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20210568 Ver 1_CAMA Application_20210310
FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: River Island HOA, C/o David Logan, Logan Marine LLC, 2. LOCATION OF PROJECT SITE: 123 and 127 Island Bridge Way, Wiimington, New Hanover County adjacent to the Cape Fear River. Latitude: 34.091770 N Longitude:-77.924424 W 3. fNVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —1 V2020 Was Applicant Present — No 5, PROCESSING PROCEDURE: Application Received—111191202t(initial) 2/22/2021 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -- New Hanover County Land Classification From LUP — Conservation Area A AEC(s) Involved: ES, EW, PTA Water Dependent: Yes (D) Intended Use: Private Community (E) Wastewater Treatment: Existing — CFPUA and FICA iiftstation Planned — NA (F) Type of Structures: Existing —10 lot subdivision and community docking facility with 8 slips (damaged). Planned — New 8-slip community docking facility with boatlifts. (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7, HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (shading impact) I 1 1 168 SF (B) Non -Vegetated Wetlands (Open water) 39985F incorporated (C) Other— High Ground 60 SF incorporated (access) (D) Total Area Disturbed: 4,226 ft2 (0.09 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8, PROJECT SUMMARY: The applicant proposes to construct replace and reconfigure an 8-slip docking facility damaged by Hurricane Isaias to include an access pier, fixed covered gazebo, four (4) fixed finger piers, and eight (8) boat lifts for a total of 8 formalized boat slips in the Cape Fear River. River Island HOA Page Two 9. PROJECT DESCRIPTION The project site is located at 123 and 127 Island Bridge Way, on the Cape Fear River, in Wilmington, New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Cardinal Drive towards Market Street. Turn left onto Market Street. Travel approximately 0.3 miles and turn left to College Drive, travel 9.5 miles south and then turn right onto Sanders Road. Travel approximately 0.9 miles, and at the traffic circle, take the 2,d exit onto River Road. Travel approximately 2.4 miles south, and then turn right onto Island Bridge Way. The subject property will be at the end of the street. According to the applicant, the River Island neighborhood is a 9.3 acre area with has approximately 460' of shoreline frontage, and the 123 Island Bridge Way parcel is currently stabilized by a wooden bulkhead. The property in the neighborhood ranges in elevation from 0' to 17' above normal high water (NHW). The neighborhood consists of 10 lots with 6 existing homes and features an access bridge for vehicular traffic to access from River Road. The existing vegetation ranges from Pine Canopy, Maritime Shrub communities, ornamental landscaping, maintained lawn grasses and Coastall404 Wetlands. The existing community docking facility was heavily damaged during Hurricane Isaias in August 2020. The existing 8-slip community docking facility incorporates approximately 4826 ft2 (1848 SF in shading platform) and includes a fixed access pier, an uncovered platform, a fixed covered platform, 8 finger piers, and 8 boatlifts. The River Island neighborhood, bridge, and docking facility was originally authorized with State Permit No. 144-90. A major modification was issued in 1992 to authorize the excavation of a pond in the area of the bridge. More recently, River Island HOA has been issued several General Permits No. 42358D (issued 2005), 42359D (issued 2005), 59231 D (issued 2012), 59331 D (issued 2012), 60728D (issued 2012), for the minor modification of the facility, including the repositioning of finger piers and installation of boat lifts. The New Hanover County Land Use Plan classifies the area near the project area as Conservation Area. The waters in the project area are classified as SC by the N.G. Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace and reconfigure an 8-slip docking facility damaged by Hurricane Isaias to include an access pier, fixed covered gazebo, four (4) fixed finger piers, and eight (8) boat lifts for a total of 8 formalized boat slips in the Cape Fear River. The existing docking facility will be removed. As proposed, the new community docking facility would include a 360' by 6' fixed access pier (total length) extending from the highground to the west, perpendicular with the shoreline. Approximately 230' waterward from the edge of wetlands, the pier would transition to a fixed covered platform (12' x 24'). Extending from the proposed platform, the access pier would continue another 80' waterward to the west, and from this extension the applicant is proposing to construct four (4) fixed finger piers (30'x 5'), with two extending to the north, and two extending to the south. To the east and west of the proposed fixed finger piers, the facility would include eight (8) boat lifts (12.5' x 12.5') serving as 8 formalized boat slips. The proposed community docking facility would extend approximately 230' waterward from the edge of the marsh. Due to the width of the HOA parcel (127 Island Bridge Way), the proposed community docking facility would encroach into the 15' Riparian Corridor setback from the adjoining property owner to the north, however the applicant has secured the waiver. As proposed, the facility would extend across the riparian corridor of the next property to the south, however the HOA president owns that property and has provided an agent authorization form, and according to the HOA covenants, all of the individual parcels in are restricted from building private piers River Island NOA Page Three (See Declaration of Restrictions River Island, Page 2). According to the application water depths is near the new docking facility range from -5' to -6' @ normal low water (NLW) (See drawings 1-3 of 3). 10. ANTICIPATED IMPACTS As proposed, the reconfigured 8-slip docking facility would result in the incorporation of approximately 3998 SF of Public Trust Area and Estuarine Waters, a reduction of 828 ft2. The fixed access pier would shade 168 SF of coastal wetlands and incorporate approximately 60 SF of high ground area. As proposed, the docking facility would extend 230' into a waterbody measuring 4290' across. The proposal includes constructed features that would encroach into the northern 15' riparian corridor setback, however the proper waiver has been obtained. Minor increases in turbidity should be expected during project construction. Submitted by: Patrick Amico Date: March 8, 2021 Office: Wiimington Project Narrative NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Reference: 123 Island Bridge Way To whom it may concern: Logan Marine, LLC 6310 Greenville Sound Rd Wilmington, NC 28409 NC Contractors License # 74511 david@loganmarine.com The referenced property owners, River Island Owners Association, wish to demolish the existing docking facilities and erect a new docking facility to include a fixed pier, a platform, 4 finger piers and 8 boat lifts. Detailed drawings for this project are attached herewith for your review. Should you have any questions regarding this project, please contact David Logan as shown below or Courtney Spears with the NC Division of Coastal Management at 910-520-7441 or email courtney.spears@ncdenr.gov Regards, David Logan Authorized Agent david@loganmarine.com 910-367-1348 910-367-1348 9/15/2020 NOV 19 2"20 ocN NP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name River Island HOA Project Name (if applicable) Island Bridge Docking Facility Applicant t: First Name MI Last Name Applicant 2: First Name MI Last Name if additional applicants, please attach an additional pages) with names listed. Mailing Address 123 Island Bridge Way PO Box City Wilmington State NC ZIP 28412 try 1CUo Phone Na. 202 489 3314 ext. FAX No. Street Address (if different from above) City State 7JP Email alext9999@gmail.com 2. Agen tlCon tractor Information Business Name Logan Marine, LLC Agent/ Contractor 1: First Name MI Last Name Jonathan D Logan Agent/ Contractor 2: First Name MI Last !Name Mailing Address PO Box City State 6310 Greenville Sound Rd Wilmington NC Zip Phone No. 1 Phone No. 2 28409 910 - 367 1348 ext. ext. FAX No. Contractor # 74511 Street Address (if different from above) City State zfP Email RECEIVED david@loganmarine.com <Form continues on backer NOV 19 ZON DCM WILMINGTON. NC 252-808-2808 :: 1-888-4RCOAST :: www.ncecastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 4. Site Description a. Total length of shoreline on the tract (ft_) b. Size of entire tract (sq.ft.) 460' 406,850.4 sq ft c. Size of indiv#dual lot(s) d. Approximate elevation of tract above NHW (normal high water) or See Attached NWL (normal water level) (if many lot sizes, please attach additional page with a list) ONHW or ❑NWL 10' e. Vegetation on tract Trees and shrubs f_ Man-made features and uses now on tract Residential Homes g. Identify and describe the existing land uses adjacent to the proposed project site. Residential Homes h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j_ Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes JONo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ZNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes 2No ❑NA National Register listed or eligible property? <Form continues on next pages 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaImana9ement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CFPUA Sewer Consult HOA has a liftstation o. Describe existing drinking water supply source. NHC Well Permit Required p. Describe existing storm water management or treatment systems_ NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government Private ❑Private/Community b_ Give a brief description of purpose, use, and daily operations of the project when complete. recreational boating c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. typical timber framing, work barge with excavator, moored onsite d. List all development activities you propose. demo existing facility, erect docking facility to include S boat slips and a gazebo e. ArP fh, nrnnnsed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Pt or ❑Acres none g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No X]NA that the public has established use of? h_ Describe location and type of existing and proposed discharges to waters of the state. na i. Will wastewater or stormwater be discharged into a wetland? []Yes iX No [INA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No XiNA j. Is there any mitigation proposed? ❑Yes X]No ❑NA If yes, attach a mitigation proposal. <Porm continues on backer NOV-1 9 2020 252-808-2808 .. 9-888-4RCOAST :: www.nccoastaimanagerneVnt.net AForm DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit fi Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties_ e. The appropriate application fee. Check or money order made payable to DENR. $250 CH ECK #1`• 7212 f. 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. Name David & Nancy Rouen —12-heRe pie. Address PO Box 1827 Carolina Beach, NC 28428 Name Nathan & Judia Sanders Phone No. Address PO Box 3167 Wilmington, NC 28406 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NA h. Signed consultant or agent authorization form, if applicable. Attached L Wetland delineation, if necessary. NA j. A signed AEG hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. NA 1 7. Certification and Permission to Enter on Land 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 the conditions and restrictions contained in the permit. 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. Date // -1 G — Print Name David Logan Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVE-) YDC CM MP-3 Upland Development M MP-4 Structures Information NOV 19 2020 252-808-2808 .. 1-888-411RCOAST , www.nccoastalmanagernent.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) 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. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government IXIPrivate/Community c. (i) Dock(s) and/or pier(s) (ii) Number _1 (iii) Length 360 (iv) Width (v) Floating ❑Yes X]No e. (i) Are Platforms included? IXIYes ❑No If yes: (ii) Number _1^ (iii) Length 12 (iv) Width _247_ (v) Floating []Yes ]XNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed -8— (ii) Number of slips existing 8 i. Check the proposed type of siting: ❑ Land cut and access channel [_-]Open water; dredging for basin and/or channel X]Open water; no dredging required ❑Other; please describe: k. Typical boat length: _25_ m. (i) Will the facility have tie pilings? ❑Yes XINo (ii) If yes number of tie pilings? ❑ This section not applicable b. (1) Will the facility be open to the general public? []Yes X]No d. (i) Are Finger Piers included? IXIYes ❑Ne If yes: (ii) Number (iii) Length _30_ (iv) Width (v) Floating ❑Yes IXINo f. (i) Are Beatlifts included? X]Yes ❑No If yes: (ii) Number _$— (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies X] Dockage ("wet slips") only, number of slips: 8_ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout I. (i) Will the facility be open to the general public? ❑Yes X]No NOV 19 2020 252-808-2808 :: 1-88$-4RCOAST :n www.nccoastafmanagernent.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ® This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ eoatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for ail sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petrofeum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? NOV I V zozo 252-808-2808 ;: 4-888-4RCOAST a. www.nccoastaimanagement.net revised: 92127106 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? []Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None P. Is the proposed marinaidocking facility located within or within close proximity to any shellfish leases? []Yes [-]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered tiffs) a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) a. (1) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) a- Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity o. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing ® This section not applicable ® This section not applicable ® This section not applicable b. Average distance from NHW, NWL, or wetlands ® This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) NOV 19 ZRO 252-808-2808 n 1-888-4RGOAST -- www.nccoastaimanagement.net revisers: 12/27/06 Form ©CM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines _0 - north; 393 - south Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 1,395 Will navigational aids be required as a result of the project? ©Yes ONo XINA (il) If yes, explain what type and how they will be implemented. 8. OTHER a. Give complete description: 9 Date River Island Docking Facility Project Name David Logan Appli ame Applicant Signatur b. Proximity of structure{s) to adjacent docking facilities. 727 d. Water depth at waterward end of structure at NLW or NWL -5 MLW ® This section not applicable NOV 19 2020 252-808-2808 :: 1-888-4111CAAST :. www.nccoastaimanagement.net revised: 12127/06 ROY COOPER Governor DIONNE DF.LLI- Secretary - BRAXTON DAMS Director NORTH CAROLINA Environmental Qualify Logan Marine LLC c/o David Logan March 8, 2021 6310 Greenville Sound Rd Wilmington, NC 2W9 Dear Mr. Logan: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for River Island HOA, for State approval for development of the subject property located at 123 and 127 Island Bridge Way, adjacent to adjacent to the Cape Fear River in Wilmington, New Hanover County. It was received as complete on February 22, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 8, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 22, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. lin Pattic Amico Field Representative cc; WiRO, DCM USACE DCM, MHC DWR Sheighla Temple, LPO River Island HOA, Applicant North Carolina Department of Environmental uali Q ti' I Division ofCoastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 .., Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Caralina 28405 1 9I0.796.7215 a , Morehead Clry Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1252.80&.28o8 Efizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City North Carolina 27909 1 252264.3901 O w U � aW � U N oo . MO• N `i NIP 2(3 :� ww rw1c � o PM t� m o LL.T49 20 T 1 C Mw (1) oIE w 1313L � ��_rtrt 0 0 V . IL r � 4�0 w:r0 0 °C CL _ oAsk ca CL = w z w CL o EL a 0 m CL E z U �^ Ua 0) C t0 r ,,� w �. C W G C4 '3 .0 m = t4'C0 C ~ 0 C J C [L c V � y 4 ,N_ U CL �. Q a 4D NORTH CAROLINA Environweplt tl Otullith March 10, 2021 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • River Island HOA / New Hanover County • NC Division of Marine Fisheries / Brunswick County Hello Angie: Please publish the attached Notice in the Sunday, March 14, 2021 issue. ROY COOPER Governor MIC14AEL S. REGAN Secretan BRAXTON DAVIS Director, Division of Coastal Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. �Uac ely, A L Tanya . ietila Permitting Support & Customer Assistance cc: MHC Files Curt Weychert — M 4C USACE State of North Carolina I Environmental Quality [ Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the LAMA: On March 8, 2021, River Island HOA proposed to replace and reconfigure an eight (8) slip docking facility damaged by Hurricane Isaias at 123 & 127Island Bridge Way, adjacent to the Cape Fear River in Wilmington, New Hanover County, and on March 8, 2021, NC Division of Marine Fisheries proposed to add 10,000 tons of recycled concrete structures in three (3) new deployment areas at an existing artificial reef site AR-430 approm 2.68 nautical miles south of Oak Island, Brunswick County in the Atlantic Ocean. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Tara MacPherson (Brunswick County) N.C_ Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 for New Hanover County or (910) 796-7266 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 4, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized River Island HOA 123 Island Bridge Way Wilmington, NC 28412 910-395-5884 alext9999@gmail.com Logan Marine, LLC Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Demolition of existing docking facility and construction of new docking facility with gazebo and boat lifts. at my property located at 123 Island Bridge Way in New Hanover County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature i -)WAA&F Print or Type Name Title Date r7-0E' WE® This certification is valid through 8 1 24 1 2021 NOV. 19 2[120 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: River Island, HOA Address of property: 123 Island Bridge Way Wilmington, NC 28412 New Hanover County (Lot or Street #, Street or Road, City & County) Agents Name #: _ Logan Marine, LLG Mailing Address: 6310 Greenville Sound Rd Agent's phone #; 910-367-1348 Wilmington, NC 28409 hereby certify that I own property adjacent to the above referenced property_ The individual applying for this permit has described to me as shown on the attached drawing the development the re proposing. A description or dM vin❑ with dimensions. must be provided with this letter. f I have no objections to this proposal_ _ I have objections to this proposal If you have objections to what is being proposed, you must notify the Division of Coastal management (DCM) in writing within 10 days of receipt of this notice. Contact Information for DCM offxes is available atht :IA~.nccoastalmana ernent.net/weblcm/staff-listin orbycal11na1-88"RC0AST. No response is considered the same as no ob ection if ou have been notified b Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. l do not wish to waive the 15' setback requirement. (Propeft Owner Print or Type 123 Island Bridge Way Mailing Address _ Wilmington, NC 28412 i+1ty/JLdltllLfll _ � '_ 910-395-5884 alext9999@9mail.com Telephone Number/Email Address 10/5/2020 Dam (Ripa#an Property Print or 7 ype Name P.Q 9 ox 31 1'e 7 Mailing rAddress f (f `�J f Yv\ M City/State2ip +6rC-y e 0 �o Telephone Number / Email Address Date (Revised Aug. 2014) NOV 19 2D20 Mary Skinner From: Terry Kennon <terry@sancohomes.com> Sent: Thursday, November 19, 2020 10:58 AM To: Mary Skinner Subject: RE: Wavier Attachments: SKMBT_C25320111911410.pdf Here you go. Thanks From: Mary Skinner <mary@loganmarine.com> Sent: Thursday, November 19, 2020 10:47 AM To: Terry Kennon <terry@sancohomes.com> Subject: RE: Wavier Thank you Terry! You've been a godsend. I hate to ask though ... but CAMA folks are so picky. Can you get Nathan to initial beside the X's. They will reject it without his initials! Uggh! From: Terry Kennon Sent: Thursday, November 19, 2020 10:43 AM To: Mary Skinner <marye to anmarine.com> Cc: J. David Logan <david to anmarine.com>; Alex Thomas <al_ext9999@Rmail.com> Subject: Wavier Mary, Please find attached the executed waiver. If you need any other information please let me know. Thank you for your patience. Terry Terry Kennon Dominion Land Corporation Sanco Builders Corp. POB 3167 Wilmington, NC 28406 Phone (910)791-1196 Ext.1 terrV@sancohornes.com This e-mail is Intended solely for the addresses named above and any other use is prohibited. Access to this e-mail by anyone else is unauthorized. It may contain confidential information. If you have received this e-mail in error, please contact the sender by return e-mail. We do not accept legal responsibility for the contents of this message if it has reached you via the Internet. Any opinions expressed are those of the author and are not necessarily endorsed by the Company. Recipients are advised to apply their own virus check to this message and all incoming e-mail on delivery. NOV 19 2020 From: Mary Skinner <mar to anmarine.com> Sent: Wednesday, November 18, 2020 3:28 PM To: Terry Kennon <ter sancohomes.com> Cc: J. David Logan <david to anmarine.com> Subject: RE: Fallowing up ... His name is Alex Thomas and his number is 202-489-3314 and his email is alext9999Pgmail.com. I will give him a call to let him know Nathan will be calling him. From: Terry Kennon Sent: Wednesday, November 18, 2020 3:21 PM To: Mary Skinner <mar to anmarine.com> Cc: J. David Logan <david to anmarine.com> Subject: RE: Following up ... Mary, We are closer but there is an insurance issue. Our insurance agent thinks Nathan & Judi should be named on the insurance. Nathan is not sure this is making too big a deal out of it but would like for the owner (whoever is in charge of River Island) to give him a call. He is not available the rest of today. His cell phone is 910-262-7392. Or if you know the number 1 can give it to Nathan tomorrow. Thanks Terry From: Mary Skinner<mary@loganmarine.com> Sent: Wednesday, November 18, 2020 9:39 AM To: Terry Kennon <ter sancohomes.com> Cc: J. David Logan <david@[oRanmarine.com> Subject: Following up ... Good Morning Terry, Has Nathan had a chance to take another look at our CAMA permit issue for River Landing? Hate to be a pest but this kind of permit takes more than 3 months to get and we already lost 2 months because of the post office issue. Thanks so much! Mary NOV 19 2020 2 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: River Island, HOA Address of Property: 123 Island Bridge Way Wilmington, NC 28412 New Hanover County (Lot or Street 4, Street or Road, City & County) Agent's Name #: Logan Marine, LLC Mailing Address: 6310 Greenville Sound Rd Agent's phone #-. 910-367-1348 Wilmington, NC 28409 I hereby certify that I own property adjacent to the above referenced property. The individual applying fior this permit has nescribed to me as shown on the attached arawing_11le deveiuprnerit they are proposing. A description or drawing with dimensions, must be provided with this letter, i I have no objections to this proposal. I have objections to this proposal. If you have objections to wha t is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttp://www.nccoastaimanggement.netlweb/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if Lou have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to wain ie 15' setback requiremer -- I do not wish to waive the 15' setback requirement. (Prope Owner I orma ' (Riparian Property O ner formation) ,nature Signatu-e T�f lex omasA 14AX Print or Type Name Print or Type Na e 123 Island Bridge Way r-4, Mailing Address � Mailing Address _ Wilmington, NC 28412 _ 4? , ` /-%,AllL� f Z CifyJidieiZip City/State/Zip % 910-395-5884 alext9999@gmail.com Telephone Number/Email Address Telephone Number/Email Address 10/5/2020 4 - �d Date Date (Revised Aug. 2NOY 20?0 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: River Island, HOA Address of Property: 123 Island Bridge Way Wilmington, NC 28412 New Hanover County (Lot or Street #, Street or Road, City & County) Agent's Name #: Logan Marine, LLC Agent's phone #: 910-367-1348 Mailing Address: 6310 Greenville Sound Rd Wilmington, NC 28409 I hereby certify that 1 own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing -the development they are proposing. A description or drawing with dimensions, must be provided with this letter. T have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division Of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at ht!p://www.nccoastaimanagement net1web/cm/staff listing or by calling 1.888-4RCOAST. No response is considered the same as no objection if you have been notified bV Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below_) 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. alexomas Alo,rma�. (Riparian Property Owner Inform Signature - llv�V;Iq_ Print or Type Name Print or Type Name 123 Island Bridge Way Mailing Address Mailing Address Wilmington, NC 28412 _ Cityisiaieizip City/state ip EIVED 910-395-5884 alext9999@gmail.com Telephone Number / Email Address Telephone Number / Email Address 4 2021 10/5/2020 Jute Date DCM WILMINGTON, NC (Revised Aug. 2014) i Pr -,.it y> ur name and address on the reverse �b +4 w2 can vidurn the card to you. ■ Attach this card to the back of the mailpiece, or on tie front it space permits. 1. Article Addres togf:�/ lbo-v 1 F �L,[r( U Po l 7 A. Signature Anent x 0 Addressee B. Received by (Printed Name) C. Date of Delivery M L� �11) D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No C� v D — 0 3. Service Type ❑ Priority Will Express® 11 1111 I1I� 1I I I� 111111111111111111 H I I l® Restricted Delivery MailRestricted ❑ Deg 11 Certiified MaiMai- livet Fred 9590 9402 4782 8344 8624 86 Q Certified Mail Restricted Deiivery ❑ Return Receipt for © C011act on Dellvery Merchandise rollect o e.�;..ie t,i,,,,,r,o, rr—f f,,.., �e,..;,.e r'r,en - F'i C on Delivery Restricted Delivery Q Signature Confirmation"A 7018 1130 0002 0001 7773 isured Mail isured Mail Restricted Deiivery ❑ Signature Confirmation Restricted Oelivery _ ver $5M) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ® Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you, ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Lr+"i 1-Y r cu cis D 13cX jj 2_1 C'rdP-01-'xi4 amp/ -�)C- as4zo A. signature x © Agent ❑ Addre B. tagived b}r (Printed Name C. Date of Deli 2-;�/ D. Is delivery address different from €tern 1? t7 Yes If YES, enter delivery address below: ❑ No �l Il �if 3. Service Type Aduif Slgnalure 0 PrloRegistered M ll-m Ca[}Q Q Registered MaiIT"'11 �47!82!'!8344 1l Adutl Signature Restricted Dellvery ❑ Certified Malin ❑ Re istered Marl Restricted Delivery9590 9402 8624 4F8 ❑ Certifed Mail Restricted Delivery ❑ Return Receipt for Q Collect on Delivery Merchandise 2. Article Number (Transfer from service fabell ❑ Collect on Delivery Restricted Delivery © Signature COuf€rMationTM' 7018 113 0 0002 0001 7827 fired Mail red Mail Restricted Deiivery ct SignaRashi urn Ce livery t€on Restricted Delivery PS Form 3811, July 2015 PSN 7530.02-000-9053� Domestic Return Receipt RECEIVE© RECEi MAR 0 4 2021 DCM WILMINGTON, NC MAR 0 f DCM WfZ Aw, HE LOCATION MAP FOR RIVER ISLAND DOCKING FACILITY f7. 424's Eugene Ashley High School 43i Go gie My Maps 1 Myrtle Grove T Ce cJ o �szr RIVER ISLAND OWNERS LOT#-S AND ACREAGE Owner Lot Section Subdivision River Island Owners Assoc NA NA River Island Acres Thomas E Wells 1R 3 River Island 2.17 Paul & Connie Marinez 2R 3 River island 0.41 Harrell Bridget Rev Trust 3 3 River Island 0.37 Harrell Bridget Rev Trust 4 3 River Island 0.4 Harrell Bridget Rev Trust 5R 1 River Island @ Tidewater Pltn & Adj 0.5 Harrell Bridget Rev Trust 6 2 River Island 0.98 Thomas John Alexander 7 2 River Island . 59 River Island Owners Assoc NA NA Common Area River Island @ Tidewater Plantation 0.65 Michael & Krista Dean B 2 River Island 1.27 John & Amanda Dickson 9 3 River Island 0.54 Josh & Angela Harter 10 3 River Island 0.41 River Island Owners Assoc NA 3 Lift Station Sec 3 River Island 0.46 River Island Owners Assoc NA NA Adj Oak Island 0.03 0.55 TOTAL 9.34 NOV 19 2020 d)-0� �£k0FE /■5 © a) gy® Ea%/] « g ƒ )�k\\J E0 � ong / o0 {) n t \ k e ] § ( ) k 7 ) ©\ E!!2§== I _ i / f#m§)]]))/ \ } �f )}/7\;7f a x j co ; §2\J)\�: deo=Oen � 'sz § AD( � a r � m § $\/ $ O-p 7 �o{©3 OD _ w a=§£, ,z _0.1 �~ � � \ � o �_ A 2 E § \ 2 ] ¥ \ a E o 00 ® ms— J =■=ma —o k&k2£7 \ m C! 0 )&B20< ■ ■ ■ Q 0 a U ^m Z J N !L! I N z h rn ��� N ■ N Oul u] LLB-'C' µ7 (6UOol N 7W+�jNO� Q OD N NON G T ICON d .� m �wwwww ru s 0 o .....ram 0 .`� m r-- f 04 ft CAPE FEAR RIVER. N � •V © d o I I (D d U I I N CD M o 1 C: 0)o L N 7 d _0 -0 O N I� 0-0 d p7 O •� C X I I W d fl I -1 � E d o •O I Sl -47 MlN _ o c N o 'N _ Q— `-� I I o N N J I ill N N m N a) 'l. 41 I llla nl ds � O � N1� N cu 7- "x I ! o cn o Q._. W Q I - a) a Q W ° �o X - CL CL � o W ! o� � a � X — r� Q Q ju!! IZ 1^ d P Q CL € * w o v �� � i i i � E �' ❑ � m �'cm MICAm M cn O a� � L L) X L LO 0- 1 �- Q —a IN I -a Z H�l o �� o �Qz -� on �u IL � Ig Law i o -Z E o Z m w Z i I Z Ili - - -ji-' E W O u If. fil ' 0.0IL i i i I I u Z Z Q l�i W�0 �Ud >- - I w oSz I� wQw oW- o I I Z a d: :17 lL >' I. .I � W�� � X N w 8O Q F � d: QZ LU 1� EIIEI O N� ] Miz1!' 'l 3 L t T 30 T SPST-L N-OT6 60bSZ ON 'uoI'3ulwl!AA OZOZ/bZ/S :a}e(] anolte� di15 IiM ZTbSZ DN `uoISujuaEZT M a �eSp!Ja puelsl {! � y , - „T :01LOS :aged pa punos a��inuaaa� OL�9 011 `auiaew ue201 AO110-10T Al!]!aej 2u1�300 puelsI aania 110-10E ,,0-,9 kl - >0-,OE NORTH CAROLINA Environmental Quaiih March 10, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(a)NCDEN R.gov SUBJECT: CAMA Applicant: River Island HOA ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Project Location: 123 & 127 Island Bridge Way, adjacent to Cape Fear River, in Wilmington New Hanover County. Proposed Project: Proposal to construct, replace and reconfigure an 8-slip docking facility damaged by Hurricane Isaias to include an access pier, fixed covered gazebo, four (4) fixed finger piers, and eight (8) boat lifts for a total of eight (8) formalized slips in the Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by April 4, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE State h Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 BOOK PAGE roc l�� °rEV: it ED 1 8Q4 02 98 MAR``��= REG!STE% Cs v- 4'S IJY NEW HANOVEP, CO. NC• , 9`1 BUB 22 Pit 1 12 hxcise rax aecordgrs Time. Hoar and Pace Tax l.ot No. Parcel identifier No- - ........ d A -fief AMY Verified by .. County on the .. ....-,. day of.. cm Y7ts-40y...................... 19.......-.... by ._ . _. ..... ............... Fldl. c1WI..7& `ddCa...--..............-.. .... F1As-661-40-" __.. F26�"AOL�-/Yb _ `PaI�L-afiN ia6�0oS-�Z'4'i7 Mail after recording to .__.. -- ... - Nathan S. ,S_ arders. And Ji.x1iA__S.-,Sarj3ws-404.-4a,7-dlp... ..... ...-Ae.00Tt 04b 110 Hinton Avetnhe, Wilmington, NC 28403 `06z-1F--49p sr014-440 el:n;ai� ru - _ae1 4br 4ql ill ow This instrument was prepared y - - - Biel. E). Mahn,_Attorney at.,Iaw -- F�-p�.-ilu� ;pw ayd/s-arwA. d97-ne -aW 0"1340+ Brief description for the index Gat-o[.-ar.. 4fd�Gf7f _oeu Go7-GoS-dw owiL34NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .- 9tih -... day of August ............... ....... . 19.94 . , by and between GRANTOR i#HMM D. MAM, Substitute Trustee ufhder the Amendment to Land Sales (bntract xeocied in B7ok ifr,—r Page Liz e? , i , the New ilanov r Catty Registry. GRANTEE m3wN S. Sxmms and wife, JUDIA B. SANrERS Eater in appropriate hbek for each putt: uame, addtep, MA, if appropriate, tharacter of eaAty, e.q. corporation or pattnecahla. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by content. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknow)edged, has and by these presents does grant, bargain, set€ and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of I Federal Point Township, New Hanover County, North Carolinaund more particularly described as follows: Being all of that pxx4*sty described in mhihit A hereto attached and in o ptwated herein by reference. 1 4. Bay A.wc- Fo^i`�M1a. 3 $ 1916. Revved 49 19117 NOV 19 2F 342143 600i PAGE 1804 0299 The property hereinabove described was acquired by Grantor by inatrument recorded inAbe, Tiew-Flartnura_r.Cbunty....• iteclistiy, .................. ......... .......... ........ "-'....................... -..................................................... _ A snap showing the above described property is recorded in Plat Back . _ ........._ ___-...... page._,...,.., -............I TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated_ Title to the property hereinabove described is subject to the following exceptions: Being all of that property described in Exbibit A hereto attacd-red and micurpor-ated herein by —f—. Itwrp .te. has caused W. Instrument to be skroed ka Ite IN WITNESS WHERCOP. the Grantor has he[ennln set his wood anWIIbY Bw td at Dkreeton, the day end year that r orpnrate name by kts duly authorized ofnvt and its seal to be hereanIo a above w IMII. _ it ___________.____-_____-__________.(SEAL) .___________.______________________________ ___________________ (Coryoraw Name) la vial substitute Trustee 0 By_ ------ _---------------------------------------------------- X ___-(SEAL) "es)dear x ATTEST: _____________________________________—____.._____-_____ � Secretary (corporate seal) ;0 (SswtJ -` s wap a(/a% IrORTH CAROLINA- ----- J7 id- �r__.________ Ceoe[y. -� rrV� Ia(yTARy ry�,.� rr t.�s,.., �.y�.�.�} e I. a NOIalY poblke of the CVRntY and State aferesatd, c[rtIIY that _3JAiiJel-V Mahn,_SUbS.itUtP_ _____________________ Greeter. ptraoruny appeared before Ins twee day and ec] n Iw dxed the .Tecate.. of the foretotnC instrvmeet Witness "Y ey '%L 19.+' e•«� f� `` + p wand ana o[I)Ad stamp or atak this day of ------- R��_____ ________ ____ i,f___ _. MY Cemmisslan eKglres' ____ - 5`-13f 9s_______________ !J_-_Y}il=t^--'TM`_-S_ Notarl R.blie SEAT. -STAMP roaTH CAROLINA_ ------------ _--------------------- County. 1, a vo, Pobtke er the County and State attd. Certify that __________________________________________ 1[ personally tame before ma this d;7 sad aelnaMled{ed that ____ he la _______________________ Secretary M e North caroDaa cr.rgoRtfon, and that by authority datf + ce[ ti+n, the fore ohs Iestrum.ent given and L the act eI the Pora t [ was slKeed le W came by its --------------- President. sealed xHh i4 eerponle uai and atteafad b7 ___________ at its ___________________________ Secretary — witness my hand and orrictal Ramp er soak this _______day Of _________ __ ________________ lf_________ MY cdmm)ssko eapiree: ________________.._____________________________.._______________________ N"av Public the m.ra.lbt Cer[ii;rale(t) oI----------------- ___$1]Ts3Ii._la.__�a�•s3_T.-l�r-------- — ------- _...---------------- --------------------- -----"----------------------------- -- - Is are rertll:rd to be correct. Thta mltrament and this etyUncate are duly te;btered ■t the data and time and J. the Honk and IPACt shore On the !stet Dafe hereon- RBGiSTCIt OF DEEDS FOIL ---- IAW_�-.K-------------- COUNTT ---------------neIPUY/Aeekstaat- Register of Deedr tit ktai .t.,.w karm M1„ t i 1976- kr,sxd 5 1479 N 0 V 19 20'' BOOK PAGE 6 a 4 0300 EXHIBIT A PARCEL 1: All of the real estate conveyed or attempted to be conveyed in that certain deed from Ocean Forest Lakes Associates to Pilots Ridge Development Corporation dated December 9, 1986 and recorded on December 10, 1986 in Book 1153, Page 1609 of the New Hanover County Registry consisting of approximately 238.75 acres of land in Tract one thereof and approximately 40 acres of land in Tract Two thereof as described in said deed, the description being incorporated herein by reference. PARCEL 2: All real estate the record title to which was vested in Ocean Forest Lakes Associates, a North Carolina Limited Partnership, on February 12, 1987, and being that property which was conveyed or attempted to be conveyed by deed dated February 12, 1987 and recorded on February 12, 1987 in Book 1363, Page 374 of the New Hanover County Registry, said deed being re -recorded on March 2, 1987 in Book 1365, Page 918 of the New Hanover County • Registry, less, however, any portion of the property conveyed out by Essex Financial Group, Ltd., Royal Dunes Development Corporation or any title holder subsequent to Ocean Forest Lakes Associates after acquisition of the title to said property by those owners subsequent to Ocean Forest Lakes Associates. PARCEL 3: All of that property conveyed by !Pathan S. Sanders and wife, Judia B_ Sanders, to David E. Huffine, Trustee, as described in that deed recorded in Book 1756 at Page 0060 of the New Hanover County Registry, the description of which is hereby incorporated by reference. EXCEPTING, HOWEVER, all lots or parcels previously conveyed. NOV 19 2020 ADMirr D TD RECC*D �tir OF I` BOOK PACE rr 18$2 N 012:9 6b',i,Y juE WTS �A lirC;3TLI( CJ Dc[95 STATE OF NORTH CAROI:IP3i W'Dya CUU-4TY DECLARATION Ot RESTRICTIOMS COUNTY OF NEW HANOVER f OF RIVER ISLAND, SECTION I THIS DECLARATION OF RESTRICTIONS, made this the / _day of May, 1945, by S"Co OF WILMINGTON SERVICE CORPORATION, a North Carolina Corporation, herein referred to as "I7evelogerp; 0Q00S4A M I T N E S S E T R: THAT Developer is the owner of all of the interest and equity in that certain tract of land known as Lot 5 , Section I, RIVER ISLAND, and it is the desire of the Developer, to ensure the use of uaid property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each Lot owner in RIVER ISLAND, the full benefit and enjoyment of his Dome with no greater restriction upon the free and undisturbed use Of his lot than is necessary to ensure the same advantages to the other lot owners in the subdivision. NOW, THEREFORE, the Developer does hereby covenant, agree and declare to and with all persons, firms, or corporations awning or liereafter acquiring Lot 5 , Section _ I�, RIVER ISLAND, as shown upon a map recorded in Nap Book 34 at Page 381 , of the New Hanover county Registry, that said -Tot is hereby made subject to the fallowing restrictions as to the use thereof, running with the land by whomsoever owned, and that all of the lots to be sold in RIVER ISLAND, to be shown on future maps to be recorded in the New Hanover county Registry, shall be made subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, to -wit; 1. RESIDENTIAL USE ONLY: All lots in said subdivision shall he known as single-family residential lots, and shall be used for jesidential purposes only. 2. SIZE OF STRUCTURES: Only single family dwellings will be allowed. The inclusion of detached servant's quarters or 0mother- i.13-law quarters" shall not be considered a violation of this restriction. No one-story dwelling containing less than 2,400 square feet of heated floor space will be allowed on any lot in the subdivision. No two-story dwelling containing less that 2,900 square ieet of heated floor space will be allowed on any lot in the Subdivision. No three-story dwelling containing less than 3,000 square feet of heated floor space will be allowed on any lot JA the Subdivision. 1 372672 0001( 18e2 pApie 01 z9 A detached or attached garage for not less than two (2) cars must be constructed on each lot in the subdivision at the time of construction of the primary dwelling located thereon. In cases where the square footage area computed as provided ( 13 *-ws herein is not more than ten percent (10%) below the minimum requirements established herein, the Developer or its designated agents may, in its sole discretion, approve the construction of the dwelling if it is in conformity with the general development of the Subdivision. Driveways on each lot shall be constructed of black or dark gray concrete, brick, asphalt, exposed aggregate or other material approved by the Developer. 3. DETACHED STRUCTURES: All detached structures, including Pump houses, constructed on any lot in the Subdivision shall conform to the design and material specifications and colors approved for the dwelling constructed thereon. 4. PIERS: No individual pier construction shall be allowed on any of the individual private lots. S. EXTERIOR COMPOSITIOX; No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block or tar paper composition shall be used for the exterior of any dwelling constructed on any lot located in the Subdivision, it being intended that only conventional frame, clay brick, stucco, or vinyl exteriors be constructed on the lots subject to these covenants. G. SETBACK REQUIRE303M ; Since the establishment of standard inflexible building setback lines for the location of houses on lots tends to force construction of houses directly to the side of other houses with detrimental effects on privacy, views, preservation of important trees and other vegetation, ecological, and related considerations, no specific setback lines are established by these restrictions. in order to assure, however, that the foregoing considerations are given maximum effect, the Developer reserves the right to control and approve absolutely site and location of any structure upon any lot. the 7. PROHIBITED USES: No lot located within the Subdivision shall ever be used for business, manufacturing, commercial or professional purposes, it being intended that all lots are restricted to residential use only. S. TEMPORARY STRUCTURES: No house, trailer, mobile home, tent, shack, garage, or temporary structure of any nature, shall be located on any lot or used at any time as a dwelling, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. 8Q0K PACE z882 0138 9. FENCING: The Developer reserves the right, in its sole discretion, to approve all fencing plans for any lot in the Subdivision. Any owner of any lot who desires to erect a fence thereon must first submit a perimeter plan for said fencing, along C 13 ow. with the specifications on materials and design to the Developer and obtain the Developers approval prior to the beginning of construction of said fence. Developer encourages fencing, but it must be of an historical style. 10. CLOTHES LINES: The outdoor drying of clothes and the erection of outdoor clothes lines or similar devices in the Subdivision shall be subject to the approval of the Developer, and then only when thoroughly screened from view. 11. YARD SALES: No yard sales or garage sales shall be permitted upon any lot in the Subdivision_ 12. SIGNS: No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot, except that one sign per lot, not to exceed five (5) square feet in area, may be used to advertise a completed dwelling for sale. No "For Sale" signs are allowed on any unimproved lot. This covenant shall not apply to signs erected by the Owner of the lot (individual or Developer) used to identify and advertise the Subdivision as a whole, by the general contractor/builder of the residence doing the construction, or by a bank or mortgage bank advertising that it has provided the financing for said construction, provided that such financing advertising is included on and made a part of the general contractor's/builder's sign_ 13. PU6L TANKS' STORAGE RECEPTACLES, ETC.: No fuel tanks or similar storage receptacles located on any lot may be exposed to public view. Any such receptacles must be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground. 14. ANTENRA£, SATELLITE DISHES: Possession and placement of television antennae, or television or radio satellite dishes on any lot in the Subdivision shall require the express written approval of the Developer. Thorough and effective screening for the same shall be one of the essential conditions for the granting of such approval by the Developer. 15. ANIMALS, NUISANCES: (a) No noxious or offensive activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or may become an annoyance or nuisance to the neighborhood. 3 W 7�� rM 97, -Ad BOOK PACE 1882 0 13 1 (b) No animals, livestock or poultry of any kind shall he raised, bred or kept on any lot in the Subdivision, except that dogs, cats or other household pets may be kept for the purposes of providing companionship for the private family. Barking dogs shall be restrained by their owners to the satisfaction of the surrounding residents. Animals are not to be raised, bred or kept < 0MI. for commercial purposes or for food. It is the purpose of these provisions to restrict the use of any lot so that no person shall quarter on said lot cows, horses, bees, hogs, sheep, goats, guinea fowls, chicks, geese, rabbits, chickens, turkeys, skunks, snakes, or any other animals that may interfere with the quietude, health or safety of the community. No more than four (4) household pets will be permitted on any lot. pets must be restrained or confined on the homeowners back lot inside a fenced area or within the house. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification, and further, must be kept on a leash when not confined within the fenced area. When such animals are not confined within a fenced area of the owner's yard, it is the pet owner's responsibility to remove any pet debris left by their pet upon any of the lots or common areas within the subdivision. Any costs incurred by the other lot owners or the Association as hereinafter established, for the removal of pet debris left by the pet of a lot owner upon any lot or upon any part of the common areas shall be a charge against the pet owner's lot and shall be assessed against that individual lot owner as a special assessment and subject to the regulations regarding liens and assessments as hereinafter set forth. The Association may, in addition, establish a schedule of fines for violations of this Paragraph and such fines shall be assessed as a special assessment and collected in the same manner as costs of removal provided herein. (c) Unsightly or inoperative junk cars, equipment, materials and like exposures cannot be maintained on the property either prior to or after the residence has been erected on any lot. Further, automobile maintenance and repair should occur inside the garage, and at no time shall automobiles be allowed to be placed on jacks or blocks, in the view of neighboring residents, even for a brief time period. 16. CONSTRUCTIMI APPROVALS: ais eDeveloper 'historic looking"neighborh neighborhood and that all home construction and landscaping should be in and consistent with the "Old South", "Antebellum", or other styles or blends of styles as may be found in the Historic Districts of New Bern, North Carolina, Wilmington, - North Carolina, Charleston, South Carolina, or Savannah, Georgia. All building plans for any structure to be constructed in the subdivision shall be approved by the Developer prior to the beginning of construction. Front, rear and side elevations, together with specifications on the exterior siding, windows, 4 Nov �-5.'20 - - 321 BOOK PACE 188� 13 doors, roofing and exterior colors, ? gether with actual color samples, as well as complete interior floor plans, must first be submitted to Developer for review and approval prior to the beginning of construction, to include site work. shall C � simultaneously Landscaping building b plans approved plans Submitted Developer or approval shall include a site plan with 10t lines, building outlines, driveways and parking areas. Identification of vegetation to be removed is required. Landscaping plans shall include sufficient cover to screen air conditioner compressors and trash receptacle areas, and shall provide visual breaks to the building foundation. Each lot shall include significant areas of sodded lawns, and all landscaping shall be maintained and watered by underground irrigation sprinkler systems. Landscaping plans as submitted shall specifically encompass the entire lot and include regular proper mowing and maintenance from the foundation of the residence to the edge of the lot line or to the edge of the Pavement of the private right of way. Further, removal of any existing vegetation shall require the express written approval of the Developer. It is the intent of the Developer herein to extensively retain as much of the natural existing vegetation, as well as the natural existing placement of the same in order to preserve and enhance the natural aesthetics of the Island development as fully as possible. The intent of this article being to have landscaping which will enhance the "historic look" of the Island. (c) Removal of any tree with a caliper of 3" or more at a height 2' above the ground shall always require written approval of the Developer or the Home Owners Association if such responsibility has been transferred to the Home owners Association. within fifteenAll (1 ) d ys afterdebris completionbof the main structure site on any lot. During construction, trash and debris shall be removed from the site daily to prevent unsightly accumulations and the resulting spread thereof to adjacent property_ Dumpsters or fenced areas shall be required for the placing of loose trash and debris. Dumpsters shall not be placed within any street right of way. Upon a lot owners failure to collect and dispose of such trash and debris within fifteen (15) days after receipt of written notice from the Developer, developer may collect and dispose of same at the lot Owners expense. (e) All property improvements on any lot must be completed within six (5) months after the beginning} of construction. (f) Developer may appoint a committee to assist it in the review of plans and specifications hereunder. After all lots in the Subdivision have been sold and closed, all of Developer s responskbilities for such approvals will be turned over to a N0V 2 5 ZQ20 --N. 1. 1- - BOOK PACE 1882 0 13 3 committee appointed for such purpose by RIVER ISLAND OWNERS ASSOCIATION, as herein established. in such a (g) No structure, planting or other material my be placed mainte a ce manner e utilitior es ion a esand drainages to efacilities, unless the ( ❑ }w%" location and manner of use thereof has been first approved in writing by the Developer. 17. PROHIBITED PARKIRG., No boats, trucks, cars, trailers, campers, Motorcycles, travel trailers, or other type of recreational vehicle may be parked or stored on any of the common areas or the street rights of ways in the Subdivision. All vehicles referenced herein shall be parked in the rear of each individual lot and screened from neighboring views by a minimum of six feet of significant screening material (e.g. treated wood fencing or natural vegetation, or both), except that each individual lot owner may have a total of four cars, minivans or pickup trucks routinely parking in the subject driveway for each individual lot. 18. EASEMMMS AND MAINTSNAXCE: ) Easements fr the installation utilitied Maintenance of saand drainage facilities are reserved as n shown on the plat of RIVER ISLAND. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. The Developer reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. By acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot, and in the event that the Buyer or Purchaser of any lot within the said subdivision breaches this restriction, the Developer reserves the right to enter upon said lot and mow the grass, clean up the lot and remove unsightly structures and objects, at the owner's expense. All maintenance required hereunder shall also include that area from the lot line to paved streets and any easements that traverse any portion of the lot. (b) The general grading, slope and drainage plan of a lot may not be altered without the express written approval of the appropriate New Hanover County authorities, and the Developer, and other appropriate agencies having authority to grant such approval. (c) Each lot owner shall maintain the exterior of all buildings, fences, walls and other improvements on his lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit .Nov 2 5 2020 ( [3 "W. BOOK PACE i882 134 the roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improvements to deteriorate in an unattractive manner. The maintenance referenced herein shall be supervised and regulated by the Homeowners Association. In the event that the lot owner shall fail to comply, the Homeowners Association is expressly hereby authorized, and the lot owner hereby expressly agrees, that said maintenance and/or repair may be effected by the said Homeowners Association with the expenses incurred for the same to be assessed against the individual lot owner as a special assessment and subject to the regulations regarding liens and assessments as set forth herein in Paragraph 24. 19. STORMWATER RUFF REGULATIONS: Restriction of built upon areas: (a) Built upon area, defined: Built upon area shall mean that portion of each lot that is covered by impervious or partially impervious cover, including building, pavement, recreational facilities, etc., but not including decking. The built upon area for each lot shall not exceed 6,350 square feet, unless and until, the State of North Carolina shall revise its stormwater runoff regulations to permit a greater built upon area for each let. Built upon area, square feet ofany lotof RiverIsland Subdivision shall be covered by structures and/or paved surfaces, including walkways, driveways or patios of brick, stone, slate or similar materials, all of which constitute effective impervious cover which is controlled by North Carolina Coastal Stormwater Regulations. The Developer reserves the absolute right to re -calculate the maximum allowable built upon area for each lot if required by North Carolina Coastal stormwater Regulations. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the state of North Carolina, and therefore compliance may be enforced by the state of North Carolina. 20. UTILITY WW MENTS: The Developer reserves the right to subject the real property in this Subdivision to a contract with Carolina Power and Light Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or continuing monthly payment to Carolina Power and Light Company by the owner of each residence. 21. MAIL SOLES AND NKWSp"RR BOXES: Each lot in the Subdivision shall have only one (1) mailbox and one (1) newspaper box to be mounted on a single post, and all such boxes and posts shall be of a historic style and must be approved by the Developer. Such mailboxes or paper boxes agy be provided by the Developer. Any boxes provided by the Developer shall be considered an improvement and must remain with the lot. 7 BOOK PACE 1882 0 13 5 22. WATER AND SSM15R: (a) All water to be used in said subdivision for domestic purposes shall be obtained from the community water system, unless C E] qM3. other sources are approved by the City -County Board of Health and the owner of the community water system, or their successors. Lot owners may, however, drill shallow wells for irrigation purposes and for non -domestic usage. An eight (8) foot radius from each water meter shall be an easement for maintenance and repair of such meter. Additionally, the front (10) feet of each lot is hereby reserved for utility easements. The Developer hereby grants an easement to the community water company along all streets and roads in the subdivision for the purpose of installing, maintaining, repairing and replacing water lines. The Developer hereby expressly retains the right to Provide for the water needs of each individual lot to be supplied by the drilling of individual wells by the individual lot owners, as an individual alternative or a collective alternative to the community water system described herein. (b) Sewage disposal systems shall be only into the New Hanover County sewage collection system, or private sewage collection system for the Subdivision, or through individual septic tanks, only if a sewage collection system is not available. 23. BOAT SLIPS: (a) Each lot set forth on the Subdivision plat recorded in Map Book , at Page , of the New Hanover County Registry, shall include and he assigned, one non -severable boat slip in the marina dock area in the RIVER ISLAND Subdivision as shown in Exhibit A hereto attached and incorporated herein by reference. Assignment of the slips pursuant to this paragraph shall be made by the homeowners association as hereinafter established, and slip assignments shall be made on a first -come, first -serve basis as each of the lots in River Island is conveyed by the Developer. The homeowners association shall maintain, as part of the corporate records, a record of the assignment of slips and may issue such documents to the association members as it shall deem necessary to evidence such slip assignments. (b) Except as hereinafter provided, no property interest concerning the herein described boat slips shall ever be conveyed, sold, transferred, leased, mortgaged, or otherwise encumbered individually and apart from the lot associated with the boat slip assigned to it. Lot owners in River Island, with the approval of the homeowners association, which shall, not be unreasonably 8 ro 7L I A ( *M*. BOOK PACE 99 fl136 withheld, may exchange 1IgA between themselves to suit the needs of the owners of the lots. The said boat slips shall be exclusively for the use of the owners/residents of the primary residence of the subject lot. Guests shell not be permitted to use, enjoy, or occupy the said boat slip for more than any seven (7) days in a given (30) consecutive day period. Any exceptions to the guest time period set forth herein shall require the express written consent of the homeowners association with an individual, case: by case, review and consideration. (c) The Board of directors of the homeowners association as herein established shall have the authority to formulate, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of the boat slips and pier areas. Enforcement of such rules and regulations may be made by the levying of fines for violations, which shall be assessed, collected, and enforced against the responsible lot owner(s) in the same manner as a lot assessment pursuant to paragraph 25 of this Declaration. 24. OW1iERS ASSOCIATION: To provide for the maintenance, repair, upkeep and replacement of the private streets, bridge, street signs, pier, dock, boat slips, walkways, gazebo, fire protection water tank and appurtenances, irrigation system, and other amenities, and other common areas, the Devsloper has formed RIVER ISLAND OWNERS ASSOCIATION, INC., a non --profit corporation organized pursuant to Chapter 55A of the General Statutes of North Carolina. The Association shall be responsible for providing any necessary liability insurance. The Articles of Incorporation for said corporation are recorded in Book , at Page of the New Hanover County Registry. The By -Laws for said corporation are attached hereto as Exhibit ^B^, and are incorporated herein by reference. Every fee simple title to a lot within the development shall be deemed own, possess and have accepted: (a) A membership or memberships in the RIVER ISLAND OWNERS ASSOCIATION, INC., appurtenant to his lot(s); (b) An undivided equal interest with all other owners, for each membership in the Association owned, in the Association and all of its assets; (c) An easement of access and enjoyment, equal to that of all other owners, in and to all of the streets, common areas and amenities, subject to the right of the Association to dedicate or transfer all or any part of the common areas and amenities, for such purposes and subject to such conditions as the Association may determine, acting by and pursuant to the provisions of its duly enacted By -haws. 9 BOOK PAGE 1882 4137 (d) The duty of complying with and abiding by all of the provisions of these Articles, the By -Laws of the Association and the Rules and Regulations of the Association, including the payment of dues and assessments as provided herein. 25. LIENS AND ASSSSSMMTS: The Association has heretofore been given the authority to administer the operation and management of the common areas and the amenities, of the property, it being recognized that the delegation of such duties to a single entity is the best interests of the owners of all lots subject hereto. To properly administer the operation and management of the common areas and amenities, the Association will incur, for the mutual benefit of all the owners of such lots, casts and expenses sometimes herein referred to as "common expenses . To provide the funds necessary for such proper operation, management and capital improvement, the Association has heretofore been granted the right to make, levy and collect assessments against the members of the Association and their lots. In furtherance of this grant of authority to the Association to make, levy and collect assessments to pay the costs and expenses for the operation of, the management Of, and for capital improvements to the common areas, which for the Purposes of these By -Laws shall be deemed to include, but not he limited to, the common areas and amenities, and ail other improvements, the following shall be operative and binding upon the owners of all lots: (a) The owner of any lot subject hereto, with the exception Of the Developer, by acceptance of a Heed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges; and (ii) special assessments for capital improvements or special assessments as established by the Board of Directors of the Association, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with the interest, costs, and reasonable attorneys fees, if any, shall be a charge on the lots and shall be a continual lien upon each lot against which they are levied. Each such assessment, together with interest, costs and reasonable attorneys fees, shall also be the personal obligation of the person or entity who is the owner of such lot at the time when the assessment falls due. The personal to W BODK PACE 1882 0138 obligation for delinquent assessments shall not Pass to any successor in title unless expressly assumed by him. (iii) The Developer shall only be required to pay t R e twenty-five percent (25%) of the regular annual assessments on any lot owned by it prior to its sale. For example, if regular assessments on a lot are $100.00 per year, Developer shall only be required to pay an assessment of $25.00 per year per lot owned by it at the beginning of the assessment period. (b) The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the property in particular for the maintenance, repair and replacement of all common areas (including but not limited to common bridge, common pier, amenities and streets.) (c) The annual assessments for each calendar year shall be established by the Board of Directors, and may be increased by the Board of Directors for any calendar year without approval by the membership by an amount not to exceed ten percent (10%) of the maximum annual assessment of the previous year. The maximum annual assessment for any calendar year may be increased without limit by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting called for this purpose. (d) In addition to the annual assessments authorized above, the Association may levy, in any calendar year, a special for or the purpose of defraying in whole or in part, the costs of any construction, reconstruction, repair or replacement of a capital improvement to the common areas (including but not limited to common bridge, common pier, amenities and streets), provided that any such assessment shall have the assent of two-- thirds (2/3) of the vote of the members who are voting in person, or by proxy at a meeting duly called for this purpose. All special assessments shall be fixed to the uniform rate for all lots and may be collected on a monthly basis. (e) written notice of any meeting called for the purpose of taking any action authorized under paragraph 24(d) shall be sent to all members not Jess than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all votes of the membership shall constitute a quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 11 W soot `PACE I a 8 Z 0139 (f) The annual assessments provided herein shall collected on a yearly basis and shall commence as to all lots on the first day of the month following recordation of this Declaration of Restrictions. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. the due date hallsbear minterest withinent not paid at theratehof fourteen irty (30) ypercent (14%) per annum from the date due until paid. The Association may bring an action at law against the owner personally obligated to Pay the same or foreclose on the lien against the lot, and interest, costs, and reasonable attorney's fees of such action for foreclosure shall be added to the amount of such assessment. (h) The lien herein granted unto the Association shall be enforceable from and after the time of recording a claim of lien in the public records of New Hanover County, North Carolina, which claim shall state the description of the lot encumbered thereby, the name of the record owner, the amount due and the date when due. The and the lien mshall of lcontinue bn effect until all sums edby en shall e able nay time fsecurter atsaid lien as herein provided shall have been fully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorney s fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided. Such claims of lien shall be signed and verified by an officer or agent of the Association. Upon full payment of all sums secured by such claim of lien, the same shall be satisfied and canceled of record. The lien provided for herein shall be subordinated to the lien of any first mortgage or Deed of Trust and any person, firm, corporation or other entity acquiring title to any lot by virtue of any foreclosure, deed in lieu of foreclosure or judicial sale, sha11 be liable and obligated only for assessments as shall accrue and become due and payable subsequent to the date of acquisition of such title, and such owner shall not be liable for the payment of any assessments which were in default and delinquent at the time such owner acquired title. In the event of the acquisition of title to a lot by foreclosure, deed in lieu of foreclosure or judicial sale, any assessment or assessments as to which the party so acquiring title shall not be liable shall be absorbed and paid by all owners of all lots as part of the common expenses, although nothing herein contained shall be construed as releasing the party liable for such delinquent assessment from the payment thereof or the enforcement of collection of such payment by means other than foreclosure. M Upon the sale of eighty percent (80%) of the lots in all phases of RIVER ISLAND, the Developer may turn over control of the Owners Association to a Board of Directors to be elected by the membership in accordance with the By -Laws of the Association. 12 -1" d saNca Or LxINCTON ERv coRPo ION By: (� SE311 ) Na n S. Sa ers res dent BOOK PAGE }} Z 01`i0 Until such time, howevI � �he Developer shall elect the Board of Directors of the Association. 26. IRVALIDATION: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other covenants herein, which shall remain in full force and effect. 27. VIOLATION: If the parties hereto, or any of them, or their heirs or assigns, or any other party subject hereto, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in said RIVER ISLAND to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from doing so or to recover damages or other dues for such violation. 28. VALIDITY: All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not be limited to the successors and assigns, if any, of the Developer, for a period of twenty (20) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the owners of a majority of the lots (not including mortgagees or trustees under deeds of trust) substantially affected by such changes in covenants, has been recorded, agreeing to change said covenants in whole or in part. 29. DEVELOPER'S RIGHT TO AI76HD: Developer shall have the right, at any time prior to December 31, 2005, to amend these Restrictions, in whole or in part, without the consent or joinder of any owner of any lot in said subdivision, so long as such amendments do not impair the property values of the other lots in RIVER ISLAND. IN TESTIMONY WHEREOF, 5ANCO OF WILKINGTOR SERVICE CORPORATION, the Developer, has caused this instrument to be executed in its corporate name by its duly authorized officers, and its corporate seal to be hereunto affixed, by authority of its Board of Directors, this L_ day of May, 1995. P ATTEST LCr� p4 .Iudla U q94ders, 5 STATE OF NORTH CAROLINA �Q COUNTY OF NEW HANOVER a Notary Public of said County and State, d ereby certify that Judia B. Sanders personally appeared before me this day and acknowledged that she is the Secretary of " SANCO OF WILMINGTON SERVICE CORPORATION, a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Secretary. Witness my hand and notarial stamp or seal, this the / l_ day of May, 1995. my Commission Expires: _ !'. btary 11 Public -1rf 111•1- STATE OF NORTH CAROUNA New HanoYt�sC, oouunt ty ) ��vi��nda G. Wow odell� . Notary (NukN10 Cd rUc la/ am certified to be adnx-d. This LAe 12 day OF May ]9 95 21 Sue du . ret M - - � by Major Permit Fee Schedule r -1 ha F.,v''r Is( n 1 Project Name: d6CV, ��-6m M'-6n-44-t( vv County: 01V H041C,r01' Check No & Amount: I �? Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024361000952341) I. Private, non-commercial development 'P>-7A that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% ($0) open water areas: It. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III For development that involves the filling andlor excavation of up to 9 acre of wetlands andlor open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development.. if General Water Quality $250 100% ($250) 0% ($0) Certification No 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. tll(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life- ldl D). If General Water Quality Certification No 4175 cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands andlor open water areas: