SW8930803_Historical File_20141113

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla,Ill
Governor Secretary
November 13,2014
Mr.Sisca Bong,Cape Side Property Owners Association, Inc.
c/o Paul Derek Jarrett,Agent for Association
Cape Side Property vn riers Association, Inc.
G.
PO Box 12051
Wilmington, NC 28405
Subject: Stormwater Permit No.SW8 930803
Name/Ownership Change and Permit Extension
Cape Side Subdivision
Overall Low Density with Pockets of High Density Subdivision Project
Brunswick County
Dear Mr. Bong:
Effective August 1,2013 the State Stormwater program has been 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 any updated pages or
addendums to the permit will now reference DEMLR as the Division responsible for issuance of the permit.
On August 5,2009,the Governor signed Session Law 2009-406.This law impacts any development approval issued by
the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143 of the General Statutes,which is
current and valid ai any point beivveeri January 1,2006,and December 31,2010.The law extends the effective period of
any stormwater permit that was set to expire during this time frame up to three(3)years from its current expiration date.
On August 2,2010,the Governor signed Session Law 2010-177,which granted an extra year for an extension of up to four
(4)years.
On November 13,2014,the Division of Energy, Mineral and Land Resources(DEMLR)received a permit
Name/Ownership Change Form for the subject project which has been foreclosed on by the bank. A file review was
performed on November 13,2014 as a follow up to the site inspection on July 7,2014 by DEMLR staff and as noted in the
enclosed inspection report,the site is currently in compliance with the terms and conditions of the current state stormwater
permit. By acknowledging receipt of the permit,and by signing the Name/Ownership Transfer.form,you have accepted the
responsibility for complying with the terms and conditions outlined in this permit. The Division is hereby notifying you that
permit SW8 930803 has been transferred on November 13,2014 and to remind you that this permit shall be effective until
June 22,2021,which includes the extensions. For your records, please find enclosed a copy of the transferred and re-
issued permit,a copy of the inspection report,and a copy of the Name/Ownership Change form submitted on November
13,2014.
This permit is subject to the conditions and limitations as specified in the transferred and re-issued permit. Please pay
special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation
of deed restrictions,procedures for changes of ownership,transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater management system,to record deed
restrictions,to transfer the permit,or to renew the permit,will result in future compliance problems.
If any parts, requirements,or limitations contained in this permit are unacceptable,you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The written petition must
conform to Chapter 150B of the North Carolina General Statutes,and must be filed with the OAH within thirty(30)days of
receipt of this permit. You should contact the OAH with all questions regarding the filing fee(if a filing fee is required)
and/or the details of the filing process at 6714 Mail Service Center, Raleigh;NC 27699-6714,or via telephone at 919-431-
3000,or visit their website at vrrvw.NCOAH.com. Unless such demands are made this permit shall be final and binding.
Division of Energy, Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405•[phone]/Fax:[phone]

SVV8 930803
November 13,2014
If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with '
DEMLR in the Wilmington Regional Office at(910)796-7331.
Sincerely,
' p '
704 Tracy Davi , P.E., Director
Division of Energy, Mineral and Land Resources
GDS/kpj: \\\Stormwater\Permits&Projects11993193080312014 11 permit 930803
cc: Wilmington Regional Office Stormwater File
enc: Name/Ownership Change Form, November 13, 2014
Operation and Maintenance Agreement, Grassed Swales
Operation and Maintenance Agreement, Bioretention Cell
Inspection Report, November 13, 2014
Designer's Certification,July 13,2011
Page 2 of 2

State Stormwater Management Systems
Permit No. SW8 930803
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
OVERALL LOW DENSITY PROJECT WITH POCKETS OF HIGH DENSITY SUBDIVISION BIORETENTION CELL
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
Cape Side Property Owners Association, Inc.
Cape Side Subdivision
Old Georgetown Road(NCSR 1163), Calabash, Brunswick County
FOR THE
construction,operation and maintenance of an overall low density subdivision with a bioretention cell to treat the
collected portion of the drainage area, in compliance with the provisions of 15A NCAC 2H .1000,effective September
1, 1995(hereafter jointly and individually 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 and considered a part of this permit.
This permit shall be effective from the date of issuance until June 22, 2021 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.7 of this permit.The subdivision is permitted for 77 lots;each allowed a maximum of 4,300 square
feet of built-upon area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of this permit.
4. The overall low density shall be maintained at 30%or less.
5. A portion of the subdivision has been piped, resulting in the need for an engineered system to treat that
runoff.
6. Within the non-collected portion of the subdivision, no piping shall be allowed except that minimum amount
needed to drain runoff under a road for a driveway crossing.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 930803
7. The following design elements have been permitted for the bioretention basin stormwater facility,and must
be provided in the system at all times:
a. Drainage Area,acres: 8.17
Onsite,ft2: 355,750
Offsite,ft2: 0
b. Total Impervious Surfaces,ft2: 146,200
Lots at 4,300 ft2: 120,400
Roads/Parking,ft2: 25,800
Other,ft2: 0
Offsite,ft2: 0
c. Basin Depth,feet: 1.30
d. TSS removal efficiency: 85%
e. Design Storm: 1.0
f. Bottom Elevation, FMSL: 25.7
g. Permitted Surface Area @Bottom,ft2: 9,435
h. Permitted Storage Volume,ft3: 12,722
i. Storage/Bypass Elevation, FMSL: 27.0
Number of Plantings
58 trees
172 shrubs
k. Receiving Stream/River Basin: UT Calabash Creek/Lumber
I. Stream Index Number: 15-25-5
m. Classification of Water Body: "SA(>1/2 Mile)"
II.SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in,alter or pipe any drainage feature(such as swales)shown
on the approved plans as part of the stormwater system without submitting a revision to the permit and
receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including
driveways and sidewalks,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 Energy, Mineral and Land
Resources, and responsibility for meeting the built-upon area limit is transferred to the individual property
owner.
3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit,
the plans reviewed must include all proposed built-upon area. Any approvals given by the Board do not
relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
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 the approved plans, regardless of size.
b. Project name change
c. Transfer of ownership
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition,or sale of all or part of the project area. The project area is defined
as all proper y owned by the permittee,for which Sedimentation and Erosion Control Plan approval
or a CAMA Major permit was sought.
f. Filling in,altering,or piping of 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. All stormwater collection and treatments systems must be located in either dedicated common areas or
recorded easements. The final plats for the project will be recorded showing all such required easements,
in accordance with the approved plans.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 930803
7. 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.
8. The stormwater management system shall be constructed in its entirety,vegetated and operational for its
intended use prior to the construction of any built-upon surface.
9. During construction,erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility,the permittee shall cause a certification from an appropriate designer for the system
installed,to be submitted,certifying that the permitted facility has been installed in accordance with this
permit,the approved plans and specifications, and other supporting documentation. Any deviations from
the approved plans and specifications must be noted on the Certification.
11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition
prior to operation as a stormwater treatment device, and prior to occupancy of the facility.
12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the
North Carolina Erosion and Sediment Control Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at optimum efficiency. The approved Operation
and Maintenance Plan must be followed in its entirely and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections(every 6 months)
b. Sediment removal
c. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications
f. Debris removal and unclogging of structures,orifice,catch basins,and piping.
g. Access to all components of the system must be available at all times.
14. Records of maintenance activities must be kept and made available upon request to authorized personnel of
DENR. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
15. The permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit,the approved plans and specifications and other supporting data.
16. Prior to the sale of any lot,the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 930803 as issued by the Division 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 bidding on ail 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.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built upon area per lot is 4,300 square feet. This allotted amount includes any built-
upon area constructed within the lot property boundaries,and that portion of the right of way
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 930803
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,coquina and parking areas, but does
not include raised,open wood decking, or the water surface of swimming pools.
g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured horizontally
from and perpendicular to the normal pool of impounded structures,the top of bank of both sides of
streams and rivers,and the mean high water line of tidal waters.
h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable
built-upon area due to CAMA regulations.
i. All runoff on the lot must drain into the permitted system.This may be accomplished through
providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots that will naturally drain
into the system are not required to provide these measures.
j. Built-upon area in excess of the permitted amount will require a permit modification.
k. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in G.S. 143 Article 21.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat,and prior to selling lots.The recorded copy must contain all of the statements above,the
signature of the Permittee,the deed book number and page, and the stamp/signature of the Register of
Deeds.
18. Prior transfer of the permit,the stormwater facilities must be inspected by the Division and must be in
compliance with all permit conditions.Any items not in compliance must be repaired or replaced to design
condition prior to the transfer. Records of maintenance activities performed to date will be required.
19. Built upon area includes,but is not limited to,structures, asphalt,concrete,gravel, brick,stone,slate,
coquina and parking areas, but does not include raised,open wood decking,or the water surface of
swimming pools.
III.GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In
the event there is either a desire for the facilities to change ownership,or there is a name change fo the
Permittee,a Name/Ownership Change Form signed by both parties must be submitted to the Division of
Energy, Mineral and Land Resources accompanies by appropriate documentation as listed on that form.
The project must be in good standing with the DEMLR. The approval of this request will be considered on
its merits and may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time
as the Director approves the transfer request.
3. Any individual or entity found to be in noncompliance with the provisions of this storrmwater management
permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in
G.S. 143 Article 21.
5. 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.
6. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective
action, including those as may be required by this Division,such as the construction of additional or
replacement stormwater management systems.
7. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
Page 6 of 7

State Stormwater Management Systems
Permit No. SW8 930803
8. The Permittee grants permission to staff of the DENR to access the property for the purposes of inspecting
the stormwater facilities during normal business hours.
9. Approved plans,supplement forms, O&M Agreements and specifications for this project are incorporated by
reference and are enforceable parts of the permit.A copy of this permit,the supplement forms,the
Operation and Maintenance Agreements,and the approved plans and specifications shall be maintained on
file by the Permittee at al!times.
10. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this
permit. The renewal application shall include the required application,appropriate application fee and
documentation.
Permit transferred and reissued this the 13th day of November 2014.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
j Tracy D , P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 7

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION [-FORECLOSURE]
1. Stormwater Management Permit Number: Su) 8 R 3080E
2. Project Name: Carps S,dt Su64,wsfav -
3. Current Permit Holder's Company Name/Organization:
4. Signing Official's Name: Title:
5. Mailing Address:
City: State: Zip:
6. Phone: ( ) Fax: ( )
II. PROPOSED PERMITTEE/ OWNER / PROJECT/ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
Name change of project (Please complete Item 5 below)
Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address/phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Gape Side PrtTer j OwrWS AAsoc,ahar,kOc.
2. Proposed permittee's signing official's name: Raul perk Jarreff-
3. Proposed permittee's title: A jent- for ASsxland
4. Mailing Address: Po Box u.o51
City: wdmin5 t on State: NC- Zip: 28 405
Phone: C qto ) Co141- 30(7- Fax: (Beg ) i619 - V.,2.b
5. New Project Name to be placed on permit: Cape Side Sgbdtvision
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in#1 above and provide name of HOA/POA's authorized representative in#2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner information on page 4)
ECEIVE9
NOV 132014
SSW N/O Change Rev24Sept2012 Page 1 of 4 BY.

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
6. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION JoRECLoSURE-1
Please check one of the following statements and fill out the certification-below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
U Check here it current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, , the current permittee, am submitting this application
for a transfer of ownership for permit# . i hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as-built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: Date:
I, , a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
I)
Notary Signature flECEIvEfl
NOV 132014
SSW N/O Change Rev24Sept2012 Page 2 of 4 BY:

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, Cape Side Praper� OwrL'rs Ss°°4`17 n, Inc; hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
snr the most recent permit
the designer's certification for each BMP
any recorded deed restrictions, covenants, or easements
❑ the DWQ approved plans and/or approved as-built plans
3j the approved operation and maintenance agreement
epast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are no completed or if all required supporting information and attachments listed
above are not included, th . applii ation package will be returned as incomplete.
Signature: Date: °i3't{Loll
I, , a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my h and official seal,
CJ�
. 1Notary Seal)
Notary Signature
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee I developer and the property
owner will appear on the permit as permittees.
flECEIVEfl
NOV13
SSW N/O Change Rev24Sept2012 Page 3 of 4 qy.

ACKNOWLEDGMENT
State of Calif° nia
County of (Aic oe )
On (O/ i ( I t] before me, lArtri k .. . itteet-k_
(insert name and title offficer)
personally appeared S3(' 2( eor A ` e Wary Or cope _gI'de eon (‘c1c
who proved to me on the basis ot satisfactky evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DIVJOT K.SIB
WITNESS my hand =nd o al seal. ,` R`!' Commission#2036511
`',4 - ?, Notary Public-manta
V Pt/ Los Angeles County
Signature _ �_ )
Seal - it EV 11"0111
c
FIECEIVE
NOV 132014 I)
BY:

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name: 5isc t Bon
Organization: Cape SidQ Propel O xt cc Associahavi. (nc
Title within the Organization: Secretary
Street Address: Po Box I105(
City: Wilmifl -on State: WC Zip: Z840
Mailing Address:
(if different from street address)
City: State: Zip:
Phone: 9ro"61q -3012- Fax: B88- 199 - }bzfo
Email: SIscap,strza fac(Asa • Cam
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a per mittee along with the lessee/developer and i wili therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in ape opriate enforcement action including the assessment of
civil penalties of up to $25,000 per day a , ant to NCGS 143-215.6.
Signature of th property owner '►' Date: 1°13'124'11
I, , a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my h d and official seal,
(Notary Seal)
Notary Signature
I')ECEIVEA
NOV I Y0j4
BY.
SSW N/O Change Rev24Sept2012 Page 4 of 4

ACKNOWLEDGMENT
State of California
County of OA' P c )
On (C)/31/ 14 beforeme,
inse�ame and t I of the officer)
personally appeared ,S1g.� '): f ar`j coupe,raf, PCB I,
who proved to me on the basis of satisfacto -vi ence to be the pefson(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
DIY Mle�l
WITNESS my hand ial seal. r Commission i 2036514
`" , ' i Notary Public-ColNonW
1 fir- Lai Anp los County
� Comm. res 10 2017
Signature - _ --(Seal)
r E1VE..
NOV 132014
BY:

Permit Number:d f 9 30E03
(to be provided by DWQ)
Drainage Area Number.
Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected,repaired or replaced immediately. These deficiencies can affect the integrity
of structures,safety of the public,and the removal efficiency of the BMP.
Important operation and maintenance procedures:
- Immediately after the bioretention cell is established,the plants will be watered
twice weekly if needed until the plants become established(commonly six
weeks).
- Snow,mulch or any other material will NEVER be piled on the surface of the
bioretention cell.
- Heavy equipment will NEVER be driven over the bioretention cell.
- Special care will be taken to prevent sediment from entering the bioretention cell.
- Once a year,a soil test of the soil media will be conducted.
After the bioretention cell is established,I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problems: How I will remediate the problem:
The entire BMP Trash/debris is present. Remove the trash/debris.
The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to
bioretention cell erosive gullies have formed. remove the gully,and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe, The pipe is clogged(if Unclog the pipe. Dispose of the
stone verge or swale applicable). sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the Regrade the swale if necessary to
swale (if applicable). smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
Stone verge is clogged or Remove sediment and dogged
covered in sediment(if stone and replace with clean stone.
I applicable). I I
rECEIVE
NOV 13 2014
Y
Form SW401-Bioretention O&M-Rev.3 —
Page 1 of 4

BMP element Potential problems: How I will remediate the problem:
The pretreatment area Flow is bypassing Regrade if necessary to route all
pretreatment area and/or flow to the pretreatment area.
gullies have formed. Restabilize the area after grading.
Sediment has accumulated to Search for the source of the
a depth greater than three sediment and remedy the problem if
inches. possible. Remove the sediment and
restabilize the pretreatment area.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds,preferably by
hand.
The bioretention cell: Best professional practices Prune according to best professional
vegetation show that pruning is needed practices.
to maintain optimal plant
health.
Plants are dead,diseased or Determine the source of the
dying. problem: soils,hydrology,disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Tree stakes/wires are present Remove tree stake/wires(which
six months after planting. can kill the tree if not removed).
The bioretention cell: Mulch is breaking down or Spot mulch if there are only random
soils and mulch has floated away. void areas. Replace whole mulch
layer if necessary. Remove the
remaining much and replace with
triple shredded hard wood mulch at
a maximum depth of three inches.
Soils and/or mulch are Determine the extent of the clogging
clogged with sediment. -remove and replace either just the
top layers or the entire media as
needed.Dispose of the spoil in an
appropriate off-site location. Use
triple shredded hard wood mulch at
a maximum depth of three inches.
Search for the source of the
sediment and remedy the problem if
possible.
An annual soil test shows that Dolomitic lime shall be applied as
pH has dropped or heavy recommended per the soil test and
metals have accumulated in toxic soils shall be removed,
the soil media. disposed of propel/and replaced
with new planting m F IV
NOV 132014t
Form SW401-Bioretention O&M-Rev.3 --Page.-2-of 4

BMP element Potential problems: How I will remediate the problem:
The underdrain system Clogging has occurred. Wash out the underdrain system.
of applicable)
The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of
the sediment off-site.
The drop inlet is damaged Repair or replace the drop inlet.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
F 4r,FIVE
NOV 13 2014
BY:
Form SW401-Bioretention O&M-Rev.3 Page 3 of 4

Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name: apt. Sick. sjbaN 1.1
BMP drainage area number:
Print name: Jk 30G
Title: %tom c-cre
Address: lb Pan,- poor / 1,, 11 rhttran , t� tilStteiS
Phone: qr.()- Cpiq- 3b 1 a---
Signature: 00--
Date: MIA/
Note: The legally responsible party should not be a homeowners association unless more than 50%of
the lots have been sold and a resident of the subdivision has been named the president.
I, (ih/r.71 p vv Apierc40 , a Notary Public for the State of
Dd r/� ¢ /d1i'rtc( , County of N eta (*ydva.v , do hereby certify that
Paul 0 54v ree 1'1 personally appeared before me this 2 53/
day of QG/o&G,i ,Wit/ , and acknowledge the due execution of the
forgoing bioretention maintenance requirements. Witness my hand and official seal,
CHRISTOPHER MANNING
NOTARY PUBLIC
NEW HANOVER COUNTY,NC
My Commission Expires 6-13-2017
SEAL ` `
11 My commission expires 0flEC iu�
NOV 13 2014
BY:
Form SW401-Bioretention I&M-Rev.2 Page 4 of 4

Compliance Inspection Report
Permit: SW8930803 Effective:06/22/07 Expiration: 06/22/21
Project: Cape Side Subdivision Aka.Georgetown Es
Owner: Whitney Blair Inc
County: Brunswick Adress:
Region: Wilmington
City/State/Zip:
Contact Person: Jeff Sanderson Title: Phone: [phone]
Directions to Project:
Type of Project: State Stormwater-HD-Bioretention State Stomiwater Low Density
Drain Areas: 1-(Calabash River) (03-07-59)(SA;HQW)
2-(Calabash River) (03-07-59)(SA;HQW)
On-Site Representative(s):
Related Permits:
Inspection Date: 11/13/2014 Entry Time: 01:OOPM Exit Time: 02:OOPM
Primary Inspector: Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection
pe Type: Transfer Renewal
Permit Inspection Type: State Stomiwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

permit SW8930803 Owner-Project: Whitney Blair Inc
Inspection Date: 11/13/2014 Inspection Type Transfer Renewal Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? ❑
Signed copy of the Enginccr'c certification is in the file? E D G Q
Signed copy of the Operation&Maintenance Agreement is in the file? MOIDEI
Copy of the recorded deed restrictions is in the file? ® 0 0
Comment: File review only. See October 22.2014 emails on file for additional information on follow uo from the
previous inspection.
page: 2

•
TE 05126
State Stormwater Management Systems
Permit No. SW8 930803 Mod
Cape Side Subdivision
Stormwater Project No. SW8 930803
Brunswick County
Engineer's Certification
I, Phillip G. Tripp , as a duly registered Professional Engineer in the
State of North Carolina, having been authorized to observe (periodically
time) the construction of the project,
Cape Side Subdivision
(Project)
for Whitney Blair, Inc. (Project Owner) hereby state that, to the best
of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature (1 ,
ea[eeee eeeee e,,r
�� 0 '•FE j
.SS � � is
� o
Registration Number 17374 ; Z: 4o by a v
• SEAL S
Date 7• l • 1
-a; 17374 t
.1, j• GINEE •'•��bq~
r�ssp REGOn,00`moo
aei�ee

State Stormwater Management Systems
Permit No. SW8 930803
Certification Requirements: Page 2 of 2
i. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
All the built-upon area associated with the project is graded such that the
runoff drains to the system.
The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
ip 6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
0- 10. The permitted amounts of surface area and/or volume have been
provided.
p11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
A- 13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
A-1.4. The dimensions of the system, as shown on the approved plans, are
provided.

