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HomeMy WebLinkAboutSW8131212_Historical File_20190320t Lewis,Linda From: William Jones <williambjones@bellsouth.net> Sent: Wednesday, March 20, 2019 9:20 AM To: Lewis,Linda Subject: [External] Re: The Cottages at Mariners Pointe SW8 131212 Extc� al-ema , Do rnnt c1`Ick links car - aitarF�rrat�n uratess you � rify. e; d all suspicious email as an attachment to Linda I never heard back from Phil Tripp. Or Harold Chappell. I'll touch base again. Bill Jones Sent from my iPhone On Mar 18, 2019, at 10:35 AM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Messrs. Chappell and Jones: We've tried unsuccessfully since August 23, 2016, to get you to submit a permit transfer application for the subject project. The last inspection report and cover letter are attached. We met on September 27, 2016 to discuss what needs to be done to transfer the permit. My notes indicate that we discussed the lack of approvals for permeable pavement that had been installed on some of the lots to stay below the maximum BUA limit-, and we discussed the lack of recorded deed restrictions. I provided a follow-up email on September 27, 2016 indicating the following: 1. "After -the -fact" approvals for the permeable pavement need to be obtained in order to claim that BUA credit; 2. The draft deed restriction statement signed by Mr. Chappell on December 11, 2013, needs to be recorded and a copy submitted to the Division; 3. That once these compliance issues are resolved, all the document requirements for transferring the permit to the HOA need to be submitted to the Division. Mr. Jones provided an emailed response on October 27, 2016 with an attached "certification" that deed restrictions had been recorded, that the swales are in compliance, that the number of lots is as permitted, that all swales are located in the right-of-way, a drainage easement or common area. DEMLR responded on October 27, 2016, via reply email, that a copy of the recorded deed restrictions needs to be submitted to DEMLR and that applications for the permeable pavement have not yet been received. The main compliance issues that are yet to be resolved appear to be the lack of certification for the project, the missing deed restriction statements and the lack of approvals for the permeable pavement. Please address these compliance issues so that we can accept a request to transfer the permit to the HOA. I attach a copy of our current consultant and permittee low density certification documents. Please use these as a guide for certifying this project after the other compliance issues have been addressed. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office lind:.lf:wisrisncdenUoy Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 <image001.png> <2016 08 CEI_BIMS 131212.pdf> <2016 08 CEI_deficient 131212.pdf> <Low Density_AsBuiltCert_20180209.docx> <PermitteeCertAsBuiltCert 20180209.docx> iFa the E�!Cf �'Y t�7jrd f7B�i'tlf'S. 2 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, February 5, 2020 4:11 PM To: Teri Losaw Subject: RE: [External] Cottages at Mariner's Pointe Attachments: SW8 131212_Email.pdf Te ri, My coworker, Linda Lewis, was working on that one. She retired a few months ago. Unfortunately, I do not know a whole lot about this one. It is issued to Carter/Chappell, LLC and I have attached what appears to be the most recent email. I do not know what else has transpired (if anything) since. Kelly From: Teri Losaw [mailto:teri@premiermanagementnc.com] Sent: Wednesday, February 5, 202012:21 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: [External] Cottages at Mariner's Pointe Hi Kelly, Thank you for your assistance with Turtlewood permit transfer. I am working for another HCA near Southport - Cottages at Mariner's Pointe. Would you be able to give me the name of the person/s on the storm water permit # SW8 131212 and the permit transfer correspondence? Thank you, Teri Losaw I Premier Management Company 4ssociaton Manager P.C. BOX 12051, Wilmington, NC 28405 Phone: 910-679-3012 x 717 1 Fax: 888-799-7626 www.PremierManaeementNC.com STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 DEQ SECTION: DEMLR/Hay NAME: Nick Garner FILE ACCESS RECORD REVIEW TIME / DATE: 1 1:00-12:30PM - 02/04/2020 EMAIL: nick@ccrgne.com REPRESENTING: Coastal Carolina Resource Group PHONE: 910-470-4225 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 2. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. CAMA Major Permits are issued out of the Morehead City District Office. The COMPLETE file is in the Morehead Office and may contain additional information and/or comments which may not be in the WIRO file 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. 5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 6. Necessary large plan copies can be scheduled with Cameron.- 919-796-7265 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written questions may be left with this completed form and a staff member will be in contact with you IF you provide your contact information where indicated above. 7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME _SW8 961216 Middlepo('nt _SW8 131212 The Cottages at Mariners Pointe COUNTY Pender Brunswick 4. 5. Signature and Name of Firm/Business Date MM/DD/YY Time In Time Out COPIES MADE 74 PAID I - INVOICE G:/ADM/Shared/File Review Access Form rev 2018 Lewis,Linda From: Lewis,Linda Sent: Tuesday, September 12, 2017 3:31 PM To: 'williambjones@bellsouth.net' Cc: 'stephen.bailey@baileybusby.onmicrosoft.com' Subject: FW: Cottages at Mariner's Pointe -Brunswick County Mr. Jones: You must submit a completed Permit Transfer Application: $505.00 fee and the supporting documents listed below to the Division to initiate the transfer -of the permit to the HOA. I attach my reply email below dated April 25, 2017, responding to your attorneys request about transferring the permit. In addition, you did not submit anything in support of using permeable pavement on some of the lots to reduce their BUA footprint. That issue must be resolved before we can approve the transfe, the permit. A compliance inspection will need to be done once we receive your signed transfer application request and supporting documentation. The documents that must be provided to show support for a determination of compliance include: 1. A copy of the recorded deed restrictions (if not previously submitted.) 2. A copy of the recorded plat (in support of the number of lots and the locations of any required drainage easements); 3. BUA verification records — you must provide documentation that no lot has exceeded its permitted maximum BUA limit. In Brunswick County, a copy of the tax record is OK because it includes BUA for the house, outbuildings, driveway, patios and sidewalk. For those lots that needed the permeable pavement BUA credit to stay below their maximum BUA limit, this is the time to submit that permeable pavement design information from a suitable professional licensed in North Carolina. 4. A copy of the deed conveying the common areas from the permittee (declarant) to the HOA. 5. Verification that more than 50% of the lots have been sold to individuals. Again, the tax records should suffice to demonstrate this. If you need more information than that, please advise. Linda From: Lewis,Linda Sent: Tuesday, April 25, 2017 3:30 PM To:'STEPHEN BAILEY' <stephen.bailey@baileybusby.onmicrosoft.com> Subject: RE: Cottages at Mariner's Pointe -Brunswick County Mr. Bailey: I don't see where a formal request to transfer this permit has been submitted. My last contact with Mr. Jones was on September 30, 2016, when I informed him about how to go about getting 5, permeable pavement permitted for BUA credit. To date, I have not heard anything back and the permit remains in the name of Carter-Chappeli, L.L.C. If Carter Chappell LLC would like to submit such a request, please have them complete the Permit ransfer Application form available at this link: https://deg. nc.gov/aboutldivisions/energy-mineral-land-resources/energy-mineral-land- ru les/stormwater-program/post-construction along with all the necessary documentation (BUA verification records, common area conveyance deeds, certifications, recorded deed restrictions, recorded plats, HOA NCSOS information, and a $50.5..00 fee, etc.) to get that ball rolling. Upon receipt of the completed and signed transfer form the project will be inspected for compliance. Linda From: STEPHEN BAILEY [mailto:stephen.bailev@baileybusby.onmicrosoft.com] Sent: Tuesday, April 25, 2017 2:37 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Cottages at Mariner's Pointe -Brunswick County Ms. Lewis, Good afternoon. I represent Bill Jones, one of the original member/manaeers for Carter Chappell, LLC. Bill has asked that I get involved with assisting him regarding the Cottages at Mariner's Pointe Subdivision in Southport. I know last summer you sent a letter to Bill regarding in part the lack of certification for the stormwater system and impervious surfaces for the subdivision. I believe Mr. Jones sent you a certification letter last fall as follow-up to your letter and visit to the subdivision. Mr. Jones is now working with the officials at Brunswick County and dealing with some of the same issues. Last week Bridgett, with Brunswick County, sent a correspondence to Mr. Jones asking the status of the certification with the State. After speaking with Bill this weekend he was not sure where things currently stood with the State and asked that I reach out to you. I attempted to call your earlier, but unfortunately your voicemail cut me off so I thought I would send you a follow-up email. My goal is assist Bill in getting these last few issues resolved in order to hopefully put this matter to bed. After speaking with him it appears the stormwater system for the subdivision is working properly with no issues at this time. Any information that you might be able to provide would be helpful and I greatly appreciate your time and assistance. Please feel free to contact at any time at the Hampstead office number below. Thank You, Stephen C. Bailey, Attorney at Law Bailey & Busby, PLLC WILMINGTON OFFICE 7110 Wrightsville Avenue #A-1 Wilmington, NC 28403 Phone: 910.256.8484 Fax: 910.256.8488 HAMPSTEAD OFFICE 14865 US Hwy 17 (PO Box 818) Hampstead, NC 28443 Phone: 910.270.8830 Fax: 910.270.8831 Please consider the envi onment before printing this e-mail. This electronic mail transmission has been sent by a lawyer. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to lead, pi iiii, iewin, copy or disseminate this message, any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney -client privilege, that may attach to this communication. Thank you for your cooperation. Feel free to send us electronic mail. However, you are advised that the act of sending electronic mail to a lawyer at this Firm does not alone create an attorney -client relationship. Unless you are already a client of the firm, your electronic mail will not be privileged and may be disclosed to another person. Even if you are a client, remember that electronic mail on the Internet is not secure and that you should avoid including sensitive, confidential information in unencrypted messages. Lewis,Linda From: Lewis,Linda Sent: Thursday, November 16, 2017 3:18 PM To: 'Brigit Flora' Subject: RE: [External] Cottages at Mariners Pointe The permit indicates that the approved plan for the revised lot layout is the recorded plat in MC 56 at PG 33 of the Brunswick County Register of Deeds. For the grading plan and details, you'll need to reference the approved plan for The Village at Mariners Pointe under SW8 021215. Both the Village at Mariners Pointe and the Cottages at Mariners Pointe were at one time, permitted under one permit, 021215. When Carter -Chappell purchased their block of lots from Bill Clark Homes, they resubdivided (adding one lot), and became the declarant for their own lots, and were no longer part of the 021215 permit, so they had to get a separate permit,131212, for their lots called the Cottages at Mariners Pointe. We don't have the ability to copy or scan large plan size sheets here in our office, so if you want a copy, please make arrangements with Cameron Weaver at 910-796-7303. Linda From: Brigit Flora [mailto: Brigit. Flora@ brurswickcountync.gov] Sent: Thursday, November 16, 2017 2:45 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: [External] Cottages at Mariners Pointe CAUT IONi External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam'"nc.. ov. Thanks Linda. This helps. Would it be possible to get a copy of the revised plan? As you know, trying to get anything out of Mr. Jones is like pulling teeth. I would appreciate any help. Brigit Flora, PE, CFM Stormwater Engineer/Administrator Brunswick County Engineering Department 910-253-2405 From: Lewis,Linda [rnailto:linda.le+vis L:)ricdenr.gov] Sent: Thursday, November 16, 20172:15 PM To: Brigit Flora <Brigit:: hr_,(iarunswicF_cn.in_ync.gov> Subject: RE: [External] Cottages at Mariners Pointe Thanks Brigit. We have a plan revision for the changes in that area, from 2 lots to 3 lots. See the attached 2014 01 permit which added one lot to the original 45 lots in this subdivision. The holdup on the transfer is that some of the builders used permeable pavement to stay below the maximum BUA limit, but they never submitted to the state for a permit to use permeable pavement. Since we did not approve the permeable pp vement, we can't give them any BUA credit. So, the lots that used permeable pavement are out of compliance for over -building and i cannot t�,ansfer a permit to an HOA when it s out of compliance. I've been in contact with Mr. Jones off and on for over a year now, trying to get him to submit those individual lot applications for permeable pavement so we can get the permeable pavement approved, call the project in compliance, and move on vvlith the transfer. I also attach my last email to him. Ueda From: Brigit Flora [mailto:Brigit..Flora()brunsvrickcounivnc.7cv] Sent: Thursday, November 16, 2017 1:18 PM To: Lewis,Linda <lin c�.lewis �,nrden�.Rc,,v> Subject: RE: [External] Cottages at Mariners Pointe CAUT3ia i3: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.sparn@nc,gov. Linda — I agree it is mostly a flooding concern but I just wanted to make sure the swales weren't necessary for water quality as well. The area I am referring to is the swales on lots 130 and 131 on the attached plan. The plan was modified at some point because there are actually 3 lots there instead of 2 lots. Per your information the swales may not be required but at least now you are aware and it appears that they never submitted revised plans (or at least no to me). Can you tell me what the hold-up is for transferring the permit? Thanks so much. Brigit Flora, PE, CFM Stormwater Engineer/Administrator Brunswick County Engineering Department 910-253-2405 From: Lewis,Linda[mailtc:linda.le%�!is@ncdenr.gov] Sent: Thursday, November 16, 2017 9:18 AM To: Brigit Flora <Brigit�Flora brunswickcountync.gov> Subject: RE: [External] Cottages at Mariners Pointe • No, the permit for the Cottages at Mariners Pointe remains with Carter -Chappell, LLC. The last inspection report for the project did not mention anything about missing swales. When you say that the swales were not installed per the plans, what exactly do you mean? If roadside swales aren't needed, such as at the high point grade changes of the drainage area, there is no requirement to install them. However, when such field changes are made, the permit requires the permittee to submit revised plans for approval before construction. For the Cottages at Mariners Pointe, no such revised plan has been approved. The swale requirements under the low density rules are only about achieving water quality control, and are not about achieving flood control. The rules simply say that any swales used to transport runoff within a low density project must have 3:1 or flatter sideslopes and must be vegetated and able to pass the peak flow from the 10 year storm without eroding. Linda From: Brigit Flora [mailtg:Gr it.Florana brunswickcountyn���] Sent: Thursday, November 16, 2017 8:59 AM To: Lewis,Linda <]inda.lewis ncdenr.gov> Subject: [External] Cottages at Mariners Pointe CAUTION: External email. Do not chick links or open attachments unless verified. Send all suspicious email as an attachment to re L.t?.s )11Md_lf r-9_0V. Hi Linda — Do you know if you guys ever transferred the stormwater permit to the HOA for the Cottages at Mariner's Pointe? We are still struggling to get the declarant to provide us what we need. Also, there are three lots in a cul-de-sac where swales were not installed per the plans and the builder and declarant are telling property owners that they don't have to install the swales per the State Stormwater Permit. Any help you guys can offer to bring this to a conclusion would be much appreciated. Thanks Brigit Flora, PE, CFM Stormwater Engineer/Administrator Brunswick County Engineering Department 910-253-2405 Lewis,Linda From: Lewis,Linda Sent: Thursday, October 06, 2016 12:08 PM To: 'MIchael Gallant' Subject: RE: The Cottages at Mariners Point SW8 131212 Attachments: 2016 08 CEI_deficient 131212.docx; 2016 08 CEI_BIMS 131212.pdf Mike - Yes and no. I attach the inspection report. As part of a request to transfer the permit, the permittee is required to provide certification that the project was built as permitted. For low density, that would be things like accurately recording the deed restrictions with the per lot BUA limit, assuring vegetated conveyances have 3:1 slopes, assuring that the number of lots doesn't exceed the permitted number (recorded plat), assuring that all of the stormwater conveyances are located in recorded drainage easements, common areas or public rights -of -way (recorded plat) and assuring that no one has exceeded their maximum BUA limit. I inspected the project myself and it appears to be incompliance with the permit requirements, pending submission/verification of the items above. I don't have a history of complaints with this project yet. I remember getting one phone call about ditches and driveway piping not being "right". One of the HOA representatives for the adjacent Village at Mariners Pointe under SW8 021215 called me and essentially blessed me out for calling that project compliant. No matter what I did to explain that flooding problems, design flaws and construction deflects aren't covered by the permit, it was falling on deaf ears. HOA's see "compliance" in terms of flood prevention and/or how wet the project is and/or how long it takes for the flooding to subside, which of course is not what stormwater permit compliance is about. For the Cottages at Mariners Pointe, the allegations are that a couple of the lots utilized permeable pavement to stay below their maximum BUA limit and that the roadside ditches and the driveway piping were not properly installed to facilitate drainage. The permit is not set up for the permittee to review permeable pavement applications, so they should have been submitted to the Division, but they were not. The County advised the builder that they would need to utilize permeable pavement because they were over their BUA allocation. The builder apparently took that statement as "permission" to install the permeable pavement, but the builder never submitted anything to the state for approval as is required. I told Mr. Jones that he would need to apply for "after -the -fact" permits for both of those lots in order to claim the permeable pavement BUA credit. It's also been alleged that the driveway pipes were laid at different elevations, so some folks are allegedly causing backups in the ditch which can lead to undercutting of the pipe and erosion. I think the grading of the ditch and the installation of the sod and the way the driveway pipes are laid are all contributing factors to the situation. The HOA thought that should be a permit compliance issue. Unfortunately, it's not. The ditch elevations are not shown on the plans - only a general road section detail with the standard 3:1 ditch slopes. As we all know, driveway piping is not shown on our approved plans because of course the location of the driveway is an unknown until the home is constructed. However, where a design flaw or defect occurs in a situation like an outlet structure or it causes a problem with the ability of the BMP to treat the runoff or if the runoff is not being adequately conveyed to the BMP because of invert problems, then of course we would write that up as a compliance issue. But in low density, it's not. So, that's what you'd be getting into should you choose to accept this job. Linda From: Mlchael Gallant [mailto:gallantmc@yahoo.com] Sent: Thursday, October 06, 2016 10:15 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Mariners Point Linda, Hope you are well. I just talked with William Jones about Mariners Point in Brunswick County. He told me he needs to get the system certified. He also said that you had inspected the site and said that it looked fine to you. I believe Phil Tripp was the original engineer on the project. Please let me know if this information is accurate and if you did indeed visit the site and your general impression of the system. I told Mr. Jones that the system would have to have an as -built survey done to compare with the approved plans with any discrepancies noted and accounted for. He also said that one home owner has complained to the County about the system. Do you have a history of complaints concerning this system? Not trying to get you to spend a lot of time on this, I just want a quick fact check here before I agree to get involved so I know what I am dealing with. Thanks, Michael C. Gallant, PE PO Box 4039 Surf City, NC 28445 910.448.1046 www.michaelgallantengineer.com Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall U i x �� � �. �� � C3F Tl l SECRET RY O Secretary F� 'T" `M PO Box 2%22 Raleiih, NC 27'62"62,2 (919)807-2Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Carter Chappell, LLC Limited Liability Company Information Sosld: 0906329 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 3/29/2007 Fiscal Month: December State of Incorporation: NC Registered Agent: Chappell, Robert Harold, Jr. Corporate Addresses Mailing: 1119 Military Cutoff Rd Ste A Wilmington, NC 28405 Principal Office: 1119 Military Cutoff Rd Ste A Wilmington, NC 28405 Reg Office: 1119 Military Cutoff Rd Ste A Wilmington, NC 28405 Reg Mailing: 1119 Military Cutoff Rd Ste A Wilmington, NC 28405 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20 Manager: Robert Harold Chappell P. O. Box 431 Wrightsville Beach NC 28480 Manager: William B Jones PO Box 994 Hampstead NC 28443 https://www.sosne.gov/Search/profcorp/8178868 8/23/2016 0612112016 Ii:10 Next No a Cape Fear 9 LIMITED LIABILITY COMPANY ANNUAL RE NAME OF LIMITED LIABILITY COMPANY; Carter Chappell, LLC SOSID: 0906329 Date Filed: 6/28/2016 11:59:00 PM Elaine F. Marshall North Carolina Secretary of State CA2016111 06281 CA2016111 STATE OF FORMATION: NC Fill" o . arroft SECRb"TARY OF STATE fD NUMBER: p906329 T, • REPORT FOR THE -YEAR: 2016 1 SECTION A: agGISTERED AGENT'S IN oRYATION Changes e 1. NAME OF REGISTERED AGENT: Robert Harold Chappoll Jr, 2. SIGNATURE OF THE.NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENTTO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS 8 COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 1119 Military Cutoff Rd Ste A 1119 Military Cutoff Rd Ste A Wilmington, NC 28406 New Hanover Wilmington, NC 28405 New Hanover SECTION B: PRINCIPAL CIFFIC9 IN R'MATICI 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 1nVestments 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 612-1948 3. PRINCIPAL OFFICE EMAIL: 4: PRINCIPAL OFFICE S7RL-ET ADDRESS 8 COUNTY. 5. PRINCIPAL OFFICE MAILING ADDRESS 1119•Military'Cutoff Rd Ste A - 1119 Military Cutoff Rd Ste A Wilmington, NC•28405 New Hanover Wilmington, NC 28405 New Hanover XCTION C: COMPANY OFFICIALS (Enter additional Company Officials In Section E.) NAME; Robert Herold Chappell TITLE: Manager ADDRESS: NAME: William B Jones NAME: TITLE: Manager TITLE: ADDRESS; ADDRESS: P. O. Box 431 Pa Sox 994 Wrightsville Beach, NC 28480 Hampstead, NC 28443 SECTION D: CERTIFICATION OF ANNUAL REPORT_ Section D must be completed in its entirety by a person/business entity. x a - x SIGNATURE DATE Form must be signed by a Company Ot(blal rested Under Secllon C of this form. k4 !ifpU al^� F! U'!la�icQ_� Manager — Print or Type Name of Company (clal Print orType The Title of fhc Company Official SUBMiTTFt15 ANNUAL REPORTWITH THE REDUIRr'sD FILING FEE OF $201) - a � �' MAIL TO: Secretary of Slate, Corporations ON(sion, POSt Office Box 2852$. Raleigh, NC 2762"525 � + STATE OF NORTH CAROLINA Department of Environmental Quality . 127 Cardinal Drive Extension Wilmington,•North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION TIME/DATE NAME REPRESENTING X-7/17? Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9.00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You .may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is .OS cents for copies. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can also be invoiced for your convenience 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No o briefcases, large totes etc are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 4. 5. Signature andN- me of Firm/Business Date Please attach a business card to this form //y 7 COPIES MADE 1,9 PAID r: rev -2_ o� Time In Time Out IIl�VOICE Resolution Full legal name of entity: Carter Chappell, LLC ("Company") State of organization: North Carolina Date: December 11, 2013 The Company, through the undersigned, hereby certifies and sets forth a duly -approved Resolution as follows: 1. The full legal name of the Company is as stated above. The Company is a limited liability company organized under the laws of the State of North Carolina. The Company has been registered in the manner prescribed by law and is currently in good standing with the State of North Carolina. 2. R. Harold Chappell and William B. Jones are the sole Member and Managers of the Company and thus have the authority to approve the transactions described below and execute and approve this Resolution on behalf of the Company. 3. The Company previously approved and hereby approves and ratifies the attached First Amendment to Declaration of Restrictive Covenants of The Cottages at Mariner's Pointe Subdivision ('Amendment"). 4. The Company hereby evidences its approval of the Amendment and authorizes R. Harold Chappell as member/manager to execute the Amendment (and ratifies the execution of any previously executed documents) determined by the Company to be reasonably necessary to effectuate the Amendment. 5. The undersigned certifies that this Resolution is in conformity with the understanding, consent, and agreement of the Company; that this Resolution does not violate the terms of any Articles of Organization or Operating Agreements of the Company; and that no other person or entity needs to execute this Resolution to make this Resolution binding and effective. 6. This Resolution has been duly approved and duly executed by and on behalf of the Company. Witness the hand and seal of the undersigned, effective as of the date written above. CARTER CHAPPELL, LLC Print Name: R. Harold Print Title: Member-M Signad(wre;(SEAL) Print Name: Filliarq, .Jon -M Print Title: Membeariaxer 1 Corporations Division Page 1 of 1 North Carolina Elaine F Marshall ✓ E PAR T E N` I " O THE Secretary �SECRE ARY nor=' STATE PO Boat 29622 Raleah, NC 2752"622 (919)807 2003 Click Here To: View Document Filings Corporate Names Legal: The Cottages at Mariner's Pointe, Homeowner's Association, Inc Non -Profit Corporation Information Sosld: 1073534 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 11/26/2008 State of Incorporation: NC Registered Agent: Chappell, Robert Harold Corporate Addresses Mailing: 1113a Military Cutoff Road Wilmington, NC 28405 Principal Office: 1113a Military Cutoff Road Wilmington, NC 28405 Reg Office: 1113a Military Cutoff Road Wilmington, NC 28405 Reg Mailing: 1113a Military Cutoff Road Wilmington, NC 28405 Account Login Register https://www.sosnc.gov/Search/profcorp/9014077 8/23/2016 SOSID: 1073534 Date Filed: 11/26/2008 2:27:00 PM Elaine F. Marshall North Carolina Secretary of State C200833100132 ARTICLES OF INCORPORATION OF THE COTTAGES AT MARINER'S POINTE HOMEOWNER'S ASSOCIATION, INC. A NON-PROFIT CORPORATION In compliance with the requirements of Chapter 47F and Chapter 55A of the General Statues of North Carolina, the undersigned resident of New Hanover County, North Carolina, who is of full age, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE 1. Corporate Name: The name of the Corporation is The Cottages at Mariner's Pointe, Homeowner's Association, Inc, ARTICLE 2. Duration: The period of duration of the corporation is perpetual. ARTICLE 3. Registered Office and Agent: The principal and initial registered office of the Corporation is located at 1113A Military Cutoff Road, Wilmington, NC 28405 and the name of the initial registered agent is Robert Harold Chappell. ARTICLE 4. Purposes and Powers: This Corporation does not contemplate pecuniary gain or profit to the members thereof. No part of the net income of the Corporation shall inure to the benefit of any officer, director or member of the Corporation. The specific purposes for which it is formed are to provide for the maintenance, management and preservation of the certain development known as `The Cottages at Mariner's Pointe' (hereinafter "the Development") as shown and described on the plats thereof that will be recorded in the Office of the Register of Deeds of Brunswick County, North Carolina and any additions thereto which may be brought within the jurisdiction of the Corporation; and to promote the health, safety and welfare of the Owners of lots in the Development, and any additions thereto as may be brought within the jurisdiction of the Corporation. The Executive Board shall have the following powers: To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation set forth in the Declaration of Covenants, Conditions and Restrictions for `The Cottages at Mariner's Pointe', which will be recorded in the office of the Register of Deeds of Brunswick County, North Carolina and as the same may be amended from time to time as therein provided. ARTICLE 5. Membership: Every person who is a record Owner of a fee or undivided fee interest in any Lot which is subject to the Declaration of Covenants, Conditions and Restrictions, including contract sellers, shall be a member of the Corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot. If more than one person holds an interest in any Lot, all such persons shall be members, but in no event shall more than one (1) vote be cast with respect to any Lot. ARTICLE 6. Voting Rights: The Corporation shall have two classes of voting memberships: Class A. Class A membership shall be Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned, after the period of Declarant control as set forth below. If more than one person holds an interest in any Lot, all such persons shall be members, but in no event shall more than one (1) vote be cast with respect to any Lot. Fractional voting with respect to any Lot is hereby expressly prohibited. Class B. The Class B Member shall be the Declarant (as defined in the Declaration of Covenants, Conditions and Restrictions) and shall be entitled to exclusive voting during the period of the Declarant control. Declarant control shall end and the Class B membership shall cease and be converted to Class A membership on the happening of the following events, whichever occurs earlier: (a) On December 31, 2020 (b) Upon the voluntarily surrender of the Class B membership by the holder thereof. ARTICLE 7. Initial Board of Directors: There shall be two (2) Directors on the initial Board of Directors (the "Executive Board") whose names and address are as follows and who shall serve until their successors are selected and qualified: Robert Harold Chappell 1113-A Military Cutoff Rd. Wilmington, NC 28405 William B. Jones P.O. Box 994 Hampstead, NC 28443 The members of the initial Board of Directors need not be members of the Association. After the end of Declarant control, a majority of the Directors on the Board of Directors must be owners of Lots in `The Cottages at Mariner's Pointe'. ARTICLE 8. Incorporator: The name and address of the incorporator of this Corporation is: Stephen C. Bailey 1437 Military Cutoff Rd., Ste 210 Wilmington, NC 28403 ARTICLE 9. Dissolution of the Association: In the. eventt of dissolution of the Association, the residential assets of the Association will be dedicated to a public body or conveyed to one or more organizations with purposes similar to those of the Association which are exempt as organizations described in Sec. 501 (c)(3) of the Internal Revenue Code of 1986. ARTICLE 10. Amendment: These Articles of Incorporation may be amended only upon the vote of not less than sixty-seven percent (67%) of the members of the controlling class. IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of the State of North Carolina, I, the undersigned, being the incorporator of this Corporation, have executed these Articles of Incorporation this the'z� day of November, 2008. Stephe . Bailey Incorporator SOSID: 0493080 Date Filed: 12/16/2015 11:59:00 PM CD 479 (42) Business Corporation Annual R Elaine F. Marshall 10-22_13 North Carolina Secretary of State CA2015 350 01094 Name)/of-siness Corporation: WILLIAM B JONES CONSTRUCTION INC Secref State ID. 0493080 State of Formation: NC Fiscal Year Ending: 12 31 14 ® I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55-16-22) has not changed and is therefore complete. Section A: Registered Agent's Information 1. Name of Registered Agent: 2. Signature of the New Registered Agent: (Signature constitutes consent to the appointment) 3. Registered Office Street Address & County 4. Registered Office Mailing Address Section B: Principal Office Information 1. Description of Nature of Business: 2. Principal Office Phone Number: 4. Principal Office Street Address & County Section C: Officers (Enter additional Officers in Section E.) Name: Name: Title: Title: Address: Address: 3. Principal Office Email: 5. Principal Office Mailing Address Name: Title: Address: Section D: Certif ion f Annuaf Roport Qeftn D m st be completed in its entirety and signed by a person listed under ion a p n gn' fog n en tit listed under Section C. - LSignature (Form mu - b K by an o cer of corporation) WILLIAM B JONES PRESIDENT Print or Type Name of officer Title apMSOSID: 0493080 BUSINESS CORPORATION ANNUAL REPOR Date Elaine R Marshall North Carolina Secretary of State NAME OF BUSINESS CORPORATION: WILLIAM B. JONES CONSTRUCTION, INC. CA2014 261 13125 SECRETARY OF STATE ID NUMBER: 0493080 STATE OF FORMATION: NC V % p V03jk si REPORT FOR THE FISCAL YEAR END: 12/31/2013 SECTION A: REGISTERED AGENTS INFORMATION ©Changes 1. NAME OF REGISTERED AGENT: WWILLIAM B. JONES 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 321 East island View Drive Hampstead, NC 28443 Pender SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Construction 2. PRINCIPAL OFFICE PHONE NUMBER, (910) 541-1135 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 321 East Island View Drive Hampstead, NC 28443 Pender SECTION C: OFFICERS (Enter additional Officers In Section E.) NAME: William B. Jones TITLE: President ADDRESS: PO Box 994 Hampstead, NC 28443 NAME: TITLE: ADDRESS: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 321 East Island View Drive Hampstead, NC 28443 3. PRINCIPAL OFFICE EMAIL: 5. PRINCIPAL OFFICE MAILING ADDRESS 321 East Island View Drive Hampstead, NC 28443 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. SIGNATURE Form must be signed by an offioer listed under Section C of this form. Print or Type Name of Officer SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF S25 MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 DATE Lewis,Linda From: Lewis,Linda Sent: Tuesday, January 21, 201411:53 AM To: heath.clark cDbillclarkhomes.com; 'Landon Weaver' Subject: The Village at Mariner's Pointe SW8 021215 Mr. Clark and Mr. Weaver: I think I referenced Mariner's Pointe in the previous email when it should be The Village at Mariners' Pointe, which was previously known as Sweet Bay Village. I've decided to use the recorded plats as the approved plans rather than trying to mark up the previously approved plans. My only trouble is in finding where the April 2006 approved road project connecting Cherry Laurel Drive in Sweet Bay Village with Frying Pan Road in Mariner's Pointe was recorded. Lots 82, 83 and 84 were removed and became open space. Can you give me the Map Book and page number where the changes to those lots were recorded? Was the road connection ever completed? I have only MB 35 Page 280 recorded on June 22, 2006, but that map still shows Lots 82, 83 and 84. In MB 36 Page 419, Phase 2A of Sweet Bay Village, there is open space shown where Lots 82, 83 and 84 should be, but the road connection does not appear on that plat, as we permitted it. Thanks for any info you can provide. Linda Lewis Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.