SW8131011_HISTORICAL FILE_20140331

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 11011
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2o1y0331
YYYYMMDD

Alfflry?WWAA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 31, 2014
Mr Frank D Voli, President
Beach House Yacht Club Owners Association, Inc
111 North New River Drive
Surf City, NC 28445
Subject State Stormwater Management Permit No SW8131011
Beach House Yacht Club — Clubhouse & Pool
High Density Commercial Infiltration Trench / Chamber Project
PenderCounty
Dear Mr Voli
John E Skvarla, III
Secretary
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a complete State
Stormwater Management Permit Application for Beach House Yacht Club — Clubhouse & Pool on March 24, 2014 Staff
review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H 1000 We are forwarding Permit No SW8131011
dated March 31, 2014, for the construction, operation, and maintenance of the BMP's and built -upon area associated with the
subject project
History
SW8 990325, Beach House Marina and Yacht Club, was originally permitted on June 7, 1999 and covered the area that will
now be covered by two permits, SW8 990325 and SW8131011
1 June 7, 1999 SW8 990325 was first issued as a redevelopment permit This permit is missing from the file, but is
referenced in correspondence for the 2001 permit as a redevelopment permit
2 November 30, 1999 A modification application was submitted, but it was returned unissued
October 30, 2001 SW8 990325 was issued as a modified redevelopment permit to install an infiltration trench
(532'Lx8'Wx4'H with 24" (P perforated piping with a 7,810cf capacity) to treat 55,212sf of impervious area for Phase 1
of Beach House Manna and Topsail Island Yacht Club at 1 5" (per the SA requirements of 15A NCAC 2H 1000,
effective September 1, 1995) This trench was permitted to be U-shaped One side starts between the parking lot
and the western side of the dry stack, bends on the harbor side of the dry stack, and continues along the eastern side
of the dry stack It was designed to treat a drainage area consisting of a gravel parking lot (19,009sf), dry stack
storage (23,026sf), buildings (12,275sf), and a fuel tank (902sf)
4 February 3, 2003 A modification application was submitted, but it was returned unissued
5 July 17, 2006 A modification application was submitted, but it was returned unissued
March 19, 2008 The project was modified to expand the dry dock storage and to expand and pave the gravel
parking lot The trench permitted in 2001 is not covered by the 2008 permit A separate trench in a separate location
was permitted because, at the time, the trench permitted in 2001 was not thought to be functional The trench
permitted in 2008 (145'Lx60'Wx5'H with 24" (V perforated piping with a 22,866cf capacity) to treat 187,512sf of
impervious area for the expansion at 1 5" per the SA requirements of the 1995 rule This trench was permitted as an
infiltration gallery located west of the trench previously permitted It was designed to treat a 281,519sf/6 46ac
drainage area (the entire project area) including the drainage area previously permitted to be treated by the 2001
trench, the comer parcel occupied by a restaurant, and the rest of the permitted area
7 2012/2013 The area permitted under SW8 990325 was subdivided into three parcels (though it was not permitted
as a subdivision permit)
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension Wilmmoton North Carolina 28405 • [phone] 1 Fax [phone]

Mr Voh
March 31, 2014
April 1, 2014 The three new owners want to operate their stormwater independently
a Marina (Tract 1) This parcel will be covered by SW8 131011
b Bank (Tract 2) This parcel will continue to be covered by SW8 990325 which is currently being modified to
reflect the same impervious area allocation between SW8 990325 and SW8 131011
c Restaurant (Tract 3) This parcel has been demonstrated to have been built prior to 1988, and therefore
prior to North Carolina stormwater permitting regulations It was onginally included in the SW8 990325
permit because it was believed to drain to that permit In 2014, it was demonstrated that this parcel only
partially drained to SW8 990325 (-25%) When SW8 990325 is modified to exclude the area now permitted
under SW8 131011 there will be a Swale to divert the restaurant's water around the SW8 990325 project
area to a NCDOT stormwater inlet The restaurant and the swale will continue to be shown on SW8
990325 because land that has been permitted cannot become unpermitted
The 187,512sf of impervious area permitted in 2008 under the SA requirements 1995 rule will be distributed as specified in
Table 1 below The restaurant is allocated 27,870sf, which is the amount of impervious currently on the parcel Due to local
setback and other requirements, this also is an estimate of the maximum amount of impervious area that the restaurant could
ever build on the parcel This is therefore a conservative approach to allocating the 187,512sf of impervious area among the
three parcels
The 187,512sf of impervious area is subject to a 1 5" design storm Any impervious area that will be built in excess of any
permittee's allocation of impervious area under the 1995 rule will be subject to the SA requirements of the rule in place when
the excess impervious area is permitted The rule currently in place is the 2008 Rule, SL2008-211, which requires treatment
of the greater of either the 1 5" storm or the 1 yr24hr pre/post volume which is approximately 3 68"
Table 1 Imoervious Area Subiect to the 1995 Rule
SW8 990325
Future Development's Impervious Area
93,642
sf
Restaurant on Corner Parcel's Impervious Area
27,870
sf
SW8 131011
Beach House Yacht Club's Impervious Area
66,000
sf
Impervious Area in the Infiltration Trench Drainage Area ITDA
63,388
sf
Allocated Impervious Area
62,388
sf
Future Impervious Area Available Inside ITDA'
1,000
sf
Future Impervious Area Available Outside ITDA'
2,612
1 sf
Total 187,512 sf
'The infiltration trench has been designed to treat 63,388sf of impervious area Of this amount, 62,388sf of impervious area
has been allocated for buildings, sidewalks and other uses as shown on the permitted plans and application form The future
impervious area available inside the infiltration trench drainage area (ITDA) is 1,OOOsf The ITDA is labeled on the plans as
°Drainage Area 1 Boundary" This 1,000sf can be allocated at a future time via Plan Revision with no required change to the
infiltration trench design There is also 2,612sf of future impervious area that is available outside of the ITDA that can be
permitted at a future time to be built under the 1995 rule and subject to a 15" design storm The 2, 612sf is a placeholder for
future construction under the 1995 rule that can be permitted at a future date Construction of the 2,612sf of future
2,612sf of impervious area at a future date Since this 2,612st of impervious area is permitted to De outside the inmtrarion
trench's drainage area it does not drain to the current infiltration trench, and therefore cannot be treated by the current
infiltration trench without modifying the current infiltration trench In order to use the 2,612sf of impervious area at a future
date the permrttee may either modify the current trench to treat more impervious area (d the permiffee later wants to construct
the 2,612sf inside the ITDA in the future), or the petmrttee may construct a second stormwater treatment device (if the
permdtee wants to continue with the plan to construct the 2,612sf outside the ITDA in the future)
This permit shall be effective from the date of issuance until March 19, 2022, and shall be subject to the conditions and
limitations as specified therein Please pay special attention to the Operation and Maintenance requirements in this permit
Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in
future compliance problems Please note that new projects area normally issued for eight (8) years This project's expiration
date has been set to the same expiration date as SW8 990325 because this project was previously permitted under that
permit number
Paqe 2 of 3

MG Voli
March 31, 2014
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must
conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of
receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or
the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919431-3000, or
visit their website at www NCOAH corn Unless such demands are made this permit shall be final and binding
Notice of Inspection
On March 31, 2014, the Wilmington Regional Office of the DEMLR inspected the subject project in Pender County to
determine the status of compliance with the State Stormwater Management Permit Number SW8131011, which was
previously permitted as area under SW8 990325 issued on March 19, 2008 DEMLR file review and site inspection revealed
that the site is compliant with the terms and conditions of this permit
Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management
Permit under Title 15A North Carolina Administrative Code 2H 1003 and North Carolina General Statute 143-214 7, including
operation and maintenance of your permitted stormwater system Violations of your Stormwater Management Permit may be
subject to the assessment of civil penalties of up to $25,000 per day per violation
If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson in the
Wilmington Regional Office at [phone]
4cl Da ski P E , Director
Division of Energy, Mineral and Land Resources
GDS/kpj S 1WQS1StormwaterlPermits & Projects120131131011 HD104 permit 131011
cc Gilbert W Reece, PE
Ms Jami Bartolucci, VP, REDUS NC Coastal, LLC
Inspector, Pender County Building Inspections
Pender County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File, SW8131011
Wilmington Regional Office Stormwater File, SW8 990325
Paqe 3 of 3

State Stormwater Management Systems
Permit No SW8 131011
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Beach House Yacht Club Owners Association, INC
Beach House Yacht Club — Clubhouse & Pool
111 North New River Drive, Surf City, Pender County
FOR THE
construction, operation and maintenance of one (1) infiltration trench in compliance with the provisions of Session
Law 2008-211, effective October 1, 2008 and 15A NCAC 2H 1000, effective September 1,1995 (hereafter
collectively and separately referred to as the "stormwater rulesl and the approved stormwater management plans
and specifications and other supporting data as attached and on file with and approved by the Division and
considered a part of this permit
This permit shall be effective from the date of issuance until March 19, 2022, and shall be subject to the following
specified conditions and limitations
I DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data
The infiltration trench permitted for this facility was originally permitted under State Stormwater Permit
Number SW8 990325 on October 30, 2001 A level spreader and vegetated filter strip were not required by
that permit The same trench is re -permitted under this permit, and so the level spreader and vegetated
filter strip are not required
The infiltration trench permitted for this facility was originally permitted under State Stormwater Permit
Number SW8 990325 on October 30, 2001 A 50ft stormwater buffer was not permitted under that permit,
and since the same trench is being re -permitted a stormwater buffer is not required under this permit
However, this project may be subject to other Federal, State or Local requirements and if so this project
must comply with those requirements
All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements The final plats for the project will be recorded showing all such required easements, in
accordance with the approved plans
The runoff from all built -upon area within the permitted drainage area of this project must be directed into
the permitted stormwater control system
Page 4 of 7

State Stormwater Management Systems
Permit No SW8 131011
This stormwater system has been approved for the management of stormwater runoff as described in
Section 17 of this permit The stormwater control has been designed to handle the runoff described in Table
1 below
Table 1 Impervious Area Subject to the 1995 Rule
SW8 990325
Future Development's Impervious Area
93,642
sf
Restaurant on Comer Parcel's Impervious Area
27,870
sf
SW8131011
Beach House Yacht Club's Impervious Area
66,000
sf
Impervious Area in the Infiltration Trench Drainage Area ITDA
63,388
sf
Allocated Impervious Area
62,388
sf
Future Impervious Area Available Inside ITDA'
1,000
sf
Future Impervious Area Available Outside ITDA"
2,612
1 sf
Total 187,512 sf
'The infiltration trench has been designed to treat 63,388sf of impervious area Of this amount, 62,388sf of
impervious area has been allocated for buildings, sidewalks and other uses as shown on the permitted plans and
application form The future impervious area available inside the infiltration trench drainage area (ITDA) is 1,OOOsf
The ITDA is labeled on the plans as "Drainage Area 1 Boundary' This 1,OOOsf can be allocated at a future time via
Plan Revision with no required change to the infiltration trench design There is also 2, 612sf of future impervious
area that is available outside of the ITDA that can be permitted at a future time to be built under the 1995 rule and
subject to a 1 5" design storm The 2, 612sf is a placeholder for future construction under the 1995 rule that can be
permitted at a future date Construction of the Z612sf of future impervious area outside the ITDA is not
future date Since this Z, 612st of impervious area is permitted to be outside the infiltration trench's drainage area it
does not drain to the current infiltration trench, and therefore cannot be treated by the current infiltration trench
without modifying the current infiltration trench In order to use the 2, 612sf of impervious area at a future date the
pemiittee may either modify the current trench to treat more impervious area (if the permittee later wants to construct
the 2, 612sf inside the ITDA in the future), or the permittee may construct a second stormwater treatment device (d
the permittee wants to continue with the plan to construct the 2, 612sf outside the ITDA in the future)
The following design criteria have been permitted for the infiltration trench system and must be provided and
maintained at design condition
a Drainage Area, acres
25
Onsite, ft2
108,800
Offsite, ftz
0
b Total Impervious Surfaces, ftz
63,388
Onsite, ftz
63,388
Offsite, ftz
0
c Design Storrs, inches
1 5"
d Trench Length, feet
532
e Trench Width, feet
8
f Trench Depth, feet
4
g Bottom Elevation, FMSL
0
h Bottom Surface Area, ft2
4,256
1 Bypass Weir Elevation, FMSL
62
1 Perforated Pipe Diameter, in
241n
k Perforated Pipe Length,ft
532
1 Permitted Storage Volume, W
6,556
r Receiving Stream/River Basin
ICWW / White Oak
s Stream Index Number
18-87-(5 5)
t Classification of Water Body
"SA, HQW"
Page 5 of 7

State Stormwater Management Systems
Permit No SW8131011
II SCHEDULE OF COMPLIANCE
1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately
3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and specifications
f Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins,
piping and vegetated filter
g A clear access path to the bypass structure must be available at all times
4 The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data
5 If the stormwater system was used as an Erosion Control device, it must be restored to design condition
prior to operation as a stormwater treatment device, and prior to occupancy of the facility
6 A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times
7 Records of maintenance activities must be kept for each permitted BMP The reports will indicate the date,
activity, name of person performing the work and what actions were taken
8 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation Any deviations from the approved plans and
specifications must be noted on the Certification A modification may be required for those deviations
9 Access to the stormwater facilities shall be maintained via appropriate easements at all times
10 The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any modification to the approved plans, including, but not limited
to, those listed below
a Any revision to any item shown on the approved plans, including the stormwater management
measures, built -upon area, details, etc
b Redesign or addition to the approved amount of built -upon area or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the project area
d Filling in, altering, or piping of any vegetative conveyance shown on the approved plan
e The construction of any future BUA listed on the application
11 The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit Within the time frame specified in the notice, the pennittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made
III GENERAL CONDITIONS
1 Approved plans, application, supplement forms, Operation and Maintenance agreements, design
calculations and specifications for this project are incorporated by reference and are enforceable parts of the
permit
Page 6 of 7

State Stormwater Management Systems
Permit No SW8 131011
Any individual or entity found to be in noncompliance with the terms and conditions of this permit or the
stormwater rules is subject to enforcement action in accordance with North Carolina General Statute 143,
Article 21
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal)
having jurisdiction
This permit is not transferable to any person or entity except after notice to and approval by the Director
The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the
supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of
the following events
An ownership change including the sale or conveyance of the protect area in whole or in part,
The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association,
subject to the requirements of Session Law 2011-256,
Bankruptcy,
Foreclosure,
Dissolution of the partnership or corporate entity,
A name change of the current permittee,
A name change of the project,
A mailing address change of the permittee,
The permittee is responsible for compliance with all permit conditions until such time as the Division
approves the transfer request
In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective
action, including those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems
7 The permittee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting all components of the permitted stormwater management facility
8 The permit issued shall continue in force and effect until revoked or terminated The permit may be
modified, revoked and reissued or terminated for cause The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any permit condition
9 Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
10 The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking
and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in
Session Law 2008-211, Title 15A NCAC 2H 1000, and NCGS 143-215 1 et al
11 The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this
permit The renewal request must include the appropriate documentation and the processing fee
Permit issued this the 3151 day of March 2014
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r cy Devi E , Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 7

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
/D -e? -
l3
Applicable Rules
(select all that apply)
❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction
❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
Tltts form may be photocopied for use as an original
I GENERAL INFORMATION
1 Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc )
Beach House Yacht Club - Clubhouse & Pool
2 Location of Project (street address)
111 North New River Drive
City Surf City County Fender Zip 28445
3 Directions to project (from nearest major intersection)
From the intersection of NC50 & NC210 on Topsail Island proceed 540 feet North-East
4 Latitude 34' 25' 37' N Longitude 770 32' 47' W of the main entrance to the project
lI PERMIT INFORMATION
1 a Specify whether project is (check one) ®New ❑Modification ❑ Renewal w/ Modificationt
tRenemals unth modificahons also requires SWU-102 - Renewal Application Form
b If this application is being submitted as the result of a modification to an existing permit, list the exishng
permit number , its issue date (if known) , and the status of
construction ❑Not Started ❑Partially Completed* ❑ Completed` *promde a designer's certification
2 Specify the type of project (check one)
❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other
3 If this application is being submitted as the result of a previously returned application or a letter from
DWQ requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4 a Additional Project Requirements (check applicable blanks, information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748)
®LAMA Major ❑Sedimentation/Erosion Control ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
b If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
Is the project located within 5 miles of a public airport?
If yes, see S L 2012-200, Part VI hit
OCT 2 4 2013
BY
Form SWU-101 Version 06Aug2012 Page 1 of

III CONTACT INFORMATION
1 a Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc who owns the project)
Applicant/Organization Beach House Yacht Club Owners Association, INC
Signing Official & Title Frank D Voh President
b Contact information for person listed in item la above
Street Address 111 North New River Drive
City Surf City State NC Zip 28445
Mailing Address (if applicable)
City
Phone ( 910 ) 328-0193
Email hunter@beachhousevachtclub com
State
Fax
Zip
Please check the appropriate box The applicant listed above is
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below)
2 a Print Property Owner's name and title below, if you are the lessee, purchaser or developer (This is the
person who owns the property that the project is located on)
Property Owner/Organization
Signing Official & Title
b Contact information for person listed in item 2a above
Street Address
City
Mailing Address (if applicable)
City
State Zip
State Zip
Phone { ) Fax
Email
3 a (Optional) Print the name and btle of another contact such as the project's construction
person who can answer questions about the project:
Other Contact Person/Organization Gilbert Reece Reece Engineering and Design
Signing Official & Title Gilbert Reece PE President
b Contact information for person listed in item 3a above
Mailing Address 402 North Topsail Dr
City Surf City State NC Zip 28445
Phone ( 910 ) 200-7616 Fax ( )
Email gwreece@charter net
4 Local jurisdiction for building permits
Point of Contact: Dixon Ivey Phone # (910 ) 328-4131
Form SVX-101 Version 06Aug2012 Page 2 of 6

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IV PROJECT INFORMATION
1 In the space provided below, bneflv summarize how the stormwater runoff will be treated
The new impervious area runoff will Lrravity flow to the existing, recogmzed infiltration trench which
posseses sufficient excess capacity to handle the volume required
2 a If claiming vested rights, identify the supporting documents provided and the date they were approved
❑ Approval of a Site Specific Development Plan or PUD Approval Date
❑ Valid Building Permit Issued Date
❑ Other Date
b If claiming vested rights, identify the regulabon(s) the project has been designed in accordance with
❑ Coastal SW -1995 ❑ Ph II - Post Construction
3 Stormwater runoff from this project drains to the White Oak River basin
4 Total Property Area 287acl24821sf acres 5 Total Coastal Wetlands Area 0 acres
6 Total Surface Wader Area 37ac 16021sf acres
7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area' 25ac 108800sf acres
Total project area shall be calculated to exclude the follounng the normal pail of imppoouunded structures, the area
be een the banks of streams and rivers, the area below the Norma! Higgh Water (N1i1M tine or Mean Hish Water
(MHtM line, and coastal wetlands Imuhoivd from the NHW (or MHIM line The resultant prged area is used to
calculate aaera6 percent built upon area (BUA) Non coastal uxtlmids Imidward of the NHW (or MHt� tine may
be included m the total project area
8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 58 2 %
9 How many drainage areas does the project have?l (For high density, count I for each proposed engineered
stormwater BMP for low density and other projects, use I for the whole property area)
10 Complete the following information for each drainage area identified in Project Information item 9 If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below
Basin Information
Drainage Area
Drainage Area
Drainage Area
Drainage Area
Receiving Stream Name
ICWW
Stream Class '
SA
Stream hidexNumber
V�
)�— ]-
C( o
Total Drainage Area (sf)
108,800
On -site Drainage Area (sf)
Off -site Drainage Area (so
0
Proposed Impervious Area' s
7,176
% Im pervious Area" total
62,3M
Impervious- Surface Area
Drainage Area
Drainage Area
Drainage Area
Drainage Area
On -site Buildings/Lots (sf)
3,584
On -site Streets (so
0
On-si be Parking (sf)
0
On -site Sidewalks (so
1,832
Other on -site (sf)
1,760
Future (sf)
1,000
Off -site (sf)
0
La
Existing BUA' (so
55,212
1_
Total (sf)
63,388
i
" Stream Class and Index Number can be determined at http&fftal ncdenr org crbAinVpVcsii/classihcations
" Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sule�i aUis, gravel areas, etc
' Report only that amount of existing BUA that will remain after development Do not report any existing BUA that
is to be removed and which will be replaced by new BUA
Form SWU-101 Version 06Aug2012 Page 3 of

11 How was the off -site impervious area listed above determined? Provide documentation n/a
Protects in Union County Contact DWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B 0600
V SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded
from http //portal ncdenr org/web/wa/ws/su/bmp-manual
VI SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ)
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http //Portal ncdenr org/web/wq/ws/su/statesw/forms_docs The complete
application package should be submitted to the appropriate DWQ Office (The appropriate office may be
found by locating project on the interactive online map at http //portal ncdenr org/web/wq/ws/su/maps)
Please indicate that the followmg required information have been provided by mitiahne inthe space
provided for each item All original documents MUST be signed and initialed in blue ink Download the latest
versions for each submitted application package from
http //Portal ncdenr org/web/wo/ws/su/statesw/forms_docs
1 Original and one copy of the Stormwater Management Permit Application Form
h 12
2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Ai IA —
Form (if required as per Part VII below)
3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP
4 Permit application processing fee of $505 payable to NCDENR (For an Express review, refer to
http //www envhelp org/pages/onestopexuress Mint for information on the Express program
and the associated fees Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting )
5 A detailed narrative (one to two pages) describing the stormwater treatment/management for
6 A USGS map identifying the site location If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within i/2 mile of the site boundary, include the 1/2
mile on the map � ( �
7 Sealedd,, signed and dated calculations (one copy)
8 Two sets of plans folded to 8 5" x 14" (sealed, signed, & dated), including
a Development/Project name
b Engineer and firm
c Location map with named streets and NCSR numbers
d Legend
e North arrow
f Scale
g Revision number and dates
h Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters
i Dimensioned property/project boundary with bearings & distances
j Site Layout with all BUA identified and dimensioned
k Existing contours, proposed contours, spot elevations, finished floor elevationg. �8VE
1 Details of roads, drainage features, collection systems, and stormwater contrumeasures
m Wetlands delineated, or a note on the plans that none exist (Must be delmeWd 1 GT 2 4 2013
qualified person Provide documentation of qualifications and identify the person who
made the determination on the plans T 1
n Existing drainage (including off -site), drainage easements, pipe sizes, runoff daltulations----
o Drainage areas delineated (included in the main set of plans, not as a separate document)
p Vegetated buffers (where required)
Form SWU-101 Version 06Aug2012 Page 4 of 6

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9. Copy of any applicable soils report with the associated SHWT elevations (Please identify 46%
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs Include an 8 5"xll" copy of the NRCS County Sods map with the l ii.ab'r+►-'-Cb
project area clearly delineated For projects with infiltration BMPs, the report should also
include the sod type, expected infiltration rate, and the method of determining the infiltration rate
(Infiltration Devices submitted to WiRO Schedule a site visit for DWQ to verify the SHWT prior
to submittal, (910) 796-73 78 )
10 A copy of the most current property deed Deed book 45 Page No 058 (609)
11 For corporations and limited liability corporations (LLC) Provide documentation from the NC _
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H 1003(e)
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned
http //www secretary state nc us/Corporations/CSearch aspxx
VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot If lot saes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form The appropriate deed
restrictions and protective covenants forms can be downloaded from
http //portal ncdenr org/web/wq/ws/su/statesw/forms_docs Download the latest versions for each
submittal
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded
By the notanzed signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be brndmg on all parties and persons claiming
under them, that they will rim with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot
VIII CONSULTANT INFORMATION AND AUTHORIZATION
Applicant Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information)
Consulting Engineer Gilbert W Reece PE
Consulting Firm Reece Engineering and Design
Mailing Address 402 North Topsail Drive
City Surf City State NC Zip 28445
Phone (910 ) 200-7616 Fax ( )
Email gwreeceOOcharter net
LC PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) see attachment , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item la) with (print or h/pe name of organization listed in
Contact Information, item 1a) to develop the project as currently proposed A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system
i
e; 2013
BY
Form SWU-101 Version 06Aug2012 Page 5 of 6

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As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days, otherwise I will be operating a stormwater treatment
facility without a valid permit I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-2151 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6
Signature
I,
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date
County of
personally appeared
and acknowledge the due execution of the application for
a stormwater permit Witness my hand and official seal,
SEAL
My commission
X APPLICANTS CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) see attachment
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H 1000 and any other applicable state stormwater requirements
Signature
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date
County of
personally appeared
and acknowledge the due execution of the application for
a stormwater permit Witness my hand and official seal,
SEAL
My commission expires
[ECEQVE
OCT 2 4 2013
BY
Form SWU-101 Version 06Aug2012 Page 6 of 6

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iX PROPERTY OWNER AUTHORIZATION
Beach House Yacht Club Owners Association, inc (the "Association"), acting by and through its
duly elected President, does hereby certify that it is the legal entity identified in this permit
application and is authorized to develop the proleu as currently proposed A copy of the
Declaration of Beach House Yacht Club, A Condominium has been provided with this submittal,
and which makes the Association responsible for the operation and maintenance of the
stormwater system The Association acknowledges that it is the legal entity having the
responsibility for compliance with the DWQ Stormwater Permit and its responsibility to notify
DWQ immediately and submit a completed Name/Ownership Change Form within 30 days of
dissolution of the Association The Association understands and acknowledges that the
operation of a stormwater treatment facility without a valid permit is a violation of NC Geneial
Statute 143-215 1 and may result in appropriate enforcement action including the assessment of
civil penalties up to $25,000 per day pursuant to NCGS 143-215 6
BEACH HOUSE YACHT CLUB OWNERS
ASSOCIATION, INC
By C-/�� /%/G✓yi
Frank D Voli, President
STA rE OF ¢ NA—
COUN rY OF gHIJAI Al/L
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein Frank D Voly President
Date
Signalui e of Nolary
Notary's printed or
My commission expires
0
name
ML3
rCOVE
OCT 24 2013
BY �-
4

grip 0,
I A
C5

X APPLICANT'S CERTIFICATION
Beach House Yacht Club Owners Association, Inc (the "Association"), acting by and through its
duly elected President, does hereby certify the information included on this permit application
form is, to the best of its knowledge, correct and that the project will be constructed in
contormanc,e with the approved plan and that the proposed project complies with the
requirements of the applicable stormwater rules under 15A NCAC 2 H 1000 and any other
applicable stormwater requirements
BEACH HOUSE YACHT CLUB OWNERS
ASSOCI "ION, INC
B�/ '
Y
Frank D Voli, President
STATE OF o¢ F &!f0z1Ar14-
COUNTY OF y
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated
therein Frank D Voli, President i
Date Z/
pxx"`NWTII;
J
Z
• y� .PU0,,Go\``
111193-00001
ND 4813-5532-6742,v I
Notary's printed or typed name
My commission expires J/Jif fd cji �/�

w.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1 Stormwater Management Permit Number SW8131011
2 Project Name Beach House Yacht Club - Clubhouse and Pool
3 Current Permit Holder's Company Name/Organization Beach House Yacht Club Owners Association, Inc
4 Signing Official's Name Frank D Volt
5 Mailing Address 1612 Military Cutoff Road, Suite 108
Title President
City Wilmington State NC
6 Phone (910 ) 382-0193 Fax () none
Zip 28403
II PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for (please check all that apply)
®X Name change of the owner (Please complete Items 1, 2 and 3 below)
Name change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
Mailing address / phone number change (Please complete Item 4 below)
❑Other (please explain)
1 Proposed permittee's company name/organization Topsail Island Yacht Club
2 Proposed permittee's signing official's name Frank D Volt
3 Proposed permittee's title President
0
Mailing Address Mk Ir i- k-xS\ Kd lu tS
City State 0 C- Zip
Phone (�\�) SR) OK\ --� Fax ( ) 1,\rjv\2
5 New Project Name to be placed on permit
UU
Please check the appropriate box The proposed permittee listed above is
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
APR d 8 2014
SSW N/O Change Rev24Sept2012 Page 1 of 4 By._

III REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal Failure to provide the
listed items may result in processing delays or denial of the transfer
1 This completed and signed form This certification must be completed and signed_tiy boththe
current permit holder and the new applicant if this is a change of ownershipf
2 Legal documentation of the property transfer to a new owner
3 A copy of any recorded deed restrictions, covenants, or easements, if required by the permit
4 The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ
5 If the proposed permfttee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permfttee
6 The $40 00 processing fee If this is an initial transfer from the original permfttee the processing
fee is not required Subsequent ownership transfers will require the $40 00 processing fee
IV CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement
❑X Check here if the current permfttee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit I, Frank D Voli for Beach House Yacht Club Owners Association Inc , the current
permfttee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete
Check here if current permfttee is transferring the property to a new ow �an�l'wSifYTo1"re -
ownership of the permit /�pp p R 2014
I, the current permfttee, am f g fs pli on
for a transfer of ownership for permit # I hereby notff WQ of the sale
other legal transfer of the stormwater system associated with this permit I Ve-prev4e,6 -eapy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permfttee named in Sections II and V of this form I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete I assign all rights and obligations as permfttee to the
proposed permfttee named in Sections II and V of this form I understand that this transfer of
ownership cannot be a roved bPP6 DWQ unless and until the facility is in compliance with the
permit ^
Signature tict O Date 1440" ) 7 �l
a Notary Public for the State of
County of I )tt,J do hereby certify that
(v_ D, Vin , personally appeared before me this the
day of AA2na, 20 I ,and acknowledge the due execution of the
fo, Wing instrumeigt Wftnps§ my hand gnd oAcfal seal, (Notary Seal)
ature
SSW N/O Change Rev24Sept2012 Page 2 of 4

V PROPOSED PERMITTEE CERTIFICATION (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system I
acknowledge and attest that I have received a copy of (check all that apply to this permit)
the most recent permit
the designer's certification for each BMP
any recorded deed restrictions, covenants, or easements
the DWQ approved plans and/or approved as -built plans
the approved operation and maintenance agreement
past maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete
Signature
County of
Date
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20, and acknowledge the due execution of the
forgoing instrument Witness my hand and official seal,
(Notary Seal)
Notary Signature
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document Both the lessee / developer and the property
owner will appear on the permit as permittees ,V,i F C IE I V F!ILI
Ia
APR 082014
BY -
SSW N/O Change Rev24Sept2012 Page 3 of 4

VI PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permfttee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form
Printed Name
Organization
Title within the Organization
Street Address
City
Mailing Address
City
Phone
Email
State
(if different from street address)
State
Fax
Zip
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and 1 will therefore share responsibility for
compliance with the DWQ Stormwater permit As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215 1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6
Signature of the property owner
County of
Date
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20, and acknowledge the due execution of the
forgoing instrument Witness my hand and official seal,
(Notary Seal)
Notary Signature
ECEIVE
APR 0 6 1014
BY•
SSW N/O Change Rev24Sept2012 Page 4 of 4

31ot
SOSID 0992407
Date Fded 3/31/2014 9 13 00 AM
Elaine F Marshall
North Carolina Secretar} of State
ARTICLES OF AMENDMENT TO THE ARTICLES OF INCORPORATION
OF
BEACH HOUSE YACHT CLUB OWNERS ASSOCIATION, INC
(A NONPROFIT CORPORATION)
Pursuant to N C G S §55A-10-05, the undersigned nonprofit corporation hereby
submits these Articles of Amendment for the purpose of amending its Articles of Incorporation,
Association, Inc
The name of the corporation is Beach House Yacht Club Owners
The text of each amendment adopted is as follows
The Articles of Incorporation of the corporation hereby are
amended by deleting Paragraph 1 thereof and inserting in
lieu thereof the following new Paragraph 1
"1 The name of the corporation is Topsail Island Yacht
Club ("Association")
The Articles of Incorporation of the corporation hereby are
further amended by deleting Paragraph 15 thereof and
inserting in lieu thereof the following new Paragraph 15
"15 Amendment of these Articles may only be
undertaken with the affirmative vote of not less than
sixty-seven percent (67%) of all of the members of
the Association.
The above amendments were approved by the members as required by
Section 15 of the Articles of Incorporation and Chapter 55A
This document shall be effective upon filing

This the 21th day of March, 2014
Prepared by and return to
Adam M Beaudoin
For the firm of
Ward and Smith, P A
University Corporate Center
127 Racine Drive
Post Office Box 7068
Wilmington, NC 28406-7068
Telephone [phone]
Facsimile [phone]
ND 4836-2186-7286, v I
w
BEACH HOUSE YACHT CLUB OWNERS
ASSOCIATION, INC
m
2
Frank D Voh, President

General Data Impervious, Drainage Area and Volume
PROJECT NUMBER SWB
131011
Reviewer
K Johnson
DRAINAGE BASIN
White Oak
Current Date
31-Mar-14---7=7
Original Run Date
11-Dec-13
DA Number
Ong 2WI
Trench
M14
Modification
BMP Type
Infil Trench
Infil Trench
No BMP In
DA
No BMP In
DA
No BMP In
DA
No BMP In
DA
No BMP In
DA
No BMP In
DA
Receiving Stream
icww
icwW
Stream Index
Class
Impervious Area
Proposed Impervious (ALL IMPERVIOUS) Total ft2
SA
55212
SA
63 388
0
0
0
0
01
0
Onsite Buildings
12 275
3 584
Onsite Streets
19 009
0
Onsite Parking
70
0
Onsite Sidewalks
1 832
Onsite Other
23 928
1 760
Future
1 000
Offsite
Existing (this is not pre 1988 existing')
55 212
p y i
55 212
63 388
0
0
0
0
0
0
Onsite Buildings
12,275
3 5B4
Onsite Streets
19 009
0
Onsite Parking
0
Onsite Sidewalks
1 832
Onsite Other
23 928
1 760
Future
1 000
Offsite
0
Existing (this Is not pre 1988 existing)
55 212
,
Drainage Area
Drainage Area Total r2
0
55 212
0
108 800
0
0
0
0
0
0
Onsite ft2
55 212
108 800
Offslte ft'
0
0
55212
55212
0
0
0
0
0
0
Onsite ft2
55 212
55 212
Offsite ft2
0
0
Proposed DA (Being Added By Mod) ft2
0
53 588
Drainage Area Subject to Old Rule ft2
55212,
55 212
0
0
0
0
0
0
Drainage Area Subject to New Rule ft2
0
53 588
Percent Impervious Overall per DA
Volume Required
Volume Required Old Rule ft3
100 00%
6 556
58 26%
7 476
Rvaonoaeionmeo. Old Rule
095
1 08
Design Storm Old Rule In
1 5
1 5
Volume Required New Rule ft3
0
335
Rve,e oe.eio" m New Rule
005
005
005
005
005
005
005
005
Rvnou Dewieonert New Rule
005
005
Design Storm, s In
1 5
1 5
1 5
1 5
1 5
1 5
1 5
1 5
Design Storm,yaee, In
Subject to SA7 (Y or N)
y
y
Volume Required, s ft3
0
335
Volume Regwred,y24h, ft3
0
0
Volume Required Total (Old +New) Rule ft3
6 556
1
1
7811,

Infiltration Trenches
PROJECT NUMBER SW8
131011
Reviewer
K Johnson
DRAINAGE BASIN
White Oak
Current Date
31-Mar-14
Original Run Date
11-Dec-13
DA Number
Ong 2001
Trench
2014
Modification
BMP Type
Soils Report Data
Bottom of the Infl Trench Elevation Reported fmsl
Infl Trench
1 0
IMil Trench
00
No BMP in
DA
No BMP m
DA
No BMP in
DA
No BMP m
DA
No BMP m
DA
No BMP In
DA
SHWT Elevation Reported fmsl
00
00
Depth to SHWT calculated from reported ft
1 0
00
00
00
00
00
00
00
Depth to SHWT per Soils Report in
Ground Elevation at Bonng in Soils Report fmsl
Depth to SHWT per Soils Report in
000
000
000
000
000
000
000
000
Depth to SHWT per Soils Report ft
000
000
000
000
000
000
000
000
Resulting SHWT per Soils Report fmsl
000
000
000
000
000
000
000
000
Infiltration Rate Reported in/hr
Infiltration Trench Dimensions and Drawdown
Pipe 1 Diameter in
Not shown in
2001
2400
Not shown m
2001
2400
Pipe l Diameterft
200
200
000
000
000
coo
000
000
Pipe 1 Run Length It
53200
53200
No of Pipe 1 Runs/Laterals
1
1
Pipe 1 Area ft2
3 14
314
000
000
000
000
000
000
Storage in Pipe 1 ft'
1 671
1 671
0
0
0
0
0
0
Pipe 2 Diameter in
Pipe 2 Diameter ft
000
000
000
000
000
000
000
000
Pipe 2 Run Length It
No of Pipe 2 Runs/Laterals
Pipe 2 Area ft'
0001
000
000
000
000
0001
000
0001
Storage in Pipe 2 ft'
0
0
0
0
0
0
0
0
Pipe 3 Diameter in
Pipe 3 Diameter ft
000
000
000
000
000
000
000
000
Pipe 3 Run Length It
No of Pipe 3 Runs/Laterals
Pipe 3 Area ft'
000
000
000
000
000
000
000
000
Storage in Pipe 3 ft'
0
0
0
0
0
0
0
0
Length Of Trench It
5320
5320
Width Of Trench It
801
801
Height Of Trench It
40
40
Area Bottom of trench ft'
4 256
4 256
0
0
0
0
0
0
Invert (Bottom) Elevation If
1 0
00
00
00
00
00
00
00
Storage/Overtlow Elevation It
62
62
Top Elevation It
Voids Volume ft'
6 141
6 141
0
0
0
0
0
0
Volume Provided in Trench ft'
7 812
7 812
0
0
0
0
0
0
Volume Provided in Trench Reported ft3
7 810
7 812
Volume Required It
65561
1
7 811
Infiltration Rate Reported in/hr
Not shown in
2001
Not shwm in
2001
000
000
000
000
000
000
Volume to Drawdown ft'
6 556
7 811
Time to Drawdown hr
#VALUEI
#VALUEI
Time to Drawdown Reported day
Naralcn
2001
Nodoakn
2001
Time to Drawdown day
#VALUEI
#VALUEI

