HomeMy WebLinkAbout78-21 Bonanza Group LLCPermit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
78-21
Issued to The Bonanza Group, LLC, PO Box 687, Elkin, NC 28621
Authorizing development in Brunswick County, adi. to canal #15, at 51 Wilmington Street.
in Ocean Isle Beach , as requested in the permittee's application dated 2/11/21, including
attached workplan drawings (4), Sheets 1-4 of 4 all dated 2/12/21.
This permit, issued on June 22, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
.�__..� ......... ..................... v vu .y v....uy ,. Nuuu, w uu uuu auu vum.
Bulkhead and Boat Ramp Removal
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is
not authorized.
4) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
The Bonanza Group, LLC Permit No. 78-21
Page 2 of 3
ADDITIONAL CONDITIONS
5) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure.
7) The bulkhead shall be constructed prior to any backfilling activities.
8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.
9) All backfill material shall be clean and free of any pollutants except in trace quantities.
10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
General
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
15) All debris associated with the removal aor construction of the permitted bulkhead and shall be contained
within the authorized project area and removed to an appropriate upland location.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2021-
056E Q.
The Bonanza Group, LLC Permit No. 78-21
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized this project by Nationwide Permit 3 (Action ID No.
SAW-2021-00525).
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
Applicant:
Type: (Check all that apply)
New i Major Mod
Permit Coordinator:
Field Representative:
Application Processing Notes
Permit# Minor Mod Renewal Transfer
Date Time Message
DCM Coordinator: Permit #:78--2-(_
Permittee:
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
�b aaC (087 gk f ,cIL
oet
Washington --- jwith revised work plan drawings)
Wilmington T,r (OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: :if Greg Curry4runswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Env ironmental.Review@ncdcr.gov"_� ;I
Heidi Cox (WIRO)/'�"
Kim Harding
David Harris
Shannon Jenkins/ Sharon Gupto �
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger-401
Tina Martin - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Storm*ater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
Maria Dunn (WAROY-4'
Rodney Butler
LPO: '40 l�t NQ45 072OC �jrutq ii LO,
(NCDOT) Travis Wilson
ON Mr-1
APPLICATION for
Major Development Permit
past revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
!. Primary Applicant/ Landowner Informadon
Business Name
The Bonanza Group, LLC
Project Name (If applicable)
Applicant 1: First Name
Chris
MI
Last Name
Cartwright
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) vAM names Ifstad.
Mailing Address
PO Box
687
city
Elkin
state
N.C.
ZIP
28621
Country
USA
Phone No.
336-469 - 4507 ext-
FAX No.
Street Address ('fdiflerent from above)
City 7State
ZIP
Email
claire@bonanzagrouponiine.com
2. Agent/Contractor information
Business Name
Ag 1: First Name
MI
Last Name
Debbie
D
Wilson
Agen ontractor : First Name
MI
Last Name
Rick
West
Mailing Address
PO Box
City
State
16275
Wilmin ton
N.C.
ZIP
Phone No. 1
Phone No. 2
28408
910 - 612 ' 0402 ext.
ext.
FAX No.
Contractor #
704 363-0668
Street Address (if different from above)
City
State
ZIP
Emit
debbiew75 charter. net
RECEIVED
<Form continues on back> FEB 2 4 1Q^1
DCM WILMINGTO
252.808-2808 .. 1.888-4RCOAST .. www.nccoa stalm anagement. net
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
F
_ y:.� k' fi . ..'S �. Y. .h ♦ 'YA 1 t 1 .e...} � rvl. _.'.�"i.F%+
County (can be multiple)
Street Address
State Rd. #
Brunswick
51 Wilmington Street
Subdivision Name
city
State
Zip
Ocean Isle Beach
NC
- 28469
Phone No.
Lot No.(s) ff many, attach additional page with list)
336 -469- 4507 ext.
34 , 1 ,
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposedproject
Lumber
Man-made canal off AIWW
c. Is the water body identified in (b)above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
AIWW
s. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed -
®Yes ❑No
work falls within.
Ocean Isle Beach
a. Total length of shoreline on the tract QL)
b. Size of entire tract (sq.fL)
59,
4,900, s . ft.
c. Size of individual lot(s)
d. Approxirriateelevation of tract above NHW (normal high water) or
4,900 sq.. t.
NWL (normal waterlevel)
(If many lot sizes, please attach additional page with a list)
41 ®NHW or ❑NWL
e. Vegetation on tract
Ornamental landscaping, lawn grasses and Coastal Wetlands.
f. Man-made features and uses now on trail
Single family residence, bulkhead, private pier, floating dock and boat ramp
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential
h. How does local government zone the tract?
I. Is the,proposedproject consistent with the applicable zoning?
(Attach zoning compliance certificate, If applicable)
R-1 Residential.
IRYes []No ❑NA
J. Is the proposed activity part of an urban.waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
C
<Form continues on next page> FEB 2 4 ?wl
DCM WILMINGTOW
252-808-2806 :: 1-888-4RCOAST www.nccoastalmanagement.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the site? ®Yes []No
(it) Are there coastal wetlands on the site? ®Yes [-]No
(iii) If yes to either (1) or (ii) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available) See site plan
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existingddnking watersupply source. .
Municipal
p. Describe existing storm water management or treatment systems.
None
a. Will the project be for commercial, public, or privateuse? _ ❑commercials ❑Publlc/Govemment
NPdvate/Community,
b. Give brief description of purpose, use. anddailyoperations of the project when complete.
Private residential use.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it Is to be stored.
Typical marine construction with a pile driver and skid steer.
d. List all development activities you propose.
Replace existing deteriorating bulkhead in the same footprint and remove and fill in boatramp.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Both
f. What is the approximate total disturbed land area resulting. from the proposed project? NSq.Ft or []Acres
1,000
g. Will the proposed project encroach on any.public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?-
h. Describe location and type of existing and proposed discharges to watersof the state.
None
I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as. the receiving water? []Yes ®No ❑NA
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
eForm continues on back>
RECEIVED
FEB 2 4 202.1
252-808-280.8 :: 1-880-4-RCOAST :: www.nccoastainA(ZUJ&6PILWroWSN.1-IC
Form'DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
InaddiGonfothlscompleCedapplieaponform jfAPt)thefoltowufgdemsbelow7fepplldable,musfbesuhm�ttetlrnorderiortheappllceGon '';
1 pabkage to be complete-�Items (a} ; (t) afe�always app!lca6leto anymaJortieYelopmenf'appl/Catlon Please cohsult`the;apphCaffon , +5,
mstruchon booMet on flow to property prepam f6@regorred�[enis 6efow %t .-=^ �- ry ,.. X#t k r r_ ,... .ter;
s .:.: ._1.. r...... ., ,.: ...f. ... .% t}..:�
a. A project narrative.
b. An.accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed'project. Is any portion already'complete7 If previously authorized work, cleady indicate onmaps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable, to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners havereceived copy of the application and plats by certified mail. Such landowners must be advised that they have 30days In
which to submit comments on the proposed project to the Division of Coastal Management.
Address 3253;John HallRoad,��a}�etfevillg, NCg283'1,27O33 °^ x � tt '` fi ``
Name Four Cs Properties, LLC & Keith Collier Phone No.
Address 631.0 Ramsey Street,, Fayetteville, NC 28311-9315
g. A list of previous state or federal permits issued for work on the project tract. Include.permIt numbers, pernittee, and.issuing dates.
GP #66126-D issued to Fred Whirlow (previous owner) on 10/9/15 for a docking facility.
h. Signed consultant or agent authorization form, if applicable.
i. Welland delineation, if necessary.
j. Asigned AEC. hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. 'If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act
I understand that any permit issued -in response to this application will allow only the development described.in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 2/11/21 Print Name Debbie Wilson, Agent
Signature 9.4.- Z
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information I]DCM MP-5 Bridges and Culverts RECEIVED
❑DCM MP-3.Upland Development
❑DCM MP-4 Structures Information
FEB 2 4 2021
DCM WILMINGT0t%!, (
252.808.2808 :: 9-888.4RCOAST :: www.neconstaimsinagament.net
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
Width
Avg. Existing
Depth
Final Project
e ;
Depth
a. Amount of material to be excavated from below NHW or N WL
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW) submerged aquatic vegetation.(SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SS
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
a. Location of disposal area.
c. (1) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(il) If no, attach a letter granting permission from the owner.
(i) Does the disposal area Include. any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SS).
or other wetlands (WQ? If any boxes are checked, provide the
number of square feet effected.
❑CW _ ❑SAV ❑SB
OWL _ ❑None
(II) Describe the purpose of disposal In these areas:
d. High -ground excavation in cubic yards.
area.
d. (1) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
06 If yes, where?
(i) Does the disposal include any area in the water?
❑Yes []No ❑NA
(ii) If yes, how much water area Is affected?
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
262-808-2808 :: 1-8884RCOAST .: www.necoastaimananement.net revised: 12126/06
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3 SH4RE ANESTABILIZA ,,O
elopmr ,' `' S '`` 'tea 3+ hlssactr nnota�p6cable
Nh. 4 ,•. Lt ' 4 G
{lFdearli rsa wood groin useIY1P 4 �trrrctures)
a. Type of shoreline stabilization: b. Length: e6 50' +2 B' wingwalls) µ
®Bulkhead ❑Riprap ❑Breakwater/SRI ❑Other. _
c. Average distance waterward of NHW orNWL:
0' for replacement of existing buikhea & 2' for the boatramp area
e. Type of stabilization material`.
Vinyl Sheathing
Width: P
d. Maximum distance waterward of NHW or NWL:
t : r ... cu. - _
f. (I) Has there been shoreline erosion during preceding 12
months?
[]Yes %No ❑NA
QI) If yes, state amount of erosion and source of erosion amount
Information.
g. Number of square feet of fill to be.placed below water level. It. Type of fill material.
Bulkhead backfill 20 sg.ft Rtprap _ Clean sand
Breakwater/Sit]_ Other —
I. Source of fill material.
Clean sand from upland source.
a. (i) Will fill material be brought to the site? ®Yes []NO ❑NA b. (I) Will fill material be placed in.coastal wegands/marsh (CW),
If yes,
(it) Amount of material to be placed in the water 20 sq.R
(Iit) Dimensions of fill area 2',x 10'
(Iv) Purpose of fill
To fill in existing boatramp.
a. How will excavated or
controlled?
Silt fence
erosion
c. 0) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
01) If yes, explain what type and how they will be implemented.
suomergea aquatic vegetation tbAV), snen oortom tau), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
®CW 20:sq.ft. ❑SAV _ ❑SB
OWL _ ❑None
(it) Describe the purpose of the fill in these areas:
To fill in existino boatramp.
used (e.g., dregline,
backhoe, or hydraulic dredge)?
Typical marine construction with a pile driver and skid steer.
d. (1) Will wetlands be crossed In transporting equipment to project
site? :❑Yes ®No ❑NA
(Ii) If yes, explain steps that wlll be taken to avoid or minimize
environmental impacts.