Y 4130303
•
BY-LAWS
OF
CAPE SIDE PROPERTY
OWNERS ASSOCIATION,INC.
Article I
Name,Principal Office and Definitions
Section 1. Name. The name of the Association shall be Cape Side Property
Owners Association,Inc. (hereinafter sometimes referred to as the"Association")
Section 2, Principal Office. The principal office of the Association in the State
of North Carolina shall be located in the County of Brunswick. The Association may
have such other offices,either within or without the State of North Carolina as the Board
of Directors may determine or as the affairs of the Association may require.
Section 3. Definitions, The words used in these By-Laws shall have the same
meaning as set forth in that Declaration of Protective Covenants,Restrictions,Easements
and Charges for Cape Side Subdivision(said Declaration,as amended,renewed or
extended form time to time,is hereinafter sometimes referred to as the"Declaration"),
unless the context shall prohibit.
Article lI
Association; Membership,Meetings,Quorum,Voting,Proxies
Section 1.Membership. The Association shall have two(2)classes of
membership,Class"I"and Class"II,as more fully set forth in the Declaration,the terms
of which pertaining to membership are specifically incorporated herein by reference.
Section 2. Place of Meetings. Meetings of the Association shall be held at the
principal office of the Association or at such other suitable place convenient to the
Voting Members as may be designated by the Board of Directors either within the
Properties or as convenient thereto as possible and practical.
Section 3. Annual Meetings. The first meeting of the Voting Members,whether
a regular or special meeting,shall be held within one(1)year from the date of
incorporation of the Association. The next annual meeting shall be set by the Board so as
to occur no more than ninety(90)days and no less than sixty(60)days before the close
of the Association's fiscal year. Subsequent regular annual meetings of the Voting
Members shall be held within thirty(30)days of the same day of the same month of each
year thereafter at an hour set by the Board. Subject to the foregoing,the annual meeting
shall be held at a date and time as set by the Board of Directors.
Section 4, Special Meetings, The President may call special meetings. In
addition,it shall be the duty of the President to call a special meeting of the Association
if so directed by resolution of a majority of a quorum of the Board of Directors or upon a
ECE%VE
NOV 13 2014
$Y:

petition signed by Voting Members who represent at least ten(10%)of the total
membership of the Association. The notice of any special meeting shall state the date,
time and place of such meeting and the purpose thereof. No business shall be transacted
at a special meeting except as stated in the notice.
Section 5. Notice of Meetings. Written or printed notice stating the place,day
and hour of any meeting of the Voting Members shall be delivered either personally or
by mail,to each Voting Member entitled to vote at such meeting,not less than ten(10)
nor more than forty:-five(45)days before the date of such meeting,by or at the direction
of the President or the Secretary or of the officers or persons calling the meeting.
The notice of any meeting shall state the time and place of the meeting and the
items on the agenda,including the general nature of any proposed amendment tot he
Declaration or these By-Laws,any budget changes,and any proposal to remove a
director or officer.
If mailed,the notice of a meeting shall be deemed to be delivered when deposited
in the United States mail addressed to the Voting Member at his address as it appears on
the records of the Association,with postage thereon prepaid.
Section 6. Waiver of Notice. Waiver of notice of a meeting of the Voting
Members shall be deemed the equivalent of proper notice. Any Voting Member may,in
writing,waive notice of any meeting of the Voting Members, either before or after such
meeting. Attendance at a meeting by a Voting Member or alternate shall be deemed
waiver by such Voting Member of notice of the time,date and place thereof,unless such
Voting Member specifically objects to lack of proper notice at the time the meeting is
called to order. Attendance at a special meeting shall also be deemed waiver of notice of
all business transacted thereat unless objection to the calling or convening of the meeting,
of which proper notice was not given,is raised before the business is put to a vote.
Section 7. Adjournment of Meetings If any meetings of the Association cannot
be held because a quorum is not present,a majority of the Voting Members who are
present at such meeting,either in person or by alternate,may adjourn the meeting to a
time not more than thirty(30)days from the time the original meeting was called. At the
reconvened meeting,if a quorum is present,any business which might have been
transacted at the meeting originally called may be transacted. The required quorum at the
reconvened meeting shall be one-half of the required quorum at the preceding meeting.
Section 8. Voting. The voting rights of the Members shall be as set forth in the
Declaration and Articles of Incorporation,and such voting rights provisions are
specifically incorporated herein.
Section 9. Proxies, Voting Mcrnbers may vote in person or by proxy.
Section 10. Majority. As used in these By-Laws,the team"majority"shall mean
those votes,owners or other group as thc context may indicate totaling more than fifty
(50%)percent of the total number.
2

Section 11. Quorum. Except as otherwise provided in these By-Laws or in the
Declaration,the presence in person or by alternate of the Voting Members representing
fifty-one(51%)percent of the total vote of the Association shall constitute a quorum at
all meetings of the Association. Any provision in the Declaration concerning quorums is
specifically incorporated herein. So long as a quorum is present at the opening of the
meeting,business may be transacted until adjournment notwithstanding the withdrawal
of enough Voting Members to leave less than a quorum in attendance. In the event that
business cannot be conducted at any meeting because a quorum is not present,that
meeting may be adjourned to a later date by the affirmative vote of a majority of those
present in person or by proxy. The quorum requirement at the next meeting shall be one-
half of the quorum requirement applicable to the meeting adjourned for lack of a quorum.
This provision shall continue to reduce the quorum by fifty percent(50%)from that
required at the previous meeting, as previously reduced,until such time as a quorum is
present.And business can be conducted.
Section 12. Conductof Meetings. The President shall preside over all meetings
of the Association, and the Secretary shall keep the minutes of the meeting and record in
a minute book all resolutions adopted at the meeting,as well as a record of all
transactions occurring thereat.
Section 13. Action Without a Meeting. Any action required by law to be taken at
a meeting of the Voting Members,or any action which may be taken at a meeting of the
Voting Members,maybe taken without a meeting if a consent in writing setting forth the
action so taken shall be signed by all of the Voting Members entitled to vote with respect
to the subject matter thereof,and such consent shall have the same force and effect as a
unanimous vote of the Voting Members.
Article III
Board of Directors
Number,Powers, Meetings
A. Composition and Selection.
Section 1. Governing Body: Composition. The affairs of the Association shall be
governed by a Board of Directors each of whom shall have one(1)vote. Except as
provided in Section 2 of this Article,the Directors shall be Members. In the case of an
Owner which is a corporation or partnership,the person designated in writing to the
secretary of the Association as the representative of such corporation or partnership shall
be eligible to serve as a director.
Section 2. Directors During Class"11"Control. The Directors shall be selected by
the Class"II"Member acting in its sole discretion and shall serve at the pleasure of the
Class`B"Member until the first to occur of the following:
3

(i) when one hundred (100%)percent of the Lots subject to or which may
become subject to the Declaration have been conveyed to Persons other
than the Declarant or builders holding title for purposes of development
and sale;or
(ii) on December 31,2015, or
(iii) when, in its discretion,the Class"Ir'member so determines and executes
and records an instrument forfeiting its Class"II"membership.
Within ninety(90)days thereafter,the Class"Il"member shall call a meeting,as
provided in Article II, Section 4,of these By-Laws for special meetings,to advise the
membership of the termination of the Class"11"member's control or.in the alternative_
shall notify each member by U.S.Mail that the Class"II'Membership has terminated.
The Directors selected by the Class"II"member pursuant to this Section need not
be Members as provided in Section I of this Article.
Section 3. Veto. This Section 3 may not be amended without the express,written
consent of the Class"II"member,as long as the Class"11"membership exists,
So Iong as the Class"II"membership exists,the Class"II"member shall have a
veto power over all actions of the Board and any committee, as is more fully provided in
this Section, This veto power shall be exercisable only by the Class"II"member,its
successors,and assigns who specifically take this power in a recorded instrument, The
veto power shall be as follows:
No action authorized by the Board of Directors or any committee shall become
effective,nor shall any action,policy,or program be implemented until and unless:
(a) The Class"iI"member shall have been given written notice of all meetings
and proposed actions approved at meetings of the Board or any committee by
certified mail,return receipt requested,or by personal delivery at the address
it has registered with the Secretary of the Association,as it may change form
time to time,which notice complies as to the Board of Directors meetings
with this Article III,Sections 10 and 11,of these By-Laws as to regular
meetings held pursuant to the By-Laws,setting forth in reasonable
particularity the agenda to be followed at said meeting;and
(b) The class"II"member shall be given the opportunity at any such meeting to
join in or to have its representatives or agents join in discussion from the floor
of any prospective action,policy,or program to be implemented by the Board,
any committee,or the Association. The Class"II"member and its
representatives or agents shall make its concerns,thoughts,and suggestions
known to the members of the subject committee and/or the Board. The Class
"II"member shall have and is hereby granted a veto power over any such
action,policy,or program authorized by any committee or Board or the
Association or any individual member of the Association if Board,
Committee,or Association approval is necessary for said action. This veto
4

may be exercised by the Class"II"member,its representatives,or agents at
any time within ten(10)days following the meeting held pursuant to the
terms and provisions hereof. Any veto shall not extend to the requiring of any
action or counter action on behalf of any committee,or the Board or the
Association.
Section 4. Number of Directors. The number of Directors of the Association
shall not be less than three(3)nor more than seven(7),as provided below. The initial
Board shall consist of three(3)members as identified in the Articles of Incorporation.
Except during the period of Class IT control as provided in Section 2 of this Article,
directors shall be elected from and shall represent the Voting Members.
Section 5. Nomination of Directors. Except with respect to directors selected by
the Class"II"Member,nominations for election to the Board of Directors shall be made
by a Nominating Committee which shall consist of a Chairman,who shall be a member
of the Board of Directors,and three(3)or more Members of the Association. The
Nominating Committee shall be appointed by the Board of Directors not less than thirty
(30)days prior to each annual meeting of the Voting Members to serve from the close of
such annual meeting until the close of the next annual meeting,and such appointment
shall be announced at each such annual meeting. The Nominating Committee shall
make as many nominations for election to the Board of Directors as it shall in its
discretion determine,but in no event less than the number of vacancies or terms to be
filled. Nominations shall be permitted from the floor. All candidates shall have a
reasonable opportunity to communicate their qualifications to the Members and to
`solicit votes.
Section 6. Election and Term of Office. Notwithstanding any other provision
contained herein:
(a) Within thirty(30)days after the time Class"I"Members,other than the
Delclarant or a builder holding title solely for purposes of development and
sale,own fifty(50%)percent of the Lots,or whenever the Class"II"Member
earlier determines,the Association shall call a special meeting to be held at
which Voting Members other than the Class"II"member shall elect one(1)
of the three(3)directors who shall be an at-large director. The director so
elected shall not be subject to removal by the Class"ll"Member acting alone
and shall be elected for a term of two(2)years or until the happening of the
event described in subsection(b)below,whichever is shorter. If such
director's term expires prior to the happening of the event described in
subsection(b)below,a successor shall be elected for a like term.
(b) At the first annual meeting of the membership after the termination of the
Class"II"Control and at each annual meeting of the membership thereafter,
directors shall be elected by the Voting Members.
Two(2)directors shall be elected to serve for a term of(3)years. Two(2)
directors shall be elected to serve for a term of two(2)years,with one(I)director
5

elected to serve for a one(1)year term. Members of the Board of Directors shall hold
office until their respective successors shall have been elected to serve any number of
consecutive terms.
Section 7. Removal of Directors and Vacancjga,, Directors may be removed,with
or without cause,by a majority vote of the Class"I"and Class"II"Voting Members,
Any director whose removal is sought will be given notice prior to any meeting called
for that purpose. Upon removal of a director,a successor shall then and there be elected
to fill the vacancy by the Voting Members responsible for such removal.
Any director who has three(3)consecutive unexcused absences from Board
meetings or who is delinquent in the payment of any assessment for more than thirty
(30)days may be removed by a majority of the directors present at a regular or special
meeting at which a quorum is present,and a successor may be appointed by the Board.
In the event of the death,disability,or resignation of a director,a vacancy maybe
declared by the Board and it may appoint a successor. Any director appointed by the
Board shall serve for the remainder of the term such successor was appointed to fill.
Section 8. Voting Procedure for Directors. At any election of directors to the
Board of Directors,each Voting Member may cast,in respect to each vacancy,as many
votes as he or she is entitled to exercise under the Declaration. The candidates receiving
the largest number of votes shall be elected.
B. Meetings.
Section 9, Organizational Meetings. The first meeting of the Board of Directors
following each annual meeting of the membership shall be held within ten(10)days
thereafter at such time and place as shall be fixed by the Board.
Section 10. Regular Meetings Regular meetings of the Board of Directors may be
held at such time and place as shall be determined from time to time by a majority of the
Directors, but at least four(4) such meetings shall be held during each fiscal year with at
least one(1)per quarter. Notice of the time and place of the meeting shall be
communicated to Directors not less than four(4)days prior to the meeting;provided,
however,notice of a meeting need not be given to any Director who has signed a waiver
of notice or a written consent to holding of the meeting.
Section I I, Special Meetings. Special meetings of the Board of Directors shall be
held when called by written notice signed by the President or by a majority of directors.
The notice shall specify the time and place of the meeting and the nature of any special
business to be considered. The notice shall be given to each director by one of the
following methods: (a)by personal delivery;(b)written notice by first class mail,
postage prepaid,(c)by telephone communication,either directly to the director or to a
person at the Director's office or home who would reasonably be expected to
communicate such notice promptly to the director: or(d)telegram,charges prepaid. All
such notices shall be given by use of the director's telephone number arid shall be sent to
6

the director's address as shown on the records of the Association. Notices sent by first
class mail shall be deposited into a United States mailbox at least four(4)days before the
time set for the meeting. Notices given by personal delivery,telephone or telegraph shall
be delivered,telephoned,or given to the telegraph company at least seventy-two(72)
hours before the time set for the meeting.
Section 12. Waiver of Notice. The transactions of any meeting of the Board of
Directors,however called and noticed or wherever held,shall be as valid as though taken
at a meeting duly held after regular call and notice if(a)a quorum is present, and(b)
either before or after the meeting each of the directors not present signs a written waiver
of notice,a consent to holding the meeting,or an approval of the minutes. The waiver of
notice or consent need not specify the purpose of the meeting. Notice of a meeting shall
also be deemed given to any director who attends the meeting without protesting before
or at its commencement about the lack of adequate notice.
Section 13. Quorum of Board of Directors. At all meetings of the Board of
Directors,a majority of the directors shall constitute a quorum for the transaction of
business,and the votes of a majority of the directors present at a meeting at which a
quorum is present shall constitute the decision of the Board of Directors. A meeting at
which a quorum is initially present may continue to transact business,notwithstanding
the withdrawal of directors,if any action taken is approved by at least a majority of the
required quorum for that meeting. In the event that business cannot be conducted at any
meeting because a quorum is not present,that meeting may be adjourned to a later
meeting shall be one-half of the quorum requirement applicable to the meeting adjourned
for lack of a quorum. This provision shall continue to reduce the quorum by fifty percent
(50%)from that required at the previous meeting,as previously reduced,until such time
as a quorum is present and business can be conducted.
Section 14. Compensation. No director shall receive any compensation from the
Association for acting as such unless approved by Members holding a majority of the
total vote of the Association at a regular or special meeting of the Association;provided
any director may be reimbursed for expenses incurred on behalf of the Association upon
approval of a majority of the other directors.
Section 15. Conduct of Meetings. The President shall preside over all meetings of
the Board of Directors,and the Secretary shall keep a minute book of meetings of the
Board of Directors,recording therein all resolutions adopted by the Board of Directors
and all transactions and proceedings occurring at such meetings.
Section 16. Open Meetings. Subject to the provisions of Section 17 of this Article,
all meetings of the Board shall be open to all Voting Members,but Voting Members
other than directors may not participate in any discussion or deliberation unless
permission to speak is requested on his or her behalf by a director: In such case,the
President may limit the time any Voting member may speak.
Section 17. Action Without a Formal Meeting. Any action to be taken at a meeting
of the directors or any action that tray be taken at a meeting of the directors may be take
7

without a meeting if a consent in writing,setting forth the action so taken,shall be signed
by all of the directors,and such consent shall have the same force and effect as a
unanimous vote.
C. Powers and Duties.
Section 1 S. Powers. The Board of Directors shall be responsible for the affairs of
the Association and shall have all of the powers and duties necessary for the
administration of the Association's affairs and,as provided by law,may do all acts and
things as are not by the Declaration,Articles,or these By-Laws directed to be done and
exercised exclusively by the Voting Members or the membership generally.
The Board of Directors shall delegate to one of its members the authority to act
on behalf of the Board of Directors on all matters relating to the duties of the managing
agent or manger,if any which might arise between meetings of the Board of Directors.
In addition to the duties imposed by these By-Laws or by any resolution of the
Association that may be hereafter adopted,the Board of Directors shall have the power to
and shall be responsible for the following,in way of explanation,but not limitation:
(a)preparation and adoption of an annual budget in which there shall be
established the contribution of each Owner to the Common Expejses;
(b)making assessments to defray the Common Expenses,establishing the means
and methods of collecting such assessments,and establishing the due date of the
payment of thc annual assessment;
(c)providing for the operation,care,upkeep,and maintenance of all of the
Common Areas or other areas for which the Association has maintenance responsibility;
(d)designating,hiring,and dismissing the personnel necessary for the maintenance,
operation,repair and replacement of the Association property,and the Common Areas
and,where appropriate,providing for the compensation of such personnel and for the
purchase of equipment,supplies,and materials to be used by such personnel in.the
performance of their duties;
(e)collecting the assessments,depositing the proceeds thereof in a bank depository
which it shall approve,and using the proceeds to administer the Association;provided,
any reserve fund may be deposited,in the directors'best business judgment,in
depositories other than banks;
(f)making and amending rules and regulations;
(g)opening of bank accounts on behalf of the Association and designating the
signatories required;
B

(h)making or contracting for the making of repairs,additions,and improvements to
or alterations of the Common Area or other areas for which the Association has
maintenance responsibility,in accordance with the other provisions of the Declaration
and these By-Laws after damage or destruction by fire or other casualty;
(i)enforcing by legal means the provisions of the Declaration,these By-Laws,and
the rules and regulations adopted by it,including the imposition of reasonable fines and
bringing any proceedings which may be instituted on behalf of or against the Owners
concerning the Association;
(j)obtaining and carrying insurance against casualties and liabilities,as provided in
the Declaration, and paying the premium cost thereof;
(k)paying the cost of all services rendered to the Association or its members and
not chargeable to Owners;
(I)keeping books with detailed accounts of the receipts and expenditures affecting
the Association and its administration,specifying the maintenance and repair expenses
and any other expenses incurred. The said books and vouchers accrediting the entries
thereupon shall be available for examination by the Owners and mortgagees,their duly
authorized agents,accountants,or attorneys,during general business hours on working
days at the time and in a manner that shall be set and announced by the Board of
Directors for the general knowledge of the owners. All books and records shall be kept
in accordance with generally accepted accounting principles;
(in)making available,at reasonable cost,to any prospective purchaser of a Lot,any
Owner of a Lot,any first Mortgagee, and the holders,insurers,and guarantors of a first
Mortgage on any Lot,current copies of the Declaration,the Articles of Incorporation,the
By-Laws,rules governing the Lot,and all other books,records,and financial statements
of the Association;and
(n)permitting utility suppliers to use portions of the Common Area reasonably
necessary to the ongoing development or operation of the Properties.
Section 19. Management Agent.
(a)The Board of Directors may employ for the Association a professional
management agent or agents at a compensation established by the Board of Directors to
perform such duties and services as the Board of Directors shall authorize, The Board of
Directors may delegate to the managing agent or manager,subject to the Board's
supervision,all of the powers granted to the Board of Directors by these By-Laws,other
than the powers set forth in subparagraphs(a),(b),(f),(g),and(i)of section 18 of this
Article. The Declarant,or an affiliate of the Declarant,may be employed as managing
agent or manager.
9

(b)No management contract may have a term in excess of one(1)year and must
permit termination by either party without cause and without termination fee or penalty
on ninety(90)days or less written notice.
Section 20. Accounts and Reports. The following management standards of
performance will be followed unless the Board by resolution specifically determines
otherwise:
(a) accrual accounting,as defined by generally accepted accounting principles,
shall be employed;
(b)accounting and controls shall confirm to generally accepted accounting
principles;
(b) cash accounts of the Association shall not be commingled with any other
accounts;
(c) no remuneration shall be accepted by the managing agent from vendors,
independent contractors,or others providing goods and services to the Association,
whether in the form of commissions,finder's fees, service fees,prizes,gifts,or
otherwise;unless it benefits the Association;
(e)any financial or other interest which the managing agent may have in any firm
providing goods or services to the Association shall be disclosed promptly to the Board
of Directors;
(f)commencing at the end of the month in which the first Lot is sold and closed,
financial reports shall be prepared for the Association at least quarterly containing:
(i)an income statement,reflecting all income and expense activity for the
preceding period on an accrual basis;
(ii)a variance report reflecting the status of all Association ledger
accounts in an"actual"versus"approved"budget format;
(iii)a balance sheet as of the last day of the preceding period;and
(iv)a delinquency report listing all Owners who are delinquent In paying
the assessments at the time of the report and describing the status of any action to
collect such installments which remain delinquent(An assessment shall be considered to
be delinquent on the fifteenth(151h)day of the month it is due unless otherwise
determined by the Board of Directors)and
(g)an annual report as of the end of the fiscal year consisting of at least the
following shall be distributed to all Members within one hundred twenty(120)days after
the close of the fiscal year: (1)a balance sheet;(2)an operating(income)statement; and
(3)a statement of changes in financial position for the fiscal year. The annual report
f0

referred to above shall be prepared on an audited,reviewed,or unaudited basis,as
determined by the Board,by an independent certified public accountant for any fiscal
year in which the gross income of the Association exceeds Fifty Thousand and No/100
($50,000.00)Dollars. If said report is not prepared by an independent certified public
accountant,it shall be accompanied by the certificate of an authorized officer of the
Association that the statements were prepared without audit from the books and records
of the Association.
Section 21. Borrowing., The Board of Directors shall have the power to borrow
money for the purpose of repair and restoration of the Common Areas without the
approval of the membership;provided,however,the Board shall obtain Voting Member
approval in the same manner provided in Article V of the Declaration for encumbrance of
Common Areas,and Article V of the Declaration for special assessments in the event that
the proposed borrowing is for the purpose of modifying,improving,or adding amenities,
and the total amount of such borrowing exceeds or would exceed five(5%)percent of the
budgeted gross expenses of the Association for that fiscal year.
Section 22. Rights of the Association. With respect to the Common Areas,and
in accordance with the Articles of Incorporation and By-Laws of the Association,the
Association shall have the right to contract with any Person for the performance of
various duties and functions. Without limiting the foregoing,this right shall entitle the
Association to enter into common management,operational,or other agreements with
neighborhood and other owners or residents association,both within and without the
Properties. Such agreements shall require the consent of two-thirds(2/3)of all Directors
of the Association.
The Association shall not be bound,either directly or indirectly,by any contract,
lease,or other agreement(including any management contract)executed during the
period of Class"II"control unless such contract,lease or other agreement contains a
right of termination exercisable by either party without penalty at any time,with or
without cause,upon not more than ninety(90)days notice to the other party.
Notwithstanding anything to the contrary contained herein,the Association,
through its Board of Directors,shall have the right to enter into a declaration of easement
and covenant to share costs or similar arrangement whereby the Association assumes
maintenance responsibility for property which it does not own,or grants easements to
entities which are not Members,in consideration for payment by the owner of such
property or such nonmembers of all or a portion of the costs associated with such
maintenance or use.
Section 23. Enforcement, Pursuant to N.C.G.S. Section 47F-3-107A,the Board
shall have the power to impose reasonable fines,not to exceed the maximum statutory
amount,which shall constitute a lien upon the property of the violating Owner,and to
suspend an Owner's right to vote or to use the Common Area for violation of any duty
imposed under the Declaration,these By-Laws,or any rules and regulations adopted
hereunder;provided,however,nothing herein shall authorize the Association or the
11

•
Board of Directors to limit ingress and egress to or from a Lot. In the event that any
occupant of a Lot violates the Declaration,By-Laws,or a rule or regulation and a fine is
imposed,the fine shall first be assessed against the occupant;provided,however,if the
fine is not paid by the occupant within the time period set by the Board,the Owner shall
pay the fine upon notice from the Association. The failure of the Board to enforce any
provision of the Declaration,By-Laws,or any rule or regulation shall not he deemed a
waiver of the right of the Board to do so thereafter.
(a) Notice. Prior to imposition of any sanction hereunder,except the suspension
of voting rights for nonpayment of assessments,the Board or its delegate shall serve the
alleged violator with written notice describing(i)the nature of the alleged violation,(ii)
the proposed sanction to be imposed,(iii)a period of not less than ten(10)days within
which the alleged violator may present a written request to the Covenants Committee,if
any,or Board of Directors for a hearing;and(iv)a statement that the proposed sanction
shall be imposed as contained in the notice unless a challenge is begun with then(10)
days of the notice. If a timely challenge is not made,the sanction stated in the notice
shall be imposed.
(b) Hearing. If a hearing is requested in a timely manner,the hearing shall be
held in executive session affording the Owner a reasonable opportunity to be heard.
Prior to the effectiveness of any sanction hereunder,proof of proper notice shall be
placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of
the notice,together with a statement of the date and manner of delivery,is entered by the
officer,director,or agent who delivered such notice. The notice requirement shall be
deemed satisfied if the alleged violator appears at the meeting. The minutes of the
meeting shall contain a written statement of the results of the hearing and the sanction,if
any,imposed.
(a) Appeal. Following a hearing before the Covenants Committee,the violator
shall have the right to appeal the decision to the Board of Directors. To perfect this right,
a written notice of appeal must be received by the manager,President,or Secretary of the
Association within thirty(30)days after the hearing date.
(b)Additional Enforcement Rights. Notwithstanding anything to the contrary
Herein contained,the Association,acting throughout the Board of Directors,may elect to
enforce any Provision of the Declaration,these By-Laws,or the rules and regulations of
the Association, by self-help(specifically including,but not limited to,the towing of
vehicles that are in violation of parking rules and regulations)or by suit at law or in
equity to enjoin any violation or to recover monetary damages or both without the
necessity of compliance with the procedure set forth above. In any such action,to the
maximum extent permissible,the Owner or occupant responsible for the violation of
which abatement is sought shall pay all costs,including reasonable attorney's fees
actually incurred.
12

ARTICLE IV
Officers
Section 1. Officers. The officers of the Association shall be a President,Vice
President,Secretary,and Treasurer,to be elected from among the members of the Board.
The Board of Directors may appoint such other officers,including one or more Assistant
Secretaries and one or more Assistant Treasurers,as it shall deem desirable,such officers
to have the authority and perform the duties prescribed from time to time by the Board of
Directors. Any two(2)or more offices may be held by the same person,except the
offices of President and Secretary.
Section 2. Election.Term of Office and Vacancies. The officers of the
Association shall be elected annually by the Board of Directors at the first meeting of the
Board of Directors following each annual meeting of the representatives of the
membership,as herein set forth in Article III. A vacancy in any office arising because of
death,resignation,removal,or otherwise may be filled by the Board of Directors for the
unexpired portion of the term.
Section 3. Removal. Any officer may be removed by the Board of Directors
whenever in its judgment the best interests of the Association will be served thereby.
Section 4, Powers and Duties. The officers of the Association shall each have
such powers and duties as generally pertain to their respective offices,as well as such
powers and duties as may from time to time be specifically conferred or imposed by the
Board of Directors. The President shall be the chief executive officer of the Association.
The treasurer shall have primary responsibility for the preparation of the budget as
provided for in the Declaration.
Section 5. Resignation. Any officer may resign at any time by giving written
notice to the Board of Directors,the President,or the Secretary. Such resignation shall
take effect on the date of the receipt of such notice or at any later time specified therein,
and unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
Section 6. Agreements,Contracts.Deeds.Leases.Checks.Etc. All agreements
contracts,deeds,leases,checks and other instruments of the Association shall be
executed by at least two(2)offiri rs or by such other person or persons as may be
designated by resolution of the Board of Directors.
ARTICLE V
Committees
Section 1. General. Committees are hereby authorized to perform such tasks and
to serve for such periods as may be designated by a resolution adopted by a majority of
the directors present at a meeting at which a quorum is present. Each committee shall
13

operate in accordance with the terms of the resolution of the Board of Directors
•
designating the committee or with rules adopted by the Board of Directors.
Section 2. Covenants Committee. In addition to any other committees which
may be established by the Board pursuant to Section 1 of this Article,the Board of
Directors may appoint a Covenants Committee consisting of at least three(3)and no
more than five(5)members. Acting in accordance with the provisions of the
Declaration,these By-Laws,and resolutions the Board may adopt,the Covenants
committee,if established,shall be the hearing tribunal of the Association and conduct all
hearings held pursuant to Article III,Section 23 of these By-Laws.
ARTICLE VI
Miscellaneous
Section 1. Fiscal Year. The fiscal year of the Association shall be set by
resolution of the Board of Directors.
Section2. Parliamentary Rules. Except as may be modified by Board resolution,
Robert's Rule of Order(current edition)shall govern the conduct of Association
Proceedings when not in conflict with North Carolina law,the Articles of Incorporation,
the Declaration,or these By-Laws.
Section 3. Conflicts. If there are conflicts or inconsistencies between the
provision of North Carolina law,the Articles of Incorporation,the Declaration,and these
By-Laws,the provisions of North Carolina law,the Declaration,the Articles of
Incorporation and the By-Laws(in that order)shall prevail.
Section 4, Books and Records.
(a) Inspection by Members and Mortgages. The Declaration and By-
Laws,membership register,books of account,and minutes of meetings of the Members,
the Board,and committees shall be made available for inspection and copying by any
Mortgagee,Member of the Association,or by his or her duly appointed representative at
any reasonable time and for a purpose reasonably related to his or her interest as a
Member at the office of the Association or at such other place within the Properties as the
Board shall prescribe.
(b) Rules for inspection. The Board shall establish reasonable rules with
respect to:
(i) notice to he given to the custodian of the records;
(ii) hours and days of the week when such an inspection may be
made;and
(iii) payment of the cost of reproducing copies of documents
requested.
(c) Inspection by Directors, Every director shall have the absolute
I4

right at any reasonable time to inspect all books,records,and documents of the
Association and the physical properties owned or controlled by the Association. The
right of inspection by a director includes the right to make extracts and a copy of relevant
documents at the expense of the Association,
Section 5. Notices. Unless otherwise provided in these By-Laws,all notices,
demands,bills,statements,or other communications under these By-Laws shall be in
writing and shall be deemed to have been duly given if delivered personally or if sent by
United States mail,first class postage prepaid:
(a) if to a Member or voting Member,at the address which the Member or
Voting Member has designated in writing and filed with the Secretary or,if no such
address has been designated,at the address of the Lot of such Member or Voting
Member;or
(a) if to the Association,the Board of Directors,or the managing agent,at
the Principal Office of the Association or the managing agent,if any,or at such other
address as shall be designated by notice in writing to the Members pursuant to this
Section.
Section 6, Amendment. Prior to the conveyance of the first Lot,Declarant may
unilaterally amend these By-Laws. After such conveyance,the Declarant may
unilaterally amend these By-Laws so long as it still owns any portion of that property
described in Exhibit"A"to the Declaration for development as part of the Properties and
so long as the amendments has no material adverse effect upon any right of any Member.
Thereafter and otherwise,these By-Laws may be amended only by the affirmative vote
(in person or by alternate)or written consent of Voting Members representing seventy-
five(75%)percent of the total votes of the Association,including seventy-five(75%)
percent of the votes of Members other than the Declarant. However,the percentage of
votes necessary to amend a specific clause shall not be less than the prescribed
percentage of affirmative votes required for action to be taken under that clause. No
amendment shall be effective until recorded in the public records of Brunswick County,
North Carolina.
IN WITNESS WHEREOF,the undersigned Cape Side Property Owner's
Association,Inc.has caused this instrument to executed this day of_ ,2001.
CAPE SIDE PROPERTY OWNERS
ASSOCIATION,INC. i
Its Presi� v f)
//v.
Attest:' tz J 4..Ji
its Secretary ,
15

lcw7 g3dpo3
14.--„,-iao-,,,,,,,,,t
: NORTH CAROLINA
„ ,
.w
`. ,', jr Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F.MARSHALL; Secretary of State of the State of North Carolina, do
hereby certify the following and hereto.attathed to be a true copy of
ARTICLES OF INCORPORATION
OF
•
CAPE SIDE PROPERTY OWNERS ASSOCIATION,INC.
the original of which was filed in this office on the 6th day of June,2001.
J~ OP ,
IN WITNESS WHEREOF,I have hereunto(
Alk
,54 set my hand and affixed my official seal at the
t ,; City of Raleigh,this 6th day of June,2001
'' 46 ill 11 -, ,(....; libiA&NmP4. 7,0441faee
. " Secretary of State
Document id 2116698ee
E1)BENCOV 13 2014
BY:

•
SOSID:0593474
State of North Carolina Date Filed:61612001 11:35 AM
Department of the Secretary of State Elaine F. Marshall
North Carolina Secretary of State
21 156 9066 INCORPORATIONARTICLES OF
NONPROFIT CORPORATION
Pursuant to§35A-2-02 of the General Statutes of North Carolina,the undersigned corporation does hereby submit those Articles or
r- e-,oration fbt the purpose of forr t•uq a nonprofit corporation.
1. The name of the corporation is: CAPE SIDE PROPERTY OWNERS ASSOCIATION. INC.
2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS§S5A-1-40(4).
3. The street address and county of the initial registered office of the corporation is:
Number and Street 6263 BEACH DR., SW
City,State,Zip Code OCEAN ISLE BEACH, NC 28469 County BRUNSWICIK
4. The tnaili g address tf different front the OW,address of the initial registered office is:
N/A
5. The atone of the initial registered agent is:
3RFFRBY L. SANDBRSQN
6, The name and address^Teach incorporator is as thilows;
JEFFREY L. SANDERSON
1829 EAST FRANKLIN STREET
900 B FRANKLIN SQUARE
CHAPEL HILL, NC 27514
7, (Check either a orb below.)
a. X The corporation will have members.
b. The corporation will not have members.
8. Attached are provisions regarding the distribution of the corporation's assets upon he dissolution. SEE ATTACHMENT "A"
9. Any other provisions which the coloration elects to include are attached.SEE ATTACHMENT "B"
10, The street address and county of the principal office of the corporation is:
6263 BEACH QR.. SW OCEAN ISLE BEACH NC 24469 County BRUNSWICK
11. The mailing address VV./rent/rent the street aderas of the principal office Is:
N/A
Rmdsed JsauAry 2000 Form by 01
r'nRpns AI'tnwg ntvtsTmr P n Rn c ri RAT.PUIll NC 1,7616-111•79

•
12. These articles will be effective upon filing,unless a later time and/or date is specified:
This is tltt+ day of JUNE gS 01
"1110
JEFFREY L. SANDERSON INCORPORATOR
Type or p hi,Incorporalor's name and hue, f c y
NOTES:
1. Filing fee is$60. This document and one exact or contbrmed copy of these articles must be filed with the Secretary of State.
Revised January 2000 Form N-Ol
C:ORPfRATTONN T1TVfSTf1N P 0 MY 9907 R AT PLOTS NC'976915-fk5�9

ATTACHMENT"A"
The nonprofit corporation is a mutual benefit corporation, Upon dissolution of
the mutual benefit corporation,the remaining assets shall be distributed to its members,
or if it has no members,to those persons to whom the corporation holds itself out as
benefiting or serving,

ATTACHMENT "
a. Membership. Every person or entity who is a record owner of a fee or undivided
fee interest in any Lot which is subject by covenants of record to assessment by
the Association shall be a member of the Association provided that any such
person or entity who holds such interest merely as a security for the performance
of an obligation shall not be a member.
b. Voting Rights. The Association shall have two(2)classes of voting membership.
Class I. Class I members shall be all Owners excepting Declarant. Class I
Members shall be entitled to one(1)vote for each Lot in which they hold the
interest required for membership by Section(a)above, When more than one
person holds such interest or interests in any Lot,the vote attributable to such Lot
shall be exercised as such persons mutually determine,but in no event shall more
than one(1)vote be cast with respect to any such Lot.
Class Il. The sole Class II Member shall be Declarant. The Class II Member
shall be entitled to total votes in an amount equal to twice the number of the Class
I votes plus one. The Class II membership shall cease and become converted to
Class I membership upon the conveyance to Lot Owners of 80%of all Lots
subject to this Declaration,or December 31.2015.whichever first occurs. In
addition,Declarant may terminate the Class II membership upon written notice to
the Association.
c. Meetings of Members. The By-Laws of the Association shall provide for an
annual meeting of the Voting Members,and may make provisions for regular and
special meetings of the Voting Members other than the annual meeting. Unless
otherwise stated in the By-Laws or Declaration,a quorum for the transaction of
business at any meeting of the Voting Members shall exist if fifty-one(51%)
percent of the Voting Members are present at any meeting. So long as a quorum
is present at the opening of the meeting,business may be transacted until
adjournment notwithstanding the withdrawal of enough Voting Members to leave
less than a quorum in attendance. Further,at any adjourned meeting at which a
quorum is present at the reconvening of such meeting,any business may be
transacted which might have been transacted at the original meeting and
notwithstanding the withdrawal of enough Voting Members to leave less than a
quorum.

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ACKNOWLEDGMENT •
State of Califom &L
County of La,' .� tti-vn r1'���
qI fi Fy:�
athraomixim
On !i L before me, i''''''} 6:
(ins- name end the officer)
personally appeared -f it tinitli h .(�C • ,
who proved to me an the basi of satisfactory svfdence to be the parson(s)whose name(s)ia/are
subscribed to the within in and acknowledged that he/she/they executed the same In
his/her/their authorized capacity(' d the ,' ,..I�nature(s)on the instrument the
person(s),or the entity upon b hh:H , ^ I acted,executed the instrument.
re��e
I certify under PENALTY OF �- RY u�i 4c.r- . C`of the State of California that the foregoing
paragraph is true and correct. 4,4
DNtOT$IIC K. 2031
INON
WITNESS my hand and official seal. �?r?. Cammisikq*20S65ii
•,;,,. Notary Public-Mauna
.l''M% Los Angeles County
PA/Comm FresAui10`20111
Signature PPgG4f
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• f +
Johnson, Kelly
From: Scott, Georgette
Sent: Tuesday, November 04, 2014 8:57 AM
To: Derek Jarrett; Doug Talbot; Sisca Bong
Cc: Johnson, Kelly; Mariana Orzech
Subject: RE: Cape Side Subdivision-NCDENR Stormwater Permit SW8 903803
Please send us the community restrictive documents also.
Thanks
Georgette
From: Derek Jarrett[mailto:[e-mail]]
Sent: Monday, November 03, 2014 4:58 PM
To: Doug Talbot; Sisca Bong
Cc: Johnson, Kelly; Scott, Georgette; Mariana Orzech
Subject: RE: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Sorry my mistake in reading that everyone. I thought you also needed copies of the community restrictive documents...
we will certainly get you originals of application forms.
Thanks
Derek
From: Doug Talbot [mailto:[e-mail]]
Sent: Monday, November 03, 2014 3:55 PM
To: Derek Jarrett; Sisca Bong
Cc: Johnson, Kelly; Georgette Scott; Mariana Orzech
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Derek,
DENR will need original dot's signed and notarized.
Doug
Douglass S. Talbot
Land Development Specialists, Inc.
Post Office Box 4937
Pinehurst, NC 28374
910-639-3218
From: Derek Jarrett<[e-mail]>
Date: Monday, November 3, 2014 at 5:41 PM
To: Doug Talbot<[e-mail]>,Sisca Bong<SiscaPdraoacusa.com>
Cc: "Johnson, (telly"[e-mail]>,Georgette Scott<[e-mail]>, Mariana Orzech
<[e-mail]>
Subject: RE: Cape Side Subdivision- NCDENR Stormwater Permit SW8 903803
Good Afternoon All. I will get the letter drafted up and will run copies of the documents and mail them to Kelly.
1

Thank you!
Derek
From: Doug Talbot [mailto:dougtalbot(alanddevelopmentspecialists.com]
Sent: Monday, November 03, 2014 1:02 PM
To: Sisca Bong
Cc: Johnson, Kelly; Georgette Scott; Derek Jarrett
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Sisca,
Please have Derek write the letter requested by Georgette in the email below and send original
documents to:
Kelly Johnson
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Sincerely,
Doug
Douglass S. Talbot
Land Development Specialists, Inc.
Post Office Box 4937
Pinehurst, NC 28374
910-639-3218
From: Georgette Scott<georgette.scottpncdenr.gov>
Date: Monday, November 3,2014 at 2:41 PM
To: Doug Talbot<[e-mail]>
Cc:Sisca Bong<Sisca@'drapacusa.com>, "Johnson, Kelly" <[e-mail]>
Subject: RE:Cape Side Subdivision -NCDENR Stormwater Permit SW8 903803
Doug, i7 65 9465 T a D Rat I-mws 4Y1 tS GK
This looks correct and what we need. I believe this is the first time that this permit has been transferred,
therefore you do not need to send a check for$40.00. First time is free.
Don't forget to Send all these documents (with original signature)with a letter to me or Kelly that states that the
project site went through foreclosure so you are requesting the permit be transferred to the HOA. The HOA
will then_make sure that the stormwater system is maintained as required by the permit and the 0 &M
agreements.
That should take care of everything. Thank you
Georgette
2

From: Doug Talbot jmailto:dougtalbot©landdevelopmentspecialists.com]
Sent: Monday, November 03, 2014 10:50 AM
To: Scott, Georgette
Cc: Sisca Bong
Subject: FW: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Georgette,
Attached is the transfer application and copy of deed for your review. If you confirm that we have
filled out correctly we will submit original copies along with $40.00 filing fee to you and Kelly.
Sincerely,
Doug
Douglass S. Talbot
Land Development Specialists, Inc.
Post Office Box 4937
Pinehurst, NC 28374
910-639-3218
From:Sisca Bong<[e-mail]>
Date: Monday, November 3, 2014 at 12:23 PM
To: Doug Talbot<[e-mail]>
Subject: Re: Cape Side Subdivision- NCDENR Stormwater Permit SW8 903803
3

Scott, Georgette
From: Scott, Georgette
Sent: . Wednesday, October 22, 2014 3:18 PM
To: 'Doug Talbot'
Cc: Johnson, Kelly
Subject: RE: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Attachments: SSW-NAME-OWNER-CHANGE-20120924-DWQ-SPU[1].pdf; BMPMan-OMA-
GrassSwale-20080206-DWQ-SPU.doc; BMPMan-OMA-Bioretention-20080206-DWQ-
SPU.doc
As we discussed on the phone today I am forwarding to you the following documents:
1. Two Signature Transfer document. In the current permittee section just write"foreclosure" (Section I &
IV). Then Fill in the new/proposed permittee information with signatures (SECTIONS II &V).
2. The 0 &M Agreement for Swales (new permittee needs to sign)
3. The 0 &M Agreement for Bioretention cell. (new permittee needs to sign)
Send all these original signature documents to me or Kelly with a copy of the deed for 4ny common
areas. Make sure any easements for swales etc allow the new HOA access and use.
Send all these documents with a letter to me or Kelly that states that the project site went through
foreclosure so you are requesting the permit be transferred to the HOA. The HOA will then make sure
that the stormwater system is maintained as required by the permit and the 0&M agreements. We do
not need a copy of any inspections with this application since we already have them on file.
Georgette
i

Johnson, Kelly
From: Scott, Georgette
Sent: Friday, October 17, 2014 1:27 PM
To: Doug Talbot; Johnson, Kelly
Cc: Sisca Bong; Derek Jarrett;Tyson Reilly;Alex Hay
Subject: RE: Cape Side Subdivision-NCDENR Stormwater Permit SW8 903803
Doug,
In her recent letter she was referring to previous discussions you all had and maybe that is the confusion.
Basically Paragraph 2 (a) and(b)i and 2(a)iii is what she is requesting, which is maintenance and pictures of the
Bioretention cell/swales and the 0 &M agreement for the swale.
The 2(b)ii paragraph is just background info from previous discussions.
Does that help?
Georgette
From: Doug Talbot [mailto:[e-mail]]
Sent: Friday, October 17, 2014 1:09 PM
To: Scott, Georgette; Johnson, Kelly
Cc: Sisca Bong; Derek Jarrett; Tyson Reilly; Alex Hay
Subject: FW: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Georgette Scott
Wilmington Regional Office Stormwater Supervisor,
After receipt of the attached letter from Kelly Johnson I respectfully request a meeting with you to
help me understand what Kelly is requesting and why. The request for the PE Certification is not
clear and I am not sure it is required. I will be happy to meet at your convenience.
Thank you for your consideration in this matter,
Sincerely,
Douglass S. Talbot
Land Development Specialists, Inc.
Post Office Box 4937
Pinehurst, NC 28374
910-639-3218
From: "Johnson, Kelly"<[e-mail]>
Date:Wednesday, October 1, 2014 at 3:38 PM
To: Doug Talbot<[e-mail]>
Subject: RE:Cape Side Subdivision- NCDENR Stormwater Permit SW8 903803
Mr.Talbot,
Please see attached.
1

Thanks,
KJ
From: Doug Talbot [mailto:[e-mail]]
Sent: Tuesday, September 16, 2014 3:31 PM
To: Johnson, Kelly
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Thank you.
Doug
Land Development Specialists, Inc.
P. O. Box 4937
Pinehurst,NC 28374
910-639-3218
Sent from my iPhone
On Sep 16,2014, at 2:35 PM, "Johnson, Kelly" <[e-mail]>wrote:
See you then.
KJ
From: Doug Talbot [mailto:dougtalbcManddevelcpmcn ;eciolis s.com]
Sent: Tuesday, September 16, 2014 2:01 PM
To: Johnson, Kelly
Cc: Derek Jarrett; Sisca Bong; Tyson Reilly; Alex Hay
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Kelly,
Thank you for the response and I could meet with you on Wednesday the 24th around 9:oo am?
Sincerely,
Douglass S.Talbot
Land Development Specialists,Inc.
Post Office Box 4937
Pinehurst,NC 28374
9io-639-3238
From: "Johnson, Kelly"<[e-mail]>
Date:Tuesday,September 16,2014 at 1:44 PM
To: Doug Talbot<[e-mail]>
Cc: Derek Jarrett<[e-mail]>,Sisca Bong<[e-mail]>,Tyson
Reilly<[e-mail]>,Alex Hay<[e-mail]>
Subject: RE: Cape Side Subdivision- NCDENR Stormwater Permit SW8 903803
Mr.Talbott,
The following times are available for file review. Please let me know when you would like to come.
9/17,Wed: 12-4
2

9/18,Thurs: 8-4
9/22-24, Mon-Wed: 8-4
Thanks,
KJ
From: Doug Talbot [mailto:[e-mail]]
Sent: Tuesday, September 16, 2014 12:03 PM
To: Johnson, Kelly
Cc: Derek Jarrett; Sisca Bong; Tyson Reilly; Alex Hay
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Kelly,
I writing to request a file review with you regarding Cape Side and the existing stormwater permit. I represent
Drapac who owns the majority of remaining undeveloped lots and only wish to assist Derek and the Home
Owner's Association. We are in the process of transferring the ownership of lot 22 over to the HOA which is
required to complete the permit transfer. As you know the property was foreclosed by the bank and the
remaining lots were sold to Drapac. The permit is in the name of the original developer who I assume will not
be responsible for any future work required by NCDENR to facilitate the permit transfer.
In 2013,we requested an inspection from NCDENR and received a copy of an inspection report from David Cox
stating the permit was in compliance and simply needed to be transferred to HOA. Derek who represents the
HOA is attempting to move forward with the transfer. Since the developer is no longer available to comply with
the permit requirements we suggest you consider this is a hardship case and eliminate the request for the
updated PE Certification.
If the property owners continue to request additional piping that requires alteration to the drainage system the
HOA will need to hire an engineer and verify that all requests are allowable and permitted according to
NCDENR
Let me know when you are available to schedule a time for a file review and thank you for your consideration in
this matter.
Sincerely,
Douglass S.Talbot
Land Development Specialists,Inc.
Post Office Box 4937
Pinehurst,NC 28374
910-639-3218
From:"Johnson, Kelly" <[e-mail]>
Date:Wednesday,August 27, 2014 at 3:22 PM
To: Doug Talbot<dougtalbotPlanddevelopmentspecialists.com>
Subject: RE: Cape Side Subdivision-Stormwater Permit
Mr.Talbot,
The letter is attached. If you have further questions, please let me know.
Kelly
From: Doug Talbot [mailto:dougtalbotOlanddevelopmentspecialists.com]
Sent: Wednesday, August 27, 2014 3:20 PM
To: Johnson, Kelly
Subject: Cape Side Subdivision - Stormwater Permit
3

Kelly,
Thanks for your assistance in the transfer of the existing stormwater permit from Whitney Blair to the HOA.
Based on our discussion I think we meet all the criteria to transfer the permit with exception to the drainage
certification issue. Please forward the letter you mentioned on our call so I can review and respond.
Sincerely,
Douglass S.Talbot
Land Development Specialists,Inc.
Post Office Box 4937
Pinehurst,NC 28374
910-639-3218
4

Arai
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
October 1,2014
Mr. Derek Jarrett,HOA Management Company Representative
Premier Management Company
PO Box 12051
Wilmington, NC 28405
Mr.Jeffrey L. Sanderson, President
Whitney Blair, Inc.
PO Box 6748
Shallotte, NC 28470
Subject: Additional Guidance on the July 14,2014 Letter
Cape Side Subdivision
Permit No.SW8 930803
Brunswick County
Dear Mr. Gentlemen:
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(DEMLR) received and accepted a
State Stormwater Permit Transfer Request Form for the subject project in Brunswick County on June 5,2014. DEMLR
inspected the project on July 7,2014 to determine the status of compliance with the State Stormwater Management Permit
which was most recently issued on June 22,2007. I mailed an inspection report on July 14,2014. After discussion with
severai parties invoived, i met with nnr.Doug Talbot,a representative of the entity that bought the remaining iots
from the bank, Drapac,on September 24,2014 to discuss a path forward. In particular,there was confusion about
the requests regarding swale drainage in the July 14,2014 letter. Clarification is provided in the bolded sections
below. The following information is needed to continue the permit transfer review to transfer the permit to the HOA:
1. Please deed Lot 22 to the HOA and submit a copy of the deed.
2. Please bring the project into compliance:
a. Bioretention O&M: The bioretention cell needs to be maintained per the enclosed Operation and
Maintenance agreement. Please submit pictures of the maintained bioretention cell with your resubmittal.
b. Low Density O&M:
i. October 1,2014 Additional Guidance,Swales: I understand from discussions with Mr.Talbot that
the homes in question had,in fact, been built prior to the 2011 PE Certification. Property records
showing the deeded dates reflect the fact that constructed homes were on the market for quite some
time. Since the subdivision's configuration has not substantially changed since the 2011 PE
Certification,an updated PE Certification is not needed. However,all components of the permitted
stormwater system must be maintained to function per Section 11(13)of the permit,and it appears
that some of the swales have silted in. In order to transfer the permit,please either submit pictures
of the maintained swales or a schedule of when the maintenance will be completed.
ii. July 14,2014 Letter,Swales: It appears that some swales may not drain per the permitted plan.
The PE Certification was completed in 2011, but houses have been built since that time which may
have changed the drainage patterns which were certified in 2011.
1. Example, Lot 43: Lot 43 was deeded in 2010,which was prior to the 2011 PE Certification.
!t appears that this lot does not drain water from adjacent/uphill Lot 44,which was deeded
in 2012(after the PE Certification). i have cc'd your engineer, Phil Tripp. If his PE
Certification needs to be updated please complete any necessary field work and then
submit the updated certification. There may be other lots in a similar situation.
Division of Energy,Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405•[phone]/Fax:[phone]

SVV8 9JU8u3
October 1, 2014
2. Some Lots are Not Yet Built and Swales Are Not In Place(Example, Lot 39): This lot is
downhill of Lots 43 and 44. Water has to flow through the swale in Lot 39 to exit the
subdivision. This swale is either missing or has silted-in since the,PE Certification such
that it needs to be maintained. There may be other lots in a similar situation or lots where
swales have been piped.
3. Submittal: Please submit pictures of the maintained swales and/or an updated PE
Certification as applicable with your resubmittal.
iii. O&M Agreement: The Low Density(Swale)O&M is missing from the file. Please submit the"Swale
System Maintenance Requirements"form signed by Derek Jarrett which was enclosed in the July
14,2014 letter.
3. Transfer Form: There are two transfer forms available on our website, http://portal.ncdenr.orglweb/lr/state-
stormwater-forms_docs. One form is for HOA subdivisions, and requires only the current/outgoing permittee, and not
the proposedfincoming permittee to sign the form. The other form is for other permit transfers. The HOA form has
been submitted for this project, however that form is for situations where the site is in compliance which is not the case
here. Please submit the enclosed transfer form titled,"State Stormwater Permit Name/Ownership Change Form".
This form should be signed by both the current/outgoing permittee and the proposed/incoming permittee.
a. Current/Outgoing Pemiittee: The current permit is issued to Whitney Blair, Inc. Jeff Sanderson is listed as
the President per the NC Secretary of State's records,and so this section of the form should be signed by
Mr. Sanderson. Please submit an original, notarized signature rather than a copy.
b. Proposed/Incoming Permittee: The proposed permittee is Cape Side Property Owners Association. Please
submit the following in order for Derek Jarrett of Premier Management Company to sign for the HOA:
i. Election Minutes: Please submit the latest election minutes showing the officers of the HOA.
ii. Signature Authority Letter: Please submit a letter signed by either the President or the Vice
President of the HOA delegating authority to Derek Jarrett to sign on their behalf.
iii. Original Signatures: Please submit an original, notarized signature rather than a copy.
Please inform this Office in writing before November 3,2014,of the specific actions that will be undertaken and the time
frame that will be required to correct the deficiencies. Failure to provide the requested information,or to respond to this
letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to$25,000 per day.
If a written plan of action is not submitted to this office by August 11, 2014 then DEMLR staff will re-inspect the site and
issue a Notice of Violation if the listed deficiencies have not been addressed.
If you have any questions, please contact me at the Wilmington Regional Office,telephone number(910)-796-7331 or via
email at [e-mail].
Sincere
• i
KeJohnso
", iviro er :I Engineer
"p1PGDS\kpj: G:1WQ1Shared\Stormwater\Permits&Projects119931930803 LD\2014 10 CEI_deficient 930803
cc: Randy Walters, Town of Sunset Beach Inspections,700 Sunset Blvd N, Sunset Beach, NC 28468
Doug Talbot, Representative of Drapac
Land Development Specialists, Inc., PO Box 4937, Pinehurst, NC 28374
Georgette Scott,Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2 of 2

Johnson, Kelly
From: Johnson, Kelly
Sent: Thursday, September 25, 2014 10:45 AM
To: Scott, Georgette
Subject: RE: SW8 930803, Capeside Subdivision
OK thanks. I will get with them next week.
KJ
From: Scott, Georgette o. 4n
Sent: Thursday, September 25, 2014 10:21 AM . RCS (,� _el �� h u�`
To: Johnson, Kelly V ‘� rr 0, ti
Subject: RE: SW8 930803, Capeside Subdivision V $t ( CA ' 03
There is nothing in the rules that says we can't transfer to a HOA that is run by a developer.As long as the developer
owns property in the development the HOA does not have to be resident run. HOWEVER, if they want the HOA to take
the permit the HOA does have to own the common areas. In the case of LD we would just have to make sure that the
"system" is in recorded easements.
Because this is a foreclosure we do not follow the 50%etc requirement. THAT is only a requirement in the Session Law
for when a permittee wants to transfer a permit that is under the planned community act AND the HOA does not sign.
(We also check for this in the two signature because it makes sense and was our policy).
In foreclosure scenarios we usually ask the new owner to use the two signature form and ask them to let us know the
permittee is under foreclosure. We inspect. If we find problems than we let the HOA know what they are and tell them
we will work with them to get them fixed. This procedure goes along with the Session Law that says that a new property
owner or HOA can request the permit if the permittee is gone.
However it looks like the original permittee used the one signature form to request the transfer. Sounds like he was
trying to do the correct thing. But it looks like 50%is owned by residents so it is not a problem that he used this form for
the planned community act.
The only thing you need to make sure of for foreclosure and this transfer is this....
1. This is a High Density project. Does the HOA own the common areas? IF the new owner wants the permit in the
HOA's name,we need to have a deed showing it has been given to the HOA. If the new property owner wants
to keep hold of the common areas then he can have his company on the permit OR he can have his company
AND the HOA on the permit. When he transfers the common areas to the HOA we can then take his name off of
the permit.
Finally, if the swale is built correctly and is property vegetated and clean as per the permit it is not out of compliance
because it won't drain (this happens all the time around here because of the flat terrain). In this case I would just note it
and say they need to determine if there are any solutions to help it drain. If they have come up with something(see
David's July 8th 2013 email to Ralph Eckley)then they can present a drawing or details to us if they have run it through
the new permittee first.
As far as the pictures that supposedly were sent to me. David worked with Phil to get everything out there in
compliance. Hence the PE cert in 2011. If the swales now have sediment it is probably because the current permittee
was under foreclosure. So I don't think we need another PE Cert.All we need is to have pictures OR the new owner can
give us a schedule of when he can get them fixed. If you have the schedule then you can transfer because it is a
1

foreclosure. Send them a 0&M and ask for the new permittee's signature on the 0&M. Make sure we have a copy in
the file&G Drive.And make sure they keep a copy.
Georgette
From: Johnson, Kelly
Sent: Wednesday; September 24, 2014 11:01 AM
To: Scott, Georgette
Subject: SW8 930803, Capeside Subdivision
Georgette,
We have talked about this one a little bit, but there are some new things. Capeside Subdivision (SW8 930803)
foreclosed in 2013. It is a low density subdivision, but it has a bioretention cell for a POHD.
Here are my two questions:
1. Can we transfer the permit to an HOA if the HOA is run by the developer rather than residents?
2. If we cannot transfer the permit to the HOA who gets the permit if it is a foreclosure? (Who is the"successor-
owner" per SL2013-121?)
Details:
1. 2/2010: NOV for failure to certify.
2. 2/2011: Inspected,asked for certification and for bioretention cell maintenance.
3. 7/2011: PE Cert(Phil Tripp)
4. ''Early 2013: Foreclosure
5. 6/2013: Drapac,the company that bought from the bank, asked David to inspect it prior to purchase for due
`iiisa,,,,c. David called it compliant.
6. 6/2014: I received a transfer to transfer it from the foreclosed permittee to the HOA. Three criteria:
a. 50%sold to families: 50%of the lots are sold to families. But,the HOA is not resident-run. There is a
resident representative on the board, but it is run by Drapac. From previous discussions on other
permits I think that the HOA has to be a viable, resident-run entity to get the permit.
i. Can we transfer the permit to an HOA if the HOA is run by the developer rather than residents?
ii. If we cannot transfer the permit to the HOA who gets the permit?
1. As of July Drapac owned 26 of the 78 lots and they owned the common area.
2. The law says that at"successor owner"can get the permit. It doesn't define who that
is. I met with Doug Talbot of Drapec today. Drapac says they"just own lots"and aren't
responsible.
b. Common Area owned by HOA: Drapac owns the bioretention cell lot, but is willing to give it to the HOA.
So,this criterion can be met.
c. Compliant: When I was out there a resident came up to me(this is the guy who said he had emailed you
videos a few years ago that you couldn't find). He said that a roadside swale that is on our plan doesn't
go downhill and backs up onto his property. I pulled the property records and found that the home with
the swale impeding flow wasn't sold until 2012 so I thought that it was built after the 2011 certification.
I asked them to get with the engineer and update the PE cert if things had changed since he certified it.
I asked them to:
i. Submit either the updated PE cert or pictures of the maintained swales (with silted-in areas
fixed). (There are actually two potentially silted in lots.)
ii. Submit an updated LD O&M because it is missing from the file
iii. I will tell them: Whoever ends up being the permittee has to maintain the swales. We don't
have a signed O&M. But,all permits require maintenance.
Thanks,.
KJ
2

K.eL� j o'l v .sovi,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington,NC 28405-3845
Office: 910.796.7331
Fax: [phone]
3

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, September 16, 2014 1:45 PM
To: 'Doug Talbot'
Cc: Derek Jarrett; Sisca Bong; Tyson Reilly; Alex Hay
Subject: RE: Cape Side Subdivision-NCDENR Stormwater Permit SW8 903803
Mr.Talbott,
The following times are available for file review. Please let me know when you would like to come.
9/17,Wed: 12-4
9/18,Thurs: 8-4
9/22-24, Mon-Wed: 8-4
Thanks,
KJ
From: Doug Talbot Finailto:[e-mail]]
Sent: Tuesday, September 16, 2014 12:03 PM
To: Johnson, Kelly
Cc: Derek Jarrett; Sisca Bong; Tyson Reilly; Alex Hay
Subject: Re: Cape Side Subdivision - NCDENR Stormwater Permit SW8 903803
Kelly,
I writing to request a file review with you regarding Cape Side and the existing stormwater permit. I represent Drapac who owns
the majority of remaining undeveloped lots and only wish to assist Derek and the Home Owner's Association. We are in the
process of transferring the ownership of lot 22 over to the HOA which is required to complete the permit transfer. As you know
the property was foreclosed by the bank and the remaining lots were sold to Drapac. The permit is in the name of the original
developer who I assume will not be responsible for any future work required by NCDENR to facilitate the permit transfer.
In 2013,we requested an inspection from NCDENR and received a copy of an inspection report from David Cox stating the
permit was in compliance and simply needed to be transferred to HOA. Derek who represents the HOA is attempting to move
forward with the transfer. Since the developer is no longer available to comply with the permit requirements we suggest you
consider this is a hardship case and eliminate the request for the updated PE Certification.
If the property owners continue to request additional piping that requires alteration to the drainage system the HOA will need to
hire an engineer and verify that all requests are allowable and permitted according to NCDENR.
Let me know when you are available to schedule a time for a file review and thank you for your consideration in this matter.
Sincerely,
Douglass S.Talbot
Land Development Specialists,Inc.
Post Office Box 4937
Pinehurst,NC 28374
910-639-3218
From: "Johnson, Kelly"<[e-mail]>
Date:Wednesday,August 27, 2014 at 3:22 PM
To: Doug Talbot<[e-mail]>
Subject: RE:Cape Side Subdivision-Stormwater Permit
1

Mr.Talbot,
The letter is attached. If you have further questions, please let me know.
Kelly
From: Doug Talbot [mailto:douatalbotalanddevelopmentsoecialists.com]
Sent: Wednesday,August 27, 2014 3:20 PM
To: Johnson, Kelly
Subject: Cape Side Subdivision - Stormwater Permit
Kelly,
Thanks for your assistance in the transfer of the existing stormwater permit from Whitney Blair to the HOA. Based on our
discussion I think we meet all the criteria to transfer the permit with exception to the drainage certification issue. Please forward
the letter you mentioned on our call so I can review and respond.
Sincerely,
Douglass S.Talbot
Land Development Specialists,Inc.
Post Office Box 4937
Pinehurst,NC 28374
9io-639-3218
2

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 2:00 PM
To: Johnson, Kelly
Subject: FW: Capeside Storm water permit#SW8 930803
This is the last email I have.
G
From: Cox, David
Sent: Tuesday, July 09, 2013 9:50 AM
To: Ralph Eckley
Cc: Randy Walters; Scott, Georgette
Subject: RE: Capeside Storm water permit # SW8 930803
Ralph,
In addition, can you provide the up to date POA president and POA address? I will need to transfer this permit to the
HOA.This project is over 50%built out and if the permittee is ready to transfer the permit then I have to accommodate
that.
Thank you,
David Cox
From: Ralph Eckley [mailto:hokie rec hotmail.com]
Sent: Tuesday, July 09, 2013 9:07 AM
To: Cox, David
Cc: Randy Walters; Scott, Georgette
Subject: Re: Capeside Storm water permit # SW8 930803
Mr. Cox,
I submitted an ARC request to our POA for this project, to follow the design parameters you suggested to Mr.
Childress. This request was approved. I can provide a copy if needed.
Thanks for your help,
Ralph Eckley
Sent from my iPhone
On Jul 9, 2013, at 8:43 AM, "Cox, David" <[e-mail]>wrote:
Randy,
It is my understanding that the project was converted to high density because of the piping in the front
section.This was allowed for Mr.Childress. If Ralph is installing the French drain in the swale and then
installing a shallower swale on top then I think we get the same end result. However, if the swale is in
the right of way,that is between the town,the permittee and the HOA.
1

David Cox
From: Randy Walters [mailto:[e-mail]]
Sent: Monday, July 08, 2013 6:04 PM
To: 'Ralph Eckley'; Cox, David
Cc: Scott, Georgette; 'Kevin/Pat Glennon'
Subject: RE: Capeside Storm water permit# SW8 930803
Mr.Cox,
Per Permit No.SW8 930803 Mod. (attachment)for Cape Side Subdivision, in reference to piping and
filling in ditches or any drainage feature requires permission from DWQ and also a modification in the
permit which would be at the request of the permit holder. Refer to Page 2 of 8,#5 and#6. Page 3 of
8, # 1 and#4(f). Deed restriction requirements on Page 5 of 8#16 (e)and 16 (j). Page 6 of 8#2 and#
3.
How do I proceed with the request to pipe ditches and fill them in? Am I reading the permit
incorrectly? Please advise.
Thank you,
Randy Walters
Town of Sunset Beach
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Monday,July 08, 2013 2:00 PM
To: Cox, David
Cc: Scott, Georgette; Randy Walters; Kevin/Pat Glennon
Subject: RE: Capeside Storm water permit# SW8 930803
Mr. Cox,
Thank you very much for your quick response.The Town of Sunset Beach does own the right-of-
way and did own it when Mr. Childress contacted you. They told him and me previously that we
2

needed to run this by your agency for approval. While the Town owns the right-of-way,they
have told the property owners they are responsible for the ditches.
By copy of this e-mail to Mr. Walters, I am respectfully advising him of my intention to move
forward with this project following your guidelines.
Again thank you so much for your kind response in such a timely manner.
Best regards,
Ralph Eckley
From: [e-mail]
To: hokie [e-mail]
CC:[e-mail]; [e-mail]
Subject: RE: Capeside Storm water permit#SW8 930803
Date: Mon, 8 Jul 2013 16:54:36 +0000
Mr. Eckley,
Just make sure that the pipe is perforated and allows for infiltration, if the present permittee will allow
it. I don't have permission to allow someone to modify the system unless the permittee approves it.
When Mr. Childress requested this I think the permittee owned the roads. Now the roads are owned by
the Town of Sunset Beach check with Randy Walters because I believe the swale is in the right of way.
David Cox
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Monday, July 08, 2013 12:36 PM
To: Cox, David
Cc: Kevin/Pat Glennon
Subject: FW: Capeside Storm water permit# SW8 930803
Mr. Cox,
I live at 1131 Sea Bourne Drive in the Cape Side subdivision mentioned below in previous e-
mails between you and Barry Childress. My neighbor, Kevin Glennon, who owns the property
adjacent and upstream of my property (1127 Sea Bourne Way), and I would like to install pipe
in our ditch. Kevin would like to connect the outlet of his driveway culvert to my driveway
culvert; i would like to continue the piping from my culvert to the end of my property.
The ditch from his culvert through my property has become difficult to maintain and ponds
water as a result of silting from above, growth of weeds, and depth of the ditch. It is also
becoming the habitat for frogs and now appears as a destination for hungry water snakes.
We plan on using the same contractor who performed the work on Childress property and
3

following the guidelines you proposed below. There will be no hinderance to the overland flow
from the street as we will provide a swale over the piping to facilitate this drainage.
We would appreciate your approval of our project as we are ready to proceed.
Respectfully,
Ralph Eckley
910-579-1489 (H)
910-232-7970 (C)
From: [e-mail]
To: hokie [e-mail]
Subject: Fw: Capeside Storm water permit#SW8 930803
Date: Fri, 21 Jun 2013 08:19:44-0400
The following is some e-mail correspondence I had with David Cox from Storm Water Mgmt. in
Wilmington. I hope this helps.
Barry
Original Message
From: Cox. David
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Tuesday, May 17, 2011 9:06 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants.
That is not considered a violation of the permit as long as it allows the water from uphill to flow without
impeding it. After looking at your swale, if the installation is visible then it would be a good indicator
that you may be impeding the flow to the downhill treatment system. Just make sure that the French
Drain is below the approved grade of the approved swale and there shouldn't be any problems. David
From: Barry L. Childress [mailto:k9maggie0atmc.net]
Sent: Monday, May 16, 2011 9:11 PM
4

To: Cox, David
Subject: Fw: Capeside Storm water permit # SW8 930803
Original Message
From: Barry , Childress
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in
February. We discussed the permit for our neighborhood and possible solutions to the problem
I have with erosion. The original swales have become ditches. You determined we couldn't put
solid piping in like the rest of the neighborhood. I contacted several contractors who suggested
a French drain and resodding the area. When ! called you back, you said that would be okay if
you didn't "see" any violations. Could you put that in writing for me and my neighbors. I have
talked to Randy Walters at the Town of Sunset Beach today who said if you approved then it
would be okay with him if an inspection was requested by someone? He also said that it looked
to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. I just want to have my yard put in
it's original condition, without eroding ditches. The contractor's I contacted said the French
drain would slow storm water more than the ditches are now and would also return the swale
without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that
will not be in compliance with everyone concerned. The town says it's up to you and the
neighborhood association has approved providing you approve. I have contractors waiting to go
ahead with the French drain idea and resodding over it. If you have other ideas for my problem,
please let me know. Please respond as soon as possible. My phone# is [phone] at home
and cell is [phone].
Thanks,
Barry L. Childress
5

Original Message---
From:By L. Chess
To: Cox, David
Sent: Wednesday, February 02, 2011 1:05 PM
Subject: Re: Capeside Storm water permit#SW8 930803
Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
Original Message
From: Cox. David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress [mailto:k9maggie(aatmc.net]
Sent: Saturday,January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
David,
Why don't you set the time. I may be busy on Tuesday but that's it
for this coming week.Just let me know.
Barry
!� ----Original Message
From: CQ ,David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
6

Subject: FW: Capeside Storm water permit#SW8
930803
Barry did we ever confirm a meeting time? Got a new
computer so not sure if we ever confirmed.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit# SW8
930803
No problem David. Hope you feel better
soon. Merry Christmas and call me after the
holidays.
Barry
Original Message---
From: Cox. DavtO
To: Barry L. Childress
Cc: Scott, Georoette
Sent: Friday, December 17, 2010 10:14
AM
Subject: RE: Capeside Storm water
permit#SW8 930803
Barry,
I have been out of the office all week
due a respiratory infection. I have
pulled the file and intend on
investigating this situation. Please
allow me time to get caught up and we
can schedule an appointment after the
new year.
7

David
From: Barry L. Childress
[mai lto:k9maag [e-mail]]
Sent: Tuesday, December 14, 2010
4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit
# SW8 930803
Mr. Cox
I am writing to request
information about the above
permit for our subdivision. The
problem we are having is
primarily contained to one side
of our street and it is the
concern of 6-8 homeowners.
The situation is that our swales
for drainage have now become
ditches. This has become a
problem and we do not know
how to proceed. If the permit
has been amended previously,
can it be amended again to
allow piping for the remaining
6-8 homeowners?If not, what
can we do to prevent the
buildup of silt that keeps the
storm water from flowing?
Digging the ditches out seems
temporary, at best and just
makes the ditches that much
deeper.
As Der my previous phone call, I
would appreciate any help in
this matter that you can provide.
Thank you for your assistance.
r I
Barry L. Childress
1111 Sea Bourne Way
8

Sunset Beach, N.C. 28468
[phone]
9

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 1:59 PM
To: Johnson, Kelly
Subject: FW: Capeside Storm water permit#SW8 930803
FYI
From: Cox, David
Sent: Tuesday, July 09, 2013 8:43 AM
To: Randy Walters
Cc: Scott, Georgette; Ralph Eckley
Subject: RE: Capeside Storm water permit # SW8 930803
Randy,
It is my understanding that the project was converted to high density because of the piping in the front section.This was
allowed for Mr.Childress. If Ralph is installing the French drain in the swale and then installing a shallower swale on top
then I think we get the same end result. However, if the swale is in the right of way, that is between the town,the
permittee and the HOA.
David Cox
r
From: Randy Walters [mailto:[e-mail]]
Sent: Monday, July 08, 2013 6:04 PM
To: 'Ralph Eckley'; Cox, David
Cc: Scott, Georgette; 'Kevin/Pat Glennon'
Subject: RE: Capeside Storm water permit # SW8 930803
Mr. Cox,
Per Permit No.SW8 930803 Mod. (attachment) for Cape Side Subdivision, in reference to piping and filling in ditches or
any drainage feature requires permission from DWQ and also a modification in the permit which would be at the
request of the permit holder. Refer to Page 2 of 8,#5 and#6. Page 3 of 8,#1 and#4(f). Deed restriction
requirements on Page 5 of 8#16(e) and 16 (j). Page 6 of 8#2 and#3.
How do I proceed with the request to pipe ditches and fill them in? Am I reading the permit incorrectly? Please advise.
Thank you,
Randy Walters
Town of Sunset Beach
From: Ralph Eckley [mailto:hokie reOhotmail.com]
Sent: Monday, July 08, 2013 2:00 PM
To: Cox, David
Cc: Scott, Georgette; Randy Walters; Kevin/Pat Glennon
Subject: RE: Capeside Storm water permit # SW8 930803
Mr. Cox,
Thank you very much for your quick response. The Town of Sunset Beach does own the right-of-way and did
1

own it when Mr. Childress contacted you. They told him and me previously that we needed to run this by your
agency for approval. While the Town owns the right-of-way,they have told the property owners they are
responsible for the ditches.
By copy of this e-mail to Mr. Walters, I am respectfully advising him of my intention to move forward with this
project following your guidelines.
Again thank you so much for your kind response in such a timely manner.
Best regards,
Ralph Eckley
From: [e-mail]
To: hokie [e-mail]
CC:[e-mail]; [e-mail]
Subject: RE: Capeside Storm water permit#SW8 930803
Date: Mon, 8 Jul 2013 16:54:36+0000
Mr. Eckley,
Just make sure that the pipe is perforated and allows for infiltration, if the present permittee will allow it. I don't have
permission to allow someone to modify the system unless the permittee approves it.When Mr. Childress requested this
I think the permittee owned the roads. Now the roads are owned by the Town of Sunset Beach check with Randy
Walters because I believe the swale is in the right of way.
David Cox
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Monday,July 08, 2013 12:36 PM
To: Cox, David
Cc: Kevin/Pat Glennon
Subject: FW: Capeside Storm water permit # SW8 930803
Mr. Cox,
I live at 1131 Sea Bourne Drive in the Cape Side subdivision mentioned below in previous e-mails between you
and Barry Childress. My neighbor, Kevin Glennon, who owns the property adjacent and upstream of my
property (1127 Sea Bourne Way), and I would like to install pipe in our ditch. Kevin would like to connect the
outlet of his driveway culvert to my driveway culvert; I would like to continue the piping from my culvert to
the end of my property.
The ditch from his culvert through my property has become difficult to maintain and ponds water as a result of
silting from above, growth of weeds, and depth of the ditch. It is also becoming the habitat for frogs and now
appears as a destination for hungry water snakes.
We plan on using the same contractor who performed the work on Childress property and following the
guidelines you proposed below. There will be no hinderance to the overland flow from the street as we will
provide a swale over the piping to facilitate this drainage.
We would appreciate your approval of our project as we are ready to proceed.
Respectfully,
Ralph Eckley
910-579-1489 (H)
910-232-7970 (C)
2

From: [e-mail]
To: hokie [e-mail]
Subject: Fw: Capeside Storm water permit#SW8 930803
Date: Fri, 21 Jun 2013 08:19:44-0400
The following is some e-mail correspondence I had with David Cox from Storm Water Mgmt. in Wilmington. I
hope this helps.
Barry
Original Message
From:Cox David
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Tuesday, May 17, 2011 9:06 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants. That is not
considered a violation of the permit as long as it allows the water from uphill to flow without impeding it. After looking
at your swale, if the installation is visible then it would be a good indicator that you may be impeding the flow to the
downhill treatment system. Just make sure that the French Drain is below the approved grade of the approved swale
and there shouldn't be any problems. David
From: Barry L. Childress [mailto:[e-mail]]
Sent: Monday, May 16, 2011 9:11 PM
To: Cox, David
Subject: Fw: Capeside Storm water permit # SW8 930803
----Original Message From: Barry L. Childress
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in February. We
discussed the permit for our neighborhood and possible solutions to the problem I have with erosion. The
original swales have become ditches. You determined we couldn't put solid piping in like the rest of the
neighborhood. I contacted several contractors who suggested a French drain and resodding the area. When I
called you back, you said that would be okay if you didn't "see" any violations. Could you put that in writing for
me and my neighbors. I have talked to Randy Walters at the Town of Sunset Beach today who said if you
approved then it would be okay with him if an inspection was requested by someone? He also said that it
looked to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. !just want to have my yard put in it's original
condition, without eroding ditches. The contractor's I contacted said the French drain would slow storm water
more than the ditches are now and would also return the swale without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that will not be in
compliance with everyone concerned. The town says it's up to you and the neighborhood association has
3

approved providing you approve. I have contractors waiting to go ahead with the French drain idea and
resodding over it. If you have other ideas for my problem, please let me know. Please respond as soon as
possible. My phone#is [phone] at home and cell is [phone].
Thanks,
Barry L. Childress
Original Message
From:limy L Chttclress
To: Cox. David
Sent:Wednesday, February 02, 2011 1:05 PM
Subject: Re: Capeside Storm water permit#SW8 930803
Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
Original Message----
From: COX. David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Saturday, January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
David,
Why don't you set the time. I may be busy on Tuesday but that's it for this
coming week. Just let me know.
Barry
----Original Message----
From: Cox, David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
Subject: FW: Capeside Storm water permit#SW8 930803
Barry did we ever confirm a meeting time? Got a new computer so not
sure if we ever confirmed.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
No problem David. Hope you feel better soon. Merry
Christmas and call me after the holidays.
Barry
-----Original Message
Fran,: Cox. David
To: Barry L. Childress
4

Cc: Scott, Georgette
Sent: Friday, December 17, 2010 10:14 AM
Subject: RE: Capeside Storm water permit#SW8
930803
Barry,
I have been out of the office all week due a respiratory
infection. I have pulled the file and intend on
investigating this situation. Please allow me time to get
caught up and we can schedule an appointment after
the new year.
David
From: Barry L. Childress [mailto:[e-mail]]
Sent:Tuesday, December 14, 2010 4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit# SW8 930803
Mr. Cox
I am writing to request information about the
above permit for our subdivision. The
problem we are having is primarily
contained to one side of our street and it is
the concern of 6-8 homeowners. The situation
is that our swales for drainage have now
become ditches. This has become a problem
and we do not know how to proceed. If the
permit has been amended previously, can it
be amended again to allow piping for the
remaining 6-8 homeowners?If not, what can
we do to prevent the buildup of silt that
keeps the storm water from flowing?Digging
the ditches out seems temporary, at best and
just makes the ditches that much deeper.
As per my previous phone call, I would
appreciate any help in this matter that you
can provide.
Thank you for your assistance.
Barry L. Childress
1111 Sea Bourne Way
Sunset Beach, N.C. 28468
[phone]
5

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 1:58 PM
To: Johnson, Kelly
Subject: FW: Capeside Storm water permit#SW8 930803
Another complaint next to the other person. They all wanted to pipe the swales.
From: Cox, David
Sent: Monday, July 08, 2013 12:55 PM
To: Ralph Eckley
Cc: Scott, Georgette; Randy Walters
Subject: RE: Capeside Storm water permit# SW8 930803
Mr. Eckley,
Just make sure that the pipe is perforated and allows for infiltration, if the present permittee will allow it. I don't have
permission to allow someone to modify the system unless the permittee approves it.When Mr. Childress requested this
I think the permittee owned the roads. Now the roads are owned by the Town of Sunset Beach check with Randy
Walters because I believe the swale is in the right of way.
David Cox
From: Ralph Eckley [mailto:hokie reAhotmail.coml
Sent: Monday,July 08, 2013 12:36 PM
To: Cox, David
Cc: Kevin/Pat Glennon
Subject: FW: Capeside Storm water permit# SW8 930803
Mr. Cox,
I live at 1131 Sea Bourne Drive in the Cape Side subdivision mentioned below in previous e-mails between you
and Barry Childress. My neighbor, Kevin Glennon, who owns the property adjacent and upstream of my
property(1127 Sea Bourne Way), and I would like to install pipe in our ditch. Kevin would like to connect the
outlet of his driveway culvert to my driveway culvert; I would like to continue the piping from my culvert to
the end of my property.
The ditch from his culvert through my property has become difficult to maintain and ponds water as a result of
silting from above, growth of weeds, and depth of the ditch. It is also becoming the habitat for frogs and now
appears as a destination for hungry water snakes.
We plan on using the same contractor who performed the work on Childress property and following the
guidelines you proposed below.There will be no hinderance to the overland flow from the street as we will
provide a swale over the piping to facilitate this drainage.
We would appreciate your approval of our project as we are ready to proceed.
Respectfully,
Ralph Eckley
910-579-1489 (H)
910-232-7970 (C)
i

•
From: [e-mail]
To: hokie [e-mail]
Subject: Fw: Capeside Storm water permit#SW8 930803
Date: Fri, 21 Jun 2013 08:19:44-0400
The following is some e-mail correspondence I had with David Cox from Storm Water Mgmt. in Wilmington. I
hope this helps.
Barry
Original Message----
From:221s,Davel
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Tuesday, May 17, 2011 9:06 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants. That is not
considered a violation of the permit as long as it allows the water from uphill to flow without impeding it. After looking
at your swale, if the installation is visible then it would be a good indicator that you may be impeding the flow to the
downhill treatment system. Just make sure that the French Drain is below the approved grade of the approved swale
and there shouldn't be any problems. David
From: Barry L. Childress [mailto:k9maggieatmc.net]
Sent: Monday, May 16, 2011 9:11 PM
To: Cox, David
Subject Fw: Capeside Storm water pCiinit# SW8 930803
Original Message
From: Barry t,. Childress
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in February. We
discussed the permit for our neighborhood and possible solutions to the problem I have with erosion. The
original swales have become ditches. You determined we couldn't put solid piping in like the rest of the
neighborhood. I contacted several contractors who suggested a French drain and resodding the area. When I
called you back, you said that would be okay if you didn't "see" any violations. Could you put that in writing for
me and my neighbors. I have talked to Randy Walters at the Town of Sunset Beach today who said if you
approved then it would be okay with him if an inspection was requested by someone? He also said that it
looked to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. I just want to have my yard put in it's original
condition,without eroding ditches. The contractor's I contacted said the French drain would slow storm water
more than the ditches are now and would also return the swale without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that will not be in
compliance with everyone concerned.The town says it's up to you and the neighborhood association has
approved providing you approve. I have contractors waiting to go ahead with the French drain idea and
resodding over it. If you have other ideas for my problem, please let me know. Please respond as soon as
possible. My phone#is [phone] at home and cell is [phone].
2

Thanks,
Barry L. Childress
----Original Message
From: Barn/1,.. Children
To: Cox. David
Sent: Wednesday, February 02, 2011 1:05 PM
Subject: Re: Capeside Storm water permit#SW8 930803
Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
Original Message
From: Cox, David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Saturday, January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
David,
Why don't you set the time. I may be busy on Tuesday but that's it for this coming week. Just let me know.
Barry
Original Message
From:+fix, David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
Subject: FW: Capeside Storm water permit#SW8 930803
Barry did we ever confirm a meeting time? Got a new computer so not sure if we ever confirmed.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
No problem David. Hope you feel better soon. Merry Christmas and call me after the holidays.
Barry
Original Message
From: Cox. Davy:
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Friday, December 17, 2010 10:14 AM
I Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
3

I have been out of the office all week due a respiratory infection. I have pulled the file and intend on investigating
this situation. Please allow me time to get caught up and we can schedule an appointment after the new year.
David
From: Barry L. Childress [mailto:k9maggieCaatmc.net]
Sent: Tuesday, December 14, 2010 4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit # SW8 930803
Mr. Cox
I am writing to request information about the above permit for our subdivision. The problem
we are having is primarily contained to one side of our street and it is the concern of 6-8
homeowners. The situation is that our swales for drainage have now become ditches. This has
become a problem and we do not know how to proceed. If the permit has been amended
previously, can it be amended again to allow piping for the remaining 6-8 homeowners? If not,
what can we do to prevent the buildup of silt that keeps the storm water from flowing?Digging
the ditches out seems temporary, at best and just makes the ditches that much deeper.
As per my previous phone call, I would appreciate any help in this matter that you can provide.
Thank you for your assistance.
Barry L. Childress
1111 Sea Bourne Way
Sunset Beach, N.C. 28468
[phone]
4

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 1:57 PM
To: Johnson, Kelly
Subject: FW: Cape Side Subdivision SW8 930803 Mod.
FYI They supposedly fixed swales before certification.
G
From: Cox, David
Sent: Friday,July 15, 2011 11:13 AM
To: Phil Tripp
Cc: Scott, Georgette
Subject: RE: Cape Side Subdivision SW8 930803 Mod.
All good.
From: Phil Tripp [mailto:ptrippOec.rr.com]
Sent: Friday,July 15, 2011 11:05 AM
To: Scott, Georgette
Cc: Cox, David; Jeff0whitneyblair.com
Subject: Re: Cape Side Subdivision SW8 930803 Mod. •
Georgette,
We trust you have received our certification package. Please let us know if you need any additional
information.
Thank you,
Phil
On 7/13/2011 8:25 AM, Scott, Georgette wrote:
Thank you Phil for the update. We will be looking for the certification and pictures.
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington,NC 28405
Phone[phone]
Fax[phone]
. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Phil Tripp [mailto:[e-mail]]
Sent:Tuesday, July 12, 2011 1:52 PM
To: Scott, Georgette
Cc: Cox, David; JeffCa whitneyblair.com
Subject: Re: Cape Side Subdivision SW8 930803 Mod.
Georgette,
Good news, swale work is complete. We have seen digital pictures and will visit site one more time to confirm
and will forward engineer's certification this week.
Thank you,
i

Phil
On 4/7/2011 3:10 PM, Scott, Georgette wrote:
Your extension is granted. Please keep us informed of your progress.
Thank you
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington,NC 28405
Phone[phone]
Fax[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Phil Tripp [mailto:ptripp(aec.rr.com]
Sent: Thursday, April 07, 2011 11:42 AM
To: Cox, David
Cc: Scott, Georgette; Jeffwhitneyblair.com
Subject: Fwd: Fwd: Cape Side Subdivision SW8 930803 Mod.
Dear David,
We have reviewed the Cape Side Subdivision stormwater system to provide engineering certification. The
drainage for the low density development is provided with roadside swales.
The project is in compliance with one exception. The lot no. 37 homeowner(or previous owner)has placed a
bulkhead within the limits of an existing 3:1 drainage swale located between lot nos. 36 &37. The bulkhead is
placed approximately along the property line/swale centerline. While the drainage is functioning, the recorded
restrictive covenants prohibit the encroachment.
The developer, Jeff Sanderson with Coastal Developers LLC, is in the process of contacting the lot no. 37
homeowner to work on a solution for all involved.
We would respectfully request some time to meet with the homeowner, advise them of the situation, develop a
remedy and complete a restoration. We estimate a minimum of 90 days to complete.
Please contact us with questions, comments or if you need additional information.
Thank you,
Phil
Original Message
Subject:Re: Cape Side Subdivision SW8 930803 Mod.
Date:Thu, 10 Mar 2011 16:12:51 -0500
From:Phil Tripp <[e-mail]>
To:Scott, Georgette<georgette.scott@,ncdenr.gov>
CC:Jeff(ciwhitnevblair.com<Jeff(a,whitneyblair.com>, Cox, David<david.w.cox@,ncdenr.gov>
Georgette,
Thank you and will do.
Phil
On 3/10/2011 3:34 PM, Scott, Georgette wrote:
> You have 30 days from today. Please respond to David Cox.
> Thank you
2

> Georgette Scott
> Stormwater Program Supervisor
> State Stormwater Program
> NC Division of Water Quality
> 127 Cardinal Drive Ext.
> Wilmington, NC 28405
> Phone (910) 796-7335
> Fax (910) 350-2004
> E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
Original Message
> From: Phil Tripp [mailto:[e-mail]]
> Sent: Thursday, March 10, 2011 3:28 PM
> To: Scott, Georgette
> Cc: [e-mail]
> Subject: Cape Side Subdivision SW8 930803 Mod.
> Georgette,
> We are in receipt of your February 14, 2011 NOV-2010-PC-0109 for Cape
> Side Subdivision.
> We are planning a site visit tomorrow to verify compliance. Could you
> please give us a 30 day extension to allow sufficient time to respond?
> Please contact us with questions, comments or if you need additional
> information.
> Thank you,
> Phil
3

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 1:56 PM
To: Johnson, Kelly
Subject: FW: Capeside Storm water permit#SW8 930803
This was a complaint about flooding and what David told this person on how to fix.
From:Cox, David
Sent: Tuesday, May 17, 2011 9:06 AM
To: Barry L. Childress
Cc: Scott, Georgette
Subject: RE: Capeside Storm water permit# SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants. That is not
considered a violation of the permit as long as it allows the water from uphill to flow without impeding it. After looking
at your swale, if the installation is visible then it would be a good indicator that you may be impeding the flow to the
downhill treatment system. Just make sure that the French Drain is below the approved grade of the approved swale
and there shouldn't be any problems. David
From: Barry L. Childress [mailto:k9maggie©atmc.net]
Sent: Monday, May 16, 2011 9:11 PM
To: Cox, David
Subject: Fw: Capeside Storm water permit# SW8 930803
----Original Message
From: BEM L. Chil
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in February. We
discussed the permit for our neighborhood and possible solutions to the problem I have with erosion. The
original swales have become ditches. You determined we couldn't put solid piping in like the rest of the
neighborhood. I contacted several contractors who suggested a French drain and resodding the area. When I
called you back, you said that would be okay if you didn't "see" any violations. Could you put that in writing for
ire and my neighbors. I have talked to Randy Walters at the Town of Sunset Beach today who said if you
approved then it would be okay with him if an inspection was requested by someone? He also said that it looked
to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. I just want to have my yard put in it's original
condition, without eroding ditches. The contractor's I contacted said the French drain would slow storm water
more than the ditches are now and would also return the swale without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that will not be in
compliance with everyone concerned. The town says it's up to you and the neighborhood association has
approved providing you approve. I have contractors waiting to go ahead with the French drain idea and
resodding over it. If you have other ideas for my problem,please let me know. Please respond as soon as
possible. My phone#is [phone] at home and cell is [phone].
i

,
Thanks,
Barry L. Childress
1 Original Message
From: Barry L. Chiles
To: Cox, David
Sent: Wednesday, February 02, 2011 1:05 PM
Subject: Re: Capeside Storm water permit#SW8 930803
Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
Original Message
From: Cox,David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress [mailto:[e-mail]]
Sent: Saturday,January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit# SW8 930803
David,
Why don't you set the time. I may be busy on'Tuesday but that's it for this coming week. Just let me know.
Barry
----Original Message---
From: cot David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
Subject: FW: Capeside Storm water permit#SW8 930803
Barry did we ever confirm a meeting time?Got a new computer so not sure if we ever confirmed.
From: Barry L. Childress [mailto:k9maggie(aatmc.net]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
No problem David. Hope you feel better soon. Merry Christmas and call me after the holidays.
Barry
Original Message
From: Cox.Davin
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Friday. December 17, 2010 10:14 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
I have been out of the office all week due a respiratory infection. I have pulled the file and intend on investigating
this situation. Please allow me time to get caught up and we can schedule an appointment after the new year.
2

David
From: Barry L. Childress [mailto:[e-mail]
Sent: Tuesday, December 14, 2010 4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit# SW8 930803
Mr. Cox
I am writing to request information about the above permit for our subdivision. The problem
we are having is primarily contained to one side of our street and it is the concern of 6-8
homeowners. The situation is that our swales for drainage have now become ditches. This has
become a problem and we do not know how to proceed. If the permit has been amended
previously, can it be amended again to allow piping for the remaining 6-8 homeowners? If not,
what can we do to prevent the buildup of silt that keeps the storm water from flowing?Digging
the ditches out seems temporary, at best and just makes the ditches that much deeper.
As per my previous phone call, I would appreciate any help in this matter that you can provide.
Thank you for your assistance.
Barry L. Childress
1111 Sea Bourne Way
Sunset Beach, N.C. 28468
[phone]
3

Johnson, Kelly
From: Scott, Georgette
Sent: Monday, September 15, 2014 1:54 PM
To: Johnson, Kelly
Subject: FW: Fwd: Fwd: Cape Side Subdivision SW8 930803 Mod.
Kelly,
I am going to send you emails that David sent me concerning Cape Side so you are aware of all that went on.
G
From: Cox, David
Sent: Thursday, April 07, 2011 1:12 PM
To: Scott, Georgette
Subject: FW: Fwd: Fwd: Cape Side Subdivision SW8 930803 Mod.
Do you have a problem with this extension? It sounds like to me that the developer is correcting an issue that was
created by someone else.
From: Phil Tripp [mailto:ptrippOec.rr.com]
Sent: Thursday, April 07, 2011 11:42 AM
To: Cox, David
Cc: Scott, Georgette; Jefffawhitneyblair.com
Subject: Fwd: Fwd: Fwd: Cape Side Subdivision SW8 930803 Mod.
Dear David,
We have reviewed the Cape Side Subdivision stormwater system to provide engineering certification. The
drainage for the low density development is provided with roadside swales.
The project is in compliance with one exception. The lot no. 37 homeowner(or previous owner)has placed a
bulkhead within the limits of an existing 3:1 drainage swale located between lot nos. 36 &37. The bulkhead is
placed approximately along the property line/swale centerline. While the drainage is functioning,the recorded
restrictive covenants prohibit the encroachment.
The developer, Jeff Sanderson with Coastal Developers LLC, is in the process of contacting the lot no. 37
homeowner to work on a solution for all involved.
We would respectfully request some time to meet with the homeowner, advise them of the situation, develop a
remedy and complete a restoration. We estimate a minimum of 90 days to complete.
Please contact us with questions, comments or if you need additional information.
Thank you,
Phil
Original Message
Subject:Re: Cape Side Subdivision SW8 930803 Mod.
Date:Thu, 10 Mar 2011 16:12:51 -0500
From:Phil Tripp<ptripp@,ec.rr.com>
To:Scott, Georgette<georgette.scott@,ncdenr.gov>
CC:[e-mail]<Jeffci,whitneyhlair.com>, Cox, David<[e-mail]>
Georgette,
Thank you and will do.
Phil
1

On 3/10/2011 3:34 PM, Scott, Georgette wrote:
> You have 30 days from today. Please respond to David Cox.
> Thank you
> Georgette Scott
> Stormwater Program Supervisor
> State Stormwater Program
> NC Division of Water Quality
> 127 Cardinal Drive ve Ext.
> Wilmington, NC 28405
> Phone (910) 796-7335
> Fax (910) 350-2004
> E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties.
Original Message
> From: Phil Tripp [mailto:[e-mail]]
> Sent: Thursday, March 10, 2011 3:28 PM
> To: Scott, Georgette
> Cc: [e-mail]
> Subject: Cape Side Subdivision SW8 930803 Mod.
> Georgette,
> We are in receipt of your February 14, 2011 NOV-2010-PC-0109 for Cape
> Side Subdivision.
> We are planning a site visit tomorrow to verify compliance. Could you
> please give us a 30 day extension to allow sufficient time to respond?
• Please contact us with questions, comments or if you need addiLional
> information.
> Thank you,
> Phil
2

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, September 15, 2014 12:51 PM
To: 'Derek Jarrett'
Cc: Scott, Georgette
Subject: RE: CapeSide
Attachments: 2014 07 CE!_SIMS 930803.pdf; 2011 02 CEI_SIMS 930803.pdf; 2013 06 CEi RIMS
930803.pdf
Thanks Derek. I think that the bottom line is that there appear to be areas where the site is not compliant. If you have
another NC licensed engineer that is willing to certify that the subdivision is currently built per the permit then that is
fine. I don't know what has happened since David's 2013 compliant inspection. I see that David also went out there in
February 2011 (all 3 inspection reports attached). He probably focused his 2013 inspection on the items that were non-
compliant in 2011, but I can only assume that. A lot of time has passed since the various inspections and the
certification. I don't have any way to know the state of things at the various points in history. It is just a requirement of
the transfer process for the site to be in compliance in order to transfer to the HOA.
If you all have further questions please let me know.
Thanks,
Kelly
From: Derek Jarrett [mailto:derekPpremiermanagementnc.com]
Sent: Monday, September 15, 2014 12:08 PM
To: Johnson, Kelly
Subject: RE: CapeSide
Hi Kelly,
I have not been able to get Phil Tripp to respond to me on this... he was hired by the original developer and did all the
engineering. The new developer has hired Doug Talbot, he is who worked with Mr. Cox. I can arrange a call for you with
him if you would like.
Thanks
Derek
From: Johnson, Kelly [mailto:kelly.p.johnsonancdenr.gov]
Sent: Monday, September 15, 2014 8:29 AM
To: Derek Jarrett
Subject: RE: CapeSide
Derek,
Is the engineer still Phil Tripp, or is there someone else now? I will talk to my supervisor on how to proceed.
Thanks
K!
From: Derek Jarrett [mailto:derekCTpremiermanagementnc.com]
Sent: Thursday, September 11, 2014 6:25 PM
1

To: Johnson, Kelly
Subject: CapeSide
Kelly,
Good Afternoon. I hope you are well. I wanted to give you an update on a few things from the developer.
The lot that you requested be turned over to the HOA is ready to do so. The paperwork is completed and all they have
to do is record it.
Regarding a few of the other things. I am not sure if you are aware, but the new developer took over this property after
the previous developer was foreclosed on by Security Savings Bank. Prior to the takeover they had worked with Mr.
Cox,which I know is no longer in your office to make sure everything was compliant...which they were told it was. They
now have a major concern about who is expected to pay for the other modifications that are on the new report that did
not show up when Mr. Cox did the inspections. I went back to the original developer and they confirmed that no homes
had been built in the community since approx.2008. They said there were homes that were built in 2007 and 2008 that
did not sell until 2011 or 2012 which could be why the deeds looked like homes had been built recently.
Please let me know how you would like to proceed with this, as it was a foreclose from a bank purchased by a new
developer. They do have an engineer retained that worked with Mr. Cox during the purchase process. He is willing to
speak to you to discuss the matters further if you have time.
Thank you and have a nice night.
Derek
Derek Jarrett,CMCA®1 Premier Management Company
910-679-3012 x 7001 Fax [phone]
www.PremierMana2ementNC.com
2

Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, August 26, 201412:17 PM
To: 'Derek Jarrett'
Subject: RE: CapeSide Stormwater Permit
Derek,
There was an NOV in 2010 for not certifying the system, and the inspection documents that we
got the BMP certification and that they had maintained the BMP. It doesn't sound like he
looked at any other aspects of the system than those that were in the 2010 letter when he
called it compliant. The only "new" compliance item in the letter is the swale drainage.
Those appear to have happened since the 2010 NOV.
If you have further questions please let me know.
Thanks,
KJ
Original Message
From: Derek Jarrett [mailto:derekOpremiermanagementnc.com]
Sent: Monday, August 25, 2014 4:50 PM
To: Johnson, Kelly
Subject: CapeSide Stormwater Permit
Hi Kelly,
The developer for CapeSide asked that I pass this report along they have from June 2013
saying everything was in compliance with the permit. They were wondering why there was so
much that changed between the last inspection in June of 2013. They are working on getting
things put together for lot 22.
Thank you!
Derek
1

v mcwA
Alt
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, Ill
Governor Secretary
July 14, 2014
Mr. Derek Jarrett,HOA Management Company Representative
Premier Mgmt Company
PO Box 12051
Wilmington, NC 28405
Mr.Jeffrey L. Sanderson,President
Whitney Blair, Inc.
Po Box 6748
Shallotte, NC 28470
Subject: Request for Additional Information, Notice of Inspection,and Guidance on Piped Swales
Cape Side Subdivision
Permit No.SW8 930803
Brunswick County
Dear Mr. Gentlemen:
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources(DEMLR)received and accepted a
State Stormwater Permit Transfer Request Form for the subject project in Brunswick County on June 5,2014. DEMLR
inspected the project on July 7,2014 to determine the status of compliance with the State Stormwater Management Permit
which was most recently issued on June 22,2007.
Request for Additional Information:
The permit is currently issued to Whitney Blair, Inc,and the company has requested to transfer the permit to the Cape Side
Property Owners Association. Though this company no longer owns property in the subdivision,the company is still the
legal permittee until the permit is transferred because State Stormwater permits do not transfer with the sale of land. I
understand that the property was foreclosed, and that Drapac Group 24, LLC bought the project from Security Savings
Bank on July 2, 2013. Derek Jarrett of Premier Management Company currently oversees the Cape Side Property
Owner's Association on behalf of Drapac Group 24, LLC. Cape Side Property Owners Association currently consists of
several Drapac representatives,and an HOA resident representative.
1. There are three requirements for transferring a permit to an HOA:
a. At least 50%of the Lots Have Been Sold: This requirement has been met. Drapac Group 24, LLC owns
26 of the 78 lots including Lot 22 where a bioretention cell to treat stormwater runoff is located. The
remainder of the project has been sold to either individual families or in small groups(1-2 lots each)to
builders.
b. Common Areas are Owned by the HOA(Lot 22): Lot 22 contains a bioretention cell,a stormwater
treatment device. As of July 8,2014 county property records show that Lot 22 is owned by Drapac
Group 24, LLC. Ownership of Lot 22 must be transferred to the HOA.
c. The Permit is in Compliance: The permit is not in compliance as discussed in the Notice of Inspection
section below. The permit will need to be brought into compliance.
Division of Energy, Mineral,and Land Resources
Land Quality Section—Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405•[phone]/Fax:[phone]

5V1/8 930803
July 14,2014
2. The following information is needed to continue the permit transfer review:
a. Please deed Lot 22 to the HOA and submit a copy of the deed.
b. Please bring the project into compliance with its permit as discussed in the next section.
c. Transfer Form: There are two transfer forms available on our website,
http://portal.ncdenr.org/web/lr/state-stormwater-forms_docs. One form is for HOA subdivisions, and
requires only the current/outgoing permittee,and not the proposed/incoming permittee to sign the form.
The other form is for other permit transfers. The HOA form has been submitted for this project, however
that form is for situations where the site is in compliance which is not the case here. Please submit the
enclosed transfer form titled,"State Stormwater Permit Name/Ownership Change Form". This form
should be signed by both the current/outgoing permittee and the proposed/incoming permittee.
i. Current/Outgoing Permittee: The current permit is issued to Whitney Blair, Inc. Jeff Sanderson
is listed as the President per the NC Secretary of State's records,and so this section of the
form should be signed by Mr.Sanderson. Please submit an original, notarized signature rather
than a copy.
ii. Proposed/Incoming Permittee: The proposed permittee is Cape Side Property Owners
Association. Please submit the following in order for Derek Jarrett of Premier Management
Company to sign for the HOA:
1. Election Minutes: Please submit the latest election minutes showing the officers of the
HOA.
2. Signature Authority Letter: Please submit a letter signed by either the President or the
Vice President of the HOA delegating authority to Derek Jarrett to sign on their behalf.
3. Original Signatures: Please submit an original,notarized signature rather than a copy.
Notice of Inspection(Non Compliant):
DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit.
Please find a copy of the completed form entitled"Compliance Inspection Report" attached to this letter,which summarizes
the findings of the recent inspection.
As indicated in the attached inspection report,the following deficiencies must be resolved:
1. Bioretention O&M: The bioretention cell needs to be maintained per the enclosed Operation and Maintenance
agreement. Please submit pictures of the maintained bioretention cell with your resubmittal.
2. Low Density O&M:
a. O&M Agreement: The Low Density(Swale)O&M is missing from the file. Please submit the enclosed
"Swale System Maintenance Requirements"form signed by Derek Jarrett. (This is page 4 of the full low
density supplement which is available on our website, http://portal.ncdenr.org/web/Ir/state-stormwater-
forms docs, but only page 4 is needed.)
b. It appears that some swales may not drain per the permitted plan. The PE Certification was completed
in 2011,but houses have been built since that time which may have changed the drainage patterns
which were certified in 2011.
i. Example, Lot 43: Lot 43 was deeded in 2010,which was prior to the 2011 PE Certification. It
appears that this lot does not drain water from adjacent/uphill Lot 44,which was deeded in
2012(after the PE Certification). I have cc'd your engineer, Phil Tripp. If his PE Certification
needs to be updated please complete any necessary field work and then submit the updated
certification. There may be other lots in a similar situation.
ii. Some Lots are Not Yet Built and Swales Are Not In Place(Example, Lot 39): This lot is
downhill of Lots 43 and 44. Water has to flow through the swale in Lot 39 to exit the
subdivision. This swale is either missing or has silted-in since the PE Certification such that it
needs to be maintained. There may be other lots in a similar situation or lots where swales
have been piped.
iii. Submittal: Please submit pictures of the maintained swales and/or an updated PE Certification
as applicable with your resubmittal.
Page 2 of 3

SW8 930803
ly 14, 2014
Please inform this Office in writing before August 11,2014,of the specific actions that will be undertaken and the time
frame that will be required to correct the deficiencies. Failure to provide the requested information,or to respond to this
letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to$25,000 per day.
If a written plan of action is not submitted to this office by August 11,2014 then DEMLR staff will re-inspect the site and
issue a Notice of Violation if the listed deficiencies have not been addressed.
Guidance on Piped Swales:
Several residents have contacted my office as well as the Building Inspector for the Town of Sunset Beach, Randy
Walters,whether or not they can install pipes in lieu of the swales in the right-of-way in front of their homes. This is
potentially feasible for some lots where the swales drain to a bioretention cell, but it is not feasible for all of the lots in the
subdivision. However,there are several things to consider and you will need to have your engineer determine if piping is
appropriate in the bioretention cell's drainage area. For instance,who would be responsible to maintain the pipes if the
swales are piped? Also, if the swales are piped then water draining from the homes will drain into the streets. This could
create a potential safety issue. It could also create the potential for having water not drain to the permitted bioretention cell
as the project was designed. Please also be aware that piping swales will require a permit from the Town. I have
discussed the situation with Mr.Walters and if your engineer feels that he has a potential solution,then Mr.Walters and I
will be willing to discuss a path forward. Please contact me if you would like to discuss this further.
If the project has changed its name, ownership,or mailing address,it is your responsibility to submit a completed and
signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include
the name, mailing address and phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office,telephone number(910)-796-7331 or via
email at [e-mail].
Sincerely,
II • nson
Environmental Engineer
enc: Compliance Inspection Report,July 7,2014
Permit,June 22,2007(including the Supplements and Operation and Maintenance Agreement)
PE/Designer Certification June 13,2011
State Stormwater Permit Name/Ownership Change Form
Brunswick County Property Records, Lot 22
Cape Side Subdivision Ownership per County Records,July 8,2014
Swale System Maintenance Requirements
DSlkpj: G:1WQ\Shared\Stormwater\Permits&Projects119931930803 LD12014 07 CEI_deficient 930803
cc: Randy Walters,Town of Sunset Beach Inspections, 700 Sunset Blvd N,Sunset Beach, NC 28468
Phil Tripp, PE
Georgette Scott,Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 3 of 3

SW8 930803: Cape Side Subdivision-Ownership per County Records 7/8/14
Lot# Owner Count Count
1 Sanderson
2 Criswell
3 Swanson
4 Lavin
5 Vitelli_ ________
6 Austin
7 Mihal
8 Tarantino
9 Hansen
10 Warner
11 Chambers
12 Northrup
13 Drapac Group 24, LLC 1 1
14 Riffel
15 Childress
16 Yarbrough and Company Builders, LLC 1
17 Putnam
18 Carothers
19 Glennon
20 Eckley
21 Drapac Group 24, LLC 1 L 1
22/Bioretention Drapac Group 24, LLC 1 1
23 English
24 Drapac Group 24, LLC 1_ 1
25 Drapac Group 24, LLC 1 1
26 Drapac Group 24, LLC 1 1
27 Gilbert
28 Drapac Group 24, LLC 1 1
29 Drapac Group 24, LLC 1 1
30 Drapac Group 24, LLC 1 1
31 Carfora
32 King
33 Drapac Group 24, LLC 1 1
34 Yencik
35 Gano
36 Drapac Group 24, LLC 1 1
37 King
38 Brockway
39 Drapac Group 24, LLC 1 1
40 Drapac Group 24, LLC 1 1
11 King& King Builders, Inc
42 Harrison
43 Law
44 Lopez
45 Bellamy
I 46 Drapac Group 24, LLC 1 1 I

SW8 930803: Cape Side Subdivision-Ownership per County Records 7/8/14
Lot# Owner Count Count
47 Lane
48 Drapac Group 24, LLC 1 1
49 Drapac Group 24, LLC 1 1
50 Owen
51 Drapac Group 24, LLC 1 1
52 Drapac Group 24, LLC 1 1
53 Drapac Group 24, LLC 1 1
54 Drapac Group 24, LLC 1 1
55 Bronaugh
56 Humphrey
57 Phipps
58 Hansen
59 Crosier
60 Patrick
61 Domby
62 Kuntz
63 Goodwin
64 Smithwick
65 Watson
66 Drapac Group 24, LLC 1 1
67 Ditzler
68 Drapac Group 24, LLC 1 1
69 Moses
70 Drapac Group 24, LLC 1 1
71 Drapac Group 24, LLC 1 1
72 Charles Fox Homes, Ltd 1
73 Drapac Group 24, LLC 1 1
74 Cox
75 Morris
76 Drapac Group 24, LLC 1 1
77 Antone
78 Sams
26 29
33.33% 37.18%

dwz a 3 0303
L15 7 OF ThoPeR.TnES 5.2..D
Last Name Address 1 Type Lot# (GOOD
Lopez 8302 Breakers Trace Ct. 01 44
Law 8306 Breakers Trace Ct. 01 43
Harrison 8310 Breakers Trace Ct. 01 42 7 b5.-1 FWQucA&rr
Yencik 8311 Breakers Trace Ct. 01 34 l..
Gano 8315 Breakers Trace CL 01 35
Brockway 8322 Breakers Trace Ct. 01 38
King 8323 Breakers Trace Ct. 01 37
Sanderson 1051 Cape Side Wynd 01 01
Criswell 1055 Cape Side Wynd 01 02
Cox 1056 Cape Side Wynd 01 74
Swanson 1059 Cape Side Wynd 01 03
Moms 1060 Cape Side Wynd 01 75
Lavin 1063 Cape Side Wynd 01 04
Vitelli 1067 Cape Side Wynd 01 05
Antone 1068 Cape Side Wynd 01 77
Austin 1069 Cape Side Wynd 01 06
Humphrey 8302 Dunes Ridge PI. 01 56
Bronaugh 8306 Dunes Ridge PI. 01 55
Lane 8307 Dunes Ridge PI. 01 47
Zidovsky 8317 Dunes Ridge PI. 01 50
Moses 1056 Sea Bourne Way 01 69
Ditzler 1064 Sea Boume Way 01 67
Watson 1072 Sea Boume Way 01 65
Sams 1075 Sea Bourne Way 01 78
Smithwick 1076 Sea Boume Way 01 64
Goodwin 1080 Sea Boume Way 01 63
Kuntz 1084$ea Boume Way 01 62
Mihal 1085 Sea Bourne Way 01 07
Domby 1088 Sea Bourne Way 01 61
Tarantino 1089 Sea Bourne Way 01 08
Patrick 1092 Sea Boume Way 01 60
Hansen 1093 Sea Bourne Way 01 09
Warner 1095 Sea Bourne Way 01 10
Crosier 1096 Sea Boume Way 01 59
Chambers 1097 Sea Boume Way 01 11
Northrup 1099 Sea Bourne Way 01 12
Hansen 1100 Sea Boume Way 01 58
Phipps 1104 Sea Boume Way 01 57
Rifle! 1107 Sea Boume Way 01 14
Childress 1111 Sea Boume Way 01 15
&Company 1115 Sea Boume Way 01 16
Bellamy 1118 Sea Bourne Way 01 45
Putnam 1119 Sea Bourne Way 01 17
Carothers 1123 Sea Boume Way 01 18
Glennon 1127 Sea Boume Way 01 19
Eckley 1131 Sea Bourne Way 01 20
Carfora 1136 Sea Boume Way 01 31
Gilbert 1150 Sea Boume Way 01 27
King&King Builders 8303 Breakers Trace Ct. 01B 32
King&King Builders 8312 Breakers Trace Ct. 01B 41
Charles Fox Homes 1055 Sea Bourne Way 01B 72
Drapac Group24,LLC 8307 Breakers Trace Ct. CD 33
Drapac Group24,LLC 8314 Breakers Trace Ct. CD 40
Drapac Group24 LLC 8318 Breakers Trace Ct. CD 39
Drapac Group24 LLC 8319 Breakers Trace Ct. CD 36
Drapac Group24 LLC 1052 Cape Side Wynd CD 73
Drapac Group24 LLC 1064 Cape Side Wynd CD 76 1
Drapac Group24 LLC 8305 Dunes Ridge Pl. CD 46 ..17°
Drapac Group24 LLC 8308 Dunes Ridge PI. CD 54
Drapac Group24 LLC 8309 Dunes Ridge PI. CD 48
Drapac Group24 LLC 8312 Dunes Ridge PI. CD 53
flECEIVE Cam
JUN 0 5 2014
RY:

Drapac Group24 LLC 8313 Dunes Ridge PI. CD 49
Drapac Group24 LLC 8314 Dunes Ridge PI. CD 52
Drapac Group24 LLC 8318 Dunes Ridge PI. CD 51
Drapac Group24 LLC 1051 Sea Boume Way CD 71
Drapac Group24 LLC 1052 Sea Boume Way CD 70
Drapac Group24 LLC 1060 Sea Bourne Way CD 68
Drapac Group24 LLC 1068 Sea Bourne Way CD 66
Drapac Group24 LLC 1103 Sea Bourne Way CD 13
Drapac Group24 LLC 1135 Sea Boume Way CD 21
Drapac Group24 LLC 1138 Sea Boume Way CD 30
Drapac Group24 LLC 1139 Sea Bourne Way CD 22
Drapac Group24,LLC 1144 Sea Bourne Way CD 29
Drapac Group24 LLC 1148 Sea Bourne Way CD 28
Drapac Group24 LLC 1154 Sea Bourne Way CD 26
Drapac Group24 LLC 1158 Sea Boume Way CD 25
Drapac Group24 LLC 1162 Sea Boume Way CD 24
total#of lots: 77
#conveyed to owners 51
66% .1t3
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7/8/2014 Drapac USA a Tyson Reilly
WHY THE USA? SERVICES ASSETS ABOUT US CONTACT US
STAFF PROFILES A,;;,,d us, v_ff?r_`-__ Tyson Reilly
C:apac
.._._ _ TYSON REILLY - DIRECTOR - PROPERTY
Costa Alexbou
Sebastian Drapac
Jeremy my Qjinn B.Pe/it/car'Science,Minor Lirbar Studies and Pubirc R lidy—The University of Michigan
.. I
Tyson join•ad the D:apac Group in October 2012 as a Director of Property.His key responsibi ty is the
Cookes mane-v.-writ of ac....risitions in the Southeastern United States,with a particular e,nphesis on major
caress North Carolina,South Carolina,and Florida.
A'.r<Ha;
Jodie Da% s In early 2000,Tyson commenced it:,—plop—lent with Schostak Bothers,a commercial and residential
developer based in Detroit.He was pet`of a team of associ.dos that m.:aac c::..i leasing and developm-nt
Nil<olas Hatiis related activities for a largeportfolio of Class A institutional quality
q y Frc;cc,ts in the Detroit Metro Area,
Di•4jot Singh including the well known Campus P.:aarti,Je project.
Sisca Bong In 2004,Tyson formed his own do elopment.and investment company alongside a group of investors
Jason Yap aid successfully acquired sr_•••e:.•• al single family subdivisions in suburban Detroit.In 2006.a joint\:nh:.e
was formed with a Boca Raton-based developer with a primary focus on devc.ioping or.)cory and big box
Ksenia Dyachol; anchored shopp.ig centers in the Southeastern US.
Tyso is responsibilities with Drapac Group USA include site identification,underwriting.aid the
mina ement of due diligence and entitlornents on contracted prop(;'
Mo`iilc:[phone] T
Phone:+1 (803)5,13 1656 e (v5ct co IIYI
EMil I L.inkedir
ND 0wtn 5
OUP COMMITMENT CONTACT US 1 .( cyno3
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http://www.drapacusa.comiabout-us/staff-profiles/tpon-reilly 1/1

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; � �
fA'''''''' Itillii rend, n. eleosane Corn/Min
M nsw1 ?rr^ ' ,',..-IA later of Deeds page 1 of 3
This card/les that there are no delinquent$# U-I _^_
valorem taxes,fees,assessments or otheY Lyy�e'l�Q c lemsons Register of Deeds 1`i�GCC
liens which the Brunswick County Tax 07-10-2013 10:05:54.000 Brunswick County, NC DE6D
Collector is charged with collecticajtiat a NC REVENUE STAMP: $380.00 (,t355453)
Caen on:Parcel Number e?41eiso/ �`
as notated by the Brunswick County J ( dl)
r __,.,.,BSI O F t i t
Me
Assessor's Office. This is not a cefific stir Re, 0 Inl.
that the parcel number matches the deed le 'n,; IT G'ICJ Casai S riii,'IPtki ;fei
Data 0 anap/fIIN r;eniere.:NeAgEJbtltoanditon
(Ant)Tax Col.I Da..Tax' V-7,. r.. .
e kg arm•sainsBalsvertedoyortdinal 'x.•.
u'o.:'..! !iilv,-4.:inin be reormaa ofCdpjed, ,
SPECIAL WARRANTY DEED
STATE OF NORTH CAROLINA 1 M�('0�reFE ZA Cal# Soo attached exhibit
COUNTY OF BRUNSWICK �J v`��;�yU� 3�" enue Stamps$ 0 OD
la prz.z.,ja
THIS DEED,made this 2 day of July,2013,by and between Security Savings Bank, P.0.Box 10069,
Southport,NC 28461,hereinafter,whether one or more,referred to as"GRANTOR,"and Drapac Group 24,LLC,a Delaware
limited liability company,with a mailing addrelk4 6161 Sant Blvd_, ' ,whether one or more,
e
referred to as"GRANTEE": AV
es, CA 90038
(EOFFt
WI
lgiftriejk
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 of those certain lots or parcels
of land situated in Brunswick County,Nort rolina,and more particulatescribed as follows:
09
TRACT ONE: BEING all of Lt 99,"46,4 ,;• _ 63,g6N8,68,70,71,73 and 76,Section
One, of Cape Side Subdivision,as shown on a`'i'-tr, . ,4 in Map Cabinet 24 at Page 116 of the
Brunswick County Registry,said lots having the metes,boun%'s and locations as shown on said map.
TRACT TWO: BEING all of Lots 21,22,24,25,26,28,29,30,33,36,39 and 40,Section Two, of
Cape Side Subdivision,as shown on a map recorded In Map Cabinet 24 at Page 117of the Brunswick
County Registry,said lots hay' metes,bounds and locations as shown on said map.
For back reference see Book Isis. O a� 1� r 1.A L. 'c k County Registry.
This property does not include0alsyMcAp�Q'z"jQ�7r��r�r(r'
This deed prepared by Michael R.Isenberg,a Iicense(North Carolina attorney. Delinquent
taxes,If any,to be paid by the closing attorney to the Brunswick County Tax Collector upon
disbursement of closing proceeds.
Prepared by Michael R.Isenberg WITHOU INNION ON TITL on
109 E.Moore St.,Southport,NC 28461 O �F g �/�'
a

v:11 i 10 i'*Et* 1 op
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Ir ••
of Deeds page 2 of 3
UNORTCYAL
TO HAVE AND TO HOLD said lot rcel of Ivileges and appurtenances thereto belonging,to the
Grantee in fee simple. ,
AND the Grantor covenants with the Grantee that Grantor has done nothing to impair such title as Grantor received,
and Grantor will warrant and defend the titlinst the lawful claims of al persons claiming by,under or through Grantor.
Q
IN WITNESS WHEREOF,the Grantor has. O I t_and seals,the day and year first above written.
v 0,070 0L
WESAIL
Security S ngs Bank
BY:
Henry dmund, f Executive Officer
0.•vr '
STATE OF NORTH CAROLINA
, `O ��11(Cg` �
F B COUNTY OF — r"iOA [1 O tsq®iff Cr
IlL
I, Z. u- S ,a Notary Public in and for the State and County aforesaid,do hereby
certify that Henry Edmund, chief executive officer of Security Savings Bank,a North Carolina corporation,in said capacity
and upon authority duly granted,personally appeared before me this day and acknowledged the due and voluntary execution
of the foregoing instrument for the purposes therein set forth.
•
4� V A
Witness my hand and notarial sear,° t'l,-'!
uT 2013.
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cj n UNOIF61 4
PARCEL NUMBER Lol'NUMBER
241E13013 LOT-13
241EB021 LOT-21 _
241EB022a 0 � '6,_
2��a. I�
241EB024 n n u�'cam¢ x�
241EB025 Lltkdg
241EB026 LOT-26 A
241EB028 LOT-28 p
T.
241EB029 ' 0 F�g p�tA �
241EB030 kg'-
g��
vvJ
241EB033 L grem
• r
241E8036 LOT-36 '`-=
241EB039 LOTI g Ti
-39 °'I g
241EB040 s' ��gst � °'$ N
241EB046 L p]©J Lam • u
241E6048
241EB049 LOT-49
751FRf151 LOT-51
241EB052 r ' .,, � I
241EB053 [-Ib ` v L
241EB054
241EB066 LOT-66
241EB068 < LOT-68
4,c p
241E6070 n�1 � 1- -
241EB071 L _^,,j�� ukiatmczAu
241EB073 `= (ft��
241EB076 LOT-76
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4
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Mr- PREMIER
MANAGEMENT
COMPANY
SOLUTIONS • SERVICE • TEAMWORK
CONDOMINIUM AND HOMEOWNERS ASSOCIATION
MANAGEMENT AGREEMENT
ASSOCIATION CapeSide Homeowners Association,Inc.
AGENT Premier Management Company
For Property Located At Sunset Beach,North Carolina
Beginning May 1,2010

SECTION 22
CONFLICT OF INTEREST
Agent shall not accept from any party providing goods and services to the Association, including
vendors and independent contractors,any remuneration or consideration in any manner or form,as
consideration for or inducement to Agent for using the party's goods or retaining their services on
behalf of the Association,all such benefits being rightly due to the Association.
SIGNATURES
IN WITNESS WHEREOF,the parties hereto have affixed or caused to be affixed their respective
signatures this day of ,20_
Association:
Board President: r /
vU
Agent:
PREMIER A NT COMPANY
By:
n ,P sident
13

i .
� NORTh�,, CAR L
INA
Department of The Secretary of State
•
To all whom these presents shall come, Greetings:
I,ELAINE F.MARSHALL; Secretary of State of the State of North Carolina, do
hereby certify the following and hereto.attd hed to be a true copy of
ARTICLES OF INCORPORATION
OF
CAPE SIDE PROPERTY OWNERS ASSOCIATION,INC.
the original of which was filed in this office on the 6th day of dune,2001.
f; _ °e ` IN WITNESS WHEREOF,I have hereunto
} 1, : ,.'i set my hand and affixed my official seal at the
4 +" `�' � . : City of Raleigh,this 6th day of June,2001
i' .;
t + " f
.-i ihiite,.--.4 af.4.06-de
4s k IL[4 ..
Secretary of State
Document Id: 211s69086

SOSID:0593474
State of North Carolina Date Filed:616/2001 11:35 AM
Department of the Secretary of State Elaine F.Marshall
North Carolina Secretary of State
21 156 0 6 6 ARTICLES N
OwONPPRFIT CORPORATION
Pursuant to§55A-2-02 of the General Statutes of North Carolina,the undersigned corporation does hereby submit these Articles of
r---noration for the purpose alarming a nonprofit corporation.
I. The name of the corporation is: CAPE BIDE PROPERTY olguRs ASSOCIATION. INC.
2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS§SSA-1-40(4).
3. The street address and cwnty of the initial registered office of the corporation is:
Number and Street 6263 BEACH DR., SW
City,State,Zip Code OCEAN ISLE BEACH., NC 28469 County BRUNSWICK
4. The mailing address V different front the street address of the initial registered office is:
N/A
5. The name of the initial registered agent is:
JEFFREY L. SANDERSON
6. The name and address ofeach incorporator is as hollows:
JEFFREY L. SANDERSON
1829 EAST FRANKLIN STREET
900 B FRANKLIN SQUARE
CHAPEL HILL, NC 27514
7, (Check either a orb below.)
a, X The corporation will have members,
b. The corporation will not have members.
S. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution. SEE ATTACHMENT "A"
9. Any other provisions which the corporation elects to include are attached.SEE ATTACRtE1T "B"
10, The street address and county of the principal office of tha corporation is:
6263 BEACH DR.. SW OCEAN ISLE BEACH Nt< 28469 County SRUNSWICK
11. The mailing address if dffferesitfrotn the street address of the principal office is:
r IA
Revised January 2000 Form N-Oi
rnPPnR ATIMNR flnnsTfN P n fin,9c677 R AT FTAH Nr?710641677

•
12. These articles will be effective upon fling,unless a later time and/or date is specified;
This is the 7 day of JUNE ,20 of.
Aiii)11,411
JEFFREY L. SANDERSON lORATOR
Type orpr bd Incorpomlor's name and Mlle,(tasty
NOTES:
1. Filing the is$60. This document and one exact or conformed copy of these articles must be filed with the Secretary of State.
Revised January 2000 FormN-0l
MANIAATEONR iITVtRTfN P 0 Rf)Y 1407 A AT RTGR NC 776745-067.7

ATTACHMENT"A"
The nonprofit corporation is a mutual benefit corporation. Upon dissolution of
the mutual benefit corporation,the remaining assets shall be distributed to its members,
or if it has no members,to those persons to whom the corporation holds itself out as
benefiting or serving.