Johnson, Kelly
From Gilbert Reece [gwreece@charter net]
Sent Monday, March 24, 2014 7 38 AM
To Johnson, Kelly
Subject RE Beach House Yacht Club
I will drop the plans off, probably today Thanks gil
Gilbert W Reece, PE PC
Reece Engineering and Design
16747 US Hwy 17, Suite 106
Hampstead, NC 28443
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email gwreece@charternet
Professional Engineer
NC license 022659
VA license 047475
NC General Contractor #69786
Electronic drawings provided byReece Engineering and Design are intended only for the convenience of the organization they are sent to Any use of electronic
drawings provided by Reece Engineering and Design is done at the users own risk The official documents of construction are the paper prints which have been
sealed by a professional engineer The user shall rely on the official construction documents
From: Johnson, Kelly [mailto kelly D iohnson(o)ncdenr oov]
Sent: Friday, March 21, 2014 2 21 PM
To: Gilbert Reece
Cc: Frank Voli, Dan Martin
Subject: RE Beach House Yacht Club
Are you mailing a hard copy (especially of the plans]
Thanks,
KI
From: Gilbert Reece [mailto owreece(a charter net]
Sent. Friday, March 21, 2014 1 51 PM
To: Johnson, Kelly
Cc: Frank Voli, Dan Martin
Subject: Beach House Yacht Club
Kelly — Here are the items requested in your December 12 letter plus some items the changed because our allocation
number when from 68,204 on the original application to 66,000 Please call if there are any question or you need more
information Thanks Gil
Gilbert W Reece, PE PC
Reece Engineering and Design
16747 US Hwy 17, Suite 106

4
Hampstead, NC 28443
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email gwreece@charter net
Professional Engineer
NC license 022659
VA license 047475
NC General Contractor #69786
Electronic drawings provided byReece Engineering and Design are intended only for the convenience of the organization they are sent to Any use of electronic
drawings provided by Reece Engineering and Design is done at the users own risk The official documents of construction are the paper prints which have been
sealed by a professional engineer The user shall rely on the official construction documents

ENGINEERING AND DESIGN
March 21, 2014
Kelly Johnson
NCDENR Division of Energy, Mining, and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Ph 910-796-7331
Re Beach House Yacht Club Owners Association, Inc
111 North New River Drive, Surf City NC
Application for new permit narrative
Reference stormwater Permit No SW8990325MOD
Dear Ms Johnson
As you know, Stormwater Permit No SW8990325 ("Permit") originated in 1999 and includes
numerous modifications over a 13 year period This Permit encompasses three land tracts (as
part of an original parcel), separate owners, and planned development which has never come to
fruition Stormwater management facilities were built on Tract 3 as part of a dry stack boat
storage facility under a 2001 version of the Permit before the most recent 2008 modification Due
to unknown factors, those facilities were not included in the modification Ultimately, the
development anticipated by the 2008 modification never occurred
Since that time, Beach House Yacht Club Owners Association, Inc ("COX), became the owner of
Tract 3, and the other two tracts that had been retained by the developer are no longer
associated with the COA's Tract The COA wishes to construct a clubhouse and pool on its
property, but the Permit hindered that possibility
With the intent of deciphering the current permit situation and allowing the Beach House Yacht
Club Owners Association, Inc ("COA"), the owners of tract Tract 3, to proceed with new
development, a meeting was held on May 1, 2013, at the NCDENR Wilmington Regional Office
attended by Georgette Scott and Kelly Johnson (NCDENR), Michael Gallant and Martin Sorenson
for the owner of Tract 2, and Amy Wang (Ward and Smith, PA) and myself for the COA The
owner of Tract 1, which is developed with a restaurant, did not attend the meeting
At the May 1 meeting, NCDENR and the representatives of the owners of Tracts 2 and 3 worked
through how best to allocate as -yet undeveloped impervious surface among the three tracts so
that each owner could proceed with development separate and apart from the other two tracts
After the parties generally agreed in concept that the Permit should be severed and new permits
issued among the tracts, Mr Gallant proposed an allocation of remaining undeveloped
impervious surface based on the weighted percentage of total upland in each of Tracts 2 and 3
The resulting allocation to Tract 3 is 68,204 sf NCDENR representatives approved this method
and recommended that the parties agree to allocate the impervious area as was proposed The
COA agreed to the allocation
After the allocation was agreed to, the COA provided certification documentation of the capacity
and operation of the existing stormwater management facilities on Tract 3 under the dry stack
units NCDENR accepted the certification
A second meeting was held on September 10, 2013, with you and the COA, represented by Amy
Wang and myself (Reece Engineering) This meeting produced the following guidelines and
ECEsNIFF ,
VMAR 2 + 2014

— 2 — Mf ch 21, 2014
design/permitting critena for the COA to use to obtain a new stormwater permit for Tract 3 so that
the COA can proceed with its clubhouse and pool
• The COA is to submit an application for a new and separate permit number, dropping all
association with tracts not owned by the COA
• Tract 3 to be allotted (66,000 modified 3-20-14) square feet of impervious area at 1 5"
storm rate and be allowed to "revert back to the 2001 compliance standards "
• All new development in excess of this allotted area will be handled at the current storm
rates
• Tract Ts current infiltration system, as built and recognized by as certified by NCDENR,
has a capacity of 7812 cubic feet
Since the September 10, 2013 meeting Amy Wang has been negotiating the allocations with the
current property owners Tract 3 new allocation is 66,000 sq ft
The new proposed development equaling an impervious run-off area of 7172 sq ft will be
handled by the existing on -site infiltration trench This trench has enough excess capacity for the
proposed development plus an additional 1000 sq ft of future development as can be seen from
the calculations The new total impervious area is (55,212 existing + 7,176 proposed + 1000
future = 63,388) The allocation of 66,000 — 63,388 of used, leaves 2,612 sq ft of reserved
allocation at the old rate of 1 5' All run off will be directed to the current infiltration trench via
underground piping A 2008 permit modification stated that Tract 3 infiltration trench would be a
conveyance trench This is not the case and that modification was never enacted
Attached please find our application for a new storm water management permit framed with the
guidelines above If there are any questions, please contact Reece Engineering
Sincerely,
Gilbert W Reece, PE
EGE,vF-
IA
MAR 21 20%
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402 NORTH TOPSAIL DR SURF CITY, NC • 28445
PHONE [phone] FAX [phone]
EMAIL GWREECEQCHARTER NET

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Beachhouse Yacht Club - Clubhouse and Pool
03/20/2014
Reece Engineering & Design
i Stormwater Calculations
Existing storm water facilities.
Existing Stormwater Infiltration Assembly as permitted and ce
Calculations mcdx
i Impervious Area "ssite„t N4,
c
Ivlysy�nai 55212 ft2 ,.�`` b /?O "I
- - Lmufi L1TP =If 1000 ft2
LmR�1=7176 ft2 14
1 Existing provif ed capacity W*q�•
L =532 ft length i
2 ft2. - I
321= rn = 2 area of
—�votds = 4---.void sp.
ExtstangCav(((8 ft•4 ft- L)—� urrs,'L))•y.9jL)+
i 11
i
existing tre
Listing pipe
e for-#57_s
2Pwrea•L=7812 ft'
Required Volume T
I + 1
I IMPDA =LMP, tans+h'ufii =+LWj2=Waed
pg 2 5.43560 ft2 _drainage area sq_ft
i
Lwj2DA= 63388 ft2 , impervious portion sq ft
I
LA = 1 DA=0 582 _ impervious fraction.
L?� =I05+ 9•ZA=O 574 runoff coefficient
Y =3630 ft•&u•1 5• DA =7796 ft3
t 43650 f
V=7796 ft3 required volume,
E . .z..gC�v=7812 ft' existing capacity,
1 I i
E9 a�Q--
MAR 2 12014 Page 1 of 1
HY

6- w3 l 3 10 It 1 5U PPLme-nrT
INFILTRATION
TRENCH ANALYSIS
Filename 1
Project#
4909M SWS 131o1 1
Date zweep2m 3-2.0-11C
Project Name
Beach House Manna
Reviewer ta"s
Recvng Stream
ICWW
Classification SA k
Drainage Basin
Site Area
White Oak
2.Sllm acres
Hh3WN
Index # 3(��
Drainage Area l03,3 SF "
►,45 Ac
Impervious Area Calculadon
Ts 15 5ubYvvTxDA5
Rational Cc (list C after each BUA) -ram �POL6�N..( �
Buildingsi4�fi5
3'}.3i'Z
Gravel Road I - BAR
1'r+,RC4 Tttt doW PE mrr
Concrete 2t tS
4Ir1 to C 0 00 (EN61Ake,z Asieka
Other
Total ,_:°
iuo=- Tu *VQ
Percent impervious= learn
Volume/SforageCalculaffon
�3, 38 S ro8. Z'1� 20t�1 letlloot
5Ir1Le 1^Q
If Rational Method is used, place a 1 In this box
0 mo-"moo Tt
Required
01CL)1 `Fn0(kiK
Design Storm
15 in
RV
Vohinietti5ton,;`
095
_%, CF �aupplemn.w+ I$
Mt551nq Kcrh
Provided
Pipe Size 1
Pipe Size 2 5
Pipe Diameter
2 Feet TML
Length Of Pipe
532 Feet
Storage In Piping
0
1671 Cubic Feet u `jottn5un
Total Storage in Piping
"' ,: 3$?Ji. Cubic Feet U
Length Of Trench
532 Feet 3 tit/14
Width Of Trench
6 Feet
Height Of Trench
4 Feet
Cross -Sectional Area Of Trench
3200 SF
Voids Volume (40% voids)
r.i $A41
CF
Total Volume, pipe + voids
=' °702
Cubic Feet
Trench Volume per linear foot
;- °,. ,..-
fr a 1Cubic Feet
Minimum Trench length required
r
Feet
Elevation Of Bottom Of Trench
103 Mean Sea Level
Elevation Of SHWT
0 Mean Sea Level
Overflow Elevation
6 2 Mean Sea Level
Exfiltration Rate /Drawdown
Reported Hydraulic Conductivity Cubic Feet Per Hour Per Sq Ft
Bottom Surface Area 4256 Square Feet
Di81ydOW'ti ifine R hours
Comments TG�� "
Required volume, storage, and drawdown guidelines are met �AR Z 201q
51

Johnson, Kelly
From
Johnson, Kelly
Sent
Wednesday, March 12, 2014 2 05 PM
To
'Gilbert Reece'
Subject
RE calc
Attachments
Beach House 2001 Calcs pdf
Gil,
I think I transposed 8,081 Into 8,801 in my letter Sorry about that The attached 2001 calcs show that that pipe's
provided volume is 7,810cf The Intent of Item #1 is to show that the proposed water can fit Into the trench If you get
8,065cf for your volume (I haven't had time to go through the calcs, but I will go through them when they come in), then
you have to propose BUA that will fit into the trench It looks like the BUA will have to be reduced
KJ
From: Gilbert Reece [mailto gwreece(dicharter net]
Sent Monday, March 10, 2014 1102 AM
To: Johnson, Kelly
Subject calc
Hi Kelly— I'm trying to get my documentation correct hoping that this permit will get resolved soon In your letter
requesting information your calc (using the existing application data) shows a required volume of 8,801 cf (paragraph 1
a ) please see my attached calc trying to duplicate this I get 8065 cf I would like to figure out where our difference
lies so my number can match yours Thanks for the help Gil
Gilbert W Reece, PE PC
Reece Engineering and Design
16747 US Hwy 17, Suite 106
Hampstead, NC 28443
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email gwreece@charter net
Professional Engineer
NC license 022659
VA license 047475
NC General Contractor #69786
Electronic drawings provided byReece Engineering and Design are intended only for the convenience of the organization they are sent to Any use of electronic
drawings provided by Reece Engineering and Design is done at the users own risk The official documents of construction are the paper punts which have been
sealed by a professional engineer The user shall rely on the official construction documents

Johnson, Kelly
From Amy P Wang - 5516 [APW@wardandsmith com]
Sent Wednesday, March 12, 2014 1 09 PM
To Johnson, Kelly
Cc Gilbert Reece
Subject RE State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank
Owned Portion (SW8 990325)
Kelly,
I spoke to Mr Baird yesterday and his client made an alternative BUA allocation offer Our client is considering today
and I hope to hear from them by tomorrow so we can respond back and hopefully finalize the numbers for us all to
move forward with permits
Best,
Amy
� Amy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) 1 Post Office Box 867
New Bern NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmittt com
If you have recened this confidential nxssage in error please destrm it and any attachments without reading, printing
copying or for" atdim, it Please let us know of the error immediately so that we call prevent it from happening again
l ou may reply ditectly to the sender of this message Neither the namt of Ward and Smith P A or its representative
nor transmission of this email from Ward and Smdh P A shall be considered an electronic signature unless
spcufically stand otherwise in this cmad by a Iltunstd dttomty employed by Waid and Smith P A Thank you
From: Johnson, Kelly [mailto kelly p Johnson@ncdenr gov]
Sent: Wednesday, March 12, 2014 1 05 PM
To Amy P Wang - 5516
Cc: Gilbert Reece
Subject FW State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
Amy,
Please let me know when you and Mr Baird had had a chance to work through the numbers
Thanks,
Kelly
From Gilbert Reece [mailto gwreece(alcharter net]
Sent. Monday, March 10, 2014 7 59 AM
To Johnson, Kelly
Subject FW State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
Kelly — does this mean I am holding again or do/did you make the allocation call? I'm confused again Gil
Gilbert W Reece, PE PC

Reece Engineering and Design
16747 US Hwy 17, Suite 106
Hampstead, NC 28443
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email gwreece@charter net
Professional Engineer
NC license 022659
VA license 047475
NC General Contractor #69786
Electronic drawings provided byReece Engineering and Design are intended only for the convenience of the organization they are sent to Any use of electronic
drawings provided by Reece Engineering and Design is done at the users own risk The official documents of construction are the paper punts which have been
sealed by a professional engineer The user shall rely on the official construction documents
From Baird, Stanford [mailto Stanford Baird(o)klgates com]
Sent: Thursday, March 06, 2014 5 05 PM
To. Johnson, Kelly
Cc Scott, Georgette, Amy P Wang - 5516 (APW(&wardandsmith com), gwreece(&charter net, MIchael Gallant
Subject. RE State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
Ms Johnson
Thank you for your e-mail below, and thank you for working with the owners of Tract 2 and Tract 3 toward a
positive resolution of this permitting matter With regard to your Final Numbers (Item 1 below), the allocation
for Tract 1 (Restaurant) is correct However, the owners of Tract 2 (Bank) and Tract 3 (Manna) have not yet
finalized their numbers and are still discussing an appropriate allocation as between them We are confident
that agreement will be reached very soon, and we will let you know the final agreed upon allocation Thank
you for your patience and assistance
Stanford D. Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
Stanford batrdaklgates com
www klgates com
From: Johnson, Kelly [mailto kelly p iohnson(&ncdenr gov]
Sent. Wednesday, March OS, 2014 2 06 PM
To: Amy P Wang - 5516 (APW(alwardandsmith com), Baird, Stanford, gwreeceCdcharter net, MIchael Gallant

Cc Scott, Georgette
Subject: State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
All,
We are approaching the final resolution
1 Final Numbers It is my understanding that the attorneys have decided that the following will be the final
allocation of 1995 rule impervious area as previously discussed in my attached May 7, 2013 email
a Restaurant (Tract 3) 27,870sf
b Bank (Tract 2) 91,438sf
c Marina (Tract 1) 68,204sf
d Total 187,512sf
Tract 2 (The Bank Owned Portion) I Just talked to Mike Gallant, the bank's engineer He has met with the bank
representatives and they have found a way to use a swale to route the water from the restaurant around its
perimeter to an NCDOT inlet such that it will not impact either stormwater permit (the bank nor the marina)
Mike has assured me that he has been retained to modify SW8 990325 on behalf of the bank to exclude the
marina area and to show the swale I have discussed this with Georgette Mike, please respond in writing that
it is email represents the bank's intention to apply for the modification within approximately the next two
weeks as we discussed this afternoon We will keep that on file as reasonable assurance that the two entities
(the bank and the marina) can proceed on independent permitting paths
3 Tract 1 (Beach House Marina) The marina is ready to move forward and obtain their permit based on the
numbers previously agreed upon I know that the Marina representatives are eager to get their permit I will
get to it as soon as I can as soon as I hear back from Mike, which I suspect will be fairly soon
Thanks,
Kelly
Ice��l. ol�v(.sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office 910 796 7331
Fax [phone]
To ensure compliance with requirements imposed by the IRS, we inform you that any U S federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal
Revenue Code or (u) promoting marketing or recommending to another party any transaction or matter addressed within
This electronic message contains information from the law firm of KU Gates LLP The contents may be privileged and confidential and are
intended for the use of the intended addiessee(s) only If you are not an intended addressee, note that any disclosure copying, distribution, or
use of the contents of this message is prohibited If you have received this e-mail in error please contact me at Stanford BaudioAlgates com

Johnson, Kelly
From Amy P Wang - 5516 [APW@wardandsmlth com]
Sent Thursday, March 06, 2014 1 49 PM
To 'Michael Gallant', Johnson, Kelly, Baird, Stanford, gwreece@charter net, TheMartinil
@aol com, Chris Williard
Cc Scott, Georgette
Subject RE State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank
Owned Portion (SW8 990325)
Kelly,
I have not spoken with counsel for the bank as of yet, but the proposal sounds positive The numbers you
quote below are consistent with what Beach House Yacht Club (owner of Tract 3 — Tract 1 is the restaurant)
has been working with, and Gil should be able to proceed with providing any supplemental information
needed by the agency to issue the new stormwater permit
Thank you,
Amy
Amy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) 1 Post Office Box 867
New Bem NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmlth com
If you have received this confidential message in error please destroy it and any attachments without leading pnntine
copying or forwarding it Please let us know of the error unmediately ,o that we can prevent it fiom happening again
1 ou may reply duectly to the ,ender of this message Neither the name of Ward and Smith P A or its representative
not tiansmissmn of this email from Ward and Smith P A shall he considered an electronic signature unless
specifically stated otherwise in this emad by a licensed attome) emplovcd by Waid and Smith P A 1 hank you
From MIchael Gallant [mailto gallantmc(cbyahoo com]
Sent: Wednesday, March 05, 2014 2 32 PM
To: Johnson, Kelly, Amy P Wang - 5516, Baird, Stanford, gwreece(-Ocharter net, TheMartmil*aof com, Chris Williard
Cc, Scott, Georgette
Subject. Re State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
Kelly,
It is my intention to apply for the permit modification for the Bank Tract in the next two weeks
Michael C Gallant, PE
PO Box 4039
Surf City, NC 28445
910 448 1046
www michaelgallantengineer com
On Wednesday, March 5, 2014 2 06 PM, "Johnson, Kelly" <kelly P iohnson o()ncdenr oov> wrote

All,
We are approaching the final resolution
1 Final Numbers It is my understanding that the attorneys have decided that the following will be
the final allocation of 1995 rule impervious area as previously discussed in my attached May 7, 2013
email
a Restaurant (Tract 3) 27,870sf
b Bank (Tract 2) 91,438sf
c Marina (Tract 1) 68,204sf
d Total 187,512sf
2 Tract 2 (The Bank Owned Portion) I just talked to Mike Gallant, the bank's engineer He has
met with the bank representatives and they have found a way to use a swale to route the water from
the restaurant around its perimeter to an NCDOT inlet such that it will not impact either stormwater
permit (the bank nor the marina) Mike has assured me that he has been retained to modify SW8
990325 on behalf of the bank to exclude the marina area and to show the swale I have discussed
this with Georgette Mike, please respond in writing that it is email represents the bank's
intention to apply for the modification within approximately the next two weeks as we
discussed this afternoon We will keep that on file as reasonable assurance that the two entities
(the bank and the manna) can proceed on independent permitting paths
3 Tract 1 (Beach House Marina) The marina is ready to move forward and obtain their permit
based on the numbers previously agreed upon I know that the Marina representatives are eager to
get their permit I will get to it as soon as I can as soon as I hear back from Mike, which I suspect will
be fairly soon
Thanks,
Kelly
Kelly Johnson
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office 910 796 7331
Fax [phone]

Johnson, Kelly
From Gilbert Reece [gwreece@charter net]
Sent Thursday, March 06, 2014 9 23 AM
To Johnson, Kelly
Cc 'Amy P Wang - 5516'
Subject RE State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank
Owned Portion (SW8 990325)
HI Kelly— no I haven't responded to the letter yet I was holding until the allocation numbers were set I will have these
items to you by the end of next week, I may call to discuss some of the items again as I can't find my notes from our
phone call 12/16/13 (1 have moved my office and can't find stuff) thanks Gil
Gilbert W Reece, PE PC
Reece Engineering and Design
16747 US Hwy 17, Suite 106
Hampstead, NC 28443
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email gwreece@charter net
Professional Engineer
NC license 022659
VA license 047475
NC General Contractor #69786
Electronic drawings provided byReece Engmeenng and Design are intended only for the convenience of the organization they are sent to Any use of electronic
drawings provided by Reece Engineering and Design is done at the users own nsk The official documents of construction are the paper prints which have been
sealed by a professional engineer The user shall rely on the official construction documents
From. Johnson, Kelly [mailto kelly p Johnson@ncdenr gov]
Sent* Thursday, March 06, 2014 8 46 AM
To. gwreece@charter net
Cc. Amy P Wang - 5516 (APW@wardandsmith com)
Subject: FW State Stormwater Permits Beach House Marina (SW8
990325)
131011) split from the Bank Owned Portion (SW8
Gil,
Have you responded to the 12/12/13 letter? I have notes from our 12/16/13 phone call on file (below) but I do not see a
package from you on file The numbers below correspond to the numbering on the 12/12/13 letter (attached)
1 Existing Trench and Impervious Area
a Gil will look into reducing the "future" area to the trench
b Gil will submit calcs
c Gill will decide what to do about the 1995 impervious area that has been granted to the Marina that
can't fit in the trench
2 Deed Kelly will ask Amy if the "Declaration" submitted is the deed (UPDATE I talked to Amy, and she
forwarded this information to me on 12/18/13 This item is complete )
3 Supplement Form Gil will submit the supplement form
4 Plans Gil will submit something to address this item
5 CAMA N/A (this was an informational item that didn't require a response )

Thanks,
Kelly
From: MIchael Gallant [mailto gallantmc(ayahoo com]
Sent: Wednesday, March 05, 2014 2 32 PM
To: Johnson, Kelly, Amy P Wang - 5516 (APW(&wardandsmith com), Baird, Stanford, gwreece(alcharter net,
TheMartinil@aol com, Chris Williard
Cc: Scott, Georgette
Sub]ect: Re State Stormwater Permits Beach House Marina (SW8 131011) split from the Bank Owned Portion (SW8
990325)
Kelly,
It is my intention to apply for the permit modification for the Bank Tract in the next two weeks
Michael C Gallant, PE
PO Box 4039
Surf City, NC 28445
910 448 1046
www michaeloallantenoineer com
On Wednesday, March 5, 2014 2 06 PM, "Johnson, Kelly" <kelly p iohnson anncdenr oov> wrote
All,
We are approaching the final resolution
1 Final Numbers It is my understanding that the attorneys have decided that the following will be
the final allocation of 1995 rule impervious area as previously discussed in my attached May 7, 2013
email
a Restaurant (Tract 3) 27,870sf
b Bank (Tract 2) 91,438sf
c Marina (Tract 1) 68,204sf
d Total 187,512sf
2 Tract 2 (The Bank Owned Portion) I just talked to Mike Gallant, the bank's engineer He has
met with the bank representatives and they have found a way to use a swale to route the water from
the restaurant around its perimeter to an NCDOT inlet such that it will not impact either stormwater
permit (the bank nor the marina) Mike has assured me that he has been retained to modify SW8
990325 on behalf of the bank to exclude the marina area and to show the swale I have discussed
this with Georgette Mike, please respond in writing that it is email represents the bank's
intention to apply for the modification within approximately the next two weeks as we
discussed this afternoon We will keep that on file as reasonable assurance that the two entities
(the bank and the marina) can proceed on independent permitting paths
3 Tract 1 (Beach House Marina) The marina is ready to move forward and obtain their permit
based on the numbers previously agreed upon I know that the Marina representatives are eager to
get their permit I will get to it as soon as I can as soon as I hear back from Mike, which I suspect will
be fairly soon
Thanks,
Kelly

Kelly Johnson
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office 910 796 7331
Fax [phone]

Johnson, Kelly
From Johnson, Kelly
Sent Friday, February 14, 2014 10 27 AM
To 'Amy P Wang - 5516'
Cc fdvoli@gmail com, W Daniel Martin, III - 4803, gwreece@charter net, Scott, Georgette
Subject RE SW8 131011 Beach House Marina, Add Info
Amy,
We will extend the due date until April 14, 2014 But, please be advised that this will have to be the final extension
Thanks,
Kelly
From Amy P Wang - 5516 [mailto APW@wardandsmith com]
Sent: Wednesday, February 12, 2014 10 37 AM
To: Johnson, Kelly
Cc fdvoli(cOgmad com, W Daniel Martin, III - 4803, gwreece(Ccharter net
Subject RE SW8 131011 Beach House Marina, Add Info
Kelly,
As you know from Stanford Baird's e-mail on February 10, 2014, now that we have some guidance from DENR on
options to address the portion of drainage from Tract 1 flowing onto Tract 2, we are working with counsel to determine
whether and how to adjust the figures representing built upon are allocated among the owners of Tracts 2 and 3 This
may affect the information which Mr Reece provides to you in response to your December 12, 2013, letter Therefore,
we respectfully request that Beach House Yacht Club, Inc , be given additional time pending the resolution of the BUA
allocation Please extend the response date an additional 60 days to April 14, 2014
Best regards,
Amy
From Johnson, Kelly [mailto kelly p Iohnson(a ncdenr oov]
Sent: Monday, December 23, 2013 2 45 PM
To: Amy P Wang - 5516, Gilbert Reece
Cc fdvoli(algmad com, W Daniel Martin, III - 4803
Subject: RE SWB 131011 Beach House Marina, Add Info
Will do
Thanks,
Kelly
From: Amy P Wang - 5516 [mailto APW(abwardandsmith com]
Sent: Monday, December 23, 2013 12 38 PM
To: Johnson, Kelly, Gilbert Reece
Cc fdvoliCo gmail com, W Daniel Martin, III - 4803
Subject RE SW8 131011 Beach House Marina, Add Info
Kelly,

T4ank you and Georgette for your time last week on the conference call with counsel for the Bank (owner of Tract 2)
We are working with counsel to determine when Tract 1 was developed and whether it drains Into an area encompassed
by Tracts 2 and 3 Given that the results of such Intelligence gathering may result in all parties having to adjust the
figures representing built upon are allocated among the Tracts, we respectfully request that Beach House Yacht Club,
Inc , be given additional time to provide the Information you requested in your December 12 letter regarding the
pending application for a new Stormwater Permit Please extend the response date to February 13, 2014
Kind regards,
Amy
Amy P. Wang
Attomey I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) l Post Office Box 867
New Bern NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmith corn
If you have received this conlidtntial message in erroi please desaoy it and airy attachments without ieadutg, printing,
copvmg or tot"ardmg it Please let us know of the en or immediately so that we can Prevent it from happening again
You may reply directly to the senclei of this message Ncithei the name of Ward and Smith P A or its representative,
not tiansmission of this email from Ward and Smith P A shall be considered an electronic signature unless
specifically stated other" ise tit this email by a licensed attomey employed by Ward and Smith, P A t hank you
From- Johnson, Kelly [mailto kelly o iohnson(alncdenr oov]
Sent, Thursday, December 12, 2013 3 02 PM
To. Gilbert Reece
Cc: Amy P Wang - 5516
Subject. SW8 131011 Beach House Marina, Add Info
Gilbert,
Please seethe attached letter which will be mailed today I have cc's Amy Wang, the attorney for the Marina, because
we have an upcoming meeting with her next week
Kelly
KeLLUJohln,solti
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
227 Cardinal Drive Extension
Wilmington, NC 29405-3845
Office 910 796 7331
Fax [phone]

Johnson, Kelly
From
Sent
To
Cc
Subject
Ms Johnson
Baird, Stanford [Stanford Baird@klgates com]
Monday, February 10, 2014 10 38 AM
Johnson, Kelly
Scott, Georgette, Joyce, Jim L , Amy P Wang
L.
5516 (APW@wardandsmith com), Joyce, Jim
RE Beach House Manna/SW8 990325 (Pender County)
Thank you very much for your assistance and review in this matter We are reviewing the two options you
described and are conferring with our client and the owner of Tract 3 We will be back in touch in the near
term
Thank you again
Stanford A Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
stanford baird2k1gates com
www klgates com
From Johnson, Kelly [mailto kelly p Johnson@ncdenr gov]
Sent: Thursday, February 06, 2014 9 22 AM
To: Baud, Stanford
Cc: Scott, Georgette, Joyce, Jim L , Amy P Wang - 5516 (APW@wardandsmith com)
Subject: RE Beach House Marina/SW8 990325 (Pender County)
Mr Baird,
I have reviewed the information you have submitted below regarding the corner restaurant parcel that was previously
permitted as an outparcel to drain to permit SW8 990325 Since that restaurant was built prior to the original 1988 NC
Stormwater rules (it was built in 1969), then the portion of the restaurant that has been found to drain away from SW8
990325 does not have to be treated The northern portion of the restaurant that drains to SW8 990325 will have to be
considered
There are two ways to move forward
1 ) Let the northern portion of the restaurant continue to drain to SW8 990325 (which will eventually be Tract 2's
permit) If you do this, then you will treat the impervious area from the northern portion of the restaurant in
the SW8 990325 BMP This would be required because that impervious area would be inside the drainage area
to that BMP, and so water from the restaurant would take up space in the BMP and so the BMP would have to

Johnson, Kelly
From Johnson, Kelly
Sent Thursday, February 06, 2014 9 22 AM
To 'Baird, Stanford'
Cc Scott, Georgette, Joyce, Jim L , Amy P Wang - 5516 (APW@wardandsmith com)
Subject RE Beach House Manna/SW8 990325 (Pender County)
Mr Baird,
I have reviewed the information you have submitted below regarding the corner restaurant parcel that was previously
permitted as an outparcel to drain to permit SW8 990325 Since that restaurant was built prior to the original 1988 NC
Stormwater rules (it was built in 1969), then the portion of the restaurant that has been found to drain away from SW8
990325 does not have to be treated The northern portion of the restaurant that drams to SW8 990325 will have to be
considered
There are two ways to move forward
1 ) Let the northern portion of the restaurant continue to drain to SW8 990325 (which will eventually be Tract 2's
permit) If you do this, then you will treat the impervious area from the northern portion of the restaurant in
the SW8 990325 BMP This would be required because that impervious area would be inside the drainage area
to that BMP, and so water from the restaurant would take up space in the BMP and so the BMP would have to
be designed/sized to handle it If the restaurant is 31,800sf, and —25% drains to SW8 990325 then that is
8,OOOsf At 1 5", the approximate treatment volume is—1,OOOcf
2 ) Route the restaurant's water around SW8 990325 Technically, from a State Stormwater perspective you could
route the northern portion of the restaurant's water around the SW8 990325 BMP because it was not required
to get a permit If you do that, then the restaurant is not in the BMP's drainage area so its water does not take
up space in the BMP and so the BMP would not have to be designed/sized to handle it But, you cannot create a
direct outlet channel or pipe to SA waters under the 1995 or the 2008 stormwater rule So, you cannot pipe it to
the waterway You would have to find somewhere else to pipe it to You will have to determine the feasibility
of this option to see if it will work for you Sometimes older sites can be hard to retrofit
Please let me know what you all decide to do Obviously, option #1 above is better for the environment and so I have to
recommend that one But, it may also prove to be easier, and the relative volume (and therefore the associated cost)
required may not be considered to be that substantial
Kelly
From: Baird, Stanford [matlto Stanford Baird@klgates com]
Sent: Monday, January 27, 2014 4 11 PM
To- Johnson, Kelly
Cc, Scott, Georgette, Joyce, Jim L , Amy P Wang - 5516 (APW@wardandsmith com)
Subject: RE Beach House Manna/SW8 990325 (Pender County)
Kelly
Thank you for your e-mail We appreciate your help

K&L GATES
Stanford D Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
stanford bairdakleates Loin
www klaates com
From: Johnson, Kelly [mailto kelly p lohnson(alncdenr gov]
Sent. Monday, January 27, 2014 4 08 PM
To: Baird, Stanford
Cc: Scott, Georgette
Subject. RE Beach House Marina/SW8 990325 (Pender County)
Stanford,
I lust wanted to touch base with you I haven't forgotten about this I have lust had other things that I have had to
address I will get back with you soon
Thanks,
Kelly
From: Baird, Stanford [mailto Stanford Baird(&klgates com]
Sent. Friday, January 17, 2014 3 54 PM
To: Johnson, Kelly
Cc: Scott, Georgette, Joyce, Jim L , Betz, Camden, Amy P Wang - 5516
Subject RE Beach House Marina/SW8 990325 (Pender County)
Kelly
This message follows up on our conference call on December 18, 2013 regarding stormwater permit SW8
990325, as well as your e-mail summarizing that meeting As we discussed, the representatives of the owner of
Tract 2 and the owner of Tract 3 have researched the age of the development on Tract 1 and stormwater
drainage from Tract 1
First, with regard to when Tract 1 was developed, based on aenal photography, Tract 1 has been fully or nearly
fully developed since at least 1969 Attached are an aenal photograph of the site from 1969 and the most recent
Pender County aerial photo (from 2010) for comparison As you can see, it appears from these pictures that
substantially the same structure and development that exists on Tract 1 today was there in 1969 and well before
North Carolina's stormwater regulations were promulgated
Second, regarding drainage from Tract 1, the owner of Tract 3 inquired with its engineer regarding Tract l's
drainage pattern After a site visit, the engineer reported that Tract 1 has stormwater inverts on three sides of
the property (west, east, and south), and that stormwater from Tract 1 drains in each of those directions and
flows into such inverts The current tenant of Tract 1 confirmed that these stormwater inverts have been in
place and functioning since at least the time the tenant came to Tract 1 in 2002 Drainage from the north side of

