HomeMy WebLinkAboutBC_17-03_OryszakBrunswick County
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
BC17.03
Permit Number
1�
Coasui;Management
E tA4QCN4r VTOL CV..LITV
as authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environmental
concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management"
Issued to Clifford and Debra Orvszak, authorizing development in the Estuarine Shore Area of Environmental Concern
(AEC) at 3576 Van Buren Street SW in Supply NC 26462, as requested in the permittee's application package, dated
01-Feb-17 and received complete 01-Feb-17. This permit, issued on 14Feb-17, 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.
This permit authorizes: _Single Family Residence, Pool with decking, and 5' wide walkway.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on 01-Feb-17.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal
regulations, applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-
evaluation and modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at (910) 253-2034 for a final
inspection at completion of work.
(Additional Permit Conditions on Page 2)
This peril must be on the project site and accessible to the permit officer when
the project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
December 31, 2020
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
CUJ�
C nnie Marlowe
CAMA Local PEr6if-05}ficial
Iquired if conditions above apply to permit)
R E C iVECJ
DCM WILMINGTON, NC
FEB 2 2 2017
Name: Clifford and Debra Oryszak
Minor Permit # BC17.03
Date:14-Feb-17
Page 2
(5) The amount of impervious surface shall not exceed 30% of the lot area within 75 feet of Normal High Water
(Estuarine Shoreline Area of Environmental Concern), in this case 834 square feet is authorized.
(6) Unless specifically allowed in 15A NCAC 07H-0209(d)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of Normal High Water. No portion of the
roof overhang shall encroach into the 30 foot buffer.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been properly stabilized with a vegetative cover.
(8) Any proposed for grading within the 30' buffer from the Normal High Water level must be contoured to prevent
additional stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must
remain in a vegetated state.
(9) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.
SIGNATURE:
DATE: .2 2oI%
REC:-IVED
DCM WILMINGTON, NC
FEB 2 2 2017
Locality 'J r w S w t C L `-� �� Permit NumberFC- _ U
Ocean Hazard Estuarine Shoreline ✓ ORW Shoreline Public Trust Shoreline Other
(For official use only) Tom' rGe) a 3 d OObfo aq
LAND OWNER /� p /� �/ I/
Name CLl`l OAV d([)C,9 4 C)I: 52X
Address 3 57�6 ► 41V 90/(EA/ !Z r �j q
City SO / C i State N6 Zip ,;?h'hV Phone
Email �0teY..S2AK US- ISM, G0M 0< 0RYSaKWCA--6Q 1L. 60V
AUTHORIZED AGENT
Name
Address
City
Email
State
Zip Phone
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.) 6(A_1V_PC&1_ )Q)VC2 &Wf GCTIV S
DESCRIPTION OF PROJECT. (List all proposed construction and land disturbance.) .&ose $ ���Qt�CLry �{Ltllbr
Lt/ �:'c' L�FrCK Lc/q
SIZE OF LOT/PARCEL: 23. �S1S square feet � acres
PROPOSED USE: Residential (Single-family g Multi -family ❑ ) Commercial/Industrial n Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to your property):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -toad -bearing attic space)
(2) COASTAL SHORELINE&ECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES�q +?(includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonryp etc. at are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality?
YES NO If yes, list the total built upon area/impervious surface allowed for your lot or parcel:. 76ij t JsgWEfeet.
DCM WILMINGT0tA±&--
FEB 0 2 2017FEB 012017
OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA 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: (check one)
�RySt,�K
_X—an owner or record title, Title is vested in see Deed Book
page in the h 1),I�41N ; Ck County Registry of Deeds. y
_an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
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 develop this property and to apply for a CAMA permit.
(1)
(2)
(3)
(4)
(Name P 'Address)
.. : ' .. ..�. �s - . c.
•
ACKNOWLEDGEMENTS:
I, the undersigned, 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 particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
This the 1ST day B�l4* NC
FFR o 2 2017
agent for purpose of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean Hazard AEC Notice where necessary, a check for $100.00 made payable to the locality, and
any information as may be provided orally by the applicant. The details of the application 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 permit is subject to civil, criminal and adnRME{IVC-6tion.
FEB 01 2017
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DEED BOOK 6244 PAGE 293
TAX PARCEL 2300006203
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RECEIVED
FEB 011017
n�A RECEIVED
Is* TROABwAY VAV OV� C�M7W—ILMINGTON, NC
FEB 0 2 [Oi7
Date
Adjac nj Property wner nF
Mailingt���vy�� S� 29s-63
City, State, Zip Code
Dear Adjacent Property:
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This letter is to inform you that I, %�/F/ ��� �/� y/k- have applied for a CAMA Minor
n Property Owner
Permit on my property at S/ 6 11/%N eutov ` -r in
COUNTY Property Address
Brunswick County. As required by CAMA regulations, I have enclosed a copy of my permit application and
Uri 77775555
Posa k
AnH re
project drawing(s) as notification of my proposed project. No action is required from you or you may sign and
return the enclosed no objection form. Ifyou have
/any questions or comments about my proposed project,
please contact me at qllonq— ! o ` 9i7 ! , or by mail at the address listed below. Ifyou wish to
Applicant's Telephone
file written comments or objections with the Brunswick County CAMA Minor Permit Program, you may submit
them to
1 f HEgctyc w,� �(—
Mailing Address
SvlpLy 2
City, State, Zip Code
Connie Marlowe
County Planning Department
PO Box 249
Bolivia NC 28422
01
O!/30/2D17
RECEIVED
DCM WILMINGTON, NC
FEB 0 2 2017
CERTIFIED
MAIL"
RECEIPT
Domestic
Mail Only
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For delivery
information.
visit our meb=_ile
at 1.1111nsos.con
.
