91-12D Sloane

:1� 414 zz
ANDERSON & MCLAMB
ATLORNEYSAT LAW
MASON H. ANDERSON
SHEILA K. MCLAMB
CHRIS WEBSTER
111 PINE STREET
P.O. BOX 345 U
SHALLOTIE. N.C. 28459
TELEPHONE [phone]
[phone]
FAX [phone]
May 23, 1991 EMAY
Mr. David G. Heeter 2 4 1991
State of North Carolina Department
of Environment, Health and Natural Resources
P. O. Box 27687 _
Raleigh, NC 27611
Re: Sloane Realty, Inc.
Dear David:
Enclosed you will find a copy of the cover page of
the Declaration Creating Unit Ownership for the Condominium
which shows that it was recorded on May 14, 1991 at 12:46 p.m.
in Deed Book 842 at Page 374 of the Brunswick Registry.
Because of copying costs, I hope that the recorded
cover sheet will be sufficient proof of recordation of the
Condominium Declaration according to our agreement. I hereby
represent to you and the Department that the copy previously
submitted to you for approval is in fact the same document with
no changes which is recorded.
David, if however, you and/or the Department wish to
have a complete copy of the recorded document, let me know and
I will get that and send it to you.
So far as I know, this closes the matter and I am
marking my file accordingly.
If I can ever be your friend or help you in any way
or any of the other people involved, please let me know and I
will be pleased to do so.
Sincerely,
Maso H. Anderson
Atto ey at Law
MHA/lap
cc: Roger Schecter
eston Pate
Jim Herstine
T. D. Robinson
George A. Sloane, III

I
Est
MAY 16 1991
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mason H. Anderson
Anderson and McLamb
P.O. Box 345
Shallotte, N.C. 28459
John C. Hunter
General Counsel
Office of General Counsel
May 14, 1991 Edwin L. Gavin II John P. Barkley
David G. Heeter, J. Peter Rawce, III
James C Holloway Lcigh L. Stallings
Robert R. Gelblum Billy R. Godwin
Elizabeth ERouse Jay L. Osbome
RE: Sloane Realty, Inc.
Dear Mason:
The Division of Coastal Management and I have reviewed your
clients' Condominium Declaration and Plan and found them to be
consistent with the Settlement Agreement. In addition, Jim
Herstine has indicated the breached dune has been repaired and
stabilized and one of the buildings modified to comply with the
minimum 60 foot setback. Therefore, your client may proceed to
file a Modified CAMA Permit Application with the Town of Ocean
Isle Beach.
Because I did not notify you of the acceptability of the
Declaration until today, I realize it will not be recorded on or
before May 13, 1991, as the parties agreed but will be recorded
in the next day or so.
Yours truly,
David G. Heeter
Deputy General Counsel
DGH/sd
cc: Roger Schecter
Preston Pate
Jim Herstine
T. D. Robinson
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

04, 09. 91 02:41 PM *COOPER
BUILDING P02
:4'F 9 / - /?,:r)
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor April 9, 1991
William W. Cobey, Jr., Se, r. ry Roger N. Schect
NOTICE OF VIOLATIOAND RE UEST Director
r
NS
To CEASE AND DESIST SUCH VIOLATIONS
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mason H. Anderson
Attorney for Rae S. Cox and family
acting through Sloane Realty, Inc.
P.O. Box 345
Shallotte, North Carolina 28459
RE: Violations) of Coastal Area Management Act and CAMA
Minor Development Permit No. 89-0001
Dear Mr. Anderson:
I thank you and your clients for meeting with me and other
representatives of the Department of Environment, Health, and
Natural Resources to discuss this matter. I have concluded that
the information gathered by the Division of Coastal Management
shows that Rae S. Cox and family acting through Sloane Realty,
Inc., have undertaken minor development in violation of the
Coastal Area Management Act and the Conditions of CAMA Minor
Development Permit No. 89-cool.
The investigation by the Division of Coastal Management has
revealed that CAMA Minor Development Permit No. 89-0001 which was
issued by the Local Permit Officer, Town of Ocean Isle Beach,
authorizes the construction of a motel which violates the erosion
setback requirement for large structures established by the
Coastal Resources Commission in Rule 15A NCAC 7H .0306(a)(4).
Permit No. 89-0001 authorizes the construction of five motel
buildings each containing ten units, and these buildings do not
comply with the minimum 120 foot setback for motels with more
than four units in Rule 15A NCAC 7H .0306(a)(4). The Minor
Development Permit was issued in violation of G.S. 113A-120(a)(8)
which provides that a permit shall not be issued if it is
inconsistent with the Rules adopted by the Coastal Resources
Commission.
The Division's investigation has also revealed Violations of
the Conditions attached to Permit No. 89-0001. condition (1) has
been violated because one of the buildings is being constructed
PO 11- 27687, FtAigh, North CArcIma 27611-76V Trlephone 919733-2293

„09.91 02:41 PM *COOPER BUILDING P03
-2-
within 60 feet of the first line of stable, natural vegetation.
condition (6) has been violated because one of the dunes has been
breached, thus weakening its protective value.
I hereby request that Rae
Sloane Realty, Inc., and their
CEASE AND DESIST all further
buildings which violates the
Coastal Area Management Act,
commission, and conditions in
89-0001. This prohibition on
any interior finishing work on
S. Cox and family acting through
agents and employees immediately
construction of the five motel
above -cited provisions in the
Rules of the Coastal Resources
CAMA Minor Development Permit No.
sny further construction includes
the five motel buildings.
In addition, I hereby request that these violations be
restored to the satisfaction of the Division of Coastal
Management within 90 days of receipt of this CEASE AND DESIST
REQUEST pursuant to a restoration plan approved by the Division.
In order to restore the violations, the number of units in each
of the motel buildings must be reduced to four or less, all of
the buildings must be located 60 feet or more landward of the
first line of stable, natural vegetation, and the breached dune
must be repaired and stabilized. An acceptable restoration plan
shall be submitted to the Division of Coastal Management within
ten days of receipt of this CEASE AND DESIST REQUEST.
A civil penalty may be assessed or an injunction or criminal
penalty may be sought against anyone who violates the Coastal
Area Management Act or the conditions of a LAMA Development
Permit. It is the policy of the Coastal Resources Commission to
assess a minimum civil penalty of $50.00 against all minor
development violations. This is done to recoup some of the cost
of investigating violations and/or to compensate .the public for
any damage to its natural resources. Whether a'higher penalty
will be assessed will depend upon several factors, including the
nature and area of the resources which were affected and the
extent of the damage to them. If restoration of ,the violations is
not undertaken or completed satisfactorily, a substantially
higher civil penalty will be assessed and a court injunction will
be sought ordering restoration. A separate penalty may be
assessed for each day of a willful action or failure to act after
notice of violation is given, and receipt of this CEASE AND
DESIST REQUEST constitutes receipt of a notice of violation. The
provisions and rules governing civil penalties, injunctions, and
criminal penalties are found in G.S. 113A-126 and Rule 15A NCAC
7J .0409.
I should be contacted immediately about this matter. A site
inspection will be made to determine whether this CEASE AND
DESIST REQUEST has been complied with.
Sing rely,
Roge Schecter

04. 09. 91 02:41 PM +COOPER 'BUILDING PO4
-3-
cc: Preston Pate
Jim Herstine
David Hester
Robin Smith
T. D. Robinson
A:OIB.DH

Y 1t.4. 1 1.
COOPER BUILDING
p -
April li;, 199
Mr. Roger N. Schadter, Directcr
Division of Coastal Management
225 N, McDowell Street
Raleigh, NC 27502
RR: LAMA Minor Development Permit No
Dear Mr, Schecter!
89-0001
In response to the Cease and Desist Order issued by you
under date of 9 April 91 I hereby, on behalf of the permit
holder, make the following proposals to correct the alleged
violation cited in the order;
1, Permit Holder will cause to be created no more than
four condominiums units in each of the 5 buildings persuant
to and in compliance with the Aorth Carolina Condominium Act.
The condominum declaration will contain language which will
preclude further division of the building into smaller units.
We will accomplish the Creation of the condominium and have
it properly filed in the Brunswick County Registery within 30
days; and
2, We will restore the breach in the dune in front of
the buildings within 10 days consistent with the requirement
of coastal Management; and
3, we will meet on site with a representative of
Coastal Management and determine what corrective action is to
be followed to correct any deficiency regarding the 60
ft,requirement. In this connection we recognize that
acceptance of this proposal will zit constitute; a waiver of
the division's right to assess a civilpenalty should that be
appropriate in the circumstances.
Mr, Schecter, on behalf of the of the permit holder we
will appreciate your consideration of these proposals and
respectfully request that the Cease and Desist Order be

0R;Ir 11'COOPER"BUILDING
,y
suspended until we can corspla with thew propoeals and then
to disaolvo it in due courne.
sincerely,
iict,9t; ii. Ana§Yd Gl9
Attorney for the Permit
4 r), dc,r
Vqi .cl
P 0 3

ANDERSON & MCLAMB
ATTORNEYSATLAW
MASON H. ANDERSON
SHEILA K. McLAMB
CHRIS WEBSTER
111 PINE STREET
P.O. BOX 346
SHALLOTTE. N.C. 28459
May 23, 1991
Mr. David G. Heeter
State of North Carolina Department
of Environment, Health and Natural Resources
P. O. Box 27687
Raleigh, NC 27611
Re: Sloane Realty, Inc.
Dear David:
TELEPHONE [phone]
[phone]
FAX [phone]
Mi>Y 2 n 199i
EH P r
Enclosed you will find a copy of the cover page of
the Declaration Creating Unit Ownership for the Condominium
which shows that it was recorded on May 14, 1991 at 12:46 p.m.
in Deed Book 842 at Page 374 of the Brunswick Registry.
Because of copying costs, I hope that the recorded
cover sheet will be sufficient proof of recordation of the
Condominium Declaration according to our agreement. I hereby
represent to you and the Department that the copy previously
submitted to you for approval is in fact the same document with
no changes which is recorded.
David, if however, you and/or the Department wish to
have a complete copy of the recorded document, let me know and
I will get that and send it to you.
So far as I know, this closes the matter and I am
marking my file accordingly.
If I can ever be your friend or help you in any way
or any of the other people involved, please let me know and I
will be pleased to do so.
Sincerely,
Maso H. Anderson
Atto ey at Law
MHA/lap
cc: Roger Schecter
Preston Pate
Jim Herstine
T. D. Robinson
George A. Sloane, III

842 374
91 MAY I � PM 12: 46
Rua'�'r,l 1. f;U�iSON
REGISTER it DEEDS
DRl1wS4Y!Cx f lll)•ITY. N.C.
DECLARATION CREATING UNIT OWNERSHIP
FOR
OCEAN ISLE MOTEL, A CONDOMINIUM
At Ocean Isle Beach
Prepared by
Mason H. Anderson
Anderson & McLamb
Attorneys at Law
Shallotte, NC 28459
u
Ct<..
ChSH ��•
UUUU��

State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W- Cobey, Jr., Secretary
Mason H. Anderson
Anderson and McLamb
P.O. Box 345
Shallotte, N.C. 28459
John C. Hunter
General Counsel
Office of General Counsel
May 14, 1991 Edwin L. Gavin II John P. Barkley
- David G. Heeter J. Peter Rascoe, III
James C. Holloway. Leigh L Stallings
Robert R. Celblum Billy R. Godwin
Elizabeth E.Rouse Jay L. Osborne
RE: Sloane Realty, Inc.
Dear Mason:
The Division of Coastal Management and I have reviewed your
clients' Condominium Declaration and Plan and found them to be
consistent with the Settlement Agreement. In addition, Jim
Herstine has indicated the breached dune has been repaired and
stabilized and one of the buildings modified to comply with the
minimum 60 foot setback. Therefore, your client may proceed to
file a Modified LAMA Permit Application with the Town of Ocean
Isle Beach.
Because I did not notify you of the acceptability of the
Declaration until today, I realize it will not be recorded on or
before May 13, 1991, as the parties agreed but will be recorded
in the next day or so.
Yours truly, nL
Alv
David G. Heete2:
Deputy General Counsel
DGH/sd
cc: Roger Schecter
Preston Pate
Jim Herstine
T. D. Robinson
P.O. Box 276s7, Raleigh, North Carolina 27611-76U Telephone [phone]

A
L
A
ANDERSON & MCLAMB
ATIORNEYSAT LAW
MASON H. ANDERSON
SHEILA K. McLAMB
CHRIS WEBSTER
FEDERAL EXPRESS
111 PINE STREET
P.O. BOX 345
SHALLOTTE, N.C. 28459
May 2, 1991
De David G. Heeter RECEIVED
Deputy General Counsel RECEIVED
State of North Carolina 19y1
Department of Environment, Health MAY ()
and Natural Resources "JUNSt
512 North Salisbury StreetFdfY
Raleigh, NC 27611 GENERAL
Re: Permit No. 89-0001
Motel Matter at Ocean Isle Beach
Settlement Agreement
/ TELEPHONE [phone]
/ [phone]
FAX [phone]
Dear David:
Enclosed you will find:
1. The executed original Settlement Agreement; and
2. The proposed Condominium Declaration as called
for in paragraph 2 of the Settlement Agreement.
David, you will notice, commencing on page 6 of the
Declaration, the required language restricting subdivision into
more than four Units in any one building and also the
enforcement language of this restriction.
I believe you will find the document to be in
order. If, however, you have any suggestions, I will be glad
to entertain them.
Should I not hear to the contrary, I will proceed to
record the original Declaration together with all of the
Condominium plats and plans on May 13, 1991.

I
r
Mr. David G. Heeter
May 2, 1991
Page 2
David, so far as I know, this will complete all of
the terms of the Settlement Agreement.
Sincerely,
M on H. Anderson
A orney at Law
MHA/lap
Enclosure
P.S. David, I am going to be out of the office this coming -,
week. If there are any questions or comments, please give the
message to Lisa in my office who is familiar with this file so
she can bring it to my attention when I return to the office on
May 13, 1991.

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
CAMA ENFORCEMENT ACTION
91-12D
S E T T L E M E N T A G R E E M E N T
Pursuant to Rules 15A North Carolina Administrative Code 71
.0312, .0409, and .0410, Rae S. Cox and family, acting through
Sloane Realty, Inc. (hereinafter Rae S. Cox), and the Division of
Coastal Management, North Carolina Department of Environment,
Health, and Natural Resources (hereinafter Division), hereby
enter into this Settlment Agreement in order to resolve the
Notice of Violations and Request to Cease and Desist Such
Violations dated April 9, 1991, upon the following terms and
conditions:
1. On or before April 22, 1991, Rae S. Cox shall repair and
stabilize the breached dune on the subject property to the
satisfaction of the Division and shall thereafter maintain such
dune in accordance with Condition (1) of CAMA Minor Development
Permit 89-0001;
2. On or before May 13, 1991, Rae S. Cox shall file with the
Brunswick County Registrar of Deeds a Declaration creating no
more than four condominium units in each of the five buildings
being constructed on Lots 18, 19, 20, and 21, Block 8, Section C,
Map of ocean Isle Beach, plus 43 feet of Oxford Street, Town of
Ocean Isle Beach, Brunswick County, North Carolina. The
Declaration shall expressly provide that no condominium unit or
units shall be subdivided so as to create more than four units in
any one building and that any unit owner or subsequent unit owner
shall have the authority to enforce this restriction. On or
before May 6, 1991, Rae S. Cox shall submit such Declaration to
the Division for its review and approval together with the Plan
for said condominium executed by a licensed architect or a
registered engineer. The Declaration and Plan shall fully comply
with all the requirements of The North Carolina Condominium Act,
Article 2, Chapter 47C of the General Statutes, and the Division
may disapprove said Declaration and Plan if it finds they do not
provide adequate assurance that the number of condominium units
will comply with Rule 15A North Carolina Administrative Code 7H
.0306(a)(4) in which case said Declaration and Plan shall be
modified until approved by the Division.
3. On or before April 22, 1991, representatives of Rae S.
Cox and the Division shall meet upon the subject property to
further investigate whether all the buildings are located 60 or
more feet landward of the first line of stable, natural
vegetation and whether any of the buildings must be modified or
moved to comply with the mininum 60 foot setback. If the Division
determines that one or more of the buildings must be modified or
moved to comply with the minimum 60 foot setback, it shall so
notify Rae S. Cox in writing on or before April 29, 1991. On or
before May 6, 1991, Rae S. Cox shall submit to the Division any
necessary plan for modifying or moving the buildings, and the
Division shall determine whether the buildings as proposed to be
modified or moved will comply with the minimum 60 foot setback.