Tract 1 appears to dram toward Tract 2 via sheet flow Given that Tract 1 drains into stormwater inverts on the
other three sides, likely no more than 25% of the stormwater from Tract 1 drains onto Tract 2
Given this information, please let us know your thoughts regarding how this factors into our efforts to permit
Tract 2 and Tract 3
Stanford D. Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
stanford baird a klaates coin
www k1pates com
From, Johnson, Kelly [mailto kelly o iohnson(a)ncdenr gov]
Sent, Wednesday, December 18, 2013 2 12 PM
To: Amy P Wang - 5516, Baird, Stanford, Scott, Georgette
Cc. Joyce, Jim L , Betz, Camden
Subject: RE Beach House Marina/SW8 990325 (Pender County)
All,
Here are my notes from this afternoon's meeting which I will leave on file
1) The representatives of Tract 2 (the bank) and Tract 3 (the Marina Condo Association) will determine when the
corner restaurant parcel (Tract 1) was built and where it drains Since it was shown as draining to the permitted
project as an offsite parcel in the 2008 permit, it needs to be addressed Here are the options for addressing
Tract 1
a Old & Drain To If the restaurant was built pre-1988 and drams to the area currently permitted under
SW8 990325 then its water has to be treated in a BMP on the land that it drains to because its water will
take up space in that neighbor's BMP The restaurant is believed to have 27,870 sf of the total area
permitted under SW8 990325 in 2008 Per previous discussions with Mike Gallant (the engineer who
designed the 2008 permitted system), the restaurant is likely at full -build out and so we do not believe
that it could have any impervious added in the future The restaurant is not shown to be in the drainage
area of Tract 3's current permit application, and so it would probably drain to Tract 2 1 suspect that this
will be the case, or the engineer would not have proposed to treat the restaurant in the SW8 990325
BMP in 2008 He would have excluded the restaurant from the drainage area
b Old & Drain Away If it was built pre-1988 and does not drain to the area currently permitted under
SW8 990325, then this is a non -issue The restaurant would not have had to get a stormwater permit,
and its water would not affect any neighboring BMP in this case
c New & Drain To If it was built after 1988 and drains to the area currently permitted under SW8 990325,
then it has to be treated in a BMP (presumably on Tract 2) because its water will take up space in that
BMP's design The main problem here will be that the 2008 BMP was not built, and so the water is not
being treated the way it was designed

d New & Drain Away If the restaurant was built after 1/1/88 and does not drain to the area currently
permitted under SW8 990325 then we will have to figure out why it was shown to drain to SW8 990325
in 2008
2 ) The currently permitted amount of impervious area under SW8 990325 is 187,512sf The owners of Tract 2 and
Tract 3 will negotiate the 159,642sf of available impervious area (=187,512-27,870) that will be developed per
the 1995 rules The manner in which you divide the available area is up to you Just let us know the final
numbers which need to total 187,512sf for the three tracts
3) Tract 2 will submit a permit application to secure the agreed upon amount of impervious area under the 1995
rule We understand that the owners do not have development plans in place yet, and so this will be a
placeholder permit essentially showing a future allocation of impervious under the 1995 rule The permit will
say that any additional impervious area beyond the agreed upon 1995 amount will be subject to the rule in place
at the time Tract 2 is later designed and the permit is modified to reflect that design (If it turns out that Tract 1
drains to Tract 2, then we will have to discuss this further with your engineer because we need to address Tract
1's water If it is "old and drain to" then perhaps it can be routed around Tract 2's project? If it is "new and
drain to" then it has to be treated because it triggered the need to have a permit )
Kelly
From Amy P Wang - 5516 [mailto APWCalwardandsmith com]
Sent: Thursday, December 12, 2013 2 06 PM
To* 'Baird, Stanford', Johnson, Kelly, Scott, Georgette
Cc: Joyce, Jim L , Betz, Camden
Subject: RE Beach House Marina/SW8 990325 (Pender County)
That is my understanding as well I have been unable to fully determine the current ownership/control status of that
parcel to even suggest who would be appropriate to ask
Amy
From: Baird, Stanford [mailto Stanford Baird(&klgates com]
Sent: Thursday, December 12, 2013 10 58 AM
To Johnson, Kelly, Amy P Wang - 5516, Scott, Georgette
Cc Joyce, Jim L , Betz, Camden
Subject: RE Beach House Manna/SW8 990325 (Pender County)
My understanding is that there not be anyone related to Tract 1 on the call
Stanford D. Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]

stantord bandRklgates com
www k1gates com
From Johnson, Kelly [mailto kelly p lohnsonCabncdenr oov]
Sent: Thursday, December 12, 2013 10 44 AM
To Baird, Stanford, Amy P Wang - 5516, Scott, Georgette
Cc Joyce, Jim L , Betz, Camden
Subject: RE Beach House Manna/SW8 990325 (Pender County)
Will there be anyone at the meeting representing the restaurant parcel (tract 1)P
From, Baird, Stanford [mailto Stanford Baircl(ftlgates com]
Sent: Wednesday, December 11, 2013 3 08 PM
To' Amy P Wang - 5516, Johnson, Kelly, Scott, Georgette
Cc: Joyce, Jim L , Betz, Camden
Subject RE Beach House Manna/SW8 990325 (Pender County)
Kelly and Georgette
Thank you very much for your assistance with this matter, and we look forward to working with you Jim Joyce
and I represent Redus NC Coastal, LLC, which is an affiliate of Wells Fargo and owns Tract 2, certain condo
units of Tract 3, and certain other declarant rights related to Tract 3 Attached are the Trustee's Deed and the
Transfer of Declarant Rights by which the bank acquired its interests
We are still in discussions with BHYC condo association regarding the proper allocation of impervious area for
future development as between the bank and BHYC after the currently existing area for Tract 1 is subtracted
(27,870 sf) We will plan to continue those discussions prior to our call next week Otherwise, yes, we would
like to discuss logistics and procedures for issuance of a permit to the bank for the allocated impervious area as
may be agreed upon by the bank and BHYC condo association
We are available next Wednesday, December 18, 2013 at 1pm for the call I would be happy to circulate a
conference call -in number for that
Thank you
Stanford D. Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
Stanford baird(r�,klgates com
www klgates c,om

From: Amy P Wang - 5516 [mailto APWCawardandsmith com]
Sent Wednesday, December 11, 2013 2 32 PM
To 'Johnson, Kelly', Scott, Georgette
Cc: Baird, Stanford, Joyce, Jim L
Subject RE Beach House Manna/SW8 990325 (fender County)
Kelly,
Generally speaking, yes that is correct The numbers you list below reflect the total impervious allocated as a result of
the May meeting Tract 1 already has that amount of BUA in existence, Tract 2 only has 15,000 existing and Tract 3 has
56,400 Based on these allocations, BHYC (the condo association) prepared an application for a new stormwater permit
to cover development plans for a clubhouse and pool to be constructed on Tract 3 -which would take up most of the
difference between 68,204 and 56,400 (-11,804) After we provided certification documentation sufficient for
DWQ/DEMLR to determine the existing infiltration system was installed and is operating as permitted back in 2001, and
after consulting with Linda, we submitted that application
Yes, I am available next Wednesday at 1PM - Stanford and Jim, will that work for both of you?
From, Johnson, Kelly [mailto kelly p Johnson(abncdenr gov]
Sent: Wednesday, December 11, 2013 2 06 PM
To Amy P Wang - 5516, Scott, Georgette
Cc, Stanford baird(cbklgates com, Tim loyce(cbklgates com
Subject: RE Beach House Manna/SW8 990325 (fender County)
Amy,
Georgette and I are available Wednesday afternoon, 12/18 at 1pm Does that work for you? I assume that your
questions are related to how the bank will become the permittee, how to separate the restaurant's portion, and the
paperwork involved? I talked quickly with Georgette & Linda, and they said that the plan was to keep the same
impervious allocation as you and I had discussed in May to divvy out the previously -permitted impervious under the
1995 rule (below) Then, any impervious over these values would be subject to the 2008 rule Is that correct?
Restaurant (Tract 1) 27,870 sf
Bank (Tract 2) 91,438 sf
Condo (Tract 3) 68,204 sf
Total 187,512 sf
CA
From. Amy P Wang - 5516 [mailto APWCalwardandsmith com]
Sent: Wednesday, December 11, 2013 10 58 AM
To, Scott, Georgette
Cc Johnson, Kelly, Lewis,Linda, stanford bairdCalklgates com, 11m loyce(Ulgates com
Subject: RE Beach House Manna/SW8 990325 (fender County)
Georgette, thanks for the response Kelly, welcome back)
We will be able to provide DEMLR evidence of ownership and control for Tracts 2 (REDUS NC Coastal) and 3 (Beach
House Yacht Club Owners Association, Inc ) without problem However, the ownership of Tract 1 is uncertain and likely

tied up in bankruptcy similar to the fate of the permittee As we discussed back in October, Tract 1 would not be
allocated any remaining BUA given Its current state of Imperviousness
A brief phone conference with counsel for REDUS would be helpful to get Kelly up to speed, confirm where things stand
for DEMLR to approve the pending Stormwater Permit application, and address the treatment of Tract 2 pending
subsequent development plans Let me know if there are times you and Kelly can be available either this Friday or next
week, and I can coordinate with counsel
Thanks,
Amy
From: Scott, Georgette [mailto georgette scott(la ncdenr gov]
Sent Wednesday, December 11, 2013 10 04 AM
To. Amy P Wang - 5516
Cc Johnson, Kelly, Lewis,Linda
Subject: RE Beach House Marina/SW8 990325 (Pender County)
Amy,
You really don't need the original permittee signature anymore if you can provide me legal documentation that
the new potential permrttees own the other tracts We can discuss on the phone if you want
By the way, Linda is trying to get everything wrapped up before the holidays so Kelly is taking this project
back Linda and I can fill her in on what has happened thus far if need be
Georgette
From Amy P Wang - 5516 [mailto APW(alwardandsmith com]
Sent: Monday, December 09, 2013 1146 AM
To, Scott, Georgette, Lewis,Linda
Cc. stanford baird(a5)kloates com, Jim Joyce(cbklgates com
Subject. Beach House Marina/SW8 990325 (Pender County)
Good morning, Georgette and Linda We have been working with counsel for REDUS NC Coastal, LLC (Wells Fargo) —
Stanford and Jim, who are cc'd above - on the allocation of BUA between the owners of Tracts 2 and 3 to facilitate the
development plans submitted by Beach House Yacht Club Owners Association, Inc, to DEMLR We would like to
schedule a conference with you to discuss the transfer or bifurcation of the existing Stormwater Permit without the
participation of the permittee, Beach House Marina, LLC, under Session Law 2013-121 Is there a time over the next
week that you both can be available?
Best regards,
Amy
Amy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) 1 Post Office Box 867
New Bern NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmith com
If you have received this confidcnhal message in error please desuoy It and any attachment~ without reeding, printing
copying or tomardin: it Pleasc let us know of the enor immediately so that we can pievent it Gom happening again
1 ou inay reply directly to the sender of this message Neither the name of ward and Smith PA or its represcntame,
nor a ansnussion of this email from Ward and Smith P A , shall be considered an electronic. signature uiilecs

,pecrfically titated othernne in thn email by a licensed attorncv employed by Ward and Smith P A Thank you
To ensure compliance with requirements imposed by the IRS, we inform you that any U S federal tax advice contained in this communication
(including any attachments) is not intended or written to be used, and cannot be used for the purpose of h) avoiding penalties under the Internal
Revenue Code or hi) promoting marketing or recommending to another party any transaction or matter addressed within
This electronic message contains information from the law firm of K&L Gates LLP The contents may be privileged and confidential and are
intended for the use of the intended addressee(s) only If you are not an intended addressee note that any disclosure copying distribution of
use of the contents of this message is piohibited If you have received this e-mail in error, please contact me at Stanford Baird(a)klaates com

From Casmer, Jo
Sent Monday, December 16, 2013 8 34 AM
To 'Jack E Zapple'
Subject RE SW8 131011 Beach House Yacht Club
Attachments Beach House Yacht Club pdf
Here you go, Jack Kelly approved of me sending the application to you
Jo Casmer
Administrative Assistant IV
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington NC 28405
Phone [phone]
Fax [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From Jack E Zapple [mailto JEZaooleCcbwardandsmith com]
Sent: Friday, December 13, 2013 2 23 PM
To: Casmer, Jo
Subject, RE SW8 131011 Beach House Yacht Club
Thank you for your prompt response, just as an FYI I am contacting you on behalf of Ms Amy Wang, and the applicant is
our current client, our engineer simply forgot to make us a copy However, if the application is out of the office I
understand that getting a copy may have to wait until Monday
Have a wonderful weekend
-Jack Zapple
From: Casmer, Jo [mailto jo casmer(&ncdenr gov]
Sent: Friday, December 13, 2013 2 08 PM
To: Jack E Zapple
Cc: Scott, Georgette
Subject. RE SW8 131011 Beach House Yacht Club
Jack I've determined that this file is currently in the hands of Kelly Johnson being reviewed for permitting (this is a new
application) Kelly is out for the rest of the day and I've consulted with the Stormwater Supervisor — she has indicated to
me that your request will need to wait until Monday once Kelly returns, since this is not an approved application and/or
permit as yet If this is a problem, let me know and I can refer you to the Supervisor
Jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone [phone]

Fax [phone]
-�i
Emad correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From: Jack E Zapple fmallto JEZapple(cbwardandsmith com]
Sent: Friday, December 13, 2013 142 PM
To Casmer, Jo
Subject: RE SW8 131011 Beach House Yacht Club
Not a problem, I understand how busy it can get, especially with people out of the office Like I said, if it would make it
easier for you I can drop by and make the copies myself The application in question is SW8 131011 Whichever way
you prefer
-Jack
Jack E. Zapple
mi
Admstrahve Assistant
Ward and Smith, P A
127 Racine Drive I University Corporate Center (28403)
Post Office Box 7068 1 Wilmington, NC 28406-7068
P 910 794 48541 F 910 794 4877
V card I www wardandsm th com
If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or
forwarding it Please let us know of the error immediately so that we can prevent it from happening again You may reply directly to
the sender of this message Neither the name of Ward and Smith, P A or its representative, nor transmission of this email from Ward
and Smith, P A , shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney
employed by Ward and Smith, P A Thank you
From: Casmer, Jo [mallto Jo casmer(cimcdenr gov)
Sent. Friday, December 13, 2013 1 37 PM
To: Jack E Zapple
Subject, SW8 131011 Beach House Yacht Club
Jack — Bear with me Our receptionist is out today and several of us have had to fill in up front can't work from up
there Back in my office now and trying to catchup with all that needs to be done and well as go to lunch I'II be back in
touchtoday
jo Casmer
Administrative Assistant IV
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone [phone]
Fax [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and maybe disclosed to third
parties

'
r-II f-r)
PSa,a0. rnaarr to ovt9/zosr OI J';I 29 PH 2 07
R,eptt 9270oo o0
60NA Real Es-ata
0OKGIc N SrtICEC 00L
A Excise Tax SHOf DEEDS
PE40En COUNTY NC
DATE 01ii. TNT
PREPARE) R JAY SHORT, JR
FLETCHER. RAY & SATTERFIELD L L P
BK3263PG 161
l5 �ocO-NQ� CY\)
CTt.\ts IS 5-rAvU-o
lzwos Qf�A1ED To
5QU\—('1 W f7 1 Z3 13101 I FL/n
swsgao aas�
yr — °A'1"I'URNEYSA'I'LAW Recorded and Verified
PARCEL ID NUMBER Joyce M Swrcegood
Register of Deeds
REVENUESTAMP $27,00000 Pander Co=%NC
v
STATE OF NORTH CAROLINA
COUNTY OF PENDER WARRANTYDE sED
THIS DEED, made this l�4 d y of June, 2007, by and between BEACH HOUSE MARINA,
\ LLC, a duly organized and existing North Carolina Limited Liability Company with its principal place
of business mPender County, North Carolina, Grantor, and SURF CITY INVESTMENTS, INC,
Grantee, whose mailing address is 1900 Eastwood Rd Ste 11, Wilmington, North Carolina
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural masculine, feminine or neuter as required
by context.
WITNESSETH
That the Grantor for a valuable consideration paid by the Grantees, the receipt of which is
hereby acknowledged, has and by these presents does give, grant, bargain sell and convey unto the
Grantee, in fee simple, all that certain lot or parcel of land situated in Pender County, State of North
Carolina, and more particularly described as follows
3Q&x.,e d
\a
A� --G�"—'

OK3263PG 16?
See Exhibit A
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantees in fee simple
And the Grantor covenants with the Grantees, that Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated Title to the property heremabove described
is subject to the following exceptions
1 2007 ad valorem property taxes
2 Applicable restrictions and easements of record
3 All local, county, state and federal laws and regulations relative to the
zoning, occupancy, subdivision, usage, construction and development
of the described property
IN WITNESS WHEREOF the Grantor has caused this instrument to be signed in its company
name by its duly authonzed officer, the day and year f0t above written
: -M,
_y

BK3263PG 1 63
STATE OF NORTH CAROLINA
COUNTY OF NEW H�A1NOVIER
li tChi'nC b, t'adeJ , a Notary Public of the County and State aforesaid, certify
that f`ltI Gi+: personally appeared before me this day and acknowledged that he is a
member/manager of BEACH ACH HOUSE MARINA LLC, a North Carolina limited liability company,
and that he as member/manager, being authorized to do so, executed the foregoing instrument on behalf
of the limited Lability company
Witness my hand and official stamp or seal, this thea]day of June, 2007
'u c�ic�rP�Q
Notary Public
`�oti�EQxtlE G 8441.
My Commission expires {L NOTARY .-
(AFFIX SEAL)
'$ 'OUB1-�G 2
Y,q
is certified to b correct This instrument and this certificate a{@ duly registered at the date and time
in the Book and age shown�on the first page hereof
REGISTER OF
This the _ day of Jibe, 2007
evaoo irvn.. i u ow,..rma r�.. v.. ow. v u.oe
-3-
of Deeds

BK3263P6164
EXHIBIT A
LEGAL DESCRIPTION
That certain tract or parcel of land lying and being situate in the
Town of Surf City, Pander County, North Carolina, shown and
designated as TRACT 3 on that certain map or plat entitled
"SUBDIVISION OF BEACH HOUSE MARINA, LLC," prepared
by Michael Underwood and Associates, P A, and recorded in Map
Book 45, at Page 001, on Slide 604, in the office of the Register of
Deeds of Pender County, North Carohna, the description of said
TRACT as designated on the identified map being incorporated
herein by reference
The above tract is conveyed together vnth all npanan rights and
appurtenant easements
840059 00255-001
WLMAM164030\1

Johnson, Kelly
From Amy P Wang - 5516 [APW@wardandsmlth com]
Sent Wednesday, December 18, 2013 3 08 PM
To Johnson, Kelly
Cc Gilbert Reece
Subject RE Beach House Yacht Club, Deed
Attachments Warranty Deed for Tract 3 pdf
Kelly,
That's exactly right The developer/condominium declarant transferred all rights to Tract 3 to the Condo Association
I've also attached a Warranty Deed that goes with It that I believe was submitted with either the permit application or
the certification materials that we sent back In July The Warranty Deed and Declaration of Condominium transfer rights
to Tract 3 to Beach House Yacht Club Condominium (see pp 1-2 and 38 of the Declaration)
Amy
Amy P Wang
I > t Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562)1 Post Office Box 867
New Bern NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmlth corn
If you has( teeerved this confidential message in error please destrov it and anv anachmenh without reading printing
oopymg or fomaidmg it Please let us know of the error immWiately so that we oan prevent it from happening again
) ou may rcplN ditcctly to the sender of this message Neithei the name of Ward and Smith P A or its icpicsentativc
nor transnussion of this email from Ward and Smith P A shall be considered an electronic signatme unless
specifically stated otherwise in this email by a hccnsed attorney emploved by Wald and Smith P A Thank you
From. Johnson, Kelly [mailto kelly o iohnson@ncdenr gov]
Sent: Wednesday, December 18, 2013 2 30 PM
To Amy P Wang - 5516
Cc: Gilbert Reece
Sub)lect: Beach House Yacht Club, Deed
Amy,
I am looking for the deed to the Beach House property showing that they own the land that the trench Is on I talked to
Gilbert and he said that he thinks the attached document Is the deed It Is different than the typical Grantor/Grantee
deed I normally see, but that could just be because It Is a condo I don't know Is this the appropriate document?
Thanks,
Kelly
KEI I I�Dk Vus0Vt,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension

l�'III�I11�IUR��ill �lllPy�t TeacheYpf 19 to PROP
er t Page
Faye Teachey Prevatte Register of Deeds
08-31-2012 08 02 50 age Pender CountY. NC
NC REVENUE STAPP :5200 00 (#44089)
/PREPARED BY AND RCfURN TO
V CamdenC Betz Esq
KRL Gates LLP
P O Box 17047
Raleigh NC27619-7047
Pawl ID Numb= 47.35-804097-0000
Ex=sc T T5200 00
TRUSTEE'S DEED
NORTH CAROLINA
PENDER COUNTY
THIS TRUSTEE'S DEED made this 31' day of August, 2012, by and between JOHN C.
BIRCHER, III, Trustee, vnth a mailing address of 1319 Commerce Drive, New Bem, North
Carolina 28563 ("Grantor"), and REDUS NC COASTAL, LLC ("Grantee') a Delaware
limited liability company, with a mailing address of 301 South College Street Charlotte, North ✓
Carolina 28288,
WHEREAS, on February 24, 2011, Surf City Investments, LLC ( Debtor"), by operation
of corporate merger with Beach House Manna, LLC, acquired title to the Property (as defined
below) located in Pender County, North Carolina,
WHEREAS, on February 24, 2011, Surf City Investments, LLC filed a voluntary
bankruptcy petition under Chapter 11 of the United States Bankruptcy Code and John C Bircher
III was appointed as Chapter 11 Trustee on July 29, 2011 to fulfill the duties as stated in i 1
U.S C §1104 and the case was converted to Chapter 7 on February 1, 2012, copies of said
conversion and orders appointing John C Bircher III as Trustee are attached hereto as Exhibit A,
Exhibit B, and Exhibit C;
WHEREAS, an Order Approving the Motion to Sell Free and Clear granting authority to
sell property free and clear of hens was entered on March 30, 2012 for the Property (as defined
below) and a copy of the Order is attached as Exhibit D and is incorporated by reference, and
WHEREAS, an order allowing Report of Sale and Motion for Distribution was entered
on May 29, 2012
RM3073851 vl

�IIIIIIIIIIII�llllllllflulllllilU 84114 a0313 08 2 50 6 0
Pender County, NC Register of Deeds page 2 of 14
a
NOW, THEREFORE, in consideration of the premises and the stun of $2,600,000 00
paid to Grantor by Grantee, the receipt of which is hereby acknowledged, Grantor does hereby
bargain, sell, grant and convey unto Grantee and its successors and assigns all of Grantor's right,
title and interest in that certain lot or parcel of land lying and being in the County of Pender,
State of North Carolina, and being more particularly described on Exhibit E attached hereto and
incorporated herein by reference (including any improvements thereon) (the "Property")
TO HAVE AND TO HOLD the Property, together with all privileges and appurtenances
as thereunto belonging unto Grantee, its successors and assigns, forever, in as full and ample
manner as Grantor is authorized and empowered to convey the same Grantor makes no
warranty, express or implied, as to title to the Property Grantor conveys this Property "AS IS'
and "WHERE IS" with no warranty as to title, marketability or environmental status Grantor,
only in his respective fiduciary capacity as Trustee, on behalf of Debtor's estate, and without
personal, individual or corporate hability, entered mto this Trustee's Deed
(Signature Page Follows)

I#jQj�11111111111111�11111111 B41Z4 M14P O'-5100P
Pendor County, NC Register of Deeds page 3 of IN
IN WITNESS WHEREOF, Grantor has hereunto set his hand and affixed Ins seal the day
and year first above written
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I certify that the following person personally appeared before me this day and
acknowledged to me that he or she voluntarily signed the foregoing document for the purpose
stated therem and in the capacity indicated John C Bircher, III
This the o? 7 day of August, 2012
My Commission Expires
otary Public
17 20 ( U Print Name d&ff6itf
[Affix Notary Stamp or Seal]
Ci
NOTARY
PUBLIC

IillIJill IIIIIIIIIIIIIII1IIIIIIIII E124 p�15 ' to2PPRROP
Pander eeta>ty, NC Register of Oseds papa 4 of 14
Case 11-01398-8-RDD Doc 1 Filed 02/24/11 Entered 02/24/11 18 15 46 Page 1 of 39
t 1
United States Ban6rupte) Court
Voluntary Petition
Eastern Dlbtrict or Korth Carolina - Raleigh Dn Isson
haln. ,11) ttor,J mJ,, d,31 an, Ivt hN, %IIJJI,I
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IIIIIIIIIIIIIIIIIIIIIIII�aIIIIIIIII BF MIS aa�at�e ON
Ponder Canty, NC Register of Deeds page 5 of 14
Case 11-01398-8-RDD Doc 200 Filed 07/29/11 Entered 07/29/11 14 50 45 Pagq.,l M1of 4
SO ORDERED. -
SIGNED this 29 day of July, 2011 Y;'''•' a
andy D Doub
Untied States Bankruptcy Judge
UNITED ST \TES 13 XNKRUPTCY COUR'1
EAS7 ERN DIS fRIC'1 OF NORTH CAROLINA
WILMINC I ON DIVISION
IN RE
CH4PTER I I
SURF CITY INVESTMENTS, LLC CASE NO. I1-01398-8-RDD
DEBTOR
THIS NIATIFER came before the Court for hearing on Jul\ 23. 2011 (continued from
Jul% 7 2011) on Carious Motions nd Responses, uuludme the Motion of M01i Fargo Bank
Ni A ( Wells I argo ) to C nnvt,n or Appoint a C hapti.r I I 1 ru�lt,c the Debtor s Objection to that
Motion and the Bankruptcy \dmmntruim Response in Suppon of that Motion Tht. parties

IIIII II➢II IIkIIIIIIIIIillllllll�l Kq P0317 00 02 50'ON
Pender ty, NC Register of Deeds pegs 6 of 14
Case 11-01398-&RDD Doc 200 Filed 07/29/11 Entered 07/29/11 14 50 45 Page 2 of 4
have consented to the Appointment of John Bircher of the Law Firm of White and Allen, P. A as
Chapter 11 Trustee pursuant to 11 U.S.0 § 1104 as set forth below. Wells Fargo was also
prepared to proceed on its pending Motion for Relief from Stay on July 29, 2011 However, in
view of the Trustee's appointment and upon the request of the Bankruptcy Administrator, Wells
Fargo has consented to continue the hearing on that Motion in light of the Trustee's appointment
to August 16, 2011 It appears to the Court from a review of the record that all parties in interest
in this action were served with a copy of the Motion and Notice of the same and that entry of this
Order is in the best interests of the estate and all parties in view of the record in this case
IT IS NOW, THEREFORE, ORDERED, ADJUDGED, AND DECREED, as follows:
I The Motion to Convert is denied The Motion to Appoint a Chapter I 1 Trustee is
granted, pursuant to I 1 U.S.C. § 1104, John Bircher of the law fine of White and Allen, P.A.
shall be appointed immediately as Chapter I I Tnistee in this ease with all powers and duties of a
Trustee under 1 I U.S C § 1106(a) and with no exception to such powers and duties whatsoever.
2 That the Trustee shall appear before the Court on August 16, 2011 at 9,30 a in to
report on the status of the case and such other matters as the Trustee shall deem appropriate to
report at that time.
3 That the hearing on Wells Fargo's Motion for Relief from Stay is hereby
continued by consent of Wells Fargo until August 16, 2011 to be heard after the Trustee's status
report.
4. That because the Cou11'3 Final Order on Cash Collateral entered in this case on
May 6, 2011 provides that the authority to use Wells Fargo's cash collateral terminates upon
entry of an order appointing a Trustee, Wells Fargo has consented to waive and does hereby
waive this termination provision through August 16, 2011, but only through such date.

IIIlIIII�IIIIIIIII,�IIIIIIIIII(II a 4 his a t' � P
Vender o,nky, Register of deeds pane 7 of 14
Case 11-01398-8-RDD Doc 200 Filed 07/29111 Entered 07/29/11 14 50 45 Page 3 of 4
5 That a hearing on the continued use of cash collateral shall be held upon the
conclusion of the Trustee's status report and upon the conclusion of the hearing on Wells Fargo's
Motion for Relief from Stay on August 16, 2011
6 All other matters scheduled for hearing are on July 28, 2011 are hereby continued
to Aug 16, 2011, to be heard after the foregoing matters
7, That Wells Fargo, the Debtors and the Guarantors have agreed to execute and
therefore shall execute appropriate stipulations to extend Wells Fargo's time to respond or
otherwise plead to August 16, 2011 in pending litigation between the parties in this Court and in
the United States District Court for the Eastern District of North Carolina-
8 That Wells Fargo and the Debtor have agreed to defer discovery responses due in
the Chapter I I proceeding, with the Debtor's responses now due August 31, 2011 and Wells
Fargo's responses due September 6, 2011;
9 That the Disclosure Statement fled by the Debtor in this case is hereby
withdrawn
CONSENTED TO,
/st A. Lee HoRewood III
A. Lee Hogewood III
North Carolina State Bar No. 17451
K&L Gates LLP
Post Office Box 17047 (27619-7047)
4350 Lassiter at North Hills Avenue, Suite 300
Raleigh, North Carolina 27609
Telephone [phone]
Facsimile• (919) 51&2006

�������� �, f4124 P031! 008-31-2012
PROP
we
Case 11-01398-8-RDD Doc 20O Filed 07/29/11 Entered 07/29/11 14 5045 Page 4 of 4
/s/ Trawick W Stubbs
Trawick W. Stubbs
Laurie B Biggs
North Carolina State Bar No 31845
Stubbs & Perdue, P A.
9208 Falls of Neuse Road, Suite I I 1
Raleigh, NC 27615-2438
Telephone: [phone]
Facsimile [phone]
/s/ Christopher Scott Kirk
Christopher Scott Kirk
Office of the Bankruptcy Administrator
P O Box 3758
Wilson, NC 27993-3758
"END OF DOCUMENT"

II IIIIIII III III I III II I IIIIiI�Ii III III B4124 PE20 08 02a 50 � P
Pander County, RC Reg star of Deems page 9 of 14
Case 11-01398-8-RDD Doc 336 Filed 02/01/12 Entered 02/01/12 13 06 03
SO ORDERED
SIGNED this 01 day of February, 2012 ^
andy D Doub
United States Bankruptcy Judge
EXHIBIT
UN] I ED SI ATCS l3 \NKRUp rCy COUR I C
EASTERN DIS rRICI OF NORTH CAROLINA 3 ��
WILLING ION DIVISION
IN RE SURI C I IY INVFS I MI- N I b I.LC Cuse No 11-0139E-8-RDD
Debtor Chapter I I
ORDER ON TRUS rEE'S MOTION I O CONVERT
CHAPTER I t CASF TO ONE UNDER C11 �PTCR 7
"I I IIS C \LjSC i.oaung bLfore ih� un&rsigncd Judge presiding upon the TRUSTEr S
MOTION TO CO\\'FRT C11 \pl ER I I C \SE TO ONC U\DER CH 1PTER 7 and Ior
eood cause shotx n the 1 rustce his su Ior sufli�tent grounds for conversion under I i USC
11 13(b) gpectriL,illV that the Chopiel I I Debtor is unablL to lily or con(inn a plan under the 'me
pro% idcd in this I idc
NOW I IIERM ORE, I I IS ORDCRI D. ADJUDGED AND DECRLFD AS
I OLLO\\ S
I -his case is converted to a case under Chapter 7 and that the Chapter I I trustee John C
Birt,her is hercb) reappointed as the Chaptt.r 7 trust,L and that the standing bond currently to
place shall be transferred to the Chapter 7 case
FND OI' DOCUNIEi J I

II I III'1I 11I II d I I I II I I�I'II I II II ,II 84124 eP0321 P B 0Ya Go
a Mop
Ponder County, NC Register of Deeds page 10 of 14
Case 11-01398-8-RDO Doc 352 Filed 03/30112 Entered 03/30/12 14 37 03 Pagft.J;of 4
-s V.Aa l_
SO ORDERED
SIGNED this 30 day of March, 2012 :" a
andy D Doub
United Stales Bankruptcy Judge
UNI rED SrATL-S BANKRLPI CY COURT
FOR I I W CAS I1 RN DIS I111C f OI NORM CAROI INN
\1111\11\C, ION DIVISION
IN RI I CASE NO
SURI- CI fY IN\ IS'I MEN I-S LLC I 11-0139E-S-RDD
DCB I OR(S) I Cl 11PTER 7
AUCl10VBTR
I his mawx comes on to be heard upon ih� Motion for Sale of Propum Free and Clear of
I lens filed b� JOI IN C BIRCHER Ill Chapter 7 Trustee in the above referenced case ( 1-rustee')
After notice and an opponumn for hearing has been :given to the proper partic4 and after
consideration of the evidence presented them being no objection thereto (he court males tht.
follow mg findings of tact and conclusions of law
I I his matter is a core proceeding pursuant to 28 U S C § 157 and the Court has
jurisdiction pursuant to 28 U S C k§ 151 )i7 mid 1334 1-he Court has the authority to hear this
matter pursuant to the Gencral Order or Reference enter4d August 3 1984 b� the l'mied Stoics
Uistri�i C curl for tht Eastern District u1 North C arohna
2 On 1 cbruary 24 2011 Surl Cnv Investntcnfs LLC ( Debtor ) filial a voluntan
bankrupt(.\ petition under Chapter I I of the Untti.d Stoics Bankruptcy Code and on Jul\ 29 2011
JOHN C hIRCI IF.R Ill, wos appointed as Trustee to fulfill the duties as stated in I I U S C § 1 106
3 On June 20 2011, Debtor tiled a complaint against wells I argo Bank NA in
captioned Surf Cut /nve,lurrnrs l.LC t II ell. Farm Bunk \ I successor b� merger to
Wachovia Rant. NA Case no I1-00201-3-RDD(the AdversaryProc�cdtng )

II11111�IIIIIIIIII1111111111111111 B4124 P03YY Va t �P
Ponder Cov,ty, NC Register of Deeds page 11 of 14
Case 11-01398-8-RDD Doc 352 Filed 03/30/12 Entered 03/3011214.37.03 Page 2 of 4
4 On or about December 20, 2011, the Court entered "Order Granting and Approving
the Compromise and Settlement as Amended and as Described in the Trustee's Motion to
Compromise and Settle Pending Motions and Pending Adversary Proceeding" (hereinafter
"Consent Order'l in the above -captioned proceeding and in the Adversary Proceeding as docket
entries 320 and 24, respectively, resolving numerous pending motions and actions, including the
Adversary Proceeding, as well as the sales procedure to be followed on the estate property
5 The Consent Order provides that the Trustee shall file such motion or motions
pursuant to 11 U S.C. § 363 as necessary or proper for the approval of the sale or sales of the
Estate's real property and other assets, with such sales to be "as ns, where is," Gee and clear of the
first pnonty liens of Wells Fargo and all liens, claims and interests junior or subordinate to the
Wells' Liens, with the Wells' Liens and all subordinate hens to attach to the proceeds of such sales
to the same extent as such liens and interests attach to the collateral that is the subject of the sale or
sales The Consent Order also provides that the Trustee may engage professionals on terms and
conditions acceptable to the Trustee and Wells Fargo and approved by the Court for the purpose of
disposing of the Estate's real property and other assets
6. Upon motion of the Trustee the ease converted to Chapter 7 on February I, 2012
Order Allowing Sale of Real Property Free and Clear of Lteas
7 The Trustee is allowed to sell the estate's interest in the property described herein
Gee and clear of all hens, interests, fires, civil penalties, and other claims, including those set fbrth
herein, pursuant to 11 U S C § 363(b)(1) and (f), with all liens, interests, and claims against the
property to be transferred and to attach to the net sales proceeds with the same nature, validity,
priority and extent as each had before such sale The sale proceeds shall be subject to the
reasonable, necessary costs and expenses of preserving and disposing of the Property to the extent
of any benefit to the holder(s) of a claim secured by the Property, as set forth in the Consent Order.
8 The property to be sold is described in Exhibit "A" attached to Trustee's Motion for
Sale of Property Free and Clear of Liens
9. The following creditor(s) have a linen or hold an interest in the property as follows
Name of Lleoholder
Nature of Lien
Reference
Town of Surf City Tax
Real Property Taxes on all
PID N 4235-80-6238-0000
PO Box 2745
parcels will be paid current by
PID N 4235-80-7272-0000
Holly Ridge. NC 28445
the Trustee and then prorated
PID N 4235-80-7272-0NN
at closing for the year 2012
(representing 93 boat slips)
between buyer and seller
PID N 4235-80-8300-0000
PID N 4235-80-4097-0000
PID N 4234-99-2490-0000
Ponder County Tax
Real Property Taxes on all
PID N 423540-6238-0000
Collections
parcels will be paid current by
I
PID N 4235-80-7272-0000
PO Box 1047
the Trustee and then toil
I PID N 42354W-7272.AUN
—2—

0841-2012
����r 84124m13 » alto PROP
Case 11-01398-8-RDD Doc 352 Filed 03/30112 Entered 03/30/12 14.37.03 Page 3 of 4
Burgaw,
e% A Lee Hogewooa
PO Box 17047
Raleigh, NC 27619-7047
Beach House Yacht cmo
Owners Association, Inc
c% Oliver Caner III, Caner &
Carter
408 Market Street
Wilmington, NC 28403
at closing for me year cu
between buyer and seller
Yacht Club, a Condominium
Memorandum of Lease
Consent Order
2007,executed by Beach
House Manna, L L C and
Surf City Investments, Inc.,
and recorded in the Pendet
County Register of Deeds
office in Book 3263. Page 180
The Declaration is recorded in
Map Book 3279, Page 122 of
the Register of Deeds of
Pander County, North
Carolina.
The Memorandum of Lease is
recorded in Map Book 3954,
Page 292 of the Register of
Deeds of Pander County.
North Carolina.
Consent Order, explains that a
thud -party purchaser of a boat
slip shall be obligated to Pay
the dues owed to Beach House
Yacht Club Owners
Association, Inc for the
period after the purchase date
to the Tnutee at closing and
the Trustee shall remit
promptly such funds received
10 The Trustee is authorized to sell the Property free and clear of liens, interests, and
claims pursuant to i I U S C § 363(f) and pursuant to the terns of the Consent Order The
Property will be sold for what the Trustee, in the exercise of its reasonable business judgment,
believes will approximate fair market value and liens on the Property will transfer to the net sales
proceeds, the lien holders can be compelled to accept money in the satisfaction of their secured
claims pursuant to 1 I U S C § 363(Q(5) Furthermore, there being no objection to a lien, claim, or
encumbrance within the prescribed time period, all creditors consent to this sale as set forth herein
Wells Fargo may credit bid at this Salo
II. The Trustee intends to sell this property with the purported liens of the abovo named
lien creditor(s) transferring to the proceeds of the sale in their respective priorities Pursuant to the
terms of the Consent order and provisions of 11 U S.0 §506(c) where applicable.
—3—