DCM WILMINGTON, NC
252-808-2acs .. 1-a88-4RCOAST a www.neeoastafmanaoement.net revised: 12/26106
N,v
C1
n
0
w
0
Cr
O
a
n
N
0
_1 - NLW-
Existing Remnant bulkhead �4' f E_xistin
IS
Four Cis Propeties, LLC
& Keith Collier
49 Wilmington St.
Existing Conditions
�— Man-made Canal
w
Marsh
� W �
„ IG y
2' (r Exist ng
""ad NI��/V Buu he;
18,
iyyishng Floating
Dock
x y y
y � y
�o
s y V NHW
Exist)ng Qutkhead
v
L Existing
Boatramp
10, The Bonanza Group, LLC
c/o Chris Cartwright
51 Wilmington. St.
50,
Existing Dwelling
The Bonanza Group, LLC
c/o Chris Cartwright
51 Wilmington St.
Ocean Isle Beach
Brunswick County
Drawn By Debbie Wilson
2/12/21 Scale: 1" = 10'
Sheet 2 of 4
� c
W
7
W e�
U m
W �
y
� y
� y
Wlk f
Existing Bulkhead
L
Arnold & Lora Jones
53 Wilmington St.
(2)
No I Proposed Structures
Man-made Canal
n
0
8, r+asting F oaling
m
Dock
v
a
m
H
w
O
a
1
w - — NLW —
%y
Marsh N
W y _ NHWV New Bulkhead lk
lik
I/ Zr/
W Existing Remnant Bulkhead rn
8' ft
9
��//�� 20 Tieback Ar
.1
Four eit Prollier ,LLC L ��� /V
& Keith Collier ,
49 Wilmington St. 50'
i y y
.�y y
v NHW
The Bonanza Group, LLC
c/o Chris Cartwright
51 Wilmington, St.
Existing Dwelling
The Bonanza Group, LLC
c/o Chris Cartwright
51 Wilmington St.
Ocean Isle Beach
Brunswick County
Drawn By Debbie Wilson
2/12/21 Scale: 1" = 10,
U
Z
Z
> N
eN W Z
.�
y
y
Y
y'
8'
�k V
Existing Bulkhead
Arnold & Lora Jones
53 Wilmington St.
Typical Bulkhead X-Section
NT
IN
Bo
Co
To C�'"�"1
InUale,
' Back Fill / Finished Ground Elevation
t
lTie -rod or
NH W -� Ij helical anchor
length to be determined
b l I; Ey contractor or engineer
-It) FEB
FEB 2 4 2021
The Bonanza Group, LLC
c/o Chris Cartwright
51 Wilmington, St.
Ocean Isle Beach
Brunswick County
Drawn By: Debbie Wilson
2/12/21 Not To Scale
Sheet 4 of 4
DCM WILMINGTON, NC
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Bonanza Group, LLC do Chris Cartwright COUNTY: Brunswick
PROJECT NAME: 51 WNmington Street
LOCATION OF PROJECT: SI Wdtrtfitgton St, adjacent to Canal #51, Ocean Isle Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-24-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WELMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250#2104
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE RECD: 3-17-21 END OF NOTICE DATE: 4-7-21
ADJ. RIP. PROP NOTICES RECD: DEED RECD: Yes
C) 75 DAY DEADLINE: 5-19-21 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 3-12-21 STATE DUE DATE: 4-7-21
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM-Field Rep 5`12--'u I I X
DCM - LUP Consistency Determination 5 C9ef l
Local Permit Officer „„ n lu , 1-') i
Corps of Engineers - Regulatory Branch
MIN,(
?OZ t -CCI j 2S
DWR - 401 Section
(o
it
✓L
DWR - Public Water Supply�-
DEMLR - Stormwater
3 - 23 • G
DEMLR - Sed and Erosion
DOA — State Property Office
L/
Wildlife Resources Commission
3
DMF - Shellfish Section
DMF - Habitat & Enhancement
-
DNCR - Archives & History
_
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce
v �'l
X .
Recommendations for State Permit- The Bonanza Group, LLC
It is the staffs recommendation that the applicant's proposal to install approximately 50 linear ft. of bulkhead
with 16 linear ft. of return walls, resulting in the filling of approximately 20ft of Coastal Wetlands and Public
Trust Area is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands,
Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 711.0207 (d) Use
Standards for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b)(7) Use Standards for Bulkheads. The
applicant has proposed efforts to minimise impacts to any adjacent resources.
As proposed, this office has no objections to the proposed project and any permit issued should include the
standard permit conditions for bulkheads and upland development.
0
March 12, 2021
MEMORANDUM.
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.wevchertONCDEN R. cov
SUBJECT: CAMA /Dredge & Fill
Applicant: Bonanza Group, LLC
ROY COOPER
Go�,r ,,r
MICHAEL S. REGAN
5ecremp,
BRAXTON DAVIS
D,,,wr, Orvtsron oJ'Coasml
Management
Project Location: 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sqR of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by April 7, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME ee l4 1, N �l e t)s
AGENCY l�wr A t3e,,ay. :rS jc 6g 4 _ L,
SIGNATURE
RECEIVED
DATE 3 12- Z 1 MAR 17 20V
State ofNonh Carolina I Enwonmental Quality I Coastal Management
127CardirWDriveExt.,WilmingtogNC28405 9197%7215 DCM-MHD CITY
NORTH CAR'
iirn•hmwwWal Omdnp
March 12, 2021
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.weychert(c)NCDENR.cov
SUBJECT: CAMA/Dredge & Fill
Applicant: Bonanza Group, LLC
ROY COOPER
Got.ar
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Duactur. Division afCaavtal
Management
Project Location: 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 7, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE
DATE
04/07/2021
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405 919 796 7215
RECEIVED
are o 7 2021
MP SECTION
)CM - MHD CITY
NORTH CAROLINA
Flivirwlnleirld (htaltil'
March 12, 2021
MEMORANDUM:
6.21,D3,I5-.t; (
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEO -'Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:252-247-3330 (Courier 11-12-09)
curt wevchert43NCDENR.gov
SUBJECT: CAMA/Dredge & Fill
Applicant: Bonanza Group, LLC
ROY COOPER
Governor
MICHAEL S. REGAN
se,retan•
BRAXTON DAVIS
Director. Dimon, o/Coo4ol
Armmgement
Project. Location: 51 Wilmington Street adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and Install 50 linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by Apri17, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
t/ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
RECEIVED
PRlhli'.N%1ME Mrtir-��.i• l��n n
MAR 2.5 2021
AGENCY N(4J12C MP SECTION
DCM - MHD CITY
SIGNATURE /i►.�•-I L•a--
DATE' 3 - Z_ S-2P -J
State of North Carolina i Favimmn taw Quality I Coastal Mauegemat
127 CzaaalDrive &xt, Yrdmingro4 NC28405 9197967215
ROY COOPER
Go vemry
MICHAEL S. REGAN
5rerr,m
BRAXTON DAVIS
/./Ax ,l,n•iaiim nfCn.wal
Mmtow..vnr
March 12, 2021
MEMORANDUM:
'FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28567
Fax:252-247-3330 (Courier11-12-09)
curt.wevchertdlNCDEN R.-qov
SUBJECT: CAMAJDredge & Fill
Applicant: I Bonanza Group, LLC
Project Location: 51 Wilmington Street adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 7, 2021. If you have any questions
regarding.the,proppsed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_ This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
t
PRINT NAME e'; S (4-y
¢ RECEIVED
.AGENVCY D J f O 4 Comm F lLe
MAR 2 5 2021
SIGNATURE. K f G� MP SECTION
DCM - MHD CITY
bAtE l 12 S l 21
state of North Carolina 1 Environmental Quality l Coastal Management
127 Cardinal Drive Eat- Wilmington, NC 28405 9197967215
Daniel Sams, PE
Wilmington Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
910 796 7215 office
910 796 7326 direct
dan. sa msCcDncden r. o ov
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Weychert, Curtis R
Sent: Tuesday, March 23, 2021 2:21 PM
To: Sams, Dan <dan.sams ncdenr.gov>
Subject: RE: LAMA Major Application: Kathy Rowlett & Mandy Norton
Hey Dan,
I was wondering if DEMLR had any comments on the projects listed below (sorry if there are duplicates — I tried to pick
up where you left off on your last email)
Kaznowski, Thomas
Christenbery, Robert & Karen -Anne
Pices Venture, LLC
Stitt, Richard and Beth
Raber Investments, LLC
Webb, Stephen and Paula
Herring, Tommy
Phillips, Lester
Linville, Aubrey & Holli
Leger, John
River Island HOA
NCDMF AR-340
Bonanza Group LLC
Brant, Nicks
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
CurtWevchertAncdenr.00v
Weychert, Curtis R
From: Sams, Dan
Sent: Tuesday, March 23, 2021 3:35 PM
To: Weychert, Curtis R
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
I will only have comment if they are over an acre in size.
clan
From: Weychert, Curtis R
Sent: Tuesday, March 23, 2021 3:33 PM
To: Sams, Dan <dan.sams@ncdenr.gov>
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
Dan,
Sorry you didn't receive that one. Would you like me to send any other projects that you didn't receive from that list?
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
Curt. Wevchert0ricdenr.aov
400 Commerce Ave
Morehead City, NC 28557
From: Sams, Dan <dan.sams@ncdenr.gov>
Sent: Tuesday, March 23, 2021 3:13 PM
To: Weychert, Curtis R <curt.wevchert(5)ncdenr.eov>
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
Curtis:
I do not appear to have all of these, but everyone that I have an e-mail for except NCDMF is under one acre of land
disturbance so neither erosion & sediment control or stormwater permit requirements would be triggered. The NCDMF
project takes place in the Atlantic Ocean is not with NC jurisdiction insofar as land is concerned.
Again, sorry that I am not getting to these.
dan.sams
Received: 03/25/2021
''•^ ` * State Historic Preservation Office RGY COOPER
ram•
7' Gavemor
MICHAEL S. REGAN
y:. ER 21-0747 Due: 4/5/2021 Secrelary
BRAXTON DAVIS
NORTH CAROUNA Director, Diruon' afCoastal
E'nriramranml OQaiiJ - Management
March 12, 2021 NC - SBA
MEMORANDUM: 3/29/2021
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cu rt.wevcherticD N CD EN R. eov
SUBJECT: CAMA/Dredge & Fill
Applicant: Bonanza Group, LLC
Project Location: 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by April 7, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
`*Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT
AGENCY
SIGNATURE
Renee Gledhill -Earley
Historic Preservation Office
DATE 4/1/2021
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dave Ext., Wilmington, NC 28405 9197967215
RECEIVED
APR 6'1 M1
MP SECTION
DCM - MHD CI1y
ROY COOPER
Gurernnr
MICHAEL S. REGAN
.A."w r v
BRAXTON DAVIS
Dirc,mq !hrmm e7Cn¢�nd
A!nnnp¢nuau
March 12, 2021
FROM: Curt Weychert, Assistant Major Pennits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: 252-247-3330 (Courier 11-12-09)
curt.wevchert(d1NCDENR.eov
SUBJECT: CAMA/Dredge & Fill
Applicant: Bonanza Group, LLC
Project Location: 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this torn to Curt Weychert at the address above by Apdi 7, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT,NAME Wanda Hilliard
SIGNATURE
DATE
State Property Office
W av-,K� 4LA�udJ
March 31, 2021
Stale of North Carolina I Environmental Quality I Coazml Management
127 Cardinal Drive ExL, Wilmington, NC 28405 919 796 7215
RECEIVED
MAR 91.2021
MP SECTION
DCM - MHD CITY
ROY COOPER
Gnvemnr
NORTH CAROLINA
1,nwl onm.ntal Owdal
March 12, 2021
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.weychert(a)NCDEN R.00v
SUBJECT: CAMA /Dredge & Fill
Applicant: Bonanza Group, LLC
MICHAEL S. REGAN
seemiary
BRAXTON DAVIS
Director, Divi.eion of Coastal
Management
Project Location: . 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sqft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April7, 2021. If you have any questions
regarding the, proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY:
PAINT NAME
AGENCY
SIGNATURE
DATE
This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Mark Brown
Public Water Supply
r ' 4p,R. /.isa.v ,
5-11-21
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215
MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, The Bonanza
Group, Ocean Isle Beach — Brunswick County
Date: April 20, 2018
Consistency Determination:
This project aunears to tie consistent witifthe Town of.Ocean Isle Beach Land Use Plan.
The applicant proposes to remove an existing boat -ramp and install 50 linear feet of
bulkhead along the existing bulkhead alignment extending the proposed bulkhead across
the previous boat -ramp area. The new bulkhead installation will result in the filling of
approximately 20 square feet of Coastal Wetlands and Public Trust Areas. The project is
located at 51 Wilmington Street, adjacent to Canal #15 in Ocean Isle Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW and PT.
Waters at the project site are classified as SA; HQW and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Ocean Isle Land Use Plan
and offer the following comments.