-2-
4. If the Division approves the repair and stabilization of
the breached dune, the Declaration and Plan for the condominiums,
and any necessary plan for modifying or moving the buildings as
set forth in Sections 1, 2, and 3 above, Rae S. Cox shall submit
a Modified CAMA Minor Permit Application to the Local Permit
Officer for the Town of Ocean Isle Beach on or before May 21,
1991. The Ocean Isle Beach Local Permit Officer shall thereafter
review said Permit Application and determine whether a Modified
CAMA Minor Development Permit should be issued. Any Modified CAMA
Minor Development Permit shall include a Condition limiting the
number of condominium units in each building to four units and
prohibiting the subdividing of any unit or units so as to create
more than four codominium units in any one building.
5. Upon the execution of this Settlement Agreement, the
Division shall in writing suspend its Cease and Desist Request
dated April 9, 1991, and thereafter Rae S. Cox may proceed with
the construction of the five buildings on the property so long as
Rae S. Cox fully and completely complies with all the terms and
conditions set forth in Sections 1 through 4 of this Settlement
Agreement. If the Division determines that Rae S. Cox has failed
to comply with this Settlement Agreement, the Division may
reinstate its Cease and Desist Request upon so notifing Rae S.
Cox in writing. By entering into this Agreement, the Division
does not waive its authority to assess a civil penalty or
penalties or to seek an injunction or criminal penalities for any
violations for which Rae S. Cox is responsible prior to or after
the date of this Settlement Agreement, :and by entering into this
Settlement, Rae S. Cox does not waive any defense to any civil
penalty or penalties which the Division may assess or any
injunction or criminal penalties which the Division may seek for
any violations for which Rae S. Cox is alleged to be responsible
before or after the date of this Settlement Agreement.
6. This Agreement represents the entire agreement between
the parties resolving the matters set forth in the Cease and
Desist Request dated April 9, 1991. Any modification of this
Agreement shall be in writing and signed by both parties.
This the / A day of April, 1991.
FOR RAE S. COX AND FAMILY
ACTING THROUGH SLOANE REALTY, INC
Rae S. Cox
16 Causeway Drive
Ocean Isle Beach, N.C. 28959
6b
Berson
ttorney at Law
P.O. Box 345
Shallote, N.C. 28459
A:RCSA.DH
FOR THE DIVISION OF COASTAL
MANAGEMENT
Roge checter
Dire r, Division of
Coastal Management
P.O. Box 27687
Raleigh, N.C. 27611 Mason H.
/N'RUt� A'?. �C1 /
David G. Heeter
Deputy General Counsel
P.O. Box 27687
Raleigh, N.C. 27611

,,
DECLARATION CREATING UNIT OWNERSHIP
FOR
OCEAN ISLE MOTEL, A CONDOMINIUM
At Ocean Isle Beach
Prepared by
Mason H. Anderson
Anderson & McLamb
Attorneys at Law
Shallotte, NC 28459

INDEX
FOR
DECLARATION CREATING UNIT OWNERSHIP
PURSUANT TO THE PROVISIONS OF NCGS 47C THE UNIT
OWNERSHIP ACT FOR OCEAN ISLE MOTEL, A CONDOMINIUM
Definitions ............... ... 1
Establishment of the Condominium... ... .. ............. 3
Description of Improvements and Unit Designations........... 4
Ownership of Units and Appurtenant Allocated Interest
to Each Unit ................ .. 5
Restriction Against Further Subdividing of Units,
Separate Conveyance of Appurtenant Common Elements
Prohibited ............. ........ ................ 6
Administration of the Condominium Association ............... 7
Assessments: Liability, Lien and Enforcement ................ 9
CommonSurplus..............................................18
Useof Common Elements......................................18
Right of Association to Alter and Improve Common Elements
and Assessments Therefor......... ....................19
Maintenance and Repair by Owners of Units...................20
Easements...................................................21
Partitioning................................................23
Lienson the Common Elements................................24
Insurance...................................................24
Amendments ................................................ .28
TimeShare ......................... ....................28
Statement of Purposes, Use and Rest rictions.................29
Remedies in Event of Default................................30
Use of Units and Common Elements for Sales and Rental
Purposes................................................33
Invalidity..................................................33
Waiver......................................................33
Captions....................................................34
Law Controlling..........................................34
Liberal Construction........................................34

DECLARATION CREATING UNIT OWNERSHIP
PURSUANT TO THE PROVISIONS OF NCGS 47C, THE UNIT
OWNERSHIP ACT FOR OCEAN ISLE MOTEL, A CONDOMINIUM
THIS DECLARATION is made this the 2nd day
of May , 1991, by Sloane Realty of Ocean Isle Beach,
Inc., a corporation organized and doing business under the laws
of the State of North Carolina, with an office and place of
business located in Ocean Isle Beach, Brunswick County, North
Carolina, hereinafter referred to as the "DECLARANT", pursuant
to the provisions of Chapter 47C, North Carolina General
Statutes, entitled "North Carolina Condominium Act".
ARTICLE ONE
DEFINITIONS
Certain terms and provisions as used in this
Declaration with its attached and incorporated exhibits shall
be defined as follows, unless the context clearly requires and
indicates a different meaning:
(1) Allocated Interest: means the undivided
interests in the Common Elements, the Common Expense Liability,
and Votes in the Association allocated to each Unit.
(2) Association: means the Unit Owners Association
which is organized to administer this Condominium.
(3) Common Elements: means all portions of the
Condominium other than the Units and Limited Common Elements.
(4) Common Expenses: means expenditures made by or
financial liabilities of the Association, together with any
allocations to reserves.
(5) Declaration: means this instrument which creates
this Condominium, and any amendments to this instrument.

(6) Limited Common Elements: means a portion of the
Common Elements allocated by this Declaration or by the
operation of law for the exclusive use of one or more but fewer
than all of the Units. The Limited Common Elements as shown on
the plans are the entrance, stairways, foyers, hallways,
landings located in the building, decks and/or porches.
(7) Unit: means a physical portion of the
Condominium designated for separate ownership or occupancy, the
boundaries of which are established by the walls, floors and
ceilings as shown on the plans; therefore, all lath, furring,
wallboard, plasterboard, plaster, paneling, tiles, wallpaper,
paint, finished flooring and any other materials constituting
any part of the finished surfaces thereof are a part of the
Unit; and all other portions of such walls, floors, or ceilings
are a part of the Common Elements.
All spaces, interior partitions, and other fixtures
and improvements within the boundaries of a Unit are a part of
the Unit. In this connection, pipes, ducts, wire, conduits and
other facilities for the furnishing of water, electrical, cable
T.V., telephone, sewage facilities and other services to the
Unit and Common Elements from the point of entry through the
interior surface, material for the walls, ceilings and floors
are a part of the Unit.
Any shutters, awnings, window boxes, doorsteps,
stoops, decks, porches, balconies, patios, and all exterior
doors and windows or other fixtures designed to serve a single
2.

0
Unit but located outside the Unit's boundaries are Limited
Common Elements allocated exclusively to that Unit.
Notwithstanding the foregoing, however, heating and air
conditioning systems which serve only a particular Unit shall
be considered a part of the Unit even though a portion thereof
lies outside of the boundaries of the Unit.
All other technical words which may be used in this
Declaration, unless it is plainly evident from the context of
this Declaration that a different meaning is intended, shall,
as used herein, have the meaning set out in NCGS 47C-1-103.
ARTICLE TWO
ESTABLISHMENT OF THE CONDOMINIUM
Declarant is the owner of a certain tract or parcel of
land located in the Town of Ocean Isle Beach, and in Shallotte
Township, Brunswick County, North Carolina, as more
particularly described on Exhibit A attached hereto and
incorporated herein by reference, and on which property there
has been constructed five (5) buildings containing a total of
twenty (20) Condominium Units and their supporting facilities
and appurtenant improvements. The buildings are of concrete
and frame construction with a vinyl exterior siding as more
particularly shown on the plans and specifications which appear
in Unit Ownership File , Pages - recorded
in the office of the Register of Deeds of Brunswick County
which are fully incorporated herein by reference as a part of
this Declaration of Condominium. The Declarant does hereby
3.

submit the above described property and improvements to
Condominium ownership under the provisions of Chapter 47C of
the General Statutes of North Carolina (North Carolina
Condominium Act) and does hereby'declare the same to be a
Condominium to be known and identified as "OCEAN ISLE MOTEL, A
CONDOMINIUM".
ARTICLE THREE
DESCRIPTION OF IMPROVEMENTS
AND UNIT DESIGNATIONS
A graphic description of the Condominium appears in
the Unit Ownership File described in Article Two. The plans
and specifications for the improvements constituting the
Condominium identifies the Condominium Units, Common Elements,
Limited Common Elements, respective locations, dimensions and
building materials. Each Unit is identified by a code number
consisting of a letter and a digit. The letter will designate
the building and the digit will identify the unit number.
Building "A" will be located on the east side of the
property and building "B" through "E" will be located in
sequence moving from the east side to the west side of the
property. Thus building "A" will be on the left if you are
standing in the street facing the ocean, building "B" will be
on the right of building "A" and likewise, building "C", "D"
and "E" will be in sequence moving from east to west. The
individual Units will be identified as Units 1, 2, 3 and 4 in
each of the buildings. Unit 1 will be located on the first
4.

floor, street side of the building, Unit 2 will be located on
the first floor, ocean side of the building, Unit 3 will be
located on the second floor, street side of the building and
Unit 4 will be located on the second floor, ocean side of the
building. Thus, a correct designation of the Units in building
"A" will be Unit "Al" on the first floor, street side, Unit
"A2" on the first floor, ocean side, Unit "A3" on the second
floor, street side and Unit "A4" on the second floor, ocean
side. Units in the remaining buildings will likewise be
identified with the building letter designation being first and
the unit designation second in the code.
The verified statement of Joseph G. Johnson, a North
Carolina Licensed Architect certifying that such plats and
plans fully and accurately depict the layout, location, ceiling
and floor elevations, Unit numbers and dimensions of the Units
"as built", appears on the plans which are incorporated herein
by reference as identified in Article Two. The Certificate of
Completion prepared by the same Architect is attached hereto as
Exhibit B.
ARTICLE FOUR
OWNERSHIP OF UNITS
AND
APPURTENANT ALLOCATED
INTEREST TO EACH UNIT
Each Unit shall be conveyed and treated as an
individual property capable of independent use and fee simple
5.

ownership, and the Owner of each Unit shall also own, as an
appurtenance to the ownership of each said Unit, an undivided
interest in the Common Elements, votes in the Association and
Common Expense Liabilities. The Allocated Interest appurtenant
to each Unit as of the date of this Declaration is as set out
on Exhibit C attached hereto and.made a part hereof. The
Allocated Interest that is appurtenant to each Unit as shown in
said exhibit, has been determined by a ratio formulated by the
value of "l" as the numerator for each two (2) bedroom Unit and
the value of "1.33" as the numerator for each three (3) bedroom
Unit over the aggregate number of Unit values constituting the
Condominium, as the denominator. Thus since the Condominium
consists of ten (10) two (2) bedroom Units and ten (10) three
(3) bedroom Units, the formula for determining the undivided
allocated interest as appurtenant to each Unit is "l" over
"23.33" (1/23.33) for each two (2) bedroom Unit and "1.33" over
"23.33" (1.33/23.33) for each three (3) bedroom Unit.
ARTICLE FIVE
RESTRICTION AGAINST FURTHER SUBDIVIDING OF
UNITS: SEPARATE CONVEYANCE
OF APPURTENANT COMMON ELEMENTS PROHIBITED
No Unit may be divided or subdivided so as to create
more than four (4) Units in any one building and any Unit Owner
or subsequent Unit Owner shall have the authority to enforce
this restriction. The Units are shown in the Unit Ownership
File for the Condominium referred to in Article 2 and are
incorporated herein by reference. The undivided interest in
9P

Common Elements appurtenant to each Unit shall be deemed
conveyed, devised, encumbered or otherwise included with the
Unit even though such undivided interest is not expressly
mentioned or described in the instrument conveying, devising, -
encumbering or otherwise dealing with such Unit. Any
conveyance, mortgage or other instrument which purports to
grant any right, interest or lien in, to or upon the Unit shall
be null, void and of no effect insofar as the same purports to
affect any interest in a Unit and its appurtenant undivided
interest in Common Elements, unless the same purports to
convey, devise, encumber or otherwise trade or deal with the
entire Unit. Any instrument conveying, devising, encumbering
or otherwise dealing with any Unit, which describes said Unit
by the designation assigned thereto in Article Three without
limitation or exception, shall be deemed and construed to
affect the entire Unit and its appurtenant undivided interest
in the Common Elements. Nothing herein contained shall be
construed as limiting or preventing ownership of any Unit and
its appurtenant undivided interest in the Common Elements by
more than one person or entity as tenants in common, joint
tenants, or as tenants by the entirety.
ARTICLE SIX
ADMINISTRATION OF THE CONDOMINIUM ASSOCIATION
A. A non-profit North Carolina corporation known and
designated as OCEAN ISLE MOTEL PROPERTY OWNERS ASSOCIATION,
INC., (the "Association"), has been organized to provide for
7.

the administration of the property; and said corporation shall
administer the operation and maintenance of the property and
undertake and perform all acts and duties incident thereto in
accordance with the terms of its Articles of Incorporation and
Bylaws. Each Unit Owner shall automatically become a member of
the corporation upon his acquisition of an ownership interest
in any Unit and its appurtenant undivided interest in the
Common Elements; and the membership of such Unit Owner shall
terminate automatically upon such Unit Owner being divested of
ownership interest in the title to such Unit. In the operation
and management of the property, the Board of Directors shall
have the power to enforce the provisions of this Declaration;
to levy and collect assessments in the manner herein provided;
to grant permits, license and easements over the Common
Elements for utility, roads and other purposes reasonably
necessary for the proper maintenance or operation of the
Condominium; and to adopt, promulgate and enforce such rules
and regulations governing the use of the Units and Common
Elements as the Board of Directors may deem to be in the best
interest of the Association.
B. Subject to the provisions of Section C of this
Article Seven, the Declarant shall have the right to appoint or
remove any member or members of the Board of Directors or any
Officer or Officers of the Association until 75% of the Units
have been conveyed to Unit Owners other than the Declarant.
Any member of the Board of Directors or Officer of the
[-

