SW8060429_HISTORICAL FILE_20220224

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 WQ A T
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 U 22 02 2q
YYYYMMDD

ROY COOPER
ca.ema,
ELIZABETH S. BISER
Seererary
S. DANIEL SMITH
Diretta
y.w STAi[
�YJ.q
NORTH CAROLINA
EaWman earn/ Qualify
February 11, 2022
Robert Capps, III, Member
GCW Properties LLC
PO Box 29089
Greensboro, NC 27429
Subject: Permit Renewal
Application No. SW8060429
Lucky Fish Subdivision aka Vineyard at Pages Creek
New Hanover County
Dear Applicant:
The Stormwater Permitting Section acknowledges the February 10, 2022 receipt of your permit renewal application and
supporting documentation. Your application will has been assigned to Ashley Smith.
Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The
permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a
timely manner to requests for additional information necessary to allow a complete review of the application and renewal
of the permit.
Information regarding the status of your renewal application can be found online using the Department of Environmental
Quality's Environmental Application Tracker at:
https://deci.nc.gov/permits-regulations/permit-guidance/environmental-application-tracker
If you have any additional questions about the permit, please contact the primary reviewer of the application using the
links available within the Application Tracker.
Sincerely,
Tina Burd
Administrative Associate II
cc: Robert Alton Capps, Managing Member, 2030 Eastwood Rd., Suite 9, Wilmington, NC 28403
cc: WIRO file
wn.�me�a�arv�+i oma i m r ,exmai.. i.�.�m� I mlmmuia�, n�inc.�

Non -Transfer Application Completeness Review Checklist
Project Name:
Project County/Location:
Permit Action: New New Permit #':
Permit Type:
Development Type:
Subdivided?:
Rule(s): 1
Not located in the ETJ of the following delegated
and functioning programs:
Delivered to WIRO:
Received/Accepted Date:
Given to Admin:
Acknowledged Datet:
NHC: Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach
Bruns: Leland / Navassa (?) / Oak Island
Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City
Major Mod / Minor Mo Renewa Existing Permit #:
Applicant & Permittee are the same? Expiration Date°:
(n)LD/LID Overall /HD&LD Combo
General Permit / Offsite / Exempt + Redevelopment
Coastal
Permittee Type & Documents Needed:
®Property Owner(s) I C
Single Lot
Coastal u1995 Coastal
rsaI n1988 Coastal
ARmt
L o ?li 7_ L
ov o Zola
F-1Offsite to SW8:
Ells Offsite Lot approved in Master Permit?5
Paperwork
®Application �,F
®Fee: I�/I$505 (within 6mo) Check#(s): 1 (o33 ONo Fee
Supplement' (l new form or far older forms: 1 original per SCM)
F_10&M'
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdivided'
Project Narrative
MUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans (2 Sets)
NOTES:
IEnter RIMS Acknowledged Date on this Sheet
'For New Projects -Enter New Permit # on Supplements & Deed Restriction Templates.
3 If permittee is different, STOP. Needs to be transferred first.
°If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
slf Lot not approved in master permit, STOP. Master permit needs mod
EMAILED ENGINEER DATE:
REVIEWER NAME:
Comments:
Minutes
Developer
QViable?
G:WQ\\\Reference Libra ry\Proced u res\Ch ecklists\Com pleten ess Review Checklist_202109 08

Edmonds, Jessica
From:
Edmonds, Jessica
Sent:
Friday, February 4, 2022 1:31 PM
To:
[e-mail]
Subject:
Lucky Fish Subdivision - SW8 060429
Attachments:
2015 11 permit update 060429.pdf, 2015 12 CEI_deficient 060429.pdf
Hi Martin,
It was nice to speak with you today. I have attached an unsigned PDF copy of the most recent permit text along with a
letter that was sent in 2015 for your records. Permit condition 1.3 lists the number of lots and total BUA for the permit,
while Permit Condition 11.11.f discusses the maximum built upon area allocation for each lot. Our paper files are
considered public record and would include things like the application documents, approved site plans, and other
supporting documentation. If you need further information, we can either arrange a time to make the file available for
review here in the office or can arrange to have the file scanned at your expense. The cost to scan depends on how big
the file is ($35/inch of file thickness). Please advise if you would like to take advantage of either of these options.
For clarification, the steps forward appear to be:
1. Confirm if any of the projects/lots have overbuilt. If they have overbuilt then:
2. Figure out a game plan to address the overbuilding
3. Modify the permit with the developer to address the overbuilding
4. Transfer to permit from the developer to the HOA
5. Note that any future modifications/renewals from this point will be the responsibility of the HOA
Any lot that installs permeable pavement without the proper approval would not receive BUA credit until it is shown to
meet the requirements and is approved by the Division. Until then, it would be counted as impervious. There are a few
ways to move forward if permeable pavement has been installed without proper approval and the lot exceeds its BUA
allocation:
1. Confirm the BUA constructed on their lot and that it is being counted accurately. For instance, is there any
landscaping material that is being counted as BUA that would actually be pervious or is the building BUA based
on the foundation footprint and excludes the roof overhang? Please reference GS 143.214.7 (b2) and Chapters
A-4 and E-2 of the Stormwater Design Manual for clarification.
2. Work with the permittee to take advantage of and reallocate anv Permitted future BUA allocation or unclaimec
aensity aiiowea unaer the rules ii.e. the oeveiopment is anowea L5ro out tney ony permittee Lu7o). i nis option
requires the permittee to submit a modification to the permit and updated deed restrictions to be recorded.
3. If the project is high density but does not include a future BUA allocation, work with the permittee to have a
licensed professional evaluate the SCM to see if it has extra capacity (either in the design condition or the as -
built condition) to handle an increase in the BUA within that drainage area. This option requires the permittee to
submit a modification to the permit and updated deed restrictions to be recorded.
4. Work with the permittee to identify if there is a donor lot available within the same subdivision permit (and
same drainage area) that could "gift" some of its BUA allocation. Donor lots that have already been built will
need to be surveyed to confirm their as -built BUA and confirm the amount available that can be gifted to a lot
that has or wants to exceed its BUA limit. This option requires the permittee to submit a modification to the
permit and updated deed restrictions to be recorded for both lots.
5. If it is desired to use #57 stone installed per G.S. 143-214.7(b2). work with the permittee to modifv the
conditions. The responsibility to monitor the installation and use c
their designee, such as the Architectural Review Committee (ARC).
6. If a single family lot would like to use infiltrating Permeable oavem
are three
The same three options
to the permittee
pavement system, then provide the applicable documentation using one of the following three options:
UA

a.
0
on that individual's lot(s) on behalf of the lot owner. In this case, the permittee and the homeowner
would need to determine who is responsible for the requirements associated with that surface, such as
maintenance and ensuring the certification is completed. The benefit of this option is that overall
subdivision permit will be comprehensive, the number of permits issued within the subdivision are
limited which will reduce the chance of compliance issues, it avoids the need to renew this individual
permit every 8 years ($505 application fee), and it avoids the requirement (and $505 application fee) to
transfer the permit when the homeowner sells their lot.
b. Work with the permittee to modify the subdivision's permit to allow the Architectural Review
Committee (ARC) to review applications for individual lots to use infiltrating permeable pavement. The
responsibility to review the applications will fall to the permittee and/or their designee, such as the
Architectural Review Committee (ARC) or a selected licensed professional. The requirements and
process would be clearly laid out in the modified permit text and will require updated deed restrictions
to be recorded. It is somewhat uncommon for an ARC to want to oversee this process; especially since
there are now formal permeable pavement minimum design criteria (MDC) in the regulations.
c. The Lot Obtains its Own Permit: If the first two options are not desirable to the permittee, then the
individual homeowner could apply for a permeable pavement permit for their own lot. That permit
would be associated with the subdivision's permit, but the lot would not be removed from the
subdivision's permit. The homeowner would work with a consultant to prepare an application package
for the single family home and apply to the Division for the permit. Please be aware that the lot owner
will be solely responsible for renewing this individual permit every 8 years ($505 application fee) and will
be required to transfer the permit ($505 application fee) when the lot owner sells their lot.
If permeable pavement was built and does not meet the infiltration requirements and the lot exceeds its BUA
allocation: Remove enoueh BUA or unpermitted permeable pavement to stav within the allocated BUA limit. i.e.
parts of the patio, walkways, or the middle of the driveway that is not driven on
permittee to submit a modification tothe permit for these improvements and requires updated deed
restrictions to be recorded along with the 0&M for that lot. Other requirements, including those listed in
.1050(10), would also need to be met.
Several chapters of the NC DEQ: Stormwater Design Manual can be a useful resource, including Chapter A-4, C-5, and E-
2. The application forms necessary to modify the subdivision permit or apply for a new individual permit can be found
on this website as well as the following website: NC DEQ: New Permits & Permit Modifications.
If you have further questions, please let me know.
Thank you!
Jessica Edmonds, El
Environmental Engineer
Division of Energy, Mineral, and Land Resources — Stale Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7344
Email [e-mail]
Address: 127 Cardinal Drive Ext.
Wilmington, NC 28405
D
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Edmonds, Jessica
From:
Edmonds, Jessica
Sent:
Wednesday, February 2, 2022 11:23 AM
To:
Angela Schmidt
Subject:
Lucky Fish Subdivision - SW8 060429
Attachments:
2015 11 permit -update 060429.pdf, 2015 12 CEI_deficient 060429.pdf
Hi Angela,
It was nice to speak with you yesterday. I have attached an unsigned PDF copy of the most recent permit text along with
a letter that was sent in 2015 for your records. Permit condition 1.3 lists the number of lots and total BUA for the permit,
while Permit Condition 11.11.f discusses the maximum built upon area allocation for each lot. A resource you may find
helpful in determining what counts as BUA is the NCDEQ Stormwater Design Manual, particularly chapter A-4 Built -Upon
Area and E-2 Single Family Homes with BUA. For the question about the roof covering over the permeable pavement in
your backyard: if this roof is retractable (like a sunshade) this would not count as BUA. If it is a permanent structure,
then the foundation of this roof would be counted as BUA, however, any permeable pavement around it has the
opportunity to be reviewed and approved and then be counted as a pervious surface.
Any lot that installs permeable pavement without the proper approval would not receive BUA credit until it is shown to
meet the requirements and is approved by the Division. Until then, it would be counted as impervious. There are a few
ways to move forward if permeable pavement has been installed without proper approval and/or the lot exceeds its
BUA allocation with other impervious surfaces:
1. Ensure BUA is being counted accurately on the lot, i.e. is there any landscaping material that is being counted as
BUA that would actually be pervious? Is the building BUA based on the footprint and excludes the roof
overhang? Please reference GS 143.214.7 (b2) and the stormwater design manual for clarification.
2. If the permit has a future BUA allocation, then the Subdivision's Permit could be modified to reallocate a portion
of the future BUA to an individual lot to increase its BUA allocation. This option requires updated deed
restrictions to be recorded along with a minor modification to be submitted.
Identify if there is a donor lot available within the same Subdivision Permit that could trade some of its BUA
allocation. Donor lots that have already been built will need to be surveyed to confirm their as -built BUA. The
difference between their BUA allocation and as -built BUA can be gifted to a lot that wants to increase its BUA
limit. This option requires updated deed restrictions to be recorded for both lots along with a minor
modification to be submitted to document the changes.
4. Remove enough existing BUA to stay within the allocated BUA limit with the new improvements, i.e. parts of a
patio, walkways, or the middle of the driveway that is not driven on.
5. If a single family lot would like to use permeable pavement to get credit to stay within their impervious
footprint, then there are three options:
a. Modify the Subdivision's Permit to Allow Permeable Pavement on an Individual Lot: The permittee
could apply to the Division to allow permeable pavement on a specific lot in the development on behalf
of the lot owner. In this case the permittee and the homeowner would have to determine who was
responsible for implementing the requirements such as maintenance and ensuring the certification is
completed. The benefit is that overall subdivision permit will be comprehensive, the number of permits
issued within the subdivision are limited which will reduce the chance of compliance issues, and it will
reduce the number of permits that need to be renewed.
b. Modify the Subdivision's Permit to Allow the Architectural Review Committee (ARC) to Review
Applications for Individual Lots: Some permits allow the ARC to review permeable pavement
applications. (If that is already allowed by the permit, then the process would be clearly laid out in the
permit text.) If it is not and the ARC wants to review permeable pavement applications, then the
permittee could apply to modify their permit to allow for that. It is somewhat uncommon for an ARC to

want to oversee this process; especially since there are now formal permeable pavement minimum
design criteria (MDC) in the regulations.
c. The Lot Obtains its Own Permit: If the ARC does not want to review permeable pavement applications
and the permittee does not want to cover the permeable pavement on an individual lot, then the
individual homeowner could apply for a permeable pavement permit for their own lot. That permit
would be associated with the subdivision's permit, but the lot would not be removed from the
subdivision's permit. The homeowner would work with a consultant to prepare an application package
for the single family home and apply to the Division for the permit.
The specifics about permeable pavement are laid out in chapter C-5 of the INC DEQ: Stormwater Design Manual. The
application forms necessary to modify the subdivision permit or apply for a new individual permit can be found on this
website as well as the following website: NC DEQ: New Permits & Permit Modifications.
If you have further questions, please let me know.
Thank you!
Jessica Edmonds, El
Environmental Engineer
Division of Energy, Mineral, and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7344
Email: iessica.edmondso(d)ncdenr.gov
Address: 127 Cardinal Drive Ext.
Wilmington, NC 28405
w
r.,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Angela Schmidt <[e-mail]>
Sent: Tuesday, February 1, 2022 3:41 PM
To: Edmonds, Jessica <[e-mail]>
Subject: [External] email
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRIAN WRENN
Director
October 26, 2021
GCW Properties, L.L.C.
Attn: Robert Alton Capps III, Managing Member
2030 Eastwood Road, Suite 9
Wilmington, NC 28403
NORTH CAROLINA
Enytronrnentat QuaUty
Subject: Stormwater Permit Renewal Request and Transfer Request
State Stormwater Management Permit No. SW8 060429
Lucky Fish Subdivision aka Vineyard at Pages Creek
New Hanover County
Dear Mr. Capps:
State Stormwater Management Permit #SW8 060429 for the subject project expired on August 9, 2020. This is a
reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).
North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a
stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More
information about the Post -Construction state stormwater program can be found on the following website:
deq.nc. ovg /SW
Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found under the Post -Construction section of this site or at:
https:Hdeq.iic.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stonuwater-pro rg am/post-
construction-2. Also, it was noted in the file review that a designer's certification that the project was
constructed in accordance with the approved plans as required by the permit has not been submitted. Please
include this with your application.
Permits are not automatically transferred when the property ownership changes. If this property has had an
ownership change, a permit transfer application form along with the submittal requirements will also need to be
submitted. This form can also be found on the website provided above.
If yyou have any questions regarding this matter, please contact Ashley Smith at [phone] or
ashleym.sm [e-mail].
Sincerely,
M 94
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/ams: \\\Stormwater\Permits & Projects\2006\060429 HD\2021 10 req_ren 060429
cc: Robert Alton Capps 111, Registered Agent; GC W Properties, L.L.C.; 5908 Tamannary Drive; Greensboro, NC
27455
Lucky Fish Subdivision HOA; New Property Owner; 7402 Lucky Fish Lane; Wilmington, NC 28411
Robert Allen Capps; Registered Agent for New Property Owner; 7402 Lucky Fish Lane; Wilmington, NC 28411
Wilmington Regional Office File
D_E Q�� 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
a.ar� 910.796.7215

• 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
GCW Properties, L.L.C.
Information
Sosld: 0638685
Status: Current -Active O
Date Formed: 7/17/2002
Citizenship: Domestic
Annual Report Due Date: April 15th
Currentgnnual Report Status:
Registered Agent: Capps, Robert Alton, III
Addresses
Mailing
2030 Eastwood Rd.. Suite 9
Wilmington, NC 28403
Reg Mailing
5908 Tamannary Drive
Greensboro, NC 27455
Company Officials
Principal Office
2030 Eastwood Rd., Suite 9
Wilmington, NC 28403
Reg Office
5908 Tamannary Drive
Greensboro, NC 27455
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Managing Member
Robert A. Capps , III
5908 Tamannary Drive
Greensboro NC 27455

• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non -Profit Corporation
Legal Name
Lucky Fish Subdivision HOA
Information
Sosld: 1201415
Status: Current -Active O
Date Formed: 5/2/2011
Citizenship: Domestic
Annual Report Due Date:
Registered Agent: Capps, Robert Allen
Addresses
Mailing
7402 Lucky Fish Lane
Wilmington, NC 28411
Officers
Principal Office
7402 Lucky Fish Lane
Wilmington, NC 28411
Reg Office
7402 Lucky Fish Lane
Wilmington, NC 28411
Reg Mailing
7402 Lucky Fish Lane
Wilmington, NC 28411

Corporations Division
Page 1 of 1
Click Here To:
View Document Filings
Corporate Names
North Camfina
Elaine E Marshall DEPARTMENT ojrnw
Sectary SECRETARY of STATE
F0eox2= Raleigh. NCVa6*101 CM9)W7.2000 Account Login
Register
Legal: Lucky Fish Subdivision HOA
Non -Profit Corporation Information
Sosld:
1201415
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
- --
Domestic
- -
Date Formed:
5/2/2011
Fiscal Month:
December
State of Incorporation:
NC
Registered Agent:
Capps, Robert Allen
Corporate Addresses
Mailing:
7402 Lucky Fish Lane
Wilmington, NC 28411
Principal Office:
.7402 Lucky Fish Lane
Wilmington, NC 28411
Reg Office:
7402 Lucky Fish Lane
Wilmington, NC 28411
Reg Mailing:
7402 Lucky Fish Lane
Wilmington, NC 28411
http://www.secretary.state.nc.us/Search/profcorp/9750842 11/16/2015

Corporations Division
Page 1 of 1
dam" North Carolina
J '
Elaine F. Mars#ra€! DEPARTMENT OF THE
Secretary SECRETARY OF STATE
r� Tyo PO Box 29W2 Raleigh, NO 27628-0= (9191807-2000
Click Here To:
View Document Filings File an Annual Report Print a Pre -Populated Annual Report form
Amend a Previous Annual Report
Corporate Names
Legal: GCW Properties, L.L.C.
Limited Liability Company Information
Sosld:
Status:
Annual Report Status:
Citizenship:
Date Formed:
Fiscal Month:
State of Incorporation
Registered Agent:
Corporate Addresses
0638685
Current -Active
Current
Domestic
7/17/2002
December
NC
Capps, Robert Alton, III
Mailing:
5908 Tamannary Drive
Greensboro, NC 27455
Principal Office:
5908 Tamannary Drive
Greensboro, NC 27455
Reg Mailing:
5908 Tamannary Drive
Greensboro, NC 27455
Reg Office:
5908 Tamannary Drive
Greensboro, NC 27455
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Member: Robert A. Capps , III
5908 Tamannary Drive
Greensboro NC 27455
Member: John L Lomax
PO Box 35169
Greensboro NC 27425-5169
http://www.secretary.state.nc.us/Search/profcorp/5487470 11/6/2015

CA201510703743
Date Filed: 4/17/2015 7:56:00 AM
LIMITED LIABILITY COMPANY ANNUAL R Elaine F. Marshall
North Carolina Secretary of State
14
NAME OF LIMITED LIABILITY
SECRETARY OF STATE IDNUMBER:0638685 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2015
SECTION
1. NAME OF REGISTERED AGENT: ROBERT ALTON CAPPS III
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.
STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
5908 TAMANNARY DRIVE 5908 TAMANNARY DRIVE
GREENSBORO, NC 27455, GUILFORD GREENSBORO, NC 27455
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: REAL ESTATE INVESTMENT
3. PRINCIPAL
2. PRINCIPAL OFFICE PHONE NUMBER: 336-288-6143 OFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS COUNTY 5. PRINCIPAL OFFICE MAIUNG ADDRESS
5908 TAMANNARY DRIVE 5908 TAMANNARY DRIVE
GREENSBORO, NC 27455, GUILFORD GREENSBORO, NC 27455
Filing Oace Uaa Only
SECTION C: COMPANY OFFICIALWORGANIZERS (Enter additional Company Officials/Organizers in Section E.) SEE STATEMENT 1
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
i
TI N D: RTIFICATI IN Af�NUAL REPORT. Section D mu�bepleted in its entire by a p n/business entity.
1 iA DATE
Fam moot M alylea 6Y a CanpenY OlsdatOr9mlxa unea Shot. c of on r..
ROBERT A CAPPS, III MANAGING MEMBER
Print a Typa Nome of Canpany Of11CIaYDr91rnaa TITLE
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 45023
A4 1 W441x MAL TO:Seaetay of State, CapaaNIsm tWo D, Post Oraox n B29525, ReNiyr, NC 276260526
96

CA201510703743
GCW'kOPERTIES, LLC
56-2283291
.NC ANNUAL REPORT MEMBERS NAMES AND ADDRESSES STATEMENT 1
ROBERT A CAPPS, III
5908 TAMANNARY DRIVE
GREENSBORO, NC 27455
JOHN L LOMAX
PO BOX 35169
GREENSBORO, NC 27425
STATEMENT(S) 1

Casmer, Jo
From:
Sent:
To:
Subject:
Attachments:
Good morning Shane:
Casmer, Jo
Thursday, February 12, 2015 7:59 AM
'shane lippard'
RE: Lucky Fish
SW8 060429.pdf
The permit was modified in 2012 (copy attached). We have no record of it being certified. I will hold the file in my office
for a day or two; let me know if you want to schedule a file review.
Jo Casmer
From: shane lippard rmailtonegslabellsouth.n
Sent: Wednesday, February 11, 2015 6:17 PM
To: Casmer, Jo
Subject: FW: Lucky Fish
Hello Jo,
I am helping the Lucky Fish subdivision get their stormwater straightened out. Attached was the orginal permit. Do you
have any mods or revisions in the computer? Was it ever certified?
Could you send me anything you can via email, and then I would probably need to do a file review.
Thanks in advance,
Shane Lippard, PE
Right Angle Engineering, PC
910-251-8544

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C201333100221
SOSID: 1201415
Date Filed: 12/5/2013 11:52:00 AM
Elaine F. Marshall
North Carolina Secretary of State
STATE OF NORTH CAROLINA C2013 331 00221
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMAT[ON_CURRENTLY"ON FIJ E
The name of the entity is: Lucy-y F,�1h$�V�oliv sloes µOA
Entity Type: ❑Corporation, ❑Fom�r
ign Corporation, tyrv//onprafit Corporation, ❑Foreign Nonprofit Corporation,
[]Limited Liability Company, ❑Foreign Limited Liability Company ❑Limited Partnership, []Foreign Limited Partnership,
[]Limited Liability Partnership, ❑Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Street: 19 O 4 Ea rk wcod Voao1 I Su;te 21 L1
City, State, Zip Code: �1J'tlmmodivr�, KC 2SLI03 County: Now AcLrin✓eY
The mailing address if different from the street address of the registered office currently on file is:
The name of the current registered agent is: Allen
NEW RORMAnON :.
1. The street address and county of the new registered office of the entity is:
(complete this item only if the address of the registered office is being changed)
Number and Street: 7� 40a LueKy Fist, L ny,e
City, State, Zip Code: WW i�tun I KC. 2 N I 1 County: Nt W 14a no le.r
2. The mailing address if different from the street address of the new registered office is:
(complete this item only if the address of the registered office is being changed)
3. The name of the new registered agent and the new agent's consent to appointment appears below:
(complete this item only if the name of the registered agent is being changed) "_• ' ,
Anqjela Mt61e.& &hyn;o1-t �Ql. ,�P, myj kayul' if 6 F IJUI`�
Type or Prim Name of New Agent ! ' Signature & Mile
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the day of 20 13 .
LUCKu n5h �rbdiwat�r, HOA
EntilyName
p Signature
L(�lrF Off - HoA %✓(QSuvPr
Type or Print Name and 71'tle
Notes: Filing fee is S5.00, This document must be filed with the Secretary of Slate.
• Instead of signing here, the new registered agent may sign a separate wrltteo consent to the appointment, which must be attached to this statement.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised January 2002 Form BE-06

IINI�g1,911MIWI�II�IMI�II�I�A��lllll
2013015707
FOR REGISTRgTIDN TREGISTER OF DEEDS
g11My THEUSCH REgSIEy
2013 My Di 04 22,,7 PM
BK:5733 PG: 785-788 FEE: $26.00
10811MEN
NORTH CAROLINA WARRANTY DEED
Exclse Tax:0.00 'f ,1 (yN�
STATE OF NORTH CAROLINA P `1 S i o - Qo )- V Z 4- ,vo
COUNTY OF NEW HANOVER
Prepared by and Return to: Fuss Law Firm, PC
Brief description for the Index: Common Area - Lucky Fish Subdivision
THIS DEED, made thiday of April, 2013, by GCW Properties, LLC and
Pages Creek Properties, LLC Grantor, to Lucky Fish Subdivision HOA, Grantee,
1809 Castle Hayne Road, Wilmington, NC 28401;
That said Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has bargained and sold, and by these presents does grant,
bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel
of land situated in the County of NEW HANOVER and State of North Carolina, and more
particularly described as follows:
BEING all of the Common Areas, Easements, Roadways shown on Map Book 50,
Pages 113 - 119 New Hanover County Registry.
The property hereinabove described was acquired by Grantor by instrument.
recorded in Book 4937, Page 1860.
All or a portion of the property herein conveyed does not include the primary
residence of a Grantor.
TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges
and appurtenances thereto belonging to the said Grantee in fee simple; subject, however,
to the exceptions, reservations and conditions herein referred to.

And the Grantor covenants with the Grantee, that Grantor is seized of said premises
in fee and has the right to convey in fee simple; that the 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:
(a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for
utilities; (c) restrictive covenants of record, if any; (d) taxes for current year.
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or
K corporate, has caused this instrument to be signed in Its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of Directors,
the day and year first above written.
Pages Creek Properties, LLC
oe
BY
obert A. Capps Manag r
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and In the capacity indicated:
Robert A. Cao sp_
Name(s) of principal(s)
Witness my hand and official seal, this the A J4 day of 6mg, 2013.
My Commission Expires: aevi,401Ir "1t ' -A • > -
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STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated:
Robert A. Capps
Name(s) of principal(s)
Witness my hand and official seal, this the /S q day of April, 2013.
My Commission Expires: Amd,-oj 4- iM • lyia4-a
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V �
1111111111111
2013014354
FOR REGISTRRTIOR REGISTER OF DEEDS
TERRY TNEaECH SEO EY
REY IPUgVER G TY K
2013 APR 23 11:17A5 AM
BK:6730 PG:698-718 FEE346.00
INS18AT I X13014364
STATE OF NORTH CAROLINA
SECOND AMENDED DECLARATION OF
"wri to: CONDITIONS AND RESTRICTIONS
NEW IIANOVER FussUwFirm,
PC LUCKY FISH SUBDIVISION
256-8252
THIS DECLARATION, made the _trday of March, 2013, by GCW Properties, LLC,
and Pages Creek Properties, LLC, North Carolina Limited Liability Companies (hereinafter
called "DECLARANT") for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is or was the owner of certain real property in Harnett Township,
New Hanover County, North Carolina, (hereinafter referred to as the "Property") which is
more particularly described as follows:
All of that certain property in Lucky Fish Subdivision as shown on maps recorded in
Map Book 50 at Pages 113, 115, 117 and 119 in the New Hanover County Registry.
WHEREAS, Declarant did file of record a certain Declaration of Covenants Conditions
and Restrictions for said Property on October 25, 2006 at Book 5097 Page 298 in the New
Hanover County Registry ( the" Original Declaration")
WHEREAS, Declarant, as the holder of at least two thirds of the lots and pursuant to
Article XIV, Section 8, did record an Amended Declaration of Covenants Conditions and
Restrictions for said property on May 8, 2011 at Book 5562, Page 723, in the New Hanover
County Registry; and now, in accordance with Article XIV, Section 8 (e), as Declarant in
control of the Board, Declarant does desire to emend same to clarify certain provisions
regarding maximum built upon areas on each lot, and to reaffirm its intent to subject the
Property to this Second Amended Declaration, which restates, replaces and supercedes the
Original and Amended Declaration.
NOW, THEREFORE, Declarant hereby declares and affirms that all of the Property
described above shall be held, sold and conveyed subject to the North Carolina Planned
Community Act as set forth in Chapter 47F of the North Carolina General Statutes (the "Act")
as well as the following easements, restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desirability of, and which shall rw with the Property and
be binding on all parties having any right, title or interest in the described Property or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1.
DEFINITIONS
SECTION 1. Additional Property. shall mean any property adjacent to or within one
mile of the Property which is now owned or hereafter acquired by the Declarant for purposes
of development and is annexed to the Property, without the joinder or consent of the members
of the Association as hereinafter provided.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each lot.
SECTION 3. Architectural Control Committee (the "ACC") shall mean and refer to

agencies havingjmisdiction thereof shall be observed.
f. Nothing shall be done in or to any home or garage or in, to or upon any of the
Common Areas which will impair the structural integrity of any building, home,
garage or portion of the Common Areas or which would impair or alter the exterior
of any building or portion thereof, except in the manner provided in this Declaration,
g. No industry, business, trade, occupation or profession of any kind, whether
commercial or otherwise, shall be conducted, maintained or permitted on any part of
the Property, except that the Declarant or its agents may use up to two (2) homes at
any given time as models or sales offices. The Association shall have the right,
without any obligation, to permit certain home occupations to the extent that they
comply with local zoning regulations, and to the extent that the Association can
determine, in its sole discretion, and on a cases by case basis, which, if any, home
occupations, would be consistent with scope and theme of the development.
h. Except as may be required by municipal ordinance, and except as may be permitted
by rules and regulations established by the Association in its discretion, no Owner
shall display, or cause to allow to be displayed to public view any sign, placard,
poster, billboard or identifying name or number upon any home, building or any
portion of the Common Areas.
1. No person shall undertake, cause, or allow any alteration or construction in or upon
any portion of the Common Areas except at the direction of and with the express
written consent of the Association, or the Declarant.
j. The Common Areas shall be used only for the purposes for which they are intended
and reasonably suited and which are incidental to the use and occupancy of the
homes, subject to any rules or regulations that may be adopted by the Association
pursuant to its By -Laws.
k. Owners shall be responsible for any damage done to any streets, roadways, access
ways and Common Areas or property of other Owners within the Property which
may be caused by any Owner, his agents, domestic employees, guests, licensees or
invitees. The Association shall have an easement, if necessary, to repair or restore
any such damages. The cost of repair or damages shall be added to and become a
part of the assessment to which such Lot is subject. The Association shall have the
authority to assess any Owner for such damage and such charge shall be added to
and became part of the assessments to which such lot is subject and may be enforced
in accordance with the provisions of Article V herein.
I. All lots are subject to the rules and regulations promulgated by the State of North
Carolina. concerning storm water runoff, as the same may be amended from time to
time and the following conditions and restrictions shall apply:
1. The following covenants are intended to ensure ongoing compliance with State
Storrnwater Management Permit Number SW8 060429as issued by the Division of
Water Quality under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming them.
4. The covenants pertaining to slonnwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
5. Alteration of the drainage as shown on the approved plan may not take place
13

without the concurrence of the Division of Water Quality.
6. The maximum built -upon area per lot, in square feet, is as listed below:
» 4 @UA
LQI OTHER
1A 4,300 1.709
IB 4.300 1.632
gA 4.900 0
Ls1.# @UA
LQJ OTHER
2B 44 300 LAM
2A 4.470 1.667
Lot# D!A
LOT OTHER
}� 4 300 15999
LC 300 2.548
7. Each lot will maintain a 30•• foot wide vegetated buffer between all impervious
areas and surface waters.
•'50 foot for projects located in the 20 coastal counties.
S. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished through a variety of means including roof drain
gutters which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect the lot runoff and directing them into a component of the
stormwater collection system. Lots that will naturally drain into the system are not
required to provide these additional measures.
SECTION 5. Alterations. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Areas except at the direction or with the
express written consent of the Association.
SECTION 6. Lease of Homes. No home shall be leased for transient or hotel purposes. not
may any Owner lease less than the entire dwelling, nor shall any such lease be fix any period of
less than six (6) months. Any lease must be in writing and must provide that the terms of the lease
and occupancy of the dwelling sham be subject In all respect to the provisions of the Declaration
of Covenants, Conditions and Restrictions and By -Laws of the Association and any failure by a
lessee to comply with the terms of such documents shall be a default under the lease.
ARTICLE XI
EASEMENTS
SECTION 1. Walks, Drives, Cart Path, Parking Areas and Utilities. All of the
Common Areas and any other areas of lots so designated shall be subject to a perpetual non-
exclusive easement or easements in favor of all Lot Owners for their use and the use of their
immediate families, guests, invitees, tenants or lessees for all proper and normal purposes and for
ingress, egress and regress in and to such easements for private streets, driveways, walkways, cart
paths, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric
power lines, television antenna lines and other public utilities as shall be established and
specifically designated on any recorded plat of the property prior to subjecting the Property to this
Declaration by the Declarant or its predecessors in title. The Association shall have the power and
authority to grant and to establish in, over, upon and across the Common Areas conveyed to it
such further easements as are requisite for the convenient use and enjoyment of the property. The
easement and powers granted herein shall only apply to the specific easements shown on the
recorded plats.
SECTION 2. Reservation to Declarant. Every Lot shall be subject to an easement for
entry and encroachment by the Declaring or the Association for the purpose of correcting any
problems that may arise regarding grading and drainage. The Declarant, upon making entry for
such purpose, shall restore the affected Lot or Lots to as near the original condition as practicable.
The cost of any corrections made by the Declarant made necessary or resulting from any actions
or negligence of the Lot owner shall be the responsibility of the Lot owner.
SECTION 3. Reservation for Lot 3A. Further, Declaring reserves the right to subject Lot
3A to a contract with a reputable well drilling company for the installation or improvement of a
14

Y01301Z61g
FOR REOI6TRRT REOIBTFR OF WEDS
NE 4 HIRNOVEP. rq�N .
2011 MY 09 0204:03 PM
EK:6662 Pfi:723.146 FEE:$N.00
IM 1101 12610
STATE OF NORTH CAROLINA
AMENDED DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
NEW HANOVER LUCKY FISH SUBDIVISION
THIS DECLARATION, made the V day of May, 2011, by GCW Properties, LLC,
and Pages Creek Properties, LLC, North Carolina Limited Liability Companies (hereinafter
called "DECLARANT') for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Declarant is or was the owner of certain real property in Harnett Township,
New Hanover County, North Carolina, (hereinafter referred to as the "Property") which is
more particularly described as follows:
All of that certain property in Lucky Fish Subdivision as shown on maps recorded in
Map Book 50 at Pages 113, 115, 117 and 119 in the New Hanover County Registry.
WHEREAS, Declarant did file of record a certain Declaration of Covenants Conditions
and Restrictions for said Property on October 25, 2006 at Book 5097 Page 298 in the New
Hanover County Registry ( the" Original Declaration') and now, in accordance with Article
XIV, Section 8 and as the holder of at least two-thirds of the lots, does desire to amend same
to correct certain omissions, provide clarification to certain provisions thereof, and to reaffirm
its intent to subject the Property to this Declaration, which Declaration restates, replaces, and
supercedes the Original Declaratiod.
WHEREAS, Declarant desires to subject said Property to certain protective covenants,
conditions, restrictions, liens and charges as hereinafter set forth for the mutual benefit of
Declarant and succeeding property owners and desires that said covenants, conditions,
restrictions, liens and charges run with the land and be binding upon the Declarant, its
successors and assigns.
NOW, THEREFORE, Declarant hereby declares and affirms that all of the Property
described above shall be held, sold and conveyed subject to the North Carolina Planned
Community Act as set forth in Chapter 47F of the North Carolina General Statutes (the "Act')
as well as the following easements, restrictions, covenants, and conditions, which arc for the
purpose of protecting the value and desirability of, and which shall run with the Property and
be binding on all parties having any right, title or interest in the described Property or any part
thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1.
DEFINITIONS
SECTION 1. Additional PdOperty, shall mean any property adjacent to or within one
mile of the Property which is now owned or hereafter acquired by the Declarant for purposes
of development and is annexed to the Property, without the joinder or consent of the members
of the Association as hereinafter provided.
SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each lot.
RETURNED TO IMT � G-

e. No immoral, improper, offensive or unlawful use shall be made of the Property, or
any part thereof, and all valid laws, ordinances and regulations of all governmental
agencies having jurisdiction thereof shall be observed.
f. Nothing shall be done in or to any home or garage or in, to or upon any of the
Common Areas which will impair the structural integrity of any building, home,
garage or portion of the Common Areas or which would impair or alter the exterior
of any building or portion thereof, except in the manner provided in this Declaration,
g. No industry, business, trade, occupation or profession of any kind, whether
commercial or otherwise shall be conducted, maintained or permitted on any pan of
the Property, except that the Declarant or its agents may use up to two (2) homes at
any given time as models or sales offices. The Association shall have the right,
without any obligation, to permit certain home occupations to the extent that they
comply with local zoning regulations, and to the extent that the Association can
determine, in its sole discretion, and on a cases by case basis, which, if any, home
occupations, would be consistent with scope and theme of the development.
h. Except as may be required by municipal ordinance, and except as may be permitted
by rules and regulations established by the Association in its discretion, no Owner
shall display, or cause to allow to be displayed to public view any sign, placard,
poster, billboard or identifying name or number upon any home, building or any
portion of the Common Areas.
1. No person shall undertake, cause, or allow any alteration or construction In or upon
any portion of the Common Areas except at the direction of and with the express
whiten consent of the Association, or the Declarant.
j. The Common Areas shall be used only for the purposes for which they are intended
and reasonably suited wW which are incidental to the use and occupancy of the
homes, subject to any ridlis or regulations that may be adopted by the Association
pursuant to its By -Laws.
k. Owners shall be responsible for any damage done to any streets, roadways, access
ways and Common Areas or property of other Owners within the Property which
may be caused by any Owner, his agents, domestic employees, guests, licensees or
invitees. The Association shall have an easement, if necessary, to repair or restore
any such damages. The cost of repair or damages shall be added to and become a
pan of the assessment to which such Lot is subject. The Association shall have the
authority to assess any Owner for such damage and such charge shall be added to
and became part of the assessments to which such lot is subject and may be enforced
in accordance with the provisions of Article V herein.
All lots are subject to the rules and regulations promulgated by the State of North
Carolina. concerning storm water runoff, as the same may be amended from time to
time. These regulations currently provide that no more than 4300 square feet of any
Lot shall be built upon area as defined by the storm water rules specified in the
approved plans and the State Permit Number SW060429. CAMA may reduce the
allowable built upon area for those lots located in the Area of Environmental
Concern. (AEC). The 6*rall tract built upon area percentage for the lots in the
subdivision must not exceed 25%. This limitation includes impervious surfaces such
as foundations, structures, pavement, concrete, driveways (including that portion of
the driveway located within a street right of way, which runs from the property line
to the road pavement); and walkways or patios of brick, stone or slate, and gravel,
mad or stone covered areas, not including wood decking or the water surface of
swimming pools. Declarant reserves the right to recalculate the maximum allowable
built upon area in accordance with the storm water runoff rules of the State of North
Carolina, w amended. All drainage swales or drainage patterns used to treat storm
water runoff as require by the State of North Carolina may not be filled in, piped or
changed without the consent of the Declmant, its designee, the Association, or the
13

State of North Carolina and shall be maintained as set forth in Article VI herein.
Notwithstanding the foregoing, all Owners shall comply with any and all storm
water runoff regulations or other such regulations which may be applicable to each
individual Lot.
SECTION 5. Alterations. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Areas except at the direction or with the
express written consent of the Association.
SECTION 6. Lease of Homes. No home shall be leased for transient or hotel purposes. nor
may any Owner lease less than the entire dwelling, nor shall any such lease be fix any period of
less than six (6) months. Any lease must be in writing and must provide that the terms of the lease
and occupancy of the dwelling sham be subject In all respect to the provisions of the Declaration
of Covenants. Conditions and Restrictions and By -Laws of the Association and any failure by a
lessee to comply with the terms of such documents shall be a default under the lease.
ARTICLE XI
EASEMENTS
SECTION 1. Walks, Drives, Cart Path, Parking Areas and Utilities. All of the
Common Areas and any other areas of lots so designated shall be subject to a perpetual non-
exclusive easement or easements in favor of all Lot Owners for their use and the use of their
immediate families, guests, invitees; taunts or lessees for all proper and normal purposes and for
ingress, egress and regress in and to such easements for private streets, driveways, walkways, cart
paths, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric
power lines, television antenna lines and other public utilities as shall be established and
specifically designated on any recorded plat of the property prior to subjecting the Property to this
Declaration by the Declarant or its predecessors in title. The Association shall have the power and
authority to grant and to establish in, over, upon and across the Common Areas conveyed to it
such further easements as are requisite for the convenient use and enjoyment of the property. The
easement and powers granted herein shall only apply to the specific easements shown on the
recorded plats.
SECTION 2. Reservation to Declarant. Every Lot shall be subject to an easement for
entry and encroachment by the Declaring or the Association for the purpose of correcting any
problems that may arise regarding grading and drainage. The Declaring, upon making entry for
such purpose, shall restore the affected Lot or Lots to as near the original condition as practicable.
The cost of any corrections made by the Declaring made necessary or resulting from any actions
or negligence of the Lot owner shall be the responsibility of the Lot owner.
SECTION 3. Reservation for Lot 2B. Further, Declaring reserves the right to subject Lot
2B to a contract with a reputable wel,iilrilbng company for the installation or improvement of a
well for water and water lines for irrigation of landscaping in common areas including the
Community Boating Facility and electricity to same. The well, electricity and all maintenance
costs are a common expense.
SECTION 4. Emergencies. Every Lot and home shall be subject to an easement for entry
by the Association or emergency personnel, including, without limitation, all police, fire
protection, ambulance and all similar persons, companies or agencies performing emergency
services, to enter upon all Lots and Common Areas in the performance of their duties for the
purpose of correcting, repairing or alleviating any emergency condition which arises upon any Lot
and/or Common Areas, and/or hone and which endangers any building or portion of the Common
SECTION 5. Utility Easements, Drainage Easements. Easements as necessary in the
lands constituting the Common Areas and the rear, front and side ten feet of each Lot for the
installation and maintenance of utilities and drainage facilities; including the right of Declarant
and the Association to go upon the ground with men and equipment to erect, maintain, inspect,
repair and use electric, telephone and cable television lines, wites, cables, conduits, sewers, water
mains and other suitable equipment. for the conveyance and use of electricity, telephone
14