The general area of the project is classified Commercial, while the AECs impacted by the
work are classified as Commercial. In general, the Town of Ocean Isle Beach allows
development in Commercial classified AECs, which is consistent with the State's
minimum use standards. The Town of Ocean Isle Beach Land Use Plan contains some
policies, which exceed the State's minimum use standards. However, none of these
standards appear to be applicable to this proposal.
This project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan.
Cc: File RECEIVED
M AY 2 d 2021
NIP SECTION MHD
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00525 County: Brunswick County U.S.G.S. Quad: Shallotte
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Chris Cartwright
The Bonanza Group, LLC.
Address:
PO Box 687
Elkin, NC 28621
Telephone Number:
Size (acres)
Nearest Town: Ocean Isle Beach
Nearest Waterway
Man-made Canal to Intracoastal Waterway
River Basin: Lower Pee Dee
USGS HUC
03040208 Coordinates
Latitude: 33.8931
Longitude:-78.4324
Location description: The site is located in Canal #15 connected to the AIW W at 51 Wilmington Street in Ocean Isle Beach,
Brunswick County. NC.
Description of project area and activity: The proposal is to remove an existing boat ramp and install 50 linear ft. of bulkhead
along the existin bulkhead alignment. Extending the Dronosed bulkhead across the previous boat ramp area would result in
the filline of approximately 20ft2 of Coastal Wetlands.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 3
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached drawings dated February 12, 2021. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
RECEIVED
JUN 1 1 2021
MP gLCTIDN MHD
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gregory Currey at (910) 523-1151 or at Greizorv.E.Currev(a),usace.armv.mil.
CURREY.GREGOR Digitally signed by
CURREY.GREGDRY.EUGENE.1
Y.EUGENE.10510 osio11gso
Date: 2021.06.1011:45.43
Corps Regulatory Official: 11950 411M Date: June 10, 2021
Expiration Date of Verification: March 18, 2022
t
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or dationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued Action ID: SAW-
B. Basis For Jurisdictional Determination:
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
JUN 1 1 2021
'' �
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Digitally signed by
CURREY•GREGORY•E CURREY.GREGORY.EUGENE.10510
UG EN E.1051011950 11950
Date: 2021.06.10 11:47:23-04'00'
Gregory Currey
Date of JD: Expiration Date of JD:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/f9p=136:4:0.
Copies furnished by email:
Debbie Wilson (Debbie Wilson Consulting)
Gregg Bodnar (NC DCM)
Brendan Brock (NC DCM)
Holley Snider (NC DWR)
JUN 1 1 2021
PAP SECTION MHD
Action ID Number: SAW-2021-00525 County: Brunswick County
Permittee: Chris Cartwright
The Bonanza Group, LLC,
Project Name: 52 Wilmington Street/The Bonanza Group, LLC.
Date Verification Issued: June 10, 2021
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
DATE: June 11, 2021
FROM: Holley Snider �U
NCDEQ-Division of Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20180281v2
No Written Approval Required
PROJECT LOCATION: 51 Wilmington Street, Ocean Isle Beach
The Bonanza Group
PROPOSED PROJECT": Boat ramp removal with bulkhead construction.
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated received bythis office on June 11, 2021. The proposed project is located within the watersof
the man-made canal of the Atlantic intracoastal Waterway are class SA;HQW waters by DWR. The
removal of eh existing boat ramp with bulkhead construction would result in the filling of approximately
20 square feet of coastal wetlands.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including (but not
limited to erosion and sedimentation control regulations and state stormwater requirements before you
proceed with your project). Also, the approval to proceed with your proposed impacts to waters a
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information.
Please contact Holley Snider at 910-796-7215 or hollev.snider@ncdenr.eov if you have any questions or
concerns.
EQ� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405
910.796.7215
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
DATE: June 11, 2021
FROM: HolleySnider
NCDEQ-Division of Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20210S61v2
No Written Approval Required
PROJECT LOCATION: 51 Wilmington Street, Ocean Is I
The Bonanza Grou
PROPOSED PROJECT: Boat ramp remo al with ulkhead
The Division of Water Resources D R) has ceived a cc\y pf your A Major permit application
request dated rec 'ved I this offi e o une 1 2021. The props Ject is located within the waters of
the man-made can of the Atl tic trac stal Waterway are class SA;HQW waters by DWR. The
removal of eh existin oat ram with b ead construction would result in the filling of approximately
20 square feet of coast wetlan .
In accordance with the attkr p General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to follow
the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including (but not
limited to erosion and sedimentation control regulations and state stormwater requirements before you
proceed with your project). Also, the approval to proceed with your proposed impacts to waters a
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information.
Please contact Holley Snider at 910-796-7215 or hollev.snider@ncdenr.eov if you have any questions or
concerns.
RZECENAFED
JUN 2 2 2021
WIP SECTION WQHD
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405
400-0� /'' 910.796.7215
NORTH CAROLINA
Environmental OaaLn
March 12, 2021
MEMORANDUM:
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
curt.wevchert(cDNCDEN R.ciov
SUBJECT: CA MA /Dredge & Fill
Applicant: Bonanza Group, LLC
ROY COOPER
(;. emar
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Divislan afCwslal
Management
Project Location: 51 Wilmington Street adjacent to Canal #15 in Ocean Isle Beach, Brunswick County.
Proposed Project: Proposal to remove an existing boat ramp and install 50linear ft. of bulkhead along
the existing bulkhead alignment extending the proposed bulkhead across the previous
boat ramp area. The new bulkhead installation would result in the filling of approx.
200 sgft of Coastal Wetlands and Public Trust Areas.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 7, 2021. If you have any questions
regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
PRINT NAM
AGENCY
SIGNATURE
DATE
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Stare ofNonh Camluta I Enwonmental QuaIrty I Coastal Management
127 Cardinal Drive Fact., Wilmington, NC 28405 919 796 7215
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: The Bonanza Group, LLC c/o Chris Cartwright
2. LOCATION OF PROJECT SITE: The project site is located at 51 Wilmington Street, adjacent to
Canal #15 on Ocean Isle Beach, North Carolina
Coordinates: Latitude N 33°53'34.85" Longitude W 78°25'56.58"
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/16/2020
Was Applicant Present —No
5. PROCESSING PROCEDURE: Application Received — 2/24/2021
14 Day DWR Pre -Filling Deadline - 2/15/21
Application Complete — 3/5/2021
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Ocean Isle Beach
Land Classification From LUP — Residential
(B) AEC(s) Involved: ES, CW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Residential
(E) Water and Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing - Single family residence, bulkhead, docking facility; boat ramp
Planned — Remove boat ramp and install new bulkhead in existing
alignment
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Uplands
N/A
N/A
1000ft2
(Disturbed)
(B) Vegetated Wetlands
N/A
20ft2
N/A
(Coastal Wetlands)
(C) Open Water
N/A
N/A
N/A
(D) Total Area Disturbed: 1020 0 (.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification; SA; HQW Open:; No
8. PROJECT SUMMARY: The applicant proposes to remove an existing boat ramp and install 50 linear
ft. of bulkhead along the existing bulkhead alignment extending the proposed bulkhead across the
previous boat ramp area. The new bulkhead installation would result in the filling of approximately 20R
of Coastal Wetlands and Public Trust Area. ,
The Bonanza Group, LLC
March 10, 2021
9. PROJECT DESCRIPTION
The proposed project is located on the eastern side of Canal #15 at 51 Wilmington Street in Ocean Isle Beach,
Brunswick County. The property can be reached by traveling south on NC HWY 17 towards South Carolina.
Continue 11 miles past the Supply 4-way intersection and make a left turn onto Ocean Isle Beach Road SW.
Drive south on Ocean Isle Beach Road SW for 3.5 miles and continue straight through the round -about towards
Causeway Drive. Continue over the bridge and take a left onto East 2nd Street. Drive down East 2nd Street for
1 mile and take a left onto Wilmington Street.
The proposed project site sits on a manmade canal that connects with the AIW W. Existing structures on the .13-
acre property include asingle-family residence, a,docking facility, a boat ramp, and a deteriorating timber
bulkhead. Based on DCM records, no previous permit history can be found for the construction of the existing
bulkhead or boat ramp. High ground is located approximately 4ft. above normal high water (NHW) and
primarily consists of domestic grasses and ornamental shrubs. The existing bulkhead is located at NHW and
consists of 2 separate sections totaling 40 linear feet wide. The two bulkheads are separated by a loft. wide boat
ramp (See Sheet 2 of 4) located 8ft. off the southern end of the property. The gradual slope of the boat ramp has
allowed NHW and Salt Marsh Cordgras"s (Spartina alternaflora) to extend approximately 2ft. landward of the
existing adjacent bulkhead (See Sheet 2 of 4). Waterward of the existing bulkhead is a strip of Coastal
Wetlands, consisting of Salt Marsh Cordgrass (Spartina alternaflora) that is approximately 1 Oft. wide which
transitions to open water.
The waters of the Ocean Isle Beach canals are classified SA by the Division of Water Quality and ARE NOT
designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to
the harvest of shellfish. Based on visual observations made by DCM staff during the December 2020 site visit,
there appears to be NO Submerged'Aquatic Vegetation (SAV) on site.
PROPOSED PROJECT
The applicant proposes to remove an existing boat ramp and install 50 linear ft. of bulkhead along the existing
bulkhead alignment. Extending the proposed bulkhead across the previous boat ramp area would result in the
filling of approximately 20ft of Coastal Wetlands and Public Trust Area. According to the applicant, the
existing 40ft. wide timber bulkhead is beginning to deteriorate. The,applicant has proposed to replace the
bulkhead in the existing footprint and install a new 1Oft. wide section of bulkhead across the area of the boat
ramp .(See Sheet 3 of 4). The existing return walls and concrete slabs used to create the boat ramp would be
removed and backfilled. Removing the boat ramp and installing new vinyl sheets along the existing alignment
would fill a 2fi. x 1 Oft. area below NHW, resulting in the -filling of approximately 20W of Coastal Wetlands and
Public Trust Area. As proposed, the.bulkhead would include 8ft. return walls on the northwest and southwest
property comers, allowing the wall to be structurally independent of adjacent bulkheads. The proposed
bulkhead would be secured with typical tie -rods and anchor piles and backfilled at ground elevation, resulting in
approximately 1000f12 of high ground.disturbance.
10. ANTICIPATED IMPACTS
Although the existing portion of the bulkhead would be replaced in the same footprint, the applicant has
proposed to remove the existing boat ramp and install,a new 1 Oft. wide section of vinyl wall. Removing the
The Bonanza Group, LLC
March 10, 2021
existing boat ramp and installinga new bulkhead along the existing alignment would result in filling 20ft2 of
Coastal Wetlands and Public Trust Area approximately 2ft. below NHW. Clean sandy loam would be used as
backfill material and result in approximately 1000ftof high ground disturbance within the Estuarine Shoreline
Area. Increased turbidity levels should be expected during sheet pile installation.
Submitted by: Brendan Brock Date: March 10, 2021 Office: Wilmington
Narrative
As the acting agent for The Bonanza Group. LLC, c/o Chris Cartwright who owns
51 Wilmington Street, Ocean Isle Beach, in Brunswick County, I am submitting
the enclosed CAMA Major Permit Application for the installation of a new vinyl
bulkhead. As proposed; the new vinyl bulkhead (50' long with two 8' return walls)
will be installed in the existing footprint of the existing wooden bulkhead. The
existing boatramp will be removed and the new bulkhead will extend across the
10' wide area where the boatramp is currently located. This alignment will also
involve in filling of a small patch (approx. 20 sq. $') of Coastal Wetlands
(primarily Spartina alternora) within the boatramp area.
• The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of nW knowledge and belief.
• The project proponent hereby requests that the certifying' authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
Please feel free to contact me if you have any questions. Thank you.
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
Contact Name *
Contact Emall Address*
Project Owner"
Project Name *
Project County*
Owner Address:*
Is this a transportation project?*
Debbie Wilson
debbiew75@charter.net
The Bonanza Group do Chris Cartwright
51 Wilmington St. OIB
Brunswick
Street Address
P.O. Box 687
Address Lire 2
aN
Elkin
Postal / Zip Cade
28621
(- Yesr'No
Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - r 401 Water Quality Certification -
Regular Express
r Individual Permit r Modification
A Shoreline Stabilization
Does this project have an existing project IDS?
r Yes r• No
Sate / Rwroe/ ragm
NC
Cak"
USA
Do you know the name of the staff member you would like to request a meeting with?
