Loading...
HomeMy WebLinkAboutSW8070202_Historical File_20161026 PAT McCRORY N . !VC!: Governor DONALD R. VAN DER VAART Secretary Energy,Mineral& TRACY DAVIS Land Resources Director ENVIRONMENTAL QUALITY October 26,2016 Costa Alexiou,Manager DSSII Holding Co.,LLC,Manager Stars&Stripes 2I,LLC 1123 Zonolite Road, Suite 30 Atlanta, GA 30306 Subject: Permit Transfer under SL 2013-121 and Notice of Inspection State Stormwater Management Permit No. SW8 070202 San Rio Master Plan and Phase I Brunswick County Dear Mr.Alexiou: Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality(DWQ)to the Division of Energy,Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are modified. Please note that the attached updated permit now references DEMLR as the Division responsible for issuance of the permit On October 6,2016,the Wilmington Regional Office received a complete application request to transfer ownership of the subject state stormwater management permit under the provisions of Session Law 2013 121. Staff of DEMLR inspected the project and reviewed the available documentation,and determined that the project is currently not in compliance with the terms and conditions of the state stormwater permit. The permittee shall be responsible for the following: 1. Restore the existing permitted stormwater control measures to design condition prior to beginning any additional development work or home construction. 2. Assure that the 16'total width of drainage easement available between the single family lots is wide enough to accommodate the grading for all of the curb outlet swales without compromise to the homes. 3. This permit must be modified to reflect the loss of the 225.44 acre tract across Gray Bridge Road, formerly known as Section 5,which is within the SC project area. 4. Submit a request to combine the 2 individual permits for San Rio(SW8 070202 and SW8 070834)into one permit. The following corrections were made to the permit: The drainage area,permanent pool volume and temporary pool volume were corrected to reflect the June 8,2007 permitted condition. The Division has determined that the provisions of SL 2013-121 have been met as indicated by the supporting documents and findings listed below: 1. The successor-owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form; 2. The original permit holder, Sandler at Shallotte,LLC,was lawfully and finally divested of title to the property on which the permitted activity is occurring.Reference is made to File#09 CVS 126 filed in Brunswick County Superior Court, 3. The successor-owner holds title to the property on which the permitted activity is occurring. Reference is made to the deed recorded on September 19,2014 in DB 3567 at PG 1248. 4. The successor owner has not proposed any substantial changes to the permitted activity. 5. The updated permit does not impose new or different terms—it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. State of North Carolina I Environmental Quality j Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 State Stormwater Permit No. SW8 070202 Page 2 of 2 n' By signing the Name/Ownership Change Form and acknowledging receipt of a copy of the permit,which includes the application and supplement forms,you have accepted the responsibility for complying with the terms and conditions outlined in this permit, including the correction of the deficiencies and actions noted above. The Division is hereby notifying you that the subject permit has been transferred on October 26, 2016 per the requirements of SL 2013-121, and to remind you that this permit shall be effective until February 15,2021, For your records,please find enclosed an updated permit, a copy of the inspection report,and a copy of the Name/Ownership Change form Please keep the permit on file at all times. 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, Tracy Davis, P.E.,Director Division of Energy,Mineral and Land Resources GDS/arl: 11\Stormwater\Permits&Projects 12007\070202 HD\2016 10 permit 070202 cc: Wilmington Regional Office Stormwater Permit File State of North Carolina I Environmental.Quality Energy,Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 State Stormwater Management Systems Permit No. SW8 070202 • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Stars & Stripes 21, LLC San Rio Master Stormwater Plan and Phase I Permit Gray Bridge Road, Brunswick County FOR THE construction, operation and maintenance of an overall 25% /30% low density subdivision with a curb outlet swale system and one (I) wet detention pond for the area of higher density, 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 (DEMLR or Division) and considered a part of this permit. This permit shall be effective from the date of issuance until February 15, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The overall project shall maintain a built-upon area of no more than 8,688,042 square feet, which is based on a project area of 112.80 acres draining to SA waters, limited to 25%, and a project area of 570.85 acres draining to SC waters, limited to 30%. 3. Phase I of the subdivision is permitted for 151 lots, each allowed a maximum amount of built-upon area as described in Schedule of Compliance Condition 11.16 (f) of this permit. 4. The approved Phase I stormwater system is within the SC class project area, and includes overall low density with curb outlet swales and a wet detention pond (#1) for the higher density Amenity Area, as described in Design Standard Condition 1.6 of this permit. Each of the permitted curb outlet swales shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Page 1 of 8 State Stormwater Management Systems Permit No. SW8 070202 5. . Approved plans and specifications dated June 18, 2007 for this project are incorporated by reference and are enforceable parts of the permit. 6. The following design elements have been permitted for Wet Detention Pond #1 (the Amenity Area pond) and must be provided in the system at all times. a. Drainage Area, acres: 4.02 Onsite, ft2: 175,111 Offsite, ft2: None b. Total Impervious Surfaces, ft2: 77,730 Buildings, ft2: 12,195 Roads/Parking, ft2: 46,087 Sidewalks, ft2: 8,558 Other, ft2: 10,890 c. Pond Depth, feet: 6.5 d. TSS removal efficiency: 90% e. Design Storm, inches: 1.0 f. Permanent Pool Elevation, FMSL: 22.5 g. Permitted Surface Area @PP, ft2: 50,599 h. Permitted Storage Volume, ft3: 6.560 i. Storage Elevation, FMSL: 22.63 j. Controlling Orifice: 2"f pipe k. Permanent Pool Volume, ft3 : 191,038 I. Forebay Volume, ft3: 31,836 m. Maximum Fountain Horsepower: 3/4 n. Receiving Stream / River Basin: Shallotte River/ LBR59 o. Stream Index Number: 15-25-2-(7.5) p. Classification of Water Body: "SC;HQVV" II. SCHEDULE OF COMPLIANCE 1. The stormwater collection system of pipes, swales, ditches and inlets shown on the approved plans shall not be filled in, altered, piped, revised, relocated or resized, unless the permittee shall have submitted a request to revise the plans and/or to modify the permit and received approval from the Division prior to making any such changes. 2. The permittee is responsible for monitoring the project on a routine basis to verify that the built-upon area for the project covered by this permit does not exceed the maximum built-upon area allowed by this permit. 3. The permittee shall review all new lot construction plans and all subsequent modifications and additions to the lot, for compliance with the maximum assigned BUA limit for that lot. The plans reviewed must include all proposed built-upon area, drainage (driveway piping & swales) and lot grading. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built-upon area for the project or for any lot. c. Further subdivision, acquisition, or sale of all or part of the project area d. Filling in, altering, piping, revising, relocating, rerouting or resizing any of the approved stormwater control measures (SCM's) or the stormwater collection and conveyance system of pipes, swales and inlets shown on the approved plan. e. The construction of permeable pavement for BUA credit. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 070202 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. All stormwater control measures and the runoff collection and conveyance system, must be located in a drainage easement, a common area or a public right-of-way. The final plats for the project will be recorded showing all such required easements, common areas and rights-of-way, in the locations as shown on the approved plans. 7 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the 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. 8. The approved stormwater control measures shall be entirely constructed, vegetated and operational for its 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 system will be repaired immediately. 10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications_ f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 070202 15.. The permitted facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070202, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built-upon area per lot is as follows: Lot# Maximum Built- Upon Area (sf) 1-21, 28-48 2900 22-27, 49-80, 90-100, 3900 106-125, 134-150 81-89, 101-105, 126-133 4900 151 8000 This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, uncovered, open slat decking, the water surface of swimming pools, a surface of#57 stone laid at least 4 inches thick over a geotextile fabric, or a trail as defined in NCGS 113A-85. All runoff on the lot must drain into the permitted runoff collection system and be directed into the permitted Stormwater Control Measure (SCM). This may be accomplished by collection or grading or a combination of these. Lots that will naturally drain into the system are not required to provide these measures. j. Built-upon area in excess of the permitted amount will require a permit modification. k. Lot owners desiring to use permeable pavement to obtain BUA credit must submit their application to the Division for approval. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. Prior to transfer of the permit, the project and the SCM's will be inspected by DEMLR personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 070202 19.. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. No pump shall be installed if the permanent pool volume is less than 30,000 cubic feet. e. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 3/. 20. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, uncovered, open slat decking, the water surface of swimming pools, a surface of#57 stone laid at least 4 inches thick over a geotextile fabric, or a trail as defined in NCGS 113A-85. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, iviinerai and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2- 01(e) and NCGS 57D-6-07; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes rules reg ulationc nr ordinances which may be imnncerl by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 070202 6. . The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. The Permittee grants permission to staff of the DEMLR to access the property for the purposes of inspecting the stormwater control measures and the project's built-upon areas during normal business hours. 8. The permittee shall maintain a copy of the approved plans and specifications on file at all times. Permit updated, transferred and reissued this the 26th day of October 2016. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ''for racy D is, P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 070202MOD Page 6 of 8 State Stormwater Management Systems Permit No. SW8 070202 San Rio Master Stormwater Plan and Phase I Permit Page 1 of 2 Stormwater Permit No. SW8 070202 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Page 7of8 State Stormwater Management Systems Permit No. SW8 070202 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDEQ-DEMLR Regional Office Brunswick County Building Inspections Page 8 of 8 Compliance Inspection Report Permit: SW8070202 Effective: 10/26/16 Expiration: 02/15/21 Project: San Rio Owner: Stars&Stripes 2i LLC County: Brunswick Adress: Gray Bridge Rd Region: Wilmington City/State/Zip: Shallotte NC 28459 Contact Person: Costa Alexiou Title: Phone: 404-480-4900 Directions to Project: From Wilmington,take US 17 south towards Shallotte,Exit onto SR 130(Holden Beach Road),turn right onto Gray Bridge Road and the site is approx.0.5 miles on the right. Type of Project: State Stormwater-LD-Curb and Gutter State Stormwater-HD-Detention Pond Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 10/26/2016 Entry Time: 11:15AM Exit Time: 11:30AM Primary Inspector: Alida R Lewis Phone: 910-796-7215 Secondary Inspector(s): Georgette D Scott Reason for Inspection: Follow-up Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: V' State Stormwater (See attachment summary) page: 1 Permit: SW8070202 Owner-Project: Stars&Stripes 21 LLC Inspection Date: 10/26/2018 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: This foreclosed property is being taken over by a new owner and all of the compliance issues outlined in this followup report Will be addressed by the new permittee, Stars&Stripes 21 LLC. File Review Yes No NA NE Is the permit active? ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? [� ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? kI ❑ ❑ ❑ Comment: 1.The new permittee will need to provide the Designers Certifications for the SCM's once they are restored to design condition. 2. Lots have been conveyed under the recorded deed restrictions in DB 2623 at PG 1309.. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? • ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? • ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? • ❑ ❑ ❑ Comment: 3.The property is only partially built at this time, due to foreclosure.There are no buildings or homes in San Rio vet. Only the Phase I roads are in place. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? III 0 ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ ❑ Are the outlet structures located per the approved plans? MOOD Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ 0 DWQ upon request? Comment: 4.The permittee will need to restore the permitted SCM's to design condition prior to constructing any roads, lots,building or parking area. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ai ❑ ❑ ❑ Comment: 5.The permit is being transferred to the new owner. 6.The recorded plat notes that an eight-foot drainage easement is reserved on every lot line. page: 2 OPERATING AGREEMENT FOR DSSII HOLDING CO,LLC A DELAWARE LIMITED LIABILITY COMPANY ECEIYE OCT 252016 BY: f ((Z)f 941 5k) 0702G2 Sw g 0 -7o 33 4- 19216.0000111970239.2 OPERATING AGREEMENT FOR DSSII HOLDING CO,LLC A DELAWARE LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT is made as of August 29, 2013, by and among the parties listed on the signature pages hereof,with reference to the following facts: A. The parties have formed DSSII HOLDING CO, LLC(the"Company"), a limited liability company under the laws of the State of Delaware. B. The parties desire to adopt and approve an operating agreement for the Company. NOW, THEREFORE, the parties by this Agreement set forth the operating agreement for the Company under the laws of the State of Delaware upon the terms and subject to the conditions of this Agreement. ARTICLE I DEFINITIONS When used in this Agreement, the following terms shall have the meanings set forth below(all terms used in this Agreement that are not defined in this ARTICLE 1 shall have the meanings set forth elsewhere in this Agreement): 1.1 "Act" means the Delaware Limited Liability Company Act, 6 Del. C. §18-101 et seq.,as amended from time to time,and any successor statute. 1.2 "Affiliate"means any individual, partnership, corporation,trust or other entity or association, directly or indirectly Controlling, Controlled by, or under common Control with a Member. 1.3 "Agreement" means this Operating Agreement, as originally executed and as amended from time to time. 1.4 "Assignee" means a Person who has acquired an Economic Interest in the Company but who has not been admitted as a Member. 1.5 "Bankruptcy"means (a) the filing of an application by a Member for, or his, her or its consent to, the appointment of a trustee, receiver, or custodian of his,her or its assets; (b) the entry of an order for relief with respect to a Member in proceedings under the United States Bankruptcy Code,as amended or superseded from time to time;(c)the making by a Member of a general assignment for the benefit of creditors; (d)the entry of an order,judgment, or decree by any court of competent jurisdiction appointing a trustee, receiver, or custodian of the assets of a Member unless the proceedings and the person appointed are dismissed within ninety (90)days; or (e) the failure by a Member generally to pay his, her, or its debts as the debts become due within the meaning of Section 303(h)(1)of the United States Bankruptcy Code,as determined by 19216-00001/1970239.2 approve such act,with each member having a number of votes equal to its Percentage Interest in the Company: 4.6(a) The election or removal of a Manager under Section 5.2 or establishment of a Manager's compensation under Section 5.6; 4.6(b) Any amendment of the Certificate or this Agreement; 4.6(c) A decision to compromise the obligation of a Member to make a Capital Contribution or return money or property paid or distributed in violation of the Act; 4.6(d) A decision to merge the Company with or into another entity or convert the Company into any other form of legal entity;or 4.6(e) A decision to dissolve the Company,in accordance with Section 9.1. 4.7 Meetings of Members. Meetings of Members may be held in accordance with the Act. ARTICLE 5 MANAGEMENT AND CONTROL OF THE COMPANY 5.1 Management of the Company by Board of Managers. 5.1(a) Exclusive Management by Board of Managers. The business, property and affairs of the Company shall be managed exclusively by the Board of Managers. Except for situations in which the approval of the Members is expressly required by the Certificate or this Agreement,the Board of Managers shall have full, complete and exclusive authority, power,and discretion to manage and control the business, property and affairs of the Company, to make all decisions regarding those matters and to,perform or cause to be performed any and all other acts or activities customary or incident to the management of the Company's business, property and affairs. 5.1(b) Agency Authority of Managers. Subject to any applicable consent requirements herein,the Managers are authorized to endorse checks, drafts, and other evidences of indebtedness made payable to the order of the Company,and to sign contracts and obligations on behalf of the Company. Except as otherwise expressly provided herein, the Board of Managers shall act by majority consent,with each Manager being entitled to cast one vote. 5.2 Appointment of Managers to Board of Managers. 5.2(a) Number and Qualifications. The Company's Board of Managers shall have three (3) Managers which initially shall be Michael Drapac, Costa Alexiou and Sebastian Drapac. A Manager need not be a Member. 5.2(b) Resignation. A Manager may resign at any time by giving written notice to the Members without prejudice to the rights, if any, of the Company under any contract to which the Manager is a party. The resignation of a Manager shall take effect upon receipt of that 19216-00001/1970239.2 6 IN WITNESS WHEREOF, all of the Managers and Members of DSS1I. Holding Co, LLC, a Delaware limited liability company, have executed this Agreement, effective as of the date written above. "BOARD OF MANAGERS" 1 1,• 4-1/7 Michael Drapac ager Costa Alexiou,Manager Sebastian Drapac,Manager "MEMBERS" Drapac Advisory Limited ATF Drapac Stars&Stri ,Member By:41 osta Alexiou as Director of Drapac Advisory Limited 19216-C4!D+31'1920219.2 25 LP/LLC/GP Report -Acknowledgement Copy File Number: 5390117 Name: DSSII HOLDING CO, LLC Agent Number: 9486191 Agent Name: ERESIDENTAGENT, INC. Address: 1013 CENTRE ROAD SUITE 403S City: WILMINGTON State: DE Zip Code: 19805 Tax LP/LLC/GP Penalty 1.5% Monthly Previous Amount Amount Year Tax Interest Credit/Balance Paid Due 2015 $300.00 $0.00 $0.00 $0.00 $300.00 $0.00 2016 $300.00 $0.00 $0.00 $300.00 $0.00 $0.00 Payment Information Amount Paid: $300.00 Payment Method: Existing Depository Account Payment Date: 04/11/2016 UserName: eminute STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King,Jr.Dr. Atlanta, Georgia 30334-1530 ANNUAL REGISTRATION *Electronically Filed* Secretary of State Filing Date:2/29/2016 12:08:48 PM BUSINESS INFORMATION.s CONTROL NUMBER 15046350 BUSINESS NAME DSSII HOLDING CO,LLC BUSINESS TYPE Foreign Limited Liability Company EFFECTIVE DATE 02/29/2016 PRINCIPAL OFFICE ADDRESS ADDRESS 1123 ZONOLITE ROAD NE,SUITE 30,ATLANTA,GA,30306,USA ERED 'I 'T'S NAME AND ADD• WNW NAME ADDRESS Divjot Singh 1123 Zonolite Road NE,Suite 30,Fulton,Atlanta,GA,30306,USA AUTHORIZER SIGNATURE Katie Thurman AUTHORIZER TITLE Authorized Person 7.,.,..„,,..0„., 3 : „,e4000.0 . 4... s:___tti,v„: ,,,vi.i.,. _., ^'6' IC''',!. "t.44 _ .--. e. +. Byy��ri�Iyy{{]].. a t P. Kemp Lewis,Linda From: Lewis,Linda Sent: Friday, October 21, 2016 4:40 PM To: 'Doug Talbot' Cc: Scott, Georgette Subject: FW: San Rio Transfers Mr. Talbot: The reason for needing affirmation from the Delaware Secretary of State regarding Mr. Alexiou's status as a manager in DSSII Holding Co., LLC is because all of the recorded deeds and documents transferring the San Rio property and the declarant rights to Stars & Stripes 21, LLC were signed by Sebastian Drapac as the manager of DSSII Holding Co., LLC, manager of Stars & Stripes 21, LLC. Have a good weekend. Linda From: Lewis,Linda Sent: Friday, October 21, 2016 3:02 PM To: 'Doug Talbot'<dougtalbot@landdevelopmentspecialists.com> Subject: RE:San Rio Transfers Sorry, I don't think it ever was cleared up. We started out with Drapac, and we finally got that straightened out, but there's nothing in the file from Delaware to document Mr. Alexiou's status as manager in DSSII Holding Co., LLC. I'll search my emails to be sure that you did not attach it and I just forgot to print it off. Linda From: Doug Talbot [mailto:dougtalbot@landdevelopmentspecialists.com] Sent: Friday, October 21,2016 2:43 PM To: Lewis,Linda<Iinda.Iewis@@ncdenr.gov> Subject: Re:San Rio Transfers Linda, I am sorry but I thought that was cleared up? I will get back to you. Doug Douglass S.Talbot Land Development Specialists,Inc. P. D. Box 4937 Pinehurst,NC 28374 gio-639-3218 Lewis,Linda From: Doug Talbot <dougtalbot@landdevelopmentspecialists.com> Sent: Friday, October 21, 2016 12:24 PM To: Lewis,Linda Cc: Scott, Georgette Subject: Re: San Rio Transfers SVVZY* S NOTE I, Ali AREAS COMPUTED BY COORDINATES. 111ANCE$ .10M API HO ON1 L SURFACE, 3, DINE ARE NOT BUM TO 20, 4, 8 FC4T li ILITY AN ) Si0711 WATER EASEMEIT AION 0051 18 OF a SIDE LOT I ES IS RESERVED UNLESS OTHER NI NOTED, 5. 444 VIETLANDS ON LOTS CAN NOT BE DIS RJRBED MI NIT A BRIT FR011 IfIE U. S. NY CORPS OF DIGINES R B. FOR 44 ifigt OELINA1QN SEE PLAT ON FIE AT U, S ANY MPS OF NOS ALL FLOOD HAZARO DEMMER MAST BE MADE ROY FERIA FLOOD GAPS, 100 YEAR FOOD LINE ON THIS PAT IS SCALED. , a WIS NO PARCELS 1 IIS FLAT ARE EJECT TO DING BY LOCAL COI,N'IY CA MUNICIPALITY i IRON PEE SET AT AI CORNERS Linda, Sorry for the large copy but the above notes are copied from the San Rio recorded plats. It appears the recorded plat does not indicate any specific easements for stormwater but rather calls out note number 4 under Surveyors Notes. This note allows for 8'along all interior property lines or 16'between lots for stormwater easement and should satisfy your concern. Doug 1 Douglass S. Talbot Land Development Specialists, Inc. P. O. Box 4937 Pinehurst,NC 28374 910-639-3218 Frorrr:Linda Lewis<IindaJewis@ncdenr.gov> Date: Friday, October 21, 2016 at 10:18 AM To: Doug Talbot<dougtalbot@Ianddevelopmentspecialists.com> Cc: "Scott, Georgette" <georgette.scott@a ncdenr.gov> Subject: FW:San Rio Transfers Mr. Talbot: In regards to this attached email string, and the recorded plats you kindly provided, I have 2 concerns: 1. There is a pipe which conveys runoff through the back of Piton Court, between Lots 7 & 8, to Pond #2. The recorded plat does not show any sort of drainage easement between these lots. Lot 7 is currently owned by someone other than the developer. 2. The runoff at the end of Discovery Bay Road and Margot Bay Court is piped under the road, presumably down one of the lot lines for Lots 83, 84 or 85, but again, the recorded plat does not show any sort of drainage easement between any of these lots. Lots 85 and 86 are currently owned by someone other than the developer. As previously stated, it is difficult to go back and add a drainage easement to a lot that has already been sold. Without those easements, the currently approved drainage plan cannot be implemented. If these easements are necessary to achieve the approved stormwater management, then the Division must require that new recorded plats be provided which shows those required easement locations, or Stars & Stripes 21, LLC will need to modify the plans and relocate drainage easements AFTER they become the permittee of record. Linda From: Lewis,Linda Sent:Thursday,October 20, 2016 4:55 PM To: 'Doug Talbot'<dougtalbot@landdevelopmentspecialists.com> Subject: RE:San Rio Transfers Mr. Talbot: I'm sorry, but you have misunderstood me. I did not need for you to provide information regarding all of the April inspection report items. Most of those items, as I had already indicated, would need to be handled by Stars and Stripes 21, LLC AFTER the permit is transferred and the project is modified to whatever its final design is going to be. The only item I needed immediately was the plats to determine if the necessary easements appear in the places where easements are needed in order to implement the current approved drainage plan. Based on my review of those recorded plats, there appear to be a few places where piping/ditching between lots is proposed, but no easement is showing up on the plat. It's really hard to go back and add an easement after a lot is sold. 2 Lewis,Linda From: Lewis,Linda Sent: Friday, October 21, 2016 10:19 AM To: 'Doug Talbot' Cc: Scott, Georgette Subject: FW: San Rio Transfers Mr. Talbot: In regards to this attached email string, and the recorded plats you kindly provided, I have 2 concerns: 1. There is a pipe which conveys runoff through the back of Piton Court, between Lots 7 & 8, to Pond #2. The recorded plat does not show any sort of drainage easement between these lots. Lot 7 is currently owned by someone other than the developer. 2. The runoff at the end of Discovery Bay Road and Margot Bay Court is piped under the road, presumably down one of the lot lines for Lots 83, 84 or 85, but again, the recorded plat does not show any sort of drainage easement between any of these lots. Lots 85 and 86 are currently owned by someone other than the developer. As previously stated, it is difficult to go back and add a drainage easement to a lot that has already been sold. Without those easements, the currently approved drainage plan cannot be implemented. If these easements are necessary to achieve the approved stormwater management, then the Division must require that new recorded plats be provided which shows those required easement locations, or Stars & Stripes 21, LLC will need to modify the plans and relocate drainage easements AFTER they become the permittee of record. Linda From: Lewis,Linda Sent:Thursday, October 20, 2016 4:55 PM To: 'Doug Talbot'<dougtalbot@landdevelopmentspecialists.com> Subject: RE:San Rio Transfers Mr. Talbot: I'm sorry, but you have misunderstood me. I did not need for you to provide information regarding all of the April inspection report items. Most of those items, as I had already indicated, would need to be handled by Stars and Stripes 21, LLC AFTER the permit is transferred and the project is modified to whatever its final design is going to be. The only item I needed immediately was the plats to determine if the necessary easements appear in the places where easements are needed in order to implement the current approved drainage plan. Based on my review of those recorded plats, there appear to be a few places where piping/ditching between lots is proposed, but no easement is showing up on the plat. It's really hard to go back and add an easement after a lot is sold. Linda i From: Doug Talbot [mailto:dougtalbot@landdevelopmentspecialists.com] Sent:Thursday, October 20, 2016 4:07 PM To: Lewis,Linda <Iinda.Iewis@'ncdenr.gov> Cc: Chris Stanley<chrisftstbourke.com> Subject: Re: San Rio Transfers Linda, In reviewing your inspection report I will address each item. San Rio was purchased from bankruptcy and is not currently active. There are no completed homes in the community and the entrance road is gated and locked. There is no intention to develop the property at this time. 1. The original design engineer is no longer available to certify the BMP's. Owner will contract with a new engineer to certify the BMP's when owner proceeds with development. 2. Attached please find a copy of the recorded deed restrictions. 3. There are no completed structures at this time. 4. The infrastructure construction is not complete and is still under construction. There are currently no maintenance issues. 5. We are currently addressing ownership changes 6. This task will be performed by the new project engineer when development begins. Thank you, Doug Douglass S. Talbot Land Development Specialists,Inc. P. O. Box 4937 Pinehurst,NC 28374 910-639-3218 From: Linda Lewis<Iinda.lewis@ncdenr.gov> Date:Thursday, October 20, 2016 at 2:41 PM To: Doug Talbot<dougtalbot@landdevelopmentspecialists.com> Subject: RE: San Rio Transfers Thanks, but I can't open a zipped file. Can you sent them in pdf format? Linda From: Doug Talbot [mailto:dougtalbot@landdevelopmentspecialists.com] Sent:Thursday, October 20, 2016 1:26 PM To: Lewis,Linda <linda.lewis@ncdenr.Rov> Cc: Chris Stanley<chris@stbourke.com>; Gary Lattie<garv@landdevelopmentspecialists.com> Subject: Re: San Rio Transfers Linda, 2 The attached file contains the San Rio recorded plats. Please forward a copy of the April 2016 report you reference below. Thank you, Doug Douglass S. Talbot Land Development Specialists, Inc. P. O. Box 4937 Pinehurst,NC 28374 910-639-3218 From: Linda Lewis<linda.lewis@ncdenr.gov> Date:Tuesday, October 11, 2016 at 10:23 AM To: Doug Talbot<dougtalbot@landdevelopmertspecialsts.com> Subject: FW:San Rio Transfers Mr. Talbot: As a last check before actually drafting the transfers, I looked over the original inspection report from April 2016, and it appears that Stars & Stripes 21, LLC will end up having to address the deficiencies after the permit is transferred. One item however that must be provided before we can transfer the permits is a copy of the recorded plat. Since lots have been sold, it is imperative that we know if the public right-of-way, common areas and the necessary drainage and access easements have been recorded in the locations as per the approved plans. Thank you. From: Lewis,Linda Sent:Tuesday, October 11, 2016 9:59 AM To: 'Doug Talbot'<dougtalbot@landdevelopmentspecialists.com> Subject:San Rio Transfers Mr. Talbot: One last issue I hope. I need you to provide to me paperwork from the Delaware Secretary of State confirming that DSSII Holding Co., LLC is a current and active corporation in Delaware and that Mr. Costa Alexiou is listed as a manager. If Delaware requires annual reports to be filed, a copy of the latest annual report with Mr. Alexiou listed as a manger would be fine. Otherwise, you may need to get the SOS to sign a form regarding the status of the LLC in Delaware and who the managers are. Thank you. Linda Lewis, E.I. Environmental Engineer III 3 Division of Energy, Minerdl and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisancdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28403 11W. Nothing Compares Ernaii this addreEs :-iect:to the ikiorth CCii ciloa Fxc.c.h-Lis may bt.E. Jo ft;..';'d parties. 4 Corporations Division Page 1 of 1 North Carolina r f;jt,. Elai e a E PAR` 'J VJ E T OF TH E SecretaryE RETARY of JTA E n�a ,` .• x' PO Box 29522 Ralejh,NC 27526-0622 (919)907-2)C0 Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre-Populated Annual Report form Corporate Names Legal: Stars&Stripes 21, LLC Limited Liability Company Information Sosld: 1405059 Status: Current-Active Annual Report Status: Current Citizenship: Foreign Date Formed: 10/7/2014 Fiscal Month: December State of Incorporation: DE Registered Agent: eResidentAgent, Inc. Corporate Addresses Mailing: 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306-2016 Principal Office: 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306-2016 Reg Office: 120 Penmarc Drive,Suite 118 Raleigh, NC 27603-2400 Reg Mailing: 120 Penmarc Drive,Suite 118 Raleigh, NC 27603-2400 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: DSSII Holding Co, LLC 1123 Zonolite Road NE,Suite 30 Atlanta GA 30306 https://www.sosnc.gov/Search/profcorp/10638004 10/11/2016 .j LIMITED LIABILITY COMPANY ANNUAL REPORT . NAME OF LIMITED LIABILITY COMPANY: Stars &Stripes 21, LLC Filing Office Use Only SECRETARY OF STATE ID NUMBER: 1405059 STATE OF FORMATION: DE E-Filed Annual Report 1405059 REPORT FOR THE YEAR: 2016 CA201607502287 3/15/2016 02:56 'SECTION A: REGISTERED AGENT'S INFORMATION I I Changes 1. NAME OF REGISTERED AGENT: eResidentAgent, Inc. 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS 120 Penmarc Drive, Suite 118 120 Penmarc Drive, Suite 118 Raleigh, NC 27603-2400 Wake County Raleigh, NC 27603-2400 SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Real Estate Ownership 2.PRINCIPAL OFFICE PHONE NUMBER: (828)769-2010 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS 1123 Zonolite Road NE, Suite 30 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306-2016 Atlanta, GA 30306-2016 SECTION C:COMPANY OFFICIALS(Enter additional Company Officials in Section E.) NAME: DSSII Holding Co, LLC NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. DSSII Holding Co, LLC, by Ashley Berg -Authorized Pi 3/15/2016 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. DSSII Holding Co, LLC, by Ashley Berg-Authorized Pi Manager Print or Type Name of Company Official Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO:Secretary of State, Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0525 Lewis,Linda From: Lewis,Linda Sent: Thursday, October 06, 2016 12:31 PM To: 'Doug Talbot' rc: Scott, Georgette Subject: FW: Updated Ownership Transfer forms-San Rio SW8 070202 adn SW8 070834 Mr. Talbot: I received the signed permit transfer forms on August 26, 2016, but it is not clear who is going to be the permittee for which permit. You've listed both permit numbers on the one form, and there are several proposed permittee entities listed on the one form.Which permit will go to which entity? Perhaps you should have submitted 2 forms, one for SW8 070202 listing the one entity that is the proposed permittee for that permit and one for SW8 070834, listing the one entity that will be the proposed permittee for that permit. Linda From: Lewis,Linda Sent: Monday,August 29, 2016 4:34 PM To: 'Doug Talbot'<dougtalbot@landdevelopmentspecialists.com> Subject: RE: Updated Ownership Transfer forms-San Rio&Goose Marsh I saw the forms and I will certainly make time to look them over soon. If I have any concerns, I will get back with you. Linda From: Doug Talbot [mailto:dougtalbot@Ianddevelopmentspecialists.com] Sent: Monday,August 29, 2016 4:32 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: Updated Ownership Transfer forms-San Rio&Goose Marsh Linda, I dropped off updated cover pages for San Rio and Goose Marsh last week. I was hoping to visit with you but you were on vacation. Sorry I missed you and I hope you were having fun. Let me know if you are ok with the new forms. Thank you and have a great week! Doug Douglass S. Talbot 1 Land Devel;iptent Specialists, Inc. P. O. Box 4937 Pinehurst, NC 28374 910-639-3218 2 20/60 6? '(7 67°Z°Z Lewis,Linda From: Lewis,Linda Sent: Wednesday,August 03, 2016 5:39 PM To: Doug Talbot; 'Chris Stanley' Cc: Scott, Georgette Subject: FW: Permit Transfers for SW8 070834 and SW8 070202 San Rio Also, in addition to the comments below, please note that the most recent NC SOS filings for both Stars & Stripes 21 and 3N, LLC name DSSII Holding Co, LLC as their manager. Unfortunately, DSSII Holding Co. LLC is not listed with the NC SOS. Was that LLC formed in another state? If so, please provide that information. The transfer form lists Drapac Investments, LLC as the manager of both Stars & Stripes 21 and 3N. The permits cannot be transferred to Stars & Stripes until Drapac Investments, LLC is the named manager of these LLC's with the NC SOS. Linda From: Lewis,Linda Sent:Wednesday, August 03,2016 5:26 PM To: 'Chris Stanley' <Chris@drapacgroup.com>; Doug Talbot<dougtalbot@landdevelopmentspecialists.com> Cc:Scott, Georgette<georgette.scott@ncdenr.gov> Subject: Permit Transfers for SW8 070834 and SW8 070202 San Rio Mr. Talbot: I'm reviewing the requested permit transfers received on June 1, 2016 and cannot decipher the name of the person who signed the transfer documents. The form only lists the name of the LLC (Stars & Stripes) and it's manager, Darpac Investments, LLC, but does not provide an actual name of the person who signed. The notary's handwriting is not clear, either. The name looks like Costa Alexiou, but before I write up the transfer with this name, I would like confirmation of spelling and whether this is a man or a woman? Thank you. Linda Lewis, E.I. Environmental Engineer Ill 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 1 Scott, Georgette From: Scott, Georgette Sent: Tuesday, June 07, 2016 4:04 PM To: 'Jay Houston' Cc: Lewis,Linda Subject: RE: Shallotte Conservation Easement(San Rio) Jay, If it is 1/2mile and draining to SA then 25%if mile and not draining to than 30%. If you have any more questions Linda will answer. She will be working the transfers and mods on the San Rio project. Georgette From:Scott, Georgette Sent:Tuesday,June 07, 2016 1:44 PM To:'Jay Houston'<jayhouston@atmc.net> Subject: RE:Shallotte Conservation Easement(San Rio) It will be new. It should probably be the same as the original. I will have to look at the permit again to see what the%was. From:Jay Houston [mailto:Iavhouston@atmc.net) Sent:Tuesday,June 07, 2016 12:12 PM To:Scott, Georgette<georgette.scott@ncdenr.gov> Cc:Jay Houston<iavhouston@atmc.net> Subject: Re:Shallotte Conservation Easement(San Rio) Hi Georgette - I've got some questions for you. On the application is this considered a "new"project even though it has been permitted before? And since it has been permitted before, is it a "modification" but just will have a new permit number? Since it has been permitted before and this section is "low density", is the 30% impervious coverage in effect(I think this is what you said when we met but I want to confirm) or is it 24%? Thanks! Jay On Jun 6, 2016, at 1:25 PM, Scott, Georgette wrote: Thank you for the update. Georgette From:Jay Houston [mailto:javhouston@atmc.net1 Sent: Monday,June 06, 2016 1:12 PM To:Scott,Georgette<georgette.scott@ncdenr.gov> Cc: Lewis,Linda <Iinda.iewis@ncdenr.gov>;Woody Parrish<woody@ parrishom.com>;Jay Houston <iavhouston.