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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.