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HomeMy WebLinkAboutOI_17-54_ Flieler/Findlay (2)u .z2, Oak Island 0117.54 Local Government Permit Number CAMA MINOR DEVELOPMENT Ic- PERMIT Coastal Management :NVIPONMENTAL OUALITv as authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission for development In an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" Issued to Fred Flieier & Donna Findlay authorizing development in the Ocean Hazard (AEC) at 202 BE 641n 5t., in Uak Island, Brunswick County as requested in the permittee's application, received 3/02/2018. This permit, issued on March 16, 2018, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. This permit authorizes: the construction of a single family residence with associated development. (1) All proposed development and associated construction must be done in accordance with the permitted site drawing dated received on 10/10/2017 & 3/2/2018. (2) All construction shall conform to the N.C. Building Code requirements and all other local, State and Federal regulations, applicable local ordinances and FEMA Flood Regulations. (3) Any change or changes in the plans for development, construction, and/or land use activities will require re-evaluation and modification of this permit. (4) A copy of this permit shall be posted or available on site throughout the construction process. Contact this office at (910) 278-5024 for a final inspection at completion of work. (Additional Permit Conditions on Page 2) 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 on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on; December 31, 2021 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. rz t y f YU-f10— C�- t1 trY�t11,,�- Donna Coleman CAMA LOCAL PERMIT OFFICIAL 4601 E. Oak Isla MEIVED Oak Island, NC 28465 MAR 16 2018 PERMAPLMINGTON, NC (Signature required if conditions above apply to permit) Name: FlielerlFindlay Minor Permit # 0117.54 Date: March 16, 2018 Page 2 of 2 (5) The permittee is required to contact the Local Permit Officer (910) 278-5024, shortly before he plans to begin construction to arrange a setback measurement that will be effective for sixty (60) days barring a major shoreline change. Construction must begin within sixty (60) days of the determination or the measurement is void and must be redone. (6) Any structure(s) constructed within the Ocean Hazard area shall comply with the NC Building Code, including the Coastal and Flood Plain Construction Standards of the N. C. Building Code, and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (7) All buildings constructed within the ocean hazard area shall comply with the NC Building Code and the Local Flood Damage Prevention Ordinance as required by the National Flood Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are inconsistent with any of the following AEC standards, the more restrictive provision shall control. (8) The proposed residence must meet the Town secondary dune ordinance Sec. 14-123. - Purpose and intent. (9) All buildings must be elevated on pilings with a diameter of at least 8 inches in diameter if round, or 8 inches to a side if square; and the first floor level of the sills and joists must meet the 100-year flood level elevation. (10) All pilings shall have a tip penetration greater than eight feet below the lowest ground elevation under the structure. (11) Dune disturbances will be allowed only to the extent necessary for development and if the dune's protective value is not weakened or reduced. Disturbed dune areas will be immediately stabilize (12) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetated and stabilized (planted and mulched) within 14 days of construction completion. (13) If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgement becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. (14) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time when it becomes imminently threatened and in any case upon its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place within two years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not affect the permit holder's right to seek authorization of temporary protective measures allowed under CRC rules. SIGNATURE: DATE: PERMITTEE RECENED NJ A � 6 AEC HAZARD NOTICE Project Is In An: x Ocean Erodible Area _ High Hazard Flood Area Inlet Hazard Area Property Owner: Fred Flieier Property Address: 202 SE 64th St, OKI, NC 28465 Date Lot Was Platted: This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Concern include the condition that structures be relocated or dismantled ifthey become imminently threatened by changes in shoreline configuration. The structure(s) must be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information, as accepted by the Coastal Resources Commission, indicates that the annual long-term average ocean erosion rate for the area where your property is located is a feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 3c26feet landward in a major storm. The flood waters in a major storm are predicted to be about _ 1 Q —feet deep in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be cornRlete. 0-10-17 Applicant Signature Date SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be remeasured. Also, the occurrence of a major shoreline change as the result of storm within the 60-day period will necessitate remeasurement of the setback. It is important that you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized. It is unlawful to continue work after permit expiration. For more information, contact: �orjr l A F.- 0_,nk-_(vA Local Permit Officer 4(,C I E. OaL DQ Address Oay �yCo�~ Locality (910) Phone Number c�co(emar� a' C'�. oak--ls�.nc�. nc. us 'ECEIVED DCM WILMINGTON, NC NOV 0 6 2017 Revisedkt AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: Fred Flieler Mailing address: Po Box 944 Oak Island, NC 28465 Phone Number: 910-269-3051 I certify that I have authorized Custom Island Homes by Ken Kiser Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of Single family dwelling at my property located at 202 SE 64th St, OKI, NC 28465 in Brunswick County. This certification is valid through 6-30-18 Date (Property Owner Information) Signature Fred Flieler Print or Type Name self Title 10-10-17 Date 910-269-3051 Phone Number uponstilts@aol.com Email Address i;EC-JVED DCNI WILMINGTON, NC N 0 V 0 6 2017 -.L,v�uai INFORDSAT� LAND OWNER Fred Flieler Name PO Box 944 Address City Zip 2 8 4 6 5 _Phone Oak Island State Email ken@kenkiserhomes.com AUTHORIZED AGENT Name Custom Island Homes by Ken Kiser LLC 137 NE 37th St Address 28465 Oak Island State NC Zip�_Phone City 910-524-0633 910-524-0633 t Email ken@kenkiserhomes.com LOCATION OF PROJECT: {Address, street name and/or Ndirec28465 ti 4 6 5 site. If not oceanfront, what is the name of the adjacentwaterbody.} 202 SE 64th ST, 0 , single family residen— r osed construction and land disturbance.) tia we ing DESCRIPTION OF PROJECT: {List all p op 38 226.5 square feet 0.877 acres SIZE OF if (Single-family ff] Multi -family ❑ } CommerciaUlndustrial ❑ Other LJ OSED USE' Residential fn PROP COMPLETE EITHER (I} OR (2} BELOW (Contact your Local Permit Officer if you are not sure which AEC applies to your property}: 2866 (iOCEAN HAZARDAECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet {includes air conditioned living space, parking elevated shove ground level, non -conditioned space elevated above ground level but excluding non -load -bearing attic space} 2 COASTAL SHORELINE AEC$: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT (} square feet {includes the area of the roof/drip line of all buildings, driveways, covered decks, UPON SURFACES: aof t AEC. Attach your calculations with the project drawing.} concrete or masonry patios, etc. that are within the applicable STATE STORMWATER MANAGEMENT PERMIT: is the project located in an area subject to a State Stormwater Management Permit issued by the NC Division of Water Quality? S\ J 8 R-z418 * W $ a20 114 YES X NO square feet. If yes, list the total built upon area/impervious surface allowed for your lot or parcel: 51Z R EIVED EC MAR 16 2018 DCM WILMINGTON, NC OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste minor development permit, including, g Conservation, FIA treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning. Insulation rro Energy H gghhway Connection, and Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, others. Check with your Local Permit Officer for more information. STATEMENT OF OWNERSHIP minor development permit, being either the owner of property in an AEC or a 1, the undersigned, an applicant for a CAMA that the person person authorized to act as an agent for purposes of applying for a CAMA minor development permit: certify application has a significant interest in the real property described therein• This interest can be listed as Landowner on this app described as: (check one) 02541 1 vested in Fred F i i e l e r , see Deed Book an owner or record title, Title is 0 5 3 3 the Brunswick County Registry of Deeds. page inthe virtue of inheritance. Applicant is an heir to the estate of an owner by County. probate was in if other interest, such as written contract or lease, explain below or use a separate sheet &attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS. es adjoining this property. I affirm that I have given I furthermore certify that the following persons are owners of properties and to apply for a CAMA permit. ACTUAL NOTICE to each of them concerning my intent to develop this property Y (Address) Tov3n am Oak Island (1} Michael Fife (z) (3) (`t) 820 Elaine Ct Ale ria, vA 2 AC"OWLEDGEMENTS: cu- hich acknowledge that the land owner is aware that the Local Permit officerhasexplained t me �ewp� 1, the undersigned, may be susceptible to erosion an cUor flooding. I acknowledge that e d problems associated with this lot. This explanation was accompanied by recommendations concerning stabitiza- lar Nazar p tion and floodproofing techniques. grant, and do in fact giant, permission to Division of Coastal Management staff, I furthermore certify that I am authorized to fficer and their agents to enter on the aforementioned lands in connection with evaluating information the Local Permit O related to this permit application. / This the 6_ hday of O_ c_ t 120 1 application MA permit :,andowner or person authorized to act as hisiher agent for purpose of filing a CAIccation, the n includes: general information (this form), a site drawing as described or $00.OQ made payable to the locality, and This application a check for pp these sources are ownership statement, the Ocean Hazard AEC Notice where necessary, an information as may be provided orally by the applicant. The details Deviatiton from these deta Iswillinstitute a violation of y f ction. incorporated without reference in any permit which may be is i any permit. Any person developing in an AEC without permit is subject to civil, criminal an�'�� )p MAR 16 2018 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner applying for Permit: F-IrZA FF{e.