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HomeMy WebLinkAboutSW8961103_HISTORICAL FILE_20080707 t STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8_(W[W DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ADZ 02T YYYYMMDD F WATF Michael E.Easleg Governor William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources > Coleco H.Sullins,Director O C Division of Water Quality June 7, 2008 John A. Atkinson, Jr., Manager St James Development Co., LLC P.O. Box 10879 Southport, NC 28461 Subject: Stormwater Permit No. SW8 961103MOD. Players Club @ St. James Plantation Low Density Subdivision Permit Brunswick County Dear Mr. Atkinson: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Players Club @ St. James Plantation on June 13, 2008. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 961103MOD, dated June 7, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh,, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either David Cox or me at (910) 796-7215. Sine ly, Edward Beck Regional Supervisor Surface Water Protection Section ENB/dwc: S:\WQS\STORMWATER\PERMIT\961103MOD.ju108 cc: Tracey Hobgood,(Coastal Land Design) Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering Wilmington Regional Office Central Files David Cox tCarolina ura!!y Noah Carolina Division of Water Qua]ity 127 Cardinal Drive Extension Wilmington,NC 28405 Phone(910)796-7215 Customer Service Wilmington Regional Office Internet: www.ncwateranalitv.ore Pax (910)350-2004 1-877-623-6748 An Ecual C000nanlNlAtfirmative Action Ernolover-50%Recvcled/10%Post Consumer Paner State Stormwater Management Systems Permit No.SW8 961103MOD 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 John A. Atkinson & St. James Development Co., LLC Players Club @ St. James Plantation Hwy 211, St. James, Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 230 lots is limited to a maximum of 6500 square feet of built-upon area, except lot 3 which is limited to a maximum of 5,850 square feet and lot 17 which is limited to 7,150 square feet as indicated in the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 30% 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 are enforceable parts of the permit. 4. Pro' cts covered by this permit will 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) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30 foot from the mean high water mark. 7. Level spreaders shall be provided at the ends of all swales that discharge into regulated wetlands such that a sheet flow condition is created. Additional passive measures may be required for projects within ''Y2 mile of SA waters. Page 2 of 5 State Stormwater Management Systems Permit No.SW8 961103MOD II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. 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. Mowin.9, and re-vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Maintenance of level spreaders in accordance with approved plans and O&M. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. 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 Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 and 11.12 of this permit. 10. Within 30 days of completion of the project, the permittee must certify in writing that the pro ect'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. Page 3 of 5 State Stormwater Management Systems Permit No.SW8 961103MOD 11. 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. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 961103MOD, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e.. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot is 6500 square feet except lot 3, which is limited to a maxiumum of 5,850 square feet, and lot 17, which is limited to 7,150 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. 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. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30 foot from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any approvals given by the ARC or ARB do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. 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. 15. All stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS Page 4 of 5 State Stormwater Management Systems Permit No.SW8 961103MOD 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. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re-issuance, 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 or entity except after notice to and approval by the Director. The Director may require modification or revocation and re-issuance of the permit to change the name and incorporate such other requirements as may be necessary. A completed Name/Ownership Change Form, signed by both parties involved, must be submitted to the Division of Water Quality accompanied by the appropriate documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Conveyance of common areas to third parties such as a homeowner's association, by the permittee where the required Name/Ownership documentation has not been submitted to and approved by the Division, does not constitute transfer of the stormwater permit, and does not relieve the permittee of responsibility for maintaining compliance with the permit or transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and its components. 9. The permittee shall notify the Division of Water Quality in writing of any name, ownership or mailing address changes within 30 days. Permit issued this the 7`h day of July, 2008. NO RT .CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION --J ------------------- for Coleen H. Sullins Director Division of Water Quality By Authority of the Environmental Management Commission Page 5of5 WW,)Vt k� . " Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name(specify the name of the corporation, individual,etc. who owns the project): St. James Development Co., LLC 2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance): John A. Atkinson,Jr. 3. Mailing Address for person listed in item 2 above: P.O. Box 10879 City: Southport State: NC Zip: 28461 Phone: (910 ) 253-3001 Fax: (910 ) 253-3059 Email: 4. Project Name(subdivision, facility, or establishment name-should be consistent with project name on plans, specifications, letters, operation and maintenance agreements,etc.): Players Club at St. James Plantation 5. Location of Project(street address): Hwy 211 at St. James Plantation City: Southport County: Brunswick Zip: 28461 6. Directions to project(from nearest major intersection): Southeast intersection of St. James Drive and NC 211 7. Latitude: 33'94' 46" N Longitude: 78'08' 49" W of project 8. Contact person who can answer questions about the project: Name: Mark Brambell Telephone Number: (910 ) 253-3001 Email: mark.brambell@stjamesRIantation.com IL PERMIT INFORMATION: 1. Specify whether project is(check one): ❑New ❑Renewal ®Modification Form SWO-101 Version 03.27.08 Page I of4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 961103 Mod and its issue date(if known) June '11, 2001 3. Specify the type of project(check one): ®Low Density ❑High Density ❑Redevelop ❑General Permit ❑Universal SNIP []Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Eros ion Control 0404/401 Permit ❑NPDES Stormwater III. PROJECT INFORMATION 1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Roadside swales, vegetative swales along property lines and through proposed amenity lakes 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Property Area: 399.89 acres 4. Total Wetlands Area: existing permit acres 5. 100' Wide Strip of Wetland Area: acres (not applicable if no wetlands exist on site) 6. Total Project Area**: acres 7. Project Built Upon Area: 15.9 % 8. How many drainage areas does the project have? 1 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project,attach an additional sheet with the information for each area provided in the same format as below. For hi h density projects,com lete the table with one drainage area for each engineered stormwater device. gBasun hiformahon tn" x� ,d'1 .� vt.,- =Dramage,Area9 5a '' -=a-a° �"".- ;v , , } a� ., . , "2rai'.T^ i sLf".t��`�'Dralnage-Alga 2#. a, Receiving Stream Name Beaver Dam Creek Stream Class & Index No. SC Total Drainage Area (so 399.89 AC (17,419,208 SF) On-site Drainage Area (so 399.89 AC(17,419,208 SF) Off-site Drainage Area (so -0- Existing Impervious*Area (so -0- Proposed Impervious*Area (so 63.68 AC(2,773,901 SF) % Impervious* Area (total) 15.9% 'k iws";. * x�me iea:,, - �s D[d1lla e Aiea 7�^^' }" °s `- i Impervious SurfaceArea m $ �,s :y „�Dxaine e"Arcaot r,; - t�"aaaa.�ova ?._ „�§,t . t � � i .g. On-site Buildings (so 34.44 AC(1,500,206 SF)(6500 SF/LOT, 5,270 SF MAINTENANCE BLDG On-site Streets (so 10.53 AC (458,686.8 SF) On-site Parking (so .5 AC(21,780,SF) On-site Sidewalks (so .66 AC (28,750 SF) Other on-site (so 17.55 AC (764,478 SF) (5.35 AC cart paths, .20 AC bath house/pump stn,glf crse future 2.0 AC, 10.0 AC POA future Off-site (so -0- Total (so: 63.68 AC(2,773,901 SF) Form SWU-I01 Version 03.27.08 Page 2 of JF• - Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **Total project area shall be calculated based of the current policy regarding inclusion of wetlands in the built upon area percentage calculation. This is the area used to calculate percent project built upon area (BLIA). . 10. How was the off-site impervious area listed above derived?_ n/a IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a table listing each lot number,size and the allowable built-upon area for each lot must be provided as an attachment. Forms can be downloaded from http://h2o enr state nc us/su/bmp forms htm-deed restrictions. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each 13MP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status and availability of these forms. Forms can be downloaded from littl2://1)2o.L!tii-.state.nc.us/-,tilbmi2 forme htm. Form SW401-Low Density Low Density Supplement Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off-Site System Off-Site System Supplement Form SW401-Wet Detention Basin Wet Detention Basin Supplement Form SW401-Infiltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Bioretention Cell Bioretention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Form SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW401-Sand Filter Sand Filter Supplement Form SW401-Permeable Pavement Permeable Pavement Supplement Form SWU-101 Version 03.27.08 Page 3 of 4 . . f VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at htip://h2o.enr.state.nc.us/su/msi maas.htm) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • Original and one copy of the Deed Restrictions&Protective Covenants Form (if L1uLt[tic required as per Part IV above) • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP • Permit application processing fee of$505(Express:$4,000 for HD,$2,000 for LD) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/management • Copy of any applicable soils report • Two copies of plans and specifications (sealed, signed &dated),including: -Development/Project naive -Engineer and firm -Legend -North arrow -Scale -Revision number& date -Mean high water line - Dimensioned property/project boundary -Location map with named streets or NCSR numbers -Original contours,proposed contours, spot elevations, finished Floor elevations -Details of roads, drainage features,collection systems,and stormwater control measures -Wetlands delineated,or a note on plans that none exist -Existing drainage(including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers(where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. (ex. designing engineer or firm) Designated agent(individual or firm): Coastal Land Design,PLLC Mailing Address: PO Box 1172 City: Wilmington State: NC Zip: 28402 Phone: (910 1 254-9333 Fax: (910 ) 254-0502 Email: ipetroff@coastallanddesign.net VIII. APPLICANT'S CERTIFICATION 1, (print or hype name of person listed in General Information, item 2) John A.Atkinson, Jr. certify that the information included on this permit application form is, to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded,and that the proposed project complies with the require gents of 15A NCAC 2H .1000. Q Signature: �G�—� Date: V Fonn SWU-101 Version 03.27.08 Page 4 of II �QF 19\NA7`F Michael F. Easley, Governor •�O G William G. Ross, Jr., Secretary co> North Carolina Department of Environment and Natural Resources 1 O Y Alan W. Klimek, P.E. Director Division of Water Quality August 29, 2005 Mr. John Atkinson, Jr., Manager St. James Development, LLC PO Box 10879 Southport, INC 28461 Subject: Approved Built-Upon Area Swap St. James Plantation, Section 6 Players Club Stormwater Project No. SW8 961103 Brunswick County Dear Mr. Atkinson: On August 26, 2005, the Division of Water Quality sent you a letter regarding the approved BUA swap between Ms. Margaret Coggins and Mr. Robert Kinsman. That letter contained a typographical error regarding the project number. Please destroy the previous letter and substitute the attached letter in its place. If you have any questions, please do not hesitate to call me at 910-796-7404. Sincerely, Linda Lewis Environmental Engineer II ENB\arl: S:\WQS\STORMWAT\REVISION\961103.aug05 cc: Robert Kinsman Margaret Coggins Delaney Aycock, Brunswick County Building Inspections Linda Lewis W� ilmin"gton.Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Services-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us One NorthCarolina An Equal Opportunity/Af8rma8ve Action Employer—50%Recycled110%Post Consumer Paper Nalurally o f \NArF9 Michael F. Easley, Governor / �0) �G William G. Ross, Jr., Secretary 7 North Carolina Department of Environment and Natural Resources � y a Y Alan W. Klimek, P.E. Director Division of Water Quality August 29, 2005 Mr. John Atkinson, Jr., Manager St. James Development, LLC PO Box 10879 Southport, NC 28461 Subject: Approved Built-Upon Area Swap St. James Plantation, Section 6 Players Club Stormwater Project No. SW8 961103 Brunswick County Dear Mr. Atkinson: On August 12, 2005, the Wilmington Regional Office received notification from Ms. Margaret Coggins that she needed additional built-upon area on Lot# 17 in the subject subdivision covered by Stormwater Management Permit No. SW8 961103. All lots covered by that permit are limited to a maximum built-upon area of 6,500 square feet. Ms. Coggins has entered into an agreement with Mr. Robert Kinsman, who owns Lot #3 in the same subdivision, to purchase 650 square feet of built-upon area from the unused allotment of BUA on his lot. Lot#17 is now limited to a maximum of 7,150 