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HomeMy WebLinkAboutSW8070232_HISTORICAL FILE_20160225 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 MOA��� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD Pusey, Steven From: NC Platinum Properties <ssgroup316@gmail.com> Sent: Friday, February 12, 2016 11:20 AM To: Pusey, Steven Subject: Re: The Village at Cypress Bay Attachments: VCB Amendment 2-10-2016.pdf Steve, Please see attached amended covenants to reflect the correct permit number for the Village at Cypress Bay. Do I need to mail you a hard copy to finalize this transfer? Thanks On Thu, Feb 4, 2016 at 2:03 PM, Pusey, Steven <steven.pusevPncdenr.gov> wrote: Sean, I visited the Village at Cypress Bay today. It's been raining a lot lately and there was some flooding in the road in a low area. The stormwater pond was overflowing slightly but looked basically in compliance. However, as I reviewed the recorded deed restriction document, I noticed what appears to be a mistake. The document states "The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070723 MOD, as modified and issued by ..." The aforementioned permit number SW8 070723 is for an entirely different permit, not for this site. The permit number should be SW8 070232. Can you please have this document amended and recorded again. Once this has been done, I can then transfer the permit. Thanks, Steve i Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7334 direct steven.pusey(oDncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 L'ne.ye Minrru! and fund Rrsou.zcs Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.. Before printing this email, please consider your budget and the environment. Sean Scanlon Natural Resource Advisors, LLC Managing Partner Platinum Properties USA, LLC www.ncplatinum.com PO Box 319 Wrightsville Beach, NC 28480 2 1: 1 PAT MCCRORY M, Gnvemnr ?;a DONALD R. VAN DER VAART Secrvioy Energy,Mineral and Land Resources TRACY DAVIS ENVIRONMENTAL QUALITY Director February 5, 2016 Michael Merritt, Member/Manager Snow Creek Group, LLC 38 Pelican Drive Wrightsville Beach,NC 28480 Subject: Notice of Inspection—Not Compliant The Village at Cypress Bay State Stormwater Management Permit No. SW8 070232 Brunswick County Dear Mr. Merritt: Effective August 1, 2013,the State Stormwater program was transferred from the Division of Water Quality(DWQ)to the Division of Energy, Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August I, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009,the Govemor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes,which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3)years from its current expiration date. On August 2, 2010,the Governor signed Session Law 2010-177, which granted an extra year for a total of four(4)years extension. Accordingly, the Division is herewith notifying you that the subject permit is now effective from the date of issuance until July 11, 2021, which includes all available extensions. On February 4,2016,the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected The Village at Cypress Bay, located in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070232. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Amend and record deed restrictions with the correct permit number referenced. Please be advised that until you submit the required Name/Ownership Change Form to the Division and receive approval from the Division to transfer the permit,you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. State ofNortM1 Carolina I Environmental Quality I Energy,Mineal and Land Resources 127 Cardinal Drive Extension I Wilmington,NC 29405 910 796 7215 T 1 910 350 2004 F I bnv://D9nal,ncdem QrgL.e //Ir/ State Stormwater Permit No. S W8 070232 Page 2 of 2 Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies,within 30 days or by March 5,2016, are considered violations of the permit. if the requested information is not submitted to this office by the due date,then DEMLR staff will re-inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. If you have any questions,please contact me at the Wilmington Regional Office,telephone number (910)796-7215 or via email at steven.pusey@ncdenr.gov. Sincerely, Steven G. Pusey Environmental Engineer