Robb Mairs
Please give a brief project description below.*
Replace existing bulkhead in same alignment and remove existing
boat ramp and bulkhead across it.
Please give a couple of dates you are available for a meeting.
3/8/2021
Please attach the documentation you would like to have the meeting about.
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, IBC
Agent Formpdf
687.03KB
dcrrrrripl.pdf
1.27MB
dcm-mp2.pdf
494.23KB
6dsbng Conditions.pdf
513.68KB
Proposed Structures.pdf
604.97KB
Bulkhead X-Section.pdf
356.74KB
Pd<ab
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is rat required to respond or grant the meeting request.
Your projects thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has a)pired, and you can submit an
application.
Signature *
OWW IU4lacr
Submittal Date 2/19/2021
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
ROY COOPER
Governor
DIONNE DELI:I-GATTI
searrory
BRAXTON DAVIS
DfteMr
SENT VIA EMAIL
Debbie Wilson Consulting
c/o Debbie Wilson
PO Box 16275
Wilmington, NC 28408
NORTH CAROLINA
EhviroranentOQua6ty
March 10, 2021
SENT VIA EMAIL
RE: CAMA Major Development Permit Application
The Bonanza Group, LLC c/o Chris Cartwright
Dear Ms. Wilson:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for State
approval for the replacement of a failing bulkhead located at 51 Wilmington St, Ocean Isle Beach, Brunswick
County, NC. It was received complete on March 51, 2021 and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 191 2021. An additional 75-day review period is provided by
law when such time is necessary to complete the review. Ifyou have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review.. However, an additional letter will be providedon or about the 75th' day.
If this agency does not render a permit decision within 70.days from March 5th, 2021 you may request a meeting
with the Director of the Division of Coastal Management andpetmit staffto.discuss the status of your project Such
a meeting will be held within five working days from the receiptofyour written request and shall include the
property owner, developer, and pmject,designer/consultant
NCGS.I13A 119(b) requires:that Notice. of an application be posted at thedocation of the proposed development.
Enclosed you will find a 'TTotice of Permit Filing" postcard which must be posted at the property of your proposed
development. You shouldpost this notice at a conspicuous, point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property -,.or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an mcomplefe application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions'and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
gtac�ly,
BrendanBrock
FieldRepresentative
cc: Curt Weychert, MHC Keith Dycus, LPO WIRO DCM
USACOE Robb Mahs, DWR Chris Cartwright, Applicant
North CarclmDeparmmmtofFnwoomenW Q%aRt y I Div6fonoFCoasmlManagemern
D �
Washington Office 1943tNashhVWnS4uare Msa I Washlngton North CarormaZ7889 12M9466481
W&t1gton Oftfae I27Card1nalDiive Ectenstan I Wllmingtoit.NorthCamrma284O51 910.796.7m5
MoreheadGtyOfRce 1400Ca®nerce Avenue I Morehead Ctt% North Carutna2855712578082808'
ElIzabeth City Office l 401S0uthGrMStreer,SLdW300I Eftabeth City, North Caro8na2790912522643901
\Tt)'1'I(10$170A
AMA PERMIT
Brunswick Coun`{.
COMMENTS ACCEPTETHROUGH Apx& Z 2027
APPLICANT:
The Bonanza Group, LLC
clo ChrisCartwright
ru ox
Elb:n,NG 20624 --
Agent.• Debbie Wilson
(910) 612-0402
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Nu iv. of Coastalmanagement
127 Cardinalr x .
mmg on,
Brendan 15rock
0
NORTH CAROLINA
Errvvnnmentol (halm'
March 12, 2021
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in Brunswick County
• The Bonanza Group, LLC
ROY COOPER
Crovemor
MICHAEL S. REGAN
secnlm
BRAXTON DAVIS
Mmaor. Dma on of Cowmal Managrmenr
Hello Angie: Please publish the attached Notice in the Wednesday, March 17, 2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of 7arimy Springer.
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
��1y
T Y K. Pibtila�
P tting Support & Customer Assistance
cc: WIRO File — Curt Weychert
USACE
State of Nonh Carolina I Enviromnental Quality I Coastal Management
127 Cardinal Drive Etd., Wilmington, NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On March 10, 2021, The Bonanza Group, LLC proposed to
remove an existing boat ramp & replace w/50 linear fx of new bulkhead at 51 A'dmington St, adj. to a
manmade canal in Ocean1sle Beach, Brunswick County. A copy of the application can be examined or
copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) during normal business
hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to April 7, 2021 will be considered in making the permit
decision. Later comments will .be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
Karns of Property Owner Requesting Permit:'
Mailing:Address:
0
phone Number,
Email:Address:
1 certify that,l-have authorized
to act on my behalf, for the p rposo: of. applying for and obtaining all C-AMAPSMI ts.
the following proposeidevelopmenk
at my property located -at
inbg .Kt. &)1Ck,.County.
Property.owner:fnfotiination:
7his:ceififrcatiQn is validthCough �t�S,..,:!
1 RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
■ Complete items 1, 2, and 3. A. Signature
■ Print your name and address on the reverse X�i
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, 8.jW01Vedby Print
or on the front if space permits. rcirwd
four C's Properties. LLC and
Onh Collier
6310 Urns Sheet
Fayedevilk,N. C 2e311-9315
IIIIIIIIIIIIIIIIiIIIIIIIIII IIiIIIIIIIIIII IIIII
9590 9402 3004 7124 2081 88
PA
7020 0640 0000 0376 4188
Ps Forth 3811, July 2015 PSN 7530-02-000.9053
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to
=mold & Lora Janes
3253John Hall Road
Fayetteville, N. C. 28312-7033
11111111111111111111111111111111111111111111111
9590 9402 3004 7124 2081 71
If
&C,PW Agent
❑ Mdreeaee
C. Date of Delivery
om aem 7T O ves
s below: ❑ No
1VED
FEB 2 4 2021
3. SetviceTyWf 111 v'JILIAINUI{
El Adult Signature ❑
❑ Adult Signature Restricted Delivery ❑
❑ Certified Mall®
❑ Certified Mall Restricted Delivery ❑
❑ Collect on Delivery
❑ Collect on Delivery Restricted Dellvrey ❑
❑ Insured Mail Restricted Delivery
Mail Restricted
Domestic Return Receipt
X S l7M ❑ Agent
v ❑ Addre
V. Reoeived nted N ) D. Date of Del
pY�-1l
2 -«-
D. Is delivery adddre�sysgt ld dlifieren�t from item 1T ElYes
If YES, enter K C I V �LJ. 0 No
FEB 2 4 2021
3. Service v 'v ..il I Iriyoitt'yvMaVil Dress®
❑ Atlutt Signature ❑ Mapl
❑ Adult Signature Restricted Delivery ❑ Iffiertvl Registered Mail Restricted
❑ Certified Mal Restricted Delivery
❑ Collect on Delivery
❑ Collect an Delivery Restricted Delivery
❑ Insured Maii
0 Insured Mail Restricted Delivery
2. Article Number fnanster front seMm /ehel3
7020 0640 0000 0376 4171
Delivery
NC Division of Coastal Management
Major Permit Application Computer Sheet
AECV0.1 IG
Fee: $ ZCi 0 # 20 I
CDAITS _ MHC cc
Applicant: I V
Agent/Contractor
Project Site County:
District: Wilmington
Project Name: 5
Rover File: n/a
River Basin: J I _
"dam✓
Initial date of application submittal:
Date application "received as complete" in the Field office: S ��
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: ❑Yes 010 PNA: ❑Yes o
Photos Taken: Yes ❑ Nop
Setback Required (riparian): ❑Yes o
Critical Habitat: ❑Yes o ❑Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes No
SAV: ❑Yes No ❑Not Sure
Shell Bottom: ❑Yes K]No ❑ Not
Sure
Temporary Impacts: es ❑No
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
from county LUP: wyes ❑No
Mitigation Required (optional):
❑Yes q3No
Moratorium Conditions:
[]Yes �No ❑NA
Environmental Assessment Done.
❑Yes PNo ❑NA
Length of Shoreline:
l'Jr'1
�_LJ FT
Shellfish Area D nation:
Project Description: (code)
Development Area: (code)
Open -or- r los
1� -P
oZ C`c
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
Water Supply
High Quality Waters (HQW) ❑Outstanding Resource Waters fORWI
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
wetlands)
'�I ❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
I miflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp )
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
r ❑ No fee required - $0-00
III(A) -Private D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ ll. Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Prvate no dredge and/or and/or $250
❑ III(C) Privpublic or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Applicant: t `0 V1 t
Date: 3 ) 0 202
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
K
New Work
Maint❑
Replace
Y ❑ N
So r
New Work
eplace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
includes any
disturbance.
Excludes any
Disturbance
total includes
disturbance.
Excludes any
Habitat Name
Choose One
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
amount
temp impacts)
amount
Dredge ❑ Fill Both ❑ Other ❑
-_._impact
2�J
W
Dredge ❑ Fill [� Both ❑ Other ❑
20
Zo
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
-
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293 :: 1.888-4RCOAST :: www.nccDastaiman2ciement.net revised: 0226i18
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/11/2021
Debra Wilson
Bonanza Group,
LGFCU
2104
$250.00
Major Fee, 51 Wilmington St,
BB rct.
LLC
Ocean Isle Beach BrCo NO split
12939
Major Permit Fee Schedule
Project Name: S t c t (^ r ^�` l S� . CountyCheck No & Amount: 2
�ZSo"
Development Type
Fee
DCM %
DWQ
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$250
100% ($250)
0 /oo (so)
)
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100%($400)
0%(SO)
of any wetlands or open water areas:
III. For development that involves the
Filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
_
development, if General Water Quality,
$250
100% ($250)
0°4, ($0)
Certification No. 4175 can be a Ned:
II(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is
$400
°
60 /o ($240)
40% ($160)
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied.
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% (S285)
40% ($190)
of wetlands and/or open water areas:
DCM Coordinator: Curt Weychert
County:
Permit #: i ;�V
Circle o e: Bio Rep / Permit for:
Oversize sent: t�k
WIRO E-MAIL DISTRIBUTION SHEET
a V1
L"ii 6-1
DCM Offices:
Morehead City: PT (if oversize) via Courier I
*cc Curt & Amanda on group email w/ bio. narr. app. drawings, deed, comment sheet
*MHC documents (Curt & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: der & Carteret Co): PN, CL, Reports, Split Sheet _
use both l mingtonNCREG@usace.artny.mil (NH/BR): PN, CL, Reports, Split Sheet
L eg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet
4�IeySiltdtsr - l (PN/ON): PN, CL, Reports, Split Sheet _
Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
DCM Planner/WiRO:
Cultural Resources:
Natural Heritage Prog.
DCA-Rural Eco. Dev:
NC DOT:
Wildlife Resources:
State Property Office:
Shellfish Sanitation:
Public Water Supply:
City of Wilmington:
Enforcement:
_Co. LPO
Agent:
Harding
Christenbury
ee Gledhill -Earley Environmental.Review(ftcdenr.aov_
ney Butler_
c Ziegler _
id Hams
a Dunn w/Reports _
Walton: DEED _
y Moser _
ida Hilliard, Real Property Agent (Bio Reports only) _
my Humphrey (Bio) /
ron Gupton, Admin. _
C stine Hall - Stormwater Section _
an Sams -Land Quality Section
eidi Cox _
Field Rep: '" ✓� v �r
D !�
DISTRIBUTED: I L
Updated 10/01/20 CAMA/Shaun majors docs/eAgency List
t ae•__ 11 ��.... 11 x..,u. yy..7.