IIIIIIIIIIIIIIIIII�III�IIIIIIIIIIII 84124 P�325Pr va eON
Pander County, egister of Desft page 14 of 14
EXHIBIT E
Legal Descnption
Those certain tracts or parcels of land lying and being situate in the Town of Surf City, Rocky
Point Township, Pender County, North Carohna, shown and designated as TRACT 2 and
TRACT 3 on that certain map or plat entitled "Subdivision of Beach House Manna, LLC",
prepared by Michael Underwood and Associates, PA, and recorded in Map Book 45, Page 001,
on Slide 604, in the Office of the Register of Deeds of Pender County, North Carolina, the
descriptions of said TRACTS as designated on the identified map being incorporated herein by
reference
TOGETHER WITH all riparian rights and appurtenant easements
TOGETHER WITH all buildings and improvements now or hereafter erected on the Property,
all fixtures attached to the Property or any buildings or improvements situated thereon, all
estates, rights, tenements, hereditaments, privileges, rents, issues, profits easements, and
appurtenances of any kind benefiting the Property, all means of access to and from the Property,
whether public or private, and all water and mineral rights
LESS AND EXCEPT all dry boat slips located in Building A and Building B and Common
Elements of Beach House Yacht Club, a Condominium, as shown on the plats and plans of
Beach House Yacht Club, recorded in Map Book 45, Page 58, Slide 609, in the Office of the
Register of Deeds of Pender County, North Carolina
TOGETHER WITH, to the extent that Grantor has the power to transfer same, all rights and
easements reserved by, granted to and provided for the Declarant (as defined in the
Condominium Declaration) with respect to the Property under and pursuant to the Declaration of
Beach House Yacht Club, a Condominium, recorded in Book 3279, Page 122 in the Office of the
Register of Deeds of Pender County, North Carolina, as amended by that certain First
Amendment to Declaration of Beach House Yacht Club, a Condominium, recorded in Book
4040, Page 1, in the Office of the Register of Deeds of Pender County, North Carolina and
recorded in Book 4118, Page 234, in the Office of the Register of Deeds of Pender County,
North Carolina (as may be further amended, modified, or supplemented from time to time, the
"Condominium Declaration'j, all Development Rights (as defined in the Condominium
Declaration), and all "special declarant rights," as that term is defined in NCGS 47C-1-103 (23)
with respect to the Property, all of which rights, easements, and special declarant rights are being
transferred by sale under the Bankruptcy Code as contemplated by NCGS 47C-3-104

618I30j)--
�L�
�������I�������� I����������r 84124 Deeds M � s 52 PROP
001
Psepmed by and Return to
CamdenC Betz Esq
K&L Gala LLP
PO Box 17047
Raleigh NC 27619-7047
NORTH CAROLINA
PENDER COUNTY
TRANSFER OF DECLARANT RIGHTS
FOR BEACH HOUSE YACHT CLUB, A CONDOMINIUM, AND NOTICE OF INTENT
TO HOLD SOLELY FOR TRANSFER PURSUANT TO N.C.G S. 47C-3-104(c)(4)
THIS TRANSFER OF DECLARANT RIGHTS FOR BEACH HOUSE YACHT CLUB,
A CONDOMINIUM, AND NOTICE OF INTENT TO HOLD SOLELY FOR TRANSFER
PURSUANT TO N C G S 47C-3-104(e)(4) ("Transfer'] is made as of the 31' day of August,
2012, by JOHN C. BIRCHER, III, Bankruptcy Trustee, 1319 Commerce Dr, New Bern, North
Carolina ("Assignor") to REDUS NC COASTAL, LLC, a Delaware limited liability company
("Assignee'O
WITNESSETH
WHEREAS, Assignor is the bankruptcy trustee ("Trustee") for the declarant (the
"Declarant") under that certain Declaration of Beach House Yacht Club, a Condominium,
recorded on July 24, 2007, in Book 3279, Page 122, Pender County Registry (the "Registry"), as
amended by that certain First Amendment to Declaration of Beach House Yacht Club, a
Condomnnum, recorded on March 6, 2012 in Book 4040, Page 1 of the Registry and recorded on
August 17, 2012 in Book 4118, Page 234 of the Registry (as amended from time to time, the
"Declaration"), and
WHEREAS, Declarant has certain rights established and reserved to it under the
1
RA-=841 V2

I
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�i P12ja � atso el
Pender County, NC Register of Deeds page 2 of 6PROP
Declaration, including, without limitation, certain Special Declarant Rights (as defined in the
Declaration and in the North Carolina Condominium Act, Chapter 47C of the North Carolina
General Statutes [the "Act'"]), certain Development Rights (as defined in the Declaration), and
other easements and other development tights (collectively, the "Declarant Rights'), and
WHEREAS, by Trustee's Deed recorded contemporaneously herewith in Book!
Page _2L12 of the Registry (the "Trustee's Deed"), Assignee has acquired title to all of that
portion of the Property described on Exhibit A attached hereto and incorporated herein by this
reference (the "Property"), pursuant to the Order Allowing Sale of Real Property Free and Clear
of Liens entered by the United States Bankruptcy Court for the Eastern District of North
Carolina, Wilmington Division on March 30, 2012,
WHEREAS, pursuant to Section 3-104 of the Act and Section 28 7 of the Declaration,
Assignor, as Trustee for Declarant, has transferred the Declarant Rights to Assignee by recording
of the Trustee's Deed in the Registry, and
WHEREAS, Assignee desires to have Assignor confirm such transfer of the Declarant
Rights as set forth herein
NOW THEREFORE, in consideration of the sum of $1000 and other valuable
consideration to it, paid by Assignee, the receipt and sufficiency of which is hereby
acknowledged, Assignor by these presents does hereby transfer the Declarant Rights to Assignee
Effective as of the recording date of the Trustee's Deed and this Transfer, Assignee shall
be deemed the holder of the Declarant Rights for all purposes under the Declaration, provided,
however, Assignee's liability shall be limited by Section 3-104 of the Act Pursuant to Section
3-104(e)(4) of the Act, Assignee intends to hold the Declarant Rights solely for transfer to
another person or entity, therefore, Assignee's liability shall be limited by Section 3-104(e)(4) of
the Act This Transfer is notice of such intent pursuant to Section 3-104(e)(4) of the Act In
accordance with Section 47C-3-104(e)(4) of the Act, Assignee may subsequently record an
instrument permitting exercise of the Declarant Rights by Assignee, and Assignee does hereby
expressly reserve the right to do so
The covenants, terms and conditions herein contained shall bind, and the benefits and
powers shall inure to the respective heirs, executors, administrators, successors and assigns of the
parties hereto Only a writing executed by the parties hereto may modify this Transfer The
Trustee's Deed and this Transfer constitute the entire understanding of Assignor and Assignee
N

Illllllllllllllllllnlll�llllll II I a41z4�P0328 vatte PROPPender County, NC Register of Deeds page 3 of a
with respect to the matters set forth herein, and no other documents and/or communications (oral
or written) shall serve to modify or alter the same This Transfer shall be govemed by and
construed in accordance with North Carolina law
Each party executing this Transfer (i) is duly organized, validly existing, and in good
standing under the laws of North Carolina, (a) has the full power and authority to enter into and
consummate all transactions contemplated by this Transfer, (m) has duly authorized the
execution, delivery and performance of this Transfer, (iv) and has duly executed and delivered
this Transfer
All capitalized terms used but not defined herein shall have the respective meanings
given to them in the Declaration
By executing this Transfer, Assignor acknowledges and agrees that all of the Declarant
Rights shall be vested in Assignee pursuant to the Trustee's Deed and this Transfer Effective
upon the recording of the Trustee's Deed and this Transfer in the Registry, Assignee is and shall
be the holder of all Declarant Rights under the Declaration and the Act
[Signature Pages Follow]
3

W41
gU1JjgjjJlljjjLljf�lll)jjqjjjf P124 Feds 03 P08 e 4 r 6 eOROP
IN WITNESS WHEREOF, Assignor and Assignee have executed this Transfer
ASSIGNOR.
III, as Trustee
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregomg document for the purpose
stated therem and in the capacity indicated John C. Bucher III
Date August _cLL 2012
Official Si ture of Notary Public
" i
Notary prufted or typed name
[OFF)�GRAL EAL] ' My commission wins3 IL
(�O
PUBLIC
a,
4

IIIIIII II II IIII I1II��ll4��ll5 of '
F2TteP Panderer s
IN WITNESS WHEREOF, Assignor and Assignee have executed this Transfer
ASSIGNEE
REDUS NC COASTAL, LLC, a Delaware limited liability company
By Redus ProZ
its anager
By L �:
Name $. i I rkv
Title V i s i:&.Sujevk---
STATE OF NORTH CAROLINA
COUNTY OF Lhj, _
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated Win, S C. Cj: 11I nrr,(
Date. August n1j!,' 2012
ttpl
L Ri�e�
[OFFICIAL SEAL] PQss'ot)
rotary � r'
PUb11G
f � `;i
fficial Signature of Notary Public
���5
N printed or typed name
My commission expires k 5- �o

Ulllllll��l111III 111111111111111�1r gar. P0331 6 to PROP
EXHIBIT A
The Property
Those certain tracts or parcels of land lying and being situate in the Town of Surf City, Rocky
Point Township, Pender County, North Carolina, shown and designated as TRACT 2 and
TRACT 3 on that certain map or plat entitled "Subdivision of Beach House Manna, LLC",
prepared by Michael Underwood and Associates, PA, and recorded in Map Book 45, Page 001,
on Slide 604, in the Office of the Register of Deeds of Pender County, North Carolina, the
descriptions of said TRACTS as designated on the identified map being incorporated herein by
reference
TOGETHER WITH all riparian rights and appurtenant easements
TOGETHER WITH all buildings and improvements now or hereafter erected on the Property,
all fixtures attached to the Property or any buildings or improvements situated thereon, all
estates, rights, tenements, hereditaments, privileges, rents, issues, profits easements, and
appurtenances of any kind benefiting the Property, all means of access to and from the Property,
whether public or private, and all water and mineral rights
LESS AND EXCEPT all dry boat slips located in Building A and Building B and Common
Elements of Beach House Yacht Club, a Condominium, as shown on the plats and plans of
Beach House Yacht Club, recorded in Map Book 45. Page 58, Slide 609, in the Office of the
Register of Deeds of Pender County, North Carolina.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E Davis, PE, CPM
Director
December 12, 2013
Mr Frank D Voli, President
Beach House Yacht Club Owners Association, Inc
111 North New River Drive
Surf City, NC 28445
Subject Request for Additional Information
Stormwater Project No SW8131011
Beach House Yacht Club — Clubhouse & Pool
Pender County
Dear Mr Voli
Pat McCrory, Governor
John E Skvarla, III, Secretary
The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for
Beach House Yacht Club — Clubhouse & Pool on October 24, 2013 A preliminary In-depth review of that information
has determined that the application Is not complete The following Information is needed to continue the stormwater
review
Existing Trench and Impervious Area
a Required Volume Please review the required volume calculation per page 3-3 of the BMP Manual
The required capacity calculation submitted is based on Impervious area, but does not take the
drainage area/watershed area Into account By my calculations, the required volume associated with
the proposed 65,788sf of Impervious area (which Includes 3,400sf of future area) Is 8,801 cf The 2001
calculations for the Infiltration trench's capacity show that it can hold 7,810cf and so it appears that the
existing trench cannot hold the water associated with the proposed Impervious area Including the
proposed future 3,400sf However, I believe that you could reduce the proposed future Impervious area
to 1,000sf, and the required volume would be reduced to approximately 7,811cf which could fit into the
7,810cf trench
b Trench Capacity In addition to the required volume, please submit stamped calculations showing the
trench's available capacity/ provided volume In 2001 the design engineer showed it to be 7,810cf
Impervious Allocation In May 2013, we discussed allocating 68,204sf of Impervious area to be
permitted under the 1995 rule to the tract which will be covered by this permit You have proposed
65,788sf which Is 2,416sf less Impervious area than 68,204sf Is It your Intention to have the full 68,204
Impervious area allocation available at the 1995 rule written into your permit such that you will have
2,416sf of future Impervious area outside of the drainage area of the Infiltration trench to use at a later
date? (This would be In addition to the 1,000sf of future impervious area inside the trench's drainage
area if you reduce the proposed from 3,400sf to 1,000sf as discussed above The Impervious area
Inside the drainage area of the trench will be limited to what the trench can hold, and you are already
maxing out It capacity so you cannot build more impervious area inside Its drainage area without
Increasing the size of the trench ) Or, since the area outside the drainage area of the trench Is fairly
small do you not anticipate using the extra 2,416sf of impervious area such that It could be re -allocated
to one of the other two tracts being split off of SW8 990325? (Note If you reduce your proposed future
impervious area from 3,400s1 to 1,000sf as proposed above you will reduce your overall proposed
impervious area to 63,388sf This would increase the gap between the proposed impervious area and
the 68,204sf of impervious area that could be allocated to this development overall from 2,416sf
(=68,204-65,788soto4,816sf(=68,204-63,388st) This would create 4,816sf of impervious area that
could either be used outside of your trench's DA at a later date or it could be allocated to one of the
other two tracts being split out of SW8 990325 )
Deed Please provide a copy of the deed showing that Beach House Yacht Club Owners Association, Inc owns
the land
J
Wilmington Regional Off e
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone [phone] Fax [phone]

Beach House Manna
December 12, 2013
3 Supplement Form Please submit the infiltration trench supplement form which is available on our website
Though the existing trench will not change, the data on the trench reflecting the impervious area, volumes, etc
will change and so the for is needed
4 Plans
a General In previous discussions, the design engineer who designed the trench permitted in 2008 had
said that the trench permitted in 2001 (which is the trench that you are re -permitting now) was used as
a conveyance for the 2008 trench But, it does not appear from your plans that that is the case Can
you verify that the proposed trench is not (and will not be) connected to the 2008 trench? Perhaps the
2008 trench is not yet built?
b Infiltration Trench Data Please show the infiltration trench data that is on the 2001 plans for the trench
on the current plans (the catch basin inverts, the cross section, etc) since that trench is being re -
permitted
c Drainage Area Please show the drainage area to the infiltration trench on the plans and provide spot
elevations or contours to support the drainage area
d FFEs Please show FFEs on the plans
5 CAMA If you will trigger CAMA requirements, please be sure that you contact DCM
Please remember that a change to one number may have a domino effect on other numbers Please check all plans,
calculations and fors to ensure that the numbers are consistent throughout
Please note that this request for additional information is in response to a preliminary review The requested
information should be received in this Office prior to January 13, 2013, or the application will be returned as
incomplete The return of a project will necessitate resubmission of all required items, including the application fee
If you need additional time to submit the information, please mad, email or fax your request for a time extension to the
Division at the address and fax number at the bottom of this letter The request must indicate the date by which you
expect to submit the required information The Division is allowed 90 days from the receipt of a completed application
to issue the permit
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-2151 and is subject to enforcement action pursuant to NCGS 143-
215 6A
Please reference the State assigned project number on all correspondence Any original documents that need to be
revised have been sent to the engineer or agent All anginal documents must be returned or new originals must be
provided Copies are not acceptable If you have any questions concerning this matter please feel free to call me at
[phone] or email me at kelly p johnson@ncdenr gov
nc rely,
elly nson
ironmental Engineer
GDS/kpj G 1WQISharedlStorwaterlPerits & Projects120131131011 HD1201312 addinfo 131011
cc Gilbert W Reece, PE
Wilmington Regional Office Storwater File
Page 2 of 2

ti
Johnson, Kelly
From Baird, Stanford [Stanford Baird@klgates com]
Sent Wednesday, December 11, 2013 3 08 PM
To Amy P Wang - 5516, Johnson, Kelly, Scott, Georgette
Cc Joyce, Jim L , Betz, Camden
Subject RE Beach House Manna/SW8 990325 (fender County)
Attachments RA-#3078621-vl-Surf_City_=Trustee_s_Deed pdf, RA-#3078620-vl-
Surf_City__Transfer_of_Declarant_Rights pdf
Kelly and Georgette
Thank you very much for your assistance with this matter, and we look forward to working with you Jim Joyce
and I represent Redus NC Coastal, LLC, which is an affiliate of Wells Fargo and owns Tract 2, certain condo
units of Tract 3, and certain other declarant rights related to Tract 3 Attached are the Trustee's Deed and the
Transfer of Declarant Rights by which the bank acquired its interests
We are still in discussions with BHYC condo association regarding the proper allocation of impervious area for
future development as between the bank and BHYC after the currently existing area for Tract 1 is subtracted
(27,870 sf) We will plan to continue those discussions prior to our call next week Otherwise, yes, we would
like to discuss logistics and procedures for issuance of a permit to the bank for the allocated impervious area as
may be agreed upon by the bank and BHYC condo association
We are available next Wednesday, December 18, 2013 at 1pm for the call I would be happy to circulate a
conference call -in number for that
Thank you
Stanford D. Baird
K&L Gates LLP
4350 Lassiter at North Hills Avenue
Suite 300 (27609)
Post Office Box 17047
Raleigh, North Carolina 27619-7047
Phone [phone]
stanford baird(@klgates com
www klgates com
From: Amy P Wang - 5516 [mailto APW@wardandsmith com]
Sent: Wednesday, December 11, 2013 2 32 PM
To: 'Johnson, Kelly', Scott, Georgette
Cc: Baird, Stanford, Joyce, Jim L
Subject: RE Beach House Manna/SW8 990325 (Pender County)
Kelly,

v
Generally speaking, yes that is correct The numbers you list below reflect the total impervious allocated as a result of
the May meeting Tract 1 already has that amount of BUA in existence, Tract 2 only has 15,000 existing and Tract 3 has
56,400 Based on these allocations, BHYC (the condo association) prepared an application for a new stormwater permit
to cover development plans for a clubhouse and pool to be constructed on Tract 3 —which would take up most of the
difference between 68,204 and 56,400 (-11,804) After we provided certification documentation sufficient for
DWQ/DEMLR to determine the existing infiltration system was installed and is operating as permitted back in 2001, and
after consulting with Linda, we submitted that application
Yes, I am available next Wednesday at 1PM — Stanford and Jim, will that work for both of you?
Amy
From: Johnson, Kelly [mailto kellyp johnson(cbncdenr gov]
Sent Wednesday, December 11, 2013 2 06 PM
To, Amy P Wang - 5516, Scott, Georgette
Cc: stanford baird(dklgates com, jim iovice(Uloates com
Subject. RE Beach House Marina/SW8 990325 (Pender County)
Amy,
Georgette and I are available Wednesday afternoon, 12/18 at 1pm Does that work for you? I assume that your
questions are related to how the bank will become the permittee, how to separate the restaurant's portion, and the
paperwork involved? I talked quickly with Georgette & Linda, and they said that the plan was to keep the same
impervious allocation as you and I had discussed in May to divvy out the previously -permitted impervious under the
1995 rule (below) Then, any impervious over these values would be subject to the 2008 rule Is that correct?
Restaurant (Tract 1) 27,870 sf
Bank (Tract 2) 91,438 sf
Condo (Tract 3) 68,204 sf
Total 187,512 sf
KJ
From: Amy P Wang - 5516 [mailto APW(@wardandsmith com]
Sent: Wednesday, December 11, 2013 10 S8 AM
To: Scott, Georgette
Cc. Johnson, Kelly, Lewis,Lmda, stanford baird(alklaates com, nm joyceC&klgates com
Subject: RE Beach House Manna/SW8 990325 (Pender County)
Georgette, thanks for the response Kelly, welcome back
We will be able to provide DEMLR evidence of ownership and control for Tracts 2 (REDUS NC Coastal) and 3 (Beach
House Yacht Club Owners Association, Inc ) without problem However, the ownership of Tract 1 is uncertain and likely
tied up in bankruptcy similar to the fate of the permittee As we discussed back in October, Tract 1 would not be
allocated any remaining BUA given its current state of imperviousness
A brief phone conference with counsel for REDUS would be helpful to get Kelly up to speed, confirm where things stand
for DEMLR to approve the pending Stormwater Permit application, and address the treatment of Tract 2 pending
subsequent development plans Let me know if there are times you and Kelly can be available either this Friday or next
week, and I can coordinate with counsel
Thanks,

Amy
From Scott, Georgette fmailto georgette scott(cbncdenr oov]
Sent: Wednesday, December 11, 2013 10 04 AM
To: Amy P Wang - 5516
Cc: Johnson, Kelly, Lewis,Linda
Subject: RE Beach House Marina/SW8 990325 (Pender County)
Amy,
You really don't need the original permittee signature anymore if you can provide me legal documentation that
the new potential permittees own the other tracts We can discuss on the phone if you want
By the way, Linda is trying to get everything wrapped up before the holidays so Kelly is taking this project
back Linda and I can fill her in on what has happened thus far if need be
Georgette
From: Amy P Wang - 5516 rmatlto APW(alwardandsmith com]
Sent: Monday, December 09, 2013 1146 AM
To: Scott, Georgette, Lewis,Linda
Cc: stanford baird(Ulgates com, iim iovice(alklgates com
Subject. Beach House Marina/SW8 990325 (Pender County)
Good morning, Georgette and Linda We have been working with counsel for REDUS NC Coastal, LLC (Wells Fargo) —
Stanford and Jim, who are cc'd above - on the allocation of BUA between the owners of Tracts 2 and 3 to facilitate the
development plans submitted by Beach House Yacht Club Owners Association, Inc, to DEMLR We would like to
schedule a conference with you to discuss the transfer or bifurcation of the existing Stormwater Permit without the
participation of the permittee, Beach House Marina, LLC, under Session Law 2013-121 Is there a time over the next
week that you both can be available?
Best regards,
Amy
Amy P. Wang
Attorney I LEED Green Associate
Ward and Smith, P A
1001 College Court (28562) l Post Office Box 867
New Bem, NC 28563-0867
P 252 672 5516 1 F 252 672 5477 1 C 252 675 7269
V-card I www wardandsmith com
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Casmer, Ja
From Casmer, Jo
Sent Tuesday, October 29, 2013 3 45 PM
To. 'hunter@beachhouseyachtclub com', 'gwreece@charter net'
Subject. Beach House Yacht Club Clubhouse and Pool, Stormwater Permit SW8 131011
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
received the Stormwater Permit Application and $505 00 fee on October 24, 2013 Your project will be assigned to
a staff member and reviewed within 75 days of receipt You will be notified if additional information is needed
Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is
issued
Jo Casmer
Administrative Assistant for the Stormwater Section
NC Department of Environment & Natural Resources
Division of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone [phone]
Fax [phone]
Email ronespondence to and from this address may be subject to the North Carolina Public Records Law and may be disdosed to thud
parties

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Project Name
Project Location
Review Checklist ?,,P—
m -e, un,....cb ` Received Date
Accepted Date
\
Rule(s) a2008 Coastal
Er1995 Coastal MPhase II (WiRO )
1:1Umversal El1988 Coastal
Type of Permit New or Mod or PR
Existing Permit p (Mod or PR)
DPE
Cert on File?
Density HD or LD
%(%OK?)
Type C mer ial or Residential
1-1NCG
E]Offsite to SW8
Stream Class _ 00uvSA Map
I
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or S I -ot
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dPapeork �0g�yQappaEm ded Engineer on
plements) (1 ongmal per BM \ BM T e s
c5 yyP ()r6&M with correct/original signatures (1 anginal per BMP except LSNFS and swales)
Application with correct/original signatures PA" Deed
Corp or LLC Sig Auth per SoS or letter c h¢1 ILEmail Address Design Engineer
�$505 (within 6mo) �Emad Address Owner
❑Sods Report with SHWT I��1 l C Note to Reviewer:
Calculations (signed sealed) G `�1 10 HsS �i1�lt L �PCC7 O O�
No obvious errors \J�
G � wSRgO3DS C�hlf+\ct�
�Densityincludescommonareas, tc \"' )tJ�i6C �� -jS ✓ DD\Flfcp vF4Qy
Deed Restrictions, if subdividedro
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Plans 9(�„,�
�2 Sets Details (roads, cul-de- lks, BM waPs, Buildings, etc) �l'C'j��
Grading Wetlands Delineated or No Wetlands Pam t k- L'r's
Vicinity Map Layout (proposed BUA dimensions) �80 `te1op
�"5-�potevran��
Legend �DA Maps Project Boundaries Cyr fcgjcs)
Infiltration Wet Pond Offsite
Soils Report Sods Report F-1PE Cert for Master Lot #
SHWT SHWT ED Deed Rest for Master 1-3 Lot N Matches Master
Bottom PP BUA Permitted (Master) sf
Visited BUA Proposed (Offsite) sf
Additional Information
Permitted Proposed. Proposed Proposed
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)

w
w/oci'ttw\ 0,PP1tCCL3-tt*N
127 Racine Drive
University Corporate Center (28403)
Post Office Box 7068
Wilmington NC 28406 7068
October 10, 2013
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE Stormwater Management Permit Application
for Beach House Yacht Club Owners Association, Inc
Our File 111193-00001
Dear Ladies and Gentlemen
P 9107944803
F 9107944877
We act as counsel to Beach House Yacht Club Owners Association, Inc ("Association') in connection
with the Stormwater Management Permit Application ("Application') for the construction of a
clubhouse and pool facility on property managed, administered and operated by the Association For
purposes of the opinions contained in this letter, we have examined and reviewed the following
documents (collectively the "Community Documents")
Articles of Incorporation of Beach House Yacht Club Owners Association, Inc
Bylaws of Beach House Yacht Club Owners Association, Inc
Declaration of Beach House Yacht Club, A condominium
Various Association documents and resolutions of the Board of Directors of the
Association
We have reviewed North Carolina General Statute Chapter 47C (the "North Carolina Condominium
Act'), North Carolina General Statute Chapter 55A (the North Carolina Nonprofit Corporation Act) and
considered such matters law and fact as we, in our professional judgment, have deemed appropriate to
render the opinions contained herein With respect to certain facts, we have considered it appropriate to
rely upon certificates of public officials
ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON
www wardandsmith com

WARDAND SMITH,PA.
North Carolina Department Of Environment And Natural Resources
October 10, 2013
Page 2
In addition we have relied, without investigation, on the following assumptions
1 Each document submitted for review is accurate and complete and each such
document submitted as a copy conforms to an authentic original
2 All signatures on such documents are genuine
3 Each certificate issued by a public authority is accurate, complete and authentic,
and all official public record (including their proper indexing and filing) are accurate and complete
4 All natural persons acting on behalf of the Association has sufficient legal
capacity to take all such actions as me be required of them as representatives of the Association
Based upon and subject to the foregoing and the further assumptions, limitations and qualifications
expressed herein, it is our opinion that
1 The Association is a North Carolina nonprofit corporation in existence under the
laws of the State of North Carolina
2 The Association has the power to execute, deliver and perform the obligations set
forth in the Application and under any permit issued as a result of the Application
The Association has authorized the execution of the Application by its duly
elected President
The opinions expressed above are subject to the following assumptions, qualifications and limitations
A In rendering our opinion that the Association is a "nonprofit corporation" and "is
in existence" we have relied solely upon the Certificate of Existence regarding the Association from the
North Carolina Secretary of State dated the 30th day of September, 2013
B We do not express any opinion as to matters of title to the real property
maintained, administered and managed by the Association upon which project described in the
Application is to be located
Our opinions are limited to matters expressly stated herein, and no opinion is implied or may be inferred
beyond the matters expressly stated This opinion letter is delivered solely for your benefit in
connection with the Application and may not be used or relied upon by any other person, firm or entity
or for any other purpose
:Ya
ery truly,�'�
ND 4832-3673-4230, v 1

Beachhouse Yacht Club - Clubhouse and Pool 09/25/2013
Reece Engineering & Design
Calculations mcdx
Stormwater Calculations
I ,
Existing storm water facilities,
Existing Stormwater Infiltration Assembly as permitted and certified (SW8990325)
Existing required capacity
a -Iutp g =55212 ft2 M = 95
I I
y
1 5 zn•Tsz=6556 ft3r�,Req capacity_---_
12n
ft
' Existing provided capacity ;
T.—rq9 ft -7r•2 ftz lo,rn rlc—d ,
2 1
Ex2shnaCiap =(((8 ft•4 ft-L)—(D2D> •L))•3ZQ2�g�+MPa=,-L=7812 ft3
_ Fad=ExzstzngCav—B&q==1256 ft3_ _ Ezistmg excess capacity,
New required; capacity 1 _ I
Newer =7176 f t ru = 95;
— Newer y • 1 5 xn•rt =852 ft3 New Required capacity
i +12 snTt
'
To. BLq, =N WB4 Ro =7409 ft3 !Total Required capacity
Neu ,xl - _=ExzstzngCav—Testa =404 ft3 New excess capacity
Area of future impervious development that can be handled by existing trench
;
------------'—, -- i 12 m-- ------------
f
' Nau Fm�!�neg�• 'I t r�CI I
1 5 in =3401 ft2 F
OFFO iC�
OCT 24 2013 i
Page 1 of 1 BY �—

_ 5w'8 1310k1-CovelnalAb
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Fll ED BK3279PG122
07 JUL 24 AN 9 10
.,_fGL H SWICEGOOD
REGISTEP, OF DEEDS
PKIFR COORTYX
DECLARATION OF BEACH HOUSE YACHT CLUB, A CONDOMINIUM
'L
PREPARED BY JAY SHORT, JR.
FLETCHER, RAY & SATTTERFIELD, LLP
131 RACINE DR. STE 201
WILMINGTON, NC 28403
gecocded Svd PeBnofiell
1Oym N
Register Of Lce
Penda CO—ty, NC
5�
GE(COVE
OCT 2 4 2013
BY-----

BK3279PG 123
THIS DECLARATION OF BEACH HOUSE YACHT CLUB, a Condominium
(hereinafter referred to as the "Declaration"), made this the _ day of July, 2007, by Surf City
Investments, Inc (hereinafter referred to as "Declarant'), pursuant to the provisions of Chapter
47C of the General Statutes of the State of North Carolina to All Prospective Purchasers or
Owners of property described herein,
WITNESSETH
WHEREAS, Declarant is the owner in fee simple of certain real estate located in Ponder
County, North Carolina, said real estate being more particularly described on Exhibit A attached
hereto and incorporated herein by reference, and,
WHEREAS, there exists on the property described on Exhibit A two (2) buildings,
containing one hundred ninety two (192) condominium units, and appurtenant facilities, and
WHEREAS, it is the desire of the Declarant to submit the property described on Exhibit
A, together with the improvements thereon constructed, to the provisions of the Act to provide
for the condominium form of ownership, and
WHEREAS, Declarant hereby establishes by this Declaration a plan for the individual
ownership of condominium units and the co -ownership by individual and separate owners
thereof, as tenants in common, of all of the remaining property in the condominium (all portions
of the Condominium except the Units hereinafter being referred to as "Common Elements")
NOW, THEREFORE, Declarant does hereby declare that the property described on
Exhibit A attached hereto and incorporated herein by reference shall be held, conveyed,
encumbered, used, occupied, improved, sold, mortgaged, and otherwise conveyed subject to the
rules, regulations, restrictions, covenants, conditions, uses and obligations set forth in this
Declaration All such rules, regulations, restrictions, covenants, conditions, uses and obligations
arc declared and agreed to be in furtherance of a plan for the creation of the Condominium and
any improvements thereto, and such parties' grantees, successors, heirs, assigns, executors,
administrators and devisees Individual Unit Owners, their Guests, tenants and all persons using
or possessing any property within the Condominium are subject to the provisions of this
Declaration
ARTICLE I
ESTABLISHMENT OF CONDOMINIUM
On that property described in Exhibit A, attached hereto and incorporated herein by
reference, there exists two (2) detached buildings containing one hundred ninety two (192)
Condominium Units, and other appurtenant improvements Declarant does hereby submit the
real property, and the improvements lying within the land area described on Exhibit A to
condominium ownership under the provisions of the Act, and hereby declares the same to be a
condominium to be known and identified as "Beach House Yacht Club, a Condominium" The
maximum number of Condominium Units which the Declarant reserves the right to create is Five

BK3279PG 124
Hundred Twenty (520) Except for portions of the Development Property, no additional real
estate will be allocated subsequently as Limited Common Elements The Condominium is
located in Pender County, North Carolina
ARTICLE 2
SURVEY AND IMPROVEMENTS
The Property to be known and identified as `Beach House Yacht Club, a Condominium"
and as described in Exhibit A and is that same Property shown on the plat (the "Plat") as
prepared by Michael Underwood & Associates, P A, Registered Land Surveyors and has upon it
the improvements as shown on those as built drawings prepared by Victor F Rizzuto, PE
and recorded at Map Book 16:, Pages s?'/ 0 on Slide 6 09 in the office of the Register
of Deeds of Pender County reference to which is made throughout this Declaration for a more
particular description
ARTICLE 3
DEFINITIONS
As used in this Declaration, the Bylaws and the exhibits attached hereto, and all
amendments thereof, unless the context requires otherwise, the following definitions shall
prevail
Section 3 1 Act "Act" means Chapter 47C of the General Statutes of North Carolina
designated as the North Carolina Condominium Act
Section 3 2 Area of Common Responsibility "Area of Common Responsibility"
means the Common Elements, together with those areas, if any, which by the terms of this
Declaration, any supplemental declaration or other applicable covenants, or by contract become
the responsibility of the Association, including by way of illustration but not limitation, public
rights -of -way and perimeter walls
Section 3 3 Articles of Incorporation "Articles of Incorporation" means the Articles
of Incorporation for Beach House Yacht Club Owner's Association filed in the office of the
Secretary of State of North Carolina and recorded in the Register of Deeds
Section 3 4 Association "Assoctation" means the Unit Owners association organized
pursuant to the Act and incorporated under Chapter 55A of the General Statutes of North
Carolina, and shall be known as Beach House Yacht Club Owner's Association and its
successor
Section 3 5 Association Documents "Association Documents" means collectively the
Articles of Incorporation of the Association, the Bylaws of the Association, this Declaration, the
Rules and Regulations adopted by the Association, and resolutions of the Board of Directors, all

OK3279PG 125
as may be amended, restated and revised from time to time Any exhibit, schedule, or other
amendment to an Association Document shall be considered a part of that document
Section 3 6 Board of Directors or Board "Board of Directors" or "Board" means the
body responsible for administration of the Association as provided in the Bylaws
Section 3 7 Bylaws "Bylaws" means the Bylaws of the Association and as they may
be amended from time to time
Section 38 CAMA Permit "Permit" means the North Carolina Department of
Environmental and Natural Resources CAMA Permit No 27-00, and any additional North
Carolina CAMA Permits, applicable to the Property, docks, finger piers, bulkheads and
improvements related thereto, and any amendments, additions or replacements thereof
Section 3 9 Common Elements "Common Elements" means and comprises (i) all of
the real property, improvements and facilities of the Condominium, excluding however the
Condominium Units as herein defined, (it) all personal property and equipment held and
maintained for the joint use and enjoyment of all the Owners of Condominium Units, (mi) the
CAMA Permit, (tv) the Pemut, and (v) all permits for construction, maintenance and operation
of the Condominium assigned by Declarant to the Association or otherwise procured or acquired
by the Association Notwithstanding this definition, to the extent that provisions of the Act
apply to the Common Elements, those provisions, including but not limited to Section 47C-3-
112, shall only apply to "Common Elements" as defined in the Act
Section 3 10 Common Expenses "Common Expenses" means expenditures made by
or financial liabilities of the Association, together with any allocations to reserves
Section 3 11 Condominium "Condominium" means the Property described on Exhibit
A together with all buildings and improvements existing thereon or hereinafter constructed
thereon, and any portions of the Development Property, and buildings and improvements
thereon, which may be submitted to this Declaration and added to the Condominium
Section 3 12 Condominium Units "Condominium Units" or "Units" as such terms are
used herein, means a physical portion of the Condominium designated for separate ownership,
the boundaries of which are hereinafter defined and shown on Exhibit B The planes
immediately above and below the interior surfaces of the Common Element beams of the interior
structure are the horizontal boundaries of each respective Unit, which horizontal boundaries
extend to the intersections with the vertical boundaries, which vertical boundaries are Common
Element beams as depicted on Exhibit B
Except as otherwise modified herein, the provisions of the N C Gen Stat § 47C-2-
102(3) are incorporated herein by reference
Section 3 13 Covenant to Share Costs "Covenants to Share Costs" means any
declaration of easements and covenants to share costs executed by Declarant or the Association
and recorded in the Register of Deeds which creates easements for the benefit of the Association
and the present and future owners of the real property subject to the Declaration and which

OK3279PG 126
obligates the Association and such owners to share the costs of maintaining certain property
described therein
Section 3 14 Declarant "Declarant" means Surf City Investments, Inc and any Person
or entity who succeeds to any Special Declarant Rights as provided herein or pursuant to the
Condominium Act
Section 3 15 Declaration "Declaration" means this instrument and any amendments
thereto
Section 3 16 Development Period "Development Period" means the period ending on
the earliest of (a) twenty (20) years from the date this Declaration is recorded in the Register of
Deeds, provided, that if Declarant is delayed in the improvement and development of the
Property as a result of a sewer, water or budding permit moratorium or other cause or event
beyond Declarant's control, then the aforesaid period shall be extended for the length of the
delay plus an additional two (2) years upon written notice to the Association of such extension,
or (b) the date specified by Declarant in a written notice to the Association that the Development
Period is to terminate on that date so staled
Section 3 17 Development Prone rty "Development Property" means that real property
described on Exhibit C
Section 3 18 Development Rights "Development Rights" means the rights reserved by
Declarant under Article 28 of this Declaration, including the right to add additional real estate
and property to the Condominium
Section 3 19 Director "Director" means a member of the Board of the Association
Section 3 20 Limited Common Elements "Limited Common Elements" means those
portions of the Common Elements allocated by operation of N C Gen Stat § 47C-2-1 D2 for the
exclusive use of one or more but fewer than all of the Units, those portions of the Common
Elements described in this Declaration as Limited Common Elements and those portions of the
Common Elements designated as Limited Common Elements on Exhibit B
Section 3 21 Member "Member" means a Person having membership in the
Association consistent with Article 9 of this Declaration
Section 3 22 Mortgage "Mortgage' means a mortgage, a deed of trust, a deed to
secure debt, or any other form of security deed
Section 3 23 Mortgagee "Mortgagee" means a beneficiary or holder of a Mortgage
Section 3 24 Permit "Permit" means the North Carolina Stormwater Management
Permit No SW8990325, and any additional North Carolina Stormwater Management Permits,
applicable to the Property, and any amendments, additions or replacements thereof