CeNrod Mall Fee #3. 35 0537
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p� rQ�� � Postage $U.711
M/CWOR 7A, /51, 393 '&9 ru Total Postage and F .$fl (11/30/2017
City, State, Zip Code ° $ r
Dear Adjacent Property:
This letter is to inform you that I, CUy9rO/Q-0 i)R/f3�z have applied for a CAMA Minor
Property Owner
Permit on my property at 3 `s/ b V1W 9VK6✓ ST in
COUNTY Property Address
Brunswick County. As required by CAMA regulations, I have enclosed a copy of my permit application and
project drawing(s) as notification of my proposed project. No action is required from you or you may sign and
return the enclosed no objection form. If you have any questions or comments about my proposed project,
please contact me at q% %- y/0 - 91'" , or by mail at the address listed below. Ifyou wish to
Applicant's Telephone
file written comments orobjections with the Brunswick County CAMA Minor Permit Program, you may submit
rli 1i .
Connie Marlowe
Brunswick County Planning Department
PO Box 249
a NC 28422
am
Mailing Address
Y /Vr: 2 8y(o Z
City, State, Zip Code
RECEIVED
DCM WILMINGTON, NC
FEB 0 2 2017
W
�IIIIIIIjek C IINIII�I I Rl ista Bru,uarcF Conty, NC Raalstor of Deals' payer 1 of 3
0—a M. cl. Ra9latar of Oa.ea
10-25-2613 16:69:29.600 8,w .I.k County, NC
N REV94UE STW: $390.00 (a370248)
PreseCR
Ret
jolalkSk CashS
Re&td Cash"a_FinaM
Prepared by. ❑Po0nA3d000Jnflla9 ae9T.aoa lomn4YDq ,-. -q.:
Stubbs &Perdue, PA al&®ak xt
310 Craven Sneer 0 DXUalMmmamteasv ftby2*W
New Bem, NC 28W °afia'9iACretcaxc+wnP°Eusdnc4Jed'
Parcel No.
Revenue Stamps $390.00
(Theproperly herein cnnvayrd _indmdes or doer not includerhepriay idear or Grantor)
NORTH CAROLINA 13 —19 3c)
BRUNSWICK COUNTY GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED, dated the,,�ay of October, 2013, is made by
and between Martha D. Lee (unmarried), (herein called the "Grantor") whose address is 6934
Beach Drive, Ocean Isle Beach, NC 28469; and Clifford Orysmk and wife, Debra L. Orys2ak,
(herein called the "Grantee") whose address is I?n ST&Ann bn0t NM054 iI1C�25V)
The terms "Grantor" and "Grantee" as used herein shall mean and include the parties
indicated, whether one or more, and their heirs, legal representatives, successors and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by the coramt.
WITNESSETH:
That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey onto Grantee m fee
simple, the following described real property; to writ
RECEIVED
DCM WILMINGTON, NC
FEB 0 2 207
(Illlil 8rwaurcie k nasty, IIIIIIIII I, HIM ste ?� .
NC Reatt�r of n.w wa. Z of a
All those certain lots or parcels of land situated in Lockwood Folly Township,
Brunswick County, North Carolina, and more particularly described as follows:
BEING all of Lot Three (3) as shown on that map of survey entitled survey of
"Property of Jesse Simmons" made May 29, 1980 by Thomas W. Morgan, RLS, a
map of which is recorded in Map Cabinet L at Page 197 of the Brunswick County
Registry.
The foregoing conveyance is made subject to those certain restrictive covenants
recorded in Book 628, Page 290, Brunswick County Registry.
The property hereinabove described is subject to ad valorem taxes jar the current year (prorated
through the date of closing); utility easements and unviolated restrictive covenants that do not
materially affect the value of the Property.
This instrument prepared by Witham K Kro11, a Licensed North Carolina aaorney. Delinquent
trues, if m0; to be paid by the closingatiomey to the county tac collector upon disbursement of
closingproceeds."
TO HAVE AND TO HOLD the aforesaid real property and all privileges and appurtenances
theretmm belonging to Grantee in fee simple.
And Grantor covenants with Grantee that Grantor is seized ofthe premises in fee and bas the
right to convey the same in fee simple, that the title is free and clear of all liens and encumbrances
except as herein otherwise described, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever.
