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HomeMy WebLinkAboutSW8061001_Historical File_20210810Pusey, Steven From: Hall, Christine Sent: Tuesday, August 10, 2021 4.47 PM To: Pusey, Steven Cc: Sams, Dan Subject: RE: SW8 061001 Hammocks at Swansboro West Steve, As we discussed, the application to transfer the offsite permit should not be held up by compliance issues with the master permit (e.g. expired, transfer needed, maintenance issues). As long as the application at hand is complete and the requirements have been met, please process it. There is no reason to delay or even return an offsite application that is otherwise complete. This avoids adding steps to the process and bogging us down even more. For master permits that are out of compliance, you certainly can send the master permittee a separate notice of inspection or NOD (depending on the severity) alerting them to the issues and asking for them to be fixed. Christine Hall, PE Wilmington Regional Stonmwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hallancdenrxiov Address: 127 Cardinal Drive Ext. �,�+ Wilmington, NC 28405 "` Email correspondence to and from this address is subject to the North Cardin Public 4ecords Law and n:sy be disclosed `O third pat s. From: Pusey, Steven Sent: Tuesday, August 10, 20212:25 PM To: Hall, Christine <Christine. Ha ll@ncdenr.gov> Subject: RE: SW8 061001- Hammocks at Swansboro West Sorry I didn't have time to explain this more. This one is tricky. SW8 061001 is an offsite permit to a permit that is way out of compliance and is not functioning, permit SW8 130105, The Hammocks at Port Swainsboro Phase 2, owned by JEJ Investors. So, I think it would be best to follow up on that one. It needs renewal and a NOD for non-compliance. Once that permit is renewed and brought into compliance, then we can get back in touch with the HOA and get the offsite permit transferred. Or, maybe we could transfer it once the project is at least renewed. What are your thoughts cn that? Steve b' Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.puseyOpncdenr.gov gW Email correspondence t-- a;;I from t,hi-:Odress s subject to the North Carolina Public R, ccrds Caw and ::ay be disclosed to third parties. From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Tuesday, August 10, 2021 2:03 PM To: Pusey, Steven <steven.pusev@ncdenr.gov> Subject: SW8 061001- Hammocks at Swansboro West Steve, I don't agree with returning this transfer application signed by the current owners (the HOA) at this time. According to the last addinfo, you asked for the certification, an O&M signed by the new owners, and a schedule of compliance for maintaining the offsite pond. This third item is something we've talked about before and we cannot hold the offsite permittee/proposed permittee responsible for maintaining the pond they don't own. So in reality, you really just need a certification and a signed O&M to process the transfer. Since this is being permitted under (6), both of these can be handled with the schedule of compliance, which would allow the transfer to be issued. Their email to you today asks what they can do to move forward. Please email them back asking to either provide those two items or submit a schedule of compliance, which will allow you to proceed with the transfer. This should easy enough to resolve in the next week. Please advise if I am misunderstanding the situation. Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.halla-ricdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 E�. j Email correspoadance to ;end from this adu-'res, is subj-,ta+ to he 'North Carclina Public Records Law and may disckra ed to zhirc± parties. Pusey, Steven From: Pusey, Steven Sent: Tuesday, August 10, 2021 4:14 PM To: Hammocks HOA Subject: SW8 061001 The Hammocks at Port Swansboro / Request for Additional Information Importance: High Dear Mr. Karasick, Please consider the previous 2 emails and this one as our formal request for additional information. A response is required by August 30, 2021. If you require additional time, please let me know an approximate schedule when everything can be submitted. Thanks, Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.aov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. Pusey, Steven From: Pusey, Steven Sent: Tuesday, August 10, 2021 4:12 PM To: hammockshoa.board@gmail.com Subject: RE: [External] RE: Permit SW8 061001 The Hammocks at Port Swansboro / Request for Additional Information Attachments: 2020 07 email 061001.pdf Mr. Karasick, Thanks for your reply. Concerning the Operation & Maintenance (0&M) Agreement, please see the attached document, which shows correspondence from last year. Page 3 of this document shows a proposal from Pump Station Solutions of Swansboro, NC, with a description of what would be required for maintenance of the pump station. I hope this helps. Regards, f- P Steven G.Pusey Environmental Engineer li Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusex@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: hammockshoa.board@gmail.com <hammockshoa.board@gmail.com> Sent: Tuesday, August 10, 20213:57 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: RE: [External] RE: Permit SW8 061001 The Hammocks at Port Swansboro / Request for Additional Information CAUTION: External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thank you, I have already reached out to the Culliper Group, they don't have time in their schedule to assist at this time, waiting to hear back from Tidewater as we speak. As I make connections, I will keep you updated on our progress. Thank you! in HOA Board The Hammocks at Port Swansboro HammocksHOA.Board@gmail.com www.hammocksatportswansboro.com 252.424.0741 (text friendly) Dave Karasick - President Mark Marino - Vice President Cindi Ross — Treasurer / Secretary From: Pusey, Steven <steven.pusey@ncdenr.eov> Sent: Tuesday, August 10, 20213:50 PM To:.hammockshoa.board@gmail.com Subject: RE: [External] RE: Permit SW8 061001 The Hammocks at Port Swansboro / Request for Additional Information DMr. Karasick: 2 After discussion with the Stormwater Supervisor, Christine Hall, we can continue the review of your HOA's application to transfer the project. In our last request for additional information dated Nov. 6, 2020, we asked for the following deficiencies to be resolved: 1. Designer's certification must be submitted for this offsite permit. 2. An Operation & Maintenance Agreement needs to be created and signed by the HOA for this permit to ensure maintenance of the onsite pump station. 3. A schedule for compliance needs to be submitted by JEJ Investors, Inc. for the master permit SW8 130105. We can remove the third requirement above because that is out of your control. We will follow up with them separately on the master permit to get that into compliance. Therefore, you are only responsible for the first two items above (in red). Please contact a local civil engineering firm to help you get these documents completed. The Designer's Certification form can be found on the last page in the permit (see attached document). Concerning the Operation & Maintenance (O&M) Agreement, I will forward you some previous correspondence from last year, where I was working with John Hawkins to get an O&M Agreement drawn up. That should give you a head start on future discussion with a consulting engineer. In addition to those issues, we will need to get your name and signature on the transfer application form in the proper spaces; see pages 5 and 6 of the transfer application. Note that page 6 needs to be signed and notarized. Let me know if you need copies of any forms or other documents, or have any questions. Regards, Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov ppYOYililRiifiix�nlM AMsj Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: ha mmockshoa.board@smail.com <hammockshoa.board(@Rmail.com> Sent: Tuesday, August 10, 202110:38 AM To: Pusey, Steven <steven.pusev@ncdenr.eov> Cc:'Hammocks HOA' <hammockshoa.board email.com> Subject: [External] RE: Permit SW8 061001 The Hammocks at Port Swansboro IExternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Steve, Thank you for the email. When we took over the board last year, none of the other board members communicated any type of issues with the Permit and Pump project that was completed before we took office, and none of the previous board members ran for re-election. The vendor that they hired for 0 and M Inspections failed to show after the first visit, and we admittedly have lacked resolve to replace them. I understand that ignorance of the process is not an excuse. Of course we want to be sure all the details are in line and will do anything needed to get in compliance. Can you please give us some guidance on how to move forward? Is there someone we can hire who understands the requirements and can assist us moving forward? Any recommendations would be appreciated! Our mailing address is Hammocks at Port Swansboro HOA 18 Schooner Drive Swansboro NC 28584 My direct line is 757.771.5403 HOA Board The Hammocks at Port Swansboro HammocksHOA.BoardCu@gmaiI.com www.hammocksatportswansboro.com 252.424.0741 (text friendly) Dave Karasick - president Mark Marino - Vice President Cindi Ross — Treasurer / Secretary From: Pusey, Steven <steven.pusev@ncdenr.eov> Sent: Tuesday, August 10, 20219:14 AM To: Hammocks HOA <hammockshoa.board@email.com> Cc: John Hawkins <hawkins6ohn54@email.com> Subject: Permit SW8 061001 The Hammocks at Port Swansboro Attn.: Mr. David Karsick, HOA President Dear Mr. Karsick: Per the previous email from John Hawkins on July 30, 2021, 1 was told that you are the current HOA President of The Hammocks at Port Swansboro. Therefore, I am addressing this email to you on behalf of the HOA. It is imperative that you follow up later to get the subject permit transferred to the HOA because the previous permittee is no longer a valid entity. This permit is offsite to permit SW8 130105, owned by JEJ Property, the master permittee. First, we need to get that master permit SW8130105 into compliance. After that, we will revisit transferring this permit. In the meantime, I will be returning the previous application to transfer this permit. Please advise and/or confirm the current HOA address, phone number, and email address for future correspondence. Regards, Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov Email correspondence to and from this address is subject to the Pusey, Steven From: John Hawkins <hawkinsjohn54@gmail.com> Sent: Friday, July 30, 2021 2:07 PM To: Pusey, Steven Cc: Hammocks HOA Subject: [External] Re: Permit SW8 061001 The Hammocks at Port Swansboro CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Scram_ Steven, It is good to hear you. I am no longer on the HOA Board. Please send any future correspondence and information to the CC email address. David Karsick is the current HOA President. I know there was an Operation and Maintenance Agreement in place when I left the Board. I do not know what the current Board has in place. Thanks again for the email. Respectfully John Hawkins On Jul 30, 2021, at 10:10 AM, Pusey, Steven <steven.pusey@ncdenr.gov> wrote: John, It has been a while since we spoke about this project. The last correspondence that I have is our inspection: report submittal of Nov. 6. 2020. Previously, we had discussed an Operation and Maintenance Agreement for this offsite permit where the HOA is responsible for the pump system. I am going to work on creating a document that ,you can get signed and Notarized. i_et me knew if you have any ques fors or concerns. rRe ards, event. �. Y11s17 Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 0 tfic_e: 193 10) 796-7' 15 Direct 171i3; 796r733 i Erna]: steven,apusey@ncdenr. <iMage00"• PC> :: r ,. ",, den ce[,u'ridfirunf Misa(r.•;F'S "�- I i hl W7 ;f;b Pusey, Steven From: Pusey, Steven Sent: Friday, November 6, 2020 5:11 PM To: John Hawkins Subject: Permit SW8 061001 The Hammocks at Port Swansboro West Attachments: 2020 11 CEI_deficient_addinfo 061001.pdf-, 2020 11 CEI_BIMS 061001.pdf Dear Mr. Hawkins: In response to your request to transfer the subject permit to the Association, please reference the attached inspection report and letter, which is also considered to be a request for additional information on the transfer request. Let me know if you have any questions or concerns. I look forward to your earliest response. Regards, '!;�rW61V f. A41117 Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.Dusev@ncdenr.aov EQP _..i'C~ .. i';:. 'Q�r.'u_ _"f:•IOt /<ir; ....,. 3i;:r' `G i (:'C?!;:I.. .. ROY COOPER iAAWmr MICHAEL S. ILEGAN S,reury BRIAN WRENN DM: -tar November 6, 2020 NOR''k CAROL6 The Hammocks at Port Swansboro Owners Association ATTN: John Hawkins, HOA President 18 Schooner Drive Swansboro, NC 28584 Via Email. hawkinsjohn54@gmail.com Subject: Notice of Inspection — NOT Compliant / Request for Additional Information Hammocks at Port Swansboro West State Stormwater Management Permit No. SW8 061001- Offsite Onslow County Dear Mr. Hawkins: On October 23, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected the subject project, located at Schooner Road in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 061001 issued on October 27, 2006, and as modified thereafter. DEMLR file review and site inspection revealed that the site is NOT in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: A Designer's certification must be submitted for this offsite permit. An Operation and Maintenance Agreement needs to be signed by the HOA for this offsite permit, to ensure maintenance for the pump station on site. A schedule for compliance needs to be submitted for the offsite wet detention pond, reference SW8 130105. This to be completed by JEJ Investors, Inc. Please be advised that, as the permittee, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by November 27, 2020, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue a Notice of Violation. Please note that the requirements of this inspection must be met before the permit can be transferred to the HOA. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796- 7331 or via email at steven.pusey@ncdenr.gov. Sincerely, .5 c. day Steven G. Pusey Environmental Engineer II Enclosure: Compliance Inspection Report DES\sgp: \\\Stormwater\Permits & Projects\2006\061001 Offsite \2020 11 CEI_deficient addinfo 061001 cc: WiRO Stormwater Permit File N � �' g *iamb Carokina ciCp3T4 niR+RR 7r nvirm+c ntat Qu ti t?. vision cif Enef qv. MAmt and ignd Re,.mxxes P-E� ; kYNmingl0l�fifC�tidiFr�Ce 'r; t.xrdisral3rivexten�ara SR�rriturc�t Morph C��alinai3FQ New project - Hammocks at Port Swainsboro Pusey, Steven <steven.pusey@ncdenr.gov> P.,.�n 10/15,2V..0 5:43 ?hi To: Musial, Connor E <connor.musial@ncdenr.gov> I also put a new project in your office that needs an inspection soon. There are actually 2 permits, the main one (in for a transfer) is an offsite permit where the stormwater runoff is pumped to a wet detention pond on the master permit, so I need for you to inspect the master permit as well. Let me know if you have any questions. Steve Steven G. Pusey Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Deoartment of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: tes ven.p Lsey,(bncdenr.ggy DEC,�p Email correspondence to and ftont this address is subject to the Morrh Carolina Public Records Law and mati• be disclosed to third par des. Burd, Tina J From: Burd, Tina J Sent: Monday, August 17, 2020 1:56 PM To: hammocksHOA.board@gmaii.com; af23364@gmaii.com Subject: SW8 061001 - The Hammocks at Port Swansboro West Phase 1 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Transfer Application and $505.00 fee for the subject project on August 10, 2020. The project has been assigned to Steven Pusey and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email c r evondence to c:,.:: rlcr,< ; .- it subject f the r!'t`if?9 Public; Fec.` !.: aof , nia r,': discicserf to thir-d paftips. Transfer Application. Completeness Review Checklist -- Short Version Project Name: THE i-k m ,,w=, " y- 1�2T ZEsr 7 4As Permit#: SOF13 Oco llc�C�) ii Date Delivered to WIRO: 5//0ZZ q 2-F, BIMS Received/Accepted Date: A /" /o �2� Project County/Location: �-,ti S cam: 1 j ScJA AC-JavPb BIMS Acknowledged Date' Permit Expriation Date: Proposed Permittee Type & Documents Needed: Property Owner(s) ®Purchaser Lessee Viable? ®Viable? Viable? ®Deed ®Purchase Agmt ®Lease ®Not Subdivided: Deed Subdivision: Common Area Deed Current Permittee Signed Application? Y ' N If not. Dissolved/No Longer Owns Y / N Property/ Not Living Proposed Permittee Signed Application? N Paperwork If w/in 6 mo, stop - needs renewal UNLESS only new permittee is submitting El HOA Developer Viable? ®Viable? Election Minutes 050% Sold List (only if HOA doesn't sign) ®Common Area Deed in HOA's Name Deed Restrictions Recorded PE Certification �BUA/Lot Summary ®O&M (If HOA Signed Application) Application ee: $505 (within 6mo) Cbpc:k#(s): [ffDeed Restrictions, if subdivided: !KLJ Lfl�JS .� AF-T mF- (X)CO-J'.i (E57e1G7 MPE Certification Project Narrative Easements, Recorded (2017 Rules) F-10&M on File (unless nee,,, one from HOA) Electronic Copies NOTES: IEnter BIMS Acknowledged Date on this Sheet EMAILED ENGINEER DATE: REVIEWER NAME: S- %G G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 2020 0131 NC DFQ Division of Ener®yt Mineral and Land Ruources RECEIVED STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM AUG 10 2020 Pursuant to 15A NCffC 0 H.1045 end other aWtabit aMms as raeremc a within NCDEQ WILMINGTON RO Only complete apOvataims packages will be Llopopled and tovrowed. This 0brm and the reptarred items (wNh orrpinal sonatoms) most be seat $o tho appraprrate DEMLR Regional Office, which can be determined by lChcpting the pm)aa on the IntwWiva onlrrw milli of . -sj� * . A it> :;y n= uW, qji n qe, lvf 4 bar" q,,41-0ftil: e.N. Ater MIS appkCctWn so accepted, ®EMt.R Witt c WV0 a ftrokwo +ndpeaftft and a►opott any dettctanow to the current pemWse and/or the proposed permi#te. Per the state stommeter rt*s and the state stommeter permit condrtior►A the Perm# shall not be bwrralermd trntlt.- 1, the current permrtt a tomlhres all non-compliance mans IdentNted In tha; inspeow report; 2. the wmnt permittee negotiates a resolubon with the proposed pmmrttee (in wmtbV and suited by both aafn teas. The mpotioted msalution must I*n* the ne sary a cdons, the rtisponsible poity(Aw), and than 00o nes to correct the deft ioncies. The seta must a, dhor be found in compliance or a copy of the napohoted resolution must be submlited prior to the tronsfer of the pe mit ), or 3, In the case where s tran4faer falls unclar , 41-? r 4 (Sao also ZIL 2011.250), the prapased permotes roso"s oil non-o"phanco cs le M won a0wanng tlto paerl??tt. Signature requriremonts for the narmd signing Meet et (for currant and proposed peramttee) muq mM the Wowing. • Carporstion - a princ pal exaycutivaa offleor of at least the lovel of vke-prosldont. Iimsed Mobrkty Company (LLO) - the doMnsl ed rtt nspr; (Oa umentstlon (ram the NO Secretary of state or other otilcaaf►I docurrrentatian must be p.,orrdsd prat etatee 00 thiea arhd p0,sti1aras h&W by t0a person who signed the apphcatfon (pursuant to 02H 1040) that shows fty have legal auth"ity to stun for the up 0 Municipality a a ranking ofiVal or 441y maftdzed amplayea, tL Podtnership or limNed padnarshlp -• tt►a ewerol partner: o 80* propf1retor; s The 4gnature of the consultant or other agent shalt ba acceptod on this permit transfer application only it asc cnrtmpsniasd by a lottaar Of Aut1wrizathm "Wed by Ons of tho $lt)natodes noted In @.a abovo, as appli;eb►er. A. GENEPAL INFORMATION 1. State St+ormwater Permit Nurobor: S 8061001 +??'lt 1p ?ice 't "�F:?..3.. Is this an updated pmject name from tho corr st porrr t? [j Yea (^j No S. Reason for the permit tran0r mquaast: ds it? b+ ed to a vas e t HPA,_— P AUG1 2020 BY: April ;) 7 2�1 a R B. PERSON(S) WHO HAVE SIGNED THIS FORM (Tact Wkim rasporise below) 0 1. Both the outoorit o"d propcood parmidt o 2. Clnk? the current permlttee of a eondaminlium tar plamrtod cammurtlty ONP part F 44 G), in actordarrci with G S 14 -:!-214 Z G2; (s" also 8L 2011-266), this type or transfer is allowed only when i� of the fvllovWnp hems can be truthfully chocckvd, = l Any corrinio t areas rotated to the operation and rnaintondrive of the otormweter managrorntint eyste►tit have been conveyed to the unit own&W as$ooiation or owners' oseodation in tjocordanou with tho declaration: ["I The declerant ham conveyed at least fifty percent (50%) of the units or rote to owners other then rr doolarent (provido documentaflon poi raubmitiol roqulroments below); .:. a The storrowator munragarr ant gyotarrl ie In WMPROMO with thQ 6t0rMw VW permit. l O*V' : It oubdivlslon wuo built prior to 1 O, tho I odirant's Attorney can rnake a detorminatirrn that thy, o6rAtints of the Plertowd C;immunity Act (*iev §47E) heve been mart by thu iDeclarrant fbr the ,subdivltilon. IF the Datdorant chooses to um thin type of trenakr. the dotoriminstiarr mutt be in writing, storied by the adamey, rand submittod to JEMLP with thlo form. Drily tho propoved pormitteo (ship PQrf 0 bolow). In € ocordbace with A ?14 (s a1w SL. z013_121), this type of trransfur im aNvwvd Only when ,#j of the fa)owing storm* ven bd truthfully cltookod.' ® a, ii~a pni�to�adrrrtittee I�3tti tar (let lairs a1 tit ierripat%ir►g}: Lj Tho eucwssor-owner who holds title to fhrr property on which the permitted OcAvity Is occurring or will occur; C: The emcoowr owner who to tho Bala olalmo it of tho right to oneage In the 0orr"itted activity. b. 'rba current pormitteo is (seloct at least one of ate *following, but all suet apply): F l A natural parson whole docea d. A portnatrship. Limlied Liability Cvrporazlan, oorpora larn, or any other buoirleja association that has boon dissolved iC] A Poruon who hra!� been lawfully and'Anailyr divooted of We to the property on which the permitted activtty Is occurring or will our. A parson who luau sold the property on which the permitted activity is occurring or will our. Othor (please expluin): (� c. The proposod permittee agreao to the follovtt" raquiraments (all roust ba velacted): Lh<j There will l6 nd aubutantlal oharige In tho { rrnittod adilvity. [�l Tho permit holder shall comply with all terms and conditions of the permit until such time so the permit is trontagerre6 I ti� Tho successor -owner shall comply with all torrms and otwditione of the perrrtit orrce the permit has been transferred. AUG 10 2020 BY. 4;V111 "? "nl, C- SUBMITTAL REQUIREMENTS Tease mark "Y" to confirm the items we ftWed with this berm. Pbesermark "k" ifpmviou* provided. ff not applicable or not ava#abler, please mark A A.: 1. A processing fee of five hundred and five dollars ($W6.00) per g „S 143-215 8D[eXR1 Y 2. Two hoft Popic* (with original eignatt#o.%) and one olocimnic copy of this completed form and the required Items. 3. For propaaed pArmittr+t3s tret are oarporstkw or >^ Vo, doc urtiontoNan from Ow NC Secretary of State demonstrating that the propomW parmill" is a legal and viable entity able to c_x�nduot Woinerns in north Carolina, Y 4. if Part B. Items 9 or 3 of this form is selsoted, the signed and notarized ;4piAjcab1e OECM a 4reer7aenl from the pig per, an required by the permit. Y 6. legal documentation that the property has transferred to the propaaed permittee (such as a rowdad doW for the properbt, uncompletod 4avelopment +ar4or ootrmmon cress) or legal documentation demonstrating that the propowd permittee is tho sale dalrnent of the right to engage In the permitted activity. 6. If required by the permit and If the project has been built, a signed, sealed and dated certification claoument from a licensed Prof esional stating that the elarmwater managorngnt eryolom hss been Inepe&Ad and that It has been bulk and maintained In accordance with the approved plans. !( 7. A copy of tho retrwdod covenanto and daM ro4trialloma, It required by the permit, If the p►oleat hays bean built, documentation that the maximum alk wod per lot bulk -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner choll pmvMo a rsignod Nrooment to submit final r rde-4 dead reetrictlons and protective covenants. NA 8. If transferring under to a 143 2 . 7f (&e., part 8, item ? of thts A. k sakaccced), doaurrinntation rrerifll1% that or mom of the lots have been conveyed to Individuals (not bulidars). Copies o the ei�;4d* of conveyance or a chart Meting tho lot numba4r, lot addross, owner's name, conveyance data and deed gook and pans number are acceptable, 9. If tmnsforring under G 14.3-214 y(c§l (l,q., Part A item 3 of this ftmi is BoWtod), provide legal documentation supporting the -diW&tion of the corporation or documentation supporting the current pormittoo was iewUly and finally dlvmted of title of tho property, J,y 10, A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of tho pending Woo agroomont If tho proposod permI toe ie the purahecor, 12. A oapy of the development agreement if the proposed permittee Is the developer. r Iry AUG 10 2020 BY: Ek4 ri it„ (1 Ut D CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1 Current Permit Holder's Company Name/OrganLation: NA 2. Signing Official's Name: 3. Signing Official's Title: 4. Mailing Address* City, _ZIP: 5. street Address: City: State: _ZIP . 6 Phone: —Email. 1, , the current parmhtad, jam submitting this applie'ation for a trawivior of ovmorehip for the above IIdWd;btormwotve patmIt under the Gonoriol fttutta and $,&iaolon Law Identified on Page 11 of thin applll= tion, I harvby notify 051VILP of tho solo or ofnQr logel tranofor of tho propody/projQot and/or the otormwater uyetam wevociated with this permit. I havo provided a copy of the following docurnento to the proposod parmiftes named In this application form: (seWt 911 that 001Y) the most rocont pomix; -1 tho deulonaers cartifimtIon for ouch SM any r000rdod do&d rootvMlonb. 00vorlanta, wrrirrjon evono, drairlege otioamenta or plats; the Lapproved plane and/or approved us-bolit plans; tho appeoveJ opgration o6d mi4nionanot) agroom6rd. past mainterianco records from the provious pormittao (where e0quired); o copy of thro nio5t eoceint Inupwoliah r(9006; I turthof attest that this kipplicution and roqw&lt for a ;Mrnlli tr4rieke le tlawrotj and complete to thla 006t Of my knowledge. I attest that I have pmvWd all of the roquirW ltwfvs per than low to traoster this permit. I cifiderstend that if oil raqulrod parte of thlo requat;t rarb not cwVleted or It all r6quirod 6upportirig Information end ottachmoritr, lloto- d abdveo arts not Included, thle requwt p&ew(ago Wit be rmurriod ad Inooraplete I owlign all righte and obllgationY4 as parraittee to the proposed pe"ttee fierned Ioajow. I undeirstand that this} requesst to transfar the permit may not he upproved by the OF -MLR u"low end until the facility iw in compliinm with the pormll, sionotuea: Date: ei Notary Publid toi, the State of County of ,do hereby codify that pee-sonallyeippearesdbefore me this the -.day of_ 20­ , and ockhoWladoe tho dUb execution of the forgoing instrument. Witness my hand and official seal, {Notary Seal) Notary Signature: My commission expires -­Ln AUG t 2020 4­1 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittes Is the: ❑ Property owner (Also complete Part F.) Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ bosses - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement Is cancelled the permit reverts to the property owner. (Also complete Parts F & G) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-parmittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: HOA / POA / UOA name: The Hammocks at Port Swansboro West ❑ Sole Proprietor 3. Proposed permittes contract Information: Mease be sure to provide Email. a. Signing 9itiolal's Name: John Hawkins b. Signing Official's Title: HQA President c. Mailing Address: The Hammocks at Port Swansboro. P.O. Boa 761 City: Swansbgro ----—--State: „ NC„ —ZIP : 28584 d. Street Address: 1 a Sahoonsr ©r. City: Swansboro State: N._ZIP : 28584 a. Phone: (U) e70.4866 Email: HammooksHOA.BoaWJ2gmIjjI.00M 4. If there Is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Piaase be sure to provide Email. a. Management Company or Business name: Pump station Solutiorns b. Contact Name: Anthony FuJMJI Title: g106 c. Malling Address: 81 Plckett Way d. City: SwagsboLg _State: NQ- ZIP: ZA§BA e. Phone: (90) 507-6518 Email: W336491omail.com AUU i I BY_ Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, John Hawkins , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): the most recent permit; ❑ the designer's certification for each SCM; any recorded deed restrictions, covenants, common areas, drainage easements or plate; the approved plans and/or approved as -built plans; the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); [] a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project Into compliance upon receipt of the transferred permit. (his written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will (construct), operate and maintain the approved stormwater management system pursuant to the requ 4mee�nts list , in the ermit and in the operation and maintenance agreement. Signature: O ' "4 Date: ! z� I, /✓lam- l: SSa- hd (d:�E , a Notary Public for the State of I" Lra &a , County of Qh 6zg&J , do hereby certify that —Se)hr, lea w k.MS personally appeared before me this the day of , 20 `�U_ _, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, MELISSA �NDICOTT \Notary Public North Carolina Onslovy County Notary Signature —�- My commission expires -Z-abA 04 26,23 .. AUG 10 2020 F BY: Stormwater Permit Transfer Application Form Page 6 of 7 A,;ril 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Siff out this sact1w) only 0 the prupeo o► nor is diflh6rrant / the propps d parmifte. 'rho P'01mlt will reve"t to the property owner if the pmheso agreement, deK46prnant szp►oemerrt or lease expires or is terminated. Company Name/Organixaiion: 1 [6_. Signing Official's Printod Name: Signing Offielai's Title: Mailing Addrosa, City: Swte; --ZIP. - - —ZIP ; Rhone;,Email: 1, , hamby cartify that I currently own tho propotiy Identlfl•. d in this permit transfer document and acknowledge that the Proposed Permittee listed In Part IF will ba purchasing the propory, davoioping the prop" on my behalf, and/or leasing the property from Ma. A copy of the purchase agreement, development agreement car the lease agreement, wrttu:h names the patty reoponsible for the construction and/or operation and maintenance of the stormwater system. has been provided with the permit transfer requact, I agree to natify DEMLR within 30 days it there are any changes to the purchase, dovelopor or lease agreements and will submit Ow oppliotrbin c ornploted rind signre(f tom. (Init Into(mcition OpdAta Font%, or Permit TrmnrAik: Application Farm to acidrnas thetas changes. AA the Ingal propm#y ownor, I ac knowledga, undorstand, and agrea by my glgnature below, that the pormit will revert to me and i will be responaible for anlnplying with the DEMLR Storrnwotor permit if tho pron'ary peen ho'iu, I= a wr dovol:apor agroamora►.wo.roc: 43 cancelled av ciefbultcy, understand that any Individuol or entity found to I)e In nonomMliance with the provisions of the stormwater roonaporrient permit or the atomtwm* rtrloo, Is fw4RQt to anforopme 1t Action 00 se4 Sort.." In NC' Gonsrol Statute (N+COS)143, Article 21. Srgnaturo of tho property owner „ „ Data: a Notary rublic for tho St€etc of County of , do hereby certify that ��.r.._W_ ___ _..___.___ per ,pn;aily i:if►t3oi?! d b'ror(! rile, (Ills tho,, . dqy of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and offlclal seat, (Notary Seat) Notary Signatura__ My commission expires Jt_ � wr !) AUG 10 2o20 BY_ F;4, _, 7 . l l: Ao9 i Ot $Q748�QCS T+�pe; GAP Recor td; asIoa/Zo14 !t Mj1:$ la PM Fae Apt: >p2E,80 Rago 1 of S on ow County No RebecoaLL�._P9116^ci Reg. of 06#4 :s�:4 1 [[V 7 Po659`66 / BY-LAWS THE I1AMM®CKS AT i'ORT SWANS130RO OWNUM ASSOCIATION (A Not -For -Profit Corporation) ARTICLE S , 0i: C i 'r5 AUG 10 2020 �I BY 'Flic principal office of the Corporation shall be ►ocated in 011siow C:ouaiy, Norti, Carolion. The Corporation titay also "naintain offices 11 such other plans within or %y4hoot tho State as tile Board o f Directors may, From tinic to t i ine, determine. A911i"U' I - MEMBER I. (a) The persons signingdxC'whicate ofIncorpocation as Incorporators shall be the first nionibers of tltc C;orpoiation, unless they shall ]wive resigned iis such members Or finless membership shall otherwise have b:en terminated. Thereafter, the eligibility and qualifications lbr membership, atvi the manner of and admisii«n in o inembuslup shall he proscrihed by resolutions duly adopted by the Board of Directors of the Corporation or by :stich rules ind regulations as may be pr-scribed by the Board of DirMors. All such resolutions nr rules and regulations Mating to members adopted by the, Board of Direciof5 of the Corporation shall be afnxed to ih.- By -].arms of the Corporation, and shall be deemed to be ,, par, thereof. Such resolutions or r u e s a n d raf;ul;ytiuus adopted by tttc Board c z Directors may pra;scribc. With respect to al jim'nbers, the I amount and manner of imposing and collecting any initiation t`L�;�, tutus or alter fees, asscssnleihts, fines and penalties, the numner of SLtSIMIS1011 tat' WIllinali011 oflilCtiht l l'tillip, iilld for rein%talenleilt of membership, and, excopt as may hereinafter otherwise be provided, the rights, liabilities and gather incidents of mcmbersflip, 0!, 't be rltgllt or iltte'r'm of a member SE1111 happelli.ng of ally of'tile following events: death, resignation, expulsion, dissolution of 01, the Corpontioi , 2, Ea} "i'lie Amillial M#eetiitg, of Members of the Corporation shall be held on such date or dates as shall be fixed frutll timo to time by the Huard of f fircctors of the Corporatiotl. The First Annual Meeting shall 'cc held oil a date witiliil twelve mouths after the fbi-oration of the Corportition. Deli succcssive Annual Meeting shall lac field on a datc not More than tivelve months f'ollovviag tilt' preceding t'leiltttitlf Mtetilig. Special l leetings elf inembers may be held Egli such ;laic s fa:s may twt fixed by tite Boam orDirectors of the i:.'< vporaflkon iron time e to time and by tile members ou such ditto; m dues as shall be lac muted by law, >1 01, Sficcial Meeting ol' Members may be held al itich place withill or Without the Stater as !h Board ul, Dirwors of the Corporation may firo it lime to time fix. frt }w event the 1101i'd orDirectols silull fail 10 fix atle;ll pl4 m or tulle, of in the event nlembel., SirL (,. ;.i•i� to call tar Convene a 11 etiva in accordattet- with late, then, in such eveni, such Shall tic held at the lmiiacila€tl oaf"ilex pC tltc C;E�>'portstatit), (c } Annual or Speciai ivlectitivy of i4 oiihers may W called by ,r t: Board of Dii-Mors or by ,,lily ofticet of the Corporation instructed to dot so by tine Board ul Directors, except to the Went that directors may be required by law to call a mee ingf and shall hrc called by the Scuelarg' on behalf of"the members, when required to do so by law. (l} Writtitm noti .e suiting the pike, day aild hour oi'thc meeting ;hall be gi vell for all meetitigs. Such notice shall suite tilt "Icysoll or im"moi"y tailing tl e tnvetng. olice fbi' a.,,l Am mil >' keting rllatt state that tile: me-ou ag is being called for tits clection of dint o s and fur 01V transuction of such other business a s nlay properly come Wore tile: tllc :tiilg. Notices o f Special Nlecting shall state the purpose or purposes for which the meeting i5 called, A t any Special Meeting, only tilt business stated in the Notice of Meeting may be transaoted thereat. notice of Meeting shall be given either personally or by first class mail not less thatl 10 days nor move than 50 days bofclrc tight date of file meeting, to each nhctubv at leis address ucortied oil the records of the Corporation Ili• at such other address which the member may have iurnished in writing to tilt: ..Y,aat •t.', �1, .4.ec "...It. _'1. ',mll l'z. ;'V';L 1 C6 Gt.] 1 ".... 1'u i.:it 't'Afj 't lltyil 6rP"MIC6 •6 4 postage pigmid in a post office or other official depository un&-r the exclusive jurisdiction of the united Buttes Post office, Any tattling of members may be adjourned front time to tine, lit such event, i i shall not be necessary to provide Further notice of the time and place of the adjourned meeting if announce111e11t ofdw tulle and plue~ of IN; adljourned meeting is given at the meeting so adjourl'9 d. in the evcnj. tii: ! 0ard of Diructors € ::: >. 7 new record date for an mli ourned ltt' %Aillg; 2 a new notice shall be given, in the same manner as herein provided, No notice need be given ;o any member who executes and delivers a Waiver of Notice before or after the meeting. The attendance of a member in person or by proxy at the meeting without protesting the lack of not ic: of a meeting, shall constitute a waiver of notice by such member, Any notice of meeting to members relating, to the election of directors, shall set forth any €tmendntents to the By -Laws of the Corporation adopted by the Board of Directors, together with a concise statement of the ch"Altges made. (e) At every meeting of members, there shall be presented a list or record of members is of the record date, certified by the office responsible for its preparations, and upon regttcst therefore, any member who has given written notice to the Corporation, which request shall be made at least 10 days prior to such tllecting, Shall have the right to inspect such list or record at the meeting. Such fist shall be evidence of the tight of the persons to vote at such meeting, and all persons who appear on such list or record to be inanrbers may vote at such aweting, 3. At each Annual Meeting of Members, the Board of Dircctms shall present an Annual Report, Such report shall be filed with the records of the Corporation and entered in the minutes of the proceedings of such Annual Meeting of Mernbcrs. 4. (a) Meetings of Il,c members shall be presided over by the following officers, in order of'sertiority- the C:hahtnan of the board, Vice Chairnnan of the Board, President, Executive Vice -President, Vice -President or, if none of the foregoing is in office orpresent at the meeting, by a Chairman to be Chosen by a majority of the members in attendattcc. The Secretary or an Assistant Secretary of the Corporation shall act as Secretary of every meeting. When neither the Secretary vlor an Assistant Secretary is available, the Chairman ilia) appoint a Secretary of the meeting. (b) The order of business at all meetings ofinernbers shall be as follows Roll call. Reading of the minutes of the preceding mecting. ire� port ofstanding committees. OwIcers' reports. Old bushiess. New business. S. Every ntcnlber may atttllorize allother person t❑ act for him by proxy in all matters in ;which a member may participate, inclluiing waiving notice of any meeting, voting or participating in a meeting, or expressing cottserlt or dissent without a nmectillg. Every proxy shall 4;'A s my 4!! Aux �, ar,ki 41,41 !:j•� x 'MIa" 9 al ',ld tfi ijslif �, :tie member executing it, except as otherwise provided by law. Except as otherwise provided by law, no proxy shall be valid after the expiration of eleven months from its date, 6, The directors may, but need not, appoint anc ar Mow icnsptictors to act at any meeting or any adjournment thereof. If inspectors are not appointed, the presiding officer of the meeting may, but need not, appoint inspectors, Each appointed inspec for shall take and sign an 0.1111 faithfully to execute theduties ofinslx:etor with strict impartiality and, a' �ccliAng to the best of his ability. The inspectors sliall determine tits ntiinber of incmherships akitstanding, the voting power of each, the number of memberships repro;sa'iited tit thc: ineeiing, the existence ofat cl►torum, and the validity and effect of proxies. The inspectors shall receive votes, balims orconsents, heat and determine -all challertt4­5 and tlttestinttis'at'Ei;inghicotiiiectir it'With titerghtto vo e, count wtd (abulate all votes, ballots or consents, determine the result and do such acts, as a:rc proper to conduct the election or vote of A members. The inspectors shall nn�_VJ, at report in writing of oil inatters ci t.::iitittcd by thent wM respect to such meeting. 1, Except as pmwided by low, the members entitled to cirst a nt,iJority 01~ the IOW number of votes entitled to be coo, aE the meeting, shall constitute; a quenim at a meeting of mcmbprs for the transaction of any busin,Uss. The members present may adjoutii the: meeting despite the absence of a quorum. l aach mewbarShip Shall entitle the holder thereof to one Vote. Ill the election of directors, 1 plurality of the votes cast shall elect, Rxcept to the' ownt provided by law, all ollior "action shall be by a majority of the votes cast, provided that the m a i t r i t y of (lie affirmative voics cast shall be; at icasi, equal to a quorton. Whenever the ofc of membe:s is r,Q-(ju ;Qd ctr Perrttittad, such action may be t« kon without c meeting o t !lie written consent setting forth the atctioa taken sighed by all the members entitled tit vote. S. The Board ol: I'Areclors of the Corporation shall fix a record elate for the purpose or dt{ tertniriing members entitled to notice or to vctic, to express consent or dissr-nt ;i•om any proposal without a inciting, to determine nienilters on itled to receive distributions or whotment of rights, or forany either proper purpose. Such recicird date shall not be tt ort: than 30 clays nor bass than iticlays prior to the date of such mooing ot• consent or the date on which, any distribution, or allotment ofl,ights, as the case may be; is to hie nisade. Inthe evwit no record date is fixed, the 11cc;urd daw foe the determination rat"meiulacr cntitlGil to voic atat intming of members:sha ll ticthe close of business on th,+ (lay next pre:ceditig the day on %vhich tiolicc is given, or, if no itutice is given, the day un which the meeting, is held. The record date for clt:ternniitirtg iitembcrs fear ally purpcoic outer than that specified in the preceding se:ivcacc shall 1w the chase of busia ass oii tl'tc day ran which tit.- rmsoltitiotl of directors relating thereto is Lidoptcd, Establishment of rccoaxi date shall appiy to an; adjournment of any mectia g, unless i new + e- k+r t (late is fixed by (lie Board of Directors for such wcjourned meeting. 9. The Board of Directors may, caysc to ba > ii£=,' certificates, -ones Oe other instrtnatcitt:i penn'titeci by law evidencing membership in the Corporation. Such inembt:rship certificate, card or rather iiisaiwiertt shall be non -transferable, and a statement in thtm eMcr �411 ba 110j'ft #'krl 't:. nA,?'Yl tt n.lYA Rf F'ri rr e• fulir a:l. ist(!u.f.,y. .h,( w.{: .:k. 'C. instruments, if issued, sha I 1 bear the signatures or facsimile signatures of kin raificcr or officers designated by the roared of Directors and may Bear the seat of the Corporation or a facsimile then- f 14. In the event any capital contribution slrall be made or accepted parsuant to authoriaation conferred by the Certificate 4, Incorporation of the Corporation, c°iach ceoif caate evidencing such capital contribution shaft conforin to the law of the State of Incorporation. I. The 'orporatiorr shall ho-nianaged by a Board of Directors. i aiAi director be at least 18ye ars ofQge, and shall be a member of the Corporation during his directorship. Tire initial Board (if Directors shall consist of persons. T It e r e a ft a r, the number of directors constituting the entire Board shall he no Ioss titan three. Subject to the foregoing, the number of Beard of Directors may be fixed from tittle to t'tnte by nction of tlic nienibers or of the Dircetors. 'fire number orDirectors may be increased or decreased by action of demembers or the Board (if Directors, provided (tint any action by dvBoard of Directors to effect such hicrcase or decreasc shall require the vote of majority of the entire l3nard of Directors. No decrease shall shorten fie ferni of any dirwor then ioofl ice. 2. The first Board of Directors shall consist of these pecsons elected by the Incorpomtors or nailed as the initial Board o t' Directors in the Certificitte of'Incerporation of the Corporation, and they shall hold office until the first Animal Meeting of Members, and tuitil their successors bavc bccii duly elected and qualify. Thcreafter, at cacti Annual Meeting of Members, the membership shall elect directors to hold office until the next Annual meeting. Fach director Shall hold of`ficn until the expiration of file (erm lbr which lie cures elected, and until iris siiec essor has been duly elected and qualified, or until his prior resignation or removal as hereinafter provided. 3. (Fl) Any or all of the mcra liv.'s of till: board «f Directors may be removed with or without cause by vote of the inembers of the: Corporation. The Hoard of Directors may remove any director (hct-cof for cause only, (b) A director may resign at any time by giving written notice to alit Boa €l of Dircclurs or to an officer of the Cocacratinn. Unless otherwise specified in tine noti c, the resignation shall cake effect upon recel rt thereof by the Board of Diiectom or such officer. Acc:cptauce of such resigoRttion shall riot ho nec-%sIry to brake it eFtcctivc. 4. Newly -created directorships orvacancies in the Board of Directors may be filled by a vote or majority of thu Hoard of Directoti then in office, although less than a quorum, unless otherwise provided in the Certificate or Incorporation of the Corporation. Vacancies occurring by reason of the rerttervol of dirwors Witliout cause shall be tilled by a vote or [lie members. A rlirectf r nit'rted to rill a vacancy effused try resignation, death; or removal shall be elected iva hold 4'..tit`3��a1 5. (a) A regular Annual Meeting of the Board of shall be held immediately following (lie Annual Mecting of tvlemburs. All other mce(hig` shall be held at stieli :!od place as sltall be fixed by the Board of Directors from lime to tittle, (b) No nolice shall be required for regular meetings of the Boai- l of Directors for which file time and place Gave been fixed, Special meelings may be called by or at tllc direction fn the Chairman of the Board, the President, or by a Iuajority of the directors then ill office. (c) Written, oral, ur any other method of notice of the time and plaice Shall tc,- given for special meetings oftlte Board of Directors insufficient time for tine convenient assembly of the Board of Directors.11. notice of arty meeting need not specify (lie purpose of such meeting. Tilt; requirement for rumishing notice of a electing may be valved by any director wiw sighs a Waiver of Notice lie fom or nt?cr the [1leetillg or who attcnds the Inceting Without protesting the Jack of notice to hunt. 6. except to the extent 1wre4ilt or in the Cel-tificate ol'lncoillorFtion oil the Caiporation providkd, a majorit�� of the entire inembcrs of` the Ruard of Directors sltall constitute a quorum. tarty meeting hcfcl in re112{7llt; one Or more tliiectors a cluartett shall consist of a majority of t is directors ptesent at such meeting. Whenever a vacancy on the Board of .Dit"ectors. shall ptevelli o quorum fr0111 being 111e;Sc at, flwllt ill Suell oveetl, the quorum Shall ct)mis" of a e aJoeity of tht< members of the Board of Directors excluding the vatcanr y. A majority of the directors present, whether or not a gttclrmn is preX11% Ittrly adjourn a erecting to a111{1t11G1- time gilt] place. t xccpt to the extent provided by law and these By-l..mvs, the act of the Boud of Directors slim I be by a 1114 city of the directo[:� present at tltc time of vole, a yuoium tic"ing present at such tin1�'., Any �ctn actauthorised by resohtfion, in writing, by all of the directors entitled to vote thereon and filed imitil tilt; minutes or the corttoration shall b� tilt act of the Board of Directors with tlae saute force arid effo: i as if the saints h ash been fussed by unanimous voic at a daily called melting, of the Board, 7. The; Chairman of the Board, if any, shy111 preside a, ill meetings of rite Braid of Directors. If there be nu C'hah man or in his absettc4, thi► Presit', Ilt shall preside and, if there bw no PTsident or in his abscncc, any other dirmtor ch mn 6y thQ RUM, shallprtside. g. Whanev=er the Board of Directors shall consist of' more tht:n three= p,ermis, floe Board of Directors may designate from their number, an executive committee and other standing coellllaittees. Such colaatttiftees shall have stach authority as [lie Board of Directors may delegate, except to the extent prohibited by law. In addition, the Board of Directors may establish special comlttittees for ally lawful laurposo, which may have shelf }towers asiE � .Board or Directors may lawfuPy delegate. AK'c CLE Iv OFFICERS The Board ufDircetors may elect orappoint ;a Dhitirm,att (if the Board ofDirectors, a I'e < ,._.: s;, one or more Vice -Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, one or more Assistant Treasurers, and such other officers as they may, determine. 'Flit President may but need not be a director. Any two or more offices may be lieid by the same person except the office of President and Secretary. 2. Each officer shall hold office until the Annual Meeting of the Board of Directors, and until his successor has been duly elected and qualifies. The Board of Directors may remove any officer with or without cause at any time. 3. (a) The president shall be the chlef executive officer of the Corporation, shall have the responsibility for the general management of the affairs of the Corporation, and shall carry mil: the resolutions of the A v a rd of Directors. (h) Diwing the absence or disability of the President of the C'orpn,ation, tits: Vice -President, or, if there be more than one, the Executive Vice -President shall have all the powers and functions of the President. The Vice Nesident shall perform such duties as may be prescribed by the Hoard of Directors from thue to time. (c) T It c Treasurer shall hav€ the care arscl custotly of ,ill of tilt funds and securities ot'the Corporation, and shall deposit said fiends in the name of the Corporation in such bank accounts at.4the Bofird of i,}hectors may from time to time determine. Tics: Treasurer shall, when duly authorized by the Board of Directors; sigh and execute all Contracts inthe name of the Corporation when counter -signed by the President; he ma also sign checks, drafts, notes atttl orders for the payment of money, which shall have been duly authorized by (he Bmrd of Directors and counter -signed by the President. (d) The Se;,row), s?�li keep tie minutes of tare board of Directurs and the iuinutes ow :he members. lie shall have custody or the scid of the Corr3tsration:, and shall affix and attest the sartte tsar doct-nmenas duly authorized by the Board of Directors.` He shall serve all notices for the Corporation which slrail 1.41ve het" autltctrized lt} the Boat'd of Directors, and shall brim charge of all books and records of'the Corporation. ARTICLE V - MI;�CEj..i,ANEOU5 l . The Corporation shall keep at the principal office of the Corporation, complete and correct records and stooks of account and shall keep minutes of the proceedings of the members, the Board of Directors, or any corttinittec appointed by the Board of Directors, as wel l asa listor record containing the names and address of all members. TN, rnrnnmir cr:,r r1mli 7•,a 41, ejs,_k law-ax. t1.n TTy qw+: roP tl: s ! L timt to time prescribe. 3. The fiscal year ofthe Corporation shall k fixed by the Bomi oS Dirccloi's from time to time. stthect to applicable I aw. a. (a) All By -Laws of the Corporation shall be subject to alteration or repeal, ar-,cl new by-laws may be made, by a majority vote of the members entitled to vote in the election of directors, t t a special meeting of the members, called for such pw'pose, (b) The Board of Dircctors shall have the power to mak -, alter or repeal, from time to time, lay -Laws of the Corporation, except that the Board may not unend or repeal any Icy{-lmv in Which rontrol thereof is vested exclusively in the members, If any by-law regulating an impending election of directors is adopted, amended or repealed by the Board, there shall be set forth in the notice of the next mecting, of members for the election of directory, the by-law so madc, amended o, mpealed, logetlm- With a concise statement of the changes made, .i +�f`'1.4. tltlt l'`lRR}�t}}ocl�s l l.i}i"4 iJ��i }(°}':ttx5E2Gli?tifiil �1k'iCtL] !°i.l t ll2ef}' .t41[t# ct}} C:) l�*;r D. i-�. n'ector Dai 3orth Caroiina Carteret County 1, 1 ►Y t" G� (t? $ Notary Public for said County and Mate, do herby certify that, e �}��L�t�ersr�n,)ily appeired brfore r e this day anti acknow!edged the due execution of the foregoing instrument. Witness any hand and official seal, -his tile! day of : )v l�fE��/��� Notary Put�iic'`)'t .�1 .rG!( a!"L�..L�'f My commission Pxpires .� f 11 d �� 1 _.. _, 20 l�/ Parcel This dvetl pre -sowed to The t Co '!'ux t7li'it:e hire Clark .�. 1,"', - this inl;trumont was propmW by; JOI IN 9, TANTCM, PA a licensed North Carolina Attorney. Delinquent taxes, if any, to he paid by the closing attorney to the Onslow, County Tax Collector upon disbursement of closing proceeds Doe ID: Olt 1114nCan TvboI GNP Mold: ai/ti!/2D10 at 10:36:51 AM Pae Ant: $20.