SCEX_12-08_ Mandalay (2)

ArfA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
July 16, 2012
Exemption Number—SCEX12-08
Mandalay Bay HOA, Inc.
Attn: Bizz Baker
203 Tamarix Ct.
Sneads Ferry, NC 28460
RE: EXEMPTED PROJECT(MINOR)EXEMPTION
STRUCTURAL ACCESSWAY(15A NCAC 7K.0207)
Mandalay Subdivision,from NC Highway 210 to Atlantic Ocean, in Surf City, NC
OCEAN HAZARD AREA OF ENVIRONMENTAL CONCERN
Dear Mr. Baker:
I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an application for a
minor development permit under the Coastal Area Management Act. After making a site inspection on 7/10/12, I have determined that
the activity you propose is exempt from needing a minor development permit as long as it remains consistent with your site drawing
dated 7/02/12, and meet the conditions specified below. If you plans should change and your project will no longer meet these
conditions, please contact me before proceeding.
STRUCTURAL ACCESSWAY EXEMPTED
1. The accessway must not exceed four feet in width and shall provide only pedestrian access to the ocean beach.
2. The accessway must be constructed so as to make negligible alterations to the frontal dunes. This means that the
accessway must be constructed on raised posts or pilings of five feet or less in depth,so that wherever possible only the
posts or pilings touch the frontal dunes without any alteration to the dunes. In no case shall the frontal dune be altered so
as to significantly diminish its capacity as a protective barrier against flooding and erosion.
3. Construction of the accessway be shall consistent with all other applicable local ordinances and N. C. Building Code
standards.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or
Local authorization. This exemption expires 90 days from the date of the letter.
cerely,
/11✓
nDatl, L 0
Cc: DCM—WIRO
Dixon Ivey, Surf City
One
127 Cardinal Drive Ext.,Wilmington,NC 28405 North Carolina
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.net Natii al/if

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis Dee Freeman
Governor Director Secretary
July 18, 2012
Exemption Number—NTBEX12-12
Douglas and Dana Leech
907 River View Drive
Morgantown,West Virginia 26505
RE: EXEMPTED PROJECT(MINOR) EXEMPTION
ACCESSORY USE-(15A NCAC 7K.0209)and ACCESS WALKWAY(15A NCAC 07H .0207) Exemption#NTBEXI2-12
4358 Island Drive, North Topsail Beach, NC
AREA OF ENVIRONMENTAL CONCERN—Ocean Hazard AEC
Dear Mr. Leech:
I have reviewed the information submitted to this office in your inquiry concerning the necessary filing of an application for a minor
development permit under the Coastal Area Management Act. After making a site inspection on 7/03/2012, I have determined that the
activity you propose is exempt from needing a minor development permit as long as it remains consistent with your site drawing dated
received 7/18/2012, and meets the conditions specified below. If your plans should change and your project will no longer meet these
conditions, please contact me before proceeding.Your project consists of expanding the uncovered decking on the second floor of the
residential structure to align and adjoin the existing beach access walkway.
Accessory Uses
1. The development must not disturb a land area greater than 200 square feet.
2. The development must not involve removal,damage,or destruction of threatened or endangered animal or plant species.
3. The development must not alter naturally or artificially created surface drainage channels.
4. The development must not alter the land form or vegetation of a frontal dune.
5. The development must not be within 60 feet of the First Line of Stable Natural Vegetation(FLSNV).
6. The development must be consistent with all applicable use standards and local land use plans in effect at the time the
exemption is granted.
7. The proposed deck expansion,when combined with the existing deck(s),shall not exceed a combined total of 500 square
feet. In this case,we are authorizing an additional platform area equal to 144 square feet(12'x 12') landward of the 60'small
structure setback.
This exemption to CAMA permit requirements does not alleviate the necessity of your obtaining any other State, Federal or Local
authorization. This exemption expires 90 days from the date of the letter.
incerel
s n Dail, LPO
Cc: DCM—WIRO
Inspections Dept., NTB
One
127 Cardinal Drive Ext.,Wilmington,NC 28405 NorthCarolina
Phone:[phone]\FAX:[phone] Internet:www.nccoastalmanagement.net Natural!'"