RECEIVED
DCM WILMINGTON, NC
FEB 0 2 2017
DATE REC: 07NI3/20t1
BRUNSWICK COUNTY HEALTH 8293EA
/'- ZONING., 20140021342
FILE NO , t9920282d3A
ORYSZAK CLIFFORD ETUX DEBRA L
I
$0.00 230MG204
AMr.. P TAKPARM
136 STATION DRIVE
MORRISVILLE NC 27660 91923M49
AODWSS
cm STATE 2P COOE now
ORYSZAK CLIFFORD ETUX DEBRA L
3
CINWOff PROPERTY OWNER
LOT BLOCK SECT"
PROPERTY LOCATED TOW WC1TY/AREA: CO SUBDIVISION.- RIVER BLUFF ESTATES
DIRECTIONS: 3676 VAN BUREN ST SW 28462 -17S TO MT PISGAH TO OXPEN TO BOONESNECK INTO OYSTER HA9BOR, -
OYSTER HARBOR PARKWAY TO EAGLE CREST TO HEALING WATER TO CRYSTAL WATER TO VAN BU REN {
RIVER BLUFF CODE TO GATE IS 3230)
AUTHORIZATION FOR WASTEWATER CONSTRUCTION PER➢AIT
NEW: ,/ REVMM: RELOCATION: REPAIR: NOTES
FMs4n Flow: gPd Sep6e Terde Sits: I. Septic Tart shelf haem eppr
4 19 Z7o ed
— - p 9d TSPg appcwg&ram aaessarviroc as
No. Bedroom.: No. oompentslemployees p Max z A� M r ear au Jelweo dd n ar
TWOMed Bottom P O % sepdc tank ordsysl b o ft 9,e
peplr: �--'Lwner. J. Ad <empmmnisa Mefa6c aY+bma
aMB De IOcaled 700 6etidn v2tl.
No. Lfies. Lenpth EadL Bed Dine+fsions: S t....�y 4.An'Aameptersymmmaybouladin
p6am a a'mmreakr.r syatem.
Fill Check: .%-/" a Appraed/: N .
or. PERMT ISSUE DATE, LO ti7L A7/=ft EBrypiratiwi Date
Augmad Agen/e-/ —S
1% ReStsYrion:.
NOTE PERMIT IS SIJBJEC TOR TM.. p NS OR THE INT O CHANGES. —�O r -� �' ce Ge.
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Waste Wow System hWalte : pa.
Comments: (lark Into) banter apprwedy
Rode Pdyslyrere Aggregate Chamber. Oder.
OPERATION PERMIT' DSW
AUMiud Apmt Siv"n
Actions Of local haeth departmoM,spresen6dws or to State engaged in dw ahaluddon and dstmanndcn a m m required to draetoo ntati leteirea,
SPWloade laws end ndes pull in m way W taken as a w&m* dat W"pe beBemad and dispostl
mariner for any gW'm Period a Ems. TNs IssUlopoe Of Us Permit does not preclude de Permidee cornpiolinp with am adder B�=Wm Eg�D�.��en
mdthanwe WeArA may be imposed by other gowrnmad agerdts ( local state. and Wera0 Q*:h Wow jrWsaellon. 7CM W ILM I NCi?G{:CI{/�o
FEB 0 2FU 01 7017
1
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
GENERAL INFORMATION
1. Stormwater Management Permit Number SW—L 031191ve
2. Project Name: L U %- 3 d X/ s
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
cLtFFCRJ eAYrz9k - r��er�� vT Y04
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
611620594 01,ys2AK
5. Mailing Address for person listed in item 2 above:
S —A %/ON Ox(l UG
City: MWDS (1/�LGG-'r
/
Phone: ( 2 ) 1 '/ n�'/ - gib `7s--
Email: CORySZAK(Ab (/Sl /15M 4911V
II. PLAN REVISION INFORMATION
State: /VG Zip:
Fax: ( )
1. Summarize the plan revision proposed (attach additional pages if needed):
7-9Rn11yi 2soo sa rr o,or 19eA GRor� PyGir/.s poi %ram
DleYsz9K Lo7 _3 %7iT I- Lgyl? Ohm LaT-3 �7l y rr T
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastal counties):
• Application fee of S500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
J, (print or type name of person listed
certify that I have authorized
application is, tong
i
)tem 3) 61 /1--ICO V a,<YSZ9 C
iat the information include-i,mQis �Jision
complete. DCM WILMINGTO , N
Plan Revision Form
Rev. Oct. 31, 2013
r:
WFEO RiverlBluff,SWI
Eewi_s;Linda; to:
History; This mesa]
Mr. Oryszak:
09/02/201505:11 PM
I'm reviewing the plan revision for "trading" BUA between your Lot #3 and Lots #15116 and I have a few
questions and concerns:
1. Have you had yourattorney review the document? As [ said when 1 sent;it to you,the'
language inthat form was adapted from a, legal document that was prepared by an attorney,.
but you should have your attorney, review it to make sure.This is an important documentand
you don't want to get itwrong because the.'form" language isn't right:;
2: It is customary to date and notarize documents of this nature. To simplify the, form; we left
it off, thinkingthat it.was obvious, but] see that our agency needs to make. reference on that
form to the need for dates and notary. Please also make sure the document conforms to the
Brunswick County Register of Deeds recording standards.
3. Have Cots 15 and 16 actualiybeen recombined back into one lot? If each lot remains
recorded individually, and is capable of being conveyed and built individually, then you will need
to amend paragraph 5 to specify how much BUA is being donated from each lot and what the
new BUA limit is for each of the donor lots, Le., Politis Lot 15 is now limited to __ sf of BUA
and: Politis Lot 16 is now limited'to sf of BUA.
4. If the donor lots have not been recombined, you will also need to amend paragraph 5 to
stipulate that there.are two donorlots, 415 and'#16, and that each donor lot has. been allocated
a maximum of 5142 sf under the existing covenants and as permitted under stormwater permit
#SW8:031212.