� Pape 1 of 2 o viaw countvDAr Rufcca L, Pollard gel, of panda w3925Po299.300 NORTH CAROLINA GENERAL WARRANTY DEED by County on the — day of__, 20_ Muil/Bnx to: John E. Tantum. PA, 604 C Cedar Point Blvd, Cedar Point, NC 26594 Thil, instrunwnt was prepared by: John E. Tontttm, t&O .Odarftint Blvd. Cedar Pt._T1C: 2 584 Briefdoreription for the Index; 1.0I' Common Areas and Street, The Hammocks at Port Swansboro THIS U1rL[a tttade this r day tsf­!ry._., 21113 by and between 'i'I IL I IAMMOCKS AT PORT SWANSOOKO, L,I,C THE HAMMOCKS AT PORT SWANSOORO OWNER'S ASSOCIATION, INC. PO BOX 4455 EMERALD 114111, NC 28504 Iinlor in appropriate block for each Oranlor and Orantse: name, mailing address, and, If appropriate, character of entity, e,g cotoomiion or oartnurshio. The daAgnsidon Oralntor and Orantec as uwd heroin shall Include said Pardo, thok hairs, suecaaaurs, and asslgni, and shall Include singular, plural, masculine, feminine or neuter as required by context. W ITN ErSSkTH, that the Orantor, for a valuable considoration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these preents 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 SWANSBORU SWANSHORU Township, ONSL.OW Counly,NorthCarttiina and more particularly described as follows; BF ING all of the Common Areas, Streets and Easements In "The Hammocks at Pon Swansboro Phase I,11.1It, IV, V and VI" as xhown on maps recnrded in Map Book 52, Page 113, Map Book 52, Page 172. Map Book 52. Page 204; Map Book 53, Page 193; Map Book $6. Page 119 and Map Book 58. Page 47 Onslow County Regiat y, The pmporty hercinabove described was acquired by Grantor by instrument recorded in Book 2630 page 888 All or it pnnion of the property herein eonveyad _ Includes or X_, dooa not Include tho primmy rexidanee of A orentor, A ntap showing the above described property is recorded in Plat Book page �. NC liar Assmi:alon Pcmn No. 3 0197& Revised 0 11V2010 Printed by Aaroemont with the NC Bar Asstwiatlon . AUG 10 2020 V BY. Book: 3925 Page,1977-Current: 299 Seq: 1 Book; 3925 Page: 299 Page 1 of 2 Page 2 of 2 TO HAVE AND TO HOLD the aforesaid lot or parce) of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with tho Martin, that Grantor is seized of the premises in fee simple, has the right to convey the same in fat simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title agalml the lawful claim; of all persons whomsoever, other than the following exceptions: IN W ITNBSIS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written, Tlik I IA MMOCKS, A14owrSW SBQRQ c iS13 W a PrinVrype Name: Ry: � /�1� Printfrype Name At Tidc!AntIy fu+ Cralit'Rimbee. Mbr Manager Ptimmype Nate: By: �_ (SEAL) PrinVrypo Name & Title:. Member Manager PrinVrype Na s: ny: PrinMpo Nam & Tide; I PrinVrype Name: State of - County or City of 1, the undersigned Notary Public of the County or City of and State afaruNald, earthy that personally appearetbcWre me thiaday and acknowledged the due execution of the foregoing instrument for the putptxlesthcreinexptassed. Witness my hand and Notarial stamp er seal this _._ day of , 20_. hty Commission Explras:_ _ .,,_Notary Public I Mix Sea]) Nomi f s Printed or Typed Name ,Slate of County ar Clty of QUILOW 1ti d 'tad Notary Public of the County or City of Ue land State aforesaid, certify that A. ny Crala RI sbet personally came boftxc mo this day and acknowledged that _ha is the an of THE NAMMQ . AT PORT . a North Ctwollvia or ru o li company/general partnership/limited partnership (strike through the inapplicable), and that by authority ly given and as the act such entity, _lie signed the foregoing instrument In Its name on its bebulf as its act and deed, Witness httltjj &ta1 nr NOW. this , day of �1ros: t' t"� w�.v otary Public (Anlx Seal) Notary's Printed or Typed Name State of. , .. ____.__- • County or City of 1, the undersigned Notary Public of the County or City of... ,_ and State aforosaid,mi fy that W Gncss my hand ad Notarial stamp or seal, this e day of ,_.,,,,, My Co nmixsion Expires:--.. Notary Public (Affix Seal) Notary's Printed or Typed Name NC Bar AsKnialion Form No. d O 1976, Revind 01/1/2010 Printed by Apv mein YMb the NC tsar Assmisllan Book: 3925 Page, 1977•Current: 299 Seq: 2 Book: 3925 Page: 299 Pagel? of 2 Pump Station Solutions Anthony Futrell 91 Pickett Way Swansboro, NC 28584 910-507-6518 Prepared for. Wer"maeks Perk 6wana6wra HOA Proposal Date: July 26, 2020 AUG 10 2020 Proposal Description: o Check and inspect the storm water pump station twice a month. This includes: the cleaning of all control floats debris build-up, checking of float switches, testing of pumps, check pump runtimes, testing of audible alarms, documentation of pump runtimes, check pump amp draws, load voltage checks, terminal connection checks, observation of control box and controls for corrosion and loose connections, check discharge pipe at reservoir, general inspection, and communicate with Hammocks Port Swansboro staff on any service related issues. Proposal Pricing: o Hammocks Port Swansboro HOA will be billed on a quarterly basis at $380.00 per quarter. X X Anthonv Futral Hammo s Port 5wansb Owner/Operator HOA President (NONPROFIT) ARTICLES OF INCORPORATION OF SOSID: 895445 Date Filed: I /3012007 9:33:00 AM Elaine F. .Marshall North Carolina Secretary of State C200636100176 THE HAMMOCKS AT PORT SWANSBORO- OWNER'S ASSOCIAT10N, INC. This is to certify, that we, the undersigned, do hereby associate ourselves into a nonprofit corporation under and by virtue of the laws of the State of North Carolina, as contained in Chapter 55A of the General Statutes, andtlad "Nonprofit Corporation Act", and the severed amendments thamto, and ro that end do hereby set forth: ARTICLE; I The name of the Corporation is THE HAMMOCKS AT PORT SWAN5BORO OWNERS ASSOCIATION, INC. ARTICLE II The period of duration of the Corporation is unlimited. ARTICLE III The purpose or purposes for which the Corporation is organized are: a) To operate and maintain common areas of The Hammocks at Port Swansboro. b) To engage in any Iawful act or activity for which corporations may be organized. And in order properly to prosecute the objects and purposes above set forth, the corporation shall have full power and authority to purchase, lease and otherwise acquire, hold, mortgage, convey and otherwise dispose of all kinds of property, both real and personal, both in this State and in all other states, territories and dependencies of the United States, and generally to perform all acts which may be deemed necessary or expedient for the proper and successful prosecution of the objects and purposes for which the corporation is created. ARTICLE IV The corporation shall have members which may be divided into such classes as shall be provided in the by-laws. All members shall be accepted, appointed, elected or designated in the manner provided in the by-laws. ARTICLE V The Corporation is to have no capital stock. AUG 10 2020 BY.— ARTICLE. VI The principal place of business and street address and county of tive initial registered office of the corporation in the State of North Carolina is 1121 W. Corbett Avenue, Swansboro, North Carolina, Onslow County, North Carolina and the name of its initial registered agent at such address is Craig Rigsbee. A 'rI LE VIi The number of Directors constituting the initial Hoard of Directors listed below, are to serve as Directors until the first meeting of the corporation'are: Craig Rigsbee, 1121 W. Corbett Avenue, Swansboro, North Carolina, 28584-8461. ARTICLE VIII No part of the net earnings of the Corporation shall inure to the benefit of any officer, director or tnetnber of the Corporation. Upon the dissolution of the Corporation, the assets of the Corporation shall be, after due provisions have been made for the satisfaction of all liabilities and obligations of the Corporation, distributed to another association or associations organized for purposes substantially similar to the purposes for which this Corporation was organized. The name and address of the incorporator is KBITH E. FOUNTAIN, 114 Old Bridge Street, Jacksonville, Onslow County, North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 0 day of January,2007. e SEAL) STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1, the undersigned, a Notary Public of said County and State, duly coinmissioned to take acknowledgment and s' amintser aath3 in. tests Sane of North Carolina, do hereby certify that an thim day, pargonally appeared before me KF.ITH R. FOUNTAIN, who being by me first duly sworn, declares that he is the incorporator referred to in Article IX of the foregoing Articles of Incorporation, and that he signed these Articles as such and that the statements contained therein are true. Witness my hand and seal tjhi�s�� y3 day of January, 2007. Notar bloc � �• �� My Commission Expires: at ��� '�;Lor- I Pusey, Steven From: Hammocks HOA <hammockshoa.board@gmail.com> Sent: Wednesday, August 5, 2020 5:59 PM To: Pusey, Steven Subject: [External] Storm Water Permit Transfer Application for The Hammocks at Port Swansboro West Attachments: Storm Water permit application notarized 2020.pdf, Articles of Incorparation 2007.pdf, O&M agreement 2020.pdf, General Warrenty deed 2013 (3).pdf, 2014 Bylaws.pdf, Amendment 2018 to Declarations.pdf, Declarations 2007.pdf Good Afternoon Mr. Pusey, I am attaching all of the required documents for the storm water permit transfer application as requested for the Hammocks at Port Swansboro West. The hard copies and the check have been mailed and should be to you on Monday, August 10,2020. If there is any more information required please let me know. Thank you and everyone else at the DEQ that has assisted us in this process. HOA Board The Hammocks at Port Swansboro Ham mocks H OA. Boa rd (em a i I.com John Hawkins - President Anacielia Cervantes Rabago - Treasurer Ken Ahrens - Secretary Pusey, Steven From: Pusey, Steven Sent: Friday, July 24, 2020 5:23 PM To: John Hawkins Subject: RE: [External] Private development agreement JEJ.pdf / Hammocks at Port Swansboro You can make out the check to ND DEQ. The 2 complaints were: 1) from Cynthia Ross per telephone conversation. She claimed many things as per our previous conversation, the main complaint being that she was afraid you were going to buy larger pumps than the existing ones, and 2) An anonymous letter to our offices in Raleigh, which was as follows: They stated that the residents of Port Swansboro at Hammocks Beach in Swansboro are about to replace storm water pumps that feed to an unfinished pond on a joining property being built by JEJ. "The HOA has decided to not confer with JEJ or DEQ in this endeavor. Many residents including myself want to ensure that this expense is not a detriment to the environment. We pleaded to the HOA to consult with you to ensure we were in compliance, however, it feel on deaf ears. They continued to say that contacting DEQ would be an expense that they did not want to pay for. Our understanding is that the original permit from 2007 was never given to us based on the previous storm water patterns. Since JEJ started construction behind us new drainage has been dug, ponds have been extended and many of us wonder if the original permit and plans are still good based on the changes that have taken place. Can you please look into this and contact the HOA president, John Hawkins, 252.670.4855 Have a great weekend! Regards, ��. j. -P-0.7 Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.ousevOncdenr.cvv D ��E. Mai, ... w.w;�r.rel,.s�� ..r:"Ctr; :Orr�Sj]Ol�dc'r7CE' to ara frCrr7i ;^iS Q.�drw3'S is s;,;.4,i 'LC to the Norrh :C<inAino Pubfic Recoids Law and moy be d;s0o!;ed to th(rd poz From: John Hawkins <hawkinsjohn54@gmail.com> Sent: Friday, July 24, 2020 11:45 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: Re: [External] Private development agreement JEJ.pdf / Hammocks at Port Swansboro Thanks for all of your help. We now have a signed contract to replace the pumps in about 4 weeks. We are waiting on the 0&M contract. That should be all the supporting documents we need for the transfer. Who do we have the check payable To for the transfer fee? Also can you send me the two complaints? Thanks Respectfully John Hawkins On Jul 17, 2020, at 4:18 PM, Pusey, Steven <steven.pusey@ncdenr.gov> wrote: RE: The Hammocks at Port Swansboro, Permit SW8 061001 John, It was nice to discuss this project with you today and thanks for providing the recorded private development agreement document, "the JEJ Agreement," which explains who is responsible for maintenance of the stormwater system between the "HOA Property" (Hammocks at Port Swansboro) and the "JEJ Property". Clearly, the "HOA Property" is responsible for the pump station which is on their property and the collection system on their property. It appears that JEJ Investors, LLC is responsible for the piping from the connection points behind the "HOA Property" to the collection pond and ultimately into an infiltration system on their property (reference permit SW8 130105). I just finished reviewing my notes from other projects where we have had pumped infiltration systems. In those projects, the O&M Agreement gave some description of the maintenance required for the pumps, but not in great detail. Reference the following example of some language used in a similar 0&M Agreement for an infiltration trench. The language in this section refers to the pump and outlet structure used to convey stormwater to an infiltration trench or basin. The pump and Clogging has occurred. Clean out the pump, auxiliary outlet structure device, or piping. Dispose of the sediment off -site. The pump or auxiliary device I Repair or replace as necessary. is damaged. Another example is where there was a detention pond with pumps installed. The language for that section was as follows: The Pump System General maintenance Review / observe 2 pump cycles at least once per month, during or immediately following a rain event. Check the flow of the pump Pump fails compared to the flow of the inlet Note the pump on/ off times. Inspect the wet well lid, wiring, and control box to ensure they are water -tight, once per month. A spare pump shall be available to be installed within 24 hours. Contact information shall be mounted on the alarm/ control box. The last example has a lot more detail but I'm not sure you need that much in this permit. Note that it requires a spare pump be available within 24 hours. In the meantime, as we discussed, maintenance of the existing pumps needs to be done. Even though the permit needs to be transferred to the HOA, one requirement for transfer is that all is in compliance. It is acceptable to replace the pumps using the identical specifications to the original design. Once we receive the request for a transfer of the permit, we will be required to inspect the site. Here is a link to the webpage for finding the documents for permit transfer, and minor modification. https://deg.nc.gov/about/divisions/energy-mineral-land-resources/enerey-mineral-land- rules/sto rmwater-progra m/post-construction Just page down to find links for each form. Let me know if you have further questions. Regards, Steve %w�" �. P.-",7 Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steVen.pusey@ncdenr. <i mage001. j pg> !:,mail correspondence to this ��ddre:ss fs object to the North Corolin❑ Public Records Law and may be disclosed to third parties. From: John Hawkins <hawkinsiohn54@gmail.com> Sent: Friday, July 17, 2020 12:26 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: [External] Private development agreement JEJ.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.seam@nc.gov<maiIto: report.spam@nc.gov> M r. Pusey, It was great talking to you today. Thank you for your time and helpful information. I await your email so we can start the transfer and modification process to our Storm Water permit. This should have been done in 2018 or sooner. To be clear, we should replace and perform maintenance on our pumps even though the permit needs to be transferred. We should not wait on the permit transfer. Here is the JEJ agreement. On page 2 of 5 article 4 outlines who is responsible for each permit, infrastructure, and equipment. Our HOA is identified as Hammocks West in the agreement. Notice on last page it is signed by Cindy Ross April 19, 2018. Respectfully John Hawkins 4 Pusey, Steven From: Pusey, Steven Sent: Tuesday, July 21, 2020 5:22 PM To: kahrens54@yahoo.com Cc: John Hawkins Subject: RE: [External] Hammocks Port Swansboro Transfer Application Attachments: 2020 07 app 061001 draft.docx I have filled in some of the required information and highlighted all areas that need to be completed on the attached application form. Please fill out the remainder and submit to our office. I hope I have answered all your questions, however should you have additional questions, please don't hesitate to contact me. Regards, 5 '"V— f. -' Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.ousev@ncdenr.aov i i .X 7 �q � 7 E gr, frog, this rtie _. u. c.il':w '-SEC- . cS a;�Y ar. :x:,:;° �..; ... t_ t, ; _;. From: KEN AHRENS <kahrens54@yahoo.com> Sent: Tuesday, July 21, 2020 3:01 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: RE: [External] Hammocks Port Swansboro Ok Sent from Yahoo Mail on Android On Tue, Jul 21, 2020 at 2:58 PMI, Pusey, Steven <steven.puseyca_)ncdenr.gov> wrote: Ken, Can you send me a pdf copy of the application you are working on? Once received, I can highlight and/or add comments as necessary. Thanks, Steven G. Pusey Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources mate Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.puseyCcDncdenr.gov Email correspondence to and frc ^- th;'s QaF r{ i+z %i subject to tilt., North Caroline Public Records Lovv x.,: n7ay be oisciosed to third parties. 