Previous Page Book 4082 Page 1013 Next Pal
�I�IIIIII��IIII�II1I111111I111 Biz Ca3�s� a PW
Brunsule Coun v. NC e4lster of DeaW paaa 1 of 4
Brenda n. Clemmans R"Aster of Deeds
e7-18-2018 16:e6:07.en Brunswick County, NC
NC REVENUE STAPIP: SM.ee (6592426)
RatutF
Total ?ev TypeCkSIaL
k#.'
Refund. Cast,
Portonsotdo ^ ^ �mance_,�-
O gmmwmntare 7leC his due to condition
of onglnal.
UlDmrtnent cantons seals verified by Odginal
Insbument that cannot be reprodaeed oroopjed,
NORTH CAROIINA '
GENERAL WARRANTY DEED
Eloctse Tax 3 &oo Recording Time,. Book and Page
Tax Map No.
Parcel Identifier No. 244PA026
Mail after recording to: Hewett Law Firm PLLC, 632 Village Rd., Suite 1, Shallotte, NC 28470
This Instrument Was prepared by Mack kIeat ty Hewett l aw Firm, a licensed NoM Carolina attorney. Detinquentlaws, If
any, to be paid by the closing attorney to the Brunswick County Tax Co)lector upon-disbursentent ofcloslngpro=W
THIS DEED made this — day of June, 2018 by and between
GRANTOR
Fred Woodrow Whirlow (Widower)
2315 Stories FenyRoad
Salisbury,NC 28144
GRANTEE
The Bonanza Group, LLC
A North Carolina Limited LlabilityCompany
P.O. Box 687
Elkin, NC 28621
The designation Grantor and Grantee as used herein shall include said parties,, their heirs,. successors, and assigns, and shall
include singular, plural, masculine, feminine orneuter as required by context.
1MTNE,SSETH, that the Grantor, for a valuable consideration paid by the Grantee, the reoelpt of which is hereby
acknowledged, hat and these presents does grant, bargain; sell and convey unto the Grantee in fee simple, allthatcertain
lot or parcel of land and more particularly described as fo0o'
RECEIVED
See Exhibit "X attached hereto and incorporeted herein by reference
FEB 2 4 2021
DCM WILMINGTON, NC
Previous Page Book:4082 Page;1014 Next Pal
liii� iiii�iiii� iiii Ci i���E Mice m ®;PROP 2 of
AN or a portion of the property herein above described was acquired by Grantor by instrument recorded in Book 624, Page
174 Brunswick County Registry.
A map showing the above described property is recorded in Plat Book 6 Page 1 and referenced within this instrument.
The above described property does not include the primary residence of the Grantor.
TO NAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the
same in fee simple, that title is marketable and free and dear of all encumbrances, and that Grantorwiliwarrantand defend the
title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1) utility easements and rights of way of record, 2) all governmental, zoning, and land use restrictions.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and sea), or if corporate, has caused this
Instrumetttto besigned in.its corporate name by its duly authorized officer(s), the day and 'year first above
written.
►P
.T... ��.•- -- --
:i T.
W.
Title:
ey:
Tale:
STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK
(SEAL)
—(SEAL)
(sEAL)
I.certifythat the following person(s) personalty appeared before me this day, each acknowledging to me ttiat he orshe signed
the foregoing document Fj o Witness my hand and official stamp or seat, this the Q_ day of
My Commission Expires: 26.20
Notary public
Print Notary Namen'hi ,ls oe -S. PC0
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
Previous Page Book:4082 Page:1015
Next Pal
1�
1ItN�I�li County, �I WII Mir e6� � MCi�m� � 1 6�OP
Exhibit 09
Being all of Lot 34, Canal 17, according to a map entitled "An Addition to
Ocean Isle Beach, Sections B & C", prepared by Howard M. Loughlin,
Registered band Surveyor, February 3, 1960, and which said map is recorded
in Book of Maps 6, at Page 1, in the Office of the Register of Deeds for
Brunswick County, North Carolina.
RECEIVED
FEB 2 4 2021
OCNI WILMINGTON, NC
Previous Page Book:4082P,age:1016 NexPf?a[
REGISTER OF DEEDS OFFICE, CARARRUS COUNTY, NORT'.
49urkty. el, Page
Frio hereby certify that thQ ai? yMAs,a
4.thls office.
•Vr@F.89 ntV MK1�8aGa'IICiNt_'lpl l9t'F'tlYtr
RECEIVED
FEB 2 4 2021
DCM WILMINGTON, NC
Previous Page Book:4082Page: 1017
Next Pal
Illhil!I�B�IIIIjy,lCllReg,
lld�
Rvtum 10
Total Rev
cks r
Refund. Cash
a Portions ofdocuawtare Hoeg.
of ot4nal.
GDocument contemn -seals VerM
"Irisirament tt+at cannot be rapt
RECORDING REQUESTED BY:
Wells Fargo Bank, National Association
100 North Main Street, MAC: D4001-049, Winston Salem, NC 27101
WHEN RECORDED_ MAIL T0:
Wells Fargo Bank, National Association
Attn: Collateral Processing
BBOCS Business Lending Loan Operations LDI
P.O. Box 65119
San Antonio, TX 78265
Tax Account Number(s) of Real Property: 244 PA 026
This Deed of Trust Prepared By:
Name: Bill Stallings, Vice -President
•10023132455900023V _
DEED OF TRUST, ASSIGNMENT OF_RENTS AND LEASES, SECT
AGREEMENT AND FIXTURE FILING
THIS. DEED OF TRUST SECURES FUTURE ADVANCES
COLLATERAL IS OR INCLUDES FIXTURES
This DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGR
FIXTURE FILING (this "Deed of Trusf� is dated as of July 13, 2018,,by The Bonanze
whose address Is 112 Church Street, ELKIN, NC 28621, 3432 ("Grantor), to Wells 1
National Bank ("Trustee"I, for the benefit of Wells Fargo. Bank, National Association, cur
100 North Msin Street, MAC:- D4001-049, V&ston,Selem, NC 27101("9eneficiar)").
ARTICLE I. fa8E1 T IN TRt
RECEIVED
1.1 Grant For the purposes and upon the terms and conditions in this Deed of Trust, Gra
FEB 2 4 mi
newarrruswc Job 1850901181.231324M Term Loan VOW 0711020111
DCM WILMINGTON, INC
Previous Page Book:4082 Page:1018
Next Pal
IlII(INIIi 11111(UI(�I(IIIII 002 P1g8 s G M°t
arlmswie rmly, c Regis or of Cade .page 2 of 23
sells, gives, bargains, transfers, warrants, grants, conveys and assigns to Trustee, its heirs, successors
and assigns, In fee simple forever. In trust for the benefit of Beneficiary, with power of sale and right of
entry and possession, Grantor's Interest in: (a) all real property located in Brunswick County, North
Carolina, and described on Exhibit A attached hereto; (b) all easements, rights -of -way and fights used in
connection with or as a means of access to any portion of said real property; (c) all tenements,
hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Grantor, now
owned or hereafter acquired, in and to any land lying within the right-of-way, of any street open or
proposed, adjoining said real .property, and arty and all sidewalks, alleys and strips and gores of land
adjacent to or used in connection with said real property; (a) all buildings, foctures, improvement and
landscaping now or hereafter erected or located on said real property; (0 all development rights,
governmental or gtast-govemmental licenses, permits or approvals, zoning rights and ofher similar
_._.__
fig hTs arinferests:which relate to the de`veopment; ase oc operation of of that'beneflt or ate appurtenant
to, said real property; (g) au mineral rights, oil and gas rights;"air rigt>t" 'water or water rights, including
without 16nitatian, all wells, canals, ditches and reservoirs of any nature and all rights thereto,
appurtenant to or associated with said real property, whether decreed or undecreed, tributary or nort-
tributary, surfaoe or imderground, appropriated or unappropriated, and all shares of stock many water,
canal, ditch or reservoir company, and all well permits, water service contracts, drainage, rights and
other evidences of any such rights; and (h) all interest or estate which Grantor now has or may hereafter
acquire in said real property and all additions and accretions thereto,.and all awards or payments made
for the,taking of all or any portion of said real property by eminent domain or any proceeding or
purchase In lieu thereof, or any damage to any portion of said real property (collectively, the "Real
Propertyt3,
TO HAVE AND TO HOLD the Real Property unto Trustee and its heirs, successors and assigns, in fee
simple forever, upon the trusts and for the uses.and purposes set"forth herein. The listing of specific
rights or property shall not be interpreted as a ilmRalton of ganeraf terms.
12 Secudt_y Agmement and Fixture Filina Pinaed tat �+ n Grantor hereby grants and assigns to
Beneficiary a security interest to:setiwepayment and performance of the=Secured Obligations, in all
portions of the Real Property that shall constitute fixtures; This instrument shall constitute a security
agreement, and Beneficiary shall have.all the rights of:A secured party under flue Uniform Commercial
Code as amended from time to tImt e.'This ,Deed of Trust Is and shall�be effective as a Financing
Statement filed as a fixture filing as and fort the date of ifs recordation in'the real estate recor& of the
Countytn which the Real Property is situated. The name and address of the recordowner of the rear
property and improvements and the debtor Is Grantor fdentifted on the.first page of.this Deed of Trust
The name and address of the Beneficiary, as secured party, and'from whom information concerning the
security. interest created: herein ma-y lle obtained,, is set forth, In Article VI of this Deed of'Tnrst. The
provisions set forth.in Article T of this Deed of Trust describe the ;types and ilems of the personal
property ali'rxed orto be'affaed to the real property and the Improvements. The Fbdures are related to
the real estate described in. Exhibit A'. Grantor is the type of entityidentlfed on the first page of this Deed
of Trust This Financing Statement shall remain in effect as a fixturie filing until this Deed of Trust is
released or satisfied of record.
1.3Addresa, The address of the Real Property (It known) is; 51 Wilmington St, Ocean Isle Beach, NC
2848e, Assessor's Parcel No.244 PA 026. Neither the facture to designate an address nor any
Inaccuracy In the addrass designated shall affect the validity or Priority of the lien of tits Deed of Trust
on the Real Property as described on Exhibit A. In the event of any corifficf between the provisions of
ExhibitA and said address. Exhibit A shall. control.
RECEIVED
ARTICLE II. O01.10. 10NS SE Q
FEB 2 4 2021
neM01rantNO Job19509071et-M1324SWO Tone Loan versa 07112 18 DCM 1YI T0N, NC
BOOR PAGE
1804 0298
"aem"
RECORD';
J LMD 7SRIi!ED
RECtST Er;G•F
NEW HANOVEP, CO. NC.
'99 RUG 22 Pn 112
Enhe Tan according Thus, Haag and page
rn adt ed! ens
Tax Lot No. ... ..._ . ....._.. __. _. Parcel Idaatlger No., f/As,
Verified by _ _ _.. ..... County on the .. .. day of __. 4f Vpr-d ..... 19
by ... _. _ _ ___.. ._. .. _. __ .... .... F!ll.-Mt.-col:._....... __.. _...
. ....... Nan-Aar-ur-ae
-ops.aat-era+ crs'vos•mj'gp
Hail after recording W ... ... N9tban S. Sagglers_ and Judia..H...S t8-o4s.:dm-ada .. .. pT4sr-o4p
110 Hinton Avenue, Wilming"t NC 2R403 ' Gba+ooie'Od0 -Y-0l -eon
.... _.. _ fill FEp Tp. .. Oot-AaT-� ee0!!•010
This, instrument was prepared Ey?iBl f). M2fID, AiilQilCy at IdV _T)pt -py-epi-QW y>O/s'drwa.
l) z -ea, am-O/3-Ant.
Brief description for the Index m'y'mY-a^' de•D!$-No
paydoS-O�+
000134NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this _ 9th ... day of _..._. Atgglitit .._...._. .. , 19.94 , by and between
GRANTOR
DANIM D. NAEN,
Substitute Trustee 11the
Amendaart re IBad Sales Contract
recorded in Boole IGD# page
QZff in the New Hanouwi
County Registry.
GRANTEE
NUHM S. SANCE tS and wife,
JODIA B. SANEM
Enter la appreprla4 Neva laf seek, pNTy: anae, address, and.If appnpdete. character a cater. see. sarprtallea as putuMip.
