SW8970834_Historical File_20090708

S'wansboro Properly Management
A Division of Buy Smart Realty
632 W. Corbett Avenue
Swansboro, NC 28584
[phone]
Dave Wells, Broker/Owner
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Wayne B �-te11, Property Manager
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Hammers, Angela
From:
Hammers, Angela
Sent:
Wednesday, June 24, 2009 12:17 PM
To:
'[e-mail]'
Subject:
Pirates Cove Townhomes SW8 970834
Mr. Bartell,
I apologize for the difficulty you have had in reaching me. I have left a voice mail earlier today but I wanted to be sure to
notify you that I have received your voicemails today. You mentioned an issue with connecting with the previous
owners of the Pirates Cove Townhomes stormwater permit. Please note, that if signatures from the previous owners
are difficult to obtain, it is not necessary for the transfer of ownership request. DWQ is most interested and requires the
signature of an authorized person for the newly responsible party for the stormwater permit.
Additionally, an extension to the deadline of the notice of inspection requesting the renewal and transfer of ownership
documentation is granted through July 8, 2009. Please contact me either via email or telephone if you have any
additional questions.
Thank you again for your diligence in bringing this permit into compliance!
Sincerely,
Angel
Angel Hammers (Please note my new email address is [e-mail])
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 21, 2009
Mr.James M. Davis
Pirates Cove LLC
601 Pelletier Loop Rd
Swansboro, NC 28584
NOTICE OF INSPECTION
Pirates Cove Townhomes, Onslow County
Stormwater Project No. SW8 970834
Dear Mr. Davis:
Dee Freeman
Secretary
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on May 14, 2009 to determine compliance with Stormwater Permit Number
SW8 970834 issued on January 26, 1998.
As indicated in the attached inspection report the following deficiencies must be resolved:
Submittal of a state stormwater permit renewal application package to include:
a) Renewal application (http://h2o.enr.state.nc.us/su/StateSWRenewalApplicationSWU-
102.Doc.Doc)
b) Processing fee of $505.00
c) Transfer of Ownership Request
(http:Hh2o.enr.state. nc. us/su/documents/SWPerm itOwnership-
NameChangeForm080808. pdf
d) Pond Maintenance Agreement w/original signatures of new Permittee
Please inform this Office in writing before June 24, 2009, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action including the
assessment of civil penalties of up to $25,000 per day. If a written plan of action is not
submitted to this office by June 24, 2009 then DWQ staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
If you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
j4xt 44—��
Angela Hammers
Environmental Specialist
GDS/akh: S:1WQS1StormWater\INSPECT1970834.may09
cc: John McLean, PE(John P. McLean Engineering Associates)
Wayne Bartell, Swansboro Property Management
Wilmington Regional Office
Angela Hammers
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One�L
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Nol ffiCarohna
Internet: wv+w.ncw4terquality,org �r'����N�l`/�
An Equal Opportunity 1 Affirmative Action Employer �/ L

44)
• 'i 960K 1 49 3 PAGE 28G
Prepared EDMUNDSON AND LINCOLN
a by Post Office Box 4130 ". I
Emerald Isle, North Carolina 28594
NORTH CAROLINA
DECLARATION OF COVENANTS,
ONSLOW COUNTY CONDITIONS & RESTRICTIONS ,
TIRATES COVE"
„
THIS Declaration is made and entered this the gJ'A day of Jug, 1999, by Pirates Cove,
L.L.C., a North Carolina limited liability company of Onslow County, North Carolina, hereinafter
referred to as "Declarant".
WHEREAS, Declarant is the owner of a certain tract of land located in Onslow County,
North Carolina, (hereinafter referred to as "Development Area') and being more particularly
described on the attached Exhibit "A"; and i
WHEREAS, Declarant is constructing on a portion of the development area a "residential
subdivision" which may include parts, playgrounds, swimming pool, open spaces, commercial areas,
and other community facilities for the benefit of the townhome community, (hereinafter referred to
as the "Project`); and
WHEREAS, Declarant desires tp provide for the preservation and enhancement of the
property values and amenities within said community and to provide for the maintenance of the
common areas, properties and improvements located thereon, and to this end, desires to subject tine
Project property to the covenants, restrictions, casements, charges and liens as are hereinafter set
forth, each and all of which are for tine benefit of said real property and each and all of which are for
the benefit of said real property and each present and a future owner thereof; and
WHEREAS, the Declarant also desires to provide and allow for the submission of additional
'sections' to the Project as said phases are developed and completed, and to provide for equality of
rights, privileges and obligations of all owners in all phases of the Project by adding additional phases
by amendment to this Declaration by the recording of an Amendment hereto.
NOW, THEREI ORE, it is hereby declared that the Project property described herein is and
shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions,
easements, charges and liens hereinafter set forth; said property being more particularly described as
follows:
0lu Iw,, &.-1:3
Q�S Wf bG.-t4r—
05121120OQ .
Book:1493,Page:286