2 From: KEN AHRENS <kahrens54@vahoo.com> Sent: Tuesday, July 21, 2020 8:41 AM To: Pusey, Steven <steven.pusev@ncdenr.gov> Subject: [External] Hammocks Port Swansboro CAUTION:ks or open attachments unless you verify. Send ali suspicious email as an attachment to Hello Mr Pusey My name is Ken Ahrens I am a board member at The Hammocks Port Swansboro have been working along with John Hawkins the storm water pump project he has asked me to get more information and start filling out the transfer a permit to the new name to the HOA board I have a few questions I do understand some of the application I understand the fee who should the check be mailed out to well insured if you could help maybe send me a copy of the application and highlight the areas we must have made out or send me the line numbers I do also understand I am getting a updated maintenance contract for the pump systems to add with the application if you could help me that would be great thank you Ken Sent from Yahoo Mail on Android Pusey, Steven From: Sent: To: Pusey, Steven Friday, July 17, 2020 4:18 PM John Hawkins Cc: Christine Hall (Christine. Hall@ncdenr.gov); Dan Sams (dan.sams@ncdenr.gov) Subject: RE: [External] Private development agreement JEJ.pdf / Hammocks at Port Swansboro RE: The Hammocks at Port Swansboro, Permit SW8 061001 John, It was nice to discuss this project with you today and thanks for providing the recorded private development agreement document, "the JEJ Agreement," which explains who is responsible for maintenance of the stormwater system between the "HOA Property" (Hammocks at Port Swansboro) and the "JEJ Property". Clearly, the "HOA Property" is responsible for the pump station which is on their property and the collection system on their property. It appears that JEJ Investors, LLC is responsible for the piping from the connection points behind the "HOA Property" to the collection pond and ultimately into an infiltration system on their property (reference permit SW8 130105). I just finished reviewing my notes from other projects where we have had pumped infiltration systems. In those projects, the 0&M Agreement gave some description of the maintenance required for the pumps, but not in great detail. Reference the following example of some language used in a similar O&M Agreement for an infiltration trench. The language in this section refers to the pump and outlet structure used to convey stormwater to an infiltration trench or basin. The pump and Clogging has occurred. Clean out the pump, auxiliary outlet structure device, or piping. Dispose of the sediment off -site. The pump or auxiliary device I Repair or replace as necessary. is damaged. Another example is where there was a detention pond with pumps installed. The language for that section was as follows: The Pump System General maintenance Review /observe 2 pump cycles at least once per month, during or immediately following a rain event. Check the flow of the pump compared to the flow of the inlet. Note the pump on/ times. Inspect the wet well lid, wiring, and control box to ensure they are water -tight, once per month. Pump fails I A spare pump shall be available to be installed within 24 hours. Contact information shall be mounted on the alarm/ control box. The last example has a lot more detail but I'm not sure you need that much in this permit. Note that it requires a spare pump be available within 24 hours. In the meantime, as we discussed, maintenance of the existing pumps needs to be done. Even though the permit needs to be transferred to the HOA, one requirement for transfer is that all is in compliance. It is acceptable to replace the pumps using the identical specifications to the original design. Once we receive the request for a transfer of the permit, we will be required to inspect the site. Here is a link to the webpage for finding the documents for permit transfer, and minor modification. https•//deg nc Gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-rules/stormwater- progra m/post-co n structio n Just page down to find links for each form. Let me know if you have further questions. Regards, Steve Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) '796-7215 Direct: (910) 796-7331 Email: steven.ousev@ncdenr.Qov Email correspondence to and from this ;address i; subpct to the !North Carolhia Public Records law and may be disclosEd to third purties. From: John Hawkins <hawkinsjohn54@gmail.com> Sent: Friday, July 17, 2020 12:26 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: [External] Private development agreement JEJ.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> Pusey, Steven S'^J 1 D(o c d o 1 From: Hall, Christine Sent: Thursday, July 16, 2020 4:20 PM To: kahrens54@yahoo.com Cc: Pusey, Steven Subject: RE: [External] Hammocks Swansboro Yes sir. I did rece-ve it. We received another inquiry about this same site, which is being handled by Steve Pusey. Since he is looking a bit closer at the situation, I have asked him to respond to your email as well. "* Pleasa rote the c:^ange to my direct p" ine number Christine Hall Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hallt@ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 crescor uence to and fro ? ihis ada.ress i subject tG the N'! �1?h Carolina Public Fuc:Prs La.V ';Ii alay bt disclosed tc t1? ,JJp ie r 'cr!: From: KEN AHRENS [mailto:kahrens54@yahoo.com] Sent: Thursday, July 16, 2020 2:56 PM �GG To: Hall, Christine <Christine.Hall @ncdenr.gov> Subject: [External] Hammocks Swansboro Hi Christine I sent you an email this morning just want to make sure you got it I think I had the right email address thanks Ken Sent from Yahoo Mail on Android LI lite Flo ivl t�.r ✓wo,Q -�y G �c% 0M -tor PI-r I t-V I Pusey, Steven From: Hall, Christine Sent: Thursday, July 16, 2020 11:28 AM To: Sams, Dan; Pusey, Steven; Musial, Connor E Cc: Kramer, Renee P; Gantt, Matt, Wrenn, Brian L Subject: RE: Form submission from: N.C. DEQ Anonymous Comment Tool Attachments: [External] SW8061001 I received a call from an HOA Board member this morning asking about swapp;gng out the existing pumps (two of the three had failed) with the same models. I had told this HOA member that if they were replacing what was already permitted in kind, no .further action would be required from us. It would just be maintenance work to keep the system running. He wanted a written response, so he sent me the attached email. Steve, Since you are more familiar with this situation, please double check that these pumps are part of the permitted stormwater system and respond to him. '* P'ease note the change to my d+rect phone number ** Christine Hall Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hallCaD-ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 e E '1f:'..."i`'i?J t ,i-,; a di:fress is S'A>"jacl al the :North r _a/r,if " 1 Pubff!::R;:: l?r+7.3 L:au_' :7f d 'rav 5e Jiso,"I is c? to rh.;rd parties. From: Sams, Dan Sent: Thursday, July 16, 2020 10:48 AM To: Pusey, Steven <steven.pusey@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Musial, Connor E <connor.musial@ncdenr.gov> Cc: Kramer, Renee P <Renee.Kramer@ncdenr.gov>, Gantt, Matt <matt.gantt@ncdenr.gov>; Wrenn, Brian L <bria n.wrenn @ ncde nr.gov> Subject: RE: Form submission from: N.C. DEQ Anonymous Comment Tool Guys Please be aware of this complaint. It appears to involve two Stormwater Permits, a first phase SW8 061001 and a later project SW8 130105. 1 have spoken to Steve about this and he has had conversations with the HOA and should take the lead in this. Please follow up with this complainant and see if we can get the details. Thanks.... clan From: Wrenn, Brian L Sent: Thursday, July 16, 2020 10:21 AM To: Sams, Dan <dan.sams@ncdenr.gov> Cc: Kramer, Renee P <Renee.Kramer@ncdenr.gov>; Gantt, Matt <matt.gantt@ncdenr.gov> Subject: FW: Form submission from: N.C. DEQ Anonymous Comment Tool Hey Dan, Here's another complaint from Swansboro. Not sure if the two complaints are related, but please have someone from WiRO take a look and report back. Thanks, Brian Wrenn, Director Division of Energy, Mineral, and Land Resources 919-707-9222 (0) 919-218-7536 (M) From: Kramer, Renee P <Renee.Kramer@ncdenr.gov> Sent: Thursday, July 16, 2020 10:16 AM To: Smith, Danny <danny.smith@ncdenr.gov>; Wrenn, Brian L <brian.wrenn@ncdenr.gov> Cc: Holman, Sheila <sheila.holman@ncdenr.gov>; Hicks, Joy A <iov.hicks@ncdenr.gov>; Mundt, Jennifer <Jennifer. M undt@ncdenr.gov> Subject: FW: Form submission from: N.C. DEQ Anonymous Comment Tool Good morning, Please see the below complaint- I was not sure if this was DWR or DEMLR. Please let me know what follow-up occurs for our records. Thank you, Renee ,,-,.DE3 Q'I.00. �1� A Rennee ]Umrer Me W mil rorvrjtt31.7rertcce Cbcrd naaWr North Carolina Department of an ronmeoot Q=ltty 919.707-8292 (Office) 919.417-2004 (MAile) Rmw_Kram gW gD Errad cGrresporOwxe to arx7 from ffvs aOuress is .su+offlu to ire njcx h ( :arc k)a Pubhi Records Law and rrey be diseased to tiurO pw, as. From: no-reply@nc.gov fmailto:no-reply@nc.gov] Sent: Wednesday, July 15, 2020 5:28 PM To:'ej <ei@ncdenr.gov> Subject: Form submission from: N.C. DEQ Anonymous Comment Tool Submitted on Wednesday, July 15, 2020 - 5:28pm Submitted by anonymous user: 10. 10. 10.212 Submitted values are: My comment will be in:: English I would like to submit a comment or complaint regarding an environmental concern:: Water (ex. Spills, contaminated water, drinking water concerns ) Details of your comment, concern, or complaint: The residents at Port Swansboro at Hammocks Beach in Swansboro are about to replace storm water pumps that feeds into an unfinished retention ponds on a joining property being built by JEJ construction. The HOA has decided to not confer with JEJ or DEQ in this endeavor. Many residents including myself want to ensure that this expense is not a detriment to the environment. We pleaded to the HOA to consult with you to ensure we were in compliance, however, it feel on deaf ears. They continued to say that contacting DEQ would be an expense that they did not want to pay for. Our understanding is that the original permit from 2007 was never given to us based on the previous storm water patterns. Since JEJ started construction behind us new drainage has been dug, ponds have been extended and many of us wonder if the original permit and plans are still good based on the changes that have taken place. Can you please look into this and contact the HOA president John Hawkins ���� 252.670.4855 c4 . Hammockshoa. boarder gmail.com Thank you for your attention to this matter. Date of Incident: Mon, 06/01/2020 Did the environmental Incident involve discrimination?: No Do you wish to remain anonymous?: Yes The results of this submission may be viewed at: hops://deq.nc.Gov/node/8760'/submissioni4578" Ernad correspondence u; and from i;us address may be subject to the Norm Car-wria Public Records Law and may btt disclosed to tr ..' Artie- :in authorized slate official. Pusey, Steven From: Sams, Dan Sent: Thursday, July 16, 2020 10:48 AM To: Pusey, Steven; Hall, Christine; Musial, Connor E Cc: Kramer, Renee P, Gantt, Matt; Wrenn, Brian L Subject: RE: Form submission from: N.C. DEQ Anonymous Comment Tool Guys Please be aware of this complaint. It appears to involve two Stormwater Permits, a first phase SW8 061001 and a later project SW8130105. 1 have spoken to Steve about this and he has had conversations with the HOA and should take the lead in this. Please follow up with this complainant and see if we can get the details. Thanks.... dan From: Wrenn, Brian L Sent: Thursday, July 16, 202010:21 AM To: Sams, Dan <dan.sams@ncdenr.gov> Cc: Kramer, Renee P <Renee.Kramer@ncdenr.gov>; Gantt, Matt <matt.gantt@ncdenr.gov> Subject: FW: Form submission from: N.C. DEQ Anonymous Comment Tool Hey Dan, Here's another complaint from Swansboro. Not sure if the two complaints are related, but please have someone from WiRO take a look and report back. Thanks, Brian Wrenn, Director Division of Energy, Mineral, and Land Resources 919-707-9222 (0) 919-218-7536 (M) From: Kramer, Renee P <Renee.Kramer@ncdenr.eov> Sent: Thursday, July 16, 2020 10:16 AM To: Smith, Danny<danny.smith@ncdenr.gcv>; Wrenn, Brian L<crian.wrennPencdenr.eov> Cc: Holman, Sheila <siieila.holman@rcdenr.eov>; Hicks, Joy A <joy.hicks@ncdenr.goy>; Mundt, Jennifer <Jennifer.MundtCa ncdenr.eov> Subject: FW: Form submission from: N.C. DEQ Anonymous Comment Tool Good morning, Pease set the below ccmplaint- I was not sure if this was DWR or DEMLR. Please let me krow what follow-up occurs for our records. Thank you, Renee Renee Kramer 27ti'e Y1 anl E?mromm m&d Justice Coordusator North Carolina Department of Em4vnment Qoaahty 919.707-8292 (Office) 919.417-2004 QvIb pile) -gov E ad coresporxkrce to and ftyn it- s adcvess t to the North Carolina Pubkc Records Law and may -lie dzcusea to ftU nwpes. From: no-reply@nc.gov [maiito:no-reply@nc.gov] Sent: Wednesday, July 15, 2020 5:28 PM To: ej <ei@ncdenr.gov> Subject: Form submission from: N.C. DEQ Anonymous Comment Tool Submitted on Wednesday, July 15, 2020 - 5:28pm Submitted by anonymous user: 10.10.10.212 Submitted values are: My comment will be in:: English I would like to submit a comment or complaint regarding an environmental concern:: Water (ex. Spills, contaminated water, drinking water concerns ) Details of your comment, concern, or complaint: The residents at Port Swansboro at Hammocks Beach in Swansboro are about to replace storm water pumps that feeds into an unfinished retention ponds on a joining property being built by JEJ construction. The HOA has decided to not confer with JEJ or DEQ in this endeavor. Many residents including myself want to ensure that this expense is not a detriment to the environment. We pleaded to the HOA to consult with you to ensure we were in compliance, however, it feel on deaf ears. They continued to say that contacting DEQ would be an expense that they did not want to pay for. Our understanding is that the original permit from 2007 was never given to us based on the previous storm water patterns. Since JEJ started construction behind us new drainage has been dug, ponds have been extended and many of us wonder if the original permit and plans are still good based on the changes that have taken place. Can you please look into this and contact the HOA president John Hawkins 252.670.4855 Hammockshoa. boardrei; email. corn Thank you for your attention to this matter. Date of Incident: Mon, 06/01/2020 Did the environmental Incident involve discrimination?: No Do you wish to remain anonymous?: Yes The results of this submission may be viewed at: httos:i'idea.nc.gov/nodei87603/submission/45783 Email correspondence rc, and trorTi this address onay be subjeCt m the Nortt, ra.r,,Aina Ptjblic R'.[:o!U Lavv and may be jr xiosed To !hird parties by all autnonze(i state official 061001 Pusey, Steven From: Cynthia Ross <shellseekeresr@yahoo.com> (0 ,39 . 7ft6 Sent: Thursday, June 18, 2020 3:59 PM To: Pusey, Steven Subjects [External] Hammocks Storm water pumps CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> Attached emails from Linda Lewis. We do have an agreement with JEJ about pumping into the two very large ponds in the Hammocks Phase Two. My concern is with a different type of storm water system now can we go from a 3 phase system to a 2 phase system. We do not have flooding issues here as no one took water in their homes during Hurricane Florence. I have lived here since 2008 and except for Outrigger Drive which is now hooked into the JEJ ponds we have no flooding. Just a lot of rain that drains very quickly with a 4 to 5 inch rain. Thank you again, Cindy Ross Sent from my iPhone r; t C %xw e w of 7-/L-Z.0 0 -r,S Cry Are h-A,41S NO Y-res . i�e PvArs pr-04-*L,�' '6 C 5 -= > 3 / oIvaae F-W s &OW, , v .64,L Qrerccr 1 Pusey, Steven From: Cynthia Ross <shellseekeresr@yahoo.com> Sent: Thursday, June 18, 2020 3:49 PM To: Pusey, Steven Subject: [External] The Hammocks At Port Swansboro CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<maiIto: report.s pam@nc.gov> Good Afternoon Mr. Pusey, I spoke with you this morning. I am sorry for the delay in getting the emails forwarded concerning our storm water pumps. As a concerned homeowner I am Just trying to make sure things are being done correctly. I am forwarding correspondence from Linda Lewis who I had dealt with for many years. Any assistance you can render I greatly appreciate. I will be sending the emails in a separate email. Regards, Cindy Ross 910-381-7806 Sent from my Phone Permit: SW8061001 Owner - Project: The Hammocks At Port Swansboro LLC Inspection Date: 07/11/2012 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: In order to bring this permit into compliance you must provide the following: 1. A copy of the required Engineer's Certification. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: This office has not recieved a copy of the Engineer's Certification. Yes No NA NE Page: 2 Compliance Inspection Report Permit: SW8061001 Effective: 10/27/06 Expiration: 10/27/20 Owner: The Hammocks At Port Swansboro LLC Project: The Hammocks at Port Swansboro County: Onslow 1143 Hammocks Beach Rd Region: Wilmington Swansboro NC 28584 Contact Person: Jeff Gilette Title: Phone: 910-330-7160 Directions to Project: From NC Hwy 24 E. Turn right onto Hammocks Beach Road, proceed 1/4 mile to project, on leftside. Type of Project: State Stormwater- HD- Infiltration Drain Areas: 1 - OnSite Representative(s): Related Permits: Inspection Date: 07/11/2012 Entry Time: 02:10 PM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Exit Time: 02:20 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Pa of 5 , 10111111111111111 111 Doc ID: 013a90210005 Type: 0RP Recorded: 04/27/2018 at 03:34:05 PM Fee Rmt: E2a.00 Pape 1 of 5 Doslow County NC Rebecca L. Pollard Rep. of Deeds iw4771 Pa364-368 STATE OF NORTH CAROLINA COUNTY OF ONSLOW F'or MGtgj,�nq,�ce Gosfs SW Sysk�. PRIVATE DEVELOPMENT AGREEMENT L'THIS PRIVATE DEVELOPMENT AGREEMENT (the "Agreement") is made this day of 11P a� 018 by and between THE HAMMOCKS AT PORT SWANSBORO OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation, hereinafter referred to as "HOA", and JEJ INVESTORS, LLC, a North Carolina limited liability company, hereinafter referred to as "JEJ". WITNESSETH: WHEREAS, the HOA is the owner of the Common Areas, Streets and Easements described in a deed recorded in Book 3925, Page 299, in the Office of the Register of Deeds of Onslow County, North Carolina (the "HOA Property") in the residential subdivision of "The Hammocks at Port Swansboro Phases I,11, III, IV, V. and VI" as shown on maps recorded in Map Book 52, Page 113, Map Book 52, Page 172, Map Book 52, Page 204, Map Book 53, Page 193, Map Book 56, Page 119, and Map Book 58, Page 47, in the Office of the Register of Deeds of Onslow County, North Carolina (the "Hammocks West"); WHEREAS; JEJ is the owner of two (2) adjacent tracts or parcels of land adjoining the HOA Property, consisting of a total of approximately 1028 acres, and being more particularly described in Book 3869, Page 55, (the "Rigsbee Tract," containing approximately 2.70 acres) and Book 3869, Page 58 (being the same property described ir. 3ook 3869, Page 60), (the "Walsh Tract," containing approximately 7.58 acres) in the Office of the Register of Deeds of Onslow County, North Carolina (the Rigsbee Tract and Walsh Tract being hereinafter collectively referred to as the "JEJ Property"); WHEREAS, JEJ intends to subdivide, improve and develop the JEJ Property by construction of private streets, residential townhouse dwellings, common areas, and related site improvements, as shown on the "Preliminary Plat Planned Residential Development Showing The Hammocks at Port Swansboro, Phase Q," dated August 14, 2012, Revised August 10, 2017, prepared by John L. Pierce & Associates, P.A, attached hereto as Exhibit "A", the "Plat," and incorporated herein by reference (the "JEJ Project'), including, but not limited to stormwater control facilities in accordance with permits issued by the North Carolina Department of Environment and Natural Resources, Water Quality Division, hereinafter referred to as "DENR"; WHEREAS, DENR has issued Stormwater Management Permit No. SW8 061001 to The Hammocks at Port Swansboro, LLC (the "HOA Permit"), the developer of the Hammocks West, for the stormwater runoff from the Hammocks West to be routed to a wet detention pond to be constructed, operated and maintained by JEJ under its Stormwater Management Permit No. S W 8 130105 (the "JEJ Permit") on the JET Property (the HOA Permit and JEJ Permit being herein after referred to as the "Permits"); Book: 4771 Page, 1977-Current: 364 Seq: 1 Book: 4771 Page: 364 Page 1 of 5 Page 2 of 5 WHEREAS, it is in the mutual best interest of JEJ and HOA to agree upon certain rights, duties, and obligations of the parties for the future use and maintenance of their respective properties by the owners thereof. NOW THEREFORE, in consideration of the premises and ten dollars ($10.00) and other valuable consideration, in hand paid, each to the other, the parties hereto agree as follows: 1. Non -Annexation and Release. It is understood and agreed that the JEJ Property will not be annexed or made a part of Hammocks West and that portion of the JEJ Property, consisting of approximately 2.70 acres, the Rigsbee Tract, is hereby released from the encumbrance of the Declaration of Covenants, Conditions and Restrictions recorded in Book 2818, Page 932, as amended, in the Onslow County Registry (the "Declaration"). All rights, duties and obligations of the present and future owners, tenants, occupants and invitees, of the JEJ Property and Hammocks West shall be governed and controlled by the terns and provisions of this Agreement. HOA shall prepare and record an amendment to the Declaration, binding upon all lot owners of Hammocks West, releasing the Rigsbee Tract from the covenants, conditions and restrictions therein and terminating the rights and benefits of the owner or owners of the Rigsbee Tract to the amenities appurtenant thereto. 