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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