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HomeMy WebLinkAboutSW8060609_HISTORICAL FILE_20140811STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 U �q oy U ::) DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 O1`A U % 1 � YYYYMMDD A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor—. ___ August 11, 2014 Mr. Jim A. Taylor, President The Peninsula at Ocean Isle Beach Property Owner's Association c/o Beach Management PO Box 6569 Ocean Isle Beach, NC 28469 Subject: Stormwater Permit No. SW8 060609 Name / Ownership Change AND Approved Plan Revision The Peninsula at Ocean Isle Beach High Density Subdivision Project Brunswick County Dear Mr. Taylor: John E. Skvada, III Secretary 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). Please note that the updated pages to the permit will now reference DEMLR as the Division responsible for issuance of the permit. Name/Ownership Change On June 27, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from The Peninsula at Ocean Isle Beach, LLC for the subject project. A file review and site inspection was performed on May 9, 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. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, and a copy of the recorded deed restrictions, covenants or easements. 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 060609 has been transferred on August 11, 2014 and to remind you that this permit shall be effective until July 17, 2020. For your records, please find enclosed a copy of the transferred, revised and re -issued permit; a copy of the inspection report; and a copy of the Name/Ownership Change form submitted on June 27, 2014. Plan Revision On July 17, 2014, the Division of Energy, Mineral and Land Resources (DEMLR) received a request to revise the approved plans for Stormwater Management Permit Number SW8 060609. The revisions include the rotation of lots 2 and 3 so that the lots will now face the Peninsula access road. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please add the attached plans to the previously approved plan set. If you do not have the previously approved plan set and would like a copy, please notify the Division to arrange for a copy to be made at your expense. This permit is subject to the conditions and limitations as specified in the previously 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. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 Permit # SW8 660609 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, orvia-telephoneat 919-431=3000;-orvisit their website-atwww.NCOAH:com:-- - - - - Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Christine Nelson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sinc rely, 077mTracy Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/can: \\\Stormwater\Permits & Projects\2006\060609 HD\2014 08 permit 060609 Enclosures cc: James Myers III, The Peninsula at Ocean Isle Beach, LLC, previous permittee Wilmington Regional Office Stormwater File Page 2 of 10 State Stormwater Management Permit # SW8 060609 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO The Peninsula at Ocean Isle Beach Property Owners Association The Peninsula at Ocean Isle Beach 3r'f St., Ocean Isle Beach - Brunswick County FOR THE construction, operation and maintenance of an underground storage basin and infiltration trench in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division and considered a part of this permit. This permit shall be effective from the date of issuance until July 17, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 1.6 on page 3 of this permit. The subdivision is permitted for 24 lots, each allowed 3,000 square feet of built -upon area. The system must be operated with a 50' vegetated filter. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 5. All stormwater collection and treatment 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 3 of 10 State Stormwater Management Permit # SW8 060609 6. The following design elements have been permitted for this infiltration trench stormwater facility, and must be provided in the system at all times. Units Infiltration Trench. Drainage Area Onsite Offsite Acres ft2 ft2 4.5 199,018 0 Total Impervious Surfaces Lot BUA at 3,000 ft2/lot Roads/Parking Other Offsite ft2 92,055 72,000 13,640 6,415 0 Design Storm inches 1.5 Trench Dimensions, L x W x H feet 125x25x0.8 Perforated Pipe Diameter/Length feet 0.5/750 Season High Water Table FMSL 7.67 Bottom Elevation FMSL 9.70 Permitted Storage Volume ft 1,000 Expected Infiltration Rate in/hr 3.8 Type of Soil Newhan Sand Receiving Stream Intercoastal Waterway River Basin Lumber Stream Index Number 15-25 Classification of Water Body "SA;HQW" The following design elements have been provided for the underground storage chamber and pump system stormwater facility, and must be provided in the system at all times. Units Underground System Number of chambers 2 Chamber dimensions (LxW xH) feet 56x16 x8 Permitted Storage Volume 2ft 7,168 Design Storm inches 1.5 Bottom Elevation FMSL -4.0 Bypass/Storage Elevation feet 5.0 Type of Pump Tsurumi 1-132-400, /2 H P Operating Point 22 GPM 20 ft TDH Drawdown Time days 3.38 + 24hr lag 2 8ft wide chambers side by side, — design criteria for each chamber 3 — Because the storage chambers are partially below sea level, a watertight seal must be maintained on the storage chambers to minimize seepage. Page 4 of 10 State Stormwater Management Permit # SW8 060609 II. SCHEDULE OF COMPLIANCE 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 management 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. 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. 4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. 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. 5. 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. 6. 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 property 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. The Director may determine that other revisions to the project should require a modification to the permit. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed 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. Page 5 of 10 State Stormwater Management Permit # SW8 060609 9. 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 entirety 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 slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. Prior transfer of the permit, the stormwater facilities will be inspected by Division personnel. The facility 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. 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. 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 060609, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is 3,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction, in their allowable built -upon area due to CAMA regulations. Page 6 of 10 State Stormwater Management Permit # SW8 060609 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. Built -upon area in excess of the permitted amount will require a permit modification. 14. 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. 15. This 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. 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 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 of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Energy, Mineral and Land Resources accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with the Division. 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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. 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) that have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, 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. 6. 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. 7. Permittee grants permission to staff of the Division to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Page 7 of 10 State Stormwater Management Permit # SW8 060609 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit transferred, revised and re -issued this the 11th day of August 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 7�Tracy Dav , P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 8 of 10 State Stormwater Management Permit # SW8 060609 The Peninsula at Ocean Isle Beach Page 1 of 2 Stormwater Permit No. SW8 060609 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (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 are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Permit # SW8 060609 Certification Requirements: Page 2 of 2 1. 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. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 1. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office Brunswick County Building Inspections Page 10 of 10 DEMLR USE ONLY R Date Received Fee Paid (express only) Permit Number h - � 2 -ice -�r-- _::3w�z<—e - State of North Carolina Department of Environment and Natural Resources �CE��� Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT PLAN REVISION APPL AM4I7O 4 This form may be photocopied for use as an original BY..- 1. GENERAL INFORMATION 1. Stormwater Management Pqrjnit Number: SW �b 6 2. Project Name: 3. ermit Ifoldei s (specify the name of 4. Print Owner/Signing Officc-Wls,ttant end title 5. Mailing Address for person listed in item 2 above. etc.): responsible for permit): .V 1 City:C_ C�\yy -i-S� SLn1� Stater C C zip: Z Phone: FAX 0 b� -�A O Fax: Z(3 6 --2- Email: II. PLAN REVISION INFORMATION the plan revision roposed (attach additional pages if needed): t -i I r 11 p m t r.lr rl it . Z . — \ '� ci 1�.0 P III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the DEMLR Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. itials • Original & 1 copy of the Plan Revision Application Form • Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) If applying for Express review (only available in 20 coastal counties): • Application fee of $500.00 (made payable to NCDENR) VI. APPLICANT'S CERTIFICATION \ I, (print or hype name of person listed in General Infonnation, item certify that I have authorized these plan revisions and that the information included on is plan revision application is to the f my knowledge, cor nd complete. Signature: Date: \ Plan Revision Form Rev. Oct. 31.2013 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 1. Stormwater Management Permit Number: SW a 0400 409 2.ProjectName: /NE %�Ew.rn.SuW aT odcmk. 1S�.a L�EAcH 3. Current Permit Holder's 4. Signing Official's Name: 5. Mailing Address ?. o. Company Name/Organization �v'z Oo Ear.. .Ja &, e.S 43. [3EACH, « My sRS IlCTitle: M E�/N�/-i .yN66.L, C6 o x 14/0 .36 1 City: (--: Ha �Zto�T� 6. Phone: ( 7oW) -66V/ Z/5 rt�5 Fax: ( State: tiG Zip: 282-2-4/ II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) [?<ame 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:7Ha Petyx --sL& Ea ITT O &CAA X4i 6 DER c..ti pi2up_2.1n.� Ow NERe' .sS vCyATl'o.v 2. Proposed permittee's signing official's name: �s.� �` • ETA . c e R 3. Proposed permittee's 4. Mailing Address: Y �.2�SrvEti%' ♦7C.FI ti.LAAJA City: DeBAN :Z:SA . Z,6541cH State: tiG Zip: 2ZBA/69 Phone: 9io A/09• to 2.2,0 Fax: ( 9/0) d 75 —So co za 5. New Project Name to be placed on permit:ENE 2s�.- L3eAc.H P��lepse check the appropriate box. The proposed permitted listed above is: L-I"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) ECEI V E JUN 2 7 20% SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: IUL 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 sighed by both. Ehe 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. 5. 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 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/hedits 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. [Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, 4-S M t as TIC the current permittee, am submitting this application for a transfer of ownershi p for permit # sw 8 otoo6pCl . 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 rec r�IX , covenants, or easements, the DWQ approved plans and/or approved as- It plans, e p d operation and maintenance agreement, past maintenance records, and t mcisi stormwater inspection report to the proposed permittee named in Section I an f th4f1 fbr I further attest that this application for a name/ownership change is accura nd complete to t best of my knowledge. I understand that if all required parts of this application Tat-eetpleted-eFif 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. A A / Signature: 261JV .--'f ¢ a Notary Public for the State of County of do hereby certify that J w-�.c5 Ci. tit,..lEa.S EEC personally appeared before me this the 21.'~ day of J tic 2014 , and acknowledge the due execution of the forgoing instrument. Witness my an/ and official seal, (Notary Seal) :NOTARY da R. Tate Notary Signature PUBLIC Bruswunty, North Carolina MyCommiExpiresA LT. 2� SSW N/O Change Rev24Sept2012 Page 2 of 4 r 1 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) p hereby notify the 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) I the most recent permit LJ 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 from the previous permittee (where required) L_-]'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 not completed or if all required supporting information and attachments listed above are not included, this applicatiorTpackage will be returned as incomplete. -2 o \ a Notary Public for the State of /v0727f4 0_,a,iZo A.rtioa County of , do hereby certify that A .--lAy�v7e. personally appeared before me this the day of�E 20/4/ , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, tXDa,A_d, � lQ��. =!0TAFRYPUBLICo Notary Signature C Carolina2120 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 44r4teF-@rrR . fin-^'��^� + �C3 o•-r.-.� �Df Mvrc-� 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 / developer and the property owner will appear on the permit as permittees. ECEUVE JUN 2 7 2014 l SSW N/O Change Rev24Sept2012 Page 3 of 4 BY: �- I � - _, , .. i - �> � .. s f � 1 t , ' � � I _ � ' VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 1l 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: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 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 permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the proper 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 appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature ECEIVE JUN 2 7 2014 a BY: SSW N/O Change Rev24Sept2012 Page 4 of 4 i � � �•-f• Y'r _T IV Pies@ r . Ret: Goo Rav �Ck#�� ,may � Int. Cash$ Refund: ___ C2sh $ 0Pbft Shcdtxa,,., illepL18Cu6 (p CrAdi6oPa11Ce blotiplgt � DoARhL»N tb14>fi5 5�s Verlfed hp mfghlBl rns6otH�ilt IIti: 03na0t be BPMUMdorcoplect Excise Tax: $D0 b This instrument was prepared Lil s and G�ttomeys at Law, 6406 Beach Drive SW, Ocean Isle ach, N 44669 - Prepar ut examination or certification of title. Brief description for the Index: Parcel No. 243MA03508, 243MA03509 & 243MA03510 Genol Warranty Deed STATE OF NORTH CAROLINA� COUNTY OF BRUNSWICK THIS DEED made this 15 day of January, 2010 by and between The Peninsula at Ocean Isle Beach, LLC, a North Carolina Limited Liability Company, GRANTOR and The Pe sula at Ocean Isle Beach Property Owner;s Association, Inc., a North Carla Corporation, GRANTEE whose address is P. O. Box 6569, Ocean Isle Beacl10C 28469. �9�Q 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 that certain lot, tract or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows: �Q See Attached Exhibit pub Q TO HAVE AND TO H�the afor �d lot, tract or p�" of land and all privileges and appurtenanc thereto belon to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is C� rJUN 27 ?.ONt I Parcel 1: Being all of that certain parcel o nd designat Open Space" and containing 18237.9 SQ. FT., .42 Acres oc ° survmsantitled The Peninsula at Ocean Isle Beach, LLC lots 1-24" formed byis &Ward, L�uveyors, and recorded in the Brunswick County, North Carolina Offi&of the Register of Deeds in Plat Book 35 at page 525 reference to which is hereby made for more certainty of description. Parcel 2: Being all of that certain parcel of I designated as "Open Space System With Pedestrian Walkway" and contaig 10326.1 .24 Acres on a survey entitled: "Final Map of The Peninsula 90cean I§Je Beach, �4 performed by Norris & Ward, Land Surveyors, and #orded in th nswick County, �orth Carolina Office of the Register of Deeds in Plat Book 35 at page reference to which is hereby made for more certainty of description. Parcel 3: Being all of that certain parcel of I designated as "Open Space System With Pedestrian Walkwav" and contai g 6522.0 Sl��j 15 Acres on a survey entitled: "Final Map of The Peninsula a�cean 14 Beach, 6 }�74" performed by Norris & Ward, Land Surveyors, and r*orded in t `$'Bunswick Coun srth Carolina Office of the Register of Deeds in Plat Book 35 at page reference to which is hereby made for more certainty of description. o 10O 0 inc exc.epuuns neremarter states. i me to me property neremabove described is subject to the following exceptionsjil-he provisions of all applicable zoning and land use ordinances, statutes and re tions; 2010 ad valorem taxes; all applicable restrictive covenants and utili asements . V:�QZo'/� The designation Groor and Gra as used herein Aall include said parties, their heirs, successors and assigns, and sha ftriclude singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. at Ocean Isle Beach, LLC urmelf B. MI Member / State of North Carolina Q 1 IV County of b tu�jW ((9aQ �pR4 I, the undersigned Notary PdB�lic of the Cournd state aforesaid, certify that James B. Myers. 