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HomeMy WebLinkAboutSW8070138_HISTORICAL FILE_20121221STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 _ U�8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 2 ► 2 2l YYYYMMDD A.� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor December 21, 2012 Mr Charles A Paul, III, Manager and CEO Bald Head Island Limited, LLC PO Box 3069 Bald Head Island, NC 28461 Division of Water Quality Charles Wakild, P E Director Subject Stormwater Permit No SW8 070138 Name/Ownership Change and Permit Extension Stevens Park Phase High Density Wet Pond Project Brunswick County Dear Mr Paul Dee Freeman Secretary On August 5, 2009, the Governor signed Session Law 2009-406 This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010 The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years On December 11, 2012, the Division of Water Quality (DWQ) received a Name/Ownership Change Form from Cape Fear Trading Group IV, LLC A file review and site inspection was performed on December 20, 2012 by DWQ and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit The Division is hereby notifying you that permit SW8 070138 has been transferred on December 21, 2012, and shall be effective until March 27, 2021, which Includes the extensions For your records, please find enclosed a copy of the permit, a copy of the inspection report, and a copy of the Name/Ownership Change form submitted on December 11, 2012 This permit is subject to the conditions and limitations as specified in the permit Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www NCOAH corn Unless such demands are made this permit shall be final and binding If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7215 Wilmington Regional Office 127 Cardinal Dnve Extension, Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1-877-623-6748 Internet vnnv ncwaterquality org NorthCarohna Naturally An Fnual nmmrfiunN\ AtfirmaLvr Arrion Fmnlov>r Sincerely, (� for Charles Wakdd, P E , Director Division of Water Quality GDSlkpl S \WQS\Stonnwater\Penmits & Prolects120071070138 HD1201212 permit 070138 cc Rodney Hyson, Cape Fear Trading Group IV, LLC Wilmington Regional Office Stormwater File Page 2 of 2 State Stormwater Management Systems Permit No SW8 070138 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Bald Head Island Limited, LLC Stevens Park Phase I Brunswick County FOR THE construction, operation and maintenance of four wet detention pond in compliance with the provisions of 15A NCAC 2H 1000, effective September 1, 1995 (hereafter referred to as the "stormwater rulesl 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 March 27, 2021 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data This stormwater system has been approved for the management of stormwater runoff as described in Section 16 on page 3 of this permit The subdivision is permitted for 154 lots, each allowed a maximum of 3,750 square feet of built -upon area Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot Page 3 of 10 State Stormwater Management Systems Permit No SW8 070138 6 The following design elements have been permitted for this wet detention pond stonmwater facility, and must be provided in the system at all times Pond 1 Pond 2 Pond 3 Pond 4 a Drainage Area, acres 5291 1992 1127 2083 Onsite, ftz 2,304,876 867,642 490,978 907,555 Offsite, ftz None None None None b Total Impervious Surfaces, ftz 777,927 288,310 146,480 376,444 Buildings/Lots, ftz 322,500 86,250 52,500 116,250 Roads/Parking, ftz 352,227 74,060 80,200 53,744 Sidewalks, ftz 71,400 23,000 12,180 9,850 Pump Station, ftz 1,600 0 1,600 1,600 Clubhouse, ftz 7,200 0 0 0 Indoor Pool, ft2 23,000 0 0 0 Future Phase II, ftz 0 105,000 0 195,000 c Pond Depth, feet 4 4 5 5 d TSS removal efficiency 90% 90% 90% 90 e Design Storm, inches 1 1 1 1 f Permanent Pool Elevation, FMSL 140 1800 1600 12 g Permitted Surface Area @ PP, ftz 91,349 25,726 10,949 22,936 h Permitted Storage Volume, f13 232,217 70,468 24,836 72,467 1 Temporary Storage Elevation, FMSL 1638 205 180 1475 I Controlling Onfice Y" 2"� 1 5-� 2"� k Permanent Pool Volume, f13 284,868 73,013 25,938 67,107 1 Forebay Volume, ft3 55,834 14,833 5,243 13,119 m Maximum Fountain Horsepower 1 1/4 1/8 1/4 n Receiving Stream Cottage Creek o River Basin Cape Fear p Stream Index Number 18-88-9-4 q Classification of Water Body Sc, Sw 11 SCHEDULE OF COMPLIANCE 1 No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division Page 4 of 10 State Stormwater Management Systems Permit No SW8 070138 The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit the plans reviewed must include all proposed built -upon area Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to the approved plans, regardless of size b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area e Further subdivision, acquisition, or sale of all or part of the project area The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought If Filling in, altering, or piping of any vegetative conveyance shown on the approved plan The Director may determine that other revisions to the project should require a modification to the permit 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 7 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the perms tee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made 8 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 9 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 10 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, 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 11 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and pnor to occupancy of the facility 12 Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 13 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency The approved Operation and Maintenance Plan must be followed in its 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 re -vegetation of side slopes d Immediate repair of eroded areas Page 5 of 10 State Stormwater Management Systems Permit No SW8 070138 Maintenance of side slopes in accordance with approved plans and specifications Debris removal and unclogging of structures, onfice, catch basins and piping Access to all components of the system must be available at all times 14 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken 15 This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 16 Prior to the sale of any lot, the following deed restrictions must be recorded a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070138, as issued by the Division of Water Quality under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality f The maximum built -upon area per lot is 3,750 square feet This allotted amount includes any built - upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools g Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations h All runoff on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street Lots that will naturally dram into the system are not required to provide these measures i Built -upon area in excess of the permitted amount will require a permit modification I Each lot within the subdivision whose ownership is not retained by the permrttee, must submit a separate Offsrte Stormwater Management Permit application package to the Division of Water Quality and receive a permit pnor to any construction on the lot 17 A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds 18 Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel The facility must be in compliance with all permit conditions Any items not in compliance must be repaired or replaced to design condition prior to the transfer Records of maintenance activities performed to date will be required 19 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria The fountain must draw its water from less than 2' below the permanent pool surface 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 The falling water from the fountain must be centered in the pond, away from the shoreline The maximum horsepower for the fountain's pump is based on the permanent pool volume The maximum pump power for the four fountain associated with this project are as follows Page 6 of 10 State Stormwater Management Systems Permit No SW8 070138 Decorative Spray Fountains Pond # Maximum Pump Horsepower Pond A 1 Pond B 1/4 Pond C 1/8 Pond D 1/4 20 Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan The project must be in good standing with DWQ The approval of this request will be considered on its ments and may or may not be approved The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request 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 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction 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 The permit maybe modified, revoked and reissued or terminated for cause The filing of a request fora permit modificabon, revocation and re -issuance or termination does not stay any permit condition Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction 10 If the use of permeable pavement is desired, this permit must be modified to add the permeable pavement conditions 11 The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit The renewal request must include the applicable documentation and the processing fee Page 7 of 10 State Stormwater Management Systems Permit No SW8 070138 Permit issued this the 215t day of December 2012 NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S or Charles W I ild, P E , Director Division of W er Quality By Authonty of the Environmental Management Commission Permit Number SW8 070138 Page 8 of 10 State Stormwater Management Systems Permit No SW8 070138 Stevens Park- Phase I Stormwater Permit No SW8 070138 Brunswick Countv Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (penodically/weekly/full time) the construction of the project, (Project) for Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No SW8 070138 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area _3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans _7 Trash rack is provided on the outlet/bypass structure _8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 31 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, a forebay, and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 10 of 10 t, State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1 Stormwater Management Permit Number SL-3 g (!217 p 13 8 2 Project Name 3 Current Permit Holder's Company Name/Organization Cafe GT 4 Signing Official's Name Title 5 Mailing Address 2p -� i Epp Lns6�� ,,� City l '" 4" 1 s `J State -Pe- Zip 2 gq4 I 6 Phone 8t ") a'? Ci (3 a 3 Fax (9 1 0) k.{-k 04l 7 II PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ N me change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, ❑ Mailing address / phone number change (Please complete Item 4 below) ❑ Other (please explain) 2, 3, and 4 below) 1 Proposed permittee's company name/organization k L q.&aj �„Cw,t;� LCC, 2 Proposed permittee's signing official's name G'�\,!!eS /�• �a.�� 3 Proposed permittee's title 4 Mailing Address 2,OCA City �&A State _ ) Zip ZS`k6k Phone Ak c ) tl S'1-'S-00(2? Fax (q%O) N Z-Z - '1 ZZo 5 New Project Name to be placed on permit �NVA x ioJ k - n.ce Z C, Q:, C v 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) AThe 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) 11FCEIVE �� DEC 1 1 2012 � SSW N/O Change Rev24Sept2012 Page 1 of 4 BY '' III REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal Failure to provide the listed items may result in processing delays or denial of the transfer 1 This completed and signed form This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership 2 Legal documentation of the property transfer to a new owner 3 A copy of any recorded deed restrictions, covenants, or easements, if required by the permit 4 The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ 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 L4 %heck here if current permittee is transferring the property to a new owner and will not retain owner h of the ermit I, �1 the current permittee, am submitting this application fora ransfe f owne ip for permit # Sw R o'12j38 I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee name ections II and V of this form I understand that this transfer of ownership cannot be roved y the DWQ unless and until the facility is incompliance with the permit Signature `I / Date I1!