Loading...
HomeMy WebLinkAboutSW8061002_Historical File_20061212o`'U wAr4'co 7 Q r 'I o *,< Linda Lewis DWQ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Dear Ms. Lewis: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 11, 2006 Subject: RETURN, OF PROJECT FILE Stormwater Project No. SW8 061002 Roosevelt Beach Carteret County I have enclosed the second set of plans dated December 5, 2006 and December 7, 2006. Sincerely, Kelly Jo on Environmental Engineer enc: Two sets of plans Ir ra��' North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recyded/10% Post Consumer Paper Re: SW8 061002, Roosevelt Beach Subject: Re: SW8 061002, Roosevelt Beach From: Kelly Johnson <kelly.p johnson@ncmail.net> Date: Fri, 08 Dec 2006 08:22:44 -0500 To: Linda Lewis <linda.lewis@ncmail.net> CC: Noelle Lutheran <Noelle.Lutheran@ncmail.net>, Ken Pickle <ken.pickle@ncmail.net>, Bradley_ Bennett <Bradley.Bennett@ncmail.net>, Cameron Weaver <Cameron.Weaver@ncmail.net> Linda, I have attached the permit for this project. Please note that I have verified with Noelle Lutheran that this project does not have CAMA BUA restrictions, and thus that phrase was deleted from the permit (as directed in the permit text). This project is within the Ocean Hazard AEC but there are not density limitations for this AEC. The applicant's file will be mailed to you today. The soft copy permit attached is dated with today's date. Kelly Linda Lewis wrote: Kelly: I believe we decided to issue the permits from Wilmington. Rather than confuse you with a cc list, please write up the permit and email it to me. I'll have admin staff here fill in all the missing information and get it sent out. While that's occuring, you can be packing everything back up in the file, and send it back to me. Please mark which plans are the approved ones. Hopefully, all the plans are date -stamped so it will be easy to pick out the latest ones. Thanks, Linda Kelly Johnson wrote: Linda & Ken, This one is in the home stretch! A few questions about the permit: Low density, subdivision: 1.) What was the final resolution as to who will sign this permit? The permit says, "The Wilmington Regional Office received a complete application...", do we change it to the Raleigh Central Office and have Bradley sign it? Other? 2.) There is a blank for "inspector" for the county inspection. Do you insert a name? Is there a list of names? Same question for "NCDOT District Engineer" 3.) Addresses for cc purposes, a.) County inspector, b.) City of Wilmington Development Services, c.) NCDOT District Engineer, d.) Beth E. Wetherill, New Hanover County Engineering, e.) Division of Coastal Management Thanks, KJ Content -Type: application/msword Roosevelt Beach Permit.doc — Content -Encoding: base64 1 of 1 12/$/2006 8:23 AM Frederick Bunn GLIC, LLC 2231-D West Nash Street Wilson,.NC 27893 Dear Mr. Bunn: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 7, 2006 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 061002 Roosevelt Beach Carteret County The Division of Water Quality's Stormwater Permitting Unit received a Stormwater Management Permit Application for Roosevelt Beach on October 3, 2006 and additional information on December 5, 2006. A preliminary review of the package indicates that additional information is required to complete processing this permit application. Please address the following items: 1. Please include proposed contours on the development plan. Though the finished elevations and street cross sections are shown on the plan, contours are also required. Please note this request for additional information is in response to a preliminary review. The information and should be received in our office by December 14, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. Please submit this information to our Raleigh address provided at the bottom of the page. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number on the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation and Erosion Control Plan, is a violation of NCGS 143- 215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Original documents must be provided; copies are not acceptable. If you have any questions concerning this matter, please contact me at (919) 733-5083, extension 376. Sincerely, Kelly Johnson Environmental Engineer cc: Linda Lewis, DWQ Wilmington Regional Office Cameron Weaver, DWQ Wilmington Regional Office Ken Pickle, DWQ Central Office Stormwater Permitting Unit File SW8 061028 Ronald Cullipher, Stroud Engineering Central Files *Carolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.ennstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Re: Cama Permit? Subject: Re: Cama Permit? From: Noelle Lutheran <NNoelle.Lutheran@ncmail.net> Date: Thu, 07 Dec 2006 13:54:06 -0500 To: Kelly Johnson <kelly.p johnson@ncmail.net> This project is within the Ocean Hazard AEC but there are not density limitations for this AEC. The case where there are is in the Estuarine. Waters AEC if the waters are classified ORW. If this -project was on the sound side and the sound had an ORW class, the limit within the 575' AEC would be 25%. Kelly Johnson wrote: Thanks, Noelle. It is SW8 061002 (Roosevelt Beach). It is a 28-home subdivision on the outerbanks, and most are waterfront. Kelly Noelle Lutheran wrote: the real question - are there any AECs within the project boundary? They may need a CAMA major but may not have applied. What is the name of the project? I can look at our copy of the plan real quick and make that determination. AECs usually are associated with waterfront property. Kelly Johnson wrote: Noelle, I am with the Raleigh Central office, and we are helping the Wilmington Region with some express stormwater permits. I am drafting a permit, and there is a clause about CAMA, "Lots within CAMA's Area of Environmental Concern may have the permitted built upon area reduce due to CAMA Jurisdiction within the AEC." How can I find out if my project is a CAMA project? I looked in BIMS, but I did not see it there. Thanks, Kelly 1 of 1 12/8/2006 8:12 AM STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, NC 28557 (252) 247-7479 To &IC LytS,0&. aa=VUer l�ua�r�y Jun 4mt &Witt [LIEUTEQ W V UK@W04IJZ° 1L DATE 1 9 10 D JOB NO71%4 32191 - 15 J TI ATfENO) RE: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ _ CJ THESE ARE TRANSMITTED as checked below: For approval For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections x ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US [0]]We] SIGNEC yIu��' If enclosures are not as noted, kindly notify us at once. STROUD ENGINEERING, P.A. Joe llPac� Hestron Plaza Two SHEET NO. ^ 1 of 151 A Hwy. 24 CALCULATED BYY DATE Z J 0 MOREHEAD CITY, NC 28557 CHECKEDBY 1 1/• Q� DATE �t'1 0 (252) 247-7479 SCALE Ob ._ . Q.... - —L L- — ,R-- - �-- - -- -r - -- --- _ i S_ 4 i I i 4 1 SE I ; I IAI fee 1-5 , I 1 1 i f i i ! ...'...- ...E - 1 �i ��'I ..}e V e:}�•�! ���, I i I i , : , CV Me 1 ; I i • s AL I I c,: c i s ,Z 15r X t I !K , I ! I . i . I._.__._ --- _.._.._ �.__._._ __._.._..;_....___... _._._.__: .._.___. �_........ .......... `' ._!..._ _..... ... _...- .._ ! ____ _._. _:_ _.._ _ __ .__._ _.._ __._ __..... I_ __. _ _ -_. r__...._. _ ._..._ , I i j /� i I ( 4 ! I I I iC 1 I -! - 1 0, �3— 3 • g3 ` i r I I'-•---•_ _.-....._ ................ --I..._._.__.. ._'_-_..__I _ .._...._..._---- - --- --- •--_:_....--------..;.----- ---- __-- - -- '-- 9. r. I I , I _..... ! . ... . .. . ........... .... ...... i ! I ' I I ...._.._! .._ ._.__._.:.._......__.. ...._ ._........ �..........._ ._ _I__...._._. .__.._..i-._... ____ _ _ __ .___ _ __ I .. ! I I Aga Ei 2 2 ISo a3 g c.. ; ! I i i ! ; ' ; I sno A e. 3 oaio. i , 1 i ; f i ..... _..... i -- .._........- ...... - -.._ ._......- •-• - - ---+ .. ..... - - ` - --= -= - ' _ ....- ----- - i 543 ` xo•3 + 4J9�/ °� x I• 1 �_ I I I � -� i I ; li / /• P i � 1 i i i i � ! � I I !• I i , , % : : ! i I ' -T 1 i 1 �1 Drainage Area #1 L 1404, Worksheet for Trapezoidal Channel Project Description Worksheet Trapezoidal Chann Flow Element Trapezoidal Chann Method Manning's Formula Solve For Channel Depth Input Data Mannings Coeffi 0.020 Slope 005000 ft/ft Left Side Slope 0.10 V : H Right Side Slope 0.10 V : H Bottom Width 5.00 ft Discharge 9.67 cis Results Depth 0.44 ft Flow Area 4.1 ft2 Wetted Perim 13.83 ft Top Width 13.78 ft Critical Depth 0.38 ft Critical Slope 0.009121 ft/ft Velocity 2.35 ft/s Velocity Head 0.09 ft Specific Ener 0.52 ft Froude Numb 0.76 Flow Type ubcritical n. of %$toilette -���%D�T H C,q0 �Oko • 2s 7 • FAL r - • - - o •Q' A' • • i O w •. • • a Project Engineer: Julie Tuten c:\haestad\fmw\project3.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 12/04/06 10:59:05 AM P Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Drainage Area #2 Worksheet for Trapezoidal Channe Project Description Worksheet Trapezoidal Chann Flow Element Trapezoidal Chann Method Manning's Formula Solve For Channel Depth Input Data Mannings Coeffi 0.020 Slope 005000 ft/ft Left Side Slope 0.10 V : H Right Side Slope 0.10 V : H Bottom Width 5.00 ft Discharge 9.71 cfs Results Depth 0.44 ft Flow Area 4.1 fts Wetted Perim 13.84 ft Top Width . 13.80 ft Critical Depth 0.38 ft Critical Slope 0.009115 ft/ft Velocity 2.35 ft/s Velocity Head 0.09 ft Specific Ener 0.53 ft Froude Numb 0.76 Flow Type ubcritical I , H °''•� �o•••••••y� '; 0 � � a 43 .' • s - Z • o i .,,#;a cu 4' "Q����,v Project Engineer: Julie Tuten c:\haestad\fmw\project3.fm2 Stroud Engineering Company FlowMaster v6.0 [614b] 12/04/06 10:58:44 AM 0 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of i N 0 0 m m r w Irri I] n 11 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 7, 2006 Linda Lewis DWQ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-2845 Subject: ADDITIONAL INFORMATION CHECKS Dear Ms. Lewis: I have enclosed two checks from the Add Information letters from the subject projects for the amounts noted below: Stormwater Project No. SW8 061002 Roosevelt Beach Carteret County $1,000, Check Number 1593 from GLIC, LLC Stormwater Project No. SW8 061028 Alliance Credit Union New Hanover County $2,000, Check Number 45447 from KDA Holdings Sincerely, Kelly Johnson Environmental Engineer Enc: Two (2) Checks cc: Cameron Weaver, DWQ Wilmington Regional Office Ken Pickle, DWQ Central Office Stormwater Permitting Unit File SW8 061002 Stormwater Permitting Unit File SW8.061028 Central Files _ DnehCarolina Naiarally North Carolina Division of Water Ouality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enrstate.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1.877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Pecycled/10% Post Consumer Paper 4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WETLANDS AND STORMWATER BRANCH 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 FAX: 919-733-9612 PHONE: 919-733-5083 TELECOPY TO: • ski . • PHONE: QR.97 8. 5023 x37(o # OF PAGES INCLUDING THIS SHEET: oZ COMMENTS: qwT rAM l FIt,,a,_ r:r, No 2 l PP Pc. CA 110Af . S )-2 -k r WL U . (50 O'UT Dec, 4. 2006 3.36PM STROUD ENGINEERING P A N;I, E169", F. 1 151-A Hwy 24 Morehead City, NC 28557 252-247-7479 Phone 252.247.409E • Fax Ta i.,1 aL Stroud Engineering' P.A. ° S T spusryprM YM WNW From: a Fm 9 1— r) 33- 9 Pages: 1 Phones Dates 4 Re: — S%48 0�.1. ...Cc: ❑ Urgent ❑ For Review ❑ Please Continent 0 Please Reply ❑ Please Recycle • Commontss r I DEC-4-2006 14:00 FROM:DWO-WETLANDS 9197336893 TO:32496 P:1'4 o�0F WA TFRPG Michael F Easley, 13ovemor 7 William G. Rota Jr, Secretary r North Carolina.Dmpartmcnt of Environmcmi and Natural Rc.COUTCCC 0 Alan W Khmek. RE Dittmar Division of Water ouahty Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Permit, Program Development and Transportation Periitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax. #: 919-733-6893 Fax To: L 1 n a cz- UJ e.,s { �1 Fax #: Company: -C) Cj C-V Date: Number of pages including cover sheet: Notes or special instructions: y(lN S 0 330 733 --2g9L 401 OvermIght/Eapttaen Unit N0 hCam1 1650 Mall S!arvlo@ Cellar, Raleigh, Norlh Carolina 27699.1650 " 01LU ; 2321 Cmblroo 9oulavard. Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1788 / FAX 919-733.8893 / lmarnat: hW:!lhzQ.enr ctatc.nc,ushtcwellands An Equal Opportunity1A41rmatNe Acton Employer —50% Recrded110% Post Consumer Paper STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, NC 28557 (252) 247-7479 TO QMstVIg,DIa ale dv' q 16 9 9 - j L 17 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter ❑ Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Change order ❑ 119"1 ullQ @[� U D ° RI I lu OV Ll °M DATE lalylwo JO O. 359- IS ATTENTION RE: 2 ❑ Samples the following items: ❑ Specifications !o DESCRIPTION[Wl �_ M _ ► j JICI)>fN 1Lt l■j01 FINE THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑1/ FORBIDS DUE ElPRINTS RETURNED AFTER LOAN TO US REMARKS Mh¢i U _PXe0W &)a- ' mkE ir6LLow>>NC' C RS r SIGNED: If enclosures are not as noted, kindly notify us at once. D @@U L DEC 0 5 r DEN - ----� y warn=�nuT. aver_ @ ncl-, Return to: Kirkman, Whitford, Brady & Berryman THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS. STATE OF NORTH CAROLINA DECLARATION OF PROTECTIVE COVENANTS COUNTY OF CARTERET FOR ROOSEVELT BEACH THIS DECLARATION OF PROTECTIVE COVENANTS is made this day of , 2006, by the present owner of the property described in Paragraph 1.1(1) hereunder, GLIC, LLC, a North Carolina limited liability company, hereinafter called "DECLARANT" STATEMENT OF PURPOSE Declarant is the owner of certain property located in Pine Knoll Shores, North Carolina more particularly described in Paragraph 1.1.(1) herein which it desires to develop as residential development known as Roosevelt Beach Subdivision. Declarant desires to provide for the preservation of the values and amenities for such uses and for the maintenance of common areas; and, to this end, desires to subject the property known as Roosevelt Beach Subdivision as described on Exhibit A, together with such additions as may hereafter. be made thereto, to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property, Declarant and each subsequent owner thereof. Declarant deems it desirable for the efficient preservation of such values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. To this end, Declarant has incorporated or will incorporate under the laws of the State of North Carolina, as a nonprofit corporation, Roosevelt Beach Homeowners' Association, Inc. (the "Association"), for the purpose 2 of exercising the functions aforesaid; NOW THEREFORE, Declarant declares that the real property described in herein as Roosevelt Beach Subdivision as described on Exhibit A hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. ARTICLE ONE Definitions 1.1 Definitions. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings: a. "The Act" shall mean the North Carolina Planned Community Act. b. "Architectural Review Committee (ARC)" shall mean those three or more individuals so designated from time to time by the Declarant or the Board of Directors of the Association. Those individuals appointed by the Board of Directors may be removed from the ARC at any time by the Board of Directors at its discretion. The Board of Directors may designate itself as the ARC. C. "Association" shall mean and refer to Roosevelt Beach Homeowners' Association, Inc., as formed or to be formed by Declarant. d. "Board of Directors" or "Board" shall mean the Board of Directors from time to time of the Association. e. "Common Area" shall mean and refer to those areas of land now or hereafter intended to be devoted to the common use and enjoyment of the Owners. The common areas include the beach boardwalks located on the western five feet of Lots 5 and 12 and the eastern five feet of Lot 6 and 13, and the street running through the subdivision. f. "Declarant" shall mean GLIC, LLC, and any successor and assign to which it shall convey or otherwise transfer its right, title and interest to all or any part of the Property and in so doing expressly designates the transferee as a "Declarant" hereunder. g. "Development Period" shall mean the period that is twenty (20) years from the date this Declaration is recorded at the Register of Deeds of Carteret County. h. "Lot" shall mean a numbered lot or parcel of real 3 property in the Property shown on the Plat. Notwithstanding the foregoing the Declarant reserves the right to designate a numbered lot(s) for common area amenity and upon such designation by Declarant said lot(s) shall be deemed Common Area. i. "Member" shall mean a person or entity who holds membership in the Association as provided in this Declaration hereafter. j. "Mortgage" shall include the noteholder or cestui que trust secured by a deed of trust. k. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot, or, if a Lot is subject to a reversion in a lease redeemable pursuant to law, the owner of the leasehold interest, and not the holder of title as such of the reversionary interest, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. k(1)."Plat" shall mean that "Final Plat of Roosevelt Beach Subdivision" prepared by Stroud Engineering, P.A. dated September 8, 2006 recorded in Book Page Carteret County Registry. 1. "Property" shall mean all that certain property described in Exhibit A attached hereto and incorporated herein by reference. M. "Structure" shall mean any permanent or temporary improvement to the real estate other than, trees, shrubbery and landscaping, the placement of which upon a Lot (or any part thereof) may affect the appearance of the Lot (or any part thereof) including, by way of illustration and not limitation, any building, trailer, garage, porch, deck, shed, greenhouse, or bath house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television or other antenna, satellite dish, fence, sign, curbing, paving, wall, roadway, walkway, exterior light. "Structure" shall also mean (i) any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across the Property, or which affects or alters the flow of any waters in any natural or artificial stream, wash or drainage channel from, upon or across, the Property, and (ii) any change in the grade of the Property (or any part thereof) of more than six (6) inches from that existing at the time of purchase by an Owner. 1.2 Incorporation of the North Carolina Planned Communitv Act. The provisions of the North Carolina Planned Community Act (the "Act") set forth in chapter 47F of the North Carolina General Statutes are generally incorporated herein by reference. However, in the event of conflict between any provision of the Act and this Declaration, the Declaration shall control if the law so allows, 4 and if not, the Act shall control. The terms of the Act shall supplement this Declaration as required by context.. ARTICLE TWO Property Rights 2.1 Grant of Lots. Declarant shall hereafter hold, grant and convey Roosevelt Beach, and any part thereof, including, but not limited to Lots, subject to the covenants, conditions, easements and restrictions herein set forth and as set forth on the plat of "Roosevelt Beach" prepared by Stroud Engineering, P.A dated September 8, 2006 recorded in Book , Page , Carteret County Registry, which are for the benefit of, binding upon and shall run with the land, and are for the benefit of Declarant, the Association and the Owners, their heirs, personal representatives, successors and.assigns. 2.2 Grant of Easement in Common Areas. Declarant covenants that it will grant an easement to all owners and the association over the Common Areas as defined in Section 1.1(e), and the Association upon shall maintain all Common Areas. 2.3 Member's Easements of Enjoyment. Every Member shall have a right and non-exclusive easement of use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot. 2.4. Reservation of Rights. Declarant hereby reserves the right to utilize all streets within Roosevelt Beach for purposes of ingress and egress to properties within Roosevelt Beach owned by it, or for purposes of providing access to other contiguous properties owned by it. This right shall be assignable by Declarant to successors in interest of properties within Roosevelt Beach. Any utility easements reserved as shown on any recorded plat (and all roadways and walkways shall be deemed for this purpose a utility easement) shall be available for utilization by Declarant, authorized utility companies or by the owner of any lot in Roosevelt Beach, for purposes of providing utility services or necessary drainage, but as to Lot owners, only upon approval of the Association given by its Board of Directors. 2.5. Utility Easements. There is hereby reserved a general utility easement twenty feet (201) in width along the southern lot lines of Lots 19 through 28 and along with northern lot lines of lots 1 through 18. There is hereby reserved a general utility easement twenty feet (201) in width along the eastern lot line of Lots 19 and 27 and the western lot line of Lots 20 and 28. Any and all other easements as depicted on the Plat are also reserved for the purposes stated. 5 2.6 Access Easements. There is hereby reserved for Declarant and granted to each Owner an access easement forty feet (401) in width the centerline of which is the southern property line of Lots 19 through 28 and the northern property line of Lots 1 through 18 as shown on the Plat for purposes of ingress, egress and regress from each individual Lot to Salter Path Road. There is hereby reserved and granted an access easement forty (401) feet in width the centerline of which is western property line of Lot 27 and the eastern property line of Lot 28 for the purposes of ingress, egress and regress from each individual Lot to Salter Path Road. There is hereby reserved and granted an access easement forty (401) feet in width the centerline of which is the eastern property line of Lot 19 and the western property line of Lot 20 for the purposes of ingress, egress and regress from each individual Lot to Salter Path Road. 2.7 Street. . The street located within the above described Access Easements shall be a private street maintained by the Declarant and subsequently the Association upon the termination of the Declarant Control Period. 2.8 Pedestrian Beach Access Easement. There is hereby granted two easements ten (10) feet in width for pedestrian ingress, egress and regress from the Lots in Roosevelt Beach and the Atlantic Ocean for the benefit of all Owners. The access easements are located over the western five (51) feet of Lots 6 and 12 and eastern five (51) feet of Lots 7 and 13. The Declarant will construct a wooden walkway to the beach in these easement areas and said walkways will be maintained by the Declarant and subsequently by the Association. 2.9 Public Beach Access. As shown on the Plat there is a public beach access located on Lots 1 and 28 which is under the control of the Town of Pine Knoll Shores. 2.10 Landscape Easement. There is hereby granted an easement running fifteen (151) feet in width along the northern boundary lines of Lots 19 through 28 for the purpose of installation of a fence and other landscape features by the Declarant. The fence and landscaping within this easement area will be maintained by the Declarant and subsequently the Association. 2.11 Rules. The Association shall have the right to prescribe reasonable rules and regulations governing the use of the Common Areas, which rules and regulations shall apply equally to all Members. 2.12 Additional Public Beach Access. Grantor reserves the right to convey up to two (2) lots to the Town of Pine Knoll 6 Shores or other governmental entity for the establishment of a public beach access site without any approval from the Owners. All such lots conveyed for beach access purposes shall not be subject to the provisions of this Declaration. ARTICLE THREE General Restrictions and Provisions. 3.1 All Lots will be used for residential purposes only. However, this residential limitation does not affect the use of the common areas for the purposes for which they are established, the use of the public beach access as shown on the Plat or any additional public beach access established within Roosevelt Beach by the Town of Pine Knoll Shores or other governmental agency. 3.2 Notwithstanding the limitation of the Lots to residential use, Declarant, and Declarant's agents, have the right to maintain one or more offices on the Property for the purposes of selling, marketing, and developing Lots. 3.3 All dwelling connections for utilities, including but.not limited to, water, sewer, electricity, gas, telephone, and televisions will. be run underground from the proper connecting point to the dwelling structure and any appurtenant garage or building. 3.4 All easements shown are the Plat are incorporated herein. 3.5 No activity, whether active or passive, that is reasonably considered a nuisance by the Association will be allowed within Roosevelt Beach. Activities which are noisy, produce noxious fumes or odors or otherwise interfere with the peace and quiet or the residential character of the subdivision are prohibited. 3.6 Each owner will be a member of the Association, subject to suspension of membership privileges as set forth herein. 3.7 Each Lot is subject to assessment to defray the common expenses of the Association. 3.8 No Lot will be owned or utilized in the time share, interval ownership, or use share form of ownership or use. 3.9 . Rentals for a term of less than thirty (30) days are prohibited. 3.10 Manufactured homes, mobile homes, modular homes, and houses built off site are prohibited on the Property. Notwithstanding this general prohibition, the Declarant, its agents, and contractors in the course of development of the Property or constructing permitted structures on the Property shall be allowed to maintain mobile offices while development or construction is being pursued. 3.11 Owners shall not alter the fence or any landscape features located within the Landscape Easement, nor shall owner install any structures or plants, trees or shrubs within the Landscape Easement. ARTICLE FOUR Specific Building and Lot Use Restrictions 4.1 Only one (1) single family dwelling structure is permitted on any Lot in Roosevelt Beach. Each dwelling structure in Roosevelt Beach constructed on a Lot will be from plans drawn by Errol J. Warren, AIA or plans drawn by other architects that the Declarant or the Architectural Review Committee determine to be substantially similar or compatible with the Warren plans. Prior to construction all plans must be approved as. set forth in Article Seven hereof. 4.2 One detached building as an appurtenance to the dwelling house (for example a garage or garden house) will be allowed on each Lot if the appearance of said building, including building materials, is completely compatible with the appearance of the dwelling house, and if such detached building is approved by the Architectural Review Committee. 4.3 Each dwelling must contain a minimum of 2,400 square feet of enclosed living area. Enclosed living area consists of heated area, exclusive z;f all garages, attics, porches, patios and decks. 4.4 No structure containing more than three (3) living floors will be allowed. 4.5 Every dwelling ,and appurtenant garage, if any, must be accessed from the adjacent street by a paved driveway. Driveways shall be constructed of concrete at least four (411) inches thick, brick, or fixed stone aggregate. There shall be no "runner" type of construction permitted whereby a tract or runner is poured for each wheel of a vehicle. Driveways of brick will be supported on a foundation at least four (411) inches thick. Minimum and maximum widths of driveways and elevations will be established by the Architectural Review Committee. There will be only one (1) curb cut for each dwelling unit constructed on a Lot and that single curb cut will be for ingress and egress for driveway purposes. Specifically, no curb cuts will be permitted for the discharge of water (such as gutters, 8 downspouts, water softeners or water drainage from air conditioners) from a Lot to the streets in the subdivision. Notwithstanding the foregoing, the Architectural Review Committee may permit two curb cuts to accommodate a circular drive.. 4.6 No sign, bill board, or advertising placard will be allowed on any Lot so as to be visible from any street right of way or any adjoining property, except for the following signs, which shall be allowed: (a) one (1) sign per Lot not exceeding two (2) square feet in surface area identifying the property upon which such sign is placed only by the name of the owner and/or a street number; (b) one (1) sign per Lot no greater than six (6) square feet in size which includes only the word "For Sale the name of the listing real estate agent and the telephone number of said agent; (c) street or directional signs erected by Declarant or by the Association; (d) any sign constructed by any governmental agency; (e) identification and informational signs constructed by Declarant, the purpose of which is to assist Declarant in identifying the project and the location of Lots or sales models within Roosevelt Beach; (f) during property development and sale, Declarant may erect such identifying and marketing signs as it may deem necessary. (g) signs placed on Common Areas by the Declarant or the Association for purposes of identifying the same and/or containing information about the use of such property. 4.7 No political signs are permitted to be placed on any Lot or Common Area by an Owner or the Association. 4.8 Mailboxes and newspaper holders will be erected and thereafter maintained according to standard specifications of Declarant and the rules and regulations of the Association adopted after the Declarant transfers this authority to the Association. 4.9 Walls and fences will not exceed six (6) feet maximum height above ground elevation. Fences or walls located in the front yard are further restricted so as to not exceed three (3) feet maximum height above ground elevation. Unless approved by the Architectural Review Committee there shall be no chain link fences on any Lot or metal or chain link animal fences or cages. 4.10 No satellite receiving dish, ham radio antennae, 9 microwave receiving and sending device or any other electromagnetic transmitting or receiving apparatus will be allowed on any Lot, except when maintained within a building permitted by this Declaration and not visible from outside the building, and except for the -following: a. satellite receiving dishes no greater in size than twenty four (24) inches in diameter, b. underground telephone and cable television wires and cables, C. antenna for receiving commercially broadcast radio/television transmissions and one weather station device as long as such antenna or weather device does not extend more than forty-eight (48) inches above the highest point on the building. Such antennas will be inconspicuous. 4.11 Travel trailers, truck bed campers, habitable motor vehicles, and similar devices (collectively referred to hereinafter as "RV's") are prohibited within Roosevelt Beach Phase; however, RV's may be kept in the driveway or parking area of a dwelling for up to forty-eight (48) hours to allow an owner to load or unload an RV. 4.12 No motor vehicle that is junked, partially wrecked, fails to display a current license plate, fails to display a current North Carolina inspection sticker, or is non - operative, may be placed or allowed to remain on a Lot or within Roosevelt Beach except within an enclosed garage. 4.13 Lawn or garden equipment must be parked or stored in an enclosed garage or other structure permitted by this Declaration. 4.14 All boats must be kept within an enclosed garage on a Lot. All boats will be on a trailer and both the boat and the trailer must be properly licensed. 4.15 Dismantling or repair of motor vehicles or boats is not permitted on a Lot. 4.16 No stripped, partially wrecked or junked motor vehicle or boat, or a part thereof will permitted to be parked or kept on a Lot within Roosevelt Beach. 4.17 The operation of unlicensed motorcycles, dirt bikes, go-carts, or all terrain vehicles ("ATV's) on the subdivision streets or common areas is prohibited. 4.18 No trucks (including the tractors of "tractor - trailer" rigs) exceeding one ton shall be parked on a Lot or on a 10 street except for trucks making deliveries to a Lot and except for trucks used in construction or development of the Property or a Lot. 4.19 All lots located within Roosevelt Beach will be maintained in a clean and attractive condition. To further this goal the following restrictions are placed on the Property: a. The accumulation or storage of any rubbish, trash, debris, or unused material is prohibited. Any construction debris must be removed on a bi-weekly basis during construction and all remaining construction debris must be removed no later than fourteen (14) days following substantial completion of a construction project on any property subject to these Covenants. b. No trash, ashes, garbage or other refuse shall be dumped, stored or accumulated on any Lot or Common Area except in places and containers approved by the Association. C. All Lots, whether occupied or unoccupied, must be well maintained so they are compatible with the rest of the neighborhood. In order to ensure compliance with these requirement, the Association has the right and authority, which is specifically acknowledged by the owner of each Lot, to go upon each Lot on a frequency deemed desirable by the Association, and cause any or each of such Lots to be mowed, and trash and debris located thereon to be removed. To compensate the Association for this expense, the owner of each Lot serviced by the Association shall pay to the Association, as a special assessment, a sum equal to the actual cost to the Association causing this work to be accomplished. Notwithstanding the foregoing, the Association has no obligation to maintain a Lot and has complete discretion as whether to exercise the authority granted herein to the maintain any Lot. d. Cut grass and other vegetation waste will be properly disposed of and will not be deposited or allowed to gather in the Subdivision streets or storm water drainage system. 4.20 All fuel storage tanks and LP gas tanks will be buried, screened or concealed in such a fashion that they are not visible from adjacent Lots or streets. 4.21 All.trash and garbage receptacles will be screened or concealed in such a fashion that they are not visible from I adjacent Lots or streets except on the pick up day. 4.22 No window air conditioner will be installed where it will be visible from adjacent streets. 4.23 No animals, livestock or poultry of any kind will be raised, bred or kept on any Lot or within any dwelling, except that dogs, cats and other household pets in a reasonable number established by the Association may be kept provided that such pets do not constitute a danger. or nuisance to other Lot owners or their permitted pets. No animal will be kept, bred or maintained for any commercial purpose. Snakes and other animals that are known to be harmful to humans are not to be brought to or kept in the subdivision. Wire fences or cages for keeping dogs, or other animals are prohibited outside of a dwelling. The Association will have the authority to prohibit specified breeds of dogs or other animals with reputations for vicious tendencies. 4.24 No temporary structure, tent, shack or other building will be allowed to remain on a Lot for a period greater than forty-eight (48) hours (excluding such items used by contractors in the course of construction of Structures). 4.25 Any dwelling or improvement on any Lot which is destroyed in whole or in part by fire or other casualty must either be rebuilt or removed and the Lot restored to a sightly condition with reasonable promptness. However, in no event will any debris or remains of such destruction remain on such Lot longer than three (3) months. 4.26 Construction of a Structure on a Lot will be completed within 12 months from its commencement. For purposes of this item, the commencement of construction will be the date of the issuance of the building permit or actual commencement of the construction of improvements, whichever comes earliest. Completion will include finishing of the exterior of any building, landscaping, finish painting, construction of the driveway, final trash cleanup, the issuance of a certification of occupancy and installation of permanent electrical service, all as required by context. ARTICLE FIVE Owners' Association. 5.1 Creation. A Homeowners' Association named Roosevelt Beach Homeowners' Association, znc. (hereinafter "Association") is or will be created by Declarant. Every Owner of a. Lot within the Property subject to this Declaration, including Declarant, shall be a member of the Association. Each new Owner automatically becomes a member of the Association upon acquisition of his Lot. Upon disposition of said property such Owner's membership automatically terminates and the membership interest is transferred to the new owner of said lot. Mortgage 12 holders or other equitable holders of rights shall not be members of the Association. 5.2 Voting Rights. The Association shall have two classes of voting membership. Class A. Class A Members will be all those Owners as defined in Article Five, Section 1, with the exception of the Declarant. Class A Members shall be entitled to one vote for each Lot in which they hold the interests required for membership. When more than one person holds such interest or interests in any Lot all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine but in no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member will be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot in which it holds interests required for membership. The Class B membership shall cease and become converted to Class A membership at the earlier occurrence of the following events: (a) when the total votes outstanding in Class A membership exceed the total votes outstanding in Class B membership or (b) on January 1, 2026. From and after the happening of these events, whichever occurs earlier, the Class B Member will be deemed to be a Class A Member entitled to one vote for each Lot in which it holds the interests required for membership. 5.3 Board of Directors. The Association shall be governed by a Board -of Directors. Subject to written waiver by Declarant, until Declarant's Class B membership is converted to Class A membership, Declarant shall appoint a majority of the members of the Board. As long as Declarant has the right to appoint a majority of the members of the Board, the Board shall consist of at least three members. Declarant's appointees need not be members of the Association. Upon the conversion of the Declarant's membership interest into Class A membership, the Board will thereafter be selected in accordance with the Bylaws of the Association. All power and authority of the Association is exercisable by the Board of Directors. 5.4 Bylaws. The Bylaws of the Association may be amended as set forth therein. In the event any provision of the Bylaws are inconsistent with the provisions of this Declaration, the provisions of this Declaration shall control. 5.5 Duties of the Association. The Association will have the responsibility for operating, maintaining, and replacing the beach boardwalk, road and signage. Notwithstanding the foregoing, the.Association shall have no obligation to replace any beach area lost due to erosion. The Association shall be 13 responsible for adopting rules and regulations governing utilization of such Association Property (subject to the limitations contained herein). 5.6 Powers of the Association. The Association, by action of the Board of Directors on behalf of the Association, will have the following powers contained in G.S. 47F-3-102 of the Act: a. Adopt and amend rules and regulations; b. Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from Lot or Living Unit Owners; C. Hire and discharge managing agents and other employees, agents and independent contractors; d. Institute, defend or intervene in litigation or administrative proceedings on matters affecting the planned community; e. Make contracts and incur liabilities on behalf of the Association; f. Regulate the use, maintenance, repair, replacement, and modification of Common Areas; g. Cause additional improvements to be made as a part of the Common Areas; h. Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, provided that Common Area may be conveyed or subjected to a security interest only pursuant to G.S. 47F-3-112; i. Grant easements, leases, licenses, and concessions through or over the common elements; j. Impose reasonable charges for late payments of assessments and, after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer; ke After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services provided by the association (except rights of access to lots) for reasonable periods 14 for violations of the declaration, bylaws, and rules and regulations of the association; 1. Impose reasonable charges in connection with the preparation and recordation of documents, including, without limitation, amendments to the declaration or statements of unpaid assessments; M. Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees, and agents; n. Assign its right to future income, including the right to receive common expense assessments; o. Exercise all other powers that may be exercised in this State by legal entities of the same type as the association; and p. Exercise any other powers necessary and proper for the governance and operation of the association. 5.6.2 Additional Powers of the Association. In addition to the powers incorporated from the Act above, the Association, by action of the Board of Directors on behalf of the Association, will also have the following powers: a. to enforce any provision of this Declaration and any amendment or supplement hereto; b. to undertake any activity that is reasonable and necessary for the maintenance and operation of the properties specifically made subject to this Declaration; C. to adopt and enforce rules and regulations for the use of Common Areas and the conduct of owners, and their families and guests, in Roosevelt Beach including limited the number of occupants permitted in any dwelling; d. to maintain and improve landscaping in the Common Areas; e. to secure liability insurance for the Association, its board members and officers; f. to expend Association funds on any activity that is reasonable and necessary or convenient for the operation of the Association or the enjoyment of Roosevelt Beach by Owners whether or not that activity is specifically set forth in this 15 Declaration; g. to assess the Lots and the Owners of Lots for the cost and expenses of operating the Association and, fulfilling its duties and responsibilities. The amount of such assessment will be determined pursuant to the formulas set forth in this Declaration and any amendment or supplement hereto; h. to suspend the voting rights of any Lot owner and suspend the rights of the owner, his family and guests, to use any common areas and amenities (except as may be necessary to obtain ingress and egress to the owners Lot) if such member of the Association fails to timely pay any assessment or fine; i. employ the services of an engineer, attorney, accountant or other professional. ARTICLE SIX Covenant for Budget and Assessments 6.1 Budget. The Board of Directors shall from time to time, and at least annually, prepare and adopt a proposed budget for the Association, determine the amount of the Common Expense payable by the Owners to meet the proposed budget of the Association. Within 30 days after adoption of any proposed budget for the. Association, the Board shall provide a summary of the budget to all Owners, and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) days nor more than thirty (30) days after mailing of the summary. Notwithstanding any other provisions of this Declaration or the By-laws, there shall be no requirement that a quorum be present at such meeting. Notwithstanding any other provision of this Declaration or the By-laws, the proposed budget shall be deemed ratified unless at that meeting a majority of all the Owners present and entitled to cast a vote reject the budget. In the event the proposed budget is rejected, the periodic budget last ratified shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. 6.2 Assessments. Each Owner of every Lot, by the acceptance of title thereto, will be deemed to covenant and agree to pay to the Association assessments as outlined in this Declaration. The purpose of the assessments will be to defray the common expenses of the Association to include, but not be limited 16 to the operation, maintenance, repair, replacement and improvement of Common Area and the fence and landscape features within the Landscape Easement; for capital improvements to Common Areas; for administration of the Association, and for enforcement of this Declaration. These assessments are to be fixed, established and collected from time to time as hereinafter provided. The assessments may be classified as follows: (a) A Standard Assessment will be assessed against each Lot subjected to this Declaration. The Standard Assessment will be made and paid on an annual basis and will be in an amount necessary to maintain the common area and to establish a reserve. The initial annual assessment will be $ (b) A Special Assessment may be levied by the Board of Directors from time to time to provide revenues for budget short falls that arise from unforeseen circumstances or otherwise, or to provide revenues for capital improvements. Special Assessments will be payable as directed by the Board of Directors. 6.3 Lien and Personal Obligation. a. All assessments levied by the Association, and any installment thereof, if unpaid for a period of thirty (30) days after the due date, will constitute a lien on the Lot against which such assessments are made when filed of record in the office of the Clerk of Superior Court of Carteret County in the manner provided therefor by Article 8 of Chapter 44 of the General Statutes of North Carolina (or any replacement article). The Association's lien may be foreclosed in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes of North Carolina with the Association being deemed as holding the power of sale. b. The lien under this section is prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the clerk of superior court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. This subsection does not affect the priority of mechanics' or materialmen's liens. C. Where the holder of a first mortgage or first deed of trust of record, or other purchaser of a Lot, obtains title as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors, and assigns, shall not be liable for the assessments against such lot which became due prior to the acquisition of title to such lot by such purchaser. Such unpaid assessments will be deemed to be common expenses collectible from all the lot owners including such purchaser, its heirs, successors, and assigns. However, the Lot is liable for 17 assessments, or installments thereof, that become due and payable after acquisition of title. d. Each assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, in addition to constituting a lien when thirty days delinquent, will also be the personal obligation of the owner of the Lot at the time the assessment, or installment thereof, was due. In addition to foreclosure of its lien, the Association may also institute suit against the owner for collection of the delinquent assessment. The personal obligation for assessments which are delinquent at the time of transfer of a Lot will not pass to the transferee of said Lot unless delinquent assessments are expressly assumed by the transferee. e. The remedies set forth herein are cumulative. and will be in addition to any other remedy provided to'the Association by law. f. If it is necessary for the association to enforce any lien, or to pursue a civil action to recover unpaid assessments, the Association will be entitled to recover its actual reasonable attorneys fees, court costs, and any other expenses in connection therewith. g. As used in this Declaration the term "assessment, if. more that 30 days delinquent is deemed to include interest thereon at the rate of twelve percent (12%) per annum, the Association's actual reasonable attorneys fees incurred in collecting the delinquent assessment(s), and other costs of collection incurred by the Association. ARTICLE SEVEN Architectural Review 7.1 There will be established as a committee of the Association an Architectural Review Committee ("ARC"). The ARC will be the Declarant until such time as the Declarant transfers architectural review and control to the Association by written instrument. Declarant will have complete discretion as to when to transfer control of the architectural review to the Association and reserves the right to maintain control until Declarant has sold all lots in Roosevelt Beach. Following transfer, there shall be least three (3) members on the ARC and there shall be a maxiiaum of five (5) members. 7.1.a Declarant has established and from time to time may modify, architectural standards for the control of design of all Structures and Landscaping and other work within the Property. Construction of buildings on the Property will be limited to plans drawn by Errol J. Warren, AIA, or plans that are drawn by other 18 licensed architects that are substantially similar to or compatible with the plans drawn by Errol J. Warren. In all cases, the plans must be approved by the ARC prior to initial construction as set forth in this article. 7.2 No construction, reconstruction, remodeling, alteration or addition of or to any Structure, building, fence, wall, driveway, or walkway, or improvement of any kind or nature that will be visible from streets, or adjacent Lots shall be constructed without the prior written approval of the ARC as to appearance, location, and specifications. However, no approval shall be required for the construction of any living unit, infrastructure, or other Structure constructed or installed by Declarant or the assignee of this specific Declarant right. 7.3 Prior to commencing construction of any Structure on any Lot or on the Property, a plot plan, landscape plan and plans for the Structure including specifications of materials to be used, shall be submitted in duplicate for review and approval by the ARC. The location of all existing and proposed structures shall be shown on the plans along with calculations of roof areas, drives and any other impervious surface in order to verify compliance with the subdivision's stormwater regulations. There shall be further provided to the ARC sufficient building elevations and landscape plans, including a statement of exterior building materials and proposed exterior colors, to allow the ARC to appropriately and accurately evaluate what is proposed for construction on the Lot. Prior to the commencement of construction, an Owner may be entitled to change the plan he desires to build on his Lot subject to the ARC approving the Owner's change in plan. 7.4 The ARC shall approve the plans as submitted, if all required information is submitted, and the following affirmative findings are made by the ARC: a. that the improvements sought to be constructed will not have negative economic impact on any other property within Roosevelt Beach; b. that all required specific building standards and other conditions contained within this Declaration as amended or supplemented have been met; C. that the improvements are architecturally compatible with proposed or constructed improvements on other properties within Roosevelt Beach, and are consistent with the general construction standards and guidelines set out herein, and supplemented by the ARC; d. that the improvements have been situated on the Lot within the applicable setbacks; and 19 e. that the impervious surface limitation coverage proposed on each Lot is consistent with the requirements of the DEHNR. The discretion given to the ARC will be utilized in an effort to ensure that all structures within the subdivision are compatible with the neighborhood and do not pose undue burdens on other Owners. The ARC may not impose any requirement that violates any construction code or other law or ordinance. The ARC will be the sole arbiter of the plans and specifications for improvements and may withhold approval for any reason including purely aesthetic considerations. 7.5 Procedure. The ARC will have thirty (30) days to approve or disapprove such submitted plans and specifications after receipt thereof. The ARC may extend the approval period by an additional thirty (30) days by giving written notice to the applicant. Failure to respond within the time period provided shall constitute approval by the ARC by default. 7.6 Documentation. One set of plans, denoted as approved (or approved with specified conditions) shall be retained by the ARC and the other shall be returned to the applicant. ARC shall be obligated to specify the particular grounds upon which denial of any application is founded. 7.7 Right of Appeal. Any Owner disagreeing with the finding of the ARC may appeal the decision to the Board of Directors of the Association by giving written notice of appeal to the President of the Association within fifteen (15) days following receipt of notice of denial (or notice of imposition of conditions unacceptable to said owner). The Board of Directors of the Association shall then review the plans, giving the Chairman of the Committee the opportunity to present to the Board of Directors of the Association specific reasons why the plans were denied, in the presence of the owner or his agent, and the owner or his agent may present information challenging the findings of the Committee. The decision of the ARC shall only be overridden by an affirmative vote of seventy-five percent (75%) of the entire membership of Board of Directors of the Association. This provision shall not be applicable until such time as Declarant has relinquished control of the ARC to the Association, as more fully set out herein. 7.8 Notices. All notices required to be given herein shall be given in writing, hand -delivered or mailed postage prepaid, return receipt requested. ARTICLE EIGHT Stormwater Management Permit 8.1 The State of North Carolina has imposed limitations on the amount of impervious surfaces that may be 20 created on any Lot to manage the run off of rain or storm water. The limitations and regulations are currently enforced by the North Carolina Department of Environmental Health and Natural Resources ("DEMM"). The amount of impervious surface allocated to each Lot will be set forth in this Declaration. Impervious surfaces are defined from time to time by DEHNR, but generally include the utilization of any surface area that has a substantial impact on the ability of such surface to percolate rainwater, and includes areas under roof, driveways, walkways, and other hardened surfaces, including designated parking areas, but generally excluding wood decking. The ARC shall not approve any proposed improvements on any Lot that, when combined with other improvements, exceed the allowed impervious surface limitations. 8.2 In addition to all other restrictions contained withi this Declaration, and in accordance with limitations imposed by the State of North Carolina as set out herein, filling in or piping of any vegetated conveyances (ditches, swells, etc.) associated with the development, with the exception of average driveway crossings, is strictly prohibited. Furthermore, areas allowed for construction, which areas are within the Area of Environmental Concern ("AEC") defined under the Coastal Area Management Act ("CANA") of the State of North Carolina, may have permitted built upon areas reduced in accordance with rules and regulations imposed by the Coastal Resources Commission in accordance with authorization given by the CAMA. In addition, projects covered by permits issued by the State of North Carolina shall maintain a thirty (30) foot wide vegetative buffer between all impervious areas and adjoining surface waters. 8.3 Declarant reserves the right to amend this Declaration, and any amendment or supplement hereto, to keep the Property and any Phase in compliance with stormwater regulations. Such amendments may include additional restrictions and easements on the Common Properties. Therefore, notwithstanding any provision to the contrary in this Declaration, Declarant shall have the absolute right to, in its sole discretion, amend this Declaration to include any and all such restrictions and/or easements required by DEHNR as part of its approval of a stormwater plan for the Property. Any such amendments shall become operative and binding upon all owners, and their properties when set forth in an amendment or supplement to this Declaration and recorded in the office of the Register of Deeds of Carteret County, North Carolina. The Association shall have the obligation and responsibility of maintaining the Common Properties in accordance with such additional restrictions and storm water plans. �ssb The State of North Carolina through DEHNR, or its succe r, is given specific authority to enforce this Declaration to the extent necessary to cause compliance with the impervious surface limitations imposed by the North Carolina Coastal Storm Water Regulations. The remedies available to the State of North 21 Carolina include, without limitation, the remedy of specific performance. None of the impervious surface limitations contained herein may be altered without the prior approval of the State of North Carolina. &8- Consistent with the storm water management permit numb from DEHNR* for Roosevelt Beach, the following restrictions apply to the subdivision. The covenants set forth in this article may not be changed or deleted without the consent of the State of North Carolina. v (a) The maximum built upon area per lot is 3,800 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, including easements, 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 area, but does not include raised, open wooding decking, or the water surface of swimming pools. (b) These covenants in this section pertaining to stormwater regulations may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality; (c) No alteration of the drainage shown on the approved plan can be made without the concurrence of the State of North Carolina, Division of Water Quality; 9 (d) Filing in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development except for average driveway crossings, is strictly prohibited by any persons. (e) Lots within Coastal Area Management Act's ("CAMA") Area of Environmental Concern ("ACE") may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. (f) Each lot will maintain a thirty (30) foot wide vegetated buffer between all impervious areas and surface waters. (g) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. �u (h) All roof drains shall terminate at least thirty (30) feet from the mean high water mark. (i) These covenants are to run with the land and be binding on all persons and parties claiming under them. 22 ARTICLE NINE General Provisions 9.1 Enforcement. The Declarant, the Association, or any Owner, will have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the Association or by any Owner to enforce any covenant or restriction herein contained will in no event be deemed a waiver of the right to do so thereafter. 9.2 Variances. The Declarant and later, the Association, have the right to grant variances from the terms of this Declaration upon a specific finding that the variance will not harm the appearance of the Property and will not be harmful to Lot values within the Property. 9.3 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 9.4 Resubdivision. No resubdivision of any single Lot will be allowed. Declarant reserves the right, however, to sell and convey to any grantee more than one (1.) contiguous Lots or portion thereof without the same being a violation of this Declaration. Provided however, that if Declarant does make such a conveyance of a Lot and a portion of another Lot, then thereafter the conveyed property will become a single land unit and further re -subdivision shall not be permitted, and all restrictions constrained herein shall then .apply to that single land unit as a single lot. 9.5. Combination of lots. The Owner of multiple contiguous lots may not construct a single dwelling overlapping interior lot lines 9.6 Amendment. a. This Declaration shall continue in full force and effect until 12:00 noon on January 1, 2026, at which time it shall be automatically extended for successive periods of ten (10) years, unless a document terminating this Declaration is recorded prior to any renewal date in the office of the Register of Deeds of Carteret County. Termination shall require the written consent of eighty per cent (80%) of the owners of Lots or Living Units subjected to this Declaration. b. This Declaration may be amended at any time with the approval of the owners of sixty-seven percent (67%) of the Lots subjected to this Declaration by written ballot cast at a meeting of the members of the Association or by document bearing the 23 signatures of the requisite number of such owners. No amendment shall be effective until reduced to writing and recorded at the Carteret County Registry. No amendment shall alter the rights reserved to Declarant without Declarant's written consent. C. In addition to all other rights reserved to Declarant, Declarant reserves the right to unilaterally amend this Declaration: i. to bring the same into conformity with any guidelines of the Veteran's Administration, Federal Housing Administration, Federal National Mortgage Association, or similar organizations; ii. to clarify ambiguities or inconsistencies contained herein; or iii. to add or delete any incidental provisions deemed in the sole discretion of Declarant to be in the best interest of Roosevelt Beach and the Owners therein. Declarant's rights to amend set .forth in this section shall continue for so long as Declarant owns any real property within Roosevelt Beach, or for twenty (20) years from the recording hereof, whichever is the first occurring event. In the event the Declarant amends this Declaration, such amendment will be recorded in the Carteret County Registry and a copy filed with the Association. 9.7 Notices. All notices required or provided for in this Declaration shall be in writing and hand delivered or sent by United States mail. If hand delivered, the notices shall be sent to the addresses shown below and shall be deemed to have been given on the date hand delivered to the address of the party to whom the Notice is sent. If United States mails are used, the notices shall be sent to the addresses shown below, certified or registered mail, return receipt requested, postage prepaid, and shall be deemed to have been given on the date deposited in the United States mails. Notice shall be addressed as follows: To Declarant: with copy to: GLIC, LLC 2231 West Nash Street Wilson, NC 27893 Kirkman & Whitford, P.A. P.O. Drawer 1347 Morehead City, NC 28557 To the Association: To the Registered Agent of the Association at his/her address as listed with the Secretary of State of North Carolina. 24 To Owner/Members: To the last known address of Owner/Member as shown on the records of the Association at the time of such mailing, and if there is no such address, then to the Lot of such Owner/Member. Any person shall the right to designate a different address for the receipt of notices other than set forth above, provided the person's new address is contained in a written notice given to the Declarant during the Development Period and to the Association. 9.8 Right of Entry. Violation or breach of any provision herein contained shall give Declarant or the Association, to the extent that any of them may have a right of enforcement thereover, their respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies, the right (but not the obligation), after five (5) days notice to the Owner of the Lot, to apply to a court of competent jurisdiction for an order granting the Declarant or the Association the right to enter upon the Lot or the land as to which such violation or breach exists, and to abate and remove, at the expense of the Owner thereof, any Structure or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof; and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal, except that if any agent of Declarant or the Association shall be responsible for actually committing a trespass by behavior going beyond the intent of the authority conferred by this Section, in such event neither Declarant nor the Association shall be responsible for the unauthorized acts of such agent(s). Nothing herein contained shall be deemed to affect or limit the rights of Owners of the Lots when entitled to do so, to enforce the covenants by appropriate juridical proceedings. 9.9. No Reverter or Condition Subsequent. No provision herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter. 9.10 Remedies. Damages may not be deemed adequate compensation for any breach or violation for any provision hereof, so that any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction, preliminary or final, as well as any other available relief either at law or in equity. 9.11 Headings. The headings or titles herein are for convenience of reference only and shall not affect the meaning or interpretation of the contents of this Declaration. 9.12 Gender. Whenever used in this Declaration, the words 25 of any gender shall include the other gender. IN WITNESS WHEREOF, the undersigned, being the member/manager of the Declarant herein, has hereunder set his hand and seal, the day and year first above written. GLIC, LLC By: ( SEAL ) FRED M. BUNN, Member Manager 26 STATE OF NORTH CAROLINA COUNTY OF CARTERET I, , notary public of the State and County aforesaid, certify that Fred M. Bunn Member/Manager of GLIC, LLC, personally appeared before me and acknowledged his execution of the foregoing Declaration for the purposes therein contained. This the day of A, 2006. (Notary Seal) Notary Public Printed Name of Notary Public My commission expires: 27 EXHIBIT A [Property] Roosevelt Beach Subdivision Beginning at an existing concrete monument in the southern right of way of Salter Path Road, said concrete monument being located S 84o24116" W 1081.05 feet from NCGS monument "Holiday"; from said point and place of beginning run thence S 01-22-25 E 250.29 feet to an existing iron pipe; thence continuing S 01-22-25 E 249.91 feet to a computed point located at the mean high water line of the Atlantic Ocean (2001); run thence with the mean high water line of the Atlantic Ocean the following three courses and distances (1) S 85-47-15 W 21.25 feet, (2) S 84-45-51 W 624.61 feet, and (3) 5.85-48-54 W 451.47 feet to a computed point; thence N 01-36-15 W 475.12 feet to a set iron rod located in the southern right of way of Salter Path Road; run thence with the southern right of way of Salter Path Road N 84-20-38 E to an existing concrete monument; thence continuing with the southern right of way of Salter Path Road N 83-46-38 E 825.97 feet to the point and place of beginning. The above described property is shown on the subdivision plat for Roosevelt Beach prepared by Stroud Engineering, P.A. dated September 8, 2006. f ED CD ISA IN13.1i aP 0 11IN14.1 ii OZ9,9DNIQNV1 C D 0 V— CT) tfl Frederick Bunn GLIC, LLC 2231-D West Nash Street Wilson, NC 27893 Dear Mr. Bunn: . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 27, 2006 DEC 0 1 2006 Alan W. Klimek, P.E., Director Division of Water Quality NOV 2 9 2006 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 061002 Roosevelt Beach Carteret County. The Division of Water Quality's Stormwater Permitting Unit received a Stormwater Management Permit Application for Roosevelt Beach on October 3, 2006..A preliminary review of the package indicates that additional information is required to complete processing This permit application. Please address the following items: 1. Please remove the inverted crown streets. 2. Please provide a copy of the proposed deed restrictions to include all required conditions and limitations. Two examples are enclosed. 3. Please ensure that the square footage of impervious areas are consistent between the application, the low density supplement, and the low density supplement calculation section. 4. Please show the outlet swales on the development plan. Drainage easement widths, pipe sizes, and Swale inverts must also be provided. .5. Please include original contours, proposed contours, spot elevations, finished floor elevations and existing drainage on the development plan. This includes offsite drainage, if applicable. 6. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. Please note this request for additional information is in response to a preliminary review. A re -submittal fee of $1,000, 25% of the original fee, must accompany the requested information. The information and should be received in our office by December 4,. 2006, or. the application will be returned as incomplete. The returnof a project will necessitate resubmittal of all required items, including the application fee. . If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number on the bottom of this letter. The request must indicate the date by which you expect to submit the required information. JhCarol' a atMr o North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet: h2o.ennstate.naus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/1 0% Post Consumer Paper Mr. Frederick Bunn Roosevelt Beach, Application No. SW8 061002 Additional Information Request November 27, 2006 The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation and Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Original documents must be provided; copies are not acceptable. If you have any questions concerning this matter, please contact me at (919) 733-5083, extension 376. Sincerely, OellytJoon Environmental Engineer enc: Deed restriction language examples cc: Linda Lewis, DWQ Wilmington Regional Office Cameron Weaver, DWQ Wilmington Regional Office Ken Pickle, DWQ Central Office Stormwater Permitting Unit File SW8 061028 Ronald Cullipher, Stroud Engineering Central Files a INFORMATION PERTAINING TO DEED RESTRICTIONS.,..., .. AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal. Stormwater Management Regulations, deed restrictions and protective covenants are required -for Low Density Residential Subdivisions -where lots will be.subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that.the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. The following deed restrictions and covenants must be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwafer Management Permit Number_ , as issued by the Division of Water Quality.under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to .the extent necessary to maintain compliance with the stormwafer management permit. 