square feet, and Lot#3 will now be limited to a maximum of 5,850 square feet. The built-upon area swap has been duly recorded on August 3, 2005, in Deed Book 2205 Page 0596 of the Brunswick County Register of Deeds Office. The swap results in no net change in the overall approved amount of built- upon area and will not cause a pocket of high density to be created. Please be aware that all terms and conditions of the permit issued on June 11, 2001, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case-by-case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this approval does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7404. Sincerely, Linda Lewis Environmental Engineer II ENB\arl: S:\WQS\STORMWAT\REVISION\961103.augO5 cc: Robert Kinsman Margaret Coggins Delaney Aycock, Brunswick County Building Inspections Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Servicet-877-623-6748 Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350.2004 Internet: h2o.enr.state.nc.us One NorthCarolina An Equal OpportunityrARnnafive Action Employer—50%Recycled/10%Post Consumer Paper Naturally OF WArF9 4 Michael F. Easley, Governor William G. Ross, Jr., Secretary � North Carolina Department of Environment and Natural Resources O Y Alan W. Klimek, P.E. Director Division of Water Quality August 26, 2005 Mr. John Atkinson, Jr., Manager St. James Development, LLC PO Box 10879 Southport, NC 28461 Subject: Approved Built-Upon Area Swap St. James Plantation, Section 6 Players Club Stormwater Project No. SW8 960311 Brunswick County Dear Mr. Atkinson: On August 12, 2005, the Wilmington Regional Office received notification from Ms. Margaret Coggins that they needed additional built-upon area on Lot # 17 in the subject subdivision covered by Stormwater Management Permit No. SW8 960311. Ms. Coggins has entered into an agreement with Mr. Robert Kinsman, who owns Lot #3 in the same subdivision, to purchase 650 square feet of built-upon area from the unused allotment of BUA on his lot. Lot #17 is now limited to a maximum of 7,150 square feet, and Lot #3 will now be limited to a maximum of 5,850.square feet. The built-upon area swap has been duly recorded on August 3, 2005, in Deed Book 2205 Page 0596 of the Brunswick County Register of Deeds Office. The swap results in no net change in the overall approved amount of built-upon area and will not cause a pocket of high density to be created. Please be aware that all terms and conditions of the permit issued on June 11, 2001, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case-by-case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this approval does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7404. Sincerely, , Linda Lewis Environmental Engineer II ENB\arl: S:\WQS\STORMWAT\REVISION\961103.aug05 cc: Robert Kinsman Margaret Coggins Delaney Aycock, Brunswick County Building Inspections [Linda-Lewis-J Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215 Customer Service1A17.623-6746 One Wilmington Regional Office Wilmington,INC 26405-3045 FAX (910)350-2004 Internet: h2o.enr.state.nc.us NO Carolina aturally An Equal OpportunitylAFfirmative Action Employer—50%RecyGed/10°k Post Consumer Paper Ms. Margaret Coggins 3677 Fairfield Way Southport, NC 28461 Mr. Robert H. Kinsman 3713 Fairfield Way Southport, NC 28461 RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS !_ Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS w From: "Coggins, Margaret H" <Margaret.H.Coggins@secureskies.net> Date: Tue, 26 Jul 2005 13:50:52 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> CC: "'Mary Davis' \(E-mail\)" <maryd@bizec.rr.com>, "'Mhcoggins\(E-mail\)" <mhcoggins@aol.com>, "'Robert. Kinsman\(E-mail\)" <Robert.Kinsman@pfizer.com> Ms. Lewis: We will take care of this immediately and send you corrected/recorded documents! Thanks IA�GG� I Margaret H. Coggins Deputy Assistant Director 1 Office of Mission Support Federal Air Marshal Service n (703) 487-3111 ,n Margaret .H.Coggins@secureskies.net •I"\'�al -----Original Message----- From: Linda Lewis (mailto:linda. lewis@ncmail.net] Sent: Tuesday, July 26, 2005 11:57 AM To: Coggins, Margaret H Subject: Re: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Ms. Coggins: Package recevied and I reviewed the document. It contains a typographical error on Page 2 . The paragraph currently reads: Whereas, Lot 17 currently contains 5220 .09 square feet of built-upon area. . . . It should read, Whereas, Lot 3 currently contains 5220.09 square feet of built-upon area. . . Please correct the typo, and have the document re-recorded, and send me a copy. Linda Coggins, Margaret H wrote: Ms. Lewis -- Am writing to confirm that you received our package. I received an email confirmation of delivery on July 21 from UPS -- I hope that is correct. Could you please forward to me either electronically or via mail, your approval of our request once you've completed it . Our mailing address is: 3677 Fairfield Way Southport, NC 28461 Please call me if you have any questions, (703) 964-7617, cell. I of 4 7/26/2005 3:32 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Thank you. Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 467-3111 Margaret.H.Coggins@secureskies.net -----Original Message----- From: Coggins, Margaret H Sent: Tuesday, July 19, 2005 3 :34 PM To: 'Linda Lewis' Cc: 'Mhcoggins (E-mail) Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Hi Ms. Lewis: I 've finally received back from our attorney a copy of the recorded document that you require for final approval . The Agreement was re-executed per your template and it includes the Permit Number you need. I have sent a copy of the recorded Agreement to you today via UPS , with a guaranteed delivery to your office by 12Noon Thursday, July 21, 2005 . I hope this provides everything you need to issue us a final approval for the impervious "swap. " We look forward to receiving your written approval as soon as possible. Thank for your attention to this matter and your assistance along the way . . . . I believe this is a "first" within St. James, so we were pioneering along the way to make this happen. Margaret Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret.H.Coggins@secureskies.net -----Original Message----- From: Linda Lewis Imailto:linda.lewis@ncmail.net] Sent: Friday, June 10, 2005 8 :02 AM To: Coggins, Margaret H Subject: Re: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Ms. Coggins: I have not received anything in regards to this application. Linda Coggins, Margaret H wrote: Hi Mary -- I 'm trying to follow up on the status of this. Could you please advise? 2 of 4 7/26/2005 3:32 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Thank you. Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret.H.Coggins@secureskies.net -----Original Message----- From: Coggins, Margaret H Sent: Thursday, May 05, 2005 11:24 AM To: 'Mary Davis' (E-mail) ; 'trippeng@ec.rr.com' Cc: 'Mhcoggins (E-mail) ; Linda. Lewis (E-mail) ; 'Robert. Kinsman (E-mail) Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Hi Mary: After returning to the office after 3 weeks away to move into our home in St. James, I received the below email message -- forwarding a message/request from Linda Lewis with the NC Div. of Water Quality. . . . it appears that the agreement we drafted, executed, and recorded does not contain all of the required information and, as such, we are being asked to use the attached template agreement. Could you please prepare this for us and then we will have to request that Mr. Kinsman come in and sign this version for us to execute and record the documents. I will then need to send a copy of the recorded document to Ms. Lewis for her review and final approval . Thank you in advance. Please let me know if you need additional information. Margaret Margaret H. Coggins Deputy Assistant Director office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret .H.Coggins@secureskies.net Della: We do not know the permit number that Ms. Lewis is requiring be included in the agreement. Could you please identify the permit number and email it back to us for inclusion? -----Original Message----- From: Della [mailto:trippeng@ec.rr.coml Sent: Friday, April 15, 2005 12:06 PM To: Coggins, Margaret H Subject: FW: Lot 17, Section 6 Players Club Margaret, I received the following email from Linda Lewis with NCDENR regarding your request. Please have your attorney amend the recorded agreement per her request. 3 of 4 7/26/2005 3:32 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Phil Tripp Tripp Engineering -----Original Message----- From: Linda Lewis [mailto:linda.lewis@ncmail .net] Sent : Wednesday, March 30, 2005 5:43 PM To: Charles Cazier Cc: MaryD®bizec.rr.com Subject: Lot 17, Section 6 Players Club Charlie: Phil sent in a request to swap out some BUA between 2 lots in this subdivision, but he didn't tell me what permit those lots are covered under! ! The lots are owned by William & Margaret Coggins and Robert Kinsman. I need to know the permit number before I can approve the swap. Also, the recorded agreement between the two parties does not mention the permit number, either. The form document that I have been sending out for the purpose of swapping BUA does require that the Stormwater Management Permit number be a part of the recorded document. Please follow the form as closely as possible and provide as much of the requested information as possible. I also need some numbers on the amount of built-upon area currently existing on Mr. Kinsman's lot . Thanks, Linda 4 of 4 7/26/2005 3:32 PM Brunswick County--Register of Deeds ' Robert J. Robinson Inst #275764 Book 2182Page 1121 07/05/2005 01:43:57gn Rec#2�ss RECEIVED LJUL 2 1 I'll BY'---- RET g�7 Z ,CPC �'� 3 TOTAL D D REV TC# 3 g REC# CKAMT ,�0 CK# q�o� CASH REF By Lg—" This Agreement and amendment of restrictions made this the 54�' day of � �'1 , 2005, by and between WILLIAM B. COGGINS and wife, MARGARET H. COGGINS hereinafter referred to as COGGINS and ROBERT KINSMAN. WHEREAS COGGINS is the owner of Lot 17, Players Club, Section 6, of St. James Plantation, recorded in Deed/Map Book 23 at Page 219 and ROBERT KINSMAN is the owner of Lot 3, Players Club, Section 6, of St. James Plantation, recorded in Deed/Map Book 839 at Page 453, each of which is subject to the Master Declaration of Covenants, conditions and Restrictions for St. James Plantation, recorded in Deed Book 839, Page 453, of the Brunswick County Registry, and each of which is subject to Restrictive Covenants for Section 6, recorded in Book 1383 at page 714, Brunswick County Registry; and WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions sets forth a maximum amount of built-upon area per lot, as required by Stormwater Management Permit No. SW8961103, issued pursuant to the requirements of Title 15A NCAC 2H.1000, the Coastal Stormwater Management Regulations, and currently allows a maximum built-upon area per lot of 6500 Square feet; and WHEREAS, COGGINS needs additional built-upon area for said lot to enable the construction of a residential structure on said lot, and KINSMAN has ample built-upon area leftover on his lot so Inst # 275764 Book 2182Page: 1122 that ROBERT KINSMAN can transfer to COGGINS sufficient built-upon area to allow COGGINS to build and has agreed to do so. WHEREAS, of 1icurrently contains 5220.09 square feet of built-upon area, verified by an as-built survey dated February 8, 2005; which is 1279.91 square feet less than the permitted maximum; and Lot 17 needs 6988 square feet of built-upon area in order to construct the desired structure. NOW, THEREFORE, for and in consideration of the sum of One Thousand Dollars $1,000.00 ROBERT KINSMAN hereby transfers to COGGINS Six Hundred and Fifty (650) square feet of built- upon area from Lot 3 to Lot 17 for the sole use and benefit of COGGINS. Upon the recording of this instrument, Lot 17 is limited to a maximum of 7150 square feet of built-upon area and Lot 3 is limited to a maximum of 5850 square feet of built-upon area, as defined in NCAC 2H.1000. This Agreement is executed in duplicate originals on the day and year first above written. / ( WILLIAM B. COGGINS, Awer, Lot 17 MARGAktT H. COGGI , Owner, Lot 17 ROBERT KINSMA , Owner, Lot 3 Inst # 275764 Book 2182Page: 1123 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, the undersigned Notary Public of the County and State aforesaid, certify that WILLIAM B.COGGINS and wife,MARGARET H.COGGINS personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 5°i day of July, 2005. L-�M tary Public My Commission Expires: n�rlo�/aa�� �( �,ipr NOAiWC��90LINh•BFlUNSWiCKCWIdtY� STATE OF NORTH CAROLINA � � WAYE.DMS I,OiMYfU8t1C COUNTY OF BRUNSWICK I, the undersigned Notary Public of the County and State aforesaid, certify that ROBERT ]KINSMAN personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 5a' day of July, 2005. N tary Public My Commission Expires: L14WAYE. ms `_ NDTM, 11C:JC The foregoing Certificate(s) of Is/are certified to be correct. This instrument and this certificate are duly reeistered at the dare and STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK MARY E DAVIS The Foregoing(or annexed)Certificate(s)of This Instrument Public is (are)Certified ra io Correct. July 200V� This Instrument was filed for Registration on this 5th Day of in the Book and page shown on the First Page hereof. el l _\�Wr _ RO E \ J. RO 3INSOON,Register of Deeds Brunswick County, Register of Deeds n � � TK(}u��� J. Robinson\ u P.O. BOX 87 DQLIVIA, NC 2G422 (Recording Hours 8:30a . m . - 4: 45p . m^ ) Register # 2 Rec Dater 07/06/2005 Rec Time: 10 :58am Cashiers EVAN9, DEBDIE `resented by: FREVATTE, PREVATTE & CAMPBELL ;cwment � 1ail No .. instrument Type # pgs Bk # E)eg# End# Rcd Date Rcd Time Inst sub-total ��.........��.....�.........������........���������������������������������...................����..............�........... .... ... ............�..... 1ISC 1STP8 3 2192 1121 1123 07/05/2005 O1 : 43pm I 275764 12. 0S st Grantor : COGGIN3 �ISC XPGS 00 `Rg9ATE 00 Total Due: 20.00 '------------------------------------------------------------------------------- `ayment Type Received from Amount '------------------------------------------------------------------------------- W 9004 PREVATTE, PRE;ATTE & CAMP 2� C� :A 0O� Ant Tendered : 20.00 Cash Refund : 0 .00 CA Refund : 0.0� Total Received: 2O.00 EFFICIENT AND PROMPT SERVICE | SOMETHING OUR CITIZENS HAVE A RIGHT TO INSIST UPON | RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS From: "Coggins, Margaret H" <Margaret.H.Coggins@secureskies.net> Date: Mon, 20 Jun 2005 13:52:49 -0400 To: "Linda Lewis" <linda.lewis@ncmai1.net> Hi Linda -- I 've just returned to the office after a week away on a business trip . . . I will follow up right away and respond back with a status. I have forwarded your required template to our attorney for completion. Thanks for your follow-up. Margaret Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret .H.Cogginsosecureskies.net -----Original Message----- From: Linda Lewis [mailto:linda.lewisoncmail .net] Sent: Friday, June 10, 2005 8 :02 AM To: Coggins, Margaret H Subject : Re: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Ms. Coggins: I have not received anything in regards to this application. Linda Coggins, Margaret H wrote: Hi Mary -- I 'm trying to follow up on the status of this. Could you please advise? Thank you. Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret .H.Coggins@secureskies.net -----Original Message----- From: Coggins, Margaret H Sent : Thursday, May O5, 2005 11:24 AM To: 'Mary Davis' (E-mail) ; ' trippeng@ec.rr.com' Cc: 'Mhcoggins (E-mail) ; Linda. Lewis (E-mail) ; 'Robert . Kinsman (E-mail) Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Hi Mary: I of 3 6/20/2005 4:36 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS After returning to the office after 3 weeks away to move into our home in St. James, I received the below email message -- forwarding a message/request from Linda Lewis with the NC Div. of Water Quality. . . . it appears that the agreement we drafted, executed, and recorded does not contain all of the required information and, as such, we are being asked to use the attached template agreement. Could you please prepare this for us and then we will have to request that Mr. Kinsman come in and sign this version for us to execute and record the documents. I will then need to send a copy of the recorded document to Ms. Lewis for her review and final approval . Thank you in advance. Please let me know if you need additional information. Margaret Margaret H. Coggins Deputy Assistant Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret .H.Coggins@secureskies.net Della: We do not know the permit number that Ms. Lewis is requiring be included in the agreement . Could you please identify the permit number and email it back to us for inclusion? -----Original Message----- From: Della [mailto:trippeng@ec.rr.com] Sent: Friday, April 15, 2005 12:06 PM To: Coggins, Margaret H Subject: FW: Lot 17, Section 6 Players Club Margaret, I received the following email from Linda Lewis with NCDENR regarding your request . Please have your attorney amend the recorded agreement per her request. Phil Tripp Tripp Engineering -----Original Message----- From: Linda Lewis [mailto:linda.lewis@ncmail .net] Sent: Wednesday, March 30, 2005 5:43 PM To: Charles Cazier Cc: MaryD@bizec.rr.com Subject: Lot 17, Section 6 Players Club Charlie: Phil sent in a request to swap out some BUA between 2 lots in this subdivision, but he didn't tell me what permit those lots are covered under! ! The lots are owned by William & Margaret Coggins and Robert Kinsman. I need to know the permit number before I can approve the swap. Also, the recorded agreement between the two parties does not mention the permit number, either. The form document that I have been sending out for the purpose of swapping BUA does require that the Stormwater Management Permit number be a part of the recorded document . Please 2 of 3 6/20/2005 4:36 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS follow the form as closely as possible and provide as much of the requested information as possible. I also need some numbers on the amount of built-upon area currently existing on Mr. Kinsman' s lot . Thanks, Linda 3 of 3 6/20/2005 4:36 PM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS 2 n Subject: RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS 0 � From: "Goggins, Margaret H" <Margaret.H.Coggins@secureskies.net> Date: Thu, 5 May 2005 11:23:32 -0400 ' o To: "'Mary Davis' \(E-mail\)" <maryd@bizec.rr.com>, <trippeng@eo,rr.com> (�� CC: "'Mhcoggins\(E-mail\)" <mhcoggins@aol.com>, "Linda. Lewis \(E-mail\)" <Linda.Lewis@ncmail.net>, "'Robert. Kinsman\(E-mail\)" <Robert.Kinsman@pfizer.com> Hi Mary: After returning to the office after 3 weeks away to move into our home in St. James, I received the below email message -- forwarding a message/request from Linda Lewis with the NC Div. of Water Quality. . . . it appears that the agreement we drafted, executed, and recorded does not contain all of the required information and, as such, we are being asked to use the attached template agreement . Could you please prepare this for us and then we will have to request that Mr. Kinsman come in and sign this version for us to execute and record the documents. I will then need to send a copy of the recorded document to Ms. Lewis for her review and final approval . Thank you in advance. Please let me know if you need additional information. Margaret Margaret H. Coggins Deputy Assistant•, Director Office of Mission Support Federal Air Marshal Service (703) 487-3111 Margaret.H.CogginsQsecureskies.net Della: We do not know the permit number that Ms. Lewis is requiring be included in the agreement. Could you please identify the permit number and email it back to us for inclusion? -----Original Message----- From: Della [mailto:trippenq®ec.rr.com] Sent: Friday, April 15, 2005 12 :06 PM To: Coggins, Margaret H Subject: FW: Lot 17, Section 6 Players Club Margaret, I received the following email from Linda Lewis with NCDENR regarding your request. Please have your attorney amend the recorded agreement per her request. Phil Tripp Tripp Engineering -----Original Message----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Wednesday, March 30, 2005 5:43 PM To: Charles Cazier Cc: MaryD®bizec.rr.com Subject: Lot 17, Section 6 Players Club Charlie: 1 of 2 5/9/2005 8:02 AM RE: Lot 17, Section 6 Players Club IMPERVIOUS FOR COGGINS Phil sent in a request to swap out some BUA between 2 lots in this subdivision, but he didn't tell me what permit those lots are covered under! ! The lots are owned by William & Margaret Coggins and Robert Kinsman. I need to know the permit number before I can approve the swap. Also, the recorded agreement between the two parties does not mention the permit number, either. The form document that I have been sending out for the purpose of swapping BUA does require that the Stormwater Management Permit number be a part of the recorded document. Please follow the form as closely as possible and provide as much of the requested information as possible. I also need some numbers on the amount of built-upon area currently existing on Mr. Kinsman's lot . Thanks, Linda 2 of 2 5/9/2005 8:02 AM Lot 17, Section 6 Players Club Subject: Lot 17, Section 6 Players Club From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 30 Mar 2005 17:42:40 -0500 To: Charles Cazier<charlie-trippeng@ec.rr.com> CC: MaryD@bizec.rr.com Charlie: Phil sent in a request to swap out some BUA between 2 lots in this subdivision, but he didn't tell me what permit those lots are covered under! ! The lots are owned by William & Margaret Coggins and Robert Kinsman. I need to know the permit number before I can approve the swap. Also, the recorded agreement