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HomeMy WebLinkAboutSW8960319_Historical File_20140606A � NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor June 6, 2014 Island Development Group, LLC Charles Mantooth 201 Salisbury Circle Danville, VA 24541 Subject: Approved Plan Revision Cape Island Subdivision Stormwater Permit No. SW8 960319 Onslow County Dear Mr. Mantooth: John E. Skvarla, III Secretary On May 1, 2014, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8 960319. The revisions include the reallocation of BUA to account for an overage on the Clubhouse Lot. See the attached revised BUA calculations for the details. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please add the attached revised clubhouse plan to the previously approved plan set. Please be aware that all terms and conditions of the permit issued on July 3, 1997, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. The Division also acknowledges the receipt of a request to transfer the permit to the HOA, received on May 30, 2014. The following information is required in order to move forward with the permit transfer: 1. Provide a mailing address for the HOA, in care of Mr. Jeremy Schmidt, Board Member. 2. Please review the list of required items that must be submitted with the transfer form. I believe that most of them have been addressed, except for items #2, #3 and #5. Per Section 1.9 of the low density subdivision permit, the developer must certify that the impervious surfaces have been constructed within substantial intent of the approved plans. This is permit -speak for written assurance that no lot has exceeded its allowable maximum BUA limit. Please consider this letter as a request for additional informational that is due back by July 1, 2014. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7215. Sincerely, Q� 6a� ad" Linda Lewis Environmental Engineer III GDS1arl: G:1WQ1Shared1StormwaterlPermits & Projects11996\960319 LD12014 06 permit pr 960319 cc: Jeremy Schmidt, Cape Island Homeowners Association (jeremy.schmidt04O2@gmaii.com) John Parker, P.L.S., Parker & Associates Town of North Topsail Beach Building Inspections Wilmington Regional Orrice Stormwater File Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004 DEMLR USE ONLY Date Received Fee Paid (express onl Permit Number 5� ' -t -- SGvB 96-0911 State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION ECEIVEriA 1. Stormwater Management Permit Number: SW ,C$ .9 Co V MAY 0 9 2014 2. Project Name: ---, A P V!4 a S V ^—. O BY -- U 3. Permit Holder's name (specify the name of the corporation, individual, etc.): 4. Print Ownery/Signing Official's name and title (person legally responsible for permit): 5. Mailing Address for person listed in item 2 above: 2-0 S �L• s c�..+�--t C i rcie. City: 0 A. State: ilea zip: 2` k SL% I Phone: (43ki ) 'L $0 4 `s B '3 Email: C. dal M sa.-+'r m a-e�� Q V o II. PLAN REVISION INFORMATION Fax: (�'-�"-� ) '1 �-1 Lk 14. "` A 1. Summarize the plan revision proposed (attach additional pages if needed): ` 40 dam► �-t_ c. t..� h+s� �.. Y1 �.�s..iSya...� L lrs�c� + ""1 ��� I Wtv�t ..i a III. 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. The complete application package should be submitted to the DEMLR Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original & 1 copy of the Plan Revision Application Form • Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) If al2pl m for or Express review (only available in 20 coastal counties): • Application fee of $500.00 (made payable to NCDENR) Initials Cw M G W" VI. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 3C k 0-'All ` Q J � M `o Q,:-C L i certify that I have authorized these plan revisions and that the information included on this plan revision application is, to the best of my knowledge, correct and complete. Signature: <21�/r Date: 5- Plan Revision Form Rev. Oct. 31, 2013 ,: E EIVE BUILT -UPON AREA CALCULATIONS MAY 0 9 2014 CAPE ISLAND SUBDIVISION WITH CLUB HOUSE REVISIONS11t; ..,... Stormwater Project Area for Subdivision 38.06 acres Stormwater Project Area for Club House 0.43 acres Total Area 38.49 acres Total number of Lots 61 Built -upon Area Streets 81,717 sf Boat Ramp Recreation Area 6,728 sf Ocean Access Park 6,770 sf Sewer Pump Station and Access Drive 3,120 sf Clubhouse Lot 8,250 sf Building (including overhangs) 1,100 sf Gravel Parking Lot 5,700 sf Pool Deck and Walkway 1,450 s Sub -total clubhouse lot 8,250 sf TOTAL 106,585 SF Maximum Allowed Built -upon Area for Total Project = 0.25 x 38.49 = 419,156 sf Maximum Built -upon Area for Lots: _ (.25 x 38.49 acres x 43560 sf/acre)—106,585 61 lots = 5,124 sf / Lot Check: Total Built -upon area: 106585 + (61 x 5124) = 419,149 < 419,156 OK Narrative: The gravel parking lot on the clubhouse lot was extended beyond the limits of the 1997 approved plan, and a pool was added. This resulted in an overage of 3,730 sf of built -upon area on the clubhouse lot. To make up for this overage, the built -upon area assigned to the Ocean Access Park, 10,000 sf, is proposed to be reduced to 6,770 sf, keeping the overall built -upon area for the entire subdivision at the previously permitted low density level of 25%. Please note that a � ;500 sf addition error was discovered in the original calculations, such that the amount of BUR reduction required for the Ocean Access Park could be 500 sf less than originally planned. Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCDE14R g y W-M"-.M""'° ylp PERMIT NAME/OWNERSHIP CHANGE FORM Y:NVIi1pliMQ/i IND NAIPAL I�_9DIbiCE3 FOR AGENCY USE ONLY Date Received Year Month Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage INICIS101 I I I N I C II. Permit status RKjE to requested change. a. Permit issued to (company name): S LA.,-O D,—VR le V hiLai-r Cvac LLc b. Person legally responsible for permit: k,-- .es ant hp,,,-c'ae+ cta c. Facility name (discharge): d. Facility address: e. Facility contact person: First I MI Last Title Permit Holder Mailing Address City State Zip (`04 z 5o ti$Ffti3%A I-t 4tv Phone Fax Address City State Zip First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: ECEno IVE MAY 15 20% BY: d. Facility name (discharge): e. Facility address: f. Facility contact person: First MI Last Title Permit Holder Mailing Address City State Zip Phone E-mail Address Address City State Zip First MI Last ( ) Phone E-mail Address Revised 2012Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: First MI Last Title Mailing Address City State Zip Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. ..................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE. CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. !P 5- ti3 — 1=i Signature Date APPLICANT CERTIFICATION I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETEAPPLICATION ATIOl`: PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 7/2008 Lewis,Linda From: Lewis,Linda Sent: Monday, June 02, 2014 9:46 AM To: 'Jeremy Schmidt' CC: 'edwardpinkham@gmail.com'; 'tomsharonlacy@yahoo.com'; 'fredlewisharris@gmail.com'; 'skb49@aol.com' Subject: RE: Permit ICO Charles Mantooth and Cape Island Mr. Schmidt: Thank you for your email. I can assure you that the permit will not be transferred unless all the requirements of the Session Law are met. However, the determination of compliance rests with the Division, not with the HOA. The project was inspected earlier this year. The only apparent noncompliance found was the additional built -upon area (BUA) that had been added to the clubhouse lot (the pool and gravel parking expansion) without benefit of an approved plan from the Division. Mr. Mantooth has been working with us to address that issue. The proposed solution is to reduce the BUA allocation made for the Ocean Access Park from 10000 sf down to 6770 sf. Once the revised plan is approved, the project will be considered in compliance and the permit can be transferred to the HOA. Please understand that the session law is designed to prevent HOA's from refusing to accept a permit for a compliant project. Your views as to what constitutes compliance may be a bit different than what the law requires. Please note that flooding issues cannot be considered as part of the process the stormwater permit's jurisdiction does not require flood prevention or flood control. Only permit -covered stormwater compliance issues can be considered in the transfer process. Other unrelated issues, such as something the developer may have promised but not delivered on, cannot be considered as noncompliances. The permit is a low density permit, meaning that the total amount of built -upon area (BUA) is limited to a maximum amount, 25% for Cape Island. In this case, compliance is based on the following: 1. The presence and condition of the roadside swales, including the 3:1 side slope, and sufficient vegetation coverage; 2. No piping of the vegetated conveyances has occurred, except under driveways. 3. No one has built within the 30' buffer adjacent surface waters. 4. No lot has exceeded the maximum permitted BUA limit of 5124 square feet per lot. My inspection was based on visual observation, however, tax records will be needed to document this amount. One of the other options to make up for the overage on the Clubhouse lot was to amend the deed restrictions to reduce each lot's maximum BUA limit from 5124 down to 5000. This would have freed up only 1464 square feet to be applied to the Clubhouse, which was not enough to cover the overage. The permit - holder decided not to go that route because of the difficulty in getting 61 owners to agree. 5. The road width and cul-de-sacs are constructed per the approved plan details, and haven't been widened or altered. No additional BUA has been added. Again, the BUA added to the clubhouse is being dealt with as part of the compliance. 6. The deed restrictions have been recorded. Until the HOA becomes the permit -holder, there is very little you can contribute to the transfer process at this time. Once the HOA becomes the permit holder, you can propose to modify the permit as you see fit, within the confines of the low density rules that the permit was issued under. I look forward to resolving this matter quickly, and allowing you and your neighbors to get back to enjoying that wonderful slice of heaven on earth that is Cape Island. Linda -----Original Message ----- From: Jeremy Schmidt[mailto:ieremy.schmidt0402CcDgmail.com] Sent: Friday, May 30, 2014 8:40 PM To: Lewis,Linda Cc: Shumbarger, Brenda; Edward Pinkham; Tom Lacy; fred harris; Susan and Butch Bolin Subject: Permit ICO Charles Mantooth and Cape island Ms. Lewis, At you earliest convenience, I would like to go over the permit that you have been discussing with Charles Mantooth. I understand you believe the transfer can occur without the HOA's involvement. While that might be true, SL 2011-256 also states that, "the stormwater management system is in substantial compliance with the stormwater permit issued to the permittee by the Department." This is what we would like to ensure as this potentially affects several dozen homeowners. I look forward to us moving forward on this matter. Sincerely, Jeremy Schmidt 414.333.5418 Lewis,Linda From: Charles Mantooth <cwmantooth@verizon.net> Sent: Saturday, May 31, 201410:15 AM To: Lewis,Linda Subject: Re: Permit Transfer Form / SW8 960310, Cape Island HOA Fred Harris 26 Sailview Drive North Topsail Beach NC 28460 Linda use this address On 05/30/14, Lewis,Linda<linda.lewis(&-ncdenr.gov> wrote: I received the completed and signed form today, thank you. You did not provide the physical mailing address of the HOA — an email address is not sufficient. Please reply to this email with the mailing address of the HOA. Unfortunately, approval of the permit is not up for a vote by the HOA. They are getting the modified permit whether they like it or not. Since they were not the permit holders, they have no "dog in the fight" regarding the modification of that permit. The whole point of SL 2011-256 is to allow the permittee the ability to transfer a permit for a compliant project WITHOUT the vote of the HOA. The permit has been modified in order to demonstrate compliance. If we wait for the HOA to approve and accept this permit, it will be years before this thing happens — and the Division can't wait that long. I can hold it for a few weeks, but if I haven't heard from you by July 1, 2014, I have to transfer the permit to the HOA. Thanks. 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 Lewis,Linda From: Lewis,Linda Sent: Wednesday, May 07, 2014 6:00 PM To: 'Charles Mantooth' Subject: RE: Cape Island In this case, the next order of business is to get the plan revision approved documenting the clubhouse changes and moving the BUA around. A new drawing of the clubhouse has been prepared, but the plan revision paperwork has not been submitted. Once the plan revision is submitted and approved, then the transfer of the permit can commence. We understand that the LLC has been dissolved, however pursuant to NCGS 55-14-05(a), a dissolved corporate entity continues its corporate business but may not carry on any business except those acts necessary to wind up and liquidate its business and affairs. The registered agent, a manager or a member -manager may sign and submit the necessary documents on behalf of the dissolved corporation to transfer the permit to the Association. Once you sign the transfer form, then if the HOA refuses to sign, even though we have deemed the project to be in compliance, we can pursue a transfer under SL 2011-256, described below. This only requires the signature of the dissolved LLC rep on a different form and a determination by the State that the project is in compliance. Until the plan revision is approved, the project is not in compliance. Once the plan revision is approved, the project will be deemed in compliance. SECTION 1. G.S. 143-214.7 is amended by adding a new subsection to read: "(c2) The Department shall transfer a permit issued under this section for a stormwater management system from the declarant of a condominium or a planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community's declaration upon request of a permittee if the Department finds that (i) common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration; (ii) the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant; and (iii) the stormwater management system is in substantial compliance with the stormwater permit issued to the permittee by the Department. In support of a request made pursuant to this subsection, a permittee shall submit documentation to the Department sufficient to demonstrate that ownership of the common area related to the operation and maintenance of the stormwater management system has been conveyed from the declarant to the association and that the declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant. For purposes of this subsection, declarant of a condominium shall have the same meaning as provided in Chapter 47C of the General Statutes, and declarant of a planned community shall have the same meaning as provided in Chapter 47F of the General Statutes." Linda From: Charles Mantooth[mailto:cwmantooth(dverizon.netl Sent: Wednesday, May 07, 2014 2:40 PM To: Lewis,Linda Subject: Fwd: Re: Jeremy's contact info Linda, please consider that I are trying to rake transfer .Is it my responsibility to make BOA transfer or the new permittee Regardless I do not want to be the reason the permitting has not happened . best regards charlie ----------Original Message---------- r From: Jeremy Schmidt Date: May 7, 2014 1:24:11 PM Subject: Re: Jeremy's contact info To: Charles Mantooth <cwmantoothCa7verizon.net> Cc: Tom Lacy <tomsharonlacy@vahoo.com>, "fred.harris" <fred.harrisAcharter.net>, Susan Bolin <SKB49ta'0aol.com>, Edward Pinkham <edwardpinkhamCa gmail.com> No Charles I cannot. I believe Ed emailed you too, but considering the magnitude of this we cannot do a simple sign/turnover. I know that's not what you want to here, but we have to do what's right for the neighborhood -at -large. Jeremy Sent from my Phone On May 7, 2014, at 7:50 AM, Charles Mantooth cwmantoothe-verizon.net> wrote: Jeremy, are you available to meet today to conclude transfer ? I will be available all day charlie On 04/19/14, Jeremy Schmidtaeremy.schmidt04O2(&-gmail.com> wrote: Jeremy Schmidt (m) 414-333-5418 (h) 910-455-7768 a eremy.schmidt04020-cimail.com 2 PARKER & ASSOCIATES, INC. Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street + P.O. Box 976 Jacksonville, NC 28541-0976 910455-2414 + Fax: 910455-3441 Firm :,icense Number F -0108 TO: Ms, Linda Lewis NCDENR - Wilmington 127 Cardinal Drive Ext Wilmington, NC 28405 WE ARE SENDING YOU: LETTER OF TRANSMITTAL 0 aping Hori2 ilg 1 / DATE: April 30 2014 / REF: Cape Island Pool & Clubhouse Area Various Maps <5W YI Cvo 3113 One (1) copy of each of the following: Built Upon Area Estimates, Location Worksheet Map, Clubhouse Site Plan, an the original Building Plan for the Cape Island Clubhouse. DELIVERY VIA: 0 Regular Mail ❑ Hand ❑ Federal Express ❑ UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑ As Requested ❑ For Review and Comment © For Your Use ❑ For Bids Due ❑ Other MAY 01 201 COMMENTS: Copies To: Mr. Charles Mantooth (new map only) bab CF (P) BY r Barbara A. Becker Administrative Assistant (if enclosures are not as noted, kindly notify us at once) c 1.LOT.BAB.Lewis. CapeIsland.Maps.4.29.14 EMAIL ADDRESS: TEXT MESSAGES TO: naitext(i4bizec.rr com MAPS AND PLANS TO: Paidraft(albizec.rr.com ♦ ENVIRONMENTAL ENGINEERING ♦ STORMWATER, WATER & WASTEWATER SYSTEMS + FEASIBILITY & DEVELOPMENT CONSULTING ♦ GLOBAL POSITIONING SURVEYS 4 SUBDIVISION & CONSTRUCTION PLANS Lewis,Linda From: Lewis,Linda Sent: Tuesday, April 29, 2014 4:10 PM To: 'Parker & Associates, Inc.' Cc: 'Charles Mantooth' Subject: RE: Cape Island Pool and Clubhouse area BUA Attachments: 1997 03 buascan 960319.pdf John- Thank you. Mr. Mantooth- now that the clubhouse BUA amount is known, 8229 sf, you can subtract the permitted BUA of 4520, leaving a minimum of 3709 sf that you need to make up by taking it from somewhere else. You had previously indicated that it would come from the 10,000 sf assigned to the Ocean Access Park. If that is still your intent, please submit a plan revision request and an updated BUA allocation sheet, structured similarly to the one previously provided, which I have attached here. You would change the 3420 Clubhouse gravel parking area to 5698 sf (for ease of calculation, you could just round up to 5700) and you would add a new line item for the Pool Deck and Walk =1446 sf (or round up to 1450 sf ). The current 1100 sf of Clubhouse building can stay as is, since the as -built indicates that total is 1085 sf. Your new total clubhouse BUA allocation (with rounding) could be 8250, so you would need to borrow 3730 sf by reducing the Ocean Access Park allocation from 10000 down to 6,270 sf. This assumes of course, that the Ocean Access Park has no constructed BUA. If there is any BUA within that parcel, then that amount needs to be documented and subtracted from the 10000 before you take the 3730 sf you need to borrow from it. Linda From: Parker & Associates, Inc. fmailto:paitext0bizec.rr.com] Sent: Tuesday, April 29, 2014 3:27 PM To: Lewis,Linda Cc: 'Charles Mantooth' Subject: Cape Island Pool and Clubhouse area BUA Linda, Attached are the following: 1. Original building plan for Cape Island Clubhouse 2. 2-25-97 Clubhouse Site Plan 3. 11-23-05 Location Worksheet Map for Clubhouse and Pool area 4. Built Upon Area estimates dated 4-29-14 We found the 2005 worksheet in our file. The worksheet shows the parking area as was surveyed at that time. I recalled we did this work to add land to the clubhouse lot to include the pool. Note that this is a worksheet only. We created the BUA map over the Onslow County GIS image. The parking seems to fit very closely with the 2005 survey work. The total BUA is 8229 and reported on the right side of the drawing above the title block. We are mailing one hard copy of each of the above 4 drawings. Please let me know if additional hard copies are needed or if there are any questions. Charlie we will mail you the new map only. Thanks, John John W. Parker, President/ bab Parker & Associates, Inc. Engineers * Surveyors * Planners (910) 455-2414 Firm License Number - F-0108 www.parkerenizineerineandsurveying.com _te°nii.r It.", .4 LUB HOUSE AREA CAPE ISLAND SECTION 1 MB -35, PG 17 S 03*46\2CrE 11.83' —� (TIE LINE) / 1 CANAL \ \ 1 (TYPICAL) EKisting , IjNl,a4�Gravel Parking/ 1Comer ToBe Roast � N 341'54"E tioo 404 WETLANDS CAUTION PROSPECTIVE BUYERS ARE CAUTIONED THAT A PORTION OF THE LOT SHOWN ON THIS PLAT IS RESTRICTED IN USE BY THE JURISDICTION OF THE UNITED STATES ARMY CORPS OF ENGINEERS 404 WETLANDS REGULATIONS. INDIVIDUAL REVIEW IS ENCOURAGED. VERIFICATION RESTRICTIONS SHOULD BE MADE PRIOR \ a OF LOCATION AND TO LOT DEVELOPMENT. ESERVE B W R LaT \ —CAPE I ND— `pQ SEC ON 2 MB PG 1Z \ \ \\ I EXISTING 20' DRAINAGE \ & UTILITY EASEM�,N; \ 0 SER B R F, —CAPE AND — SEC 0 MB PG pai °Asa 00. ---OIPF ' S 2343'01" E 5.87' ISLAND DEVELOPMENT GROUP, LLC D.B. ]364, PG. ZU 1x of }Sb �w� g,�� E $ �� CAP ;��, Ti �' 11 Hedgero m ! jSER BL deeo4 C ISF � � 03. \ d) / z WETLANDS \ \ ISF \ VILLA CAPRIANI \ \ '-----PHASE-J-- \ D.B.QQB1 IT B" \ \ N 2847'58" W \ \ 33.94' IS 9 loye2�, 1g3Q6 5 y1� ACCESS, I / S g0 \ \ LANDSCAPING &MAINTAINANCE / " �3' EASEMENT D _ \ VILLA CAPRIANI HOA / / 41 TO ISLAND DEVELOPMENT \ \ GROUP. INC. \ \ MB 3ML PG Al 6 `p ///' i� 1. IRON STAKES SET AT ALL LOT CORNERS UNLESS O7HERWISE NOTED / 1 S OF SURVEY DATES. 2. ALL DISTANCES. ARE HORIZONTAL GROUND, UNLESS OTHERWISE NOTED. 3, ALL AREAS ARE CALCULATED BY COORDINATES. 4. FLOOD ZONE INFORMATION TAKEN FROM F.I.R.M. PANELS PRELIMINARY STUDY: DECEMBER 13. 1"6)& CFLOOD ZONES ARE2SH(NORTH OWN S OF PIA BEACH) (EFFECTIVE DATE AND nVE — ARE SUBJECT TO CHANGE. VERIFY PRIOR TO BUILDING. 5. THIS DEVELOPMENT IS LOCATED WITHIN AN AREA SUBJECT TO RESTRICTIONS BY THE COASTAL BARRIERS RESOURCES ACT (CBRA) AND IS NOT ENTITLED TO FEDERAL FLOOD INSURANCE ASSISTANCE. 6. PROPERTY LYING BEYOND STREETS RIG14TS—OF—WAY AND WITHIN BOUNDS OF SIGHT TRIANGLES SHALL REMAIN AS PROPERTY OF HOMEOWNERS, BUT SHALL HAVE NO TALL SHRUBBERY, BUILDINGS OR FENCES WHICH WILL RESTRICT DRIVERS VISION. Z14 r LEGEND IPF - IRON PIPE FOUND PKF - PK NAIL FOUND R/W - RIGHT-OF-WAY Oi - CURVE NUMBER PC - POINT OF CURVATURE PT - POINT OF TANGENCY PRC - POINT OF REVERSE CURVATURE - WETLANDS LINE ST - 10' 00' SIGHT TRIANGLE ISF IRON STAKE FOUND CPT - COMPUTED POINT ISS - IRON STAKE SET S 27'2428" E 23.41' s�s� 0 S 07'53'26" E . p0 3.74' (31.61'8T0""C") i i AC" / 10' N.C.D.O.T. EASEMENT Q�E / W VICINITY SKETCH NOT TO SCALE � T d;Iz 140, � IVE 443%E APR 2 9 1014 BY: = ACRES (BY COORDINATES) i/ FLOOD ZONE LINE 1 LOT u LO BMM Rly8DISK NAG RINAM 0I-ENT1DpOp JOB No; (TYPICAL) DEED REF. : PORTION OF D.B. 1384. PG. Zit D.B. UR& PG. 91 LOCATION WORKSHEET MAP M.B. JL PG. 21 INDIVIDUAL TRACT AT ENTRANCE TO CAPE ISLAND STUMP SOUND TWP., ONSLOW CO., NORTH CAROLINA C&M INVESTMENTS 3211 RIVERSIDE DRIVE DANVILLE, VIRGINIA 24541 (804)792-4000 DATE: 11 /23/05 GRAPHIC SCALE: 1"=4V 0 40 SCALE: 1 "=40' Parker & Associates, Inc. Consulting Engines= - Lend Surveyors - Land Planners P.O. Box i 45N1"51-OB76 Ph(90)-2414Fez (990 -841 O� Lewis,Linda From: Lewis,Linda Sent: Wednesday, March 26, 2014 8:51 AM To: Don Harte (daharte@charter.net) Subject: Notice of Inspection -Cape Island SWS 960319 Attachments: 2014 03 CEI_BIMS 960319.pdf, 2014 03 CEI_deficient 960319.docx Mr. Harte: Hello- it's been a few months since our meeting here in the Wilmington Regional Office on November 21, 2013. Since that time, the Division inspected the project for transfer to the Association. The inspection report was addressed to the permittee, Island Development Group, Inc., and copied to you at the address you provided at the November meeting, (28 Sailview Drive, North Topsail Beach, 28460). Unfortunately, your letter was returned on March 17, 2014 as undeliverable and unable to forward. I found your email address on the Scoping Meeting Signup Sheet and am sending you the documents in the hopes that you will receive them, acknowledge them and take care of business. I have attached the referenced letter and inspection report from March 5, 2014. If you have any questions, please let me know and I will assist you as best I can. If you are no longer the contact person for the Cape Island Homeowners Committee, please provide the new contact information. Thank you for your time. 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. North Carolina. Secretary of State Page 1 of 1 ;. Nor* Calms ► �r the AST' op DEPAMMEN1'F[E , _ F. Seer/ ECRETAR'Y oFSTATE Account Login Register Date: 3/4/2014 Click here to: View Document Filings I File an Annual Report I !] Print a pre -populated Annual Report Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC ISLAND DEVELOPMENT LEGAL GROUP, INC. Business Corporation Information SOSID: 0347992 Status: Dissolved Effective Date: 6/30/1994 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: Officers/Company Officials Stock LANIER, CHARLES S 114 OLD BRG ST JACKSONVILLE NC 28540 114 OLD BRG STREET JACKSONVILLE NC 28540 NO ADDRESS 908 4TH AVE CONWAY SC 29526 Class Shares No Par Value Par Value COMMON 100000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 2461 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4886735 3/4/2014 SIGN UP SHEET SCOPING MEETING ------------------------------------------------------------------------------------ C� a-5f �w4 � Cape Island Boat Slips 4"1_b4 Ila-fe N. Topsail Beach / _ 29 � jfw- j 4—. Onslow County _ i _ s - ..��_ _ ------------------------------------------------------------- ---------- ------------------------------------------------------- - - --- N 2 U November 21, 2013 Name Agency Phone Email ameron Weaver NCDENR-DEA 910-796-7303 Cameron.weaver@ncdenr.gov ✓Dave Timpy USACE 910-251-4634 David.L.Timyy@usace.army.mil Jessi Baker DCM 252-808-2808 Jessi.Baker@ncdenr.gov aria Dunn WRC 252-948-3916 Maria.Dunn@ncwildlife.ora ✓ Rhonda Hall DEMLR 910-796-7312 Rhonda.Hall@ncdenr.gov �%iinda Lewis -SW bsowt 910-796-7301 Linda.Lewis@ncdenr.gov, (Debbie Wilson DCM 910-796-7266 Debra.Wilson@ncd.enngov Shaun Simpson DCM 910-796-7226 Shaun.Simpson@ncdenr.gov Fritz Rohde NMF 252-838-0828 Fritz.Rohde@noaa.gov Jason Dail DCM 910-796-7221 Jason.Dail@ncdenr.gov ,- G Isla to 7 a rye,®bk d *By Conference Call NCDENR WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 North Carolina Secretary of State Page 1 of 1 EbboF iaiall DEPAITMENT of TIC Sealebry SECRETARY OF STATE Account Login Register Date: 11 /21 /2013 Click here to: View Document Filings PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC CAPE ISLAND HOMEOWNERS' COMMITTEE, LEGAL INC. Non -Profit Corporation Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Registered Agent Agent Name: Office Address: Mailing Address: Office Address: Mailing Address: 0701108 Current -Active 12/3/2003 DOMESTIC NC EVANS, MARK S 722 DOCK STREET WILMINGTON NC 28402 722 DOCK STREET WILMINGTON NC 28402 NO ADDRESS This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 2005 poll @ 00 2 � S� �iVi -ew /Jr• N . /ops2, &Cti 2yql&a http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=6163344 11/21/2013 SOSID: 701108 Date Filed: 12/3/20031:28:00 PM Elaine F. Marshall Prepared by: FRANK W. ERWIN, ATTORNEY North Carolina Secretary of State P. O. Box 7206 C200333000020 Jacksonville, NC 28540 ARTICLES OF INCORPORATION OF CAPE ISLAND HOMEOWNERS' COMMITTEE, INC. We, the undersigned natural persons of the age of eighteen years or more, acting as incorporators for the purpose of creating a nonprofit corporation under the laws of the State of North Carolina, as contained in Chapter 55A ofthe General Statutes ofNorth Carolina, entitled "Nonprofit Corporation Act", and the several amendments thereto, do hereby set forth: The name of the corporation is: CAPE ISLAND HOMEOWNERS' COMMITTEE, INC. 2. The period of duration of the corporation shall be: PERPETUAL. The purpose(s) for which the corporation is organized is/are: a) To provide maintenance of certain real property and improvements thereon to be owned by the Committee situated and lying and being in Onslow County, North Carolina, and more particularly described as CAPE ISLAND SUBDIVISION, and any other property which may be owned and controlled by the Committee from time to time. And further, to undertake the performance of the acts and duties incident to the maintenance, improvement, architectural control and management of said real property with any improvements thereon in accordance with the terms, provisions, conditions and authorizations contained in these Articles of Incorporation as may be necessary or convenient in the administration of the operation thereof. (b) To make, establish and enforce reasonable rules and regulations governing the use of the Common Elements, land. and other real and nersonal nronertv which may be owned by the Committee itself; (c) To make, levy and collect assessments against owners in the subdivision; to provide the funds to pay for common expenses of the Committee as provided in the Declaration and to use and expend the proceeds of assessments in the exercise of the powers and duties of the Committee; to use said assessments to promote the recreation, acquisition, improvement and maintenance of the Common Area, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof, the maintenance of insurance in accordance with the Bylaws, including the ernploynlent of attorneys to represent the Committee when necessary for such other needs as may arise; (d) To maintain, repair, replace and operate the properties for which the Committee is responsible; ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 925 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 29540 (e) To enforce by any legal means, the provisions of the Declaration, the Bylaws of the Committee, and the rules and regulations for the use of the Committee property; (f) To contract for the management of the recreational property and to delegate to such manager or managers all powers and duties of the Committee except those powers and duties which are specifically required to have approval of the Executive Board or the membership of the Committee; (g) To have all of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration and in N.C.G.S. 47f-3-101, et seq. and all powers reasonably necessary to implement the purposes of the Committee. 4. The Corporation shall have members as provided by the By-laws 5. The street address and county of the principal office of the corporation is: 722 Dock Street, Wilmington, New Hanover County, NC 28402. 6. The street address, county, city, state and zip code of the initial registered office of the corporation is: 722 Dock Street, Wilmington, New Hanover County, NC 28402. 7. The name of the initial registered agent of the corporation at the above address is: MARK S. EVANS. 8. The number of directors constituting the initial Board of Directors shall be three (3), and the names and addresses (including street and number) of the persons who are to serve as directors until the first meeting of the corporation or until their successors are elected and qualified are: MARK S. EVANS 722 Dock Street P. O. Box 2293 Wilmington, NC 28402 FRANK W. ERWIN 825 Gum Branch Road, Suite 115 P. O. Box 7206 Jacksonville, NC 28540 JOSEPH R. MCGUIRE, JR. 785 New River Inlet Road North Topsail Beach, NC 28460 9. The name and address (including street and number) ofthe incorporator(s) is/are: (Only one incorporator is required) FRANK W. ERWIN, 825 Gum Branch Road, Suite 115, Jacksonville, Onslow County, NC 28540. ERWIN, SIMPSON & STR©UD Attorneys, P.l..L.C. - Telephone: (410) 455-1800 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 -2- 10. Any other provisions which the corporation elects to include are as follows: (a) The Corporation shall have all the powers granted non-profit corporations under the laws of the State of North Carolina. Notwithstanding any other provision of these Articles, this Corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. This Corporation shall not cant' on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law. It is further provided that no distributions of income of the Corporation are to be made to members, directors or officers of the corporation; provided, however, that members ofthe Corporation may receive a rebate of any excess dues and assessments previously paid. (b) In the event of the dissolution of the corporation or the winding up of its affairs or the liquidation of its assets, the corporation's property shall not be conveyed to any organization created or operated for profit or to any individual for less than the fair market value of such property, and all assets remaining after the payment of the corporation's debts shall be conveyed or distributed only to an organization or organizations created and operated for nonprofit purposes similar to those of this corporation. (c) The corporation shall indemnify all directors, officers, employees and agents against liability and expenses in any proceeding (including without limitation, a proceeding brought by or on behalf of the corporation itself) arising out of their status as such or their activities in any of the foregoing capacities. The corporation shall also, and to the same extent, indemnify any person, who at the request of the corporation is or was serving as a director, officer, partner, trustee, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise or as a trustee or administration under an employee benefit plan. Such persons shall be entitled to recovery from the corporation of reasonable costs, expenses, and attorneys fees in connection with the enforcement of rights to indemnification ted herein, pursuant to NCGS 5 5A- 8-50 et seq. L IN WITNESS WHEREOF, I have hereunto set m hand and seal iS.10 "y day of NOVEMBER, 2003. ^ FRANK W. EIFIN. MCORPORATOR DATAIHOAIARTINC-HOA(043098)REV01260010329W,050703 DATAICUENIM VANSMARKICAPEISIANDHOCINC,ARTINC-HOA(110603) 010202CV E1@WIN, SIMPSON & S'! ROUD Attorneys, P.L.L.C. -Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, P. O. Box 7206, Jacksonville, NC 28540 -3- 'T. 20' 99 (WED) 16 : 12 ■ DEHNR COSTAL MGMT r TEL:919 733 1495 Post-W Fax Note 7671 Da1e war- IN. TO ` From Ca epL co. c� Phone x Phone x Fax N Fat October 20,1999 MEMORANDUM TO: Linda Lewis FROM: Alice Wilson Division of Coastal Management/Raleigh SUBJECT: Stormwater Recommendations We need your starm ater recommendations €or_The follnwingarnaects: 1) Cape Island Community Dock (Island Dev. Group) -- Onslow Co, Thank youl ! P. 001