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HomeMy WebLinkAbout79-22 Cedar Point Developers LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 79-22 Issued to Cedar Point Developers LLC., 166 Cedar Street, Jacksonville, NC 28546 Authorizing development in Carteret County at adi. to Bogue Sound, at 1180 Cedar Point Blvd, known as Bridge View S/D, in Cedar Point, as requested in the permittee's application dated 5/20/22, including attached workplan drawing (1), Sheet 1 of I dated 5/20/22. This permit, issued on July 28, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation m mese terms may De suoject to lines, imprisonment or ctvu action; or may cause me permit to oe nutt ana vota. Cultural Resources 1) Prior to the initiation of any land -disturbing activities, the permittee shall satisfy the requirements of the NC Department of Natural and Cultural Resources (NCDNCR). Initiation of the permitted land - disturbing activities shall not begin until written approval is obtained from NCDNCR, and a copy of such approval has been submitted to the Division of Coastal Management. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. z/-/41 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Cedar Point Developers LLC. ADDITIONAL CONDITIONS Bridge View Sub -Division Permit No. 79-22 Page 2 of 3 2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the 83 lots, 6 common areas, retention basins, roads and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 3) This permit authorizes only the proposed upland development, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. Stormwater Management 3) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SWA 000127, which was issued on 1/24/22. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 4) The Division Energy, Mineral and Land Resources (DEMLR) approval of this project under sedimentation and erosion control management rules of the Environmental Management Commission is covered by way of Sedimentation and erosion control permit No. SWCARTE-2021-018, which was issued on 4/13/21. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. 5) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Cedar Point Developers LLC. ADDITIONAL CONDITIONS Permit No. 79-22 Page 3 of 3 NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (910) 796-7215. NOTE: The NC Department of Transportation has assigned this project DOT ID No. E022-016-21- 00171 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers has determined that a permit is not required. NOTE: The N.C. Division of Water Resources has assigned the project DWR Project No. 2022-0737. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. Permit Checklist Major Development Excavation/Fill Applicant I Address i&(�2 County /I� Physical Location including / Watarhndv t)acrrintinn �1 II. SriWl(( e� iiv-i�/er�rv-?r;,j� 19 ✓�. �HadO 0S "v/C�) SXD , 1'4 MP Forms Dates Drawings # Drawings & MPl MP2 MP3 MP4 MPS � z sXw /az y X �4 oer�lz? Development Types Including Conditions ✓ Chi and `Notes t U 1 i e U i d4-8 s�o%zZ � I OU tt ,,Vufvuw(iq� WCTV-,. Sw Z grPA Cvd7l Z" I DpT �o27rvrl.-2/-�(7/ of J- Gnu/ KY444 pw7 e4L//v(A(5in or IIle MAir EOZz-001-Zf -0007 5� Z Cke76 Zo2l -o 1b I DWR 401 Certification # lAY(YMMbt, ZM—O, ISACE SAW # � KAuI`ii Permit Fee S Application Review Checklist Letter A/2K 7Z 75 L/t� C ( , ` ,, Placard Comm nt /O / Applicant C'IP_' 1✓ptN IL1Tl_� OGIS Gam-- Pub A )Z Comment Ja y Computer 15 M _ A y ZZ Agent pommy,.-,-gjjfir, Ow " / DeficiencDy etter? Physical Address III 6ccr t ," 1 — f. 'U' Vj, 4:: C po'^(Field Rep. 4 AECs Habitat Q , / _ Development s5 Designationoo W (�X.✓� Buffer 5-75 Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule a,i Pj_ Water '04 G Dependent 190SW Ga'J RAJ owW � i 7�t1 MVO K/q/ZZ Deed? Raparian rights From Property line Nav/Channel Proximity FT2 calculations ISSUES OF NOTE D(cl Gcxio K.,No� Y�3 kS , l / -qt,4 A,e4l /off 3s �fy ��G !v� �}jvGNorT McY /0 a'A/Trot & ��ar�tS/f%EG i�07cc.� (tz5/ A44.7v.61 Jwve -fir �.+r5b;, /qt/!/, v1o4- DCM Coordinator: Permit #: 79 -�ZZ �, DCM Field Offices Elizabeth City � " Wrehead CityJ 14[c l y!,✓ US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: MAILING DISTRIBUTION SHEET Washington Wilmington /&& eew�r 4, �„x(� Jcick���lle�n�C (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Clif Whitfield (WARD) Jimmy Harrison Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider —401(Pender,Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) r (NCDO) Travis Wilson Natural Heritage Program Rodney B LPO: l vfj Aie z6loh C"�-- I_ fcr dt'jT DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Cedar Point Developers LLC COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 1180 Cedar Point Blvd, Cedar Point DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-27-22 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Styron DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 6-1-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY D LINE: Click or tap to enter a date. HOLDS: EMAIL OUT DATE: 5-27-22 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Choose an item. DISTRICT OFFICE: MHC Date FEE REC'D: 2000# Click or tap here to enter text. END OF NOTICE DATE: 6-1-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: Click or tap to enter a date. AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep y yL or S DCM — LUP Consistency Determination L/ Z Lo+S 5 Local Permit Officer L 9 LZ i Corps of Engineers — Regulatory Branch DWR-401 Section DWR—Public Water Supply � tito�DEMLR — Stormwater VS7 ��ZZ`�DEMLR — Sed and Erosion ( '%Au "O�D DOA — State Property Office Wildlife Resources Commission to t/ZZ r- DMF — Shellfish Section h FIZZ r DMF — Habitat & Enhancement 4 (e DNCR — Archives & History (w1, z s Need xfD DNCR —Natural Heritage Program NCDOT NC Dept of Commerce 21 I7 L ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM DATE: May 25, 2022 TO: Gregg Bodnar THRU: Jonathan Howell FROM: Heather M. Styron NORTH CAROLINA Environmental Quality SUBJECT: Comments and Recommendations - CAMA Major Permit —Cedar Point Developers LLC (Bridgeview Subdivision, section II), Cedar Point, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: Phase I was completed previously and consisted of the grading, filling and construction of a gravel road outside of the CAMA AEC. The project work ceased through previous DCM guidance in order to obtain a permit, and in this case a major permit (existing state and federal permits in place), due to the contractor inadvertently grading the gravel road within the 575' AEC. The current proposal involves phase II development of 45.5 acres of high ground (83 individual single family lots total for the entire property). This would consist of completing the final upland development (34 lots and 4 common areas) of Bridgeview Subdivision infrastructure consisting of the asphalt road surface, electrical line service, drainage measures, lot grading, retention basin and water supply lines. The development conforms to the guidelines set forth under 15A NCAC 07H .0209. The adjacent waters of Bogue Sound are open to shellfish harvest and is not considered a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All work shall be consistent with plat accepted by DCM on 5/24/22. The disturbed areas will be properly graded and provid a ground cover sufficient to restrain erosion. • No vegetated coastal wetlands/marsh grass will be excavated or filled. No in water work is authorized. w�mws eruT nim.w� /'� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 Cedar Point Developers, LLC Comments page 2 of 2 Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). All work shall be consistent with the following permits below; NCDEMLR Project ID; Carte-2021-18 Stormwater; SWA-000127 Public Water Supply; No. 21-00622 NCDOT; No. E022-016-21-00171 USACOE; Project Action ID; SAW 2022-0474 • Any future phases or in water work will need prior approval thru the Division of Coastal Management. mooati �ric��mm.b� /`� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 [ WRENNI MORTRCAE OLVA . Ptr"u'o—walQuaflty . January 24;2022 Cedar Point Developers, LLC Attu: Steven Kellum, Managing Member 166 Center Street Jacksonville, NC 28546 Subject: fast Tr-ack Authorization to Construct (ATQ Permit No. SWA 000127 Bridge View Carteret County Dear Mr. Kellum: The Division of Energy, Mineral and Land Resources received a complete "Authorization to Construct" (ATC) Permit Application Form for the subject project on January 4,:2022, to be permitted under the Post: Construction State Stormwater Fast Track Process. Staff have reviewed the application materials and have determined that the . pnijec4 as proppo�sed complies with the Stormwater Regulations set forth in Rule 15A NCAC 021'I.1043. We are hereby forwarding Authorization to Construct Permit No. SWA 000127 dated January 24, 2022, for the construction of the stormwater control measures (SCMs) and built upon area associated witlz the subject project This Authorization to Construct Permit does not constitute an approval of flo project at its completion. Approval' of this project at completion will be based on Division review and approval of final permit app catiou completed by a North Carolina licensed professional. It shall be the Permittee's and the licensed professional's. responsibility to ensure that the as -built project meets the appropriate stormwater rules. Failure to comply may result in penalties in accordance with North Carolina Gelteraf .sioute § 143-215.6A through § 143-215.6C and/or referral of the licensed professional to the appropriate North. Carolina licensing board. This Authorization to Construct Permit shall be effective from the date of issuance until January 24, 2027 and does not snjferrede any other: agency permit that may be required. The project shall be subject to the conditions and limitations as specified thereinAA to comply with these requirements will result in figure compliance . pri�blems. Please note that this Authorization to Construct Permit is not transferable except after notice to and approval by the Division. The Division may require rescission and/or revocation and reissuance of this permit. If you have any questions concerning this permit, please contact Garrett Zorda in the Wilmington Regional Mee, at (910): 796-7215 or garrqt.zorda@ncdenr.gov. Sincerely, 1,:>L lWefi ;Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A —Fast Wrack Construction Commencement Form Attachment B —Example Deed Restriction and Protective Covenants Langan ..Application Doclmments - DESfgdr %Stormwater\Permits & Projects\SWA Fast Track ATC\000127 ATC FTT-ID\202'2 01 permit 000127 . e¢ Jonathan L. McDaniel, PB;TrdewaterAssociates, 1= RECEIVED Carteret County Building Inspections. Carteret Coo*. Engineering MAY -2 4 ZOZZ . Division of Coastal Management Dan Sams, DENII.R WilmiigtmtRegional Office StormwaterFile DCM-MHD CITY North CoroLwi D➢Ipartment of Environmental. Quaft 1 Division of Energy Mineral andLand Resources f WGrdngtoa�egional Office 1127 Cardinal DiiVerztensran I Wk ngron, North Ca rolina,28405 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality April 13, 2021 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Cedar Point Developers, LLC ATTN: Elijah Morton, Manager 166 Center Street Jacksonville, NC 28546 RE: Project Name: Bridge View Subdivision Acres Approved: 42.1 Project ID: CARTE-2021-018 County: Carteret City: Cedar Point Address: 1180 Cedar Point Blvd. River Basin: White Oak Stream Classification: HQW Submitted By: John M. Perrin, EI, Bell and Phillips Date Received by LQS: March 19, 2021 and April 12, 2021 Plan Type: Residential Dear Mr. Morton: RECEIVED MAY 2 4 2022 DCM-MHD CITY This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be required (G.S. 11 3A-54. 1)(b). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gcv/NCG0l. Please direct questions about the eNOI form to Annette Lucas at Annette.lucasnancdenr.gov or Paul Clark at Paul.clark@ncdenngov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. rh Aft�"� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Offlce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Lotter of Approval with Modifies Cedar Point Developers, LLC April 13, 2021 Page 2 of 4 Ivs and Performance Reservations Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land - disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications Required for Approval NPDES NCGOI Fact Sheet cc: John M. Perrine, EI, Bell and Phillips 604E Cedar Point Blvd., Cedar Point, NC 28584 Wilmington Regional Office file RECEIVED MAY 2 4 2022 DCM-MHD CITY D-Ater of Approval with Modific, Cedar Point Developers, LLC April 13, 2021 Page 3 of 4 4 s and Performance Reservations MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Bridge View Subdivision Project ID: CARTE-2021-018 County: Carteret 1. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. 2. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A- 52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54.I (b)). RECEIVED MAY 24?02l DCM-MHD CITY ,Letter of Approval with Modific, Cedar Point Developers, LLC April 13, 2021 Page 4 of 4 as and Performance Reservations 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 42.1 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures (NCGS 113A-54.1(b)). 8. Because of the proximity of High Quality Waters, the open land disturbance at any given time within a High Quality Water Zone should not exceed 20 acres. 9. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). 10. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface (NCGO10000). If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning (113A-54.1(b)). 11. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violatiot of this approval. Routine maintenance of the entrances is critical (113A-54.1(b)). 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGO1 Ground Stabilization And Materials Handling requirements that became effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCG01 website. 13. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGO1 Self -Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCGO1 Self -Inspection, Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCG01 website. 14. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute I I3A-54.1(e). 15. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed area and time of exposure should be limited. We recommend this project be phased so that uncovered area is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5), the land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 RECEIVED General Permit NCG 010000 NPDES for Construction Activities MAY 2 4 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISEt secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bodnar(a)NCDEN R.gov SUBJECT: EXPRESS LAMA Annlication Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agencys position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by'June 16, 2022 ` If you have any questions regarding the proposed project, contact Heather Styron 252515-5411. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no abjection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY, SIGNATURE DATE NC Commerce v5-27-22 REECEII D M AY 2 7 2022 NIP SECTION MHD D _EQ�,� North Carolina Department ofrnvironmentalQuality I DivislonofCoastalManagement Morehead City office 1 -100 Commerce Avenue I Moorehead City, North Carolina 2B55! c. ew a.o r 252.8081808 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnara)NCDENR.gov SUBJECT: EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by 4une 10, ,2022 If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. *please see attached comments **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE DATE 5/27l22 RECEIVED MAY 2 7 2022 IMP SECTION MHD oe,mmem iumv�zmimmn� /`� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I. Moorehead City, North Carolina 28557 252808.2808 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality 5/27/22 To: Gregg Bodnar, Assistant Major Permits Coordinator From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: Express CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Carteret County Proposed Project: Upland Developmentfor Bridgeview subdivision Please forward the following comments to the applicant: Application indicates subdivision will be served from Public Water Supply System West Carteret Water Corp NC0416040. Please be aware that if the applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 15A NCAC 18CSection .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions RE-"C�1=IVQD MAY 2 7 2022 KqP SECTION MHD rvonTM cuauinD ���1� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 27, 2022 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) areca.bodnar(d)NCDENR.00v SUBJECT: EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregp Bodnar at the address above by June 10, 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY DCM SIGNATURE Www DATE 6n/2022 REE,CE."9 V E D JUN 7 2022 N, EC u KON FEND North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Plannenk Division of Coastal Management ((� SUBJECT: Major Permit request by Cedar Point Developers. LLC. DATE: June 7, 2022 Consistency Determination: The request is consistent with/not in conflict with the 2012 Town of Cedar Point Land Use Plan certified by the CRC on February 7, 2013. Overview: The applicant proposes to complete the upland development for the proposed Bridgeview subdivision (45.81-acre tract) located at 1180 Cedar Point Blvd., Cedar Point, Carteret County, North Carolina. The entire Bridgeview subdivision project proposes 83 single family lots, six common areas which include a park, boat storage, offsite LPP septic for 8 lots, water access area to serve as amenities to the neighborhood and a constructed wetland area. Construction of the subdivision infrastructure has been completed landward, or north of the 575' AEC, 34 single family lots are being proposed with this application. The tract is vacant and is a generally open field contiguous with Bogue Sound. The property is bordered on the east by Bogue Sound RV Park and on the west by Magens Bay subdivision. The existing drainage ground surface flow is into Bogue Sound. There was an old house onsite but this has since been removed. There is currently an existing dilapidated old fish shack and remnant dock structure. According to the applicant these would be removed soon. Areas of Environmental Concern (AEC) involved: Coastal/Estuarine Shoreline. The project is located within the White Oak River Basin. The waters of Bogue Sound in this area are classified as SA; ORW. The waters are not classified as a primary nursery area and submerged aquatic vegetation was not observed at this location. This area is open to shellfish harvest. There are no cultural resources within the project property. The elevation of the high ground of the parcel is approximately 15' above the normal high water (NHW), is partially wooded with sparse vegetation and covered with grassy vegetation. The 45.81-acre tract has approximately 2,221.17 linear feet of continuous shoreline. There are joint 404 and coastal wetlands along the shoreline of the property and 404 jurisdictional wetlands in areas on the upl �prfllcn ttti1 tract. JUN 7 2022 North Carolina Department of Environmental Quality l DivlslolA f�'Gaas �ynDa rI b N MM ID Morehead City Office 1 400 Commerce Avenue I Morehead )Nortif Ai»Nr♦Pav BF5 j S -- /"� 2525155400 c. iL Anticipated impacts: The proposed section II infrastructure project would be within 575' of NHW. The closest land disturbance would be approximately 150' from NHW. Impacts would include temporary upland ground disturbance as a result of the infrastructure installation and the associated grading, filling and landscaping. If effective sedimentation barriers remain in place between the project site and the adjacent water body and a vegetative cover is in place, then there should be minimal impacts to the adjacent ORW waters. If the proposed work follows current adherence to the regulations and permits in place, then this should also help provide an effective level of protection. No wetlands would be impacted. Basis for Determination: The project site is in the Town of Cedar Point and is subject to the town's 2012 Land Use Plan. The Future Land Use Map (PLUM) designates the site as "Community Growth Areas" with subject AECs defined as "Conservation and Open Space". Community Growth Areas: Areas designated for the community's most intensive future development. These areas include residences - both single-family and attached structures -businesses and offices, and other employment centers. These areas are located in areas having higher land suitability and where basic community facilities are either present or planned. Residential densities in these areas will be in the moderate range. Examples of community growth areas are very low intensity, residential uses that could be redeveloped into moderate density and agricultural land currently served by county infrastructure. Development densities would be similar to that of the existing core areas so as to promote consistency with the current community character. Prohibited uses include industrial and high density residential (above 8 units per acre). The proposed density is 1.5 units/acre and meets the Community Growth Areas classification density requirements (83 SFR/45.81= 1.5 units per acre). Land Use Policies: The LUP does not contain any policies applicable to this request. NE JUN 7 2022 dm u���uawu�eau®mr� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,515,5400 ROY COOPER Govertwr ELIZABETH S. BISER seaemry BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Envko wtatQuariry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) cregd.bodnar(inNCDENR.gov. SUBJECT: EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greop"Bodnar at the address above by June 10, 2022. if you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no abjection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments. r PRINT NAME l )o il,,W,/'/•���rC��1 `1��✓� � AGENCY ��Lri t9 u 4'l r ov,? SIGNATURE RECEIVED DATE G 1r Z Z JUN 9 2022 NIP SECTION MPID North Carolina Department ofErnhonmerM Qralty I DIVISIon of Coastal Management Morehead City Omce 1 400 Commerce Avenue I Moorehead City. North Caroina 2&%7 25Z808.2808 Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, June 9, 2022 2:36 PM To: Bodnar, Gregg; Perry, John M Subject: RE: FW: [External] RE: EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Thanks Gregg, Based on the additional information provided, it appears that a Corps permit is not required for the proposed development. Please ensure, if not already done, that all silt fencing is installed landward of the approved wetland boundary. Kind Regards, Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, June 7, 2022 7:37 AM To: Perry, John M <John.Perry@ncdenr.gov>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] FW: FW: [External] RE: EXPRESS - New LAMA Major Permit Application - Cedar Point Developers LLC Morning all, Please see above and below for the response to your questions regarding the Express Permit application. Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G re>;z.Bodnar@ncdenr.aov Find a Field Rep (arois.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Roy Brownlow <RBrownlow@TidewaterENC.com> Sent: Monday, June 6, 2022 5:24 PM To: Bodnar, Gregg <Rres¢.bodnar@ncdenr.gov> Cc: Styron, Heather M. <heather.m.stvron(a)ncdenr.aov>; Jonathan McDaniel <imcdaniel@tidewaterenc.com> Subject: Re: FW: [External] RE: EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg: Please find attached to this message the Bridge View Stormwater Infiltration Basins details and the Corps's highlighted copy showing'the areas of concern. I am also attaching a copy of the Sedimentation Construction Stormwater Inspection Report, dated 04/27/2022, which shows the site and work done is in compliance with the NPDES Permit NCGO10000 Construction Stormwater requirements. I believe this is the information Liz Hair and John Perry were requesting and would confirm there are no impacts to wetlands. Thank you for your assistance. Please let me know if further information is needed or if there are any questions. Best, Roy Brownlow, Environmental Specialist 604E Cedar Point Blvd Cedar Point NC,28584 252-393-6101 ®TIDEWATER ASSOCIATES, INC. On 6/6/2022 7:41 AM, Bodnar, Gregg wrote: Morning Roy, Please see below for a question from USACE regarding the infiltration basins. Hope all is well, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G reee.Bod nar@ ncdenr.eov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Friday, June 3, 2022 6:02 PM To: Bodnar, Gregg <ereae.bodnar@ncdenr.eov>: Styron, Heather M. <heather.m.styron@ncdenr.aov> Cc: Perry, John M <John.PerrvC@ncdenr.gov> Subject: [External] RE: EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi guys, Happy Friday. Tom Charles approved the JD this week before he went on leave. SAW-2022-00474. At first glance I was going to say that a Corps permit would not be required, but when I looked closer at the plans a couple red flags went up. See attached plans with highlighted areas of concern/question. Specifically, the areas proposed for infiltration basins within the common areas. It appears they would be in close proximity to the wetlands onsite, and I didn't see a clear description of their dimensions or footprints. I highlighted the water access area, but that was before I read through the project description that the applicant will be coming back a later time for a dock permit. If I could get some clarification on the infiltration basins that would be super helpful to me. Thanks! Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Friday, May 27, 2022 9:48 AM To: Tracy Barnes <tracvb carteretcountvnc.gov>; Steffey, Zachary <zsteffey capecarteret.org>; Love- Adrick, Rachel A <rachel.love-adrick ncdenr.gov>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.armv.mil>; Padrick, Lee <Ipadrick@commerce.nc.gov>; DCR - Environmental _Review <Environmental.Review@ncdcr.gov>; Cox, Heidi <heidi.cox ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <david harris@ncdot.gov>; Jenkins, Shannon <shannon.!enkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.eov>; Montalvo, Sheri A <sheri.montalvo ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>; Perry, John M <John.Perry(@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A<Rodnev.Butler@ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Howell, Jonathan <lonathan.howell@ncdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [Non-DoD Source] EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC EXPRESS MAJOR— Please note comments are due by June loth, thank you! Hello All! Please accept this correspondence as the official distribution of CAN4A application from Cedar Point Developers, LLC in Carteret County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. RETURN TO GREGG BODNAR at'gregg.bodnar@ncdenr.gov The plans are oversized If you would like a hard copy mailed to you, please let me know. For questions or concerns, please contact Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252)-515-5416 Thank you! Y Amanda Canton Permit Support Coordinator. Division of Coastal Management D Q� North Carolina Department of Environmental Quality r , F 252.515. 5406 (Office) Amanda.catinon@ncdenngov •r.;: �t nrsfrxilCrio;o:: al: rrn L Gi:r�:irrsr s:a::>rr.: ru «'�* bdrth C:rc.:n�!'..,..: R,,✓ci: Lzr::•.l rrr/'k) (Y,4':�;f::110 Uxrd 1Y1+'.•:�Y Click HERE to Find the DCM Field Rep in your CAMA region. DocuSign Envelope ID: 60E1 E31 D-DA964CEB-9567-CFB5FD4F0874 ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality DATE: June 9, 2022 _In FROM: John Perry NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20220737 No Written Approval Required PROJECT LOCATION: 1180 Cedar Point Blvd., Cedar Point, Carteret County Bridgeview Development PROPOSED PROJECT: Completion of the upland development for the Bridgeview subdivision The Division of Water Resources (DWR) has received a copy of your Express CAMA Major permit application request dated May 24, 2022 and received by this office on May 27, 2022. The waters of Bogue Sound are classified as SA;ORW by the Division of Water Resources (DWR). You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. r"CEI ED JUN g 2022 ra P SECTION MHD D_E & North Camlina Departmentof Environmental Quality I Division of Water Resources 127 Cardinal Dme Eat Wilmington, North Carolina 28#05-5406 910.7%7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar()NCDEN R.gov SUBJECT: EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 10, 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE Shannon Myers NCDMF- Shellfish Sanitation and Recreational Water Quality for Shannon Jenkins 6/14/2022 RE­(CE�V "IE DI J U N 2 0 2022 UIP SMCTION ?4HD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina28557 wow:mmwu-o.edw.vo� 252808.2808 From: Dunn, Maria T. To: Bodnar, Greao Subject: Cedar Point Developers, Carteret Go. Date: Friday, June 10, 2022 9:49:35 AM Gregg, NCWRC has reviewed the project proposal and has no specific comment on the permit application. At this time, I do not have the ability to provide a signed comment sheet, but will do so upon my return to the office next week. In the meantime, please accept this email as official correspondence. Thank you. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bodnar(o) NCD EN R.gov SUBJECT: EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed, project and return this form to Greog Bodnar at the address above by June_10, 2022, If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY. NCDMF DATE 10 June 2022 RECE111E-_D JUN 1 0 2022 RIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 keceived: 6/1/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality Due: 6/9/2022 ER 22-1558 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar(a)NCD EN R.gov SUBJECT. EXPRESS CAMA Application Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 10, 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes X are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE I _ > RE-CE�� DATE June 14, 2022 JUN 2 0 ?022 D_w North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 -•^•^^• ,^^^^^^^^•.6,0� 252.808.2808 Bodnar, Gregg From: DCR - Environmental Review Sent: Friday, July 15, 2022 12:28 PM To: Roy Brownlow Cc: Jonathan McDaniel; Bodnar, Gregg; Wood, John; Harville, Katie E Subject: Re: [External] ER 22-1558 Bridge View S/D CAMA Express Permit Application, Cedar Point, Carteret County Hi Roy, Hope you and yours are well today I am the specialist finalizing our review of the project. We really appreciate the job well done on gathering the requested photographs of the exterior of the fish camp structure. After discussing the resource with our Eastern Office staff, John Wood, we have decided to clear the project without an adverse effect to historic properties determination so long as we can get a good record of the interior as well. There was an interior photo in the package but it does not do an adequate job of documenting the historic elements/materials of the interior. John will be out in that area on Tuesday (7/19) next week and would like to stop by and gather the necessary photos. This will ensure that there are no further delays in us being able to issue our final determination letter. I will be able to send our response back to you and NCDENR as soon as John confirms that the interior has been recorded, no later than Friday next week. It would be greatly appreciated if you would facilitate John's visit, by getting approval from the landowner, providing access if the property is restricted, etc. John doesn't necessarily require an escort but we understand that there may be certain protocols in place for safety. Please reach out to John with any details or concerns. John is copied on this email but you can also reach him directly at John.p.wood@ncdcr.gov or 252- 830-6580 ext. 225. Best, Katie Harville (she/her) Environmental Review Specialist State Historic Preservation Office 109 E. Jones Street MSC 4603 Raleigh, NC 27699 919 814 6581 office katie.horville Qncdcr.00v ®©00s LIEWIN NC DEPARTMENT OF iia NATURAL AND CULTURAL RESOURCES ■IEMEN Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to the Environmental Review emailbox at environmental.review@ncdcr.aov. Otherwise, your request will be returned and you will be asked to send if to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: NCHPO ER Proiect Review Checklist Facebook Twitter Instaorom YouTube From: Roy Brownlow <RBrownlow@TidewaterENC.com> Sent: Wednesday, July 13, 2022 3:25 PM To: DCR - Environmental —Review <Environmental. Review@ncdcr.gov> Cc: Jonathan McDaniel <jmcdaniel@tidewaterenc.com>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Wood, John <john.p.wood@ncdcr.gov>; Harville, Katie E <katie.harville@ncdcr.gov> Subject: Re: [External] ER 22-1558 Bridge View S/D CAMA Express Permit Application, Cedar Point, Carteret County External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Devon: Thanks for the reply. If it makes any difference, basically all that is left to do is pave the existing road that was already in place that is within the 575 and run water lines beside the road. All other land disturbing work has been done. This was kind of an -after-the -fact permit, since there was a CAMA violation involved. Let me know if you have any questions or need additional information. Thanks, Roy Brownlow, Environmental Specialist 604E Cedar Point Blvd Cedar Point NC, 28584 252-393-6101 ®TIDEWATER ASSOCIATES, INC. On 7/13/2022 8:54 AM, DCR - Environmental —Review wrote: Roy, I apologize for not seeing this email sooner. Due to the high project load, we cannot turn around requests quicker than 30 days at the moment. Your project is currently under review and we will have our comments to you as soon as physically possible. Best, Devon L. Borgardt Environmental Review Assistant State Historic Preservation Office 109 E. Jones Street MSC 4603 Raleigh, NC 27699 ®L'01110 1300FIN NC DEPARTMENT OF monsm NATURAL AND CULTURAL RESOURCES Email correspondence to and from this address is subject to the North Carolina Public Records'Low and may be disclosed to third parties. Please Note: Requests for project review or responses to our review comments should be sent to the Environmental Review emailbox at environmental.review@ncdcr.gov. Otherwise, your request will be returned and you will be asked to send it to the proper mailbox. This will cause delays in your project. Information on email project submittal is at: NcHPo ER Project Review checklist Facebook Twitter Instagram YouTube From: Roy Brownlow <RBrownlow@TidewaterENC.com> Sent: Tuesday, July 5, 2022 8:56 AM To: DCR - Environmental Review<Environmental. Review@ncdcr.aov> Cc: Jonathan McDaniel <imcdaniel@tidewaterenc.com>; Bodnar, Gregg <greae.bodnar@ncdenr.eov>; Wood, John <iohn.p.wood@ncdcr.Rov> Subject: [External] ER 22-1558 Bridge View S/D CAMA Express Permit Application, Cedar Point, Carteret County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hope this finds you doing well. I am checking as to the status of the Preliminary Reconnaissance Photo Report I submitted via email on 06/22/2022 with regard to NCSHPO file no. ER22-1558. A copy of that report is attached to this email. This application is an Express CAMA Permit application which would have been issued on 06/23/2022 but was put on hold by DCM on 06/20/2022 by the comments received from the NCSHPO. Any update to the status of your review would be appreciated. Thank you and best regards, Roy Brownlow, Environmental Specialist 604E Cedar Point Blvd Cedar Point NC, 28584 252-393-6101 ®TIDEWATER ASSOCIATES, INC. On 6/22/2022 3:42 PM, Roy Brownlow wrote: Renee: Hope this finds you safe and well Thank you for the return phone call today to discuss this case In response to your Memorandum dated 06/14/2022 to Gregg Bodnar, Assistant Major Permit regarding case No. ER 22-1558 and the CAMA Major Permit Application for the upland development for Bridge View subdivision in Cedar Point, Carteret County, please find attached to this message, a Preliminary Reconnaissance Photo Report of the old Ennett (fish camp) house (circa 1930's) and the Project Description narrative. Please contact me if you need additional information or have any questions. Best, Roy Brownlow, Environmental Specialist 604E Cedar Point Blvd Cedar Point NC, 28584 252-393-6101 ®TIDEWATER ASSOCIATES, INC. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Banos, Adtnhtistancir Governor Roy Cooper Secretary D. Reid Wilson July 22, 2022 Office of Archives and History Deputy Secretary, Darin J. Waters, PhD. Roy Brownlow rownlow@tidewaterENC.com Tidewater Associates 604E Cedar Point Boulevard Cedar Point, NC 28584 Re: Construct Bridgeview subdivision, 1180 Cedar Point Boulevard, Cedar Point, Carteret County, ER 22-1558 Dear Mr. Brownlow: Thank you for your email of June 22, 2022, transmitting the requested reconnaissance photographs of the Old Ennett Place (CR1355) fish camp structure. Additionally, we appreciate your assistance with facilitating the site visit conducted by our staff on July 19, 2022. Based on the information provided, and subsequent field verification, we have determined that the structure does not retain the integrity necessary to be considered eligible for listing in the National Register thus there will be no historic structures affected by the proposed project. However, we note that this determination does not address the concerns of the Office of State Archaeology which were expressed in our memorandum of June 14, 2022 to NC DENR. We recommend that you reach out to Assistant State Archaeologist, Stephen Atkinson, at 910.251.7325 or stenhen.atkinson(a),ncdcr.gov to discuss those concerns and work toward a resolution. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewna,ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, RECEIVE® it d 6 J U L 2 2 2022 Ramona Bartos, Deputy State Historic Preservation Officer cc Gregg Bodnar, NC DENR hl? SECTION MHDgregg.bodnar@ncdenr.gov Locatiotc 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephme/Pax: (919) 819-6570/814-6898 ACM MP-1 APPLICATION for Malor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name I Project Name (if applicable) Cedar Point Developers, Lie Bridge View Subdivision Applicant 1: First Name MI Last Name Steven Kellum, Managing Member Applicant 2: First Name MI Last Name N/A N/A If additional applicants, please attach an additlonal page(s) with names listed. Mailing Address PO box city State 166 Center Street Jacksonville NC ZIP Country Phone No. FAX No. 28546 us 910-938-5900 ext MIA - Street Address (d different from above) City _ State ZIP N/A N/A NIA N/A - Email elijahm@mortontrucking.com 2. Agent/Contractor Information Business Name Tidewater Associates, Inc Agent/ Contractor 1: First Name MI Last Name Roy Brownlow, Authorized Tidewater Associates, Inc. Agent Agent/ Contractor 2: First Name MI Last Name Jonathan McDaniel, P.E. Mailing Address PO Box City State 604E Cedar Point Blvd Cedar Point NC ZIP Phone No. 1 Phone No. 2 28584 252 - 393 - 6101 ext. N/A - ext. FAX No. Contractor # N/A Firm License No. F0108 Street Address (if different from above) City State ZIP N/A Email RECEIVED RBrownlow@TidewaterENC.com MAY 2 4 2022 <Form continues on back> DCM-MHD CITY 252-808-2808 :. 1-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # _Carteret 1180 Cedar Point Blvd HWY 24 Subdivision Name City State Zip Bridge View Subdivision Cedar Point NC 28584 - Lot No.(s) (dmany, attach additional page with list) Phone No. Tax Parcel ID 538413031785000, See 252 - 393 - 6101 ext. Attached Plat a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. SNatural ❑Manmade []Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed SYes ❑No work falls within. Town of Cedar Point, Zoned R-10C 4. Site Description a. Total length of shoreline on the tract (ft.) It. Size of entire tract (sq.ft.) 2,221.17 45.81 c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 15,000sf min., 18,947sf max, NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 15' avg SNHW or ❑NWL e. Vegetation on tract Dominantly berm uda grass field R-10 with spa rce hummocks (30' x 30') of native shrub, herbaceous plants and trees on the upland area, coastal and woody transitional zone non -coastal vegetation near the shoreline f. Man-made features and uses now on tract This property was a prior vacant, previously cleared tract, however, the area landward of the ORW 575' Estuarine Shoreline Area of Environmental Concern has been recently developed subdivision infrastructure, roads, and drainage for residential single-family housing development. There is an existing 1920's fish cabin that is proposed to be removed. g. Identify and describe the existing land uses adlacen to the proposed project site. The property is bordered to the south by Bogue Sound, to the west by Magens Bay residential subdivision, to the north by vacant properties that border aing Hwy 24, and Is bordered to the east by Bogue Sound RV Park. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-10C (Attach zoning compliance certificate, if applicable) SYes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes SNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA National Register listed or eligible property? Rf� <Form continues on next page> HgAiRMAIIJ MAY 2 4 2022 252.808.2808 .. 1-888.4RCOaST .. www.nccoas1almanaglemsnt.net VL'M"MHDCITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? NYes []No (ii) Are there coastal wetlands on the site? NYes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? NYes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Proposed individual onsite septic systems except for eight lots 35 - 42, which will be served by an off -site LPP system within a .45 acre common area. o. Describe existing drinking water supply source. Public - West Carteret Water Corp. p. Describe existing storm water management or treatment systems. Stormwater treatment provided under High Density requirements for waters that are SA-ORW with 25% impervious coverage under State Stormwater Permit No. SWA 000127 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment EPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The proposed development would provide infrastructure and site improvements to support 83 lots for private residential single-family housing. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Construction methodology would consist of installing effective sedimentation barriers, use of typical heavy equipment and earth moving machinery to create residential roads and site drainage and swales. d. List all development activities you propose. Acitivities would include land disturbing activity to install and construct roads, site drainage, filling and grading as needed, excavation for the installation of water supply and electrical lines to complete the project within the 575' ORW Estuarine Shoreline Area of Environmental Concern. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 42.1 ❑Sq.Ft or NAcres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. All runoff from the existing and proposed built -upon areas on the property would drain into the permitted system via grading, stormwater collection, and/or a vegetated conveyance. A 50' vegetated buffer setback would be provide and maintained adjacent to all waters in accordance with the State Stormwater Permit.There wouild be a proposed collection system of constructed stormwater wetland plants. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ENA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ENA j. Is there any mitigation proposed? []Yes ❑No ENA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED 252-soa-2808 .. .. wvvw.nccoastaimnnagement.net 2 4 2022 1 DCM-MHD Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. . a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Bogus Sound RV Owner, LLC Phone No. Address 1206 Cedar Point Blvd, Cedar Point, NC 28584 Name Shelly Myott Phone No. Address 123 Fawn Creek Ct, Cedar Point, INC 26584 Name N/A Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NCDEMLR Project ID: CARTE-2021-018; SWA 000127 NCDOT Encroachment Agreement No. E022-016-21-00171 DWR Public Water Supply Serial No. 21-00622 USACE Action ID SAW 2022.00474 h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date May 20, 2022 Print Name Roy Brownlow, Enviro ntal Specialist, Tidewater Assoc., Inc Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED MAY 2 4 2022 252-808-2803 .. 1-8e3-4R OASY :: wwb .mccoasQaBrnanag2rnc a"t.ret DCM-MHD CITY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Proposal is for the land disturbing activity for the installation and construction of roads, electrical & water utilities, and stormwater conveyances. Property owners will apply for their own Permits within the AEC to construct single-family residences. c. Density (give the number of residential units and the units per acre). 83 Single-family residential units are proposed at 1.8 Units per acre. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes [:]No ❑NA (ii) if yes, list the date submitted: March 19, 2021 g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 25% within the 575' ORW Estuarine Shoreline AEC. See attached "Bridge View Lot BUA Chart November 2021" I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 25% j. Describe proposed method of sewage disposal. Individual on -site Septic Systems I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). No discharge within the 575' ORW AEC - utilizing infiltration basins (SCMs) b. Number of lots or parcels. 83 residential lots and 6 common areas d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 42.1 acres total disturbed area f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt roads h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes []No ❑NA (II) If yes, list the date submitted: 01/04/2022 k. Have the facilities described in Item (i) received state or local approval? ®Yes []No ❑NA If yes, attach appropriate documentation. RECEIVED m. Does the proposed project include an innovative stonnw r design? AY 2 4 2022 []Yes ®No ❑NA If yes, attach appropriate documentation. DCM-MHD 252-808-28082 :: 1-8884RCOAS7 :: wvvw.nccoastaImanacwrnsnt.ne4 revised: 12/26/06 FSormi iWWd HIV9-3 (Uplvincl Oavatiolsynaen4, Wecte 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public - West Carteret Water Corp o. When was the lot(s) platted and recorded? March 1, 2022 May 20, 2022 Date Bridge View Subdivision, Phase II Project Name Tidewater Associates, Inc. for Cedar Point Developers, LLC Applicant Name fi Roy Brownlow, Applicant Signature n. (i) Will water be impounded? []Yes ®No ❑NA (ii) if yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? ®Yes ❑No ❑NA RECEIVED MAY 2 4,2022 DCM-MHD CITY 252-808-2808 :: 1-88"RCOAS7 :: www.nccoasWmzmastement.net revise.l: 1?J26106 From: Bodnar. Greoa To: eliiahmralmortontmckino.com Cc: Roy Brownlow: Stvron. Heather M. Subject: Cedar Point Developers LLC CAMA Permit Date: Thursday, July 28, 2022 1:15:00 PM Attachments: 79-22 Cedar Point Dev loners LC..odf R )d rnal ER -1558 Bridoe View Subdivision Cedar Point Carteret County .msa Afternoon all, Please see above for a copy of the permit. The original will be in the mail shortly. Please contact your field rep before construction to review the conditions of the permit and to familiarize yourself with the specifics of the permit. In addition, please refer to Condition No.1 of the permit detailing the need to satisfy requirements of the NC Dept of Natural and Cultural Resources, as indicated in their comments emailed to your consultant on 7/22/22 and attached above for reference. Once those requirements are satisfied please provide a copy of any documentation to the Division of Coastal Management. Regards, Gregg Gregg Bodnar(he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg. Bodna rtitncden r. eo v re [-� •11 Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, June 20, 2022 10:06 AM To: Roy Brownlow Subject: FW: EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC Attachments: ER-22-1558_Final.pdf Morning Roy, Please see above for comments from SHPO concerning historic properties within the project area. I was on leave last week and am just now going though comments, and I wanted to get these to you ASAP. Do to the needs outlined above I will be placing the project on hold as of today 6/20/22. Please accept this email as notification that the project has been placed on hold. When you have had time to review the comments and need anything from me please let me know. The comments provide contact info and needs to begin the site evaluation. Please keep me in the loop if you contact SHPO and as things move forward with the add info request. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg. Bod nar@ ncden r.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is hubject to the North Carolina Public Records Law and may be disclosed to third parties. From: DCR - Environmental_ Review<Environmental.Review@ncdcr.gov> Sent: Thursday, June 16, 2022 2:03 PM To: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: EXPRESS - New CAMA Major Permit Application - Cedar Point Developers LLC Our response is attached. Thank you. Best, Devon L. Borgardt Division of Coastal Management of Environmental Quality 6.1 :! Q IS.N:/i r..". 4! 1':fl; v (i.9f✓(:: (.9.! a'b Rep in your CAMA region. *'This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet - EXPRESS PERMIT APPLICATION (03/10/2020) Applicant: Cedar Point Developers, LLC clo Tidewater Associates, Inc. Date: 5/2522 Project Site County: Carteret Staff: Roy Brownlow District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Showboat Cottages Date of initial application submittal (EX: 1/8/2007): 52422 Date application "received as complete" in the Field office (EX: 1/82007): 52422 Permit Authorization: OCAMA 2dredge & Fill SBoth SITE DESCRIPTION/PERMIT INFORMATION PNA: 0Yes ®No Photos Taken: Yes Noo Setback Required (riparian): Yes No Critical Habitat: ❑Yes ®No ONot Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: []Yes ®No SAV: [_]Yes ®No ❑Not Sure Shell Bottom: Yes SNo Not TemporaryImpacts: ®Yes ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): LUP: ®Yes ❑No []Yes ®No Moratorium Conditions: LjYes NNo Environmental Assessment Done: ❑NA ❑Yes [!]No ® NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) High Quality Waters (HQW) El Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis Ll (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 0 III(A) Private w/ D&F up to 1 acre; III(D) Priv. public or Comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 0 Express Permit - $2000 aSi 3490 can be applied - $400 El Major development extension request - U U IV Public or commercial/no dredge $100 or fill - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Cedar Point Developers, LLC Date: 527/22 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet Activity Name Number TYPE Chhooese REPLACE ChDonose Dimension f Dimension 2 Dimension 3 Dimension 4 High Ground Disturbance 1 New Work ® Maint ❑ Replace ®Y [IN 702,897sf 702,897sf New Work Maint ❑ Replace ®Y ❑ N New WorkrF Maint ❑ Replace ❑ Y ❑ N revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Cedar Point Developers, LLC Date: 527/22 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. FL (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount High Ground Dredge [I Fill ® Both [I Other [3702,897sf 702,897sf 702,897sf 702,897sf Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/15/10 NC Division of Coastal Management Cashier's Official Receipt Received From:: (�f p6j,4 DewlQ�rS/ Permit No.: (tit ot 1 w- - Ex o rr�g5 Applicant's Name: 30M P, Project Address: 1160 ",- Poitif R 1 A 20356 A B (�b Date: 20 0 Check No.: '100 County: 60e+ Please retain t� t for r re ords as proof of payment for permit issued. Signature of Agent or Applicant: \ Signature of Field Representative: +� Date: Date: �"` EXPRESS PERMIT APPLICATION DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAMES: Cedar Point Developers, LLC c/o Tidewater Associates, Inc. LOCATION OF PROJECT SITE: The project is located at 1180 Cedar Point Blvd., Cedar Point, Carteret County. From Cedar Point follow Cedar Point Blvd. towards Cape Carteret for approximately 2.7 miles (14055 feet) until you see the Go Gas station on the right. Turn into the gas station or at the Bojangles light and follow the road to Coastline Circle. The tract is located directly behind the gas station. Latitude:34°40'49" Longitude:-76°04'12" INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 5/24/2022 Was Applicant or Agent Present —No Photos Taken — No PROCESSING PROCEDURE: Application Received Complete: 5/24/22 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — (2/6/2013) Land Classification from LUP — Vacant (future growth) (B) AEC(s) Involved: Coastal/Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Single Family Residential (E) Wastewater Treatment: Onsite wastewater systems (F) Type of Development: Existing — deteriorated non -habitable "fish" shack structure, remnants of derelict pier Proposed - 83 single family lots (34 within the section II area), common areas, retention basin, filling, grading, asphalt road surface, electrical service lines and water system installation. (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED Offsite (A) Coastal 702,897sf Shoreline (C) Total Area Disturbed: 16.14 acres (D) Primary Nursery Area: No (E) Water Classification: SA; ORW Open: Yes Field Investigation Report: Cedar Point Developers, LLC Cedar point, Carteret County Page 2 (F) Cultural Resources: None (G) Urban Waterfront: NO Project Summary: The applicant proposes to complete the upland development for the proposed Bridgeview subdivision (45.81-acre tract) located at 1180 Cedar Point Blvd. Narrative Description: The project property is a vacant tract that is generally open field and is contiguous with Bogue Sound, in Cedar Point, Carteret County. The property is bordered on the east by Bogue Sound RV Park and on the west by Magens Bay subdivision. The existing drainage ground surface flow is into Bogue Sound. There was an old house onsite but this has since been removed. There is currently an existing dilapidated old "fish" shack and remnant dock structure. According to the applicant these would be removed in the near future. The elevation of the high ground of the parcel is approximately 15' above the normal high water (NHW), is partially wooded with sparse vegetation and covered with grassy vegetation. The 45.81-acre tract has approximately 2,221.17 linear feet of continuous shoreline. There are joint 404 and coastal wetlands along the shoreline of the property and 404 jurisdictional wetlands in areas on the upland portion of the tract. The coastal wetlands and normal high water contour was delineated by a previous field rep. (Ryan Davenport) with DCM in July of 2021 and the 404 jurisdictional wetlands delineated by Haywood Pittman of Pittman Soil Consulting in January 2021. The 404 wetland delineation was submitted for approval by the USACOE under Project Action ID SAW-2022-00474 on February 23,2022 with final jurisdictional approval still pending by the USACOE at this time. This area is located within the Division of Water Resources White Oak River Basin area. The waters of Bogue Sound in this area are classified as SA; ORW. There is not a cultural resource within the project property. These waters are not classified as a primary nursery area and submerged aquatic vegetation was not observed at this location. This area is open to shellfish harvest. Construction of the subdivisions section I (north of the 575 boundary line) infrastructure was constructed with approvals from the town and the following agencies; • NCDEMLR Project ID; CARTE-2021-2021-8 • Stormwater; SWA-000127 • Public Water Supply: No. 21-00622 • NCDOT: No. E022-016-21-00171 Heather Styron May 26, 2022 Morehead City Field Investigation Report: Cedar Point Developers, LLC Cedar point, Carteret County Page 3 • USACOE: Project Action ID: SAW 2022-0474 Proposed Development: The entire Bridgeview subdivision project proposes 83 single family lots, six common areas which include a park, boat storage, offsite LPP septic for 8 lots, water access area to serve as amenities to the neighborhood and a constructed wetland area. Construction of the subdivision infrastructure has been completed landward, or north of the 575' AEC. The stormwater permitting for the project is subject to high density guidelines with a maximum of 24% impervious for section II project, with a maximum of 25% of impervious coverage within the 575' AEC. Each lot within the subdivision has a recorded restrictive covenant of 25% impervious coverage. Stormwater treatment would be provided through four infiltration basins, and one constructed wetland. Per the applicant these areas are currently rough graded and used as erosion control measures. The proposed wastewater treatment for the project would be provided by individual onsite septic systems at the time of home construction, except for eight lots, lots 35-42, which would be served by an offsite LPP system that would be located in one of the subdivisions common areas. The onsite soils were evaluated by Pittman Soil Consulting for both the stormwater BMP's and the individual septic systems. Coastal wetlands and 404 jurisdictional wetlands would not be impacted by this project. The entire tract is 1,995,410sf (45.81 acres). The BUA consisting of roads, lots (building envelope) and the mail kiosk for the entire tract would be 483,803 sf (11.11 acres). The total project area within the 575'AEC would be 702,897 sf (16.14 acres). The Total BUA in the 575' AEC for the roads and lots would be 175,274 sf (4.02 acres), or 25 % impervious coverage within the total ORW area on the property. The closest land disturbance would be approximately 150' from NHW. According to the applicant, no dredging or docking facilities are proposed as part of this submittal. This is due to not meeting the express criteria and the need to urgently resume work on the upland infrastructure due to financial commitments and deadlines. A proposed 9-slip community docking facility would be applied for through the major permit process in the future. Heather Styron May 25, 2022 Morehead City Field Investigation Report: Cedar Point Developers, LLC Cedar point, Carteret Countv Pane 4 Anticipated Impacts: The proposed section II infrastructure project would be within 575' of NHW. The closest land disturbance would be approximately 150' from NHW. Impacts would include temporary upland ground disturbance as a result of the infrastructure installation and the associated grading, filling and landscaping. If effective sedimentation barriers remain in place between the project site and the adjacent water body and a vegetative cover is in place, then there should be minimal impacts to the adjacent ORW waters. If the proposed work follows current adherence to the regulations and permits in place, then this should also help provide an effective level of protection. No wetlands would be impacted. Heather Styron May 25, 2022 Morehead City NTIDEWATER ASSOCIATES, INC. •• CEDAR POINT, NORTH CAROLINA BRIDGE VIEW SUBDIVISION, SECTION II UPLAND DEVELOPMENT CAMA EXPRESS PERMIT APPLICATION May 19, 2022 Project Narrative Introduction Cedar Point Developers, LLC is seeking an Express CAMA Major Permit to complete Section II of the upland development of Bridge View Subdivision's infrastructure within the 575' Outstanding Resource Water (ORW) Estuarine Shoreline in the North Carolina Coastal Resources Commission's Coastal Shoreline Area of Environmental Concern. The total tract is over 45 acres and the project would develop a total of 83 individual single-family residential lots. The property is located in the Town of Cedar Point, Carteret County adjacent to Bogue Sound. During the development of the first phase, the grading contractor inadvertently continued grading the gravel road into the 575' ORW Estuarine Shoreline Area of Environmental Concern. A Division of Coastal Management Field Representative visited the site and advised that all development activity in the 575' AEC had to cease until a CAMA permit was obtained. Since the project involves authorizations from NCDEMLR, NCDWR, and the USACE, Section II of the proposed upland development that is located with the Area of Environmental Concern, requires a CAMA Major development permit in order to be completed. Cedar Point Developers, LLC seeks an Express CAMA Major Development Permit to complete the final upland development of Bridge View Subdivision infrastructure consisting of the asphalt road surface, electrical service lines, drainage measures, and water supply lines for Section II. The development landward (north) of the 575-boundary included road grading and paving, erosion control and drainage measures, electrical service lines and the water system installation. Permitting Request Tidewater Associates, Inc., on behalf of our client, Cedar Point Developers, LLC, are seeking an Express CAMA Major permit application to complete the construction of the Section II upland area, including property that is within the 575' AEC. Please see the enclosed site plan for reference. The infrastructure proposed inside the 575' AEC includes road area for the outer loop of 'Coastline Circle" (50' right of way), lot grading, retention basin, and associated electrical utilities and waterline installation. All previous work has been done and the proposed work would be done in accordance with approved sedimentation and erosion, stormwater control BMP's and Coastal Management's authorized conditions. RECEIVED 604E Cedar Point Blvd. I Cedar Point, NC 28584 1 (252) 393-6101 MAY 2 4 2022 Firm License Number F-0108 I www.tidewaterenc.com DCM-MHD CITY Bridge View Subdivision Section II — CAMA Permit Application Narrative May 19, 2022 Page 2 of 4 It should be noted, there would be a proposed 9-slip community dock proposed for this property, however, the community dock cannot be included under this CAMA Express Permit Application due to eligibility requirements for Express Permitting. It is not the intent to piecemeal the project. The need is to urgently resume work on the upland infrastructure as soon as possible due to financial commitments and deadlines. Work had to stop due to the Division of Coastal Management's cease and desist order. Once a CAMA Major permit is obtained, then a Major Modification to that permit would be applied for to construct a nine - slip community docking facility in the immediate future. Existing Conditions Bridge View subdivision is a proposed single-family, 83-lot, private -residential subdivision with 6 common areas located within the Town limits of Cedar Point in Carteret County. The 45.81-acre tract is located at 1180 Cedar Point Blvd near the intersection of NC Highway 58 and NC Highway 24, south of the Bojangles restaurant and GoGas commercial sites. The property is owned by Cedar Point Developers, LLC, who are developing the Bridge View subdivision project with private funding. The proposed development for this permit application is the Section II upland area of the property waterward (south) of the 575' AEC line and involves 34 lots and 4 common areas. The property is located in the White Oak River Basin. The property is bordered on the east by Bogue Sound RV Park, to the south by Bogue Sound, to the west by Megans Bay residential subdivision and to the north by vacant commercial tracts and Hwy 24. This vacant property was previously owned by the Ennett family, with ownership dating back to the 18"h century. There are no national register or individual study list entries according to the North Carolina State Historic Preservation Office (SHPO), although there is one individual survey point shown on the SHPO GIS service listing a 1930s'Old Ennett Place" site. There is an existing deteriorated non -habitable structure identified as an "old fish cabin" by Bill Ennett (previous owner), which used to be located directly at the shoreline and extended partially over the water on pilings. A hurricane decades prior moved the structure to its approximate location. This 1930s structure (cabin) is planned to be moved offsite or demolished by the current owners. There was also a 1980s home on the property that has since been demolished. There are remnants of a relic and dilapidated pier on the southeast shop; of the property. There is also the remnants of a derelict pier consisting of pilings and few framing members on the shoreline remaining in Bogue Sound. The remnants would be removed in the near future. The site is generally open field (prior agriculture) and is partially wooded with sparse vegetation and covered with grassy herbaceous vegetation. This property was open field prior to initial construction for the Bridge View Subdivision Section I project which started in May of 2021. There is also a remnant boat launch area near the middle of the shoreline along the property, in the marsh, at or near the normal high water of Bogue Sound. The existing topography has relatively shallow grades, and less than 5% with 2% average. The site has an average elevation of 16'+l- above normal high water and naturally drains to the southwest into Bogue Sound which is classified as SA; ORW. The ORW classification establishes a 575' area of environmental concern (ARC) from the normal high water of Bogue Sound that is managed by the Division of Coastal Management (DCM). There is 2,221 linear feet of shoreline on this property and there are 1.38 acres of coastal wetlands on the property at or near the normal high-water line. There is joint 404 and Coasja6CEIVED MAY 2 4 2022 DCM-MHD CITY I Bridge View Subdivision Section II — CAMA Permit Application Narrative May 19, 2022 Page 3 of 4 Wetlands on the shoreline of the property and upland area of non -coastal 404 wetland. The Coastal Wetlands and normal high water delineation was done by [then] DCM Field Representative Ryan Davenport in July of 2021 (see CAMA NOV Case No. 18-21C) and the 404 wetlands were delineated by Haywood Pittman of Pittman Soil Consulting in January of 2021. The 404 wetlands delineation was approved for submittal by the USACE under Project Action ID SAW-2022-00474 on February 23, 2022 with final jurisdictional approval still pending by the USACE at this time, Construction of the subdivision's Section I (north of the 575' boundary line) infrastructure was constructed with approvals from the Town of Cedar Point for the subdivision and land disturbing activity with NCDEMLR, Land Resources Section, authorization under Project No. CARTE-2021-018 for a total of 42.1 acres of land disturbance. The public watermain extension is authorized under NC PWSS ID No. 21- 00622. The local water utility is West Carteret Water Corporation who is providing the water supply for the project. The stormwater system is authorized under State Stormwater Project No. SWA 210817. The land disturbance approval included areas within the 575' AEC, which was inadvertently disturbed while installing the road base and installation of erosion control measures for the proposed subdivision design specifications. This partial construction in the 575' AEC was done unknowingly of the need for additional DCM approval and resulted in Notice of Violation by the Division of Coastal Management (CAMA Case No. 21-18C) on July 30, 2021. The property has been restored and was confirmed by DCM staff on October 11, 2021. The case has since been closed and resolved. No other work or development activity has taken place within the 575' AEC since the cease and desist order was issued. Proposed Development The entire Bridge View subdivision project proposes 83 single family homes, and six (6) common areas which include a park, boat storage, off -site LPP septic for 8 lots, water access area to serve as amenities to the neighborhood and a constructed wetland area. Construction of subdivision infrastructure is completed landward, or north of the 575' AEC landward extents. The stormwater permitting for the project is subject to high density guidelines with a maximum of 24% impervious for the Section II project, with a maximum of 25% allowable impervious surface within the 575' ORW AEC. Each individual lot within the subdivision has a recorded restrictive covenant of 25% impervious coverage. (Please see the attached "Bridge View Lot BUA Chart— November 2021" and attached recorded covenants). Stormwater treatment would be provided through four (4) infiltration basins, and one (1) constructed wetland. These areas are currently roughed graded and used as erosion control measures. Wastewater treatment for the project is to be provided by individual on -site septic systems at time of the individual home construction, except for eight (8) lots, lots 35 through lot 42, which would be served by an off -site LPP that would be located within one of the subdivision's common areas. The onsite soils were evaluated by Pittman Soil Consulting for both the stormwater BMPs and individual septic systems. Coastal and non -coastal Federal Jurisdiction wetlands would not be impacted by this project. The entire tract is 1,995,410sf (45.81 acres). The built upon area consisting of roads, lots (building envelope) and the mail kiosk for the entire tract would be 483,803sf (11.11 acres). The total project area within the 575' ORW would be 702,897sf (16.14 acres). The total built upon area in the 575' ORW for the RECEIVED MAY 2 4.2022 DCM-MHD CITY Bridge View Subdivision Section II — CAMA Permit Application Narrative May 19, 2022 Page 4 of 4 roads and lots (building envelope) would be 175,274sf (4.02 acres), or 25% impervious coverage within the total ORW area on the property. Anticipated Impacts The subdivision infrastructure for Section II installation activities would be within the 575' of the normal high water (NHW) of Bogue Sound. The closest land disturbance would be 150'+/- feet from NHW. Impacts include temporary upland ground disturbance as a result of the infrastructure installation and the associated grading and landscaping. Effective sedimentation barriers and measures between the project site and the adjacent waterbody would remain in place until a vegetative cover could be established. There would be no wetlands impacts. The proposed design limits impervious cover to 25% and recorded deed restrictions limit each individual lot to 25% impervious cover. The existing topography has relatively shallow grades, and less than 5% with 2% average. The site has an average elevation of 16'+/- above normal high water and naturally drains to the southwest into Bogue Sound which is classified as SA; ORW. The waters in this area are open to the harvest of shellfish and is not a primary nursery area. The nature of the single-family residential development along with the proposed work following adherence to the regulations, practices, and services would provide an effective level of protection resulting in no adverse impacts on coastal resources. Existing State and Federal Authorizations • NCDEMLR Project ID: CARTE-2021-2021-18 • Stormwater: SWA — 000127 • Public Water Supply: No.21-00622 • NCDOT: No. E022-016-21-00171 • USACE: Project Action ID: SAW 2022-0474 DWR Statements: This proposed project meets the "no written concurrence" as per GC 4175. Please note the following statements: The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and act on this CWA 401 certification request within the applicable reasonable period of time. Authorized Agent Signature: 1 °, Roy Brownlow, Environmental Specialist Tidewater Associates, Inc. Date: May 19, 2022 RECEIVED MAY 2 4 2022 DCM-MHD CITY Tidewater Associates, Inc. on behalf of Cedar Point Developers, LLC, submits this application for a CAMA Major Permit for Bridge View Subdivision, Section li, and affirms to our best belief and knowledge, this proposed development: Meets the "No Written Concurrence" as per GC 4175, or there is no fee split, and does not have to X file a pre -filing meeting request, but the two statements are included in the information submitted by — the applicant. Requires a "written concurrence;' as indicated by below (Check Applicable standard): Note: the date of either option below must have been 30 days prior to the date of submitting the CAMA Permit as Complete. A prior scoping meeting with DWR staff regarding this project was held on: DWR was present and Water Quality was discussed. 7:7 The Applicant has visited the following link at httos://edocs.deo.nc.aovlFormsipre / Filing -Meeting -Request on this date: •/ and the applicant has supplied the confirmation email verifying this request. Applicant / Authofted Agent Date: Qet4AitA- A-%X rA-uo , (NC. Regardless of the above scenarios, BOTH statements are included at the end of the CAMA Project Narrative: • The project proponent hereby certifies that all Wormation contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable'reasonable period of time. RECEIVED MAY 2 4 2022 DCM-MHD CITY DWR GC 4175 Proposed activities meeting any one (1) of the following thresholds or circumstances DO require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR) and must comply with the pre -filing meeting provisions for early coordination in the water quality certification process: Note: Activities authorized by CAMA General Permits .1100 through .2600 are exempt from this requirement. N/A 1. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of more than 500 square feet total of wetland and open water area, or the excavation or filling of coastal wetlands (per 07H .0205) of more than 100 square feet. N/A 2. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) do not tie into existing bulkheads, land or other shoreline protection measures, or (2) extends watenvard of the normal high water or normal water line more than 10 feet, or the activity will involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts more than 500 square feet total of wetland, or the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) that exceeds 100 square feet; N/A 3. Living shorelines/marsh sills where (1) the landward edge of the sill extends waterward of the normal high water or normal water line more than 30 feet or more than five feet watenvard of the existing wetlands whichever distance is greater, (2) the activity will involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does result in any fill landward of the toe of the sill alignment. N/A 4. Piers and docks designed to accommodate exceeding 10 vessels (except where prohibited in ORW Waters as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is less than two feet of water at normal low water level or normal water level (whichever is applicable). N/A 5. Maintenance dredging of more than 0.5 acres (21,780sf) of open water or non - vegetated wetlands of undocumented or previously dredged areas, or SAV or shellfish beds are excavated or filled. N/A 6. Projects that involve only shading of waters or wetlands that meet the criteria listed in item 4. above. N/A 7, Wastewater lines and potable water discharge lines which are subject to an NPDES Permit, where all impacts are not temporary. N/A 8. Upland development which involves more than 1/10 of an acre (4,356sf) of excavation or filling of non -coastal wetlands, or more than 2,000 square feet of the non -coastal excavation or filling within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures. N/A 9. Single family home construction that results in fill of 404 wetlands and written concurrence is required from DWR for the applicable Corps of Engineers Nationwide Permit. RECEIVED MAY 2 4 202P DCM-MHD CITY N/A 10. Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Director's recommendation on the application for public notice or denial; or N/A 11. Any stream relocation or stream restoration; or N/A 12. Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and • Proposes permanent wetland, stream, or open water impacts; and • Proposes new built -upon area; and Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater programz. N/A 13. Prdjects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs require written approval; or N/A 14. Any impacts to SAV or significant shellfish resources as identified by the (DMF); or N/A 16. Any impacts to Unique Wetlands (UWL); or N/A 16. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300). NC_ Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or N/A 17. Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: • The activities are listed as "EXEMPT' (does not exceed threshold criteria in items no. 1 -9 above) from these rules; or • A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or • A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. 1 e.g. Coastal Counties HQW, ORW, or state implemented Phase II NPDES Z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program RECEIVED MAY 2 4 2022 DCM-MHD CITY Copy of Form DWR - Wetlands - New Project Submittal Subject: Copy of Form DWR - Wetlands - New Project Submittal From: laserfiche@ncdenr.gov Date: 4/19/2022, 5:43 PM To: rbrownlow@tidewaterenc.com Thank you! Your Pre -Application Submittal has been submitted for Bridge View Subdivision Section II. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. You're receiving this email because someone requested that you get a copy of this form. —Attachments: Project Submittal Interim Form.pdf 128 KB RECEIVED MAY 2 4 2022 DCM-MHD CITY 1 of 1 4/19/2022.5:51 PM Submission Completed https: Hedocs. deq, nc. gov/Forms/Form/showforTnsubm ission/9 a3 0654b... Project Submittal Interim Form Updated September 4, 2020 NDRTH CARO:INA Fnrtromlmbl Qvdlry Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/19/2022 Project Contact Information Name: Who is submitting the information? Email Address:* RBrownlow@TidewaterENC.com Project Information Project Name: * Bridge View Subdivision Section II Is this a public transportation project?* Yes c No RECEIVED MAY 2 4 2022 DCM-MHD CITY 1 of 3 4/1912022. 5:49 PM Submissiori Completed https: //edocs.deq.nc.gov/Forms/Form/showfonnsubmission/9a30654b... Is the project located within a NC DCM Area of Environmental Concern (AEC)7 o Yes No Unknown County (ies)* Carteret Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document DWR Pre -File Site Map.pdf 370.69KB BridgeView. Section I I_Upland_Development_Expr... 95.14KB Only pdf or kmz files are accepted. Describe the attachments or add comments: * DWR Pre -Filing Site Map (Yellow highlight is the proposed infrastructure development (road) and utilities. * Project Narrative to be submitted with CAMA Major permit application Submitted by Roy Brownlow, Environmental Specialist, Tidewater Associates, Inc. (252) 393.6101, RBrownlow@TtdewaterENC.com * By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. ■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature:* Submittal Date: 1?1 syowti/ow Is filled in automatically once submitted. RECEIVED MAY 2 4 2022 DCM-MHD CITY 4/19/2022 5.49 PM Loan Number 8032622693 FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC December 17, 2020 8:38:33 AM C/SAT # Pages:1 Fee:$0.00 NC Revenue Stamp: $0.00 FILE# 1700403 J. gw&�b SATISFACTION OF SECURITY INSTRUMENT Submitted electronically by Nationwide Tide Clearing, Inc. in compliance with North Carolina statutes governing recordable documents and the terns of the Submitter Agreement with the CARTERET County Register of Deeds. GS 47-14 (al) (5) The undersigned is now the secured penholder of the Security Instrument identified as follows: Type of Security Instrument: Deaf of Trust AS NOMINEE FOR KELLER MORTGAGE, LLC DBA KELLER MORTGAGE, ffS SUCCESSORS AND ASSIGNS Recording Data: The Security Instrument is recorded in File # 1667183, in the office of the Register of Deeds for CARTERET County, North Carolina. Loan Amount: $219,632.00 This satisfacticu extinguishes the underlying obligation secured by the Deed of Trust and terminates the effectiveness of that Deed of Trust Dated this 17th day of December in the year 2020 NOMINEE `WILLIAM E VICE PRESIDENT All persons whose signatures appear above have qualified authority to sign and have reviewed this document and supporting documentation prior to signing. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization on this 17th day of December in the year 2020, by William Eleazar as VICE PRESIDENT of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS BENEFICIARY, AS NOMINEE FOR KELLER MORTGAGE, LLC DBA KELLER MORTGAGE, ITS SUCCESSORS AND ASSIGNS, who, as such VICE PRESIDENT being authorized to do so, executed the foregoing insuument for the purposes therein contained. He/she/they is (are) personally ]mown to me. �W!{XaF[/e/irC/ g0 NG\ JULIE IMa7ENi /S, el NouryNEIuSute olfMidr LJJ JUL MARTENS '. ? F, CoalnW.IGG22fa59 \o.rvl. ay Cantu. Erpint ary R, laR COMM EXPIRES: 5/22/2022 amded Mmsh N.M.1 Naay As.. Document Prepared By: Dave LaRose/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34M (SM)346.9152 When Recorded Return To: PennyMac Loan Services, LLC, C/O Nationwide Tide Cleating, Inc. 2100 Alt. 19 North, Palm Harbor, FL 34693 PNMRC 419951087 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) MIN 100410512061093361 MERS PHONE 1-888-679-6377 MERS Mailing Address: P.O. Box 2026, Flint, MI 48501-2026 DOCR T172012-12:19:44[C-2] ERCNNCI IHill Nil 1111111111111111111inIrl11111111 1111111l0111111I 11111111111111411111 RECEIVED MAY 2 4 ,2022 DCM-MHD CITY FOR REG iRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC December 23, 2020 10:31:45 AM DEED # Pages:3 Fee:$26.00 NC Revenue Stamp:$2,800,DC FILE# 1701403 WARRANTYDEED PREPARED BY: COMES LAW FIRM, PLLC, 911 ARBNDELL STREET, MOREHEAD CITY, NC 29SS7 RETURNTO: GOPNES LAW FIRM,PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC x8547 STATE OF NORTH CAROLINA COUNTY OF CARTERET Excise Tax: $ 2,$00 00 Parcel #: 539413031785000 THIS WARRANTY DEED made and entered into this 21 day of December, 2020, by and between: Andres Wilmoth and husband, RandyWilmoth 144C1atHolland Road Stella, NC 29582 (GRANTOR) and Cedar Point Developers, LLC A North Carolina Limited Liability Company 166 Center Street Jacksonville, NC 28546 (GRANTEE) The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigas and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: Thet the GRANTOR for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in CARTERET COUNTY, North Carolina and more particularly described as follows: Submitted electronically by 'cook Legal, fLLC' In compliance Kith North wralin. statutes governing recordable documents and the terms of the submitter Mmemm: with the Carteret county Register of Deeds. Q N o U j W 2 U W Sea Exhibit "A" } T c Q' This IS X—NOT _ the primary residence of the Grantor. Q The above -described property is conveyed and accepted subject to such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. BY: 3 (SEAL) Andrea Wilmoth BY: A / lb� (SEAL) Randy W oth STATE OF NORTH CAROLINA COUNTYOF L4rc rr.,e ore I, a Notmry Public of the county and state aforesaid certify that Andrea Wilmoth and Randy Wilmoth personally appeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and official stamp or seat, this dayof 2020, My commission expires: 9-' - r 00 2s4 CHRISTOPHER W COOK NOTARY mIBUC Carteret On.* Nodh Carolina My Commlasbn Expires Aug. 22, 202A Notary Public /I16edraelFUC U. CootC Printed Name of Notary Exhibit 'A' Being that same property identified as 'Andrea F Wilmoth' and depicted on that plat recorded in Map Book 34, Page 121, Carteret County Regisbysaid plat being referenced here for a more particular description. Further described in Book 562, Page 496, Carteret County Registry, bearing PIN is 538413031785000, and being approximately 4.27 acres. This being the same property conveyed to Grantor in Book 562, Page 496, Carteret County Registry. 0 w w U W FOR REC RATION REGISTER OF DEEDS a Karen S. Hardesty LLI o % N Carteret County, NO December23, 2020 10:31:45 AM W DEED # Pages:3 cl See Exhibit „ A" Fell NO Revenue Stamp:$2,800.0E IU FILE # 1701404, This IS _ NOT _YX the primary residence of the Grantor. i The above -described property is conveyed and accepted subject to such easements, restrictions and rights ofway as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. WARRANTY DEED PREPARED BY: GOINES LAW FIRM, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 29557 RETURN TO: GOINES LAW FIRM, PLLC, 911 ARENDELL STREET; MOREHEAD CITY, NC 28557 STATE OF NORTH CAROLINA COUNTY OF CARTERET Excise Tax: $ 7800. CO Parcel*., 537412956216000 THIS WARRANTY DEED made and entered into this 20 day of December, 2020, by and between: Andrew D. Ennett, III and wife, Jeannie Ennett 144Curt Holland Road Stella, NC 28582 (GRANTOR) . and Cedar Point Developers, LLC A North Carolina Limited Liability Company 166 Center Street Jacksonville, NC 28546 (GRANTEE) The designation GRANTOR and GRANTEE gas used heroin shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the GRANTOR, for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and conveyume the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in CARTERET COUNTY, North Carolina and more particularly described as follows: Submitted electronical IK by -Cggk Legal, PLLC' in c=11snce mith Borth Carolina statutes governing recordable documents and the terms of the submitter agreement with the tarteret county Register of oeeds. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the premises in fee simple, has the right to convey the same in fee simple, is marketable and free and clear of all encumbrances, and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the trap referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. B (SEAL) Andrew D. Ennett, III BY C 4JAi[. A L.ttAEAL) 7e ie smelt STATE OF NORTH CAR9LINA COUNTY OF Q�i/ 1, a Notary Public of the county and state aforesaid, certify that Andrew D. Ennett, ID and Jeannie Enneh personally appeared before me this day and acknowledged the execution of the foregoing instrument. _ /- • ' Witness my hand and official stamp or seal, this_�'(_dayof % .U!"t'Y ,f'.�2202200.. .uaoE'K PAN HPy9� o tjt Public M commry Pamro �' Li7/7E. K onerow ted Name of No county tart �Pa %y0 rrnnnnntol, U 0 a o W v o �- () Fxhibit'A" W N V� _ Being that same property identified as 'Andrew D. Ennett M" and depicted on that plat recorded V N y in Map Book 34, Page 121, Carteret County Registry said plat being referenced here for a more cr particular description. Further described in Book 616, Page 393, Carteret County Registry, V bearing PIN t. 537412956216000, and being approximately 26.39 acres. 0 This conveyance is subject to a right of way reserved unto Margaret Hurst and A.D. Ennett, Jr. and their heirs, successors and assigns, as described in Book 564 Page 496, Carteret County Registry. This being the same property conveyed to Grantor in Book 616, Page 393, Carteret County Registry. FOR REG RATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NO December23, 2020 10:31:45 AM DEED it Pages: 5 Fee:$26.00 NC Revenue Stamp:$1,400.0C FILE# 1701405 o W W WARRANTY DEED W PREPARED BY: COINER LAW FMM,PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 ir REIVRNTO: CORM LAW FIRM,PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 STATE OF NORTH CAROLINA Excise Tax: $ (riMM COUNTY OF CARTERET Parcel #: 537412958499000 THIS WARRANTY DEED made and entered into this 70 day of December, 2020, by and between: Richard Hurst and wife, Kathy W. Hurst 3475 Coleman Road Memphis, TN 38129 and Weston B. Hurst and wife, Marie Hurst and Charlotte Harper, unmarried (GRANTOR) and Cedar Point Developers, LLC A North Carolina Limited Liability Company 166 Center Street Jacksonville, NC 28546 (GRANTEE) The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by Context Submitted electron`IM14 by "Cook Legal, PLLC" in compliance mith North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret County Register of Deads. WITNESSETH: That the GRANTOR for a valuable consideration paid by the GRANTEE, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto }the GRANTEE in fee simple, all that certain lot, tract or parcel of land situated in CARTERET N IF" COUNTY, North Carolina and more particularly described as follows: No Q See Exhibit "A" �r GV X This IS _ NOT X the primary residence of the Grantor. Qr � The above -described property is conveyed and accepted subject to such easements, V restrictions and rights of way as appear of record in the Carteret County Registry. Q TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the GRANTEE in fee simple. And the GRANTOR covenants with the GRANTEE, that GRANTOR is seized of the promises in fee simple, has the right to convey the same in fee simple, is marketable and fire and clear of all encumbrances, and that GRANTOR will warrant and defend the tide against the lawful claims of all persons whomsoever excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. BY: ,�.� ��4� (SEAL) Richard Hurst BY: ) t aa- (SEAL) Kathy Hikist STATE OF -Tl rjWsSee COUNTY OF 91`P 1YL3� L a Notary Public of the county and state aforesaid, certify that Richard Hurst and Kathy Hurst personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand andofficial stamp or sea[, this 1]_dayofD�(� 2020. Q�- Nouu6f Public :yy:- `�,�, MyCommissionexpires: cogs'y �K\\2QfllUl'x1 OF ,TL1Tlt7.l�21 TENNFBaaf i Printed Name of Notary ' NOUm iy„ ' ni•. pasta ,tm. Ny fXp. 1gLt1� BY: (SEAL) eyttIo'n B. Hurst AW L 1 (SEAL) mhldeHunst�j STATE OF NO, TH CAROLINA COUNTYOF l ��.404 4 I, a Notary Public of the county and state aforesaid, certify that Weston B. Hurst and Marie Hurst personally appeared before me this day and acknowledged the execution of the foregoing in uument. 4y�s� Witness my hand and official stamp orseal,this Nayof \)C(fY1lMv, .2020. (ml., SCa(�+ a°'E S.Cp 'Notary Public Myeovunission expires: rv� �S,OTAR}" �,' nC.ame Notary }f •{7�. 2.{ _ Printed Name of Notary kafT CO�Nn'° BY: Ch. ,: ✓Je IJ.."n. (SEAL) Charlotte Harper � STATE OF TexctS COUNTY OF I, a Notary Public of the county and state aforesaid, certify that Charlotte Harper personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, 2020. Notary Public M commission exptras: c 2 4 >-Z &D tie Ue ii � Printed Name of Notary d LILLWrIA noaE NEnn100E t .Nepry Pd>fic Shied Terns Comm. E.prc%s 05-22-2023 NOTARY IOh 151022871 V W W W N d ry Q S G } F- Exhibit"A" 0 0 (� W2: 0 Being that same property identified as 'Hugh R. Hurst Et AI" and depicted on that plat recorded --d4 in Map Book 34, Page 121, Carteret County Registry said plat being referenced here for a more w Cq particular description. Further described in Book 562, Page 496, Carteret County Registry, U r bearing PM #,.537412958499000, and being approximately 15.15 acres. Ly,1 Q This being the same property conveyed to Grantors in Book 562, Page 496, Carteret County Q Registry. .... AR.. c..Xn.eM 1 Cwn6ime.n6 AD.ENNETT,JR. HEIRS ��w ( 1 Tr«h pRC,d�.rPe�ne BwW.rd °� yr^ ll--•� Asdmr0.6wu111$ Mn.6 WOmaN gNWYx.^L&N `� a ,�. Wl6 IYIMOM e �lOr BELLAND PXILLIPS RECEIVED MAY 2 4.2022 DCM-MHD CITY nolenle A'..TEPET COIINtt 40 CARPL Oake 10/24/0003 Tfee 13-34a00 oR 102A030 Oage t of 4 NORMCAR0.1Xq LNRFAEffAVNfT 4RTE0.ET C011XfY -)Wan e�ymnea I4Z30 tetzerzaa mnlW Tahlan�ry� Iiwlm,nlaeE iry-o,ry fiE0.00r me BeMWPMaammY.,M1W aq Grc utlF 'elder �ib� Eeele. iaa P9a Mn.V. a eey 1� pRoo.. ANORHNRNirkNwae, IDYlryi I— Marc, P.I*'P.O teem wOon. HC )t1R1 Y NOIITL A 011 A P.e ,, Sr37✓ CAILTIsRE'f COIIMN TINS DM. nude not mimed into thin the lamed day of 0etebor NO3, by and between VACATIONVRI.AGAING,•NmmNCwliva t-Pmfnion, putt' ante f spat: -TO CAPE WOROl,TM0PMtTIPS, LLC,.NOM Carolina Amircd Asbilirymmpary,-hex eddmooC N-AAmaddl Stmnt,Motdeed Cb,W 28557,paty0ftheeomndpaS ITNFRCPTrt Thu said perry of the Am Pen in Comidembon of the one of ONE HONDRBO AND NW100 (8100.00) DOISARS end other goad and veluable comidmliom W it paid by said A" of the mono, Arcs, the receipt of wAiN u AemLy end^wletlgei, have ber8nined and eoltl, end by flume Amounts do grant, lu pin, sell, and emum, to eeid pony ofthu mend Pen. ih auameom end migus. A cumin Van or petrel of Wed. lying And bong in the Town of Cuter Pound. White One Tmmebi" Careet County, Nonh Cerolin% end being mom pantinduly d bd he Pxhlbit A inconpmatM Amin by rtfamce. TO HAVE AND TO HOW du ammaid Aaa or panel of lend, and all pdv0CM and ROWARn, ]TALLMLXP8nM49YiSOX, P.A AnamePeu4n n..aa.,Xweoma.. imt-L2-L4 RAGE l p, yipatm.am thetent be[..&, to the mid"of the ac®d pal its rvoaeom end assign-, in fee simple, W its Only me and behoofforcer. AM me said any of tie feet pat fen itrclfand its -uccevaors vnd aaigen%eovananu with the -aid p.Met tlu to mtd part, its t0cnesaon and in, th. it in zeiwl of said Prmden u 1he end Ass the right to come, On fa aimplu tint the ame m fine and chic Amon dl uncundene .. except a eboye ea out: and then it hereby fartea wen ant, aid will fomvef defad Ate title On Ron seem 'imtthe claim; of ell P.. Ain- mm. W TES'@dONY W18EREOE, the said puny of the fion put, In. uaund tNe Dad undo ¢eL dils dry end year th-t obmu, w,ltm VACATION VI 03, D, DIC�� BY:��'s,<is ALJ Tfn n.. e[mdamt ATTCaSf� C /1 TITLE: AeeLunf Seers (SEAL? STATEOPNORTHCAROLINA CODNCY OF t. 1, A ... y caevlce . a Notary Public of the County and Stine ecumid, noddy Ann ao.... Xela. poomully came before me this day end en'mowledged tha_he is e.ef Seenven, ofvaeadm Village, bec., a NmO (1m0ve wnpomlim, end that by aun miry duly given and at the act of the empmdon, the fort Wine Woumanent evnn aigtml in in vane by its _ Pmident,e - M ..m and afmte i by him/oer ss- ie ee.tsmeu,.. WITNPSS Al.and olAualahmpweW,th daymC oao . pion '* LIO f mt,�;:,P�` IIOIVARU,STALLIXGRaXOMfl90]SON.PA . A�bnryeut+w mBtry Xena CaMWa BOOK—L0I2—_ PAGE L } Q N w U > p Uj U O • I�Yf'ii� ill'(✓.\;�v�'+i Tian f gain ccrtigets of u wGBd b be wren Ilia iewmenc we presented. for re®atleliov Nis day and hoe aed duty tmNd in the oiflm ofthe Reg finer officds ofCenaet Counly. Nelson CwIma m Booker Page_ BY: BEc:tts OF DB95.S AuulanUDepoty 1IOw1Y0.6sak d Finast4Rdrgsa PA Ily 4aumarsa. X .ga O�e0ea 10 /t lsaMlt�l le�at_L� ®O®RA Being all of Best ceYmiv Vast of panel of I41M beginning 9 a point which is South ]I degree 53-36" Eav 28.36 fat, sod thence South 68 degiass 00'24" Wa1459 fast Rods a Set Mail Nail at 0w intmallon oftM cmtmline a[N.C. Highway24 and N.C.SR 1113;lHB aFROM SA pot OF BBli N G: South 21 degrca 5916"Bast MS.M fw to a new has rod; Nmce Nodh 62 dogReslB'IT' Wat 342.60 fast to no cisting iron pipe in the Southern bouri of thc dgh4a&way of N.C. Highway 24; dici along and with said boundary NoNr 68 degrees 00'N" Bill e24.98 fro to me paint said place of begiamr& containing 6B mars mom or lots, 0 come perdcularly et forth on that cedein survey for Cape Inokuut properties, by Cyrus Nm Bell, dalcd MaY22.2003. XowaR0.ar.V11Xu a0.aMg 9Vt6P4 rA bnneedsea � I,X�w^'Grvq MMO dw a^�C /Vn SOOK.JS� PAGF 0 W U W Cr U W o () uca6n � 1J O' xLP.-NEW LWN PA^£ �u.i nu.o ro axes ea �winvxe' C f 24 .4y� pO N N.G HWY. (100' 3�n'TN2�0in&� u eera^ Pint HWdxrin CCedr t N Y T R[ef 4O 0 ryq CLp. ISIOY HY ♦ l8LIL1GI ELR �° � 4 � QI V to See1e intoft, Yap —Not E Fit Va.U. VB1ege, fay — ffir. 967, PC. 376 Fsrs arm. BAY ara. ze, Pe. eaP 9 ♦•♦♦ u fe�p M PmPw.,. L,G a EIR. a r Sbc Tmm L.n. x/P. / M' s 9eoo / H/P' u x,gerl, N.C. 1B5r4 f1 Dame R'n h:.'.TIA/Ts50�s5xo � o� snnvsoss*000 Nop x�mm nzasnTAaa, en=w Pcem /ie/zass ras Pur a O'A srwrer nar a An Reivlmx To rNE mxN o' ®w vowr somrsw ¢vowwcE o \ ,na�9. er rExc" .) x. ,as w.vome u �L �� � \ 5) /Rhieric+c 8k I[GO•. uM/R9�Y 2 hnf G Parcel H 6.895 does \ rw � EyQ E1R \ s a4Ln24W uJ5' 4 rnt16 IUN 811. P.Pv,55dYaL T WSVRYEtt1F NEF£H/ 6AlRY PMT AI6 NAT a Cf A SllRt2Y Ni<r a Q' AA9ML4 GIELSMI: 3.nf AS A .H4pld�'MM1N l7F -IFRI PAAC4; W R[fMO'I lO M OFflNTOH OF A uo/ry S r311'i9'N 162A EIP. P M rvPn aaArrov a¢usm x Nv aar �' p¢ '+�E ]lry4�GI u�L06tDY�L. 80/R A OC _tea a FzrarE.F Burr ov nnan/ oiroLra p1W(Y LP owman EC.LNc LxWnr aer¢m or Y95 Nl SPa6% F41'aYl&x/S FRc REf89MM:. EQa31GIRM' a MaED MR anew ear RP' us. ze. Pe. ezz . £Lft 5 L4W'21 SI9.A' I 1 d. D. Fnnett, S Hk, 616, Pg. 99B Vacation Yi1INge, Ina. BY. 1024, Pg. 6 r p c m 0. ti ♦6l ` 'N O t aa� o m a o m Vv Date 10/30/12 , jF"` fl1E137i64 p oLt 0.3671e w VA Ntl, 181E 9 'go 02622 Drown CAS LOLi:73.ki Ltt 61 IP FILE t =4 kale 1 � = loo, $heat ---- 19�900 -'� 1 of 1 3}, aaF SOSID: 2091801 Date Filed: 12/4/2020 12.15:00 PM State Of North Carolina Elaine F. Marshall Department of the Secretary of Stat North Carolina Secretary of State C2020 339 00166 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: Cedar Point Developers, LLC (See Item lof the Instructions for appropriate entity designation) 2. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both by checking all applicable boxes.) Note: This document must be signed by all persons listed. Name Business Address Capacity Faleris Law Finn, PLLC - 413 Johnson Blvd. Jacksonville NC, 28540-5428 United States ❑Member DOrganizer ❑Member ❑Organizer ❑Member ❑Organizer 3. 4. 5. R1 The name of the initial registered agent is: Steven M Kellum The street address and county of the initial registered agent office of the limited liability company is: Number and Street 166 Center Street Jacksonville State: NC ZipCode: 28546-5707County: Onslow The mailing address, if different from the street address, of the initial registered agent office is: Number and Street State: NC Zip Code: County: Principal office information: (Select either a or b.) a. OThe limited liability company has a principal office. The principal office telephone number: (910) 938-5900 The street address and county of the principal office of the limited liability company is: Number and Street: 166 Center Street RECEIVED City: Jacksonville State: NC Zip Code:28546-5707 County: Onslow MAY 2 4 2022 DCM-MHD CITY BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 The mailing address, if different from the street address, of the principal office of the company is: Number and Street: City: State: NC Zip Code: County: b. ❑ The limited liability company does not have a principal office. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. 8. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the ,....n 00. ....... Name Title Business Address Steven M Kellum Managing Member 166 Center Street Jacksonville NC, 28546-5707 United States James E Maides Member 166 Center Street Jacksonville NC, 28546.5707 United States 9. (Optional): Please provide a business e-mail address: ' The Secretary of State's Office will e-mail the business automatic y at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: This is the 4th day of December , 2020 Faleris Law Firm PLLCOrganizer Faleris Law Firm, PLLC Signature Beth Faleris President Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item #2 above. Signature Signature Type and Print Name and Title Type and Print Name an Title NOTE: RECEIVED 1. Filing fee is $125. This document must be filed with the Secretary of State. MAY 2 4 2022 DCM-MHD CITY BUSINESS REGISTRATION DIVISION P.O. BOX 29622 Raleigh, NC 27626-0622 (Revised August. 2017) Form L-01 2. (Continued) Persons e�,.,cuting these articles - Cedar Poili, Developers, LLC Elijah T Morton - 166 Center Street Jacksonville NC. 28546-5707 United States Chris G Whaley - 166 Center Street Jacksonville NC 28546-5707 United States Danny L Whaley - 166 Center Street Jacksonville NC. 28546-5707 United States RECEIVED MAY 2 4 2022 DCM-MHD CITY LIMITED LIABILI I Y COMPANY ANNUAL KEPORT t... ■ 1012017T NAME OF LIMITED LIABILITY COMPANY: Cape Lookout Properties, LLC SECRETARY OF STATE ID NUMBER: 0605111 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR:. 2020 SECTION A. REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Reitz, Daniel J. 2. SIGNATURE OF THE NEW REGISTERED AGENT: - Filed Annual Report 305111 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 11:30 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 1601 Shepard Street 1601 Shepard Street Morehead City, NC 28557-4047 Carteret County Morehead City, NC 28557-4047 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investments 2. PRINCIPAL OFFICE PHONE NUMBER: (252) 241-5112 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 1601 Shepard Street 1601 Shepard Street Morehead City, NC 28557-4047 Morehead City, NC 28557-4047 6. Select one of the following if applicable. (Optional see Instructions) ❑ The company Is a veteran -owned small business RECEIVED ❑ The company is a service -disabled veteran -owned small business MAY 2 4 2022 SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) DCM-MHD CITY NAME: Daniel J Reitz NAME: TITLE: Manager TITLE: ADDRESS: 1601 Shepard Street Morehead City, NC 28557 ADDRESS: UXT1134 TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a personibusiness entity. Daniel J Reitz SIGNATURE Form must be signed by a Company Official listed under Section C of This form. Daniel J Reitz Print or Type Name of Company Official 2/12/2020 DATE Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division. Post Office Box 29525, Raleigh, NC 2762M525 Page 1 of 3 Type: CONSOLIDATED REAL PROPERTY Recorded: 2/10/2022 9:59:32 AM Fee Amt: $116.00 Page 1 of 3 Revenue Tax: $90.00 Onslow County, NC Omega K. Jarman Reg. of Deeds BK 5682 PG 614 - 616 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $90.00 Recording Time, Book and Page set forth above T ifs Instrument prepared by: Gaylox Edwards & Vatcher, P.A.,Licensed North Carolina Attorneys Tax Parcel ID No(s) : 0363.87 Brief description for index: Approx. 0,61 acre, Freedom Way The hereinafter described property— does xx does not include the primary residence of Grantor. THIS DEED made this 9 day of February, 2022 by and between: GRANTOR M THREE PARTNERSHIP, LLC, a North Carolina limited liability company Mailing address: 121 Garnet Lane Jacksonville, NC 28546 MORTON INVESTMENTS, LLC, a * North Carolina limited liability company * Mailing address: * 121 Garnet Lane " Jacksonville, NC 28546 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby admowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee, in fee simple, all that/those certain tract(s), lot(s) or parcel(s) of land, situated in Swansboro Township, Onslow County, North Carolina and more particularly described as follows: Lying and being in Swansboro Township, Onslow County, North Carolina and beginning at an iron stake, the southeast corner of the (now or formerly) Dave Wiggins land, said beginning point being in the northern margin of NC Highway 24; running thence North 23 degrees 30 minutes West 210 feet to an iron stake, thence North 29 degrees 30 minutes West 93 feet to an iron stake, thence North 74 degrees 00 minutes East 87.5 feet to an iron stake, thence South 22 degrees 45 minutes East 303 feet to an iron stake in the northern margin of the NC Highway 24, thence. South 75 degrees 05 minutes West 75 feet along the RECEIVED f:iWPD0CSiGEVF0RMiDEE05kM THREE PSHIP_MORTON INVESfMENTS.wpd MAY 2 4,ZN2 submitted electronically by "Gaylor Edwards Vatcher LawFirm" In compliance with North Carolina statutes governing recordable documents DCM-MHD CITY and the terms of the submitter agreement with the onslow county Register of Deeds. Book: 5682 Page: 614 Page 1 of 3 Book: 5682 Page, 1977-Current: 614 Seq: 1 Page 2 of 3 northern margin of said highway to the point of beginning. The property herein above described was acquired, or is a portion of the property acquired, by Grantor by instrument recorded in: Book 5207, Page 362, Onslow County Registry. TO HAVE AND TO HOLD the aforesaid tract(s), lot(s) or parcel(s) of land and all privileges and appurtenances. thereto belonging to the Grantee, in fee simple. THE GRANTOR COVENANTS WITH THE GRANTEE, that Grantor is seized of fee simple title to the premises, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is subject to the following exceptions: Property taxes for the year 20" and thereafter, utility easements of record, and matters shown on any recorded map or plat of the above described property. IN WITNESS WHEREOF, the Grantor has hereto set his/her hand and seal, or if corporate or other entity, has caused this instrument to be executed by its duly authorized partner(s), manager(s) or officer(s), the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF ONSLOW M Three Partnership, LLC, a North Carolina limited liability company By -A fit"-f�' e: Elijah T. Morton, Sr. Title: Manager I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated: Elijah T. Morton, Sr. Date: February J 2022 (Offio 1 gnatureofNetary) Jess, �. L&.wrence (Notary's printed or typed name) My commission expires: OU—I'le oX -UA 10 J:1WPaOaSGE RM.\OEEa$1MTMEPSMIP-MORTONIWESTMEWS.wd J.ESSICA LAWREN E Notary Public North Carolina onslow Count RECEIVED MAY 2 4 2022 DCM-MHD CITY Book:5682 Page:614 Page 2or3 Book:5682 Page, 1977-Current: M4 Seq:2 Page 3 of 3 DEPARTMENT OF TAX ADMINISTRATION Tax Certification Form (Check One Box) ✓� This certifies that there are no delinquent ad valorem taxes, or other taxes which the Onslow County Tax Collector is charged with collecting, that are a lien on: Parcel Identification Numbcr: 036387 GRANTEE: MORTON INVESTMENTS LLC This is not a certification that this Onslow County Parcel Identification Number matches the deed description. No certification required, as attorney statement that any delinquent taxes will be paid from closing proceeds is included on first page of deed, and the assessor has obtained the desired information from the conveyance (G.S. 105-303). Balance due on account. It must be paid to Onslow County Tax Collector. Please make payment within 5 days of closing. RECEIVED '�e 2oe a eJKARYNJONE,tea220.1 osao Tax Collections Staff Signature 02/10/2022 Date MAY 2 4 ,2022 DCM-MHD CITY This parcel may have deferred taxes which become due upon transfer of the. property. Call the Tax Office, Land Records Division at 910-989-2204 for more information. 234 NW Corridor Blvd • Jacksonville, North Carolina • 28540 • Phone: (910) 989.2200 • Fax: (910) 989-5818. 0nslowCouhtyNC,gov/t2x Book:5582 Page:814 Page 3of3 Book:5682 Page, 1977-Current: 614 Seq:3 KOH..eiW MNP�WF..MtlaL.rGia.eWa Meu1i.9�ti/ e � l a, .Aw rrMvimi.Ss YG Y � Ts-tp • I I SOmsem 1 1 1 ucWbw. � m: ��� 11 11 1 i M n� wAw 490. Rl \ hn. 1 IioYat Oai®CSnat c Bogie Saud RV RuN m 1 NM�e..Y.r.a�L�uww. / � s A,6ANYm tiY.M1.Y.�.v�.a 44hMS :Ti 1 m ^g H4YR H�^a.&AI wE+M'e�Y� aW.Vsr. 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HEIRS Tracts Off Cedar Point Boulevard And,ra E.Wilmoth HughR.HonLEtAl DATE: 12110/2020 0 zoo .Soo eoo SCALE. 1"=200' 9, Bridge View Lot BUA Chart - November 2021 Lot # Permit BUA ORW? 1 4700 N 2 4700 N 3 4700 N 4 4700 N 5 4700 N 6 4700 N 7 4700 N 8 4700 N 9 4700 N 10 4700 N 11 4700 N 12 4700 N 13 4700 N 14 4700 N 15 4700 N 16 4700 N 17 4700 N 18 4700 N 19 4700 N 20 4700 N 21 4700 N 22 3700 Y 23 3700 Y 24 12000 Y 25 3700 Y 26 3700 Y 27 3700 EEY 28 3700 Y ORW Area: Total Project Area in ORW: 702897 SF Roads in ORW: Future in ORW: Lots in ORW: Total BUA in ORW: 33661 SF 6613 SF 135450 SF Lot # Permit BUA ORW? 29 3700 Y 30 3700 Y 31 4500 Y 32 4500 Y 33 4500 Y 34 4500 Y 35 3700 Y 36 3700 Y 37 3700 Y 38 3700 Y 39 3700 Y 40 3700 Y 41 3700 Y 42 3700 Y 43 3700 Y 44 3700 Y 45 3700 Y 46 3700 Half 47 4700 N 48 4700 N 49 4700 N 50 4850 N 51 4700 N 52 4700 N 53 4700 N 54 4700 N 55 4700 N 56 1 4700 N 175724 SF 25.0 % imperv. J M P/BridgeView/Ca Icu latio ns/BridgeView. BUAChart.07.29.21 Lot # Permit BUA ORW? 57 4700 N 58 4700 N 59 4700 N 60 4700 N 61 4700 N 62 4700 N 63 4700 N 64 4700 N 65 4700 N 66 4700 N 67 4700 N 68 4700 N 69 4700 N 70 4700 N 71 4700 N 72 4700 N 73 4700 N 74 4700 N 75 3700 Y 76 3700 Y 77 3700 Y 78 3700 Y 79 3700 Y 80 3700 Y 81 3700 Y 82 3700 Y 83 3700 Y Overall: Total Property: 1995410 SF (-) Coastal Wetlands: 60197 SF Total Project Area 1935213 SF Roads and Mail Kiosk: 101260 SF Future: 14081 SF Lots: 367750 SF Total BUA: RECEIVED 483803 SF 25.0 %imperv. MAY 2 4 2022 DCM-MHD CITY 4102 Hwy 24 Newport, NC 28570 (252) 393.1616 (877) 393.6829 Toll Free (252) 393-1540 Fax water@wcwc.blz E-mail June 15, 2021 West Carteret Water Corporation A non-profit water cofporallon serving western Carteret County Cedar Point Developers, LLC Steven Kellum, Managing Member 166 Center St. Jacksonville., NO 28548 SUBJECT: Bridge View Subdivision Developer's Guide — Item 2 Consent by Board Dear Mr. Kellum: West Carteret Water Corporation is In receipt of a Letter of Intent to construct a development referenced as Bridge View Subdivision presented on your behalf by Belt and Phillips. Our Board of Directors met on Tuesday, June 15, 2021 and reviewed the information submitted. The project was approved as an addition of 83 residential connections to the system. Please note the following: This approval will expire In 18 months from the date of this. letter, Construction must begin within 18 months and be completed within 36 months. The bore is engineered for an 8-inch connection, but you do have the option of a.6-Inch bore under NC Highway 24. o A 6-inch water line Is sufficient to meet the water needs of the approved connections and would not require a p.m, water outage for Cedar Point, However, we do recognize and agree that with the challenges of boring the highway coupled with anticipated additional development, the 8-inch may be a benefit in the future. o If an 8-inch tap is installed, a shutdown will be required for the Town of Cedar Point and will be accomplished after midnight with WCWC staff on site. WCWC will absorb 50% of their staffing/labor cost to facilitate this outage. o If you continue with an 8-Inch connection, I shared with your engineer that WCWC will pay the difference in the labor fee to increase from 6-inch to 8-inch, using our boring estimate, That amount will be credited towards your future invoices for inspection and testing fees. Our calculation documentation will be supplied to you. o You must coordinate the sidewalk removal and replacement with the Town of Cedar Point, if that becomes necessary, o An encroachment agreement from the properties Impacted by the tap Is your responsibility, including expenses related to the same, A copy must be on file with WCWC before construction. If I can be of further help, please do not ever hesitate to contact me, Sincerely, v `. sa D. )SAmiOerM/ED RECEIVED MAY 2 4 2022 DCM-MHD CITY ,/TE NC Hwy-24 PROJECT Bridge View COUNTY OF STATE OF NORTH CAROLINA Caneret DEPARTMENT OF TRANSPORTATION -AND- Cedar Point Developers, LLC (910)93e-6900 165 Center St. Jacksonville, NC 28546 AND West Carteret Water Corporation, Inc. (252)398-1515 4102 NC-24, Newport, NC 28570 THREE PARTY RIGHT OF WAY ENCROACHMENT AGREEMENT ON PRIMARY AND SECONDARY SYSTEM THIS AGREEMENT, made and entered into this the day of _ , 20 _ , by and between the Department of Transportation, party of the first part; and Cedar Point Developers, LLC party of the second part; and West Carteret Water Corporation, Inc. party of the third part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) NC Hwy-24 , located 1,400 ft west of the intersection of NC Hwy-24 and NC Hwy-58. The project Is on the southern side of NC Hwy-24. The encroachment Is located just east of the GOGAS Entrance. with the construction and/or erection of: 100 UP 8' HDPE SDR9 Water Main to be Installed by directional bore. WHEREAS, tt is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as inrcated, subject to the conditions of this agreement, NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the Installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first parts latest UTILITIES ACCOMMODATIONS MANUAL. and such revisions and amendments thereto as maybe in effect at the date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utilities Manager of the party of the first part - That the said party of the second part binds and obligates himself to Install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor Interfere with the proper maintenance thereof, to reimburse the party of the first part for the cast Incurred for any repairs or maintenance to Its roadways and structures necessary due to Installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes In the location of the said facilities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in otter to conform to the said requirement, without any cost to the party of the first part. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic In conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first. That the parry of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of sail; silting or pollution of rivers, streams, lakes, reservoirs, other water Impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with oidinanme and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any Installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grew cover to meet the satisfaction of the Division Engineer of the party of the fiat part. That the party of the second part agrees to assume the actual cost of any Inspection of the work considered to be necessary by the Division Engineer of the parry of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part The party of the first part reserves the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will R F C E I V E D not be required. That In the rase of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the MAY 2 4 2022 first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein Is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the pCM-M H D CITY second part from the party of the first part. FORM RIW 16.6 Rev. February 2021 During the performance of this contract, the second party, for itself, Its assignees and successom in interest (hereinafter referred to as the *contractor"), agrees as follows: a. Compliance with Regulations; The contractor shall comply with the Regulations relative to nondiscrimination in Federally - assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination; The contractor, with regard to the work performed by It during the contract, shall not discriminate on the grounds of race, color, or national origin In the selection and retention of subcontractors, including procurements of materials and leases of equipment The contractor shall not participate either directly or Indirectly In the discrimination prohibited by Section 21.5 of the Regulations, Including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contreptprs obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information end Reports: The contractor shall provide all information and reports required by the Regulations, or directives Issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of Information, and Its facilities as maybe determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor Is In the exclusive possession of another who falls or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the Information. e. Sanctions for Noncompliance: In the event of the contractors noncomplance with the nondiscrimination provisions of this contract, the Department of Transportation shall Impose such contract sanctions as It or the Federal Highway Administrtion may determine to be appropriate. including, but not limited to, (1) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, In whole or In part. f. Incomoretion of Provisions: The contractor shall Include the provisions of paragraphs "a' through T In every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, In the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of Transportation to enter Into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second part and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to perform all obligations as agreed to herein by the party of the second part. RM (166) : Party of the Second Part certifies that this agreement Is true and accurate copy of the form R/W (166) incorporating all revisions to date. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. WITNESS: WITNESS: DEPARTMENT OF TRANSPORTATION BY: DIVISION ENGINEER Cedar Point Developers, LLC 166 Center Street Jacksonville, NC 28546 Second Party West Carteret Water Corporation, Inc. 4102 NC-24 Newport, NC 28570 RECEIVED Third Party MAY 2 4.2022 DCM.MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date: April 6, 2022 Name of Property Owner Applying for Permit: CEDAR POINT DEVELOPERS LLC Mailing Address: 166 CENTER ST JACKSONVILLE, NC 28546 I certify that I have authorized (agent), TIDEWATER ASSOCIATES, INC., to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct: (activity) SUBDIVISION INFRASTRUCTURE, DRAINAGE, ROADS, & SITE IMPROVEMENTS at my property located at 1180 CEDAR POINT BLVD, CEDAR POINT, NC 28584 This certification is valid thru (date): DECEMBER 31, 2022 Property Owner Signature: � K �-- Date: (Registered Agent or Managing Member) RECEIVED MAY 2 4,2022 DCM-MHD CITY ,0 TIDEWATER ASSOCIATES, INC. • CEDAR POINT, NORTH CAROLINA April 7, 2022 Pierre Molster U.S. Real Estate Th Carlyle Group 1001 Pennsylvania Ave, NW Washington, D.C. 20004 Re: Notification of Application for a State Coastal Area Management Act (CAMA) Permit To Whom It May Concern Hope this correspondence finds you doing well We are applying for a State CAMA Major Development permit for our client, Cedar Point Developers, LLC. The North Carolina Division of Coastal Management requires that you, as an adjacent riparian property owner, are notified of this permit application. The permit being applied for is to install and construct the infrastructure, roads, and utilities to serve an 83-lot residential subdivision for single-family dwellings at 1180 Cedar Point Blvd, Cedar Point, NC 28584 in Carteret County, which is adjacent to your property. A copy of the application and project drawing is enclosed for your review. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at 252.515.5400. If you have no objections to the proposed activity, please mark the appropriate statement on the enclosed form and please return the signed form to me within 10 days upon receipt of this notice. Please be advised that if no reply or comments are received within 10 days upon receipt of this notification, it would be interpreted as having no objections or comments regarding this proposed project if you have been notified by Certified Mail If you do have objections or want to submit comments, please mark the appropriate statement on the enclosed form and send your comments in writing within 10 days upon receipt of this notice to: NCDCM, in care of Heather Styron, Field Representative, 400 Commerce Ave, Morehead City, NC 28557; and/or email to Heather. M.Styron @-ncdenr.aov, RECEIVED MAY 2 4 2022 604E Cedar Point Blvd. I Cedar Point, INC 28584 1 (252) 393-6101 DCA4-A4HD CITY Firm License Number F-0108 I www.tidewaterenc.com N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTI9ICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: CEDAR POINT DEVELOPERS, LLC Address of Property: 1180 CEDAR POINT BLVD CEDAR POINT NC 28584 Mailing Address of Owner: 166 CENTER ST JACKSONVILLE NC 28546 Owner's email: Owner's Phone#: Agent's Name: ROY BROWNLOW Tidewater Assoc, Inc. Agent Phone#: 252.393.6101 Agent's Email: RBrownlow@TidewaterENC.com ADJACENT RIPARIAN PROPERTY OWNER'S (ARPO) CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. I DO NOT have objections to this proposal. I DO have objections to this proposal. if you have objections to what is being proposed, you must nonry the iv.G. uiwsion or c;oasrai Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515-5400. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION Only for proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must AM the appropriate blank below.) I DO wish to waive somelall of the 15' setback Signature of Adjacent Riparian Property Owner NOTE: Setback waiver is valid for up to one year from ARPO's Signature I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner (ARPO): Typed/Printed name of ARPO: Mailing Address of ARPO: _ ARPO's email: Date: ARPO's Phone #: RECEIVED MAY 2 4 2022 DCM-MHD CITY Postal CERTIFIED MAIL5 RECEIPT m;m v DomesticOnly m m n.l I'Ll Certified Mail Fea —ta I7.1 iu ervlces& Fexyor, eCdhreazanrvPa.+afU O O mReceiPt (h.aco,'aiamaY) S �— EM C3 eWm RMiiPt(elmltad D $ PpEtmalk ❑muCe,ltSi Maufl $ C2 C3 Re,uietleelivory QAtlult$ipnolureflequ'vee g Here t]Atlalt$IpPataff RevldclN Dall�y E O O Pae"a � s O _n Totaland Fee Patti s $ ru ru RE(�� 17O66TEe4 O tti O n stieaieilAaa�iii:au,—__1�6iiuo.-------- ---.�._.:--- _.---_.—_.._._;.._. /Ooze _, �, ^ ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse I so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 'Pt care Mo(s�ez V.S. (jE41. C-V4TE T" C-QR(y1*, efrouP 100( ftMSy1VgNrq AVe- w hSk(A,9 4-vi , D. aaa. II2 ioHv v III'llltl �'II IIIIII II'IIII�I NIII� I.III II II� 9590' 9402 7488 2055 0145 83 2. Article Number (r/arlsfer from service /a6eq 7020 0640 0000 2725 2333 Ps Form 3811, July 2020 PSN 7530-02-000-9053 X ❑ Agent D. Is delivery address different from Item 17 ❑ Yes if YES• enter delivery address below: ❑ No 3. Service Type ❑ Priority Mali Express® ❑ Atluit Signature ' 3egiaerad MallTM ❑ ptlult Signature Restricted Delivery eglstered Mall Restricted Certleed Mail® elivery ❑ Certified Mall Restricted Delivery Signature Conlimattori ❑ Collect on Delivery ❑ Signature Conflrmatlan _ ❑ Collect on Delivery Restricted Delivery Restricted Delivery —' urea Mall ured Mail Restricted Delivery er $50M Domestic Return Receipt n 0 W W U W Ix ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 'Frcrre Mo(s4ez 0.5, REaf, ESPTArE T" C-QV-1y k &rwP (De( pemsy/vAvitt AVe• w -kA t-1 kon), P.C. VVV y 9590 9402 7488 2055 0145 83 2. Article Number (transfer from service label) 7020 0640 0000 2725 2333 Ps Form 3811, July 2020 PSN 7530-02-000.9053 04 D. Date of D. Is delivery address different from item 14 L.I Ye: M YES, enter delivery address below: ❑ No 3. Service Type ❑ prionty Mall Express® ❑ Adult Signature 'deglstemd Mall- VAdult Signature Restricted Delivery ed Mail® . Registered Mall Restricted eln ery ❑ Ce�Sed Mall Restricted Dellvery Signature ConfirmauonT• ❑ Collect on Delivery ❑ Signature Conflrmatian ❑ Collect on Delivery Restricted Delvery Restricted Delivery ured Mail ured Meal Restricted Delway, —a$5gm DomesticAelum Receipt : 3051e, �uuND Qv o wtue -. } W N o U� W W Nd N Q LJ _ U USPS.comO - USPS Tracking® Results https://tools.usps.com/go/TrackConfimiAction?tRef-fhllpage&tLc=3... USPS Tracking" FAQs > Track Another Package + k't S`wAIJ) � q O41 N9-�i U'l Tracking Number: 70200640000027252333 Remove X Your item was picked up at a postal facility at 7:17 am on April 22, 2022 in WASHINGTON, DC 20018•. USPS Tracking Plus® Available u C✓ Delivered, Individual Picked Up at Postal Facility April 22, 2022 at 7:17 am m WASHINGTON, DC 20018 v m 0 �c Get Updates u Text & Email Updates Tracking History v n April 22, 2022, 7:17 am Delivered, Individual Picked Up at Postal Facility WASHINGTON, DC 20018 Your item was picked up at a postal facility at 7:17 am on April 22, 2022 in WASHINGTON, DC 20018. April 21, 2022, 10:02 am Available for Pickup WASHINGTON, DC 20004 April 21, 2022, 9:59 am Arrived at Post Office RECEIVED MAY 2 4 Z022 DCM-MHD CITY I of 2 5/2/2022, 12:29 PM USPS.com® - USPS Tracking& Results WASHINGTON, DC 20018 https://tools.usps.com/go/TrackConfumAction?tRel=fullpage&tLc=3... April 21, 2022, 6:15 am Out for Delivery WASHINGTON, DC 20004 April 20, 2022, 1:46 pm Arrived at USPS Regional Destination Facility WASHINGTON DC DISTRIBUTION CENTER April 19, 2022 In Transit to Next Facility April 18, 2022, 4:34 pm Departed Post Office SWANSBORO, NC 28584 April 18, 2022, 3:34 pm USPS in possession of item SWANSBORO, NC 28584 USPS Tracking Plus® Product Information See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs m m m a w 0 M u RECEIVED MAY 2 4 Z022 DCM-MHD CITY ! of 2 5/2/2022, 12:29 PM ET I D E W A T E R ASSOCIATES, I N C. • CEDAR POINT, NORTH GAROLINA Apri17, 2022 Shelly Myott 123 Fawn Creek Court Cedar Point, NC 28584 Re: Notification of Application for a State Coastal Area Management Act (CAMA) Permit Ms. Myott: Hope this correspondence finds you doing well. We are applying for a State CAMA Major Development permit for our client, Cedar Point Developers, LLC. The North Carolina Division of Coastal Management requires that you, as an adjacent riparian property owner, are notified of this permit application. The permit being applied for is to install and construct the infrastructure, roads, and utilities to serve an 83-lot residential subdivision for single-family dwellings at 1180 Cedar Point Blvd, Cedar Point, NC 28584 in Carteret County, which is adjacent to your property. A copy of the application and project drawing is enclosed for your review. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at 252.515,5400. If you have no objections to the proposed activity, please mark the appropriate statement on the enclosed form and please return the signed form to me within 10 days upon receipt of this notice. Please be advised that if no reply or comments are received within 10 days upon receipt of this notification, would be interpreted as having no objections or comments regarding this proposed project if you have been notified by Certified Mail If you do have objections or want to submit comments, please mark the appropriate statement on the enclosed form and send your comments in writing within 10 days upon receipt of this notice to: NCDCM, in care of Heather Styron, Field Representative, 400 Commerce Ave, Morehead City, NC 28557; and/or email to Heather.M.StvronAncdenr.gov, RECEIVED 604E Cedar Point Blvd. 1 Cedar Point, NC 28584 1 (252) 393-6101 MAY 2 4 2022 Firm License Number F-0108 I www.tidewaterenc.com DCM-MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: BOGUE SOUND DEVELOPERS LLC Address of Property: 1180 CEDAR POINT BLVD, CEDAR POINT NC 28584 Mailing Address of Owner: 166 CENTER ST JACKSONVILLE NC 28546 Owner's email: Owner's Phone#: Agent's Name: ROY BROWNLOW, Tidewater Assoc, Inc. Agent Phone#: 252.393.6101 Agent's Email: RBrownlow@TidewaterENC.com ADJACENT RIPARIAN PROPERTY OWNER'S (ARPO) CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515-5400. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION Only for proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner NOTE: Setback waiver is valid for up to one year from ARPO's Signature I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner (ARPO): Typed/Printed name of ARPO: Mailing Address of ARPO: _ ARPO's email: Date: ARPO's Phone #: RECEIVED MAY 2 4 2022 DCM-MHD CITY" .J3 -0 .. - ru ru m mru ru r ru ru Certified Mail Fee � M1 M1 $ rU ru Elias Servkes&Fees(rl�bar, addtee as RcPQcr4,U - ❑Petum Peniptmuticogj S 0 � ❑PeNm Receipt (BlBclranio) S O E3 [I Cenifetl Mali Pazirictetl Ueliusy S E3 ❑Adukaignalure PepuiRd :$- �Adul[signarurePeetrbtedDBlirmy S C3 O Postage Total Postage and Fees 0 0 $ O O Sent T- /� � ( �l ru p rl-I p _ y -m Street and•7F No' �ll! __�! �_________/__. Ap. ., ar I ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SHE«-y MyDTT 12 3 FAWN Creek. a Cgdar FowTt NC 22:5'9q Postmark Here X 0 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes H YES, enter delivery address below: ❑ No I ppp U..Service lype ❑ Priority Mall Fipresse IIIIIIIII+'ll ICI III I oil IN III Restricted Delivery dI'II,l.1lpII rSM.o D Reisry Registered Mall Restricted 9590 9402 7488 2055 0144 60 D Certified Mall Restricted Delivery JeOInature Confrmatlon- D Collect on Delivery ❑ Signature Conflanatlon 2. Article Number (Transfer from service label D Collect on Delivery Restricted Delivery Restricted Delivery 7020 0640 0000 2725 2326 ^ --ed Mall MSl) Resbloted Delivery Sedsoo PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt RECEIVED MAY 2 4 2022 DC 'MHD C1TY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. SHEcc"t Myor-r 12 3 FAWN deck CT CgCj(ar FOWT, JUC 2858q �I'I�I'I I'll I�IIII II') II I III Il lI l lllill I lI III 9590 9402 7488 2055 0144 60 7020 0640 0000 2725 2326 PS Form 3811, July 2020 PSN 7530-02-000-9053 .cr A. Sig ture ElAgent X V ❑ Addre islf lvv``d�b; (Pr(OfeQName C. Date of Deli ki D. Is delivery address ti fferent from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall E�s® ❑ Adult signature ❑ Registered Mai1TM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrlcted Ried Mail® ❑ Certified Mall Restricted Delivery Delivery 31,61gnature ConfrmatlonTM ❑ Collect on Delivery ❑ Signature Confirmation ❑ Collect on Delivery Restricted Delivery Resticted Delivery "'cured Mall uxned Mai Restricted Delivery ,' Domestic Return Receipt r L o U W W W a ' Z U 0 USPS.com® - USPS Tracking® Results https://tools.usps.com/go/TrackConfuinAction?tRef=fuUpage&tLc=3... USPS Tracking' MYn4+ Track Another Package + FAQs > Tracking Number: 70200640000027252326 Remove X Your item was delivered to an individual at the address at 2:01 pm on April 19, 2022 in SWANSBORO, NC 28584. USPS Tracking Plus° Available \/ G Delivered, Left with Individual April 19, 2022 at 2:01 pm m SWANSBORO, NC 28584 iz N 0 Text & Email Updates u Tracking History n April 19, 2022, 2:01 pm Delivered, Left with Individual SWANSBORO, NC 28584 Your item was delivered to an individual at the address at 2:01 pm on April 19, 2022 in SWANSBORO, NC 28584. April 19, 2022, 8:42 am Out for Delivery SWANSBORO, NC 28584 April 19, 2022, 8:31 am Arrived at Post Office RECEIVED MAY 2 4 2OZZ DCM-MHD CITY 1 of ozs Pb USPS.com® - USPS Tracking® Results https://tools.usps.com/gofrrackConfirmAction?tRef=fWlpage&tLc=3... SWANSBORO, NC 28584 April 18, 2022, 4:34 pm Departed Post Office SWANSBORO, NC 28584 April 18, 2022, 3:33 pm USPS in possession of item SWANSBORO, NC 28584 USPS Tracking Plus® Product Information See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs v v m m m a Cr m n x RECEIVED MAY 2 4 2022 DCM-MHD CITY 7 of? 5/7/?n?? 1225 PM ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director May 25, 2022 NORTH CAROLINA Environmental Quality Cedar Point Developers, LLC c/o Roy Brownlow with Tidewater Associates, Inc. 604-E Cedar Point Blvd. Cedar Point, NC 28584 Dear Sirs: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located along Bogue Sound, Carteret County. The site is at 1180 Cedar Point Blvd. in Cedar Point, Carteret County. The application was received as complete on 5/24/2022, and appears to be adequate for processing at this time. The projected deadline for making a decision is 6/23/2022. An additional 30-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under -those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 30th day. If this agency does not render a permit decision within 30 days from 5/24/2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, heather M. stlu row Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.515.5400 NOTI(01$171A CAMA PERMIT APPLIED FOR PROJECT: The applicant is proposing to complete the final upland development of Bridgeview subdivision infrastructure on the 45.81-acre tract with the grading and filling for 34 single family lots, construction of 4 common areas, retention basin, asphalt road surface, electrical service lines, drainage measures and water supply line installation. COMMENTS ACCEPTED THROUGH _ ✓une2f,2022 APPLICANT: Cedar Point Developers, LLC c/o Tidewater Associates, Inc. 604-E Cedar Point Blvd. Cedar Point, NC 28584 (252) 393-6101 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Heather Styron - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)515-5417 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was submitted and accepted as complete on 5/24/2022. According to said application, Cedar Point Developers, LLC applied for an express CAMA major permit and is proposing to complete the final upland development of Bridgeview Subdivision infrastructure consisting of 34 lots, 4 common areas, grading, filling, retention basin, asphalt road surface, drainage measures, electrical service lines and water supply lines in Cedar Point, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5417 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 6/21/2022, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PU13LISH ON: 6/1/2022 c�u.eommv+mob� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality 5/25/2022 Re: Public Notice -Cedar Point Developers, LLC, Cedar Point, Carteret County Dear Sir: Please publish the attached Notice in the 6/1/2022 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson Murray, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5400. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, HEATHER. M. STYRON Heather M. Styron Coastal Management Representative North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty . Carteret County, NC " March 23, 2022 3:44:46 PM DECL # Pages:40 Fee:$126.00 NC Revenue Stamp:$0.00 NOW THEREFORE, it is hereby declared that the Property is and shall be held, FILE # 1761157 transferred, sold, conveyed, and occupied subject to the covenants, easements, restrictions, charges, and liens hereinafter set forth. ARTICLE I LU o V Definitions L N = Section 1. "Association" shall mean and refer to "Bridge View Homeowners Veft Association, Inc." LLI Q Section 2. `Bylaws" shall mean the Bylaws of the Association, as the same may be DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BRIDGE amended from time to time. VIEW, A PLANNED RESIDENTIAL DEVELOPMENT Q - Section 3. "Common Anse" shall mean all reel property and any improvements CARTERET COUNTY, NORTH CAROLINA constructed thereon, if any, owned by the Association for the common use and enjoyment of the Owners. 0 S AND RES�'['RICTjONS FO BAIDGfi VIEW (the "Declaration") is made as of this day of REAM THIS DECLARATION OF COVENANTS, CONDRIDS Section 4. "Declarant" shall mean and refer to Cedar Point Developers, L -C. Pe 20� by Cedar Point Developers, LLC, a North Carolina Limited Liability Company (the "Declarant"). - Section S. "Declarant Control Period" shall mean the period of time commencing on the date of recording of the Declaration and ending on the date on which the first ofthe RECITALS; following occurs: WHEREAS, Declarant is the owner of a certain tract of land located in the town of Cedar (a) The date on which Declarant no longer owns any Lots in the Point, Carteret County, North Carolina, which is further described on Exhibit "A" attached Development, including those lots which may be annexed following the date these covenants are hereto and incorporated herein by reference (the "Property"); executed, and has conveyed all Common Areas to the Association. WHEREAS, Declarant hereby establishes the Property as a planned community within (b) The Declarant voluntarily ends the Declarant Control Period by written the meaning of N.C.G.S. § 47F-1-103(23) to be known as "Bridge View" (referred to herein as termination executed by the Declarant and recorded in the Carteret County Registry. the "Community' or "Subdivision"), (e) 5:00 pm on December 31, 2041. WHEREAS, Declarant desires to establish a general plan of development for the Subdivision, to provide for the maintenance and upkeep of the Lots, Dwellings, and Common (d) Termination of the Declarant Control Period required by any law or Elements within the subdivision, as those terms are hereinafter defined, to provide for the ordinance of the State of North Carolina, the County of Carteret, or the Town of Cedar Point. enforcement of the Declaration, to protect the value and desirability of the Property, and, to that end, desire to subject the Subdivision to the covenants, conditions, restrictions, easements, Declarant has the sole authority to resolve any issues or disputes regarding the date on which the charges, and liens hereinafter set forth, each and all of which is and are for the benefit of the Declarant Control Period ends or is reinstated. Subdivision and each owner of any part or all thereof; Section 6. "Declaration" shall mean and refer to this instmment, as may from time to AND WHEREAS, in furtherance of the foregoing, Declarant has incorporated or will time be amended. incorporate under the nonprofit corporation laws of the State ofNorth Carolina BRIDGE VIEW HOMEOWNERS ASSOCIATION, INC. (the "Association") to own and/or maintain and/or Section 7. "Development" or "Subdivision," such terms being used interchangeably, administer Common Elements, to administer and enforce this Declaration and other covenams, shall mean and refer to Bridge View, a single-family residential development proposed to be restrictions, and agreements applicable to the subdivision, and to collect and disburse the developed on the Property by the Deciaant. assessments and charges provided for herein; 1 submitted electronically by "Newborn & Deaelms, Attorneys at LRw" In compliance Mxh North carottna statutes governing recordable documents antl the terms of the submitter agreement with the Carteret county Register of Deeds. Section 8. "Dwelling" shall mean and refer to any building or portion thereof upon any Lot in the Development which is used or occupied, or intended for use or occupancy, as a residence by the Owner thereof or any tenants or sub -tenants of the Owner. Section 9. "Governing Documents" shall mean and refer all of the following: this Declaration; the Articles and Bylaws of the Association; architectural guidelines and bulletins and rules and regulations of the Association; resolutions adopted by the Board; conditions of approval for development of any part or all of the property required by any Governmental Entity; Annexation Declarations; Supplemental Declarations; other declarations of restrictive or protective covenants applicable to the Property; all as the same may be amended, restated or supplemented from time to time. Any approvals granted by the Declarant under the Governing Documents shall be binding upon all successors to Declarmes approval authority. Section 10. "Lot" shall mean and refer to any plot of land shown upon any recorded Subdivision Map of the Properties with the exception of the Common Area, Section 11. "Improvemene, shall mean and refer to any improvement of or on any Lot or other applicable portion of the Property, including but not limited to any or all of the following. Dwellings and other buildings and structures (specifically including exterior materials, colors, size, location and architectural style); decks; patios; carport; porches; driveways; playhouse; motor vehicle and other parking areas; exterior storage areas; exterior recreational areas, equipment and facilities; mail kiosks; exterior antennae, dishes and other apparatus to receive or transmit radio, television, or microwave or other signals; fences; exterior walls; hedges; other landscaping (including planted amiss, grassed areas, natural areas and the i plant and other materials therein); poles; Flags; exterior decorative features and items; ponds; lakes; staking, clearing, grading, filling, change in grade or slope, and other site preparation; swimming pools; coverings for windows and other glass portions of Dwelling or other building or structure (for example, curtains, blinds, and shutters), which coverings are visible from anywhere off of the Lot or other applicable portion of the Property; exterior lights and signs; lights and signs visible inside a Dwelling or other building or structure from anywhere off of the Lot or other applicable portion of the Property; and all other items used or maintained on a Lot or other applicable portion of the Property outside of a Dwelling or building or other structure located thereon or on the exterior surfaces of Dwelling or other building or structure on the Lot or other applicable portion of the Property. The definition of improvements stated for the purposes of this definition includes both initial improvements andall subsequent alterations, changes and additions to same. The term "initial improvements" is defined as all of the improvements constructed or placed or located on a Lot or other applicable portion of the Property, or approved for construction, placement, or location on a Lot or other applicable portion of the Property, in accordance with either plans and specifications or Mchitectuml Guidelines existing at the time of issuance of a certificate of occupancy for the Dwelling on such Lot or other applicable portion of the Property. The examples of improvements stated for the purposes of this definition are not inclusive of all types of improvements and do not imply that all improvements listed as examples will be allowed in the Properties, and all improvements are subject to the amhitectural approval provisions of the Declaration. For the purposes of this definition, the word "exterio? means located on a Lot or otherapplicable portion of the Property outside of the Dwelling or other building or structure thereon, as well as attached to the outside } O N W o U `" f (such as on a wall or root) a Dwelling, building, or other structure on a Lot or other applicable . W 'a' ortion of the Property. U `" Mq Section 12. '9nterior Lots" shall mean and refer m Lots 1-20 and Lots 47-73 as Q � � depicted on the Subdivision Map. U Section 13. "Subdivision Map" shall mean and refu to any recorded map of the subdivision, including specifically the map recorded in Map Book 34, Page 386, Carteret County Registry. Section 14. "Member" shall mean a person subject to membership in the Association pursuant to Article IV, Section 2 of this Declaration. Section 15, "Owner" shall mean and refer to the record owner, whether one or more persons or entities, or a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the perfomtanm of an obligation. Section 16. "Parcel' shall mean and refer to a portion or part of real property, together with the improvements located thereon, which becomes subject to this Declaration. This term shall include any additions to the existing Properties as herein provided. Section 17. "Person" shall mean a natural person, corporation, cost, limited liability company, partnership, or any other legal entity. Section 18. "Property" or "Properties" shall mean and refer to any of the real property which is or may be subject to this Declaration or Supplemental Declaration. Section 19. 'Thinned Community Act" shall mean and refer to the North Carolina Planned Community Act, currently codified as Chapter 47F of the North Carolina General Statutes, as the same may be amended from time to time. Section 20. "Rules and Regulations" shall mean and include the rules and regulations made from time to time by the Board of Directors w provided below. Section 21. "Smrmwater Control Measures" shall mean and refer to any one or mom of the following devices and measures, together with any associated private stormwater drainage easements that serve any part or all of the Properties: conduits, inlets, channels, pipes, level spreaders, ditches, grassed swales, send filters, wet -ponds, dry detention basins, wetlands, permanently protected undisturbed open space areas, bioretention areas, retention or detention ponds, and other devices, facilities, appurtenances, and measures necessary to collect, convey store, and control smrmwater runoff and pollutants for more than one (I) Lot in the Property, and which are located outside public street rights -of --way and public drainage easements. Private smrmwater drainage easements that serve more than one (I) Lot in the Properties, however identified on the Subdivision Map or any other plat, map, or document recorded in the Carteret County Registry, are deemed to be dedicated to the Association for the benefit of the Property or N any applicable portion thereof All Saminwater Control Measures owned by or dedicated to the LJJ > o V (a) The right of the Association topromulgate and enforce reasonable Association are Common Areas. W CQ = regulations governing the use of the Common Areas to ensure the safety and rights of all V Owners. Section 22. "Supplemental Declaration'shall mean and refer to any declaration of [; jJ q t Covenants; restrictions, easements, charges, and liens recorded by the Declarant, or its (b) The right of the Association to suspend the voting rights in the Association ei successors and assigns, which applies to a specific Parcel within the Properties. and right muse the Common Areas by an Owner for any period during which any t� assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days _ ARTTCLE II for any infraction of its published rules and regulations; and Property Subject to this Declaration (c) The right of the Declarant or the Association to grant utility, drainage, and Section 1. Property Hereby Subjected to this Declaration. The Declarant, for itself other easements across the Common Areas. and its successors and assigns, hereby submits the real property described on Exhibit A to this Declaration, and said property shall be held, transferred, sold, conveyed, and occupied subject to Section 3. Owners' Easements for Ingress and Egress. Every Lot is hereby granted this Declaration and the Bylaws, irrespective of whether there may be additions thereto as a perpetual, non-exclusive right to use those roadways shown on the Subdivision Map and which hereinafter provided. is described in Exhibit A for the purpose of providing access to and from each Lot Additionally, each lot is granted a perpetual, non-exclusive right to use the easement described in that Deed of Section 2. Annexation of Additional Property. Additional property, including any Easement recorded in Book 1759, Page 194, Carteret County Registry, for the purposes of additions to the Common Elements, may be annexed and brought within the scheme of this ingress, egress, and regress between N.C. Highway 24 and web Lot - - Declaration, the Bylaws, and thejurisdiction of the Association at any time during the Declarant Control Period by Declarant at its sole and complete discretion by executing and recording in the Section 4. Delegation of Use. Any Owner may delegate, in accordance with the Carteret County Registry an Amendment to this Declaration describing the portion of additional Bylaws of the Association, said Owner's right of enjoyment to the Common Area and facilities property being annexed. to that Owner's immediate family members who are domiciled on the Owner's Lot Immediate family members as used herein shall mean the Lot Owner's spouse and/or children. This After the termination of the Declarant Control Period, the Members of the Association may provision shall be subject to any limitations on delegation contained in other provisions of this annex additional property within the scheme of this Declaration, the Bylaws, and thejurisdietion Declaration. of the Association in the some manner as provided herein for Amending this Declaration. Section 5. Maintenance. The Association shall keep in good condition, order, and Section 3. All Lots Bear the Burdens and Enjoy the Benefits of this Declaration, repair the Common Area including but not limited to the streets, drives, and accesses shown on Every Owner, by taking record title to a Lot, agrees to accept title to such Lot and to be bound by the Subdivision Map, the entrance gate, mailbox kiosk, boat storage area, detention/retention all terns and provisions of this Declaration. Each Lot is subject to all burdens and enjoys all ponds bulkheads, sediment basins, all entry features and entry landscaping, and all street signage benefits made applicable hereunder. and streetlights. ARTICLE III The Board of Directors, in its sale discretion, may leave portions ofthe Common Area as Common Areas undisturbed natural areas and may change the landscaping on the Common Area at any time and from time to time, including the adding or modifying of landscaping improvements, such s the Section 1. Ownership of Common Areas. After the completion of all improvements planting ofseasonal flowers. Any common irrigations system installed by the Declarant or the to the Common Areas, Declarant shall convey the Common Areas to the Association. Association for use by the Association shall be operated, maintained, repaired, and replaced by Notwithstanding the recordation of any Map or any other action by Declarant or the Association, _ the Association. all Common Areas, including streets and roads, shall remain private property and shall not be considered w dedicated to the use and enjoyment of the public. velo ad The Developer has additional! entered into a road maintenance agreement, recorded in Deed Book 1 Page I Carteret County Registry for that variable width fires egress, and Section 2. Owners' Rights to Use and Enjoy Common Areas. Each Owner is regress easement shown on that map recorded in Map Book 34, Page 128 of Carteret County hereby given the right to use and enjoy the Common Areas, which right shall be appurtenant to Registry, which provides for ingress, egress, and regress between N.C. Highway 24 and the and shall pass with the title to the Lot, subject to the following; Property, and the Association agrees to accept assignment of Developer's rights and obligations under said agreement at any time following its formation and registration with the North - Carolina Secretary of State. Upon assignment of said mad maintenance agreement, the 0 w Association shall pay for any continuing maintenance or repair costs incurred thereunder out of � Association assessments as provided for maintenance of Common Areas in Article VI, Section 2w of this Declaration. Said road maintenance agreement shall be recorded in the Register of DeedsL I of Carteret County following execution. UJ Section 6. Conveyance of Common Areas, The Declarant shall convey by deed all Common Areas to the Association in fee simple absolute after completion of all improvements to the Common Areas. Declarant may convey or transfer all Common Areas, including any and all improvements thereof, to the Association in an "AS IS, WHERE IS" condition. Declarant hereby disclaims and makes no representations, warranties, or other agreements, express or implied, by law or fact, with respect to the Common Areas and improvements thereto, including, without limitation, representations or warranties of merchantability regarding the condition, construction, accuracy, completeness, design, adequacy of size or capacity thereof in relation to the utilization, date of completion, or the future economic performance or operations of, or the materials, furniture, or equipment used therein. Neither the Association nor any Owner or any other Person shall make any claim against Declarant, its successors and assigns, relating to the condition, operation, use, accuracy, or completeness of the Common Areas, or for incidental or consequential damages arising therefrom. Section 7. Declaront's Rights in Common Areas. In addition to the specific rights and easements reserved herein, Declarant and its employees, agents, affiliates, and associates shallbave the same rights of use and enjoyment ofthe Common Areas as the Class A Members during the Declarant Control Period, and shall have the same right to use the Common Areas for promotional, sales, and similar purposes until all of the Lots have been conveyed by the Declarant. Section S. Insurance on Common Areas. The Association shall obtain the insurance coverage necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, and the U.S. Department of Housing and Urban Development, as applicable to the Common Aress. The Board shall obtain casualty insurance for all insurable improvements located on the Common Areas, which the Association is obligated to maintain. This insurance shall provide, at a minimum, fire and extended coverage and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction of any insurable improvement in the event of damage or destruction from any such hazard. The Board of Directors shall obtain a public liability policy with a combined single Limit of at least One Million and Nall00 Dollars ($1,000,000.00) applicable to the Common Areas covering the Association and its Members for all damage or injury caused by the negligence of the Association or any of its Meimbers or agents, and, if reasonably available, directors' and officers' liability insurance. Policies may contain a reasonable deductible as determined by the Board of Directors. In addition, the Board of Directors shall obtain a fidelity bond or bonds on all persons handling or responsible for the Association's funds, if reasonably available. If obtained, the amount of fidelity coverage shall at least equal three monthstotal assessments plus reserves on hand. Fidelity coverage shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation. All such insurance coverage shall be written in the name of the Association. An insurer that has N o v N yr Q = issued an insurance policy under this Section shall issue certificates or a memorandum of insurance to the Association and, upon request, to any Owner, Mortgagee or beneficiary under a Q deed of trust. Any insurance obtained pursuant to this Section may not be cancelled until thirty days has been the Association, (30) after notice ofthe proposed cancellation mailed to each U Owner and each Mortgagee or beneficiary under deed of mist to whom certificates ofinsurance have been issued. Section 9. Damage or Destruction. In the event that any improvements located on any Common Areas shall be damaged or destroyed on account ofthe occurrence of any casualty, the Board shall proceed with the filing and settlement of all claims arising under any policy of insurance maintained by the Association with respect to such improvements and shall obtain reliable and detailed estimates ofthe cost of repair or reconstruction ofthe damaged or destroyed improvements. Any such damage or destruction shall be repaired or reconst acted unless it shall be decided, within ninety (90) days after the oceurrence of casualty, by at least 67% of the Class A votes, and by Declarant during the Development Period, not to repair or reconstruct such damage. In the event that it shall be decided not to repair or reconstruct some damage or destruction, the proceeds of any insurance as may become payable to the Association as a result of such damage or destruction shall be retained by and for the benefit of the Association and placed in a capital improvements account. If the insurance proceeds are insufficient to cover the casts of repair or reconstruction, the Board may, without a vote of the Class A Members, levy Special Assessments to cover the shortfall. Section 10. No Partition. The Common Elements shall remain undivided, and no Owner shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the whole or any part thereof without the written consent of all Owners of all portions of the Property and without the written consent of all holders of all mortgages enmrmbering any portion of the Property. Section 11. Community Septic System. Lots 49 and 50 as shown on the Subdivision Map shall use and be subject to an off -lot community septic system to be maintained by the Association in the Common Area. The Owners of said Lots shall be required to contribute to the maintenance and upkeep of the community septic system by payment of Septic Assessment as defined and provided in Article VI of this Declaration. Section 12. Community Fencing. Lots 1-20, Lots 59-63, and Lots 67-70, as shown on the Subdivision Map, shall have fencing installed within a four (4) foot easement which is hereby reserved upon the rear lot lines of said lots, said fencing to be installed by the Declarant during the Declarant Control Period. The Declamm and the Association shall retain an easement four fact in width along the rear lot line of the above referenced lots, for the purpose of piecing and keeping a fence. Said easement shall be appurtenant to and mn with each affected Lot. The Owner of each Lot referenced above shall be responsible for the maintenance, upkeep, and repair of the portion of fence located upon their Lot, but shall not be responsible for the maintenance, upkeep, and repair of any other portion of the fence. The Owner of any Lot shall be permitted to tie in any fence constructed on their properly to the community fencing along the rear lot line. If any Owner should fail to comply with its responsibilities under this Section, it shall be considered a violation of these Covenants, and the Association shall be entitled take enforcement or corrective action as provided in Article VII, Section 21 of this Declaration. Section 13. Community Boat Ramp and Pier. The Declarant may construct a boat ramp and pier as part of the Common Am for the use of Lot Owners, renters, and guests as provided in this Section. This section shall not be construed to require Declarant to construct a boat ramp and pier. Each Lot Owner shall have the right to use and access said boat ramp and pier, subject to the restrictions contained herein. Any person who is a renter or authorized occupant of any Lot under an executed rental agreement with my Lot Owner may use and access said boat ramp and pier in the some manner as a Lot Owner. No Lot Owner or Renter shall be entitled to allow any guests to use and access the boat ramp or pier under any circumstances. If such boat ramp and pier ate constructed as provided herein, the following rules shall apply to thew use. There shall be no parking in any boat ramp area, or upon the rights -of -Way immediately adjacent to any boat ramp entrance. Furthermore, after any boat is placed in the water, said boat may be tied to the pier, but shall not remain tied to the pier for longer than thirty (30) minutes or interfere in any way with others using the boat ramp. No boat with a length of more than Twenty -Four (24) feet shall be placed in the water by use of any boat ramp. Section 14. Owners' Easements for Drainage. Every Lot is hereby granted a perpetual, non-exclusive right to use any drainage easements designated as such on the Subdivision Map and any Common Arras designated for stormwater drainage on the Subdivision Map for the purpose of stormwater runoff and drainage from said Lots to the stormwater drainage ponds located upon the Common Areas. Section 15. Stormwater Management. The following covenants and restrictions set forth herein are intended to ensure ongoing compliance with Post -Construction Stormwater Management Permit Number SWA 000127 as issued by the Division of Energy, Mineral, and Land Resources (the "Division') under 15A NCAC 02H.1000, effective January 1, 2017: (a) The State of North Carolina is made a beneficiary of this Declaration to the extent necessary to maintain compliance with the Stomwater Management Permit. (b) These covenants are to ran with the land and be binding upon all persons and parties claiming under them. (c) The covenants pertaining to stormwater shall not be allowed to expire and may not be altered or rescinded without the express pem»ssion of the Division. Alternation of the drainage as constructed under the ATC permit approval and as shown on the final stormwater plans submitted as part of the as built package may not take place without the concurrence of the permittee and approval by the Division. (d) The maximum allowable built -upon area (BUA) par lot, in square feet, is as listed in the table attached hereto as Exhibit B and incorporated herein by reference. All Lots shall comply with the built -upon area requirements provided in Exhibit B, or as N F W o U N d' = may be required by any applicable governmental authority ('BUA Limits'). The allotted W amounts shown on Exhibit B includes any built upon area constructed within the lot U y W property boundaries, and that portion of the right-of-way between the front lot line and Q the edge of the street payment and/or sidewalk. The maximum allowable built upon area M U shall not be exoeeded on any lot until the permit is modified to ensure compliance with the stormwater rules. Built upon area has the same meaning as G.S. § 143-214.7, as amended in Session Law 2017-10. - (a) For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum allowable built -upon area, the governing maximum allowable built -upon area shall be the more restrictive of the two amounts. (1) All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system, and/or a vegetated conveyance. (g) A 50 foot wide vegetated setback must be provided and maintained adjacent to all surface waters in accordance with ISA NCAC 02H.1003(4) and the final plans submitted as part of the as -built package. (h) Any individual or entity found to be in non-compliance with the provisions of a stomwata management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in N.C.G.S. § 143, Article 21. Q) If permeable pavement or #57 stone is desired as credit for built -upon area in accordance with 15A NCAC 02H.1055 and G.S. § 143-214.7, theproperty owner must submit a request, with supporting documentation demonstrating compliance with the stormwater rules, to the pernittee and receive approval prior to construction. G) The Committee, as hereinafter defined in Article V, Section 1 shall review all submitted development applications and plans for compliance with the BUA Limits and may in its sole discretion approve or disapprove any applications and plans in order to maintain compliance with any BUA Limits. Any application or plans submitted to the Committee must include and show any and all built -upon areas, and the Committee shall keep records of all approved plans and shall make such records available to the North Carolina Department of Environmental Quality upon written request as provided in the Governing Documents. Approval of any application or plan by the Committee shall not relieve any Owner, Builder, or other applicant from any obligation or responsibility to comply with all legal requirements with regard to BUA Limits. The Association shall have the right but not the obligation to use permeable pavement or permeable concrete for driveways, parking pads, alleys, and parking lots in the Common Areas within the Subdivision to comply with any BUA Limits required by the applicable Governmental Authority for development of the Subdivision. (k) The Declarant may assign to the Association, and the Association shall accept from the Declarant, the assignment of said Stomwater Management Permit and 10 } N O all obligations of the Declarant thereunder. Declarant may further assign to the > 0 powers reasonably necessary to provide the services and perform the obligation sand functions Association, and the Association shall accept from the Declarant any and all agreements d' LL = required of it by the Governing Documents. entered into by the Declarant with respect to Stormwater Control Measures for the N Subdivision, provided the Decli mot has performed, or made adequate provision for the W > Section 2. Membership. Every record Owner of a Lot is a Member of the performance of all obligations, if my, required of the Declarant under any such Association, and by execution of the Declaration or by acceptance of a deed conveying to such agreement with respect to Stormwater Control Measures. The Association shall pay, U Owner title to any Lot, each Owner consents to be a Member of the Association and to be subject provide for, or comply with all bonds and other financial obligations under any to the terms of the Governing Documents. Membership shall be appurtenant to and may not be agreements or legal requirements related to the Stormwater Control Measures or the separated from ownership of the Lot An Owner's membership in the Association automatically Stormwater Management Permit. terminates whenever such person ceases to be an Owner, and Declarant shall be the Class B member at all times that Declarant owns at least one (1) Lot (Which may consist of any (1) Any Lot upon which my Stormwater Control Measures or any portion unsubdivided land owned by Declarant if Declarant owns no other Lots in the Property). thereof is located will be maintained up to the bottom of the perimeter benn by the Termination of membership shall not relesse or relieve any such Owner from any liability or Association. The frequency of any mowing of grass in those portions of any Lot obligation incurred under the Declaration during the period of such Owner's membership in the described above will be determined by the Declarant during the control period. The Association, nor impair any rights or remedies which the Association or any other Owner has Owner of any Lot upon which any Stormwater Control Measures or portion thereof is with respect to such former Owner. located may choose to mow in addition to and more frequently than the Association, provided no damage is caused to any stormwater control messure by more frequent Section 3. Classes of Membership Voting Rights. The Association shall initially mowing. The Owner of a Lot upon which a Stormwater Control Measure is located shall - have two classes of voting membership, Class A and Class B, which shall be described as not obstruct it or interfere with its normal and intended operation. All issues as to whether follows: a smrmwater drainage easement or stormwater management facility is part of the Stormwater Control Measures or portion of any Lot for which the Association is (a) Class A Lots. Class A Lots shall be all Lots except Class B Lots as responsible or whether it is the responsibility of an Owner shall be determined by the defined below. Ownership of each Class A Lot shall entitled the Owner(s) of said Lot to Declarant during the Declarant Control Period, unless the Declarant should otherwise one (1) vote. When more than one person owns an interest (other than a leasehold or assign such right to the Board, and shall be determined by the Board after the end of the security interest) in any Lot, all such persons shall be Members and the voting rights Declarant Control Period. An Operation and Maintenance Agreement is attached hereto appurtenant to said Lot shall be exercised as they, among themselves, determine, but in as Exhibit C oudining various remediation strategies for maintenance of the Stormwater no event shall more than one (1) vote be =at with respect to any Class A Lots Control Mcas ims. (b) Class B Lots. Class B Lots shall be all Lots owned by Declarant which (m) The provisions of this Section shall be construed liberally in order to allow have not been conveyed to purchasers who are not affiliated with the Declarant, including the Declarant and the Association, on behalf of the Subdivision and all Owners, the those Lots annexed into the subdivision after execution of these covenants. The Declarant necessary flexibility to comply with all legal requirements with respect to stormwater shall be entitled to five (5) votes for each Class B Lot owned by it. management, including the execution of agreements regarding Stormwater Control Measures with the City, State, orother Persons, and the granting of easements to the City, Section 4. Amendment. Notwithstanding any other provisions contained herein, so State, or other Persons. long as Declarant owns any Lot, this Declaration, and/or the Bylaws of the Association, may not be amended without its written consent. ARTICLE IV Association Section 5. Board of Directors. The Association shall be governed by a Board of Directors (the "Board') in accordance with the Bylaws. The initial Board of Directors shall Section 1. The Association. Declarant has caused or will cause the Association to be consist of Danny Whaley, James Maides, and Steve Kellum. Notwithstanding any other formed, and the Association does or will exist order its Articles of Incorporation and Bylaws. provisions contained herein, the Declarant shall have the right to appoint or remove any member The Association is and shall be responsible for the maintenance of the Common Elements, the or members of the Board of Directors or any officer or officers of the Association until such time enforcement of the covenants and restrictions set forth in this Declaration, and the performance as the first of the following events occurs: of such other duties and services as are required by the Association under the Governing Documents or as the Board of Directors shall deem to be in the best interests of the Members or (a) Declarant no longer owns any Lot; or applicable portion of Members of the Association. The Association shall have all rights and 11 12 © N U (b) Declarant surrenders the authority to appoint and remove members of the LU oN by the Board. The action taken by the Board shall become effective on the later of the 310 day Board of Directors and officers of the Association by an express amendment to -this after the action is taken by the Board or such later effective date specified in the notice, unless, Declaration executed and recorded by the Declarant. W iN 2 prior to the effective date, Members representing move than fifty percent (50%) of the total CJ M number of votes in the Association disapprove such action at a meeting or in writing to the Section 6. Suspension of Membership Rights. The membership rights of any W Q ' Board. The Board shall have no obligation to call a mating of the Members to consider member of the Association, including the right to vote, may be suspended by the Board of a M V disapproval except upon receipt, prior to the effective date of the action taken by the Board, of a Directors pursuant to the authority granted in the Bylaws. Any such suspension shall not affect petition of the Members as required by the Governing Documents for special meetings of the such members obligation to pay assessments coming due during the period of such suspension Association or a written request from the Declarant Upon such petition of the Members or and shall not affect the permanent charge and lien on the Member's Lot in favor of the written request from the Declarant prior to the effective date of any Board action under this Association for unpaid assessments or other obligations under the Governing Documents. Section, the proposed action shall not become effective until after such meeting is held, and then subject to the outcome of such meeting. Section 7. Rules and Regulations. As part of the general plan of development for the Property, the Governing Documents establish a framework of of imative and negative No action taken by the Board pursuant to this Section shall have the effect of modifying, covenants, easements, and restrictions. Within that framework, the Declarant, Board, and amending, repealing, limiting, or expanding the Architecture] Standards Guidelines or any Members need the ability and flexibility to supplement this Declaration with additional Rules provision of this Declaration or other Governing Documents. If the event of conflict between and Regulations to respond to unforeseen problems and changes in circumstances, conditions, the Rules and Regulations and the Architectural Standards Guidelines, this Decimation, or any needs, desires, trends, and technology. This section does not apply to the Board policies misting other Governing Documents, the Architectural Standards Guidelines, this Declaration, or any to use and operation of the Common Area adopted by the Board unless the Board in its discretion other Governing Documents shall control. chooses to submit to such procedures. This section does not apply to administrative policies which the Board adopts to interpret, define, or implement the Rules and Regulations or other All owners are hereby given notice that the use of their Lots and Dwellings is subject to the Governing Documents, nor does it apply to any Architectural Standards Guidelines. Rules and Regulations as modified from time to time. By acceptance of deed, each Owner acknowledges and agrees that the use and enjoyment and marketability of such Owner's Lot and All Owners and other Occupants of all portions of the Property and their guests and invitees shall Dwelling can be affected by this provision and that the Rules and Regulations may change from abide by the Rules and Regulations. Compliance with the Rules and Regulations may be time to time. enforced in the same manner and to the same extent that this Decimation provides for enforcement of this Declaration, and any person determined by judicial action to have violated Notwithstanding the foregoing nothing in the Rules and Regulations shag conflict with or the Rules and Regulations shall be liable to the Declarant or Association or other applicable violate the following requirements: person for all damages and fines, including all costs incurred in seeking and enforcing applicable legal remedies, including reasonable attorneys' fees. (a) Similarly situated Owners shall be treated similarly, the determination of which Owners are similarly situated being in the reasonablejudgment of the Declarant or Subject to the terms of this section and Board's duty to exercise businessjudgment and Board, as applicable. reasonableness on behalf of the Association and its Members, the Board may adopt, amend, modify, cancel, repeal, limit, create exceptions to, add to, or expand the Rules and Regulations. (b) The rights of the Owners to display religious and holiday signs (the word The Board shall give notice to each Owner concerning any such proposed action at least five (5) "signs" here including signs, banners, flags, symbols, decorations, and other displays) business days prior to the Board meeting at which such action is to be considered Owners shall inside dwellings shall not be abridged, and no rules shall regulate the content of political have a reasonable opportunity to be heard at a Board meeting prior to such action being taken. signs; however, rules may regulate the number, size, time, place, and manner, and length During the Declarant Control Period, no action taken by the Board pursuant to this subsection of time, of posting or displaying such political signs that are located outside of or are shall be effective unless approved in writing by the Declarant visible from outside of the Dwelling. Prior to any such action taken by the Board becoming effective, the Board shall give notice of (c) No role shall alter the allocation of financial burdens among the various the new rule or explanation of any changes to the Rules and Regulations to each Owner, which portions of the Properties or rights to we the Common Areas to the detriment of any notice shall state the effective date of the action, which shall not be less than thirty (30) days Owner over that Owner's objection expressed in writing to the Association. The following the date on which the action is taken by the Board. The Association shall provide to foegoing shall not prevent the Association from changing the Common Armes available, any requesting Owner (but not to more than one Owner of a Lot), without cost, one copy of the f}ore adopting generally applicable Hiles for use of the Common Areas, or from denying Rules and Regulations then in effect, together with the action taken by the Board Additional use privileges to those who are delinquent in paying assessments, abuse the Common copies may be provided by the Association upon payment of a reasonable charge as established 13 14 Areas, or violate the Governing Documents. This provhion.does not affect the right to Directors shall have the authority no amend the Guidelines or to authorize the Committee to increase the amount of assessments as provided in this Declaration. make such amendments as the Board of Directors may approve. (d) No rule shall prohibit leasing that is consistent with the terms of this Section 3. General Guidelines. Declaration, and no rule shall require the consent of the Association or Board for leasing or transfer of any Dwelling or Lot (a) Reservations. The Declamm reserves the right to change, alter, or redesignate roads, pedestrian easements, utility and drainage facilities, and such other (a) No nde shall require an Owner to dispose of personal property that was in present and proposed amenities or facilities as may, in the solejudgment of the Declarant a Dwelling or on a Lot prior to the adoption of such role if such personal property was in }be necessary or desirable. compliance with all rules previously in force. This exemption shall apply only during the N period of such Owner's ownership of the Lot and shall not apply to subsequent Owners become Owners L J N U (b) Variances. The Committee shall be empowered to allow adjustments of who after adoption of the role. N the conditions and restrictions stated herein in order to overcome practical difficulties and (f) Without the consent of the Declarant, no rule or action by the Board or LU prevent unnecessary hardships in the application of the regulations contained herein, =provided, however, that such is done in conformity to the intent and hereof, and Members shall restrict, impair, prohibit, exclude, impede, interfere with, or in any way V purposes provided, also, that in every instance such variance or adjustment will not be materially adversely affect any rights of the Declarant. LU Q detrimental or injurious to other property or improvements in the neighborhood.. The Committee may provide for mles and procedures regarding how Variances may be V The limitations in subsections (a) through (f) shall only limit the role making authority requested and under what circumstances Variances may be granted or denied in the 0 exercised under this Section; they shall not apply to other Sections and provisions of this Guidelines. Declaration. Section S. Right to Use Management Company. Notwithstanding any other (c) Development Concept. It is the express intention of the Declarant to maintain in this residential community a uniform plan of development that will blend provision of this Declaration, the Declarant, during the Declarant Control Period, or the Board, with and not detract from the natural environment with respect to design, type, and after the Declarant Control Period has ended, may contract with a Management Company as general appearance of the structures to be erected on the lots. Owners are encouraged to provided in the North Carolina General Statutes to manage the affairs of the Association and have their architects contact the Committee prior to any costly design work for concept enforce this Declaration. guidelines pertaining to the residential community. ARTICLE V (d) Submission and Approval of Plans. Any proposed Site Plans, Grading Design and Architectural Control Plans, Building Plans and Specifications, Exterior Colors and Finishes, and Construction Schedules must be submitted to and approved by the Committee as provided in the Section 1. Architectural Standards Committee. For the purposes of this Article, Guidelines. The Committee's Architectural Control shall be absolute and in its sole the Declarant shall function as the Architectural Standards Committee (the "Committee") so long discretion; the Committee may require modifications of plans based on solely aesthetic as Declarant is a Class B Member of the Association. After the termination of the Declarant's considerations, or any offsite considerations. The Committee's approval is required for Class B Membership, the Board of Directors of the Association shall establish the Committee, any improvement including but not limited to location and construction of individual boat which shall initially consist of three (3) members, by appointing the members of the Committee slips, driveways, outbuildings, and fences. to carry out the functions set forth in this Article. Members of the Committee may be appointed to or removed from the Committee at any time for any reason by the Board. Without the prior written consent of the Committee, no changes or deviations in or from such plans or specification as approved shall be made. No alterations in the exterior Section 2. Architectural Standards Guidelines. The Committee shall prepare and appearance of any building or structure, or in the grade, elevation, or physical .promulgate Architectural Standards Guidelines (the "Guidelines"), which may contain general characteristics of any lot shall be made without like approval by the Committee. Failure provisions applicable to all of the Property. The Guidelines are intended to provide guidance to to obtain the Committee's approve] of any plans as provided in the Guidelines, to adhere Owners and Builders regarding matters of particular concern to the Committee in considering to any approved plan, or to obtain the Committee's approval of any changes or plans and specifications. The Guidelines are not the exclusive basis for decisions of the derivations in or from an approved plan shall be considered a violation of these Committee and compliance with the Guidelines may not be guarantee approval of any plan or covenants. specification. Dxlarant shall have sole and full authority to amend the Guidelines during the Declarant Control Period, and upon termination of the Declarant Control Period, the Board of 15 16 } N H W o U Section 4. Pier and Boat Dock Design and Location. The design and location of all > N in accordance with the highest standards for a private residential community including piers, docks and pilings for pedestrian and boat docking use shall be subject to the approval and W N = any necessary removal and replacement of landscaping, absolute discretion of the Declarant during the Declmant Control Period, and thereafter the Committee, subject to the requirements of any laws or ordinances promulgated by any 1U Q r (f) to provide such security services as may be deemed reasonably necessary government body. Im TIE for the protection of the Common Areas from theft, vandalism, fire, and damage from ci animals; ARTICLE VI - Q Covenant for Maintenance Assessments (h) to pay all ad valorem taxes levied against the Common Areas and any property owned by the Association; Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any () to pay the premiums on all hazard insurance carried by the Association on Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is the Common Areas and all public liability; deemed to covenant and agree to pay to the Association: (1) annual assessments or charges which are Common Expenses, and (2) special assessments for any purpose and (3) to the (17 to pay all legal, accounting, and other professional fees incurred by the appropriate governmental taxing authority, a pro rum share of ad valorem taxes or assessments Association in carrying out its duties as set forth herein or in the Bylaws, and for any Common Areas, including roads, if the Association shall default in payment thereof. The annual and special assessments, together with interest and costs, and reasonable attorneys' fees (k) to accumulate and subsequently maintain a contingency reserve equal to for collections, shall be a charge on the land and shall be a continuing lien upon the Lot against 10% of the sum of the amounts described in subsections (a) through 6) above in order to which each such assessment is made. Each such assessment, together with interest at the highest fund unanticipated expenses of the Association. into allowed under the laws of the State of North Carolina, costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time Section 3. Minimum Annual Assessment. The initial minimum annual assessment when the assessment fell due. The personal obligation for the delinquent assessments shall not shall be $700.00 per year. Assessments shall commence beginning the first day of the month pass to his successors in title unless expressly assumed by them. following conveyance of the Common Area to the Association. So long as there exists Class B Lots, the Declarant shall pay an dues or assessments. Section 2. Purpose of Annual Assessments. 7be annual assessments levied by the Association shall include, but not be limited to, the uses as follows: (a) to maintain all roads constructed within the Common Areas to the standard of maintenance which would be required by the State of North Carolina before it would accept such roads for maintenance; provided that this provision does not require that the width of the road rights -of -way be the width required as set forth before such roads would be accepted by the State of North Carolina for maintenance; (b) to maintain all access easements in the Common Areas in an easily passable condition, free from fallen trees, undergrowth, and other obstmetions; and to keep all dead, diseased, or decaying trees, shrubs, and bushes removed from such areas and to replace such items with new trees, shrubs, and bushes; (c) to maintain all drainage easements in the Common Areas to prevent flooding; (d) to keep the Common Areas and the drainage and access easements free of pollution and natural debris; (a) to keep all amenities in the Common Areas clean and free from debris and to maintain all amenities in an orderly condition, and to maintain the landscaping therein The Owners of any Lots connected to the Community Septic System, including Lots 49-50 as shown on the Subdivision Map, shall be required to pay in addition to the initial assessment a pro-mta sham of any costs associated with the community septic system (the "Septic Assessment"). The Septic Assessment shall be calculated by dividing the full cost of maintaining and repairing the community septic system the number of lots connected to the community septic system. Any amounts paid as part of the Septic Assessment which are not used in a given fiscal year for the maintenance and upkeep of the community septic system shall be carried over to the following fiscal year and used to offset the costs of maintenance and upkeep for the community septic system. Section 4. Collection of Assessments. The annual assessments levied by the Association shall be collected as follows: (a) the first pro rate payment of the balance of the current year assessment shall be due and payable beginning on the day of closing. The Board of Directors shall fix the amount of the assessment against each lot at least thirty (30) days in advance of the annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments be paid in pro rate monthly installments, quarterly installments, semiannually installments, as well as annually. The Association shall, upon demand, and for a reasonable charge, furnish a 17 18 } LU N U certificate signed by an officer of the Association setting forth whether the assessments W N on a specified Lot have been paid. > tit (b) from and after January 1 of the year immediately following the W Cq _ conveyance of the first Lot to an Owner, the minimum annual assessment may be W rQ r increased each year not more than fifteen percent (15%) above the minimum annual IIx g U assessment for the previous year without a vote of the membership. Additionally, the Septic Assessment may be increased upon the same terms as provided herein for the minimum annual assessment (e) From and after January l of the year immediately following the conveyance of the first Lot to an Owner, the minimum annual assessment may be increased above fifteen percent (1501) by a vote of two-thirds (2/3) of the Members who are voting in person or by proxy, at a meeting duly called for this purpose. Additionally, the Septic Assessment may be increased upon the same terms as provided herein for the minimum annual assessment. Except, however, increases attributable solely to the annexation of new areas, including new Common Areas, shall not be subject to this limitation. Section S. Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for any purpose, provided that any such assessment shall have the consent of two- thirds (2/3) of the votes of the Members. Section 6. Notice and Quorum for Actions Authorized Under Sections 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At such meeting the presence of Members or proxies entitled to cast fiftyone percent (51 %) of all the votes of each Class of membership shall constitute a quorum. If the required quorum is not present, another meeting shall be called, subject to the same notice requirement, and there shall be no required quorum at this subsequent meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid when due shall be delinquent the assessment shall bear interest from the due date at the rate established by the Board of Directors of the Association, or if not set by the Board, at the maximum tare allowed by law, together with such late fees as may be set by the Board. The Association shall file a lien of record against any Lot where there remains an assessment unpaid for a period of thirty (30) days or longer. Said lien shall be filed in the Office of the Clerk of Superior Court of Carteret County in a manner provided therefor in the North Carolina General Statutes. No Owner may waive or otherwise escape liability for the assessments provided for herein by not using the Common Am or abandoning his Lot. The Association may take legal action to enforce the lien in any manner prescribed by the North Carolina General Statutes, including but not limited to bringing an action at law against the Owner personally obligated to pay any assessments and interest, or foreclosing on the lien in like manner a s a mortgage on real estate under power of sale under Chapter 45 of the Notch Carolina General Statutes. Costs and reasonable attorneys' fees for the prosecution of any such action or foreclosure proceeding shall be added to the amount of such assessment, and any and all fees, charges, late charges, fines, and interest may also be added to the amount of such assessment. Section 8. Effect of Default in Payment of Ad Valorem Taxes of Assessments for Public Improvement by Association. Upon default by the Association in the payment to the governmental authority entitled thereto of any ad valorem taxes levied against the Common Area or assessments for public improvements to the Common Area, which default shall continue for a period of six (6) months, each Owner of a Lot in the development shall become personally obligated to pay to the taxing or assessing governmental authority a portion of such unpaid taxes or assessments in an amount determined by dividing the total taxes and/or assessments due the governmental authority by the number of Lots in the development. If such surn is not paid by the Owner within thirty (30) days following receipt of notice of the amount due, then such sum shall become a continuing lien subject to the lien of the governmental authority levying said ad valorem taxes on the Lot of the then Owner, his heirs, devisees, personal representatives and assigns, and the taxing or assessing governmental authority may either bring an action at law or may elect to foreclose the lien against the Lot of the Owner. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust on a Lot or any mortgage or deed of trust to the Declamnt. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer, provided, however, that the Board of Directors may in its sole discretion, determine such unpaid assessments to be an annual or a special assessment, as applicable, collectable pro-rata from all Owners including the foreclosure sale purchaser. Such pro-mta portions are. payable by all Owners notwithstanding the fact that such pro -rota portions may cause the annual assessment to be in excess of the maximum permitted under Section 4. No sale or transfer shall relieve the purchaser of such Lot from liability for any assessments thereafter becoming due or from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any mortgage or deed of trust as above provided. Section 10. Rights of Mortgagees. A holder or insurer of a mortgage, upon written request to the Association (such request to state the time and address of such holder or insurer and the description of secured properties) will be entitled to timely written notice of. (a) Any condemnation or casualty loss that affects either a material portion of the project or Lot securing its mortgage. (b) Any sixty (60) day delinquency in the payment of assessments of charges owed by the Owner of any Lot upon which it holds a mortgage. 19 20 (c) A lapse, cancellation, or material modification of any insurance policy or . LU o V Military (Army, Navy, Marines, Air Force, Coast Guard, Space Force) shall be permitted to be fidelity bond maintained by the Association. > N flown or hung on any lot. Any flag displayed shall be (i) no greater in size than four feet by six !N = feet (4' x 6% (it) displayed in accordance with or in a manner consistent with the customs set (it) Any proposed amendment to the project instruments effecting a change in LI N 0 forth in 4 U.S.C. §§ 5-1..0, as amended, and (iii) displayed only on individual Lots, not in the boundaries of any Lot, ownership of Common Elements, if any, the number of votes UJ Common Areas, easements, and or rights -of -way. Notwithstanding the foregoing, no yard in the Association pertaining to any Lot or any proposed change in the restrictions on the mounted flag pole shall be installed upon any Lot. Property. V Section 6. Signs. No signs shall be permitted to be placed, hung, or otherwise ARTICLE VII displayed on any Lot that is larger than 24 inches by 24 inches (2V x 24") in size. Signs placed General Use Restrictions upon any Lot shall not display any vulgar, obscene, or undesirable language or imagery, and shall not advertise or solicit for any business, enterprise, or organization. Display ofpolitical Section 1. Residential Use. No structure, except as hereinafter provided, shall be signs shallbe permitted subject to the restrictions and requirements contained in North Carolina erected, altered, placed, or permitted to remain on any residential lot other than a detached General Statute § 47F-3-121(2). Furthermore, nothing herein shall be construed to prevent any single-family dwelling. No building or other structure, or part thereof at any time situated on Builder who currently owns or is contracted to developmyLot from displaying a sign on that such residential lots shall be used as a professional office, charitable or religious institution, Lot, or to prevent any Owner from displaying a sign for any home security service whose system business or manufacturing purpose, or for any use whatsoever other than residential and dwelling is installed upon that Lot, provided that those signs comply with the size requirement stated purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on above. or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment unit thereoa Notwithstanding the foregoing, during the Declarant Section 7. Exterior Antennae, Satellite Dishes, and Aerials. No exterior radio and Control Period, the Declarant and any Builder (an long as the Builder owns or has the right to television aerials and satellite dishes for reception of commercial broadcasts shall be permitted buy any Lot from Declarant), or such other Person with Declarant's consent, may maintain in the Subdivision. model homes, sales offices, and temporary construction trailers and other improvements and facilities within the Properties for the purpose ofconducfing business related to the development, Section 8. Animals and Pets. No animals of any kind shall be raised, bred, or kept improvement, and/or sale or marketing of any par or all of the Properties, including the sale and on any Lot or in any Dwelling Unit or in the Common Areas, except that two dogs, two cats or marketing of Lots. Additionally, the Owner of any Lot may use a portion of a building located on one of each may be kept in a Dwelling, subject to the Rules and Regulations, provided that any such Lot as a home office, provided that such use does not create a regular customer, client, or such household pet is not kept, brad or maintained for any commercial purpose, and that it is employee traffic to and from such Lot, and no sign, logo, symbol, or nameplate identifying any kept subject to the Rules and Regulations of the Association. Dogs, cats or other household pets business is displayed anywhere on such Lot must be kept within the confines of the Owner's Dwelling or within a fence and/or electric fence upon any Lot, except when being held on hand leash by the pet owner of the aninmL No Lot Section 2. Nuisances. No noxious, offensive, or illegal activity shall be carried out Owner shall install a fence and/or electric fence on any portion of the Common Area without the on or conducted upon any Lot nor shall anything be done on any Lot that shall be or become an prior written consent of the Board. No pet may be "staked", housed, tied up or otherwise left in unreasonable annoyance or nuisance to the neighborhood, any Common Ama. A Lot Owner shall be responsible for cleaning up after his household pet Notwithstanding the above, the Association shall have the right to promulgate Rules and Section 3. No Timesharing. No Dwelling on the Property shall be used for operation Regulations pertaining to the size, number and type of such household pets and the right to levy of a timesharing, fraction -sharing, or similar program whereby the right to use or occupancy of fines and enforcement charges against persons who do not clean up after their pets. Additionally, the Dwelling rotates among participants in the program on a fixed or floating time schedule ova the right of an occupant to maintain an animal in a Dwelling shall be subject to termination if the any period of time. Board in its full and complete discretion, determines that maintenance of the animal constitutes a nuisance or creates a detrimental effect on the Subdivision or occupants. No doghouse or other Section 4. Rentals. No Lot Owner shall lease any Lot or any improvement located structure used or intended for the housing or keeping of animals may be constructed, placed or thereon for any period shorter than 12 months in a single rental term. No lot or improvement maintained on any part of the Common Areas. Owners shall be solely and absolutely liable for located thereon shall be used for short -tern rentals, vacation rentals, or for any other rental the acts of any pet kept on their Lot period which is less than 12 months in a single rental term. Notwithstanding the foregoing, Lot 24 as shown on Exhibit A may be used for short term rentals or vacation rentals. Section 9. Swimming Pools. Outdoor swimming pools, hot tubs, Jacuzzis, and other similar facilities may be located in the rest of a Lot only after Committee approval, and shall be Section S. Flags. No flags other than the national flag of the United States of screened and fenced so as not to be generally visible from adjoining lots, easements or common America, the state flag of North Carolina, or the flag of any military branch of the United States areas. All such improvements shall be subject to approval and compliance with all governmental 21 22 0 N o U laws and regulations. Notwithstanding the foregoing, in no case shall an above ground pool be M cl = � crosses the sheet tight -of -way in order that the natural flow of drainage will not at any located or installed upon any Lot e.) LU time be blocked along the street right-of-way. The size of such drainage pipe shall be Q determined by the Association, or the appropriate municipal regulatory authorities. Section 10. Construction Guidelines. ei All improvements constructed must have gutters to collect rain runoff off roofs and flat (a) Dwelling Sizes. Dwellings located upon all Interior Lots shall not be less areas. All runoff and drainage must be directed to flow towards the streets, and shall not than 1,800 heated square fat in size. This size requirement shall not apply to any be allowed to flow towards the waterfront There shall be no drainage or runoff from beat detached garages or outbuildings. _ pumps, pools, showers or other improvements or facilities located on any lot which shall be allowed to tun into or towards the waterfront. (b) Dwelling Height No Dwelling shall be more than three and one-half stories tall, inclusive of the bottom floor of said Dwellings. This height requirement shall (g) Window Air Conditioning Units. No window air conditioning unit shall additionally apply many other improvements built within the Development. be installed upon my improvement Notwithstanding the foregoing, no Dwelling a improvement shall be permitted to measure more than forty (40) feet in height as measured from the lowest point of contact (h) Outbuildings. Any buildings which are, not attached to the Dwelling with the ground to the highest point of the Dwelling or improvement, excepting and located upon my Lot shall be site built, and shall be constructed of the same exterior excluding from that measurement any raised chimneys. materials, colors, and design as said Dwelling. Said outbuildings shall only be located in the rear yard of my Lot no closer to the street righto&way than the rear of the Dwelling (c) Fences. Fences may be placed upon any lot, subject to the restrictions located upon said Lot contained herein. Fences placed upon my Interior Lots, and shall be limited to a heigh of five (5) feet and may onlybeconstructed or white vinyl. - Section 11. SightDistunces at Intersections. No fence, wall, hedge orshrub planting Lot loser the street tgght-o way than the rear of No right-of-way No fence maybe located upon which obstructs sight lines at elevations between two (2') and six (61) feet above the roadways t a closer the Dwelling located on said Lot and no closer ro the street right-of-way than the shall be placed or permitted to remain on my comer lot within the triangular area formed by the mio building line my comer lot Along any side rear lot line which adjoins street property lines and a line connecting them at points twenty-five feet (25D from the mother r her L side or rear lot line, no force may it built within two fat of lot intersection of the street lines, or in the case of a rounded property come , from the intersection any n prior rosaid lines. In any event, ¢o fence shall be placed upon my Lot without prior approval from of the street property lines extended. The same sight line limitations shall apply on any Lot the Committee. within tan feet (10) from the intersection of a street property line with the edge of driveway or alley pavement No tree shall be permitted to remain within such distances of such intersections The Owner of my Lot with a fence along a Lot line adjoining a neighboring Lot shall unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. have the right of access over the neighboring Lot for the purpose of maintenance, upkeep, repair, and modification of said fence. The space in between fances located between Section 12. Parking. Parking by my vehicle shall only be allowed upon concrete adjoining lots shall be maintained) the Lot Owners of those Lots. Gress shall not driveways located upon any Lot. No vehicle shall be puked in any yard, or in any street right -of - i allowed to grow higher than six (6) inches in the space between fences located my y way. No vehicle without a current inspection sticker, vehicle with a Gross Vehicle Weight adjoining lots. If said Lot Owners fail ro reasonably maintain the areas between their t LGV of over 5,000 lbs. era (� �% pry, camper trailer, motor home, or bus shall be parked for more fencing and lot line, the Association may in its sole discretion take action as provided in than twenty-four (24) hours consecutively on any Lot except in an enclosed garage; provided Article VII, Section 21 to inter upon that Lot and provide for the maintenance of said hawever, guests of an owner may park such vehicle for a period not to exceed seven (7) days space between any fence and a lot line, each calendar year. No pleasure boat on its trailer or any boat trailer by itself shall be puked on my Lot for more than twenty-four (24) boos consecutively, and must be parked only upon a (d) Underground Utility Requirements. All electric transmission or service concrete driveway. No automobile(s), other vehicle(s), motorcycle(s), trailer(s), or other similar lines within the perimeter bounds of any Lot, Common Ara, or easement shall be items shall be repaired or placed "on blocks" or stands except in an enclosed garage. installed beneath the surface of the ground. Section 13, Prohibited Structures. No structure of a temporary character, trailer, (a) Adequate Drainage Requirements. It shall be the obligation of the Lot basement, tent, shack, garage, bam or other outbuilding shall be used on my Lot at my time as a Owner to provide adequate drainage of his or her lot to the end that the property or residence either temporary or permanently. No trailer, mobile home, camper or like vehicle shall properties adjacent to said lot shall not be subjected to other than the natural flow of be allowed on the property at my time, or any other structure which is finished or partially drainage presently existing. It shall also be the obligation of the lot owners to provide, finished at a manufacturing unit or plant and transported for quick assembly or which is designed install, and maintain adequate culverts or drainage pipes beneath his or her driveway as it to be disassembled and relocated shall be allowed. 23 24 } Sntiog14. Street Lighting Agreement. The Declarant reserves the right to subject N W U the Properties to a contract with an electric utility company for the installation of underground N electric cables and/or the installation of street lighting, either or both of which may require an ! o initial payment and/or continuing monthly payments to an electric utility company by each Lot W _ Owner. W Q r Section 15. Trash Collection Agreement. The Declarant reserves the right to subject IX : V the Property to a contract with a trash collection service for all Lots, which may require an initial Q payment and/or continuing monthly payments to a mash collection company by each Lot Owner. Section 16. Hazardous Activities. Nothing shall be done or kept on any lot or in the Common Area which shall increase the ate of insurance on the Common Area or any other lot without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept on his lot or in the Common Area which would result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. Section 17. Play Equipment. Recreational and playground equipment shall not be placed on the front or side yard of any Lot nor in the rear of any Lot adjacent to the Common, Areas without prior written consent of the Committee. Materials, colors, and other specifications shall be as provided in the Guidelines and otherwise as approved by the Committee. Section 15. Window Treatments. Except as may be otherwise approved in accordance with the Guidelines, all window treatments (which include curtains and other window coverings) visible from the outside of a Lot shall be white or off-white in color. No bed sheets, towels, newspaper, tinfoil, or similar materials may be used as window treatments. Section 19. Wetlands. Portions of the Property maybe or have been determined to meet legal requirements for designation as a regulatory wetland. Notwithstanding anything to the contrary that may appear herein, any subsequent fill or alteration of this wetland shall conform to the requirements of state wetland rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this restriction is to prevent additional wetland fill, so the property owner should not assume that a future application for fill will be approved. The property owner shall report the name of the subdivision, in any application pertaining to wetland rules. This cevenant is intended to ensure the continued compliance with wetland rules adopted by the State of North Carolina therefore benefits may be enforced by the State of North Carolina. This covenant is to mn with the land and shall be binding on all parties and all persons claiming under them. Section 20. Exclusion for the Declarant. Notwithstanding any other provision of this Declaration or any other Governing Documents, Declarant, during the Declarant Control Period, and the Board, after the termination of the Declarant Control Period, has the right to waive any one or more of the provisions of this Article with respect to construction or maintenance of any improvement in the Properties, except that there shall be no waivers with respect to soil erosion controls and any requirements of the laws and ordinances of the State of North Carolina, the County of Carteret, or the Town of Cedar Point. Any such waiver granted by the Declarant during the Declarant Control Period shall be binding upon the Board after the Declarant Control Period has ended. Section 21. General Owner Responsibility. Except where the Association has the express obligation to do so, each Owner shall maintain and keep in good repair all landscaping and yard maintenance not otherwise the responsibility of the Association, m well as all other exterior portions of the Lo4 including windows, exterior lighting, painting, roofing, stoops, patios, porohes, decks, and all structures, driveways, parking areas, and any other improvemedts comprising the Lot in a manner consistent with the scheme of development, community wide standards, and all Governing Documents. Owners shall keep their Lot free from all litter, trash, and refuse. In the even the Board of Directors determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible, the Association shall, except in emergency situations, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repair, or replacement deemed necessary. The Owner shall have thirty (30) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or in the even that such maintenance, repair, or replacement is not capable of completion within a thirty (30) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply wit the provisions herein, the Association may provide such maintenance, repair, or replacement and all costs thereof shall be assessed against the Owner as a specific assessment. In an emergency situation, the Association may perform the necessary maintenance, repair, or replacement without any prior notice to the Owner responsible for such maintenance, repair, or replacement, and such Owner shall be liable for the costs thereof. ARTICLE VH1 Disclosures and Waivers Section 1. Construction Activities. Owners and other persons am placed on notice that Declarant, Builders, and/or their respective agents, contractors, subcontractors, licensees, and other designees, successors, or assigns, may from time to time conduct activities related to construction and development within the Property. Section 2. Liability for Association Operations. The Association shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless Dmlama4 its successors and assigns, and its sharcholdmi, directors, officers, partners, members, managers, agents, and employees from and against any and all losses, claims, demands, damages, costs, and expenses of whatever kind or nature (including, without limitation, reasonable attorneys' fees and costs of court, arbitration, or mediation, and whether or not suit is instituted, including those incurred in establishing the right to be indemnified, defended, and held harmless pursuant hereto), which relate to or arise out of Association management and operations, including without limitation, improvement maintenance, and operation of Common Elements and the collection of assessments. 25 26 Section 3. View Impairment. None ofDeclamot, any Builder, or the Association guarantee or represent that any view from, over, or across any portion o the Property will be Section 7. Consent. Except as otherwise may be specifically required by the preserved without impairment None of Declarant, any Builder, Or the Association shall be i' Governing Documents or Legal Requirements, where the consent of the Owner of a Lot is obligated to relocate, prune, or thin trees or other landscaping except as otherwise required under Q N necessary, and such Lot is owned by more than one Person, the consent of any one of such a separate covenant or agreement, if any. The Association (with respect to the Common LU N Owners is sufficient. Elements) has the right to add or remove trees and other landscaping to and from the Common > Elements, subject to any legal requirements. Any express or implied easements for view — .,4, = LLJ Section 8. Conflicts. If there is any conflict between the provisions of this purposes or for the passage of light and air are hereby expressly disclaimed. N V Declaration, and any amendment or supplemental declaration hereafter recorded, the Articles and W Bylaws of the Association, the provisions of this Declaration shall control- If them is any conflict ARTICLE IX L between the Articles and the Bylaws of the Association, the Articles shall control. To the extent Miscellaneous Provisions V that any governmental law, ordinance, or regulation requires a more restrictive standard than the Q standards set forth in this Declaration, said governmental law, ordinance, or regulation shall Section 1. Enforcement. The Association or any Lot Owner may enforce these control. covenants, conditions, and restrictions. Enforcement of these covenants, conditions, and restrictions shall be by any proceeding at law or in equity against any person or persons violating Section 9. Assignment by Declarant. If the Declarant shall transfer or assign the or attempting to violate ("Violating Party") any covenant, condition or restriction, either to development of the Development or if it shall be succeeded by another in the development of the restrain or enjoin violation or to recover damages, and against the land to enforce any lien Development, than such transferee, assignee, or successor shall be vested with the several rights, created by these covenants. In addition to all other amounts due on amount of said violation or powers, privileges, or authorities given said Declarant by any part or paragraph hereof. The attempted violation, the Violating Parry shall be liable to the parties enforcing the covenants foregoing provisions of this paragraph shall be automatic, but the Declarant may execute such and/or restrictions of this Declaration (the "Enforcing Parties") for all reasonable attorney's fees instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and and court costs incurred by the Enforcing Parties. Failure or forbearance by the Association or authorities in such transferee, assignee, or successor. In the event the Declarant contemplates or any Owner to enforce any covenant, condition or restriction heroin contained shall in no event be is in the process of dissolution, merger of consolidation, the Declarant may transfer and assign to deemed a waiver of the right to do so thereafter. In any lawsuit filed to enforce this Declaration such person, firm or corporation as it shall select any and all rights, powers, privileges, and by injunction or restraint, there shall be and there is hereby created and declared to be a authorities given the Declarant by any part or paragraph hereof, whether or not the Declarant conclusive presumption that any violation or breach or any attempted violation or breach of any shall also transfer or assign the development of such subdivision or be succeeded in.the of the within covenants, conditions or restrictions cannot be adequately remedied by action at development of such subdivision. In the event that at any time hereafter there shall be no person, law or by recovery of damages. firm, or corporation entitled to exemise the rights, powers, privileges, and authorities given said Declarant under the provisions hereof, such rights, powers, privileges and authorities shall be Section 2. Severability. Invalidation of any one of these covenants or restrictions by vested in and exercised by the Association to be elected or appointed by owners of a majority of judgment or court order shall in no way affect any other provisions which shall remain in full the Iota of said land. In such event, the Association shall then have the same rights, powers, force and effect privileges, and authorities as are given to the Declarant by any part or paragraph hereof Nothing herein shall be constructed as conferring any rights, powers, privileges, and authorities in said Section 3. Titles. The titles, headings, and captions which have been used throughout Association except in the event aforesaid. the Declaration are for convenience only and are not to be used in construing the Declaration or any part thereof, except as necessary with respect to any cross-referencing of any provisions of Section 10. Costs and Attorneys' Fees. In any action to enforce the provisions of the Declaration. this Declaration or the Governing Documents, the prevailing party shall be entitled to recover their costs of litigation and their reasonable attorneys' fees. Section 4. Number and Gender. Whenever the context of the Declaration requires, the singular shall include the plural and one gender shall include all. - Section 11. Marketable Title Act. D is the intention of the Declarant that the Declaration exist and continue until terminated as provided herein, and that it constitute an Section 5. No Exemption. No Owner may become exempt from any obligations exception to any automatic termination or expiration provision that might be applicable under the . imposed hereby by non-use or abandonment of Common Elements or any Lot owned by such Real Property Marketable Title Act as contained in Chapter47B of the North Carolina General _ Owner. Statutes, or under any successor or replacement stature or any other Legal Requirement that would or could terminate the Declaration other than in the manner provided for termination Section 6. Subdivision of Lots. No lot shall be subdivided, or its boundary lines herein- Accordingly, the Association, in its discretion, may re-record in the Registry the changed except with the prior written consent of the Association. Declaration or some memorandum or other notice hereof in order to continue the Declaration in 27 28 full force and.effect and/or to qualify the Declaration as an exception to any such automatic termination or expiration provision of the Real Property Marketable Title Act m any other Legal Requirement. Section 12. Amendment. This Declaration is subject to being altered, modified, ? cancelled, or changed at any time as to the Development as a whole or as to any Lot or part thereof as follows: W (a) During the Declaimer Control Period, the Declarant or the Declarant's W ix assignee may amend this Declaration without the consent of any other party by written document executed by the Declarant and recorded in the Carteret County Registry. (b) During the Deelarant Control Period, this Declaration may be amended by the Owners of not leas than ninety percent (90%) or more of the lots by written document executed by said ninety percent (90%) ofthe Lot Owners and recorded in the Carteret County Registry- (C) Upon the termination of the Declarant Control Period, this Declaration may be amended by written document executed by not less than seventy-five percent (75%) of the Lot Owners and recorded in the Carteret County Registry. Section 13. Remedies Against Violations. The covenants and restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Declarant shall violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Declarant, or any person or persons owning any residential lot on said land: (a) to prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (b) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restrictions for the purpose of preventing such violation, provided however, that the remedies in this paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this paragraph, enforcement of these covenants and restrictions shall be made by the Association, of which every record owner of a fee or undivided fee interest in any lot shall be a member. Section 14. Entry. The Association reserves for itself, its successors and assigns, and its agents the right to enter upon any residential lot, for the purpose of performing any of the Association's maintenance or repair obligations under this Declaration, and for mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, or for the purpose of building or repairing any land conmm or other earthwork, which in the opinion ofthe Association detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Association and its agents may likewise enter upon any lot to remove any mash which has collected without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not, however, be construed as an obligation on the part of the Association to undertake any of the foregoing. Section 15. Term. Unless earlier terminated, the covenants and restrictions of this Declaration shall run with and bind the land for a period of twenty (20) years from the dote this N Declaration is recorded, after which they shall be automatically extended for successive periods N (� of ten (10) years. 0 H !P Section 16. Dissolution of the Association. The Association may be dissolved by a 6q = written termination agreement executed by more than eighty percent (805(o) of the votes orthe Members of the Association, and recorded in Carteret County Registry. Notwithstanding the Qforegoing, during the Declarant Control Period; the Association may not be dissolved or U terminated without the consent of the Declarant. IN WITNESS WI 1EREOF Declarant has caused this declaration to be executed by their authorized person on this the ;2 2) day of y i , 20_R_2,_. �,00numunn� CEDAR POINT DEVELOPERS, LLC 3,t p1OTARY P� BY: s "ci Name: $fiV\tt Kv.unn. o 'oUBL1C Title: N(fM13tR a \ h i t a s t, M r 1, a Notary Public of the State and County aforesaid, oertify that 5'I +i��Imwm personally appeared before me this day and acknowledged that he/she executed the foregoing document for the purposes stated therein and in the capacity indicated Witness my hand and official seal, this the '�, , day of Mayll Vt , 29 30 EXHIBIT A (Description of the Property) Being all of that property shown on that plat of record entitled "Bridge View Section P' prepared by Tidewater Associates, Inc., dated January 25, 2022 and recorded in Map Book 34, Page 386, Carteret County Registry. 31 IOMMIT B W N .. Z V. - - .. .. (Q I t i i . j j. 32 _, O 0 0 o o tY I t; t.; r. r r, tlA b.1 9! 80 0 80 COB w z z 2 U; Yi to W .; GrE MAY 24.2022. . zt Project Malntenanceremrds shall be kept on the folloWing SCM(s). This maintenance mcom shali be Any defident SCM elements noted In the inspection w@ be corrected, repaired, or replaced nor affect the Integrity of slmdures, safety of the public, and the Pollulent removal efficiency Of the The SCM(s) on this prdectdndude (shark el Infiltration Basin ImMindlon Trench Bioretengon Celt Wet Pond Sbo mender Welland Pemneade Pavement Sand Filter Rainwater Harvesting Green Roof Level Spreader -Fit ter Strip Proprretary System Treatment Swale Dry Pond Disconnected Impervious Surface User Defined SCM Low Density Important operation and maintenance promdwes: - The drainage area will he carefully managed to reduce the sediment load to the Infiltration basin, No pomon of the Infiltration basin will be fertilized after the Initial mmlization that is required to establish - the vegetation. time nay be allowed ifvegaded on Is plumbed on the Surface of the Inflltrallon basin and a cation. soil test shows that itIs needed. can The vegetation In and wound the basin win be maintained at a height offau to sbclnches. 1 acknowledge and agree by my signature below Rod I am responsible for the performance of the ma nunern:e Procedures listed for each SCM above, and attached 08M fables. I agree to retry NCDEQ of any problems with the system orpdate any changes to the system orresponsthle party. Reap onslDle Pady. THIe 6Organlzatten: Sbeetsddress: City, stale, zip: Phone number(s): Email: Steven Kellum MeneglnO Member, Coca p"'40 LLC ISO Cam" st Jacksomdll NC 28646 gfa538a900 SlBnaene: nr�n� I' Y Data. a Notary Public for the, State of County of do hereby certify that S1t tr exv� personally appeared before me this t-y4... day of u11-f a.0 �„� and acknowledge the dueexecution of the 0ppra)lbne and Mptnten ,xu,Agreement. NpTAR I' PUBLIC Wiles to a4-a.A Afterthe Intillatlon basin le eatObtained, Twgl be Inspected quarterly and within z4 boon after every storm event greaterthah l.0 inches(or 1.6 inches if In a Coasted County). Records of operation and maintenance shall be kept Ina known out location and shall beavallable upon request Inspection Sell shall be performed ss follows. Arty problems that are found shall be repaired Immetlla sly. SCM element Potential problem: Howto Remedial problem: The entire Infiltration Trashrdebes is present. Remove the trashldebds. basin Areas of bare soil andfor Regade, the sell Ifnecassary to remove the gully, plant ground eosIve gullies have cover and water until R is estabiehed. Padde lime and a ane- Thegrassfilterstripor formed fimefeal'verapprication. Sediment has accumulated Search for film source of thasedlment and remedy the problem It other pretreatment area to a depth of greater than possible. Remove the sediment and dispose, of k In eloall three inches. where It will not cause impacts to streams ter the SCM. The structure is clogged. Unclog the corweyance and dispose of any sediment in a location The Flow diversion where it will not cause impacts to streams or the SCM. structure (if applicable) Make any necessary repairs or replace If damage is boo much for The structure is damaged. repair. The Intel pipe is dogged Cif Unclog the pipe and dispose of any sediment In a location where applicable). it VAR not cause impacts to streams athe SCM. The Inlet pipe Is cracked or otherwise damaged(d Repair or replace the pipe. applicable). Erasion Is occurring in the Regade the Swale if neceseary end provide erosion mind The Inlet device male[d appfic devices such as performed W mitattng or dpmp to avoid fubJm erosion problems. Stone verge Is slogged or covered In sediment (if Remove sediment and clogged stone and replacewdth dean eppli'l. . More than few inches of Search for the source ofthe sediment and remedy the problem if sediment has acwmWated. possible. Remove the sedimentand dispose of it in s location where Ilwlllnd Impactstostreamsmtine SCM, The basin Erosion of the basin surf.. has occurred or Provide atlddlonal erosion plIXectlan such as reinforced turf rWrep is displaced. mettlirg or riprep if needed to prevent future erosion problems. Water is standing mom Replace the top few Inches of soil to sea if this comads the then three days after a standing weer problem. It not, consul an appropriate storm event professional for a more ederalve repair. SCM element Potential problem: How to remedfate the problem: Shrubs ortreas are growing on the Remove shrubs and frees immediately. embankment An annual inspection by an The embankment appropriate professional Make needed repalm immediately. shows that the ambaNanent needs repair. Clogging has occurred. Clean out the outlet device and dispose of sediment in a location whem It will not cause impacts to streams or the SCM. e outlet device The sugar device is damaageded Repair or replace the outlet device. Erosion or other signs of damage have occurred at Repair fire damage and improve the flow dlsalpation structure. the outlet The receiving water Discharges from the Infiltration basin are causing erosion or Contact the local NCCEQ Regional Office. sedimentation In the receiving water. Important operator, and maintenance procedures: Immediately fallowing construction of the stommalerwetland, conduct bi-weekly Inspections and water wegand plants bi-wwldy until vegetation becomes established (commonly sizweeks). Before and immediately after plantinsiallatlon, monftorwater level sad adjust to ensure that plants are not completely Inundated. No portion ofthe stormwaferwetland will be fertilized afterthe Initial fertilization that Is required to establish the wetand plants, Stable groundcoverwlll be maintained in the drainage area to reduce the sediment load to the wetland. _ At least once annually, a dam safely expert will Inspect the embankment Any problemsthat are found will be repalmd immediately. Ater the wetland I. aatabllshed, it shall be inspected quarterly and within M house after every storm event greater than 1.0 Inches (or 1.6Inches If In a Coastal County). Records of operation and maintemmm shall be kept in a known set location and shall be available upon request Inspection adtvites shall be performed as follows. Any problems that am found shall be repaired Immediately. SCM element. JPotentlai roblem: How l will remedlats theproblem: The entire wetland Tmsh/debds H present Remove the trash/debris. Areas of bare sot and/or Retrace the sail if necessary to remove the gully, plant ground The perimeter of the erosive gullies have cover and water until it Is established. Provide time and a one - wetland formed. time fertilizer appllcaton. The inlet pipe is dogged Of Unclog the pipe. Dispose of the sediment off -site. applicable). The Inlet pipe is cracked or otherwise damaged(if Repair or replace the pipe. The inlet device applicable). Erosion Is occurring In the Regrets the swore if necessary and provide erosion control devices such as reinforced turf mating or dprap to avoid future aware (f applicable), problems with erosion - Sediment has accumulated In the forebay to a depth of Search for the source of the sediment and remedy the problem if less thant6° orthat Inhibits possible. Remove the sediment and dispose of !tin a location the forebay from where It will not cause Impacts to streams or the SCM, functioning well. The forebay Erosion has occurred. Provide additional erosion protector such as reinforced turf matting or dpmp If needed to prevent future erosion problems. Weeds am present. Remove the weeds, preferably by hand. If pesticide Is used, wipe tt on the plants rather than spraying. LLJ > W W a N o dr CV Q = c> potential problem: How l will remedlate the problem: SCM element A tree has s(mted to grow If the tree Is <S' In diameter, remove the tree. If the tree Is >S" In on the embankment diameter, consult a dam safety speclellat to remove the tree. An annual Inspection by an Embankment appropriate professional shows that the Make an needed repairs Immediately. embankment needs repair. Evidence of muskrat or Consult a professional to remove muskrats or beavers and repair beaver activity is present any holes or erosion. Algal growth covers over 30%of the deep pool and Commit a professional to remove and control the algal growth. shallow water areas. Cattails, phragmites or other Invasive plants cover Remove the plants by bond or by wiping them with pesticide (do 300/a or the deep pool and not spray)- consult a professional. shallow water areas. The temporary Inundation zone remains flooded more Unclog the outlet device Immedlatety. than 5 days after a storm event. Deep pool, shallow water and shallow land areas Plante are deed, diseased Determine the source of the problem: solls, hydrology, disease, or dying. etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover If necessary. Best professional practices show that pruning is needed to maintain optimal Prune according to but professional practices. plant health. Sediment has accumulated and reduced tie depth to Search for the source of the sediment and remedy the problem If 75%of the originalo possible. Remove the sediment and dispose of It in a location depth of the tleepp000ls.ls. deep where it win not cause Impacts to streams or the SCM. Sedhnenthas accumulated and rise deem topesolble. Searchforthe source of the sediment d remedy the emblem Ife Mferopaol T5%ofthe o original design Remove the sediment and dispose of it In a iomtion depth. whom It will not mum Impacts to streams or the SCM. Clogging has occurred Clean out the outat device. Dispose of the sedamnt In a location The cadet device where it will not cause Impacts to streams or the SCM The oWet device is dam�etl Repair or replace the outlet davits. How I will remedlate the problem: SCM element: Potential proulam: Erosion or othersigns of damage have occurred at Repair the damage and improve the flow dissi m lon armature. the outlet Discharges from the The receiving water wetland are causing erosion ormcilmentation In Contact the local NCDEQ Reglonal Office. the receiving water. } LLI L W W � _ V 0 ............... ROY COOPER Governor ELIZABETH'a BISER Secretary BRAXTON DAVIS Director May 27, 2022 MEMORANDUM: NORTH CAROLINA Enviroammifal.Quotity FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: EXPRESS CAMA AwficatiOri Review Applicant: Cedar Point Developers, LLC Project Location: 1180 Cedar Point Blvd, Cedar Point, Carteret County Proposed Project: Upland development for Bridgeview subdivision Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by JUIte10,.20_22; If you have any questions regarding the proposed project, contact Heather Styron 252-515-5417. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed' project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �t North Carolina Department at Environmental Quality 1 Division of Coastal Management . �1f Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 oda---Z-4 /"�'®®"" 252.8082808 DCM Coordinator: Gregg Bodnar � Distributed Yes® No ❑ Applicant: Distribution Date: ✓1 Q r\od \r� c�.4�e.�o�eYs L_UC `� I �� AGENCY WIRO WARO � �(ciCy f 4� °� �� \, LPID Rachel Love Adrick MHC Ra hel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Greg Curry Perquimans, Tyrrell) (Brunswick, New Hanover) Josh Peletier — (Bertie, Currituck, Dare, Gates, US COE (NC DOT) DOT Brad Shaver Pamlico, Pasquotank, Washington) (Brunswick, New Hanover, Onslow, DOT -Tom Steffans —(Beaufort, Carteret, Pender) Craven, Pamlico Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret JA@&drick (Beaufort Carteret, Craven Craven, Eliz City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding i James Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Hillard Wanda Hillard DEMLR/DWR: Sheri A. Montalvo Sheri A. Montalvo (NC DOT) i Kristy Lynn Carpenter DEMLR John Perry Sediment & Erosion Holley Snider Samir Dumpor Storm water Dan Sams Roger Thorpe DWR 401 Christine Hall Chris Pullinger Joanne Steenhuis Brunswick, New Hanover, Onslow, Pender (NC DOT) Garcy Ward WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Butler Rodney Butler T:\MAJOR PERMITS SECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution Sheet 2020.docx Revised : 5/7/2019 Express Major CAMA Development Permit Application Cedar Point Developers, LLC Bridge View Subdivision, Section II Upland Development 1180 Cedar Point Blvd Cedar Point, Carteret County, North Carolina May 20, 2022 Proposed by: Cedar Point Developers, LLC 166 Center Street Jacksonville, North Carolina 28546 Prepared by: Tidewater Associates, Inc. 604-E Cedar Point Boulevard Cedar Point, North Carolina 28584 Telephone: 252.393.6101 Firm License Number: F0108 RECEIVED MAY 2 4 2022 DCM-MHD CITY TIDEWATER ASSOCIATES, I N C . .I, • EDAR POINT, NORTH CAROLINA May 19, 2022 Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Express Major Permit Application Cedar Point Developers, LLC Bridge View Subdivision, Cedar Point, Carteret County Heather, Please find enclosed the Express Major CAMA Development Permit application, the check for the express permit fee, and project plans submitted on behalf of Cedar Point Developers, LLC. The owners propose to complete the site development for drainage, grading and subdivision infrastructure for Bridge View Subdivision, located 1180 Cedar Point Blvd in Cedar Point, Carteret County, adjacent to Bogue Sound. Thank you for your assistance with this project and permit application. If you have any questions or need additional information, please feel free to contact me at the Tidewater Associates, Inc. Cedar Point office by phone at 252.393.6101, or email me at RBrownlow@TidewaterENC.com. I look forward to our working together on this project. Best Regards, Roy Brownlow Environmental Specialist Tidewater Associates, Inc. Enclosures cc: Jonathan McDaniel, P.E., Tidewater Associates, Inc. RECEIVED 604E Cedar Point Blvd. I Cedar Point, NC 28584 I (252) 393-6101 MAY 2 4 2022 Firm License Number F-0108 I www.tidewaterenc.com DCM-MHD CITY Cedar Point Developers, LLC Tidewater Associates, Inc., Authorized Agent Bridge View Subdivision, Section II Upland 1180 Cedar Point Blvd Cedar Point, Carteret County, North Carolina Express Major CAMA Permit Application Contents Application . Documents • Agent Authorization Form • Project Narrative • DCM MP-1 Application Form • DCM MP-3 Upland Development Form • Property Deed • Adjacent Riparian Property Owner Notifications (Copies) • Division of Water Resources Project Pre -Application Submittal Forms • Copies of Restrictive Covenants • Allowable Built Upon Area Chart • Public Water Supply Authorization • Sedimentation and Erosion Control Authorization • Department of Transportation Authorization • State Stormwater Management Project Authorization Project Plans • Wetlands Map for Jurisdiction Approval Review • Grading, Drainage, Erosion and Sediment Control Site Plan • Cross -Sectional Profile Plan RECEIVED MAY 2 4,2022 DCM-MHD CITY „ TIDEWATER ASSOCIATES, INC. • CEDAR POINT, NORTH CAROLINA LETTER OF TRANSMITTAL TO: NC Division of Coastal Management DATE: May 20,2022 400 Commerce Ave REF: Bridge View Subdivision Morehead City, NC 28557 Cedar Point, Carteret County, NC ATTN.- Heather Styron EXPRESS CAMA Major Permit Application WE ARE SENDING YOU: One (1) copy of the Express CAMA Permit Application and Workplan Drawings for Review One (1) Check for Express CAMA Permit Application Fee DELIVERY VIA: ❑ Regular Mail X Hand ❑ Federal Express ❑ UPS Overnight ❑ UPS Ground THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ As Requested ❑ For Your Use ❑ Other ❑ For Bids Due COMMENTS: Please review for completeness of application and let me know if any other information or documents are needed. If this is acceptable as complete, I will hand -deliver the 26 copies of the workplan drawings. Thanks! Copies To: ❑ Other X For Review and Comment Roy Brownlow Environmental Specialist Tidewater Associates, Inc. (if enclosures are not as noted, kindly notify us at once) C&G.Admtn.7321.NCDCM.&idge%A w.CAMAPERMIT.05.03.22 RECEIVED MAY 2 4 2022 DCM-MHD CITY DA.-o-ru Ee-n.s.r Pe..n AN, Ods NN_wl IYSPm rde.-rw -ar._ww.su. rusty-P..n b.iws...rrwaa r33a.rm wmaar,pE= P/YJ-P jXAM .V-ar e.nrA M-I3Ado` r�r n-KNTt I.4alarWa O^^11 �Pgrdln NnLv �.. YIIYde—.. .tlf RibJla� — — SA' MP..19P®av Wa,c1R. pd .eP_IU A Days.. rvi emAue.6Otlm e.. 6MMfY I Note' \ Dd,NfAd-e \ a. �.-Ae.n�..i,,— ®; b.6 .me.. m..P., III .roA , \ no, mbuy mlryel sry pnu ePeMl I A ..>vd�� n. 6ybM✓ x xD o. n�.pi.6—I rrn.�e .x.....dw,. dei N, Nd.Aem a An31.m � ..,r.-td r. dNAe a..F= x,...a 1Mt,Ja— m, Ce f. ,Aa oannaeM Mtiy Irw.o,M AN —I .r18I n p6u sMv9 in m me. Aa< M M+Ys ®L. mpaai ]qD .qe 1.00 11,4110 See PmHle of Uplands!n M`V A.o 1.iOY..W T.f r).cr..ras 7 / � v ` ;T!1 t SYbdf 3b / xkw. y.baz / r rl.nrwD._.uL \ eapl0. ry.r riurmnwmr—� _ 4YICr._ (61i r331.2 .. D=wm.m I Pnl.sdr Tract Data mca No, ....................... .e Jl No. Dpsnl r.u..e. A.o .......... 1.3s a. R.tn.cie.. Ds.. ep.p ........ r." Sto a c� a A[u .....q0 10 .11d- N—I ........ 3.31 Ae. .rd OL Od.N[O.O........... IS.. AO. (12.1 Shull N[laCie..................... So.. or C.L[ W1ot (R-10c 2ow) „N.. of lou ................. 63 . 6 LSO Ana. laum u Far dL........... u- nmlmm Lp "siNn e ........... .. 113 . ...eqe Sal.[ Ld[ Side .... ...... Sra. ... 11,000. Fr.. )bc .fl . OS et[Yt.......... 4,193 L.oss P 1o.M ds.................... 4nced Sin91e Italy LYelli.q. v................ e[l.ude vaeanc/110oa.] nn[ M[vlp .................. 'o' 11./t G2.[.t . 9e.e[ ae[vlp .................. IOd1.Wu01 SNdt,o A . LS[e Di.c[Stt ................ -ret North reac.m G[r."t warns Dd .................. t -d[ Rm Grt.nt xedic ] L.nRO oL d0anlio ............ 2.M .11 L.P. PIP 33.413031796000 C..d edf, v P. 11000, p. .03 M. a. 34. 1. lel Set} eke Front lard S.tL[R ............. 20' Md. sib n[d eabck .............. l0' Xln. wa[ Fad eemak .............. a• xtn. .1. Saari LT We e.Wtk ...... ......: SO' Nin. CNIA ..................... 30' Loa Poiw3 019E .1 Noe: Ad i Ar on.np.nwYtlbais. .IU-1tea,I...) n�ragv Ails k.ymmpvu nl'iv v,tid atl MrimrelOmew v♦ ]. pewyinlemn wRyp I6. , oo JNWnbA 6n 61imnJ Ey rm. JaASL fmntl wrl..u.prme. REC MAY 2 4 WA M4jw Permit Plan - Upland DeY.bpmeM BRIDGE VIEW - SECTION II Ta..AU.rir.CwwCmh.WMCu w C.d. Pam Dmlepers) LLC rww DATE: 0512012022 a re 3e. ded SCALE: 1"=100' u ;mm�P..ra SlrellofI f:n1.k:YG9;n.a.1 - P.mr.,a :. Legend Ac. - Ames CIL - Centerline D.B.- Deed Back ECM - Existing Concrete Monument EIP - Existing Iron Pipe EMN - Existing Mag Nail M.B. - Map Book N.C.5.R. - North Carolina Secondary Road Pg. - Page R/W - Right-of-way -Wetlands North M.B. 34, Pg. 121 Old Highway 58 — N.C.S.R.113 601 R/W Cedar Point Boulevard— N.C. Highway 24 1001 R/W GRAPHIC SCALE:1"=400' 0 400 800 1200 FEET This certifies that this copy of this plot accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the appropriate Regional Supplfxnent to the 1987 Corps of Engineers Wetlands Delineation Manual. Regulatory official ToM Gh=r��s Title QJ''1o.1l2.e( Ar TD mv.eM7 i USACE Action D- ::::::. .. .......... A was ............................... .............................. CM Vicinity.Sketch E 1,71858' Not to scale 510°3006 W I, Edwin N. Foley, certify that this 404 Wetlands Survey Map was - 0 drawn under my supervision from a survey in January 2021 using EiR#23 Z conventional surveying methods; with the average positional accuracy Sheet 3 ry if 1.5 feet± for the location of the wetlands flag. That this map is H true and correct to the best of my knowledge and belief, and was not w N SO°30'38" W Sheet C prepared for recordation conv we or sales. 32.50' m 3 EIR#89 45.81 AC. fl- Prelimina ry Z D.B.1700, Pg. 403 ww M.B. 34, Pg.121 00 o _ Edwin N. Foley, P.L.S., L-2884 am ` use X. �`(1 N08°58'0r'W 1174.I i �\ Note: 1 Royal All Distances are horizontal ground, U.S. survey feet. 1 Oaks Court All acreages calculated by coordinates. 501 R/W No Register of Deed search done by or furnished by to surveyor regarding Deed of Covenant Restriction. Wetlands Map - Sheet 1 of 4 Boundary information taken from survey by Bell & Phillips Surveying, PLLC dated January 2021. Wetlands line delineated by Pittman Soil Consulting; Surveyed by Bell And Phillips in January 2021. Proms°°°°t° °wper" Date: 02/15/2022 TIDEWATER ASSOCIATES, INC. BRIDGE VIEW Cedar Point Developers, LLC 40 e= Scale:0' 1 COG'=409.crd Engineers - Surveyors - Planners RECEIVED North Carolina 166 Cantor Streat Project: 20779 Cedar Point, Town of Cedar Point, Carteret County, North Carolina Jacksonville, North Carolina 28546 Fila Name: BridgeAriew-Wetlands.dwg _ 604E Cedar Point Blvd. (910) 938-5900 Drawn: OJS Phone (252) 393-6101- www.TidewaterENC.com MAY 2 4 .2022 E:e. 1961 Job No.: S200316-7321 N.C. Firm License Number: F-0108 2/16/2022 6:39:29 PM, JJS DCM-MHD CITY 0 PIT- i I Tes-.1 64 r=AVMtmo +. 'fqD yy Ali RECEIVED JUN 1 3 '/0)'1 DCM-M'HC CITY