% — iz I, C- ��,-&Me .6y--4 a Notary Public for the State of County of ,t}P „Am AI, j( do hereby certify that P4rdiVf% r 4t 5r personally appeared before p�e„I4r the 61 .rw day of yid,! 20_La.,, and acknowledge forgoing instrument Witness my hand and official seal, Notary Signature 1 SSW N/O Change Rev24Sept2012 Page 2 of 45V yBU�'ez�of the N*PyT> cP AGBLIC 23a° co%Xo+% c N IF V. PROPOSED PERMITTEE CERTIFICATION. (This section must be completed by the Proposed Permittee for all transfers of ownership) hereby UM -at L1� I, Ct1ALs� A P"L Fo✓L Y�1tD lip' 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 14 (A ❑ any recorded deed restrictions, covenants, or easements alA the DWQ approved plans and/or approved as -built plans ❑ the approved operation and maintenance agreement t41A epast maintenance records from the previous permittee (where required) NSA DWQ stormwater inspection report showing compliance within 90 days prior to this transfer /1l�ff I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not incta!,,s thapplication package will be returned as incomplete PAtiU H5�1�� 15th� Lue, Signature (nrll_.�4�lRL+uA_ Date 11•L-V1. 1, L. rLati e- 6ratfiS a Notary Public for the State of Np e�Ai,'VLAOA1 , County of , do hereby certify that CkA.ajc�t, 4 Pa i, I rrL personally appeared before me this the S N\\N\IId\d\4y 'f `76- day of pr_e -?-,be,e, 20 12- and ackn execution of the forgoing instrument Witness my hand and official seal, -C U cel�ux� ispG(NoL1) 2 Notary Signature ay ill 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 appropnate 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 f 1 , VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permfttee 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 Organization Title within the Organization Street Address City Mailing Address City Phone Email State (if different from street address) State Fax Zip Zip I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in' Sections 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 permlttee 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 143-216 6 Signature of the property owner M day of Date a Notary Public for the State of County of , do hereby certify that personally appeared before me this the 20, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, Notary Signature (Notary Seal) P4D�j"V °EC 11 f3Y_ SSW N/O Change Rev24Sept2012 Page 4 of 4 Compliance Inspection Report Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC Project Stevens Park Phase County Brunswick 06 Miles W Along NCSR 1209 W 9th St Region Wilmington Southport NC 28461 Contact Person Rodney J Hyson Title Phone 910-457-1702 Directions to Project From Rrver Rd SE (133 South), turn left on Southport Supply Rd SE (U S Highway 211), which turns into N Howe St Turn right on West 9th Street (NCSR 1209) The protect is located 0 6 miles west along NCSR 1209 from intersection of US hwy 211 Type of Project State Stormwater - HD - Detention Pond Dram Areas On -Site Representative(s) Related Permits Inspection Date 12/20/2012 Entry Time 09 00 AM Primary Inspector Kelly Johnson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type State Stormwater Facility Status ■ Compliant O Not Compliant Question Areas 0 State Stormwater (See attachment summary) Exit Time 0915 AM Phone 910-796-7331 Inspection Type Transfer Renewal Page 1 I Permit SW8070138 Owner • Project Cape Fear Trading Group IV LLC Inspection Date 12120/2012 Inspection Type Transfer Renewal Reason for Visit Routine Inspection Summary File Review Yes No NA NE Is the permit active? ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ ■ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑ Comment Project has not been built Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? Cl ❑ ■ ❑ Is the drainage area as per the permit and approved plans? Cl Cl ■ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ■ ❑ Comment Project has not been built SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ■ ❑ Are the inlets located per the approved plans? ❑ ❑ ■ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑ Comment Project has not been built Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ■ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ■ ❑ upon request? Comment Project has not been built Page 2 C �ompl eness Review Checklist Protect Name e--4 KL; �� £ I Received Date Project Location 1�t�roS.„�c� Accepted Date 1\nEc, aol a u IRule(s) 1:12008 Coastal 1995 Coastal Phase II (WiRO) Universal �1988 Coastal Type of Permit New or Mod or PR Existing Permit # (Mod or PR) 0'70 (�)-g MPE Cert on File? Density HD or LD ) Type Commercial or Residential DO) I Stream Class wided7 Map to SW8 Paperwork Emaded Engineer on FiSupplement(s) (1 original per BMP) BMP Type(s) F—JO&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ❑Corp or LLC Sig Auth per SoS r to Note to Reviewer �$505 (within 6mo) ekf f ME �- YL % Sods Report with SHWT �� 4ks Calculations (signed/seole 6,� rim Ori F1No obvious errors �17a¢ "Density includes common , etc 7Deed Restrictions, if subdivided n5igned & Notarized Correct Template (Comm/Res & HDi Plans M2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands Delineated or No Wetlands MVicimty Map Layout (proposed BUA dimensions) Legend 1:1DA MapsProtect Boundaries Infiltration Wet Pond Offsjte Soils Report Soils Report �PE Cert for Master Lot # SHWT ED Deed Rest for Master Lot # Matches Master Bottom �SHWT PP BUA Permitted (Master) sf Visited BUA Proposed (Offsite) sf Additional Information Permitted Proposed Proposed Proposed BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) U$ 076133 DWI) IIIII IIIIIIII IIII II IIII II III IIIII I III aran s M Clem ors-33'00 PROP Brunswick County, NC Register of Deeds page I of 10 Pet l� $ rid r, + _ Finance Register of Deeds CPJ,� iris 0lcur elneal dir llryuntJut ro IXirtl�000 Brenda N Clemmons 9 n,l 08-09-20t2 16 17 33 000 Brunswick County, NC L, , r�ogorgmal NC REVENUE STAMP $5786 00 (#311763) _ i _ii,C00131fIS S821�vur1, --__ _Ic�n0ltsr�^I�tll^cicrcc3' NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $5,786 00 Recording Time, Book and Page Tax Lot No See Exhibit C attached Parcel Identifier No Mail after recording to Faison G Sutton Esq Murchison, Taylor & Gibson, PLLC, 16 N 51h Ave, This instrument was prepared by Brian P Evans, Esq , K&L Gates LLP, Hearst Tower, 47'1, Floor, 214 North Tryon Street Charlotte NC 28202 Brief description for the Index I STEVENS PARK — Multiple Tracts THIS DEED made this 21ti'day of August, 2012, by and between GRANTOR REDUS NC LAND, LLC, a Delaware limited liability company whose mailmg address is 8540 Colonnade Drive, Suite I I I Raleigh, North Carolina 27615 Arm Bill Honaker GRANTEE BALD HEAD ISLAND LIMITED, LLC, a Texas limited liability company whose mailing address is P O Box 3069 Bald Head Island, North Carolina 28461 Attn Charles A Paul III 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, shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/l00 Dollars ($10 00) and other good and valuable consideration in hand paid at and before the delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, transferred, conveyed and confirmed and by these pi esents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain tract or parcel of land lying and being in Brunswick County, North Carolina, being more particularly described on Exhibit A (the "Property") attached hereto and incorporated herein by reference E:—:CEI F— Return to MTG DEC 1 12012 CH-3125306 vl II I I II II I III I II I I I I IIII II III I I IIII III a3Yss Mos min �s 33'PROP Brunswick County, NC Register of Deeds page 2 of 10 The Property heremabove described was acquired by Grantor by instruments recorded in Book 2942, Page 1006 and in Book 2942, Page 1012, Brunswick County Registry All or a portion of the Property herein conveyed does not include the primary residence of Grantor TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple And Grantor covenants with Grantee, that Grantor has done nothing to title 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 `B" attached hereto (the "Permitted Exceptions") -2- III IIIIIIIIIIIIIIIIJill IIIIIIIIIIIIII B3299 P1007 ons 33'PR0 Brunswick County, NC Register of Deeds page 3 of 10 IN WITNESS WHEREOF, Grantor has caused this mstrument to be signed in its name and delivered as of the date indicated on the first page of this Deed [!7 7A`YC�I:i REDUS NC LAND, LLC, a Delaware limited liability company By REDUS Properties, Inc, its sole member and manager By Q Vu a Srw k� Name ILL Title S STATE OF /V OOK Y d �, tic COUNTY OF I JGkp I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated 1,1; )11,-, r^ Ho y-\GkElr Date N 16, % 2012 My Commission Expires G oC %% 6 a Notary Public Print Name 0, � 1 4 • 9; uP/'S [Affix Notary Stamp or Seal] `0%%I1111//'tI Ppr i 1 L q.r.4 N �+ Nuts y Z'L mobile 1C�liliiu�` %�` Tlt�s Ir,S rei.' �Ye�r1�r-uS tt11�� i'Jrlc:r, P II 1Iw C li rtvrv�e_ �Q� ,�q_ c,wr +OLY-A-S q- l Cet�SeyQ 1��� n0. d 1 �w -{� a.�`�l hl, "1'l�e clos?ny c�.rTflr'tne,r.` -F-o C `�--li-e; O.,cM1�il 1sl b� 1 J J G�uS,lin 4-� co (1 e ci o y ° a'r 'Lrsemn'P-VuT -3- IIIIIIIIIIIIIIIIIillllllllillllllllll Brenda M Cl mops-33'000 PROP Brunswick County, NC Register of Deeds page 4 of 10 EXHIBIT A LEGAL DESCRIPTION TO DEED All right, title and interest to that parcel of real property and the improvements thereon lying and being in Brunswick County, North Carolina, known as "Stevens Park Property" and "Gain Property" below STEVENS PARK PROPERTY Harper Tract 98 acres All of that property shown on a survey prepared by Robert B McHenry, Jr, PLS, dated May, 2005 and titled, Plat of Survey for Harper, being 98 34 acres, more or less, recorded in Map Book 33, Page 153, Brunswick County Registry Reference is hereby also made for illustrative purposes to Map Book 36, Page 233-235, Brunswick County Registry Hemby Tract 36 25 acres All of that property shown on a survey prepared by Robert B McHenry, Jr, PLS, dated May, 2005 and titled, Plat of Survey for Hemby, being 36 25 acres, more or less, and being recorded in Map Book 33, Page 152, Brunswick County Registry Tract 1 Being all of that tract of land, 18 986 acres, more or less, designated as Tract 1 on Sheet 1 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 443 on July 26, 2006 in the Brunswick County Registry Tract 2 Being all of that tract of land, 79 991 acres, more or less, designated as Tract 2 on Sheet 1 of 3 on that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 443 on July 26, 2006 in the Brunswick County Registry Lot 27 Being all of that tract of land, 0 580 acres, more or less, designated as Lot 27, Smithville Woods, Section 1, on Sheet 1 of 3 on that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 443 on July 26, 2006 in the Brunswick County Registry Tract 3 Being all of that tract of land, 6 795 acres, more or less, designated as Tract 3 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 4 Being all of that tract of land, 7 989 acres, more or less, designated as Tract 4 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 5 Being all of that tract of land, 8 726 acres, more or less, designated as Tract 5 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles -4- IIIIII IIIIIII INII IIII II I III IIII III REPicas 16 rs 333PROP Brunswick County, NC Register of Deeds page 5 of 10 O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 6 Being all of that tract of land, 0 515 acres, more or less, designated as Tract 6 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 7 Being all of that tract of land, 0 983 acres, more or less, designated as Tract 7 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 8 Being all of that tract of land, 0 417 acres, more or less, designated as Tract 8 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 9 Being all of that tract of land, 1 295 acres, more or less, designated as Tract 9 on Sheet 2 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 444 on July 26, 2006 in the Brunswick County Registry Tract 10 Being all of that tract of land, 14 08 acres, more or less, designated as Tract 10 on Sheet 3 of 3 of that Survey for Cape Fear Trading Group IV, LLC by Miles O McCall, III, PLS, dated July 6, 2006 and recorded at Book 35, Page 445 on July 26, 2006 in the Brunswick County Registry Less and except the property or interests described in those certain releases recorded in Book 2556, Page 29 and Book 2708, Page 924 of the Brunswick County Registry Further less and except that certain parcel of land known and described as Lot 10, Block 28, of the E B Stevens "Cottage Place Development", a map of which is recorded in Map Book II at page 127 of the Brunswick County Registry AND BEING all of that property conveyed to REDUS NC Land, LLC, by Trustee's Deed recorded in Book 2942 at page 1006 of the Brunswick County Registry GAIN PROPERTY GAIN AREA A Beginning at an existing rebar at the northwestern most corner of Gam Area A as shown on attached Exhibit A-1, said rebar being the POINT OF BEGINNING, Thence N 89-45-36 E for a distance of 65 96 feet to an existing rebar Thence S 01-06-57 W for a distance of 17 54 feet to a point - 5 - IIIIII Iilllllllll II IIII II IIII II III III Brend P1016 mop= 33'PP P Brunswick County, NC Register of Deeds page 6 of 10 Thence S 89-50-31 W for a distance of 65 55 feet to a point at the northeastern most corner of Loss Area A as shown on attached exhibit Thence N 00-13-02 W for a distance of 17 44 feet to the POINT OF BEGINNING, Containing 1,150 square feet, 0 026 acres more or less GAIN AREA B Beginning at a point at the western most corner of Loss Area A as shown on attached Exhibit A-1, said point being the POINT OF BEGINNING, Thence S 89-50-31 W for a distance of 88 84 feet to a point Thence N 00-09-29 W for a distance of 8 68 feet to a point at the southeastern most corner of Loss Area B as shown on attached exhibit Thence S 84-34-33 E for a distance of 89 26 feet to the POINT OF BEGINNING, Containing 386 square feet, 0 009 acres more or less GAIN AREA C Beginning at an existing rebar at the northeastern most comer of Gain Area C as shown on attached Exhibit A-1, said rebar being the POINT OF BEGINNING, Thence S 00-11-48 E for a distance of 329 80 feet to an existing rebar Thence S 89-48-12 W for a distance of 329 84 feet to an existing rebar Thence N 00-12-10 W for a distance of 329 95 feet to an existing rebar Thence N 89-49-47 E for a distance of 329 87 feet to the POINT OF BEGINNING, Containing 108,811 square feet, 2 498 acres more or less GAIN AREA D Beginning at an existing rebar at the northeastern most corner of Gain Area D as shown on attached Exhibit A-1, said rebar being the POINT OF BEGINNING, Thence S 00-10-14 E for a distance of 165 05 feet to an existing rebar Thence S 89-51-08 W for a distance of 132 01 feet to an existing rebar Thence N 00-09-14 W for a distance of 165 03 feet to an existing rebar Thence N 89-50-33 E for a distance of 131 96 feet to the POINT OF BEGINNING, Containing 21,783 square feet, 0 500 acres more or less GAIN AREA E Beginning at a point at the northeastern most corner of Loss Area B as shown on attached Exhibit A-1, said point being the POINT OF BEGINNING, IMe IIIIII IIIIIIIIIII II IIII II III IIIIII III Brend M Cl 16 rs 333PROP Brunswick County, NC Register of Deeds page 7 of 10 Thence N 00-09-29 W for a distance of 702 67 feet to a point Thence S 87-04-57 E for a distance of 14 95 feet to a point Thence S 01-03-37 W for a distance of 702 03 feet to the POINT OF BEGINNING, Containing 5,244 square feet, 0 120 acres more or less BEING all of that property conveyed to Cape Fear Trading Group IV by deed recorded in Book 2529 at page 1088 of the Brunswick County Registry, and shown and described as Gam Area A, Gain Area B, Gam Area C, Gam Area D, and Gain Area E on the foresaid deed LESS AND EXCEPT, HOWEVER, from such property, that portion thereof conveyed by Cape Fear Trading Group IV to The City of Southport by deed recorded in Book 2556 at page 68 of the Brunswick County Registry AND BEING all of that property conveyed to REDUS NC Land, LLC, by Trustee's Deed recorded in Book 2942 at page 1012 of the Brunswick County Registry -7- IIIII IIIIilllllll 11 llll 11 lllllilll 111 Brend M Clem ors 331PROP Brunswick County, NC Register of Deeds page 8 of 10 EXHIBIT A-1 THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR L AND DEVELOPMENT REGULATIONS GAIN AREA E l�0120} AC GAIN AREA 0 O SDDi AC�� N/Y I I's 40CP1.1'N 2 4.1i w ns vw (um CNN ARREE CA C v\ 2 4902 AC 1 C17RKf AK f./+wvJ��� LOSS AREA O \ z � � GRAPHIC SCALE 1 604t AC 3 1 Inch 500 fl ,'sx .... '.%�...... � 4 -GAIN 009t AC 8 Ic �' T EEGLN,i N ® CAN MEA LOSS MEA A GNN^AHEA 4 1055 AREA 1 522f AC ® DPPQ R F RFNCE NOTE THIS MAP 1S NOT A CERTIFIED SURVEY AND HIS NOT BEEN REVIEWED RY A LOCAL D8 2240 PO 1372 13 AEAPPt ICAB E REGULATIONSCOMPLIANCE W�TN OD 2220PO De 550 Pt1117 WITHERS & RAVIENCL ECEIVF-n DEC 1 1 2012 BY CH 3125306 vI — 8 — IIII IIIIIIIIIIIII II IIII II IIIIII III III Brend M Cl mm �s 33�PROP Brunswick County, NC Register of Deeds page 9 of 10 EXHIBIT B PERMITTED EXCEPTIONS (i) zoning and building ordinances and land use regulations applicable to the Property, (i1) such state of facts as are shown on any survey or as would be disclosed by an accurate survey of the Property, (in) the lien of taxes and assessments not yet due and payable and (iv) all matters of record CH-3125306 v I — 9 — 2370000401 2370000412 2370000415 2370000420 2370000423 237FD001 237FDO02 237FDO03 237FDO04 237FDO05 237FDO06 2370000502 2210002901 22100027 221 OA001 2370001601 23700016 23700015 237BA043 237BA044 237BA045 237BA046 22100073 2370000420 2370000421 2370000422 2370000419 2370000418 000 Brunswick County, NC Register B3299dP1014m 10sf3'1007 EXHIBIT C TAX PARCEL NUMBERS -10- Johnson, Kelly From Scott, Georgette Sent Thursday, November 01, 2012 2 09 PM To Bennett, Bradley, Matthews, Matt Cc Oliver, Jane, Cooper, Kathy, Gregson, Jim, Johnson, Kelly Subject Foreclosure SW8 070138 Stevens Park Phase I Attachments 2012 08 CEI_BIMS 070138 pdf, 2012 09 cei_foreclosure 070138 docx Importance High A 60 day just cause letter was sent out to this permlttee 60 days are up Nov 51" Attached Is the inspection report and letter Please call Kelly if you have any further questions Georgette Scott Stormwatcl Program Supervisor Slatc Stonnwater Program NC Division of Water Quality 127 Cardinal Dnvc Lxt Wilmington, NC 28405 Plionc (910) 796-7335 Fax (910) 350-2004 bnnd correspondence to and from this iddrws miry Ix subject to the Nonh (nrolma Aibhe Rccords law and may be drsdosed to third panes Johnson, Kelly From Johnson, Kelly Sent Tuesday, November 13, 2012 8 11 AM To 'Rod Hyson Sr', jhenry@bhisland com Subject RE Documentl Attachments Stevens Park pdf Rod, I have attached a scan of the letter The transfer form is available on our website under "miscellaneous forms", http //Portal ncdenr ore/web/wo/ws/su/statesw/forms docs There are actually two transfer forms One is for HOAs and the other is for other properties or for HOAs/POAs who were not developed per the Planned Community Act (which would be unusual unless the property is fairly old) Thanks, Kelly From: Rod Hyson Sr [madto rodsrCcicapefearrealty com] Sent: Friday, November 09, 2012 2 19 PM To. Johnson, Kelly, 7henry(fthisland com Sub]ect: Documentl Hi Kelly please see the attached document Kindly forward the appropriate change form and I will execute and return to you thanks Rodsr ia.1.la.fe 127 Cardinal Drive Extension Wilmington, NC 28405 Attn Kelly Johnson Dear Ms Johnson, 1192012 Regarding your letter dated September 4" 2012 " Notice of Inspection and Transfer of the State Stormwater Management Permit for Stevens Park Phase 1 Permit no 070138" please be advised we did not receive said letter and Mr Jim Henry of Bald Head Island Limited was kind enough to forward the letter to me today I would like to request that the permit be transferred to the current property owner, could you kindly send me the appropriate change forms Please forward via email and I will return to you promptly thanking you , Rodney 1 Hyson Sr 21 Keelson Row Bald Head Island, NC 28461 Email rodsr@capefearrealty com Johnson, Kelly From Rod Hyson Sr [rodsr@capefearrealty com] Sent Friday, November 09, 2012 2 19 PM To Johnson, Kelly, jhenry@bhisland corn Subject Documentl Attachments Docl docx Hi Kelly please see the attached document execute and return to you thanks Rodsr Kindly forward the appropriate change form and I will Johnson, Kelly From Jim Henry phenry@bhisland com] Sent Friday, November 09, 2012 1 32 PM To rodsr@capefearrealty com Cc Johnson, Kelly Subject Stevens Park SW Permit Attachments 2012 09 cei_foreclosure 070138 docx Here is the letter Kelly Johnson sent from DENR I'm copying Kelly on this so that she knows the status I understand from our conversation that you'll choose Option 2, to transfer the permit to us at BHIL Note the deadline was November 5th, though Kelly understands the letter never made it to you Let me know if you need anything else Either Kelly or I can help you with the transfer/name change forms and process Thanks, Jim w WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Governor Director September 4, 2012 Rodney J Hyson, Sr Marsh Harbour Inn 21 Keelson Row Bald Head Island, NC 28461 Subject Notice of Inspection and Transfer of the State Stormwater Management Permit for Stevens Park Phase I Stormwater Permit No SW8 070138 Brunswick County Dear Mr Hyson Dee Freeman Secretary On July 30, 2012, the Di did a file review for the subject protect in Brunswick County to determine the status of compliance with Stormwater Management Permit Number SW8 070138 issued to you on March 27, 2007 It is our understanding that the site has not been constructed A copy of the completed "Compliance Inspection Report" attached to this letter for your files On August 13, 2012, Wilmington Regional Office of the Division of Water Quality (DWQ) was notified that the property for the Stevens Park Phase I protect is under foreclosure and is now owned by another entity A letter was written on that date, but the letter was returned This letter has been mailed to an alternate address The following permit issue was found during the file review and must be resolved as soon as possible • General Condition III 8 of the permit states that the permittee shall notify the Division of any name, ownership or mailing address changes within 30 days No such documentation has been received from the permittee Due to the foreclosure on this property one of the following actions must be taken immediately As the permittee of record your choices are as follows 1 Because the site was not built, as the permittee you can request to rescind the permit, or, 2 You can request that the permit be transferred to the current property owner by filling out a Name Ownership Change form The Director of the Division of Water Quality is hereby notifying you that you have 60 days to respond to this letter Please inform this office in writing before November 5, 2012 of the specific actions that will be undertaken and the time frame that will be required to address the issues with this permit Please be aware that per permit General Condition III 6 and NCAC 02H 1011 of the stormwater rules, the permit may be modified, revoked and reissued or terminated for cause If you do not respond to the Division within the timeframe above Di may determine that the permit has been abandoned and has just cause for modifying the permit and transferring the permit to the new owner Wilmington Regional Of roe 127 Cardinal Dme Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1-877-623-6748 Internet vv w ncwaterquality org NorthCarohna JVaturally An Equal Opportunity 1 Affirmative Action Employer This will result in forfeiture of your right to the permit Please take a moment to address this important issue The original Name/Ownership Change form is here in the Wilmington Regional Office You are more than welcome to call Kelly Johnson at (910) 796-7215 and make an appointment to stop by and sign the form If you have any questions, please do not hesitate to call me at (910) 796-7215 Sincerely, Georgette D cott Stormwater Supervisor GDS\kpj S \WQS\Stormwater\Permits&Projects\2007\070138HD\2012 09 cei_forclosure 070138 cc Jim Henry (via email only, jhenry@bhisland com) Paul Shivers, PE (via email only, pshivers@hiepc com) WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC Protect Stevens Park Phase I County Brunswick 06 Miles W Along NCSR 1209 W 9th St Region Wilmington Southport NC 28461 Contact Person Rodney J Hyson Title Phone 910-457-1702 Directions to Protect From River Rd SE (133 South), turn left on Southport Supply Rd SE (U S Highway 211), which turns into N Howe St Turn right on West 9th Street (NCSR 1209) The protect is located 0 6 miles west along NCSR 1209 from intersection of U S hwy 211 Type of Protect State Stormwater - HD - Detention Pond Dram Areas On -Site Representative(s) Related Permits Inspection Date 08/13/2012 Entry Time 01 00 PM Primary Inspector Kelly Johnson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type State Stormwater Facility Status ❑ Compliant ❑ Not Compliant Question Areas E State Stormwater (See attachment summary) Exit Time 02 00 PM Phone 919-733-5083 Inspection Type Transfer Renewal Page 1 Permit SW8070138 Owner - Project Cape Fear Trading Group IV LLC Inspection Date 08/13/2012 Inspection Type Transfer Renewal Reason for Visit Routine Inspection Summary File Review Is the permit active9 Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment File review only We were told at a meeting today that this site has been sold and that it has not been built Yes No NA NE Page 2 Johnson, Kelly From Johnson, Kelly Sent Tuesday, September 04, 2012 10 35 AM To 'Jim Henry' Subject RE Land Adjacent to Indigo, Stormwater Thanks Jim I will re -send the letter to Mr Hyson KJ From: Jim Henry [mailto jhenLy(@bhisland com] Sent: Tuesday, September 04, 2012 10 21 AM To* Johnson, Kelly Subject: RE Land Adjacent to Indigo, Stormwater Kelly, I just talked to Rod Hyson and explained the situation to him, he understands and is expecting the letter Once he gets it, he will process the ownership transfer forms to us His mailing address is Attn Rod Hyson Marsh Harbour Inn 21 Keelson Row Bald Head Island, NC 28461 Let me know if you need anything else Jim From. Johnson, Kelly [mailto kelly p johnsonCalncdenr gov] Sent: Tuesday, September 04, 2012 9 52 AM To: Jim Henry Subject: RE Land Adjacent to Indigo, Stormwater Jim, It bounced back Do you have an alternate address for them? Thanks, K1 From: Jim Henry [mailto jhenry(fthisland com] Sent: Friday, August 17, 2012 3 07 PM To: Johnson, Kelly Subject: RE Land Adjacent to Indigo, Stormwater Thanks, Kelly fyi, I have no idea if they are still at that address, though I do know Mr Hyson is still around let me know if it bounces back Jim From: Johnson, Kelly [mailto kellyp iohnsonO)ncdenr gov] Sent: Friday, August 17, 2012 1 54 PM To: Jim Henry Subject: Land Adjacent to Indigo, Stormwater Jim, Here is the letter we discussed about the land adjacent to Indigo Plantation earlier this week KJ *** My email has changed to kelly a iohnson oDncdenr gov KeU,�Johwsow Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office 910 796 7331 Fax 910 350 2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From- Johnson, Kelly [mailto kellyp iohnsonCalncdenr gov] Sent: Friday, August 17, 2012 1 54 PM To: Jim Henry Subject: Land Adjacent to Indigo, Stormwater Jim, Here is the letter we discussed about the land adjacent to Indigo Plantation earlier this week KJ *** My email has changed to kelly a iohnson@ncdenr ¢ov K.eU.'�JohwSDV6 Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office 910 796 7331 Fax 910 350 2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties NC DENR - Division of Water Quality U7 Cardmel Drive Extension Wilmington, NC 28405 =CEIVE AUG 2 9 2011 0 RODNEYJ HYSON, SR CAPE FEAR TRADING GROUP IV, LLC 109 NORTH DAMS STREET SOUTHPORT NC 28461 NIXIE 283 FE PETuRN TO ROT DELivERABLE UNABLE TO BC 28405540627 Pcs�t�� 41� rows PNN[Y pOYJ�[I5 02 iR $ ®®•4150 0006559826 AUG20 2012 MAILED FROM ZIPCODE 28405 1 00 0812711-t -EwDER ray ADDRESSED FORWARD '1592-01583-20-43 w�-�r4�� �tac I III I I ul I I I I I In n III n n Quality Park Item 190019 TreM ated wan Ant Microbial Agent to guard againstthe growth of bacteria, mold, mildew, fungus and odors a UcwedbySMerco NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary August 13, 2012 Rodney J Hyson, Sr Cape Fear Trading Group, IV, LLC 109 North Davis Street Southport, NC 28461 Subject Notice of Inspection and Transfer of the State Stormwater Management Permit for Stevens Park Phase I Stormwater Permit No SW8 070138 Brunswick County Dear Mr Hyson On August 13, 2012, Wilmington Regional Office of the Division of Water Quality (DWQ) was notified that the property for the Stevens Park Phase I protect is under foreclosure and is now owned by another entity Therefore on July 30, 2012, the DWQ did a file review for the subject protect in Brunswick County to determine the status of compliance with Stormwater Management Permit Number SW8 070138 issued to you on March 27, 2007 It is our understanding that the site has not been constructed A copy of the completed "Compliance Inspection Report" attached to this letter for your files The following permit issue was found during the file review and must be resolved as soon as possible • General Condition III 8 of the permit states that the permtttee shall notify the Division of any name, ownership or mailing address changes within 30 days No such documentation has been received from the permtttee Due to the foreclosure on this property one of the following actions must be taken immediately As the permtttee of record your choices are as follows or, 1 Because the site was not built, as the permtttee you can request to rescind the permit, 2 You can request that the permit be transferred to the current property owner by filling out a Name Ownership Change form The Director of the Division of Water Quality is hereby notifying you that you have 60 days to respond to this letter Please inform this office in writing before October 15, 2012 of the specific actions that will be undertaken and the time frame that will be required to address the issues with this permit Please be aware that per permit General Condition III 6 and NCAC 02H 1011 of the stormwater rules, the permit may be modified, revoked and reissued or terminated for cause If you do not respond to the Division within the timeframe above DWQ may determine that the permit has been abandoned and has just cause for modifying the permit and transferring the permit to the new owner Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910 350 20041 DENR Assistance 1 877 623 6748 Internet w ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally This will result in forfeiture of your right to the permit Please take a moment to address this important issue The original Name/Ownership Change form is here in the Wilmington Regional Office You are more than welcome to call Kelly Johnson at (910) 796-7215 and make an appointment to stop by and sign the form If you have any questions please do not hesitate to call me at (910) 796-7215 Georgette Scott Stormwater Supervisor GDS\kpj S \WQS\Stormwater\Permits&Projects\2007\070138HD\2012 08 cei_forclosure 070138 cc Jim Henry (via email only, jhenry@bhisland com) Paul Shivers, PE (via email only, pshivers@htepc com) WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Permit SW8070138 Effective 03/27/07 Expiration 03/27/21 Owner Cape Fear Trading Group IV LLC Project Stevens Park Phase I County Brunswick 06 Miles W Along NCSR 1209 W 9th St Region Wilmington Southport NC 28461 Contact Person RodneyJ Hyson Title Phone 910-457-1702 Directions to Project From River Rd SE (133 South) turn left on Southport Supply Rd SE (U S Highway 211) which turns into N Howe St Turn right on West 9th Street (NCSR 1209) The project is located 0 6 miles west along NCSR 1209 from intersection of U S hwy 211 Type of Project State Stormwater - HD - Detention Pond Drain Areas On -Site Representative(s) Related Permits Inspection Date 08113/2012 Entry Time 01 00 PM Primary Inspector Kelly Johnson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type State Stormwater Facility Status Q Compliant ❑ Not Compliant Question Areas e State Stormwater (See attachment summary) Exit Time 02 00 PM Phone 919-733-5083 Inspection Type Transfer Renewal Page 1 Permit SW8070138 Owner - Project Cape Fear Trading Group IV LLC Inspection Date 08/13/2012 Inspection Type Transfer Renewal Reason for Visit Routine Inspection Summary Is the permit active? Signed copy of the Engineers certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment File review only We were told at a meeting today that this site has been sold and that it has not been built Yes No NA NE Page 2 € -y LIMITED LIABILITY COMPANY ANNUAL REPORT a NAME OF LIMITED LIABILITY COMPANY Bald Ilead Island Limited LLC REPORT FOR rHE YEAR 2012 SECRETARY OF STATE L L C ID NUMBER 0001005 NA I URE OF 13USINESS Real Estate REGIS FERED AGEN F Paul, Charles A III REGIS rERFD OFFICE MAILING ADDRESS P O Box 3069 Bald Head Island NC 28461 F-Filed Annual Report 7988326 Do not data enter manually S I ATE OF INCORPORA I ION TX REGIS FERED OFFICE S FREE F ADDRESS 46 Manna Wynd Bald Head Island, NC 28461 Brunswick County PRINCIPAL OFFICE TELEPHONE NUMBER (910) 457-5000 PRINCIPAL OFFICE MAILING ADDRESS 24 Waterway Avenue, Suite 300 The Woodlands, TX 77380 PRINCIPAL OFFICE S 1 REET ADDRESS 96 Marina Wynd Bald Head Island, NC 28461 MANAGERS/MEMBERS/ORGANIZERS Name Mitchell Island Investments, Inc Title Member Address #24 Waterway Avenue State 300 The Woodlands, IX77380 Name North Carolina Investments, LLC Name Mark D Mitchell Title Member Rule Manager Address Address #24 Waterway Avenue Suite 300 P O Box 3069 The Woodlands, 7X 77380 Bald Head Island, NC 28461 Name Michael K Mitchell Name Spiros N Vassdakts Name Charles A Paul HI Title Manager Title Manager Title Manager Address Address Address P O Box 3069 924 Waterway Avenue, Suite 300 P O Box 3069 Bald Head Island NC 28461 The Woodlands, TX 77380 Bald head Island, NC 28461 CERTIFICATION OF ANNUAL REPOR r MUST 13E COMPLETED BY ALL LIMITED LIABILI rY COMPANIES Mitchell Island Investments, Inc FORM Must- BE SIGNED BY A MANAGER/MEMBER Mitchell Island Investments, Inc 4/17/2012 DATE Member TYPE OR PRINT NAME TYPE OR PRINT I I rLE ANNUAL REPORT FEE E-Paid MAIL TO Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 MANAGERS/MEMBERS/ORGANIZERS (Continued) Name Shirley A Mayfield Nam, C Grant Mitchell rifle Manager Title Manager Address Address P O Box 3069 #24 Waterway Avernw, Suite 300 Bald Head Island, NC 28461 The Woodlands, TX 77380 BALD HEAD ISLAND LIMITED, LLC ANNUAL MEETING OF MEMBERS November 28, 2011 Governance Protocols The Annual Meeting of the Members of Bald Head Island Limited, LLC was called to order at 10 30 a m November28, 2011 (the "Meeting") Meeting attendees included C Grant Mitchell (CGM), President of North Carolina Investments, LLC ("NCI") and M Kent Mitchell (MKM), Vice President, Mitchell Island Investments, LLC ("Mll") The Meeting was held in the corporate offices of the Mitchell Family Corporation, Inc, Woodlands, TX, As all Members were present, a quorum was verified General discussion amongst the Members ensued regarding annual election of Managers to Bald Head Island Limited, LLC MOTION CGM motioned to approve the following slate of Managers for Bald Head Island Limited, LLC to serve until their resignation or replacement pursuant to the Bald Head Island Limited, LLC Operating Agreement C Grant Mitchell Spiros N Vassilakis M Kent Mitchell Mark D Mitchell Charles A Paul, III Shirley A Mayfield MKM seconded the motion Motion passed unanimously The Members adopted the amendments to the Bald Head Island Limited, LLC Operating Agreement, to include the following changes • Reference to Harris County will be changed to Montgomery County, • References Todd Mitchell as Registered Agent will be changed to Spiros N Vassilakis as Registered Agent There being no other business brought before the Meeting, MOTION* MKM made the motion to adjourn, CGM seconded The meeting was adjourned at 10 40 am NORTH CAROLING INVESTMENTS, LLC C Grant Mitchell Manager MITCHELL ISLAND INVESTMENTS, LLC i G' M. Ken Mitchell Vice Pr sident NOTICE TO REGISTERED AGENT Under N C G S Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address Cape Fear Trading Group IV, LLC (0694441) 120 E Moore Street Southport, NC 28461 State of North Carolina Department of The Secretary of State CERTIFICATE OF DISSOLUTION 1, Elaine F Marshall, Secretary of State, as mandated by law, do hereby certify that Cape Fear Trading Group IV, LLC has been administratively dissolved pursuant to the procedure set forth in N C G S Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder A Limited Liability Company administratively dissolved under N C G S Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N C G S Section 57C-6-03 This the 26th day of August, 2010 Elaine F Marshall Secretary of State Document Id C201023808134