Dail, Jason
From: Jon Giles [[e-mail]]
Sent: Monday, July 16, 2012 3:02 PM
To: Dail, Jason
Subject: Agent Autherization Letter
Attachments: SKMBT_C45112052413570.pdf; image001.jpg
Jason,
Here is the agent authorization letter. Please let me know when the exemption is ready. Also, Pender county gis has the
common property as owned by
Mandalay Bay HOA INC please see below.
PIN ' � 4245-22-6950-0000
NAME111.11=MANDALAY BAY HOA INC
ADDR , 111111111111-203 TAMARIX CT
CITN®_SNEADS FERRY
STAT,F __NC
ZIP - 28460-0000
PROPERTY ADDRESS 201 MANDALAY COURT
PROPERTY DESCRIPTON 1.10 AC RECOMB L1 2 3A 3B PB 36/131 37/137 38/15 38/115
DATE 9/15/2006
SALE PRTC''" Null
DEED 3050/281
PLAT 00380115
ACCOUN 892447.000000
TOWNSHIPAmin TOPSAIL
Let me know when the permits are ready and Biz and I will come by to p/u. I f you are not available can you leave them
with Shaun?
Let me know if you need any thing else.
Thanks,
Jon
C
yr.

DAN RIZZO
Attorney at Law
Post Office Box 2676
14131 Highway 50/210
Sea Oaks Plaza,Suite B
Surf City,NC 284.45
[phone] Phone
[phone] Fax
June 29, 2012
TO WHOM IT MAY CONCERN:
I was the drafting attorney for a Declaration of Easement dated September 17, 2004 and
recorded in Book 2553, Page 340, Pender County Registry.
The easement is self-explanatory and no other permission needs to be granted for the
exercise of said easement.
Si ely urs,
an izzo
Attorney at La

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BK2553PG340
NORTH CAROLJNA
COUNTY OF PENDER DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT is made this 171 day of September,
2004,by and between Pierce-Rizzo Development,LLC(hereinafter referred to as
Declarant"A");Frank A.Majewski and wife,Martha D.Majewski(hereinafter referred
to as Declarant`B");Sandpiper Village,LLC(hereinafter referred to as Declarant"C")'
for the benefit and use of lots in the subdivision known as Mandalay Bay,being Lots 1
through 19 as shown on Map Book 38,Page 15,Slide 509,Pender County Registry and
Lots 7,8,9, 16,17 and 18 as shown on Map Book 14,page 57,Pender County Registry.
WITNESSETH:
WHEREAS,Declarant A is the owner of a certain tract or parcel of real property
located in the County of Pender and State of North Carolina,and more particularly
described in Exhibit"A"attached hereto and made a part hereof,and incorporated by
reference(said parcel being hereinafter referred to as Parcel"A");and
WHEREAS,Declarant B is the owner of a reservation of an easement contiguous
with a certain tract or parcel of real property located in the County of Pender and State of
North Carolina,and more particularly described in Exhibit`B"attached hereto and made
part hereof,and incorporated by reference(said parcel being hereinafter referred to as
Parcel`B");and
WHEREAS,Declarant C is the owner of a certain tract or parcel of real property
located in the County of Pender and State of North Carolina,and more particularly
described in Exhibit"C"attached hereto and made a part hereof,and incorporated by
reference(said parcel being hereinafter referred to as Parcel"C");and
WHEREAS,Gordon Gredvig,Co-Trustee and Jeffry Gredvig,Co-Trustee of the
C.G.Gredvig Family Trust dated February 1,2002,and Jeffrey T.Gredvig and wife,
Mary C.Gredvig(hereinafter collectively referred to as"Gredvig"),all owners of Lot 1
of the Subdivision known as Sea Breeze as shown on Map Book 35,Page 91,Slide 477
and recorded in Deed Book 2204,Page 88,both in the Office of the Register of Deeds
and also owners of the fee in a four(4")foot access easement to the Atlantic Ocean,said
subject to reservation by Grantor Frank A.Majewski and wife,Martha D.Majewski,as
recorded in Deed to Jimmy Pierce,recorded at Book 2007,Page 242,Pender County
Register of Deeds,Gredvig IS NOT A PARTY TO THIS DECLARATION OF
EASEMENT;and
WHEREAS,Declarant A,Declarant B and Declarant C have created two(2)non-
exclusive Easements for beach access for the benefit and use of Sandpiper Homeowners