BK3279PG 127
Section 3 25 Person "Person" means a natural person, limited liability company,
corporation, business trust, estate, trust, partnership, association, joint venture, government,
governmental subdivision or agency, or other legal or commercial entity or any combination
thereof
Section 3 26 Pro ert "Property" means the real estate described on Exhibit A,
together with all rights, privileges, easements and appurtenances belonging to or in any way
pertaining to said real estate
Section 3 27 Register of Deeds "Register of Deeds" means the office of the Register
of Deeds of Pender County, North Carolina
Section 3 28 Riparian Easement 'Ripanan Easement" means any easement or
easements granted to the Association by the State of North Carolina, pursuant to the provisions
of N C G S Section 146-12, and all appurtenant rights, privileges, obligations and conditions set
forth therein
Section 3 29 Riparian Rights 'Riparian Rights" means riparian and littoral rights,
collectively, including the right to wharf out, moor, and to tie up a boat, together with the right to
maintain a channel to the navigable waterways, and other rights of access to and enjoyment of
waterways given to an owner of land adjacent to a waterway
Section 3 30 Stormwater Facilities "Stormwater Management Facilities" means all
areas consisting of ditches and swells, retention ponds and other improvements which are
constructed pursuant to, and regulated by, the Permit
Section 3 31 UnitOwner "Unit Owner" or "Owner' means any Person owning one or
more Units, but shall not include a Mortgagee unless such Mortgagee has acquired title pursuant
to foreclosure or some other process in lieu of foreclosure
Section 3 32 Upkeep "Upkeep' means care, inspection, maintenance, operation,
repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and
reconstruction
Section 3 33 Use Restrictions "Use Restrictions" means the rules and use restrictions
more fully defined as set forth in Section 6 5
Sccuon 3 34 Utility Company "Utility Company" means a public or private company
or entity duly licensed and authorized by the North Carolina Utilities Commission to provide
utility services within a specified franchise area and any entity providing utility services on
behalf of a body politic, municipality or other governmental body or entity
Any word not defined herein, unless it is plainly evident from the context of this
Declaration that a different meaning is intended, shall, as used herein, have the meaning set out
in NC Gen Stat § 47C-1-103

OK3279PG 128
ARTICLE 4
OWNERSHIP INTEREST/COMMON ELEMENTS
Section 4 1 Common Element Allocation Each Condominium Unit shall be conveyed
and treated as an individual property capable of independent use and fee simple ownership, and
the Owner of each Unit also shall own, as an appurtenance to the ownership of said
Condominium Unit, an undivided interest in the Common Elements The proportional interest in
the Common Elements allocated to each of the Condominium Units which presently exists,
subject to amendment as provided herein, shall be as set out in Exhibit D attached hereto and
made a part hereof The formula for the proportional interest in the Common Elements is that
the Owner of each Unit shall have an equal interest in the Common Elements
The proportional interest in the Common Elements allocated to each Condominium Unit
shall be reallocated among all of the Condominium Units employing the formula as set forth in
Exhibit D when new Condominium Units are created pursuant to the exercise of Development
Rights
Section 4 2 Common Expense Allocation The portion of the Common Expenses of
the Association allocated to each Unit is based upon the same categories and formula used to
determine the proportional interest in the Common Elements appurtenant to each Condominium
Unit and is as set out in Exhibit D The proportion of the Common Expenses allocated to each
Unit shall be reallocated among all of the Condominium Units employing the same categories
and formula as stated above when new Condominium Units are created pursuant to the exercise
of Development Rights
Section 4 3 Voting Allocation The vote in the Association allocated to each Unit
shall be equal and shall be one (1) vote per unit
ARTICLE 5
ANNEXATION
Section 5 1 Annexation Without Approval of Membership
(a) During the Development Period, Declarant may unilaterally subject any
Development Property to the provisions of this Declaration Nothing in this Declaration or
otherwise shall be construed to require Declarant, or any successor, to develop any Development
Property in any manner whatsoever
(b) Declarant may transfer or assign this right to annex property Nothing in
this Declaration shall be construed to require Declarant or any successor to annex or develop any
Development Property in any manner whatsoever
(c) Annexation of all or any portion of the Development Property shall be
accomplished by recording a Supplemental Declaration in the Register of Deeds describing the

BK3279PG 129
property to be annexed and specifically subjecting it to the terms of this Declaration Such
Supplemental Declaration shall require the consent of the owner of such property, if other than
Declarant Any such annexation shall be effective upon the recording of such Supplemental
Declaration in the Register of Deeds unless otherwise provided therein
(d) Any such Supplemental Declaration may alter the proportionate share of
undivided interest in the Common Elements assigned to each category of Units consistent with
formula included at Exhibit D
Section 5 2 Additional Covenants and Easements Declarant may unilaterally subject
any portion of the Development Property submitted to this Declaration to additional covenants
and easements, including covenants obligating the Association to maintain and insure such
property on behalf of the Owners Any Supplemental Declaration or additional covenants
imposed on property annexed into the Property may provide for different uses and impose
standards and restrictions other than those contained in this Declaration and the Association shall
have standing and the power to enforce such standards and restrictions Such additional
covenants and easements shall be set forth in a Supplemental Declaration recorded with the
Register of Deeds filed either concurrent with or after the annexation of the subject property and
shall require the written consent of the owner(s) of such property, if other than Declarant
Section 5 3 Amendment This Article shall not be amended without the prior written
consent of Declarant during the Development Period
Section 5 4 Additional Members Any property annexed into the Association by the
provisions of this Declaration shall be subject to all conditions and privileges of the Association
and Owners of any such annexed property shall be Members of the Association
ARTICLE 6
PLAN OF DEVELOPMENT, USE RESTRICTIONS AND ENCUMBRANCES
Section 6 1 Non -Residential Use The Category 1 Units in the initial phase of the
Condominium are restricted to non-residential use
Section 6 2 Plan of Development Aoolmcability Effect Declarant has established a
general plan of development for the Property under this Declaration in order to protect all
Owners' collective interests, the aesthetic and environment quality within the Property, and the
vitality of and sense of community within the Properly, all subject to the Board's and the
Members' ability to respond to changes in circumstances, conditions, needs, and desires within
the community
This Declaration, including the Initial Use Restrictions attached as Exhibit E and the
rules and resolutions adopted by the Board or the Members, establish affirmative and negative
covenants, easements, and restrictions on the Property

OK3279PG 130
All provisions of the Association Documents shall apply to all Owners of any Unit, and
also to their family members, guests, invitees, employees, customers, and tenants (collectively,
"Guests')
Section 6 3 Authority to Promulgate Rules
(a) Subject to the terms of this Article and in accordance with its duty of care
and undivided loyalty to the Association and its Members, the Board may adopt additional rules
not inconsistent with the Initial Use Restrictions set forth in Exhibit E hereof, and other such
rules and regulations permitted by, and not inconsistent with, the Act
(b) The Owners, at a meeting duly called for such purpose, may adopt rules
which modify, cancel, limit, create exceptions to, adopted rules by a vote of Owners representing
67% of the total vote and the approval of Declarant during the Development Period
(c) At least fifleen (15) days prior to the effective date of any action under
subsections (a) or (b) of this Section, the Board shall send a copy of the rule to each Owner
specifying the effective date of such rule The Association shall provide, without cost, a copy of
the rules then in effect to any requesting member or Mortgagee
(d) Nothing in this Article shall authorize the Board or the Owners to modify,
repeal or expand the Association Documents except as such documents may be amended as
provided therein
Section 64 Owners' Acknowledgment All Owners are subject to the Use
Restrictions and are given notice that (a) their ability to use their privately owned property is
limited thereby, and (b) the Board and/or the Owners may adopt, delete, modify, create
exceptions to, or amend the rules
Each Owner by acceptance of a deed acknowledges and agrees that the use and
enjoyment and marketability of his or her property can be affected by this provision and that the
Use Restrictions and rules may change from time to time
Section 6 5 Use Restrictions The Condominium Units and Common Elements are
declared to be subject to the restrictions, easements, conditions and limitations now of record
affecting the land and improvements of the Condominium and those set forth in the Initial Use
Restrictions attached hereto as Exhibit F,
Section 66 Encumbrances The Condominium is subject to those matters affecting
the Property set forth on Exhibit F attached hereto and incorporated herein by reference
Section 6 7 Right of First Refusal Declarant hereby retains a right of first refusal (the
"Right of First Refusal' to purchase each Unit from Owner, subject to the terms and conditions
in this Section 6 7

