HomeMy WebLinkAboutSW8061002_Historical File_20061212o`'U wAr4'co 7
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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
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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.
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Morehead City, NC 28557
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❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
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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
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❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
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If enclosures are not as noted, kindly notify us at once.
STROUD ENGINEERING, P.A. Joe llPac�
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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
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Froude Numb
0.76
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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
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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
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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:
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Morehead City, NC 28557
252-247-7479 Phone
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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 {
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Company: -C) Cj C-V Date:
Number of pages including cover sheet:
Notes or special instructions:
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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
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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
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❑ Samples
the following items:
❑ Specifications
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DESCRIPTION[Wl �_ M
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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
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SIGNED:
If enclosures are not as noted, kindly notify us at once.
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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
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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
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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
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OZ9,9DNIQNV1
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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�
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•`��OQ`� ssi''��'�''p Ro ald D. Cullipher u Date
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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.
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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
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0579640
Current -Active
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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
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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
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W1L�1��,q}or.
WE ARE SENDING YOU lx Attached
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DATE
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JOB NO.
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ATTENTION
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El Under separate cover via the loving 'te
ElShop drawings ❑ Prints
ElCopy of letter ❑ Change order
❑ Plans ElSamples El Specifications
COPIES
DATE
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DESCRIPTION
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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
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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
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N/F SAM.WHITEHURTS
O.B721 PG 600
NCPIN 6361
8315824
CORAL BAY WEST
LOT 23
SHEET 2 OF 4
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PUBLIC RIGHT OF WAY
--- -_-- PROPOSED
SILT FENCE _ _ -
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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
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PUBLIC BEACH ACCESS
-PUBLIC BEACH ACCESS
EASEMENT DB 1128 PG 410
N
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N/F ATLANTIS LODGE INC.
O.B. 236 PG 204
A NCPIN 636518419916
LOTS 16-18 w N.B. 4 PG. 96
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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
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1�. pUBLIC RIGHT OF WAY
01 1
46.0 LF•IB' RCP GRATE 14.67-
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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
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-PUBLIC BEACH ACCESS
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'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
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SHEET 4 OF 4
R i LL I'H R P. E-- CALNTS