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160-05 Inlet Point Harbor BOA
Permit Class Permit Number NEW 160-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Inlet Point Harbor BOA c/o Ann Bowman, 1025-A N.Lake Park Blvd.,Carolina Beach,NC,28428 Authorizing development in New Hanover County at adj. to AIWW, Myrtle Grove Sound, Federal Point Township , as requested in the permittee's application dated 6/13/05. including the attached workplan drawings (6) 1-3 of 4 dated 3/28/05 4 of 4 dated 8/26/05, 1 dated 7/05, and 1 undated. This permit, issued on October 21,2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect colonial nesting water birds and juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and August 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries and the NC Wildlife Resources Commission. 2) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on-site to Department personnel when the project is inspected for compliance. ��Z r/ Ch s S. Jones,Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work shall cease when the permit expires on This permit and its conditions are hereby accepted. December 31,2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee w `L t, Inlet Point Harbor BOA Permit# 160-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) No vegetated wetlands shall be excavated or filled without permit modification. 4) No excavation shall take place within 10 feet of Coastal Wetlands. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. �6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at(910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal 7) All excavated materials shall be confined to the area indicated in the permit application and attached workplan drawings. Any proposal to change the location of the spoil disposal area shall require modification of this permit. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal high water level to prevent gully erosion and unnecessary siltation. 10) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 12) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Sedimentation and Erosion Control 13) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). r�;o-:.rro-rrrrsr.0 r%t-.`avncc�a:o-o-o-Nx�tr`.a'tc'°a'• Inlet Point Harbor BOA Permit# 160-05 Page 3 of 3 ADDITIONAL CONDITIONS General 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any dredging authorized by this permit so that a Division representative may examine the spoil disposal site. Included with this notification shall be a copy of the original permit plans with cross-hatching indicating the area to be maintained and the area to be used for dredge spoil, and the estimated amount of material to be removed. 15) When dredge spoil from the upland basin is transferred to the approved disposal site, a minimum of 24 hour prior notification shall be given to The Department of Environmental Health, Shellfish Sanitation and Recreation Water Quality Section at (252) 726-6827 so that appropriate temporary closures to the harvest of shellfish may be put in place around the disposal area. 16) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause j' unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 05-1610), which was issued on 9/26/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200501155. �� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 25, 2005 Inlet Point Harbor BOA ATTN:Ms.Ann Bowman 1025-A North Lake Park Blvd Carolina Beach,NC 28428 Dear Ms. Bowman: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, A7& e � Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Inlet Point Harbor BOA c/o Ann Bowman 2. LOCATION OF PROJECT SITE: Inlet Point Harbor Subdivison, adjacent to Inlet Point Harbor canal, access channel and boat basin, and the Atlantic Intracoastal Waterway, in New Hanover County. Photo Index - 2000: 21-259, I,0-5-6 1995: 21.241, N,0-6 1989: 4-178-14, 0,H-15 State Plane Coordinates - X: 2336482 Y: 118953 GPS - 0-062114C 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/21/05 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 07/28/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan-New Hanover Land Classification From LUP -Resource Protection (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Community system Planned- N/A (F) Type of Structures: Existing- Residential homes, floating docks, wetslips and bulkhead Planned- N/A (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands IF (B) Non-Vegetated Wetlands (Open Water) (C) Other - Highground disturbance (D) Total Area Disturbed: N/A (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Closed 8. PROJECT SUMMARY: The applicant proposes to perform maintenance dredging within the access channel, canal and turning basin to maintain a -6.0 feet Mean Low Water (MLW) depth. Inlet Point Harbor BOA Page 2 9. SITE DESCRIPTION The project site is an existing access channel, canal and boat turning basin, occupying 31.4 acres of land located at the Inlet Point Subdivision, off Carolina Beach Rd. (US Hwy 421), adjacent to Myrtle Grove Sound and the Atlantic Intracoastal Waterway (AIWW), north of Snow's Cut Bridge, in New Hanover County. Inlet Point Harbor Subdivision has approximately 36 lots along the basin and canal. The Majority of the lots have boat docks and shorelines stabilized by wooden bulkheads. The topography of Inlet Point Harbor subdivision (area surrounding the basin, canal and access channel) is relatively flat, with an elevation of approximately 10 feet above mean sea level. Highground vegetation consisting of hardwood species such as Live Oaks, Magnolias, Maples and Pines surround the project area. Waterward of the landscaped lawns adjacent to the northern side of the access channel and the AIWW consists of Salt Meadow Grass (Spartina patens) and small shrubs: Wax Myrtle (Myrica cerifera), Marsh-elder (Iva frutescens), and Grounsel-bush (Baccharus halimifolia), but becomes intermixed with high coastal marsh species along the properties located on north side of the access channel, including: Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium, spp.), and Saltwort (Salicornia, spp.), Spike Grass (Distichlis spicata), and Sea- Oxeye (Borrichia frutescens). Waterward of the high marsh is a band of Smooth Cordgrass (Spartina alterniflora), approximately 15 feet in width. Waterward of the existing bulkhead located at the property on the southern side of the entrance channel of Inlet Point Harbor, there is a border of coastal wetlands, approximately 130 feet in width, which is vegetated primarily with Smooth Cordgrass (Spartina alterniflora). The existing access channel dimensions in the lower section adjacent to the Inlet Point Harbor Subdivision and the AIWW are approximately 40'long x 20'wide, the existing canal is approximately 1350' long and 30'-50' in width and the existing boat turning basin is approximately 175' in radius. Current water depths range from -2' to -11' relative to Mean Low Water (MLW) within the project area. State Dredge and Fill Permit No. 122-77 was originally issued to Central Realty Company c/o Mr. Alex Malpass for a residential canal in 1977. In 1987, State Dredge and Fill Permit No. 122-77 was renewed for the seventh time and then transferred to David Greer and Willard Buffkin in 1988 with the same conditions. In 1991, CAMA Major Permit No. 122-77 was renewed and modified to allow for 31 additional slips within additional docking arrangement. CAMA Major Permit No. 122-77 expired on May 1, 2002. The Inlet Point basin and channel are closed to shellfish harvest, however, the adjacent waters outside the entrance channel are open for shellfish harvest. This area of Myrtle Grove Sound is a designated primary nursery area (PNA), by the NC Division of Marine Fisheries. In the project area, the waters of the Inlet Point Harbor basin, channel and canal are classified as SA, by the NC Division of Water Quality. Inlet Point Harbor BOA Page Three PROPOSED PROJECT The applicants propose to use a hydraulic pipeline dredge to complete maintenance excavation within the existing access channel (400' x 20'), canal (1350'x 30'-50'), and the boat turning basin (175' radius). The proposed dredging depths would be -6'at Normal Low Water (NLW) from an existing average of-2' at Normal Low Water (NLW) to -11' at NLW. Spoil resulting from the hydraulic dredging project would be pumped to a containment diked area (approximately 576'x 492') located on an existing spoil island (Fred's Island) adjacent to the AIWW, south of the Carolina Beach Inlet. The Inlet Point Harbor BOA facility is processing this major permit application for maintenance dredging due to an oversight, which ultimately led to the expiration of the previous maintenance permits. 10. ANTICIPATED IMPACTS The agent states that the applicant is not seeking to excavate any material out of Inlet Point Harbor boat basin at this time, but is requesting to obtain a Five Year Maintenance Clause Permit. The agent also states that the applicant would notify the N.C. Division of Coastal Management two weeks prior to any maintenance dredging activity under an active CAMA Major Development Permit. �c 0-1 k/ � Y IS {s I p Submitted by: Robb Mairs Date: 8/16/05 Office: Wilmington Recommendations for State Permit—Inlet Point Harbor BOA c/o Ann Bowman With respect to the permittee's request,I recommend the project be approved with a five(5)year maintenance clause with the following conditions: 1. In order to protect juvenile shrimp and finfish populations,no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management,in conjunction with the Division of Marine Fisheries. 2. Excavation will not exceed-6 below the normal water level 3. The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). 5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site by effective sedimentation and erosion control measures. Prior to any land-disturbing activities,a barrier line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas,until such time as the area has been properly stabilized with a vegetative cover. 6. Permittee shall contact the N.C.Division of Coastal Management for maintenance request two(2)weeks prior to the initiation of maintenance work as listed in the provisions 15A NC 0710407 Project Maintenance: (1) the name and address of permittee; (2) the number of the original permit; (3) a description of proposed changes; (4) in the case of a dredge and fill maintenance request, a statement that no dimensional changes are proposed; (5) a copy of the original permit plat with cross-hatching indicating the area to be maintained,any area to be used as spoil and the estimated amount of material to be removed;and (6) the date of map revision and the applicant's signature shown anew on the original plat. 7. Prior to initiating maintenance dredging,and prior to any development at the disposal site,the permittee shall contact the N.C.Division of Coastal Management to inspect disposal area. This notification must be given at least two weeks in advance of proposed starting date. 8. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of solids into any marsh or surrounding waters. 9. The disposal area effluent will be contained by pipe,trough,or similar device to a point at or beyond the water level to prevent gully erosion and unnecessary siltation. 10. The terminal end of the pipeline will be positioned at or greater than fifty feet (50) from any part of the dike and a maximum distance from spillways to allow settlement of suspended solids. 11. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 13. The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into or upon any marsh or surrounding waters. 14. The project site will be properly graded and provided a ground cover sufficient to restrain erosion within thirty(30) working days of project completion. Fonn DCM-MP-1 RECEIVE"; APPLICATIONM WILMINCTON, NC (To be completed by all applicants) JUL 2 9 2005 b. City, town community or landmark Federal F;oint Township (day marker#156) 1. APPLICANT c. Street address or secondary road number a. Landowner: Name Inlet Point Harbor BOA (Ann Bowman d. Is proposed work within city limits or planning jurisdiction? Yes X No Address 1025-A N Lake Park Blvd. e. Name of body of water nearest project (e.g. river, City Carolina Beach State NC creek, sound, bay) AIWW Zip 28428 Day Phone 910.458.9119 Fax NSA 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Dana Lutheran (SEGi) a. List all development activities you propose (e.g. building a home, motel,marina,bulkhead,pier,and 5131 Carolina Beach Road excavation and/or filling activities. Address Maintenance dredging of canal and boat basin City Wilmington State NC 28412 910452.2711 Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? existing Fax 910.452.2811 c. Will the project be for public,private or commercial use? Private.c. project name (if any) Inlet Point Harbor BOA d. Give a brief description of purpose,use, methods of construction and daily operations of proposed 1V TE P~%4U be lamed in mmm of lakdowner(r),and/or ,prorojrtectt. 1f more space is needed, please attach p►nfecl�• Hydraulir edge will be used to e e asm and canal in order to maintain -6.0 tt. MLW 2. LOCATION OF PROPOSED PROJECT a County New Hanover ME eEIVEB DCM WILMINGTON, NC JUN20 ?'?05 Revised 031% RECEIVED Form DCM-MP-1 DCM WILMINGTON, NC JUL 2 9 2005 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER None. Proieet wil use private septic systems CHARACTERISTICS a. Size of entire tract Approximately 31.4 acres. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) 15,000 sq. ft. Water• industrial/eommercial effluent, 'wash down" and residential discharges.) c. Approximate elevation of tract above MHW or surface runoff NWL 10.5 ft. above NWL d. Soil s) and textures)of tract o. Describe existing drinking water supply source. N/A individual wells e. vegetation on tract shrubs, grass - Coastal Marsh exists near t e water. f. Man-made features now on tract streets, drain- aqe, single family residence, bulkhead, dodo S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site?(Cow.du rr"ioQa1 kn►we Pi—) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only)or X Developed X Community Rural Other to instrument under which the applicant claims tide to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R-15 forward a copy of the deed or other instrument under which the owner claims title,plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Aeon,�a � �, if��l 0 An accurate, dated work plat ('including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted' Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if in Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes No Fa&eers regarding that agency's use of larger Coastal (marsh) X Other X drawings.) A site or location trap is a put of plat If yes, has a delineation been conducted? Yes. requirements and it must be sufficiently detailed to onaA dam. guide ageacEj m ar with the area to the DCM WILMINGTON, NC JUN 2 0 2005 Reid 03M RECEIVED Form DCM-MP-1 DCM WILMINGTON, NC Jill 9 2005 site. Include highway or secondary mad (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (np man) landowners and application will allow only the development described in signed return receipts as proof that SO& owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained N the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 days in which to submit comments activity dies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. eonducped in a manrxx consistent with such program. Name See attached documetation I certify that I am authorized to grant, and do in fit, Address grant permission to representatives of state and federal Phone review agencies to eater on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further catify that the information provided in this Name application is truthful to the beat of my knowledge. Address Phone This is the 13 day of June , lq 2005 • A list of previous state or federal pwndts issued for work on the project tract. Include permit numbers, Print Name Dana Lutheran permittee, and issuing dates. DENR#122-77 Signature Landomer or AuAwtW Ag w Stormwater Permit#SW8020420, 6128102 • A dceck for UM made payable to the Department of attachmentsnt°g LO Y proposed Emrironment, Health, and Natural Resources MOM (DEHNR) to cover the costs of processing the X DCM MP-2 Excavation and Fill Information application. DCM MP-3 Upland Development • A signed AEC hazard notice far projects in DCM MP-4 Structures Information DCM MP S Bridges and Cubmu oceanfront and inlet areas. DCM MP-6 Marina Development • A statement of compl'iarim with the N.C. NOM Please sign and date each amdm w in tine Environmental Policy Ad (N.C.G.S. 113A - 1 to 4xwe provided at the bomm of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement RECEIVED documenting compliance with the North Carolina Environmental Policy Act. DCM WILMINGTON, NC JUN 2 0 2005 Revised e3/" Form DCM-MP-2 EXCAVATION ,�1, 162,0 '14C AND FILL s (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavx led from below Describe below the purpose of proposed excavation or MHW or NWL in cubic yards 5 ) C y'j fill activities. All values to be given in feet. sand & silt I__ b. Type of material to be excavated QipProx(r1rNak v4aktL5 EWsmt "M vvid� Depthc. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation Access (SAVs)or other wetlands? Yes X No channel ac)/ _ (MLW)or(NWL) „i J � on In v.J d. Highground excavation in cubic yards N/A. ht,lo Canal 3D"_ ` ' -�'D 5a� b m 2. DISPOSAL OF EXCAVATED Boat )7S/' a'- l MATERIAL basin 1 b -L¢ O mtIA) a. Location of disposal area On an existing dike area Boat located on a island south of Carolina Beach Inlet. ramp A u/A N/A �/� b. Dimensions of disposal area 2,400'(See map) Rock N/ groin c. Do you claim title to disposal area? Yes X No Rock If no, attach a letter granting permission from the breakwater N/�, ~�j� owner. d. Will a disposal area be available for future Other maintenance? Yes x No (Excluding If yes, where? shoreline rtebilization) Revised 03195 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water N/A. (2) Dimensions of fill area N/A. f. Does the disposal include any area in the water'! Yes X No (3) Purpose of fill N/A. b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands? Yes X No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area N/A. N/A. Bulkhead N/A. Riprap (2) Purpose of fill N/A. b. Length N/A. i c. Average distance waterward of MHW or NWL i Cn N/A. 00 S. GENERAL d. Maximum distance waterward of MHW or NWL ? N/A. '{ m a. How will excavated or fill material be kept i ,sit Q e. Shoreline erosion during preceding 12 months and erosion controlled? dike, burms �2 N/A. C� (S—Ce of info►moti—) f. Type of bulkhead or riprap material N/A. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level Hydraulic dredge (1) Riprap N/A. (2) Bulkhead backfill c. Will wetlands be cr;,ssed in transporting equipment h. Type of fill material N/A. to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. N/A. i. Source of fill material NIA. 4. OTHER FILL ACTIVITIES Dana Lutheran (SEGi) Name (Excluding Shoreline Stabilization) a. Will fill material be brought to site? � _ /3, d DO S Yes X No Dau RevW 03/" HYDROGRAPHIC SURVEY wBORDEERR LINE FOR INLET POINT HARBOR THE I LINE A TH fS ONE IN THE SAME CIL INLET POINT HARBOR BOAT OWNERS ASSOCIATION SHEET 4 of 4 BOAT 6AS1N AND CANAL FEDERAL POINT TO NSW NEW HANOVER CO. NORTH CAROLUVA 04WY"R/DEVELOPER. DAWD GREER CONSTRUCTION INC, SUFFKI N REALITY + q 1.9 S 86.20'00~ e -3.8 ORAn Unt 2 R. 368,VI i -5.4 - 3 ..�¢. _ -2.8 . ..r -2.4 -S.b 2 ' '3' .�. � -8.2 -2.5 -8.9 -9.1 �4 7 - .O.a. .O MASS u -4.9 H; -8.5 66'05'23" W `_`. ✓c -3.6 -5.0 Lw�-8.3 _ 1 .45' -$.6 -8.4 -2.62.6 -2.7 -3.7 -4.8-5.1 613 77� 58'5z3.� -8.7 -5. -3.1 -3.1 IA, -4.k -8.0 15. 0' -2.4 0 -3.6 2 -4.9 6 - -4•. 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We have received a copy of the DCM-1,DCM-2,aerial view of the site, aerial view of the spoil site,and hydrographic map. By sending in the correspondence,I am acknowledging receipt of the required information and submit that I have no objection to the proposed construction. Please issue any CAMA permit(s) necessary for the proposed activity. Thank you for your time and assistance with this matter. Sincerely, 'Z a 0' ' V'511 Property Owner or Agent DIVISION OF COASTAL MANAGEME T APPLICATION TRANSMITTAL AND PROCESSING RECORA Fla to . 1) APPLICANT: Inlet Point Harbor BOA County: New Hanover A U G 2 3 2005 LOCATION OF PROJECT: Inlet Point Harbor Subdivision, adjacent toilgt IPUad Harbor canal, access channel and boat basin, and the Atlantic Intracoastal Waterway. ��YV��UU City DC&I DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/28/05 J FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Robb Mairs DISTRICT FFICE: Wilmington DISTRICT MANAGER REVIEW: 03-6 B) DATE APPLICATION RECEIVED IN RALEIGH: 08�,Z3/o.5 FEE REC'D:$ PUBLIC NOTICE REC'D: v END OF NOTICE DATE: o J. RIP. PROP NOTICES REC'D (;jNd cgcgU!�juys DEED REC'D: ,y AP ION ASSIGNED TO: Wp k✓w ON: C) 75 DAY DEADLINE: 150 DAY DEADLINE: /Z125/aS MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative �J 2S(v Coastal Management-LUP Consistency 46-1,4S v Division of Community Assistance Z'(�'5 Land Quality Section 0S Pay;61 Y Division of Water Quality Pf r o/fSSV Storm Water Management(DWQ) State Property Office Division of Archives&History �I Division of Environmental Health 0( ✓ Sati (�,, /1161 Division of Highways Wildlife Resources Commission (w Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) - e- B(26 60 V, Permit# ; DCM Coordinator: [AILING DISTRIBUTION: (tip ok Permite - It �011 r �r �� Gf0 AAA Agent: LGJ.,6n, �SE�; 5 �31 C�r� �^'• '>e9�1,. d� �L -ZS L4 OL- DCM Field Offices: Eli orehead C' W US Army Corps of Engineers(USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Tim y(INCDPTY eery Wicke Others: Cultural Resources: enee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Stre NCDOT: Ken Pace Shellfish Sanitation: Patty Fowle State Property Office: Joseph Henderson uali C di Karoly for non-DOT John Hennessy(NCDOT) �J d ildlife Resources: E 4ibJ` 1 Bennett Wynne David Cox(NCDOT) 1 Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at Agent at � L DCNI Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CANIA NIajor Permit Process Manual Page 70 of 70 Al RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary October 17, 2005 Inlet Point Harbor BOA ATTN: Ms. Ann Bowman 1025-A North Lake Park Blvd. Carolina Beach, NC 28428 Dear Ms. Bowman: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to perform maintenance dredging within the access channel, canal and turning basin to maintain a —6.0' Mean Low Water (MLW) depth in New Hanover County adjacent to Inlet Point Harbor canal within the Inlet Point Harbor S/D, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make December 25, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Dou& v �1'A_� Huggett Major Permits & Consistency Coordinator cc: DCM, Morehead City DCM, Wilmington 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net o f W A 7-F9 Michael F. Easley, Governor 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Cl) Alan> Alan W. Klimek P.E., Director p Division W Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 26,2005 Inlet Point Harbor BOA Attn: Ann BowmanTU) t 1025-A N. Lake Park Blvd. Carolina Beach,NC 28428 S E P 2 9 2005 SUBJECT: Approval of 401 WateMr-V0nQnhlN t*,Q11 DCM and Additional Conditions Inlet Point Harbor BOA DWQ Project#051610 New Hanover County Dear Ms.Bowman: You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the following activity located on your property located at Inlet Point Harbor canal off Carolina Beach Road (US Hwy 421) adjacent to the AIWW north of Snow's Cut Bridge, in New Hanover County. This approval allows you to: 1. Maintenance dredge a 400' X 20' access channel to a depth of—6 NLW. 2. Maintenance dredge a 1350' X 30'to 50' canal to a depth of-6 NLW. 3. Maintenance dredge a 175' radius for a turning basin to a depth of-6 NLW 4. Place the spoil on an approved high ground site. This approval is only valid for the purpose and design that you described in your CAMA Major application received by the Division of Water Quality(DWQ)Wilmington regional Office(WiRO) on August 19, 2005. After reviewing your application, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.htm]. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. Please be aware that if you change or modify your project,you must notify the Division (DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,you must follow the conditions listed in the enclosed certification and the additional conditions listed on the follo-v ing page: N.C.Division of Water Quality 127 Cardinal Drive Extension (910)796-7215 Customer Service Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-774 One An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NorthCarolina j/Vatunallff Page Two Inlet Point Harbor BOA Ann Bowman DWQ Project#051610 September 26,2005 1. No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters,or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Upon completion of.all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications,the applicant is required to return the attached certificate of completion to this office and a copy to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh,NC,27699-1650. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. Please read the conditions associated with General Certification #3400(enclosed) and if you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the DWQ Permit#051610 under Section 401 of the Clean Water Act. If you have any questions,please telephone Joanne Steenhuis or Ed Beck at 910-796-7215. Sincerely, Alan W.Klimek, P.E., Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Corps of Engineers Wilmington Field Office—Henry Wicker DCM WiRO—Robb Mairs DCM Morehead—Doug Huggett v 401 Oversight/Express Review Permitting Unit—Ian McMillan SEGi—Dana Lutheran W iRO THIS IS NOT A LAMA PERMIT MEMORANDUM To: Rich Weaver From: Mike Christenbury, District Planner Subject: Consistency Determination, Major Permit Application, Inlet Point Harbor Subdivision, Inlet Point Harbor canal, access channel and boat basin, adjacent to the AIWW—New Hanover County Date: September 23, 2005 The applicant proposes continued maintenance dredging within the access channel, canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW)depth. Areas of Environmental Concern(AEC's) impacted by the proposal are ES, EW, and PT. The Waters at the project site are classified as SA and are closed to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 1999 Wilmington-New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Wilmington-New Hanover County allows development in Resource Protection classified AECs,which is consistent with the State's minimum use standards. The Wilmington-New Hanover County Land Use Plan contains some policies which exceed the State's minimum use standards, including those for marinas and dredging. The Wilmington-New Hanover Land Use Plan states"Not allow new dredging activities in Primary Nursery Areas (DNA's), Outstanding Resource Waters (ORW), or open Shellfishing Waters (SA)..." This proposed permit is for continued maintenance dredging of an area that has historically been dredged to maintain a—6.0 feet Mean Low Water(MLW) depth. Provided all local, state and federal requirements can be met, this project appears to be consistent with the 1999 Wilmington-New Hanover County Land Use Plan Update Cc: Jim Gregson, DCM Robb Mairs, DCM John Thayer, DCM Ted Tyndall, DCM Chris O'Keefe,New Hanover County Sep 08 05 12 : 00p Shellfish Sanitation 910-256-8956 p . l e September 1, 2005, Tl MEMORAN DOM Sip To: Doug Huggett ®/'e� 9 ZIIpS Major Permit Processing Coordinator 0, City . From: Ed Jackson C'v/ Shellfish Sanitation and Recreational Water Quality Section Wrightsville Beach Office Applicant: Inlet Point Harbor BOA ` - Subject: CAMA/Dredge and Fill Permit Application Review p Project Location: Inlet Point Harbor Subdivision, adjacent to Inlet Point Harbor canal, access channel and boat basin, and the AIWW, in New Hanover County Proposed Project: The applicant proposes to perform maintenance dredging with in the access channel, canal-turning basin to maintain a —6.0 feet Mean Low Water(MLW) depth. The Shellfish Sanitation and Recreational Water Quality Section concerns are centered upon the transfer of soils or waters from closed shellfishing areas to open shellfishing waters in the AIWW during dredging operations. The subject project proposes to relocate all dredge spoils to an existing dredge spoils site to the east side of the AIWW. The waters with in Inlet Point Marina and extending out to 325 feet from the last slip are closed to shellfish harvesting. The waters in the AIWW adjacent to the spoils site are currently open to shellfish harvesting. As such, the following is requested as a permit condition: If discharges of dredged or fill materials from waters closed to the harvest of shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24 hours prior notification shall be given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary closures to the harvest of shellfish may be put in place. Specifically, upon transfer of spoils from the above mentioned site (closed to shellfish harvesting) to the existing spoils disposal site adjacent to the AIWW (open to shellfish harvesting), a temporary closure to shellfish harvesting in waters adjacent to the existing spoils disposal site will be recommended. This closure will extend throughout the dewatering process, and will be lifted upon satisfactory bacteriological sampling after the project is completed. It should be noted that oyster-harvesting season in N.C. generally includes the months of October through March. bOF W ATFRY Michael F. Easley, Governor O William G. Ross Jr., Secretar y North Carolina Department of Environment and Natural Resources >_ wa Alan W. Klimek, P.E. Director Division of Water Quality August 31, 2005 Ann Bowman Inlet Point Harbor BOA 1025-N Lake Park Blvd. Carolina Beach, NC 28428 Subject: EXEMPTION Stormwater Project No. SW8 050833 Inlet Point Harbor BOA , New Hanover County Dear Ms. Bowman: The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for maintenance dredging on August 19, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis at (910) 796-7215. Sincere . 7 Ed Beck Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWAT\CAMA050833.aug05 CC' WiRO, DCM Tony Roberts, New Hanover County Inspections City of Wilmington- Stormwater Services Doug Huggett, DCM Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 One Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: www.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%a Post Consumer Paper Naturally Inlet Point Harbor Subdivision application,Federal review,AId 200... Subject: Inlet Point Harbor Subdivision application,Federal review,AId 200501155 From: "Wicker, Henry M JR SAW" <Henry.M.Wicker.JR@saw02.usace.army.mil> Date: Fri, 26 Aug 2005 10:17:27 -0400 To: <Doug.Huggett@ncmail.net>, <Jonathan.Howell@ncmail.net>, <Rich.Weaver@ncmail.net> Hey Guys, have reviewed Inlet Point Harbor Subdivision application and authorized the work under NWP 35 for dredging and NWP 16 for the return effluent. See Ya Henry 1 of 1 8/26/05 10:18 AM r� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary s-- August 18, 2005r f MEMORANDUM: AUG 2 3 2p05 TO: Dan Sams Morehe For James Simons $d City (ACM Division of Land Resources FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel, canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. ' Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at(910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. 3r 4OLe- J ��� t�ct,�%..m cake, ;...,ol.,V_s m a.-� �•S I'^�o,.�� /� 1rt cLClt o/ ���1! tios.�.- t. 1���.-.u_} C_. a (��afe. •S This agency objects to the project for reasons described in the attached comments. �J SIGNED )ATE J4 �'�_ Zo° 127 Cardlna xt., ngton, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Aug 19 05 01 : 54p Preferred Customer 910-437-2535 p. 3 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley,Governor Charles S.Jones, Director I' August 18, 2005 AUG 2 4 2005 MEMORANDUM: Morehead City 0CM . TO: Jason Epley Division of Community Assistance FROM: Doug Huggett,Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent-to Inlet Point Harbor canal,access channel and boat basin,and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a-6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10,2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291,when appropriate,in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED f r DATE. 8' 127 Cardinal Drive Ext_, Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Oppohunity 1 Affirmative Action Employer—50%Recycled 110%Posl Consumes Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 18,2005 ► U 7� MEMORANDUM: AUg 2 41 TO: Fritz Rohde D�F-HAB ITAT Division of Marine Fisheries FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: _This agency has no objection to the project as proposed. 0 ' r-1.10 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. SIGNED DATE L V 0 127 al Drive Ext., Wilmington, North Carolina 28405-3845 Phone. 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 1 10%Post Consumer Paper AjA Itr ;.-� Y NCDENR r 2 9 2005 I North Carolina Department of Environment and Natural Resources Division of Coastal Management ' 0Tv # L1 ��]/ Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,secretary August 18, 2005 MEMORANDUM: AUG 1 9 2005 TO: Joe Henderson NC Dept. of Administration State Property Office FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel, canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291,when appropriate, in-depth comments with supporting data is requested. REPLY: t✓ This agency has no objection to the project as proposed. 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. SIGNED "ATE 127 ardinal Drive Ext., Wilmington, North Carolina 28405 45 Phone: 910-7 -72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper L J `! SEP 2005 NCDENR fin,, QQhh North Carolina Department of Environment and Natural �"pad cl:y Dcnn Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 18, 2005 MEMORANDUM: TO: Steve Everhart NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: %1nteT"Pomi Harbor Snhrhv;c�ni�,ad'acent Inlet Point Harbor canal,access channel and boat basin, and the AIWW, ew anover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the roject as proposed. S'�tbre�i�a( tte 154 7�'J - This agency has no comment on the proposed project. 'S aUser✓ �lti 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. SIGNED DATE k 31 OS 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 1 10%Post Consumer Paper IL 74 NCDENR MiN�To O North Carolina Division f 10 N of Environment and Natural ResourcesFp p 7 , NG, Coastal Management pS Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary 27 7" August 18, 2005 �` 4 RECEIVED SEP p g 2005 MEMORANDUM: pub 22 2U�5 m TO: Ann Hines SR �ishead CIty.DCM DEPi. New Hanover Co. LPO FROM: Doug Huggett, Major Permits Coordinator SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291,when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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. SIGNED A - 1k, DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary C EIVED • August 18, 2005 AUG 1 9 2005 BS_0�33 MEMORANDUM: TO: Linda Lewis `�V P, and Noelle Lutheran Division of Water Quality ti FROM: Doug Huggett, Major Permits Coordinator %' SUBJECT: CAMA &Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 continents. r SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity l Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper L;S ti RICT 3 AS z - �.J) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 18, 2005 RECFI\Ilzn MEMORANDUM: AUG 3 6 2i105 TO: Ken Pace =' DN.OF COASTAL ; q NCDOT b . State Construction/Materials Branch c E P ' 6 .2 005 FROM: Doug Huggett, Major Permits Coordinator Morehead City DCM SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: -inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291,when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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, SIGNED DATE S 127 ardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper CA� w NCDENR North Carolina Department of Environment and Natural ResolAcles `- Division of Coastal Management p Michael F. Easley, Governor Charles S. Jones, Director Am G. Rods Jr., SecrefaFyl, jam ,' eoof C� a August 18,2005 SEP - MEMORANDUM: 2005 SHELLFISH SANITATION TO: Patty Fowler NCDENR-Division of Environmental Health Shellfish Sanitation Section �j /s�sq '` FROM: Doug Huggett, Major Permits Coordinator ti SUBJECT: CAMA&Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel,canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project,please contact Robb Mairs at(910) 796-7291,when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thi a ency objects to the project for reasons described in the attached comments. rD�lc�' SIGNED DATE 127 Car i al Drive Ext., Mmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR [AUG 10 ?Cos w .: North Carolina Department of Environment and Natural Resources Division of Coastal Management =;s, -`. $EW#,l AOFF% Michael F Easley, Governor Charles S. Jones, Director William G Ross Jr., Secretary i-IECEI r/EL bS- 1 ,921 August 18, 2005 DCM WILMINGTON, N iFe SEP 1 9 1005 MEMORANDUM: TO: Renee Gledhill-Early NC Dept. of Cultural Resources a 1-71 es Archives & History FROM: Doug Huggett, Major Permits Coordinator DttE Q+7;10G SUBJECT: CAMA& Dredge and Fill Permit Application Review Applicant: Inlet Point Harbor BOA Project Location: Inlet Point Harbor Subdivision,adjacent to Inlet Point Harbor canal,access channel and boat basin, and the AIWW, in New Hanover Co. Proposed Project: The Applicant proposes to perform maintenance dredging within the access channel, canal and turning basin to maintain a—6.0 feet Mean Low Water(MLW) depth. Please indicate below your agency's position or viewpoint on the proposed project and return this form by September 10, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs at (910) 796-7291, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED �a DATE Z " S 127 Cardinal Drive Ext., Wilmington,6rth Carolina 28405-3845 Phone: 910-796-7215 1 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Qt'G 2 4 2005 Q� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 8, 2005 Sent via fax Ms. Dana Lutheran Southern Environmental Group, Inc. 5131 Carolina Beach Road Wilmington, North Carolina 28412 RE: CAMA Major Permit Application Inlet Point Harbor BOA (Ann Bowman) New Hanover County Dear Nf�. tCtheran: The Division of Coastal Management hereby acknowledges receipt of your application for the maintenance dredging for Inlet Point Harbor BOA (Ann Bowman), adjacent to the Inlet Point Harbor boat basin, in New Hanover County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at(910) 796.7215. Sinc4V�e� Robb Mairs Field Representative cc: Doug Huggett Wilmington Files 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-350-2004\ Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director G. Ross Jr., Secretary June 30, 2005 41, CERTIFIED MAIL #7004 2510 0001 8280 0604 '00,� RETURN RECEIPT REQUESTED A Ms. Dana Lutheran Southern Environmental Group, Inc. 5131 Carolina Beach Road rr� Wilmington, North Carolina 28412 �( RE: CAMA Major Permit Application Inlet Point Harbor BOA (Ann Bowman) New Hanover County Dear Ms utheran: The Division of Coastal Management hereby acknowledges receipt of your application for the maintenance dredging for Inlet Point Harbor BOA (Ann Bowman), adjacent to the Inlet Point Harbor boat basin, in New Hanover County. However, your application lacks information necessary for complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen(15) review agencies. The attached checklist indicates the deficiencies of your application. Enclosed is the check you wrote #1934 for the amount of$250. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7215. Sincerel r Robb Mairs Field Representative cc: Doug Huggett Wilmington Files 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-350-2004\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper ..50utkern EnvironmCntal Group, Inc. 55 1 5 South College Koad,juite F . Wilmington, North Carolina 2841 2 910452.2711 rax: 910.452.2899 office@segi.us www.segi.us June 13,2005 Hand Delivery Mr. Robb Maire C9 Division of Coastal Management <�pf. 0 127 Cardinal Drive Extension Wilmington,NC 28405-3845 Re: Inlet Point Harbor [SEGi Project#04-251.011 Federal Point Township, New Hanover County, NC Dear Mr. Mairs Our Firm has been retained to pursue the permits required to dredge the existing access channel, canal and boat basin located at Inlet Point Harbor Subdivision in New Hanover County,NC. Past activity has been completed under Division of Environmental, Health and Natural Resources permit number 122-77. The applicant proposed to conduct dredging of the channel and boat basin in order to enhance navigation and docking for their personal use. The channel would be dredged by hydraulic dredge, so that the basin and channel maintains a-6.0 MLW depth(6.0 feet below Mean Low Water). The canal is approximately 30 - 50 feet wide and leads into the boat turning basin that has a radius of 370 feet. The spoils are to be placed in an existing dike area located on an island South of Carolina Beach Inlet. At this time we are requesting your review and approval of the attached permit application. Please feel free to contact me if you should have any questions or comments. Thank you in advance for your prompt attention to this matter. Sincerely, RECEIVED DCM WILMINGTON, NC DA��' JUN 2 0 2005 Dana Lutheran Environmental Consultant Enclosures: 1. Filing Fee ($250.00) 2. Vicinity Map 3. DCM-1 Application 4. DCM-2 Application 5. Aerial View of Site 6. Aerial View of Spoil area 7. Drawing of Spoil Area 8. MFC Designated Fish Nursery Area Map 9. Adjacent Property Owner Information 1 O.Adjacent property Owner Notification Letters I I.Certified Mailing Green Cards to Adjacent Property Owners 12.Hydrographic Survey Map o°s F T, RECEIVED pGM WILM►NO-rn". NC JUN 2 � 2005 DCM!: DWQ% Duvolcpmonl Typo FEE 114200 1601 435100093 1625 6253) (24300 1602 435100095 2341 L wr)v l6 D,nGrl•come not UJl , &w1riivnnnt that dons not invotvu $250 100°:(5250) aw lilfiug or ezGri5►i0n of any ii,A rj is or open water areas: L Public or cvrnmcrcial dnveloprnenl V tat doo3 not Involve IN filling or $400 1C091.(S400) 0'/(SO) ,mr.ev:,ficn of any wulland:or oxen rater araes: tut. For duvulopmanl that imrolvas the e,i ig ai excavation of up 10 1 =ra of w.:dands and/or open wn!er ]ra3S,du-Iorrninu if A,E.C.or D hr:lpw al!i tll(A). For Prival non•corrmon:ial devnlc,Prnenl,It Gorton]wafer Ouality S250 1 GO„(Si50) 0%(SO) Canifc;ban No.3301(ice al6ichcd) G:n be applied: III(R): For puhlic or eomma:eial &-.clop marl,If wa!ar Quality 1-100 100 (S•100) 0°h(SO) Cc;tirrcLj:icn No.3301(toe attached) ;.rit be applied: III(C). If GenNrjl VvUter cu1RIy Certification No.3301(set:attached) could be,)ppricd.but DCh15:•a7 detamunr:d that additional«view and 3400 60;b(S240) 40%.(5160 ) wriaian DWO concurrenca is nPodo-d bc=ucc of tuncoms rolatud to water qu:ilky or aquatic WO: 111(D). If Gannral Walnr Quality 40%(S 1 G0) Cerliric.;W,xt No.3201(:.���attaehcd) $400 6U (52;0) cnn rult bo applicd: IV. For r)uvalopmerel Ii involves the titling androrc=vnlion of more S476 Go%(S265) 40%($190) than ono nccu of wetland:an filar open w.rtor arear: __- v'rznnarur5 "�' -]iC::➢ TZ'�CPR�ll=11A�9, TC PI.-tJ'..]� 66-30/531 0999 I' 0 353 PAY DER 1 L.L j I TOR THE '��1(� ,C� — -- — "4s�-------- �I, ORDER OFJ-1�----- I: G MIST CITIZENS BANK T.1 come-'v INSURED MONEY MARKET SAVINGS � NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 18, 2005 FAX: 343-2229 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice - Inlet Point Harbor HOA Kyle: Please publish the attached Notice in the August 20, 2005, issue. 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 a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send the original invoice and a copy of the affidavit for payment to Bev Rivenbark at Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7220. Paying by Credit Card. Please send a fax of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Beve Riv ark Coastal Manageme Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources 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 received on July 28, 2005. According to said application, Inlet Point Harbor BOA, proposes to perform maintenance dredging within the access channel, canal and turning basin to maintain a -6.0 feet Mean Low Water (MLW) depth located at Inlet Point Harbor Subdivision, adjacent to Inlet Point Harbor canal, access channel and boat basin, and the AIWW, in New Hanover County. A copy of the entire application may be examined or copied at the office of Robb Mairs at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7291) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 10, 2005, 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. AiA t NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 16, 2005 Inlet Point Harbor BOA c/o Ann Bowman 1025-A N. Lake Blvd. Carolina Beach, NC 28428 Dear Ms. Bowman: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at Inlet Point Harbor Subdivision, in Wilmington, NC, in New Hanover County. It was received complete on 7/28/05, and appears to be adequate for processing at this time. The projected deadline for making a decision is 10/11105. An additional 75-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 75th day. If this agency does not render a permit decision within 70 days from 7/28/05,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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sin ely, Robb Mairs Field Representative cc: Doug Huggett, DCM Jim Gregson, DCM Henry Wicker, COE Ann Hines, LPO Dana Lutheran, Agent 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r o 11 ( 00* jai AMA ERMIT APPLIE F PROJECT: �"i� 1 • ✓✓ wi 't- J ' f --'AJ4 ,mod✓�o.--... 6d.•...;�:•..�. Ad A OttJQAAA f� ,..✓d /3.,.+ �s..�,;•.� COMMENTS ACCEPTI=D THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: AlCo, b-7. Or &AC4-bL wTft_*o-b.+ C/o A J*J 127 6 Ard.•*ja L Di. Fir. /D-1s'-A Al L41e e o S 5outkern Environmental Group, Inc. 5515 South College Koad,Suite F • Wilmington, North Carolina 28+12 910.452.271 1 • rax: 910.452.2899 office@segi.us www.segi.us June 13, 2005 Certified Mail/Return Receipt Requested �0 Eric Miller 706 Emiline Avenue ��� Fayetteville,NC 28303 �'° 'L Re: Dredging Project at Inlet Point Harbor,New Hanover County,NC Dear Mr. Miller, This letter is in reference to the access channel, boat canal and basin located at Inlet Point Harbor Subdivision in New Hanover County,NC. My client is applying for a Coastal Area Management Act(CAMA)permit to dredge the aforementioned area. The applicant proposed to conduct dredging of the channel and boat basin in order to enhance navigation and docking for their personal use. The channel would be dredged by hydraulic dredge, so that the basin and channel maintains a-6.0 MLW depth(6.0 feet below Mean Low Water). The canal is approximately 30 - 50 feet wide and leads into the boat turning basin that has a radius of 370 feet. The spoils are to be placed in an existing dike area located on an island South of Carolina Beach Inlet. No other plan or activity is sought with this notice or permit application. The property owner requests that you sign and return the enclosed form letter to expedite the CAMA permit processes. As an adjacent land owner,we are advising you that you have thirty (30) days in which to submit comments on the proposed project to the Division of Coastal Management. For questions regarding the proposed activity or for information regarding 'AV&1 V E[� Environmental Concern (AECs) or other environmental issues, please fB#fte&feMff(° ' JUN 2 0 " .,� SEGi at 910.452.2711. Thank you for your assistance with this project. Sincerely, �Z)4z&� Dana Lutheran Environmental Consultant Enclosures: 1. DCM-1 Application 2. DCM-2 Application 3. Vicinity Map (� 4. Aerial View of the Site (Depicting Spoil Site) 0 5. Hydrographic Survey 6. Form Letter S C' RECEIVED DCM WILMINGTON, NC JUN 2 0 2005 5outkcrn environmental Ciroup, Inc. 5515 South College Koacl, Suite E- - Wilmington, North Carolina 2841 2 910.452.271 1 - ]=ax. 910.452.2899 office@segi.us www.segi.us June 13, 2005 v moo'NG Certified Mail/Return Receipt Requested W�LM�NG �05 0MJUN Martire Family Trust 115 Lighthouse Drive Carolina Beach,NC 28428 Q Re: Dredging Project at Inlet Point Harbor,New Hanover County,NC `oo 02 To whom it may concern: This letter is in reference to the access channel, boat canal and basin located at Inlet Point Harbor Subdivision in New Hanover County,NC. My client is applying for a Coastal Area Management Act (LAMA)permit to dredge the aforementioned area. The applicant proposed to conduct dredging of the channel and boat basin in order to enhance navigation and docking for their personal use. The channel would be dredged by hydraulic dredge, so that the basin and channel maintains a-6.0 MLW depth(6.0 feet below Mean Low Water). The canal is approximately 30 - 50 feet wide and leads into the boat turning basin that has a radius of 370 feet. The spoils are to be placed in an existing dike area located on an island South of Carolina Beach Inlet. No other plan or activity is sought with this notice or permit application. The property owner requests that you sign and return the enclosed form letter to expedite the CAMA permit processes. As an adjacent land owner,we are advising you that you have thirty (30) days in which to submit comments on the proposed project to the Division of Coastal Management. For questions regarding the proposed activity or for information regarding Areas of Environmental Concern(AECs)or other environmental issues,please feel free to call our office 50utkcrn Environmental Group, Inc. 5515 South College Koaj,Suite r— - Wilmington, North Carolina 2841 2 910.452.271 1 • Fax: 910.452.2899 office@segi.us www.segi.us June 13, 2005 Certified Mail/Return Receipt Requested Fred D. Jerome, Etal 114 Wee Loch Drive Cary,NC 27511 b. <) Re: Dredging Project at Inlet Point Harbor,New Hanover County, NC To whom it may concern: This letter is in reference to the access channel, boat canal and basin located at Inlet Point Harbor Subdivision in New Hanover County,NC. My client is applying for a Coastal Area Management Act (CAMA)permit to dredge the aforementioned area. The applicant proposed to conduct dredging of the channel and boat basin in order to enhance navigation and docking for their personal use. The channel would be dredged by hydraulic dredge, so that the basin and channel maintains a-6.0 MLW depth(6.0 feet below Mean Low Water). The canal is approximately 30 - 50 feet wide and leads into the boat turning basin that has a radius of 370 feet. The spoils are to be placed in an existing dike area located on an island South of Carolina Beach Inlet. No other plan or activity is sought with this notice or permit application. The property owner requests that you sign and return the enclosed form letter to expedite the CAMA permit processes. As an adjacent land owner,we are advising you that you have thirty (30)days in which to submit comments on the proposed project to the Division of Coastal Management. For questions regarding the proposed activity or for information regarding Areas of RE IVp Environmental Concern(AECs)or other environmental issues,please fee t�� ff y, 1' eNC JUN 9. n ^qi'5 at 910.452.2711. Thank you for your assistance with this project. Sincerely, D�W� On Dana Lutheran Environmental Consultant C) A o Z Enclosures: 1. DCM-1 Application 2. DCM-2 Application ZC� 3. Vicinity Map 4. Aerial View of the Site (Depicting Spoil Site) 5. Hydrographic Survey 6. Form Letter M�\VM�NG pG JN ti � 2p45 U ~ �� 1 RE •. . EO ! 5 U 7 1 L 5 u j 4E.+ DECLARATION OF COVENANTS, _STATE OF NORTH CAROLINA CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER AUG 16 3 36 PIi '90, INLET POINT..HARBOR DEVELOPMENT DcM VVI THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is madLM�NC'TQN, NC this day of august, ' 990 by Willard S. Buffkin and wife, Kath*tn2 2005 G. Buffkin and David M. Greer and wife, Tammy P. Greer, hereinafter referred to as "Declarant". j STATEMENT OF INTENT Declarant is the owner of certain property in New Hanover County, iNorth Carolina, which is more particularly described on maps recorded in Map Book �1 at Pages /_3�,(_ through J2-1_ in the New Hanover County, North Carolina, Public Registry, incorporated herein by reference. i Declarant desires to create thereon an exclusive residential community of single-family residences to be named the INLET POINT HARBOR. Declarant desires to insure the attractiveness of the Inlet Point Harbor and�.to prevent any future impairment thereof,• to prevent nuisances, to preserve, protect and enhance the values and amenities of all properties wi,thin the Inlet Point Harbor and to provide for the maintenance and upkeep of all common areas in Inlet Point Harbor. To this end the Declarant desires to subject the property described herein, together with such additions as may hereafter be made thereto, to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Declarant, the ,said property and each owner of property in Inlet Point Harbor. Declarant further desires to create organizations to which will be ' delegated and assigned the pourers of owning, maintaining and administering the common areas, bulkheads, docks, piers and boatslips in Inlet Point C Harbor, administering and enforcing the covenants and restrictions contained herein, and collecting and disbursing the assessments and r- charges hereinafter createlA in order to efficiently preserve, protect and k Z enhance the values and amenities in Inlet Point Harbor, to'insure the _ a, residents' enjoyment of the specific rights, privileges and easements in the common area, and to provide for the maintenance and upkeep of the o common area. To ..that end the Declarant has or will cause to be incorporated under n North Carolina law, INLET POINT HARBOR OWNERS' ASSOC. , INC. and INLET 'POINT HARBOR BOATOWNERS' ASSOC. , INC. , as non-profit corpbrations for the purpose of exercising and .performing. the aforesaid functions. NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and Restrictions, does declare that all of the property described herein, and such additions thereto as may be hereafter made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to the• covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration which shall run with . the real property. ..and be binding on all parties owning any. right, title or interest in said real property or any part thereof, their heirs, successors . and assicns,, and shall inure to the benefit •o.f each owner thereof. ARTICLE I DEFINITIONS Section ' "Lot Owners' Association" shall mean and refer. to INLET POINT HARBOR. OWNERS' ASSOC. , 'INC. , a' `orth Carolina non-profit corporation, its successors and assigns. Street, t�ilminaton, NC DRAWN By; CALDER s CALDER, .\ttorneys, �11 nrincess • ;;our :.a„� 150 291 Page 2 Q Section 2. "Boatowners' Association" shall mean and refer to INLET ' POINT BOATOWNERS' ASSOC. , INC. , a North Carolina non-profit corporation, its successors and assigns. i Section 3. "Land Common Area" shall mean all of the streets, roads, irectly related to the piers, docks, CP parks, lakes and access area not d �i bulkheads and other water related common area owned by the Lot Owners 0 Association for the common use and enjoyment of the lot owners. The Land 2 � ' Common Area to be owned by the Lot Owners' Association is labeled as such on the maps of Inlet Point Harbor. �• Section 4. "Water Related Common Area" shall mean all of the bulkheads, pilings, floating docks, piers and other property related to maintenance and use of the Inlet Point Harbor channel, basin, harbor and boating facilities. Section 5. "Declarant" shall mean and refer to Willard S. Buffkin and wife, Kathleen G. Buffkin and David M. Greer and wife, Tammy P. Greer and Q also shall mean and refer to any person, firm or corporation which shall also be designated as a "Declarant" by Willard S. Buffkin and wife, Kathleen G. Buffkin and David M. Greer and wife, Tammy P. Greer. C Section 6. "Development" shall mean and refer to the Inlet Point Harbor, a single-family re sidential development proposed to be developed on the Properties by the Declarant. N o Section 7. It shall mean and refer to any plot of land, with o. O delineated boundary lines, appearing on the Maps with the exception of the s-n Z Common Area. z C) Section 8. "Slip" shall mean and refer to any boatslip appearing on the Maps or diagrams of the Inlet Point Harbor facilities. Section 9. "Individual Slip" shall mean any boatslip built for the sole use of one of the waterfront lots, not a slip in the common docking facilities in Docking Easements No. 1 and 2. Section 10. "Maps" shall mean and refer to the maps of the Existing Property as recorded in Book at Pages through in the New Hanover County, North Carolina, Public Registry and the maps of any additions to the Existing Properties which may be recorded by Declarant in the New Hanover County, North Carolina, Public Registry in the future. Section 11 . "Member" shall mean and refer to every person or entity who holds membership in either of the Associations. Section 12. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including the Declarant if it owns any Lots, but excluding those having such interest merely as security for the performance of an obligation. Section 13. "Properties" shall mean and refer to. the "Existing Property described in Article II, Section 1 hereof, and such additions thereto as may hereafter be made subject to this Declaration and brought Q within the jurisdiction of the Association. ARTICLE II L PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF INLET POINT HARBOR OWNERS' ASSOC. , INC. AND TOWNERS' ASSOC. , INC. INLET POINT HARBOR BOA 2 Q i 15Ur I � � 2 Page 3 Existin Pro ert The real property which is and shall Section ' . q p y �� be held, transferred, sold, conveyed and occupied subject to this the Association is located in Declaration, and within the jurisdiction of v ^ New Hanover County, North Carolina, and is more particularly anddIscribPoint the Naps including inlet Point Section 1 , Lots 9 and well as all common area, roads and easements. 4P !(arbor Lots 1 ' -58, as �A� c-' O 0 section 2 Addit: -)ns to i:xistin- Property � 2 0 (a) Additional land which is contiguous to the Existing Property or '2 any land previously added to the Existing Property may be brought within the property covered by this Declaration and the jurisdiction of the Association by Declarant, in future stages of development, without the. consent of the Association or its Members, provided that such annexations . occur within 20 years after the date of the filing of this instrument, and such up to ten additional 10-year periods by filing of an Extension in the New Hanover County Registry. For the purposes of this Declaration; : "contiguous" shall include, but not limited to, the property shown on the Maps as the "now or formerly Homer Barrett" property, shown as the "Ronald Lee Wrenn" property and as the "formerly Hannie I. Burnett property. � (b) The aciditior.s authorized under subsection (a) above shall be made by filing Supplementary Declarations of Covenants, Conditions and r- Restrictions and Supplementary Maps with respect to the additional properties in the New Hanover County Register of Deeds Office, which :� supplemental filings shall extend the coverage of this Declaration and the jurisdiction of the Association to such properties and thereby subject No -1'' such additions to the benefits},ue9rnotelimitedslo,cassessments obligations herein cr ' Z set forth herein, including, .Z determined. The Declarant's right to file supplementary declarations and supplementary maps is at the Declarant's sole discretion Owners,does the Lot require or allow approval or other input by Owner's Association or the Boatowner's Association. (c) Declarant has the right to convert the one-foot striptlocated between Gazebo Driv and easementesooashtonallowerty accessnfromrop , rtheyproperty shown to a road or access ormerly Homer Barrett" property to the roads of Inlet as the "now or f . opment. so in its Declarant is under no obligation to make any Point Harbor Devel such conversion, and may do Boatownersole rt1 an sAssociationoraany Lot from the Lct Owner's Association, Owner. (d) Declarant may also expand the operation of this Declaration to include any of Lo:s 1 through 0 in Inlet Point, Section 1 which anree to be bound b, all t e rules and regul;tments,including agreement not shalllimited be in the obligations to make assessment pay men file in New ::anover County Registry. Section = Additional Boat Docking facilities. dy Developer has f"e 1erstandoslipsSinuDocking Easementsct, or has allo.clRandu2tas ramps, floating docks, p shown on the maps. Developer also retains the right to build a pier, walkway facility in the marshes lying east of Lot 36 between the said Lot th 36 and right of f Noe Iltando2sshallaberofvconstructionland designnat in Docking Easements the sole discretion. of the Developer. Said slips may be sold to Lot Owners in Inlet Po in`_ tlarbmaintenance} shall be pabeed the omobligationlmof the piers, docks and ramps Boatowner's association. able from Ownership of anv boatslip shall be appurtenant tobenexpandedrfrom time ownership of a lot in Inlet Point Iiarbor, as it may , of, or the use of any to time. Rights to the ownership boatslip shall be t J 1!1.f 150 / 12193 Page 4 evidenced by a Certificate and by Assignment of the slip to the owner on Q the records of the Boatowner's Association. All owners of boatslips shall be subject to the terms contained in this Declaration of Covenants, and G such additional rules, regulations and By-Laws as may be promulgated, or G changed, from time to time. ARTICLE III VO 2 .G PROPERTY RIGHTS m O 0 Section 1 . Ownership of Common Areas. After the completion of all improvements to the Common Areas, Declarant shall convey the Common Areas 2 to the Associations. Notwithstanding the recordation of any Map or any C� other action by Declarant or the Associations, all Common Areas (including the Common Area streets and roads) shall remain private property and shall not be considered as dedicated- to the use and enjoyment of the public. Section 2. Owner's Rights to Use and Enjoy Common Areas. Each Owner is hereby given the right to use and enjoy the Land Common Area, which right shall be appurtenant to and shall pass with the title to the Lot, subject to the following: (a) the right of the Association to promulgate and enforce reasonable regulations governing the use of the Common Area to insure the safety and rights of all Owners; (b) the right of the Association to suspend the voting rights in the Association and right to use the Common Areas by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty days for any infraction of its published rules and regulations; and (c) the right of the Declarant or the Association to grant utility, drainage and other easements of the type and for the purposes set forth in Article VIII across the Common Areas. (d) The right of Declarant to convert any part of the common area located between Gazebo Drive and the southern property line between the northeastern corner of Lot 37 and the eastern end of Gazebo Drive to roads or access easements to serve the property to the south. Section 3. Owner's Easements for Ingress and Egress. Every Lot is hereby granted a perpetual, non-exclusive right to use any roadway which may be constructed by the Declarant and conveyed to the Association as part of the Common Area for the purpose of providing access to and from each Lot. Section 4. Delegation of Use. Any owner may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the Common Area and facilities to the members of his family, his guests, his tenants, or contract purchasers who reside on his Lot. ARTICLE IV MEMBERSHIP, VOTING RIGHTS AND CONTROL OF THE ASSOCIATION 2071 Section 1 . Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. �;�; Section 2. Classes of Lots. The voting rights of the Membership shall be appurtenant to the ownership of Lots. There shall be two classes i�. of Lots with respect to voting rights: (a) Class A Lots. Class A Lots shall be all Lots except Class B Lots as defined below. Ownership of each Class A Lot shall entitle the Owner(s) of said Lot to one ( 1 ) vote. When more than one person owns an interest (other than a leasehold or security interest) in Lot, to saall such persons shall be Members and the voting rights appurtenant el Lot shall shallbemoexercised one (1 )yvoteobe castng s with srespect mtoe any uClass t in nA evente than Lot. i i • 150 � „ Page 5 • (b) Class 3 Lots. =lass B Lots shall be all Lots owned by Declarant � which have not teen con•,e.•ed to p•_,rchasers who are not affiliated with the � Declarant. The Declarant sha;: be entitled to three ( 3) votes for each Class B lot owned by it. G ^ Section 3. Amendrent. Nctwithstan_4ing the provisions of Section 2 2`,m above, and Article X::: so l:ng as :eclarant owns any Lot, this Declaration, the Bylaws :f the Associations may not be amended without its O `" written consent. O • .z Section 4. The Association shall be Governed by a Board of Directors in accordance .:ith the =ylaws. Notwithstanding the provisions of Section 2 above, the :eclarant shall :lave the right to appoint or remove any member or memters of t`.� Board c'_ Directors or any officer or officers of the Association until _uch tice as t-e first of the following events occurs: (1 ) De:'_arant nc longer owns any Lot, or (Z) Declarant s•-rrenders the aut.`.crity to appoint and remove memters of the Board cf Directors and officers of the Assc:iatlon an express amendment to this Declaration executed and recorded by the Declarant. ARTICLE COVENANT FOR MA:NTENANCE ASSESSMENTS Section 1 . Creation of =tie Lien and Personal Obligation for Assessments. Each Owner of any Lot t:' acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and acree to pay to toth of t.`.e applicable associations annual assessments or charges and spe:ial assessments for capital improvements established and collected as hereinafter provided. Any such assessment or charge, together with interest costs, and reasonable attorney's fees, shall be a charge and a contin•-ing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge, together with 'interest, costs and reasonable attorney's fees, shall also be the persona: obligation of the Owner of such Lot at the time when the assessment fell- due. ,he personal obligation for delinquent assessments or charges shall not pass to an Owner's successors in title unless expressly assumed by the-. All dues shall be assessef, bille; and collected on a quarterly basis. Each Lot Owner is responsible f:r providing to both Associations their current nailing address for receiLt of bills from the Associations for dues. A1= dues shall be paid notwit-standing the fact that the owner :nlet Point Harbor. The initial is not using the lot or facilities of payment of assessments :ill be made at ci:sing of the initial purchase and will be for t.`.e quarter during which t.`.e closing takes place, with the quarterly assessment being prorated as of t-e date of closing. There shall be two ::asses of assessrents, assessments made by the Lot Owner's Association an.-- assessments made by the Boatowner's Association. The Let Owner's Association and :he Boatcwner' s Association shall maintain separate books and ac:ounts fir those assessments collected and funds ed by each. A:: lots disburs in inlet Pc:nt Harbor Subdivision, as it may be expanded from time to time, will ca•- assessments to the Lot Owner's Association. All Lot Owners who purcase boatslips in the Docking Easement areas, or hale a lot which is adjacent to the canal or turning % to construct an individual boatslip shall pay basin and have the a assessments to the Boatowner's =..ssociat:cz. The assessments collected by the Let Owner's Association s�all be fir maintenance upkeep, repair and other work done on t=e Land C:mmon Area, and the assessments charged by the Boatowner's Association shall be :or the maintenance, upkeep and repair and other charges in connection wit: the bulkheads, canal_, pilings, floating docks, piers an.-4 boatsli=s comprising the water related common area. The assessments charge: by the lot owner's As shall be uniform on all lots in :islet Point Harbor. The assessments charged by the Boatowner's Association may vary depending on the type docking facilities available to the lot, and whether or not the lot borders the canal or harbor, or does not border any navigable water. I5Oi � 2y5 Page 6 All assessments shall be based upon the estimated cost of maintenance Q of the common areas, both water related and land, plus reserves for replacement, redredging or rebuilding. The initial maximum annual Gassessments are set out hereinafter. < 0. • Section 2. Purpose of Land Common Area Annual Assessments. The � 2 0 annual assessments levied by the Lot Owner's As shall include, Qp G but not limited to, the uses as follows: (a) to maintain all roads constructed within the Common Areas to the. he p 2 Q 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, and footbridges in the Common Areas in an easily passable condition, free from fallen trees, ; undergrowth, and other obstructions; and to keep all dead, diseased or bushes removed from such areas and to replace decaying trees, shrubs and 'N such items with new trees, shrubs and bushes; (c) to maintain all drainage easements and lakes in the Common Areas to prevent flooding; (d) to keep the lake, the Common Areas and the drainage and access easements free of pollution and natural debris; (e) 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 in accordance with the highest standards for private residential community including any necessary removal and replacement of landscaping; (f) to provide such security services as may be deemed reasonably necessary for the protection of the Common Areas from theft, vandalism, fire and damage from animals; (g) to provide garbage removal services for all Lots; Declarant reserves the right to enter contracts for the removal of trash for all lots in Inlet Point Harbor, which contracts can call for payments forwnersr such service either directly by the Lot Owner, or by the Association; any such contract shall have a maximum duration of three „ years, and upon termination, the Lot Owners Association shall then have the right to enter such contracts; (h) to pay all ad valorem taxes levied against the Land Common Areas and any property owned by the Association; (i) to pay the premiums on all hazard insurance carried by the Lot Owners Association on the Land Common Areas and all public liability. (j ) to pay all legal, accounting and other professional fees incurred by the said Association in carrying out its duties as set forth herein or in the Bylaws; and (k) to accumulate and subsequently maintain a contingency reserve equal to 10% of the sum of the amounts described in subsections (a) und unanticipated expenses of the said through (j ) above in order to f Association. Section 3. Pur ose of Annual Water Related Common Area Assessments. The annual assessments by the Boatowner s Association sh include, but all not limited to, the uses as follows: i50 / IL �Jb page. 7 n (a) to maintain, repair and/or replace all of the bulkheads, piers, 2� 'A pilings, floating docks, walkways and access easements serving the canal, v !Z m harbor and all boatslips and water related facilities; G (b) to dredge and clear the canal and boat basin as necessary to 2:rn maintain the canal and tasin navigable for the lot owners in Inlet Point dp G Harbor; 1 between the bulkheads and lots in S property(c) to maintain the p y lying Z Q g Inlet Point Harbor which bcrder on the canal and harbor; (d) to pay the premiums on all hazard insurance and liability insurance carried by the Boatowner's Association on the water related facilities, pursuant to the By-Laws; (e) to pay all legal, accounting and other professional fees incurred by the said Association in carrying out its duties as set forth herein or in the By-Laws; ana (f) to accumulate and maintain a reserve fund equal to 10% of the sum of the amounts described in the above Sections (a) through (e) in order to fund unanticipated expenses of the said Association. Section 4. Maximum Annual Assessment. The initial maximum annual assessment shall be as follows: All lots in Inlet :'pint Harbor, as it may be expanded from time to time, that do not border on the Mooring or Docking Easements Channel or turning basin, and have not purchased a boatslip appurtenant to the ownership of their lot, shall have an initial annual assessment of $600.00. The entire $c)0.00 assessment is payable to and for the Lot Owner's Association. All lots in :nlet Pont Harbor which are adjacent to or border on the water, including but not limited to those bordering the Mooring Easements, Docking Easements, channel and turning basin., shall have an initial annual assessment of $900.00. The $900.00 assessment is payable $600.00 to the Lot Owner's Association and $300.00 to the Bcatowner's Association. All lots in Inlet Point Harbor, as it may be expanded from time to time which are not adjacent to the water but purchase a boatslip or dock in either of the two docking easements shall have an initial annual assessment of $1 ,000.00. The $1 ,000.00 assessment is payable $600.00 to the Lot Owner's Association. and $400.00 to tie Boatowner's Association. Until January 1 of the calendar year -following the conveyance of the first Lot by the Declarant to another Owner the maximum annual assessment shall be $900.00 for water front lots an- either $600.00 or $700.00 for lots not bordering on the boat canal or basin. (a) The maximum annual assessments established above may be increased, effective January 1 of each calendar year following the conveyance of the first lot by the Declarant to another Owner, without a vote of the membership, rrovided that the =ercentage of any such increase not exceed the percentace increase, if any, in the Consumer Price Index for Urban Wage warners and Clerical Wer.<ers, all cities, all items, published by the United Stases Department of Labor, over the 12-month period ended on the Octcber 31 immediatel% preceding that January 1 . If the annual assessment is not increased by the maximum amount per actual under the terms of this provision, the difference between any increase which is made and the maximum increase permitted for that year shall be computed and the assessment may be increased by that amount in a future year at the election of all members of the Board of Directors without a vote of the membership, in addition to the maximum increase permitted under the terms c-f the preceding sentence. Page s 1 5 G / 1 C � 7 Q (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, said maximum annual assessments G may be increased without limitation if such increase is approved by r- 3) of all of the votes. Members entitled to no less than two-thirds (2/ . ' Z Such voting may be represented in person or by proxy at a meeting duly dP called for this purpose. t� o ., a m (c) The Board of Directors may fix the annual assessments at amounts Q not in excess of of the maximum. Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Associations may levy, in ant applicable to that year only for any assessment year, a special assessme the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, including fixtures and personal property related thereto, and the common roadways serving the Development provided that any such assessment requires the same assent of the Members as provided in Section 4(b) of this Article. Section 6. Notice and Quorum for Any Action Authorized Under Sections 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 or 5 shall be sent to all Members not less than thirty (30) days nor more than sixty M days in of proxies the meeting. At such meeting the presence of Members or of proxies entitled to cast seventy-five percent (75%) of all the votes of each Class of membership shall constitute a quorum. If the required quorum is not present, subsequent meetings may be called, subject to the same notice requirement, until the required quorum is present. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to each Lot upon its conveyance to the first purchaser thereof. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment The due dates shall be established by the shall be sent to every Owner. Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have id. A properly executed certificate of the Association as to the been pa status id assessments on a Lot is binding upon the Association as of the date of its issuance. Assessments as to Lots owned by the Developer will commence when the number of Class B votes is less than the number of the Classlely fA votes. ot or However, if the Developer retains any personal use, assessments shall commence as to such Lots upon commencement of construction of a dwelling thereon, or upon the number of Class B votes becoming less than Class A votes, whichever occurs earlier. Section 8. Effect of Nonpayment of Assessments: Remedies of the Associations. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. In addition to such interest charge, the such late delinquent Owner shall also pay charge as may have been rd of Directors of the Association to theretofore established by the Boa defray the costs arising because of late payment. The Association may bring an action at law against the delinquent Owner or foreclose the lien against the Lot, and interest, late payment charge, costs and reasonable attorney s fees of such action or foreclosure shall be added to the amoufor nt No Owner may waive or othnot usingthe common escape liability of such assessment. Areas the the assessments provided for herein by boating facilities or boatslips, or abandoning his Lot. Page 9 C1 Section 9. Subordination of the Lien to Mortgages. The lien of the e assessments provided for herein shall Ze subordinate to the lien of any C m first mortgage or deed of trust cn a Lot or any mortgage or deed of trust r to the Declarant. Sale or transfer of any Lot shall not affect the to assessment lien,. However, the sale or transfer of any Lot pursuant to ap z mortgage foreclosure or any proceeding in lieu thereof, shall extinguish N G) the lien of such assessments as to payments which became due prior to such C 0 sale or transfer; prcvided, herever, that the Board of Directors may in Ln Z its sole discretion, determine s•-ch unpaia assessments to be an annual or a special assessment, as applicable, collectable pro rata from all owners z including the foreclosure sale purchaser. Such pro rata portions are C7 payable by all Owners notwithstanding the `_act that such pro rata portions may cause the annual assessment to be in excess of the maximum permitted under Section d. 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 prcvided for herein shall continue to be subordinate to the lien of an:: mortgage or deed of trust as above provided. ARTICLE VI DESIGN AND ARCHITECTCAL CONTROL Section 1 . Architectural Committee. For purposes of this Article VI, the Declarant shall function, as the Architectural Committee (the "Committee" ) so long as Declarant is a Class B Member of the Association. After the termination of the Declarant's Class B Membership, the Board of Directors of the Association, shall appoint the members of the Committee to carry out the functicns set forth in this article. Section 2. Definitions. For purposes of this article VI, the following terms shall have the following meanings unless the context clearly requires a different meaning: (a) "accessory building" means every detached garage, carport, tool shed, storage or utility building, we:'_house, guest quarters, detached servants' quarters or other similar building constructed on a Lot which is not a dwelling; (b) "buildings" means accessory buildings and dwellings; (c) "dwelling" means a wilding constructed for single-family residential use, including servant or guess quarters; and (d) "improvements" or "structures" mean buildings and all walls, fences, bulkheads, decks, patics, planters, terraces, mail receptacles, swimming pools, tennis courts or anything else constructed or placed on a Lot. Section 3. General Guidelines. (a) Reser:•ations: The Declarant reserves the right to change, alter, or redesignate: roads, pedestrian easements, utility and drainage facilities, plus such other present and proposed amenities or facilities as may, in the sole judgement of the Declarant be necessary or desirable. (b) Variances: The Committee shall be empowered to allow adjustments of the conditions and restrictions stated herein order to overcome practical difficulties and prevent unnecessary hardships r, the however, application of the regulations contained herein, provided, that such is done in conformity to the 'intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or 'injurious to other property or 3ipiP Paae 10 a improvements in the neighborhood. variances and adjustments of height, size, and setback requirements may be granted hereunder. m (c) Development Concept: It is the express intention of the r Declarant to maintain in this residential community a uniform plan of development that will blend with and not detract from the natural z •� environment with respect to design, type and general appearance of the OP� structures to be erected on the lots. Property owners are encouraged to Q m have their architects contact the Committee prior to any costly design Or Z work for conceptional guidelines pertaining to the residential community. -Z (d) Approval of Plans: The proposed Site and Grading Plans; Building n Plans and Specifications; Exterior Colors and Finishes; and Construction Schedule must be approved by the Committee. One (1 ) copy of all plans and related data shall be furnished to the Committee for its records. Until all of the above listed prerequisite plans are approved no improvements or structures shall be erected, placed, or altered on any residential lot. The material used, as well as the design, shall be subject to the prior written approval of the Committee. The Developer or Committee's Architectural Control shall be absolute and in its sole discretion; Developer may require modifications of plans based on solely aesthetic considerations, or any offsite considerations. Developer's approval is ent including, but not limited to location and required for any improvem , construction of individual slips, driveways, outbuildings and fences. The Site and Grading Plans should show the proposed location of each building, structure, driveway, parking area, other improvements, and proposed alterations to the physical characteristics of the site. The grade, elevation, or physical characteristics (including but not limited to slopes and tree growth) of any such lot shall not be altered in any way whatsoever without prior written approval of the Committee based upon a Site or Grading Plan. The Committee encourages the planting of flowering shrubs and trees; however, all tree removal or planting of trees, bushes, shrubs, grasses, or other vegetation whatsoever, shall be based upon a Site Plan, Landscaping Plan, or Planting Plan which has been submitted to and received written approval from the Committee. Upon the written request of a lot owner for approval of plans, the Committee shall have ten days within which to approve or disapprove plans. In the event of failure to approve or disapprove within 10 days, such approval will not be required provided the design of proposed building is in harmony with the existing structures in this area. If the Committee approves the construction of such improvements, it shall issue a certificate evidencing such approval. Refusal or approval of any such plans or specifications may be based by the Committee upon grounds, including purely aesthetic and environmental considerations, that in the sole and absolute discretion of the Committee shall seem sufficient. 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 appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Committee. Upon completion of approved construction, the Committee shall inspect the construction to insure that the approved Plans and samples were complied with by the Owner. No structure may be occupied or used until the issuance by the Committee of a certificate of compliance. The certificate of compliance shall be issued by the Committee without fee; provided, however, that in the event that the committee's first inspection { I of the construction reveals deviations or deficiencies from the approved ({�.; , Plans and samples, the Committee may charge a fee of $50.00 for every mpliance with the subsequent inspection which is necessary to insure co 15O / I i0 a Page 1 '. approved Plans and samples. Any such fee rust be paid before the issuance — - m of the compliance certificate. r- ' If the finished building or other structure does not comply with the submitted plans and specificatlons, the Committee retains the right to GIB make the necessary changes at owner' s expense, and the further right to N 4 < file under the North Carolina lien laws notice of liens for any costs 0 m incurred. `� Z (e) Subdividing: No lot shall be subdivided, or its boundary lines n changed except with t`e prior written consent of the Committee. However, the Committee hereby expressly reserves to itself, its successors or assigns, the right to replat any two (2) or more lots shown on the plat of any subdivision in order to create a mod'-_`led building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include but not limited to the relocation of easements, walkways, and rights-of-way to conform to the new boundaries of the said rerlatted ! ts. (f) Developer will promulgate a specific set of guidelines as to structural materials, roofing materials, maximum elevations and other improvements aspects tc serve as a guideline planning improvements on lots in Inlet Point Harbor. Developer retains the right to amend the guidelines at its sole discretion from time to time, without approval from Lot Owners or Beatowner's Association. Section 4. Site Imcrovements: (a) Building Setba_'< Guidelines and 3equirements: The front building setback line shall be a minimum.: of fort_:' (40) feet from the front of each lot (i.e. , the boundary lire which runs with the margin of the right-of-way of the read on which the Lot fronts) . The side building setback line shall be a minim-.:m of ten (10) feet from each side of each lot. The rear building setback lie shall be the greater of forty (40) feet from the rear of each lot cr water °ront easement area. In the event of anv conflict between these Guideline requirements and any other later imposed by any governmental authority, Declarant's guideline shall govern. However, Lots 34, 35 and 36 shall have required rear set back of thirty (30) feet, not forty ( 40) feet. Since the establis-ment of standard 'inflexible building setback lines for location of houses on lots =ends to force construction of houses both directly behind and directly t the side of other homes with detrimental effects on privacy, —ew of the water, preservation of land contour, important trees, and other vegetation, ecological and related considerations, variances for these specific setback guidelines may be granted by Declarant or the Committee. :n order to assure, however, that the foregoing considerations are given maximum effect, the Committee reserves the right to control and approve absolutely the site and location of any house or dwellinc or other structure_ upon any lot. (b) Use of Fill and Changes in Elevation: No changes in the elevations of the land shall be made on any lot, nor any fill placed within the common easement areas or wit^in the regulatory setback lines; nor shall any lot be increased in size by filling in the waters on which it abuts without price written approval of the Committee plus state and federal agencies. (c) Adec"ate Drainage Requirements: It shall be the obligation of the Lot Owner to prc,.ide adequate drainage of his or her lot to the end that the property or properties adjacent to said lot shall not be subjected to other than the natural f'_cw of drainage presently existing. It shall also be the obligation of the lot owners to provide, install and maintain adequate culvert or drainage pipe beneath his or her driveway as it crosses the street right-c'-way in order that the natural flow of drainage will not at any time be blocked along the street right-of-way. The size of such drainage pipe shall determined by the Committee, or the appropriate municipal regulatory authorities. I, Page 12 50 0 1 All improvements constructed must have gutters to collect rain runoff off roofs and flat areas. All runoff and drainage must be directed to flow towards the streets, and shall not be allowed to flow towards the Q canal, channel or turning basin. There shall be no drainage or runoff from heat pumps, pools, showers or other improvements or facilities located on any lot which shall be allowed to run into or towards the C (� ' channel, canal or turning basin. F— (d) Off Street Parking: Each Lot Owner shall provide space on his Z rn lot for off street guest parking for not less than two (2) passenger automobiles prior to the occupancy of any single family dwelling constructed on said lot. Said parking areas and driveways thereto shall > � m►1 be in accordance with reasonable standards and shall be constructed of l+ v concrete, asphalt, crushed stone, crushed shells, or any other material approved by the Committee in writing as provided for in Section 3.d. hereinabove. (e) Underground Utility Requirements: All electric transmission or service lines within the perimeter bounds of any lot, common area or easement shall be installed beneath the surface of the ground. (f) Use of Individual Water Supply Systems: No individual water supply system shall be permitted except a non-potable lawn irrigation system or a water to air heat system. A shallow well may be permitted for such water supply without prior written approval by the Committee. The pump, pressure tank, and pump house, if any, shall be considered structures. Declarant reserves the right to enter a contract with a community water system for delivery of potable water to all the lots of Inlet Point Harbor, and to grant such rights of way or easements to the water system operator as are deemed necessary or desireable by either the Declarant or the said system operator. (g) Driveway and Mailbox Locations: The Declarant or Committee has the right to decide in its sole and absolute discretion the precise site and location of any driveway and mailbox location placed upon any right-of-way; provided, however, that the owner shall be given the opportunity to recommend a specific site for such improvements. (h) Alteration of Land Common Area: There shall be no changes, including but not limited to planting or cutting of trees, bushes or shrubs in the wooded common area, the park common area and the common areas located within the roadway except with express written permission of the Declarant, or in the Declarant's absence, the Committee. There shall be no changes made to any lake or pond without the express permission of the Declarant. Any lot bordering on a lake or pond shall submit any improvement or alteration to be done within 40 feet from the edge of the said lake or pond to the developer for approval and/or alteration, which may be granted or denied in the Declarant's sole discretion. These requirements are to promote a uniform attractive nature of the common area, lakes and ponds for the benefit of all the Lot Owners. (i) A maximum of 30% of any lot may be covered by non-permeable material. Non-permeable material includes any material through which rain does not pass unrestricted. Section 5. Structural Improvements: (a) Residential Use: No structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any residential lot other than a detached single family dwelling. No building or other structure, or part thereof, at any time situated on such residential lots shall be used as a professional office, charitable or religious institution, business or manufacturing purpose, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment unit thereon. I 150 / 1J02 Page 13 (b) Building Materials: All structures constructed or placed on any lot shall be built of substantially new materials. Any structure erected n on the lots shall be of wood, stone, brick veneer, tiles, or concrete and .ry - stucco. Any accessory buildings or structures shall be constructed of the same material as the main dwelling, or from other suitable material C ni specifically approved in writing by the Committee. r n' to (c) Square Footage of Enclosed Dwelling Area: Every dwelling Z m ..� constructed on a Lot shall contain at least the minimum required square N footage of fully enclosed and heated floor area. The minimum required CD evel homes and O M ... square footage shall be 2000 square feet for all single l Z 2200 square feet for all two-level homes (the first level shall have a Z minimum of 1000 square feet) ; exclusive of patios, attached garages, 0 terraces, decks, roofed and unroofed porches and accessory buildings. (d) Enclosed Garage: All homes are permitted to have an enclosed two car parking garage serving the main house structure. No covered parking facility may be constructed other than an enclosed garage unless incorporated into t:e main dwelling structure. (e) Screening of Refuse Receptacles: Each lot owner shall provide receptacles for ashes, trash, rubbish, or garbage on his lot in a screened area not generally visible from the road, other lots, or from common easement areas; or provide underground receptacles (or similar facility) in accordance with reasonable standards established by the Committee. (f) Mailboxes and Newspaper Receptacles: No mail box, paper box, or other receptacle of any purpose shall be erected or located in the road right of way or on any building lot unless and until the size, location, design and type of material, for said box or receptacle shall have been approved by the Committee in accordance with Section 3.d. herein. (g) Fuel Tanks and Similar Storage Receptacles: No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within an accessory building with a screened area (so as not to be generally visible from the road, adjoining lots, or common areas) or buried underground; provided, however, that nothing contained herein shall prevent the Committee from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. (h) Clothesline or Drying Yards: Clothesline or drying yards are not permitted. W Fences and Walls: No fence, bulkhead, or wall of any purpose shall be erected or located on any building lot, easement, or common area unless and until the plans and specifications showing the nature, shape, height, materials, and location for said fence or wall shall have been approved by the Cor..mittee in accordance with Section 3.d. herein. section 6. Pier and Boat Dock Design and Location. (a) The design and location of all ramps, piers, docks and pilings for pedestrian and boat docking use shall be at the absolute control of the Declarant. Declarant' s control over design and location governs not only those facil_ties located in the Docking Easements No. 1 and 2 but also in the Mooring Easements North, South and West. Developer's location and control is in the Developer's sole discretion and may regulate both distance from the bulkhead and lateral position along lot lines. The design of all bcatslips shall be supplied by the Developer. Developer the light to have any Lot Owner who constructs an individual shall have slip of design or in a location not approved by Developer modified or moved to comply with the Developer's requirements. Developer has the right to have tie offending `dock or slip moved or modified, the cost of which assessment to the owner of the lot to shall be assessed as a special which the offending slip is adjacent. i 150 � IsOJ Page 14 (b) Owners of individual slips adjacent to their water front lot shall have the right to run utilities to the said dock. Any utilities to C1 be run to the dock shall be done so in a manner approved by the Developer C7 at his sole discretion. Any power or water supply to the dock shall be done solely at the cost of the owner of the individual lot. Boatowner's C. m Association will be not be responsible for the cost of any utilities supplied to any individual boatslip. m ARTICLE VII ) USE RESTRICTIONS AND REQUIREMENTS O 0 M v! ,Z Section 1 . Maintenance Standards. n '. (a) Preservation of Well-Kept Buildings and Grounds: Each lot owner shall prevent any unclean, unsightly or unkept conditions of any buildings or grounds on his lot which would tend to substantially decrease the beauty of any of the property or diminish or destroy the enjoyment of other lots by the owners thereof. This restriction includes, but is not limited to, a prohibition against storage on any lot of anything unclean, unsightly or unkept. (b) Pre-Construction Maintenance of Lots: Prior to commencement of the erection of any residence on each lot, the owner of such lot, shall from time to time cut, or cause to be cut, and keep cut or cause to be kept cut, all weeds and brush on such lot and shall remove any resulting debris, to comply with Section 1 .a. hereof. Should such owner fail to do so the Committee may do so, and the reasonable expenses thereof shall be paid by such owner to the Committee within thirty (30) days thereafter. In the event of a failure of such owner to pay the Committee as above provided, the Committee shall have the right to file a notice of lien in the office of the Clerk of the Superior Court of New Hanover County, North Carolina, and from and after the filing of such notice of lien, the Committee shall have a lien on such lot for the payment of such sum, with interest at the rate of 12% per annum, all in like manner as if the Committee had performed such work at the instance and request of such owner. Any such lien, however, shall be subordinate and inferior to any mortgage then or thereafter encumbering such lot. (c) Reconstruction. Any building on any lot which is destroyed in whole or in part by the fire, windstorm, flood or other Act of God must with reasonable promptness be rebuilt or all debris from such destruction removed and the lot restored to the condition it was in prior to commencement of construction of such building. Any such reconstruction must be commenced within six (6) months from the date of such destruction. All debris must be removed and the lot restored to its prior condition within three (3) months of such destruction. (d) Mobile Homes and Temporary Structures: No mobile home or other structure of a temporary character shall be placed or stored upon any lot, easement or common area at any time, provided, however, that this prohibition shall not apply to shelters on the building lot used by the contractor during the construction of the main dwelling house when permission for the same has been granted by the Committee. It being clearly understood that these latter temporary shelters may not, at any time be used as residences or permitted to remain on the lot after completion of construction. (e) Vegetable Gardens: Vegetable gardens may be maintained by owners of lots in the subdivision provided said gardens are located to the rear of the dwelling and located on the lot within a screened area so as not to be generally visible from adjoining lots, easements or common areas. (f) Exterior Antennae and Aerials: Exterior radio and television aerials and satellite dishes for reception of commercial broadcasts shall not be permitted in the Subdivision; and no other aerials or satellite i .. page '15 � Uf 1 J04 dishes (for example, without limitation, amateur short wave or ship to shore) shall be permitted in the Subdivision without prior permission of the Committee, or assigns, as to design, appearance and location. (g) Signs; . 0 permanent sign of any &aracter shall be displayed upon any part of the property except a sign bearing the name of the owner and/or the street address without permission of the Committee. Said signs shall not exceed the dimensions of 5 inches by 2? inches. c All temporary signs such as builders signs, realty signs, etc. , shall r. r'. be approved by the Committee. These signs shc•.:ld be placed in the center of the lot, outside the street right of way. Under no circumstances may signs be nailed to trees. om All signs must be clean, neat, and maintained in good repair. can z O (h) Leasing. No building on any lc= may be leased except in accordance with rules and regulations promulgate; by the Association. (i) Internal -wnershic. No Owner may lease, deed, sell, convey, or otherwise transfer .`.is lot under an:: time-sharing or interval ownership arrangement. (j ) Hazardous activities. Nothing shall be done or kept on any lot or in the Common Area which shall increase the rate of insurance on the Common Area or an_: 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 2. Rules and Regulations. The Developer, or the `,ot Owner's or Boazowner's Association, shall have the right to promulgate rules and regulations concerning any and all aspects of the use of the roads, easements and common area of Inlet Point Harbor. The rules and regulations set out herein are not exclusive, and additional rules and regulations may be promulgated by the Developer from time to time. Violations of the rules and reculations may be enforced by assessment of penalties whic`, shall become additional assessments assessed on the Lot Cwner, or Slip Owner violating the r�:es and regulations. (a) 'there shall be no parking of vehicles in the cul-de-sac at the eastern end of Gazebo Drive except for loading and unloading. Vehicles and trailers left •.:nattended in the common area or cul-de-sac at the eastern end of Gazebo Drive may be towed a:. the owner's expense, which expense shall become an additional assessment assessed to the Lot Owner or Slip Owner. (b) The channel, canal, access easement a-d turning basin shall be in ,..• an Absolute No Wake gone. Violators can be fined, which fine shall become an additional assessment added to the regular assessments assessed against the offending Lot Owner or Slip Owner. (c) Use of the common areas and easeme-=s shall be limited to that for which is desic_ned or intended by the Developer. All users shall maintain the common area neat and clean and no_ permit or cause any damage or destruction thereto. Offender may be fined, which fines are added as an additional assessment to the Lot Owner or the Slip Owner. ARTICLE :'III COMMON AREAS AND COMMON EASEMENTS Section 1 . Easements Reserved by Declarant. Declarant reserves easements for the installation and maintenance of driveways, walkways, parking areas, water lines, telephone and electric power lines, cable • ?age •16 50 1 I J0 :; television lines, sanitary sewer and storm drainage facilities, pumping and lift stations, drainage ditches and for other utility installations over the Properties of Inlet Point Harbor, as it may be expanded from time =o time. Each Owner, by his acceptance of a deed to a lot, and the 0 association by its acceptance of a deed to the Common Areas, acknowledges such reservation and the right of Declarant to transfer such easements to ` m the Association or to such utility companies as Declarant may choose. The G easements reserved by the Declarant include the right to cut any trees, r 0 bushes s shrubbery, make any gradings of the soil, or take any similar ba m action reasonably necessary to provide economical utility installation and . :o maintain the overall appearance of the Development. m O d The easements reserved by the Declarant are shown on the Maps. C=; Z v Declarant further reserves the right to locate wells, pumping stations, :ift stations and tanks within any Common Areas or any residential lot designated for such use on any Map or upon any lot adjacent to such designated lot with the permission of the Owner of such adjacent lot. Within any such easement, no structure, planting or other material shall be placed or permitted to remain which may interfere with the 'nstallation of sewerage disposal facilities and utilities, or which may change the direction of flow or drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels :n the easements. In addition, the Declarant and the Association shall have the continuing right and easement to maintain all sewer, water and utility lines located on all lots, access easements, utility and =edestrian easements, as necessary. Section 2. Non-Dedication To Public Use: Nothing in these recording of any plat or deed pursuant hereto, Restrictions, nor in the shall dedicate (or be deemed to dedicate) to public use any of the streets, bridges, common area or other property within the subdivision. Section 3. Use of Common Area: The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Associations. The Associations shall, in their sole discretion, retain the right to establish rules and regulations for the use and enjoyment of all such property. Section 4. Access Easement: The purpose of access easements is to provide members of the Lot Owner's Association and their escorted guests pedestrian access to the common areas of the subdivision. This privilege is extended by the contiguous lot owners with the understanding that the access easements will be maintained in good repair as a responsibility of the Lot Owner's Association. Common courtesy dictates that use of the access easement and common areas occur in as unobtrusive manner as feasible with full respect for the privacy and property rights of the lot owners involved. Any members of the Lot Owner's Association found to be responsible for abuse of the access easement privilege may have this privilege rescinded for an appropriate period of time by the governing Board of Directors of the Lot owner's Association. Section 5, Access Easement Adjacent to Lots 37 through 39. Developer does hereby reserve the right to use the 30 foot access utility and easement drainage which runs from Gazebo Drive along the eastern end of Lots 37, 38 and 39 as part of a 50 or 60 foot access easement or road which may serve as an access easement or road for Lot Owners in the expanded Inlet Harbor Subdivision if expanded into the property shown as now or formerly Homer Barrett" on the Maps. Developer's right to expand the use of the said access easement is at the Declarant's sole discretion, without approval of any other party whatsoever. Said dedication or expansion shall be by recording of a map in New Hanover County Registry setting out the dimensions and location of the expanded easement or roadway. 1 • jl)�It _ . � Uo Page 17 Section 6. Mooring Easements. The Mcering Easement indicated on the maps as Mooring Easement North, Moorinc Easement South and Mooring Easement West shall be easements for :-? construction of individual docking facilities serving the lct adjacer._ to the easement. All docking facilities built within the Mocring Easement shall be built only after �� design and arc.`._tectural approval as provided for in Article VI of the Declaration. :n no evert shall any part of any dock or mooring facility extend teyond the boundary of the -ooring facility as set out on the Maps. ap Z ) Section 7. Dockinct Easements. Developer has constructed, or reserves onstruct multiple slips and docking facilities in Docking the right to c Easement No. 1 and 2 as shown on the Maps. Developer's right to construct these Socking facilities is solely at the Developer's discretion. Developer is r,ct obligated to ccnstruct an: such facilities. The Docking n Easements shall be limited common area whose use is limited solely to those Slip Owners owning slips contained in the Docking Easement area. Only Slip owners owning slips in Docking Easement No. have the right to use the facilities located in Dccking Easement No. 1 , and only those Slip Owners owning slips in Dockinc Easement No. 2 have the right to use rocking Easement No. 2. No Slip Owner shall make any facilities in modification o°+lthe faciliprovidedefor^in 1Article VI ther of e o Dot g without hisDeclaration Developer appr AR-ICLE IX CONSTRUC:'ION GUIEELINES Section 1 . Period of Construction: The exterior of all houses and competed wi other structures must be thin twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in cleat hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. ction all Sec-ion 2. Conduct of Construction Vehicles: Dulies ring cmust r1enter the vehicles invoked including these as to by the Committee so as not building lot cn the driveway only to damage unnecessarily trees, street paving and curbs. Section 3. Removal of Construction Debris: During construction the builder must keep the homes, Garages, and building sites clean. All building debris, stumps, trees, etc. , must be removed from each building nd lot lot by builder as o`_ not keep the house ten as ne be dumpedinanyarea aon the attractive. Such debris will not subdivision. Section 4. Storage ial of Construction Xaterianes inoaccordance wnstruction ithrthe storage must be setback from the lot property same restricticns as stated fe: Building Setback Guidelines (Article VI, Section 4) . ARTICLE j _NSURANCE Each Owner shall 5e-umorere ncnsurancemaintain colicies insuring and owner's Lot and such Owner's expense, one c against ll re the improvements from hazaresfor handurickspnormally covered hbyPafstandard loss or dama_ „ olic including fire and lightning, "Extended Coverage insurance p Y� vandalism and malicious mischief. Each Owner, at Owner' s expense, shall secure and maintain in full force and effect comprehensive personal ,�,ner1stLotns any nother ce rLotmaor ge to person or property of others occurring on dOn� .a^E 150 / 1307 7age 18 upon the Common Area, in an amount not less than the amount designated by the Association. Owner shall provide the Association with satisfactory evidence that such insurance as herein required is in full force and effect and the Association will be given thirty (30) day's notice prior to the expiration or cancellation of any Owner's insurance coverage. In the event Owner fails or refuses to maintain such insurance coverage as herein required, the Association may, but shall not be obligated to, through its agent or representative, secure and maintain such insurance coverage for C7 Owner's benefit, and the costs or expense thereof shall be deemed a K special assessment levied by the Association against Owner and Owner's Lot e. in accordance with the other provisions of this Declaration and Owner m covenants, and Owner agrees to pay to the Association such special n assessment upon demand. Z m no This Insurance provision may be modified or amended to substitute one <• comprehensive insurance policy covering all Lots provided the approval of o O m a majority of the Owners is obtained and approval by 75% of the owners and :_n Z holders of first deeds of trust on the Lots is obtained. Such approvals Z shall be in writing but need not be acknowledged and shall be attached to n . an amendment to this Declaration which amendment shall be executed only the Association and recorded in the New Hanover County Public Registry. The Declarant, and Owner's Association shall have the right to obtain a comprehensive insurance policy covering liability as well as extended coverage, the premiums of which shall be paid from the Homeowner's Association. Separate insurance policies, if possible, shall be maintained for liability insurance on the Land Common Area and liability and other insurance on the water related common area, including but not limited to the bulkheads, piers and docks. ARTICLE XI RIGHTS OF MORTGAGEES Section 1 . A royal of Owners and Holders of First Deeds of Trust. Unless at least seventy-five percent (75%) of the owners and holders of first deeds of trust on Lots located within the Property then subject to the full application of this Declaration, have given their prior written approval, the Association shall not: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer any real estate or improvements thereon which are owned, directly or indirectly, by the Association (the granting of easements for utilities or other purposes shall not be deemed a transfer within the meaning of this clause) ; (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; (c) by act or omission change, waive or abandon any plan of regulation, or enforcement thereof pertaining to the architectural design or the exterior appearance of residences located on Lots, the maintenance of party walls or common fences and driveways, or the upkeep of lawns and plantings in the subdivision; (d) fail to maintain fire and extended coverage insurance on insurable improvements in the Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value; or (e) use the proceeds of any hazard insurance policy covering losses to any part of the Common Area for other than the repair, replacement or reconstruction of the damaged improvements. Section 2. Books and Records. Any owner and holder of a first deed of trust on any Lot will have the right to examine the books and records of the Association during any reasonable business hours. i ;ip!r : Page 19 1501 1 J 0 8 , Section 3. Payment of Taxes and Insurance Premiums. The owners and holders of first deeds of trust on Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge or lien against the Common Area and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon the Q lapse of a policy for property owned by the Association and the persons, T firms or corporations making such payments shall be owed immediate m reimbursement therefor from the Association. G r. ARTICLE XIIOP Z � CONDEMNATION rY1 C' Z. Section 1 . Partial Taking Without Direct Effect on Lots. If part of fr ; the properties shall be taken or condemned by any authority having the Z ^,' 1 power of eminent domain, such that no Lot is taken, all compensation and ri�T�4 damages for and on account of the taking of the Common Area, exclusive of '•ft};i;_�;,... !? compensation for consequential damages to certain affected Lots, shall be .�,r, her° paid to the Board of Directors of the Association in trust for all Owners b and their mortgagees according to the loss or damages to their respective ,��"9•:"'•:''; interests in such Common Area. The Association, acting through the Board of Directors, shall have the right to act on behalf of the Owners with t',•o :' .`•" respect to the negotiation and litigation of the issues with respect to i the taking and compensation affecting the Common Area, without limitation on the right of the Owners to represent their own interests. Such proceeds shall be used to restore the Common Area with the excess, if any, paid to the Owners whose Lots are specifically affected by the taking or condemnation from joining in the condemnation proceedings and petitioning on their own behalf for consequential damages relating to loss of value of the affected Lots, or personal improvements therein, exclusive of damages relating to Common Area. In the event that the condemnation award does ';;.:'•;i•: `• not allocate consequential damages to specific Owners, but by its terms includes an award for reduction in value of Lots without such allocation, the award shall be divided between affected Owners and the Board of Directors as their interest may appear by arbitration in accordance with the rules set in the Uniform Arbitration Act, Article 45A in Chapter 1 of the North Carolina General Statutes, as it may be amended from time to time. t.... Section 2. Partial or Total Taking Directly Affecting Lots. If part or all of the Properties shall be taken or condemned by any authority having the power of eminent domain, such that any Lot or a part thereof (including specific easements assigned to any Lot) is taken, the Association shall have the right to act on behalf of the Owners with respect to Common Area as provided in Section 1 of this Article and the proceeds shall be payable as outlined therein. The Owners directly affected by such taking shall represent and negotiate for themselves with respect to the damages affecting their respective Lots. All compensation and damages for and on account of the taking of any one or more of the Lots, or personal improvements therein, shall be paid to the Owners of the affected Lots and their mortgagees, as their interests may appear. j Section 3. Notice to Mortgagee. A notice of any eminent domain or condemnation proceeding shall be sent to holders of all first mortgages. ARTICLE XIII GENERAL PROVISIONS Section 1 . Entry: The Committee reserves for itself, its successors .� and assigns, and its agents the right to enter upon any residential lot, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other earthwork, which in the to maintain the opinion of the Committee detracts from or is necessary i ~ 1 Page. 20 Jr 0 3 Q 4 overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Committee and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this paragraph shall not be construed as an obligation on the part of the Committee to undertake any of the foregoing. Section 2. Enforcement. The Association, or any Owner, shall have �. the right to enforce, by any proceeding at law or in equity, all � •,.' restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by r C ". the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do Z'm`. dD ,.. so hereafter. O Section 3. Severability. Invalidation of any one of these covenants o .:.�. . - cr .: Z or restrictions by judgment or court order shall in no way affect any .•_.' . main in full force and effect. other provisions which shall re Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land until January 1 , 2010 after which they shall be automatically extended for successive periods of ten (10) years. This Declaration (except as set forth to the contrary in Article Iv, Section 3) may be amended by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots. Section 5. Additions to Covenants. The Declarant may include in any contract or deed hereafter made, any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth herein. Section 6. Release of Lots: The Declarant may at any time release any lot shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any or all additional restrictions and covenants imposed pursuant to the provisions of Section 5 above, provided the written consent thereto of the owner or owners of not less than two-thirds in number of the lots shown on said plat shall be obtained, and such release cannot be deemed to be an action negating the effective coverage of these restrictive covenants on the remaining lots. Section 7. Assignment or Development Rights: If the Declarant shall transfer or assign the development of such subdivision or if it shall be succeeded by another in the development of such subdivisions, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges or authorities given said Declarant by any part or paragraph hereof. The foregoing provisions of this paragraph shall be automatic, but the Declarant may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee or successor. In the event the Declarant contemplates or is in the process of dissolution, merger of consolidation, the Declarant may transfer and assign to such person, firm or corporation as it shall select any and all rights, powers, privileges and authorities given the Declarant by any part or paragraph hereof, or not the Declarant shall also transfer or assign the development whether such subdivision or be succeeded in the development of such of subdivision. In the event that at any time hereafter there shall be no person, firm, or corporation entitled to exercise the rights, powers, privileges and authorities given said Declarant under the provisions , privileges and authorities shall be vested in hereof, such rights, powers and exercised by the Committee to be elected or appointed by owners of a majority of the lots of said land. In such event, the Committee shall then have the same rights, powers, privileges and authorities as are given Notin herin shall be to the Declarant by any part or paragraph hereof rivilehesg andeauthorities constructed as conferring any rights, powers, p g in said Committee except in the event aforesaid. Page •21 1501 1J Section 8. Modifications: The Declarant specifically reserves the right to amend any part or all of the restrictions, covenants, and conditions herein set out by filing in the Office of the Register of Deeds }, of New Hanover County a declaration of amended restrictive covenants. Such amendments, :modifications, or additions to the restrictive covenants contained in this Declaration shall be made applicable to the coveyance of lots made subsequent to the recording of such declaration of amended restrictive covenants. Declarant further specifically reserves the right to amend a recorded plat of any lot or any group of lots in Inlet Point Harbor, as it may be expanded from time to time. Section 9. Remedies Against Violations: The covenants and C7 restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Declarant shall violate or attempt to t__ violate any of such restrictions or covenants, it shall be lawful for the C Declarant, or any person or persons owning any residential lot on said z m land: (A) to prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any OP such covenant or restriction, or (B) to maintain a proceeding in equity NI < against the person or persons so violating or attempting to violate any CZ) 0 O m such covenant or restrictions for the purpose of preventing such violation, provided however, that the remedies in this paragraph contained Z. shall be construed as cumulative of all other remedies now or hereafter C� provided by law. without limiting the foregoing provisions of this paragraph enforcement of these covenants and restrictions shall be made by the Inlet Point Harbor Owners' Association, of which every record owner of a fee or undivided fee interest in any lot shall be a member, or the Inlet Point Harbor Boatowner's Association, of which all Slip Owners and lots owned adjacent to the waters of Inlet Point Harbor shall be a member. Invalidation of any provision of the covenants and restrictions set forth herein by judgment or court order shall not affect or modify any of the covenants and restrictions which shall remain in full force and effect. Section 10. Lots Subject to Covenants: The Declarant hereby covenants and agrees that every contract of sale or deed made by the Declarant wherein is described any residential lot of said land shall include or be subject to, by reference or otherwise, each and every covenant and restrictions herein written, or the substance thereof, and, subject to the reservations herein, the Declarant shall conform with and abide by the foregoing covenants as to all of said Land. Lots 'A through 8 in Inlet Point, Section 1 are not covered by the terms of this . Declaration of Covenants and Conditions. These lots were developed by a previous developer and had been already sold to purchasers. In order to adequately maintain the boat channel it may become necessary to maintain the bulkhead or channel in front of the said lots even though the said lots do not contribute towards the repair replacement fund by payment of assessments. The owners of the said lots also have the right to use Inlet ?oint Road for ingress and egress from their lots to U.S. 421 even though they may not contribute toward the fund collected for the maintenance of the said road, via assessments. The Ceveloper retains the right to allow any of the Lots 1A through 8 in Inlet Point Section 1 to join the Boatowner's and Homeowners Association's upon the Lot Owners agreement to be subject to the provisions of this Declaration and the rules and regulations and By-Laws covering :nlet Point Harbor, including but not limited to the obligations to pay assessments as provided for herein. Lots 6 and 8 can be added to the Homeowner's Association without the imposition of any initial assessment; however, other lots may be assessed an initial assessment based on the then current condition of the bulkheads, if any, on the lot desiring to join the Lot Owner's and Boatowner's Association. 15 1 7 1. CP Art VIZ: Secticn E shall h.?!ve.an additional paragraph ad� a l l;zc•-1 area in he Mooring Easements adjacent to lots bordering on the :- sir. basin and Aannel shall be limited common area for the use only of :r:or of the adjacent lot. The use by the Lot Owner shall oe subject reasonable jrules and regulations of the Boat Owner's Association + ar ; rt:1• right of the Boat Owner's Association to enter upon the drainage 'in"] tit 11 ity easement and Mooring Easement as necessary to maintain the hu: The right of the Lot owner to the sole use of the area located ,w!.rri the Mooring Easement is further subject to the Declarant's right to (•ent.rol the construction of any slips and docks built by the Lot Owner in tic• ;-1: 1 easement." 1 G. Article Il Section 4 parag;�aph 1 is amended to read: "Declarant has .sold greater than 75% of the lots in all sections of In.:t Point harbor, as it may be expanded from time to time. However, if Uocl.rrant has sold greater than 75% of all lots prior to expansion of Inlet Point Harbor, and subsequent ti the said expansion Declarant once again ownb greater ( than 2Yk of the total lots, the Declarant shall once again be entitled to selection of a majority of the Board of Directors of Lhu Association. * acceptance of deeds to lots in Inlet Point Harbor, Ori;; section, the Lot Owners, as members of the Associations are deemed to con-lusively agree with these control provisions; or " 7. Article V Section 7 first paragraph shall be rewritten to read as fellows: "T;•e annual Lot Owner's assessments provided for herein shall commence ab to eac'i Lot asi of January 1 , 1991 . The annual assessments to the Boatowner's Association provided for herein shall commence as of the first day of the next month following 12 months after the sale of the fifteenth lot in Inlet Point Harbor. The first assessment shall be L:Jjusted according to the number of months remaining in the quarter in which the at-;sessments commence. The Board of Directors shall fix the amount of the annual assessments against each Lot as least 20 days in advance of each annual abuessment period. Dues shall be billed and collected on a quA rterly basis. Written notice of the annual assessment shall be sent Lo 11 ,:VVry Owner. The Associations shall, upon de;rand, and for a reasonable vharyc, furnish a Certificate signed by an Cfficer of the Association sk•tting forth whether the assessments on a specified Lot have been paid. A properly executed Certificate of the Assoc:ation as to the status of assessments on any given Let is binding upon the Association as of the date of its issuance." 8. Article IX Section 1 shall be rewritten !o read as follows: "Period of Construction: All h.uses and other structures must be rnmpleted within 12 months alter the construction of the same has been cimmenced, except where such completion is impc;ssible or would rerult in grv.at hardship to the Owner or Builder d.;i to strikes, tires, National Eit-ertlencies or other natural e..isd!3ters or Acts of Cod." Except as specifically chang-od herein the said Declaration of cove:nattts sttdII remain in full force and effect. It there are any ►nc.unsIstencies between this Amendment and the -:,riglnal Declaration, this Arr.•ndment shall control. IN WITNESS WULRE:OF, th ulidersiyned Declarants have hereunto set their h•r.;.ls and se.►1 , this the -; of Vov*mbor, 1 ✓� iAM �� �/tl l� SEAL) UfAtn ►t. uvn G. 9u fkin :� ( C tSEAL) -11�����lZ _ ��1�' 15 CAL I i' Greer 1 �" 1 5 17 0582 7 �r OF NORTH CAROLINA OF NEW IIANOVER C, a Notary Public of the County and State aforesaid, certify that Nillird S. Buffkirl and wife", Kathleen G. Buffkin personally appeared h•>f,-re re this day and acknowledged the execution of the foregoing inst.rumant.. witricss my ,,.hand., and official stamp or seal, this 14 day of November, 199,0': .- • 1AE'H �VDLI" Notary blic �w'�a����'•'� My Commission Expires: ` `J STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that David M. Grcar and wife, Tammy P. Greer personally appeared before- me_ this day and acknowledged the execution of the foregoing instrument. Witness my hand an•1 of i ici.:l stamp or seal, this ._LZ day of November, 1990. Notary Pu is yti��GL�G My Commission Expires: DA6,11k17, /` 9'k •••......•.'' "I,.....'>l•,>•> ----------------------------------- -------------------------------------- 4. The foregoing Certificate(s) of 3• S• SpC.+,.'Ne.e/ A ND4he�, �2u6/�G is/are certified to be correct. This instrument and this cortifIcdte are duly registered at the data and time and in the Book and Page shown on the first pago hereof. REBLC'CA P. TUCKER, REGISTER OF DEEDS FOR NEW HANOVER COUNTY BY: Goputy/Ass1.a✓•++rt-Register of Deeds —T I I 580 :7Y IS 2 1`7 '30 JIJKE!M1tE.%,r TO LEcLA_RATi(xx of HA':-' EF COVEN)LrTS. CGKU1rI(*ZS AND RESTRIC7106K IML-El' POI*fy* HARBOR DE-VE-LOPMEYr 'Co CP I,-, Arnendmc-nt is made this day of November, 1990 by WILLA.RD S. I': a r.,1 wife, KATHLEEN G. BUFFKIN and DAVID M. GREER and wife. TA14KY referred to herein, and in this Declaration recorded in Book IS07 i,.: 12riu in the New Hanover County Registry as "Declarant". ;.:;FPF:AS1 by that Declaration of Covenants, Conditions and Restrictions �t Point Harbor Development recorded in the New Hanover County P.-: I i, , ry on August 16, 1990 in Gook 1507 at Page 1290 certain covenants „I:" Cr.,]1 t Loris were declared and made applicable to the property, lots, rn i,ls_ streets and common areas described in map recorded in map Book 31 134 through 139, known as Inlet Point Harbor Subdivision; and WHEP FAA, the Declarant desires to make certain minor modifications ,',,I r..Ct 10FIS and clarifications to some of the terms contained in the said iuli and so makes this Amendment; and ,%()Vl THEREFORE, the undersigned Declarants do hereby modify and amend the Doc larat ion by making the following changes: i , Article II Section 3, first paragraph, second sentence is d e 1 a t A ft to 2'erflove the Developer's retention of right to build a pier, walk-4dy facility and marshes lying east of Lot 36. The Developer does further I ic r eh y release and negate the pedestrian easement as shown on the plat of the said 1,ot 36. TI-e property previously r9tained as a pedestrian e3seriont does and he by i, made to become a part of the Lot 36 to be used at the sole discretior i'o Purchaser of the said Lot 36. 2. Article V Se,:-t A - 1 paragraph 2 shall be rewritten to road as follows: "Al I dues shall be .,ssessed, billed and collected on a quarterly hasis. Each Lot Owner is r-:spon:;ible for providing to both Associations 31 Lh,!i e c,;z vent mailing address for receipt of bills from the Association for dues. All dues shall be paid notwithstanding the fact that tha owner is riot using the lot or facilities of Inlet Point Harbor. The initial payment of assessments to the Homeowner's Association shall commence January 1 , 1991 . The initial payment of assessments to the Boatownur's Association will commence the lot day of the month immediately following -.1,0 year after the sale of the fifteenth lot in Inlet Point Harbor. The Initial Doatowner's Association dues will be prorated for the quarter during which they commence." 3. Ixticle V Section 4 second paragraph will be amended to read: A I I lots in Inlet Point Harbor which are adjacent to or border on the water, including but not limited to those bordering on the Mooring Easements, Docking Easements, channel and turning basin shall have an initial annual assessment of $900.00. The $900.00 assess-n-,%it is payable $600.00 to the Lot Owner's Association and $300.00 to the 9o4towner's Associdtion. The $300.00 assessment to the Boatowner's Association is to thv used for the maintenance, repair and repl,.4coment of the bulkhead channel and turning basin, and not for the maintenance of keeper ropAir of tho indiviti%ial slips in the Docking Easements." 4. Article I%1 Se,7t i,in 5 paragraph 3 will tmii a"ndod to read an "A I I lots in Inlet Point Harbor, as it say be expanded from timm to t I r1e, which are not adjacent to the water but pirchAse a boatalip or Jock III the exthrt of tho tw%3 Docking Easwwwnts shall have an Initiat annu&" of $1 .000.00. Thd $1 .000.U., &&3*sss*wnt is payable 1600.00 to I-)t own-r's Association and 1400.00 to tho Bo,&townar's Asr.tx:tat ion. 1,1.0 $400.00 assez-aftent shall be split with 1100.00 1�lriol twat J6 of the pier* AnJ slips la tho W k,n*l rA&*~nts and 1M.00 ng to t t,,* Ie*V1'YW tut ar. . t- ... :.t the bulkr%*,a.J cr%&"Jwl -��� _ - ._'.Itiai .+,.�,p y�,,.w::n _ �� .. _I - �� � ` -- .�••!1t-•• _ .;. _ N'! D v� 7 ' II >1 - . � -.. ,� "'7r'1 Sr:_.r.r :M f �•la vtl•rn!_l G - 1_',:!„' /r v- _= � - _ _. 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