ATTACHMENT"B"
a. Membership. Every person or entity who is a record owner of a fee or undivided
fee interest in any Lot which is subject by covenants of record to assessment by
the Association shall be a member of the Association provided that any such
person or entity who holds such interest merely as a security for the performance
of an obligation shall not be a member.
b. Voting Rights. The Association shall have two(2)classes of voting membership.
Class I. Class I members shall be all Owners excepting Declarant. Class I
Members shall be entitled to one(1)vote for each Lot in which they hold the
interest required for membership by Section(a)above. When more than one
person holds such interest or interests in any Lot,the vote attributable to such Lot
shall be exercised as such persons mutually determine,but in no event shall more
than one(1)vote be cast with respect to any such Lot.
Class II. The sole Class II Member shall be Declarant. The Class II Member
shall be entitled to total votes in an amount equal to twice the number of the Class
I votes plus one. The Class II membership shall cease and become converted to
Class I membership upon the conveyance to Lot Owners of 80%of all Lots
subject to this Declaration,or December 31.2015.whichever first occurs. In
addition,Declarant may terminate the Class II membership upon written notice to
the Association.
c. Meetings of Members. The By-Laws of the Association shall provide for an
annual meeting of the Voting Members,and may make provisions for regular and
special meetings of the Voting Members other than the annual meeting. Unless
otherwise stated in the By-Laws or Declaration,a quorum for the transaction of
business at any meeting of the Voting Members shall exist if fifty-one(51%)
percent of the Voting Members are present at any meeting. So long as a quorum
is present at the opening of the meeting,business may be transacted until
adjournment notwithstanding the withdrawal of enough Voting Members to leave
less than a quorum in attendance. Further,at any adjourned meeting at which a
quorum is present at the reconvening of such meeting,any business may be
transacted which might have been transacted at the original meeting and
notwithstanding the withdrawal of enough Voting Members to leave less than a
quorum.

Compliance Inspection Report
Permit: SW8930803 Effective:06/22/07 Expiration: 06/22/21
Project: Cape Side Subdivision Aka.Georgetown Es
Owner: Whitney Blair Inc
County: Brunswick Adress:
Region: Wilmington
City/State/Zip:
Contact Person: Jeff Sanderson Title: Phone: [phone]
Directions to Project:
Type of Project: State Stormwater-HD-Bioretention State Stormwater Low Density
Drain Areas: 1 -(Calabash River) (03-07-59)(SA;HQW)
2-(Calabash River) (03-07-59)(SA;HQW)
On Site Representative(s):
Related Permits:
Inspection Date: 07/07/2014 Entry Time: 10.30AM Exit Time: 11:30AM
Primary Inspector. Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant El Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

Permit: SW8930803 Owner-Project Whitney Blair Inc
Inspection Date: 07/07/2014 Inspection Type Transfer Renewal Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? • ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? • 000
Signed copy of the Operation&Maintenance Agreement is in the file? IM000
Copy of the recorded deed restrictions is in the file? • ❑ 0 0
Comment: PE Certification dated 7/13/11
O&M Agreement: The Bioretention O&M is with the permit issued 6/22/07. The low density O&M is
missing from the file.
Deed Restrictions: Brunswick County. NC BK1477:PG108-129 and BK2949:PG1208-1209
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? • 0 0 0
Is the drainage area as per the permit and approved plans? • 0 0 0
Is the BUA(as permitted)graded such that the runoff drains to the system? • 000
Comment: BUA and drainage were certified by a PE in 2011 to have been built in substantial compliance with the
permit.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? • 000
Are the inlets located per the approved plans? 101000
Are the outlet structures located per the approved plans? • 000
Comment: The SW Measures were certified by a PE in 2011 to have been built in substantial compliance with the
permit.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ • ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to 0 ❑ 0 •
DWQ upon request?
Comment: The SW measures must be maintained.
page: 2

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Casmer, Jo
From: Mariana Orzech[[e-mail]]
Sent: Thursday, June 19,2014 7:41 AM
To: Casmer, Jo
Subject: RE Cane Side Stormwater Permit
Thanks so much.
From: Casmer,Jo[mailto:[e-mail]]
Sent: Wednesday,June 18,2014 4:35 PM
To: Mariana Orzech
Subject: RE: Cape Side Stormwater Permit
Hi Mariana: I'm sorry for the delaied response—I was out on Friday and when I returned to the office,yours was one of
many that I needed to go through. Yes,we did receive the transfer form and the fee. It will be assigned to a reviewer by
the end of the week I believe.
.To Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment&Natural Resources
Division of Environmental Assistance&Customer Service
127 Cardinal Drive Extension
Wilmington,NC 28405
Phone: [phone]
Fax: [phone]
Email co►espondence to and from this address may be subject to the North Carolina Public Recom►s Law and may be disclosed to Third
parties
From: Mariana Orzech [
Sent: Friday,June 13,2014 8:03 AM
To:Casmer,Jo
Subject: RE: Cape Side Stormwater Permit
Hi Jo,
Just wanted to check in to see If you got the permit and check and if you needed anything else from us.
Thank you.
:Titieria.Or ewii
v:t ?el Pion
F.f .71' .762
From: Mariana Orzech [
Sent:Thursday, May 29,2014 8:09 AM
To: 'Casmer,Jo'
Subject: RE:Cape Side Stormwater Permit
Thanks so much
1

From: Casmer,Jo [ ]
Sent:Thursday, May 29,2014 8:07 AM
To: Mariana Orzech
Cc: Baker,Chris
Subject: RE: Cape Side Stormwater Permit
Yes,submit to the address below my name—if you wish,you can send to my attention—!'l!be on the lookout for it.
jo Casmer
Administrative Assistant for DEMLR/Stormwater Section
NC Department of Environment&Natural Resources
Division of Environmental Assistance&Customer Service
127 Cardinal Drive Extension
Wlmington,NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From: Mariana Orzech [
Sent:Thursday, May 29,2014 8:04 AM
To:Casmer,Jo
Subject: RE: Cape Side Stormwater Permit
Thank you for the quick response. Correct, I only sent it to chris and when I didn't hear back, I thought I'd have
better luck adding you to the string.
Chris did forward the permit info to me when I first requested it so I think I'm all set.
Should the original be mailed here? I did not see an address on the form:
DEMLR/Stomwater Section
NC Department of Environment&Natural Resources
Division of Environmental Assistance&Customer Service
127 Cardinal Drive Extension
Wilmington,NC 28405
Thanks.
O i.s Asir
A1grfacement CornryP.?
4 F1.7m`>s.7t.%20 .:.
From: Casmer,Jo[ ]
Sent: Wednesday, May 28,2014 4:34 PM
To: Mariana Orzech
Cc: Baker,Chris
Subject: RE: Cape Side Stormwater Permit
Mariana: In looking at the email chain you just sent,it looks like you originally submitted it to just Chris via email so he
will have to respond to you himself. Yes,we normally need the original of the form mailed to us.
Did you ever get a copy of the permit as you requested? If not,I'll be happy to email it to you.
2

Jo Casmer
Administrative Assistant for DEMLR/Stomwater Section
NC Department of Environment&Natural Resources
Division of Environmental Assistance&Customer Service
127 Cardinal Drive Extension
Wilmington,NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Pubic Records Law and may be disdosed to third
parties
From: Mariana Orzech [
Sent: Wednesday, May 28,2014 4:21 PM
To: Baker,Chris
Cc:Casmer,Jo
Subject: FW: Cape Side Stormwater Permit
Please let me know if you have receive the attached and if you need anything else from me. I have a
homeowner waiting on it.
Thank you.
'..LE'C U
)1 C;.3?P.30.:2. e E. T.
3 F..
From: Mariana Orzech [ ]
Sent:Thursday, May 22,201412:46 PM
To: '[e-mail]'
Subject: RE: Cape Side Stormwater Permit
Chris,
Attached is the signed form from the original developer. If you need the original mailed or anything else to get
the change completed, please let me know.
Thank You.
731 ,:•Ae
From: Mariana Orzech [ ]
Sent:Tuesday, March 18,2014 11:49 AM
To: '[e-mail]'
Subject: Cape Side Stormwater Permit
Hi Chris,
Thank you for all the information this morning.
Below is my contact information.
3

Please email me a copy of the current stormwater permit for CapeSide HOA and the form that needs to be
completed to change it. This was the one currently in the name of Whitney Blair.
Thanks so much.
Orzec
e3.i'71,".2O1 2. F
4

..ompieteness Kev✓aew a.ueeceuu5t g-5
Project Name: OetoaQ,S, s1,,,bat')j, Ak4 [ /j, '`Areceived Date: — a 4
•Project Location: Accepted Date: 4.4)
Rule(s) 02008 Coastal 01995 Coastal ®Phase II (WiRO ) ®Universal 01988 Coastal
Type of Permit: New or Mod or PR Existing Permit#(Mod or PR): 9 3 D 805 ®PE Cert on File?
Density:.:.--HD--_:..or.-.-..:::LD___:- ]l'm.--Commer-cial__or--.__Residential- ONCG: - —--
%: 11(%OK?) I Stream Class: OSA Map ®Offsite to SW8
Subdivided?: Subdivision or Single Lot floRW Map FlExempt
Paperwork Emailed Engineer on:
®Supplement(s)(1 original per BMP) . BMP Type(s): kb
®O&M with correct/original signatures(1 original per BMP except LS/VFS and swales)
7
(
®Application with correct/original signatures � eed
10j4
DCorp or LLC: Sig.Auth. per SoS or letter Email Address: Design Engineer
®$505 (within 6mo) ®Email Address: Owner
®Soils Report with SHWT Note to Reviewer:
®Calculations(signed/sealed) �f� �sw lb4• ,t S cA"v-
No obvious errors �r11 �u ..., le‘ -s 1r � '
ElDensity includes common areas,etc S 416 .jti�1-1L.� �
®Deed Restrictions, if subdivided 64(�r 4-)vk:S /Ike- ,�-
®Signed Notarized ax.e- .ffvrl ty "'` . C0`'4 6 •
J
❑CorrectTemplate(Comm/Res&HD/LD) or Dec.Covenants&Rest.
Plans s a C k
II2 Sets 1 'Details (roads; cul-de-sacs,curbs,sidewalks,BMPs, Buildings,etc) ItO, au
Grading LilWeslands: Delineated or No Wetlands .7 Ee / 5 I/
Vicinity Map Layout(proposed BUA dimensions) / L, 2z e
®Legend ODA Maps i Project Boundaries
Infiltration t Wet Pond Offsite
Soils'Report ®Soils Report DPE Cert for Master Lot#:
LISHWT: LISHWT: ®Deed Rest for Master I Lot#Matches Master
Bottom: PP: BUA Permitted (Master): sf
Visited: BUA Proposed(Offsite): sf
Additional Information:
Permitted Proposed: Proposed: Proposed:
BUA(sf) I I I
UA(Sf) I - I I l
PP (el) I
SHWT(el) .
Depth(ft)
SA(sf)

M awe a 3o3o3 O
gn ©[ L U��y,,..r,An..., ck Camty—Register of Deeds R(., 5
,�,a, J. RObiiLSon
Inst 1324927 Book 2368Page 1255
04/11/2006 09:15:18aa Red!],�$5-\..J .L Ni
r~ n, ,r, y1p` CriBb
1 AS)
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CASH--REF—BY IT?)
STATE OF NORTH CAROLINA
D OF DEDICATION,
COUNTY OF BRUNSWICK `O rgFE �Lr NVEYANCE AND
O rfNoFFTJ,PTANCE OF STREETS
THIS DEED, Made this the day of April,
2006, by and between COASTAL
DEVELOPERS,LLC, a North Carolina limited liability company with its principal office and
place of business located in B County,Net
. �t ��, ,and CAPE SIDE PROPERTY
OWNERS ASSOCIATION, IG1.��(0 ; ( carol' t corporation with its principle
ft'ftoffice located in Brunswick CIIouun North Carolina, '
h'. hna, ��� ., 'er collectively referred to as
Grantor, and THE TOWN OF SUNSET BEACH, a municipal corporation, of
700 S ins&61•44- a• ahs 't- wafter referred to 'ntee;
• iNY�
1e1 R:
umForizat
it
For and in consideration of the conveyyaann treets by the Grantor to the Grantee
and the assumption by the Grantee of the obligation and duty to maintain such streets, the
Grantor has and by these present does hereby dedicate to the eneral public and grant,bargain,
4121%,,sell and convey unto the Grantee in .1.1rag a il t, title and interest in and to the
•
ENSOFFECIIM
streets lying in Shallotte To, .0. ., B !' p;c- n North Carolina, which are more
particularly described as follows:
Being all of the streets identified as "Cape Side Wynd", "Sea Bourne Way",
"Dunes Ridge Place", `Breakers Trace Court"� ated in Section One and
Section Two of Cape Side -,,.'visior �survey by Thomas W.
Morgan, PLS, dated March »iV ey is duly recorded in Map
Cabinet 24, page 116 cril u the BffitiffiffW County Registry, and
incorporated hereby by relerence for i:1 «:;L- tit of description.
This conveyance is made SUBJECT to the following reservations,restrictions,
easements and rights-of-way: r
ergel\
1. The right-of-way eas B "
is conveyed to '4. s successors, as ; -
partnering corporations by the : .._ r;..,,,Ft Ifook 1484,pag i:"> .d l
Book 1484,page 879 of . v 111. AAA O
,
2. Water and/or sewer .revi;,.,.:�Jr .. .eow and along th ¢`': eets
described hereinabove. Fiez,,,, .—/---
Preporif br c►,A5 Wehstev gV.r-/`

lJ g o allfflaFF # 324927 Book 2368Page: 1256
dvade
For back reference see deed recorded in B� '114221,,Page 863,Brunswick County
Registry.
TO HAVE AND TO HOLD the aforesaid streetsre and all privileges and
appuite auces thereto belonging to t�h,`"n r�'�:. 7. :r,t e!-�
"Li]0 I avmraa
And Grantor does hereby venagkiAllakAtc,,tsseized of the property, interests and
equipment described in fee simple,that it has the right to convey the same in fee simple,that the
items are free of all encumbrances and that the Grantor will warrant and defend the title to the
same against all persons whornsoelgkrz �p'
cc
IN WITNESSETH WHI !� ©u5 1400E8816111is Deed to be executed in its
Oftezex
its company name by its duly authorized officers the day and year first above written,asdlac
-1 y
n �. _ _r..1 4
L
PWSTAL r i a PERS,LLC
444
BY: ;i A ,ember/Mana:
era
5:,f' 0:t OWNERS
��Li
rs".
BY: ��
'gip 1.ftOpsre
gigq[j
a
U CO
a

gIZ
(l 1[J]© OINOFFXL
lJ �•,;Oo[&/ za Inst 324927 Book 2368Page: 1257
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This the ?j day of April,in the year 2006, 3dr SCc.nCie(SOn personally appeared before me,
who being duly sworn and . :onall ,..own to or I have seen sails.:«.ry evidence of above named person by
state or federal photograph identificati�,,, t A ys that he or she is duly authorized
officer of said company ,COASTAL DE"W, P- • r''• c'^ •�..' rso•-, signed the
foregoing or annexed instrument on b„A.443 4 7 and that I, S6e (�3 ( 0
acknowledged the said writing to be 3;; .�, •,.. ;; •'F�r.c i ,stated.
N•SHq'
�a c�,,^ /
ti �` A'. It '
:E 17 \ No :••Public
::C All 1; clef t C
s r. „set •9,r 1:i ` _ L IAL�E•• or typed Hama'
•
D O •' 9c<. Notary Pu•' .' (i
''s,0 G'' ;k `. [e `z r4,, remission Expires: y�/0-2449
�Y, c
r•.ynn,...!d� My Commi ��. •a .ices ;I� •'�,.,
l' .,
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK /�
This the 3 day of April,in the year 20 1 at =l°f n personally appeared before me,
who being duly sworn and personall Iu I ve s i,„vai r nt-„,3 evidence of above named person by
state or federal photograph identifica (- DVo says that he or she is duly authorized
offi f said corporation, CAPE SIDE PROPERT ERS ASSOCIATION, INC. and that
3 CAA$O'+ signed the foregoing or annexed instrument on behalf of said corporation,and
that I, 5(n•t:a ij rn q•;r,`, ,acknowledged the said writing to be the act and deed of said company
herein stated.
•
isz,%-u' .jir �.
S? r- e J I'Il = • ry Public,North . • sf 1rA'�"�"T LF'or typed name
County of Brunswick 1
O.• My Commission Expires April 10,2008 'Y Commission Expires: N-I°
TE OF NORTH CAROLINA M© amomcsai
��(C gp-
CO : :RUNSWICK V U" ��O
oapzQ
I, a Notary Public, do hereby c ' that
personally came before me this da wn by me and
acknowledge that she is the Clerk. . Town of Sun elf a NBrm�ar" olina municipality,and that by authority
duly given and as the act. • _ . ..;:i oregoing deed was signed in its name by its Mayor,sealed with its town
.... . • r• .y herself as its Clerk.o
WITNESS my band and official seal ticAp 1 . T lb 1�
Notary Printed of Typed Name
(Seal)
MyC:. commission expires:

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SOSID:0187072
x Date Filed:10/11/2013 10:17:00 AM
CD-479(50) Business Corporation Annual Report Elaine F.Marshall
12-6-11 North Carolina Secretary of State
2013 284 01153
Name of Business Corporation: WHITNEY BLAIR, INC.
Secretary of State ID: 0187072 State of Formation: NCAROLINAFiscal Year Ending: 12/31/2012
X❑ I hereby certify that an annual report completed in its entirety has been submitted and the information requested below(required by
NCGS 55-16-22)has not changed and is therefore complete.
Section A: Registered Agent's Information
1 Name of Registered Agent:
2 Signature of the New Registered Agent:
3 Registered Office Street Address&County 4 Registered Office Mailing Address
Section B: Principal Office Information
1 Description of Nature of Business:
2 Principal Office Phone Number: 3 Principal Office Email:
4 Principal Office Street Address&County 5 Principal Office Mailing Address
Section C: Officers(Enter additional Officers in Section E.)
Name: Name: Name:
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Address: Address: Address:
Section D: Certifi o-p o„' al - = • i Section D must be completed in its entirety by a person/business entity.
4-1 - N 9-//-J.3
i� (f, ust Si••=,.i, an officer of corporation) Date
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a Q-c- j a. -r.ci fir\ Pre•Sr den
Print or Type Name of Officer Title
NCCZ05t1 08/27112

Scott, Georgette
From: Cox, David
Sent: Thursday, October 31, 2013 4:14 PM
To: Ralph Eckley
Cc: [e-mail]; Scott, Georgette
Subject: RE: Capeside Storm water permit#SW8 930803
Mr. Eckley,
There has been no denial from this office as far the piping, it is allowable. My concern is the town owns the roads,the
residents are adding pipes, but this permit needs to be transferred.The HOA will have to accept the permit.This permit
is High Density with a bio retention area for stormwater treatment. Another concern is no one is maintaining the
system per the permit.The residents benefit from this system,the Town of Sunset Beach owns the roads and the permit
says it is allowable.With all that said,the piping is allowed but the HOA will have to take the stormwater permit and
maintain the system and maybe make some improvements because of the additional piping.
The reason it took so long to get back on this topic is because, I work under a New Division had to move Sorry for the
inconvenience.
David Cox
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Thursday, October 31, 2013 3:51 PM
To. Cox, David
Cc: [e-mail]
Subject: RE: Capeside Storm water permit # SW8 930803
Mr. Cox,
I worked with Randy Walters and received his approval of a plan I prepared (at his request)for the piping
project.This plan showing a plan view and a profile view meeting the specifications you found acceptable for
the Childress/Putnam piping project (see previous e-mails below). Upon his approval, Mr. Walters told me to
send my contractor to his office to pick up a permit, which would be issued upon request.
In the meantime, Mr. Carothers, a neighbor who is one lot up above the Glennon's lot asked my contractor if
he could get his ditch piped as well. His ditch is already piped from the Putnam lot to the upstream side of his
driveway culvert. My contractor referred Mr. Carothers to me and I drafted an e-mail for him to send to you, a
copy to Mr. Walters and an application to the POA for the architectural review committee.
My plan was approved in early August and I am still waiting for permission to proceed. My contractor said in
Sept. you and the town were to meet, Mr. Walters said last week he was still waiting on you. It is now
November and nothing is happening. What is the problem? I have done everything asked of me, which
included preparing a detailed plan. My ditch continues to be a problem, today a 15 lb. snapping turtle came up
out of the muck.
I would like to proceed with this project. Please advise how this can move forward.
Thank you,
Ralph Ecklcy
From: [e-mail]
To: [e-mail]
CC:[e-mail]; hokie [e-mail]
1

Subject: RE: Capeside Storm water permit#SW8 930803
Date: Tue, 9 Jul 2013 12:43:22+0000
Randy,
It is my understanding that the project was converted to high density because of the piping in the front section.This was
allowed for Mr. Childress. If Ralph is installing the French drain in the swale and then installing a shallower swale on top
then I think we get the same end result. However, if the swale is in the right of way,that is between the town,the
permittee and the HOA.
David Cox
From: Randy Walters [mailto:randywaltersOatmc.net]
Sent: Monday,July 08, 2013 6:04 PM
To: 'Ralph Eckley'; Cox, David
Cc: Scott, Georgette; 'Kevin/Pat Glennon'
Subject: RE: Capeside Storm water permit # SW8 930803
Mr. Cox,
Per Permit No.SW8 930803 Mod. (attachment) for Cape Side Subdivision, in reference to piping and filling in ditches or
any drainage feature requires permission from DWQ and also a modification in the permit which would be at the
request of the permit holder. Refer to Page 2 of 8,#5 and#6. Page 3 of 8,#1 and#4(f). Deed restriction
requirements on Page 5 of 8#16 (e)and 16(j). Page 6 of 8#2 and#3.
How do i proceed with the request to pipe ditches and fill them in? Am I reading the permit incorrectly? Please advise.
Thank you,
Randy Walters
Town of Sunset Beach
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Monday,July 08, 2013 2:00 PM
To: Cox, David
Cc: Scott, Georgette; Randy Walters; Kevin/Pat Glennon
Subject: RE: Capeside Storm water permit# SW8 930803
Mr. Cox,
Thank you very much for your quick response.The Town of Sunset Beach does own the right-of-way and did
own it when Mr. Childress contacted you. They told him and me previously that we needed to run this by your
agency for approval. While the Town owns the right-of-way,they have told the property owners they are
responsible for the ditches.
By copy of this e-mail to Mr. Walters, I am respectfully advising him of my intention to move forward with this
project following your guidelines.
Again thank you so much for your kind response in such a timely manner.
Best regards,
Ralph Eckley
2

`From: [e-mail]
To: hokie [e-mail]
CC:[e-mail]; [e-mail]
Subject: RE: Capeside Storm water permit#SW8 930803
Date: Mon, 8 Jul 2013 16:54:36+0000
Mr. Eckley,
Just make sure that the pipe is perforated and allows for infiltration, if the present permittee will allow it. I don't have
permission to allow someone to modify the system unless the permittee approves it.When Mr. Childress requested this
I think the permittee owned the roads. Now the roads are owned by the Town of Sunset Beach check with Randy
Walters because I believe the swale is in the right of way.
David Cox
From: Ralph Eckley [mailto:hokie reAhotmail.com]
Sent: Monday,July 08, 2013 12:36 PM
To: Cox, David
Cc: Kevin/Pat Glennon
Subject: FW: Capeside Storm water permit# SW8 930803
Mr. Cox,
I live at 1131 Sea Bourne Drive in the Cape Side subdivision mentioned below in previous e-mails between you
and Barry Childress. My neighbor, Kevin Glennon, who owns the property adjacent and upstream of my
property (1127 Sea Bourne Way), and I would like to install pipe in our ditch. Kevin would like to connect the
outlet of his driveway culvert tc my driveway culvert; I would like to continue the piping from my culvert to
the end of my property.
The ditch from his culvert through my property has become difficult to maintain and ponds water as a result
of silting from above, growth of weeds, and depth of the ditch. It is also becoming the habitat for frogs and
now appears as a destination for hungry water snakes.
We plan on using the same contractor who performed the work on Childress property and following the
guidelines you proposed below. There will be no hinderance to the overland flow from the street as we will
provide a swale over the piping to facilitate this drainage.
We would appreciate your approval of our project as we are ready to proceed.
Respectfully,
Ralph Eckley
910-579-1489 (H)
910-232-7970 (C)
From: [e-mail]
To: hokie [e-mail]
Subject: Fw: Capeside Storm water permit#SW8 930803
Date: Fri, 21 Jun 2013 08:19:44-0400
The following is some e-mail correspondence i had with David Cox from Storm Water Mgmt. in Wilmington. I
hope this helps.
Barry
Original Message----
From: Cox. David
To: Barry L. Childress
3

Cc: Scott. Georgette
Sent: Tuesday, May 17, 2011 9:06 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants. That is not
considered a violation of the permit as long as it allows the water from uphill to flow without impeding it. After looking
at your swale, if the installation is visible then it would be a good indicator that you may be impeding the flow to the
downhill treatment system. Just make sure that the French Drain is below the approved grade of the approved swale
and there shouldn't be any problems. David
From: Barry L. Childress [mailto:k9maggie(&atmc.net]
Sent: Monday, May 16, 2011 9:11 PM
To: Cox, David
Subject: Fw: Capeside Storm water permit # SW8 930803
Original Message
From: Barry L. Childress
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in February. We
discussed the permit for our neighborhood and possible solutions to the problem I have with erosion. The
original swales have become ditches. You determined we couldn't put solid piping in like the rest of the
neighborhood. I contacted several contractors who suggested a French drain and resodding the area. When I
called you back, you said that would be okay if you didn't "see" any violations. Could you put that in writing for
me and my neighbors. I have talked to Randy Walters at the Town of Sunset Beach today who said if you
approved then it would be okay with him if an inspection was requested by someone? He also said that it
looked to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. I just want to have my yard put in it's original
condition, without eroding ditches. The contractor's I contacted said the French drain would slow storm water
more than the ditches are now and would also return the swale without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that will not be in
compliance with everyone concerned. The town says it's up to you and the neighborhood association has
approved providing you approve. I have contractors waiting to go ahead with the French drain idea and
resodding over it. If you have other ideas for my problem, please let me know. Please respond as soon as
possible. My phone#is [phone] at home and cell is [phone].
Thanks,
Barry L. Childress
Original Message
I From: Barry L. Childress
To: Cox. David
Sent:Wednesday, February 02, 2011 1:05 PM
Subject: Re: Capeside Storm water permit#SW8 930803
4

Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
Original Message
From: Cox. David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress fmailto:k9maggie(@atmc.net]
Sent: Saturday, January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8 930803
David,
Why don't you set the time. I may be busy on Tuesday but that's it for this
coming week.Just let me know.
Barry
----Original Message----
From: Cox, David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
Subject: FW: Capeside Storm water permit#SW8 930803
Barry did we ever confirm a meeting time?Got a new computer so not
sure if we ever confirmed.
From: Barry L. Childress [mailto:[e-mail]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit# SW8 930803
No problem David. Hope you feel better soon. Merry
Christmas and call me after the holidays.
Barry
Original Message
From: Cox, David
To: Barry L. Childress
Cc: Scott, Georgette
Sent: Friday, December 17, 2010 10:14 AM
Subject: RE: Capeside Storm water permit#SW8
930803
Barry,
I have been out of the office all week due a respiratory
infection. I have pulled the file and intend on
investigating this situation. Please allow me time to get
caught up and we can schedule an appointment after
the new year.
I David
5

From: Barry L. Childress [mailto:k9magoieCalatmc.net]
Sent:Tuesday, December 14, 2010 4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit# SW8 930803
Mr. Cox
I am writing to request information about the
above permit for our subdivision. The
problem we are having is primarily
contained to one side of our street and it is
the concern of 6-8 homeowners. The situation
is that our swales for drainage have now
become ditches. This has become a problem
and we do not know how to proceed. If the
permit has been amended previously, can it
be amended again to allow piping for the
remaining 6-8 homeowners?If not, what can
we do to prevent the buildup of silt that
keeps the storm water from flowing?Digging
the ditches out seems temporary, at best and
d
just makes the ditches that much deeper.
As per my previous phone call, I would
appreciate any help in this matter that you
can provide.
Thank you for your assistance.
Barry L. Childress
1111 Sea Bourne Way
Sunset Beach, N.C. 28468
[phone]
6

Cox, David
From: Cox, David
Sent: Tuesday, July 09, 2013 9:50 AM
To: 'Ralph Eckley'
Cc: Randy Walters; Scott, Georgette
Subject: RE: Capeside Storm water permit#SW8 930803
Ralph,
In addition,can you provide the up to date POA president and POA address? I will need to transfer this permit to the
HOA.This project is over 50%built out and if the permittee is ready to transfer the permit then I have to accommodate
that.
Thank you,
David Cox
From: Ralph Eckley [mailto:[e-mail]]
Sent: Tuesday,July 09, 2013 9:07 AM
To: Cox, David
Cc: Randy Walters; Scott, Georgette
Subject: Re: Capeside Storm water permit # SW8 930803
Mr. Cox,
I submitted an ARC request to our POA for this project,to follow the design parameters you suggested to Mr.
Childress. This request was approved. I can provide a copy if needed.
Thanks for your help,
Ralph Eckley
Sent from my iPhone
On Jul 9,2013, at 8:43 AM, "Cox, David" <[e-mail]>wrote:
Randy,
It is my understanding that the project was converted to high density because of the piping in the front
section.This was allowed for Mr. Childress. If Ralph is installing the French drain in the swale and then
installing a shallower swale on top then I think we get the same end result. However, if the swale is in
the right of way,that is between the town,the permittee and the HOA.
David Cox
From: Randy Walters [mailto:randywaltersOatmc.net]
Sent: Monday, July 08, 2013 6:04 PM
1

To: 'Ralph Eckley'; Cox, David
Cc: Scott, Georgette; 'Kevin/Pat Glennon'
Subject: RE: Capeside Storm water permit # SW8 930803
Mr.Cox,
Per Permit No.SW8 930803 Mod. (attachment)for Cape Side Subdivision,in reference to piping and
filling in ditches or any drainage feature requires permission from DWQ and also a modification in the
permit which would be at the request of the permit holder. Refer to Page 2 of 8,#5 and#6. Page 3 of
8,#1 and#4(f). Deed restriction requirements on Page 5 of 8#16(e)and 16(j). Page 6 of 8#2 and#
3.
How do I proceed with the request to pipe ditches and fill them in? Am I reading the permit
incorrectly? Please advise.
Thank you,
Randy Walters
Town of Sunset Beach
From: Ralph Eckley [mailto:hokie reCa�hotmail.com]
Sent: Monday, July 08, 2013 2:00 PM
To: Cox, David
Cc: Scott, Georgette; Randy Walters; Kevin/Pat Glennon
Subject: RE: Capeside Storm water permit # SW8 930803
Mr. Cox,
Thank you very much for your quick response. The Town of Sunset Beach does own the right-of-
way and did own it when Mr. Childress contacted you.They told him and me previously that we
needed to run this by your agency for approval. While the Town owns the right-of-way, they
have told the property owners they are responsible for the ditches.
By copy of this e-mail to Mr. Walters, i am respectfully advising him of my intention to move
forward with this project following your guidelines.
Again thank you so much for your kind response in such a timely manner.
Best regards,
2

Ralph Eckley
From:david.w.cox(alncdenr.gov
To: hokie [e-mail]
CC:[e-mail]; [e-mail]
Subject: RE: Capeside Storm water permit#SW8 930803
Date: Mon, 8 Jul 2013 16:54:36+0000
Mr. Eckley,
Just make sure that the pipe is perforated and allows for infiltration,if the present permittee will allow
it. I don't have permission to allow someone to modify the system unless the permittee approves it.
When Mr.Childress requested this I think the permittee owned the roads. Now the roads are owned by
the Town of Sunset Beach check with Randy Walters because I believe the swale is in the right of way.
David Cox
From: Ralph Eckley [mailto:hokie [e-mail]]
Sent: Monday,July 08, 2013 12:36 PM
To: Cox, David
Cc: Kevin/Pat Glennon
Subject: FW: Capeside Storm water permit # SW8 930803
Mr. Cox,
I live at 1131 Sea Bourne Drive in the Cape Side subdivision mentioned below in previous e-
mails between you and Barry Childress. My neighbor, Kevin Glennon,who owns the property
adjacent and upstream of my property (1127 Sea Bourne Way), and I would like to install pipe
in our ditch. Kevin would like to connect the outlet of his driveway culvert to my driveway
culvert; I would like to continue the piping from my culvert to the end of my property.
The ditch from his culvert through my property has become difficult to maintain and ponds
water as a result of silting from above, growth of weeds, and depth of the ditch. It is also
becoming the habitat for frogs and now appears as a destination for hungry water snakes.
We plan on using the same contractor who performed the work on Childress property and
following the guidelines you proposed below. There will be no hinderance to the overland flow
from the street as we will provide a swale over the piping to facilitate this drainage.
We would appreciate your approval of our project as we are ready to proceed.
Respectfully,
Ralph Eckley
910-579-1489 (H)
3

910-232-7970 (C)
From: [e-mail]
To: hokie [e-mail]
Subject: Fw: Capeside Storm water permit#SW8 930803
Date: Fri, 21 Jun 2013 08:19:44-0400
The following is some e-mail correspondence I had with David Cox from Storm Water Mgmt. in
Wilmington. I hope this helps.
Barry
Original Message
From: Cox. David
To: Barry L. Childress
Cc: Scott. Georgette
Sent: Tuesday. May 17. 2011 9:06 AM
Subject: RE: Capeside Storm water permit#SW8 930803
Barry,
If you install the French drain and put the swale on top it is essentially a rain garden without the plants.
That is not considered a violation of the permit as long as it allows the water from uphill to flow without
impeding it. After looking at your swale, if the installation is visible then it would be a good indicator
that you may be impeding the flow to the downhill treatment system. Just make sure that the French
Drain is below the approved grade of the approved swale and there shouldn't be any problems. David
From: Barry L. Childress [mailto:k9maggieCa�atmc.net]
Sent: Monday, May 16, 2011 9:11 PM
To: Cox, David
Subject: Fw: Capeside Storm water permit # SWR 93f1Rrn
4

t ----Original Message
From: Barry L. Childress
To: Barry L. Childress
Sent: Monday, May 16, 2011 9:09 PM
Subject: Re: Capeside Storm water permit#SW8 930803
David,
I called you today to see if you remember our phone conversation after meeting with me in
February. We discussed the permit for our neighborhood and possible solutions to the problem
I have with erosion.The original swales have become ditches. You determined we couldn't put
solid piping in like the rest of the neighborhood. I contacted several contractors who suggested
a French drain and resodding the area.When I called you back,you said that would be okay if
you didn't "see" any violations. Could you put that in writing for me and my neighbors. I have
talked to Randy Walters at the Town of Sunset Beach today who said if you approved then it
would be okay with him if an inspection was requested by someone? He also said that it looked
to him like the permit holder was responsible to maintain the swales in their original condition.
My problem is I don't want to make trouble for anyone else. I just want to have my yard put in
it's original condition,without eroding ditches. The contractor's I contacted said the French
drain would slow storm water more than the ditches are now and would also return the swale
without eroding.
I'm sorry to bother you with this again but I need your approval before spending money that
will not be in compliance with everyone concerned.The town says it's up to you and the
neighborhood association has approved providing you approve. I have contractors waiting to go
ahead with the French drain idea and resodding over it. If you have other ideas for my problem,
please let me know. Please respond as soon as possible. My phone It is [phone] at home
and cell is [phone].
Thanks,
Barry L. Childress
Original Message
From: Barry L Childress
To: Cox. David
Sent:Wednesday, February 02, 2011 1:05 PM
5

Subject: Re: Capeside Storm water permit#SW8 930803
Wed. 2/9/11 at 1:00 sounds good to me.
Thanks
-----Original Message From: Cox. David
To: Barry L. Childress
Sent: Monday, January 31, 2011 9:18 AM
Subject: RE: Capeside Storm water permit#SW8 930803
02/09/2011 @ 1:00 work for you.
From: Barry L. Childress [mailto:k9maggieOatmc.net]
Sent: Saturday,January 29, 2011 3:58 PM
To: Cox, David
Subject: Re: Capeside Storm water permit# SW8 930803
David,
Why don't you set the time. I may be busy on Tuesday but that's it
for this coming week.Just let me know.
Barry
----Original Message
From: Cox. David
To: Barry L. Childress
Sent: Thursday, January 27, 2011 11:14 AM
Subject: Fv"v: Capeside Storm water pef fllit a S N8
930803
6

•
Barry did we ever confirm a meeting time?Got a new
computer so not sure if we ever confirmed.
From: Barry L. Childress [mailto:k9maogieaatmc.net]
Sent: Friday, December 17, 2010 10:21 AM
To: Cox, David
Subject: Re: Capeside Storm water permit # SW8
930803
No problem David. Hope you feel better
soon. Merry Christmas and call me after the
holidays.
Barry
Original Message
From: Cox. David
To: Barry L. Childress
Cc: Scott. Georgette
Sent: Friday, December 17, 2010 10:14
AM
Subject: RE: Capeside Storm water
permit#SW8 930803
Barry,
I have been out of the office all week
due a respiratory infection. I have
pulled the file and intend on
investigating this situation. Please
allow me time to get caught up and we
can schedule an appointment after the
new year.
David
7

From: Barry L. Childress
[mai lto:k9maog ieeatmc.net]
Sent:Tuesday, December 14, 2010
4:45 PM
To: Cox, David
Cc: Scott, Georgette
Subject: Capeside Storm water permit
# SW8 930803
Mr. Cox
I am writing to request
information about the above
permit for our subdivision. The
problem we are having is
primarily contained to one side
of our street and it is the
concern of 6-8 homeowners.
The situation is that our swales
for drainage have now become
ditches.This has become a
problem and we do not know
how to proceed. If the permit
has been amended previously,
can it be amended again to
allow piping for the remaining
6-8 homeowners?If not, what
can we do to prevent the
buildup of silt that keeps the
storm water from flowing?
Digging the ditches out seems
temporary, at best and just
makes the ditches that much
deeper.
As per my previous phone call, I
would appreciate any help in
this matter that you can provide.
Thank you for your assistance.
Barry L. Childress
1111 Sea Bourne Way
Sunset Beach,N.C. 28468
[phone]
8

Cox, David
From: Cox, David
Sent: Thursday, June 27, 2013 7:38 AM
To: 'Randy Walters'
Cc: Scott, Georgette
Subject: RE: Capeside
Thanks Randy.That is what I have been trying to clarify. Do you all just maintain the roads?
From: Randy Walters [mailto:randywaltersCa�atmc.net]
Sent: Wednesday, June 26, 2013 3:45 PM
To: Cox, David; 'Doug Talbot'
Cc: Scott, Georgette
Subject: RE: Capeside
Mr. Cox,
The Town is not interested in being the permittee. We were inquiring about the status of the permit as a request by Mr.
Talbot who(he or someone he represents)is interested in purchasing the remaining undeveloped lots in Cape Side
Subdivision and finish building out the subdivision. As my responsibility to that request based on my knowledge that
there are lots that exceed the allowed 4300 sq.ft.of BUA (including driveways to the curb of the street)was to inquire
to your office if there was any violation with the Impervious(BUA). Per your e-mail on 6/13/13 you indicated that all
pervious violations have been cleared up. Therefore I have done my due diligence and the permit transfer will not
involve the Town.
Thank you,
Randy Walters
From: Cox, David [mailto:david.w.coxOncdenr.gov]
Sent: Wednesday,June 26, 2013 11:18 AM
To: Doug Talbot
Cc: Scott, Georgette; randywalters@)atmc.net
Subject: Capeside
Doug,
Upon further review, it has been determined that the permit is still in Whitney Blair, Inc:s name and they are valid the
permit holder. All previous violations have been cleared up.(see attachment) This office will notify the permittee of
record that this project is ready for transfer. In addition,when I contact the permittee Mr.Sanderson should be able to
clarify if the town or the HOA will be the future permittee.
David Cox
Environmental Senior Specialist
1

Jun 19 13 01:43p Ralph Eckley 910-579-1489 p.2
RECFT'
Architectural Request Form JUN 2 0 2013
NOM of Community. Cape Side BY: _--
Name: Ralph Eckley and Kevin Glennon Date Form srrbrnerect June 19,2013
address: 1131 and 1127 Sea Boume Way
Home Phone: [phone] work phone: [phone](C) tea, hokie re(hotmail_cam
Estimated Start Date: July 15, 2013 Estimated Completion i July 22, 2013
Time of Chancres:
❑ Fence U Deck ❑ Covered Porch 0 Utility Building
0 Patio 11 Pool El Garage 0 Home Addition
0 Exterior Color Change ❑ Play Equipment 0 Roofing ❑ Landscaping
(' other Install pipe in roadside ditch from outfall of Glennon's culvert to my southern property line.
Location: Front of our houses, within right-of-way of Sea Bourne Way
Size: 15"corrugated PE to my culvert,18"corrugated PE from my culvert to my southern property fine_
Color Sod to be installed over piping.
Materials: PE Pipe.two drop inlets,fill material,stone,and sod.Specs to comply with DNR requirements.
Contractor Name: Coastal Irrigation and l.andscapir:z,
INSTRUCTIONS: Please mad and follow carefully.
Attach a written description of the scope of the proposed changes including the general nature of the work,location
of the changes,colors and materials to be used plus any plans,drawings,photos or brochures necessary to illustrate
the dimension,size and appearance Please be sure to include details of any landscaping changes or removals which
may be necessary to accomplish the changes proposed.
Attach a property sr►rvevwith the location of the proposed changes dearly marked on the survey. This item MUST
be included so that there is a clear understanding of precisely where the changes will occur in relation to the home,
driveway,other structures and any easements or rights of way which may exist on the property.
For small requests: please assembled electronically into a single email with preferably a single PDF attachment
Please include your Community's Nantes your Last Name and our Property Address in the subject line.
Mail,Email or Fax request <<Your Community's Name» •
and supporting P.O.Box 12051 Fax: [phone]
documentation to: Wilmington,NC 28405 Email:ARC@PrernterfilanagemerdNacom
IMPORTANT: Please allow up to 3-4 weeks for the community to complete the review and response process. Requests
which do not include the items described above will delay the process.The review and response is based on The community's
governing documents and the information submitted with this request The property owner is responsible for investigating
and complying with any and all other local requirements,permits or jurisdictions the property is subject to.
Committee Use Only
Approved ❑ Denied
Commends;
gartua,e, sk a/A,p'
(Name of Committee Member) (Sigma of Comm' Member) (pate)

Jun 19 13 ::45r, Ralph Eckley 910-579-1489 p.2
RECFT7 '
Architectural Request Form JUN 2 Q 2013
Name of Community: Cape Side BY: —_-
Name: Ralph EcIdey and Kevin Glennon oare Finn Submitted: June 19, 2013
Address: 1131 and 1127 Sea Bourne Way
Home Phone: [phone] work phone: [phone](C) ii_ [e-mail]
Estimated Start Date: July 15, 2013 Estimated Completion t7ate July 22, 2013
TWO of Chances:
O Fence ❑ Deck ❑ Covered Porch ❑ Utility Building
❑ Pao ❑ Pool 0 Garage 0 Home Addition
❑ Exterior Color Change ❑ Play Equipment 0 Roofing ❑ Landscaping
p Other: Install pipe in roadside ditch from outfall of Glennon's culvert to my southern property line.
Location: Front of our houses, within right-of-way of Sea Bourne Way
Size: 15"corrugated PE to my culvert, 18"corrugated PE from my culvert to my southern property fine.
Color Sod to be installed over piping.
Materials: PE Pipe.two drop inlets,al materlal,stone,and sod.Specs to comply with DNR requirements.
Contractor Nana: Coastal Irrigation and Landscaping
INSTRUCTIONS: Please read and follow carefully`
• Attach a written description of the scope of the proposed changes including the general nature of the work,location
of the changes,colors and materials to be used plus any plans,drawings,photos or brochures necessary to illustrate
the dimension,size and appearance.Please be sure to include details of any landscaping changes or removals which
may be necessary to accomplish the changes proposed.
Attach a property survey with the location of the proposed changes dearly marked on the survey. This item MUST
be included so that there is a dear understanding of precisely where the changes will occur in relation to the home,
driveway,other structures and any easements or rights of way which may exist on the property.
For email requests: please assembled electronically into a single entail with preferably a single PDF attachment
Please include your Community's Name,your Last Name and your PropertyAddress in the subject line.
Mail,Email or Fax request <<Your Community's Name» 50U -
and supporting P.O.Box 12051 Fax: [phone]
documentation to: Wilmington,NC 28405 Email:ARCC13emiertManagemerstllC.c rr
IMPORTANT: Please allow up to 3 4 weeks for the community to complete the reviewand response process. Requests
which do not include the items described above will delay the process.The review and response is based on the community's
governing documents and the information submitted with this request The property owner Is responsible for investigating
and complying with any and all other local requirements,permits orjurisdictions the property is subject to.
Committee Use Only
Approved ❑ Denied
Comments:
•
- ct 1Sut nskt=ag1-T ' ,`� �o ,/A3
(Name of Committee Member)
(Sigma Of commit Member) (Date)