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HomeMy WebLinkAboutSW7050508_HISTORICAL FILE_20151210STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE 4�2&5Z2A!2 YYYYMMDD Quible Quible & Associates, P.C. I'1� li.... %,�j Lm I V P.O. Dm.w 870 IGI:y Hawk NC 279e9 ENGINEERING • MARONIVIENTALSCIENCES • PLANNING • SURVIVING Pnone' 252,491.8147 8146 SINCE 1959 D EC 1 0 2015 Fax'.: qulbl Lcom August 13, 2015 web:qufble.corn John J. Snow III n tom`► Old Bear, LLC.t.1iy P.O. Box 661 Murphy, NC 28906 Re: Stormwater Permit No. SW7050508 — Ownership Transfer Rivershore Marina Craven County, NC Dear Mr. Snow, Please find attached the submittal package for the transfer of ownership of Stormwater Permit No. SW7050508 for Rivershore Marina from Wells Fargo Bank NA to Old Bear, LLC. This State Stormwater Permit Name/Ownership Change form will need to be signed and notarized by both the current permit holder and the proposed permittee. Once you have received the appropriate notarized signatures, please return the original document to my attention at Quible & Associates, P.C.; and I will forward the submittal package to NCDENR along with this transmittal to confirm to NCDENR that you have received all of the documents that you are required to have as outlined in the change of ownership form. The first four pages following this transmittal are the State Stormwater Permit Name/Ownership Change Form that you will need to return to our office. The other documents included in this package are for your records. We will also be attaching a check for the review fee in the amount of $40.00 made payable to NCDENR when we submit this package to NCDENR. The following items are included and shall be considered part of this submittal package: 1. State Stormwater Permit Name/Ownership Change Form (requiring signatures from current permit owner and proposed permittee); 2. One (1) copy of the North Carolina Special Warranty Deed; 3. One (1) copy of the Deed of Trust; 4. One (1) copy of the Stormwater Management Permit Application Form (Dated May 10, 2005), which includes the Deed Restrictions and Protective Covenants and the Operation and Maintenance Agreement associated with Permit No. SW7050508; 5. One (1) copy of the most recent permit (Stormwater Permit No. SW7050508 — Ownership Transfer, Dated October 3, 2013); 6. One (1) copy of the Stormwater Management Plan for Rivershore Marina (Dated May 6, 2005); 7. One (1) copy of the LLC Information for Old Bear ,LLC from the Department of the Secretary of State; 8. One (1) copy of the Limited Liability Company Articles of Organization for Old Bear, LLC, designating John J. Snow II I as Organizer for the LLC; 9. One (1) copy of the Rivershore Marina Plan Set: a. Sheet 1 of 3 Stormwater Management Plan — Existing Conditions b. Sheet 2 of 3 Stormwater Management Plan — Proposed Conditions c. Sheet 3 of 3 Stormwater Management Plan — Details Quible Project No. P15024 Rivershore Marina — Stormwater Permit Page 1 of 2 t Please do not hesitate to contact myself or Michael W. Strader, Jr., P.E. by email at bharris@quible.com or by phone at (252) 491-8147 should you have any questions or concerns. Thank you for your attention to this project. Sincerely, Quii�le Associ t s, P.C. andon K rris, I.T. E=ncl: As Stated Cc: File Quible Project No. P15024 Rivershore Marina — Stormwater Permit Page 2 of 2 Quible Quible & Associates, P.C. ENGINEERING • ENMRONMENIALSCiENCES • PLANNING • SUWFYING SINCE 1959 December 8, 2015 Samir Dumpor, P.E. NCDEQ, DEMLR 943 Washington Square Mall Washington, NC 27889 Re: State Stormwater Permit Name/Ownership Change Rivershore Marina, Permit Number SW7050508 Craven County, NC Mr. Dumpor, P.O. Drawer 670 Kitty Hcwk, NC 27949 Phone: 252-491-8147 Fax: 252-491-8146 web: quiblacom �a Li �.... DEC i 0 2015 On behalf of Old Bear, LLC, Quible & Associates, P.C. hereby submits for your review and approval a State Stormwater Permit Name/Ownership Change package for the above referenced project. The previous permit holder, Wells Fargo Bank NA, is transferring full responsibility and ownership of the existing Stormwater Management Permit Number SW7050508 to Old Bear, LLC. The following items are enclosed and shall be considered part of the State Stormwater Permit Name/Ownership Change package- 1 . One (1) original and one (1) copy of the State Stormwater Permit Name/Ownership Change Form; 2. One (1) review fee check in the amount of $40.00 made payable to NCDEQ; 3. One (1) copy of the transmittal sent to John Snow of Old Bear, LLC, dated August 13, 2015; 4. One (1) copy of the current property deed and deed of trust; 5. One (1) copy of the Secretary of State data for Old Bear, LLC; 6. One (1) copy of the Limited Liability Company Articles of Organization for Old Bear, LLC. Please do not hesitate to contact Michael W. Strader, Jr., P.E. or myself at 252.491.8147 should you have any questions or require additional information. Thank you for your attention to this project. Sincerely, Gl"bil & Associates, P.C. Brando.I . arris, E.I.T. Encl: as stated Cc: John J. Snow III, Old Bear, LLC (electronically) David Bruce McFadden, Wells Fargo (electronically) File State of North Carolina RECENED Department of Environment and Natural Resources Division of Water Quality Q �C I 0 2015 STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW7050508 2. Project Name: Rivershore Marina 3. Current Permit Holder's Company Name/Organization: Wells Fargo Bank NA 4. Signing Official's Name: Ryan P. Connelly Title: Assistant Vice President 5. Mailing Address: 90 South Seventh St., 3'° Floor City: Minneapolis State: MN Zip: 55402 6. Phone: 6( 12 ) 316-3704 Fax:( 612 ) 316-4910 II. PROPOSED PERMITTEE I OWNER 1 PROJECT 1 ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) V Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Old Bear, LLC 2. Proposed permittee's signing official's name: John J. Snow III 3. Proposed permittee's title: Organizer 4. Mailing Address: PO Box 661 City: Murphy Phone:( 828 ) 557-2080 5. New Project Name to be placed on permit State: NC Zip: 28906 Fax: (SAME) Rivershore Marina Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ® The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. (This cert'rfication must be completed and signed=by both the cu rr eKp-! rmit holder and the new applicant if this is a change of owners_ hip f 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ® Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, Wells Fargo Bank NA , the current permittee, am submitting this application for a transfer of ownership for permit # SW7050508 I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, ?zany recorded deed restrictions, covenants, or easements, the DWQ approved plans and/ , the approv1� ^ operation and maintenance reement, `wr o the proposed permittee named in Sections II and V of this form. I urther attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. I understand that this transfer of ownership can t be approved by the DWQ unless and until the facility is in compliance with the permit. ,` Signature. C�tJ , Date: Z — /,S` �IV i;ePraent, wells rgo Bank NA 00 I, a r V\ +Z+r/-C"L , a Notary Public for the State of i -e G , County of K-49-W , do hereby certify that pay MJQv personally appeared before me this the day of 4-7, 20and acknowledge the due execution of the forgoing instr en Witness my hand and official seal, (Notary Seal) �N ry Signa ur at c DARONRAY GUTIERREZ w NOTARY PUBLIC STATE OF TEXAS InOl*ly MY COMM. EXP. 3i5117 SSW N/O Change Rev24Sept2012 Page 2 of 4 l t , � �i1, j r s V. PROPOSED PERMiTTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1, John J. Snow 111, Organizer, Old Bear, LLC , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply. to this permit) the most recent permit N/ALJ the designer's certification for each BMP ® any recorded deed restrictions, covenants, or easements ® the DWQ approved plans ® the approved operation and maintenance agreement NIA past maintenance records from the previous permittee (where required) N/A B DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are c all required supporting information and attachments listed above are not incl ed, is App n package will be returned as inccoom ete. Signatu e: Date: / John J. 5 ow III, O n -r, Old r, LLC I,� r a Notary Public for the State of / 1104V-A L-Tj-&& et , County of l / /'� , do hereby certify that personally appeared before me this the day of C , 20 % , and acknowledge the due execution of the forgoin nstrument. -Witnes-s my hand and official seal, �Ndtary Signatur =KimberlyonNC Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: NIA Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: I, , a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev24Sept2012 Page 4 of 4 Image ID: 000002468895 "type: CRP Recorded: 06/18/2015 at 03:06:17 PM RECEIVEDworkflow# Fee Aue ax: $2,59 Pape i of 5 Revenue Tax: $2,590.00 0000136234-0002 Craven, NC Sherri S. Richard Register of Deeds _; DEC 10 2015 13K3364 PG523 r.i Return To: AIVAR0 •r, y, -� /Mark S. Hartman DAVIS HARTMAN WRIGIIT PLI-C C, 209 Pollock Street, New Bern, NC 28560 n Excise, Tax $2,590.00 ` Tax Lot No./ Parcel ID No. 2-036-8004 Mail after recording to: Grantee This i,-.strument was prepared by: Pa-ker Poe Adams & Bernstein LLP, Three Wells Fargo Center, Suite 3000, 401 South Tryon Street, Charlotte, NC 28202-1935 Prief Description For The Index: U.S. Highway 17, Craven County, North Carolina NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this day of June, 2015, by and between: GRANTOR GRANTEE Wells Fargo Bank, National Association, Old Bear LLC, a national banking association a North Carolina limited liability company 301 .function Highway, Suite 238 Tax bill mailing address: Kerrville, Texas 78028 P.O. Box 661 MAC T7505-010 Murphy, NC 28906 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein sliall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETII, that Grantor, for t valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and coitivey unto Grantee in fee simple, all that certain lot or parcel of land described in Exhibit A attached hereto ("Property"). PPAB 2833684v2 t The Property was acquired by Grantor by instrument recorded in Boot: 3046, Page 670, Craven County Public Registry. The Property does not include the primary residence of Grantor. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the Permitted Exceptions (as hereinafter defined). Title to the Property is subject to the matters set forth on Exhibit R attached hereto ("Permitted Exceptions"). Grantee is purchasing the Property solely in reliance on Grantee's own investigation and "AS IS, WHERE 1S", "WITH ALL FAULTS" AND WITH ALL DEFECTS, LATENT OR OTHERWISE-,. Grantee fully releases and discharges Grantor from and relinquishes all rights, claims and actions that Grantee may have or acquire against Grantor which arise out of or are in any way connected with (i) the presence of' Hazardous Materials in, on, under or about the Property (including, but not limited to, any undiscovered Hazardous Materials located beneath the surface of the Property), (ii) violations of any Hazardous Materials Laws applicable to the Property or any activities thereon, (iii) the physical condition of the Property, including any buildings or other improvements included in the Property, (iv) the sale or transfer (including, without limitation, any and all state or local sales or use tax thereon) of any personal property, and/or (v) any of the matters following matters: soils, seismic, hydrological, geological and topographical conditions and configurations; Hazardous Materials and other environmental conditions; physical and mechanical defects in or on the Property, including without limitation, the plumbing, heating, air-conditioning and electrical systerns and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements; the area of the land and the square footage contained in any buildings or other improvements; availability of adequate utilities, water, schools, public access, and fire and police protection; the status and nature of any assessment districts or community facilities districts and the amount of any assessment or special tax liability; present, past or future conformity of the Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan; the character and amount of any tee, charge or other consideration which must be paid, dedicated or donated by Grantee to develop the Property; the condition of title to the Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of the Property; the financial condition of any owner's association, including, without limitation, the adequacy of any reserves held by any owner's association; the adequacy, availability, appropriateness, quality, quantity, legality, use, right to use or any other matter with respect to water, water wells, water rights, water permits or water use at or available to the Property; the suitability, appropriateness, legality or any other matter with respect to the use of' the Property for any particular purpose; or any other matter relating to the Property or to the development or operation of the Property, including, but not limited to, value, feasibility, cost, governmental permissions or entitlements, marketability and investment return. `Hazardous Materials" means oil and other petroleum products, flammable explosives, asbestos, urea formaldehyde insulation, radioactive materials, hazardous wastes, toxic or contaminated substances or similar materials, including, without limitation, any substances which are "hazardous substances," "hazardous wastes," "hazardous materials" or "toxic substances" under any past, present or future federal, state or local statute, ordinance, rule or regulation. This release applies to all described rights, claims and actions, whether known or unknown, foreseen or unforeseen, present or future. 111111111111111111111111111111111111111111111111111111111111111111111111 (Signature and Notary Acknowledgment Page image io: 000002468896 TVpe: CRP Page 2 of 5 PPAE32833b84v2 BK3364 PG524 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seat, the day and year first above written. Wells Fargo Bank, National Association, a national banking association By: • 1'. avid B -ice McFaJLden Vice President STATE OF aC�0_1 - COUNTY OF Ke f r a Notary Public for K(?(r County, State of 1_-kwi_ do hereby certify that David Bruce McFadden ("Signatory"), personally appeared before me this day and acknowledged that he is Vice President of Wells Fargo Bank, National Association, a national banking association, and that she/he, as U PIPS i cte J —,in such capacity and being authorized to do so, executed the foregoing instrument on behalf of the national banking association. I certify that the Signatory personally appeared before me this day, and (check one of the following] ✓ (1 have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one of the followin�j, _ a driver's license or in the form of ); or (a credible witness has sworn to the identity of the Signatory). The Signatory acknowledged to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Witness my hand and official stamp or seal this —l_�, day of --j (A r2 �, 2015. Image ID: oo()002468897 -3364 0=525TV: ���• 3 11PA8 2$33684v2 No ry Public My Commission Expires: 0:j�' [NOTARIAL STAMP -SEAL] * ®=NOTARYPUBLIC Nf*�°`'E 1 lllllll llllll il1 lull 11111 lull lull lull I11II lull l llll 11411 lull lull llll 4111 Image I0: 0000024688P98qeTypee: GRP Exhibit A BK3364 Pc,526 Legal Description All those certain lots or parcels of land situated in Craven County, North Carolina and more particularly described as follows: Beginning at a point in the eastern right of way line of U.S. Highway 17, said point being located South 20 degrees 57 minutes 38 seconds West 7,156.28 feet from NCGS Monument "Resort", THENCE from said beginning point so located South 83 degrees 20 minutes 12 seconds East 145.45 feet; thence South 06 degrees 19 minutes 30 seconds West 250.46 feet, thence South 83 degrees 37 minutes 26 seconds East 105.19 feet; thence South 06 degrees 19 minutes 30 seconds West 437.58 feet, thence North 69 degrees 20 minutes 16 seconds East 552.89 feet, thence South 32 degrees 21 minutes 08 seconds East 45.22 feet; thence North 50 degrees 48 minutes 13 seconds East 307.22 feet; thence South 32 degrees 21 minutes 47 seconds East 301.41 feet to a point in the shoreline of Duck Creek; thence along the shoreline of Duck Creek and the Neuse River the following courses and distances: South 03 degrees 54 minutes 44 seconds West 320.65 feet, South 04 degrees 33 minutes 08 seconds West 410.94 feet, South I I degrees 32 minutes 06 seconds West 608.16 feet, South 24 degrees 08 minutes 35 seconds West 307.94 feet, South 61 degrees 47 minutes 50 seconds West 138.87 feet, South 63 degrees 54 minutes 26 seconds West 38.66 feet, South 41 degrees 47 minutes 20 seconds West 145.35 feet, South 22 degrees 35 minutes 54 seconds West 105.03 feet, South 47 degrees 19 minutes 47 seconds West 73.41 feet, North 86 degrees 38 minutes 09 seconds West 185.68 1-eet, South 83 degrees 48 minutes 02 seconds West 103.68 feet, South 53 degrees 48 minutes 03 seconds West 82.39 feet, South 04 degrees 06 minutes 01 second West 81.61 feet, South 28 degrees 18 minutes 57 seconds West 104.10 feet, South 13 degrees 40 minutes 40 seconds East 70.49 feet, South 18 degrees 07 minutes 48 seconds West 272.11 feet, South 00 degrees 48 minutes 42 seconds West 333.84 feet, South 18 degrees 30 minutes 09 seconds West 173.80 feet, South 18 degrees 07 minutes 52 seconds East 69.22 feet, North 84 degrees 56 minutes 59 seconds East 44.34 feet, North 30 degrees 30 minutes 32 seconds East 50.16 feet, South 72 degrees 34 minutes 17 seconds East 16.37 feet, South 02 degrees 12 minutes 25 seconds East 173.25 feet, South 36 degrees 23 minutes 39 seconds West 166.66 feet, South 14 degrees 08 minutes 06 seconds West 111.54 feet, South 86 degrees 22 minutes 54 seconds West 44.58 feet, North 56 degrees 10 minutes 45 seconds West 55.75 feet, North 28 degrees 13 minutes 58 seconds West 133.19 feet, North 16 degrees 53 minutes 40 seconds West 264.58 feet, North 10 degrees 01 minute 48 seconds West 468.71 feet, North 12 degrees 49 minutes 14 seconds West 547.17 feet, North 01 degree 53 minutes 42 seconds West 151.06 feet, North 02 degrees 03 minutes 16 seconds East 244.51 feet. North 21 degrees 44 minutes 51 seconds West 242.02 feet and North 33 degrees 57 minutes 51 seconds West 217.31 feet to a point in the eastern right of way line of U S. Highway 17; thence along said right of way line, in a northerly direction along a curve to the left, said curve having a radius of 3,143.04 feet, a chord length of 2,025.42 feet and a bearing of North 21 degrees 27 minutes 04 seconds East for a distance of 1,990.56 feet to the point of beginning, containing 78.911 acres, more or less, in accordance with a survey by Atlantic Survey & Design, P A. dated June 2, 2005, entitled "Survey of 78.911 Acre Tract, property of Rivershore, LLC for Realmark Rivershore, 1_,LC", reference to which is hereby made. PPAR 2833684v2 4 Exhibit H Permitted Exceptions 1 11�111111 ti1111�ti�l��ti1ti111ti�ti 11titi� �ti11ti �«�ti �1��� �144 . 000002466899 5p of 5 B �1p41�14 Imaq page OK3364 PG527 I . Ad valorem taxes for the year of 2015 and subsequent years. 2. Matters affecting title to the Property which would be shown on a current and accurate survey of the Property. I Easements, covenants, restrictions and conditions of record, and rights -of -way of public and private streets and roads. 4. All easements, restrictions and rights -of -way as may be apparent from an inspection of the Property. 5. Rights of any parties in possession of the Property, including, but not limited to, tenants under unrecorded leases or rental agreements. 6. All statutes, codes, laws, ordinances, orders, rules and regulations of any governmental authority applicable to the Property, including those relating to zoning, subdivision, construction and land use. PPAB 28336842 State'of North Carolina I"m� Department of Environment and Natural Resources R CCE 1! Division 'of Water Quality AUG 2 6 2013 STATE STORMWATER PERMIT NAMEIOWNERSHIP.CHANGE FORM r 1. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW7050508 2. Project Name: Rivershore Maria 3. Current Permit Holder's Company Name/Organization: BigCypress Land & De `elo ment Company, LLC (Company No Logger Exist— Not Applicable) 4. Signing Official's Name: Duncan NeVkirk _ _ Title: Manager __ T 5. Mailing Address: PO Box_ 746 r win CA ►,end W rkerAv .Cam City: Mt.. Pleasant State: SC Zip: 6. Phone: (843) 38&6585 Fax: ( � 11. PROPOSED PERMITTEE 1 OWNER I PROJECT I ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) .I• ❑ Name change of project .(Please complete Item 5. below) ® Change -in ownership of the propertylcompany (Please complete-items.1, 2, 3, and 4 below) ,Mailing address ! phone number change. (Please complete. Item 4. below) D Other.(please explain): 1. Proposed•permittee's company-name/organization: Wells fargo Bank NA 2. Proposed.permittee's signing off icial's.name:.Ry_an P. Connelly- . .. 3. Proposed.. permittee's.title: AssistantVice -President 4. Mailing Address:.90 oath Seventh St. 3' Floor City: Minneapolis _ _ - _ _State: MN Zip: 55402 Phone: (W 316-3704 Fax: (612) 316-4910 5. New Project Name'to-be placed on permit. (SAME) Rivershore Marina Please check the appropriate. box. The proposed permittee listed..above is., ❑ HOA or-POA<(Attach-documentation. shawing'that.the HOA orPOA.owns, controls, orhas a recorded easement for all, areas -that storrawater system features. Prfnt'pame of HOA .or POA in #1 above and provide name of HOA/POA's authorized representative -i&#2 above) 0 The.property owner 11 Lessee. (Attach a copy of the lease agreement and complete Pmperty:Owner lhfonnation on n' Purchaser.(Aftach a.copy of the pending sales agreement:. Final approval -of this transfer: will be granted. upon receipt of a copy of the'redorded deed] = ' ❑ Developer'(Cor'nplete Property OW66r-lntba iation on page 4)- SSW N/Q Change Rev24Sept2012 Page 1 of 4 • - : n. - �1 - yr �� .. ! C III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required Items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certificatlon:must:be completed:6nd4Igned'1y:both':Ih'e current permit,holder.and the new applicant if this is a change'of ownership; 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants; or easements if required by the permit. 4. The desiggner's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office); If required by the permit and if not already submitted to DWQ. 5. If the proposed permittee Is a firm, partnership, association_ institution. corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this Is an initial transfer from the original permittee the processing fee Is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/herfits name, the project name, or mailing address, but will retain the permit.1, the current permittee; hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a namelownership change is accurate and complete to the best of my knowledge, I understand that if all required parts of this application are not completed or It all required supporting information and attachments listed above are not Included, this application package will be returned as incomplete. Check here if current permittee is transferring the property to anew owner and will not retain ownershipp of the perm!. i, the current permittee, am -submitting this application for a transfer of ownership for pit # 5WJ*7iK0504 1 hereby notify DWO of the sale or other legal transfer of the stormwater system associatedwith this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections 11 and V of this form. 1 understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. 1­1 Signature: I:i Date: tr I, Pn C, r-, a Notary Public for the State of .50 VAT 1 Cz,ro I i'r, A , County of _ t✓Y G , do hereby certify that T)k An_L C,,.n n L� t1L _personally appeared before me this the - 13 day acknowledge the due execution of the (Notary Seal) wil FiliI I itif t ' r:., ...,. '�..• .,i:•::r,; `�.{;,.i'. gat' _. ce�.:r .. 'a�;f `cS,s �,,. ., S.';^:� �',.,t,�•. '� , IF V. PROPOSED PERMITTEE CERTIFICATION. (This section must be completeo,by the Proposed Permittee for all transfers of ownership) 1, Wells Fargo Rank NA (C/o Ryan P. Cortnellyj , hereby notify the..DWQ that 1 have acquired through sale, lease or legal transfer, the responsibility for operating:and maintaining; i'rhe permitted stormwater management system, and; if applicable, constructing the permitted system. l acknowledge and attest that I have received a .copy of: (check all that apply to this p?rmit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as-buiit.plans the approved operation and maintenance agreement past maintenance records from the previous permittee (where -required) Lj DWQ stormwater inspection report showing complian within 90 days'priorto this transfer 64#� (have reviewed the permit, approved plans -and other docume is Iis(ed�above, and;) will comply with the terms and conditions of the permit and.approve.d plans. I acknowledge and agr66.that I will operate and maintain. the system pursuant to the, requirements listed in -the permit a I d in the operation and maintenance agreement:.) furtherattestthat this application for a narie/ownership change is accurate and complete to the best of my knowledge. lunderstand that if 0,require'd parts of this application are not completed or if all required supporting information and-attachm(ints, listed above are not i luded, application package will be returned as incomplete. Signature: Date:qJZ5 I, A! ri ,6 , a Notary Public for,. the State of rLA` so -fS _ County ofin'~� : r.. , do Hereby certify that n C o rt c personally appeared. before me this .the d ; day ofi N�p 4- : and acknowledge the dub execution of the forgoing instrument.. Witness my hand and official seal,. (Notary Seal) DONNA MIMRIE Ri Notary Public 3 NElrtnesota My Camm, Expires Jan 31, 2015 Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division -ot Water Quality. '. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on'the attached map. Phase note that if the Proposed. Permittee listed. above is. not the property owner, the property owner must complete, and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. SSVV N/Q Change Rev24Sept201-2 i t } Page 3 of 4 , e - _ _ . f •- a t�' - .. .. r. - � _ � - . , , VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed P. ermitfee listed in Sections 11 and V of this. form is, not. the Property Qwner, the Property Owner must provide his/her Contact Information below and sign this fbim !I Printed Name: 640f Organization: Title within the Organization: d Street Address: City: State: Zip: Mailing Address: (if different from street address) City: _ State: Zip: Phone: Fax: Email: i certify that I. own -the property identified in this permit transfer document and have given permission to the Proposed Permittee listed: in Sections. II and V to develop andlor,.lease the-property:.-A:copy of the lease agreement or other contract, which. indicates the"party. responsible for the construction and/or operation and maintenance of the stormwater.system,-has been -provided with the submittal. As the legal property owner I acknowledge, understand, and.-aggree�by my signaturE appear as a permittee along with the.lessee/developer and./ wii11116refore share re; compliance with the DWQ Stormwater permit. As the props owner., it is my respc DWQ by submitting a completed Name/Ownership Change Form within 30 days of; developer, lessee or purchaser for the property. l understand that failure to operate stormwater treatment facility in accordance with the permit is a violation of NC Gene (NCGS) 143-215.1, and may result in appropriate enforcement action including the: civil penalties of up.to $25,000 per day, pursuant to NCGS' 143-215.6. Signature of the property owner Date: day of a Notary. Public for County of do t persanally.appeared before.mer 20 , and acknowledge. the >elow, that I will onsibility for sibility to notify =uring a nd maintain the at -Statute ssessment of .State of by.certify that the execution of the forgoing instrument, Witness my hand and official, 'seal, Notary Signature (Notar,Seal)� 1 E i SSW N/O Change Rev24Sept2012 Page 4 of 4 i Newkio r E N V f R O N MENTAL INC. POST OFFICE BOX 746 NIT, PLEASANT, SC 29465-0746 Z ago a � PITNEY BOWES 02 1P $ 000.461 0004496995 AUG 20 2013 MAILED FROM ZIP CODE 29492 Sc_ofi-t V , ovscx,) D; v I;s 1`rM on e ''5cy?5Y NC I�NR OC 6 h1' 4vr , GE 1Elil11111Jill) 1111111p illijk11)it)il1111),1111til1ilijdillflil . State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SV 7050508 I 2. Project Name: Rivershore Marina 3. Current Permit Holder's Company Name/Organization: Bich Cypress Land & Development Company, LLC (Company No Longer Exist — Not Applicable) i 4. Signing Official's Name: Duncan Newkirk Title: Manager 5. Mailing Address: PO Box 746 I City: Mt. Pleasant State: SC Zip: 29465-0746 6. Phone: (843) 388-6585_ _ _ Fax: { ) II. PROPOSED PERMITTEE / OWNER 1 PROJECT 1 ADDRESS INFORMATION 1 [a. This request is for: (please check all that apply) Lr" ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the prop ertylcompany (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address 1 phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company namelorganization: Wells Fargo Bank NA 2. Proposed permittee's signing official's name: Ryan P. Connelly 3. Proposed permittee's title: Assistant Vice President I I 4. Mailing Address: 90 South SeventhSt._,_3`_d. Floor _ _ { i• City: Minneapolis State: MN Zip: 55402 I Phone: (612) 316-3704 _ _ Fax: (612)316-4910 I 5. New Project Name to be placed on permit: (SAME) Rivershore Marina i _ Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner i ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner lnfo►rnation on page 4) i ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) i ❑ Developer (Complete Property Ownerinfonnation on page 4) I I SSW NIO Change Rev24Sept2012 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/ifs name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a namelownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. a Check here if current permittee is transferring the property to a new owner and will not retain own ship of the permit. I, Dun Newkirk the current permittee, am submitting this ap ation for a transf6r.Qf ownership for permit # SW1050508 . I hereby notify DW the sale or other legal tr fer of the stormwater system associated with this permit. I have'pro i ed a copy of the most recent pe it, the designer's certification for each BMP, any recorded de' restrictions, covenants, or easeme , the DWQ approved plans and/or approved as -built p s, the approved operation and maintenan agreement, past maintenance records, and the st recent DWQ stormwater inspection repo he proposed permittee named in Sectio I and V of this form. further attest that this application a name/ownership change is ac ate and complete to the best of my knowledge. I understand that I required parts of this app i tion are not completed or if all required supporting information and atta ents listed above not included, this application package will be returned as incomplete. I a ' n all rights obligations as permittee to the proposed permittee named in Sections 11 and this . I understand that this transfer of ownership cannot be a70A by the DWQ unles d until the facility is in compliance with the permit. Signature: of County of 20 ate: a Iary Public for the State of do hereby certify that Tonally appeared befor e'this the and acknowledge the due a cution of the forgoing4strument. Witness my hand and official seal, ry Signature (Notary Seal) SSW N/O Change Rev24Sept2012 Page 2 of 4 V. ' PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, Wells Fargo Bank NA (C/o Ryan P. Connelly) hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements (N Of) the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement epast maintenance records from the previous permittee (where required) DWQ stormwater inspection report showingcompliance within 90 days prior to this transfer &A 11e4b: Ao Caftsf"000� InhS 4e.109A P at4_ . t v``t7 1 have reviewed the permit, approved plans and other documents ed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that Wall required parts of this application are not completed or if all required supporting information and attachments listed above are not i luded, application package will be returned as incomplete. Signature: Date: q/Z5 1 ?�01 a Notary Public for the State of County of _PH-' ��� p ; _ , do hereby certify that personally appeared before me�this the �3 _day of L , 201> , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Dom] otary Signature DONNA MARIE REID Notary Public Q_" Minnesota �My 'r��� Comm. Expires ,tan 31, 2015 Notary Seal) Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Qualify. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permiftees. SSW N1O Change Rev24Sept2012 Page 3 of 4 @ _4..:� .� : . S1 ''? tJ� •� '. A �� 3 �� 7 � VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION 1f the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this fonn: Printed Name: (410 _ Organization. - Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days ofiprocuring a developer, lessee or purchaser for the property. I understand that failure to operate; and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the }assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: County a Notary Public for the State of do hereby certify that personally appeared before meithis the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev24Sept2012 Page 4 of 4 M April 23, 2013 A E" C C NCDENR-DCM APR z s 2013 C/o Scott Vincent ; 943 Washington Square Mall v Washington, NC 27889 Re: Rivershore Marina, Storm Water Management Permit SW7050508 (LAMA — No. 83-05) Scott, The property formerly owned by Rivershore, LLC received a CAMA Major Permit (Number 83- 05) from North Carolina Department of Coastal Management for Major Development in an Area of Environmental Concern and to Excavate/Fill pursuant to NCGS 113-229. The permit also includes a Storm Water Management Permit SW7050508, "Rivershore Marina". The property ownership was transferred to Wells Fargo Bank NA on 12/08/11. A copy of the current deed is attached, as well as current Tax Parcel ID Card for reference. Wells Fargo Bank NA has contracted us to have the LAMA Major Permit and Stormwater Management Permit transferred to their name. Please find the attached: - State Stormwater Permit Name/Ownership Change Form - Wells Fargo Deed - Current Tax Card Contact Person - Wells Fargo Bank NA: Ryan P. Connelly, Assistant Vice President, Direct Line: (612) 316-3704. Feel free to contact him as needed. If you need any additional information, please feel free to contact me at (252) 327-9623 or email at hnichols ecc Ilc.com. Sincerely, Howard Nichols, Owner ECC, LLC Cc Ryan Connelly, Wells Fargo ECC, LLC Box 20714, Greenville, NC. 27858—1-2-A2 Regency Blvd., Greenville, NC 27834 Office (252) 327.9623 - Fax (252) 439-0462 — www.ECC-ENC.com State of North Carolina I Department of Env4ronment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW7050508 2. Project Name: Rivershore Marina 3. Current Permit Holder's Company Name/Organization: Big ffress_Land & Development Company, LLC (Company No Longer Exist — Not Applicable) 4. Signing Official's Name: Duncan Newkirk_ _ Title: Manager 5. Mailing Address: PO Box 746 �j City: Mt. Pleasant State: SC Zip: 29465-0746� 6. Phone: 843 388-6585 Fax: ( _) I 11. PROPOSED PERMITTEE 1 OWNER 1 PROJECT I ADDRESS INFORMATION This request is for, (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 21 3, and 4 below) ❑. Mailing address / phone number change. (Please complete Item 4 below) j ❑ Other (please explain): j 1. Proposed permittee's company name/organization: Wells Fargo_ Bank NA _ 2. Proposed permittee's signing official's name: .Ryan P. Connell II� 3. Proposed permittee's title: Assistant Vice President I t 4• Mailing Address: 90 South Seventh St., 3`d. Floor City: Minneapolis State: MN —Zip: Zip: 55402 Phone: (612) 316-3704 Fax: (12) 316-4910 5. New Project Name to be placed on permit: (SAME) Rivershore Marina_ Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach documentation shdwing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print'name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in' #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a. copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev24Sept2012 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit .hoid&.and the new.applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements; if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association; institution, corporation, limited liability company; or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I; , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be -returned as incomplete. X Check here if current permittee is transferring the property to a new owner and will not retain ownershi of the perm' . I. �uLh-�r the current permittee. am submitting this application for a transfer of ownership for permit # SW-105050T I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements. the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records. and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections 11 and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included; this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named In Sections II and V of this form, I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: Date a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of ; 20 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal: (Notary Seal) Notary Signature SSW NIO Change Rev24Sept2012 Page 2 of 4 Ill. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed, by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are�availabie from each DWQ Regional office), if required by the permit and if not already submittedto DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporatitiH, limited liability company, or other corporate entity, provide documentation showing the authority{of the -named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that >statement: r ❑ Check here if the curren t permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. 1, the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that. this. application for a name/ownership change is accurate. and complete to the best of my knowled66. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. Check here if current permittee is transferring the property to a new owner and ill not retain own ship of the permit. 1, Dun-caq Newkirk , the current permittee, am submitting this ap ation for a trans e f ownership for permit.# SW7050508 _ . I hereby ;notify'IDW the sale or other legal tr fer of the stormwater system associated with this permit. I have pro " ed a copy of the most recent pe it, the designer's certification for each BMP, any recorded de restrictions, covenants, or easeme the DWQ approved plans andlor approved as-built.p sI the approved operation and mainterian agreement, past maintenance records, and the st recent DWQ stormwater inspection report he. proposed permittee named .in: Sectio I and Vi'of this form. further attest that this application a name/ownership change is ac ate andcomplete to the best of my knowledge. I understand thati t required parts of this app ' ation are not completed or if all required supporting information and atta ents listed above not included, .this`�application package will be returned as incomplete. I aien-all rights obligations as permittee to the proposed permittee named in Sections 11 and V this -I understand that this t'r,ansfer of ownership cannot be appro by the DWQ un permit- , Signature: 11 County of until the facility is in compiance with the Date: ; ,a Public for'the State of do hereby certify that personally appeared befor eFthis the ,eray of , 20 , and acknowledge the•due . cutic forgoin strument. Witness my hand and official seal, (Notary, Seal) otary Signature ' SSW N/0 Change Rev24Sept2012 Page 2 of 4 of. the V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) ! 1, Wells Farago Bank NA (C/o Ryan ..P, Connelly) hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check ail that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement ❑ past maintenance records from the previous permittee (where required) I;e,{ ) DW Q stormwater inspection report showing compliance within 90 days prior'to this transfer 640� *AWW. 40 C�+►Sf.n+e�#,b� lr+�S �lc,lrs�+ plat.,G , tillepJ I have reviewed the permit, approved plansand other documents above, and{1 will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements -listed in the permit a, d in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if;all required parts of this application are not completed or if all required supporting information and attachments listed above are not i luded, 4 application package will be returned as incomplete. Signature- / Date: y Z� �!ti 1 _ , a Notary Public for;,the State of o County of R do hi reby certify that personally appeared before me'this the 3 day of 20 `� , and acknowledge the die execution of the forgoing instrument. Witness my hand and official seal, Notary Seal) Noiary Jignature DONNA MARIE REID �:q E Notary Public x Minnesota My Comm. Expires Jan 31, 2015 ! Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. I This completed form, including all supporting documents and processing fee (if req fired), should be sent to the appropriate Regional Office of the North Carolina Department of Envirorilment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. a SSW N/O Change Rev24Sept2012 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee fisted in Sections It and V of this form is not the Property Owner, the Property Owner most provide his/her Contact Information below and sign this forma 'a Printed Name: - (000 Organization: Title within the Organization: Street Address: City: State: Zip: a Mailing Address- J (if different from street address) 'I City: State: Zip: Phone: Fax: Email l certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease -the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner l acknowledge, understand, and agree by my signature ;below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Farm within 30 days of,procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the.assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. I Signature of the property owner Date: day of, , a Notary Public forlthe State of County of , do hereby certify that personally appeared before me.i:his the I 20 , and acknowledge the d forgoing instrument. Witness my hand and official seal, Notary Signature execution of the ,Seal) SSW N/O Change Rev24Sept2412 Page 4 of 4 Vinson, Scott From: H Nichols [hnichols@ecc-enc.com] Sent: Thursday, August 08, 2013 5:52 PM To: Vinson, Scott Subject: DWQ Stormwater Transfer (RIVERSHORE MARINA) Attachments: RIVERSHORE MARINA DWQ TRANSFER.pdf As requested ECC Howard Nichols, Owner P.O. Box 20714 Greenville, NC 27858 C0 (252) 327-9623 www.ECC-ENC.com 41ECC Cap ' IIly April 23, 2013 I NCDENR-DCM j C/o Scott Vincent 943 Washington Square Mall Washington, NC 27889 Re: Rivershore Marina, Storm Water Management Permit SW7050508 (LAMA , No. 83-05) Scott, The property formerly owned by Rivershore, LLC received a CAMA Major Permit (Number 83- 05) from North Carolina Department of Coastal Management for Major Development in an Area of Environmental Concern and to Excavate/Fill pursuant to NCGS 113-229. The permit also includes a Storm Water Management Permit SW7050508, "Rivershore Marina". The property ownership was transferred to Wells Fargo Bank NA on 12/08/11, A copy of the current deed is attached, as well as current Tax Parcel ID Card for reference. Wells Fargo Bank NA has contracted us to have the CAMA Major Permit and Stormwater Management Permit transferred to their name. Please find the attached: State Stormwater Permit Name/Ownership Change Form Wells Fargo Deed Current Tax Card Contact Person - Wells Fargo Bank NA: Ryan P. Connelly, Assistant Vice President, Direct Line: (612) 316-3704. Feel free to contact him as needed. if you need any additional information, please feel free to contact me at (252) 327T9623 or email at hnichols@eccpllc.com. Sincerely,-7j'� ` v x, Howard Nichols, Owner ECC, LLC Cc Ryan Connelly, Wells Forgo ECC, LLC Box 20714, Greenville, NC. 27858 — 1-2-A2 Regency B€vd., Greenville, NC 27834 Office (252) 327,9623 - fax (252) 439-0462 — 1vww,ECC-ENC,corn A E AUTHQEMTM TO ACT AS REPRESENTATIVE FQRH r Landowner of record authorizes East Carolina Consulting, JLLC (ECC) and their subcontractors to: 1. Enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; f 2. Enter the site or coordinate Site visits by regulatory agencies (i.e. U.S. Army Corps of Engineers, NCDENR including Division of Coastal Management, Division of Water Quality, Division of Land Quality, etc.) as needed to review regulatory alignment(s) and to identify additional regulatory jurisdictions; and 3. Submit plats and other information to acquire regulatory agency confirmations and/or approvals (i.e. County and/or City governing offices, U.S. Army Corps of Engineers, NCDENR including Division of Coastal Management, Division of Water Quality, Division of Land Quality, etc.); and 4. Provide authorization for ECC to act as your agent for the purposes of obtaining environmental permits, local approvals, and/or other authorizations involving consultants and contractors. Wells Fargo Bank, N.A. (Attn_ Ryan Connelly) Owner E Duck Creek 5R 1609. New 6err, NC Property Description/County ' 2-036 -800 err awnelu e atu Date 1, L (1 Q�, a Notary of the County of i State of hereby certify that�_q " r appeared personally before me this day and being duly sworn acknowledged that the above letter was executed by him. Witness my hand and notarial seal, thisi=day of 00V 20 Notary My commission expires SEAL ECC, LLC r DONNA MARIE REID Notary Public Minnesota 14¢� My COmFT1. Expires Man 31, 2015 North Carolina Secretary of State http://www.secretary.state.nc.us/corporations/Corp.aspx?Piteni Id=7... North Carolina F fi~5 Elaine F. Marshall DEPARTMENT OFTFiE :Y. M• Secretary SECRETARY OF STATE PO Box 29622 Relolgh, NC 2762"622 (919)807-2000 iccount Date: 8/9/2013 Click here to: View Document Filings I File an Annual Report I I Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report I Corporation Names Name Name Type NC BIG CYPRESS LAND & DEVELOPMENT COMPANY, LLC LEGAL Limited Liability Company Information SOS ID: 0780415 Status: Revoked Effective Date: 5I3I2005 Citizenship: FOREIGN State of Inc.: Sc Duration: 12/31 /2060 Registered Agent Agent Name: WASLAW, LLC Office Address: 1001 COLLEGE COURT NEW BERN NC 28562 Mailing Address: Principal Office Office Address: Mailing Address: Officers This website is provided to the public as a part 1221 POST OFFICE BOX 867 NEW BERN NC 28563-0867 1887 CLEMENTS FERRY ROAD CHARLESTON SC 29492 1887 CLEMENTS FERRY ROAD CHARLESTON SC 29492 ry of State Knowledge Base (stem. Version. L1 of 1 8/9/2013 1 1:26 AM North Carolina Secretary of State http://www.secretary.state.oc, us/corporations/Corp.aspx?Pitem I d=7... l" A,ti., North Carolina Elaine F. Marshall D EPARTVI E NT OF THE .� Secretary SECRETARY of STATE PO Box 29622 Raleigh, NC 2762"622 (919)607-2000 Account i-ogin Kegtster Date: 8/9/2013 Click here to: View Document Filings I File an Annual Report I Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC REALMARK RIVERSHORE, LLC LEGAL Limited Liability Company Information SOSID: 0782658 Status: Admin, Dissolved Effective Date: 5/17/2005 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: Agent Resigned Office Address: OFFICE DISCONTINUED Mailing Address: OFFICE DISCONTINUED Principal Office Office Address: 5789 CAPE HARBOUR DRIVE, SUITE 201 CAPE CORAL FL 33914 Mailing Address: 5789 CAPE HARBOUR DRIVE, SUITE 201 CAPE CORAL FL 33914 (Officers Title: MANAGER Name: WILLIAM J STOUT JR Business Address: 5789 CAPE HARBOUR DRIVE, SUITE 201 CAPE CORAL. FL 33914 Title: MANAGER Name: CRAIG A DEARDEN Business Address: 5789 CAPE HARBOUR DRIVE, SUITE 201 CAPE CORAL. FL 33914 This website is provided to the public as a part of the Secretary of State Knowledge Base 1221 system. Version: I1 of 1 819/2013 12:52 PM SECRETARY'S CERTIFICATE WELLS FARGO BANK, NATIONAL ASSOCIATION 1, Patricia A. Ruedenberg, hereby certify that 1 am an Assistant Secretary of Wells Fargo Bank, National Association, a national banking association organized and existing under the laws of the United States of America (the "Bank"), and 1 hereby further certify as follows; 1. The following'is a true and correct extract from resolutions duly adopted by the Board of Directors of the Bank on November 25, 2003, as amended, and no further modification, amendment, rescission or revocation of such resolutions has occur red affecting such extract as of the date of this certificate. RESOLVED, that agreements, instruments, or other documents, includi ng amendments and modifications thereto, relating to or affecting the property or business and affairs of the Bank, whether acting for its own account or in a Fiduciary or other representative capacity, may be executed in its name by the persons hereinafter authorized; I+-'URTHER RESOLVED, that for the purposes of these resolutions, "Executive Officer" shall mean any person specifically designated a an Executive Officer of the Bank by resolution of the Board of Directors, and "Signing Officer" shall mean the Chainnan of the Board, the ?resident, an), Senior Executive Vice President, any Executive Vice President, any Senior Vice President, the Treasurer, any Vice President, any Assistant Vice President, any person whose title includes the word "Officer" (e.g., Commercial Banking Officer, Personal Banking Officer, Trust Officer), or any other person whose title has been or is hereafter designated by the Board of Directors as a title for an officer of the! Bank, and such officers are hereby authorized to sign agreements, instruments acid other documents on behalf of the Bank in accordance with the signing authorities conferred in Farts A, B and C of these resolutions; C. Signing Officers FURMER RESOLVED, that any Signing Officer, acting alone, may I execute on behalf of the Bank, whether acting for its own account or in a fiduciary or other representative capacity: 3. [Real Property.] .Agreements, instruments, certificates and other documents which establish, evidence, modify or terminate, in whole or in part, the Bank's security interest in real property or in any mineral, well or water rights }pertaining to real property, including without limitation any and all deeds, easements, liens, deeds or declarations of trust, mortgages, assignments, acknowledgments of assignment, assumption or subordination or non -disturbance or attornment agreements, cancellations and other terminations of f insurance or guaranties, substitution of trustees, releases, satisfactions, discharges, reconveyances, acceptances, allonges, note endorsements or cancellations, certificates of redemption, assignments of'sherifrs certificates, subdivision and other maps, conditions, covenants and restrictions, encumbrances, agreements and other instruments, including instruments which convert an interest in real property to a condominium or otherwise modify the' nature or intended use of such property as set forth in any map, lot; line adjustment or other land -use documentation required by any governmental entity; and any consents, waivers, modifications, estoppels, requests, demands, claims for or check endorsements representing insurance proceeds, notices, certificates, statements, memoranda, applications, permits, notices of default, elections to sell or cause to be sold real property securing any extension of credit made by the Bank, notices to a trustee under any deed of trust or under any other document relating to such property or credit, set - aside and other letters and other agreements, instruments and other documents which may be necessary or appropriate in the discretion of it Signing Officer for the purpose of servicing such credit or enforcing the rights of the Bank thereunder or foreclosing on such credit or disposing of such property, including without limitation powers of attorney, bills of sale, deeds, escrow instructions, affidavits, real estate brokerage agreements, listing agreements and other agreements, instruments and other documents which may bel necessary or appropriate in the discretion of a Signing Officer for the purpose of administering or disposing of such property. On the date hereof, the following named person was a duly appointed, qualified and acting officer of the Bank, that his cotrect title appears beside his name, and that on said date he was duly authorized to act on behalf of the Bank as set forth in the foregoing resolutions: Dame Title Ryan P. Connelly Assistant Vice President IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of the Bank this 15t day of December, 2011. ti,k4A��rryyir Seal .r'•�'�,.��� 1�,�� l Assistant Secre �oi w�t.ls �° m ! * Reda d ii y resolution which have been omitted because they are not relevant tl the transaction f wf stiffs c-c , '• been reyunsted.l /h * 3:1RUFDPQI IWF.B1Certiricadons\WPD - CatmeJly Cen - C3.6oc -2-. 11111111MIU 111 1111H image ID: 0000020362al Tvaa: CRP Recorded: 121081201t at 10:26.39 AM Foe Ain't.'W,798.00 Paappa 1 of 5 Revenue Tax: 33,770.A4 Vorkflowk 0000059251-OD01 Craven, NC Shorn 6, Richard Register of,Deeds e-3046 po670 Excise Tau $3,770.00 NORTH CAROLMA SPECIAL WARRANTY DEED Tax Lot No.: Parcel ldentificrNo. 2 036 8004 _- Verified by County on the day ofk�,'2021 ' Mail after recording to: 4fifiKft4XX This instrument wan prepared by: Harbu M. Nehxm, Esq., K&L..Gates UP, 214 North T yam Street, Haarat Tower, 47'h F1oor,;Charlotte, NC 28ZW-(R x 47) Mail io: HCTIA, 6201 Fairview Rd., Suite 225, Charlotlo, NC 28210: File 4 1003-2083 Brief Description for the index ' U.S. Hwy. 17, Craven County, North Carolina T1119DEED made as of October 14, 2011, by -and between; GRANTOR GRANTEE RE:ALMARK RIVERSHORE, LLC, WELLS FARGO BANK, N.9- a North Carolina Limited liability. company 301 S Tryon St 5789 Cape Harbor Drive, Suite 200 10th Floor, MAC D1129400 Cape Carat, FL 33914 Chnrrlotte, NC 28282-1915 Attu, Joe Puma Enter in appropriate block for each' party: name, address', and, if appropriate, character of entity, e.g., corporation or partnership.' Tho des4uution Grantor and Grantee as used lwxein shall include said pard", their heirs, successors, and assigns, and shall include singular, plume, masculisse, feminine or neuter as required by context, Blanco Tnckahe - Attn; Q. ✓ P. O. 2500g WinelOn-Salem, NC 27114-$Ong CEW (W33s4 V3 I look: 3046 Page; 670 Seq: 1 g® 2 of 5) 1 , WITNESSETN, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby at_Imowledged, has and try these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Craven County, North Carolina and more particularly described as follows (the 'Property'): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY RSFERENCIL The property hereinabove describcd was acquired by Grantor by instrument(a) recorded in Book 2315 at Page 664 in the- Craven County, North Carolina, Public Registry (the "Registry"). TO HAVE AND TO HOLD the property and all privileges and appurtenances thereto belonging to the Grantee in fee. simple. And Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is conveyed subject to the following exceptions: l9EE KXHISIT B ATTACHED HERETO AND INCORPORATED HEREIN BY MERENCB. That this Deed is an absolute conveyance of the title to said premises to Grantee for n fair and adequate consideration and is not intended as a mortgage, trust conveyance or security of any kind; that it is the intention of Grantor to convey to (.grantee herein all its right, title and interest absolutely in and to said premises; and that possession of said prrudscs shall be surrendered to Grantee upon the recording of this Deed in the Rcgstry. That in the execution and delivery of this Deed, Grantor is not acting under any misapprehension as to the effect hereof, and acts freely and voluntarily and is not acting under coercion or duress. That this conveyance is made with the express intention that the interest in the pmraines herein conveyed by Grantor to Grantee shrall not merge with the interest in the premises heretofore conveyed by Grantor to Trustee (as defined in the applicable Deed of Trust) for the benefit of Weds Fargo Bank, N.A., as successor by merger to Wachavia Bank, National Association by that certain Deed of Trust, Assignment of Rents and Security Agreement of record in Book 2315, Page 670 of the Registry, and that such interests shall be and remain at all times separate and distinct, notwithstanding any union of said interests in Grantee at any time by purchase, termination or otherwise, and that the lien of such Deed of Trust shall be and remain at all times a valid and continuous lien an the property therein described until such time as Grantee shall elect to cancel or foreclose said Deed of Trust {W9M®11111011 161111 tes0a to: 0OW02035282 TYPO: CRP Pape 2 of 5 6,3046 PG671 3046 Page: 670 Seq: 2 e 3 of 5) (Signature and [Votary Page Attmhedj IN WITIy' S WHEREOF, Grantor has caused this instrument 10 be signed in its corporate name by its duly authorized officer, the day and year first above written. SUL&LWULRK RPAUD3HOM LLC a !North Carolina limited liability company By: N c� Title: SEAL -STAMP State of )CL County of Lelz— I certify that the following person{s] personally aPPear+ed before me this day, ack o 1 d i g, to hat he she signed the foregoing document: ' Qom_ (Print Narne and 'title). E Date: / D 2011 Print led Naive: oil Notary Public my commisslorl expires: 42-,/,21 /,210 I (Notarial Seal] RMa1rY PaiMic Snr M fap,ia� .RIR P�1�011 i�MaN19RD1I V1111111 01HIIIIII image to: 000OM035Pa3Iwo: W sK3046Pa672 E1ook: 3046 Page: 670 seq: 3 4 of 5) EYM TE A TO SPECIAL WARRANTY ORM Lentil De mtlorx All that certain tract or parcel of land lying, situate and being in Number Two Township, Craven County, North Carolina, and more particularly described as follows: Beginning at a point in the eastern right of way line of U.S. Highway 17, said point being located South 40 degrees 57 minutes 38 seconds West 7,156.28 feet from NCGS Monument "Resort", THENCE from said beginning point so located South 83 degrees 20 minutes 12 seconds East 145.45 feet, thence South 06 degrees 19 minutes 30 seconds West 250.46 feet; thence South 83 degrees 37 minutes 26 seconds East 105.19 feet; thence South 06 degrees 19 minutes 30 seconds West 43 7.5 8 feet; thence North 69 degrees 20 minutes 16 seconds East 552.89 feet; thence South 32 degrees 21 minutes 08 seconds East 45.22 feet; thence North 50 degrees 48 minutes 13 seconds East 307.22 feat; thence South 32 degrees 21 minutes 47 seconds East 301.41 feet to a point in the shoreline of Duck Creek; thence along the shoreline of Duck Creek and the Neuse River the following courses and distances: South 03 degrees 54 minutes 44 seconds West 320.65 feet, South 04 degrees 33 minutes 08 seconds West 410.94 feet, South t I degrees 32 minutes 06 seconds West 608.16 feet, South 24 degrees 08 minutes 35 seconds West 307.94 feet, South 61 degrees 47 minutes 50 seconds West 138.87 feet, South 63 degrees 54 minutes 26 seconds West 38.66 feet, South 41 degrees 47 minutes 20 seconds West 145.35 feet, South 22 degrees 35 minutes 54 seconds West 105.03 feet, South 47 degrees 19 minutes 47 seconds West 73.41 feet, North 86 degrees 38 minutes 09 seconds West 185.68 feet, South 83 degrees 48 minutes 02 seconds West 103.68 feet, South 53 degrees 48 minutes 03 seconds West 82.39 feet, South 04 degrees 06 minutes 01 second West 81.61 feet, South 28 degrees 18 minutes 57 seconds West 104.10 feet, South 13 degrees 40 minutes 40 seconds Fast 70.49 feet, South 18 degrees 07 minutes 48 seconds West 272.11 feet, South 00 degrees 48 minutes 42 seconds West 333.84 feet, South 18 degrees 30 minutes 09 seconds West 173.80 feet, South 18 degrees 07 minutes 52 seconds East 69.22 feet, North 84 degrees 56 minutes 59 seconds East 44.34 feet, North 30 degrees 30 minutes 32 seconds East 50,16 feet, South 72 degrees 34 minutes 17 seconds East 16.37 feet, South 02 degrees 12 minutes 25 seconds Fast 173.25 feet, South 36 degrees 23 minutes 39 seconds West 166.66 feet, South 14 degrees 08 minutes 06 seconds West 111.54 feet, South 86 degrees 22 minutes 54 seconds West 44.59 feet, North 56 degrees 10 minutes 45 seconds West 55.75 feet, North 28 degrms 13 minutes 58 seconds West 133.19 fcut, North 16 degrees 53 minutes 40 seconds West 264.58 feet, North 10 degrees 01 minute 48 seconds West 468.71 feet, North 12 degrees 49 minutes 14 seconds West 547.17 feet, North 01 degree 53 minutes 42 seconds West 151.06 feet, North 02 degrees 03 minutes 16 seconds East 244.51 feet, North 21 degrees 44 minutes 51 seconds West 242.02 feet and North 33 degrees 57 minutes 51 seconds West 217.31 feet to a point in the eastern right of way line of U.S. Highway 17; thence along said right of way line, in a northerly direction along a curve to the left, said curve having a radius of 3,143.04 feet, a chard length of 2,025.42 feet and a bearing of North 21 degrees 27 minutes 04 seconds East for a distance of 1,990.56 feet to the point of beginning, containing 78.911 acres, more or less, in accordance with a ,survey by Atlantic Survey & Design, P.A. dated June 2, 2005, entitled "Survey of 7g.911 Acre Tract, property of Rivershore, LLC for Rtzlmark Rt vershore, LLC", reference to which is hereby made. 1RIMININNM11101111 Irmira 10: 000002035204 Type; CAP Pogo 4 of 5 a-3046m673 Dook: 3046 Page; 670 Seq: 4 1 e 5 of 5) EXHIBIT B TO SPECIAL WAitRANTY_AUEb Taxes for the year 2011 and sgbsequent years, which are a lien but not yet due and payable. lrmapo 10: D00002WS285 Tvoo: CRP Pace 5 of 5 4046-674 Book: 3046 Page: 670 5eq: 5 44 I Craven County Geographic Information System Crawl CdwrV does NOT warrant the inrormetian shG m on this paV and stould be used ONLY Pot tax asses pu�po Ies. This report was created try Craven Courp CIS reportirr4 seMces on 11/14/2012 5:27.09 PM Parcel ID : 2-036 -8004 Owner: WELLS FARGO BANK NA Mailing Address: 1 INDEPENDENT DR FL 8 JACKSONVILLE FL 32202 Property Address : Description: WYATT LN Lot Description : Assessed Acreage: 72.450 Calculated Acreage: 72.450 Deed Reference : 3046-0670 Recorded Date: 1282011 Recorded Survey Estate Number Land Value: $4,312,510 Tax Exempt: No Improvement Value : $0 # of Improvements : 0 Total Value : $4,312,510 City Name, Fire tax District: TRI-COMMUNITY Drainage District: Special District: Land use : VACANT -TRACT SUITABLE COMM DEV Recent Sales Information SALE DATE Sellers Name Buyers Name Sale Type 121812011 REALMARK WELLS FARGO BANK NA STRAIGHT RIVERSHORE LLC TRANSFER 6/7/2005 RIVERSHORE LLC REALMARK RIVERSHORE MULTI-PARCEL- LLC SALE List of Improvements to Site No improvements listed for this parcel Sale Price $1,885,000 $0 I E Credit Resolution Team Wealth Manage I ent 90 South Seventh Street Wells Fargo Center, 3rd FIoor MAC: N9305-032 Minneapolis, MNi55402 April 23, 2013 NCDENR-DCM C/o Doug Huggett, Manager 400 Commerce Ave. Morehead City, NC 28557 E-mail: ❑oug.Huggett@ncdenr.gov Re: CAMA Major Permit - Number 83-05 Mr. Nugget, Wells Fargo Bank NA obtained ownership of Parcel 2-036-8004 in Craven County, NC on 12/08/11. It's our understanding that this property has a CAMA Major Permit for the construction of 105 Boat Slips, Dry Dock Storage & Launch, etc. as detailed in the Permit No. 83- 05, }{# Per this letter, Wells Fargo Bank NA request that this Permit be transferred into our name. f We have contracted with ECC, LLC of 102-A2 Regency Blvd., Greenville, NC 27858 to assist us in this matter. Wells Fargo Bank NA Contact person: Ryan P. Connelly, Assistant Vice President 90 South Seventh St., 3`d. Floor Minneapolis, MN 55402 Direct Line: (612) 316-3704 Sincerely, _1-2 Ryanorinelly, Assista Vice President ECC, LLC Contact person: Howard Nichols, Owner 102-A2 Regency Blvd, Greenville, NC 27834 P.0 Box 20714, Greenville, NC�27858 Office: (252) 327-9623 �oF V4A . r o -c luichael F. Easley, Governor William G. Ross Ir., Secretary North Carolina Department of £mzronmem and Natural Resources May 19, 2005 Mr. Duncan Newkirk, Manager Big Cypress Land & Development Company, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 Dear Mr. Newkirk: Alan W. Klimei_ P.E. Director Di,6ision of Water Quality Subject: Stormwater Permit No. SVV7050508 Rivershore Marina High Density Project Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for Rivershore Marina on May 19, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7050508 dated May 19, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until May 19, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in -this permit are unacceptable, you have the right to request an adjudicatory hearing 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. 5 If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946 6481. Sincerely, ki�..� AI odge Regional Supervisor Surface Water Protection Section AHlsav: C:ISTORMWATERIPERMI-RSW7050508 cc: Pete Chiles, PE Craven County Building Inspections Doug Huggett, DCM — Morehead Washington. Regional Office Central Files North Carolina Division of WaIcr Quality Washinglon Regional O1Fi:; !'hone (252) 94[-G4R'1 17.=17: (252) 94£-92 if Custom: Internet: h2�.enr.state.nc.us 943 Washington Square Mall. VN'asnington- NC 2 1,*9 1477-623-0-4�; NP Stormwater Mariagemerit)Systems, •�*�,"? '"° ..:;•`'' �r':^�w - - "r�.` : PerRiit No -SW7 050508 " STATE OF NORTH CAROLINA ".- DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT - In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION 1S HEREBY GRANTED TO Big Cypress Land & Development Company, LLC Rivershore Marina Craven County FOR THE construction, operation and maintenance of a wet detention basin 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. This permit shall be effective from the date of issuance until May 19, 2015, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 175,111 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 72,614 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 xal `f = ` State Stormwater; Management System�'T Pemnit =050508 M 6. The following design criteria have been provided in the wet detention pond and must be maintained at design' condition: a. Drainage Area,-, acres: . 7.979 b. T6tal`lmpervious Surfaces ft2. 175,114 On -site Buildings, ft�: 48,612 On -site Streets, fi : 39,736 On -site Parking, e: 14,152 On -site Future, ftz: 72,614 C. Design Storm, inches: 1.01 - d. Pond Depth, feet: 4.0 e. TSS removal efficiency: 85% f. Permanent Pool Elevation, FMS. 3.0 g. Permanent Pool Surface Ares, 12,257 h. Permitted Storage Volume, ft : 14,589 i. ..Temporary Storage Elevation, FMSL: 4.1 j. Controlling Orifice: 1.5" 0 pipe k. Permitted Forebay Volume, ft3-. 4,745 I. Receiving Stream/River Basin: Duck Creek 1 Neuse m. Stream Index Number: 27-103 n. Classification of Water Body: "SC; Sw, NSW' II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated fitter. d. Immediate repair of eroded areas. e.. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The failing water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in this pond is 118 horsepower. Page 3of7 6. 7. .. Stormwater Management Systems t„r'.. '", sue'"mac .: -eri• r .. ,.. ...:+,. �y- r�....,_,,m - i• 'Perm�t•No.' SW7 050508, The facilities shall be constructed as shown on the approved*plans. Tliis permit shall become voidable unless the facilities are constructed in accordance with the conditions -of this permit; the approved plans and specifications, and 'other supporting,data..:, . Upon completion of construction; prior to issuanceV a` Certificate of Occupancy, and prior to operation of this permitted facility; a certification'must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and'other supporting documentation: Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system"was`used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 13. 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. 14. This permit shall be effective from the date of issuance until May 19, 2015, Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 " � r ♦ ," -,+� ySr� q F �rt '' S.,. Y. � to r 4 [ �„"y �itS4StatP.1StUrmWateT, [VlallagefTlF:I1t,S�lstems., . -•� �. �`.s` g�i�- i.,;, i�.a.`,r�, ;. „ . =n , s. �. r: r ' Permit�Nof+SW7 050508, III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership. change form, documentation from the 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. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the. transfer request. 2. Failure to•abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. 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) having jurisdiction_ 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 191h day of May, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stomiwater,,Managemen Systems' =5AN .'rat iiglv.s �` ',. _ _ ... _ ` Permit No: SW7 050508 M Rivershore Marina Stormwater Permit No. SVV7050508 Craven County Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of rimy abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 F,=State,Storrnwater M_ anagement Systems'. i4--4 r .� .�,' _ - - Uf. T. r _ _f ^Permit+�No' SW7 050508 M Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Craven County Building Inspections Page 7of7 DETENTION POND ANALYSIS FILE NAME: C:1My Documents\Stormwater\POND1SW7050508 PROJECT #: SW7 050508 REVIEWER: SAV (note that a' needs to preceed proj.## above) PROJECT NAME: Rivershore Marina DATE: 18-May-05 Receiving Stream: Duck Creek Class: SC, Sw; NSW Drainage Basin: Neuse index No. 27-103 Site Area 22.20 acres Drainage Area "37.565:24'' square feet Area = 7.98 acres IMPERVIOUS AREAS Rational C Buildings Streets Parking Sidewalks Other on -site, FUTURE Off -site TOTAL 48612.00 square feet 39736.00 square feet 14152.00 square feet 0.00 square feet 72614.00 square feet 0.00 square feet - 175114 00 square feet (from 2 Outparcels and the ConstrStaginc Rational Cc= 0.10 SURFACE AREA CALCULATION % IMPERVIOUS 50.38% Des. Depth 4 TSS: 85 SAIDA Ratio 3.32% ,o Req. SA 11536 sf p Prov. SA 12257 sf VOLUME CALCULATION * place a "1" in the box if Rational is used Rational ?* FOREBAY Des. Storm 100 inches Perm. Pool Volume= 24755 Rv= 0.50 Req. Forebay Volume= 4951 Bottom -1 msl Provided Volume= 4745.00 (with 2 foreb; Perm. Pool 3:Q0 msl Percent= Design Pool 4.1 msi Design SA 13860 sf Req. Volume 14582 cf SA @ _ Prov. Volume "' of Elevation= P fi11„ �9g , ORIFICE CALCULATIO Avg. Head = 0.52 ft Q2 Area = 3.50 sq. in. Flow Q2, cfs 0.084 cfs Q5 Area = 1.40 sq. in. Flow Q5, cfs 0.034 cfs Orifice Area 1.77 sq. in. No. of Orifices ;;1 Q= 0.043 cfs Diameter, inches 1'.50 weir H x W in x in Drawdown = 4.0 days COMMENTS Surface Area , Volume and Orifice are within Design Guideline According to Pete Chiles,PE talcs. the storm volume F"VI Rivershore Marina Subject: Rivershore Marina From: "R.M. \"Pete\" Chiles, P.E." <pete a robertmchilespe.com> Date: Thu, 19 May 2005 07:48:07 -0400 To: Scott Vinson <Scott.Vinson@ncinail.net> Scott, Instead of me driving up this am, and then Mike Rice Driving up two hours later, I'm going to send the revised detail sheets with him. Will follow up with a phone call this morning. Thanks Again, Pete Chiles 1 of I 1 5/ 19/2005 2: 52 PM Michael F. Easley- Governor r�C A oN O ...William G. floss Jr„ 5ecrelary North Carolina Department orEuvirotunent and Natural Resources rUan W. Klimek, P.E. Director Division of Water Quality 7003 3110 0002 0575 2660 CERTIFIEF IVIAM RETURN RECEIT REQUESTED May 16, 2005 Mr. Duncan Newkirk, Manager Big Cypress Land and Development Company, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 Subject: RETURN Stormwater Project SW7050118 Rivershore Marina Currituck County Dear Mr. Newkirk: This office received a copy of your stormwater application and supporting information on May 10, 2005, for a proposed Rivershore Marina to be located in Currituck County. In a letter dated April 29, 2005 to you (copy of letter attached), additional information was requested by May 29, 2005 to make the application package complete, Because of your desire to resubmit this application through the Division's Express Stormwater Review your original application is being returned to you. The application, plans and specifications will be returned under separate cover. Please be advised that construction of the proposed ,facilities without a valid permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties of up to $10,000 per day per violation may be assessed for failure to secure a permit required by North Carolina General Statute 143-215.1. On May 10, 2005 a high density application for this project was submitted to the Washington Regional Office for Express review. Along with the application were supporting documentation and a new Express Stormwater fee of $4,000. A new stormwater project number has been assigned to this project, SW7050508. Please use this number on any future correspondence. If you have any questions or comments concerning this matter please call me at (252) 946-6481, inc r ly, AI Hodge Regional Supervisor Surface Water Protection Section Enclosure cc: P to Chiles, PE lashington Regional Office ul Notthcal )VAtlln North Carolina Division of Water Quality Wuhington Regional ofti" Phone (252) 9=46-6481 P:�1 (252) 9=46-9215 Customer Service Intemel: h2o enr.slale.nc.us 943 Washington Square MaH. Washingtoa- NC 27S89 1-877-623.6749 i ` �4F W A TF9Q Michael F. Easley, Governor O G William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 29, 2005 Mr. Duncan Newkirk, Manager Big Cypress, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 Subject: Request for Additional Information Stormwater Project No. SW7 050118 Rivershore Marina Craven County Dear Mr. Newkirk: The Washington Regional Office received a Stormwater Management Permit Application for Rivershore Marina on February 17, 2005. Due to a temporary staff shortage in Washington, staff of the Wilmington Regional Office is reviewing the application and will be issuing the permit. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide an original signed application. Both of the applications received are photocopies. 2. Please report all built -upon areas in square feet on the application. 3. It is the opinion of this Office that due to the location of the wetlands, a pocket of high density has been created such that water quality may be threatened. A grassed swale alone is not sufficient to meet the 85% TSS removal requirements for a high density project. The current swale could be deepened and widened in areas to create a 3' deep, linear wet detention pond with an outlet structure. 4. Please submit a suitable engineered system for this pocket of high density with a competed supplement form, sealed design calculations, and revised plans. 5. If using a pond, please remember to specify the side slope vegetation and the wetland species to be planted on the 6:1 shelf. 6. If using a pond, please provide a minimum 10' wide vegetated shelf. 7. The North Carolina Secretary of State has no listing for Big Cypress, LLC. Prior to issuing a permit, the corporation must be registered to do business in North Carolina. Please also provide documentation of your status as manager of the LLC. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Ser0ce1-877-623-6748 Wilmington Regional Offce Wilmington, NC 28405-3845 FAX (919) 733.2496 Internet: h2o.enr.state.nc.us One NorthCarohna An Equal opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Aaturlt!!J Mr. Newkirk April 29, 2005 Stormwater Application No. SW7 050118 Please note that this request for additional information is in response.to a preliminary review. The requested information should be submitted to the Wilmington Regional Office prior to May 29, 2005, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. In order to avoid delays, please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All documents with original signatures must be returned to this Office, or new originals must be provided. Photocopied or faxed signatures cannot be accepted. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer ENB/ari: S:IWQSISTORMWATERIADDINE0120051SW7050118.apr05 cc: Pete Chiles, Jr. Robert M. Chiles Engineers & Consultants Linda Lewis Page 2 of 2 A http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitem [d=7... r' North Carolina S�„� Rc" Elaine F. Marshal! �EPARTVIENT OF THE AS4 Secretary SECRETARYOFSTATE Corporations "Corporations Home *Important Notice "Corporate Forms/Fees "Corporations FAQ "Tobacco Manufacturers "Dissolution Reports "Non -Profit Reports *Verify Certification *Online Annual Reports Links "Secretary Of State Home "Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills 012001 Bill Summaries "Annual Reports 1997 "Corporations 1997 "Other Legislation Search "By Corporate Name "For New Corporation "By Registered Agent Online Orders *Start An Order "New Payment Procedures Contact Us "Corporations Division "Secretary of State's web site Print "Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919}807-2000 Date: 5/5/2005 Click here to: View Document Filings I m7lPrint apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC Big Cypress Land & Development Company, Legal LLC Limited Liability Company Information SOS I D: 0780415 FID: Status: Current -Active Date Formed: 5/3/2005 Citizenship: Foreign State of Inc.: SC Duration: 12131 /2060 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: WASLAW, LLC 1001 College Court New Bern NC 28562 Post Office Box 867 New Bern NC 28563-0867 1887 Clements Ferry Road Charleston SC 29492 1887 Clements Ferry Road Charleston SC 29492 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. 1 of 1 5/5/2005 1:59 PM r s; SOSID: 780415 Date Filed: 5/3/2005 3:40:00 PM Elaine F. Marshall North Carolina Secretary of State C200512300616 APPLICATION FOR CERTIFICATE OF AUTHORITY M. BIG CYPRESS LAND & DEVELOPMENT COMPANY, LLC The undersigned limited liability company, pursuant to N.C. Gen. Stat. § 57C-7-04, hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is Big Cypress Land & Development Company, LLC, and that limited liability company name is available for use in the State of North Carolina. 2. The state or country under whose laws the limited liability company was formed is South Carolina. 3_ The date of formation was July 23, 2004; its period of duration is December 31, 2060. 4. The address of the principal office of the limited liability company is 1887 Clements Ferry Road, Charleston, South Carolina 29492. 5. The street address and county of the registered office of the limited liability company in the State of North Carolina are 1001 College Court, New Bem, Craven County, NC 28562; and the name of the registered agent at such address upon whom process may be served is WASLAW, LLC. The mailing address of the registered office in the State of North Carolina is Post Office Box 867, New Bern, Craven County, NC 28563-0867. 6. The name, title, and usual business address of the current manager of the limited liability company are: Name Title Business Address Duncan C. Newkirk Manager PO Box 746 Mt. Pleasant, SC 29465 7. Attached hereto is the certificate of existence (or document of similar import) duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. 8. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. M 9. This application will be effective upon fling. This the I st day of May, 2005. Prepared by and return to: C. H. Pope, Jr. For the firm of Ward and Smith, P.A. 1001 College Court PO Box 867 New Bern, NC 28563-0867 Telephone: (252) 672-5400 Facsimile: (252) 672-5477 N BMA IM63105511 BIG CYPRESS LAND & DEVELOPMENT COMPANY, LLC By: C Duncan C. Newkirk, Manager The State of South Carolina Office of Secretary of State Mark Hammond Certificate of Existence t, Mark Hammond, Secretary of State of South Carolina Hereby certify that: BIG CYPRESS LAND & DEVELOPMENT COMPANY, LLC, A Limited Liability Company duly organized under the laws of the State of South Carolina on July 23rd, 2004, with a duration that is at will, has as of this date filed all reports due this office, paid all fees, taxes and penalties owed to the Secretary of State, that the Secretary of State has not mailed notice to the company that it is su*ct to being dissolved by administrative action pursuant to section 33-44-809 of the South Carolina Code, and that the company has not filed articles of termination as of the date hereof. Given under my Hand and the Great Seal of the State of South Carolina this 2nd day of May, 2005. Joe 5.4�'A�Aosq Mark Hammond, Secretary of State �OF WA9Q Michael F. Easley, Governor O G William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources =1 o Alan W. Klimek, P.E. Director Division of Water Quality April 29, 2005 Mr. Duncan Newkirk, Manager Big Cypress, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 Subject: Request for Additional Stormwater Project No. Rivershore Marina Craven County Dear Mr. Newkirk: Information SW7 050118 The Washington Regional Office received a Stormwater Management Permit Application for Rivershore Marina on February 17, 2005. Due to a temporary staff shortage in Washington, staff of -the Wilmington Regional Office is reviewing the application and will be issuing the permit. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide an original signed application. Both of the applications received are photocopies. 2. Please report all built -upon areas in square feet on the application. 3. It is the opinion of this Office that due to the location of the wetlands,' a pocket of high density has been created such that water quality may be threatened. A grassed swale alone is not sufficient to meet the 85% TSS removal requirements for a high density project. The current swale could be deepened and widened in areas to create a 3' deep, linear wet detention pond with an outlet structure. 4. Please submit a suitable engineered system for this pocket of high density with a competed supplement form, sealed design calculations, and revised plans. 5. if using a pond, please remember to specify the side slope vegetation and the wetland species to be planted on the 6:1 shelf. 6. if using a pond, please provide a minimum 10' wide vegetated shelf. 7. The North Carolina Secretary of State has no listing for Big Cypress, LLC. Prior to issuing a permit, the corporation must be registered to do business in North Carolina. Please also provide documentation of your status as manager of the LLC. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicet-877-623-6748 Wilmington Regional Office Wilmingtan, NO 28405.3845 FAX (919) 733-2496 Internet: t 2o.enr.stale.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NorthCarolina Natundif Mr. Newkirk April 29, 2005 Stormwater Application No.S_W7 050118 Please note that this request for additional information is in response.to a preliminary review. The requested information should be submitted to the Wilmington Regional Office prior to May 29, 2005, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information,, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. In order to avoid delays, please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All documents with original signatures must be returned to this Office, or new originals must be provided. Photocopied or faxed signatures cannot be accepted. If you have any questions concerning this matter please feel free to call me at (910) 395-3900.. Sincerely, Linda Lewis Environmental Engineer ENBlarl: S:IWQSISTORMWATERIADDINFO120051SW7050118.apr05 cc: Pete Chiles, Jr. Robert M. Chiles Engineers & Consultants Linda Lewis Page 2 of 2 P. 01 .TRANSACTION REPORT � MAY--02-2005 MON 09:59 AM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP MAY-02 09:58 AM 918433886580 531, 2 SEND (( OK ') 235 TOTAL : 53S PAGES: 2 W�TF Michael F. Easley. Governor # RP William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E_ Director Division of Water Quality April 29, 2005 Mr. Duncan Newkirk, Manager Big Cypress, LLC PO Box 746 Mt. Pleasant, SC 29465-0746 Post-iC Fax Note Dalp$0 ,7?671 To D NE 4.6 From coJoopt ! Co. /VC1�I�&J �- Phone # Q C Phone V q a 9� V J Fax # ax # " � Subject: Request for Additional Information Stormwater Project No. SW7 050118 Rivershore Marina Craven County Dear Mr. Newkirk: The Washington Regional Office received a Stormwater Management Permit Application for Rivershore Marina on February 17, 2005. Due to a temporary staff shortage in Washington, staff of the Wilmington Regional Office is reviewing the application and will be issuing the permit. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please orovide an original signed application. Both of the applications received are OFFICE USE ONLY Date Received Fee Paid Permit Number 5�--J27 c' 11 D1f if Q- A e of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form inay be photocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Big Cypress, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Duncan Newkirk, Manager 3. Mailing Address for person listed in item 2 above: P.O. Box 746 City: Mt. Pleasant. State: SC Zip 29465-0746 Telephone Number: (843) 388-6585 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Rivershore Marina 5. Location of Project (street address): Gallowav Road City: Bridgeton _ County: Craven 6. Directions to project (from nearest major intersection): Exit US Highway 17 at Bridgeton to NC Highway 55 east towards Bavboro, take the first right onto — Gallowav Rod follow Galloway Road until road ends, site is at end of Gallowav Road 7. Latitude: 35 D 06" 15" Longitude: 77D 00' 22" of project 8. Contact person who can answer questions about the project: 1 Name: R.M. Pete ChilesJr., P.E. Telephone Number: ( } 252 637-4702 11. PERMIT INFORMATION: 1. Specify whether project is (check one): X New Renewal Modification 1 Form SWU-101 Version 3.99 Pagel of 4 t 2. if this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): X Low Density High Density Redevelop _ General Permit _ Other 4. Additional Project Requirements (check applicable blanks): X CAMA Major X Sedimentation/Erosion Control X 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. ■ III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Project Area: 14.192 acres 4. Project Built Upon Area: 29.0 % 5. How many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Receiving Stream Name Drainage Area 1 Duck Creek Drainage Area 2 Receiving Stream Class SC -SW -NSW Drainage Area 14.192 AC Existing Impervious" Area 0 AC Proposed impervious *Area 4.113 AC % Impervious ` Area (total) 29% Impervious ` Surface Area On -site Buildings Drainage Area 1 1.116 AC Drainage Area 2 On -site Streets 0 On -site Parking 1.332 AC On -site Sidewalks 0 Other on -site 1.667 AC Off -site Total: AC4.115 Total: * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? N/A IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. T. 'Die following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Qualihj. These covenants may not be changed or deleted ivitlrout the consent of the State. 2. No more than square feet of any lot shall be covered by stnuctures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do riot include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessanj to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormrtuater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as penritted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or ' deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BIYIP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement ' Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration 'French Supplement Form SWU-108 Neuse River Basin Supplement A Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 1 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of Stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION if you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Robert M. Chiles, P.E. Engineers & Consultants Mailing Address: T P.O. Box 3496 City: New Bern State: N.C. Zip: 29564-3496 Phone: (252) 637-4702 Fax: (252) 637-3100 VIII. APPLICANT'S CERTIFICATION I, (print or type nan¢e of person listed in General Information, item 2) D1,INCAN NEWKIRK , certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. _ Date: Form SWU-101 Version 3.99 Page 4 of 4 Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality RECEIVED STORMWATER MANAGEMENT PERMIT APPLICATION FORM FEB 17 2005 LOW DENSITY SUPPLEMENT DWQ_WARO This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through .1007. I. PROJECT INFORMATION Project Name : RIVERSHORE MARINA Contact Person: R.M. Pete Chiles, Jr., P.E. Phone Number: (252) 637R4702 Number of Lots: 1 Allowable Built Upon Area Per Lot*: 4.115 acres— * If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. 1 Form SWU-104 Rev 3.99 Page 1 of 2 (SA x DF) - RA - OA = BUA No. Lots Lot Calculation: SA=14.192 DF=0.29 PA=1.332 OA=O BUA/LOT = ? NO. LOTS=1 (14.192 x 0.29) -T 1.332 — 0 = BUAILOT = 2.784 ACRES III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applica is Initials a. b. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. Built upon area calculations are provided for the overall project and all lots. Project conforms to low density requirements within the ORW AEC (if applicable). [I5A NCAC 2H .1007(2)(b)] 1 Form SWU-104 Rev 3.99 Page 2 of 2 RECEIVED r 1 FEB 17 2005 DWQ-WARO STORMWATER MANAGEMENT PLAN FOR RIVERSHORE MARINA GALLOWAY RD. NEAR BRIDGETON, N.C. DEVELOPED BY BIG CYPRESS, LLC 1887 Clements Ferry Road Charleston, SC 29492 Duncan Newkirk CONTACT PERSON (843} 388-6585 PREPARED BY ROBERT M. CHILES, P.E. Engineers & Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 January 10, 2005 .Sob No. 2004130 0 STORMWATER MANAGEMENT PERMIT APPLICATION FORM (swu - 101, VER 3.99) LOW DENSITY SUPPLEMENT (swu - 104, VER 3.99) 1 PART III, ITEM 1. DETAILED NARRATIVE RIVERSHORE MARINA This project involves the construction of stormwater management facilities, site grading and driveway and parking facilities associated with the phased construction of a wet slip marina, marina office and dry stack storage facility. The development plan proposes siting 400 slot dry stack storage facility, marina office, wet slips, and parking and driveway on the site totaling 2.448 acres of impervious surface, there is also a provision for additional development of 1.667 acres of impervious surface in the north west end of the site. The site is a 22.198 Acre tract with an existing man made 8.006 acre basin, or 14.192 acres of land. Proposed stormwater management facilities for the site includes a grass lined Swale and a grass line Swale with a diffusion outlet. Stormwater runoff from the west side of the project and the west half of the roof of the dry stack building flows first into the proposed Swale along the west side of the project. The Swale outlet is a 24" diameter corrugated metal pipe that acts as a control orifice for the Swale, controlling the outflow to the outlet swale. The outlet Swale is a long narrow swale with the outlet cut down to allow for diffuse flow into the adjacent low groung through a 250'+ buffer. The flow diffusion outlet is designed to allow for an outflow, as calculated in the computer model of 15.41 cubic feet per second at a depth of 1' maximum. This flow corresponds to a velocity of less than 0.4 feet per second, well below erosive velocities. 'RECEIVED FEB 1 7 2005 DWQ-WARD 2A OF 4 MANAGEMENT PLAN NARRATIVE PROJECT DESCRIPTION This project involves the construction of stormwater management facilities, site development and driveway/parking construction within the proposed Rivershore Marina. SITE DESCRIPTION The project site is located at end of Galloway Road near Bridgeton, N.C. The property is a grassed field with an excavated basin opening to Duck Creek. The field has been ditched and filled to an approximate elevation of 6.0'. A gravel drive leads into the property from Galloway Road. The existing topography is basically flat, with the ditches draining towards US Hwy 17 and discharges into existing roadside drainage. ADJACENT PROPERTY SOILS The site is bounded on the east and south by Duck Creek, to the west by a property owned by Rivershore, LLC, and to the north by Galloway Road. Soils at the project site are classified as Murville mucky loamy sand (Mu) according to the March 1989 USDA Soil Survey of Craven County. Previous excavation of adjacent properties has shown the soils to be of higher quality than the soils survey indicates, (more sand than muck). Site specific geotechnicai investigations have not been performed. MAXIMUM ALLOWABLE IMPERVIOUS AREA The stormwater management system is designed to meet the requirements for low density development of the site. Changes to the proposed development that increase the overall impervious percentage beyond 29% must be investigated to ensure that design criteria are still met or if permit modifications are required. COMPLIANCE CERTIFICATION Upon completion of construction and prior to operation of this Stormwater Management System, the design Engineer shall submit to the Division of Water Quality a certification stating that the permitted facility has been installed in accordance with the approved drawings, specifications, and any additional supporting documentation. STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW The stormwater management system proposed for this site consists of a swale system pipe, and diffuse flow outlet. The outlet swale is located in the southern side of the project site and the outlet is sized to allow runoff from the entire project site to be controlled. The outlet of the swale is designed for a maximum water level in the swale of Y above the invert. Proposed grading will direct runoff from the northern side of the building, driveway and parking to the swale for treatment. The remainder of the project site is graded to discharge via swales and pipes to the outlet swale wet detention basin for treatment. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to construction of the any built -upon surfaces except roadways. The Owner / Developer shall not fill in, alter, or pipe any vegetative practices (i.e. swale) shown on the approved drawings as part of the stormwater management system without submitting a revision to the stormwater permits and receiving approvals from the Division of Water Quality. Also, the following items will require a modification to the permits: transfer of ownership, project name change, redesign or addition to the approved amount of built -upon area, and any revision to the approved plans. The Division of Water Quality may determine that other revisions to the project require a modification to the permits. FEB 17 2005 DWQ-WARD CALCULATIONS In the following calculations, stormwater runoff from the entire project site is treated by the system of grass lined swales before discharging. However, the overall project represents one drainage area as there is one final discharge point and in one riparian drainage basin. RUNOFF CALCULATIONS Project Area 14.192 ± acres = 618,204 sq. ft. Planned Impervious (building, pavement) 2.448 ± acres = 106,634 sq. ft. Future Impervious 1.667 ± acres = 72,615 sq. ft, Total Impervious 4.115 ± acres = 179,249 sq. ft. Grass, Landscape, etc. 10.077 ± acres = 438,954 sq. ft. Off -site area entering pond 0 sq. ft. ' RUNOFF VOLUME (Schueler's simple method) Runoff Coefficient (Rv) Rv = 0.05 + 0.009(I), where I = percent impervious (30% for calculations) = 0.05 + 0.009(29) = 0.31 Runoff Volume = (Design Rainfall) (Rv)(Drainage Area) = (1 in.) (1 / 12 ft.Pn.) (0.31) (618,204 sq. ff.) = 15970.2 cu. ff. NOTE The flow diffusion outlet is designed to allow for an outflow, as calculated in the computer model of 15.41 cubic feet per second at a depth of 1' maximum. This flow corresponds to a velocity of less than 0.4 feet per second, well below erosive velocities. nECEIVED FEB 1 l 2005 DWQ-WARD �-Etr,:, i �, S11102 PONDPACKOO REPORTS 1 Type.... Master Network Summary Page 2.01 Name.... Watershed File.... C:\Program Files\Haestad\PPKW\2003130\RIVERSHORE MARINA -LOW DENSITY.PPW MASTER DESIGN STORM SUMMARY Network Storm Collection: New Bern Total Depth Rainfall Return Event in Type RNF ID Dev100 11.7000 Synthetic Curve TypeIII 24hr Dev 50 10.8000 Synthetic Curve TypeIII 24hr Dev 25 10.3400 Synthetic Curve TypeIII 24hr Dev 10 7.6800 Synthetic Curve TypeIII 24hr Dev 5 6.2000 Synthetic Curve TypeIII 24hr Dev 1 4.2000 Synthetic Curve TypeIII 24hr Dev 22 1.0000 Synthetic Curve TypeIII 24hr ICPM CALCULATION TOLERANCES Target Convergence= .000 cfs +/- Max. Iterations 35 loops ICPM Time Step = .1000 hrs Output Time Step = .1000 hrs ICPM Ending Time = 72.0000 hrs ------------------------------- MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) {Trun- HYG Truncation: Blank=None; L=Le€t; R=Rt; LR=LeftSRt) Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event ac-ft Trun hrs cfs ft ac-ft S/N: 9211018070C9 Robert M. Chiles Eng & Consultants PondPack Ver. 09.00.077.00 Time: 8:43 AM Dace: 2/15/2005 Type.... Master Network Summary Page 2.02 Name.... Watershed File.... C:\Program Files\Haestad\PPKW\2003130\RTVERSHORE MARINA -LOW DENSITY.PPW ------------------------------- ICPM CALCULATION TOLERANCES 1 Target Convergence=-- 000 cfs +/- Max. Iterations = 35 loops ICPM Time Step = .1000 hrs Output Time Step = .1000 hrs ICPM Ending Time = 72.0000 hrs ------------------------------- 1 a MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt( Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event ac-ft Trun hrs cfs ft ac-ft NORTH AREA AREA 100 1.447 12.1000 -------- 16.07 -------- ------------ NORTH AREA AREA 50 1.322 12.1000 14.76 NORTH AREA AREA 25 1.259 12,1000 14.09 NORTH AREA AREA 10 .892 12.1000 10.21 NORTH AREA AREA 5 .690 12.1000 8.03 NORTH AREA AREA 1 .422 12.1000 5.06 NORTH AREA AREA 22 .034 .6000 2.11 NORTH SWALE POND 100 1.447 12.1000 16.07 NORTH SWALE POND 50 1.322 12.1000 14.76 NORTH SWALE POND 25 1.259 12.1000 14.09 NORTH SWALE POND 10 .892 12.1000 10.21 NORTH SWALE POND 5 .690 12.1000 8.03 NORTH SWALE POND 1 .422 12.1000 5.06 NORTH SWALE POND 22 .034 .6000 2.11 NORTH SWALE OUT POND 100 1.431 12.2000 8.83 4.86 .246 NORTH SWALE OUT POND 100 -.000 .0000 .00 (-Q) NORTH SWALE OUT POND 50 1.306 12.2000 8.00, 4.77 .228 NORTH SWALE OUT POND 50 -.000 .0000 .00.(-Q) NORTH SWALE OUT POND 25 1.243 12.2000 7.68 4.72 .219 NORTH SWALE OUT POND 25 -.000 .0000 .00 (-Q) NORTH SWALE OUT POND 10 .876 12.2000 5.51 4.42 .167 NORTH SWALE OUT POND 10 -.000 .0000 .00 (-Q) NORTH SWALE OUT POND 5 .674 12.2000 4.36 4.25 .136 NORTH SWALE OUT POND 5 -.000 .0000 .00 (-Q) NORTH SWALE OUT POND 1 .405 12.2000 2.96 4.01 .093 NORTH SWALE OUT POND 1 -.000 .0000 .00 (-Q) NORTH SWALE OUT POND 22 .018 1.0000 .11 3.19 .030 NORTH SWALE OUT POND 22 -.000 .0000 .00 (-Q) S/N: 9211018070C9 Robert M. Chiles Eng s Consultants PondPack Ver. 09.00.077.00 Time: 8:43 AM Date: 2/15/2005 Type.... Master Network Summary Page 2.03 Name.... Watershed File.... C:\Program Files\Haestad\PPKW\2003130\RIVERSHORE MARINA -LOW DENSITY.PPW ------------------------------- ICPM CALCULATION TOLERANCES 1 ------------------------------- Target Convergence= .000 cfs +/- Max. Iterations - 35 loops ICPM Time Step = .1000 hrs Output TimeStep=1000 hrs ICPM Ending Time 72.0000 hrs - - -- ---- MASTER NETWORK SUMMARY SCS Unit Hydrograph Method *Node=Outfall; +Node=Diversion;) {Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Max Return HYG Vol QPeak Q eak P Max WSEL Pond e Stora 9 Node ID Type Event ---ac-ft- Trun ---hrs--- --cfs--- ---ft--- aC-ft *OUT 10 JCT 100 3.173 L .1000 15.41 *OUT 10 JCT 50 2.947 L .1000 15.41 *OUT 10 JCT 25 2.832 L .1000 15.41 *OUT 10 JCT 10 2,167 L .1000 15.41 *OUT 10 JCT 5 1.801 L .1000 15.41 *OUT 10 JCT 1 1.313 L .1000 15.41 *OUT 10 JCT 22 .605 L .1000 15.41 OUTLET SWALE POND 100 2.617 12.1000 20.69 OUTLET SWALE POND 100 -.000 .0000 .00 (-Q) OUTLET SWALE POND 50 2.391 12.1000 18.98 OUTLET SWALE POND 50 -.000 .0000 .00 (-Q) OUTLET SWALE POND 25 2.276 12.1000 18.12 OUTLET SWALE POND 25 -.000 .0000 .00 (-Q) OUTLET SWALE POND 10 1.612 12.1000 13.15 OUTLET SWALE POND 10 -.000 .0101 10 (-Q) OUTLET SWALE POND 5 1.245 12.1000 10.44 OUTLET SWALE POND 5 -.000 .0000 .00 (-Q) OUTLET SWALE POND 1 .758 12.1000 6.72 OUTLET SWALE POND 1 -.000 .0000 .DO (-Q) ® OUTLET SWALE POND 22 .049 .6000 1.92 OUTLET SWALE POND 22 -.000 .0000 .00 (-Q) S/N; 921101B070C9 Robert M. Chiles Eng s Consultants PondPack Ver. 09,00,077.00 Time: 8:43 AM Date: 2/15/2005 Type.... Master Network Summary Page 2.04 Name.... Watershed File.... C:\Program Files\Haestad\PPKW\2003130\RIVERSHORE MARINA -LOW DENSITY.PPW ICPM CALCULATION TOLERANCES ------------------------------- Target Convergence= .000 cfs +/- Max. Iterations = 35 loops ICPM Time Step = .1000 hrs Output -Time -Step --«----.000-hrs ICPM Ending Time 72.0000 hrs MASTER NETWORK SUMMARY SCS Unit Hydrograph Method {*Node=Outfall; +Node=Diversion;} (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID--_------ Type Event ac-ft Trun cfs ft ac-ft OUTLET SWALE OUT POND - 100 3.173 ---hrs-- L .1000 - 15.41 3.00 .774 OUTLET SWALE OUT POND 50. 2.947 L .1000 15.41 3.00 .774 OUTLET SWALE OUT POND 25 2.832 L .1000 15.41 3.00 .774 OUTLET SWALE OUT POND 10 2.168 L .1000 15.41 3.00 .774 OUTLET SWALE OUT POND 5 1.801 L .1000 15.41 3.00 .774 OUTLET SWALE OUT POND 1 1.314 L .1000 15.41 3.00 .774 OUTLET SWALE OUT POND 22 .605 L .1000 15.41 3.00 .774 SOUTH AREA AREA 100 1.186 12.1000 13.07 SOUTH AREA AREA 50 1.085 12.1000 12.02 SOUTH AREA AREA 25 1.033 12.1001 11.48 SOUTH AREA AREA 10 .736 12.1000 8.35 SOUTH AREA AREA 5 .571 12.1000 6.60 SOUTH AREA AREA 1 .352 12.1000 4.19 SOUTH AREA AREA 22 .031 .6000 1.92 1 I S/N: 9211018070C9 Robert M. Chiles Eng 6 Consultants PcndPack Ver. 09,00.077.00 Time: 8:43 AM Date: 2/15/2005 MAINTENANCE CONSTRUCTION PHASE The Owner shall ensure that all erosion and sediment control measures are installed prior to the start of construction. Their proper operation shall be checked not less than once every week during construction, and following every runoff -producing rainfall. All deficiencies shall be repaired immediately and in accordance with the permitted Erosion and Sediment Control plan. The stormwater management system shall be constructed in its entirety, vegetated, and made operational for its intended use prior to the construction of any impervious surfaces other than roads. At least weekly during, and at the close of the construction phase of the project, the swales and outlet shall be inspected, repaired as needed, cleaned of sediment and trash, and otherwise restored to the design grades. The inspections shall include the following: • Check the embankments for erosion damage, (i.e., loss of vegetative cover, piping, sloughing, settlement) • Check the areas for accumulated sediment, trash and other debris. • Check the swales for accumulated trash and damage. Any damages discovered during an inspection shall be repaired immediately. Re- sod/reseed/replant bare areas as needed to maintain specified vegetative coverage. Regrading or repairing of the side slopes shall include re -sodding, trimming and/or mowing, as needed. All necessary repairs shall be performed prior to close-out of the construction phase. ROUTINE MAINTENANCE The Owner shall maintain a copy of the approved stormwater drawings and specifications for a period equal to the life of the permit unless otherwise required by the permit. The Owner shall properly maintain and operate, or provide for the maintenance and operation of the approved stormwater management system at all times to assure the optimum working order, performance and efficiency of the system. If there is a failure of this system to perform satisfactorily, including the creation of nuisance conditions, the Owner shall take corrective actions immediately, including those as may be required by the Division of Water Quality or City of New Bern, such as the construction of additional or replacement stormwater management system. The Owner shall maintain records of all maintenance activities and these shall be made available, upon request, to authorized personnel of the Division of Water Quality, These records shall indicate the date of the activity, the name of the person performing the work and what actions were taken. 0 L L I 0 I MAINTENANCE (cont'd) Mowing The side -slopes, embankments, buffer areas, and other grassed areas shall be mowed as required to maintain a maximum height of six inches during the main growing season and at least two other times during the year to prevent woody growth and to control weeds. Inspections The Owner shall inspect the stormwater management system after every significant runoff -producing rainfall event and at least; Monthly for (but not limited to) the following: sediment accumulation; trash accumulation; erosion, subsidence, cracking or bare areas on embankments or side slopes; obstructions or clogging of the stormwater pipe and the wet detention basin outlet structure and discharge pipe outlet; Quarterly in addition to the monthly requirements, for: the condition of all swales, piping,and rip -rap. Semi-annually in addition to the quarterly requirements: to ensure the intended function is still provided; to determine the rate of sediment accumulation; for any modifications which have occurred to the contributing watershed (beyond those proposed) that will increase the amount of runoff directed to the system. Inspections shall be carried out with the approved stormwater plans (specifications and drawings). Occasionally inspections shad be conducted during wet weather, or times of extreme weather to determine if the system is functioning properly and if not, to identify problem areas. Deficiencies identified during inspections shall be corrected immediately. DRAWINGS RIVERSHORE MARINA (SEE SHEET NAMES) for BIG CYPRESS, LLC prepared by ROBERT M. CHILES, P.E. SHEET 1 OF 2 STORMWATER MANAGEMENT PLAN - EXISTING CONDITIONS SHEET 2 OF 2 STORMWATER MANAGEMENT PLAN - PROPOSED CONDITIONS