between the two parties does not mention the permit number, either. The form document that I have been sending out for the purpose of swapping BUA does require that the Stormwater Management Permit number be a part of the recorded document. Please follow the form as closely as possible and provide as much of the requested information as possible. I also need some numbers on the amount of built-upon area currently existing on Mr. Kinsman's lot. Thanks, Linda tradingBUA.for.doc Content-Type: application/msword Content-Encoding: base64 I of 1 3/30/2005 5:42 PM Fab-25-2005 12:12pm . From-PREVATTE +910457023T T-329 P.001/004 F-714 PREVATTE, PREVATTE & CAMPBELL, PLLC Attorneys at Law Elias J. Prevatte(1912-2004) 6D1 North Howe Street E-mail: MaryD@bi::ec.rr.com James R. Prevatte, Jr. Post Office Box 10959 Phone: 910-457-5081i Kenneth R. Campbell Southport, North Carolina 28461 Fax: 910-457-0237 FAX COVERSHEET DATE: a a 6g TIME: Imo '. I r 1p1r1„ TO: P� C: (�03 8't-;lctG FROM: Mary E. Davis RE. A/.1 YPP. .Pf Legal Assistant to James R.. Prevatte, Jr. NUMBER OF (PAGES: �_ (INCLUDING THIS SHEET) ff MESSAGE: rrcrcb r•1 t - THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL INFORMATION. !IT IS A PRIVAI'E MESSAGE TO THE PERSON OR ENTITY NAMED ABOVE. DO NOT PERMIT ACCESS BY ANY OTHiIR PERSON. IF THE ADDRESSEE IS NOT NOW AT THE LOCATION WHERE THIS MESSAGE Wlts RECEIVED, PLEASE TELEPHONE US IMMEDIATELY AT THE'CONFIRMATION NUMBER ABOVE, AND MAIL ALL PAGES OF THIS TRANSMISSION TO US AT THE ADDRESS ABOVE, IF YOU EXPERIENCE DIFFICULTY RECEIVING THIS TRANSMISSION, PLEASE CALL 910.457.50116 Margaret H.Coggins,Ph.D. U.S.lkpartmerit.fHomeland Security Deputy Assistant Director 425 1 Street,NW Federal Air Marshal Service Washington,DC 20536 (703)487-3111 Tel (703)487-3105 Fax mwgaret.coggins@dhs.gov // U.S.Immigration 1 and Customs Enforcement Feb-25-2005 12:12pm From-PREVATTE +9104570237 T-329 P.002/004 F-714 VIE r�ads Robert Z_ ROhimeOII 1294 Snst 9252622 Book 20943?agc 02/24/2005 02=51o5217n Recitt",OQi�._ STATE,OF NORTH CARpLINA AGREEMENT AND TRANSFER COUNTY OF BRUNSWICK THIS AGREEMENT AND TRANSEEP made this the -� day of Q1QkAPetcn�, 2005, by and between WILLIAM B. COGGINS and Wife, MARGARET H. COGGINS, hereinafter referred to as COGGINS, of Reston, Virglnla,and ROE T=RT KINSMAN , hereinafter, referred to as KINSMAN, of Brunswick County, North Carolina. WITNESSETH = WHEREAS COGGIN$ IS the owner of Lot 17, Players Club, Section, s, St. James Plantation, as shown on a plat thereof recorded in Map Cabinet 23, Page 219, t3ffiC6 of the Register of Deeds of Brunswick'County, North Carolina, and KINSMAN Is the owner of Lot 3, Piavers club, section 6, St_ James Plantation as shown on a plat thereof recorced in Map Cabinet 23, Page 219, office of the Register of Deeds of Brunswick County, North Carolina, eacn of which lots is subject to the Master Declaration of covenants, Conditions and Restrictions for St. James Plantation recorded in uooK a3s at page 453, B; unswick County Registry, and each of Which lots is subject to Restrictive Covenants tor section 6 recorded in Book 1383„at page 714, Brunswick County Registry; and WHEREAS the Master Dec'laratian of Covenants, conditions and,Restrictians requires a minlnlum, Square footage per lot and Title 15 NCAC 2H.1000 the CoaStal IiCOY nmater Management Regulations require a maXIMUm allowable bullt-upon area Del^ lot; a ld WHEREAS COGGINS needs additional Impervious surface for a lot to enable h1m to Construct a driveway .for residential structure on said lot and KINSMAN has am612 impervious surface on his lot so that he can transfer to COGGINS enough Impervious surface to allow COGGINS t0 build and has so agreed to do;.and Td wdzs:titi 500a sz -mod Me.ZZsz: 'on MA woad Feb-25-2005 12:12pm 41'rom-PREVATTE +0104570237 T-320 P.003/004 F-714 NOW, 'THEREFORE, for and In consideration of the sum of one Thousand Dollars M,000.60) paid by 'COGGINS to KINSMAN, KINSMAN hereby transfers to COOGII45 Six Hundred and Fifty (650) square feet of impervious surface coverage:from lot 3 to lot 97 for the USe and benefit of COCGINS. COGOINs snail be responsible for securing final approval from the St. James ArChitectural Control Committee before finalization of this transfer and utilization of Impervious clrea by COGGINS. IN WITNESS WHEREOF, the parties have hereunto Set.their hands and Seals this the day of h 2005. WILLIAM B. COGGINS 11 159AL) MARGA ET H. COCC/6 (SrAU R .KIN MAN. �-- STATE of NORTH CARO'LINA COUNTY OF BRUNNSWICK I, A A.-I �„ , a Notary Public for said County and State, d0 hereby tify that V�1 IL IL AM S. COGGINS and, wife, MARGARET 14. COCOINS, personally appeared.before me this day and acknowledged the due execution of the foregoing Instrument. Witness my hand and official seal, this the /y" day of ;FC )rz,_Qadzoos. Nqpr➢!Public My Commission Expires 1 �i„„�I .� N1.Y77.LL^.!L�1.3.�.Yq:47Sw'".3t7s and W!!SS:SS Seem SE 'qa.4 MdZE5Z, 'ON Htij , NOZId Feb-25-2005 12:12pm i From-PREVATTE +3104570237 T-320 P.004/004 F-714 STATE,OF NORTH CAROLINA COUNTY Olh BRI.I,NSWICK .. a Notary Public for said County and State, CIO hereb certify that RO13RRT KINSMANersonally appeared be-Pore me this day and acKr3owladged the due execution of The foregoing Instrument. witness my nand and Off iclal seal, this the iyyi day of , Zoos. Lary Public My Commission Expires: ,, .Y.'llPd GGQCIX,itM1'WSnXXxl Y• Ed WW1Z5;TT Seel SE '9�d ew-Mse, "ON XUA WQLI� TRII'P ENGINEERING, P.C. 0 419 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 FAX: (910) 763-5631 n February 18,2005 William B. and Margaret H. Coggins �t 1307 Windleaf Drive, Unit N e( Reston, VA 20194 Re: Lot 17, Section 6, Players Club St. James Plantation TE 05013 Dear Mrs. Coggins, We are in receipt of your information with reference to your home site. We have reviewed the information,as well as the surveys for Lot Nos. 3 and 17,section 6,Players Club, St. James Plantation, and offer the following: Based on our review, we agree that Lot No. 3 has 2,097 square feet of unused impervious area. In accordance with appendix F of the St. James Plantation Restrictive Covenants, we confirm the additional impervious coverage is available. The increase of impervious area for Lot No. 17 from 6,500 square feet to 7,150 square feet,will have a minimal effect on stormwater runoff. Due to the location of this site,the slight increase in runoff will be accommodated by adjacent wetlands. The overall amount of nmoff for Section 6 remains unchanged. Finally, we have requested verification from the State as to requiring a permit modification. Not being the engineer of record for St. James Plantation, we are unable to request an in-depth major modification. We have asked the State to accommodate this as a minor change with a revised covenant amendment. As per appendix F, should the permit require a major modification, the Architectural Control Committee would coordinate with the engineer of record at your expense. We trust this information will allow your project to continue. Please contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. � �ARO ��/' RECEIVED p:pFEsslpti.,2 FEB 2 8 2005 _ SEAL 3 BY:�— o 17374 }a t Phillip G. Tripp, �i� /p GI... �REGO O,1% PGT:dcb Bruns-wick County—Register of Deeds Robert J. Robinson I Q N J Inst #1_L1117 Book 1576page 834 04/18/2002 11,19:35am Rec# Ti4 Q:ET TOTAL REV TC# C - IO O AEC# �CKAMT CK# l fe CASH ® REF �BY ED Prepared by: Schell Bray Aycock Abel &Livingston P.L.L.C. (JAM) MAY 2 0 2002 NORTH CAROLINA -BRUNSWICK COUNTY DECLARATION OF RESTRICTIVE COVENANTS AND EASEMNTS SW w —z FOR ST. JAMES PLANTATION 1?0 ao3 PLAYERS CLUB PUD PHASE II REGENCY PARK, SECTION 5 — PLAT 1 THIS DECLARATIONOF RESTRICTIVE COVENANTS AND EASEMENTS is made as of YL , 2002, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County, North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of Regency Park, Section 5 — Plat 1, St. James Plantation, recorded in Map Cabinet 2-(o , Page Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plat is hereinafter referred to as the "Plat"). WHEREAS, First St. James, Inc., a North Carolina corporation ("First St. James") is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry; WHEREAS, pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration and certain additional provisions as set 109079_1.DOC Inst # 111117 Book 1576page: 835 forth in said Amendment; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. LAND USE: The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co.. 2. RESUBDIVISION AND COMBINATION: No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot Or Lots owned by Development Co. A combined Lot may be created by (i) Development Co. replatting any two or more Lots, or (ii) Development Co. conveying two or more adjacent Lots to one party, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along side lot lines shall apply only to the exterior side lines of a combined Lot (unless specifically shown on the Plat). 3. NUISANCES: No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. DWELLING SIZE: No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 1,800 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. S. ARCHITECTURAL CONTROL: No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to 109079 I.DOC - 2 - Imt # 111117 Book 1576Page: 836 remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. BUILDING SETBACK AND PLACEMENT: So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. EASEMENTS: Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines, measured five (5) feet from the front and side property lines, five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon 109079 I.Doc - 3 - Inst # 111117 Book 1576Page: 837 such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. NO TEMPORARY STRUCTURES: Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. STREETS, FENCES, WALLS AND SIGNS: No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. ANIMALS: No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. OUTSIDE ANTENNAS AND SATELLITE DISHES: No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. BOATS, TRAILERS AND CERTAIN MOTOR VEHICLES: (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 109079 1.DOC - 4 - Inst @ .111117 Book 1576Page: 838 (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. OPERATION OF MOTOR VEHICLES: Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation, except those vehicles used in the course of permitted construction and development within St. James Plantation, or used for golf course or related purposes. 14. STORAGE RECEPTACLES: The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. OUTDOOR CLOTHES DRYING STRUCTURES: No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street, recreational area or adjoining property. 16. MAINTENANCE OF LOTS: All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. REPAIR OR REMOVAL OF IMPROVEMENTS: Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. REMOVAL OF TREES: No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. LAKES AND PONDS; PIERS ON LOTS 1-4 AND 35-38; USE OF BOATS BY OWNERS OF LOTS 1-5 AND 34-38: The rear lot lines of Lots 1-4, a portion of Lot 34, and Lots 35-38 are intended to coincide with the edges (at normal water levels) of the ponds adjacent to such Lots, as shown on the Plat. To the extent that such line of any such Lot falls short of the edge of the pond, an easement of ingress and egress from such line to the waters of the pond is hereby granted to the owner of such Lot, such easement to run with the title to the 109079 1.DOC - 5 - Inst # 111117 Book 1576Page: 839 Lot. The owner of each such Lot shall be responsible for maintaining the edge and bank of the pond along or adjacent to such Lot line and for controlling erosion or sedimentation into the pond from stormwater or other runoff from within such Lot. The owners of each of Lots 1-4 and 35-38 shall have the right to construct and maintain a wooden pier at the rear of the Lot, with dimensions not to exceed three (3) feet wide and ten (10) feet long from the top of the bank extending into the waters of the pond. The plans for any pier shall be subject to review and approval by the Architectural Control Committee. The owners and residents of each of Lots 1-5 and 34-38, and invited guests of any such owner or resident, shall have the right to use small, non-motorized boats (such as a canoe or kayak) on the pond. Except as expressly provided in this paragraph, no person shall have the right to launch or use any boat on the ponds shown on the Plat; provided that the Association and its agents shall have the right to use boats for maintenance purposes. Other uses of any lake or pond are subject to rules and regulations of the Association, which may include prohibition of use (except for the use rights expressly granted in this paragraph). An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. IMPERVIOUS SURFACE COVERAGE: No more than 6,000 square feet of the surface of any Lot, including that portion of the street right-of-way between the front Lot line and the edge of the pavement, shall be covered by structures or impervious materials. Impervious materials include asphalt, concrete, gravel, brick, stone, slate, coquina or similar materials, but do not include raised, open wood decking or the water surface of swimming pools. Filling in or piping of any vegetative conveyance (ditches, swales, etc.), except for average driveway crossings, is strictly prohibited. A thirty (30) foot wide vegetative buffer shall be maintained between all impervious areas and surface waters. All roof drains shall terminate at least thirty (30) feet from the mean high water mark. This paragraph is intended to ensure ongoing compliance with the stormwater management permit issued by the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality, and therefore may be enforced by the State of North Carolina. 21. WELLS:, All ground waters beneath the Lots are understood to be part of the available system for disposal of wastewater by the Association or another entity operating a wastewater treatment facility serving St. James Plantation. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. WETLANDS: Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality has been notified and all required approvals have been obtained. 1090 9 LDOC - 6 - Inst 6 111117 Hook 1576Page: 840 23. WAIVER OF AND CONSENT TO VIOLATIONS: Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 24. TERM: These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 25. AMENDMENT: These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 26. ENFORCEMENT: Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. SUCCESSORS AND ASSIGNS: The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. 109079 1.DOC - 7 - Inst N 111117 Hook 1576Page: 841 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: Manager/Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowled that he is Manager/Ahdiorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal, this 1'�day of (2d Zj 20 aa. (Notary Seal) SnL/yC. 'O,• �o�ARr `. Nota Public My Commission Expires:` ) 109079 t.DOC - 8 - Inst # 111117 Hook 157GPage: 842 Branch Banking and Trust Company, as holder of a promissory note secured by a deed of trust on the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust being recorded in Book 1117, Page 544, Brunswick County Registry, and the undersigned substitute trustee under said deed of trust, join in the execution hereof for the purpose of subordinating and subjecting said deed of trust and any amendments or modifications thereto to this Declaration. BRANCH BANKING AND TRUST COMPANY By: i v// s Vice Preswent Substitute Trustee NORTH CAROLINA -BRUNSWICK COUNTY 1 Ch 6401 p- ' �<eyxfl t_i, a Notary Public of said County and State, certify that f�7y\ t-+-c,l oo ijy �_ personally came before me this day and acknowledged that elshe i�s.` ' Vice President of BRANCH BANKING AND TRUST COMPANY, a corporation, and that Oshe aT Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. ii- " s K tNESS my hand and official seal, this I day of A-Cl( t 20 Notary Public i ys sron Expires: C �4 WWI I4 NORTH CAROLINA -BRUNSWICK COUNTY I, riS ' S f a Notary Public of said County and State, certify that I t 9P')(A7412 S-V-P'`i YLQ Su stitute Trustee, personally appeared before me this day and':acknowledged the execution of the foregoing instrument. . ;'x�11,Hu,quufq ESS my hand and official seal, this day of* ffi 45 A n :P' Gig 9�y Notary Public ion Expires: 109079 LDOC - 9 - STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK RECEIVED AUG 1 2 2005 BY:sw 8�Oi<03 BxLm.nvick County--Register of feed= Roberl: J. Robinson I'n i #281825 Book 2205R ac- 596 ff' 08/03/2005 02:47:27uo RecP ZQLZ3k,0 EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR(S) MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED RE: BOOK 2152 PAGE 1121 RECORDED IN THE BRUNSWICK COUNTY REGISTRY NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT: William B. Coggins and wife, Margaret H. Coggins and KE1 Robert Kinsman ?Gi?.L�F - ^+ I ':Lrr CK STATE OF NORTH CAROLINA C:;SH T =` -L -' COUNTY OF BRUNSWICK WE, THE ORIGINAL SIGNATORIES, WILLIAM B. COGGINS, MARGARET H. COGGINS AND ROBERT KINSMAN AND/OR THE ATTORNEY WHO PREPARED THE ORIGINAL INSTRUMENT, James R. Prevatte,Jr., Prevatte,Prevatte&Campbell,PLLC,HEREBY CERTIFY THAT THE FOLLOWING CORRECTIONS ARE MADE IN THE ABOVE NAMED RECORDED INSTRUMENT IN ACCORDANCE WITH THE PROVISIONS OF G.S. 47-36.1 RATIFIED JUNE 30, 1986. DESCRIPTION OF CORRECTION(S): To correct the fifth paragraph by changing Lot 17 TO Lot 3 so that the first phrase of the fifth paragraph now reads: "WHEREAS, Lot 3 currently contains 5220.09 square feet of built-upon area, ..." THIS THE 3R" DAY OF AUGUST, 2005 , (SEAL) James tte, Jr., Attomey THIS EXPLANATION STATEMENT TOGETHER WITH THE ATTACHED INSTRUMENT DULY RECORDED AT O'CLOCK THIS THE `3r`\ DAY OF 20Q�1N THE BOOK AND PAGE HOWN ON THE FIRST PAGE HEREOF. � 6Y REGISTER OF EDS �— AS=S27DEPUTY REGISTER OF DEEDS i Brunswick aunty--Register of Deeds Robert J. Robinson Inst 0275764 Book 2182Page 1121 07/05/2005 01:43:57pn Rec# z�g �n RET Ben Z f P6 3 TOTAL D 0 REV TC# Inst # 281825 Book 2205Page,: 597 REC# CKAMT .t0 CK# �=Ly 11' Ee_'e co� CASH REF By This Agreement and amendment of restrictions made this the �� day of �.1t1 LL 2005, by and between WILLIAM B. COGGINS and wife, MARGARET H. COGGINS hereinafter referred to as COGGINS and ROBERT KINSMAN. WHEREAS COGGINS is the owner of Lot 17, Players Club, Section 6, of St. James Plantation, recorded in Deed/Map Book 23 at Page 219 and ROBERT KINSMAN is the owner of Lot 3, Players Club, Section 6, of St. James Plantation, recorded in Deed/Map Book 839 at Page 453, each of which is subject to the Master Declaration of Covenants, conditions and Restrictions for St. James Plantation, recorded in Deed Book 839, Page 453, of the Brunswick County Registry, and each of which is subject to Restrictive Covenants for Section 6, recorded in Book 1383 at page 714, Brunswick County Registry; and WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions sets forth a maximum amount of built-upon area per lot, as required by Stormwater Management Permit No. SW8961103, issued pursuant to the requirements of Title 15A NCAC 2H.1000, the Coastal Stormwater Management Regulations, and currently allows a maximum built-upon area per lot of 6500 Square feet; and WHEREAS, COGGINS needs additional built-upon area for said lot to enable the construction of a residential structure on said lot, and KINSMAN has ample built-upon area leftover on his lot so Inst y 275764 Book 2182Page: 1122 Inst N 281.825 Book 2205Page: 598 that ROBERT KINSMAN can transfer to COGGINS sufficient built-upon area to allow COGGINS to build and has agreed to do so./ r WHEREAS, Lot,Y7"currently contains 5220.09 square feet of built-upon area, verified by an as-built survey dated February 8, 2005; which is 1279.91 square feet less than the permitted maximum; and Lot 17 needs 6988 square feet of built-upon area in order to construct the desired structure. NOW, THEREFORE, for and in consideration of the sum of One Thousand Dollars $1,000.00 ROBERT KINSMAN hereby transfers to COGGINS Six Hundred and Fifty (650) square feet of built- upon area from Lot 3 to Lot 17 for the sole use and benefit of COGGINS. Upon the recording of this instrument, Lot 17 is limited to a maximum of 7150 square feet of built-upon area and Lot 3 is limited to a maximum of 5850 square feet of built-upon area, as defined in NCAC 2H.1000. This Agreement is executed in duplicate originals on the day and year first above written. ( WILLIAM B. COGGINS, ner, Lot 17 ' a MARGA T H. COGGIN , Owner, Lot 17 r7> ROBERT KINSMA , Owner, Lot 3 Inst It 28182.5 Book 2205Page: 599 Inst 9 275764 Book 2182Page: 1123 (`E'_--ce—�-z rd STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK 1, the undersigned Notary Public of the County and State aforesaid, certify that WILLIAM B.COGGINS and wife, MARGARET H.COGGINS personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 51h day of July, 2005. ybtary Public My Commission Ezpires: a1�dr!/a?ro7 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, the undersigned Notary Public of the County and State aforesaid, certify that ROBERT KINSMAN personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 5u' day of July, 2005. N tary Public My Commission Expires: The foregoing Certificate(s) of Is/are certified to be correct. This instrument and this certificate are dulv reeistered at the date. a 11 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK MARY E DAVTs The Foregoing(or annexed)Certificate(s)of Notary(ies) Public is (are)Certified to be Correct. Jul 2005 This instrument was filed for Registration on this Sth Day of Y in the Book and page shown on the First Page hereof I �� RO E \ 'J. RO IN SON, Register of Deeds