5-. Ifthe donor lots have•been: recombinedinto onelot, and.are Undeveloped; then youwill
need.to correct the language in paragraph 5 to say that"iNhereas, POLITIS:lot is currently
allocated a maximum of10,264 sC-" instead of "currently contains", and you will need to
reference the deed book and page number of the documentthat records the lot recombination,
(notthe warranty deed which only records the sale). In addition, the recombined ]otis probably
calledLot 15R:or Lot 16R on that recorded document. Please check into that.
-6. Apparently when you edited the form, it closed up the spacingand allowed some of the
instructions.on the second page to be brought up onto the bottom of the first page. I don't
think you will want those instructions to be on the final recorded document l suggest you clean
it up when you are making the above -needed changes.
7. According to the covenants and restrictions, you will need a "majority vote" of the
property owners to amend the deed restrictions to change the maximum BUA limits for Lots 3,
15 and 16. After the plan revision is approved, you will need to convene the lot owners and
take a vote. If the amendment is approved, then the HOA should'sign off on the form where
required and then you may record it and send me a copy.
This is a requestfor additional information. Please provide the requested information byOctober2',
2615. Please let me know if you have any questions.
Linda Lewis, E.I.
Environmental Engineer III
Division. of Energy,: Mineral and Land Resources
Wilmington Regional Oifce ', . "
127 Cardinal Drive Exi.-'
Wilmington, NO 2840q
Main Office -910 7981215
Direct Line —910-796-7343'
S,
W EREAS, Little Shallotte River LLC; John F. Parker, Jr. and wife; Linda M. Parker;
and, Michael.L. Hobbs and wife, Robin;P. Hobbs (hereinafter referred to as "Grantor" or
`Developer"), is the developer of certain lands located in Brunswick County, North Carolina
identified on maps recorded in Map Cabinet L, Page 46, Map 'Cabinet 24, Page 504, and Map
Cabinet 1., Page 197 of the Brunswick County Register ofDeeds, called River Bluff Estates
Subdivision; and previously established. a Declaration of Covenant's, Restrictions and Conditions
for River Bluff Estates Subdivision -to apply thereto. The.Declaration of Covenants, Restrictions
and Conditions for River BluffEstates Subdivision was originally recorded in Deed Book 1861
at Page i 020 of the Brunswick County Registry on November 21, 2003 and Amendment
recorded in Deed Book 1941 atPage.716 on May it, 2004, and Amendment;recorded in.Deed
Book 2235 at page 1206 on September 12, 2005, and Amendmentrecorded in Deed Book2496.
at Page 332 on Qctober 26, 2006 (hereinafter referred to as "Restrictions") -
WHEREAS,, BluffHomeowners' Association, Inc. (hereinafter referred to as
"Association") was incorporated on March 1 % 2004, by the filing of articles of incorporation,
with the North Carolina. Secretary of Slate's Office. The Association hoidstitleto the common
areas within the subdivision and has been conveyed. all the rights, duties and obligationsof
Declarant.
WHEREAS, the Association desires to provide forte preservation of tha values and
amenities and the desirability and attractiveness of the real' property in the River Bluff Estates
Subdivision', and, for the eoidinuedmaintenance and operation of the private streets in.the
community and such recreational facilities and common areas as may be provided; and
WHEREAS, the Association has deemed it desirable for the efficient preservation •of -the
values and the maintenance and operation: of the recreational, facilities and common areas that
certain covenants, conditions, easements, assessments, liens and restrictions governing the use
and occupancy of the RiverliluffEstates Subdivision be established and declared to be
covenants running with the land and that an agency be created to which will be delegated the -
powers and duties of maintaining the recreational facilitiesand common areas; enforcing the
covenants and restrictions, and collecting and disbursing assessments'be created; and
WHEREAS; at the February 20 2016 Special Meeting of thetotowners, anamendment
to" the -Restrictions wasproposed in the notice of meeting and agenda mailed_to all the:lot
owners. TheAmendmentto the Restrictions wits ratified atthe February 20,2016 Special
Meeting of lotowners.
WHEREAS, Article V; Section 3 provides the power and authority to amend the
Restrictions,_ and specifically provides "So long as Grantor should own any lot Grantor reserves
therightto make additions or amendments to these covenants, restrictions and conditions
provided: the general integrity of said covenants is not violated. In addition these restrictions
may amended from time io time to either aiter,,rescind, modify or add to the provisions .
herein contained, onto add additional provisions by majority vote of the property owners at a.
,duly constituted meeting of the Association called for the purpose of making any said
amendments or changes....'
WHEREAS; the Association -held' a meeting on February 20 2016, wherein, written
notice of the Special Meeting was provided to all members that change -was proposed by the
Board of Directors of the Association to the following Articles and Sections of the Restrictions;
Article VI. The proposed amendment passed by the required vote at the February 20 2010,
Special Meeeting of lot owners based on the following vote count€ Article VI had a vote of
in favor of the motion and none opposed to the motion. Further, the resolution of the.