111 personally came before me this day and acknowledged that he is the Member / Mang eer of The Peninsula at Ocean Isle Beach LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, they signed thp-:' foregoing instrument in its name on its behalf as its act and deed. O° Witness my hand and No star seal, this _ day of Janu 2010. �138ryd ice, ro � � • b y � 4� 0a a My commission Expires: Juu V );; Cg WC2Z1:1?Z0a (/�'I�r�IIINIiB�'�JIIII lllill llllllilllIII a3z E90pp3 �L%'" arunLYii'Nt'rGtluOty, NC Register of 0uds P.Q. 3 of 15 4 shall be exercised as such persons mutually determine, but in no event shall more than one vote be cast with respect toany such Lot. ARTICLE III, �� Property Rights in tlre�� on eas w 0 L� Lr�-- nn'' e�sxicvt»s�a tz9n�7oo/rG�,�„ .. Section 1. Members Easements of Enjoyment. � "blect to the provisions of Section 3 of this Article, every Member shall have a non-exclusive right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot. Section 2. Title to Conuhdny4reas. 'fhe, Devflop, hereby covenants for itself, its successors and assigns, that on or before:,�efY��d12.mdnths from the date the last lot in The Peninsula at Ocean Isle Beach is�c,`onVeyed _to an Owner�,itLv_rill convey to the Association, by limited warranty deed, title to tho-Comrnr i4rtas;,eabject to all encumbrances of record and to the following covenant, which shall be deemed to nun will Ae land and shall be binding upon the Association, its successors and assigns. In order to preserve and enhance the property values and amenities of the community, the Common Areas and all facilitiestaow or hereafter built or installed thereon shall at all times be maintained in good repair and condrhor rid shall-be�gp���in=accordance with high standards. The maintenance and repair of the Commo�q ��A I include, but not be limited to, the repair of damage to pavements, roadw9yvs,,,welkivdy�sriroutdooi'�fi�itiFitg, buildings, if any, recreational equipment, if any, fences, storm drams and'�suettrervand water lines, connections and appurtenances. This Section shall not be amended so as to eliminate or substantially impair the obligation for the maintenance and repair of the Common Areas. N Section 3. Extent of Members Eas eW.STh"'gbh and easements created hereby shall be subject to the following: „ r, U rf (a) The right of the Developer, and of the Asssociaton, to dedicate, transfer or convey all or any part of the Common Areas, with or without consideration to any successor association, governmental body, district, agency or authority, or to any utility company, provided that no such dedication, transfer or conveyance shall adversely affect ythe use of the Common Areas by the Members of the Association; t r� p (b) The right of the Dever' Qd of the Association to grant and reserve easements and right-of-way ut9ite:tt ;over and across any areas necessary, for the installation, maintenance and ins tiiof�{ines and pec appurtenances for public or private water, sewer, drainage, fuel oil and other utilities and services, including a cable (CATV) or community antenna television system and irrigation or lawn -- U1I �L� _ gn- �aor���Nn M NgL6GZ"PN 'Id111�I�1llllllllllllllllllllllll a2s32 Pa45t a°-2r-2f°r acunsw4,Count Robert J. Robinson 49.11] - y. NC Register of Deeds page 2 or IS Section 2. "Property' shall mean and refer to that certain real property hereinbefore described and more particularly shown on Exhibit "A" attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or subject to this Declaration. Section 3. "Common Area t?r;l�Cotnman lemnghall mean and refer to those areas of land, including the facilities (io�beJJconsU"_ticted�tiiereon, rT any, designated as such on the Subdivision plat of the Property. ZIC - Section 4. "Lots' shall mean and refer to any plot of land with such improvements as may be erected thereon intended and subdivided for detached homesites use, specifically Lots I through 24 shown on the Subdivision Plat, but shall not include the Common Areas as herein defined. Section 5. "Owner" shalll�+_and refer to;#knz;,rao4rd Owner, whether one or more persons or entities, of the fee simple title to aiiy%I oti1 utiltall not mean or refer to any mortgagee or subsequent holder of a mortgage, unless and until such"mortgagee or holder has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure. Said term "Owner" shall also refer to heirs, successors and assigns of any Owner. Section 6. "Developer" shall mean and refer to The Peninsula at Ocean Isle Beach, LLC and any of its heirs and assigns. �-� j ���� n r�r��l� ��� - Section 7. "Member" shall rdean rd, efer to°HVINdeefOwners who are members of the Association, as provided in Article II, Section 1'h6 p herebf,2fZ_,X Section 8. "Development", "Project" and "Community" shall all mean and refer to the Subdivision to be developed and constructed by the Developer. Section 9. "Plans", "SrEc.fications", "Elevations"I 'ITxterior Designs" and such like terms shall refer to and encwmpass tho'-$peet� (ri�Elevations and Designs as well as setbacks, locations, etc., approve¢,bytlttl;� ela5 mb,�ffff� �U uuv ", ARTICLEfW&s K Membership and Voting Right in the Association Section 1. Membership. Every person or entity who is an Owner of any Lot that is subjected by the Declaration to'sssessment by theF"—iation shall be a Member of the Association. Membership shall be app" 'to�p -may not be separated from ownership of any Lot, which is subject to asse enters �"I mGY.�6islf.D17c'^Ll Section 2. Voting Rights. The Association Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1 above. When more than one person holds such interest or interests in any Lot, the vote attributable to such Lot G VS g,& YJ rJa 1 J0� �� llnl 11 ll]J� 1111111111111111 jLg2 P a53 � :1 �3 U . (C9 B unsu)�i�ck Pegsrr& sprinkler systems, and the right of the Developer to grant and reserve easements and rights -of -way through, over and upon and across any areas necessary for the completion of the Development, and for the operation and maintenance of the Common Areas; nn � IL (c) The right of the Assoct�ipn, asyroy�ded�teie 3n and in its by-laws, to suspend the enjoyment rights ,of�1aP�wtefiticr�fore y¢p.pnod during which any assessment remains unpaid. 'Provided, hotiticve,T�t the right of a Member to ingress and egress over the roads and/or parking a ysS-11 not be suspended; (d) The right of the Association, as provided herein and in its by-laws, to suspend the enjoyment rights of any Member for any infraction of its published rules and regulations. Provided, however, that the right Qf a Member to ingress and egress over the roads and%o Viking areas d*1-nolt,6e �Itspended; n. f ✓ (e) The rights of the �.4is�ctan9n, in awith law, and its Articles of ws, [a�borraw.�money for the purpose of improving the Incorporation andii'y�'la Common Areas and in pursuance thereof to isortgage the same. Section 4. Delegation of Rights. Any owner may delegate, in accordance with the by- laws of the Association, his right of enjoyment to the Common Areas and facilities to his employees, tenants, invitees or licensees. tt% r n2'��� Section 5. Additional SWdures�.i,N 'then the Association nor any Owner or any group of Owners shall, without the prior�fier<-a'p ,Iyo„val of av'eIeper, erect, construct or otherwise locate any structure or other improvement in`thre COtittilOn Areas. ARTICLE IV Right of Association to Alter, Improve, Maintain and Repair Comr"_ Areas and Dminagg_Di�ctjtAreas . rrr''�<«VV The Association shall have tlieCglSt't0 mhke or cause to be made such alterations, modifications, im rovements, re1��, I� N`' epti p p!vrs, maintenance and repYacements to the Common Areas and any drainage a ditch ar , and the cost thereof 51�1}I eas() U2assessed as common expenses and collected from the Lot Owners on an equal basis. ARTICLE V Covett aMsfor Maintenance-Assessinn ents Section 1. Creation of the -Lien, nd�Personal Ol hgatiuottof Assessments. The Developer, for each Lot owned within the Propbr{ies, �hereby,'covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shalf`be?so expressed in such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) assessments or charges for the maintenance of the Common Areas, including such reasonable reserves as the 4-1 e* �IzT16 - 1 �i JO MINI III II IIIIIII�IIIIIIIIIIIII 82�2 J. R. „__°°, nn %40:<9.003 I� [(/f�ji aruruu ak ounly, NC aegrst., of �ae� page 5 of 15 Association may deem necessary, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collectioq and reasonable attorney's fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assesstrAN 's made. Each such_assesiment, together with the collection thereof, shall also be the personal obfiBia -of-Me perspa-wh6 was the Owner of such property at the time when the assessment �e�ll��due!��� IJU\J Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties (and their respective families, guest, tenants and invitees) and for the improvement, protection, replacement and maintenance of the Common Areas and for the provisions of various forms of insurance for the Association, its property, members, directors, officers, employees, and agents. .. ��a��lj Section 3. Entry Assessmentt ��Ea�¢. , er o�€�an}e; gttshall pay a one-time entry fee of Two Hundred Fifty and no/100 bi ii8r5 (S2id—M),petr(L.ot payable on the day of conveyance to The Peninsula at Ocean Isle Beach Property Owners Associatioq Inc. In addition, Association dues shall be paid on a quarterly basis to the Association. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the,.Association may levyr�i�tl any assessment year, a special assessment applicable to that year o*,,fo21�11r the_ptupose-6fj�def wng, in whole or in part, the cost of any construction, reconstruction, reTr-or�re merit of a capital improvement, to include a possible clubhouse and other ardei iije's to,lie amed4Mai�itp6h the Common Areas, including �llnnin.�.: fixtures and personal property related thereto, provtded� any such assessment shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting'Wled for the purpose#/GtWng any action authorized under Section 3 or 4 shall be sent to all mer _r� notIM s ibar0 =days nor more than 60 days in advance of the meeting. At the first 1su��h'n}tetillg�e`r tled�'t tepresence of members or of proxies entitled to cast sixty percent (60°k lol d al'I iZvotes of AdTt shall constitute a quorum. Section 6. Rate of Assessment. Annual and special assessments may be collected on a monthly, quarterly or annual basis. Annual and special assessments for Owners of unimproved Lots may be fixed at a rate lower than those for Owners of improved Lots. Section 7. Date of Commencement of Annual,Asses ents - Due Dates. The annual assessments for unimproved Lots provided hiereinatiei sil�s�ltrlimmence as to any Lots on the first i >i day of the month following the�,aooveyancertben f�ythe Developer. The first annual assessment shall be adjusted accb'tdtri94o he",fwm4tu_af monn s remaining in the calendar year, the board of Directors shall fix the amount of tie"lannualYassessmem against each Lot at least thirty (30) days in advance of each antral assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by -19AVIRZZ-� -- v Ct9MO(�G�Q� l�J mac �ut� aiiiiiiiiiiiiiipi 8f D.. 945g* 5oof 503 the Board of Directors. The Association shall, upon demand, and for a reasonable charge, fumish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of NonpaymEnf of-AssessmetitS_�Rer edies of the Association. Any assessment not paid within thirty,(30 \days)afie%the due dat�ll bear interest from the due date at the rate of eight percent (8%) per dmium.(t -QLs,_socau6n may bring an action at law against the Owner personally obligated to pay the same, or foie'Ibse the lien against the property (as in the foreclosure of a mortgage), or both. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. Non-payment for any period of thirty (30) days or more shall result in the loss of rights to the pool and other recreational amenities within the common areas until such payment is made in full including all interest and late pYnent penalties. �������� Section 9. Subordination�of�lhe'Lie 10 Mortgages -lien of the assessments provided for herein shall be subordinate to�fie'lien ofany3ltstrtprtgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or`titinsfer of any Lot pursuant to mortgage foreclosure or any deed or other proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. erg (LJ� `ARTICLE VIJOF,F= Juv/ ArchiteCclurai=Cotrirol Section 1. Buildings, Fences, Walls, Etc. No building, fence, wall or other structure, and no change in topography, landscaping or any other item shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change be made until the plans and specifications showingthe-,nature, kind, shape,height materials, color and locations of the same shall have been submitted tticand appppro�ved'\iiJ,*p.itnd-as to the harmony of the external design and location in relation to the�sturot{ndirigietruc[ures�and topography by the Developer. Provided, however, that upon the IJe elbperLs„xeIling ofafl'ihetots in the Subdivision, this right of approval shall be transferred to an Architec`tucal R&iew Board of the Association. Such Architectural Review Board shall be comprised of not less than three (3) representatives to be appointed by the Board of Directors of the Association. Provided, however, that the Developer may transfer its rights of approval under this Declaration prior to its selling all of the Lots in the Development if it so chooses. In the event the Developer or the architectural review board fails to approve or disapprove an re, within thirty 3 -da s after complete written plans and PP PP Y9nes�rtY (�), � � Y, C� P specifications have been submitted tout; the3stne shallibe`deemed approved, and this Article shall be deemed to have been fully cgnyilied with,-proyided„however, that no such failure to act 1 1 . W. shall be deemed an approval of any,matters specifically_proKI it by any other provision of this Declaration. Refusal or approval of plans, specif' ati�it's'and plot plans or any of them may be based on any grounds, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Developer or the Architectural Review Board may deem sufficient. Any change �I /DO�IJj]�l bra .p g�� �nswlck ���ty, NC R.gj.te� B2632aP9456: of�,5ro3 in exterior appearance of any building, wall, fence or other structural improvements and any change in the appearance of the landscaping shall be deemed an alteration requiring approval. The transfer of control shall not be mandatory on the part of the Developer. Any non- compliance with this section shall result in a lien on the non -compliant parry's property for any penalties_ assessed by the AmhitecNual Review Board.,plusjany_attorney's fees incurred by the Association N�¢ _ lJQ) ao u�cmn ua rNOC�`27� ARTICLE VII Restrictions Upon Use of Lots and Structures 4, Section 1. Conformity andQ roval of Structurea�.rNo structure, fence, sidewalk, wall, drive or other improvement shall bepvla�ad) ra�te}eiidn �riy Lot except in accordance with the provisions of this Declaration. l)J J\J �IZi.,, Section 2. Subdivision of Lot -Easements 9YEncroachments. No Lot shall be subdivided and no building or residence, including porches or projections of any kind, shall be erected so as to extend over or across any of the building lines as hereinafter established. Section 3. Increased Siz6of Lots. Lot or Lots may not be subdivided, however, nothing It herein shall prevent the combination 6f4wo or-mareLL oils single building site (subject to local ordinances). nn �)� C5 L� VMAWYMU dMr Section 4. Residential Use of Lots. All'L''tdt oti sliaNisbe used for single family residential purposes exclusively. No structures, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family residence constructed in accordance with the Plans and Specifications. At the commencement of the home Section 5. Sewer Allocation. The Town"'a`f=Ocean Isle Beach operates a public Wastewater Collection and Wastewater Treatment Facility. Sewer availability is subject to regulations provided in the Town Ordinance (Rev. August 9 2005), and any amendments thereto. The Town determines allocation according to its adopted formula and Developer shall not be responsible for any limitations. &. Section 6. Maintenance of Lo ^�I ha1{I the responsibility of each Lot Owner to prevent the development of any uhcle*'unsightly, or unkempt condition of buildings or grounds on such Lot which shall tend to sirEistantially de6crearsC41w,beauty of the neighborhood as a whole or the specific area. Every Owner shall maintain the se"tru� s and grounds on each Lot at all times in a neat and attractive manner. Upon the Owner's failure to do so, the Association may, at its option after giving the Owner ten (10) days written notice sent to his last known address, or � n� E, Sao aoa�« %"Z�r �`�p� �l ����I11i�tI1�I�lIIIIIIIIIIIIIIIIIIIIIIIP045108_�,_2ao, as:as. qqa Robert J. Robinson ountY, NC Register of Oeees page a or 14 to the address of the subject premises, have the grass, weeds, shrubs and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot and replaced, and may have any portion of the Lot re -sodded or landscaped, and all expenses of the Association under this Section shall be a lien and charge against the Lot on which the work was done and the personal obligation of Owner of such Lot. Upon the Owner's failure to maintain the exterior of =s�trttctdreinl repair and appearance, the Association may, at its option afterigjv}ri=�; e'Crwner thirty �30a days written notice sent to his last known address, make repairs �an8�imprnv�L,thpappei afii�cn a reasonable and workmanlike manner. The cost of any of the work performed by%thesociation upon the Owner's failure to do so shall be immediately due and owing from the Owner of the Lot to the Association and shall constitute an assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. Any Owner may choose to perform maintenance on his own yard that would normally be the responsibility of the Association, but in no event, shall'=Nch Owner be�entihed,� any offset or deduction in his assessments for performing such maintenance:F.Ilie!Association is hereby granted a perpetual easement across each Lot for the uiposes otl%arrying,opt,i),stresponsibilities under this Section. Section 7. Nuisances. No noxious or offensive' iv'i'ty shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood. No trash, leaves or rubbish may be burned on any Lot or within the Development nor shall there be maintained any plants, poultry, animals (other than household pets) or device or thing of any sort, the normal activities or existence of which is in any way noxious, dangerous, unsightly,,unpleasanforiof a nat, a as may diminish or destroy the enjoyment of other property in the neigblt'orhuo b. r4610 ver thereof. rUl[1 1vu " Section 8. Exclusion of7.bove Grouud=Oli�ities, All electrical and telephone service shall be placed underground and no outside electrical Imek�hall be placed overhead. Provided, however, that the normal service pedestals, etc., used in conjunction with such underground utilities shall be permitted within the Development. Overhead utilities shall be permitted during the construction period and until utility companies can place them underground. &,. r�� Section 9. Satellite DisheseSatellii dishe�slall,`�Utt be placed in the front of the property. Properly maintained satelliteldishestpay%be placed at the rear of the property with the prior approval of the Developer. FUporiatie�'Dayelopeefi seitia'g"ef all the Lots in the Subdivision, this right of approval shall be transferred to an ar`&' a to"review board of the Association. Section 10. Prohibition Against Business Activity Use. No business activity, including but not limited to, a rooming house, boarding house, gift shop, antique shop, professional office or beauty shop or the like or any trade of any kind whatsoever shall be carried on upon a Lot or Lots. Provided, however, that nothing contained herein lshall[be construed so as to prohibit the construction of houses to be sold on said Lots, orrli Cs�oyvrcig-of said houses for the purpose of r i rei selling houses in the Subdivision., N mg heretn shall beconstruedto prevent the Developer or its agents from erecting, place �K) intaming-jsigits>_ sWctures and offices as it may deem necessary for its operation and sales in the SubdivisionTff?rovided, however, that nothing herein contained shall prevent the Developer or its agents from erecting and maintaining sales and marketing signs in common areas. z; CJ���J� ��fJ 611:3 C��� ����������������� (R1U BZ632 !0498 ms_�,_,�, ia:ao:as.00e Rob�r! 1. Robtnson BFuii}wo. k�CeuntYRe Register of Dnds page 9 of 15 Section 11. Mining and Drilling. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of the premises, nor shall any oil, natural gas, petroleum, asphalt, or hydrocarbon products or materials of any kind be produced or extracted from the p�eroises. o 5OZCg Section 12. Garbage Dispoaa� �\IP.ac'bLLa¢' Owners}ll�prprovide rollout garbage containers of the type approved by the Tovtial'a4luch s1tall be visible `I'r`om the streets on garbage pick-up days only. No garbage or trash incinerator shall be per y y g g permitted upon the premises. No burning, burying or other disposal of garbage on any Lot or Lots within the Subdivision or Development shall be permitted. Provided, however, that Owner shall be permitted to modify the requirements of this Section where necessary to comply with orders of governing bodies. s'; Section 13. Easement for DiiFities. The Develope" r¢sl6es unto itself, its successors and assigns a perpetual alienable, easemenaand/riglCfSorftn and egress over, upon, across and under each Lot and Common Afe0wiheJerectitap;,ouze)ittenance, installation and use of electrical and telephone wires, aebles, cwndtats.sewers,. water or other public convenience or utilities, including an easement for privately owned te`ievrsion and other communications cable and equipment, and the Developer may further cut drain ways for surface water when such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of soil, or to take. \ v other similar action reasonably necessary to provide aneconomical-and safe utility Jr1� installation and to maintain reasonable standards of health, safety d) ' ' ''de'. It further reserves the right to locate wells, pumping stations, and tatiks7vfithin--r�sidentialr=diees''fefrtany walkway, or any residential Lot designated for use on the app icable plat of tideptial Subdivision. Such rights may be exercised by the licensee of the Developer but this reservation shall not be considered an obligation of the Developer to provide or maintain any such utility service. No structures, including wails, fences, paving or planting shall be erected upon any part of the property which will interfere with the rights of ingress and egress provided for in this paragraph. - d. Section 14. Temporary SW tc urree Nq strudut re� ie,t rap irary character shall be placed upon any Lot any time, provided, is yeritiaf this prohibition shall not apply to shelters used by the contractor during construction .optl'e Hain-dwelling°>"ib it being clearly understood that the latter temporary shelters may no at anytime tie`nsedsfor residence or po ry y t, permitted to remain on the Lot after completion of construction. No shack, tent, barn, bus -body, junked vehicle, tree house or other similar vehicle, out -building or structure shall be placed on any Lot any time either temporarily or permanently. Section 15. Storage Receptacles. No fuel tacks ofs milar storage receptacles may be exposed to view, and may be instalfedlonly within-dhe�main dwelling house or buried underground. Any exterior air conditioning titr beat4ypitsidiall be screened from view from all Common Areas and adjacent LotlO U ' Ci9G7 G;fI�r Section 16. Clothesline. No clothesline or drying yards shall be located upon the premises so as to be visible from any Common Area or from any adjoining Lots. Ok n n�(0) �� IJ V �(G��L' °a �5r IlfiIfIII'IIIIIIIIIIIIllB232P045mo3 Robi0(9�V�III r of 0uds +9. 1of IS Section 17. Water Systems. No individual water supply system shall be permitted upon the premises with the exception of a shallow well to be used for irrigation purposes only, which shallow well shall be approved in writing in all respects, including the pump and the covering or screen thereof by the Developer, itssuccess�or a�igts�-pr oft installation. Section 18. Off -Street Perking ( I��eragfegjkq�pttto park his automobile or other vehicles on the streets or CommoteAteas to S1lei�t#bsrl'l� ion.i�o travel trailers, campers or other habitable motor vehicles of any kind, whether self=propelled or not, school buses, trucks, or commercial vehicles, or boat trailers or boats shall be kept, stored or parked overnight on any Common Area or as otherwise permitted herein. Section 19. No animals oQivestock of any description except the usual household pets, shall be kept on any Lot. No pit: shall be allowedawpio'h[shall produce any noise or odor objectionable to any other Owner, nor`tr'"IIq,pe'tbe alloowed on any Common Area unless under the direct control of an Ow& ,iJolbwner shail,b gr maintain pets on the Lots for commercial purposes. All dogsl'atid cats rriti�'eti� n a leash or within yard fences when outdoors. Section 20. No stripped, partially wrecked, or junk motor vehicle or part thereof, shall be permitted to be parked or kept on any street or Lot. All vehicles kept in the development must be currently registered and licensedw.ith the appropriate //s�tate au nty. ��Ln��. Section 21. No trash, ash iga[ I -or-rather refuse shall be dumped, stored, accumulated or permitted to remain!oFt�, �'1:ot,for aiai'oTwgore than flfleen (15) days except during active construction or other approvedun°rproYransnj Section 22. All fences constructed on Lots must be approved by the Developer or Architectural Review Board prior to installation. Section 23. All gardens''must be well kept Td/proerly cultivated so as not to be unsightly. All vegetable gardens must'bcann the-re�r F h,epropetry. r !IF( 0 ws Section 24. All Lou mustbel dscuped:wilh�'shnibb`rf, sod, grass, pinestraw, etc. All Lots must be sodded in the front and side `Jar3c y �w]r�re it is possible for sod to grow. Landscaping must be completed within three (3) months of the end of construction. Section 25. There shall be no landward access to any Lot on the perimeter of the Subdivision except from designated roads. �� Section 26. Each such grantee also �ageas! bye Kb eptance, to assume all the risks and hazards of ownership or occupancc ' aieitdim,t tWthe,,owrierstip of such Lot, including but not limited to, its proximity to any whtsi systems;.r'ecreatinoal facility or Common Area. _„ J �J �U pg�lt , mlti�,= U MfIt�111111111JillIII jjk;2 Paa60,IQ 0 a49 Ml Y. 9 pey. 11 of 15 Section 27. Without Developer's written consent being first obtained, no material may be left unpainted or unpreserved. All colors must be approved by the Developer or Architectural Review Board. Section 28. Signs are prohibited on any Lot with. e-fo9)owing exceptions- (a) "For sale" signs shall be alldvfMl n-any p�q gllyy U U H7U G (b) Nothing herein contained shall pr atE�Vthe Developer from creating and maintaining sales and marketing signs in Common Areas. (c) Owners' "For Rent" sign of durable construction and professional appearance. Such sign shall bespoosinoned at least 10 feet �from the Owners' front property line. `ram.. �?�� /=JIB Section 29. No property owner or indiVtdaal shall- Iter m any way any common property n: i n �'' � . or Common Area (except with �ttte rwnitenLpermisstonyo€ *;,,Association provided that such activity is required for the benefit'4 a AssQktfnn,-ar,Subdivision as a whole). Section 30. Pools, spas, Jacuzzis, and hot tubs may be allowed on individual lots with approval of the Architectural Review Board. Section 31. No use of any;non-street-legal motorcycles or mini -bikes or "go-karts" shall be permitted in the Development atNnyt ime. Golf cartsare,itllowed as per Town regulations. ��✓ Section 32. No vehicles��COD shapbe-p ked on afi}��co'tfrnbn area. This shall not exclude V v/i1m_ commercial vehicles in the course of business'rom�3rkig�in the development. s Section 33. Use of Recreational Amenities. Any rules for use of the Pool and any other recreational amenities shall be adhered to. Violation of said rules shall result in loss of access for a period of time to be set by the Board of Directors. Such loss of access shall not result in reduction of annual assessment diie-1,,,, a r n I4q Restrictions Upon Use atiii'Sitzze of Structures Section 1. All Lots must adhere to all regulations as imposed by local, state or federal agencies. In the event of a conflict, such agency regulations will supercede any condition outlined in these covenants and restrictions. w,i �Il Ni . IJJ Genetai6Pw����.L! Section 1. Enforcement. The Association, or any Owner, or the Developer, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, dt n �IL �ao�apMu 011 r,UJJJJ]JJJI.1JJq JJJJJlllllg111111 B�Y6 !? 461 °;2 of90 15 reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability.'nInvalidation of any�o�ag � ese covenants or restrictions by judgment or court order shall in no wey1affect any, othef,, lions which shall remain in full force and effect. Section 3. Amendment. The Ucovemints and s�u`istibns of this Declaration shall run with and bind the land, through December of the year 2025, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners` and thereafter by an instrument signed by not less than seventy-five percent (75%) of the i:ot Owners. Anyjameddment must be recorded in the same manner and location as required for the recoreh tggo`f deedii,m Brunswick County. � �� tNrtaffiiFffd�^P✓A%s Section 4. The developer or Assnootafimt may at any time dedicate the streets in the Subdivision to a public authority if applicable. �`"� Section 5. It is agreed that time is of the essence with regard to these restrictions, covenants, limitations and conditions. nn Section 6. In the event of a Vib ation or breach�dfy 4€iltese restrictions by any Owner, or agent of such Owner, the OwnersZfJ (— i�ihe=3uivision, or any of them, jointly or ni J II ill, severally, shall have the right Wlp.rob d=atlaw or im4igvlty7tb compel a compliance with the l /, lL rth -.�. terms hereof or to prevent the violation or bre�acl tit=tu_ry�;.event. In addition to the foregoing, the Developer, its successors and assigns, shall have the righi�vhenever there shall have been built on any Lot in the Subdivision a structure which is in violation of these restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation, it shall not have been corrected by the Owner. The Association is hereby granted a,p�rpetual easement across each Lot for the purposes of carrying out its r"e-sonsih�i ipegg'un�er,�ilu'� `Section, and any such entry and abatement or removal shall not be deemed & WaMedof the rights to do so hereafter as to the same [ IIIASIA�V OOF• breach or as to a breach occurnng pnor'oru�,ubsesqu�err[•(hCiti4'tf and shall not bar or affect its enforcement. Should Developer employ counsel'f aifi,ojrce any of the foregoing covenants, conditions, reservations or restrictions, because of a breach of the same, all costs incurred in such enforcement, including a reasonable fee for Developer's counsel, shall be paid by the Owner of such Lot or Lots in breach thereof. Section 7. The Developer berein shall not in any -��''ayo� \manner be liable or responsible for any violation of these restrictions byano4h_e 7lhau-jtself. (0) T- rr.xWI=1T Section 8. In the event thahany of tti6iprovisions hereof are declared void by a court of competent jurisdiction by reason of the period of time heri stated for which the same shall be effective, then in that event such term shall be reduced to a period of time which shall not violate I1J Uv ��r•,.-uuar� (a L �i iuii, NC R.,t, B2632dJJ. 04R b. the rule against perpetuities or any other law of the State of North Carolina, and such provision shall be fully effective for said reduced period of time. Section 9. The covenants, conditions, reservations and restrictions herein contained may be altered, modified, supplement edmr amended in any wa bey in instrument in writing signed by two-thirds (2/3) of the then Lot Ow a kgrgvidpd ;i&owl.Z'-% y such change shall apply to all Lots equally or shall be less restrictivd�ttien-this�iitstrument if it applies to less than all Lots. Provided, further, that all prolierty ng�2 e _ to W9faFDeveoper shall continue forever to Developer, its successors and assigns, reseot 5"�i S rovided herein, and, as provided in pe gns, except as otherwise_P Article III, Section 2, hereof, the obligation for maintenance and repair of the Common Areas may not be eliminated or substantially impaired thereby. Section 10. Restrictions forr S_tormwater Regulations. any (a) The following eovenanaare�tilin' ye�iue ongoing compliance with the State of North) 'Qarolinti�� Storm aer,�,�.Management Permit Number SW8 060 609. as tissSed bvg&,,Division of Water Quality under 15A NCAC 2H.1000, on July 17'", 2006. 1'1°/s (b) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Storrs Water Management rules. % (c) These covenants are Wgwt with the land4d be[_hinding on all persons and parties claiming under them.N� �G��,��y� u" Clfll� O�OGnr @nFiIDP6fA� (d) The covenants pertaining to SiormiaWaier, may not be altered or rescinded without the express written consent of the Staff of'North Carolina, Division of Water Quality. (e) Alteration of the drainage as shown on the approved plans may not take place without the eoncuf c i e of the Division of er Quality. L V n2i 1'� (f) The maximum built upon'ar"-e� U - A') ii, pei lot is 3000 square feet. These allotted amounts include e' Y'jI3i ili upon,area constr'ucieiitwithin the property boundaries, and, that portion of the right of way bettvi;emthe from lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (g) In the case of a loi''cvitin CAMA's regylated'A'�C, if the built -upon area for that lot, as calculated by CltMA, rs,h;.9s L the -amount shown in these restrictions, the most restrictive` � fitl v lie the r�it>vximum,�permitted for that lot. nb J (h) Filling in or piping any vegetative f'. . afices (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. C�Jco �FenoIv n„_ V tl V c/ G��� �. ��\L of Deade a6_10 490 0 U &c� � i �u����������������r ek; PO4 bjo,64,of9is' (j) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. (k) All roof drains shall,terminate at least 30' �tlte mean high water mark of the surface waters. _� � J ma�Uu��ry IN WITNESS WHEREOF, the Developer has this Declaration this day of 12007. c,- THE PE - 7" - E N ISLE BEACH, LLC ER MANAGER lr STATE OF NORTH CAROLINA COUNTY OF�(°IC l 1, I i Fff i L�oW, a Notary Public of the state and county. aforesaid, do hereby certify that :at)akt. F- Ccv, personally appeared before me this day and acknowledged that he is the MEMBER MANAGER of THE PENINSULA AT OCEAN ISLE BEACH, LLC and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behitf as. its act and deed. „ ,-\ n Witness my hand and se oFRCUI. aFAL �1 (COtatTY t � �¢ 71lilao &NO fJl.'7�GllZ'rns,n �n7(04V 1 2007. �`��o� �� �11119t1 �11� IIIIII I IIIIII I� s2632 J. ft 11 .69.003 --ty, NC Ragist.r of Deeds P." 15 of 15 My commission expires: Ir� 0 IIv /�n �sQOF391FlF�TJ.v%:lh �aV OGs6U�C'3�� df� � �)) rJ5 i I.a.er0.wn.. rKm,�,.