HomeMy WebLinkAboutSW8170721_HISTORICAL FILE_20220525 (3)STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 �7 D-1 2
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
ZOZZ 05 zS
YYYYMMDD
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD
Hay, Patricia
From: Hay, Patricia
Sent: Wednesday, May 25, 2022 11:02 AM
To: dlogan@logandevelopers.com; tclinkscales@paramounte-eng.com
Cc: Pusey, Steven; Burd, Tina J; Weaver, Cameron
Subject: Express permit SW8 170721 Transfer
Attachments: SW8 170721 O & M Agreement.pdf; SW8 170721 Attachment A Designer Cert.pdf; SW8
170721 Permit.pdf; SW8 170721 Sloop Point letter 05.25.2022.pdf; SW8 170721
Application.pcif; SW8 170721 Compliance Inspection Report.pdf
Please see attached documents.
Best regards,
Patricia
Patricia Fuller Hay
Office Manager
Wilmington Regional Office Contact List
Division of Environmental Assistance & Customer Service Check out our DEACS Annual Reoort 2020
NC Department of Environmental Quality
For spills or other environmental emergencies after hours, contact Emergency Management@800-858-0368.
Based on the current guidance to minimize the spread of COVID-t9, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.
Phone 910 796 7404
Email Patricia. HaV(cDncdenr.gov
Courier #04-16-33
Fax 910-350-2004 and 910-350-2018
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, INC 28405
II II�IIIlI81111111111
Doc Not: 2009n66
Recorded: 02/1512022 04 06:45 PM
Fee Amt%928.00 'Page 1 of 4
Pander County North Carolina
Sharon Lear Willoughby,. Register o/ Deeds
SK 4779 PG 2283 - 2286 (4)
Operation and Maintenance Agreement
Permit SW8170721
Lewis Road Dry Stack
TINA BALL /
ECEIVE
FEB 2 2 2022
BY.'-
6k 4779
Operation & Maintenance Agreement Pg 2284 ;}
Lewis Rd Dry Stack
Hampstead, NC PENDER County S W$ 17 0 7 2 1
Prepared By: Tim Clinkscales, PE PLS, Paramounte Engineering Inc
location, Any deficient BMP elements noted in the inspection At be corrected, repaired, or replaced Immediately. These
deficiencies can affect the integrity of structures, safety of the public, and the po/utant removal efficiency of the BMP(s).
The BMP(s) on this project include (check all that apply
Bioretenlion Cell Quantil
Dry Detention Basin
Quantity:
Grassed Swale
Quantity:
Green Roof
Quantity:
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Level SpreaderNFS
Quantity:
Permeable Pavement
Quantity:
Proprietary System
Quantity:
Rainwater Harvesting
Quantity:
Sand Filter
Quantity,;
Slormwaler Wetland
Quantity:,,
Wet Detention Basin
Quantity;;
Disconnected Impervious Area
Present:
Soil Amendments
Present:
O&
I acknowledge and agree by my signature below that am responsible for the performance of the maintenance procedures listed
for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any
changes to the system or responsible party.
Responsible Party
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Signature:
County of
personally appeared before me this
Sloop Point Marina Owners Association, Inc.
D I Logan ! Director
60 Gregory Rd, Suite 1
Belville INC 28451
910-3323524
msanto3@loganhomes.com
-- Date:
a Notary Public for the State of 1
do hearby certify that
R _
day of 6ika YtA and ^
acknowledge the due execution of the Ope lions and Maint nance Agreement .
y a� .
Witness m hand and official seal, U .L
Kris r Case
NOTA Y PUBLIC
Brunswi County, NC
My Commission Expire August 06, 2026
� zivzozz
O&M Manual �_+ �.y. ;j; Page 1 yr�3
Seal My commission expires ek 47T9
Pg 2285
a
STORM-EZ
Version 1.4 '
5 W Q 170771
f _
202022
O&M Manual I Page Yof 3
Sw ?' 170-7 Z 1
At all times, the pavement shall be kept free of:
Debris and particulate matter through frequent blowing that removes such debris, particularly during the fall and
- spring. ek 4T79
Piles of soil, sand, mulch, building materials or other materials that could deposit particulates on the pavement. Pg 2286
Piles of snow and ice.
Chemicals of all kinds, Including deicers.
The permeable pavement will be inspected once a quarter. Records of operation and maintenance will be kept in a known set
location and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potentialproblem:
How to remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, then plant ground
permeable pavement
erosive gullies
cover and water until established.
A vegetated area drains
Regrade the area so that it drains away from the pavement, then plant
toward the pavement.
ground cover and water until established.
The Inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the Swale If necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is dogged or
Remove sediment and replace with dean stone.
covered in sediment (if
applicable).
The surface of the
Trash/debris present
Remove the trash/debris.
permeable pavement
Weeds
Do not pull the weeds (may pull out media as well). Spray them with a
systemic herbicide such as glyphosate and then return within the week
to remove them by hand. (Another option is to pour boiling water on
them or steam them.)
Sediment
Vacuum sweep the pavement.
Rutting, cracking or slumping
Consult an appropriate professional.
or damaged structure
Observation well
Water present more than five
Clean out clogged underdrain pipes. Consult an appropriate
days after a storm event
professional for dogged soil subgrade.
Educational sign
Missing or is damaged.
Replace the sign.
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
jContact the local NC Department of Environment and Natural
damage have occurred at the
Resources Regional Office.
cutlet.
STORM-EZ 212=22
Version 1.4 O&M Manual Page 3 of 3
Pusey, Steven
From: Tim Clinkscales <tclinkscales@paramounte-eng.com>
Sent: Tuesday, February 22, 2022 1:30 PM
To: Pusey, Steven
Subject: RE: [External] RE: Additional Info for SW8 170721 - Sloop Point Marina
Attachments: DOC.pdf
[ AUTION: Eztemal email. Do not dick links or open attachments unless you verify. Send all suspicious email as an attachment to
Re art Spam.
Let me know if this is good
Thanks
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: (910) 791-6707
CELL: (910) 520-1991
FAX: (910) 791-6760
www.paramounte-eng.com
From: Pusey, Steven <steven.pusey@ncdenr.gov>
Sent: Tuesday, February 22, 2022 1:11 PM
To: Tim Clinkscales <tclinkscales@paramounte-eng.com>
Subject: RE: [External] RE: Additional Info for SW8 170721- Sloop Point Marina
Just a reminder that the recorded copy of the O&M Agreement must be submitted by Friday,
2/25/22. Otherwise, we will be returning the application as incomplete. Please advise.
Thanks,
�. P
Steven G. Pusey
Environmental Engineer 11
Di6sion of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
Wilmington Regional Office
127 Cardinal Drive Est., Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910) 796-7331
Email: Steven puseygncdenngov
;D_EQ.
Emoil correspondence to and from this address is subject to the
North Carolina Public Records Low and maybe disclosed to third parties.
From: Tim Clinkscales <tclinkscales(o)paramounte-ene.com>
Sent: Tuesday, February 15, 2022 11:24 AM
To: Pusey, Steven <steven.pusey@ncdenr.gov>
Subject: [External] RE: Additional Info for SW8 170721 - Sloop Point Marina
CAUTION: External email. Do not dick links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
If not recorded, will be done today or tomorrow
Thanks
Tim Clinkscales PE, PLS
PARAMOUNTE ENGINEERING, INC
122 Cinema Drive
Wilmington, NC 28403
OFFICE: (910) 791-6707
CELL: (910) 520-1991
FAX: (910) 791-6760
www.i)aramounte-eng.com
From: Pusey, Steven <steven.puseyPncdenr.eov>
Sent: Tuesday, February 15, 2022 11:17 AM
To: Tim Clinkscales <tclinkscalesPparamounte-enR.com>
Subject: Additional Info for SW8 170721- Sloop Point Marina
Ti m,
Were you able to get the 0&M Agreement recorded with Fender County? Reference my last email sent on
Friday, 2/11/22.
I know this is a hassle but it is a requirement according to the Rules that the O&M be recorded with the
County before we can transfer the permit. Reference 15A NCAC 02H.1045(2)(d) which states that a copy of a
signed and notarized operation and maintenance agreement from the proposed permittee must be
submitted. We now have that.
However, there is another rule 15A NCAC 02H.1050(11) that requires the O&M Agreement to be
recorded. See this rule below:
OPERATION AND MAINTENANCE AGREEMENT. The owner of the SCMs shall enter into an Operation and
Maintenance (0&M) Agreement with the party responsible for implementing the stormwater program under
which the SCMs were approved. The O&M Agreement shall require the owner to maintain, repair, or
reconstruct the SCMs in accordance with the approved design plans and the O&M Plan. The O&M Agreemen
II be referenced on the final plat and shall be recorded with the county Register of Deeds upon final
rovaof no subdivision plat is recorded for the site,ll emthe 0&Nl Agreement shall be recorded with
ntv Register of Deeds so as to aooear in the chair' of title of all subsequent purchasers
Also, Is the 0&M Agreement referenced on the final plat? Since this project is not a subdivision, there is
probably not one recorded. So, reference line above that states "If no subdivision plat is recorded ..."
So, if it is not possible to record the O&M Agreement in a short time frame, the proposed owner, Sloop Point
Marina Owners Assn., can check the box in Section F of the transfer application that would allow the permit to
be transferred under a "plan of action." Then, the permittee can sign a "plan of action" letter (aka "Schedule
of Compliance") letter stating that he will record the 0&M Agreement by a certain date. Note that the signed
letter must be sent by mail or hand delivered to our address, so that we have the original, signed copy.
Thanks,
�. P.4,
Steven G. Pusey
Environmental Engineer 11
Division of Enerfry, Mineral and Land Resources
State Stonnwater Program
North Carolina Department of Environmental Quality
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910) 796-7331
Email: steven.pusey(0)ncdenr.gov
D_E Q
Email correspondence to and from this address is subject to the
North Carolina public Records Law and maybe disclosed to third parties.
Pusey, Steven
From: Pusey, Steven
Sent: Thursday, January 27, 2022 6:02 PM
To: Clinkscales, Tim
Cc: dlogan@logandevelopers.com
Subject: FW: Request for Additional Info for SW8 170721 - Sloop Point Marina
Tim, FYI.
I forgot to cc you on this request for additional information, so here it is now. I would appreciate
your earliest response.
Thanks,
Steve
5ibvon. j. P-4. ,
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910) 796-7331
Email: steven.puseyynancdenr.gov
EQ
Email correspondence to and from this address is subject to the
North Carolina Public Records law and may be disclosed to third parties.
From: Pusey, Steven
Sent: Thursday, January 27, 2022 5:42 PM
To: 'dlogan@logandevelopers.com' <dlogan@logandevelopers.com>
Subject: Request for Additional Info for SW8 170721- Sloop Point Marina
Dear Mr. Logan:
In order to transfer the permit to Sloop Point Marina Owners Association, I will need for you to
submit a signed and notarized O&M Agreement in the name of Sloop Point Marina Owners
Association. Please reference rule 15A NCAC 02H.1045(2)(d). This is simplest option.
Alternately, the proposed owner, Sloop Point Marina Owners Assn., can check the box in Section F
that would allow the permit to be transferred under a plan of action. If you can modify the
application by checking that box, and submit a plan of action to get that O&M Agreement signed,
notarized, and submitted, then we can transfer the permit.
Please don't hesitate to contact me with 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
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910) 796-7331
Email: steven.pusev(,—vncdenr.gov
iE
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Pusey, Steven
From: Pusey, Steven
Sent: Thursday, January 27, 2022 5:42 PM
To: 'dlogan@logandevelopers.com'
Subject: Request for Additional Info for SW8 170721 - Sloop Point Marina
Dear Mr. Logan:
In order to transfer the permit to Sloop Point Marina Owners Association, I will need for you to
submit a signed and notarized O&M Agreement in the name of Sloop Point Marina Owners
Association. Please reference rule 15A NCAC 02H.1045(2)(d). This is simplest option.
Alternately, the proposed owner, Sloop Point Marina Owners Assn., can check the box in Section F
that would allow the permit to be transferred under a plan of action. If you can modify the
application by checking that box, and submit a plan of action to get that O&M Agreement signed,
notarized, and submitted, then we can transfer the permit.
Please don't hesitate to contact me with any questions.
Regards,
9w �. 1p-0�7.
Steven G. Pusey
Environmental Engineer II
Division of Energy, Mineral and Land Resources
State Stormwater Program
North Carolina Department of Environmental Quality
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, NC 28405
Office: (910) 796-7215
Direct: (910) 796-7331
Email: steven.ousevnncdenr.eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Compliance Inspection Report
Permit: SW8170721 Effective:08125/17 Expiration: 08/25/25
Project: Lewis Road Dry Stack
Owner: Hampstead Investment Holdings LLC
County: Pander
Region: Wilmington
Contact Person: D I Logan Title:
Directions to Project:
3000' from intersection of Sloop Point Road and Lewis Road.
Type of Project: State Stormwater - HD - Other
Adress: 579 Lewis Rd
City/State/Zip: Hampstead NC 28443
Drain Areas: 500 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
501 - (Intracoastal Waterway) (03-06-24 ) ( SA;HOW)
502 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
503 - (Intracoastal Waterway) (03-06-24 ) ( SA;HOW)
On -Site Representative(s):
Related Permits:
Inspection Date: 12/29/2021 Entry Time 11:50AM
Primary Inspector: Trentt James
Secondary Inspector(s):
Steven G Pusey
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: M Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone:
Exit Time: 12:50PM
Phone:
Inspection Type: Transfer Renewal
page 1
Permit: SW8170721 Owner - Project: Hampstead Investment Holdings LLC
Inspection Date: 12/29/2021 Inspection Type Transfer Renewal
Reason for Visit:
Other
Inspection Summary:
This site meets the minimum requirements for compliance with the permit.
File Review
Yes
No NA NE
Is the permit active?
0
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
0
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
0
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑
❑ 0 ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ®❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑ 0
provided to DWQ upon request?
Comment: There were some areas with sediment buildup where we recommend the use of a regenerative
air street sweeper to vacuum it up See O&M Agreement and permeable pavement section of
Design Manual (on website) for further details.
page 2
Burd, Tina J
From:
Burd, Tina J
Sent:
Monday, November 8, 2021 1:49 PM
To:
D Logan
Subject:
SW8 170721 - Lewis Road Dry Stack
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 November 4, 2021. 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
DEQ��
Email cot'respoodence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Website: http://deg.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-tq, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.
Burd, Tina J
From: Burd, Tina J
Sent: Monday, November 8, 2021 1:50 PM
To: 'Tim Clinkscales'
Subject: FW: SW8 170721 - Lewis Road Dry Stack
From: Burd, Tina 1
Sent: Monday, November 8, 2021 1:49 PM
To: D Logan <dlogan@loganhomes.com>
Subject: SW8 170721 - Lewis Road Dry Stack
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 November 4, 2021. 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 correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Website: htto://den.nc.goy/about/divisions/energy-mineraI-land-resources/stormwater
Based on the current guidance to minimize the spread of COVID-t9, the Department of Environmental Quality has adjusted
operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered
shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We
appreciate your patience as we continue to serve the public during this challenging time.
PARAMOUNTE
E N G 1 N E E R I N G. 1 N C.
1 22 CINEMA DRIVE
W I L M I N G T O N, N C 2 8 4 0 3
9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F)
n n c W u A N Q M I T T A I.
NOV 0 q 2021
l
To:
NCDEQ
Date:
11/4/21
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: I
Lewis Drystack Facilit
Transfer and Certification
Attn
Project No.
16380.PE
e are sendin ❑ Originals
he following items: ❑ Correspondence
❑ Prints ❑ Shop Drawings ❑ Calculations
® Plans ❑ Specifications ❑ Other as listed below
Quantity
Date
Dw . No.
Description
2
Original and Copy of Transfer Permit
1
Certification
1
Check
I
Original Permit
1
Deeds
I
Recorded Declaration
I
Owners Articles of Incorporation
Issue Status: ❑ For Approval ® As Requested ❑ Construction ❑ Bid
❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks
Ilion Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit
❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other
Remarks:
Cc:
Signed.
Tim Clinkscales PE PLS
Transfer Application Completeness Review Checklist - Short Version
Permit #: pSt,� bi �7d 7 y I Date Delivered to WIRO: 0 / p 2
Project Name: LGr-)LS ,C`A� �/eftG Y STIC— BIMS Received/Accepted Date: /1 Z.OV
Project County/Location: BI MS Acknowledged Date': 8 1
Permit Expriation Date* Oj o *If w/in 6 mo, STOP -needs renewal first. G.wert �p 1L�rn.ld
Exception: only new permittee is submitting. ((/5[21
Proposed Permittee Type & Documents Needed:
V�IpropertyOwner(s) "Purchaser "Lessee
Viable? Viable? Viable?
Deed H-1 Purchase Agmt Lease
Not Subdivided: Deed
Subdivision: Common Area Deed
Current Permittee Signed Application?
If not, Dissolved/No Longer Owns Y / N
Property/Not Living
Proposed Permittee Signed Application? Y
Paperwork
Application
®Fee:
®$505 (within 6mo) Check#(s): �3(7
Deed Restrictions, if subdivided:
.MPE Certification
Project Narrative
Easements, Recorded (2017 Rules)
MO&M on File (unless new one from HOA)
Electronic Copies
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME: 151"
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2020 0131
Developer
Election Minutes
E:150% Sold List (only if HOA doesn't sign)
Common Area Deed in HOA's Name
ElDeed Restrictions Recorded
nPE Certification
Summary
(If HOA Signed Application)
IMAa ,qceA�., I
SY4�1
SAME MCMaFF,
4 202,
ARTICLES OF
INCORPORATIONOF
SOSID: 2254578
Date Filed: 8/20/2021 2:57:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C2021 232 00784
SLOOP POINT MARINA OWNERS ASSOCIATION, INC.
(A NONPROFIT CORPORATION)
In compliance with the requirements of Chapter 55A of the General Statutes of North
Carolina (the "Nonprofit Act'), the undersigned being of the age of eighteen years or more, does
hereby make and acknowledge these Articles of Incorporation for the purpose of forming a
nonprofit corporation and does hereby certify:
ARTICLE I
NAME
The name of the Corporation is SLOOP POINT MARINA OWNERS ASSOCIATION,
INC. (the "Corporation").
ARTICLE II
DURATION
The period of duration of the Corporation shall be perpetual.
ARTICLE III
NONPROFIT STATUS
The Corporation is not organized for and shall not operate for pecuniary gain or profit.
TheCorporation shall not have capital stock, and no stock or shares shall be issued. No part of
the netincome or net assets of the Corporation shall inure to the benefit of its officers, directors,
or members, or to any other private individual. It is intended that the Corporation shall qualify
as anorganization which is exempt from income taxes under the Internal Revenue Code and
other applicable laws of the United States and the State of North Carolina, as the same may be
amendedfrom time to time.
ARTICLE IV
PURPOSES
The purposes and objects of the Corporation for which it is formed relate to a certain dry
dock storage facility (the "FaCili ") located in Hampstead, Pender County, North Carolina, that
initially is or will be subject to the terms and provisions of the Declaration of Covenants,
Conditions and Restrictions of Sloop Point Marina Owners Association (the "Declaration") to
be filed on or after the datehereof, said purposes being more specifically described as follows:
A. To acquire and own and to provide for the administration, operation,
management, maintenance, and preservation of said Facility and all of its boat bays, common
areas,rights-of-way, fixtures, appurtenances, and other amenities;
B. To undertake the performance of the acts and duties incident to the administration
of the operation, management, and maintenance of said Facility and all of its boat bays, common
areas, rights -of -way, fixtures, appurtenances, and other amenities; and
C. To promote the health, safety, and welfare of its members, all in accordance with
these Articles of Incorporation, the Bylaws of the Corporation, and the Declaration.
ARTICLE V
POWERS
The Corporation shall have the following powers:
A. The Corporation shall have and to exercise any and all powers, rights, and
privileges which a corporation organized under the Nonprofit Act by law may now or hereinafter
have or exercise in furtherance of the purposes set forth in Article IV above.
B. In furtherance of and without limitation of the foregoing, the Corporation shall
haveall the powers and privileges reasonably necessary and available under the Nonprofit Act
to implement and effectuate the purposes of the Corporation as set forth in the Declaration
applicableto said Facility, including, but not limited to, the following:
i. To own and hold said Facility and all of its boat bays, common areas,
rights -of -way, fixtures, appurtenances, and other amenities, and all other interests in
facilities which may be placed under the control of the Corporation, and to make the
same available for the use, enjoyment, health, safety and welfare of the members of the
Corporation;
ii. To make, adopt and establish reasonable rules and regulations governing
the use of the Corporation's property and facilities;
iii. To fix, levy, and collect assessments against and from members of the
Corporation to defray the common expenses of the Corporation as may be provided in
these Articles of Incorporation, the Bylaws of this Corporation which may be hereafter
adopted, and the Declaration referred to hereinabove, including the right to levy and
collect assessments for the purposes of acquiring, operating, leasing, managing, and
otherwise trading and dealing with such property, whether real or personal, which may
be necessary or convenient in the operation, management, and maintenance of the
Facility and all of its boat bays, common areas, rights -of -way, fixtures, appurtenances
and other amenities and in accomplishing the purposes set forth in these Articles of
Incorporation;
iv. To fix, levy and collect penalties, fines, and other charges as provided by
the Declaration, Bylaws, and such rules and regulations as may be adopted by the
Corporation;
V. To maintain, repair, replace, operate and manage said Facility and all of
P
its boat bays, common areas, rights -of -way, fixtures, appurtenances and other
amenities, as well as any other property of the Corporation, including the right to
reconstruct improvements after damage or casualty and to make further improvements
of the property of the Corporation, and to make and enter into any and all contracts
necessaryor desirable to accomplish said purposes;
vi. To enforce the provisions of the Declaration, these Articles of
Incorporation, the Bylaws of the Corporation which may be hereafter adopted, and the
mlesand regulations goveming the use of the Corporation's property as the same may be
hereafter established;
vii. To exercise, undertake, and accomplish all of the rights, duties and
obligations which may be granted to or imposed upon the Corporation pursuant to the
Declaration, these Articles of Incorporation, the Bylaws of the Corporation which may
behereafter adopted, and the rules and regulations governing the use of the Corporation's
property as the same may be hereafter established; and
viii. To contract for the management of the Facility and to delegate to such
managing agent or contractor all of the powers and duties of the Corporation (except
those which may be required by the Declaration to have approval of the Board of
Directors or membership of the Corporation).
ARTICLE VI
MEMBERSHIP
A. Qualifications. The Corporation hereby formed shall have no capital stock and
-shall be composed of members rather than shareholders. Membership in the Corporation shall
be limited to such persons, firms, or corporations as the Declaration and/or Bylaws shall
prescribe.
B. Class. The classes of membership and all of the rights, benefits, duties,
andobligations of membership within each such class shall be prescribed by the Declaration
and/or Bylaws.
C. Transfer. The transfer, assignment, or encumbrance of a membership and any
rights incident thereto shall be governed by the Declaration and/or Bylaws.
D. Voting. On all matters which the membership shall be entitled to vote, each
membershall have the number of votes allocated to his membership(s) as are specified in the
Declaration.The vote(s) of each such membership may be cast or exercised by the owner or
owners of each membership in such manner as may be provided in the Bylaws hereafter adopted
by the Corporation.
ARTICLE VII
BOARD OF DIRECTORS
3
A. Number. The initial Board of Directors of the Corporation shall consist of three
(3)members. The number of members of succeeding Boards of Directors shall be as provided
from time to time by the Bylaws of the Corporation.
B. Initial Board of Directors. The names and addresses of the persons who shall
serveon the initial Board of Directors and hold such office until the first annual meeting of the
membership or until their successors are elected and qualified are as follows:
D. Isbell Logan
60 Gregory Rd NE Ste 1
Bellville, NC 28451
Daniel E. Smith
1838 Sir Tyler Dr, Ste 210
Wilmington, NC 28405
Kevin J. Smith
1838 Sir Tyler Dr, Ste 210
Wilmington, NC 28405
C. Election. The members of the Board of Directors shall be elected by the members
of the Corporation at the annual meeting of the membership as provided by the Bylaws of the
Corporation.
ARTICLE VIII
OFFICERS
A. Election. The Board of Directors shall elect a President, Vice President,
Secretary, and Treasurer, and as many Assistant Secretaries and Assistant Treasurers as the
Board of Directors shall determine. The same person may hold two offices, the duties of which
are not incompatible; provided, however, that the offices of President and Vice President shall
not be heldby the same person, nor shall the offices of President and Secretary or Assistant
Secretary be heldby the same person.
B. Management. The affairs of the Corporation shall be managed by the President
of the Corporation, assisted by the Vice President, Secretary and Treasurer, and, if any, the
Assistant Secretaries and Assistant Treasurers, subject to the directions of the Board of Directors.
The Boardof Directors, or the President with the approval of the Board of Directors, may employ
a managing agent and/or such other managerial and supervisory personnel or entities to
administer or assist inthe administration of the operation and management of the affairs of the
Corporation.
ARTICLE IX
REGISTERED OFFICE AND AGENT, PRINCIPAL OFFICE
The initial street and mailing address for the registered office of the Corporation and the
4
principal office of the Corporation is located at 60 Gregory Road, Suite I, Belville, Brunswick
County, North Carolina 28451, and the name of the initial registered agent of the Corporation at
such address is D. I. Logan.
ARTICLE X
BYLAWS
The original Bylaws of the Corporation shall be adopted by the Charter Member of the
Corporation (as said Charter Member is more particularly described in the Declaration).
Thereafter, such Bylaws may be altered or rescinded in such manner as said Bylaws may provide.
ARTICLE XI
AMENDMENT
Amendments to these Articles of Incorporation shall be made in accordance with the
provisions of Chapter 55A, Article 10, of the North Carolina General Statutes, as the same may
be amended or modified from time to time. Any number of amendments may be submitted and
voted upon at any one meeting of the members. Provided, however, that no amendment is hereby
authorized, and nosuch amendment shall be valid or enforceable, which in any way alters,
modifies, amends, or in any fashion affects or diminishes the rights, easements or benefits of the
Charter Member (or anyterms, conditions, benefits or provisions of Charter Memberships) as
set forth in these Articles or in the Declaration, Bylaws, and/or rules and regulations issued by
the Corporation, unless such amendment shall have been consented to in writing by the Charter
Member.
ARTICLE XII
INDEMNIFICATION
No director shall have personal liability arising out of an action whether by or in the right
of the Corporation or otherwise for monetary damages for breach of any duty as a director;
provided, however, that the foregoing shall not limit or eliminate the personal liability of a
director with respect to (i) any acts or omissions that the director at the time of the breach knew
or believed wereclearly in conflict with the best interests of the Corporation, (ii) any liability of
such director arisingunder sections 55A-8-32 or 55A-8-33 of the General Statutes of North
Carolina in connection withany loan, guaranty or other form of security made or provided by the
Corporation to or for the benefit of any of the directors or officers of the Corporation, other than
loans, guaranties or otherforms of security made to full-time employees of the Corporation who
are also directors or officersof the Corporation by action of the board of directors in accordance
with the provisions of section55A-8-31(a)(1) of the General Statutes of North Carolina, (iii) any
transaction from which such director derived an improper personal financial benefit (other than
reasonable compensation or other reasonable incidental benefit for or on account of such
director's services as a director, trustee, officer, employee, independent contractor, attorney or
consultant of the Corporation), or (iv) any acts or omissions occurring prior to the effectiveness
of this Article. Furthermore, notwithstanding the foregoing provisions, in the event that Section
55A-2-02 or any otherprovision of the North Carolina General Statutes is amended or enacted to
permit further limitationor elimination of the personal liability of the director, the personal
liability of the Corporation's directors shall be limited or eliminated to the fullest extent
permitted by the applicable law. This Article shall not affect a provision permitted under the
North Carolina General Statutes in the articles of incorporation, Bylaws, or contract or
resolution of the Corporation indemnifying or agreeing to indemnify a director against personal
liability. Any repeal or modification of this Article shall not adversely affect any limitation
hereunder or the personal liability of the director with respect to acts or omissions occurring
prior to such repeal or modification.
ARTICLE XIII
DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon dissolution of the Corporation, and to the extent permitted (and in the manner
required by) the Nonprofit Act, the assets thereof may, after all of its liabilities and obligations
have been discharged or adequate provision made therefore, be distributed to the members or
distributed to any association or associations organized for purposes similar to those set forth in
Article IV above, all in accordance with any further provisions of the Bylaws, as may be more
particularly provided in the Bylaws of the Corporation.
ARTICLE XV
INCORPORATOR
The name and address of the incorporator of this Corporation is Robbie B. Parker, Lee
Kaess PLLC, 3414 Wrightsville Avenue, Wilmington, New Hanover County, North Carolina
28403.
IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws
ofthe State of North Carolina, the undersigned incorporator has hereunto set his hand and seal,
this the /gKday of tL)r 2021.
Robbie B. Parker, Incorporator
me
----- ------- ------ — - -
III IIIIIIIIIIII(fllilnlllllll III
Dec No: 200a9862
ReCorded: 09/07/2021 03:1102 PM
Fee Annt: $26.00 Page 1 of
Excise Tax: s000
Pander County North Carolina
Sharon Lear Willoughby, Register of Deeds
eK 4764. PG 389 - 392 (4)
1, Yy d -
NOV 0 4Y2t02,
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $0.00
Parcel Identifier: 4224-01-5894-0000 and 4224-01-5093-0000
Verified by Pender County on the _ day of .2021
I/Box to: Lee Kaess, PLLC
This instrument was prepared WITHOUT TITLE EXAMINATION by: Lee Kaess, PLLC
Brief description for the Index: Pt Tract 1 & 2 of the Eva Lewis Lands
THIS DEED is made this _ day of 2021, by and between
GRANTOR
GRANTEE
SLOOP POINT VENTURES, INC., SLOOP POINT MARINA OWNERS
a North Carolina corporation ASSOCIATION, INC.,
I$;t SY✓116ir,pnv1, t Sk.1ld aNorth Carolina non-profit corporation
LjtlrMrN s(-.IN
6
tJC 2g'{0S �J1 Oleondw Otivu
w0mirigr,, Nc 21463
The designations Grantor and Grantee as used herein shall include the parties, and their successors and assigns
WITNESSETH:
Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents
does grant, bargain, sell and convey unto Grantee in fee simple all those certain lots or parcels of land situated in Pender
County, North Carolina and more particularly described as follows:
See "Exhibit A"
All or a portion of the property herein conveyed ( ) includes or ( X ) does not include the primary residence of Grantor.
9k 4764
Pg 390
TO HAVE AND'r0 HOLD the above -described property and all privileges and appurtenances thereto belonging to Grantee
in fee simple.
And Grantor covenants with Grantee, that Grantor has done nothing to impair such title to the Property as Grantor received,
and Grantor will warrant and defend the title to the Property against the lawful claims of all persons claiming by, under or
through Grantor, other than the following exceptions:
1) Ad valorem taxes for the year 2021 and subsequent years.
2) Easemcnts and rights -of -way of record and any other matters recorded in the Pender County Register of
Deeds as of the date hereof.
3) All applicable zoning and land use ordinances, statutes, building codes and regulations.
[SIGNATURE APPEARS ON FOLLOWING PAGE)
6k 4764
Pg 391
IN WITNESS WI IEREOE, Grantor has duly executed the foregoing as of the day and year first above written.
POINT VF,NTURES, INC.,
By: P / I 1 /
Name: Daniel E. Smith
Title: President
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person, DANIEL E. SMITH, personally appeared before me this day, acknowledging to
me that he signed the foregoing document for the purpose stated therein and in the capacity indicated.
This 1 day of 2021.
aIt A kb�cfa.
Notary's Signature
•
MAURAA PATTON
Notary Public- North Carolina
New Hanover County
MQU. %t ffiC
lPa
my Commission Expires Apr 5, 2024
WW
Print/Type Notary's Name
My Commission Expires: 4p� ?.=u
(SEAL)
Bk 4764
Pg 392
EXHIBIT A
Legal Description
Lying and being situate in Pender County, North Carolina, and being more particularly described
as follows:
Located in Topsail Township, Pender County, North Carolina, and being more particularly
described as follows:
All of that tract or parcel of land located in Topsail Township, Pender County, North
Carolina, being a combination of Tract 1 & 2 as recorded in a Deed to Hampstead Investment
Holdings, LLC in Deed Book 4632 at Page 1798 and as shown in Map Book 15 at Page 80; said
parcel being more particularly described as follows:
Beginning at an iron pipe located on the northeasterly line of Lewis Road — SR 1564 and
the northwestern owner of Tract 2 of the Mrs. Eva Lewis land division as shown on Map Book 15
at Page 80;
Thence along the dividing line between Tract 2.and Tract 5 as shown on the map recorded
in Map Book 15 at Page 80 North 46' 19' 00" East a distance of 163.48 feet to an iron pipe
located on the northeastern line of Tract 2, also being in the dividing line between Tract 3 and
Tract 2 as shown upon the map at Map Book 15 at Page 80;
Thence along the dividing line between Tract 2 and Tract 3, South 43° 45' 29" East a
distance of 576.76 feet to a survey disc and iron pipe near the edge of the Atlantic Intracoastal
Waterway;
Thence turning and running along the Waterway South 83' 17' 03" West a distance of
205.37 feet to an iron pipe on the dividing line between Tract 2 & Tract 1;
Thence South 43142' 08" East a distance of 9.64 feet to a point along the bulkhead;
Thence South 67' 21' 59" West a distance of 64.44 feet to a point;
Thence South 70° 21' 35" West a distance of 35.84 feet to a point;
Thence North 33° 05' 19" West a distance of 140.55 feet to a point;
Thence North 61° 59' 44" East a distance of 69.57 feet to an iron pipe on the Northern
side of Lewis Road being a 60' right of way;
Thence along said Right of Way, North 43142' 10" West a distance of 20.79 feet to an
iron pipe;
Thence continuing along said Right of Way, North 43 ° 42' 0.8" West a distance of 285.00
feet to an iron pipe, which is the point of beginning, having an area of 96544.96 Square Feet,
2.216 Acres, and depicted on a map recorded in Map Book 61 at Page 35 in the office of the
Register of Deeds of Pender County.
Doc No: 20089861
Recorded: 09/0712021 03:11:01 PM
Fee Arnt: S26.00 Page 1 of 4
Excise Tax: $31.000.00
Pender County North Carolina
Sharon Lear Willoughby, Register of Deeds
BK 4764 PG 386 - 388 (4)
LIZ u
NOV 0 y 2011
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $31,000.00
Parcel Identifier: 4224-01-5894-0000 and 4224-01-5093-0000
Verified by Pender County on the _ day of
By:
to: Lee Kress, PLLC
2021
This instrument was prepared WITHOUT TITLE EXAMINATION by: Lee Kress, PLLC
Brief description for the Index: Pt Tract 1 & 2 of the Eva Lewis Lands
THIS DEED is made this day of 2021, by and between
GRANTOR
Hampstead Investment Holdings, LLC,
a North Carolina limited liability company
66 6rtber4 Civtd, SA-e- t
Wirtller NL 2-$4 SI
GRANTEE
Sloop Point Ventures, Inc.,
a North Carolina corporation
M3 Siv-746, Dnxt. ,S-1t.7L"
(JriYntn5luN Nt- 2$4D<
The designations Grantor and Grantee as used herein shall include the parties, and their successors and assigns
WITNESSETH:
Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents
does grant, bargain, sell and convey unto Grantee in fee simple all those certain lots or parcels of land situated in Pender
County, North Carolina and more particularly described as follows:
See "Exhibit A"
All or a portion of the property herein conveyed ( ) includes or ( X ) does not include the primary residence of Grantor.
Bk 4764
Fig 386
TO HAVE AND TO HOLD the above -described property and all privileges and appurtenances thereto belonging to Grantee
in fee simple.
And Grantor covenants with Grantee, that Grantor has done nothing to impair such title to the Property as Grantor received,
and Grantor will warrant and defend the title to the Property against the lawful claims of all persons claiming by, under or
through Grantor, other than the following exceptions:
I ) Ad valorem taxes for the year 2021 and subsequent years.
2) Easements and rights -of way of record and any other matters recorded in the Pender County Register of
Deeds as ofthe date hereof.
3) All applicable zoning and land use ordinances, statutes, building codes and regulations.
[SIGNATURE APPEARS ON FOLLOWING PAGE]
i
Bk 4764
Pg 387
IN WITNESS WHEREOF, Grantor has duly executed the foregoing as ofthe day and year first above written.
Hampstead Investment Holdings, LLC
By.___e�y
Name: D I. Logan
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1 certify that the following person, D 1. Logan, personally appeared before me this day, acknowledging to me that he
signed the foregoing document for the purpose stated therein and in the capacity indicated.
This day of2021.
IL-�Z— ?�
Note s Signature
Jeanette Phillips
NOTARY PUBLIC J er4Nnct `� `�•1`��
Brunswick County, NC Printfrype Notary's Name
My Commission Expires October 17, 2023
My Commission Expires: a6406r' k"3.22 Z
(SEAL)
ak 4764
Pg 388
EXHIBIT A
Legal Description
Lying and being situate in Pender County, North Carolina, and being more particularly described
as follows:
Located in Topsail Township, Pender County, North Carolina, and being more particularly
described as follows:
All of that tract or parcel of land located in Topsail Township, Pender County, North
Carolina, being a combination of Tract 1 & 2 as recorded in a Deed to Hampstead Investment
Iloldings, LLC in Deed Book 4632 at Page 1798 and as shown in Map Book 15 at Page 80; said
parcel being more particularly described as follows:
Beginning at an iron pipe located on the northeasterly line of Lewis Road — SR 1564 and
the northwestern owner of Tract 2 of the Mrs. Eva Lewis land division as shown on Map Book 15
at Page 80;
Thence along the dividing line between Tract 2 and Tract 5 as shown on the map recorded
in Map Book 15 at Page 80 North 46' 19' 00" East a distance of 163.48 feet to an iron pipe
located on the northeastern line of Tract 2, also being in the dividing line between Tract 3 and
Tract 2 as shown upon the map at Map Book 15 at Page 80;
Thence along the dividing line between Tract 2 and Tract 3, South 430 45' 29" East a
distance of 576.76 feet to a survey disc and iron pipe near the edge of the Atlantic Intracoastal
Waterway;
Thence turning and running along the Waterway South 83° 17' 03" West a distance of
205.37 feet to an iron pipe on the dividing line between Tract 2 & Tract 1;
Thence South 43° 42' 08" East a distance of 9.64 feet to a point along the bulkhead;
Thence South 67° 21' 59" West a distance of 64.44 feet to a point;
Thence South 70' 21' 35" West a distance of 35.84 feet to a point;
Thence North 33' 05' 19" West a distance of 140.55 feet to a point;
Thence North 611 59' 44" East a distance of 69.57 feet to an iron pipe on the Northern
side of Lewis Road being a 60' right of way;
Thence along said Right of Way, North 43' 42' 10" West a distance of 20.79 feet to an
iron pipe;
Thence continuing along said Right of Way, North 43 ° 42' 08" West a distance of 285.00
feet to an iron pipe, which is the point of beginning, having an area of 96544.96 Square Feet,
2.216 Acres, and depicted on a map recorded in Map Book 61 at Page 35 in the office of the
Register of Deeds of Pender County.