(er Mailing address: Phone Number: I certify that I have authorized Zo-ck a.r4 T Ct ©user Agent i Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of at my property located at _ 40403 T01r+C1'1s.e., S�e(� � -� Oak Zsla'nj� ►tjC, 2g � in "'�rUel-S i Ck- County. This certification is valid through tb 1 1� 2oi8 �— Date (Property Owner Information) Sin Lure Print or Type Name Title /o -17-17 Date 703- g95-3t4a Phone Number Fi FAE� CIAV10A01, &M Email AV -dress RECEIVED DCM WILMINGTON, NC NOV o62017 NOTES: Jr ------'- ALL D15TANCE5 5HOWN ARE �d4 si Ili I ' ' HORIZONTAL GROUND 015- d�� ' - - . - • • I r v THAT TH15 5URVEY 15 OF AN�_ ! FRONTC 25' EXISTING PARCEL OR `• c r . , , - , , • - REAR - 20' PARCELS OF LAND. h' • - , • , . • . • -1 51DE - b' PROPERTY ADDRE5S: .site � 2025.E. 64TH STREET �' l OAK ISLAND, N.C. NCa 'O 5CAL) (f) e PARCEL r 250AH0060I LOT AREA: 36,226.505F. +/- ' - - .' • '/ . s 5 � - • .. � . . - . lLEGEND: Q .�. LLJ E!P - IXlSTING IRON PIPE PROPERLY OWNERS 411� ° 3j R1W RIGHT OF WAY FRED FUELER $ DONNA FINDLAY �� l ?; a1 ; C2 - CENTERLINE 5T LOT BA, BLOCK 2A, PHASE I C`' / ZIA - N 15F - IRON 5TAKE FOUND t� r161 l IRF - IRON ROD 5ET OAK ISLAND, N.C. IL d ry PLAT- IO 1- PG. 69 geotechnical filter fabnc `3• on sides, ends and bottom. PARKING SPACES (overlap ' min. at breaks 4, _ 3 - 5FOROOM5 1 3' r)T-i 2 - LIVING AREA stone exposed P" 4 - PARKING 5PACE5 GO G. $rw PROVIDED 6 #57 Stone oA •4• 2 1.4' 40% voids ��� a f :or 7 DETAIL FOR ttom of trench f . Y OLOCr 2A- rHAsfONE 'h TURTLE CRffK GRAVEL DITCH ga!! maintain zero r r U4PY, 5o5At A77 N. T 5. radePARCEU x= 9.05' \r BUA ALLOWED BEFORE LOT OIV151014 WAS 5,126 5r ~ 7.25 A5 5HOWN /At RESTRICTION F CONVEYANCE FOUND IN DEED BOOK 9 / O, PG, 1076, NO BUA WA5 A5516NED TO THE NEW LOT5, AFTER 0/V15/ON W PLAT BOOK / 01, PG. 60, IF YOU A55IONEO THE BUA 5A5E0 ON 5F OF EACH LOT, LOT 6 HAS 21,331.10 5F f LOT BA HA5 38, 226.50 5F, LOT 6 WOULD GET 2, 125 SF f LOT 6A WOULD BE 3,000 5F } J r- ! NOTE: COULD NOT FIND THE STORMWATt"R PERMIT NUMBER FLOOD STATEMENTLOT AREA. 36,22C.50 5F : FIRM: 370202 TOTAL iMPER IOUs AREA: == 2,666 , 665E 99Bter' y l — �f 4.7a ' PREFIX °J075 IMPERVIOU5 CALC- HOU5E o7a,., �• ZONED VE 19 EFFECTIVE DATE:6 2-06 I = 244 SFX 1.5112= 30.5 CF13.53 = 6.64 ar10LF 2= 5005FX 1.5112= 62.5 CF13.53 - 177or2OLF �~ 3- 244 5FX 1.5112= 30.5 CF13.53 = 6.64 or IOLF 4= 625 5FX 1.5-12=76. 13 C1`53.53= 22.13 or 25 LF4 �whr u r?ri n 5= 625 5FX 1.5112=76. 13 CF13.53= 22.13 or 25 LFI 6=3405FX 1-5112=42.50CF13.53= 12.03orl5Lf�� t�4yP�1 tc 7-'r IMPERVIOU5 CALC. DRIVEWAY `rade encased with l = 96 5F OF CONCRETE DRIVEWAY 1r fabnc 965FX 1.5/12- . 125 =12 CF huJh Itrator quc14 0.5 D X 1.4W X 2B' L x , 40% VOIDS W GRAVEL plus capacity cha_bcr 12.54 cf and end caps undis 3.5' sod 12' iE57 stone Same data Tor all thrre dnveways Load Bcanng �tio m CHAMBER DETAIL TOTAL VOLUME TO BE 5TORED = 356.36 CF h 22. l CF1 PER 4' 5FCT10N ,o g vegetative cover native sal filter fabnc 2 R 3'topGngS u � (Mrn.) - REV151ON l 0/9/20 / 7 u LOCATED THE SECONDARY DUNE REVISION l0/1012017 ° ° 3' 3' 2' attach downspout RF LOCATED 20' PRIVATE EA5EMfNT (typ) to 'r ated pax PEV15ION 212 7120 1B MOVED HOUSE FROM Geosynthetrc I TOP OF SECONDARY DUNE 5' aggregate NON LOAD BEARING A/� 26O39,01 orL lY1 W11 V Z 0 1 8 5URVEYEO DY.• JR5 DRAWN L3Y,• AD CHECKED BY: JRD „ G�� WLLMINGTON, NC NOTE5 ALL 015TANCF5 SHOWN ARE HORIZONTAL GROUND 015, THAT TH15 5URVFY 15 OF AN EX15TIAIG PARCEL OR PARCELS OF LAND. PROPERTYADDRE55: 202 5. E. 94TH STREET OAK 15LAND, N.C. PARCEL # 250AH00601 LOT AREA: 36, 226.50 5F. +/- PROPERTYOWNER-5 FRED FLIELER # DONNA FINDLAY LOT 6A, BLOCK 2A, PHASE I OAK 15LANO,N.C. PLAT- ! 01- PG. 69 r c oaf c � /S/dna nL' o} r hG U; geotechnrcal Niter fabric on sides, ends and bottom. (overlap ' min. at breaks stone exposed cone. -5/w .8' #57 stonc J.4' 404b voids DETAIL FOR ottom of trench GRAVEL DITCH hall maintain zero N. T S. 3rade BUA ALLOWED BEFORE LOT DiV1510N WA5 5,126 5F A5 5HOWN /N RE5TRICTION * CONVEYANCE"FOUND IN DEED BOOK 910. PG. I076, NO BUA WA5 ASSIGNED TO THE NEW LOTS, AFTER DIV/S10N /N PLAT BOOK /Ol , PG. 60. IF YOU A55/GNE12 THE BUA 5A5F0 ON 5F OF EACH LOT, LOT 6 HA5 21,331.10 5F t LOT 6A HA5 35, 226.50 5F LOT 6 WOULD GET 2,12,5 5F F LOT BA WOULD BE 3.000 SF NOTE: COULD NOT FIND THE 5TORMWATER PERMfT NUMBER LOT AREA: 36,226.50 5F +/- TOTAL IMPERVIOU5 AR54: 2,666 5F 2.666 5F136,226.50sf = 6% IMPERVIOU5 CALC- HOUSE l = 244 SFX 1.5112= 30.5 CF13.53 = 6.64 orIOLF 2- 500 5FX 1.5112- 62.5 CF13.53 = 17.70, 200F 3= 244 5FX l.5112- 30.5 CF13.53 = 5.64 or /OLF 4= 625 5FX 1.5-12=76.13 CF13.53= 22. I or 25 LF 5= 625 5FX 1.5112=76.13 CF13.53= 22.13 or 25 LF 6=3405FX 1.5112=42.50CF13.53= 12.03or15LF IMPERVIOU5 CALC. DRIVEWAY I = 96 5F OF CONCRETE DRIVEWAY 965FX L.5112= .125 =12 CF 0.5D X 1.4WX 26' L x .40% V0105 /N GRAVEL = 12.54 cf same data for all three dnveway5 TOTAL VOLUME TO BE STORED = 356.36 CF REV15ION 101912017 LOCATED THE SECONDARY DUNE REV1510AI 1011012017 RE -LOCATED 20' PRIVATE EASEMENT M1 0 1-1 or-e. _ r _ SF78ACK5 FRONT - 25' - - . . . . ` REAR - 20' . . . . . . . ./ . SIDE - d' . . . . . . . Q. LEGEND: ElP - exISTING IRON PIPE RAN - RIGHT OF WAY low CA - CENTERLINE 5T. 15F - IRON STAKE FOUND r� IRF - IRON ROD 5ET z PARKING 5PACE5 3 - 5EDROOM5 2 - LIVING AREA a Tyr 4 - PARKING, P» PROVIDED 6 4` w l LOr7 BLOCK 2A - PHA5E ONE p TuRnt CR£EK MAP Y, PG. 55 -r„ ri 6"• PARCV 1250AH007 8 P FLOOD 5TATEMENT.- FIRM: 370202 ec ss PANEL: 2075 ( rRF PREFIX °J' ZONED VE 19 -i EFFECTIVE OATE:6-2-06 10° d'S7 stone ade enc_a5ed with lter fabric infiltrator, qurck4 rl plus high capacity cLl.imber and end caps undorstu 3.5' 12 #57 stoneLoad Beang CHAMBER DnETAIL RECEIVED 22, 1 CFI PER 4' 5ECTION vegetative `Y�rA R 16 2 018 robve soil �'/I filter labnc rigs c WI INGT©N, N P 0. 3' 3' 2' attach downspout (typl (t p) to 4' perforated pipe Geosynthehc 12'EZflow bvndle aggregate NON LOAD BEARING 1203 H FITIOW DETAIL 26.4 gaHf or 3.53 c0f SURVEYED BY. JRB DRAWN BY, JRB CHECKED BY: JRB GRAPHIC SCALE O a 11 �0 tl W S-zit.t wLIe.CS <,.-1. ••, it9� nMeNl ss�l'n r TI,L W— V M T. 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OWNER C£RTIFACATION ID NO -A LONG BEACH PARTNERSHIP /' /+•J � , REE-A LONG BEACH PARTNERSHIP / �!a OCr. 2 OUR -A LONG BEACH PARTNERSHIP '// '�` .y mAlr.c•rlam ✓ % .!, .rrurL Jv Tra .v.wrN: taws: ' KEN CLIrTCN - AGENT / •�/. toc vJo nm.rNc foR.P NJ]••r w:-wrs m (919) 278-9B58 il•'L nwT m TV[IT.L oRa - r•Jrf[ r- i' #TURTGAGELS . i•O-A IC.MLl� TTAST OF SRLLNVILL[1 4O4 LINE C_MTIrACATG 01" Ol�NSN IP w0 ACOlIAT 1ON 0 1 KAM COTT ' I M TNL KINi of Ty. PADPa1Y 1- M PG¢RIRA MaDN. CM 1 LOCATED IM 1NL iVSD1D151oN AMISPICTId a THE rMi Dr TANG SrwoN MD TMLT I HarLTY n1IXT THIS rLIW Uf MDtvtslDN NrTN nr rra CPtRGff. LST ' Ar '- nIN1tRM MIi LDIK S[TMIOf LNM>Q, wD OQrICnTC3 RLI. STRE[TT. 1--,•__ _ - LL[YS��. NaD OTNa zITTs wND [A![nLriS rn M ,,mic CA "Al-"16E K NorEn. riiTlmD1OAE. 1 NEIRIY DTHT TOM Dr LOC MxNL M[K. STOM IDr[n i NATTJRIM[S TP Sr NL OF KcnTPTION _ --3'�TE 014712 IIW'LNTJ/�%!fIGNI TINIL pA o rro nN]o RTLAIV. IC OCEAN zCG'�"TURTLE CREEK — PHASE 1 ROBERT 9. t&WEAf", SR SHEET 3 OF 3 (LONG BEACH PROPERTIES) a}c+src7mLMSrLIWOvrw z-er9 SLICK 1-A. SECTION' EAST LONGEiALH ,'a AOrLONG Lr_GM NCIM CAROLtrN zt.[-SHITWILLE TOIIESNIPWVJNSNICK COUNT/ LO'b X�I• ACDJTE: O-L.-12 fCIM.E: iI` w l..OM No: D 01[CE[D ■T: MM LE l•'LOO FI CLO ]Rook; ZLB-Z7 M.- By: JN �c ' ►vita t n ON LNNIWIIM W ��''gg ALL D15TANCE5 5HOWN AARL�' T2MTiAL}GROUND D15. Pi 'All 3t1�i�,Y 15 OF AN EX15TING PARCEL OR PROPERTY ADDW55: 202 S.E. 64TH 5TREET OAK /5/AND, N.C. PARCEL # 250AttOO601 LOT AREA: 36, 226.50 SF +/- PROPERTY OWNERS FRED FLIELER $ DONNA FINDLAY LOT CA, BLOCK 2A, PHASE I OAK ISLAND, N.C. PLAT-1 OI - PG. 69 1-1 ` w ti v � slte 3 geotechrtrcal filter fabnc on s 11111 ends and bottom. (overlap 'min. at breaks stone exposed cone. Mw #57 stone 1.4' 40% vad5 ttom of trench all marntarn zero DETAIL FOR gra e GRAVEL DITCH N. T.5. LOT AREA: 36,226.50 SF +/- TOTAL 1MPERVIOU5 AREA, 2,669 5F 2,666 5F13B,226.505f = 6% IMPERVIOUS CALC- HOU5E I = 244 5FX 1.5/12— 30.5 CF13.53 = 6.64 orIOLF 2- 5005FX 1.5/12— 62.5 CF13.53 — 17.7or 20LF 3— 244 SFX 1.51,2= 30.5 CF/3.53 — 0.64 or 101F 4= 625 5FX 1.5-12=78.13 CF/3.53= 22. f 3 or 25 LF 5= 625 SFX 1.5112=78.13 CF13.53= 22.13 or 25 LF 6— 3405FX 1.5112=42.50 CF13.53= 12.03 or15 LF tMPERVIOU5 CALC. DRIVEWAY 1 - 96 5F OF CONCRM DRIVEWAY 965E X 1.5112= .125 = 12 CF 0.5v X 1.4W X 26' L x .40% V0105 IN GRAVEL = I2.54 cf same data for all three dnveway5 TOTAL VOLUME TO BE STORED = 356.36 CF REV1510N l 01912017 LOCATED THE SECONDARY DUNE REVISION /0/l 0120 / 7 RE -LOCATED 20' PRIVATE EASEMENT SETBACKS _ FRONT - 25' REAR - 2C ./ . 5/DE - 8' LEGEND: EIP- IXI5TING IRON PIPE R/W - RJGHT OF WAY C2 - CENTERLINE5T. 2•ZA' 15F - IRON STAKE FOUND / IRF- IRON ROD 5ET . PARKING 5PACE5 3 - BEDROOM5 2 - LIVING AREA 3'~ ryr-r 4 - PARKING v� �,.- PROVIDED 6 tOT 7 BLOCK 2A - FHA5f ONE TURTLE CRfU t MAP Y, /W. 55 PARCMlf R50AKC07 �_� Xa6.4 r� "� ea FLOOD STATEMENT: q�vN FIRM: 370202 PANEL: 2075 XRF4.70' _ PREFXX J' ZONED VE/9 EFFECTIVEDATE:6-2-06 '530 Inc/10*,05_7 5tone grade encased with r fabnc rndltrator qu+ck4 plus hrgh ca�pa^cSrty�chamber undo ur r 3.5` I1� TIVED s,5 12' F57 stone Load Beanng CHAMBER DETAIL 22. 1 CF1 PER 4' 5EC77ON MAR 16 2018 vegetative cover rvt ve Sat ,g5 N" MINGTON, w _ Q 4 3' 3' 2' attach downspout aw) gyp) to 4' perforated pipe C.eosyntheGc 12' EZNow bundle aggregate NON LOAD BEARING 1903 H EMOW DETAIL 26.4 gaNf or 3. 53 cliff SURVEYED BY: JRB DRAWN BY; JRB 10-6-17 Date cf Oak Island Adjacent Property Owner Mailing Address City, State, Zip Code Dear Adjacent Property: This letter is to inform you that 1, Permit on my property at Receipts for Certlfied Mail (Staple Here) have applied for a CAMA Minor Property Owner 202 SE 64th St , Brunswick Property Address Fred Flieler In COUNTY County. As required by CAMA regulations, I have enclosed a copy of rry permit application and project drawings) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have any questions or comments about my proposed project, please contact me at 910 - 5 2 4 - 0 6 3 3 ,or by mail at the address fisted below. If you wish to Applicant's Telephone file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permk Program, you may subrdt them to: Donna Coleman ~ Local Permit Officer for the Town of Oak Island 4601 E. Oak Island Dr. Oak Island, NC 28465 Sincerely, Fred Flieler Property Owner PO Box 944 Mari mg Address Oak Island, NC 28465 City, State, Zip Code �EC,C__ DCN1 WILMINGTON, NC N 0 V o 6 2017 I I DOWNTOWN LAS VLGA3 201 LA}VGA BLVD "i �TL IOU LAS VEGAS NV 89101-9997 3148860008 10 11/20 17 (800)275-8777 10:,11 AM Product Salo F i r ta I 1 Deicr i PI t on 01Y Pr j ,,,e First-class 1 $0.49 Mail Letter (ALEXANDR1A, VA 223CO) (Weighl:Ci Lb 0.80 Oz) (Expected Delivery Day) (Fri day 10/13/201.7) Certified 1 f@@USPS Certified Mail H) (7017t450000105779341) Pelu n 1 $2 .75 Receipt (@@uspS F�etut­n Rece i p-t 4) (95909402285470691185422) - Total Cap Chancie 31" aaa fee Ug a 1­1 h �P (check bOK, SerVice $ Sec,epardcoPY)t Raturn t {electronic) $ fleturn ,,Weed Delivery $ &d Mal jCOI pegUired $ re (JAJufI S'gr'otu tUfa ResWeed Delivery $ JJA 147 $6.59 $20-00 ($13,41) VOY 10-6-17 Date _ Michael Fife Adjacent Property Owner 820 Elaine C t Mailing Address Alexandria, VA 22308 City, Stale, Zip Code Dear Adjacent Property: This letter is to inform you that I Fred Flieler Receipts for Certified Mail (Staple Here) have applied for a CAMA Minor Property Owner Permit on my property at 202 SE 64th St, , in Oak Island. Property Address As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection farm. If you have any questions or comments about my proposed project, please contact me at 910 — 5 2 4 — 0 6 3 3 or by mail at the address listed below. It you wish to Applicant's Telephone file written comments or objections with the Town of Oak Island LAMA Minor Permit Program, you may submit them to: Donna F. Coleman Local Permit Officer for the Town of Oak Island 4601 E. Oak Island Dr. Oak Island, NC 28465 Sincerely, Fred Flieler Property Owner PO Box 944 Mailing Address Oak Island, NC. 28465 City, Stale, Zip Code RECEIVED DCM WILMINGTON, NC Nov 0 6 2017 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT FOR CAMA MINOR PERMITS I hereby certify that I own property adjacent to Fred F l i e l e r Is property located at (Name of Property Owner) 202 SE 64th St , OKI, NC Address, Lot, Block, Road, etc.) on Atlantic in Brunswick N.C. (Waterbody) (Town and/or County) He has described to me as shown in the attached application and project drawing(s), the development he is proposing at that ration, and, I have no objections to his proposal. (APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED) Signature Michael Fife nt or Type Name Telephone Number Date REGMIVED Dr,N1 WILMINGTON, NC Nn 0 6 2017 Statee of North _Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James G. Martin, Governor William W. Cobg6 Jr., rY May 5, 1992 DIVISION OF MMR01UW M MANAGOW-M Mr. Kenneth Clifton The Furman Company 252 South Pleasantburg Drive Suite''100, McAlister Centre Greenville, South Carolina 29607 Subject: Certification of Compliance with Stormwater Regulations Project No. 920418 Turtle Creek, Phase I Brunswick County Dear Mr. Clifton: Bob Jamieson Wonal.Manager The wilmington Regional office received the Stormwater submittal for the subject project on April 29, 1992 and project information on May 1, 1992• Based on our review of the p j plans and specifications which limit the built -upon area on Lots lots 10 through 13 on Block 4-A, Lots 9 through 12 on Block 3-A to 5,500 square feet and 5,128 square feet of built -upon area -on the remaining 39 lots identified, we have determined that the project complies with the Stormwater Regulations set forth in 'Title 15A NCAC 2H. 1003 (a)(2). This Certification shall be effective from the date of issuance until rescinded and the specificat shall as filed with the wbe constructed in ilmingtoneRegionalthe offiplans and specifications Any modification of the plans submitted to this office or further development of this site will require an additional Stormwater submittal/modification and approval prior to the initiation of construction. Modifications include but are not limited to; project name changes, transfer of ownership, redesign of.built-upon surfaces, addition of built -upon surfaces, redesign or further subdivision of project area. -continued- 127 Cardinal Drive Extension, Wilmington, NC 28405-3845 - TdePhwe 919395-3900 ° Fex %9350W0.20ar t D i�U%i WILMINGTON, NC An Eq w oppommity Affi madve Aedon EmPiOW Nov . VW Stormwater Certification No. 920418 May 5, 1992 Page 2 of 2 ----------------------------------- Within thirty (30) days of the recording the required deed restrictions with the Registrar of Deeds Office a copy of the deed restrictions should be forwarded to the Department of Environmental Health and Natural Resources, Water Quality Section, 127 Cardinal Drive Extension, Wilmington North Carolina 28405. The deed restrictions provided to this office must be accompanied with the deed book number and page. Failure to record and/or submit the deed restrictions is considered d violation of the Certification. If you have any questions concerning this matter, please call Paul Rawls or me at (919) 395-3900. Sincerely, r Dave Adkins Water Quality Regional Supervisor PER:DSK5:920418.MAF Attachment cc: Jack Burnish, Plantation Builders and Realty Robert Tucker, P.E., Brunswick County Building Inspections Bill Mills, P.E., DEM Stormwater Wilmington Regional Files Central Files RECEIVED bCNI WILMINGTON, NC NOV 0 6 2017 ECEIVED Prepared By: Geddings & Kleva, PLLC Attorneys at Law 8721 E. Oak Island Drive Oak Island, NC 28465 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK II I I IIII I III III I 111111111 Jill 11111111 Brend P02 Clons 281 8,005 PR P Brunswick County, NC Register of Deeds page t of 2 Return to '9 \ Type Total Rev_ int. —& Ck $ Ck #� IV t�_�Cash $ Refund Cash $ Finance �- fO Portions of document are illegible due to condition of original. la Document contains seals ventled by original instrument that cannot be reproduced or copied. INSTRUMENT OF COMBINATION THIS INSTRUMENT OF COMBINATION, made this _ day of January, 2018 by Frederick Thomas John Flieler and wife Donna Evelyn Findlay, (hereinafter referred to as "Maker") of P.O. Box 944, Oak Island, North Carolina 28465. THAT WHEREAS, the Maker of this INSTRUMENT OF COMBINATION owns certain properties (lots) which were acquired by the following deeds: Deed Book 2541 at Page 503; Parcel # 250AH00801 (Lot 8A Block 2A PH-1 Turtle Creek PL 101/69) Deed Book 2541 at Page 503; Parcel # 250AH008 (Lot 8 Block 2A PH -I Turtle Creek PL 101/69) WHEREAS, the owner wishes to consolidate Lot 8 and Lot 8A Block 2A PH -I Turtle Creek PL 101/69 into a single lot and tax parcel for compliance with both Brunswick County North Carolina and Oak Island Zoning regulations, all taxation, and assessment purposes only; and WHEREAS, this is a limited special purpose instrument for the purpose specified above and is not a conveyance and is a re -platting of the property and does not change or modify in manner the ownership interest in the abovementioned property; and MAR 16 2018 WHEREAS, upon execution and recording of this Instrument of Combination Lot 8 and Lot 8A Block 2A PH-1 Turtle Creek PL 101/69; Oak Island, NC are hereby combineNOWILMINGTON, NC single lot and parcel for compliance with Brunswick County North Carolina and Oak Island Zoning regulations, all taxation, and assessment purposes only. Description is as follows: BEING Lot 8, Block 2A, Phase I, of Turtle Creek Subdivision, Long Beach (Now Oak Island) North Carolina, a map of which is duly recorded in Map Cabinet Y at Page 55, Brunswick County Registry. TAT vUTTTTFCC \A 14PR F.nF the maker has hereunto set his hand and seal the day and year first a - 01 Illl�lllllillllllllll�llllllllll111 la�� M. Cl monsY2B'PR P Brunswick County, NC Register of Deeds page 2 of 2 Thomas (SEAL) Donna STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK �kvvt- , a Notary Public of said County and State, do hereby certify at varrell FreThomas john Flieier and Donna Evelyn Findlay personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official sea r stamp, this _ _ day of ��,, c,�.- L / , 2018. Notary Public r v(7 oclY A. M Commissi Ex Tres (SEAUSTAMP) Y p ��OTAiti 1, V'EIVED 62018 ;NGTOW,10 9 10 t 072 �a P,iW:IRAF !t STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK =DEC 17 r;t MASTER DECLARATION OF COVENANTS, CONDITIOfff%_jVj AND RESTRICTIONS FOR TURTLE CREEXA,i THIS MASTER DECLARATION OF COVENANTS, CONDITIPNS AND RESTJtICTI,ONS FOR TURTLE CREEK is made as of this 17 day of 1992 by TWO -A, Long Beach Partnership, THREE -A, Long Beach Partnership and FOUR -A, Long Beach Partnership, collectively called "Developer"; op W I T N E s S E T H THAT, WHEREAS, the aforementioned partnerships are te gL hQT _ respectively Of certain tracts of land being more fully descries as Blocks 2A, 3A and AA, East Long Beach, Brunswick Comsipy Ra Carolina; and ��1----- — WHEREAS, Developer has subdivided a certain portion of said tracts into building lots and has caused plats of the portion of said tracts so subdivided to be recorded in the Office of the Register of Deeds, Brunswick County, North Carolina, in Map Cabinet W , at Page 344. and 3T5 and 346 WHEREAS, it is the desire of Developer to subject the aforedescribed lots to certain covenants, conditions and restrictions in order to: a. Insure the best use and most appropriate development and improvement of the described lots. lots in Turtle Creek b. proteer t the use that ners of will ewill impair depreciate the value against wily impropLop of their property. C. Guard against poorly designed and proportioned structures and structures built of improper or unsuitable materials. d. Preserve, so far as is practical, the natural beauty of Turtle Creek. e. Insure harmonious color schemes. f. To encourage and secure the erection of attractive residences, with appropriate locations thereof and to secure and maintain proper set backs from streets and adequate free space between structures. q. To provide adequately for a nigh quality of construction on said properties. RECEAVED T-IC` I WILMINGTON, NC Pi^.c G910 � _ NOW, THEREFORE, the DEVELOPER here 7c,'Iclares that the lots shown and designated on the aforedescribed plat shall be held, transferred, sold and conveyed subject to the following covenants, conditions and restrictions: 1. No ,buplld' walkway, clazeb2�fpn, a or other structure shall be erected, place or a tere:d an any lot until the proposed building plans, specifications, exterior color or finish, plat plan (showing the proposed location of such building or structure, drives and parking areas) and construction schedule shall have been approved In writing by Turtle Creek, its successors or assigns (hereinafter DEVELOPER). DEVELOPER may refuse to approve plans, specifications or location upon any ground, including purely aesthetic considerations, which in the sole and uncontrolled discretion of DEVELOPER shall be deemed sufficient. No alterations in the exterior appearance of any building or structure shall be made without like approval of DEVELOPER. DEVELOPER shall have ten (10) days in which to approve or disapprove any plans. 2. No plans shall be approved unless the proposed structure will have the minimum required square footage of enclosed dwelling area. As a general rule the minimum requirements for single story dwellings, except for beach front lots, shall be one thousand two hundred (1200) square feet. DEVELOPER reserves the right, in its sole and absolute discretion to waive the minimum stated only in the event the characteristics of a particular lot or architectural plan warrant such waiver. In no event shall approval be given for a dwelling containing less than one thousand (10001 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used In these minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does not Include garages, boat sheds, terraces, decks, parches and like areas. Dwellings located on beach Eront lots shall have, as a general rule, a minimum square footage of one thousand six hundred (1600) square feet, provided, however, DEVELOPER reserves the right, in Its sole and absolute discretion to waive the minimum stated only in the event the characteristics of a particular lot or architectural plan warrant such waiver. In no event shall approval be given for a dwelling containing less than one thousand two hundred (1200) square feet of enclosed dwelling area. The term "enclosed dwelling area" as used in these minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does net include garages, boat sheds, terraces, decks, porches aid like areas. 3. No residence, including steps, stoops, decks and other �i exterior portions of said residence shall be constructed south of the northerly canal easement line as designated on the aforementioned plat. Side and rear setback requirements for the placement of residences and other structures shall be the same as those requirements as set forth by the Town of Long Beach Zoning RECEIVED DCM WILMINGTON, NC NOV 0 6 2017 910 !^7q ofte recordationcument Ordi nace in Townofnof Longthis Beachp from time toh time by 4. The exterior of all structures must be completed within the structure shall have eight (a) months after construction of completion is impossible excewhere duet strikes, comenedh hardship tocthe owner or building resultcinlgreat fires, national emergency or natural calamities. No earth, stone to remain on the or gravel from foundation work shall to allowed lot in an unsightly manner. 5. All landscaping plans, including proposed placement and be to and construction of driveways and walkways, must submitted ing plans f landscpurely apaesthetic Refroundsr approved by DEVELOPER- any g incroval cluding may be based on considerations. 6. it shall be the responsibility of each lot owner to unsightly or unkept prevent the development of any unclean, or any lot which condition beauty of t the neighborhood. decreased then subssubstantially tendto 7. No noxious or offensive activity ehall be carried on upon tending to cause any lot, nor shall anything be done thereon or annoyance to the embarrassment, discomfort, nuisance not be maintained any plants, devise or neighborhood. There shall whose normal activities or existence is in any thing of any sort way noxious, dangerous, unsightly, unpleasant or of a nature in may p Y he diminish or destroy the enjoyment of the other p neighborhood by the owners thereof. g. No commercial signs, including "For Rent", "For Sale- and on any lot by other similar signs shall be erected or maintained but not limited anyone, including, exce t with the written perms sion of contractor or subcontractor, p be required by legal proceedings, it DEVELOPER, or eueept as may being understood that DEVELOPER will not grant permission for said to serious signs unless their erection is necessary prevent except that DEVELOPER may at its hardship to the property owner, discretion allow building contractors to place approved signs on a should lot during the period of construction. If such permission the right to restrict size, color be granted, DEVELOPER reserves and content of such signs. 9. Each lot owner shall provide space for parking two (2) of any dwelling automobiles off the street prior to occupancy with reasonable standards constructed on any lot in accordance established by DEVELOPER. _ 10. No structure of a temporary character this prohibition ter shall piaed C s EL...'. I V E G upon any lot at any time, provided, however,"n� by the cuntractor during the Ij��1i ILMINGTON, NC shall not apply to shelters used g clearly gers1tmaY consructin not any time,ibe used atterhtemparary shelf te main NOV NOV 0 6 2017 thatttheseo as residences or permitted to9r al�in'oH ?A lot after completion of construction. The design and color of structures temporarily placed on a lot by contractors or subcontractors shall be subject to the reasonable aesthetic control of the DEVELOPER. No trailer, tent, barn or other similar outbuilding or structure shall be placed on any lot at any time, either temporarily or permanently. 11. No fuel tanks, storage receptacles or heating or air conditioning units shall be exposed to view. 12. all electrical utility meters to be used by individual lot owners for the metering of electrical services shall be placed in the front portion of the lot, or as required by the utility provider. 13. all easements designated upon the recorded survey plats of 'turtle Creek, except those designated as "private easements" shall include the right of property owners within the subdivision to construct, repair and maintain within ;aid easement areas_ 14. Sewer lines: Said line shall be for the purpose of removing sewerage effluent from individual sewage systems within the development to the drain fields servicing said individual sewer systems. The placement of said sewer lines within the easement areas shall be subject to the approval of the DEVELOPER, its heirs or assigns, and shall not require the approval of individual lot owners within the development. 15. No trees measuring four (4) inches or more in diameter at ground level may be removed without the written approval of DEVELOPER, unless located within ten (10) feet of the approved site for the building. lb. No lot shall be subdlvidrd, or its boundary lines changed, except with the written consent of DEVELOPER. However, DEVELOPER expressly reserves to itself, the right to replat any two (2) or more unsold lots shown on the aforementioned plats of Turtle Creek in order to create a modified building lot or lots, and to take such other steps as are reasonably necessary to make such replatted lot suitable and fit as a building site to include but not limited to, the relocation of easements, walkways and rights of way to conform to the new boundaries of said replatted lots. The restrictions and covenants herein apply to each such lot so created. 17. The DEVELOPER, reserves for itself and its agents the right to enter upon any lot upon which a residence has not been constructed and upon which an approved landscaping plan has not been implemented, for the purpose of mowing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, or removing any Lra9h which in the opinion of DEVELOPER detracts from the `' overall beauty, safety and setting of Turtle Creek. The provisions n E C O V E D of this paragraph shall not be construed mp asan obligation on the t�Clv1 NJILMINGTON NC part of DEVELOPER to ow, clear, cut or rune an lot nor to NOV 0 6 2017 9iG 1576 provide garbage or trash removal services. 18. No boats, trailers nor recreational cent in anommercial vehicles shall be parked on any enclosed garage or shielded from public view. 19. Mailboxes, newspaper delivery receptacles and exterior lighting will be subject to approval by DEVELOPER. 20. No satellite dishes, nor clotheslines, nor similar structures shall be allowed upon any l 21. No animals, livestock or poultry of any Turtled shall be within raised, bred or kept in or on any propertyk. be ke t b pets theirirespective owners on theirthat dogs, cats or othersual respectiveoproperty ld may p y 22. No more than 51500 square feet of Lots 10 through 13, Block 4-A, and Lots 9 through 12, Block 3-A shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar, materials. This covenant is water runoff intended Insurethe stateof Northcontinued pC liance with rules adopted by arolina and the stoefore befits may be enforced by the state of North Carolina. in all other lots in Phase I of Turtle creek, no more than then 5,128 square feet shall be covered by structures and/or p Surfaces, Including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued complrmwater runoff rules adopted by the State Of North ance with o Carolina and therefore benefits may be enforce hd by he State of North Carolina. 23. a. No structures or fill shall be placed in the floodway which would interfere with tho natural watercourse; laced b. Streets and utilities lines and structures may be p is elevat maximum tflood lheights nn or if they ly it tare rotherwiseoffloodprooedd;abflve C. Dwellings and self-contained sewage disposal unitsIt at (if above used) shall bebuisubdivlaionn drainagensystem mshall mbel designed ood d. tto prevent increased flood flows due to newly developed impervious surfaces and other factors. successor 2DezeLOPER reserves unto Itself, etua1, alienable and relea5ableicasement and Sright assigns, a p pmaintain on, over and under the ground to erectcahiesa anconduits, ag x815e electric and telephone poles, wires, use water mains and other suitable equipment fans, Sewer water,and of electricity, telephone equipment, g television or other public conveniences or utilities on, in or over Ificallthose forth meth Specrecden subdivLsionied piatsof tTurtle Cre ility ke,� ts including as set any amendments or additions thereto. bOM WILMINGTON, NC NOV 0 6 2017 `r" qlo- P, :�F k29 25. DEVELOPER expressly r�s ryes tlAe,�}ght to add additional subdivided tracts of land to tNi kQe149*11n1 . Any property added to the development shall be subject to these covenants, conditions and restrictions as set forth herein and as modified or amended. 26. DEVELOPER expressly reserves for itself and the property owners of beach front tracts located within the subdivision, their agents and employees, a right of access across said lots for the purpose of constructing, maintaining and repairing beach front gazebos and other Improvements as allowed by these covenants, conditions and restrictions and regulations as promulgated by the architectural review board. 27. It is the express Intent of DEVELOPER to create an architectural review board for the purpose of promulgating architectural criteria rules and regulations, reviewing, approving or disapproving architectural building plans including, but not limited to, structural plans of residences, walkways, gazebos and other improvements. The architectural review board shall be created by the DEVELOPER within six (6) months from the date of recordation of this document and shall consist of three (3) Individuals. The members of the board shall serve for a period of one (1) year. The Initial board shall be appointed by ,the DEVELOPER. For so long as the DEVELOPER, its successors or assigns, shall own one or more lots within Turtle Creek, said DEVELOPER shall have the right to appoint two (2) members of the architectural review board. One member shall be appointed by the property owners within the subdivision. The specific method of voting and other related matters shall be set forth In the by-laws and regulations of the architectural review board. At such time as the architectural review board Is croated and functional, such rights of the DEVELOPER as set forth herein related to the review and approval of architectural plans and related matters shall be assigned by the DEVELOPER to said board. Provided, however, at such times as a Property Owners' Association is formed as set forth In paragraph i20 below, members of the architectual review board not appointed by the DEVELOPER shall be appointed by the Board of Directors of the Property Owners' Association. 28. DEVELOPER expressly reserves the right to form a Property Owners' Association. Said association shall be known as The Turtle Creek Property Owners Association, Inc. All purchasers of properties located within the Turtle Creek development shall be bound by the By -Laws and rules and regulations of said association, including, but not limited to, property owners assessments. 29. if any provision of these covenants should be void or become unenforceable at law or In equity, the remaining provisions shall nevertheless be and remain in full force and effect. 30. if the owner of any lot shown on the herein referred to plat, or any person having any interest in any of said lots shall violate or attempt to violate any of the covenants herein, any owner of any lot or any interest in said lot shown on said plat nECEAVED DCN1 WILMINGTON, NC NOV 0 6 2017 in law or in shalt have the right ern rsoprosecute peraons porceentity violating or equity again$t the pe attempting to violate said covenants. 31. The covenants are to run with the land and shall be binding upon all parties and all per:;ons claiming under them for a period of ten 110) years from the date these covenants are recorded, after which time said covenants shall be automatically t matically extended for successive periods of (10 ten oyears the then ess owners an instrument signed by a two-thirds (213)majority of the lots hag been duly recorded, agreeing to change said covenants in whole or in part. IN WITNESS WHEREOF, DEVELOPER has caused ths�in`trume 1992 be executed In its name, this 17 day of Two -A Long Beach Partnership, A generalparrtnership by,>I Kenneth E. C2LftonzMan,aging rarcner Three -A Long Beach Partnership, A general p rtnership by <_-c/ 4' : % Kenn th E. Clifton --Managing Partner Four -A Long Beach Partnership, A general partnership� ----- by: yl% G C�fJ Kenneth E. Clifton, Managinq Partner REGEIVED DCM WILMINGTON, NC N 0 V o 6 2017 910 1n79 STATE OF NORTH CAROLINA COUNTY OF 4RtNSHTCK 1, a Notary Public of the County and State aforesaid, certify that KENNETH E. CLIFTON, as managing partner, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and off cial stamp or seal, this 17th day of December, 1992. y" n�sun.sttttry (.C.. � Y-"C'�U�tjtLfC.er'.\': Notary Public My commission expires: '- STATE OF NORIU CAROUNA CO1tNTY• OF 8RVNSWICK The Forcaaing (or annexed) Ceaidicatc(s) of Notat)(tesl 1fuh1w (1,Nmc) Certdtcd to he (-orecL:i. I hi, (n,trumcnt u a, tt(cd tnr Rcgirrraunn tin the 1>ay and 11 nur in the Hook and Page ihuw n on the First Page hereof. r�.. c H11 tt} i .i. Ntstsl. ,n�. Mrpistu nr nerds DECEIVED DCM WILMINGTON, NC Nov 0 6 2017 10/412017 Brunswick County, NC Register of Deeds: map Book W, Page 346, fusrl ftuunswicWbcrod-imagesldmap/OOOw/OOOw0346.TIF t M fit«l[eLR r•f7Yt�+411 {Iyt N]Y F,.Mt1j +l'! rrt,,�tw�[nr+fn*t. s� if�{R^f N Aff uMS. ♦ 1i •i ,�,Y,us. AlrsApt h ,YsNM +wfpiUl w. A.i wA'AI.Y .,�L 14 ntt1 wtyY y,+IK\ w +It ti'�K5 «YR6a lF tY"i tec. I'J l.tD. - t M t1R t,MM ty •A .w,awa. tM.N Yrri R rtL nAt6 rIR 'CrLM „YM aiR+YI M A [. =«eey YCs(xY0 +1Uf dMMw]C M/�. �• w «bYYM H*fA yeN4 tK�NL �ra�W.ln. Ine rti.1 qr s{AKM '1Kxin.4 art[tttMMl ,. wser eawarYos*iw YWii! -""-'�. -... r[ nc ytRa .. ,AnyNrUiRR �'. fttK Ml1t AA,( S r r• v4t. Ali' a yRO fs. ,ua sra Leas ..art x+R.s,e ymw r, i.y.,• w M Ms4MCMW av_• K 1Y t+wtrA= Y S.t.4. gwfs, rR, ys+"tUM. ftL4.lM (MASH iMwtit 1it4 4p(+4Yt+Y yM1, sMufaW t1sTf iV6>R�. r 7.'f1M; ✓Y+, Ma++t a V+ .1a:G,tG : A, 1.4nit e� 'TYNytNr W1 +FM I4+n.«J NtrR' CanC.C+� •'Yay,. 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TURnE CRMK - PF"F I + "o SHIMT 3 OF 3 (LOW RZACH PRO'f7R ES) ROM7PTsl Sa � > 1+ aLa.. s"., sarrtar[ rxr taa fte,s.e LaC tf+rtCR +rytN crAtLM s,,i Yoe an !OS f: f, rn. ,'+tt'!' -�,� �t ?Ncy11N1Mt; the •{Y+ret31 /uONb+, �wiNO► Ny9 tIfLR."A Rt: AN A 1 Aer1 ft 3}4 .`PY;OtlL 19AS J� (iA RSYt aC+tx: ;" i tYW �1[LR auuu hart W- (Qk ltA"1'!►'! Z' � RECEAVED 4 First Instrument 4 Previous Instrument insuumcnt [ I ] Bo&-.W Page:346 Next InstruilAUM VV I LAINA"AA r ON 4 First Page 4 Previous Page Next Page ► N 0 v 0 e2t0lre > om ( View as PDF j Zoouts Zoom in ; 1 t C http:lAxunswick-live.inttek.netliocal-popup•group-view-image.ntk?s=s2T6Amf:4FwYSHehuR2@F13PyibETnerpiCB adEEZ4laFSViceuj8BRh9sH7g... 2l2 Donna Coleman From: Donna Coleman Sent: Tuesday, October 31, 2017 10:19 AM To: Donna Coleman Subject: RE: oops U Eric, Just checking to see if you have received any information on the state stormwater BUA for 202 SE 64th St. Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax From: Donna Coleman Sent: Tuesday, October 24, 2017 3:31 PM To:'Eric Rainwater' <eric@kenkiserhomes.com> Subject: RE: oops Great. Thanks! Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811fax From: Eric Rainwater (mailto:eric kgnkiserhomes.com) Sent: Tuesday, October 24, 2017 1:30 PM To: Donna Coleman <DColeman@ci.oak-island.nc.us> Subject: RE: oops Thank you. That's what we thought. I was trying to send it to an attorney as a guideline so they can draft something similar and record it for the Flieler. Hope to have you something soon 1 v z 0� W o >� o N eo -------- Original message --------' m From: Donna Coleman <DColernan,c ci.oak-island.nc.us> W -� 'o Date: 10/24/17 11:51 (GMT-05:00) z To: Eric Rainwater <eric i kenkiserhomes.com> U Subject: RE: oops d Eric, The Stormwater permit you sent is the original permit when the development was created. Now that the lot has been sub -divided the lots have to be re -submitted to the state for deed recordation purposes for a restricted amount of .BUA per lot. It would look like Blankenships letter that you sent by accident. Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax From: Eric Rainwater[mailto:ericCt?kenkiserhomes.coml Sent: Monday, October 23, 2017 7:55 PM To: Donna Coleman <DColemangci.oak-island.nc.us> Subject: oops 2 v z z O > N Donna Coleman Z to J � � From: Donna Coleman W § • o z Sent: Monday, October 23, 2017 11:40 AM 2 To: 'Wilson, Debra' J Subject: RE: [External] FW: Town of Oak Island- Dev. Services Thank You! Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax -----Original Message ----- From: Wilson, Debra [mailto:debra.wilson@ncdenr.gov] Sent: Monday, October 23, 2017 10:52 AM To: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Cc: Donna Coleman <DColeman@ci.oak-island.nc.us> Subject: RE: [External] FW: Town of Oak Island- Dev. Services As long as the proposed development is consistent with the CAMA and it's rules and regulations, then a permit could be issued, the following condition should be included in the permit: If a court of competent jurisdiction determines that a party other than the permittee has legal title to any part of the area approved for development under this permit, this permit shall be null and void as to the area the court determines is not owned by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or continuing any further development under this permit. Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. U Z Didn't mean to send you that second document regarding Blankenship..that was supposed to go to a different Donna Q Z �� o N W Z O Ha W o Have a great day U z 0., Z o Z r Wilmington, NC 28405 > O— N (910) 796-7266 Fax: (910) 395-3964 debra.wilson@ncdenr.gov Z eD W � o U� WZ 2 U Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Surgan, Brooks R Sent: Monday, October 23, 2017 9:02 AM To: Wilson, Debra <debra.wilson@ncdenr.gov> Subject: FW: (External] FW: Town of Oak Island- Dev. Services Importance: High Please see attached. I need some guidance on how we would move forward with this. Thanks, Brooks R Surgan Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7270 office Brooks.surgan@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 N V Z 0 Z Wo ti 0 N� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.:_ ., Z Ill z 2 U -----Original Message----- From: Donna Coleman [mailto:DColeman@ci.oak-island.nc.us] Sent: Monday, October 23, 2017 8:41 AM To: Surgan, Brooks R <brooks.surgan@ncdenr.gov> Subject: [External] FW: Town of Oak Island- Dev. Services Importance: High CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you verify that the attachment and content are safe. Send all suspicious email as an attachment to report.spam@nc.gov. Brooks, Please review the permit submitted on Friday after receiving it piece by piece. Included is an objection letter from the neighbor's. Steve would like you to seek legal guidance from DCM on denying a CAMA permit that is allegedly in violation of restrictive covenants. Please let me know how to proceed. Thanks! Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax -----Original Message ----- From: Steve Edwards Sent: Sunday, October 22, 2017 11:52 AM To: Donna Coleman <DColeman@ci.oak-island.nc.us>; planner <planner@ci.oak-island.nc.us> Cc: David Kelly <DKelly@ci.oak-island.nc.us> Subject: RE: Town of Oak Island- Dev. Services U Z Donna, If you have not done so already, reach out to Brooks Surgan so he can seek legal guidance from DCM on denying a CAMA permits s o allegedly in violation of restrictive covenants. > eo Ui Thanks, W o Steven Edwards V Development Services Director O Town of Oak Island 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910) 278-1811 -----Original Message ---- From: Donna Coleman Sent: Thursday, October 19, 2017 9:11 AM To: planner; Steve Edwards Subject: FW: Town of Oak Island- Dev, Services FYI a letter from Fife's lawyer pertaining to SE 64th St. CAMA Minor permit. Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax -----Original Message ---- From: scanner@ci.oak-island.nc.us [mailto:scanner@ci.oak-island.nc.us] Sent: Wednesday, October 18, 2017 3:47 PM To: Donna Coleman <DColeman@ci.oak-island.nc.us> Subject: Town of Oak Island- Dev. Services CS 3252ci CDS2917 "'�) Donna Coleman From: Donna Coleman Sent: Tuesday, October 17, 2017 3:51 PM To: 'Eric Rainwater'; 'Ken Kiser' Subject: CAMA Minor Permit Application 01 17-54 -202 SE 64th St Dear Sir: We originally accepted your CAMA Minor application under the impression that it was complete. On subsequent review, I have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1. A copy of the updated state stormwater plan for this lot with the allotted amount of BUA. I need a copy for the file.. In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed while the application has remained in our office. Upon resubmission of a complete application, a local decision will be made in 20 days. Please contact me at (910)201-8047 if you have any questions. Respectfully yours, Donna Coleman, LPO Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811fax U Z c Donna Coleman ? C5 � MW From: Donna Coleman U —J Sent: Tuesday, October 10, 2017 8:45 AM W o z To: 'Eric Rainwater' z Subject: FW: 202 SE 64th St Cama Applicatiuon.pdf U Attachments: 202 SE 64th St Cama Applicatiuon.pdf; AEC Hazard 19.pdf; Agt Auth 2015.doc L) Hi Eric, Hope you had a good flight. In order to accept this CAMA Minor application I need a few items: 1. A signed AEC Hazard Notice by the owner Fred Flieler 2. A signed Authorized Agent form by Mr. Flieler 3. The correct site plan and side view elevation of the house- you sent the site plan for 120 SE 18`h St. 4. A check for $100.00 made out to the Town of Oak Island 5. Correct the application, Type in address under Location of project 6. Check yes under state storm water Management permit Once these items are submitted than I can accept the application for review. Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax From: Eric Rainwater [mailto:eric@kenkiserhomes.com] Sent: Friday, October 06, 2017 11:06 AM To: Donna Coleman <DColeman@ci.oak-island.nc.us> Subject: 202 SE 64th St Cama Applicatiuon.pdf Hi Donna Here is the cama application for 202 SE 64'h St. I will send copies of the certified mailings in a few hours as I am about to board a plane. Thanks for your help as always Eric ATt L. L. I7 TOTAL AOIIALR IN itnTlL OKLS - PwISE i NaILG (CWT. ) l0. µL NNTR MTLN INFVRMtION TM TWTtt QLIX Mwt 2. i16 itT>Kx.LtaAAAA. A . 1II itYLTI[ CRCrIf AR[: aEw IUtHI17M13 M TIT[ wATu, [sclNtR/NG \ sWYLYtK r W. O>! IOtt.T a09 N.a "OT w[I[J1 lO11. FLOTA LO[Ia LINLSASfWT1t LRLL[ FNNS[ t. MO. t}aYF, PrUi[L OOOA. SOFF2Y 'ti' IIATLO NEACH, LOT OIAT[SAOSY� TO rMIR wrI, 13. ALL UC[Ila,[OrIO'Lxcmc IqOTIANIi Wp tY A, [. N.C.TE LNL:FITl LITHO A tIAI I NVCLIN IIOI.IT) v' K KT-t000, \ mrI pit INTO. HS111pb1 RLL OiHMt•IIING OVT. uIUIxOTO NLNArwRN,uis,osT Rtcu(r WN Mlw. ,n1) io-aoY}. ,1__ L. TM TOTAL IANAUI or LOTS IN TWILL =O, - 13. Y^t+,G wraw "6 Ao.Rw /M_r-[ _ O. dLACL -1'1= •}DO • SCALE PIi[SC t ti M. -1 . LIIR>A TT IH T-Tol R-IO-L [OMIT IO. 7fl!'21Js.1<{JwG'.f ip AG iwiun I11 id [L>EMLVJ IS 190. A-.0 V0 AI G4evi oY LuIS dt [AMYr)a car w awl A. ALL POND[ ML —TTI TROT I, PHt:.IS. TYTIMT AT WFI •SYNO�YY UIIF>RI,fY >. Ll To ILtTICS LOCATION[ ML NPI\INSrATL Nip { .Wtnts)W HAM Y I.c ML Tp tL iA,CO wITCR Ix:, '. INLTR-LAT1(NI r[,`\\\viV` 9RYlY t!( UKtR K [[tvlyl a: Mltf OCM. tl/! NlLL Yt NTiNIN ST\t2T 4N Ck Tw( AAiIs r OR [ASTNM... lh YY IAaT)�•Up( Mr OtM I �RMcat> WTI YIRY.> Ml INaY Y 'RTIM )Iwpn ,Y'.T"\>[Ann IN- "" e-_`--._ __.��L• �. < .J iiw\I Twr THE xv i� : » w . •awnAYrt TH - `'1---._ gA�" " -1yc e.I. r.Y :""...•+e . �K rN,. r,R DAk 7S T.P. u•0..t;{� la tAlYj,)100 Fr bR7V£ �•'�,�� Lbl NIILII IRSRTI LS +" ' LEGEND: Spxa G � � _ �1_` r�JF.y♦�. ��, CARO(/ TIRL NYWpNI -3] ( c 2 SEAL 9 ' 1. F, ^M1 - lul[sPw•IH I�. �� pi"i a L-839 O:OI OFF -1 FOu1NG [lA>SIFN:ATId � I J_ !. N. NA' S" I1IC IFS _ '.T •„ ..rtrt a" F FIPL -O - _ _ - _.- > K•21. SO4 IIyN '•l K�', �Mt � .- �T 2AtK• - AA1L[:,04YMn1 cY4lllt ' tF >iiY1i LFtsrlNc FOIR FOL[� { A (,P F ! I IR I. �^l'R X - •h 1 N . I •. - WTUIY llwl rc r iHc cwm wLvvcr � f ' I I .l f ` .~ � ).w'lralL aleNclllpACLRrIn nuT O>Y'T O. 1YMRRY. II[F>- .- N W [ t lt'CwMv[Y'M M[sNIL�Y I IL RIS,tMCD M iM y _ -eawro - I I' i 'b � r�Wln )nr>wcNr. }Iq n Nr HLDCX 3M ~ f4' �� - ` - .•k. NSA'Lr,!-I Wr J""— L TDRTa 9>¢li �[AtRTF N - '• ! t / I Y _ STATE tMTN I:MOUM\ w m i Ni->Mi• IT^J( TtTwal ir` a F. Z u M _ . • .a N WW N W y X A— J�RobPPPt.AMpsMa OW& hr %/' a• y / r'-Dw� �,lr / GFATITACwTE of AFPppowl, To. RSCoIral- %j'; / •� Q j 1 H[IIpY CTRTIrY TINT M AAOIOIs- PLAT sipN NTArOW IT TO %A Lv a7R1 TN[ S:ii;omsI(M A TIONS TT1P tM ttN:N, N,}lrN CNIOL INp, wHD T)Mi NHHHN,MTL D• W D ti j / aT mu (CNw LIM [� - ` - '- - ♦ y ;L ./ /� ` `� OATE ?Ow NNNCLQ Toll Li a HWDRY. •' `8 �/ a / /:./ / �/ `/ /' /F^ , nE S +M OI TM75 RAT CRFJ,TES A 9lialO tiN.H TH[ NIiA OF A [^MTY OTI NaitCIML[ ,♦-..oN'�„� ��1' NNf .w On01NNCt TW.T FLLSp.,,rLi FMGS,J: p, 'lw�A�"� OWNER CERTIPACATI44 w ' ./A TIJO-A LONG BEACH PARTNERSHIP �/` /,•' / )p TSYi� __ THREE^A LONG BEACH PARTNERSHIP � ' /� ��.