(Page 11 of 44)
BGOK 14 J 3 PAGE 296
design and construction standards used as the dwelling itself. This covenant shall not be construed
as prohibiting the use of a new dwelling as a model home for sales purposes. Notwithstanding the
above, any additions to the Project property in the Development Area may be used for such other
purposes as may be set out and/or limited in a Supplemental Declaration.
8.1.2. Townhome Ouality and Size- The ground floor area of each
Townhome, exclusive of open porches, shall be not less than five hundred (500) square feet of
enclosed heated area.
8.1.3. 5 tw0.br 1ffJ .twoM1 The built upon area for each Lot shall be limited
to approximately seven hundred (700) square feet. "Built upon area" shall mean that portion of the
Lot which is covered or impervious or partially pervious cover including buildings, pavement,
recreational facilities, eta, but not including decking. This requirement as to built upon area shall not
be waivable. This covenant -is intended to insure continued compliance with storm water runoff rules
adopted by the State of North Carolina or any municipality or county, or any regulatory body or
agency thereof, and therefore, benefits may be enforced by the State of North Carolina or any
municipality or county or any regulatory body or agency thereof, provided, however, that nothing in
these covenants shall prohibit Declarant or any Owner from exceeding density limits through permits
properly obtained through all regulatory bodies having jurisdiction.
8.1.4. Prohibited Stricture: No structure of a temporary character, trailer,
tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence
either temporary or permanent. No trailer, mobile home, camper or like vehicle, or any other
structure which is finished or partially finished at a manufacturing unit or plant and transported for
quick assembly or which is designated to be disassembled and relocated shall be used as a residence
?t any time. 1t is specifically the intention and purpose of this covenant to prohibit the location of
mobile homes, trailers, modular homes, relocatable houses, or similarly type structures on the
property for use as a residence. This covenant shall not be construed as prohibiting the use of such
a structure as a sales/rental model or office or construction site facility.
8.1.5. qs; No noxious, offensive, or illegal activity shall be carried on
or conducted upon any Lot or Townhome, nor shall anything be done on any Lot or Townhome that
shall be or become an unreasonable annoyance or nuisance to the neighborhood. All Lots or
Tnwnhomes, whether occupied or unoccupied, shall be well maintained and no unattractive growth
or accumulation of rubbish or debris shall be permitted to remain upon the Premises. No automobile,
other vacle(s), motorcycle(s) or other similar items shall be repaired or placed "on blocks" or
stands. Declarant or Association, its successors or assigns, reserve the right to enter upon and cut
grass, weeds, or undergrowth on any Lot or easement, but shall be under no obligation to do so. The
Declarant or Association may contract for, and assess to Owner, any maintenance necessary to
enforce this covenant.
i 8.1.6. AnjMals; No animals, livestock, or poultry of any kind shall be kept
or maintained on any L.ot or in any Townhome except that household pets may be kept provided that
said pet shall not exceed ninety (90) pounds in weight and are not kept for breeding or commercial
Book:1493,Page:286

(Page 43 of 44)
BOOK 14 9 3 PAGE 328
ARTICLE ix
of dissolution of this non-profit
wso�aw., any asoaas Lhen remaining shall be transferred to
and become the property of such other non-profit association(s)
as the Board of Directors shall determine and in the event of the
failure of said Board of Directors to make such determination,
then said assets shall be transferred and conveyed unto a like -
kind non-profit association or organization pursuant to IRS Code
Section 501(c)(3).
Prior to entering a voluntary dissolution, the disposal
system shall ba transferred to some person, corporation, or other
entity acceptable to and approved by the North Carolina
Environmental Health Management Commission by the issuance of a
permit. Nevertheless, the Developer shall not transfer, convey,
assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its disposal system until a per-
mit has been issued to the successor.
The above Bylaws are certified by the undersigned to be
a true and exact copy of the Bylaws of Pirates Cove Townhome
Owners Association as they pertain to the townhome property known
as Pirates Cove.
This the d !— day of Q lam_ , 1998.
Attested By:
( SEAL)
Q 4,A�. ecretar
: (Cgrporate Seal)
PIRATES COVE LLC
McNeill A Associates, Inc., Manage
BY: a, �/ ff-- , (SEAL)
L. E. McNeill, Pre ident
4 k'1w (SEAL)
mes M. Davis, J ., Manager
42 of 43
Book: 1493,Page: 286

Indexing Name Search Indexed Entries Page I of 1
Otistow County, North Carolina
Rebecca L Pollard, Register of Deets
Indexing Name Search - Indexed Entries( Print Page j
Search criteria: Name(s) Selected 1)PIRATES COVE LLC For ALL INDEX TYPES For ALL PARTY TYPES For Group R/C For All Kinds on Thursday, May 21, 2009
11:08:11 AM
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Image
Party
Code
1 Ypx
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Date Filed
Date
Type
Description ]
Nat WarrantedBook
HE]"
Original
Original
Page
Orig
Index
File
dumber
U
F� ][C:R]P[�tjCOVENANT
RESTRICT
ID/R/C] 10.89 AC SR 1509 SWB TP
PIRATESViewCOVE
1493
EIE
Image
Count: 1 SEARCH NAME: PIRATES COVE LLC
Count: 1 FIRST GRANTEE: PIRATES COVE
R[dount
F 06/03/1999 RESTRICT 115521❑��❑�
COVENANTR/C] BK 1493 PG 286Count:
1 SEARCH NAME: PIRATES COVE LLC
1 FIRST GRANTEE: PIRATES COVE
V1e'+'f
RESTRICT [S/A/D C/R] LOTS PIRATES COVE 1663
COVENANT SWB TP BK 586
FIT�FtJ1493 PG 286
Image
Count, 2 SEARCH NAME: PIRATES COVE LLC
Count: 1 FIRST GRANTEE: PIRATES COVE
This page should be printed in landscape mode.
Click on Display to display Indexed Instrument for the selected entries.
Display Clear Form j
3 Record(s) Found
Records 1 thru 3
search NTenw Advanced Search Name re
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http://deeds.onslowcountync.gov/resolution/indexinglidx_name_indexed entries.asp?NDKey=595705&I... 5/21/2009

Compliance Inspection Report
Permit: SW8970834 Effective: 01/26/98 Expiration: Owner: Pirates Cove LLC
Project: Pirates Cove Subdivision
County: Onslow Queens Creek Rd
Region: Wilmington
Cape Carteret NC 28584
Contact Person: James M Davis Title: Chief Operating Officer Phone: [phone]
Directions to Project:
Access is from Queens Creek Road 9NCSR 1509), Swansboro Township
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Cartwheel Branch) (03-05-01 ) (SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 05/14/2009 Entry Time: 02:15 PM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ■Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:45 PM
Phone: [phone]
Ext.7317
Inspection Type: Stormwater
Page: 1

Permit: SW8970834 owner - Project: Pirates Cove LLC
Inspection Date: 05/14/2009 Inspection Type: Stormwater Reason for Visit: Follow-up
Inspection Summary:
This followup inspection revealed much effort to bring this permit into compliance. The only remaining item to be
completed is submittal of a permit renewal package.
Please find in the attached letter the weblinks for the renewal application and transfer of ownership request form.
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment: Restrictive covenants were downloaded from Onslow County Register of
Deeds website pertaining to stormwater items.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ ■
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ ■
Is the BUA (as permitted) graded such that the runoff drains to the system? Cl ❑ ❑ ■
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ fl ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ■ ❑ ❑ ❑
upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑
Comment: Submittal of a permit renewal package is required.
Page: 2

Subject: Pirates Cove Townhomes SW8 970834
From: Angela Hammers <[e-mail]>
Date: Tue, 10 Mar 2009 16:05:36 -0400
To: [e-mail]
Dear Mr. Wells,
Thank you for contacting me in regards to the Pirates Cove Townhomes Subdivision.
The state stormwater permit for this subdivision has expired as of January 26,
2008. The deadline for a written response from the PermiLtee, Mr. James Davis, was
February 17, 2009. As you can see, this deadline has passed. The next item will
be a Notice of Violation.
If you can give me a call, I can certainly go through what has been required and
listed in the two inspection reports forwarded in regards to this permit.
Thanks again for your efforts. I look forward to speaking with you.
Sincerely,
Angel
Angela Hammers
Environmental Specialist
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone [phone] ext 7317
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.

