HomeMy WebLinkAboutSW8131212_Current Permit_20140123ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
January 23, 2014
Mr. R. Harold Chappell, Manager
Carter/Chappell, LLC
1119A Military Cutoff Road
Wilmington, NC 28405
Subject: Stormwater Permit No. SW8131212
The Cottages at Mariner's Pointe
Low Density Subdivision
Brunswick County
Dear Mr. Chappell
Effective August 1, 2013 the State Stormwater program has been transferred from the Division
of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All
previous references to DWQ will remain in older stormwater permits issued prior to August 1,
2013 until they are modified. Please note that this permit references DEMLR as the Division
responsible for issuance of the permit
The Wilmington Regional Office received a complete Stormwater Management Permit .
Application for The Cottages at Mariner's Pointe on December 19, 2013. Staff review of the
plans and speciiicaiions has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 131212 dated January 23, 2014, for the construction and maintenance of the built -upon
areas and stormwater management systems associated with the subject project.
This new permit is being issued to address the following issues found in the original permit
(SW8 021215) that covered these lots. Changes covered by this permit include:
This new permit covers the 46 lots in The Cottages at Mariners Pointe. Originally, Bill Clark
Homes of Wilmington, LLC purchased some of the permitted lots in The Village at Mariner's
Pointe (formerly Sweet Bay Village) from Fred Hathaway and desired to connect the
subdivision with the adjacent Mariners Pointe subdivision by relocating a portion of Cherry
Laurel Drive and eliminating a net of 2 lots. To accomplish this, the permit which covered all
of the lots in The Village at Mariners Pointe was modified and transferred to Bill Clark
Homes of Wilmington, LLC. It was later discovered that Fred Hathaway still retained
ownership of 45 of the lots and had transferred the declarant rights and those 45 lots to
Carter -Chappell, LLC in 2008, for the development of The Cottages at Mariners Pointe.
Carter -Chappell then replatted this portion of the subdivision, changed the road layout
(minor) and added another lot. This meant that Carter -Chappell now owned undeveloped
lots in the subdivision and needed a permit in order to develop the lots. Therefore the overall
permitted lot BUA originally allowed under the April 13, 2006 permit modification issued
under SW8 021215 will now be split between this new permit (SW8131212) issued to
Carter/Chappell, LLC and the modified SW8 021215 permit retained by Bill Clark Homes of
Wilmington, LLC. The maximum lot BUA approved for The Cottages at Mariner's Pointe is
based on dividing up the 2,645 sf BUA allocation for the original 45 permitted lots (119,025
so between 46 lots, resulting in a new, permitted maximum BUA of 2,587 sf per lot.
2. Lots 33-75 and Lots 135-137 as shown on the approved plan are subject to this permit.
3. The approved plan set is comprised of the plat recorded on December 3, 2008, in Map
Cabinet 56 at Page 33 depicting lot numbers and layout; and those previously approved
plans for SW8 021215, stamped April 13, 2006, for reference only to the approved grading,
and to the road and swale details.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004
State Stormwater Management Systems
Permit No.SW8 131212
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supersede any other agency
permit that may be required. Please pay special attention to the conditions listed in this permit
regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions,
certification of the project, procedures for changing ownership, and transferring the permit.
Failure to establish an adequate system for operation and maintenance of the stormwater
management system, to record deed restrictions, to certify the project or to transfer the permit in
a timely manner, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North
Carolina General Statutes. Per NCGS 143-215(e) the petition must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OAH with all questions
regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714
Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact
Linda Lewis at (910) 796-7215.
Sinc ely,
Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/arl: G:1WQ1SharedlStormwateAPermits & Projects120131131212 LD12014 01 permit 131212
cc: Edward H. Clark, Bill Clark Homes of Wilmington, LLC
Brunswick County Building Inspections
NCDOT Division Engineer
Wilmington Regional Office
Page 2 of 6
State Stormwater Management Systems
Permit No.SW8 131212
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Carter -Chappell, LLC
The Cottages at Mariner's Pointe
Oakcrest Drive at Sea Pines Drive off NC 133, Southport, Brunswick County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
DEMLR and considered a part of t. is permit for The Cottages at Mariner's Pointe.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 46 lots is limited to a maximum of 2,587 square feet of built -upon
area, as indicated in the approved plans. CAMA regulations may reduce the
allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentagge for the project must be maintained
at 30%, per the requirements of Section .1005 of the stormwater rules. The size
of the overall tract is 36.33 acres which encompasses The Village at Mariner's
Pointe and the Cottages at Mariner's Pointe.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface.
Page 3 of 6
State Stormwater Management Systems
Permit No.SW8 131212
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
4. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 131212, as issued by
the Division Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division.
f. The maximum built -upon area per lot is 2,587 square feet. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and
the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but
does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons.
5. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
Page 4 of 6
State Stormwater Management Systems
Permit No.SW8 131212
9. The permittee shall review all proposed lot plans, and subsequent additions and
modifications thereto, for compliance with the terms and condition of this permit,
and the recorded declaration of restrictive covenants. The plans reviewed must
include all proposed built -upon area (BUA), existing and proposed conveyances,
and grading. No approvals shall be granted to any lot if such construction shall
cause a noncompliance with the terms and conditions of this permit.
10. The permittee is responsible for the routine monitoring of the project to verify that
the built -upon area does not exceed the maximum allowed built -upon area under
this permit. The permittee shall notify any lot owners that are found to be in
noncompliance with the terms and conditions of this permit and/or with the
recorded declaration of covenants and restrictions in writing. The permittee shall
require remediation from the lot owner within a reasonable time frame, and shall
follow-up with the lot owner to assure that the noncompliance has been properly
abated.
11. The lot owner is responsible for maintaining compliance with the maximum BUA
limit as indicated in this permit and as recorded in the declaration of covenants
and restrictions for the subdivision.
12. The maximum allowed built -upon area for any lot may not be increased,
decreased or reassigned to another lot unless and until a permit modification has
been approved by the Division.
13. Within 30 days of constructing the project's infrastructure, roads and swales, the
permittee shall provide written certification for the project, that the project's
stormwater management system and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.
14, The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, grading,
details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
c. Further subdivision, acquisition, or selling of the project area.
d. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
16. The Director may determine that other revisions to the project should require a
modification to the permit.
17. All stormwater conveyances must be located in a public right-of-way, dedicated
common area, or a drainage easement. The final plats for the project must be
recorded showing all such rights -of -way, common areas and easements in
accordance with the approved plans.
Page 5 of 6
State Stormwater Management Systems
Permit No.SW8 131212
111. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the terms and
conditions of a stormwater management permit or the stormwater rules is subject
to enforcement procedures in accordance with North Carolina General Statute
143 Article 21.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
5. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation
as listed on the form, to the Division of Energy, Mineral and Land Resources at
least 60 days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made
subject to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
c. Bankruptcy;
d. Foreclosure;
e. Dissolution of the partnership or corporate entity;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all permit conditions until such
time as the Director approves a request to transfer the permit.
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal) which have jurisdiction.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and its components.
Permit modified and reissued this the 23rd day of January 2014.
NO H CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
tTracy E. avis, P.E., Director
vision of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 131212
Page 6 of 6
_ DEMLR USE ONLY
Date Received Fee Paid -
Applicable Rules: 0 Coastal SW - f"995 ❑ Coastal SW - 2008 0 Ph 11- Post Construction
(select all that apply) ❑ Non -Coastal SW- I-IQW/ORW Waters ❑ Universal Stormtwater Management flan
0 Other WO Memt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources E(; E IV F
STGRMWATER MANAGEMENT PERMIT APPLICATID
io'RK9 a��3
This fCwn racy 1v photocopied jitr ttse as an original
1. GENFRAL INFORMATION BY:
L 1'roje4:t Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
4�l'CltlE'ati4111ti, .lE'ttE'rti, operation and maintenance agreements, etc.):
The Cottages at Mariners Point
2. Location of Project (street address):
Adjacent to Sea :ines Subdivision - Oakerest Drive off 133 near Southport
city:sniititvillg _ _ County:Brunswick _ Yip 284C,1
3. 1)irc-ctions to project (from nearest major intersection):
From the intersection of NC 1-Irvy 211 and NC I Iw , 133 (Long Beach Road) travel south on 133 for
approximately 3/4 miles to Sea Pines Drive. 'Turn right an Sea Pines Left on 4tt, Street and ffc,Ilow 4u4 Street to
the end.
4. Latitude:0,1,1° 56' 00" N Longitude:780QT 000" W of the main entrance to the project.
II. PERMIT INFORMATION:
I.a. Specify ►r wther project is (check one): ®New [Modification ❑ Renewal w/ Modification,
tReneraals crith tttodifccations idsd n-quires tit V-11-102 •- Retiezeat Applif•rttion I'tnnr
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numbrrSVlt8 021215 , its issue date (if known)A ril 13 2006 , and the status of
construction: []Not Started ❑Partially Completed* ® Completed* *1wevide a designer's c ertilt`eation
2. Specify the type of project (check one):
01-o ° 13ensi y ❑I iigh l ensit_v ❑Drains to an O site Stormwater System [JOther
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMIX requesting a state stormwater management permit application, list the stormwater project number,
if assigned, n/a and the previous natne of the project, if different than currently
proposed,-
4. a. Additional Project RexluiremenIs (check applicable blanks; information on required state permits can be
obtained 1w contacting the Customer Service Center at I-877/-Q3-6748):
[]LAMA Major ❑Sedimentation/Erosion Control: - ac of Disturbed Area
i—hlhi ' : :::IA rlal ter- . ar t 4141, t e .Il t
�. �)..-. I 1 t ti E I ti':1 E. 3'�tl. � �� l'c.rtriSt. � rl)pU;+rtl.liul�alC:�.. t_
b.If any of these permit`: have already been acquired please* provide they Project Name, Project/Pon-nit Nut ix-r,
issue. date and the type of each permit:SWS 021215
5. is the proie4::t located within , miles of a public airport? [:]No ®Yes
If yes, see S.L. 2012-1-00, Part Vl: http:Hl2ortal.ncdonr.orgi%%!E a,llr!r es- t t � rr?;;1110riejns
Fonn SW i-101 Version Oct. 31, 2013 Page I of 6
Ill. CONTACT INFORMATION
1. a.Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the lroject):
Applicant/Organization:Carter/Chappell. LLC
Signing Official & Title:l larold Chappell, member/ mans er _
b.C'ontact information for person listed in item 1a above:
Street Address:1119 A Military Cut Off Road v
Citv:Wilmineton State:NC Zip:284- 05
Mailing Address ff applicnhle):same
City-- _ State: Zip:
Phone: (910-512-1948 ) lax: 910-344-0195 -�-�-
Email:haroldcfilrwcfnc.com
c•. Please check the appropriate box. The applicant listed above is:
Z The property owner (Skip to Contact Information, item 3a)
❑ l,esses.!n (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:Carter/Chapel) LLC
Signing 01*11cial & "t ilea'. I_larold Chappell, member mana E, �r
b.Contact information for person listed in item 2a above:
Street Address:1119A Military Cut Off Road
City:Wilmins toll Statv:NC Zip:28405
Mailing Address (if applicable):same
City:-- _ — State: Zip:
Phone: ( Fax: ( )
Cmail:haroldc@rwcfnc.com
3. a. (Optional) Print they name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organiza
Signing Official & Title:,
b.C:ont•act information for person listed in item 3a above:
Mailing
DEC 19 2013
Citv: States: 7..ipn-
Phone: ) Fax:
Email:
4. Locat jurisdiction for building permits: Brunswick County
Point of Contact: Phone #:
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarise how the storm water runoff will he treated.
stormwater collects and routes through vegetated roadside swales, providing
sediment and pollutant removal
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW .- 1995 ❑ Ph II - Post Construction
3. Stormwater runoff from this project drains to the Cape fear River basin.
A. Total Property Area: 10.23 acres 5. Total Coastal Wetlands Area: 0 _acres
6. Total Surface Water Area::0_ acres
7. 'Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area': 16.23 acres
Total project area shall be calculated to exclude the following: the normal 7001 of impounded structures, the area
between lhe' Hanks of streams and rivers, the area heloza the kornial High kater (Nl-. VV) line or Mean High Water
(tv[PI I) line, and coastal zoetlands landward front the NHW (or MH4�9 line. The resultant project area rs used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward cf the NNW (orMHW) line may
lie included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24 _
9. 1-low many drainage areas does the project have?7 (For high deusih/, rount ].for each proposed engineered
slornrcoater 13M1'. Fcir Icnu de�tzsity and Duffer projects, use 7 feir tl,e zolic property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Drainage Area _
Drainage :Area _
Drainage Area
Drainage Area
Receiving Stream Name
_
Calf Gulley
Creek
Stream Class *
SC, SW HQW
Stream Index Number"
18-88-9-3-3-1
Total Drainage Area (so
445,619
On -site Drainage Area (st)
445,619
Off -site Urainage Area (sf)
0
Proposed Impervious Area"* s
—"-,-4rft4
i
o Impervious Area** total
35,1
~�
Impervious" Surface Area
Drainage Area
Drainage Area
Drainaire Area
Drainage Area
On -site Buildings/Lots (So 46 a 2587
sf 119, 0
tht-site tit-ects (sf)
37,462
-�
On -site Parking (sf)
0
On -sits: Sidewalks (sl)
0
Other on -site (sf)
0
Future (sl)
0
Ir
Oft -site (SO _
o
lixisting GUA*** (sf)
0
BY:
Toted (st):
156,
;;trcrurt ('fuss rutil Index Nuttrber ran He deter►rrined at: h�•l r rrl.tt'r. en r4/rc r}hfrc?,1 'w/r:1rj, I, ;(lrr a b i.
t hn�� mtons urea is deflized its the litrilt upon area inrliirting, but not limited to, buildings, roads, parking areas,
4lrteroulk , gravel iveits, etc.
1"C'nix SWU-101 Version Oct. 31, 2013 Pate 3 of 6
°''y' Deport only that nmomit t?f existing BUA that will remain after development. Do not report nail existing BUA that
is to Ik! removed and which will Ire replaced by nc-to BLIA.
11. 1 low was the off -site impervious area listed alcove determined? Provide documentation. N/A
��_
Proieets in Union Countv: Contact DEAMR Central 0111ce steif to chef:* if the project is located ivithin a Hireatent'd &
E►rdetngered Species ►vctter:shed that nut►> he subject to nrore stringent stornt►vater requircrttents as per 11o1 NCAC 0 B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement anti operation and maintenance (O&M) forms
must lit submitted for each BMP specified for this project. The latest versions of the forms can lxz downloaded
from lntt : ,orta.l.ncdenr.oi•g web/wq/nws/su/brnp-mtanual.
Vl. SUBMiTTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
htti:,/Ipoi-i-aI.ncdenr.or,,Y/wel?�tw&l/ws/su/st,it(-sw/forms doc, . The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the:
interactive online map at littaILL,-,loi-tal.ncdenr.ors!/,,veb/wLi/ws/sutimins.)
Please indicate that the following required information have been provided by initialise in tine space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from litt : . ortnl.ncdenr.or r Vic�1�L►a �G�v/sttf (akc�!:4vj.f �'1t1i<.�tlt�t_r..
Initials
1. Original and one coley of the Stormwater Management Permit Application Form. _
2. Original and otter copy of the signed and notarized Deed -R strictions & Protective Covenants
Dorm. ({f required as per fart V11 Imlotn) �
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(-,) for each BMP.
•1. Permit application processing tee of $505 pavable to NCI)FNR. (Fur an Express review, refer to
httk;/f www.en.y1ielP.or /no ens/onestonexpress.html for information on the J...xpress program
anti the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.) e' J
5. A detailed narrative (one to two pages) describing the stY,)rmwater treatment/management for
the project. ']'his is rLxluired in addition to the brief summary provided in the Project
Information, item 'L
o. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within !,i mile of the site boundary, include the'rz
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans forced to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f, Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NI 1W line of tidal
winters, and any coastal wetlands landward of the MI1W or NEIIV lines. �'� F I V E
Delineate the vegetated buffer landward from they normal pout elevation of i s n bTtilt c
structures, the hanks of streams or rivers, and the• M11W (ter NNW) t►f tidal ''ter 'DEC
19
2013
i. Dimensioned property/project boundary with livorin,gs & distances.
j. Site Layout withal[ BUA identified and dimensioned.
k. Existing; contours, proposed contours, spot elevations, finished floor elevations. lly.
1. [)etails of roads, drainage features, collection systems, and stormwater control measures.
in. Wetlands delineated, or it note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications anti identify the person who
made the determination on the plans.
I•onn S WU-101 Version Oct. 31. 2013 Page 4 of 6
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHW'I' elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and Loring logs. Include an 8.5"xl I" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMI's, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate:.
(Infiltration Devices submitted to WiRO: Schedule a site visitfir DEMUR to v erilhj the S1114,"I' prior
to submittal, (910) 796-7378.)
10. A copy of the most current property deed. Deed book: Page No:
11. hor corporations and limited liability corporations (LLC): Provide documentation from the NC
Secrertary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 21-1.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
` vcwtary of State, otherwise the application will be returned.
htt.,//ww w.sec retary.state.nc.us/Corporations/ CSea rch.asi2x
ViI. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants tire required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
13LIA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from htt : Portal.nccien,___ r ory wel-ilI
forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed resirictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
Vlll. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete: this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting EngineerYbillip G. 'Tripp, PE _
Consulting Firm: Tripp Engineering
Mailing Address:419 Chestnut Street
t'ity.wiloun -on
Phone: 91( 0 ) 763-5100
Email: CCjof
State:NC Zip:28401
Fax: ( 1
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been felled cart, complete this
section)
I, (print or type ncnne of person listed in Contact Information, item 2a) _ ^_ certify that 1'
own the property identified in this permit application, and thus give* permission to (}print or hijpe comic of person
listed in Contort Information, item la) with (print or tylre name of organization listed in
Contact hrlin-mation, item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indik'ate% the
party reNponsible for the operation and maintenance of the stormwater system.
DEC 192013
form SWU-101 Version Oct. 31, 2013 Page. 5 of 6 aft
BY.
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sate, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify D)MLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
Without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signatu
Da
- -_. a Notary Public for the State of - . - , County of
do hereby certify that personally appeared
before me this _ day of -�_--- ....__ ... _ ._._, and acknowledge the duce execution of the application for
it stormwater permit. Witness my hand and official seal,
SEAL.
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type rra► to of person listen in Contact lrrfontiation, iterrr 1a) R. Harold Chappell
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plaits, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater r es under 15A N ' C 21-1.1000 and any other applicable state stormwater requirvnients.
Signature: dC Date:
I, �S+► e-�r! c1��e-.., a N tart' Public. far the State of _ I�lor-h,..LC1Jri3(ira, County of
if
uu
cin hereby certify that ' 1`G lci 1..Qy�t t_ personally appeared
before tnc this tq day ofrt'Yt_, and acknowledges the due execution of the application for
a stormwater permit. Witness my hand and official seal,
Christie Ethridge
Notary Public
Brunswick County
North Carolina
M Commission Ex 'res 11 2015
Form S U-101 Version Oct. 31, 2013
SEAL
My commission expires `
57C.E IVE
DEC 19 2013 5
it
BY:
Page 6 of 6
Pen -nit No._
to
bc, provided by DIVA)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stonnwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can
be found in 15A NCAC2H .1005 through .1007.
I. PROJECT INFORMATION (please complete the following information):
Project Name:
Contact Person: Phillip G. Tripp. P.E. _ - Phone Number: 9( l 0 763-5100 ----
Number of Lots: 46Allowable Built Upon Area Per Lot*:_^2,587
* If lot sires are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area f r each lot. The attachment must include the project name, phase, page numbers and provide area.
subtotals and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
RA Road Area _. the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lets -- the total number of lots in the subdivision.
® BUAiLot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front line and the edge of pavement.
DEC 19 2013
romi SWU-104 Rev 3.99 Page 1 of.' -
Calculation:
(SA x DF)- RA- OA BUA
No. Lots Lot
0 0.23 ac x 0.351) - 0.86 ac = 2.587 sf/lot
46
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent in the Ston°nwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
-- a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive:
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of'
platting and prior to sale of any lots.
AL- c. Built upon area calculations arc provided for the overall project and all lots.
-� d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
` CT=1V1E
� r DSG 19 2013
BY.
Form SWU-1 U4 Rev 3.99 Page 2 of'_'
�Od
II11lIIIlIIII{IIII1111111111111111111 835�� P881s'�-4Q 2z1�z
Brunswick County, NC Register of Deeds' a emmons PROP
P9e t of 4
Pres�"T�—Cash$—
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Refund: Cash a Finance
❑ Pomona ofdocumentare 8legibia dw to OmWrdon
oforlpinal.
❑ Doounant contdno seals veMad by orloal
Instrument that cannot be reproduced or copied,
SUPPLEMENTAL RESTRICTIVE COVE�OANTS FOR
nn o
THE COTTAGEtgqTFOiNTE SUBDIVISION
STATE OF NORTH CARD INA
COUNTY OF BRUNSWICK
Brief description for index: Map Cabinet 62, Page 79
Qt
cccc nnnn���d °0 ° �
THESE SUPPLEMTW Igi� 4,41V COVENANTS FOR THE COTTAGES
AT MARINER'S POINTE a e made this the = ay ofA2014 by CARTER
CHAPPELL, LLC ("Declarant"), WILLIAM B. JONES CO RUCTION, INC. ("William
B. Jones"), and SOUTHERN HOMEBUILDERS, INC. ("Southern") and shall become
binding upon any person, firm, corporation, company, or otherwise that shall acquire
any interest in the herein described property hereinafter made subject to these
Restrictive Covenants for The Cottages at Mariner's Pointe,§ubdivision.
oo ffl°
°V�
WHEREAS, The OrGiir Declarant caused to be filed in the Brunswick County
Registry a certain document entitled, "DECLARATION OF RESTRICTIVE
COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION"
("Covenants") in Deed Book 2863, Page 768 of said Registry; and
WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in
Map Cabinet 62, Page 79 in the Brunswick County Regiiy'Zreference to said plat is
hereby made for a more particular des�iuf} ° u����
Tod
WHEREAS, the Declarant, William B. Jones and Southern are the fee simple
owner of all of those lots that appear on a plat recorded in Map Cabinet 62, Page 79 of
Toda
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12:44:22.00Z
O� ° e ounty, NC Register of Deeds page 2 of 4 PROP
the Brunswick County Registry, reference to said plat being made for a more particular
description, except Lot 43; and
WHEREAS, pursuant to the provisions of Article IX, of the Covenants, the
Declarant may amend said Covenants from time to time with the approval of at least
sixty-seven percent (67%) of the lot owners;
WHEREAS, the pantie i�re e up more than sixty-seven percent
(67%) of the necessary voig=lae any changes to the Covenants as required; and
WHEREAS, the parties hereto now join in to this Supplemental Restrictive
Covenants hereby consenting to the following amendment to the Covenants and further
shall be binding on their successors in interest.
NOW THEREFORE, in accordance with the recitals hich by this reference are
made a substantive part hereof, the Declarant,1es and Southern make the
following amendment to the Con�1,]f
°
Section 3(e) shall bbooamended to state, "Neither the Declarant, nor any non -
owner occupied lot owned by any licensed builder with the intent to construct a single
family residence upon said lot, shall be responsible to pay any dues or assessments
with regards to the Subdivision so long as the Developer or builder own said lot."
This amendment is made subject to the DECLARAT ON OF RESTRICTIVE
COVENANTS OF THE COTTAGES AT MARIN IDS SUBDIVISION recorded
in Book 2863, Page 768 of the EWu`�istry, together with any
J � `i�'e
amendments thereto, and �a easements, restrictions, covenants and
conditions that shall burden and be appurtenant to and run with said land and further
shall be binding on all parties now or hereafter owning said real property and their
respective heirs, successors, and assigns, having any right, title or interest in the
properties described herein and shall inure to the benefit of each owner thereof and
their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the Carter Ch ll,outhem Homebuilders,
Inc., and William B. Jones Cons{uc(v>iMused this Supplemental Restrictive
Covenants to be duly exeQ (t i respective members who have set their hand
and seal, the day and year first above written.
CARTER C P LV",PPtv
By(SEAL)
T ( ° �7z
- mber/Manager
SOUTHERN HOMEBUILDERS, INC.
TQod
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°1DTU*§@@o S�1Ql�
T�Od
III I III III ON 3540 �1928 0a-ss-YO;,z:44.22.002
renda . Clemmons PROP
later of Deeds paps 3 of 4
�Op O O
,�p1%nu u011"'
By IS L ES l"
o
-President �� }�
O �0ca0`F14 ryrya 0:
O674�.p
RLC�ION, INC.
By:
r
STATE OF
COUNTY OAF
I5�()aC5 OF R , NORTH
CAROLINA, CERTIFY THAT Wit-iMM.0 MEMBER/MANAGER OF CARTED
CHAPPELL, LLC PERSONALLY APPEARED BEFORE ME THIS DAY AND
i uurrr,
`�\\``pa EAGLES
ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTfZl�I19NT IN
THE CAPACITY INDICATED HEREIN.
SuNE 2014.
WITNESS MY HAND AND OFFICIAL SEAT
godo TunSgO°n@t
STATE OF or k_ a ra [1 n a
Tod
°aTangg@0ngt
lip,
� 183540 R0%29 m 4s
TO°o 22.PROP
0@2
unly, C Regle4er of Decds page 4 of 4
COUNTY OF _t4gw H anaver
I, S. Ca`1iierin2 Parnell , A NOTARY PUBLIC OF -Nevi Nan r C%mtU, NORTH
CAROLINA, CERTIFY THAT_J?- P Hi I+on , PRESIDENT OF SOUTHER
HOMEBUILDERS, INC. PERSONALLY APPEARED BEFORE ME THIS DAY AND
ACKNOWLEDGED THE DUE EXECUTION OF THE FOING INSTRUMENT IN
THE CAPACITY INDICATED HERI,�I�an(jg °
pwl" ITNESS MW BAND OFFICIAL SEAL, THIS G� DAY OFJi
20 ;�,ERIune
NEA,
6
a NOTARY
PUBLIC L QQA.V-kX ",nn rx a
NOTARY PUBLIC
MY J N EXPIRES: Qo C)
STATE OF 0 0 0
COUNTY OF
1, A NOTARY PUBLIC OF ��Nyl IL�U•N� `7 NORTH
CAROLINA, CERTIFY THAT WwAm 8.7MZ* PRESIDNET OF WILLIAM B. JONES,
INC., PERSONALLY APPEARED BEFORE ME THIS %ND ACKNOWLEDGED
THE DUE EXECUTION OF THE F R� NT IN THE CAPACITY
INDICATED HEREIN. ��� o,0
jLw E
WITNESS MY HAND AND OFFICIAL SEAL, THIS 2AAY OF -MAN, �1�J
2014. � I..
MY COMMISSION EXPI
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! COUNTY PLANNING BOARD
I Chef � q� I I
104
- / LOT 103 -
VICINITY MAP NOT TO SCALE
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=0i 102
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LOT 101
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LOT ISO
VETLANI6 UTAE
TABLE
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LOT 99
4 S EO'2z7Y V
83.04'
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51-5W
9_ N 72-4738• V
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WETLANDS LINE T
LOT 9B
LOT 97
LOT 96
91 1 LOT 95 '
--T---T---_
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1 LOT z LOT 3
IT 14AR iR'S POIIIIIE -PHASE I
C 35 P� 31JH
SEA PINES SUBDIVISION
MB. 15, PG. 51. BCR
4TH STREET SE
STATE OF NORTH CAR0UNA
BRUNSIWa COUNTY
I. ROBERT B. MMENRY, JR CERRFY
THAT THIS MAP WAS DRAW UNDER MY
SVPERMERIN FROM AN ACTUAL FIELD
SURVEY MADE UNDER MY SUPERMSIIX{
THAT UK RATIO D< PRECISION AS
CALCULATED BY COMPUTER 15 10.000 +I
THAT BOUNDARIES BOUNDAS NOT SURVETEII
ARE SNOWNAS BROKEN UNES PLDTIED
FROM INFORMATION FOUND IN BOOKS
FEFl7✓DJom.THAT THIS MAP WAS PRE-
PARED IN ACCORDANCE KTIH C.S. 47-30
AS AMENOEA
wTNEss MY HAND AND SEAL THIS TIRE
574 BAY" JANUARY
IN CARD
20 Q�ESSIp,-�r'L7 YE
•
SEAL
.0 r L-3521 ¢
By�sHf
MAY
LOCATION OF
AS MOWN HI
OF
DATE SURVEYED: MARCH 2O06
SURVEY BY: JA/HZ
DRAWN Or. CXENNEIIY
SCALE: 1 INCH = 100 FEET
JOB NUMBER: 051001
FIELD BOCK: FILE
LEGEND:
EIP = E)OSTING IRON PIPE FOUND
NIP = NE9 !TON PIPE SET
OR = ETOSTING IRON ROD FOUND
NIR = NEW IRON ROD SET
TOM = TEMPORARY BENCH MARK
MCHENRY SURVEYING
PROFESSFDIVAL LAND SURVEYOR
P.O. BOX 433-Wo E. Off ISLAND DR.
OAKISLIND, N.C. 2840
TEL 816278-SB7a
FAX: 9762783799
U" O � II B�YV 1 V 16� 15:89:24 000
Illf �� page 1 Brenda n. Clemons
BrunsW ty, NNNNCCCC Register of Deede s
to f 36
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Q Inslnanen! that cannot be reproduced orcovilid
This instrument drafted by: The Law Firm of Hutchens, Senter & Britton, PA
After recording, mail to: The Law Fir f Hutchens, Senter & Britton, ggg�A
M
NORTH CAROLINA � U v O UNDAMM4
BRUNSWICK COUNTY
DECLARATION OF RESTRICTIVE COVENANTS
OF
p
THE COTTAGES A SUBDIVISION
n n
THIS DECLARATION AND AGREEMENT is entered into this a day of December, 2008
between CARTER CHAPPELL, LLC a North Carolina Limited Liability Company (hereinafter
"Declarant") and all parties hereafter acquiring any of the described property.
1 WITNESSETH• ��
0
WHEREAS, Declarant is th per of all lots within a subdivision of the
�e
County of Brunswick, State of Ik �i'Cottages at Mariner's Pointe
Subdivision and being that certain Lots 34-75,dPaRarnerly known as Sweetbay Village,
Phase 2B and Lot 33, formerly known as Sweetbay Village, Phase 2A and more particularly
described by map and survey in Plat Book 66, Page 33 of the Brunswick County Registry; and
WHEREAS, it is in the b st interest of the Declarant and to the benefit, interest and
advantage of every party herei acquiring an ,scribed property that certain
covenants, conditions, easements, ass.& Me tnctions governing and regulating
the use and occupancy of the pro eh
ice¢
crap
WHEREAS, Declarant desires to prov! a preservation of the values and
amenities and the desirability and attractiveness of said property; and for the continued
maintenance and operation of any recreational and/or common area; and
IAL
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2863 P0182 75: 9,:2mm.
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U IIIII Brenda M. Mammon
r ty, eplater of Deeds page 1s of i6
ARTICLE V�
EASEMENTS
The Declarant reserves right to subject the real roperty in this subdivision to a
contract with the appropriate ene mpany for of underground electric cables
and/or installation of street iiy�hting, cn may require an initial payment
and/or continuing monthly payrn opria ompany by the owner of each
building unit. IIJJ�Q
Easements for installation and maintenance of utilities and drainage facility are reserved
along each property line of each lot in the subdivision to a width of 10 feet of each line unless
such shown easements are depicted on the recorded plat, in which case the plat shall control.
Within these easements, no at re, fence, plantin�r material shall be placed or
permitted to remain which may dam or ' t stallation and maintenance of
utilities and drainage facilities, a the direction of flow of the drainage
channels in the easements, o i m u or rrrree and the flow of water through
drainage channels in the easements. The easeme Lqf each lot and all improvements for
which a public authority or utility company is responsible.
ARTICLE VI
61,
IM I V
Impervious Materials. AnjottMhe%VW8runswick.
0pon lots shall not exceed the
percentage that is required by the Codes "Impervious material" is
defined as rooftops of homes, garages, outbuildings, and paved or concrete driveways,
walkways and patios.
ARTICLE VII
Enforcement shall be the responsibility of the homeowners of the subdivision, but the
Declarant, the Board or any lot owner shall also have the right to bring enforcement
proceedings. Enforcement shall be by proceedings at law or in equity against any person or
persons violating or attempting t violate any covenant, either to restrain violation or to recover
damages, or both. The prevailing in any 7f= roceeding shall be entitled to
recover from the adverse partyiee,'?
3ursement of attorney's fees and
court costs incurred in enforcing atte these covenants in an amount
to be determined by the court. II have the right to impose fines on
owners for violations of these Covenants. The procedure r imposing said fines shall be that
as described in the North Carolina Planned Community AC Section 47F-31-107.1 as it may be
amended from time to time.
a,
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gis sr of Deeds pays 16 of 16
ARTICLE Vill
SEVERABILITY
Invalidation of any one of thes venants or restrictions udgment or court order shall in
no way affect any other provisions shall � i ,e and effect, and the failure of
any person or persons to take a olation of any of these covenants and
restrictions shall not be construey nt rights and shall not prevent
the enforcement of such covenant or covena°n e.
ARTICLE IX
AMENDMENT
� nn
The covenants and restrictions of t eclar grAdh and bind the land, for a term
of twenty (20) years from the dat { �I� I corded, after which time they shall be
automatically extended for succ1 r tears. This Declaration may be
amended by affirmative vote of not less than sircent (67%) of the then Lot Owners
or by an instrument signed by not less than sixty-seven percent (67%) of the then Lot Owners.
Any amendment to this Declaration must be recorded in the Office of the Register of Deeds of
Brunswick County, North Carolina.
IN WITNESS WHERE a DeclaTL=h
sad this instrument to be
executed, by authority of its Membe l day of December, 2008.
U ufflors a
�Nw���,Q
CARTER CPELL,LLC
BY:✓NA-Id'�
NORTH CAROLINA
COUNTY
I, the undersigned, a Notary Public oftherr and State aforesaid, do hereby
certify that &c NA"0-10 G/t'nJOW14 personally appeared before me this date and
acknowledged that he is Member/Manger of, CARTER CHAPPELL, LLC a North Carolina
limited liability company, and by authority duly given and as an act of said entity, he
signed the foregoing instrume 941
n behalf of said entity in such capacity.
Witness my hand and ' Istamp or s�fflt['Is the 8th day of December,
4o�
NOTARY PUBLIC OFFICIAL SEAL
Notary public, North Carolina
County of Pander
My Commission Expires: Rhonda N. Ervin
a
J C1.
N�OFFI
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UNOFFI�,IAL
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SUPPLEMENTAL RESTRICTIVE COVENANTS FOR
THE COTTAGES AT MARINER'S POINTE SUBDIVISION
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Brief description for index: Map Cabinet 62, Page 79
THESE SUPPLEMENTAL RESTRICTIV�COVENANTS FOR THE COTTAGES
AT MARINER'S POINTE are made this the Q ay ofA 'E2014 by CARTER
CHAPPELL, LLC ("Declarant"), WILLIAM B. JONES CO RUCTION, INC. ("William
B. Jones"), and SOUTHERN HOMEBUILDERS, INC. ("Southern") and shall become
binding upon any person, firm, corporation, company, or otherwise that shall acquire
any interest in the herein described property hereinafter made subject to these
Restrictive Covenants for The Cottages at Mariner's Pointe Subdivision.
WITNESSETH:
WHEREAS, The Original Declarant caused to be filed in the Brunswick County
Registry a certain document entitled, "DECLARATION OF RESTRICTIVE
COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION"
("Covenants') in Deed Book 2863, Page 768 of said Registry; and
WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in
Map Cabinet 62, Page 79 in the Brunswick County Registry, reference to said plat is
hereby made for a more particular description; and
WHEREAS, the Declarant, William B. Jones and Southern are the fee simple
owner of all of those lots that appear on a plat recorded in Map Cabinet 62, Page 79 of
IIf l l lil l[i 111 111 l 11 l l 111 l 11 Jill f l 111 f��!M moos-22.0R0Brunswick County, NC Register OP
s pagClele 2 of 4
the Brunswick County Registry, reference to said plat being made for a more particular
description, except Lot 43; and
WHEREAS, pursuant to the provisions of Article IX, of the Covenants, the
Declarant may amend said Covenants from time to time with the approval of at least
sixty-seven percent (67%) of the lot owners;
WHEREAS, the parties hereto now make up more than sixty-seven percent
(67%) of the necessary votes to make any changes to the Covenants as required; and
WHEREAS, the parties hereto now join in to this Supplemental Restrictive
Covenants hereby consenting to the following amendment to the Covenants and further
shall be binding on their successors in interest.
NOW THEREFORE, in accordance with the recitals which by this reference are
made a substantive part hereof, the Declarant, William B. Jones and Southern make the
following amendment to the Covenants:
Section 3(e) shall be amended to state, "Neither the Declarant, nor any non -
owner occupied lot owned by any licensed builder with the intent to construct a single
family residence upon said lot, shall be responsible to pay any dues or assessments
with regards to the Subdivision so long as the Developer or builder own said lot."
This amendment is made subject to the DECLARATION OF RESTRICTIVE
COVENANTS OF THE COTTAGES AT MARINER'S POINTE SUBDIVISION recorded
in Book 2863, Page 768 of the Brunswick County Registry, together with any
amendments thereto, and subject to all easements, restrictions, covenants and
conditions that shall burden and be appurtenant to and run with said land and further
shall be binding on all parties now or hereafter owning said real property and their
respective heirs, successors, and assigns, having any right, title or interest in the
properties described herein and shall inure to the benefit of each owner thereof and
their respective Neils, successors and assigns.
IN WITNESS WHEREOF, the Carter Chappell, LLC, Southern Homebuilders,
Inc., and William B. Jones Construction, Inc. have caused this Supplemental Restrictive
Covenants to be duly executed by their respective members who have set their hand
and seal, the day and year first above written.
CARTER CH PPEL ,
By (SEAL)
mber/Manager
SOUTHERN HOMEBUILDERS, INC.
2
IIIII ll�IIIII1PI1ill IIIIIIIII�IIPIIII �ttR;k.l6 6 2014On4 22.002
PRBrunswick County, NC Register of s page 3 of 4
\\��Nn l i u f1 u�rrq
BY (SEES �''•,,
-President
a O�oo .s
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�¢coFo�ry Gam;
WILL J N RUC ION, INC.
By: r� (SEAL)
STATE OF N
COUNTY OF �Fa3_001-- _
I,5m)sk-A S S , A NOTARY PUBLIC OF Vm-m \ NORTH
CAROLINA, CERTIFY THAT WPLLtNmB_ m6SMEMBER/MANAGER OF CARTEIj
\,1 1 Illlf!!!r�
CHAPPELL, LLC PERSONALLY APPEARED BEFORE ME THIS DAY
ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTR�*\'15NT III°
THE CAPACITY INDICATED HEREIN. o' Q\30 KAQ\�gS�_
WITNESS MY HAND AND OFFICIAL SEAL, THIS a,AA- O
SIWG 2014.
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Brunswick County, NC Register of Deeds page 4 of 4
COUNTYOF N¢UJ H3nmuer
I, 5. Cathenne Parnell , A NOTARY PUBLIC OF . ¢ H,3riover Cpq4q, NORTH
CAROLINA, CERTIFYTHATJe-- H.I+on , PRESIDENT OF SOUTHER
HOMEBUILDERS, INC. PERSONALLY APPEARED BEFORE ME THIS DAY AND
ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN
THE CAPACITY INDICATED HEREIN.
June
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INC., PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED
THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN THE CAPACITY
INDICATED HEREIN.
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2014.
WITNESS MY HAND AN OFFICIAL SEAL, THIS AY OF MAY,
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SUPPLEMENTAL RESTRICTIVE COVENANTS FOR
THE COTTAGES AT MARINERS POINTE SUBDIVISION
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Brief description for index:
Map Cabinet 62, Page 79
THESE SUPPLEMENTAL RESTRICTIVE COVENANTS FOR THE COTTAGES
AT MARINER'S POINTE are made this the l^lay of October 2016 by WILLIAM B.
JONES CONSTRUCTION, INC. ("Declarant"), and shall become binding upon any
person, firm, corporation, company, or otherwise that shall acquire any interest in the
herein described property hereinafter made subject to these Restrictive Covenants for
The Cottages at Mariner's Pointe Subdivision.
WITNESSETH:
WHEREAS, The Original Declarant, Carter Chappell, LLC caused to be filed in
the Brunswick County Registry a certain document entitled, "DECLARATION OF .
RESTRICTIVE COVENANTS OF THE COTTAGES AT MARINER'S POINTE
SUBDIVISION- ("Covenants") -in Deed Book 2863, Page 768 of said Registry; and
WHEREAS, a plat of The Cottages at Mariner's Pointe Subdivision is recorded in
Map Cabinet 62, Page 79 in the Brunswick County Registry, reference to said plat is
hereby made for a more particular description; and
WHEREAS, Declarant is required by the Department of Environmental and
Natural Resources, Division of Energy, Mineral and Land Resources for the State of
North Carolina (hereinafter "DENR") to record these restrictions as they pertain to the
Stormwater Management Permit Number SW8 131212 (hereinafter °Stormwater
Permit") as issued by DENR under NCAC 2H.1000; and
WHEREAS, the Declarant now enters into this Supplemental Restrictive
Covenants hereby consenting to the following amendment to the Covenants and further
shall be binding on their successors in interest.
NOW THEREFORE, in accordance with the recitals which by this reference are
made a substantive part hereof, the Declarant makes the following amendment to the
Covenants as required by DENR in the aforementioned permit:
1. That the State of North Carolina is made beneficiary of these Covenants to
the extent it is necessary to maintain compliance with the aforementioned
Stormwater Permit; and
2. These Covenants shall run with the. land and be forever binding on all
persons, parties and their successors in interest claiming interest under said
Covenants.
3. Any Covenants for said lands that pertain to the stormwater for the
subdivision cannot be altered or rescinded by ant party without the express
written consent of the State of North Carolina.
4. No alternations of the drainage systems as they appear on.the approved
plans by DENR may be made without the concurrence of DENR.
5. The maximum built upon area per lot in the subdivision shall be 2,587 feet.
This allotted amount includes any built upon area constructed with the lot
property boundaries and that portion of the right-of-way between the front lot
line and the edge of the pavement. Built upon area includes, but is not limited
to structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but
does not include raised, open wood decking, or the water surface od
swimming pools.
6. The filing in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the subdivision except for average driveway crossings, is
strictly prohibited by any persons.
IN WITNESS WHEREOF, the Declarant, William B. Jones Construction, Inc.
have caused this Supplemental Restrictive Covenants to be duly executed by their
respective members who have set their hand and seal, the day and year first above
written.
STATE OF NORTH CAROLINA
COUNTY OF PENDER
I, 6003A N- Etc , A NOTARY PUBLIC OF PENDER COUNTY, NORTH
CAROLINA, CE", FY THAT WILLIAM B. JONES, PRESIDENT OF WILLIAM B.
JONES, INC., PERSONALLY APPEARED BEFORE ME THIS DAY AND
ACKNOWLEDGED THE DUE EXECUTION OF THE FOREGOING INSTRUMENT IN
THE CAPACITY INDICATED HEREIN.
WITNESS MY HAND AND OFFICIAL SEAL, THIS 26TH DAY OF
OCTOBER, 2016. ^ .--zl�-)
NOTARY -PUBLIC
MY COMMISSION EXPIRES: O?
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Notory Public
Pender County _
_MY Corn,nlssion ExPlres_
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Inshment [hat cannot be reproduced or copled.
PREPARED BY STEPHEN C. BAILEY, PO BOX 818. HAMPSTEAD, NORTH CAROLINA 28443
NORTH CAROLINA
ASSIGNMENT OF DECLARANT RIGHTS
BRUNSWICK COUNTY THE COTTAGES AT)ARINER'S POINTE
od obTanS(� o�c�
5 This ASSIGNMENT OF DECLARANT RIGHTS is made this OAay of.
4&f, 2014, by and between CARTER CHAPPELL ,LLC, a North Carolina Limited
Liability Company, 1119 A MILTARY CUTOFF ROAD, WILMINGTON NC
28405. (hereinafter "Assignor'), and WILLIAM B. JONES CONSTRUCTION, Inc.
a North Carolina corporation, 321 EAST ISLAND VIEW DRIVE, HAMPSTEAD
NC 28443,(hereinafter "Assignee"). Q';�t
��,nnrr�� �Q o�
WHEREAS, Ass to ,t%694f developer of a subdivision generally
known as The Cottag t adner's Pointe Subdivision, located in Southport,
Brunswick County, North Carolina; and
WHEREAS, Assignor owns and retains certain Declarant Rights as
defined and set out in the DECLARATION OF RESTRICTIVE COVENANTS OF
THE COTTAGES AT MARINER'S POINTE SUBDIVISION, recorded in Book
2863 at page 768, Brunswick County Regis�trY� tim4ents thereto; and,
WHEREAS, Ass��veiRds'%6transfer to Assignee all development
rights of the Declarant as set for in said RESTRICTIVE COVENANTS.
NOW, THEREFORE, for a valuable consideration, the receipt and
adequacy of which is hereby acknowledged, Assignor does hereby set over,
transfer and assign unto Assignee all of the
saidQ DeclaWt Rights.
IT IS THE INTENT OF ASSIG 1®1�YT0 �►SSI�GNEE ALL DEVELOPMENT
RIGHTS POSSESSED BIT/i�
Assignor represents and warrants to Assignee that It has not executed or
entered into any prior or other assignment, pledge, relinquishment or termination
Todoa�a�gd°o�Q�
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—County, NC egistqr of Deeds page 2 of 3
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of the Declarant Rights herein assigned, and that the Declarant Rights are in full
force and effect and have not been amended or modified.
At Assignee's request, Assignor will execute and deliver to Assignee any
documents or other written material, and Assignor will toe such other and further
actions as Assignee may reasonably retigso Mve full effect to this
Assignment. h�od Qwaag
Assignor will incf'emnify and hold Assignee harmless from all liability,
obligation, loss, damage or expense [including court costs and attorney fees]
arising out of any claim or litigation relating to Assignor's activities as Declarant
or Developer at THE COTTAGES AT MARINER'S POINTE prior to the date of
execution of this Assignment.
Assignee will indemnify and hold . r 1 "less from all liability,
obligation, loss, damage or x g court costs and attorney fees]
arising out of any claim' ion relating to Assignee's activities as successor
in interest to Assignor as Declarant or Developer at THE COTTAGES AT
MARINER'S POINTE after the date of execution of this Assignment.
By its execution of this Assignment, Assignee acknowledges its
acceptance of this Assignment as required by NCGS §2247F-3-104.
IN WITNESS WHEREOF, ATignee have caused this
instrument to be executed�i0g4W s y their authorized officials as of the
date first written above. lUf ��
CARTER CH PELL, LLC
By�
Manager oa�a���O o�Qt
WILL4�°►M l�. J�4I @ UCTION, INC.
Z r4i VIEW'Ml�-y'n
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a
Brunswick County, NC egislor of Deeds ag& 3ns of 3 PROP
NORTH CAROLINA
BRUNSWICK COUNTY /� (� �,,�
I, the undersigned Notary Public, do hereby certify that • HUU oIc 1(,�j� f
appeared before me this day and acknowledged that he is Manag r of Carter Chappell, LLC, a t
North Carolina Limited Liability Company and that he, as Mbeing authorized to do so,
executed the foregoing Assignment of oclla�r�n && o the company.
WITNESS m handi�b Pa seal this :�c= day of May, 2014.
My Commission expires: 01A A 4 Q �r 0
Notary Public
PbIdIC�
,�rri� prayIM:@00mmiluion x 0 OM ty1 2015
NORTH CAROLINA rQo l�.l o
BRUNSWICK COUNTY
1, the undersigned Notary Public, do hereby certify that
appeared before me this day and acknowledged that he is President of William B. Jones
Construction, Inc., a North Carolina Corporation, and that he, as (vice) President, being
authorized to do so, executed the foregoing Assignment of Declarant Rights on behalf of the
corporation.
WITNESS my hand and notaria JO)l I o` 201 .
r@d ° o lSS �� �_ t .1%
My Commission expires:
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�A E IV
DEC 19 2013
[3Y;_
FIRST AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS OF
THE COTTAGES AT MARINER'S POINTE SUBDIVISION
THIS FIRST AMENDMENT TO DECLARATION, is made this 11th day of December 2013, by Carter Chappell,
LLC, a North Carolina Limited Liability Company (hereinafter called "Declarant") for the purposes
hereinafter stated;
WITNESSETH:
WHEREAS, the Declarant heretofore executed a certain Declaration of Restrictive Covenants of The
Cottages at Mariner's Pointe Subdivision, and caused the same to be recorded in Book 2863, Page 768 of
the Brunswick County Registry (hereinafter the "Declaration");
WHEREAS, the Declarant desires to revise the Declaration by adding and amending ARTICLE IV to include
the following:
Section 30. Low Density Residential Subdivision The following covenants are intended to ensure
ongoing compliance with State Stormwater Management Permit NumberSGud/3i2i2. , as issued by
the Division of Energy, Mineral and Land Resources (DEMLR) under the Stormwater Management
Regulations. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit. These covenants are to
run with the land and be binding on all persons and parties claiming under them. The covenants
pertaining to stormwater may not be altered or rescinded without the express written consent of the
State of North Carolina, DEMLR. All Lot owners shall abide by the following:
- Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the DEMLR.
- The maximum allowable built upon area per lot is Z5"31 square feet. This allotted
amount includes any built -upon area constructed within the lot property boundaries, and that
portion of the right of way between the front lot line and the edge of the pavement. Built upon
area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the water surface of swimming
pools.
- In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the more restrictive of the two.
- Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings is strictly prohibited by any persons.
- Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and
surface waters.
-All roof drains shall terminate at least 30* foot from the mean high water mark of surface
waters.
WHEREAS, Declarant, maintaining control of the association through the continued ownership of more
than 67% of the lots in the development, has the authority to amend the Declaration.
NOW, THEREFORE, the Declarant amends the Declaration to add the language described above.
INWITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written.
Carter Chappell, LLLLCC
By:
R. Harold Ch ppell — Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Robert G Collins, Notary Public of the County and State aforesaid, certify that R. Harold Chappell,
personally came before me this day and acknowledged that he is a Member/Manager of Carter
Chappell, LLC, a North Carolina limited liability company, and that being authorized to do so, he
executed the foregoing on behalf of the company.
Witness my hand and official seal, this the 111h day of December 2013.
"No ary Public
Commission expires: 9-19-15
G COZ44i y,
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