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HomeMy WebLinkAbout141-03 ELCO Properties r Permit Class Permit Number NEW 141-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources . Dand UD Coastal Resources Co s' i. OCT 21 2003 JL.10FOOMAL1 for ARM X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to ELCO Properties, PO Box 931,Davidson, NC 28306 Authorizing development in Brunswick County at adi.AfWW, 1777& 1779 Gore Landing Rd.,Bent Tree Plantation S/D.Ocean Isle Beach , as requested in the permittee's application dated 6/21/03. including the attached workplan drawings (2), 1 dated received 8/7/03 and 1 dated revised 8/11/03. This permit, issued on October 8,2003 , 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. Community Docking Facility 1) This permit authorizes the community docking facility and other structures located in or over the water that are expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. No other structure, whether floating or stationary, may become a permanent part of this community docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. 3) No portion of the permitted docking structure will be located within 80 feet of the near bottom edge of the federally maintained channel of the Atlantic Intracoastal Waterway (AIWW). (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 must be accessible on-site to Department personnel when the project is inspected for compliance. (/l Any maintenance work or project modification not covered nna D. Moffitt, Director Division of Coastal Mana ement hereunder requires further Division approval. g All work must cease when the permit expires on This permit qndits conditions are hereby accepted. December 31,2006 In sluing this permit, the State of North Carolina agrees that y r project is consistent with the North Carolina Coastal Management Program. CPO Signature of Permittee ":LI, ELCO Properties Permit#141-03 Page 2 of 4 ADDITIONAL CONDITIONS 4) In accordance with commitments made by the permittee, all boat lifts will be uncovered. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the community docking facility. Any sewage discharge at the community docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 8) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 10) The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. 11) The community docking facility shall be designed to accommodate no more that ten vessels either permanently or temporarily. At no time shall more than ten vessels be moored, docked or located in boat lifts at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the docking facility be classified as a marina, and will therefore require a review under the N.C. Environmental Policy Act (NCEPA). Upland Development 12) This permit authorizes only the construction of the eight-unit condominium, the associated entrance drive and parking, and landscaping activities that are expressly and specifically set forth in the permit application and depicted on the attached workplan drawings. 13) No land disturbing activities are authorized within 30 feet of the normal high water level except that which is necessary to construct the 6 ft. wide access structure to the community docking facility. 14) Installation of the waste disposal system shall be done in accordance with the Improvement Permit issued by the Brunswick county Health Department on 7/18/03. ELCO Properties Permit#141-03 Page 3 of 4 ADDITIONAL CONDITIONS 15) Any building constructed shall comply with the North Carolina Building Code and any applicable local flood damage prevention ordinances. Sedimentation and Erosion Control 16) The N.C. Division of Land Resources (DLR) approved an Erosion and Sedimentation Control Plan (DLR Project No. BR-03280) for this project on 7/8/03. Any violation of the plan approved by the DLR will be considered a violation of this CAMA permit. 17) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 18) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Stormwater Management 19) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under modified Stormwater Permit No. SW8030619, which was issued on 8/4/03. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 20) No vegetated wetlands may be excavated or filled, even temporarily. 21) Dredging in any manner, including "kicking" with boat propellers, is not authorized. 22) The construction and/or operation of the authorized community docking facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the community docking facility will require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 23) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. 24) 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 unreasonable obstruction to free navigation of the navigable waters, the permittee will 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. ELCO Properties Permit#141-03 Page 4 of 4 ADDITIONAL CONDITIONS 25) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work, will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with this direction, the Secretary or his representative may restore the waterway, by contract or otherwise, and recover the cost from the permittee. 26) If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the U.S. Army Corps of Engineers Wilmington District office and the Division of Coastal Management who will initiate the required State/Federal coordination. 27) This permit does not grant any property rights or exclusive privileges. 28) The Federal and State Governments do not assume any liability for: A. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or natural causes. B. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on the publics behalf. C. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. D. Design and construction deficiencies associated with the permitted work. E. Damage claims associated with any future modification, suspension, or revocation of this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 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 assigned the proposed project DWQ Project No. 031138. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 200301340) which was issued on 10/1/03. AMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 9, 2003 ELCO Properties P.O. Box 931 Davidson,NC 28306 Dear Sir or Madam: 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. The original (buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and 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. 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 would be 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, V � Douglas V. Huggett Major Permits and Consistency MaVAger Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: ELCO Properties/Gore's Landing 2. LOCATION OF PROJECT SITE: At the end of Gore's Landing Road, adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County Photo Index -2000 2-22: P, Q - 15, 16 1995:2-22: P, Q - 7, 8 State Plane Coordinates - X: 2234148 Y: 66279 Rover file # - S082719A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/27/03 Was Applicant Present - Yes (Agent) 5. PROCESSING PROCEDURE: Application Received - cc: 7/14/03 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP -Transitional Area (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Boat facilities - Yes Residential - No (D) Intended Use: Community/Private (E) Wastewater Treatment: Existing - None Planned - Septic System (F) Type of Structures: Existing - None Planned - Six Condo Units and Community Pier (10 Boat Slips) (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 840 sgft. Coastal wetlands shaded (B) Non-Vegetated Wetlands 3,804 sgft. Open waters incorporated (C) Other - Hi h round disturbance 69,696 s ft. (D) Total Area Disturbed: 73,340 square feet (1.7 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Open 8. PROJECT SUMMARY: The applicant is proposing to build an eight-unit condominium complex and associated 10 slip, community pier. Gore's Landing/ELCO Properties P.q ge I 9. PROJECT DESCRIPTION The proposed project is located at the end of Gore's Landing Road (1777 & 1779), in Bent Tree Plantation subdivision, adjacent to the Atlantic Intracoastal Waterway (AIWW), on the mainland side of Ocean Isle Beach, in Brunswick County. Bent Tree Plantation is located on NC Highway 179, approximately 3 miles east of the Ocean Isle Beach bridge. The 2.76 acre tract abuts the end of Gore's Landing Rd. with a long, narrow strip of land, approximately 600 feet long and 60 feet wide. Adjacent to the water (south side) the highground property widens to an area, approximately 300 wide and 200 feet in depth from the edge of the marsh. The property is cleared, grassed and mowed regularly. There is an earthen berm, 10 -12 feet high, along the south side of the property which separates the highground and the tidal salt marsh. From the waterward toe of the berm, the border of coastal wetlands is approximately 150 feet wide. High coastal marsh vegetation, including, Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium, spp.), Saltwort (Salicornia vir inica), Spike Grass (Distichlis spicata) and Salt Meadow Grass (Spartina patens) transition to a band of Smooth Cordgrass (Spartina alterniflora) along the outer half of the marsh border. The width of the open water area of the AIWW is 450 feet at the project site. In the project area, the waters of the Atlantic Intracoastal Waterway are classified SA, by the NC Division of Water Quality. This area is not a designated Primary Nursery Area (PNA) as determined by the NC Division of Marine Fisheries. The adjacent waters are OPEN for the harvest of shellfish. The applicant is proposing to construct eight (8) condominium units and associated parking, access drive, utilities, landscaping, and community pier. The proposed condominiums would consist of two (2) buildings, each containing four residential units. The access drive and parking areas would be paved. A subsurface waste disposal system would be installed for sewage disposal and potable water would be provided by the Brunswick County Water System. The Brunswick County Health Department has issued an Improvement Permit for the onsite septic system and the NC Division Of Land Quality has issued a Sedimentation and Erosion Control Permit for the project, copies are enclosed with the application. A State Stormwater Permit has also been issued for the project (SW8 030619) by the NC Division of Water Quality. In addition to the residential construction, the applicant proposes to construct a 10-slip community pier and docking facility. The pier would be 235 feet long and 6 feet wide, and extend from the approximate center of the property. The pier would terminate with a small deck/platform (12' X 12') and T-head (122' X 6') parallel to the waterway. To create the ten (10) boat slips, four (4) fixed finger piers (24' X 3.5') would be constructed, approximately 24 feet on center on either end of the T-head and a floating finger pier (16' X 8') would be installed in the center. An uncovered boat lift (24' X 12') is proposed for eight (8) of the ten (10) slips. The two (2) center slips, adjacent to the floating dock would be used by the residents to load and off-load boats and occasionally for temporary guest dockage. Existing low tide water depths in the area of the proposed boat slips range from -2 to -4.8 feet at low tide. 10. ANTICIPATED IMPACTS The proposed residential development would disturb approximately 69,696 square feet of high ground (1.6 acre). Condominium construction and associated parking would result in 34,937 square feet of impervious surfaces on the tract. The proposed docks and boat lifts would incorporate 3,804 square feet of estuarine waters and public trust area. The portion of the pier constructed over the marsh would shade approximately 840 square feet of coastal wetlands, however, no long term impacts should result provided the pier is sufficiently elevated above the substrate. Temporary turbidity and impacts to the coastal marsh and the shallow bottom would result from the driving or jetting of pilings during pier construction. Submitted by: E. F. Brooks Date: 9/5/03 Office: Wilmington RECOMMENDATIONS FOR STATE PERMIT- Gore's Landing/ELCOProperties The project has already completed DWQ (Stormwater) and DLQ permitting. The proposed pier has been designed to meet the Corps setback of 80' from the Intracoastal Waterway channel. The structure meets the required 15' setback off of the adjacent riparian corridor lines on each side and is within their allowable square footage. I have no objections to the project and recommend that the following conditions be included in any issued permit: -1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the marina without permit modification. No non-water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. -2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. r 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. w 8. The pier and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property owner's areas of riparian access. .�9. The docking facility will be designed to accommodate no more than 10 vessels. At no time shall more than 10 vessels be moored, docked or located in boat lifts at the facility. The restriction on the number of vessels shall apply to all marine vessel types, including, but not limited to motor boats, sailing vessels and personal watercraft. ✓10. All construction must conform to the NC Building Code requirements and all Local, State, and Federal regulations. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 54 ✓11. Prior to initiating land-disturbing activities, adequate sedimentation/erosion control measures must be employed to prevent the movement of unconsolidated materials into the marsh or water. This measure must remain in place until such time as the area is properly stabilized with vegetated cover. /12. No excavation or filling of any wetlands or waters is authorized under this permit. 13. The development authorized under this permit must be accomplished a minimum of 30' landward of the normal high water contour/normal water contour, maintaining this as a vegetated buffer area. NOTE: The Division of Water Quality (DWQ) approved this project under stormwater management rules of the Environmental Management Commission by Permit #SW8 030619. Any violation of or deviation from the plan approved by the DWQ will be considered a violation of this CAMA permit. PROJECT NARRATIVE ELCO Properties will be constructing two (2) buildings with four (4) private residential townhomes per building at 1777 and 1779 Gore's Landing Road in the Bent Tree Subdivision. We are requesting a permit for a pier with ten (10) boat slips for recreational use for unit owners. Two (2) slips will be for use by owners and/or guests with no overnight moorings and eight (8) slips will have one boat lift per slip. These eight (8) slips will be assigned to the townhome unit deeds. Pier to have 8' x 16' floating platform with a 12' x 12' fixed sitting area at end of pier. Upkeep, maintenance and care of pier, slips and platform will be the responsibility of the individual owners and the Homeowners' Association. This will be covered in the Homeowners' Association Covenants and Restrictions. Following are the proposed dimensions (as shown on plans) : Pier: Approximately 235' long; 6' wide Sitting Area: 12' x 12' Slips: Five (5) slips on each side of 81x16' platform. Slip opening - 12' x 24' Floating Platform: 8' x 16' Fingers: Four (4) 3.5' x 24' Fixed Pier: From Slip #1 to Slip #10 - 6' x 122' There will be no covered areas. Owners will be permitted to install one (1) uncovered boat lift for their individual slips. The two slips adjacent to the 8' x 16' platform will have no boat lifts. All dimensional lumber used will be high grade and treated to adhere to standards of county, state and federal requirements. Galvanized fasteners will be used for all applications. \ ��a `�3 Ak `a A � � Form DChl-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landrrark BENT TREE PLANTATION 1. APPLICANT c. Street address or secondary road number 1777 GORE S LANDING RD. a. Landowner: 17 7 GORE S LTNDIN7 RD. Name ELCO PROPERTIES d. Is proposed work within city limit or planning jurisdiction? X Yes No Address P•0. BOX 931 e. Name of body of water nearest project (e.g. river, City DAVIDSON State N. C. creek, sound. bay)INTERCOASTAL WATERWAY Zip28036 Day Phone704/895-2323 Fax 7 0 4/8 9 5—8 815 3. DESCRIEMON AIND PLANNED USE OF PROPOSED PROTECT b. Authorized Agent: Name RON ELLER a. List all dove opawat activities you propose (e.g. building a borne, motet,marina, bulkhead,pier,and P. O. BOX 931 excavation and/or filling activities. Address CONSTRUCTION OF 2 BUILDINGS WITH 4 City DAVIDSON Stec N. C. UNIT PIER AND BOATSLIPS Zip 28036 Day Pbone 7 0 4/8 9 5—2 3 2 3 b. Is the proposed activity maintenance of an existing project, new work, or both? NEW WORK Fax 704/895-8815 c. Will the project be for public,private or commercial use? COMMERCIAL Project name (if any) GORE S LANDING d. Give a brief description of purpose,use, methods of eonstructioo and daily operations of proposed Nora rn,.or.cot►br isrwd �,+.�oJtm.do»ner(iJ, adio. project. If more space is needed, please atucb additional pages. CONSTRUCT PIER WITH 10 BOAT SLIPS FOR RECREATIONAL USE FOR UNIT OWNERS. 