Association designated and selected by the Declarant need not
be a Unit Owner or a resident of the property.
C. Not later than 60 days after conveyance of 25% of
the Units to Unit Owners other than the Declarant, at least one
member and not less than 25% of the members of the Board of
Directors shall be elected by Unit Owners other than the
Declarant. Not later than 60 days after conveyance of 50% of
the Units to Unit Owners other than the Declarant, not less
than 33% of the members of the Board of Directors shall be
elected by Unit Owners other than the Declarant. Upon
termination of the period of the Declarant control of the
Association, the Unit Owners shall elect a three member Board
of Directors, at least two of which must be Unit Owners. The
Board of Directors shall elect the officers of the
Association. Board of Director members and Officers shall take
their office upon election.
ARTICLE SEVEN
ASSESSMENTS:
LIABILITY. LIEN AND ENFORCEMENT
The Association is given the authority to administer
the operation and management of the Condominium, it being
recognized that the delegation of such duties to one entity is
in the best interest of the Owners of all Units. To administer
properly the operation and management of the Condominium, the
Association will incur, for the mutual benefit of all of the
owners of Units, costs and expenses as necessary for such
M

proper operation, management and capital improvement;
therefore, the Association is granted the right to make, levy
and collect assessments against the Unit Owners and their
Units. In furtherance of this grant of authority to the
Association to make, levy, and collect assessments to pay the
costs and expenses of the operation and management of the
capital improvements to the Condominium, the following
provisions shall be operative and binding upon the Owners of
all Units.
A. So long as the Declarant is the owner of all of
the Units constituting the Condominium, it shall pay all of the
expenses for operation, maintenance, upkeep, insurance and
otherwise which may be incurred on the property. Commencing
upon the conveyance of the first Unit to an owner other than
the Declarant and unless specifically provided for otherwise in
this Declaration, Common Expenses must be assessed against all
Units in accordance with the allocations set forth in Article
Four of this Declaration.
B. Subject to the provisions of Section C of this
Article Seven, assessments provided for herein shall be payable
in monthly installments as determined by the Board of Directors
of the Association. Such assessments shall commence for each
Unit on the first day of the month following the conveyance of
the first Unit to an owner other than the Declarant.
C. In addition to the annual assessment authorized
above, the Board of Directors may levy, in any assessment year,
10.

a special assessment applicable to that year only for the
purposes of:
1. Funding any shortage caused by increase in
insurance premiums on the premises and
2. Defraying, in whole or in part, the cost of
any construction, reconstruction, repair or
replacement of the Common Elements, including
fixtures and personal property related thereto.
D. In order to insure that the Association will have
sufficient monies available to meet operational needs during
the initial months of the Condominium's existence, a Working
Capital Fund is hereby established. At the time of closing of
the first sale of each Unit, the purchaser thereof shall pay
into such Fund an amount equal to two-twelths (2/12ths) of the
current annual assessment established by the Association. No
such payments made into the Working Capital Fund shall be
considered advance or current payment of regular assessments.
All monies paid into the Working Capital Fund shall be held and
administered by the Association in accordance with the terms of
this Declaration and the Bylaws.
E. Subject to the provisions of Sections A and B of
this Article, the Board of Directors of the Association shall
establish an Annual Budget in advance for each fiscal year.
Such budget shall project all expenses for the forthcoming year
which may be required for the proper operation, management and
maintenance of the Condominium, including a reasonable
11.

allowance for contingencies and reserves, and the budget shall
take into account anticipated income which is to be applied in
reduction of the amounts required to be collected as an
assessment each year. The Board of Directors shall keep
separate, in accordance with paragraph "F" hereof, items
relating to operation and maintenance from items relating to
capital improvements. Upon adoption of the Annual Budget by
the Board of Directors of the Association, copies shall be
delivered to each owner of a Unit and the assessment for the
year shall be established based upon the Budget, although the
failure to deliver a copy of the Budget to each owner shall not
affect the liability of any owner for the assessment.
F. All monies collected by the Association shall be
treated as separate property of the Association, and such
monies may be applied by the Association to the payment of any
expense of operation and management of the Condominium, or to
the proper undertaking of all acts and duties imposed upon it
by virtue of this Declaration of Condominiums, the Articles of
Incorporation or the Bylaws of the Association. As monies for
any assessment are paid unto the Association by any owner of a
Unit, the same may be commingled with monies paid to the
Association by the other owners of Units. Although all funds
and common surplus, including other assets of the Association,
and any increments thereto or profits derived therefrom or from
the leasing or use of Common Elements, shall be held for the
benefit of the members of the Association, no member of the
12.

Association shall have the right to assign, hypothecate, pledge
or in any manner transfer his ownership interest therein,
except as an appurtenance to his Unit. When the Owner of a
Unit ceases to be a member of the Association by reason of his
divestment of ownership of such Unit, by whatever means, the
Association shall not be required to account to such owner for
any share of the funds or assets of the Association, or which
may have been paid to the Association by such owner, as all
monies which any owner has paid to the Association shall be and
constitute an asset of the Association which may be used in the
operation and management of the Condominium.
G. The payment of any assessment or installment
thereof shall be in default if such assessment or installment
is not paid to the Association within thirty (30) days of the
due date for such payment. when in default, the delinquent
assessment or delinquent installment thereof due the
Association shall bear interest at the highest rate allowed by
law until such delinquent assessment or installment thereof,
and all interest due thereon, has been paid in full to the
Association. All monies owing to the Association shall be due
and payable at the main office of the Association in the State
of North Carolina.
H. The owner or owners of each Unit shall be
personally liable, jointly and severally, to the Association
for the payment of all assessments, regular or special, which
may be levied by the Association against such Units while such
13.

party or parties are owner or owners of a Unit. In the event
that any Unit Owner is in default in payment of any assessment
or installment thereof owed to the Association, such Unit Owner
or Owner shall be personally liable, jointly and severally, for
interest on such delinquent assessment or installment thereof
as above provided, and for all costs of collecting such
assessment or installment thereof and interest thereon,
including reasonable attorneys fees, whether suit be brought or
not.
I. No owner of a Unit may exempt himself from
liability for any assessment levied against him or his Unit by
waiver of the use of enjoyment of any of the Common Elements,
or by abandonment of the Unit or in any other way.
J. Recognizing that proper operation and management
of the Condominium requires the continuing payment of costs and
expenses therefor, and that such proper operation and
management results in benefit to all of the owners of Units,
and that the payment of such Common Expenses represented by the
assessments levied and collected by the Association is
necessary in order to preserve and protect the investment of
each Unit Owner, upon an assessment remaining unpaid for thirty
(30) days, the Association is hereby granted a lien effective
on the Unit when filed of record in the office of the Brunswick
County Clerk of Superior Court in the manner provided in
Article 8, Chapter 44 of the.North Carolina General Statutes,
upon each Unit and its appurtenant undivided interest in Common
14.

Elements, which lien shall secure and does secure the monies
due for all assessments then or thereafter levied against the
owner of each such Unit, which lien shall also secure interest,
if any, which may be due on the amount of any delinquent
assessments owing to the Association, and which lien shall also
secure all costs and expenses, including reasonable attorney
fees, which may be incurred by the Association in enforcing
this lien upon said Unit and its appurtenant undivided interest
in Common Elements. The lien granted to the Association may be
foreclosed in the same manner as a mortgage on real estate with
the power of sale under Article 2A, Chapter 45 of the North
Carolina General Statutes. The lien granted to the Association
shall further secure any advances for taxes, and payments on
account of superior mortgages, liens or encumbrances which may
be required to be advanced by the Association in order to
preserve and protect its lien, and the Association shall
further be entitled to interest at the highest rate allowed by
law on any such advances made for such purpose. All persons,
firms or corporations who shall acquire, by whatever means, any
interest in the ownership of any Unit, or who may be given or
acquire a mortgage, lien or other encumbrances thereon, are
hereby placed on notice of the lien rights granted to the
Association, and shall acquire such interest in any Unit
expressly subject to such lien rights.
K. The lien herein granted to the Association shall
be enforceable from and after the time of recording a Claim of
15.

Lien in the Public Records of Brunswick County, North Carolina,
which claim shall state the description of the Unit encumbered
thereby, the name of the record owner, the amount due and the
date when due. The Claim of Lien shall be recordable any time
after default (thirty (30) days past due), but shall be
extinguished unless proceedings to enforce the lien are
instituted within three years after the docketing thereof in
the office of the Clerk of Superior Court of Brunswick County.
Such claims of lien shall include assessments which are due and
payable when the Claim of Lien is recorded, plus interest,
fees, charges, late charges, fines, 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 same shall be
satisfied of record.
The lien provided for herein is prior to all other
liens and encumbrances on a Unit except (i) liens and
encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Unit) recorded before the
docketing of the lien in the Office of the Clerk of Superior
Court and (ii) liens for real estate taxes and other
governmental assessments or charges against the Unit. Any
person, firm or corporation acquiring title to any Unit and its
appurtenant undivided interest in the Common Elements by virtue
of any foreclosure of a first deed of trust or judicial sale
16.

relating to a first deed of trust, shall be liabla and
obligated only for assessments as shall accrue and become due
and payable for said Unit and its appurtenant undivided
interest in Common Elements subsequent to the date of
acquisition of such title, and it shall not be liable for the
payment of any assessments which were in default and delinquent
at the time it acquired such title. In the event of the
acquisition of title to a Unit 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 Units as a part of
the Common Expense, 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.
In the event a Unit is leased, sold or mortgaged at
the time when payment of any assessment is past due (whether or
not a claim of lien has been recorded by the Association), then
the rent, proceeds of sale or mortgage shall be applied by the
lessee or purchaser first to payment of any then delinquent
assessment or installments thereof due to the Association
before the payment of any rent, proceeds of sale or mortgage to
the owner who is responsible for payment.of such delinquent
assessment.
In any voluntary conveyance of a Unit, the purchaser
thereof shall be jointly and severally liable with seller for
17.

all unpaid assessments against the seller made prior to the
time of such voluntary conveyance, without prejudice to the
rights of the purchaser to recover from seller the amounts paid
by purchaser therefor.
Institution of a suit at law to attempt to affect
collection of the payment of any delinquent assessment shall
not be deemed to be an election by the Association which shall
prevent it from thereafter seeking, by foreclosure action,
enforcement of the collection of any sums remaining owing to
it, nor shall proceeding by foreclosure to attempt such
collection be deemed to be an election precluding the
institution of a suit at law to collect any sum then remaining
owing to Association.
ARTICLE EIGHT
COMMON SURPLUS
Any surplus funds of the Association remaining after
payment of or provision for Common Expenses and any prepayment
of reserves shall be paid to the Unit Owner in proportion to
their Common Expense Liabilities or credited to them to reduce
their future Common Expense Assessment.
ARTICLE NINE
USE OF COMMON ELEMENTS
Each Unit Owner, his lessees, invitees, or guests
shall have the right to use the Common Elements in accordance
with the purposes for,which they are intended and for all
purposes incident to the use and occupancy of his Unit, and

such right shall be appurtenant to and run with his Unit;
provided, however, that no person shall use the Common Elements
or any part thereof in such a manner as to interfere with or
restrict or impede the use thereof by others entitled to the
use thereof or in any manner contrary to or not in accordance
with this Declaration, the Bylaws, and such rules and
regulations as may be established from time to time by the
Board of Directors.
ARTICLE TEN
RIGHT OF ASSOCIATION TO ALTER AND
IMPROVE COMMON ELEMENTS AND ASSESSMENTS THEREFOR
The Association shall have the right to make or cause
to be made such alterations or improvements to the Common
Elements (including the right to grant and establish upon, over
and across the Common Elements such easements as are necessary
or desirable for providing service or utilities to the Units
and the Common Elements) which do not materially prejudice the
rights of the owner of any Unit in the use and enjoyment of his
Unit, provided the making of such alterations and improvements
are approved by the Board of Directors of the Association, and
the cost of such alterations or improvements shall be Common
Expenses to be assessed and collected from all of the owners of
Units. However, where any alterations and improvements are
exclusively or substantially for the benefit of the owner or
owners of certain Unit or Units requesting the same (excluding
the sewer system which shall always be a Common Expense to be
19.

assessed and collected from all of the Unit Owners), then the
cost of making, maintaining, repairing and insuring such
alterations or improvements shall be assessed against and
collected solely from the owner or owners of the Unit or Units
exclusively or substantially benefited, the assessment to be
levied in such proportion as may be determined by the Board of
Directors of the Association.
ARTICLE ELEVEN
MAINTENANCE AND REPAIR BY OWNERS OF
UNITS
Every owner shall perform promptly all maintenance and
repair work within his Unit which, if omitted would affect the
Condominium, either in its entirety or in a part belonging to
other owners, every owner being expressly responsible for the
damages and liability which his failure to do so may engender.
The owner of each Unit shall be liable and responsible for the
maintenance, repair and replacement, as the case may be, of all
of the Unit's air conditioning and heating equipment, including
compressors, ducts, wiring, pipes and so forth. He shall also
be responsible for the upkeep for any utility fixtures and/or
their connections required to provide water, light, power,
telephone, sewage and sanitary service to his Unit from the
point of entry into his Unit. Such owner shall further be
responsible and liable for the maintenance, repair and
replacement of the exterior surfaces of any and all walls,
ceilings and floors within his Unit including painting,
20.

decorating and furnishings, and all other accessories which
such owner may desire to place or maintain in his Unit.
Whenever the maintenance, repair and replacement of any item
for which the owner of a Unit is obligated to maintain, replace
or repair at his own expense is occasioned by any loss or
damage which may be covered by any insurance maintained in
force by the Association, the proceeds of the insurance
received by the Association shall be used for the purpose of
making such maintenance, repair or replacement except that the
owner of such Unit shall be, in such instance, required to pay
such portion of the costs of such maintenance, repair and
replacement as shall, by reason of the applicability of any
deductibility provision of such insurance, exceed the amount of
the insurance proceeds applicable to such maintenance, repair
or replacement. The owner of a Unit who has exclisive use of
any Limited Common Element shall maintain such at his own
expense. All glass, doors, window frames, panes and screens
are a part of the respective Units and shall be maintained by
the respective Unit Owners.
ARTICLE TWELVE
EASEMENTS
A. Each Unit Owner shall have a perpetual
nonexclusive easement in common with all other Unit Owners to
use all pipes, wires, ducts, cables, conduits, public utility
lines and other Common Elements located in any of the other
Units and serving his Unit. Each Unit shall be subject to a
21.

perpetual non-exclusive easement in favor of all other Unit
Owners to use the pipes, ducts, cables, wires, conduits, public
utility lines and other Common Elements serving such other
Units and located in such Unit. The Board of Directors shall
have the right of access to each Unit to remove violations
therefrom and to maintain, repair or replace the Common
Elements contained therein.
B. To the extent that any Unit or Common Element
encroaches on any other Unit or Common Element, a valid
easement for the encroachment is hereby granted pursuant to
N.C.G.S. 47C-2-114.
C. The Board of Directors may hereafter grant
easements for utility purposes for the benefit of the property
including the right to install, lay, maintain, repair and
replace water lines, pipes, ducts, sewer lines, gas mains,
telephone wires and equipment and electrical conduits, and
wires over, under, along and on any portion of the Common
Elements; and each Unit Owner hereby grants to the Board of
Directors an irrevocable power of attorney to execute,
acknowledge and record for and in the name of each Unit Owner
such instruments as may be necessary to effectuate the
foregoing and said Unit Owner hereby binds himself, his
grantee(s), heirs, devisees, executors, administrators,
successors, and assigns.
D. In case of emergency originating in or threatening
any Unit or the Common Elements, regardless of whether the Unit
22.

0
Owners are present at the time of such emergency, the Board of
Directors, or any other person authorized by it, shall have the
right to enter any Unit for the purpose of remedying or abating
the cause of such emergency and making any other necessary
repairs not performed by the Unit Owners, and such right of
entry shall be immediate.
E. The Declarant reserves for itself, its successors
and assigns the right to grant easements for utility purposes
for the benefit of the property including the right to install,
lay, maintain, repair and replace water lines, pipes, ducts,
sewer lines, gas mains, telephone wires and equipment and
electrical conduits, and wires over, under, along and on any
portion of the Common Elements, as necessary for the
development of its adjoining property.
ARTICLE THIRTEEN
PARTITIONING
Recognizing that the proper use of a Unit by an owner
or owners is dependent upon the use and enjoyment of the Common
Elements with the owners of all other Units, and that it is in
the interest of all owners that the ownership of the Common
Elements be retained in common by the owners, it is hereby
declared that the Allocated Interest in the Common Elements
appurtenant to each Unit shall remain undivided and no Unit
Owner shall bring or have any right to bring any action for
partitioning or division.
23.

ARTICLE FOURTEEN
LIENS ON THE COMMON ELEMENTS
A judgment for money against the Association is not a
lien on the Common Elements, but if docketed at the Brunswick
County Clerk of Courts Office, shall be a lien in favor of the
judgment lienholder against all of the Units in the Condominium
at the time the judgment was entered. No other property of a
Unit Owner is subject to the claim of creditors of the
Association. Notwithstanding this statement however, if the
Association grants a security interest in the Common Elements
to a creditor of the Association, the holder of the security
interest must exercise its right against Common Elements before
its judgment lien on any Unit may be enforced. If a lien
(other than a deed of trust) becomes effective against two or
more Units, the Unit Owners of any effected Unit may pay the
lienholder the amount of the lien attributable to his Unit and
obtain a release of the lien on his Unit.
ARTICLE FIFTEEN
INSURANCE
A. Commencing not later than the time of the first
conveyance of a Unit to a person other than the Declarant, the
Association shall maintain, to the extent available:
1. Property insurance on the Common Elements and
Units insuring against all risks of direct
physical loss commonly insured against including
fire and extended coverage perils. The total
24.

amount of insurance after application of any deductibles shall
be not less than one hundred percent (100%) of the replacement
cost of the insured property at the time the insurance is
purchased and at each renewal date, exclusive of land,
excavations, foundations and other items normally excluded from
property policies; and
2. Liability insurance in reasonable amounts,
covering all occurrences commonly insured against
death, bodily injury and property damage arising
out of or in connection with the use, ownership,
or maintenance of the Common Elements.
B. The insurance maintained under subsection (A)(1)
need not include improvements and betterments installed by Unit
Owners.
C. If the insurance described in subsection (A) is
not reasonably available, the Association promptly shall cause
notice of that fact to be hand -delivered or sent prepaid by
United States mail to all Unit Owners. The Declaration may
require the Association to carry any other insurance, and the
Association in any event may carry any other insurance it deems
appropriate to protect the association or the Unit Owners.
D. Insurance policies carried pursuant to subsection
(A) must provide that:
1. Each Unit Owner is an insured person under the
policy with respect to liability arising out of
his interest in the Common Elements or membership
25.

f
in the Association;
2.
The insurer waives its right to
subrogation under
the policy against any Unit Owner
or members of
his household;
3.
No act or omission by any Unit
Owner, unless
acting within the scope of his
authority on
behalf of the Association, will
preclude recovery
under the policy; and
4.
If, at any time of a loss under
the policy, there
is other insurance in the name
of a Unit Owner
covering the same risk covered
by the policy, the
Association's policy provides primary
insurance.
E.
Any loss covered by the property
policy under
subsections (A)(1) and (B) shall be adjusted with the
Association, but the insurance proceeds for that loss shall be
payable to any insurance trustee designated for that purpose,
or otherwise to the Association, and not to any mortgagee or
beneficiary under a deed of trust. The insurance trustee or
the Association shall hold any insurance proceeds in trust for
Unit Owners and lienholders as their interests may appear.
Subject to the provisions of subsection (H), the proceeds shall
be disbursed first for the repair or restoration of the damaged
property, and Unit Owners and lienholders are not entitled to
receive payment of any portion of the proceeds unless there is
a surplus of proceeds after the property has been completely
repaired or restored, or the Condominium is terminated.
26.

l
F. An insurance policy issued to the Association does
not prevent a Unit Owner from obtaining insurance for his own
benefit.
G. An insurer that has issued an insurance policy
under this section shall issue certificates or memoranda of
insurance to the Association and upon written request, to any
Unit Owner, mortgagee, or beneficiary under a deed of trust.
The insurer issuing the policy may not cancel or refuse to
renew it until 30 days after notice of the proposed
cancellation or nonrenewal has been mailed to the Association,
each Unit Owner and each mortgagee or beneficiary under a deed
of trust to whom certificates or memoranda of insurance have
been issued at their respective last known addresses.
H. Any portion of the Condominium for which insurance
is required under this section which is damaged or destroyed
shall be repaired or replaced promptly by the Association
unless (1) the Condominium is terminated, (2) repair or
replacement would be illegal under any State or local health or
safety statute or ordinance, or (3) the Unit Owners decide not
to rebuild by an eighty percent (80%) vote, including one
hundred percent (100%) approval of owners of Units not to be
rebuilt or owners assigned to Limited Common Elements not to be
rebuilt. The cost of repair or replacement in excess of
insurance proceeds and reserves is a Common Expense. If the
entire Condominium is not repaired or replaced, (1) the
insurance proceeds attributable to the damaged Common Elements
27.

0
shall be used to restore the damaged area to a condition
compatible with the remainder of the Condominium, (2) the
insurance proceeds attributable to Units and Limited Common
Elements which are not rebuilt shall be distributed to the
owners of those Units and the owners of the Units to which
those Limited Common Elements were allocated or to lienholders,
as their interest may appear, and (3) the remainder of the
proceeds shall be distributed to all the Unit Owners or
lienholders, as their interest may appear, in proportion to
their Common Element interest. If the Unit Owners vote not to
rebuild any Unit, that Unit's Allocated Interests are
automatically reallocated upon the vote as if the Unit had been
condemned under N.C.G.S. 47C-1-107(a), and the Association
promptly shall prepare, execute, and record an amendment to the
Declaration reflecting the reallocations. Notwithstanding the
provisions of this subsection, N.C.G.S. 47C-2-118 governs the
distribution of insurance proceeds if the Condominium is
terminated.
ARTICLE SIXTEEN
Except for an amendment permitted by N.C.G.S.
47C-2-117, this Declaration may only be amended by the
affirmative vote of or written agreement signed by, the Unit
Owners of 67% of the votes in the Association.
ARTICLE SEVENTEEN
TIME SHARE
No Unit may be owned or occupied in a time share form
tM

of ownership.
ARTICLE EIGHTEEN
STATEMENT OF PURPOSES, USE AND RESTRICTIONS
The Units and Common Elements shall be occupied and
used as follows:
A. This is a residential Condominium and the Units
therefore shall be used only for residential purposes,
including temporary rental thereof.
B. There shall be no obstruction of the Common
Elements. Nothing may be stored in the Common Elements without
the prior written consent of the Board of Directors.
C. Nothing shall be done or kept in any Unit or in
the Common Elements which will increase the rate of insurance
on the Common Elements or any other Unit without the prior
written consent of the Board of Directors. No Unit Owner shall
permit anything to be done or kept in his Unit or in the Common
Elements which would result in the cancellation of insurance on
any Unit or any part of the Common Elements, or which would be
in violation of any law. No waste of the Common Elements shall
be permitted or committed.
D. No sign of any kind except in connection with the
Declarant's sales model shall be displayed to the public view
from any Unit or from the Common Elements without the prior
written consent of the Board of Directors.
E. No animals, livestock or poultry of any kind
(except household pets) shall be raised, bred or kept in any
29.

Unit or in the Common Elements except in accordance with the
promulgated rules of the Board of Directors.
F. No noxious, offensive, unlawful, immoral, or
improper activity shall be carried on in any unit, or in the
Common Elements; nor shall anything be done therein which will
be an annoyance or nuisance to other owners.
G. Nothing shall be altered or constructed in or
removed from the Common Elements except with the prior written
consent of the Board of Directors.
H. The Board of Directors of the Association is
authorized to adopt rules for the use of the Common Elements,
said rules to be furnished in writing to the Unit Owners.
I. Any lease or temporary rental of any unit shall be
in all respects subject to the Condominium documents and any
rules and regulations promulgated by the Board of Directors.
J. Except with the written consent of the Board of
Directors, no natural barriers in the form of trees, bushes or
shrubs; and no man-made structures shall be permitted on or
about the Common Elements, except such natural barriers and
man-made structures existing on the date of this Declaration.
ARTICLE NINETEEN
REMEDIES IN EVENT OF DEFAULT
The Owner or Owners of each Condominium Unit shall be
governed by and shall comply with the provisions of this
Declaration of Condominium, the Articles of Incorporation and
Bylaws of the Association, as any of the same are now
30.

constituted or as they may be amended from time to time. A
default under the provision of any one of these documents by
the Owner of any Condominium Unit shall entitle the Association
or the Owner of other Condominium Units to the following relief:
A. An action to recover sums due for damages,
injunctive relief,,foreclosure of liens, or any combination
thereof, which action may be brought by the Association or, if
appropriate, by an aggrieved Unit Owner.
B. Each Unit Owner shall be liable for the expense of
any maintenance, repair or replacement rendered necessary by
his act, neglect or carelessness, or by that of any member of
his family, or his or their guests, employees, agents or
lessees, but only to the extent that such expense is not met by
the proceeds of insurance carried by the Association. Such
liability shall include any increase in fire insurance rates
occasioned by use, misuse, occupancy or abandonment of a
Condominium Unit or its appurtenances. Nothing herein
contained, however, shall be construed so as to modify any
waiver by insurance companies of rights of subrogation.
C. In any proceeding arising because of an alleged
default by a Unit Owner, the Association, or any Unit Owner
adversely affected, if successful, shall be entitled to recover
the costs of the proceeding and such reasonable attorney's fees
as may be determined by the Court..
D. The failure of the Association or any Unit Owner
to enforce any right, provision, covenant or condition which
31.

may be granted by this Declaration of Condominium or the other
above mentioned documents shall not constitute a waiver of the
right of the Association or of the Unit Owner to enforce such
right, provision, covenant or condition in the future.
E. All rights, remedies and privileges granted to the
Association or the Owner or Owners of a Condominium Unit,
pursuant to any terms, provisions, covenants or conditions of
the Declaration of Condominium or the other above mentioned
documents, shall be deemed to be cumulative, and the exercise
of any one or more shall not be deemed to constitute an
election of remedies, nor shall it preclude the party thus
exercising the same from exercising such other and additional
rights, remedies or privileges as may be available to such
party at law or in equity.
F. The failure of Declarant to enforce any right,
privilege, covenant or condition which may be granted to it by
this Declaration of Condominium or other above mentioned
document shall not constitute a waiver of the right of
Declarant to thereafter enforce such right, provisions,
covenant or condition in the future.
G. The failure of an Institutional Lender or
Institutional Lenders to enforce any right, provision,
privilege, covenant or condition which may be granted to it or
them by this Declaration of Condominium or other above
mentioned documents, shall not constitute a waiver of the right
of said party or parties to thereafter enforce such right,
32.

privilege, covenant or condition in the future.
ARTICLE TWENTY
USE OF UNITS AND COMMON ELEMENTS
FOR SALES AND RENTAL PURPOSES
The Declarant reserves the right to maintain a sales
and rental office and model sales Units during the period of
time that it is actively renting or selling Units in the
Condominium. The Declarant further reserves the right to make
use of the Common Elements for the purpose of carrying out its
sales and rental program. The Declarant may use any Unit it
chooses for this purpose and may make whatever use of the
Common Elements it chooses for these purposes.
ARTICLE TWENTY-ONE
INVALIDITY
The invalidity of any provision of this Declaration
shall not be deemed to impair or affect in any manner the
validity and enforceability of the remainder of this
Declaration; and in such event, all the other provisions of
this Declaration shall continue in full force and effect as if
such invalid provision had never been included herein.
ARTICLE TWENTY-TWO
WAIVER
No provisions contained in the Declaration shall be
deemed to have been abrogated or waived by reason of any
failure to enforce the same, irrespective of the number of
violations or breaches which may occur.
33.

ARTICLE TWENTY-THREE
CAPTIONS
The captions herein are inserted only as a matter of
convenience and for reference and in no way define, limit or
describe the scope of this Declaration or the intent of any
provision hereof.
ARTICLE TWENTY-FOUR
LAW CONTROLLING
This Declaration and the Bylaws shall be construed and
controlled by and under the laws of the State of North Carolina.
ARTICLE TWENTY-FIVE
LIBERAL CONSTRUCTION
The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan
of Condominium ownership as provided in the North Carolina
Condominium Act. Throughout this Declaration, wherever
appropriate, the singular shall include the plural and the
masculine gender, the feminine or neuter, as the context
permits or requires.
SLOANE REALTY OF OCEAN ISLE
BEACH, INC.
CORPORATE T
SEAL BY;
President
Secretarv/Treasu
34.

0
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, Notary Public, do hereby certify
that 8Pniric P-'Slmnr/I/ personally came before me this day
and acknowledged that he/M& is the Secretary/Treasurer of
Sloane Realty of Ocean Isle Beach, Inc., 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 Hltr as its Secretary/Treasurer.
WITNESS my hand and official seal this day
of '1 21 , 1991.
My Commission Expires:
a13iL7z
0 1 K t1:) •-Y)lf (SEAL)
Notary Publi•
35.

® Tompkins land
Surveying
O
� y
A
ti
FIRST STREET
- - -------------- -
nsrme.sw
o�
LOCATION MAP
FEWETFR SORYEY FOR
R mrrveranvr
OCEAN ISLE MOTEL. A CONDOWNIUM
OF
•
eOTS le - H SM S SECT. O S EASTEM 43' OF
VEMAASMWOW STREET.
AREA FOOChYM
. Orm TO[xY9P GxU0 OOea c
scar r.W. mr{er
b p W
g �
ee nsawnr[memr�wea ncm
I ATLANTIC OCEAN I
c...Ke. rssrvs. awn..n.. cM K.. x.s a..n of r'p\ aasKKx ca.x.. van c..ax.
n wi rKu....csvu san. x.a e..e. am SL Rl
I '�'0f�•�� ^'. 1Ts11...aees.o
asa.sm uron.xean [�.��i..: i ti. . . o..xs ..[.urza.w o.
sav[.a niuwu. un[.a. sera[ v. r w
.s a..n x.ccaw.ce xn. m .r. .¢cer j l-7 / „eRw.si[n[. sea: eacvrw a s.[oa[.i... w.
.vne%v ...w..ro xu ws,to.ro iiL ne.,� �. �. +[se •. ww w. sac _ a_.ne_
F,

,
EXHIBIT B
TO THE DECLARATION CREATING UNIT OWNERSHIP
FOR OCEAN ISLE MOTEL, A CONDOMINIUM
CERTIFICATE OF SUBSTANTIAL COMPLETION
i r
I, `'r",�f i�� ��. •Jcilr��t�F1 , a Licensed
Architect in the State of North Carolina hereby certify that I
inspected the Condominium Building as it exists as of the Z,,cl
day of ! �1:'.-I 191L and hereby certify that it is
substantially complete according to the plans and
specifications thereof.
This day of
Sworn to and subscribed
before me this 2Lj day of
V ) ) k-kk 19M.
Notary Public
My Commission xpires:
�� i��l c
37.

