SW8900711_HISTORICAL FILE_20190409

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 q 061 11
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
© HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE 2 01 010 L+0 9
YYYYMMDD

w
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, April 09, 2019 4:02 PM
To: Ansel, Douglas R
Cc: Payne, John, Sams, Dan, Vinson, Toby; Morman, Alaina; Scott, Georgette
Subject: River Island Subdivision SW8 900711
Attachments: 2018 10 CEI_deficient_copy 900711.pdf; 2019 04 letter-copy 900711.pdf; 2019 04
letter_recvd 900711.pdf; 2019 02 letter_recvd 900711.pdf; 15A NCAC 02H.1000 effective
1988 Ol Ol.pdf
All:
I misspoke about the transfer requirements being in the 1988 rules. I can't find anything specific in the
1988 rules about name / ownership changes. They did not appear in the rules until 1995. However
prior to 1995, we believe that transfers of permits were addressed in the statute.
NCGS 143-214.7 gave the Division the authority to promulgate stormwater rules. NCGS 143-
215.1(a)(11) added those discharges regulated under NCGS 143-214.7 to the list of things for which
a permit is required. NCGS 143-215.1(d1) appears to require an HOA to enter into an agreement
with the EMC as a condition of the permit. The agreement has to cover construction, O&M, financial
solvency, and transfers of ownership. It is customary for the developer to act as the HOA until a
Board is elected / appointed. There is no record of Mr. Sanders, acting on behalf of the HOA, entering
into an agreement with the EMC at the time the HOA was incorporated, which was in May, 1995. In
addition, the deed restrictions were recorded at the same time, almost 5 years after the permit was
issued. Both Nathan and Judia Sanders (his wife) are listed as the initial Board of Directors.
The recorded covenants for River Island do not mention the stormwater permit by name or by
number, but they do call out North Carolina Coastal Stormwater Regulations, and they do contain the
specific restrictions required by the permit, i.e., BUA limits and the state as a beneficiary. The
covenants have no information about transferring ownership of the stormwater permit.
The common area deed of conveyance from Sanders to the HOA does not discuss the permit nor
does it assign responsibility for implementing the permit requirements to the HOA. The deed conveys
all of Grantor's rights, title and interest in the common areas, the marina facility, the bridge that serves
as access to the community, sanitary sewer equipment, irrigation equipment and firefighting
equipment, but nothing about his right, title, interest [and obligation?) in the stormwater permit itself.
I think our best argument for transfer lies in the Certification language itself, as was pointed out in our
April 1, 2019 reply to Mr. Shipman. The certification of compliance is effective from the date of
issuance until rescinded. Mr. Sander's has not requested that it be rescinded, therefore, it is still in
effect. We would not be able to grant a request to rescind the permit because the project covered by
the permit is still active.
Please note that DEMLR's April 1, 2019 letter to Mr. Shipman does not advocate that Mr. Sanders
keep the permit. The letter simply spells out the consequences of not transferring the permit, i.e.,
continued liability for compliance with the permit.
I'm attaching the following files:
t

1. The 1988 rules:
2. The October 2018 letter (CEI_deficient) that started this whole situation;
3. The February 19, 2019 reply letter received from Mr. Shipman;
4. DEMLR's April 1, 2019 letter in reply;
5. The April 5, 2019 reply letter received from Mr. Shipman.
Doug, I'm sorry that I cannot provide you with a firm statute cite for handling ownership changes prior
to 1995. But, I hope I've given you enough information to write the letter to Mr. Shipman.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy. Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(a)ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
%/Nothing Compares,�_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and Inay be disclosed to third parties.
2

r r CAPeR
SHIPM4N & WRIGHT, L.L.P. 0 8'2019�' t--A T T O R IY E Y S A T L A Wv575 Military Cutoff Road,Suite 106 1 Wilmington,NC 28405 �_
P:910.762.1990 F:910.762.6752 800.762.1990 wrvw.shipmanandwright.com
Gary K. Shipman Jennifer D. Scott
Board Certififiea Civil Trial Specialist Certified Real Property Specialist
National Board of Trial Advocacy NCDRC Certified Superior Court Mediator
William G.Wri ht Angeliyue Adams
NCDRC Certified Court Mediator
James T.Moore
W. Cory Reiss
Jillian C.S. Blanchard
Kyle J. Nutt
Author's a-mad:[e-mail]
April 5, 2019
Georgette D. Scott
S. Daniel Smith, Interim Director
North Carolina Division of Energy, Mineral and Land Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 248405
Re: River Island at Tidewater Plantation
Stormwater Management Permit No. SW8 900711
Dear Ms. Scott and Mr. Smith:
I am in receipt of and thank you for your letter of April 1, 2019 that neglects, for obvious
reasons, to address a critical fact— that the State of North Carolina can take no action to compel
Mr. Sanders to undertake any corrective action in connection with the above referenced
stormwater management permit due to the expiration of the statute of limitations and because of
the delays in notifying him of any issues with this system. We have never refused to transfer this
permit. We have refused to undertake any corrective action that the Division deems necessary
prior to the transfer of this permit, and again, your letter fails to address how legally the Division
believes that it can compel Mr. Sanders to undertake corrective action given the passage of the
statute of limitations. Your reference to the 2017 rules makes no difference whatsoever, and
those rules can have no retroactive application to a system that was permitted and constructed
years prior to that.
Again, we're more than happy to transfer the permit to the HOA if the HOA would like
to make that application and have never refused to do that. We continue to refuse to accept any
responsibility for this system over which Mr. Sanders has had no control for many years. If you
have any authority for the position that the statute of limitations has no application to the liability
that you are seeking to impose upon Mr. Sanders, I'm happy to review it.
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Shipman &Wright, L.L.P.
April 5, 2019
Page 2
Thanking you in advance for your continued assistance and cooperation, I am
5Ga
ely yours,
. ipman
GKS/gks
pc: Nathan Sanders
Linda Lewis (via email)

