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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 $100.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without permit is subject to civil, criminal and adnRME{IVC-6tion. FEB 01 2017 szAlk,,,, R l vCK s6vrl" (-o I 3 c 6 l,G 7i9,- XV - 71pl�l j1414CP4776 f < Li lqt 4 3s�o vAN &v<&v sT tMt'XWOUS �Yo fr pooC. oceK _ Y s - TTA , � 3 G ;LON zuxyv l� 1 i�u-s-E j u!/3L 10 3_3 N 0 J �' O 00 I -� sEr>3acx J 'P I IsASKJ,$ ,TAOADwwr �� ��PoRol:o = 7IAl g (��g Nply4ipplED):4B17 „�nF1t��a'rbN c EB Dgys ZAK S U T� XWO M W .HQI W ATWC,- — -5 lS"AC-,G RICMARD & PSINA 674 HOM RUCK LAMB MSSIQUOC3iiE, NY 11780 DEED BOOK 2733, PAGE 450 TAX PARCEL 23OW06M )p yOT - . V SS�LIa#n/ dut,'ove7- �NEp��1�t1�S' HQUsc- ' f Poo 4- � osck � Govt/CEo ut.�v( JdM Horlse i TDi9L rMf&kwovs s 83 y Il ,r LoT,3 sJ�j�uo7T`� let vc u M60 H16hl w0769 Remx 3 S�l� U9ry BuR� r 30 � j3uFFE� 7$' AREA OF ENVIRONMENTAL CONCERN (AM SiKMACK LINE JAMES F. R40GERS POST OFFICE BOX 19/ LAKEVIEIW. SC 2MO DEED BOOK 6244 PAGE 293 TAX PARCEL 2300006203 352.z V14AI 0�?lj&/v 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: ie�rrtiL' Ln r- LAIGV' M m ,n PeaU4 cenmed Fee ru p Return ReceReipt Fee V3 (Endorsement quired) E3 Restricted Delivery Fee (Endorsement Repaired) C3 �r). orrU Total Poslage & Fees O M o Sent To Z-0 a O s : No.; p/ of PO Bo,, Na. 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 ' -• For delivery information. visit our meb=_ile at 1.1111nsos.con . CeNrod Mall Fee #3. 35 0537 n 0 < Ao Extra services FFeesr xcw.emwaitq, fftl Ol Dat o ❑PeWnPempct s /\�M/7�i(/ '�'Cf✓/V /� /�. n% O p O 0xmm w $ $fl _flf Adg5pPOwn r 0muftsre^=,aP�a,, a Hg C3�Piluk Sl9rawre Femkted oeMeryg—'�— 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. .�- I- s�o a T I ►� 7 v a C . �-- ►/a vRe .� s T- s w • —�' t R® ..I'l rt^Ld -v 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: