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HomeMy WebLinkAboutSW8990121_Historical File_20190911Lewis,Linda From: Lewis,Linda Sent: Wednesday, September 11, 2019 11:40 AM To: 'Mike Broyhill' Subject: Navigation Point SW8 99012.1 letter Attachments: Letterhead 2019_DEMLR_Wilmington_BW 2019 06 21.pdf Mike- this letter will be going out today. Please allow a few days for the recipients to get it before you start calling or emailing them. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewis(d-)ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 w Email correspcndence tc and frcrn this address is sub ect to the 11iu:th Carolina Public Reco: ds Law and rpay be r1i-,„osed tc third oa. ties. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director September 11, 2019 NORTH CAROLINA Environmental Quality South Harbour Village Associates, LLC (current permittee) Attn: Wilmington Holding Corp, Managing Member Thomas Nuzio, Vice President 1295 Northern Boulevard, Suite 17 Manhasset, NY 11030 Hagood Homes of Wilmington, Inc. Attn: Clifford T. Zinner, Vice President and Registered Agent 106 S. East Street Raleigh, NC 27601-1537 Hagood Homes of Wilmington, Inc. James E. Kenny, Treasurer 1908 Eastwood Road, Suite 324 Wilmington, NC 28403 Subject: Request for Permit Transfer South Harbour Village Lots 33-36 Now known as Navigation Point Condominiums State Stormwater Permit No. SW8 990121 Brunswick County Dear Messrs. Nuzio, Zinner and Kenny: On June 11, 2019, the Wilmington Regional Office of DEMLR contacted all of you regarding the ownership of this Stormwater Management Permit Number SW8 990121 issued to South Harbour Village Associates, LLC on January 29,1999. The current permittee is anxious to transfer the permit to the Association, however it has come to the attention of DEMLR that not all of the buildings associated with this condominium project have been constructed. Hagood Homes of Wilmington, Inc. appears to be in control of the Association and appears to be the owner of the as yet unconstructed building. DEMLR cannot make a determination of compliance with the permit until the building is completed. In order for Hagood Homes of Wilmington, Inc. to construct the last building, they must accept the transfer of the existing permit from South Harbour Village Associates, LLC. Upon completion of construction, Hagood Homes of Wilmington, Inc., would be able to submit a request to transfer the permit to the Association. Please note that per 15A NCAC 02H.1045 of the 2017 stormwater rules and G.S. 143-214.7(c2), permit transfer applications shall be accepted by the Division under the following scenarios: I. Upon the request of the current and proposed permittee, where both the current and proposed permittee sign the transfer application. 2. Upon the request of the current permittee to the HOA or POA, where only the current permittee signs the transfer application. This option requires that the project is in compliance with the permit. Specific submittal requirements are listed in G.S.143.7(c2). 3. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in G.S.143.7(cS). In this case either scenario #1 or #3 would be appropriate for the transfer of the permit from South Harbour Village Associates, LLC to Hagood Homes of Wilmington, Inc. The transfer application form is available on our website at: https://deq.nc.gov/about/divisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program Zpost-construction. The transfer application form explains the submittal requirements for each type of transfer that is available. "'" ��� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources NORTH CAMUNn Q. E Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 990121 Page 2 of 2 It is the responsibility of South Harbour Village Associates, LLC to complete, sign and submit the permit transfer form and it is the responsibility of Hagood Homes of Wilmington, Inc. to either sign the transfer form and accept the existing permit or apply for a new permit in order to develop the last condominium building. Please discuss the situation with each other and with the consultant, and come to an agreement as to how you want to handle this situation. If Hagood Homes of Wilmington, Inc. does not plan to construct the last building, or if they have conveyed that property in its entirety to the Association as common area, then DEMLR will accept a transfer application from South Harbour Village Associates, LLC to transfer the permit to the Association, under scenario #2, without the signature of the Association, as per SL 2011-256. Please provide a response to this Office before October 11, 2019. Please note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties. If you have any questions or need assistance in determining which scenario applies to your situation, please contact me in the Wilmington Regional Office, at telephone number (910) 796- 7215 or via email at linda.lewisOncdenr.aov. Sincerely, As&;u4" Linda Lewis, E.I. Environmental Engineer III GDS/arl: G:\\\Stormwater\Permits & Projects\1999\990121 LD\2019 091etter_Hagood 990121 CC: WiRO Stormwater Permit File Mike Broyhill, PE, CSD Engineering (via email: milce@csd-engineering.com eering.com) Navigation Point at South Harbour Village Condominiums Unitowners Association, Inc. James E. Kenny, Director and Registered Agent 106 S. East Street Raleigh, NC 27601-1537 Lewis,Linda From: Lewis,Linda Sent: Wednesday, September 11, 2019 9:49 AM To: 'Mike Broyhill' Subject: Navigation Point Mike: I discussed the situation with Dan Sams, and we agree that Hagood Homes should be the permittee if they are planning to build the last condominium building. I'll contact Hagood Homes to see what the plan is and to make them aware of their obligations. As long as Hagood Homes owns that last condo building development parcel, Hagood Homes must also hold the permit in order to build that building. If Hagood Homes will not build the last building and will convey or has already conveyed the undeveloped property to the HOA as common area, then we think we can process a transfer application from South Harbor Associates to the HOA. We would need to see evidence of property conveyance from Hagood Homes to the HOA as part of the transfer. Linda 04/28/2005 $2,000.00 34 B.=,wick c,,=tv--Register of Deeds pTIN <.�. Robert 3. Robinson �LNd �'�i, ' , Raai Estate � • Inst #262651 Book 213a of g� J O �✓ O Excise Tax 04/27/2005 04:35:02pn Rec# .1- --CK,^r,if C'\"i Rf,F BY_ NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 2,000.00 Parcel Identifier No. 236LB036 &236EB03-i Verified by County on the_ day of 20 By: Mai]Box to: Jeffrey W. Porter, Jeffrey W. Porter, P.C., 711 Princess Street, Wilmington, NC 28401 This instnmrent was prepared by: Jeffrey W. Porter, P.C., 711 Princess Street, Wilmington, NC 28401 Brief description for the Index: LT 35R AND 36R, SOUTH HARBOUR VILLAGE THIS DEED made this 22nd day of April 20 05, by and between GRANTOR CAPE; FEAR LANDING, LLC a North Carolina Limited Liability Co. HAGOOD HOMES OF WILMINGTON INC. P.O. Box 1369 Wrightsville Beach, NC 28480 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNTESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Oak Island Township, Bnmswick County, North Carolina and more particularly described as follows: See Attached The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book 31 page 240 NC Bar Association Form No. 1-3 ®1976, Revised 0 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 SotiPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 i5 AUX CON OR WL '1 N , 3 Le L F 03 1P (S— K t1- 1-N SL'F tNT 03-1 -ik-3 Izist # 262b51 Book 2132Page- 1201 The property hereinabove described was acquired by Grantor by instrument recorded in .............. ...... .... ................................... A map showing the above described property is recorded in Plat Book ..:...........3,1_ ...... ..... ... page .......... 24.0 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee Simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and Restrictions of Record Current year Ad Valorem Taxes. If access to the property is via a private street or right of way, then conveyed hereby is the right to use the street or right of way for access to the property. IN WITNESS WBEREOF, the Grantor bag bereunto set his hand and cal, Or if corporate, has caused this Instrument to be signed to its corporate acme by its duly a¢thorlaad ofneers sad Its seal to be hereunto affixed by authority of its Board of Directors, the day and year fins above wrktea. CAPE FEAR LANDING, LI.C-----------------------------(aw 1 (Corporate Name) A C a By:------•--------------------------------------------------- W BY- --�. -�I, C Mark. Brisson a `�•. %yam s x r lylr: ---------------------- Brunswick '• '"d•.i../ ------------------------------------ BrL-�a ATTEST: ---- s----_a_ -------------------------------------------------------------- ----------------------------secretary (corporate Seal) --------------- id N-IG R �_ Z^O U SEAL -STAMP NORTB CAROLNA, _-_`___--__—_______-___________County. No.;-T�•��•V.� (.aA nr aa ERAALL)) o.+u puN r I, a Notary Public of the County and state aforesaid. certify that MukJTrissomMemberfManaaer-of CAPE FEAR LANDINGtLLC-- - -- - --- ------ ------------------------------------- Grantor, personally appeared before me this flay and acknowledged th?etiou of me for ofng eat. Witness mY 22nd 2hand sad alOclal stamp or seal,thls ______ _ dayof ______-__///J/_'--- -- _My commisNoa expires:______ v __ _ _ _ ____________ Notary Public SRAX-STAMP NORTH CAROLINA----------------------------------- County. I. a Notary Public of the County and state aforesaid, certify that -_-__-------_____________________________ y� personally came before me this day and acknowledged that _-__ he L - Seeretmy of STATE OF NORTHC9AROLINA COUNTY OFBRUNSWICK ELIZABETH COLLINS SIRLS The Foregoing (or annexed) Certificate(s) of Notary(ies) Public is (are) Certified to be Correct. 27th April 2005 This Instrument was filed for Registration on this _ Day of r in the Book and page shown on the First Page hereof. C� ROE J. RO INSON, Register of Deeds _ ____________--------- — ------- -$DEE—DB —OR---------------------------- By ___________________________________________________________________Dputy/Assistant-Resister of Deads N. C. Her Assoc. Form No. L-3 C 1976, Revised ©1977 NCBA 001 ° .. I .. •I' Inst # 262651 Book 2132Page: 1202 Exhibit "A" Page three of four TRACT THREE: BEING ALL OF LOT 35 of SOUTH HARBOUR VILLAGE, as the same is shown on that map prepared by Tide Water Engineering and Surveying, P.A_, entitled "Survey for South Harbour Village", said map having been recorded on April 7, 1999, in the Office of the Brunswicic County, North Carolina, Registry in Map Cabinet 21 at Page 87, reference to said map being hereby made for a more particular description of the said above described lot. However, any reference on sai6 map to impervious area allowances or calculations for said lot is expressly made subject to terms and conditions of that certain State Storniwater Management Permit No. SW8 990121 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot#35---------------------------- 3, 421 square feet The above lot is conveyed together with and subject to all easements and rights of way as are shown on said recorded map. Specifically and without limitation, said lot is subject to a pedestrian easement shown'on said map which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South Harbour Village. Barnes Bluff Homeowner's Association, Inc., shall be responsible for the maintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Villaga. While pedestrian ase is allowed to resic:ients of Barnes Bluff Subdivision and the owners of Lots 33, 34, 35, and 36 of South Harbour Village, only the owners of the said Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to have vehicular access to and vehicular use of the pedestrian easement shown on said map. The said owners of Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to restrict vehicular use of the said access so long as such restriction does not violate any local, state, or federal rule, law, ordinance, or regulation. RECp D TO� DrpNce QALI Exhibit "A" Page four of four TRACT FOUR: Inst # 262651 Book 2132Page: 1203 BEING ALL OF LOT 36 of SOUTH HARBOLR VILLAGE, as the same is shown on that map prepared by Tide Water Engineering and Surveying, P.A., entitled "Sr:rvey for South Harbour Village", said map having been recorded on April 7, 1999, in the Office of tl:e Brunswick County, North Carolina, Registry in Map Cabinet 21 at Page 87, reference to said map being hereby made for a more particular description of the said above described lot. However, any reference or said map to impervious area allowances or calculations for said lot is expressly made subject to terms and conditions of that certain State Stormwater Management Permit No. SW8 9901211 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot #36---------------------------- 4, 730 square feet The above lot is conveyed together with and subject to all easements and rights of way as are shown on said recorded map. Specifically and without limsitation, said lot is subject to a pedestrian easement shown on said map which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South Harbour Village_ Barnes Bluff Homeowner's Association, Inc., shall be responsible for the maintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Village. While pedestrian use is allowed to residents of Barnes Bluff Subdivision and the owners of Lots 33, 34, 35, and 36 of South Harbour Village, only the owners of the said Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to have vehicular access to and vehicular use of the pedestrian easement shown on said map. The said owners of Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to restrict vc icular use of the said access so long as such restriction does not violate any loca, state, or federal ruie, law, ordinance, or regulation. Ay12D04I:3H VC= LDES9-8-04 RECORD OF POOR QUALr y DUE To CONDII ON OF ORIGINAL Imt # 262651 Book 2132Page: 1204 FURTHER SUBJECT TO the following COVENANTS, CONDITIONS, AND RESTRICTIONS: ARTICLE I USE RESTRICTIONS Section 1. Land Uses Building Type-, "Built Upon Area Limitation " No lot herein -above described, or any part or portion thereof (the "property") shall be used except for such residential purposes as are herein specified. No building shall erected, altered, placed or permitted to remain on each or any of the lots herein described except for one building containing no more than two dwelling units and not to exceed two and one-half stories in height. Any building and all other structures, improvements, planting, shrubbery, and/or landscaping, erected, altered, placed or permitted to remain on each or any of the said lots shall be subject to the provisions of Section 5. hereinafter following. Each lot conveyed hereby is and shall remain subject to the terms, provisions, and conditions of State Storm water Management Systems Permit No. SW 8 990121, as issued by the State of North Carolina, Department of Environment and Natural Resources, Water Quality Division. Further, the maximum Built Upon Area for the property shall be as is defined by and shall be subject to and controlled by the storm water runoff regulations adopted by the State of North Carolina. Specifically, the Built Upon Areas for the lots conveyed hereby shall be as follows: Lot # 33--•----------- ----- 4,387 square feet Lot # 34----------------------- -- 3,602 square feet Lot # 35------------------- ---- 3,421 square feet Lot # 36------------- —----- —----- --- 4,730 square feet The covenants and restrictions set forth herein are intended to ensure the ongoing compliance with all existing State Stormwater Management Permits as issued by the Division of Water Quality. The State of North Carolina is hereby made a beneficiary of these covenants and restrictions to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time and to maintain compliance with the above noted storm water management permit(s). These covenants and restrictions shall run with the land and be binding upon all persons and parties claiming under them. The Built Upon Area for each Lot shall that which has been established by the said State, unless and until the State of North Carolina shall revise its storm water runoff regulations to permit a greater Built Upon Area for such Lot or Lots. For purposes of this section, the allowable "Built Upon Area" shall include that portion of the right-of-way between the front lot line and the edge of the pavement. Further, built upon areas shall include, but not be. limited to, structures, pavement, walkways of asphalt, concrete, gravel, brick, stone, slate, or coquina, but shall not include raised, open wood or synthetic material decking, or the water surface of a swimming pool. Any lot owner may, in accordance with applicable government regulations, borrow from another lot owner any Built Upon Area which is not being utilized by the other owner, without the approval of any other lot owner(s) not involved in such transaction. Provided, however, the written approval of South Harbour Village Associates, LLC, or its designee, successor, or assign must be first obtained. Any covenants pertaining to storm water regulations may not be changed or deleted without the concurrence of the Division of Water Quality of the North Carolina Department of Environment and Natural imt # 262651 Book 2132Page: 1205 Resources. Lots within the Area of Environmental Concern (AEC) of Coastal Area Management (LAMA) may have the built -upon area reduced to CAMA jurisdiction within the AEC. Alteration of the drainage as shown on the approved plan shall not take place without the concurrence of the State of North Carolina, Furthermore, all drainage easements, and/or any portion thereof which is located on any portion of any lot shall be preserved, protected, and maintained by the owner of said lot. Further, the filling in or piping of any vegetative conveyances (ditches, swales, etc.) within or used by the subdivision, except for average driveway crossings, is strictly prohibited. Each lot will maintain a thirty (30) foot wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least thirty(30) feet from the mean high water mark. With respect to any curb and gutter located within the subdivision, the following additional restrictions shall apply: (A) Filling in, piping or altering any designated 5:1 curb outlet swale associated with the subdivision is prohibited by any person or persons. (13) With respect to any curb outlet system, each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100 feet long with a 5:1 (H:V) side slope or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. Section 2. Nuisance. No noxious or offensive activity shall be conducted upon the property nor shall anything be done thereon which may be or may become an annoyance or nuisance to adjacent or surrounding property owners or the neighborhood. Section 3. Animals. Dogs and cats maybe kept or maintained on said lots provided that they are not kept or maintained for commercial purposes. Other animals typically kept as household pets may, with the express written approval of South Harbour Village Associates, LLC, or its designee, successor, or assign, be kept or maintained on said lots, again provided that they are not kept or maintained for commercial purposes. Section 4. Outside Antennas. No outside radio or television antennas or receiving device of any type whatsoever shall be erected on the property unless and until permission for the same has been granted in writing by South Harbour Village Associates, LLC, or its designee, successor, or assign. Section 5. Architectural Approval. No building, fence, wait nor other structure, nor any improvement, planting, shrubbery, and/or landscaping, shall be commenced, erected, placed or maintained on any lot herein described, or any portion thereof, nor shall any exterior addition to or change or alteration therein or thereto be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to all matters, including, without limitation, harmony of external design and location to surrounding structures and topography by South Harbour Villages Associates, LLC, or its designated Architectural Review Committee, or their successors in interest. In the event the said South Harbour Villages Associates, LLC, or its designated Architectural Review Committee, or their successors in interest, fails to approve or disapprove such design and location within thirty (30) days after receipt of same by South Harbour Villages Associates, LLC, approval will not be required and this Section will be deemed to have been fully complied with. 7nst # 262651 Book 2132Page: 1206 ARTICLE II GENERAL PROVISIONS Section 6. Enforcement. South Harbour Village Associates, LLC, and its successors in title and its successors in equity interest. South Harbour Master POA, Inc., as to all covenants, terms, restrictions and conditions as may be established by the said Master Association; and, where applicable, the State of North Carolina, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these restrictions and covenants. Failure by the said South Harbour Village Associates, LLC, and its successors, South Harbour Master POA, Inc., and/or by the said State, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 7. Master Association. The party of the second part herein, and all future owners of the lots herein conveyed, or any interest or estate in said lots or any part thereof, acknowledge that Point Associates, LLC, the developer of South Harbour Village intends to form a Master Association to be known as South Harbour Master POA, Inc., or similar, and that said Master Association shall have the power and authority to levy assessments upon the owners of property within the development, and/or upon the various homeowner and/or property owner associations which govern the various portions of the development, which assessments shall be for the purpose of maintaining and improving the whole of the development. The terms and provisions of any Master Declaration adopted and recorded shall be binding upon and inure to the benefit of the party of the second part herein, and its successors and assigns. Section S. Common Amenities: Point Associates, L.L.C., developer of the development known as South Harbour Village, may construct a clubhouse, pool and/or tennis courts, which, if constructed, shall be common amenities for the use and benefit of members of the South Harbour Master POA, Inc. and their respective members In good standing. It is understood and agreed that the amenities above described are not forthe exclusive use of the owners of the lots herein described but that such lot owners if and when qualified and all dues paying owners (in good standing within their respective Association) within the other, development areas established throughout the master development known as "South Harbour Village", including, by way of illustration and not limitation, Westport at South Harbour Village, Glen Cove at South Harbour Village, Village Green Town homes at South Harbour Village at Westport, and Barnes Bluff, have the right to use such amenities. Section 9. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 10. Amendment. The covenants and restrictions herein set forth shall run with and bind the land, for a term of fifteen (15) years from the date of the recordation hereof, after which time they shall be automatically extended for successive periods of ten (10) years. However, the covenants and restrictions herein set forth, or any of them, may be amended during the first fifteen (15) year period by an instrument signed by South Harbour Village Associates, LLC, or its successors. Nothing in this Section 10 shall be construed to prevent South Harbour Village Associates, LLC, and/or its successors andlor assigns making additional properties subject to these restrictions and covenants. Any amendment must be recorded. Section 11. Easements. South Harbour Village Associates, LLC, for itself and its successors and assigns reserves for the benefit of all public or private utilities which will serve the future development of said realty , easements to Inst # 262651 Book 2132Page: 1207 be later defined for the provision of water, sewer, fire protection, police protection, refuse removal, electrical power, telephone, cable television, and any other services to be provided for the benefit and enjoyment of the property and/or unit owners in that development known generally as South Harbour Village, includ�, g South Harbour Village Associates, LLC. STATE OF N RTH.CAAOt �k�a Co11NT1 OP SRMWICK This Instretaeat has.datdfided for. Replstason Ec the Date, Ti®9 and in Thesna and Pays shnRaer!hr•F"3tA91 hereof, +09 is pelrjte4rrned fer . Yuur'safef3EFluq. mar]'J Robiq ga;:82g1g1P; ntDEads; Excise Tax: $ 2,400.00 Brunsawi-k County —Register cf DePds Robert J. Robinson Inst #307069 Book 2300Pacre t392 12/19/2005 03:40:47pm Rec#C I �5- 1J&(L ' 12/20/2005 $2,400.00 19 sT11 ps�� G r Heal irstete ` exckSe'-ax NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. Verified by County on the ____ day of _ 120 Mail/Box to: Jeffrey W. Porter, Jeffrey W. Porter, P.C., 711 Princess Street, Wilmington, NC 28401 This instrument was prepared by: Jeffrey W. Porter, P.C., 711 Princess Street, Wilmington, NC 28401 Brief description for the Index: LT 33 & 34, SOUTH HARBOR VILLAGE THIS DEED made this 16th day of December 20 O5, by and between GRANTOR CAPE FEAR LANDLNG, LLC a North Carolina Limited Liablity Co. GRANTEE HAGOOD HOMES OF WILMINGTON rKC P.O. Box 369 Wrightsville Beach, NC 28480 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel ofland situated in the City of Southport Township, New Hanover County, NorthCarolma and more particularly described as follows: 5004 & 5006 O'Quinn Blvd., Southport, NC as more fully described in the attached Exhibit "A". The property hereinabove described was acquired by Grantor by instrument recorded in Book 2009 page _ 1210 A map showing the above described property is recorded in Plat Book 31 page 450 NC Bar Association Form No. L-3 © 1976, Revised ® 1977, 2002 Printed by Agreement with the NC Bar Association —1981 Suffto Corporation, 333 E. Six Forks Rd, Raleigh, NC 27609 10. ao8�-14-q4- 163 3 RET I P-M TOTAL 6% -_REV4+-a- TC#_5_ REC#- CK AMIet!XK# CASH -REF_.. R _,_.. �- s Inst # 307069 Book 230OPaW: 1393 The property hereinabove described was acquired by Grantor by instrument recorded in BoakN.09.-F.W..12.1.0................... A map showing the above described property is recorded in Plat Book..............11................ page..........4,5.0 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee ,simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Easements and Restrictions of Record. Current year Ad Valorem Taxes. If access to the property is via a private street or right of way, then conveyed hereby is the right to use the street or right of way for access to the property. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused thta Instrument to be .lined In its corporate, name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board at Directors, the day and year first above Written- , -- �e CAPE FEAR LANDING, LLC-----------------------------(sRAf) (torporate Name) z b Bye----------------------------------------------------------- 0 -B-Y_:- -- -- ------------------------------------------'(SEAL) ____________________________President Mark sson i ATTRST7 Q ____________________.._-_________-______________________--_-_-(6P ►L) ------------------------------------------------------------- ____________________________Secretary (Corporate Seal) S I.�ISdO►ssnl/�1�1 NORTH CAROLINA- _________ New H_anOVC_I -_County. S 'V�•e+ss ee�s,fr x 1, a Notary Public of the County and state aforesaid, certify thatZ. 19..�]1SSDI1,.emb.CriMallHQer.Of__ w : NOTA s "� CAPE FEAR LANDING. LLC - - ---- - - - - -- - ----------- personally-- GrahWr. • ---------------------------------- � • �pUBL,C appeared before me this day and acknowledged7tution at g Insttnment. Witness ray t '.i �1 t hand and official stamp or seal. this __ 1 f?_ day of -----r L-- - - - CU;*' My commission expires:lhSJ./.5�_"" ' ______-- Notary Public _________________ __ __ ___ _________ �enataw•s� x SRAL-STAigIP NORTR CAROLINA_------------------------------____County. 1, a Notary Public of the County and State aforesaid, certify that -------------------------------- __________ ■ rationally came betake me this day and acknowledged that _-__ he is --------------------------- Secretary of A ------------------------------------------------------- a North Carolina corporation, and that by authority duly given and as the net of the corporation, the foregoing instrument was signed in its name by Its _______________ President, sealed waitits corporate seal and attested by ----------- as its ___________________________ secretary. D Witness my hand and official stamp or seal, this ------- day of _________________________________--___. ldycommission expires: ______________________________________________________________________ Notary Public �art0 The foregoing Cerurlcate(s) of_______________________________________________________________________________________________-----__________ ______________________________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________ 1s/are certified to be correct. This Instrument and this certificate an duly registered at the date and time and In the Rook and Page shown on the Sint page hereof. _____________________________________________________ -_--_-_-__-___-___REGISTER OF DRRDS FOR -------- _--------------------------- COUNTY By ___________________________________________________________________Deputy/Aniatsnt-Register of Deeds N. C. Bar Assoc. Form Na. L-3 ©1976, Revised @ 1977 NCBA 001 \ )l 1 - 1 - 1 ` . Inst # 307069 Book 2300Page: 1394 Exhibit "A" BEING all of Lots 33 and 34 of NAVIGATION POINT AT SOUTH HARBOR VILLAGE, as the same is shown on that map recorded in Map Book 31, Page 450 of the Brunswick County Registry, reference to which is hereby made for a more particular description. SUBJECT TO AND TOGETHER WITH those restrictions recorded in Deed Book 2009, .Page 1210, aforesaid County Registry. F--A*' s,23 v- a$ . SSpa gSg�}g11 gS.fil9 3 z s, ^1 �,...1•,,,,..,Yo,-- 31 N Eli. 44 N M NC Crtld NAO'T, `_ u W o 4 Lewis,Linda From: Mike Broyhill <mike@csd-engineering.com> Sent: Friday, August 09, 2019 9:17 AM To: Lewis,Linda Cc: Howard Resnik; 'Amy P. Wang' Subject: [External] Permit transfers for South Harbour Village Marina and Navigation Point Condominiums Linda, Good morning. I wanted to update you on where we are with the transfers for South Harbour Village Marina (SW8 980508) and Navigation Point Condominiums (SW8 990121). I am waiting on signature pages from current and proposed permittees for the Navigation Point transfer. I believe we had a deadline of 8/11 to get this in to you. We respectfully request an extension for this submittal. This is a fairly straightforward one, only four lots, so it should not require much time to assemble once I receive the signature pages for the transfer application. Regarding South Harbour Village Marina, we are still working through the issues you identified with the commercial buildings and the duplex lots that were subdivided. As I have previously mentioned, the downspouts on the buildings along Dutchman Creek have been redirected so that roof runoff is directed to the collection system and not off the rear of those lots. The infiltration basin has been maintained, and the mound of built up sediment that was at the mouth of the inlet pipe has been removed. As soon as the basin draws down from some recent rain they will be replacing the rip - rap apron at the mouth of the pipe. This should take care of all issues except for the BUA allocations for the commercial and duplex lots. I plan on making a trip down there next week to look at the commercial buildings and see where the roof runoff is being directed to. I will follow up with you after my inspection and let you know the status. We can then put together the modification paperwork to address the BUA allocations and get everything straight so that the permit can be transferred. Thank you for your consideration and assistance as we work to get this permit in compliance. Have a great day! Mike Broyh?II Engineering Technician/Inspector D 3805 Cherry Avenue Wilmington, NC 28403 910 7914441 office 910 471 5613 mobile 910 791 1501 fax mikea-csd-engineering.com www.csd-engineering.com PLEASE NOTE THAT MY EMAIL ADDRESS HAS CHANGED. 2 rrA M Sl:pZ rn O.DT aH 1A. 'p M rp 611 rrl 1 17 rn P ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH kuvrhn D&wctar June 11, 2019 NORTH CAROLINA Env&w mental Quality South Harbour Village Associates, LLC (current permittee) Attn: Wilmington Holding Corp, Managing Member Thomas Nuzio, Vice President 1295 Northern Boulevard, Suite 17 Manhasset, NY 11030 Southport Waterfront Properties, LLC (formerly Cape Fear Landing, LLC - subsequent owner #1) Attn: Mark Brisson, Member 6752 Gordon Road Wilmington, NC 28411 Hagood Homes of Wilmington, LLC (subsequent owner #2) Attn: Clifford T. Zinner, Vice President 106 S. East Street Raleigh, NC 27601-1537 Navigation Point at South Harbour Village Condominiums Unitowners Association, Inc. (subsequent owner #3) Attn: James E. Kenny, Director and Registered Agent 106 S. East Street Raleigh, NC 27601-1537 Subject: Notice of File Review Inspection and Request for Transfer South Harbour Village Lots 33-36 aka Navigation Point at South Harbour Village State Stormwater Permit No. SW8 990121 Brunswick County Dear Messrs. Nuzio, Brisson, Zinner and Kenny: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On June 4, 2019, the Wilmington Regional Office of DEMLR conducted a file review of the subject project currently operating under Stormwater Management Permit Number SW8 990121 originally issued to South Harbour Village Associates, LLC on January 29, 1999. This permit covers the low density development of 4 lots (33-36) as shown on that plat recorded on April 7, 1999 in Map Cabinet 21 at Page 87. DEMLR's research based on a review of the Brunswick County GIS database revealed that the ownership of the property covered by this permit has changed several times, each time without notifying the Division or receiving the approval of the Division. Please reference the attached Project History for the specific details of the owners, the associated dates that ownership changed and the associated deed book and page numbers for the recorded documents. Please note, the Division had previously requested by letter dated February 8, 2006, that you submit a Name/Ownership Change Form, but nothing was received in response to that request. Per Schedule of Compliance Condition 11.11 of the permit, the permittee must submit a modified permit application to the Division and receive approval prior to transferring ownership of the permit. In addition, per General Condition 111.5 of the permit, the permittee must submit a formal permit transfer request to the Division. The conveyance of property, in whole or in part, to a new owner does not constitute automatic conveyance of the stormwater permit. E Qj North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 990121 Page 2 of 2 Based on this information, the 4 properties were all conveyed subject to membership in the Navigation Point at South Harbour Village Condominiums Unitowners Association, Inc., and the common areas have been conveyed to the Association. Please note that per 15A NCAC 02H.1045 (the 2017 stormwater rules) and G.S. 143-214.7, permit transfer applications shall be accepted by the Division under the following scenarios: 1. Upon the request of the current and proposed permittee, where both the current and proposed permittee sign the transfer application. 2. Upon the request of the current permittee to the HOA or POA, where only the current permittee signs the transfer application. This option requires that the project is in compliance with the permit. Specific submittal requirements are listed in G.S.143-214.7(c2). 3. Upon the request of a successor owner of the property on which the permitted activity is occurring or will occur. Specific submittal requirements are listed in G.S.143-214.7(c5). The transfer application form is available on our website at: https://dea.nc.goy/about/divisions/energy-mi nera I-land-resources/energy-m inera I-land- rules/stormwater-program/post-construction. The transfer application form explains the submittal requirements for each type of transfer that is available. It is the responsibility of South Harbour Village Associates, LLC to complete, sign and submit the permit transfer form. Please submit the transfer application to this Office before July 11, 2019 along with the required fee and documentation listed on the form. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties. If you have any questions or need assistance in determining which scenario applies to your situation, please contact me in the Wilmington Regional Office, at telephone number (910) 796-7215. Sincerely, a &" �ct/z U /" Linda Lewis, E.I. Environmental Enginccr III J GDS/arl: G:\\\Stormwater\Permits & Projects\1999\990121 LD\2019 06 CEI_addinfo 990121 cc: James E. Kenny, Hagood Homes of Wilmington, Inc. (1908 Eastwood Road Suite 324 Wil NC 28403) WiRO Stormwater Permit File Property Owners: Francis De Poortere (5004-B O'Quinn Blvd. Oak Island, NC 28465) Scott and Melissa Bovit (5004-A O'Quinn Blvd. Oak Island, NC 28465) Maryann Henderson (5002-B O'Quinn Blvd. Oak Island, NC 28465) Sarah O'Hanlon (5002-A O'Quinn Blvd. Oak Island, NC 28465) Stephen Hix and Lynn Mauro (5000-13 O'Quinn Blvd. Oak Island, NC 28465) Jon and Tammie Lazeau (5000-A O'Quinn Blvd. Oak Island, NC 28465) North Carolina Secretary of State Search Results Page 1 of 2 -.File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Southport Waterfront Properties, LLC Prev Legal Name Cape Fear Landing, LLC Information Sosld: 0705299 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/31/2003 Registered Agent: Brisson, Mark Addresses Mailing 6752 Gordon Road Wilmington, NC 28411-8464 Reg Mailing 6752 Gordon Road Wilmington, NC 28411-8464 Company Officials Principal Office 6752 Gordon Road Wilmington, NC 28411-8464 Reg Office 6752 Gordon Road Wilmington, NC 28411-8464 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Mark Brisson 6752 Gordon Road Wilmington NC 28411 https://www.sosnc.gov/online services/search/Business Registration_Results 6/5/2019 67) LIMITED LIABILITY COMPANY ANNUAL REPORT ro!2oi7' NAME OF LIMITED LIABILITY COMPANY: Southport Waterfront Properties, LLC Fling Office Use Only SECRETARY OF STATE ID NUMBER: 0705299 STATE OF FORMATION: NC E - Filed Annual Report REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Brisson, Mark 2. SIGNATURE OF THE NEW REGISTERED AGENT: CA201914201344 5/22/2019 03:58 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 6752 Gordon Road 6752 Gordon Road Wilmington, NC 28411-8464 New Hanover County Wilmington, NC 28411-8464 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 443-3128 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 6752 Gordon Road 5. PRINCIPAL OFFICE MAILING ADDRESS 6752 Gordon Road Wilmington, NC 28411-8464 Wilmington, NC 28411-8464 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Mark Brisson TITLE: Member ADDRESS: 6752 Gordon Road NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: Wilmington, NC 28411 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Mark Brisson 5/21/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Mark Brisson Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0625 SOSID:0705299 Date Filed: 9/27/2004 2:49:00 PM i State of North Carolina Elaine F. Marshall Department of the Secretary of State North Carolina Secretary of StateC200418900156 E Limited Liability Company AMENDMENT OF ARTICLES OF ORGANIZATION Pursuant to 1 �7C -22 of the General Statutes of North Carolina, the undersiened limited liability company hcrehti submit; the mllo�0sns! :Articles of :Amendment for the purpose of amending its Articles of Organization. a The name of the limited liability company is: Cape Fear Landing, LLC The teit of each amendment adopted is as follows (attach additional pages if necessary): 5oain pCY t Naier ron r P,c pe r t t e s, L-L(- The name Cape Fear Landing, LLC, is to be changed to , effective July 2, 2004, From this Ju�,ffyw+ VVe erfiostt PoTperfies,U,(, date forward the name of the LLC will be Gsevenar%, LLC. ((-heck either a or b. whichever is applicable) a. The amendment(s) ,was (were) duty adopted by the unanimous vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company. b. The amendment(s) was (were) duly adopted by the unanimous vote of the members of the Limited liabilit" comnam or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating W-1 reenre nt. These articles will be effective upon filing, unless a date and/or time is specified: This the 2 day of July 1 20 04 Cape Fear Landing, LLC .Fame of Limited Liability Company Signature Mark Anthony Brisson -Member and Organizer Tvpe or Print ,Name and Title Fled 712-Icy N0TLS: I. P4irr -T`ee--& This document must be filed with the Secretary of State. (Revised.lunuarv'000) (Vorn) L-I _1 CORPORATIONS DIVISION P. O. BOAC 29622 RALEIGH, NC 27626-0622 North Carolmi a Secretary of State Search Results Page 1 of 1 - File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Cape Fear Landing Development, LLC Information Sosld: 0816069 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/6/2005 Registered Agent: Brisson, Mark Addresses Mailing 6752 Gordon Rd Principal Office 6752 Gordon Rd Reg Office 6752 Gordon Rd Wilmington, NC 28411-8464 Wilmington, NC 28411-8464 Wilmington, NC 28411-8464 Reg Mailing 6752 Gordon Rd Wilmington, NC 28411-8464 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member MARK A BRISSON 6752 Gordon Road Wilmington NC 28411 https://www.sosne.gov/online_services/search/Business_Registration_Results 6/5/2019 `{ LIMITED LIABILITY COMPANY ANNUAL REPORT 10/2017 NAME OF LIMITED LIABILITY COMPANY: Cape Fear Landing Development LLC SECRETARY OF STATE ID NUMBER: 0816069 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: gni Q SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Brisson, Mark 2. SIGNATURE OF THE NEW REGISTERED AGENT: E - Filed Annual Report 0816069 CA201914201342 5/22/2019 03:58 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 6752 Gordon Rd 6752 Gordon Rd Wilmington, NC 28411-8464 New Hanover County Wilmington, NC 28411-8464 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Land Development 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 443-3128 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 6752 Gordon Rd 5. PRINCIPAL OFFICE MAILING ADDRESS 6752 Gordon Rd Wilmington, NC 28411-8464 Wilmington, NC 28411-8464 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: MARK A BRISSON TITLE: Member ADDRESS: 6752 Gordon Road Wilmington, NC 28411 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D:. CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. MARK A BRISSON 5/20/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. MARK A BRISSON Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 0kC1 BUSINESS CORPORATION ANNUAL REPORT zo.7 NAME OF BUSINESS CORPORATION: SECRETARY OF STATE ID NUMBER: 056086 Hagood Homes of Wilmington, Inc. 3 STATE OF FORMATION: NC Filing O"ce Use Only E - Filed Annual Report 0560863 REPORT FOR THE FISCAL YEAR FND: 1 2/31 /201 7 CA201B07204474 311312018 04:29 SECTION A: REGISTERED AGENT'S INFORMATION C Changes 1. NAME OF REGISTERED AGENT: Zinner, Clifford T. 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 106 S East Street Raleigh, NC 27601-1537 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION 4. REGISTERED OFFICE MAILING ADDRESS 106 S East Street Raleigh, NC 27601-1537 1. DESCRIPTION OF NATURE OF BUSINESS: Construction 2. PRINCIPAL OFFICE PHONE NUMBER: (919) 821-9355 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 106 S East Street 5. PRINCIPAL OFFICE MAILING ADDRESS 106 S East Street Raleigh, NC 27601-1537 Wake County Raleigh, NC 27601-1537 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Troy Kenny TITLE: Secretary ADDRESS: 1908 Eastwood Road Suite 324 Wilmington, NC 28403 NAME: Clifford T Zinner TITLE: Vice President ADDRESS: 106 S East St Raleigh, NC 27601 NAME: ,James Kenn TITLE: Treasurer ADDRESS: 1908 Eastwood Road Suite 324 Wilmington, NC 28403 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business enti y. amen Kenny 3/ 13/ 20 1 8 SIGNATURE DAVE Form must be signed by an officer listed under Section C of this form. James Kenny Treasurer Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 -North Carolina Secretary of State Search Results Page 1 of 2 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Business Corporation Legal Name Hagood Homes of Wilmington, Inc. Information Sosld: 0560863 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 8/16/2000 Fiscal Month: December Registered Agent: Zinner, Clifford T. Addresses Mailing 106 S East Street Raleigh, NC 27601-1537 Reg Mailing 106 S East Street Raleigh, NC 27601-1537 Off icers Treasurer Principal Office Reg Office 106 S East Street 106 S East Street Raleigh, NC 27601-1537 Raleigh, NC 27601-1537 .lames Kenny 1908 Eastwood Road Suite 324 Wilmington NC 28403 Secretary Troy Kenny 1908 Eastwood Road Suite 324 Wilmington NC 28403 Vice President Clifford T Zinner 106 S East St Raleigh NC 27601 Stock https://www.sosne.gov/online—services/sea,rch/Business Registration —Results 6/4/2019 North Carolina Secretary of State Search Results Page 2 of 2 Class: Common Shares: 100000 No Par Value: Yes https://www. so snc. gov/online_services/search/Business_Registration_Results 6/4/2019 '_-orth Carolina Secretary of State Search Results Page 1 of 1 • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings Non -Profit Corporation Legal Name NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS UNITOWNERS ASSOCIATION, INC. Information Sosld: 0860961 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 8/11/2006 Registered Agent: Kenny, James E. Addresses Mailing 1908 Eastwood Road, Suite 328 Wilmington, NC 28403 Reg Office 1908 Eastwood Road, Suite 328 Wilmington, NC 28403 Principal Office 1908 Eastwood Road, Suite 328 Wilmington, NC 28403 Reg Mailing 1908 Eastwood Road, Suite 328 Wilmington, NC 28403 https://www.sosnc.gov/online_services/search/Business_Registration_Results 6/4/2019 SOSID: 860961 Date Filed: 8/11/2006 11:28:00 AM Elaine F. Marshall j North Carolina Secretary, of State C200621900078 ARTICLES OF INCORPORATION OF NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS LWITOWNERS ASSOCIATION, INTC. The undersigned, being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a non-profit corporation under and by virtue of Chapter 55A of the General Statutes of North Carolina and the laws of the State of North Carolina. ARTICLE I NAME The name of the corporation is NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS UNITOWNERS ASSOCIATION. INC. ARTICLE II DURATION The period of duration of the corporation is perpetual. ARTICLE III PURPOSES AND POWERS The purposes and powers for which the corporation is organized are as follows: (1) To operate and manage a planned unit subdivision development known as NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS located in SOUTHPORT, BRUNSWICK COUNTY, NORTH CAROLINA. (2) To undertake the performance of, and carry out the acts and duties incident to the administration of the operation and management of, NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS UNITOWNERS ASSOCIATION, INC. in accordance with the terms, provisions, conditions and authorization contained in both these Articles and in the Declaration of Covenants, Conditions and Restrictions which shall be recorded in the Public Records of New Hanover County, North Carolina, at such time as the real property and the improvements thereon are submitted to said Declaration; (3) To make, establish and enforce reasonable rules and regulations governing the use of subdivision development, common elements, land, and other real and personal property which may be owned by the Association itself, (4) To make, levy and collect assessments against unit owners; to provide the funds to pay for common expenses of the Association as provided in the Declaration of Covenants, Conditions, and Restrictions and to use and expend the proceeds of assessments in the exercise of the powers and duties of the Association; to use said assessments to promote the recreation, acquisition, improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the common areas, including but not limited to the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management, supervision thereof the maintenance of insurance in accordance with the Bylaws, including the employment of attorneys to represent the Association when necessary for such other needs as may arise; (5) To maintain, repair, replace and operate the properties for which the Association is responsible; (6) To enforce by any legal means, the provisions of the Declaration of Covenants, Conditions and Restrictions, the Bylaws of the Association, and the rules and regulations for the use of the Association property-; (7) To contract for the management of the recreational property and to delegate to such manager or managers all powers and duties of the Association except those powers and duties which are specifically required to have approval of the Board of Directors or the membership of the Association; (8) To have all of the common law and statutory powers of a non-profit corporation and also those powers as set out in the Declaration of Covenants, Conditions and Restrictions of NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS and all powers reasonably necessary to implement the purposes of the Association. (4) Upon dissolution, the assets of the Corporation shall be distributed as set forth in G.S. Section 55A-14-03. ARTICLE IV MEMBERSHIP 2 A. The membership of NAVIGATION POINT AT SOUTH HARBOUR VILLAGE COINDOMINIUMS L`NITOWNERS ASSOCIATION, INC. shall consist of the owners of units in -NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, the Developer, and the owners of any other lands which may be added thereto by the Developer. Membership shall be established by acquisition of fee title to a unit in NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS UNITOWNERS ASSOCIATION, INC. whether by conveyance, devise, descent, or judicial decree. A new owner designated in such deed or other instrument shall thereupon become a member of the Association, and the membership of the prior owner as to a unit designated shall be terminated. Each new owner shall deliver to the Association a true copy of such deed or instrument of acquisition of title. B. Neither one's membership in the Corporation nor a member's share in the funds and assets of the Corporation may be assigned, hypothecated or transferred in any manner except as an appurtenance to NAVIGATION POINT AT SOUTH HARBOUR VILLAGE CONDOMINIUMS. C. There shall be one class of members in the Association as provided for in the Declaration ARTICLE V DIRECTORS A. The number of Directors and the method of election of the Directors shall be fixed by the Bylaws; however, the number of Directors shall not be less than two. Directors shall be elected at large from the membership. B. The first election by the members of the Association for Directors shall not be held until after the Developer has relinquished control of the Association as set out in the Declaration of Covenants, Conditions and Restrictions. Thereafter, the election of Directors shall take place at the annual meeting of the membership as provided in the Bylaws. After the Declarant has relinquished control, there shall be a special meeting of the membership for the purpose of electing a Board of Directors to serve until the next annual meeting and until new Directors are elected and qualified. ARTICLE VI INITIAL BOARD OF DIRECTORS The number of Directors constituting the initial Board of Directors shall be two and the names and address of the persons who are to serve as the first Board of Directors are as follows: NAME ADDRESS 1. JAMES B. STOKLEY 1908 EASTWOOD ROAD, SUITE 328 WILMINGTON-, NC 28403 2. JAMES E. KENNY 1908 EASTWOOD ROAD, SUITE 328 WILMINGTON, NC 28403 ARTICLE VII TAX STATUS The Corporation shall have all the powers granted non-profit corporations under the laws of the State of North Carolina. Notwithstanding any other provision of these Articles, this Corporation hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. This Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status under Section 528, or any corresponding sections or provisions of any future United States Internal Revenue law. It is further provided that no distributions of income of the Corporation are to be made to members, directors or officers of the corporation; provided, however, that members of the Corporation may receive a rebate of any excess dues and assessments previously paid. ARTICLE VIII REGISTERED OFFICE AND AGENT The address of the initial registered and principal office of the corporation in the State of North Carolina is 1908 EASTWOOD ROAD, SUITE 328, WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA 28403, and the name of its initial registered agent at such address is JAMES E. KENNY. ARTICLE IX INCORPORATOR The name and address of the incorporator is JAMES E. KENNY, 1908 EASTWOOD ROAD, SUITE 328, WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA, 28403. ARTICLE X FINANCE The Association is not organized for pecuniary gain, nor shall it have any power to issue Certificates of stock or pay dividends. No part of the net earnings or assets of the Association shall be distributed upon dissolution, or otherwise, to any member, director, or officer of the Association. ARTICLE XI AMENDMENTS Any amendment to these Articles of Incorporation shall require the assent of one hundred percent (100%) of the voting members of the Association IN WITNESS WHEREOF, the incorporator has hereunto set his hand and seal this 2nd day of August 2006. /� _ (SEAL) � -II ORATOR r � All I I I I I I ! 1 I I I I 1 YI r N.0 GRID ll� T' wa c. ,ao s r \ A II 1 F JI VIJ I; pu.so.+u s _ n a. o V) C7 c � 1 f mm z �z_ _ m TZ= 311 L Z<C j s n 0.l < _'n 0 s 9Zz m 2 O 'U C Y o mz uI > r D m (n �7 ° c rQ = �. U) o N, m z O � coo n . O N .m« �O m W S Y03.ps. m I Y pUyrl f W M.ip.y qrg -- c. u rb .M n Aflo S, mad w4415 w y€ f I o,u 00. -M.P. > >> y S a m 1^ 9 n `f LIMITED LIABILITY COMPANY ANNUAL REPORT :cnoi7 NAME OF LIMITED LIABILITY COMPANY: SOUTH HARBOUR VILLAGE ASSOCIATES, LLC SECRETARY OF STATE ID NUMBER: 0440635 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: ?nl9 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: WASLAW, LLC 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1001 College Court New Bern, NC 28562-4972 Craven Countv SECTION B: PRINCIPAL OFFICE INFORMATION E - Filed Annual Report 0440635 CA201900701201 1 /7/2019 01:43 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 1001 College Court New Bern, NC 28562-4972 1. DESCRIPTION OF NATURE OF BUSINESS. Real Estate Delvelopment 2. PRINCIPAL OFFICE PHONE NUMBER: (516) 365-9205 3. PRINCIPAL OFFICE EMAIL: privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 1295 Northern Boulevard, Suite 17 1295 Northern Boulevard Manhasset, NY 11030-3002 Manhasset, NY 11030-3002 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: TanleX Co TITLE: Member NAME: Wilmington Holding Corp. TITLE: Managing Member NAME: TITLE: ADDRESS: ADDRESS: 1295 Northern Boulevard ADDRESS: 1295 Northern Blvd Manhasset, NY 11030 Suite 17 Manhasset, NY 11030-3002 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Wilmington Holding Corp., by Thomas A. Nuzio Vice President SIGNATURE Form must be signed by a Company Official listed under Section C of This form. Wilmington Holding Corp., by Thomas A. Nuzio Vice President 1 /7/2019 Managing Member DATE Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 f"MI LIMITED LIABILITY COMPANY ANNUAL REPORT °s.• ....._ yly 1012017 NAME OF LIMITED LIABILITY COMPANY: POINT ASSOCIATES, LLC SECRETARY OF STATE ID NUMBER: 0414673 STATE OF FORMATION: NC REPORT FOR THE CALENDAR YEAR: 2019 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: WASLAW, LLC 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1001 College Court New Bern, NC 28562-4972 Craven County SECTION B: PRINCIPAL OFFICE INFORMATION Filing O'fice Use Only E - Filed Annual Report 0414673 I CA201900701160 1/7/2019 01:30 I Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS Post Office Box 867 New Bern, NC 28563-0867 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development 2. PRINCIPAL OFFICE PHONE NUMBER: (516) 365-9205 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 1295 Northern Boulevard, Suite 17 Manhasset, NY 11030-3002 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 1295 Northern Boulevard Manhasset, NY 11030-3002 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Tanlex Corp NAME: Wilmington Holding Corp. TITLE: Member TITLE: Managing Member ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: 1295 Northern Blvd 1295 Nothern Blvd Manhasset, NY 11030 Manhasset, NY 11030 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Wilmington Holding Corp., by Thomas A. Nuzio Vice President 1 /7/2019 SIGNATURE Form must be signed by a Company Official listed under Section C of This form. DATE Wilmington Holding Corp., by Thomas A. Nuzio Vice President Managing Member Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 TRANSACTION REPORT P,O1 OCT-14-2009 WED 10:41 AM a FOR: NCDENR ! 910 350 2004 �r SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP OCT-14 10:40 AM 912526725477 11091, 6 FAX TX OK 997 TOTAL 1M 9S PAGES: 6 State of North 'Carotion Department of Euviroament and Natural kesourm Wilmington Regional Ofte Newly FomPerdue, Governor FAX COVER SHEET Dee Freeman, Secretary Date: TiO: 1%1�� Co: Fax: o� t% Re: ��- e �/ aZ No. Pages (excl. cover). From: Jo Casmer Phone: (910) 796.7336 Fax: (910) 350-2004 127 Cardinal Drivo Extrusion,. Wilmington, NC 2805 a (910) 796.7215 • An Equal Oppor unity Affirmative Action Employer i State of North Caro➢iva Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX COVER SHEET Rate: To: 00l1 Fax: Re: -f 5—Z4�9e? l �2 ! Dee Freeman, Secretary No. Pages (excl. cover): From: Jo Casmer Phone: (910) 796-7336 Fax: (910) 350-2004 127 Cardinal Drive Extension, Wilmington, NC 28405 a (910) 796-7215 • An Equal Opportunity Affirmative Action Employer January 29, 1999 Mr. Ed Burnett, Manager South Harbor Village Associates, L.L.C. 1301 Heron Run Drive Wilmington, NC 28403 Subject: Permit No. SW8 990121 South Harbor Village - Lots 33-36 Low Density Subdivision Stormwater Permit Brunswick County Dear Mr. Burnett: The Wilmington Regional Office received the Stormwater Management Permit Application for South Harbor Village - Lots 33-36 on January 11, 1999, with final information on January 28, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW8 990121, dated January 29, 1999, for the construction of the project South Harbor Village - Lots 33-36. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Scott Vinson or me at (910) 395-3900. Sincerely, a� Rick Shiver Water Quality Regional Supervisor RSS/sav: S:\WQS\STORMWAT\PERMIT\990121.JAN cc: Timothy L. Labounty Delaney Aycock, Brunswick County Inspections David Thomas, NCDOT Division 3, District 3 Wilmington Regional Office Central Files Scott Vinson State Stormwater Management Systems Permit No.SW8 990121 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO South Harbor Village Associates, L.L.C. South Harbor Village - Lots 33-36 Brunswick County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for South Harbor Village - Lots 33-36. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS Each of the 4 lots is limited to a maximum built upon area as follows: 4,387 square feet for Lot #33; 3,602 square feet for Lot #34; 3,421 square feet for Lot #35; and 4,730 square feet for Lot #36, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the requirements of Section 1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. K State Stormwater Management Systems Permit No.SW8 990121 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:l./) as defined in the stormwater rules and approved by the Division. 6. No piping shall be allowed except: a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road. b. That minimum amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. "The allowable built -upon area per lot is 4,387 square feet for Lot #33; 3,602 square feet for Lot #34; 3,421 square feet for Lot #35; and 4,730 square feet for Lot #36 inclusive of that portion of the right-of-way between the front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking, or the water surface of swimming pools." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality." C. "Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons." d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC." e. "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters." 3 State Stormwater Management Systems Permit No.SW8 990121 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days of moving. 8. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 9. Within 30 days of completion of the project, the Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 10. 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. 11. The following items will require a modification to the permit. Revised plans, specifications and calculations must be permitted prior to the permittee beginning construction on the modification: 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 of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 12. The Director may determine that other revisions to the project should require a modification to the permit. Ill. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any 4 State Stormwater Management Systems Permit No.SW8 990121 permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. Permit issued this the 29nd day of January, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990121 5 �► o�QF F9QG Michael F. Easley, Governor William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 8, 2006 Mr. Edwin Burnett Point Associates, LLC 5001 O'Quinn Boulevard, Unit J Southport, NC 28461 Subject: Name / Ownership Change South Harbour Village Lots 33-36 Stormwater Project No. SW8 990121 Brunswick County Dear Mr. Burnett: The Division is in receipt of a copy of the recorded deed for this project, wherein South Harbour Village Lots 33-36 are being conveyed to Cape Fear Landing, LLC. Per Section 111.5 of the Stormwater Management permit issued to you on January 29, 1999, the permit is not transferable until you notify the Director and complete and return the attached Name/Owner- ship change form. This form was included in my letter of January 18, 2006, along with a request to fill it out if you had transferred ownership of the project. The conveyance of the project to Cape Fear Landing, LLC, constitutes a change of ownership. Please be reminded that you are the permittee of record until such time as the Division approves the transfer of ownership. Please complete the attached name/ownership change form, forward it to Cape Fear Landing, LLC, and return the completed document to the Division prior to March 8, 2006. If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATERILETTERS120061990121.feb06 cc: Delaney Aycock, Brunswick County Inspections Cape Fear Landing, LLC Doug Huggett, DCM Jim Gregson, DCM Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 14hiCaiolina Naturally 08E2006 10:55AM STEVENS, McGHEE, et al. 9102519562 STEVENS, MCGHEE, MOROAN, LENNON, TOLL & CARTER, L.L_P. ATTORNEYS AND COUNSELORS AT LAW 602 MARKIT STRICT WILMINGTON, N. C. 28401 P.1 JOHN A. STEVCNS 11 995-1 090) 910-7e3-38e6 KAAL W. MCGHEM (1023-1 BB 11 RICHARD M. MOROAN MN LINO ADonew ALTom Y. LZNNON P. D. OR006 R 59 ALAN E. TOLL WILMINGTON. N.C.28402 MARK F. CARTER FACSIMILE: KURT B. FRYAR 910-25 1-9562 FACSIMILE COWER PAGE TO: Des. Linda Lewis, Envirozmental Engineer NCDENR FROM: Alton Lennon DATE: February 6, 2006 NO. OF PAGES: 12 INCLUDING COVER PAGE FAX NE DMER: 330-2004 RE: South Harbour Village Lots 33-36 Storm Water Project No. SWS 990121 Brunswick County Dear Linda: In response to your letter dated January 18, 2006 t Burnett (copy attached), I enclose herewith a copy of th conveying lots 33, 34, 35, and 36, South Harbour Village to Cape Fear Landing, LLC. The deed was recorded in Boo 1210 of the Brunswick County Registry. Please advise as additional information you may need in connection with t thank you very much for your helP9A /7 cc: Mr. Edwin Burnett o k Mr. Edwin e recorded deed Associates, LLC 2009 at Page to what hIs matter, and TO RECEIVER:IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CONTACT jerry ALL PAGES MRZOF CONTAIN ATTOMM PRIVILESZD AND CO1V=M IAA INFOREATIOE. ALL PERSONS, Omm XH M THO88 TO WSOM ADDRESSED ABOVE ARE ZERZZY NOTIFIED THAT ANY DIES=nMTI=,, DISTRINMON OR OOPY OF ANY PART ZERROF IE STRICTLY PROXXBZTRD. IF YOU HAVE RECEIVED THIS CO0=XCATION IN ERROR, PLEASE ICE MIATELY NOTIFY US AT THE TZLZPRONS NIAMER SHOW ABOVE AND RETURN TEE ORIGINAL MESSAGE TO DS AT THE ABOVE ADDRESS VIA THE M91TED STATES MAIL. TRA3M YOU. 5Larr7RObbins SLiadaL6e$SDENR Feb 08e2006 10:55AM STEVENS, McGHEE, et al. 9102519562 P.3 w srel a= vsce-J �. 1�TOTNl.�"iR�tr �.".,_CKKM�tTZAB=CKi,� 1 __ BY PS Brunswick County Register Of Deeda Robert J_ Robinson Inst $229092 'Book 2009P. 123.O 09/14/2004 01;50:17pn Reco aQDY41 PS 09/14/2004 $1,800.00 37 halt •.1 n 4UA.:. Gx��a {F i,+Ql� Real Estate Excise Tex 030) Drawn By: Stevens, McGhee, Morgan, Lennon & Toll, L_L.P. Revenue Stamps: $ STATE OF NORTH CAROLINA Tax Parcel No. COUNTY OF BRUNSWICK THIS DEED, made and entered into this l day of September, 2004, by and between SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, a North Carolina Limited Liability Company, party of the first part; and CAPE FEAR LANDING, LLC, also a North Carolina Limited Liability Company, whose mailingaddress is party of the second part. WITNF=SSETH: That the said party of the first part, in consideration of TEN ($10.00) DOLLARS and other good and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, has given, granted, bargained and sold, and by these presents does give, grant, bargain, sell and convey. unto the said party of the second part, and its successors and assigns, in fee simple, an those lots, tracts, and/or parcels of land In Brunswick County, North Carolina, bounded and described as follows, to -wit. See attached Exhibit "A" which is incorporated herein by reference, for a full' and complete description. _W SUBJECT TO ALL matters and things set forth on Exhibit "A" attached, 2004 ad valorem taxes, the provisions of all applicable zoning and land use ordinances, statutes and regulations, utility easements and restrictions of record. Feb 09,2006 10:55RM STEVENS, McGHEE, et al. 91025195G2 p.4 'AMY)VOcle_: 121 L FURTHER SUBJECT TO the following COVENANTS, CONDITIONS, AND RESTRICTIONS: ARTICLE I USE RESTRICTIONS Sectio 3 1. Land Use: Building Type: "Built Upon Area Limitation." No lot herein -above described, or any part or portion thereof (the "property") shall be used except for such residential purposes as are herein specified. No building shall erected, altered, placed or permitted to remain on each or any of the lots herein described except for one building containing no more than two dwelling units and not to exceed two and one-half stories In height. Any building and all other structures, improvements, planting, shrubbery, and/or landscaping, erected, altered, placed or permitted to remain on each or any of the said lots shall be subject to the provisions of Section 5. hereinafter following. Each lot conveyed hereby is and shall remain subject to the terms, provisions, and conditions of State Storm water Management Systems Permit No. SW a 990121, as issued by the State of North Carolina, Department of Environment and Natural Resources, Water Quality Division. Further, the maximum Built Upon Area for the property shall be as is defined by and shall be subject to and controlled by the storm water runoff regulations adopted by the State of North Carolina. Specifically, the Built Upon Areas for the lots conveyed hereby shall be as follows: Lot # 33------------------------------ 4,387 square feet Lot # 34------------------------------ 3,602 square feet Lot # 35------------------------------ 3.421 square feet Lot # 36------------------------------ 4.730 square feet The covenants and restrictions set forth herein are intended to ensure the bng.oing compliance with all existing State Stormwater Management Permits as issued by the Division of Water Quality: The State of North Carolina is hereby made a beneficiary of these covenants and restrictions to the extent necessary to enforce its storm water runoff regulations as the same may be amended from time to time and to maintain compliance with the above noted storm water management permit(s). These covenants and restrictions shall run with the land and be binding upon all persons and parties claiming under them. The Built Upon Area for each Lot shall that which has been established by the said State, unless and until the State of North Carolina shall revise its storm water runoff regulations to permit a greater Built Upon Area for such Lot or Lots. For purposes of this section, the allowable 'Built Upon Area" shall include that portion of the right-of-way between the front lot line and the edge of the pavement. Further, built upon areas shall include, but not .be limited to, structures, pavement, walkways of asphalt, concrete, gravel, brick, stone, slate, or coquina, but shall not include raised, open wood or synthetic material decking, or the water surface of a swimming pool. Any lot owner may, in accordance with applicable government regulations, borrow from another lot owner any Built Upon Area which is not being utilized by the other owner, without the approval of any other lot owner(s) not involved in such transaction. Provided, however, the written approval of South Harbour Village Associates, LLC, or its designee, successor, or assign must be first obtained. Any covenants pertaining to storm water regulations may not be changed or deleted without the concurrence of the Division of Water Quality of the North Carolina Department of Environment and Natural Feb 08,200G 10:55RM STEVENS, McGHEE, et al.9102SISS62 p.5 lnsl: N 229092 Book 20091?:�4�: 12.1.2. Resources. Lots within the Area of Environmental Concern (AEC) of Coastal Area Management (CAMA) may have the built -upon area reduced to CAMA jurisdiction within the AEC. Alteration of the drainage as shown on the approved plan shall not take place without the concurrence of the State of North Carolina. Furthermore, all drainage easements, and/or any portion thereof which is located on any portion of any lot shall be preserved, protected, and maintained by the owner of said lot, Further, the filling in or piping of any vegetative conveyances (ditches, swales, etc.) within or used by the subdivision, except for average driveway crossings, is strictly prohibited. Each lot will maintain a thirty (30) foot wide vegetated buffer between all impervious areas and surface waters: All roof drains shall terminate at least thirty(30) feet from the mean high water mark. With respect to any curb and gutter located within the subdivision, the following additional restrictions shall apply: (A) Filling in, piping or altering any designated 5:1 curb outlet swale associated with the subdivision is prohibited by any person or persons. (13) With respect to any curb outlet system, each designated curb outlet Swale shown on the approved plan must be maintained at a minimum of 100 feet long with a 5:1 (H:V) side slope or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. Section 2. Nuisance. No noxious or offensive activity shall be conducted upon the property nor shall anything be done thereon which maybe or may become an annoyance or nuisance to adjacent or surrounding property owners or the neighborhood. Section 3. Animals. Dogs and cats may be kept or maintained on said lots provided that they are not kept or maintained for commercial purposes. Other animals typically kept as household pets may, with the express written approval of South Harbour Village Associates, LLC, or its designee, successor, or assign, be kept or maintained on sold lots, again provided that they are not kept or maintained for commercial purposes. Section 4. Outside Antennas. No outside radio or television antennas or receiving device of any type whatsoever shall be erected on the property unless and until permission for the same has been granted in writing by South Harbour Village Associates, LLC, or its' designee, successor, or assign. Section 5. Architectural Ap roval. No building, fence, wall nor other structure, nor any improvement, planting, shrubbery, and/or landscaping, shall be commenced, erected, placed or maintained on any lot herein described, or any portion thereof, nor shall any exterior addition to or change or alteration therein or thereto be made until the plans and specifications shovving the nature, kind, shape,. height, materials, and location of the same shall have been submitted to and approved in writing as to ail matters, including, without limitation, harmony of external design and location to surrounding structures and topography by South Harbour Villages Associates, LL-C, or its designated Architectural Revievtf Committee, or their successors in interest. In the event the said South Harbour Villages Associates, LLC, or its designated Architectural Review Committee, or their successors in interest, fails to approve or disapprove such design and location within thirty (30) days after receipt of same by South Harbour Villages Associates, LLC, approval will not be required and this Section will be deemed to have been fully complied with. Feb 08,20013 10:5GRM STEVENS, McGHEE, et al. 91025195132 p.G fit!;t. 11 229092 Book 20091?age: 1213 ARTICLE II GENERAL PROVISIONS Section 6. Enforcement. South Harbour Village Associates, LLC, and its successors in title and its successors in equity interest, South Harbour Master POA, Inc., as' -to all covenants, terms, restrictions and conditions as may be established by the said Master Association; and, where applicable, the State of North Carolina, shall have the right to enforce, by any proceeding at law or in equity, all restrictions; conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these restrictions and covenants. Failure by the said South Harbour Village Associates, LLC, and its successors, South Harbour Master POA. Inc., and/or by the said State, to enforce any covenant or restriction herein contained shall in no event be deemed a. waiver of the right to do so thereafter. Section 7. Master Association. The party of the second part herein, and all future owners of the lots herein conveyed, or any interest or estate in said lots or any part thereof, acknowledge that Point Associates, LLC, the developer of South Harbour Village intends to form a Master Association to be known as South Harbour Master POA, Inc.., or similar, and that said Master Association shall have the power and authority to levy assessments upon the owners of property within the development, and/or upon the various homeowner and/or property owner associations which govern the various portions of the development, which assessments shall be for the purpose of maintaining and improving the whole of the development. The terms and provisions of any Master Declaration adopted and recorded shall be binding upon and inure to the benefit of the party of the second part herein. and its successors and assigns. Section 8. Common Amenities: Point Associates, L.L.C., developer of the development known as South Harbour Village, may construct a clubhouse, pool and/or tennis courts, which, if constructed, shall be common amenities for the use and benefit of members of the South Harbour Master POA, Inc_ and their respective members in good standing. It Is understood and agreed that the amenities above described are not for the exclusive use of the owners of the lots herein described but that such lot owners if and when qualified and all dues paying owners (in good standing within their respective Association) withinthe other development areas established throughout the master development known as "South Harbour Village", including, by way of illustration and not limitation, Westport at South Harbour Village, Glen Cove at South Harbour Village, Village Green Town homes at South Harbour Village at Westport, and' Barnes Bluff, have the right to use such amenities. Section 9. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 10. Amendment. The covenants alid restrictions herein set forth shall run with and bind the land, for a term of fifteen (15) years from the date of the recordation hereof, after which time they ,shall be automatically extended for successive periods of ten (10) years. However, the covenants and restrictions herein set forth, or any of them, may be amended during the first fifteen (15) year period by an instrument signed by South Harbour Village Associates, LLC, or its. successors. Nothing in this Section 10 shall be construed to prevent South Harbour Village Associates, Ll_C, and/or its successors and/or assigns making additional properties subject to these restrictions and covenants. Any amendment must be recorded. Section 11. Easements, South Harbour Village Associates, LLC, for itself and its successors and assigns reserves for the benefit of all public or private utilities which will serve the future development of said realty, easements to Feb OQ 2006 10:56RM STEVENS, McGHEE, et al. 9102519562 p.7 be later defined for the provision of water, sewer, fire protection, police protection. refuse removal, electrical power, telephone, cable television, and any other services to be provided for the benefit. and enjoyment of the property and/or unit owners in that development known generally as South Harbour Village, Including South Harbour Village Associates, LLC. TO HAVE AND TO HOLD. the aforesaid lots, tracts or parcels of land and all privileges and appurtenances thereunto belonging to the said party of the second part, its successors and assigns, forever. And the said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same is free from encumbrances, except as stated above, and that it will WARRANT and DEFEND the said title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be executed in its name by its duly authorized Member -Managers as the act and deed of said limited liability company, the day and year first above written. 3 r ob SOUTH HARBOUR VILLAGE ASSOCIATES, LLC By: VIABLE CORP., Member -Manager By:�.,., Edwin L. Burnett, III, President Y. LENNON, Member -Manager 1) Feb 08 20OG 10:57AM STEVENS, McGHEE, et al. 91025195G2 P.9 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Inst 0 229092 Book 2009Page: 3-215 1, a N tary Public " and for the aforesaid State and County of�, do hereby certify that Alton Y. Lennon personally appeared before me this day .and acknowledged that he Assistant Secretary of Viable Corp., A North. Carolina Corporation; that said corporation is a Member - Manager of SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, a limited liability company; and further acknowledged that he did duly execute the foregoing and annexed instrument on behalf of and as the deed and act of the said SOUTH HARBOUR VILLAGE ASSOCIATES, LLC. 4ESS my hand and notarial seal, this ;the day of .2004. Notary Public My Go mission Expires: NORTH CAROLINA COUNTY OF NEW HANOVER 1,j2d 4-17 PlX 'a tary Public in and for the aforesaid State and County of , do hereby certify that Alton Y. Lennon personally appeared before me this day and acknowledged that he is a Member -Manager of SOUTH HARBOUR VILLAGE ASSOCIATES, LLC,a. limited liability company, and further acknowledged that he did duly execute the foregoing and annexed instrument on behalf of and as the deed and act of the said SOUTH HARBOUR VILLAGE ASSOCIATES, LLC. WITNESS my hand and notarial seal, this the �J - day of e tmber, .2004. cz t ot` ��, Notary Public �' °�o1.5• My Commission Expires. SHVLts33-36deed STATE OF NORTH CAROLINA COUNTY OFBRUNSWICK YVONNE R SNEEDEN The Foregoing (or annexed) Certifiente(s) of Notary(ies) Public is (are) Certified to be Correct. 14th September Zppq This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ,ter 110klln-Al.RU t IN (5N, Register of Deeds Feb 09 2006 10:57AM STEVENS, Mo6HEE, et al. 9102519562 p.9 Exhibit "A" Page one of four TRACT ONE: Inst 1 229092 Book 2009Page: 1216 13 EING ALL OF LOT 33 of SOUTH HARBOUR VILLAGE, as the same is shown on that map prepared by Tide Water Engineering and Surveying, P.A., entitled "Survey for South Harbour Village", said map having been recorded on April 7, 1999, in the Office of the Brunswick County, 'North Carolina,. Registry in Map Cabinet 21 at Page 87, reference to said rnap being hereby made for a more particular description of the said above described lot. However, any reference on said map to impervious area allowances or calculations.for said lot is expressly made subject to terns and conditions of that certain State Storrnwater Management Permit No. S W8 990121 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot #33---------------------------- 4, 387 square feet The above lot is conveyed together- with and subject to all easeinents and rights of way as are shown on said recorded map. Specifically and without limitation, said lot is subject to a pedestrian easement shown'on said rnap which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South Harbour Village. Barnes Bluff Homeowner's Association, Inc., shall be responsible for the maintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Village. While pedestrian use is allowed to residents of Barnes Bluff Subdivision and the owners of Lots 33, 34, 35, and 36 of South Harbour Village, only the owners of the said Lots. 33, 34, 35, and 36 of South Harbour Village shall have the ri ght to have vehicular access to and vehicular use of the pedestrian easement shown on said map. The said owners of Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to restrict vehicular use of the said access so long as such restriction does not violate any local, state, or federal rule, law, ordinance, or regulation. Feb 00 2000 10:57AM STEVENS, MaGHEE, et al. 91025195G2 p.10 TZISL 9 2.29092 Dook 2009Page: 1217 Exhibit "A" Page two of four TRACT TWO: BEING ALL OIL LOT 34 of SOUTH HARBOUR VILLAGE, as the same is shown on that map prepared by Tide Water Engineering and Surveying , P.A., entitled "Survey for South Barbour Village", said map leaving been recorded on April 7, 1999, in the Office of the Brunswick County, North Carolina, Registry in Map Cabinet 21 at Page 87, reference to said map being hereby made for a more particular description of the said above described lot. However, any reference on said map to impervious area allowances or calculations for said lot is expressly made subject to terns and conditions of that certain'State Stormwater Management Permit No. SW8 9901,21 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot #34---------------- ------------ 3, G02 square feet The above lot is conveyed together with and subject to all easements and rights of way as are shown on said recorded neap. Specifically and without limitation, said lot is subject to a pedestrian easement shown on said map which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South Harbour Village. Barnes Bluff Homeowner's Association, Inc., shall be responsible for the inaintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Village. While pedestrian use is allowed to residents of Barnes Bluff Subdivision and the owners of Lots 33, 34, 35, and 36 of South Barbour Village, only the owners of the said Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to have vehicular access to and vehicular use of the pedestrian easement shown on said map. The said owners of Lots 33, 34, 35; and 36 of South Harbour Village shall have the right to restrict vehicular use of the said access so long as such restriction does not violate any local, state, or federal rule, law, ordinance, or regulation. Feb Oe 20OG 10:57RM STEVENS, MGGHEE, et al. 91025195G2 P-11 Exhibit "A" Pnge three of four TRACT THREI : Inst 9 229092 Book 2009Page: 2218 BEING ALL OF LOT 35 OFSOUTI-I HARBOUR VIL.LAGI✓, as the same Is shown on that map prepared by 'Tide Water Engineering and Surveying, P.A,, entitled "Survey for South Harbour Village", said map having been recorded on April 7, 1999, in the Office of the Brunswick County, North Carolina, Registzy in Map Cabinet 21 at Page 87, reference to said map being hereby made for a more particular description of the said above described lot. However, any reference on said map to impervious area allowances or calculations for said lot is expressly made subject to terms and conditions of that certain State Storrnwater Management Permit No. SW8 990121 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot #35---------------------------- 3, 421 square feet The ,above lot is conveyed together with and subject to all easements and rights of way as are shown on said recorded map, Specifically and without limitation, said lot is subject to a pedestrian easement shown'on said map which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South Harbour Village. Barnes Bluff Homeowner's Association, Inc., shall be responsible for the maintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Village. While pedestrian use is allowed to residents of Barnes Bluff Subdivision and the owners of Lots 33, 34, 35, and 36 of South Harbour Village, only the owners of the said Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to have vehicular access to and vehicular use of: the pedestrian easement shown on said map. The said owners of Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to restrict vehicular use of the'said access so long as such restriction does not violate any local, state, or federal rule, law, ordinance, or regulation. Feb O9 2006 10:58AM STEVENS, McGHEE, et al. 9102519562 - p.12 Inst # 229092 Hoak 2009Page: 1219 Exhibit "A" Page four of four TRACT 1C+OUR: BEING ALL OF LOT 36 of.SOUTH ITAX13OUR VILLAGE, as the same ip shown on that map prepared by Tide Water Engineering and Surveying, P.A., entitled "Survey for South Harbour Village", said map having been recorded on April 7, 1999, ilti the Office of the Brunswick County, North Carolina, Registry in Map Cabinet 21 at Page 87, reference to said map being hereby made for a more particular description of the said above described lot. However, any reference on said map to impervious area allowances or calculations for said lot is expressly made subject to terms and conditions of that certain State Stormwater Management Permit No. SW S 990121 issued by the State of North Carolina. Specifically, impervious surface allowances for the herein above described lot is as follows: Lot #36---------------------------- 4, 730 square feet The above lot is conveyed together with and subject io all easements and rights of way as are shown on said recorded map. Specifically and without limitation, said lot is subject to a pedestrian easement shown on said map which runs generally across the northen portion of said lot which easement provides pedestrian access for the residents of Barnes Bluff Subdivision to the marina area of South IIarbour Village. Barnes Bluff T.-Iomeowner's Association, Inc., shall be responsible for the. maintenance and upkeep of the pedestrian bridge shown on the said map as being situate on Lot # 33 of South Harbour Village. While pedestrian use is allowed to residents of Barnes, Bluff Subdivision and. the owners of Lots 33, 34, 35, and 36 of South Harbour Village, only the owners of the said Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to -have vehicular access to and vehicular use of the pedestrian easement shown on said neap. The said owners of Lots 33, 34, 35, and 36 of South Harbour Village shall have the right to restrict vehicular use of the said access so long as such restriction does not violate any local, state, or federal rule, law, ordinance, or regulation Ay12004I.SHVCFLDCS9-9-04 e 11 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 18, 2006 Mr. Edwin Burnett Point Associates, LLC 5001 O'Quinn Boulevard, Unit J Southport, NC 28461 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS South Harbour Village Lots 33-36 Stormwater Project No. SW8 990121 Brunswick County Dear Mr. Burnett: On January 29, 1999, the Wilmington Regional Office of the Division of Water Quality issued a Stormwater Management Permit to South Harbor Village Associates, LLC, for South Harbour Village Lots 33-36. 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, copy of the recorded deed restrictions has not been received in this Office. A CAMA Major permit application for an 8 slip pier, floating platform and 4 floating finger piers was recently received in the name of Cape Fear Landing, LLC, on January 4, 2006. The plat provided with the application indicates that lots 33-36 are limited to 25% built -upon area, which is not accurate. Prior to being able to exempt this activity, the Division must have a correct copy of the recorded deed restrictions on file. Additionally, if the ownership of this project has changed, please complete and return the attached name/ownership change form. Please be reminded that you are the permittee of record until such time as the Division approves a transfer of ownership. Failure to notify the Division of a change of ownership, or to record and/or provide a copy of the recorded deed restrictions prior to selling lots, are violations of your permit and both are subject to enforcement action. Please provide current ownership information along with the completed name/ownership change form if you wish to transfer ownership, and forward a copy of the recorded deed restrictions to this Office at the address below by February 18, 2006, 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) 796-7404. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATERIDEEDREST1990121.jan06 cc: Delaney Aycock, Brunswick County Inspections Cape Fear Landing, LLC Doug Huggett, DCM Gale Stenberg, DCM Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer 5enricel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Intemet; h2o.ennstatemc.us ne o'RhCaroli 1a An Equal Opportunity/Affirmative Action Employer- 50°% Recycled/10°% Post Consumer Paper Adurally Ale .=r r A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary January 4, 2006 MEMORANDUM: TO: Linda Lewis !21 1 Y C) and�QG Noelle Lutheran Division of Water Quality FROM: Doug Huggett, Major Permits Coordinator(/L1 SUBJECT: CAMA Permit Application Review 1--� Applicant: Cape Fear Landing, LLC c/o Tom Peterson and Mark Brisson . Project Location: Site located at lots 33-36 South Harbor Village, on Annie Mae's Way, off of SR 1101, on the mainland side of N.C. Highway 133, adjacent to the AIWW, in Oak Island, Brunswick County. Proposed Project: Applicant proposes to build an 8-slip pier with gazebo, T-head floating platform, and 4 floating finger piers. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 27, 2006. If you have any questions regarding the proposed project, please contact Gale Stenberg at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. a SIGNED DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastalmanagement.net An Equal Opportunity l Affirmative Action Employer-50% Recycled 1 4.0% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Cape Fear Landing, LLC c/o Mr. Tom Peterson and Mark Brisson 2. LOCATION OF PROJECT SITE: The proposed site is located at Lots 33-36 South Harbor Village located on Annie Mae's Way, off of SR 1101, on the mainland side of N.C. Highway 133 adjacent to the Atlantic Intracoastal Waterway, in Oak Island, Brunswick County. Photo Index - ' 2000: 9-89, rid H-I 8-9 1995: 9-81, gpLd H-I 17-18 1984: 10-99, rid J-K 2-3 State Plane Coordinates - X: 2284616 Y: 63948 Rover File: V042810A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/28/05 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 11/28/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - N/A Planned - 8 boat slip pier with gazebo, T-head floating platform, and 4 floating finger piers (G) Estimated Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRFnnPn VTT T L71 nmrrrr (A) Vegetated Wetlands (Coastal) N/A N/A 2,970 sq. ft. (shaded) (B) Non -Vegetated Wetlands (Open Water) N/A N/A 2,655 sq. ft. (incorporated) (C) Other High ground N/A N/A N/A (D) Total Area Disturbed: (E) Primary Nursery Area: (F) Water Classification: 5,625 square feet Yes SA Open: No 8. PROJECT SUMMARY: The applicant proposes to build an 8 boat slip pier with gazebo, T-head floating platform, and 4 floating finger.piers. Cape Fear Landing, LLC clo Tom Peterson & Mark Brisson December 27, 2005 Page Two 9. PROJECT DESCRIPTION: The applicant's proposed project is located at Lots 33-36, South Harbor Village on Annie Mae's Way, off of NCSR 1101, on the mainland side of N.C. Highway 133 adjacent to the Atlantic Intracoastal Waterway, in Oak Island, Brunswick County. To get to the project site, from the intersection of N.C. Highway 133 and N.C. Highway 211, go west on N.C. Highway 211 to NCSR 1101, (Long Beach Rd.). At Long Beach Rd., go south to Fish Factory Rd. At Fish Factory Rd., take a left and go south to Annie Mae's Way. The proposed site location is the first four lots, (lots 33-36), that are located on Annie Mae's Way adjacent to the existing South Harbor Village Marina and the Atlantic Intracoastal Waterway. The project site is owned by Cape Fear Landing, LLC and was originally permitted under Permit Number 31-99, which was issued to the former property owner, South Harbor Village Associates, LLC. Permit Number 31-99 did not restrict water access for these lots. The size of the entire track of land is 4 acres with an approximate elevation of 7 to 8 ft. above mean sea level (MSL). The shoreline area along the AIWW measures 551 ft. in length. The marsh area measured from the high ground area to the open waters of the AIWW measures approximately 350 ft. in width and is vegetated with Salt Meadow Hay (Spartina patens), Black Needlerush (Juncus roemerianus), Smooth Cordgrass (Spartina alterniflora). Vegetation on the high ground portion of the four lots has been cleared. The width of the AIWW at the proposed project site measured from marsh grass to marsh grass is 520 ft. There is an existing marina basin (South Harbor Village Associates, LLC) located on the cast side of and adjacent to the proposed project. The area located west of the proposed project is filled with single-family residential property lots. The waters of the AIWW adjacent to the project site are classified SA by the North Carolina Division of Water Quality and are Closed to the Harvest of Shellfish. The waters are designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries. PROPOSED PROJECT: The applicant proposes to construct an 8 slip community dock system to serve four duplex lots (8 total units). Each lot is 1 acre in size totaling 4 acres. Deed restrictions would dedicate the entire shoreline use of these four duplex lots for this single community dock system. The main pier crossing the marsh grass area would be located along the central lot line of the four duplex lots. This section of the pier would measure 360 ft. in length by 6 ft. wide. On the high ground end of this pier, the pier T's running to the central line of lots 33 and 34, and the centrAl line of Lots 35 and 36. Both of these two sections would run 150 ft. in length by 6 ft. wide. On the water ward end of the proposed pier is a 20 ft. by 20 ft. gazebo, which connects to the 150 ft. by 8 ft. floating dock structure with four 40 ft. by 4 ft., 3 inch finger piers. There are also 10 mooring pilings proposed in this permit application. Water depths under the floating dock structure and finger piers range from 8 to 8.5 ft. below MHW. Cape Fear Landing, LLC c/o Tom Peterson & Mark Brisson .December 27, 2005 Page Three 10. ANTICIPA 1 PD IMPACTS: The proposed pier and 8 boat slips would incorporate approximately 2,655 sq. ft. of estuarine waters and public trust area and would result in the shading of approximately 2,970 sq. ft. of coastal wetlands. The project could increase turbidity levels during project activity, however, no long-term adverse impacts are anticipated. This project meets the %width rule, channel setback requirements and riparian setback requirements. Submitted by: Gale Stenberg Date: December 27, 2005 Office: Wilmington Form DCM-MP 1 APPLICATION, (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT Oak Island, NC (mainland side off HWY 133) a. Landowner: Name Cape Fear Landing, LLC c/o Tom Peterson and Mark Brissom Address 6752 Gordon Road City Wilmington State N.C. Zip 28411 Day Phone 910-297-7222 Fax 910-401-1669 b. Authorized Agent: Name Land Management Group, Inc., Laura Stasavich Address PO Box 2522 City Wilmington State N.C. Zip 28402 Day Phone 910-452-0001 Fax 910-452-0060 c. Project name (if any) Lots 33-36, South Harbor Village ]VOTE: Permit will be iswed in nm w of h rdowner(s), and/or c. Street address or secondary road number Annie May's Way, off SR 1101 d. Is proposed work within city limits or planning e. jurisdiction? x yes No (within the Town of Oak Island) Name of body of water nearest project (e.g. creek, sound, bay) AIWw river, 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Applicant proposes to construct a community dock system to serve four duplex lots (8 total units). Dock will have 6'-wide fixed access pier with 20' x 20' gazebo, a floating dock, and four finger piers. All slips will be 40' in length. b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? Private d. project now. r.r+a, sari. .4- NC 3. LOCATION OF PROPOSED V 0 V 2 8 2005 PROJECT a. County Brunswick Give a brief description of purpose, use, methods of construction and daily operations of proposed project. - If more space is needed, please attach additional pages. Purpose is to construct an 8-slop residential dock system. The docl(would be a shared dock on a common lot line of four duplex lots. Proposed work includes (1) construction of two 150' long elevated, v:ood boardwalks (2) a 6'-wide axed access pier (3) a 20' x 20' gazebo on the pier a floating COCK and tour floating i y operations Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Lots 33-36 total 4 acres. b. Size of individual lot(S) Lots 33-36 are each 1 acre in size. c. Approximate elevation of tract above MHW or NWL +7 to +8' MSL m. Describe existing wastewater treatment facilities. Municipal Sewer n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Minimal surface runoff d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Pactolus sands on upland, Bohicket sandy loam in marsh. Municipal system e. Vegetation on tract Lots have been cleared. f. Man-made features now on tract Suhrlivicion marls and 5. ADDITIONAL INFORMATION utilities are in place. No additional man-made features on -the lots. g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Cmuvh dw local lmd,se plan.) fbIlowing items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Community Rural X Other other instrument under which the applicant claims title Municipality -town of Oak Island to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then forward a copy of the deed or other instrumem under Oak Island - Commerical low density. South Harbor illave is a Planned Unit Development (PUD) within the CLD. - which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? x Yes No (Amch zoning wimphmee cadficMe. fapplimble) 0 An accurate, dated work plat (including plan view See attached letter from Town of Oak Island, Planning and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on_ an 8 1/2" by I I" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue -line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger Coastal {marsh) x Otha%0x- I v y drawings.) A site or location is a art of plat gs•) �P P If yes, has a delineationii�'eor&6Q? `X`!r requirements and it must be sufficiently detailed to (,� doame1saii,,, fa„dlabu rOV guide agency personnel unfamiliar with the area to the 2 8 2005 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, Iandmarks, and the like. • A Stormwater Certification, if one is necessary. It A list of the names. and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name South Harbour Associates, LLC Address 602 Market Street Wilmington, NC 28401 Phone Name Barnes Bluff Associates- LLG Address 602 Market Street Wilmington, NC 28401 Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Subdivision CAMA Permit #31-99 (associated subdivision SW & S&E permits). No other permits for these individual lots. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. ]Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. ' 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained N the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the 25th day o April , 2005 Print Name Laura Stasavich Signature a LW"MW or Authorized Agent 6P+1 Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development x DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOM 101ease sign and date each atradLmert Sn d�e space provided_Qt �ttom of each farm. NOV2 S 7005 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) e. Mooring buoy (1) _ Col (2) Number (3) Descripi (Color, (1) _ Commercial X Community _ Private (2) Number 1 floating dock / 1 fixed access pier (3) Length Floating dock=150' / Pier=85' past MHW, 360' total (4) Width 8' / 6' (5) Finger Piers X Yes No (i) Number 4 (ii) Length 40' f. (iii) Width 4'3" (6) Platform(s) XGazebdVes No (i) Number 1 (ii) Length 20' (iii) Width 20' (7) Number of slips proposed 8 g. (9) Proximity of structure to adjacent riparian property lines 220' from wester / 127' from eastern (9) Width of water body 520' (10) Water depth at waterward end of pier at MLW or NWL Greater than 8' b. Boathouse (including covered liftv (1) _ Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHIVNWL or wetlands _Community _ Private of buoy size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial X Community _ Private (2) Number 10 mooring pilings (3) Length per contractor (4) Width 6"-8" Other (Give comptere description) 5eo-a Pb, VlWa�:, Lf Aonftot &AWect Name CICAd I. v NOV 2 ,19 ?nn� 11/23/2005 16:42 9104520060 LANDMANAGEMENT Fk3E 05;d3 m c� as �r m0 M;u O Z f�J7 am 00 0 --1 x O z m � i C3 O 0 cn C 21 x m ran O C3 eag_w�ro,z c• m v�o as nom �vm CD f4- OL w 00 a~ s= I ��cr o w$m rL �m CL O N so In fA O 3 ID qg� am m = cQp Q- e 3 a 87 Q W m� G1 2L O N m 4 d y41 of 7 Ce �- 7] �y .7,,:�`�. s.e ..a _t-�. .'+•- 'ta...-. a'^ar > `t'. it 4 't ti. �i'� �i 1 -r X. 11.rf •, _..,r.l^tea �'�.`�� •• f - } lv� J ... Its �" `� � r � s .r' ;'°"4.. r��-� ; �•. 211 1 4r f Suba t• : tip SRF Ir 87 r BIKE tf •, ` r 1 Q Q 3� �- T a� '211 Brun 'L!""'�..J Q SITE_ C�QUntj/ Airportsa as I, F Tf Qb itJ F f ; 3 �irr33 9 Ni 7i11 _w t ... - ►�1U"ti .. BAR_ ar �40 Ocean Crest Y'ad Beach .,Caswell Ef 2 � 200.; Map Source: DeLorme: North Carolina Atlas and Gazetteer., 1997 p. 87. SCALE 1" = 1 mile Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants Lot 33-36 South Harbor Village P.O. Box 2522 Applicant: Wilmington, NC 28402 VICINITY MAP Applicant: Cape Fear Landing, LLC LMG # 02-97-283 910-452-0001 Location: AIWW, Brunswick Co. C.WrojectsUauraIO2-97-283 Date: April, 2005 Sheet 1 f_ 10 Map Source: Southport, N.C., 1990, USGS 7.5' Topographic quadrangle. SCALE 1" = 1000' Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants Lot 33-36 South Harbor Village P.O. Box 2522 Wilmington, NC 28402 USGS TOPO QUAD Applicant: Cape Fear Landing, LLC LIVIG # 02-97-283 910-452-0001 Location: AIWW, Brunswick Co. C.IpmjectsVaura102-97-283 Date: April, 2005 Sheet 2 Of 10 rY' h vat �. (- a NhE1.0 gg5� r r' •. '�jy��5� •may ..� _ 1i�, ��-:::i.tr ,,., e yh . .�Y •s f. °"' .. ..;s� ';.fie ns Z: -` try ir�� � ,$•:; .:;;ys: ::r:. Aak k tt ••.o. ..... ..... a... ....a ..a.. .. .I.:.. .. :�M• s. CC N11 VYI12v!I-,JGT7';N. NC, y P Map Source: Soil Survey of Brunswick County, NC. SCALE 1" = 1000' Land Management Group, Inc. CAMA Major Permit Application Environmental Consultants Lot 33-36 South Harbor Village P.O. Box 2522 Applicant: Cape Fear Landing, LLC Wilmington, NC 28402 NCRS SOIL SURVEY g 910-452-0001 Location: AIWW, Brunswick Co. LMG # 02-97 283 C:lprojedsVaura102-97-283 Date: April, 2005 She 3 Of 10 20' x 20' Gazebo to AIM W vales G to 34' across dock system 80' AIWW 114 Waterbody Structure Limit Setback Waterward Limit Mean High of Coastal Water Marsh HORIZONTAL AND VERTICAL SCALE 1" = 40' APPROX. GROUND ELEVATION LU UI.JIdIIU LULS Notes: 1. Piling depths to be determined by marine contractor. _ 2. Fixed pier and wood boardwalks to be a minimium of 3' above ground surface of the marsh/wetland. 3. Elevated wooden boardwalks not shown, but similar to fixed pier and at min. 3' above marsh surface. 3. Water depths within proposed slips exceed -6' MLW. TYPICAL CROSS SECTION FIXED PIER AND DOCK CAMA Major Permit Application, Lots 33-36 South Harbor Village Applicant: Cape Fear Landing LLC Location: AIM, Brunswick County ' Date: 11/22/2006 Sheet t o Cf � P. 1 * * * COMMUNICATION RESULT REPORT ( JUL.13.2005 FILE MODE OPTION --------------------------- 446 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) ------ 9-2781811 3:30PM ) TTI RESULT ------------ OK NCDENR WIRO PAGE --------P--- P.6/6 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael R Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET 0 Date: r7 -1-3 .-p 3 No. Of Pages: (excluding cover) To: e-, From: n 1rn- Ca: CO: NC DENR FAX #: 91 C1 °7 $1 FAX#: 910-350-2004 REMARKS: 127 Cardinal Drive Wensien, Wilmin}lton, N.C. 28405.3845 Telephone (010) 796,7215 Ifni (910) 3504AID4 An Equal Opportunity A(frrmallve Action Employer I Zl `� o aC1� \ • � / �' � -• t!n i� _ ; = Qi of cm �� '>/ Q Q • 11 a Lr co !.Q of U N LU Q x '� ,` ` Itj X ti I a m U .��. LO <z� 1/ \ �1 % t I O c� o 0 x AM � � t a I 'taw m� N m f i .'� f o I M U Q L p O I^ / Q•- I C to t I C C �, b j o J 02s w I 40 t x c ( �d- �x _ z CC! CD X ( I V —J = a' coc m' _O it m .9b,z S 03 I Q J 0 � Q z I CO 9: N �ao I Z ! 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