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: [e-mail]
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 [phone]
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: [e-mail]; [e-mail]; 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:[e-mail]]
Sent: Monday, November 29, 2021 8:07 AM
To: Edmonds, Jessica <[e-mail]>
Cc: [e-mail]; [e-mail]; Rachel Norton <[e-mail]>; Hall,
Christine <[e-mail]>; Michael Norton <[e-mail]>; Alex Lapinsky
<[e-mail]>; Wendy Pittman<[e-mail]>
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 <[e-mail]>
Sent: Tuesday, November 23, 2021 5:25 PM
To: [e-mail]; [e-mail]; Zachary Roman
<[e-mail]>; Wendy Pittman<[e-mail]>
Cc: Hall, Christine <[e-mail]>
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 <[e-mail]>
Sent: Friday, September 24, 2021 10:52 AM
To: Zorda, Garrett D
Cc: [e-mail]; 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 <[e-mail]> 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 <[e-mail]>
Sent: Thursday, September 23, 20212:36 PM
To: Zorda, Garrett D <Rarrett.zorda(ancdenr.eov>
Cc: [e-mail]; Weaver, Cameron <cameron.weaver(CDncdenr.eov>; Jessica M Edmonds
<[e-mail]>; 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 <[e-mail]> 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: [e-mail]; [e-mail]; Weaver, Cameron
Cc: Jessica M Edmonds; Christine Hall ([e-mail])
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

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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 <[e-mail]>
Sent: Thursday, September 23, 202112:05 PM
To: Zorda, Garrett D <[e-mail]>
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. [e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
From: Rachel Norton <[e-mail]>
Sent: Thursday, September 23, 2021 11:46 AM
To: Weaver, Cameron <[e-mail]>
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 [phone] or email me atjessi,[e-mail].
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•[e-mail]
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: [e-mail]; [e-mail]; Zachary Roman;
[e-mail]
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 <[e-mail]>
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:[e-mail]
Sent: Wednesday, September 29, 20213:05 PM
To: MacPherson, Tara <[e-mail]>
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: [e-mail]
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: [e-mail]
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 <[e-mail]>
Sent: Wednesday, September 22, 2021 1:38 PM
To: Jessica M Edmonds <[e-mail]>
Cc: Brock, Brendan 0 <[e-mail]>; [e-mail]
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
[e-mail]
Direct: 910-796-7265
DEQ: 910-796-7215
--Original Message —
From: wr watson <[e-mail]>
Sent: Wednesday, September 22, 2021 12:51 PM
To: Weaver, Cameron <[e-mail]>
Cc: Brock, Brendan O <[e-mail]>
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:[e-mail]>
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 <[e-mail]> 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
> [e-mail]
> Direct: 910-796-7265
> DEQ: 910-796-7215
> -----Original Message-----

> From: wr watson <[e-mail]>
> Sent: Wednesday, September 22, 2021 12:00 PM
> To: Weaver, Cameron <[e-mail]>
> 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:[e-mail]>
> 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 <[e-mail]>
Sent: Thursday, September 16, 20213:19 PM
To: Zorda, Garrett D <[e-mail]>
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 ([e-mail])
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 <[e-mail]>
Sent: Wednesday, September 15, 2021 10:28 AM
To: Zorda, Garrett D <[e-mail]>; Smith, Ashley M <[e-mail]>
Cc: MacPherson, Tara <[e-mail]>
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 <[e-mail]>
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: '[e-mail]'; 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 <[e-mail]>
Cc: Johnson, Kelly <[e-mail]>; Musial, Connor E <[e-mail]>
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:
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Appraisal Card
Page 1 of 1
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https:Htax.brunsco.net/itsnet/AppraisalCard.aspx?parcel=256ND00165&TaxYear=2018 5/7/2019

Appraisal Card
COUNTY
Page 1 of 1
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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
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NOTES
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NOTES
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OTAL MARKET LAND DATA
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OTAL PRESENT USE DATA
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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
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):.00
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NOTES
000 REL FOR 2000 TAX DIF F IN VALUE 50,000
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SUBAREA
OD
DESCRIPTION
OUN
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UNIT
UNIT
PRICE
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%
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2 T28
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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
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AND NOTES
TOTAL
ND BEST USE
LOCAL
FRON
DEPTH /
LND
COND
RF AC LC TO
OA
LAND UNIT
LAND
UNT
TOTAL
ADJUSTED
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LAND
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TAGS
DEPTH
SIZE
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FACT
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TYPE
PRICE
UNITS
TYP
ROOST
UNIT PRICE
VALUE
VALUE
NOTES
R CANAL D1p2
30.2
50
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:.0000
0
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`235,c00.00
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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: [phone] 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
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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 - [e-mail]
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 <[e-mail]>
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 [e-mail]
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 - [e-mail]
..
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 <[e-mail]> 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 <[e-mail]>
Sent: Tuesday, April 23, 2019 4:11 PM
To: Lewis,Linda <[e-mail]>
Subject: [External] Riverside
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email
as an attachment to [e-mail]
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 <[e-mail]>
To: PERMIT PALS <[e-mail]>
Cc: [e-mail], Scott, Georgette <[e-mail]>
Sent: Tue, 15 Aug 2017 18:07:26 -0400 (EDT)
Subject: RE: Farasy 1520 Riverside Dr
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Lewis, Linda
From:
Lewis, Li n da
Sent:
Tuesday, August 15, 2017 6:07 PM
To:
'PERMIT PALS'
Cc: '[e-mail]', 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:[e-mail]]
Sent: Tuesday, August 15, 2017 4:31 PM
To: Lewis,Linda <[e-mail]>
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 <[e-mail]>
To: [e-mail]
Cc: 'Cindy Nelson' <[e-mail]>
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 <[e-mail]>
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 <[e-mail]>
To: [e-mail]
Cc: 'Cindy Nelson' <[e-mail]>
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
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/ N LOT 87 RIVERSIDE DRIVE
SUNSET BEACH, NORTH CAROLINA
` Nail FOR
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GENERAL NOTES A. MAINTENANCE:
ie
P(L�a
ALL LOT DIMENSIONS, SURYeY DATA. L PLOT PLAN PROVIDED
BY DONTRACTORICLIENT. SURVEY BY. 9088Y, LONG 6
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A830EIATES: TITLED 'BOUNDARY AND SPOT ELEVATION
5.8)•.
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SURVEY OF LOT 87 DCEAN CLUB ESTATES LOCK HOE SUNSET
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'BEACH FOR MICHAEL AND KELLY FARABY'. DATED SEPTEMBER
8 $ 6,
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INTENT OF THE TOWN STORMWATER MANAGEMENT
.ORDINANCES. HOWEVER; MCGtLL ASSOCIATES DOES NOT
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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
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HUTCHENS
- LAW FIRM -
HIGH PERFORMANCE LAW'"
J. Scott Flowers
Offices In:
Attorney at Law
FAYETTEVILLE, CHARLOTTE, WILMINGTON, NC I COLUMBIA, SC
Phone: [phone]
4317 Ramsey Street
Fax: [phone]
Fayetteville, NC 28311
Email: [e-mail]
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
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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 [phone] 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 [phone]
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: [phone]
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
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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
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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
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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 <[e-mail]>
Thursday, October 22, 2015 9:26 AM
Lewis,Linda
'FZ's Mac'; [e-mail]; Sammy Varnam
([e-mail]); [e-mail]
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
[phone]

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 [phone] 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
[phone] / Fax: [phone] • 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: [phone] 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)