SW8941115_Current Permit_20040324

Ot"GF VgATr,4QG Michael F. Easley, Governor
y North Carolina Department of Environment �llnd Natu al Resources
O Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 24, 2004
Mr. J.B. Gerald
Oceana Limited Partnership
PO Box 4218
Wilmington, NC 28406
Subject: Approved Revision
Oceana 11
;Stormwater Project No. SW8 941115
New Hanover County
Dear Mr. Gerald:
On March 22, 2004, the Wilmington Regional Office received a request to reallocate
built -upon area from one of the lot owners ih Oceana Subdivision II, permitted under
Stormwater Management Permit Number SW8 941115. The revisions include the
reallocation of built -upon area to Lots 40, 42 and 49, ail owned by E. Dale Parker. Lot
40 is now limited to a maximum built -upon area of 3,057 ft2, Lot 42 is now limited to a
maximum of 3,044 ft2 and Lot 49 is limited to maximum of 2,200 le. All of these changes
have been recorded in Deed Book 4233 Page 905-907, New Hanover County Register
of Deeds. It has been determined that a formal permit modification is not required for
the proposed changes.
Please be aware that all terms and conditions of the permit issued on April 6, 1995, .
remain in full force and effect. Please also understand that the approval of this revision
to the approved plans for the subject State Stormwater Permit is done on a case=by-
case basis. Any other changes to this project must be approved through this Office
prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at
[phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\art: S:IWQSISTORMWATIREVISION1941115.mar04
cc: E. Dale Parker
Town of Carolina Beach Building Inspections
Linda Lewis
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, [phone] Customer Service AWA
gton, NC 28405 [phone] Fax [phone] NMEIN

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Wk 2004
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Prepared by and return to:
O. Hampton Whittington, Jr.
P.O. Box 457, Benson, NC 27504
NORTH CAROLINA
NEW HANOVER COUNTY
AGREEMENT
2004012797
FOR REGISTRATION REGISTER OF DEEDS
RESECCA T. CHRISTIAN
NEW HANOVER COUNTY, NC
2004 MAR 16 61:34:21 PM
BK : 4233 PG : 905-907 FEE : V 7 , 00
THIS AGREEMENT made this 15 day of March, 2004, by E. DALE PARKER,
hereinafter referred to as "Parker".
WITNES SETH:
WHEREAS, Parker is the owner of Lot 40 and Lot 42 in Section 2 of Oceana as shown
on a plat recorded in Map Book 34, page 143, New Hanover County Registry and Lot 49 in
Section 2 of Oceans as shown on a plat recorded in Map Book 35, page 180, and Map Book 34,
page 143, New Hanover County Registry (hereinafter sometimes referred to as "Lot 40","Lot
42", "Lot 49" or collectively as "Lots"); and,
WHEREAS, the Lots are sdbject to certain limitations upon the maximum allowable built -
upon area for each lot (hereinafter referred to as the "Footprint Requirements") as set forth in
Amendment to Supplemental Declaration of Covenants, Conditions and Restrictions recorded in
Book 1854, page 745, New Hanover County Registry; and,
WHEREAS, Parker desires to modify the Footprint Requirements for his Lots;
NOW, THEREFORE, IT IS HEREBY AGREED:
1. Parker shall transfer 290 square feet of Footprint Requirements from Lot 49 to Lot
40 and 277 square feet of Footprint Requirements from Lot 49 to Lot 42.
2. Upon the recording of this instrument, Lot 40 is now limited to a maximum allowable
built -upon area of 3057 square feet; Lot 42 is now limited to a maximum allowable built -upon
area of 3044 square feet and Lot 49 is now limited to a maximum allowable built -upon area of
RETURNED TO �� '� I C1, Snq! A; e,

2200 square feet.
This agreement shall be recorded in the Register of Deeds of New Hanover County.
4. If Parker sells or conveys Lots 40, 42 or 49 to any other party, the deed or other
instrument of conveyance. shall indicate that the Footprint Requirements for Lots 40, 42 or 49
have been modified pursuant to this Agreement.
This Agreement is binding upon the parties, their heirs, successors and assigns.
IN WITNESS WHEREOF the parties have executed this Agreement on the day and year
first above written. iw�v , (SEAL)
E. Dale Parker
NORTH CAROLINA
JOHNSTON COUNTY
I, a Notary Public of the County and State aforesaid, certify that E. Dale Parker
personally appcared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal this day of March, 2004.
3 *01
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Notary Public 4 N ► W 17
• •
My Commission Expires: - 3 --�,?��y� � :, •f b r L p _ �'

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FA*
2W
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
Recorder:
WILMINGTON, NC 28401
0311612004 01:34:21 PM
RE 4233 Page: 905-907
2004012797
AGMT 3 PGS $17.00
MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of NATALIE NORRIS Notary is certified to be correct. This 16TH of March 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/Aseistant Register of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004012797*
2004012797

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DMSION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
April 6, 1995
Mr. J. B. Gerald -
Oceana Limited Partnership .
Post Office Box 4218
Wilmington, North Carolina 28406
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. SW8 941115
Ocean II Subdivision
New Hanover County
Dear Mr. Gerald:
The Wilmington Regional Office received the Stormwater Submittal for Oceana II Subdivision on
November 21, 1994, with final information on April6, 1995. Staff review of the plans and specifications,
including the statement of intent to deed restrict the allowable built -upon area to 2,767 square feet for each
of the 17 lots shown on the approved Section II plan, has determined that the project as proposed :meets
the intent of the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(a)(3).
Any modification of the plans submitted to and approved by this Office. or further development of
this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership., redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area as shown on the
approved plans.
This Certification shall be effective from the date of issuance until rescinded. The project shall be
constructed and maintained in accordance with the plans and specifications approved by the Wilmington
Regional Office. This Certification does not supersede any other permit, or approval. The developer is
responsible for obtaining any and all permits and approvals necessary for the development of this project.
This could include the Division of Coastal Management under CAMA requirements, the Division of
Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge and Fill
Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland Permit,
NPDES stormwater permit if disturbing. five acres or more, local County or Town Agency permits under
their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

Mr. Gerald
April 6, 1995
Stormwater Project No. SW8 941115
-----------------------------------------
Deed restrictions, including the allowable built -upon area per lot, must be recorded with the Office
of the Register of Deeds, prior to the sale of any lot. A copy of the recorded deed restrictions, including
deed book number and page, must be forwarded to this Office within 30 days of the date of the recording.
Failure to record , and/or submit the deed restrictions to this Office is considered a violation of this
Certification. -
An Engineer/Designer/Owner Certification (copy attached) must be submitted upon completion of
construction. The Certification will verify to this Office that the stormwater controls, general layout of the
project, and the.amount of impervious area, are in substantial compliance with the approved Stormwater
Plan. The E/D/O Certification will not be accepted until the deed restrictions have been recorded.
3900.
If you have any questions concerning this matter, please contact Linda Lewis or me at (910) 395-
Sincerely,
- .J
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\941115.APR
cc: John Klein, P.E.
_-_-_.-_.---Alan Barren,
Golden, Ne w Hanover County -inspections
TerC
AMA
Bradley Bennett
Beth Easley, New Hanover County
Linda Lewis
Wilmington Regional Office
Central Files

Oceana II. Subdivision
New Hanover County
Stormwater Project No. SW8 941115
Engineer/Designer/Owner Certification
I, , having been authorized to. observe
(periodically/weekly/full time) the. construction of the project,
(Project)
hereby state that, to the best of my abilities,, due care and diligence was used in the observation of the
construction of the stormwater control system for this project such that the construction was observed to
be built within substantial compliance and intent of the plans and specifications approved by the NCDEM
Water Quality Section. The layout of the impervious surfaces and the .road . details, as constructed,
conform with the layout and road details shown on the approved plans. (Note: if a copy of the recorded.
deed restrictions has not been forwarded, you must provide a copy along with this ' form. )
Signature
Date

DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to 7`Ilc'7 square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State.
CERTIFICATION
I. f� gi-_- "a . certifv that the information included on this
submittal form is correct, that the project will be constructed in conformance with this information, and
that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC
2H.1003 (b). 1 authorize the below named person or firm to submit stormwater plans on my behalf, and
agree to abide by .the deed restriction statement above.
Ow s Signature Date
Provide authorized person or firm name and address below:
1, Q . , allotary Public for the State f
County f , do hereb certify that personally
appeared befoi me this day of 19� ;and acknowledges the due execution
of the foregoing instrument. Witness my hand and official seal,
My commission expires y&,L c2g I'M
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Regional Office
Date Individual Evaluating Forms/Plans
Date
Regional Water Quality Supervisor
cc: Applicant/WiRO/Bradley Bennett/Central Files

TORMWATF0
RECORDED M
� AND VERIFIED
PA854 PAGE 7n E C E I U SUE COTS
AMENDMENTTO
UPLEMENTAL
�,DREG-�_,�,r�1STER OF DEEDS
.R S DECLARATION A N 0 V E R CO. NC
AQOF O& NTS, CONDITIONS AND RESTRICThSIft,
� SLC
OW045 ,v-orTIOI3 2, OCEANA
a
,F
N.
THIS AMENDMENT TO SUPPLEMENTAL .DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS is made this 15th day of February,
1995, by OCEANA LIMITED PARTNERSHIP, a North Carolina limited
partnership, hereinafter referred to as "Declarant".
WITNESSETH•
WHEREAS, Declarant is the developer of an exclusive
residential community of single family residences known as
"Oceana"; and
WHEREAS, in order to insure the attractiveness of Ocaana and
to prevent any future impairment thereof, to prevent nuisances, to
preserve, protect and enhance the values and amenities of all
properties within Oceana, and to provide for the maintenance and
upkeep of all common areas in Oceana, the Declarant did execute a
Declaration of Covenants, Conditions and Restrictions for Oceana
and cause the same to be recorded on March 17, 1994, in Book 1756,
Page 277, in the New Hanover County Registry, thereby subjecting to
the terms of said Declaration that certain property shown on a map
of Oceana recorded in Map Book 33, Page 336 and 337, in the New
Hanover County Registry; and
WHEREAS, said Declaration, in Article II, Section 2 thereof,
provides that the Declarant may, by the recording of Supplemental
Declarations, add contiguous lands to said development, thereby
bringing such lands within the scheme of said Declaration; and
WHEREAS, the Declarant has added to said development certain
REMPNED T'J': ^-�-�

BOOK1854 PACE 746
contiguous lands consisting of all of that real property shown and
depicted upon that certain plat of Section 2, Oceana, as recorded
in Map Book 34, Page 143, in the New Hanover County Registry, in
accordance with a Supplemental Declaration of Covenants, Conditions
and Restrictions for Section 2, Oceana, recorded September 29,
1994, in Book 1815, Page 946, in the New Hanover County Registry;
WHEREAS, under the terms of said Supplemental Declaration,
each lot in Section 2 of Oceana is subject to the provisions and
conditions of the original Declaration recorded in Book 1756, Page
277, in the New Hanover County Registry, except as otherwise
provided in the Supplemental Declaration; and
WHEREAS, pursuant to Article XIII, Section 8 of the original
Declaration, the Declarant has the right to amend the restrictions
by filing an amendment thereto with the New Hanover County Register
of Deeds; and
WHEREAS, the Declarant executes this instrument for the
purpose of amending the restrictions as to Section 2 of Oceana.
NOW, THEREFORE, the Declarant hereby amends the Supplemental
Declaration of Covenants, Conditions and Restrictions for Section
2, Oceana, as recorded on September 29, 1994, in Book 1815, Page
946, in the New Hanover County Registry, by adding thereto the
following new paragraph 5 which shall be inserted following the
conclusion of paragraph 4 of the terms and provisions applying to
lots in Section 2 of Oceana:
5. . As to each lot in Section 2 of Oceana, the maximum
allowable built -upon area (or "Footprint") shad be 2,767
square feet of impervious Materials includiig right-of-way,
structures, pavement, walkways, and patios of brick, stone, or
2

B004854 PACE 747
slate, but not including wood decking. This covenant shall be
binding upon all parties owning any right, title or interest
in any of said real property or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner of any portion of said property and also to the State cf
North Carolina. This covenant may be enforced by the State of
North Carolina and cannot be amended, modified, deleted, or
terminated without the written consent of the State of North
Carolina.
Except as hereinabove specifically amended, the Supplemental
Declaration of Covenants, Conditions and Restrictions for Section
2, Oceana, as recorded on September 29; 1994, in Book 1815, Page
946, in the New Hanover County Registry, shall remain in full force
and effect.
IN WITNESS WHEREOF, Oceana Limited Partnership, the Declarant,
has caused this instrument to be executed by J. B. Gerald, its
General Partner, who executes this instrument by and through his
attorney -in -fact, Linda A. Payette, who has hereunto set her hand
and seal the day and year first above written.
OCEANA LIMITED PARTNERSHIP
By: J. Gerald - G. eral Partner
By Seal
L a A. Payett Attorney -in -Fact
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary Public, do hereby
certify that Linda A. Payet , Attorney -In -Fact for J.B. Gerald,
General Partner of Oceana Limited Partnership, personally appeared
before me this day, and being by me first duly sworn, says that she
executed the,.. foregoing and annexed instrument for and in behalf of
J.B. Gerald as General Partner of Oceana Limited Partnership, and
that her authority to execute and acknowledge said instrument is
3

iood854 PAvE 748
contained in an instrument duly executed, acknowledged, and
recorded in the Office of the Register of Deeds of New Hanover
County, on the 5th day of December, 1991, in Book 1578, Page 492,
and that this instrument was executed under and by virtue of the
authority given by said instrument granting her power of attorney;
that the said Linda A. Payette, acknowledged the due execution of
the foregoing and annexed instrument for the purposes therein
expressed for and in behalf of the said J.B. Gerald as General
Partner of Oceana Limited Partnership.
WITNESS my hand and official seal, this the V1 day of
February, 1995.
STATE OF NORTH CAROLINA
New Hanover County
The Foregoing/ Annexed Certificate(s) of
RACKLEY
Notary (Notaries) Public is/.are certified
to be correct.
This the -1 - day of FEBRUARY 1995
ary Sue oots , R 'star of eds
by
putt'/
4