@atmc.net> Subject: Re:Shallotte Conservation Easement(San Rio) Hi Georgette - The owner authorized me to obtain the permit soon after he received your letter. We are working on it. I came into your office the middle of last month and did a detailed file i Scott, Georgette From: Jay Houston <jayhouston@atmc.net> Sent: Monday, June 06, 2016 1:12 PM To: Scott, Georgette Cc: Lewis,Linda; Woody Parrish; Jay Houston Subject: Re: Shallotte Conservation Easement(San Rio) Hi Georgette - The owner authorized me to obtain the permit soon after he received your letter. We are working on it. I came into your office the middle of last month and did a detailed file review and obtained copies of the existing plans and other documents. We are working on the base map by extracting the.data from the original plans since there was no digital information available. We are performing the calculations necessary to insert the data into the stormwater application form you require for all projects. It takes a little time to do perform these operations and to get them scheduled. I anticipate that we can make a submittal in two to three weeks from now since the owner lives in Virginia and we will have to mail the applications back and forth for his signature once we have the application and supplementary documents ready. Jay On Jun 6, 2016, at 11:51 AM, Scott, Georgette wrote: Jay, I have not heard anything from you or your client about permitting this site. It appears that the other owners of the property are going to take the current permits for their site. That means your client will have to get a new low density for his property. Please let me know when we can expect the application. Georgette From:Jay Houston [mailto:jayhouston@atmc.net] Sent:Thursday, May 05, 2016 11:11 AM To:Scott, Georgette<georgette.scott@ncdenr.gov> Cc:Jay Houston<jayhouston@atmc.net> Subject: Re: Shallotte Conservation Easement(San Rio) OK, thanks! On May 5, 2016, at 11:05 AM, Scott, Georgette wrote: Yes. See you then. From:Jay Houston [mailto:jayhouston@atmc.net] Sent:Thursday, May 05, 2016 10:46 AM To:Scott, Georgette<georgette.scott@ncdenr.gov> 1 Cc:Jay Houston<javhouston@atmc.net> Subject: Re:Shallotte Conservation Easement(San Rio) Yes, I would like to see you today at 2:30. Are we confirmed? On May 5, 2016, at 9:12 AM, Scott, Georgette wrote: I was proposing next week since both today and Friday I am pretty full. However it looks like the meeting at 230 this afternoon is cancelled so we can meet than if you want to come in today. Georgette From:Jay Houston [mailto:jayhouston@atmc.netl Sent:Wednesday, May 04, 2016 5:19 PM To:Scott, Georgette<georgette.scott@ncdenr.gov> Cc:Jay Houston<javhouston@atmc.net> Subject: Re: Shallotte Conservation Easement(San Rio) Hi Georgette - Are you saying you can meet tomorrow or Friday at 12:30? I would like to meet as soon as possible so I can advise the client and I want to make sure I understand how this will work. Thanks! Jay On May 4, 2016, at 5:08 PM, Scott, Georgette wrote: Jay, I can meet with you on this if you need to. Tomorrow and Friday I have several meetings starting around 10. But I could meet with you next week. 12:30. Basically this area needs to be split from the original permit into it's own LD permit. There is BUA on this site next to the road which was used as an office for selling lots. Let me know when you want to meet. Georgette From: Lewis,Linda Sent:Wednesday, May 04, 2016 2:30 PM 2 To:Jay Houston<layhouston@atmc.net> Cc:Scott, Georgette<georgette.scott@ncdenr.gov> Subject: RE:Shallotte Conservation Easement(San Rio) Jay-there's not going to be a lot to discuss. His 224 acres of mostly wetlands is currently under the San Rio permit and since San Rio has been split up and put under different ownership, we believe he needs his own permit. Unfortunately, I'm up to my ears in reviews and transfers, and I don't have any time to meet until after Memorial Day. If we can't resolve your questions via email, I'm afraid a meeting with me will have to wait until the first week in June. Georgette may have more time to meet than I do. If it's just application questions, or rules questions, any of the other reviewers might be available sooner. Thanks, Linda From:Jay Houston jmailto:iayhouston@atmc.net1 Sent:Wednesday, May 04, 2016 12:55 PM To: Lewis,Linda<Iinda.lewis@ncdenr.gov> Cc:Jay Houston<iayhouston@atmc.net>;woody <woody@parrishpm.com> Subject:Shallotte Conservation Easement(San Rio) Hi Linda! Hope you're well. I have been retained by Mr. Woody Parrish to resolve the stormwater issue with the subject project. I would like to meet with you in Wilmington as soon as possible to discuss this situation. Thanks! Jay Jay R. Houston, P.E. Houston and Associates, P.A. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 Office: (910)754-6324 Mobile: (910)200-0200 jayhoustonaatmc.net 3 This e-mail may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me(by return e-mail or otherwise)immediately. Jay R. Houston, P.E. Houston and Associates, P.A. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 Office: (910)754-6324 Mobile: (910)200-0200 javhou stone.atmc.net This e-mail may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me(by return e-mail or otherwise)immediately. Jay R. Houston, P.E. Houston and Associates, P.A. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 Office: (910)754-6324 Mobile: (910)200-0200 jayhouston@atmc.net This e-mail may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me(by return e-mail or otherwise) immediately. Jay R. Houston, N.E. Houston and Associates, P.A. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 4 Office: (910)754-6324 Mobile: (910)200-0200 iayhoustonaatmc.net This e-mail may be privileged and/or confidential,end the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized. If you received this e-mail in error, please advise me(by return e-mail or otherwise) immediately. Jay R. Houston, P.E. Houston and Associates, P.A. Consulting Engineers Post Office Box 627 117 Pine Street Shallotte, North Carolina 28459 Office: (910)754-6324 Mobile: (910)200-0200 jayhoustonaatmc.net This e-mail may be privileged and/or confidential,and the sender does not waive any related rights and obligations. Any distribution, use or copying of this e-mail or the information it contains by other than an intended recipient is unauthorized If you received this e-mail in error, please advise me(by return e-mail or otherwise) immediately. 5 , 1: 4P Q iii IIP OJ O.iM 1li (ray fBOVN HI OM D ON $ ik s� / , A / ,, A / / t Q 0� 11 MI 008 �S / / .4 1 ~'trm ' ... o.,.76, / g ) :-• ....." -7 m / COO a.On M 1 / / — I'"' // 0, rg © 0 / N LAJ a // i I —y v'Ci + < � � Lo Ncva ti © FO k.1 / Z© p= 4 i / / 111 Q in / i `11 V) / /4._.., I 1 I / r <} yy xSi .\ N 7 IA / \ , Olen / \\ �o \ \ ^ y�� z / \ \ \ N ## u / \ H \ V J B \ I 2 / Ir.gayy \\ `c \\ < 11 s 333eilj z� t �i yr, < 0 Y is `- - k/ .R [Iii1 �. C z " i � II YYY �g � 01 a 4 + :3 f • a di 'ski �� i • iliii Li . t 1 a :: �1ss : =s onaaoec r 0005-79S (6T6) OOOS-£94 (L5L)# 3NOHd S001,-60LL2 dIZ 5006T X011'0'd w ZS6£Z YINIOaIA 'O DNI)VIN10211A • 3 ON 'AM a'1 NYIN,1 HOHYaSaa r-� c OZZ 311f1S'3ARI0'ON011A NDirb VS � �s. F 4 N "Oil '311011YH5 Di 213lONVS g LL N SHoxadaRS/SaaNNY'Id/SaaaN1'JNa O d pq ✓l�l `�1�VQ11OD - ! A a Ea YNIIONYO NLNON'A1N0oO NOVASNONB'dINSNM01 A1103 OOOMNOOI °j s rc II m SJ'IVQVON-Z1 NHOf HILL I 1 LI A o f Old NOi1tOi050 AU-AO-19O1l3 J - � sNOISIxall a ,I,O'I J,I�iaI'Qa'Ia AIOI'1tNT00 — ON 1QVS a z Igi T ,I S r P-mr at dad Wi iKo <amo -N � 9 w a e @ • tiP � !>:0€ m 'EI2E €om It; } Pa Q 22Eiti iWN�zt"p WW CcZ 4 \ -.mw7 ppp ,w g !: 1 b w- < lg 1 Yg]i § / / � zmN / slii E 1ml 'm / = /j r w / 14 s. afs 3 go9 r` 9 wry§^_" �• AO•rfpit! i m GgQ a� w oo7 td. / g3BG "tP o n p�4 goa `' ~m :e. � >a s ` ��. Z d d .fi e, n \ 4r1-,,, qi ` nm wNy 1��?' \ 6 4.0 5 o# 0 \ gd i s� �` o Z .f o' T d " s X g1 it \'ig GM' kz cg ms- r1S .Wag '�'�.�'F'At ry omw �So Szw ! '3.94.9f.10 N" 3 .4.•4 0 =I N g0 S1 sr.4 **W*., 41444 . -. f.... -i IN.,-", --) =----,, .11 as z'Ngsz/4! zpmR s �' • � Pi 1m1 , li �gEz $€IMO a F3�W Ig m5 Q 2,5g m.€� �IS O lira. 14.6 5. , il ▪a..50i e zXo . � 4461 MI a EQ< 0 7 r .." , , 1 z m' E.� gaB hi wpI om�aa Ifli s<a` a � 4, Xa m ==Z °e�c'�iWam 6�g� �w =m6F 9, i 0 i aa I.a S6iei¢ ,zpp, z$Syz � zipI--II GRAY BRIDGE �.` (� 1S� a' Olt aW2�VgW <� 3�. =�mo �� g_4 �� n€K d z saNw `bF 1 W irk widm b! o jWz� `` ¢¢ !9 m Z m =mN. ` IA6. / 1At 06 (� LLn s�Bgn rW¢4 � t Wp2<F � uuZtt� �• • d5m �i=o4ixW" aa" low 6 , P. a maid ¢ pow �<m�em3 753< le m N .. ai k� J Cti ittti) lib albff'?93 d (}Ovil Map Cabs hct 40 Pa3 e 28 ( -I(-01 121°2 . r F. iningO n a r T Y N 2 �F yF NA a'+dq�F Lm�a =u �a v..$'-"1"D NC GRID NORTH NAD 83 (2001ADJ) s s ="� 9 i= xx3As hh � a !ps i _ 5Qi� i sO p! y #gi - z g ® ± =mAo j 'g � 1 .� m<� �,•,"•ia.w.., NOTE.'NGVD 88 /fri R = s Rlif o (�4 vi IAII=$I I L' s I NqTo 6f ' 11 /--r-- "oNsp ',. a S$ 2 gi Ili ! 5 $; °w V"' g ii N . % t$ a1. F g . , c, 0 p i ` m tk. 41,4„-- .0 't. .g; !!: qi( P J 2lx a�o 11 2gA 1.V. fi X' PO ,6 o olv co- 10 to 411 AR 1,1 1 z o Es ' Aso ..., , 0 ,_, , .,...„ 9 : Alpi, drillpcalrrtp oils /it \ .... ,_ _. Z d D i_ , 'i A� 'A3 \ l I9 i� 41 1 Illy;III 1 mg c a r•41/1 LI' r* y w wC°1 z = '7 "' y•as sxna ; !oa O \V SSA � s ;z '- mm P„ • 'gF o n -09 z 2 � � @ ^ _As74 iT > --9- ,.. V4L\11111, i 2 s IRO n: N/XJ Om { dx-q FI 10 -fr" r- ",.' 11 5 Z 41111fif. \ i S ligLiinig if, O O a#° '411,O ° g �Ra911 s� D yr03 1 m Z Z Z r ` eiPliiilleal = $ q > 4 f2„ r- 0 : 04/4110111;41/4*" , ,431,,, >M — ,dtk oa K.—Cl 2m 4tfr 111V ey+ _ m? r I- 1 --..y.,, _—_--______ Hai' A Rr�r�i. R r 0. ti PE3t z • IP 6, i �_�. . 9;pp 1.....3i5 mz ii, r it I _ S "Ell W rA P 9P'= 8 a �Z :;/' -1 N r ' d'W' w 9$z % Yp f/ xg $$� o ea S€ s aeHRF 5+yass� N okN " 7 y = 7! ilriaagl. R '"yam i i P I x� x s :I 0 ter! ' A 1 ill r7'. ., ..5 /.X.P I lag 1 II -1 4 P:111 PrlillPih02411r 8.03 ' '., !IN 1; 10 / ihrl 14 11 milli°TT il vl •- -• lo,' m ;F 5 1. :9s .,� gi 1 IN g� �'g . P j ai Q? y�Q a I%� 'n 0 : P lcili g 2 d1: _? f 19Air °1 ""gym iD Oh-.• FF rqgg� a tlB A'•irJ qj i.q EN pp 6 4 '0 '1 'l '311011VHS IV 2131ONVS :83NMO .w ®.3L•o�.,v3 VN(1021V0 H12JON JO 31V15 x� .....D' 4L VIIVWJW0111 NNW 4y VIMONYI9 air Jl11WV3 310NIS 3N0 3SVHd NOIMSNn21e — AINno3 awt Via.. YxIlOYYO nuw11'41t 1./GBI .Hall. 19.1 en-0 213AI21 )9 NV300 OI t NYS ba YL9a.4a. S AIIOJ OOOMNOOI — dIHSNM01 4m°nv :NW 1Vld IVNIJ .stet 30N6i staunws. LOOZ '6L H08VII :31V0 ANVe11100 3301A2139 g J O Z LOOZ `L I. AV W:03SIA321 �r�ry/Y� (18WI 9VNOISSRAOHd V LOOZ `9 3Nnf:03SIA38 ] S31PIO S na4[8 rw NMY xd4aaawuaw4xa OId1r0Tad :11010..14 eSf :A8 NMV210 I OM0'3NO3SVHd\6S09\:Z :3-IJ S320V 8l£ JL)NouvNrl3n g— , ..LA 'OS b'0Z9`8£1. ,' 50vaLl*tot 10V2LL iV0183WW00 ; .r, rc (d9,1)NOLLYNI130 ▪ c ,� C ...co...coecc,. l.� SONYl13M 404 A \ y, L `� _o 4? 4 f6 � �i a m i -'-.___: 9L'9!: A.arc � C�" ,q"�.•�s .y, • s` r /'� SlS. n v 1 uu.aLa•u x I. ` ...[`` t• .°,4,'.. > - , +P�dd", ` •.u.b`\ 4. 1 • F` `>. 9 , cox+•taro '. `,i . , OJ ,''0`9 z` 1 v. 6'? ✓fit 4.14abij `` ="£s 1 b'b awb , .er' M wa•t „I \ 9 .\0 �� ;,`. V '.''L 9£ 9 i"" `�` v 3w•411i1 (d.l)NOLLYNm0 y .{��.40,,i1. a 'PoS a', .� yyy " p SONY113N 404 �," 'I" ▪ .i; \ !O m`. 0 t' *•.`et ,. [ts.,its.,_.. 4d i�L£ t v , �` N.oz4. Z4 'i R 8 w .ZO'41f M.£9.6468 N. ; g3 4 41.'� lya.wrt \ H �y �Y�'1fpf ``J- "__'``_pgA, a, -x • Fi YY I S;. .SO'Zv zing solo' ;Dig! •B 11' \\ ,,,T y'b°LLb1 t�ph y+ --, " ` ",',8,'a �'4�.' %`at s�``..,—! g _ , --1 I , \ "�?c ri za1 a' 6 rb v'b O;r:I v / v, 4 4 . , x� 'S� • \ ,.. r v e."' "+l ;N`.'"J' W 'Y'b YZi'E1 i ,� '. '; £i l 7C�f• \ -,,: 1 0L '•,? 1 9£ i vs.,,,, s e 9tl S•L..atral , y 'arm I q 0g Lot 1 i ?" _"v4.:. ^ '''� -'Sii1J raf:BF9 �{£4___,,'�' vi.4E55t � \ aea.N3 :g4Ge: .9.i ! ' 9Y L ' ., `. 44l , ^�4. \ " 'I bcaau -&�'. vs sat Es I W '�^ i # +/ �,\' a �' \\ y+\ LL J vat S4 J O §o ern----J --- g `:1' ✓ey 0c) 0� \ __6t-M1----' 1 rlk.fhB496 \ `tea{,''\.\ U ,BZYB COM -- .•jr...-,'"',, / 3-a.seaese 4--1 , „bars -' '5--* \'S eiVav I " 3.0Z,L4.09 N 4a10 ic 41 8��1 ?toe ,\v a.a \ 1d ve.ccra 0,' c, va.tat i tan m M/N .OS d001 ,y3W to `. ,g s \\\ � \ t e+ � 94 #.;I [ cl r$ ya? M.oz0..Lt 2 S B[Zo b�[ J t4��`..' d' „s „. 6 N. m. >-- 1,139 r� ru\ "i1 ``- 59tr*'.\ FF '�\..r▪ �`, �Hrt a: W I.u'w r44'v r.__ Ma ion Ait„, \ v9•usb . 2 4:ve.4uv -n 7, i'`�we.ne.+t 4oa•u 2 \\\ '7``', ..,, : :p r 94 ,�o o L_ w OS y Cu.ewe [4, N �' "�,la I.' \ % "„ \ r,Ly �,'•L�''v"' : °90`.. M.o0.4t.eos = N�4411 Zcza 1£� .�'T` d'7' ``. .� „ M Yf `✓ \ c\7 i.ua'4 '6 '�y4+'a't f�``..l L[o�.e4'40 oi' 16'•,�d�"b u'e.s �`,„ vac art,., VO . / \\ .``` 4L..60 ,P'`, '. `` r 21,F 'wa't 9v4. v4. 2`��`�'C r :ti,{ yc. \ •'^•o$\ ,.{b ` 'fY O£ 't? 4 aab $ b a''1 �r,�Q66i-` /da ' `,+. .,,,, S ' µl \ '� 2 ` ' �'e 6Z w 9Z I tt e ° LZ d va a1a c Ax' ,gyp 12Nb\L, \`,-Q '% "'.d3"ya.us. ``> ,9 4 aZ > t{� '41 va zn'u`\ .1NYL5 J• ` \ .` SL :o�r'3n, • "[ _-___� 1 L 6^ \ £9 ` o ^a i9Yf l 1 \• .,. ,&�da coo ea c. 4a� '/ da d `\ 'off,,\ cA 41 ae . S5 0 00 A be � 135 j[ 11 \ 4 •N 4' n4b`,'i 4 _ a3F 181� az� M/� .0 v' �t04`asr'' "; $ ~ z ' /'` 1 �'•s,`'2' `✓,4 L L w ```" -- 0n N �. .u.b w1t1`�'\ G 1-- li 5'` 458L y .• z r/ 1 11 L[�``r��'L,S• ffib'b ram' vats v4lZ ', rf 9 a ` ,M' �•Ly� Imo__- �,� 09=9.9 I 1 1 #' 6l ,-w oZ R' '� l.> &, ub net, 11 r_3_ 4, 1 1 i ••,1,`,� 1 t --1 4Z ; a�.1 ... w w w I I 3` 96•95 J .Hl'L9 L L£fi9N --M--ii9£3 N--� L--_ I I �/ .' .y,uxm n -}:£a;9kt9 s--, ial I I 00 v £z ND.Well ,, I I ?10, 95 1 b I I d ati +aa V, I I �� - 'p ' ,' N. v . i'`y'a4--4�t I I `0 Nouvringa a C v.•1ar41 '/ %ve.torsi •. • 4�° z z I I (au.) sa)Nvu3x 404 ZZ "'i` LS B ` ,z,,,/ z a I I ' y �`\ a Bca°m`pays`' '�/'� t L7 z I I 6• ` '0 :"at�:�, ^ \ o I 1 4:ua aw'u y x y, p yi 4���, ao i 1 1 cs \ 65 '.i`` ° " _• `. co z 11 I ✓fib )y 9•�• 0 k �'. Dv I u``, 'tin Op�yr�8 ```` aa ` � C` lt I I.u•bS6L0'8££ f6" m;i N3W313 NOWW00 *A, *▪ bt. 9 s, a \ ` v . 09 y4 .a korr" ) c' 'cS �'a4 _ Y,419 n . A °'tj M"J! a Liiiiiiiuiniiiuiui i1liiuiili m {.... 11; lits!ill .8; • ---" iw m 8 `+ e �i \ I ,P t J it >`'```��P •y :O I la, it 11, 91i , 0, \ $ m I (1 ,, # r ' t. m O (,1ce, i ¢ s Q - ;Sr ' I m I Ni pg U▪ l NC GRID NORTH NAD 83 (2001ADJ) ) 9 -gM " T "P/C, Gp� -%'R NOTE: NGVD B8 / A ice ;n ▪ ;- 4,4-N'-.74.%. '--- ' r Sp _'- n V. 1 • 1-esaver=w-- Y W a __ �`-----r D - a --II , n / ./ >N - \n �'- - l \v • r r ,l \ / r �+1• `,._..______peek--_____� V y ec 1 yg - _ _-4-0......4 C AIL ' s mc* i NO L0 Lee .4l l� 1 �, r F 9ti <� 5_ Lee yB1 _V'' , , SO tI y f ' ,• '„ , l : i , � - La _ , 6a y \ P♦ n4. K T lo '•- • f, da ` <> • + 0 . /y` Q , 5 „ 0� / r $ IF1 144 D Y i IH v a ` � ' • i ' \''e�`�. -'6 c131 C1. n <, m " AA - A ON2,141 el. `` • .A' i i t 1 ''6 ` \ 8 S r . .' i%- 4. A ,l *-A" y 1 a+ I k e• g4 r,arL 9 N ,�,•' = s(T ,�. .\ s V _> " , 8"a\ A N 1aa: a0.t r wY%4. p S. %`_.3-A.g1I '' ,$'" * 8' ?_' •V � �"`s_J g 119° g N ai r. N,ea. \`b,."` p- 0\ ' 'o S 'f'q. `rM' T'"- - �, ' N JJ /' y %o _ a/'A 'T �' f „or w \ r -\ VO c, ',.,. _x�4 M \".g a-_ 1 .La'fa---' `V< �e r o g ` J 4.. �19,\ ..� s i _ \I uL'> ,� M ...ION y �'''i 4n`, - ' i eV E� b IA "�,r'Y.\\ %!' a`L%.3tf3 Nds` M/21,Oti 3AO0 S'Nldldd0 ' « P.A4 'A \ ''•I mn C,3e Kl- LS N 4 J M.L1.L2.L0 M `• i - 'eF_ _ • sd. $ ;` .►` "' - B�: &9E _ 'l r-I1r: \,a ♦is c� `` 447,- ,..- . •"°34 t ; 1 t a t \ ; 4" ' -" 'P ) `1'/, .Otll e[ll A. Is J R , i may' i T . , �" ,,_4 _ _ -`-' --_-cep``>� �J� , 7 _ Cl R ? .Le"eL� N .b�N -,_ �EMX -",`py 4y E. F' b;9 ,�(�` \ aV'`�,,t:''',, •IP ry N-4E°14�A'N, , A' ` ,yN' ` p- N Ti *_"\'4a ,32),7�, `< a s - #,,-„,,� iS 1p I."'A A a ; M w9°:e`-.4 JILI ,P'g' i 1' /'\ ;:cfg yY�N `' ' • a `\ yy r !m • '� I(y 45 'D .• .� a \,b c5`p.'�'"`.,\ ,It' 1_"\`>'t' „.. LOLO =a r,� ,, g m i. .^,,.� '9'.• ``'v `;'may !.er. ` --'� -`-r ' a �'\ ! F / A • T+ y '. .`, tP` ,3 'e- c,se - $ t A. I Pt -{p f / ,-.. 9c.�O-w <•+ P .•,,�4 (.. 6y,; m <2o . ? �.4• EA'` n 7? p ,, T s8 is / o• l. .0,0 L� C� —1 v gt s. ) A w t." fi- _ Grua -,".. A 'f.'e' ,'' ,O:4• '' s e .r n / ,a a )0 •- KL. �`. r g 8 e' _ .°ac,'e``J U k< li g Ir ,,, 0^,°j$'0. .p Le 0 r*, v 114144e4 '0 1 '1 '311011VHS lV d310NVS :213NM0 VNnaavo I-1L 1ON JO 31V1S moo.w ""+O' 94 I 1I LNr 616•a116 9 1111 9 ler a33MSNnaa - AlNno3 ,_,,, ,.,., Al#NV`0� 3l NtS 3NQ 3SdHd �a ..4041.1..16. l "N 8l1D t3AtW! V NV330 018 NYS aod IVid 1VNIJ A1104 000.01001— dIHSM01 _Elan l LoOZ '61 Hoavw :31va AW OD sniteas TAi01S93i0Ve l V Looz 'LI AVrv:035A3 .0. ,,,,,, ,,,,,,,, ] a p6t1='6.W1A W306 ( 0 f^— Ns"lif 95f :AB NMtl2i0 1OM0'3NO3SVHd\6S09\Z '311J r.. •', y ' // f�"', � 79 w-YWT 1 /•!` C, 4, 01 I Z LL 3V 2 \g5 a 1 0 • o/00 �' w .\N 961_ -C. O67 \ N / 11' \s£fuz ' ' A \ D �•\ 1 Ps vb,..•rt f 9 F m zLI3 ..i...i.6 y 6r a i n a64-.6661111 • 1 , , idtv,,jr"--`- ',‘-f: a,.,i. _ _ _tcL I G \ W raNnpO°sieuacrvxw a n ./ .3 �' t'-_.9k99f-_• I mou sa.oot a Yb aru I n - --Ll _, . .0.,..... .,..„.. ,.., 4:.... \J'.� Oil 1A e,'vb�. �0.`• ' 1a.P7• �' -vi.aaYA �ry1 y �` /. 9£L s' `j '"• n a ••.. - 4 \ %4',by1ro.`3ra��. /'Vg. M_6cf�aaS �`� S d-�V�yy ! L£L `-. \ " > $< +.•& .,b9 >J �O `' `,-_--ytV9fF-4-! � 10°"5 otau 1 47 Y4s ve.arzt `>v d R o^' c vb m a4 o£t -a t va.Kr. P� N'.b x; .l so 18noo ,%' , , Oirl i/ \.0. �+>+" add;. ^� -&e•s.L1,! \ `. \%'a '6 t i 1 ( r 't �"'R r1- .enw r...m avan ''yb rooa. �> 9y� Sd '\ \' .` + 9Z l --1 L 3a ' q ` LPL d: ',% \ '$ �. I • \\ Yb gee T a.o1vtt tK` 1 41, y1 i %"..e.`♦s A 4' ,./ ``` ``�. w'c a `o. bZ l , i,v al. \�`. �. \ (du60Nu�L3eV �44�* fl'i •g^ �i �� `t.6♦ a f... al `.� _.- ,,,z, ,` t 5 pi�41' .,t tye.ow%o ,-4• IN P (' ` vb Ns'e • \ .Y. ..�' }L ,W.L6W a `ty• fftl'1 } v1C '9, * N,$. ZPL d ON-17L. co \`. .- ZZl \ :, d- 3 ,,." -\:13 d,. >by ,c,` '� ' at ba. \ + 4'9 "Y''yb®'L \,'F. O' ^``� '.... ve..e.6.\ r\\y, . 111311313 N No roO - NE OF a.y�, ' ` N. 'vb cC[•t°L� 6t,'.0 \L- d, a• \\ %-yy 9 'WT.SO O \\ o� 9bl ^' Pat ,a0 d'i vboNA \y\,..-'6� tti> lSl 1 \\\ q / 3. f `\\1, .'61) f, e---\ ``` • -�, ,',`gdL�S. y Vac --y-'-,:-.:/ ., /$/ , s1 7 bmro.\`�4. �O / 1fr ` 3� �S 1L�01 •d' •" ��.. / ?•1 /' a"t'1 7 /. ' Sal ' �'\� .0 a t'''vb errr -vb Term ♦ J 'Y %' * r'4,^ all •ia 614 , ,1ghq, le..uta ; , i l r. +'4../...% ' Os 49�y `C AI. ty '1. __, Ss♦� %� m 1 Y£0 L a 111 +gyp \��`• 6 (^ t t3 \`\ lex\ ♦^.'' ; -. o ,rn t'..--."- '--- •i- /``11 Ynk`','v SOLv.1, 1"---✓4 \ Cory o ii (' \LlL '' -,• __, i.kg 'tee;;;; �•`,, 11 \ r,� 1k\` Z , ' d '1va.tesw t '. 4,6L, `r' r.`\'\ ``\•eb"e"',\`'',�� l•59`41.0° 9Zt't ' i w 1'�va....., r. COL . 1 1 . i \ ZS %\ 911,/ "•039�' 4) at i,.1' 1t.'T SOL t i 4' ', no..40k n vb wru (' .fr. 4,' .• 1--A40\3 .P' r_ehrt �S, .A 4 I, 9o1) LI 4,0 \ ZOL i 1E N ,0�t , 't SN ....WA- 1� � 601. IL i ;U;6i w �� 2O w 11l ,' �'�'M•M u1 6i +al►oaea„ `twt ata( WI II_N II_IIII i iiiili 111111111111111111111111111111111 k3e54 P1240 F nS,331PR9ar Brunswick County, NC Register of Deeds page 1 of 5 Presenterd� Rs Totals " Rev Int, li la Ck$l&f°o CI(ft i Cash$ Refund: Cnr h$ Finance - ❑Portions of document are i.".otible due to condition of original, 0 Document contains seals verified by original instrument that cannot be reproduced or copied. NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $0 Recording Time,Book and Page: Tax Lot No.: Parcel Identifier Nos.198GA004; 198GA009; 198GA109;198GA11 O; 198GA 111; 198GA092;198GA112 Prepared by and mail after recording to: Brian P.Evans,K&L Gates LLP,Hearst Tower,214 N.Tryon Street,47th Floor,Charlotte,NC 28202. Delinquent taxes,if any,to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief description for the Index: Lots 155, 160, 197,218,219,243 and 256,Phase 3,San Rio Ocean& River Club THIS DEED made this 0263.day of August,2014,by and between: GRANTOR � GRANTEE SANDLER AT SHALLOTTE,L.L.C., REDUS NC LAND,LLC, a Virginia limited liability company a Delaware limited liability company, whore mailing address is: whose mailing address is: 440 VtOcing Drive,Suite 220 301 S.College Street Virginia Beach,VA 23452 MAC D1053-150 Charlotte,NC 28202 Enter in appropriate block for each party:name,address,and,if appropriate,character of entity,e.g.corporation or partnership. The designation Grantor and Grantee,as used herein,shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH,that Grantor,for and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration in hand paid at and before the delivery of these presents,the receipt and sufficiency of which are hereby acknowledged,bas granted,bargained,sold,transferred,conveyed and confirmed and by these presents does grant,bargain,sell,and convey unto the Grantee in fee simple,all that certain tract or CH-3228533 vl 11111111101111111111111111111 B3567 P1241 O n2s 33,PR0i Brunswick County, NC Register of Deeds page Z of 5 parcel of land lying and being in Brunswick County,North Carolina,being more particularly described on Exhibit g(the`Propert")attached hereto and incorporated herein by reference. No portion of the Property herein conveyed includes the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid Property and all privileges and anourtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee,that Grantor has done nothing to title to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,except for the Permitted Exceptions(as hereinafter defined). Title to the Property is subject to the matters set forth on Exhibit"B"attached hereto(the`Permitted Exceptions"). Signature page follows CH-3228533 vl Brunswick l County, � ' NC Register of Deeds page 5I111I IIljl1iIIIIl`1 BBeCda12209201P4R 01 IN WITNESS WHEREOF,Grantor has caused this instrument to be signed in its name and delivered as of the date indicated on the first page of this Deed. GRANTOR: SANDLER SHALLOTTE, L.L.C. By: rr Name- athan D.Benson Ti . Manager STATE OF VIRGINIA COUNTY OF YI,fO�I NAA EQC1l, This the o[innII i'"' ��{ day of August, 2014, personally appeared before me MailballB 4 SDA. , Manager, who being duly sworn and personally known to me or I have seen satisfactory evidence of above named person(s)by state or federal photograph identification( ),says that they are the duly authorized member(s) of said Sandler at Shallotte,L.L.C., and they signed the foregoing instrument on behalf of said company,and they acknowledged the said writing to be the act and deed of said company herein stated. Date: b Official Signature of Notary Public VVl� 1l� L, (Notary's Printed or Typed Name) (Offrc _�'ll"5y� My commission expires: �J4N�31(Pori 'aj ""YYMIV •. ite *la Cot issiOON t*g _ Z Cf• NUMBER 'Z 7298658.S CH-3228533 v1 11111II1111iiIII111111 111R1Ind 111nr 5s7dP123 0 f35g� Exhibit A Description of Property Lying and being in Brunswick County,North Carolina,and being more particularly described as follows: Being all of Lots 155, 160, 197, 218, 219, 243 and 256, Phase 3, San Rio Ocean & River Club as recorded in Map Cabinet 45 at Pages 3-13 and revised in Map Cabinet 72 at Pages 18-21 and Map Cabinet 78 at Pages 20-23 of the Brunswick County Registry. Also see annexation map in favor of the Town of Shallotte recorded in Map Cabinet 46 at Page 19 of the Brunswick County Registry. Parcel#'s 198GA004; 198GA009;198GA109;198GA110; 198GA111;198GA092;198GA112 Deed References: Book 3121, Page 1148; Book 3121, Page 1120; Book 3121, Page 1191; Book 3070,Page 768;Book 3121,Page 1108;Book 3070,Page 754;Book 3121,Page 1169 CH-3228533 vl 09 19-2074 1111111111111111111111111Nr o 61ds page 1! 2114 �5�of5P00 Exhibit B Permitted Exceptions (1) any and all easements,and public and private utility or rights of way of record or otherwise affecting the property; (2) covenants, conditions, and restrictions of record including any amendments, modifications, snd supplements; (2) ad valorem taxes and assessments for the current and subsequent years; (4) and all governmental land use statutes,ordinances, and regulations, including,without limitation,zoning, subdivision,and building regulations. CH-1228533 vl --'--'-- 4'•,E IIIIII IN 11111111 IIIIIIII I{IIIIIIII 83561 P1245 09�2s: 3?Ti, Brunswick County, NC Register of Deeds page 1 of 3 Presenter\l¢' 11 _ 3 Total •°O Rev Int. 4 Ck$ •O° Ckt±`f414-0 Cash$ Refund: Ca:::l$ Finance ❑Portons of das urent ars i:lcy Cie due to condition of original, ❑Document torten seals venlied by original instrument Cr:cannot be reproduced or coped. Drawn by and mail to: Brian P.Evans,Esq. K&L Gates LLP 214 North Tryon Street,47th Floor Charlotte,NC 28202 CONSENT AND RATIFICATION THIS CONSENT AND RATIFICATION (the "Consent") is made this #Phday of August,2014,by SANDLER AT SHALLOTTE,L.L.C.,a Virginia limited liability company. Redus NC Land, LLC, a Delaware limited liability company ("Redus") executed a Nullification of San Rio Phase 3A Plat Recorded in Map Cabinet 72, pages 18-21 (the "Nullification"), which is recorded in Book 3400 at page 1003 of the Brunswick County Registry, and also recorded a plat entitled "San Rio-Phase 3-Recombination, Right-of-Way Abandonment Easement Abandonment Plat"in Map Cabinet 78 at pages 20-23 of the Brunswick County Registry(the"Recombination Plat"). At the time of the execution and recording of both the Nullification and Recombination Plat, Sandler was the owner of fee simple title to those portions of the property affected by the Nullification and Recombination Plat described on Exhibit A attached hereto and incorporated herein by this reference(the"Sandler Lots"). Contemporaneously herewith, Sandler is conveying the Sandler Lots to Redus. In order to assure that the Nullification and Recombination Plat are valid and effective as to all of the property shown thereon,Sandler,at the request of Redus,is executing this Consent. NOW, THEREFORE, Sandler does hereby consent to and ratify both the Nullification and the Recombination Plat with the intention that this Consent have the effect of Sandler having • executed the Nullification and Recombination Plat at the time of the execution and recording thereof by Redus and the other parties thereto. CH-322a965 v2 • 'nI 1 N1 I I I 1 Raj ' 09 19 201A I1II 1111lrunswick lItf1l II1 Iij1«I�IIr of YSrl �ld���'1Ve npf33�01 IN WITNESS WHEREOF,Sandler has executed this Consent as of the day and year first above written. SANDLER AT LOTTE, L.L.C. By: —� Name/Nathan D.Benson Title Manager STATE OF VIRGINIA COUNTY OF \tict%\la �c�. This, It 'ihe c (D6 day of August, 2014, personally appeared before me NQJ-van Stnsan ,Manager, who being duly sworn and personally known to me or I have seen satisfactory evidence of above named person(s) by state or federal photograph identification ( ), says that they are the duly authorized member(s) of said Sandler at Shallotte, L.L.C., and they signed the foregoing instrument on behalf of said company,and they acknowledged the said writing to be the act and deed of said company herein stated./� n�" Date: ►iu 4- J1, b 14 ` (116b.if.a,f0ji,wficial Signature of NotaryPublic g (Notary's Printed or Typed Name) Mycommission expires: 31,c2611 (Officiaj.Sleed�►��.., P •••c .<*ttY Pv ,gyp • � 4IZ �;20 MY ��. COMMISSION a S C NUMBER 7298658 :ig; A . 29-19-2014 11111111111111II1111i1lrlllllllllr Br6zVT.- Brunswick Deeds page 3 of33 01 Exhibit A Description of Property Lying and being in Brunswick County,North Carolina,and being more particularly described as follows: Being all of Lots 155, 160, 197, 218, 219, 243 and 256, Phase 3, San Rio Ocean & River Club as recorded in Map Cabinet 45 at Pages 3-13 and revised in Map Cabinet 72 at Pages 18-21 and Map Cabinet 78 at Pages 20-23 of the Brunswick County Registry. Also see annexation map in favor of the Town of Shallotte recorded in Map Cabinet 46 at Page 19 of the Brunswick County Registry. Parcel#s 198GA004; 198GA009;198GA109;198GA110; 198GA111;1980A092; 198GA112 Deed References: Book 3121, Page 1148; Book 3121, Page 1120; Book 3121, Page 1191; Book 3070,Page 768;Book 3121,Page 1108;Book 3070,Page 754;Book 3121,Page 1169 09-19-2014 1111111111111111111111111111111 Register of Br.nd�1z le 1 8 Brenda M. Clemmons Register of Deeds 09-19-2014 09:23:33.002 Brunswick County, NC NC REVENUE STAMP: $8500.00 (0408742) Presenter TA _ et• �S Totatv94 R. GS00,Int Ck$ a430 CI# 1163 Cash$ Refund: Cass $ Finance ❑Portions of decurrent ore::• de due to condition of original. ❑Document contains seals verified by original instniment the;cannot be reproduced or copied. NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax:$6,500.00 Parcel Identifier No. See Attached Fxhibit "C" Verified by County on the _ day of ,2014 By: Mail/Box to: Kiersten Gordon.The Gordon Law Firm.PLLC,4914 Main Street,Shallotte,NC 28470 This instrument was prepared by:Tew&Associates,2999 Palm Harbor Boulevard,Suite A,Palm Harbor, Florida 34683(without opinion on title) Delinquent taxes, if any, are to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. Brief description for the Index:San Rio Ocean and River Club THIS DEED made this in{hday of September, 2014,by and between GRANTOR GRANTEE — REDUS NC LAND,LLC STARS&STRIPES 2I,LLC a Delaware limited liability company a Delaware limited liability company do Wells Fargo Bank,N.A. 301 South College Street,15th FL 6161 Santa Monica Boulevard,Ste.102 MAC D1053-150 Santa Monica,CA 90038 Charlotte,NC 28202 The designation Grantor and Grantee as used herein shall include 'd parties,their heirs,successors,and assigns, and shall include singular,plural,masculine,feminine or neuter as required by context. WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto the Grantee in fee simple,all that certain lot or parcel of land more particularly described on Exhibit A. {A0235044.DOCX} ' II1111111111111III IIIIIIII11I111III B356? P1249imn ons 33' 01 Brunswick County, NC Register of Deeds page 2 of 5 The Property does not include the primary residence of Grantor(N.C.G.S_§105-317.2) The property described on Exhibit A was acquired by Grantor by instrument(s)recorded in:Deed Book 3242,Page 336;Deed Book 3273,Page 244;Deed Book 3371,Page 405,Deed Book34 Page/0W,Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee,that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons cisiming by,under or through Grantor,other than the exceptions set forth on Exhibit B attached hereto and incorporated herein by reference,but not otherwise. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. GRANTOR: REDUS NC LAND,LLC,a Delaware limited liability company By:REDUS Properties,Inc.,a Delaware corporation, its sole member n By: /r�.+C Name: Paul arty "a Title: Vice President \((/ STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I,a Notary Public of the County and State aforesaid,do hereby certify that Paul Carty personally came • before me this day and acknowledged that he is Vice President of the REDUS Properties, Inc.,the sole member of REDUS NC LAND, LLC, a Delaware limited liability company, and that he, as Vice President and,being authorized to do so, executed the foregoing on behalf of the REDUS NC LAND, LLC. �l t �` _ Date: J¢.rll.t �'t,r i D- i C j'�"' 1 1 Notary Pu.4 signature kr,'S- �`�Sft✓ Printed Nam.of Notary Public My commission expires: r,( I� .. --14)I- [NOTARY STAMP OR SEAL] J AtAri AN 4 dA 46•IIC Ve Cr rI A0235044.DOCX �4r' bl/l . 11111111111111111111111111111 B3567 P1250 09 19_�m,4 09:23:33.002 Brenda M. Clemmons PR91 Brunswick County, NC Register of Deeds page 3 of B Exhibit A Tract One: Being all of Tract A containing 342.23 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 22 and revised in Map Cabinet 40 at Pages 28-32(Phase 1,San Rio),Map Cabinet 45 at Pages 3-13(Phase 3,San Rio),Map Cabinet 69 at Page 1(Phase 2,San Rio),Map Cabinet 71 at Page 94 (Common Element Lot),Map Cabinet 72 at Pages 18-21(Phase 3B&3C,San Rio)and Map Cabinet 78 at Pages 20-23(Phase 3,San Rio)in the Office of the Register of Deeds for Brunswick County,North Carolina. Also see annexation maps in favor of the Town of Shallotte recorded in Map Cabinet 39 at Pages 77-79(Phase 1,San Rio),Map Cabinet 46 at Page 19(Phase 3,San Rio)and Map Cabinet 68 at Page 93(Phase 2,San Rio), Brunswick County Registry. Less and Excepting: 1. All of Lots 2,3,5,6,7,10,12,13,14,19,20,24,25,29,30,31,32,34,35,36,37,38,39,40,43,44, 45,46,47,50,52,56,60,64,66,67,68,70,71,73,74,75,76,77,85,86,89,90,I04,110,115,126, 132,134,136,140,141,142,and 146,Phase 1,San Rio Ocean&River Club as recorded in Map Cabinet 40 at Pages 28-32 of the Brunswick County Registry. Also see annexation map in favor of the Town of Shallotte recorded in Map Cabinet 39 at Pages 77-79 of the Brunswick County Registry. 2_ All of the property and easements described as Items One,Two and Three in a deed from Landtech Receiver Services,LLC,as receiver for Sandler at Shallotte,LLC to the Town of Shallotte recorded in Book 3151 at Page 679 of the Brunswick County Registry. Tract Two: Being all of Tract C containing 119.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Three: Being all of Tract D containing 1.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Four: Being all of Tract E containing 1.03 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. {A0235044.DOCX} • • II m P111111III11I111111nP1751ns1 County, of Deeds page 4 Exhibit B Permitted Exceptions 1. Taxes or assessments for the year 2014,and subsequent years,not yet due or payable. 2. Easements,rights-of-way and restrictions required by public utilities and/or the local governmental authority. 3. All declarations,easements,rights-of-way,restrictions,covenants and other matters of public record. 4. All water,gas,and mineral rights of others. 5. Any matters that would be disclosed by an accurate,current survey and inspection of the Property. 6. Covenants,conditions,restrictions,easements,and liens provided for in instrument(s) filed for record in Book 2623,page 1309,Book 2623,Page 1370,Book 2694,Page 776, and any related maps,plans,bylaws,and other document(s)and amendment(s) 7. Any right,easement,setback,interest,claim,encroachment,encumbrance,violation, variations or other adverse circumstance affecting the Title disclosed by plat(s)recorded in Map Book 39,Page 77-79,Map Book 40,Pages 28-32,Map Book 45,Pages 3-13, Map Book 46,Page 19,Map Book 68,page 93,Map Book 69,Page 1,Map Book 71, Page 94,Map Book 72,Pages 18-21,Map Book 78,Pages 20-2,Map Book 19,Page 22 and Map Book 19,Page 24. 8. Right(s)of way to Brunswick Electric Membership Corporation recorded in Book A8, Page 208 and Book 2610,Page 644. 9. Right(s)of way to North Carolina Highway Commission recorded in Book 201,Page 541,Book 325,Page 204,Book 505,Page 512 and Book 782,Page 485. 10.Deed of Easement and Right of Way in favor of Atlantic Telephone Membership Corporation recorded in Book 2628,Page 1284. 11.Deed of Dedication in favor of Brunswick County recorded in Book 3146,Page 1135. 12.Affidavit in favor of Brunswick County recorded in Book 3146,Page 1139. 13.Deed in favor of The Town of Shallotte recorded in Book 3151,Page 679. 14.Right of way Agreement in favor of North Carolina Department of Transportation recorded in Book 3215,Page 1. 15.Assignment and Assumption of Declarant Rights in favor of Redus NC Land,LLC recorded in Book 3253,Page 926 and Book 3257,Page 1012. 16.Assignment and Assumption of Environmental Permits and Contract Rights in favor of Redus NC Land,LLC recorded in Book 3253,Page 930 and Book 3257,Page 986. 17.Nullification of San Rio Phase 3A Plat recorded in Map Cabinet 72,Pages 18-21 recorded in Book 3400,Page 1003. 18.Rights of others in and to the existing soil road for ingress and egress purposes,if any such rights exist. 19.Conditional Use Request filed by Town of Shallotte recorded in Book 2718,Page 696. 20.Any right,easement,setback,interest,claim,encroachment,encumbrance,violation, variations or other adverse circumstance affecting the Title disclosed by plat(s)recorded in Map Cabinet 36,Page 210.(As to Tract Five) • {A0235044.DOCX} lrl I I II 1111r 8 P120 -99 Brendegisecif Deeds a R� M Bul111 g of 8InwIIn1�11111 21.Possible gap.(As to Lot 198,San Rio Ocean&River Club,Phase Three,Map Book 45, Pages 3-13 Only) 22.Right of Way Agreement in favor of the NCDOT recorded in Book 3457,Page 892. • {A0235044.DOCX} • • RIM III IIiII IIIII1III1II1llIII Bred ?1253mmmgons.33'PR01 Brunswick County, C Register ofeds page eDe 6 of 6 Exhibit"C" San Rio Taxes Phase 1,San Rio(Part of Tract A) 198JB001 198JB004 198113008 1981E3009 198JB011 198JB015 • 198JB016 • 198JB017 198JB018 19816021 198JB022 198JB023 198JB026 198JB027 198JB028 198JB033 198JB041 198/6042 198JB048 19818049 198JB051 198JB053 198JB054 198113055 198JB057 198JB058 198113059 198JB061 198JB062 198JB063 198113065 198JB069 198JB072 198JB078 198JB079 198JB081 198JB082 198JB083 198113084 198JB087 198JB088 198JB091 {A0235044.DOCX} IIIIINIIIIII Illlil IIIIIIIIIIIIIIIIII p55?P1254 mens_93PSRo Brunswick County, NC Register of Deeds page 7 of g 198113092 198JB093 198JB094 198JB095 198113096 • 198JB097 198JB098 198JB099 198JB100 198/8101 198JB102 198.16103 198JB105 198JB106 1982107 198JB108 198JB109 198JB111 198JB112 198JB113 198JB114 198JB116 19816117 198JB118 198JB119 198JB120 198JB121 19818122 198JB123 198JB124 198/13125 198JB127 198JB128 198/6129 198JB130 19818131 19818133 198J8135 198JB137 198JB138 198JB139 198JB143 19816144 198JB145 198JB147 198/8148 198JB149 19818150 {A0235044.DOCX} IIII III IIII II IIII II 111111111131 B35s1ee P1255 S 33 ena 'PR01 Brunswick County, NC Register of Deeds page 8 of 8 198JB151 198JB00101 198JB00102 1981E300103 198JB00104 198JB00105 198JB00106 198JB00107 198JB00108 198JB00109 198JB00110 198JB00111 198JB00112 1981800113 198JB00114 198J800115 198JB00116 ' Phase 2,San Rio(Part of Tract Al 1980000205 Phase 3,San Rio(Parcel of Tract Al 198GA00106 198GA00116 198GA004 198GA009 198GA109 198GA110 198GA111 198GA092 198GA112 Part of Tract A and Tracts C,D and E 19800002 {A0235044.DOCX} 09 19 2014 11111111111111111111111111111111111r Off?!Pp ed n S.4PRa Brunswick County. NC Reg Presenter��+' et: It Tote •°O Rev Int. 1-G Ck$ 3D;ro Ck# l tt33 Cash$ Refund: _ .. Cash$ Fir..:nce Per..e sofdocumentareillegibleduetocon;;e^ of c:; d Woo rent contains seals verified by o•!'^:: r i2'rt that cannot be reprodun.s.. This instrument prepared by: Kiersten Gordon,Esquire The Gordon Law Firm,PLLC 4914 Main Street Shallotte,NC 28470 QUITCLAIM TRANSFER AND ASSIGNMENT OF DECLARANT RIGHTS STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS QUITCLAIM TRANSFER AND ASSIGNMENT OF DECLARANT RIGHTS (this "Assignment")is made and entered into as of this I day of September, 2014, by REDUS NC LAND, LLC, a Delaware limited liability company, whose post office address is 301 South College Street, 15th FL,MAC D1053-150, Charlotte,NC 28202("Assignor"),to and in favor of STARS & STRIPES 21, LLC, a Delaware limited liability company, whose post office address is 6161 Santa Monica Blvd.,Suite 102,Los Angeles,CA 90038("Assignee"). Assignor desires to quitclaim transfer and assign to Assignee all of its right,title and interest,if any(none represented or warranted hereby and only to the extent such assignment is permitted by law),in and to its status as Declarant under that certain Declaration of Covenants,Conditions and Restrictions for San Rio Ocean and River Club recorded in Book 2623, Page 1309 in the Brunswick County Public Registry, as supplemented and amended from time to time (as so supplemented and amended, the "Declaration"),and all of the rights,easements,liabilities and obligations associated therewith,including, without limitation,all"Declarant's Rights"and"Special Declarant Rights"and words of similar import, and Assignee desires to accept fully such assignment and to assume all liabilities and obligations,if any, associated with such assignment arising from and after the date hereof.(Terms spelled in this Assignment with initial capital letters shall have the meanings given to them in the Declaration unless otherwise defined herein to the contrary.) NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which • are hereby acknowledged,Assignor hereby quitclaim transfers and assigns to Assignee all of its right,title and interest, if any (none represented or warranted hereby and only to the extent such assignment is (A0235013.DOIX} 11111111I1I11111111111111111111111r Brend P1Z60 ceos: page znsf 4'PRO} permitted by law),in and to its status as Declarant under the Declaration,and all of the rights,easements, liabilities and obligations associated therewith,including,without limitation,all"Declarant's Rights"and "Special Declarant Rights"and words of similar import; and Assignee,by its acceptance hereof,hereby • accepts fully such transfer and assignment and assumes fully all liabilities and obligations associated with such transfer and assignment arising from and after the date hereof. IN WITNESS WHEREOF,the parties hereto have caused this Assignment to be duly executed and to be effective as of the date of its recordation in the Public Records of Brunswick County. ASSIGNOR REDUS NC LAND,LLC,a Delaware limited liability company By: REDUS Properties,Inc.,its sole member By: Name: Paul Carty Title: Vice President f yl¢tIU, County,North Carolina 1 I a Notary Public of the County and State aforesaid do hereby certify that Paul Carty personally came before me this day and acknowledged that he is Vice President of REDUS Properties,Inc,a Delaware limited liability company,and that he,as Vice President and,being authorized to do so,executed the foregoing on behalf of the REDUS NC LAND,LLC. Date: J L 17 / a-o i j My Commission Expires: .•` Y NNNNNNN �,, ák) O , o Pu r;I I ) 'SOr, ��$_ N Print Name: ��i t `� � ��� -s— `beLis - [Affix Notary Stamp.or Seal] ,• e �. [Signatures and Notary Acknowledgments Continue on Following Page] {A0235013.DOCX} 111111111111111111111111111111111 Br of Deeds page 3 Bread P1261 n5f4PROS ASSIGNEE STARS&STRIPES 21,LLC,a Delaware limited liability company By: DSSII Holding Co.,LLC,a Delaware limited liability company,its Member/Manager By: Name: Sebastian Drapac Title: Manager County,North Carolina 1 a Notary Public of the County and State aforesaid do hereby ce i that Sebastian Drapac personally came before me this day and acknowledged that he is the ger of DSSII Holding Co.,LLC,a Delaware limited liability company,the Member/Ma er of STARS&STRIPES 21,LLC,a Delaware limited liability company,and that he,as Mana ,and being authorized to do so,executed the foregoing on behalf of the STARS&STRIPES 21, Date: r ry° v My Commission ' s: Notary Public Print Name: [Affix Notary Stamp or Seal] {Ao235013.000X} 11�IU 1�1, i(i i�111111��r Brenda II. Cl m its 9'PRO of Deeds page 1 of 'PROBrunswick County, awf " presentern� '_ t: 1j 7 Total o �..u._..rity Int Ck$ 6•O". Ck# Cash Refund; _.— Crh 3 Finance Porliors a dcaao-nnt EFL i"a•_:e r.e to eandition et orig:ral. ammo'=tains seals tintt:2d by original Prepared By: 1. nt rat c_ N .-: ad or m;:td. Kiersten Gordon,Esq. The Gordon Law Firm,PLLC 4914 Main Street Shallotte,NC 28470 GENERAL ASSIGNMENT For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, REDUS NC LAND, LLC, a Delaware limited liability company ("Assignor") does hereby transfer, assign and convey to STARS & STRIPES 2I, LLC, a Delaware limited liability company("Assignee"),all of the Assignor's right,title and interest in and to the following in connection with certain real property located in Brunswick County, North Carolina and legally described in the attached Exhibit "A" ("Real Property"), those certain improvements, if any, located on the Real Property("Improvements"),and any personal property owned by the Assignor and located on or in the Real Property or Improvements ("Personal Property"), which Real Property, Improvements and Personal Property are collectively referred to as the"Property"): 1. To the extent assignable at no material cost to Seller, any unexpired warranties in connection with the construction,installation,maintenance and repair of the Improvements. 2. To the extent assignable at no material cost to Seller,any management agreement,service or supply contracts,and any other agreements with independent contractors relating to the management, operation and maintenance of the Real Property. 3. To the extent assignable at no material cost to Seller,any rights of Assignor in and to all zoning and development entitlements,permits,including,but not limited to,those permits listed on the table attached as Exhibits"B"and"C"(re-attached hereto)of that certain Assignment and Assumption of Environmental Permits and Contract Rights dated February 29,2012,and recorded in Book 3257 at Page 986 of the Brunswick County Public Registry, licenses, approvals and authorizations granted in • connection with the Real Property,and all plans,specifications,drawings,surveys and reports relating to the Real Property and Improvements,to the extent that Assignor has the right and ability to convey such rights. (A0235047.DO X} 11111111111111111111111111 d?ios 02 72-22 PO1r of n � 4. To the extent assignable at no material cost to Seller, any rights of Assignor in any • owners association in connection with the Property. • Assignee hereby accepts the above assignments and assumes all obligations and liabilities arising out of or relating to any of the above,accruing on and after the date hereof,and Assignee shall indemnify and hold Assignor harmless from and against any and all liabilities and obligations arising out of or relating to any of the above,accruing on and after the date hereof. The property conveyed hereby is being conveyed without any warranty whatsoever by Assignor. Further, Assignor makes no representation or warranty with respect to the assignability of any of the items assigned hereby,nor shall Assignor be deemed in any event to be a warrantor,guarantor,or surety for the obligations of any maker of any warranties or guaranties assigned hereunder. The assignment of the property conveyed hereby from Assignor to Assignee shall be without recourse to Assignor. "ASSIGNOR" REDUS NC LAND,LLC a Delaware limited liability company By: REDUS Properties,Inc.,its sole member By: Name: Paul Carty Title: Vice President "ASSIGNEE" STARS&STRIPES 2I,LLC a Delaware limited liability company By: DSSII Holding Co.,LLC a Delaware limited liability company Its: Member/Manager By: Name: Sebastian Drapac Title: Manager {A0235047.DOCX) 111111111111111111111111111111111 III Brenda P1265 morons 201E ROF Brunswick County, NCRegister of Deeds page 3 of B __County,North Carolina I a Notary Public of the County and State aforesaid do hereby certify that Paul Carty personally came before me this day and acknowledged that he is Vice President of REDUS Properties,Inc,a Delaware limited liability company,and that he,as Vice President and,being authorized to do so,executed the foregoing onbehalf of the REDUS NC LAND,LLC. Date: 1 I 1/D-011 My Commission Expires: .kr NAIL Notary Pub A Ley,'' i,t, ��� b Print Name: n_ [Affix Notary Stamp or Seal] ~Crt ys A = IL IC ',I CQuNTM r���~ 4rNUFM44004,1 {A0235047.D00(} 111111111111 E111111111111111111111 B35fi7 P1266.:m :aa1a Brunswick County, NC Register of Deeds page 4 of 9 4. To the extent assignable at no material cost to Seller, any rights of Assignor in any owners association in connection with the Property. Assignee hereby accepts the above assignments and assumes all obligations and liabilities arising out of or relating to any of the above,accruing on and after the date hereof,and Assignee shall indemnify and hold Assignor harmless from and against any and all liabilities and obligations arising out of or relating to any of the above,accruing on and after the date hereof. The property conveyed hereby is being conveyed without any warranty whatsoever by Assignor. Further,Assignor makes no representation or warranty with respect to the assignability of any of the items assigned hereby,nor shall Assignor be deemed in any event to be a warrantor,guarantor,or surety for the obligations of any maker of any warranties or guaranties assigned hereunder. The assignment of the property conveyed hereby from Assignor to Assignee shall be without recourse to Assignor. "ASSIGNOR" REDUS NC LAND,LLC a Delaware limited liability company By: REDUS Properties,Inc.,its sole member By: Name: Title: "ASSIGNEE" STARS&STRIPES 2I,LLC a Delaware limited liability company By: DSSII Holding Co.,LLC a Delaware limited liability company Its: Member/Mana r • By: Name: Sebastian Dranac Title: Manager In0235047.DOCX 1 IIIIIIIIIII111111II111111IIIII IIII.III B3567 a P1267n09ong:20.14 PROF Brunswick County, NC Register of Deeds page 5 of 9 ACKNOWLEDGMENT State of Californiar- n0 County of 11`)c rt"In"3.�,Q.Yg ) r On 6I lb (i 4 before me, �1VrtYr b 1�1` " p (ins name and title(df the officer) personally appeared .. Q, V j'1 i(( C who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIVJOT K.SINGN WITNESS my han fficial seal, rf commission2035514 •:,,,t 2 Notary Public-California `z i.e Los Angeles County Mr Comm.Extras Aul t0_2017 t • Signature (Seal) IIIII IIIIIIIIIIIIII IIIIIIII11IIIIIIII B3y67 P1268r,:15:33�PROF Brunswick County, NC Register of Deeds page 6 of 9 Exhibit"A" Tract One: Being all of Tract A containing 342.23 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 22 and revised in Map Cabinet 40 at Pages 28-32(Phase 1,San Rio),Map Cabinet 45 at Pages 3-13(Phase 3,San Rio),Map Cabinet 69 at Page 1(Phase 2,San Rio),Map Cabinet 71 at Page 94 (Common Element Lot),Map Cabinet 72 at Pages 18-21(Phase 3B&3C,San Rio)and Map Cabinet 78 at Pages 20-23(Phase 3,San Rio)in the Office of the Register of Deeds for Brunswick County,North Carolina. Also see annexation maps in favor of the Town of Shallotte recorded in Map Cabinet 39 at Pages 77-79(Phase 1,San Rio),Map Cabinet 46 at Page 19(Phase 3,San Rio)and Map Cabinet 68 at Page 93(Phase 2,San Rio), Brunswick County Registry. Less and Excepting: 1. All of Lots 2,3,5,6,7,10,12,13,14,19,20,24,25,29,30,31,32,34,35,36,37,38,39,40,43,44, 45,46,47,50,52,56,60,64,66,67,68,70,71,73,74,75,76,77,85,86,89,90,104,110,115,126, 132,134,136,140,141,142,and 146,Phase 1,San Rio Ocean&River Club as recorded in Map Cabinet 40 at Pages 28-32 of the Brunswick County Registry. Also see annexation map in favor of the Town of Shallotte recorded in Map Cabinet 39 at Pages 77-79 of the Brunswick County Registry. 2. All of the property and easements described as Items One,Two and Three in a deed from Landtech Receiver Services,LLC,as receiver for Sandler at Shallotte,LLC to the Town of Shallotte recorded in Book 3151 at Page 679 of the Brunswick County Registry. Tract Two: Being all of Tract C containing 119.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Three: Being all of Tract D containing 1.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Four: Being all of Tract E containing 1.03 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson"prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. {n0235047.uooc} Brunswick County, NC Register o11111I111111111111IIIIIIIIIIIIII Br�7ed sP 1269 9 14 D pag7�of9 20 Tract Five: Being all of that 22,229.5 Square Feet,More or Less,tract as shown on a map entitled"Boundary Survey for Sandier at Shailotte,LLC"recorded in Map Cabinet 36 at Page 210,of the Brunswick County Registry. 00235047.130a) 09 19-2014 111111111111111111111111111111111111r 136?dP121e 8 of 9P ;i II (i ;'� ��a;CgX �( L � oat,-sots 'unoria :rlr [�.f;-11j l I• Ctewmone PROP l',i ' s/ Deeds pope 22 er 23 EXHIBIT B (List of Ra treament!Py ) aJ Permit Name �, • iter lame Date Wetland Impact USA e - N()J } 2 10/18/2010 V CUJN.pFI( Stomnwater Master Plan S :4 1: OD 7/18/2007 NCDENRDWQ Wetland impact-DWQ 07-1730 2/1/2008 Wetland Impact-USAQE 2006-0044( 10/18/2010 Stotmwater—NCDENR DWQ(4?3 '� a OD 7/18/2007 V Stormwater—NCDENR DWQ &largr+itfg34 10/19/2007 Wetland Impact—NCDENR DWQ 07-01420 8/15/2007?? FF 4,7 ji-Uni'llinr.E8L 1 IL MoF_ lIC,,jF1t. flF7gPVECWIFSETALIL fl© - n' f 11 111 11 I11111111 Brend P. Ci.m ons ROF 40 Brunswick ty, NC Register of Deeds page 9 of 9 II IIO111311� �i+r f V r { 1 1 ; 1{` arunawi 1'jtl,irrJ���l+l_ oter 411.518ciemeir:171%."1.14t1/41 page 27 of 23 �`+11,giL Kumar c ,Erosion Control Prni Permit Name f "� ; anialrigmlL Issue Date NPDES amend Stoimwater ,,:v 5/9/2006 Construction Pamir and Erosion and Sedimentation Project,ID Carte-2006-387 Cortnol Plan NPDES General Stommwatm NCQO 1000 10/4/2007 Construction Permit and d (Modiscation) Erosion and Sedimentation ID 'y Control Plan IF 6,A Rqo t • CUIM()FF1CM1,_1 L • • (41>FuPsonixtra N'69'cl-4914L. gg ��u[ II{III1111111NI11 TRIM NIBI II 83567a "_ � Brunswick County, NC Register of Deeds page 3 of 4PRO Gi Presenter Poi; 15 ry e�Totalo?(o LCi— x Ck$CeCeXoo Ck;; Int.1443 Cash$. kni • Refund: _C:::. i Finance 1 i Li Portions of docurn nt arc..:: is due to condition -C• of original. E, kjo •• ❑Document contains seals verified by original .im 2 J instrument fat cannot be reprx aced or copied. 'r' STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF BRUNSWICK 09-CvS-2345 REDUS NC COASTAL,LLC, ) Plaintiff, ) ) PARTIAL RELEASE OF JUDGMENT LIEN v. ) ) SANDLER AT SHALLOTTE,L.L.C., ) Defendant. ) • THIS PARTIAL RELEASE OF JUDGMENT LIEN is made and executed on this I'day of September,2014,by REDUS NC COASTAL,LLC,a Delaware limited liability • • company("REDUS"). Whereas REDUS,pursuant to that certain Assignment of Claim filed in File No. 09 CVS 2345 in the Brunswick County Clerk of Court's Office(the"Clerk's Office"), is the current owner and holder of the that certain judgment arising out of civil action filed in File • No.09 CVS 126 in the Clerk's Office(the"Judgment"),against SANDLER AT SHALLOTTE, • CH-3231472 v1 LLC,and whereas REDUS does hereby desire to release certain property from the lien created by the Judgment. IIIII IIIUIIIIIIIII 1III IIIII III_I11I Brend -sg P1213mmons 'PROF Brunswick County, Register of Oeads page 2 of 4 W1TNESSETH: In consideration of the sum of$10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, REDUS hereby releases the following property (hereinafter referred to as the "Released Property") from the lien of the above-mentioned Judgment: See EXHIBIT A attached hereto and incorporated herein by reference The Released Property is henceforth free and discharged from the lien and operation of the Judgment,but it is understood and agreed that this Release shall apply only to the Released Property, and the Judgment shall,in all respects, be preserved and protected,remain of record and in full force and effect. Signature page follows CH-3231472 vl IIIIIIIIIIIIIIIIiII H1111111IIIIIIII B3561 P1114 0�5 PROF Brunswick County, NC Register of Deeds page 3 of 4 IN WITNESS WHEREOF, REDUS the undersigned has hereunto set its HAND and SEAL,this_day of September,2014. REDUS NC COASTAL,LLC, a Delaware limited liability company By: REDUS Properties,Inc., a Delaware corporation, its sole member and manager By: Name: Paul Carty Title: Vice President WITNESSES• e(tAtutmL 440.64; State of North Carolina County of Mecklenburg I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document: Paul Carty,Vice President Date: September\7'`,2014 S Print/T .4. Name: K,sty �hti -ost�r Notary Pu.lic My commission expires:_A n1 1 a� [Notarial Seal] -0 .. 0740fr 112'.. Se,irokittr4V CH-3231472 vl 1111111IIIIIIIIIIII IIIIIIIIIII IIIIIII B3567 P1275 23:33. Brunswick County, NC Register of Deeds page 4 of 4 EXHIBIT A • Description of Released Property Lying and being situate in Brunswick County,North Carolina,and being more particularly described as follows: • Tract One: • Being all of Tract A containing 342.23 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled'Survey for Ladane Williamson'prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 22 and revised in Map Cabinet 40 at Pages 28-32(Phase 1,San Rio),Map • Cabinet 45 at Pages 3-13(Phase 3,San Rio),Map Cabinet 69 at Page 1(Phase 2,San Rio).Map Cabinet 71 at Page 94(Common Element Lot),Map Cabinet 72 at Pages 18-21(Phase 3B&3C,San Rio)and Map Cabinet 78 at Pages 20-23(Phase 3,San Rio)in the Office of the Register of Deeds for Brunswick County,North Carolina. Also see annexation maps in favor of the Town of Shallotte recorded • in Map Cabinet 39 at Pages 77-79(Phase 1,San Rio),Map Cabinet 46 at Page 19(Phase 3,San Rio) and Map Cabinet 68 at Page 93(Phase 2,San Rio),Brunswick County Registry. Less end Excepting: 1. All of Lots 2,3.5,6,7,10,12,13,14,19,20,24,25,29,30,31,32,34,35,36.37,38.39,40,43, 44,45,46,47,50,52,56,60,64,66,67,68,70,71,73,74,76,76,77,85,86,89,90,104,110, 115.126,132,134,136,140,141,142,end 146,Phase 1,San Rio Ocean&River Club as recorded in Map Cabinet 40 ai Pages 28-32 of the Brunswick County Registry. Also see annexation map in favor of the Town of Shallotte recorded in Map Cabinet 39 at Pages 77-79 of the Brunswick County Registry. 2. All of the property and easements described'as Items One,Two and Three In a deed from Landtech Receiver Services,LLC,as receiver for Sandler at Shallotte,LLC to the Town of Shallotte recorded in Book 3151 at Page 679 of the Brunswick County Registry. Tract Two; Being all of Tract C containing 119.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson'prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Three: Being all of Tract D containing 1.09 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled'Survey for Ladane Williamson'prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina.to which plat reference is made and which is Incorporated herein for greater certainty of description of said tract or parcel. Tract Four. Being all of Tract E containing 1.03 acres,more or less,as more particularly described in a survey plat dated 29 July 1997 entitled"Survey for Ladane Williamson'prepared by Steve M.Norris,RLS,recorded in Map Cabinet 19 at Page 24 in the Office of the Register of Deeds for Brunswick County,North Carolina,to which plat reference is made and which is incorporated herein for greater certainty of description of said tract or parcel. Tract Five; Being all of that 22,229.5 Square Feet,More or Less,tract as shown on a map entitled'Boundary Survey for Sandler at Shallotte,LLC'recorded in Map Cabinet 36 at Page 210 of the Brunswick County Registry. CH-3231472 vl • • t :&;6`C VOA-6:3 ..§ serjtiver% . co.,5 umillimingkallo RAPJ1..3F311111j7311 B w etc County, agloter of Deeds page 25 of 51 Association. The Association shall accept the transfer from Declarant of the applicable Pernrit and responsibilities under the Permit Transfers of any such Permit shall occur upon the muter to occur of(i)the date the North Carolina Department of Environment and Natural Resources allows the transfer of the Permit to occur;or,OD the date after which at least fifty percent(50%) of the Lots therein are conveyed to Owners other than Declarant,and,in the case of property hereinafter annexed into the Property by Declarant as provided herein,the date after which at least fifty percent(50%)of the annexed Lots are conveyed to Owners other than Declarant. Prior to any suclt transfer of the Permit,the Stonnwater Manageme,nt Facilities for the Property,including any property annexed by Declarant into the Property,shall be certified to the Association and the State of North Carolina,either by state inspection or by a licensed engineer,as being in compliance with the applicable Permit prior to such assignment or transfer. 8.2 Association Indemnification, The Association shall irtdernnify and hold Declarant harmless from any loss,cost,claim,fee,'fine,suit,damage or expense,including reasonable attorneys'fees,incurred by Declarant in the defense of any action against Declarant as the responsible party under the Permit and any Permit applicable to any property annexed into the Property from and after the date Declarant tenders transfer of its responsibilities Under the Permit to the Association. The Association Shall indemnify and hold Declarant harmless from any loss, cost,claim,fee,fine suit,damage or expense,including reasonable attorneys'fees, incurred by Declarant in the defense of any action against Declarant as holder of the Permit from and after the date Declarant tenders transfer of the Permit to the Association following the approval ofsuch transfer by the North Carolina Department of Environment and Natural Resources and the certification of compliance as set forth above. Further,Deolarant may bring an action for specific performance ofthe obligations of the Association pursuant to this Article 8, 8.3 Administration of Permit. From and after the transfer of Declarant's responsibilities under the Permit applicable to the property annexed into the Property and from and after transfer of the Permit from Declarant to the Association,the oversight,supervision, nen%%anent and administration of the Permit shall be the sole responsibility of the Association. The Association's duties with respect to the Permit shall be carried out in accordance with the terms and conditinns of the Association Documents,and the Permit, 8.4 Easement for Upkeep and Rnforcement The Association hereby is granted and conveyed an easement over,under and upon each Lot for the purpose of access to and Upkeep of all Stonnwater Management Facilities and to enforce all requirements of the Permit, * 8.5 Permit Covenants. The following covenants are intended to ensure ongoing compliance with the Permit as issued by the Division of Water Quality under NCAC 2E1000: \t1 (a) me State of North Carolina is made a beneficiar4f these „ • covenants to the extent necessary to maintain compliance with the Permit. . . . • • — 19 'ktfftiliuiA'qzujIj !jI(!jJJJRb4jJ3Ltz&2r3 e of p page 26 of Bf (b) These covenants are to run with the land and be binding on all persons and parties claiming under them. (c) The covenants pertaining to stonnwater may not be altered or rescinded without the express written consent of the State of North Carolina,,Division of Water Quality. (d) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality, > (e) The inaxhrium allowable built-upon area per Lot is limited to a specific area as identified on the amendment or supplement to the Declaration winch annexes the subject Lots. The allocated amount fix the.Lots included in the initial Property subject to this Declaration is set forth on.Exhibit"C"attached hereto. The allotted amount shall include any built-upon area constructed within the property boundaries of a Lot and that portion of the right-of-way between the front Lot line and the edge of the pavement of any street abutting such Lot. Suit:upon area includes,but is not l mated to,structures,asphalt,concrete,ganvel,brick, stone,slate,coquina and parking areas,but does not include raised,open wood decking,or the water surface of swimming pools. Lots located within an Area of Environmental Concern as designated by CAMA may be subject to a reduction in the allowable built-upon area due to such CAMA regulations, (1) In the case of a lot within CAMA's regulated AEC,where the Division&Coastal Management calculates a different maximum allowable built-upon:area for that lot that is shown herein,the governing maximum built-upon area for that lot shall be the most restrictive of the two. (g) This project proposes a curb outlet system. Each designated curb outlet swab shown on the approved plan must be maintained at a minimum of 100'long with 5:1 (H:V)side slopes or flatter,have a longitudinal slope no steeper than 5%,carry the flow from a 10 year stormin a non-erosive manner,and maintain a dense vegetated cover. (h) Filling in or piping of any vegetative conveyances(ditches,swales, etc.)associated with the development except for average driveway crossings,is strictly prohibited by any persons, (i) Each lot will maintain a 30'wide vegetated buffer between all impervious areas and surface waters. (i) All roof drains shall terminate at least 30'from the mean high water mark of surface waters. (k) Filling in,piping,or altering any designated 5:1 curb outlet swede associated with the development is prohibited by any persons. 