2. New Homeowners Association. Upon the residential dwelling development of the JEJ Property, JEJ agrees to form a new non-profit corporation to be named, "The Hammocks at Port Swansboro East HOA, Inc.," (the "New HOA"), or some other name so as to distinguish it from the HOA. The New HOA will be conveyed the common area in the JEJ Project and be responsible for: (a) the collection of dues and assessments from the residential dwelling owners for the maintenance and upkeep of the common area and improvements thereon, and (b) the said maintenance and upkeep thereof. 3. Separate Amenities and Maintenance. Except as otherwise specified in this Agreement, it is understood and agreed that common areas and improvements on the HOA Property, and the JEJ Property shall be for the exclusive use and benefit of the owners of the separate respective properties or any subdivided portions thereof. Neither JEJ nor HOA, nor the respective purchasers, owners, tenants or occupants of dwellings in the respective subdivisions, shall be entitled to the use or enjoyment of the common areas, recreational facilities or other amenities in the other party's subdivision. JEJ or the New HOA, and HOA covenant and agree to maintain their respective common areas and improvements in good condition. Both parties agree to maintain their respective private streets. 3.A. Construction Traffic. JEJ covenants and agrees that all construction traffic for the JEJ Project shall only be allowed on the JEJ Property, and that no construction traffic shall traverse, nor shall any construction equipment be placed or allowed on the Hammocks West property. 4. Stormwater Management System. Upon the residential dwelling development of the JEJ Property, JEJ agrees, at its sole cost and expense, to constrict the wet detention pond (the "Detention Pond") on the JEJ Property in accordance with the JEJ Permit and HOA Permit, together with other improvements required on the JEJ Property and connect the existing drain pipes on Outrigger Drive and Ketch Drive for stormwater drainage to the Detention Pond in accordance with the Permits. It is understood and agreed that, except as herein provided, JEJ has no obligation to provide any materials or make any improvements for drainage of stormwater from the HOA Property to the Detention Pond - Upon completion of construction of the Stormwater Management System in accordance with the Permits, and certification of compliance with the construction plans by the designer, JEJ, or the New HOA, shall maintain the Detention Pond in accordance with the Permits_ The costs and expenses for maintenance of the Detention Pond and related stormwater drainage improvements situated on the JEJ Property shall be paid by JEJ or the New HOA. Upon completion of improvements required to be trade by JEJ as set forth herein, the HOA agrees to pay all costs and expenses for maintenance of the stormwater drainage improvements situated on Hammocks West. V 5. Separate Identifications of the Subdivisions, Perimeter Fence and Conveyance of Parcel. It is understood and agreed that upon development of the JEJ Property, JEJ, at its sole cost and expense, shall Book: 4771 Page, 1977-Current: 364 Seq. 2 Book: 4771 Page: 364 Page 2 of 5 Page 3of5 consuuct a fence along the perimeter of the Property adjoining Hammocks West, and shall place identification signs on both sides of the fence along the easternmost property line of the HOA Property which identify the Hammocks West as "Hammocks at Port Swansboro" and the JEJ Property as "Hammocks at Port Swansboro East". There shall be no pedestrian access or gate other than the "swing gate," provided for below. The HOA is hereby granted a perpetual, non-exclusive easement, ten (10) feet in width, for access and to maintain, repair and replace said fence. The non-exclusive easement for maintenance, repair and replacement of the fence includes, but is not limited to, full rights to alter, remove, maintain, replace, paint and/or repair, without the approval, consent or joinder of JEJ, the New HOA, or the owner of any portion of the JEJ Property. HOA shall be solely responsible for the maintenance, repair and replacement of said perimeter fence. Upon Mete execution of this Agreement, JEJ shall convey, without additional consideration, that strip or parcel of land, containing approximately 0.03 acre, described on Exhibit "B," to be combined with the common area of the HOA. 6. Emergency Access Easement Only. Except as otherwise provided herein, there shall be no right of ingress or egress by the owners of the JEJ Property or Hammocks West over the property of the other party. Prior to the sale of the first dwelling on the Rigsbee Tract in the JEJ Project, JEJ shall, at its sole cost and expense, install a seen activated "swing gate" over Outrigger Drive which shall at all times "swing east," in the location shown on the Plat and in accordance with the detail specifications set forth thereon. HOA is hereby granted a p �rpetual, non-exclusive easement for the maintenance, repair and replacement of the swing gate. The non-exclusive easement for maintenance, repair and replacement of the "swing gate", includes, but is not limited to, full rights to alter, remove, maintain, replace, paint and/or repair, without the approval, consent or joinder of JEJ, the New HOA, or the owner of any portion of the JEJ Property. One (1) year following the sale of the fast dwelling in on the Rigsbee Tract in the JEJ Project, HOA shall be solely responsible for the maintenance, repair and replacement of the swing gate. Prior to the sale of the first dwelling on the Rigsbee Tract in the JEJ Project, JEJ shall, at its sole cost and expense, pave and install curbing, on the unpaved area of Outrigger Drive, designated as "Proposed Asphalt," from the terminus of the existing pavement on Hammocks West to the JEJ Property as shown on the Plat. 7. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon either. (a) deposit in the United States Mail as certified mail, return receipt requested, postage prepaid, or (b) delivery to a nationally recognized overnight mail carrier, and addressed to the party being notified at the address of each owner as shown on the records of the Secretary of State of North Carolina, or the Onslow County Tax Office. 8. Breach. In the event of a breach of this Agreement, the patties and any owner of any residential dwelling unit in the Hammocks West, or the JEJ Property, shall be entitled to institute legal proceedings for fall and adequate relief from the consequences of said breach. 9. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms, rights, obli ations, covenants or duties hereof shall not be deemed a waiver of any rights or remedies which such party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or agreements. 10. Perpetuity of Agreement The terms, covenants, obligations and agreements set forth herein shall be binding upon and inure to the benefit of the parties hereto, and their respective successors, grantees, and assigns, and shall be perpetual and construed to run with the land. 11. Amendments. This Agreement may be amended by, and only by, a written agreement executed by the parties hereto, their successors or assigns, which shall be deemed effective only when recorded in the Onslow County, North Carolina public real estate records. 1- 12. Severability. All rights provided herein may be exercised only to the extent that the exercise Book: 4771 Page, 1977-Current: 364 Seq: 3 Book: 4771 Page: 364 Page 3 of 5 Page 4 of 5 thereof does not violate then applicable law and shall be limited to the extent necessary to render the remaining terms and provision herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to any person or circumstance shall be held illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 13. Governing Law. This instrument shall be construed in accordance with the laws of the State of North Carolina. 14. Authorized Signatory. Each party hereto represents and wan -ants to the other party that the person executing this Agreement on behalf of such party has been duly authorized to execute same and bind such party in accordance with the controlling instruments for operation by such party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officer, director or manager, the day and year first above written. THE HAMMOCKS AT PORT SWANSBORO OWNERS ASSOCIATION, INC. By (,r. Name: C� �n+lua 1"► i ' r "" —r Title: President STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: �� rVn _.— 3 Date: April l 2018 Lt ( cia ignature of otary) (Notary's printed or typed name) My commission expires: if)0ya % 6 N. Book: 4771 Page, 1977-Current: 364 Seq: 4 Book: 4771 Page: 364 Page 4 of 5 Page 5 of 5 JEJ INVE STOR S , LLC By: Name: John L. Pierce Title: Manager STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: John L. Pierce Date: pril ��% 2018 `--'012.0NXn cgyY< ( tclal Srgnatare of o = NOTARY �!_. it ., _1 _ 4 _ PUBLIC (Notary's pA-ted or typed name) Y �110 �llllf11111tlo, bfJicia!StamporSeal) My commission expires: 1�0,(� K:\HOA\HAMMOCKS-PORTSWANS C0173-CV-16\DEV AgmtsVEJ_HAM O KS WEST H0A_DEV.AGR.F I NAL04.05.2018.wpd Book: 4771 Page, 1977-Current: 364 Seq: 5 Book: 4771 Page: 364 Page 5 of 5 SOSID: 0895445 Date Filed: 8/18/2017 5:01:00 PM .! Elaine F. Marshall North Carolina Secretary of State C2017 222 00296 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF S' A.TE DESIGNATION AND/OR STATEMENT OF CHANGE OF REGISTERED OFFICE, REGISTERED AGENT NAME OR PRINCIPAL OFFICE Pursuant to §55D-31, §55-1-22(26), §55A-16-23(b), §57D-1-22(29), of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing its registered office address, registered agent name, and/or principal office addresses for the State of North Carolina. INFORMATION CURRENTLY ON FILE 1. The exact name of the entity as listed on the business registry is: 11A1- 141h=s oC-K-%SA PQAM Sua{aNSlSntin OUz*.-jtxM As�� a�-►�.T� NC= Entity Type: ❑ Domestic Corporations, ❑ Foreign Corporation, W Nonprofit Corporation ❑ Domestic Limited Liability Company, ❑ Foreign Limited Liability Company 2. (Check only if applicable) The registered agent name and/or address is not currently on file with the Secretary of State. 3. (Check only if applicable) The principal office address is not csmamft on file with the Secretary of State. Registered Agent Information (complete this section if du re is a registered agent none and ad dress on fide with the Secretary of State) 4. The name of the current registered agent is: Q. 5. The street address and county of the entity's registered agent office address currently on file is: Number and Street: �,� . QbE� A ��► City:�t,.�ta vs�uot) t� State: NC Zip: County: (J" , Lrjt,) The mailing address ifs front the sd+od address of the registered agent office address currently on file is. - Number and Street or PO Box: City: State: NC Zip: County: Principal Office Information (complete this section only if there is a principal orwe on file with the Secretary of State) The street address and county of the entity's principal office address currently on file is: Number and Street: LQ\!J . C4-,q_%gam; H V t City:Sy��h.Ag—b b Lco StategL Zip: -Q!k6 _% County: C) 0 L D t•1 The mailing address ifdfff~f v= the xW et address of the principal office address currently on file is: Number and Street or PO Box: City: CORPORATIONS DIVISION August 23, 2016 State. P.O. BOX 29622 Zip: County: RALEIGH, NC 27626-0622 Form SE-17 NEW INFORMATION RegistereO Agent Information (complete this section if the registered agent name and address is being changed on the business regist),y) 1. The street address and county of the entity's new registered agent office address is: Number and Street: City: Z .�� �a yy��-,� State: NC Zip: WR tzq County: T) ws!a,� 2. The mailing address if diferent from the sb+eet address of the new registered agent office address is: Number and Street or PO Box: � . to . -bt v City:% I,. oa_r, State: NC Zip: County: 3. The name of new registered agent and the new agent's consent appo T or Print Name of New Registered Agent �'SlgnaftZ�"&itle 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, is the some location. Principal Office Information (complete this section only if there is a principal office on file with the Secretary of State) The street address and county of the new principal office address is: Number and Street: k % ":Sr--" znw��r-,PL- R City: Sl v q.a�'y�p state:l� Zip: a4 5A'� County: b C, 6. The mailing address if di imw m the street address of the new principal office address Number and Street or PO Box: � -0 -�n"L "is t _ City:. %W.F, 09-n Stateil&C Zip: 'c)R %q' County: 7. This statement will be effective upon filing, unless a data and/or time is specified: This the i ` day OA Wi 20. -C IA%. 1Awec\rhRc-KS Wt i oqq' Swawag'� � Q.o l7 tv eJta(LS ity Name Signature -u,a�i� A v,S a s.1 � C T Type or Print Name and�e Z Note: Filing fee is $10.00. This document must be filed with the NC Secretary of State 'Instead of signing here, the new registered agent may sign a separate written consent to the appointment, which must be attached to this document upon submission for filing. CORPORATIONS DIVISION August 23, 2016 P.O. BOX 29622 RALEIGH, NC 27626,W22 Form SE-17 Lewis,Linda From: Lewis,Linda Sent: Tuesday, March 14, 2017 5:18 PM To: Scott, Georgette Subject: The Hammocks at Port Swansboro SW8 061001 found the file in my office O It looks like the NOD was last drafted and saved on 121712012, but it doesn't look like Chris ever got around to elevating the NOD in BIMS up to an NOV. There's no date or NOV number on the letter and the certified mail number on the letter matches the still unused green card receipt in the file. An application from Mr. Rigsbee for Phase 1 was submitted in February 2013 concurrent with JEJ Investors application for Phase 2. Perhaps the NOV was tabled because an application which was intended to resolve the issue had been submitted and the NOV was no longer necessary? Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office line Lewis r ncdenr.00y Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing -c Yes tov''. f> ;il�.r.,. --'r�'.f1 �. r r. ..l Pa.� „ ?1't � �!" ..., - .�iy; � :-- #S �., r,.r � h.- Cil�.. .,. �..1 �, i tr r%�?tt;t'.5�.•. date CERTIFIED MAIL # 7008 1140 0002 3401 3727 RETURN RECEIPT REQUESTED Craig Rigsbee, Member Organizer The Hammocks at Port Swansboro, LLC 18 Schooner Dr. Swansboro, NC 28554 Estes Rigsbee, Member 6909 Field Hill Rd. Raleigh, NC 27603 Anthony Craig Rigsbee, 19 Sloop St. Swansboro, NC 28584 Subject: NOTICE OF VIOLATION, NOD-2012-PC-XXXX The Hammocks at Port Swansboro Stormwater Permit No. SW8 061001 Onslow County Dear Mr. Rigsbee: On December 4, 2012, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Hammocks Beach Road, Onslow County, North Carolina. A copy of the compliance inspection report was sent to you on July 12, 2012. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 061001, issued to you on October 27, 2012. The project has been found in violation of Stormwater Permit Number SW8 061001, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are: Failure to build according to the approved plan. On October 19, 2006, The Hammocks at Port Swansboro, LLC, submitted an application to install High Density Infiltration System to treat the two drainage areas for this development. This office performed an inspection and discovered the following: • Holding / Pump Station 1 is installed along with the associated collection system. However, the above ground infiltration bed is not installed. • The runoff from drainage area 1 is being treated as approved. • Drainage area 2 has a partially installed collection system but the Holding / Pump Station is not installed for this drainage area. In addition the runoff is not receiving any stormwater treatment. Therefore, the following permit conditions have not been met: Per Section 11.1 of the Permit the stormwater management system shall constructed in its entirety vegetated and operational for its intended use prior to construction of any built - upon surface; Per Section 11.9 of the Permit the permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans. 2. Failure to certify the stormwater system. An administrative review of the file revealed that this Office has not received the Designer's Certification. Per Section 11.6 of the Permit, 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. 3. Failure to meet permit condition 111.1 under General Conditions An administrative review of the file revealed that this permit has been subdivided prior to approval. Therefore this permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, 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. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. To correct these violations you must: 1. Install the system as permitted or request a Modification. 