EXHIBIT C
TO THE DECLARATION CREATING UNIT OWNERSHIP
FOR OCEAN ISLE MOTEL, A CONDOMINIUM
APPURTENANT ALLOCATED INTEREST
BUILDING A
Unit Number Allocated Interest
Al 1/23.33 or 4.29%
A2 1.33/23.33 or 5.7%
A3 1/23.33 or 4.29%
A4 1.33/23.33 or 5.7%
BUILDING B
Unit Number
Allocated
Interest
B1
1/23.33 or
4.29%
B2
1.33/23.33
or 5.7%
B3
1/23.33 or
4.29%
B4
1.33/23.33
or 5.7%
BUILDING C
Unit Number
Allocated
Interest
Cl
1/23.33 or
4.29%
C2
1.33/23.33
or 5.7%
C3
1/23.33 or
4.29%
C4
1.33/23.33
or 5.7%
Unit Number
D1
D2
D3
D4
BUILDING D
Allocated Interest
1/23.33 or 4.29%
1.33/23.33 or 5.7%
1/23.33 or 4.29%
1.33/23.33 or 5.7%
am

T
Unit Number
E1
E2
E3
E4
BUILDING E
Allocated Interest
1/23.33 or 4.29%
1.33/23.33 or 5.7%
1/23.33 or 4.29%
1.33/23.33 or 5.7%
39.

c°`$rAT[a i
State of North Carolina
Department of Environment, Health and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
April 25, 1991
Mr. Mason H. Anderson
Attorney at Law
P. O. Box 345
Shallotte, North Carolina 28459
RE: Settlement Agreement
CM 91-12D
Dear Mason:
John C. Hunter
General Counsel
Office of General Counsel
Edwin L. Gavin II
John P. Barkley
David G. He<cer
J. Peter Rascoc, III
James C. Holloway
Leigh L. Stallings
Robert R. Gelblum
Billy R. Godwin
Elimbeth E.Rouse
Jay L. Osborne
Attached is an executed copy of the Settlement Agreement you
Faxed to me last week. Also enclosed is the original agreement
for you and your client to sign. Please return it to me as soon
as it has been signed.
DGH\rbw
Attachments
Yours, truly,
David G. Heeter
Deputy General Counsel
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

STATE OF NORTH CAROLINA CAMA ENFORCEMENT ACTION
91-12D
COUNTY OF BRUNSWICK
S E T T L E M E N T A G R_E E ME N T
Pursuant to Rules 15A North Carolina Administrative Code 7J
.0312, .0409, and' .0410, Rae S. Cox and family, acting through
Sloane Realty, I'nc. (hereinafter Rae S. Cox), and the Division of
Coastal Management, North Carolina Department of Environment,
Health, and Natural Resources (hereinafter Division), hereby
enter into this Settlment Agreement in. order to resolve the
Notice of Violations and Request to Cease and Desist Such
Violations dated April 9, 1991, upon the following terms and
conditions:
1. On or before April 22, 1991, Rae S. Cox shall repair and
stabilize the breached dune on the subject property to the
satisfaction of the Division and shall thereafter maintain such
dune in accordance with Condition (1) of CANA Minor Development
Permit 89-0001;
2. On or before May 13, 1991, Rae S. Cox shall file with the
Brunswick County Registrar of Deeds a Declaration creating no
more than four condominium units in each of the five buildings
being constructed on Lots 18, 19, 20, and 21, Block 8, Section C,
Map of Ocean Isle Beach, plus 43 feet of Oxford Street, Town of
Ocean Isle Beach, Brunswick County, North Carolina. The
Declaration shall expressly provide that no condominium unit or
units shall be subdivided so as to create more than four units in
any one building and that any unit owner or subsequent unit owner
shall have the authority to enforce this restriction. On or
before May 6, 1991; Rae S. Cox shall submit such Declaration to
the Division for its review and approval together with the Plan
for said condominium executed by a licensed architect or a
registered engineer. The Declaration and Plan shall fully comply
with all the requirements of The North Carolina Condominium Act,
Article 2, Chapter 47C of the General Statutes, and the Division
may disapprove said Declaration and Plan if it finds they do not
provide adequate assurance that the number of condominium units
will comply with Rule 15A North Carolina Administrative Code 7H
.0306(a)(4) in which case said Declaration and Plan shall be
modified until approved by the Division.
3. On or before April 22, 1991, representatives of Rae S.
Cox and the Division shall meet upon the subject property to
further investigate whether all the buildings are located 60 or
more feet landward of the first line of stable, natural
vegetation and whether any of the buildings must be modified or
moved to comply with the mininum 60 foot setback. If the Division
determines that one or more of the buildings must be modified or
moved to comply with the minimum 60 foot setback, it shall so
notify Rae S. Cox in writing on or before April 29, 1991. On or
before May 6, 1991, Rae S. Cox shall submit to the Division any
necessary plan for modifying or moving the buildings, and the
Division shall determine whether the buildings as proposed to be
modified or moved will comply with the minimum 60 foot setback.

-2-`
4. If the Division approves the repair and stabilization of
the breached dune, the Declaration and Plan for the condominiums,
and any necessary plan .for modifying or moving the buildings as
set forth in Sections 1, 2, and 3 above, Rae S. Cox shall submit
a Modified CAMA Minor Permit.. Application to the Local Permit
Officer for the Town of Ocean Isle Beach on or before May 21,
1991. The Ocean Isle Beach Local Permit Officer shall thereafter
review said Permit Application and determine whether a Modified
CAMA Minor Development Permit should be issued. Any Modified CAMA
Minor Development Permit shall include a Condition limiting the
number of condominium units in each building to four units and
prohibiting the subdividing of any unit or units so as to create
more than four codominium units in any one building.
5. Upon the execution of this Settlement Agreement, the
Division shall in writing suspend its Cease and Desist Request
dated April 9, 1991, and thereafter Rae S. Cox may proceed with
the construction of the five buildings on the property so long as
Rae S. Cox fully and completely complies with all the terms and
conditions set forth in Sections 1 through 4 of this Settlement
Agreement. If the Division determines that Rae S. Cox has failed
to comply with this Settlement Agreement, the Division may
reinstate its Cease and Desist Request upon so notifing Rae S.
Cox in writing. By entering into this Agreement, the Division
does not waive its authority to assess a civil penalty or
penalties or to seek an injunction or criminal penalities for any
violations for which Rae S. Cox is responsible prior to or after
the date of this Settlement Agreement, and by entering into this
Settlement, Rae S. Cox does not waive any defense to any civil
penalty or penalties which the Division may assess or any
injunction or criminal penalties which the Division may seek for
any violations for which Rae S. Cox is alleged to be responsible
before or after the date of this Settlement Agreement.
6. This Agreement represents the entire agreement between
the parties resolving the matters set forth in the Cease and
Desist Request dated April 9., 1991. Any modification of this
Agreement shall be in writing and signed by both parties.
This the 17-M day of April, 1991.
FOR RAE.S. COX AND FAMILY
ACTING THROUGH SLOANE REALTY, INC.
Rae S. Cox
16 Causeway Drive
Ocean Isle Beach, N.C. 28959
Anderson
Attorney at Law
P.O. Box 345
Shallote, N.C. 28459
A:RCSA.DH
FOR THE DIVISION OF COASTAL
MANAGEMENT
Roge checter
Direbtedr, Division of
Coastal Management
P.O. Box 27687
Raleigh, N.C. 27611 Mason H.
-David G. Heeter
Deputy General Counsel
P.O. Box 27687
Raleigh, N.C. 27611

April 10, 1991
Mr. Roger N. Schedter, Director
Division of Coastal Management
225 N. McDowell Street
Raleigh, NC 27602
RE: CAMA Minor Development Permit No. 89-0001
Dear Mr. Schecter:
in response to the Cease and Desist Order issued by you
under date of 9 April 91 I hereby, on behalf of the permit
holder, make the following proposals to correct the alleged
violation cited in the Order:
1. Permit Holder will cause to be created no more than
four condominiums units in each of the 5 buildings persuant
to and in compliance with the North Carolina Condominium Act.
The condominum declaration will contain language which will
preclude further division of the building into smaller units..
We will accomplish the creation of the condominium and have
it properly filed in the Brunswick County Registery within 30
days; and
2. We will restore the breach in the dune in front of
the buildings within 10 days consistent with the requirement
of Coastal Management; and ,
3. We will meet on site with a representative of
Coastal Management and determine what corrective action is to
be followed to correct any deficiency regarding the 60
ft.requirement. in this connection we recognize that
acceptance of this proposal will not constitute a waiver of
the division's right to assess a civil penalty should that be
appropriate in the circumstances.
Mr. Schecter, on behalf of the of the permit holder we
will appreciate your consideration of these proposals and
respectfully request that the Cease and Desist Order be

suspended until we can comply with these proposals and then
to dissolve it in due course.
Sincerely
Masoh H. Anderson
Attorney for the Permit
Holder
MHS:cj

-3-
cc: Preston Pate
Jim Herstine
David Heeter
Robin Smith
T. D. Robinson
A:OIB.DH

0
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor April 9, 1991 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
NOTICE OF VIOLATIONS AND REQUEST
TO CEASE AND DESIST SUCH VIOLATIONS
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mason H. Anderson
Attorney for Rae S. Cox and family
acting through Sloane Realty, Inc.
P.O. Box 345
Shallotte, North Carolina 28459
RE: Violation(s) of Coastal Area Management Act and LAMA
Minor Development Permit No. 89-0001
Dear Mr. Anderson:
I thank you and your clients for meeting.with me and other
representatives of the Department of Environment, Health, and
Natural Resources to discuss this matter. I have, concluded that
the information gathered by the Division of Coastal Management
shows that Rae S. Cox and family acting through Sloane Realty,
Inc., have undertaken minor development in violation of the
Coastal Area Management Act and the Conditions of CAMA Minor
Development Permit No. 89-0001.
The investigation by the Division of Coastal Management has
revealed that CAMA Minor Development Permit No. 89-0001 which was
issued by the Local Permit Officer, Town of Ocean Isle Beach,
authorizes the construction of a motel which violates the erosion
setback requirement for large structures established by the
Coastal Resources Commission in Rule 15A NCAC 7H .0306(a)(4).
Permit No. 89-0001 authorizes the construction of five motel
buildings each containing ten units, and these buildings do not
comply with the minimum 120 foot setback for motels with more
than four units in Rule 15A NCAC 7H .0306(a)(4). The Minor
Development Permit was issued in violation of G.S. 113A-120(a)(8)
which provides that a permit shall not be issued if it is
inconsistent with the Rules adopted by the Coastal Resources
Commission.
The Division's investigation
the Conditions attached to Permit
been violated because one of the
has also revealed violations of
No. 89-0001. Condition (1) has
buildings is being constructed .
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 9I9-733-2293
An Equal Opportunity Affirmative Action Employer

-2-
within 60 feet of the first line of stable, natural vegetation.
Condition (6) has been violated because one of the dunes has been
breached, thus weakening its protective value.
I hereby request that Rae S. Cox and family acting through
Sloane Realty, Inc., and their agents and employees immediately
CEASE AND DESIST all further construction of the five motel
buildings which violates the above -cited provisions in the
Coastal Area Management Act, Rules of the Coastal Resources
Commission, and Conditions in CAMA Minor Development Permit No.
89-0001. This prohibition on any further construction includes
any interior finishing work on the five motel buildings.
In addition, I hereby request that these violations be
restored to the satisfaction of the Division of Coastal
Management within 90 days of receipt of this CEASE AND DESIST
REQUEST pursuant to a restoration plan approved by the Division.
In order to restore the violations, the number of units in each
of the motel buildings must be reduced to four or less, all of
the buildings must be located 60 feet or more landward of the
first line of stable, natural vegetation, and the breached dune
must be repaired and stabilized. An acceptable restoration plan
shall be submitted to the Division of Coastal Management within
ten days of receipt of this CEASE AND DESIST REQUEST.
A civil penalty may be assessed or an injunction or criminal
penalty may be sought against anyone who violates the Coastal
Area Management Act or the conditions of a CAMA Development
Permit. It is the policy of the Coastal Resources Commission to
assess a minimum civil penalty of $50.00 against all minor
development violations. This is done to recoup some of the cost
of investigating violations and/or to compensate 'the public for
any damage to its natural resources. Whether a'•.higher penalty
will be assessed will depend upon several factors, including the
nature and area of the resources which were affected and the
extent of the damage to them. If restoration of the violations is
not undertaken or completed satisfactorily, a substantially
higher civil penalty will be assessed and a court injunction will
be sought ordering restoration. A separate penalty may be
assessed for each day of a willful action or failure to act after
notice of violation is given, and receipt of this CEASE AND
DESIST REQUEST constitutes receipt of a notice of violation. The
provisions and rules governing civil penalties, injunctions, and
criminal penalties are found in G.S. 113A-126 and Rule 15A NCAC
7J .0409.
I should be contacted immediately about this matter. A site
inspection will be made to determine whether this CEASE AND
DESIST REQUEST has been complied with.
Sinc rely,
Rog e Schecter

-3-
cc: Preston Pate
Jim Herstine
David Heeter
Robin Smith
T. D. Robinson
A:OIB.DH

APR-031I991
13:20 FROM EHNR WILM REG OFFICE
TO 919197332622 P.10

RPR-03-1991 13:19 FROM EHNR WILM REG OFFICE TO
AEC HAZARD NOTICE
919197332622 P.09
YOUR PROJECT IS IN AN:
`UR
OCEAN ERODIBLE AREA
HIGH HAZARD FLOOD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the, 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.
The best available information, as accepted by
the Coastal Resources Commission, indicates that
the annual ocean erosion rate for the area where
your property is locates is_�_2— _feet per year.
Date
— INLET HAZARD AREA
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also indicate that the shoreline could
move as much ash 0 ___feet landward in a major
storm.
The flood waters in a r m storare predic-
ted to be about / ! fee�in this area.
Preferred oceanfront protection measures are
beach nourishment projects and relocation of
threatened structures. Hard erosion protection
structures such as wooden bulkheads, seawalls,
rock arid rubble revetments, wooden, metal,
concrete or rock jetties, groins and breakwaters,
concrete -filled sandbags and tire structures are
prohibired. Sandbag bulkheads or groins, beach
nourishment, beach bulldozing, and low intensity
off -shore passive sancitrapping devices may be
p iss ble under certain.%onditions.
's Signature
The applicant must acknowledge receipt of this information by signing this ndi.ice in the space above. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development in areas subject to =udders and massive storms and
erosion. Permits issued 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 will determine the vegetation lire and
setback distance at that particular site. If the property has seen littie change and the proposed development can still
meet the setback requirement the LPO will inform you that you may begin development. It is important that you
check with the LPO before the permir expires for official approval to continue work after ,your permit expires. Gener•
ally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary.
If substantial progress has not been made the permit must be renewed and a new setback may be applied. IT IS
UNLAWFUL TO CONTINUE WORK AFTER PERMIT EXPIRATION WITHOUT THIS APPROVAL.
FOR MORE INFORMATION, CONTACT:
LOCAL PERMIT OFFICER:
fli;!L CTC.,
ADDRE». 3 W. 3rd St.
Oman !s6> --- - --��
LOCALITY!
P11:.F

APR-03-1991 13:19 FROM EHNR WILM REG OFFICE TO 919197332622 P.09
STATEMENT OF OWNERSHIP
I, the undersigned, an applicant for a CAM minor development permit, being either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAM
minor development permit, certify that the person listed as landowner on this application has a significant interest
in the real property described therein, This interest can be described as follows: (check one)
an owner of record title, Title is vested in
sec Deed Book page _._.._..._.._....._._. in the
County Registry of Deeds
an owner by virtue of inheritance. Applicant is an heir to the estate of ._.,._.
, prubate was in
V if other interest, such as written contract or lease, explain below or use a separate sheet
attach to this Applicatiun
NOTIFICATION OF ADJACENT PROPERTY OWNFRS
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that
I have given ACTUAL NOTICE to each of them concerning my intent to dcvclop this property and to apply for
a CAMA peen,it
(name) (Aodress)
(a!
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORFI INE EROSION AREAS -
I acknowledge the: the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot, This explanation was accompanied by r erommendadnns
concerning stabilization and flood -proofing techniques.
PERMIeeln" Tn ENTER ON LAND
5 I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer r
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit applicatiQiom tr�`IL/ rr
D
Land )wncr or pe:son au Jiorized to act ae his agent

HrK-nr11=1 1.-10 rKUI11 LMINK W1LI'I Ktll Urrlt_L I P.06
0
c
OCEAN HAZARD AEC PERMIT REQUIREMENTS - 15NCAC 7H .0300
A. Residential Development (house, condominium).
1. The structure must set back 60 feet from the first line of
stable natural vegetation.
2. The structure must be located entirely off of the frontal
dune, and if a primary dune is present, behind the crest
of the primary dune.
3. The Structure must be elevated on pilings with a diameter of
at least 8 inches and the first floor level of the sills and
joists must meet the minimal 100 year flood level elevation
of; 16 feet.
4. If the structure is located closer. than 60 times the annual,
erosion rate from the most seaward line of stable natural
vegetation, all pilings shall have a tin penetration of at
least five feet below mean sea level or sixteen feet below
average original grade, whichever is least, if located on a
primary dune, the tip penetration must be at least 5 feet
below mean sea level.
5. No impermeable surfaces shall be allowed over any functional
part of the septic tank system.
6. 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 areas will be immediately
stabilized.
7. This permit pay be renewed for one year if requested before
the expiration date.
S. The permittee is required to contact the Loral Permit Officer
shortly before he plans to begin construction to arrange a
setback measurement which will be effective for 60 Jays of.
.the determination or the measurement is void and must be
redone.
9. sand used to strengthen dunes must be brought in from an out-
side source and must be of the same nature as the sand in the
area in which it is to be placed. No sand is to be removed
from the lot.
10. sand held in storage in any dune other than frontal or primary
dunes may be moved laterally in order to strengthen existing
primary or frontal dunes if the work would enhance the pro-
tection to the proposed development activity and the sand is
immediately stabilized.
11. All development must be consistent with all applicable
federal, state and local standards.

RPR-03-1991 13'17 FROM EHNR WILM REG OFFICE TO
'Town, ot- ocean is -Le neacu
Local �ocernm ent
919197332622
P.05
89-0001
Permit Number
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
Ganct Al Statutes, "Coastal Area 61anagement."
Issued to __Sloane Realty & Rae Cox
authorizing development in Q , at o� s j $shy__. 20 . 2
Section C as requested in the permiuee's application dated
This permit, issued on January,. 30 1989 , is subject to compliance with the application and site drawing
(where consistent with the permir), ail applicable regulations and special conditions and notes set forth below. Any violation of these
terms may subjcet•permiltcc to a fine, imprisonment or civil action; or may cause the permit to be null and void.
See Attached Conditions
This permit action may be appealed by The permalee or
ot.ha qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
permit must cease until the appeal is resolved.
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 modifications not covered
under this permit require further written permit approval
All work must cease when this permit expires on
In issuing this permit it is agreed that this project is consis-
ten with the local Land Use Plan and all applicable ordinances.
. This permit may not he transferred to another party without
the written approval of the Division of Coastal Management.
t.:
1', D. Rober
/
Local Permit Officer (signature)
name
3 West Third St.
address
Permittee (signature required if special conditions above apply to prrm)t

APR-03-1991 13:17 FROM
EHNR WILPI REG OFFICE TO 919197332622 P.04
CLIPPING OF LEGAL
ADV ,11TISMENT
ATTACHED HERE
CAMA PERMrr NOTICE. I
Pursuant to NCGS INA•118(b), the munkipnlrl
ly 8f Ocean Isle Reach, a WAllty authorized to
Issue LAMA permits in the areas of enviromnen-
te1 Concern, hereby gives NOTICC that on Jrm. 4,
1569, 8RPhcaW4 Sloane Realty and Rae Co% ap.
plied for a CAMA minor development permit 10
construct a motel At Lett, 18,19, 20 and 21, Block 8,
section C. 35 Fast Fuat stmet,
The application may t>e Inspected at the below
addreas. Public comments received by Jam 19.
1989 will be ansdered. Later conuuerda will bc�
accepted and considered up to the time of permit I
declslon. Project m0d;ficattions may occur based
on further review arrl comments. Notice of the
permit declsion in this matter will be provided
upon written request.
T. D. Rolurson
Local LAMA Permit 08teer
Route 2, Rea 08,
Ocean tsle Beach. N.C. 28409!
Phone: (919) SM71M
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
AFFILDAVIT OF PUBLICATION
Before the undersigned, a Noiam' Public of said County and State,
duly cOnUrAssioned, qualified, and authorized by law to administer oaths,
Personally appeared .......... Carolyn H. Sweatt
who, being first duly sworn, deposes and says: that he (shP) is
.............Publisher........ .
(Owner, partner, publisher, or other officer or employee
authorized to make this affidavit)
of The Brunswick Beacon a newspaper published, issued, and entered as
second class mail in the City of Shallotte in said County and State; that he
(she) is authorized to make this affidavit and sworn statement; that the
notice or other legal advertisement, a true copy of which is attach hereto,
was published in The Brunswick 3eacon on the following dates:
January 12, 1989
........................................................................
and that the said newspaper in which Stich notice, paper, document, or
legal advertisement was published, was at the time of each and every
such publication, a newspaper meeting all of the requirements and
qualifications of Section IS97 of the General Stattttes'of North Carolina
and was a qualified newspaper within the meaning of Section 1-597 of the
General Statues of North Carolina.
This . 12,0,..1day. of ...January.. b.�i.
gnature of person making affidavit)
Sworn to and subscribed before me, this .12tih , day
of... Jana,ary.
.........elLI - te.....1� �a,IF-a?�:.. 1.
Notary Public
MyConutlissionexpires: ... .f4,ugus.t..26,a.A9�.2....._ .... .....

APR-03-1991 13:16 FROM EHNR WILM REG OFFICE TO
919197332622 P.03
I
Sra� d �-evf rWF
F.J.
-- ---- .77
j

APR,'-J3-1991 13:16 FROM EHNR WILM REG OFFICE TO 919197332622 P.02
Janitar%
I
here rnett 4a
N. C. llepartnent of Natural Resources
and Community Development
722' 1 svi 11C Avr,
Wiltf:.in<.>ton, id. C. 28405
De='P.arrF:tt:
.eterence to the Town of Ocean Isle Beach T,ocaT C.AMA Permit.
oer 39-0001, 1 a- sending you an amended cony to page A-2
0- the accompanyir._ __ -.rings to that application showing rhanges
hat have been made t^_ =;,t storage area on the ground of Building
l Llte bathl00m5 andofiice, area downstairs have been omitted
this is in violation of the Town of Oc.?an Isle Reach Flood
rc.
add t.:.. to that application file. Thank vou.
,in,^erc; ,
LPo
1 : ht- ,
. 7:IWN D� OCEAN ISLE. BEACH / THREE WEST --.. 51 .ciC=:=\ 3GACH, NC 7941�9 : r919) 1579-a 1

MEMORANDUM
TO: William W. Cobey, Jr.
Secretary of the Department of
Environment, Health and Natural Resources
Roger Schecter
Director of the Division of
Coastal Management
FROM: Mason H. Anderson
Anderson & MCLamb
Attorneys at Law
DATE: April 5, 1991
SUBJECT: Threatened Cease and Desist Order of the building
Project pursuant to CAMA Minor Permit No. 89-0001
issued in the name of Sloane Realty, Inc. and Rae S.
Cox on January 30, 1989
FACTS
1. BACKGROUND INFORMATION:
Rae S. Cox and her family through Sloane Realty,
Inc. of Ocean Isle Beach are the owners of the lots located at
Ocean Isle Beach, Brunswick County, North Carolina as
identified in the above -referenced Minor Development Permit and
have been for a number of years. At one time there was a motel
located on a portion of this property. The motel was removed
because it was antiquated and the property has been vacant for
a number of years. The family commenced plans for the
development of the property in 1988.
They became familiar with and conversant with the
rules required to be complied with for a CAMA Minor Development
Permit. They understood that the key requirements were:
(a) a minimum setback of 60 feet; and
(b) that no building in the project contain more
than 5,000 square feet; and
(c) there be no more than four Units in any
building; and
(d) there must be one acre or less in the project.
Armed with this knowledge and with full intent to
comply with these requirements, the Permittee instructed their
architect to design a motel project within these guidelines.
On January 9, 1989, Sloane Realty, Inc. and Rae S.
Cox submitted the general information necessary to apply for a
minor permit for the proposed project. A copy of the CAMA
Permit application is attached hereto as Exhibit A.

The application identified the lots and parcel of
property on which the project was to be located. It indicated
that there would be five buildings, each containing 4,997
square feet, and that the total area of the site was 36,450
square feet. The application was delivered to Druid Roberson,
the Building Inspector for the Town of Ocean Isle Beach and the
LPO, with authority in the municipality on the 9th day of
January, 1989. The applicant also submitted detailed drawings
to Mr. Roberson, the LPO, along with the application.
The LPO; as is required, submitted the application
together with the plans of the project to the CAMA Wilmington
Regional Office immediately upon receipt from the applicant.
On January 17, 1989, some 12 or 13 days later, Mr.
Roberson sent a letter to Tere Barrett referring to CAMA Permit
No. 89-0001 and stated that he was sending "an amended copy to
Page A-2 of the accompanying drawings to that application
showing changes..." A copy of that letter is attached hereto
as Exhibit B.
The LPO received no negative comments from the
Wilmington Regional Office regarding the permit. The LPO was
of the opinion that the project as proposed complied with all
of the CAMA requirements for a minor permit and issued the
Minor Development Permit under date of January 30, 1989. A
copy of which is attached hereto as Exhibit C.
The Applicant obtained a building permit from the
Town of Ocean Isle Beach. CAMA reimbursed the Town of Ocean
Isle Beach for its services as the LPO in the amount of
$560.00. A copy of the deposit slip from United Carolina Bank
dated June 9, 1989 evidencing that payment is attached hereto
as Exhibit D.
Construction was commenced on the project by the
Applicant in early 1991 with construction on schedule to be
completed within the next month. The building project is
approximately 90% complete at this point with the Applicant
having expended at this point approximately 1.5 million
dollars. On Tuesday, April 2, 1991, representatives of the
Wilmington Regional Office came on site and stated that work on
the project must stop because the Permit should not have been
issued because in their view each building contained more than
four Units. They also made some comment to the effect that the
project contained more than one acre.
2. SPECIFICS AS APPLIED AGAINST THIS BACKGROUND:
Ia) The One Acre or Less Area in the Project
Question. It is true the Applicant owns in excess of one acre
in this general location; however the adjacent properties do
not constitute part of this project and further there has been

no land disturbing activity beyond the project limits
subsequent to the issuance of this permit or associated with
the project. The dunes on the adjoining property have been
flattened for some time preceding the application for this
permit and had in fact been used by the public for parking and
access to the beach with the permission of the Permittee. A
temporary office trailer has been parked on the adjoining
property and some materials have temporarily been stored on the
adjoining property, but this does not in good faith constitute
a part of this project sufficient to violate any of the
regulations.
.mil I'll rvur unrc lnteroretative Question The
Applicant's architect with full knowledge of the Minor CAMA
Permit regulations on this point concluded that the
configuration of the rooms as he prepared on the plans complied
with the four Unit requirement. On each floor, two suites were
designed, one suite with three bedrooms and one suite with two
bedrooms. The suites were made by making all of the rooms
within each Unit or suite interconnecting. The regulations, of
course, do not speak to the number of bedrooms in a Unit and
therefore, the number of bedrooms in each Unit is irrelevant;
neither do the regulations speak to how many accesses or
entrances there may be to each bedroom constituting the Unit or
for that matter how many entrances there may be into the Unit.
Based upon this understanding, the architect discussed this
matter with the LPO and presented him proposed drawings of the
motel complex in advance of the application being submitted.
The LPO was also of the opinion that was a correct
interpretation of the regulations governing the issuance of a
minor permit.
Since it has come to the attention of the Applicant
and to the LPO that the Wilmington Regional Office interprets
the regulations differently, the Applicant and I, as the
Applicant's Attorney, have discussed this matter with Mr.
Roberson, the LPO, and he continues to hold the opinion that:
(a) he followed the proper procedure in handlingthis
application, and (b) his interpretation of the rules as applies
to this project are accurate.
The Applicant, their professional design consultants
and the LPO have all acted with the knowledge of the
regulations openly, above board and in good faith.
Based upon the Permit and in good faith, the
Applicant proceeded with construction and is in an extremely
vulnerable position, all -in reliance on the Permit.
POSITION OF THE PERMITTEE
Whatever the merits of the disagreement between the
Regional Office and the LPO regarding what constitutes a Unit
under the regulations should not be used as a spring board to
punish the Permit Holder. The Permit, by its terms, can be

appealed at any time within 20 days of the issuing date. The
20 days has expired. Permit Holders must be able to rely upon
the permits issued by the LPO or any other agent or employee of
CAMA; otherwise, the business risk to developers is
unacceptable. We are not dealing here with a set of facts in
which the Permittee has been devious, under handed or in some
way attempted to conceal the facts. Quite to the contrary,
this Permit Holder was cautious to be certain that the Minor
Development Permit requirements were met and agreed with by the
LPO. Neither are we dealing with a circumstance in which the
LPO does not have a history of a good tract record as the LPO.
CONCLUSION
If, after review, it is the opinion of the State
Administrative Staff, that the interpretation by the LPO as
applied to these facts are incorrect and that the correct
interpretation has been made by Staff at the Wilmington
Regional Office, then we suggest the proper procedure is to
properly inform the LPOs of this interpretation to protect
against future permits being issued under these circumstances.
It certainly is not acceptable to penalize the Permittee who
has in good faith relied upon the Permit and who would be
seriously damaged by any other course of action.
In this regard, it seems important to note that this
issue has nothing to do with conditions to be protected under
the minor permitting regulations. The buildings each exceed
the 60 foot set back requirement and each contain less than the
permitted square feet.
The four Unit rule does not preclude the number of
bedrooms that are contained in the buildings, the number of
people that can be accomodated or any other safety or
environmental factor. The issue solely rests upon and revolves
around the definition of a Unit.
Although the Permittee does not believe that a Soil
and Sedimentation Erosion Control Plan is necessary, if it is
felt that because a construction trailer and building materials
have temporarily been stored on adjacent land owned by the
Permittee, the Permittee will certainly file a plan with the
appropriate agency.
Finally, we request that no action be taken
regarding this permit and that any action taken by Staff be
designed to clarify the controversy regarding what constitutes
a Unit under the regulations for a Minor Permit.

NERRL PI�ffZ`I��TON
SI
1. LANDOWNER
mil
PC[
Addle„Z V (�
- fGe�.tJa�1 �//�
City nlealol& &61- State —��Zip a y9sf Phone
2. AUTHORIZED AGENT
Nance
PH
Address _
C t\
1 3. LOCATIO\'DESCRIPTION OF PROJECT
SuI(
C CL.✓ r 5 / C
Zip Phone
4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To jl,;; d in b, Local Pc:mii Oifi.r p,io- iocomp!c'lingaPp:ical:ol:l
✓ O,c3n. Haza:d
DE 5. PROPOSED USE
Rc:,dcn'ii2l —
E,tua-ineShnieline O:hci
Con
G. SIZE OF BUILDING IN SQUARE F
i. SIZE OF SITE IN SQUARE FEET:
Th;, appli,ali_.n includegcncr2; inf.rma:ic:n (this
NC a sit( ...a\sing a, dcscribrd on the b3cf of this
2p P:riallon. tr,c ownc'r;hip. statement. the AFC hazard
n0iice where ncses,a:t, a dt_c F, fo! S'j.OJm d, p,,ab!e
to the local:;%. and any info:mati'on mat be pro-
•..ded oral!} b� the applicant. The or zai!s of the ap pliea-
lion 2> dcs,,ibvd N) Ihese sou•ces aye incorporated
s ilhout reference in 2ny permit which mat be issued.
Deviation from these details will eon;tliuie a Violation
of antpermit. Ant pe,son developing in an AEC v.ithoui
a LAMA perm:i is subject to civil, criminal and admini.
S:,alicc action.
f
Sill I OTHER PERMITS MAY BE REQUIRED...
Stl I lh, acli\il� a':ich vu� art Plannr:gma., rcyci•t permits
o7.c: Ihcn It:., CAM minor Perm.: \ou are ap.,'\ing for
h,•t .A' 2 ,e'Iit? \,t hat: tu^ oi!(,i a listing (/ ih, hind,
of p:rn,i:. v.h„h niig''1 h!' ny.; i;ti' V;o >ugc.,: that you
ch.t z,.cr li,! ,. 10; yc.-if Lo,a' Ptr•:ut 0"11.0 10
d:a'r,:ut w!'. , if a•1. ul ihe,� :'Icy al','h I:: \O(r:
[•. yt:: Ih:• I, r,�,t of CA%;A. 0•l . e ,figi„
:1• V h,l, ,i.. L': ,•a ll \. JI P: p'l.� (1'JIt1 !\ E•.
DA- f':..
This he deb' of
t.
oopfcahcani's signature (o aui.
ized
Indicate below' address and phone if not shown above.
Zuring, Drinking ll aicr Y. ell, St•pt::: Ia.n.l. (or olher sar.lta:s
"a,tt Irea:mcnt sysioni. Ef,nirg. ElCeir,i2!, Piumbirg.
Healing and Ail Cundit,oning Insulation and Energ,
Co,tscr'..;ic.n, f IA S.:r.d D.nc. Scd men:
Ce't:td. S1lI`.',.1U10!1 ,.prose' Mot -;II Homc Pa!t
Cf-nn,, lie 4t, 0:':t r,.