20 { LS! 1 tomoili P3,4611:1Plrunew �County, NC R s ei of Reeds page S� of e1 EDIT itch Allocated Built Upon Areas for Lots 1-151 • Ni 2900 22-27 3900 • 28-48 2900 49 80 3900 81-89 4900 90-100 3900 101-J0s 4900 •106.1.25 900 126-133 4900 134-150 . 3900 . 151 8000 tt 3 y5 f ¢ Linda Lewis,EI State of NC Environmental Quality dV: Energy,Mineral and Land Resources 127 Cardinal Drive Extension Wilmington,NC 28405 Re:Stormwater Management Permits#SW8 070202 and SW8 070834 San Rio—Phase 1,2A&3 Dear Ms.Lewis, In reference to your letter dated April 26,2016 please find attached the Ownership Transfer Form for the referenced permit numbers. In addition,I have attached the sections in the recorded covenants and restrictions discussing the maximum built-upon area allowed for each lot in the approved and recorded sections of San Rio. These covenants are included in the deed transfer of each lot and state the maximum built-upon area allowed. As we discussed and noted on the permit transfer form,Stars 2I LLC which is owned by Drapac Group USA,purchased the property from the bank after a foreclosure action allowed transfer of ownership to the bank. Stars and Stripes(Drapac Group)have not made any modifications to the property and do not intend to modify the property until further notice. The property is presently gated and closed off to the public and is maintained by Drapac. There are no homes constructed in the areas where stormwater has been partially complete. Currently there is no active Homeowners Association so the private roads and easements will remain in the name of the owner until such time as a transfer can take place. Drapac is in agreement with consolidating the two existing permits if you feel this is necessary and additionally Drapac will cooperate fully in the separation of the permits from Drapac to Mr. Charles Parish who purchased a portion of the permitted property. We request to delay submission of the partial certifications requested in your letter until such time as we begin the process of developing San Rio. At that time Drapac will require a designated engineer to inspect and submit all partial certifications to your office. Sinceyely\ Do s S.Talbot Land Development Specialists,Inc P.O.Box 4937 Pinehurst,NC 28374 910-639-3218 cc:Chris Stanley,Drapac Group Corporations Division Page 1 of 1 North Caroffna /-t_ AT Berta F Ie ._. E PART PARTM ENT rt i r41 Sect y--,EC E F.0 2 612 btjl,7.4C2112Ctt2 ,SIT'.fx?-2{0C Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre-Populated Annual Report form Corporate Names Legal: Sandler at Shallotte, L.L.C. Limited Liability Company Information Sosld: 0800219 Status: Current-Active Annual Report Status: Current Citizenship: Foreign Date Formed: 8/30/2005 Fiscal Month: December State of Incorporation: VA Registered Agent: CT Corporation System Corporate Addresses Reg Office: 150 Fayetteville St, Box 1011 Raleigh, NC 27601-2957 Reg Mailing: 150 Fayetteville St., Box 1011 Raleigh, NC 27601-2957 Mailing: 448 Viking Drive, Suite 220 Virginia Beach, VA 23452-7331 Principal Office: 448 Viking Drive,Suite 220 Virginia Beach, VA 23452-7331 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: Nathan D Benson 440 Viking Drive,Suite 220 Virginia Beach VA 23452 Manager: Raymond L Gottlieb 448 Viking Drive Suite 220 Virginia Beach VA 23452 Member: Arthur B Sandler 448 Viking Drive Suite 220 Virginia Beach VA 23452-7331 Member: Steven B Sandler 448 Viking Drive Suite 220 Virginia Beach VA 23452-7331 http://www.secretary.state.nc.us/Search/profcorp/7814147 4/22/2016 r.. ) LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Sandler at Shallotte, L.L.C. SECRETARY OF STATE ID NUMBER: Fling Office Use Only 0800219 STATE OF FORMATION: �/q E-Filed080021 Annua9l Report !�REPORT FOR THE YEAR: 20 t6 CA201609601183 4/5/2016 10:38 SECTION A: REGISTERED AGENT'S INFORMATION El Changes 1. NAME OF REGISTERED AGENT: CT Corporation System 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS&COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 150 Fayetteville St., Box 1011 150 Fayetteville St., Box 1011 Raleigh, NC 27601-2957 Wake County Raleigh, NC 27601-2957 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development 2. PRINCIPAL OFFICE PHONE NUMBER: 757-463-5000 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS 448 Viking Drive, Suite 220 448 Viking Drive, Suite 220 Virginia Beach, VA 23452-7331 Virginia Beach, VA 23452-7331 SECTION C: COMPANY OFFICIALS(Enter additional Company Officials in Section E.) NAME: Nathan D Benson NAME: Raymond L Gottlieb NAME: Arthur B Sandler TITLE: Manager TITLE: Manager TITLE: Member ADDRESS: ADDRESS: 448 Viking Drive ADDRESS: 440 Viking Drive, Suite 220 Suite 220 448 Viking Drive Suite 220 Virginia Beach, VA 23452 Virginia Beach, VA 23452 Virginia Beach, VA 23452-7331 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Raymond L Gottlieb 4/5/2016 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of this form. Raymond L Gottlieb Manager Print or Type Name of Company Official Print or Type The Title of the Company Official MAIL TO:Secretary of State, Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0525 SECTION E: ADDITIONAL COMPANY OFFICIALS NAME: Steven B Sandler NAME: NAME: TITLE: Member TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 448 Viking Drive Suite 220 Virginia Beach, VA 23452-7331 NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: n D — _ '� 1 i V '- 4 $ O $ rn % " -�p im i' p� pO 4 pO I -/ I O 8 $ g m n i + $ + t. r -, f e l o O O__.fte . s } ‘\.,131 •!-.Lit --: .-.. ..0-ir-- - i < W 17 0 _z fff 4111 - - - '�'f W O V J 0 o )4 n 7 0 ��p m $ - T CD W (41 o 'o 0 m ...0 W3t1 O i s '.� •2 m � cn -n — S p m yu a D i ° F N 8 ,� -6� U) v w C) Nh/(\4‘ m opa , pO l\ a 0 O r C a O OO FL o �'"° mc� m + $''fit "Q i $ X •a O c a c as. o K.„ of DI- r p +1` ^ R a * -. N p W i N r¢' $ r Z CDp 0 00 O = a. m ;o cn Z Z i $ 5 1 c rm .. o a a $ f + ZaO t qOle 'o 2 m 0' .a i _=T ^ u. aa 2 000 -15 o 8 1 Asii ... . if TN > 8 O Y - H vp r $ tkN • o T r •` �mmmm $ + + 6 to i rOv I . $ Snm p ti 8 Z 1 - t Si\ Om o p = p �1 G r _ � / d F rn O_. + O _ , a a' R . fO D o m I $ ID m� :_V 4 s /+,,, Q -.:: ,-1,1,--:- -\t".3,..: ,1--.)/,,v 42-8 •--__ _ 8 -I • wh Z,16 0 a a ,:' -s g 4-,/,:„. _ 41_14_ al 8 . -1 la . '.:4-10...T 79,:k1F,•,),, / . 5.,0 • -1 -.T.7%1V4,--1-11L--'..S.4%/41111urs„„,„: ...ff- Oil—---" -- --''----*---.-. : ..,..411,, ,. 3 .4 --I . .. .iitip,'-'- .31H-Iiii.i,,,\ i LI 't ILI.-i,:,t-ltiiii,.\\/-*K1/441114r,,.7 t. M a. 7t8 • .... -.- .,.,g; , . : '0 , • .,_ s 8 0 , , La i s 1.4`. 0a Q o _ 2 i , n ,A y14 r z G N M N CD CD .S1tdll, te R1 rri. t.. v A NN,N,, .Ni N „, N i N , Itsi < v °m m 9 :r _ 8 e � 0 ti n It Z 4 .▪ N m o) O ' �° MZk #r` ? C3 • o 0 0 sr_ 2 A 46 P A ... .�5 e xvrxo �a a, �" — a n < ,} — -- o fi▪ < -I -. M -, ' e) ,4-37. al I 4.4 i '4 4., ,11.A6 2 10) " tb,4 ..... " .. CO a3 GO .r'41 ,� y� A C 1\1 = CA 3 uu - '' 2 ii „ , ii iwir g ? ,fir VI _'▪ D •• N o ..a , +fi b e. g no, A-- g. le 44 N Z CM N * *ilk i.9: ` i ppqq;.1' 4w g 9 = O �O m .! `, -& «tI—I- . m .... K ... _ .4 , il 1182.8. 'I.; i 1:- il tt't IS - m00013 , ii -.1 8 ii S ', to II g a VHI zi tu p .+ -i. 7i D x m N 'i !k hY N 3 m < > O I 8 1 i w .* tier,.� 1 3 0 OD N y a O N. co91 dit e 1 E., : 111 PIN 10 I i — _, LA ii -o . s -.. w 0 • y i y, �.)5� o s +Zo ' hIJØ ! - 00O tes _ o � i iA e a, o. cove a Wa00 .o a 0 -+ $ / x 4o rn kk 0 i ads / i o rn O w 4 m a � \o '� Lh ago g g $. t e 0 ih 8 gV 4 iag So t49 `� s ▪ -► <y5 ;' y �` �6,• gw 1 M .a is 1 r a n al t� m m a i a 0 7' i Q R Iii og = m -. $ � `� O 1 i O W fA i I p 0 e 0 13 0 —. y s�_ - 0 mm IU xjsZ ; _, i4 i :j rGO A - 0r0 m � � •. w I CCI S m m r Z 01 IQ r a OW me rtif i im r` 2 m N = XI 70 • �o S c°to ill N g = O N 0 •' •- csi L W ` L.co i ¢ a a W m ` w 4 ��p a wp a - .`-�p 0 0• Cl)S y w nnf 5 Ni maamm A � o op 1 Oc. r .a11 C ro !mmnzo wi WO 9 N co a � 0 v Z Oo 2 O m 1 sp 6h M_ 1 0 SD is s 73 n m { o L. ; t ,� 10 $ Z m < 0 cr a O * W o co L - mo0 LO co Sio rt 6er- FS11.�_ t` - 0 II; C1 0 m N m O#f.. .- , g CO a' y p p Q p �E r[� I- g g 1?. E 00 vi 0 F i - ° i $ O .� rC R mm > 0n s' • i a` r+ a m o m a I••...... F :8 * '.g E Q� -0 3 r p 0 @ i p Q a _ .. s i g O = p1 O N la t0�l y O ra ' a s B W co D p R1f p p 14. 1 a i i _ co a. illIII' 1-1 ..7 1111-11 :di - n-1, _ .. g J21 AN,t •, i - > S ain _ O NZ 1� S g i on - ..I. w `w z O N m N Di m ,.. O_. , i i CO i co 70 '" i i av GO .f t.. m i 4.m Q %OP* . : : llo ta 55 ., ., ig a to nAIK i i ... wA ;�, le 1 m .. w 4 4 i m il c_ CD v ;-gL �3 ) EiI -NJ` i0 0 m i t117- )� '0 i M .a E Z 0) 0 41 (IR 45� \�4 21SStgi-21 D � o m i - r_ 4,{D .... � 0G a mil CD 0 li CI -. Ip W u+ i r oa co � e5i� tome A m Cn rn Dv a rh'a ,., �o p = 73 '9 0 4) 0i _ a. a s 2 Q o N m Z 41, p m } � = 9 D N oto co2g m < -1 X N O 0 W k s Cl i /COw 2 _, 1 Cto T 0,O jm S 0 a- mcn > ar - kD 3 ,yC p � ' z oymv8 III ..` r9 `. a > > 02 $ 0 . ti 22 i x =< la < O $ rm o z, C. o ... ` - O • p v n mCto,' -i—S + O 3 co VZD O = Gs ' L� 4 A = N = 7 g •i ES i _. W R er 0 o � Om .4. $ W 3J •► T A F P 4, i - C. 41 m o m G ,, 8 A S 8 a �' -'►2 Z m x m 0 s � ----3 -. 2.AV of i n s O * O O ''7 9• g 6a W mOO � sw '¢'f a ° � " a r —n N CD f±gI- co m -' l ✓0 i v) mooDr" f, F. OMMN 2. m73yO 5 11. D v m mca i m fO 6 J( U) r A O /e O N f Z 0, 4, _ p 5 o0 N / , N -4 00 CO C O A a o O W / CO gi I nr SF Fa Pa CA �,� CI r 4Iv IQ tit 0 CA to yt 11/4 ,:,.9, ..; 11 1 . Pi at! ;.a,"2 I 1 L 2 0, 1� ?6 to co $ 16/ .-4 g g . I. � g. "� 4 a D t�e � 1 lair �. N7) 4.,.. v 8 t '�b g.g -°' .tea pj P4 .�. Z m O 5 -rt '' §A S .oa j „A , v, _ erg m g sI . 19 -. g fff rn v a f . � iKT I rn . m O 6Og � m Nia Ii / A N N 2 Sig w 3 9 S O t N p 3 it al ii_$.. s r � D D N (S i Y W N / coO m (7 V / W _ Z J Ki -' tit. ., —I a r -4 0 R m 2 '/,',,.. `F` �g 'ti, 1.'0, �C n m r 1/r;. e3 ` CnV to © N. T 0 CD .= 'L. ±?..11\ 'N.? Gc 1 O t" i 0 0aZ ox `!1 '.t o ° N $� R m ` - TiO 3. AnZ �� r�iimS f °o n O � -I 11 • �� Z s m iN Opo m A 0 NI O 0 N $6 � r. a. C O 61 co Ii ° CO r m m E?7 N ct� m {v 0 D „�,� Ct ;�73 N k 9 mmmn30 � }' v �-" �1� 9 mom ., .a. Q z.• c •• A•-• N) CO r o N O W K.) a_ § 1 f O go ...O\ ...). gt c OW, :1:e . 5 m .1 i 4S Ike iJ Q C r a P. i.4g .iP `.a .1; ii 4A N t1 f .a.••Nte ! r § W 40 ea J� -'' is i i AA i ! - I i 14 a I 1 Oti Y 9.r 2 2 a ^ ~ ~ M 2 , w co a a .1' 1 N c le � '� li u 8 \1..._ _ i-., ,� S /�. lo •Y i o f� .. fl Z mg I ---t-- - . i ..z. co ! ma 6 �ot mb m D9 1 ONa0X tiI � or mm 0. E i II, CO . , > w P8.r > s o m n D CO a ; '0 m A bpi .i �W OP K aCN = X la i V) • Jfl !: IQ • 3 < m =1 0 l 1 >{, /1 a � � o ZN r ` O N O • r o - fO * o _i O 3 W N 'A Z •.s / of x o = m ' n o Li m o _ s tt • m • r G Z a m o 00 � D �.:. l �fs,,. . 0 f 0 0 • a -1011- a 1�/ /�� m O v s+° , • _ f" 1J J '',..'7%.,, 'T. .)1.-S/ _.;A.-_ ) ., mc� "rn A mV:\if xi � O D N 0 . � ._r ▪ m m m A I. DFm F.Er \\I‘I'l '''...,„: ▪ 1— S o N eWG -1N . a. O Ce d o I a' 8 R m I\ Al N r 8 8 8 Smb s s 0 0q .,, 0 se 3 41 ;ram _E .-ram 1 .�_ ;� -•, - .-':-., - Ar_ .. .iii,. .. • 3 y• , :' Ili - }' � yY d � •..- - S .1 ''''...\,i....',._,.: -‘ -.......7 s r: ' --...1•;! ' 1."T::4".... '''''....IIN,,,. ...-.'“--/7. . NIL' IV- (L. .--<:...lit•- !O./F 7 . ...N. 1 0.1.41-Xit..1.7M-• •. . 0 .•• ... ... . •..1.%•....,•04.:FV-Si ....,....„ 10 • ..4., # . . Zle C ;Q f �.i71E:C9^yle. L% Coo Ie earth I GogIe earth miles 1 km 1 -io. - s s-..,aa:- mod' % • �'�i _ m !g - ' ; ..7 ), � .. Utz � -T� � '� t x� ���W v .-` v ?} • `"� .yza' . _ i1 2 - 4 s t'• . " r ._ D a.-E y.' y s R t r ''�2 a ram i.c '� t^'0°. _� k , •y W ' D T Tom. - v` s. tt ¢- L3 ^ .i v " - . -r - p.a e o ka y� a -4 aZ c t W . :°co -4) --')* .` 4 -_;; „.,...,_,....,„,. :J' .. � ED - ,� s.ism ¢ 'w.,..,,,,, _.,-i,.„,.„,e;:-L„r4.01,..-7,---y... .m.t4.37,-, . ` { '.-, -!,7.-:,:,;.,:3=_.,-.,:- .._,., _ . _:..:,. .' y a - w:4 .g. of 5- as-,:w.,_.:4,,,,0 `tn y,�,.h i~r >s D Iiit „dot ritit4) 0 A 1 1 �3 tit . ..,..., .. . .,,.. ,„....„,....„ _,....7„.„,„.... . ... ,. ...,•:„, ,_„..„.„....,...„. „4",..„. , .„;,,..w„, ... -4- '- .--••• -• ' l' —-' - .' , - .-.:...-5,•-`'',7, •••`' -7,4. 7.,‘ 1•'••• i- _,. :,..• ti,. .,:',.f.., ..fi':-3-_;.,-,--...'.1.1r,t,.-. -_-r-__., ,_,,,,,,....,,,,. . . ......„:.. ,..._._,- . .._,,„-.,_ ___._„.. .:-.- --,-- -.,..-...-...: -e-sy„.„441-i,:i:5,- - , ,,,,..:-. ir ;...,..„., ,..,.; ___.„., _ ,,,r,,44,... ...„.. ,._:„... J r`'t }yu 3�C -f`��.r"I Y q, O ! _ { g4,7• 4f,- r�`� -L `c am E,• - ._„VoL ; ‘.,,, .."'p..,?-,X:.w..-n:,--;- ...:..• ;74.::....:_,,.,,: ,...,,,,...„- -gzli" --..... 1-,_-.1-- it,.......',;_..„-. -..r' . f,,,,..-; . _,,,,..... „.tx.#.*:-4'4,-,i'-:4-t--.__-. 6,:-3.:,;‘-:,-:.•:,'--.. ..---,. ti ��SS' PPt a, _,.,,,,.... ..,._z„.,:_..„.,...,p.,•.c..:_,,-,':-.-,c--.. _.:,--,..-4-;,, f 4' §` . ��,,y .i-• - '1 pp �."k £ sLa V '` ) r{� x ,.. ' _- -mas,_ _y a. pfam y kr ` _ 3 FF ! �(N ..: _ ........ ..• .`}. * .- _ t�.# - - r. `.'§ W a am' tF,wi C`t u .''.f,'. - s _ y 'F" ,p:-_ ��-^-�:. Fes, il •tt :,a 1 - J. _ _ate 7,--.4' - fitf-M-,Vff.,-.,. - -t.;,'N-.., -- P' � _ _ gam - '-":- , •Y- „e..x`- lv. W t :, '� f', y- - za5 T 4 _ rt '�'.� _ k fir •;, �s rya ' /�A ' 3 , .3''' �i' W ei'm-t -7A `" " vim /"� �. a ,r. - 1� ,� '!�, .resrc`� ,�ic OIDI 's;..7,* . /j ��.A. r `}£}t Fa c E :, -:.s.„:,:f_ _,.,,_7.,z_. . Z - od i t A�. � , y"$` ..,,1 '_ t :...„.„,. :_•.:._,_____.,_.,..____.. .._., - ir ill - -- • fit: - ��. �f' _. rv:-. •..,,,,,4ct., _7_:,..,,..1„,„ . ,--7:,....,,,;:`410' 1t; �` W _ _ j .^ 1 fE a. � n L `� m: f !. ra--. ..�.... :.�.., r _..•9,.�.,,..•..-+.. �;. _ -a.r -.,..r�r r i SUBBASIN #2B - TO PE 1B AMENI'TY PONDI SBASIN #1 -- #2A � , aI / / 41, / /.....4^-4,!!;-..1.,..;; , ",„1" ,, '. , 7 / 00 1-; /// • e, ,, .., ., - .4,,,, /, / ,/, „ - --, y t, . A.-,,, t, , ...„_,, ...... -,, , , /// /2, /,„„.,,,,„„.„,,,, / , , , ./,,,. . , / j j _• • r , 1 , / ..._ . ,„_ r .. xWW O� % s /� � / ` // � ;/ / � r// jr,` . .,,, / / / / 1pf/ ./.0.,;„,. / ,r/1 � ., , . 1,_ / ‘.,:.,-.,,.:,, / // / ,// ,, ,4Acii '',V,;9e:f;W,%*;?,00::,'",//ir-' ' j;':';22.*;:;:,;',%%';';;;;P:0;:::%"":/<;;* , i. / // s. �/ / //j/ :::::::: ,� %! `�J'.•:J � /// _ r.10 �' n susBAsnv #2B � � / ,,,,.. J.�� �� / �. U) o / i,/ %ff/y.%!i%/, �. ;%tip,::<!i% •ij,••� / %J'�J, / i X/�/.it/,,•,•'�� „.. �J 'l• '/ r. // �f:•7,r,,,, ,j} r iw` //„/;:j; %:r`,-:.� /,„„„:% , 7 r'r 0.;.,,, - r,,1./%, :/ /F„y,•. J.,v,v; �/ / / I ! 0 i / i�/i. / :% J%/v/� /f%ri,y.. ,r4ilJ!•:!/•✓' �i �i•''•%%'. ;rJ,%:./, J / � /. i O'',01 ,,//e-4'.e.r/. './/, , ,/ / rr,!:y///J,J�;,J.%/rJ��F,�F.•:,•i•`/F•: ;;4;/L:':�/;�,;,;r:: // ��jj/ / 1/ j /,'::%:ir ,i.J•i��: �fj J;r ;' .r,::: ,;::• ':,J r.J ' ., ,, :/// / /, ® ♦ � /4',.'fr;,•rr,•/�,Jr fr,%, ,',/.•,r./ ::,:!;:J i ,. •, rr:::,5. //i� //..• 7,777 1 j ,:/•:�/, ,G•y/,7•4•/J,'<,,:W%iJ:4:: % ';,riJ r,.! ri/:r,/,,i, /!�/////i' ! ! !'rr j Lg/!1/ii71,Y,;l; r:J,;:r�,i•ir ;.. ,J!„ •� .',•,. r j� �/r SCS TYPE A SOILS / J r r/// /. r%<'%"' , .r ,, % j i,,,,, ,,,. ,:f :FJ.,',/ <i // /// /fr f,/f�JFi f�•,• J i• / j r:r J//.J;r,. iv y/„• N• J ///i . :721 i t.. %, / f r%/,r r / r',,,,`r 'Crr.JrJr;,, f,, v;:;,,, ?.i :;% / // I' // '/ (,//f'r 4 r,r,/�; / , jj j%,/.fJr<,%fr rjr JJ i j-r /- j m / ./f J r..7,; / / <ir, ',„-;:!/ , / / ..4,i;!l r;;;L iJ r r,'�r> r. J/i r/ /� - 1/ / ..... S SJ .. r/,;./',/f q:}l /jf / /, /��////r�r/ /,r J:;;/. viY J•,::... S,,J•• ;.y'j �/�f W / / i ��//r'/ JJ/1 rr'/J,< 'r �ri/...„,4 ,.,,,„� !r�,ri r r,1,, - ,/ ./fr 4 .,,,,��/j Qi fI % 47.,,,,,/ •:, ,,/ rr , f / / ,,, // ' /'F+ /. r 1 rl / - /" „7i �i: • /9� , / , 1/J :, ,f//fJ< rl/. /' r A;-,:< lr J / :•�' J.%/�� <�/ /j f,r/ , <r.Jr:/� ,,,/✓// /',.rf {/r<,<< ,,///.r J;•J /'/ .. 'i/>��/` ��%�r / %r�<jj /, / 'rfli / j f r l r"rr ,/ /1/_r; / r f r /r' -./JJ,r /4</ rj ;,, 'f/ �< ! ! / ( r ///. //�'/,r�'/'i/�//i F f f J f//% rf r �,r� ,�,�• /f/ r�r�,� ��/,lip // / /'' r r i%`/'fr i/fr r .r' // / 7„.� rf�// �1 �/.,/<r/% �'rrf%f�f%</r fr/ /il. ,rir/ fu SCS TYPE i E B SOIL % ;///r�/!f//!// / i //� i�/,J/f,//f./,, /rr/''.' r. / ,+,/r�/%r <f </�//.l,�.'f•% !,f %/. 'f'; 'rfJ/✓�'"f%,,rj'f%,,�i- ., V i% '/ .'�'/'JJ,f r,/o;; / /, P://:,,,,,.•_7,(,/7/ ` , SCS �'37PE 'C' SOILSii:,./ . ,,,,,,/,;,,v4....,;,,,,,,,,-,. / /.._, SUBBASIN #2C o ! i o o r ,r N r. j I O u. C (n II N E SCS TYPE 'D' SOILS " X O m F. V. ra a I IIIII McADAMS PAT MCCRORY Governor ..+,a DONALD R. VAN DER VAART Secretory Energy,Mineral and Land Resources TRACY DAVIS ENVIRONMENTAL QUALITY Director April 26,2016 Nathan D.Benson,Manager Sandler at Shallotte,LLC 448 Viking Drive,Suite 220 Virginia Beach,VA 23452-7331 Subject: Stormwater Management Permits#SW8 070202 and#SW8 070834 Notice of Permit Extension and Notice of Inspection—Not Compliant San Rio-Phase 1,2A&3 High Density Subdivision Project Brunswick County Dear Mr.Benson: Effective August 1,2013,the State Stormwater program was transferred from the Division of Water Quality(DWQ)to the Division of Energy,Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5,2009,the Governor signed Session Law 2009-406.This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes,which was current and valid at any point between January 1,2008, and December 31,2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three(3)years from its current expiration date. On August 2,2010,the Governor signed Session Law 2010-177,which granted an extra year for a total of four(4)years extension. Accordingly,the Division is herewith notifying you that permit SW8 070202 is now effective from the date of issuance until February 15,2021 and permit SW8 070834 is now effective from the date of issuance until October 18,2021, which includes all available extensions. On April 14, 2016,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)conducted an inspection of San Rio located on Gray Bridge Road,Brunswick County,as a follow-up to the inspection conducted on March 28,2014.DEMLR's file review and site inspection revealed that the site is not in compliance with the terms and conditions of either the SW8 070202 permit or the SW8 070834 permit.Please fmd a copy of the completed form entitled"Compliance Inspection Report"attached to this letter,which summarizes the findings of the recent inspection. As indicated in the March 28,2014 and April 14,2016 attached inspection reports,the following deficiencies must be resolved: 1. Schedule of Compliance Condition II.6 of the permits states that:All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Verification of recorded easements for the stormwater collection and treatment system has not been provided to DEMLR. 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 1910 350 2004 F I htto://nortal.ncdenr.ore/web/lr/ mate ,wrmwater retltllt IN U. o w o v r V4114 State Stormwater Permit No. SW8 070834 Page 2 of 4. 2. Schedule of Compliance Conditions 1I.16 and I1.17 of the permits state that: Prior to the sale of any lot, the deed restrictions outlined in the permit must he recorded and sent to DEMLR within 30 days of recording with the county. Although lots have been sold in Phase 1,no recorded deed restriction documents have been submitted to DEMLR. 3. General Condition Ill.l which states that: The permit is not transferable to any person or entity except after notice to and approval by the Director.A Name/Ownership Change Form must be submitted to DEMLR by the current permittee accompanied by appropriate documentation from all the parties involved. AND Schedule of Compliance Condition 11.4.e. which states that: The permittee shall submit to the Director and shall have received approval for any modification to the approved plans, including, but not limited to further subdivision, acquisition or sale of all or part of the project area. During the file review for these two permits, it was discovered that the property had been further subdivided and conveyed to new owners as a result of bankruptcy and/or foreclosure proceedings. An email was sent March 13,2014 from Mr.Doug Talbot with Land Development Specialists, Inc.,to Mr. Chris Baker,DEMLR Engineer. The email stated that Mr.Talbot was performing due diligence on behalf of Wells Fargo Bank,who was the property owner at the time, in preparation of a new owner(s)purchasing the property,or portions thereof, from the Bank. On March 28,2014,Mr.Baker conducted an inspection of the site upon Mr.Talbot's request, and noted that various permit requirements had not been met,resulting in deficiencies at the site. It was also discovered during the Division's recent file review that the entire project area for this subdivision is now owned by three different owners which include: a. Stars & Stripes 21 LLC,c/o DSSII Holding Co.,LLC,Manager, 1123 Zonolite Road NE, Suite 30,Atlanta, GA 30306. b. Stars & Stripes 3N LLC, c/o DSSIII Holding Co.,LLC, Manager, 1123 Zonolite Road NE, Suite 30,Atlanta, GA 30306. c. Mr. Charles W. Parrish, 311 Park P1.,Newport News,VA 23601. To date,the deficiencies outlined in the March 28,2014, inspection report have not been corrected and there has been no follow-up from either you as the current permittee,or the new property owner concerning the further subdivision of the project area or the transfer of the permit. 4. Schedule of Compliance Condition 11.10 of the permits states that: Upon completion of construction,prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certing that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation.Any deviations from the approved plans and specification must be noted on the Certification. To date,DEMLR has not received any certifications from the permittee.At this point in time, since the subdivision has only been partially built, only a partial PE certification is required for the stormwater treatment systems that have been completed. 5. Schedule of Compliance Condition 11.13 of the permit states that: The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. During the April 14,2016 inspection it was observed that the portion of the system that has been built needs maintenance, including adding missing grates to the catch basins and to determine the cause of the sinking road and gutter near the catch basins.Leaking pipe joints or breaks in the pipeline are the most common cause of"sinking pavement syndrome". 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 I 910 350 2004 F I http://aortnl.ncdenr.ore/web/lr/ Male tuntiwdwi return PIu. vv o v i VLVL State Stormwater Permit No. SW8 070834 Page 3 of 4 To correct the deficiencies above the following actions must be completed by Sandler at Shallotte,LLC, the current permittee of record: 1. Verify that the stormwater collection system and approved BMP are located within properly recorded public rights-of-way,dedicated common areas,or drainage easements by submitting copies of the recorded plats. 2. Submit a copy of the recorded deed restrictions.Once the permit is transferred, any subsequent document recordings required by the new permit will be the responsibility of the new property owner,permittee,and/or declarant. 3. Submit a permit modification to deal with the subdivision of the project area. 4. Submit a completed and signed Name/Ownership Change Form to the DEMLR to address the ownership changes. These forms are available on our website at: https://deq.nc.gov/about/div isi ons/en ergy-mineral-land-resources/energy-mineral-land- permits/stormwater-permits/forms. Since there are 3 different entities that own various sections of the original subdivision, each will have to be covered by a permit.There are two options to either transfer the permits or for the new owners to apply for their own permit: Option 1 -Transfer both permits to Stars& Stripes 2I LLC,do DSSII Holding Co.LLC, 1123 Zonolite Road NE, Suite 30,Atlanta, GA 30306, since they own the majority of the partially built subdivision.After the transfer they could then consolidate the two permits into one and modify the consolidated permit to account for the changes to the project area. The other entities can then obtain a new permit for their portions of the original subdivision and any built-upon area(BUA) on their site. Option 2— a. Transfer SW8 070202 to Mr. Charles W.Parrish,311 Park Pl.,Newport News,VA 23601 since this 200+acre site has BUA already on the site. Once transferred,Mr. Parrish can modify the permit to show any changes to the project area,any existing or proposed future BUA and the conservation easement associated with the property. b. Transfer SW8 070834 to Stars& Stripes 21 LLC,c/o DSSII Holding Co.LLC, 1123 Zonolite Road NE, Suite 30,Atlanta,GA 30306,since they own the majority of the partially built Phase 2A&3 subdivision covered by this permit.After transfer,they can modify the permit to reflect any changes to the project area. c. Require Stars&Stripes 3N LLC,c/o DSSIII Holding Co.LLC, 1123 Zonolite Road NE, Suite 30,Atlanta,GA 30306,to obtain a new permit for the section of the original subdivision that they purchased. 5. Submit a partial certification to this office from the current permittee for the ponds and stormwater system that are built.You may also work out an agreement with the new permittees that they will provide the full certification of the system once the subdivision is completed. This agreement between you and the new permittees must be in writing, signed and notarized and a copy must be submitted with the permit transfer applications. 6. Perform the required maintenance on the permitted system before construction begins on any new homes. The new permittees must be informed of the maintenance issues on the site and that on- going routine maintenance is a requirement of the permit they will receive.Please provide written email or other documentation with the transfer application informing the new owners of the inspection and maintenance requirements. Please be advised that State Stormwater permits DO NOT automatically transfer with the sale or conveyance of the property. Until you submit the required Name/Ownership Change Form to the Division and receive approval to transfer the permit,you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit issued under Title 15A North Carolina Administrative Code 2H.1003 and North Carolina General Statute 143-214.7,including the operation and maintenance of the permitted stormwater system. 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 1910 350 2004 F I htta://portal ncdenr.ora/web/lr/ JLdLG JLV1111 W 0.LG1 IG11111L 1V V. J VT U vlv.:.vs. State Stormwater Permit No. SW8 070834 Page 4 of 4 Failure to provide the requested information, or to respond to this letter with a plan of action, including a reasonable timeline to resolve the identified deficiencies,by May 26,2016,are considered violations of the permit. If the requested information is not submitted to this office by the due date,then DEMLR staff will re-inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties. If you have any questions,please contact me in the Wilmington Regional Office, at telephone number (910)-796-7215 or via email at linda.lewisna,ncdenr.gov. Sincerely, Linda Lewis,E.I. Environmental Engineer III Enc: Compliance Inspection Report Name/Ownership Change Form GDS\arl: \\\Stormwater\Permits&Projects 12007\070202 HD\2016 04 CEl_deficient 070202 \\\Stormwater\Permits&Projects\20071070834 HD12016 04 CEI deficient 070834 cc: Stars& Stripes 21 LLC,c/o DSSII Holding Co.LLC(1123 Zonolite Road NE,Suite 30,Atlanta,GA 30306) Stars& Stripes 3N LLC, do DSSIII Holding Co.LLC(1123 Zonolite Road NE Suite 30 Atlanta,GA 30306) Mr.Charles W.Parrish,311 Park Pl.,Newport News,VA 23601 Brunswick County Building Inspections Georgette Scott,Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 127 Cardinal Drive Extension I Wiimington,NC 28405 910 796 7215 T 1910 350 2004 F I htto://oortal.ncdenr.ore/web/lr/ Compliance Inspection Report Permit: SW8070202 Effective:06/18/07 Expiration: 02/15/21 Project: San Rio Owner: Stars&Stripes 2i LLC County: Brunswick Adress: Gray Bridge Rd Region: Wilmington City/State/Zip: Shallotte NC 28459 Contact Person: Costa Alexiou Title: Phone: 404-480-4900 Directions to Project: From Wilmington,take US 17 south towards Shallotte,Exit onto SR 130(Holden Beach Road),turn right onto Gray Bridge Road and the site is approx.0.5 miles on the right. Type of Project: State Stormwater-HD-Detention Pond Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 04/14/2016 Entry Time: 01:OOPM Exit Time: 01:30PM Primary Inspector: Alida R Lewis Phone: 910-796-7215 Secondary Inspector(s): Georgette D Scott Reason for Inspection: Follow-up Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: El Compliant 111 Not Compliant Question Areas: State Stormwater (See attachment summary) page: 1 Permit: SVVB070202 Owner-Project: Stars&Stripes 2i LLC Inspection Date: 04/14/2016 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: The inspection was performed as a follow-up to the March 28,2014 inspection. The following compliance issues were observed at the site and during the file review: 1. The BMP's have not been certified. 2.A copy of the recorded deed restrictions has not been provided. 3. The permittee needs to verify that no lot has exceeded its permitted maximum BUA limit. 4. The permittee needs to perfomr the necessary maintenance items as found in the approved O&M agreement,to assure that the BMP's function at optimum efficiency. . 5.The permittee needs to address the ownership changes and permit transfer issues caused by the foreclosure. 6.The permittee needs to verify that the stormwater collection system and the permitted BMP's have been located in properly recorded drainage easements.The permittee also needs to verify that an access easement from the BMP to the nearest public right-of-way has been provided and recorded. page: 2 Permit: SW6070202 Owner-Project: Stars&Stripes 2i LLC Inspection Date: 04/14/2016 Inspection Type Transfer Renewal Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? • El ❑ 0 Signed copy of the Engineer's certification is in the file? f 1 U ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? I ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑ Comment: 1. The permittee has not certified the stormwater system. 2.The permittee has not provided a copy of any recorded deed restrictions for the project. Built Upon 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? ❑ ❑ ❑ U Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ 0 El III Comment: 3. The project is only partially built at this time.The permittee needs to ensure that the permitted maximum BUA limit for each lot is not exceeded. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? U ❑ n ❑ Are the inlets located per the approved plans? • ❑ ❑ ❑ Are the outlet structures located per the approved plans? U ❑ ❑ 0 Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ • El ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to 0 0 0 • DWQ upon request? Comment: 4. The property was in foreclosure for some time. The BMP's fell into a state of disrepair due to a lack of routine maintenance. The inspector observed that the prates for many of the catch basins were missing and that the pavement and gutter line were sinking near those catch basins. The inspector theorized that a pipe joint may have broken or may be leaking underground. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? • ❑ ❑ ❑ Comment: 5. Due to the foreclosure, it appears that the project has been split up and is now owned by several different entities. Each entitty will need a separate permit for thier part of the San Rio subdivision development, or the existing permits will need to be transferred to the new owners. 6.Verification is needed that all required drainage easements have been recorded page: 3 Compliance Inspection Report Permit: SW8070202 Effective: 06/18/07 Expiration: 02/15/21 Owner: Sandler at Shallotte LLC Project: San Rio County: Brunswick Gray Bridge Rd Region: Wilmington Shallotte NC 28459 Contact Person: Nathan D Benson Title: Phone: 757-463-5000 Directions to Project: From Wilmington,take US 17 south towards Shallotte,Exit onto SR 130(Holden Beach Road),turn right onto Gray Bridge Road and the site is approx.0.5 miles on the right. Type of Project: State Stormwater-HD-Detention Pond Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 03/28/2014 Entry Time: 03:00 PM Exit Time: 03:30 PM Primary Inspector: Christopher Baker Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: 0 Compliant 0 Not Compliant Question Areas: State Stormwater (See attachment summary) Page: 1 Permit: SW8070202 Owner-Project: Sandler at Shallotte LLC Inspection Date: 03/28/2014 Inspection Type: Transfer Renewal Reason for Visit: Routine Inspection Summary: File Review Yes No NA NE Is the permit active? C ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 01100 Signed copy of the Operation&Maintenance Agreement is in the file? 00 . 0 Copy of the recorded deed restrictions is in the file? 0 • 0 0 Comment: 1) The development is only partially built. Even so the deed restirctions should have been recorded and it is part of the permit that the developer will send a copy of the deed restrictions to our office as they become part of the file and part of the permit. 2) An engineers certification is a requirement of the permit and is typically executed near completion of the project or upon completion of a particular phase of phased projects. A certification should be submitted on the portion of the stormwater treatment systems that has been construted. This is typically refered to as a partial certification. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 11000 Are the inlets located per the approved plans? ■ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 0 ■ 0 upon request? Comment; Page: 2 Google Maps Page 1 of 1 Sant Felipe,Yi• (7/1 !),5 / ae4 OC,Svf, . Sgi iRolPalk.w kr, i ) 1 ; 01)0 I e c v r4 T G? sc fc e ° G7 pi. k -- 0. r • 111r I G'r ----J1%-- / t, 14. qra Rivers Edge Golf ..'`Club and p. rn ' tr ', s" o to ilk b we il \ t la% Rives Edge Advanced'Timber Golf Club Grill rt L0 ,u.'sz1 nds 4. Custom Builders olr l3erw,�k St suw +one witttr sw k1 (1ak,Dr g+ib ys 46114 , di t Map data©2014 Google 1000 ft https://www.google.com/maps/@33.9656253,-78.3435251,15z7h1=en 3/26/2014 Baker, Chris From: Doug Talbot[dougtalbot@landdevelopmentspecialists.com] Sent: Thursday, March 13, 2014 11:14 AM To: Baker, Chris Cc: Scott, Georgette; Gary Lathe Subject: San Rio Stormwater Status-SW8-0702 Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Chris, I reviewed the existing permits with Georgette Scott today regarding the San Rio project in Brunswick County and Shallotte ETJ. I am providing due diligence for a purchase from Wells Fargo Bank the existing owner. I would like to request an inspection to determine the status of the permits and requirements from DENR to bring the site into compliance. Please feel free to contact me with any questions regarding the site. The code to open the gate at the front entrance is 1953. Thank you, Douglass S.Talbot Land Development Specialists,Inc. Post Office Box 4937 Pinehurst,NC 28374 910-639-3218 1 0 1 DL 1L P014 T z z0ez Y . w 111111111111111111111111111111 1111 Rob.rt 3. Robinso�T T 003 �R'� Brunswick County, NC Register of Deeds pays 1 o 33 10111a7;111.. VW* Ind isle . resente _ "` Total Rev - Int. / ' ": / j Ck$ _ Ck# �.Cash$- f" Refund: Cash S Flume ©Portions of document are Illegible due to condition of original. ❑Document contains seals verified by original Instrument thztcannot to reproduced or copied. CONSERVATION EASEMENT STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS CONSERVATION EASEMENT("Conservation Easement")is made as of this dCday of December,2007,by and between SHALLOTTE NORTH,L.L.C.,a Virginia limited liability company qualified to do business in North Carolina("Grantor"),having an address of 448 Viking Drive, Suite 220,Virginia Beach,Virginia 23452.Attn: Nathan D. Benson.. Manager; and THE NORTH CAROLINA AGRICULTURAL FOUNDATION,INC.,a North Carolina non-profit corporation("Grantee"),having an address of College of Agriculture and Life Sciences,North Carolina State University,Campus Box 7645,Raleigh,North Carolina 27695. RECITALS AND CONSERVATION PURPOSES A. Grantor is the sole owner in fee simple of certain real property containing approximately 224.38 acres in Brunswick County,North Carolina,which is more particularly described on Exhibit A,attached hereto and incorporated herein by reference(hereinafter referred to as the"Property"). B. Grantee is a tax-exempt public charity under Sections 501(c)(3)and 509(a)(2)of the Internal Revenue Code of 1986,as amended(the"Internal Revenue Code"),is authorized by the laws of the State of North Carolina to accept,hold and administer conservation donations, possesses the authority to accept and is willing to accept the Property under the terms and conditions hereinafter described,and is a"qualified organization"and an"eligible donee"within the meaning of Section 170(h)(3)of the Internal Revenue Code and regulations promulgated thereunder. • ��n �7Ragotin6i0:133f:� ?�0037 JOVII1111111111111 r '{ nerds 33 Br �,.wiek y Property, together with the right to preserve and protect the Conservation Values thereof as described in the Recitals herein,such Conservation Easement and the restrictions contained herein to run with the land. This Conservation Easement shall be held,maintained and used for the purposes described above to preserve and protect the Conservation Values of the Property. Article I. Duration of Easement This Conservation Easement shall be perpetual. It is an easement in gross,runs with the land,and is enforceable by Grantee against Grantor,Grantor's representatives,successors, assigns,lessees,agents and licensees. Article U. Prohibited,Restricted and Permitted Activities. The Property shall be maintained in its natural, scenic and open condition and shall be restricted from any development that would significantly impair or interfere with the Conservation Values of the Property. Any activity or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited;provided,however,all rights reserved by the Grantor are considered to be consistent with the conservation purposes of this Conservation Easement and require no prior notification to or approval by the Grantee unless expressly provided hereunder. Notwithstanding the foregoing,Grantor and Grantee have no right to agree to any activity that would result in the Property failing to qualify as a"qualified conservation contribution"as described in Section 170(h)of the Internal Revenue Code or any regulations promulgated there under,or as a "qualified conservation easement"as described in Section 2031 (c)(80B)of the Internal Revenue Code or any regulations promulgated thereunder. Without limiting the generality of the foregoing,the following activities and uses are expressly prohibited,restricted,permitted or reserved as follows: 6 iter 20°' 111111111111111141111111 obey t P015 1ns� ii.003 Brunswick County, egister of Deeds page 7 of 33 A. Industrial or Commercial Use. Industrial or commercial use of the Property is prohibited, except the uses and activities allowed under the other Sections hereof, provided however,that all such activities must be conducted in a manner consistent with the Conservation Values of this Conservation Easement: (1) Forestry and timber uses as provided in this Article IL (2) Fishing,hiking,nature study,research,education, forest systems demonstration,public education,and similar passive or "eco-tourist"type recreational activities and uses of the Property; provided,however,that ail such activities must not significantly impair or interfere with the Conservation Values of the Property as set forth in the Recitals hereinabove. Furthermore, such uses shall not violate the standards set forth in Section 2031(c)(8)(B)of the Internal Revenue Code,which prohibits more than a"de minimis" use for a commercial recreational activity. B. Naturally Surfaced Walking and Hiking Trails. Naturally surfaced walking and hiking trails may be constructed and maintained on the Property. Such trails shall be located at a sufficient distance from the top of the bank of Sharron Creek and any other stream,creek or watercourse to avoid adverse impacts on the stream,creek or watercourse, unless such locations are physically impracticable. All necessary care shall be taken to not cause or allow sedimentation either during or after construction. C. Forestry and Timber Use. Silvicultural use of the Property,including but not limited to selective timber thinning and harvesting, timber stand improvement,reforestation, prescribed burns,pine straw raking, construction of fire line breaks,is allowed;provided, however: 7 f 1111111111111111111111111111111111111111111111p2722M 12_1;77 ��� ,6:38:1,.008 Brunswick County, NC Register of Deeds' Robinson page 9 of 33 The net proceeds from the sale of timber from any such silvicultural use of the Property,after expenses,shall belong to the Grantee,its successors and assigns. All such silvicultural uses may be conducted by Grantor or Grantee,in conformity with the terms and provisions of this Conservation Easement. D. Prohibited Uses and Improvements. There shall be(1)no residential development or commercial,manufacturing or industrial development,activities or uses undertaken or allowed on any portion of the Property except as otherwise provided in this Conservation Easement,and(2)no right of passage or access across or upon any portion of the Property if that right of passage or access is used in conjunction with residential development or commercial,manufacturing or industrial development,activity or use,except to the extent such development,activity or use is specifically authorized herein. In addition,there shall be no construction or placing on the Property of any new temporary or permanent buildings or other improvements or fixtures on the Property(including without limitation,any signs,billboards,or other advertising material.landing string.towers.radio transmission antennas.cellular phone transmission antennas or other structures)except(1)to the extent(if any)provided in this Conservation Easement,(2)reasonable limited impact structures and facilities of Grantee for research and educational purposes,and(3)an area of not more than one acre and a building(not to exceed 2,500 square feet)for potential housing for North Carolina State University faculty or students participating in research and educational activities and to house property managers,staff or naturalists,which may be constructed and maintained by Grantee. Furthermore, all outdoor lighting shall be placed and shielded so as to minimize impact on surrounding areas. E. Subdivision. There shall be no dividing or subdividing of the Property other than as described herein nor conveyance except in the current configuration in its entirety. 9 ���111 12-27-2007 • h1111111111 PV . ;f33 lIlUN1KC )=I.r oP•O• F. Water Quality. Wetlands and Drainage. There shall be no alteration of natural drainage patterns,no draining,filling, dredging or diking of wetlands,no withdrawal of sub-surface waters,no discharging or releasing into waters or wetlands and no activities that result in impairment to water quality or wetlands. G. Roads. Any existing parking areas and access or service roads on the Property may be repaired and maintained. Additional driveways,access or service roads, walkways or trails to accommodate permitted improvements on the Property and reasonably necessary to engage in activities permitted hereunder may also be constructed. All such roads, walkways or trails shall be constructed using permeable materials(e.g. sand,gravel,crushed stone). Existing roads shall be used whenever possible for access. H. Development Rights. No development rights which have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. I. Non-Commercial Dumping. Dumping or discharging of contaminated soil,abandoned vehicles,appliances or machinery or other similar material on the Property is prohibited. Composting of biodegradable material or use of such materials to improve the Property is allowed. Manure,natural bedding and other organic materials may be deposited and spread on the Property as fertilizer. Disposal of storm debris,dead leaves,vegetable matter and other biodegradable matter by depositing and burning said material in appropriate areas is allowed. Any permitted use shall be carried out in a matter consistent with any applicable federal, state and local laws and regulations and the Conservation Values and purposes. J. Excavation. Except as appropriate to accommodate the activities expressly permitted in this Conservation Easement,there shall be no ditching,draining,diking, 10 • • • II1Ii11iI)MjlkL111IiiIr tr R . Rlio3 filling,excavating,dredging,removal of topsoil,sand,gravel,rock,minerals or other materials, mining,drilling, or removal of minerals,or any change in the topography of the Property or disturbance of the soil in any manner. No surface mining or mining of subsurface material that disturbs the surface of the Property is permitted. K. Preservation of the Property. Grantor and Grantee recognize that this Conservation Easement cannot address every circumstance that may arise in the future,and the parties agree that the purpose of this Conservation Easement is to preserve the Property predominantly in its present condition and to protect or enhance the Property's natural communities,usefulness to rare or threatened species,contributions to improved water quality and Conservation Values. Without limiting the covenants and restrictions contained in this Conservation Easement,any use or activity which is not reserved in this Conservation Easement and which is inconsistent with the purposes or Conservation Values or which materially threatens the Conservation Values is prohibited. L. Existing Improvements. The existing improvements on the Property, consisting of a small parking area and trailer,may continue to exist on the Property and may be maintained or replaced with other structures or improvements of similar size and purpose. However,such improvements may not be expanded,and there shall be no new building, addition,structure,trailer,mobile home or modular home,except as otherwise specifically provided in this Conservation Easement. M. Reservation of Rights:Mineral Right. . Grantor specifically reserves to itself and its successors and assigns the other rights accruing from its ownership of the Property, including specifically the right to sell, give or otherwise convey the Property, subject to the terms and provisions of this Conservation Easement. Subsurface gas,oil and other hydrocarbon rights are reserved by the Grantor and not conveyed to the Grantee. It is provided,however,that 11 7 111111"1l1ll111!!1!!B!1!l1�1!I Buzz )76 x 1:„:?.ee3 Brunswick County, NC Register of Deeds page 15 of 33 shall activities be conducted on the Property that could cause erosion or siltation on the Property unless authorized herein. S. Water Quality. Grantee shall ensure that activities on the Property do not have a material adverse effect on water quality. T. Vehicles. There shall be no operation or use of dune buggies, motorcycles,four-wheelers,all-terrain vehicles or any other types of off-road motorized vehicles on any portion of the Property consisting of streams,wetlands,bottomland forest or other environmentally sensitive portions of the Property,except and only to the extent such use is: (1) Reasonably necessary to engage in permitted activities(such as maintenance activities, security patrols,research, education and permitted recreational activities);and (2) Performed in a manner that does not materially adversely affect the Conservation Values of the Property. All vehicle use on the Property shall be conducted in such a manner as to minimize its impact on the Conservation Values of the Property. Article III. Enforcement and Remedies. A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of Grantee,Grantee shall, except as provided below,notify Grantor in writing of such breach by Grantor. Grantor shall have ninety(90)days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety(90)days,Grantee may enforce this 15 �z z7 zmm7 • 1 �inson:l l.003 1111111111111111411111111 Brunswick County, egiser� of Deeds page 18 of 33 Conservation Easement by appropriate legal proceedings including damages,injunction or other relief. Grantee shall also have the power and authority to institute and maintain any suits and proceedings as Grantee may deem advisable in its judgment: (1) To prevent any impairment of the Property by acts which may be unlawful or in violation of this Conservation Easement; (2) To otherwise preserve or protect its interest in the Property; (3) To seek damages from any appropriate person or entity; or (4) To require that the Property be restored promptly to the condition required by this Conservation Easement. Notwithstanding the foregoing,Grantee reserves the immediate right,without notice,to obtain a temporary restraining order,injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversible or otherwise materially impair the benefits to be derived from this Conservation Easement. Grantor and Grantee acknowledge that under such circumstances damage to Grantee would be irreparable and remedies at-law would be inadequate. Notwithstanding anything hereinto the contrary,Grantor shall not have any liability for damage to the Property resulting from,or duty to restore,any portion of the Property damaged by any acts in violation of the terms of this Conservation Easement unless such acts are committed by or at the direction of Grantor. B. Acts Beyond Grantor Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor nor constitute a breach by Grantor,for any injuries to,change in, or any condition or use of the Property caused by third parties or resulting from causes beyond Grantor's control,including,without limitation, acts of God, fire, flood, storm and earth movement,illegal dumping of materials,or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate,or 16 12 27 2087 IIIl1LIIuijijjjJfiuLLARiiiiIijr � mitigate significant injury to life,damage to property or harm to the Property resulting from such causes. Grantor shall also have no liability or responsibility for actions or activities on the Property by Grantee,or Grantee's agents,employees,invitees or licensees. C. Cost of Enforcement. Any cost incurred in enforcing the term of this Conversation Easement against one of the parties,including,without limitation,costs of restoration necessitated by the actions or omissions of a party in violation of the terms of this Conservation Easement, shall be borne by the party causing such violation,except normal inspection cost. If no enforceable compliance violation is found,there shall be no light or entitlement to reimbursement of costs. D. No Waiver. Any forbearance to exercise rights hereunder in the event of any breach of any terms set forth herein shall not be deemed or construed to be a waiver of such term or any subsequent breach of the same or of any other term of this Conservation Easement or rights hereunder. No delay or omission in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. E. Right to Judicial Determination. The parties hereto shall have the right to judicial determination in the event of a controversy between the parties. The parties hereby submit to the jurisdiction of the State of North Carolina,agree that any proceeding shall be brought in the State Courts of the State of North Carolina or in the U.S.District Court for the Eastern District of North Carolina and waive any objection to venue if such action is brought in New Hanover County or Brunswick County,North Carolina. F. Third-Party Right of Enforcement to State of North Carolina. In the event that the parties hereto fail to enforce any of the terms of this Conservation Easement,as determined by the Attorney General of the State of North Carolina,then at the option of said 17 II�IIII LJ. R0bF\5033IIuunw fill I l�Itl C egist.r Brunswick Attorney General,the State of North Carolina shall have the right to enforce the terms of the Conservation Easement through any and all authorities available under state law. Article IV. Condition of Property. Property Condition. The parties acknowledge that the Property is currently undeveloped land,with no improvements other than soil roads,a small parking area and a trailer all as more particularly described in the Report referenced herein,and zoned as a Planned Unit Development by Brunswick County,North Carolina,which allows for the construction of 377 single-family units and approximately 4.5 acres of commercialhighway business uses. Subject to the restrictions and provisions hereof,Grantor covenants that it is the sole owner and seized of the Property in fee simple and has good right to convey the Property to Grantee, subject to matters of record. Article V. Miscellaneous. A. Subsequent Assignment and Transfers. Grantor agrees for itself',Grantor's successors and assigns,to notify Grantee in writing of the names and addresses of any party to whom the Property or any part thereof,is to be transferred at or prior to the time said transfer is consummated. Grantor, for itself,Grantor's successors and assigns, further agrees to make specific reference to this Conservation Easement in a separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the Property is conveyed. B. Conservation Purpose. (1) Grantee, for itself,its successors and assigns agrees that this Conservation Easement shall be held exclusively for conservation purposes,including those set forth in Section 170(10(4)(A)of the Internal Revenue Code. 18 11111llll 111111llllll11i! '111111 B2722 7 5,71731 03 Brunswick County, NC Rspister of Dssds 'tire of 33 (2) In the event that Grantee attempts to terminate,transfer or otherwise divest itself of any rights,title or interests in this Conservation Easement in violation of the terms set forth in this Article V or without the prior consent of the State of North Carolina,then at the option of the Attorney General of the State of North Carolina,all right,title and interest in this Conservation Easement shall become vested in the State of North Carolina. (3) Subject to the contingent rights of the State of North Carolina set forth above,the parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable in whole but not in part,provided,however,that Grantee hereby covenants and agrees,that in the event it transfers or assigns its interests in this Conservation Easement,the organization receiving the interest will be the state or federal government or a qualified organization as that term is defined in Section 170(h)(3)of the Internal Revenue Code(or any successor section)and the regulations promulgated thereunder,which is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A), subparagraphs(i),(ii)or(iii)of the Internal Revenue Code,and a qualified Holder as that term is defined in N.C.Gen. Stat. Chapter 121,Article 4. Grantee further covenants and agrees that the terms of any such conveyance or transfer will be such that the transferee or grantee will be bound by the terms of this Conservation Easement. 19 • 12-27-2007 217 ti Roblin 11.005 Jis11of DeedsP 22of33 11511MIIMIIP r� Jot County, to,and not in limitation of,any rights they may have at common law. C. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the North Carolina enabling statute set forth in N.C. Gen. Stat. § 121-34,et seq.which authorizes the creation of Conservation Easements for purposes including those set forth in the Recitals herein,and the Conservation Purposes of this Conservation Easement,including such purposes as are defined in Sections 170(hX4)(A)and 2031(c)(8)(B)of the Internal Revenue Code. D. Recording. This instrument and any amendments hereto shall be recorded in a timely manner in the office of the Register of Deeds of Brunswick County,North Carolina, and may be re-recorded at any time as may be required to preserve the terms hereof and the rights of the parties hereunder. E. Notices. Any notices shall be sent by registered or certified mail,return receipt requested, addressed to the parties as set forth below,or to such other addresses as such parties may establish in writing to the other. All such items shall be deemed given or made three (3)days after being placed in the United States mail as herein provided. The addresses are as follows: Grantor: Shallotte North,L.L.C. 448 Viking Drive, Suite 220 Virginia Beach,VA 23452 Attn: Nathan D.Benson,Manager Telephone: 757.463.5000 Grantee: The North Carolina Agricultural Foundation,Inc. College of Agriculture and Life Sciences North Carolina State University Campus Box 7645 Raleigh,NC 27695 Telephone: 919.515.2000 22 SAN RJI)-PHASE 2 HYDROLOGIC CALCULATIONS J.ALDRIDGE,El WDL07020 Pre-Development-Subbasin 2A 8/20/2007 L SCS CURVE NUMBERS Cover Condition SCS CN Comments Impervious 98 - Open 56 Assume good condition Wooded 49 Assume good condition IL PRE-DEVELOPMENT ySubbasin#2A A. Watershed Breakdown San Rio-Phase 1 Roadway Impervious= 0.10 acres Contributing Area SCS CN Area[acres] Comments Onsite impervious 98 0.10 - Onsite open 56 0.01 Assume good condition Onsite wooded 49 86.13 Assume good condition Onsite pond 100 0.00 - Offsite impervious 98 1.47 - Offsite open 56 1.87 Assume good condition Offsite wooded 49 7.07 Assume good condition Offsite pond 100 0.00 - Total area= 96.65 acres 0.1510 sq.mi. Composite SCS CN= 50 %Impervious= 1.6% B. Time of Concentration Information Time of concentration is calculated using SCS TR-55. Segment 1:Overland Flow Segment 2:Concentrated Flow Length= 100 ft Length= 1422 ft Height= 2 ft Height= 9.6 ft Slope= 0.0200 ft/ft Slope= 0.0068 ft/ft Manning's n= 0.40 Woods-light underbrush Paved 7= No P(2-year/24-hour)= 4.6 inches(Shallotte) Velocity= 1.33 ft/sec Segment lime= 1Z91 minutes Segment Time= 17.88 minutes Segment 3:Channel Flow . Length= 2552 ft Height= 16.9 ft Slope= 0.0066 ft/ft Manning's n= 0.045 Natural Channel Flow Area= 25.00 sf(Assume S'x 5'Channel) Wetted Perimeter= 15.00 ft(Assume 5'x 5'Channel) Channel Velocity= 3.79 ft/sec Segment Time= 11.23 minutes Time of Concentration= 47.02 minutes SCS Lag Time= 28.21 minutes(SCS Lag=0.6*Tc) = 0.4702 hours Time Increment= 8.18 minutes(=0.29*SCS Lag) SAN R•O-PHASE 2 HYDROLOGIC CALCULATIONS J.ALDRIDGE,El WDL 07020 Pre-Development-Subbasin 2A 8/20/2007 Reach#2A Channel Flow Length= 2540 ft Height= 16.5 ft Slope= 0.0065 ft/ft Manning's n 0.045 Natural Channel Flow Area= 25.00 sf(Assume 5'x 5'Channel) Wetted Perimeter= 15.00 ft(Assume 5'x 5'Channel) Channel Velocity= 3.75 ft/sec Segment rime.— 11.28 minutes SAN RIO-PHASE 2 PRE-DEVELOPMENT WATERSHED J.ALDRIDGE,El WDL-07020 SOIL INFORMATION 9/20/2007 Subbasin 2A Soils Information Symbol Name Hydrologic Soil Group BaB Baymeade fine sand A Bn13 Blanton fine sand A KrB Kureb fine sand A Lo Leon fine sand B/D* Mk Muckalee loam D To Torhunta mucky fine sandy loam C *As a conservative measure, 'B/D'soils were modeled as HSG'B'. References: 1. SOIL SURVEY:BRUNSWICK COUNTY,NORTH CAROLINA.UNITED STATES DEPARTMENT OF AGRICULTURE:SOIL CONSERVATION SERVICE(IN COOPERATION WITH NORTH CAROLINA AGRICULTURE EXPERIMENT SECTION),SHEET 16. 2. SCS TR-55.UNITED STATES DEPARTMENT OF AGRICULTURE.SOIL CONSERVATION SERVICE.1986. %HSG A= 41% %HSGB= 29% HSG C= 30% %HSG D= 0.04% Conclusion Watershed soils are from'HSG A, 'HSG B, 'HSG C,&'HSG D'. The relative percentage of each HSG was calculated These percentages were then used in the computation of the composite curve number. Cover Condition SCS CN-HSG A Impervious 98 Open 39 (Assume Good Condition) Wooded 30 (Assume Good Condition) Cover Condition SCS CN-HSG B Impervious 98 Open 61 (Assume Good Condition) Wooded 55 (Assume Good Condition) Cover Condition SCS CN-HSG C Impervious 98 Open 74 (Assume Good Condition) Wooded 70 (Assume Good Condition) Cover Condition SCS CN-HSG D Impervious 98 Open 80 (Assume Good Condition) Wooded 77 (Assume Good Condition) Cover Condition COMPOSITE SCS CN Impervious 98 Open 56 (Assume Good Condition) Wooded 49 (Assume Good Condition)