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.
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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.
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(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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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(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
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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)
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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
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,: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
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