Enc: Compliance Inspection Report ! GDS\sgp: \\\Stormwater\Permits&Projects\2007\070232 HD\2016 02 CEI_deficient 070232 cc: Sean Scanlon, Snow Creek Group, LLC—Member/Manager Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina Environmental Quality I Energy,Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 T 1 910 350 2004 F I morHoortalmodem.or we /h Compliance Inspection Report Permit: SW8070232 Effective: 06/20/08 Expiration: 07/11/21 Project: The Village at Cypress Bay Owner: Snow Creek Group LLC County: Brunswick Actress: 340 Goodland Rd Region: Wilmington City/State/Zip: Leland NC 28451 Contact Person: Michael L Merritt Title: Phone: 910-616-1000 Directions to Project: From intersection of US74/76 and Hwy. 17,go south on Hwy. 17 to Snowfield Rd.Turn east on Snowfield Rd.and follow to Goodland Rd,then follow Goodland Rd approx 0.3 miles to site on north. Type of Project: State Stormwater-HD-Detention Pond State Stormwater-Low Density Drain Areas: 1 -(Town Creek(Rattlesnake Branch)) (03-06-17)(C;Sw) OnSite Representative(s): Related Permits: Inspection Date: 02/04/2016 Entry Time: 11:OOAM Exit Time: 12:OOPM Primary Inspector: Steven G Pusey Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater - Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) page: 1 Permit: SW8070232 Owner-Project: Snow Creek Group LLC Inspection Date: 02/04/2016 Inspection Type Transfer Renewal Reason for Visit: Routine Inspection Summary: In order to bring this project into compliance, the following actions need to be taken: The deed restrictions need to be amended to correct the permit number which should be SW8 070232.After the permit is amended, it should be recorded with the County and a copy of the recorded document needs to be submitted to this Office. File Review Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑ Signed copy of the Operation 8 Maintenance Agreement is in the file? ® ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ® ❑ ❑ Comment: Deed restrictions need to be amended to show the correct permit number. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ® ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ® ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? ® ❑ ❑ ❑ Comment: Only one house is built. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWO upon request? Comment: page: 2 Completeness Review Checklist Project Name: V i��r�« g C„4 p �j Received Date: Project Location: Accepted Date: ( Cc� ') ZA) lS Rules) ®2008 Coastal ®1995 Coastal ®Phase II (WiRO.) ®Universal ��Elg1988 Coastal Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): b"70 q32 p_pPE Cert on File? Density: HD or LD Type: Commercial or Residential ®NCG: %: _®(%OK?) Stream Class: ®SA Map ®Offsite to SW8 Subdivided?: Subdivision or Single Lot 7F 1ORW Map Exempt Paperwork Emailed Engineer on: �- ®Supplement(s) (1 original per BMP) BMP Type(s): ®O&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) ZJLs� pplication with correct/original signatures ed ®Corp or LLC: Six. Auth. per SoS or letter ®Email Address. esign Engine-Qr 2 ®$505 (within 6mo) TK�vsr�rL ®Email Address: Owner ®Soils Report with SHWT Note to Reviewer: ®Calculations (signed/sealed) co ®No obvious errors t , ®Density includes common area/,�tk J� fy 19uA, �?3�of� 1� 2 S-Z / = ®Deed Restrictions, if subdivided: ®Signed & Notarized ®Correct Template (Comm/Res& HD/LD) or Dec. Covenants & Rest. t Plans 132 Sets ®Details (roads, cul-de-sacs, curbs,sidewalks, BMPs, Buildings, etc) ^� ®Grading ®Wetlands: Delineated or No Wetlands ( r C ®Vicinity Map ®Layout (proposed BUA dimensions) f/ 0Legend ®DA Maps ®Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report ®PE Cert for Master Lot#: SHWT: SHWT: ®Deed Rest for Master ®Lot# Matches Master Bottom: ®PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA (sf) DA(sf) PP (el) SHWT(el) Depth (ft) SA(sf) r 11-4-2015 Mr. Steve Pusey F` NCDENR Wilmington Division DEC 0 8 2015 Sean Scanlon BY'----- PO Box 319 Wrightsville Beach, NC 28480 RE: Village at Cypress Bay Permit Transfer Package #SW8 070232 MOD Steve, Thank you for taking the time with me yesterday to go over the checklist for transferring of permits and identifying some of the most immediate items to be addressed. Please see attached checklist with associated required items with the intent to; a) request an inspection; b) transfer the permit to the existing Owners Association. I reviewed the file and did not see any past transfer regarding this permit, so 1 DID NOT include the $40.00 transfer fee. If I am incorrect, 1 will be happy to run a check over as to not slow down the process. As we discussed, the Sister Community to the Village is Cypress Bay at Maritime Shores Permit#SW8 060270 MOD,which may have been modified from the original plans submitted by Cape Fear Engineering, but not noted in your file. I am hopeful my new engineer will be able to utilize the existing recorded plats for this small change as well as utilize the plans on file at your office as part of any required revision. Jeff Petroff with Coastal Land Design is assisting us on getting through the final permit transfer to the Owners Association. I will await your reply about how to move ahead on that one. Thanks again for your assistance and if possible, 1 would like to join whomever will be reviewing the site to be sure I understand the process in its entirety and immediately address any issues. Sean Scanlon RE C E I Snow Creek Group, LLC GEC Q $ C0.15 Member-Manager IIIIIIIIIIIIIIIIIIIIIIITOIIIIIIIII PROW Clemo10:16,000 Brunswick County, NC Register of Deods page t s, 4 Qi `Refund: ❑ Ces:;. Finance atop saocc7r�n;s,e ofon iaeyCmowetogndition ginal,l. - `�CumBnfgrtao;,,?4 AMENDMENTTO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR CYPRESS BAY AT MARITIME SHORES AND THE VILLAGE AT CYPRESS BAY (Correction to BK-3714 PG-1066 dated 12-04-15) Prepared by:S.D.Scanlon PO Box 319,W nghlsvdle Beach,NC 28480 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK WITNESSETH WHEREAS,SNOW CREEK GROUP, LLC,a limited liability company organized and existing under and by virtue of the laws of the state of North Carolina (hereinafter referred to as"DECLARANT"),heretofore executed that certain Protective Covenants of Cypress Bay at Maritime Shores and caused the same to be recorded in Book 2393,Page 785,et seq., in the Brunswick County Registry,as amended by that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2414, Page 284,et seq., in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2816,Page 1275,et seq., in the Brunswick County Registry,and annexed thereto certain additional property known as"The Village at Cypress Bay" in Book 2506, Page 1344 et seq.,in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2506, Page 11111111111111111111911111111111111er of 11 Deeds Page 2 nsf?4PR�P 1346, et seq., in the Brunswick County Registry, and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2652, Page 1369,et seq., in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 3688, Page 0267,et seq., in the Brunswick County Registry, (with all amendments thereto, including, without limitation, those listed above,herein referred to as the Protective Covenants"); WHEREAS, in Article 12,Section 2 of the Protective Covenants, the DECLARANT reserved the right to amend the Protective Covenants in its discretion for the purpose of correcting and/or modifying situations or circumstances which may arise during the course of development provided that the same do not alter the general or common scheme of development for the property: and NOW,THEREFORE,in accordance with its rights under Article_12,Section 2 of the Protective Covenants as follows: 1. Article_$,Section_(ce),$ection_(n), is hereby deleted in its entirety and is replaced with the following text which is adopted and enacted in lieu of and in place instead thereof: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number_SW8 060270 as modified and issued by the Division of Water Quality under NCAC 2H.1000 for the Cypress Bay at Maritime Shores Subdivision. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to storm water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built-upon area per lot is 4,400 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. 