8 SLIPS TO HAVE ONE BOAT LIFT PER SLIP AND 2 SLIPS FOR 2. LOCATION OF PROPOSED USE BY OWNERS AND/OR GUESTS WITH PROJECT NO OVERNIGHT MOORINGS. PIER TO HAVE 81X16' PLATFORM WITH 1 X ' AREA. PIER AND SLIPS TO BE BUILT a. County BRUNSWICK BY PROFESSIONAL CONTRACTOR. �%) i Revised 031" Of ��iy Form DCM-MP-1 m. Describe existing was;ewater treatment facilities 4. LAND AND WATER PRIVATE SEPTIC -SY-S= CHARACTERLSTICS A. Sue of entire tract 2.76 ACRES n. Describe location and type of discharges to waters of the state. (For example, surface runoff', sanitary b. Size of individual lots) 2.76 ACRES wastewater, industriallcommercW effluent, "wash down" and residential discharges.) N/A c. Approximate elevation of tract above MHW or NWL 8 FT. _ d. Soil type(s) and textures) of tract o. Describe existing drinking water supply source. SANDY COUNTY WATER SYSTEM e. Vegetation on tract GRASS f. Man-made features now on tract NONE S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, thi classification of the site? (cwuah she lomi kwd we 11+.) following items must he submitted: Conservation Transitional • A co of the deed with state application only) or Developed X Comm=lty copy ( apP Y Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local goverru mnV claiming to be the owner of said property, then MULTI—FAMILY forward a copy of the deed or other instrument under which the owner claims title, plus written permission L Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? _X Yes Nc (4uad1 Zamute apffr4m.a tvrffiawe, tf appumbLe) • An accurate, dated work plat (including plant v,eu and cross-sectional drawings) drawn to scale in black j. Has a professional archaenlogical assessment been ink on an 8 1/2" by I I' wbite paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 71.0203 for a If yes, by whom7 detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferre%J 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 an Yes —,y No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of L Are there wetlands on the site? _J_ Yes No Engineers regarding that agency's use of larger Coastal (mush)__ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (.tnad,docw~wad., Jr..0 bL,) guide agency personnel unfamiliar with the area to the -77 e-y-� wr.s, JUN 2 5 2003 DIVAS-i0l' OF COASTAL ,�ANACEMENT Form DCM-hl P-1 site. Include bighway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certilkation, if one is neczssary. • A list of the nurses and complete addresses of the I understand that any permit issued in response to that adjacent waterfront (riparian) landowners and application will allow only the development described is signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the peranit. by certified nail. Such landowners must be advised I certify that that they have 34 days in which to submit commentstothe best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies' with the State of North Carolina's Management. Upon signing this form, the appIicaat approved Costa. Management Program and will be further certifies that such notice has been provided. conducted is a manner consistent with such program. Name JOAtvnrF: LYMS WOOTEN I certify that I am authorized to grant, and do in fact, Address 12501 TRELAWN TERRACE great permission to representative* of state and federal Phone MITCHEVILLE, MD. 20721 review agencies to enter on the aforementioned lands iz connection with evaluating information related tc this Name JOHN H. GORE permit application and follow-up monitoring of the Address 1721 GORE'S LANDING RD. project, Phone OCEAN_ISLE BEACH, NC 28469 I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone 71is is the . dry of ti • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, Print Name RO F. ELLER permittee, and issuing dates. N/A Signatur — lmViowner or Awhon:ed Agew • A check for $250 made payable to the Department of Please indicate attachmenu pertaining to your proposed Environent, Health, and Natural Resources project. m (DEHNR) to cover the costs of processing the _ DCM MP-Z Excavation and Fill Information application. ✓ DCM MF-3 Upland Development ►�• A signed AEC hazard notice for projecu in DCM MP-4 Siruaures Infortnation _ DCM MP-5 Bridges and Culverts oceanfront and isle areas. _ DCM W-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and dare each atwd}inert in r4 Environmental Policy Act (N.C.G.S. 113A - 1 to space provided eat the bortoir of each fb m. 10) if the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policv Act. Rerixd W195 Form DCM-NIP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X Yes No a. Type and number of buildings, facilities, units or If yes, date submitted WEEK OF 6/23/03 structures proposed RESIDENTIAL TWO (2) BUILDINGS i. Describe proposed method of sewage disposal. PRIVATE b. Number of lots or parcels ONE (1) j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? APPLIED FOR units per acre) MULTI—FAMILY (Anach appropriate documentation)WITH BRUNSWICK 4 UNITS PER 1.38 ACRES COUNTY HEALTH DEPT. k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. sanitary wastewater, industrial/commercial effluent, APPROXTMATFT,Y 1 .60 ACRES "wash down" and residential discharges). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land PUBLIC Resources? X Yes No If yes, date submitted WEEK OF 6/23/03 m. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A CONCRETE AND ASPHALT ELCO PE ES GORE'S LANDING g. Give the percentage of the tract within 75 feet of Applicant or Pro ect MHW or NWL, or within 575 feet in the case of an � Outstanding Resource Water, to be covered by Sign u e impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 00 ate IN r L J 2003 li Y{' J V Ii �r r, d Revised 03/95 n 1 i r 1`1( r)F Form DCINIA p—: STRUCTURES (Constructio►► within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Mooring buoys Permit, Form DCM-MP-1. Be sure to complete all (1) NLA Commercial N/ffommunity N/A Private other sections of the Joint Application which relate to (2) Number N/A this proposed project. (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) _ N/A (1) _ Commercial XX Community_Private (2) Number ONE (1) (3) Length . ' 235' (4) Width of water body N/A ( ) Width 6' (5) Distance buoy(s) to be placed beyond (5) Finger Piers X_ Yes No shoreline N/A () Number 4 (ii) Length 24' f. Mooring structure (boatlift, mooring pilings, etc.) (iii) Width 3.5' (I) Commercial X Communi (6) Platform(s) X_Yes No ty Private } Number ONE (1) (2) Number _8 BOAT LIFTS � Length 16'CIO Length Length 24' (4) Width 1 2 (iii) Width '91 (7) Number of slips proposed 10 g. Other (Give complete description) (8) Proximity of structure to adjacent riparian _ N/A property Iines 100' (9) Width of water body 450' (APPROX. ) (10) Water depth at waterward end of pier at MLW or NWL 4 .51 b. Boathouse (inciuding covered lifts) (1) N/A Commercial N/A Private �J) Length N/a OPERTIES GORE'S LANDING A 'cant r c. Groin (e.g, wood, sneemile, etc.) Signature (1) Number _N/A ,4- �'}-� (2) Lengtb(s) _N/A �r Date- d. Breakwater (e.g. wood, shertpile, etc.) (1) Length N/A (2) Average distance from MHW, NWL or wetlands N/A (3) Maximum distance beyond MHW, NWL or wetlands N/A Revised 0319- I AIWW Cape Fear River, NC to Little River, SC W w- - _ - _ - 6. 1 as' i i - I 4 kit�w Vhotugrzaphy Date: February 2000 Legend N -----Right-of-Way(R/W) A 200 100 0 200 400 600 Feet �Navigation Channel Date:01/23/02 80ft Setback AMW -o t� CD G d � N C LA C. f G a • VOL \ ` • S P o cp U P • j CA co }' it jA U.S. ARMY CORPS OF ENGINEERS OCT 13 2003 WILMINGTON DISTRICT ■j,'.a.ter,..1� Action Id. op D 3yo County � 1' GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner ELCO Address e,D Ill f`. R o"'4 A l l er , P.D . 86y, 9 3 l DoNtAscA1 , U C . oZ 9 b3 Telephone No. ('70g) 89 S -2 32 3 Size and Location of project(waterS D body,road name/number, town,etc.) 1 e_ to r Uv% n( t P'C h l y'ee- a Description of Activity o /r/ c c� D v1n vh kvLt,�L, i v- avl -C II "Ll)I �e 4erw� in>44 Lj C. <)M 1;1X1a1 A'eJ 2, x 6 F To cyew-4-e- lD a ur i �Q� S ' X 3. L7 [ A l6//Y 0 l LUJPC� in Y✓ I D Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). e Plate f (check all that apply) _Section 10(River and Harbor Act of 1899). / w,'k aIS G to�e- cowS4,ti,.&10 Authorization: 6-P19T'?006.5:.6 Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General(RGP)or Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 ff Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date l D "/-b3 Corps Regulatory Official Telephone No. 6�z'-�s I'g93D Expiration Date of Verification SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS,ETC.,MUST BE ATTACHED TO THE YELLOW(FILE) COPY OF THIS FORM,IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 DIVISION OF COASTAL MANAGEMENT 4 t Al APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: ELCO Properties/Ron Eller County: Brunswick LOCATION OF PROJECT: end of Gore's Landing Road, Bent Tree Plantation DATE APPLICATION RECEIVED COMPLETE BY FIELD: July 14, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes FIELD REPRESENTATIVE: Brooks DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: 9/Vol FEE REC'D:$ 4ww PUBLIC NOTICE REC'D: ,/ END OF NOTICE DATE: /o f,j lo3 ADJ. RIP. PROP NOTICES REC'D: ✓ DEED REC'D: ✓ 1'thw cw4) APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: 3 150 DAY DEADLINE: MAIL OUT DATE: I l ?n STATE DUE DATE: O FEDERAL DUE DATE: FED COMMENTS REC'D: %o h l o 3 ( Ci p) PERMIT FINAL ACTION: ISSUE DENY DRAFT ON t o j(P/0 3 AGENCY DATE CONSENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative VP103 Coastal Management-LUP Consistency y�10103 Division of Community Assistance Land Quality Section !03 ✓ S f 6 A +V Z( iSJveV -�I003 Division of Water Quality NAB Storm Water Management(DWQ) 91, 43 glq l()3 State Property Office 1 v 17/U� r% Division of Archives&History Division of Environmental Health l� Z u 3 ✓ d►►1►N lM Division of Highways lZ q/v3 Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Q l2 U3 Submerged Lands(DMF) PEI 00 �;Mrf tWjy1 " �Nm+ Permit# - DCM Coordinator: ✓=' MAILING DISTRIBUTION: Permitee: LC'cl /°�%�.� Cld wen DCM Field Offices: Ehzabutft-e4y Morehead City Waslangtcrr- Wilmington US Army Corps of Engineers (USACE): Washin ike Bell (NCDOT) Bill B come (NCDOT) Veal—eigh Bland Wilmington: T) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Beverly Sanders Marine Fisheries: Mike Street NCDOT: Roberto Canales Shellfish Sanitation: Patti Fowler State Property Office: Joseph Henderson Water Quality: John Dorney J T) Water Resources: John Sutherland Wildlife Resources: lu Bennett Wynne Davkl-C�GBL1T) Tra T) FAXING DISTRIBUTION: Permitee at 70 7 a1S^ d�-oc-1 A gfmt At DCM Field Offices: FRtftbea Ci f Morehead City Washingmn- Wilmington US Army Corps of Engineers(USACE): W Mike Bell (NCDOT) i efflfi (NCDOT) eigh Blan Wilmington: lie-,riw43 �AICI�OT) Henry Wicker r North Carolina Wildlife Resources Commission 0 Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management FROM: Bennett Wynne Habitat Conservation Program DATE: October 28, 2003 SUBJECT: CAMA Dredge&Fill Permit Application for Elco Properties/Gore's Landing, end of Gore's Landing Road, adjacent to the AIWW, in Bent Tree Plantation on the mainland side of Ocean Isle Beach, Brunswick County,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. We regret that time constraints delayed our response. A site visit was made on October 24, 2003. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.)and the Coastal Area Management Act(G.S. 113A-100 through 113A-128). The applicant proposes to build a 10-slip community pier for a planned 8-unit condominium structure on the AIWW. Low tide depths range from 2 to 4.8 ft. A margin of coastal wetlands about 150 ft. wide and providing excellent wildlife habitat as well as a stormwater buffer occurs along the shoreline. Area waters are classified SA and open to shellfish harvest. Condominium construction would add 0.8 acre of impervious surfaces to the site, resulting in incremental loss of stormwater infiltration capacity adjacent to open shellfishing waters. The pier would shade coastal wetlands and construction activities may damage wetland vegetation,particularly if done during the growing season. Piling installation could elevate turbidity in sensitive estuarine waters. In addition,the dock's concentration of pilings in combination with the AIWW's tidal flows may induce shoaling around the dock, prompting future requests to dredge in open shellfishing waters. Based on these concerns, we recommend the following conditions to permit issuance. 1. Driveway,parking area, and walkways will be constructed of pervious materials. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Elco Properties Community Dock 2 10/28/2003 I 2. The pier will be elevated at least 4 ft. off the marsh floor. 3. Construction shall avoid the April 1 to September 30 period of peak biological activity. 4. No dredging will be allowed. Thank you for the opportunity to comment on this project. If you have questions, please call me at (252) 522-9736. �� iA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 12,2003 MEMORANDUM RECEDED TO: Mr. John Sutherland, Chief � OCT 2 9 2003 Water Planning Section �// + a1V.0FC0AVAL Division of Water Resources ,�/ 1 R"em FROM: Doug Haggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION, BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 03 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\ FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Oil NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 MEMORANDUM TO: Ms. Melba Laney . .. for: Mr. William A. McNeil, Director ..rtiir r..yr, Division of Community Assistance OCT 0 4 2003 FROM: Doug Huggett �� AV.OFCOASTALVANAGEMBr, Major Permits Processing Coordinator Fwi � l J g SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: ELCO Properties, LLC/Ron Eller Project Location: At the end of Gore's Landing Road, Adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County. Proposed Project: Proposes to build an eight-unit condominium complex and associated 10 slip, community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. t/ 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 V h 7/n 3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR OCT 1, 6 2003 North Carolina Department of Environment and Natural Resourc.*,� � Division of Coastal Management kw - Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 12,2003 vt�dtiSW t Lk MEMORANDUM DC"J t� � �/(� rv•. TO: Ms. Renee Gledhill-Earl Director y� SEP 15 9003 , ���► Division of Cultural Resources Archives & History Building HsT(RC1D17 sERvATIc?Nomm' IVC_ loll FROM: Doug Huggett U , Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW ' APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION, BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED SEP 19 2093 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ISEP F V NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 12,2003 MEMORANDUM /1-, RECEIVED TO: Bennett Wynne OCT 3 0 2003 Wildlife Resources Commission \ 11Y�0FIGMLM/����..� ATTN: Habitat Conservation Program (/ �� %Cry# FROM: Doug Huggett r� Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION,BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. V/This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED cam— DATE O ' 0 T' 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2,enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary September 12,2003 MEMORANDUM RECEIVED TO: Mr. Roberto Canales SEP,2 4 2003 State Construction/Materials Branch Division of Highways J1011111`1100A � FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION, BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 3 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Ai�`A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 12,2003 MEMORANDUM TO: Mr. Joseph H. Henderson, Director OCT Q State Property Office Z�03 Department of Administration AV OFCOASTALk«AVAGEMEN' FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION, BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the roject for,relasons described in the attached comments. SIGNED W DATE D 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper RECEIVED OCT 0 2 2003 NCDENR North Carolina Department of Environment and Natural Resources AUROASTALMANAGEMENr Division of Coastal Management RALEIGH Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary September 12,2003 MEMORANDUM _ TO: Mike Kelly, Acting Director SEP 2 2 W Division of Environmental Health FROM: Doug Huggett OSH SANITr N Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: ELCO PROPERTIES / GORE'S LANDING PROJECT LOCATION: END OF GORE'S LANDING ROAD, ADJACENT TO THE AIWW, IN BENT TREE PLANTATION, BRUNSWICK COUNTY. PROPOSED PROJECT: BUILD AN EIGHT-UNIT CONDOMINIUM COMPLEX AND ASSOCIATED 10 SLIP, COMMUNITY PIER. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 245. 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. This agency objects to the project for reasons described in the attached comments. �Q SIGNE �4 � /"4 I DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state,nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper LT 15 WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 RECEIVED MEMORANDUM SEP 0 2003 TO: Mr. Charles F. Stehman, P.G., Ph.D. JNDFCDAffAL! ANAGIEN1 Division of Water Quality/Groundwater Section RALOW FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: ELCO Properties, LLC/Ron Eller Project Location: At the end of Gore's Landing Road, Adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County. Proposed Project: Proposes to build an eight-unit condominium complex and associated 10 slip, community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 JDATE D q o 6 1 a 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 1W NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 MEMORANDUM TO: Dan Sams RECEIVED for: Mr. James Simons, Director Division of Land Quality SEP 10 2003 FROM: Doug Huggett NUFCO�� AGEMEMi Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: ELCO Properties, LLC/Ron Eller Project Location: At the end of Gore's Landing Road, Adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County. Proposed Project: Proposes to build an eight-unit condominium complex and associated 10 slip, community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ��PT `1 -2 3 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \Internet: http://dcm2.enr.state.nc.us 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 MEMORANDUM TO: Fritz Rohde o Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries $EP " -..