` ,.;/�� _ • FOUR -A LOHC BEACH PARTNERSHIP •"j •i8 OCr. 2 41 x£N CUFTCN - AGENT ✓/ f - . "�_ of C 919) T)B-sess .! 2 . i .' �/�in.ul°I`FUTIa Iuri,tl�Ir°'�°twit I..I.W+o rH. I NDRTf.AGEQ - S,TtT- 1--A ICAwOt Illy rt.T OF CASs 1- 1 T,NRM <SUHn IT HATIoNAL Mb) Yam' IQMM <A. A. A r. . L1Nt OC VScwTpTlaH HAW o To0 SHEET 3 OF 3 oArE: s-cX-sz Y[µe: RCYIYIM O. O wCLFCp IiY: RON NA'YI \Y: JYO F I ISDIICCRT1 � �bllilt s [-BrLi�lrJ,w�[E -I THIS of �tTatM i:sN tttbiNlM UILOIM XTBAOf LINK. ANO D[OIGTSY ALL aTR[STS, ALLLYS, NAIJO. FNO[S. II„O OTNp SLRY MD (wStMRTS TO M rV\LIL OR MItMT[ t K F{ATHT qNL. i M[ALFy S LL OFW SPACI Maws-., STORN rStNtR \ uwidLtMis TO w TOO TN 01 LONG lLF[N. .....- ATLANT p Ss f -i' o'7i— IL t7CEAt•1 <wcTaiaN1 )uNL TURTLE CREEK — PHASE I \ �ARp( ( LONG BEACH PROPERTIES) ROBERT B. iYaWAWY, SR t� RErt-TriE m LpNp SSRLTVM ,D� 'y B1f)CK x-A. SECTION: LAST LONp acnO1 L•d" 2 SEAL Y LONG BEACH mom CAROLINR SNITMILLE TpNSHIP ~SNICK COUNTY F, a laY w>9 L-839 1Oi S. f. 16N STRO-F NAY 78-1 1992 JO8 NO: 92ZN1 SCALE: L" c LOS[i l%i27 K T61 �¢�-�1 Soo* FIELD Boot: LB-27 ...Vfl Pl-NC �` NO V 0 8 2017 6407 Tortoise Shell Ct., PO Box 133 Oak Island, NC 28465 October 27, 2017 Donna F. Coleman Oak Island CAMA Permit Officer 4601 E. Oak Island Dr. 4 r-t% � Oak Island, NC 28465 1 o j 31 `1'1 Dear Ms. Coleman: This letter is regarding the CAMA Minor Permit application for 202 SE 641 St I strongly object to the proposed project due to the following reasons. 1. The county erred in allowing lot 250AH008 to be divided. The subdivision of the lot is a clear violation of the "MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TURTLE CREEK" as recorded by Brunswick County Register of Deeds in Book 910, pages 1072-1079 on December 17, 1992. 2. The covenants referred to above prohibit construction of any residence "south of the northerly canal easement line as designated on the aforementioned plat" map recorded in the Office of the Register of Deeds, Brunswick County, in Map Cabinet W at page 344, 345, and 346. This line runs along the northern edge of the pond which spans many properties in Turtle Creek. 3. Part of the rationale for the "development line" established by Oak Island and approved by the Division of Coastal Management was to facilitate the siting of new construction in line with neighboring properties. The minutes of the Oak Island Town Council meeting of July 12, 2016 contains this statement by Steve Edwards, Development Services Director: "Mr. Edwards also said DCM wanted them to create a line that was consistent with construction on the beach..." This proposed project would clearly violate that stated goal since there is no existing construction along that line between the houses on the west side of SE 67th St. to the condos on the east side of SE 58t" St. All "first row" houses in that area are set several hundred feet back from the dune line, north of the pond as required in the covenants. 4. The Turtle Creek neighborhood is very fortunate to have what could be termed a "secondary dune" behind the frontal dune, separated by land that RECEIVED MAR 16 2018 I rKA WII MIN( -,TON- NC includes a 20-foot wide easement for access to the properties. This area between the dunes is frequently flooded with ocean water by exceptionally high and/or wind -driven tides. Any damage to the secondary dune that could occur during construction in that area would allow this ocean water to flow into the existing freshwater pond that runs throughout the neighborhood. This pond is home to various species of fish, turtles and alligators and also provides habitat for herons, egrets, ducks, coots, osprey, and kingfishers on a regular basis. The incursion of ocean water into this freshwater pond would damage the ecology of the pond. Please contact me at lynnhmcdl 1@gmail.com or phone 278-7252 if you would like any additional information about these issues. I request that the CAMA permit be denied for this project. Sincerely, 4�1 k4 � A7,3z� Lynn H. McDowell CLOUSER LAVA 3921 Executive Park Blvd Suite C Southport, North Carolina 28461 Phone: (910)-805-3411 Fax: (910)-765-0185 elouserlawnc. eom October 18, 2017 Town of Oak Island c/o Donna Coleman 4601 E. Oak Island Drive Oak Island, NC 28465 RE: Objection to LAMA Permit Dear Ms. Coleman, so 03AI303U Qjr 4k RECD }a l l6-1 DFC. This objection is being made on behalf of Michael A. Fife, who owns the property adjacent to 202 SE 641h Street, Oak Island, NC, 28465. I have attached the Agent Authorization for CAMA Permit Application to this objection letter, to show that I have legal authority to act on behalf of Mr. Fife. On Friday, October 13, 2017, Mr. Fife received, via certified mail, the ADJACENT RIPARIAN PROPERTY OWNERS STATEMENT FOR CAMA MINOR PERMITS. The objections, which are explained below, are based on breaches of The Master Declaration of Covenants, Conditions and Restrictions for Turtle Creek, which were recorded in the Brunswick County Register of Deed on December 17`',1992. Below are the Restrictive Covenants that have been breached: 1. Article 1. No building shall be erected until the proposed building plans, specifications, exterior color finish, plat plan and construction schedule have been submitted to the Developer, and the Developer approves the plans in writing. I had a conversation with the Developer, and he stated that nothing was submitted for approval. 2. Article 3. No part of any residence may be constructed south of the northerly canal easement line. Due to the subdivision of the property (which will be addressed again further below) there is no building that can be constructed on the property, while also remaining north of the northerly canal easement line. 3. Article 5. All landscaping plans, which includes the construction of driveways and walkways, must be submitted to and approved by the Developer. As stated above, no plans have been submitted or approved by the Developer. iECii,:1VED IDCM WILMINGTON, NC N 0 V 0 6 2017 4. Article 16. No lot shall be subdivided, or its boundary lines changed, except with the written. consent of the Developer. In 2017, Frederick Flielier and Donna Findlay, the owners of Lot 8, Parcel number 250AH008, subdivided the lot and created 2 lots, which are now Parcel numbers 250AH008 and 254AH00801. During my conversation with the Developer, he did not authorize either party to subdivide or otherwise change the boundary lines of Lot 8 Currently we are awaiting communication with the Attorney representing Frederick Flielier and Donna Findlay. l also have begun drafting all the necessary documents to file s law suit and ask for a temporary restraining orderltemporary in}unction, based on these breaches of the Restrictive Covenants. Additionally, we are exploring other potential issues with the proposed building, including breaches of the Town of Oak Island Ordinances. We ask that you deny the CAMA Permit application, until such time that these. issues have been resolved. As stated above,. I have been in email correspondence with the attorney representing Mr. Flielier and Ms. Findlay, and am awaiting further communication. We are hoping to avoid any litigation and hoping to work out these issues amicably. I have attached a copy and highlighted the relevant parts of the Restrictive Covenants. Additionally, I have attached a copy of the Developer's survey, which shows the northerly canal easement line. If you have any questions regarding this letter or the attached document, please do not hesitate to contact me and we can discuss further. You can contact me by phone at (910)-805-3411 or by email at zclouser@clouserlawnc.com. Sincerely, CLOUSE t LAW` Zachary T. Clouser RECEIVED MAR 16 208 DCM WILMINGTON, NC Donna Coleman October 26, 2017 TOWN OF OAK ISLAND 4601 E. Oak Island Dr. Oak Island, NC 28465 RE: Objection to CAMA permit for 202 SE 64`h Street Oak Island, NC Dear Ms. Coleman, This letter is in reference to a subdivision that was recently done on the aforementioned property by Donna Findlay and Fred Flieler, who subsequently have applied for a CAMA permit to allow them to build a structure on this property. We strongly object to the development of this property for the following reasons; 1. We purchased our property at 6705 Loggerhead Court in January of 2002, mainly due to its beautiful views, pristine natural setting, and the assurance that no one would ever be able to breach the protected wetland behind our homes for the building of residences. We knew that the Master Declaration of Restrictive Covenants and Conditions listed In section TWO -A for Turtle Creek, which is adjacent to our property, would prevent any future development south of the wetlands (designated as a protected natural estuary). if it had not been for these restrictions, we would not have purchased our property, and made Oak Island our home. 2. If the aforementioned development is granted, it will negatively impact not only our property values, but the natural beauty of Turtle Creek and the enjoyment this brings to many residents and visitors to Oak Island. 3. Turtle Creek is a unique sanctuary for many creatures, including the federally protected sea turtles. According to an article in The State Port Pilot on October 25 2017, the town of Oak Island has received an $8 million dollar grant to rebuild sea turtle nesting habitat. These nests are generally built by the mother turtles in the dunes, and we can't imagine that building so close to these dunes would not affect the nesting of these glorious creatures. 4. In the restrictive convenants, which pertain to the Findlay/Flieler property, on page 2, numbered 3, it states no residence, including steps, stoops, decks and other exterior portions of said residence shall be constructed south of the northerly canal easement line. The proposed development is clearly south of the body of water in section 2A, in violation of this section of the covenants that all owners of property in the 2A development must adhere to. 5. In addition, we are concerned about how CAMA would address the placement of a sewer line to that property, given none exists now, and the environmental impact therein. We are not asking that the Findlay/Flieler family not build their home on their property- we simply ask that they build back on the section of their lot where the rest of the homes on Tortoise Shell Court are located, in compliance with the rules and regulations set forth by the covenants, under which they originally purchased the property. Thank you for your time, and please let us know if we can provide any further information or assistance In preventing the development of this property and it's negative impact on the wetlands, residents and wildlife. Sincerely, VI Sherry lkalowych, MD, M5 4=omekalowych RECEIVED DCM WILMINGTON, NC NOV 0 6 2017 115 SE 67th Street Oak Island, NC October 25, 2017 Zachary Clouser Attorney at Law 3921 Executive Park Blvd., Suite C Southport, NC 28461 zclouser@clouserlawnc.com RE: Objection to LAMA permit for 202 SE 64th Street Oak Island, NC Dear Mr. Clouser: It has come to our attention that Fred Flieler and Donna Findlay have subdivided the above referenced property and have applied for a CAMA permit. In the survey dated 9/21/2017 they are proposing to build a residence south of the wetlands. We object to their proposed home placement for the following reasons. 1. Allowing the proposed building site would cause a drop in value for many of the neighbor's homes including ours. We bought our home with the clear understanding that our views to the Southwest would not change as they were protected. We purchased our home primarily for the spectacular views. The proposed building site would detract from the natural beauty. Turtle Creek has some of the finest and unique views on Oak Island. 2. As a result of a CAMA permitted oceanfront house that filled in part of the wetlands on SE 67 th Street and several building pads (where the wetlands were filled in), we are currently dealing with adverse changes in the Turtle Creek ponds resulting in lower water levels and changes in water quality. 3. It is our understanding that Turtle Creek lots can't be subdivided. We ask that the CAMA permit for 202 SE 64th Street Oak Island, NC be denied. The wildlife and ecosystem are already being negatively impacted. If they build in line with their neighbor's homes, with a comparable front building line, they will sell have a great view and their neighbors will too. Turtle Creek and the wildlife and ecosystem will benefit as well. We appreciate the opportunity to voice our concerns. Please contact us if we can of assistance to you and the Fifes. Sincerely, ��+ Andrew Rosen and Maureen Grasso, PhD RECEIVED DCN1 WILMINGTON, Nr, Nov o 6 2017 0/ / 7 -SC,,z- From: Donna Coleman Sent: Friday, March 16, 2018 4:09 PM To: 'Zachary Clouser' <zclouser@clouserlawnc.com>; 'Nancy Fife' <fifeclan@aol.com>; 'LYNNHMCDII@GMAIL.COM' <LYNNHMCD11@GMAIL.COM> Subject: OI 17-54 CAMA Minor application & permit Mr. Clouser, Please find attached the issued CAMA Minor permit along with the application and DCM's Third party appeal form. Could you please forward a copy to Andrew Rosen & Maureen Grasso, Sherry & Jerome Ikalowych along with Judd & Ellen Moul. I did have the email address for the other neighbors I received letters and have included them in this email. I will also send them a copy by mail. I noticed you had been included in the mailings and thought you might be able to expedite the matter. Sincerely, Donna F. Coleman, CFM CAMA-LPO / Building Inspector Town of Oak Island (910)201-8047 (910)278-1811 fax Cc Lynn McDowell Nancy Fife 6707 Loggerhead Ct Oak Island, NC 28465 October 25, 2017 LPO: Donna Coleman Town of Oak Island 4601 E. Oak Island Drive Oak Island, NC 28465 RE: Objection to CAMA permit for 202 SE 648' St teak tsland, NC' Dear Ms. Coleman, This letter is in reference to the CAMA permit recently filed by Fred Flieler and Donna Findlay for 202 SE 64t1 St., Oak island. We are writing to voice our strong objection to this request. The particular lot on 64th Street that is currently owned by Mr. Flieler and Ms. Findlay is supposed to be designated for a home to be situated behind the wet lands and in line with other surrounding properties. When we purchased our home on Loggerhead Court the site plans did not allow for any buildings to be built in front where Flieler/Findlay are now proposing to build. Building in this particular area completely destroys the beauty of the ocean view for many neighbors, jeopardizes a fragile wetland ecosystem, and frankly, will lower property values for many existing homes. We certainly would not have purchased in the Turtle Creek neighborhood had we known that future buildings would be allowed to be placed on the shoreline. We request that the CAMA permit is not granted and that Flieler/Findlay will build back on the lot where the Fife's home is located. Please let us know if you need any further information from us or if there is anything else we can do,to prevent this building project. cerely, Judd W. M.D. and Ellen J. Moul Cc: Mr. Z. Clouser RECEIVED MAR 16 2018 DCM WILMINGTON, NC October 28, 2017 Donna Coleman Town of Oak island 4601 E. Oak Island Dr. Oak Island, NC 28465 Re: Cama permit for 202 SE 64" st. oak island, NC Dear Ms, Coleman, My family has a home at 6702 Loggerhead Ct. on Oak Island. We built this home in 2001. We choose this lot because of the view of the ocean. It is beautiful. I am 70 and we are retiring to this home in a few months. When we bought the lot we were told that the lots on 64t"St. all went to the ocean but the Cama line would prevent any construction out on the beach. We are asking you not to allow the home Ms. Findlay and Mr. Flieler are proposing to build. This will be a spec home on a very small lot next to the dunes. I don't know how that is possible and completely avoid the wetlands to the rear and the dunes. We are requesting that you not allow this to be permitted. 1 W. Rod Hatcher and Karen Hatcher RECEIVED dCfvl W11 nnlNirTnN. I NOV () 6 '`l �-- FYIbrm A, ap,Ca B,B TJ' TJ' TJ' TJ• ]'J• „ TJ' e,e &e BnB 1er II I H Carport II I Carport I I �I u{ - TJ•� as Ts' @-T� lar T I. xr j— c50. 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All 'I ndit- Ple dabiths. Ple ns1iam, and all MI"ne hone Plirga b floor grotto ust be rpfied by egg ed sm,,tvM iingmear This plan shall ii-impany structural elgnee draisnigii, 3. Truss m urea t supply riged ate p tl ng b II roof hip Iley pgand trues ap- slopes and be ring Pii- and special bad requ re-mas I. C.mraclo p - t iimlrbn 4. Contract b y vp W I E W nd bra,mg f too nd ribf trstet fi tl by trues menulecturer should trusses be used. 5. Contractor W Provide bridging beMeen standard 2. floor,nat. at miil,bires of ell spans aver W-7. 6. Al HVAC Outeide Mkls and mechanical figure, shall be elavMed above base Mod elewflon as requred by 1-I Building Codes d FEMA ReguMiom. 7. Piling depths to be WxroNirg b the NC Slate Building Codesi, OR As Spfta l By Structural EngimeYs Notes 8 Detail, br pit, depths- this site. 8. NOTE'. BUILDER TO VERIFY WITH LOCAL BUILDING CODES PRIOR TO STARTING CONSTRUCTION. IF STRUCTURAL ENGINEER IS REQUIRED. ALL INFORMATION SHOWN ON SAID STRUCTURAL ENGINEERING DRAWINGS SHALL TAKE PRECEDENCE OVER ANYTHING SHOWN ON THESE DRAWINGS. 9. CONTRACTOR TO VERIFY BASE FLOOD ELEVATION AND REQUIRED CLEARANCE TO FINISHED FLOOR ELEVATION OR LOWEST STRUCTURAL MEMBER REQUIRED FOR THE SITE AND MEETING LOCAL FLOOD ELEVATION CODES, ADJUSTMENTS TO THE OVERALL BUILDING HEIGHT. ROOF SLOPE. AND/OR WALL HEIGHTS MAY BE NECESSARY TO MEET FLOOD CODES FOR EACH SPECIFIC SITE. ,z Meal Roolhg Av 9pcaep .'—HDG Fient— an ar In ow srs-D—Iiii—e—Za ' _ EMs.yl4 jM' —Sea Trim Detail OIxbWErpwewW Roster 9ypem TaMM WwOCmnN SYe IF— ,—HEEL Lepe5wln9 As sppeecc — Nulleets�eR R sus Wrap I2 m myrrma sulq r- 4' x 2314• PT Baewn to O.C.. Over 15/ NuMary FM FFxwnTs vrre.�ro ealiwrona' as i1e.m use sou zxa �ksW eaN�a Hrtraanp Jmm caPpw FlaeeIgAawezxla _ B.n. Lvp is 6apYv Fa Over Maiwg u1p—idea tes Ban Drop 2 0 Ban I l4' F Ddp Edpa Guard a Baton sasg On Gmun Few E-ess zx sale Bh-•IHg ®Pgwood Jam 1? Gygwn WM a Cp. 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Neil All Epedor Plywood Or OSB Sheathing Wish M Neils At 3" O.C. Along Edges, And 6" O.C. At Eech Shic. 5. Al Imam, Sheer Wall, Shell He. 1/2' Plywrod Nailed W1 M Nails At T O.C. Along Plywood Edges, And C O.C. At Each Stud. 6. Each Rafter Or Rmf Truss Shell Have (1) Simpmn HlOS Humcane Tle On Es h PIMe, Or, (2) Simpson H3 T , Or As SpecNed By Ergnnr. 7. Provitle A Minimum Of (2) StWa On Side Of Bums AndHeatlens. 8. All IMerler b Exterior Droro 8 W ndow Hndam Naa flwn 8'-O' ,pan To Hew (2) 2x1 D Heedero, Uni- Oth-mai Staled. PB wintlaw Pleaders and dmr opening, aver 8'd wke shell heatlers tlesignetl by e atnxmaal engineer. 9. An Concrete Stag Be 3,000 PSI. Minimum, rasrbo wind fiber mesh, per Code. 10. All Eldamir Nail, T, Be Hot Dipped GI-zadl or Sharien St". 11. WINDOWS MUST COMPLY WITH THE NC STATE BUILDING CODE FOR WIND CODES IN THE AREA OF CONSTRUCTION. 12. 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Nam Door Lin' 2488 4'-i' Iz-1v 4'-0 ill Sd-- S'-r 1'-tr 9088 1'-0' TJ- Gathering +s-1T Room - a'-tr BR 4 28-0 X 15-6 1 15-0 X 124 e_ r-T -r 3 r,N (�)3068 l � �m ,red (2) 3088 tsc pt m i--------------- i i -------------- i s'-v— s•r j Vaulted Ceiling j \ ruff Covered Porch I Great Room Below I r-1v covered Porch me Seem Far c4a I I I I e.e, v« cae. exa Isr =___= I II I =-__-_= Ise• DeCk I II I Deck 10-0x15-8=1K1"x15-8 r-1v Open Deck I I I I r-tv I II I Open Deck I II I I II I Roof I I j I Roof Gable Window, 30310 3MI0 30310 w/ "MAbove 15'J' T-2' J- la, -�-3-11 t'-7-� 15<• ,aa- xf� -Iva• Roof 2nd Floor 1,496 SF 4' 3' 2 1' 0 4 8'