2. Once the system is completed provide the Engineer's Certification 3. Once the system is installed or modified you must transfer the stormwater permit to the current owners of the partially constructed section of this permit. Please provide a "Plan of Action" within 30 days of receipt of this Notice to DWQ that states how and when these violations will be corrected. If we do not receive your plan of action by this date you will be in violation of 15A NCAC 2H.1000, which will result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the Onslow County Building Inspector and the Town of Swansboro, this office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David Cox at (910)-796-7215. Sincerely, Georgette Scott State Stormwater Supervisor GDS1dwc: S:1WQS1StormwaterlPermits & Projects120061061001 HD12012 12 NOV 061001 cc: Paul Wysocki Betty Bullock Onslow County Building Inspections Town of Swansboro Karen Higgins, WBS-CPU Georgette Scott WiRO Stormwater File Designer's Certification Page 1 of 2 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, (Project) 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 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. 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 dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ inspector, county County Building Inspections r� Lewis,Linda From: Cynthia Ross <shellseekeresr@yahoo.com> Sent: Tuesday, March 14, 2017 3:18 PM To: Lewis,Linda Subject: Rigsbee/ Hammocks Developer Per our discussion this morning... the developer for the Hammocks @ Port Swansboro Phase 1 is: 19 Sloop St Swansboro, NC 28584. Thank you again for speaking with me concerning Phase 1 and Phase 2. Sincerely, Cynthia Ross Sent from my Whone Iewis,Linda From: Lewis,Linda Sent: Tuesday, March 14, 2017 6:39 PM To: 'Cynthia Ross' Subject: RE: Rigsbee/ Hammocks Developer Attachments: 2012 07 CEI_BIMS 061001.pdf, 2012 12 cei_bims 061001.pdf Thank you. As promised, I did locate 2 inspection reports in the file (attached) and did some further research. Both reports called the site "non -compliant". As a result of those reports, JEJ Investors submitted their application for Phase 2 on January 8, 2013, and eventually that application was modified to size the stormwater control measure to treat the runoff from Phase 1 and was approved on May 6, 2013. Mr. Rigsbee submitted a revised application for Phase 1 which we approved on the heels of the Phase 2 permit to Mr. John Pierce, JEJ Investors. That permit changed the Phase 1 regulated activity from infiltration to offsite. At the time the revised permit for Phase I was issued to The Hammocks at Port Swansboro LLC, the corporation was active with the NCSOS. It was only after the revised permit was issued that the project was foreclosed and the NCSOS dissolved the corporation in March 2014. A permittee that loses property via foreclosure for which he/she holds a permit for, has been "fully divested" of the right to develop that property. Under SL 2013-121, this is grounds for the Division to transfer the permit to the new owner upon their request, whether that owner is a bank, a developer, an HOA, or a property owner without the signature of the permit holder. In essence, if certain conditions are met, we can take that permit away from Mr. Rigsbee and if, the new owner requests it, we can transfer that permit to a new owner (including an HOA) without Mr. Rigsbee's signature. As we discussed on the phone, the offsite permit is merely permission for the Phase 1 development to use the pond that is permitted to JEJ Investors for Phase II to treat their stormwater runoff. Our obligation is to assure that the permit holder for Phase 2 has properly sized the system (yes) and that there is a signed 0&M agreement to maintain it (yes). We were not involved in the details of ensuring that Mr. Rigsbee had been encumbered to a maintenance cost -sharing agreement with JEJ Investors. However, it has been my understanding that the owners in Phase 1 have no issue with contributing their fair share of the maintenance costs. As to your question of who will bear the financial burden of physically "hooking up" Phase 1 and getting the runoff from Phase 1 into the Phase 2 pond once it is built? Normally, the BMP is built First, and the permit holder of the BMP provides the necessary main drainage lines and stubouts that lead up to the property lines of any offsite tracts that are allowed to use that pond. The owner of the offsite tracts provides their own on - lot drainage lines within their property boundaries and hooks into those main drainage lines. This situation is different because Phase 1 was originally intended to have its own treatment system, and the Phase 2 permit for JEJ Investors was issued after Phase 1 had already been developed and was in trouble. We'd have to look at the approved plans for Phase 2 to know what provisions were made for getting runoff from Phase 1 into the Phase 2 pond. You are more than welcome to schedule a file review appointment to review those approved plans. Linda Lewis, E.I. 1 Environmental Engineer III `Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Cynthia Ross [mailto:shellseekeresr@yahoo.com] Sent: Tuesday, March 14, 2017 3:18 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Rigsbee/ Hammocks Developer Per our discussion this morning... the developer for the Hammocks @ Port Swansboro Phase 1 is: 19 Sloop St Swansboro, NC 28584. Thank you again for speaking with me concerning Phase 1 and Phase 2. Sincerely, Cynthia Ross Sent from my iPhone sw Lewis,Linda From: Lewis,Linda Sent: Friday, September 30, 2016 11:42 AM To: Bromby, Craig A; Bennett, Bradley Cc: Scott, Georgette Subject: The Hammocks at Port Swansboro SW8 130105 / SW8 061001 Attachments: Standing water problems in the Hammocks at Port Swansboro; Hammocks at Port Swansboro SW8 Craig & Bradley: am writing this email on behalf of Georgette. We received the attached "Standing water problem" email today from a lady who lives in The Hammocks regarding the flooding that she alleges is a result of the lack of a stormwater control. We (me, Bradley, Georgette and Craig) had a discussion about this unique situation a while back and I provided the second attached email dated August 11, 2016, describing what I found out from the Town and requesting direction. To refresh your memory, we issued a permit for Phase I of the Hammocks subdivision for an infiltration system. The developer went bankrupt and JEJ Investors bought up the remaining property and sold off lots in Phase I without constructing the permitted BMP. We became involved when JEJ wanted to get Phase 2 permitted for development. Since Phase I didn't have a BMP, Phase 2 was permitted to construct a BMP which was sized to treat the runoff from Phase I. The Town of Swansboro approved the Phase 2 development, but JEJ let that approval expire because they didn't submit a recorded plat within 1 year. When JEJ went back to the Town to get Phase 2 reapproved, the Town required a second access to the subdivision due to the fire code requirements. JEJ allegedly tried to blackmail the Phase I owners into providing that access through the Phase neighborhood, by threatening to remove Phase I from JEJ's Phase 2 permit, which would force Phase I into constructing their own stormwater BMP. The Town won't let JEJ construct the pond until they can provide the secondary access. Phase 2 sits empty and no BMP has been constructed. We had requested that Craig touch base with the attorneys and send a letter to the Town requesting that they find a way to issue a conditional permit which would allow only the permitted wet pond to be constructed, but not any of the lots in Phase 2. To date, we have not received any guidance on how to resolve this compliance issue and I am not aware of any letters or emails that were sent to the Town from the Division in regards to this issue. If Craig has not set up any meetings with the attorneys or sent a letter to the Town, then our next step will be to issue NOV's to both the Town of Swansboro and to JEJ Investors for noncompliance with the stormwater rules. Please help. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 9110-796-7215 Office linda.lewisO)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 r Bliaifl bu- sn! fronn aonlj-ess to the 17 Noni fa?,A 1u?b I k; IR e C 0 f - ma's 4.a v a ,I d lay ay be e of C i ""? h - '` p a rf i S. Lewis,Linda 56U7 4(:�7ioa( From: Lewis,Linda Sent: Friday, September 30, 2016 12:04 PM To: 'Brandee Moyer'; Scott, Georgette Subject: RE: Standing water problems in the Hammocks at Port Swansboro Ms. Moyer: I am very sorry that you are having these issues. The Division is aware of this situation and has been in contact with the various attorneys for the Division, the Town of Swansboro, the Phase I HOA and JEJ Investors, and is working to resolve the compliance issue with the state stormwater permit. The state does not regulate flooding or poor drainage and flooding is not a permit violation. If drainage and flooding are to be regulated, it will be at the local government level, i.e., Onslow County or the Town of Swansboro. Unfortunately, with all the rain we've had, and our flat coastal topography, flooding is a fact of life and will continue to be an issue along the coast. Any action on the part of the Division to bring about compliance with the permit may or may not relieve a flooding issue. am sorry that the Division cannot be of more assistance to you in this matter, but our efforts are directed at resolving the permit compliance issue. I am hopeful that if we are successful, it will lessen the flooding situation, but there is no guarantee. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources. Department of Environmental Quality 910-796-7215 Office Iinda.lewis(c)-ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 E`maij cones ponder- ` to and from this address is subject to the 'vor 1, mar -liria Public- Records LaiW anci m, y bk� disci'osec` ' 6?ird F :r,6 ,.s. From: Brandee Moyer[mailto:brandee.realtor@gmail.com] Sent: Friday, September 30, 2016 8:42 AM To: -Scott, Georgette <georgette.scott@ncdenr.gov>; Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Standing water problems in the Hammocks at Port Swansboro Good Morning My name is Brandee I am a home owner at 42 Ketch dr in the Hammocks and I was given your emails to write to you for a resolution to a major problem in the back of my home and two there properties next to mine. I have had standing water under my home since I bought it last November and it is getting into my crawl space which is causing moisture and damage not only to the crawl space but to the tiles in my kitchen that the crawl space is above. The homes next to me 40 and 38 also have issues with the standing water. I have seen 40 Ketch's backyard standing water come up to the backstairs at times. 38 Ketch has a broken pipe that is leading to the storm water pond that gushes like a fountain when it storms. This pipe is not on Hammocks property and I have been told that the storm water pond has not been cleaned in over 6 years, this is what is causing all the damage to our homes. This has been going on for some time and will eventually erode our properties and I am concerned for the decks/screened porches at this point that have been sitting in water for years and how sturdy they may be. I need your assistance in this matter in getting this issue under control with fixing the pipe and the storm water pond. I will be attaching photo's from the 22nd of September, if you don't receive them please let me know. All photo's are from my property except the last three that are from 40 Ketch. I was unable to get a picture of the pipe from 38 because the home owner no longer lives there and his fence is locked. My contact number is 252-288-1465 Thank you, Brandee a� _A Lewis,Linda From: Lewis,Linda Sent: Thursday, August 11, 2016 12:22 PM To: Bromby, Craig A Cc: Bennett, Bradley, Scott, Georgette Subject: Hammocks at Port Swansboro SW8 Craig: I talked with Andrea Correll and Scott Chase, Planners with the Town of Swansboro regarding the issues at Hammocks at Port Swansboro. If you will recall, Phase I permit SW8 061001 was issued to the now -dissolved Hammocks at Port Swansboro, LLC (Craig Rigsbee) for an infiltration system to treat their runoff. It was discovered later that Mr. Rigsbee either sold or lost the land in foreclosure where the infiltration trench was intended to be constructed, leaving Phase I without stormwater treatment. The purchaser of that property and the remaining Phase II property, JEJ Investors, LLC (John Pierce / Betty Bullock) agreed to provide stormwater treatment for Phase I in the BMP that they were designing as part of Phase II under SW8 130105 issued on May 6, 2013. On that same date, the regulated activity for Phase I under SW8 061001 was chanoed from high density to offsite, allowing the runoff from Phase I to be treated in the Phase II permitted pond. The Town said that Mr. Erwin provided a copy of a recorded agreement wherein Mr. Pierce had a development right to annex additional property, however this agreement expired in 2014, after the SW8 130105 permit was issued. The Town approved the original Phase II development, but Mr. Pierce failed to provide a recorded plat within 1 year of receiving the Town's approval, which required Mr. Pierce to go back to the Town to get Phase II reapproved. However, since his right to annex property to the subdivision had already expired, Mr. Pierce was not able to meet the Town's requirement to provide a secondary means of ingress and egress through Phase I, as was originally planned. The secondary access is required by State Fire Code. The stormwater system the Division approved in 2013 for Phase II has not been built. There is no development in Phase II, only a few stubbed up water connections. The Town is reluctant to approve the pond construction alone unless Mr. Pierce can meet their requirement under the State Fire Code to provide a secondary ingress/egress. Is there a way that we can make the Town understand that if they are standing in the way of compliance, they can be held accountable? We'd like to see a conditional permit issued by the Town which would allow JEJ Investors to at least build the required pond to treat runoff, with a caveat to build it by (fill in the date). The Town could put in whatever other conditions they want, but we really need that pond to be built ASAP. It would seem that if no lots are approved and no people are living in Phase 11, the secondary access issue is a moot point. 1 hate to step on the Town's toes, but if they are standing in the way of compliance, they need to be aware of the consequences. The Town of Swansboro attorney is Cliff Parson at 252-672-5474. JEJ Investor's attorney is Dewey Edwards, (Gaylor Edwards and Vatcher) in Jacksonville at 910-455- 9494 (deweyedwards _gevlaw.com) Hammocks at Port Swansboro Phase I lot owners attorney is Frank Erwin (Erwin and Simpson) in Jacksonville at 910-455-1800 (ferwin()-essnc.com) Whatever advice you can provide to facilitate getting the Town to issue a conditional permit to allow JEJ Investors, LLC to build the pond would be greatly appreciated. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(ancdenr gov- Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 f�i ' F/ ;•alr coiresSpotide—ic8 to ,:;n i'rom ""Nisadd;-ess is su !"r'- _'t to ii1e Nc.--t � C•arolinu Reccrds Lai.., an:J may Fq d scbsed f; third parties. lad/aS r` Lewis,Linda From: Lewis,Linda Sent: Monday, August 08, 2016 12:19 PM To: Scott, Georgette; Bennett, Bradley; Lucas, Annette Cc: Bromby, Craig A Subject: FW: Follow up / The Hammocks at Port Swansboro / 2016 05 voidpermit 061001/ Stormwater Permit /W This situation remains unresolved. See attached email from Frank Erwin, attorney representing the Hammocks at Port Swansboro HOA. Background: October 27, 2006 — a high density subdivision permit #SW8 061001 for an infiltration trench system is issued to Craig Rigsbee and The Hammocks at Port Swansboro LLC, for The Hammocks at Port Swansboro. The infiltration system to serve this subdivision is not installed. On May 6, 2013, a high density wet detention pond permit is issued to JEJ Investors, Inc. for The Hammocks at Port Swansboro, Phase II under SW8 130105. This BMP was designed to serve both the Phase II subdivision and the existing 061001 (Phase 1) project. However, it appears that the permittee failed to get a maintenance agreement for cost -sharing with the 061001 permittee. And on May 6, 2013, the regulated activity for the existing SW8 061001 permit was changed from High Density / Infiltration to Offsite treated in the BMP that serves SW8 130105. The permittee remains Craig Rigsbee and The Hammocks at Port Swansboro, LLC. This permit has not been transferred to the HOA. The Hammocks at Port Swansboro, LLC was administratively dissolved by the NCSOS in 2014. As of today, JEJ Investors, LLC needs to construct a second entrance/exit into the subdivision at the Town's request. The folks in Phase 1 (061001) are refusing to grant that access to JEJ Investors within the Phase I property, and JEJ Investors has in turn, threatened to modify their permit (130105) to exclude Phase I from their BMP and to make the owner of Phase I modify their 061001 permit from offsite back to high density and construct their own BMP, but they no longer have the space to do so. Without a legal agreement in place between the 2 entities, JEJ may be able to get that modification approved. Any advice on how we should proceed at this point? Thanks, Linda From: Frank Erwin [mailto:ferwin@essnc.com] Sent: Monday, August 08, 2016 11:01 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Follow up / The Hammocks at Port Swansboro / 2016 05 voidpermit 061001/ Stormwater Permit , Linda... Hope your summer has been good ... I wanted to follow up on this so that you would have current and correct information on this matter... The Hammocks at Port Swansboro HOA conducted its annual meeting on Saturday, August 6. Of those in attendance at the meeting, there appeared to be near unanimous member support for participating in ongoing maintenance costs for stormwater improvements which may be constructed to serve the existing development. However, there was no support expressed for granting access of any nature on the existing roadways of the subdivision to the developer of the adjacent property. The Board of Directors, newly elected at this meeting and during its first meeting