ROY COOPER
Governor
, C
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH NORTH CAROLINA
Interim Director Environmental Quality
April 1, 2019
Gary Shipman, Esq.
Shipman & Wright, LLP
575 Military Cutoff Road, Suite 106
Wilmington, NC 28405
Subject: River Island at Tidewater Plantation
Stormwater Management Permit No. SW8 900711
New Hanover County
Dear Mr. Shipman:
Thank you for your letter of February 19, 2019, responding to the Division's letter of October 31,
2018, requesting that Mr. Sanders make application to transfer the subject 1990 low density
subdivision stormwater permit to the Homeowners Association. The letter indicates that the Division
has no basis to apply the 2017 rules to the permit transfer. Per NCAC 02H.1045(2), the transfer of a
permit (or a certification of compliance) is considered an "application" under the 2017 rules, and
therefore, per NCAC 02H.1001(1)(d), the 2017 transfer rules do apply.
Your letter also indicates that the Division has no basis for requiring Mr. Sanders to transfer the
subject permit to the HOA. If the permit is not transferred, then the responsibility and liability for
maintenance and for dealing with any future compliance issues associated with the subdivision, will
remain with Mr. Sanders. Mr. Sanders conveyed ownership of the common areas of the subdivision
to the Association on December 19, 2000, (ref. DB 2853 at PG 818), therefore, Mr. Sanders will
need the permission of the HOA in order to inspect and maintain the permitted stormwater system.
The conveyance of the common areas to the HOA has never been and cannot be considered an
automatic transfer of the permit to the HOA. This argument has been put forth many times over the
years by other permittees who conveyed common areas but who failed to transfer the certification of
compliance (i.e., the permit). The Division has consistently stated that only the Division can approve
the transfer of a stormwater permit to a new permittee.
The New Hanover County Building Safety Department has no authority to enforce state stormwater
permits or BUA limits. The ability to obtain a building permit does not imply compliance with the
permitted BUA limit. While Mr. Sanders holds the permit, it is his responsibility to ensure that all lots
maintain compliance with the maximum BUA limit as set forth in his permit.
As stated in the August 13, 1990 certification of compliance, it "is effective from the date of
issuance until rescinded..." The certification of compliance has not been rescinded, therefore, it is
still in effect and it is still in Mr. Sanders' name. Whether or not the Division has communicated with
Mr. Sanders or not over the last 18 years has no bearing on Mr. Sanders' obligation to comply with
the provisions of the stormwater permit and the requirements of the stormwater rules under which
the permit was obtained.
As stated in the August 13, 1990 certification of compliance, "...the project shall be constructed in
accordance with the plans and specifications as filed with the Wilmington Regional Office." The
permittee is obligated to provide the documentation requested by the Division to demonstrate
compliance with the permit. DEMLR is seeking verification from the permittee that this 10-lot
subdivision has maintained compliance with the BUA limit and other aspects of the permit and of the
low density stormwater rules.
:yam North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
eDKF Wilmington Regional Oft7ce 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
rvomrcwaura
^W^r� 910.796.7215

State Stormwater Permit No. SW8 900711
Page 2 of 2
The main take-away point of this letter is that if the permit is not transferred, then Mr. Sanders
remains responsible for compliance with the permit. I hope you find this information helpful as you
assist Mr. Sanders in determining if the disadvantages of keeping the permit outweigh the
advantages of transferring it to the HOA. If you have any questions, please do not hesitate to contact
Linda Lewis in the Wilmington Regional office at Tel. [phone] or via email at
[e-mail].
Sincerely,
jos S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
GDS\arl: G:\\\Stormwater\Permits & Projects\1990\900711 LD\2019 04 letter 900711
cc: Nathan Sanders
Toby Vinson, DEMLR
Alaina Mormon, DEMLR
Wilmington Regional Office Stormwater File

ALewis,Linda
From: Lewis,Linda
Sent: Thursday, March 21, 2019 5:22 PM
To: Ansel, Douglas R; Lucas, Annette ([e-mail]); Vinson, Toby; Smith,
Danny
Cc: Scott, Georgette
Subject: FW: River Landing Subdivision SW8 900711
Attachments: 2019 02 letter_recvd 900711.pdf; 1990 08 permit 900711.pdf; 2018 10 CEI-deficient
900711.docx; 2019 03 letter 900711.docx
I need a response or advice or something on this matter, please. It's been more than 30 days and I need to
reply. If I don't hear from you by COB March 22, 2019, I'm going to send out the attached draft letter next
Monday.
Sorry to be so blunt.
Linda
-----Original Message-----
From: Sams, Dan
Sent: Tuesday, February 26, 2019 9:40 AM
To: Ansel, Douglas R <[e-mail]>; Lucas, Annette <[e-mail]>; Vinson, Toby
<[e-mail]>; Smith, Danny <[e-mail]>
Cc: Scott, Georgette <[e-mail]>; Lewis,Linda <[e-mail]>
Subject: FW: River Landing Subdivision SW8 900711
Doug et al:
Please review the attached material in order to give a response to the Sanco Builders Corporation attorney
Gary Shipman. We sent notification of the transfer requirements to Sanco Builders last October. Mr. Shipman
is responding that because this project was permitted in 1990 prior to the implementation of NCGS 143.214.7;
therefore, we had no authority to require Mr. Sanders to provide the transfer documentation since the
certification of compliance was issued in 1990 before the current 2017 transfer law became effective.
Our perspective is reflected within the certification of compliance, which states the certification is effective
until rescinded, and that the project must be constructed in accordance with the plans and specs filed with the
WiRO. The certification has not been rescinded and therefore, it is still in effect. Mr. Sanders is still the
considered the permittee of record and must demonstrate to the Division that the project has been
constructed in accordance with the plans and specs filed with WiRO. He'd have to do that regardless of
whether he wanted to transfer the permit or not.
Mr. Shipman does not give us an alternative with his response. Unless Mr. Sanders and Sanco Builders plans
to retain stormwater responsibility for River Land Subdivision in perpetuity, we must get the information
necessary to allow a transfer. Please let us know how we need to proceed. The attachments include a draft
for response currently with Linda Lewis as the signatory that the text of which you are welcome to change as
needed. If you feel that you or I should be the signatory instead, please let us know.
t

Thanks....
Daniel Sams, PE `
-----Original Message-----
From: Lewis,Linda
Sent: Monday, February 25, 2019 6:20 PM
To: Sams, Dan <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: Emailing: 2019 02 letter_recvd 900711, 1990 08 permit 900711, 2018 10 CEI_deficient 900711, 2019
02 letter 900711
For your convenience, I've included a copy of the permit, the October 2018 inspection letter, the letter we
received from Attorney Gary Shipman on 2-21-19 and our draft response letter. Should you elect to forward,
Doug will need to see all these items in order to determine if we have adequately responded.
Your message is ready to be sent with the following file or link attachments:
2019 02 letter_recvd 900711
1990 08 permit 900711
2018 10 CEI_deficient 900711
2019 02 letter 900711
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
2

Lewis,Lincla
From: Lewis,Linda
Sent: Tuesday, February 26, 2019 8:42 AM
To: Sams, Dan
Cc: Scott, Georgette SS�Zw�
Subject: Riv Landin ubdivision SWS 900711
Attachments: 2019 etter_recvd 900711.pdf, 1990 08 permit 900711.pdf, 2018 10 CEI_deficient
900711.docx, 2019 02 letter 900711.docx
Sorry- I forgot to reference the project name in the subject line. This is the project I discussed with you
yesterday regarding the letter we received from Attorney Gary Shipman, saying that we had no authority to.
require Mr. Sanders to provide the transfer documentation. He bases this on the fact that the permit
(certification of compliance) was issued in 1990 before the current 2017 transfer law became effective.
My best thought regarding this matter is right there in the certification of compliance. It says that the
certification is effective until rescinded, and that the project must be constructed in accordance with the plans
and specs filed with the WiRO. The certification has not been rescinded and therefore, it is still in effect. Mr.
Sanders is still the considered the permittee of record and must demonstrate to the Division that the project
has been constructed in accordance with the plans and specs filed with WiRO. He'd have to do that regardless
of whether he wanted to transfer the permit or not.
Linda
-----Original Message-----
From: Lewis,Linda
Sent: Monday, February 25, 2019 6:20 PM
To: Sams, Dan <[e-mail]>
Cc: Scott, Georgette <[e-mail]>
Subject: Emailing: 2019 02 letter_recvd 900711, 1990 08 permit 900711, 2018 10 CEI_deficient 900711, 2019
02 letter 900711
For your convenience, I've included a copy of the permit, the October 2018 inspection letter, the letter we
received from Attorney Gary Shipman on 2-21-19 and our draft response letter. Should you elect to forward,
Doug will need to see all these items in order to determine if we have adequately responded.
Your message is ready to be sent with the following file or link attachments:
2019 02 letter_recvd 900711
1990 08 permit 900711
2018 10 CEI_deficient 900711
2019 02 letter 900711
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
r

SHIPM4N & WRIGHT, L.L.P.
A T T O R N E Y S A T L A W
575 Military Cutoff Road,Suite 106 I Wilmington.NC 28405
P:910.762.1990 F:910.762.6752 1800.762,1990I vvww.shipmanandwright.com
Gary K. Slit man Jennifer D. Scott
Board Cerhflert Civil Trial Specialist Certified Real Property Specialist
National Board of Trial Advocacy NCDRC Certified Superior Court Mediator
William G. Wni ht Angelique Adams
NCDRC Certified upenor Court Mediator
W. Cory Reiss James T. Moore
Kyle J. Nutt Gregory M. Katzman
Jillian C.S. Blanchard
Writer's email: gshipmanl shipmanlaw.com
February 19, 2019
Linda Lewis
Environmental Engineer 11
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension ECEIVE
Wilmington, North Carolina 28405 FEB 2 1 20`5
VIA EMAIL AND FIRST CLASS MAIL
[e-mail]
Re: State Stormwater Management Permit No. SW8 90071 1
River Island at Tidewater Plantation Subdivision
New Hanover County
Dear Ms. Lewis:
As you know, this office represents Sanco Builders Corp., and in that regard, I have been
provided a copy of your communications with Candi Alexander of Sanco, your letter to Mr.
Sanders of October 31, 2018 and I have obtained and reviewed a complete copy of DEQ's file on
this matter, and reviewed other documents of record pertaining to River Island. On that basis,
we offer the following.
River Island is a small, performance residential subdivision, the initial section of which was
platted and recorded on or about May 12, 1995 in Map Book 34 at Page 381 of the New Hanover
County Registry. The Declaration of Restrictions of River Island was recorded on that same
date, in Book 1882 at Page 128 of the New Hanover County Registry, and Section 19 thereof
contains the required restrictions of "built upon areas' ("....each lot shall not exceed 6,350
square feet, unless and until, the State of North Carolina shall revise its Stormwater runoff
regulations to permit a greater built upon area for each lot") and that "..compliance may be
enforced by the State of North Carolina." Upon the "sell out" of the lots within this subdivision
complete, the "common areas, access easements, utility easements, sewer easements, drainage
easements and other easements" with conveyed to the River Island Owners Association, Inc., by
Deed recorded on December 19, 2000 in Book 2853 at Page 818 of the New Hanover County
Registry.
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Shipman & Wright, L.L.P.
Februan, 19, 2019
Pagc 2
Your email communications to Mr. Sanders of October 30, 2018 and subsequent letter to him of
October 31, 2018 were the first communications that anyone has had with him regarding this
subdivision in almost eighteen (18) years. In the interim period, homes have been completed on
River Island pursuant to building permits issued and inspections conducted by New Hanover
County. The River Island Owners Association, Inc., has been a viable entity throughout this
period with the duties and responsibilities contained within its duly recorded Bylaws. From and
after December, 2000, Sanco nor anyone associated with Mr. Sanders had any control over this
association, nor any control regarding what was constructed within River Island.
As you know, it was not until July 1, 2006 that N.C.G.S. §143-214.7 was amended to insert
section (cl), providing for enforcement of, among other things, storm water permits issued by
DEQ, and not until July 1, 2011 that the statute was further amended to insert section (c2)
regarding the transfer of a permit. These provisions regarding transfer of any permit were not in
effect in 2000, and there is no indication that Sanco or Mr. Sanders failed to do anything it was
otherwise required to do. Any liability of Sanco and/or Mr. Sanders would be subject to a three
(3) year statute of limitations which has long expired. We find no basis, therefore, for Sanco or
Mr. Sanders to be compelled to undertake any of the items contained in your email
communications with Candi Alexander of November 9, 2018 in connection with a transfer, if
any, of the original stormwater permit. While we would certainly cooperate with the River
Island Owners Association, Inc.'s efforts, if any, to seek to transfer this permit to it, 1 find no
authority for DEQ to impose upon Sanco or Mr. Sanders the obligation to gather the required
documentation to do so.
Thanking you in advance for your consideration of our position, I remain
Sincerely yours,
ts hipman
c.c.: Nat . Sande

Lewis,Linda
From: Lewis,Linda
Sent: Friday, November 09, 2018 10:57 AM
To: 'Candi Alexander'
Cc: Nathan Sanders; Sanco Homes
Subject: RE: [External] River Island SW8 900711
Candi- a transfer of a permit from the developer to the HOA requires much more than just signing a
form.
We will need the following documents to be submitted with the transfer application, which
demonstrate compliance with the permit and the rules:
1. BUA records which verify that no lot has exceeded the permitted maximum BUA limit. These
can be from Google, County property tax records, as-built surveys, etc.;
2. If not already submitted, recorded covenants which show that the required stormwater
statements and BUA limits have been recorded;
3. Recorded plats which verify that the actual number of lots does not exceed the permitted
number of lots and which shows the locations of the rights-of-way and drainage easements;
4. Ownership records which verify that more than 50% of the lots have been conveyed to
individuals;
5. Common area deeds which verify that ownership of all common areas (if any) has been
conveyed to the HOA;
6. Information that proves the HOA is a registered entity with the NCSOS and who the contact
person is. Note that while a management company can be listed on the transfer application,
the management company CANNOT be listed as the proposed permittee or as the HOA
contact. The HOA contact must be the president or vice president of the HOA;
7. If this were a high density project, then a copy of the designer certification would be required
as well.
Once we receive the completed and signed permit transfer application, and all the required
documentation listed above, DEMLR will conduct the compliance inspection. If the site is determined
to be in compliance, the permit will be transferred. If it's not in compliance, the identified compliance
issues will need to be resolved and the site reinspected and determined to be in compliance, before
the transfer is approved.
The post-construction permit transfer application is available at our website at this link:
https://deg.nc.goy/about/divisions/energv-mineral-land-resources/energv-mineral-land-
rules/stormwater-program/post-construction. It's the third document listed under New Permits and
Project Modifications.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewistadncdenr.gov
r

Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
tit
'Nothing Compares �.;.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Candi Alexander<[e-mail]>
Sent: Friday, November 09, 2018 10:28 AM
To: Lewis,Linda <[e-mail]>
Cc: Nathan Sanders <[e-mail]>; Candi Alexander<[e-mail]>; Sanco Homes
<[e-mail]>
Subject: [External] River Island
External email. Do not click links or open attachments unless verified.Sentl all suspicious email as an attachment t"o
Linda,
We received the email about transferring the River Island permit to the HOA. From what I read it seems that we only
need to sign an application. Could you please email me
a copy of the application so that we can move forward and also to confirm that I am using the correct form.
Thanks,
Candi Alexander
Candice 0 Alexander
Sanco Builders Corp, President
Dominion Land Corporation, VP
[phone] Ext. 2 Office
candi @sancohomes.com
2

Lewi's,Linda
From: Lewis,Linda
Sent: Wednesday, October 31, 2018 11:15 AM
To: 'Nathan Sanders'
Cc: Michael Dean; 'Candice Alexander'
Subject: River Island Subdivision SW8 900711
Attachments: DEMLR WIRO Letterhead-Color 2018 09 OS.pdf
All:
Attached please find the Division's request to transfer the subject stormwater permit from Sanco
Builders to the River Island Owners Association.
Please let me know if you have any questions.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewist7a ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
'Nothing Compares
-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
1

Lewis,Linda
Full Name: Michael Dean
Last Name: Dean
First Name: Michael
Job Title: President
Company: River Island Owners Association
Email: [e-mail]
Email Display As: Michael Dean
SW8 900711 HOA president
1

Northijarolipa Secretary of State Scarch Results Page 1 of 1
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non-Profit Corporation
Legal Name
RIVER ISLAND OWNERS ASSOCIATION, INC.
Information
Sosld: 0369215
Status: Current-Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 5/8/1995
Registered Agent: Powell, Andrew J., Jr.-
Addresses
Reg Office Reg Mailing
123 Island Bridge Way 123 Island Bridge Way
Wilmington, NC 28412 Wilmington, NC 28412
hops://N-Aw.sosnc.gov/online_services/search/13usiness_lZcgistration_lZesults 10/30/2018

SOS I D: 0369215
Date Filed: 9/19/2003 8:22:00 AEI
Elaine F. Marshall
North Carolina Secretary of State
STATE OF NORTH CAROLINA C2 00323 0001 38
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the ersigned entity submits the following for the purpose of
changing its registered office and/or registered agent th the State ort olina.
INFORMAT ENTLY ON FILE
The name of the entity is: k)UT2 IS&4t c ACfW-naa�'
Entity Type: ❑Corporation,❑Foreign Corporation,DKonprofit Corporation,❑Foreign Nonprofit Corporation,
❑Limited Liability Company,❑Foreign Limited Liabilitv Company❑Limited Partnership,❑Foreign Limited Partnership,
❑Limited Liability Partnership,❑Foreign Limited Liability Partnership
The street address and county f the e it 's registered o tcc curre it o file is: - --`
Number and Street: r� —�S�e/b=��att t t V 'S
City, State, ZipCode:
I Ip t 7a7C� /—rA...---
x J
County:_�rw N 19,6rmV r✓j
The mailing address if he strut address of the registered oilice currently on file is:
The name of the current registered agent is: A)4-PM V A,
7 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: 1A2 , P��2�
City, State, Zip Code:14?L( tt•t A ,l'1, W2— County:
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
3. The Dame of the new registered agent and the new agent's consent to appointment appeears,b_elow:,
(cooni letsI e this Item only if the name of the registered agent is being change l "
Type or Print Name ojNew genA t 'Signature& Title
4. The address of the entity's registered office and the address of the business office of its registered agent,as changed,
will be identical.
5. This statement will be effective upon filing,unless a date and/or time is specified: Q
This is the day of 20�. 'jr R 1,5 e",4 u(t r �Cv,t•9 tCe ,�1
TT Ent awe
Signature CT)uS
,U Few � tti z� � (`L5 t71�
T)pe or Print Name and Title
Notes: Filing fee is S5.00. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH,NC 27626-0622
Revised January 2002 Form BE-06

J . .
• U �°
�r aC
STATE
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
WILLIAM E.(TOBY)VINSON,JP
Interim Director
October 31. 2018
Sanco Builders Corporation
Attn:Nathan Sanders, President (via email: nalhcm a sancohomes.coni)
PO Box 3167
Wilmington,NC 28406
Subject: Notice of File Review Inspection and Request for Transfer
River Island Subdivision
State Stormwater Permit No. SW8 900711
New Hanover County
Dear Mr. Sanders:
Effective August 1,2013, the State Stormwater program-was transferred from the Division of Water Quality
(DWQ)to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ
will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note
that this letter references DEMLR as the Division responsible for issuance of the permit.
On October 30, 2018, the Wilmington Regional Office of DEMLR conducted a file review of the subject
project currently operating under Stormwater Management Permit Number SW8 900711 originally issued to
you on August 13, 1990, under the 1988 version of the stormwater rules.The permit covers the construction of a
10-lot low density subdivision located off River Road in New Hanover County, with each lot limited to a
maximum of 6350 sf of BUA.
DE\4LR received a phone call from a resident inquiring about the allocated amount of built-upon area for the
lots. DE\4LR's subsequent search of the Register of Deeds website; county tax records and NCSOS website
revealed that the ownership of the common property covered by this permit was conveyed to the River Island
Owners Association via 2 separate deeds, one dated December 19, 2000 and the other dated December 29,
2008, without notification to the Division.
Please note that several options are now available for transferring this permit to a Homeowner's Association.
Per 15A\'CAC 021-1.1045 (the 2017 stormwater rules) and NCGS 143-214.7, permit transfer applications
shall be accepted by the Division under the following scenarios:
1. Upon the request of the current and proposed permittee, where both the current and proposed
permittee sign the transfer application.
2. Upon the request of the current permittee to the HOA or POA, where only the current permitter
signs the transfer application. Specific submittal requirements are listed in G.S.143-214.7(c2),
3. Upon the request of a successor owner of the property on which the permitted activity is occurring or
will occur. Specific submittal requirements are listed in G.S.143-214.7(c5).
The transfer application form is available on our website at : https://deq.nc.,ov/about/divisions/enerev-
mineral-land-resources/enerey-mineral-land-rules/stormwater-program/post-construction. The transfer
application form explains the submittal requirements for each type of transfer that is available.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 [insert permit number]
Page 2 of 2
It is your responsibility as the current permittec to complete, sign and submit the permit transfer form.
Please submit a transfer application to this Office before December 1,2018 along with the required
documentation listed on the form. Anv individual or entity found to be in noncompliance with the provisions
of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth
in NCGS 143 Article 21. Failure to provide the requested information,or to respond to this letter by the due
date, may initiate enforcement action including the assessment of civil penalties.
If you have any questions about the transfer process, please contact me in the Wilmington Regional Office, at
telephone number(910) 796-7215 or via email at linda.levisnncdenr.gov.
Sincerely;
z6f-&a C�euae
Linda Lewis, E.I.
Environmental Engineer III
GDS/arl: G:\\\Stormwater\Permits & Projects\1990\900711 LD\2018 10 CGI_deficient 9000711
CC' Michael Dean,President, River Island Owners Association (via email: michaeldeanl((i).amccom)
Candi Alexander, Sanco Builders Corp. (via email. acanrlicelhtm nnail.conv
WiRO Stormwater Permit Pile

- C p
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m
SPn$S FOP RP EC?9',C':sEG:aTEP OF pEcDS
R16yi'.N
EtLV�� 2000 JEC g 2Ot]By53 C PEI ax 3863 PG 8t8-a2' FEE S12 08
NO IN6TRJIIENT i 662330
Excee Tax D.OD Rewrding Pine.Book end Page
Tax Lot No Parcel Identifier No RO8111-003—Wl—OOC ,
Verified by County on the day of
by
Mail after recording to
RETURNED TO
This n atrument was prepared by Daniel D. Mahn, .Attorney at Law
Brief description for the index
Common Areas— P.rrer Island
NORTH CAROLINA G1 NERAL WARRANTY DEED
THIS DEED made this 12th day of Docemher 2000 by and between
GRANTOR GRANTEE
NATHAN S. SANDERS ar.d wife, RIVER ISLAND CF'NERS ASSOCIATION, INC.,
JGDIA B. SANDERS a North Carolina Nonprofit Corporation
and
SANCO OF VILMINCTCN SERVICE
CORPORATION, a North Carolina
Corporation
Enter In appropriate Week for in party name,addrrs;and, If appropriate, character of entity,e a onlination or pirineratilp
The designation Grantor arid Grantee as used herein sha!t include said parties, thmr -tcrs, successors, and assigns, and
shatt include singular, plural, masculine, feminine or re'ater as required by context
WITNE°CSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which :s hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situatec in the City of I Federal Point Township,
New Hanover County,Nort- Carolina and more perticularly described as follows
Being all of that proper Cc described in Exhibit A hereto attached and
incorporated herein by reference.
N C bay 2 c F.—No 3 O lsl/ R—i-JkJ lo)]

1
The property heremabove described was accuired by Grantor by instrument recorded In the New Hanover County .
Regis Cry
A map showing the above described property is recorded In Plat Book page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all pri ileges and appan.erances thereto belonging to
the Grantee in 'ee_simple
Arid the Grantor covenants with the Grantee, that Grantor is seized of the premises:n fee simple, has the right to convey
:he same in fee simple, that title :s marietable and free and clear of all encumbrances,and but Grantor will warrant and
defend the title against the lawful claims Of all persons eiom solver except for the exceptions hereinafter stated
Title to the property hereinabove described is subject to the following exceptions
Restrictions, zoning and land use ordinances, easements and rights of way
of record.
�' WITNESS waeaeor. the ennmr ras nueunn set nu nano+ e x+4 or Dorau, n on a narument to be ,lanes m In
corPaute ° r[.name Dy its duly authorhea officals and its seal to be hereunto allied au0 rr fly u( no+ra Dse We say +na ye+f first
above written
$FNCQ_C -_WT_LMINCTO\_$' GIC3-CQRPOnTIOi(.-- _ __ _ _ _ -----
_______________________<sewi.l
,j teorpoSAn s
p I//J�� //l�
,�. _ - - -- — ------
n' (�N _ resident -.- Ju B. Sanders
p
----iTas---- 'M (C......r seat) v--_ :
0
L' C �- �� �tD1988 eC ••"•.,•EAL-STAMP o NeyHaRoyfir- _ _ /rbY¢•,,
i y L a Notary public or the county and state aforesaid, re rlltr I,.,
Judta B. Sanders
C De(sonally appearetl Defore me His Gay and acknowlea[ed the exetunon of We role,
nand..it official zumDor[cal.this_1211_ my m llecenber-_ .--_----- -iti.S•y ,
....1 --
�/
October 16, 2005 -`-TF-'-`--'---l- _ �A 1 T c
.xY com.m:zan eivwo __-------------_-___-__--- ____ti 4.I+eun en c
,.aeArRiM NORTH CAROLRiA, -._New Hanot_er_-_ ___---co°nry
YC 4A 1, . attar: Public or one wanly one sole at.,...Id. <rrtor UO -Judie_
r �l ear
'F .'a 'h �`•. q,', p.rsnnab Came before me this war and a<anowaea[ee chat__s he Is-------------ofor,
= SANCO OF WI MIPiGTON SERVICE---- a i
CORPORAT'UY.m,canhn.romo..tpk�
� 'e• :: _. ° --------------
Is,. ... as We act or the corporation, me Portion., mztriment real silicon 1
•` President,sulfa With its<trvtot.seal aria a0esha by --_ter-. -as us-__ _-_ '-?-I �Sp t.y�..IT•:
s
wine[[my hand aria mu.m .omD o, .r."cols _72eh d,y Decem er t� "a 9� '-
t�.a.A4 _____ __________ G'1
a;
•``y� 0¢ober i6 �00`. _ _ �•
JI(yRwwrr p1Y<°mmissson uWres -: -e. - / .uorary PUDO<
The rure. of
------
lira . rOfled to be correct This instrument and this rertioc— are duly registered at the date and bee,..a m be Rook and P... snavn on Car
nrit Da[r artery
_____ .__.- --- -REOI'eTER Or nFXD6 TOR__ _ _ -COtI.NTY
R> ------------------------------ --------------------------_..-_---D....y/Aasi,out.register°1.—it.
e mar>zs<t Pt)- no a if 1 wb R .d an 9 wrr ,..�.wa�..m,rn ,.. eta.,11 e..,..,..n<life,

Exhibit A
Tract 1:
Being all of the common areas, access easements, utility easements,
sewer easements, drainage easements and other easements as shown on -
that map of Section 1, RIVER ISLAND at TIDEWATER PLANTATION,
recorded in Map Book 34 at Page 381, as revised by that revision
map recorded in Map Book 35 at Page 134 of the New Hanover County
Registry, reference to said maps being hereby made for a more
particular description.
Tract 2:
Being all of the common areas, access easements, utility easements,
sewer easements, drainage easements, and other easements as shown
on that map of Section 2, RIVER ISLAND at TIDEWATER PLANTATION,
recorded in Map Book 35 at Page 256 of the New Hanover County
Registry, reference to said map being hereby made for a more
particular description.
Tract 3 :
Being all of the common areas, access easements, utility easements,
sewer easements, drainage easements, and other-easements as shown
on that map of Section 3, RIVER ISLAND at TIDEWATER PLANTATION,
recorded in Map Book 38 at Page 61, as revised by that revision map
recorded in Map Book 40 at Page 86 of the New Hanover County
Registry, reference to said maps being hereby made for a more
particular description.
Tract 4:
All of Grantors right, title, and interest in and to that boat
marina facility, including all piers, docks, slips, pilings, ramps,
and equipment associated with the said marina facility located in
and on the Cape Fear River west of and adjacent to RIVER ISLAND at
TIDEWATER PLANTATION at the western terminus of that access
easement entitled "common area" located along the common boundary
lines of Lot 7 and Lot 8, Section 2, RIVER ISLAND at TIDEWATER
PLANTATION, as shown on that map recorded in Map Book 35 at Page
256 of the New Hanover County Registry.
Tract 5:
All of Grantors' right, title, and interest in and to that bridge
and the approaches to the said bridge, and all equipment associated
with the said bridge, including gates, locks, electronic gate
opening equipment and all electrical apparatus associated with the
said bridge, said bridge and approaches being located on Island
Bridge Way west of River Road (S.R. 1100) as shown on the above
referenced maps of Sections 1, 2, and 3, of RIVER ISLAND at
TIDEWATER PLANTATION.
Tract 6:
All of Grantors' right, title, and interest in and to all sanitary
sewer equipment, including pumps, lines, pipes, and other similar
apparatus; all irrigation equipment, including pumps, lines,
" sprinklers, and other similar apparatus; and all firefighting
equipment and apparatus, including tanks, hydrants, pumps, and
other similar apparatus, located at RIVER ISLAND at TIDEWATER
PLANTATION as described on the above referenced maps.

f
NpvER co
Gy
�1
0F Ho,RTNGQ�°
REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
.........................«...,,.,...,.....,.«..,......,,,.,,..,.,,,.,.,.....,,,,...,.....,.,,..,........,,......
,.,,
Filed For Registration. 12/19/2000 02:28 53 PM
Book- RE 2853 Page: 818-821
Document No.: 662370
DEED 4 PGS $12 00
Recorder PATRICIA BARNES
State of North Carolina, County of New Hanover
The foregoing certificate of DANIEL D MAHN Not ry is rti /d to be or ect.This 19TH of December 2000
REBECCA T. CHRISTIAN , REGISTER OF DEEDS 1
Deputy/ 4ent egisterofDeeds
* 662370 *
662370

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, October 30, 2018 4:37 PM
To: 'Nathan Sanders'
Cc: Candi Alexander, 'Candice Alexander'
Subject: FW: River Island Subdivision SW8 900711
Attachments: 1990 08 permit 900711.pdf; 1995 05 deed 900711.pdf
Contacts: Amanda Thomas
Mr. Sanders:
I ran across another old permit that you own that has not been transferred (see attached).
Please submit the necessary transfer application and fee to start the process of transferring this
permit to the HOA.
Thanks,
Linda
From: Lewis,Linda
Sent: Tuesday, October 30, 2018 4:32 PM
To: 'Amanda Thomas ([e-mail])' <[e-mail]>
Subject: River Island Subdivision SW8 900711
Ms. Thomas:
Here's what I know about this project:
You and your husband own Lot 7 in River Island Subdivision, covered by stormwater permit number
SW8 900711. The permit was issued to Nathan Sanders, Sanco of Wilmington Service Corporation
on August 13, 1990, copy attached. The permit was for the construction of a 10-lot low density
subdivision, with.each lot allocated a maximum of 6,350 square feet of built-upon area.
A copy of the recorded deed restrictions was received on July 6, 1998. They had been recorded on
May 12, 1995 in Deed Book 1882 at Page 128 of the New Hanover County Register of Deeds.
Sections 2 and 3 of the subdivision were brought into and made subject to the previously recorded
restrictions in separate documents. Lot 7 is part of Section 2 which is referenced on your recorded
deed as being subject to the restrictions and covenants recorded in Deed Book 1979 at Page 823,
which refer back to the restrictions in DB 1882 at PG 128. The BUA limit is referenced in Section 19
on page 7 of that recorded document, along with the other required statements regarding stormwater
requirements.
I do note that the permit remains in the name of Nathan Sanders and has not been transferred to the
River Island Owners Association, Inc. I will be contacting Mr. Sanders to initiate that process. Do you
happen to know the name and contact information for the current HOA president? It will help us to
know where to send copies of the correspondence.
t

.
Hope that helps.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(d)ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
!''Nothing Compares -1
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
z

t,1
II Jennifer H. MacNeish
Register of Deeds
New Hanover County, NC
Electronically Recorded
2012 Aug 24 04:26 PM RE Excise Tax:S1,800.00
Book. 5666 Page: 1003 Fee: S26.00
Instrument Number:2012028846
Non-Standard Fee'.
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $1,800.00
Parcel Identifier No. R08111-003-003-000
Property Address: 123 Island Bridge Way W lmington NC 28412
Prepared By. Baker& Colby,PLLC
co Return to: 1001 Military Cutoff Rd.,Suite 204
CO
o Wilmington,NC 28405
N
NBrief Description for the Index: Lot 7 Section 2 River Island at Tidewater Plantation
THIS DEED made this 9� day of August,2012,by and between
GRANTOR GRANTEE
Elizabeth Ann Powell John Alexander Thomas, unmarried
and husband Andrew). Powell
Mailing Address: 223 Windchime Way Mailing Address: 123 Island Bridge Wav
Leland,NC 28451 Wilmington,NC 28412
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
WITNESSETR that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of Township, New
Hanover County,North Carolna and more particularly described as follows:
See attached Exhibit "A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book_page
A map showing the above described property is recorded in Plat Book 35 page 256.
Submitted electronically by "Baker & Colby, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.

i
i
TO I-LAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that ude is marketable and free and dear of all encumbrances, and that Grantor will
warrant and defend the tide against the lawful claims of all persons whomsoever, other than the following exceptions:
Subject to ad valorem taxes_;all applicable zoning and land use ordinances, statutes and regulations;and
to the provisions of all applicable restrictive covenants and utility easements of record.
IN WITNESS WHEREOF,the Grantor has duly execrated the foregoing as of the day and year first above written.
(Entity Nune) r = C.: �., . .;<.:.r.'SF.Af)
Z Elizabeth iLn Powell
By y This'pr perty I'' / is not my main residence
IZTitle: /. . -�..�.1�f �_; ,�'%( !SF AI
By O Andrew 1.Po 3 .
Title: �` This property is ✓is not my primary residence
CVC
Bv: .7 (SEAL)
p
Title: L]
Ut
✓ (SEAL)
SEr1L.- r.�.
. .r• ,I-Vi,tJt.v. County State of
o „ I certify that the following person(s) personally appeared before me this day, each
4 AZ
Qo acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Elizabeth Ann Powell and Andrew 1.
�o Dm.hO
? �o Dated J, t1
j
a Printed Name: {,\ �- Li. t Nota Public
� M• convitissione ties: '' � -� -� ('��- ���`- rV
-STAMP County State of
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:
Dated:
My commission expires: Printed Name: ,Notan-Public
The foregoing Certificate(s) of is/are certified
to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page
shown on the first page hereof.
Register of Deeds for County
By: Deputy/Assistant—Register of Deeds

l
EXHISIT'A'
BEING ALL OF LOT 7, SECTjON 2, RIVER ISLAND AT TIDEWATER PLANTATION,
AS SHOWN ON THA)�eMAP CORDED IN MAP 000K 35 AT PAGE 256, OF THE
NEW HANOVER COUNTY REGISTRY, REPERENCE TO WHICH IS HEREBY MADE
FOR A MORE PARTICULAR DESCRIPTION.
SUBJECT TO.THAT DECLARATION OF RESTRICTIONS RECORDED IN BOOK 1979
AT?AGE 823 OF THE NEW HANOVER COUNTY REGISTRY.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND
REGRESS ON, OVER, AND ACROSS ISLAND BRIDGE WAY AND THAT BRIDGE AS
SHOWN ON THOSE MAPS RECORDED IN MAP BOOK 34 AT PAGE 381 AND IN MAP
BOOK 35 AT PAGE 256 OF THE NEW HANOVER COUNTY REGISTRY.

n
/O
V�
1�1�1 �11�119iJ�ll'I�I�III I IIrWllll!
" 2008047636
FOR REGISTR4710N REGISTER OF iX.E'JS
JENNIEER H, KCNEISY
I HPNOvER CCIINTY, NC
M DEC 29 a4:14:17 Pr
9K:6366 K2176-20 FEE $23.601
Itk73 OF ; MI N7636
Prepared by and Return after Recording to:
Nathan Sanders
PO Box 3167
Wilmhuton,NC 28406
STATE OF NORTH C.AROLINA PARCEL ID frR08100-004-022-000
O�RO8100-004-021-000
COUNTY OF NEW HANOVER EXCISE TAX: NO REVENUE STAMPS
GIFT DEED
THIS GIFT DEED, made this /616 day of December, 2008 by and between NA THAN S.
t SANDERS and wife,IUDIA B.SANDERS.a North Carolina limited liability company,whether
one or more,called GRANTOR and RIVER ISLAND OWNERS ASSOCIATON, INC.,a North
Carolina Non-Profit Corporation, whether one or more, called GRANTEE, with a mailing
address of 120Island Bridge way,Wilmington,NC 28412.
WIMMETII TIIAT.
GRANTOR,for and in consideration of a gift and other good and valuable consideration,the
receipt whereof is hereby acknowledged,has remised and released and by these presents does
give,grant,convey,remise,release and forever quitclaim unto the GRANTEE,their successors
and assigns forever,all that certain real property located in New Hanover County,North
Carolina,described on the attached Exhibit".A"incorporated herein by this reference.
TO HAVE AND TO HOLD the above granted and described property and all privileges
thereun-to belonging to the GRANTOR, free and discharged from all right,title,claim or interest
of the GRANTOR or anyone claiming by,through or under them. -

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.
IN TESTL\JONY WHFPEOF,said GRANTOR has hereunto set their hands and seals as of the
day and year first above-written.
N HAN S. SAT,Q. ERS, dividually
JTP B. SANDERS,Individually
RIVER ISLAND OWNERS
ASSOCIATION,INC.
Christopher M.Jarnes,'10fcsident
STATE OF NORTH CAROLINA
COUNTY OF NEW IIANOVEER
I, vbtn D. 't'i<-t'W a Notary Public in and for the State and County
aforesaid,do hereby certify NATHAN S. SANDERS, personally appeared before me this day,
and acknowledged the due execution of the foregoing instrument.
.,'�t. p p1'J;tness my hand and official seal,this day of December,2008.
��O TAI?y
P, CQtytl�ssion Expires:
n. ,
Not Public
STATE OF NORTH CAROLNA
COLNTY OF NTW HANOVER
1, �Ob4-, �. �0.V1- a Notary Public in and for the State and County
aforesaid,do hereby certify JUDIA B. SANDERS, personally appeared before me this day, and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal,this U41N day of December,2008.
..... JPt
NQvTvGQnj7Urti56ion-Txpires: �7-�-•�� �^^k-
r' Notary Public
U
'rfets CO'Jttty`�` '�

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary Public in and for the State and County
aforesaid,do hereby certify that CHRISTOPHER M.JAMES personally appeared before me this
day, and acknowledged that he is the President of the River Island Owners Association, Inc., and
being authorized to do so, executed the foregoing instrument as President of the Ricer Island
Owners Association,Inc.
Witness my hand and official seal,this /b� day of December.2008. •'• >,? , r l',�o
My Commission Expires:
`_
d.,La'r._���^ Notary Pu li
'fi NAM ,

EXHIBIT A
BEING all of that 2.17 Acres of the tract designated as "open space" and being all of that .56
Acre tract designated "Nathan Sanders" located on either side of the River Island Bridge and
recorded on that Plat in Book 41 Page 359 of the New Hanover County Registry, reference to
which is hereby made for a more particular description. And further being that property acquired
by Grantor by instrument recorded in Book 3143 Page 347 of the New Hanover County Registry.

rccyj
3 iz�
1RI,ISNf�
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
•1RffRRRf}Rlf Rif YffiflRRh}IRRRRh RIfYfYt}RR}fxl Rif RY}iflhlhhlflffifl}}Rlf ifif if RflRhRYfY}Rhh}ffhff YFf RlthffflffltYitf fi Yf
Filed For Registration: 12/29/2008 04:14:17 PM
Book: RE 5366 Page: 2176-2180
Document No.: 2008047636
DEED 5 PGS $23.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
* 2008047636 *
2008047636

Sanco of Wilmington Service Corp. RECEIVED
P.O. Box 3167 JUL 0 6 1998
Wilmington,NC 28406 BY:
July 1, 1998
NCDENR � ' l
Ann. : Linda Lewis
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Dear Ms. Lewis:
Enclosed you will find the information that you requested from our office on June 15, 1998 in
regards to our River Island Subdivision. Please feel free to contact me at 791-1196 if you need
any further information.
S?Ia,,,c�
erely;
Candice O. Alexander
Development Coordinator

State of North Carolina
Department of Environment e 0 0
and Natural Resources
Wilmington Regional Office
James B. Hunt,Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
June 15, 1998
Mr. Nathan Sanders, President
SANCO
PO Box 3167
Wilmington, NC 28406
Subject: REQUEST FOR RECORDED
DEED RESTRICTIONS
River Island Subdivision
Stormwater Project No. SW8 900711
New Hanover County
Dear Mr. Sanders:
On August 13, 1990, the Wilmington Regional Office issued a Certification of Compliance to you for River
Island Subdivision. Per the requirements of the Certification of Compliance, a copy of the recorded deed restrictions
must be forwarded within 30 days of the date of recording. A review of our files indicates that a copy of the recorded
deed restrictions has not been received by this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of
your Certification of Compliance, and subject to enforcement action. Please forward a copy of the recorded deed
restrictions to this Office at the address below by July 15, 1998, or enforcement action may be initiated and may
include recommendations for civil and criminal penalties and revocation of the Certification of Compliance.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\DEEDREST\90071 LJUN
cc: Ward Andrews, P.E.,New Hanover County Inspections
Wilmington Regional Office
Central Files
127 Cardinal Drive Extension,Wilmington,N.C.28405-3845•Telephone [phone]•Fax [phone]
An Equal Opportunity Affirmative Action Employer

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OWNER: NATHAN S. SANOFRS !" -
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NOTES,
IN SAY"PO RER NATO. L SBIUTES FOR SAME. ABLE,ME SIALWONT SHALL /jf
2 WMS SET AT ALL OWNERS UNLESS 91HERMA NOIfD. / rI DISCLOSE
MAT ME sTALEIS MLL Not BE COXSTRUCTw TO /Q./l'Q O/ _/ ..y_ •�
3 AREA CONFUTED BY SOPERAXAIC MEMW. PB MIMUN STANDARDS aRICOST,IS ALLOW AID ELUSION IXI BAR q0Y H.BRltil
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DATE %pryxl :n{clJd DATE T -
ScPLE IN FEET
/ MD..I UAASUEPWE FAR RES,ORNATE'E.,SEWER OUR I• _ CUD '
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1 —L.-`M 11 P�'n� THE BITTER ARE RE 1..BY NEW xAND"H.1 FOR T E ALI Wei AF HANOVER DESIGN SERVICES, P.A.
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STATE OF ~� .
NORTH °Y
'�rY1r���,„�'�� Department of The
CAROL- INA Secretary of State
To all whom these presents shall come, Greetings:
I, Rufus L. Edmisten, Secretary of State of the State of
North Carolina, do hereby certify the following and hereto
attached to be a true copy of
ARTICLES OF INCORPORATION
0
RIVER ISLAND OWNERS ASSOCIATION, INC.
the original of which was filed in this office on the 8t1i day of
May, 1995.
IIV WITNESS WDEREOF, I have hereunto set my
hand and affixed my official seal at the City of
Raleigh, this 8th day of May, 1995.
Secretary of State