3 These covenants are to run with the land and be bfnding 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. 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 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, and coquina; but does. not include raised, open wood decking, or the water surface of swimming pools. Note: If the BUA per lot varies, please substitute the following statement for the paragraph above and provide a. complete listing of the proposed BUA for each lot: The maximum allowable built -upon area per lot is as follows. - Lot # BUA Lot # . BUA Lot #: BUA These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right 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. In the case of a lot within CAMA's regulated AEC, if the built -upon area for that lot, as calculated by,CAMA, is different than the amount shown in these restrictions, the most restrictive of the two will be the maximum permitted limit for that lot. .8... Filling in or piping of any 'vegetative conveyances (ditches, swa/es, etc.) associated with the development except for. average driveway crossings, is strictly prohibited by any persons. 9. Each lot will maintain a 30' wide vegetated buffer between all impervious areas .and surface waters. 10. All roof drains shall terminate at least 30' from the mean high watermark of surface waters. In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed " r`eMnctions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the deve opmen maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for prior to the sale of any lot: 1 The following.covenants are intended to ensure ongoing compliance with State Storm water Management Permit Number as issued by the Division of Wafer Qualify under. NCAC 2H.1000.-------------------- 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. 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 includes any built -upon area constructed within the lot property boundaries, and that portionf 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools..: 7, In the case. of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built upon area for that lot than is shown. herein, the:. governing maximum built -upon area for that lot shall be the most restrictive of the $ Filling in or piping of any vegetative conveyances (ditchestwo. , , swalesetc.) associated with the development except for average driveway crossings, is strictly 9 ited by any persons. Each lot will maintain a 30' wide vegetated buffer between ampervbous areas and surface waters: - 10 All roof drains shall terminate at least 30' from the mean high watermark of surface waters. Signature: Date: a Notary Public in the State of County of do hereby certify that p ersonally appeared before -me this the day of 20 and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature My Commission expires B Narrative Stormwater Management Plan Roosevelt Beach September 8, 2006 Owner: GLIC, LLC 2231-D West Nash Street RECEIVED Wilson NC 27893 (252) 291-9000 NOV 6 2006 Engineer: Stroud Engineering, P.A. BY: 151-A Hwy 24 PT Morehead City, NC 28557 f�' (252) 247-7479 Q C T 0 3 2006 L�18 C) Gl wz A. Description of Project Roosevelt Beach is being proposed as a single family residential subdivision offering housing located in Pine Knoll Shores, Carteret County. The subdivision will be a twenty-eight lot subdivision and is being submitted for review under the low density. The site presently drains to the south and eventually into the Bogue Sound, which is classified as SA waters. The project is being proposed as a low density project with impervious surfaces totaling 24.97% of the usable tract (see plans for allotments). The method'of treating stormwater is by way of vegetative swales, which drain to the NCDOT right of way eventually into Bogue Sound. B. Erosion and Sedimentation Control Measures The following measures are proposed for the site. If it becomes evident that additional erosion and sedimentation control measures are needed, they shall be installed immediately. It is intended that all grading and excavation activities within a certain area will be protected as soon as that activity is complete. 1. Sediment Fence — Sediment fence will be utilized as necessary in locations as shown on plans or as deemed necessary by the engineer to insure that off -site sedimentation is controlled. 2. Seeding — All disturbed areas will be seeded within 14 days following construction in accordance with the seeding schedule shown on the plans. 3. Stone Construction Entrance — Stone construction entrance will be used to reduce transport of sediment off site. 4. Temporary Sediment Traps — Sediment traps will be constructed as shown on plans and serve to trap sediment and prevent from the sediment moving off -site. Maintenance Plan 1. All erosion and sediment control measures shall be checked for stability and effective operations following every runoff producing rainfall event or at least once per week. Repairs required shall be completed immediately to the dimension and functions indicated on the plans. 2. Sediment shall be removed form behind the sediment fencing when it becomes 0.5 feet deep at the fence. The fence shall be replaced or repaired as necessary to maintain a barrier. 3. All seeded areas shall be fertilized, seeded and mulched within 21 calendar days of disturbance. Disturbed areas shall be fertilized, reseeded and mulched as necessary according to the Contract documents to establish and maintain a dense vegetative cover. Construction Sequence Phase 1— (Demolition) 1. Install stone construction entrance. 2. Install silt fencing as shown on plans, within areas of demolition. 3. Demolish and remove existing buildings, parking lots, and walkways. 4. Seed all areas within 14 day of final land disturbance. Phase 2 — (Construction of Road) 1. Install stone construction entrance 2. Install silt fence at locations shown on plans. 3. rough grade site. 4. Install storm drainage, including drop inlets with sediment storage. 5. Install utilities 6. Rough grade road. 7. Fine grade street area and seed area to remain outside of paved area. 8. Pave street. 9. Perform final seeding and mulching, fill-in temporary sediment traps with stockpiled material within drainage area once construction within drainage area has been developed and stabilized. C. Design Assumptions 1. Design storm is ten years. 2. The rational method was used for the design. D. Coastal Stormwater Regulations The North Carolina Division of Environmental Management implemented coastal stormwater regulations in coastal counties on January 1, 1988. These regulations are detailed in 15 NCAC 2H.1000 Stormwater Management. These rules allow for a development to be considered under various options. This project is submitted for approval consideration under Section .1003(d)(1) low density development. %a111111t % p� 00 •`��OQ`� ssi''��'�''p Ro ald D. Cullipher u Date • 3S v • • a'1.. � v-P ' !`.et • ...IN • V • D. Cv 11, ,,�� STROUD ENGINEERING P.A. Hestron Plaxa Two 151-A Highway 24 Morehead City NC 28557 (252) 247-7479 Total Tract Area Drainage Area Receiving Stream 25% Allowable Imp. 536,035 SF (12.25+ AC) 536,035 SF (12.25+ AC) Bogue Sound - Class SA 134,008 SF (Low Density) PROPOSED IMPERVIOUS AREAS Proposed Road 27,475 SF Actual Lot BUA 106,400 sf Total Proposed BUA 133,875 sf Proposed % Impervious 24.97% Roosevelt Beach Sheet No. 1 of Calculated By: MLM Checked By: RDC Date: 9/8/06 Approved By. CajWAj-- �s .p....... �i .PF E�S.:OK i% oy'. '� • S eA r: = 1334,3 2 �'.'�� •'?.�''/NEED••' tvQ'�•'�' 0 1, NAN RECEIVFD NOV 6 0006 BY: G/O� Page 1 of 1 2 � North Carolina }. Elaine F. Marshall EPARTME T OF TIDE 3FF• ;� -- :_.' _ E E"�ARY O STAVE" .r '.Secretary �:R. '; „w.•ri';:R`' P08ox29822 Raleigh, NC 276264622 (919)807 2000 Corporations eCorporations Home 0Important Notice eCorporations FAQ OTobacco Manufacturers A-0issolution Reports $'Non -Profit Reports vVerify Certification C-Online Annual Reports 4OKBBE 1326 Annual Reports Links Ig'Secretary Of State Home aRegister for E-Procurement Dept. of Revenue Legislation --31999 Senate Bills 42001 Bill Summaries Annual Reports 1997 eCorporations 1997 Search )By Corporate Name ,)For New Corporation ':,By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us Corporations Division *Secretary of State's web site Print 'Printable Page Date: 9/6/2006 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I Fi an Annual Report I Corporation Names Name Name Type NC GLIC, LLC Legal Limited Liability Company Information SOSID: Status: Date Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: 0579640 Current -Active 2/2/2001 Domestic NC 12/31 /2050 Bunn, Frederick M 2231 Nash Street NW STE D Wilson NC 27896-1783 2231 Nash Street NW STE D Wilson NC 27896-1783 2231 Nash Street NW STE D Wilson NC 27896-1783 2231 NASH ST NW STE D Wilson NC 27896-1783 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. RECEIVED NOV 6 2006 BY: Q✓1r- h"://www.secretary.state.nc.us/colorations/Corp.aspx?Piter.iId=5305332 9/6/2006 SOSID: 579640 Date Filed: 2/2/2001 11:26 AM Elaine F. Marshall North Carolina Secretary of State LIMITED LIABILITY COMPANY t 032 5'1 18 ARTICLES OF ORGANIZATION Pursuant to Section 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: MIC, LLC 2. The latest date on which the limited liability company is to dissolve is: December 31, 2050. 3. The name and address of each organizer executing these Articles of Organization is as follows: Julie M. Watson P. O. Drawer 3299 Wilson, NC 27895-3299 4. The street address and county of the initial registered office of the limited liability company is: 2207-D West Nash Street Wilson, NC 27896 Wilson County, North Carolina 5. The mailing address of the initial registered office is: 2207-D West Nash Street Wilson, NC 27896 6. The name of the initial registered agent is: Frederick M. Bunn 7. Check one of the following: (i) Member -managed L.L.C.: all of the members by virtue of their status as members shall be managers of this limited liability company. ___c_(ii) Manager -managed L.L.C.: except as provided by N.C.G.S. Sec. 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 8. These Articles will be effective as of the date of filing. This the !k4X-j day of January, 2001. Jul M. Watson, Organizer -` •- r 29289 _ 'F FMCEIVED N 0 V 6 2006'�� sP� 1 STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, NC 28557 (252) 247-7479 TOL��V1..6 1 h� QATEV- uUALI nj 12'1 CA21hiaA(_ 1�QsyE EYA. W1L�1��,q}or. WE ARE SENDING YOU lx Attached [LIEU 12 @1P 4 e D H@W044Lad DATE Der. 3 Zoo6 JOB NO. I�'M -33 ATTENTION L �T% RE: 0o S S El Under separate cover via the loving 'te ElShop drawings ❑ Prints ElCopy of letter ❑ Change order ❑ Plans ElSamples El Specifications COPIES DATE -pie- DESCRIPTION aW 1)0r\S M SUR. 1 O n +� Ij carve I Cml n C CAROL Mr 1 it THESE ARE TRANSMITTED as checked below: REMARKS F For approval ElApproved as submitted ElResubmit copies for approval ❑ For your use ElApproved as noted ElSubmit copies for distribution ElAs requested ❑ Returned for corrections ElReturn corrected prints ❑ For review and comment ❑ ElFORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US Ir Njou QAI n i Qa Il Si76Z REASE QWC IAE A,CALL. T�A.aks - Ira ___i o c►�y e Imo`:t;D FV . COPY TO SIGNED:`" If enclosures are not as noted, kindly notify us at once. RMA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary EXPRESS PERMIT November 20, 2006 MEMORANDUM: TO: Linda Lewis Division of Water Quality FROM: Jason Dail Express Permits Coordinator SUBJECT: CAMA Permit Application Review Applicant: GLIC, LLC C/o Fred Bunn Project Location: Along N.C. Highway 58, adjacent to the Atlantic Ocean, in Indian Beach, Carteret County. Proposed Project: To demolish the existing parking areas, driveways and building foundation footings and construct an entrance drive and access road for the proposed 28-lot residential subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1211312006. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 796-7215, 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 i;cinco or ted. Se a�tt ched j�e/567 0&0 Una�r�re�: av lid 'e S This agency objects to the project for reasons described in the attached comments. SIGNED 0 DATE 12-4- Zco& 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-72151Fax: 910-395-39641 Internet: http://dcm2.enrstate.nc.us An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: GLIC, LLC C/o Fred Bunn 2. LOCATION OF PROJECT SITE: Along N.C. Highway 58, adjacent to the Atlantic Ocean, in Indian Beach, Carteret County. Photo Index - 2000: 2000484 1995: Unavailable 1989: Unavailable State Plane Coordinates - X: 2631883 Y: 346882 Rover File: - V-102611A Long:34°41'49.04" Lat:76°47'21.28" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/26/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete— 11/16/06 6. SITE DESCRIPTION: Office -Wilmington (A) Local Land Use Plan - Town of Pine Knoll Shores Land Classification From LUP - Developed (B) AEC(s) Involved: OH (C) Vy'ater Dependent: No (D) Intended Use: Residential/Commercial (E) Wastewater Treatment: Existing — On -site septic systems Planned - Individual septic (F) Type of Structures: Existing — parking area and foundation footings Planned - Entrance drive and access road for proposed 28-lot residential subdivision (G) Estimated Rate of Erosion: 2.0' per year Source — 1998 LTAASCR 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands Coastal (B) Non -Vegetated Wetlands (Open Water) (C) Other - High ground (D) Total Area Disturbed: 261,360 sq. ft. (6.0 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No Grade 6.0 acres (261,360 sq. ft.) 8. PROJECT SUMMARY: The applicant proposes to demolish the existing parking areas, driveways and building foundation footings and construct an entrance drive and access road for the proposed 28-lot residential subdivision. GLIC, LCC Page Two 9. PROJECT DESCRIPTION: Stroud Engineering, P.A., on behalf of GLIC, LCC, has requested that the attached application be processed under the Express Permit Review Program. The applicant's project is located off.N.C. Highway 58, adjacent to the Atlantic Ocean, in Pine Knoll Shores, Carteret County. To find the property, take Highway, 58 west from Atlantic Beach towards Pine Knoll Shores. The property will be located on the left hand side of the road in Pine Knoll Shores (adjacent to the Atlantic Ocean), at the former Royal Pavilion hotel. The applicant has submitted an Express CAMA Permit Application to develop approximately 6.0 acres between N.C. Highway 58 and the Atlantic Ocean. The high ground portion of the tract is mostly void of vegetation with the exception of a lush Maritime Forrest that exists along the southern portion of the property. The site varies in elevation, and ranges from 12.0' to 16.0' above Mean High Water (MHW ). Live Oak (Quercus laurifolia) is the predominant species found throughout the property, with the exception of lawn grasses and mixed brush vegetation. The project site was formerly known and operated as the Royal Pavilion hotel complex. The hotel buildings were recently demolished, leaving only the entrance drives, parking areas, and foundation footings. The applicant is applying for this CAMA Major Permit in order to remove the remaining structures located on the property. Additionally, the applicant is requesting to install a two new entrance/exit drives and access road for the proposed subdivision. The applicant has indicated that the existing septic tanks located on the property would be abandoned in place. There are no coastal or "404 type" wetlands located on the subject property. The waters of the Atlantic Ocean (adjacent to the project) are classified as SB by the North Carolina Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are Closed to the harvest of shellfish. According to the applicant, the Town of Indian Beach's Land Classification Map classifies the upland areas of the project site as Developed. The long-term average annual erosion rate in the vicinity of the property is 2.0 feet per year. The 100-year storm recession line for this area of Pine Knoll Shores is 50 feet creating a total Ocean Erodible Area (OEA) of 170 feet. This area of Bogue Banks utilizes a pre -nourishment or "static" vegetation line that was determined based on the 2001 Bogue Banks beach renourishment project. PROPOSED PROJECT The applicant proposes to demolish the existing parking areas, driveways and building foundation footings and construct an entrance drive and access road for the proposed 28-lot residential subdivision. The existing parking areas and driveways are located on the central and northern side of the property, adjacent to N.C. Highway 58. The applicant's agent has illustrated the presence of several buildings on the attached site drawings, however and on -site investigation revealed the absence of any structures outside of those referenced in this report. As previously mentioned, the foundation pilings/footings from the previous buildings remain, but the actual buildings have been demolished. A majority of the site has been graded with the exception of the parking area, area around the building footprint and a portion of maritime forest along the southern shoreline. According to the application package and site drawings, all work associated with the demolition process would be located outside of the 60' Small Stricture Ocean Erodible setback, but within the 120' Large Structure Ocean Erodible setback and the 170' Ocean Erodible Area of Environmental Concern (AEC). Redevelopment would include the construction of two, 20' x 100' asphalt entrance/exit drives, both connecting to N.C. Highway 58, but located on opposite ends of the property. The entrance/exit drives would connect to a common access road that would span from west to east (approximately 1,070 linear feet) allowing access to each of the proposed lots. Eighteen of the proposed lots would be located south (oceanward) of the access road and the remaining lots would be located on the northern side. GLIC, LCC Page Three Construction activities associated with the redevelopment portion of the project (access drives and road, including utilities) would be located landward of the 170' Ocean Erodible Area of Environmental Concern (AEC), and according to the workplan drawings, the work would be located within an "X" Flood Zone. The proposed 28-lot subdivision would have a density of28 units, or 0.97 units per acre. The total disturbed area for the entire project would be approximately 6.0 acres. Water would be provided by the Town of Pine Knoll Shores and sewer would be handled through individual onsite septic systems. As proposed, no portion of the subdivision, including but not limited to the access drives and road would impact any portion of coastal wetlands or "404" type wetlands. According to the application package, the applicant has submitted, but has not yet received approval from the N.C. Division of Water Quality for State Stormwater and/or the Land Quality Section for Sedimentation and Erosion Control. The applicant has indicated that individual lot owners would be responsible for obtaining CAMA Minor permit for subsequent development. 10. ANTICIPATED IMPACTS: The demolition and redevelopment of the property would result in the disturbance of approximately 6.0 acres of high ground. The proposed drives and road would result in the creation of approximately 26,400 square feet (or 60.6%) of impervious surface. Submitted by: Jason Dail Date: November 20, 2006 Office: Wilmington Form DCM-MP-1 P 17CATIO NOV 16 2006 (To be completed by all applicants) DIVISION OF rnASTAL.MANAGEMENT b. City, town, community or landmark 1. APPLICANT FW I e F R J /1,✓r« S .ees c. Street addresq or secondary road number a. Landowner: — Aft. Name ewle' Z ze Cl0 r'eEb RLyxf Address 2Z31 k1fSr Af,9Sd S7-1ZC r City khtsod State /L/C Zip 2999.1 Day Phone 29/- 906)0 b. Authorized Agent: Name Address /1-/-4 "'X"' 24 City /` 10,12L L6 &" '-Z/ State Vie. Zip Day Phone N1 l Fax -1,099 c. Project name (if any) RXSCVe1 &-W elI NOM Permit will be issued in name ofkvuk" ner(x), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County eg9-,,ZVe-r d. Is proposed work within city limits or planning jurisdiction? _ X yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 4r7,ay-rle 61e-eH,L1 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. DtMDLIrrO,J or c)os imc, Hotel + Iphzvorll Arco 1s a�� T�1� Co,,sTe�;cri�.v J Rook b. Is the proposed activity mainten�nce of an existing project, new work, or both? nl�a ar,< c. Will the project be for public, private or commercial use? _ P2/vA7z- d. Give a brief description of purpose, use, methods of construction and daily operations of proposed Project. If more space is needed, please attach additional pages. ReYbed 03195 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract /2131 b. Size of individual lot(s) /o, 000 s F -- /s 000 Sf c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract SQAlv e. Vegetation on tract Lor.y Q roSs f. made features now on tract Fvs-r)A/a 7 ZZ A.M PA,eu,a r, A.e a g. What is the CAMA Land Use Plan land classification of the site? (consult the load land use plai.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? _�L Yes No (Anach zoning -vr iarice certificate, if applicable) Has a professional done for the tract? If yes, by whom? _ archaeological assessment been Yes _ e No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes Y_ No 1. Are there wetlands on the site? — Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (Attach dommwwation, if available) m. Describe existing wastewater treatment facilities. TO �2 {atixtc��o��e� n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) _5dt� rF[o1..J To 7'14E 1Joa-ri-7-,w4eil5 30yuE' S-OV VJ o. Describe existing drinking water supply source. �wlnl of %laic lIvou sro-,e-s WAS Sys" 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 9 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requir t s ��Pdetailed to guide e i t area to the NOV 16 2006. Revised 03195 DIVISION COASTAL MANAGEMENT Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name LOaAt 8,r,f bJts� - qo (AP l&rt ikMrs Address 212 Cuciys &/ Phone C'�pd-i 1 P. 2 InI Name Area�r is Ioo�cre /UC-. Address PO, &( 310 Phone P..ue- Wklocc -9,lawe"s nJ(2, ZSs/Z Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. S�e/.f oj,4 J-EZ! - I rJ P2y eCS5 C /josh nl LAN rPOL - /--J 7izu PA S A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 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 Policy Act. Revised 03/95 6. CERTIEICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the D day of O Oo(o Print Name ED M• V,.J,/ Signature ' '6" — L ufi- er or Authorized Agent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space rovlded at the bottom of each form. SCEIVE Nov 16 2006 COASTAL DIVISION OF MANAGEMENT Form DCM-MP-3 UPLAND DEVIE..-LOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed i�1Z000S ZO' A�DhCiI-l- 1�h��_ b. Number of lots or parcels 28 S, �nfe �-c,,wu.l LorS c. Density (givc the number of residential units and the units per acre) 0-9rl 11,, I AeQF d. Size of area to be graded, filled or disturbed including roads, ditches, etc. QnoR04 /o deReS 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? _X Yes No If yes, date submitted Ste(. 12, 200 (o f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. ASphal� J�oarl g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. Revised 03/95 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? iY Yes No If yes, date submitted _J�E7\/IE ! �a4e OcT. 1� 2004, i. Describe proposed method of sewage disposal. 1Nb,yiflual Soo�,e Sri ��eni _Fo r; E-PCc,a l o� j. Have the facilities described in Item i. above received state or local approval? IN ` 9omss (Aach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). SkET Pow TO n�E K�uz-4 lu Q SoJ r %� I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) I v%Q SHoZt­& W p-Mp SyS1tN� In. Will water be impounded? Yes �_ No If yes, how many acres? 0 1a n. If the project is a oceanfront development, when was the lot(s) platted and recorded? EI l f{ !",E Q "V CS&AIAI — R,10SEVeZ T &W e,, Applicant or Project Name -1-0 SiguBturerNO IVE Date 2006 DIVSION OF D COASTALIMANAGEMENT OCT-30-2006 11:10 From: To:2522474098 P.9/10 AEC HAZARD NOTICE Project Is In An: ocean Erodible Area Data Lot Was Platted: I N i?eoccy; This notice is intended to make you, the applicant, aware of the specialrisks and conditions associated with development .i.n this area, which is subject to natural hazards such as storms, erosion and currents. The rules of the Coastal Resources Commission require that you receive an AEC .Hazard Notice and acknowledge that notice. in writing before a perm! t fordevelopment can be .Issued. The Commission'srules onbuildi ngstandards,oceanfron t setbacks and dune alteration are designod to munimize,bu t not eliminate, 'property loss from hazards. By anti.ng permits, the ostal Resources Cornnussion does not fuarantee the safety of the development and assumes no liability for future damage to the development. The best availahle.Lnformation, as accepted by the Coastal Resources Commission, indicates that the annual. ocean erosion rate for the area where your property is located is feet per year. The rate was established by careful analysis of aerial. photographs of the coastline taken over the past50 years. Studies also indicate that the shoreline could move as much as -feet landward i.n amajorstorm. The fl.00d waters uiamajorstorm arepredicted tobeabout feet deep in llnis area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structures such as bulkheads, seawalls, revetments, groins, jetties and breakwaters are prohibited. Temporary devices, includ ing sand bags, may be allowed under certain conditions. This structure shall be relocated or dismantled witiun two years of becoming imminently threatened, The applicant must acknowledge this 4dorinatlon and requirements by signing this notice in the below space. Without the proper signature, the application will not be complete. Applicant's Sig cure A otJ�grx '7 �00� Date h Hazard Flood Area Inlet Hazard Area SPECIAL NOTE: This .hazard notice Is re ui.red Ifor development in areas subject to sudden and massive s tofts and erosion. Permits issued ford evelopmen tin this area expire on December 31. of the third yearto.11owi.ng the yyear in wvbl.ch the permit was issued, Shortly before work begins on the project site, the Local Permit Officer will determine the vegeta ti.on .11ne and setback distance at your site. if the propertyha.s seen little change and the proposed developmalit -can still meet the setback requirement, the LPOWULinfor lyou tliat you.maybcginwor..k.itisimpor- tant Ehat you check with the LPO before the permit expires for official approval to continue the work after the permit has expired. Generally, if .foundation pilings have been placed and substantial progress ,is continuing, permit renewal may not be necessary. if substantial progress has not been made, the permit must be renewed and a new setback line established. it is unlawful, to continue work after permit expiration without ties approval. for more information, contact: T4 w TAIL Local Permit Officer Addr9ss Locality Phone ECEVE J NOV 16 2006 DIVISION OF ^.OASTAL MANAGEMENT Revlsed 11y93 BEFORE YOU BUILD Setting Back for Safety: A Culde t� Wise Development Along'the Oceanfront WhenyoubUddalonrrthe Oceanfront you take acalcu[at d risk. Natural forces of water and wild coll.i.de wlt:h tons of force, even oil, calin days. Man-made structures cannot be guarcuiteed to survive t ie .force of a hurricane. Long-term erosion (or barrier 15131 id in lgradon) may take from two to teat feet of the beach ea h year and, sooner or later, will threaten oc:eaxtfro»t str c- tures, These are the facts of life for oceanfront propej ty owners. The Coastal, l esources Commission (CRC) has adopt d rules for building