. If a Lot is owned by more than one person, each Owner of the Lot may vote or register protest to the casting of a vote by the other Owners of the Lot through a duly executed proxy. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. c. The vote of a corporation or business trust may be cast by any officer of such corporation or business trust in the absence of express notice of the designation of a specific person by the board of directors or bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust owner is qualified so to vote. d. Votes allocated to a Lot owned by the Association may not be cast. Section 3.9. Quorum. Except as otherwise provided in these Bylaws, or in the Declaration, a majority of the Lot Owners within the Development must be 5— 900K PAGE present in person or by proxy at any meeting of Lot Owners in order to constitute a quorum at such meeting. The required quorum at a subsequent meeting called for lack of a quorum at the preceding meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 3.10. Majority Vote. The vote of a majority of the Lot Owners present in person or by proxy at a meeting at which a quorum shall be present shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration, these Bylaws, or the corporate laws of North Carolina. ARTICLE 4. OFFICERS Section 4.1. Designation. The principal offices of the Association shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer and Assistant Secretary, and such other officers as in its judgment may be necessary. The President and Vice President, but no other officers, need be Directors. Any two offices may be held by the same person, except the offices of President and Secretary. The office of Vice President may be held by the Treasurer. Section 4.2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of 2559 02`i7 each new Board of Directors and shall hold office at the pleasure of the Board of Directors. Section 4.3. Removal of Officers. Upon the affirmative vote of a majority of the Directors, any officer may be removed, either with or without cause, and his or her successor may be elected at any regular meeting of the Board of Directors, or at any special meeting of the Board of Directors called for that purpose. Section 4.4. President. The President shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Lot Owners and of the Board of Directors. He or she shall have all of the general powers and duties which are incident to the office of President of a non-profit corporation organized under the laws of the State of North Carolina, including but not limited to the power to appoint committees from among the Lot Owners from time to time as he or she may in his or her discretion decide is appropriate to assist in the conduct of the affairs of the Association. He or she may fulfill the role of Treasurer in the absence of the Treasurer. The President, as attested by the Secretary, may cause to be prepared and may execute amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. Section 4.5. Secretary. The Secretary shall keep the minutes of all meetings of the Lot Owners and the Board of Directors. He or she shall have charge of such books and papers as the Board of Directors may direct and he or she shall, in general, perform all the 1E BOOK PAGE duties incident to the office of Secretary of a non-profit corporation organized under the laws of the State of North Carolina. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. Section 4.6. Treasurer. 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 showing all receipts and disbursements, and for the preparation of all required financial data. He or she shall be responsible for the deposit of all monies and other valuable effects in such depositories as may from time to time be designated by the Board of Directors, and he or she shall, in general, perform all the duties incident to the office of Treasurer of a non-profit corporation organized under the laws of the State of North Carolina. He or she may endorse on behalf of the Association for collection only, checks, notes and other obligations, and shall deposit the same and all monies in the name of and to the credit of the Association in such banks as the Board of Directors may designate. He or she may have custody of and shall have the power to endorse for transfer on behalf of the Association, stock, securities orother investment instruments owned or controlled by the Association or as fiduciary for others. 7— _559 0248 Section 4.7. Agreements, Contracts, Deeds. Checks, etc. A I I agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by the President or Vice President of the Association or by such other person or persons as may be designated by the Board of Directors. Section 4.8. Compensation. No officer of the Association shall receive compensation for acting as such but may be reimbursed by the Association for necessary expenses actually incurred in connection with his or her duties. Section 4.9. Resale Certificates and Statements of Unpaid Assessments. The Treasurer, Assistant Treasurer, or a manager employed by the Association, or, in their absence, any officer having access to the books and records of the Association, may prepare, certify, and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing and statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Board. The Association may refuse to furnish resale certificates and statements of unpaid Assessments until the fee is paid. ARTICLE 5. ENFORCEMENT Section 5.1. Abatement and enioining of Violations by Lot Owners. The violation of any of the Rules and Regulations adopted by the Board of Directors, or the breach of any provision of the Declaration shall give the Board of Directors the right, after Notice and Hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws: a. to enter the Lot in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition (except for additions or alterations of a permanent nature that may exist therein) that is existing and creating a danger to the residents of Kure Dunes contrary to the intent and meaning of the provisions of the Declaration, and the Board of Directors .shall not thereby be deemed liable for any manner of trespass; or b. to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach. Section5.2. Fine for Violation. By resolution, following Notice and Hearing, the Board of Directors may levy a fine of up to $150 for violations of the Declaration or Rules and Regulations. ARTICLE 6. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Persona Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, M BOOK PAGE 2559 0249 whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; B. Special Assessments for Capital Improvements; C. Insurance Assessments; D. Ad Valorem Tax Assessments; and E. Working Capital Assessments. The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assess- ments are made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Purpose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Property and Additional Property and for the improvement and maintenance of the Common Areas and any Limited Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Areas, and any Limited Common Areas, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; paying dues and assessments to any organization or master association of which the Association is a member; and in addition, doing any other things necessary or desirable in the opinion of the Association to keep the Common Areas and Limited Common Areas in good operating order and repair. SECTION 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary. The amount of the Annual Assessment against each Lot for any given year shall be fixed at least 30 days in advance of the Annual Assessment period; provided, however, that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the SIM BOOK PAGE 'S59 0250 Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. SECTION4. Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas and any Limited Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting of Owners called for the purpose of approving Special Assessments shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the annual cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. Such assessment shall not be subject to the 5% limitation provided for Annual Assessments. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Areas, if any, shall be a common expense, and the Association may in any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay such ad valorem taxes in such year not included as a component of the Annual Assessment. Such assessment shall not be subject to the 5% limitation provided for Annual Assessments. SECTION 7. Uniform Rate of Assessment. The Assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. SECTION 8. Commencement of Assessments. Assessments for each Lot shall commence upon the date of the establishment of this Association or the date of acceptance by an Owner of a deed from Declarant whichever date shall last occur. SECTION 9. Effect Of Nonpayment of Assessments And 10— BOOK PAGE 2559 0251 Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non- use of the Common Area or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. SECTION 10. Subordination Of The Lien To Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE 7. INDEMNIFICATION The Directors and officers of the Association shall be entitled to indemnification as provided in Chapter 55A (the Non -Profit Corporation Act) of the North Carolina General Statutes, the BOOK PAGE provisions of which are incorporated herein by reference. ARTICLE 8. RECORDS Section 8.1. Records. The Association shall keep the following records: a. An account for each Lot which shall designate the name and address of each Lot Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Assessment, the dates on which each Assessment comes due, the amounts paid on the account, and the balance due. b. An account for each Lot Owner showing any other fees payable by the Lot Owner. C. A record of any capital expenditures approved by the Board of Directors. d. A record of the amount, and an accurate account of the current balance of any reserves for capital expenditures, replacement and emergency repairs, together with the amount of those portions of reserves designated by the Association for a specified project. e. Balance sheets and income and expense statements of the Association. f. The current operating budget. 11— '559 0252 g. A record of any unsatisfied judgments against the Association and the existence of any, pending suits in which the Association is a defendant. h. A record of insurance coverage provided for the benefit of Lot Owners and the Association. i. Tax returns for state and federal income taxation. j. Minutes of proceedings of Lot Owners, Directors, committees of Directors and waivers of notice. Section 8.2. Examination. All records maintained by the Association shall be available for examination and copying by any Lot Owner, or by any holder of a security interest in a Lot, or by any of their duly authorized agents or attorneys, at the expense of the person examining the records, during normal business hours and after reasonable notice. ARTICLE 9. MISCELLANEOUS Section 9.1. Notices. All notices shall be in writing. All notices to the Association or the Board of Directors shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to the residence address of any member of the Board of Directors. Except as otherwise provided, all notices to any Lot Owner shall be sent to his or her address as it appears in the records of the Association. All notices to mortgagees shall be sent by registered or certified mail to the 5 5 9 respective addresses, as designated by them from time to time, in writing, to the Association. All.notices shall be deemed to have been given when mailed except notices of changes of address which shall be deemed to have been given when received. Section 9.2. Fiscal Year. The Board of Directors shall establish the fiscal year of the Association. Section 9.3. Waiver. No restriction, condition, obligation, or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 9.4. Office. The principal office of the Association shall be on the Property or at such other place as the Board of Directors may from time to time designate. Section 9.5. Conflict. To the extent there is any conflict between the provisions of the Declaration and these Bylaws, the Declaration shall control. Section 9.6. Amendment. So long as there is Class B membership in the Corporation, the amendment of these Bylaws must be approved by HUDNA if either of those agencies have approved the making, insuring or guaranteeing of loans within the Development. 12— PAGE 0253 Section 9.7. Conflict. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. The foregoing Bylaws are certified to be the Bylaws adopted by consent of the Directors of KURE DUNES Hom wners' Association, Inc., dated 1999. KURE DUNES HOMEOWNERS' ASSOCIATION, INC. By:4/ Britt Smith Secretary T.VMY rnyF,W«twnesucmewrw._eA�wpe UNDERGROUND INFII,TRATION TRENCH MAINTENANCE REQUMMENTS Project Name: Phase IV, Kure Dunes Responsible Party: KURE DUNES HOWOMERS ASSOCIATION,. INC. (Pleare Type or pr&u clearly) Address: P•Q• Box 22, Kure Beach, NC 28449 Phone No. 910-458-4046 1. The trenches will be constructed in accordance with the approved stormwater plans and specifications, including traffic bearing -piping, and compacted void ratio verification. 2. Inlet catch basins and piping will be inspected monthly or after every runoff producing rainfall event, whichever comes first. The basins, grates, piping and bypass weirs will be cleared of accumulated trash. 