BK3279PG 131
(a) Exercise of Right of First Refusal In the event that during the
Development Period, an Owner receives a bona fide offer to purchase a Unit which Owner
decides to accept (the "Offe), prior to any such acceptance of such Offer or sale, Owner shall
first offer to sell the Unit to Declarant Owner shall require the Offer to be reduced to writing
and Owner shall send to Declarant a copy of the Offer, together with a writing signed by Owner
indicating that Owner intends to sell the Property on such terms (the "Refusal Notice") The
Refusal Notice shall constitute an offer by Owner to sell the Unit covered by the Offer upon the
exact terms and conditions as contained in the Offer subject to the additional terms set forth in
this Section 6 7 (the "First Refusal Offer") After the date the First Refusal Offer is delivered to
Declarant, Declarant shall have a period of ten (10) days in which to accept or to reject the First
Refusal Offer and deliver notice of acceptance or rejection to Owner In the event notice of
acceptance of the Offer by Declarant, including the payment of any earnest money deposit
provided in the Offer, is not received by Owner within such ten (10) day period, the First Refusal
Offer shall be deemed rejected by Declarant In the event the First Refusal Offer is accepted by
Declarant, closing shall be held in accordance with the terms contained in the First Refusal Offer
except that the closing date set forth therein may be extended at the option of the Owner until a
date on or before thirty (30) days after the Owner's receipt of Declarant's notice of acceptance
Prior to the expiration of the Development Period, any third party may conclusively presume that
the Right of First Refusal no longer exists if there has been recorded in the office of the Register
of Deeds a release signed by the Declarant, its successors or assigns, stating that the Right of
First Refusal has been terminated pursuant to the terms hereof
(b) Transfers Not Subject to the Right of First Refusal The rights of
Declarant herein shall extend to and cover any conveyance of the Unit by an Owner except (r) a
conveyance by devise, descent, or operation of law, (it) a conveyance made to a spouse, a parent,
child or grandchild, a trust or limited liability company for the benefit of any of the foregoing
parties, or any combination of the foregoing parties, (in) a conveyance to an affiliate, subsidiary,
or parent of Owner, or to a person or entity which controls or which is controlled by Owner or
any of its members, or to any member of Owner, (iv) any conveyance resulting from a merger,
(v) the conveyances specified in subsection (e) hereof, and (vr) conveyances by Declarant It is
provided, however, upon the occurrence of any of the exempted conveyances described in this
subsection (b), the rights of Declarant relative to the Umt(s) shall continue to be fully applicable
to any subsequent offers and conveyances by the applicable transferee during the Development
Period subject to the terms and conditions hereof
(c) Term Except as otherwise provided herein, the Right of First Refusal and
the obligations undertaken hereunder shall exist until the expiration of the Development Period,
or earlier release of the Right of First Refusal by the Declarant evidenced by recording the
appropriate release with the Register of Deeds
(it) After Acceptance In the event Declarant accepts the First Refusal Offer
but, thereafter, for any reason other than the Owner's default, fails to close the purchase of the
Unit within the penods outlined above, the Right of First Refusal for the Offer shall terminate
and have no further force or effect Further, in such event Owner may retain any earnest money
deposit as liquidated damages, the parties agreeing that the exact amount of damages which
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earnest money deposit is a reasonable estimation of the amount of Owner's damages in such
circumstance Notwithstanding anything to the contrary in the First Refusal Offer, the retention
of the earnest money deposit by Owner shall be Owner's only recourse against Declarant in such
event
(e) Transfers in the Nature of Security Interests Nothing contained in this
Section 6 7 shall affect the right of any Owner to convey all or any portion of a Unit(s) by
mortgage, deed of trust, or other instrument executed to secure a loan All rights of Declarant in
this Section 6 7 are expressly subordinate to any conveyance by an Owner of a Umt(s) to secure
any loan to Owner Nothing in this Section 6 7 shall affect the right of an Owner to lease a
Unn(s)
ARTICLE 7
EASEMENTS
Section 7 1 Easements -Common Elements Subject to the Special Declarant Rights
reserved to Declarant in this Declaration and the provisions of N C Gen Stat § 47C-3-112, all
of the Common Elements, except the Limited Common Elements, shall be, and the same are
hereby declared to be, subject to a perpetual non-exclusive easement in favor of all of the
Owners of Condominium Units in the Condominium for their use and the use of their Guests for
all proper and normal purposes, and for the furnishing of services and facilities for which the
same are reasonably intended for the use and enjoyment of the Condominium Units The use of
Common Elements by the Owner of Owners of all Condomimum Units, and all other parties
authorized to use the same, shall be at all times subject to the Association Documents For that
portion of the Common Elements upon which a particular Unit is located as depicted on Exhibit
B. the easement to so locate a Unit shall be exclusive
Section 7 2 Reserved Declarant Easements Declarant, its successors and assigns,
reserves a perpetual non-exclusive easement, over, upon and across the Property, including the
Common Elements, said easement hereby reserved to be for any and all purposes deemed
desirable by Declarant, its successors and assigns, including, but not limited to, (i) the
installation, maintenance, repair and replacement of the Common Elements and utilities and
other services and (u) pedestrian and vehicular access to other property without regard to
whether such other property is contiguous to the Condominium or owned by the Declarant
ARTICLE 8
EASEMENT FOR UNINTENTIONAL AND NON -NEGLIGENT ENCROACHMENTS
Section 8 1 Existing Elements In the event that any Condominium Unit, or the
ordinary storage of a boat along with the attached engine or outdnve within any Condominium
Unit, shall encroach upon any Common Elements, for any reason not caused by the purposeful or
negligent act of the Condominium Unit Owner, or agents of such Owner, then an easement
appurtenant to such Condominium Unit shall exist for the continuance of such encroachment
upon the Common Elements for so long as such encroachment naturally shall exist, and, in the
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event that any portion of the Common Elements shall encroach upon any Condominium Unit,
then an easement shall exist for the continuance of such encroachment of the Common Elements
upon any Condominium Unit for so long as such encroachment naturally shall exist
Section 8 2 Reconstruction If any Condominium Unit or Common Elements shall be
partially or totally destroyed as a result of fire or other casualty, or as a result of condemnation or
eminent domain proceedings, and if upon reconstruction of such Unit and/or Common Elements
in accordance with Article 21 hereof, there exist encroachments of portions of the Common
Elements upon any Condominium Unit, or of any Condominium Unit upon any portion of the
Common Elements, then such encroachments shall be permitted and a valid easement for the
maintenance thereof shall exist so long as such encroachments naturally shall remain
ARTICLE 9
ADMINISTRATION OF THE CONDOMINIUM BY
BEACH HOUSE YACHT CLUB OWNERS ASSOCIATION
Section 9 1 Creation/Organization To efficiently and effectively provide for the
administration of the Condominium by the Owners of the Condominium Units, an association of
all Unit Owners has been incorporated pursuant to Chapter 55A of the General Statutes of North
Carolina known and designated as "BEACH HOUSE YACHT CLUB OWNER'S
ASSOCIATION' (herein sometimes called the "Association") The Association shall administer
the operation and management of the Condominium and undertake and perform all acts and
duties incident thereto in accordance with the terms of its Bylaws
Section 9 2 Members The Owner or Owners of each Condominium Unit
automatically shall become members of said Association upon his, their or its acquisition of an
ownership interest in title to any Condomimum Unit and its appurtenant undivided interest in
Common Elements, and the membership of such Owners or Owner shall terminate automatically
upon such Owner or Owners being divested of such ownership interest in the title to such
Condominium Unit, regardless of the means by which such ownership may be divested No
person holding any lien, mortgage or other encumbrance upon any Condominium Unit shall be
entitled, by virtue of such lien, mortgage or other encumbrance, to membership in said
Association or to any of the rights or privileges of such membership
Section 9 3 Administration by Association In the administration of the operation and
management of the Condominium, the Association, subject to the provisions of N C Gen Stat §
47C-3-105 and 47C-3-112, shall have and is hereby granted the authority and power to enforce
the provisions of this Declaration, to levy and to collect assessments in the manner heremaller
provided, to adopt, promulgate and enforce such rules and regulations governing the use of the
Common Elements as the Board of Directors of said Association may deem to be in the best
interests of the Association and to exercise such other powers as set forth in N C Gen Stat §
47C-3-102, including the right to assign future assessments, assessment rights and income of the
Association
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ARTICLE 10
ASSOCIATION RIGHTS OBLIGATIONS AND SERVICES
Section 10 I Implied Rights, Board Authority The Association may exercise any right
or privilege given to it expressly by the Association Documents or which may be reasonably
implied from, or reasonably necessary to effectuate, any such right or privilege Except as
otherwise specifically provided in the Association Documents, or by law, all rights and powers
of the Association may be exercised by the Board without a vote of the membership
Section 10 2 Dedication of Common Elements The Association may dedicate or grant
easements over portions of the Common Elements to any local, state, or federal governmental
entity or any Utility Company
Section 10 3 Disclaimer of Liability The Association may, but shall not be obligated
to, maintain or support certain activities within the Property designed to promote the health,
safety and welfare of Owners and occupants of any Unit
(a) Notwithstanding anything contained herein or in the Association
Documents or the Act, neither the Association, the Board, the management company of the
Association, Declarant nor any successor Declarant shall be liable or responsible for, or in any
manner a guarantor or insurer of, the health, safety or welfare of any Owner or any Guest of any
Owner for any property of any such Persons Each Owner and each Guest of any Owner shall
assume all risks associated with the use and enjoyment of the Property, including all Common
Elements
(b) No provision of the Association Documents shall be interpreted as
creating a duty of the Association, the Board, the management company of the Association,
Declarant nor any successor Declarant to protect or further the health, safety or welfare of any
Person(s), even if the funds of the Association are used for any such purpose
Each owner (by virtue of his or her acceptance of title to his or her Unit) and each other
Person having an interest in or lien upon, or making any use of, any portion of the Property (by
virtue of accepting such interest or lien or making such use) shall be bound by this Section and
shall be deemed to have waived any and all rights, claims, demands and causes of action against
the Association, the management company of the Association, if any, Declarant and any
successor Declarant, their directors, officers, committee and Board members, employees, agents,
contractors, subcontractors, successors and assigns arising from or connected with any matter for
which the liability has been disclaimed
Section 10 4 Safety The Association may maintain or support certain activities within
the Property designed to provide a greater level of safety than exists within the Property
(a) Neither the Association, any management company of the Association,
Declarant, nor any successor Declarant shall in any way be considered insurers or guarantors of
safety within the Property Neither the Association, any management company of the
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Association, Declarant, nor any successor Declarant shall be held liable for any loss or damage
for failure to provide adequate safety or ineffectiveness of safety measures undertaken including,
without limitation, damages due to theft, vandalism, or operation of the forklift
(b) All Owners and all family members, and Guests of any Owner,
acknowledge that the Association, its Board of Directors, and Association committees, the
management company of the Association, Declarant, any successor Declarant, and any
committees of the Board do not represent or warrant that any entry gate, patrolling of the
Property, neighborhood watch group or volunteer safety patrol, or any safety system designated
by or installed according to guidelines established by Declarant may not be compromised or
circumvented, nor that any entry gate, patrolling of the Property, neighborhood watch group or
volunteer safety patrol, or any security systems will prevent loss by burglary, theft, hold-up, or
otherwise, nor that any entry gate, patrolling of the Property, neighborhood watch group or
volunteer safety patrol, or any security systems will in all cases provide the detection or
protection for which the system is designed or intended
(c) All Owners and all family members, and Guests of any Owner,
acknowledge and understand that the Association, its Board and committees, the management
company of the Association, Declarant, or any successor Declarant are not insurers of the safety
within the Property Each Owner acknowledges, understands and shall be responsible for
informing its tenants and all occupants of its Unit that the Association, its Board and committees,
and Declarant not guarantors of security or safety and that each person using the Property within
the Project assumes all nsks of personal injury and loss or damage to property including Units
and the contents thereof, resulting from acts of third parties
(d) All Owners and all family members, and Guests of any Owner assume all
risks for loss or damage to Persons, to Units, and to the contents of Units and further
acknowledge that the Association, its Board and committees, the management company of the
Association, Declarant, or any successor Declarant have made no representations or warranties,
nor has any Owner, occupant, or any Guest of any Owner relied upon the representations or
warranties, expressed or implied, relative to any entry gate, patrolling of the Property,
neighborhood watch group or volunteer safety patrol, or any security systems recommended or
installed or any safety measures undertaken within the Property
Section 10 5 Provision of Services The Association may provide services and facilities
for the members of the Association and their Guests and lessees The Association shall be
authorized to enter into contracts or other similar agreements with other entities, including
Declarant, to provide such services and facilities The costs of services and facilities provided by
the Association maybe funded by the Association as a Common Expense In addition, the Board
shall be authorized to charge additional use and consumption fees for services and facilities The
Board, without consent of the Members of the Association, shall be permitted to modify or
cancel existing services of facilities provided, if any, or to provide additional services and
facilities Nothing contained herein can be relied upon as a representation as to what services
and facilities, if any, will be provided by the Association This paragraph shall be specifically
construed to allow the Association to enter into a contract for the overall management of the
Association with any individual or corporation
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Section 10 G Change of Use of Common Elements Upon (a) adoption of a resolution
by the Board stating that, in the Board's opinion, a service provided by the Association pursuant
to Section 10 5 or the then present use of a designated part of the Common Elements is no longer
in the best interest of the Owners or is no longer necessary or appropriate for the purposes
intended, and (b) the consent of Declarant during the Development Period, the Board shall have
the power and right to terminate such service or change the use of any Common Elements (and,
in connection therewith, construct, reconstruct, alter or change the buildings, structures and
improvements thereon in any manner deemed necessary by the Board to accommodate the new
use), provided that any such new use (i) shall be for the benefit of the Owners, and (u) shall be
consistent with any deed restrictions and zoning regulations restricting or limiting the use of the
Common Elements
Section 107 View Impairment Neither Declarant nor the Association guarantees or
represents any view over and across the property Any express or implied easements for view
purposes or for the passage of light and air are hereby expressly disclaimed
ARTICLE 1 I
RECREATIONAL FACILITIES
Section 11 1 Recreational Facilities The Declarant must construct recreational
improvements, including, but not limited to a swimming pool and clubhouse (the "Recreational
Facilities") When constructed, the Recreational Facilities will be provided for the benefit of
Owners, their families, and Guests within the Property and, at the sole option of the Declarant to
other individuals The Recreational Facilities shall be maintained as part of the Common
Elements out of assessments imposed on all Owners The Association may impose reasonable
regulations regarding the use of any such Recreational Facilities to ensure accessibility, safety,
harmony and preservation of any such Recreational Facilities Any such license shall expire by
its terms upon the expiration or termination of the Development Period
ARTICLE 12
CAMA PERMIT TRANSFER, RESPONSIBILITIES AND COVENANTS
Section 12 1 Transfer of CAMA Permit Prior to or simultaneously with the expiration
of the Development Period, Declarant shall transfer the CAMA Permit and Declarant's
responsibilities under the CAMA Permit to the Association, and the Association shall accept the
transfer from the Declarant together with the responsibilities under the CAMA permit
Section 122 Indemnification The Association shall indemnify and hold Declarant
harmless from any loss, const, claim, fee, fine, suit, damage or expense, including reasonable
attorneys' fees, incurred by Declarant in the defense of any action against Declarant as the
responsible party under the CAMA Permit and any CAMA Permit applicable to any property
annexed into the Property from and after the date Declarant tender- transfer of its responsibilities
under the CAMA Permit The Association shall indemnify and I ild Declarant harmless from
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any loss, cost, claim, fee, fine suit, damage or expense, including reasonable attorneys' fees,
incurred by Declarant in the defense of any action against Declarant as holder of the CAMA
permit from and after the date Declarant tenders transfer of the CAMA Permit to the Association
following the approval of such transfer by the North Carolina Department of Environment and
Natural Resources and the certification of compliance asset forth above Further, Declarant may
brig an action for specific performance of the obligations of the Association pursuant to this
paragraph
Section 12 3 Administration of the LAMA Permit by Association From and after the
transfer of Declarant's responsibilities under the CAMA Permit applicable to the property
annexed into the Property and from and after transfer of the CAMA Permit from the Declarant to
the Association, the oversight, supervision, management and administration of the CAMA
Perin shall be the sole responsibility of the Association The Association's duties with respect
to the CAMA Permit shall be tamed out in accordance with the terms and conditions of this
Declaration, the Articles, the Bylaws, and the CAMA Permit
ARTICLE 13
PERMIT TRANSFER. RESPONSIBILITIES AND COVENANTS
Section 13 1 Transfer to and Acceptance by Association Declarant shall, at its sole
cost and expense, initially construct all Stormwater Management Facilities required to be located
upon the Property or upon any property annexed into the Property by Declarant to the standards
required by the Permit Upon completion of the initial construction of the Stormwater
Management Facilities, Declarant shall transfer the Permit and Declarant's responsibilities under
the Permit to the Association and the Association shalt accept such transfer Thereafter, upon
completion of the initial construction of the Stormwater Management Facilities required by the
applicable Permit for any additional property annexed by Declarant into the Property pursuant to
this Declaration, Declarant shall transfer the applicable Permit and Declarant's responsibilities
under the Permit applicable to the property annexed by Declarant into the Property to the
Association The Association shall accept the transfer from Declarant of the applicable Permit
and responsibilities under the Pemut Transfers of any such Permit shall occur within a
reasonable time after the date the North Carolina Department of Environment and Natural
Resources allows the transfer of the Permit to occur or, a later date determined by Declarant in
Declarant's sole discretion
Prior to such transfer of the Permit, the Stormwater Management Facilities for the
Property, including any property annexed by Declarant into the Property, shall be certified to the
Association and the State of North Carolina, either by state inspection or by a licensed engineer,
as being in compliance with the applicable Permit prior to such assignment or transfer
Section 13 2 Association Indemnification The Association shall indemnify and hold
Declarant harmless from any loss, cost, claim, fee, fine, suit, damage or expense, including
reasonable attorneys' fees, incurred by Declarant in the defense of any action against Declarant
as the responsible party under the Permit and any Permit applicable to any property annexed into
the Property from and after the date Declarant tenders transfer of its responsibilities under the
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Permit to the Association The Association shall indemnify and hold Declarant harmless from
any loss, cost, claim, fee, fine sort, damage or expense, including reasonable attorneys' fees
incurred by Declarant in the defense of any action against Declarant as holder of the Permit from
and after the date Declarant tenders transfer of the Permit to the Association following the
approval of such transfer by the North Carolina Department of Environment and Natural
Resources and the certification of compliance as set forth above Further, Declarant may bring
an action for specific performance of the obligations of the Association pursuant to this Article
13
Section 13 3 Administration of Permit From and after the transfer of Declarant's
responsibilities under the Permit applicable to the property annexed into the Property and from
and after transfer of the Permit from Declarant to the Association, the oversight, supervision,
management and administration of the Permit shall be the sole responsibility of the Association
The Association's duties with respect to the Permit shall be tamed out in accordance with the
terms and conditions of the Association Documents, and the Permit
Section 13 4 Permit Covenants To ensure ongoing compliance with the Permit as
issued by the Division of Water Quality under NCAC 2H 1000 the following covenants and
restrictions are hereby imposed upon the Property No alteration of the drainage for the
Stormwater Management Facilities designated in the Permit and shown on any accompanying
approved plans shall occur without the prior written consent of the Division of Water Quality
The covenants set forth herein pertaining to stormwater management may not be
altered, rescinded, or modified without the express written consent of the State of North
Carolina, Division of Water Quality The State of North Carolina is made a beneficiary of the
covenants above -stated to the extent necessary to maintain compliance with the Permit, and such
covenants run with the Property and shall be binding on all Persons and parties claiming under
them
ARTICLE 14
RIG] IT OF ENTRY IN EMERGENCIES
In case of any emergency originating in or threatening any Unit or the Common
Elements, regardless of whether the Owner is present at the time of such emergency, the Board
of Directors, or any other Person authorized by it, or the managing agent, shall have the right to
enter such Unit, such Common Elements, boats and other personal property for the purpose of
remedying or abating the cause of such emergency, and such right of entry shall be immediate
ARTICLE 15
RIGHT OF ENTRY FOR MAINTENANCE OF COMMON ELEMENTS
OR OTHER CONDOMINIUM UNITS
Whenever it may be necessary to enter any Condominium Unit for the purpose of
performing any maintenance, alteration or repair to any portion of the Common Elements or
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adjacent Condominium Units, the Owner of each Condominium Unit shall permit other Owners
or their representatives, or the duly constituted and authorized agent of the Association, to enter
such Condominium Unit for such purpose
ARTICLE 16
LIMITATION UPON RIGHT OF OWNERS TO ALTER AND MODIFY
CONDOMINIUM UNITS, NO RIGHT TO ALTER COMMON ELEMENTS
Section 16 1 Alteration of Units Subject to the provisions of N C Gen Stat § 47C-2-
111, and to the limitations contained in Article 16 of this Declaration, Units may be altered and
Common Elements may be allocated as Limited Common Elements Units may not be
subdivided, but boundaries between adjoining Units may be relocated subject to the provisions of
N C Gen Star § 47C-2-112
Section 16 2 Common Elements Allocated to Units
(a) The undivided interest in the Common Elements allocated to each
Condominium Unit shall not be conveyed, devised, encumbered or otherwise dealt with
separately from said Condominium Unit, and the undivided interest in Common Elements
appurtenant to each Condominium Unit shall be deemed conveyed, devised, encumbered or
otherwise included with the Condominium Unit even though such undivided interest is not
expressly mentioned or described in the instrument conveying, devising, encumbering or
otherwise dealing with such Condominium Unit Any instrument conveying, devising,
encumbering or otherwise dealing with any Condominium Unit, which describes said
Condominium Unit by the number designation assigned thereto by the map recorded as aforesaid
without limitation or exception, shall be deemed and construed to affect the entire Condominium
Unit and its appurtenant undivided interest in the Common Elements Subject to the
Timesharing Prohibition included in the Initial Use Restrictions, nothing herein contained shall
be construed as limiting or preventing ownership of any Condominium Unit and its appurtenant
undivided interest in the Common Elements by more than one Person as tenants in common,
joint tenants or as tenants by the entirety
(b) Recognizing that the proper use of a Condominium Unit by an Owner or
Owners is dependent upon the use and enjoyment of the Common Elements in common with the
Owners of all other Condominium Units, and that it is in the interest of all Owners that the
ownership of the Common Elements be retained in common by the Owners, it is hereby declared
that the proportional undivided interest in the Common Elements and all personal property and
equipment owned, leased or otherwise held by the Association to each Condominium Unit shall
remain undivided and no Unit Owner shall bring or have any right to bring any action for
partition or division of the Common Elements
Section 16 3 Consent to Modification of Units Subject to the Special Declarant Rights
reserved to Declarant in this Declaration, and the restriction in Section 5 2 of this Declaration, no
Owner of a Condominium Unit shall permit any modification or alteration to be made to a
Condominium Unit or any betterment or improvement to the Limited Common Elements
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appurtenant to a Unit without first obtaining the written consent of the Association, which
consent may be withheld in the event that a majority of the Board of Directors of the Association
shall determine, in its sole discretion, that such modifications, alterations, betterments or
improvements would adversely affect or in any manner endanger the Condominium in part or in
its entirety Subject to the Special Declarant Rights reserved to Declarant in this Declaration, no
Owner shall cause any improvements or changes to be made to any Unit without the written
consent of the Association being first had and obtained Subject to the Special Declarant Rights
reserved to Declarant in this Declaration, no Unit Owner shall cause any object to be affixed to
the Common Elements or in any manner change the appearance of the Common Elements
without the written consent of the Association being first obtained As a condition to the
granting of written consent of the Association to an Owner for the installation of any betterments
and improvements within the Limited Common Elements assigned to such Owner's Unit, the
obligation of Upkeep of such Limited Common Elements, and any improvements and
betterments installed therein, shall be deemed to be the obligation of such Owner at the cost and
expense of such Owner, and the Association shall have no further obligation to provide such
Upkeep or bear the cost thereof as otherwise set forth in this Declaration
Section 16 4 Dry Slin Unit Bunks The bunks and appurtenant improvements thereon
located within each Category I Unit ('Dry Shp Bunks") are part of the Unit The DrySlip Bunks
may not be removed, replaced or modified without the prior consent of the Board The cost and
expense related to the Upkeep of the Dry Slip Bunks is to be home by the Owner
Section 16 5 Indemnification -Unit Modification Subject to the Special Declarant
Rights reserved to Declarant in this Declaration, the Board of Directors of the Association, in its
sole discretion, may require a Unit Owner desiring to add betterments or improvements to his
Unit or the Limited Common Elements appurtenant to his Unit to indemnify the other Unit
Owners and the Association against any and all loss, cost and expense that may be occasioned by
the addition of such betterments or improvements and further may require such Unit Owner to
obtain liability insurance naming the other Unit Owners and the Association as additional
insureds in such amounts and upon such terms as the Board of Directors shall determine
ARTICLE 17
MAINTENANCE AND REPAIR BY OWNERS OF CONDOMINIUM UNITS
Section 17 l Owner Maintenance of Units Every Owner shall perform promptly all
Upkeep within his Condominium Unit which, if omitted, would affect the Condominium, either
in its entirety or in a part belonging to other Owners, or adversely impair the ability to rent such
Owner's Unit or any other Unit, and every Owner shall be expressly responsible for the damages
and liability which his failure to do so may engender
Section 17 2 Maintenance -Insurance Proceeds Whenever the Upkeep of any item for
which the Owner of a Condominium Unit is obligated to perform at his own expense is
occasioned by any loss or damage which may be covered by any insurance maintained in force
by the Association, the proceeds of the insurance received by the Association shall be used for
the purpose of performing such Upkeep, except that the Owner of such Condominium Unit shall
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be, in said instance, required to pay such portion of the costs of such Upkeep as shall, by reason
of the applicability of any deductibility provision of such insurance, exceed the amount of the
insurance proceeds applicable to such Upkeep
Section 17 3 Limited Common Elements Except as otherwise stated herein, all
betterments and improvements added to the Limited Common Elements by the Unit Owners are
a part of the respective Condominium Units and shall be maintained by the respective Unit
Owners Upon approval by the Association of the installation of betterments and improvements
to the Limited Common Elements, the obligation and cost of the Upkeep of such Limited
Common Element area, and all betterments and improvements installed within, shall be that of
the Owner
ARTICLE 18
MAINTENANCE AND REPAIR OF COMMON ELEMENTS
13Y THE ASSOCIATION
Section 18 1 Maintenance Standard Subject to Declarant's Special Declarant Rights,
and other than the Upkeep of Limited Common Elements required by the Owner, the Association
shall be responsible for the Upkeep of the Common Elements, and all conduits, ducts, plumbing,
wrong and other facilities located in the Common Elements or in a Condominium Unit for the
furnishing of utility and/or other services to the Common Elements or other Condominium Units
If any incidental damage is caused to any Condominium Unit by virtue of any work which may
be done or caused to be done by the Association in the Upkeep of any Common Elements, the
Association shall, at its expense, repair such incidental damage
Section 18 2 Damage Caused by Owner
(a) Whenever the Upkeep of any item for which the Association is obligated
to perform at its expense is occasioned by any act of a Condominium Unit Owner or Guests, and
such loss of damage may be covered by any insurance maintained in force by the Association,
the proceeds of the insurance received by the Association shall be used for the purpose of such
Upkeep, except that the Umt Owner who is responsible for the act causing the damage (whether
done by himself or his Guests) shall be required to pay such portion of the cost of such Upkeep
as shall, by reason of the applicability of any deductibility provision of such insurance, exceed
the amount of the insurance proceeds applicable to such Upkeep
(b) Whenever the Upkeep of any item for which the Association is obligated
to maintain, replace or repair at its expense is occasioned by an act of a Condominium Unit
Owner, or his Guests, and such loss or damage is not covered by any insurance maintained in
force by the Association, the Unit Owner who is responsible for the act causing the damage
(whether done by himself or his Guests) shall be required to pay the cost of such Upkeep
Section 18 3 Liability for Damage Establishment of liability for damage caused by the
Owner of a Unit or the Association is subject to the provisions of N C Gen Stat § 47C-3-107(d)
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ARTICLE 19
AUTHORITY TO PURCHASE INSURANCE
All required or permitted insurance policies (other than title insurance and insurance on
betterments and improvements to the Limited Common Elements, if any) upon the Property
(other than the personal property of the Unit Owners) shall be purchased by the Association in
the name of the Association, as Trustees for the Condominium Unit owners and their respective
mortgagees as their interests may appear, and shall provide for the issuance of certificates or
memoranda of insurance to the Association and to any Unit Owner, mortgagee, or beneficiary of
a deed of trust Each Condominium Unit Owner may obtain insurance, at his own expense,
affording coverage upon his Condominium Unit, his personal property and for his personal
liability as may be permitted or required by law, and such insurance shall, if available, contain a
waiver of subrogation as to any claims against Condominium Unit Owners, the Association and
their respective servants, agents and Guests
ARTICLE 20
INSURANCE COVERAGE TO BE MAINTAINED
USE AND DISTRIBUTION OF INSURANCE PROCEEDS
Section 20 1 Insurance Coverages The following insurance coverage shall be
maintained in full force and effect by the Association
(a) Casualty insurance covering the Common Elements, and to the extent
reasonably available, the Units, including all buildings and all improvements upon the land and
all personal property included within the Condominium, except such personal property as may be
owned by the Condominium Unit Owners, shall be procured in an amount equal to at least eighty
percent (80%) of the maximum insurable replacement value thereof (exclusive of land,
excavation and foundations) as determined annually by the insurance company affording such
coverage Such coverage shall afford protection against (a) loss or damage by fire and other
hazards covered by the standard extended coverage endorsement, (b) loss or damage by flood,
and, (c) such other risks as from time to time customarily shall be covered with respect to
buildings similar in construction, location and use, including, but limited to wind coverage,
vandalism and malicious mischief Casualty insurance obtained for the buildings and
improvements shall provide such coverage commonly known as "all inclusive building"
coverage and/or "completed condomrmum unit' coverage as such terms are used in the insurance
industry, and shall include, but not be limited to, all components of the Units together with
fixtures, cabinets, built in appliances and all other such improvements which were part of the
original completed Units, except for betterments and improvements installed by the Owner
(b) Public liability and property damage insurance in such reasonable amounts
and covering all occurrences commonly insured against including, death, bodily injury, and
property damage arising out of or in connection with the use, ownership, or maintenance of the
Common Elements, and in such forms as shall be required by the Association, including, but not
limited to, legal liability, hired automobiles, manna operations coverage, non -owned automobile
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and off-prenuses employee coverage All lability insurance shall contain cross -liability
endorsements to cover liabilities of the Condominium Unit Owners as a group to a
Condominium Unit Owner
Section 20 2 Premiums -Common Expenses Premiums upon insurance policies
purchased by the Association shall be paid by the Association as Common Expenses to be
assessed and collected from all of the Owners of Condominium Units
Section 20 3 Insurance Claim Adjustment Any loss covered by the property insurance
maintained by the Association shall be adjusted with the Association, provided, however, all
insurance policies purchased by the Association shall be for the benefit of the Association and
the Condominium Unit Owners and their Mortgagees, as their respective interests may appear,
and shall provide that all proceeds payable as a result of casualty losses shall be paid to the
Association as Trustee The Trustee shall hold such proceeds in trust for the benefit of the
Condominium Unit Owners and their respective Mortgagees as their interests may appear
Section 20 4 Mortgagee -Insurance Proceeds In the event a mortgage endorsement has
been issued for a Condominium Unit, the share of any insurance proceeds of the Condominium
Unit Owner shall be held for the Mortgagee and the Condominium Unit Owner as their interests
may appear, but nothing herein contained shall be construed so as to give any Mortgagee the
right to deterinme or participate in the determination or reconstruction or repair
Section 20 5 Use of Insurance Proceeds Proceeds of insurance policies received by the
Association shall be disbursed first for the repair, reconstruction, or restoration of the damaged
property, and the Unit Owners and lienholders are not entitled to receive payment of any portion
of the proceeds unless there is a surplus of proceeds after the Property has been completely
repaired or restored, or the Condominium is terminated except as specified in Article 21
Section 20 6 Reimbursement of Initial Insurance Premiums Declarant shall pay the
premium(s) of the initial insurance policies required by this Article 20 and shall be reimbursed
for the pro rata portion of the cost thereof by each Unit Owner at the time each Unit is conveyed
to a Person other than Declarant, or reimbursed by the Association
Section 20 7 Insurance Policy Requirements insurance policies tamed pursuant to this
Article 20 shall provide that
(a) Each Unit Owner is an insured person under the policy with respect to
liability arising out of his interest in the Common Elements or membership in the Association,
(b) The insurer waives its right to subrogation under the policy against any
Unit Owner or members of his household, if applicable,
(c) No act or omission by any Unit Owner, unless acting within the scope of
his authority on behalf of the Association, will preclude recovery under the policy,
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(d) If, at the time of any loss under the policy, there is other insurance in the
name of a Unit Owner covering the same risk covered by the policy, the Association's policy
provides primary insurance, and
(e) The insurer issuing the policy may not cancel or refuse to renew it until
thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the
Association, each Unit Owner and each Mortgagee or beneficiary under a deed of trust to whom
certificates or endorsements have been issued at their respective last known addresses
Section 20 8 Insurance Coverage -Betterments The Association shall not be required to
maintain insurance coverage for any betterments or improvements to the Units and/or Limited
Common Elements added by any Unit Owner and a Unit Owner may be required to maintain
such liability coverage as is otherwise provided herein
Section 209 Insurance Coverage -Boats Each Owner shall maintain basic liability
insurance for any boat stored in a Unit or Limited Common Element and shall provide evidence
of the same to the Board on an annual basis prior to the first day of each year
Section 20 10 Insurance Availability Notification If the insurance described in this
Article is not reasonable available, the Association promptly shall cause notice of that fact to be
hand delivered or sent prepaid by United States mail to all Unit Owners
Section 20 11 Fidelity Insurance If desired, the Association may maintain fidelity
insurance
ARTICLE 21
RECONSTRUCTION OR REPAIR OF CASUALTY DAMAGE
Section 21 1 Reconstmetion-Costs Any portion of the Condominium for which
insurance is required, pursuant to Article 20 which is damaged or destroyed shall be repaired or
replaced promptly by the Association unless (i) the Condominium is terminated, (it) repair or
replacement would be illegal under any State or local health or safety statute or ordinance, or (uQ
the Unit Owners decide not to rebuild by an eighty percent (80%) vote, including one hundred
percent (100%) approval of all Owners of Units not to be rebuilt or Owners of Units assigned to
Limited Common Elements not to be rebuilt The cost of repair or replacement in excess of
insurance proceeds and reserves shall be a Common Expense If the entire Condominium is not
repaired or replaced, (i) the insurance proceeds attributable to the damaged Common Elements
shall be used to restore the damaged area to a condition compatible with the remainder of the
Condominium, (n) the insurance proceeds attributable to Units and Limited Common Elements
which are not rebuilt shall be distributed to the Owners of those Units and the Owners of the
Units to which those Limited Common Elements were allocated or to lien holders, as their
interests may appear, and (in) the remainder of the proceeds shall be distributed to all of the Unit
Owners or lien holders, as their interests may appear, in proportion to their Common Element
interest If Unit Owner vote not to rebuild any Unit, that Umt's allocated interests automatically
shall be reallocated upon the vote as if the Unit has been condemned pursuant to N C Gen Stat
§ 47C-1-107(a), and the Association promptly shall prepare, execute and record an amendment
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to this Declaration reflecting the reallocations Unless otherwise prohibited, any such
reconstruction or repair shall be substantially in accordance with the plans and specifications
contained herein
Section 212 Estimates of Replacement Costs Immediately after the casualty causing
damage to property for which the Association has the responsibility for maintenance and repair,
the Association shall obtain reliable and detailed estimates of the cost to place the damaged
property in a condition as good as that before the casualty Such costs may include professional
fees and premiums for such bonds as the Board of Directors deems necessary or appropriate
Section 213 Priority of Repair When the damage is to Common Elements, Limited
Common Elements and Condominium Units, the insurance proceeds will be applied first to the
costs of repairing the Common Elements, secondly to the cost of repairing the Condominium
Units, and thirdly to the cost of repairing the Limited Common Elements
Section 214 Association Right to Insurance Adjustments Each Condominium Unit
Owner shall be deemed to have delegated to the Association his right to adjust with insurance
companies all losses under policies purchased by the Association
ARTICLE 22
ASSOCIATION TO MAINTAIN REGISTER OF OWNERS AND MORTGAGEES
Section 22 1 Register of Owners and Mortgagees The Association shall at all times
maintain a register setting forth the names of the Owners of all of the Condominium Units In
the event of the sale or transfer of any Condominium Unit to a third party, the purchaser or
transferee shall notify the Association in writing of his interest in such Condominium Unit,
together with such recording information as shall be pertinent to identify the instrument by which
such purchaser or transferee has acquired his interest in any Condominium Unit Further, the
Owner of each Condominium Unit shall notify the Association of the names of the parties
holding any mortgage or mortgages on any Condominium Unit, the amount of such mortgage or
mortgages and the recording information wluch shall be pertinent to identify the mortgage or
mortgages The holder of any mortgage or mortgages upon any Condominium Unit may, ifhe so
desires, notify the Association of the existence of any mortgage or mortgages held by such party
on any Condominium Unit and, upon receipt of such notice, the Association shall register in its
records all pertinent information relating thereto
Section 22 2 Mortgage Provisions The following provisions are for the benefit of
holders, insurers and guarantors of first Mortgages on Units in the Property The provisions of
this Article apply to both this Declaration and to the Bylaws, notwithstanding any other
provisions contained therein
(a) An institutional holder, insurer, or guarantor of a first Mortgage which
provides written request to the Association (such request to state the name and address of such
older, insurer or guarantor and the street address of the Unit to which its Mortgage relates,
thereby becoming an "Eligible Holder"), will be entitled to timely written notice of
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(r) Any condemnation loss or any casualty loss which affects a
material portion of the property or which affects any Unit on which there is a first Mortgage
held, insured or guaranteed by such Eligible Holder
(n) Any delinquency in the payment of assessments or charges owed
by a Unit subject to the Mortgage of such Eligible Holder, where such delinquency has continued
for a period of ninety (90) days, or any other violation of the Declaration or Bylaws relating to
such Unit or the Owner or Occupant which is not cured within ninety (90) days
Notwithstanding this provision, any holder of a first Mortgage is entitled to written notice upon
request from the Association of any default in the performance by an Owner of a Unit of any
obligation under the Declaration or Bylaws which is not cured within ninety (90) days, or
(in) Any lapse, cancellation, or material modification of any insurance
policy maintained by the Association
(b) No provision of this Declaration of the Bylaws gives or shall be construed
as giving any Owner or other party priority over any rights of the first Mortgagee of any Unit in
the case of distribution to such Owner of insurance proceeds or condemnation awards for losses
to or a taking of the Common Elements
(c) Each Owner shall furnish to the Association the name and address of the
holder of any Mortgage encumbering such Owner's Unit within thirty (30) days of such
encumbrance
ARTICLE 23
ASSESSMENTS LIABILITY, LIEN AND ENFORCEMENT
To properly administer the operation and management of the Condominium, the
Association will incur for the mutual benefit of all of the Owners of Condominium Units, costs
and expenses (not including the payment of real estate and personal property taxes) which we
part of the Common Expenses To provide for the payment of the Common Expenses, the
Association has heretofore been granted the right to make, levy and collect assessments against
the Unit Owners and their Condominium Units In furtherance of this grant of authority to the
Association to make, levy and collect assessments to pay the costs and expenses for the
operation, management and improvement of the Condominium, the following provisions shall be
operative and binding upon the Owners of all Condominium Units
Section 23 1 Levy of Assessments Except as specifically otherwise provided for in
this Article or elsewhere in this Declaration, all assessments levied by the Association shall be
levied pursuant to the allocation of Common Expenses set forth in Exhibit D, as same may be
amended from time to time Should the Association be the Owner of a Condominium Unit or
Units, the assessment which would otherwise be due and payable to the Association by the
Owner of such Unit or Units, reduced by the amount of income which may be derived from the
leasing of such Unit or Units by the Association, shall be apportioned and assessment therefore
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levied ratably among the Owners of all Units which are not owned by the Association, based
upon their proportionate interests of the Common Expenses exclusive of the interests therein
appurtenant to any Unit or Units owned by the Association
Section 23 2 Assessments -Limited Common Elements Any Common Expense
associated with the maintenance, repair or the replacement of a Limited Common Element be
assessed against the Units to which that Limited Common Element is assigned in accordance
with the undivided interest allocated to each such Unit as set forth on Exhibit D Any Common
Expense or portion thereof benefiting fewer than all of the Units must be assessed exclusively
against the Units benefited in such proportions as determined by the Board
Section 23 3 Payment of Assessments Assessments provided for herein may be
payable in installments as directed by the Board of Directors of the Association Such
assessments shall commence upon closing of the sale of the first Unit
Section 23 4 Association Budget The Board of Directors of the Association shall
establish an Annual Budget in advance for each fiscal year (which shall correspond to the fiscal
year set forth in the Bylaws) Such Budget shall project all expenses for the forthcoming fiscal
year which may be required for the proper operation, management and maintenance of the
Condomimum, including a reasonable allowance for contingencies and reserves, such budget to
take into account projected anticipated income which is to be applied in reduction of the amounts
required to be collected as an assessment each year The Board of Directors shall keep separate,
in accordance with Paragraph E hereof, items relating to operation and maintenance from items
relating to capital improvements Within thirty (30) days after adoption of such Annual Budget
by the Board of Directors of the Association, copies of said Annual Budget or summaries thereof
shall be delivered to each Owner of a Condominium Unit Within thirty (30) days after adoption
of any proposed Budget, the Board of Directors shall set a date for a meeting of the Unit Owners
to consider ratification of the Annual Budget which date shall be not less than fourteen (14) nor
more than thirty (30) days after the mailing of copies of such Annual Budget or summary thereof
to the Unit Owners There shall be no requirement that a quorum be present at the meeting The
Annual Budget is ratified unless at tat meeting a majority of all the Unit Owners reject the
Annual Budget In the event the proposed Annual Budget is rejected, the periodic budget last
ratified shall be continued until such time as the Unit Owners ratify (i a fail to reject by a
majority of all Unit Owners) a subsequent budget proposed by the Board of Directors Should
the Board of Directors at any time determine, in its sole discretion, that the assessments levied
are, or may prove to be, insufficient to pay the costs of operation and management of the
Condominium, or in the event of emergencies, the Board of Directors shall have the authority to
levy such additional assessments it may deem to be necessary
Section 23 5 Capital Improvement Fund The Board of Directors of the Association, in
establishing the Annual Budget for operation, management and maintenance of the
Condominium, may designate therein a sum to be collected and maintained as a reserve fund for
replacement of and capital improvements to the Common Elements, which capital improvement
and replacement fund (Capital Improvement Fund) shall be for the purpose of enabling the
Association to replace structural elements and mechanical equipment constituting a part of the
Common Elements, as well as the replacement of personal property which may constitute a
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portion of the Common Elements held for the joint use and benefit of the Owners of
Condominium Units The amount to be allocated to the Capital Improvement Fund may be
established by said Board of Directors so as to collect and maintain a sum reasonably necessary
to anticipate the need for replacement of Common Elements The amount collected for the
Capital Improvement Fund shall be maintained in a separate account by the Association and such
monies shall be used only to make capital improvements to Common Elements Any interest
earned on monies in the Capital Improvement Fund may, in the discretion of the Board of
Directors of the Association, be expended for current operation and maintenance
Section 23 6 Transfer Fee Upon sale or transfer of title to a Unit, the purchaser shall
pay the Association a reasonable fee (the "Transfer fee"), the amount of which Transfer Fee shall
be determined by the Board but applied equally to all purchasers many calendar year
Section 23 7 Assessments -Association property All monies collected by the
Association shall be treated as the separate property of the Association, and such monies may be
applied by the Association to the payment of any expense of operating and managing the
Condominium, or to the proper undertaking of all acts and duties imposed upon it by virtue of
this Declaration, and the Bylaws of the Association As monies for any assessment are paid into
the Association by any Owner of a Condominium Unit, the same may be commingled with
monies paid to the Association by other Owners of Condominium Units Although all funds and
Common Surplus, including other assets of the Association, and any increments thereto or profits
derived therefrom or from the leasing or use of Common Elements, shall be held for the benefit
of the members of the Association, no member of the Association shall have the right to assign,
hypothecate, pledge or in any manner transfer his membership interest therein, except as an
appurtenance to his Condominium Umt When the Owner of a Condominium Unit shall cease to
be a member of the Association by reason of his divestment of ownership of such Condominium
Unit, by whatever means, the Association shall not be required to account to such Owner for any
share of the funds or assets of the Association, or which may have been paid to the Association
by such Owner, as all monies which any Owner has paid to the Association shall be and
constitute an asset of the Association which maybe used in the operation and management of the
Condominium
Section 23 8 Delmouent Assessments The payment of any assessment or installment
thereof shall be in default if such assessment or installment is not paid to the Association within
thirty (30) days of the due date for such payment When in default, the delinquent assessment or
delinquent installment thereof due to the Association shall bear interest at the rate of ten percent
(10%) per annum or the maximum rate permitted by law, whichever is less, until such delinquent
assessment or installment thereof, and all interest due thereon, has been paid in full to the
Association All monies owing to the Association shall be due and payable at the office of the
Association In any case where an assessment is payable in installments, upon a default by an
Owner in the timely payment of any such installment, the maturity of the remaining total of the
unpaid installments of such assessment may be accelerated, at the option of the Board, and the
entire outstanding balance of the Assessment, including such delinquent installment, may be
declared due and payable in full immediately by written notice to such effect upon the defaulting
Owner
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Section 23 9 Liability for Assessments The Owner or Owners of each Condominium
Unit shall be personally liable, jointly and severally, to the Association for the payment of all
assessments, regular or special, which may be levied by the Association against such
Condominium Unit while such party or parties are Owner or Owners of a Condominium Unit In
the event that any Unit Owner or Owners are in default in payment of any assessment or
installment thereof owed to the Association, such Unit Owner or Owners personally shall be
liable, jointly and severally, for interest on such delinquent assessment or installment thereof as
above provided, and for all costs of collecting such assessment or installment thereof and interest
thereon, including a reasonable attorneys' fee, whether suit be brought or not
No Owner of a Condominium Unit may exempt himself from liability for any assessment
levied against him or his Condomrmmm Unit by waiver of the use of enjoyment of any of the
Common Elements, or by abandonment of the Condominium Unit or in any other way
Section 23 10 Lien for Assessments Recognizing that proper operation and
management of the Condominium requires the continuing payment of costs and expenses
therefor, and that such proper operation and maintenance results in benefit to all of the Owners
of Condominium Units, and that the payment of such Common Expenses represented by the
assessments levied and collected by the Association is necessary in order to preserve and protect
the investment of each Unit Owner, the Association is hereby granted the right to place a lien
upon each Condominium Unit, and any Limited Common Elements assigned to such Unit, and
its appurtenant undivided interest in the Common Elements for nonpayment of any assessment
levied against a Unit remaining unpaid for thirty (30) days or longer, which lien also shall secure
interest, if any, which may be due on the amount of any delinquent assessments owing to the
Association, and which lien also shall secure all costs and expenses, including reasonable
attorneys' fees, which may be incurred by the Association in enforcing the hen provided for
herein Subject to N C Gen Stat §47C-3-116, as amended, the lien granted to the Association
may be foreclosed in the same manner as real estate mortgages and deeds of trust may be
foreclosed under power of sale in the State of North Carolina The Association shall be entitled
to bid at any foreclosure sale and may apply as cash credit against its bid all sums due as
provided herein The hen granted to the Association shall further secure such advances for taxes,
and payments on account of superior mortgages, hens or encumbrances which may be required
to be advanced by the Association in order to preserve and protect its lien, and the Association
shall further be entitled to interest at the maximum Tate permitted by law on any such advances
made for such purpose All persons, firms or corporations who shall acquire, by whatever
means, any interest in the ownership of any Condominium Unit, or who may be given or may
acquire a mortgage, hen or other encumbrance thereon, are hereby placed on notice of the lien
rights granted to the Association, and shall acquire such interest in any Condominium Unit
expressly subject to such lien rights
The lien herein granted unto the Association shall be enforceable from and after the time
of recording a claim of lien in the office of the Clerk of Superior Court of Pender County, North
Carolina, which claim shall state the description of the Condominium Unit encumbered thereby,
the name of the record owner, the amount due, the date when due and shall comply with any
other requirements under N C Gen Stat § 47C-3-116, as amended The claim of lien shall be
recordable at any time after default and the lien shall continue in effect until all sums secured by
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said lien as herein provided shall have been fully paid, but shall be extinguished unless a
proceeding to enforce the lien is instituted within three (3) years after the docketing thereof
Such claims of lien shall include only assessments which are due and payable when the claim of
lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior
encumbrances and interest thereon, all as above provided and all fees, charges, late charges, fines
and interest as set forth in N C Gen Stat § 47C-3-116, as amended Such claims of lien shall be
signed and verified by an officer or agent of the Association Upon full payment of all sums
secured by such claim of hen, the same shall be satisfied of record
The lien provided for herein shall be prior to all liens and encumbrances on a Unit except
(i) hens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust
on the Unit) recorded before the docketing of the lien in the office of the clerk of superior court,
and (u) hens for real estate taxes and other governmental assessments or charges against the
Unit This subsection does not affect the priority of mechanics' or matenalmen's liens
If the holder of a first mortgage or first deed of trust of record, or other purchaser of the
Unit, obtains title to the Unit as a result of foreclosure or deed in lieu of foreclosure of a first
mortgage or first deed of trust, such purchaser, and its heirs, successors and assigns, shall not be
liable for the assessments against such Unit which became due prior to acquisition of title to such
Unit by such purchaser Such unpaid assessments shall be deemed to be Common Expenses
collectible from all of the Unit Owners including such purchaser, and its heirs, successors and
assigns although nothing herein contained shall be construed as releasing the party liable for such
delinquent assessment from the payment thereof or the enforcement of collection of such
payment by means other than foreclosure
Section 23 11 Statement of Assessment Status Whenever any Condominium Umt may
be leased, sold or mortgaged by the Owner thereof, the Association, upon written request of the
Unit Owner, shall furnish to the proposed lessee, purchaser or mortgagee, a statement verifying
the status of payment of any assessment which shall be due and payable to the Association for
such Unit Such statement shall be executed by any officer of the Association, and any lessee,
purchaser or mortgagee may rely upon such statement in concluding the proposed lease,
purchase or mortgage transaction, and the Association shall be bound by such statement
Section 23 12 Election of Collection Remedies Institution of a suit at law to attempt to
effect collection of the payment of any delinquent assessment shall not be deemed to be an
election by the Association which shall prevent it from thereafter seeking, by foreclosure action,
enforcement of the collection of any sums remaining owing to it, nor shall proceeding by
foreclosure to attempt such collection be deemed to be an electron precluding the institution of a
suit at law to collect any sum then remaining owing to the Association
Section 23 13 Initial Contribution to Working Capital Fund Upon the sale and closing
of the purchase of each Unit by the Declarant to a Person other than Declarant, the purchaser of
each Unit shall pay a non-refundable contribution to the working capital of the Association in an
amount equal to two (2) monthly installments of the annual Common Expense liability to be
assessed against such Unit for the first year of operation of the Condominium The contribution
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to working capital may be utilized to reimburse the Declarant the costs of premiums for
insurance purchased by the Declarant for the benefit of the Condominium and the Association
ARTICLE 24
COMPLIANCE AND ENFORCEMENT
Section 24 1 General Remedies Every Owner and any occupant of any Unit shall
comply with the Association Documents and the Act Failure to comply shall be grounds for an
action by the Association to recover sums due, for damages, injunctive relief or any other
remedy available at law and equity or under the Act
Section 24 2 Enforcement/Sanctions The Board or such other Association agent with
the Board's approval, may impose sanctions for violations of Association Documents after notice
and a heating in accordance with the procedures set forth in the Declaration Such sanctions may
include, without limitation
(a) Imposing reasonable monetary fines which shall constitute a lien upon the
Unit of the violator,
(b) Suspending an Owner's right to vote,
(c) Suspending any Person's right to use any facilities with the Common
Elements, and
(d) Suspending any services provided by the Association to an Owner or the
Owner's Unit, including, but not limited to, suspension of forklift service, if the Owner is more
than thirty (30) days delinquent in paying any assessment or other charge owed to the
Association
Section 24 3 Self -Help Remedies In addition to other tights set forth in the
Association Documents and the Act, upon violation or breach of any provision of the
Association Documents, the Board shall have the right (i) to enter a Unit or Limited Common
Element appurtenant thereto, on which or as to which such violation or breach exists and
summarily to abate and remove, at the expense of the defaulting Owner, any structure, thing or
condition that may exist therein contrary to the intent and meaning of the provisions of the
Association Documents, and the Board shall not thereby be deemed guilty in any manner of
trespassed, (n) to use self-help to remove or cure any violation of the Association Documents
(including, without limitation, the towing of vehicles), or (m) to enjoin, abate or remedy by
appropriate legal proceedings, either at law or in equity, the continuance of any such breach,
provided, however, that before any construction or improvements may be altered or demolished,
except in emergencies, judicial proceedings shall be instituted by the Association against such
defaulting Owner or its tenant
Section 24 4 Cumulative Remedies/Attomevs' Fees The Association shall have all
powers and remedies under the Act and the Association Documents which shall be cumulative of
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any remedies available at law or in equity In any action to enforce the provisions of the
Association Documents, if the Association prevails, it shall be entitled to recover all costs,
including, without limitation, attorneys' fees and court costs, reasonably incurred in such action
Section 24 5 Association's Right Not to Take Action The Association shall not be
obligated to pursue enforcement action in any particular case, such decisions to be within the
discretion of the Board, except that the Board shall not be arbitrary or capricious in taking
enforcement action Without limiting the generality of the foregoing, the Board may determine
that, under the circumstances of it particular case (i) the Association's position is not strong
enough to justify taking any or further action, (u) the covenant, restriction or rule being enforced
is, or is likely to be construed as, inconsistent with applicable law, (in) although a technical
violation may exist or may have occurred, it is not of such a material nature as to be
objectionable to a reasonable person or justify expending Association funds, or (iv) it is not in
the best interest of the Association, based upon hardship, expense or other reasonable criteria, to
pursue enforcement action
Such a decision shall not be construed a waiver of the right of the Association to enforce
such covenant, restriction, rule or provision at a later time under other circumstances or preclude
the Association from enforcing any other covenant, restriction, rule or provision, nor shall it
preclude any Owner from taking action at law or in equity to enforce the Association
Documents
Section 24 6 Enforcement by Owner Nothing set forth in this Article 24 shall prevent
any aggrieved Owner from instituting any available remedy in law or in equity for a violation of
the Association Documents
ARTICLE 25
COMMON SURPLUS
"Common Surplus," meaning all funds and other assets of the Association remaining
after the payment of or the provision for Common Expenses, including reserves, shall be owned
by the Owners of all Condominium Units in the same proportion as their Common Expense
liabilities Except for distribution of any insurance indemnity herein provided, or upon
termination of the Condominium, any attribution or distribution of Common Surplus which may
be made from time to time shall be made to the then Owners of Condominium Units in
accordance with their percentage interest in Common Surplus as declared herein All Common
Surplus remaining after payment of or provision for Common Expenses, including prepayment
of reserves, must be paid to the Unit Owners in proportion to their Common Expense liabilities
or credited to them to reduce their future Common Expense liabilities
ARTICLE 26
The Condominium may be terminated only in strict compliance with N C Gen Stat §
47C-2-118
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ARTICLE 27
AMENDMENT OF DECLARATION OF CONDOMINIUM
This Declaration may be amended as follows
Section 27 1 Amendments Proposed by Association An amendment or amendments to
this Declaration may be proposed by the Board of Directors of the Association acting upon a
vote of a majority of the Directors, or by the members of the Association owning a majority of
the Condominium Units, whether meeting as members or by instrument in writing signed by
them Upon any amendment or amendments to this Declaration being proposed by said Board of
Directors or members, such proposed amendment or amendments shall be transmitted to the
President of the Association, or other officer of the Association in the absence of the President,
who shall thereupon call a Special Meeting of the members of the Association for a date not later
than sixty (60) days from receipt by him of the proposed amendment or amendments It shall be
the duty of the Secretary to give to each member written or printed notice of such Special
Meeting, stating the time and place thereof, and reciting the proposed amendment or
amendments in reasonably detailed fort, which notice shall be mailed not less than fourteen (14)
days nor more than thirty (30) days before the date set for such Special Meeting If mailed, such
notice shall be deemed to be properly given when deposited in the United States Mail addressed
to the member at his Post Office address as it appears on the records of the Association, the
postage thereon prepaid Any member may, by written waiver of notice signed by such member,
waive such notice, and such waiver, when filed in the records of the Association, whether before
or after the holding of the Meeting, shall be deemed equivalent to the giving of notice to such
member At the meeting, the amendment or amendments proposed must be approved by an
affirmative vote of at least sixty-seven percent (67%) of the votes in the Association which are
allocated to Unit Owners in the Condominium in order for such amendment or amendments of
this Declaration to be adopted Any such amendment or amendments as adopted shall be
transcribed and certified by the President and Secretary of the Association as having been duly
adopted The original or an executed copy of such amendment or amendments, so certified and
executed with the same formalities as a deed, shall be recorded in the Register of Deeds Office of
Pender County, North Carolina, such amendment or amendments to specifically refer to the
recording data identifying this Declaration Thereafter, a copy of said amendment or
amendments in the form in which the same were placed of record by the officers of the
Association shall be delivered to the Owners of all Condominium Units, but delivery of a copy
thereof shall not be a condition precedent to the effectiveness of such amendment or
amendments At any meeting held to consider such amendment or amendments, the written vote
of any member of the Association shall be recognized if such member is not in attendance at
such meeting or represented thereat by proxy, provided such written vote is delivered to the
Secretary of the Association prior to such meeting or at such meeting
As an alternative to holding a meeting of the members to consider an amendment of this
Declaration, a written agreement may be circulated among the members To be effective, the
written agreement must be executed by Unit Owners of Units to which at least sixty-seven
percent (67%) of the votes of the Association are allocated Once approved, the amendment or
31

BX3279PG 154
amendments shall be transcribed, certified, executed, recorded and a copy sent to all Owners as
specified above
Section 27 2 Amendments by Declarant A Declarant may amend the Declaration as
set forth herein and in the Act out the consent of any other Person or the Association to
exercise Development Rights
Section 27 3 Amendments Requiring Declarant Consent During the Development
Period, this Declaration may not be amended without the prior written consent of the Declarant
Except to the extent expressly permitted by the Act or other provisions of this Declaration (m
compliance with the Act), no amendment may create or increase special Declarant Rights, create
or increase Development Rights, increase the number of Units, change the boundaries of any
Unit, change the allocated interest of any Unit or change the uses to which any Umt is restricted
in the absence of unanimous consent of the Unit Owners
ARTICLE 28
SPECIAL DECLARANT RIGHTS AND DEVELOPMENT
RIGHTS RESERVED UNTO DECLARANT
In addition to each and every right of Declarant as set forth in this Declaration, Declarant,
its successors and assigns, specifically reserves all Special Declarant Rights and Development
Rights hereinatter set forth
Section 28 1 Special Declarant Rights Reserved by Declarant
(a) All Special Declarant Rights, as that tern[ is defined in the Act, and any
other Special Declarant Rights as are set forth in the Act and the Association Documents
(b) The right to use any portion or all of the Common Elements for the
purpose of aiding in the sale or rental of Units The foregoing right shall include the right to
display and erect any signs, billboards, and placards and to store, keep and exhibit same and to
distribute audio and visual promotional materials upon the Common Elements
(c) The right to maintain sales offices, management offices and models in any
and/or all of the Units owned or leased by Declarant Any Units leased or owned by Declarant
may be used by Declarant for such purposes, and such offices and models may be relocated as
Units are sold or leases expire
(d) The right to use easements through the Common Elements for utility
services, drainage and vehicular and pedestrian traffic, or otherwise, across, under or through the
Common Elements as may be considered by Declarant desirable for the purpose of making
improvements within the Condominium
(e) The right to exercise any Development Rights
32

BK3279PG 155
(f) The right to perform construction work, and to store materials in secure
areas, in Units, and in Common Elements, and the further right to control all such work and
repairs, and the right of access thereto, until its completion All work may be performed by
Declarant without the consent or approval of the Board Declarant has such an easement through
the Common Elements as may be reasonably necessary for the purpose of discharging
Declarant's obligations or exercising Declarant's Development Rights and Special Declarant
Rights, whether ansing under the Act or reserved in this Declaration Such easement includes
the right to convey utility and drainage easements to public utilities, municipalities, and other
entities to fulfill the plan of development
(g) The right to appoint, remove and replace the officers and members of the
Board
Section 28 2 Development Rights Reserved by Declarant
(a) All Development Rights as the same are defined in this Declaration and in
the Act, including all Development Rights to all Development Property
(b) The rights to add real estate to the Condominium, create Units, Common
Elements and Limited Common Elements within the existing Condominium or to be added to the
Condominium, but not to exceed a total of Five Hundred Twenty (520) Units, subdivide Units,
convert Units into the Common Elements, and, withdraw property, Units and Common Elements
from the Condominium The Development Right reserved to add Units shall not restrict the
Declarant to the construction of buildings or Units of the same size and style as the existing
buildings and Units in the Condominium
(c) The Development Rights reserved by Declarant must be exercised within
the Development Period
(d) The exercise of any or all of the Development Rights reserved by
Declarant ghall be pursuant to, and subject to the provisions of, the Act
Section 28 3 Phasing of Development Rights
(a) Declarant reserves the right to exercise any of the Development Rights
with respect to the areas or any portions of the Development Property at different times No
assurances are made by Declarant regarding the areas of any portion of the areas as to the
portions where the Declarant will exercise its Development Rights or the order in which such
portions will be developed No assurances are made by Declarant regarding whether all or any
portion of the Development Property will be developed The exercise of any Development Right
as to some portions of the Development Property will not obligate the Declarant to exercise any
of the Development Rights m to portions but not all of the Development Properly
(b) Declarant reserves the right to exercise any of the Development Rights
with respect to the Units owned by the Declarant at different times No assurances are made by
Declarant regarding the Units owned by Declarant as to when the Declarant may exercise its
33

SK3279PG 156
Development Rights or in what order No assurances are made by Declarant regarding whether
or not all the Units Declarant reserves the right to create will be created The exercise of any
Development Right as to some of the Units owned by Declarant will not obligate Declarant to
exercise any of Declarant's Development Rights as to other Units owned by Declarant
Section 28 4 Limitation on Special Declarant Rights The Special Declarant Rights
reserved by Declarant shall terminate no later than the expiration of the Development Period
Section 28 5 Declarant's Personal Property Declarant reserves the tight to retain all
personal property and equipment used in the sales, management, construction, and maintenance
of the improvements within the Condominium that has not been represented as property of the
Association Declarant reserves the right to remove from the Property any and all goods and
improvements used in development, marketing, and construction, regardless of whether they
have become fixtures
Section 28 6 Interference with Special Declaration Rights
(a) Neither the Association nor any Unit Owner may take any action or adopt
any rule that will interfere with or diminish any Special Declarant Right without the prior written
consent of Declarant
(b) In relation to Declarant's exercise of any Special Declarant Right, the
provisions of the Declaration which prohibit or require approval of construction of or additions
or alterations to any improvements shall not be applicable
Section 28 7 Assignment of Declarant's Rights and Duties Any and/or all of the nghts,
powers and reservations of Declarant herein contained may be assigned by Declarant to any
Person which will assume any and/or all of the duties of Declarant hereunder, and upon any such
person, corporation or association's evidencing its consent in writing to accept such assignment,
said assignee shall, to the extent of such assignment, assume Declarant's duties hereunder, have
the same rights and powers and be subject to the same obligations and duties as are given to and
assumed by Declarant herein Upon such assignment, and to the extent thereof, Declarant shall
be relieved from all liabilities, obligations, and duties hereunder Declarant may limn and
restrict the rights and powers which are assigned to any person, corporation, or association in the
instrument which assigns such rights The term "Declarant" as used herein includes all such
assignees and their successors and assigns, subject to such restrictions or limitations as may be
imposed in the instrument assigning such rights
ARTICLE 29
CONFLICT WITH CONDOMINIUM ACT, SEVERABILITY
Should any of the terms, conditions, provisions, paragraphs or clauses of this Declaration
conflict with any provisions of the Condominium Act, the provisions of the Condominium Act
shall control unless the Condominium Act permits the Declaration to override the Condominium
Act, in which event the Declaration shall control In the event that any of the terms, provisions
34

SK3279PG 157
or covenants of this Declaration are held to be partially or wholly invalid or unenforceable for
any reason whatsoever any of the other terms, provisions or covenants hereof or the remaining
portions of any terms, provisions or covenants held to be partially invalid or unenforceable
ARTICLE 30
LIBERAL CONSTRUCTION
The provisions of this Declaration shall be liberally construed to effectuate its purpose of
creating a uniform plan of condominium ownership Throughout this Declaration wherever
appropriate the singular shall include the plural and the masculine gender shall include the
feminine or neuter The Article headings are for convenience of reference only and shall not be
considered terms of this Declaration
ARTICLE 31
DECLARATION BINDING ON ASSIGNS AND SUBSEOUENT OWNERS
The restrictions and burdens imposed by the covenants of this Declaration are intended to
and shall constitute covenants running with the land, and shall constitute an equitable servitude
upon each Condominium Unit and its appurtenant undivided interest in the Common Elements,
and this Declaration shall be binding upon Declarant, its successors and assigns, and upon all
parties who subsequently may become Owners of Condominium Units in the Condominium, and
their respective heirs, legal representatives, successors and assigns
The Association shall have current copies of the Association Documents, and the books,
records and financial statements available for inspection by Unit Owners and by holders, insurers
and guarantors of mortgages during normal business hours at the office of the Association
ARTICLE 32
CONDEMNATION
In the event of a taking by eminent domain, or by a conveyance in lieu thereof, of all or
any part of the Property, the same shall be repaired or restored, and/or the awards paid on
account thereof shall be used and applied in accordance with N C Gen Stat § 47C-1-107
ARTICLE 33
TAXFS
Pursuant to the provisions of N C Gen Star § 47C-1-105, each Unit and its appurtenant
undivided interest in the Common Elements shall be deemed to be a parcel and shall be
separately assessed and taxed by each assessing unit and special district for all types of taxes
authorized by law, including but not limited to special ad valorem levies and special assessments
Each Unit Owner shall be liable solely for the amount of taxes against his individual Unit and
35

