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HomeMy WebLinkAboutSW8980634_Historical File_20160127PAT MCCRORY Governor DONALD R. VAN DER VAART E�w9y, Mineral and Land Resources ENVIRONMENTAL QUALITY January 27, 2016 Robert E. Long, Jr., President Eagle Point Golf Club, Inc. 8131 Bald Eagle Lane Wilmington, NC 28411 Subject: Ownership Change and Permit Transfer State Stormwater Management Permit No. SW8 980634 Eagle Point Golf Club New Hanover County Dear Mr. Long: secretffly TRACY DAVIS Director Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that the updated pages of the attached permit will now reference DEMLR as the Division responsible for issuance of the permit On November 10, 2015, the Wilmington Regional Office received a request to transfer ownership of the subject state stormwater management permit. Staff of DEMLR•inspected the project on January 25, 2016, and determined that the documentation is in order, and that the project is in substantial compliance with the terms and conditions of the state stormwater permit."As indicated on the Name/Ownership Change form, you have acknowledged receipt of a.copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and. Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Ownership Change / Permit Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The current owner of the golf course is Eagle Point Partners, LLC (Property Owner) who is leasing the site to Eagle Point Golf Club, Inc. (Lessee / Developer). The Lessee / Developer shall be responsible for meeting the conditions and limitations specified therein. A copy of the lease agreement that outlines the Lessee / Developer responsibilities for this stormwater system must be kept with the permit and maintenance activity records. Please pay special attention to the built -upon area limits and the Operation and Maintenance requirements in this permit. Failure to maintain control over the constructed amount of built -upon area or to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. Please be aware that it is the responsibility of the Lessee / Developer, to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, please be reminded that if the lease agreement or contract between the Lessee / Developer and the Property Owner is dissolved, cancelled or defaulted, and the Division is not notified by the Lessee / Developer to transfer the permit, then the responsibility for permit compliance reverts back to the Property Owner. The Property Owner must notify the Division immediately of the permit ownership change and submit a completed Name/Ownership form to the Division within 30 days. Otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, being taken against the Property owner. Sbft of Norlh Carolina I Environmal W Qa tY I Energy, Mmaal and Lend Resauoes 127 Cerdmal Drive Extension I Wilmington, NC 29405 910 796 7215 T 1910 350 2004 F I hapWbortal.nedenr.orelweb/lr/ State Stormwater Permit No. SW8 980634 Pa eg_2 of 2 The Division is hereby notifying you that the subject permit has been transferred effective January 27, 2016, and shall be effective from the date of issuance until rescinded. Please note that the minor built - upon area additions, layout changes and added storm drain inlet and piping listed in the attached inspection report must be addressed with the upcoming plan revision. For your records, please find enclosed a copy of the original permit that has been updated and reissued, a copy of the inspection report, and a copy of the Name/Ownership Change form. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the signed Operation and Maintenance agreement. Any modifications to this project must be submitted to DEMLR and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning the requirements of the permit or need additional copies of the permit or approved plans, please do not hesitate to call Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, Ao"w-, Tracy Davis, P. ., Director Division of Energy, Mineral and Land Resources GDS/arl: \\\Stormwater\Permits & Projects\1998\980634 LD\2016 01 permit 980634 cc: William I Armfield, Manager, Eagle Point Partners, LLC (300 N. Greene Street, Ste. 2190, Greensboro NC 27401) Mark Hargrove, P.E., Port City Consulting Engineers Wilmington Regional Office Stormwater Permit File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I httn•//DorW.ncdenr orWmrebW State Stormwater Management Systems Permit No. SW8 980634 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Eagle Point Golf Club, Inc. Eagle Point Golf Club Bald Eagle Lane, Wilmington, New Hanover County FOR THE construction, operation and maintenance of a 25% low density development 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 Energy, Mineral and Land Resources and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. This permit covers the construction of 709,953 square feet of built -upon area. 2. The overall tract built -upon area percentage for the project must be maintained at 25% or less, as required by Section 1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. The only runoff conveyance.systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that amount as shown on the approved plans. 6. The built -upon area within the 575' AEC must be maintained at 25% or less. Currently, 187,233 square feet of buildings, parking and cart path is proposed within the AEC. II. SCHEDULE OF COMPLIANCE 1. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 2. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Pagel of 3 State Stormwater Management Systems Permit No. SW8 980634 Modification 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 4. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 5. Projects within CAMA's Area of Environmental Concern (AEC) are subject to a reduction of the permitted amount of built -upon area due to CAMA jurisdiction within the AEC. 6. The following items will require a modification to the permit. Revised plans, specifications and calculations must be submitted and approved prior to the permittee beginning construction: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further subdivision or sale of the project area, in whole or in part. d. The addition of a piped runoff collection/conveyance system. e. Filling in, altering or piping any vegetative conveyance shown on the approved plan. f. The construction of any future built -upon area listed on the application. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. Swales and other vegetated conveyances shall be entirely constructed, vegetated, and operational for their permitted 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 swales or other vegetated conveyances will be repaired immediately. 10. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 12. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. Page 2 of 3 State Stormwater Management Systems Permit No. SW8 980634 Modification III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement procedures, as set forth in North Carolina General Statutes 143, Article 21. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143- 215.1 et. al. 5. The permittee grants permission to DEQ / DEMLR staff to enter the property during normal business hours for the purpose of inspecting all components of the stormwater management facility. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. 7. The permittee shall retain a copy of the approved plans on file at all times. Permit updated, transferred and reissued this the 27t' day of January 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION --�E.vis, -------------- e rac., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 980634 Page 3 of 3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STAVE STORE INATER PERMIT NAME/OWNERSHIP CHANGE FORM 1. OU'RRENT PERMIT INFORC lATION 1. Stormwater Management Permit Number: 84 O341 014 2. Project Name: Ea4he. Ap, a..i 6;e 11r Cn:, A 3, Current Permit Holder's Company Name/Organization: q, r " ea, i�-- 4. Signing Official's Name: 11:roorieJet Title: f-ejidk-jt.� 5. Mailing Address: Ay. dey—. J City: ;fir e riu,t v --& State: /JC Zip: -�a S. Phone 3-31, Fax. (--�-i 11. PROPOSED PERP% EE / OWNER 1 PROJECT / ADDRESS WF{}€ MA7L,01-41 This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) F] Name change of project (Please complete Item 5 below) Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: toe 2. Proposed permittee's signing official's name: PC tie I+ /-,VILI 3. Proposed permittee's tides 4. Mailing Address:_ S- ), / A /c:('' City: _ l<v,AN `A-4 � �� State: NC Phone: el ? 1KIY1 -- -9 Fax 5. New Project Name to be placed on permit: Please check the appropriate box. The proposed perm ttee listed above is: El H OA 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 HOAAPOA's authorized representative in #2 above) ❑ The proper y owner © U��a (Attach a copy of the lease agreement and complete Property Owner lnfonnation on page 4) ❑ Purchasar (Attach a copy of the pending sales agreement : Final approval of this transfer will be granted upon receipt of a cvpyof the recorded deed) �avet+o (Complete Property Owner Information on; ..age 4.1 EGEIV. NOV 10 2MS SSW N/O Change Rev24Sept2012 Page 1 of 4 BY: IIf. 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 near 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. per. CURRENT PERi► I TEET DERTI iCAMON Please check one of the following statements and fill out the certification below that statement. ❑ Check here if the current permittee is only changing hislher/fts name, the project name, or mailing address, but will retain the permit I, the current permittee, hereby notify the DWO that I am changing my name and/or I am changing my mailing address and/or l am changing the name of the permuted 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.: . [Z Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit 1, L • R. a s -T. At f! " e, 1� , the current permittee, am submitting this application for a transfer of ownership for permit # .g 9 y Aml. I hereby no " of the sale or other legal transfer of the stormwater system associated with this permit. I f the most recent permit, the designer's certification for each BMP, any re co d eed restriction covenants. or easements, the DWQ approved plans and/or approved as-b p,OB , 21 atrvv operation and maintenance agreement, past maintenance records, and th ost rec n DGi�? stormwater inspection report to the proposed permittee named in Sections nd V of this form. further attest that this application for a name/ownership change is accurate e„ �^+� *^ thin -best of my knowledge. I understand that if all required parts of this application are n©t completed car 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 cannot be approved by the DWQ unless and until the facility is in compliance with the permit. 0 Signature: -- Date: 1 1,a Notary Public for the State of Q by County of O&W �,yuyey , do hereby certify that personally appeared before me this the day of t4v vVeWatc20 t , and acknowledge the due execution of the torgoi instrument. Witness my hand and official seal, (Notary Seal) . rotary ignature 2 6 1 2-V ZO "I1. co y'riVht SS`oV\ SSW N/Q Change Rev24Sept2012 Page 2 of 4 V. PROPOSED PER��,€i91CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 04 e e-) � , hereby notify the DWQ that I have acquired through sale, lease or lega44ransfer, 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 El any recorded deed restrictions, covenants, or easements the. DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement 8 past maintenance records from the previous perrnittee (where required) DWO stormwater inspection report showing compliance within 94 days prior to this transfer I have reviewed the permit, approved plans and other documents. listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. i understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not include his appicationpwkage will be returned as incomplete. Signature: Date: it - ck-1� 1, a-T. r a Notary Public for the State of o oy� `,i h9� , County of Weld 40-m- V,94- , do hereby certify that A a C 6 personally appeared before me this the day of N Qyf AAA tV'- , 20__I!C and acknowledge the due execution of the forgoin instrument. Witness my hand and official seal, (Notary Seal) Notary , igriaturie C'Vvvr,rv.-.i SG�7 vl 4 `r 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 reap. Please note that if the Proposed Permittee listed above is not the property owner, the property owner most complete and sign page 4 of this document: Both the lessee / developer and the property owner will appear on the permit as perrmttees. .soa,- EIVE SSW N/O Change Rev24Sept2012 Page 3 of 4 BY: - - V31. PROPERTY OWNER CON T ACT WF RMATION AND CHR11FICA T !.ON It 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 dame. JOZ►, Organization* k- PO4 Title within the Organization. A-.j; e_.Lyt Street Address: S 01 ige,1 City: • imsa State: A.'c'_ Zip:/ Mailing Address: (if different from street address.} City: State: Zip. Phone: -- Fax: Email. A. / (J. s ' I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand. and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 34 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 t 43-215.6. Signature of the property owner Date: c for the State of do hereby certify that personally appeared before me this the - day of V &4te� r . 20_Cand acknowledge the due execution of the forgoing instrument. Witness my hand and official . WyMaK '). W�U� Notary Signature Wt Z51 ZO CQ1M av\ "- t' % re& SSW N/U Change Rev24S+ept2012 seal, (Notary Seal) GEM"E ► . Page 4 of 4 AV 10 2015 BY: STATE OF NORTH CAROLINA E C E IV E JAN 2 6 M LEASE COUNTY OF NEW HANOVER �,�,�� - THIS LEASE, made as of the day of December, 2002, by and between EAGLE POINT PARTNERS, LLC, a North Carolina limited liability company ("Landlord"), to EAGLE POINT GOLF CLUB, INC., a North Carolina corporation ("Tenant"). WITNESSETH IN CONSIDERATION of the mutual terms and conditions herein contained, Landlord leases to the Tenant and the Tenant takes from the Landlord the real property in New Hanover County, North Carolina, described on Exhibit A attached hereto and incorporated herein by reference (the "Premises"), subject to the terms and conditions hereinafter set forth. 1. Term. This lease shall have a one (1)-month term, commencing on the 1st ay of December, 2002, and shall renew automatically for successive one (1)-month periods. unless terminated as provided herein. 2. Rent. Rent shall be paid in installments on the last day of each month during the term of this lease. The amount of each installment shall be equal to the Club's Net Revenues for the month in which payment of the installment is due. -"Net Revenues" shall mean the difference between 0) the Club's Total Revenues and (ii) the Club's Current Expenses for the calendar year plus cash flow deficits for the prior calendar year. "Total Revenue" shall mean for any particular month all payments, proceeds, dues, membership fees (net of resignations), charges, rents and other income derived by or for the account of the Tenant from its operation of the Premises -and the Club, including investment income and business interruption insurance. "Current Expenses" shall mean the Tenant's ongoing and recurring expenses during each month for operation and maintenance of the Premises and the Club for the purposes herein stated . as determined in accordance with generally accepted accounting principles, including, but not limited to, all administrative, general and commercial expenses, insurance, legal expenses, any taxes which may be lawfully imposed on the Club or the Promises or the income or operations thereof, and usual expenses of maintenance, repair and operation. Tenant hereby pledges to Landlord all Net Revenues to secure the payment of rent. The Net Revenues, as received by the Tenant, shall immediately be subject to the lien of this pledge without any physical delivery thereof -or further action. The lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Tenant irrespective of whether such parties have noiice thereof. On or before the 45th day next preceding the beginning of each calendar year, the Tenant shall prepare a preliminary budget for such calendar year for the operation of the Premises and the Club and shall deliver a copy thereof to the Landlord. Each budget shall be prepared in such a manner as to specify and itemize the Tenant's Current Expenses for the calendar year, by month, and estimated Total Revenues, by month. The budget shall not be adopted by Tenant until approved by Landlord. Once approved, Tenant shall operate under the budget for the calendar year to which the budget applies. All amendments to the budget during the calendar year shall be subject to Landlord's approval. Within 120 days after the close of each calendar year, Tenant will cause an audit to be completed of its books and accounts by a CPA approved by Landlord. Reports of each audit shall be filed with the Landlord. The Tenant shall not sell or otherwise dispose of all or any part of the personal property used to operate and maintain the Premises and the Club; provided, however, Tenant may sell or dispose of any machinery, fixtures, apparatus, tools, instruments or other moveable property acquired by it in connection with the Club or any materials used in connection therewith if the Club shall determine that such articles are no longer needed or useful in connection with the operation or maintenance of the Premises or the Club, and that such sale or disposition will not impair the operating efficiency or reduce the revenue producing capability of Tenant and; provided further, the Club may make any replacement or substitution for such machinery, fixtures; apparatus, tools, instruments or other moveable property. Tenant hereby grants to - Landlord a security interest in all of Tenant's personal property, tangible or intangible, to secure the payment of rent, and collaterally assigns to Landlord all contracts to which Tenant is a party for the operation and maintenance of the Premises and the Club. The Tenant shall not incur any indebtedness in excess of 1,000,000.00 without the consent of Landlord. 3. Taxes Insurance Utilities and Maintenance. It is the intent of the parties hereto that the rental called for in paragraph 2 above shall be net to the Landlord and to carry out such intent, the Tenant shall pay all costs -2- and expenses associated with the Premises, in addition to the Term Rent, including, but not limited to: a. all ad valorem taxes assessed against the Premises; b. all usage, rates and charges, all impact and tap fees, and any other costs whatsoever relating to the provision of electricity, water, sewer, cable television and other utilities to the Premises. C. premiums for the following insurance coverages relating to the Premises and to Tenant's operations upon the Premises: and Tenant shad maintain the following minimum insurance: (i) worker's compensation insurance as required by North Carolina law; (ii) public liability insurance binding for coverage for not less than $1,000,000 for injury or death to any one person and not less than $3,000,000 for injury or death occurring to more than one person as a result of one accident and not less than $40,000,000 for property damage; (iii) insurance against loss or damage -by fire and all other risks embraced by the so called "Broad Extended Coverage Endorsement" covering all buildings and other improvements located on the Premises in amounts at all times sufficient to prevent Landlord or Tenant from becoming a co- insurer under the terms of the applicable policies but, in any event, in an amount not less than 100% of the then full insurable value or full replacement value for said improvements, whichever is greater. The proceeds of such insurance shall be Net Revenues for the calendar year in which received, to the extent such proceeds are not needed to repair or replace any portion of the Premises. All insurance policies shall be carried with companies approved by Landlord and Landlord shall be named as an additional insured on all such policies. Not less than ten days before the expiration of any such policy, Tenant shall deliver to Landlord evidence of the policy's renewal, or a new certificate, together with evidence that premiums were paid for the renewal period or a new policy, as the case may be. All such insurance shall contain an agreement by the insurance company not to cancel the policy or policies or to change the coverage, without giving ten days prior notice to Landlord. -3- d. the costs of all repairs, renewals and replacements for the Premises. Tenant shall promptly make all necessary repairs, renewals and replacements to the Premises, ordinary or extra -ordinary, structural or non- structural, as and when necessary, to keep the Premises in a condition at least equal to that on the date of the commencement of this lease and necessary to maintain the Premises as a top flight golf course and private club in as good or better condition as those clubs listed on Exhibit B attached hereto and made a part hereof. Tenant shall pay all fees, premiums and Other amounts provided for in this section before the amounts due for such items become delinquent. 4. Alterations and Improvements. Tenant shall make no alterations to the Premises or construct any additional buildings or leasehold Improvements without the written consent of Landlord. Any such authorized improvements and additions shall be made at the sole cost and expense of Tenant, and shall become a part of the Premises and be the property of the Landlord. B. Use of Premises. Tenant shall at all times use the Premises only for Eagle Point Golf Club (the "Club"), a private recreational golf facility, as it exists on the date of the commencement of this lease, or in such other form and fashion as may be approved by Landlord and according to the same general style and concept as the private golf clubs listed on Exhibit B hereof. Tenant has inspected the Premises immediately before the commencement in this lease and accepts the Premises "as is". Tenant shall pay all operating costs and expenses associated with use of the Premises. Landlord may require Tenant to cease any particular use of the Premises which in the sole opinion of Landlord would violate any law or government regulations, violate the certificate of occupancy for the buildings upon the Premises, result in unreasonable insurance hazards or danger to the Premises, adversely affect the character of the Club as a first class private golf club or affect the ability of the club to attract and retain. members or adversely effect the value or character of the Premises. Tenant shall comply with all applicable federal, state, county and municipal laws and regulations, 6. Assignment and Subletting/Concessions. Tenant may not without the written consent of Landlord M assign this lease or sublet the Premises, or (ii) grant concessions or licenses for the operation of the Club or any part thereof. 7. Mortgage of Lease. Tenant may not, without Landlord's consent, mortgage, pledge or otherwise encumber its interest in this lease. -4- 8. Subordination. This lease and all rights of Tenant hereunder are subject and subordinate to all existing deeds of trust and other security interests encumbering the Premises, and any renewal, extension or modifrication thereof. This lease is also subject and subordinate to the lien of any new deeds of trust or other security interests encumbering the Premises. The provisions of this paragraph shall be self -operative, without the necessity of any other written consent, approval or subordination by Tenant. However, upon Landlord's request at any time, Tenant shall execute and deliver to Landlord without expense to Landlord any instrument required to effectuate any of the above. Landlord agrees that (i) any documents creating such future security interest in the Premises shall contain a non - disturbance provision providing that so long that Tenant is not in default in the payment of rent or in the performance of any term of this lease, Tenant's possession of the Premises and its rights and privileges under this lease shall .not be diminished or interfered with by the holder of any such security interest, and (ii) if the security interest is foreclosed for any reason, the holder of the security interest succeeds to Landlord's interest under this lease and shall be bound to Tenant in accordance with the terms hereof. 9. Indemnity. Tenant shall indemnify Landlord against all liabilities, expenses and losses incurred by Landlord as a result of (1) Tenant's failure to perform any of its obligations hereunder, (ii) any accident, injury or damage happening in or about the Premises or appurtenances resulting from the condition, maintenance or operation of the Premises and the Club, (iii) failure to comply with any governmental laws or regulations, and (iv) any mechanic's lien or security agreement filed against the Premises, any equipment therein or any materials used in construction or alteration of any building or improvement thereof. This. indemnity shall include, but not be limited to, reasonable counsel fees of Landlord and costs of defense of claims in civil litigation. 10. Fire and Other Casualtv. No destruction or damage to Premises, or any building or improvement on the Premises, by fire, windstorm or other casualty shall entitle Tenant to surrender possession of the Premises, terminate this lease, violate any of its provisions or cause any rebate or abatement in rent then due or thereafter becoming due under the terms hereof. 11. Condemnation. If all or any part of the Premises is taken by eminent domain, then at the option of Landlord, Landlord may terminate this Lease and all unpaid Term Rent shall immediately become due and payable. 12. Performance_ of Tenant's Obligations. if Tenant is in default hereunder, Landlord may cure such default on Tenant's behalf. In such case, -6- Tenant shall reimburse Landlord for all sums paid to effect such cure, together with interest at 6% per annum and reasonable attorney's fees. In order to collect such reimbursement, Landlord shall have all the remedies available under this lease for a default in the payment of rent and such other remedies as are available at law or in equity. 13. Option to Terminate. At any time after the 5th anniversary of the commencement of this lease, Tenant may elect to terminate this lease by (1) giving Landlord not less than 30 days' notice to that effect, (11) paying to Landlord as of the date of termination all outstanding Term Rent and Additional Rent, and (iii) performing all of its obligations hereunder through such termination date. 14. Access. Landlord and its representatives may enter the Premises at any time. 15. Tenant's Default. In the event the Tenant shall default in performing any of the terms or provisions of this lease and fails to cure such default within thirty (30) days after the date of receipt of written notice of default from Landlord; or if Tenant abandons the Premises; or if Tenant is adjudicated bankrupt; or if a permanent receiver is appointed for Tenant's property and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such removal; or if, whether voluntary or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred, or if Tenant makes an assignment for benefit of creditors; or if Tenant's property should be levied upon or attached under process against Tenant, and not satisfied or dissolved within thirty (30) days after written notice from Landlord to Tenant to obtain satisfaction thereof; then, and in any of said events, Landlord at its option may at once terminate this lease by written notice to Tenant; whereupon this lease shall end. 16. Payment of Rent Upon Lease Termination. Upon termination of the lease by Landlord, by Tenant or for any other reason whatsoever, all unpaid Term Rent shall immediately become due and payable. Payment of the unpaid Term Rent shall be due 180 days from the date of termination of this lease. If Tenant fails to pay the unpaid Term Rent within said 180 day period, Tenant will at once surrender possession of the Premises to the Landlord; and Landlord may forthwith re-enter and take possession of the rremises and all of Tenant's personal property pursuant to the security interest granted to the Landlord herein. 17. Option to Purchase. a. Option and. Purchase Price. If no material event of default shall have occurred and then be subsisting under the terms of this lease, then upon the expiration of the term of the lease Tenant shall have the right to purchase the Premises (the "Option") for the purchase price of Twenty -Four Million Four Hundred Forty Thousand and 00/100 Dollars ($24,400,000,00), less the total amount of rent already paid under the terms of this lease (the "Purchase Price"), to be paid in cash, or other readily available funds at closing. b. Exercise of Option. Tenant shall have the right to exercise this Option by delivering written notice to Landlord of Tenant's intent to purchase the Premises no less than ninety (90) days prior to the expiration of the lease. if Tenant elects to purchase the Premises, Landlord and Tenant shall enter into an Agreement for the Purchase and Sale ' of Real Property ("Purchase Agreement"), and Tenant shall deliver to an escrow agent, to be selected by Tenant, the sum of Dollars ($ ) (the "Option Fee"), which Option Fee shall be credited against the Purchase Price at closing. C. Closing. The closing shall occur within thirty (30) days after the effective date of the Purchase. Agreement. Upon closing, Landlord shall convey title to Tenant by North Carolina general warranty deed, based on the legal description contained in Landlord's deed and subject to all restrictions, rights -of -way, easements and conditions of record, if any. d. As Is. In consideration of the fact that Tenant shall have the opportunity to occupy the Premises during the term of this lease and shall be responsible for certain repairs thereto, Tenant agrees that upon the exercise of the Option, the Premises shall be sold and conveyed in "as is" condition and Landlord shall not be responsible or liable for any repairs or upfitting thereto in connection with the sale of the Premises. 18. Notice. Any notice by either party to the other shall be in writing, and shall be deemed td be duly given only if delivered personally or mailed by certified mail in a postpaid envelope, addressed to Tenant at the Premises, and to Landlord the address for payment of rent. 19. Successors and Assigns. The terms of this lease shall be binding on the successors and assigns of the parties hereto. -7- IN WITNESS WHEREOF the parties have executed this agreement as of the date and year first above written. EAGLE POINT PARTNERS, LLC y. .•••.. EAGLE POINT GOLF CLUB, INC. By: 103882 El FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE ("Amendment") is made this .___ _ day of May, 2005, by and between EAGLE POINT PARTNERS, LLC ("Landlord"), and EAGLE POINT GOLF CLUB, INC. ("Tenant"). WITNESSETH: WHEREAS, Landlord and Tenant are parties to that certain lease dated December 2002 for the Premises located in New Hanover County, North Carolina (the "Lease"), such Lease being incorporated herein by reference; and, WHEREAS, Landlord and Tenant have agreed to modify the terms of the Lease, as hereinafter set forth. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by Landlord and Tenant, Landlord and Tenant hereby agree as follows: A- The Lease is hereby amended by deleting the first paragraph of Section 2 thereof in its entirety and inserting in lieu thereof the following: 112. Rent. Rent shall be paid annually within 10 days after completion of the annual audit of Tenant's financial condition required hereinbelow for each calendar year. The rent amount shall be equal to the Tenant's Net Revenues for the calendar year. "Net Revenues" shall mean the difference between (i) the Tenant's Total Revenues for the calendar year and (ii) the Tenant's Current Expenses for the calendar year plus cash flow deficits for the prior calendar year. "Total Revenue" shall mean, for any particular year, all payments, proceeds, dues, membership and initiation fees (net of resignations), charges, rents and other income derived by or for the account of the Tenant fiom its operation of the Premises, including investment income and business interruption insurance proceeds. "Current Expenses" shall mean, for any particular year, the 'Tenant's ongoing and recurring expenses for operation and maintenance of the Premises and the operation of Eagle Point Golf Club as determined in accordance with generally accepted accounting principles, including, but not limited to, all administrative, general and commercial expenses, insurance, legal expenses, any taxes which may be lawfully imposed on the Tenant or the Premises or the income or operations thereof, and usual expenses of maintenance, repair and operation, except that depreciation, amortization and any other non -cash charges shall not be included in Current Expenses." B. The Lease is hereby amended by deleting paragraph a. of Section 17 thereof in its entirety and inserting in lieu thereof the following: "a. Option and Purchase Price. If no material event of default shall have occurred and then be subsisting under the terms of this lease, then upon the expiration of the term of the lease Tenant shall have the right to purchase the Premises (the "Option") for the purchase price of Twenty -Four Million Four Hundred Forty Thousand and 001100 Dollars ($24,440,000.00), less the total amount of rent already paid under the terms of this lease and less the net tax benefits allowed to the Landlord or its members during the term of this lease in connection with any conservation easements granted by the Landlord." C. Landlord and Tenant acknowledge and agree that Tenant has underpaid rent with respect to periods prior to calendar year 2005 in the amount of $430,739.00. Tenant agrees to pay to Landlord such amount simultaneously with the execution and delivery of this Amendment. Except as expressly provided hereinabove, the terms and provisions of the Lease shall continue in full force and effect according to the terms thereof as modified by this Amendment. IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be executed in such form as to be binding, all by authority first duly given, as of the day and year first above written. 050383-00001-001 WLMAIN112405711 LANDLORD: EAGLE POINT PARTNERS, LLC C By: Title: TENANT: EAGLE POINT GOLF CLUB, INC. By: Title: 2 Lewis,Linda From: Lewis,Linda Sent: Monday, January 25, 2016 5:18 PM To: 'Mark Hargrove' Cc: Scott, Georgette Subject: PNP Eagle Point Golf Club Attachments: 2016 01 CEI BIMS 980634.pdf Mark: I just found out that the property is being leased to Eagle Point Golf Club, Inc. If that is the case, then before I can transfer the permit to Eagle Point Golf Club, Inc, I will need a copy of the lease agreement between them and the property owner, Eagle Point Partners, LLC. Can you bring that to our meeting tomorrow? I'm attaching an advance copy of the inspection report so you won't be blindsided by the compliance issues. Hopefully, we can get the transfer completed so that the Express review of the modification can be scheduled. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 t Ck'_ nothing Compares-,�.- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Corporations Division Page 1 of 1 /l�2'✓�Pr�y QWgP.r' r r l North Carolina Elaine F Marshall DEPARTMENT o .real` Secretary E�ECRETARY OF% STATE PO Box 29622 Raltilgh, NC 27626-fX22 Q9f 9)807-2= Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: Eagle Point Partners, LLC Limited Liability Company Information Sosld: 0648540 Stabua: Curreent-Anne Annual Report Status: Current Cftkwwhlp: Domestic Date Formed: 10/9/2002 Fiscall Month: December State of Incorporation: NC hAemd Ago Armfield, Wiliam J. Corporate Addresses Mailing: 8131 Bald Eagle Lane Wilmington, NC 28411-9306 Prirrc4wl Off: 8131 Bald Eagie Lane Whnlnotm ABC 26411-9305 Reg Office: 8131 Bald Eagle Lane Wilmington, NC 28411-9306 Reg . g: 8131 Slid Eagie Lane Wilmington, NC 2841.1-9306 Company Officials All LLCs are managed by their managers pursuant to N.C_G.S..57D-3-20. Manager: William J. Armfield , IV 300 N. Greene Street Suite 2190 Greensboro NC 27401 http://www.secretary.state.nc.us/Search/profcorp/5570242 1/27/2016 m4 LIMITED LIABILITY COMPANY e ANNUAL REPORT E-Filed Annual Report 5570242 Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Eagle Point Partners, LLC REPORT FOR THE YEAR: 2015 SECRETARY OF STATE L.L.C. ID NUMBER: 0648540 NATURE OF BUSINESS: leasing of golf club facilities REGISTERED AGENT: Armfield, William J. REGISTERED OFFICE MAILING ADDRESS: 8131 Bald Eagle Lane Wilmington, NC 28411-9306 STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 8131 Bald Eagle Lane Wilmington, NC 28411-9306 New Hanover County PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 686-4653 PRINCIPAL OFFICE MAILING ADDRESS: 8131 Bald Eagle Lane Wilmington, NC 28411-9306 PRINCIPAL OFFICE STREET ADDRESS: 8131 Bald Eagle Lane Wilmington, NC28411-9306 Company Officials: Name: William JArmfteld IV Title: Manager Address: 300 N Greene St Suite 2190 Greensboro, NC 27401 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES William J Armfield IV FORM MUST BE SIGNED BY A MANAGER/MEIvIBER William J Aniafield IV 4/7/2015 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Corporations Division Page 1 of 1 fz ssee_ NwMCwdhw Lq$l/ aura I DEPARTMENT cw- seembm PECRETM, OF ti IV-. P0901114111l RWd^ lNC 276I%4M +W Click Here To: View Document Filings Corporate Names Legal: EAGLE POINT GOLF CLUB, INC. Non -Profit Corporation Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent. 0464618 Current -Active Not Applicable Domestic 7/15/1998 December NC Armfield, IV, William J Corporate Addresses Principal Office: 300 N. Greene Street Guilford County Greensboro, NC 27401 Reg Office: 3000 North Greene Street Greensboro, NC 27401 Reg Mailing: PO Box 1510 Greensboro, NC 27402 Mailing: PO Box 1510 Greensboro, NC 27402 http://www.secretary.state.nc.us/Search/profcorp/4769840 1/25/2016 Corporations Division Page 1 of 1 Click Here To: NwffiCwdhw SeCM S�CRETARYOFSI PO BU Rdd^ WC 274KAM View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate Names Legal: A.E.L.M., LLC Prev Legal: Eagle Point Golf Club, LLC Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent: Corporate Addresses 0450631 Admin. Dissolved Not Applicable Domestic 2/16/1998 December NC Washburn, Yevonne Davis Principal Office: 300 N Greene Street Suite 2190 Greensboro, NC 27401 Reg Mailing: 300 N Greene Street Suite 2190 Greensboro, NC 27401 Reg Office: 300 North Greene Street Suite 2190 Greensboro, NC 27401 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 5713-3-20. http://www.secretary.state.nc.us/Search/profcorp/4874580 1/25/2016 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. A.E.L.M., LLC (0450631) 300 N Greene Street Suite 2190 Greensboro, NC27401 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE CERTIFICATE OF DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that A.E.L.M., 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 1st day of October, 2009 Elaine F. Marshall Secretary of State Document Id: 2009 668 01270 STATE OF NORTH CAROLINA ASSIGNMENT AND AGREEMENT COUNTY OF NEW HANOVER ASSIGNMENT AND AGREEMENT, made as of this 11 day of March 1999, by and between EAGLE POINT GOLF CLUB, L.L.C., a North Carolina limited liability company (the "Company"), and EAGLE POINT GOLF CLUB, INC., a North Carolina nonprofit corporation (the "Club"); WITNESSETH: WHEREAS, the Company has this date conveyed all of its real property (the "Land") to the Club in accordance with the terms of a Transfer Agreement between the parties dated March 10, 1999 (all capitalized terms not otherwise defined herein shall have the meaning set forth in the Transfer Agreement); and WHEREAS, in conjunction with the transfer of the Land, the Club has paid $3 million to the Company, delivered to the Company a Promissory Note in the amount of $3,950,000 and issued a Founder Membership to each Initial Founder, all as provided in the Transfer Agreement; and WHEREAS, the Transfer Agreement further provides for certain assignments to be made by the Company to the Club at the time of transfer of title to the Land. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: 1. Assignment. The Company hereby assigns and sets over to the Club all of its right, title and interest in and to the following (hereinafter referred to as the "Assigned Assets"): A. All contracts relating to the Club Facilities, including but not limited to, the following: (i) Construction Contracts for earth moving between the Club and Wells Brothers Construction; Golf Course Construction Contract between the Club and Course Doctors, Inc., dated February 11, 1999; S:1W0JLWmf1e1d-p0rlers-L1Ea6ie point Gall MbXAsslgn•Agm.wpd Page 2 (iii) all agreements for engineering services between the Company or the Club and McKim and Creed Engineers, P.A.; (iv) all agreements for architectural and design services between the Company or the Club and Henry W. Johnston Architects, A.I.A.; (v) contract for lake lining system with Horizon Golf Water Features and Speciality Systems; (vi) bridge contract with Jed Taylor; (vii) contract for aquatic planning with Eco Shores, Inc. B. All Governmental Permits and approvals relating to the Club Facilities, including but not limited to the following (some of which may not have yet been issued): (i) CAMA permit number 2-99; (ii) 401 Water Quality Permit; (iii) Storm Water Permit number SW8980634; (iv) Sedimentation and Erosion Control Permit number GP43- 9E; (v) Water and wastewater distribution permits; (vi) Permit(s) for rest area leach fields; (vi!) Irrigation well permits. C. The name and mark "Eagle Point Golf Club" and all logos associated therewith, together with the goodwill symbolized by said marks. D. All Warranties which the Company has received from manufacturers and suppliers as of the date of this agreement. S:\WOjL%"WjeW.pOO,G-L%EaVe Point Gott CtublAssir-Agm."O Page 3 E. All other tangible and intangible property of the Company excluding, however, all cash and notes receivable. 2. Assumption of Liability. The Club shall assume, perform, pay when due, all the debts, liabilities, obligations and contracts existing on the Transfer Date which are related to the development or operation of the Club Facilities (the "Assumed Liabilities"), including the following: A. All water, sewer, electric and other utility charges; B. Any property taxes or assessments on the Land; C. Any other accrued expenses incurred in connection with the development or operation of the Club Facilities for items or services to be received after the Transfer Date; and D. All assignable license and permit fees related to the development or operation of the Club Facilities. The assumption by the Club of the debts, liabilities, obligations and contracts of the Company shall expressly exclude any of the costs or expenses incurred by the Company in carrying out its obligations under the Transfer Agreement. There is excluded from the Assumed Liabilities all obligations of the Company to the Initial Founders. 3. Representations and Warranties by Company. The Company represents and warrants that: A. To the best of its knowledge there is no breach or default under any of the contracts assigned pursuant to this agreement. B. To the best of its knowledge there is no violation under any of the permits assigned pursuant to this agreement. C. There is no litigation pending, or to the best of its knowledge threatened, against the Company. D. To the best of its knowledge the Company has no liabilities other than those relating to the Club Facilities, except liabilities to the Initial Founders which are not being assumed by the Club. Whenever any representation or warranty herein with respect to the existence or absence of facts is qualified by the phrase "to the best of Company's knowledge", or words of similar import or meaning, which hphrase would give thetes only that no Gompany actual knowledon has ge of come to the Company's attention SIWOJL44rmh W-Fodwg-LIE9916 POW, soli C1ubV-ssign•agmxrpd Page 4 .- the existence or absence of such facts. Except to the extent expressly stated herein, the Company has not undertaken any independent investigation to determine the existence or absence of any such facts. 4. Release and Indemnity. The Club hereby releases the Company, its members, agents, employees, and affiliates and agrees to indemnify, hold harmless, and reimburse them on demand for: any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies including, but not limited to, interests, penalties, attorneys' fees and disbursements (even if incident to any appeals) that said persons shall incur or suffer which result from or relate to formation of the Club or the construction, maintenance, ownership, operation or management of the Club Facilities or to the Assigned Assets or Assumed Liabilities. 5. Incorporation of Transfer Aareement. All of the provisions of the Transfer Agreement are incorporated herein by reference as if fully set forth in this agreement. IN WITNESS WHEREOF the parties have executed this agreement as of the date and year first above written. ATTEST: CORPORATE EAGLE POINT GOLF CLUB, L.L.C. (SEAL) 8y: (SEAL) EAGLE POINT GOLF CLUB, INC. By. S..AMjLV nnfieid.Porter8-L*ade Pdnt Golf Clot+ ASS4 o- 4P*Pd Compliance Inspection Report Permit: SW8980634 Effective: 12/17/98 Expiration: Project Eagle Point Golf Club Owner: Eagle Point Golf Club Inc County: New Hanover Adress: Region: Wilmington City/State/Zip: Contact Person: William J Armfield Directions to Project: Title: President Type of Project: State Stormwater - Low Density Drain Areas: 1 - (Intracoastal Waterway) (03-06-24) ( SA;ORW) On -Site Representative(s): Related Permits: Inspection Date: 01/25/2016 Entry Time: 02:OOPM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: Exit Time: 02:20PM Phone: 910-796-7215 Inspection Type: Transfer Renewal page: 1 Permit: SW8980634 Owner - Project: Eagle Point Golf Club Inc Inspection Date: 01/25/2016 Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: The inspection was performed as part of the transfer of the permit to a new owner. The original owner LLC was dissolved in 2009. Overall, the site looked very well maintained. The usual unapproved "tweaks" to the site plan were evident, including: 1. The addition of a parking lot; 2. The extension of the circle driveway all the way up to the clubhouse; 3. The addition of permeable pavement and sidewalk on the west side of the clubshouse; 4. A layout change to a cul-de-sac near the entrance where 2 villas are supposed to be built; 5. The addition of several landscaped islands within the main clubhouse entrance road in front of the other 2 villas that have been constructed. 6. The addition of a grate and piping in the cart barn area on the west side of the clubhouse. These revisions must be included and accounted for in the upcoming plan revision to add a new building over the existing parking lot on the esst side of the clubhouse. The cart washing operation may require some type of NPDES permit or sewer permit from the county. page: 2 Permit: SW8980634 Owner - Project: Eagle Point Golf Club Inc Inspection Date: 01/25/2016 Inspection Type Transfer Renewal Reason for Visit: Other File Review Yes No NA NE Is the permit active? N ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ 1:10 ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ IJ ❑ Comment: Built UDon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ 0 ❑ Comment: 1. In several areas. more BUA has been constructed. In other areas, less BUA has been constructed These areas are: a. Parkina lot has been added on the east side of the clubhouse. b. Driveway goes all the way up to the clubhouse. c. Permeable pavement has been added to the drive area in front of the west wing of the clubhouse. d. Sidewalk has been added on the west side of the clubhouse. e. The two villas closest to the entrance have not been built, and the layout of that cul-de-sac has been altered. f. The parking in front of the other 2 villas off the main road to the clubhouse now has landscape islands. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑❑❑ Comment: 2. The inspection was conducted in order to transfer the permit to the current non-profit corporation Eagle Point Golf Club. Inc.. The former Dermittee corporation, Eagle Point Golf Club. LLC has been administratively dissolved since 2009. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Yes No NA NE ■ ❑❑❑ ❑ ❑■❑ ❑ ❑■❑ Comment: 3. The site utilizes sheet flow in most areas. A SW grate and pipe has been added to the cart path area on the west side of the clubhouse where the cart barn area is located under the clubhouse The end of the pipe was not located. Carts are washed off here and the runoff enters that drain. page: 3 Co'pleteness Review Checklist Project blame: `� 9 0;1 - a Received Date: I0 1 10 ?g "" Project Location: Accepted Date: aU ;)3 2-'bc- Rules) 2008 Coastal El1995 Coastal Phase II (WiRO.) ®Universal 1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): OPE Cert on File? Density: HD or LD Type: Commercial or Residential 1:1NCG: %: __=,(% OK?) Stream Class: 13SA Map Offsite to S Subdivided?: Subdivision or Single Lot MORW Map MExempt Paperwork Emailed Engineer on: "r L_JSupplernent(s) (1 original per BMP) BMP Type(s): O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures Deed + Corpr LLC: Sig. Auth. per SoS or letter ' p ®Email Address: Design Engineer f$505 (within 6moJ Email Address: Ownery�✓''"'`J� Soils Report with SHWT 1 Hate ta (eAr@yere r pr— Calculations (signedJsealed) iqo obvious errors ✓ ' ���'" �'-`��``���'�"� Density includes cor&on areas, etc -'� Deed Restrictions, if subdivided: ;Signed & Notarized :sue-" tr cs or ✓�-- 4- f-av fir" /�5 cad ,, Plays 712 Sets Details (roads, cul--de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading ;Wetlands: Delineated or No L_jVicinity Map Layout (proposed BUA dimensions) Legend DA Maps ®Project Boundaries Infiltratian Soils Report Bottom: Additional Information: vertu itteca BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Wet Pond Soils Report SHWT: - PP: Offslte �jPE Cert for Master ®Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: Lot # Matches Master sf sf Scott, Georgette From: Scott, Georgette Sent: Tuesday, November 24, 2015 10:00 AM To: 'Mark Hargrove' Subject: RE: Eagle Point Golf Course Mark, Thank you. It appears that this is what I needed to accept the project. I have given s to our ad in assistant. She will enter this project as accepted as of today. Once she does that she will giv it to Kelly to view and transfer. Georgette From: Mark Hargrove [mailto:mhargrove@ec.rr.com] Sent: Monday, November 23, 2015 8:33 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: Eagle Point Golf Course Georgette, The attached pdf is I believe the latest deed. I was told that Eagle Point Partners, LLC owns the golf course and leases it to Eagle Point Golf Club, Inc. If you need anything else, please let me know. Thanks Mark N. Hargrove, PE Port City Consulting Engineers, PLLC 910-599-1744 This email has been checked for viruses by Avast antivirus software. r.=� www.avast.com Scott, Georgette From: Mark Hargrove <mhargrove@ec.rr.com> Sent: Monday, November 23, 2015 8:33 PM To: Scott, Georgette Subject: Eagle Point Golf Course Attachments: Deed Eagle Point Partners LLC.pdf Georgette, The attached pdf is I believe the latest deed. I was told that Eagle Point Partners, LLC owns the golf course and leases it to Eagle Point Golf Club, Inc. If you need anything else, please let me know. Thanks Mark N. Hargrove, PE Port City Consulting Engineers, PLLC 910-599-1744 RIE: This email has been checked for viruses by Avast antivirus software. www.avast.com Warranty Deed Excise Tax 1111111111111I 2W266590 FAR REAi5TRRTiON REGLSTER OF DEEDS NEWWBHR OVER COl1NTYIQNG 2002 DEC 19 01.38 12 PSI BK 3573 PG-324-332 FEE $35 00 IRS # NOW Recording time, book and page Parcel Identifier No Pt. R03700-002-002-004; R03716-003-016-000; R03716-003-001-002; RO 3716-003-002-001 No certification or opinion on title is expressed by the preparer of this deed except as may appear from the preparer's signed certificate or opinion Prepared by William O J Lynch Hogue, Hill, Jones, Nash & Lynch, L L P RG` ��URNED ZO P 0 Drawer 2178 TTWilmington, NC 28402 Grantee mailing address Returned to STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS that EAGLE POINT GOLF CLUB, INC, a North Carolina non-profit corporation, "GRANTOR," in consideration of TEN AND NO/100 ($10 00) DOLLARS and other good and valuable consideration, paid to GRANTOR by EAGLE POINT PARTNERS, LLC, a North Carolina limited liability company, "GRANTEE," the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said GRANTEE, and GRANTEE'S heirs, successors, and assigns, forever, in fee simple, all that certain lot or parcel of land located in the County of New Hanover, State of North Carolina, and more particularly described as follows See attached Exhibit A, incorporated herein as if set out in full TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors, and assigns, forever, in fee simple, and the GRANTOR, for itself, its successors and assigns, does covenant with the said GRANTEE and said GRANTEE's hens, successors and assigns, that GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein stated, and that GRANTOR hereby will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated Title to the property is subject to the following exceptions The provisions of all applicable zoning and land use ordinances, statutes and regulations; current year ad valorem taxes, and all applicable restrictive covenants and utility easements of record Subject, also, to the exceptions set out on Exhibit B attached hereto and made a part hereof. The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer, this the / (10 day of December, 2002 EAGL POINT GOLF CL INC B Y Presid t STATE OF NoK-�6 C n q . Na COUNTY OF, a I, a Notary Public of the State and County aforesaid, certify that Will -am S • R m V. a Ili I $ersonally came before me this day and acknowledged that he is the'Aes ,A* ..{. of EAGLE POINT GOLF CLUB, INC, a North Carolina non-profit corporation, and that he, as f-Poe s : J e .,V being authonzed to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal this the 1(6 day of :Z4Lum6&A 2002. yes y-5- O Notary Public wpd EXHIBIT "A" (Page 1 of A) TRACT 1: BEGINNING at a point in the western line of State Road 1401 (30 0 feet from the centerlinel said point located north 46 degrees 05 minutes east 658.40 feet and north 36 degrees 55 minutes east 977.92 feet as measured with said western line from its intersection with the northern line of the DePland land as shown by map of Section "D" of Porters Neck Plantation, recorded in Map Hook 5, Page 45, in the New Hanover County Registry, running thence from said Beginning with said western line of State Road 1401, north 36 degrees 55 minutes east 110.00 feet to a point, thence north 53 degrees 13 minutes west 131.63 feet to an iron pipe, thence continuing north 53 degrees 13 minutes west 70.94 feet to a point in Little Creek, thence south 53 degrees 28 minutes west 114.32 feet to a point in Little Creek, thence south 53 degrees 05 minutes east 70.00 feet to an iron pipe, thence continuing north 53 degrees 05 minutes west 149.16 feet to the Point of BEGINNING. Subject to a drainage easement 15.0 feet In the width located parallel and adjacent to the western line of the described lot. TRACT 2: BEGINNING at a point in the western line of State Road 1401 (30.0 feet from the center line) said point located north 46 degrees 05 minutes east 558.40 feet and north 36 degrees 55 minutes east 1087.92 feet as measured with said western line from its intersection with the northern line of the DePland Land as shown by mars of Section "D" of Porters Neck Plantation, recorded to Map Book 5, Page 45, in the Now Hanover County Registry, running thence from said beginning with said western fine of State Road 1401, North 36 degrees 55 minutes east 110.00 feet to a point, thence north 53 degrees 13 minutes west 175.99 feet to a point in the center of a drainage run, thence down and with said run south 53 degrees 28 minutes west 114.32 feet to a point in Little Creek, thence south 53 degrees 05 minutes east 70.94 feet to a point in the high water line of Little Creek, thence continuing, north 53 degrees 05 minutes west 137.63 fast to the point of beginning. Subject to a drainage easement 15.0 feet in width located parallel and ad)acent to the western line of the described lot. Description furniehed by Henry von Osaen and Associates, Inc. TRACT 3: BEGINNING at a point in the western line of State Road 1401 (30.0 feet from the centerline) said point located north 46 degrees 05 minutes east 558.40 feet and north 36 degrees 55 minutes east 1192.92 feet as measured with said western line from its intersection with the northern line of the DePland land as shown by map of Section "D" of Porters Neck Plantation, recorded in Map Book 5, Page 45, in the New Hanover County Registry, running thence from said Beginning with said western line of State Road 1401, north 36 degrees 55 minutes east 120.00 feet to a point, thence north 53 degrees 05 minutes west 70.00 feet to the point of curvature of a curve having a radius of 990.62 feet and a deflection angle of 17 degrees 45 minutes to the right, thence with said curve northwestwardly 80.00 feet to the center of a 30-foot drainage easement (chord to the previous course being north 50 degrees 48 minutes west 79.97 feet), thence with the centerline of said easement south 48 degrees 49 minutes west 125.68 feet to a point, thence south 53 degrees 05 minutes east 175.99 feet to the Point of Beginning, subject to the eastern 15 feet of the 30-foot drainage easement which is centered on the northwestern line. EXHIBIT A (page 2 of 4) Property D"criptlon of 229.49 Acre Tr$cV vt Partners Neck PtanUdon TRACT 4 ; April 10,1998 That certain tract of lend b ft In Harnett Township, New Hanover Comity, North Carolina, said tract being a pardon of the tract described in Deed Book 624 Pape wa of the New Hanover County Register of Maeds and being more fully described as folows: Cornmeecug from a Concrete Mwsseent a Cannel Comer, 83 shown on a plat prepared by MctGm & Cased anfilled 'A Revised Plat of Subd won of Porters Neck PWhmtion' and duled August 17, 1993, said plat Is recoraded in Map Book 33 Page 183 of the New Hanover County Register of heeds. South 21'31'S8° East N distance of 2M.76 feet to a Goncn" Monument, a Cohdrd Caner, thence 338.1E Mast along Vv we of a carve to the right having a radius of 310.00 feet, a delta ar de of 62'30'00'. it chard bearing of South 09'43'02° Whet and a chord distance of 321.64 feet to a Concrete Monument, a Control Comer. thence South 28"134j2" Eo4 a distance of 177.39 feet to in point on the Scuthem right of way of Porters Nook Road (SR 1491) the Point of BeginninW. Thence from the Point of 84knine. South W42W Wast, a distance of 212.93 feet thence South 53'190(r Cast, a distance of25.00 feet; thence South 38'44'00' West, a disbum of WMW fast; thence South 53'160W East, a distance of 70.00 feet; thence South 42036'15°VtA3st, a diet nce of 195,46 facts thence 80.66 feat slang are arc of a. cure to On left haft a radius of 930.82 feet, a delta wgte of 48T32". a chord bearing of South 50'Wi4° Fast and a chotd distance of 79.98 fast; thence lost thence South 5301BW East; a distance of 70.00 feet thence South 36.4200° West a dicta = of 60.00 feet; thence North W18W West a distance of 70M tut thence BMW feet along the arc of a curve to the right, having a radus of SM82leek a delta angle of 4`3738", a chord bearing of North 50'5S'11` West and a chord distance of 79.96 feet thence South 48'38'S4" Weal, a distance of 125.08 feet; thence South 53'11^54" West. a distance of 114.72 feet; thence South 53.18'00' Fact, a distance of &W feet thence South 46161l" YVak a distance of 111.24 feet; itrence NoM 53115W Weal a distance of 20.00 feet; thence South 51 *051 West. a 9rhAnce of 113.98 feet thetice South 28'W44!* West a distance at 141.47 feet; thence South 06105W i�Vasty a distanced 120.60 feet; thence South 3101201"Vltest, a dtatance of MAD feet; thence Sarth 341147W Wast. a delance of 105.10 feet; thence South 2B'33'14' West, a distoca of 106.07 feet thence South 10690'3p" West, a distance of 128.18 fast thence South 20'47*41" V46K a distortue of 119.55 feet thence South 40'005° West, a distance of 94.60 abet thence South 57'58'14c West a dials nce of 137.W feet; thence South 51'5rW West, a disbnee of 133.78 feet~ thence South 8?3'05'15' Went, a distance of 140M but. thence North 80'3376" ~Vest a distance of 185.26 feat thence NfoM 61'3241' West, a distance of 3W I l feet; thence North 4To2'26" tAleat a distance ch 16120 fiat thence Notttl 4604WOW tCm% a distance of 198.04 ".41'23' .ii, :. diarkx of 3133.43 [set thence .'s'ordh IOW- 47° Wit. _ 4-14 -18 0 U3 U. F"oM sr.. 1YLLMINOTOM, a91r" CAWUM MR] Tea vloaa,toee "x 910.=l.&M ..WW. 101"Gre"d ems M=131T A (Page 3 of 4) TRACT 4 (cont.) distance of 1343.01 feet; thence South 79'S3'04' East, a distance of 1492.02 feet; thence North 10'06'0T East, a distance of 15.00 fed to a point on the Southern ngtd of way of Porters Neck Road (SR 1941); thence with said right Of way South 7W53'04• East, a distance of 1004.11 feet; thence South 77.5Y19• East, a distance of 135.38 feet; thence South 73021*46• Task a distance of 97.55 feat; thence South 68'2 Vr East, a didance of 97.54 fleet thence South 83.58'CV l ask a distance of 97.45 feat; thence South 58'2T39" East, a distance of 97.10 feet; thence South 5Y4541' East,` a distance of 07.60 feet; thence South 49651440 Fast. a distance of 98.88 feat; trance South 49'04'S8• Erik a distance of 1403.79 feet to the Point of Beginning, containing 220.40 acres as shown On a plat prepared by Mclam & Creed entiftcd 'Boundary Survey Of a POrtlon Of Tra4t i at Porters Neck Plantation' and dated August 1987 3 February 19M THIS CONVEYANCE 13 MADE SUBJECT TO AND TOGETHER WITH EASEMENTS AS FOLLOWS: Easement 1. This conveyance Is made subject to an easement for water and sewer lines (W and 2(r In width) over the property hereby conveyed adjacent to the property's soutimestem fine, said easement being a portion of the easement described In'Easement for Water and Sewer Litres' recorded Mmrh 27.1998. In Book 2335, Page 243. of the New Hanover County Regfaby, as modified by'Modificatian Agreement' recorded In Book 23". Page 140, or said Registry. Easement 2. There is also hereby conveyed to the Grantee a W easement for the igstallation of water and sewer lines, said easement being adjacent to the western One of the property hereby conveyed and being located on the 1420 +l- arse tract of Seller, said easement being a portion of the easement described in 'Easement for Water and Sewer LhW recorded March 27.1995, in Book 2335. Page 243, of the Now Hermaw County Registry. as modified by 'Modification Agreement' recorded In Book 2344. Page 140. of said Registry. Easement 3. There Is also hereby conveyed to Grantee a 1W wide exclusive use easement adjacent to Porters Nock Road, said easement being described on Schedule 1 of this Exhibit A. Gram shall have the exclusive use of the easement and the exdusive right to operate ft same; Provided, however, that the conveyance of to easement Is subject to easements for public utirdies. 4W- EXHIBIT A M /(& CRUD (Page 4 of 4) 44 �41�NM Property Description of 0.51 Acre Tract At Porters Nock Plardation TRACT 5 April 10,1998 That certain trail of kind being In Harnett Towrlshlp, New Hanover County, North Carolina, said had being a portian of the tract described In Dead Book 624 Page 555 of the New Hanover County Register of Deeds and being more fully described as follows. Commencing from a Concrete Monument, a Control Corder, as shown on a plat prepared by Mcigm & Creed entitled *A Revised Plat of Subdivision of Porten Neck Plantation' and dated August 17. 1993, said plat Is recorded in Maya) Book 33 Page 183 of the New Hanover County Regidor of Deeds, South 21'31'Sr Eask a distance of 215-9.76 feet to a Concrete Monument, a Control Comer, thence 3W 6 feet along the arc of a curve to the right having a radius of 310.00 feet a delta angle of 62.30'00', a dlard bearing of South 09'43W West and a chord distance of 321.64 feat to a Concrete Monument, a Control Carer; thence south 28.l TSr East, a distance of 177.39 feet to a Roint on the Southam right of wry of Porters Neck Road (SR 1401). thence with said right of way the following courses and distances, North 49'04'SB' West a distance of 1493.79 t.g thence Muth 49.5114' Wask a distance of ti M fK thence Nodh 52645'41' West a distance of 97.80 tset thence North 58'Z7'3g' bleat, a distan of g7.10 feet; thence North 63.66 W West, a distance of 97.45 fed; thence North 98.27 07' West, a distance of E 7.54 feet; thence North 73'21'46" West, a distance of 97.55 feet; thence North Tr5?19' West, a distance of 135.38 feet; thence North 79'6"C West, a distance of 1004.11 feet to the Point of Beginning; Thence from the point of Beginning; leaving said right of way South 10'OB'07' West, a distance of 15.00 feet; thence North 790O3'04' West, a distance of 14EM02 feet; thence North 10OW470 East, a distance of 15.W feet to a point on the Southern right of way of Porters Neck Road (SR 1491); thence South 79.53 ' East, a distance of 14CM01 feet to the Pohd of Boghuftg containing 0.51 so = as shown on a plat prepared by McIQm & Creed entitled 'boundary Survey of a Portion of Tract 1 at Porters Nock Plantadan' and dated August 1087 & February, 19 M. N��IhrAW�,, 7 sAe �ST 243 N. FROW Sr., WH OMSTod. 1!OM CAeadNA 2"01 TEL 910.U3.1045 PAX 910.261.82/9 www.mekimerese.ean EXHIBIT B Exceptions As to Tracts 1,2 & 3 1 Restrictive covenants recorded in Book 464, Page 419. New Hanover County Registry. 2 Easements and any other facts as shown on map recorded in Map Book/Cabinet 5, Page 45, New Hanover County Registry 3 Easement(s) to Carolina Power and Light Company recorded in Book 1090, Page 489, Book 1063, page 146, and Book 1026, page 249, New Hanover County Registry As to Tracts 4 and 5 Easement(s) to Carolina Power and Light Company recorded in Book 1244, Page 1784, New Hanover County Registry Utility easement along the southwestern lot line(s) as shown on survey dated February, 1998, by Martin R Stoughton, Registered Land Surveyor Easement(s) for water and sewer lines recorded in Book 2335, Page 243, and modified in Book 2344, Page 140, New Hanover County Registry As to All Tracts. 1 Such state of facts as would be disclosed by an accurate survey and inspection of the land 2 Riparian rights or title to that portion of the land lying below the highwater mark of Little Creek or the Intracoastal Waterway or other waters that ebb and flow with the tide 3 All claims of lien for labor and material supplied to the property 4 The current year's ad valorem taxes which Grantee assumes and agrees to pay 5 Zoning and other regulations imposed by governmental authorities, and all conservation or other easements, dedications, agreements, licenses, restrictions, covenants, conditions, nghts-of-way and other matters affecting title as granted, imposed or suffered to be placed upon the Real Property by predecessors in title or the Company 6 The land and any fixtures being hereby conveyed are conveyed in 'Where is, as is" condition 5 WVOJLWmf*&POr1W$ L*09* PWI r Wf Ckf*UC1OCpp ONtl e—Oms wpd REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 ri#Yt##Y#ri*!!liiritiiR*#RR**RRRRRttRRi!#f!!!t#!#t!!t#i#tRttRRRRtttt!#ttR#***#*i#;Rt**#R*1M*Y#!##fRR#**R***!!t#t*tt#RR*t Filed For Registration: 12119/2002 01:38:12 PM Book: RE 3573 Page, 324-332 Document No.: 2002065001 DEED 9 PGS $35 00 Recorder: MARVIS ANN STORER trit RRAriiliritri!!riY#i*iti itrritrt#Rii*k!*!#i!i#tttlhF#tr!!i! lriRit##iiiltr iit!!l itii#i! #iitiiKY ieiiilii*t*1r!#*!!*#NR#R!!i State of North Carolina, County of New Hanover The foregoing certificate of YVONNE D WASHBURN Notary is certified to be correct. This 19TH of December 2002 REBECCA T. CHRISTIAN , REGISTER OF DEEDS A By: _ Deputy/AOsistoM Register of Deeds lrill#ri#i#*ttrlRilitlii#trltt#ttit*iiiRtri!!*Rltitlttr!#!!i#i#iii*!#itttt*#R##i#t#R#tlttlY##i#!######ltrtttt*iRRfRffa►/RMwoR YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2002065001* 2002065001 PORT CITY CONSULTING ENGINEERS, PLLC 6216 STONEBRIDGE ROAD WILMINGTON, NORTH CAROLINA, 28409 (910) 599-1744 TO: Georgette Scott NCDWQ 127 Cardinal Drive Wilmington, NC 28405 EMPR (OF V° ° HISARMU DATE 11 / 10/ 15 JOB NO. AMMON PHONE # RE: Eagle Point Golf Club Permit No. SW8 980634 Mod Ownership Transfer Request WE ARE SENDING YOU ® Attached ❑ Under separate cover the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change order ❑ Diskette ❑ Permit Forms COPIES DATE NO. DESCRIPTION 1 State Stormwater Permit Name/Ownership Change Form 1 Legal Documentation of the transfer of all Government Permits to the Eagle Point Golf Club, Inc. 1 Articles of Incorporation of Eagle Point Golf Club, Inc. 20f THESE ARE TRANSMITTED as checked below: ❑ copies for ® For approval ❑ Approved as submitted Resubmit approval copies for ❑ For your use ❑ Approved as noted ❑ Submit distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Georgette, this submittal is for an Ownership Transfer Request. Find out the ownership had changed when I tried to request an Express Submittal Req.T� rT irr u ZCJ5 COPY TO: File SIGNED: 9 enclosures are not as noted, kindly notNy us at once. w 98 i 96 7055 ARTICLES OF O CORPORATION �5 it EAGLE POINT GOLF CLUB, INC. JUL 15 (a NoWofit Corporation) max,-nvs Tlm undmigmd, actift as k=PMW for the Purpm of crating a nompraflEMP under the laws of the State of North Carolina, as contained in Chapter 55A of the General Sty of North Carolina, eadded "Nonprofit Corporation Act", and the several ammftem thereto, hereby set forth: I. The name of the Corporation is EAGIS POINT GOLF CLUB, INC. II. The period of duration of the Corporation is perpetual. M. The purposes for which the Corporatin is organised are to engage in all lawful activities ft which COKIM&M ashy be under N.C.G.S. Section 55A-3-01, et sM., including but not limiwd to the following: to own and operate a private golf club for the pkasure and of its members, their families and their guests. The dub is orgsmaed exclusively for pkm re, raxrn = and other noapmfitable purposes, and no part of the net earnings of which inures to the bene& of mtsy member. IV. The Corporation shall have rnm abers, as provided by the By --Laws. l� arid pcdapal office The street addresn and county of the initial registered of tine Corporation is: 300 Greene Street, Greensboro, Guilford County, North Carolina, 27401. The new of the registered agent of the Corporation at the above address is: William J. Atnafeld, IV. prlricipsl office The mailing address of the initial registered omcc/i-sT Post Office Box 1510, Green, 4.C. 27402. VI. TU provisiow mgarding dissolution shall be see forth in the By -Laws, in accordance N.C.G.S. Section 55A-14-03, and shall not be inconsistew with the applicable laws the distribution of assets on dissolution. E C E I V E NOV 10 205 BY: Vu. The names and addresses of the individtials who are to serve as initial directors are: William J. Armfidd, IV 300 Now Creene Street, Suite 2190 Greensboro, NC 27401 John G. B. Ellison, Jr. 706 Greene valley Road Greensboro, NC 27408 Robert E. Long, Jr. 300 North Greene Street, Suite 2050 Greensboro, NC 27401 John J. Mack 1585 Broadway New York, NY 10036-8293 OM The sole incorporator of the Corporation is Robert E. Long, Jr., a n coral pion age of eighteen years and resident of Greensboro, GwWord County, North Carolina, whose is 300 North Greene Street, Suite 2050, Gre m*wo, NC 27401 These Articles wM be effective upon filing. IN TESTIMONY WHEREOF, I have hereunto set my Laud, this the 14th day of July, i Fie" -POM I b1 „ IS) -2- the .4 STATE OF NORTH CAROLINA COUNTY OF GUnFORD This is to certify that on this die 14th day of July, 1998, before me, ' a Notary Public, personally appeared ROMMT E. LONG, JR., who I sadsfied is the persm mwd in and who executed the foregoing Articles of Incorporation of a Fount Golf Crab, Inc., a nonprofit corporation, and I having first made known to him the coat dmeof, he did ad m 4WV drat he signed and delivered the same as his vobmtary act and deed the uses and purposes dwre'sn eXPrm- IN WITNESS WHEREOF, I have haeunto ad my hand and atExed my notarial seal, dte 14th day of July, 1998. My Co®mdsojon Expires: aJsiac'o C — — -3- Notary Public Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, November 10, 2015 7:56 AM To: 'Mark Hargrove' Cc: Weaver, Cameron Subject: RE: SW8 980634, Eagle Point Golf Club - State Stormwater Mark, Please submit the form to Georgette. It will likely get passed on to me. It takes a while to get the transfer done because it has to be inspected etc. But, we will get to it as soon as we can. Thanks, KJ From: Mark Hargrove [mailto:mhargrove@ec.rr.com] Sent: Monday, November 09, 2015 1:20 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: SW8 980634, Eagle Point Golf Club - State Stormwater Kelly, Hopefully I am getting the signed "Ownership Transfer" form today or in the morning...... should I submit it back to you or Georgette? Do these take as long to get to as a normal permit submittal? Thanks Mark N. Hargrove, PE Port City Consulting Engineers, PLLC 910-599-1744 From: Johnson, Kelly fmailto:kelly.p.johnsonCclncdenr.ci Sent: Wednesday, November 04, 2015 3:42 PM To: Mark Hargrove Cc: Weaver, Cameron Subject: RE: SW8 980634, Eagle Point Golf Club - State Stormwater Mark, Transfers are generally fairly complicated, and if that is the case then we unfortunately cannot do it in Express. Thanks, KJ From: Mark Hargrove [mailto:mharerove ec.rr.com] Sent: Wednesday, November 04, 2015 3:35 PM To: Johnson, Kelly <kellv.p.iohnson@ncdenr.%ov> Cc: Weaver, Cameron <canieron.weaver@ncdenr.go4,> Subject: RE: SW8 980634, Eagle Point Golf Club - State Stormwater Ok....I will try to get it figured out. Can we not submii the ownership transfer the same time we do the modification? Mark N. Hargrove, PE Port City Consulting Engineers, PLLC 910-599-1744 From: Johnson, Kelly [mailto:kelly.R.johnson Zbncdenr.gov] Sent: Wednesday, November 04, 2015 3:24 PM To: Mark Hargrove - Old (mhargrove(clec.mcom) Cc: Weaver, Cameron Subject: SW8 980634, Eagle Point Golf Club - State Stormwater Mark, We sat down to schedule these Express submittals today, and there appears to be an issue with the owner of this one. It was issued in 1999 to Eagle Point Golf Club, LLC which is a dissolved corporation. It will have to be transferred to the new owner before it can come through Express. Thanks, Kelly K.eLLl, DhwSDIA, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 This email has been checked for viruses by Avast antivirus software. ,www.avast.com This email has been checked for viruses by Avast antivirus software. :- www.avast.com 2 For A LW -WA Reviewer. Borth Carolina Department of Environment and so ..-.��TA_ Natural Resources MCDENR Request for Express Permit Review r'� oonnrm: RLL N all the inforamation below and CHECK the Perm4s) You are requesting for express review. Gag and Email the completed form to the Permit Orator along W0 a r ornleleted DETAILED narrative, site. alas IMF file] and vicinity mad fame hems exerted in the apAcation a ka a of die project location. Please indrde thls fo m in the.applicadon package. AsheviiNe Region -,Alban Davidson 848-2964898,nt r?.�r •_y;s:A : _L.:. _ ;4 _ a Fayetteville or Rafe o Region -David Lee 919-7914203; ! w M Mooresville & Winston Salem Region - Patrick Grogan 7"235-2107 or'_ Washington Region -Lyn Hardison 252-94&%U42 Or.- o INIhirhng{lon.Regism//wwtRuue#911.0-7796-7/02�.yo�r�jj !.?a:x.,. ;;_.;��•? .ss=,: w;r+' Wilmirigid n Region•Cameron Weaver'910.7-96-7303 or ��i__ �-_210_f�A�ML7��ri:.•`�'U NOTE.Project application received after 12 noon wilt be stamped in the Blowing work day. Project Name: EAGLE POINT GOLF CL NTMORM I County: NEW HANOVER Applicant: ROBERT LONG Compa : EAGLE POINT GOLF CLUB, LLC c Qa Address: 8131 BALD EAGLE i .WILMINGTON �. Zip- 2B411 ��j `l1 Phone: 91OM&4653, Fax: 91 = Email: BILLYDEAGLEPOINTGC.NET Physical Locdon:8 LD EAGLE CANE. WILMINGTON NC Project Drains in SA .OR stars. Is project draining to class ORW was? Y, within A mle and draining to class SA waters Y or within 1 mile and draining to cis H Y RECD NOV- 0 4 "2015 EngineertCortsultant: MARK HARGROVE, PE Company: PORT CITY CONSULTING ENGINEERS. PLLC p kAS Addns 6216 STONEBRIDGE ROAD Ctly:WILMINGTON, State: NC Zip: 28409 �Y1 1' Phone: g10-599-1744. Fax: - Emal: mh drove c.rr.com b&q + . ae i ION ONE. REQUI:STiNG A SCUPING MEE ING ONLY NK ❑ Scoping Meeting ONLY ❑ .DWQ, El DCM, ❑ DLR, [] OTHER: SECTION TWO: CHECK ONLY THI`_PROG_ RANI IS YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stimm Origin Detern iination: _ # of strewn calls - Please atiactr TOPO map. martang the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream calls - Please aW TOPO nW marking the areas in guestions ❑ 401 Water Quality Certification ❑ isritated Wetland L Onear It or acres} ❑ Riparian Buffer Authorization ❑ 14inor Variance ❑ Major General Variance ® State Stormwater ❑ General, please specify; (i.e. Low Den., Clear & Grub, SFR, Bkhd & Bt Rp, Linear, Utility, Other, etc.) ® Low density - Please specify: MODIFICATION [i.e. New, modified or plan revisions`:''' ❑ High Density - Please specify: [i e. New, modified, offshe or plan revision (u "'. '"` f. t-:,:t�' & type of treatment (detention, infiltration, wetland, etc) etc): [I Exclusion - Please specify; jlf DOT project or redevelopment, etc] ❑ Coastal Management ❑'Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Wait ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed. (CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for bath scvping and express meeting request) Wetlands on Site ❑ Yes No Buffer Impacts: 0 No ❑ YES: _acre(s) Wetlands Delineation has been conpleted: ❑ Yes ❑ No Isolated wetland on Property ❑ Yes ® No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process wt US ACOE: ❑ Yes ® No Permit Received from US ACOE ❑ Yes ❑ No Pm DF.Nk rN atun wt WRHMM pNIHIMS. wows W SUDINRTAL DATA - - - . i $t1B�lt]TAL DATES� ee A $ 1. varbnCe (0 raj; 160 $ sW (O MD, O LD, Gen)$ 14a1: $ tQS $ = Mream Deter $ .NCDENR EXPRESS .rely 2012 PROJECT NARRATIVE EAGLE PONT GOLF CLUB EAGLE POINT GOLF CfLUB F TNESS CENTERIDORM FACBLF'-F�` WILMINGTON, NC The address of the site is 8131 Bald Eagle Lane, Wilmington, NC. The golf course encompasses approximately 230 acres. This project involves the construction of a +I- 7,500 sf building that will be a fitness/dorm facility. Miscellaneous sidewalks and parking spaces will be added also. The existing storm water permit is SW8 980634 and is a Low Density Permit. Some existing asphalt will be removed for this project. We will be adding only +/- 3,000 sf of new impervious area. The runoff from the project will sheet flow onto the golf course. This will be a modification to the existing storm water permit. Re: SW8 980634 (nkt 07025 3-28-07) Subject: Re: SW8 980634 (nkt 07025 3-28-07) From: Linda Lewis <linda.lewis@ncrnail.net> Date: Mon, 30 Jul 2007 11:00:28 -0400 To: "Kent Harrell / Norris, Kuske, & Tunstall Engineers" <kharrell@nkteng.com> Kent: In reply to your email: 1. OK 2. OK 3. OK 4. OK 5. OK 6. OK. Once you have a proposal, we can schedule a meeting to discuss. 7. According to latest information, the low density limit for projects within 575' of SA/ORW waters in affected NPDES Phase II counties is 12%. 8. Unknown 9. Unknown 10. Correct. Linda Kent Harrell / Norris, Kuske, & Tunstall Engineers wrote: Linda, LID was mentioned only as an option. If LID is considered high density then it is not permitted in the salt water ORW's. Here is a list of the items relevant to the permitting process for this project as we understand them from discussions with DWQ. Please review and advise: 1. This will be a permit modification of an existing low density stormwater permit in the ORW where the permittee will be requesting BUA increase. 2. A site specific plan approval will be required to demonstrate compliance with low density salt water ORW rules. 3. The BUA will be required to be dispersed such that a high density pocket or cluster of impervious is not created. 4. Written DWQ criteria defining regarding high density pockets or clusters of high density have not yet been released to the public. 5. Low Density projects scrutinized for high density pockets and or clusters of impervious surface area are reviewed by DWQ on a case by case basis. 1 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) 6. An iterative review and design approach will facilitate DWQ approval of these type projects on a case by case basis. The applicant submits the plan followed by DWQ comments until the approvable site is derived. 7. The NPDES Phase II rules may apply to this project. DWQ must determine whether the 25% impervious or the 12% impervious applies to the salt water ORW projects and advise given the recent publication of NPDES phase II rules. 8. A CAMA major permit or permit modification will apply. 9. A Land Quality land disturbance permit or permit modification will apply. 10. The express review fee for a DWQ low density permit modification is $2000. Thank you, Kent Harrell, P.E. 910-343-9653 office 910-470-0268 mobile ----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, July 17, 2007 3:03 PM To: Kent Harrell / Norris, Kuske, & Tunstall Engineers Cc: Tom Reeder; Mary Naugle; chris.baker @ncmai1.net; Cameron Weaver; Ed Beck; Rhonda Hall; David Cox; Christine Nelson; Paul Bartlett Subject: Re: SW8 980634 (nkt 07025 3-28-07) Kent: You still have to get a SSW permit for any LID project that disturbs >1 acre or needs a CAMA Major permit. LID principles do not currently fit under our low density guidelines, so those projects will be reviewed and approved as high density, however, if you wish to utilize the Express review, the fee will be held at the low density level of $2000.00. Linda Kent Harrell / Norris, Kuske, & Tunstall Engineers wrote: Linda, 2 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) I am correct to say that any stormwater approvals DWQ can give will be cautiously witheld until DWQ reviews the site specific plan? To facilitate further review need we prepare and submit the stormwater application? Is express submittal an option? Thank you, Kent Harrell, P.E. 910-343-9653 -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Monday, July 16, 2007 4:31 PM To: Kent Harrell / Norris, Kuske, & Tunstall Engineers Subject: Re: SW8 980634 (nkt 07025 3-28-07) Kent: We've got no design guidelines for review under Ll principles. The county will be offering LID, not the State. Linda Kent Harrell / Norris, Kuske, & Tunstall Engineers wrote: Linda, S w There is enough land here for disconnection of impervious surfaces, pervious parking, and implementation of LID techniques. The public wants better J 3 water 3 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) quality and the owner wants more built upon ! area. Can water quality, DWQ, i and Eagle Point Golf Course to come out winners? Eagle point and DWQ will have to discuss further to find out where this leads. NKT welcomes the opportunity. We would be willing to meet with you at a convenient time to discuss further. We could even meet on site. Thank you so much for taking the time to respond to our inquiries. Thank you, Kent Harrell, P.E. 910-343-9653 -----Original Message ------ From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Monday, July 09, 2007 9:31 AM To: Kent Harrell / Norris, Kuske, & Tunstall Engineers Subject: Re: SW8 980634 (nkt 07025 3-28-07) Kent. No, that interpretation is not correct. The drainage areas of a parking lot can be artificially manipulated to demonstrate that no single DA exceeds 25%, but it's still a pocket of high density because all the BUA is clustered together. of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) Linda Kent Harrell / Norris, Kuske, & Tunstall Engineers wrote: Linda, We believe the drainage subbassins will support more BUA even if the new rule applies at 12%. That is if we understand DWQ policy on pockets of high density. We understand DWQ policy with ORW projects is that each individual drainage basin must have equal to or less than the allowable impervious percentage. that Does that policy interpretation sound right to you? If so we will start drawing and show you what we come up with to prove this out. Do we need to come meet with you or Rhonda Hall? We would like to do a i say week after next. I am available after Julylyl f 11 5 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) 16. Thank you, Kent Harrell, P.E. 910-343-9653 -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Friday, March 30, 2007 10:35 AM To: Kent Harrell / Norris, Kuske, & Tunstall Engineers Subject: Re: SW8 980634 (nkt 07025 3-28-07) Kent: According to latest information, I believe that no pockets of high density are allowed within the 575' AEC. Any BUA located within the 575' AEC must conform fully to the intent of the 25% low density requirements. If the project is within 575 feet of an ORW, it's probably also entirely I or partly within 1/2 mile of SA waters. So, that portion of a large project within the 575 AEC must be 25% low density, and that portion outside the 5751, but within 1/2 mile of SA waters can be 25% or have infiltration if high i 6 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) density development is desired. That part of the project outside the 1/2 mile may be low or high density with any type of desired treatment allowed by the rules. Linda Kent Harrell / Norris, Kuske, & Tunstall Engineers wrote: Linda, We have some hope to design away the high density pocket issues. Is a pocket of high density allowed within the 575 ft setback from ORW long the 25% is not exceeded? Is the 25% impervious limit specific to the 575 ft ORW set back area separately from the remainder of the 229.49 acre site? Thanks Kent Harrell, P.E. 910-343-9653 -----Original Message ----- From: Linda Lewis [m_ailto:linda.lewis@ncmail.net] Sent: Wednesday, February 21, 2007 5:31 PM To: Kent Harrell / Norris, Kuske, & 7 of 8 7/30/2007 11:02 AM Re: SW8 980634 (nkt 07025 3-28-07) Tunstall Engineers Subject: SW8 980634 Kent: In addition to my previous email regarding this modification, I notice that the new layout of the BUA is proposed such that a pocket of high density may be formed. It's going to depend on whether or not there is curbing proposed for the parking lot, and if not, how/where the site is going to drain. Linda 8 of 8 7/30/2007 11:02 AM �MCKIM&CTEED October 13, 2000 I OCT 17 ?000 I M&C 14120001 (40) NCDENR Division of Water Quality Division Of Water Quality 127 Cardinal Dr, Ext Wilmington, NC 28405 RE: SW8 980634 and SW8 980634 Modification Eagle Point Golf Club Dear Mr. Shiver: Please find enclosed, for your use, this certification for the referenced project in accordance with the permit dated December 17, 1998 and August 23rd, 1999. The storm water improvements for the project were constructed in substantial conformance with the project documents. The attached plans show some impervious areas that have not yet been constructed, but will be at a later date. The areas are as follows: 1. Cart Paths — The owner has elected at this time to temporally surface several of the cart paths with select mulch materials, in lieu of pavement. 2. Parking — The 234 ft long separate parking area has not yet been constructed, as shown on the attached sketch plan. 3. Club House — The Club House is presently under construction. The Club House utility, parking and access improvements have been constructed. 4. Villas — Two of the four Villas have been constructed and completed. The other two Villas have not yet been constructed, though their utility, parking and access improvements have been constructed. See attached sketch plan. For the owner's record, enclosed also are copies of the previous issued permit and the previous approved plans. Please contact me should you have any questions. Sincerely, Project Manag&99, , �E, SEAL 022887 S:1141210001140-Permits\1Q94 '' - '' - LOT.doc ��i�i R}R J.2 t, RRONT ST., WILMINGTON, NORTH CAROLINA 28401 418111titT 0.343.1048 FAX 910.251.8282 www.mckimcreed.com AA0002667 NCDENR October 13, 2000 Page 2 of 2 Enclosures: — Designers Certification Low Density Permit SW8 980634 Modification — Plan SWEC-1, Titled 'Stormwater And Erosion Control Plan', dated 3/23/99, rev B 3/23/99 Plan 0001, Titled'Site Plan - Eagle Point Golf Club Clubhouse (CAMA Impervious)', dated 10/10/98, rev B 7/12/99 cc: John Mills, Eagle Point Golf Course (2) File SA141210001140-Permits1101300 Low Density SW Certification LOT.doc . v MqKM&CREED State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor_ Bill Holman, Secretary Kerr T. Stevens, Director Mr. William J. Arnold, IV Eagle Point Golf Club 300 North Green Street, Suite 2190 Greensboro, North Carolina 27401 Dear Mr. Arnold: FMAR ]E"., �D2 4 2000 March 23, 2000 4 09.1. ■ NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. WQ0017147 Eagle Point Gulf Club Wastewater Collection System New Hanover County In accordance with your application received July 21, 1999, we are forwarding herewith Permit No. WQ0017147 dated March 23, 2000, to Eagle Point Golf Club for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Permitting of this project does not constitute an acceptance of any part of the plans and specifications that do not meet 15A NCAC 2H .0200 and the Division of Water Quality's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 unless specifically mentioned herein. Division approval is based on the acceptance of the certification provided by a N.C. Professional Engineer on Page 6 of the subject permit application form. It shall be the perinittee's responsibility to ensure the plans and specifications meet the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute 143-215.6A — 143-215.6C, construction of additional facilities, and/or referral of the N.C. Professional Engineer to the licensing board. 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,-6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Michael Mortensen at 19) 733-5083 extension 370. Sincere Kerr T. Stevens cc: New Hanover County Health Department Wilmington Regional Office, Water Quality Section McKim & Creed, P.A. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - RALEIGH WASTEWATER COLLECTION PERMIT 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 EAGLE POINT GOLF CLUB New Hanover County FOR THE construction and operation of approximately 300 linear feet of eight -inch gravity sewer, a 70-GPM pumv station with duplex pumps, on -site audible and visual high water alarms, a portable generator, an autodialer, a manual transfer switch, and approximately 4,100 linear feet of three-inch force main, a 30-GPM pump station with duplex pumps, on -site audible and visual high water alarms, a portable generator, an autodialer, a manual transfer switch, and approximately 200 linear feet of one and a quarter -inch force main, a 29-GPM pump station with a simplex pump, on -site audible and visual high water alarms, 24 hours of storage and approximately 200 linear feet of one and a quarter -inch force main to serve Eagle Point Golf Club, and the discharge of 10000 GPD of collected domestic wastewater into the New Hanover County's existing sewerage system, pursuant to the application received July 21, 1999, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. .. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, 15A NCAC 2H .0200, the Division of Water Quality's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, the approved plans and specifications, and other supporting data unless specifically mentioned herein. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the James A. Loughlin Wastewater Treatment Plant (NPDES No. NC0023965) prior to being discharged into the receiving stream. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality (Division) accompanied by an application fee, 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. 6. Constriction of the sewers, pump station(sp and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Upon completion of construction and prior to operation of this permitted facility, a certification and a copy of the record drawings (i.e., as -constructed plans) must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, 15A NCAC 2H .0200, this permit, and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit and provide a final certificate of completion once the entire project has been completed. A copy of the record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Certification and one (1) copy of the record drawings to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit or to construct the facilities in accordance with the conditions of this permit, 15A NCAC 2H .0200, the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, the approved plans and specifications, and other supporting data may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 10. 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. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, (duplex stations) b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. h. Adherence with the following minimum separations: (i) Storm sewers (vertical) 12 inches (ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet (iii) In benched trenches (vertical) 18 inches (iv) Any private or public water supply source, including any WS-I waters or Class I or Class II impounded reservoirs used as a source of drinking water 100 feet (v) Waters classified WS (other than WS-I), B, SA, ORW, HQW, or SB [from normal high water (or tide elevation)] 50 feet (vi) Any other stream, lake or impoundment 10 feet (vii) Any building foundation 5 feet (viii) Any basement 10 feet (ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet (x) Drainage systems (I) Interceptor drains 5 feet (II) Ground water lowering and surface drainage ditches 10 feet (xi) Any swimming pool 10 feet (xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where these minimum separations cannot be maintained. The minimum separation shall however not be less than 25 feet from a private well or 50 feet from a public water supply well; • 12. 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 wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395- 3900, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 14. This permit shall become voidable unless the agreement between Eagle Point Gulf Club and the New Hanover County Water & Sewer District for the collection and final treatment of wastewater is in full force and effect. Permit issued this th enty third day of March, 2000. NORTH OLINA E NTAL MANAGEMENT COMMISSION .Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0017147 Permit No. WQ0017147 March 23, 2000 ENGINEER'S CERTIFICATION Partial Final 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized by the Permittee to observe (periodically, weekly, full time) the construction of the project, Project Name Location and County hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the Division of Water Quality's Gravity Sewer Minimum Design Criteria adopted February 12, 1996, 15A NCAC 2H .0200, this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. The above Engineer's Certification must be completed and submitted to the address below with one (1) copy of the Record Drawings (i.e., as -constructed plans) of the permitted facilities. This project shall not be considered complete and allowed to operate until this Engineer's Certification and the Record Drawings have been submitted. Any wastewater flow made tributary to the permitted facilities prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 4 �MCKIN4&CREED 99 November 17, 1998 I NOV 1� 9 M&C 1412-0001.0W(40) Ms. Linda Lewis NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: November 14, 1998 request for additional information Stormwater Project No. SW8 980634 Eagle Point Golf Club New Hanover County Dear Linda, We have revised the Clubhouse Site Plan to included villa dimensions and additional information you requested in your November 14, 1998 letter, please find enclosed 3 copies for your review. If you have any additional questions or require additional information, please contact this office. q .y. Roney Senior Designer cc: William Armfield file (1412-0001.OW (40)) YI-ARS 243 N. FRONT ST., WILMINGTON, NORTH CAROLINA 28401 TEL 910.343.1048 FAX 910.251.8282 www.mckimcreed.com