together, agreed that further discussion of participating in ongoing maintenance costs for stormwater improvements is appropriate but the Board declined to consider granting access of any nature on the existing roadways. I will advise the attorney for the developer of the status today. I have been asked by the HOA to continue to be the point of contact for further discussions on this matter ... I will make myself available as is needed ... let me know if you need anything... Have a good w eek! ! Frank W. Erwin Board Certified Specialist in Real Property- Residential Erwin & Simpson, Attorneys, PLLC 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 Phone: 910 4551800 Email: ferwin(@essnc.com Fraud alert. Please call our office prior to wiring money to confirm our wiring instructions. true to the volume of fraudulent checks being passed in the U.S. aII funds greater than 000 must be WIRED to our trust account, CONFIDENTIALrl'Y NOTICE: The information contained in this facsimile message maybe Attorney Privileged and Confidential pursuant to Section 29 of the Rules and Regulations of the North Carolina State Bar. It is intended only for the use of the individual or entity named as recipient. If the reader is not the intended recipient, be hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the address shown above via the U.S_ Postal Service. IRS CIRCULAR 23o NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).Thank you. On Thu, Jun 2, 2016 at 10:27 AM, Frank Erwin < wrote: Linda... Thanks for your email below...I am sorry, I did not mean to take your time up on this ... I called and emailed just to let you know I was in the loop and the contact person for the HOA if you need me... It does not appear that Sol of the owners mO agree to allow a thoroughfare through Phase 1. If and when the Phase 2 developer requests a modification of his permit, then I suspect that we need to talk about what will happen. The entity which was the original developer and the holder of the Phase 1 permit (The Hammocks at Port Swansboro, LLC. ) was administratively dissolved by the Secretary of State in 2oo6 (see attached) so unless there is the regulatory ability to reach the individual owner of that defunct entity, I don't know who might have the responsibility or the cash to construct the permitted BMP. What is the next step there? There is no area in Phase 1 for the construction of the permitted BMP ...so if it will happen it will be by requirements made of the Phase 2 developer I suspect. The HOA is happy to contribute to the long term maintenance. It does appear that the Town of Swarlsboro allowed the development of the first (e)dsting project) phase without requiring that the permitted BMP be in place. The developer sold the remaining undeveloped property (to. the current Phase 2 developer) which includes the area upon which the permitted BMP for Phase i was to be built ... the Phase 2 developer bought with knowledge of that. Let me know if I can help... have a good weekend! 1! Frank W. Erwin Board Certified Specialist in Real Property- Residential Erwin & Simpson, Attorneys, PLLC 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 Phone: 910 455 180o Email: ferwin(&essnc.com Fraud alert; Please call our office prior to wiring money to confirm our wiring instructions. Due to the volume of fraudulent checks being passed in the U.S., all,&nds greater than 000 must be WIRED to our trust account. CONFIDENTIAIM NOTICE: The information contained in this facsimile message may be Attorney Privileged and Confidential pursuant to Section 29 of the Rules and Regulations of the North Carolina State Bar. It is intended only for the use of the individual or entity named as recipient. If the reader is not the intended recipient, be hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the address shown above via the U.S. Postal Service. IRS CIRCULAR 23o NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another parry any transaction or matter addressed in this communication (or in any attachment).Thank you. On Wed, Jun 1, 2016 at 5:22 PM, Lewis,Linda <linda.lewis@,,ncdenr.gov> wrote: Mr. Erwin; The more I read through all this, the more I believe the state has no dog in this fight. The Division can't force the Phase I lot owners to accept terms from the Phase II permitee, however, I can pass on some information to the Phase I lot owners that may help them understand the pros and cons of not approving the access. The letter from Attorney J. Dewey Edwards is a bit misleading as to what action the state will take. If JEJ Investors does apply for a modification to their Phase II permit and we do approve it to exclude the runoff from Phase I, we would not rescind the Phase I permit. The owner of the Phase I permit would be required to request a modification and/or change in regulated activity for the Phase I permit. If runoff from Phase I won't be treated in the Phase II permitted "offsite" BMP, then another BMP must be designed and constructed for Phase I. Essentially, the Phase I permittee got off easy when he failed to build the permitted BMP and JEJ Investors stepped up to assist them in resolving the noncompliance. The Phase I permittee can either come to terms with the Phase II permittee and give them the access they require, or Phase I will end up having to modify their permit to construct a suitably designed BMP to treat their runoff. Modifying the Phase I permit will not be cheap. An engineer would need to be engaged to design a high density BMP. Sufficient area would need to be set aside to accommodate the BMP. A contractor would need to be hired to construct the system. All these upfront costs and the long-term maintenance costs for the system would be shared by those few Phase I lot owners, instead of being spread out among all the Phase I and Phase II owners. The Phase 11 BMP is already permitted to treat runoff from Phase I. In exchange, it seems reasonable for the Phase I lot owners to approve the required access, but as I stated at the outset, that is not an issue covered by the stormwater rules. We are only involved if the lot owners fail to reach the. 80% mark, and changes are required to the current permits. Linda From: Frank Erwin [mailto:ferwin@essnc.com] Sent: Wednesday, June 01, 2016 4:28 PM To: Lewis,Linda <linda.lewisCa ncdenr.eov> Subject: The Hammocks at Port Swansboro / 2016 05 voidpermit 061001 Linda... Thanks for taking my call and discussing the various permits relating to this project with me. Your memory is indeed very good... it is hard sometimes to recall the details of these matters over time when a "cold call" comes in ! ! ! I have been asked to represent the Phase I section of The Hammocks at Port Swansboro, which, under the establishing documents is a separate subdivision and HOA. I am forwarding earlier email from Dave Newsome so you will have the earlier trail... As you will recall our conversation, the Town of Swansboro has required 2 separate entrance and exists for the Phase 2 project. As the Phase 2 project has been designed, one of those entrances is through the Phase 1 section and a request has been made to the existing owners. 8o% of the owners would have to agree to that and I am skeptical that 8o% will be obtained. So, I suspect that the Phase 2 developer will be unhappy to redesign his Phase 2 project. See the attached letter as to what they intend to do with the Phase 1 stormwater. The HOA is happy to participate in the cost of the maintenance with the wastewater improvements and we will communicate that to the Phase 2 developer. If you need anything, just let me know. Take care!!! Frank W. Erwin Board Certified Specialist in Real Property- Residential Erwin & Simpson, Attorneys, PLLC 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 Phone: 910 4551800 Email: ferwinPessnc.com On Tue, May 17, 2016 at 9:50 AM, David Newsom<crystalcoasteng_cgbizec.rr.com> wrote: See below..... From: Lewis,Linda [mailto:linda.lewiskncdenr.gov] Sent: Tuesday, May 17, 2016 9:45 AM To: David Newsom <crystalcoasteng&bizec.rr.com> Cc: Scott, Georgette <georgette.scottamcderingov> Subject: RE: 2016 05 voidpermit 061001 Mr. Newsom: According to the database, the Phase I permit SW8 061001 remains in the name of the developer, The Hammocks at Port Swansboro, LLC. Linda From: David Newsom[mailto:crystalcoasteng_(a,bizec.rr.coml Sent: Tuesday, May 17, 2016 8:37 AM To: Lewis,Linda <linda.lewiskncdenr.gov> Cc: Scott, Georgette <georgette.scottnncdenr.gov> Subject: RE: 2016 05 voidpermit 061001 Thanks so much. I have shared the voided permit with both the attorney for JEJ (developers of proposed Phase II) ....... and with the attorney for existing Phase I HOA. The HOA's attorney has asked the question, "Is the current permit for Phase I (i.e. the Offsite Permit SW8 061001 dated May 6, 2013) still in the name of the developer (Craig Rigsbee — The Hammocks at Port Swansboro, LLC)?..... or has it been transferred to the HOA"? I told him that according to my best info it is still in the name of the Developer.....but just want to confirm that is indeed the case. Thank you. From: Lewis,Linda [mailto:linda.lewiskricdenngov] Sent: Monday, May 09, 2016 9:16 AM To: David Newsom <crystalcoasteng_nbizec.rr.com> Cc: Scott, Georgette <georgette.scottkncdenr.gov> Subject: 2016 05 voidpermit 061001 Mr. Newsom: Here is a voided copy of the original permit for Phase I of Hammocks at Port of Swansboro. If you recall, this phase of the project was started, but the permitted infiltration system was not installed. When the Phase II came along (SW8 130105) a wet detention pond was provided which was sized to treat the runoff from both Phase I and Phase II. The regulated activity of the SW8 061001 permit was changed from HD to offsite and the permit was reissued on May 6, 2013. Linda JIMMY F. GAYLOR J. DEWEY EDWARDS, JR. WA L7'ER W - V ATCHER (1952 - 2012) GAYLOR EDWARDS & VATCBE, R, P.A. ATTORNEYS AT LAW PosT OFFICE Box 1057 JACKSONVILLE, NORTH CAROLINA 28541-1057 May 23, 2016 Frank W. Erwin Erwin & Simpson 825 Gum Branch Road, Suite 115 Jacksonville, NC 28540 Via Ernail Re: The Hammocks at Port Swansboro Dear Frank: Order;: 219 NEW BRIDGE STREET TI:I.EI'IIONIi: (910) 455-9494 FAX: (910) 455-0117 1_MAn.: deweyedwardsQgevlaw. com Due to the delay in finalizing a new agreement with The Hammocks at Port Swansboro Owners Association, Inc. (the "HOA") and your correspondence with the Town of Swansboro stating that an agreement may not be reached, JEJ Investors, LLC ("JEJ") is exploring the prospect of acquiring a secondary means of egress for its proposed development, other than over the streets in the existing Hammocks at Port Swansboro development (the "Hammocks"). If JEJ is able to obtain this alternative means of egress, which we are confident can be arranged, 1 believe it is important for you and the HOA to know the course of action JEJ will take and the likely consequences for the HOA and Hammocks owners. First, JEJ will apply for a modification of its Stormwater Management Permit #SW8 130105 to treat the stormwater runoff for only its proposed new development, It is my understanding that upon modification of JEJ's Permit, the Division of Water Quality ("DWQ") will rescind permit #SW8 061001 for the Hammocks since there will not be an off -site area for treatment of the stormwater runoff. At the time of submission of the permit modification application, JEJ will no longer allow the stormwater runoff from the Hammocks to drain onto the JEJ property and will redirect the existing drainage onto its property to the Hammocks. This will possibly block or clog the existing stormwater forcemain and result in potential flooding of the Hammock property, and damage to the stormwater pumps and collection system. It our understanding from DWQ that enforcement action for violation by the Hammocks of the stormwater runoff rules and regulations has not been initiated because of the existing off -site permit #SW8 061001. Once that permit is rescinded the HOA and Hammocks owners should be prepared to find some alternative ]Weans for stormwater treatment and submit an application fora new stormwater permit to avoid assessment of penalties by the North Carolina Department of Environmental Quality of up to $10,000.00 per day. In addition to the stormwater treatment problem, it is my understanding that the approval by the Town of Swansboro of the Hammocks in 2006 or 2007, required that a street from the Harmocks be extended to connect with Highway 24 within two (2) years. I am not sure what, if anything, the Town may do regarding there being only one (1) means of ingress and egress forthe Hammocks, and the connection not being made as required. As 1 am sure you know, residential single family projects with more than thirty (30) dwelling units are required under the State Fire Prevention Code to have at least two (2) means of access. r You may want to make the HOA and Hammocks owners aware that there may be repercussions to the owners for its project being in violation of that requirement. Remedial enforcement action for this violation may be instituted by the State Commissioner of Insurance, local fire official or Town of Swansboro. It is my understanding that the only plausible remedial options are either: (i) have all dwelling units equipped with automatic sprinkler systems, or (ii) obtain a secondary means of access. To be clear, if JEJ is able to obtain a secondary means of access to its proposed development over other property, there will be no agreement with the HOA. In that event there will be no future use of the JEJ property by the Hammocks for stormwater drainage or access without substantial monetary consideration to JEJ. cc: John L, Pierce Sincerely, keA� J. Dewey Edwards, Jr. . &, Casmer, Jo From: Casmer, Jo Sent: Thursday, March 10, 2016 8:24 AM To: 'Robert Blevins' Subject: RE: Hammocks at Port Swansboro Stormwater Permits Attachments: SW8 061001.pdf Attached as requested. From: Robert Blevins [mailto:Robert@ccmc-nc.com] Sent: Wednesday, March 09, 2016 3:14 PM To: Casmer, Jo <jo.casmer@ncdenr.gov> Subject: RE: Hammocks at Port Swansboro Stormwater Permits Good afternoon, Phase II has not been built as of yet so I believe it is SW8 061001. Thank you, V �✓�' / q Al Robert Blevins Association Manager and Broker ®�► �j Crystal Coast Management Consultants /� 62 P.O. Box 4455 V 1(t �"C Ii� 10 Emerald Isle, NC 28594 '7 10 I 252-354-6333 3 5 ✓ r Fax: 252-354-3750 3 b �,p�,, o i _ �k , ,'► www.ccmc-nc.com P'" t W 1 ✓� �,,�° �� o_ d VV DISCLAIMER: This email may contain information that ivconfidential, legally priegr o herwise exempt from disclosure and is intended solely for the use of the individual or entity named above. If you are not the intended recipient or person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, printing, forwarding, or use of any information contained in or attached to this communication is strictly prohibited. The sender believes that this email and any attachments do not contain any viruses, worms, and/or malicious codes when sent. This message and its attachments could have been infected during transmission. By reading this message and opening the attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. From: Casmer, ]o fmailto:io.casmer0ncdenr.gov] Sent: Wednesday, March 09, 2016 3:10 PM To: Robert Blevins SubjeW. Hammocks at Port Swansboro Stormwater Permits Robert In response to your voicemail left earlier today, I have found two permits in the database: Hammocks at Port Swansboro: SW8 061001 Hammocks at Port Swansboro Phase II: SW8130105 1 Do' know which of these you need? Jo Casmer Administrative Assistant for DEMLPJStormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io.casmer+0ncdenrxi 127 Cardinal Drive Extension Wilmington, NC 28405 -,-"Noth%rg Compares .- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Anthony C Rigsbee The Hammocks at Port Swansboro, LLC (0838007) 18 Schooner Drive Swansboro, INC 28584 State of North Carolina Department of the Secretary of State CERTIFICATE OF ADIVHNISTRATIVE DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that The Hammocks at Port Swansboro, LLC has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57D-6-06 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G_S_ Section 57D-6-06 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57D-6-06. This the 4th day of March, 2014 Elaine F. Marshall Secretary of State Document Id: C201406301496 SOSID: 1342810 Date Filed: 10/14/2013 2:13:00 PM Elaine F. Marshall North Carolina Secretary of State ARTICLES OF INCORPORATION C2013 287 00019 FOR 1,Ar HAMMOCKS AT PORT OF SWAFvSBORO PHASE II HOA, INC. Pursuant to General Statute Section 55A-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purpose of forming a non- profit corporation. 1. The name of the corporation is THE HAMMOCKS AT PORT OF SWANSBORO PHASE II HOA, INC.. 2. The principal office address and county of the corporation is 405 Johnson.Boulevard, Jacksonville, North Carolina-28540, Onslow County. 3. The street address and county of the initial registered office of the corporation is 405 Johnson Boulevard, Jacksonville, North Carolina 28540 Onslow County. The name of the initial registered agent at this address is Betty Bullock. 4. The mailing address of the initial registered office is P.O. Box 1685, Jacksonville, North Carolina 28541. 5. The members of the corporation shall be the owners of the residential building lots in the residential subdivision of The Hammocks at Port of Swansboro, Phase II, a Planned Residential Community in Swansboro Township, Onslow County, North Carolina, described or to be described on a map or maps of said subdivision in the Office of the Register of Deeds of Onslow County, North Carolina. 6. The name and address of the incorporator is J. Dewey Edwards, Jr., 219 New Bridge Street, Jacksonville, North Carolina 28540. 7. Upon dissolution of the corporation, alliiabilities and obligations of the corporation shall be paid and discharged, or adequate provisions shall be made therefor, and the remainder of the corporation's assets shall be transferred and conveyed to the then individual owners of lots in The Hammocks at Port of Swansboro, Phase U subdivision described above, as may be expanded by annexation of additional sections, as tenants in common. 8. These articles will be effective upon filing. This the 9t` day of October, 2013. J. Edwards Jr. In�fey orator