SK3279PG 158
shall not be affected by the consequences resulting from the tax delinquency of other Unit
Owners Neither any building, the Property, nor any of the Common Elements shall be deemed
to be a parcel Provided, however, pursuant to the provisions of N C Gen Star § 47C-1-105,
any areas in which Declarant has Development Rights shall be separately taxed and assessed
against Declarant until Declarant exercises Declarant's Development Rights therein or
Declarant's Development Rights expire, terminate or are released by Declarant
ARTICLE 34
LITIGATION
Except as provided below, no judicial or administrative proceeding shall be commenced
or prosecuted by the Association unless approved by a vote of 67% of the Members and the
consent of Declarant during the Development Period This Section shall not apply, however, to
(i) actions brought by the Association to enforce the provisions of the Association Documents
(including, without limitation, the foreclosure of hens), (u) the imposition and collection of
assessments as provided in Article 9, (in) proceedings involving challenges to ad valorem
taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it
This Section shall not be amended unless such amendment is approved by the percentage of
votes, and pursuant to the same procedures, necessary to institute proceedings as provided above
No judicial, quasi-judicial, administrative or governmental proceeding shall be
commenced or prosecuted by the Association against or involving Declarant unless approved by
a vote of seventy-five percent (75%) of the Members
IN TESTIMONY WHEREOF, Declarant has caused this instrument to be executed under
seal and in such form as to be binding, all by authority duly given, this the day and year first
above written
SURF CITY E E C
By (SEAL)
✓i President
36

STATE OF NORTH CAROLA
COUNTY OF W LI�IC!
SK3279PG159
I. I-efft A ffirftr a Notary Public in and for said
County and State, do hereby certify that Lio before me this
day personally appeared, who bemg by me first duly swom, says that he is the Vice President of
SURF CITY INVESTMENTS, INC, the Corporation described in and which executed the
foregoing instrument, that he executed said instrument m the Corporation name by subscribing
his/her name thereto, and that the instrument is the act and deed of said Corporation
Date Ol Ifo 01 ���q
Mary Public
[ME]
ER NC,a111
STATE OF NORTH CAROLINA
COUNTY OFPENDER
The fore]
presented for re,
Deeds of Pender
certificate of Notary
j,on this day and hoi
My commission expires 05 17 11
tfie to be correct ThRs cert'u and fficedulyesew
Book
This _ day of �2007 at
Register of Deeds
37

BK3279PG 160
EXHIBIT A
(Legal Description — Initial Condominium Property)
That certain tract or parcel of land lying and being situate in the
Town of Surf City, Pender County, North Carolina, shown and
designated as TRACT 3 on that certain map or plat entitled
"SUBDIVISION OF BEACH HOUSE MARINA, LLC," prepared
by Michael Underwood and Associates, P A, and recorded in Map
Book 45, at Page 001, on Slide 604, in the office of the Register of
Deeds of Pender County, North Carolina, the description of said
TRACT as designated on the identified map being incorporated
herein by reference
The above tract is conveyed together with all riparian rights and
appurtenant easements
38

BK3279PG 1 61
EXHIBIT B
F r survey and plat and plans, see Map Book � Pages � through
Slide A6in the office of the Register of Deeds of Pender County
39

BK3279PG 162
EXHIBIT C
DEVELOPMENT PROPERTY
LEGAL DESCRIPTION
That certain tract or parcel of land lying and being situate in the
Town of Surf City, Pender County, North Carolina, shown and
designated as DEVELOPMENT PROPERTY (TRACT 2 4 83
acres +/-) on that certain map or plat entitled "BEACH HOUSE
YACHT CLUB (A CONDOMINIUM)" prepared by Michael
Underwood and Associates, P A, and recorded in Map Book Cj��
at Page, on Slide -6M, in the office of the Register of Deeds
of Pender County, North Carolina, the description of said TRACT
as designated on the identified map being incorporated herein by
reference
Those certain tracts or parcels of land lying and being situate in the
Town of Surf City, Pendcr County, North Carolina, shown and
designated as WITHDRAWABLE LAND RESERVED FOR
FUTURE DEVELOPMENT (1 09 acres +/-) on that certain map or
plat entitled "BEACH HOUSE YACHT CLUB (A
CONDOMINIUM)" prepared by Michael Underwood and
Associates, P A, and recorded in Map Book -1K:, at Page,
on Slide L-Q1 in the office of the Register of Deeds of Fender
County, North Carolina, the description of said TRACT as
designated on the identified map being incorporated herein by
reference
40

OX3279PG 163
EXHIBIT D
Allocated Interests
Cat I
TOTALS
Units within Category
192
192
Undivided Interest in Common
Elements Appurtenant to each Unit
1/I92
100%
Portion of Common Expenses allocated
to each Unit
1/192
100%
Votes allocated to each Unit
1
192
Category I
Category I includes Units as labeled on the plat and plans, see Map Book �, Pages
through -&L Slide h OR in the office of the Register of Deeds of Pender County
The formula for the proportionate share of the undivided interest in the Common Elements is that
the Owner of each Unit shall have an equal share in the Common Elements
41

B1f3279PG 164
EXHIBIT E
INITIAL USE RESTRICTIONS
1 Nuisances No unmoral, improper, offensive or unlawful use shall be made of any
Condominium Unit or of the Common Elements, nor any part thereof, and all laws, zoning
ordinances and regulations of all governmental authorities having jurisdiction of the
Condominium shall be observed No Owner of any Condominium Unit shall permit or suffer
anything to be done or kept in his Condominium Unit, or on the Common Elements, which will
increase the rate of insurance on the Condominium, or which will obstruct or interfere with the
rights of other occupants of the Condominium or annoy them by unreasonable noises, nor shall
any Owner undertake any use or practice which shall create and constitute a nuisance to any
other Owner of a Condominium Unit, or which interferes with the peaceful possession and
proper use of any other Condominium Unit or the Common Elements
2 Leasing Nothing contained herein shall prohibit the leasing or renting of a Unit,
provided, however, that
(a) No Unit shall be leased or rented for a period of less than six (6) consecutive
calendar months without the prior written consent of the Association
(b) All leases for any Unit shall be in writing signed by the Owner and the tenant
(c) All leases and licenses shall be prepared and executed on the fonts, and contain
such provisions, as approved by the Board, including provisions (i) requiring the tenant to
comply with the Association Documents, (it) providing that the failure of any tenant under a
lease to comply with the Association Documents shall constitute an event of default under the
lease, and (in) providing that the Association may exercise any and all remedies for a default
under the Association Documents against the Owner and the tenant under the lease including,
without limitation, the right to remove a tenant from possession of a Unit by judicial process or
otherwise
(d) A true executed copy of any lease for a Unit shall be provided to the Association
prior to the occupancy by the tenant of such Unit For purposes of this Declaration, 'leasing" is
defined as regular exclusive occupancy of a Unit by any Person other than the Owner, for which
the Owner receives any consideration or benefit including, but not limited to, a fee, service,
gratuity, or emolument The Board may adopt reasonable additional restrictions and rules
regulating leasing and subleasing of Units
(c) Notwithstanding the above, the Declarant retains the right to lease any Unit it
owns for a period of less than six (6) consecutive calendar months
3 Timesharing Prohibition No Unit may be used for, nor shall any Owner permit the use
of a Unil for, a timesharing, fraction sharing or similar program whereby the right to exclusive
42

SK3279PG 165
right of the Unit rotates among participants in the program on a fixed or floating time schedule
over a period of years
4 Pets The Association may adopt reasonable rules regarding household pets designed to
minimize damages to the Property and disturbances to other Owners and occupants, including
rules requiring waste removal, lease controls, and noise controls Nothing in this provision shall
prevent the Association from prohibition from the Property of any animal that presents an actual
threat to the health or safety of Owners or from requiring abatement of any nuisance or
unreasonable source of annoyance
Restneted Activities The following activities are prohibited within the Condominium
(a) Any activity which violates local, state or federal laws or regulations, and
(b) Boat maintenance other than in any designated areas or with the prior written
consent of the Board
6 Personal Property in Common Elements Without the prior written consent of the Board,
no structure or personal property shall be placed or permitted to remain on any portion of the
Common Elements, including Limited Common Elements
7 Allowable Boat Size Without the prior written consent of the Board, no boat or other
personal property shall protrude outside the actual usable space within each Condominium Unit
or exceed the maximum allowable weight as shown on the following Chart
MAX
MAX
MAX
MIN CLEARANCE 7OP
BOAT
BOAT
BOAT
OF BOAT TO CEILING
WIDTH (fl,
LENGTH (n,
WEIGHT
UNIT BOUNDARY
SLIP 0
In)
In)
Obs)(inches)
BUILDING "A"
STRUCTURAL
VERTICAL
SPACING
CLEARANCE
feet)
All
9' 6"
28' 0"
15 000
6"
,
Al2
V 6"
28' 0"
15 000
6"
'
A13
9'6"
28'0"
150W
6'
'
A21
9' 6"
28' 0"
8 000
6"
'
A22
916.
28' 0"
8 000
6°
'
A23
9' a
28' 0"
8 000
6"
3'
A31
9' 6"
28' 0"
8 000
6"
'
A32
9' 6"
28' 0"
8 000
6"
'
$24
A33
9' 6"
28' 0"
8,OlX1
6"
3'
A41
9' 6"
28' 0"
4000
6"
A42
9' 6"
28' 0"
4 000
6"
,
A43
9.6.
28' 0"
4 000
6"
'
B 1 t
V 6"
28' 0"
15 000
6"
'
B 12
9' 6"
28' 0"
15 000
6"
'
43

BK3279PG 166
B 13
9' 6'
28' 0"
15,000
6"
B21
9' 6"
28'0"
8 0M
U.
B22
9' 6"
28' 0"
8 003
6"
B23
910
28'0"
8 000
6"
B31
9' 6"
28' 0"
8 000
6"
B32
9' 6"
28'0"
8 000
6"
B33
9' 6'
28'0"
8 000
6"
B41
9' 6"
28' 0"
4 000
6"
B42
9' 6"
28'0"
4,000
6"
B43
1 9' 6" 1
28' D"
4 000
6-
CH
9' 6"
28' Cr
15 000
1 6"
C 12
9' 6"
28'0'
15 ODO
6"
C 13
9' 6'
28' 0"
15 000
6'
C21
9' 6"
28' 0"
6 000
6"
C22
9' 6"
28'0"
81000
6'
C23
96"
28'0"
8000
6"
C31
9' 6"
28'0"
8 000
6"
C32
9' 6"
28'0'
8 000
6"
C33
9' 6"
28'0"
81000
6"
C41
9' 6,
28'0"
1 4 000
6"
C42
9' 6"
28'0"
4 D00
6"
C43
9' 6"
28' 0"
4 000
6"
Dl1
916"
28'0"
15 ODO
6"
D12
9' 6"
28'0"
15 000
6"
D13
916"
2w(Y'
15 ODD
6"
D21
9161.
28' 0"
8 000
6"
D22
9'6"
28'0"
8000
6"
D23
9' 6"
28'0"
8 000
6"
D31
9' 6'
28'0'
1 8 000
6"
D32
9' 6"
28'0'
8 000
6"
D33
9' 6"
28'0"
8 000
6"
D41
9' 6'
28'0"
4 000
6"
D42
9' 6"
28'0"
4 000
6"
D43
9' 6"
28' 0"
4 000
6"
Ell
9' 6"
28'0"
15 000
6"
E12
9'6"
28'0"
16000
6"
E 13
9' 6"
28' 0"
15 000
6"
E21
9' 6"
28' D"
8 DDO
6"
E22
9' 6"
28' 0"
8 000
6"
E23
9' 6"
28'0"
8 000
6"
E31
9' 6"
28'0"
8 000
6"
E32
9' 6"
28'0"
8 000
6"
E33
9.61
28'0"
8 000
6"
E41
9' 6"
28' 0"
4 000
6"
E42
9' 6"
28' 0"
4 000
6"
E43
9-6-
1 28' 0'
4 000
6"
44

BK3279PG 167
Fl I
9' 6"
28' 0"
15 000
6"
F12
9' 6"
28' 0"
15 000
6"
F13
9' 6'
28' 0"
15 000
6"
F21
9' 6"
28' 0"
8 ODD
6"
F22
9' 6"
28' 0"
8 000
6"
F23
916,
28' 0"
81000
6"
F31
9' 6"
28' 0"
8 000
6"
F32
9' 6"
28' 0"
8 000
6"
F33
9' 6"
28' 0"
8 000
6"
F41 1
9' 6' 1
2B' 0"
4 000
6"
F42
9' 6"
28' 0"
4 000
6"
F43
9.61
28' 0"
4 000
6-
Gil
916,
26 0"
151000
6"
G12
916.
28' 0"
15 000
6"
G13
9' 6"
28' 0"
15 000
6"
G21
916.
28' 0'
8,000
6"
G22
9' 6"
28' 0"
8 000
6"
023
9' 6"
28' 0"
BOW
6"
G31
9' 6"
28' 0"
8 000
6"
G32
9' 6"
28' 0'
1 8,000
6"
G33
9' 6"
28' 0"
8 000
1 6"
G41
9' 6"
28' 0'
4 000
6"
G42
9' 6"
28' 0"
4,000
6"
G43
9' 6"
28' 0"
4 000
6"
HI I
9' 6"
28' 0"
15 000
6"
H12
9' 6'
28' 0"
15 000
6"
H13
916,
28' 0"
15 000
6"
H21
1 9' 6'
28' 0"
8 000
6'
H22
916,
28' 0"
8 000
6"
H23
9' 6'
28' 0"
8 000
6"
H31
916,
28' 0"
8 00D
6'
E32
9' 6"
28' 0"
8 000
6"
H33
9' 6'
28' 0"
8 000
6'
H41
9' 6"
28' 0"
4 000
6"
H42
9' 6'
28' 0"
4 000
6"
H43
9' 6"
28' 0"
4 000
6"
81111 DING "8"
111
9' 6"
36 0"
20 000
6"
13 10'
112
9' 6"
35' 0"
20 000
6"
13 10'
113
9' 6"
35' G'
20 000
6"
13 10'
121
9' 6"
35' 0"
10 000
6"
12 23'
122
916,
36 0"
IDWO
6"
12 23'
I23
916,
3510..
10 000
6'
12 23'
I31
9' 6"
36 0"
8 000
6"
897,
132
9' 6"
35' 0"
8 000
6"
8 97'
45

BK327
133 9' 6" 35' 0" 8 000 6"
141
9' 6"
35' 0"
8 000
6"
9'6"
35'0'
8000
6"
9'6"
35'0"
8000
6'
9'6"
35, 0"
20000
6"
9'6"
35, 0"
20000
6"
P142
9' 6"
35' 0"
20 000
6'
9' 6"
35'0"
10000
6"
9'6"
35' 0"
10000
6"
9'6'
35'0"
10000
6"
9' 6"
35' 0"
8 000
6"
J32
916,
35' 0"
8 000
6"
J33
1 9' 6" 1
35' 0"
8,000
6"
J41
9' 6"
35' 0"
@000
I 6"
J42
9' 6"
35' 0"
8 000
6"
J43
9' 6"
35' 0"
8 000
6"
KI 1
9' 6"
35' 0"
20 000
6"
K12
916,
36, 0"
20 000
6"
K13
9' 6"
35' 0"
20 000
6"
K21
9' 6"
35' 0"
10 000
6"
K22
9' 6"
35, 0"
10 000
6"
K23
9' 6"
35' 0"
10 000
6"
K31
9' 6"
35' 0"
8 000
6"
K32
9 6"
35, 0"
8 000
6"
K33
9' 6"
3510,
8 000
6"
K41
1 9' 6"
1 35' 0"
8 000
6"
K42
9' 6"
3510,
8 000
6"
K43
9' 6"
3510,
8 000
6"
Lit
9' 6'
35' 0"
20 000
6"
L12
9'6"
35-0"
20,000
6"
L13
9' 6'
35' 0"
20000
6"
L21
9.61
35' 0"
10 000
6'
L22
9' 6"
35' 0"
10 000
6'
L23
9' 6"
35' 0"
10 000
6"
L31
1 9' 6"
1 35' 0"
8 000
6"
L32
9' 6"
35' 0"
8 000
6"
L33
9' 6"
35' 0"
8 000
6"
L4l
9' 6"
367
8 000
6"
L42
9' 6"
35' 0"
8 000
6"
L43
9' 6"
36, 0"
8 000
6"
Mil
9' 6"
35, 0"
20,000
6"
M12
9' 6"
35' 0"
20,000
6"
M13
9' 6"
35' 0"
20 000
6"
M21
9' 6"
35, 0"
10 000
6"
M22
9' 6"
35, 0"
10 000
6"
M23
9' 6"
35, 0"
10 000
6"
46

BK3279PG 169
M31
9' 6"
35' 0'
8 000
6"
M32
9' 6'
35, 0"
8 000
6'
M33
9' 6"
35' 0"
6 000
6"
M41
9` 6'
35' 0"
8 000
6'
M42
9' 6"
36 0"
8 000
6"
M43
9' 6"
35' 0'
8 000
6"
NI 1
9' 6"
35' 0'
20 000
6"
N 12
9' 6"
35' 0"
20 000
6"
N13
9' 6"
35' 0"
20000
6"
N21
9' 6"
35' 0"
10 000
6"
N22
9' 6'
35' 0"
10 000
6'
N23
9 6"
35' 0"
10 000
6"
N31
916,
3510,
8 000
6'
N32
9' 6"
35' 0"
8 000
6"
N33
9' 6"
35' 0"
8 000
6"
N41
916,
35' 0"
8,000
6"
N42
9' 6"
35' 0"
8 000
6"
N43
9' 6"
35' 0"
8 000
6"
Oil
9' 6"
35' 0" 1
20 000
6"
012
9' 6'
35, 0"
20 000
6"
013
9' 6"
35' 0"
20 ODD
6"
021
9' 6"
35' 0"
10 000
6"
022
9' 6"
35' 0"
loom
6
023
9' 6"
35' 0'
10 000
6"
031
916,
35' 0"
8 ODD
6"
032
9' 6"
3510,
8 000
6'
033
9' 6"
35' 0'
8 000
6"
041
9' 6"
35' 0"
8 000
6"
042
916,
35' 0'
BOW
6"
043
9' 6"
35' 0"
8 000
6"
P 11
9' 6'
35, 0"
20 000
6"
P12
9' 6"
35, 0"
20 000
6"
P 13
9' 6'
35' 0"
20 000
6"
P21
9' 6"
35' 0"
10 000
6"
P22
9' 6"
35' 0"
10 000
6"
P23
9' 6"
35' 0"
10 000
6'
P31
9' 6"
35' 0"
8 000
6"
P32
9' 6"
35, 0"
8 000
6"
P33
9' 6"
35' 0"
8,000
6"
P41
9' 6"
355 0"
8 000
6"
P42
9' 6"
35' 0"
8,000
6"
P43
9' 6"
35' 0"
8 000
6"
47

OK3279PG 170
EXHIBIT F
TITLE MATTERS
I Deed of Trust in favor of Wachovia Bank, National Association recorded June 29, 2007
in the amount of $9,000,000 00 found in Book 3263, Page 180, Pender County Registry
2 Subject to easements and any other facts shown on map recorded in Map Book 12, Page
24, Pender County Registry
3 Subject to easements and any other facts shown on map recorded in Map Book 45, Page
1, Pender County Registry
4 Subject to the rights of the State of North Carolina, the federal government or the public
in any of the property which may be clwstfied as wetlands or in any portion which is
marshland or is land created by the filling in of marshland
5 Title to any portion of the subject property lying below the mean high water line of any
water abutting the property which ebb and flow with the tide
6 Subject to potential right of way for Atlantic Intracoastal Waterway
7 Subject to riparian and/or littoral rights incident to the premises
8 Subject to the zoning laws of the Town of Surf City and State of North Carolina
including but not limited to, the North Carolina Coastal Area Management Act If a
survey of the property determines that it is located within a flood hazard area, owner must
satisfy the applicable flood plain management regulations
9 Subject to any portion of the property consisting of "wetlands" as defined in federal, state
or local laws, ordinances, rules or regulations If portions of the property fall within the
wetlands classification, owner must satisfy applicable wetlands regulations before
performing any land disturbing activities or filling such wetlands on such portions of the
Property
10 Subject to easements of record for public/pnvate utilities and public/private rights of
way
48

BK3279PG 17 1
CONSENT OF LIENHOLDER
TRSTE, Inc, Trustee and Wachovia Bank, National Association, Beneficiary pursuant to
the Deed of Trust recorded in Book 3263, at Page I80 in the office of the Register of Deeds of
Pender County, North Carolina, hereby execute this Consent of Lienholder to consent to the
imposition of the condominium regime on the property described at the Exhibit A, and any
portion of the Development Property, to the Declaration of Beach House Yacht Club, and any
amendment
IN TESTIMONY W'H/WREOF, T e and Beneficiary have properly executed this
Consent of Lienholder, this 11n� day of 2007
W hovia N to al Association
By
Preside
49

STATE OF
COUNTY(
I, (_7
State, do hereby certify that
this day and acknowled
and that he/she, as
on behalf of the corporation
Date
BK3279PG 172
lL�Yt �J'Y Kl a Notary Public in and for said County and
eq personally came before me
that hetshe is i GP. President of TRSTE, Inc , a corporation,
19 President being authorized to do so, executed the foregoing
STATE OF C '� / /_ . G )
COUNTY OF _.Sr v0✓ /
/-
Not bile
My commission expires 5131111
r
I, Q e_ L7 "z 4m q ti, , a Notary Public in and for said County and
State, do hereby certify that ffe / Y2C q personally came before me
this day and acknowledged that he/she is AW Ve Ge President of Wachovia Bank, National
Association, a national banking association, and that he/she, as /" Vf c-0- President being
author, d to do so, executed the effooregomg on be"f the natio al mg association
e e r. N a n eJr, rr'r r r r
Date ��o ••` ,oy.,
:"C�;SgA(tNWF.._'��; N Public
(cial SsaJJ OF xf a My commission expires-/��/��
rr4rlrurreN
C\DOCUM6-1\imILLOCA{S—nTempN4uS.v6fkcla.t,. ofam<h Hauu YuhtC.b vl DOC
M,

i la+/ot'9ina1 appi1ca31u4'j
ENGINEERING AND DESIGN
October 23, 2013
Linda Lewis
NCDENR Division of Energy, Mining, and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Ph 910-796-7215 ECEUVE
Re Beach House Yacht Club Owners Association, Inc OCT T 4 2013
111 North New River Drive, Surf City NC
Application for new permit narrative
Reference stormwater Permit No SW8990325MOD BY------._
Dear Ms Lewis
As you know, Stormwater Permit No SW8990325 ("Permit") originated in 1999 and includes
numerous modifications over a 13 year period This Permit encompasses three land tracts (as
part of an original parcel), separate owners, and planned development which has never come to
fruition Stormwater management facilities were built on Tract 3 as part of a dry stack boat
storage facility under a 2001 version of the Permit before the most recent 2008 modification Due
to unknown factors, those facilities were not included in the modification Ultimately, the
development anticipated by the 2008 modification never occurred
Since that time, Beach House Yacht Club Owners Association, Inc ("COX), became the owner of
Tract 3, and the other two tracts that had been retained by the developer are no longer
associated with the COA's Tract The COA wishes to construct a clubhouse and pool on its
property, but the Permit hindered that possibility
With the intent of deciphering the current permit situation and allowing the Beach House Yacht
Club Owners Association, Inc ("COA"), the owners of tract Tract 3, to proceed with new
development, a meeting was held on May 1, 2013, at the NCDENR Wilmington Regional Office
attended by Georgette Scott and Kelly Johnson (NCDENR), Michael Gallant and Martin Sorenson
for the owner of Tract 2, and Amy Wang (Ward and Smith, PA,) and myself for the COA The
owner of Tract 1, which is developed with a restaurant, did not attend the meeting
At the May 1 meeting, NCDENR and the representatives of the owners of Tracts 2 and 3 worked
through how best to allocate as -yet undeveloped impervious surface among the three tracts so
that each owner could proceed with development separate and apart from the other two tracts
After the parties generally agreed in concept that the Permit should be severed and new permits
issued among the tracts, Mr Gallant proposed an allocation of remaining undeveloped
impervious surface based on the weighted percentage of total upland in each of Tracts 2 and 3
The resulting allocation to Tract 3 is 68,204 sf NCDENR representatives approved this method
and recommended that the parties agree to allocate the impervious area as was proposed The
COA agreed to the allocation
�Ia5113 \ek>ac
After the allocation was agreed to, the COA provided certification documentation of the capacity
and operation of the existing stormwater management facilities on Tract 3 under the dry stack
units NCDENR accepted the certification
A second meeting was held on September 10, 2013, with you and the COA, represented by Amy
Wang and myself (Reece Engineering) This meeting produced the following guidelines and

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— 2 — October 23, 2013
design/permitting criteria for the COA to use to obtain a new stormwater permit for Tract 3 so that
the COA can proceed with its clubhouse and pool
• The COA is to submit an application for a new and separate permit number, dropping all
association with tracts not owned by the COA
• Tract 3 to be allotted 68,204 square feet of impervious area at 1 5° storm rate and be
allowed to "revert back to the 2001 compliance standards "
• All new development in excess of this allotted area will be handled at the current storm
rates
• Tract 3's current infiltration system, as built and recognized by as certified by NCDENR,
has a capacity of 7812 cubic feet
The new proposed development equaling an impervious runoff area of 7172 sq ft will be
handled by the existing on -site infiltration trench This trench has enough excess capacity for the
proposed development plus an additional 3400 sq ft of future development as can be see from
the calculations All run off will be directed to the current infiltration trench via underground
piping
Attached please find our application for a new storm water management permit framed with the
guidelines above If there are any questions, please contact Reece Engineering
Sincerely,
Gilbert W Reece, P E
V!1 r 10 k)! jI
BY—
mf
402 NOR1H TOPSAIL DR SURH CITY, NC • 28445
PHONE [phone] FAX [phone]
EMAIL GWREECEQCHARPER NET

a , 7 I •! � t
r
0

Pe Ce9-TVA►C- V0tJ-
I`S WARDANDSMITH,PA. AMY P WANG, Attorney at Law
1001 College Court (28562) P 252 672 5516
Post Office Box 867 F 252 672 5477
New Bern NC 28563 0867 apw@wardandsnth corn
July 25, 2013
Kelly Johnson
NCDENR Division of Water Quality
Wilmington Regional Office
127 Cardinal Street Extension
Wilmington NC 28405
RE Beach House Yacht Club Owners Association, Inc
Stormwater Permit SW8 990325MOD
Our File 550171-00001
Dear Kelly
Pursuant to the ongoing efforts to clarify the coverage of Beach House Marina Stormwater Permit SW8
990325MOD (the "Permit"), enclosed please find a letter of certification of stormwater management
facilities (the "System") from Gilbert M Reece, P E Also enclosed are supporting affidavits from
Charles Mitchell and Hunter Tayloe Mr Mitchell's company was responsible for the civil and site work
for the marina project, including the System Mr Tayloe was an employee of Beach House Marina,
LLC, during the construction of the dry stack boat storage facility at the marina when he observed the
installation of the System In addition, Mr Tayloe currently is employed by Beach House Yacht Club
Owners Association, Inc , and has observed the functioning of the System over the last 12 years
Please accept the enclosed as certification of the System so we can move forward with bifurcating the
Permit and Beach House Yacht Club Owners Association, inc can continue with its redevelopment
plans
Please call me should you have any questions
Yours very truly,
Amy P Wa g
ND 4828-3733-1732 v 1
Enclosures
cc Gilbert W Reece, P E
Michael C Gallant, P E
Mr Martin Sorensen
Mr W Daniel Martin
ASHEVILLE GREENVILLE NEW BERN
www wardandsnrth corn
EGEIVF—
JUL 2 6 2013
RALEIGIiaY I�N

STATE OF NORTH CAROLINA
PENDER COUNTY
In the Matter of )
STORMWATER PERMIT NO SW8 990325 )
AFFIDAVIT OF CHARLES M MITCHELL
ECEIVE
JUL 2 6 2013
BY.
I, Charles M Mitchell, after first having been duly sworn, depose and say
1 I am a resident of the State of North Carolina
2 I am over 18 years of age, I am not subject to any disability, and, I am
fully able and authorized to make the statements set forth in this Affidavit
3 Except where expressly stated on the basis of information which has been
provided to me and which I believe to be true, the statements and facts contained in this Affidavit
are based on my own personal knowledge and experience
4 1 am the owner and President of C M Mitchell Construction (the
"Company") I have owned and operated the Company since 1994
In October 2001, the N C Department of Environment and Natural
Resources, Division of Water Quality ("DWQ"), issued a modification to Stormwater Permit No
SW8990325 (the "Permit") authorizing a reconstruction project for property located at I I I North
New River Drive in Surf City, Pender County, North Carolina ("Property") The Permit
provided for dry stack boat storage buildings and stormwater controls to store and infiltrate
runoff from the boat storage area on the Property A copy of the Permit is attached as Exhibit A
6 The Company completed the civil and site work portion of the project on
the Property, including the stormwater management facilities, in late 2001 I was present on the
Property dunng that time in my capacity as owner and operator of the Company, and I
supervised the Company's completion of its portion of the project
7 The stormwater management system was installed on the Property in
substantial compliance with the plans approved by DWQ and in accordance with the Permit

,
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(11 1 I I ,r I Ji 1' I '71'• p�' ,✓/LI 4 11, 1 'f _.. �., �1 7G ,�,. i' H �I' Cr^f,rll, •,+
"I i t .h 1 1 ,' "!!• J` ,�I, 1 }Ill lf,, \ 7 'UI' � •�I ft •rl J f) i � r I J /Ili , /'
P 'II t_�I I . . • I '4, r 'I 1 ,I rt�t ! ,,:.+'.r. ' I �r+i '91 t Tfl Ib, i' i ,t "�
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Further, the Affiant saith not
This the 1 lth day of July, 2013
Na,t,Z 7,;?/ 7)Ve Ze�
Charles M Mitchell
ons %o w COUNTY, NORTH CAROLINA
Sworn to (or affirmed) and subscribed before me this day by Charles M Mitchell
(type/print name of signer)
Date July 11 , 2013
c ryoio
My Com i'Ow Co biie
,, missio UOjy
CARO��NP
111193-00008
ND 4823-5357-3652, v 2
Signature of Notary Public
My commission expires 64UIaO17
2

I/ i
II,_�i <<i
i
' ! ♦ err -_r�,l � .

State Stormwater Management Systems
Permit No SW8990325 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
REDEVELOPMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
JENMAR Partnership
Beach House Manna and Topsail Island Yacht Club
Pender County
FORT HE
redevelopment ofexisting impervious surfaces in compliance with the provisions of 15A NCAC 2H 1000 (hereafter
referred to as the "stonnwater rules ") and the approved stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by the Division of Water Quality and considered a part
of this permit for Beach House Marina and Topsail Island Yacht Club
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the followmg specific
conditions and limitations
I. DESIGN STANDARDS
The proposed built -upon area is 55,212 square feet, for the boat storage area, which is less than the 157,712
square feet that previously existed
To the extent practicable, the project has provided stormwater control measures in accordance with the
stormwater rules An infiltration trench, 532' L x 8' W x 4'H with 24" cp perforated piping, will be constructed
to store and infiltrate the 1 5" runoff volume from the boat storage area
Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit
All future development must submit for and receive a stormwater management permit prior to construction
Redevelopment sites are required to provide stormwater management measures to the maximum extent
practicable
2

State Stormwater Management Systems
Permit No SW8990325 Modification
Il. SCHEDULE OF COMPLIANCE
1 The permittee shall at all times provide adequate erosion control measures in conformance with the approved
Erosion Control Plan
2 The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request
3 The permittee shall construct the stormwater control measures as shown on the approved plans
4 The permiuce shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency including, but not limited to
a Semi-annual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of side slopes
d Immediate repair of eroded areas
e Debris removal and unclogging of filter media, catch basins and piping
The following items will require a modification to the permit
a Any revision to the approved plans, regardless of size
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area
e Development of the future areas
e Further subdivision, acquisition, or selling of the project area The project area is defined as all
property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was
sought
The Director may determine that other revisions to the project should require a modification to the permit
The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in tlus permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215 6A to 143-215 6C
The permit issued shall continue in force and effect until revoked or terminated
The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition

State Stormwater Management Systems
PemutNo SW8990325Modification
The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A ofthe North Carolina Administrative Code, Subchapter 2H 1000, and North Carolina
General Statute 143-215 1 et al
The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any additions, deletions or redesign of the previously permitted
amount of built -upon area proposed regardless of the size of the modification
The permit is not transferable to any person except after notice to and approval by the Director The Director
may require modification or revocation and reissuance of the permit to change the name and incorporate
such other requirements as may be necessary A formal permit request must be submitted to the Division
of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate The approval of this request will be considered on its merits,
and may or may not be approved
7 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be unposed by other govemment agencies (local, state and federal)
which have Jurisdiction
8 The permittee grants permission to DENR Staff to enter the premises during normal business hours for
purposes of inspecting the facility
9 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days
10 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
Permit issued this the 30th day of October, 2001
NORTH AROLINA ENVIRONMEN fAL MANAGEMENT COMMISSION
Gregory J Thorpe, Ph D, Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990325 Modification

STATE OF NORTH CAROLINA
PENDER COUNTY
In the Matter of )
STORMWATER PERMIT NO )
SW8 990325MOD )
AFFIDAVIT OF HUNTER TAYLOE
I, Hunter Tayloe, after first having been duly sworn, depose and say
1 I am a resident of the State of North Carolina
2 I am over 18 years of age, I am not subject to any disability, and I am fully
able and authorized to make the statements set forth in this Affidavit
3 Except where expressly stated on the basis of information which has been
provided to me and which I believe to be true, the statements and facts contained in this Affidavit
are based on my own personal knowledge and experience
Beach House Yacht Club Owners Association, Inc ('Beach House Yacht
Club"), owns property located at 11 I North New River Drive in Surf City, Pender County, North
Carolina ('Property") Presently located on the Property are two dry stack boat storage buildings
and a gravel parking lot A copy of the survey showing the Property as currently built is attached
as Exhibit A
In October 2001, the N C Department of Environment and Natural
Resources, Division of Water Quality ("DWQ"), issued a modification to Stormwater Permit No
SW8990325 (the 'Permit') authonzmg a reconstruction project for the Property that provided for
the dry stack boat storage buildings and stormwater controls to store and infiltrate runoff from
the boat storage area A copy of the Permit is attached as Exhibit B
6 At that time, I was employed by Beach House Manna, LLC From
February 2001 to May 2007, my duties were to help oversee the construction of the dry stack
boat storage buildings and docks at the manna developed on the Property I operated and staffed
the fuel dock, wet slips, and dry stack boat storage buildings once the construction was complete

I was present at the Property dunng the construction project as part of my
duties as manager of the manna The construction of the dry stack boat storage area was
completed on the Property on or about December 11, 2001 The infiltration pipe was installed
after the dry stack boat storage buildings were finished but before the concrete pads were poured
It is my understanding that Matt Mitchell, of C M Mitchell Construction,
installed the stormwater management system on the Property in accordance with the plans
approved by DWQ in the Permit
Beginning in June 2007, I shifted to manager of the then -newly formed
Beach House Yacht Club, and have been employed by the Board of Directors of Beach House
Yacht Club since that time In this capacity, I continue to operate and staff the dry stack boat
storage portion of the manna
10 Dunng my tenure on the Property the past 12 years, the existing
stormwater system has functioned properly without incident
Further, the Affiant sarth not
This the IT' day of June, 2013
(SEAL)
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VICINITY MAP
BEADI HOU5E YACHT CLUB

State Stormwater Management Systems
Permit No SW8990325Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
REDEVELOPMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and
other applicable haws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
JENMAR Partnership
Beach House Manna and Topsail Island Yacht Club
Pender County
FOR THE
redevelopment ofexisting impervious surfaces in compliance with the provisions of 15A NCAC 2H 1000 (hereafter
referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by the Division of Water Quality and considered a part
of this permit for Beach House Marina and Topsail Island Yacht Club
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations
I. DESIGN STANDARDS
1 The proposed built -upon area is 55,212 square feet, for the boat storage area, which is less than the 157,712
square feet that previously existed
2 To the extent practicable, the project has provided stormwater control measures in accordance with the
stormwater rules An infiltration trench, 532' L x 8' W x 4'H with 24" cp perforated piping, will be constructed
to store and infiltrate the 1 5" runoff volume from the boat storage area
3 Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit
4 All future development must submit for and receive a stormwater management permit prior to construction
Redevelopment sites are required to provide stormwater management measures to the maximum extent
practicable

State Stormwater Management Systems
Permit No SW8990325 Modification
II. SCHEDULE OF COMPLIANCE
The permittee shall at all times provide adequate erosion control measures in conformance with the approved
Erosion Control Plan
The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request
The permittee shall construct the stormwater control measures as shown on the approved plans
The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency including, but not limited to
a Semi-annual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of side slopes
d Immediate repair of eroded areas
e Debris removal and unclogging of filter media, catch basins and piping
The following items will require a modification to the permit
a Any revision to the approved plans, regardless of size
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area
e Development of the future areas
e Further subdivision, acquisition, or selling of the project area The project area is defined as all
property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was
sought
The Director may determine that other revisions to the project should require a modification to the pernut
The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet mimmum requirements The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made
ill. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215 6A to 143-215 6C
2 The permit issued shall continue in force and effect until revoked or terminated
The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition

State Stormwater Management Systems
PernutNo SW8990325Modification
4 The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the pernut, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A oftheNorth Carolina Administrative Code, Subchapter 2H 1000, and North Carolina
General Statute 143-215 1 et al
5 The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any additions, deletions or redesign of the previously permitted
amount of built -upon area proposed regardless of the size of the modification
6 The permit is not transferable to any person except after notice to and approval by the Director The Director
may require modification or revocation and reissuance of the permit to change the name and incorporate
such other requirements as may be necessary A formal permit request must be submitted to the Division
of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate The approval of this request will be considered on its merits,
and may or may not be approved
7 The issuance of this permit does not preclude the Pemnttee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal)
which have jurisdiction
8 The permittee grants permission to DENR Staff to enter the premises during normal business hours for
purposes of inspecting the facility
9 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days
10 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
Permit issued this the 30th day of October, 2001
NORTH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
13---------------
Gregory J Thorpe, Ph D, Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990325 Modification
4

C201319900423
Jul 18 2013 11 48AM CAMS SOSID 0992407
Date Filed 7/24/2013 11 18 00 AM
STATE OF NORTH CAROLINA Elaine F Marshall
DEPARTMENT OF THE SECRETARY OF STATE North Carolina Secretary of State
STATEMENT OF CHANGE OF REGISTERED C201319900423
OFFICE AND/OR REGISTERED AGENT
Pmmant to §55D31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing Its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is BEACH HOUSE YACHT CLUB OWMq ASSOC sTION INC
Frlhty Type ❑Corporation, ❑Foreign Corporation, Wonprofit Corporation, ❑Formga Nonprofit Corporation,
EILumited Liability Company, ❑Foreign Limited Liability Company ❑Limited Partacrship, ❑Foreign Limited Par acrd p,
❑Limited Liability Partnership, ❑Foreign Limited Liability Parmership
The street address and county of the entity's registered office currently on file is -
Number and Street 1900 EASTWOOD ROAD StM 11
City, State, Zip Code MANWGTON. NC 28403 County NEW HANOVBR
The maihog address sf dii fermrt from the street address of the registered office currently on file is
The name of the current registered agent is YOW, MARK
NEW INFORMATION
1 The street address and county of the new registered office of the entity is
(complete this item only if the address of the registered office is being changed)
Number and Street 1612 MILITARY CUTOFF ROAD, SUITE 108
City, State, Zip Code WILMINGTON, NC 29403 County lbw HANOVER
2 The mailmg address tf different from the street address of the new registered office is
(complete this item only if the address of the registered office is being changer!)
3 The name of the new registered agent and the new agent's consent to appointment appears below
(complete this item only if the name of the registered agent is being cl�rge¢�
QIMI f l- I a %Ez— _ �-~� V MemberNg
Type or Print Name of ew Agent • Szgnotu & Talt
4 The address of the entity's registered office and the address of the business office of its registered agent, as cbagged,
will be identical
5 This statement will be effective upon filing, unless a date and/or time is specified
This is the _day of . 20_ BEACH qo%XgM CI qV.RMM$SOCXATION.
Ennry e
l Signature —
,y _ kill . e-ert,�Ikf
Type or Print N and Tale
Notes' FitlagreenSW This document mot be med with the Seereta"orstete
Instead ofsigemg berg the sieve registered agent may up a upereh wrst4a w mat to the ,ppolnm=k which must be attached to this statement
CORPORATIONS DMSION
Revised January 2002
P 0 BOX 29622
RALEIGH, NC 27626-0622
Form BE-06

NORTH CAROLINA
Department of the Secretary of State
CERTIFICATE OF EXISTENCE
I, Elaine F Marshall, Secretary of State of the State of North Carolina, do hereby
certify that
BEACH HOUSE YACHT CLUB OWNERS ASSOCIATION, INC.
is a corporation duly incorporated under the laws of the State of North Carolina,
having been incorporated on the 26th day of July, 2007 , with its period of duration being
Perpetual
I FURTHER certify that the said corporation's articles of incorporation are not
suspended for failure to comply with the Revenue Act of the State of North Carolina, that
the said corporation is not administratively dissolved for failure to comply with the
provisions of the North Carolina Nonprofit Corporation Act, and that the said corporation
has not filed articles of dissolution as of the date of this certificate
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 30th day of September, 2013
Sedn to vanfy onluic
Ccrtifieatioa# 94577284-1 Reference# 11678251-ACH Page 1 of I Secretary of State
Verify this certificate online at www secretary state ne us/verification

ENGINEERING AND DESIGN
June 19, 2013
N C Division of Water Quality
Go Johnson, Kelly <kelly p johnson@ncdenr gov>
127 Cardinal Drive Extension
Wilmington, NC 28405
Ph 910-796-7215
Re Beach House Yacht Club
Stormwater Permit No SW8990325MOD
111 North New River Drive, Surf City NC
Engineers Certification
To Whom It May Concern,
The original Phase I development plan (SW8990325) which was approved, permitted, and
constructed, totals 55,212SF of impervious area At the rainfall rates used at the time of the
permit (1 5 inches), the required capacity of the management devices is 6,902 cubic feet The
permitted and constructed stormwater management facilities provide 7,810 cubic feet of capacity
There is a 908 cubic foot surplus currently existing at the site This equates to 7,264 square feet
of impervious area that may be handled by the current infiltration system at some future date
I Gilbert W Reece, as a duly registered Engineer in the state of North Carolina, having observed
the as -built project, SW8990325 Phase I, for Beach House Yacht Club Owners Association, Inc
hereby state that, to the best of my abilities, the visible portions of construction were built within
substantial compliance and intent of the approved plans and specifications I have also observed
the system and its components to be functioning as the original design intended
This analysis assumes that all construction not specified in this document is per the requirements
of the NCSBC, the original contract documents, and good building practice If there are any
questions regarding this letter please contact Reece Engineering
Sincerely,
Gilbert W Reece, PE
402 NORTH TOPSAIL DR SURF CITY, NC • 28445
PHONE [phone] FAX [phone]
LMAIL GWREECE@CHARTER NEI

c.Jr-,e�
Johnson, Kelly a lo(Oa boPii
From
Johnson, Kelly
Sent
Tuesday, May 07, 2013 11 41 AM
To
'Michael Gallant', Gilbert Reece, APW@wardandsmith com, TheMartinil@aol com
Cc
Scott, Georgette, hunter@beachhouseyachtclub com
Subject
RE SW8 990325, Beach House Marina (Surf City, NC)
Mike,
I went through this today, and I think that this approach makes sense Unless anyone has any objections I recommend
that we allocate the impervious area as Mike has proposed
Restaurant
Bank
Condo
Total
KJ
Impery
27,870 sf
91,438 sf
68,204 sf
187.512 sf
From MIchael Gallant [mailto gallantmc@yahoo com]
Sent: Thursday, May 02, 2013 4 53 PM
To: Johnson, Kelly, Gilbert Reece, APW@wardandsmith com, TheMartmil@aol com
Cc, Scott, Georgette, hunter@ beach houseyachtcl u b com
Subject: Re SW8 990325, Beach House Marina (Surf City, NC)
Kelly,
I am looking at a plat from Michael Underwood, PLS According to this plat the Bank Tract (Tract 2) is 4 83 acres When I deduct
the water area (done on cad using the MHWL) the upland area is 3 28 acres When I do the same with the Condo (Tract 3) area the
upland portion is 2 449 acres The existing impervious area for the Restaurant tract is 27869 sf (87% impervious)
I am not certain on existing impervious on the bank lot yet
Given this information I have prepared a spread sheet (attached)
Basically, I do not allot any more impervious surface for the Restaurant tract (Tract 1) It would be nearly impossible for the site to be
redeveloped under the current setback, buffer requirements and landscaping requirements and add more impervious space Also you
show an area greater than the actual lot area to be covered (42,814 sf>31,800 sf)
I split the remaining BUA (I87,512-existing BUA on Tract 1) between Tract 2 and Tract 3 based on a weighted average of upland
area This allows both tracts to be developed to a point of 64% impervious surface under the original rules This also allows the
Condo (Tract 3) to get over the additional 10,000 sf Gil said he needed for their project I think this is fair and reasonable
I will be in town tomorrow for another meeting and can drop off a copy of the plat If you have time we could discuss My meeting is
from 11 to 1 If not I will just leave the plats for you
Michael C Gallant, PE
PO Box 4039
Surf City, NC 28445
910 448 1046
www michaeleallanteneineer com ,
From "Johnson, Kelly" <kelly p iohnson(cDncdenr qov>
To Michael Gallant <gallantmc(cDvahoo com>, Gilbert Reece <gwreece(o)charter net>, "APW(cDwardandsmith com"
<APW(cDwardandsmith com>

Cc "Scott, Georgette" <georgetle scottCc ncdenr gov>, "hunter(c)beachhousevachtclub com"
<hunter(cDbeachhousevachtclub com>
Sent Wednesday, May 1, 2013 3 30 PM
Subject RE SW8 990325, Beach House Marina (Surf City, NC)
All
I have attached some meeting notes from todav s meeting We covered a lot of ground, and do I wanted to document what
was decided If something is off, please let me know and I will correct it
Thanks
KJ
From Johnson, Kelly
Sent Friday, April 26, 2013 9 39 AM
To 'Michael Gallant', Gilbert Reece, APW(uiwardandsmrth com
Cc Scott, Georgette, hunter@beachhousevachtclub com
Subject RE SW8 990325, Beach House Manna (Surf City, NC)
Yes
From Michael Gallant [mailto aallanimc a yahoo com]
Sent Friday, April 26, 2013 9 39 AM
To Johnson, Kelly, Gilbert Reece, APW a,wardandsmuh com
Cc Scott, Georgette, hunter(a-ibeachhousevachtclub com
Subject Re SW8 990325, Beach House Manna (Surf City, NC)
Are we confirmed for Wednesday at 9 30 AM9
Michael C Gallant, PE
PO Box 4039
Surf City, NC 28445
910 448 1046
http //www michaeleallantengmeer com/
From "Johnson, Kelly" <Lelly p iohnson aincdenr Pox>
To Gilbert Reece <gwreece auharter net>, "APW(i�wardandsmith com" <APW(a)wardandsmith com>, "i,allantnicCwNalioo coni'
<gallantmc(awahoo com>
Cc "Scott, Georgette" <georgette scoil(a),ncdenr gov>, "huntermbeachhoutievachtc(ttb com" <hunter(a�beachliouseyachtelub com>
Sent Thursday, April 25, 2013 9 59 AM
Subject RE SW8 990325, Beach House Manna (Surf City, NC)
All
Everyone is available to meet on Wednesday May I" How about 9 Nat our oftice9
Kelly
From Johnson, Kelly
Sent Thursday, April 25, 2013 9 11 AM
To 'Gilbert Reece', 'APW@wardandsmith com', 'gallantme@yahoo com'
Cc Scott, Georgette, 'hunter@beachhouseyachtclub com'
Subject RE SW8 990325, Beach House Manna (Surf City, NC)
All,
Here die the dates and availability 1 have so far Aic there otheis that need to be mvited9 Also when are you
available to meet Gilbert9
M T W T F
29-Apr 30-Apr 1-May 2-May 3-May

Kelly
Georgette
Mike
Amy
Gilbert
All
Thanks
KJ
Y
Y-PM
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
Y-PM
Early
N
Y
Y-AM
Y
PM
Early
N
Y
AM
OnlyY
From Johnson, Kelly
Sent Wednesday, April 24, 2013 11 39 AM
To 'Gilbert Reece', mailto APW(cUwardandsnuth coin, gallantmc(a"ahoo coin
Cc Scott, Georgette, mailto huntert7,beachhousevachtclub coin
Subject RE SW8 990325, Beach House Manna (Surf City, NC)
Gilbert,
The Division's objective is to make sore that the impervious area onsite is treated in an appropriate BMP_ and
that the site is designed pet the regulations
With that in mind there are probably a number of ways that this can be accomplished We felt it was pertinent
to make an initial pioposal to start the dialogue If the permit had been modified then this would be an easy
task Since it was not we aie interested in working with all parties to help you find a solution that will work for
all of you Since you all know the specific concerns foi the site bettei than I do you may be better suited to
pi opose a solution I think some of the factors to consider may be the amount of area that would be allocated to
the Boat Slip Condo Association under our initial proposal of aiea-weighting, and the compaiative amount that
has been built If there are othei buildings parking etc onsite that are already in place either at the condo
association or on the remainder of the SW8 990325 aiea, then that may also play into how this will work We
will also need to consider the BMP (has it been built, was it built correctly etc), and what additional stormwater
BMP(s) are feasible to be installed at the site Theie are piobably many many other factors to also consider I
think it would be best to have a meeting to determine a solution If you all are interested in the meeting I
would encourage you to think through some solutions to propose at that meeting if the area -weighting approach
will not wotk foi you
Kelly
From Gilbert Reece [mailto ewreece a�charter net]
Sent Wednesday, April 24, 2013 11 16 AM
To Johnson, Kelly, mailto APWCa)wardan&nuth coin, aallantinc(a yahoo coin
Cc Scott, Georgette, mailto hunterCa)beachhousevachtclub coin
Subject RE SW8 990325, Beach House Manna (Surf City, NC)
Kelly— thanks for you work on this 1 have one general question How would the existing dry stacks and
impei vious aiea located on the Condo associations parcel be handled" It was build and completed as "phase
one" of the original permit and has infiltration capacity for that "phase one' BUA only The storm water
infrastructure may of may not have been certified by and engineer but it was built and is functioning/existing
Thanks Gil
3

Gilbert W Reece, PE PC
Reece Engineering and Design
402 North Topsail Drive
Surf City, NC 28445
Ph 910-207-0403 Fax [phone]
Cell 910-200-7616 Email git reece a chariei net
Professional Engineer
NC hcensc 022659
VA license 047475
NC General Contractor #69786
Electronic drawings pro%ided byReece Engineering and Design are intended only for the convenience of the organisation they are sent to Any use of electronic draw rags pro%tded
by Reece Engineering and Design is done at the users own risk The official documents of construction are the paper prints which have been sealed by a professional engineer The
user shall rely on the official construction documents
From Johnson, Kelly [mailto kelly n lolmson(n)ncdenr gov]
Sent Wednesday, April 24, 2013 11 01 AM
To AP W(awardandsuuth com, gallantnic(a1wahoo com, mailto gwremerd)charter net
Cc Scott, Georgette
Subject SW8 990325, Beach House Manna (Surf City, NC)
Mike, Gibert, & Amy,
I am not sure if you all know each other Amy Wang is the attorney for the boat slip condo association that
wants to build the pool etc Gilbert Reese is the engineer for that association Mike Gallant is the engineer who
will be working with the SW8 990325 permittee to make the necessary changes to that permit I thought I
would email all of you together so that everyone gets the same information
It is our understanding that the boat slip condo association would like to pursue getting its own permit and
treating its own water onsite, and that that could possibly be of interest to the SW8 990325 permittee if it could
make things easier overall If we proceed down this path, the next question is which rule the various permits
will be subject to because that (among other things) affects the design storm/BMP volume necessary My
supervisor, Georgette Scott, and I have had discussions with or Central Office and the Attorney General's
Office in order to help facilitate this process within the regulations because this is a complex situation
Per SL2008-211 a project that either increases the impervious area or increases the size of the stormwater
controls is subject to SL2008-211 ("the 2008 rule") The way we have implemented this rule is that any
impervious area that has been permitted under an old rule such as the 1995 rule can continue to be permitted
under that rule Any new impervious area that has not been previously permitted is subject to the 2008 rule (I
am over course over -simplifying this for the time being) SW8 990325 should have been modified into a
subdivision allocating impervious area to each lot owner prior to the sale of those lots Since that was not done,
we need to find a way to break up the impervious area among the various parties We propose that the most fair
way to do this is to area -weight the impervious area permitted to the land that was permitted For example if a
lot is 27 5% of the project area permitted, then it would get 27 5% of the impervious permitted There is one lot
specified in the permit which is noted as the "corner parcel" (and I believe is the restaurant on the corner),
which has already been given an allocation which will need to be taken into consideration with this approach
There may be an alternate approach to dividing up the impervious area that would be amenable to all parties,
and so please feel free to propose one if that is the case
If a meeting is necessary to continue, we would be happy to arrange one Please let us know of your interest
and your timeframes for when you would like to get together

Thanks,
Kelly
Kelly Johnson
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
W►lnungton, NC 28405-3845
Office 910.796.7331
Fax- 910 350 2004

..........
US Topo
,
-14
IT
F

May 1, 2013 Meeting
SW8 990325: Beach House Manna
Attendees:
Georgette Scott, NCDENR
Kelly Johnson, NCDENR
Amy Wang, Ward & Smith (Attorney for Condo Association)
Marten Sorensen, Redland Development (Representative of the Bank)
Mike Gallant, Engineer for Redland Development
Dan Martin, Condo Association Building Committee
Hunter Taylor, Beach House Yacht Club Manager
Gilbert Reece, Engineer for the Condo Association
Record of Decision:
1. There are three parties and two infiltration trenches involved:
a. The Condo Association
b. The restaurant (currently operated by a trustee of Yow)
c. The bank owned portion
2. History: The most recent permit (3/19/08) shows a trench which is able to treat 187,512sf of impervious area from the entire
project area. Earlier permits showed another trench on the condo association's tract which was not included in the 2008
permit because the earlier trench's existence and functionality was unknown (or was thought not to be functional) during the
2008 design. The 2008 trench used the older trench as a part of the conveyance system to the 2008 trench, but did not
assume functionality of the older trench in the 2008 design. The 2008 trench was designed for 1.5" (1995 rule, SA). DWQ
staff did not see evidence of the 2008 trench installed during a spring 2013 inspection. Beach House staff knows that the
older trench has been installed on their property, but we do not believe it has been certified by a PE. Early versions of the

permit appear to show that there was redevelopment (presumably of pre-1988 impervious area) onsite Further research will
be needed to determine the extent of the redevelopment that has been claimed or could be claimed in the future
3 Impervious Area per the 2008 Permit There is a total of 187,512sf of impervious area including 104,572sf of "future" allocated
to the "comer parcel" The restaurant on the comer is shown to be -0 73ac (-31,799sf) The "comer parcel" is therefore
larger than lust the restaurant and it is roughly labeled on the 2008 plan, but its acreage is unknown
Re -Allocating 187,512sf of Impervious Area to the Three Parties Involved
a Project Area Both parties in attendance (the condo association and the bank) will look into the existing plat and/or
CAD data available to determine how the 6 46ac permitted in 2008 is dividing among the three parties The parties
will collaborate to ensure that their areas do not overlap or do not leave unclaimed area The 6 46ac project area
layout in the permit does not reflect the county property boundaries in GIS The permit is based on survey, and is
believed to be more reliable
b Surveys Once the project area of each party is determined, both parties in attendance will have their properties
surveyed to determine the amount of impervious area that has been built and water surface area on each of the three
pieces The restaurant was not represented at the meeting, and it is therefore assumed that survey data from this
piece will be unavailable
c Area Weighting Impervious area will be area weighted All parties agreed that the "comer parcel" and its 104,572sf
of impervious area will not be taken into consideration for the area -weighting because its associated acreage is
unknown All parties also agreed that since the impervious at the restaurant is unknown, its impervious will be
assumed to be 100% Or, alternatively, an alternate maximum impervious for the parcel can be assumed at a later
date if one of the parties proposes a reasonable approach to determining an alternative value If any party desires to
develop more impervious area than can be covered by the 1995 rule as determined through the process outlined
below, then that impervious area will be covered by the rule currently in place (the 2008 rule)
txample or Area vveigntmg tsrrmarea
uara ror txam
re r ur oses
vm
Condo Assn
Bank
Restaurant
Total
286
287
073
646
Protect Area
124,582
125,017
31,799
281,398
Project Area That is Water Surface
8,000
30,000
0
38,000
Project Area That is Not Water Surface
116,582
95,017
31,799
243,398
Impervious Permitted
-
-
-
187,512
Impervious Currently Built
56,400
15,000
31,799
103,199
Impervious Permitted & Not Currently Built
(To be Area -Weighed Among the 3 Parties)
84,313
Weighting Factor
=(Impery Permitted & Not Currently Built) / (Project Area
0 346
That is Not Water Surface)
Impervious To Be Allocated To Each Party In Excess of
Impervious Currently Built
=(Weighting Factor) x (Project Area That is Not Water
40,384
32,914
11,015
84,313
Surface)
Impervious Area to Be Covered Under 1995 Rule As a
Result of this Process
96,784
47,914
42,814
187,512
ac
sf
sf
sf
sf
sf
sf
sf BUA/sf
sf
sf

5 Future Actions Needed
a SW8 990325 will be divided into either two or three permits
i The Condo Association
u Permits to be either individual or combined
1 The restaurant (currently operated by a trustee of Yow)
2 The bank owned portion
b The Condo Association This permit will be free-standing and not associated with the other two parties It will treat
its own water onsite Items for further discussion
i The viability of the current trench will be determined at a later date If it is functional, can be certified, and is
otherwise compliant it can be used as the treatment system for the development to the extent that it is able
to contain and treat the necessary volume There was discussion that this trench has been installed under
-12" of concrete, and that the design engineer is deceased Beach House manna staff, however, were
witness to its installation Since it will be difficult to certify this system, the Division will work with the
certifying engineer to consider the knowledge of the Beach House staff in conjunction with the engineer's
due diligence in certifying this system
n Further research of earlier permits is necessary to determine if redevelopment is an option for this site
c The restaurant and the bank owned portion (separated into separate permits if necessary) This permit (or these
permits) will be free-standing and will not be associated with the condo association Items for further discussion
i The trench permitted in 2008 can be modified to treat only this portion of the development If it has not been
constructed, it must be constructed It must also be certified and otherwise compliant
u Further research of earlier permits is necessary to determine if redevelopment is an option for this site

SW8 990325, Beach House Marina
M Gallant's 5/2/13 Proposal K Johnson's 5/7/13 Notes
Total Area
Water Area
Upland Area
Existing
Proposed Total
%Impery
Imper
Impery Under
Area
Current Permit
ac
ft
ac
ft
ac
ft
ft
ft
RestaurantZI
Tract 1
0 730
31,800—OOOOF
0
0 730
31,800
27,870
27,870
87 64%
13ank3
I Tract 2
4 827
210,262
15441
67,241
3 283
143,021
15,000
9 8
63 93%
Condo
I Tract 3
2 865
124,801,91
0 4161
18,1291
2 4491
106,6811
56,400
(68,2041
63931
Total' 8 422 366,871 1960 85,369 6 462 281,502 99,270
Total Impery Area Avail Under 1995 Rule (Current 3/19/08 permit)
Impery Area Avail To Tracts 2 & 3 (=Total Imperv-Tract 1)
Total Upland in Tracts 2 & 3
Weighted % based on Total Upland
=(Tract's Upland Area)/(Total Upland in Tracts 2 & 3)
Weighted Percentage Tract 2
Weighted Percentage Tract 3
187,512 ftZ
159,642 ftz
249,702 ftZ
Impery Surface Based
on Weighted %
7T,5 NEW
RE9'M 17 S -4
N
57 28% 91,438 ftz
42 72% 68,204 ftZ
15/19/08 permit application shows a project area of 6 46ac, and a total impervious of 187,512sf
2It is unlikely that the restaurant will be able to exceed 27,870sf of impervious in the future due to the setback, buffer, and landscaping
requirements (M Gallont5/2/13emod)
3The Tract 2 impervious area is unknown, but is not believed to be above 91,438sf

f
PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street ♦ P O Box 976
Jacksonville, NC 28541-0976
[phone] ♦ Fax [phone]
Ms Linda Lewis
Division of Water Quality
NCDENR
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Dear Ms Lewis
,raping Horl2p S
January 30, 2003
Re Permit No SW8990325
Beach House Manna and
Topsail Island Yacht Club
Surf City, Pender County
This Permit was ongmally wntten for a proposed built -upon area of 156,662 S F The Owner
wants to construct a 10 foot wide asphalt drive extension from Greensboro Avenue on the Eastern
side of the project This dnve is 1,920 S F of impervious area The attached plans show the drive
and the infiltration pipe I have added to capture the stormwater
We would like to modify our permit to include the drive addition Parking area elsewhere
on the project has been deleted so that there is no net increase in the impervious area for tlus
redevelopment project
I have enclosed an application form, check (#12896) in the amount of $420 00, and two sets
of plans (Sheets 2 and 4 of 4) for your use Please let me know if you need any additional
information
Sincerely,
PARKER & ASSOCIATES, INC
Gordon R McAdams, P E
Enclosures
GRM/gsk
xc CF(P)
C2 \grm1bchhowe lew
ENVIRONMENTAL ENGINEERING ♦ STORM WATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ♦ FEASIBILITY REPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

State Stormwater Management Systems
Permit No SW8990325Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
REDEVELOPMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
JENMAR Partnership
Beach House Marina and Topsail Island Yacht Club
Pender County
redevelopment of existing impervious surfaces in compliance with the provisions of 15ANCAC 2H 1000 (hereafter
referred to as the "stormwater rules ") and the approved stormwater management plans and specifications, and other
supporting data as attached and on file with and approved by the Division of Water Quality and considered a part
of this permit for Beach House Marina and Topsail Island Yacht Club
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations
I. DESIGN STANDARDS
The proposed bmlt-upon area is 55,212 square feet, for the boat storage area, which is less than the 157,712
square feet that previously existed
2 To the extent practicable, the project has provided stormwater control measures in accordance with the
stormwater rules An infiltration trench, 532' L x 8' W x 4'H with 24" cp perforated piping, will be constructed
to store and infiltrate the 1 5" runoff volume from the boat storage area
Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit
4 All future development must submit for and receive a stormwater management permit prior to construction
Redevelopment sites are required to provide stormwater management measures to the maximum extent
practicable

I
State Stormwater Management Systems
Permit No SW8990325Modification
II. SCHEDULE OF COMPLIANCE
The permittee shall at all times provide adequate erosion control measures in conformance with the approved
Erosion Control Plan
The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request
The permittee shall construct the stormwater control measures as shown on the approved plans
The permittee shall at all'times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency including, but not limited to
a Semi-annual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of side slopes
d Immediate repair of eroded areas
e Debris removal and unclogging of filter media, catch basins and piping
The following items will require a modification to the permit
a Any revision to the approved plans, regardless of size
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area
e Development of the future areas
e Further subdivision, acquisition, or selling of the project area The project area is defined as all
property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was
sought
The Director may determine that other revisions to the project should require a modification to the permit
The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit Within the time frame specified in the notice, the permittee shall submit a
written time schedule to the Director for modifying the site to meet minimum requirements The permittee
shall provide copies of revised plans and certification in writing to the Director that the changes have been
made
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes
143-215 6A to 143-215 6C
2 The permit issued shall continue in force and effect until revoked or terminated
The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a
permit modification, revocation and reissuance, or termination does not stay any permit condition

f�
State Stormwater Management Systems
Permit No SW8990325 Modification
4 The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H 1000, and North Carolina
General Statute 143-215 1 et al
The permittee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for any additions, deletions or redesign of the previously permitted
amount of built -upon area proposed regardless of the size of the modification
The permit is not transferable to any person except after notice to and approval by the Director The Director
may require modification or revocation and reissuance of the permit to change the name and incorporate
such other requirements as may be necessary A formal permit request must be submitted to the Division
of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate The approval of this request will be considered on its ments,
and may or may not be approved
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal)
which have jurisdiction
The permittee grants permission to DENR Staff to enter the premises during normal business hours for
purposes of inspecting the facility
The permittee shall notify the Division of any name, ownerslup or marling address changes within 30 days
10 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
Permit issued this the 30th day of October, 2001
ENVIRONMENTAL MANAGEMENT COMMISSION
Gregory J Thorpe, Ph D, Acting Director V
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990325 Modification

IN IF LTRATION TRENC"NALY-S-1S
Filename S \WQS\INTRENCH\990325 WK1
Project #
990325
Project Name
Beach House Manna
Recvng Stream
ICWW
Drainage Basin
White Oak
Site Area
6 16 acres
Impervious Area Calculation
Buildings
12275
Gravel Road
19009
Concrete
23026
Other
9U
Total
55212
Volume/Storage Calculation
If Rational Method is used, place a 1 in this box
Required
Provided
Design Storm
RV
Volume to Store
Pipe Diameter
Length Of Pipe
Storage In Piping
Total Storage in Piping
Length Of Trench
Width Of Trench
Height Of Trench
Cross -Sectional Area Of Trench
Voids Volume (40% voids)
Total Volume, pipe + voids
Trench Volume per linear foot
Minimum Trench length required
Elevation Of Bottom Of Trench
Elevation Of SHWT
Overflow Elevation
Exfiltratron Rate / Drawdown
Reported Hydraulic Conductivity
Bottom Surface Area
Drawdown Time
Date 30-Oct-2001
Reviewer L Lewis
Classification SA
Index #
Drainage Area 55212 SF
1 27 Acres
Rational Cc (list C after each BUA)
Percent Impervious=
C
1 5 in
095
6556 CF
Pipe Size 1 Pipe Size 2
2 Feet
532 Feet
0 1671 Cubic Feet
1671 Cubic Feet
532 Feet
8 Feet
4 Feet
32 00 SF
Comments
Required volume, storage, and drawdown guidelines are met
1 6I
100 0%
Feet
15 Cubic Feet
446 Feet
1 03 Mean Sea Level
0 Mean Sea Level
6 2 Mean Sea Level
Cubic Feet Per Hour Per Sq Ft
4256 Square Feet
ERR hours

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PARKER & ASSOCIATES, INC.
Horizons
Consulting Engineers - Land Surveyors - Land Planners
,,,aping
306 New Bridge Street ♦ P O Box 976
Jacksonville, NC 28541-0976
^'
[phone] Fax [phone]
October 19
2001
Ms Linda Lewis
NCDENR - Division of Water Quality
127 Cardinal Drive Ixtension
Wilmington, NC 28405-3845
RE Stormwater project No SW8990325
Beach House Marina
& Topsail Island Yacht Club
Surf City, NC
Dear Ms Lewis,
Attached are the sealed calcula,(ons for the referenced project as requested in your memo
dated today As soon as I receive Name Change Form I will have it executed by Mr Yow and return
to you
Thanks for your prompt attention to this matter
Sincerely,
PARKER & ASSOCIATES, INC
'k, ` A, r A —
Gordon R McAdams P E
xc Mr Jim Crregson (Via Fax)
Mr Mark Yew ( Via Fax & Mail)
CF (P)
GRM/ees
0 wydocs\grin\bchhsec lc, Itr
ENVIRONMENTAL ENGINEERING ♦ STORM HATER MANAGEMENT ♦ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING ♦ FEASIBILITY a EPORTS ♦ COMPUTER AIDED DESIGN ♦ CONSTRUCTION PLANS

dctr 19 01 12,12p
Parker & Associates, Inc. [phone] p 2
c3 mydocs\gm\bchhouse cal
BEACH HOUSE MARINA - PHASE I
STORMWATER CALCULATIONS
Design Standard
Retain 1 5 in rainfall event over impervious area
Impervious area = 55,212 SF
55,212 x 1 5 1n = 6,902 CF (Required Volume)
12 in
Stormwater Infiltration Assembly
Area of 2 ft Dia Pipe
- 3 14 SF
Area of Trench
- 4 ft x 8 ft= 32 ft
32 ST - 3 14 SF
- 28 86 SF (Net Area)
28 86 SF x 04 (40% Voids)
- 1154 SF
3 14 SF + 1154 SF
- 14 68 SF (Actual Area)
Total Length Trench Provided
- 532 LF (See Plan)
532 ft x 14 68 SF/ft
- 7810 CF Provided
7,810 CF Provided > 6,902 CF Required O K
CA
1�412`�
R �qct

P 1
l
FILE MODE
--------------
G53 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( OCT 19 2001
OPTION
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
Date: October 19, 2001
To: Gordon McAdams, P.E.
Company: Parker and Associates
FAX #• 910-455-3441
ADDRESS (GROUP)
---------------
B-9104553441
B 5GAM ) * * *
TTI NCDENR WIRO
RESULT PAGE
--------------------------
OK P 1/1
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F Easley, Governor
William G Ross, Jr, Secretary
North Carolina Department of Environment and Natural Resources
Gregory J Thorpe, Ph,l)„ Acting Director
Division of Water Qualitv
Wilmington Regional Office
FAX COVER SHEET
'No. of Pages: 1
!From: Linda Li".
Water Quahty Section - Stormwater
;FAX # [phone]
lPhone # 910-395-3900
DWQ Stormwater Project Number: SW8 990325 I
PrRiect Name: Treasure Coast Yacht Club aka Reach House Marina and Yacht Club
MESSAGE:
Dear Gordon.
I have done a prelmunary review of the revirsed Phase I plans for tl > project, which you submitted on Septembt.'
nn nnM m, r n - r

r W ATp,.
Michael F Easley, Governor
r William G Ross, Jr, Secretary
-H North Carolina Department of Environment and Natural Resources
'C
Gregory J Thorpe, Ph D , Acting Director
Division of Water Quality
Wilmington Regional Office
FAX COVER SHEET
Date: October 19, 2001 No. of Pages: 1
To: Gordon McAdams, P.E. From: Linda Lewis '4
Company: Parker and Associates Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 990325
Project Name: Treasure Coast Yacht Club aka Beach House Marina and Yacht Club
MESSAGE:
Dear Gordon
I have done a preliminary review of the revised Phase I plans for this project, which you submitted on September
27, 2001 The following information is needed to continue the review
Please submit signed, sealed and revised infiltration trench design calculations, since the trench design has
been changed from what was approved on January 6, 2000
Please submit an official name/ownership change form to cover the name change of tlus project This form
will be mailed to you separately Please complete the information on the front and have Lionel Mark Yow
sign the back
Upon receipt of these items, the permit will be reissued with the new phase 1 BUA noted and the new name
noted on the permit
S \WQS\STORMWAT\ADDINFO\990325 OCT
CC Jim Gregson, DCM
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington N C 28405 [phone] Fax [phone] Customer service
800-623-7748

r,WPSep P7 01 06-04p Parker & ASSOClate5, Inc. 1910) 455-3441 p.l
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PARKER & ASSOCIATES, INC. ing Hortt
5hap ohs
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street - PO Box 976
Jacksonville, NC 28541-0976
[phone] - Fax [phone]
FACSIMILE TRANSMISSION COVER SHEET
To LTNOA Lrw-TS
Company: N(-peNrt
Fax #
Date. 9
FROM.• GOndorl
RE. f3dA LH
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rAc A6 Ar°
H0U1LT
FAX # [phone]
REMARKS -
AS ae6?L)It d-f L'O (Ole LIn G oo,4- r-%G G TJNL L-AA Lf V,%
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IS-0 Z I Z
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Number of Pages (including this sheet) s 2-
Original to Follow by Mail Yes No�Y
Confirmation of Receipt Requested Yes No r
CONFIDENTIALITY
The information contained in this facsimile is privileged and confidential,
intended only for the use of the sidressee. If the reader is not the intended
recipient, you are hereby noti-lcd that any use is strictly prohibited If you
have received this telecopy in nt ror, please immediately notify the sender by
telephone and return the origin, telecopy to the sender at the above address
Thank you
C2 WP\D0C\FAXC0VER
ENVIRONMENTAL ENGINEERING. 0 SIOLM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING 0 FEASIBIL171 REPORTS 0 ENVIRONMENTAL SCIENCE 0 CONSTRUCTION PLANS

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PARKER & ASSOCIATES, INC. in9 Hori2p
SfiaP Iis
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street - PO Box 976
Jacksonville, NC 28541-0976
[phone] - Fax (910)
i
it 1101i November 29, 1999
�`t7"
Ms Linda Lewis
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Dear Ms Lewis,
(� G en �
n C,C
RE SW8 990325
reasure oast Yacht Club & Manna
Redevelopment Stormwater Permit
Surf City
Pender County, NC
Enclosed are two (2) sets of Plans, Application Package and a check in the amount of
$420 00 for modifying the above referenced Redevelopment Stormwater Permit
If you have any questions or need any additional information, please give me a call
Sincerely,
PARKER & ASSOCIATES, INC
/C~ /L /� k)�-
Gordon R McAdams, P E
xc Mr Mark Yow (w/enclosures)
CIF (P), HJB
Enclsoures
ENVIRONMENTAL ENGINEERING i STORM WATER MANAGEMENT ■ WATER AND WASTEWATER SYSTEMS
DEVELOPMENT CONSULTING 0 FEASIBILITY REPORTS 0 ENVIRONMENTAL SCIENCE 0 CONSTRUCTION PLANS