SW8980434_HISTORICAL FILE_19980922

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
8 oq 22
YYYYMMDD

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B Hunt, Jr, Governor
Wayne McDevitt, Secretary
September 22, 1998
Mr Kent Mitchell
Bald Hcad Island I.Inuted
Post Office Box 3069
Bald Hcad Island, North Carolina 28,161
Subject Pcrmlt No SW8 980434
Row Boat Row Subdrnvon
ALTIT4
^�v
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NauNAL RESOURCES
Low Density Subdivision Stormaater Permit
Brunswick County
Dear Mr Mitchell
The Wilnungton Regional Office recenLd the StonnwatLr Maiagemcut Penntt Application for Row Boat Row
Subdivision o❑ April 23, 1998, widi final information oil SLptcmbcr 14, 1998 Stall rLV1LW of diL plans and
specifications has deteriiuied that die prolLct, as proposed, will comply with the Storimiater Regulations sct forth ui
Title 15A NCAC 2H 1000 We an, forwarding Pcmut No SW8 980434, dated September 22, 1998, for die
construction of the, project Row Boat Rois Subdivision
This pLnmt shall bL LflecuvL from OIL datL of issuance until rescinded and shrill be subject to the conditions and
lumtations as specified [Herein, acid does not supercede uiy odicr agency permit that inay bL requirLd
11 any parts, requirements, or limitations conta ncd m this permit are unacceptable, you have the nght to request au
adjudicatory hLanng upon wntte❑ rLquest wrthm thIrry (30) days lollowuig receipt of this pcmut This request must be
ui the form of a wnttc❑ petition, conlorming to Chapter 150B of the North Carolina General StatutLs, and filed with
die 011icL of Admnistratise HLanngs, P O Drawcr 27447, &ilugh, NC 27611-7447 Unless such demands arc
madL this permit shall bL final and binding
If you have any quesuons, or need additional infornation cons cnung thus mattLr, plLasL couLict either Greg Stutts or
me at [phone]
Sincerely,
Rich. Shncr
Water Quality Regional Supervisor
RSS/gcs S \WQS\STORM-�VA-1\PERMIT\980434 SEP
cc PLny Davis, P E Cape Fear Engmeenng
Delaney Aycock Brunswick County Inspections
David Thomas DOT Datnct Engineer
127 Cardinal Drive Ext, Wilmington, North Carolina 28405
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/10% post -consumer paper

Wilmington Regional Office
Central Files
Greg stuffs
Division of Coastal Management
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY 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
Bald Head Island Limited
Row Boat Row Subdivision
Brunswick County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with the
provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormzater 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 Row Boat Row
Subdivision
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
Each of the 18 lots is limited to a maximum built -upon area as is more particularly described on
Attachment A-1, as indicated in the approved plans CA -MA regulations may reduce the allowable
built -upon area for those lots within the AEC
2 The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per
the requirements of Section 1005 of the stormwater rules
3 Approved plans and specifications for projects covered by this permit are incorporated by reference and
127 Cardinal Drive Ext, Wilmington, North Carolina 28405
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX [phone]
50% recycled/10% post -consumer paper

State stormwater Management Systems
Permit No S W 8 980434
are enforceable parts of the permit
4 Lots covered by this permit must maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters
5 The only runoff conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3 1 (H V) or curb outlet systems as defined in the stormwater rules and
approved by the Division
6 No piping shall be allowed except
a That minimum amount necessary to direct runoff beneath an impervious surface such as a road
b That minimum amount needed under driveways to provide access to lots
7 The permittee is responsible for verifying that the proposed built -upon area does not exceed the
allowable built -upon area Once the lot transfer is complete, the built -upon area may not be
revised without approval from the DWQ, and responsibility for meeting the built -upon area limit
is transferred to the individual property owner
8 Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of
the Register of Deeds prior to the sale of any lot A copy of the recorded restrictions must be
received by this Office within 30 days of the date of recording Recorded deed restrictions must
include, as a minimum, the following statements related to stormwater management
"The allowable built -upon area per lot is See Attachment A-1 square feet, inclusive of that
portion of the right-of-way between the front lot line and the edge of the pavement,
structures, pavement, walkways of brick, stone, slate, but not including wood decking "
b "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality "
c "Filling in or piping of any vegetative conveyances (ditches, swales, etc ) associated with the
development except for average driveway crossings, is strictly prohibited by any persons "
d "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMAjurisdiction within the AEC "
9 The Engineer/Owner/Developer/Pennittee must certify in writing that the project's stormwater controls,
and impervious surfaces have been constructed within substantial intent of the approved plans and
specifications Any deviation from the approved plans must be noted on the Certification