—J FROM: Doug Huggett ��'�_ Major Permits Processing Coordinator G``�� H�g � T SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: ELCO Properties, LLC/Ron Eller Project Location: At the end of Gore's Landing Road, Adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County. Proposed Project: Proposes to build an eight-unit condominium complex and associated 10 slip, community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us 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 Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: ELCO Properties, LLC/Ron Eller Project Location: At the end of Gore's Landing Road, Adjacent to the AIWW, in Bent Tree Plantation, in Brunswick County. Proposed Project: Proposes to build an eight-unit condominium complex and associated 10 slip, community pier. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2003. If you have any questions regarding the proposed project, please contact Ed Brooks at Ext. 247. 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. 9 SIGNED DATE ���� 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper MEMORANDUM RECEIVED TO: Doug Huggett SEP 10 2003 Major Permits Processing Coordinator JN.OROAVALMANAGEMEM RALMH FROM: James E. Rosich,AICP Wilmington District Planner SUBJECT: CAMA Dredge&Fill Permit Application Consistency Determination ELCO Properties,LLC/Gore's Landing Brunswick County DATE: September 8,2003 The applicant proposes to develop Gore's Landing—an eight-unit condominium complex. The proposed complex will be located at the end of Gore's Landing Road in Bent Tree Plantation subdivision, and adjacent to the Atlantic Intracoastal Waterway. The complex will include: two buildings with four units each;a parking lot;access drive;utilities;on-site disposal system; and a community docking facility. Each unit owner will be deeded one boatslip in the proposed 10-slip community docking facility—eight of the boatslips will have uncovered boatlifts,and two boatslips will be for temporary mooring. The following Areas of Environmental Concern(AECs)will be impacted: Public Trust Area,Estuarine Waters and Estuarine Shorelines. The Atlantic Intracoastal Waterway is classified SA,and open to shellfishing. The Primary Nursery Area(PNA)designation does not apply. The development proposal is consistent with the Brunswick County Land Use Plan 1997 Update provided all local, state and federal regulations are met. The following land use plan policies are applicable: LUP Policy 8.1.2.0—Areas of Environmental Concern—Brunswick County will support and enforce, through its local CAMA permitting capacity, the State policies and permitted uses in the Areas of Environmental Concern(AECs). Such uses shall be in accord with the general use standards for coastal wetlands, estuarine waters and public trust areas and ocean hazard areas as stated in 15A NCAC Subchapter 7H. LUP Policy 8.1.2(b)—Estuarine Waters AECs—Developments and mitigation activities which support and enhance the natural function, cleanliness, salinity and circulation of estuarine water resources shall be supported. LUP Policy 8.1.2(c)—Public Trust Area AECs—The community's need for piers and docks, whether publicly or privately owned, shall be tempered by the rights of the public for the free and open use of public trust waters for navigation, shellfishing, and other uses. Efforts of State and Federal agencies to limit the length of docks and piers as they project into estuarine waters are especially supported. LUP Policy 8.1.2(d)—Estuarine Shoreline AECs—Brunswick County supports the protection and preservation of its estuarine shorelines, as enforced through the application of CAMA use standards. LUP Policy 8.1.8(a)—Marinas—As a means of providing access to area surface waters, Brunswick County encourages environmentally responsible marina development in accordance with State CAMA standards for AECs. Marina facilities also shall be evaluated for site specific compatibility with surrounding land uses, as well as for aesthetic concerns,parking, access and available services. LUP Policy 8.3.11(b)—Beach,Waterfront and BoatingA ccess—The provision of boating access facilities by the County, State, towns and private interests shall be encouraged and supported as an important means of public access to area waters. cc: Charles S.Jones,DCM Ed Brooks,DCM Leslie Bell,Brunswick County File STATE OF NORTH CAROLINA DECLARATION CREATING A CONDOMINIUM UNDER PROVISIONS OF CHAPTER 47C OF THE GENERAL STATUTES OF THE STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK GORES LANDING TOWNHOMES THIS DECLARATION is made this day of , by ELCO Properties, LLC, a North Carolina Limited Liability Company,("Declarant") pursuant to the North Carolina Condominium Act, Chapter 47C of the General Statutes of North Carolina. WITNESSETH: WHEREAS, Declarant is the owner in fee simple of certain real property located in Brunswick County, State of North Carolina,and more particularly described in paragraph 1.16 below; and WHEREAS, Declarant is the owner of Two(2) condominium type buildings consisting of Eight(8) units being constructed upon the aforesaid property, and it is the desire and the intention of the Declarant to divide the property into "condominium units" or "units" as those terms are defined under the provisions of the North Carolina Condominium Act, and to sell and convey the same to purchasers subject to the covenants, conditions,easements, restrictions, and other encumbrances herein reserved to be kept and observed; and WHEREAS, Declarant desires and intends by the filing of the Declaration to submit the property described in paragraph 1.16 below and the Two(2) buildings consisting of Eight(3) units located thereon and all other improvements constructed thereon, together with all appurtenances thereto,to the provisions of the North Carolina Condominium Act (Chapter 47C of the North Carolina General Statutes). Plats and plans for condominium appear of record in Plat Book 0534,Page 0952; NOW THEREFORE, the Declarant does hereby publish and declare that all the property described in paragraph 1.16 below is now and shall be held, conveyed, hypothecated, encumbered,used, occupied and improved subject to the following division,covenants, conditions, restrictions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into condominium units and shall be deemed to run with the land and shall be a burden and a benefit to Declarant, his heirs and assigns, and any person acquiring or owning any interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees and assigns. ARTICLE I DEFINITIONS Definitions. As used herein, the following words and terms should have the following meanings: 1.1.Act. The North Carolina Condominium Act, Chapter 47C of the General Statutes of North Carolina. 1.2.Additional Real Estate. Additional real estate may be added to the condominium for future phases or for the use as appurtenances or future phases. 1.3. Association. The GORES LANDING TOWNHOMES Condominium Homeowners' Association, Inc.,a non-profit corporation. 1.4. Board. The Board of Directors of GORES LANDING TOWNHOMES, Condominium Homeowners' Association, Inc. 1.5. Bylaws. The Bylaws of the Association which are hereby incorporated herein and made a part hereof by this reference, Exhibit 1.6. Common Elements. All portions of the condominium except the units. Limited common elements are common elements. 1.7. Common Expenses. Expenditures are made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves. 1.8. Condominium. Real estate, portions of which are designated for separate ownership and the remainder of which are designated for common ownership solely by the owners of those portions. Real Estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. 1.9. Declarant. ELCO Properties, LLC,a North Carolina Limited Liability Company. 1.10. Declarant Control Period. The period of time commencing on the date hereof and continuing until the date upon which Declarant surrenders control of the Condominium. 1.11. First Mortgage and First Mortgagee. A first mortgage is a mortgate or deed of trust which has been recorded so as to give construction notice thereof and which is a first lien on the units described therein. A first mortgagee is the holder, from time to time, of a first mortgage as shown by the records of the Brunswick County Registry, including a purchaser at foreclosure sale upon foreclosure of a first mortgate until expiration of the mortgagor's period of redemption. If there be 2. i more than one(1) holder of the first mortgate, they shall be considered as and act as one(1) first mortgagee for all purposes under this Declaration and the Bylaws. 1.12. Floor Plans. The floor plans of the condominium are recorded in the Condominium Plats and Plans Books of the Brunswick County Registry. 1.13. Limited Common Elements. A portion of the common elements allocated by the declaration or by operation of Section 47C-2-102(2) or(4) for the exclusive use of one(1) or more but fewer than all the units. 1.14. Occupant. Any person or persons in possession of a unit,including unit owners,the family members, lessees,guests and invitees of such person or persons, and family members,guests and invitees of such lessees. 1.15. Person. A natural person, corporation, business trust, estate, trust, partnership,association,joint venture, government, governmental subdivision or agency,or other legal or commercial entity. 1.16. Property. The following described real estate, together with all improvements now or hereafter constructed or located thereon,and all rights, privileges, easements and appurtenances belonging to or in any pertaining to said real estate: See Attached Exhibit 1.17. Security Holder. Any person owning a security for an obligation in a unit. 1.18. Special Declarant Riahts. There are no special declarant rights. 1.19. Unit. A physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to Section 47C-2-105(a) (5). 1.20. Unit Boundaries. The boundaries of each unit both as to vertical and horizontal planes, as shown on the floor plans, are the undecorated surfaces of the perimeter walls, exterior doors and exterior windows facing the interior of the unit, the undecorated surfaces of the ceiling facing the interior of the unit, and the topmost surfaces of the sub-flooring, and include the decoration on all such interior and topmost surfaces,including without limitation, all paneling,tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the decorated surfaces thereof,and also includes all spaces, interior partitions and other fixtures and improvements within such boundaries. Also included as part of the Unit shall be those portions of the heating and air conditioning system for the Unit which are located within the perimeter walls of the Units. 1.21. Unit Owner. The person or persons, including the Declarant,owning a unit in fee simple, including contract-for-deed purchasers of a unit, but excluding 3. contract-for-deed purchasers of a unit who are security holders,and also excluding all other security holders. ARTICLE II SUBMISSION OF PROPERTY TO THE ACT 2.1. Submission. Declarant hereby submits the property to the Act. 2.2. Name. The property shall hereafter be known as GORES LANDING TOWNHOMES. 2.3. Division of Property Into Separately Owned Units. Declarant, pursant to the Act, and to establish a plan of condominium ownership for the condominium, does hereby divide the property into Two (2) condominium type buildings consisting of Four (4)units in each building, and hereby designate all such units for separate ownership,subject however, to the provisions of paragraph 2.4 hereof. 2.4 Alterations of Units. Subject to the provisions of the Bylaws,a unit may be altered pursuant to the provisions of Section 47C-2-111 of the Act. 2.5 Limited Common Areas. The limited common elements serving or designated to serve each unit are hereby allocated solely and exclusively to each unit. The individually numbered boat slips and access pier to the slips are limited common elements. The boat slips and access pier are referred to from time to time collectively as the "Docks." The numbered boat slips constituting a portion of the docks are referred to from time to time throughout as "Boat Slips. Limited common elements allocated to Unit or Units as depicted on Exhibit The Boat Slips. The use of boat slips is restricted to the owners and owner's guests of the unit and/or to which the limited common elements are allocated. Following restrictions apply to slips and will be adhered to by unit owners: (a) Each slip may have one(1) uncovered boat lift, excluding Slips 5 & 6. (Installation and maintenance of boat lift are responsibility of Unit Owner.) (b) No sewage,whether treated or untreated, shall be discharged at any time from any boats using docking facility. (c) At no time shall more than Ten (10)vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft (d) Dredging in any manner, including "kicking" with boat propellers, is not authorized. 4. (e) Maintenance of the pier(limited common area)shall be responsibility of Homeowners' Association. All boat lifts and pilings associated with lift shall be maintained by and kept in order by unit owner assigned to slip. (f) Slips 5 and 6 are Limited Common Area to be maintained by Homeowners' Association and to be used by Unit Owners and Guests of Units only. 2.6. Unit Allocations. The allocations to each unit of a percentage of undivided interest in the common elements,of votes in the Association, and of a percentage of the common expenses are: See Attached Exhibit The allocation of the undivided interest in the common elements and of the common expenses is according to the area of each unit. The votes in the Association are equally allocated to each unit. 2.7. Encumbrances. To be provided per title insurance policy. 2.8. Condominium Ordinances. The condominium is not subject to any code, real estate use law, ordinance, charter provision or regulation (i) prohibiting the condominium form of ownership or(ii) imposing conditions or requirements upon a condominium which are not imposed upon physically similar developments under a different form of ownership. This statement is made pursuant to Section 47C-1-106 of the Act for the purpose of providing marketable title to the units in the condominium. 2.9. Reservation of Special Declarant Rights. Declarant hereby reserves no special Declarant rights. ARTICLE III ADDITIONAL REAL ESTATE Declarant reserves and retains the right to add additional real estate, additional units,appurtenances or phases to any of the property of the condominium. ARTICLE IV EASEMENTS 4.1. Encroachments. In the event that, by reason of the construction, reconstruction, rehabilitation, alteration or improvement of the buildings or improvements comprising a part of the property,any part of the common elements now or hereafter encroaches upon any part of any unit,or any part of any unit now or hereafter encroaches upon any part of the common elements or upon any part of 5. another unit, an easement for the continued existence and maintenance of each such encroachment is hereby declared and granted and shall continue for so long as each such encroachment exists; provided that in no event shall an easement for such encroachment be created if such encroachment is detrimental to or interferes with the reasonable use and enjoyment of the common elements or units so encroached upon. 4.2. Easement Through Walls. Easements are hereby declared and granted to the Association as to such persons are authorized by the Association to install,lay, maintain, repair and replace any chutes, flues, ducts,vents, pipes, wires,conduits and other utility installations and structural components running through the walls of the units, whether or not such walls lie in whole or in part within the boundaries of any such unit. 4.3. Easements to Repair, Maintain,Restore, and Reconstruct. Wherever in, and whenever by, this Declaration, the Bylaws or the Act, a unit owner,the Association, the Board or any other person, is authorized to enter upon a unit or the common elements to repair, maintain, restore or reconstruct all or any part of a unit or the common elements,such easements as are necessary for such entry and such repair, maintenance, restoration or reconstruction are hereby declared and granted. 4.4. Declarant's Easement. Declarant hereby reserves such easements through the common elements as may be reasonable and necessary for the purposes of discharging its obligation and completing the development and construction of the condominium,or future phases, which easements shall exist as long as reasonably necessary for such purposes. 4.5. Easements to Run With Land. All easements and rights described in this Article IV are appurtenant easements running with land, and except as otherwise expressly provided in this Article IV shall be perpetually in full force and effect,and shall inure to the benefit of and be binding upon Declarant,the Association,unit owners, occupants, security holders and any other person having any interest in the condominium or any part of any thereof. The condominium and every part thereof shall be conveyed and encumbered subject to and together with all easements,and rights described in this Article M, whether or not specifically mentioned in any such conveyance or encumbrance. 4.6. Easements of Owners and Association with Respect to Common Elements. Each Unit Owner shall have a perpetual, non-exclusive easement in common with all other Unit Owners to use all pipes, chutes,wires, ducts, cables, conduits, public utility lines, and other Common Elements located in any of the other Units and serving his Unit. Each Unit shall be subject to a perpetual non-exclusive easement in favor of all other Unit Owners to use the pipes,chutes, wires,ducts, cables,conduits, public utility lines, and other Common Elements serving such other Units and located in such Units. The Association, or any person authorized by it, shall have the right of access to each Unit and to the Limited Common Elements upon reasonable advanced notice to the Unit Owner (except in cases of emergencies, 6. in which cases no advanced notice shall be required) to the extent necessary for performance by the Association of its obligations of maintenance, repair, or replacement of the Common Elements. Such person shall use good faith efforts to conduct such maintenance, repair and replacement operations at such times and in such a manner as to minimize to the extent reasonably possible any intrusion on or interference with the activities of the Unit Owner. 4.7. Easements for Utilities. The Units and Common Elements shall be, and are hereby, made subject to easements in favor of the Declarant(until Declarant shall have satisfied all of its obligations under the Declaration and Bylaws and all commitments in favor of any Unit Owner and the Association), the Association, appropriate utility and service companies and governmental agencies or authorities for such utility and service lines and equipment as may be necessary or desirable to serve any portion of the Property. The easements provided for by this Section 4.7 shall include,without limitation, rights of Declarant, the Association, any providing utility, any service company, and any governmental agency or authority and any of them to install, lay, maintain, repair, relocate and replace gas lines, pipes and conduits,water mains and pipes,sewer and drain lines, telephone wires and equipment, television equipment and facilities (cable or otherwise), electrical wires, conduits and equipment and ducts and vents and any other appropriate equipment and facilities over, under, through, along and on the Units and Common Elements. Notwithstanding the foregoing provisions of this Section 4.7, unless approved in writing by the Unit Owner or Unit Owners affected thereby, any such easement through a Unit shall be located either in substantially the same location as such facilities or similar facilities existed at the time of first conveyance of the Unit by the Declarant to a grantee other than the Declarant, or so as not to materially interfere with the use or occupancy of the Unit by its Occupants. 4.8. Easement for Entrance . Declarant hereby reserves perpetual easements for itself, its successors and assigns, and the Association, and their employees and agents in and over the Common Elements for the construction, installation, maintenance and replacement of signage and entrance monumentation for the Condominium along Gores Landing Road, including lighting and landscaping for such monumentation. The foregoing easements shall include a right of access for construction and maintenance vehicles and personnel employed by the Declarant or the Association in exercising its easement rights hereunder. (a) Perpetual easement giving right of access to private drive to Gores Landing Townhomes is granted to i) owners of lots adjacent to and East of private drive to Gores Landing Townhomes off of Gores Landing Road and ii) to Declarant for any future development. (b) Perpetual easement is given to John H. Gore in that portion of property that is the 5' set-back on the line that is designated as N.87* 51' 49"East which is 231.87'. This easement gives right of access to that portion of property which is owned by John H. Gore and is designated as Tax Parcel DB 955-255 in the Register of Deeds in Brunswick County. 7. 1 1 1 4.9. Granting of Easements by the Executive Board. The Executive Board may hereafter grant easements encumbering the Common Elements for utility purposes for the benefit of the Property, including the right to install, lay, maintain, repair and replace water lines, sewer lines, pipes,ducts,gas mains,telephone and television or cable television wires, cables,and equipment,electrical conduits and wires over, under and along and upon any portion of the Common Elements, and may grant such other easements encumbering the Common Elements as the Executive Board deems in its discretion necessary for the benefit of the Condominium; and each Unit Owner hereby grants the Executive Board and irrevocable power of attorney to execute, acknowledge, and record for and in the name of each Unit Owner such instruments as may be necessary to effectuate the foregoing. ARTICLE V RESTRICTIONS, CONDITIONS AND COVENANTS 5.1. Compliance with Declaration, Bylaws and Rules and Regulations. Each unit owner and occupant shall comply with all applicable provisions of the Act, this Declaration and the Bylaws as may be amended. Failure to comply shall be grounds for an action by the aggrieved unit owner, or any person adversely affected,for recovery of damages,injunction or other relief. 5.2. Administration of Condominium. The Condominium shall be administered in accordance with the provision of the Act, this declaration and the Bylaws. 5.3. Use Restrictions. (a) The Units shall be occupied and used by Owners and Occupants for residential purposes only and no trade or business may be conducted in or from any Unit, except that an Owner or Occupant residing in a Unit may conduct business activities within the Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight,sound or smell from outside the Unit; (b) the business activity conforms to all zoning requirements for the Property; (c) the business activity is consistent with the residential character of the Property and does not constitute a nuisance,or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. (b) The term "business" and "trade", as used in this provision,shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee,compensation,or other form of consideration, regardless of whether: (i)such activity is engaged in full or part-time; (ii)such activity is intended to or does generate a profit; or(iii) a license is required 8. 1 1 i 1 therefor. Notwithstanding the above, the leasing of a Unit shall not be considered a trade or business within the meaning of this section. This section shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant with respect to its development and sale of the Property or its use of any Units which it owns within the Property. (c) Each Unit will be permitted to display one(1) standard size realtor sign. No other window displays or advertising shall be maintained or permitted by any unit owner or occupant on any part of the condominium without prior written consent of the Board. Declarant, however may post temporary "For Sale" signs on the properties until such time as all units owned by Declarant have been sold. 5.4. Hazardous Use and Waste. Nothing shall be done to or kept in any unit or the common elements that will increase any rate of insurance maintained with respect to the condominium without prior written consent of the Board. No unit owner or occupant shall permit anything to be done to or kept in his unit or the common elements that will result in the cancellation of insurance maintained with respect to the condominium,or that would be in violation of any law, or that will result in the commitment of waste(damage, abuse or destruction)to or in his unit or the common elements. 5.5. Alterations of Common Elements. No unit owner or occupant,except Declarant during the Declarant control period, shall alter or construct anything upon or remove anything from the common elements, or paint, decorate, landscape or adorn any portion of the common elements, without prior written consent of the Board. 5.6. Pets. No animals, livestock, or poultry of any kind shall be kept or maintained in any unit or in any dwelling except that dogs, cats or other common household pets may be kept or maintained provided they are not kept or maintained for commercial purposes. All applicable laws and regulations concerning licensing, control or restraint,and health,with respect to domestic animals, must be complied with. Further, the Association,acting by and through it Board of Directors, may require any owner or other occupant of any unit to remove and dispose of any animal which said Board, in its sole discretion, finds to be vicious or otherwise dangerous to persons or property. No dogs or cats shall be allowed to run at large within the development. 5.7. Use of Common Area. The Common Area shall not be used in any manner except as shall be approved or specifically permitted by the Association; provided, however, that so long as Declarant owns any units, Declarant shall have the exclusive right to use parts of Common Area for sales purposes, including, without limitation, promotional activities. 5.8. Parking No Unit Owner and no employee, agent or invitee of any Unit Owner shall park, store, or keep any vehicle on the Property,except wholly within 9. 1 those portions of the Common Elements designated by the Association for such use. No commercial or recreational automobile,van, truck,tractor, mobile home or trailer (either with or without wheels), camper,camper trailer, boat or other watercraft,boat trailer or any other commercial or recreational vehicle shall be parked on any portion of the Common Elements. For the purposes hereof, the term "recreational automobile" shall refer to any automobile, sport utility vehicle, minivan or pick-up truck upon which is displayed permanent painted commercial or advertising displays, lettering or logos. The foregoing restriction shall not apply to sales trailers, construction trailers or other vehicles which may be used by Declarant and its agents and contractors in the conduct of their business prior to completion of the Condominium, and shall not apply to service vehicles which are temporarily parked while service contractors are providing temporary service work in one or more Units in the Condominium or on the Common Elements. 5.9. Rules and Reiulations. In addition to the foregoing restrictions, conditions and covenants concerning the use of the condominium, reasonable rules and regulations not in conflict therewith and supplementary thereto may be promulgated and amended from time to time by the Board or the Association, as more fully provided in the Bylaws. 5.10. Restrictions, Conditions and Covenants to Run with Land. Each unit owner and occupant shall be subject to all restrictions, conditions and covenants of this Declaration,and all such restrictions,conditions and covenants shall be deemed to be covenants running with the land, and shall bind every person having any interest in the property,and shall inure to the benefit of every owner. 5.11. Prohibitions and Use of Common Elements. The Common Elements shall not be used for storage of supplies, personal property or trash or refuse of any kind,except that common trash receptacles may be placed at various locations on the Common Elements at the discretion of the Board. Stairs, entrances, sidewalks, yards, driveways, and parking areas shall not be obstructed in any way. In general, no activity shall be carried on or conditions maintained by any Unit Owner either in his Unit or upon the Common Elements which despoils the appearance of the Property. 5.12. Shrubbery. No Unit Owner shall plant or permit to remain on the Property any type of hedge,shrubbery or other plantings, exept with the prior written permission of the Association. 5.13. Leases. Any lease of a Unit or a portion of a Unit shall be in writing, and shall be subject to this Declaration and the Bylaws, and any failure of the lessee to comply with the terms of such documents whall be a default under the lease. Any Unit Owner who enters into a lease of his Unit shall promptly notify the Association of the name and address of each lessee,the Unit rented, and the term of the lease. Other than the foregoing restrictions, each Unit Owner shall have the full right to lease his Unit. Declarant may lease any Unit owned by Declarant subject to the provisions of this Declaration. 10. 1 5.14. Television,Aerials,Antennas and Satellite Dishes. No radio, television or other aerial, antenna,satellite dish, tower or other transmitting or receiving structure or support thereof, of whatever size, shall be erected, installed, placed or maintained within the Condominium unless so erected, installed, placed or maintained entirely out of sight within a Unit; provided, however, television dishes 24 inches or less in diameter may be installed by a Unit Owner provided such dish is installed out of sight in a location approved by the Board. Prior to installing a television dish, a Unit Owner must submit to the Board for its approval the proposed location for the television dish within sixty(60) days prior to the proposed installation. The Board, in its sole discretion, may approve or disapprove of the proposed location of the dish. If the Board disapproves of the proposed location of the dish,the Board shall provide to the Unit Owner a suggested alternate location for the dish that will be acceptable to the Board. ARTICLE VI ASSESSMENTS 6.1, Creation of the Lien and Personal Obligation for Assessments. The Declarant for each unit owned within the properties, hereby covenants, and each owner of any unit by acceptance of a deed therefore,whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments or charges and special assessments for capital improvements, established and collected as hereinafter provided. The Board has the power to levy assessments against the units for common expenses. Such assessments shall be a lien on the units against with they are assessed, and if any payment thereof becomes delinquent, the lien may be foreclosed and the unit sold, or a money judgment obtained against the persons liable therefore, all as set forth in the Bylaws. Assessments shall be due and payable in monthly installments. An assessment shall be deemed levied against a unit upon conveyance of ownership by Declarant. Declarant shall pay all accrued expenses of condominium until such time unit ownership is conveyed. 6.2. Purpose of Annual Assessments. The annual assessments levied by the Association shall be used as follows: (a) to keep the Common Area clean and free from debris and to maintain any amenities located thereon in a clean and orderly condition and to maintain the landscaping thereon in accordance with the highest standards for private parks including necessary removal and replacement of landscaping; (b) to pay all ad valorem taxes levied against the Common Area and any property owned by the Association, or any property given easement to the Association by the Declarant. 11. (c) to pay the premium on all hazard and flood insurance carried by the Association on the Common Area and all public liability insurance carried by the Association pursuant to the Bylaws; (d) to pay all legal, accounting and other professional fees incurred by the Association in carrying out its duties as set forth herein or in the Bylaws. (e) to maintain a contingency reserve to fund anticipated or unanticipated expenses of the Association. (f) to maintain, operate, and repair the Cluster Sewer System in accordance with laws, rules and the conditions of the permit issued by the Brunswick County Health Department. (g) to pay the uniformed Annual Charge of the Bent Tree Plantation Home Owners' Association,Inc. dues. Every person upon acquiring title to property in GORES LANDING TOWNHOMES shall automatically become a member of Bent Tree Home Owners' Association,Inc. thus affording all property owners and their invitees and guests use and enjoyment of the amenities. 6.3. Annual Assessment. Until January 1st, of the calendar year following the conveyance of the first unit by the Declarant to another Owner, the maximum annual assessment for each Unit shall be and shall be due and payable in monthly installments. (a) The annual assessments established above may be increased or decreased effective January 1st of each calendar year following the conveyance of the first unit by the Declarant to another owner,without a vote of the membership, provided that the increase or decrease not exceed the amount resulting from the actual budgeted expenses for operation of the Association based on previous year's actual expenses. A Porposed Budget is attached as Exhibit (b) From and after January 1st of the year following the conveyance of the first unit by Declarant to another owner,said maximum annual assessments may be increased without limitation if such increase is approved by Members entitled to no fewer than fifty-one(51%) percent of all of the votes to which all members are entitled. Such voting may be represented in person or by proxy at a meeting duly called for this purpose. 6.4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levey in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment requires the same assent of Members as provided in Annual Assessment,(b) of this Article. 12. 6.5. Assessment Rate. Both annual and special assessments must be fixed at a uniform rate for all units. 6.6. Date of Commencement of Annual Assessment; Due Dates. The annual assessments provided for herein shall commence as to all Units on the day title is conveyed to the owner; at which time the Association is conveyed all CommonAreas. The first annual assessment shall be adjusted according to the number of days remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each unit at least thirty (30)days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner. The due dates shall be established by the 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 unit have been paid. A properly executed certificate of the Association as to the status of assessments on a unit is binding upon the Association as of the date of its issuance. 6.7. Effect of Nonpayment of Assessment; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest fromthe due date at the rate of eighteen percent(18%) per annum. In addition to such interest charge, the delinquent owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Association to 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 unit,and interest, late payment charges, costs and reasonable attorney's fees of such action or foreclosure shall be added to the amount of such assessment. 6.8. Personal Liability of Transferees;Statement;Liability of First Mortsazee (a) The personal obligation for assessments which are delinquent at the time of the transfer of a unit shall not pass to the transferee of said unit unless said delinquent assessments are expressly assumed by said transferee, and further provided that Transferee and/or Transferee's Closing Agent makes written inquiry to Association to determine the status of association dues and/or assessments prior to conveyance of any unit. (b) Any transferee referred to in (a) above shall be entitled to a statement from the Board, pursuant to the Bylaws and such transferee's unit shall not be subject to a lien for any unpaid assessments against such unit in excess of the amount therein set forth. (c) Where a mortgage or trustee under a deed of trust or other person claiming through such mortgagee or trustee, pursuant to the remedies provided in a mortgage or deed of trust,or by foreclosure or by deed, or assignment, in lieu of foreclosure, obtains title to a unit, the liability of such mortgagor or other person for assessments shall be only for the assessments, or installments thereof, that would 13. t A become delinquents, if not paid, after acquisition of title. For purposes hereof, title to a unit shall be deemed acquired by foreclosure upon expiration of the applicable period of redemption. (d) Without releasing the transferor from any liability therefore, any unpaid portion of assessments which is not a lien under(b) above, or resulting as provided in (c)above, from the exercise of remedies in a mortgage or deed of trust, or by foreclosure thereof or by deed, or assignment, in lieu of such foreclosure, shall be a common expense collectible from all unit owners, including the transferee under (b) above and the mortgagor or trustee or such other person under(c) above who acquires ownership by foreclosure or by deed, or assignment in lieu of foreclosure. 6.9. Prohibition of Exemption from Liability for Contribution Toward Common Expenses. No unit owner may exempt himself from liability for his share of the common expenses assessed by the Association by waiver of the use or enjoyment of any of the common elements or by abandonment of his unit or otherwise. 6.10. Cluster Sewage Systems. The Developer, herein Declarant,shall construct the cluster sewage systems serving the property in accordance with the permit, applicable rules, and plans and specifications hereafter issued and approved by the Brunswick County Health Department; and shall thereafter properly maintain, and repair such systems in accordance with applicable permit provisions, rules and laws until the entire system has been transferred to the Association,or abandoned, as herein provided,whichever occurs first. (a) The Declarant shall not transfer ownership of the cluster sewage system to the Association until the system has been inspected, permitted, and determined to be operating in accordance with applicable rules and permit conditions as determined by the Brunswick County Health Department. (b) The Association will assume full ownership of the cluster sewage system upon conveyance to it by the Declarant and shall thereafter properly maintain, operate, and repair the system in accordance with laws, rules and the conditions of the permit issued by the Brunswick County Health Department. The Association shall levy and collect the assessments provided for in its bylaws, including not limited to,special,specific or village assessments applicable only to the property described herein, or the units served by said cluster sewage systems; and, in the event that realized by the levy of such assessments shall not be adequate to maintain, operate, and repair the system as required by laws and conditions of the permit,the Association shall take such action as is necessary to secure funds adequate for such purposes. (c) In the event of the development of a county sewage collection, treatment and disposal system, by the Regional Sewer Authority or some other public agency, or the development of a central sewage collection, treatment and disposal system by the Declarant either of which system is available to and serving 14. the property, then the cluster systems described herein will no longer be utilized. The owners of the units served by said cluster systems will be required to connect to and utilize private central sewage system or county sewage system, as the case may be, and as soon as the connection of each unit to the county sewage system or private central sewage system is completed and functioning, the cluster sewage system service for the unit served shall be abandoned and the rights and obligations of the parties hereto, including the Association's easement to property,with regard to the cluster sewage system shall be automatically terminated. (d) The sewage collection, treatment and disposal system is a common area or limited common area, as described on Exhibit , and will receive priority for expenditures by the Association,second only to Federal, State and Local taxes and insurance costs. (e) Upon dissolution of the Association, provision shall be made for the continued proper operation, maintenance, and repair of its sewage collection, treatment and disposal system. (f) The Association, except upon dissolution, or as provided herein, shall not transfer, convey, assign, or otherwise relinquish or release its responsibility for the operation, maintenance, and repair of its sewage collection, treatment and disposal system. 6.11. Deed Restrictions and Protective Covenants. The Association will assume full responsibilty of the Stormwater Run-Off System upon coveyance to it by the Declarant and shall thereafter properly maintain, operate, and repair the System in accordance with laws, rules and the conditions of the permit issued by the North Carolina Department of Environment and Natural Resources. The Associatoin will certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required below: (a) The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Divison of Water Quality. These covenants may not be changed or deleted without the consent of the State. (b) No more than 34,937 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone,slate or similar material but do not include wood decking or the water surface of swimming pools. (c) Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. (d) Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 15. (e) All permitted runoff from outparcels or future development shall be directed into the stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. 6.12. Lezal Fees. In any action under this section, the Association shall have the right to emply attorney(s)to make claim, demand, file lien or institute litigation and may incur up to $500.00 in legal expenses chargeable to the unit owner whether the lien is filed or not. Failure to pay such attorney(s) fees shall constitute a default for which all actions under this section shall be authorized. ARTICLE VII MANAGEMENT, MAINTENANCE,REPAIRS, REPLACEMENTS, ALTERATIONS AND IMPROVEMENTS 7.1. Common Elements. (a) By the Association. The management, replacement, maintenance, repair, alterations and improvements of the common elements shall be the responsibility of the Association, and subject to the provision of paragraph 7.2 hereof,the costs thereof shall be a common expense to the extent not paid by unit owners pursuant to paragraph 7.1 (b) hereof. All damage caused to a unit by any work on or to the common elements done by or for the Association shall be repaired by the Association, and the cost thereof shall be a common expense. (b) By Unit Owners. Each unit owner shall pay all costs to repair and replace all portions of the common elements that may become damaged or destroyed by reason of his intentional acts or the intentional acts of any occupant of his unit. Such payment shall be made upon demand made by the Association. 7.2. Common Expenses Associated with Limited Common Elements or Benefittin2 Less Than All Units. (a) Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed against the unit, or in equal shares to the units, to which such limited common element was allocated at the time the expense was incurred. (b) In addition, the Association may assess any common expense benefitting less than all of the units against the units benefitted in proportion to their common expense liability. (c) The cleanliness and orderliness of the Limited Common Elements shall be the responsibility of the individual Unit Owner or Unit Owners having the right to the use and enjoyment of such Limited Common Elements, but the responsibility for maintenance, painting, repair and replacement, together with 16. control over the exterior decoration of the Limited Common Elements visible from any other Unit or from the Common Elements, shall remain with the Association. Notwithstanding any other provisions of this Declaration, or any provision of the Bylaws or the Act,the obligation for maintenance, repair, or replacement of any portions of the heating,ventilating, and air conditioning systems that are Limited Common Elements shall be the sole responsibility of the Unit Owners to which such Limited Common Elements are allocated. Electricity and gas service to each Unit shall be individually metered and each Unit Owner shall pay all charges assessed against his Unit for the use of such services. 7.3. Units. Each Unit Owner shall maintain his Unit at all times in a good and clean condition,and repair and replace,at his expense, all portions of his Unit. All windows and doors within the walls enclosing a Unit shall be a part of that Unit, but the authority and responsibility for maintenance and painting, together with control over the exterior decoration, of all portions of doors and windows visible fromthe exterior of the Building or from any Common Element, shall remain with the Association. Replacement of any broken glass ina window that is part of a Unit shall be the sole responsibility and expense of the Unit Owner of that Unit. Routine maintenance and repair of all lath, furring, wallboard, plasterboard, plaster, screening and subflooring beneath, above, and/or beyond the finished surfaces of the perimeter walls,floor and ceiling of each Unit shall be the sole responsibility of the Unit Owner. Each Unit Owner shall perform his responsibilities in such a manner as not to unreasonably disturb other Occupants; shall promptly report to the Board, or its agents, any defect or need for repairs the responsibility for which is that of the Association; and, to the extent that such expense is not covered by the proceeds of insurance carried by the Association, shall pay all costs to repair and replace any portion of another Unit that has become damaged or destroyed by reason of his own acts or omissions, or the acts or omissions of any Occupant of his Unit. Such payment shall be made upon demand by the Unit Owners of such other Unit. Nothing herein contained shall modify any waiver by insurance companies of rights of subrogation. 7.4. Waiver of Claims. Except only as provided in paragraphs 7.5(a) and (b),the Association agrees that it shall make no claim against a unit owner or occupant, and each unit owner and occupant agrees that he shall make no claim against the Association, the members of the Board, Officers of the Association, or employees or agents,or any thereof, or against any manager retained by the Board, or his or its officers, directors,employees or agents, or other unit owners or occupants, for any loss or damage to any of the property, or to a unit or personal property therein, even if caused by the omission or neglect of any one or more of such persons,and all such claims are hereby waived and released; provided,that this waiver shall not apply to any such loss or damage due to intentional acts. 7.5. Right of Entry. (a) By the Association. The Association, and any person authorized by the Association, may enter any unit or any of the limited common elements in 17. case of any emergency or dangerous condition or situation originating in or threatening that unit or any of the limited common elements. The Association, and any person authorized by the Association, after reasonable notice to a unit owner or occupant, may enter that unit or any of the limited common elements for the purposes of performing any of the Association's duties or obligations or exercising any of the Association's powers under the Act, this Declaration or the Bylaws with respect to that or any other unit any limited common elements. Notwithstanding paragraph 7.4, the Association shall be responsible for the repair of any damage caused by the Association or its authorized person to the entered unit,and the cost thereof shall be a common expense. All such entries shall be made and done so as to cause as little inconvenience as possible to the unit owner and occupant of the entered unit or any portion of the limited common elements allocated to the unit owner. (b) By Unit Owners. Each unit owner and occupant shall allow other unit owners and occupants,and their representatives,to enter his unit, or limited common elements allocated to his unit, when reasonably necessay for the purpose of altering, maintaining, repairing or replacing the unit of, or performing the duties and obligations under the Act, this Declaration or the Bylaws of the unit owner or occupant making such entry, provided that requests for entry are made in advance and such entry is at a time convenient to the unit owner or occupant whose unit or limited common element is to be entered. In case of an emergency or dangerous condition or situation, such right of entry shall be immediate. Notwithstanding paragraph 7.4,the person making such entry shall be responsible for repair of any damage caused by such person to the entered unit or limited element. 7.6. Partitioning. The interest in the Common Elements allocated to each Unit shall not be conveyed, devised, encumbered, partitioned, or otherwise dealt with separately from said Unit, and the interest in the Common Elements allocated to each Unit shall be deemed conveyed, devised, encumbered or otherwise included with the Unit even though such interests are not expressly mentioned or described in the instrument conveying, devising, encumbering or otherwise dealing with such Unit. Any conveyance, mortgage, or other instrument which purports to grant any right, interest,or lien in, to or upon the Unit, shall be null,void,and of no effect insofar as the same purports to affect any interest in a Unit's allocated interest in the Common Elements unless the same purports to convey, devise,encumber or otherwise deal with the entire Unit. Any instrument conveying,devising, encumbering or otherwise dealing with any Unit,which describes said Unit by the identifying number assigned thereto in the Plans and herein without limitation or exception shall be deemed and construed to affect the entire Unit and its allocated interest in the Common Elements. Nothing herein contained shall be construed as limiting or preventing ownership of any Unit and its allocated interest in the Common Ellements by more than one person or entity as tenants in common,joint tenants, or as tenants by the entirety or any other form by law permitted. 