Subject: Pirates Cove Townhomes
From: Angela Hammers <[e-mail]>
Date: Mon, 02 Mar 2009 12:56:47 -0500
To: john mclean <[e-mail]>
Hello Mr. McLean,
I am writing in reference to the stormwater system at the Pirates Cove Townhomes,
state stormwater permit #SW8 970834, located off Queens Creek Road in Swansboro.
As you may be aware, the state stormwater permit for this subdivision is expired as
of January 26, 2008. Based on an inspection dated January 8, 2009, other issues of
maintenance were also identified. The date for receiving a plan of action to meet
the items of deficiency has passed. It is imperative that communication of how
these deficiencies are to be corrected happens.
If you have any communications with Mr. James Davis or representatives of the
Pirates Cove LLC, please pass this information along. If no communication occurs,
the process of further enforcement including sending a Notice Of Violation will be
followed.
Don't hesitate to contact me with any questions. Thank you for your time and
efforts.
Sincerely,
Angel Hammers
Angela Hammers
Environmental Specialist
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone [phone] ext 7317
Fax [phone]
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.

Compliance Inspection Report
Permit: SW8970834 Effective: 01/26/98 Expiration: Owner: Pirates Cove LLC
Project: Pirates Cove Subdivision
County: Onslow Queens Creek Rd
Region: Wilmington
Cape Carteret NC 28584
Contact Person: James M Davis Title: Chief Operating Officer Phone: [phone]
Directions to Project:
Access is from Queens Creek Road 9NCSR 1509), Swansboro Township
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Cartwheel Branch) (03-05-01 ) (SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 01/08/2009 Entry Time: 09:00 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 09:45 AM
Phone: [phone]
Ext.7317
Inspection Type: Stormwater
Page: 1

Permit: SW8970834
Inspection Date: 01/08/2009
Owner - Project: Pirates Cove LLC
Inspection Type: Stormwater
Inspection Summary:
To bring this permit into compliance, please complete the following:
Reason for Visit: Routine
1. Submit a renewal package to DWQ to include a renewal application, transfer of ownership if needed
and the current $505.00 renewal fee.
2. Submit a copy of the recorded deed restrictions.
3. Remove trees from the side slopes and the berm per the signed O&M agreement. Stabilize the slopes and berm and
revegetate according to the approved plan.
3. Slow drawdown may be attributed to a clogged system. Check the outlet structure to find and eliminate the source of
clogging.
4. Repair the erosive gullies near the outlet structure.
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑
Comment: A copy of the recorded deed restrictions is not in the file.
SW Maanimas voa N., tie uc
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: Trees(evergreens and willows) were observed on the pond side slopes and
the berm between the forebay and main basin. The outlet structure was surrounded by
dense growth of cattails. Erosive gullies were also observed adjacent to the outlet
structure. Catch basins adjacent to the forebay and the main basin had water
accumulated. The water level appeared to be high.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? 0000
Comment: This permit expired on January 26, 200&
Page: 2

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
March 20, 2008
Mr. James M. Davis, Jr.,
Pirates Cove LLC
601 Pelletier Loop Rd.
Swansboro, NC 28584
Chief Operating Officer
Notice of Inspection -NON-COMPLIANCE STATUS
Pirates Cove
Stormwater Project No. SW8970834
New Hanover County
Dear Mr. Davis:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on March 16, 2008 to determine compliance with Stormwater Permit
Number SW8970834 issued on January 26, 1998.
The required actions that are necessary to bring this site into compliance are noted under the
Comments section of the report. Please inform this Office in writing within fifteen (15) days of
the specific actions that will be undertaken and the time frame that will be required to correct
the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact David Cox at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
Pat C. Durrett
Senior Environmental Specialist
PCD/encl: S:IWQSISTORMWATIINSPECT1Pats inspections1SW8970834 cov Itr
cc: Wilmington Regional Office
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North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterauality ore Fax [phone]
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