BK2553PG341
Association,Inc.,for the benefit and use of lot owners in the subdivision known as
Carolina Shores,for the benefit and use of lot owners in the subdivision known as Waters
Bay,for the benefit and use of lot owners in the subdivision known as Mandalay Bay and
for the use of lot owners in the subdivision to be developed on Lot 7,8,9,16,17 and 18
heretofore described,said Easements being more particularly described in Exhibit"D"
attached hereto and made part hereof,and incorporated by reference(said Parcel being
hereinafter referred to as the"Easement"or"Parcel D");
WHEREAS Declarant A,Declarant B and Declarant C desire to grant a right to
use the Easements,and further intend that ingress,egress and regress over and across the
Easements shall inure to the benefit of Mandalay Bay,LLC,the owner of Lots 1 through
19,Map Book 38,Page 15,Slide 509,Pender County Registry,and Frank A.Majewski
and wife,Martha D.Majewski,the owners of Lots 7,8,9,16,17 and 18,Map Book 14,
Page 57,Pender County Registry. The right to use the Easement shall be appurtenant to
and run with the land for each so identified lots.
NOW,THEREFORE,in consideration of the granting of the Easements and other
good and valuable consideration,the receipt of which is hereby acknowledged,the
Declarants hereby agree as follows:
1) Declarant A,Declarant B and Declarant C do hereby establish,give,grant and
convey to Mandalay Bay,LLC,owner of Lots 1 through 19 described above
and Frank A.Majewski and wife,Martha D.Majewski,owners of Lots 7,8,9,
16, 17 and 18 as described above,the right of a non-exclusive easement for
the use of Parcel D for ingress,egress and regress across and over Parcel A,
Parcel B and Parcel C for the purpose of beach access for the lots in Mandalay
Bay(Map Book 38,Page 15)and Lots 7,8,9, 16,17 and 18(Map Book 14,
Page 57).
2) The Easements provided for herein shall inure to the benefit of and be binding
upon the respective heirs,invitees and successors in interest of the present and
future owners of lots in Mandalay Bay and Lots 7,8,9,16,17 and 18 as
described herein;
3) The right to the use of the easements provided for herein shall not be assigned
to a third party;
4) This instrument does not dedicate the said Easements contained herein to the
general public,nor does this instrument grant any rights to lot owners in
Mandalay Bay or owners of Lots 7,8,9,16,17 and 18 not expressly provided
for in this instrument;
5) Any ownership interest held by any of the Declarants is not relinquished by
the terms of this Declaration of Easement.

BK2553PG342
IN WITNESS WHEREOF,the Declarants have duly executed the foregoing as of
the day and year first above written.
PIERCE-RIZZO DEVELOPMENT,^-- LLC
BY: 4 (SEAL)
JIMMY A.PIERC
SANDPIPER /L7AGE,LLC
B C 16 ", (SEAL)
FRANK A. SKI
(SEAL)
NK A.MAJEWS
(SEAL)
MARTHA D.MAJEW KI
State of North Carolina,County of Pender
I,the undersigned a Notary Public of the County and State aforesaid,certify that Jimmy
A.Pierce,personally came before me this day and acknowledged that he is the
Member/Manager of Pierce-Rizzo Development,LLC,a limited liability company and
that by authority duly given and as the act of the entity,he signed the foregoing
instrument in its name opts behalf as its act and deed. Witness,my hand and notarial
stamp or seal this the/7- day of September,2004.
lb �
6a, Notary Public,Nd ina SAND H X IC NOTARY PUBLIC
° CnoFn lion
My Commission Wit
tate o North Carolina,County of Pender
I,the undersigned,a Notary Public of said State and County aforesaid,do hereby certify
that FRANK A.MAJEWSKI AND WIFE,MARTHA D.MAJEWSKI,personally
appeared before me this day and acknowledged the due execution of the foregoing
instrument for the purposes therein contained. Witness my hand and seal this that ay
of September,2004. ..-----------
My commission expires: 10-9-05Q._ 4,�r
S
Y H CH, OT Y PUBLIC
Z
° F
',^;..,y� Notary PubNc,North Carolina
c I. Camy of Penner
SandyM nisebnE ro

BK2553PG343
State of North Carolina,County of Pender
I,the undersigned a Notary Public of the County and State aforesaid,certify that Frank A.
Majewski,personally came before me this day and acknowledged that he is the
Member/Manager of Sandpiper Village,LLC,LLC,a limited liability company and that
by authority duly given and as the act of the entity,he signed the foregoing instrument in
its name on i behalf as its act and deed. Witness,my hand and notarial stamp or seal
this the 11'9ay of September,2004.
My commission expires: 10-9-05 ���
SAND H. IC TARP UBLIC
Notary Pudic,North Carolina
County of Pander
H. Mlnnich
!Ay ConvonaonNORTH CAROLINA• PENDER COUNTY.The foregoing
(or annexed)certificate of i , •
Is
certified to be correct,This day A.D.20,_PY
JOYCE M.SWICEGOOD•Pander Co Run egister of Deeds
egister Deeds

4.
Exhibit A B 2553PG3 '
• Being all of Lots 1,2,3,4,5,6,7,8,9,10,11 and 12 of Carolina Shores as shown on
that map recorded in Map Book 37,Page•90,Slide 502,Pender County Registry.•
The above described tract being more particularly described in-that Warranty Deed to
Pierce=Rizzo Development,LLC recorded in Book 2282,Page 341,Pender County
Registry.
•
•
•
•
•
•
•
•
•
•

BK2553PG345•
Exhibit B
Tract I: Being that 4'pedestrian access easement to the Atlantic Ocean along the •
eastern margin of Lots 1 and 2 as reserved by Frank A.Majewski and
wife,Martha D.Majewski in that Warranty Deed recorded in Book 2007,
Page 242,Fender County Registry. •
Tract 11: Being that 4'pedestrian access easement to the Atlantic Ocean along the
western margin of Lots 10 and 11 as reserved by Frank A.Majewski and
wife,Martha D.Majewski in that Warranty Deed recorded in Book 2007,
Page 242,Fender County Registry.

BK2553PG346
Exhibit C
Being all of Lots 1,2 and 4 as shown on a plat entitled"Lot Recombination for Sandpiper
Village"recorded in Map Book 36,Page 051,Slide 486 of the Pender County Registry.
Reference to said map is made for a more particular description.
•
This being the same property conveyed to Sandpiper Village,LLC by Warranty Deed
recorded in Book 2220,Page 128,Pender County Registry..

8K2.553PG347
Exhibit D
Tract I: Being that 4'walkway easement running from NC Hwy.210 to the
Atlantic Ocean said easement being located along the eastern edge of Lots
I,3 and 5 Sandpiper Village(with Lots 3 and 5 having been remapped
into Lots 1,2,3,4,9,10, 11 and 12 Carolina Shores as shown on Map
Book 37,Page 90,Slide 502,Pender County Registry)and after crossing
North Topsail Drive,continuing along the eastern edge of Lot 1 Sea
Breeze as shown on map recorded in Map Book 35,Page 91,Pender
County Registry.
Tract II: Being that 4'walkway easement running ring from NC Hwy.210 to the
Atlantic Ocean said easement being located along the western edge of
Lots 2,4 and 6 Sandpiper Village(with Lot 6 having been remapped into
Lots 5,6,7 and 8 Carolina Shores as shown on Map Book 37,Page 90,
Slide 502,Pender County Registry)and after crossing North Topsail
Drive,continuing along the western edge of Lot 3 Sea Breeze as shown on
map recorded in Map Book 35,Page 91,Pender County Registry.