7.7. Conveyance of or Lien Against Common Elements. For such time as the Property remains subject to this Declaration and to the provisions of the Act, no 18. conveyances of or security interests or liens of any nature shall arise or be created against the Common Elements unless the Unit Owners holding at least eighty percent(80%) of the total allocated interests in the Common Elements agree to that action; provided, however, all the owners of Units to which any Limited Common Element is allocated must agree in order to convey that Limited Common Element or subject it to a security interest or lien. Every agreement for the performance of labor or the furnishing of materials to the Common Elements, whether oral or in writing,must provide that it is subject to the provisions of this Declaration and that the right to file a mechanics' lien or other similar lien by reason of labor performed or material furnished is subordinated to this Declaration and to the lien of assessments for Common Expenses provided for in Article VI of this Declaration. Provided, however,nothing in this Section shall be construed to limit the right of any Unit Owner to convey or to encumber his allocated interest in the Common Elements as an appurtenance to and in connection with the conveyance or mortgaging of his Unit. 7.8. Nature of Interest in Unit. Every Unit, together with its allocated interest in the Common Elements, shall for all purposes be, and it is hereby declared to be,and to constitute a separate parcel of real property, and the Unit Owner thereof shall be entitled to the exclusive fee simple ownership and possession of his Unit, subject only to the covenants, conditions, restrictions, easements, uses, limitations, obligations, rules, regulations, resolutions and decisions adopted pursuant hereto and as may be contained herein and in the accompanying Bylaws and in the minutes of the Executive Board of the Association. ARTICLE VIH INSURANCE 8.1. Casualty Insurance. The Association shall maintain, to the extent available, casualty insurance upon the Property in the name of, and the proceeds thereof shall be payable to, the Association, as trustee for all Unit Owners and First Mortgagees as their interests may appear, and be disbursed pursuant to the Act. Such insurance shall be in an amount equal to not less than one hundred percent (100%) full insurable value of the Property on a replacement cost basis exclusive of land, excavations, foundations and other items normally excluded from property policies, and shall insure against such risks and contain such provisions as the Board from time to time shall determine, but at a minimum shall conform inall respects to the requirements of the Act, and shall provide that, notwithstanding any provision thereof that gives the insurer an election to restore damage in lieu of making a cash settlement,such option shall not be exercisable if such restoration is prohibited pursuant to Section 47C-3-113(h)of the Act. In addition, if any fixtures, property or equipment used or kept in a Unit are financed by the proceeds of any First Mortgage on such Unit, then the Association, at its option, may obtain insurance coverage for such fixtures, property or equipment. 19. 8.2. Coverage. All buildings and improvements upon the lands and all personal property included in the common areas and facilities shall be insured in an amount equal to the maximum insurable replacement value as determined annually by the Board of Directors with the assistance of the insurance company providing the coverage. Such coverage shall provide protection against: (a) Loss or damage by fire, flood and other hazards covered by a standard extended coverage endorsement; and (b) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. 8.3. Public Liability Insurance. The Association shall maintain public liability insurance for the benefit of the Unit Owners, Occupants,the Association, the Board, the managing agent, if any,the Declarant, and their respective officers, directors,agents and employees, in such amounts and with such coverage as shall be determined by the Board; provided that the public liability insurance shall be for at least Five Hundred Thousand Dollars ($500,000.00) per person and One Million Dollars ($1,000,000) per occurence for death, bodily injury and property damage. Such insurance shall comply in all respects to the requirements of the Act and shall contain a severability-of-interest endorsement precluding the insurer from denying liability because of negligent acts of any insured; insure all of such benefited parties against such liability arising out of or in connection with the use,ownership or maintenance of the Common Elements and the streets,sidewalks and public spaces adjoining the Condominium; and insure the Association, the Board,the manager, if any,and their respective officers, directors, agents and employees against such liability arising out of or in connection with the use or maintenance of the Units. 8.4. Fidelity Coverage. If available at reasonable cost,fidelity coverage shall be maintained by the Association in commercial blanket form covering each director and officer of the Association, any employee or agent of the Association and any other person handling or responsible for handling funds of the Association in the face amount of at least the greater of(i) one and one-half(1-1/2)times the estimated annual operating expenses and reserves of the Association,or(ii) the sum of three months' aggregate assessments on all Units plus the Association's reserve funds. Such bonds shall contain an appropriate endorsement to cover persons who serve without compensation. The premium on such bonds shall be a Common Expense. 8.5. Premiums. Premiums upon insurance policies purchased by the Board of Directors shall be paid by the Board of Directors as a common expense. 8.6. Proceeds. All insurance policies purchased by the Board of Directors shall be for the benefit of the Board of Directors and the unit owners and their mortgagees as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Board as insurance trustee under this Declaration. The sole duty of the Board of Directors as insurance trustee shall be to receive such proceeds 20. as are paid and to hold the same in trust for the puposes elsewhere stated herein or stated in the Bylaws and for the benefit of the unit owners and their mortgagees in the following shares: (a) Proceeds on account of damage to common areas and facilities and undivided share for each unit owner, such share being the same as each unit owner's undivided interest inthe common areas and facilities. (b) Proceeds on account of damage to units shall be held in the following undivided shares: (i) When a building is to be restored, for the owners of damaged units in proportion to the cost of repairing the damage suffered by each unit owner, which cost shall be determined by the Directors. (ii) When a building is not to be restored, an undivided share for each unit owner, such share being the same as each unit owner's undivided interest in the common areas and facilities. (iii) In the event a mortgage endorsement has been issued to a unit,the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests may appear. 8.7. Individual Policy for Unit Owners. Each Unit Owner may obtain insurance,at his own expense,affording personal property, condominium assessment, personal liability, and any other coverage obtainable,to the extent and in the amounts such Unit Owner deems necessary to protect his own interests; provided that any such insurance shall provide that it is without contribution as against the insurance purchased by the Association. If a casualty loss is sustained and there is a reduction in the amount of the proceeds that would otherwise be payable on the insurance purchased by the Association due to the proration of insurance purchased by a Unit Owner under this Section,such Unit Owner shall be liable to the Association to the extent of such reduction and shall pay the amount of such reduction to the Association upon demand, and assigns the proceeds of his insurance, to the extent of such reduction, to the Association. ARTICLE IX DISTRIBUTION OF INSURANCE PROCEEDS Proceeds of insurance policies received by the Board of Directors as insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: (a) Expense of the Trust. All expenses of the insurance trustee shall be first paid or provision made therefor. 21. (b) Reconstruction or Repair. If the damage for which the proceeds are paid is to be repaired or reconstructed,the remaining proceeds shall be paid to defray the cost thereof as provided by Article X hereof. Any proceeds remaining after defraying such cost shall be distributed to the beneficial owners. (c) Failure to Reconstruct or Repair. If it is determined as provided in Article X hereof, that the damage for which the proceeds are paid shall not be reconstructed or repaired,the remaining proceeds shall be distributed to the beneficial owners thereof. ARTICLE X DAMAGE AND DESTRUCTION Except as hereinafter provided, damage to or destruction of a building shall be promptly repaired and restored by the Board of Directors using the proceeds of insurance on the building for that purpose and unit owners of a building damaged or destroyed shall be liable to assessment of any deficiency; provided, unless (i)the condominium is terminated, (ii) repair or replacement would be illegal under any state or local health or safety statute or ordinance, or(iii) the unit owners decide not to rebuild. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense. If the entire condominium is not repaired or replaced, (i) the insurance proceeds attributable to the damaged common elements shall be used to restore the damaged area to a condition compatible with the remainder of the condominium,(ii) the insurance proceeds attributable to units and limited common elements which are not rebuilt shall be distributed to the owners of those units and to the owners of those units to which limited common elements were allocated or to lien holders, as their interest may appear, in proportion to their common element interest. If the unit owners vote not to rebuild any unit, that unit's allocated interests are automatically reallocated upon the vote as if the unit had been condemned under Section 47C-1-1.07(a) of the Act, and the Association shall promptly prepare,execute and record an amendment to the declaration reflecting the allocations. Any reconstruction or repair shall be in accordance with the plans and specifications of the original building, portions of which are recorded in the Brunswick County Registry; and if not, then according to plans and specifications approved by the Board of Directors. ARTICLE XI CONDEMNATION In the event of a taking by an eminent domain, or by a conveyance in lieu thereof, of all or any part of the property,the same shall be repaired or restored, and the awards paid on account thereof shall be used and applied in accordance with Section 47C-1-107 of the Act. 22. ARTICLE XII TERMINATION The Condominium may be terminated only in strict compliance with Section 47C-2-118 of the Act. ARTICLE XIII AMENDMENT This declaration may be amended only in strict compliance with the Act, except that no amendment altering or impairing special declarant rights may be made without the written consent of the Declarant. ARTICLE XIV RIGHTS OF FIRST MORTGAGEES: VA, FNMA AND FHLMC PROVISIONS The following provisions shall take precedence over all other provisions of this declaration and the bylaws: 14.1. Availability of Condominium Documents, Books,Records and Financial Statements. The Association shall, upon request and during normal business hours, make available for inspection by unit owners and first mortgagees and the insurers and guarantors of a first mortgage on any unit, current copies of the Declaration, the Bylaws, other rules and regulations governing the condominium and the books, records and financial statements of the Association. The Association shall provide an audited financial statement for the preceding fiscal year if requested in writing by a first mortgagee or insurer or guarantor of a first mortgage. The Association shall, upon request and during normal business hours, make available to inspection by prospective purchasers of units, current copies of the Declaration, Bylaws, other rules and regulations governing the condominium, and the most recent annual audited financial statement (if one is prepared). 14.2. Successor's Personal Obligation for Delinquent Assessments. The personal obligation for assessments which are delinquent at the time of transfer of a unit shall not pass to the successors in title or interest to said unit unless said delinquent assessments are expressly assumed by them. 14.3. Rights of Action. The Association and any aggrieved unit owner shall have a right of action against the Association for failure to comply with the provisions of this Declaration, the Bylaws and the rules, regulations and decisions of the Association made pursuant to the authority granted to the Association in this Declaration and the Bylaws. 23. 14.4. Management and Other Agreements. Any management agreement between the declarant or the Association and professional manager or any other agreement providing for services of the developer,sponsor, builder or Declarant shall be terminable by either party thereto without cause and without payment of a termination fee upon not more than thirty(30) days prior written notice and shall not exceed a term of three(3)years,subject to renewal by consent of both parties. 14.5. Right of First Refusal. The right of a unit owner to sell, transfer, mortgage or otherwise convey his interest in his unit shall be subject to any right of first refusal. 14.6. Consent of First Mortimees. This paragraph shall be effective only, if at the time this section would apply, at least one(1) unit is subject to financing. Any decision to terminate the condominium for reasons other than substantial destruction or condemnation of the property shall require the prior written consent of eligible mortgage holders, as defined in paragraph 14.7 hereof. Except for any amendment to the Declaration made by declarant in accordance with the provisions hereof, any amendment to the Declaration or Bylaws which changes any of the following shall require prior written consent of unit owners and eligible mortgage holders,or such greater requirements specified by the Act or hereunder: (a) voting rights; (b) assessments, assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of common elements; (d) responsibility for maintenace and repairs; (e) boundaries of any unit; (f) reallocation of interests in the common elements or limited common elements or rights to their use; (g) convertibility of units into common elements or limited common elements or rights to their use; (h) expansion or contraction of the condominium or the addition, annexation or withdrawal of property to or from the condominium; (i) insurance or fidelity bonds; 0) leasing of units; (k) imposition of any restrictions on a unit owners right to sell, 24. I .' T transfer or otherwise convey his unit; (1) a decision by the Association to establish self management when professional management had been required previously by an eligible mortgage holder; (m) restoration or repair of the condominium (after damage or destruction or partial condemnation) in a manner other than specified in this Declaration or the Bylaws; (n) any action to terminate the legal statue of the condominium after substantial damage or destruction or condemnation; or (o) any provisions that expressly benefit first mortgagees or insurers or guarantors of first mortgages. 14.7. Notice. Each first mortgagee and each insurer or guarantor of a first mortgage, upon written request stating its name and address and describing the unit encumbered by the first mortgage, held, insured or guaranteed,shall be entitled to timely written notification by the Association of(i) any proposed action which requires consent of first mortgagees; (ii) any condemnation or casualty loss that affects either a material portion of the condominium or the unit securing its first mortgage; (iii) any sixty (60) day delinquency in the payment of assessments or charges owed by the unit owner of the unit on which the first mortgagee held its first mortgage or in the performance of any obligation under this Declaration or the Bylaws by said unit owner; or(iv) any lapse,cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. Each first mortgagee who has requested the Association to notify it of any proposed action that requires the consent of eligible mortgage holders shall be considered "an eligible mortgage holder." With respect only to non-material amendments (which excludes items (a) to (o)of paragraph 14.6, such as for the correction of technical errors or for clarification,any first mortgagee who receives a written request by the Association, or any unit owner, to approve as addition or amendment to the Declaration or Bylaws who does not deliver or post to the requesting party a negative response within thirty(30)days shall be deemed to have approved such request. ARTICLE XV GENERAL PROVISIONS 15.1. Conflict with the Act; Severability. Should any of the terms, conditions,provisions, paragraphs or clauses of the Declaration conflict with any provisions of the Act, the provisions of the Act shall control unless the Act permits the Declaration to override the Act, in which event the Declaration shall control. The invalidity of any covenant, restriction condition, limitation, provision, paragraph or clauses of this Declaration, or of any part of the same,or the application thereof to any person or circumstance, shall not impair or affect in any 25. manner the validity,enforceability or effect of the rest of this Declaration, or the application of any such covenant, restriction, condition, limitation, provision, paragraph or clause to any other person or circumstances. 15.2. Interpretation of Declaration. Whenever appropriate singular may be read as plural, plural may be read as singular,and the masculine gender may be read as the feminine or neuter gender. Compound words beginning with the prefix "here" shall refer to this entire Declaration and not merely to the part in which they appear. 15.3. Captions. The captions herein are only for convenience and reference and do not define, limit or describe the scope of this Declaration, or intent of any provision. 15.4. Arbitration. In the event of a dispute between Unit owners which cannot be resolved among themselves, said dispute shall be submitted to an independent arbitrator. 26. • 4 IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed in its company name by its duly authorized officers and to be hereunto affixed the day and year above written. ELCO PROPERTIES A North Carolina Limited Liability Co. BY: Manager General ATTEST: Manager Operation NORTH CAROLINA, COUNTY I, a Notary Public of the Count and State aforesaid certify that , personally came before me this day and acknowledged he is the Manager Operation of ELCO Properties,a North Carolina Limited Liability Company, and that by authority duly given and as the act of the company, the foregoing instrument was signed in its name by its Manager General and attested by , as its Manager Operation. Witness my hand and official stamp or seal, this day of , 2003. My Commission Expires: NOTARY PUBLIC 27. { ` l7F W A T�R Michael F.Easley,Governor "�6 0 William G.Ross Jr.,Secretary �(,:)A M6 North Carolina Department of Environment and Natural Resources >_ Alan W.Klimek,p.E.,Director Q Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality August 4, 2003 Mr. Rondal F. Eller, Manager General ELCO Properties, LLC P.O. Box 931 Davidson,NC 28036 Subject: Permit No. SW8 030619 Gore's Landing Townhouses High Density Stormwater Project Brunswick County Dear Mr. Eller: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Gore's Landing Townhouses on July 31, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 030619 dated August 4, 2003, for the construction of Gore's Landing Townhouses. This permit shall be effective from the date of issuance until August 4, 2013, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty(30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh,NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter,please contact Laurie Munn, or me at(910) 395-3900. Sincerely, l� �V-- Rick Shiver Water Quality Regional Supervisor RSS/:Ism S:\WQS\STORMWAT\PERMIT\030619.aug03 cc: Phil Norris, P.E. Brunswick County Building Inspections Division of Coastal Management Laurie Munn Wilmington Regional Office Central Files N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service '' Wilmington Regional Office Wilmington,NC 28405 (910)350-2004 Fax 1 800 623-7748 NZ DE—NR State Stormwater Management Systems Permit No. SW8 030619 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO ELCO Properties, LLC Gore's Landing Townhouses Brunswick County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 4, 2013, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The stormwater control has been designed to handle the runoff from 34,937 square feet of impervious area. This pond must be operated with a vegetated filter. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. A permit modification must be submitted and approved prior to the construction of additional built-upon area from outside of the approved drainage area. 2 State Stormwater Management Systems Permit No. SW8 030619 DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Project Name: Gore's Landing Townhouses C 7 Permit Number: SW8 030619 Location: Brunswick County t,UG 0 7 2003 L DIVISION OF licant: Mr. Rondal Eller Mailing Address: ELCO Properties COASTAL MANAGEMENT P.O. Box 931 Davidson, NC 28036 Application Date: July 31, 2003 Receiving Stream/River Basin/Index #: Lumber/Big Gut Slouth/ 15-25-3 Classification of Water Body: "SA W H " Q Basin,Depth, feet: 1.6 Bottom Elevation, FMSL: 5.9 Drainage Area, acres: 2.76 Total Impervious Surfaces, ftz: 34,937 Offsite Area entering Pond, ft2: none,per Engineer Required Storage Volume, ft3: 5,197 Provided Storage Volume, ft3: 5,248 Temporary Storage Elevation, FMSL: 7.0 Controlling Orifice: n/a Soil Type: Sand Seasonal High Water Table: 3.2 Expected Infiltration Rate: 3.6" per hour Time to Draw Down, days: 0.17 3 State Stormwater Management Systems Permit No. SW8 030619 II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including,but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. The facilities shall be constructed as shown on the approved plans. This permit shall hecorne voidable unless the facilities are constructed in accordance with the conditions of this permit,the approved plans and specifications, and other supporting data. 7, Upon completion of construction,prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the appi'uved plans, including,but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures,built-upon area, details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. C. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 4 State Stormwater Management Systems Permit No. SW8 030619 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the'name, mailing address and phone number of the purchaser or leasee. An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property. 13. The permittee must maintain'compliance with the proposed built-upon area and ensure that the runoff from all the built-upon is directed into the permitted system. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. The permittee must maintain the current permitted drainage area. No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of owership, or a name change,the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 5 State Stormwater Management Systems Permit No. SW8 030619 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sedimeht Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 4th day of August, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 6 State Stormwater Management Systems Permit No. SW8 030619 Gore's Landing Townhouses Stormwater Permit No. SW8 030619 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date 7 State Stormwater Management Systems Permit No. SW8 030619 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. _`8. Vegetated slopes are no steeper than 3:1. __9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. All required design depths are provided. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections 8 A&K#03078 (IT:RTrp TTCR nVI V Date Received Fee Paid Permit Number 4 i (o O l U(o l State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name(specify the name of the corporation, individual, etc.who owns the project): ELCO Properties, LLC 2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance): Rondal F. Eller, Manager General 3. Mailing Address for person listed in item 2 above: P.O. Box 931 City: Davidson State: NC Zip: 28036 Telephone Number: (704)895-2323 4. Project Name(subdivision, facility, or establishment name—should be consistent with project name on plans, specifications, letters,operation and maintenance agreements, etc.): Gore's Landing Townhouses 5. Location of Project(street address): Gore's Landing Road City: Ocean Isle Beach County: Brunswick 6. Directions to project(from nearest major intersection): From the intersection of NC 904 and NC 179, turn left onto NC 179. Go 3.8 miles to Gore's Landing Road. Site is at the end of the road. 7. Latitude: 330 54' 07" Longitude: 780 25' 02" of project 8. Contact person who can answer questions about the project: Name: Phil Norris, P.E. Telephone Number: (910) 343-9653 H. PERMIT INFORMATION 1. Specify whether project is(check one): X New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number N/A And its issue date(if known) N/A 3. Specify the type of project(check one): _ _ Low Density X High Density Redevelop General Permit Other 4. Additional Project Requirements(check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION I In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages)describing stormwater management for the project. On site infiltration basin 2. Stormwater runoff from this project drains to the Lumber River Basin. 3. l otal Project Area: 2.76 AC 4. Project Built Upon Area: 29.15 % 5. How many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Big Gut Slough IS -Z - Receivum Stream Class SA }i �a i�.. D e Area 68,118 SF/ 1.56 AC Existing Impervious * Area 0 Proposed Impervious*Area 34,937 SF/0.8 AC Impervious*Area(total) 51.29% Impervii Surface Area Drainage Area 1 Drainage Area 2 On-site Bi i;Wings 9,256 SF/0.213 AC On-site Sty,;i: 0 On-site Parking 25,681 SF/0.59 AC nn-site Sit e.w-slks 0 Other on-site 0 Off site _ 0 Total: 34,937 SF/0.8 AC Total: *.impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas Sidewalks, gravel areas, etc. =orm .1JW1J.101 Version 3.99 Page 2 of 4 7. How was the off-site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the Consent of the State. 2. No more than U,937 square feet of arty lot shall be covered by structures or impervious materials. Impervious materials include asphalt,gravel, concrete, brick stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the status and availability of these forms. Form SW-102 Wet Detention Basin Supplement Form SW-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SW-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form Initials • One copy of the applicable supplement form(s)for each BUT Permit application processing fee of$420(payable to NCDENR) Detailed narrative description of stormwater treatment/management Two copies of plans and specifications, including: 1� - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number&date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours,proposed contours, spot elevations, finished floor elevations - Wetlands delineated, or a note on plans that none exist - Existing drainage(including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers(where required) VCI. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. J. Phillip Norris, P.E. Designated agent(individual or firm): Andrew& Kuske Consulting Engineers, Inc. i4ailing Address: 902 Market Street City: Wilmington State: NC Zip: 28401 Phone: (910) 343-9653 Fax: (910) 343-9604 VM. APPLICANT'S CERTIFICATION I; (,print or type name ofperson listed in General Information, item 2) Ronda l F E i l Pr, MPmhPr Peneral, Ccrtify that the information included on this permit application form is,to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans,that the required deed restrictions and protective cov w recorded, and that the proposed project complies with the requirements of 15A NCAC 2H.1000. Signature: Date: _1-� Form SWU-101 Version 3.99 Page 4 of 4 A&K#03078 Permit No. q b Q "K L i State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Gore's Landing Townhouses Contact Person: Phil Norris, P.E. Phone Number: (910) 343-9653 This worksheet applies to: Basin No. 1 in Drainage Area 1 (as identified on plan) (from Form SWU-101) H. DESIGN INFORMATION—Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level(finsl). Soils Report Summary Soil Type Sand Infiltration Rate 3.6 In/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 3.2 finsl (Seasonal High Water Table elevation) Basin Design Parameters Design Storm 1.5 inch (1.5 inch event for SA waters, 1 inch event for others) Design Volume 5,197 c.f. Drawdown Time 0.17 Days Basin Dimensions Basin Size Irregular ft. x Irregular ft. = 4,369 sq. ft (bottom dimensions) Basin Volume Provided 5,248 c.f. Basin Elevations 5 q Bottom Elevation 6-8' finsl Storage Elevation 7.0 fins] Top Elevation 7.5 finsl Form SWU-103 Version 3.99 Page 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999)and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form,the agent may initial below. If a requirement has not been met,attach justification. Applicants Initials �l a. System is located 50,feet from class SA waters and 30 feet from other surface waters. Gf� b. System is located at least 100 feet from water supply wells. C. Bottom of system is at least 2 feet above the seasonal high water table. ffj d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. f' e. System is not sited on or in fill material DWQ approval has been obtained. f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. g. Drainage area for the device is less than 5 acres. _ h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall(1.5 inch event for areas draining to SA waters). Design volume and infiltration calculations attached. j. System is sized to take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. Calculations attached. Jl, k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). — 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches. or dense vegetative cover is provided n. Vegetated filter is provided for overflow and detail is shown on plans(Required minimum length is 50 feet for SA waters, 30 feet for other waters o. Flow distribution mechanism within the basin is provided. p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. _ q. Runoff in excess of the design volume bypasses off-line systems(bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw-down calculations are attached. s. Plans ensure that the installed system will meet design specifications(constructed or restored)upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Version 3.99 Page 2 of 3 W. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT l. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately,re-seed as necessary to maintain adequate vegetative cover,mow vegetated cover to maintain a maximum height of six-inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75%of the original design depth. The system shall be restored to the original design depth without over-excavating. Over-excavation may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality(i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads 0. 75 feet in the pretreatment unit,the sediment shall be removed from both the pretreatment unit and the infdtration basin. 5. If the Division determines that the system is failing,the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Rondal F. Eller, Manager . General Address: P.O. Box 931 Davidson, NC 28036 Phone: 7 0 4- 9 5-2 3 2 3 Date: Signature: Note. The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. 11 r;A." "rYl. CD [t rK a r ,a Notary Public for the State of fXor+l%. e G von i na, County of •'J.Cuj j4k1%ov<r ,do hereby certify that 0,_,da I ;:. y II,Gr personally appeared before me this n of J�n,t „ a oc��, and acknowledge the due execution of the foregoing infiltration �Q• nce requirements. Witness my hand and official seal. 1 My commission expires 10-10-01 G S't Ature - Z� PUBLIC i '•ee 44,o -1 Version 3.99 Page 3 of 3 V ER•K 0 Pe111 btate os Nortn uarollena ,)Department of Environment and Natural Resources A&4 Wilmington Regional Office Division of Land Resources Land Quality Section NCDENR Michael F. Easley, Governor NORTH CAROLINA DEPARTMENT OF William G. Ross Jr., Secretary ENVIRONMENT AND NATURAL RESOURCES July 8, 2003 LETTER OF APPROVAL Elco Properties LLC Mr. Randal F. Eller, Manager General P.O. Box 931 Davidson, NC 28036 Project Name: Gore's Landing Townhouses Project No.: BR-03280 Location: Gore's Landing Road - Brunswick County River Basin: Lumber Submitted by: Andrew & Kuske Date Received: June 24, 2003 New Submittal Dear Mr. Eller: This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3)years following the date of approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4i3.0029. Please be advised that Title 15A, of the North Carolina Administrative Code, 46.0018(a) requires that a copy of the approved plan be on file at the job site. Also, you should consider this letter to give the Notice required by GS 113A-61(a)approved plan. The last pages)which lists approval comments should be copied and attached to the sedimentation and erosion control plan that is maintained on site. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If,following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and its implementation to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with federal and state water quality laws, regulations, and rules. In particular, if wetlands are effected by this land disturbing activity, the provisions of the Clean Water Act as mandated by the Environmental Protection Agency must be adhered to. In addition, local city or county ordinances or rules may also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please be aware that this project will be covered by the enclosed general storm water permit NCG01000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone 910-395-3900 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer s ,. '� >`�:>'', °� �S " : , � �;; :a .. ,.. ,. _. fi ,: _ ,: , ,. p � { .t ,� M. Mr. Randall F. Eller July 8, 2003 Page Two Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form which you provided . You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. We look forward to working with you on this project. If you have any questions, please contact our office. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DES/bfr cc: J. Phillip Norris; Andrew & Kuske WiRO-LQS Development Type FEE DCM% DWQ o0 (14300 1601 435100053 1625 6253) (24300 1602 435100095 2341 I. Private,non-commercW develo men t that does not involve the ing or excavation of any S250 100.;(S250) 096(SD) Hands or open water areas: b; II. Public or commercial development , that does not involve the filling or excavation of any wetlands or open 5400 100%(5400) water areas: �0(�) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C.or D �e below applies HIM For Private,non-commercial development,If General water Quality s Certification N6.3301(see attached) 5250 100%(S250) can be applied: 0%(SD) ,c 111(B): For public or commercial development,if General water Quality Certification No.3301(see attached) $400 100%(S400) 0.1 (SO) can be applied: Iil(C). If General Water Quardy Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and S400 60%(S240) written DWO concurrence is needed 40%($160) because of concerns related to water quality or aquatic-(ifs Ill(D). If General Water Quality Certification No.33D1(see attached) $400 60%(S240) can not be applied: 4D%($16o) IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or 5475 50%(S265) 40%(S190j open water areas: CEP 8 2003 ,)w.c*coAvk%WAGEM 1 4ALSOO NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt Legal Advertisement Section Post Office Box 2558 Shallotte, North Carolina 28459 Re: Public Notice - ELCO Properties/ Ron Eller Gore's Landing Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, September 11, 2003, 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 an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Si erely, cojQl\ Cam. �40Linda Painter Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004 \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 14, 2003. According to said application, ELCO Properties, LLC/Ron Eller, at the end of Gore's Landing Road, adjacent to the AIWW in Bent Tree Plantation, Brunswick County proposes to build an eight-unit condominium complex and associated 10 slip, community pier. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to October 2, 2003, 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. Al _�6a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary September 5, 2003 ELCO Properties c/o Mr. Ron Eller P. O. Box 931 Davidson, NC 28036 Dear Mr. Eller: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed of property located at 1777 & 1779 Gore's Landing Road, in Bent Tree Plantation, in Brunswick County. It was received as complete on July 14, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 27, 2003. 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 July 1, 2003,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. Sincerely, cc: Doug Huggett, DCM E. F. Brooks Jim Gregson, DCM Field Representative Connie Marlow, LPO Henry Wicker, COE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper r 1 -1 No I I (00� ] IMA CAMA PERMIT AP Llg= F PROJECT: an e � - ION it irancIC2 m A hu"" dome �[ a QSSor-, � O S i n s w.u.r.� D'�rr Q ' COMMENTS ACCEPTED THROUGH ko)OCC 2. 1 Z003 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: o � Ecl o0 ks C/o lZon a ire,c- 117 Co„r��- I Y o Bois 931 1jG �ay�clson ��. Z5?03�6 � 4Ndt COMPL E TE THIS SEC TION • • ON DELIVERY ■ Complete items 1,2,and 3. -^.Iso complete Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse , ❑Addressee so that we can return the card to you. B.9eceived by(Panted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is deli ry:a %:,,,� t from item 1? ❑Yes if Y r m �ress below: ❑ No 3. Service TyZ7:' pQ ❑Certified Mail ❑Express Mail TLOL� ( ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 70F''2 2410 0006 2355 8234 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 SENDER: COMPLETE THIS SECTION COMPLFTE THIS ON ON DELIVF RY ■ Complete items 1,2,and 3.Also complete A. ig t 4«. item 4 if Restricted Delivery is desired. ❑Agent � L-'' ■ Print your name and address on the reverse X dressee A' so that we can return the card to you. B. Received b anted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 7 - J3 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes if YES,enter delivery address below: ❑No 40 A)'l 3. Service Type El Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7002 2 410 0006 2355 8241 PS Form 381 1,August 2001 Domestic Return Receipt 2ACPRI-03-P 4081 w AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT made this 2nd day of September 2002 by and between RONDAL F. ELLER OR ASSIGNS ("Buyer"),and JOHN H. GORE ("Seller"). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": (Address)_._ 1777 & 1779 GORES LANDING ROAD-- ONE ( 1) PARCEL (Legal Description/Description) 2 . 76 ACRES RECORDED IN BOOK 72 , PAGE 61, BRUNSWICK COUNTY REGISTER OF DEEDS ❑ If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference as if fully set forth herein,together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property,if any,itemized on Exhibit A. $ 630 , 000 , 00 (b) "Purchase Price" shall mean the sum of SIX HUNDRED AND THIRTY THOUSAND Dollars, payable on the following terms: S 5 , 000 . 00 (i) "Earnest Money" shall mean FIVE THOUSAND Dollars or terms as follows: Upon acceptance of this contract, the Earnest Money shall be promptly deposited in escrow with COLDWELL BANKER / SLOANE REALTY / DARLIINE ANUSZEWSKI (name of person/entity with whom deposited),to be applied as part payment of the purchase price of the Property at the time sale is closed,or disbursed as agreed upon under the provisions of Section 9 herein. ❑ THE EARNEST MONEY IS TO BE DEPOSITED IN AN INTEREST BEARING ACCOUNT, TO BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT THE TIME SALE IS CLOSED, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 9 HEREIN. 03. (1 OF 6)REALTOR NORTH CAROLINA ASSOCIATION OF RLAI T0IZS ,INC. NCAR FORM#580 Copyright C1999 This form produced try F0rMUJ2ffC0r Foans Software 0 600-336-1027 Printed On:Thursday,August 22,2002 16:01:11 w S _ N/A 00 Proceeds of a new Loan. in the amount of Dollars for a term of years, at an interest rate not to exceed % per annum ►►ith mortgage loan discount points not to exceed % of the loan amount; Buyer shall pay all costs associated with any such loan. $ N/A (iii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over months in equal monthly installments of principal, together with.accrued interest on the outstanding principal balance at the rate of percent( %)per annum,with the first principal payment beginning on the first day of the month next succeeding the date of Closing. At any time,the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. A partial prepayment will be credited against the next installment of principal due.In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies will be limited to foreclosure of the property. $ — N/A (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property,such obligation having an outstanding principal balance of S and evidenced by a note bearing interest at the rate of percent(—%)per annum,or $ 625,000.00 (v) Cash at closing in the amount of SIX HUNDRED AND TWENTY—FIVE- THOUSAND Dollars,balance of Purchase Price. (c) "Closing" shall occur on or before FEBRUARY 15, 2003 or THIRTY(30) DAYS FROM THE "BUYERS" RECEIPT OF APPROVALS AND PERMITS FROM BRUNSWICK COUNTY AND THE APPROPRIATE.AUTHORITIES FOR SEPTIC SYSTEM, STORM WATER RUN. -OFF TIME IS NOT OF THE ESSENCE. (d) "Broker(s)" shall mean: COLDWELL BANKER / SLOANE REALTY ("Listing Agency"), DARLENE ANUSZEWSKI ("Listing Agent") Acting as: M Seller's Agent; ElDual Agent and R.F. ELLER BROKER #133896 ("Selling Agency"), R.F. Eller ("Selling Agent"). Acting as: ®Buyer's Agent; ❑Seller's(Sub)Agent; ❑Dual Agent (e) "Examination Period" shall mean the period beginning on the date hereof and extending through _ N/A or 180 DAYS FROM FULL ACCEPTANCE OF THIS CONTRACT BY (2 OF 6) NCAR FORM#580 Copyright C1999 TNs loan produced by Fonnulntor'Fo m:Software v3 80473E-1a27 i w (f) "Intended Usc" hall mean the.use of the Property for,the following.purpose:_r—_ RESIDENTIAL / MULTI—FAMILY (g) "Seller's Notice Address" shall be as follows: JOHN H. GORE 1721 GORE LANDING RD SW UULAN ISLE hihACH, NC - except as same may be changed pursuant to Section 10. (h) "Buver's Notice Address" shall be as follows: R.-F. ELLER - - P.O. BOX 931 except as same may be changed pursuant to Section 10. lg (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. Section 2. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes, leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B,if any,shall be prorated as of the date of Closing.Seller shall pay deed stamps and other conveyance fees or taxes,and Buyer shall pay recording costs,costs of any title search,title insurance,survey and Section 3.Sale of Property: Seller agrees to sell the Property for the Purchase Price set forth on page 1. Section 4.Payment of Purchase Price: Buyer shall pay the Purchase Price in accordance with all the terms and conditions of this contract. Section 5.Title: Seller agrees to convey fee simple marketable title to the Property by general warranty deed,subject only to the exceptions hereinafter described.Seller represents and warrants that Seller is the fee simple owner of the Property, and at Closing, Seller shall deliver to Buyer good and marketable fee simple title to said Property, free and clear of all liens,encumbrances and defects of title other than zoning ordinances affecting the Property,utility easements of record serving the Property, taxes not yet due and payable, road rights-of-way of record and.those other encumbrances, reservations, restrictions and easements and other exceptions set forth on Exhibit C attached hereto ("Permitted Exceptions"). Section 6.Conditions:This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment(or waiver by Buyer)of the following conditions: (a)New Loan: The Buyer must be able to obtain the loan,if any,referenced in Section l(bXii).Buyer must be able to obtain a firm commitment for this loan on or before effective through the date of closing.Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision. (3 OF 6) NCAR FORM#580 Copyright 01999 n,s iDMI Produced tv F0r77JU1nrUe Forma Satams v!t00-3344027 (b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the PurchaseTYI'6e,Buyer agrees to'use its best efforis'fo'qualify-for the assumption.Should Buyer fait to qualify;Buyer shall notify Seller in writing immediately upon lenders decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money. (c) Title Examination: After the date of execution of this Agreement by Seller, Buyer shall,at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period,as defined in Section 1(e). In the event that such title examination shall show that Seller's title is not good,marketable,fee simple and insurable,then the Buyer shall immediately notify the Seller in writing of all such title defects and exceptions,as of the date Buyer learns of the title defects, and Seller shall have thirty (30)days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, the Buyer may terminate this Agreement and receive a return of Earnest Money(notwithstanding that the Examination Period may have expired).If Buyer is to purchase title insurance,the insuring company must be licensed to do business in the state in which the property is located. Title to the Property must be insurable at regular rates,subject only to standard exceptions and Permitted Exceptions. (d) Intended Use: Seller represents and warrants that,to the best of Seller's knowledge, use of the Property for its Intended Use will not violate any private restrictions or governmental regulations. If Buyer determines,prior to the date of Closing, that use of the Property for its Intended Use will violate any such private restrictions or governmental regulations, then Buyer may terminate the Agreement by written notice and receive a return of the Earnest Money, and neither party shall then have any further obligations in connection with this Agreement. (e) Same Condition: If the Property is not in substantially the same condition as of the date of the offer, reasonable wear and tear excepted,then the Buyer may terminate the Agreement and receive a return of the Earnest Money. (f) Insaections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours,shall have the right to enter upon the Property for the purpose of inspecting,examining,performing soil boring and other testing,conducting timber cruises,and surveying the Property. Buyer shall also have a right to review and inspect all leases, contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller as relate directly to the operation and maintenance of the Property.Buyer assumes all responsibility for the acts of itself,its agents or representatives in exercising its rights under this Paragraph and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. Except as provided in Section 6(c)above, Buyer shall have from the date of acceptance through the end of the Examination Period to perform the above inspections, examinations and testing to determine if the Property is suitable for the Intended Use. If, prior to the expiration of the Examination Period, Buyer determines that the Property is unsuitable, in Buyer's sole discretion, and provides written notice to Seller thereof,then this Agreement shall terminate,and Buyer shall receive a return of the Earnest Money. Section 7. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal within the buildings or on the Property of hazardous or toxic waste or substances,which are defined as those substances, materials, and wastes, including but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table(49 CFR 172.101)or by the Environmental Protection.Agency as hazardous substances (40 CFR Part 302)and amendments thereto,or such substances,materials and wastes,which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is(i)petroleum,(ii)asbestos,(iii)polychlorinated biphenyls,(iv)designated as a Hazardous Substance pursuant to Section 331 of the Clean Water Act,33 U.S.C.Sec. 1251,et.sea.(33 U.S.C. 1321)or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Sec. 1371) (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C.Sec.6901,et.sea. (42 U.S.C. Sec. 6903)or(vi)defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.See. 9601, et.sea. (42 U.S.C.9601). Seller further states that it has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts,and it has no reason to suspect that such use or disposal has occurred,either during or prior to its ownership of the Property. (4 OF 6) NCAR FORM #580 Copyright C 1999 This lortn produced t.,Fvrmu/HtD!'Formc SdMrars V3 100.11e-1027 Section 8.Risk of Loss/Damage/Repair:Until the Closing,the risk of loss or damage to the Property,except as otherwisc provided herein,shall be borne by Seller.In the event the Property is damaged so that the Property cannot be conveyed in substantially the same condition as it was prior to Closing,Buyer may elect to terminate this Agreement,and the Earnest • Money"shall-be.returned to the Beyei.•Except as'to'-maintaining the`PropefN ih-its sane condition,•Seller shall`hare no' responsibility for the repair of the Property,including any improvements,unless the parties hereto agree in writing. Section 9.Earnest Money Disbursement:In the event this offer is not accepted,or in the event that any of the conditions hereto are not satisfied,or in the event of a breach of this Agreement by Seller,then the Earnest Money shall be returned to Buyer,but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker,the broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Section 10. Closing: The Closing shall consist of the execution and delivery by Seller to Buyer of a General Warranty Deed and other documents customarily executed by a seller in similar transactions,including without limitation,an owner's affidavit, lien waiver forms and a non-foreign affidavit and the.payment by Buyer to Seller of the Purchase Price in accordance with the terms of the Purchase Price. At Closing,the Earnest Money shall be applied as part of the Purchase Price or as otherwise provided in Section 1(b)(i). The Closing shall be held at the office of Buyer's attorney or such other place as the parties hereto may mutually agree.Possession shall be delivered at closing,unless otherwise agreed herein. Section 11.Notices:Unless otherwise provided herein,all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail,registered or certified, return receipt requested,to the addresses set out in Section 1(g)as to Seller and in Section 1(h)as to Buyer,or at such other addresses as specified by written notice delivered in accordance herewith. Section 12.Entire Agreement:This agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. Section 13.Adverse Information and Compliance with Laws: (a)Seller Knowledge: Seller has no knowledge of(i)condemnation(s)affecting or contemplated with respect to the Property;(ii)actions,suits or proceedings pending or threatened against the Property; (iii)changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no. owners'association special assessments,except as follows: NONE (Insert "None" or the identification of such assessments,if any). Seller shall pay all confirmed owners'association assessments and all confirmed governmental assessments,if any,and Buyer shall take title subject to all pending assessments,if any, unless otherwise agreed as follows: (b)Compliance: To the best of Seller's knowledge and belief, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property;_(ii)performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii)there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action,suit or other proceeding. (5 OF 6) NCAR FORM#580 Copyright®1999 ,:i, .n:.,: b Fol7Huleto/'FamcSdArseN!800-37e-1027 Section 14. Survival of Representations and Warranties: All representations,warranties,covenants and agreements rnade by the parties hereto shall survive the Closing and delivery of the deed Seller shall,at or within six (6)months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other. documents and instruments, and take such other action as Buyer may reasonable re,,uest or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. Section 15. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located Section 16. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange to connection with the conveyance of the Property,Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange,and provided further, that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents,at no cost to the non-exchanging party,as shall be required to give effect to this provision. THIS DOCUMENT IS A LEGAL DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL CONSEQUENCES THAT COULD BE ENFORCEABLE IN A COURT OF LAW. THE NORTH CAROLNA ASSOCIATION OFREALTORS(k) MAKES NO REPRESENTATIONS CONCERNING THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE TRANSACTION TO WHICH IT RELATES, IF YOU DO NOT FEEL THIS DOCUMENT MEETS YOUR NEEDS, YOU MAY WISH TO CONSULT YOUR ATTORNEY. BUYER- SELLER: ividual Individual � (SEAL) l j'r � (SEAL) Date: / ��� -, ��� Date: 0 (SEAL) 144, , -.aLr (SEAL) Date: Date: 9- .0 tr—s Z Business Entity Business Entity (Aame of Firm) (Name of Firm) By: (SEAL) By: (SEAL) Title: Title: Date: Date: The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. BANKER / SLOANE REALTY (N Date: m e of Firm) (6 OF 6) NCAR FORM #580 Copyright C1999 n.b,,,auavva w�+nolstae'r-�„„sontr..� toga,.-test Orom.d On Thuratlay.AYuuat 22 21M7 14 n1 1