Board ofDirectors from the meeting provided the President of the Association: with the authority
to sign the amendments to the Restrictions and have the same recorded. It was also resolved
further, that the remaining Restrictions wouldremain as stated;
THEREFORE, Article VI, of the Restrictions has been amended based on the
amendmentproposed and voted upon during February 20, 2016 Special Meeting. This
document constitutes the -Fourth Amendment of the Restrictions as a result of the Special
Meeting of members meeting held on:February 20, 2016, and`convened as stated' herein, with all
approved amendments and provisions that remain unchanged; and
THEREFORE, in consideration of the premises, the. Declarant declared that all of the
numbered lots shown on the above referenced plat, those lots -that were subjected thereafter, or
may hereafter be made subject -to theRestrictions are and shall be held, transferred, sold,
conveyed, occupied, and used'subjeefto the Restrictions and.matters hereinafter set forth, said
Restrictions and matters to be construed as covenants running with.thelandwhich shall; be
bindingon all parties having, or acquiring any right, title or interest in the described property, or
any part thereof, and which shall inure to the benefit of each owner thereof, for and during the
time hereinafter specified. Every party hereafteracquiring any lot, orpoition thereof; in the
above described,properties, by acceptance:of a deed conveying title thereto or by execution of a
contract for the purchase thereof whether from the Declarant or a subsequent owner Of such lot,
shall accept such, deed -or contract subject to each and all oftle covenants, restrictions,.and
agreements contained with these Restrictions,, as well as.any additions; • or amendments thereto,
and also subject to the jurisdiction,xights and powers,of the Declarant, the Association, and their
successors and/or assigns., Each grantee of any lot subject to these Restrictions, by accepting the
deed or contract thereto, shall for himself; his heirs, personal representatives, successors and
assigns, covenant, consent and agree to and with the Declarant, the Association, andwith
grantees and subsequent owners of each of the lots within the Subdivision to keep, observe;
comply with and perform said Restrictions and agreements; and
NOW THEREFORE, the Association deems it necessary and convenient for its lot
owners and/or members enter into this Amendment as set out below. Once this document is:
recorded in the Brunswick County Registry, reference to it in, deeds of conveyance, shall be:
effective in, the same manner as if the deed book and pagenumber containing the original
Declaration and any amendments were individually referenced therein.
IT IS HEREBYRESOLVED THAT THE FOLLOWING CONSTITUTES THE
FOURTH AMENDMENT OF THE RESTRICTIONS OF THE.RIVER BLUFF
HOMEOWNERS' ASSOCIATION,_ING
NOW; THEREFORE inconsiderationof the premises, the Association does. hereby
amend the Restrictive Covenants to amend. Article VI as appears in the first Amendment to the
Covenants, Restrictions and: Conditions for River Bluff Estates Subdivision recorded. in Book
1941,;Page 716, Brunswick County Registry, as follows:
ARTICLE VI,
STORMWATER REGULATIONS
The following covenants are intended to ensure ongoing compliance with State Storm
Water Management. Permit. Number SW8 031212, as issuedby the Division of Water Ouality
underNCAC2H.1000.
SECTION 1. The State of North Carolina is made a beneficiary of these covenants under this
article to the extent necessary to maintain compliance with the stormwater management permit.
SECTION 2. These covenants are to run with the land and be binding on, all persons and parties
claiming under them.
SECTION 3. The covenants under this article may not be altered or rescinded without express
written consent of the State of North .Carolina, Division of WaterQualty..
SECTION 4. Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality.
.r
SECTIONS. The allowable built upon areaper lot, in square feet, is as follows: This allotted
amount includes any built -upon area constructed within the lot property. boundaries;, and that
portion of the right-of-way between the _front Iot line and the edge of the .pavement. Built upon
area includes, but is not.limited to, structures, asphalt, concrete, gravel, brick; stone, slate, and
coquina, but does not include raised, open decking; or the water surface of:swimming pools.
Map Cabinet L. Page 46 Map Cabinet 24, Page 504
Lot 1 5142 sq. ft. Lot 3' 7642 sq. ft.
Lot2 5142 sq. ft..
Lot 5142sq.ft..
Lot 5142sq, ft.
Lot 8 5142 sq. ft.
Lot 9 5142 sq. ft.
Lot 10 5142 sq. ft.
Lot 12 5142 sq. ft.
Lot 15l16. 7784 sq. ft. (Deed of Combination recorded in Deed Book 3547 at Page 1036)
Map -Cabinet L. Page 197
Lot 7 5142 sq. fL
Lot 8 5142 sq. ft.
SECTION 6. Filling in or piping of any vegetative conveyances -(ditches, swales, etc.)
associated with the development except for average driveway crossings; is strictly prohibited by
any persons.
SECTION 7. Each lot will maintain a 30 foot wide vegetated buffer between all impervious
areas and surface water.
SECTION 8. All roof drains shall terminate at least thirty feet from the mean high water mark
of surface waters.
I�GjuyL.Y48-uriol,gisRt�ecc R o(f gDeed5s
�Aruson 7
1Pq Z
�
1
A YOTAL 1'e
""���9TL j�pg�6�7ACQ.RB.
THIS FIRST AMENDMENT TO THE PUBLIC DECLARATION OF
COVENANTS, RESTRICTIONS AND CONDITION, FOR RIVER BLUFF ESTATES
SUBDIVISION, made and entered into this the —1— day of May, 2004, by Little
Shallotte River LLC; John F,?arker, Jr. and wife, Linda M. Parker; Michael L. Hobbs
and wife, Robin P. Hobbs, lr, dr igt}er referred ;q mW;Qkt.4"
�QSao �>3e�,z��erae.