�n 5�-m�•�nlv�u,L — — — — — , `M'�.wr'+n brve.e,n I 10 A'V r. wtama..rnu 4f. •7.30nrauu.0 wwne,rs aw w,a, WtneM I I„.m r�•nau, ,.r.�Aa.,al...m5a.>. ,... P.r r7<z,+n r, zaa ar,e� .. ro13 n PRELIMINARY e.,ax o.wn.ru. w.5. --------------- Tax Parcel 25701WG OIB Rnity D5 3213, Pg. 689 Lot 3, 51k 24 I qz m.re� Tax Parcel 257DI007 LWE III. LL0 Lot 2. Blk 24 DB 3353, Pg 995 Tax Parcel 257DI000 LWE III. LLc Lot I, Blk 24 05 3353. Pe. 995 If Land Surveyors, P.A. Norn Caro,—rS IhCard- 301 Tnmm,em.o Rue ex GiN C 2M67 ary g53T1.5>a5 1ux(nvr+, wn zeom c •.g o w,.e. ru. Tax Pacel 243MA03508 The PemroW at Ocean We Beach POA Ire. OB 3015, P, 300 LiGiE^.•FfC3T.�i•mxn� F...6?]?�laY.1..di 0Q•}EiiSSF�tSF�t'H4:i£1llfEl[ttFa Q33aQaE•}fQ tfl�©YYP33i[�!i[ACi Tax Parcel 257EBOO I Roark A aoc- LLO 05 3073, P9.340 I I I 1 I I I I I I I I 1 1 I I I I I I I 1 I I I I I I.d� u.on I I la,�.em.ap, I I 5340.31 r F<R o.IZKre> I � I I I 0 - i I I Gatha Lane womlerly Third 5t,eet, sa R vom'. x0l. x4'Rpfnn.'u agYo ox Mf4gxlel vWxJ w ine Sww 'ra..N'oxO '. Wto CK To0o q xx✓cx Grz 37ror0750a3 ct*JVMV 1375357 ..ru1.75x. a am I to x. 0.rm 6. Ioa I 1 r.vc>u m Tom mcerco 11 10 a yr n. Io. rO'AL t.r0H[ MC 35,k SIS. M:. UlNNr2M(LV`pWm. TJUL 17 20ih APPROVED NORTH CAROLINA ENVIRONMENTAL MANAGWEN11 COMMISSION CAN VON .,.I— a: tcn z,n The Penln5ula ,oza ao .a'—. v..x v,x, Go 5uk r. 20 hepp 23M13 rVlroRm, wuo;,w0warv6... ro15 NCDENR-DEMLR Stormwater Section 127 Cardinal Drive Ext Wilmington, NC 28405 EG EIV6 JUN 0 4 2014 BY: 9'�P� �T'%', '� NINEY BOWw[5pp 02 1R $ 00.480 000200 71 59 ICw Y 21 2014 MAILED FROM ZIPCODE 28405 Mr. Patrick tine, Member/Manager e Peninsula at Ocean Isle Beach, LLC 6606 Beac'- ^ ` - " "^+* ° OCean'Islel 14iv(1E 27 G F. •:_vv'3 vnoS 50;:14 -. RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD :BC: 284055406.2,7 r:2.2.8.0-02.5.3.3-.2.1-43 111( N. tit filM I ot illh) fit it 1 1 1 li It/ 11' ALUXMWA NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 16, 2014 Mr. Patrick J. Ballantine, Member/Manager The Peninsula at Ocean Isle Beach, LLC 6606 Beach Drive SW, Unit E Ocean Isle Beach, NC 28469 Subject: Permit Extension and Notice of Inspection - Compliant The Peninsula at Ocean Isle Beach Permit No. SW8 060609 Brunswick County Dear Mr. Ballantine John E. Skvada, III Secretary Permit Extension 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. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 060609, which was set to expire on July 17, 2016, is now in effect until July 17, 2020. Please resubmit the renewal application and fee at least 180 days prior to July 17, 2020, which would be January 17, 2020. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms-docs. Notice of Inspection On May 9, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected The Peninsula at Ocean Isle Beach in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 060609 issued on July 17, 2006. DEMLR file review and site inspection revealed that the site is 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. Please be advised that you are required to comply.with the terms, conditions and limitations of your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North.Carolina General Statute 143-214.7, including operation and maintenance of your permitted stormwater system. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. 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. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004 n If you have any questions, please contact Christine Nelson at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at christine.nelson@ncdenr.gov. Sin erely, -4eorgett Sco� Stormwater Supervisor Division of Water Quality Enc: Compliance Inspection Report GDS\can: \\\Stormwater\Permits & Projects\2006\060609 HD\2014 05 CEI_compliant 060609 cc: Integrated Properties, LLC, Manager; The Peninsula at Ocean Isle Beach, LLC; PO Box 240351; Charlotte, NC 28224 James B. Myers, III, Registered Agent, The Peninsula at Ocean Isle Beach Property Owners' Association, Inc.; 10 Causeway Dr., Ocean Isle Beach, NC 28469 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Compliance Inspection Report Permit: SW8060609 Effective: 07/17/06 Expiration: 07/17/20 Owner: The Peninsula At Ocean Isle Beach LLC Project: The Peninsula at Ocean Isle Beach County: Carteret Third St Region: Wilmington Contact Person: Patrick Ballantine Title: Ocean Isl Bch INC 28469 Phone: 910-232-6019 Directions to Project: From the intersection of NC 179 and NC 904, take INC 904 across the Atlantic Intracoastal Waterway to Ocean Isle Beach. Turn left onto Third Street. Site is on the left. - Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 -(Intracoastal Waterway) (03-07-59) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 05/09/2014 Entry Time: 11:00 AM Primary Inspector: Christine Nelson Secondary Inspector(s): Jean Conway Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: IN Compliant ❑ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Exit Time: 11:30 AM Phone: 910-796-7215 Phone: Inspection Type: Compliance Evaluation Page: 1 Permit: SW8060609 Owner • Project: The Peninsula At Ocean Isle Beach LLC Inspection Date: 05109/2014 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: The infiltration system is underground and thus difficult to confirm it has been constructed according to the plans. A certification has been provided and the water level in the pump station inlet was very low, indicating the pump was working. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE Yes No NA NE ■ ❑ ❑ ❑ O O Q ■ ■ Q Q O Yes No NA NE ■00D ■ O n ❑ 0 0MCI Yes No NA NE ■ n Q Q Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ Q ❑ ❑ ■ upon request? Comment: Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: Other WO Issues Is the site compliant with other water quality issues as noted during the inspection? Comment: Yes No NA ■ ❑ n n Yes No NA NE ■ ❑ n O Page: 2 completeness KevieW LnecKusL n Project Name: �� /e ,'I n .S LX/c.. 4-', Received Date: JL11- ;;L --2 d / Project Location: L ?; 4r�- Accepted Date: r1u n 2-7 "Zv Rule(s) ®2008 Coastal ❑1995 Coastal ®Phase II (WiRO) Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): MPE Cert on File? Densit HD- or--. .LD-.;Type:_-Commercial--or.--Residential._---_ -NCG =- = y;:- _- %: �(% OK?) stream class: �SA Map �Offsite to SWS c..1.4:.Adnd7• riihriivicinn nr Single Lot IMORW Map nExempt Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): ElO&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures E36eed or LLC: Sig. Auth per SoS or letter El Email Address: ®$505 (within 6mo) ❑Email Address: Design Engineer Owner ®Soils Report with SHWT IL Note to Reviewer: ®Calculations (signed/sealed) MNo obvious errors Density includes common areas, etc �d Restrictions, if subdivided: & Notarized Plans ElSets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ❑Grading Wetlands: Delineated or No Wetlands ❑Vicinity Map ❑Layout (proposed BUA dimensions) ®Legend �DA Maps ❑Project Boundaries Infiltration Wet Pond Offsite Soils Report ' ®Soils Report �PE Cert for Master Lot #: ]SHWT: FSHWT: ❑Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: _�. o. co.i• Pr000sed: BUA (sf) Permitted rvpvxa. •-•r---- DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) July 14, 2014 Ms. Christine Nelson State Storm Water Program 127 Cardinal Drive Ext. Wilmington, NC 28405 Subject: Lots 2 & 3 " The Peninsula" Dear Ms. Nelson, ECEOVE JUL 17 2014 BY: P Please find enclosed a completed " Stormwater Management Permit Plan Revision Application Form", along with letter from Justin Whiteside, Planning and Inspections Director of O. I. B. and copies of the revised survey. As you can see from the survey lots 2 & 3 have been rotated from Gatha