00 Brunswick Coun�� NC Registe B3ends M.0Cl mr of Deeds Page 3�s�z4PROP Once obtained, DECLARANT shall transfer the above-described permit and the responsibility for maintenance of the stormwater runoff system and facility to the Association. The Association shall accept conveyance and transfer of such permits and carry out and abide by the duties and obligations contained therein. Article 8, Sec[ion_(e_e),Section_(ii), also includes the following text pertaining to the Village at Cypress Bay NCDENR Stormwuter Permit HSW8 070232: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070232 as modified and issued by the Division of Water Quality under NCA C 2H.1000 for the Village at Cypress Bay. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 8. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 9. The maximum allowable built-upon area per lot is 4,250 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 10, All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. Once obtained, DECLARANT shall transfer the above-described permit and the responsibility for maintenance of the stormwater runoff system and facility to the Association. The Association shall accept conveyance and transfer of such permits and carry out and abide by the duties and obligations contained therein. EXCEPT AS AMENDED HEREIN, the Protective Covenants is ratified and confirmed by Declarant and shall be and remain in full force and effect. IIII II IIII III II I I Illill II III IN I III 63135 Paa6?m ons-25 PROP Brunswick County, NC Register of Deeds page 4 of 4 This the day of / /G7/lt� . 2016 IN WITNESS WHEREOF, the DECLARANT has caused this amendment to be executed by its duly authorized manager the daffy and year first above written. SNOW RC c; OUP C Bye me: ra -lon e: Manager STATE. OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated: SEAN SCANLON, MANAGER, SNOW CREEK GROUP,LLC Date:c,q: 9—.M4' Notify Public's signature 1j Notary's Printed Name: i/1dcd 0,41 (DCUtX My Commission Expires: l 6 I V? I f 9 OFFICIAL SEAL Notary Public,North Carolina wunty o(Bmnswiok —�. LINDA GAL.OW Y tdy Commission Expires!o jiq i8 _ � I� IIII III II III 83114 P306612"s g:a1.,].Goo gra A. Gammons PROP a,Cnly, NC Raglatar of Deeds page 1 of 1 Pn�l a.►-1U 1t:� Total Ra, lnt . � .;fund: 1;9'.h'i _FII!ante__ rr�� ein.:c i.::p;6m..aoNdi000 ' ���( (���-+'O ❑D:CunwNmmai:rs�_$w;'ef 9Y orpmal �O�p ° ir^wunent Lna,canroi wicttn:uuq ormgeD. AMENDMENTTO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR CYPRESS BAY AT MARITIME SHORES AND THE VILLAGE AT CYPRESS BAY ��,,++µ�33•FJ Non rightsvBle Beach,NC 28a80 STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK d WiTNESSETH WHEREAS,SNOW CREEK GROUP,LLC,a lim' ility company organized and existing under and b e of �, a e North that certain (hereinafter referred to p Cd.�b heretofore executed that certain Protective Covenants of ypress Bay at Maritime Shores and caused the same to be recorded in Book 2393,Page 785,et seq.,in the Brunswick County Registry,as amended by that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2414,Page 284,et seq.,in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Pro?Fri.ve Covenants of Cypress Bay at Maritime Shores also execu a&I ant and recorded in Book 2816,Page 1275,et s .,i c County Registry,and annexed thereto certain additions�} known as"The Village at Cypress Bay"in Book 2506,Page 1344 et seq.,in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2506,Page TOd°b�NaWgd�°WQ� �� ��� ����I� ( B311d.4dM. C1. f ,ROP god°b�aa� 1346,et seq.,in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Book 2652,Page 1369,et seq.,in the Brunswick County Registry,and that certain Supplemental Declaration Amending the Protective Covenants of Cypress Bay at Maritime Shores also executed by the Declarant and recorded in Boo 36 a 0267,et seq.,in the Brunswick County Registry, vn ereto,including,without limitation,[hose listed ere erred to as the Protective Covenants"); WHEREAS,in Article 12.Section 2 of the Protective Covenants,the DECLARANT reserved the right to amend the Protective Covenants in its discretion . for the purpose of correcting and/or modifying situations or circumstances which may arise during the course of development provided that the same do not alter the general or common scheme of development for the proAeriv:and g@°a NOW,THEREFOREMc its rights under Article 12.Section of the Protective Coven ollows: 1. Article Section(ee).Section(ii) is hereby deleted in its entirety and is replaced with the following text which is adopted and enacted in lieu of and in place instead thereof: 1. The following covenants are intended to an going compliance with State Stormwater Management fit 8 060270 as modified and issued by the QQiyy�iof�6P uality under NCAC 2H.1000 for the Cypress Bay at�l€BIlNi�@ h"ores Subdivision. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Stag North Carolina, Division of Water Quality. d@o o W 5. Alteration of the d ,�gJ @kon the approved plan may not take place without th�'iMnce of the Division of Water Quality. 6. The maximum allowable built-upon area per lot is C400 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,gravel, brick, stone, slate, coquina and parking areas, but does not include raised, o an wood decking, or the water surface of swimming pools. �,.�r� 7. All runoff from the built-upon a�rr�,���yyyy�ddt mt�s drain into the permitted system. This ma�tte�coN3N�YtTirough a variety of means including roof drain gutte ram to street, grading the lot to drain toward the street, or grading perimeter swa/es to collect the lot runoff and directing them'into a component of the stormwater system. Lots that will naturally drain into the system are not required to provide these additional measures. 1o6 °�pa�gQo°aQ� god°a�aagQ�°aQ� r�n, IH ii i IIIIIIIIIII B3114 P19661z-47.12,5 ant II.MO snick Coonly, NC Register n!Desds page 3 of 4cc Once obtained, DECLARANT shall transfer the above-described permit and the responsibility for maintenance of the stonnwater runoff system and facility to the Association.The Association shall accept conveyance and transfer of such permits and carry out and abide by the duties and obligations contained therein. al so Article 8,Section fee) $gt �° also includes the following text pertaining to the Village at Cypress Bay NCDENR Stormwater Permit#SW8 070723MOD: 1. The following covenants are intended to ensure ongoing compliance with State Stomlwater Management Permit Number'SWB'070723MOD as modified and issued by the Division of Water Qu 1#y_ur der.NCAC 2H.1000 for the Village at Cypress Ba . r�Q 2. The State of North Caroh a rfenCrary of these covenants to the extent necessar�f;?o=NAfN' M`pliance with the stormwater management 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stonnwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 8. Alteration of the drainage as shown on the app ed plan may not take place without the concurrence of the Di sfoo��,A� ter Quality. 9. The maximum allowable puj(� �Yot is 4,250 square feet. This allotted amount' al upon area constructed within the lot property bound and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 10. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a va 'ely of means including roof drain gutters which drain to stree lot to drain toward the street, or grading penlnf 161c a lot runoff and directing them into a com 6 rmwater system. Lots that will naturally drain into the sy t are not required to provide these additional measures. Once obtained, DECLARANT shall transfer the above-described permit and the responsibility for maintenance of the stonnwater runoff system and facility to the Association.The Associations II accept conveyance transf and er of such permits and carr&jVt.a�t9de by the duties and obligations containeed�h°eMiiTgg EXCEPT AS AMENDED HEREIN,the Protective Covenants is ratified and confirmed by Declarant and shall be and remain in full force and effect. fC� d rrod0b�a�gQo0 hod°e� ! A!�!Jjjj B3714 P1069���� 4'e p This the day of AAAVrA .2015 IN WITNESS WHEREOF,the DECLARANT has caused this amendment to be executed by its duly authorized manager the day and year first above written. Q� SNO T:By: O o -- a can Scanlon Title:Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK gQ@ o WQ� b TVr I certify that the 0410g person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated:SEAN SCANLON,MANAGER, SNOW CREEK GROUP,LLC Date: IQ " N ® W sign e r owns varnam �1�"'K V1Q yv'I Notary Public N ryes Printed Name: h(� B unty Norrth`cparotine M commission Ex Tres ommission Expires: � ' C� .1� This ad II I I I III I III I I II I I II I I I IIIII I I II I I III 2 ' valorem taxes,fees,assessments or other B3690 P0954 3 000 f nmons PROP liens which the Brunswick County Tax Brunswick County, NC Register o Deeds page I of 2 Collector is charged with collecting,that are a _ lien on: Parcel Number j�zf-6d 7Sa.Z as notated by the Brunswick County _ n 5C`[111IG✓1 Assessor's Office. This Is not a certification �( -DUj ,� that the parcel number matches the deed description. Date (Asst)Tay Col. 1 Del. Tax Spec. o7D cooxo� NORTH CAROLINA QUITCLAIM DEED DEED OF CORRECTION e✓ THIS QUITCLAIM DEED made this the �3` day of $�'�o>s.,.�-.> ,in the year ?WS ,by and between GRANTOR GRANTEE Snow Creek Group,LLC Cypress-Bay-at Maritime Shores Owners Association,INC. 38 Pelican Drive Wrightsville Beach NC 28480 Vrtparee nr Sean Scanbn:N)doe J19 N',ip,M1b.Ille dean.NC 380.90 The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine,or neuter as may be rcqui red by context. WITNESSETH,that said Grantors,for a valuable consideration paid by Grantee,the receipt of which is hereby acknowledged,have remised and released and by these presents do remise,release,and forever .quitclaim unto the Grantee and his heirs and assigns all right,title,claim,and interest of the said Grantors in and to a certain tract or parcel of land lying and being in the County of Brunswick,and Slate of North Carolina and more particularly described as follows,LESS AND EXCEPTING Parcel #0700007022, /10700007021,/10700007015,X0700007016,N0700007017,/10700007018,1/0700007020: DEED OF CORRECTION: The Quit Claim Deed recorded December 31,2013 in Book 3489,Page 678 of the Brunswick County Registry,was to include Map/Cabinet 35 at Page 275 and Page 276 as amended below: BEING all of those certain parcels of land identified as(1)COMMON AREA; COMMON ELEMENT; (3) PRIVATE STREETS all streets; (4) ALL parcels and future development tracts including raised walkway,pier and docks owned by Snow Creek Group,LLC and road right of ways located in Cypress Bay at Maritime Shores Subdivision and The Village at Cypress Bay Subdivision as shown on maps showing the above described property recorded in Map/Cabinet 34 at Page 348; Map/Cabinet 35 at Page 275 and 276; Map/Cabinet 35 at Page 434; Map/Cabinet 36 at Page 164; Map/Cabinet 39 at Page 43; Map/Cabinet 40 at Page 22; Map/Cabinet 47 at Page 49; Map/Cabinet 50 at Page 17; Map Cabinet 50 at Page 30 of the Brunswick County Registry,ref �dtd i31 i is hereby made for a more particular description. !L J i DEC 0 8 205 BY:_-------_— i t� . . Fq,stvti r S . �j .. .. . . ,. r. 09-23 2015 000 BrInsIi�Ik0County, NC Register Brenda M. Cle mof Deeds Page z of 2 ns PROP All property is conveyed as a current or future common element,subject to ANY AND ALL MATTERS OF PUBLIC RECORD including Brunswick County ad valorem taxes,all easements, rights of way,access rights,rights of use of others,encumbrances,restrictions of record,all governmental permits,land use statues,ordinances and regulations,including zoning,subdivision and building regulations and further subject to the Bylaws and Rules and Regulations established by Cypress Bay at Maritime Shores Owners Association,INC. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges thereunto belonging to the Grantee in fee simple. Grantor makes no warmnty,either expressed or implied as to title to the property. Title to the properly hercinabove described is subject to the following exceptions if any: ANY AND ALL MATTERS OF PUBLIC RECORD IN TESTIMONY WHEREOF,said Grantors have hercunt s an 'a t tc a d year first above written. _(SEAL) nagcr-fow4n iv Creek Group,LLC STATE.OF NORTH CAROLINA COUNTY OF 11 a Notary Public,of said State and County aforesaid,do hereby certify that �C Gt v t �GNI rJ SGCt,_n )L9 grantor,personally appeared before me this day, and(' a ii) I have seen satisfactory evidence of the grantor(s)identit by current state or federal identification with the grantor(s) photograph in the form of a�C (_ Q[(iii)a cred'N 'l rss has sii •'-�^'f ty -oPtttegmntor(s each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated herein and in the capacity indicated. Witness my hand and official seal or stamp,this 3f day of ,in the year O'er J Notary public Official Signature Dana Varnam Notary Public 6runswick County aR C, Vv t'lorth Carolin M Corr;,�soz x ires (seal or stamp) Notary Printed Name My commission expires: I U y I K