State Stormwater Management Systems
Permit No SW8 980434
10 The following items will require a modification to the permit Revised plans, specifications and
calculations must be permitted prior to the permittee beginning construction on the modification
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 Further subdivision of the project area
f Filling in, altering or piping any vegetative conveyance shown on the approved plan
In addition, the Director may determine that other revisions to the project should require a modification to
the permit
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 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
II SCHEDULE OF COMPLIANCE
1 The permittee shall comply with the following schedule for construction and maintenance of the Low
Density Option stormwater systems
a Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built -upon surface except
roads
b During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately
2 The permittee shall at all times provide the operation and maintenance necessary to operate the
permitted stormwater management systems at optimum efficiency to include
a Inspections
b Sediment removal
c Mowing, and revegetating of the side slopes
d Immediate repair of eroded areas
e Maintenance of side slopes in accordance with approved plans and specifications
3 The permittee shall submit a copy of the recorded deed restrictions which indicates the approved
built -upon area per lot within 30 days of the date of recording
4 The permittee shall submit the Engineer/Owner/Designer/Permittee Certification within 30 days of
completion of the project

State Stormwater Management Systems
Permit No SW8 980434
5 The permittee shall submit all information requested by the Director or his representative within the
time frame specified in the written information request
III GENERAL CONDITIONS
1 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
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
5 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 retssuance 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
6 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
7 The permittee grants permission to DENR Staff to enter the property during business hours for the
purposes of inspecting the stormwater control system and it's components
Permit issued this the 22nd day of September, 1998
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A Preston Howard, Jr, P E , Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 980434

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
James B Hunt, Jr , Governor
Wayne McDevitt, Secretary
IX lf�
(X
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 24, 1998
NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROL PLAN
Bald Head Island, Ltd
Mr Kent Mitchell, Owner
Post Office Box 3069
Bald Head Island NC 28461
Dear Mr Mitchell
This office has received a soil erosion and sedimentation control plan for the project listed below which
was submitted as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57)
Please be advised that this Act requires that all persons disturbing an area of one or more acres of land
must obtain approval of a soil erosion control plan prior to the commencement of said land disturbing activity
(NCGS 113A-54(d)(4)) The act further states that this plan must be filed a minimum of 30 days prior to the
activity and the approving authority must approve or disapprove the submitted plan within 30 days of receipt
Failure of the approving authority to approve or disapprove the submitted plan within the 30 day period will
be deemed approval of the plan Commencement or continuation of a land -disturbing activity under the
jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act
This land disturbing activity described in this plan is also subject to the Environmental Management
Commission's review of their regulations to implement stormwater controls in coastal counties (1 5 NCAC 2H
Section 1000) Contact the Water Quality Supervisor of the Division of Environmental Management to ensure
this activity is in conformance with their rules
If you have questions, please do not hesitate to contact this office Your cooperation in this matter
is appreciated and we look forward to working with you on this project
Sinc�r�elly,�
Carol N Miller
Environmental Technician
CNM/dbd
cc Perry Davis, Cape Fear Engineering
W i RO-LQS
PROJECT NAME Row Boat Row Subdivision
PROJECT NUMBER 980425BR
LOCATION
Row Boat Row - Brunswick County
RIVER BASIN
Cape Fear
SUBMITTED BY
Cape Fear Engineering
DATE RECEIVED BY LOS
Bald Head Island, Ltd
127 North Cardinal Dnve, Wihnington, N C 28405-3845 0 Telephone [phone] • Fax [phone]

BK 1079 M0496
= fE r(1�%,^,",asl q�
POWER OF ATTORNEY ;.tier, O-1 ��
96 MAR 20 PM 4: 12
THE STATE OF NORTH CAROLINA ,„,abiT d 6,JJihSON
COUNTY OF BRUNSWICK REGISTER Of GEEOSOgi„TS'jfjCK CCONTi, N C.
KNOW ALL MEN BY THESE PRESENTS that BALD HEAD ISLAND LIMITED, a Texas
Limited Partnership (hereinafter referred to as "Limitedl hereby makes, constitutes and appoints
KENNETH M KIRKMAN of Brunswick County, North Carolina, its true and lawful attomey-in-fact for
it and in its name, place and stead and on its behalf, giving unto the said KENNETH M KIRKMAN
full power to act in the name, place and stead in any way it could do if it were personally present with
respect to the following matters as each of them is defined in Chapter 32A of the North Carolina
General Statutes to the extent that it is permitted by law to act through an agent Real Property
transactions, personal property transactions, banking transactions, business operating transactions,
insurance transactions, Social Security and unemployment matters and transactions and tax matters
and transactions
Limited does, without limiting the foregoing, specifically authorize the said attomey-in-fact,
in its name and on its behalf, to execute contracts, deeds, releases, closing documents and other
agreements and documents for and relating to the sale and conveyance of property on Bald Head
Island, North Carolina The power granted herein shall be deemed continuing and relate as fully to
any property which Limited may hereafter acquire as to any property which it now owns The powers
granted to the said attomey-in-fact may be exercised from time to time and repeatedly
This Power of Attorney shall remain effective and in full force and effect until a document
revoking said Power of Attorney is duly recorded in the Office of the Register of Deeds of Brunswick
County, North Carolina
iz
059 96 x 31a f
h-�

UK-1 14 3 PG 0 9.17
-7,VlPeecrz� OR 1079 M0497
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, or if
corporate, signed by its duly authorized officers and its seal to be hereunto affixed by authority of its
Board of Directors, this 1st day of February 1996
BALD HEAD ISLAND LIMITED (SEAL) �J'"
A Texas Limited Parthership I ,
ATTEST By MITCHELL ISLAND INVESTMENTS, INC
General Partner
t
BY BY
Secrets Aan &PVt-tale
2n��sr� Executive Vice President
[S s
(Cart orvv-e- _
tff Seal #.K Pell, General Partne
` 7eyAS `
Marl I'�Utchell, General Partner
STATE OF TEXAS
COUNTY OF MONTGOMERY
I, Su o q Iq . Gt. P TD n1 a Notary Public in and for the County and State aforesaid
do hereby certify that John D Planchard, personally appeared before me this day and acknowledged
that he is Secretary of MITCHELL ISLAND INVESTMENTS, INC., and that, by authority duly given
and as the act of the corporation, the foregoing instrument was signed in its name and by its
Executive Vice President, sealed with its corporate seal, and attested by himself as its Secretary
WITNESS my hand and notanal seal this the i D,Tl+ day of M, 42 c t4 , 1996
Notaryblic, St of Texas
2

81(1143 PGOS 1.8
BR 1079 F%0498
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, r:�h tAbcf-11 T l AAJ7r^el I a Notary Public for the State and County aforesaid, do
certify that M Kent Mitchell, individually and as general partner of Bald Head Island Limited, a
Texas limited partnership, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument
WITNESS my hand and notanal seal, this the SA day of 'Ma t_c1 1995
i
i
(Aotary Public
My Commission Expires
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
/z-i/- 96
1, gl,fA" -r �" ��/� . a Notary Public for the State and County aforesaid, do
certify that Mark D. Mitchell, individually and as general partner for Bald Head Island Limited, a
Texas limited partnership, personalty appeared before me this day and acknowledged the due
execution of the foregoing instrument
'""TMESS my hand and notanal seal, this the s day of VZ �,` 1995
4 Notary Public
04
My Commission Expires
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of
/Z-//-9te
Notary(ies) Public is (are) Certified to be Correct , n
Ibis Instrument was filed for Registration on this 20'"41 Day of / V ( Qt-c h ,1996,
in the Book and Page shown on the First Page hereof
- �bwZWCK— I I- --�--
ROB J. ROB SON Register of Deeds