I U1e undersigned, in appFi.anl (Or a CsMA minor development Permit, tieing ed6cr tfic owner ui y.irycI If
I"
an arra of environmental concern of a per,un aulhor.led to act as in agent for purposes of applying for a CAMA
mirror development Permit, certify that the person listed as landowner on this application has a significant interest
in the 'cal property deunhed ihere.n. This +merest can he described is fulluws (check one)
in ossnci of reeu:d title. role nscsled in
x•e Deed Book . page in the
ty kee.svt of Dzeds
in owner by virtue r.f inheritance Applicant is in heir to the estate of
Probate was in
County.
if either interest, >t;ch as w'nitcn conlracl Jr IC]se, exPlam hclow or use a iepir.ile sheet
attahzi] to this.lnCl cilion.
NOTIFICATION OF ADJACENT PROPERTY OWNERS
:u"`e.more iCrC t)' tha; -he foi!ow" Tog ::;n: are oss G2'n of p-operties adjoining :his proper:,,. I aflirm that
:•.c e.%en .ACTUAL NOTICE to each ,n• r.. contvm.r.g mp intent to de•.clop this property and to apPK for
] CAMA permit.
Namci (Add:essl
111 /)dell
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS:
I acknowledge that the land owner is aware thn the proposed development is planned for an area which may
be susceptible to erosion and'or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with :his lot. This explanation ,as accompanied by recommendations
concerning stabilization and flood�proofmg techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorzed to grant and do in fact gran: permission to the local permit officer
and his agents to enter on the aforementioned lands in connection with. esaluating information related to this
permit application.
Th > the
a_ 9.7.
Land us. ner or Person au.•1Vrtied to act as hs agent
for purposes •If fdmg a C.\%IA application,

t!(!"t I.,1-..�. .
YOUR PROJECT IS IN AN:
v OCEAN ERODIBLE AREA HIGH HAZARD FLOOD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the hazards. By granting
Permits, the Coastal Resources Commission does
not guarantee the safe,% of the development and
assumes no Iial,ility for future damage to the
development.
Tile best available information, as accepted by
the Coastal Resources Commission, indicates that
the annual ocean erosion rate for the area where
your propert is locate- is feet per year.
your
— INLET HAZARD AREA
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also indicate that the shoreline could
move as much ash I feet landward in a major
storm.
The flood waters in a mat rr storm are predic.
ted to be aboul--lk—feetlisk-
tt, in this area.
Preferred oceanfront protection measures are
beach nourishment projects and relocation of
threatened structures. Hard erosion protection
structures such as wooden bulkheads, seawalls,
rock and rubble revetments, wooden, metal,
concrete or rock jetties, groins and 'breakwaters,
concrete -filled sandbags and tire structures are
prohibited- Sandbag bulkheads or groins, beach
nourishment, beach bulldozing, and low intensity
off -shore passive sandtrapping devices may be
p Liss ble under certainkonditions.
The applicant must a: i,r,ot,iedge'receipt of this information b\ signing this n
the PrOner signature. tht a, ; !Katic)n v. ill not be complete.
ACrflicant's Signature
ice in the space above. t'.'ithout
SPECIAL NOTE. T;.s hazard notice is required for development in areas subject to sudden and massive storms and
erosior. Prrmhs is;uec in this area expire on Decernber 31 of the third year followingthe year in w:hic, the is>ucd. Shor!l% beir..•r wort, begins on the project site, tilt rr Y h permit was
I Local Permit Office, will determine the aecc[a!ion line and
se'. e20 distance a! 0; a: pa•iicular site. If the property has seen littic change and the prop osed development can still
mret :he scth.,ck rr,uJcr,ent the LPO will irdo
check with the rm you that yo,; mad begin dc�elopment. It is impo•;an; that you
LPO brforr for prm it expires for official approtal to continue wo: t. after your permit espires. Gener-
ail�, if foundatior p.i;[gs bare been placed and!ubst<ntial progress is continuing, permit renewal map not be necessary.
If substantial progress has not been made.the permit must be rene%etd and a new setback may be applied. IT IS
UNLAWFUL TO CO'cTINUE WORK AFTER PERh11T EXPIRATION WITHOUT THIS APPROVAL.
rvr. IIUKL In FORMAT I ON. CO'.T ACT;
LOCAL PER!✓IT OrrICER; T D. r^.p17RSON
ADDRESS:
LOe ALIT Y.
P ior.'L.
F..:
3 W. 3rd Si.

Exhibit E
OCEAJ (Tsr.E
BEACH
January 17, 1989
Tere Barrett
N. C. Department of Natural Resources
and Community Development
7225 Wrightsville Ave.
Wilmington, N. C. 28403
Dear Ms. Barrett:
With reference to the Town of Ocean Isle Beach Local CAMA Permit
Number 89-0001, I am sending You -an amended copy to page A-2 of the accompanying drawings to that application showing changes
that have been made to the storage area on the ground of Building
C. The bathrooms and office area downstairs have been omitted
since this is in violation of the Town of Ocean Isle Beach Flood
Ordinance.
Please add this to that application file. Thank you.
Sincerely,
T. D. Roberson
LPO
TDR/pc
'G'�: O L' i t•, I_: C BFACH /TH REF WEST THIRD 67nrET ��!-r q;, �c.0 BE AL-i I,: 2645o ; IL 19' �,79 21(

Lo
Permu Numb,.
CA&AA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop.
ment in an area of en%ironmental concern pursuant to Section I I3.A.118 of the
General Statutes. "Coastal Area Management."
Issued to _- Sloane Realty 6 Rae Cox
authoiizmg development in _ QrPan 1e1e Begrh �r
-spr ri nn C. '-- ---.at Lots S 19 7i1 g1 aiock 8
as requested inthc permiuee's application dated _Jannary !a 7oRo r
This permit, issued on January 30, 1989
where consistent- is subject to compliance with the application and site drawir-
with the to afi.J, aJ applicable regulations and special conditions and notes set forth below. Any violation of the,:
terms mas subject permitter to a fine, imps isemmen: or cis it action; or mad cause the permit to be null and void.
See Attached Conditions
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
dater From the date of an appeal, anp wort, conducled under this
permit must cease until the appeal is resohed.
This permit must be on the project silc and accessible to the
Permit officer when !hc p!oject is inspected to, compliance.
Any n:emicnance work or p:ujecz modifica!,ons no; cotcred
under this permit icqu,rc further written permit approval
All work must eea,c when this pr•t n': i! es Puc's on
----
In issuing this Pe'r.,i: it is agreed Ihat this p:nical is.cunsiv
enl with the local Land Use Plan and all apphc,iA ord:r,anees
T h,s ric'mit ma) not n. Irdn Sfr,-Itd to anniitc' without
thr v.,nuvi appru•.al ni I!H• of Co.i.!.r r,t„na P�•n,r•,n
Local Permit officer (signal,::•<
. D. Roberson
na-
West Third St.
aCOn.
Dr`"' ISIP Reach _UC 28459
Pr n'rfit•1 (s,F'=, u,f ,:GvuN i! sit r: rat tUoyrtiOm dhe,r dnC!, iG
O r-^

"�tENhwd`fifl�2[C7 Nth ktFdtdY Rt6j)l EIdBNiS
A. Residential Development (house, condominium).
1. The structure must set back 60 feet from the first line of
stable natural vegetation.
2. The structure must be located entirely off of the frontal
dune,. and if a primary dune is present, behind the crest
of the primary dune.
3. The Structure must be elevated on pilings with a diameter of
at least 8 inches and the first floor level ''of the sills grid
joists must meet the minimal 100 year flood level elevation
of 16 feet.
4. If the structure is located closer than 60 times the annual
erosion rate from the most seaward line of stable natural
vegetation, all pilings shall have a tip penetration of at
least five feet below mean sea level or sixteen feet below
average original grade, whichever is least; if located on a
primary dune, the tip penetration must be at least 5 feet
below mean sea level.
5. No impermeable surfaces shall be allowed over any functional
part of the septic tank system.
6. 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 areas will be immediately
stabilized.
7. This permit may be renewed for one year if requested before
the expiration date.
B. The permittee is required to contact the Local Permit Officer
shortly before he plans to begin construction to arrange a
setback measurement which will be effective for 60 days of
the determination or the measurement is void and must be
redone.
9. Sand used to strengthen dunes must be brought in from an out-
side source and must be of the same nature as the sand in the
area in which it is to be placed. No sand is to be removed
from the lot.
10. Sand held in storage in any dune other than frontal or primary
dunes may be moved laterally in order to strengthen existing
primary or frontal dunes if the work would enhance the pro-
tection to the proposed development activity and the sand is
immediately stabilized.
11. All development must be consistent with all applicable
federal, state and local standards.

6
Post -It'" brand fax transmittal memo 7671
# of pages o
To
5��1
ers�
From
2.
Co.
Co.
Dept.
Phone #
Fax # I C� _ 7/
Fax #
State of North Cacolma - —
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Govemor April 9, 1991 Roger N. Schecter
William W. Cobey, Jr., Secretary Director
NOTICE OF VIOLATIONS AND REQUEST
TO CEASE AND DESIST SUCH VIOLATIONS
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mason H. Anderson
Attorney for Rae S. Cox and family
acting through Sloane Realty, Inc.
P.O. Box 345
Shallotte, North Carolina 28459
RE: Violation(s) of Coastal Area Management Act and CAMA
Minor Development Permit No. 89-0001
Dear Mr. Anderson:
I thank you and your clients for meeting.with me and other
representatives of the Department of Environment, Health, and
Natural Resources to discuss this matter. I have, concluded that
the information gathered by the Division of Coastal Management
shows that Rae S. Cox and family acting through ploane Realty,
Inc., have undertaken minor development in violation of the
Coastal Area Management Act and the Conditions of CAMA Minor
Development Permit No. 89-0001.
The investigation by the Division of Coastal Management has
revealed that CAMA Minor Development Permit No. 89-0001 which was
issued by the Local Permit Officer, Town of Ocean Isle Beach,
authorizes the construction of a motel which violates the erosion
setback requirement for large structures established by the
Coastal Resources Commission in Rule 15A NCAC 7H .0306(a)(4).
Permit No. 89-0001 authorizes the construction of five motel
buildings each containing ten units, and these buildings do not
comply with the minimum 120 foot setback for motels with more
than four units in Rule 15A NCAC 7H .0306(a)(4). The Minor
Development Permit was issued in violation of G.S. 113A-120(a)(8)
which provides that a permit shall not be issued if it is
inconsistent with the Rules adopted by the Coastal Resources
Commission.
The Division's investigation has also revealed violations of
the Conditions attached to Permit No. 89-0001. Condition (1) has
been violated because one of the buildings is being constructed
P.O. Box 27687, Raleigh, North Carolina 276117687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

-2-
within 60 feet of the first line of stable, natural vegetation.
Condition (6) has been violated because one of the dunes has been
breached, thus weakening its protective value.
I hereby request that Rae S. Cox and family acting through
Sloane Realty, Inc., and their agents and employees immediately
CEASE AND DESIST all further construction of the five motel
buildings which violates the above -cited provisions in the
Coastal Area Management Act, Rules of the Coastal Resources
Commission, and Conditions in CAMA Minor Development Permit No.
89-0001. This prohibition on any further construction includes
any interior finishing work on the five motel buildings.
In addition, I hereby request that these violations be
restored to the satisfaction of the Division of Coastal
Management within 90 days of receipt of this CEASE AND DESIST
REQUEST pursuant to a restoration plan approved by the Division.
In order to restore the violations, the number of units in each
of the motel buildings must be reduced to four or less, all of
the buildings must be located 60 feet or more landward of the
first line of stable, natural vegetation, and the breached dune
must be repaired and stabilized. An acceptable restoration plan
shall be submitted to the Division of Coastal Management within
ten days of receipt of this CEASE AND DESIST REQUEST.
A civil penalty may be assessed or an injunction or criminal
penalty may be sought against anyone who violates the Coastal
Area Management Act or the conditions of a CAMA Development
Permit. It is the policy of the Coastal Resources Commission to
assess a minimum civil penalty of $50.00 against all minor
development violations. This is done to recoup some of the cost
of investigating violations and/or to compensate 'the public for
any damage to its natural resources. Whether a !higher penalty
will be assessed will depend upon several factors, including the
nature and area of the resources which were affected and the
extent of the damage to them. If restoration of the violations is
not undertaken or completed satisfactorily, a substantially
higher civil penalty will be assessed and a court injunction will
be sought ordering restoration. A separate penalty may be
assessed for each day of a willful action or failure to act after
notice of violation is given, and receipt of this CEASE AND
DESIST REQUEST constitutes receipt of a notice of violation. The
provisions and rules governing civil penalties, injunctions, and
criminal penalties are found in G.S. 113A-126 and Rule 15A NCAC
71 .0409.
I should be contacted immediately about this matter. A site
inspection will be made to determine whether this CEASE AND
DESIST REQUEST has been complied with.
Sinc rely,
Rog e Schecter

MEMORANDUM
TO: William W. Cobey, Jr.
Secretary of the Department of
Environment, Health and Natural Resources
Roger Schecter
Director of the Division of
Coastal Management
FROM: Mason H. Anderson
Anderson & McLamb
Attorneys at Law
DATE: April 5, 1991
SUBJECT: Threatened Cease and Desist Order of the building
project pursuant to CAMA Minor Permit No. 89-0001
issued in the name of Sloane Realty, Inc. and Rae S.
Cox on January 30, 1989
FACTS
1. BACKGROUND INFORMATION:
Rae S. Cox nd her family through Sloane Realty,
Inc. of Ocean sle Beach are the owners of the lots located at
Ocean Isle Beach, Brunswick County, North Carolina as
identified in the above -referenced Minor Development Permit and
have been for a number of years. At one time there was a motel
located on a portion of this property. The motel was removed
because it was antiquated and the property has been vacant for
a number of years. The family commenced plans for the
development of the property in 1988.
They became familiar with and conversant with the
rules required to be complied with for a CAMA Minor Development
Permit. They understood that the key requirements were:
(a) a minimum setback of 60 feet; and
(b) that no building in the project contain more
than 5,000 square feet; and
(c) there be no more than four Units in any
building; and
(d) there must be one acre or less in the project.
Armed with this knowledge and with full intent to
comply with these requirements, the Permittee instructed their
architect to design a motel project within these guidelines.
On January 4, 1989, Sloane Realty, Inc. and Rae S.
Cox submitted the general information necessary to apply for a
minor permit for the 1proposed project. A copy of the CAMA
Permit application is attached hereto as Exhibit A.

The application identified the lots and parcel of
property on which the project was to be located. It indicated
that there would be five buildings, each containing 4,997
square feet, and that the total area of the site was 36,450
square feet. The application was delivered to Druid Roberson,
the Building Inspector for the Town of Ocean Isle Beach and the
LPO, with authority in the municipality on the 4th day of
January, 1989. The applicant also submitted detailed drawings
to Mr. Roberson, the LPO, along with the application.
The LPO, as is required, submitted the application
together with the plans of the project to the CAMA Wilmington
Regional Office immediately upon receipt from the applicant.
On January 17, 1989, some 12 or 13 days later, Mr.
Roberson sent a letter to Tere Barrett referring to CAMA Permit
No. 89-0001 and stated that he was sending "an amended copy to
page A-2 of the accompanying drawings to that application
showing changes..." A copy of that letter is attached hereto
as Exhibit B.
The LPO received no negative comments from the
Wilmington Regional Office regarding the permit. The LPO was
of the opinion that the project as proposed complied with all
of the CAMA requirements for a minor permit and issued the
Minor Development Permit under date of January 30, 1989. A
copy of which is attached hereto as Exhibit C.
The Applicant obtained a building permit from the
Town of Ocean Isle Beach. CAMA reimbursed the Town of Ocean
Isle Beach for its services as the LPO in the amount of
$560.00. A copy of the deposit slip from United Carolina Bank
dated June 9, 1989 evidencing that payment is attached hereto
as Exhibit D.
Construction was commenced on the project by the
Applicant in early 1991 with construction on schedule to be
completed within the next month. The building project is
approximately 90% complete at this point with the Applicant
having expended at this point approximately 1.5 million
dollars. On Tuesday, April 2, 1991, representatives of the
Wilmington Regional Office came on site and stated that work on
the project must stop because the Permit should not have been
issued because in their view each building contained more than
four Units. They also made some comment to the effect that the
project contained more than one acre.
2. SPECIFICS AS APPLIED AGAINST THIS BACKGROUND:
(a,) The One Acre or Less Area in the Project
Ouestion. It is true the Applicant owns in excess of one acre
in this general location; however the adjacent properties do
not constitute part of this project and further there has been

no land disturbing activity beyond the project limits
subsequent to the issuance of this permit or associated with
the project. The dunes on the adjoining property have been
flattened for some time preceding the application for this
permit and had in fact been used by the public for parking and
access to the beach with the permission of the Permittee. A
temporary office trailer has been parked on the adjoining
property and some materials have temporarily been stored on the
adjoining property, but this does not in good faith constitute
a part of this project sufficient to violate any of the
regulations.
(b) The Four Unit Interpretative Question The
Applicant's architect with full knowledge of the Minor CAMA
Permit regulations on this point concluded that the
configuration of the rooms as he prepared on the plans complied
with the four Unit requirement. On each floor, two suites were
designed, one suite with three bedrooms and one suite with two
bedrooms. The suites were made by making all of the rooms
within each Unit or suite interconnecting. The regulations, of
course, do not speak to the number of bedrooms in a Unit and
therefore, the number of bedrooms in each Unit is irrelevant;
neither do the regulations speak to how many accesses or
entrances there may be to each bedroom constituting the Unit or
for that matter how many entrances there may be into the Unit.
Based upon this understanding, the architect discussed this
matter with the LPO and presented him proposed drawings of the
motel complex in advance of the application being submitted.
The LPO was also of the opinion that was a correct
interpretation of the regulations governing the issuance of a
minor permit.
Since it has come to the attention of the Applicant
and to the LPO that the Wilmington Regional Office interprets
the regulations differently, the Applicant and I, as the
Applicant's Attorney, have discussed this matter with Mr.
Roberson, the LPO, and he continues to hold the opinion that:
(a) he followed the proper procedure in handling this
application, and (b) his interpretation of the rules as applies
to this project are accurate.
The Applicant, their professional design consultants
and the LPO have all acted with the knowledge of the
regulations openly, above board and in good faith.
Based upon the Permit and in good faith, the
Applicant proceeded with construction and is in an extremely
vulnerable position, all in reliance on the Permit.
POSITION OF THE PERMITTEE
Whatever the merits of the disagreement between the
Regional Office and the LPO regarding what constitutes a Unit
under the regulations should not be used as a spring board to
punish the Permit Holder. The Permit, by its terms, can be

appealed at any time within 20 days of the issuing date. The
20 days has expired. Permit Holders must be able to rely upon
the permits issued by the LPO or any other agent or employee of
CAMA; otherwise, the business risk to developers is
unacceptable. We are not dealing here with a set of facts in
which the Permittee has been devious, under handed or in some
way attempted to conceal the facts. Quite to the contrary,
this Permit Holder was cautious to be certain that the Minor
Development Permit requirements were met and agreed with by the
LPO. Neither are we dealing with a circumstance in which the
LPO does not have a history of a good tract record as the LPO.
CONCLUSION
If, after review, it is the opinion of the State
Administrative Staff, that the interpretation by the LPO as
applied to these facts are incorrect and that the correct
interpretation has been made by Staff at the Wilmington
Regional Office, then we suggest the proper procedure is to
properly inform the LPOs of this interpretation to protect
against future permits being issued under these circumstances.
It certainly is not acceptable to penalize the Permittee who
has in good faith relied upon the Permit and who would be
seriously damaged by any other course of action.
In this regard, it seems important to note that this
issue has nothing to do with conditions to be protected under
the minor permitting regulations. The buildings each exceed
the 60 foot set back requirement and each contain less than the
permitted square feet.
The four Unit rule does not preclude the number of
bedrooms that are contained in the buildings, the number of
people that can be accomodated or any other safety or
environmental factor. The issue solely rests upon and revolves
around the definition of a Unit.
Although the Permittee does not believe that a Soil
and Sedimentation Erosion Control Plan is necessary, if it is
felt that because a construction trailer and building materials
have temporarily been stored on adjacent land owned by the
Permittee, the Permittee will certainly file a plan with the
appropriate agency.
Finally, we request that no action be taken
regarding this permit and that any action taken by Staff be
designed to clarify the controversy regarding what constitutes
a Unit under the regulations for a Minor Permit.

Exhibit A
���ENERAL INFORMATION
SI
1. LANDOWNER
I
Mir Name
Per
Address
PH*
PH
DE
NC
SIT[
SIT;
DAT
City ©(rea^)Z&le Ac,-1- /statelip Zip a 0 T'S/ Phone 507YI Co'Z/�
2. AUTHORIZED AGENT
Name
Address
Citt
State
3. LOCATION/DESCRIPTION OF PROJECT /L05-:)
Zip Phone
E f Pc�c f� /t,1 (0• a /wo ll
4. AREAS OF ENVIRONMENTAL CONCERN (AEC) CLASSIFICATION
(To be. illed in by Local Permit Officer prior to completing application.)
Ocean Hazard Estuarine Shoreline Other —
5. PROPOSED USE
v Re>idential Commerical/Industrial
6. SIZE OF BUILDING IN SQUARE FEET:
7. SIZE OF SITE IN SQUARE FEET:
This application includes: general information (this
form), a site drawing as described on the back of this
application, the ownership statement, the AEC hazard
notice where necessary, a check for $25.00 made payable
to the locality, and any information as may be pro-
vided orally by the applicant. The details of the applica-
tion as described by these sources are incorporated
without reference in any permit which may be issued.
Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without
a CAMA permit is subject to civil, criminal and admini-
strative action.
OTHER PERMITS MAYBE REQUIRED...
R
The activity which you arc planning may require permits
other than the CAMA minor permit you are applying for
here. As a service we have compiled a listing of the kinds
of permits which might be required. We suggest that you
check over this list with your Local Permit Officer to
determine which, if any, of these may apply to your
project. this is not a requirement of CALIA, only a sugges-
tion -to hell you complete your project a, quickly as
possible.
1 nee! Ilv
Other
r
r
i
ThisL_Lhe ?r: day ofz2
1
pplicant's signature (o authorized age
Indicate below address and phone if not shown above.
Zoning, Drinking Water Well, Septic Tank (or other sanitary
waste treatment system), Burning, Electrical, Plumbing.
Heating and Air Conditioning, Insulation and Energy
Conservation, FIA Certification. Sand Dune, Sediment
Control, Subdivision Approval, Mobile Home Park
Approval, Highway Cunncction, Others:
Pt Pk1IT Nt Ih'?IR ✓ / —OU OO,

I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in
an area of environmental concern or a person authorized to act as an agent for purposes of applying for a CAMA
mindr development permit, certify that the person listed as landowner on this application has a significant interest
in the real property described therein. This interest can be described as follows: (check one)
an owner of record title, Title issested in
sec Deed Book ,Page
in the
County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
; probate was in
County.
lzif other interest, such as written contract or lease, explain below or use a separate sheet
attache to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS
I furthermore certify
I ha%c gken ACTUAL
a CAMA permit.
ll) /o Jet
12)
(3)
that the following persons are owners of properties adjoining this property. I affirm that
NOTICE to each of them concerning my intent to develop this property and to apply for
(Name)
(J; //i
(Address)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE SHORELINE EROSION AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may
be susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the
particular hazard problems associated with this lot. This explanation was accompanied by recommendations
concerning stabilization and flood -proofing techniques.
PERMISSION TO ENTER ON LAND
I furthermore certify that I am authorized to grant and do in fact grant permission to. the local permit officer
and his agents to enter on the aforementioned lands in connection with evaluating information related to this
permit application. ti
This the /Cay of 19'
/ Land owner or person au torized to act as his agent
for purposes of filing a CAMA application.

AEC HAZARD NOTICE
YOUR PROJECT IS IN AN:
,
OCEAN ERODIBLE AREA
v HIGH HAZARD FLOOD AREA
This notice is intended to make you, the appli-
cant, aware of the special risks and conditions
associated with development in this area, which is
subject to natural hazards such as storms, erosion
or currents. The rules of the Coastal Resources
Commission require that you receive an AEC
hazard notice and acknowledge that notice in
writing before any permit for development in this
area can be issued.
The Commission's rules on building standards,
oceanfront setbacks and dune alteration are
designed to minimize, but not totally eliminate,
property losses from the 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.
The best available information, as accepted by
the Coastal Resources Commission, indicates that
the annual ocean erosion rate for the area where
your property is locate is feet per year.
your ff
Date
— INLET HAZARD AREA
This figure was established by careful analysis of
aerial photographs of the coastline taken over the
past 30 to 40 years.
Studies also indicate that the shoreline could
move as much asa2 6 feet landward in a major
storm.
The flood waters in a I storm are predic-
ted to be about Me fee - in this area.
Preferred oceanfront protection measures are
beach nourishment projects and relocation of
threatened structures. Hard erosion protection
structures such as wooden bulkheads, seawalls,
rock and rubble revetments, wooden, metal,
concrete or rock jetties, groins and breakwaters,
concrete -filled sandbags and tire structures are
prohibited. Sandbag bulkheads or groins, beach
nourishment, beach bulldozing, and low intensity
off -shore passive sandtrapping devices may be
p iss ble under certain,;onditions.
Apblicam's Signature
The applicant must acknowledge receipt of this information by signing this nduce in the space above. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required for development in areas subject to sudden and massive storms and
erosion. Permits issued 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 will determine the vegetation line and
setback distance at that particular site. If the property has seen little change and the proposed development can still
meet the setback requirement the LPO will inform you that you may begin development. It is important that you
check with the LPO before the permit expires for official approval to continue work after your permit expires. Gener-.
ally, if foundation pilings have been placed and substantial progress is continuing, permit renewal may not be necessary.
If substantial progress has not been made the permit must be renewed and a new setback may be applied. IT IS
UNLAWFUL TO CONTINUE WORK AFTER PERMIT EXPIRATION WITHOUT THIS APPROVAL.
FOR MORE INFORMATION, CONTACT:
LOCAL PERMIT OFFICER: p P^RFRSON
ADDRESS: 3 W. 3rd St.
LOCALITY:
PHONE:

January 17, 1989
i
I
Tere Barrett
N. C. Department of Natural Resources
and Community Development
7225 Wrightsville Ave.
Wilmington, N. C. 28403
Dear Ms. Barrett:
With reference to the Town of Ocean Isle Beach Local CAMA Permit
Number 89-0001, I am sending you an amended copy to page A-2 -
of the accompanying drawings to that application showing changes
that have been made to the storage area on the ground of Building
C. The bathrooms and office area downstairs have been omitted
since this is in violation of the Town of Ocean Isle Beach Flood
Ordinance.
i
Please add this to that application file. Thank you.
Sincerely,
T. D. Roberson
j LPO
TDR/pc
- TOWN OF OCEAN ISLE BEACH / THREE WEST THIRD STREET / OCEAN ISLE BEACH NC 26459 / (919) 579 216r.

Town of Ocean Isle Beach
Lo�{.G7Rrnment
Exhibit C CS)
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Natural Resources
and Community Development and the Coastal Resources Commission for develop-
ment in an area of environmental concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management."
89-0001
Permit Number
Issued to Sloane Realty 6 Rae Cox
authorizing development in Ocean Te:1 a Raarh , Nr. , at Lots IS .19.2041 , Block R
S P r t i on C as requested in the permittee's application dated _'January 4, 1 9R9 f .
This permit, issued on January 30, 1989 , 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 permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
See Attached Conditions
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. From the date of an appeal, any work conducted under this
Permit must cease until the appeal is resolved.
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 modifications not covered
under this permit require further written permit approval.
All work must cease when this permit expires on
7sPLi bgs 31 ,_19 9 U
In issuing this permit it is agreed that this project is consis-
tent 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.
Local Permit Officer (signature'
T. D. Roberson
name
3 West Third St
address
Oroan Tale Raarh, We 711459
Permitlee (signature required if special conditions above apply to permit

OCEAN HAZARD AEC PERMIT REQUIREMENTS - 15NCAC 7H .0300
A.� Residential Development (house, condominium).
1. The structure must set back 60 feet from the first line of
stable natural vegetation.
2. The structure must be located entirely off of the frontal
dune, and if a primary dune is present, behind the crest
of the primary dune.
3. The Structure must be elevated on pilings with a diameter of
at least 8 inches and the first floor level of the sills and
joists must meet the minimal 100 year flood level elevation
of 16 feet.
9. If the structure is located closer than 60 times the annual
erosion rate from the most seaward line of stable natural
vegetation, all pilings shall have a tip penetration of at
least five feet below mean sea level or sixteen feet below
average original grade, whichever is least; if located on a
primary dune, the tip penetration must be at least 5 feet
below mean sea level.
5. No impermeable surfaces shall be allowed over any functional
part of the septic tank system.
6. 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 areas will be immediately
stabilized.
7. This permit play be renewed for one year if requested before
the expiration date. ,
8. The permittee is required to contact the Local Permit Officer
shortly before he plans to begin construction to arrange a
setback measurement which will be effective for 60 days of
the determination or the measurement is void and must be
redone.
9. Sand used to strengthen dunes must be brought in from an out-
side source and must be of the same nature as the sand in the
area in which it is to be placed. No sand is to be removed
from the lot.
10. Sand held in storage in any dune other than frontal or primary
dunes may be moved laterally in order to strengthen existing
primary or frontal dunes if the work would enhance the pro-
tection to the proposed development activity and the sand is
immediately stabilized.
11. All development must be consistent with all applicable
federal, state and local standards.

APR-03-1991 13:16 FROM EHNR WILM REG OFFICE TO 919197332622 P.03
•
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5. Enter fees for the services requested in the appropriate spaces on the from of this receipt. if
E
return receipt is requested, check the applicable blocks in Hem 1 of Form 3811.
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ceipt
6. Save this reand present K if you make inquiry. *U.S.G.P.O. 1990-2T6153
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P 846 862 353
Certified Mail Receipt
No Insurance Coverage Provided
Do not use for International Mail
,M (See Reverse)
am to
MR MASON H
ANDERSON
Street & No.
P 0 BOX 345
P.O., State a ZIP Coda
SHALLOTTE NC 28459
Postage
Canihed Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showing of Whom,
Date, a Morass of Delivery
TOTAL Postage
& Fees
Postmark or Date