WHEREAS, Grantor executed a PublicMR&n of Covenants, Restrictions
and Conditions for River Bluff Subdivision, dated November 11, 2003, recorded in Book
1861 at Page 1012 Brunswick County Registry ("the Restrictive Covenants');
WHEREAS, under Aa;} le V of the Restrictive vrnants, Grantor reserved the
right to make additions or amenffJll.ns to ty��
WHERAS, Grantor erFtnrn Wi er Uffra ifi2iliblRestrictive Covenants to
include certain provisions p g to III��J'''0 torm Water Regulations;
NOW, THEREFORE, in consideration of the premises, grantor does hereby
amend the Restrictive Covenants to add a new Article VI in form and substance as
follows: (�
pL
ST ��,m S
The following covenants are intendaedfo"dhQelgngoing compliance with State
Stone Water Management Permit Number SW8 031212, as issued by the Division of
Water Quality under NCAC 21L 1000.
MO
RECEIVED
DCM WILMINGTON, NC
FEB 0 2 207
n� p t-
bo
a�tust 6 209326 Book 1941Page: 717
SECTION 1. The State of North Carolina is made
`a�beneficiary of these covenants under
this article to the extent necessary to maintain compliance with the stormwater
management permit.
SECTION 2. These covenants �a' fun tvt EltgialQ fi4L binding on all persons and
parties claiming under them. �o�
w9DR'36`f'.A�t
SECTION 3. The covenants under this Ar a altered or rescinded without
express written consent of the State of North Carolina, [vision of Water Quality.
SECTION 4. Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the Division of Water Quality.
SECTION 5. The allowable built tip =
I %441�69WE feet is as follows. This
allotted amount includes any k0} the lot property
boundaries, and that portion ��{{� 11 ttcan a ont lot line and the edge of
the pavement. Built upon area includes, but is noTli� � to, structures, asphalt,
concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
decking, or the water surface of swimming pools.
Man Cabinet L. Page 46 Map Cabinet 24. Pane 504
Lott 5142sq. ft. Lot 5142sq. ft.
Lott 5142sq. ft.
Lot 6 5142 sq. ft.
Lot 7 5142 sq. ft. n n ��aE alss r ma
Lot 8 5142 sq. R v ll p
Lot 9 5142 sq. ft.
Lot 10 5142 sq, ft.
Lot 12 5142 sq. ft.
Lot 16 5142 sq. ft.
Man Cabinet L. Page 197 57�
Lot 7 5142 sq. R
Lot 8 5142 sq. R
SECTION 6. Filling in or piping of any vegetative antes (ditches, swales, eta)
associated with the development except for average driveway crossings, is strictly
prohibited by any persons.
-A p
ISECTION 7. Each lot will main ta}i)�o SCt buffer between all
impervious areas and surfaca,IY$� uuO �I�r
IIJJ o 22rrrr
SECTION 8. All roof drains shall terminate at Igff'P* feet from the mean high water
mark of surface waters.
.,,OFFICIAL
U^'OO FF�CI L .
M
rt off, thinking "<r uocuments of ' •snr. "rand
g that it was obvious, but I see that our a this nature. To a
form to the need for dates and notary. Pleas ma envy needs to makesim�le ify the fora, e
Brunswick Countya also dar sure the document conf reference on that, eft
Register of Deeds recording stars
3. Have lots 15 end 16 actually been recombined back
orms to the
recorded individually, and is capable of being conveyed
into 0
to amend Paragraph 5 to specify how much gU Yed and on, IOt�lf each lot remain
s
new 8UA limit is for each of the donor lots, i.e. Prs being donated from each lot an yo hatrt l nee
and Politis Lot 16 is now limited to otitis Lot ct
4. If the donor lots have not been sf of BUA, 15 is now limited to d w the
recombined, � sf of g VA
stipulate that there are two donor lots, #15 and # 6o and ll also need to d
a maximum of 5142 sf under the existing covenants and as Permitted
amen ParagraPh 5 to
each donor lot has
#SW8 031212. Permitted under stor been allocated
S. If the donor lots have been recombined into one lot, mwater Permit
need to correct the language in paragraph S to sa
allocated a maximum of 1D,264 sf..." instead of" y that "Whereas, are undeveloped
)o . then
reference the deed book and page number of the docunte C t at sPO ndyOu currently
You writ
(not the warrant deed which only records the sale). ment that records the lottr�l need to
V y
called Lot 15R or Lot 16R on that recorded In addition, the eco
6.document. Pleas recombined I mbination,
in Apparently when you edited the form, it closed e check into t of is Probably
instructions on the second page to be brou uP the that.
ght up onto the spacing and allowed
think you will want those instructions to be on the final ree bottom of the first Pa some of the
he
it up when you are making the above -needed Chan Page. I don't
7. According to the covenants and restrictions, changes. ded document. I suggest
owners to amend the deed restrictions to change the y vote„ o f You clean
property need a ,Majority
15 and 16. After the plan revision is approved maxi the
take a vote. If the amendment is a You will need to convene m BUA limas for Lots 3,
required and then you may record itpande , thhen the HOA should the lot ow
send sign off on the form
and
me a copy, where
This is a request for additional information, uestion Please provide the requested information b
2015. Please let me know if you have an
Linda Lewis, E.I. V October 2,
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office - 910-796-7215
Direct Line - 910-796-7343
whereas Chris rv... B°oK rr
Corded in Ma Section Phase 2) is River u
Estates record 3 in
�is the owner of Lot
e # 0668 each of which is subject to the Declaration of
nryszak # 03468 and rsai95/1004 and 9/12/2005) in
I f3 k d Restrictions for recorded °e # 1206 of the Brunswick County
ovenants, Condition ea792 and peed Book 2235 Page
1eed Book 2000, Pag
Registry; and Conditions and Restrictions sets forth a
Declaration of Covenants, as required by Stormwater Management
Ount of built"upon area per tot,
Whereas, the re uirements of Title 15A NCAC 2N.1000,
maximum am issued pursuant to the q allows a maximum
031212, Management Regulations, and currently
permit No. Water feet;currently allows that Lot 15 is limited to a
the Coastal Storm 5142 square and Lot 16 is limited to a maximun of
area per lot of on area,
built upon of 5142 square feet of built up
Lot 3 is limited to a maximum of 5142 square feet of built -upon area; and
maximum
5142 and on area for said lot to enable the
K needs additional built-up
Whereas,. ORYS tial structure on said lot, and PO_ LLITIS has ample built -upon
LL
construction of a residen
s_ can
to ORYSZA
area leftover on
his/her lot o totb �d and has agreed tondo so.sufficient uilt-
upon area to allow ORY—�� square feet of built -upon area,
currently contains 10,284
Whereas, POD. Lot dated (date of as -built ap entrve�Iot owner) Lot needs
surveyverified by an as-built
the permitted maximum;
square less square feet of built -upon area in order to construct the desired
feet
structure.
ORYSZAK {for and in considerationOO(spu the
efeet f BUA being Donor
NOW therefore, transfers to ORYSp
pOLLITIS hereby on area from Lot # 15 & 16 to Lot # 3 for the sole
transferred square feet of built up
use and benefit of ORY
Signature of HOA (if required to amend the covenants)
When it becomes necessary for a lot that has overbuilt to procure
another lot(s), a "trade" of BUA from one lot or lots to another lot or lots in the same
subdivision, phase and section can be e built -upon area from
requirements -
co
permitted under the following conditions and
• A co of the as -built surve of the "donor" lot (or lots if
is involved) must be submitted to document the built-u more than one donor lot
lot. The total existing BUA must be less than the maximum allowed b
and there must be enough unused BU P area currently on the
donated to the "receipient" lot or lots. Ifthe donor lotcover the (s) is undeveloped,owey the permit
as -built survey of the donor lot(s) is not required. mount being
then an
• A completed and si ned "Tr, BUA" form. This form provides the necessary
template of language that the recipient lot owner's attorney will need n
order to get the document recorded and fulfill its intendedto was developed from a previously recorded document, but the attorney i language
in
change it as needed, however, the intent must be preserved. guage
y is free to
• Homeowner Association approval The HOA may have to approve
built -upon area and/or approve a change to the recorded cohasransfer of
procedures established in the Declaration of venantsCovenants and Restrictions for
voting on and approving amendments to the covenants. The individuals pwho hare
involved in the BUA swap are responsible for checking with the permittee
the HOA to see if they need to obtain approval to amend the covenants. A copy
of that approval document should be submitted with the BUA trade re and/or
• In order to have the changes reflected in the permit, please review quest.
the followin
scenarios and submit the appropriate application Package 9
N8 Q31212
to: Clifford Oryszak
Mr. Oryszok:
09/02/2015 05:11 PM
Km reviewing the plan.revision:for "trading" BUA between your Lot#3 and Lots #15/16 and I have arfew
questions and "concerns:
1. Have ynu had your attorneyreview the. document? As I said when I sent it to you, the
language in that form was adapted from a legal document prepared by. an attorney,
but you should have your attorney review it to make sure. This is an important document and
you don't want.to getitwrong because the'form" language isn't right.
2. It is customary to date and notarize documents of this nature. To simplify the fotm, we left
it off, thinkingthat it was obvious, but lsee that our agency needsto make reference on that
form to the need for datesand notary.. Please'.also make sure the document conforms to the
Brunswick County Register of Deeds recording standards,
3. Have Lots 15 and 16 actually been recombined back into one lot? If each lot remains
recorded individually, and is capable of being conveyed "and builtindiVidually, then you will.need
to amend paragraph 5 to specify how much BUA 19 being `d'onatedfrom each lotandwhat the
new BUA limitis for each ofthe'donor lots, Le:, Politis Lot is is now limited to sf of BUA
and Politis Lot 16 is now limited to sf of BUA.
4. If the donor lots have not been recombined, you will also need to amend paragraph 5 to
stipulate that there are two donor lots, #15 and #16, and that each donor lot has been allocated
a maximumbf 5142 sf under the existing covenants and as permitted under stormwater permit
#SW8 031212.
5. If the donor lots have been recombined into one lot, and are undeveloped, thenyou will
need to correct the language in paragraph 5'to.say that "Whereas, POLITIS loafs currently
allocated a maximum of 10,264 sf..." instead of "currently contains", and you will need to
reference the deed book and page number of the document that records'the lot recombination,
(not the warranty deed which only records the:sale). in addition, the recombined lot is; probably
called Lot 15R or Lot 16R on that recorded document. Please check into that.