The designation Grantor and Grantee sa wed herein shall include said parties, their beirs, successor., and assigns, and
shall include aingula , plural, masculine, feminine or neuter as reeuired by context.
WITNESSETH, that the Grantor, for a "Inside consideration paid by the Granlee. the receipt of which is hereby
acimowledged, has and by these presents doe grant, bargain, sell and cower unto the Grantee in fee simple. all that
certain lot or parcel of land situated in the City of Federal Point Township.
New Hanover Cuunly. North Carolina and more particularly described as follows:
Beans all of that pxapprty described in Extubit A hereto
attached and inoor prated herein by reference.
NOV 19 lu
342143
cGa PAGE
i004 0259
The property hereinabove described WY Aquhed by Genutor by instrument recorded In .tW.1Lla.BWDM-Ommty..—•
HlgiStrAy. _..._........_..
A map showing the above described property In recorded in Plat Back. ....._.... ._._........__ Post ........__.........._
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thersto belonging to
the Grantee in fee simple.
And the Grantor cotenants with the Grantee. Nat Grantor is seised of the premises in fee Simple, ha the right to convey
the same in fee simple, that title I. marketable end free And clear of Ali eocombnemss, and that Grantor will warrant and
defend the title against the I.Wful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property bereinabove described is subject to the following "Captions:
Being all of that property described in Eshiltit A herebo
attached and incorporated herein by xefessenoe.
IN WITNESS WnEa[er• oW "Too" " ee40nls fN Llf nW N. 4 ce g ee1,MaY. aY UY4M Um mnrv0em 4 e. !f oN be 4
tO1M44 nNe 4) Ili nW] .aUo.nle OIIIRM1 Ya W 4J U ee L.RY4 roles be .r —I' . EIIer1a- m. Y1 1. IW
ibv..m4a.
_ _ ____ ______ ____________________ ______ n .. .. .. .(SGLI
rom,waw nano a Daniel D. t sw*tltutA Tansies
O
AY _._.._.__..— Y ..._..____ ------- (SEAL)
..............•_._.._—.__.[MNSS .j
Artgg[t w ......................
......................(S.A.)
------------------------- .. .................. ._—_.—_.____. m
i
_ -------a.n.l.q (Grama4 [.tn m ..............................___ __ _______ .. A'.a
xoara
r.�a.�������1� r� y.��...
Neu.] sews a IM reamer w Some Ynptr..4en, Yet _M dol-P .ATatWR-Snhsti.tute
-------------- _--- --------------------------------- ....... ____ nr.w..
.• /al.p L�G U
------------------- __
y verwe.v) a,giRe seise... no. W .6 miamm4wed lap memNp al me r.rsW We.ammL wnbeu a,
4 V
Read me or(hnl I.., ar WE, Yes AM- Ap or ------- .Sn K�_....__................ is _ _.
�:s w.nrr eeaua
m)remm...v4n5:...../13.125._._.._----- /=tt=Xlil.-r-te!s!-^-^ar
,�„niwERi.
SEAL-SIAYr
Nnang [maeLf"A.----------------------- — — 'OYty.
La Nwr) eaNh a tM open, W some ataremM, e.rury um, ---- _-------- __.`.----- ---------- _--
e pmwan)"yW. pw IW Ay W aOaaaUaree IYt.._. ae b ----- _---- _------------ — aprtlMq e
_______________________ a Men r4e11.. mMrm4n. ae0 Wt b alrYamn) W
e
asleet Ye m . am a W earry4eaa, Yes Em.em.f b-occomn .0 mom le W ev.e .) se _.._
• PniMr.t. mmea .W 14 eaepml. YY W mrmol sy _. . ar W •• - AamaWr-
p ____-------M.___-
WImes] m1 aYA ua lneW mamP or .eLL Yb .��Aq Y ....... .y --
41 .emmWloe e.Plrn'. _. --- - • -- --•-
�_••
iN rern.ma <enrthmHH
of--- Y..- -k_- ai•p' --------_••
1nm1
e aN. .e.mm ae ee4eel StY Wtramfat W tam mNteaY aY 4y YSMee.0 at W 64 W nse ue la tW nett W eyes Ww a lY
______________ ....nageytn M OE[n5 FOR .1'1w—uanavow .............
COetl[[
,��.... /��j{�f1/"_�_f-`). ....................ptpVLatwtt• Me.. ,.1 ---do
saA..rt.eaM.atlen.awnaolm-A..e..mpan.Yer..m—... NOV' 9 20Cd
BOOK PACE
. 1804 0300
EXHIHIS A
PARCEL 1: all of the real estate conveyed or attempted to be
conveyed in that certain deed from Ocean Forest Lakes Associates to
Pilots Ridge Development Corporation dated December 9, 1986 and
recorded on December 10, 19a6 in Rook 33S3, Page 1609 of the Now
Hanover County Registry consisting of approximately 238.75 acres of
land in Tract One thereof and approximately 40 acres of land in
Tract Two thereof as described in said deed, the description being
incorporated herein by reference.
PARCEL 2: All real estate the record title to which was vested in
Ocean Forest Lakes associates, a North Carolina Limited
Partnership, on February 120 1987, and being that property which
was conveyed or attempted to be conveyed by deed dated February 12,
1987 and recorded on February 12, 1987 in Rook 1363, Page 374 of
the New Hanover County Registry, said deed being re -recorded on
March 2, 1987 in Hook 1365, Page 918 of the New Hanover County
• Registry, less, however, any portion of the property conveyed out
by Essex Financial Group, Ltd., Royal Dunes Development Corporation
or any title holder subsequent to Ocean Forest Lakes Associates
after acquisition of the title to said property by those owners
subsequent to Ocean Forest Lakes Associates.
PARCEL 3: all of that property conveyed by Nathan S. Sanders and
wife, 3udia B. Sanders, to David E. Huffine, Trustee, as described
in that deed recorded in Book 1756 at Page 0060 of the New Hanover
County Registry, the description of which is hereby incorporated by
reference.
EXCEPTING, HOWEVER, all lots or parcels previously conveyed.
NOV 19 2020
q AORI To REOM BOOR PAU
AT M 1662 04 Ll
STATE OP NORTH CARDULKWWMER Q;U,4TY DECLARATION OP RRSTRICTIORS ..
RANOVER Of
CUUNTr OP REf1 RIVER�ISLIND, SECTION 1
(❑ ♦fie
THIS DRCLRRATIOE OF EESTRICTIOES, made this the /J day of
Nay. 19951 by EAMCO OF MIIiRROTON SERVICE CORPORATION, a North .
Carolina Corporation, herein referred to as "Developer";
OM054A MITER S 8a2 H t '
THAT Developer is the Owner of all of the interest and equity
in
that certain tract of land known as Lot , Section 1_, RIVER
_
- -
_5
ISLAND, and it is the desire of the Developer, to ensure the use Of
raid property for attractive residential purposes only, to
-
prevent
the impairment of the attractiveness of the property, to maintain
'
the desired tone of the community, and thereby to secure to each
lot owner in RIVER ISLAND, the full benefit and enjoyment of his
- -
- -
home with no greater restriction upon the free and undisturbed use
of his lot than is necessary
.- -
to ensure the sales advantages to the
other lot owners in the subdivision._
-
NOW, THEREFORE, the Developer does hereby covenant, agree and
declare
to and with all persona, firms, or corporations owning or hereafter acquiring Lot g Section
RIVER ISLAND, as shown upon a map recorded in Nip Book 34 et page �381�� , of the Now
Hanover County Registry, that eaiT%t is hereby
a subject to
the following restrictions as to the
use thereof, running with the
land by whomsoever owned, and that all of the lots to be sold in
RIVER ISLAND, to be shown on future maps to be recorded in the New
Hanover county Registry, shall be made subject to the following!?
restrictions as to the
'
use thereof, running with the whomsoeverlead by
owned, to -wit:
'
1.
L USE
be knownRaslsiingllee-familyyrresidentialY: All ta in lots,said
and shallvbeiusshall
residential purposes only.
2. SIZE OF STRUCTURES= Only single family dwellings will be
allowed. The inclusion of detached serVaDt's "mother-
-
quarters or
in-law quarters" shall not be considered a violation of this
restriction. No
one-story dwelling containing leas than 2,400
square feet of heated floor space will be allowed on any lot in the
'
!;ubdivision. No two-story dwelling containing lean that 2,800
square feet of heated floor apace will be allowed on any lot in the•
r
'
subdivision. No three-story dwelling containing less than 3,000
^,quare feet of heated floor apace will be allowed on any lot in the
- -
Subdivision...
..
1
..
RECL41 V•CiJ. " .....: :.
NOV 2 5:2026
3M72
Tr
--
-42
Carr
SOOK
18 8 Z PAQF
8129
detached 2cm
must beconstructed onaea h lot in the Subdivision aattthe wo ( timeaof
construction of the primary dwelling located thereon.
In cases where the square footage area computed as provided
( onmm herein is not more than ten percent (101) below the minimum
requirements established herein, the Developer or its designated
agents may, in its sole discretion, approve the construction of the -
dwelling if it is in conformity with the general development of the
Subdivision.
Driveways on each lot shall be constructed of black or dark
gray concrete, brick, asphalt, exposed aggregate or other material
approved by the Developer.
3. DRTAC:= sTnUCSORRm: All detached structures, including
Pump houses, constructed on any lot In the Subdivision shall
conform to the design and material specifications and colors
approved for the dwelling constructed thereon.
4. PIRRB: No individual pier construction shall be allowed on
any of the individual private lots.
S. RrTRRIOR COMPOSITION: No concrete block, concrete brick,
asbestos siding, aluminum siding, cinder block or tar paper
composition shall he used for the exterior of env dwelling
constructed on any lot located in the Subdivision, it being
intended that only conventional frame, clay brick, stucco, or vinyl
exteriors be constructed on the lots subject to these covenants.
6. SNTRaCR RXQUIRRM®T8: Since the establishment of standard
lots tends
building setback lines for the location of houses on
lore tends to force construction of houses directly to the side of
other houses with detrimental effects on privacy, views,
preservation of important trees and other vegetation, ecological, and related considerations, no specific setback lines are
established by these restrictions. In order to assure, however,
that the foregoing considerations are given maximum effect, the
Developer reserves the right to control and approve absolutely the
site and location of any structure upon any lot.
7. PRCRImITRD U8R8: No lot located within the Subdivision
shall ever he used for business, manufacturing, commercial or
professional purposesit being intended that all lots are
restricted to residential use only. .
8. TO@ORSRT STANCTUNNS: No house, trailer, mobile home,
tent, shack, garage, or temporary structure of any nature, shall be --
located on any lot or used at any time as a dwelling, temporarily
or permanently, nor shall any structure of a temporary character be
used as a residence. -
2
�MIN
BOOK PACE
1882 0130
9. FENCING: The Developer reserves the right, in its sole
discretion, to approve all fencing plans for any lot in the
Subdivision. Any owner of any lot who desires to erect a fence
thereon must first submit a perimeter plan for said fencing, along
C *w. with the specifications on materials and design to the Developer
and obtain the Developer's approval prior to the beginning of
construction of said fence. Developer encourages fencing, but it
must be of an historical style.
10. CLASHES LINES: The outdoor drying of clothes and the
erection of outdoor clothes lines or similar devices in the
Subdivision shall he subject to the approval of the Developer, and
then only when thoroughly screened from view.
11. IAM SALES: No yard sales or garage sales shall be
permitted upon any lot in the Subdivision.
12. SIGNS. No advertising signs or billboards shall be erected
on any lot or displayed to the public on any lot, except that one
sign per lot, not to exceed five (5) square feet in area, may be
used to advertise a completed dwelling for sale. No -For Sale -
signs are allowed on any unimproved lot. This covenant shall not
apply to signs erected by the owner of the lot (individual or
Developer) used to identify and advertise the Subdivision as a
whole, by the general contractor/builder of the residence doing the
construction, or by a bank or mortgage bank advertising that it has
provided the financing for said construction, provided that such
financing advertising is included on and made a part of the general
contractor's/builder's sign.
13. FUEL TIM, swoRlk= RMVTACLRS, RTC.: No fuel tanks or
similar storage receptacles located on any lot may be exposed to
public view. Any such receptacles must be installed only within
the main dwelling house, within an accessory building, within a
screened area, or buried underground.
14. ANTENNAE, SATELLITE DISSSS: possession and placement of
television antennae, or television or radio satellite dishes on any
lot in the Subdivision shall require the express written approval
of the Developer. Thorough and effective screening for the same
Shall be one of the essential conditions for the granting of such
approval by the Developer.
15. ANINALE, NUIsANCSS:
(a) No noxious or offensive activity shall be carried on or
maintained on any lot or part of any lot, nor shall any use be made
Of any portion of said property which may be or nay become an
annoyance or nuisance to the neighborhood.
M
NOV 2 5 2020
C_�T
lOOH PACE
1882 0131
(b) No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot in the subdivision, except that
dogs, cats
'
or other household pate may be kept for the purposes of
Providing companionship for the private family. Barking dogs shall
be
restrained by their owners to the satisfaction of the
<
surrounding residents. Animals ere not to be raised, bred or kept
for
�w
commercial purposes or for food. It Is the purpose of these
provisions to restrict the use of any lot so that no person shall
quarter on said lot cows, horses, bees, hogs, sheep, goats, guinea
fowls, chicks,
geese, rabbits, chickens, turkeys, skunks, snakes,
or any other animals that may interfere with the quietude, health
or safety of the community. No more than four (4) household pets
will be
'
permitted on any lot. Pets must be restrained or confined'''
on the homeowner's back lot inside
a fenced area or within the
house. It is the pet owner's responsibility to keep the lot clean
and free of pet debris. All animals must be properly tagged for
identification,
-
and further, must be kept on a leash when not
confined within the fenced area. When such animals are not confined
within a fenced srea of the owner's yard, it is the pet owner's
responsibility to remove any pet debris left by their pet upon any
of the lots
'
or common areas within the subdivision. Any costa
incurred by the other lot owners or the Association as hereinafter
'
'
established, for the removal of pee debris left by the pet of a lot
- -
owner upon any lot or upon any part of the common areas shall be a
charge against the owner's lot
.r
pet and shall be assessed against
that individual lot owner as a special assessment and subject to
the regulations regarding liens and assessments as hereinafter set
forth. The Association may, in
'
I�"•
addition, establish a schedule of
fines for violations of this Paragraph and much fines shall be
•-.
assessed as a spacial assessment and collected in the seme manner
as costs
-•�
'":. .•`rT. ;..
of removal provided herein...
(c) Unsightly or inoperative junk cars, equipment,
materials and like
'
exposures cannot be maintained on the property
either prior to or after the residence has been erected on any lot.
'
Further, automobile maintenance and repair should occur inside the
-
garage, and at no time shall automobiles be allowed to be placed on
jacks
•
or blocks, in the view of neighboring residents, even for a
brief time
_
period.
.
IS- CONSTRUCTION APPROVALS:
.:..
(a) It is the intent of the Developer to create a
"historic looking" neighborhood and that all home construction aridlandsc
'
`
uld
e in anconsistet with the -Old South-,
not
"Antebsallum•,�or other tylesdor blends styles as may be found•-
in the Historic Districts
of New Bern, North Cerolios, wilmington,
North Carolina, Charleston, south Carolina, or Savannah, Georgia.'
All building plans for any structure to be constructed in the
subdivision
shall be approved by the Developer prior to the
beginning of construction.
Front, rear and side elevations,
together with specifications on the
exterior siding, windows,,"+
.
4
..;•..
t ..
SCOX PACE
1882
doors, roofing and exterior colors 3together with actual color
samples, as well as complete interior floor plans, suet first be
submitted to Developer for review and approval prior to the
beginning of construction, to include site work.
(b)Landscaping
d gshall buildl be approved by the Developer
Simultaneously building plans. Plans submitted for
approval shall include a sits plan with lot lines, building
outlines, driveways and parking areas. Identification of
vegetation to be removed is required. Landscaping plans shall
Include Sufficient cover to Screen air conditioner compressors and
trash receptacle areas, and shall provide visual breaks to the
building foundation. Each lot shall include significant areas of
sodded lawns, and all landscaping shall be maintained and watered by underground irrigation sprinkler systeas. Landscaping plane me
submitted shall Specifically encompass the entire lot and include
regular proper mowing and maintenance from the foundation of the residence to the edge of the lot line or to the edge of the Pavement of the private right of way. Further, removal of any
existing vegetation shall require the express written approval of
the Developer. It is the intent of the Developer herein to
extensively retain as much of the natural existing vegetation, as
well as the natural existing placement of the ease in order to
Preserve and enhance the natural aesthetics of the Island
development as c fully h possible. The intent of this article being
to have landscaping which will enhance the "historic look" of the
Island.
(c) Removal of any tree with a caliper of 3" or more at a
height 2' above the ground shall always require written approval of
the Developer or the Home Owners association if such responsibility
has been transferred to the Home Owners association.
(d) all trash and debris shall be cleaned from the site
within fifteen (15) days after completion of the main structure on
any lot. During construction, trash and debris shall be removed
from the site daily to prevent ubsightly accumulations and the
resulting spread thereof to adjacent property. Dumpsters or fenced
areas shall be required for the placing of loose trash and debris.
Dumpsters shall not be placed within any street right of way. Upon
a lot owners failure to collect and dispose of such trash and
debris within fifteen (15) days after receipt of written notice
from the Developer, Developer may collect and dispose of same at
the lot owners expense.
(a) all property improvements on any lot must be completed
within six (6) months after the beginning of construction.
(f) Developer may appoint a committee to assist it in the
review of plans and specifications hereunder. after all lots in
the Subdivision have been sold and closed, all of Developer's
responsibilities for such approvals will be turned over to a
c 0 fwm
BOOK PACE
1882 0133
committee appointed for such purpose by RIVER ISLAND OWNERS
ASSOCIATION, as herein established.
(g) No structure, planting or other material my be placed
in such a manner or location as to
impede
maintenance of utilities and drainage facilities,
Unless the
location and manner of use thereof has been first approved in
writing by the Developer.
17. PROmINITAD PAANImps campers,Po boats, trucks, earn, trailers,
recreational , travel trailers, or other type of
reavehiclmotorcycles,
may be parked or stored on any of the common
areas or the street rights of ways in the Subdivision. All
vehicles referenced herein shall be parked in the rear of each
individual lot and screened from neighboring views by a minimum of
six feet of significant screening material (e.g. treated wood
fencing or natural vegetation, or both), except that each
individual lot owner may have a total of four cars, minivan or
Pickup trucks routinely parking in the subject driveway for each
individual lot.
le. EABEImTN AND MURTidMi:
() Easements for the installation
aand main
utilities and drainage facilities are reserved enance of
ea shown tthe plat
Of RIVER ISLAND. Easements are also reserved for the installation,
operation, maintenance and ownership of utility service lines from
the property lines to the residences. The Developer reserves the
right to make changes in an additions to the above easements for
the purpose of most efficiently and economically improvements. By acceptance installing
of a deed to any lot, the owner
thereof covenants and agrees to mow weeds and greys and to keep and
maintain in a neat traverse a Portion of theclot, and din ithe evon ent that the Buyer t which mo
Purchaser of any lot within the said subdivision breaches this
restriction, the Developer reserves the right to enter upon said
lot and now, the grass, clean up the lot and remove unsightly
structures and objects, at the owner's expense.
All maintenance
squired hereunder shall also include
that area from the lot line
taved streets and any easements that
traverse any portion of the lo
(b) The general grading, slope and drainage plan of a lot
MAY not be altered without the express written approval of the
appropriate New Hanover County authorities, and the Developer, and
other appropriate agencies having authority to grant such approval.
(c) Each lot owner shall maintain the exterior of all
buildings, fences, walla and other improvements on his lot in good
condition and repair, and shall replace worn and rotten parts, and
shall regularly repaint all painted surfaces and shall not permit
Nov 25 2020
-- 322
100K FACE
1882 0134
the roofs, rain gutters, dowHapouts, exterior walls, windows,
doors, walks, driveways, parking areas or other exterior portions
of the improvements to deteriorate in an unattractive manner. The
maintenance referenced herein shall he supervised and regulated by
the Homeowners Association. In the event that the lot owner shall
fail to comply, the Homeowners Association is expressly hereby
C D *MN- authorized, and the lot owner hereby expressly agrees, that said
maintenance and/or repair may be effected by the said Homeowners
Association with the expenses incurred for the same to be assessed
against the individual lot owner as a special assessment and
subject to the regulations regarding liens and assessments as set
- forth herein in Paragraph 24.
19. STORnHATER RUNOFF REODL4110=3 Restriction of built upon
areas:
(a) Built upon area, defined: Built upon area shall mean
that portion of each lot that is covered by impervious or partially
impervious cover, including building, pavement, recreational
facilities, etc., but not including decking. The built upon area
for each lot shall not exceed 6,350 square feet, unless and until,
the State of North Carolina shall revise its stormwater runoff
regulations to permit a greater built upon area for each lot.
(b) Built upon area, restricted: No more than 6,350
square feet of any lot of River Island subdivision shall be covered
by structures and/or paved surfaces, including walkways, driveways
or patios of brick, Stone, elate or similar materials, all of which
constitute effective impervious cover which is controlled by North
Carolina Coastal Storawater Regulations. The Developer reserves
the absolute right to re -calculate the maximum allowable built upon
area for each lot if required by North Carolina coastal Stormwater
Regulations. This covenant is intended to insure continued
compliance with stormwater runoff rules adopted by the State of
North Carolina, and therefore compliance may be enforced by the
state of North Carolina.
10. BSILITT NABIIOSM: The Developer reserves the right to
subject the real property in this subdivision to a contract with
Carolina Power and Light Company for the installation of
underground electric cables and/or the installation of Street
lighting, either or both of which any require an initial payment
and/or continuing monthly payment to Carolina Power and Light
Company by the owner of each residence.
21. MUL BOZES AND NEwspApER So]=.. Each lot in the
Subdivision shall have only one (1) mailbox and one (1) newspaper
box to be mounted on a single post, and all such boxes and posts
shall be of a historic style and must be approved by the Developer.
Such mailboxes or paper boxes may be provided by the Developer.
Any boxes provided by the Developer Shall be considered an
improvement and must remain with the lot.
7
c �l
BOOK PACE
1882 0 13 5
22. NATER AM SXM,
(a) All water to be used in said subdivision for domestic
purposes shall be obtained from the community water system, unless
C ❑ K other sources are approved by the City -County Board of Health and
the owner of the community water system, or their BuccessOts. Lot
owners may, however, drill shallow wells for irrigation purposes
and for non -domestic usage. An eight (8) foot radius from each
water meter shall be an easement for maintenance and repair of such
meter. Additionally, the front (10) feet of each lot is hereby
reserved for utility easements.
The Developer hereby grants an easement to the
community water company along all streets and roads in the
and subdivision
for the purpose of installing, maintaining, repairing
replacing water lines.
The Developer hereby expressly retains the right to
Provide for the water needs of each individual lot to be supplied _ by the drilling of individual wells by the individual lot owners, - as en individual alternative or a collective alternative to the
community water system described herein.
(b) Sewage disposal systems shall be only into the New
Hanover County sewage collection system, or private sewage
collection system for the Subdivision, or through individual septic
tanks, only if a sewage collection system is not available.
23. BOAT SLIPS:
(a) Each lot set forth on the Subdivision plat recorded
in Map Book at Page of the New Hanover County
Registry, shaft include and be assigned, one non -severable boat
slip in the marina dock area in the RIVER ISLAND Subdivision as
shown in Exhibit A hereto attached and incorporated herein by
reference. Assignment of the slips pursuant to this paragraph shall
be made by the homeowners association as hereinafter established,
and slip assignments shall be made on a first -come, first -serve
basis as each of the lots in River Island is conveyed by the
Developer. The homeowners association shall maintain, as part of
the corporate records, a record of the assignment of slips and may - issue such documents to the association members as it Shall deem
necessary to evidence such slip assignments.
(b) Except as hereinafter provided, no property interest
concerning the herein described boat slips shall ever be conveyed,
sold, transferred, leased, mortgaged, or otherwise encumbered
individually and apart from the lot associated with the boat slip
assigned to it. Lot owners is River Island, with the approval of
the homeowners association, which shall not be unreasonably
e
( Q On).
00
BOOK PACE
withheld, ma exchange lope , 1 3 6
Y g 3 tween themselves to suit the needy
of the owners of the lots. The said boat slips shell be exclusively
for the use of the owners/residents of the primary residence of the
Subject lot. Guests shall not be permitted to use, enjoy, or
occupy the said boat Blip for more than any seven (7) days in a
given (30) consecutive day period. Any exceptions to the guest
time period set forth herein shall require the express written
consent of the homeowners association with an individual, case by
case, review and consideration.
) The Board
ciation
as herein c established ofDirectors
have thethauthorri yars to afoorrmulate,
Publish, and enforce reasonable rules and regulations concerning
the use and enjoyment of the boat slips and pier areas. Enforcement
of such rules and regulations may be made by the levying of fines
for violations, which shall be asssased, collected, and enforced
against the responsible lot owner(s) in the same meaner as a lot
assessment pursuant to paragraph 25 of this Declaration.
24- OWNERS ASSOCIATION- To provide for the maintenance,
repair, upkeep and replacement of the private streets, bridge,
street signs, pier, dock, boat slips, walkways, gazebo, fire
Protection water tank and appurtenances, irrigation system, and
other amenities, and other common areas, the Developer has formed
RIVER ISLAND OWNERS ASSOCIATION, INC., a non-profit corporation
rganized pursuant to Chapter 55A of the General Statutes of North
Carolina. The Association shall be responsible for providing any
necessary liability insurance. The Articles of Incorporation for
said corporation are recorded in Book _, at Page of the
New Hanover County Registry. The By -Laps for said Corporation are
attached hereto as Exhibit •B^, and are incorporated herein by
reference.
Every owner fee simple
title to a lot within the
development shallbe deemed to own, possess end have accepted:
(a) A membership or memberships in the RIVER ISLAND
OWNERS ASSOCIATION, INC., appurtenant to his lot(s);
(b) An undivided equal interest with all other owners,
for each membership in the Association owned, in the Association
and all of its assets;
(c) An easement of access and enjoyment, equal to that of
all other owners, in and to all of the streets, common areas and
amenities, subject to the right of the Association to dedicate or
transfer all or any part of the common areas and amenities, for
ouch purposes and subject to such conditions as the Association may
determine, acting by and pursuant to the provisions of its duly
enacted By -Laws.
9
W& PACE
1882 p13?
(d) The duty of complying with and abiding by all of the
provisions of these Articles, the By-laws of the Association and
the Rules and Regulations of the Association, including the payment
< ❑ *ae of dues and assessments as provided herein.
25. LIMM AND AsBNBBIZM: The Association has heretofore
been given the authority to administer the operation and management
of the common areas and the amenities, of the property, it being
recognized that the delegation of such duties to a single entity is
the beet interests of the owners of all lots subject hereto. To
properly administer the operation and management of the common
areas and amenities, the Association will incur, for the mutual
benefit of all the owners of such lots, costs and expenses
sOnetimee herein referred to ae •common expenses*. To provide the
funds necessary for such proper operation, management and capital
improvement, the Association has heretofore been granted the right
to make, levy and collect assessments against the members of the
Association and their lots. In furtherance of this grant of
authority to the Association to make, levy and collect assessments
to of, pay the costs and expenses for the operation of, the management
and for capital improvements to the common areas, which for the
purposes of theme By -Laws shall be deemed to include, but not be
limited to, the common areas and amenities, and all other
improvements, the following shall be operative and binding upon the
owners of all lots:
(a) The owner of any lot subject hereto, with the
exception of the Developer, by acceptance of a Deed therefor,
whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association:
(i) annual assessments or charges; and
special assessments for capital improvements
or special assessments as established by the
Board of Directors of the Association, such
assessments to be established and collected
as hereinafter provided.
The annual and special dssessments, together
with the interest, costs, and reasonable
attorneys fees, if any, shall be a charge on
the lots and shall be a continual lien upon
each lot against which they are levied. Bach
such assessment, together with interest, costs
and reasonable attoroey,s fees, shall also be
the personal obligation of the person or entity
who is the owner of such lot at the time when
the assessment falls due. The personal
10
N0V.2 5 20ZU:.
BOOK POE
1882 0138
obligation for delinquent assessments shall not
Pass to any successor in title unless expressly
assumed by him.
(iii) The Developer shall only be required to pay
1"f twenty-five percent (25i) of the regular annual
�l assessments on any lot owned by it prior to its
sale. For example, if regular assessments on
A lot are $100.00 per year, Developer shall
only be required to pay an assesssent of $25.00
Per year per lot owned by it at the beginning
of the assessment period.
(b) The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and
welfare of the residents of the property in particular for the
maintenance, repair and replacement of all common areas (including
but not limited to common bridge, common pier, amenities and
streets.)
(c) The annual assessments for each calendar year shall
be established by the Board of Directors, and my be increased by
the Board of Directors for any calendar year without approval by
the membership by an amount not to exceed ten percent (10%) of the
maximum annual assessment of the previous year. The maziaum annual
assessment for any calendar year may be increased without limit by
a vote of two-thirds (2/3) of the members who are voting in person
or by proxy at a meeting called for this purpose. .
(d) in addition to the annual assessments authorized
above, the Association may levy, in any calendar year, A special
assessment for the purpose of defraying in whole or in part, the
costs of any construction, reconstruction, repair or replacement of
a capital improvement to the common areas (including but not
limited to common bridge, common pier, amenities and streets),
Provided that any such assessment shall have the assent of two-
thirds (2/3) of the vote of the members who are voting in person or
by proxy at a meeting duly called for this purpose. All special - - assessments shall be fixed to the uniform rate for all lots and say
be collected on a monthly basis.
(0) written notice of any meeting called for thepurpose
of taking any action authorized under paragraph 24(d) shall be sent
to all members not lass than ten (10) days nor more than sixty (60)
days in advance of the meeting. At the first such meeting called,
the percent presence
of aAmembers
lb votes or
of of themmembershipxies tshhaall ocast constit to to
quorum of the preceding meeting. NO such subsequent meeting shall
be held more than sixty (60) days following the preceding meeting.
11
( 0 w.
W
9 rhQE
Z 0139
collected a
(f) The annual assessments provided for herein shall be
the first de yearly basis and shall commence as to all lots on
y of the month following recordation of this
Declaration of Restrictions. The first annual assessment shall be
adjusted according to the number of months remaining in the
calendar year.
the due date shall assessment
bear interest at the aid within
rate of fourteen yppearcent (14%) per annul from the date due until paid. The Association may
bring an action at law against the owner personally obligated to
pay the same or foreclose on the lien against the lot, and
interest, costs, and reasonable attorneys fees of such action for
foreclosure shall he added to the amount of such assessment.
(h) The lien herein granted unto the Association shall be
enforceable from and after the time of recording a claim of lien in
the public records of New Hanover County, North Carolina, which
claim shall state the description of the lot encumbered thereby,
the name of the record owner, the amount due and the date when due.
The claim of lien shall be recordable my time after default and
the lien shall Continue in effect until all sums secured by said
lien As herein provided shall have been fully paid. such claims of
lien shall include only assessments which are due and payable when
the claim of lien is recorded, plus interest, costs, attornay•s
fees, advances to pay taxes and prior encumbrances and interest
thereon, all as above provided. Such claims of lien shall be
signed and verified by An officer or agent of the Association.
Upon full payment of all sums secured by such claim of lien, the
as
s shall be satisfied and canceled of record. The lien provided
for herein shall be subordinated to the lien of any first mortgage
or Dead of Trust and any person, firm, corporation or other entity
Acquiring title to any lot by virtue of any foreclosure, deed in
lieu of foreclosure or judicial sale, shall be liable and obligated
only for assessments As shall accrue and become due and payable
subsequent to the date of acquisition of such title, and such owner
shall not be liable for the payment of any assessments which were
in default and delinquent at the time such owner acquired title.
In the event of the acquisition of title to a lot by foreclosure,
deed in lieu of foreclosure or judicial sale, any assessment or
assessments as to which the party so acquiring title shall not be
liable shall be absorbed and paid by all owners of all lots As part
of the common expenses, although nothing herein contained shall be
construed as releasing the party liable for such delinquent
assessment from the payment thereof or the enforcement of
collection of such payment by means other than foreclosure.
he gale of
all phases of RIIVVERtISLAND, theDeveloperrmacent y turn over ) of the lots in
control of
the owners Association to a Board of Directors to be elected by the
membership in accordance with the BY —Laws of the Association.
12
( 13 *r
GOOK PAGE
0140
Until such time, howe4,6 {Aa Developer shall elect the Board of
Directors of the Association.
26. IRVALIDATIOme Invalidation of any one of these covenants
by judgment or court order shall in no way affect any of the other
covenants herein, which shall remain in full force and effect.
27. VZOLATI01i If the parties hereto, or any of them, or
their heirs or assigns, or any other party subject hereto, shall
violate or attempt to violate any of the covenants herein, it shall
be lawful for any person or persons owning any real property
situated in said RIVER ISLAND to prosecute any proceedings at law
or in equity against the person or persons violating or attempting
to violate any such covenants, Bud either to prevent him or them
from doing so or to recover damages or other dues for such
violation.
28. vALIDITI: All covenants, restrictions and affirmative
obligations set forth in these Restrictions shall run with the land
and shall be binding on all parties and persons claiming under them
to specifically include, but not be limited to the successors and
assigns, if any, Of the Developer, for a period of twenty (20)
years from the date hereof after which time all said covenants
shall be automatically extended for successive periods of ten (10)
years unless an instrument signed by the owners of a majority of
the lots (not including mortgagees or trustees under deeds of
trust) substantially affected by such changes in covenants, has
been recorded, agreeing to change said covenants in whole or in
part.
29. DEVRLOpRR,S RIORT To AmamD: Developer shall have the
right, at any time prior to December 31, 2005, to amend these
Restrictions, in whole or in part, without the consent or joinder
of any owner of any lot in said subdivision, so long as such
amendments do not impair the property values of the other lots in
RIVER ISLAND.
IN TESTIMONY WHEREOF, SARCO OF wxLmINGTON SERVICE COMVORATIOf,
the Developer, has caused this instrument to be executed in its
corporate name by its duly authorized officers, and its corporate
seal to be hereunto affixed, by authority of its Board of
1 Directors, this _ 11 day of May, 1995.
�a rL�ry SANCO OF IIROTOR BRv RPOR�lG�Ids
A; ATTEST P By: r(S6ALI
Te Na n S. Ser ere reH dent
7ud a B.A era, Secretary
O Y
\y o 13
b�
s
00
(030r —
eooe p 1 y 1
1882
STATE OF NORTH CAROLINA
❑ COUNTY OF NEW HANOVER
I, �,✓a.J, d Gi..J.�, a Notary Public of said County and
State, dThare y cart t et Judie B. Senders personally appeared
before me this day and acknowledged that she is the Secretary Of
SANCO OF WILMINGTON SERVICE CORPORATION, a North Carolina
Corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by herself
as its Secretary.
Witness my hand and notarial stamp or seal, this the
day of May, 1995.
My Commission Expires::- w'ry �.`i/ terPub c
/��L9
i....- �O
� �•: i th
ornrm•w
STATE OF NORTH CAROIINA
Nm,Hawser Cammlyy
� iui�/ads G. oW odelld
MgrAQimelW nbYcb/+rt tctl&d
wbeaemq.
lti+me 12 d.Id May w 95
by
nO�Ndt..-
o:pwy/�wuse
14
M
NOV 2 5 2on