3. Swales and vegetated fdters will be inspected monthly or after every runoff producing rainfall event, whichever occurs first. Eroded areas will be repaired before the next storm event. 4. The water level in the monitoring wells will be recorded once a month or after a 1" rainfall event, whichever comes first. Chronic high water table elevations (within V of the bottom of the system for a period of 3 months) must be reported to DWQ, 395-3900. 5. If the system is failing, as determined by DWQ, the system will be immediately repaired or replaced to original design specifications. Repair may include the necessity of removing existing pavement to reach the underlying trench. If the system cannot be repaired to function, other stormwater control devices, as allowed by NCAC 2H.1000, must be designed, approved and constructed. 6. Annual testing/cleaning of the system will be performed by an approved method. t By my signature below, I acknowledge that I am responsible for performing the maintenance as outlined above. KURE DUNES HO1GMRS ASSOCIATION, INC Signature: President Revised M5197 Date: 6-16-99 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality AL NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: 58961234 I. Permit Holder's name: lgigE BEACH ASSOCIATES 2. Permit's signing official's name and title: JOE ffNJIE GENERA. PARTNER (person legally responsible for permit) CTNERAL PARTNER (Title) 3. Mailing address 19 M.71ME State: NC Zip Code28449 Phone: 910-458-4046 FAX 9*458-9070 (Area Code and Number) (Area Code and Number) H. NEW OWNER/NAME INFORMATION This request is for: xxx a. Change in ownership of the property/company b. Name change of project or company. C. Other (please explain): New owner's name (name to be put on permit): KURE DUDS HpPECAU6 ASSOCIATION INC. New owner's signing official's name and title: pRESIDFNT KD HOA INC JOE lFMF PRESIDENT_ (Person legally responsible for permit) Mailing address: PRESIDENT (Title) City:KURE BEACH, NC State: NC Zip Code: 28449 Phone: 910-45804046 FAX 910-458-9070 (Area Code and Number) (Area Code and Number) K I PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: 1, JOE HEARNE , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if all required parts of this applicatiion are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: r% -16- `! Applicant's Certification: IXE HEARNE, PRES, 00 INC. , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signatu Date: e-A - 9197 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING fNFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extention Wilmington, NC 28405 ATTN: Linda Lewis BOOK PAGE 2591 0 9 G 0 ,99 AN 16 Aft 8 54 Rrr"Rnu- L VERIFIED ".RY SUE DOTS .. iFfl OF D'tEDS Co. NC Excise Tax —O Recording Time. Book and Page Tax Lot No. .... ..._.__... ....._._._.......,. Parcel Identifier No. .AQp'Ilocs -Col raoL.-0.-00'1 A,.._.. Verified by ...... __._..... County on the..... .......... day of ................ .... 19............ by. ......... .................__... .........__..... .. ..................... Mail titer recording to ..Kure Dunes Homeowners' _Association,.,.Inc................_......,.._.,.,....__,,......_................ dto ............................... 637 FortFisher Blvd... North... Kure Beach,. NC 28449. ....._.. .... �..`.�ttte W. Talmage Jones P.O. Drawer 2178 Wilmign[on NC 28402 1 \Mla instrument was prepared by '..__ ......... ...... .. ..... ...._... Brief description for the Index i Common Areas — u e NORTH CAROL] jh THIS DEED made this ...7. ... day of . l GRANTOR 0 0 0 0 0 2- A SPECIAL WARRANTY DEED ........, 19.99......., by and between KURE BEACH ASSOCIATES, a North Carolina General Partnership (See Certificate filed in Book 1305 at Page 1007 and First Astendment thereto filed in Book 13ll at Page 1816. both of the New Hanover County Registry). GRANTEE KURE DUNES HOMEOWNERS' ASSOCIATION, INC. Enter In sppropriale black ter each pals: same, adds ,sail, a aPFn,9-latx, eaareeter at entity, as grponapp ar parteandah. The designation Grantor and Grantep a eed herein shall Include said parties, their heirs, successors, and assigns, and shall include singular, plural, maseuFflim, feminine or neuter as required by context. WITNESSETN, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ....Kure Beach . ..................... Township, .. ... Hew—Hon9.ver...... ........ .... County, North Carolina and more particularly described as follows: See attached Exhibit "A", incorporated herein as if set out in full. n BOOK '591 PAGE 0961 The property hereinabove described was acquired by Grantor by instrument recorded in __Book_„ 1305„ at_„Page..1.608 and Book 1316_a t... Page_0574.. of..the.. New .Hanover —County _.Registry........... A map showing the above described properly is recut ded in flat Hook .._... 38 page 261 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. And the Grantor covenants with the Grantee. that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter staled. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 1999 ad valorem taxes; and all applicable restrictive covenants and utility easements of record. IN WITNESS wReaeory tie Granter a., hereunto set Me nand and real or it corporate, has caused this Instrument to be signed In m .base name by ua Italy a tn°rlaee oaken and m seal to he hereunto arn.ee by auhority of Its Roars or Directors, the day and year first (C .___________.______----------------------- _K__u__r_e___Be_a__c_h___A__s_so_c__i_a__t_e__s (SEAL) orpo[ale Hamel '� a z By: ------------------------------------------------------- ���- - e_ _________' . _ ------- (SEAL) _______.______President x _ Jot Cris, J rr.. ATTEST' U 6 By _ _____Sa_ _ __ __ - _ _ -------- __ISEAL) ___________________________________.___...._____----- W ear n n, �Pa the W ...... „aVIe111fIH1N SecretalCorponap leB ad`� RECV fQ'y�.__ ry.By ___ _ ______ __ _ _:_ ,tlr.C2 _______lasww 9 , Y NORTH CAROLINd, V� C Charles M. Winston, Partner a.B O`. ♦ ____v., Q _C... is. John B. Barris Jr NOTARY o I.. Notary public of the eoaner .fie sate .myna q certify that __.__--------__-- -_-- H nston tners fp are Beach -_ i • � • a z._Ha..Acthslr_Saoslmaa_and._�hacJ.ea_M.NS ---- --par_------ _r_ K_____------- m.nmr, P BIG " .......%iates a N.C. lJ�ne�.'al afar [ne��hipp for and in beha}I of said part mership u t •-' > pseafad before I I. v k..w a sae . tfov or in. ror.ro . instrument. w too. > re �'C•, '..... •• m vane and official stamp or .ea, thus _ say or _171 � _______.. Is- ......... -J ad P M> wmm6slon ez Im: _/ Z L (l._] - i •.���( •, •L: n.:O•r p (Gl / .. r___ .L4 L17 _ �/CY_4Y_ Notary Public BBAL-:TAMP NORTH CAROLINA, //___ ----------------- County. 1. it Nock, Public of Ind county and Stale aforesaid, certify that __________ , Peoan.nY came before me let. day sad acknowledged that ..._ be Is _ Secretary If B a -------- ..----___-_. .. a North c.rwma corporation, one that by .whealY ew> m p.en and is the act of MI r°rponllnn, the foregoing Instrument was signed in Its name by Ib W ereamanL move with it. corponle seat one .ogled ey _________sue ___-________________s..rmry. wiled.. my hand and official .tamp or seal, this ----- day of ... _--------------------- .15_____- MY commission eiPlns: Notary. -Public _Notary Public The foragoing carunineo) of -- r ^-'--- -- --- - - -------------- Not8ryr4Wi4---------------------------------- w.re .erMaul to be cmleel. This Instrument and this urunule .re duty registered at the date and time and in the Rook and Page shown on the ° he's MARY SUE DOTS NEW HANOVER -a __ ____ _ __ _______________ aetnareR oY Deepe Poa ____________________.__ courvrr Is_____---------- ------------- ...Deputy/A.MaY.t-Reguter of Rerd.. .N. f. bar 1a.nc. Form No o & 1977 -u.n w.,u.m. n a. i.`.. c,,. :�. •.u....,...0 c. ecru Exhibit "A" BOOK PAGE TRACT ONE: ' S 9 1 0 9 6 2 Being all of that tract of land labeled Detention Pond Tract as shown on Final Map Phase IV Kure Dunes as recorded in Map Book 38 Page 261 New Hanover County Registry. TRACT TWO: Being all of that tract of land labeled Club House Tract as shown on Final Map Phase IV Kure Dunes as recorded in Map Book 38 Page 261 New Hanover County Registry. 'R0CIA 66 - o6/-60cZ-0,96 TRACT THREE: BEGINNING at a point in the eastern right of way line of U.S. Highway #421 at the northwest corner of Tract A-1 as shown on a map of Kure Dunes, Phase 1, recorded in Map Book 29 at Page 126 of the New Hanover County Registry, runs thence South 69 deg. 30 min. 45 sec. East 183.67 feet to a point in the northeast corner of said Tract; runs thence South 23 deg. 44 min. 30 sec. West 10 feet; runs thence North 69 deg. 30 min. 45 sec. West 184 feet, more or less, to a point in the eastern right of way line of U.S. Highway #421; runs thence North 35 deg. 47 min. 45 sec: East with and along the eastern right of way line of U.S. Highway #421 to the point of BEGINNING. 7Z� 9 acsa -bol .. Ili -� T:VMY\MyFilo\d=\K cr[ Tre I,2&3.wpd r. - 1n 1 JI. r( t ••jy. f l r AlP' M1 1 � l r 1' STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS) O O O 19 �9 KURE DUNES I THIS DECLARATION made this the day of _ � k(UCC 1999, by KURE BEACH ASSOCIATES, a North Carolina General Partnership (see Certifi- cate filed in Book 1305 at Page 1007 and First Amendment thereto filed in Book 1311 at Page 1816 both of the,New Hanover County Registry) with an address of P. O. Box 19944, Raleigh, NC 27619, hereinafter called "Declarant"; W I T N E S S E T H WHEREAS, Declarant is the owner of that certain real property located in the Town of Kure Beach, New Hanover County, North Carolina, as set forth on that certain survey map or plat entitled: "KURE DUNES PHASE IV" hereinafter sometimes referred to as "map", which map or plat is recorded in Map Book 38 at Page 261 in the Office of the Register of Deeds of New Hanover County, North Carolina, said property being more particularly de- scribed on said map or plat. WHEREAS, it is the desire and intention of Declarant to sell the lots set out and described below and to impose upon those lots mutually, beneficial restrictions, conditions, easements, covenants and agreements under a general plan or scheme of improvements for the benefit of all said lands and the future owners of lands in KURE DUNES SUBDIVISION ALL PHASES; NOW, THEREFORE, Declarant hereby declares that Lots 1 through 40, KURE DUNES, PHASE IV, as the same are shown on Map Book 38 at Page 261 in the Office of the Register of Deeds of New'Hanover County, North Carolina, are held and shall be held, conveyed, hypothecated or encum- bered, leased, rented;.used, occupied, and improved subject to the following provisions, restrictions, conditions, easements, covenants and agreements all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the said real property and are established and agreed upon for the purpose of enhancing and protecting the value, desirability, and attractiveness of said real Retumed To J property and every part thereof,, and all of which shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the above named lots or any part thereof. 1. DEFINITIONS. As used in this Declaration of Restrictive Covenants, the following terms shall mean: (a) "Declarant" (sometimes referred to as the "Company" as used herein shall mean KURE BEACH ASSOCIATES, its successors and assigns. (b) "Record" or "Recording" refers to record or recording with the Register of Deeds of New Hanover County, North Carolina. (c) "Property" generally means the lands known as KURE DUNES, ALL PHASES, in the Town of Kure Beach, New Hanover County, North Carolina and described on Exhibit "A" to the Declaration for Phase I recorded in Book 1499 at Page 0524 of the New Hanover County Registry. (d) "Residential Lots".or "Lots" means lots specifically set forth above, to -wit: Lots 1 through 40 specifically allocated, platted, restricted and/or recorded as lots for sale and/or use as a single family residence. (e) "Association" shall mean the KURE DUNES .OWNERS' ASSOCIATION, INC., its successors and assigns. (f) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants. 2. APPLICABILITY. These Restrictions shall apply to all of Lots 1 through 40 as shown on the above referred to map of KURE DUNES, PHASE IV. 3. (a) RESERVATIONS. The Company reserves the right to change, alter or redesignate roads, utility and drainage facilities, and to change, alter or redesignate such other present and proposed amenities or facilities.as may, in the sole judgment of the Company, be necessary or desirable. Provided, however, no such changes shall adversely affect any lots already conveyed by the Declarant. (b) VARIANCES. The Company and/or the Architectural Committee appointed by the Company shall have power to and may allow adjustments of the conditions and restrictions herein in order to overcome practical difficulties and prevent unnecessary hardships in the application of the - Page 2 - regulations contained herein, provided, however, that such is done in conformity with the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustment of height, size and setback requirements may be granted hereunder. (c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall, bulkheading or other structure shall be erected, placed or altered on any residential lot, nor shall the grade or elevation or physical character- istics including, but not limited to, slopes, dunes, and tree growth, of any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, specifications, exterior colors and finish- es, including brick siding, etc., site and landscaping plans (showing the proposed location, height and orientation of such buildings or structure, drives, parking areas and proposed alterations to the grade, elevation or physical characteristics of the site), and construction schedule shall have been approved in writing by the Company. Refusal of approval of any such plans, locations or specifications may be based by the Company upon any grounds including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Company shall seem sufficient. Without the prior written consent of the Company, no changes or deviations in or from such plans or specifications as approved shall be made. No alteration in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Company. One (1) copy of all plans and related data shall be furnished the Company for its records. The Company shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans and specifications. (d) No more than the allowable built -upon area (sq.ft) of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. The allowable built -upon area for each of Lots 1 through 40 is set forth in - Page 3 - J subparagraph (e) below. This covenants is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore benefits and may be enforced by the State of North Carolina. This covenant is to run with the land and shall be binding on all parties and all persons under them. (e) Allowable Built -Upon Area Reauirement. Lot Number Allowable built -upon area (sa.ft) 1 4,046 2 3,444 3 3,181 4 3,443 5 3,409 6 4,019 7 3,538 8 3,188 9 3,439 10 3,320 11 3,951 12 4,595 13 5,408 14 6,795 15 3,404 16 3,318 17 4,112 18 4,293 19 4,583 20 4,099 21 5,461 22 3,910 23 3,286 24 4,147 25 3,882 - Page 4 - 26 4, 682 J 5 i; u 1 27 3,106 28 3,896 29 3,012 30 3,000 31 3,000 32 3,000 33 3,000 34 3,000 35 3,000 36 3,123 37 3,111 38 3,029 39 3,258 40 3,253 4. APPROVAL OF PLANS. (a) No house plans will be approved unless the proposed house will have the minimum required square footage of enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces,'decks, open porches, and like areas. The minimum enclosed - dwelling area shall be 1450 square feet. (b) KURE DUNES BUILDING SETBACK GUIDELINE REQUIREMENTS. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the Ocean, preservation of land contour, important trees and other vegetation, ecological and related considerations, variances for these specific setback guidelines are permitted under these Restrictions in Paragraph 3 (b) hereinabove. In order to assure, however, that the foregoing considerations are given maximum effect, the Company reserves the right to control and approve absolutely the site, - Page 5 - n 2 location, orientation and floor elevations of any house or dwelling or other structure upon any lot. Planting in areas outside the designated building site is limited to grass, flowers, and shrubs having a height of not more than 8 feet, unless approved by Declarant or Association. (c) The exterior of all houses and other structures must be completed within six (6) months after the construction of same shall be commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. (d) Service rooms, garages and shower facilities may be placed below the first living floor provided suitable screening is provided. (e) Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground receptacles or similar facility in accordance with reasonable standards established by the Company. (f) Subject to any other limitations imposed by the zoning ordinance of the Town of Kure Beach, no structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any residen- tial lot other than a detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, unless the Company approves in writing a structure of more than two and one-half (2-1/2)pursuant to Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part thereof, at any time situate on such residential lots shall be used as a professional office or charitable or religious institution, or for , business or manufacturing purposes, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment house thereon. In addition, no residence shall be converted to or marketed.under a time-share plan as defined by the General Statutes of North Carolina. (g) If the finished building or other structure does not comply with the approved plans and specifications, the Company retains the right - Page 6 - 0 to make the necessary changes at owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. 5. RESIDENTIAL USE. (a) All of the above described lots shall be used for residential purposes exclusively. (b) No trailer, tent, mobile home; or other structure of a tempo- rary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction. (c) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Company from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. 6. MAINTENANCE. (a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditions of buildings or grounds on such lot which shall tend to substantially decrease the beauty of KURE DUNES PHASE IV. (b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance.to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsight- ly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. . 7. ENTRY. The Company reserves for itself, its successors and assigns, and its agents the right to enter upon any residential lot, such entry to be made by personnel with tractors or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning - Page 7 - underbrush, hedges (to enforce height limitations), weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other dune work, which in the opinion of.the Company detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Company and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this Paragraph shall not be construed as an obligation on the part of the Company to undertake any of the forego- ing. 8. MISCELLANEOUS EASEMENTS. The Company reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of elec- tricity and telephone equipment, gas, sewer, water or public conveniences of utilities on, in or over the front twenty (20) feet of each lot and ten (10) feet along the side of corner lots as shown on the recorded plat. This easement and right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economic and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any assignee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service. 9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Company. However, the Company hereby expressly reserves to itself, its successors and assigns, the right to replat any two (2) or more lots set forth above in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not to be limited to, the 5?5 055 relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. 10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his or her lot, each lot purchaser agrees to become a member of the Kure Dunes Owners Association, a Homeowners Association to be formed to maintain and administer the common areas and amenities, if any, of Kure Dunes, all Phases, and agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions including those provisions with respect to payment of annual assessments. 11. COVENANTS RUN WITH THE LAND. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not be limited to, the successors and assigns, if any, of the Declarant, for a period of ten (10) years from the date hereof after which time all said covenants shall be automatical- ly extended for successive periods of ten (10) years, unless an instru- ment signed by a majority of the then owners of the above numbered lots has been recorded, agreeing to change said covenants in whole or in part. 12. VIOLATIONS. In the event of a violation or breach of any of these Restrictions by any lot owner, or agent of such owner, the Company or owners of any other property in KURE DUNES PHASE IV, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance with the terms hereof or to prevent a violation or breach. In addition to the foregoing, the Company shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions to enter upon the lot on which said violation exists and summarily abate or remove the same at the expense of the owner, if thirty (30) days after written notice of such violation it shall not have been corrected by the owner. Any such entry and abatement for removal shall not be deemed a trespass. The failure to enforce any right, reservations, restrictions, or condition contained in these Restrictions, however, long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach - Page 9 - ?525 f � • V � 0056 occurring prior or subsequent thereto and shall not bar or affect its enforcement. 13. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor in the recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any of the common lands or other grounds within KURE DUNES PHASE IV. 14. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building lot unless and until the size, location, design and type of material for said box or receptacle shall have been approved by the Declarant. 15. Exterior radio and television aerials for reception of commer- cial broadcasts shall not be permitted in KURE DUNES PHASE IV; and no other aerials (for example, without limitation, amateur short wave or ship to shore) shall be permitted in KURE DUNES PHASE IV without permis- sion of the Declarant as to design, appearance and location. 16. During construction all vehicles involved including those delivering supplies must enter the building lot on the driveway only as approved by the Declarant so as not to damage unnecessarily natural vegetation and dunes. During construction builder must procure a dumpster for trash disposal and keep the homes, garages, and building sites clean. All building debris, stumps, bushes, etc., must be removed from each building lot by builder as often as necessary to keep the house and lot attractive. Such debris will not be dumped in any area of the Subdivision. 17. No property owner will do or permit to be done any act upon his property which may be or is or may become a nuisance to any other property owner or resident. There shall be no discharging of firearms, guns or pistols, of any kind, caliber, type, or method of propulsion. 18.. No personal sign of any character shall be displayed upon any part of the property without the Declarant's prior approval, however under no circumstances shall a personal "for sale" sign be permitted on any vacant lot. The Declarant, however reserves the right to display its - Page 10 - 2 J J l U 5 I "for sale" or "for rent" signs without limitation for so long as it is involved in developing and marketing the KURE DUNES project. 19. No animals, birds, or fowl shall be kept or maintained on any part of the property except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use of purpose. 20. Clothesline shall be located as not to be visible from the street. 21. No trailers or habitable motor vehicles of any nature, boats or canoes on or off trailers, may be parked on any part of the property unless under the residence or inside an enclosed garage. These prohibi- tions.also apply to the common easement area. 22. No individual water supply system shall be permitted except a non -potable lawn irrigation system not connected to any building. A shallow well may be permitted for such water supply. The pump, pressure tank, and pump house, if any, shall be considered structures. 23. Each and every covenant and restriction contained herein shall be considered to be an independent and separate covenant and agreement, and in the event any one or more of said covenants or restrictions shall, for any reason, be held to be invalid, or unenforceable, all remaining covenants and restrictions shall nevertheless remain in full force and effect. 24. The Declarant may include in any contract or deed hereafter made any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restric- tions set forth herein. 25. If the Declarant shall transfer or assign the development of such Subdivision or if it shall be succeeded by another in the devel- opment of such Subdivision, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges, or authori- ties given the Declarant by any part or paragraph hereof. The foregoing provisions of this Paragraph shall be automatic, but the Declarant may execute such instrument as it shall desire.to evidence the vesting of the - Page 11 - ?525 ,U38 several rights, powers, privileges, and authorities in such transferee, assignee, or successor. 26. The covenants and restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Declarant shall .violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Declarant, or any person or persons owning property in KURE DUNES ALL PHASES, and damaged by said violation: (A) To prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restriction for the purpose of preventing such viola- tion, provided however, that the remedies in this Paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this Paragraph, enforcement of these covenants and restrictions may be by_the KURE DUNES PROPERTY OWNERS ASSOCIATION, INC. 27. And the said Declarant hereby covenants and agrees that every contract of sale or deed made by the Declarant wherein is described any of the above residential lots of said land, to -wit: Lots 1 through 40 shall include or be subject to, by reference or otherwise, to.each and every covenant and restriction herein written, or the substance thereof, and, subject to the reservation herein, the Declarant shall conform with and abide by the foregoing covenants as to all of said lots. 28.. The Declarant reserves for itself, its successors and/or assigns a 10 foot easement along the front of Lots 1 through 40 for the purpose of installing and maintaining utilities. - Page 12 - 525 C 59 IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed in its name by its Partners, all on the day and year first hereinabove written. KURE BEACH ASSOCIATES (SEAL) Z� JOHN )Ey. WRIS,AJR/, CHARLES M. WINSTON, Partner STATE OF NORTH CAROLINA COUNTY OF �.1j� PERSONALLY APPEARED before me, v ' ols , a Notary Public in and for the County of and State of North Carolina, JOHN B. HARRIS, JR. nd CHARLES M. WINSTON, PARTNERS OF KURE BEACH ASSOCIATES, a North Carolina General Partnership, who acknowledged the due execution of the foregoing instru- ment for the uses and purposes therein expressed for and in behalf of the Partnership. 'CGf�Z___ES$ my hand and notarial seal, this may of _ i/w�� , 1999. 10 Notary Public My commission expires: ODD ( SEAL) \jones\kuredune.dec - gls 2r 0060 _5 � STATE OF NORTH CAROLINA COUNTY OF WAKE PERSONALLY APPEARED before me, Karen Conroy, a Notary Public in and for the County of Wake and State of North Carolina, H. Arthur Sandman, Partner of Kure Beach Associates, a North Carolina General Partnership, who acknowledged the due execution of the foregoing instrument for the uses and purposes therein expressed for and in behalf of the Partnership. WITNESS my hand and notarial seal this 16th day of February, 1999. My Commission Expires: 6/22/03 Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing/ Mnexed,.QertificV(s) of Notary (Notaries) Public is/ are certified to be correct This the / 9 day ofIJ2,k 19641 Mary Sue Oots, /Register of Deeds byA..Litl� (JirLM��t / Deputy/^ -- '99 FEB 19 PM 3 51 R`,;CRpEp VERIFIED ,AAr-Y SUE OOTS F,-,;sTER OF DEEDS CO. NC 1RECE"E® JAN I q 199P WK DICKSON January 15, 1999 Ms. Linda Lewis N.C. Department of Environment, Engineers Health, and Natural Resources Planners Surveyors Division of Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Engineer's Certification Kure Dunes Phase IV New Hanover County DWQ Project No. SW 8 961234 Modification WK Dickson Project—No—W96TfT0 Dear Ms. Lewis: E/u&rr4.(07CaS CC-1 97 Enclosed please find one (1) copy of the Engineer's Certification for the referenced project. Sincerely yours, WK DICKSON & Co., Inc. Mark N. Hargrove, P.E. Encl: cc: Town of Kure Beach Kure Beach Associates 3177 Wrightsville Avenue Wilmington, North Carolina 28403 910.762.4200 Fax 910.762.4201 www.wkcfickson.com / Other Offices: Atlanta, GA Hickory. NC Asheville. NC Raleigh, NC Charlotte, NC Columbia, SC 9 i i I i I • i SLOOP POINTE LANE CERTIFICATE OF OWNERSHIP AND DEDICATION y\ I I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE OWNER(S) OF THE PROPERTY SHOWN AND DESCRIBED LOTS 55D 3 554 I HEREON, WHICH IS LOCATED IN THE SUBDIVISION REVISION OF LOTS 558. 562. 566, 570, 610,E 614 JURISDICTION OF THE TOWN OF KURE BEACH AND s THE KEYS AT KURE BEACH THAT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION MAP BOOK 35, PAGE 17 I r AND CERTIFY THAT IT IS WITH MY (OUR) FREE CONSENT, _ \ -0 ESTABLISH MINIMUM REQUIRED LOT SQUARE FOOTAGE, s� O BUILDING SETBACK LINES, AND DEDICATE ALL STREETS, \ \ I ALLEYS, WALKS, PARKS, AND OTHER SITES AND EASEMENTS TO PUBLIC OR PRIVATE USE AS NOTED. FURTHERMORE, I (WE) HEREBY DEDICATE ALL SNAITARY SEWER, STORM SEWER AND y S FI WATER LINES TO THE TOWN OF KURE BEACH. CENTERLINE \00, �0 mI /i•Ell. I /(uTtf A4tNC14 A�F tr•e/Ati CURVE DATA > i - FINAL PHASE R _ ; , I m /'y/ _ /,••?� - THE KEYS AT KURE BEACH TAN=68.6T ` m `5 I y m DATE IGNATURE OF OWNERS RAD=200.00 MAP BOOK 35, PAGE 103 Z' - 1 ' m 35I 7 q >EA 3 IF: in q 4 U m CERTIFICATE OF ACCURACY AND MAPPINGIPF S7g'03'SO'E S,DD•25.00 M27• S79'03'50•E Z � I, DAVID M. EDWARDS, CERTIFY THAT THIS PLAT WAS %,``% okk CARP T DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY •"_•"'•;� o ;r MADE UNDER MY SUPERVISION (DEED DESCRIPTION AS G V REVISION OF Fl AL SECTION 3-9 Q KURE BEACH VILLAGE A I I i NOTED); THAT THE BOUNDARIES NOT SURVEYED ARE - t / S $ CLEARLY INDICATED AS DRAWN FROM INFORMATION AS SEAL lj$ MAP BOOK �6, PAGE 321 I 3 / I 1 4 1 Old N NOTED; THAT THE RATIO OF PRECISION AS CALCULATED _ r L-39D1 (G 1 13 J IS 1:10,0001; AND THAT THIS PLAT WAS PREPARED IN ��Q �Ty ,O. I 1 I 2 I o I S��57`1 I �' ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS s L1;''OC SUR%0� 4z) z / ►ROB >/ I �I z MY ORIGINAL SIGNATURE, REGISTRATION AND SEAL ''.�70 ••'•••• PQ;�`� THIS 2/s . DAY OF ec b A.D., 19 98 . +,, M. ED`or - � R L MANNING JR. 1 � � 1tia� � g � � J DAVID M. EDWARDS, R.L.S. Z- - PO BOX 3984 REGISTRATION NO. L-3901 Q WILMINGTON, NC, 28406 �ey o b $ k \ 12 / -1 , 1 BOCA COURT I �' 1 { LL1 - �--- - ---- 15 J CERTIFICATE OF APPROVAL OF THE DESIGN AND ' / �\ ' N'' C 11 (iOUND>E INSTALLATION OF STREETS UTILITIES AND OTHER \ i n� `O \ i REQUIRED IMPROVEMENTS- CRAIG S GALBRAITH 31 \°. \ i 654 SLOOP POINTE LN i \° I HEREBY CERTIFY THAT ALL STREETS, UTILITIES, AND KURE BEACH, NC, 28449 < 16 \°'\ �j r OTHER REQUIRED IMPROVEMENTS HAVE BEEN. INSTALLED IN AN ACCEPTABLE MANNER AND ACCORDING TO TOWN < SPECIFICATIONS AND STANDARDS IN THE PHASE IV, 1O / KURE DUNES SUBDIVISION OR THAT GUARANTEES OF 1 8 \ �I \� `s�'�• \\ i THE INSTALLATION OF THE REQUIRED IMPROVEMENTS 7 \� \9�,\ / IN THE AMOUNT AND MANNER SATISFACTORY TO THE - I 6 17 �O i A \'+ T^ TOWN OF KURE BEACH HAS BEEN RECEIVED, AND THAT THE FILLING FEE FOR THIS PLAT, IN THE AMOUNT OF HAS BEEN PAID. I - - T 1- - 1- - GWORKS I PATSY T. STRINGER 't1� '� a I I I I PO BOX 32082 2das TOWN CLERK I ICHARLOTE, NC, 2823�22 \\ 18 I 40 I I 42 � , -� \ 8 i ( I I \\ i't� ' \ •i�� Q\ \ � 39 41 DETENTION POND \\ �14 � $S�, 1� I I TRACT < 19 1 10' SETBACK CURVE DATA CERTIFICATE OF APPROVAL FOR RECORDING I HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN HEREON HAS BEEN FOUND 70 COMPLY NTH 711E SUBDIVISION REGULATIONS OF THE TOWN OF KURE BEACH, HORIH CAROLINA, AND THAT THIS PLAT HAS BEEN APPROVED 13Y 1HE KURE BEACH TOWN COUNCIL FOR RECORDING IN THE OFFICE OF 111E REGISTER OF DEEDS OF NEW HANOVER COUNTY. -6ATE'__ __17REMR OF PUBLIC WORK�_ -6AfE__ -ROIL) INSPECTOR _IT TE__ _-CRAIWAN OF PLAN14ING AND ZONING/COMMISION -1TATE- ___MAYDI OF KURE BEACH NORTH CAROLINA NORTH CAROLINA -GATE- -----70WN ENGINEER CERTIFICATE OF REGISTRATIOJ BY REGISTER OF DEEDS STATE OF NORTH CAROLINA NEW HANOVER COUNTY FILED FOR REGISTRATION ON THE -DAY OF , 19-AT (AM\PM) AND DULY RECORDED IN MAP BOOK , AT PAGE_ G I, DAVID M. EDWARDS, CERTIFY THAT THIS PLAT IS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND WITHIN THE TOWN OF KURE BEACH THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. Ajk3Co<46=4W l iia DAVID M. EDWARDS, R.L.S. REGISTRATION NO. L-3901 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER COUNTY 1, REVIEW OFFICER OF NEW HANOVER COUNTY, CERTIFY THAT THIS MAP TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REVIEW UFMER- DATE w e BEACH I, CA ENGINEER CERTIFICA 4, jE $s �•,�`�ij•9 - - _-, I, MARK NICHOLAS IA P. A LILY REGISTERED PROFESSIONAL EN N S@ALST 1 0 NORTH CAROLING, HAVING BEEN AU1 ED . ERV 1B IODICALLY THE CONSTRUCTION OF JECT KUR ES PHASE IV, - - -- FOR KURE BEACH 1E THAT TO THE BEST OF MY ABILIII IGENCE WAS USED IN THE OBSERVATION QL i� ONSTRUCTED SUCH THAT THE CONSTRUCTIOfil VED TO BE BUILT WITHIN SUBSTANTIAL COMPLIANCE AND INTENT OF THE APPROVED PLANS AND SPECIFICATIONS. r N Itla/, �Z/z� J9 MARK NTCHO-CA G 0P.L. N.C. REGISTRATION NO. 19742 _ t TAN=300.00' \ m ao I �G > RAD71.24' 0' _ _ L=471.24' LAQUE CENTER FOR CORROSION TECHNOLOGY I _ - -" • \)a" y 1 f 1 Jy St�:�r* cw HANOVER COUNTY r LARGO WAY A / 1GG� - �' rey68 CH=424.28' S4204'17"E DEED BOCK 1244, PAGE ?27 '1 13� POINT TOWi.SH4r- _ J�. �t / FEDERAL _ I N ao.oe N791 15•w ao.00 �D. \\ 20 I I %- I G`0 / / / � I I I�S�"do. PF N57'04.17•W PF KURE BEACH CORP. LIMIT - - - - % 5' �e AR 1309" .21 _ - JOSEP 34 I 33R O1 1- -- - - -, �- - - - -I (- - - -�- � I I 3 � I � � r I 1 -.I + 5. � a-sa.24' ARc.as.ai 52.u_ � H � ANN S7o CH-61.55 ! 429 CO 1 I I = � I I I I I ---- r7 --- W o v �� I I (nPa I t` - sz-s r- 1.6T r 11 Ic I RE BEACH. NC,O21 I I I I 5' sETeAac t - 7 r KURE MAN I W I I I I I -- 7:&WE- R w I CLUB HOUSE I L I I I � _ 32 z I I L I I Na7rot17 wl !! 844g I I I J ,' l0 z I I ! I ►. I I 31 s 9< 24 23 °I 22 g l to' I I I V( I TRACT 1 7 1 6 5 I 4 ( 3 I I I p I a oN w I I 1 21 1 $ ti^ 20 1 iYP. I I 2 1 i 7 �Hry CLgU \ a? --- " a I I 19 I I oTBACIC I I I - -I- ---- 1 m Neo s4 zo w I I I I I I I I I I 1 1 I 25 sAryD DE1'p LEE I R I Y I I I 11 c21.7.as ----- -I L---J L----J L---J L---- J ! I 11 !: KURE BEACHMt4C. 28E ty L_ •- - - - - - - J L-ARc.�.ee $ I �' L - L _ _ 1 ! 1 ze44s \ I 1 S79TkT'42`E 10• UTILITY EASEYENT� L - 10' UTILITY SEMENT - - J 1 33 I Y 3`i3- 35THT sa33?d5 '- � o /�Ni1i1 2i WW - _��7S`�1 � L 120 30ET CH-02.77' 110,39' _ _ 60.ao' - 3Q. CN+62.38' -.I L / I CH-53.24' CH.45.95' - - CP 79'S6 41 E 16' CP S79'S6'41'E ARC"62.44 3 I '-MC"63.24•--+--ARCe45.95 RCP 37 E Z�j, _ �-- � 6 (7 w 24SRCP KURE DUNES LANE (PUBLIC) s�o42. ' D 4CHT 4, JACKI I ! N Z a¢ \ CURVE /4� - ss as ss ss ss-- ss ss - ss-- ss ss CUR OWE Na7• KURE NDMgryE FISHER 1 3R 1?p / -\ 46.00' 285.3�'- _�� ! 2 SA I 1 Cq �' N80'S6'3YW CURVE iJ N74111 9'S841 N79'S641-W "'�---..55��f'��?�8.x, BEACH NC,DRI� o I S7915'42 E la"RCP NBIT 6'3YW 1 N --ss_9 ARC�j6.42' \ ' 28449 M y \ 15' N N N N W N N N 70'42'00• MC-01.15' S0"SB'37h1 MC J9.63' McaSo.So' - - Nj50.60V•"W T - _00 ---�-N 6' --�� WT Y co \ I 34 29 25.63 CHe39.63 CHv'0.50 10. 50.00 S0. 50.00 3`O.Oo 50.00 40.82 I I I S79'OS'42"E s79. 50�31'L-T-� �0 1{ 41'W NBD 17 3ij�. - - o \'0' UTIU EASEAIENi �� ..80 �'_1 N� 2 C,g� f I I CH-01 {4' { _ _ _ _ z6.8��100 75 MCv3.b1 I I 1�1 -1 r---, MC.9-i-1 r---, I----, (-----) r{---1 ---, �ai�1a77T, Ae'auo. �1 Baer / 4+T\��"E� \ - - - - - -- - - - --1 1 I I'll I I I I N79 ai; Y11 I I I I I I I I I I I N76 so 51 w I I N �+ sJ ;?;, _ D J \ \�` r 30 ! \ IREVISION of FINAL SECTION 3-0 7I w g I, L W L 1 1 W 1 W � .1 - KURE BEACH VILLAGE 1 0 1 1 oNll 31 33 '1 F 1 d 33 h W 1 I LOT AREAS LOT SQ. FT ACREAGE! 1 9,505 0.22 2 5.741 0.13 3 5,301 0.12 4 5,739 0.13 5 3.651 0.13 6 6,599 0.15 7 5.897 M14 a 5.314 0.12 9 5.732 0.13 10 5.533 0.13 11 5.50 0.15 12 7,659 0.18 13 9,013 0.21 14 11,325 0.25 15 5.873 0.13 16 5,530 0.13 17 6,853 0.16 1a 7.135 0.16 19 7.6311 0.18 20 5.531 0.16 21 9.101 0.21 22 8.515 0.15 23 5.477 0.13 24 6,912 0.15 25 6.471 0.15 . 26 7.780 0.18 27 5.177 032 25 0.492 0.13 29 5,020 0.12 30 5.ODO 0.11 31 5.ODO 0.11 32 31000 0.11 33 5.000 0.11 34 5,000 0.11 35 5.000 0.11 - 36 5.205 0.12 37 alas 0.12 35 5,049 0.12 39 5.430 M12 40 5.423 0.12 CLUBHOUSE 2J.919 0.35 POND AREA 33.929 0.75 26 I R Nlut 3 R Ii 28 10 29 1 30 1 31 1 32 I I 34 I 35 10 36 1 37 38 I r Mcy �A MAP BOOK 36, PAGE 321 I i I � I 1 I� I I I I 19 1 2 I 19 19 1 1 39 Na7 4i'•i 8, - Q \ \ If 35 2e 0 I o a= g b I I I I I I I I I I I I I I I I I I h �---- T_� � a I i I� I I I I I I I I I I I I I I I I I I 11 1� � 40 [, a`°' I I r---+i�aTiLSQ19- ,o z 1f -----) L---J L - - - J L - - - J L---J L---J L - - - J L - - - J L - - - J s.so' -0,Q 60 1 < 29.64• -J L. 1 I I / 2 3j � V. �' ,Vb 2 - -. .. - x =O i I 25 25 1 r10QyL ..-6178.`SLSOJIL, N7936'N'W 37ssa• -� L _ I I / P m`" 2 / \/r(7Rt, 1 O z $ 25 I 1g I 1 KURE BEACH ASSOC. KURE BEACH ASSOC. N70.42'a0 _ J L / v Q+" rj - z 1 I =� a 27 I PO BOX 22 Ir 19o.00• - izJty / m 38 I N �I o x m I i; �i PO BOX 22 1 KURE BEACH, NC, 28449 A J m Q 5 N I I I I I a n \ \ KURE BEACH, NC, 28449 / I TOM k SHERIE GRAHAM \ 1 I I 1 / JAMES B. BERRY III J 106 MYRTLE WOOD COURT > a yoQ 3 <OIn I 1$ L - -J G \ 432 N FOURTH ST KURE BEACH, NC, 28449 G \ JJ / \ \ / Q W IPF L - _ / IPF - - r - IPF \ 66 65 4^ p 1.11` 5 - U IURE BEACH, NC, 28449 \ R {- I co x 76 f N84 W N793J 02 W KURE POBOX22 ASSOCSOC. \ / / ,z„ O 4D 4 ,CF • 0 8 \ Of I KURE BEACH, NC, 28449 89 I \ / sa I \ 47 C? o n OH`F Y J1 1 x 97 KURE FOBEACH BOX 22 ASSOC. \ 67 n a cGP H, KURE 6E BOX ASSOC. 1 \ \ I n \ \ O O / \ NC 644 �QQ 37 26 PC BOX 22 KURE BEACH, NC, I \ � \ I I KURE BEACH, NC, 28449 28449 / �/n LU O \ \ y W 0 \ \ rr-9!,/ \ 9 I \ \ / PHASE TH DU A I a. - - - - - F 96 1 1 88 I \ KURE DUNES / g a \ / \ FINAL MAP I I PHASE THREE B I \/ MAP BOOK 35, PAGE 160 \ 63 - I e j Y 4 / 3g / PHASE ( /� `, I 1 PHASE THREE B KURE DUNES 68 0 7 \ \/ \ \ I� L•I / 1 S E IV I I KURE DUNES 1 MAP BOOK 37, PAGE 175 W 1 Y m /\ SZ \ 38 ( 25 I I LMAP BOOK 37, PAGE 175rL W KURE DUNES TOWN OF KURE BEACH 50 FT R/W 87 I 69 �! sz - \FH,O \ s7 \ NEW HANOVER COUNTY, NORTH CAROLINA 11' 2' 24' O I 43 2' 11, OO ' \ \ / 0 25 50 100 200 \ 1/4" PER FT 1/4" PER FT t/2' PER FT SCALE: 1"=50' DECEMBER 16, 1998 i/2' PER FT SLOPES= 3:1 IPF0 IRON PIPE FOUND I \ SLOPES- 3:1 o CONCRETE MONUMENT FOUND CENTER LINE QENTER LINE CENTER LINE CENTER LINE CENTER LINE CENTER LINE SO \� 3177 WRIGHTSVILLE AVENUE 6" ABC k 1-1/2" 1-2 ■ CONCRETE MONUMENT SET CURVE #1 CURVE #2 CURVE #3 CURVE /4 CURVE #5 CURVE #6 \ / \ � WILMINGTON, NC 28403 MODIFIED VALLEY CURB ss SANITARY SEWER CURVE DATA CURVE DATA CURVE DATA CURVE DATA CURVE DATA CURVE DATA 0 SEWER MAN HOLE 1=1734'45" 1=19'14'41" 1=0'59'56" 1=01.50'55" 1=28'25'37" 1=29'18'28" NOTE: BUILDING SETBACK OWNERS: �K (910) 762-4200 N WATER TAN=50.00' TAN=24.26' TAN=50.00' TAN=50.00' TAN=65.00' TAN=80.00' THIS TRACT IS LOCATED IN FLOOD FRONT 20' KURE BEACH ASSOCIATES Engineers TYPICAL ROAD ZONE C ACCORDING TO F.E.M.A. FIRM MAP SIDE 5' P.O. BOX 22 DICKSON Raleigh, NC Asheville, NC z WATER VALVE RAD=323.37' RAD=300,00' RAD=5735.51' RAD=3098.97' RAD=256.62' RAD=305.94' KURE BEACH, N.C. 28449 Planners Columbia, SC. Charlotte, -NC`. a FIRE HYDRANT COMMUNI1986. EL NUMBER 37D170 0001 C REAR 10' N.T.S. L=ss.2r L=48.41' L=100.00' L=99.99' L=127.32' L=156.50' ISLE. (910) 45e-404e Surveyors Atlanta, GA Hickory, NC - I@ CATCH BASIN CH=98.83' CH=48.35' CH=100.00' CH=99.99' CH=126.02' CH=154.80' APRIL 2, 1986. y " 0 STORM MAN HOLE N61'54'38"W N75'19'21"W NBO.26'39"W N80'01'10"W N04.09'29"W NO3'43'04"W PROJECT NO. W9611.80 M-633 M zg�pI