6. Apparently when you edited the form, it closed up the spacing: and allowed some of the
instructions on the second page to be brought up onto the:bottom of the first page. 1 don't
thinkyou will. want those instructions to'be.on the final recorded document I suggest you clean
it up when you are making theabove-needed':changes.
7.. According to the: covenants and restrictions,.youwilll need a "majority vote" of the
property owners to amend the deed restrictions to change_the maximum BUA limits for Lots 3,
15 and 16. After the plan revision is approved, you will, need to convene the lot owners and
take.a vote. if the amendment is approved, then the HOAshould sign off on the form where
required andthen. you may record it and send me a copy.
This is a request foradditional information. Please provide the requested information by°October 2,
2015. Please let me know if you have any questions.
Linda.Lewis;, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Main Office —910-7967215
Direct Line — 910-796-7143
Stormwater Permit No, SWB _03,1212
This agreement and amendment to the recorded. Declaration of Covenants Conditions
and Restrictions for River Bluff Estates is made this the 5 day of June, 2015, by and
between Clifford 8 Debra L..Orvszak and Chris Pollids hereinafter referred to as
Oryszak and Pollitis
Whereas Chris PoIlitIs is the owner of Lotl&16Z in (Section Phase 2),of River Bluff
Estates recorded in May Book # 03547 and Paae ## 1015 and Clifford & Debra L.
Oryszak is the owner of Lot 3 in (Section Phase 2) of River Bluff Estates, recorded in
(Maio Book# .03468and Paae # 060W each of which is subject to the Declaration of
Covenants, Conditions and Restrictions for recorded on (812512004 and 911212005)' in
Deed Book2000, Page 792 and Deed Book.2235 Page # 1206 of the Brunswick County
Registry; and
Whereas, the Declaration of Covenants, Conditions and Restrictionssets forth a
maximum omount;of built -upon area:per lot, as required by Stormwater Management
Permit No.031212, issued pursuant to the requirements of Title 15A NCAC 2H.1000,
the Coastal Stonnwater Management Regulations;. and currently allows a maximum
built -upon area per lot of 5142, square feebcurrently allows that Lot 15 is limited to a
maximum of 5142 square feet of built --upon area, and -Lot 16i is limited to a maximun of
5142 and Lot 3 is limited to a maximum of 5142 square feet of built -upon area; and
Whereas, ORYSZAK needs additional built -upon area forsaid lot to enable the -
construction of a residential structure on said'lot, and POLUTIS has ample built -upon
area leftover on his/her lot so that POLLITIS can transfer to ORYSZAK sufficient built
upon area to allow ORYSZAK to build and has agreed to do so_
Whereas, POLLITIS Lot currently contains 10,284 square feet of built -upon area,
verified by an as -built survey dated _(date -of as -built survey): which is
square .feet less than the permitted' maximum,- and (recipient /of owner) Lot needs
square feet of built -upon area in order to construct the desired
structure.
Now therefore, ORYSZAK'{for and in consideration of the sum of $2500, 00, Donor
POLLITIS hereby transfers to ORYSZAK 25Q0. (square feet of BUA being
transferred)' square feet of built -upon area from Lot # 15 & 16 to Lot # 3 for the sole
use and benefit of ORYSZAK.
I
1,)
f
Upon the recording of this instrument;, ORYSZAK Lot # 3 is limited to a maximum of
7642 square feet of built?Vupon area and POLLFTIS Lot # 15 & 16 is limited to a
maximum of 7784 square Ai.et of built -upon area, as defined in NCAC 2H 1000.
Printed name and SignaturEtuF;U;,o; Lot Owner
Printed name and signature of Recipient Lot Owner
Signature of (if required to amend the covenantsr
When it becomes necessary for a lot that has overbuilt to procure built -upon area from
another lot(s), a "trade" of BUA from one lot or lots to another lot or lots in the same
subdivision, phase and section can be permitted under the following conditions'and
requirements:
A copy of the as-built.survev of the "donor" lot (or lots if more than one donor lot
is involved), must be submitted to document the built -upon, area currently on the
lots The total existing BUA must'be less than the maximum allowed by the permit
and there must be enough unused BUA leftover to cover the amount being
donated to the "receipie-W lot or lots. If the donor lot(s) is undeveloped, then an
as -built survey of the donor lot(s) is not required.
A completed and signed.'Tradinn BUA"form. This form provides the necessary
template of language that the recipient lot owner's attorney will need to provide in
order to get the document recorded and fulfill its intended purpose. The language
was developed from a previously recorded document, but the attorney is. free to
change it as needed, however, the intent must be preserved.
Homeowner Association approval. The HOA may have to approve the transfer of
built -upon area. and/or approve a change to. therecorded covenants, as per the.
proceduresestablished in the Declaration of Covenants and Restrictions for
voting on and. approving amendments to the covenants. The individuals who are
involved in the BUA swap are responsible for checking withthe permittee:and/or
the HOA to see if they need to obtain approval to amend the covenants. A copy
of that. approval document should be submitted with the BUA trade request
• In order to have the changes reflected in the permit, please review the following
scenarios and submit the appropriate application package: