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SW8040740_HISTORICAL FILE_20211229
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 o%40-1`4O DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 021 12.29 YYYYMMDD Burd, Tina J From: Burd, Tina 1 Sent: Tuesday, December 21, 2021 8:15 AM To: fzarate@fratelly.com Subject: SWS O40740 - Riverside Drive The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on December 20, 2021. The project has been assigned to Ashley Smith and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Emafl coaespondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Website: htta://deg.nc.eov/about/divisions/energy-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COViD-tq, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQQoffice locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. Non -Transfer Application Completeness Review Checklist Project Name: OCCAN1 CW4 6"g-r&3 zICVee5ffbz—PAtiv . Project County/Location: _t5V0b ultUL SJaStr-IMACI-` Permit Action: New New Permit #': ❑Not located in the ETJ of the following delegated and functioning programs: Date Delivered to WIRO: JZ&D /i.Oi/ BIMS Received/Accepted Date: I z 24 Date Given to Admin: ,iy{ r; BIMS.Acknowledged Date=-)—� NHC: Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach Bruns: Leland / Navassa (?) / Oak Island Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City /� Major Mod / Minor Mod Renewal ❑Existing Permk #: ZI4-& 0707lb ❑Applicant & Permittee are the same? Expiration Date`: 5 /JLL-htc-" PermitType: HD D / LD Overall / HD &LD Combo �r- General Permit ' e / Exempt + Redevelopment ❑Offsite toSW8: s� Development Type: Commerci / Reside her ❑Is Offsite Lot approved in. Master Permit?s Subdivided?: Su division o Ingle Lot I: 2017 Coastal 2008 Coastal 2]1995 Coastal ❑Phase ll ❑Universal ❑1988 Coastal Permittee Type & Documents Needed: Property Owner(s) ❑Purchaser I ❑Lessee ❑HOA QDeveloper QViable? ❑Viable? ❑Viable? [:]Viable? QViable? ARmt Paperwork Fee: �$505 (within 6mo/ Check#(s): e- /� ❑No Fee Supplement (1 new form or for older forms: 1 original per SCM) F❑O&M3 ❑Soils Report(infil or PP) ❑Calculations (signed/sealed) ❑Deed Restrictions,'' If subdivided' ❑Project. Narrative ]USGSMap (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N ❑Plans (2 Sets) NOTES: LEnter BIMS Acknowledged Date on this Sheet 2For New Projects -Enter New Permit # on Supplements& Deed Restriction Templates. 3 If permittee is different, STOP. Needs to be transferred first, °If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first. 'If Lot not approved in master permit, STOP. Master permit needs mod LED ENGINEER DATE: REVIEWER NAME: Comments: Minutes G:WQ\\\Reference Library\Pmcedures\Checklists\CompletenessReview Checklist 20210908 Edmonds, Jessica From: Hall, Christine Sent: Tuesday, November 30, 2021 11:52 AM To: Zachary Roman; Edmonds, Jessica Cc: carolinacraftsman@atmc.net; steveanda@protonmail.com; Rachel Norton; Michael Norton; Alex Lapinsky; Wendy Pittman; Sams, Dan Subject: RE: [External] RE: Request for additional info (804 Riverside Drive Residential Home -Site - SW8 210820) / Request for Renewal (Ocean Club Estates Subdivision - SW8 040740) Zachary, I understand the individual lot owner is interested in obtaining their permit, however, the residential subdivision permit is not set up for this type of layered approach. The permittee for these residential subdivision developments are responsible for the conditions of their permit and ensuring the project remains in compliance with their approved plans and specifications, which includes the limitation and construction of built -upon area. Any changes from the approved plans and specifications, including the use of #57 stone, should be coordinated with the permittee so that the appropriate permitting action is submitted and documented. Instead of continuing to process the new application, the simplest for all would be for the permittee of SW8040740 to submit the minor modification to add the option of #57 stone to the overall residential development. However, if that is not acceptable, then a minor modification to that overall residential development would be needed to create the layered permitting that has been presented and to avoid putting the overall permit out of compliance. A renewal would be required before any minor modification to SW8 040740 can be accepted. Please advise how you'd like to proceed. Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwaler Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall(&ncdenr.00v Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 w Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Zachary Roman [mailto:zachary.roman@mcgillassociates.com] Sent: Monday, November 29, 2021 8:07 AM To: Edmonds, Jessica <jessica.edmonds@ncdenr.gov> Cc: carolinacraftsman@atmc.net; steveanda@protonmail.com; Rachel Norton <designwithccinc@gmail.com>; Hall, Christine <Christine.Hall@ncdenr.gov>; Michael Norton <michael.norton@mcgillassociates.com>; Alex Lapinsky <alex.lapinsky@mcgillassociates.com>; Wendy Pittman<wendy.pittman@mcgillassociates.com> Subject: [External] RE: Request for additional info (804 Riverside Drive Residential Home -Site - SW8 210820) / Request for Renewal (Ocean Club Estates Subdivision - SW8 040740) CAUTION: External email. Do not click links or open attachments unless,you verify: Send all suspicious email as an attachment to I�Report.Sjp4m.• Good morning Jessie! The applicant for the permit application below is still wanting an individual permit for the project. Can you please let me know if there are any comments relating to the submittal for an individual stormwater management permit? If there are not any can you please issue a stormwater management permit for the project as submitted. We will share the input you've provided about the overall permit modification but the applicant for this submittal (and our client) is not the holder of the overall master permit. Please give me a call you would like to discuss. Thanks! Zachary Roman, P.E. Project Engineer McGill Associates, PA 712 Village Road SW, Suite 103, Shallotte, NC 28470 T 910.755.5872 C 804.690.3632 zacharv. roman la')mca illassociates.com mcgiIlassociates.com From: Edmonds, Jessica <jessica.edmonds@ncdenr.eov> Sent: Tuesday, November 23, 2021 5:25 PM To: carolinacraftsman@atmc.net; steveanda@protonmail.com; Zachary Roman <zachary.roman@mcaillassociates.com>; Wendy Pittman<wendy.pittman@mcaillassociates.com> Cc: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Request for additional info (804 Riverside Drive Residential Home -Site - SW8 210820) / Request for Renewal (Ocean Club Estates Subdivision - SW8 040740) All, Attached is a pdf of the request for additional information/request for renewal for the subject projects. Please let me know if you have any questions or concerns. Thanks! Jessica Edmonds, El Environmental Engineer Division of Energy, Mineral, and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7344 Email: iessica.edmondsnc ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 Edmonds, Jessica From: Rachel Norton <designwithccinc@gmail.com> Sent: Friday, September 24, 2021 10:52 AM To: Zorda, Garrett D Cc: reid.watson@icloud.com; Weaver, Cameron; Jessica M Edmonds; Hall, Christine Subject: Re: [External] CAMA Applications - Riverside Drive Subdivision (SW8 040740) CAtJT1ON: Extema_I email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to iReoort Spam. - Hi Garrett, I just spoke with the association and I am going to give them this form and see what we can work out! Thank you so much for your time and help with this matter. On Fri, Sep 24, 2021 at 9:16 AM Zorda, Garrett D <garrett.zorda@ncdenr.gov> wrote: Good Morning Ms. Norton, I am happy to clear that up for you. Both options listed in my previous email are acceptable. With that said, option #1 is recommended because it has the potential to cover all of the lots in the subdivision, depending on how the permittee modifies the permit, and also reduces the number of permits a site has. Option #1 would result in just a single permit whereas Option #2 would result in many permits for each lot that wants to utilize #57 stone as a permeable surface. As mentioned in my previous email, the modification required for option #1 would need to be submitted by the current permittee for SW8 040740, Sunset Beach Holdings II, LLC. If adding the option for #57 is the only modification proposed to that permit, it can likely be submitted as a Minor Modification. The Minor Modification form can be found on the Division website here. The permittee and their consultant would likely be the best people to discuss this option and how to move forward. Please let me know if you have any additional questions. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — Stale Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct —Please note the change to my direct phone number' garrett.zorda@ ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rachel Norton <desienwithccinc@gmail.com> Sent: Thursday, September 23, 20212:36 PM To: Zorda, Garrett D <Rarrett.zorda(ancdenr.eov> Cc: reid.watson@icloud.com; Weaver, Cameron <cameron.weaver(CDncdenr.eov>; Jessica M Edmonds <iessica.edmonds@ncdenr.eov>; Hall, Christine <Christine.HallCclncdenr.aov> Subject: Re: [External] CAMA Applications - Riverside Drive Subdivision (SW8 040740) ;CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to [Report Spam. Good Afternoon, I have been applying for the CAMA permits for the contracts that we have for our business. The major one would be 804 Riverside Drive. I have been confused about the BUA since I was informed that the driveway counted as impervious. In a meeting I mentioned these things to Mr. Watson so he could understand that we have had confusion with our CAMA permits. I wanted to inform him that it might be a longer process than expected due to the confusion with 804 Riverside Drive. With that being said, do I need to contact Sunset Beach Holdings and request they complete option 1? Also, where is this application package located? I would like to review both options and see which one is the quickest and best option for our clients. I would love to get things cleared up so we don't wait another 3 months to get things cleared up or receive the correct information. During my search all I saw was an exemption for the stone and nothing about the 2 options listed above. Please let me know who I need to contact for option 1. 1 appreciate the clarification in this email and things should run smoother from here on out. Thanks On Thu, Sep 23, 2021 at 2:15 PM Zorda, Garrett D <garrett.zorda@ncdenr.gov> wrote: Good Afternoon All, We have received a few inquiries regarding the use of #57 stone laid 4" thick of geotextile fabric as a pervious surface for projects on Riverside Drive. With that said, I am attempting to include everyone in this email in an effort to ensure that a correct and wholistic answer is provided to everyone. To start, #57 laid at least 4" thick over geotextile fabric is not considered built -upon area (BUA) (NCGS 143-214.7(b2)) and would therefore not count against a lots' maximum BUA allocation if properly documented. Other types of gravel, however, such as ABC stone, would count as BUA. As such, any #57 laid at least 4" thick over geotextile fabric used as a pervious surface in any project must be documented in the permit. For individual lots within a permitted subdivision, there are a couple of ways to move forward with documenting the use of #57 laid at least 4" thick over geotextile fabric. These options include: 1.Modify the subdivision permit to include the use of #57 laid at least 4" thick over geotextile fabric as a pervious surface: With this option, the permit can be modified to include #57 laid at least 4" thick over geotextile fabric as an option for all lots to utilize orjust for use on a single lot. Either way, this would require the permittee to submit the appropriate application package to include the use of #57 laid at least 4" thick over geotextile fabric. For example, in the case of Riverside Drive Subdivision (SW8 040740), Sunset Beach Holdings 11, LLC, as the current permittee, would need to submit the appropriate modification to the permit to allow the use of #57 laid at least 4" thick over geotextile fabric. The added benefit of this option is that it reduces the overall number of permits within a subdivision that would need to be managed. 2.Each individual homeowner who wishes to utilize #57 laid at least 4" thick over geotextile fabric as a pervious surface on their lot applies for their own permit: This option is for cases where the permittee for the subdivision either does not want to or will not modify the permit to include the use of #57 laid at least 4" thick over geotextile fabric for the entire subdivision or on a specific lot. In this case, the individual homeowner would then need to apply for, receive approval and be responsible for a separate permit that documents the use of #57 laid at least 4" thick over geotextile fabric as a pervious surface on their individual lot. The application for 804 Riverside Drive (SW8 210820), which was assigned to Jessica Edmonds (copied on this email), appears to be pursuing option #2 listed above for the use of #57 laid at least 4" thick over geotextile fabric as a pervious surface in order to remain under the 2,250 square foot BUA limit per lot allocated by permit no. SW8 040740. This individual application has not yet been reviewed, as applications must be reviewed in order of receipt, however, with the number of questions we have received regarding lot development within this subdivision, was option #1 above considered/discussed with the permittee of SW8 040740? As mentioned above, option #1 has the added benefit of reducing the overall number of permits within a subdivision, but that decision is ultimately up to the permittee. Hopefully the above information clears up any confusion regarding #57 laid at least 4" thick over geotextile fabric as a pervious surface and provides some useful information for moving forward. If you have any additional questions or concerns, however, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number" g a rrrett. z o rd a Cg7 n cd e n r.g o v 127 Cardinal Drive Ext. Wilmington, NC 28405 Zorda, Garrett D From: Zorda, Garrett D Sent: Thursday, September 23, 2021 2:15 PM To: designwithccinc@gmail.com; reid.watson@icloud.com; Weaver, Cameron Cc: Jessica M Edmonds; Christine Hall (Christine.Hall@ncdenr.gov) Subject: RE: [External] CAMA Applications - Riverside Drive Subdivision (SW8 040740) Good Afternoon All, We have received a few inquiries regarding the use of #57 stone laid 4" thick of geotextile fabric as a pervious surface for projects on Riverside Drive. With that said, I am attempting to include everyone in this email in an effort to ensure that a correct and wholistic answer is provided to everyone. To start, #57 laid at least 4" thick over geotextile fabric is not considered built -upon area (BUA) (NCGS 143-214.7(b2)) and would therefore not count against a lots' maximum BUA allocation if properly documented. Other types of gravel, however, such as ABC stone, would count as BUA. As such, any #57 laid at least 4" thick over geotextile fabric used as a pervious surface in any project must be documented in the permit. For individual lots within a permitted subdivision, there are a couple of ways to move forward with documenting the use of #57 laid at least 4" thick over geotextile fabric. These options include: 1. Modifv the subdivision permit to include the use of #57 laid at least 4" thick over geotextile fabric aservious surface: With this option, the permit can be modified to include #57 laid at least 4" thick over geotextile fabric as an option for all lots to utilize or just for use on a single lot. Either way, this would require the permittee to submit the appropriate application package to include the use of #57 laid at least 4" thick over geotextile fabric. For example, in the case of Riverside Drive Subdivision (SW8 040740), Sunset Beach Holdings II, LLC, as the current permittee, would need to submit the appropriate modification to the permit to allow the use of #57 laid at least 4" thick over geotextile fabric. The added benefit of this option is that it reduces the overall number of permits within a subdivision that would need to be managed. 2. Each individual homeowner who wishes to utilize #57 laid at least 4" thick over geotextile fabric as a pervious surface on their lot applies for their own permit: This option is for cases where the permittee for the subdivision either does not want to or will not modify the permit to include the use of #57 laid at least 4" thick over geotextile fabric for the entire subdivision or on a specific lot. In this case, the individual homeowner would then need to apply for, receive approval and be responsible for a separate permit that documents the use of #57 laid at least 4" thick over geotextile fabric as a pervious surface on their individual lot. The application for 804 Riverside Drive (SW8 210820), which was assigned to Jessica Edmonds (copied on this email), appears to be pursuing option #2 listed above for the use of #57 laid at least 4" thick over geotextile fabric as a pervious surface in order to remain under the 2,250 square foot BUA limit per lot allocated by permit no. SW8 040740. This individual application has not yet been reviewed, as applications must be reviewed in order of receipt, however, with the number of questions we have received regarding lot development within this subdivision, was option #1 above considered/discussed with the permittee of SW8 040740? As mentioned above, option #1 has the added benefit of reducing the overall number of permits within a subdivision, but that decision is ultimately up to the permittee. Hopefully the above information clears up any confusion regarding #57 laid at least 4" thick over geotextile fabric as a pervious surface and provides some useful information for moving forward. If you have any additional questions or concerns, however, please let me know. Thanks, Garrett Zorda 0 PH w A2 -is ocA-,3Q4e6 a �k- ewa i 1 fivm C, fl-sh(v, W D�t Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number" garrett.zorda ccDncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Cameron <cameron.weaver@ncdenr.gov> Sent: Thursday, September 23, 202112:05 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: FW: [External] LAMA Applications Still not sure we are discussing the same project. Take a look at this and let me know your thoughts. Cameron Weaver Environmental Assistance Coordinator DEACS-DEQ Wilmington Regional Office 127 Cardinal Drive Wilmington NC 28405 Cameron. Weaver@ncdenr.gov Direct: 910-796-7265 DEQ: 910-796-7215 From: Rachel Norton <desienwithccinc@gmail.com> Sent: Thursday, September 23, 2021 11:46 AM To: Weaver, Cameron <cameron.weaver@ncdenr.eov> Subject: [External] CAMA Applications Hi Cameron, Mr. Watson informed me about your email correspondence here recently. I thought I would reach out in hopes to have a better understanding of a couple of things. In June I mailed out a CAMA permit application for a new build on Riverside Drive. SB 21-14 is the permit number on the top of my application form. My question to you is involving #57 stone that is set on geotextile fabric. I am very confused. On our stormwater plan that was mailed to 127 Cardinal Or Ext. I was informed that this type of stone is considered impervious surface and that would need to be in our built upon area calculations. My understanding is that type of stone is pervious surface and is exempt from being included in the built upon area calculations. From my correspondences with NCDEQ our project exceeds the total built upon area when the driveway is included in those calculations. The house itself with concrete underneath does not exceed that 30%. But from my conversations with NCDEQ an item that is excluded from the built upon area must be added. I have found several online sources including one from the Sunset Beach page tellingme that it is to be excluded. Another is the link that was sent to Mr. Watson. However, I have not found anything that tells me that it is included. I would like to know how I can move forward with this permit application and what I need to do for future applications. Thank you. Feel free to send me an email back or give me a call if you have any questions or need additional information from me. Rachel Norton Carolina Craftsman INC Kitchen Design Tech. Cell 910.612.9018 Office 910.842.6413 ROY COOPER Governor ELIZABETH S. BISEP seenerary BRIAN WRENN Dft c r November 23, 2021 Via email only: carolinacraRsman awme.net Carolina Craftsman, Inc, Home -Site Developer Attn: Robert Norton, President 3172 Holden Beach Road, Suite 2 Supply, NC 28462 AND NORTH CAROLINA ravlro nml Quaaty Via email only: steveandanuvrotonmaUxom Steven J and Aileen T Williamson, Current Lot Owner 7168 Bonaventure St SW Ocean Isle Beach, NC 28469 AND Via email o : n/a Sunset Beac Holdings ❑, LLC, permittee of SW8040740 Zailant, LLC, Manager JaneDean, LLC, Manager Attn: Francisco Zarate, Manager 2421 Bowland Parkway, Suite 104 Virginia Beach. VA 23454-5200 Subject: Request for Additional Information / Stormwater Project No. SW8 210820 / 804 Riverside Drive Residential Home -Site (a part of Ocean Club Estates Subdivision (formerly Riverside Drive Subdivision)) Request for Renewal / Stormwater Project No. SW8 040740 / Ocean Club Estates Subdivision (formerly Riverside Drive Subdivision) Brunswick County Dear Mr. Norton, Mr. & Mrs. Williamson, and Mr. Zarate: Request for Additional Information — SW8 210820 The Wilmington Regional Office received and accepted a State Stormwater Management Permit Applicationfor the subjectproject on August 27, 2021. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the. following additional information in a single, hard coov submittal package: Permit No. SW8 040740, Permit Condition 11.11: Any change to the approved plans or specifications, including the option to use #57 stone, requires a modification to the overall permit. As mentioned via email on September 23, 2021, the preferred option is to modify the subdivision permit to include language allowing the use of #57 stone laid at least 4" thick over geotextile fabric as a pervious surface. This option is recommended because it could then be used for any lot, it reduces the number of permits within this subdivision, and avoids the need for individual homeowners to transfer their permits upon the sale of their lot (avoiding the $505 transfer fee and associated processing time). If adding the. option for #57 stone is the only modification proposed to that permit, it can be submitted as a Minor Modification (no fee associated) to include the applicable permit condition. The Minor Modification form can be found on the Division website here. If this option is acceptable to all parties, this application can be withdrawn and the Minor Modification can be submitted. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). � �� North Carolina Department of Environmental Quality I Dtv6lon of Energy. Mineral and Land Resources _ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �� 910.796.7215 State Stormwater Permit No. SW8 210840 /State Stormwater Permit No. SW8 040740 Page 2 of 2 Request for Renewal: State Stormwater Management Permit #SW8 040740 expired on May 16, 2021. This is a reminder that Permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3). North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post -Construction state stormwater program can be found on the following website: deq.nay-ov/SW. Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post -Construction section of this website or at: All of the requested information listed above should be received in this Office by January 5, 2022, or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re -submit later; you will need to resubmit all required items at that time, including the application fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me atjessi,ca.edmonds@ncdenr.gov. Sincerely,Si %Wat&~Nd4 Jessie Edmonds Environmental Engineer DESfjme: %Stormwater\Pemiits & Projects\2021\210820 Offsitc\2021 11 addinfo 210820 \\\Stonnwater\Permits & Pmjects\2004\040740 HD\2021 11 ret_ren 040740 cc: Zachary Roman, PE; McGill Associates; via email: Zachary•.roman@mcgillassociates.com Wilmington Regional Office Stormwater File E North Carolina Department of Environmental Qualty I DtYWon of Energy. 6UmM and Land Reno u Wilmhgton Regional Office 1 127 CardInal Drive Extmslon I Wlbningwm North Carolh a 28405 ^� 910.7%.7215 Edmonds, Jessica From: Edmonds, Jessica Sent: Tuesday, November 23, 2021 5:25 PM To: carolinacraftsman@atmc.net; steveanda@protonmail.com; Zachary Roman; wendy.pittman@mcgillassociates.com Cc: Hall, Christine Subject: Request for additional info (804 Riverside Drive Residential Home -Site - SW8 210820) / Request for Renewal (Ocean Club Estates Subdivision - SW8 040740) Attachments: 2021 11 addinfo 210820 req_ren 040740.pdf All, Attached is a pdf of the request for additional information/request for renewal for the subject projects. Please let me know if you have any questions or concerns. Thanks! Jessica Edmonds, El Environmental Engineer Division of Energy, Mineral, and Land Resources - State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7344 Email: iessica.edmondsCa)ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 D _� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Edmonds, Jessica From: Hall, Christine Sent: Thursday, September 30, 2021 3:39 PM To: MacPherson, Tara Cc: Zorda, Garrett D; Jessica M Edmonds Subject: FW: [External] Re: 1212 Riverside Drive - SW8040740 Attachments: 1212 Riverside Drive SSB Site Plan 9.29.21.pdf; RE: [External] CAMA Applications - Riverside Drive Subdivision (SW8 040740) Hi Tara, Per G.S. 143-214.7(b2), stormwater does not consider #57 stone lain 4" thick over a geotextile fabric to be impervious. Both Garrett and Jessie have been fielding questions and applications about this development. I have cc'ed them and attached the latest correspondence that Garrett has sent. If you have more questions, let Garrett or I know! Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall(&ncdenr.gov Address: 127 Cardinal Drive Ed. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: MacPherson, Tara Sent: Thursday, September 30, 2021 11:05 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: RE: [External] Re: 1212 Riverside Drive Good Morning, Could you please look at the attached drawing? The calculations indicate the total impervious within both AECs is 2,558 sq. ft., but the total BUA allowed for the lot under State Stormwater plan is 2,250. Does stormwater consider the 57 stone driveway area as impervious? We do and that may be the difference. Thanks! Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tars. macpherson(5ncdenr.00v 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rachel Norton[mailto:designwithccinc@gmail.coml Sent: Wednesday, September 29, 20213:05 PM To: MacPherson, Tara <tara.macpherson@ncdenr.Rov> Subject: [External] Re: 1212 Riverside Drive CAUTION t_ mal eina8s Do not dick links 'Oro pen attachments unless you. verify.; Send all sinpiciokis email as an attakikmeM to Reuort<SDam- Hi Tara, Attached is the driveway information. Please let me know if there is anything else that you need from me. Thanks On Mon, Sep 27, 2021 at 10:03 AM MacPherson, Tara <tara.macphersonamcderingov> wrote: Thank you for the updated information. Can you please identify a driveway area so we can complete the calculations for impervious coverage? A driven on compacted area would be considered impervious. Updated calculations with that shown should complete the application. Thank you. Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara. macpherson (a)ncden r. gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: MacPherson, Tara Sent: Wednesday, September 22, 2021 10:07 AM To: Rachel Norton <desianwithccinckgmail.com> Cc: Brock, Brendan O <brendan.brock q.ncdenr.gov> Subject: 1212 Riverside Drive Good Morning, DCM is in receipt of the CAMA Minor Permit application for 1212 Riverside Drive. The application is incomplete at this time. Please submit the following for a complete application. Please submit a signed application 2. Riverside Drive is subject to State Stormwater and the BUA limit is 2,250 sq. ft. Please update the application form. DCM will verify the site plan and will let you know if additional information is needed. Thank you, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara. macoherson(o)ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Rachel Norton Carolina Craftsman INC Kitchen Design Tech. Cell 910.612.9018 Office 910.842.6413 Jessica M Edmonds From: Jessica M Edmonds Sent: Wednesday, September 22, 2021 3:31 PM To: reid.watson@icloud.com Cc: Brock, Brendan O; Weaver, Cameron Subject: RE: [External] Impervious area allowed inside CAMA boundary Attachments: 2015 09 permit 040740.pdf Mr. Watson, I have attached an unsigned PDF copy of the State Stormwater permit for Ocean Club Estates Subdivision (SW8 040740). Permit conditions 1.2 and 11.6 both discuss the 2,250 square foot maximum built upon area allocation for each lot. Another resource you may find helpful is the NCDEQStormwater Design Manual, particularly chapters A-4 Built -Upon Area and E-2 Single Family Homes with BUA. Please let me know if you have any questions. https://deq. nc.gov/a bout/divisions/energy-m i nera I -and -la nd-resources/stormwater/stormwate r-program/sto rmwater- design Please coordinate with CAMA to understand any CAMA related implications to your inquiry. Thanks, Jessica Edmonds, El Environmental Engineer Division of Energy, Mineral, and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7344 Email: jessica.edmonds@ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Weaver, Cameron <cameron.weaver@ncdenr.gov> Sent: Wednesday, September 22, 2021 1:38 PM To: Jessica M Edmonds <jessica.edmonds@ncdenr.gov> Cc: Brock, Brendan 0 <brendan.brock@ncdenr.gov>; reid.watson@icloud.com Subject: FW: [External] Impervious area allowed inside CAMA boundary Hi Jessie. W Mr. Watson contacted me about the question below. They are within Ocean Club Estates Subdivision permit area, which is an expired permit SW8040740, so they appear to be pursuing a separate permit in review with you (SW8 210820). 1 have Brendan Brock with DCM copied as well to ensure that there are not DCM permitting issues as well. Let me know how I may assist. Cameron Cameron Weaver Environmental Assistance Coordinator DEACS-DEQ Wilmington Regional Office 127 Cardinal Drive Wilmington NC 28405 Cameron.Weaver@ncdenr.gov Direct: 910-796-7265 DEQ: 910-796-7215 --Original Message — From: wr watson <reid.watson@icloud.com> Sent: Wednesday, September 22, 2021 12:51 PM To: Weaver, Cameron <cameron.weaver@ncdenr.gov> Cc: Brock, Brendan O <brendan.brock@ncdenr.gov> Subject: Re: [External] Impervious area allowed inside CAMA boundary CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Thank you so much Cameron. We are building in the Sunset Beach subdivision called Ocean Club that's located on a private road named Riverside Drive. And I misspoke earlier - the 200 square feet allowance is pervious, not impervious, surface area inside the CAMA limit. > On Sep 22, 2021, at 12:40 PM, Weaver, Cameron <cameron.weaver@ncdenr.gov> wrote: > Mr. Watson: > What subdivision are you in? Likely, your covenants cover what you can build. Sunset Beach Building Inspections should also be able to help you. Open slatted decking is not considered to be impervious BUA. By copy of this reply, I am also referring you to Brendan Brock with DCM in case there are CAMA Rules that would affect your proposal. > Cameron > Cameron Weaver > Environmental Assistance Coordinator > DEACS-DEQ Wilmington Regional Office > 127 Cardinal Drive > Wilmington NC 28405 > Cameron.Weaver@ncdenr.gov > Direct: 910-796-7265 > DEQ: 910-796-7215 > -----Original Message----- > From: wr watson <reid.watson@icloud.com> > Sent: Wednesday, September 22, 2021 12:00 PM > To: Weaver, Cameron <cameron.weaver@ncdenr.gov> > Subject: [External] Impervious area allowed inside CAMA boundary > CAUTION: External email. Do not click links or open attachments unless > you verify. Send all suspicious email as an attachment to Report > Spam.<mailto:report.spam@nc.gov> > Dear Madam or Sir: > Please advise or point me to the appropriate guideline to define the allowable square footage of impervious space for a single residential house in the city of Sunset Beach. I believe one is allowed up to 200 square feet for decks etc but was told by contractors that exterior stairs are exempt and do not figure in to the 200 square feet. > Your resolution to this item is greatly appreciated and I thank you in advance for your prompt response. > Best regards, > Reid Watson Zorda, Garrett D From: Sent: To: Subject: Attachments: Good Afternoon Mr. Cantoni, Zorda, Garrett D Thursday, September 16, 2021 3:56 PM Joe Cantoni Riverside Drive Subdivision (SW8 040740) 2015 09 permit 040740.pdf It was a pleasure speaking with you this afternoon. As discussed, I am following up our call with this email to provide an unsigned pdf copy of the permit for the subject subdivision, which is attached. Permit Conditions 1.2 and 11.6 both discuss the 2,250 square foot maximum built upon area allocation for each lot. Another resource you may find helpful is the NCDEQ Stormwater Design Manual, which is available on the Division website here. Some chapters you may find particularly helpful are Chapter A-4. Built -Upon Area and Chapter E-2. Single Family Homes with BUA Limits. Hopefully the above information proves helpful. If you have any additional questions, however, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number' ga rrett.zordao ncden r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 DiEiQ-��'O `, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Joe Cantoni <jpndcantoni2@yahoo.com> Sent: Thursday, September 16, 20213:19 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: [External] plot plans t Hi Garret: Thank you for getting back to me. As you see, I have attached three(3) plot plans. 1) Lot 32 - Our house 2) Lot 31 - Lee Helms - his home is immediately adjacent to us 2) Lot 30 - Larry and Debbie Zborowski - two lots to the west of us Could use your help understanding the state permitting requirement of 2250 sq. ft. BUA. The table below shows the relevant impervious surface coverage for each home. Joe Cantoni 910-393-7936 Zorda, Garrett D From: Zorda, Garrett D Sent: Wednesday, September 15, 2021 1:33 PM To: MacPherson, Tara Cc: Christine Hall (Christine.Hall@ncdenr.gov) Subject RE: State Stormwater BUA limit (SW8 040740) Attachments: Joseph & Paula Cantoni plot plan.pdf Good Afternoon Tara, I have pulled the file for Ocean Club Estates (SW8 040740) in order to determine if Riverside Drive is included in the overall permit or if it must be included in the lot built upon area (BUA). My review of the file found that the BUA for Riverside Road is accounted for in the overall permit and does not count against the lots 2,250 square foot maximum BUA allocation. Based on the proposed impervious area totals on the previously attached plot plan, however, it does appear that the proposed development (with a total proposed impervious area of 2,798.9 square feet) will still exceed the 2,250 square foot maximum allowed by the permit. I hope the above information proves helpful. If you have any further questions, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number" garrett.zorda pModen r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hall, Christine <Christine.Hail@ncdenr.gov> Sent: Wednesday, September 15, 2021 10:28 AM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov>; Smith, Ashley M <ashleym.smith@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: FW: State Stormwater BUA limit Garrett, Please pull the file for Ocean Club Estates (SW8 040740) and see if the road located on this lot is already accounted for in the overall BUA numbers or if needs to be included in the lot BUA allocation. If you can draft a brief response for Tara to provide to the lot owner, that would also be helpful. Ashley, SW8 040740 expired on May 16, 2021. The next time you are sending out renewal reminders, can you send one for this project? Thanks all! Christine Hall, PE Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall(a)ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: MacPherson, Tara Sent: Wednesday, September 15, 2021 10:01 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: State Stormwater BUA limit Morning, A Minor Permit application incorrectly indicated that a project is NOT subject to State Stormwater (see attached survey). That is incorrect. The BUA allowed for this parcel is 2,250 sq. ft. Can you read his response below and let me know how this needs to be communicated back? Are they limited in total for the entire parcel (see the existing road)... ?? ThxO - I will need your help understanding this. - The building envelop is —4200 square feet, and the town allows an imperious surface coverage of no more than 45% of the total square feet ( 4685 sq. ft.) - The town requires a stormwater plan because we have more than 200 sq ft of imperious surface. It seems to be more strict than the state requirement. - We have a stormwater retention plan that has been prepared by a professional licensed engineer that we plan to submit to the town. Will this suffice? Thanks, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara. macohersonOncdenr. cov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewis,Linda Sent: Monday, October 14, 2019 9:44 AM To: Jeremy ridenhour' Cc: 'trademacher@sunsetbeachnc.gov'; Musial, Connor E Subject: FW: SW8 040740 Ocean Club Estates formerly Riverside Attachments: 040740.pdf ZE Please see the attached email dated April 30, 2019 and detail scanned from the SW8 040740 approved plans that the Division provided to Mr. Rademacher in response to his concerns about Ocean Club Estates. Mr. Ridenhour- the subdivision is Ocean Club Estates, Permit number SW8 040740. It was permitted as high density, and requires treatment of the runoff. As described below and in the permit, runoff is treated in underground infiltration systems located in the rights -of -way. The lot line "swales" are the required vegetated filters for the overflow from the permitted infiltration systems. As indicated in the permit, the vegetated filters may NOT be filled in, altered or modified in any way. They must be maintained as permitted. Mr. Rademacher — the Division does NOT approve of the use of rip rap in a vegetated filter Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(a)ncdenr.00v Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 - 'Nothing Compares_,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Tuesday, April 30, 2019 6:04 PM To: Todd Rademacher <trademacher@sunsetbeachnc.gov> Cc: Johnson, Kelly <kelly.p.johnson@ncdenr.gov>; Musial, Connor E <connor.musial@ncdenr.gov> Subject: SW8 040740 Ocean Club Estates formerly Riverside Todd I attach a scan of the details for the vegetated filter lot line "swales" and the roadside swales for your use. As I previously explained, what you call lot line swales are actually the vegetated filters which are required for the overflow from an infiltration system. Not every lot line has a vegetated filter, but every other lot line does. You'd need to get a copy of the approved plan made to know exactly where the filters are located. In general, they are located on every other lot line starting with Lots 27/28 and ending with Lots 93/94. The impervious area from each lot is supposed to be directed into the catch basin located at its nearest property corner. Two lots share a single catch basin. For example, Lots 27 and 28 share CB- 1A to direct their runoff into. From there, runoff is directed into one of the five (5) permitted infiltration trench systems. The catch basins serve as the overflow/bypass for the trench. The elevation of the grated top of each catch basin is supposed to be set at the "bypass weir elevation" for the infiltration trench that it feeds, which is listed in the permit that Kelly sent you and shown on the approved plans. If lot construction impacts any part of the stormwater system, including the trench, the. roadside swales, the catch basin or the vegetated filter, it needs to be restored to design condition as shown in the permit and on the approved plans and details. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office inda.lewisCa ncdenr clov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 !/ Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. L,Uf 4 8 NOTES: 'LOT 45 IS IN FLOW HAZARD ZONE 'AE' BASE ELEVATION 13- N a""RT BASED ON F.I.R.M. 37201054DO K. INDEX DATE 08-28-28, 4 ME L 9 I6p Yi 1n3 nAi Nq Ma N4N w 'ME HOUSE ON LOT Q APPEARED TO BE TWO LMNG LEVELS cv woE ulom w NWMpd. ON PIUNGS WITH A GROUND LEVEL ENCLOSURE. '+� - P 'lT rmIAG a 1/ roam. -THE HOUSE APPEARED TO BE 100% COMPLETE. m rc a nm 'HORIZONTAL LOCATIONS ARE REFERENCED TO HAD 1983 9E YYOx�I.16yN1E.�, ''WI WI (HENS 2011) USING NCGS MRS WITHA SPECTRA. PRECISION 3H P.Nl91Q0 xACCm(bN( em Gi: O-.W q .YEIILAII xMAc SP80 ON 05-01-19. IxiuW. Aro 'THIS SURVEY IS SUBJECT TO ANY INFORMATION FOUND z� Ig o. WTTH THE BENEFIT OF A TITLE SEARCH. u 3. ..I Ooi 111y;s 3°S7m'� ` JINKS CREEK Orcz \ \ \ "L \ IXISRNG \ RETAINING \ WALL �. EM �j'E\ \\ � R y aE. \ i y� i 115. WNI \ i 1 \ 11 \ LOT 47 I Lit \ BLOCK 40-E Il 'q m SUNSET BEACH 6.2' \ MM CABINET 90, PAGE 83 IIE LOT 46 \ \ 1 J \ I\S \ 1 � ' CUNVE RPDIUS \ J' CI 150.00 C2 I 54.18' I M 0 311 O uaE r . Nr O 6L91INO0O 5nsnm ff B (PW') OM 0 FR9mN YNO YNA paanl CEIFIWOP W Ow 0 $IUBWIT $Y O 4 ANT i O IRO 1. N o RIFAOE mmTM d a KAWR 14TW N iiu _ _ _ _ _ _ _ _ _ _ _ _ _ r — _ — _ _ — _ _ _ — - \ N \ W, \ P � \ \ \ BENCHMARK \ MAG NAL E8 \ EMN NAVD AW 1988 ID c \ 5 E \\ l 1G' CAA" H \ SO - LOT 49 \\ BLOCCKK 40--E./� \ GN 111 UNABS ET \1 L 908, PE8HJ EXISTING HOUSE LOT 48 9,018 SO. R. .. FACE OF EXISTING BULKHEAD IS MEAL HIGH WATER JINKS CREEK FEEDER CANAL GARY GURGANUS LAND SURVEYING GARY L. GURGANUS, P.L.S 2011 ELK ROAD SUITE 5 Supply, NOM CO WI00 26462 (910) 23}7605 mwiom 101IN9i WNA1sw10I mwn np m0¢ w . E NO..In= rm Appraisal Card Page 1 of 1 AHASY MICHAEL T fTUX FARASY KELLY Rem' -/Appeal Parcel: 256ND00165 \ptes: :52C RIVERSIDE DR SB P.A;: ;;♦!Q:D C29D/;9Ba ....C:C 005: <35 ;D %C::25 : C3650! 2 BRJNSW:C<000N7v(:n0),SJNSET BEAC-.(100), SUNS;; BEAC7 FIRE CARD NO c' (F<a) v a eva . 20.E -ax Vea.: ...E] 8-40E SU[SST EEA: - P:9G/e< 1.000G LT SRC= :-see: 0:6 c-. ppra,AcC by 50 on 121: 112017 605E SUNSET BEAC-'. EAST TW 26 cl F4- EX AT LASC ACT:C% :fi 20:7 2 : 3 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION Of VALUE e. v,Con < 03 = BAi - cs>Bt b Fiver SYsce'^ a Sa-.cac C.C:000 wC/?I bo E.LC J9=vQD AIV ^JAI RA ` ISa.:G%Coco RCN c'B Av3 4ED=k'ETO NAR« DEPR. BUILDING VALUE -CARD 26]9] 0 at pPb'k15.5 32,OC 03 E:S:NF'_-`Av%BEAC- SR CONST RJG:-% EPA. OB/XF VALUE - CARD aYe J SP"LE: 3 2.0 SmneS MARKET LAND VALUE - CARD 251i,5G TOTAL MARKET VALUE - U0.D 526,aI veLrg Cave: . 06 c`, Sn nFlc S.00 ¢p. Wau Cos:-.cmr. - 5 OTAL APPRAISED VALUE - CARD 526,47C wail/5•,eecaa 21.00 55' OTAL APPRAISED VALUE - PARCEL E26,a2 mere, Fioor Cover :2 +arbw0oc :0.00 13' fa 13' ffz WOTAL ifLMP PRESENT USE VALUE - PARCEL000 n:evo- Fbb' Ccve: :< OTAL VALUE DEFERRED -PARCEL OTAL TAXABLE VALUE - PARCEL S 525,<] Fuel Ca 00 Leaa U. PRIOR TYpe' C9 BU LDING VAWE BVALUE ND ND VALUE :0,00 1 m O-I a.00 u {u 5.5{ n Ie Concnoning'ype -CJ enCa� <,00 RESENT USE VALUE EF=RRS VALE° ebrpbma/Ba:n:opmsMal!_ atnrobms 32 !6 BOB TOTAL VALUE 1000 mo I A52r•JS G-C 0♦1f PERMIT AA2 LU 5 5 2 FU5 - : u - C 40 alb -B[US�mc CCODEDATE '.1 \= NUMBE R AvoU\: AS : AS 0 =U5 0 LL - C G h „ r' 00-'. WTRS-]'. OTAL POINT VALUE ::2,000 SALES DATA BUILDING ADJUSTMENTS EF. DOIdP O -AGE ATE DEED TYPE U I INDICATE SALES PRICE arket DeSi n 0] 1. 1500 uglily a Above :. 1000 - AvS�ee 11 55 15 i u n u u- 3]93 35960353 35aa 3003li0] 1:50 0353 ] :2 ] :2 E:6 0;< 009 009 SL-WD WO WD' WD U U A u V V V V aE600 ize ¢ 0.950G OTAL ADJUSTMENT FACTOR '.200 rOTALQUALI—INDEX 131 Po� r' o25<G62s :2 Is]: w0 c v M' 1 R' y T -FATED AREA 3,189 Click on image to enlarge NOTES 000 REL FOR 2000 TAX DIF F :N VALUE A5,000 -03 LO UNBU:DlABL"c 12-05 00 SUBAREA ODE UALITY ESCRIPTION OUN TN TH NITS UNIT PRICE ORIG% COND LDGA SIZE FACT YB ANN DEP % YB RATE V CON D OB/XF DEPR VALUE GS TYPE AREA -A RPL CS OTAL Oa XF VALUE AS : 5fi :0 24128 0- :3a 03 6210 'US 1 62 09 22A67 D2 la 02 539 IREPLACE ] - P.e!ab 1 98 WSAREA535,93' OTALS WILDING DIMENSIONS BA5=W385A02;3A]E::S5E1<N<9A.ea::569,FOP=W35N:3E355:3A.ea.-55;F0-=N]E::S.2W::S2SWO<5.2.63W9M1N•@<5. 2. 83N:2E:3A7ea:3:0;FU5= =SW(ea5.1,24S.OE:3N]EIIS:62:aN<9w:61W0a5 A2<W1<Area::520;=0-=E:;5:2W1:5]5WC<5 2.83W9AWC45-2. 63N12E:3N2Area:310IFOo-W1BNW a5e, 24NIOE21SIJArea:266 5'WD2=E14N10W:a510A1ea :401TDLa IATea:<6225 AND INFORMATION OTHER ADJUSTMENTS IGHEST AND NOTES TOTAL ND BEST USE LOCAL FROM 2 DEPTH LEND COND RF AC LC TO BOA LAND UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND SE CODE ZONING TALE f-TXI E PRICE UNITS TYP AOJST UNIT p0.1Cf VALVE VALUE ROTES FR CANAL 0102 1 mD? 1 50 0 1 :.000C :.:000 v5 1 235,000.00 LDOO IT 1.20 258,500 258E00 VIEW OTAL MARKET IAND DATA 256 50 OTAL PRESENT USE DATA K,p 7 1 x Flt - 7-74° 2343.0 13° ov&r https:Htax.brunsco.net/itsnet/AppraisalCard.aspx?parcel=256ND00165&TaxYear=2018 5/7/2019 Appraisal Card COUNTY Page 1 of 1 G/>/]r110 i:TADK PM REED CHARLES VANDEVEER JR ETU% REED DANA SPEIGHT parcel: 256NO0O1 la mes J CB t!VERS: D: OR SB c,-A: N:Q :D LL9:62 .359ss n acsas :� NQ::Gs<Gss:2^62 _Ga\cNCa :CJ\i":. i.5'J\sET 3`_PC-(: LLi, S:\SEf 3EAC:FiRE _AG, \C.' (363) eva ea': 23:5 Tax "ez:: Ev :.35 B E0E SU<SE: aEAC•- u._. S:/192 :'or. IT SEC=pow w,sec Cy 60 on 12/::/2C V 505E SJNSET BE AT7� EAST 7W.96 O:. :R. Ex A -AST ACT IOA 'S 20 7:2:3 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION- CORRELATION OF VALUE b,rca:m' 3 untie CJSCDO so BR w O - BAS_ mWC-. ' n-SYSI, c S:znrx¢ 0: GOC wC/l.I s 8 CO ,;SE VOD A ez cA RATE RCN a Alul rcARXET _ 'cr W.Ir, :9 am 32.00 12 L: 2E2fi 38 158.'2C 387iGc 2Cv:/2C:I %GOO] )S.L DEPR. BUILDING VALUE - CARD 29Lce oo'c.9 SLr_, we 23 ti —BE: SEAL- SIR CO\5T R'J�:.^,3 EPA. 011 VALUE - CARD :2,CC able 7.^0 5^'LE: 3 - P MARKET LAND VALUE - CARD 235,30 TOTAL MARKET VALUE - CARD 5<2,E8 cD'-0 Cover 13 ;zi S:a-Cn- Bca fiAL ln:eoT Wall CCn5 TOTAL APPRAISED VALUE - CARD 502,<8 wa!I/Snee.nruos Cc¢ 2:. cc DIAL APPRAISED VALUE - PARCEL 502 <fi o ':enc F C.0 , :2 DIAL PRESENT USE VALUE - PARCEL '.mcwocc :G.GG a:oe: C.Oa OTAL VALUE DEFERRED - PARCEL TOTAL TAXABLE VALUE - PARCEL S 5E2,e8 ,Jloy Fuel - 0c 00 f! PRIOR .tLrs -1 ,E - C9 iAL VA:.::_ .Pal P, Orl E.GG aP �� 6'. ij BXF B%F VALUE :G.cG .. <.Gc 11•�n. 10'6• ES %4 U' R=SENT u5E t•ALu6 DEFERRED VA' ec.00as/Ba;n:obms/nan amroams :6.t 0 ,CTAL VALUE :0 co eb:ne FILE ans: Fus2LLG 1I' us .U1,Ems AS : FU5 2 LT 8/• 34• j' PERMIT alb Bavvboms CODE DATE NO NUMBER AMOUNT AS-1FU5-0 LL 0 ASe C Pas C LL 0 C j8• �• B it 8• is �• OUT: WTRS-D: SALES DATA DIAL POINT VALUE 1:5.OD FF. ECORD ATE DEED TYPf /U I INDICATE SALES PRICE BUILDING ADJUSTMENTS inkel Ek, i..IC71 I : 1500 uali[Y a Above :.1000 OOK AGE R 3200 y5 6 C16 SL- Q V 25000 Ave•a ¢ 8 8 8•WDj 8• - 9' �, 2 0• u' 3596 350E 30C31:02 4:9 353 :2 ) :2 01E 0 11 09 09 WD WD- WD J A U V V V . ise a sire assGG OTAL ADJJSTM=NT FACTOR 1, 2LL SOT AL QUALiTv ;INDEX :JB 026< 024 :215>: WD u V ATSJ AREA 2,39E CIICk on Image to enlarge NOTES 000 BET FOR 2000 TAX DUE F 1N VALUE E5,000 a B3LD UNBU1LDABLE 13 05 00 SUBAREA OD DESCRIPTION OUN TX HIL1UNT UNIT PRICE ORIG Wo COND LDGY AYB EYB ANN DEP RATE OV °h CONO OB/%F Of P0. VALUE GS O JELEVATOR 'PASSENGER I 1 0 1 11 I2,ODO, 00 D O17 0:> S2 1 100 1200 TYPE A0.EA %o RPL CS AS :29910 206:5: OF TOTAL OB XF VALUE 12 00 US 1096 9 156E) 11,/E� r..� `, `I Y :02 299 2 9522 D2 22 2 28S IBAREA ) - vreFab 1,98 DREA DIALS UTLDING DIMENSIONS BAS= W3653EE 15N5E958E2S1 EI ON! E2N3/Area', 12991FeP= E95BW9NBArea: 72, LLU-A:ea:299;FUS=53E E:5NEE9S8E 1 EN26W13N6W! ON6W: 5Area:2096 FOP=E 13N11 W:3511Area::<3' W J2=E958 W 9N8Area:22•To;al A: ea:298: AND INFORMATION OTHER ADJUSTMENTS IGHEST AND NOTES TOTAL ND BEST USE LOCAL FROM DEPTH / LAID CONE) RF AC LC TO 4OADUNIT LAND UHT TOTAL ADJUSTED LAND OVERRIDE LAND SE CODf ZONING TAGE DEPTH SIZE MOD FACT OT PRICEUNITSTYP ADJST UNIT PRICE VALUE VALUE NOTES A1AL 0:C2 80.2 50 C !lOCOG C [-0GOC 35,00C.00 T.000 LT :.00 235,000.0 235000 OTAL MARKET LAND DATA 235 00 "DIAL PRESENT USE DATA ?-i j : 72 0 129 01 1371 https://tax.brunsco.net/itsnet/Appraisa]Card.aspx?parcel=256NDOOI l4&TaxYcar=201 A 5/7/2019 Appraisal Card couNTy Page 1 of 1 BOROWSKI LAWRENCE T ETUX ZBOROWSKI DEBRA L Re'O" �r'cJe� Parcel: 256NDOOIOB J^e 4:vER5:z --Ai: 'J\iQ iD DR SB 0050.r006} .359__ 0055389 ;Q NC, :054119c5B;79 BRu%SW!C{CLAN—, (:00), Sc%SET 5EAC- (:(C), S�%SE; BCACn':RE CAlif. \0.:... ^53; ' dl rex': i0:5 Tx. "ex': 20:8 : 30 B'CCE S::%SE B'._AC-. a._ 9C/62 :.000O Li SRC= xaSeC JY 5'. c, :2/::/70: J 505E Sari SE: ?SAC- EAS' :w 05 ;.6 E%. A.. L A5' AG1CN . - 20t212!3 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATIOX CORRELATION OF VALUE CJ0000 °,es>6J = EASE Svs�e- 4 tla:c C. et ana G;: ,;g=.vOD Area J4l :ATE RC\ fY8 4.Vg RE]ENCE 70 MARK-, n W. ' '] C - - 4865C0}=:}2�:J % GOOD J0.0 EPR. BUILDING VALUE - CARD 31:02 Roc`c9 s st, - 03 L. 5:%C_' -A'+ _w .r_AC-5` SER CO%SRBCTION EPR. OB/%F VALUE - CARD -aJie 2'^� Vy 5„': _ e.". S:p'e5 MARKET LAND VALUE -GRD 235,10 TOTAL MARKET VALUE CARD 556,°J ^avC'-J5 or WeB vwx Ns',eevcri. A TOTAL APPRAISED VALUE - CARD 556,02 TOTAL APPRAISED VALUE - PARCEL 55E,2 :1 - ec.00c 10.00 T. WI 17• TOTAL PRESENT USE VALUE -PARCEL I., Cvve' . ',< 0' 15• S.TOTAL T. EI' VALUE DEFERRED - PARCEL OTAL TAXABLE VALUE - PARCEL S 556,02 -g are 04 _ 1.00 1S tp fOP u' PRIOR Tyx VAL'Ic' C9 0, <.00 1S' S' BX1 VALUE BSE VALUE NJ VALUE 10,00 vaConmuonin9 Tyne - 03 enua: cD° 7T tf' u' S• RES6RT use =Ra=D VALUEUE ea.00=s/Ba:,�no=s/=ac t:�rocvs ,TA. VALUE 10,00 ns: ras2cC J. BAS J' . at :re015 PERMIT AS :FUS :LL-0 s' n. Pis S' a26x::-co^,5 C0T JA7E VQ:E I NUVBER ANOURT A5-!Eds0C0 u' S. s E Deice O'JT WTRSe O: A5. C EUS 0 L' 0 C 1' S' u' S' A SALES DATA TOTAL POINT VALUE :05,000 FF. ECORD OK AGE ATE R - DEED TYPE U 1 INDICATE SALES PRICE BUILDING ADJUSTMENTS Mania/DeSi n 07 :500 Quality AJovc :.1D00 Avera e p• 3892 3 EA 3544 3103 415 J}5 353 1:07 a a 2 12 201J 20:6 014 009 GW' GW WD' WO Q U A U v V V V 27000 Size Sue 09-00 OTAL AJJJST,v-_%T EACTOR : 200 TOTAL QJAL!TY i6JEx :3: N• 0264 024 -4 :9}: W'J U v v to u -.:ATEC AREA 2,6!0 Click on image LC enlarge NOTES 000 REL `OR 20DC TAX LOT UNSU'aABLE 163 2 05-00 r= IN VA_UE 45,000 SUBAREA ODE UALI ESCRIPTION OUN TH TH NUS UNIT PRICE BRIG°a COND LDW SIZE FAR YB ANN DEP Y RA V % C.- COND OB/XF DEPR VALUE % BPI C$TOTAL OB XF VALUE !0 25776 9LU- 126 03 42C309 14899 02 763 ]REPLACE J E,e. :96 UBAREA OTALS 400 456,6G UILOING DIMENSIONS BA5=W:3%5W:55!5W35:3E3S5W5s23E3-%:BE2%:2W]1'<:A-ea::2!:;rC-=E:SSz-:3N!2W28s2A:ex:26:;EO>=E345!2W34%:2Area:<n6;LLU=A:ea:26 1'FUS=5:5W 3513E3S5W555E36%12 W 3%2: W :3N5 W 15A'ea::099' F0'=E t 555E13N:2 W 2BSJArea: 261' TnafAlaa'.4002 AND INFORMATION OTHFR ADJUSTMENTS IGHEST AND NOTES TOTAL NO BEST USE LOCAL FROM DEPTH / LAID COMB RF AC LC TO ROAD LAND UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND ZONING SE CODE TALE DEPTH SIZE MOD FACT OT TYPE PRICE UNITS. TYP ADJST UNITPRICE VALUE VALUE NOTES ER CANAL C102 BR2 50 1 C I :.0000 0 :.000C 95 235,000.00 :.000 LT :.000 235,000.0 235000 OTAL MARKET LAND DATA 235,00 OTAL PRESENT USE DATA 13013 OW https://tax.brunsco.net/itsnet/AppraisalCard.aspx?parcel=256ND00108&TaxYear=2018 5/7/2019 Appraisal Card Coal., Page 1 of 1 /1/in/O i., iP ou ARILLA VINCENT ETUX BARILLA KAREN A panel: ]S6ND0035) es: RpJERS:JE DR 53 °1A1'. U%IQ iD C090/009] :36CO2 OCS:082 10 NO'.:C541035J8c) 3R:U.SW!CK COUNTY (: C0), 5'J%5E: BEACH. (:C(), 5L%SE1 BEACT- FIRE CARD NO 1 of (363) 1 'eve v a. 2.5 Cao- ez.. ,L )S 8-40E sua SE BEAC-:'_ 9C/EJ 1.0000 LT SRC= PXioci AI:t'A ert Jy 6E I- :2/:1/2.",:2 5.5E SU%SE- 3EAC rAS7 7W.06 SR c%. Ai. LAST ACT:ON 2C:7:2:J CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE oc=oata- 3 UC once' 0.65000 ie-S>8. w Ca'- <.CC Tub BASE t-,ct'on Floo' Syste-. < $an0arc 0.01000 we/a:i o_ 8.20 dSE M0U A ca -A' RAtE RCN Eva Ay3 REDENCE TO MARKET x:c:,C Was :S O f. 2 2-B :28 -1 3/. 3 J5920: 72C:2 a, COQO 5.0 EPA. BUILDING VALUE - CARD 2ll33 SS!7- c .3 y E. S:NCLE FAM;�y>EAC- 5FR c-%S-RUCfO%. EPR. 01 VALUE -CARD 32,18 -a' a J.CC 5:,- 3 2.0 st.- MARKET LAND VALUE - CARD 235, 00 TOTAL MARKET VALUE - CARD 4B<,51 03 STr ie 3 DO into- I. Weil Cons:ru�'.or' TOTAL APPRAISED VALUE CARD 48g51wae/SceePa:< ):.00 TOTAL APPRAISED VALUE PARCEL 484,5E °'oo Cove:- .2. TOTAL PRESENT USE VALUE - PARCEL ac - %ao ba Cave: - :c ee ¢. 0 00 TOTAL VALUE DEFERRED - PARCEL TOTAL TAXABLE VALUE - PARCELS 41 Rcl C< Jec¢ 1.00 PRIOR eaon9 ty Pe 05 VALVE BUiLDINGVALUE IIOP 9' B%E VALUE -AND :0,90 eCaanocr Tn^y P ae 03 v - <.oD 9' 9' pp29'REs`_NT IT 13,DE-ERRED %T USE use VALUE VALUE ecmacs/8a:nrooms/ea'l a:F1i ., TOTAL VALUE t0,DC �. u, 2 : 13 coo cao s AS 1 N5 2 LL 0 a:r:oc=s PERMIT PS - : °U5 .: c . C a`Ba:-.:oon5 .CODE I DATE NOTE I NU1,3=_R A+CUNT As 1=US-0LL-D 26' 2T 26' `TCe OLT. �.RS-D: AS 0 FUs - D LL U 0 Pis 6" SALES DATA TOTAL POINT VALUE 110,000 FF. OfCOOKRDAGF AOTER OTYEEPE I INDICATE SALES PRICE ADJUSTMENTS akBUILDING ISCO u Aaove .1000 3789 588 ) 016 GW Q 0/U 3350 Ave:a a x, 26' . 14' � 359E J544 3003 33 5 5 :07 :2 J 12 01 014 2009 WD WD' WO u A U V V v ize Sae G.9"^0 i A'_ CPpiL'STMEYi =ACTOR 1.200 TO - A-- QUALITY INDEX :28 0254 024 12 :971 WO U V r EA-=O AREA 2,275 Click on Image to enlarge NOTES 000 REL FOR 2000 TAX DIF F IN VALUE 50,000 u83 LO T UNBUILOABLE :2-05-00 SUBAREA OD DESCRIPTION OUN TH UNIT UNIT PRICE ORIG % COND LDGP AVB EYB ANN DEP RATE V % CON D OB/XF DEPR VALUE GS 0 6 ELEVATQR ('A55ENGE3) 20 RE51p� 0 23 25 I 1J,000.00 60.00 0 0 017 0:7 OV 012 5 5 100 100 1700 1518 TYPE AREA Ab CS AS 1 15010 1692E US 1 :26 9 149:: W' 21 C2 633 OTAL OB XF VALUE 3218 aP :v02 ve n I-' PriYe 1R 71-2 2 1261 IREPLACE ) --r`aJ ,9B UBAREA 2 T28 334,35 OTAUS UILDING DIMENSIONS 8AS=W42S28E:5%1E26N27Area:1150;U0-=E:3%9W13S9A7ea:::7;LLU=A:ea:216;FUS=52W14S1WI6N28E42S75W:2A:ea:1126;WD2=E:3N9W:3S9Are ::) lolalA:ea: 272E .AND INFORMATION OTHER ADJUSTMENTS IGHEST AND NOTES TOTAL ND BEST USE LOCAL FRON DEPTH / LND COND RF AC LC TO OA LAND UNIT LAND UNT TOTAL ADJUSTED "NO OVERRIDE LAND SE CODE ZONING TAGS DEPTH SIZE MOD FACT OT TYPE PRICE UNITS TYP ROOST UNIT PRICE VALUE VALUE NOTES R CANAL D1p2 30.2 50 G :.0000 0 :.0000 PS `235,c00.00 1.000 LT 1.00 235,000.0 235000 OTAL MARKET "NO DATA 235 DO OTAL PRESENT USE DATA 12G-7D https://tax.brunsco.netlitsnetlAppraisalCard.aspx?parcel=256\1)00157&TaxYear=2018 5/7/2019 }t LIMITED LIABILITY COMPANY ANNUAL REPORT moan NAME OF LIMITED LIABILITY COMPANY: Sunset Beach Holdings II, LLC SECRETARY OF STATE ID NUMBER: 1412797 REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: REGISTERED AGENT'S INFORMATION STATE OF FORMATION: SC 1. NAME OF REGISTERED AGENT: Incorp Services, Inc. 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 176 Mine Lake Court, Suite 100 Raleigh, NC 27615-6417 Wake County SECTION B: 1. DESCRIPTION OF NATURE OF BUSINESS: Real'Estate FI -g Off. Use O-iy E - Filed Annual Report 1412797 CA201907402003 3115/2019 11:36 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 176 Mine Lake Court, Suite 100 Raleigh, NC 27615-6417 2. PRINCIPAL OFFICE PHONE NUMBER: (757) 739-8779 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 2421 Bowland Parkway, Ste 104 2421 Bowland Parkway, Ste 104 Virginia Beach, VA 23454-5200 Virginia Beach, VA 23454-5200 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY. OFFICIALS (Enter additional company officials in Section E.) NAMENAME: TITLE: Manager TITLE: ADDRESS: 2421 Bowland Parkway, Suite 104 Virginia Beach, VA 23454 ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a personlbusiness entity. ZaAant LLC by. lane Dean L' C,b Manager ry Nan...., Zarete,, Na�aye , cy Naenseo 2mate Ma -age SIGNATURE - Form must be signed by a Company Official listed under Section C of This form. 3/15/2019 DATE 7ila'Ak—C oY k-e De41 LLC ^N.a-age•Cy:'Ax lsu Za'an, t5 Na-aver, by Ranos[V Z,iw Na�aye' Manager Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report hasbeen filed electronically. MAIL TO: Secretary of State. Business Registration Division, Post Office Box 29525, Raleigh, NC 2762&0525 .Lewis,Linda From: Lewis, Linda Sent: Tuesday, April 30, 2019 6:04 PM To: Todd Rademacher Cc: Johnson, Kelly; Musial, Connor E Subject: SW8 040740 Ocean Club Estates formerly Riverside Attachments: 040740.pdf Todd I attach a scan of the details for the vegetated filter lot line "swales" and the roadside swales for your use. As I previously explained, what you call lot line swales are actually the vegetated filters which are required for the overflow from an infiltration system. Not every lot line has a vegetated filter, but every other lot line does. You'd need to get a copy of the approved plan made to know exactly where the filters are located. In general, they are located on every other lot line starting with Lots 27/28 and ending with Lots 93/94. The impervious area from each lot is supposed to be directed into the catch basin located at its nearest property corner. Two lots share a single catch basin. For example, Lots 27 and 28 share CB- 1A to direct their runoff into. From there, runoff is directed into one of the five (5) permitted infiltration trench systems. The catch basins serve as the overflow/bypass for the trench. The elevation of the grated top of each catch basin is supposed to be set at the "bypass weir elevation" for the infiltration trench that it feeds, which is listed in the permit that Kelly sent you and shown on the approved plans. If lot construction impacts any part of the stormwater system, including the trench, the roadside swales, the catch basin or the vegetated filter, it needs to be restored to design condition as shown in the permit and on the approved plans and details. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(a,)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ''Nothing Compares.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. too aa)aj" lonummoo l st tmd snit, :H pava90 :As umwu S Stl :ats3S Ti :a3ea d A � �C tTl o ;IN f1 ve 10, I� 10' iq W V V MIN 50' --1 PULL SLOPES BACK TO BLEND ESTABLISH VIGOROUS INTO TOP OF RAILROAD TIE VEGETATIVE GROWTH ON M/ SLOPE, BANKS AND CHANNEL I N3 S[Op VEGETATED FILTER 3:� SHOP hI I i= MAX ELEV = RIM ELEVATION OF CATCH BASIN USED AS BYPASS TO TRENCH SYSTEM. SEE PLAN VIEW FOR ELEVATION. VEGETATED FILTER DETAIL NOT TO SCALE NOl 1. V B B D V S 2. 'A E M i NOTES: 1. VIGOROUS STAND OF PERMANENT GRASS COVER SHALL BE ESTABLISHED AS SOON AS POSSIBLE ALONG THE BANKS OF DITCHES AND DISTURBED AREAS. WHERE DITCH BANKS CANNOT BE ADEQUATELY STABILIZED WITH VEGETATION, AN ARTIFICIAL LINER SUCH AS RIP -RAP SHALL BE USED TO PROTECT BANKS. 2. WHERE SLOPE OF CHANNEL BOTTOM EXCEEDS 1.5%, EXCELSIOR MATTING OR OTHER EFFECTIVE CHANNEL LINING MATERIAL SHALL BE USED. .1 PULL SLOPES BACK TO BLEND INTO EXISTING TERRAIN, TYP. �Op6 11 �S CROSS-SECTION OF ROAD SIDE SWALE NOT TO SCALE 44ail - linda.lewis@ncdenr.gov Page 1 of 2 Re: [External] Riverside Lewis,Linda Wed 4/24/2019 9:11 AM Sent Items TcJodd Rademacher <tademacher@sunsetbeachncgov>; The project name was changed to Ocean Club Estates in 2017. Please make a note of it. The project is high density with infiltration trench systems. There are 68 lots each limited to 22SO sf of BUA. The trenches run alongside and partially under the access road. The runoff from the road and the lots drains into the roadside swales, where it is transported to catch basins that feed the infiltration systems. The top of the catch basin grate is supposed to be set at the overflow elevation in the trench system. The "swales" between every other lot are actually the vegetated filters which are required to treat the overflow from the infiltration trenches. These swales cannot be filled in or altered from their design condition. If impacted during construction, they need to be restored to design condition. The plans approved in 2007 contain a cross-section detail of the roadside swales and the vegetated filters. The basic roadside Swale section is a V-bottom that varies from 6" to one foot deep, with 5:1 sideslopes. The vegetated filter section is a flat bottom Swale 10 feet wide, with 3:1 side slopes. The 10- foot width is needed to spread out the overflow to make it nonerosive. If you need to review the approved plans, you can make a file review appointment. If you want a copy of the approved plans, you'll need to make arrangements with Cameron Weaver at 910-796-7265 to get a copy made at the local print store at your expense. The permit is still in the name of the developer and has not been transferred to the Association. Linda From: Todd Rademacher <trademacher@sunsetbeachnc.gov> Sent: Wednesday, April 24, 2019 8:12:19 AM To: Lewis,Linda Subject: Re: [External] Riverside CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.aov The Stormwater permit number is sw8 040740 mod This is the lots down Riverside Dr on the island. https:Houtlook.office365.com/owa/?realm=nc.gov&path=/maii/inbox 4/24/2019 ,Mail - linda.lewis@ncdenr.gov .. Page 2 of 2 Todd Rademacher, CZO Planning Director Town of Sunset Beach www.su nsetbeachnc.pov On Apr 23, 2019, at 6:43 PM, Lewis,Linda <Iinda.lewis@ncdenr.ciov> wrote: I have no active stormwater permits for a subdivision in Brunswick County called Riverside. I'd need a permit number from you to look up on the database. In the absence of a permit, I cannot impose state stormwater swale design standards on a stand-alone lot or in a subdivision that did not trigger a permit. Perhaps it was called something else in the past, or is a sub -subdivision within a larger subdivision like Winding River or Sea Trail? Linda From: Todd Rademacher <trademacher@sunsetbeachnc.gov> Sent: Tuesday, April 23, 2019 4:11 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: [External] Riverside CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Linda, You helped me out a bunch in Surf Cityand was wondering if you can do the same for me here in Sunset Beach. The riverside subdivision has a home under construction and best I can tell there are to be swales between some of these homes. My homeowner has added fill and obviously adjusted the Swale. I am trying to determine what the final swale is supposed to look like to meet the State plan. Any help you can provide is appreciated. I would love to meet on site to go over this issue so I can be 100 percent in the future. Thankyou Todd Rademacher, CZO Planning Director Town of Sunset Beach www.sunsetbeachnc.gov https://outlook.office365.com/owa/?realm=ne.gov&path=/maiUinbox 4/24/2019 Lewis,Linda 5(N d? G ¢O ¢O From: PERMIT PALS <pwvb78@atmcnet> Sent: Tuesday, August 15, 2017 6:18 PM To: Lewis,Linda Subject: RE: Farasy 1520 Riverside Dr Thank you. I will forward this information to my client. ----- Original Message ----- From: Lewis,Linda <linda.lewis@ncdenr.gov> To: PERMIT PALS <pwvb78@atmc.net> Cc: hmarziano@sunsetbeachnc.org, Scott, Georgette <georgette.scott@ncdenr.gov> Sent: Tue, 15 Aug 2017 18:07:26 -0400 (EDT) Subject: RE: Farasy 1520 Riverside Dr @font -face {font -family: "Cambria Math' panose-1:2453546324;} @font -face {font -fa m i ly: C a l i b ri ; panose-1:2 15 5 2 2 2 4 3 2 4;} p.MsoNormal, Ii.MsoNormal, div.MsoNormal {margin:0in; margin-bottom:.0001 pt; font -size: 1 2.Opt; font-family:"Times New Roman",serif;} a:link, span. MsoHyperlink {mso-style-p riority:99; color:blue; text -decoration: underline;} a:visited, span. MsoHyperlinkFollowed {mso-style-p rio rity:99; color:purple; text -decoration: underline;} p.MsoListParagraph, Ii.MsoListParagraph {mso-style-priority:34; margin-top:0in; margin-right:0in; margin-bottom:0in; margin-left:.5in; margin-bottom:.0001 pt; font -size: 1 2.Opt; font-family:"Times New Roman",serif;} div.MsoListParagraph p.msonormal0, Ii.msonormal0, div.msonormal0 {mso-style-name:msonormal; Lewis, Linda From: Lewis, Li n da Sent: Tuesday, August 15, 2017 6:07 PM To: 'PERMIT PALS' Cc: 'hmarziano@sunsetbeachnc.org', Scott, Georgette Subject: RE: Farasy 1520 Riverside Dr Ms. Benton and Mr. Marziano: On August 14, 2017, we received a copy of the recorded deed restrictions for what is now called Ocean Club Estates (formerly Riverside Drive Subdivision) under permit No. SW8 040740. That document sets the BUA limit for all 68 lots at a maximum of 2,250 square feet. Ms. Benton, when your client purchased the lot, the closing attorney should have provided them with a copy of the applicable recorded restrictions and covenants. This particular declaration was recorded on June 8, 2016 and is located in DB 3775 at PG 861. An amendment was filed on August 8, 2017 in DB 3942 at PG 500 to add the stormwater permit requirements and BUA limits. The Town of Sunset Beach does their best to ensure that any lots which are located within a permitted subdivision in their jurisdiction, adhere to their permitted BUA limits. This saves the permittee and the lot owner from getting into trouble with the Division for overbuilding, which is a difficult problem to solve after -the -fact. Since construction on this lot has not taken place, now is the best time for your client to consider these options: 1. If your client wishes to try to get more BUA for this lot by modifying the permit, then they will need to contact the current permittee to discuss. The permit cannot be modified by anyone but the current permittee which is Sunset Beach Holdings II, LLC. The Division cannot mandate that the permittee modify the permit to accommodate a request for more BUA. 2. Rework the lot plan to reduce the amount of BUA by replacing proposed concrete or asphalt areas with one or more of the following pervious surfaces as defined in NCGS 143-214.7: a. A surface of #57 stone at least 4" thick underlain by a geotextile fabric; b. A permeable pavement designed to infiltrate the design storm; c. Landscaping material such as gravel, sand, mulch or vegetation placed on areas that receive pedestrian or bicycle traffic, or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle. 3. Although probably not the most cost-effective solution, your client can elect to purchase another lot (i.e., the donor lot) in the subdivision and deed a portion of or the entire 2,250 sf allocation over to the other lot (i.e., the recipient lot). Of course, this will most likely leave you with an unbuildable lot, depending on how much BUA is donated. 4. Another possible solution is for your client to "borrow" some BUA from another lot or lots that has extra and will not need it. Unfortunately, 2,250 sf is not a large amount and it may be that none of the other lots has any leftover to donate. A change of this nature requires as -built surveys and HOA approval of an amendment to the declaration to reflect the changes to the BUA limits for those select lots. 5. ,Purchase a lot in another subdivision that as a higher BUA limit that can accommodate your plans. These are the options to get more BUA and/or to meet the permitted BUA limit. Please let me know if I can be of further assistance in this matter. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(a)ncdenr.00v Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 z1� K.Nothing Compares- i Ix� Email correspondence to and from this address is subject to the North Carolina Public Records Lamy and may be disclosed to third parties. From: PERMIT PALS fmailto:pwvb78@atmc.net] Sent: Tuesday, August 15, 2017 4:31 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Fwd: Farasy 1520 Riverside Dr Hello Ms. Lewis, I received the email below in regards to a permit we applied for in Sunset Beach. My client has asked that I forward to you a copy of his stormwater plan from his engineer. He is wanting to know approximately how long it will take to determine if there is a problem. Can I be please be copied on any correspondence with the town of Sunset Beach on the above address. Thank you. Pauline Benton Permit Pals 910-540-4424 ----- Forwarded Message ----- From: Hiram Marziano <hmarziano@sunsetbeachnc.gov> To: pwvb78@atmc.net Cc: 'Cindy Nelson' <cnelson@sunsetbeachnc.gov> Sent: Tue, 15 Aug 2017 13:44:23 -0400 (EDT) Subject: Farasy 1520 Riverside Dr Pauline, I'm currently reviewing the plans for 1520 Riverside Dr., Sunset Beach for Farasy and I've run into an issue. The site plan lists 4,136 sf of built upon area but according to the state stormwater permit, I believe that only 2,250 sf BUA is allowed. If that is the case, I believe that in order to continue with this design, a modification to the state stormwater permit may be required. I have a call into Linda Lewis at the Wilmington office, but I just wanted to let you know where we are currently. There are a few•other minor issues, but this one was so significant I wanted to let you know instead of waiting for the plan review. Let me know if you have any questions. , Hiram J. Marziano, II, CFM Director of Planning Town of Sunset Beach 700 Sunset Blvd. N Sunset Beach. NC 28468 910.579.0068 www.sunsetbeachnc.gov Please note: Pursuant to NC General Statutes, Chapter 132, this message and any attachments that mpy be sent in response to it may be considered public records and therefore are subject to public record requests for review and copying under the Public Records Law. Lewis,Linda From: PERMIT PALS <pwvb78@atmc.net> Sent: Tuesday, August 15, 2017 4:31 PM To: Lewis,Linda Subject: Fwd: Farasy 1520 Riverside Dr Attachments: 20l7O8l S l S200S. pdf Hello Ms. Lewis, I received the email below in regards to a permit we applied for in Sunset Beach. My client has asked that I forward to you a copy of his stormwater plan from his engineer. He is wanting to know approximately how long it will take to determine if there is a problem. Can I be please be copied on any correspondence with the town of Sunset Beach on the above address. Thank you. Pauline Benton Permit Pals 910-540-4424 ----- Forwarded Message ----- From: Hiram Marziano <hmarziano@sunsetbeachnc.gov> To: pwvb78@atmc.net Cc: 'Cindy Nelson' <cnelson@sunsetbeachnc.gov> Sent: Tue, 15 Aug 2017 13:44:23 -0400 (EDT) Subject: Farasy 1520 Riverside Dr Pauline, I'm currently reviewing the plans for 1520 Riverside Dr., Sunset Beach for Farasy and I've run into an issue. The site plan lists 4,136 sf of built upon area but according to the state stormwater permit, I believe that only 2,250 sf BUA is allowed. If that is the case, I believe that in order to continue with this design, a modification to the state stormwater permit may be required. I have a call into Linda Lewis at the Wilmington office, but I just wanted to let you know where we are currently. There are a few other minor issues, but thisone was so significant I wanted to let you know instead of waiting for the plan review. Let me know if you have any questions. Hiram J. Marziano, II, CFM Director of Planning Town of Sunset Beach 700 Sunset Blvd. N Sunset Beach, NC 28468 910.579.0068 www.sunsetbeachnc.gov 0 Please note: Pursuant to NC General Statutes, Chapter 132, this message and any attachments that may be sent in response to it may be considered public records and therefore are subject to public record requests for review and copying under the Public Records Law. z STORMWATER PLAN LOT 87'RIVERSIDE DRIVE SUNSET BEACH, NORTH CAROLINA FOR CAROLINA CRAFTSMAN CALCULATIONS: ROOF COLLECTION: Propose) Impervious Rod AM: 2.391 SF PlopoaM Grassi Orive Ana: 1,746 5F Total Pnpoud Su10-UP01 AM: 4.136 5F (Per Plan Plan 6 Smwy Oats Pruvldedl Lot Am - 2.795 SF 30% Impervious Aron - 2,B29.5 SF Ana of Runoff Colscum (In Estes, of 30%1: e,136 SF - 2,929.5 SF • 1,2065 SF Am within TS' AEC a 4,0a2 SF 30%of AEC s 1,212A SF Pnpoud Impenlwe wWdn TVAEC a 1.266 SF Pnpoud % Imp.Mous within 7S AEC o 11.3% Am of Collection On Excess of 30%): 1,356 8F.1.212.8 • $3.e 8F AREAOF COLLECTION: Use Qraaner of 2 Am& Avow: 1.206.6 5F (includes 665 SF Within TF AEC) Infiltration Bad Cepeclly per Linew Ft (6' x W a W Bed) EZ Fbr 1203H (1.60 CFRF Ex.)' 1.60 x 2 -3.20 OF Per U., FI (As Proposed) Required Snrepsll'reatment ShNsgo Volume: l,"ItS SF x 11 Inch -1509 CF Required Bed Longth - 150.6 I3.20 a 87.1 Feat Uea Ons (11 Infutretion Bad. (fill' • 36 x U1 u•. va- cossAcnn nu. o"evsLuoolrcan I 1 VW vIGw uLLRGTW COVm 21 3 ROC" w eu"Rlrm caul .rc�x mw rswll DOWNSPOUT I CLEANOUT CONNECTION' wo FOR CAROLINA CR nYe SOL MOIFNPVGMp®rF1TLG MCFrLL :.Nni lw¢'uen0 Ia1r.80e ,@06 /f/ lOVInW L'YIK Lt Le!/1rs1 srvuGoaaL •P SECTION A -A OGtel EZ FLOW DRAINAGE BUNDLE INFILTRATION BED 117 p; AL SHEET STORMWATER PLAN w_102 i v V C) 6 g• Ir ; UJ N STORMWATER PLAN / N LOT 87 RIVERSIDE DRIVE SUNSET BEACH, NORTH CAROLINA ` Nail FOR CAROLINA CRAFTSMAN `188• GENERAL NOTES A. MAINTENANCE: ie P(L�a ALL LOT DIMENSIONS, SURYeY DATA. L PLOT PLAN PROVIDED BY DONTRACTORICLIENT. SURVEY BY. 9088Y, LONG 6 OTLJg' W A830EIATES: TITLED 'BOUNDARY AND SPOT ELEVATION 5.8)•. $,6 SURVEY OF LOT 87 DCEAN CLUB ESTATES LOCK HOE SUNSET S.� Ol 'BEACH FOR MICHAEL AND KELLY FARABY'. DATED SEPTEMBER 8 $ 6, m.mle, 1' THIS STORMWATER PLAN WAS DEVELOPED TO SATISFY THE ,Z INTENT OF THE TOWN STORMWATER MANAGEMENT .ORDINANCES. HOWEVER; MCGtLL ASSOCIATES DOES NOT kq,g• l CERTIFY THE SITE SOILS AND SEASONAL HIGH WATER TABLE Co- �O.�b6cU01k Bs-''6 7 0' T TB' EZ FLOW INFILTRATION BED (TYP. -SEE DETAIL) BE VERIFICATION OF SUITABLE SDILS FOR INFILTRATION AND 'I SHWT LOCATION TO MAINTAIN Y SEPARATION FROM BOTTOM 'OF INFILTRATION TRENCHES IN ACCORDANCE WITH. I REQUIREMENTS. IF SOILS SCIENTIST OR GEOTECHNICAL .I ENGINEERING DATA DO NOT CONFIRM SUITABRITY;CONTACT :I ENGINEER FOR PLAN REVISIONS. EZ FLOW DRAINAGE SYSTEMS ARE FOR USE IN NON -TRAFFIC 1 ARE" ONLY. N I :INFILTRATION SYSTEMS MAYBE LOCATED IN ALTERNATE y LOCATIONS ON THE LOT AS DESIRED. EXCEPT WITHIN RESTRICTED SETRACKS,'EASEMENTS. OR OTHER PRDNIBITEO AREAS, AS LONG AS RUNOFF. FROM ROOF AREA IS (+S 'DISTRIBUTED PER PLAN.- BOTTOM OF INFILTRATION SYSTEM SHALL MAINTAIN LEVEL ml 'GRADE. CONTRACTOR RESPONSIBLE FOR VERIFICATION. 5' i5' I PROPOSED ROOF AREA SHALL BE ORAINEO WITH GUTTERS "I AND DOWNSPOUTS, AND BE DIRECTED, TO INFILTRATION SYSTEM PER PLAN, 1 IF INFILTRATION SYSTEM FAILS; IT. SHALL BE REMOVED, Sir, REPAIRED; ANDIOR REPLACED AS NEEDED TO RESTORE N DESIGNED OPERATION. p THE USE OF BUNDLED EXPANDED POLYSTYRENE SYNTHETIC J O AGGREGATE UNITS IS PROPOSED TO CREATE STORAGE' 1 VOLUME FOR STORMWATER RUNOFF SUITABLE FOR R COMPLIANCE WITH TOWN ORDINANCE REQUIREMENTS. PROPERTY.OWNER'AND CONTRACTOR ACCEPT FULL ..HI RESPONSIBILITY FOR USE AND MAINTENANCE OF THIS p Of PRODUCT. MCGILL ASSOCIATES DOES NOT GUARANTEE THE St I INTEGRITY OF THIS PRODUCT. BUT OFFERS ITS USE AT THE 0 OWNER'S DISCRETION BASED ON REASONABLE DATA I PROVIDED BY THE MANUFACTURER. REFERENCES' - INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL III OFFICIALS OAPMO) STANDARD IAPMO IGC-17&]010: m I CERTIFICATION OF EZFLOW UNDER THIS STANDARD: 'PERFORMANCE OF CHAMBER AND EZ1200H SYSTEMS h COMPARED TO CONVENTIONAL'GRILYEL SEPTIC TANK SYSTETI8 m IN NORTH CAROLINA'• PUBLISHED BY,UESLER. BERKOWIT2; BEUSHER: AVERY. DOLE,'ARRINGTON. AND GRIMES. CONSTRUCTION S FINAL INSPECTION REQUIRED FOR Existing Bulkhead at Mean Hlgh Water Line per Map Cab. 90, Pg. 83 IF DECK HIM m' CAMA WOODEN' EG ALMAY . •./� - _ t''•. If-S9l ;' . . n 111LOT87RIVERSIDEDR.." ...7 W„ SHEET STORNWATER PI -AN C-101 A SSOCLAl ES FOn H r;INFlFiru.: uN-I�+; vU+e,'E CAROLINACRAFTSMAN HUTCHENS - LAW FIRM - HIGH PERFORMANCE LAW'" J. Scott Flowers Offices In: Attorney at Law FAYETTEVILLE, CHARLOTTE, WILMINGTON, NC I COLUMBIA, SC Phone: 910-864-6888 4317 Ramsey Street Fax: 910-867-8732 Fayetteville, NC 28311 Email: scott.flowers@hutchenslawfirm.com HutchensLawFirm.com P.O. Box 2505 Fayetteville, NC 28302 August 8, 2017 File No.: 1202583 Georgette Scott North Carolina Department of Environmental Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Permit Holder: Sunset Beach Holdings II, LLC Stormwater Management Permit No. SW8 040740 Ms. Scott: This law firm represents Sunset Beach Holdings II, LLC. I am writing in response to your Notice of July 11, 2017. Pursuant to your request, please find enclosed the following: (1) a recorded copy of the Covenants, Reservations and Restrictions-; of Ocean Club Estates Subdivision; (2) a recorded copy of the Amendment to the Covenants, Reservations and Restrictions of Ocean Club Estates Subdivision, which incorporates Compliance Condition II.6 of the Stormwater Management Permit; and, (3) the completed Permit Update Form changing the name of the project to Ocean Club Estates Subdivision. Please let me know if you need anything further. Thank you for your attention to this matter. Very truly yours, �. e- J. Scott Flowers JSF/psy Enclosures (3) Cc: Client ECEIVE AUG 14 49 BY• CANAL N FM,APCAi3 f t P� 358 NEW "- �8©m!� tl®©C®CG CiGl�O©d d6�8a Yrrlfd®®Z!©©d C®d Ra 'C 3�..��iL� I l� �� IM1111 ATLANTIC OCEAN IFP~T- i N.Yc.t P.a A T L A N T I C OCEAN 1N R! SUNSET BEACH ERBTERN ENO w BLOCK$ 4M40F,I$IIRa1KR RP W i � NNf f��eP[PPRGMLLR IPT.� IIIO 1 f' 1WUTu*T C. I bVTMM:PTMC. it IpM bMN TNNMI�S ��.N W W 1!1 � • IN �� m ROY COOPER Governor MICHAEL S. REGAN Secretary Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY July 11, 2017 Sunset Beach Holdings, II; LLC (permit holder & property owner) ATTN: Francisco Zarate, Manager JaneDean, LLC, Manager Zailant, LLC, Manager 2421 Howland Parkway, Suite 104 Virginia Beach, VA 23454 Subject: Notice of File Review / Request for Recorded Deed Restrictions Request for Permit Update Form Riverside Drive Subdivision (aka Ocean Club Estates) Stormwater Management Permit No. SW8 040740 Brunswick County Dear Mr. Zarate: TRACY DAVIS Director On September 2, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources transferred and reissued State Stormwater Management Permit No. SW8 040740 to you for Riverside Drive Subdivision. As part of that transfer; you agreed to comply with all conditions of the permit. A file review of the permit for the subject projects indicates that the following information has not been provided: 1. to the sale of the first lot. The deeds for the 10 lots that have been sold to date reference a restrictive covenant document recorded in DB'3775 at PG 861. However this document does not contain any reference to the permit -required deed restriction statements limiting built -upon area. Please amend the deed restrictions to include all of the statements found in Condition II.6 of the permit prior to the sale of any more lots. 2. Per Schedule ofComvliance Condition IT 7 of the Dermit. a CODv ofthe recorded deed copy of the recorded deed restriction document was not provided to the Division. Wit] 30 days of the successful recordation of the amended deed restrictions as stipulated above, please submit a copy to the Division. 3. Per General Condition III I of the permit the permittee is required to notify the Divis of any project name changes within 60 days. It appears that the project name has beer changed to Ocean Club Estates. If that is correct, please submit the completed Permit Update form available from our website: https:Hdeq.nc.pov/about/divisions/energy- Failure to notify the Division of any changes to the project and/or failure to record the deed restriction statements related to siormwater management prior to selling lots and/or failure to provide a copy of the recorded deed restrictions are violations of the permit, and are subject to enforcement action. State of North Carolina I Environmental Quality I Enorgy. ANncral and Lend Resources Wirnington Reglonal Office 112i Cardinal Drier Extension I Wilmington NC 28405 910796 721S State StormwaterPermit No. SW8 040740 Page 2 of 2 Please forward the completed Permit update form and a copy of the corrected and amended recorded deed restrictions to this Office at the address below by August 11, 2017. If the requested information is not received by the.due date, the project will be inspected and if it is found in violation, enforcement action may be initiated, which may include recommendations for civil penalties and/or revocation of the permit. Please be reminded that you are responsible for compliance with all of the permit terms, conditions and provisions until the Division receives and approves a request from the permittee of record to transfer the permit to a new developer, declarant, or to the HOA. If the project has not started construction, please advise. If you have any questions regarding this matter, please contact Linda Lewis in the Wilmington Regional Office at (910) 796-7215 or via email at linda.lewisnnedenr.2ov. Sincerely, Tracy Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:\\\Stormwater\Pennits & Projects\2004\040740 HD\2017 07 req_deed 040740 cc: Hugh Franklin, Registered Agent, Ocean Club Estates Property Owners Assoc. Inc. (19421-A Liverpool Parkway, Cornelius, NC 28031) Town of Sunset Beach Building Inspections Wilmington Regional Office Stonnwater File Slate of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1 127 cardinal Drive Extension I Wilmington. NC 28405 9107967215 Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PD Box 29M Raleigh,NC 27626-0622 (919)814-5400 Click Here To: View Document Filings Corporate Names Legal: Ocean Club Estates Property Owners Association, Inc. Non -Profit Corporation Information Sosld: 1517641 Status: Current -Active Annual Report Status: Citizenship: Domestic Date Formed: 5/17/2016 Registered Agent: Franklin, Hugh J. Corporate Addresses Reg Office: 19421-A Liverpool Parkway Cornelius, NC 28031 Reg Mailing: 19421-A Liverpool Parkway Cornelius, INC 28031 Mailing: 2421 Bowland Parkway #104 Virginia Beach, VA 23454 Principal Office. 2421 Bowland Parkway #104 Virginia Beach, VA 23454 Account Login Create -ite Account https://www.sosnc.gov/Search/profcorp/12193814 7/11/2017 State of North Carolina Department of the Secretary of State ARTICLES OF INCORPORATION NONPROFIT CORPORATION SOSID: 1517641 Date Filed: 5/17/2016 9:56:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 126 00301 Pursuant to §SSA-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. 1. The name of the nonprofit corporation is: Ocean Club Estates Property Owners Association, Inc. 2._ (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The name of the initial registered agent is: Hugh J. Franklin 4. The street address and county of the initial registered agent's office of the corporation is: Number and street: 19421-A Liverpool Parkway City: Cornelius State: N_ Zip Code: 28031 County: Mecklenburg The mailing address if differentfrom the street address of the initial registered agent's office is: Number and Street or PO Box: City: State: —NC Zip Code: County: 5. The name and address of each incorporator is as follows: Hugh J. Franklin: 19421-A Liverpool Parkway, Cornelius, NC 28031; 6. (Cheer a or b below.) �h a. ✓ he corporation will have members. b.[]he corporation will not have members. 7. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. 8. Any other provisions which the corporation elects to include are attached. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Revised September, 2013 Form N-01 9. The street address and county of the principal office of the corporation is: Principal Office Telephone Number: 757-962-4808 Number and Street: 2421 Bowland Parkway#104 City: Virginia Beach State: VA Zip Code: 23454 County: Virginia Beach City County The mailing address if different from the street address of the principal office is: Number and Street or PO Box: City: State: Zip Code: County: Primer Redaction 10. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided at no charge when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is being offered, please see the instructions for this document. O 11. These articles will be effective upon filing, unless a future time and/or date is specified: This is the 5th day of May 2016 Ocean Club Estates Property Owners Association, Inc (Incorporator Business Entity Name) Signature of Incorporator Hugh J. Franklin - Incorporator Type or print Incorporator's name and title. ifany NOTES: 1. Filing fee is $60. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626.0622 Revised September, 2013 form N-0/ Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organization or organizations organized and operated exclusively for religious, charitable, educational, scientific or literary purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c) (3) of the Code as the Board of directors shall determine, or to federal, state or local governments to be used exclusively for public purposes. Any such assets not so disposed of shall be disposed of by the Superior Court of the county In which the principal office of the corporation Is then located, exclusively for such purposes or to such organizations, such as,court shall determine, which are organized and operated exclusively for such purposes, or to such governments for such purposes. Return To: G. Grady Richardson, Jr. LAW OFFICES OF G. GRADY RICHARDSON, JR., P.C. 1213 Culbreth Drive Wilmington, North Carolina 28405 Telephone: 910.509.7166 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK IIIIIIIIIIIIIIIIIIIIIIIIIIIII�III�B °'B3�� JAM) AR M.Cl Brunsuick County, NC Regis ar or Deeds page 1 or 17 ' Bh T Rev In C0 cl cashs_ Pdn+._ Ca0$,Fitc^a__ .. OVr"asN�: rulWBnt6re tNplgaWerob>ntl'�4 f.'U::Ct:.,�.e.r,Meseakwn:rilrymlpirtalUn1�Un/�an(p%�- Im:mma .._.e..amlu be�epwg�DamtltY. �.ra GRANT OF NEGATIVE COVENANT TO THE TOWN OF SUNSET BEACH Ocean Club Estates Subdivision THIS COVENANT ("Covenant"), made and entered into this the 0- day of March 2017, by the OCEAN CLUB ESTATES PROPERTY OWNERS ASSOCIATION, INC., a North Carolina non-profit corporation ("POA"); and, SUNSET BEACH HOLDINGS II, LLC, a South Carolina limited liability company and JANE DEAN, LLC, an Alaska limited liability company (collectively, "Declarants'); and, BIG PINE HOLDINGS, LLC, a North Carolina limited liability company ("Lender'); and, the following persons and/or entities comprising the total fee simple owners and/or interest holders in the subdivision development (collectively, "Subdivision Owners') generally known and referred to as "Ocean Club Estates Subdivision," in Brunswick County, North Carolina as more particularly described in Deed' Book 3544 at Page 353 of the Brunswick County Register of Deeds Office ("Registry') located. along Riverside Drive in or about Block 40E of the Town (hereinafter, the "Subdivision'): ALBERT WEBSTER BLACK, a single person (owner of Subdivision Lot #26); Page 1 of 17 IIII IIII 111111111111111111111111111113882 POW a� za'Mo Brvs�iek Caunly, NC Regletar or geed. page 2 of 17 JANE DEAN, LLC, an Alaska limited liability company (owner of Subdivision Lots # 27-33 and also one of the aforementioned Declarants); SUNSET BEACH HOLDINGS Il, LLC, a South Carolina limited liability company (owner of Subdivision Lots # 34-35; 37-43; 45.49; 51-54; 56-57; 59; 61-78; 80-86; and 89-94 and also one of the aforementioned Declarants); CHARLES V. REED and wife, DANA S. REED (owners of Subdivision Lot # 36); RICK HARTLANDER and wife, BARBARA HARTLANDER (owners of Subdivision Lot # 44); SEAN SPENCER ST. CYR and wife, LORIE SEAN ST. CYR (owners of Subdivision Lot #50); JAMES W. WALLER and SHIRLEY D. SIMS (owners of Subdivision Lot # 55); MICHAEL E. MOORE and wife, KIMBERLY E. MOORE (owners of Subdivision Lot # 58); VENKATESWARAN VISWANATHAN and wife, PADMAPRIYA RAMASWAMY (owners of Subdivision Lot # 60); VINCENT BARILLA and wife, KAREN A. BARILLA (owners of Subdivision Lot # 79); MICHAEL T. FARASY and wife, KELLY FARASY (owners of Subdivision Lot # 87); and, DARLENE MARCKISOTTO, a single person (owner of Subdivision Lot # 88) The above -referenced POA, Declarants, Lender, and Subdivision Owners shall be collectively referenced herein as "Covenanting Parties." WHEREAS, the aforementioned Subdivision is located within the Town of Sunset Beach (`Town") and is subject to the Town's Unified Development Ordinance, zoning and other land use rules, regulations, and authority. WHEREAS, the aforementioned Lender holds a purchase money deed of trust and security interest in and to portions of the real property and related interests comprising the Subdivision. WHEREAS, the Subdivision's aforementioned POA, Declarants, Lender, and Subdivision Owners am. all subject to and bound by, inter alia, the "Covenants, Reservations and Restrictions of the Ocean Club Estates Subdivision," recorded in Deed Book 3775 at Page 861 of the Registry, the terns and provisions of which are fully incorporated herein by reference. Page 2 of 17 .17 4rJeWn2 P010'a s 00 Brunswick County, Re Register of needs page 3 of 17 WHEREAS, the POA, Declarants, Lender, and Subdivision Owners are all of the persons and/or entities that hold any and all interests in ownership, rights, title, use and enjoyment in the Subdivision. WHEREAS, a dispute arose between the Town and the POA, Declarants, Lender, and Subdivision Owners concerning the zoning districts and boundaries for various portions of the Subdivision (hereinafter, "Zoning Dispute") and the Town, POA, Declarants, Lender, and Subdivision Owners entered into a Memorandum of Agreement with respect to the Zoning Dispute, which is incorporated herein by reference. WHEREAS, on or about 15 December 2016, the Town, byand through its staff and in its capacity as applicant, filed and initiated a proposed re -zoning of the property comprising the Subdivision, which was approved on $—(o-Z6 n by the Town Council for the Town pursuant to the North Carolina General Statutes and Town's Unified Development Ordinance ("Rezoning Application"). The approval of the Rezoning Application completely resolved all aspects of the pending Zoning Dispute involving the Subdivision with regard to any potential claims by any of the Parties hereto against the Town. WHEREAS, the Town's Rezoning Application was approved by the Town Council, and pursuant to the aforementioned Memorandum of Agreement, the Covenanting Parties do hereby grant, bargain, convey, and transfer the following negative restrictive covenant in favor of the Town: Covenanting Parries all collectively and expressly represent, warrant, covenant, stipulate, and convey to the Town that they shall never seek and/or support in any manner whatsoever any legislation similar to the de -annexation legislation previously proposed in May 2016 before the North Carolina. General Assembly that was known and generally referred to as North Carolina Senate Bill 875 for anypart of and/or comprising the Subdivision (collectively, "Restricted Property"). The Covenanting Parties' covenant shall be construed as broadly as possible to forever prevent and preclude any removal of any portion of the Subdivision from the Town's municipal boundaries, limits and authority. This covenant in favor of the Town shall run with and be binding upon the Covenanting Patties, their Restricted Property, and their respective heirs, successors, and assigns. IN WITNESS WHEREOF, the Covenanting Parties have caused this Covenant to be executed on behalf of themselves, individually, and/or through their respective, duly authorized officers upon duly passed corporate resolutions as of the day and year first above written. Page 3 of 17 BOOK:3775 PAGE:861 12:5 15.00u Pnge 1 of 14 Btentle mnon M. Cie ,s. Bn, nswid, County Reg i step of Oeeds t NORTH CAROLINA Submitted electronically by Hugh Franklin in compliance with North BRUNSWICK COUNTY Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds COVENANTS, RESERVATIONS AND RESTRICTIONS Of Ocean Club Estates Subdivision This Declaration of Covenants, Reservations and Restrictions ("the Declaration") made this the 31 st day of May 2016, by Sunset Beach Holdings II, LLC a South Carolina limited liability company and Jane Dean, LLC an Alaska limited liability company, ( hereinafter collectively "Declarant"); and Big Pine Holdings, LLC, a North Carolina limited liability company, hereinafter called "Lender" WHEREAS, the Declarant is the owner of the Teal property described in Article I of this Declaration. Lender is the holder of that certain note secured by a Deed of Trust on the property described in Article I, (with the exception of lots 27-34), and is joining in the execution of this instrument solely for the purpose of consenting to the imposition of this Declaration upon all of the lots contained within the property described in Article I. WHEREAS, in order to provide a comprehensive document relevant to the establishment of an aesthetically pleasing development, and for the benefit of the Declarant, and in anticipation that the Declarant will in due course turn over all Declarant rights to the Ocean Club Estates Property Owners Association, Inc. the undersigned Declarant, with the consent of the Lender, by this instrument declares that from the date this Declaration is recorded in the office of the Register of Deeds of Brunswick County, the property described in Article I shall be held, conveyed, acquired and encumbered subject to the terms and provisions hereof, all of which shall run withthe real estate and bind and inure to the benefit of all current owners and perspective purchasers and parties who have or may acquire any right, title, estate or interest in or to any of such real estate or who have or may acquire any right or occupancy of or interest upon any portion thereof, all subject to the right of the Association or the Declarant to amend this Declaration according to its terms. ARTICLE 1 Ocean Club Estates Subdivision The real property ( the "Property") which is and shall be, held, transferred,sold and conveyed subject to this Declaration is located in Brunswick County, North Carolina, is known as Ocean Club Estates Subdivision and is more particularly described as follows: Located in Brunswick County, North Carolina, and being all of the property conveyed by deed dated July 2014 and recorded in Deed Book 3544 at Page 353 of the Brunswick County Registry. The Property also includes a permanent and exclusive easement granted in favor of the Ocean Club Estates Property Owners III III I III IIII ' II BOOK:3775 PAGE:862 12-5315aoe Page 2 of la Brenda M. ❑einmons. Brunswick Couwy Register of eeeds E Association, Inc. for use, maintenance and enjoyment of that certain area consisting of two islands which are accessed by a Boardwalk, and which are generally shown as Block 40-F on Plat recorded in Plat Book H at page 358 of the Brunswick County Registry. The Property is sometimes referred to herein as the "Subdivision" or "Development." Each individual numbered lot as shown on the above described plat, or on any amended plat of the Property is referred to herein as a "Lot." ARTICLE 11 Definitions 1. "Association" or "Property Owners Association' means the Ocean Club Estates Property Owners Association Inc, a Non -Profit Corporation organized under the laws of the State of North Carolina. The membership of the Association shall consist exclusively of all the lot owners and the Declarant. 2. "Declarant' is Sunset Beach Holdings 11, LLC, a North Carolina limited liability company, their successors and assigns as to Lots 35 through 94, and Jane Dean, LLC, an Alaska limited liability company, their successors and assigns as to Lots 27-34. All special declarant rights as herein defined may be transferred only by written instrument recorded in Brunswick County, North Carolina, executed by transferor, or by other means in accordance with the North Carolina Planned Communities Act. 3. "Common Area" or "Common Element' means any real estate within Ocean Club Estates Subdivision, other than a lot, owned by the Association either by fee title or by ownership of a permanent easement. Common Area specifically includes rights of way held for, and roadways,constructed for the general use of lot owners, and any associated parking areas or other areas intended for the common use of all the lot owners. During the period of Declarant control, the Declarant shall retain the exclusive right and power to modify, decrease or add to the Common Areas or Common Elements so long as access to any previously conveyed lot is not impaired, access to the Common Areas is substantially unchanged, and so long as the rights of lot owners to enjoy their own lots are not materially affected by such change. 4. "Common Expense" means expenditures made by or financial liabilities of the association, together with any allocations to reserves. 5. "Common Expense Liability" means the liability for common expenses allocated to each lot as permitted by this declaration, by the Act, or otherwise by law. 6. "Lot' means an individually numbered lot shown on recorded plats . 7. "Lot Owner" means the Declarant or other person who owns a lot, but does not include a person having an interest in a lot solely as security for an obligation. 8. `Planned Communities Act' or the "Act' means the N.C. Planned Communities Act, codified as N.C.G.S. Chapter 47-F. This Declaration incorporates the same by reference, and the same shall apply to the extent not inconsistent with this Declaration. In the case of any inconsistency this Declaration shall control. 9. "Special Declarant Rights" means rights reserved for the benefit of the Declarant including, without limitation, the right (i) to complete improvements indicated on plats or referenced in disclosures; (it) to exercise any development right; (iii) to maintain sales offices, management offices, signs advertising the planned community, and models; (iv) to use easements through the common elements or across lots as designated on recorded plats for the purpose of making improvements within the planned community or within real estate which may be added to the planned community; (v) to appoint or remove any officer or executive board member of the Association, or (vi) to amend the subdivision plat or this Declaration during the period of Declarant control. ARTICLE III Owners Easement of Enjoyment Every owner of any lot shall have as an appurtenance to such lot or lots, a right and easement of enjoyment in and to the common areas, including roadways, easements and rights appurtenant to the Property described in Article 1, which shall be appurtenant to and shall pass with the title to every lot, subject to the following reservations: 1. Easements, restrictions, reservations and rightsof way as may actually exist, including but not limited to utility easements, setbacks, restrictions and subdivision roadways, shown on the subdivision plats or set out in this Declaration. II I I III I I I II I I I I 'll BOOK:3775 PAGE:863 °z:°3 1s°ucc Page 3 of 14 Brenda M1I, Clenmrons. Bmuswick County Register of Deeds E 2. Rights reserved herein to the Property Owners Association, including but not limited to the following: a) The right to impose reasonable regulations on the use and enjoyment of the lots and of the common areas, b) The right to suspend an owner's voting rights or rights to use the common areas, for non-payment of any assessment or for infraction of the published rules and regulations of the Association. Owners shall have rights to review and appeal such actions by the Association in accordance with the provisions of the Act and as otherwise allowed by law. c) In order to insure uniform, attractive and consistent maintenance of bulkheads, the Association shall have the exclusive right and easement to maintain the bulkheads that constitute the boundary of all the lots, together with the bulkheads that lie north or Riverside Drive. Such exclusive maintenance easement shall also apply to the strip of land that lies north of Riverside Drive. d) All those portions of Lots 45, 46, 47 and 48 lying north of the southern margin of the private street, and within the area enclosed by the existing bulkheads shall be subject to a permanent and exclusive easement in favor of the Ocean Club Estates Property Owners Association, Inc. for use as a common area. The Association shall have the right to improve and maintain the area for common use for parking, or for such other recreational purposes as may be from time to time authorized by the members. 3. Rights reserved to the Declarant as set forth herein. 4. No portion of any of the subdivision, including any lot or common area, shall be used as a road right of way or easement for the purpose of connecting or accessing any adjoining property which is not part of the subdivision, without the express written consent of Declarant or the Association, which must be recorded in the Office of the Register of Deeds for Brunswick County, North Carolina. 5. The Association and the County of Brunswick shall have those easements for access, maintenance, installation and repair of utilities, including drainage facilities, as shown on Plat recorded in Plat Book 90 at Page 87-88. 6. There are 10 foot drainage easements in favor of the Association along every other lot line and centered on the side lot lines as shown on Plat Book 90 at Page 81-84.. 7. The rights of the Association, or other organization having jurisdiction, to reasonably regulate the use and maintenance of permitted dock facilities constructed on any lot. 8. The developer reserves the right to re -plat and re -divide any lots or to change portions of the roadways as necessary and appropriate to provide access to all lots and to provide the most advantageous use of each lot. This right includes the right to eliminate and convey any cul-de-sac or to provide additional roadways either as part of the common area, or as private drives for the use of specified lots. 9. The developer reserves the right to modify any common area shown on the plat and to convey some portion of the same to private use, or to add additional common areas which shall be maintained by the Association. 10. Per Division of Water Quality Storm Water Permit No SW8040740MOD, each lot is permitted for a specified maximum area of built -upon area as shown on such permit and on Plat Book 90 at Page 81 of the Brunswick County Registry . There is a 30 foot C.A.M.A buffer measured from the mean high water line on each lot that governs placement of impervious surfaces on each lot. This buffer width may be reduced if applicable per Coastal Resources Commission Rule 7H.0209(d)(10)(L). CAMA setbacks shall be determined on an individual basis at the time development is proposed. The town of Sunset Beach has granted variances to each lot defining the front, side and rear setback lines, and the buildable area of each lot. 11. Proposed docks onto links Creek Feeder Canal are subject to an established pier head alignment governed by the Town of Sunset Beach. 12. Assumption of Risk. Property Owners as well as family members and guests of Property Owners hereby in consideration for the use and enjoyment of any common amenity, assume all risk associated with the use of all Common Areas and amenities of the Development, including the boardwalk, the islands maintained in their natural state, the kayak dock facilities, any facilities added to increase or improve enjoyment thereof, or any of the bulkheads maintained, or intended to be maintained by the Association. Owners hereby indemnify and hold the Association, its officers, agents and members, harmless against all claims and causes of action arising out of injuries to persons or to property occurring in the use of the Common Areas and amenities. The Association reserves the right to require any person to sign a Liability Waiver and Release as a condition precedent to the use of the Common Areas for recreation. II III II'll I I I I I I I II I I I'I I'll 1100K:3775 PAGE:864 12:53 1t 0 00 Page 4 of ) 4 Brenda M. Clemmous. 8 ruuswick County Reglstei of Deeds E 13. Rules and Regulations. The Association may promulgate additional rules and regulations governing the use of land within the Development. All such rules and regulations shall be published to each Owner in a manner calculated to provide reasonable notice. ARTICLE IV Protective Covenants 1. No Lot shall be used except for residential and recreational purposes. The lots, and all development thereon are subject to, in addition to this Declaration, the Ordinances of the Town of Sunset Beach. It shall be a requirement of this Declaration that notwithstanding any provision contained herein, all development or improvement of any lot be performed in accordance with all local ordinances. 2. No lot shall be subdivided. With specific written approval from the Declarant or the Association, any two or more contiguous lots may however be combined. A re -combination survey shall be submitted to the Association for approval, and approved according to the standards set out in this section. Upon approval, all setback lines and other use restrictions shall apply separately to the resulting lot as if the same had been an original lot. The resulting lot shall incur only one Association assessment and shall have only one individual membership right in the Association. Provided however, whenever two or more lots shall be so combined, the owner thereof shall pay an increased amount of annual assessments amounting to $31.19 per month for each lot combined, so that the payments made by the Association for the use of the boardwalk common area shall not be decreased on account of such combination. 3. No swine, livestock or poultry shall be raised or bred'on any lot; however household pets such as cats or dogs, are permissible provided they are not bred or maintained for commercial purposes and are not allowed to constitute a nuisance to Lot Owners. 4. Neither the roadways in Ocean Club Estates Subdivision nor any lot or any part of the common area shall be used for recreational ATV or off road motorcycle riding. It is permissible however to ride golf carts or ATV's on the roadways as a means of convenient transportation to and from the common area so long as the same have sufficient mufflers to contain excess noise, and they are operated at low speeds and in a responsible manner. 5. Each Lot owner shall maintain any improvements placed upon any Lot including areas grassed or sodded, and no unsightly or dilapidated buildings or other structures shall be permitted on any Lot. No parking or storing of any junked, inoperable or unlicensed automobiles, trucks or heavy equipment is permitted on any Lot or road in the Development. 6. No residence shall be erected, constructed, maintained, used or permitted to remain on any Lot other than one single-family dwelling. Any residence must be approved by the Architectural Control Committee (hereinafter "ACC") and follow the guidelines set forth in this declaration and as promulgated by the Town of Sunset Beach. Once construction has begun on said dwelling, all exterior construction must be completed within one (1) year of the commencement of construction. 7. No more than one outbuilding may be constructed on any Lot. Said outbuilding shall be used only for the purposes of housing boats, cars, RVs or lawn and garden equipment. Said building must be constructed in a workman -like manner and may not be constructed more than one year prior to construction of the main residence. This building must be enclosed on at least three sides and the top with some sort of door, which would thus close in all four sides of the building, and must be approved by the ACC. M 1100K:3775 PAGE:865 1z::S3:15.0DO 1a 9e c of 14 Brenda M. Clenm,ons. BruusvicA County Register of Deeds E 8. Pools. No above ground pools or inflatable bubble covers will be allowed. Pools, if permitted, and enclosures should relate architecturally to the home and other structures in their materials and detailing. 9. Parkin . No on -street vehicular parking shall be permitted except in accordance with express authority or reasonable standards, which may be established by the Association. Each Owner shall provide off-street parking space for at least two (2) vehicles prior to the occupancy of any Residential Unit constructed on any Lot. All boats, motorcycles, trailers, travel trailers, campers, or other recreational vehicles parked on any Lot shall be parked off street, and no such trailer, camper, travel trailer, motor home, or boat shall be allowed to remain on any lot for a period of more than 5 days. Non -operating vehicles, equipment, unused objects or apparatus shall not be permitted to remain on any Lot. 10. Any grading or other land use which creates erosion runoff into streams or other Lots is prohibited, including any such activity in conjunction with construction of any improvement. Any grading performed in violation of any county, state or federal ordinance, statute or regulation shall be deemed to be a noxious or offensive activity and may result in fines by the Association or by the ACC, or in a civil action to enjoin such activity. 11. Any land disturbing activity shall comply with the rules of the North Carolina Division of Environmental Protection, and as set forth in the North Carolina Administrative Code, and with the Stormwater Permit referenced hereinabove. Any such activity may also be subject to ordinances of Brunswick County or the Town of Sunset Beach which protect the area from excessive erosion, groundwater depredation, and ground instability. In the case of any conflict between these restrictions and such State or Local Law, the more restrictive provisions shall apply. 12. Any improvement to any lot, including the construction of any home, must be approved by the ACC before any site work has been started. No single -wide or double -wide mobile homes/manufactured homes, modular buildings, previously constructed homes, buses or systems built homes shall be placed on or shall be allowed to remain on any lot within Ocean Club Estates Subdivision 13. No well for the production of, or from which there may be produced, oil, gas or minerals shall be dug or operated upon any Lot not owned by Declarant, nor shall any machinery, appliance or structure ever be placed, operated or maintained thereon in connection therewith, nor shall there be any subsurface mining or drilling activity thereon; provided further that the prohibition against drilling activity shall not include any drilling or excavation activity associated with the installation of utilities and communication facilities and any activities associated with soil testing, construction of building foundations or master drainage control. 14. No solar energy collector panels or attendant hardware or other energy conservation equipment shall be constructed or installed on any Lot unless it is an integral and harmonious part of the architectural design of a structure, and has been approved in advance by the Architectural Control Committee. 15. All clotheslines, garbage cans, above -ground tanks, woodpiles, and other similar items shall be located or screened so as to be concealed from view of the other Lots, streets and areas in the Development outside the Lot on which such items are located. Each Lot owner shall provide closed sanitary receptacles for garbage and all rubbish, trash, and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Furthermore, no bedding or clothing of any type, nor any towels, clothes or other items of wearing or cleaning apparel, or any mops, brushes, brooms or other types of cleaning apparatus shall be hung or placed outside of any structure located on any Lot in the Development in such a manner as to be visible from any street, or other Lot or area located in the Development. 16. After any improvements are made to any lot, the owner shall keep and maintain such lot in a neat and well - maintained condition, free of unsightly undergrowth, brush piles, felled trees and the like, and shall keep yards and other open areas of the lot neatly trimmed and either mowed or landscaped. BOOK:3775 PAGE:866 121;8„°16. Page 6 of 14 Brenda %I. Clennnons. aruusw¢A CouttV Register of needs E 17. No Lot or Lots within the Development shall be used for the establishment of a hunt club and no property within the Development shall be used for the purpose of hunting. Hunting is not allowed at any time or on any part of the subdivision, and no firearm shall be discharged within the Development. 18. No trade, commerce or other activity which may be considered a nuisance to the neighborhood may be carried on upon any Lot. It is permissible to operate a home -based business, provided that deliveries to the home do not exceed two (2) UPS, Federal Express or similar express carrier per day. No trade materials or inventories may be stored upon any Lot and no tractor trailer type trucks, house trailers or mobile homes may be stored or regularly parked on any Lot. No junk or unsightly vehicles of any type or description or unsightly buildings may be placed upon any Lot. Home -based businesses shall be allowed to store small inventories within the residence or enclosed outbuilding situated on the Lot. No advertisements or signage of any kind will be permitted on any Lot for home -based businesses. 19. The Declarant reserves the right to erect any signs in Ocean Club Estates Subdivision. Signs may be erected by individual Lot owners but must meet the following criteria and must be approved by the ACC: • Signs must be neat, clean and made of metal or wood material only. • Signs must measure one (1) foot by one (1) foot in size. • Signs must be of tan or beige color for the background of the sign with the border of the sign in black. • Lettering for the sign must be black in color and said lettering must be professional in. appearance. • Signs must be mounted on a four (4) inch by four (4) inch pressure treated timber. Sign cannot be mounted on any tree. • Only one (1) "For Sale" or "For Rent" or similar sign for the sale or rent of a property may be placed on a lot at any given time. • Builders may erect a sign only during construction of the home and said sign must follow the above criteria. • Name and address signs do not have to abide by these criteria, but must be neat, clean and made of metal or wood material. Name and address signs must also be of earth -tone colors and/or white and red. • Declarant is not required to follow the above criteria when placing signage within Ocean Club Estates Subdivision. • Signs can be placed only on individual Lots. Directional signs or any signs for advertisement at the entrance and road intersections are prohibited. Any exceptions of this covenant must be approved by a majority vote of the officers of the Association. • No "For Sale" signs may be erected on any Lot until Declarant has conveyed all lots within Ocean Club Estates Subdivision unless written approval has been given by the Declarant. Any "For Sale" signs erected on any lot within Ocean Club Estates Subdivision before conveyance of all lots and without written approval by the Declarant may be removed by the Declarant. ARTICLE V Architectural Control and Standards There is hereby established an Architectural Control Committee (hereinafter "ACC" ), which shall be appointed by the Executive Board. 1. No improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot, nor shall any construction be commenced thereon until plans for such improvements have been approved by action of the ACC in accordance with the provisions herein; provided however, that improvements and alterations completely within the interior of a building may be completed without approval. 2. If damage and/or wear and tear to subdivision roadways are determined by the ACC to be attributed to construction of any improvement, then the property owner for whose benefit the improvement was made will be liable for any costs of repair. on III II II IIIII II II II II II II 1100K:3775 PAGE:867 1OG 2:5315`..0N Pane ) of 14 Brenda M. Clennnons. 6runs,md. Caunpy R,I,u, of Deeds E 3. The term "Improvements" shall mean and include structures and construction of any kind, whether above or below the land surface, such as, but not limited to, buildings, outbuildings, water lines, sewers, electric and gas distribution facilities. 4. Any Lot owner who commences to build without written permission and stamped plan approval from the ACC is subject to a fine of $100.00 per day for every calendar day from date of starting construction (i.e. digging footings, clearing Lot to build) until receipt of approval letter from the ACC. The ACC reserves the right to bring legal action against Lot owners who start building without approved plans. 5. Any land disturbance must be stabilized within twenty-four (24) hours, failure of Lot owner or owner's agent to stabilize disturbed area shall result in a fine of $100.00 per day levied by the ACC or the Association. 6. The ACC has created "Building Standards" which describe construction standards to be used as the criterion for the approval of proposed improvements. The ACC or the Association shall have the power to modify, alter,supplement, or amend. Building Standards at any time by an affirmative vote of sixty- seven percent (67.0%) of Lot owners voting in person or by proxy at a regular or special meeting called for the purpose of considering the amendment of such Standards, but such change shall not beteffective as to improvements, which have previously been approved. Declarant shall the power unilaterally to modify, alter, supplement or amend Building Standards at any time until they have conveyed all lots within Ocean Club Estates Subdivision. 7. The actions of the ACC through its approval or disapproval of plans, and other information submitted pursuant hereto, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. _ 8. All communications and submittals shall be addressed to Ocean Club Estates Subdivision ACC, at such address as the ACC shall hereinafter be designated in writing. The ACC shall reply in writing to all plan submittals within thirty (30) days of receipt hereof. The ACC shall have 30 days to approve complete plans that have been submitted by Lot owner(s) or builder. Contractor Responsibilities: • Contractor must have proof of insurance; to include but not limited to automobile, workman's compensation, and liability insurance of no less than one million dollars. • Contractor may be required to provide references to ACC prior to plan approval. • Contractor must provide one (1) portable toilet for each job site within the development. The contractor must present a maintenance agreement, which allows for weekly dumping/cleaning of portable toilet. • Contractors must have a dumpster on site for each job site. Trash and excess/waste building materials shall be placed in dumpster at the end of each working day. • The ACC reserves the right to levy fines of S100 per day against contractors who do not adequately clean building site or do not have a functioning portable toilet. • Building materials cannot be placed within road rights of way or utility easements. • Contractor must assume liability for all construction vehicles that enter Ocean Club Estates Subdivision en route to their job site, specifically overweight vehicles that damage road surface and negligence of operators. Concrete truck weight limit is 5 yards per truck. • Contractor is responsible for actions of any/all subcontractors. • Contractors/subcontractors are responsible for any cut, break or damage to underground utility caused by their negligence. Lot Owner Responsibilities: • Present 2 copies of blue line schematic drawings of home to ACC. Colors used on exterior of home must be included and color samples may be required. • Present all materials requested on attached Architectural Control Checklist to the Ocean Club Estates. Subdivision ACC. • Have permission of ACC before commencement of construction. • Lot owner is responsible for agents, employees, contractors, subcontractors and assigns. • Prior to commencement of any work, and as pan of theconstructionapproval process, the owner or the owners general contractor shall post in favor of the association, a bond of no less than $5,000.00 to secure I'III I II II II I II ' I II 'll BOOK:3775 PAGE:868 °Z%0:15.01Ue Faae s cf la Brenda M. ❑emmnw os. Br11,11ck County R1,1111r of Deeds E repairs or damages to pavement, signage or other common or other property caused by any action of the owner or any agent or contractor. • If the lot has been improved (built upon), then the owners of the improved lot shall maintain their lot (s) to neatly kept and mowed condition. All stumps, brush piles and debris shall be removed from the lot. Architectural Control Checklist: Below is a checklist of items needed for house plan approval from the Architectural Control Committee (ACC). Preliminary Approval: • 2 copies of preliminary site plan disclosing location of all improvements to be placed on lot , including a landscaping plan (one copy will be returned to you and one copy will be kept and placed in your file) Final Approval: • 2 copies of schematic drawings of home (locating improvements on lot, showing elevations on all four sides, color schemes, building materials, and all site improvements, is recommended) (one copy will be returned to you and one copy will be placed in your file). -• Contractor/Builders name • Proof of insurance (builders risk, auto & liability, workmen's compensation) • $5,000.00 bond mentioned above. • List of Subcontractors to be used • Copy of portable toilet and dumpster contract or receipt of payment • Copy of signed disclaimer from Contractor • General description of building materials Upon receipt of all the above items, the ACC will respond within 15 days for Preliminary Approval and 30 days after all documents have been received for Final Approval. Copies of your correspondence to the ACC will be kept and placed in your file. Neither the ACC, nor any member, employee or agent thereof, shall be liable to any owner of a Lot or to anyone submitting plans for approval or to any other interested party by reason of mistake in judgment, negligence, or nonfeasance in connection with the approval, disapproval or failure to approve any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone who submits plans to the ACC for approval agrees not to bring any action or suit to recover any damages against the Declarant, the ACC, or any partner, member, employee or agent of the Declarant or the ACC. The ACC may make exceptions to the provisions herein, when, in its sole discretion, such exceptions would not be in conflict with theintended character of the property subject to this Declaration when fully developed and occupied in accordance with the developer's plans and objectives therefore. ARTICLE VI Powers and Duties of the Owners Association The Ocean Club Estates Property Owners Association Inc., (the "Association"), shall have and exercise all of the rights, powers and authority set forth in the Act, and in particular N.C.G.S. 47F- 3-102 The Association shall have the following duties and obligations; 1. The Association shall cause the common elements, including the subdivision roadways, the area north of Riverside Drive, all bulkheads, the entrance landscaping and gate, and any other common areas to be maintained, repaired and replaced when necessary, to assess all lot owners, equally as necessary, and to recover the costs of such maintenance, repair or replacement as herein provided; 2. The Association shall keep financial records sufficiently detailed to enable the association to comply with the Laws of the State of North Carolina with respect to Non -Profit Corporations, and shall make such records reasonably available for examination by any lot owner and the authorized agents of such lot owner. BOOK:3775 PAGE:869 12:` 3815.0000 Pa 9e 9 of 14 Brenda M. Cleminmu. Br WIiWICk Comity Re9wer of Deeds E Such records shall include records of meetings of the association and the executive board, cash receipts and expenditures, and all assets and liabilities. The Association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge within 75 days of theclose of the fiscal year. An audit of the associations books and records for the current or immediately preceding fiscal year may be required by a vote of the executive board, or of a majority of the lot owners voting at any annual meeting or special meeting duly called. 3. In addition to the limitations contained in North Carolina Law, no financialpayments, including payments made in the form of goods and services, may be made to any officer or member of the executive board or to a business, business associate or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payment for services or expenses paid on behalf of the association which are approved in advance by the executive board. 4. The Association shall maintain casualty and liability insurance in such amounts and on such common elements as are insurable. 5. Conveyance of Common Area to the Association. At the discretion of the Declarant, the Declarant may at any time convey any or all of the Common Area to the Association. 6. Enforcement of Governing Documents. The Association, or any non -breaching Owner, shall have the right, but not the obligation, to proceed at law or in equity to compel compliance with the provisions of this Declaration or to prevent the anticipated violation of the terms of provisions of this Declaration by any Owner. In addition to seeking remedies at law, the Association, or any non -breaching Owner, or any of them jointly or severally, shall have the right to proceed in equity, including making application to the appropriate court of competent jurisdiction for immediate injunctive relief, in order to compel specific performance of the terms herein or to prevent the violation or breach of such terms by any Owner or other persons. In the discretion of the Court, the prevailing party or parties shall be entitled to recover from the losing party or parties the costs and expenses of any action at law or equity, including reasonable attorneys' fees. 7. Immediate Correction. In addition to the foregoing, the Association shall have the right, but not the obligation, whenever there shall have been built on any Lot any structure which is in violation of this Declaration or without the prior approval of the Architectural Review Board, to enter upon such Lot and correct or remove such violating structure at the expense of the Owner. Any such entry and abatement or removal shall not be deemed a trespass. 8. The Association shall cause a meeting of the members to be duly called and held in accordance with this Declaration at least once each year., provided however, during the period of Declarant control there shall be no requirement that meetings held except at the discretion of Declarant. ARTICLE VII Executive Board Powers and Duties There shall be an Executive Board of the Association, which shall consist of at least three members, a majority of which shall be members of the Association. The Executive Board shall have all of the duties and powers set forth in the Act, and in particular, N.C.G.S. 47F-3-103; 1. Notwithstanding any provision to the contrary, no action of the Association or the Executive Board, including the proposal or approval of any budget, shall be effective to raise annual assessments by more than five percent (5%) unless such budget or assessment increase shall be ratified by the affirmative vote of a majority of the lot owners present in person or by proxy at an annual or special meeting called for the purpose of considering such increase, and at which a quorum is present. - ARTICLE VIII W BOOK:3775 PAGE:870 05!12:;81016e Paoe 10 of 14 Brenda M. Clennnons. Bruuswlck County Regmlel of Deeds E Association Meetings, Membership and Voting Rights 1. After the period of Declarant control, in addition to the annual meeting, a meeting of the Association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%) of the votes in the association. Not less than 10 nor more than 60 days in advance of any meeting the secretary shall cause notice to be hand delivered or sent prepaid by U.S. mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by electronic mail over the Internet to an electronic mailing address designated in writing by the lot owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. 2. Except as hereinafter provided for amendments to this Declaration, a quorum is present throughout any meeting of the Association if persons entitled to cast twenty percent (20%) of all the authorized -votes are present in person or by proxy at the beginning of the meeting. 3. In the event business cannot be conducted at any meeting of the association or the executive board because a quorum is not present, that meeting may be adjourned to a later date by the affirmative vote of amajority of those present in person or by proxy. The quorum requirement at the next meeting shall be one-half of the quorum requirements applicable to the meeting adjourned for lack of a quorum. This provision shall continue to reduce the quorum by fifty percent (50%) from that required at the previous meeting, as previously reduced, until such time as a quorum is present and business can be conducted. 4. - Meetings of the association and the executive board shall be conducted in accordance with the most recent edition of Robert's Rules of Order. 5. Except for lots owned by Declarant during the period of Declarant control, each lot in Ocean Club Estates Subdivision is entitled to one vote in the Association. If only one of the multiple owners of a lot is present at a meeting of the association, the owner who is present is entitled to cast such vote. If more than one of the multiple owners is present, the vote may be cast only in accordance with the agreement of a majority in interest of the multiple owners. Such majority interest is conclusively presumed if any one of the multiple owners casts the vote without protest being made promptly to the person presiding over the meeting by any of the other owners of the lot. 6. Votes may be cast by written proxy executed by any lot owner. If a lot is owned by more than one person, each owner may vote, or may register protest to the casting of votes by other owners, by proxy. A lot owner may not revoke a proxy except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated. Every proxy expires 11 months after its date, unless a shorter term is specified in the proxy. 7. No votes may be cast on behalf of lots owned by the Association. 8. The Association or the Executive Board may by aflirulaLive action, delegate to one or more committees the responsibility for any authorized actions, so as to facilitate efficient and effective management of the Association. ARTICLE IX Assessments for Common Expenses 1. Creation of the Lien and Personal Obli ae tion. Each Owner of any Lot by acceptance of a deed to such Lot, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay to the Association (1) Assessments, (2) Special Assessments, , and (3) the charges and costs herein outlined for noncompliance and/or cure of non-compliance. Responsibility for timely payment of all Assessments and Special Assessments and other charges or costs as herein provided is the personal responsibility and liability of the Owner of each Lot, and a claim of lien against the Lot shall arise immediately out of the non-payment of such assessments, charges, fees and costs. 2. Common expenses shall be assessed against all lots equally, except that no assessment shall be made on any ]or owned or beneficially controlled by the Declarant. Until the Association shall make a different common 10 16 II II III II II IIIIII II III II I I III 100K:3775 PAGE:871 12;s;;.000 Floe 11 of 14 6®nda %f. Clemmon s. aruusrvicA County Re,we, of need, E expense assessment, the annual assessment for common expense shall be $1100.00 per lot per year, pro- rated for the remaining portion of any given year when a lot is purchased from Declarant. 3. Payments of annual assessments by Ocean Club Estates owners shall be due 30 days after the beginning of the fiscal year, or otherwise as determined by the Association. Any assessment levied against a lot whether annual assessment or special assessment, which remains unpaid for a period of 30 days or longer shall bear interest at the rate of eighteen per cent (180/.) per year from the due date thereof, and shall constitute a lien on that lot when a claim of lien is filed in the office of the Clerk of Superior Court of Brunswick County, North Carolina. 4. Special Assessments shall be approved by no less than a majority of the lot owners voting in person or by proxy at a meeting duly called for consideration of such assessment. Provided however, there shall be a special assessment that is contained within the initial common assessment amounting to 531.19 per lot per month, or $374.28 per year for each lot not owned by the Declarant. Such special assessment is designated to pay the owner of the boardwalk amenity area for the use and enjoyment of such area, and shall be paid by the Association to such owner each year from collected assessments. Such assessments shall be first due on March 1, 2017 and shall continue until the last payment is made on March 1, 2026. 5. Service charges, late charges and other all other charges imposed on a lot or lot owner by the association as fines, fees, special assessments, penalties or the like under the provisions of Article constitute a similar lien, bear the same interest, and are enforceable under this Article as annual assessments, except as limited by the provisions of law. 6. The Association may collect and enforce any and all such assessments against Ocean Club Estates owners by civil action, by foreclosure under North Carolina Law, by judicial foreclosure, or otherwise as provided by law. In any such action the Association may include and shall recover costs or expenses of collection or foreclosure, including reasonable attorney's fees. The collection of attorney's fees in any such action is limited by the requirement in such General Statute that notice of intent to seek attorney's fees must be provided to the lot owner, and that attorney's fees may not be charged unless the debt is contested. 7. The lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the Office of the Clerk of Superior Court of Brunswick County. 8. The lien created by this Article is prior to all liens and encumbrances on a lot except (i) liens and encumbrances (specifically including but not limited to a deed of trust on the lot) recorded before the docketing of the claim of lien in the Office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the lot. 9. Subordination of the Lien to Mortgages. The sale, conveyance or transfer of any Lot in the subdivision shall not affect the lien of the Association, which runs with the land in addition to such lien being a personal obligation of the person who owned the Lot at the time that the lien arose. However, any lien arising out of violation of the provisions herein shall be subordinate to the lien of any first mortgage or Deed of Trust to which the Lot is subject. The sale or transfer of any Lot pursuant to a foreclosure arising out of a default of such first mortgage or Deed of Trust shall extinguish the lien of such assessments as to payments of assessments which became due prior to such transfer of the Lot through the foreclosure sale. ARTICLE XI Declarant Control 1. Until such time as Declarant has sold all the lots in the subdivision, or until Declarant specifically relinquishes such rights in writing, Declarant shall have the right to appoint each of the members of the Executive Board of the Association, and shall have three votes in the association for every lot owned by Declarant. Declarant shall have the right to exercise any Declarant right through a marketing agent or management company, who shall have such rights and authority as may be delegated by Declarant. 2. While Declarant owns any lot, Declarant shall have the right to waive, amend or modify this Declaration, to add land to or withdraw land from the subdivision, to revise the subdivision plat as to any unsold lot or the routes of any subdivision roadways, to dedicate additional common areas, to grant easements and rights of way which benefit the association, or to grant variances from the restrictions contained herein as to any lot or lots. II'IIIII II IIIIIIII II III II III II BOOK:3775 PAGE:872 12515.CUD Pace 12 of 14 Brenda M. ❑emmens. Bn111s wick County Regwer of Deeds E 3. In the exercise of any of the rights set forth herein, Declarant shall have such additional rights and authority as may be necessary to the full and complete enjoyment thereof. ARTICLE XII Procedures for Fines and Suspension of Community Privileges The executive board, or an adjudicatory panel appointed by the executive board may hold a hearing to determine if any lot owner should be fined, or if planned community privileges or services should be suspended for violations of the declaration, bylaws, and rules and regulations of the association. The procedure for such action shall be in accordance with N.C.G.S. 47F-3-107.1 ARTICLE XIII Amendment 1. Except in case of amendment executed by Declarant under the terms of this declaration or by Special Declarant right, this declaration may be amended only by affirmative vote or written agreement approved by at least sixty-seven percent (67%) of the Members of the Association voting in person or by proxy at a meeting called for the purpose of considering one or more amendments specified in the notice of such meeting. A quorum for any meeting where amendments are proposed shall require for passage of such amendment (but not for other regular business) that at least 50% of the lots be represented in person or by proxy. 2. Every amendment to this declaration shall be prepared, executed, and recorded in the Office of the Register of Deeds of Brunswick County, North Carolina, and shall be effective only upon such recordation. 3. No action to challenge the validity of an amendment adopted pursuant to this article may be brought more than one year after the amendment is.recorded. ARTICLE XIV Miscellaneous Provisions 1. This Declaration, as may be amended from time to time, shall run with the land and shall be binding on all parties, their successors and assigns, and upon all persons claiming by or under them until January 1, 2035, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless, by majority vote of the current owners of the Lots described herein, it is agreed to terminate said covenants in whole or in part. 2. Invalidation of any of these covenants or any part thereof by judgments or Court order shall in no way affect any of the other provisions which shall remain in full force and effect. The failure of any person or persons to take action to restrain the violation of any of these covenants and restrictions shall not be construed as waiver of any enforcement rights and shall not prevent the enforcement of such covenant or covenants in the future. 3. Big Pine Holdings, LLC is executing this declaration for the sole purpose of consenting to the imposition of these covenants upon all of the lots within Ocean Club Estates that are encumbered by a first deed of trust for the benefit of such company. IN WITNESS W HEREOF,The Declarant and the Lender have caused this instrument to be executed in its name by its Member- Manager, this the day and year first above written. (signatures appear on following pages) Prepared By: Law Office of Hugh Franklin 19421-A Liverpool Parkway 2 Cornelius, NC 28031 �L"'lll II'IIIIIIII II III I'IIIIIIII BOOK:3775 PAGE:873 1275315000 P.,ge 13 of 14 Brenda M. Cie nnnons. SrplliWRI. Couwy Reg IIIe! of Deeds E SUNSET ► EACH HOLDINGS It, LLC By: 7.aifant, 1.1 -C, Manager By. Jane D n I.L.C, its Mana ranmci: Zarate, Rianage JANE 11WAN. LLC By �— Franc sco 7aratc, Manager Cnr;Slc'pher Thomas Hoosc Carnmcn -calm of Virginia r Naary PuniiG76 Comrniesicn Nu. 76e/y12�7r �/1 IJv Ltmr.;SN Fx,^:rc5 6!-L. 1—� tir.trl:Ol >rr�miYc-'iiiS7lrtTa-S va�•rl�`� C n; :.C'I'Y < 3/I `� N7i1r?Ji-'I�Fc Y's 9i jn�r ti_ �eacYl Nulary Public n1 the Sim and Cpwlti xGrn xeid, cerlifp Ih:d 1'ninci.cn Gamic Pennaalh' appeared befam me this day and acknnwled,-rd 1Le duc exuvutirro of 111c (oic GPoI.. iu+lrvnmul for and oe lxhalf '[.Tame Doan . 1.I.ei aad Sunset 13ex:h I nldmse 1L-1'I'N IiS< 6nnd rnr3 nfFrinl .r:d, Que ilrc fq dau of \Iac, ]01(' .\Ip cnomm++ipra L�pimr: J 0 lit iry e. 13 BOOK:3775 PAGE:874 06108''2 o6 00 Page 14 of 14 BrenAa M. Clemmons. Brunswick Ccunty aegister of Dee As E BIG PINE HOLDINGS, LLC By: Tidal Vatres, LLC, its tanager By:'Al ✓/ / h1 VNd1W Samuel N. Vamam, Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Jf IrCLLY%� a Notary Public of the State and County aforesaid, certify that Samuel N. Vamam personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of Big Pine Holdings, LLC. June WITNESS my hand and official seal, this the 3day o4Ah�y, 2016 .0! 'ttt,�. P/C�••••• f n r - My commission Expires: Notary Public :U tkoA� tp9 Pusoc, 2 14 I III I IIIII II II II I I'll I BOOK:3775 PAGE:875 °„515.0C1 Pa qe 1 of 3 Brenda M. Clenvnons, Brwismck County Register of needs E Prepared by: Hugh Franklin, 19421-A Liverpool Pkwy, Cornelius, NC 28031 STATE OF NORTH CAROLINA BRUNTSWICK COUNTY EASEMENT AGREEMENT This is the conveyance of an easement and right of way made and entered into the day and year set forth below by and between Big Pine Holdings LLC, a North Carolina limited liability company, (hereinafter "Big Pine" or "Grantor"), and the Ocean Club Estates Property Owners Association, Inc, a North Carolina non-profit corporation, of Brunswick County, North Carolina, (hereinafter "Ocean Club" or "Grantee"). WHEREAS Big Pine is the owner of that certain tract situate and lying in Brunswick County, North Carolina, within the town of Sunset Beach, and being more particularly shown and described as Block 40-F on plat recorded in Plat Book H at Page 358 of the Brunswick County Registry. Such Tract is designated for purposes of this conveyance as "Cedar Point". The tract consists of 24 platted lots, but is intended nevertheless to serve solely as a recreation area and common amenity for the exclusive use and benefit of the owners of lots located along Riverside Drive in Block 40-E of the. Town of Sunset Beach, known as Ocean Club Estates, and; WHEREAS Ocean Club is organized by the owner of Ocean Club Estates as the Property Owners Association, the members of which consist solely of the owners of Ocean Club Estates. WHEREAS Big Pine desires to execute this permanent and exclusive easement for the purpose of securing to such owners and their heirs, successors and assigns, the perpetual right to use Cedar Point as a recreational common amenity in strict accord with the terms of this conveyance. NO W THERFORE, in consideration of the premises, and of the payments to be made by the Ocean Club Estates, and in accordance .with the pre-existing agreement of Submitted electronically by Hugh Franklin in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. 'll BOOK:3775 PAGE:876 UjO8,25.01 0,6 Page 2 of 3 Brenda id_Clenmions. Bruuevic4 Caumy Reglsrer of Deeds E the Grantor herein with the Owner of Ocean Club; Big Pine hereby gives, grants, bargains and conveys unto Ocean Club a perpetual and exclusive right and easement for access to, and enjoyment of Cedar Point upon the terms hereinafter stated. The easement shall be for the sole and exclusive use and benefit of Ocean Club and its members for the purpose of general recreation, and any other related uses as are lawful and in accord with the Declaration of Covenants Reservations and Restrictions for Ocean Club Estates Subdivision. Ocean Club shall be entitled to regulate the use of such amenity by its members, shall have exclusive possession, quiet enjoyment and control over such area, and shall be empowered to take such actions as it deems necessary to protect the area in its natural state, preserve the wildlife thereabout, and enhance the enjoyment of such amenity by its members and their guests and families. Access rights to the easement shall be appurtenant to title to any of the lots within Ocean Club Estates, shall run with the title to such lots, and shall benefit the owners thereof, their heirs successors and assigns. In partial consideration for this conveyance, each owner of any lot within Ocean Club Estates shall be deemed to agree to pay to Grantor the sum of Thirty One and 19/100 ($31.19) Dollars per month, with payments to begin to accrue on January 1, 2017, and to accrue through December 31. 2026. It is agreed that such payments shall be collected by the Ocean Club Estates Property Owners Association as a special assessment and paid to Grantor or Grantor's successors or assigns either monthly or annually in advance.. Beginning January 1, 2017, such payments shall accrue with respect to any lot not owned by the Declarant, on a monthly basis. As to any owner who purchases after January 1, 2017, such payments shall accrue from the first day of the first full month after such owner takes title to such lot, and shall amount to $31.19 for each full month such owner owns said lot or lots. Upon the subsequent sale of any lot, such amount shall be prorated, or paid in accordance with the agreement of the buyer and seller. The payments called for hereinabove shall apply only to owners of lots within Ocean Club who take title from or through the present Declarant/Owner thereof, and no such payments need be made for any lot owned by Jane Dean, LLC (owners of lots 27- 34) or Sunset Beach Holdings I1, LLC ( owners of lots 35-94). In addition, payments shall not accrue against any owner until January 1, 2017. After January 1, 2027, no further payments shall be made, and this easement shall be considered fully paid for. As further consideration for the conveyance of this easement, Ocean Club agrees to pay all ad valorem taxes on the subject property, to maintain the same in its present condition as a natural area for the use and recreational benefit of the said Ocean Club Estates Owners (reasonable wear and tear and future authorized improvements excepted), and to maintain continuously a policy of liability insurance in the minimum amount of one million dollars for each occurrence and two million dollars in the aggregate, insuring the owners of Cedar Point or their successors and assigns, as well as Ocean Club against IIIII I II II II II II I I I (I BOOK:3775 PAGE:877 ,z!53,5"001 Page 3 of 3 &ends M. Cleininons. B. o oswid. County Register of Deed, E liability for any loss, damage, injury or death suffered by any person on account of the use of such area. The undersigned Grantor, for itself and its successors and assigns, covenants with the Grantee that it is seized of the premises in fee simple, has the right to convey the same in fee simple, that title to the real estate encumbered by such easement is marketable and is free and clear of all encumbrances, and that Grantor will warrant and defend the title to this easement against the lawful claims of all persons whomsoever To have and to hold the aforesaid real estate and easement, and all privileges appurtenant thereunto, belonging to the Grantee in fee simple. In witness whereof the undersigned has executed the forgoing document this �.� dayofMay2016. BIGNE HOLDINGS, L LC N �/ Jtle X UC-f` f L, Y`C✓Yry) (SEAL) Samuel N. Vamam, Manager STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK ILMAUY U 3P)CLaJd a Notary Public of the County and State aforesaid certify that Samuel N. Vamam , personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes expressed. Witness my hand and official stamp or seal, this 23 day of May, 2016. NOTARY PUBLI My commission expires: 3-zci_z 62-0 as{VIUII•I. • ARV 00" Pus 40. SOSID: 1517641 Date Filed: 5/17/2016 9:56:00 AM Elaine F. Marshall North Carolina Secretary of State C2016 126 00301 State of North Carolina Department of the Secretary of State ARTICLES OF INCORPORATION NONPROFIT CORPORATION Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these Articles of Incorporation for the purpose of forming a nonprofit corporation. The name of the nonprofit corporation is: Ocean Club Estates Property Owners Association, Inc. 2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS §55A-1-40(4). 3. The name of the initial registered agent is: Hugo J. Franklin 4. The street address and county of the initial registered agent's office of the corporation is: Number and street: 19421-A Liverpool Parkway City: Cornelius State: N_ Zip code: 28031 County: Mecklenburg The mailing address if different from the street address of the initial registered agent's office is: Number and Street or PO Box: City: State: NC Zip Code: County: The name and address of each incorporator is as follows: Hugh J. Franklin: 19421-A Liverpool Parkway, Cornelius, NC 28031; 6. (Cherer a or b below.) a. he corporation will have members. bahe corporation will not have members. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. 8. Any other provisions which the corporation elects to include are attached. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Revised September, 2013 Form N-01 9. The street address and county of the principal office of the corporation is: Principal Office Telephone Number: 757-962-4808 Number and Street: 2421 Bowland Parkway #104 City: Virginia Beach State: VA zip Code: 23454 County: Virginia Beach City County The trailing address ifdiferentfrom due snedaddress of the principal office is: Number and Street or PO Box: City: State: Zip Code: County: Privacy Redacdan 10. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at the address provided at no charge sliiilitiiii when a documem is fired. The e-mail provided will not be viewable on the website. For more information MITE on why this service is being offered, please see the instructions for this document. It. These articles will be effective upon filing, unless a future time and/or date is specified: This is the 5th day of May 2016 Ocean Club Estates Property Owners Association, Inc (Incorporator Business Entity Name) cd`.&le. Signature of Incorporator Hugh J. Franklin - Incorporator Type or print Incorporator's name and tile, if airy NOTES: 1. Filing fee is $60, This documcm must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 2%22 RALEIGH, NC27626-0622 Revised September, 2013 Form N-01 Upon the dissolution of the corporation, the Board of Directors shag, after paying or malting provision for the payment of all of the liabilities of the corporation, dispose of all of the,assets of the corporation exclusively for the purposes of the corporation In such manner, or to such organization or, organizations organized and operated exclusively for religious, charitable, educational, scientific or literary purposes as shall at the time quality as an exempt organization or organizations under Section 501(c) (3) of the Code as the Board of f irectors shall determine, or to federal, state or local governments to be used exclusively for public purposes. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the corporation Is then located, exclusively for such purposes or to such organizations, such as court shall determine, which are organized and operated exclusively for such purposes, or to such governments for such purposes. Gasmen, Jo From: Casmer, Jo t: Tuesday, March 29, 201610:36 AM To: 'christopher®fmgsolution.com' Subject: Riverside Drive Subdivision-Stomnvater Attachments: SW8 040740 Designer's Cert.pdf, SW8 040740 Soils Report.pdf Christopher. I am attaching the Certification and the Soils Report for this project as requested. I received your voicemail also requesting the CO but that is not something that is a part of our Stormwater file. I'm guessing you would need to get from Sunset Beach Building Inspections — if not them, perhaps they can point you in the right direction. Jo Casmer for DEMLR/Stormwater Section Administrative Assistant IV North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 7W7338 office 910 350.2004 fax io.casmerAncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 W. nothing Compares..,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Sent To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Linda: Elizabeth Nelson <elizabeth.nelson@capefearengineering.com> Thursday, October 22, 2015 9:26 AM Lewis,Linda 'FZ's Mac'; Benjamin.Bowman@mdlz.com; Sammy Varnam (fullrutadventures@yahoo.com); dbowman@atmc.net Request for Recorded Deed Restrictions Request for Recorder Deed Restrictions.pdf Follow up OK�� Flagged Please reference the attached correspondence for Riverside Drive Subdivision, SW8 040740. The entire project area was transferred to the permittee, and no individual lots have been sold. The construction of the infrastructure was just completed, and the master covenants are currently being drafted. The new permit holder is aware that the permit requires these deed restrictions to be recorded prior to the sale of any lots, and that once recorded, they need to be forwarded to the State. I hope this information will clarify the status of this project, and remove the November 13, 2015 deadline for providing these deed restrictions else enforcement action may be initiated. Please let me know if this addresses the current concerns, or if additional information is needed. Thanks, Elizabeth M. Nelson, PE CAPE FEAR ENGINEERING 151 Poole. Road, Suite 100 Belville, NC 28451 (910) 383-1044 North Carolina Department of Environmental Quality Pat McCrory Governor October 13, 2015 Francisco Zarate, Manager of JaneDean, LLC, Manager of Zailant, LLC, Manager of Sunset Beach Holdings, 11, LLC (property owner) 2421 Bowland Parkway, Suite 104 Virginia Beach, VA 23454 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Riverside Drive Subdivision Stormwater Permit No. SW8 040740 Brunswick County Dear Mr. Zarate: Donald R. van der Vaart Secretary On September 2, 2015, the Wilmington Regional Office transferred and reissued State Stormwater Management Permit No. SW8 040740 to you for Riverside Drive Subdivision. Per Schedule of Compliance Condition 11.6, the deed restrictions must be recorded prior to the sale of the first lot; and per Condition 11.7 of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by November 13, 2015, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call Linda Lewis in the Wilmington Regional Office at (910) 796-7215 or via email at linda.lewisO-ncdenr.gov. Sincerely, iTr,vision of Energy, Iviineral and Land Resources GDS/arl: G:\WQ\Share&Stormwater\Permits & Projects\2004\040740 HDQ01510 req_deed 040740 cc: Town of Sunset Beach Building Inspections Wilmington Regional Office 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 • Internet: htto://Dortal.nodent.oralwebAr/ An Equal Oppohundy 1 Alfimndve Acfion Employer- Made in part by recycled paper 7 BOWMAN DESIGN 8s ENGINEERING SERVICES, PA PO Box 15561, Wilmington, North Carolina 28408 Phone: 910-443-2082 email: dbowmanQatmc.net September 28, 2015 Linda Lewis Water Quality Section NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Subject: Riverside Drive Stormwater — SW8 040740 MOD Engineer's Certification Dear Linda: �Sv' im Enclosed for your files is the Engineer's Certification for the infiltration system at Riverside Drive. . Please let me know as soon as possible if there is anything else you need or if you have any comments. You can call me at 910-443-2082 or email me at dbowmanna,atmc.net. Thanks. Sincerely, David B. Bowman, PE Enclosures cc: File: 0324 (Riverside Drive)