Lane 90 degrees to face "The Peninsula Drive". As you can also see from the enclosed letter from Justin Whiteside, the town of OIB has no issues with the change. Thanks you so kindly for your consideration in making this change. Best r ards, f Jim Taylor From: Justin Whiteside <justin@oibgov.com> Sent: Tuesday, February 04, 2014 10:20 AM To: Jim Taylor Subject: RE: Lots No. 2 & 3 - The Peninsula Mr. Taylor, There will be no issues on the Town's end since no new lots are created and the existing lots meet our dimensional requirements. You may want to check with NC Division of Water Quality to make sure you don't have to amend the stormwater permit for the development. I will need something from them before we would sign off on a revised plat. Justin W. Whiteside Planning & Inspections Director Town of Ocean Isle Beach From: Jim Taylor [mailto:itaylor28@triad.rr.coml Sent: Monday, February 03, 2014 2:58 PM To: Justin Whiteside Subject: Lots No. 2 & 3 - The Peninsula Hi Justin, Sure hope you survived the ice storm ok. lust checking in to see where we stand on subject lots for The Peninsula. Randy Ward said he delivered the maps to you. Is there anything else I need to do? Many thanks, Jim Taylor F-CF-I E JUL 17 2014 B f. North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 8/11 /2014 Click here to: View Document Filings I PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC THE PENINSULA AT OCEAN ISLE BEACH LEGAL PROPERTY OWNERS' ASSOCIATION, INC. Non -Profit Corporation Information SOSID: 0840394 Status: Current -Active Effective Date: 4/13/2006 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: MYERS, JAMES B, , III Office Address: 10 CAUSEWAY DR. OCEAN ISLE BEACH NC 28469 Mailing Address: 10 CAUSEWAY DR. OCEAN ISLE BEACH NC 28469 Principal Office Office Address: Mailing Address: Officers/Company Officials 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 This website is provided to the public as a part of the Secretary of Slate Knowledge Base (SOSKB) system. Version: 3778 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7955094 8/1 1/2014 North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29M Raleigh, NC 276260822 (919)607-2000 Date: 5/16/2014 Click here to: View Document Filings I File an Annual Report 'I Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC THE PENINSULA AT OCEAN ISLE LEGAL BEACH, LLC Limited Liability Company Information SOSID: 0788782 Status: Admin. Dissolved Effective Date: 6/22/2005 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: COOKE, STUART F. Office Address: 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 Mailing Address: 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 Principal Office Office Address: 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 Mailing Address: 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 Officers/Company Officials Title: MANAGER Name: INTEGRATED PROPERTIES, LLC Business Address: P.O. BOX 240351 CHARLOTTE NC 28224 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3033 http://www.secretary.state.ne.us/corporations/Cor-p.aspx?Pitemld=7765527 5/16/2014 Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Filings For: The Peninsula at Ocean Isle Beach, LLC Image Date Filed Document Id Event Document Type 4/28/2005 C200511600236 Name Reservation Application to Reserve a Corporate Name �� 6/22/2005 C200516400169 Creation Filing Articles of Organization Limited Liability J 5/26/2006 C200614600911 ,4nnual Report Annual Report LLC 10/9/2008 C200809900456 Annual Report 3/11/2010 C201007030180 Notice Annual Report ADM Notice 4/19/2010 CA201010903099 Annual Report Annual Report LLC Faijil4/19/2010 CA201010903100 Annual Report Annual Report LLC 4/19/2010 CA201010903101 Annual Report Annual Report LLC m+J 3/24/2011 CA201108300792 Annual Report Annual Report LLC ®+J 12/12/2012 C201234732072 Notice Annual Report ADM Notice mJ 5/23/2013 C201314302416 Destruction Filing ADM Dissolution Ac La Re http://www.secretary.state.nc.us/search/CorpFiIings/7765527 5/16/2014 North Carolina Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 5/16/2014 Click here to: View Document Filings PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC THE PENINSULA AT OCEAN ISLE BEACH LEGAL PROPERTY OWNERS' ASSOCIATION, INC. Non -Profit Corporation Information SOSID: 0840394 Status: Current -Active Effective Date: 4/13/2006 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: MYERS, JAMES B, , III Office Address: 10 CAUSEWAY DR. OCEAN ISLE BEACH NC 28469 Mailing Address: 10 CAUSEWAY DR. OCEAN ISLE BEACH NC 28469 Principal Office Office Address: Mailing Address: Officers/Company Officials 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 6606 BEACH DRIVE, SW, UNIT E OCEAN ISLE BEACH NC 28469 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3033 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=7955094 5/16/2014 Nelson, Christine From: Nelson, Christine Sent: Thursday, February 06, 2014 11:02 AM To: 'jtaylor28@triad. rr. com' Cc: Scott, Georgette Subject: transfer and plan revision for The Peninsula at Ocean Isle Beach Attachments: 2006 07 permit 060609.pdf; SL 2013-121 MIA Permittees.pdf Jim, As we discussed, here's the link to the Name/Ownership Change Form: http://portal.ncdenr.org/c/document library/get file?uuid=d2277dff-f8aa-4913-a9a2-fbd740e7d7ce&groupld=38364 If the developer is truly gone, complete this form to the best of your abilities. For Section 1, just use the contact information at the top of the first page of the permit (attached). For Section 111.3 and 4, 1 see that the deed restrictions and the designer's certification have already been submitted to the Division so there is no reason to resubmit it. For Section 111.6, this would be the first transfer so the $40 fee would not be required. Please make sure you include the other items mentioned in Section 111. For Section IV, just make a note in the signature portion that the LLC went bankrupt/dissolved and is no longer active and be sure to mention in the cover letter with the submittal that you are looking to transfer the permit under Session Law 2013-121 (attached, if you care to review it) With all transfers, an inspection is conducted prior to the Division approving the transfer to ensure the project is in compliance with the State Storrmwater Permit. If there are any compliance issues, the Division would generally look toward the original permittee, The Peninsula at Ocean Isle Beach, LLC to resolve those issues unless the HOA or others agree to resolve them. I'm not completely clear how this works if the permit is being transferred under Session Law 2013-121, but can find out if you would like. Once the transfer is approved and the permit is in the HOA's name, then a plan revision can be submitted to document the change in the lot layout. Here's the link for the plan revision form and instructions (if needed): http://portal.ncdenr.org/web/Ir/state-stormwater-forms docs If you can get a hold of the original permittee, Mr. Ballantine, to sign off on both the plan revision form and the transfer from, the plan revisionlfor the change in the lot layout can be processed first. Hope this helps and let me know if you have any more questions, Christine ** Please note the new direct phone number ** Christine Nelson Environmental Engineer State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 Direct: 910-796-7345 / Main: 910-796-7215 / Fax: 910-350-2004 Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. 0�wAT �906 62, !1■ J1r- >_ I LJ_wN^ -1 May 4, 2007 Mr. Patrick J. Ballantine, Member/Manager The Peninsula at Ocean Isle Beach, LLC 6606 Beach Drive SW, Unit E Ocean Isle Beach, NC 28469 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: REQUEST FOR RECORDED DEED RESTRICTIONS The_P_eninsula_@Ocean Isle Beach [Stormwater Project No. SW8-060609� Brunswick County Dear Mr. Ballantine: Alan W. Klimek, P.E. Director Division of Water Quality On July 17, 2006, the Wilmington Regional Office issued a Stormwater Management Permit to you for The Peninsula @Ocean Isle Beach. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. A list of the necessary deed restriction statements to be recorded can be found in Section 11.13 of your stormwater management permit. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by June 4, 2007, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7301. Sincerely, f Linda Lewis Environmental Engineer III ENB/arl: S:\WOS\STORMWATER\DEEDREST\060609.rriay07 cc: Ocean Isle Beach Building Inspections &lmington-Reg iorfal Officel Central -Files N'o�yn Carolina �vatura//y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwa1c,Quali1v.orR Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper