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HomeMy WebLinkAbout83-05 TX 09/2013 Wells Fargo NA ..... ....... .........,,,r.............. . r Permit Class Permit Number TRANSFER 83-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission grit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Wells Fargo NA, C/O Ryan Connelly, 90 South Seventh St.,3rd Floor, Minneopolis, MN 55402 Authorizing development in Craven County at Duck Creek, SR 1609 - Galloway Street , as requested in the permittee's application dated 10/7/04 (MP-1, MP-3, &MP-6) & 12/15/04 (MP-4), including the attached workplan drawings (19) all dated revised 1/4/05 This permit, issued on Sentemher 17,2013 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action;or may cause the permit to be null and void. Marina 1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed and operable, and maintained for the life of the marina. 2) The marina facility shall display a sign showing the location of the on-site pumpout facility, including other appropriate waste disposal information, on each of the 6' wide fixed access piers. 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure.(See attached sheets for Additional Conditions) RECEIVE This permit action may be appealed by the permittee or Signed by the authority of the Secretarycl5the other qualified persons within twenty(20) days of the issuing Chairman of the Coastal Resources Commis F„h1�( ��lI date. An appeal requires resolution prior to work initiation or continuance as the case may be. DC M— M H Et g- 4 This permit must be accessible on-site to Department personnel when the project is inspected for compliance. ;�.. Br &n C. Davis, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2014 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Wells Fargo NA Permit 983-05 Page 2 of 4 ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit authorizes a maximum of 105 boat slips. 10) During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington,NC 27889 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) RECEIVED DCM- MHn MTY ------------ Wells Fargo NA Permit#83-05 Page 2 of 4 ; ADDITIONAL CONDITIONS 4) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 5) Any portion of the permitted access pier and docking facilities built over coastal wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 9) This permit authorizes a maximum of 105 boat slips. 10) During construction and/or operation of the authorized travel lift, care should be taken to ensure that no filling or excavation of the adjacent coastal wetlands area takes place. Such filling shall be considered a violation of this permit for which the permittee is responsible. 11) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington, NC 27889 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.) RECEIVED nr.hAo R4Hn (`ITV Wells Fargo NA Permit#83-05 Page 3 of 4 ADDITIONAL CONDITIONS Stormwater Management 13) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW7050508 on 5/19/05. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 14) Any building constructed shall comply with the applicable provisions of the North Carolina Building Code and the local flood damage prevention ordinance as may be required by the National Flood Insurance Program. 15) This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas, even temporarily. 16) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 17) All development within 50 feet of the normal water level shall be consistent with Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 18) The permittee shall implement in its entirety the Operations and Maintenance Manual for Rivershore Marina dated 10/7/04. RECEIVED OCT 06 2015 DCM- MHD CITY Wells Fargo NA Permit#83-05 Page 4 of 4 ADDITIONAL, CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 050149. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200510469. NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009-406, as amended by Session Law 2010-177. RECE!. OCT 0.6 DC M- M H'.'- ".Vm. NCDEENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary September 17, 2013 Wells Fargo NA c/o Ryan Connelly 90 South Seventh ST.,3`d Floor Minneapolis,MN 55402 r Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act,and where applicable,the State Dredge and Fill Law,for you to proceed with your project proposal.The original(buff-colored form)is retained by you and it must be available on site when the project is inspected for compliance.Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing pursuant to NCGS 113A-121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714,(919)733-2698 within twenty(20)days of this decision on your permit.You should also be aware that if another qualified party submits a valid objection to the ° issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application.Modifications,time extensions,and future maintenance requires additional approval.Please read your permit carefully prior to starting work and review all project plans,as approved.If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time,Department personnel will visit the project site.To facilitate this review,we request that you complete and mail the enclosed Notice Card just prior to work initiation.However,if questions arise concerning permit conditions,environmental safeguards,or problem areas,you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. "', Sincerely, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave.,Morehead City,NC 28557 Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer E E DCM Coordinator: r Permit#: MAILING DISTRIBUTION SHEET Permitee• Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City ✓' Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott(NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill-Early Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) Marine Fisheries: Anne Deaton Jeannie Hardy NC DOT: Ken Pace Shellfish Sanitation: Patti Fowler State Property: Tim Walton Water Quality: Karen Higgins (Raleigh) John Hennessy(NC DOT) Washington: Anthony Scarbraugh-401 Scott Vinson-Stormwater Wilmington: Joanne Steenhuis—401 Chad Coburn- 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn(WARD) Vacant(WIRO) LPO: Fax Distribution: Permitee#: / Agent#: RECEIVED 41T" CC APR 2 9 2013 f AUTHORIZATION TO ACT AS REPRESENTATIVE FORM DCM-MHDCITY r Landowner of record authorizes East Carolina Consulting, LC(ECC)and their subcontractors to: 1. Enter the property to gather environmental and site information,including delineation of environmental regulatory jurisdictions; 2. Enter the site or coordinate Site visits by regulatory agencies(i.e.U.S.Army Corps of Engineers, NCDENR including Division of Coastal Management,Division of Water Quality, Division of Land Quality,etc.)as needed to review regulatory alignment(s)and to identify additional regulatory jurisdictions;and 3. Submit plats and other information to acquire regulatory agency confirmations and/or approvals (i.e. County and/or City governing offices, U.S.Army Corps of Engineers,NCDENR including Division of Coastal Management, Division of Water Quality, Division of Land Quality,etc.);and 4. Provide authorization for ECC to act as your agent for the purposes of obtaining environmental permits, local approvals,and/or other authorizations involving consultants and contractors. Wells Fargo Bank, N.A. (Attn. Ryan Connelly) Owner Duck Creek SR 1609 New Bern NC Property Description/County 2-036-800 PqwneSig er ll b IZ ture Date I, ly�`N4Ct�'iC 4-f�.l,a Notary of the Countyof nn t i I� State of Irvt ,hereby certify that i�� f t1 (�`� appeared personally before me this day and being duly sworn acknowledged that the above letter was executed by him. Witness my hand and notarial seal,thisld_day of NOV 20 k L ( -3 1- Z ID (S^ Notary My commission expires SEAL ECC, LLC DONNA MARIE REID 40 2� Notary Public Minnesota > My Comm.Expires "' Jan 31.2015 RECEr✓ED SECRETARY'S CERTIFICATE APR 2 9 2013 WELLS FARGO BANK,NATIONAL ASSOCIATION DCM-WM CI, I,Patricia A.Ruedenberg,hereby certify that I am an Assistant Secretary of Wells Fargo Bank,National Association, a national banking association organized and existing under the laws of the United States of America(the"Bank"),and 1 hereby further certify as follows: 1. The following is a true and correct extract from resolutions duly adopted by the Board of Directors of the Bank on November 25,2003,as amended, and no further modification,amendment, rescission or revocation of such resolutions has occurred affecting such extract as of the date of this certificate. RESOLVED,that agreements, instruments,or other documents, including amendments and modifications thereto,relating to or affecting the property or business and affairs of the Bank,whether acting for its own account or in a fiduciary or other representative capacity,may be executed in its name by the persons hereinafter authorized; FURTHER RESOLVED,that for the purposes of these resolutions,"Executive Officer"shall mean any person specifically designated as an Executive Officer of the Bank by resolution of the Board of Directors,and "Signing Officer" shall mean the Chairman of the Board,the President,any Senior Executive Vice President, any Executive Vice President,any Senior Vice President,the Treasurer,any Vice President,any Assistant Vice President,any person whose title includes the word"Officer"(e.g.,Commercial Banking Officer, Personal Banking Officer, Trust Officer),or any other person whose title has been or is hereafter designated by the Board of Directors as a title for an officer of the Bank,and such officers are hereby authorized to sign agreements, instruments and other documents on behalf of the Bank in accordance with the signing authorities conferred in Parts A,B and C of these resolutions; C. Signing Officers FURTHER RESOLVED,that any Signing Officer,acting alone,may execute on behalf of the Bank,whether acting for its own account or in a fiduciary or other representative capacity: 3. [Real Property.] Agreements, instruments,certificates and other documents which establish,evidence, modify or terminate, in whole or in part,the Bank's security interest in real property or in any mineral,well or water rights pertaining to real property, including without limitation any and all deeds,easements, liens,deeds or declarations of trust,mortgages,assignments,acknowledgments of assignment,assumption or subordination or non-disturbance or attornment agreements,cancellations and other terminations of RECEIVED insurance or guaranties, substitution of trustees,releases, APR 2 9 2013 satisfactions,discharges,reconveyances,acceptances,allonges,note endorsements or cancellations,certificates of redemption, DCM MIM CITY assignments of sheriff's certificates, subdivision and other maps, conditions,covenants and restrictions,encumbrances,agreements and other instruments, including instruments which convert an interest in real property to a condominium or otherwise modify the nature or intended use of such property as set forth in any map,lot- line adjustment or other land-use documentation required by any governmental entity;and any consents,waivers,modifications, estoppels,requests,demands,claims for or check endorsements representing insurance proceeds,notices,certificates, statements, memoranda,applications,permits,notices of default,elections to sell or cause to be sold real property securing any extension of credit made by the Bank,notices to a trustee under any deed of trust or under any other document relating to such property or credit, set- aside and other letters and other agreements, instruments and other documents which may be necessary or appropriate in the discretion of a Signing Officer for the purpose of servicing such credit or enforcing the rights of the Bank thereunder or foreclosing on such credit or disposing of such property, including without limitation powers of attorney,bills of sale,deeds,escrow instructions, affidavits,real estate brokerage agreements, listing agreements and other agreements,instruments and other documents which may be necessary or appropriate in the discretion of a Signing Officer for the purpose of administering or disposing of such property. 2. On the date hereof,the following named person was a duly appointed,qualified and acting officer of the Bank,that his correct title appears beside his name, and that on said date he was duly authorized to act on behalf of the Bank as set forth in the foregoing resolutions: Name Title Ryan P. Connelly Assistant Vice President IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of the Bank this I"day of December,2011. [Seal] �t;rr •''� l O f 1 S Assistant Secretary got *** Reda li resolution which have been omitted because they are not relevant to the transaction f w iNce ' been requested.) S:1RUEDPo 11WFB\Cenifications\WFB-Connelly Cert-0.Doc -2- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM DATE: October 9, 2014 TO: Daniel Govoni . THRU: Roy Brownlow FROM: Brad Connell $Ci SUBJECT: Wells Fargo Bank,NA and State Permit# 83-05 Please find correspondence enclosed dated September 19,2014 from Mr. Bruce McFadden, Vice President of Wells Fargo Bank,NA,requesting a permit renewal. State Permit#83-05 was transferred on September 17, 2013 for the construction of a commercial 105-slip marina, excavation, and a travel lift on Duck Creek in Bridgeton, Craven County. The permit expires on December 31,2014. The request is to renew this permit. Due to recent change in owners nd._trans er o ,no substantial development has begun under this authorization. This extension uld be to in order to keep t , permit valid. A previous request to extend the permit was granted to the previous property owner. It is suggested that this request be processed in accordance with 15A NCAC 07J .0404(c)whi states: "When an extension request has not met the criteria of Paragraph (b) of this Rule, the Departmen ma irculate the request to the commenting state agencies along with a copy of the original permit application. Commenting agencies will be given three weeks in which to comment on the extension request. Upon the expiration of the commenting period the Department will notify the applicant promptly of its actions on the extension request." Pending the review& comment of the appropriate State and Federal agencies,the Morehead City District staff would recommend that State Permit#83-05 be renewed for a period of two additional years from the expiration date of the permit. A check in the amount of$100 (#1007044689)has been received in order to process the request. Cc: Roy Brownlow, DCM . Enclosure ! 400 Commerce Ave.,Morehead City,NC 28557 One Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net North Carolina An Equal Opportunity 1 Affirmative Action Employer Naturally all y Wells Fargo Bank,N.A MAC T5629-011 Kerrville-Main Office 301 Junction Hwy Kerrville,TX 78028 830 896-2424 830 257-5114 Fax 800 869-3557 24 Hr.Customer Service Wells Fargo Bank,N.A. NC Division of Coastal Management Attn: Brad Connell 400 Commerce Avenue Morehead City, NC 28557 Re: CAMA Permit Extension September 19, 2014 Dear Mr. Connell: Per our previous email communications, please accept this letter as Wells Fargo Bank, N.A.'s formal request to extend the Permit for Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 more fully described by Permit Number 83-05 (attached) for an additional year. It is my understanding the current permit expires December 31, 2014 and thus the request for this extension. We very much appreciate your working with us on this matter in the past as well as the future and are looking forward to a successful conclusion to this matter. Enclosed please find the processing fee check of$100.00 payable to the NCDENR. Please mail the extension to my address here in Kerrville,Texas. If there is anything further you need from me please contact me and I will be happy to assist you. Z ially, 4a4o�/ � tsruce rvlcradden Vice President Encl: copy of Permit 83-05 $100.00 check payable to NCDENR RECEIVED OCT 0 6 2014 DCM-MHD CITY 4� 7 ..,_._ ;A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM DATE: July 31, 2013 TO: Doug Huggett THRU: Roy Brownlow ri 57 FROM: Brad Connell SUBJECT: Wells Fargo Bank,National Association (NA), and State Permit#83-05 Please find enclosed a letter from Mr. Howard Nichols, agent for Wells Fargo,NA, requesting a permit transfer. State Permit#83-05 was re-issued on February 3, 2009 to Rivershore, LLC for the construction of a commercial marina and excavation in Duck Creek adjacent to Galloway Street near Bridgeton, in Craven County. This permit is set to expire on December 31, 2014. The ownership of the property has changed over to Wells Fargo,NA. The new owner is requesting to transfer the above referenced permit from Rivershore, LLC over to the new owners, Wells Fargo,NA. I would recommend that State Permit#83-05 be transferred to the new owner, Wells Fargo, NA. A check in the amount of$100 (#2095) has been received in order to process the request. Cc: Ted Tyndall, DCM Doug Huggett, DCM Enclosure 400 Commerce Ave.,Morehead City,NC 28557 Phone:252-808-28081 FAX:252-247-3330 Internet:www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Credit Resolution Team Wealth Management 90 South Seventh Street Wells Fargo Center,3rd Floor MAC: N9305-032 Minneapolis,MN 55402 April 23, 2013 NCDENR-DCM C/o Doug Huggett, Manager ' RECEIVE 400 Commerce Ave. Morehead City, NC 28557 APR 2 9 2013 E-mail: Doug.Huggett@ncdenr.gov Re: CAMA Major Permit- Number 83-05 DCAI-MIM CITV Mr. Hugget, Wells Fargo Bank NA obtained ownership of Parcel 2-036-8004 in Craven County, NC on 12/08/11. It's our understanding that this property has a CAMA Major Permit for the construction of 105 Boat Slips, Dry Dock Storage & Launch, etc. as detailed in the Permit No. 83- 05. Per this letter, Wells Fargo Bank NA request that this Permit be transferred into our name. We have contracted with ECC, LLC of 102-A2 Regency Blvd., Greenville, NC 27858 to assist us in this matter. Wells Fargo Bank NA Contact person: ECC, LLC Contact person: Ryan P. Connelly, Assistant Vice President Howard Nichols, Owner 90 South Seventh St., 3rd. Floor 102-A2 Regency Blvd, Greenville, NC 27834 Minneapolis, MN 55402 P.O Box 20714, Greenville, NC 27858 Direct Line: (612) 316-3704 Office: (252) 327-9623 Sincerely, Ryan Connelly, Assista Vice President E C C April 23, 2013 NCDENR-DCM C/o Doug Huggett, Manager 400 Commerce Ave. Morehead City, NC 28557 E-mail: Doug.Huggett@ncdenr.gov , RECEIVED Y Re: CAMA Major Permit- Number 83-05 APR 2 9 2013 DCM MIND CITY Mr. Hugget, The property formerly owned by Rivershore, LLC received a CAMA Major Permit(Number 83- 05) from North Carolina Department of Coastal Management for Major Development in an Area of Environmental Concern and to Excavate/Fill pursuant to NCGS 113-229. This permit allowed for the construction 105 Boat Slips, Dry Dock Storage & Launch, etc. The permit also includes a Storm Water Management Permit SW7050508, "Rivershore Marina". A "Stormwater Permit Name/Ownership Change Form" has been submitted with NCDENR- DWQ in Washington Regional Office and is currently under review. The property ownership was transferred to Wells Fargo Bank NA on 12/08/11. A copy of the current deed is attached, as well as current Tax Parcel ID Card for reference. Wells Fargo Bank NA has contracted us to have the CAMA Major Permit and Stormwater Management Permit transferred to their name. Please find the attached: - CAMA Permit(Front page only) - Agent Authorization Form - Secretary's Certificate from Wells Fargo - Wells Fargo Deed - Current Tax Card - Request Letter from Wells Fargo Contact Person -Wells Fargo Bank NA: Ryan P. Connelly, Assistant Vice President 90 South Seventh St., 3`d. Floor, Minneapolis, MN 55402 Direct Line: (612) 316-3704 ECC, LLC Box 20714,Greenville, NC.27858—1-2-A2 Regency Blvd.,Greenville, NC 27834 Office(252)327.9623-Fax(252)439-0462—www.ECC-ENC.com E C C Feel free to contact him as needed. If you need any additional information, please feel free to contact me at (252) 327-9623 or email at hnichols@eccpllc.com. Sincerely, RECEIVED TJV--q vt� APR 2 9 2013 Howard Nichols, Owner ECC, LLC DCM MHDCTfy Cc Ryan Connelly, Wells Fargo ECC, LLC Box 20714,Greenville, NC. 27858—1-2-A2 Regency Blvd.,Greenville, NC 27834 Office(252)327.9623-Fax(252)439-0462—www.ECC-ENC.com Permit Class Permit Number RENEWAL NW 14 V�AL 83-05 STATE OF NORTH CAROLINA RECEIVED Department of Environment and Natural Resources and 4K Z 9 Z013 Coastal Resources Commission Y �rm�itDCN-MHDCff y .: for fi X Major Development in an Area of Environmental Concern pursuant to NCGS I I 3A-I 18 A Excavation and/or filling pursuant to NCGS 113-229 Issued to Rivershore, LLd' P.O. Box 746, Mt. Pleasant,SC 29465 Authorizing development in Craven County at Duck Creek, SR 1609—Galloway K Street as requested in the permittee's letter dated 215108 This permit, issued on February 3. 2009 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This renewal shall be attached to the original Pen-nit No. 83-05,which was issued on 6/l/05,the Transfer issued on 8/11/08,-and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. X, This permit must be accessible on-site to Department _-L personnel when the project is inspected for compliance. gson James H.'G Director 'e , Any maintenance work or project modification not covered Division of Coastal Management -i hereunder requires further Division approval. All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2010 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Signature of Pennittee Management Program. _2 (Page 1 of 5)- �li�l��1�■I��I ���IrI���IN1 ��IVED Imepe ID: 000002035281 TYPe: CRP Recorded: '210812011 at 10:26:39 AN Foe Amt: $3,796.00 Pape 1 of 5 i Revenue Tax: $3,770.00 APR 2 9 2013 Workflow# 0000059251-0001 Cravon, NC Sherri B. Richard Register of Deeds ex3046 PQ670 Exelse Tax$3,770.00 NORTH CAROLINA SPECUL WARRANTY DEED Tax Lot No.: Parcel Identifier No. 2 036 8004 Verified by County on the day of 2011 by Mail after recording to:4MMOKY'x This instrument was prepared by:Karon N.Nelmon,Esq.,K81L(rates LLP,214 North Tryon Street,Hearst Towner,471h Floor,CLadotte,NC 29202(Box 47) Mail to: HCTIA,6201 Fairview Rd.,Suite 225,Charlotte.NC 28210:File#1003-2083 Brief Description for the index U.S.Hwy. 17,Craven County,North Carolina THIS DEED made as of October 14,2011,by and between: GRANTOR GRANTEE REALMARK RIVERSHORE,LLC, WELLS FARGO BANK,N.A. a North Carolina limited liability company 301 S Tryon St 5789 Cape Harbor Drive,Suite 200 10th Floor,MAC D1129-100 Cape Coral,FL 33914 Charlotte,NC 28282-19 1 5 Attn: Joe Puma 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 shell include singular, plural, masculine, feminine or neuter as required by context. R�auM 40 Blanco Tackabe Ann: 6 ✓' P.O.Box 25ma Winston-Salem,NC 27114.sM CH-3063384 v3 Book: 3046 Page: 670 Seq: 1 (Page 2 of 5). 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 situated in Craven CED County,North Carolina and more particularly described as follows(the"Property'): SEE ElaIMT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. APR 2 9 2013 The property hereinabove described was acquired by Grantor by instminent(s) recorded in Book 2315 at Page 664 in the Craven County,North Carolina,Public Registry(the"Registry. DCAf-MHD CITY TO HAVE AND TO HOLD the property and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with the Grantee,that Grantor has done nothing to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,except for the exceptions hereinafter stated. Title to the property hereinabove described is conveyed subject to the following exceptions: SEE EBHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. That this Deed is an absolute conveyance of the title to said premises to Grantee for a fair and adequate consideration and is not intended as a mortgage,trust conveyance or security of any kind; that it is the intention of Grantor to convey to Grantee herein all its right, title and interest absolutely in and to said premises; and that possession of said premises shall be surrendered to Grantee upon the recording of this Deed in the Registry. That in the execution and delivery of this Deed, Grantor is not acting under any misapprehension as to the effect hereof,and acts freely and voluntarily and is not acting under coercion or duress. That this conveyance is made with the express intention that the interest in the premises herein conveyed by Grantor to Grantee shall not merge with the interest in the premises heretofore conveyed by Grantor to Trustee (as defined in the applicable Deed of Trust) for the benefit of Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, National Association by that certain Deed of Trust, Assignment of Rents and Security Agreement of record in Book 2315,Page 670 of the Registry, and that such interests shall be and remain at all times separate and distinct, notwithstanding any union of said interests in Grantee at any time by purchase, termination or otherwise, and that the lien of such Deed of Trust shall be and remain at all times a valid and continuous lien on the property therein described until such time as Grantee shall elect to cancel or foreclose said Deed of Trust. (01111,11p111111111 image ID: 000002035282 2Pagepe: � -3046 PG671 Book: 3046 Page: 670 Seq: 2 (Page 3 of 5) [Signature and Notary Page Attached] IN WITNESS WHEREOF,Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer,the day and year first above written. RECEIVED Fes. REALMARH RIVERSHORE,LLC a North Carolina limited liability company r APR 2 9 2013 RV- Title: tYYldiW SEAL-STAMP State of_ r L County of I certify that the following person(s)personally appeared before me this day, ac d ipg, to hat he she signed the foregoing document: (iIJL Y[�,/3C 16 - �� (Print Name and Title]. Date: / // 2011 Print Name: ort Notary Public My commission expires: lP f�l -1 [Notarial Seal] �""''f� Her Poefe sw,ar Flone. JOIN Wyt.p 9�^ �P M�Canmiaion EE00510b or no E�pcs ea2e20/1 Image ID: 0000020352833 3 5 e; R page &K3046-672 Book: 3046 Page: 670 Seq: 3 (Page 4 of 5) . EMBBIT A TO SPECIAL WARRANTY DEED Le¢a1 Description All that certain tract or parcel of land lying,situate and being in Number Two Township,Craven County,North Carolina,and more particularly described as follows: r Beginning at a point in the eastern right of way line of U.S.Highway 17,said point being located RECEIVED South 40 degrees 57 minutes 38 seconds West 7,156.28 feet from NCGS Monument"Resort", THENCE from said beginning point so located South 83 degrees 20 minutes 12 seconds East 145.45 feet;thence South 06 degrees 19 minutes 30 seconds West 250.46 feet;thence South 83 APR 2 9 ZQ�Q degrees 37 minutes 26 seconds East 105.19 feet;thence South 06 degrees 19 minutes 30 seconds West 437.58 feet;thence North 69 degrees 20 minutes 16 seconds East 552.89 feet;thence South 32 degrees 21 minutes 08 seconds East 45.22 feet; thence North 50 degrees 48 minutes 13 DC11?-lbjfj]j seconds East 307.22 feet;thence South 32 degrees 21 minutes 47 seconds East 301.41 feet to a point in the shoreline of Duck Creek;thence along the shoreline of Duck Creek and the Neuse River the following courses and distances: South 03 degrees 54 minutes 44 seconds West 320.65 feet, South 04 degrees 33 minutes 08 seconds West 410.94 feet, South 11 degrees 32 minutes 06 seconds West 608.16 feet, South 24 degrees 08 minutes 35 seconds West 307.94 feet, South 61 degrees 47 minutes 50 seconds West 138.87 feet,South 63 degrees 54 minutes 26 seconds West 38.66 feet, South 41 degrees 47 minutes 20 seconds West 145.35 feet, South 22 degrees 35 minutes 54 seconds West 105.03 feet,South 47 degrees 19 minutes 47 seconds West 73.41 feet, North 86 degrees 38 minutes 09 seconds West 185.68 feet, South 83 degrees 48 minutes 02 seconds West 103.68 feet, South 53 degrees 48 minutes 03 seconds West 82.39 feet, South 04 degrees 06 minutes 01 second West 81.61 feet, South 28 degrees 18 minutes 57 seconds West 104.10 feet, South 13 degrees 40 minutes 40 seconds East 70.49 feet, South 18 degrees 07 minutes 48 seconds West 272.11 feet,South 00 degrees 48 minutes 42 seconds West 333.84 feet, South 18 degrees 30 minutes 09 seconds West 173.80 feet, South 18 degrees 07 minutes 52 seconds East 69.22 feet, North 84 degrees 56 minutes 59 seconds East 44.34 feet, North 30 degrees 30 minutes 32 seconds East 50.16 feet, South 72 degrees 34 minutes 17 seconds East 16.37 feet, South 02 degrees 12 minutes 25 seconds East 173.25 feet, South 36 degrees 23 minutes 39 seconds West 166.66 feet,South 14 degrees 08 minutes 06 seconds West 111.54 feet, South 86 degrees 22 minutes 54 seconds West 44.58 feet, North 56 degrees 10 minutes 45 seconds West 55.75 feet, North 28 degrees 13 minutes 58 seconds West 133.19 feet,North 16 degrees 53 minutes 40 seconds West 264.58 feet,North 10 degrees 01 minute 48 seconds West 468.71 feet, North 12 degrees 49 minutes 14 seconds West 547.17 feet, North 01 degree 53 minutes 42 seconds West 151.06 feet,North 02 degrees 03 minutes 16 seconds East 244.51 feet, North 21 degrees 44 minutes 51 seconds West 242.02 feet and North 33 degrees 57 minutes 51 seconds West 217.31 feet to a point in the eastern right of way line of U.S.Highway 17;thence along said right of way line,in a northerly direction along a curve to the left,said curve having a radius of 3,143.04 feet, a chord length of 2,025.42 feet and a bearing of North 21 degrees 27 minutes 04 seconds East for a distance of 1,990.56 feet to the point of beginning, containing 78.911 acres,more or less,in accordance with a survey by Atlantic Survey&Design,P.A.dated June 2,2005,entitled"Survey of 78.911 Acre Tract,property of Rivershore,LLC for Realmark Rivershore,LLC",reference to which is hereby made. II III IIIIIIIII NIIIII Image I0: 000002035264 Tvae: CRP Page 4 of 5 &,3046 P-673 Book: 3046 Page: 670 Seq: 4 (Page 5 of 5) , EXHIBIT B TO SPECIAL WARRANTY DEED Taxes for the year 2011 and subsequent years,which are a lien but not yet due and payable. RECEIVED APR 2 9 2013 DCM MHD CrM II IIIIIIIIINIIII Image I0: 000=035285 Type: CRP Page 5 of 5 &,3046 P-674 Hook: 3046 Page: 670 Seq: 5