�,3 FI LED
9:DO AM
MAY 0 8 M5
EFFECTIVE
RUFUS EDMISTEN
ARTICLES OF INCORPORATION SECRETARY OF STATE
OF NORTH CAROUNA
RIVER ISLAND OWNERS ASSOCIATION, _ INC.
In compliance with the requirements of the Nonprofit
Corporation Act, North Carolina General Statutes, Chapter 55-A, the
undersigned natural person, a resident of the State of North
Carolina over eighteen ( 18) years of age, has hereby formed a
corporation, not for profit, and does hereby certify that:
ARTICLE I
The name of the corporation is RIVER ISLAND OWNERS
ASSOCIATION, INC. , hereinafter referred to as the "ASSOCIATION" .
ARTICLE II
The period of duration of the corporation is perpetual.
ARTICLE III
The purpose for which the ASSOCIATION is organized is to
provide a nonprofit owners association composed of the record
owners of lots located upon or within that certain development of
real property, developed from the property described in Exhibit "A"
hereto attached, made a part hereof, and incorporated herein by
reference.
For the purposes hereof, the Developer of the property
subject to these Articles of Incorporation is SANCO OF WILMINGTON
SERVICE CORPORATION, and its successors and assigns.
The ASSOCIATION shall provide for the care, protection,
maintenance, preservation and architectural control of the
development subject hereto and shall promote the health, safety and
welfare of the residents thereof, and in furtherance of these
responsibilities the ASSOCIATION shall:
a. Own, maintain, preserve and care for all of the streets,
other common areas, and all amenities, and the improvements
thereon, of the real property subject hereto;
b. Perform and exercise all of the rights, duties,
privileges and powers delegated to the ASSOCIATION by the
provisions of that certain DECLARATION OF RESTRICTIONS OF RIVER

ISLAND, PHASE I , as it may be amended from time to time to include
future Phases of RIVER ISLAND, hereinafter referred to as the
"Declaration" , applicable to the real property subject thereto and
recorded or to be recorded in the Office of the Register of Deeds
of New Hanover County, North Carolina; said Declarations being
incorporated herein as if set forth in full;
C . Have, exercise and perform any and all powers, rights,
privileges and duties which a corporation organized pursuant to the
provisions of the Nonprofit Corporation Act of the State of North
Carolina by law now or hereafter may have or exercise.
ARTICLE IV
All persons who own a lot or lots in the development made
subject to these Articles and the By-Laws of this ASSOCIATION shall
be members of the ASSOCIATION. There shall be only two classes of
members:
Class A: Class A members shall be owners of lots in RIVER
ISLAND and any other lots made subject to the Declaration, except
the Developer until its Class B membership has converted to Class
A membership. Each Class A member shall be entitled to one vote
for each such lot so owned.
Class B: The Class B member shall be the Developer, and it
shall be entitled to five (5 ) votes for each lot owned by it. The
Class B membership shall cease and . be converted to Class A
membership upon the sale of all of the lots in RIVER ISLAND
Subdivision.
ARTICLE V
The Directors of the ASSOCIATION shall be elected by the
members of the ASSOCIATION in the manner provided by the By-Laws of
the ASSOCIATION.
ARTICLE VI
No part of the net income of the ASSOCIATION shall inure to
the benefit of any officer, director or member of the ASSOCIATION,
and upon dissolution of the ASSOCIATION the assets thereof shall,
after all of its liabilities and obligations have been discharged
or adequate provisions made therefor, be distributed as provided
for by the Nonprofit Corporation Act of the State of North
Carolina.

ARTICLE VII
The address of the initial .registered office of the
Association is 110 Hinton Avenue, Wilmington, New Hanover County,
North Carolina 28403, and the initial registered agent at such
address is Nathan S. Sanders.
ARTICLE VIII
The number of Directors constituting the initial Board of
Directors shall be three, and the names and addresses of the
persons who are to serve as Directors until their successors are
elected and qualify are:
Name: Address:
Nathan S. Sanders 110 Hinton Avenue
New Hanover County
Wilmington, NC 28403
Judia B. Sanders 110 Hinton Avenue
New Hanover County
Wilmington, NC 28403
Daniel D. Mahn 19 North Fifth Street
New Hanover County
Wilmington, NC 28401
ARTICLE I%
The name and address of the incorporator is:
Name: Address:
Daniel D. Mahn 19 North Fifth Street
New Hanover County
Wilmington, NC 28401
IN WITNESS WHEREOF, the undersigned has hereunto set his
hand and seal, this the 22nd day of April, 1995 .
(SEAL)
Daniel D. Mahn, Incorporator

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the .County and State aforesaid, certify that
Daniel D. Mahn, Incorporator, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this 22nd day of April,
1995.
My Commission Expires:
5/13/95 Notary ublic
r�rtwuf:rrasej
wY'S•�lJ ..........
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s,

EXHIBIT A
Beginning at a railroad spike in the center-line of River Road (100
foot right-of-way) , also known as S.R. No. 1100. Said railroad
spike being located North 1 degree 57 minutes 18 seconds West
2701. 76 feet from a new "PKI' nail on the center-line of said River
Road. Said "PK" nail being on the center-line of the bridge which
accommodates the waters of Lords Creek. Said bridge being located
about 2 . 7 miles southwardly from the intersection of said River
Road with S.R. No. 1187 as measured along said River Road. Said
beginning point being in the dividing line between a tract
described in Book 1255 at Page 1409, Tract One of Exhibit A of the
New Hanover County Registry and a tract now or formerly owned by
Corbett. Said beginning point also being the intersection of the
northerly line of Section 1, Ocean Forest Lakes with the center-
line of said River Road as shown on a map recorded` in Map Book 24
at Page 44 of the New Hanover County Registry. Running thence from
said beginning point:
1. North 88 degrees 46 minutes 28 seconds East 50.01 feet to a
point in the easterly right-of-way line of said River Road;
thence
2. continuing North 88 degrees 46 minutes 28 seconds East 100.01
feet along the southerly line of said Section 1, Ocean Forest
Lakes to a point; thence
3. South 2 degrees 09 minutes 11 seconds East 1094. 66 feet,
paralleling the center-line of said River Road and crossing
Watauga Road (50 foot right-of-way) as shown on said Ocean
Forest Lakes map to a point in the dividing line. between
said tract described in Book 1255 at Page 1409 of said
Registry and a tract now or formerly owned by J.H. Burnett;
thence
4. South 89 degrees 54 minutes 07 seconds West 100.06 feet
along last said dividing line to a point in the easterly
right-of-way line of said River Road; thence
5. continuing South 89 degrees 54 minutes 07 seconds West 50.03
feet along last said dividing line to a railroad spike on the
center-line of said River Road. Last said railroad spike
being located North 1 degree 49 minutes 15 seconds west
1610.06 feet from said "PK" nail on the center-line of said
bridge over Lords Creek; thence

6. continuing along said dividing line South 89 degrees 54
minutes 21 seconds West 50.03 feet to a point on the westerly
right-of-way line of said River Road; thence -
7. continuing along last said dividing line South 89 degrees 54
minutes 21 seconds West 822.08 feet to an old stone; thence
8 . continuing South 89 degrees 54 minutes 21 seconds west 8 feet,
more or less, to a point in the high water line of the Cape
Fear River; thence
9. in a northerly direction along the high water line of the
Cape Fear River to a point that is North 23 degrees 54 minutes
00 seconds West 1163.88 feet from said old stone. Last said
point being in the northerly line of said tract described in
Book 1255 at Page 1409 of said Registry; thence
10. North 88 degrees 45 minutes 20 seconds East 1252. 94 feet along
last said northerly line to a point in the westerly
right-of-way line of said River Road; thence
11. continuing North 88 degrees 45 minutes 20 seconds East 50. 01
feet to the point of beginning.
The above descrbed tract contains 30 . 75 acres and is a portion
of said tract described in a deed recorded in Book 1255 at Page
1409, Tract One, of said Registry.