along the ocearifxont. The rules are j n- tended to avoid aai unreasonable risk to life and prope ty and to limit publlc and private losses .from storms a d long-term erosion. These rules lessen but do not ePunin to the element of, .risk in ocemif.ro.nt development, As you consider building along the ocean.irontj. the CAC wants you to understand the rules and the ris.l<s, WtU.1 tl is knowledge you can make a store informed decision about where and how to build in tiie coastal area, The Rules When you build along the ocealtfront. coastal nnana e- ment rules require that the structure be sited to tit saf .ly into the beach environment, Structures along the oceaztfrontmust be behind tlnetron al dune, land.wazd of the crest of the prinlary dune and i et back from the first line of natural stable vegetation a d .s- tance equal to 30 times the annual erosion rate (a nuninU m of 60feet). Largestructures (multi-familyresidentlalstr c- tures greater than 3,000 square feet and non-residert al structures greater than 3,000 square feet) must be set ba .k froin the first line of natural stable vegetation a distal e equal to 60 times the aatnual erosion rate or 14 fc_t. SETBACK SETBACK I rIR57 LINE OF Ilo613x ANNUALI 30 x ANNUAL INATURAL son AVERAGE AVERAGE I VEGETATION la ICROSION I EROSION 000 RATE I RATE IL'AROMALL 371tUGT1jRC9► I STRUCTUR1131 I PERMITTED STRUCTURE; ADEQUATE SETBACK whichever is greater,. If the erosion rate is greater than 3.5 feet/year, the setback is 30 tames the erosion rate plus 1.05 fact, The Reasons The beachEront.is an ever-changuig land form. The beach and the dunes are natural "shock absorbers", taking the beatings of the winds and waves and protecting the inland areas. �y settln-g back 30 or 60 tines the annual lore -term erosion rate, you have a good chance of enjoying e full, life of the structure. At first, it seems very utviting to build your dream housc as close to the beach as possi.bie, buti.1 tiVe years you could fi..nd the dream has become a nightmare as high tides and s unvestme-rit, torm tides threaten your The Exception . The Coastal resources Commission recognized that these zules, i.n:itiall.y passed fit June of 1979, might prove a hardship for some property owners. Therefore, they estab- lished anexCepLion for lots which cai�not meet the setback re�ui.rement.TheexceptionallntivsbuildingsinhontoEthc BE? line if the following conditions apply: (1) the lot must have been platted as of June 1,1979, and notcapableof beingentl.arged bycon-Nningwithadjoirunb land under the same ownership., ( ) deve9lopmentmust be as tar buck on the property as possible and in .no case less than 60 feet landiva.rd of the vegetation line, (3) no development can take place on the frontal dune (4) special constructionstandards on ptlingdepth and square footage must be met and (5) all other CAN(A, state and local regulations must be met. The exception is not available in the lnlct Hazard Area. To determine eligibility for the exception, the Local Peru,: l Officer will make these measurements and. observations: requfred setback from vC&Ctat►on line exception setback 0naxinuan feasible) rear property line setback inax, allowable square footage on lowest floor lot area as CalCulatCCl P-0171 vegetation line Piling 1. R. �RV10BIVETR7 NOV 16 2006 PRE -PERMIT STRUCTURE; INADLIOUA(1M"MN OF COASTAL MANAGEMENT PRE -STORM BEACH PROFILE _,­ POST -STORM SCACH PROFILE ONE YEAR AFTER 5TORMIDEACH REBUILDING r ti ��- ®em �. After the storyn, the house on the dune will be gone. The housc has a much better chance of survival. 6T/0T'd 86017Li722S2:0i !WOAD TT!TT Oran-,—L;�_I'�rl Narrative Stormwater Management Plan Roosevelt Beach September 8, 2006 Owner: GLIC, LLC 2231-D West Nash Street Wilson NC 27893 (252) 291-9000 Engineer: Stroud Engineering, P.A. 151-A Hwy 24 Morehead City, NC 28557 (252) 247-7479 A. Description of Project Roosevelt Beach is being proposed as a single family residential subdivision offering housing located in Pine Knoll Shores, Carteret County. The subdivision will be a twenty-eight lot subdivision and is being submitted for review under the low density. The site presently drains to the south and eventually into the Bogue Sound, which is classified as SA. waters. The project is being proposed as a low density project with impervious surfaces totaling 24.97% of the usable tract (see plans for allotments). The method of treating stormwater is by way of vegetative swales, which drain to the NCDOT right of way eventually into Bogue Sound. Proposed subdivision will required a CAMA permit for the removal of the existing buildings, swimming pool, walks, and parking as well as for the construction of the proposed asphalt drive. First line. of stable vegetation as well as the mean high water line are taken from the 2001 Bogue Banks beach nourishment project 2001, phase 1 Pine KnolI Shores. B. Erosion and Sedimentation Control Measures The following measures are proposed for the site. If it becomes evident that additional erosion and sedimentation control measures are needed, they shall be installed immediately. It is intended that all grading and excavation activities within a certain area will be protected as soon as that activity is complete. 1. Sediment Fence — Sediment fence will be utilized as necessary in locations as shown on plans or as deemed necessary by the engineer to insure that off -site sedimentation is controlled. 2. Seeding — All disturbed areas will be seeded within 14 days following construction in accordance with the seeding schedule shown on the plans. 3. Stone Construction Entrance — Stone construction entrance will be used to reduce transport of sediment off site. 4. Temporary Sediment Traps — Sediment traps will be constructed as shown on plans and serve to trap sediment and ---* from the sediment moving off -site. �y � FE VMantenance Plan ��n I. All erosion and sediment control measures shall be checked for stability ffectiveeF2 `}operations following every runoff producing rainfall event or at least once per week. Repairs TSi 64 OF be completed immediately to the dimension and functions indicated on the)�tI�STAL MANAGEMENT 2. Sediment shall be removed form behind the sediment fencing when it becomes 0.5 feet deep at the fence. The fence shall be replaced or repaired as necessary to maintain a barrier. 3. All seeded areas shall be fertilized, seeded and mulched within 21 calendar days of disturbance. Disturbed areas shall be fertilized, reseeded and mulched as necessary according to the Contract documents to establish and maintain a dense vegetative cover. Construction Sequence Phase 1— (Demolition) 1. Install stone construction entrance. 2. Install silt fencing as shown on plans, within areas of demolition. 3. Demolish and remove existing buildings, parking lots, and walkways. 4. Seed all areas within 14 day of final land disturbance. Phase 2 — (Construction of Road) 1. Install stone construction entrance 2. Install silt fence at locations shown on plans. 3. rough grade site. 4. Install storm drainage, including drop inlets with sediment storage. 5. Install utilities 6. Rough grade road. 7. Fine grade street area and seed area to remain outside of paved area. 8. Pave street. 9. Perform final seeding and mulching, fill-in temporary sediment traps with stockpiled material within drainage area once construction within drainage area has been developed and stabilized. C. Design Assumptions 1. Design storm is ten years. 2. The rational method was used for the design. D. Coastal Stormwater Regulations The North Carolina Division of Environmental Management implemented coastal stormwater regulations in coastal counties on .January 1, 1988. These regulations are detailed in.15 NCAC 2H.1000 Stormwater Management. These rules allow for a development to be considered under various options. This project is submitted for approval consideration under Section .1003(d)(1) low density development. /i1/4106 Ronald D. Cullipher Date ECEIVE N07 16 2006 D COASTAL DIVISION MANAGEMENT SHEET I OF 4 VICINITY MAP ROOSEVELT BEACH MOREHEAD TOWNSHIP. CARTERET COUNTY. NORTH CAROLII CLIENT. GLIC. LLC ESIGNED, AGGRESS, 2231 WEST NASH STREET NV WILSON. NC 27893 RAWN+ PHONE, 252.291- 9000 CHECKED, 3 STROUD ENG I NEER I NG, P. A. PPROVED, V ISIA HIGHWAY 24 L / AO CITY. N.C. 28557 f ai/qf DATE 1252 247-747 , 666 10/12 _ SCALES RONALD .. CULLIPH R P-F NTS r Z O m f N/F SAM.WHITEHURTS O.B721 PG 600 NCPIN 6361 8315824 CORAL BAY WEST LOT 23 SHEET 2 OF 4 _-------_ ------ S TER PATH R� PUBLIC RIGHT OF WAY --- -_-- PROPOSED SILT FENCE _ _ - -_ s- 3110 Ot 1\I�' r i i� j - l�� / )111111(' ` i / I b I /- - �v000 DECK/ WOOD OEac ��'\ I I\_ -�� _-- -- Y-= � _ �jw _-_-—c`-_-_ E 1 _ — — — — — _ — i' I ' //-.t— \ .� _ — _ __—:+.���y� �.• �-aa �: �. - a'' iZ.s...I�.��....�...�.—• \ \� I 1.4 I _ .,_ --- --�' '�/"� \ \- - _--1 , lili0. PFTWdO €_-.. SILTFE_REI Jv% rc. I 'i'�-==_---«__��'' `��"'��1�� =- '-`��j/ --__ _ \ \\d�'I I1 er /jam_ �� /-s�-'_� / p•` � �// / I �f/ -.'� ii//i �.:::...:.�� '�- _:--_--�- =---- r---- --•-- � � 11��4c11 /----- '- �� `1 IIl1 i///ii _ _ ``\ \ \\II I �I11 / �- \ i�l! / I I \ ( 1 �_�-"'� .( l ----- `-'-_'_�''==_T=_==__� II 4 1 CIS\` Il �- -•r/ I �(IIJ � ! _\ „ T� 'I(�*��� `�-,�'�yl � ! 1` I`r .ten-- ,'/ !r \ \ �-. ��.•.�•— }-���\ \ 1///!s ��_�•r}--__ —_ -=-- �/� 1\\\� /i�Ii i' / 1l�Ji� ..1 x �! % /�( II\ yjy'� C/ \ \ •-261 35 /i/ jr i7 1 V- . 1 I / /�TAPION,�.�. 5 B ) •) 1`j \ '\ \ -®, �.�t - - - •�` 4(r I I \ 2001 7JL#NE-OF °f\ if\�`��—�. TRE.1 1NG5 HAVE PREVIOUSLY BEEN REMOVED. BUT IB07 / n. \ c�l•1\\\\ I/ / '0tNGS. FOUNDATIONS. AND PARKING LOTS i378 ( ) �\ \ \ \ N FOR DEMOLITION. 1 CI N.351771 54_ 451 100' 50' 0 100' 200' SCALE.- 1' - 100' 0 •2001 MEAN HIGH WATER cLI�NE 624.61 ATLANTIC OCEAN �ZN ......... CA1 O Opo,, ��.0 o ` .aQ • SEAL 13343 s • •* ��•• i D D• C�k; %�� ECM —LIMITS OF LAND DISTURBANCE —5' WOOD WALKWAY PUBLIC BEACH ACCESS -PUBLIC BEACH ACCESS EASEMENT DB 1128 PG 410 N m N N N CT N/F ATLANTIS LODGE INC. O.B. 236 PG 204 A NCPIN 636518419916 LOTS 16-18 w N.B. 4 PG. 96 D " U E]R C N co r• N > N m Z .c }7' 15' W .25 REVISIONS- 1) 11/13/06 - DEMOLITION PLAN ROOSEVELT MOREHEAD TOWNSHIP. CARTERET CLIENT- GLIC. LLC ADDRESS+ 2231 WEST NASH STREET NW WILSON. NC 27893 PHONE- 252.291.9000 STROUD ENGINEERING P.A. TY. BEACH Y. NORTH CAROLII ESIGNEDs RAWNe HCKD- PP OVEO- Tiq �. ATE- 10/16 __ scAL 1' 19 I z ___ - ---- S TEM PATH FOB O --� 1�. pUBLIC RIGHT OF WAY 01 1 46.0 LF•IB' RCP GRATE 14.67- INV. 12.27 12V30 15.50 - INV 12.25 - ~-~- - u - �.eT a ''/l i =•; �` •�- -•a. y wij m m m m 170' TOTAL AEC _EIR FLOOD ZONE FLOOD ZONE VE IELEV. I11 l2®' 1_R-9 STRUCTURE SETBACK 60' CAMP SETBACK' Ji' 0 -1 ATLANTIC OCEAN 20 CL INTERSECTION PROPOSED ROAD i PROPERTY LINE STA. 0.00.00 EDGE OF PAVEMENT STA. 0.9. 12 FE• 17.00 CL INTERSECTION PROPOSED ROAD 6 WEST DRIVE STA. 1.33.81 FE• 15.34 VI STA 5.56.71 FE• 17.45 CL INTERSECTION PROPOSEO ROAD i EAST ORIVE76. FE. 15.355 7B 7 EDGE OF PAVEMENT FE- 16.00 '67 19 ------- -- --------------- -------- --------- ---- --- ------------------ -------- ------- - ------- IS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 17 - - --4,33X-- E%HST -------- G --- - _ _ Is ---- - - - ---- __ __ ----- ar- --------- ____ _ --- _- _____ ---------_- _ -_- _-----�.._----- _ ���-_-_- __----- - _____ _ -__-- ___ 15 - - - - - - - - ---- �r�=--------- ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----'-- --------- -------- 13 -- �,--��. --- - --- -------- ----------- = —• ��...�,'�i _j ��--• •�L 12 7ti0POSE- P'C_MBTEB LINE ----------- J -------- --LINE- -------- --------- -- YA7ER LINE -------- -- ~�•--N- 1�.Ai'-__--L II 10 - - ------------- -------- --------- -------- --------_.-C -- -------- --------- — i i i . m . •�� .•°' '• • �••0FES3�® i i i 8 C m io m ® •• N n m PROPOSED DRIVE P .. . Q t Q S SHEET 3 OF 4 100' 50' 0 100' 200' SCALE, 1' - 100' PROPOSED EP 4S.0 LF 18' RCP II _ EAL • . 13343 s y •. G/NESsp, t•�L�� ♦�i� � h n11L�,� ��� ECM 5' WOOD VALKWAY PUBLIC BEACH ACCESS -PUBLIC BEACH ACCESS EASEMENT DB 1120 PG 410 N 0 ie - 170' TOTAL AEC 'n FL�Op ZONES VE IELEV. 11 1.5' S9.5A ASPHALT--, 6' CAM STOW TYPICAL STREET SECTION NOT TO SCALE REVISIONSM 1) 11/13/06 - NCDCM COMMENTS PROPOSED SUBDIVISION PLAN ROOSEVELT BEACH MOREHEAD TOWNSHIP. CARTERET COUNTY. NORTH CAROLINA CLIENT. GLIC. LLcDESIGNED- ROC AOORESSM 2231 WEST NASH STREET NW DRAWN' WILSON. NC 27893 ROC PHONE. 252-291-9008 CH CKEDM RDC 3 STROUO ENGINEERING. P.A. APPROVE IGHWAY 24 ROC MORE AO CITY. N. 285 DATES Cato Idti_ SCALE= CULLIPH R P.i i 100 ..FFUTURE DWELLING 25'------------------------------------------------------------------------- ------------------------------------------------------------------------- -- -------------------------------------------------- ---------- ----------------------------------------------- ----"----------------------------------------------------------=-------- --------- ------------------------------------------------ --------- ----------------------------------------------- 20`------------------------------------------------------------------------ -r----------------------------=------------------------------------------ ------------------------------------------------------------------------- ------------------------------- ---------------------------- --------- ----------------------------------------------- ---------------------------------------------_—_--_—_—_—_—_—_--_—_ ---------------------------- 15'- -------=------- — — — — — — — --- — -- W Z31 C] U m U Go 3 D: \ 3 0: a: LLI Z U co If) •• �- Q 3 r ¢ r r w r w O w O O w w Jm 0 2 >. . _ x w in m cn E cn aaa w in r v ~ Uw "wZ w m~Z iao < li m omLL, U IL W am0. WN IrLu w w fa Z ow 1p IL O O0 Z O wW�0 w Or w W u LLJ O W w W W W w w W N 2 O •�— vi O Z � CROSS SECTION Cq '�•. ROOSEVEL T BEACH ,�,��p�SH F ES�% Q .Q �.2• MOREHEAD TOWNSHIP, CARTERET COUNTY. NORTH CAROLINA + 2• •y! y • CLIENT, GLIc. LLc RDC 133� is ADDRESS. 2231 WEST NASH STREET NW WILSON. NC 27893 p 3 : • pD. RDC PHONE. 252-291.9088 .ROC ���°•�NEE�•'1���`� g STRDUD ENGINEERING. P_A,D• A ••,I, HIGHWAY 24 RDC CuL`..`;,,o etf1i111111�1 MORE AD CITY. N.C. 8557 II /� GATE: { 1 t 52 2a7-74 9 V10 11/13/06 SHEET 4 OF 4 R i LL I'H R P. E-- CALNTS